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Home My WebLink About98-01022 ,j '.'Ii -,'-1 ';1 >'. ~ j '.::') ".i ... '~."" -',;,,~ .'. ,~..1 ""~ -)'}l{ .,;! - :vi 'A ;~ :;p 5{i ,',r. ';F, ..,.' ','y; , ,~ ,..S,Li>> :) ,'~ :~~ ",II , ....,:,H '-w~ "i,l) -:'l~~ "'~": @i,' " \. ';:.J!\1 ,,1\ "~ ",,;;':.-,' ,',:""j' '....'<'#i ,":;.;;''; "'~"~' ,.,,>'i31" .i', ,::;'; ,.-:~_.(;,~. . '}J~: :'x. ':::~:":'f~1: ......,'.... ".::.;:~~~ _':r;~$~ ,'J:f:' "~ ~;~ '0~ -.-?{~~ ~):;~ ,,~ ,.,':+~ '~Jl .'.,e '>-:Ij ..;~ '~~I '. -,:~?' ~ ,JfJ~ .,,,:(~(\j ":,"", '",'{ ,',' "'~ \~' '..-, '.~.i~' <.:t_ "-~ ',-' '..~ ,",i,\ .. -,:~jfi ('''''1.) .-_::!~ ,,:,,:~~ \-:!' ':.;tl ''';'~f~ ,:q <:~ -' ;:'1{ :;[.~ .<i~ ''''\ ~ ... Ii 01 c ..3 ~ .:!/. d '- ~ f:! < .3 ~ ,~ .~ " ; (' ')0 l!,', - .' .:1' -' <:J' ~ "" ~. , . '. I, tIoo ' ~' '" -,.'; :'q ,..~" ~ '...~' , HELEN V. WARRICK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID R. WARRICK, DEFENDANT 98-1022 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of February, 1998, upon agreement of counsel the protection from abuse hearing scheduled for February 27, 1998, IS CANCELLED. The hearing is rescheduled for Thursday, March 5, 1998, at 2:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending said hearing, the temporary protection order entered on February 24, 1998, shall remain In full force and effect. Gerald S. Robinson, Esquire For Plaintiff '\ , I ) Rebecca Hughes, Esquire For Defendant Sheriff :saa " '~ '"' HELEN V. WARRICK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9J - / () 12- (!~().-~ L Petitioner, v. DAVID R. WARRICK, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE PROOF OF SERVICE I, Gerald S, RObinson, Attorney for Plaintiff, do hereby certify that on the 25th day of February, 1998, a true and correct copy of the Temporary Order and Petition for Protection from Abuse was served on the following individual by hand-delivery at his place of employment, Proof of Service is evidenced by "Exhibit One" (attached). David R, Warrick FROG & SWITCH 600 East High Street Carlisle, Pennsylvania 17013 ROBINSON AND GERALDO By GERALD S, ROBINSON, ESQUIRE Attorney I,D, NO, 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Petitioner Dated: February 27, 1998 "' JJ021688.DOC 'RIORITY ONE AnORNEYS' MESSENGER SERVICE JoMph F. .Johnaon. Ownlr . lubpoenll & Cltltlonl for All Courta . Ilrvlnll U.S.A. & Clnadl It I. eemlron Itreet P.O. Box 4M Hlrr/lburg. PA 1710100454 (717) 257-1365 PROOF OF SERVICE ORD!A NO. PROCESS TO BE SERVED BY: ROBINSON & GERALDO 4407 NORTH FRONT STREET HARRISBURG, PA 17110 DOCUMENTS: PROTI~CT ION 1'1l0M ABUSE PETITION AND TEMPORARY ORDER WITNESS FEE: lATE RECEIVED lATE REASSIGNED CASE NO. CUMBERLAND COUNTY, PA NO. 98-1022 HELEN V. WARRICK 'JAINTIFF -va. DAVID R. WARRICK IEFENDANT TO BE SERVED: DAVID R, WARRICK (WORK ADDRESS) FROG & SWITCH ACCEPTED BY: DAVID R. WARRICK (PERSPNALL '(.~E.;I.!YJm) , (-, ...~ t.. " - .)Irl....,. CORRECTION " Previous Image Refilmed to Correct I: Possible Error .1.1021688. DOC tRIORITY ONE AnORNEYS' MESSENGER SERVICE .IoMph F. Jotmaon, Own.r . lubpoenaa , Cltltlona for All Courts . I.rvlng U.S.A. I Canld. " I, Clmaron IlrHt P.O. Box 454 H.rrlaburg, PA 17108-04114 (717) 257.1365 PROOF OF SERVICE ORDER NO. PROCESS TO BE SERVED BY: ROBINSON &. GERALDO 4407 NORTH FRONT STREET HARRI SBUIIG, PA 17110 DOCUMENTS: PIlOTHCTION FIIOM ABUSE PETITION AND THMPOIlAIIY OIlIlEII WITNESS FEE: lATE RECEIVED lATE REASSIGNED CASE NO. CUMBEIlLAND COUNTY, PA NO. 98-1022 HELEN V, WARRICK 'lAINTIFF -..,a- DAVID R. WAIlIlICK IBFENDAN! TO BE SERVED: DAVID R. WARRICK (WORK ADDRESS) FROG &. SWITCH 600 E, HIGH ST CAIlLISLE, PA ACCEPTED BY: DAVID R. WARRICK (PEIlSONALLY SERVED) AT: FROG &. SWITCH 600 E. IIIGII ST CAIlLISLE, PA lATE SERVED: TIME: ' PROCESS SERVER'S NAME 25 FEB 98 10:50 P LARIlY J, MUIlINE : /;('Hale I ] Female !J,(Koultach. I ] hard I ] Gla...a I~ite Skin I ] nack Skin I ] Yellow Skin I ] Brown Skin [ ] Red Skin [ ] )llack Hair [VJ'Brown Halr [ ] Blonde Halr [ ] Gray Halr [ ] Red Hair [ ] ~ite Hair [ ) Balding [ ] 14-20 Yrs. [vY21.35 Yra, [ ] 36.50 Yrs. [ ) 51.65 Yra. [ ] Over 65 Yra. PROCESS SERVER'S REPORT [ ] Under 5'0. [ ] 5'0. - 5'3" [~'4. - 5'8" [ ] 5'9. . 