HomeMy WebLinkAbout95-06441
v,
IN THE COURT OF COMMON PLEAS OFNIJ'I I 6 /9usff
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
IN CUSTODY
MICHELLE L, WINTERS, :
Plalntlff
SCOTT E. McCLINTOCK, :
Defendant
NO. 95.ttl/l/ICIVIL TERM
pRDER OF COURT
AND NOW, !hIs /7tl'day of November, 1995, upon consideration of !he attached
complaint, it Is hereby directed !hat the parties and !heir respective counsel appear before,
O ~ .I v". .,,'" \..... MI." ~I MPrh.".1
"""" 1\ ~, ... "." !he conciliator, at , Q,mai.:.IIu.d Cbulll)' ~,,"Il_11Ile, "., >(.I'" ')
00 the 14\~y of (X.l\"'''~ 1995, at~:3l1Ilm., for a Pre.Hearina Custody Conference. At
suc:h conference, an effort wltl be made to resolve !he Issues in dispute; or if !his cannot be
ICCOmptlshed, to define and narrow !he issues to be heard by !he court, and to enter into a
temporary order. EI!her party may bring !he chlld(ren) who is !he subject of !hIs custody action
to the conference, but !he child/children's attendance Is not mandatory. Failure to appear at !he
conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT:
By: fl."II.,.J.JIII..t::; (Lc
Custody Conciliator f-/.IJjp/
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
Nor HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4!h Floor
CARLISLE, PA 17013
7 I 7/240-6200
AMERICANS WITII D1SABILlTIFS ACT OF 1990
The Court of Common Pleas of Cumberland County Is required by law to comply wl!h
!he Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled Individuals having business before !he court,
plr.ue contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
Permn.
Addresses
DIW
Michelle L. Wlnlers
Donovan K, L.chr
(son from prior relallonshlp)
301 N. lIedford Slrcet
ApI. II
Cllrllsle, P A 1701 3
11 I 9/95 .prescnl
(1),0.11.)
The mother of the child Is Michelle L. Wlnlers, cllrrently residing III 301 N. lIedlilrd
Streel, Apt. B, Carlisle, Cumherland County, Pennsylvllnla 17013 ,
She Is single.
The father of lhe child Is SCOll E, McClhllock, currently residing al III Amy Drive,
Carlisle. Cumberland COUnly, Pennsylvania 17013.
He Is married.
4. The relallonshlp oflhe defendanlto the child Is lhalof falher. The defendant docs
not reside wilh any other person.
5. The relalionshlp of plalllllff 10lhe child Is thaI of mOlher. The plaintiff currenlly
resides wilh the following persons:
~
Relationship
Donovan K. L.chr
Kace
Son/Previous I{elallonshlp
Son
6, Defendant has not parllclpllted as II p"rty or wilness. nr In IInother capacity. In
olher Iltigallon concerning the custody of the child In this or IInnther court,
Defendanl has no infonnalion of II custody proceeding concel'lling the child pending in
a court of this Commonwealth,
Defendant docs not know of II person not II pllrly to the proceedings who hilS physical
custody of lhe child nr c1l1lms 10 have custody or vlslllltion rights with respect 10 the child.
7. The hest Interest IIl1d permllnent wclfllrc of thc dllld will he scrvcd hy granting
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N(lV 1 (j 10% tY
MICHElLLB L, WINTERS,
PIalnliff
IN THB COURT OF COMMON PLBAS OF
CUMBERLAND COUNTY, PBNNSYLV ANlA
CIVIL ACTION . LAW
IN CUSTODY
v,
SCOTr B, McCLINTOCK,
Defendant
NO. 9,.11I111 CIVIL TERM
PRAECIPE TO "OCIr.II'D IN
fORMA ."'IPII'JlIA
To the Prothonotary:
Kindly allow Michelle L. Wlnten, Plaintiff, 10 proceed In forma plUperil,
I, John C. Stevenl, of the Family Law Clinic, lIudent attorney for the party proceedl",
in forma pluperil, certify that I believe the party II unable 10 ply the colli and thai I am
provldi", me lepI aervlce 10 the party, The party'l affidavit Ihowlnllnabllity 10 ply the colli
of IIliaalion II attKhed herelO,
Date:
/II? /9S-
I '
~A;' {! Q~
JOHN C. STBvfJN8--'"
,Certined~lntem
14,9z=.
ROBER . RAINS
THOMAS M. PLACB
KATHERINE C. PBARSON
Surcrvial", Attorney
GAIL R. SHBARER
Staff AtlOrney
THE PAMILY LAW CLINIC
4' North Pitt Street
Carll lie, PA 17013
(717) 243.2968
Pu: 243.3639
..
MICHBLLB L. WINTERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
v.
SCOTT E. McCLINTOCK,
Defendant
NO. 95-
CIVIL TERM
AFFIDAVIT SUPPORTING PETITION FOR LEAVE
TO PROCEED INFORMA PAUPERIS
I, I am the plaintiff in the above mailer and becausc of my financial condition am
unable to pay the fees and costs of proscculing or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represcnt that the information below relaling to my ability to pay the fees and
costs Is true and correct.
(a) Name: Michelle L. Winters
Address: 301 N, Bedford Street, Apt. B
Carlisle, PA 17013
Social Security No.: 195-58-7044
(b) Employment
If you are presently employed, state
Employer:
Address:
Salary or wages per momh:
Type of work:
If you are presenlly unemployed, slate
Date of last employmenl: April 1994
Salary or wages per momh: $600.00 per monlh
Type of work: Order Processor (Assembly Line)
(c) Olher income within lhe pasl Iwelve months
Business or profession: none
Olher self-employmenl: none
Inlercst: none
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Dividends: none
I)enslon and annuities: none
Social security benefits: none
Support paymento: $140.00 month for Donovan (goes to Public Assistance)
$160.00 month for Kace (goes 10 Public Asslslance)
Disability payments: none
Unemployment cOlllpensallon and supplemental benefits: none
Workman's compensation: none
Public Assistance: $403.00 per monlh
Other:
Food Stamps: $240.00 per mon!h
(d) O!her contributions to household support
(Wlfe)(Husband) Name: N/A
If your (wlfe)(husband) Is employed, slate
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other conlrlbutlons:
(e) Property owned
Cash:
Checking account: $100.00
Savings account: none
Certificates of deposit: none
Real estate (Including home): none
Motor vehicle: Make, Year none
COSl , Amount Owed $
Stocks; bonds: none
Other: none
(0 Debts and obllgalions
Mortgage: none
Rent: $0.00 (i'ubllc Housing)
Loans: none
Other:
Rent: $40.00 per momh
Phone: $30,00 per month
Oas: $30.00 per monlh
Car Phone; $30,00 per 1II0nlh
Diapers: $80,00 per monlh
Pood: $240.00 per month from Pood Stamps
Clolhes: $33.00 per 1II0nlh
Miscellaneous lIousehold Supplies: $70.00 per m0l1lh
Transportation: $80.00 per month
't -..
(II) Persons dependent upon you for support
(Wife)(Husband) Name:
Children, If any:
Name: Age:
Kace 9 months
Donovan 3 years
Olher persons: none
Name:
Relationship:
4, I understand that I have a continuing obligatIon 10 Inform the court of
Improvement in my financial circumstances which would pennlt me to pay the
costs incurred herein.
5. I verify !hat the statements made In this affidavit are lrue and correct. I
understand !hat false statements herein are made subject to the penalties of 18
Pa.C.S, 14904, relating to unsworn falsification to aUlhorltles.
Date~
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UNITID ITA"I I'OITAL IIllVlCl
0ItIaIII ..........
PENAlTY fOR PAlVATE
USE 10 AVOID PAYMENt
Of POSlAllE. PIll
Print your name. Iddre__ end ZIP Code here
. .
FAMILY LAW CUNIC
41 Nanh Pin I,re"
C_Io.'" 11013
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M1CfIRI J.R L, WINTERS, :
Plaintiff
v.
IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANJA
CIVIL ACTION - LAW
IN CUSTODY
SCOIT B. McCUNTOCK, :
DeCendlInt
NO. 95-6441
CIVIL TERM
CERTIFlCATE OF SIi'JlVICE
I, John C. Stevan., Certified Lepllntern, Family Law Clinic, hereby certify that I have
..wd . true and corroct copy or laid Cuatocly Complaint on Scott B. McClintock ralcIina It
111 Amy Drive, Cull., Penn.ylvanla, by depo.ltina . copy or the aame In the United StafeI
mall, certified, reatrlclod delivery, return receipt requeated, poatqe prqJlid, thi. 30th day or
November, 1995,
'}
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JoIiii C, SleYenL-.-"
/Certlfied Lept Intern
FAMILY LAW CUNlC
45 North Pitt Street
CulIa1e, PA 17013
7171243-2968
7171243-3639
MICHELLE L. WI~rERS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-6441
CIVIL TERM
SCOl'l' E. McCL INTOCK,
Defendant
CIVIL ACTION - LAW
CUSTODY
(JUJIIR OF 00lRl'
All) lOl, this .-Ji tl, day of 'D~ u _l.d
upon consideration of the attached Custody concfliation SUITIllllry
is ordered and directed as follows:
, 1995,
Report ,ll
1. The Mother, Michelle L, Winters, and the Father, Scott E.
McClintock, shall have shared legal custody of Kace M. Winters, born January
19, 1995.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child every
Wednesday fran 5:00 p.m. until 8130 p,m. and on alternating weekends fran
Saturday at 10:00 a,m. until sunday at 12100 noon. During the Father's
periods of partial custody, the Child shall not be taken to the Paternal
Grandfather's home.
