HomeMy WebLinkAbout96-01728
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3. The pertles shall alternate the major holidays, those major
holidays being defln'ld as July 4th, Labor Day, Thanksgiving, Easter,
and Memorial Day. Fathar shall have the child on July 4th in 1 996,
and the schedule shall alternate thereafter. These periods of partial
custody shall be from 9:00 a,m. until 8:00 p.m,
4. The parties shall share the Christmas holiday. Mother shall
have the child from 12:00 noon on Christmas Eve until 8:00 p.m. on
Christmas Eve at which time Father shall pick up the child from the
Mother's resid~nce or other place where Mother dosignates. Father
shall have the child from 8:00 p.m, on Christmas Eve until 5:00 p.m.
Christmas Day at which time Mother shall pick up the child from
Father's residence or other place where Father designates. Mother will
then have the child until 26 December at which time the normal
schedule will continue.
5. Mother shall have the child on Mother's Day, and Father
shall have the child on Father's Day. These periods of partial custody
will be from 9:,)0 a.m. until 8:00 p.m.
6. Each party is entitled to two non-consecutive weeks of
uninterrupted custody with the child which can occur throughout the
year. Each party is to provide the other with thirty (30) days advance
notice as to when he or she intends to exercise these periods of
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crib, which had been in petitioner's filmily for milny years ilnl! il few of the child's
toys. It is admilled that respondent originally went to Iiw with her mother, 11 is
del1ied that respondent was thrown out of her pilrent's home or that respondent
lived in numerous residences before moving in with her maternal gri'\ndmother.
Respondent moved herself and her son directly from her parent's home into her
grandmother's home, this was due to a hea1lh problem suffered by her futher,
7. It is denied that since December 1995 that the child hilS lived four to
five days pel' week with petitioner and the remainder of the time with his maternal
grandmother. Due to petitioner's situation of being unemployed ilnd hls tht?refore
being home more, petitioner requested additional time with his son and
respondent complied with his requests. Respondent is employed and has been
continually since her son was nine months old. When she is ill work her son is
with her mother, Janet Theadore. Respondent has never denied petitioner's
request to see his son without good cause, i.e" other plilns, illness or weilther,
8. Admilled,
9. Admilled.
10. It is denied that service was ever allempted on respondent.
Respondent has never lived at the ilddress shown on the envelope illlached to
petitioner's claim. Petitioner has known respondent's address and whereabouts
continually, The parties speak on the phone numerous times per week. Petitioner
picks his son up when he has visitation ilt both respondent's residence or her
parent's residence. In addition, on April 18, 1996, respondent's illlorney mailed a
leller to petitioner with a suggested
2
custody agreement, by that letter, a copy of which is attached hereto, petitioner was
made aware that respondent was represented by counsel, service Clluld have been
effected through counsel.
11. It is denied that service was made to respondent on lun!? 6, 19'16,
rather on June 9,1996, respondent was handed a copy of the Complaint by Donald
Gingrich, petitioner's roommate, when she arrived to pick up her SOil at
petitioner's residence. It is admitted that respondent's attorney was served on June
10,1996.
12. Admitted.
13. It is admitted that the parties appeared at a support conference filed by
petitioner, however, petitioner filed for a reduction, rather then to terminalI.'.
Petitioner's request was denied,
14, It is admitted that petitioner tel~phoned Mrs, Theadore on June 13,
1996 and requested to see his son. It is denied that this is "per usual" agreement,
and it is further denied that the child resides with his grandparent's,
15, It is denied that Mrs, Theadore denied petitioner's request. Mrs,
Theadore informed petitioner that she did not want to get in the middle and that
petitioner would have to speak directly with respondent.
16, It is denied that the child's best interest is served by what petitioner
terms as a custody arrangement. Petitioner is a single male, living in a small
apartment with another single male, The child has no bedroom at petitioner's
home, but sleeps either in a crib or in his father's bed,
17. It is denied that the petitioner has been the primary caregiver of the
child. During the first nine months of the child's life, petitioner was required to
work outside the state and the country for weeks at a time. It is alleged that at this
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LAWRENCE E. WELLER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
','L, 1'/.)1 C~i,il .,i,~.-
NO.
v.
JENNIFER GARLAND
Defendant.
CIVIL ACTION
PETITION FOR CUSTODY
AND NOW comes the Plaintiff, Lawrence E. Weller, by and
through his attorney, Jan L. Brown, and files this Petition for
Custody and in support thereof avers as follows:
1. Plaintiff is Lawrence E. Weller, an adult individual
residing at 205 1/2 East Locust Street, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. Defendant is Jennifer Garland, an adult individual
residing at 1120 Fishing Creek Valley Road, Harrisburg, Dauphin
County, Pennsylvania 17112.
3. Plaintiff seeks primary physical and legal custody of the
following minor child:
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ADDRESS
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Michael Lawrence Weller
205 1/2 East Locust Street
Mechanicsburg, PA 17055
4. The child was born out of wedlock.
18 lID.
5. Michael is presently in the custody of his father,
Plaintiff Lawrence E. Weller, who resides at 205 1/2 East Locust
Street, Mechanicsburg, Pennsylvania.
6. During the last five years the child has resided with the
following persons at the following addresses:
.
From birth to
Garland, 205
Pennsylvania
December 1995--Lawrence Weller and Jennifer
1/2 East Locust Street, Mechanicsburg,
December 1995-January 1996--Jennifer
grandmother, Janet Theodore, at 1440
Harrisburg, Pennsylvania
January 1996-March 26, 1996--60\ with Lawrence Weller, 205 1/2
East Locust Street, Mechanicsburg, Pennsylvania and 40\ with
Janet Theodore, maternal grandmother, at 1440 Fishing Creek
Valley Road, Harrisburg, Pennsylvania
Garland and child's
Fishing Creek Valley,
March 26 to present--Lawrence Weller, 205 1/2 East Locust
Street, Mechanicsburg, Pennsylvania
7.
The Plaintiff is the father of the child.
He is not
married and resides with his son.
8. The Defendant is the mother of the child. She is married
and resides in a house with approximately ten other persons whose
names are unknown.
9. Plaintiff has not participated as a party or witness, or
in other capacity, in other litigation concerning the custody of
the child in this or another court.
Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth or in
another state or commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
10. The best interest and permanent welfare of the child will
be served by granting the relief requested because Plaintiff is the
father of the child and has always been the primary caregiver. He
can provide the best care for the child, inciuding physical and
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emotional care. The Defendant has a volatile temper and has abused
the Plaintiff by striking him in the face, and has abused the child
by shaking him.
Mother left the Father's residence to live with the child's
maternal grandmother.
Mother was "thrown out" of the maternal
grandmother's home and has moved frequently living in different
houses with different persons.
11. Each parent whose parental rights to the child has not
been terminated and the person who has physical custody of the
child has been named as parties to this action.
WHEREFORE, Plaintiff requests this Court to grant him primary
physical and legal custody of the minor child Michael Lawrence
Weller.
Resreltfu:l~ sUbmitted,
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~an ~. Brown, Esq.
Atto,ney 1.0. No. 67993
845 Sir Thomas Court
Suite llA
Harrisburg, PA 17109
(717) 541-5550
ATTORNEY FOR PLAINTIFF
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1728
LAWRENCE E. WELLER
plaintiff
JENNIFER GARLAND
Defendant.
CIVIL ACTION
ORDER or COURT
ARTINO E~~ENCY RELlEr
AND NOW, this If-"ctay Q~~ , 1996, upon motion
of Jan L. Brown, Esq., attorney for Petitioner, and after review of
the attached Petition for Emergency Relief, it is hereby ORDERED
AND DECREED .~_.. r
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BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1728
LAWRENCE E. WELLER
Plaintif f
JENNIFER GARLAND
Defendant
CIVIL ACTION
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Petitioner, Lawrence E. Weller, by his
a~torney, Jan L. Brown, Esq., and requests this Honorable Court to
grant primary physical custody pending a custody conciliation
conference of the minor child, Michael L. Weller, born September
10, 1994, and sets forth the following in support thereof:
1. The petitioner is Lawrence E. Weller, who currently
resides at 205 1/2 East Locust Street, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. The Respondent is Jennifer Garland, who currently resides
at 1440 Fishing Creek Valley Road, Harrisburg, Dauphin County,
pennsylvania 17112.
3. The petitioner is the Father and the Respondent is the
Mother of the minor child, Michael L. Weller, born September 10,
1994.
~. The child lives with petitioner four to five days a week
and visits Respondent's mother two to three days a week.
5. The child does not live with Respondent.
6. The Respondent left the parties' residence in November,
1995 to live with Respondent's mother. Respondent was "thrown out"
of her mother's residence and lived in numerous residences until the
Respondent went to live with her grandmother.
7. Since December 1995 the parties' child has lived with
Petitioner four to five days a weak, from Thursday to Monday. The
child spends the remaining two to three days a week with the
maternal grandmother. The child does not reside with the
Respondent.
8. On April I, 1996, the Petitioner filed a Petition for
Custody (a copy 0f said Petition is attached hereto and
incorporated herein as Exhibit A).
9. A conciliation conference was scheduled for May 9, 1996
before Michael Bangs, Esq. (a copy said Order is attached hereto
and incorporated herein as Exhibit B).
10. Service of the Custody Complaint was attempted on
Respondent's last known address but returned (a copy of said
returned envelope is attached hereto and incorporated herein as
Exhibit C).
11. Service of the Custody Complaint was made by persoral
service on Respondent on June 6, 1996 and to Respondent's attorney
on June 10, 1996.
12. Due to a conflict with Respondent's attorney's calendar,
the custody conciliation scheduled for June 13, 1996 was
rescheduled to June 26, 1996.
13. On June 10, 1996, Petitioner and Raspondent appeared Jt
a support conference filed by petitioner to terminate child support
liS the parties' child does not live with the Respondent and has not
since December.
14. On JUlie 13, 1996, Petitioner telephoned Respondent's
mother to pick up Mikey per the usual arrangement (Thursday through
Monday with PetitIoner-Father and Monday through Wednesday with
Respondent's mother, not Respondent).
15. PetitIoner was told by Respondent's mother that Respondent
had Informed her not to allow PetitIoner to take the child, or
allow PetitIoner to see his chIld.
16. The refusal of Respondent and Respondent's mother to allow
PetI tioner to have Mikey especIally after the last six month
custody arrangement. Is clearly not In the child's best Interest.
17. The PetItIoner has been the prImary care gIver provIding
love, care and fInancIal stability to the child.
18. The petitioner is willing and able to provIde a stable
and lovIng hOllle to MIkey unt.i1 the resolut.Ion of the pendIng
custody matter.
WHEREFORE, the PetItioner, Lawrence E. Weller, respectfully
requests the Honorable Court to enter an Order grantIng him
temporary physIcal custody of MIchael L. Weller, pendIng a custody
concilIation and further Order of Court.
submitted,
By: ,
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Ja~ L. Brown, Esq.
-~rney No. 67993
845 Sir Thomas Court
HarrIsburg, PA 17109
(717) 541-5550
Attorney for PetItIoner
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i!Wll'ICATION
I verify that the statements made in this Petition for custody
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.J\. Section 4904
relating to unsworn falsif.ication to au horitie .
By:
Date: '161cth
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LAWRENCE E. WELLER,
Plaintiff
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IN THE COJRT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 96.1728 CIVIL TERM
JENNIFER GARLAND,
Defendal1t
CUSTODY /VISIT A TION
QBQER OF COURT
AND NOW this ,,::; ./A day of ;1'kA(~ / 1996/ at the raquest
of Counsel for Plaintiff / the custody conference originally set in this case has been
continued for a period of thirty days in order that the Defendant may be served
with the Custody Complaint filed in this case. The conference will now be held at
10:00 a.m. on Thursday, 13 June 1996.
FOR THE COURT,
fil141
MICHAEL L. BANGS
Custody Conciliator
cc: Jan L. Brown, Esquire
Ms. Jennifer Garland, pro se
EXHIBIT B
. \.~ (t N e., E:., \J d \c:..r-
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
.)el'\C\\ '" (" Gcu 'In" ~
Defendant
: CIVIL ACTION LAW
; NO, \ 1,)7) CIVIL I9'Ib
: CUSTODY VISITATION
ORDER OF CQllBI
And now, this ;jl'~ l'1Ci . upon consideration oftne allachcd complaint. it is hereby directed
that the above parties and the.ir respective counsel appear before Mlc hie: \ L ("(ll'V) ',> ,
Esquire, the conciliator, at)(J,\ ':, ,~;z; \""~~" Co'(\? \\\ \ \ . '
Pennsylvania, on the \ day of I-\~\\ \ ,1999, at q, ()\j A.M,~,
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 age five or older may be present at
the conference, Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By:
\\'Uc% () Q.x!i .
Custody Conciliator
{)n~Jf~
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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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE. PA 17013
(717)249-3166
1-800-990-9108
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3. The parties shall alternate tha major holidays, those major
holidays being defined as July 4th, labor Day, Thanksgiving, Easter,
and Memorial Day. Father shall have the child on July 4th in 1996,
and the schedule shall nlternntn thereafter. These periods of partial
custody shall ba from 9:00 a,m. until 8:00 p.m.
4. The parties shall share the Christmas holiday. Mother shall
have the child from 12:00 noon on Christmas Eve until 8:00 p.m. on
Christmas Eve at which time Father sholl pick up the child from the
Mother's residence or other place where Mother designates. Father
shell have the child from 8:00 p.m. on Christmas Eve until 5:00 p.m.
Christmas Day at which time Mother shall pick up the child from
Father's residence or other place where Father designates. Mother will
then have the child until 26 December at which time the normal
schedule will continue.
5. Mother shall have the child on Mother's Day, and Father
l:hall have the child on FFlthfJr's DEl'!. These periods of partial custody
will be from 9:00 a,m. until 8:00 p.m.
6. Each party is entitled to two non-consecutive weeks of
uninterrupted custody with the child which can occur throughout tha
year. Each party is to provide the other with thirty (30) days advance
notice as to when he or she intends to exercise these periods of
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JAN L. BROWN
'.11 IUt THOMAI eOU"T, IUITI: .
HARRISBURG. PENNSYLVANIA 171011
'''.141....0
LAWRENCE E WELLER.
Respondent
IN TilE COURT OF COMMON Pl.EAS Of
CUMBERI.AND COUNTY. PENNSYLVANIA
vs
NnlJ6-I7.211 CIVil. TERM
CIVIL ACTION -l.AW
JENNIFER GARLAND.
Petitioner
IN CUSTODY
ANSWi:R'I'O PKITnON FOR ClIS'I'OJ)\' I\IOJ)U'I<'ATION
AND NOW. comes the Respondent. l.A WRENCI: E WI:I.LER. by and through his attorney,
Jon 1.. Brown. Esquire and avers as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Respondent (Father) has primary physical custody of Michael, the panics'
child. For the pusttwo and a half years Petitioner (Mother) has had panial custody. For the past two
and a half years Mother has not utilized her visitation rights (Sunday at 9:00 a.m. until Wednesday
at 11:30 a.m.).
5. Admitted.
6. Denied. With Mother's agreement. Father has enrolled their child in a kinderganen
in Father's school district. Michael. their child, attends preschool in Father's neighborhood. Father
is willing to w(lrk with Mother ill order to continue the current cusllldy arrangement during the
school year.
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7. Denied. Father has enrolled Michacl in preschool. The Father and his wite listed
Mother as a contact person tilr Michael's current day care lacility.
8. Father continues to ath:mpt to establish strong communicntllln and a strong
relationship with Mother. Father has repeatedly allempted to avoid advcrsarial relationships with
Mother. Father has communicated with Mother regarding legal and important mailers lilr their child
Michael in every occasion, this includes all doctor appointments, school choices, and uny uctivities
beyond duily routine uctivities. Furthcr, Father and his wile initiated lamity counseling to resolve
lamily problems.
9. Denied. This allegation constitutes an infcrence and theretilre no response is
rcquired.
10. Denied. Father has primary physical cllstody under which Michael has been thriving.
Mother secs child two and half days pcr week during which time Michael is left with the maternal
grandmothcr during Monday and Tuesday (7:30 a.m to 5:30 p.m.) Father is a stay-at-home lather
who has becn providing a loving, sate, stable and secure environmentlilr Michacl undcr which
Michael is thriving. Fathcr is willing to continuc current custody schcdule. Thc schedule was
agrced upon lor the convenicnce of Mother's work schedule during the school year. In thc event that
Mother refuses and rejects the concept of shared physical custody during the child's school year,
Fathcr rcquests the Court will award him sole primary physical custody during the school weck, and
award mothcr partial physical custody on alternating weekends.
WIIEREFORE, Rcspondent requcsts this Honorablc Court to reatlirm the cllrrent custody
ordcr dated July 8, 1996 or in the alternativc, modil): the custody order to grant Rcspondent primary
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LAWRENCE E, WELLER, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
VS. )
) NO, 1728 CIVIL 1996
Jf.NNIFER GARLAND, )
Defendant ) CUSTODY /VISITATION
ORDaR
AND NOW, this _____3_.~__ day of _fYl.:~____
, 1999,
upon review of the Concil iator' s Heport, it appearing that the
parties have agreed to the terms and provisions of this Interim
Order which was dictated in their presence and approved by them and
their counsel, it is hereby ordered and directed as follows:
1, The parties agree to submit themselves and their minor
children and anyone else deemed appropriate to a custody
evaluation. The custody evaluation is to be performed by
Jessica Hart at New Passages,
The parties agree to
evenly share the cost of that evaluation. The parties
agree that they shali cooperate with any and all
requirements set upon them by the evaluator so that the
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evaluation can be compieted in a timely fashion,
2. The part.iea ahall recor.vene for another cuatody
conciliation before Michael L. .an9., aaquire, on
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LAWRENCE: E, WELLER, ) IN THE: COURT OF COMMON PLE:AS
Plaintiff ) :lE' CUMBERLAND COUNTY,
) PENNSYLVANIA
VB ~ )
) NO, 1728 CIVI L 1996
JE:NNI !"ER GARf.1\ND, )
Defendant I CUSTODY !VIS 1 'rAT ION
QRl;lJID
AND NOW, this _u.._~.'~..____ day )[ ____.._~~-,-.---..-----, 1999,
upon review of the Conci liator'~; Ilepert, it appearing that the
parties have agreed to the terms nd provisions of this Interim
Order which was d.icti1ted in their. P" ~~lt~nCe and arproved by them and
their counsel, it is hereby orduro' and directed as follows:
1. The part ies agree to sur- n,i t themselves and their mi,nor
..
children and anyone else '!12em,}d appropriate to a custody
evaluation. The custody I 'valuation is to be performed by
Jessica Hart at New Pa,,]ages.
The parties agree to
evenly share the cost of that evaluation. The parties
agree that they shall cooperate with any and all
requirements set upon thl rn by the evaluator so that the
evaluation can be completed in a timely fashion,
2. The parties shall roc onvene for another custody
conciliation before Mi~hael L. Bangs, Esquire, on
~LV I
,1999,. .t J(ctJk.m.
child's birth, He believes that the child is ready to begin
kindergarten this year and that the child would be better served by
living with him primarily.
Apparently, the Father has been staying at home since December
of 1998. He and his current wife had a chiid as of July 17, 1999
and he plans to stay home with that child while the wife returns to
work.
6. The Defendant's position on custody is as follows: Mother
believes that the child is not ready to go to school at this point.
Since the Father is at home and she is working, she does not have
a problem with the child being with the Father during the day.
However, she does not believe it is appropriate for the child to
start kindergarten.
Mother indicated that in her schooi district, the child would
not be eligible to start school this year, She believes that the
current arrangement is appropriate until school commences.
However, once school commences, she believes the child should be
with her primarily.
She complains that the Father does not keep her aware of what
is going on with the child. She cited instances of the Father
signing the child up for different things or taking the child to
the doctor without keeping her fully informed.
7. Need for separate counsel to represent child: Neither
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party requested.
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8, Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9, A hearing in this matter will take one (1) day.
10. Other matters or comments: The parties in this case
originally agreed to have an evaluation performed. After the last
conciliation, however, a support conference was hoOld and as a
result of that support conference, Mother indicated that she did
not have the funds necessary to pay for the evaluation. Even
though the custody order indicates that the parties have a shared
custody schedule, the support order was entered against Mother
because she actually has the child less time than the Father.
The parties have an inability to communicate, The major issue
that is before the Court is whether or not the child should start
school in the fall. Father says the child is ready and Mother says
the child is not. [n any event, the battle concerning the child's
school will either take place this fall or next fall. Both parties
feel quite strong in that the child should be with each one of ~hem
and attend their respective school districts.
The parties have been operating under essentially a shared
arrangement since 1996. Given thH fact that the child is now of
LAWRENCE E, WELLER, } IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
V5. )
) NO. 96-1728 CIVIL TERM
JENNIFER GARLAND, )
Defendant ) CIVIL ACT ION - LAW
) CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Edward Guido
CUSTODY CONCILIATION CONll'l:RENCII: StDeQRy Rll:PORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
19l5.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child who is the
subject of this litigation is as follows:
&m;
BIRTHDATE CURRENTLY IN
CUS'rODY OF
Mlchael Weller
September 10, 1994 Plaintiff and
Defendant
2, A Conciliation Conference WdS held on July 1, 1999, and
the following individuals were present:
the Plaintiff and his
attorney, Jan L, Brown, Esquire; the Defendant appeared with her
attorney, James L, Kayer, Esquire.
3. Items resolved by agr.eement: See attached Order.
4, Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: Father
suggested he has been the primary caretaker of the child since the
child's birth. He believes that the child ill ready to begin
kindergarten this year and that the child would be better stlrvlld by
living with him primarily.
Apparently, the Father has been staying at home since December
of 1998. He and his current wite had il child all of July 1'1, i999
and he plans to stay home with that child while the wife retlJrns, to
work.
6, The Defendant's position on custody is as follows: Mother
believes that the child is not ready to 'lQ to school at this point,
Since the Father is at home and she is work.lng, she dews not hdvu
a problem with the child being with the Father durinq thll day.
However, she does not believe it is appropriate tor the chi ld to
start kindergarten.
Mother indicated that in her school district, tho child wouid
not be eligible to start school this year. She believes that tho
current arrangement is appropriate IJnt i I school ~:('mmIJnCllH,
However, once schoo 1 commences, she bel it~V~JS t hll ch i id f'hOIJ id bu
with her primarily.
She complains that the Father does not keep her dW,1ro of what
is going on with the child. She cited inst,ances ot the Fathur
signing the child up for different things or. taldn'l the <:hl id to
the doctor without keeping her fully informed,
7. Need for separate counsel to represent child: Neither
party requested,
6. Need for independent psychological evaluetion or
counseling: None requested and the Conciliator does not believe
any is necessary,
9, A hearing in this matter will take one (1) day.
10, Other matters or comments: The parties in this case
originally agreed to have an eva:uation performed. After the last
conciliation, however, a support conference was held and as a
result of that support conference, Mother indicated that she did
not have the funds necessary to pay for the Gvaluation. Even
though the custody order indicates that the parties have a shared
custody schedule, the support order was entered against Mother
because she actually has the child less time than the Father.
The parties have an inability to communicate, The major issue
that is before the Court is whether or not the child should start
school in the fall, Father says the child is ready and Mother says
the child is not. In any event, the battle concerning the child's
school will either take place this fall or next fall. Both parties
feel quite strong in that the child should be with each one of them
and attend their respective school districts.
The parties have been operating under,nssentially a shared
arrangement sLnce 1996. Given the fact that the child is now of
child's birth. He believes that the child is ready to begin
kindergarten this year and that the child would be better served by
llvlng with him prlmarily.