6'0. [ ] Over 6'0. [ ] Under 100 Ibs. I ] 100-130 Ibs. I a..j-'131.160 Iba. I ] 161.200 Iba. I ] Over 200 Ibs. [ ] Hilitary Service Other Identifying Features: NON. SERVICE INFO I ] Hoved I ] No Longer Employed [ ] Never in But Address Has Been Verified [ ] Not Known [ ] Evading Service [ ) No Such Address L tlh'g V, 41rJ.N /1 t' being duly sworn according to law, depoaes and says that he/she is process aervar herein named: and that the facte berein aet forth above are true and correct to the beat of their knowledga, information and beliof. 4A~ IJ JJt ('ua ' ._ . Biocess Server S~ and subscribed b~ore me day of ,LIt "~~ - ~ ....". Co_fasion Exp. NOTARIAL SEAL JOSE?fl F, JOHNSON, Nol.lCY Public Iiarri,burg, Dauphin County My COlOr.llsslon Expir~s Sepl. 28. 1998 this .... HELEN V. WARRICK, Pet! tioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 98- I L\),) c? ;'.LLdL v. DAVID R, WARRICK, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this ~~ day of February, 1998, upon presentation and consideration of the within Petition, the following Order is entered: 1. Respondent is directed to refrain from abusing, harassing, or threatening Petitioner, physically or verbally, wherever she may be; 2. Petit:iol."r ia qranted-eo-le pO~lleaa~j;.t-al , rocirlonCQ 9ttu~e a;l~l Roaa, carllsle, cumb~Lland pennsvl vanlll: ~ (" (''''11 n ty-L;, 3. Respondent is excluded from entering or telephoning \Mfr1 - ~ I .Jv...Q:..: Petitioner's c"~J:'Qnt ro"irlon,..,. or any residence in which. ?titioner may reside during the pendency of this Order; W"?---/ 4. Respondent is prohibited from having any contact with Petitioner, including entering or telephoning Petitioner's place of employment and any other places Petitioner frequents; 5. Respondent is directed to refrain from all harassing communication with Petitioner or his relatives. 6. Detiticn~L 1~ awa~dea r"m~rcary ~~i~icar-cu~tody ~ tlIe-Ptl'!.'tr~.!-m-inor C'hW~~7-and-Re~k'ulld"IlL 1~ d""'l~~lllln rigA.l;.e-with L"9t1LUI> Lv t;he ParHei!l' 1II1llUL ~n,/ 7. -Hespefl{j9n~ I", dk-ect::ed-to-pay-AttuLlley's fees incurred::t1y Pet'itioner-p.luli- any ~rny all' TiTlrrg-fees-,and-add.l.-t.Lonal-coBts-lncurred by-PetltionQr, \. 't-t"'t' 8, A certified copy of this Order shall be served on the police department(s) in the jurisdiction where Petitioner resides. Pursuant to Section 6109 (a) of the Act, a certified copy of this Order shall immediately be filed by the police department in the County Registry of Protection Orders. Should the police come into contact with Respondent, and Respondent alleges that he has not been served with this Order, the police officer shall immediately serve the Order upon him. 9. This Order shall be enforced by any law enforcement agency in any county where a violation of it occurs. As provided in Section 6133 (a) of the Act, "(a)n arrest for violation of an Order issued pursuant to this chapter may be without warrant upon probable cause whether or not the violation is committed in the presence of the police officer," 10. Respondent is hereby notified that if he violates this Order, he may be held in indirect criminal contempt which is punishable by a fine up to $1,000.00 and/or by a jail sentence of up to six (6) months. The Court may modify this Order at a contempt hearing, 11. This Order shall remain in full force and effect until further Order of the Court. HELEN V. WARRICK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, . NO, 1l- IOA-.)" (I.ULL-L v. DAVID R. WARRICK, Respondent. CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein, You