4. The parties shall share custody of the child on holidays aa
arranged by mutual agreement of the parties.
5. The Father shall be responsible to provide all transportation for
purposes of exchange of custody under this Order,
6. This order is entered pursuant to an agreement of the parties at a
CUstody conciliation Conference. The parties may modify the terms of thia
ordllr by mutual agreement. In the absence of mutual agreement, the
provisions of this Order shall control.
BY ,!'HE COURT,
J,
cc:
scott E. McClintock
John C. Stevens, Legal Intern and Thomas M, Place, Esquire,
Family Law Clinic
(\.~ l~~ l'JII'lI~r
~~ ,), .e.
FILED-OFFICE
OF Tilt r-fOTI10NJTMY
'.15 DEe 19 fill Ot 10
CUMBEfl1.tND COUNlY
PENNSYLVANIA
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Jamn K, Jonn. [Iqulrt
7ln'ine Row
Carlisle. PA 17U \3.31119
(717) 24110112%
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MICHELLE L. WINTERS,
Plainllff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: No. 95.644 I
CIVIL TERM
SCOrf E. McCLINTOCK.
Defendant
: CIVIL ACTION..LA W
: CUSTODY
ORDER OF COURT
AND NOW. this .::rJ day of ~ ' 1999, upon
consideration of the allached complnlnl. II Is hereb dl ctcd thaI the parties and their
respecllve counsel appear before . the
conciliator, al ' on the
~ day of )d.ne . 1999, at \. 00 . m., for a Pre-Hearing
Custody Conference. Al such conference, an elfort wl1l be ma e to resolve the issues in
dispute and nlllTOw the issues to be heard by lhe court, and to ellieI' into a temporary
order. All children age live or older may also be present al lhe conference. Failure 10
appear al the conference may provide grounds lor enlry of II lemporary or pemlanent
order.
~
t'\;b)
The Court of Common Pleas of Cumberland County is required by law to comply wllh
lhe Americans with Disabilities Act of 1990. For Informallon about accessible facilities
and reasonable accommodallons available to disabled Individuals having business before
the court. please contacl our ot11cc. All arrangcmenls musl bc made al leasl 72 hours
prior 10 any hearing or busincss bclhre the court. Y llU musl IIlIend the scheduled
conference or hearing.
By:
Cuslody Conciliator
FOR mE COURT,
YOU SHOULD TAKE TillS PAPER TO YOlm LAWYER AT ONCE. IF yOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE. 00 TO OR TELEPHONE
mE OFFICE SET FORTIIIlELOW TO FIND OUT WHERE YOU CAN (JET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLlSLE.I'A 17013
(717) 241).3166
MICHELLE L. WINTERS.
PlaintltT
: IN Tl IE COIJRT OF COMMON PI.EAS OF
: CIJMBERLAND COUNTY. PENNSYLVANIA
vs,
: NO. 95.6441
CIVIL TERM
SCO'rl' E. McCLINTOCK.
Defendant
: CIVIL ACTION..I.A W
: CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been broughl againsl you alleging you have willfully
disobeyed an order of Court for partial cuslody.
If you wish to defend against lhe claims set forth in the following pages. you may
but ore not required to file in writing with lhe Court your defenses or objections.
Whelher or nol you filed in writing wilh the Court your defenses or objeclions,
you must appear In person in Court as designated on the previous page.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A
WARRANT FOR YOUR ARREST,
If the Court finds that you have willfully failed 10 comply wilh this order for
partial cuslody, you may be found to be in contempt of Court and com milled 10 Jail. fined
or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU
DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE
THE OFFICE SET FORTI I BELOW TO FIND OUT WHERE YOU CAN OET LEOAL
HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, I'ENNSYLVANIA 17013
(717) 249.3166
\
I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE
TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C. S. fi4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
$111;41/
Date
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Scoll E. McClintock
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vs.
1 1N THE COURT OF COMMON PLEAS OF
1 CUMBERLAND CXXJNTY, PENNSYLVANIA
1
1 NO. 95-6441 CIVIL TERM
1
I CIVIL ACTION - LAW
1 CUSTODY
MICHELLE L. WINTERS,
plsintiff
SCOTT E. McCLINTOCK,
Defendant
ClUlER 01." cnm
AND ~, this IS-tL day of f:).Lt-1.....
upon consideration of the attached Cuatody concrtration surrmary
is ordered and directed as follows 1
, 199 b,
Report iU
1, The Mother, Michelle L. Winters, and the Father, Scott E.
McClintock, shall have shared legal custody of Kace M. Winters, born January
19, 1995,
2. The Mother shall have primary phyaical custody of the Child.
3. The Father shall have partial physical custody of the Child every
Wednesday from 5100 p,m, until 8130 p.m. and on alternating weekends from
saturday at 10100 a.m. until sunday at 12100 noon, During the Father's
periods of partial custody, the Child shall not be taken to the Paternal
Grandfather's home.
4. The parties shall share custody of the Child on holidays as
arranged by mutusl agreement of the parties.
5, The Father shall be responsible to provide all transportation for
purpose a of exchange of custody under thia Order.
6. This Order is entered pursuant to an agreement of the parties at a
CUstody Conciliation Conference. The partiea may modify the terms of this
Order by mutual agreement, In the absence of mutual agreement, the
provisions of this Order shall control.
TRUE COpy FROM RECORD
In Teltimony whmo!. I here unto ~et my hend
and the leal of said Courl al Carlisle. Pa.
This ....t.9.~ day of tJ ~.<:..-, :' 19 ''l:i.~
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, ~I.Z 'A. lL. OcHtl\,\":,..,,,....
..............~.\t.4rM. .0.....'.<..,.., ,
+- Prolhonolary
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BY THE COURT,
'."1 Q v..I'D"P.... f)e" ,1.", J,
"1 (J' ~
cCI Scott E. McClintOCK
John C. Stevens, Legal Intern and Thomas M. Place, Eaquire,
Family Law Clinic
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C., L)l (J
v.
: IN TIlE couln OF COMMON ('LEAS OF
: CUMIlEltLANI> COUNTY.I'ENNSYL VANIA
: NO, 95.6441 CIVIL TERM
MICIIELLE L. WINTERS,
I'lalnlll1'
SCOTT E. McCLINTOCK,
Defendant
: CIVIL ACTION. LAW
: IN CUSTODY
m:n:ION FOR I\tOUlfICA'nON..QF ClJS1'O~
AND NOW, comes I'elilioner, Mlchclle L. Wlnlcrs, by and through her counsel of
record, Bradley L. Grime, Esquirc, and the law 0011 of Grimc & Associales pelillons the
Court as follows:
I. Your I'elilloner is lhe above-namcd I'lalntiff, Mlchellc L. Wlnlers, an aduh
individual currenlly residing al 622 Woodland A vcnue, MI. Ilolly Springs,
Cumberland Counly. Pennsylvania,
2. Your Respondenl Is lhc above-namcd Defcndant, Scoll E. McClintock, an
aduh individual whosc currcnl rcsldential addrcss is unknown hut who is
represcnled In thc prescnl procccdings by James K. Joncs, Esqulrc, whose
office address is 7 Irvine Roll', Carllslc, Cumberland Counly, I'ennsylvania,
3. The parties arc Ihe natural parcnls of onc child namely, Kacc M. Winters, bom
January 19, 1995.
4. An Ordcr of Court dlctllllnlllhe lerms of clIslody belwcen lhe parties lor the
child was entered on Decembcr I H, 1995. and Is aUllchcd herelo and
Incorporutcd hcrein by refcrcnce liS Exhlbil UA,U
5. Sincc thc Ordcr wus cntered on Dcccmbcr Ill. 1995, lhe child hus resided in thc
primury physicul custody of Pctilioncr und Pctitioncr's other child. Donovan
Winters (DOB 10/211/92).
6, At the limc of lhc prior Ordcr. Petilioncr und hcr childrcn were rcsidlng on
North Bedford Strccl in Curlisle. Cumberlund County. Pcnnsylvuniu,
7. During December 1997, Pelitioncr und her children movcd to 2 Trine A venue,
MI. Holly Springs, Cumbcrlund Counly. Pennsylvuniu,
8. In December \999, whcn Petitioncr purchused u homc of hcr own, she und the
children moved to hcr prcscnl uddress.
9. At all times, since the cnlry of thc prior Ordcr, the child ul issue has resided in
Cumberland Counly, Pennsylvania.
