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STANLEY I. JONES, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . CIVIL ACTION - LAW
.
. 'i,-
.
JOANNE M. RIDLEY, . NO. H-ll14 CIVIL TERJof
.
Defendant .
.
. CIVIL ACTION - CUSTODY
.
COURT ORDER
AND NOW, this 2Z'::! day of ",.,"""
consideration of the attached Custody Conciliation
ordered and directed as follows:
, 1996, upon
Report, it is
1. The parties shall submit themselves and the minor children to
a custody evaluation to be performed by a professiollal as
agreed upon by legal counsel for the parties. Costs of this
evaluation shall be paid by the Father, Stanley I. Jones.
Upon the conclusion of this evaluation and in the event the
parties are unable to reach an agreement on a permanent order
at that time, either counsel may contact the Custody
Conciliator to schedule another conference for further review
of this case.
2. Pending further order of this Court, it is directed that the
Mother, Joanne M. Ridley, and the Father, Stanley I. Jones,
shall enjoy shared legal custody of Jennifer Ann Jones, born
October 30, 1384, Cynthia Louise Jones, born March 26, 1986,
and Stanley Carroll Jones, born March 3, 1988. The Mother
shall enjoy primary physical custody of the minor children.
The Father shall enjoy periods of temporary physical custody
as follows:
A. One weekend a month from Saturday afternoon until Sunday
evening, the times to be arranged between the parties.
B. At such other times as agreed upon by the parties.
3. Counsel for the Father shall make arrangements to handle on
the record any procedural claims that the maternal aunt and
uncle, Julia and Thomas Watts, may assert with respect to the
three children who are the subject of this custody order.
STANLEY I. JONES, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. : CIVIL ACTION - LAW
. 'fL,
.
JOANNE M. RIDLEY, . NO. "K-1l14 CIVIL TERM
.
Defendant .
.
: CIVIL ACTION - CUS'1'ODY
HONORABLE KEVIN A. HESS
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE J..'ITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
PRIOR JUDGE:
1. The information pertaining to the children who are subject of
this litigation is as follows:
Jennifer Ann Jones, born October 30, 1984
Cynthia Louise Jones, born March 26, 1986
Stanley Carroll Jones, born March 3, 1988
2. A Conciliation Conference was held on May 10, 1996, with the
following individuals in attendance:
The Father, Stanley I. Jones, with his counsel, James Flower,
and the Mother, Joanne M. Ridley, with her counsel, Joan
Carey.
3. The parties agree to the entry of an Order in the form &s
attached.
sl~o{q(,
Date
d;-kJ.
Hubert X. Gil y, Esquire
Custody Conc'liator
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~UN 2 4 1997
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STANLEY I JONES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO 96-1114 CIVIL TERM
IN CUSTODY
V.
JOANNE M. RIDL.EY,
Defendant
ORDER OF COURT
AND NOW THIS <(~i day of \ J( '\ (:. , 1997, upon consideration of
the attached complaint, i! is hereby directed that the parties an(Up'~!~,!e~~~q.t!:!~",,",,,,
counsel appear before J~r t '/.., C,LLa:l1he conclhi[ltor, at (v ",,,..k,,,u " t['....l\"c;:.t-
on the ~ S day of . \ ..,J~ ,1997 at .K:LCA.M)P.M., for a Pre-Hearing
Custody Conference. At su h conference, an effort wlir6e 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 age five or older
may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
BY THE COURT,
BY ) (u ere nlY . ~Q.r I 0 rl C'1xJ.1iL
Custody Conciliator (\.b.) J'!r
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our ottice. 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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF 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, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
I
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:'
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:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 96-1114 CIVIL TERM
:IN CUSTODY
STANLEY I. JONES,
Plaintiff
JOANNE M. RIDLEY,
Defendant
Prior Judge: Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information pertaining to the children who are
the subject of this litigation is as follows:
Jennifer Ann Jones, born October 30, 1984; Cynthia Louise
Jones, born March 26, 1986 and Stanley Carroll Jones, born
March 3, 1988.
2. A Conciliation Conference was held on July 25, 1997, with the
following individuals in attendance:
Attorney David A. Baric on behalf of the Mother and Attorney
James D. Flower, Jr. on behalf of the Father.
3. This case was before the Conciliator in May of 1996 and the
parties reached a consent agreement in July of 1996. The
current Order provides that the Father has custody during the
year with the Mother having custody during the month of July.
Mother resides in Florida.
4. Mother now suggests that Father has not been providing
appropriate parental care for the children and that the
children have indicated to her a desire to live with her
during the year as primary custodian rather than the Father.
Mother has a variety of other complaints with respect to
Father's handling of the children. Father suggests that the
children are doing fine and that the current custody Order
should remain in effect.
5. The parties are unable to reach an agreement, and a hearing is
required. A hearing should take no more than one day.
6. The Conciliator recommends an Order in the form as attached.
I) {;g( qi
DATE
Hubert x. Gilroy,
Custody Conci1iat
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Stanley I. Jones
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Joanne M, Ridley
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IN CHAMBERS
Jennifer Ann Jones
Cynthia Louise Jones
Stanley Carroll Jones
FOR THE DEFENDANT
Joanne M. Jones
INDEX TO WITNESSES
Pages 3-16
Pages 16-23
Pages 23-34
DIRECT CROSS REDIRECT RECROSS
35 45 48 49
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1 BY THE COURT:
2 Q The record can reflect th&t we are in
3 chambers with counsel and that we are also with Jennifer Ann
4 Jones. And you wel'e born October 30th?
5 A Yes.
6 Q You are going to have a birthday coming up.
7 How old are you going to be?
8 A Thirteen.
9 Q Do you know what this is about today, why we
10 are here today?
