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HomeMy WebLinkAbout96-00444 ~ L. <.. ~ . .n "7 -J L. ~ I- t ~ J -::r '7' "::t: .' )- ~. : .' ~/ i! .' .~i. ,,;. :,; ,,:.,i \~ " ~~ II ~~~ I ih~~ 19 ~~ "' '" ;; c. J M l!l .... .., -g ~ . ~::: .... ~ .r< I 5 I' ." < .., '(,Ill,- 5'" I'~ . , fij II ., . g! . ... ~ ~~ tlS r~ 101. iii t " " ~ I~~ ~ ll' M -a ~ 0,. J! Q:: ~ - ::... 11 . !aj;ld,..._ ~I~" u . ... ! I") S i . . . , . .' . . i I i , I EDWARD C. TERREL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 96-444 CIVIL TERM CARLA J. TERREL, Defendant . . : CIVIL ACTION - LAW : IN CUSTODY aIDER OF CXXlRT AND Nai, this /(,. . day of upon consideration of the attached Custody ordered and directed as follows: fIJ~ , 1997, Conciliation Report, it is 1. The prior Orders of this Court dated Septenber 17, 1996 and Decenber 18, 1996 are vacated and replaced with this Order. 2. The parties shall submit themselves and the Children to a custody evaluation to be performed by Stanley Schneider, PhD, who was selected by agreement of the parties and counsel. The Father shall be responsible for the costs of the evaluation. 3. The Father, Edward C. Terrel, and the Mother, Carla J. Terrel, shall have shared legal custody of John E. Terrel, born May 30, 1986, and Elizabeth C. Terrel, born July 5, 1988. 4. Pending further Order of this Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have visitation with the Children at the Mother's residence and with the Mother present for four hours on alternating Saturdays. For a portion of this four hour period, the Father may take the Children to the school playground across the street fran the Mother's residence or to the play area in the Mother's apartment canplex wi th the Mother present. 5. If the Mother consents and is present, the Father may have additional periods of visitation with the Children as arranged by mutual agreement of the parties. 6. The Father shall have an additional period of visitation with the Children on Christmas Eve fran 5:00 p.m. until 9:00 p.m. at the Mother's residence with the Mother present. 7. The Father shall be entitled to contact the Children by telephone every Wednesday evening at 7:00 p.m. and the Mother shall cooperate in making the Children available for this scheduled telephone call. The Father may also contact the Children by telephone at other reasonable times as the Children are available. The Mother may be present in the room with the Children but shall not directly monitor the Father's telephone calls on the line. 8. The Father shall complete an approved sexual offenders program as recommended by the Cumberland County Children and Youth Services. The Father's voluntary participation in such a program shall not be construed as an admission of any allegations. cc: Jordan D. CUnningham, Esquire-for Father Jan Terpening/Joan Carey, Esquire-for Mother J. 9. Upon the conclusion of the custody evaluation and in the event that the parties are not able at that time to establish custody arrangements by agreement, either party may petition the Court to have this case again scheduled with tho Custody Conciliator for a Conference. C.<~_rro<C....C!..'<' 1t/17/'l?, ,...!l.1'. ..... EDWARD C. TERREL, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 96-444 CIVIL TERM . . CARLA J. TERREL, Defendant : CIVIL ACTION - LAW : IN CUS'roDY PRIm JUDGE: Kevin A. IIeBs CUSTODY aH:ILIATION 5U'IlARY REPCRT IN ACCDUlANCE WITII cnmERLAND CXUlTY RULE OF CIVIL PIl() '","JRE 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Dl\TE OF BIRTH CURRPBl'LY IN CUSTODY OF Elizabeth C. Terrel John E. Terrel July 5, 1988 May 30, 1986 Defendant/Mother Defendant/Mother 2. As stated in prior Reports, this case involves a very difficult family situation including serious issues/allegations which the parties have been addressing in counseling for the Children and themselves. In order to resolve the custody dispute, the Father has attended a seventy week sexual offenders program (allegations denied) through Holy Spirit Hospital. Recently, Children and Youth Services have become involved in this matter in connection with the Mother's obligation to supervise visitation, which has further complicated resolution of this case. The parties are scheduled to begin a custody evaluation in December through the office of Stanley Schneider, PhD. Several Conciliation Conferences have been held over the last two years (without the necessity of a Hearing to date) with the most recent Conference having been held on April 22, 1997. The following individuals attended that Conference: The Father, Edward C. Terrel, with his counsel, Jordan D. CUnningham, Esquire, and the Mother, Carla J. Terrel, with her representative, Jan Terpening. 3. At the April 22, 1997 Conference, the parties agreed to participate in a custody evaluation, although the issue as to whether the Father would be able to pay the expenses of the evaluation was left open for determination. It was also agreed that the existing order will remain in effect without overnight periodS of custody with the Father for the parties' son during the school year except upon the recommendation of the evaluator. Additional changes to the existing order which are reflected in the attached proposed order resulted from a telephone conference with counsel for both parties on September 25, 1997. 4. The COnciliator recommends an order in the form as attached. ~hnf ..dJ,M1r/~'r wn S. Sunday, Esqu re CUstody Conciliator IVov&nbu 10 199 7 DATE . ~"r." r-"~'- rll 'l..~'.rl ....._ l' ,~-',...' ....'1", ';"--:':"T" ""( I '. " ~. . ," ..., ",,' ,.., qll~~\! t 1 /,1I G: L S CUi ";":'1 " . ,,':: I"rrv V:Ioo<_ .i..4" 'w'- .......'1 PEt',i'SI~'/A": A ~ il;~ ~ ! ~ i I -~ ~ ~ ! , ... , t ~ I~ , ~ ~ ~ ~~ II ". ,^ " ~ o!l _:!I ... 11 ~ ~!; tp, ~..: !It. 'II ,_ . ..1 . I .:l !o" ~i"l'" = ....b _ .0 II ~ .c ,2 ,5 ::; c ;3 "'~ la.PllJu~.!: .., , . '. .. UHii. t'J ~ ~ ~ EIMARD C. TERREL, . IN THE COURT OF CXlMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 96-444 CIVIL TERM : CiUlLA J. TERREL, . CIVIL ACTION - LAW . Defendant : IN CUSTODY OODBIt OFaxm AND lOi, this /". day of :!Xu. W , 1996, upon consideration of the attached CUstody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order dated SepteniJer 17, 1996 shall remain in effect in conjunction with the additional provisions set forth in this Order. 2. The Father shall have one overnight period of Custody per month with the parties' son, John, which shall take place at the following dates and times: From Friday, DeceniJer 27, 1996 at 5:00 p.m. until Saturday, Decenber 28, 1996 at 12:00 noon, when the Father shall return the Chil~ to the Mother's residence and then begin the period of visitation with both Children in accordance with the regular schedule. Fran Saturday, January 18, 1997 at 1:00 p.m. until Sunday, January 19, 1997 at 1:00 p.m.. Fran Saturday, February 15, 1997 at 1:00 p.m. until Sunday, February 16, 1997 at 1:00 p.m. Fran Saturday, March 15, 1997 at 1:00 p.m. until Sunday, March 16, 1997 at 1:00 p.m. 3. The Father shall have an additional period of visitation with the Children on Chrisbnas Eve from 5:00 p.m. until 9:00 p.m. at the Mother's residence. 4. If any problema or disputes arise between the parties concerning overnight custody, the parties shall address those issues with the parties' counselor, Steve Holland and also involve the parties' legal counsel if necessary. The parties agree to be bound by the reconmendations of the counselor for resolution. ... 5. The parties and their counsel shall meet with the CUstody Conciliator, Dawn S. Sunday, Esquire for a Conferen.:e to be held on March 16, 1997 at 9:00 a.m. 6. 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 agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE CXXJRT, ,/IlL cc: Jordan D. CUMingham, Esquire for pla tiff/Father Jan Terpenning and Joan Carey, Esquire for Defendant/Mother ect:.