\ o. Since lhe entry of lhe prior Order. circumstunces have chungcd such thaI thc
prior Order is no longer in lhc child's bcst interesl und, thereforc, Petilioner
rcquesls your Ilonorublc Court to modify lhe prior order,
II. The Ordcr should bc modi lied bccuusc:
A. Sincc thc cntry of lhc Ordcr. I{cspondenl hus hud limited contucl with the
child und norc1ulionship cxists bel\\'ccnthc child IInd Rcspondcnt;
B. Dcspile rcpcnted rcqucsts by Pclilioncr fur Rcspondcnllo bccome involved
In lhe child's life. Rcspondcnt hns fllilcd 10 bccomc involvcd in thc child's life, limiting
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MICHELLE L. WINTERS,
plaintiff
IN THE OOURT OF CXlMMOO PLF.AS O~'
: CUMBERLAND COONTY, PENNSYLVANIA
.
.
va.
: NO. 95-6441 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: CUSTODY
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soorr E. McCLINTOCK,
Defendant
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AI<<) 101, this ,.:; iL day of it.J l ~
consideration of the attached custody conc iatio
and directed aa follows:
: " .~r!
J." ",
1999/ upon :...J
is orq!red",
" (1\
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Report/ it
1. '!he prior order of this Court dated Decentler lB, 1995 is vacated
and replaced with thia order.
2. '!he Mother, Michelle L. Winters, and the Father/ scott E.
McClintock, shall have shared legal custody of Kace M. Winters, born
January 19, 1995. Each parent shall have an equal right, to be exercised
jointly with the other parentI to make all major non-emergency decisions
affecting the Child's general well-being inclUding, but not limited to, all
decisions regardilY;l his health, education and religion.
3. '!he Mother shall have primary physical custody of the Child.
4. '!he Father shall have 3 weekly periods of supervised visitation
with the Child at the Y.M.C.A. or with another individual agreed upon by
the parties.
5. After completing the 3 periods of supervised visitation, the
Father shall have 3 periods of partial physical custody on consecutive
Saturdays fran 1:00 p.m. until 6:30 p.m.
6. Upon completing the Saturday periods of custody under the
preceding paragraph and continuing thereafter, the Father shall have
partial physical custody of the child on alternating weekends fran Saturday
at 1:00 p.m. through Sunday at 1:00 p.m. and every Wednesday fran 5:00 p.m.
until 8:30 p.m.
7. During the Father's periods of partial custody, the Child shall
not be taken to the paternal grandfather's home.
8. '!he parties may share or alternate having custody of the Child on
holidays as arranged by mutus 1 agreement.
9. '!he Father shall be responsible to provide all transportation for
all exchanges of custody under this order, with the exception that the
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Mother &hall transport the Child to the Father's residence for the
WednesdaY periods of partial custody.
10. 'ltIis Qt'der is entered pursuant to an agreement of the parties at a
custody conciliation conference. The parties may modify the provisions of
this order by nutual consent. In the absence of mutual c<lnsent, the terms
of this order shall control.
BY THE COURT,
eel
Bradley L. Griffie, Esquire - Counsel for Mother
-
James K. Jones, Esquire - counsel for Father
/
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~v~ 7/''I/'1f'
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MICllELLE L. WINTERS,
Plaintiff
v.
: IN TIlE couln OF COMMON I'LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION.LA W
: NO. 95-6441 CIVIL TERM
: IN CUSTODY
SC011' E, McCLINTOCK.
Defcndanl
AND NOW, comes Pelltioncr, Michelle L. Winlers, by Ilnd lhrnugh her counsel.
Bradley L. Grime, Esquire. and lhe law linn of Grime & Assoclales. Ilnd pelltlons the
Court as follows:
I. Your Petitioner is Michelle L. Winters, lhe above. named Plainliff and an
adull individual rcsiding al 622 Woodland Avenue, Mt. Holly Springs, Cumberland
Counly, Pennsylvania.
2. Your Respond en I is Scoll E, McCllnlock, the above.named Defendant and an
adulllndividuallasl known to be residing at 24 Cheslnul A venue. Carlisle. Cumberland
Counly, Pennsylvania,
3, The parties arc the naturalparenls of one child. nllmely, Kace M. Winters,
born January 19, 1995.
4. The Parties arc subject to 1111 Order of Court doled July 15, 1999, relallve 10
custody of lheir son, Kace, 0 copy of sllid Ordcr being ollached heretllllnd ineorporuted
herein by reference us Exhibit "A."
5. Pursuanl 10 poragraph 5 uf the ofilresllld Order. l{eNpllllllent hud three (3)
periods of supervised visltulion with lhe child lilllllwingthe entry Ill' lhe Order.
6, Since lhe entry of lhe Order, the Father hud lhree (3) periuds uf duytltne
visits with lhe child und une overnlghl perlllll.
7. Petitioner has not heard from lhe Respondent for in excess of two (2)
months and has not received any responses from Respondenl despite lhe facl thaI she has
attempted to conlact him at his fomler home telephone numbcr and by using his pager.
8. Respondent's family has indicalcd 10 the Pelitioncr lhal lhey have no
informal ion regarding Respondent's whereabouts.
9. Petitioner has detemlined that Respondent was fired from his lasl place of
employment.
10. Respondent, allhough subject to an Order of Court through the Court of
Common Pleas of Cumberland Counly to provide support in the amount of $499.98 per
month for the support of the parties' child, has failed to make payments for in excess of
two (2) monlhs and has failed 10 provide any informal ion to the Domestic Relalions
Office relative to his current employment.
I I. Despile Petilioner's efforts to locale Rcspondent and sccure any type of
response from him relalive to his posilion concerning contacl with his son, Petitioner has
been unable 10 gain any type of response of any nalure whatsoever,
12. In the past, Respondenl has begun contact with lhe parties' child only to
then complelc1y terminate contact for an extended period of time.
13. In the present siluallon. Pelitioner lilerally forced the child to go with
Respondenl, for lhe IImiled periods of time lhal he spent with Respondenl under the last
Order.
14. Pelitioner has reason 10 bellcve thut Respondenl in the pusl has been
Involved in criminul activity and, lherefore, also hus rcason to belicve lhal Respondent
may have lef\ lhe area tl) avoid criminal prosecution.
..
',.
MICHELLE L. WINTERS,
Plaintiff
vs.
IN THE COURT OF ~ PLEAS OF
CUMBERLAND COON'l'lt, PENNSYLVANIA
NO. 95-6441 CIVIL TERM
SCOTT E. MCCLIN'ltx:K,
Defendant
CIVIL ACTIOO - LAW
1 CUSTODY
CIUlm. OF <DRl'
AtI) 1Df, this IS~ day of Cl...L. ,-1999, upon
consideration of the attached CUstody concUialfond'Report, it is ordered
and directed as follows 1
1. 'nle prior Order of this Court dated December 18, 1995 is vacated
and replaced wi th this Orc;ler.
2. 'nle Mother, Michelle L. Winters, and the Father/ Scott E.
MCClintock, shall have shared legal custody of Kace M. Winters, born
January 19, 1995. Each parent aIlall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all
decisions regarding his health, education and religion.
3. 'nle Mother shall have primary physical custody of the ChUd.
4. 'nle Father shall have 3 weekly perioda of supervised visitation
with the Child at the Y.M.C.A. or with another individual agreed upon by
the parties.
5. After completing the 3 periods of supervised visitation, the
Father shall have 3 perioda of partial physical custody on consecutive
Saturdays from 1:00 p.m. until 6:30 p.m.
6. Upon completing the Saturday periods of custody under the
preceding paragraph and continuing thereafter, the Father shall have
partial physical custody of the Child on alternating weekends from Saturday
at 1:00 p.m. through Sunday at 1:00 p,m. and every Wednesday from 5:00 p.m.
until 8:30 p.m.
7. During the Father I s periods of partial custody, the ChUd shall
not be taken to the paternal grandfather's home.
8. The parties nay share or alternate having custody of the Child on
holidays as arranged by mutual agreement.
9. The Father shall be responsible to provide all transportation for
all exchanges of custody under this Order/ with the exception that the
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MICIlELLE L. WINTERS, : IN 'l'IIE CDURT OF OOMMON PLEAS OF
Plaintiff : CUMBERLAND COUN'l'Y, PENNSYLVANIA
:
vs. : NO. 95-6441 CIVIL 'l'ERM
:
soorr E. McCLINTOCK, : CIVIL ACTION - LAW
Defendant .
.
IN CUS1UDY
D 8 ~
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:;0 ",;y
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gri -n ~:h ,I
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2000, uPbn ~ ""
, Iv ~
Report, it is ordered
aIDI!R OF cum
AN> 1Of, this I d day of d ~ c.~
consideration of the at~custody Conc liation
and directed as follows:
1. The prior Order of this Court dated July 15, 1999 is vacated and
replaced with this Order.