11 A To discuss what's going to happen to us after
12 the custody hearing.
13 Q Okay. And in making that decision I need to
14 find out some things about you and about your situation.
15 Have you ever talked to a judge before about anything?
16 A No.
17 Q Well, I am just, believe it or not, just a
18 regular, ordinary person. So you don't have to be nervous
19 or anything like that. What grade are you in?
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A Seventh.
Q And that's the middle school?
A Yes.
Q And you live in Carlisle, right?
A Yeah.
Q So you are going to Wilson or are you going
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to Lamberton?
A Wilson.
Q And do you have one teacher or is the middle
school where you move around from class to class?
A I move around from class to class.
Q How many different teachers do you have in
the course of a day?
A I have four. And then I have a German
teacher.
Q A German teacher, you are taking German?
A Yes, Ms. Graham. And Mr. Foley was replaced.
And then Mrs. Baker, and Mr. Palm and then --
Q A whole bunch?
A Yes.
Q German is a hard language for a seventh
grader. Do you do pretty well in school?
A Yes.
Q What sort of grades do you get?
A Fours and Fives.
Q What's your favorite Bubject?
A Art.
Q And do you like to draw or paint?
A Yes.
Q A little of both?
A Both.
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Q You do that at home as well as at school?
A Yes.
Q And speaking of home, right now you are
living with your father, right?
A And grandpa.
Q And grandpa. Is there grandma too?
A Yeah, Nana.
Q Where do they live?
A On Spring Road.
Q Where?
A Spring Road.
Q Down here when you go right at the car wash
or out north of town and go past Masland Carpet, or do you
come out at the Weis Market?
A You kind of go past what's called the Buggy
Bath and then past the Turkey Hill.
Q Okay.
A A few houses down.
Q What kind of house is it? Can you describe
it to me?
A It is a big house. It has three bedrooms.
One and a half baths, a large kitchen and dining room, like
a big living room that is split in half by the piano, which
I sometimes play.
Q Do you?
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A And then the one-half is hardwood floor, the
other carpet and has a fireplace.
o How about outside, do you have room to play?
A Yes. The backyard is really big. The front
yard is really big. There are two swing sets, one for the
older kids and one for the younger kids.
And you get a bus to school obviously?
Yes.
About what time do you catch a bus?
About 7:12. Sometimes he is late. Sometimes
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he is early.
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I see bus drivers haven't changed.
He has other pick-ups.
What time do they get you home?
About 3:30.
Tell me about a typical afternoon. Once you
get off of school and you are home, what are your favorite
activities? What sorts of things do you do?
A Read. First I do my homework and then I
read. Sometimes I might play one of the CD's in the
computer.
o You have a computer at home?
A Yeah. At grandpa's.
o Is that your grandpa's?
A Yeah. My nana and grandpa's computer.
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Q Did you have a computer before when you were
1 i ving with YOUt. pop?
A Yeah.
Q He knows how to work a computer too?
A Yes.
Q You said there were three bedrooms in the
house. Who sleeps where?
A My nana and grandpa sleep in the master
bedroom. My dad and my brother in his old room. And me and
my sister share a bedroom which used to be my Aunt Ginny's
room.
Q So you and Cynthia have a room together?
A Yes. We are used to that because we are used
to sharing.
Q When did you move into your grandparents'
house?
A I can tell you the exact date. It was
Thursday, August 28th, around midnight.
Q Around midnight?
A We just came from seeing a movie and our
stepmother dropped us off at grandpa's.
Q I guess your stepmom and your dad had had an
argument?
A I don't know. I thought everything was okay.
I didn't know what happened.
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1 Q Sometimes there are surprises about that kind
2 of stuff. And give me that date again. You said August
) when?
4 A August 28th.
5 Q August 28th?
6 A It was a Thursday.
7 Q What do you think about your situation there
8 at your grandpa's and nana's?
9 A It is rather complicated. Sometimes fun.
10 Q Tell me what you mean when you say it is
11 rather complicated?
12 A Well, sometimes I forget that Monday I have
13 to put the garbage in the garbage can in the bedroom or that
14 Thursdays he vacuums.
15 Q So I gather there are some rules in the
16 house?
17 A. Yes.
18 Q Who makes those rules?
19 A Nana and grandpa both. They decide together.
20 Q And do all the kids have different or your
21 own chores to do?
22 A Basically we have to pick up our stuff, make
2) our beds, and empty the garbage on Mondays. Me and Cindy we
24 have to strip the beds for the sheets to be washed on
25 Saturdays. And Stanley I think his is done on Sunday.
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Q You need to write all that down somewhere.
Have you written that down or are you trying to remember it
all?
A I am trying to remember it all.
Q Other than that sort of thing, I mean, are
you happy there?
A Yes.
Q You get along well with nana and grandpa?
A Yeah.
Q When was the last time you saw your mom?
A Just today in the small room.
Q Yesterday?
MR. O'BRIEN: Today.
THE COURT: She is here?
JENNIFER: Yeah. And the time --
THE COURT: Why did I get the impression
MR. FLOIIER: There was a memo which Mr.
O'Brien had not expected her to be here. He was surprised,
as I was, that she decided to come.
JENNIFER: And the time before that it was
the end of July when she brought us back up.