Apparently, the father has been staying at home since December
of 1998. He and hls current wife had a child as of July 17, 1999
and he plans to stay home with that child while the wife returns to
work,
6, The Defendant's position on custody is as follows: Mother
believes that the child ls not ready to go to school at this point.
Since the Father is at home and she is working, she does not'have
a problem with the child being with the Father during the day:
However, she does not believe it is appropriate for the child to
start kindergarten.
Mother indicated that in her school district, the child would
not be eligible to start school this year. She believes that the
current arrangement is appropriate until school commences.
However, once school commences, she believes the child should be
with her primarlly.
She complains that the Father does not keep her aware of what
is going on with the child. She cited instances of the Father
signing the child up for different things or taking the child to
the doctor without keeping her fuLly informed.
7. Need for separate counsel to represent child: Neither
party requested,
8. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9. A hearing in this matter will take one (1) day.
10, Other matters or comments: The parti'es in this case
or~ginally agreed to have an evaluatIon performed. After the last
conciliation, however, a support conference was held and as a
result of that support conference, Mother indicated that she did
not have the funds necessary to pay for the evaluation. Even
though the custody order indicates that the parties have a shared
custody schedule, the support order was entered agaInst Mother
because she actually has the child less time than the Father,
The partIes have an inability to communicate, The major issue
that is before the Court is whether or not the child should start
school in the fall, .ather says the child i~ ready and Mother says
the child is not, In any event, the battle concerning the child's
school will either take place this fall or next fall. Both parties
feel quite strong in that the child should be with each one of them
and attend their respective school d1stricts.
The parties have been operating under essentially a shared
arrangement slnce 1996, Glven the fact that the child is now of
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JADE BROCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
92-4197 CIVIL TERM
SOPHIA BATTLE,
Defendant
CIVIL ACTION - LAW
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE J, WESLEY OLER, JR.., J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Monday, June 14, 1999
in Courtroom No. 1
JACQUELINE M. VERNEY, Esquire
Counsel for Plaintiff
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APPEARANCES:
JOAN CAREY, Esquire
Counsel for Defendant
ORIGINAL
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INDEX TO WITNESS
FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS
Sophia A. Battle !3 37 67, 70 69
Allen K, Weaver 71 82 91, 92 91
Maurese Chandler 93 98
Terrie O'Neal 101 105
FOR THE PLAINTIFF
Allen Shank 109 116
Laurie Mumma 120 123 124,127 126,128
Shirley McKeehan 129 133
Keith Burton 134 139 - -
Jade C. Brock 140 179
Charlotte L. Brock 194 2H
Howard S. Barnes, Jr. 222 225
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INDEX TO EXHIBIT
DEENDANT'S EXHIBIT NO. MARKED ADMITTED,
1 - Certified copy of criminal record 13 lOB
2 - Certified 'i:Opy of criminal record 13 lOB
3 - "All through IIU" - photographs 1B lOB
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1 THE COURT: This is the time and place for
2 a custody hearing in the case of Brock v, Battle, No, 92-4197
3 Civil Term. We will let the record indicate that the
4 Plaintiff is present in court with his counsel, Jacqueline
5 Verney, Esquire, and the Defendant is present in court with
6 her counsel, Joan Carey, Esquire, Did counsel wish to make
7 opening statements or proceed directly into the evidentiary
8 phase of the case?
9 MS. CAREY: Well, Your Honor, I would make
10 a brief opening statement. Sophia Battle, the petitioner in
11 this case, originally petitioned to relocate with the
12 children to Florida, where she is curr.ently residing, She
13 settled that case, granting the father primary custody,
14 thinking not to fight any more over the children. The case
15 was filed in September, It was settled December 10th.
16 Shortly after what she thought would be a settlement of the
17 case, she found out that the father was in prison December
18 27th, when she picked the children up for Christmas.
19 Therefore, she is concerned that the children stay with the
20 father.
21 She is, therefore, asking the Court -- she
22 filed another special relief petition, a petition that's
23 before the Court now, to transfer the children to her custody
24 in Florida, where she has family and where she has her fiance
25 and home. So, it's basically relocation, plus best interests
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Q State your name for the record, please,
A Sophia Annette Battle.
Q You currently reside where?
A Orlando, Florida.
Q Would you give the Court your addresB,
please.
A 5280 Long Road, Apartment C, Orlando,
Florida, 32808.
Q With whom do you reside?
A With
Q Do you have children?
A Charles and Shaquay and Yonna.
Q How old is Charles?
A Charles is two.
Q Does Charles live with you in Florida?
A Yes.
Q Is Charles the stepbrother of Yonna and
Shaquay, the children at issue in this case?
A Yes,
Q When did you go to reside in Florida,
approximately?
22 A
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25 BY MS. CAREY:
Probably like the second week of November.
THE COURT: Of what year?
THE WITNESS: Of last year.
,
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o Of 199B?
A Yes.
BY THE COURT:
o May r just get the names of the children and
their birthdays and your birthday and Mr. Brock's birthday,
What are the full names of the children?
A Shaquay.
0 S-h-a-q-u-a-y?
A Yes.
0 And her last name is Breck?
A Keena. Her middle name is Keona. Do you
want the whole name?
o Yes.
A Keena.
o How do you spell that?
A K-e-o-n-a Brock.
o And her date of birth?
A It's 2/11/91.
o And the other child?
A Yonna, Y-o-n-n-a, Renee.
,0 Is that R-e-n-e-e?
A Yes, Brock.
o And her date of birth is?
A 2/13/92.
o And your date of birth?
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October 17th, 1969,
Do you know Mr. Brock's date of birth?
Yes, September 19th, 1969,
Were YOll married to Mr. Brock?
No,
THE COURT:
All right, Ms, Carey?
BY MS. CAREY:
Q So, you said that in November of '9B you
went to Florida. Why did you go to Florida at that time?
A Because my dad was sick.
Q Now, prior to that, in September, you had
filed a petition asking the Court to change the custody to
allow you to maintain primary custody and move to Florida, is
that correct?
A Yes.
Q Pursuant to the court order, you had primary
custody of the children?
A Yes.
Q Now, there was a schedule of custody in the
father, which was filed as a partial custody. Could you tell
the Court approximately what the arrangement was with you and
your children? What kind of a custody arrangement did you
have according to that court order?
A Well, I would get them a week, and then he
would get them a week.
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THE COURT:
This was prior to the move to
Florida?
MS. CAREY: Yes.
THE COURT: What date are we talking about
for the court order?
MS. CAREY: We are talking September --
excuse me, August 19th, 1997.
BY ~IS, CAREY:
Q So, the August 19th, 1997, order gave you
primary custody. Describe for the Court what was happening
regarding transferring the children back and forth between
you and Jade?
A Well, sometimes he would come to get them,
Sometimes I would go get them,
Q Were you trying to work around his work
schedule and your work schedule?
A Yes.
Q What kind of a work schedule did he have?
A Up and down.
Q So, according to the court order, he would
have like sometimes seven days that he was working, and
sometimes he would have like a week off?
A Yes,
Q And then sometimes he would work seven days
again and then have a week off, is that correct?
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A Yes.
o Or a day off, excuse me, a day off
sometimes?
A Yes.
o Now, what was your work schedule at that
time?
A Well, I was working three to eleven.
o Now, were you trying to pick the children up
after you got off from work?
A Sometimes, yes.
o And where would the children be staying?
A At Charlotte's, his mother's,
Q Now, that's Jade's mother?
A Yes.
Q Did you try to pick them up and take them
into your custody pursuant to the order?
A Yes, but it was too late when I got off.
Q So, you wound off letting
A Letting them stay.
Q Would you then pick the children up when you
were off of work?
A After school, because I got off at 3:30,
Q Now, you said you worked night schedule
August of 1997. Did you change your schedule shortly after
this order was entered?
.
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A Yes, to 7:00 to 3:30,
Q Why did you change your schedule from 7:00
to 3:30?
THE COURT:
I don't mean to interrupt, but
aren't we going way back beyond the most recent order?
MS. CAREY: Well, Your Honor, the most
recent order was December 10th, '98, and it was in effect
shortly before the criminal matter came into being, I was
just trying to set the past history.
THE COURT: I think the only thing I can
really consider is what has happened since the December 10,
1998, order.
MS. CAREY:
Okay.
BY MS. CAREY:
Q So, just to complete that, you and Mr. Brock
had the children in your custody, and you worked around your
work schedules, is that correct?
A Well, I worked around his.
Q Now, in 1998, September of 1998, you filed a
petition to change custody so that you could go to Florida,
correct?
A Right.
Q You couldn't go to Florida with the schedulp.
as it was and retain custody of your children?
A No.
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Q All right, December 10th, 1998, you settled
that case, correct?
A Yes,
Q And what was your decision at the time?
A That I would let him have custody of them,
Q And when would you have custody?
A During the summers and stuff and the
holidays.
Q Would you have like a long period of time
during the holidays, Easter and Christmas?
A Yes.
Q And any other time you were in the area of
Pennsylvania?
A
Yes.
THE COURT:
I have an order dated December
18, 1998.
Is that the order you are r~ferring to?
MS. CAREY:
THE COURT:
Yes, Your Honor,
I thought you said December
10th.
20 MS. VERNEY: Judge, that was the date of
21 the conciliation conference, where it was really agreed to,
22 but then the order took a week.
23 MS. CAREY: Sorry,
24 BY MS. CAREY:
25
Q
So the order that you just testified about
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was entered December 18th, 1998, correct?
A Yes.
o Now, have you, since the entry of that
order, decided that you feel it would be best for the
children to be in your primary custody again?
A Yes.
o Could you tell the Court why?
A Because Jade went to jail. He committed a
crime, and I felt that he's a bad role model for my kids,
MS, CAREY: Could I have this marked exhibit
1 and 2 for the Petitioner.
THE COURT: Let's say the Defendant.
(Defendant's Exhibit Nos. 1 and 2 were
marked for identification.)
BY MS. CAREY:
o I'm showing you what's been marked
Defendant's Exhibits 1 and 2. Are these certified copies of
the criminal record of Jade Brock?
A Yes.
o According to that record, Mr. Brock pled
guilty of conspiracy to robbery and robbery - taking property
from another by force, and criminal contempt, is that right?
A Yes.
o And he is currently on probation for
twenty-three months, correct?
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don't w~nt them to see bad, I want them to be happy, which
they're confused, and I don't think they would be happy.
Q Do you have any criminal record?
A No.
Q Currently, you are with your fiance,
correct?
A Yes.
Q What is his name?
A Allen Kirby Weaver.
Q Now, how long have you known Mr. Weaver?
A A year.
Q Now, you don't reside with him?
A No. He stays with my father,
Q Does he stay with your father in Florida?
A Yes.
Q Close to you?
A Yes.
Q What are your intentions regarding Mr,
Weaver?
A Well, getting married. We're now in the
process of getting a house, four bedroom.
Q Now, are you actually engaged?
A Yes.
Q Does Mr. Weaver have any children?
A Yes.
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1 Q How old is the child?
2 A One.
3 Q Does he have custody at different times of
4 his child?
5 A Well, not like me. I mean, they, like,
6 compromised. They didn't want to go to court.
7 Q So, not by court order?
8 A Yes.
9 Q But he sees his son?
10 A Yes, he sees him every other weekend.
11 Q Will he be with you during the summer?
12 A Yes. I'm keeping him this whole summer.
13 Q Now, you said that you have a son. How old
14 is your son?
15 A Two.
16 Q What is his birth date?
17 A December the 31st, 1996.
18 Q What's his full name?
19 A Charles Edward Mitchell, Jr.
20 THE COURT: I missed the middle name.
21 Charles --
22 THE WITNESS: Charles Edward.
23 BY MS. CAREY:
24 Q You have primary custody of your son?
25 A We ,.- I mean, he did;1't want to go through
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1 courts, We were -- we talked about it. He comes and gets
2 him when I come here, and he's coming to get him this summer.
3 Q So, your child lives with you during the
4 year?
5 A Yes,
6 Q And for most of the summer?
7 A Yes.
8 Q And he spends some time with his dad?
9 A Yes,
10 Q Now, currently, you said that you reside on
11 Long Road, What kind of house is that?
12 A That's an apartment complex.
13 Q Is it HUD housing?
14 A Yes.
15 Q How much is t.he rent?
16 A 606,
17 Q Do you pay any of that?
18 A No,
19 Q Do they pay you mOlley, also, for utilities?
20 A' Yes.
21 Q How much do you get?
22 A $62.00.
23 Q Do you have the house arranged with rooms
24 for your girls as well as your son?
25 A Yes.
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Q How many bedrooms are in the house?
A Three.
Q Besides the bedrooms, can you just briefly
describe the layout of the house?
A How they are?
Q Well, how
A It's big. It's a very big apartment,
Q First floor, second floor?
A First.
Q You said it's in a complex. Are there play
areas around?
A Yes. There's a pool, There's a very
there's a big playground for them to play in, a lot of kids
to play with their age.
(Defendant's Exhibit Nos. 3-A through 3-U
were marked for identification.)
BY MS. CAREY:
Q I'm showing you pictures which have been
marked 3-A through C. Can you look at those pictures,
please, and tell the Court what they are pictures of?
A Shaquay and Yonna's bedroom.
Q This is in the house you just talked about
where you reside?
A Yes.
Q 3-D through G, what are those pictures of?
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o But you can remain there until you find
other housing, you're qualified for that HUD housing?
A Yes.
o Do you have a lease?
A Yes. It expires in December.
o Why did you decide to go to Florida in
November of this past year?
A Because my father is sick, and I wanted to
be around him.
o Did you grow up in Florida?
A Yes.
o And did you ever live in Florida with
Shaquay and Yonna?
A Yes.
o When was that?
A When I had custody of them before,
o So, prior to --
A It was in probably '93, I think, '93, '94,
o This Court gave you permission to relocate
there with the girls?
A Yes.
0 Did you stay there long?
A No, r didn't.
0 How ,long were you there?
MS. VERNE,Y : Your Honor, I'm going to
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1 object to this line of questioning. It clearly goes way
2 beyond the time of the December 18th, '98, order.
3 MS. CAREY, Your Honor, it goes to the fact
4 that she has family there. The children are familiar there,
5 I think it's relevant.
6 THE COURT, You may ask the questions.
7 Maybe an easier way would be just who had primary custody of
8 the children and when throughout the course of their lives.
9 BY MS. CAREY,
10 Q We were saying that you had custody of the
11 children, and you were saying how long you've had them.
12 Approximately how long did you live in Florida with them?
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18 stepmom. We weren't getting along at the time. And me and
19 Jade were talking on the phone a lot, and we decided to get
20 back together.
21 Q If you want to just go back over from the
22 time the children were born. Can you tell the Court who had
23 custody of the children since the time they were born?
24 A Me.
25 Q Until December 18th, 1998, when the court
A You mean when I had primary custody before?
Q Yes.
A Probably two months.
Q Then why did you come back here?
A Because I was having problems with my
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A Real good, Real good support,
Q Who is there in your family?
A Aunts, uncles, cousins, stuff like that.
Q How close is your father to you?
A Real close.
Q How close geographically?
A Oh.
Q Does he live close to you?
A Probably like ten minutes.
Q Do you keep the children in touch with their
family in Florida?
A Yes. They talk to my father. I make sure
they talk to my father and stuff.
Q Do they see him?
A When they were there, we basically went over
there every day.
Q
talked about?
Do they interact with the cousins you just
A Yeah, they get along with them.
Q Do they see them?
A Not as much as they do my father.
Q Do they see them sometimes like on weekends?
A Yeah,
q Now, the girls 1 i ved with you in Florida
this past year, after Christmas, from around December 27th
23
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1 until January 6th?
2 A Right,
3 Q Why did you take them with you -- or why did
4 you keep them with you in Florida?
5 A Because Jade was in jail, and I didn't want
6 them to be with his mother or his girlfriend, because they
7 didn't have no custody. I felt that, you know, since I have
8 custody and he was in jail, I took them with me,
9 Q Is that when you asked the Court to change
10 the order to give you primary custody for the rest of the
11 year?
12 A Yes.
13 Q When you said you had custody, you mean it
14 was your time under the court order'to have the girls with
15 you?
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A
Yes.
Q Christmas vacation?
A Yes.
Q Now, you brought them back in January when
Jade got out of jail because the Court told you to, is that
correct?
A Yes,
Q Are you currently employed?
A Yes.
Q Is it a temporary job or a full-time job?
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that,
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that sometimes.
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It's full time.
What do you do?
Auction, drive cars, valet park, stuff like
Is it through a temporary agency?
Yes.
Is it during the day?
Yes.
What are your hours?
Like eight to two. It can go farther than
We get off early.
Who takes care of Charles?
My cousin.
What is your cousin's name?
Valerie,
THE COURT: Valerie what?
THE WITNESS: Battle.
BY MS. CAREY:
o If the Court gives primary custody to you
during the school year, would uhe also be able to take care
of your girls?
A Yes.
o Are you looking for other employment besides
the auction wo~k?
A Yes.
25
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1 Q What is it?
2 A Hopefully, I'll be working as a crossing
3 guard at the school that Shaquay and Yonna would be going,
4 At their school, I'll be a crossing guard,
5 Q Do you have your name in for that job?
6 A Yes.
7 Q Why do you think that job might be good for
8 you?
9 A So I can be more into their school, walk
10 them in the morning and then come and get them in the
11 afternoon and stuff.
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22 A Yes, Shaquay, my oldest one.
23 Q During that time that you had them with you,
24 can you tell the Court what an ordinary day would have been
25 like in your household?
Q What school did they go to when they were in
Florida with you during that period of time in December and
January?
A Rosemont Elementary School.
Q What grade were they in?
A First.
Q Both of them were in first?
A Yes.
Q Why is it that both of them were in first
grade? Was one of them kept back?
26
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A When they were going to school, they would
come home, and I asked them if they had homework. They'd do
their homework, Then they'd go outside and play. Sometimes
me and Allen would take them places, Stuff like that,
o Did you take care of their nutritional
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24 you had her in your custody?
25 A Yes. She reads good.'
needs?
A Yes, food, hair, clothing. They have all of
that.
o Did you have a doctor for them?
A No, I went to like a clinic, a walk-in~type
clinic,
o Do you know a doctor who you would have if
they come back into your custody?
A Yes.
o You said that one of the girls was kept
back. Did Jade inform you of that?
A No.
Q Did you talk to the teachers about that?
A Yes.
0 What did you do in order to make sure she
wasn't kept back again?
A Well, I talked to her teacher and --
0 Did you work with her on her schoolwork when
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o Do you teach your children values? Do you
provide for that dimension of their life?
A Yes. I teach them to tell the truth, don't
lie for anybody,
o What's the children's relationship with
their brother like?
A Real good,
o How has he been since they haven't been
living with him?
A Lonely. He always calls them, looks at
their pictures.
o When the children were here in Pennsylvania,
did Jade provide for you to have, you know, input in the
children's education?
A No.
o What school did they go to here?
A Bellaire Elementary School.
o Did you go to the 3chool and talk to the
teachers there?
A Yes. r even talked to the reading teacher.
They were doing good when r talked to them.
o When the girls were in your custody, when
they were with you prior to your going to Florida, did you
work with them on their schoolwork?
A
Yes,
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Q
spend with them?
A
Q
A
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A
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Now, approximately how much time did you
A long time,
Did you pick them up after school?
Yes.
About what r:ime did you have them?
What do you mean?
About what time did you gpt them?
From here?
When you were up here,
Probably about -- as soon as they get out of
IIchool, I wait till they went to their mom's house, and I go
pick them up.
Q Wait till they went to his mother's house?
A Yes. Sometimes I would wait until they, you
know, walked to their mom's house -- I mean to his mother's
house,
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1 grandmother's to sleep?
2
A
Yes,
3
Q
What type of job did you have when you were
4 here?
5
A I was working at the Book Of The Month Club.
Q Wl-,at time did you have to go to work?
A At that time, seven. I changed to seven to
three,
Q Did you work it out so that they could stay
overnight at the grandmother's and walk to school?
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Yes. Me and his mother talked on the phone
12 about, you know, letting them stay the night over there so
13 they wouldn't have to get up so early -- do you know what I
14
mean
to get up for school. They could stay until it was
15 time to go to school.
16
Q
You said you talked to his mother. Did you
17 and Jade talk about the children, or did you and his mother
18 talk about the children?
19
A
I couldn't even talk to him. I mean, it was
20 always an argument, so I had to go to his mom.
21
Q
Did the children spend
22
THE COURT:
What time period are we talking
23 about now?
24 BY MS. CAREY:
25
Q
This would be before you left, let's say
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1997 to '98. Is that the time frame you're talking about
when you couldn't talk to him but you talked to his mother?
A Urn-hum,
Q From 1997 to '98, the year before you went
to Florida?
A Yes, when we made that agreement when I was
working.
Q Sometimes did you keep them overnight?
A Yes,
THE COURT:
Aren't we mainly interested in
what has happened since December 18th of 1998? It seems to
me the allegation is there's been a change of circumstances
from that order.
BY MS. CAREY:
Q Besides Jade's criminal record, do you have
any concerns abolJt the care that they might have when they're
with the grandmother and the father at this time?
A Yes, a lot.
Q What are your concerns?
A I mean, how they're going to be treated. I
mean, if he's going to get into any other trouble. I mean,
is he going to go out there and do drugs or whatever?
Q Do you have concerns about any drug
behavior?
A
Yes.
31
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"'"
1 Q What is it that you've seen?
2 A He I s beell strange. I mean --
3 Q What has he been doing that's strange?
4 A Just -- I mean, he's been yelling at me,
5 been like cussing at me in front of the kids, telling them
6 lies about me and stuff.
7 Q Okay. And he says that in front of you, in
8 front of the children?
9 A Yes, And his girlfriend was there plenty of
10 times. Both of them was going to jump on me when I came to
11 get them one night, and a friend of mine was there to witness
12 that, and Shaquay and Yonna was there.
13 THE COURT: When was that?
14
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17
THE WITNESS: When I was here.
BY MS. CAREY:
Q
A
Would that have been when you were here
When I was here for the hearing, that
18 hearing.
19 Q So, this would have been since the December
20 18th order or right around December 18th?
21 A Yeah, when we had -- when I had to come back
22 up here for that hearing.
2~ Q For the conciliation conference on December
24
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lOth?
A
Yes.
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Q Then we had another conciliation conference
in -- well, we had a conciliation conference in March, and
then we had one in December.
A The one that we had to go -- when I came
back here from Florida, the one we had to agree if I was
going to keep it the same way to keep us from coming here,
Q S~ that would have been December lOth?
A Yeah.
Q Do you have any concerns about his mother's
house now?
12
A Yes. She's sick.
Q What's wrong with her?
A I mean, she's just trouble. She's trouble.
I mean, she's the same way. She cusses. She's violent. I
mean, it was -- when I went over there that same day to get
Shaquay and Yonna, she was all up in my face, cussing at me,
Q That would have been in December?
A Right, the same time, Shaquay and Yonna was
right there. She would tell Shaquay and Yonna bad stuff
about me, telling Shaquay and Yonna to act like they wasn't
happy to see me. I mean, she would hit them. His sister
would hit them. Yonna was telling me that his sister hit her
-- hit Yonna with a shoe. I mean, she --
Q Does his sister live with his mother?
A A lot of people live with his mom.
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A Yes, because I was working at the time,
o Even since December, do they spend a lot of
time with Charlotte?
A Before I came up here to get them?
o No, since this order was entered December
18th. Do you have knowledge that they spend a lot of time
with Charlotte?