2. The Mother, Michelle L. Winters, and the Father, Scott E.
McClintock, shall have shared legal custody of Kace M. Winters, born
January 19, 1995. Each parent shall have an equal right, to be exerciaed
jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all
decisions regarding her health, education and religion.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have periods of visitation with the Child which
shall take place at the Mother's residence unless the parties agree
otherwise, on saturdays from 8:00 a.m. until 12:00 noon, \~hen the Father
does not work, and on certain interim Thursdays from 5:45 p.m. through 8100
p.m. The dates for the Father's periods of custody through June 2000 are
as follows: saturday February 26, 'l'hursday March 9, saturday March 18,
saturday Mardl 25, Thursday April 6, Saturday April 15, saturday April 22,
Thursday May 4, saturday May 13, saturday May 20, Thursday June 1, Saturday
June 10, saturday June 17 and 'l'hursday June 29.
5. After following the schedule set forth in the preceding paragraph
through June 29, 2000, counsel for either party may schedule an additional
Custody Conciliation Conference to review the custody arrangements by
contacting the Conciliator before August 1, 2000.
6. '1"is Order is entered pursuant to an agreement of the parties at a
custody Conciliation Conference. '1'he parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
VS.
I IN TilE aJURT OF CXXoIMOO PLEAS OF
I CUMBEltLANO COON'l'Y, l'ENNSYLVANIA
I
I NO. 95-6441 CIVIL TERM
I
I CIVIL Act'ION - LAW
I
I IN CUSTODY
MICIlELLE L. WINTERS,
Plaintiff
SOOTT E. McCLIN'OOCK,
Defendant
PRICIt JlJ)GIII J. Neeley Oler, Jr.
amaJr tXltCILIATI<fi IUIIARY RJlI'(Jt'1'
D1 ACaJUWICB WI'l1I aIIIIIIU.AND aumt RUL8 (W' CIVIL IW) ....".
1915.3-8, the undersigned CUstody conciliator submits the following report I
1. The pertinent information concerning the Child who is the subject
of this litigation is as followSI
~
M'l'B or BIJmI
aJlIlIIm',y Dl amaJr or
Kace M. Winters
January 19, 1995
Mother
2. A Conciliation Conference was held on February 22, 2000, with the
following individuals in attendance I The Mother, Michelle L. winters, with
her counsel, Bradley L. Griffie, Esquire, and the Father, Scott E.
McClintock, with his counsel, James K. Jones, Esquire.
3. 'll1e parties agreed to entry of an Order in the form as attached.
Oa{:k...,,'tj ~.3, ~~n
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Dawn . sunday, Eaqu re
Custody Conciliator
.
MICHELLE L. WINTERS, . IN THE CXlURT QI," ~ PLEAS OF
.
Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA
.
.
.
vs. : NO. 95-6441 CIVIL TERM
.
.
SCX7l'T E. McCLINTOCK, : CIVIL A~IOO - LAW
Defendant : IN CUS'lOOY
QUlIlR ~ CDRl'
All) tD, this ~stL
upon consideration of t e attached
ordered and directed aa follows:
~l'~h.... L. eJ , 2000,
Cone iation Report, it is
day of
CUstody
1. '!he prior order of this Court dated March 1, 2000 is vacated and
replaced with this Cl:'der.
2. 'l1le Mother, Michelle L. Winters, and the Father, scott E.
McClintock, shall have shared legal custody of Kace M. Winters, born
Januaty 19, 1995. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all majot' non-emergency decisia'lll
affecting the Child's general well-being including, but not limited to, all
decisions regarding his health education and religion.
3. 'l1le Mother shall have primaty tllysical custody of the Child.
4. 'l1le Father shall have periods of visitation with the Child which
will take place at the Mother's residence, unless the parties agree
otherwise, fran B:OO a.m. until 12:00 nooo 00 5eptenber 9, 2000, Septenber
16, 2000, October 7, 2000, and October 14, 2000.
upon cOl11lleting the periods of visitation set forth in the
preceding paragraph, the Father shall have partial tllysical custody of the
Child fran B:OO a.m. until 1:00 p.m. on Novenber 4, 2000, Noverrber 11,
2000, Decenber 2, 2000 and DeceJlber 9, 2000.
During the week following Christmas, fran Decenber 27, 2000
through January 1, 2001, the Father shall have custody of the Child for a 6
hour period on each day that the Father has off work, with the specific
times to be arranged by agreement of the parties.
5. 'l1le Father shall provide his work schedule for the 3 month period
beginning in Decenber 2000, to the Mother no later than November 30, 2000.
6. '!he Father shall not take the Child to the paternal grandfather's
residence during the Father's periods of custody.
;.
Wherefore, the Defendant hereIn, Scott B, McClintoc~, respectfully
requests exclusive periods of vieitation with hie child to be set
by an Order of Court, or in the altelnative, that Scott E.
McClintock be ordered primary physical custody of his child on the
account of the refusal of Michelle L, Wintere to grant him partial
periods of visitation.
Respectfully submitted,
DATE I October B, 2001
t-vL
By
S M.
ttorney I,D.. 18727
352 s. Sporting Hill Rd.
MBCHANICSBURG, PA 17055
(717)737-2033
VS.
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I IN TIlE OOIJRT (Xl' CXHlOO PLEAS Of' v,- T
I CUMIlERLAND COONTr, PENNSrLVANIA
I
I NO. 95-6441 CIVIL TERM
I
I CIVIL ACTION - LAW
I IN aJsrooy
MIClt'LLB L. WINTDlS,
Plaintiff
soorr E. McCLIN'roCI<,
Defendant
auJIlR c.- ClUn'
. AND tDf, this
upon conaider-atton of the attached
0C'der-1Id lII1d dir-ectlld as followsl
day of , 2000,
Custody conciliatioo Repor-t, it is
1. 'U1e priOl:' 0I:'der- of this Cour-t dated Mar-ch 1, 2000 is vacated and
~IaOld with this order-.
2. 'U1e Hather-, Michelle L. Winter-s, lInd the Father-, Scott E.
HcClintock, shell have shar-1Id legal custody of Kace M. Winter-s, bar-n
JllIUllty 19, 1995. ElIch per-ent shall have lI/1 equal r-ight, to be eXllr:ciSed
jointly with the other- PIIl:'ent, to mske all msjOl:' non_t'gency decilliooll
affecting the Olild'l genllr-aI well-being including, but not limited to, all
deal.ione reglrding his health education and r-eligion.
3. 'U1e Hather lII1all have pdmsty Plysical custody of the Olild.
4. 'U1I Father- shall have periods of visitation with the Child which
wUl take place at the Mother's t'llllidence, 1I11ess the perties agree
otherwi.., fron 0100 a.m. until 12HlO noon on Bepterrber g, 2000, Septenber
16, 2000, lktober 7, 2000, and O::tober- 14, 2000.
Upon conpleting the periods of visitation set for-th in the
pre..lIding peragrapl1, the Father- shall have partilll plysiclll custody of the
OlUd fron 0100 a.m. until 1/00 p.m. on Novenber- 4, 2000, NOVenber 11,
2000, IlecentJer 2, 2000 and Decenber 9, 2000.
During the week following Christmas, Cran ()ecenber 27, 2000
through January 1, 2001, the Father shall have custody of the Child for a 6
IIOUt' per-iod on each day that the I"sther- has off work, with the spec!Cic
timell to be arranged by agreement of the parties.
5. 1118 Father- shell provide his Work schedule for the 3 month per-iod
beginning in lleclll1'ber- 2000, to the Mother no later than Novenber 30, 2000.
6. 'U1e Father shall not take the child to the paternal grandfather-'ll
n.idence clJr-ing the Father's periods of custody.
.
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MIIIAHa lAM IlEIURH
SCHEDULE J
EENEFICIARIES
IITAn Of
FILE NUMBER
REIA TlONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSDN(S) RECEIVING PROPERlY Do Not lilt TrullH(11 OF ESTATE
TAXABlE DISTRIBUTIONS (Include oulrighllpGUlaI d.llllbuhOllI) -
I.
I,
ENTER ~;;MOUNTS FOR DISTRIBUTIONS SHOWN ASOVE ON LINES 15 THROUGH 17. AS APPROPRIATE, ON REV 1500 COVER SHEET
II, NQN,TAlCAIlE illS IIUTlONS:
A, 6POUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN elECTION TO TAX IS NOT BEING MADE
1,
B, CtlARITABlE AND GOVERNMENTAL DISTRIBUTIONS
I
.
TOTAL Of PAIIT II. ENTER TOTAL NON,TAXABlE DISTRISUTlONS ON LINE 13 OF REV 1500 COVER SHEET . ,
(II..... IJlIlCI II 1lIIdId, In..~ 1dd,IIOflallheell 01 th. IlIITlI 1111)
7.
conaent.
control.
'111e parties may modify the provisions of thia Order by mutual
In the abaenee of mutual consent, the terms of this order shall
BY THE ootJRT,
J. Wesley Oler, Jr.,
J
CCI Bradley L. Griffie, Esquire - Counsel for Mother
Dirk E. Berry, Esquire - Counsel for Father
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01 rtC11I1 II~~ ONLY
COMMONWEALTH OF
PENNSYlVANIA
OEIWITMENT OF REVENUE
DEPT. aoeol
HARRISBURG. "" 17t2B.(J6()1
REV.1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
-'1_'_"
DECEDENT1 NAIIE (lASI. FIRST. AND MiDDlE INITIAl I
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SOCIAl. SECURITY NUlMlER
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PE~.NS'rL\I,W:"
.