BY THE COURT:
Q And you had been living with your dad for
about a year?
A Yes.
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Q And before that you were living for many
years I guess with your mommy?
A Yes.
Q I heard that she lived quite a few different
places?
A Yes.
Q How did you feel about that?
A I didn't like it, because I lost my favorite
teddy bear the first place we lived.
Q Oh my goodness. And then you just moved
around?
A Yes.
Q That was not your favorite thing to do, move
around I gather?
A No.
Q You like teddy bears. I can tell from your
shirt.
A Yeah.
Q And do you have any pets?
A Yes.
Q A cat?
A No. Two finches.
Q Two fishes.
A Not fish, finches. They are little birds.
Q Finches. Yeah, I know what you mean.
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1 A They are about an inch high or something.
2 Q Do you have any feelings one way or the other
3 about whether you want to keep lJving up here or whether you
4 want to go with your mom or any thoughts on that matter?
5 A Well, I really don't like Florida because of
6 the banana spiders and pimento bugs.
7 Q You are quite an entomologist. I am not sure
8 I would recognize them.
9 A Well, a banana spider is poisonolls. A
10 pimento bug is the size of a giant cockroach. And I would
11 rather stay up here because I like the weather better.
12 Q I don't want to put words in your mouth, but
13 is the fact that you are settled into school and everything,
14 does that have anything to do with it?
15 A Yeah. Because all my friends are in
16 Carlisle.
17 Q Do you have any other relatives in Florida
18 other than your mom?
19 A My aunt and my uncle.
20 Q How about up here other than grandpa and
21 nana?
22 A Oh, in Florida I also have second cousins and
23 third cousins. They are in Pensacola. Up here I have my
24 aunt and uncle. They are going to be moving to Pensacola
25 with their daughter. And I have my aunt and uncle and my
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other grandmother who lives on Spring Road.
Q That's your mom's mother?
A She is my other grandmother who lives on
Spring Road. Nana is my grandmother.
Q Any other relatives you can think of?
A Cousins allover the place. My Uncle George
is in Perry County. My Uncle Sam he is living with my
grandmother. My Aunt Sharon is in Alaska. But other than
that I can't think of anybody.
Q Have you ever visited her in Alaska?
A No.
Q How long have you been playing the piano?
A Oh, since the beginning of school started. I
only playa few things.
Q You have a teacher or you are trying to sound
it out yourself?
A I do it myself. I have music books.
Q It sounds like you are a very talented young
lady. I don't know if the attorneys have any questions. I
have been asking a lot of questions. Anything you want to
ask me?
A Not really.
Q Okay. Fair enough.
THE COURT: Mr. Flower.
MR. FLOWER: I have nothing to ask.
12
1 MR. O'BRIEN: Just a couple questions, Jen.
2 BY MR, O'BRIEN:
3 Q Jennifer, you remember meeting with me in my
4 office during the summer when your mom brought you up?
5 A Yes.
6 Q At that point in time apparently you were
7 living in a rather small apartment with your father and your
8 stepmother and a couple of their children?
9 A Yeah.
10 Q And you weren't happy living there is what
11 you told me, is that right?
12 A Yes.
13 Q But you are happier now that you are staying
14 with your grandparents?
15 A Yes.
16 Q And that's a bigger house and it has more
17 room and a yard and all those things you just told the
18 judge?
19 A Yeah.
20 Q And as I told your mother, that Mr. Flower
21 and I wouldn't, you know, tell anything that you say back to
22 your parents, that, you know, we just want you to feel
23 comfortable, that you can be honest with the judge and with
24 Mr. Flower and myself. So as I understand then, you are
25 happy where you are and would you like to stay there?
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1 A Yeah.
2 Q You would like to see your mother on a
3 regular basis and have phone calls with her' and so forth?
4 A Well, usually I don't call her on the phone.
5 Q Why is that?
6 A Well, because I don't know, I just don't. I
7 like to write to her better. I can write things in words
8 better than say them.
9 Q Well, if it could be arranged that your
10 mother could call and speak with you at your grandparents'
11 house occasionally, would you like that? And you could
12 speak right to her, and she could write you of course?
13 A I don't know.
14 Q So you don't have any strong feelings one way
15 or the other about speaking with her?
16 A Yeah. Just as long as I am still able to
17 write to her.
18 Q Now, she only gets to see you presently for a
19 couple weeks in July and over Christmas?
20 A Yes. Every other Christmas.
21 Q Every other Christmas?
22 A On even years we see her at Christmas, and on
23 odd years we see her ~n July.
24 Q In July. Okay. Would you like to see her
25 more often than that?
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I don't know.
Okay.
MR. O'BRIEN:
MR. FLOWER:
THE COURT:
Okay. I don't have any.
May I ask one thing, Your Honor?
Yes.
BY MR. FLOWER:
Q Your dad sleeps on the sofa, is that right?
A Yes.
Q Is he usually sleeping during the daytime
because he works at night?
A Yeah. He usually sleeps during the day.
Q So he is not living in the apartment any
longer?
A No. We have all of our stuff out of there,
like a week into school, and threw the keys behind and
that's it.
BY THE COURT:
Q What time does your dad go to work?
A Well, sometimes he just comes home and stays
for like a day. And then his one friend calls him that
works with him. and see if they have a store in Maryland or
Halifax or something and they have to do that. So he goes
up there and sometimes he stays in a hotel with his friends
overnight. Because they figure if it is an hour away they
are not going to bother coming home. They will stay in a
15
1 hotel nearby. Sometimes he will go stay the night with his
2 friend if they have another store to do if it is not worth
3 coming home if it is just for a few hours. Sometimes we
4 don't see him for a week. But we have seen him most of this
5 week.