~.("Y><~'O'J... 1~/''1lq(.. .>1> ii' . , . , I, Elizabeth C. Terrel John E. Terrel July 5, 1988 May 30, 1986 Defendant/Mother Defendant/Mother ... EOOARD C. TERREL, . IN THE COURT OF CXX1MON PLEAS OF . Plaintiff . CUMBERLAND CXXJNTl{, PENNSYLVANIA . . . vs. . t-.'O. 96-444 CIVIL TERM . . . CARLA J. TERREL, : CIVIL ACTION - LAW Defendant . IN CUSTODY . PRIm JUDGB: Kevin A. Hess QJS'lOOY cxu:ILIATION &J9IARY REPatT IN ACXnUlANC8 wrm CDlBBRLAND CXllBl'Y RULE OF CIVIL PR(lo ."" 'IJRB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. 'Dle pertinent information concerning the Olildren who are the subjects of this litigation is as follows: NAME BIRI.'IIDATB CIlRRFBl'Ly Dl QJS'lOOY OF 2. A fourth Conciliation Conference was held in this matter on Decentler 11, 1996, with the fOllowing individuals in attendance: the Father, Edwartl C. Terrel, with his counsel, Jordan D. CUMingham, Esquire, and the Mother, Carla J. Terrel, with her representative, Jan TerpeMing, Paralegal. 3. 'Dle parties agreed to entry of an Order in the form as attached. /1,~<t.~do,~ ~/s. sunday~t;d CUstody Conciliator ia- / Id-/q.~ . . Date ;I~I ~ i'~l w~ i~E~ .... ~ ~; .Ii. ~!: .... . u ~ '... ~ t/tel~~ ~ i~!~ i'~ . Ill, 11 ,5 , ~ i~ ~I i-iL . ' ~ f.D .!!l !l Ill, I ~ ~ ~ !l ~ .c ,. ; == ~ a ,- f<:l, 0'.-6 d~i . !;l . ,,'" ~ u . . ... ! .., i -- III . # ... . EDWARD C. TERREL, Plaintiff : IN THE COURT OF cctolMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-444 CIVIL TERM CARLA J. TERREL, Defendant : CIVIL ACTION - LAW : PARTIAL CUSTODY OOOBR OF CXlURT AND tDf, this ct. upon consideration of the attached ordered and directed as follows: day of !'J'J19!tClt , 1996, Custody Conciliation Report, it is 1. The Mother, Carla J. Terrel, and the Father, Edward C. Terrel, shall have shared legal custody of Elizabeth C. Terrel, born July 5, 19B8 and John E. Terrel, born May 30, 1986. 2. The Mother shall have primary physical custody of the Children. 3. The parties shall submit themselves and the Children including Chad M. Husted, age 16, to a program of counseling/therapy by a prOfessional counselor to be selected by the parties and counsel within ten days of the date of the Conciliation Conference. If the parties are unable to select a counselor by mutual agreement, the parties through counsel, may contact the Custody Conciliator for a telephone conference. The purpose of the counseling is to reestablish a relationship of trust between the Father and the Children in the aftermath of abuse allegations and to obtain a professional evaluation of the desirability of expanding the visitation schedule to include periods of partial physical custody. The cost of the counseling shall be apportioned between the parties with the Father paying seventy percent and the Mother paying thirty percent of the counseling expenses not reimbursed by the parties' medical insurance. 4. The Father shall complete an approved sexual offenders program as suggested by the Cumberland County Children and Youth Services. The Father's voluntary participation in such a program shall not be construed as an admission of any allegations of abuse. 5. The Father shall have supervised visitation with the Children at the Mother's residence on alternating Saturdays as follows: A. March 9, 1996 - Two and a half hours with a third party present in the room for the entire period. 8. March 23, 1996 - Two and a half hours with a third party present for the first one hour and fifteen minutes of the period. C. April 6, 1996 - Three hours with a third party present in the room for the first one hour of the period. D. April 20, 1996 - Three hours with a third party present in the room for the first one-half hour of the period. -- ~ . . .' ~- ,~.;-: I:.!J( ~,2 . ,""'..' C": r/ ,'-'. .f:, I_~ <\J ~ , ~- ." .- f..j: ::} I r /_'.1:S . ,~'~ ~.' ,~~:I " ':": '" .~ ,.' ,:;:J ,- " :::-:)' . .; < , E. May 4, 1996 - Three hours with no third party present in the room during the entire period. F. May 18, 1996 - Three and a half hours with no third party present in the room during the entire period. G. June 1, 1996 and thereafter - Four hours with no third party present in the room during the entire period. 6. The parties and their counsel shall meet with the Custody Conciliator, Dawn S. Sunday, Esquire, for a second Conference to be held three months after the date of the parties' first counseling session. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. BY THE COURT, cc: Jordan D. Cunningham, Esquire Joan Carey, Esquire and Sonya M. J. J--l1k II'U'...AI -1/$",416 Paralegal ' " . '. EDWARD C. TERREL, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-444 CIVIL TERM CARLA J. TERREL, Defendant CIVIL ACTION - LAW PARTIAL CUSTODY aJSTOOl( CCfiCILIATIaf SlJoIMARl( REPORT IN AcxnulANCE wrm cnmERLAND CXUflY RULE OF CIVIL ~ 1915.3-B, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF John E. Terrel Elizabeth C. Terrel Chad M. Husted (step-son) May July 30, 19B6 5, 1988 age 16 Defendant/Mother Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held on February 27, 1996, with the following individuals in attendance: The Father, Edward C. Terrel, with his counsel, Jordan D. Cunningham, Esquire, and the Mother, Carla J. Terrel, with her counsel, Joan Carey, Esquire and Sonya M. Hinkel, Paralegal. 3. The parties agreed to entry of an Order in the form as attached. f.?h" " .l-Lr j )'1 Dawn S. Sunday Custody Conciliator ( rdJ'V........l .~'J I''J-ifl ( . Date {!j~ ~~ffi ~I~ 13 i t .... ~ .... .... ... ~~ ,gc'JlwiS .... t w,g~t:.: ":lJ~ .... c w - ... tit j, , .;;... c: ~ 1; .s ~ ill~ ,.... . ~I I~ ~ '.... ;.J . I ~ f:.O iil 18 fit t "" ~ ... \ w .D ~ =... c CI ~ J! ~ ,d := :2 ~..c: . ~ ia. I:(;.eft, r) ~ ~~. lJ . .-. ! ~ ~~~ i .' ., '. JUI, 1 u ,;;So $'t: " '. '. EDWARD C. TERREL, . IN THE COURT OF CXXolMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96-444 CIVIL TERM . . . CARLA J. TERREL, . . Defendant . IN CUSTODY . OODER OF' CXXlRT AND NCM, this 13" day of:4.... , 1996, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending further Order of this Court or agreement of the parties, this Court's prior Order dated March 4, 1996 shall continue in effect with the following modifications: A. The Father shall have visitation Mother's residence for four Saturdays. with the Children at the hours on alternating B. The Mother shall cooperate with the counselor's (Steve Holland) reconmendations with regard to periods of unsupervis~ partial custody for the Father with the parties' son, John. C. As long as the parties' counselor (Steve Holland) continues to schedule two counseling sessions per week, the Father agrees to pay an additional Twenty ($20.00) Dollars per week above the seventy (70%) percent Father is responsible to pay under paragraph 3. of this Court's prior Order. If the counselor conducts fewer sessions, the counseling expenses shall be apportioned between the parties with the Father paying seventy (70%) percent and the Mother paying thirty (30%) percent. D. The Father shall be entitled to contact the Children by telephone every Wednesday evening at 7:00 p.m. and the Mother shall cooperate in making the Children available for this scheduled telephone call. The Father may also contact the Children by telephone at other reasonable times as the Children are available. 2. The parties and their counsel shall meet with the Custody Conciliator, Dawn S. Sunday, Esquire, for a third Conference to be held on September 10, 1996 at 1:00 p.m. 3. The parties may modify the provisions of this Order by mutual ~ # . conaent. In the abaence of mutual agreement, the terms of this Order shall control. CCI Jordan O. Cunningham, Esquire _ Joan carey, Esquire BY THE COURT, AU- ~J... tol,..,/"/". ,..&,6'. ,'..'