1I Yes.
o Do you have contact with the children by
phone from Florida?
A Yes.
o When do you call them?
A It's on the weekends.
o Where are they when you reach them?
A Sometimes at Charlotte's. Sometimes at his
girlfriend's house and his house.
Q To the best of your knowledge, do they spend
a lot of time at Charlotte's?
A Yes, every time I call. I hardly even talk
to Jade. I don't even know the last time I talked to Jade.
It's always Jen or his mom.
o so, you're asking the Court to grant you --
return primary custody to you, is that correct?
A Yes.
o And you're going to enroll them in the same
35
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school that you had them in when they were in Florida?
A Yes.
o And wOuld they be promoted to grade two?
A Yes.
o Would you keep Jade informed as to their
progress in their schooling?
A Yes,
o Did he keep you informed about the schooling
since December?
A Not at all, no.
o Did you ask him about the kids' report cards
and their progress?
A Yes, r did.
o Did he give you anything that you asked for?
A No, he did not.
o So, he didn't send you report cards, or did
he?
A
o
No. I had to take it upon myself to do it.
So, you wound up getting them from the
A
o
Yes.
Do you talk about him in front of the
A
o
No, I don't.
Would you make sure that he would have
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access to the children for periods of time on holidays and in
the summer?
A Yes, I will.
MS, CAREY: I have nothing else,
THE COURT: Ms. Verney?
MS. VERNEY: Thank you, Your Honor.
CROSS-EXAMINATION
BY MS, VERNEY:
Q Ms, Battle, when you first went down to
Florida, when was that, this most recent time?
A November.
Q You said, I think, it was the second week of
November?
A Yes, I did.
o Did you have a job to go to when you went
there?
A Yes.
Q Where did you work?
A I worked at Universal Studios at t~e time,
o You had that job before you left?
A Yes.
o How did you get that job?
A I mean, what are we talking about, in
Orlando, the job in Orlando?
Q The job at Universal Studios,
37
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1 A That's when I left?
2 Q Yes. Well, that's what you said, You said
3 you left here the second week in November, and you
4 immediately started a job.
5 A Yes, I did.
6 Q That was at Universal Studios?
7 A Yes,
8 Q Did you get that job, then, prior to leaving
9 Pennsylvania? You said you went down and immediately started
10 it. Did you apply beforehand?
11 A No. I had to go and get it, I had to go
12 down there to get it.
13 Q Well, didn't you go down earlier? Didn't
14 you go down to Florida in September of '98?
15 A Yes, to look for a place to stay.
16 Q Then did you come back, and then you went
17 back down in October?
18 A No,
19 Q So, you permanently moved to Florida in
20 December -- I'm sorry/ in the second week in November?
21 A November,
22 Q And you immediately started a job?
23 A The way you're saying it is I just went
24 there and started it. I had to go there and fill out an
25 application.
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Q Okay, So, you moved the second week of
November, and you did not have a job at that time?
A I mean, I did have connections. I have a
sister-in-law a stepsister-in-law that does work there,
and she did help me get that job.
Q When you left Carlisle the second week of
November, did you know you were going to start working at
Universal Studios?
A Yes.
Q What day did you start?
A I think it was probably February, probably
like a little bit -- a week after Shaquay's birthday.
Q So, you left Carlisle the second week of
November. You didn't get a job until February of '99?
A Yes.
Q So--
A I don't want to lie. It's probably sooner
than that. I'm just estimating, Your Honor. But I did get a
job.
Q Did you work anywhere else before Universal
Studioe?
A Yes, here at the Book Of The Mon~h.
Q In Florida, did you work anywhere before you
started at Universal Studios?
A
No.
39
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o So, in November you moved down there
permanently and only started working in February of '99?
A Don't quote me for that. It's probably
sooner than that,
o How long did you work at Universal Studios?
A I didn't work that long, because I had --
that's when I had to come up here for the hearing.
o Well, the hearing didn't last very long, did
it?
A No, it did not, but
o You came up here in March for a
conciliation, is that correct?
A March conciliation?
o We met with Ms. Dawn Sunday in
Mechanicsburg. Do you recall that?
A Yes.
o That was in March of '99,
A Yes.
o That was only a one-hour meeting, wasn't it?
A Yes, but it -- I mean, I wasn't aware of it,
and I couldn't get my job any not ice. ~ had to just come
down here, so they had to let me go.
o Did you work full time at Universal Studios?
A Yes, I did.
o You worked forty hours a week?
40
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Q
Ms. Carey didn't advise you a month ahead of
2 time that it was going to occur?
3
A
T. can't recall. I can't recall. But I know
4 I didn't have enough time to tell my job about it. I know
5 that,
6
Q
Then you left the employment of Universal
7 Studios sometime in March?
8
9
A
Sometime in March, yeah,
Q
Well, I don't want to put words in your
10 mouth, Do you know when you terminated at Universal Studios?
11
A
A little bit after -- I mean, a little -- I
12 mean, before I came here, I did.
13
14
15
16 then?
,
17
18
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24 company?
25
Q
When did you get your next job in Florida?
A
After I left here.
Q
And can you tell me where you went to work
A
After I left here?
Q
Yes.
A
I went, at the time, to Scholastic Books.
Q
In Florida?
A
Yes.
Q
Do you know when you --
THE COURT:
What's the name of that
THE WITNESS: Scholastic Books,
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BY MS, VERNEY:
Q
A
was,
~
You don I t know when you started there'?
Probably in like April sometime, I think it
Q What did you do there?
A Shipping and receiving books, also, and
stacking them in boxes and stuff.
Did you work full time there?
Yes, I did,
Forty hours a week?
Yes.
What was your hourly rate?
$8.15.
$8,15 again?
Yes.
How long did you stay at that place of
Q
A
Q
A
Q
A
Q
A
Q
employment?
A
Q
Probably three months, four months.
Well, if you started in April, that would
bring you to June. How long where are you working now?
A I'm working at the auction.
Q When did you start working there?
A Probably like -- oh, wow, Recently I think
I started there. I can't recall.
Q How often are you paid, weekly or every two
43
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A
Q
yoU?
A
Q
apartment?
A
Q
A
stay with me,
Q
14 Q When you applied for that, did you indicate
15 that you had primary physical custody of Shaquay and Yonna?
16 A Yes, I did.
17 Q That wasn't true, was it?
18 A I had -- I have custody.
19 Q But you don't have primary physical custody
20 of them?
21 A No. I have partial,
22 Q Isn't it also true that in your tax return
23 for 1998 you indicated that you had primary physical custody
24 of them and claim them as dependents?
25 A Yes, because he never did, and I always did.
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o And that has since been overturned, has it
not?
A What do you mean overturned?
o Well, the IRS has contacted you claiming
that that was inappropriate for you to declare them as
dependents?
A No, they have not. I talked to them, and I
told them that I claimed th~m ever since they were born.
Jade wasn't working -- he'd work off and on -- so I claimed
them. I mean, I've been claiming them since they were born,
you know, and he had no -- he didn't say anything about it
until now, so that's why I did it.
o Isn't it also true that the prior order here
in Pennsylvania Jade agreed to let you say you had primary
physical custody so that you could also get HUD housing?
A Here?
o Yes,
A No.
o You didn't have Hun housing when you lived
in Carlisle?
A Yes, I did.
o How many bedrooms did you have?
A I had three.
o And that was because you had primary
physical custody of Shaquay and Yonna and Charles?
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A Yes.
o 18n't it true that you really didn't have
the girls more than Jade?
A Because I was working and he wasn't, but I
did have the kids.
o But there were numerous times when it was
your time, under the order that you didn't get them. Is that
true?
MS, CAREY: Objection to time frame.
MS. VERNEY: Well, Your Honor, I think
THE COURT: What was the objection?
MS. CAREY: Time frame.
THE COURT: What time frame are you talking
about?
MS. VERNEY: Well, let's go from the order
of August of 1997, Your Honor, I think it's appropriate
cross-examination, because on direct we had gone a little far
afield, prior to the December 18th order.
THE COURT: There hasn't been an objection
yet.
BY MS. VERNEY:
o The August 17th, 1997, order gave this one
week on, one week off. My question to you was wasn't it true
that you really didn't have the children?
A Yes. I did. Yes, I did.
48
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1 Q But weren't there times when it was your
2 time and you didn't get them?
3 A What do you mean times? Because I had to
4 work, and Charlotte would have them. I had to work. But
5 when I got off, I did have them.
6 Q You don't recall any times when you would
7 miss an entire week and call and say/ well, I didn't know it
B was my week?
9 A No.
10 Q You don't recall that?
11 A No, because I would even call Jade to ask
12 him, because I was a little confused about, you know, his
13 shifts. I would call him and tell him I was confused,
14 sometimes I would forget, That's why I called. Sometimes,
15 you know, I would remember. Then I started -- I got a
16 calendar, and then I would go from there.
17 Q Now, you testified -- and I wasn't quite
1B sure I understood this -- that Shaquay had to repeat first
19 grade?
20 A Yes.
21 Q You said that Jade didn't tell you that?
22 A No, he did not.
23 Q Well / wasn't that a time when you had, on
24 paper at least, primary physical custody of the girls?
25 A Yes,
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o Why would you have to ask Jade if you were
involved in their education?
A Because I thought it was a mutual agreement
that, you know, he could tell me, but I did take it upon
myself to go and tell the school.
0 Tell the school what?
A I mean ask the school, I'm sorry, ask the
school about their activities and stuff.
o Well, that would have been at the end of the
school year. Who did you talk to?
A I think Mr, Shank. I talked to Mr, Shank,
and I did talk to Shaquay and Yonna's teacher,
o When was that?
A When I came back.
o What grade did Shaquay have to repeat?
A First.
o When would she have had to have repeated
that?
A Last year.
o Is it your testimony that at the end of last
year, when the report cards came out and it was said that she
was not promoted to the second grade, that you then went and
talked to somebody?
A Yes, I did, becauoe I wanted to know why
she stayed back.
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Q Die you tdlk to anybody before that, and
were you aware that she was having problems in first grade?
A No, she wasn't, because I would study with
her. And when I talked to the teacher, they said that she
was going to pass. That's why I didn't understand why she
stayed back.
Q What explanation were you given?
A What do you mean explanation?
Q Well, if you went and talked to her teacher
of why she was not promoted, what explanation were you given?
A Her reading, which I didn't understand.
Like I told them, they told me her reading was good. I
studied with her reading and the little math that they did,
spelling. I did all of that, She knew it. So, you know, I
was just going by what they were saying, They told me at
first that she was going to pass. The next thing I know, I
go there, and she stayed back, So, I figured, you know, it
was because of Jade not studying, because I did my behalf, I
guided them when it came to education.
Q Let's talk about when the girls -. the whole
school year of '97/'98.
MS, CAREY:
Objection. This is all prior
to the December '98 order.
MS. VERNEY: Judge, I'm cross-examining
her, and I think it's well within my right of what she's
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saying about her involvement in the girls' education, I'm
trying to prove that she really had very little involvement
in their education.
THE COURT:
On that limited area, you may
ask the question.
BY MS. VERNEY:
o You had testified that you picked the girls
up after school on your weeks?
A Yes.
o The arrangement really was that Jade would
pick up both girls in the mornings, right, from your house'?
Yes.
And he would take them to school?
Yes.
And that was every day?
Yes,
And that was when Shaquay was in first grade
A
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the first time?
A
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Yes.
And Yonna was in kindergarten?
Yes.
o Did Yonna go to kindergarten in the morning
or the afternoon?
A The morning.
o After school, then, it was your arrangement,
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your agreement with Jade, that the girls would walk to Jade's
mother's house, is that correct?
A Yes. But then half the time I will go pick
them up. But, basically, all the time they will walk to
Charlotte's, his mother.
Q Then it's your testimony that you would pick
them up at some time when it was your week and take them home
and then study with them, is that correct?
A Yes.
Q Would they have school papers at that time?
A Yes, they have homework,
Q Would they have test grades that you would
look at?
A Yes, and they were real good,
Q So, it came as a complete surprise to you
that Shaquay did not pass first grade?
A I mean, her grades were good, as far as I
know. The papers that she showed me and stuff like that,
they were good. I never once seen a bad paper that she had.
Q As a result of Shaquay not passing first
grade last year, did Jade arrange for her to be tutored in
the summer:
A Yes, which I didn't understand that.
Q You didn't agree with that, did you?
A No, I didn't.
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Q Why didn't you agree with that?
A Because I felt that she was doing good in
reading, I mean, as far as I could see.
Q But she did have to repeat the first grade?
A Yes.
Q Do you know where she was tutored f.,r the
5
summer?
A Miss Donna, at Miss Donna's.
Q Didn't she go to Sylvan Learning Center in
Mechanicsburg for the summer, last summer?
A Jade didn't tell me. The only tuto~ing I
knew of was Donna Jones,
Q Didn't you still get her a week on, a week
off in the summer?
A Yes, I did.
o What did you do when it came time for
tutoring?
A When it came to Donna?
Q Well
A Because I don't know anything about
Mechanicsburg at all. I just know about Donna.
Q Donna Jones started tutoring the children
starting this school year. Would you agree to that?
A No. I think it was last year.
Q You think it was last year, okay. Did both
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Miss Jones?
A
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with her?
A
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18 Q
19 A
20 Q
21 A
22 Q
23 grandmother?
24 A
25 Q
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Failed?
Failed, forgot, couldn't get there?
No. I never forgot that, no.
Car broke down, car didn't have gas?
No.
You never called Charlotte or Jqde's
No.
Did you assist in paying some of the
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tutoring costs?
A No, because they didn't even ask me. They
didn't ask me. If they would have asked me, I would have.
Q Is there a time in June of 1998 when you
left all three children home alone?
A No, ! did not.
MS. CAREY: Objection.
THE WITNESS: No, never.
"
THE COURT: Ms. Carey?
MS. CAREY: It's beyond the scope of
direct.
THE COURT: This is June of 1998?
MS. VERNEY: Yes, Your Honor, but I think
it goes to her parenting ability, her concern that she's
testified to and her care of the children.
THE COURT: I'll sustain the objection.
I'm mostly interested in what's happened since tae Order of
Court of December 18, 1998.
BY MS. VERNEY:
Q Since the December 18th order., have you
contacted the school?
A Yes. I talked to Mr. Shank. I talked to a
reneptionist.
Q What did Mr. Shank tell you?
A Mr. Shank was telling me that they were good
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students and stuff. They were doing good. I was just going
by what they were saying.
Q And that's this year?
A Yes, I did talk to Mr. Shank this year.
Q Okay. Do you attend any church in ~lorida?
A Yes.
Q What church?
A Bethlehem Baptist Church. It's my father
and stepmother's church.
Q Where is that located?
A In Winter Garden Florida.
Q How far away is that from you?
A Probably like ten minutes from me.
Q When is the last time you went to a servide?
A I haven't went. I haven't went.
Q You have not gone since you went there in
November?
A No.
Q Did you attend church here in Carlisle?
A Yes, with my grandfather.
Q Which church was that?
A A.N.E. or A.M.E. I can't say the church.
A.M.E. -- I forgot -- something Baptist Church.
Q Where was it located?
A Here in Carlisle.
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o Did you ever take the girls there?
A No.
o Do the girls attend church here in Carlisle?
A Yes.
o Where do they attend?
A His grandfather and grandmother's church. I
don't know where that's at.
o You never took the girls to that
church here?
A No.
o When it was your time to have the girls, did
Jade get the girls to take them to church?
A Yes, he did.
o That would be on a Saturday night you would
let him keep the girls so that you wouldn't have to get up
early Sunday, isn't that correct?
A No. He would come and get them Sunday early
morning, before church.
o Have you ever caused the girls to sustain
bruises or scratches that were reported to Children and
Youth?
MS. CAREY:
THE WITNESS:
MS. CAREY:
Objection.
That was unfounded.
Objection. That's beyond the
scope of direct, and there's also no time frame, Your Honor.
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THE COURT:
What time frame are we talking
about?
MS. VERNEY:
Judge, it is previous to
December 18th. However, I think it still goes to her ability
to parent these children and to have them away from their
father so that no one, in effect, can protect them.
THE COURT: Her answer was that she did not
do that.
MS. VERNEY:
No, I think her answer was
that they were unfounded by Children and Youth.
THE WITNESS: I didn't do it. I mean, if it
was unfounded -- I mean, they called numerous times on me.
They looked all through my house., I mean --
THE COURT: I don't want to relitigate the
whole case from the beginning. Again, it seems to me it's
from December 18th, 1998, that I'm mainly interested in.
BY MS. VERNEY:
o Do you know what activities the girls were
involved in in school this year?
A As far as tutoring, they were tutoring-- I
mean, not tutoring. They were Girl Scouts.
o Did you get them into Girl Scouts?
A No, Jade did without telling me.
o Do you know when they went to Girl Scouts?
A No.
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1 Q Was ita --
2 A I guess probably on his time, because I
3 didn't ~now anything about it.
4 Q When did you learn something about it?
5 A Shaquay told me, my oldest one.
6 0 You never transported them to Girl Scouts?
7 A No, because I didn't even know anything
e about it until she told me at the last minute.
9 Q What school activities do they participate
10 in?
11 A None that I know of.
12 Q Did you attend any parent-teacher
13 conferences this school year?
14 A Probably like once or twice because of my
15 job. I mean, I couldn't get off when I wanted to get off.
16 And Jade, he didn't have a job, so -- I mean, if he didn't
17 have a job, he has access to go all the time. I had a job,
18 so I didn't have access to go to school like I wanted to.
19 But I did ask my job, can I have them days off to go to my
20 kids' school conferences and activities. They said yes
21 sometimes, and they sald no. But then I would call Jade and
22 say I couldn't go and why, so he would end up going.
23 Q Did you ever call their teachers to talk to
24 their teachers even though you couldn't --
25 A Yes, and they said -- you know, were telling
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1 me things about them and stuff, yes.
2 0 Do you recall this Christmas vacation when
3 you we~e to pick the girls up for Christmas?
4 A I was late because of the weather. It was
5 bad down here, and my fiance was not going to come in the bad
6 weather.
o
When were you to pick them up? Do you know
the date?
A Before the 25th, before Christmas.
Q Was it December 23rd?
A I can't recall.
o It was sometime before the 25th?
A Yes.
o How long were you to keep them?
A A week, I thlnk, until -- wait a minute
until I think it was like the 1st of January, if I'm not
mistaken.
o When you did not pick them up before
Christmas, did you call?
A Yes, I did.
o What did you say?
A I told Jade why I couldn't pick them up,
because of the weather, like I said.
o Did you tell him when you would pick them
up?
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them up at all
arrested?
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Yes, I did.
What date was that?
I coulcn't specify because of the weather.
Isn't it true that you weren't going to pick
for Christmas until you learned that Jade was
I wasn't going to pick them up at all?
That's correct.
Yes, I was going to pick them up.
Then it turned out that you didn't come
until he was arrested?
A No, that's not true. It was because of the
weather. That's why I did not come.
Q When did you pick them up?
A Probably like two, three days after
Christmas. Probably around about the 27th, 28th of December,
around about that area.
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Q
Do you recall the day that Jade was
A Probably a week or two before that, I think.
0 That would have been before Christmas?
A Yes, I think.
0 You said you talked to him before Christmas
about not coming up?
A
He wasn't even in jail then. He wasn't even
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in jail then. I just can't recall when he went, but I know I
did talk to him and tell -- and told him why I couldn't come
up there.
Q When did you decide not to return the girls,
in violation of the court order?
A When Jade went to jail.
Q So, you actually picked them up and knew you
weren't going to return them?
A Yes, because I didn't want them to be around
that, because he was in jail. Jen and his mom didn't have
any custody, he did, so I felt that it was for me -- for
their safety to stay with me.
Q Did you call to determine that he was
released from prison?
A No.
o Jade called me and told me that he was
released and for me to bring them back. Then that's when the
judge said if I wouldn't have brought them back he would have
held me in contempt, so I brought them back.
o So that's the only reason you brought them
back, because you would have been held in contempt?
A Yes.
Q While the girls were with you, did you have
Christmas down there?
A
Yes. I couldn't get that much stuff, but I
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did get them something. I got them clothes, but I didn't get
them toys or anything. I got them clothes.
o Did you have a Christmas tree?
A No, I did not. My dad had a Christmas tree,
and we went over there.
Q You expected to bring them down sometime
anyway, but you still did not have a Christmas tree?
A No, because I couldn't afford one at that
time.
0 You weren't working at that time?
A I ""as working, but I couldn't afford it. I
didn't even get my paycheck.
o You testified earlier that you didn't start
working until February. We're talking about December. So,
you weren't working?
A No, I wasn't. I'm sorry.
Q While the girls were with you in Florida,
did you ever leave them alone with Charles?
A By theirself?
o Yes.
A No, I never ever did that.
Q When you enrolled them in the school down
there, you called Bellaire, didn't you?
A Yes, I did.
o And you told the principal that they had
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1 been transferred and to send their records down to Florida?
2 A I told the receptionist, and she sent them.
3 0 Did they miss any school? When did you do
4 that?
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12 A No, because I didn't have all the
13 information I needed for them to enroll. I had to get all
14 the information.
A I mean, I had to get paperwork.
0 From which school?
A Fr.om this school.
Q From Bellaire?
A From Bellaire.
Q Did the girls not start school at the
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Q When did they enroll in school then?
A Probably around the -- January the -- like
January -- probably around the 4th of January, the
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o Then you returned them which day to Jade?
A Probably like the middle of that, I think it
was.
Q So, how long
A I think it's like Quay was in school for
a week no, Yonna was in school for a week, and Quay was in
school for four days, because I had to get more information
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A No, but I did send them a lot of stuff,
books and stuff.
Q You were in Carlisle in March for the
conciliation?
A Yes.
Q Did you see the girls then?
A Yes. They stayed with me the whole time.
Q Where did you stay while you were here?
A I stayed with a friend.
Q Did you tell Jade you were staying at your
grandfather's?
A Yes, I did, because at that time he did not
like my friend because of a dispute between my friend and his
sister, so I felt like he would have tried to withhold them
from me. That's why I said that.
MS. VERNEY: Your Honor, if I may have a
second. (Brief pause.)
That's all I have, Your Honor.
THE COURT:
MS. CAREY:
Ms. Carey?
Just one redirect.
REDIRECT EXAMINATION
23 Q Ms. Verney was questioning you about '97 and
24 '98, and she talked about like Jade's week and your week. You
25 really had more than a week with the girls, right?
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A Yea. I just really didn't understand too
much what she was staying.
o During all the times that ,Jade had the
girls, did you ever try to see them during those times, too?
A Yes, and he would
o Did he let you?
A No, he did not. He would always come up and
say they were going somewhere or they had to do something or
whatever.
o When you had them, if he wanted to see them
for some reason, would you cooperate with him?
A Always. I would never say no. I would
always let them go.
MS. CAREY: I have nothing further.
THE COURT: Ms. Verney?
MS. VERNEY: Nothing else, Your Honor.
THE COURT: You may step down. Thank you.
I notice a police officer apparently has been subpoenaed for
the hearing.
MS. VERNEY:
Well, Your Honor, he has a
record of the June 12, 1998, incident which you have ruled
now to be irrelevant, so I can release him.
THE COURT:
I guess you are released then.
Thank you. We'll take a brief recess and then reconvene.
(A brief recess was taken.)
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MS. VERNEY: Your Honor, during the break I
talked to my client. I have two areas of questions, if I
might recall Ms. Battle, on cross.
MS. CAREY: I object. Cr.oss-examination is
over.