MICHELLE L, WINTERS,
PlnintilT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
vs.
95-6441
CIVIL ACTION LA W
SCOTT E. MC CLlNTOCK,
Defendnnt
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr,
CUSTODY CONCIUATCON SUMM1\RY ~EPORT
IN ACCORDANCE wnll CUMBERI.AND COUNTY RUU OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
I. The pertinent infonllation conccming the Child who is the subject of this litigntion Is ns
follows:
&ME
l!Al'E 01<' BIR1'I1
CURRENTl.Y IN CUSTODY OF
Kace M. Winters
Jnnuary 19, 1995
Mother
2. A Conciliation Conference wns held on March 26, 2002, with the following individuals in
nllendance: The Mother, Michelle L. Winters, with her counscl, Bradley 1.. Griffic, Esquirc, and the
Father, Scoll E. McClintock, with his counsel, Ruhy D. Weeks, Esqulrc.
3. This Court prcviously entered nn Order In this mallcr on January 6, 2002, aOer Conciliation,
under which the Father wns to continue to hove supervlscd visitntion ntthe YWCA pcndingthe partlcs'
participation in cDunsellngln an effort to obtain reconllllendutions concemlng reestublishment of the
relationship between the Futher and the Child und expansion of partial custody for the Futher. At the
subsequcnt Conferencc, It was delennined that the parties got ofT track In their clTorts to select a
counselor due to connicts which arose with respect to availability of u counselor and the costs.
4. It was agrced bctwcen thc Ilalilcs and counsclutthc Confercnce that an additional Order Is
not necessary at this tlmc nnd thc January (I, 2002 Ordcr Nhnll continuc in effcct. The parties agreed to
resume their effolis to Nelcct a counselor, with the ussistullce of thclr coullsel, and to follow the
reCOllllllelldalions of the counsclor with regard to the custody urrungcmcnls. Thc Conciliator agreed to
\
submit an Order at the request of either counsel following the issuwlcc of the counselor's
recommendations, reflecting the counselor's recommendations as to the custody schedule and the
parties' commitment to abide by those recommendations.
Date
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({1..~ j Jv-d,,'i
Dawn S. Sunday, Esquire C
Custody Conciliator
ec: Bradley L. Griffie, Esquire - Counsel for Mother
Ruby D. Weeks, Esquire - Counsel for Father
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MICHELLE L. WINTERS
1't.AINTIFF
IN TilE {'Oil In OF {'OMMON P\.EAS OF
l'IlMBEIU.AND {'Ot/NTY, I'ENNSY\'V ANIA
v,
95-6441 C1VI\.At'TION\.AW
SCOTI' Il, MCCLINTOCK
DEFENDANT
IN CIlSTODY
ORIlER OF ('01 IRT
AND NOW, TueldlY, Ottober 08,2001 , ullUn considcration of the attached Complaint,
it is hereby directed that parties and their respeclivc counsel appear before Dlwn S. SundlY, Elq. , the coneiliator,
at 39 Welt Mlln Street, MHhlnltlburl, I'A 17055 on Thundl)', November 07, 2001 at 10100 AM
for a Pre-Hearing Custody Conference. At such confcrcnce. an ellort will he mode to resolve the issucs in dispute; or
If Ihis cannot be accomplished, 10 define and narrow Ihe issues to he henrd by the court, and 10 cntcr into a temporary
order. All children age five or older may ulso he presenlntlhe conlerenee, Failure to appear at the confcrence may
pmvide gmonds for entry of a temporary or penllanenl order.
The court hereby dlrectlthe partlelto furnish an)' and an edstlnlll'rotettlon from Abule orderl,
SpecIal RelIef orden. and CUltody orders to the contlllltor 48 hours prior tOlcheduled hurlnll.
Fait TilE COUIlT,
By: /s/
DawItSJundtQ'. E1qir"
Custody Conciliator
'Ibe CourlofComl11on Pleas nfCumherland COUllly is rcquired hy law to comply wilh the Americans
with lJisabllltes Act of 1990. For inlllrlllation allllUlnccessihlc lucilities and reasonahle accommodations
available to disablcd individuals havinl! business he fore the court, pleose contact our office, All orrongements
must be mode at least 72 hours prior to any hearinl! or business hclhre the courl. You musl ottemlthe
scheduled conference or hearing,
YOU SIIOUU> TAKE TillS I'APElt TO YOUIl ATr<lItNEY AT ONcE. IF yOU DO NOT
HA VE AN A'I1'OItNEY OR CANNOT AFFORD ONE, (iO TO OR TELEI'II0NE TI IE OFFIl'E SET
FORTIl UELOW TO FIND OUT WIIERE YOIl CAN GET l.E<iALIIELI',
{'umhcrlllml Counly lIur Assncilltion
2 Liherty Avcnue
Corlisle, l'ennsyll"lInia 1711 I ~
Tclephonc (717) 24l).JICtCI
.
), Defendant has not participated as a party or witness, or in another
capacity. in other litigation concerning the custody of the child in this
or another Court. A copy of the most recent custody order, dated January
6. 2002 is attached as exhibit "A" and made a part hereof,
4. Defendant has no information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
5. Defendant doee not know of a person not s party to the proceedings who
has physical custody of the child or clsims to have custody or visitation
rights with respect to the child.
6. Bach parent whose parental rights to the child has not been terminated
and the person who has physical custody of the child has been named as
parties to thie action. There are no other persons who are known to have
or claim a right to custody or visitation of the child. so none will be
given notice of the pendency of this action and the right to intervene.
7, Pursuant to the Custody and Grandparents Visitation Act, the father
requests this Court to grant sn award of shared legal custody to father
and mother.
8. The father requests
a. primary physical custody of the child in that he is in a bstter
position to provids coneistent and stable care for the child and he
is the parent more liksly to assurs that ths child have a relation-
ship with both parents in that tha father believes the mother is
deliberately poisoning the child against the father and encouraging
the child's bad behavior in the supervieed viaitation setting at the
YWCA in Cal"lisle which has been on-going from January 6, 2002.
b. The mother has continually refused the father visitation with the
child and hae now unilaterally cancelled even supervised visita with
the child at the YWCA, even though Parentworks has recommended home
visits with Kace. Ses Parent works Assessment attsched herein and
made a part of hereof as exhibit "8".
COIlIIOIllIIAL'l'II 0' PIlIIIf8YLVAMIA
COUll'l'Y 0' ClllIllllLAIID
II
Pereonally appeered before me, A Notary Public in and for the Commonwealth
and County aforeeaid, the under-Bigned, being duly eworn according to law,
depoeee and eaye that the facte Bet forth in the foregoing Petition f
-, - are true and correct.
-
.
, 1
\.'.ceil {1WIJa~
Scott HcCl ntock
Sworn to and eUbe/~bed to
befo~me thie I day
of ~bI.~. , 20iJ,L.
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'"'
RECEIVED JAN 0 8 2002
MICIIELLE 1.. WINTERS,
Plaintiff
IN THE COURT OF COMMON I'LEAS OF
CUMBERLAND COUNTY, I'ENNSYLV ANIA
V6.
95-6441
CIVIL ACTION LAW
SCO'J1' E. MC CLlNTOCK,
Defendant
IN CUSTODY
onDlm OF COUnT
_ ~ ( 1~
AND NOW, this ~ day of .J a.NU.o...~ ,::zlIlIt
upon consideration of the all ached Custody Conciliation Report, II is order nd directed as follows:
I. The Mother, Michelle L. Winters, and the Father, Scoll E. McClintock, shall have shared
legal custody of Kace M. Winters, born January 19,1995. Each parenlshall have an equal rlght,to be
exercised jointly with the other parent, to make all major non-emergency decisions alTectlng the
Child's general well-being including, but not limited to, all decisions regarding his health, education
and religion. Both parties shall have equal access to all records pertaining to the Child, including
medical and school records. , "
2. The Mother shall have primary physical eustody of the Child,
3. The Father shall have a period of supervised visitation with the Child on either Saturday,
December 22, 2001 from II :00 a.m. until 2:30 p.m., or on Friday, Dccember 21, 2001 from 10:00 a.m.
until 2:30 p.m. This period of visitation shall be supervised by the Mother's sister, Sheila, the
Mother's friend, Eddie Kendall, or other individuuls selected by ugreement of the parties.
4. The Father shall contact the Curlisle Y.W.C.A. to Initiatc weekly periods of visitation. The
Mother shall cooperate with the agency's procedures to eslublish the visitation schedule as promptly as
possible.
5. The parties shall l:ontucl Sully Rooney, MSS In order to schedule an iniliul counseling
session for Kuce and to obtain recommendations conceming reestablishment of the relationship
between the Father allllthe Child leudlng to un ongoing custody schedule. The parties shall follow the
recommendations of the counselor with regard to the frequency und duration of the counseling sessions
as well us the participants therein. The purties shuli requesl that the counselor provide
reconunendallons to each party's counsel conceming ongoing custody arrangements which will best
serve the Interests of the Child. All costs of counseling shall be shared equully hy the parties.