.' '. FlLED-OFFlct 0;. !; r: n:OiJ'')'1::rr,IRY % .WN II, 1:11 U:? I CU,',:c.:.:.i1L.'.:,U COliNIY PENNSYLVANIA , " .... . ' EDWARD C. TERREL, : IN THE COURT OF CCXolMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96-444 CIVIL TERM . . . CARLA J. TERREL, . . Defendant . IN CUSTODY . PRICR JUDGB: Kevin A. Hess aJS'nDY CXH:ILIATICtI SUlMARY REPCRT IN ACalmANCE WI'.l'II cnmBRLAND ~ RULE 011' CIVIL PIll> 'K> ..JRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Elizabeth C. Terrel John E. Terrel July 5, 1988 May 30, 1986 Defendant/Mother Defendant/Mother 2. The initial Conciliation Conference was held in this matter on February 29, 1996. This Court entered an Order on March 4, 1996 reflecting the parties' agreement and awarding primary physical custody to the Mother, shared legal custody, partially supervised visitation for the Father and counseling for the parties and the Children. 3. A second Conciliation Conference was held pursuant to a provision in the prior Order on June 5, 1996. The following individuals were in attendance: The Father, Edward C. Terrel, with his counsel, Jordan o. Cunningham, Esquire, and the Mother, Carla J. Terrel, with her counsel, Joan Carey, Esquire, Sonya M. Hinkel, Paralegal and Michelle Hamilton, law student. 4. At the Conciliation Conference, the Conciliator spoke by telephone with Steve Holland, a counselor with the West Shore Psychological Services who has been working with both the parties and the Children for approximately two months. Based upon the counselor's recommendations regarding the advisability of expanded visitation/partial custody for the Father, the parties agree to entry of an or~. in the form as attached. ~ (, 177v U,~'')/,,'~, Date' Dawn S. Sunday, Esqu1re I Custody Conciliator .'~.~l ~ '-" f:>~ ~I~i ~ :.I. .... ~Q,s~ ~~ .a '" j ~ .a. ~ ~ . u~ ~ .... JJ I ~... .... .~ ... f:>~ ; .... . ~I \ )'; ,:=: I~ g! iJ . I .:! ~ 'tit. . of': = 18 ~ I r -.- ; ~ .c ,9 ~~!@ . :: !i :3 .ii! "'.- . ~ J;{J ., -'\ ~ U . . " ~~~O I .., i ; bDolY. . vs. : NO. 96-444 CIVIL TERM -,.' EDWARD C. TERREL, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COllN1Y, PENNSYLVANIA . . : CARLA J. TERREL, Defendant . . . . : CHILD CUSTODY/VISITATION au>ER OF CXXJRT AND ~, this /7' day consideration of the attached custody ordered and directed as follows: of )',,,a:t.- , 1996, upon Conciliation Summary Report, it is 1. The prior Orders of this Court dated March 4, 1996 and June 13, 1996 are vacated and replaced by this Order. 2. The Mother, Carla J. Terrel, and the Father, Edward C. Terrel, shall have shared legal custody of Elizabeth C. Terrel, born July 5, 19BB and John E. Terrel, born May 30, 19B6. 3. The Mother shall have primary physical custody of the Children. 4. The parties shall continue to submit themselves and the Children, inclUding Chad M. Houston, age 16, to the program of counseling/therapy currently conducted by West Shore Psychological Services. The purpose of the counseling is to reestablish a relationship of trust between the Father and the Children and between the parties in the aftermath of abuse allegations and to obtain a prOfessional evaluation recOllll1ending ongoing custody arrangements. The cost of the counseling shall be apportioned between the parties with the Father paying seventy (70%) per cell.. and the Mother paying thirty (30%) per cent of the counseling expenses not reimbursed by the parties' medical insurance. 5. As long as the parties' counselor (Steve HOlland) continues to schedule two counseling sessions per week, the Father agrees to pay an additional Twenty ($20.00) Dollars per week above the Seventy (70%) per cent the Father is responsible to pay under the preceding paragraph of this Order. If the counselor conducts fewer sessions, the counseling expenses shall be apportioned between the parties with the Father paying seventy (70%) per cent and the Mother paying Thirty (30%) per cent. 6. The Father shall complete an approved sexual offenders program as reccxrmended by the Cumberland County Children and Youth Services. The Father's voluntary participation in such a program shall not be construed as an admission of any allegations of abuse. 7. The Father shall have visitation with the Children at the Mother's residence for four hours on alternating Saturdays. For a portion of this four hour period, the Father may take the Children (or either Child individually) to the school playground across the street from the Mother's residence or to the play area in the Mother's apartment complex if the r.":' . ~ Mother consents. 8. The Mother shall cooperate with the counselor's (Steve Holland's) recoomendations with regard to periods of unsupervised partial custody for the Father with the parties I son John. 9. If the Mother consents, the Father may have additional one hour periods of partial custody with both Children together as arranged by mutual agreement of the parties. 10. The Father shall be entitled to contact the Children by telephone every Wednesday evening at 7:00 p.m. and the Mother shall cooperate in making the Children available for this scheduled telephone call. The Father may also contact the Children by telephone at other reasonable times as the Children are available. 11. The parties and their counsel shall meet with the CUstody Conciliator, Dawn S. Sunday, Esquire for a fourth Conference to be held on December 10, 1996 at 9:30 a.m. 12. 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 consent. In the absence of mutual consent the terms of this Order shall control. BY THE COURT, <'/ /,1!ql#, ..l.1' ' cc: Jordan D. Cunningham, Esquire for P. aintiff _ f'~"'~ Joan Carey, Esquire for Defendant - .. . FLED-Q;:FIC: C/- ~"- "''-'I''';;".~,:, ,~- rw" 1'.1 ..':.J.""ll.; ;,,;; In: r.6 Ci.....~;.:.. ".:. '.. '" ._.111 rt I~~;'~: '~'/L.Vj'\o\~~\ , '1 . EDWARD C. TERREL, . IN THE COURT OF WlMON PLEAS OF . Plaintiff . CUMBERLAND COllNTY, PENNSYLVANIA . : vs. . NO. 96-444 CIVIL TERM . . . CARLA J. TERREL, : Defendant . CHILD CUSTODY/VISITATION . PRIat JtlDGB: Kevin A. Hess aJS'lmY CXNCILIATION SUlMARY REP(Rl' IN ACCXlUlANCE wrm CDIBI!RLAND <XXNlY RULE 01." CIVIL PIlCI< ."" (JRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NA/'lE BIRTIIDATE aJRRJltlJ.'LY IN aJS'lmY 01." Elizabeth C. Terrel John E. Terrel July 5, 1988 May 30, 1986 Defendant/Mother Defendant/Mother 2. The initial Conciliation Conference was held in this matter on February 29, 1996. This Court entered an Order on March 4, 1996 reflecting the parties I agreement and awarding primary physical custody to the Mother, shared legal custody, partially supervised visitation for the Father and counseling for the parties and the Children. A second Conference was held on June 5, 1996 after which an Order was entered by the Court on June 13, 1996 modifying the prior Order to provide for telephone contact between the Father and the Children and partial custody for the Father with the parties' son. 3. A third Conciliation Conference was held in this matter on Septellber 10, 1996. The following individuals were in attendance: The Father, Edward C. Terrel, with his counsel, Jordan D. CUnningham, Esquire and the Mother, Carla J. Terrel, with her counsel, Joan Carey, Esquire and Jan Terpening, Paralegal. 4. At the Conciliation Conference, the Conciliator again spoke by telephone with Steve Holland, a counselor with the West Shore Psychological Services, who has been working with both the parties and the Children since the initial Conciliation Conference held in this case. The parties agreed to the counselor's recommendations for slightly expanded opportunities for visitation and partial physical custody of the Children by the Father. 