THE COURT: This lS the only opportunity
that the parties are going to have to present that at this
time. Resume the stand. You are still under oath.
(Sophia Battles resumed the stand.)
RECROSS-EXAMINATION
BY MS. VERNEY:
o Ms. Battle, do you have medical insurance
with your employment right now?
A No, because it's through a temp.
o Have you made arrangements to get the girls
medical insurance?
A Yes.
Q What attempts have you made?
A I was going to put them through Allen's
medical insurance.
21 0 Will that have to wait until you are
22 married?
23 A I can't say. Only him. I think they can be
24 added on there.
25 0 How do you discipline the girls?
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I mean, I punish them.
How do you punish them?
I put them in their room, don't let them
Q
A
Have you ever physically punished them?
Once, but not at the time -- not at the
7 point that I would put bruises on them.
8 Q Have you ever taken a hanger to one of them
9 and hi t them wi th a hanger?
10 A No, no objects.
11 0 Have you ever kicked them?
12 A No.
13 MS. VERNEY: That's all I have, Your Honor.
14 THE COURT: Ms. Carey?
15 REDIRECT EXAMINATION
16 BY MS. CAREY:
17 Q When are you planning on getting married?
18 A Well, we was going to get married July the
19 10th, but now we're trying to save up money to have a big
20 wedding, so we're probably going to wait until like maybe
21 September sometime. I think the middle of September
22 sometime.
23
24 MS. VERNEY:
25
MS. CAREY: That's all
That's all I have, Your Honor.
MS. CAREY: Call Allen Weaver, Your Honor.
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o I'm sorry. I have to go back for a minute
with the employment. How long did you work with that
trucking company that you worked with?
A Four years.
Q And prior to that, what did you do for a
li ving?
A Truck driver.
o Were you in the service?
A Yes, ma'am.
o For how long?
A Five years.
o When was that, approximately?
A F~om '86 to about '91, '92,
o When you are down in Florida, I'm sure you
spend time with Sophia. Do you see her on a regular basis,
like a few times a week?
A Yes, ma'am. During the week, I see her
about four days.
Q When you're with Sophia, could you describe
for the Court her parenting abili.ty with her son and
daughters, if you have knowledge of that?
A She's very good with kids. She reads with
them during the times I be around, and she plays with them.
We take them to eat. We have a lot of fun with them.
o Does she have a regular routine with the
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and every other weekend I came up she had them.
Q Did you have contact with her during the
week?
A Yes, I called about every day.
o Some of those times did she have the
children with her?
A Yes.
o That was --
A Yes, about every time I called.
Q How would you describe the mother's
relationship with her daughters?
She loved them. She loved being around
A
them.
Q
A
0
Charles?
A
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the father?
A
Did the children respond to her?
Yes.
What is the relationship with their brother,
They love him to death.
Has he missed them since they have been with
Oh, yes.
MS. VERNEY:
Objecti.on, Your Honor. How
can he know if a two-year-old has missed his sisters if it
isn't hearsay or speculation?
THE COURT:
Ms. Carey?
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MS. CAREY: Your Honor, I'll limit my
questio~s to what he observes.
THE COURT: You may ask what he has
observed rather than a conclusion.
BY MS. CAREY:
o What hav~ you observed regarding Charles and
his behavior since his sisters haven't been living with them?
A He runs around the house. If he sees a
picture of them, it's sissy, sissy. He'll run to the phone
for Sophie to call them.
o Does Sophie have phone contact wit.h the
girls regularly?
A Yes, ma'am.
o To the best of your knowledge, is it more
than once a week or twice a week? Do you know?
A I'd say about two, three times a week.
o Now, the girls were down in Florida at
Christmastime, is that correct?
A Yes, ma'am.
o How did that period of time go with the
girls? How were they?
A Oh, they were very happy. They was doing
pretty good in school. They met new friends. They had a lot
of things to do around the apartment complex.
o In terms of the things to do around the
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apartment complex, could you describe some of the things that
you did with them, if anything?
A Yes. They go to the swimming pool. They
play at the playground. They ride their bicycles.
o Now, were you in the courtroom when Sophia
was testifying about her job?
A Yes, ma'am.
o Do you have knowledge of the exact times
when these jobs were?
A Yes, ma'am.
o Could you tell the Court when she worked?
A Yes. She worked at Universal Studios fr.om
November till about the time we had to come up here.
And that would have been Christmastime?
Yeah, around Christmas.
Did she have that job before she went there?
No, she didn't. She applied for it when we
Q
A
0
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got down there.
Q
there?
A
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this point?
Was she down there before YOlJ were down
Yes, ma'am.
Why did you relocate to Florida?
I was planning on getting closer to her.
So, what is your relationship with her at
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A Fiance.
Q When are you planning on getting married?
A It was going to be July the lOth, but we
pushed it back because she wanted to have a bigger wedding.
Q Will you be able to get the children medical
insurance?
A No problem.
Q I'm sony. I stopped you. You were talking
about Sophia's wor.k. Please excuse me. Could you back up
and finish. Why did she -- did she leave Universal Studios?
A Yes, ma'am, because we had to come up here
to pick up the kids aftp.r Christmas.
Q Then where did she work?
A She went to Scholastic Books. She stayed
there until the time we had to bring the kids back, because
the job -- she just had started, and the job wouldn't let her
take off like that.
18 Q
19 come back?
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So, that was early January when you had to
A Yes, ma'am.
Q 'I'hen did she get another job after that?
A Yes. She started working at the auction.
0 Is she still workj,ng at the auction?
A Yes, ma'am.
0 In terms of your job, is that a full-time
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job?
A Yes, ma'am.
0 Wlth benefits?
A Yes. I got medical, dental and vision.
Q I'm sorry. I didn't hear you.
A Medical, dental and vision.
0 Do you think you'll be able to include the
children on all of those?
A Yes, ma'am.
o Are you aware of Sophia's -- if there is any
family support in the area where she lives?
A Yeah. She's got plenty of family support
down there.
o Give some examples.
A Her dad, and now she gets along with her
stepmom, and her brothers and cousins and all that.
Q Does Sophia have contact with the family
members?
A Yeah. She talks to her dad about every day,
and one of her cousins -- about three of her cousins call
about every day.
Q Does she get together with the children and
the cousins?
A Yes, ma' am.
o Do you trust her to take care of your son
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1 when he's there?
2 A Yes, ma'am.
3 Q There was some testimony about how she
4 disciplines the children. How would you describe the way she
5 gets the children to listen to her or disciplines them?
6 A Well, she talks to them sometimes. If they
7 don't want to listen, she probably just like a spank,
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because, hey, sometimes they don't want to listen.
0 Where would she spank them?
A Sometimes on their hands.
Q Then do they do what they're supposed to do
then?
A Yeah, except that little Charles.
Q Do you have any concern about the way she
disciplines the children at all?
A No.
Q The children are pretty respolfsive to her?
A Yes, ma'am.
o When you were up here with Sophia, you spent
time at her house with her, also?
A Yes, ma'am.
Q You didn't live there, did you?
A No, ma' am.
o Did you see her with the childl"en durinq
that year?
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1 A I seen her about, like I said, every time I
2 came up. That was every other week. I guess that was her
3 week to have them.
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10 Q So, when he picked them ~p, he took them
11 over to his mother's?
12 A Mostly his sister came and got them.
13 0 His sister. Does she live with his mother?
0 She had the children with her?
A Yes, ma'am.
Q Did you ever see Jade with the children?
A No, not really. To tell the truth, not
really. Most of the time when I did see them, his sister or
someone picked them up.
14
A
I guess so.
A
0
ar.ea?
A
0
general area?
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A Yes, ma'am.
o In terms of employment in that area, are
there opportunities there for Sophia to work and yourself?
A Yeah. There are a lot of opportunities.
0 Your job is pretty secure at this point?
A Yes, ma'am.
MS. CAREY: I have nothing else.
THE COURT: Ms. Verney?
MS. VERNEY: Thank you, Your Honor.
CROSS-EXAMINATION
BY MS. VERNEY:
Q Mr. Weaver, when did you move to Florida?
A Around about -- I'd say around about
December I moved there, I came down.
Q You came down in December?
A Yeah.
Q Did you move in -- was Ms. Battle living
where she lives now?
A Yes.
Q She was?
A Yep.
0 Have you transferred all of your mail and
your driver's license to FIQrida?
A Yep.
0 And what address is on your driver's
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license?
A I have 5280 Long Road.
o Long Road. And that's where Sophia's father
lives?
A No. My mail goes to Sophia's house.
o Okay. But it's your testimony today that
you don't live there?
A No, I don't.
o Wel.l, if you're living at her father's
house, why don't you have your mail sent there?
A Because I'm a truck driver. I come there
every so often, and she can open my mail. They can't open my
mail. I call her every day to ask her what's going on.
o Didn't she say that she visited her father
almost every day because he was ill?
A Yes.
o So, she could have just as easily picked up
your mail at her father's?
A Yeah, she could do that, too.
o The address that you've given your employer,
is that also 5280 Long Road --
A Yep.
o -- as your residence?
A Nope, it ain't my residence. That's JUBt
where my mail goes.
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o So, your employer has two addresses for you,
one is your mailing address and the other is your residence?
A Yes, they do. They have one -- they have
the one in Georgia and the one in Florida.
Q And the one in Florida is Sophia's house?
A Right.
o Not Sophia's father's house?
A Nope.
o Do you ever spend overnights at Sophia's
house?
A Once.
o One time, one night?
A Yep.
o Were you there overnight when the girls were
there?
A Are you talking Florida or up here?
o Florida.
A Yes.
o Yes, what?
A I spent the night over when the girls were
there.
o Was that one time?
A Right.
o Let me make sure I understand. Is it your
testimony that you've only spent one overnight at Sophia's
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1 residence in Florida?
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A
Yes,
o
That's right, okay. When you came to visit
4 Sophia in Pennsylvania, you always spent the night, is that
5 correct?
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12 Florida?
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A
Right.
o
How frequent was that?
A
That was every other weekend.
o
Friday to Sunday?
A
Nope, Saturday to Sunday.
o
Do the girls call Sophia at her house in
A
I don't know. Every night, if I'm over
14 there, I can pick up the phone. I've talked to Jade a few
call Sophia that you're usually at that apartment?
A No.
0 That's not true?
A No. I drive truck, so I can't be there all
the time.
0 But you drive only locally now, correct?
A Right. I could be out a day and a half.
Q Do you work a normal work week?
A Thirty-two houj.'s.
,
15 times.
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Q
Is it accurate to say that when the girls
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that trip?
A That trip right there, she didn't miss --
she didn't really miss none, because they had released her
before we got back down because they didn't want her to take
off.
o I'm sorry. I didn't understand that.
A They did not want her to take off, so
they --
Q Well, what was her work hours at the time?
A She was working from 7:30 to about 4:30, I
think.
Q This was when she was at Universal Studios?
A No, Scholastic Books.
o When did she work at Universal Studios?
A November -- sometime in November till
December, the Christmas holidays.
o So, did she lose her job at Universal
Studios because she came up here to pick the girls up?
A Yes, because she just had started.
o Do you know what day of the week that was?
A (Witness shakes head negatively.)
o You don't remember?
A Nope.
o So, it's your testimony that she lost her
job at Scholastic because you returned the children in
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January?
A
0
go to work?
A
Q
January?
A
0
auction?
A
0
Right.
Then after Scholastic Books, where did she
The car auction.
So, she lost her job at Scholastic in
About January 12th or 14th.
When did she start working at the car
A week later.
So, her testimony that she's only worked
there for four days is incorrect?
A Yes, it was. I got the correct dates.
o How is it that you have the correct dates
and she doesn't?
A I guess I'm not nervous like she is.
o Now, were you with Sophia and the girls
every day they were down there at Christmas?
A Well, about every other day, the days that I
didn't work. On the weekend, yeah.
o What did YOll do when you were there?
A Well, we went to the park. They went
swimming. We went out to eat, went to the movies. We did a
lot of things.
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o Did Sophia discuss it with you that she was
going to enroll the girls down there and not return them?
A Well, to tell you the truth, I didn't have
nothing to do with that. That's between her and Jade.
Q Did she discuss it with Jade?
A Apparently. I don't know.
o But she did not discuss it with you?
A Nope.
Q Now, did Sophia go down to Florida because
of her sick father, or was she going to move there anyway to
relocate with you?
A I don't stay in Florida. I stay in Georgia.
If she would have moved with me, she would have moved to
Georgia, but she moved down there to be with her father.
Q What physically is wrong with her father?
A I don't know.
o Well, you live with him, don't you?
A That don't mean I know what's the matter
with him.
o Is he in the hospital?
A No.
o Has he been in the hospital recently?
A Yes.
Q When was he in the hospital?
A I think he went last year around - - about
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1 November, December.
2 0 And has he been in the hospital since then?
3 A I don't know. I know he goes to the
4 doctor's office a lot.
5 0 You said that you will be able to obtain
6 medical insurance for the girls?
7 A I'll do my best.
8 Q Then you are not sure you can obtain medical
9 insurance?
10 A Yes, I can.
11 Q Well, will you be able to purchase it before
12 you and Sophia get married?
13 A I don't think so. I'll have to ask my job.
14 0 At this point, you think you have to wait
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24 Q So, at this point, you have nothing
25 conclusive about the girls?
unt il you are married in order to obtain it?
A More than likely.
Q Well, have you discussed it with them?
A Yes.
0 What have you learned?
A They told me they'll get back with me.
Q I'm sorry. I didn't hear your answer.
A My supervisor told me he'll get back with
me.
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REDIRECT EXAMINATION
BY MS. CAREY,
o You know where the house is?
A Right. I know how to get there.
MS. CAREY: I have nothing else.
MS. VERNEY: Nothing else.
THE COURT: You may step down. Thank you.
MS. CAREY: Maurese Chandler.
MS. VERNEY: Your Honor, I would like an
offer of proof for this witness.
THE COURT: Do you want to put something on
the record?
MS. VERNEY: Only to make sure she is going
to testify to what occurred after December 18th, which is
what we have been restricting the testimony to, except for
the educational areas.
THE COURT,
MS. CAREY:
Ms. Carey?
Your Honor, she is going to
testify to her knowledge about Sophia's long-term care of the
children. she would go back somewhat beyond December 18th,
but we have been going back to that. She has seen her
working with the children, helping with their education, so I
think that that is relevant, She's also going to testify
about her knowledge of Jade and his activities.
THE COURT: After December 18th?
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1 MS. CAREY: No, but it relates to -- it's
2 behavior that she saw Jade engage in; and now knowing that he
3 had been in prison, it causes her concern about the behavior
4 that she observed in the past.
5 THE COURT: Ms. Verney?
6 MS. VERNEY: Your Honor, I think that's
7 irrelevant.
8 THE COURT: I think the behavior prior to
9 December 18th, unless it sheds some light on present
10 circumstances, would not be relevant. You can ask questions
11 that you think are relevant, Ms. Carey. If there's an
12 objection to a spe~ific question, then I would ask Ms. Verney
13 to object at that time.
14 MAURESE CHANDLER
15 having been duly sworn, testified as follows:
16 DIRECT EXAMINATION
17 BY MS. CAREY:
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o
A
o
A
Q
A
o
A
What is your name, please?
Maurese Chandler.
Spell your first name.
M-a-u-r-e-s-e.
And your last name?
Chandler.
Do you reside in Carlisle?
No. I reside in Philadelphia. My address
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is 9335 Neil Road. That's N-e-i-l.
o You are from Carlisle?
A Originally, yes.
Q You have been friends with Sophia for
approximately how long?
A Well, our families know one another, so --
I've become cloBer with her, I guess, since the late '80s.
Q During the past year, have you had contact
with her?
'.0
A Over the telephone. I recently got married
and moved away, so we haven't had -- we haven't been together
as much. I did see her in December when she was here, and I
saw her in February when she was here.
o You were married when?
A It was a year yesterday.
o In 1998?
A Yes.
o When you saw her when she was here this
year, was she with her children?
A Yes.
Q How would you describe the care she takes of
her children?
A Sophie, she's an excellent mother.
o Why do you say that? What did you observe?
A She has an immaculate home, wherever it may
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1 have been. Since I've known her, she's lived in several
2 places due to, you know, increase in her family, you know,
3 one or two bedrooms or three bedrooms or what have you.
4 Sophie is an immaculate housekeeper. I say that because I
5 have a daughter that will be eight in July, and she is the
6 same age as Shaquay. My daughter and Sophia's daughter know
7 each other very well, and they're together. Because of this,
8 I had visited Sophia's house several times. She is
9 immaculate. The kids are neat, clean, hair always combed,
10 clean sheets, food in the refrigerator. I mean --
11 Q Recently, when you saw them, what was the
12 girls' relationship like with their mother? What did you
13 observe?
14 A When I saw them in December, I guess since I
15 hadn't seen -- I hadn't seen the children in a while, because
16 I moved to Philadelphia, but they're -- they love Sophia. I
17 mean, they're fun loving and affectionate, glad to be with
18 their brother. I saw -- I spent time with them yesterday
19 when Sophia got into town. We were over in the park. They
20 were happy to see their mother.
21 Q Did you see their relationship with Allen?
22 A When he was -- when him and Sophia were
23 when Sophia lived here, before she moved to Florida, and I
24 guess it was just the beginning of the courtship of her and
25 Allen
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MS. VERNEY: Objection, Your Honor. That's
a time before the December 18th order.
THE WITNESS: That was within the last year.
MS. CAREY: Your Honor, I think it is
relevant. She can corroborate the r.elationship with Allen
and the children. That's relevant.
THE COURT:
The objection is sustained.
BY MS. CAREY:
o How does Sophia discipline the children when
you've seen her -- during the times you've seen her this
year?
A Well, I'm a mother myself, and I tend to do
more hollering than I do disciplining. I guess -- I'm sure
you're a mother, too, and you know. Raising her voice a
little bit seems to get the job done. In my presence with
Sophia, she would holler, you girls need to do this or you
guys need to go upstairs and do this, that or the other; but
never, in my presence, had I seen Sophia lay a hand, use any
type of lJ,,-l t or' anything on her children.
o Have you seen the children with Jade in the
recent past?
A Honestly, I've known Jade basically all my
life. We went to school together.
MS. VERNEY: Objection, Your Honor. I
think the question should be restricted to December 18th,
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1 1998, and beyond.
2 THE COURT: Ms. Carey?
3 MS. CAREY: Your Honor, I think it goes to
4 his behavior, which is relevant, his behavior with the girls,
5 his criminal behavior, also, which is relevant.
6 THE COURT: If both counsel want me to
7 litigate the custody case from the very start, I'll do that.
8 We'll ne~d another day or even more than a day. But if not,
9 I would restrict it to things that have happened since
10 December 18th, 1998. What are counsel's wishes? I mean,
11 both counsel seem to be trying to get things in that occurred
12 before that date.
13 MS. VERNEY: Judge, I certainly prepared
14 the case back to August of '97, which is the most preceding
15 order to the December 18th, but also have evidence before
16 that, and it was evidence concerning allegations of child
17 abuse by the mother and other interaction at the school that
18 would be prior to that date. I really don't have an
19 objection if we go back at least to August of '97.
20 THE COURT: Ms. Carey?
21 MS. CAREY: Your Honor, in terms of this
22 testimony, I think that the relevant piece is Jade's
23 behavior. I don't necessarily want to go back to anything
24 else beyond this December, but in terms of any criminal -- or
25 any reputation for criminal activity that she has observed
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MS. CAREY:
Objection. That would be
hearsay.
MS. VERNEY:
Well, Your Honor, she's opened
up this line of questioning because she asked her about
discipline, and I'm bringing it out further. She said she's
never seen it, but she is aware of prior allegations.
MS. CAREY: They were just that( Your
Honor, allegations. There was testimony that there was never
any finding of any kind of abuse.
THE COURT: You may ask the question as to
what she may be aware of.
BY MS. VERNEY:
Q
Are you aware of allegations of abuse
against Sophia?
A Yes, I was.
Q Were you aware that those allegations were
brought through the school?
A Yes, I was.
o Also through the Head Start Program?
A Yes, I was.
o I assume you were aware that they were
unfounded?
A
Q
Yes, I was.
But that, nevertheless, there were
allegat ions?
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MS. CAREY: That's been asked and answered.
THE WITNESS: Allegations are allegations.
Unfounded proves that she didn't abuse the children.
BY MS. VERNEY:
o Were you also aware -- you said she was an
immaculate houseKeeper and she's never laid a hand on them
and she's a wonderful mother.
A That's correct.
o Were you also aware that she once left the
three children alone in a bathtub?
MS. CAREY: Objection.
MS. VERNEY: Your Honor, I think it's
appropriate.
MS. CAREY: That's beyond December 18th.
THE COURT: It is, but this witness made
some statements about the mother would never do such a thing.
I think she's opened the door to some of these questions, at
least, including this one.
BY MS. VERNEY:
0 Were you aware of an allegation ill June of
1998 that Sophia left the three children alone in a bathtub,
yes or no?
A June of 1998, I wasn't even in Carlisle.
0 Is your answer, then, no, you're not aware
of that?
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A That's correct.
MS. VERNEY: That's all I have, Your Honor.
THE COURT: Ms. Carey?
MS. CAREY: I have nothing else.
THE COURT: You may step down. Thank you.
MS. CAREY: Terrie O'Neal.
TERRIE O'NEAL
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. CAREY:
o Your name, please.
A Terrie O'Neal.
Q Spell your last name.
A O-'-N-e-a-l.
THE COURT, How do you spell Terrie?
THE WITNESS: T-e-r-r-i-e.
BY MS. CAREY:
Q What is your relationship to Sophia?
A I'm Sophia's cousin.
Q Have you had occasion to be with Sophia and
her family in the recent past?
A Yes, I have.
o How w~uld you describe her relationship to
the children?
MS. VERNEY:
Your Honor, again, I'm going
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to object. I think we need to define what the recent past
is, that it should be restricted to December 18th, 1998, and
beyond.
THE r:OURT:
Ms. Carey?
BY MS. CAREY:
Q Have you seen Sophia with the children since
C'ecember of this year?
A Yes, ! have.
0 Where did you see her?
A I saw her when she came up in December, I
believe it was, and I saw her when she came up - - I think it
was, I guess, February, because she had some possessions at
my home.
Q
A
Was she with her children then?
I saw her in
it was in December I saw
her, but the second time she had just dropped the kids back
off.
o How would you describe the care that she
took of the children when she was with them?
A She's always taken good care of them. They
never complained, and they've stayed with me a couple of
times.
o Do you have knowledge that the girls -- are
you a Girl Scout leader?
A
Yes, I am. I have been for about ninp.
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years.
o Were you in the courtroom when there was
testimony about the girls being in Girl Scouts?
A Yes.
Q They testified that they were in a
particular troop?
A Yes. They were in myoId troop that I had
for seven years.
Q Were they in the Girl Scouts when you were
in charge of that troop?
A This is the first year that I've Been them
in Girl Scouts.
Q So, it's just since ,iade has the custody in
December?
A Yes.
o Your testimony of the children being tutored
by Donna Jones, do you have knowledge of Donna Jones?
A Yes, I do.
Q Do you have any knowledge of whether or not
she is authorized to operate day-care facilities?
A Well, she had two day-care facilities, both
of which have failed.
Q Have you tried to see the children since
Sophia has relocated to Florida?
A Yes, I have.
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Q
grandmother?
A
0
children?
A
Q
A
Q
A
0
Have you had cooperation from the
Not the grandmother, I haven't.
Did you ask the grandmother to see the
Yes, I did.
Do you have a child yourself?
Yes. I have three.
Are your children around their ages?