are warned that if you fail to do so, the case may proceed without you and an Order may be entered against you for the relief requested in the Petition, You may lose money or property or other rights important to you. If a copy of the TEMPORARY ORDER is attached, you must obey it until the hearing. If you do not obey it, the police can arrest you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. AVISO PARA DEFENSA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted quiere defenderse de las reclamaciones descritas en las paginas siguientes usted de be asistir a la vista que esta citada en ssta. Usted esta siendo I! advertido de que si falla en asistir a la vista el caso procedera sin usted y una Orden puede ser expedida en contra suya para el remedio solicitado en la Peticion, Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. Si la copia de una Orden Provisional esta adjunta usted debe obedecerla hasta que la vista se lleve a cabo. Si usted no la obedece la policia 10 puede arrestar, , Lleve este aviso a su abogado inmediatamente, Usted tiene derecho a tener representacion legal durante la vista. Si usted no tiene los medios economicos para pagar un abogado, dirijase al telefono mas cercano 0 vaya a la oficina cuya direccion aparece a continuacion. En esta direccion podra obtener ayuda legal. i , , \ . . I I CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator's Office One Courthouse square Carlisle, Pennsylvania 17013-3387 (717)240-6200 ..~ . 5. Respondent has been mentally and physically abusive to Petitioner, and placed Petitioner in fear of imminent serious bodily injury. Examples of Respondent's conduct includes, but are not limited to the following: a). Respondent had forcible sex with the Petitioner. b). The Repondent engaged in pushing and shoving the Petitioner on Wednesday, February 18, 1998. c). The Petitoner then proceeded to call 911 and the Respondent hung up on 911, d). The Emergency Operator then called back, and Petitioner provided them with directions. e). State Police Trooper Sydnor and another Trooper arrived. Trooper Sydnor was inside with the Petitioner and the other Trooper remained with the Respondent, The State Police issued Respondent a citation for harassment. 6. There were two (2) children born of this marriage: David L, Warrick, born January 23, 1991; and William R. Warrick, born March 25, 1993, Primary physical custody of the children is to remain with Petitioner, the natural mother, ; ~ I " 'I II WHEREFORE, pursuant to the Protection from Abuse Act, Petitioner prays your Honorable Court to: 1. Immediately enter a Temporary Order, pursuant to Section 6107 (b) of the Act, 23 Pa,C.S,A, 6101 et, seq,; a), Directing Respondent to refrain from abusing, harassing, or threatening Petitioner, physically or verbally, wherever she may be; b). Granting sole possession of the marital residence situated at 177 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania to Petitioner; c), Excluding Respondent from entering or telephoning Petitioner's current residence or any residence in which Petitioner may reside during the pendency of this Order; d). Prohibiting Respondent from having any contact with Petitioner, including entering or telephoning Petitioner's place of employment and any other places Petitioner frequents; e), Directing Respondent to refrain from all harassing communication with Petitioner or his relatives; f). Awarding temporary primary physical custody of the minor children to Petitioner and allowing Respondent no visitation rights with regards to the Parties' minor children; and g), Directing Respondent to pay Attorney's fees incurred by Petitioner plus any and all filing fees and additional costs incurred by Petitioner, 2. After a hearing to be held within ten (10) days of the filing hereof, and pursuant to Section 6107 (a) of the Act, 23 Pa. C.S.A. Section 6101 et. sea., enter a final Protective Order continuing the relief set forth above for a period of one (1) year. Respectfully submitted, BY~~ Gerald S. RObinson, Esquire ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P,O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Petitioner i , . '. ji t' I, 1'/ i' i i. ~ , ' VERIFICATION I verify that the averments made in the foregoing PetitIon for Protection from Abuse are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsification to authorities. ~\nu.aG .:r~ 19"1'i3' ate 1JL, v/;/~ Helen V. Warrick, Petitioner '2 .. 