5. This case involves a very difficult family situation including serious issues/allegations which the parties are addressing in intensive counseling for both the Children and themselves. In addition to the family counseling through Steve Holland, the Children each receive individual counseling from other organizations and the Father is attending a sexual offenders program (allegations denied) through Holy Spirit Hospital as provided in the initial Order. It is commendable that the parties have persisted in their efforts to resolve the custody issues and other family y " issues through counseling and have abided by the counselors' recommendations with respect to the best interests of the Children. 6. The parties agree to entry of an Order in the form as attached, which slightly modifies the prior Orders in accordance with the counselor's recommendations and consolidates the provisions of all prior Orders. a~ Dawn S. Sunday, Esqu re Custody Conciliator ~f'k_JuA 13 /'19~ Date , - JAN :3 0 199fl tf .. BDwaRD C. TBRRBL, r Plaintiff r r v. r r CAJlLA J. TBRRBL, r Defendant r IN THB COURT OF COXNON PLBAB CUNBBRLAIlD COUJrTY, PBIIHSYLVUlIA NO. qfr 41.;4 (7/'L".t Jl\"~ CIVIL ACTION - PARTIAL CUSTODY ORDER OF COURT , ! I I AND NOW, upon consideration of the attached Complaint, it is hereby directed th t the p~ties and their respective counsel appear before .,,\' U, S, , the Conciliator, ;r the :'- \(11\ day of ,,'~, i' , 199b, at 10' ,31.'1 .M., in the M:torney' a I..om:erem;... Reom, 4th )J ~r, CUlllberli!lld cou...t:y C"nurthouse, I'lquare. Carlisle,"<:I Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter ~to a Temporary Order. All children aae five and olde" - n-'" so be Dresent at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, '<J l>':'" Date of Order: 1,,')\,,\1. By: >11 Custody Conciliato YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 . r:l.r:~.r:F1':E (:~ '" ::-..' "-"':~r',-::';, (,:Hlr.T~..(.' ~,,~ ~.,:,Cl " . . '.' " 1_' (. .,I (:! ", ", . ., " .' \' I , ., ~..,)"../-:~: i;' L: 1,~~:',I,:\<(~:.:";; r a.a -?&; ad' bff IJ/:J..t ~ df- ~ a.'a 1',1; '7/4 IH{;.fkt ~ ~ Y.7U0 C) .,:),~ I'd'''' M~'~ Q.&ud,. . . . .. EDWARD C. TERREL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - PARTIAL CUSTODY CARLA J. TERREL, Defendant COMPLAINT POR PARTIAL CUSTODY 1. The Plaintiff is EDWARD C. TERREL, residing at 1024 AUdubon Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is CARLA J. TERREL, residing at 541 First street, CarliSle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks partial custody and visitation of the following children: IWm PRESENT RESIDENCE M.E: Elizabeth C. Terrel 541 First Street 7 years Carlisle, PA 17013 John E. Terrel 541 First Street 9 years Carlisle, PA 17013 Chad M. Husted 541 First Street 16 years Carlisle, PA 17013 ~ The children were not born out of wedlock. The children are presently in the custody of the Defendant, Carla J. Terrel, who resides at 541 First street, Carlisle, Cumberland County, Pennsylvania. During the past five (5) years, the children had resided with the following persons and at the following addresses: (LIST ALL PERSONS) (LIST ALL ADDRESSES) (DATES) 5/1/89 to 5/31/92 6/1/92 to Present Edward C. Terrel Carla J. Terrel 1024 Audubon Road Mechanicsburg, PA 17055 541 First Street Carlisle, PA 17013 Carla J. Terrel The mother of the children is Carla J. Terrel, currently residing at 541 First Street, Carlisle, Cumberland County, Pennsylvania. She is married. The father of the children is Edward C. Terrel, currently residing at 1024 Audubon Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 2 <: .. 4. The relationstalp of Plaintiff to the children is natural father. The Plaintiff currently resides with the following persons: IWm Margaret Lee Billie Jo Lee RELATIONSHIP Girlfriend Daughter 5. The relationShip of Defendant to the children is that of natural mother. The Defendant currently resides with the f~llowing persons: IWm John E. Terrel Elizabeth C. Terrel Chad M. Husted RELATIONSHIP Son Daughter Step-son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 3 ...';-""~ 'i-(,. o ~ ~ Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because since an allegation of child abuse, in the Summer of 1994, was filed against the Plaintiff by the Defendant, Defendant has refused Plaintiff partial custody of the children and has allowed only limited supervised visitation with the children. Plaintiff desires to effect greater contact with the children since the allegation regarding his alleged action occurred approximately one and one-half (1-1/2) years ago. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been given notice of the pendency of this action and the right to intervene: None. 4 '." " . WHEREFORE, Plaintiff requests the Court to grant partial custody of the children. Respectfully submitted, CUNNING~ F, P.C. Date: I fts/'i~ By: J an D. .0. #23144 2320 North Second street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 5 ,'" _. . 0 , . I. VERIFICATION I, EDWARD C. TERREL, verify that the statements made in the foregoing COMPLAINT FOR PARTIAL CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. S49041 relating to unsworn falsification to authorities. ~Je~ EDWARD C. TERREL Date: 18 ~tt~ Cfb ~ ~ co i:: r~~ ".I l.'J ('} (..~ ;~s . ," . IJ~L', ~'- I.... -' " ()':' ":1 ,~. ~J ,.'", : .. . l.' .. , (',I . " L" .. : :.-; I , . ';,J , l'_ , LJ . ~ .--; _. . i'-'" ,J f, 'a"~ ~ .~..~ <:::::::.. C\~ ~ ~ h ~ - ~ .~ ~ ['-' --.. IV'\ tn -.!- -\..N ~ ~ l:I '-::J ~ ~ II~" H) 'Il'l 'c, fj:' '.' ',I (_ d.:JO IID1fARD C. TIIRRBL, Plaintiff IN HII COURT OJ' CODON PLIIAS i CmmERLAIfD COtJIfTY, PEIflfSYLVUIA I NO. Q It- I; /r 4. (i'A.-t~L .:Jl~! CIVIL ACTION - PARTIAL CUSTODY v. I I I I I : I CARLA J. TERRIlL, Defendant ORDER 01' COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed thaJ; the parties and their respective counsel appear before O(JJ"}-,, ~~'~ '~~ ~'~ ' the Conciliator, on the a ':5-/1, day "~ ,~~~/"'J/A-<;;' , 1:99 G, at IlJ:30 A.M., in the J\~e---e-'-s-Conf4treRgg RQ"';:_ 4th :1 I 'Fleer, CUmb6rlaRQ COYRty CawrtRQYB9, S~a~8, ~3~lis16, Pennsylvania, for a Pre-Hearing custody Conference. At such Conference, an effort will be made to resolve the issues in disputer or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children aae five and older -eh'1ti'1 also be cresent at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. ."19 41. ~ .:r:f. 7lt.>d, . ~ .1 FOR THE COURT, Date of Order: " 3/'9& By: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 C) ';; r', ~~ " , .., . I : -, ',", I' ) ~ j ., '- , ~-J :(") -,., , ,. , , 1, . ( 1 , )1";\ .. ! , , ~.' , (;) -< .. , . :! : . " .~... ' .. -, EDWARD C. TERREL, plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - PARTIAL CUSTODY v. CARLA J. TERREL, Defendant COMPLAINT POR PARTIAL CUSTODY 1. The Plaintiff is EDWARD C. TERREL, residing at 1024 Audubon Road, Hechanicsburg, Cumberland county, Pennsylvania. 2. The Defendant is CARLA J. TERREL, residing at 541 First Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks partial custody and visitation of the following children: IWm PRESENT RESIDENCE Am< Elizabeth C. Terrel 541 First Street 7 years Carlisle, PA 17013 John E. Terrel 541 First Street 9 years Carlisle, PA 17013 Chad H. Husted 541 First Street 16 years Carlisle, PA 17013 ~:ft"l _ ' . , The children were not born out of wedlock. The children are presently in the custody of the Defendant, Carla J. Terrel, who resides at 541 First street, Carlisle, Cumberland County, Pennsylvania. During the past five (5) years, the children had resided with the following persons and at the following addresses: (LIST ALL PERSONS) (LIST ALL ADDRESSES) 1024 Audubon Road Mechanicsburg, PA 17055 541 First Street Carlisle, PA 17013 (DATES) 5/1/89 to 5/31/92 6/1/92 to Present Edward C. Terrel Carla J. Terrel Carla J. Terrel The mother of the children is Carla J. Terrel, currently residing at 541 First Street, Carlisle, Cumberland County, Pennsylvania. She is married. The father of the children is Edward C. Terrel, currently residing at 1024 Audubon Road, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 2 , ,"'.. ~ Il/I . 