My daughter is. She's six.
Did the grandmother ever let you see the
children when you asked?
A No. She said she would think about it; and
if I wanted to see them, I would have to pick them up at
their grandfather's, if they were there.
o During the time that you saw Sophia since
December, how would your describe their relationship with
Allen?
A It was pretty good. He seems to like kids.
I really like him. He's a nice person.
Q How about with their brother, Charles?
A Yeah. They are -- they are really good
together. I was over there watching them in the room, and
they played really good.
o Do you have any concerns about Sophia's care
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girls in December of this year?
A Yeah. Well, she had stoppe~ at my house.
o Was that when she came to pick them up to
take them to Florida?
A I guess.
Q How long did you see them at that time?
A For about a half hour or so.
Q You said she was here in February again?
A Yeah.
Q How do you know February?
A I think i. t was in February, because she had
to come pick her car up that was at my house.
Q February is the girls' birthday month, isn't
it?
A I have no idea.
Q You indicated that you haven't had
cooperation from Charlotte, that's the girls' grandmother,
about visits?
A Right.
o Didn't Jade and his girlfriend bring the
girls to a birthday party at your house recently?
A Yes. That's because I couldn't get
cooperation from the grandmother. I had called Jade a couple
of times, and he said it was fine. I never have any problems
with Jade.
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Q So, you spent about thirty minutes with
Sophia and the children in December?
Um-hum.
Did Sophia have the girls in February when
A
Q
you saw her?
A
0
morning?
A
morning.
0
No.
Then you just saw them last night or this
I saw them last night, and I saw them this
You've indicated that her method of
discipline is just to yell at them?
A That's all I've ever heard. I've never seen
discipline.
Q You're aware of allegations of bruises?
A Just what I heard here.
Q You were not aware before today of an
allegation that she left them alone in a bathtub?
A No.
MS. VERNEY: That's all I have.
THE COURT: Ms. Carey?
MS. CAREY: That I s all I have.
THE COURT: You may step down. Thank you.
MS. CAREY: Your Honor, may I have a
minute, please?
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THE COURT: Certainly.
(Brief pause.)
MS. CAREY: Your Honor, that's all. I
rest. I ask that my exhibits be admitted, 1, 2 and 3, and I
believe it's A through U.
MS. VERNEY: No obJection, Your Honor.
THE COURT: All right. Defendant's
Exhibits 1, 2 and 3 are admitted.
(Plaintiff's Exhibit Nos. 1, 2 and 3-A
through 3-U were admitted.)
THE COURT: Ms. Verney?
MS. VERNEY: Your Honor, I would normally
call the father, but I have some witnesses here that I would
like to excuse, maybe before we break, so I would call Mr.
Shank.
MS. CAREY:
Your Honor, before we start, I
would ask that this testimony be limited to since December of
1998.
THE COURT: Ms. Verney?
MS. VERNEY: I think, regarding education
and regarding discipline, we've gone beyond backwards the
December 18th, 1998, order date; and that's what I intend to
question Mr. Shank about, not only the recent times, but also
prior times.
THE COURT:
Ms. Carey?
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MS. CAREY: Your Honor, I think anything
beyond December is irrelevant.
THE COURT: What I have indicated is that
the only evidence prior to December 18th, 1998, is going to
be evidence that reflects upon things that have occurred
since that date. Education, apparently, is one issue that's
in dispute. And changes have occurred since that date, so I
will. permit this testimony.
MS. VERNEY: Thank you, Your Honor.
ALLEN SHANK
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. VERNEY:
Q State your name, please.
A My name is Allen Shank.
Q Will you spell your last name?
A S-h-a-n-k.
0 Where are you employed?
A Carlisle Area School District. I'm
principal at Bellaire Elementary School.
o How long have you been principal at
Bellaire?
A Seven years.
o How long have you been in the education
field? Longer than you care to admit?
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A Twenty-seven years.
o Has that all been in the Carlisle area?
A Yes, ma'am.
o As principal of Bellaire School, do you know
Shaquay and Yonna Brock?
A Yes.
Q Do they attend your school?
A Yes, ma'am.
Q For how long has Shaquay attended Bellaire?
A She completed her third year.
Q She's completed kindergarten and firat grade
twice?
A That's correct.
Q How long has Yonna attended Bellaire?
A Two years.
o That was kindergarten and first grade?
A That's correct.
o Were both girls promoted to the second grade
this year?
A Yea, they have been.
o Do you know Mr. Brock?
A Yes.
o How do you know Mr. Brock?
A Mr. BrocK was a student of mine when I
taught back in the '70s at Stevens School, and I now know him
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1 once again as a father of these two children.
2 Q Does he come to school frequently?
3 A We ar~ allowing this to go back beyond
4 December?
5 THE COURT: Let's start with what's
6 happened after December 18th of 1998.
7 MS. VERNEY: Okay.
8 BY MS. VERNEY:
9 0 When school started back after the Christmas
10 holidays, were you contacted concerning the transfer of the
11 girls?
12 A Yes. Mr. Brock let me know that they had
13 not returned from their Christmas vacation and that he was
14 going to be going to Florida, I believe it was, to seek them.
15 0 At any time, had you heard from Ms. Battle
16 regarding the girls' records?
17 A I did have a correspondence with her
18 somewhere in March. I have a letter that I had sent back to
19 her March the 4th, where she was requesting some records at
20 that point.
21 0 Do your records reflect that she contacted
22 the school prior to that?
23 A No, I don't have any record of that.
24 Q Okay. Have you had any contact with Ms.
25 Battle since the girls have come back to school in January?
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Q
18th of 1998?
A
None, no.
Has Mr. Brock been at school since December
I have seen him a few times in school since
then, yes.
o Do you know for what purpose he was there?
A He's come in as a room parent or to eat
lunch with the girls.
Q What does a room parent do?
A Help at parties.
o Did you see him recently at a talent show
that the school had?
A Yes.
Q And that was just
A Just last week.
Q Do you recall if you've seen him any other
time since December of '98 till now?
A No, r haven't seen him as many times from
December to now as I have been used to in the past.
o You have seen him at the school prior to
December 18th of '981
A That's correct.
Q In what capacity have you seen him visiting
the school then?
A He would come in for lunch., We have a very
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1 open lunch situation. rhe parents can come in and eat lunch
2 with their children, and he would do that on a pretty regular
3 basis, maybe once or twice a month. We have a walking
4 program on Wednesday afternoons, and he would come in and
5 participate and walk with his children and along with all of
6 the other children who were walking.
7 0 Was that this school year?
8 A No. I thought you said prior to that.
9 Q That was last year that he also came in with
10 the walking program?
11 A Yes.
12 0 Okay. Does he have, to your knowledge, any
13 other involvement at the school?
14 A Not that I can think of right away.
15 0 Now, was there a time last school year when
16 there were concerns over bruises on Shaquay?
17 A During this current school year, '98, '99?
18 0 This current school year.
19 A No, I don't have any document at ion of
20 bruises.
21 0 How about the prior school year?
22 MS. CAREY: Objection, Your Honor.
23 MS. VERNEY: Again, Your Honor, it goes to
24 the allegations of her discipline pattern, and it goes to the
25 school. The school became involved in certain allegations of
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bruises and made referrals to Children and Youth. I think
that is relevant.
THE COURTt
Is this p~ior to December 18th,
1998?
MS. VERNEY: Yes, it is.
THE COURT: The objection is sustained.
BY MS. VERNEY:
o Have you ever seen Ms. Battle before today?
A Yes.
Q When did you see her before?
A A few times at the school over the years.
Q Did you see her this school year at all?
A I don't have memory of seeing her; but she
could have been there, and I'm just not aware of it.
o Do you recall that she contacted YOll when
Shaquay did not pass first grade last year?
A I don't recall that, but she that's
possible. I can't say that I didn't record that anywhere.
o Are you familiar with t.he girls' arrangement
of coming to school and then returning home? Do the girls
walk to their grandmother's after school?
A Oh, yes.
o And you're aware of that?
A Yes.
Q Was there a time when that routine was
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interrupted at some point?
A I remember times when it was confueing where
they might be going. But if I would call Charlotte, she
would always help me resolve it on the spot.
o So, is it, in your mind, if the girls
weren't being picked up their grandmother was available to
take them?
A That; was my immediate first thought.
Q And their grandmother always took care of
that?
A Yes.
o Is there anything else that you have
regarding Mr. Brock's relationship with the girls?
A Generally, as a dad around the school -- I
don't see dads a whole lot, and I saw him more than I would
see the normal father corne in and spend some time with the
kids during the school day. That has to stand out for me, I
think.
Q Can you say anything about the interaction,
he had with his children? Was he always appropriate when he
was in your school?
A Absolutely. He was upbeat, always with a
smile, a handshake for me, upbeat with the kids. Yes.
o Was it not only his children, but the other
children that were there?
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A Sure.
o This walking program, that wasn't just for
his children, that was for all the children?
A That was for everybody.
MS. VERNEY: That's all I have, Your Honor.
THE COURT: Ms. Carey?
CROSS-EXAMINATION
BY MS. CAREY:
o Mr. Shank, you said that you have seen him
during the past year. There was a period of time when he was
noticeably absent from school, however, isn't that correct?
A I didn't see him much at all in the winter
of this particular school year, January, February.
o And there was a period in April and May when
he was incarcerated and was not at the school, is that
correct?
A This past April and May?
Q Yes.
A I couldn't even confirm that. It's
certainly true that I didn't see him then, but I don't
o Are you aware that he was incarcerated
several times during this past year?
A I was aware of it, yes.
o In terms of his involvement in the school,
he was available at the times that these walking programs
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occurred?
A Yes.
o Do you know when he worked?
A No, I don't know his work schedule. I think
he was doing shift work at the time.
Q So, when he was working, if he had a shift
whereby he had to work, then he wouldn't be in school for
1 unch or --
A That's correct. He wasn't there every
Wednesday, for instance.
Q Because when he worked, he wasn't there?
A Right.
Q During this past year, the mother, Sophia,
worked. Are you aware that she had a job whereby she worked
during the day?
A No. We really didn't -- I didn't have
occasion to see Sophia very much.
o So, parents who work don't usually come to
the school, parents who work during the school hours,
correct?
A Sure.
o So, there are a lot of parents you don't
see?
A Yeah, absolutely.
o Your testimony is just that the mother
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wasn't ther.e as frequently as the father?
A That's accurate. Absolutely.
Q Could that be because of her work hours?
A Sure.
Q You testified that you called Charlotte.
Did you call the mother ever when there were questions of the
schedule?
A I don't remember. There weren't that many
-- I would see Charlotte, because I kind of walk with the
children as they walk home along B Street. A lot of times I
would see Charlotte coming up to meet the grandchildren, so
I'd have occasion just to yell across the street, how are you
dOing? So, I had almost weekly visibility with her, just to
say hi.
22
o Is it accurate that the mother sometimes
picked the children up from school?
A Yes, sure.
Q You testified that you thought the
grandmother could take care of things, but you just meant
that you had a closer relationship with her?
A That's absolutely true. I felt very
comfortable with her. So, if there was a problem, I knew I
could count on her. That came from my relationship with her.
o But you don't know the times that the
parents spent with the children as compared with the
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grandmother'?
A No.
o Is it fair to say that Sophia could have
called during the past year and maybe spoken to the
receptionist about things?
MS. VERNEY: Objection, Your Honor.
Speculation.
THE COURT:
MS. CAREY:
Ms. Carey?
Your Honor, hE was saying that
he doesn't know that Sophia called. I was just asking if
possibly his secretary or a receptionist could have taken the
call.
THE COURT:
You may ask the question.
BY MS. CAREY:
Q Is it possible that your receptionist might
have taken a call lrom the mother?
A Absolutely. She takes lots of calls that
I'm not available to. She has to. I need her to do that.
o In'terms of sending out report cards, if the
mother called for report cards, is it possible that you
wouldn't have gotten that call and it would have been
deflected to the receptionist?
A That was my response to her in March. I dId
send her report cards. I can't remember if I talked to you
directly or she talked to the receptionist or if that was in
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writing, but the communication got to me that I sent her
report cards.
MS. CAREY: I have nothing else.
MS. VERNEY: No redirect, Your Honor. This
witness can be excused.
MS. CAREY:
He may be excused, Your Honor.
No objection.
THE COURT: You may be excused. Thank you
very much.
MS. VERNEY:
Ms. Mumma. Your Honor, I'll
give an offer of proof. This was the children's teacher at
the Head Start Program from the years '95 through '97, and I
will restrict my questions to the parents' involvement in the
educational process.
MS. CAREY: Your Honor, I object that that
is really too far in the past and not particularly relevant
to this at all.
THE COURT: How will this bear upon what
has happened since December 18, 1998?
MS. VERNEY:
Again, Your Honor, only to
demonstrate the lack of attention that Ms. Battle has paid to
the children's education and lack of interest.
THE COURT: The objection is overruled.
LAURIE MUMMA
having been duly sworn, testified as follows:
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2 BY MS. VERNEY:
3 0
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5 0
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12 0
Start?
A
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DIRECT EXAMINATION
State your name, please.
Laurie Mumma.
Spell your last name.
M-u-m-m-a.
With whom are you employed?
Capital A.ea Head Start.
THE COURT: Laurie is spelled how?
THE WITNESS: L-a-u-r-i-e.
How long have you been employed with Head
Seven years, and I was a parent in the
program before that.
Q During your employment with Head Start, did
you have occasion to teach Shaquay and Yonna Srock?
A Yes. They were in our program from
September of '95 to May of '97.
o Were they both enrolled during those
periods?
A Ouay was involved '94/'95 and '95/'96, for
two years; and Yonna was '95/' 96 and '96/' 97. So, they both
had a two-year experience in Head Start.
Q How frequently did the children come to Head
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Start?
"
A They were in the afternoon class four days a
week, from approximately 11:00 to 3:30 or 4:00, including the
bus ride.
Q Monday, Tuesday, Thursday and Friday?
A Correct. Wednesday was a home visit day.
MS. CAREY: I'm sorry, I didn't hear that.
8 Wednesday was?
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BY MS. VERNEY:
Q
A
Q
A
Q
homes?
A
Q
THE WITNESS: A home visit day.
Did you have occasion to visit their home?
Yes.
Did you visit the children in their home?
Yes.
Did you visit them in both their parents'
Yes.
Regarding the input that each parent had,
did you have communication with Jade?
A Yes.
o Did you have communication with Sophia?
A Yes.
o Did you have more communication with Jade or
Sophia?
A With Jade.
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o What do you base that on?
A He was more involved In the classroom and
acti vi ties that wo\~ld be done in the home.
o When you Bay he was more involved in the
classroom, can you tell us what that meant? Did he come to
the class?
A He would come and spend some time in the
classroom. He would be available to come if we needed extra
hands or volunteers.
o Did Sophia ever do any of that?
A She came a few times.
MS. VI!:RNEY:
That's all I have, Your Honor.
THE COURT: Ms. Carey?
CROSS-EXAMINATION
BY MS. CAREY:
o Did Sophia ever refuse to come when you
asked her, or was she basically cooperative when she could?
A She was basically coop~rative when she
could, yes.
o So, you had no problems with either of these
parents in terms of the involvement with the school?
A ,No.
o
A
o
And the gir.ls did well in Head Start?
Yes.
You said that you were in the homes, and the
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mother had educational things for the children, books. I
mean, wasn't it correct that you could observe --
A They had a third-floor area with all of
their things in it, toys.
Q The mother would help the children with
their developmental learning?
A She was interested in our procedure and our
testing and things, yes.
MS. CAREY:
THE COURT:
I have nothing elF.le.
Ms. Verney?
REDIRECT EXAMINATION
BY MS. VERNEY:
Q Ms. Mumma, Ms. Carey asked you if you had
any problems with either parent. Isn't it true that you did
have c. problem at one time with Ms. Battle?
A I don't remember.
o Regarding bruises?
MS. CAREY: That's asked and answered. She
said she doesn't remember.
MS. VERNEY:
I don't believe it was, Your
Honor. She asked her if she had any problems, and she said
no. On redirect, I'm trying to verify whether or not she
indeed had a problem concerning the allegations of bruises.
THE COURT: I think Ms. Carey is referring
to the answer "I don't remember".
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1 THE WITNESS t Yeah. I understood the
2 question to be about education.
3 MS. VERNEY: I think she's been listening
4 to what we've been talking about.
5 THE COURT: You ask the question.
6 BY MS. VERNEY:
'7 0 Isn't it true that you did have a problem
8 with Ms. Battle regarding certain bruises that you found on
9 Shaquay?
A
Yes. The children came to school and
reported --
MS. CAREY: Objection.
THE COURT: Wait a minute. Now we are
starting to get into some hearsay. I'll sustain the
objection.
MS. VERNEY:
Well, can I ask her, without
having to elicit hearsay from her regarding the children,
what she did as a result of the children coming to school
with bruises?
MS. CAREY:
We would stipulate that there
was an allegation and that it was unfounded.
'THE COURT: An allegat ion of what?
MS. CAREY: Bruises.
MS. VERNEY: Of child abuse, Your Honor.
THE COURT: Is that satisfactory for your
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purposes?
BY MS. VERNEY:
Q Well, there are actually two allegations of
child abuse, correct?
A Correct.
Q And it was Ms. Battle who was the suspected
perpetrator on both of those?
A Correct.
o Never was it Mr. Brock?
A No.
MS. VERNEY: That's all I have.
THE COURT: Ms. Carey?
RECROSS-EXAMINATION
BY MS. CAREY:
Q Ms. Mumma, the mother cooperated with
whatever Children and Youth wanted" is that correct?
A To the best of my knowledge.
Q The allegations of abuse were unfounded,
isn't that correct?
A I have no information of what Children and
Youth decided upon receiving the reports provided by Head
Start.
o You saw the children with their mother after'
those allegations?
A At what point after? I mean, am I allowed
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1 to ask qllestions?
2 0 You went into their home after that, the
3 mother's home after that?
4 A No. It was a hostile situation for a while.
S 0 But after the what you call hostility, after
6 that died down, you were back involved with both parents?
7 A Yes. It was a required part of my program.
8 Q The children got along fine with their
9 mother?
10 A They respected their mother. ,
11 Q And you did not see how those bruises
12 appeared on the children, isn't that correct?
13 A No. I was not in the home.
MS. CAREY: I have nothing else.
REDIRECT EXAMINATION
BY MS. VERNEY:
Q Ms. Mumma, one question. Did the' children
ever appear frightened of their mother?
A Yes.
o When was that?
A After the incidents that t~ey reported of
the bruising.
o How did they demonstrate their fear?
A They cried. They wanted their dad.
o Would they refuse to go with her?
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A No.
MS. CAREY: Objection.
THE COURT I Sustained.
MS. VERNEY: That's all I have.
THE COURT: Ms. Carey, anything further?
RECROSS-EXAMINATION
BY MS. CAREY:
Q So, any fear that you said that they showed
to their mother was short lived, correct?
A I can't answer that q~e6tion. They were
only in our program for three and a half hours a day.
Q So, you didn't see them with their mother in
the evenings or anything?
A No.
o After the allegations of abuse, they went
back with their mother, and there was no fear; you didn't see
any fear?
A I don't know where they went.
Q But you didn't see any fear after the abuse
incident was unfounded?
A First of all, I don't know what the
determination of the case was, and I really can't answer that
question.
MS. CAREY: All right. I have nothing
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THE COURT: Ms. Verney?
MS. VERNEYc Nothing else.
I
THE COURT: MaYIMs. Mumma be excused?
MS. VERNEY: Yer, Your Honor.
THE COURT: Ms. Carey, do you have any
objection to Ms. Mumma's being excused?
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MS. CAREY:
No, Your Honor.
8
THE COUR1':
There were also witnesses
9
called previously. May they be excused?
MS. CAREY: Yes, Your Honor.
MS. VERNEY: I have no objection.
THE COURT: So, all of the witnesses we've
been called may stay or leave as you choose.
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MS. VERNEY:
Your Honor, I have one very
15 short witness before lunch, and then we can excuse her.
16
Okay.
THE COURT:
17 SHIRLEY McKEEHAN
18 having been duly sworn, testified as follows:
19 DIRECT EXAMINATION
20 BY MS. VERNEY:
21
Ms. McKeehan, would you state your name,
o
22 please.
23
A
Shirley McKeehan.
24
Q
Spell your last name, please.
25
M-c-K-e-e-h.a-n.
A
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o I guess spell your first name, too.
A S-h-i-r-l-e-y.
o Ms. McKeehan, where do you work?
A Carlisle Area School District.
o As a first gradc teacher?
A Yes, Bellaire School.
o You were Yonna's teacher?
A Yes.
Q How many years do you have in the
educational field?
A About thirty-five.
o She has been promoted this year, I
understand?
A Yes.
o Has she had any problems with attendance
this year?
A No. She's been there almost every day, I
think. She almost had perfect attendance.
Q Would she always come to school clean?
A Oh, yes.
Q She would always have her hair combed
properly?
A Right, and all of the little doodads that
she loved.
o She always appeared to be fed in the
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1 morning?
2 A Yes.
3 0 Are you familiar with Mr. Brock?
4 A Yes.
5 0 Would he visit at school?
6 A Yes.
7 0 Do you recall any specific instances when he
8 did come to school this school year?
9 A Halloween. They came for the Halloween
10 parade, I remember.
o
Was he a room parent this year and helped
with parties?
A He would come in and help, yes, if we needed
extra. We had a couple of mothers, and then a couple of the
dads would come.
Q Did he attend a parent-teacher conference?
A Yes, the one back in November. Yes.
Q Did Ms. Battle attend the one in November?
A No.
o Yonna and Shaquay were in Florida for a
short time and started school there. Did you notice any
change in Yonna when she returned in January?
A Yonna is very quiet, so she keeps everything
kind of to herself. She just said she was glad to be back
and she missed the kids.
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MS. VERNEY: That's all I have, Your Honor.
THE COURTr Ms. Carey?
CROSS-EXAMINATION
BY MS. CAREYr
Q Ms. McKeehan, you said that Mr. Brock came
for the November conference. He didn't come for the
conference at the end of the year?
A No. His mother came.
Q So - -
A I had the conference.
0 He didn't o::ome to the classroom when he was
working, his schedule whereby he couldn't come, isn't that
correct?
A Right.
o The mother came -- before she moved to
Florida, the mother came to the school, also, isn't that
correct?
A Right.
o And you have seen her at the school in the
halls or --
A Yonna wanted me to meet her one day in the
hall, but, again, I don't -- I Just know it was after the
first of the year sometime.
o You had no problem with Yonna's interaction
with her mom?
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A No, because I didn't Bee that. It was -- I
saw her mostly in the classroom; and when I met her, it was
in the hall.
Q And she wanted you to meet her mom, you
said?
A Yes.
MS. CAREY: I have nothing else.
MS. VERNEY: Nothing else, Your Honor.
This witness can be excused, also.
THE COURT: Ms. Carey?
MS. CAREY: She may be' excused.
THE COURT: You are excused. Thank you
very much. We'll recess at this point for lunch and
reconvene at 1:15. Naturalization court is at 2:00, so I'll
be absent from the courtroom for a few minutes for that
proceeding, and then we'll continue after that. Court is in
recess until 1:15.
(A luncheon recess was taken.)
AFTERNOON SESSION
THE COURT: We will let the record indicate
that the Court has reconvened. Ms. Verney?
MS. VERNEY: Your Honor, I would call Keith
Burton to the stand.
KEITH BURTON
having been duly sworn, testified as follows:
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Q
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time?
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DIRECT EXAMINATION
State your name, please.