6 Q And was he there when you came home from
7 school, for example, or did you see him in the morning
8 before you went to school?
9 A He was sleeping before we went to school.
10 Q So in the evening he was with you?
11 A Yeah.
12 Q Do you have E-mail on your computer?
13 A I am not sure. I don't really know.
14 Q You say you like to write letters. I just
15 wondered whether you have ever done that, written anybody on
16 the computer?
17 A No .
18 Q All right. Well, thank you for talking to
19 us, Jennifer. And maybe when you go out you can call
20 Cynthia or Cindy.
21 A Cindy.
22 Q Do you want to ask her to come in?
23 (Whereupon, Cynthia Louise Jones
24 was called into chambers.)
25 BY THE COURT:
16
1 0 Hi, Cindy, how are you? I guess I gather
2 from what Jennifer told me that you kids sort of know why we
3 are here today. Your parents, I don't know how serious the
4 disagreement is, I haven't found out about that yet. But
5 there is some concern about your going to stay with dad or
6 live with mom. You sort of understand that that's why I am
7 talking to you?
8 A Yes.
9 0 You do, okay. Don't worry. I am not going
10 to put you on the spot. I just want to find out something
11 about you. That's the only reason why I am asking these
12 questions, because I might have to make some decision in
13 this case and I need to know the kids that are involved.
14 You are how old?
15 A Eleven.
16 0 And that puts you in what grade?
17 A Sixth.
18 0 Sixth grade. You go to the same school as
19 Jennifer then?
20 A Yes.
21 0 You are sixth, seventh and eighth grade at
22 Wilson Middle School?
23 A Yes.
24 0 You move around from class to class?
25 A Yes.
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Q This is the first year. You have always sat
in one classroom before and had one teacher?
A Yes.
Q Do you like school?
A Yeah.
Do you?
Yeah.
What's your favorite subject?
Science.
Science. Do you do experiments and things
Q
A
Q
A
Q
like that?
A
Q
than science?
A
Q
A
We will be.
What's your favorite activity at school other
What do you like to do?
Clubs.
What sort of clubs do you belong to?
I am in choir and computer.
Q You are a singer. Do you play any
instruments?
A Piano.
Q When did you start the piano?
A About -- I don't know.
Q Has it been a long time?
A It has been about a year.
Q About a year. I hear there is a piano in
18
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grandpa and nana's house?
A Yes.
Q Do you play that?
A Yes.
Q Do they like to listen to you play the piano
or does it bother them sometimes?
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A Sometimes.
Q You have some chores at grandpa and nana's
house, is that right?
A Yes.
Q What are your jobs?
A Sometimes I set the table, and sometimes I
clear the table.
And that's in the evening time when you have
Yes.
And who is usually there at dinner?
Me, nana, grandpa, Stanley and Jenny.
Q And how about your dad, is he there
Q
dinner?
A
Q
evening time?
A
Q
A
sometimes?
Yes.
Do you eat together as a family in the
A Only when he is home.
Q When he is home. I understand he does travel
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nana's house?
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time?
A Yes.
o I got a lot of information from Jennifer, so
I don't think I need to ask you too many questions, but it
is important for me to know are you happy where you are?
A Right now?
o Yes.
A Sort of.
o Sort of. If you could change things, what
would you change?
A That I would live in one place and I would
never have to move again.
o Do you have any strong feelings about whether
it would be with mom or with dad?
A Well, I don't know.
o Pardon?
A I don't know.
o You don't know. Okay. That's fair. That's
an okay answer, nothing wrong with that. Is there anything
you want to ask me now?
A No.
o Are you sure? Okay. All right. We will see
if these attorneys have any questions they want to ask.
BY MR. O'BRIEN:
o Do you remember me from this summer when we
21
1 talk~d in my office in the summer?
2 A Yes.
3 Q And there again, as I asked your sister at
4 that time, you were living in an apartment with your
5 stepmother and your father and it was very crowded and
6 cramped and you were not happy?
7 A Yes.
8 Q At the present time Jennifer explained to us
9 the size of your grandparents' home and the yard and
10 everything that you have there. And that's the kind of
11 house that you would like to live in and stay in?
12 A Yeah.
13 Q Do you know whether your dad intends for you
14 to continue living at that home with your grandparents?
15 A Well, they say that we can't really live
16 there very long because it is hard for them because of the
17 extra and they have already raised three kids. And my dad
18 doesn't want to pressure them.
19 Q That is going to be hard for you because you
20 will have to move again once they say it is time for you to
21 move Oil?
22 A Yes.
23 Q Because we had kind of, you know. the
24 impression maybe that you could stay there for quite awhile,
25 but that's not what you think is going to happen?
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A Yes.
Q Now, your dad he travels a lot, apparently
works away and he is out of the house for days at a time?
A Yes.
Q How long has he been doing that type of work?
A Well, he started about a month before Ronnie
just picked up and left.
Q A month before you all moved suddenly over to
your grandparents' r.ome?
A Yes.
MR. FLOWER: You are referring to Rhonda,
that was your stepmother, is that right?
CYNTHIA: Yes.
MR. O'BRIEN: I have no other questions.
MR. FLOWER: I don't have any.
THE COURT: Would you ask Stanley to come in,
your brother?