4. The relationship of Plaintiff to the children is natural father. The Plaintiff currently resides with the following persons: HAHEi Margaret Lee Billie Jo Lee RELATIONSHIP Girlfriend Daughter 5. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: lfAHE: John E. Terrel Elizabeth C. Terrel Chad M. Husted RELATIONSHIP Son Daughter Step-son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. J ':',; . - Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. II 7. The best interest and permanent welfare of the children will be served by granting the relief requested because since an allegation of child abuse, in the Summer of 1994, was filed against the Plaintiff by the Defendant, Defendant has refused Plaintiff partial custody of the children and has allowed only limited supervised visitation ii !I I with the children. Plaintiff desires to effect greater contact with the children since the allegation regarding his alleged action occurred approximately one and one-half (1-1/2) years ago. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been given notice of the pendency of this action and the right to intervene: None. 4 .;, ~ >'\' .r." ','0- -..;..-66" "1'_ . WHEREFORE, Plaintiff requests the Court to grant partial custody of the children. Respectfully submitted, By: J9J:dan D. 1Y.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F, P.C. Date: I/;;r lit;- I 5 ~ VERII'ICATION I, EDWARD C. TERREL, verify that the statements made in the foregoing COMPLAINT FOR PARTIAL CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities. eAUl/l1 e ~ EDWARD C. TERREL Date: 18 ~tu\ erG ,"-:IF,' I o ~ , EDWARD C. TERREL I'LAINTIFF V. CARLA J. TERREL DEFENDANT IN TIlE COURT OF COMMON I'LE/\S OF CUMBERI.AND COUNTY, I'ENNSYL VANIA 96-444 CIVil. ACTION LAW IN CUSTODY emBER OF COllRT AND NOW. this 11th day or Septemher .2000. upon consideration of the allached Complaint, it is hereby directed thatthc parties and thcir rcspcctive counsel appcar beforc Dawn S. Sunday. Esq. . the conciliator, at 39 We.t Main Street. Meehanle.burg. P A t70SS on the !!!!!!- day of October . 2000, at tl :00 a.m. for a Pre-Hcaring Custody Conference. At such eonfercnce, an effort will be made to resolve the issues in dispute; or i I' this cannot be accomplished. to define and narrow the issues to be heard by the court. and to enter into a tcmporary order, All children agc five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a tcmporary or pcrmancnt order. FOR THE COURT. By: /./ Dawll S. SImdap. Esq, Custody Conciliator(1' TIIC Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990, For information about accessible facilities and rcasonable accommodations available to disabled individuals having business before thc court, please contact our office. All arrangemcnts must bc made 01 least 72 hours prior to any hearing or busincss bcforc the court. You must allcnd thc scheduled conference or hcaring. YOU SHOULD TAKE THIS PAPER TO YOUR ATroRNEY AT ONCE. IF YOU DO NOT HAVE AN A 11'0RNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI'E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELl', Cumberland County Bar Association 2 Liberty A vcnue ClIrlisle.l'ennsylvanill 17013 Telephone (717) 249-3166 -."A.,' . '. L .\ ", . i.. .\, ", fl,:," ~"/Ja:J &/.~~ i? 4 ~" 1-/3 ~ 7l~ fl1~ Z' ~. Ij'/J-tr) ~~tM ~4~~ .. . .... <', ~... , i LI I.' , :?'~ ) - } ; :-: , .~ " . 'or' ...,. i , ~--j I .' ," , . ,'/! (" , . r : ",1 , :J...., ...~ , I',", ..J ~-' C) U u ~ a: ~ If!:'::! oUlz s.!1!:~ ZIIl;.J I a: > weill G~~I: "M~ ,::: :ill!ci' ::: :cza: .... CJo::l ~~~ Z a: ::I a: u ~ >. Co 0 U U u ~ ~ 0 u "" " .. u " ~ ;-0 ~ u 0 .c u 0 u ~ -... ~ 0 :200 - u ~~ ~ .. u u .: ~ ,. >..~ a .c ~ i7 ; , u 0 ~ ... .. u u ~ -=-5 S . -... ;;: 0 . . CUNNING,HAM lk CHERNICOFF. P.C, (-- ") Ir~:I (I ?n"" EDWARD C. TERREL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 444 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. CARLA J. TERREL, Defendant ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Escruire, the Conciliator, on the day of , 2000, at .m., in the Attorney's Conference Room, 4th Floor, Cumberland County Courthouse, Square, Carlisle, Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children acre five and older shall also be oresent at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 EDWARD C. TERREL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 444 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. CARLA J. TERREL, Defendant PBTITION POR MODIPICATION OP CHILD CUSTODY ORDBR AND NOW, comes the above named Plaintiff, EDWARD C. TERREL, by and through his counsel, Cunningham & Chernicoff, P.C., and presents the following in support of his Petition: 1. Your Petitioner, EDWARD C. TERREL, is an adult individual who resides at 1024 Audobon Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Your Respondent, CARLA J. TERREL, is an adult individual who resides at 541 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. petitioner and Respondent were formerly husband and wife, but were divorced by a Decree in Divorce entered by the Court of Common Pleas of Cumberland County. 1 c 4. Two (2) children were born of this marriage, JOHN E. TERREL, born on May 30, 1986, who is currently fourteen (14) years of age; and ELIZABETH C. TERREL, born on July 5, 1988, who is currently twelve (12) years of age. 5. On November 16, 1997, an Order of Court was entered by the Honorable Kevin B. Hess. A true and correct copy of said Order is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit liP_I". 6. Pursuant to the Order of November 16, 1997, the parties share both legal custody of the minor children. 7. The Order of Court, in Paragraph 2, also provides for the following: 2. The parties shall submit themselves and the Children to a custody evaluation to be performed by Stanley Schneider, PhD, who was selected by agreement of the parties and counsel. The Father shall be responsible for the costs of the evaluation. 8. Since the entry of the Order, Dr. Schneider, on May 12, 1998, issued his recommendation. 2 " ,;....1"'\ ".~ ,.,j" ."-A ~. 9. Since the entry of the Order, Petitioner has completed the sexual offender program as recommended by Cumberland County Children & Youth Services. A true and correct copy of said Certificate of Completion is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit "P_2". 10. Since the entry of the Court's Order of November 16, 1997, there have been substantial changes which have a substantial impact upon the minor children's life, all of which support that the best interests of the children would be served by allowing the Petitioner unsupervised partial custody of the minor children with the Petitioner, such changes include, but are not limited to the following: (a) Petitioner's minor son, John Terrel, has suffered from chronic depression which has resulted in his institutionalization on four (4) separate occasions; (b) Petitioner's minor children are allowed to be seen by Petitioner only in supervised settings for limited 3 i I , I I r -.'..., . "'_~,l periods of time, which visitations take place in Respondent's home, under Respondent's supervision; (cl The minor children, John Terrel, age fourteen (14) years and Elizabeth Terrel, age twelve (12) years, are of such an age if Petitioner was to in any way abuse the children they would be able to relate such abuse to a third party; (d) Petitioner has remarried and established a home and Petitioner's wife is known to the minor children; (e) That the Respondent has taken such actions in the past by placing all blame on the Petitioner for their failed marriage to make it virtually impossible for Petitioner to establish a relationship with the children without the ever present influence of Respondent being present; and (f) That the Respondent has not communicated with Petitioner regarding important events in the minor children's life, all of which is not in the minor children I s best interests. 