Keith Burton.
Spell your last name.
B-u-r-t-o-n.
Mr. Burton, where do you live?
325 West Penn Street.
Here in Carlisle?
Yes.
How long have you lived there?
About four years.
Was Sophia Battle a neighbor of yours at one
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16 relevant, because it's too long ago, and because we're
17 supposed to be keeping everything, except education, I guess,
18 to since the last order, Your Honor.
19 THE COURT: Correct me if I'm wrong, but
20 didn't you have some testimony in your case, Ms. Carey, as to
21 how the mother disciplines the children?
22 MS. CAREY: Yes, Your Honor.
23 THE COURT: All right. I'll permit the
24 testimony.
25 BY MS. VERNEY:
yells at them or puts them in their rooms. I think that's
allowable, because she's actually put the issue of
discipline.
THE COURT: Ms. Carey?
MS. CAREY: In terms of her discipline, I
think that -- you're saying he has firsthand testimony?
MS. VERNEY: Yes, he does.
MS. CAREY:
What would the time period be?
MS. VERNEY: Again, he's saying a year ago.
MS. CAREY: He said a couple of years ago.
THE WITNESS: A year or two ago. I'll put
it that way. I'm not sure about when she moved.
MS. VERNEY:
Your Honor, I think her method
of discipline is always at issue and relevant.
MS. CAREY:
I still think that it's not
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o Mr. Burton, have you witnessed Ms. Battle
disciplining Shaquay or Yonna?
A Yes.
Q Can you tell us how she did that?
A Well, one time I seen her smack Shaquay in
the back of the head.
o Where was that?
A This is out front. Like they were eating
spaghetti, I believe it was. Ouay dropped hers, and she
smacked her in the back of the head.
Q Did you witness any other types of
discipline?
A When she was walking, Yonna was in front of
her, and she punched Yonna in the back because she tripped
when she stepped on the back of her shoe.
o Do you recall when that occurred?
A No, I don't.
o Have you ever seen her di scipl ine Charles,
the baby?
A No.
Q Any other instances that you have seen her
interact with the children?
A I've seen her yell at them a few times.
o Were you living next door to her when she
left the children alone?
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MS. CAREY: Objection. There has never
been any testimony that the children were ever left alone.
MS. VERNEY: I believe there was testimony
regarding her leaving the children alone.
THE COURT: You might have asked that
question. Somebody asked the question, I think.
MS. VERNEY: I have asked it a couple of
times, Your Honor. I believe one of her witnesses actually
admitted that she had known about that incident.
MS. CAREY:
THE COURT:
I don't think so, Your Honor.
I'll sustain the objection.
BY MS. VERNEY:
o Have you ever seen Mr. Brock interact with
the children?
A As far as discipline or --
o Well, anything.
A I've never seen him yell or hit or smack
them or anything like that, if that's wh~t you're saying.
o That's what I'm asking. Have you seen him
playing with the children or taking them out?
A Yes.
o
A
Has he always been appropriate with them?
Yes.
MS. VERNEY:
THE COURT:
That's all I have.
Ms. Carey?
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CROSS-EXAMINATION
BY MS. CAREY:
o You said that you were a neighbo~ of Sophia.
Is it fair to say that you really haven't seen Sophia with
the children since at least prior to November of '98?
A Yeah.
Q Yes, you've not seen her?
A Right.
Q And when did she -- let's see. She moved
from your neighborhood before she went to Florida, isn't that
correct?
A I don't know.
o She lived on Mulberry Street for a year,
isn't that correct?
A I'm not sure. When she left -- well, when
she left, she said she was going to Florida. That's the last
time I had seen her. I had seen her car around Carlisle, but
I didn't see her.
o So, you had --
A Oh, wait a minute. I'm sorry. Yeah, she
did move down here.
o
A
Q
A
To Mulberry Street?
Yeah.
She lived there for about a year?
I'm not sure.
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A 139 Elm Street.
THE COURT: Where is that?
THE WITNESS: Carlisle.
BY MS. VERNEY:
Q How long have you lived there?
A About three years.
o Where did you live before that?
A 503 B Street, Carlisle.
Q And that's the address of your mother?
A Yes.
o Where have Shaquay and Yonna lived
throughout their lives?
A When they first were born, I was still with
their mother, so they lived with us together.
o That was at your mother's house?
A I'm going a way back, way, way back.
o You lived separately when the children were
first born?
A We lived together when they were first born.
o But separate from your mother?
A Yes.
Q And then eventually the two of you split up,
and you went to live with your mother?
A Yes. For a short period, yes.
Q Ms. Battle indicated that she took the
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1 children to Florida some time ago. How long did she stay in
2 Florida with the children?
3 A The first time she left, the agreement was
4 four months in Florida. This is before they started school.
S so, the agreement was four months in Florida, four months in
6 Carlisle, four months in Florida. It was supposed to go back
7 and forth like that until school started.
8 Q Did that occur? Did she stay in Florida for
9 four months?
10 A She may have stayed, but I know it was about
11 a month after the agreement that they went to Florida. A
12 month after that agreement, she called and said she was
13 having problems with her stepmother and she wasn't -- things
14 wasn't going well, so I had drove -- I remember it was
15 Memorial Day, and I drove all the way down to Florida and
16 brought Shaquay back to Carlisle with me because living
17 conditions the environment wasn't appropriate.
0
Carlisle, also?
A
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that.
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1 Q Except for that month or two months that the
2 children lived in Florida, have they always lived in
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understand?
A
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Yea.
Where do you work, Mr. Brock?
Excel Logistics in Mechanicsburg.
You just started there recently, I
A
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Yes, ma'am.
How much do you make an hour?
Nine dollars and fifty cents.
What do you do there?
Drive a forklift.
You worked there previously, also?
Yes.
Do you r~call when you worked there
17 previously?
18 A July of '96 through August of '97.
19 0 After you worked there the first time, where
20 did you go to work?
21 A I went to work for PPG in Mt. Holly.
22 0 What did you do for them?
23 A My title was a glass processor. I packaged
24 glass, cut glass different sizes and shapes.
25 0 For what period of time did you work at PPG?
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A August of '97 to about May of '98.
Q How much were you making there, do you
recall ?
A It was around close to $11.00 an hour.
o Can I assume the reason you left Excel was
to make more money at PPG?
A Yes, ma'am.
Q But then you eventually left PPG. Why did
you leave PPG?
A I left because it was a swing shift. I was
working seven days of daylight, have a day off; seven days of
second shift, which was four to midnight, two days off; and
then it was seven days of midnight to eight in the morning,
and then I'd have five days off. While I was working that
schedule, I was also picking the kids up, taking them to
school, getting them after school, their after-school
activities that I was trying to keep up with. The work
schedule -- the amount of money that I was making wasn't, you
know -- didn't justify the means for me to miss out on doing
other things with the kids that I wanted to do.
0 It was during that period that that order of
August of '97, where Sophia had them for a week and then you
had them for a week, was in effect?
A Yeah. Well, actually the agreement was they
would be with her for sixteen days out of the month and I
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1 would have them for fifteen days.
2 0 Was that so she could get HUD housing?
3 A Yeah, that was so she could maintain her HUD
4 housing.
5 0 In reality, did she always have the children
6 sixteen days out of the month?
7 A No.
8 0 Actually, what happened?
9 A Actually, what happened was I would have
10 them my two weeks solid, my fifteen days. They would be with
11 me or wi th my mother, depending on what I, was wor.king. I was
12 working eight to four, which was seven days, and my five days
13 off, which was thirteen days, and then I had two other days
14 during the month that I would be off of work that I would
15 also have the kids.
16 But during the time when they were supposed
17 to be with her, I would get off work at 8:00 in the morning
18 in Mt. Holly and come straight -- pick them up from her
19 house, take Shaquay to school, because she was in first grade
20 all day long. Yonna was in p.m. kindergarte~, so she would
21 stay with me, and I would take her to school. This is while
22 I was working the midnight shift. I was working midnight. I
23 would be available to get them after school. They would walk
24 to my mom's. And either they would stay there for a few
25 hours until she came and got them or they would come with me.
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Then she would have them, you know, at nighttime some of the
times.
o Okay. You indicated that Yonna had
afternoon kindergarten. That's contrary to what Ms. Battle
said this morning, is that correct?
A That's correc~.
o You are sure she went to school in the
afternoon?
A All walkers go to school in the afternoon.
Morning kindergarten is for students who ride the bus.
o Then the two girls would walk home from
school to your mother's together?
A Yes.
o When did you leave PPG?
A The spring of last year.
o Where did you go to work then?
A I went to work at Kitchenworks, a catering
company in Harrisburg.
o How long did you work for them?
A I worked for them all the way up until this
spring, the end of winter, springtime.
o Were you also thinking of starting your own
business during that time?
A Yeah. Well, that is the other reason why I
wanted to leave PPG to go work for Kitchenworks, because the
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schedule was a lot more flexible. I've been cutting hair for
about fifteen years. The reason I wanted to work for
Kitchenworks, the money would have been -- $10.00 an hour I
was making, and I could also work around the schedule that I
had planned on going to barber school in Camp Hill for.
o While YOIl were at PPG, and I guess since the
children were born, who's carried medical insurance on them?
A I have.
o Presently, do you still carry insurance on
them?
A Yes, ma'am.
Q Who is that through?
A U.S. Health Care. But since I'm back at
Excel, it's going to be changing. But they're insured at
this time.
o Did you continue with the health coverage
that you had at PPG for the children?
A Yes, ma'am.
o You just opted to buy into that?
A Buy into it, yes.
o Ms. Battle this morning also testified that
she never really missed any blocks of time when you had that
sixteen days and fifteen days. Is that accurate?
A I don't think so. No, it's not.
o What is your recollection of her missing
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1 blocks of time?
2 A Well, there was times -- there was one
3 specific time that I rem~mber, because the schedule was -- it
4 was kind of different. There's times when she didn't
5 remember when it was time for her sixteen days to start for
6 them to be spending the night with her for that amount of
7 time. There was an incident when they were at my house
8 probably a good eight, nine days longer than what they were
9 scheduled to be there. And I felt, because she only lived a
10 few blocks away, you know, I didn't she was in town. She
11 was in Carlisle. I don't know why she didn't have them. But
12 then eventually, when I did tell her that she was supposed to
13 have them, she said she lost track of time and didn't
14 realize. I guess that's when she started her calendar thing.
15 But there was more than one incident where they were left
16 with me longer than the amount of time they were supposed to
17 be.
18 0 In that order of August of '97, it also
19 provided for you to split holidays?
20 A Yes, ma'am.
21 0 Were there any holidays that she failed to
22 pick the girls up?
23 A Yeah. There was --
24 MS. CAREY: Objection, Your Honor. This is
25 beyond the scope of -- it's beyond 1998.
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1 MS. VERNEY: Your Honor, again, Ms. Battle
2 testified that she never missed getting these children, and
3 there's testimony contrary to that. I'm rebutting her
4 testimony.
5 THE COURT: For impeachment purposes, it
6 will be permitted, as some of this other evidence has been
7 permitted.
8 BY MS. VERNEY:
9 0 Mr. Brock, so was there a holiday that she
10 didn't pick the girls up at all?
11 A Yeah. I can specifically remember Easter of
12 '98, this last spring. We were supposed to have -- the order
13 said if they wer.e under my care at 4:00, or whatever time we
14 made our arrangements, that they would go with her; or if
15 they were with her, they would come with me. But it just so
16 h~ppened on Easter they were with me. They were dressed up
17 in their,dresses for Sunday school, church, and they were
18 waiting for their mother to call them. They were waiting to
19 see -- you know, they're kids. They were waiting to see if
20 the Easter bunny had left them anything over at their mom's
21 house. And we called and called, and she wasn't home, wasn't
22 available. Finally, we got in touch with her Monday, the day
23 after Easter. You know, we didn't know -- she didn't call us
24 and let us know what had happened or anything.
25 0 Were the girls disappointed at that?
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11 A Well, this was two days after Christmas
12 break. The children, my kids, they were -- they were
13 expecting their mother to be picking them up on the 23rd,
14 which was a Wednesday. Christmas was on Friday. They were
15 expecting her to be showing up and picking them up to take
16 them to Florida on that Wednesday, because I guess she had
17 made plans or arrangements or was telling them that they were
18 going to be going to Universal Studios and all the stuff that
19 they were supp~sed to be getting when they arrived in
20 Florida.
21 Your Honor, I didn't know what to tell the
22 kids. She didn't show up. I called her house, got no
23 answer. I called her dad up. He said they left Florida on
24 Monday, and this is Wednesday, Wednesday evening, when I
25 called. He said he didn't know where they were at, because
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THE COURT: And robbery, also?
MS. CAREY: Yes. He pled guilty to
robbery, criminal attempt and conspiracy to robbery. The
other charges were --
MS. VERNEY:
Well, Your Honor, they're on
the exhibit. We admitted the exhibit, and it would speak for
itself.
BY MS. VERNEY:
o
Can you tell us the circumstances of the
robbery?
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he figured they should have been in Carlisle long before
Wednesday.
MS. CAREY: Objection, hearsay. I just
realized he was not talking about her. He was talking about
somebody else.
THE COURT:
Sustained.
BY MS. VE~NEY:
Q
Continue. Ms. Rattle didn't show up on the
23rd?
A She didn't show up on the 23rd. She didn't
call. She didn't let the kids know that she wasn't going to
be there at the time that she said. She didn't call and say
when she was gcing to be showing up. She didn't call and let
them know that she was all right, that she wasn't in an
accident or anything. I mean, all kinds of things I mean,
the kids are smart. They were asking me all kinds of
questions, well, is my mommy ~ll right, and all this other
stuff.
Basically, it just was a frustrating time,
you know. The kids were extremely disappointed. I was upset
because, you know, it's supposed to be a cheerful time of
year. Things just came to a boil, where I just kind of like
-- I didn't know what to do. Obviously, I didn't do the
24 right thing.
25
I walked out my door about 8:00 in the
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1 morning on Sunday morning, the 27th. I really didn't have
2 any specific intentions or direction that I was going. I
3 just knew that I had to get away, because, you know -- it
4 wasn't a nice time. It wasn't something that I really wanted
5 to deal with at the time. I ran into some people who
6 were not the right people to be hanging around with. I got
7 in the car, and we drove to Harrisburg. A lady's purse was
8 taken iI'om her. And there was an ATM card in it, and
9 somebody tried to use her card in the machine, the MAC
10 machine. Nothing happened. Got back to Carlisle about 9:30.
11 By 10:00, I was in Cumberland County Prison.
12 Q Now, is it your understanding you were
13 sentenced to time served, the sixty-two days that's on the
14 exhibit, and twenty-three months probation or parole?
15 A You know, I couldn't tell you which one it
16 was. I've never been in trouble, so I really don't know
17 whether I was sentenced to parole or probation. But, yeah
18 I'm on -- either I'm on probation or parole. I don't have a
19 probation or parole officer yet, because the incident
20 happened in Dauphin County, and I'm still waiting for
21 Cumberland County -- the Cumberland County authorities to --
22 Q To take over supervision?
23 A To take over supervision, yes.
24 Q During the time that you were in j ail from
25 April 5th to May 26th, who did the children stay with?
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A They stayed with my girlfriend, Jennifer, or
my mother, Charlotte.
Q Was their routine disrupted at all during
that time?
A Besides me not being there, which was a big
gap, no. Their school was still -- schooling was still being
taken care of. They got back and forth to school. All of
their extracurricular activities were still being attended
to. So, I guess the answer would be, no, they weren't.
BY THE COURT:
Q May I ask a question. I'm a little
confused. You were in jail in Dauphin County, I take it,
from December 27th to January 6th?
A Yes, sir.
Q Then you were released on bail?
A Yes.
Q Then how did you end up in jail from April
5th to May 26th?
A That was my sentence. I was late for my
hearing, for my arraignment - - or my hearing. And I guess
due to the nature of the crime that was -- when I did show
up, I was late, so they detained me.
Q So, there was a bench warrant issued on or
about April 5th and was executed on that date?
A Yes.
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know -- I would go up to the school, and I would talk to her
teacher. Her first first-grade teacher's name was Mrs.
Verness (phonetic), and I would -- I mean, I would go in for
the parent-teacher conferences, and she would tell me Shaquay
was
MS. CAREY:
THE COURT:
Objection, hearsay.
Sustained.
BY MS. VERNEY:
Q What was your impression of what Shaquay was
lacking in?
A My impression was she was lacking in her
math skills, and her reading was a little bit slow. She
wasn't picking up things as fast as the teacher felt
necessary for her to move on to second grade.
Q Were you aware of that throughout the school
year?
A Yes, I was.
Q It didn't come as a surprise to you at the
end of the school year that she was not promoted?
A No, because I had had conversations with the
teacher about her schoolwork, schooling.
Q Last year when Shaqua.y did not pass to
second grade, did you find tutoring for her?
A Yes, ma'am.
Q What tutoring did you find?
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A Right after -- at the end of the school
year, when we came to the realization that she's not going to
pass, Sylvan Learning Center in Mechanicsburg, right across
the street from Capital City Mall, was recommended by the
school. My mother -- we made arrangements for her to go to
tutoring at the Sylvan Learning Center.
Q How long did she attend the Sylvan Learning
Center?
A Over the entire summer.
Q Do you know how frequently she went there?
A Twice a week.
Q When school started, then, at the beginning'
of this school year, did you arrange for other tutoring?
A Yes, ma'am.
Q Who did you hire for that?
A I hired Mrs. Donna Jones.
Q Where does she live?
A She lives -- I'm not sure of her home
address, but I know her school is on North West Street. It's
called t,he Montessori - - I can't say it . - the Montessori
School.
Q How frequently did Shaquay go there?
A She went twice a week.
Q At that time, also, say i.n September of
1998, did you also enroll Yonna for tutoring?
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tutored, also?
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Yes.
Did Yonna pass kindergarten?
Yes, Yonna passed kindergarten.
What was your reasoning for having her to be
Well, I just felt that Yonna would benefit
7 just, you know, not directly from the tutoring because she's
8 behind, but for gaining more knowledge of her school
9 curriculum, you know. It would help her advance further, you
10 know, and to be more knowledgeable than what the school was
11 already providing her.
12 THE COURT: I'm going to have to recess at
13 this point to go to the Naturalization Court proceeding. We
14 will reconvene as soon as that is concluded.
15 (A brief recess was taken.)
16 THE COURT: We will let the record indicate
17 that the Court has reconvened in open session. Mr. Brock,
18 you are still under oath, Mr. Verney?
19 BY MS. VERNEY:
20 Q Mr. Brock, you were talking about, the girls'
21 tutoring. Do you recall telling Ms. Battle about Shaquay
22 being tutored at the learning center last summer?
23 A I believe she was informed.
24 Q Did she ever drive Shaquay there?
25 A No.
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BY MS. VERNEY:
Q We:e there times when Ms. Battle took them
to Ms. Jones for tutoring but failed to pick them up?
A Yes. There was one time that I remember
specifically when she hadn't arrived back in time, so Mrs.
Jones called me.
MS. CAREY:
Objection.
BY MS. VERNEY:
Q You can't say what Mrs. Jones told you, but
what happened as a consequence of Ms. Battle not picking the
children up?
A The consequence was that I had to go over
and sit there, and either I would take them back until the
mother was available to get them or -- the one incident was
they were supposed to be out of there by 7:00, and I think it
was like 8:45 when the mother showed up.
Q You sat there with them until that time?
A Yes.
Q Can you tell us what activities you
participate with the girls in at their school?
A I participated in the walking program,
lunchtime walking program.
Q When was that?
A That was for the school year of '97/'98.
Q What did that involve?
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A That involved --
MS. CAREY: Objection, Your Honor. That's
past December of 1998.
MS. VERNEY: Your Honor, we've had the
exception in order prior to December 18th of 1998 for
educational activities.
THE COURT: The exception is just that
things that occurred before that date, to the extent that
they shed light on things occurring afterward, are
admissible. Is there some reason that that would shed light
on that?
MS. VERNEY: It shows continuity of
father's interest in the children.
THE COURT:
You may ask it for that
purpose.
MS. VERNEY:
Thank you, Your Honor.
18 Q Mr. Brock, what was this lunchtime walking
19 program for the school year '97/'98?
20 A Parents who were participating would come
21 during the school lunchtime period. Bellaire is located up
22 at the high school, where there's the fields, you know,
23 plenty of walking space. Some of the parents would walk
24 around the field with them, and some would stand at different
25 areas in the field for like -- you know, instead of having
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1 Easter parties, Christmas parties, whatever things needed to
2 be helped out wi th around the room, chaperoning field trips.
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year?
A
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for the girls?
A
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Did you attend parent-teacher conferences
7
Yes, ma'am.
8
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12 when you were in jail?
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A
Yes.
14
Q
What other activities do the girls
15 pat'ticipate in now for this last school year since December
16 of '9S?
17
A
Since December, they have been involved with
lS
track. They just recently -- they were going to be signed up
j.
19
for the summer track, but due to them not, you know _. they
20
are not going to be here, so they didn't sign up for that.
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21 They were involved with track, Girl Scouts. There is
I ~
22 every Saturday morning there is a church ministry bus that
23 comes and picks them up. They are involved in like a
24
Saturday morning church activity and also Sunday school every
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Q Were they on a swim team?
A Yeah. The swim team was last summer. They
were on the industrial pool swim team, Shaquay.
Q Does Shaquay also attend gymnastics?
A She bounces around from what activity she
wants to be involved in, but, yes, she was involved with
gymnastics.
Q Was Yonna involved in any activities?
A Yonna was involved with track and Girl
Scouts.
Q Are the girls different?
A Yeah. Shaquay is more open. She's more
daring than Yonna. Yonna is kind of shy. She's not as, I
guess, athletic and as open and Shaquay is with things.
Q Now, the other thing, you also attended a
talent show recently at school?
A
Yes, ma'am.
Q When was that?
A That was last Tuesday morning.
Q Did you sit with the other parents in the
school?
A Well, I had intended on sitting with the
parents, but Shaquay and Yonna seen me, and they kind of
pulled me down in the middle of the crowd to sit with them.
Q so, you were the only parent there with the
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A
Yeah, I was sitting in the middle of the
floor.
Q We had some testimony earlier today about
the Head Start Program. Who initiated the girls in the Head
Start Program?
A If I recall, I believe it was me.
Q Since December 18th of 1998, have the girls
had any bruises on them that you have seen?
A Since December of '98, no, they haven't.
Q Has anyone reported you to children and
Youth for having bruises on the children?
A Never.
Q
What is your method of discipline, Mr.
Brock?
16 A For discipline, because they like to do all
17 of these extra activities -- they like movies, going to the
18 movies, they like to ride their u you know, they love to go
19 on bike rides. My method of discipline would be to take away
20 some of the things that they would enjoy doing,
21 Q Have you had to do any of those things?
22 A On a few occasions, I may have not allowed
23 them to ride their bikes for a week or so.
24 Q You indicated they were also in Girl Scouts.
25 Were both girls in Gir.l Scouts?
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Yes, ma'am.
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A Yes, sh~ knew.
Q Was there actually a time in March when Ms.
Battle took them to Girl Scouts?
A Yes. When we had the last conciliator's
hearing in MechaI1icsburg in Ms, Sunday's office, the court
order states that while she's here they are -- if the kids
are with her, she's not supposed to change their schedule, so
she had to take them to Girl Scouts the one Thursday evening
while she was here in Carlisle,
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Do you attend church?
Yes, ma'am.
15 0 What church do you attend?
16 A Shiloh Bapti.st Church on the corner of
17 I,incoln and North West Street.
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How long have you belonged to that church?