'I ~ '" .. ~ 0 " " 0 ." .. 0 Q Ii' D ~ .- . 1-"- . . " !!! ~ a 5" II ~ a n n ~ ~ . if 9 l- I .. I . . ~~ " " ;; z !l !as ~ ~ :j ~ a ii ;; ;; ~ ~ . :!. a. ID . a /; '" g 5" . .. .. r ;; 3 a . .' ~ if " .' " ~ .... ~ .. ~ '" = ~ " e ~ ~ t: '" ~ R~ . ~, -< . . " n if j . ~. . 5" .. " . = ~ . " ~ ~ ~ . D ~ . ~ i . g . 0' 0' . z 0 ~ .. i!' 3 ~p. . . z ~ .... !'o ~ .. ~ !'o z z e ~ ;- ~ 3 e 3 ~ lS .. :!I 0' e 3 a . ~ 3 '" ii . 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D . ;; " 5" a .. .' ....',.., '" .. .' " "' . I-' ;; . '" . .' . n '" ~ ;; . ~ .. ... 5- IlS :u D n ;; " -< . D ~ a ~ . OICI n ." D Z ~ 0 . '" " " . e ;; ;; ~ . . -< 3 .,. ~' . " " '" ~ ~ " " . ~ " ;; ;; ~ !: .. '" 0' ;:;; . ~ " 0 R ;;: 0 . .. .. .. .. 0 E e ;; ;; ;; ;; . " g .... 5' ;; I-' 0 ;; 0' Q !::i 0= !::i n 0 n ~ . ~ ~ 0 0 " -< oD 0 . 0 . ..... 0 " .... " a ~ s- . N 0 W .. .. .. !: .. W ;; . . N . .' ~ 5" 0 !!. 0 No ;; I-' ;; I-'~ " U1 D I-'a 0 0 ....... " m " D D, 00 . :u ...;, ;;: ~ .... ID .' .... . " 0 W~ e ?' ;; N 0 " " O\?' if '" . ;; " N CD 0 CD 0 0 " O. D a D . .:; -..; " ~ " ~ III ;; ;; . '" ;; " ~ ..... . .' .. ;',' en 'tJ f! .,.. .. :::.! " ;tI o -l m ("') ::!.. Oil! Zi;l :B~ O~ s: ~ 6;~ c(!l C/)!: mi.1 c )> ~ C/) J: m m -l D c -c Cl ~ m , \ ~"" \~.~ ""'" ~ HELEN V. WARRICK, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . /' , . V. DAVID R. WARRICK, Respondent NO. 98-1022 CIVIL TERM IN RE: PROTECTION FROM ABUSE Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on March 5, 1998, commencing at 2:42 p.m. in Courtroom Number Two. ') I , , ,~I APPEARANCES: GERALD S. ROBINSON, Esquire For the Petitioner REBECCA R. HUGHES, Esquire For the Respondent " , ! I, .. ~ INDEX TO WITNESSES FOR THE PETITIONER DIRECT CROSS REDIRECT RECROSS 1- Helen V. Warrick 4 11 recalled 29 31 FOR THE RESPONDENT 1. David R. Warrick 14 21 recalled 32 2. Arlene M. Iddings 24 3. Tomalee Fay Brown 26 27 2 ,.-., fU/~ 1 March 5, 1998, 2:42 p.m. 2 Carlisle, Pennsylvania 3 4 (Whereupon, the following proceedings 5 were held:) 6 THE COURT: This is for, what, a PFA, or is 7 it a contempt issue? 8 MR. ROBINSON: Well, Your Honor, we had 9 originally filed a PFA, but as I understand it from my 10 client, there were some things that happened after the PFA. 11 THE COURT: Let me see what I am working on. 12 MR. ROBINSON: It is the original PFA, Your 13 Honor. 14 THE COURT: It is the original PFA? 15 MR. ROBINSON: It is the original PFA, and it 16 was served on the client. You will hear testimony as to his 17 conduct afterwards, which I don't know if you'll determine 18 whether or not that's contempt. 19 MS. HUGHES: Your Honor, nothing additional 20 has been filed other than the PFA, 21 THE COURT: I am just wondering, there is not 22 a contempt petition before me? 23 MR. ROBINSON: No, 24 THE COURT: And is this for the setting of an 25 order to begin with? 3 '"' ,-., r' 1 HR. ROBINSON: Yes. 2 THE COURT: Okay. And you are alleging that 3 he violated the temporary order? 4 HR. ROBINSON: Well, my client has advised me 5 that since the PFA was served on the defendant there's been 6 conduct which we want to bring to your attention, whether it 7 rises to -- 8 THE COURT: Okay. But he is contesting the 9 continuation of the temporary order? 10 MS. HUGHES: Yes, Your Honor. 11 THE COURT: Now I understand where I am 12 headed. You may call your witness. 