4 , ~ " '~',~ ;' '. ~ III -""""'~" ... I WHEREFORE, your Petitioner respectfully requests the present Order of November 16, 1997 be modified so that periods of unsupervised partial physical custody be awarded to your Petitioner. Date: (/..-t k.. . submitted, COFF, P.C. By. J an D. Esquire .D. #231 4 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner) bl\doc.\cu8tody\petition,ter 5 VERIPICATION I, EDWARD C. TERREL, verify that the statements made in the foregoing PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to auth~rities. fJu>tM~ e 0~ EDWARD C. TERREL Date: r;? - J-lf - J-ct)() c EXHIBIT "P-i" . EDWARD C. TERREL, Plaintiff : IN TfIE COOR'l' OF cc:toll1OO PLEAS OF : CUMBERLAND~, PENNSYLVANIA . . vs. : NO. 96-444 CIVIL TERM . . . . CIVIl. ACTIOO - LAW IN ctJsroDY CARLA J. TERREL, Defendant . . amBR Oi' CXXJRT AND toi, this I~ tA. day of upon consideration of the attached CUstody ordered and directed as follows: ~fffi'~V , 1997, Con at on Report, it is . . ,..... '. 1. The prior Orders of this Court 'dated SepteJl'ber 17, 1996 and Decerrber 18, 1996 are vacated and replaced with this Order. 2. The parties shall submit themselves and the Children to a custody evaluation to be performed by stanley SChneider, PhD, who was selected by agreement of the parties and counsel. The Father shall be responsible for the costs of the evaluation. 3. The Father, Edward C. Terrel, and the Mother, Carla J. Terrel, shall have shared legal custody of John E. Terrel, born May 30, 1986, and Elizabeth C. Terrel, born July 5, 1988. 4. Pending further Order of this Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have visitation with the Children at the Mother's residence and with the Mother present for four hours on alternating saturdays. For a portion of this four hour period, the Father may take the Children to the school playground across the street fran the Mother's residence or to the play area in the Mother's apartment canplex with the Mother present. 5. If the Mother consents and is present, the Father may have additional periods of visitation with the Children as arranged by mutual agreement of the parties. 6. The Father shall have an additional period of visitation with the Children on Christmas Eve fran 5:00 p.m. until 9:00 p.m. at the Mother's residence with the Mother present. 7. The Father shall be entitled to contact the Children by telephone every Wednesday evening at 7:00 p.m. and the Mother shall cooperate in making the Children available for this scheduled telephone call. The Father may also contact the Children by telephone at other reasonable times as the Children are available. The Mother may be present in the room with the Children but shall noe directly monitor the Father's telephone calls on the line. 8. The Father shall complete an approved sexual offenders .' (' (..~ program aa recarrnended by the CUmberland County Children and Youth Services. The Father's voluntsry participation in such a program shall not be construed as an admission of any allegations. 9. Upon the conclusion of the cwstody evaluation and in the event that the parties are not able at that time to establish custody arrangements by agreement, either party may pet:ition the Court to have this case again scheduled with the CUstody Conciliator for a Conference. .I~(~A.":". a. . .~ Kev n A. Hess J. BY TIlE ClXJRT I co: Jordan D. cunningham, Esquire-:for Father Jan Terpening/Joan Carey, Esquire-for Mother , .. - - '. TIWE COpy FROM RECORD In T~stimlirlY whrrr.of, I here unto set my hand Srlt! ths 'esl of aa:d Court at Carlisle, Pa. ~ 9~ this ....1..7......., day of...J::1.fY::.:...., 19....1... ....', ..,1...'~....,{1...:~~, _......~J. ~~. Pro EDWARD C. TERREL, plaintiff : IN THE CXXJRT OF CCXoIMCW PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 96-444 CIVIL TERM . . CARLA J. TERREL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRICR JtlDGB: Kevin A. Bess ~:LUJ% CXH::rL:rATION 5lMlARY REPCR1' IN ACXXlUlANCB WI'1'H CDmI!:RLAND CXXNrY RDLE OF CIVlL PRO<~' '{JRB 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. i11e pertinent information concerning the Children who are the subjecbr of this litigation is as follows: . ...-' '. NAME DM'E OF BIRTH COIlRf2lTLY IN Cu::,-,Ll.Ur OF Defendant/Mother Defendant/Mother Elizabeth C. Terrel John E. Terrel July 5, 1988 May 30, 1986 2. As stated in prior Reports, this case involves a very difficult family, situation including serious issues/allegations which the parties have been addressing in counseling for the Children and themselves. In order to resolve the custody dispute, the Father has attended a ,seventy. week seicua1 offenders program (allegations denied) through Holy Spirit Hospital. Recently, Children and Youth Services have become involved in this matter in connection with the Mother's obligation to supervise visitation, which has further complicated resolution of this case. The parties are scheduled to begin a custody evaluation in December through the office of stanley Schneider, PhD. Several Conciliation Conferences have been held over the last two years (without the necessity of a Hearing to date) with the most recent Conference having be-!n held on April 22, 1997. The following individuals attended that Conference: The Father, Edward C. Terrel, with his counsel, Jordan D. Cunningham, Esquire, and the Mother, Carla J. Terrel, with her representative, Jan Terpening. 3. At the April 22, 1997 Conference, the parties agreed to participate in a custody evaluation, although the issue as to whether the Father wO'.11d be able to pay the expenses of the evaluation was left open for determination. It was also agreed that the existing Order will remain in effect without overnight periods of custody with the Father for the parties I son during the school year except upon the recOllll1endation of the evaluator. Additional changes to the existing Order which are reflected in the attached proposed Order resulted from a telephone conference with counsel for both parties on September 25, 1997. 4. The Conciliator recOllll1ends an Order in the form as attached. ~hnf 1--tL,,,,Af7'i' wn S. Sunday, Esqu re CUstody Conciliator /Vow:mhu 10 /997 DATE .. .,. ~-.-".., .. '. <<l .-"" ~'.-~' ..' .,. " EXHIBIT "p_2'.' ;....,"l , ,:; J Holy Spirit Hospital Incest Treatment Pro!lfllm S03 Nonh 2 I st Street Camp Hill. PA 1701 I Jordan Cunningham. Esq. Attorney at Law 2320 Nonh 2nd Street Harrisburg. P A 17 I 09 Re: Edward Terrell Dear Mr. Cunningham. This letter is written at Mr. Terrell's request to providj: you wilhinformation pertaining to his therapy while he Wll5 involved in the Incest OtTenders PrOb'T'llm. Mi-, Terrell began group therapy sessions on May 22. 1996. He successfully completed the necessary educational material on January 14. 