,
....
"
Dote:
Parent Educator:
Parent's Nome:
Child's Nome:
Initial Needs Assessment
JlARENTWORKS, INC.
May 25, 2002
Melanic Fisher, L.S.W.
SeOll MeCllnlock
Case Winters
Background Information:
Scott McClintock was rcfcrred to Parcntworks, Inc. by Down Sunday, Esq., 0
mediator/conciliator involved in the custody dispute between Mr. McClintock and Michelle
Winters, the mother of Scott's son, Case Winters, ugc 7. The child resldcs with his mother who
has full custody. The current vlsllation arrangement is that Scollis permitted onc hour of
supervised visitation per week, at the YWCA. Mr. McClintock is pursuing ulternutlvcs to this
arrangement. He has owned his home for two years and has not been successful in obtaining
home visitation wllh his son. Initially, Mr. McClintock was pennilled visitation with his OWll
father present, howevcr this was successtully disputed by Ms. Winters. II is the goal of Mr.
McClintock, based upon recommcndation oflhe conciliator. DaWll Sunday, Esq., that supervised
visits be permitted in Mr. McClintock's home wllh a Parent works Parent Educator present.
This writer began working wllh Mr. MeCllntock, in his home, on May 7, 2002. Slnee the
initial visit there have becn four subsequenl visits by this wrltcr, cach lasting approximately onc-
hour In duration. The purpose thus for has been to collect Information in order to thoroughly
a&SCss the father's ability to visit with the ehlld In his home such that the best interests and safety
of the child is assured.
Observations:
Seott McClintock is 0 30-ycar-old white malc who is currently unemployed. He resides
with his par1ner, Sharon Deihl, age 30, their 2-month-old son and Sharon's four children from
separate relationships. Mr. McClintock has been in a stable relationship with his partner for two
years. They reside in 0 6-bedroom home that Is oWlled by Mr. MeCllntock. He is eurrently
recciving public assistancc and unemployment und Sharon reccivcs public asslstunce and child
support.
The eouple dcmonstrutcs healthy communication skills und mutual respect wllhln the
partnership. I)arentlng skills have been observed Informully within the conlext of dolly life and
they appear Ntuble and mature, pUlling the bestlntcrests of the chlldrcn first routinely without
question. Both Mr. MeCllntock and Ms. Deihl ore ultentive and gentle with the infant as well as
the other children presen\. The children orc earcd for throughout cuch visit, in terms of fecdlng,
safety, and altention to satcty. Diselpllne skills are prcsent and thcre Is no cvidencc of any
physical or emollonullhrcats or acts. Al\cnllonto and conccrn tbr the children's' sehool
participation, homework, and household chorcs UTC altcnded to by both Mr. McClintock and Ms.
Deihl. The children are consistently clean, dressed appropriately for the weather, healthy,
playful and apparently contented. There Is frcqucnt posltivc interacllon between parents and
children, The family frequently engages in oUlings und aCllvltles tlwtlnclude everyone. Neither
parent consumes alcohol socially, rccreatlonully or othcrwlse. Therc orc pictures of family
members throughout thc home.
The home is spacious with 6 bedrooms. u large living area, lurgc kitchen and II roomy
playroom for the chlldrcn. There is II large fcnced-ill yard with recreation equipment lor the
ehlldren Including IItrumpollnc and swing-set.
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MICRlLLI L. "INTI.S,
Plaintiff
v..
IN Tal COURT 0' COIIIION PLIAS 0'
CUICIIlaLANll COllJlTY, PlDlNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
SCOTT I. MCCLINTOCK,
Ddendant
.,5-U41
CIVIL TaRIC
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I,Scott E. McClintock the defendant in the above matter and because
of my financial condition are unable to pay the fees and costa of proseeuting,
defending, or appealing the action or proceeding.
2. I, Scott E. McClintock am unable to obtain funds from anyone,
including my family and associates, to pay the costs of litigation.
3. I, Scott E. McClintock represent that the information below relating
to my inability
a)
b)
c)
d)
to pay the fees and costs is true and correct.
Name :;,~ tf MC((",!t,C k I I I /
Address. LjfOO Sf"'" I?ouf Snef'llvtrtfIWff'
Social Security Number. 11fS'-(O -C{i;}S'O
If you ars presently employed, state
Employer. .~
Address IV rr
Salary/wages per month.
Type of work. _ ~
If you are presently unemployed, ~atp GJ f I'
Date of last employmen'i .Jil 7{O ~.().Y-Otl,
Salary/wages per m'lnthlt 1301 .
Type of work, w<<tl't.ho.u.f
Other incoms within the past twelve months
Business/profession. 0
Other self -employment, D
Interest, 0
Di vidends.O
Pension and annuities.D
Social Security b~efits,O
Support payments,O
Disability payments,C)
UnemPIOymen!co~ensati9~ and supplemental
benefits, ~ d If "".a I~III
Worker's Com snsatioll. 0 f
Public Assistancs, c?
Othsr, 0
contributions to houl'ehold JluPllort
W!fe/llusband Name, SII"UI\ Ut.,,,,
If wife/husband is employed, state
Employer, N"
Address, n J ,
Salary/wages per month.ll' 3 00 llIo~t"
Other
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MICHELLE 1.. WINTERS,
PlaintilT
IN TIm COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
vs.
1)5-6441
CIVIL ACTION LAW
SCOTT E, MC CLlNTOCK,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of \\J ,,\.J t' ....ld , 2002,
upon consideration of the allachcd Custody Conciliution Report, it is ordcred and directed as follows:
I. The prior Order of this Court dated January 6,2002 Is vucatcd und replaccd with this Order.
2. Thc Mother, Michcllc 1.. Winters, and thc Father, Scoll E. McClintock, shall have shared
legal custody of Kace M. Winters, born January 19, 1995. Each parent shall have an cquul right, to bc
exercised jointly with the other parent, to make all major non-emergency decisions alTecting the
Child's gcneral well-being including, but notlill1ited to, all decisions regarding his heulth, education
und religion. Pursuant to the ternlS of this paragraph each parent shall be entitled to all records and
infomlation pertaining to the Child including, but not Iimitcd to, school and medical records and
Infomlatlon,
3. The MOlhcr shall have primary physical custody of the Child.
4. The parties shall cngagc Georgi Anderson to provide counseling for Kace to address thc
Child's needs und interests with regard to conllicts which have arisen in the Fathcr-Son rclationship, to
provide family counseling to re-cstoblish thc FlIlher-Son relationship and to obtuin profcssional
reconulIendations regarding the resumption and expansion of conlacl bctween the Fathcr und Child, as
appropriatc, The parties shall follow thc reconllllendations of thc counsclor wilh regard to thc
frequcncy and duration of the counseling scssions as well us thc pUliicipation of each family membcr
and any third parties deemed neccssary by thc counselor. The Mother shall initially pay lhe costs of
counseling hut reserves the right to pelition the Court to obloin reimbursement Irom the Falher for a
portion of the counseling expenscs. Within 7 days of the dule ofthc Cuslody Concilialion Conference,
each party shall contact Gcorgi Anderson 10 schedule the Initial sessions.
5. After completion of the initial counseling sessions with euch party IInd the Child, the Fulhcr
shull initiate supervised home visits through Parent Works, Inc, The purties shull cooperate in
scheduling visits under this provision to uvoid conllicls with the Child's rcgularly scheduled activitics
and the Mother's class schedule. The MOlhcr shull provide Irunsportulion for thc Child 10alllllrOlllthe
Father's rcsidencc for the visits, The "urlics shull sign all necessury uUlhorizutions 10 ensurc ami
'.
MICHELLE L. WINTERS,
PlolntilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
95-6441
CIVIL ACTION LAW
SCOTT E. Me CLlNTOCK,
Defendont
IN CUSTODY
PRIOR JUDGE: J. Wesley Olcr, Jr.
CUSTOpy CONCIUAl'ION SUMMARV REPORT
IN ACCORDANCE WITU CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submitsthc following report:
I. The pertinent infonnotion concerning thc Child who is thc subjcct of this litigation is as
follows:
N~M~
DATE OF BIRTlI
CURRENTLY IN CUSTODY OF
Kace M. Winters
January 19, 1995
Mother
2. A Conciliation Conference wus held on Novcmber 7, 2002, with tltc following individuals in
allendancc: Thc Mothcr, Mlchellc 1.. Winters, with her counsel, Bradley L. Griffie, Esquire, and the
Father, Scoll E. McClintock, with his counsel, Ruby D. Weeks, Esquire.
3. The parties agrced to enlry of un Order in the fonn us ullached.
IU,lu..""'&-'1
7, .) (l(l..J..
.( -aLL.A..... J"'''r (~,-,
Dawn S. Sunday, Esquire I
Custody Conciliator
Datc
M1CIlELLIl L, WINTliRS
PLAINTIFF
IN TilE COllin OF COMMON (,LEAS OF
('UMBEIU,AND COIlNTY. I'HNNSYLV ANIA
V.