13 HR. ROBINSON: I call my first witness, Helen 14 Warrick. 15 Whereupon, 16 HELEN V. WARRICK, 17 having been duly sworn, testified as follows: 18 DIRECT EXAMINATION 19 BY HR. ROBINSON: 20 Q Would you state your name and address for the 21 record, please. 22 A Helen V. Warrick, 177 Oak Hill Road, 23 Carlisle, Pennsylvania, 17013. 24 Q And with whom do you reside? 25 A With David Warrick and my children. 4 -., ~ 1 Q Do you have children? 2 A Yes, my four children. 3 Q And how old are they? 4 A Twelve, eight, seven and five. 5 Q Are you employed, Ms. Warrick? 6 A Well, I started my own cleaning business. 7 Q And how old are you? 8 A Twenty-nine. 9 Q Are you married to David Warrick? 10 A Yes, I am. 11 Q And when were you married? 12 A February 14th, 1992, I believe. 13 Q Now, you filed a petition seeking protection 14 from abuse. Can you explain to JUdge Bayley why you filed 15 this petition? 16 A Okay. On Wednesday, February 18th, my 17 husband came home approximately between 4:30 and 5:00 in the 18 morning. Normally he works until 6:00. I was sleeping on 19 the couch, and I woke up and he didn't realize I was awake, 20 He was going around the house looking for something, and so 21 I didn't pay any attention to it. 22 I got up and I went in my bedroom and got 23 ready for work. I had noticed that my wedding rings were 24 gone, and I confronted him about it. I asked him, I said, 25 where's my wedding bands? And he said, you're not getting 5 -- r 1 your f-in wedding bands back until you give me the $500.00 2 out of the joint account. And I said, well, whatever, and I 3 walked in the bathroom to comb my hair. 4 And I went to corne back out to get a cup of 5 coffee, and he stood in the doorway putting his arms on the 6 other side of the wall. And I said, Dave, let me go get a 7 cup of coffee, and then he said, no, and started pushing and 8 shoving me. 9 I got by him and I got in the middle of the 10 kitchen, and he grabbed me by the back of the arm and 11 scratched my face somehow trying to get key -- my car keys 12 out of my pocket. And that's when I had grabbed the phone 13 and called 911, and he grabbed it and hung up on them. 14 They called back and I tried to explain to 15 them what was going on and how to get there, and he was on 16 the other line just in a rage. And then after we got off 17 the phone with the police, he went out to the end of the 18 driveway to meet the police. 19 Q Now, did you have any bruises or contusions 20 as a result of this incident? 21 A Yeah. That morning I showed the police my 22 arm was red where he grabbed me at, and you really couldn't 23 see the scratch on my face but I felt it, and for a week 24 after that it was black and blue. 25 Q Had you filed for divorce? 6 iI, -, ,..... 1 A Yes, I have. 2 Q Well, he left that night and what happened 3 after that? 4 A When the police had left, he had said that he 5 was going to go cool off and never returned since. 6 Q Did he have any communications with you since 7 then? 8 A He called and talked to the boys a couple 9 times. He had called on February 23rd, it was approximately 10 1:00 p.m., and told me he was going to shut off the 11 electric, the phone, and the cable, et cetera. And I just 12 said whatever and gave the phone to my son, Billy, so he 13 could talk to his dad. 14 And then later that day, on the 23rd, he 15 called around 8:30 p.m. That's when the kids are in bed. I 16 answered the phone, and he told me that he was going to come 17 and get the boys on Wednesday and take them for a visit. I 18 19 20 21 22 23 cabinet, dishes, sofa, and chair. I told him I had to 24 discuss i.t with my attorney first, and he told me that he is 25 entitled to it. told him I didn't approve until the custody is settled, but he is welcome to come out and visit with them. He told me no because I was going to be there. Then he started telling me he was going to come out Sunday to get his clothes, dresser, TV, gun 7 ~ r-. 