(Whereupon, Stanley Carroll Jones
was called into chambers.)
BY THE COURT:
Q Hi, Stanley. Come on in and have a seat.
Let's see, you were born in 1988, right?
A Yes.
Q So you are how old?
A Nine.
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Q And that puts you in the third grade, fourth
grade?
A Fourth grade.
Q And where do you go to school?
A Hamilton.
Q Hamilton. Do you take a bus there from where
you are?
A No.
Q You can't walk, right?
A I can't walk.
Q You can't walk, but you don't take a bus
either?
A No.
Q How do you get to school?
A My grandpa dri.ves me.
Q He drives you to and from school every day?
A Yes.
Q Had you been going to Hamilton -- well, of
course, in August you weren't going to school. What am I
saying where did you go to school last year?
A Hamilton.
Q So this is the same school you have been at
for how long now?
A Two years.
Q Do you like Hamilton?
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A Yes.
o I can tell by the smile on your face you like
school. What's your favorite subject?
A Recess.
o Every fourth grader says that. You must all
talk to each other. Other than recess what's your favorite
subject?
A Gym.
o Okay. You like sports?
A Yeah. This is why I like gym the most
because it is like recess.
o It is like recess. Do you have a favorite
sport?
A Yeah.
o What is it?
A Tennis.
o Tennis. Good for you. You are a tennis
player?
A Tennis, baseball, soccer. That's it.
o I think it would probably be a sport that you
don't like. Do you watch sports on television?
A No.
o So you haven't been following the baseball
play-offs or anything like that?
A No.
25
1 Q Both of your sisters are pretty musicaL. Do
2 you sing or playa musical instrument of any kind?
3 A Piano.
4 Q You are all piano players. You play the
5 oiano at grandpa and nana's house?
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A Yes.
Q And what can you play?
A Twinkle, Twinkle Little Star.
Q Can you play with two hands?
A Yes.
Q That's very good. When you are home and not
at school what are your favorite things to do?
A
Q
you learn that?
A
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sisters?
A
Q
A
Q
A
Q
A
Computer, play outside and piano.
You can also work the computer? Where did
Where I live.
Of course. I meant who taught you, your
No.
You learn it in school?
No.
Your dad?
No.
You just turned it on and figured it out?
Well, I wasn't able to turn it on. I let my
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dad and grandpa do that. Bllt now they let me turn it on.
rE I want to playa CD game, [ don't like get it out, take
it out, put the (,0 in. [let my nana do that,
Q Once they have got it started you play this
game on the computer?
A '(es.
Q By moving a mouse around or do you push the
keyboard?
A I move the mouse around. And the most fun is
the magic school bus that explores the solar system. I like
playing the games and that includes the keyboard.
Q And you fire guns and all that stuff and
shoot things?
A No. I don't fire guns.
Q Oh, okay. You have a less violent program I
guess. Did you see your mom yesterday?
A Yesterday?
Q Just today?
A Yeah.
Q How did you feel about that you haven't seen
her for awhile?
A I felt pretty happy.
Q Okay. Obviously you like to be with your
mom?
A Yes.
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Q How about your situation now, what do you
think about living at grandma and grandpa's house?
A Pretty exciting and pretty dull. The reason
why it is pretty dull is because my really favorite sport is
T.V.
Q And, what, they don't like T.V,?
A They don't really like to watch T.V.
Q I see. Where is the television?
A In the living room.
Q And it is 1I0t on very much, is that the idea?
A Yes.
Q And do you try to turn it on and they turn it
off?
A Well, I usually ask if I can watch a movie.
And I pick out the movie.
Q Like a movie tape on the VCR?
A Yes.
Q Okay. And then you turn on the movie
yourself, you know how to work the VCR?
A Yes.
Q You had lived with your mom for a long ti~e I
guess, right?
A Yes.
Q I heard that you moved around to all
different kinds of places?
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dad.
0
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dad or not.
0
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born.
0
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a You are not sure he is?
A Yeah.
a Okay. All right. I just wondered who gave
you tnat idea, that's all. Anything you want to tell me
about that?
A No.
a Okay. But you are telling me you don't mind
living with your father and your grandparents?
A Yeah.
a Okay.
A But I really want to live with my mom.
a But you really want to live with your mom
down in Florida?
A Yes.
a Okay. How do you get along with your
sisters?
A What?
a How do you get along with your sisters?
A Not much.
a Really. They do girl stuff and you do guy
stuff. Is that sort of where we are at on that?
A Yeah. Kind of I usually do mostly well. Me
and Cindy play Barbies.
a Okay. That's Cindy, but not Jennifer,
Jennifer is a little older?
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1 A She is into reading. Whenever Jenny and
2 Cindy are playing Barbies I am not.
3 Q Anything you want to ask me or anything you
4 want to tell me about your situation that we haven't talked
5 about?
6 A (No response) .
7 Q No? You look like you might have something
8 on your mind or not?
9 A (No response) .
10 Q We will let the lawyers ask you questions if
11 you have any questions.
12 BY MR. FLOWER:
13 Q Anything you particularly like about being in
14 Florida?
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22 only main thing I don't like about Florida is whenever we go
23 to the beach I can't get in the water.
24 Q You can't get in the water, how come?
25 A Well, the winter is mating time for sharks.
A Yeah.
Q What do you like?
A No snow.
Q No snow?
A Yeah.
Q Anything else you like to do down there?
A Since there is no snow I can ride bike. The
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a Mating time for sha~ks?