1998 and attended his one month follow up session on February I I. J 998, Education material presented during his course of treatment included dynamics of incest, communication techniques. psycho-social developmenlal slages. defense mechanisms. moml / ethical issues. stress management. sexuality. and marilal / family dynamics, Mr. Terrell actively participated in b'TOUP discussion topics and demonstrated an improved understanding in incest dynamics and related issues. but remained in denial concerning his actual reponed otTense, Mr. Terrell does report significant progress in the areas of improved communication in his current relationship with his girlfriend and family members. Sincerely. <:-" '( ~A- d---=- Rhett A. Bennie . EDWARD C. TERREL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 444 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. CARLA J. TERREL, Defendant ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esouire, the Conciliator, on the day of , 2000, at .m., in the Attorney's Conference Room, 4th Floor, Cumberland County Courthouse, Square, Carlisle, Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children aqe five and older shall also be oresent at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 M . . EDWARD C. TERREL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 444 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CARLA J. TERREL, Defendant PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER AND NOW, comes the above named Plaintiff, EDWARD C. TERREL, by and through his counsel, Cunningham & Chernicoff, P.C., and presents the following in support of his Petition: 1. Your Petitioner, EDWARD C. TERREL, is an adult individual who resides at 1024 Audobon Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Your Respondent, CARLA J. TERREL, is an adul t individual who resides at 541 first Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent were formerly husband and wife, but were divorced by a Decree in Divorce entered by the Court of Common Pleas of Cumberland County. 1 I I I I f < 4. Two (2) children were born of this marriage, JOHN E. TERREL, born on May 30, 1986, who is currently fourteen (14) years of age; and ELIZABETH C. TERREL, born on July 5, 1988, who is currently twelve (12) years of age. 5. On November 16, 1997, an Order of Court was entered by the Honorable Kevin B. Hess. A true and correct copy of said Order is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit IP_1". 6. Pursuant to the Order of November 16, 1997, the parties share both legal custody of the minor children. 7. The Order of Court, in Paragraph 2, also provides for the following: 2. The parties shall submit themselves and the Children to a custody evaluation to be performed by Stanley Schneider, PhD, who was selected by agreement of the parties and counsel. The Father shall be responsible for the costs of the evaluation. 8. Since the entry of the Order, Dr. Schneider, on May 12, 1998, issued his recommendation. 2 9. Since the entry of the Order, Petitioner has completed the sexual offender program as recommended by Cumberland County Children &. Youth Services. A true and correct copy of said Certificate of Completion is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit IP-2". 10. Since the entry of the Court's Order of November 16, 1997, there have been substantial changes which have a substantial impact upon the minor children's life, all of which support that the best interests of the children would be served by allowing the Petitioner unsupervised partial custody of the minor children with the petitioner, such changes include, but are not limited to the following: i ,. (a) Petitioner's minor son, John Terrel, has suffered from chronic depression which has resulted in his institutionalization on four (4) separate occasions; (b) Petitioner's minor children are allowed to be seen by Petitioner only in supervised settings for limited 3 < periods of time, which visitations take place in Respondent's home, under Respondent's supervision; (c) The minor children, John Terrel, age fourteen (14) years and Elizabeth Terrel, age twelve (12) years, are of such an age if Petitioner was to in any way abuse the children they would be able to relate such abuse to a third party; (d) Petitioner has remarried and established a home and Petitioner's wife is known to the minor children; (e) That the Respondent has taken such actions in the past by placing all blame on the Petitioner for their failed marriage to make it virtually impossible for petitioner to establish a relationship with the children without the ever present influence of Respondent being present; and (f) That the Respondent has not communicated with petitioner regarding important events in the minor children's life, all of which is not in the minor children's best interests. 4 < -.--.1 WHEREFORE, your petitioner respectfully requests the present Order of November 16, 1997 be modified so that periods of unsupervised partial physical custody be awarded to your Petitioner. submitted, Date: (h.{ /uu . p.e. By. J an D. unningham, Esquire .D. 11231 4 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Petitioner) bl\doc.\cuetody\petitlon,ter 5 . I~ t:'""~; . "-'".- _;.A~ \' ,.... VERIPICATION I, BOWARD C. TBRREL, verify that the statements made in the foregoing PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904, relating to unsworn falsification to authorities. tJu>lM~ e 0~ EDWARD C. TERREL Date: fiJ -).l( - :LotJO ....."-''-,:~:>. < EXHIBIT "P-i" ~ ,. EIlWARIl C. TERREL, Plaintiff IN THE CXXlR'l' OF CCiMI'ICN PLEAS OF CUMBERLJ\ND CXXlN'J.'Y, PENNSYLVANIA vs. NO. 96-444 CIVIL TERM CARLA J. TERREL, Defen<Wlt CIVI~ ACTIOO - LAW IN CUSTODY ClUlER Of' CXXIRI.' AND tDf, this I " tA.. day of upon consideration of the attached CUstody orClered IlIlCI Clirected as follows: ~~ ' 1997, Con at on Report, it is -,. . ,. .--. '. 1. '!he prior OrClers ot: this Court 'dated Septerrber 17, 1996 anCl Dec:enber 18, 1996 are vacated anCl replaced with this Order. 2. '!he parties shall submit themselves anCl the ChilClren to a custody evaluation to be performed by Stanley SchneiCler, PhD, who was selected by agreement of the parties anCl counsel. ,The Father shall be responsible for the costs of the evaluation. 3. '!he Father, EdwarCI C. Terrel, anCI the Mother, Carla J. Terrel, shall have shared legal custoCly of John E. Terrel, born May 30, 1986, IlIlCI Elizabeth C. Terrel, born July 5, 1988. 4. PenCling further Order of this Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have visitation with the Children at the Mother's resiClence anCl with the Mother present for four hours on alternating Saturdays. For a portion of this four hour perioCl, the Father may take the Children to the school playgrounCl across the street from the Mother's residence or to the play area in the Mother's apartment catplex with the Mother present. 5. If the Mother consents and is present, the Father may have aClc1itional periods of visitation with the Children as arranged by mutual agreement of the parties. 6. '!he Father shall have an aClClitional period of visitation with the Children on Christmas Eve from 5:00 p.m. until 9:00 p.m. at the Mother's residence with the Mother present. 7. '!he Father shall be entitled to contact the ChilClren by telephone every Wednesday evening at 7:00 p.m. anCl the Mother shall cooperate in making the Children available for this scheduled telephone call. '!he Father may also contact the Children by telephone at other reasonable times as the ChilClren are available. The Mother may be present in the roan with the ChilClren but shall not directly monitor the Father's telephone calls on the line. 8. '!he Father shall complete an approved sexual offenders , ( ,- progrlll1l u rec..........nded by the CUni:lerland County Qlildren and Youth services. 'Dle Father's voluntary participation in such a pr.ogrlll1l shall not be construed u an admission of any allegations. 9. Upon the conclusion of the custody evaluation and in the event that the parties are not Bble at that time to establish custody arrangements by agreement, either party may pej:ition the Court to have this case again scheduled with the OIatody Conciliator for a Conference. BY TIlE CCXlRT, .I~f~""':"" a. . ~ Kev n A. Hess J. co: Jordan O. CUnningham, Esquire..:for Father ' '. Jan Terpening/Joan carey, Esquire-for Mother . ..-,,' ... TRUI COpy FROM RECORD In T cstinlMY whp.rr.of, I here unto set my hand ilrid the leel olaa:d Court at Carlisle, Pa. this ....1.'1:-::::.. day of,..:J1.fY::.:;..., 19.f.:l.. .