1 I asked him when he was going to give me some 2 money to take care of the boys. He said, I'm not giving you 3 any f-in thing and it's all your fault this happened. Then 4 he said, if I have to take those boys from you I will. And 5 then I hung up the phone and he called back. 6 I told Josh, my son, to answer it, and Josh 7 said he didn't want to talk to him. Josh answered and 8 talked to him for about a minute and handed the phone to the 9 other boys. He talked to them for about ten minutes. When 10 David Lee hung up the phone, my 7-year-old son, he told me 11 that dad was going to call tomorrow. 12 Well, Tuesday, February 24th, Dave never 13 called. February 25th Dave called about 8:30 p.m., and they 14 were in bed again, and he talked to Josh, Cory, and David. 15 Billy was sleeping. Josh handed me the phone, and Dave told 16 me that he is still going to come out and get those things 17 and that I am to get rid of the boys. 18 I told him that I didn't approve until my 19 attorney gives the okay, but I would sit his clothes out for 20 him. And I have put his clothes out in the Ram Charger, and 21 they've been there and he hasn't come to get them, I told 22 him that he should have taken his stuff when he left, but I 23 would set them out. He told me that I forced him out, and I 24 told him that he brought it on himself and grabbed a hold of 25 me. 8 ~ r. ~i \ 1 1 I asked him if he had gotten served yet, and I told him that the hearing was -- it was supposed to be February 27th at 8:45, and he told me that if they didn't /: 2 /- ~j " 3 4 find him he isn't going to show up. He started getting 5 mouthy so I just hung up the phone. , I 6 February 26th he didn't call. On February 27th around 7:30 p.m. I got a hang up. I called 69 and no I l :, 7 8 number. On March 2nd, 1998, a hang up at 7:15 p.m., and 9 Thursday, today, March 5th, I got a hang up at 12:45. 10 THE COURT: He has not been back? 11 THE WITNESS: No. 12 BY MR. ROBINSON: 13 Q In your petition, you allege that respondent 14 had forcible sex with you. Could you elaborate on that. , I , I 15 Give us a time period. 16 A Well, it's approximately four and a half -- i , , 17 four and a half, five months ago I had told him no and he 18 did it anyhow. 19 Q Could you describe your relationship from 20 that period onward to the time when he assaulted you? 21 A He just -- I feel real cheap, you know, 22 because of that. He has -- I think he's obsessed with sex, i.1 : ~ , j 23 He has a porno collection. :, 24 THE COURT: I do not need to know all that. 25 THE WITNESS: And that kind of stuff. 9 , f, ,-., f"""I 1 TilE COURT: IIold on. Hold on. Ask another 2 question. I am dealing here strictly with areas of abuse. 3 BY MR. ROBINSON: 4 Q I want you -- well, are you afraid of your 5 husband? 6 A Yes, I am. 7 Q And why is that? 8 A My feeling is -- within the last year I feel 9 as it he is becoming more and more like his father, the 10 controlling, you know, just the screaming and yelling all 11 the time, and I just feel that he's becoming more like his 12 father. 13 Q Who does he scream and yell at? 14 A He screams at the kids. I have told him, you 15 know, repeatedly that you should talk to them and find out 16 what's going on, the situation, not, just punish them all and 17 scream and yell at them. 18 He has a habit of smacking their behinds and 19 slamming my oldest son up against ~he wall. I had told him, 20 you know, that I like to handle the discipline for Cory and 21 Josh because for some reason he just cannot handle those 22 two, 23 Q Did he scream and yell at you? 24 A He started screaming and yelling at me when I 25 started, you know, giving him ultimatums. 10 -- ,-.., 1 THE COURT: Let's talk about whether there 2 were any threats. You have got to get into abuse because I 3 cannot resolve their marital difficulties. 