95-6441 ('IVIL ACTION LAW
scon E, MCCI.lNTOCK
UEFENUANT
IN CI ISTODY
!llillt:R OF ('m IR'!'
AND NOW, FrldlY, April 11, 2003 . UpOI1 considcrution 111' thc uUuchcd Complalnl.
it is bcreby direclcd Ihal partics und Ihcir rcspecliw counsclllppcur hclhrc \llwn S. S_ul!dlr!_Elq. , thc conciliator,
al 39 Welt Mlln Street, MHhlnlnburll, PA 170SS on Thundl)', MIY tS, 2003 ul 10130 AM
for a Pre-lIcarinll Custody Conlercncc. Al such cunfcrcl1cc. IIn eftilrt will hc Illudc 111 rcsolvc Ihe issucs in disputc; or
jfthls cannot be accomplished. 10 dcfine ul1d namlW Ihc issncs 10 he hcard hy thc cl1url, und to enler into 0 temporary
ordcr. All children aile five or older Illay also he Ilrcsenl allhe eonlercl1cc, Failure to ullIlcar atthc confcrenec may
provide grounds for cntry of n tcmllUrary or pcnnanenl urdcr,
The eourt hereby dlrectl the partluto furnbh an)' and all nlstlnlll'roteetlon from Abuse orden,
Special Relief orders, Ind CUltod~' orders to the tonelll.lor 48 hOllrs Ilrlor tOlcbeduled hearlnll.
FOR TilE COURT,
lIy: I.,
Dawn.S.JJmdJIy.bq.
('uslmly ('ol1ciliutor
t
111C Court ofColllmonl'lclls ofCulllherllllll1 ('ounty Is rcquired hy law 10 cllInply with Ihc
Amcrieuns with Disahilitcs Aclof I'J911. Fur infunnutilln uhoUlllccessihle facilitics and rcasonahle
nccommodalillns available 10 disabled individuals having husiness belilrc thc CIlUrl. pleasc contact our ollicc,
AllalTanllemenls Illust be Illade utleasl 72 hours \lrior 10llny hcarinll or busincss betorc Ihc court. YOUlllust
auend Ihc schedulcd confcrcncc or hcarinll,
YOIl SIIOUL\) TAKE TillS I'AI'I~R TO Yo\llt A"ITORNEY AT ONCE, IF YOU DO NOT
IIA VI! AN A'ITORNEY olt CANNOT AFFORD ONIi, liOIO OR TELEI'1I0NE Till! OFl'ICE SET
FORTlI BELOW TO FIND OUT WIIEltE YOU ('AN liEIIH iAL 1I1i1.l',
('ulllbL'rllIlllll'ounty 11111' Assoc!lItion
.12 Sllulh IIcdlillLl Strcet
Cllrlisle, l'ennsyll'lInia 17111.1
Telcllhone (717) 241)..11 fill
MICHELLE L. WINTERS,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
SCOTT E. MCCLINTOCK
Defendant
"95+441
CIVIL TERM
NOTICI TO DIFIND
You have been sued in court, If you wish to defend against the
claims set forth in the following pages, you must take action within twenty
(20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court
your defenses or objections to claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKI THIS PAPIR TO YOUR LAWYIR AT ONCI. IF YOU DO NOT
HAVI A LAWYIR OR CANNOT AFFORD OKl, GO TO OR TSLIPHONI THI OFFICI SIT FORTH
.SLOW TO FIND OUT WHIRl YOU CAN GIT LIGAL HILP.
cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Ruby D, Weeks
Attorney for Plaintiff
MICNILLI L. MINTIRS.
Plaintiff
IN TNB COURT or COMMON PLIAS or
CUMBBRLAND COUNTY. PINNSYLVANIA
ve.
CIVIL ACTION - LAM
IN CUSTODY
SCOTT I. MCCLINTOCK.
Defendant
1195"41
CIVIL TERM
COMPLAINT rOR JOINT AND SHARID CUSTODY
TO TNI NONORABLI. TNI JUDOBS or SAID COURT,
1. The Plaintiff is, Michelle L. Winters, hereafter referred to as the
natural mother, residing at 622 Woodland Avenue, Mt. Holly Springs,
cumberland County, Pennsylvania 17065
2. The Defendant is Scott E. Mcclintock, hereafter referred to as the natural
father, residing at 4800 Spring Road, Shermansdale, Perry County,
Pennsylvania 17090.
3. Plaintiff seeks shared legal custody of the following child.
a.
~
Present Residence
l1!l!:.
Kace Winters
622 Woodland Avenue 7
Mt, Holly Springs, PA
b. The child was born on January 19, 1995.
c. The child is presently in the custody of the nstural mother, who
resides 622 Woodland Avenue, Mt. Holly springs, Cumberland County,
pennsylvania 17065
d. The child hss resided with the following persons and at the
following addresses for the past 16 months.
Persons
Addt'ess
illl.lll!
Michelle winters 622 Woodland Avenue
Mt. Holly springs, PA
3, Defendant has not part icipated as a party or wi tness, or in another
capacity, in other litigation concel'lling the custody of the chilrl in this
or another Court. A copy of the most recent custody order, dated January
6, 2002 is attached as exhibit "A" and made a p81't hereof.
4. Defendant has no information cf a custody proceeding concerning the chi ld
pending in a Court of this Commonwealth.
5. Defendant does not know of a person not a party to the proceedings who
has physical custody of the child or claims to have custody or visitation
rights wi th respect to the child,
6. Each parent whose parental rights to the child has not been terminated
and the person who has physical custody of the child has been named as
parties to this action. There are no other persons who are known to have
or claim a right to custody or visitation of the child, so none will be
given notice of the pendency of thie action and the right to intervene.
7. Pursuant to the Custody and Grandparents Visitation Act, the father
requests this Court to grant an award of shared legal custody to father
and mother.
O. The father requests
a. primary physical custody of the child in that he is in a better
position to provide consistent and stable care for the child and he
is the parent more likely to assure that the child have a relation-
ship with both parents in that the father bel ieves the mother is
dsliberately poieoning the child against the father.
b. The mother has continually refused the father visitation with the
child.
c. That a hearing be scheduled without a custody conciliation
conference since there have been three prior conferencss since
December 20, 2001 which have not resolved the problem.
9. The best interests and permanent welfsre of the child and his physical,
sph-i tual, emot ionsl and moral well-being will be served by granting the
reltef requested of legal and physical custody with the father.
lIIllRlrOlll, Defendsnt father pl'ays for an Order awarding shared legal
custody of the minor child, Kact! Winters, born January 19, 1995, to the Defendant
Father and Plaintiff mother and with primary physical custody awarded to the
father and partial physical cuatody awarded to Plaintiff mother aa this Court
determines is in the best interests of the child, that a hearing be acheduled
without the need for a custody conciliation conference since there have been
three prior conferences since December 20, 2002.
Respectfully submitted,
Date I 8 ~.).l/. "0 '3
~ C-~.
''l.PA..h",,:V_-:;' \. ~~
Ruby D. Wl!eks, Esquire
Attorney for Plaintiff
10 West High Street
Carlisle, Pennsylvania 17013
(717) 243-1294
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MICHELLE L. WINTERS,
Plainti IT
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
95-6441
CIVIL ACTION LAW
SCOTT E. MC CLlNTOCK,
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr.
CUSTOpy CONCI,.IATION SUMMARY Rf:PORT
IN ACCORDANCE WITII CUMBERI.AND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigllcd Custody Conciliator submits the following report:
I. The pertinent infonllation conccrning the Child who is the subjeet of this litigation is as
follows:
MMI
DATE OF BIRTII
CURRENTJ.Y IN CUSTODY OF
Kace M. Winters
January 19, 1995
Mothcr
2. A Conciliation Confcrencc was held on May 15, 2003, with thc following individuals in
allendance: The Mothcr, Michelle 1.. Winters, with her counscl, Bradley 1.. Griffie, Esquire, and the
Father, Seoll E. McClintock, with his counsel, Ruby D. Weeks, Esquire,
3. The submission of this report und Order has been withheld pending ongoing elTorts to
reinstate the serviccs of Parent Works, Inc in facilitating the transition froll1 supcrvised visitation to
partial custody for thc Father. As Parent Works has agreed to continue providing services to this
family, the conciliator recoll1mends an Order Inlhe foml as aUached,
~ .1, .Jo03
Date '
12 -_~ ~~
Down S. Sunday, Esquire
Custody Conciliator
. '
HAY 1 2 2003 '"
.'
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.6676 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
JACK A. HOKE,
v.
MICHELLE L. SHEIBLEY,
Defendant
! .
OLER, J. --
~
AND NOW, this ~ day of May, 2003, upon consideration of the attached
Custody Conciliation Summary Report, It Is hereby ordered and directed as follows:
1. The parties shall submit themselves and their minor children to an updated
Independent custody evaluation to be performed by Arnold T. Shlenvold, Ph.D. The parties
shall sign all necessary releases and authorizations for the evaluator to obtain medical and
psychological Information pertaining to the parties. Additionally, the parties shall extend
their full cooperation In completing this evaluation In a timely fashion and In the scheduling
of appointments.