Our family's been lifetime members of the
20 church.
21 0 Did the girls go to Sunday school there?
22 A Yes, ma'am.
23 Q You also said they have an activity on
24 Saturdays with that church?
25 A Well, this is with -- one of my cousins,
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he's a neighbor of mine, he belongs to another church, but
it's like a -- it's not vacation BitJe school, but it's
something similar, you know, where it's a nondenominational
thing that they do for the kids in the neighborhood.
I
Q That's or. Saturdays?
A Yes.
Q Do the girls attend Sunday school?
A Every week, yes, ma'am.
Q What time is Sunday school?
A From 9:30 till about quarter of 11 or
whenever church services start.
Q Were the girls' pictures in the paper last
week?
A Yeah, last Tuesday they were in the paper.
Q What was that for?
A They are involved in a fund raiser where
whichever kid in Sunday school raised the most money would be
crowned the king and queen of Sunday school, They didn't win
the contest, but they were second and third,
Q They got
A They got their picture in the paper,
Q Did Ms. Battle ever take them to Sunday
school when she was here?
A Not that I can recall.
Q I think we heard testimony this morning, did
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she drop the girls at your house on Saturday night so that
she didn't have to get up early to get them there?
A Most times it would be like that, but there
was a few occasions where we would go - - or I wOlJld or my
mother would go over there and pick them up 0n Sunday
morning. But most of the time they were al ready at the house
Saturday night because the --
o That was during the time when they should
have been with their mother?
A Yeah, some of the times was when they were
supposed to be with her.
'0 There are phone calls made back and forth
between the girls and their mother, is that correct?
A Yeah.
o Since December 18th?
A Yes.
o Every time you cail Florida, has Mr. Weaver
been at that apartment?
A He's answered the phone plenty of times. I
can't count, But I know it's a lot of times that he answered
the phone.
Q Did he answer it a majority of the time?
A I couldn't say a majority of the time, but I
know it's -- it was more than a few times,
Q What members of your family live here in
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October of '98, right before she left, she wanted her two
weeks that she had them, she went and picked them up from
school. A lot of times -- a few of those days -- there is a
niece that also goes ~Q school with them, to p.m.
kindergarten, so they all three would walk home or wait
for -- they would walk. My mom would stand olltside to wait
for them to come up the street. The only time those two
weeks when she had to go lip to -- when she was going to pick
them up at school, she would wait with Shaquay and Yonna
until their mother showed up. School ended at 3:20, and
there were times
MS. CAREY:
Objection. He wasn't there.
This is hearsay.
MS, VERNEY:
I'll withdraw the question.
BY MS. VERNEY:
Q Mr. Brock, let's talk about parenting
skills. What do you think the strengths of your parenting
skills are?
A I believe my stnmgths would be I'm a good
listener, a good provider, real attentive to their needs,
their schooling. I'm up on, you know, their homework. We do
homework every day. We have these other activities, things
that I bought frcm like Office Max, these word games we play.
There's the math games that we play. We go to amusement
parks. They just was at Hersheypark about three weeks ago,
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two and a half, three weeks ago. We go on bike rides a lot.
We go to the movies. Basically, I'm with my kids as much as
possible. I mean, there was a time when -- some people used
to call me Mr. Mom, because they .....ould think that, you know,
I'm as much as a mother to them as their mother was or more.
MS. CAREY:
THE COURT:
Objection, hearsay.
Sustained.
BY MS. VERNEY:
o Do you have concerns about the girls going
with Ms. Battle?
A Yes, I do,
Q What are those concerns?
A Well, due to the -- some of her disciplining
tactics, physically disciplining them, I don't agree with it,
you know. Because of the bruises that I have seen and
because of
MS. CAREY: Objection, There's no basis __
MS. VERNEY: Well, there i.s right now, Your
Honor. He has said he has seen bruises, and that's a
concern.
THE COURT:
since the December order?
MS. VERNEY:
There have been no bruises seen
Since Ms. Battle left, yes,
that's correct.
THE COURT:
As I say, if counsel want me to
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go into all of the past history, I'll be glad to do it, but
it will take another day of hearing.
MS. VERNEY: Your Honor, I think it goes to
the fact that this mother, who has a prior history of being
accused of discipl illing these children improperly and leaving
the children unattended, that the children now have a
possibility of going with this mother to Florida. I think
that is relevant.
THE COURT:
Ms. Carey, do you want me to
open up the past history? I would let you present more
evidence, anything you want to present from the past. It's
up to you and Ms. Verney.
MS. CAREY: She's saying, Your Honor, that
she could provide evidence of many things that happened in
the past.
THE COURT: Okay. If you're saying you
want the entire past opened up, and apparently Ms. Verney is
saying the same thing, I'll be glad to do that,
MS. VERNEY: I would like that, Your Honor.
There is a question of whether or not we're going to continue
this hearing and what the summer custody arrangements would
be,
THE COURT: We'll continue it until 4:30
today and then resume it another time,
MS. CAREY: And the mother would have
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custody, according to the order, for the summer.
THE COURTt The existing order would be in
effect until it was finally resolved. Is that satisfactory
to both counsel?
MS. VERNEY: Yes, Your Honor.
MS. CAREY: Yes, Your Honor.
THE COURT: Okay. Then you can ask any
questions about anything in the past that you feel is
relevant to custody.
BY MS. VERNEY:
Q Mr. Brock, are you aware of at least three
instances where the children were referred to Cumberland
County Children and Youth Services because of bruises?
A Yea, ma'am,
Q
A
Can you r~call when the first was?
The first was when Shaquay was in the Head
Start Program.
Q Are you aware of who made that referral to
Children and Youth?
A Yeah. It was made by the school.
MS, CAREY: Objection. That's hearsay.
BY MS. VERNEY:
Q Did you receive notice from Children and
Youth that the referral was made?
A Yes, ma'am.
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19 MS. CAREY, Objection, hearsay.
20 MS. VERNEY: He's not testifying yet to
21 what they said, He is saying they contacted him.
22 THE COURT: The objection is overruled.
23 BY MS. VERNEY:
24 Q So, Mr, Shank and the school nurse contacted
25 them?
THE COURT:
The objection is sustained.
BY MS. VERNEY,
o Since that time, when it occurred at the
Head Start Program, have two other instances occurred?
A Yes.
o When were they?
A Another time was while Shaquay was at Head
Start. That was the second one. The third one was when she
was in first grade,
Q Which time?
A The third time was when she was in first
grade the first time, which would have been the last school
year,
Q How did you become aware of those bruises?
Did you see them and report them to the school, 0= did the
school contact you?
A The school contacted me, the school nurse
and Mr, Shank, the principal,
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A Yes, ma'am.
o What did you do after you received that
notification?
A I immediately went to the school, and the
bruises were pointed out to me. I took Shaquay to the
doctor's.
o What happened then?
A At the doctor's office, she was afraid. She
didn't know what was going on. Basically, she kind of
clammed up because she was scared.
Q Was that ultimately referred to Children and
Youth, those bruises?
Yes.
To your knowledge, they've always been
A
Q
unfounded?
A
Q
the girls were
house?
A
0
them?
A
Yes.
Was there an incident in June of 1998 when
left alone with their little brother at the
Yes.
While Ms. Battle was supposed to be watching
Yes.
MS. CAREY:
I would ask for a foundation.
I object.
There isn't any foundation for that.
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1 MS. VERNEY: Well, there is a police
2 report. will you stipulate to that? I've already released
3 that custodian of record this morning.
4 MS. CAREY: No, I can't stipulate to that.
5 MS. VERNEY: Then, Your Honor, I'd ask to
6 r~serve the right to question him about that in the continued
7 hearing when we have the proper witnesses here.
S THE COURT: The police officer will be able
9 to testify that he was there and he saw that the mother was
10 not present, or else it's just hearsay again.
11 MS. VERNEY: Your Honor, the police officer
12 who went to the home is now retired. Th~ police officer
13 brought, as the custodian of the record, a police log of the
14 incident. I will be offering that police log as a business
15 record into evidence.
16 THE COURT: That's an interesting
17 evidentiary issue. I'm not prepared to rule on it.
18 MS. VERNEY: May I reserve the right to
19 review that matter at a later hearing?
20 THE COURT: Certainly.
21 BY MS. VERNEY:
22 Q We were previously talking about your
23 parenting skills in relation to Ms. Battle's parenting
24 skills, and you had indicated that you had certain concerns,
25 one of which were the bruises?
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A Yes.
o Is another one of those concerns the fact
that she left the children alone?
A Yes.
o Is another one of those concerns her input
into their education?
A I guess it would be her lack of input into
their education.
Q When you sought to have the girls tutored,
what was her reaction?
A Her reaction was she didn't feel they needed
to be there.
15
Q Did you disagree, or you just put your foot
down and said they are going?
A Basically, I disagreed, and they
continued -- eventually, she followed suit and allowed them
to keep going.
Q What kind of custody order are you
interested in having?
A The way the agreement is now -- I mean, I'm
willing to allow things to be the way they are; or I could
take them on full time, if that's what it would take to make
sure that they would be provided for properly. But I'm
wi 11 ing to allow things to be the way they are.
Q With you having primary physical custody and
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1 Ms. Battle having them in the summer and at Christmas?
2 A Yes.
3 0 Did Ms. Bat t le ever complain that your home
4 was inappropriate for the girls?
5 A No.
6 Q Did she ever complain that your mother was
7 inappropriate with the girls?
8 A No.
9 Q When she came here ill March for the
10 conciliation, did she tell you where she was staying?
11 . A She told me that the kids were going to be
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with her at her grandfather's house.
Q Did you learn that that was not true?
A Yes, I did.
0 Where did she stay?
A She stayed at a friend's house.
Q Do you have concerns about that friend?
A Yes,
MS, VERNEY:
That's all I have at this
point, Your Honor.
THE COURT: Ms. Carey?
CROSS-EXAMINATION
BY MS, CAREY:
o Mr. Brock, did you live with your
grandmother at one point?
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1 A Mother, my mother.
2 0 Your mother?
3 A Yes.
4 0 You also lived with your grandmother?
5 A That's more than ten years ago, probably.
6 But, no, not since I have had the children have I lived with
7 my grandmother.
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11 were born?
o
When you had the children, you lived with
your mother?
A
Are you going all the way back to when they
12 0 Let's say the last five years you have lived
13 with your mother?
14 A The last five years, I lived with my mother
15 for a few months. I have lived where I have been living at
16 for three years. I lived with her for a few months before I
17 moved into the place I live in now.
lS Q You spend a lot of time with your mother?
19 A Yeah.
20 0 The girls do, also?
21 A Yes.
22 Q In 1997 -- excuse me, not '97. Before 1997,
23 you testified that the girls were going to live in Florida
24 for four months and then here for four months. Isn't it true
25 that the court order was that Sophia could relocate with the
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children in her primary custody to Florida?
A The very -- the original order was prior to
their school. It says four months with her and four months
with me, until they would be enrolled in school, and then the
primary physical custody would have been with Sophia.
Q After that, in 1995, isn't it correct that
there was a proceeding against you for nonpayment of support
for the girls?
MS. VERNEY: Objection, Your Honor.
Irrelevant to the custody matter.
THE COURT: It's been agreed that the
entire history of the case would be admissible,
MS, VERNEY: Support isn't part of the
custody matter, Support is separate from the custody matter.
THE COURT: Well, lt's relevant whether
somebody is paying support.
BY MS. CAREY:
o In 1995, there was a support matter. You
were before the Domestic Relations Court for nonpayment of
support before the Cumberland County Court?
A It was -- the officer was James -- the
Domestic Relations officer hearing was before Mr. Vaughn
James.
Q You owed several thousand dollars in back
support, correct?
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A Right now? Are you asking me if I owe that
right now?
o In 1995, you owed several thousand dollars?
A That's not correct.
o There was a period of time that you did owe
back support, though, correct, a couple of thousand dollars?
A I think it was $2,200,00.
o You talked about putting the children in
tutoring. ~ou put them in tutoring first, before you talked
to Sophia, isn't that correct?
A I called -- we had made -- yeah, I had made
arrangements for them to be put in school before I notified
her about it, yes.
o The Sylvan Learning Center, you put them in
there before notifying her, too, isn't ~hat right?
A Yes.
o You talked about always having provided
medical insurance. Isn't it true that Sophia had medical
a~sistance for them for a period of time?
A Well, the way my insurance providers
would -- what they would tell me was that most -- their
benefits, med~cal, dental, vision, whatever needed to be paid
for, would be paid for first by my coverage; and if she had
access to the government access card, whatever I don't
know what it is -- that would pay for the rest of it, So, I
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had no input or -- it wasn't within my, you know, say as to
whether she could continue keeping their benefits.
Q So, that was pursuant to a support order?
A No, that was -- excuse me?
Q That was pursuant to a support order; you
were ordereJ to get insurance on them?
A I believe I had insurance before any of that
even took place.
Q Your answer to my question, then, was that
she did also have medical assistance for them?
A I wouldn't know. I believe she did, but I
didn't know, because I always had my medical cards when I
went with them to the doctor's.
Q Your work history, you said that you worked,
I think it was, about three or four different jobs. Can you
tell me the most recent job, how long have you had that job?
Where I work at right now?
Yes.
I work at Excel Logistics.
How long have you had that?
I started working there just recently
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When did I start?
Yes.
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1 sister?
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No.
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Was your girlfriend's sister part of this
4 robbery?
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No.
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Isn't it correct that your girlfriend's
7 sister was also charged in this?
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No.
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Who was the person that you got in the car
10 with?
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It was a person named -- I can't think of
12 her name, but it was not my girlfriend's sister. They just
13 happened to have the same last name, but they're not sisters.
14 They're not even related or anything.
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So, her last name is also Jumper?
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Jumper, Tonya Jumper.
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Your girlfriend's name is Jumper?
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Yes.
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They're not related?
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Not at all.
21
o
Now, you said that you didn't know that you
22 have a pa~ole officer. Are you aware that Donita Adams is
23 your parole officer?
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I talked to the supervisor of Dauphin County
25 probation at the probation facility in Harrisburg, and he
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ask her a question.
0 And ask her?
A Her or whoever answered the phone.
0 She was in charge of your case?
A Not specifically. She was in charge of
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7 person they have to come in contact with.
8 Q You do have to report in on a regular basis,
9 is that correct?
10 A Yeah. There's a phone number, a voice mail
11 phone number, that I have to call Dauphin County once a
12 month.
13 Q The person that you were with in this was
14 also charged, isn't that correct?
15 A I believe so, yes.
16 0 Now, you were saying that you were
17 distressed. Is it possible that Sophia actually did call the
18 23rd of December, the 24th, somewhere, because of weather,
19 and maybe talked to your mother about this?
20 A No. She did not call. I was home.
21 0 You didn't call Sophia?
22 A I called her phone number that I had and got
23 no answer, and I called her father. And he finally -- you
24 know, I talked to him, and he said that they should have been
25 in Carlisle,
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1 Q So, the children weren't with you during
2 that period of time?
3 A No. They were with me. December 23rd was
4 the Wednesday they got out of school. They were expecting
5 their mother to be there sometime that evening to pick them
6 up.
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So, then they went to the grandmother's the
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A No. They were with me the 23rd and the
24th.
Q Then they went to their grandmother.'s the
25th, 26th, 27th?
A Because we were waiting for their mother to
call or to show up, either I would be there with the kids by
the phone or Jen would be home by the phone, There was
always somebody there waiting to see if they were going to
call or if they were going to show up. At no time was the
phone left unattended. ~here was also an answering machine
there with a recorded message.
Q So, the children were with your mother?
That's my question.
A No, they were with me.
Q so, when you went out, the children were
there by themselves when you were in the car the 27th?
A If you're talking the 27th, no, The 27th
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was a Sunday morning. They were with Jennifer, my
girlfriend. They were home with me and Jennifer Sunday
morning, the 27th.
o So, you just left?
A I walked out the door, yeah. I needed some
air, so I walked O\lt the door.
Q Now, as part of your parole, did you spend
some time in rehab?
A No.
o Isn't it true that you were told to spend
some time in rehab?
A No.
Q Have you ever been in rehab?
A Have I ever been in rehab? I was in a
rehab, and that was about four years ago.
o That was for drugs?
A Yes,
o Now, you talked about going back to prison
April 5th through May 26th. You didn't tell Sophia you were
back in prison, did you?
A You can't make long-distance phone calls
well, we can make them, but there has to be someone there to
accept the phone call. No, she didn't -- I didn't tell her
that I was back in prison.
o To the best of your knowledge, your mom
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1 didn't tell her either, right?
2 A I don't know if my mother told her or not.
3 I don't know.
4 0 You talked about violence, that you don't
5 like it if your children are treated with violence. Isn't it
6 correct that when you discipline your children you would grab
7 them by their arms?
8 A No.
9 Q You and Sophia didn't have arguments about
10 the way you would grab them around their arms when you would
11 discipline them?
12 A Never.
13 0 You testified about bruises. You never saw
14 how those bruises got there, that the children did, in fact,
15 have bruises, did you?
16 A No. I wasn't there when they took place,
17 no.
18 0 You talked about the tutor having a school,
19 some kind of a school, a Montessori school. Isn't it true
20 that that school is closed?
21 A I'm not aware of how the schools operate
22 right now, but the kids -- Shaquay and Yonna haven't attended
23 for a few months now, I guess their education level had
24 picked up well enough where I didn't feel thac it was
25 necessary for them to continue,
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o So, they haven't been with Ms. Jones for a
while?
A Yes. !t's probably been a few months, yes.
o You didn't talk to Sophia about stopping the
tutoring, did you?
A No. I didn't think it was necessary,
though.
o Sophia has had regular contact with the
girls since she's been in Flo~ida, is that correct?
A Yes, a phone call made at least once a
week they talk to their mother, yes.
o You talked about Allen answering the phone
sometimes. Most of the times Sophia answers the phone,
doesn't she?
A She would answer or he would answer. I
didn't take a count as to who answered the most, but they
both would answer the phone at different times.
o According to the court order, you're
supposed to make some of the calls -- or one of the calls
each week.
A Yes.
o You haven't done that?
A They call every -- every Sunday night is one
of their times they're supposed to call, and, yes, they do
call.
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o So, you initiate that call?
A Yes.
o And some of those times you have missed,
however, correct?
A There's times when we've called at different
hours. The time is supposed to be around 8:00 in the
evening. And usually right after the phone call if we
don't get in touch with anybody by quarter after or 8:30,
theY're usually in bed, had their bath and been put to bed.
There's times when, if they didn't get in touch with their
mother, they would call the next day. But they call at least
once a week to Florida.
Q When you and Sophia were together, raising
the children together, you didn't take them to church on
Sundays, did you?
A They went to Sunday school every Sunday.
There was a period when I didn't go to church myself, but my
kids did go to Sunday school every Sunday.
MS. CAREY: I have nothing else.
THE COURT: Ms. Verney?
MS. VERNEY: I have no redirect, Your
Honor.
THE COURT:
Okay. You may step down.
Thank you.
MS. VERNEY:
Your Honor, I would call
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o Every Monday and Thursday?
A Um-hum.
o Are you in remission or are you active?
A I've been in remission for four and a half
years.
o We have heard a lot of discussion today
about Shaquay and Yonna, especially their school schedule,
Can you tell us what the girls' school schedule has been this
year, 1998 to 1999?
A Well, they get up and go to school every
morning. And I stand outside and wait for them to walk home,
because I can see them from the end of my walk.
o They don't sleep with you, though, do they?
A Not in my bed, no.
o Do they stay at your house and go to school
16 from your house?
17 A Sometimes, yes,
lS 0 But the majority of the time, do they stay
19 with Mr. Brock?
A Most of the time, yes.
o Has it been your pattern to have them come
to your house at the end of school?
A Yes.
o Was that an arrangement reached by both
Sophia and Jade?
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A I imagine so, because I've never had a
problem with it.
o Was there a time period when Sophia had the
children that they did not come to your house after school?
A Right.
o Do you know when that was?
A When she would come here to Carlisle from
Florida, I would go and pick up my other granddaughter from
school, and I would wait until Sophie showed up to pick them
up.
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0 What time does school let out?
A Approximately 3:20 or thereabouts.
0 How late did you ever have to wait for
Sophia to pick the girls up?
A According to the clock in my car, it was
17 0 Did she always pick them up?
18 A Always, no. Oh, yeah, on the times when she
19 was here from Florida, she picked them up.
20 0 How about prior to that? Were there times
21 before she moved to Florida that she wanted to pick them up
22 after school? Did she always pick them Up?
23 A Most of the time I did or my mother or Jade
24 or Jen.
25
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You did it or your mother or Jade or Jen?
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A Sometimes Sophie did, but not very often.
Q Was there an instance in June of 1998 when
you became aware that the girls and their brother Charles
were home alone?
A Yes.
o How did you become aware of that?
A They called me.
MS. CAREY: Objection.
MS. VERNEY: I'm not asking what they said,
Your Honor. I'm only asking how she received notice.
THE COURT:
MS, VERNEY:
Notice of what, again?
That the children were home
alone.
THE COURT: You can't do it that way. I
mean, you have, in effect, said what they said by talking
about notice, You can withdraw those questions and ask what
she did as a result of a conversation.
BY MS, VERNEY:
o I'll withdraw that prior question. As a
result of the conversation, what did you do?
A I went down there to their house on Mulberry
Avenue.
o What did you see?
A Sophia was up on the corner talking to
somebody, and I asked her what she thought she was doing, and
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I drove down to the house.
Q Did she come down to the house after you?
A Yes.
o How much time elapsed from when you received
notice until you got to the house?
A Actually, I ran a few red lights,
o Okay. Again, how long was it?
A It would be five or six minutes.
Q When you got to the house -- did you get to '
the house before Sophia did?
A Sophia was standing on the corner.
Q Which corner?
A The corner -- she lives in the alley,
Mulberry Avenue. She was up the street, around the corner.
Q Did you get to the house before Sophia did?
A Yes.
Q What did you do when you got to the house?
A Opened the door.
o What did you find?
A Yonna and Shaquay standing at the top of the
steps, naked, crying,
Q Did you see Charles when you entered the
house?
A No, but I heard him crying.
Q Did you eventually see Charles and just
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determine where he was?
A No. I went up the steps, and I told them to
get towels.
o Did Sophia arrive shortly thereafter?
A Yes.
o What did you do after that, after Sophia
arrived?
A I asked her what she thought she was doing.
o What did she say?
A She said, I told them I was going out, up
around the corner.
o Did she say anything else?
A Other than you all know better. I said, we
never leave these kids in the bathtub in the bathroom by
themselves ever.
o Did you call the police after that?
A Yes, I did.
o Did you ask the police to file a report?
A I asked them to come to my house. I had a
complaint.
o Did you file a report?
A Yes. He filed a report.
Q What was the nature of that report?
A That the children were in the house in the
tub by themselves, Because I called Sophle and asked her
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where they are, and I think she said on the phone that they
were left by themselves. She told them that she was going up
around the corner. I have a speaker phone, and I turned it
on.
MS. CAREY:
THE COURT:
Objection.
I'm confused. I don't
understand what that testimony was.
BY MS. VERNEY:
Q While the police were at your house, you
called Sophia on the phone?
A Yes,
Q You put her on the speaker phone?
A Yes.
o While she was on the speaker phone for the
police to hear, what did she say?
A She said, I told them I was only going to be
a couple of minutes around the corner talking to whoever.
o
A
Q
Did she make any other statements?
No.
How old were the children when this
22 A They just had birthdays in February, so
23 Shaquay would have been seven and Yonna would have beon six.
24 Q How old was Charles at that time, do you
25 know?