--.....;~.....~..:~~' ~fda-' Pro , .. EDWARD C. TERREL, Plaintiff IN THE COURT OF ~ PLEAS OF CUMBERLAND CCXlN'1'Y, PENNSYLVANIA vs. NO. 96-444 CIVIL TERM CARLA J. TERREL, Defendant CIVIL ACTION - LAW IN CUSTODY PRI~ JtlDGB: Kevin A. Bes8 """':l.UJx' CX'NCILIATION ~ REPCRr IN ACXXlUlANC:B WI'1'B CDIBERLAND cx:unY RIlLE CP CIVn. 19?0 ~~ 'UHB 1915.3-8, the undersigned CU8tody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjecbr of this litigation is as follows: ~ Elizabeth C. Terrel John E. Terrel . .--. '" DA1'E OF BIRm CDRRIlHTLY IN """":l.UJf CP July 5, 1988 May 30, 1986 Defendant/Mother Defendant/Mother 2. As stated in prior Reports, this case involves a very difficult family, situation including serious issues/allegations which the parties have been addressing in counseling for the Children and themselves. In order to resolve the custody dispute, the Father has attended a 'seventy, week seXual offenders program (allegations denied) through Holy Spirit Hospital. Recently, Children and Youth Services have become involved in this matter in connection with the Mother's obligation to supervise visitation, which has further complicated resolution of this case. The parties are scheduled to begin a custody evaluation in December through the office of Stanley Schneider, PhD. Several Conciliation Conferences have been held over the last two years (without the necessity of a Hearing to date) with the most recent Conference having been held on April 22, 1997. The following individuals attended that Conference: The Father, Edward C. Terrel, with his counsel, Jordan D. Cunningham, Esquire, and the Mother, Carla J. Terrel, with her representative, Jan Terpening. 3. At the April 22, 1997 Conference, the parties agreed to participate in a custody evaluation, although the issue as to whether the Father would be able to pay the expenses of the evaluation was left open for determination. It was also agreed that the existing Order will remain in effect without overnight periods of custody with the Father for the parties' son during the school year except upon the recommendation of the evaluator. Additional changes to the existing Order which are reflected in the attached proposed Order resulted from a telephone conference with counsel for both parties on September 25, 1997. 4. The Conciliator recommends an Order in the form as attached. ~h nf IL~At'/t', { wn S. Sunday, Esqu re CUstody Conciliator ~heA 10 /997 DATE . EXHIBIT "p_2'! ~ , ":~ '-... :") . f~'.J Holy Spirit Hospital ["cest Treatment Program S03 North 21st Street Camp Hill. PA 17011 Jordan Cunnin!lham, Esq. Attorney at Law 2320 North 2nd Street Harrisburg. PA 17109 Re: Edward Terrell Dear,Mr. Cunningham. This letter is written at Mr. Terrell's request to provi~ you with.information pertaining to his therapy while he was involved in the Incest Offenders Program. Mr. Terrell began group thempy sessions on May 22, 1996. He successfully completed the necessary educational material on January 14. ] 998 and attended his one month follow up session on February II. 1998. Education material presented during his course of treatment included dynamics of incest. communication techniques. p5!'cho-social developmental stages, defense mechanisms. moral I ethical issues. stress management. sexuality. and marilall family dynamics. Mr. Terrell actively participated in group discussion topics and demonstmted an improved understanding in incest dynamics and related issues. but remained in denial concerning his actual reponed offense. Mr. Terrell does repon significant progress in the areas of improved communication in his current relationship with his girlfriend and family members. ~iO~;~ Rhett A. Bennie ~i~ ~ Dl~ ~ :::l .u ... :::: ~~~al j ~~ jgkB~;;2 ... = ~ - .u = = ~ l: <<II = . "'Cl; ,ftl . II . <<IIl\l,~ ~ i!d~ I~ ~ '8 I'lIl iii :. == .c I E .. ~ lj os 1i e ~ ,- ;:: ~ ~ . iimlll~il d2 t.I . ~ == I ~ DC r'~ 4 2tfl)~ " EDWARD C. TERREL, : IN THE COURT OF CXlMMCX'l PLEAS OF Plaintiff : CUMBERLAND CXXJNTll, PENNSYLVANIA . . VS. . NO. 96-444 CIVIL TERM . : . CIVIL ACTION - LAW . CARLA J. TERREL, . . Defendant . CUSTODY . alDER OF <XXlRT AND NCW, this 2. ej' consideration of the attached and directed as follows: day of O<.k b-v , 2000, upon Custody Conciliation Report, it is ordered 1. The prior Order of this Court dated NovellCer 16, 1997 is vacated and replaced with this Order. 2. The Father, Edward C. Terrel, and the Mother, carla J. Terrel, shall have shared legal custody of John E. Terrel, born May 30, 1986, and Elizabeth C. Terrel, born July 5, 1988. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the parties' son, John, on alternating Saturdays fran 12:00 noon until 4:00 p.m. begiMing Saturday, October 21, 2000. During the interim weeks and also on an alternating weekly basis, the Father shall have a period of superviSed visitation with the parties' daughter, Elizabeth for a minimum of 2 hours at a supervising agency selected by agreement of the parties. 5. The Father shall be entitled to contact the Children by telephone every Wednesday afternoon at 3:30 p.m. and the Mother shall cooperate in making the Children available for the scheduled telephone call. The Father may also contact the Children by telephone at other reasonable times as the Children are available. The Mother may be present in the room with the Children but shall not directly monitor the Father's telephone calls on the line. 6. The Father shall have an additional period of visitation with the Children on Christmas Eve fran 5:00 p.m. until 9:00 p.m. This period of visitation shall be supervised unless otherwise agreed between the parties or unless otherwise recommended by the Children's and the Father's counselor. 7. The Father and the Children chall participate in a course of counseling with stanley Schneider or other professional selected by agreement of the parties. The purpose of the counseling shall be to address problems which have arisen in the relationship between the Father and the Children and to obtain recommendations concerning an ongoing progressive partial custody/visitation schedule for both Children. The Father shall be responsible to pay any costs of counseling which are not reiniJursed by insurance coverage. '!he parties shall comply with the recoamendatiOl18 of the counselor with respect to interim and ongoing cuetody arrangements, as well as the frequency and duration of the counseling sessions. B. Within 90 days after receipt of the counselor's reconmenclation, counsel for either party may contact the Conciliator to schedule an additional CUstody Conciliation Conference, if necessary. BY THE CXXJRT, ::Jt H1.!-- J. co: Julie A. McConahy, Esquire - Counsel for Father> u.A.u' .k.( ID'.].I.' tJu Joan Carey, Esquire - ~unsel for Mother I . /)'\1\.... , --r- ' ~' :'" ~f..-' , EDWARD C. TERREL, Plaintiff IN THE CXXJRT OF CXlMMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-444 CIVIL TERM CIVIL ACTION - LAW CARLA J. TERREL, Defendant CUSTODY PRICE JIJDGB: Kevin A. Hees aJS'lmY aH:ILIATION SlMlARl' REPCRl' IN ACCXlUlANCB wrm cnmBRLAND CXUll'lC RIlLE OF CIVIL PRO< "'" um 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. 'll1e pertinent information concerning the Olildren who are the subjects of this litigation is as follows: NAME MTB OF BlR1'8 aJRRml'LY IN aJS'lOOY OF John E. Terrel Elizabeth C. Terrel May 30, 1986 July 5, 1988 Mother Mother 2. A Conciliation Conference was held on October 18, 2000, with the following individuals in attendance: 'll1e Father, Edward C. Terrel, with his counsel, Julie A. MCConahy, Esquire and the Mother, Carla J. Terrel, with her counsel, Joan Carey, Esquire and JeMifer Hernandez. 3. The parties agreed to entry of an Order in the form as attached. ()C/-v}"./J c:JO. 02a?r) Date ' tU~._~ Dawn S. Sunday, Esqu re Custody Conciliator