A For sharks. They usually mate up in the
Mexico Gulf.
a
A
a
A
Does your mom have a boyfriend down there?
Yes.
How do you get along with him?
Pretty good.
MR. FLOWER:
MR. O'BRIEN:
BY MR. O'BRIEN:
a Do you go by the name Stanley, Stan or hey
I think that's all I have.
I have a couple questions.
you?
A I don't go by hey you. Stanley, Stan.
That's about it.
a If I call you Stanley, is that okay?
A Yes.
o All right, Stanley.
A That's my whole name.
o That's your whole name. Do you get to spend
much time with your dad?
A No.
o When you do spend time with him, do you get
to play ball with him or soccer or anything like that?
A No. Nothing.
o He doesn't do anything with you?
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1 A No. He is pretty tired.
2 Q Okay. We understand that he started this new
3 job about a month before you moved to your grandparents'
4 home?
5 A Yes.
6 Q Before that did he spend much time with you?
7 A No.
8 Q So most of the time that you spend doing
9 something with family members is with your sisters then?
10 A Well, before he started the job we weren't
11 getting along.
12 Q Before he started a new job, he and you were
13 not getting along, but someone was getting along, I don't
14 know who that other person was?
15 A Hailey.
16 Q Who is Hailey?
17 A My younger sister.
18 Q So your dad and Rhonda they had two children?
19 A Yes.
20 Q And how old is Hailey?
21 A Four.
22 Q Have you seen Hailey since your dad moved you
23 all into your grandparents' home?
24 A Daddy didn't move us into grandpa's. Rhonda
25 moved us there.
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1 0 Rhonda moved you there?
2 A Yeah. She only left us with like a mystery
3 about why she left. And she only said one thing about why
4 she left.
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10 MR. O'BRIEN: Thanks, Stanley. ,!'hat' s all I
11 have to ask you.
12 THE COURT: You can go on out and watch the
13 fish or whatever you were doing out there. Good meeting
14 you. Take care.
15 (End of proceedings in chambers.)
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0 But you haven't seen Hailey since you moved?
A No.
0 As I understand, you would like to move down
and live in Florida with your mom?
A Yes.
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MR. O'BRIEN: We are ready to proceed. Your
Honor.
THE COURT: Go ahead.
Whereupon,
JOANNE M. JONES
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. O'BRIEN:
Q Would you state your name, please?
A Joanne May Jones.
Q And, Joanne, how old are you?
A Thirty-one today.
Q Now, the Judge and Mr. Flower and I were
talking with your children just awhile ago. And the Judge
needs to get some informati.on about your history and your
present circumstances. And we were talking about that just
prior to your taking the witness stand, is that correct?
A Correct.
Q Now, it would appear that last summer, that
is the summer of 1996, that the children moved with their
father, is that correct?
A Correct. Yes.
Q Prior to that time where had the children
lived?
A With me.
3S
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Q
one another?
A
Q
A
Q
A
Q
A
Q
~2 Q Did he exercise those times of visitation on
23 a regular basis?
24 A No.
25 Q As to the scheduled times, approximately what
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percentage of the tLme wouLd he exercise his right to spend
time wLth the chi.ldren?
A r wouLd say about seventy to eLghty percent.
0 Now, Ln July of ' 96 you agreed that the
children could go live wLth hLm?
A Yes.
o Could you explain why you agreed to that
arrangement?
A The children had lived with me all of their
lives that they had known. And they told me that their
father has changed, that he quit doing drugs. He quit
smoking. He quit smoking cigarettes, and that he has
changed, and that he was happier. And they wanted to give
him a chance, and they wanted to get to know him. So I
finally agreed to allow that.
o Now, from what I see in the court records
though during this same time period you had changed your
home on a number of occasions?
A Yes.
o What was the reason that you were changing
your residence on so frequent a basis?
A Well, first of all, money has always been a
problem, because I didn't get child support on a regular
basis all the time. And at that time r did not have a job.
I was unemployed.
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1
2
Q Were you collecting assist3nce, public
assistance, or anything like that?
A No. Not at the time.
Q When you say at the time, could you be more
specific as to what time frame you are talking about?
A From November of that year I was fired from
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my job.
Q November of 1995 or...
A '95.
Q '95?
A Yes. I was fired from my job. And I was
collecting unemployment until November of '96. And in that
time I could not find a job. I had moved to Bloomsburg.
And there was no jobs up there.
Q What type of job had you had that you were
terminated from in November of '95?
A I was driving truck.
Q That's presently what you do also?
A Yes.
Q How long have you been employed as a truck
driver?
A My recent job?
Q Just overall since the children came along
into your lives?
A I got my CDL in '93.
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Q Prior to 1993 what type of employment had you
done?
A I had worked in kitchens. I worked as a
night clerk in hotels, pretty much any job I could find.
Q And then in '93 you got your CDL license?
A Yes.
Q And how many different employers did you work
with after you got your CDL license?
A Four -- five.
Q Now, you gave the children over to their
father in July of 1996, and then where did you move to?
A I moved to Bradenton, Florida.
Q Why did you select Bradenton, Florida. as a
location to settle in?
A Because I love the beaches. It was a nice
area. I was hoping to get in with Tropicana. In some of
the factories down there there is a lot of work. There is a
lot of trucking industry.
Q When did you move to Bradenton and what
month?
A I moved in the beginning of July of '96.
Q Just about the same time or coincidental with
the time that the children went to live with their father?
A Correct.