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A I think -- Charles just turned two New
Year's eve, I think. Yeah. He's a New Year's eve baby.
Charles was seventeen or eighteen months old.
Q So, Charles was seventeen. or eighteen
months old. When you saw the children at the house, what was ,
their demeanor?
A They were highly upset.
Q Were they crying?
A Yes.
0 Were they scref.lming?
A They didn't know what to do.
0 You said you told them to get towels?
A Yes,
0 At that point, then, Sophia ran back into
the house?
A Yes,
o Did you stay at the house for any length of
time?
A No, I left.
o Do you have a close relationship with your
son.. Jade?
A I have a close relationship with all of my
children.
o Do you see Jade every day?
A Every day that I can. If I don't see him, I
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call him; how are you, what's up.
Q Have you had an opportunity to observe Jade
and his parenting skills and his relationship with his
daughters?
A Yes.
o Can you tell us what that relationship is
and what his parenting skills are?
A Impeccable,
o Could you be a little more specific?
A More specific, ,he's a wonderful father.
Q What kinds of things does he do with the
girls?
A Bike riding. If there is anything at the
movies, they go to Sat'.lrday morning matinee, only if it's
appropriate for them to see that movi.e. He helps them with
their schoolwork. He goes to school with them, He
participates in activities at school. What else? They are
well fed and well dressed. Now, there are times when they
have to be disciplined, They call me and say, he took the
bike away from us, or I have to go upstairs because I did
something. They have games that they play. They have their
little individual computers, V-Tech computers, learning, that
he bought them. They have things like ABC bingo and math
bingo to help with all their school skills, and he helps a
whole lot,
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Q Are you familiar with the relationship that
Ms. Battle has with the girls?
A Yes, I am.
Q How would you describe her relationship and
her parenting skills?
A Not very good,
Q Have you ever seen her discipline the
children in front of you?
A No. She wouldn't do that,
Q Was there an occasion when you were called
because she could not pick the girls up from tutoring?
MS. CAREY: Objection, leading the witness.
THE COURT: I'll overrule that.
BY MS. VERNEY:
o You can answer the question,
A Yes.
o Do you recall when that was?
A When they were with Donna, Donna Jones. She
was their tutor. She called. I said, well, okay, I'll come
over and pick them up,
o Did Ms. Battle ever call you and ask you to
pick them up?
A No.
Q So, it would be that Ms. Battle did not pick
them up at the end of tutoring, so you were called to pick
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1 them up?
2 A Right.
3 Q Do you recall how often that happened?
4 A A cQuple of times.
5 Q Now, back in August of 1997, there was an
6 order, when Jade was working at PPG, and Ms. Battle had the
7 children for sixteen days, and Jade had the children for
8 fifteen days. When it was Ms. Battle's time to have the
9 children, did the children ever stay at your house overnight?
10 A Yes.
11 Q How frequently did that occur?
12 A Ouite often,
13 Q Was that because Ms. Battle was working the
14 three-to-eleven shift?
15 A I have no clue what Sophie was doing.
16 Q Who made the arrangements for the children
17 to stay at your house at that time?
18 A I guess their daddy or her, She just
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assumed I would keep them.
0 Did that ever occur a week at a time, two
weeks at a time?
A Yes.
0 During those time periods, did Ms. Battle
see the children at all?
A
No, She didn't even call.
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o ~gain, do you recall how frequently that
occurred?
A Ouite often.
o For extended periods of time?
A Yes.
o And you were willing to keep the girls?
A They are my grandchildren, yes.
o Then when it became Jade's time to have the
children during the month, did the girls then go and stay
with Jade?
A Yes, they did.
o Did you ever become aware that the girls
were afraid of Ms. Battle?
A All the time.
o Can you explain those circumstances?
A I've never seen children scream and cry, I
don't want to go with her, I don't want to go with her.
MS. CAREY: Objection, hearsay.
THE COURT: Ms. Verney?
MS. VERNEY: Your Honor, the children are
listed as potential witnesses. I think we can take testimony
of what they've said and then corroborate it when they
testify.
THE COURT:
The objection is sustained.
BY MS. VERNEY:
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o Did you ever discuss the girls with their
teachers?
A I went to a parent-teacher conference, the
last one they had for the year. That may have been - - I
guess they had that maybe in April, near the end of April .
0 That is when Jade was in jail?
A Um-hum.
0 Are you aware if Ms. Battle contacted the
teaGhers at that time?
A Neither one said.
o The incident at Christmastime when Ms.
Battle was to pick the girls up for her Christmas custody
period, did you receive a phone call from Ms. Battle
eventually?
A
Q
A
o
A
No.
Where did she pick the girls up?
At my house.
And you never received a call from her?
No.
o Did you receive a call from Jade or Jen that
she was coming?
A No,
o What occurred when she came to your door,
and can you tell us when that was?
A I think it was -- it was close to New
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1 Year's. It may have been the 28th or 29th. She came, and
2 she just stood there. And I said, what do you want?
3 0 What time of day was it?
4 A It was p.vening. It was dark out. It was
5 raining, and it was foggy.
6 0 Were the girls at your house?
7 A Yes, they were.
8 0 Were they staying overnight at your house?
9 A Yes.
10 0 What did Ms. Battle say when she came to the
11 house?
12 'A Shrugged her shoulders.
13 0 When you asked her, what are you doing here,
14 and she shrugged her shoulders, did you say anything then?
15 A No. I said, girlie girls, get your coats,
16 talking to Shaquay and Yonna.
17 0 Did they get their coats?
18 A Yeah.
19 0 Had they packed for their visit with their
20 mother?
21 A They were packed when they were dispensed
22 from school for Christmas vacation. They were ready to go on
23 the 23rd, after they got out of school,
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Were their suitcases at your house?
No,
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o So, they were still back at Jade's house?
A Yes.
o So, when you said to the gir.ls, get ready to
go, they got their coats?
A Um~hum,
o And everyone left?
A Urn-hum, yes,
o Did you talk to Ms. Battle any time
thereafter?
A No. I don't have. anything to say to Sophie.
o She didn't call you to say she was returning
them or not returning them?
A No, she didn't. She just didn't return
them.
o Do you recall when Jade was released from
jail that first time?
A Yes, Jade was released from jail.
o Do you recall when that was?
A The beginning of January, the 5th or 6th,
thereabouts.
.
o Now, was there a time when you needed to
remind Ms. Battle to take the girls to the doctor's?
A Yes, for checkups. Shaquay lost a filling.
o That was to the dentist. Can you recall the
circumstances around those events?
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1 infection. The doctor was concerned about the fever, because
2 Shaquay had had a history of seizures when she waG born, from
3 birth.
4 Q Did you return Shaquay, then, to her mother
5 after the doctor's visit?
6 A Yes, I did.
7 Q Was there another occasion?
8 A For Yonna, last summer. She got stung by a
9 bee, and her leg started to swell.
10 Q Did Ms. Battle call you?
11 A No. Yonrla was at my mother's house with me.
12 They were outside playing. I called Sophie to take Yonna to
13 the doctor because she got stung by a bee, take her to the
14 dispensary.
15 Q What did she say?
16 A No, So, I took over. I said, you will take
17 her to the hospital.
18 Q Did you then accompany her?
19 A I drove her to the hospital, yes.
20 Q She did not want to go to the hospital?
21 A No ,
22 Q We discussed, a little bit, concerns about
23 leaving the girls with Ms, Battle. Do you have any concerns
24 with the girls going with her?
25 A Yea, I do.
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have been last year, because that's when the school reported
the incident, because --
MS. CAREY: Objection to the school
reporting the incident.
THE WITNESS: She had marks here
(indicating) .
BY MS. VERNEY:
Q You are indicating on your left arm?
A Both arms.
THE COURT:
The objection is sustained.
BY MS. VERNEY:
o Did you see bruises on Shaquay at that time?
A Yes.
o Where did you see bruises?
A Arms. One time she stayed over, her
buttocks, her legs.
o The back of her legs?
A Yes, because Mr. Shank brought her home from
school that day.
o The scratches, where were the -- did you see
scratches?
A Yes.
o Where .were the scratches?
A Here and here (indicating).
THE COURT: There's nothing on the record
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that shows what those references were to. Did you want to
have the witness describe what she just gestured about.
BY MS. VERNEY:
o You have to say. You can't just point.
A All right. Upper both arms, in the fleshy
part of her little arms, there were fingernail claw marks.
When you grab a person in that part and you have long nails,
and if you use force, you will and Sophie had fake nails
then -- you will leave scratches.
Q You had those concerns. Were there times
when you had the children that they appeared that they hadn't
eaten for some time?
A
o
A
Q
and by Sophia?
A
o
No.
No?
No.
They had always been properly fed by Jade
They always eat,
Were they always clean when they came from
Sophia's?
A Yes.
o So, again, your concerns would be the
allegations of bruises and scratches and leaving them alone?
A Yes. I don't want them to be statistics.
o Is there anything else you want to tell the
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Court about your relationship with the children or Jade's
with the children or Sophia's with the children?
A As far as I'm concerned, Jade and myself and
my family are excellent with the chi Idren. They aren't
mistreated. They're spoiled, and they're very well loved.
MS. CAREY: I'm sorry. I didn't hear that.
MS. VERNEY: Very well loved.
BY MS. VERNEY:
o Do you go to the same church that Jade goes
to?
A On occasion.
Q And thut the girls go to?
A Yp.s, they do. As a matter of fact, Sunday
they had children's day at church.
Q Was there an occasion in February that was
the girls' birthday party that you took them out to dinner?
A Yes,
Q
And was Sophia here at that time?
A I did not -- I don't know, because when we
got back from dinner, they said Sophie was there. I had no
indication that Sophie was even coming for their birthday.
Q Do you know if Sophie saw the girls on their
birthday?
A No, I don't. I came back from dinner, and I
dropped them off, and I went home.
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MS. VERNEY:
That's all I have, Your Honor.
THE COURT: Ms. Carey?
CROSS-EXAMINATION
BY MS. CAREY:
o You dropped them off at your son's or their
mother's?
A Sophie lives in Florida. How was I going to
drop them off in Florida?
o Okay. The scratches that you just said that
you saw on Shaquay's arms, you didn't see how those scratches
occurred, did you?
A She told me, and I believe her.
o My question was, you didn't see how those
scratches occurred?
A No, I didn't, but they don't lie to me.
o But you didn't see it. You said that the
children are well loved with your family and that they are
taken care of wlth your family?
A Of course.
o You don't have any concerns about the
environment that they might be exposed to with your family?
A No.
o Isn't it correct that your son, Jared, had
an unlawful delivery of substance charge in 1990?
A But they don't live with Jared.
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Q Pardon me?
A They didn't live with Jared.
0 They didn't what?
A Yes, but I'm not concerned about him. He
wouldn't hurt those girls.
o You had a DUI in 1998?
A That was before the girls were born. That
is before they were born.
MS, VERNEY: Your Honor, I'm going to
object to the relevancy of that. We have agreed to go back
to when the girls were born, but I don't think before that.
THE COURT: The objection is noted but
overruled.
MS. CAREY:
I'm sorry, I didn't hear what
you said, Judge,
THE COURT:
Overruled.
BY MS. CAREY:
Q So, you had a nUI charge, you said?
A No, You said.
Q Did you have a DUI charge?
A Yes, . I did.
o December 27th, when Sophia came --
MS. VERNEY: Objection, Your Honor.. I
don't believe that's the testimony this witness gave of when
she came,
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THE COURT: Let's hear the question again.
MS. CAREY: I said December 27th, when
Sophia came to pick up the children this year - - I just
started the question. I thought her testimony was that it
was December 27th,
MS. VERNEY:
I believe she said it was
close to New Year's.
THE WITNESS: I said it was close to New
Year's.
BY MS. CAREY:
o Let's just say, whenever that happened,
whenever she came to pick up the children, you said that the
children went with her?
A I said, girlie, girls, get your coats.
o They didn't have any bags or anything?
A No.
o They weren't packed to go with her?
A Not at my house.
Q You were very upset that day, is that' fair
to say, ups~t with Sophia?
A Not that I remember. I just asked her what
she was doing here.
o Do you remember having an argument with her?
A No.
o Do you remember pointing your finger in her
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face and yelling and screaming at her?
A No, I don't,
Q So, you're saying that you didn't do that or
you did do that?
A I'm saying I didn't do it.
o Okay. There was a time that you and Sophia
talked a lot about the girls because she and the father
weren't communicating. Is that fair to say? Do you remember
that you had a pretty good relationship with Sophia?
A I don't rightly recall.
o Isn't it true that Sophia and you made
arrangements, by agreement, that the girls would stay at your
house on certain nights so that she wouldn't have to get them
up early in the morning?
A No. I don't know anything about that,
Q Do you remember in 1997, after the order was
entered, that she was working night shift, that she came to
pick up the kids at 11:30, 12:00, when her night shift was
over?
A I didn't even know Sophie worked, The only
thing I know that Sophie did was collect a welfare check.
o You didn't know that she worked --
A I have no clue.
o -- at The Book Of The Month Club?
A No.
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o So, you didn't talk to her about picking up
the children?
A No.
Q Letting them stay overnight so they didn't
have to get out of bed at that hour?
A No.
o You don't remember talking to her about
that?
,9
A They stayed at my house anyhow.
o You talked about a tutor. They went to
tutoring twice a week, right?
A I didn't talk about it. You asked Jade
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about it.
o You talked about Sophia not picking them up
at tutoring?
A
On occasion.
o They went to tutoring every week, as far as
you know, is that correct?
A Twice a week, yes.
o So, the times that you said that you had a
call from Donna, you said that would have been approximately
two times?
A I didn't say that. I said sometimes Donna
would call me if Sophie left the girls.
o You said a couple of times?
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1 A Yeah.
.2 Q Did you call Sophia?
3 A No.
4 0 You talked about having a good relationship
5 with your children. Your mother really raised your children,
6 isn't that correct?
7 A No.
8 0 The incident that you talked about with the
9 police, there were no charges brought regarding that
10 incident:?
A
What incident?
o The incident that you talked about the
police writing a report.
A You mean the incident where I had the
speaker phone on when Sophie left the kids in the house by
theirselfs'?
o Whatever occurred there, the police didn't
file any charges, did they?
A No,
MS, CAREY: I have no other questions of
this witness.
THE COURT: Ms, Verney?
MS. VERNEY: No redirect, Your Honor.
THE COURT: You may step down.
MS. VERNEY: I call Howard Barnes.
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Q You know who those children are?
A Yes.
o Was there a time in October of 1998 when the
children walked to your house?
A Yes, there was.
Q Do you know the circumstances of why they
came to your house?
A Sophie was supposed to pick them up, and
they walked down to my house with my daughter. I let
Charlotte know that they were down there.
o Did Sophie eventually come to your house to
pick the girls up?
A I think she did one time, but I don't know
if that was the day.
Q The day that she came to pick them up, did
the girls want to go with her?
A No.
o What was their reaction when they learned
their mother was coming for them?
A They were really upset. They broke down
crying. They were holding onto Jade and Jen.
MS. CAREY: Obj ect ion.
THE COURT: On what ground?
MS. CAREY: Hearsay.
THE COURT: Therp. has been no statement
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that the children have made introduced, just conduct, so the
objection is overruled.
BY MS. VERNEY:
o Mr. Barrles, did that occur any other times,
or how frequently did that occur?
A It might have occurred a couple of times.
They didn't want to go with her.
o How otten did they come to your house?
A They came quite a lot,
o So, they would play at your house with your
daughter?
A Yes.
o And you're saying that at least on two
occasions they did not want to go with their mother?
A At least.
o Did they eventually go with their mother
anyway?
A Yes. They went one time with her I seen.
o On the other times what happened; did they
go with Charlotte or with Jade?
A With Jade.
o Do you know at that time whose turn it was
to have custody of the~?
A No, ma'am, I don't know that,
Q Have you had the opportunity to observe Jade
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1 with the girls?
2 A Yes, ma'am, I have.
3 Q Can you tell us if he's always been
4 appropriate with them?
5 A He is. I think he's been a very good
6 father.
7 0 Can you describe the relationship that the
8 girls and he have?
9 A TheY're real close to each other. The girls
10 are close to him, and he's close to the girls. A lot of love
11 there,
12 0 Along the same lines, you've had the
13 opportunity to observe the relationship between the girls and
14 their mother, is that true?
15 A I haven't seen them that much with their
16 mother. They used to live beside me at one time, That's
17 when they were little babies.
18 MS, VERNEY: That's all r have, Judge.
19 THE COURT: Ms. Carey?
20 CROSS-EXAMINATION
21 BY MS. CAREY,
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A
o
A
Mr. Barnes, how many children do you have?
Altogether, I've got about eight.
How many live with you now?
Three.
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0 One of them j US!; was returned to you from
foster cnre, is that right?
A Yeah, about a year ago.
0 You just got out of rehab, right?
A I ain't never been in no rehab. I've been
in the veteran's hospital.
0
A
don't know.
0
A
0
charges?
A
Recently?
Oh, about a year ago, two years ago. I
Do you live with your wife?
Yes, I do.
And your wife, just in '92, had retail theft
I don't know. My wife is not on trial here.
MS. VERNEY: Your Honor, I object, Did she
say 1992? And it's his wife, who's not testifying.
THE COURT: What was the question, Ms,
Carey?
MS. CAREY:
That there were retail theft
charges. There were several. My offer of proof would be
there are several criminal charges in this family, and I
think that the children are going there, and he's making
comments about my client's ability to provide for the
children. I think anything about his household is relevant.
THE COURT: It's too tangential. I'll
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1 sustain the objection.
2 BY MS. CAREY:
3 Q You have a chi ld who goes to the school.
4 How old is your child?
5 A My daughter?
6 Q Yes.
7 A She's seven right now.
8 Q So, she's in their class?
9 'A She's in --
10 Q Yonna's class?
11 A No, she's in Ouay's. She was in Yonna's
12 class in kindergarten.
13 Q So, it wasn't uncommon for them to come home
14 to your house together?
15 A They'd come to my house after they got home
16 from school, you know. After they had been at Charlotte's,
17 they would come down.
18 Q So, most of the time they spent at
19 Charlotte's, from what you could see?
20 A Well, with Jade and Charlotte, yeah.
21 0 You aren't aware when they were with their
22 mother, is that right? You said you did not know what their
23 schedule was for custody.
24 A No, I don't kn<.w anything about that.
25 MS. CAREY: I have no other quest ions of
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this witness.
MS. VERNEY: No redirect, Your Honor.
THE COURT: You may step down. Thank you.
MS. VERNEY: May this witness be excused?
THE COURT: Ms. Carey, do you have any
objection to Mr. Barnes being excused?
MS. CAREY:
THE COURT:
No, Your Honor.
You're excused. You may stay
or leave as you choose.
MS, VERNEY:
Your Honor, I would call
Jennifer Jumper, but r don't think we will finish her today.
THE COURT: We might as well at least
start.
MS, VERNEY: Although I have another issue,
and that would be the children, according to the present
order, would not be going to Florid~ until Wednesday. The
order also says that if the mother is here, the children are
to spend time with the mother. At this point, I would like
to make sure that at least the dad can have the children for
some time pel'iod before Wednesday, when they leave for
Florida,
THE COURT: Ms. Carey?
MS. CAREY: I think they need to leave for
Florida soon because of employment. She was hoping to be
able to leave tomorrow. Since the children will be with her
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1 when they're here, she would be hoping that she could just
2 take them to Florida with her.
3 THE COURT: Ms. Verney, if the children are
4 with your client until the Defendant leaves tomorrow for
5 Florida, will that be satisfactory?
6 MS. VERNEY: Yes, Your Honor.
7 THE COURT: All r.ight. Thank you.
8 Actually, we are down to about three or four minutes at this
9 point, so why don't we adjourn, if that's satisfactory to
10 counsel.
11 MS. VERNEY: Yes, Your Honor.
12 MS. CAREY: Yes, Honor.
13 (The following Order was entered by the
14 Court: )
15 "AND NOW, this 14th day of June, 1999, upon
16 consideration of Defendant's Petition for Special Relief, and
17 following a hearing with respect to custody of the parties'
18 children, Shaquay Keona Brock (date of birth February 11,
19 1991) and Yonna Renee Brock (date of birth February 13,
20 1992) ,and a hearing having been commenced on this date but
21 not concluded, and counsel having agreed that evidence should
22 be admitted as to conduct of the parties prior to the Order
23 of Court dated December 18, 1998, the record shall remain
24 open, and an additional day of hearing is scheduled for
25 Thursday, August 19, 1999, at 9:30 a.m. Pending further
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Order of Court, the terms of the Order dated December 1,
1998, shall remain in full force and effect, subject to any
contrary agreement by the parties.
"It is noted that at the time of adj ournment
on today's date, Defendant had presented her case-in-chief,
Defendant's Exhibits 1, 2 and 3 had been identified and
admitted, and Plaintiff was presenting his case-in-chief. It
is further noted that because of counsel's agreement during
the hearing that evidence should be received as to events
prior to the date of the December 18, 1998, Order, both
counsel will be permitted to present further evidence as to
those events.
"The stenographer is requested to transcribe
and file the notes of testimony of this proceeding held on
today's date."
THE COURT: Is there anything else that
counsel thinks should be in the order at this time?
MS. VERNEY: Your Honor, will they still be
the moving party, or will I finish my case-in-chief?
THE COURT: It really doesn't matter to me
how that's done. I would think counsel cculd agree on that.
MS. VERNEY: Will pretrial memos also been
required?
THE COURT:
MS. VERNEY:
No.
So, we are limited to the
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1 witness list that we provided previously?
2 MS. CAREY: No, I don't think so. I don't
3 think that can be, Your Honor,
4 THE COURT: Do you want to call additional
5 witnesses?
6 MS. CAREY: Well, we can go back into the
7 past. The father's character is in evidence.
8 THE COURT: Okay. We'll add to the Order:
9 (The following was added to the Order of
10 Court:)
11 "Pursuant to a further agreement of counsel,
12 neither party will be limited to the witnesses listed and the
13 existing pretrial memoranda, and counsel are directed to
14 furnish supplemental pretrial memoranda at least five days
15 prior to the next day of hearing. The Court will not hold
16 any further hearing in this matter beyond the date of August
17 19, 1999,"
18
19 Thank you.
20
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THE COURT:
Okay, Court is adjourned.
(Court was adjourned at 4:30 p,m.)
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VERIFICATION OF Pl.EADINGS
Th~ fm~going dOCUlll~'lt i~ bas'.',1 UpOI1 information which hus b~~n guth,'r~d by illY
cmmsd und mysdf in Ih~ pr~puralioll of Ihis acliol1. Th~ lallguag~ of Ih~ dOCUlUl'lIlll1ay, ill pUll,
b~ lh~ language of illY counsel and nOI lilY own. I have n.'ad Ihe Stall'lll~IIIS Inadl' in Ihis
doculllenl und to till' exlenllhal il is based UpOIl illfonnalioll which 1 have giwlllo my cmmsl'1.
il is Inl" and corn:cllO Ih~ besl of my kllowledg~, informalion and belk'f. To thl' l'xll'nllhal thl'
cOlltellts of the sln....r"':II" an' Ihul of l"',III1,;,'I. I haw rdi,'lI UpOII cUllllsd ill lI,akillg this
Verification. 1 understand thai false stalelllents hereill ar~ mml<' subjccllO Ihe pelHlhk's of I K PA,
c.s. ~ 4904, rdating to IInsworn falsification to al1tl~/" ~
L ?dr::JL~-
Date: ~$1---, 1999