2. The parties will resume therapeutic services with Dr. Shlenvold as further
described In the first paragraph of this Court's Order of February 1B, 1999. Calls to Initiate
Dr. Shlenvold's services shall be made by close of business on Monday, May 6, 2003.
3. A hearing for Father's Petition for Contempt is scheduled In Courtroom
Number -'--- of the Cumberland County Courthouse, on the t, ~ day of
(j;L~ 2003-, at !l.l 3D o'clock ..ll:.M., at which time testimony will be
taken. For t~e purposes of the hearing, the Father, Jack A, Hoke, shall be deemed to be
the moving party and shall proceed Initially wllh testimony, Counsel for the parties or the
parties pro se shall file with the Court and opposing counsel/party a memorandum setting
forth each party's position on custody, a list of witnesses who are expected to testify at the
hearing, and a summary of the anticipated testimony of each witness, These memoranda
shall be flied et least ten days prior to the hearing date.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6676 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
JACK A. HOKE,
v.
MICHELLE L. SHEIBLEY,
Defendant
CUSTODY CONCILIATIOt!.!Y.MMARY R~
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent Informalion concerning the children who are the subject of this
litigation Is as follows:
~
~
CU
Lyndsal Hoke
Kartea Hoke
Abby Hoke
December 23, 1989
November 25, 1992
February 3, 1994
Mother and Falher
Mother and Father
Mother and Father
2. A Custody Conciliation Conference was held on May 2, 2003. Present for the
conference were the Father, Jack A. Hoke, and his counsel, Karen L. Semmelman, Esquire;
the Mother, Michelle L. Shelbley, and her counsel, Samuel L. Andes, Esquire. Pending
before the Court are: Father's Petition to Modify the Custody Order filed on March 14, 2003,
Father's Petition for Contempt and Mother's Petition to Modify filed on April 4, 2003.
3, Father's Dosltion: Father has filed a Pelition for Contempt because Mother
has refused to continue the therapy ordered In the February 18, 1999 Custody Order. His
counsel reports that Dr. Shlenvold had thought that the parties were able to make some
progress with the services that he had been providing In several roles over the years.
Father also reports that after he contacted Dr. Shlenvold's office In December 2002 seeking
to schedule another appointment, he was informed that Mother refused to schedule
additional sessions. Additionally, Father is concerned because his most recent therapy
appointment with his daughter was cancelled without his knowledge. Father reports that the
oldast child Is making comments that lead him to believe that she has specific knowledge of
the content of the Pelltions presentiy pending before the Court, Father suggests that the
physical Custody Order be modified to reflect the modifications to the schedule that the
parties have negotiated In their sessions with Dr, Shlenvold and to minimize the amount of
contact between the parents that occurs at custodial exchanges. Father's proposal Is to
halle the summer schedule to be modified to 0 week on - week off schedule with custodial
exchanges to take place on Friday's at noon and that the school year schedule be modified
...
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NO. 95-6676 CIVIL TERM
to allow the children to take the school bus to his home rather than have both parents
present for the custodial exchanges, In addition to returning to services with Dr. Shlenvold,
Father Inquires of Mother whether she would be willing to participate In e series of parenting
classes with him.
4. Mother's oosltlon: Mother is seeking modification of the Order because of her
allegations that the Father has a drug and/or alcohol dependency, that Father Is verbally
and physically abusive to the children, that Father's unstable personal lifestyle causes
confusion for the children and that the children want to have less time In Father's custody.
Mother claims that the mediation/therapy appointments with Dr. Shlenvold have not been
helpful and have not worked for years. She reports that the middle child has "bellyaches"
prior to her visits with Father and that this child contacts Mother during custodial time with
Father. By Mother's report, the relationship between Father and the oldest child Is
extremely strained. The oldest child is presently in therapy with Bonnie Howard and on
occasion participates In counseling with Father.
5, The parties have agreed to participate in an updated Custody Evaluation with
Dr. Shlenvold and are required to follow the terms of the Order of February 18, 1999 which
requires them to participate in therapeutic counseling with Dr. Shlenvold around parenting
Issues. Hearings are needed on the following issues:
A. The parties' cross-Petitions for Modification of the Custody
Order, In light of the updated Custody Evaluation in which the parties Intend to
participate, and counsels' schedule, it is likely that this may not occur before
September. 2003.
B. The Father's Petition for Contempt and request for counsel fees.
6, For purposes of scheduling, the Conciliator provides the follOWing Information:
Counsel for the Plaintiff Is not available for hearing unlil the week of July 7,2003 and Is also
not available the weeks of August 25, 2003 or September 1, 2003. Counsel for the
Defendant Is not available the weeks of July 20, 2003 through August 1, 2003. The Plaintiff
Is not available the week of August 17, 2003 through August 24, 2003. The Defendant Is
scheduled for surgery the last week of May and Is anticipated to be recuperating throughout
the month of June.
7. Issues uoon which the oarties arueed: There is difficulty in the relationship
between Father and at least one of the children, The parties will participate In an updated
Custody Evaluation. Father's representalion that he had contacted Dr, Shlenvold's office In
MICHELLE 1.. WINTERS,
PlaintilT
IN Tim COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
vs,
95-6441
CIVIL ACTION LA W
SCOTT E. MC CLlNTOCK,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 2.l...L day of ~ ' 2003,
upon consideration of the olloched Custody Conciliution Report, it is ordered and dirccted as follows:
I. All prior custody Orders arc vacated and repluced with this Order.
2. The Mother, Michelle 1.. Winters, and the Father, Scoll E. McClintock, shall have shared
legal custody of Kace M. Winters, bom January 19, 1995. Euch parent shall have un equal right, to be
exerelsed jointly with the other parent, to make ull major non-cmergency decisions alTecting the
Child's general well-being including, but not limited to, all decisions regarding his heallh, education
and religion. Pursuant to the tenlls of this parugruph each parent shall be entitled to all records and
Infonnallon pertaining to the Child including, but not Iimitcd to, school and ll1edlcal records and
Infonnatlon.
3. The Mother shall have primary physical custody of the Child.
4. Beginning on July 31, 2003 the Falber shall have custody of the Child every Thursday
evening from 5:30 pm until 7:30 pm, for which the Mother shull provide transportation to and from the
Father's residence, The parties acknowledge that it is their intention to cooperate in expanding the
Father's periods of custody with the Child to the extent recolllmended by the Child's counselor, Georgi
Anderson, to serve the Child's hest interests.
5. Thc parties shull continue to cnguge Georgi Anderson to provide counscling for the Child, to
monitor re-cstabllshment of the Father-Son relationship and to provide professional written
recommendations on a ongoing basis rcgarding expansion of conlacl between the Father and Ihc Child
as appropriate, The parties shall participate in the counseling to thc extent directed by thc counsclor.
Thc Mother shallmakc arrangcments for counscling sessions on days following periods of custody
with thc Father. The Mother shall be responsible to pay the costs of the counseling unless otherwisc
agrced hetween the parties. The Father shull be responsible to pay the costs of his sessions with the
counselor.
6. The parties shall implement the counselor's written recol11mendations within two weeks of
thc datc of the recolllmendatlons unless olherwlse agreed between the (lartics or liS lllodil1ed through
the legulllroccss,
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7. In the event either party objects to the recommendations of the counselor, counsel for that
party may contact the conciliator to schedule an additional conciliation conference to address the issue.
Pending the eonference, the parties shaH foHow the eounselor's recommendations,
8. The Mother shall provide the Father with infomlation eoncemlngthe Child's activities,
including the Child's racing schedule, upon receipt.
9. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion ofthe Child as to the other parent, or hamper the free and natural development oflhe
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual eonsent. In the absence of
mutual consent, the tenns of this Order shaH contro\.
BY THE COURT,
J.
ce: -1rad1ey L. Griffie, Esquire - Counsel for Mother
.,.~uby D. Weeks, Esquire - Counsel for Father "
MICHELLE 1.. WINTERS,
PlaintilT
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
95-6441
CIVil. ACTION LAW
SCOTT E, MC CLlNTOCK,
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr.
CUSl'ODY CONClI.IA'I'ION S\JI\II\IAlW Rt:rORT
IN ACCORDANn: WI1'1I ('UMBt:RI.ANU C:OUN'I'Y RUI.E OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custmly Conciliutor slIbmitslhe following report:
I. The pertinent infonnlllion cunccmlnlllhe Child who is the subject of this litigation is as
follows:
NAME
DATI<: (W BIR"'II
CURlU:Nl'I.Y IN CUSTODY OF
Kace M. Winters
January 19, 11)1)5
Mother
2, A Conciliation Confercncc wus held on July Ill, 2()03, with the following individuals In
aUendance: The Mother, Michelle L, Winters, with her counsel, Bradley L. Griffie, Esquire, and the
Falher, Scotl E. McClintock, with his counsel, Ituhy D, Weeks, Esquire.
3, The partlcs agrecd to entry of un Order in the limn us utluchcd.
Dote
_~_L7j..JDDJ..
-~t:!:J
Dawn S. Sunday, Esquir
Custody Conciliator