Q Now, since you have been down there, what
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kind of employment have you had?
A I drove dump truck for a company. I started
there right after Christmas. And I worked there up until
this past July. Whenever I came and went back home after
dropping the children off the company had gone out of
business while I was up here. So I did not have a job. And
again I recently gained employment with another trucking
company driving dump truck with my past employer's help.
a With your past employer's help?
A Yes.
a That's the company that went out of business?
A Yes.
a What company are you presently working for?
A Woodruff and Sons.
a And could you tell us a little bit about the
size of that company?
A Woodruff and Sons is a nationwide contractor.
I walk half a mile every morning back to my truck. It is a
huge operation.
a How big an operation is the truck terminal or
the area that you work out of down in Bradenton?
A We work allover Florida, allover the state
of Florida.
a would that entail your being away from home
over nights?
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---.
A NQ.
Q Could you tell us what you anticipate or are
experiencing as your present work schedule with Woodruff?
A With Hoodruff. Well, I work from 6:30 in the
morning to 5:30 at night. My pay is $7.00 an hour. They
pay one hundred percent of medical benefits. It is like a
family.
Q Is $7.00 per hour like an appropriate wage
rat~ for a dump truck driver in Florida?
A Yeah, I guess. I know some of the companies
pay a little bit better. But I don't have enough experience
to get one of those jobs.
Q Now, are you involved with a gentleman in
Florida?
A Yes, I am.
Q Could you tell us his name and his age and
how long you have been seeing him?
A His name is Richard Biggs. He is thirty-six.
And I met him shortly after I moved to Florida. It was
about a month after I met him I moved in with him. And we
have been together since.
Q And what is the type of relationship that you
have with him?
A We have threatened to get married.
Q Does he threaten you or do you threaten him?
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A We threaten each other.
Q What is the size of the home that the two of
you share at the presen~ time?
A Presently it is an efficiency apartment.
There is like a large living room, bedroom, a kitchen and a
And there is a lanai out in the front.
What is a lanai?
It is a large porch built in.
Is it screened in or glassed in?
No. Not right now.
Now, where does he work?
He works for Tropicana.
How many years has he been employed there?
He has been there eleven and a half years,
And what type of work does he do at
shower room.
Q
A
Q
A
Q
A
Q
A
Q
Tropicana?
A
Q
at Tropicana?
A He grosses $600.00 a week, sometimes more.
Q How much time has he spent with your
children?
He is a pipe fitter.
What income does he make from that employment
A He spent a week at Christmas and the whole
month of July with my children.
Q And from your observations what kind of
42
1 relationship does he have with Jennifer, Cindy and Stanley?
2 A He loves my children. He told me that he
3 wished his children were more like mine.
4 Q How old are his children?
5 A Sixteen -- well, fifteen, fifteen and ten.
6 Q He is presently obviously separated from his
7 wife. Does he see his children on a regular basis?
8 A Yeah,
9 Q And where do they live?
10 A They live in the house that he and his wife
11 had bought in East Bradenton.
12 Q So that's right in the same area where you
13 are?
14 A Yes,
15 Q If the Judge were to make arrangements for
16 the children to spend more time with you on a basis, what
17 arrangements have you made, or can you make, to get more
18 rooms in your home for the children?
19 A We have decided that we are going to move to
20 East Bradenton into a larger home. My landlady has several
21 homes. And she loves us to death. So she offered us -- she
22 has been offering us for the last year a bigger home. So
23 any time we want one we have it.
24 Q East Bradenton and Bradenton, how big -- I
25 mean, are those separate communities or...
43
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1 A No. It is the same city. It is just the
2 east side of Bradenton they call East Bradenton. And the
3 west side is the west side.
4 Q Are you familiar with the schools down there?
5 A Yes, I am.
6 Q Do they have a similar school system as here
7 in Pennsylvania where they have grammar schools and middle
8 schools and so forth?
9 A Yes. The schools in East Bradenton are much
10 better than the schools in the area I am in right now. So
11 that's another reason for moving that way.
12 Q Now, you have lived then with your boyfriend/
13 fiance for about ten months?
14 A Roughly a year.
15 Q Roughly a year?
16 A Yeah. Almost a year.
17 Q We would like to know, you know, we have
18 heard that you threatened to marry one another, but I mean
19 the court has to understand how stable that relationship is.
20 Could you articulate and perhaps give us some more
21 illustrations of why you think this relationship will
22 continue?
23 A I am very happy with him. I feel safe with
24 him. And he feels safe with me. We have a great
25 understanding of each other's needs. I miss him.
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a What hours does he work as a p:pe fitter at
the Tropicana factory?
A 7:30 to 4:00.
a And that's a Monday through Friday schedule?
A Monday through Friday.
a And your work schedule yo~\ said it was, what,
6:30 to 5:30?
A 6:30 to 5: 30.
a Is that a Monday to Friday schedule also?
A Yes, it is.
a Are there day-care facilities available for
the children for after school while they are young?
A Yes, there is.
a And have you inquired as to the cost and the
location of those?
A Yes, I have.
MR. O'BRIEN: I have no other questions, Your
Honor.
CROSS-EXAMINATION
BY MR. FLOWER:
a Mrs. Jones, you are working presently at
Woodruff and Sons?
A Yes.
a And how long did you say you have worked
there?
45
Before that I worked with Sarasota Trucking.
How long did you work for Sarasota Trucking?
I believe it was the beginning of March.
So that was maybe six months?
Roughly, yeah.
Did you work for them six months, am I
getting that right, or was it a shorter per.iod of time?
A I think it was like five and a half months,
almost six months.
And that takes us back to about March of '97?
Yes.
What job did you have before that?
Before that I did not have a job.
Okay. So that from July '86 to March of '87
Unemployed.
Unemployed. Okay. What's your present
address in Bradenton?
A 1512 13th Street West, Apartment A.
Q How long have you been in that specific
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apartment?
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I just started two weeks ago.
Okay. What job did you have immediately
A Since August of '96.
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o August of '96. Okay. Now, you remember the
petition which we filed before the last agreement for
custody in which we set forth eighteen different addresses
you have had over several years?
A Yes.
o Was that accurate pretty much?
A No.
o What inaccuracies appeared in that, do you
recall?
A No. I don't recall. But there was plenty of
them.
o Well, was that approximately the number of
places that you had lived during that period of time?
A It was fairly close, yes.
o Okay. That's fine. Now, before today when
was the last time you saw the kids?
A The last day in July when I dropped them off,
o How do you keep in touch with them in the
period when you are in Florida and they are up here?
A The only way I am allowed to is by writing to
them. And that's only, from what I understand, if Jenny
gets the mail before their father and the stepmother got
home.
o Well, you can call, can't you, Mrs. Jones?
A No. I have tried to call.
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1 MR. FLOWER: I think that's all I have for
2 Mrs. Jones.
3 REDIRECT EXAMINATION
4 BY MR. O'BRIEN:
5 0 In regard to phone contacts, you would like
6 to have phone contacts with the children while they are at
7 their grandparents' home?
8 A I would love to. but I don't see it
9 happening.
10 0 Why is that, ma'am?
11 A Every time I called in the past Stan told me
12 that it created problems. that the children would act up
13 afterwards. And I decided I didn't want to cause that kind
14 of problems, because I knew it would come back on me.
15 0 Jennifer said that she likes to write with
16 you, to communicate with you?
17 A Right.
18 0 How often do you write one another?
19 A Usually about once, sometimes twice a month.
20 Sometimes more depending on whether I am working or not or
21 what she is doing.
22 Q Do you have the phone number of the home that
23 the children are living at now?
24 A No, I don't. I just recently found out where
25 they were living.
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1 Q When did you find out that they had moved?
2 A October 3rd I received a letter from my
3 daughter telling me the story what had happened.
4 Q That was from your daughter Jenni fer?
5 A Yes.
6 Q Did the other children include anything in
7 that letter?
8 A Stanley doesn't like to write. And Cindy,
9 from what I understand, spends almost all of her time with
10 her friend Lauren. And she hardly ever goes home.
11 MR. O'BRIEN: That's all I have then.
12 RECROSS EXAMINATION
13 BY MR. FLOWER:
14 Q Mrs. Jones, you indicated that your husband
15 had told you that Stanley acted up after you called?
16 A No. He said the children act up after I
17 call.
18 Q Okay. So then you decided not to continue to
19 call, is that correct?
20 A Correct.
21 MR. FLOWER: Nothing further, Your Honor.
22 THE COURT: Thank you. You can step down.
23 Do you have any other testimony for today?
24 MR. O'BRIEN: No. I do not, Your Honor.
25 THE COURT: Mr. Flower, is there anything you
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1 want to offer for the r'Jcord toddY? I think we ought to get
2 the testimony of tho children transcribed and set a time and
3 see where we are. Sh... has dghts of pa>:tial custody over
4 Chr istmas'l The re if! no qUNlt ion about that?
5 MR, O'BRIEN: No. She apparently...
6 THr.: COURT: We will have the rest of the case
7 heard be fore Easter. I just wanted to make sure that there
8 is no quest Lon about custody. And it would seem to me that
9 an order setting further hearing that we could include some
10 provi8Lon concernlng teiephone access.
11 MrC FLOWER: Your Honor, I have had a chance
12 to turn a.fOund and talk to the grandparents. And they
13 certainly have no problem with Mrs. Jones calling. And they
14 certainly assured me that they are very happy to have the
15 children in their home, and are very concerned, and would
16 like to have the children and their father remain there.
17 THE COURT: Well, certainly by the beginning
18 of the next calendar year I would have available to me
19 report cards from the children. Perhaps your client, Mr.
20 O'Brien, will have made some definite decision as to whether
21 she i8 goinq to move, or do I hear her saying that she may
22 not her move may be contingent upon whether she is
23 granted custody or not?
24 MR. O'BRIEN: She indicates, Your Honor, that
25 she is movLng.
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1 THE COURT: Is moving in any event. So we
2 would then have available to us, if we have to take her
3 further testimony by telephone, perhaps we can do that. I
4 sense that I will know more about this case a little later
5 on. The situation at the grandparents' home will have had a
6 chance to stabilize. So unless there is some testimony you
7 want to offer today, Mr. Flower, I would propose to set an
8 early date in '98 and complete the record in this case and
9 make some decision when we have more information that's
10 available.
11 MR. FLOWER: That's agreeable to us, Your
12 Honor.
13 THE COURT: Let' 8 do that. And let me tell
14 both parents, cute kids, smart, delightful.
15 We will be in recess.
16 (End of proceedings.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurateLY in the notes taken by me on
the above cause and that this is a correct transcript of
same.
!6.ukui i'.XktdQAJ( ~
Barbara E. Graham
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
"bc.~
Date
'I iff}
,
/IlL
A. Hess, J.
Judicial District
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