4 THE WITNESS: The only threats there were was 5 him trying to take the kids from me and my car and the 6 house. 7 MR. ROBINSON: Nothing further, Your Honor. 8 THE COURT: Cross. 9 CROSS EXAMINATION 10 BY MS. HUGHES: 11 Q Ms. Warrick, are you alleging that these 12 phone calls were inappropriate as far as the temporary order 13 is concerned? 14 A I don't know if they were -- I just know that 15 they are harassment. I didn't feel it was right. 16 Q What's that? 17 A I didn't feel harassment was right. 18 Q So by Mr. Warrick calling up and saying I 19 want to talk with my children, you consider that harassment? 20 A No. I left him talk to his children. 21 Q What exactly do you consider harassment? 22 A Well, threatening to take the boys away from 23 me, and the one time when he had called and he had said 24 about coming to take the boys for a visit, and I said, you 25 know, no, not until the custody is settled. He had told 11 ~ ~ 1 mo -- ho oaid that he was going to get them anyhow. 2 Tho thing was he wouldn't come over when I 3 had told him he was welcome to come over, you know, because 4 I was there. But then when he said about coming over Sunday 5 tor his things, he said he didn't care if I was there. So 6 it didn't make a whole lot of sense to me. It seemed to me 7 like he was planning on just taking them. 8 Q By him saying he's going to try to get 9 custody of the boys, you feel that you are in fear of 10 serious bodily injury by that? 11 A Well, I'm afraid of the serious bodily injury 12 because he grabbed a hold of me. That's something I do not 13 put up with. 14 Q Are you aware that the temporary order allows 15 Mr. Warrick to call the marital residence? 16 A Yes. 17 Q You are aware of that? 18 A Urn-hum. 19 Q And you are aware that he is allowed to enter 20 the marital residence too? 21 A Yes. 22 Q And you realize that you don't have primary 23 physical custody of the children? 24 A Yes. 25 Q Now, going to the allegation that Mr. Warrick 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ had had forcible sex with you, had you ever in the past bragged to anybody that you kept sex from Mr. Warrick? A No. Q Okay. A No. Q And were you ever upset when Mr. Warrick did not make sexual advances to you at a time you thought he should? A No. The only thing that I expected out of him was when I was upset and I knew our marriage was breaking up because we weren't getting along the only thing that upset me was I was crying, you know, in the bathroom or in the living room and he wouldn't come and talk to me, you know, or hold me or anything like that. Q Now, you indicated that your arm was black and blue. Did you take any pictures? A No. Q Did you go to the doctor? A I showed the police officer. Q Did you go to the doctor? A No. Q Have you ever antagonized your husband in terms of trying to get him to hit you? In other words, have you ever hit him yourself? A No. 13 ~ r\ 1 Q You've never hit him? 2 A No. 3 MS. HUGHES: Nothing further, Your Honor, THE COURT: Any redirect? 4 5 MR. ROBINSON: No, Your Honor. 6 THE COURT: Ma'am, you may step down. THE COURT: Any further witnesses? 7 8 MR. ROBINSON: No. 9 MS. HUGHES: Your Honor, I would like to call 10 Dave Warrick to the stand. 11 Whereupon, 12 DAVID R. WARRICK, 13 having been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. HUGHES: 16 Q Mr. Warrick, will you please state your full 17 name and address. 18 A David R. Warrick, and I now reside at 424 19 North Hanover street, Carlisle. 20 Q And is this a new apartment that you have 21 recently rented? 22 Yes. A 23 And you are married to Ms. Warrick? Q 24 Yes. A 25 Will you please account for the Court what Q 14 , , , '"' ,- ,......, r, 1 happened on the evening -- or I guees it was the early 2 morning of February 18? 3 A On my way to work that evening, actually the 4 17th in the evening, I had stopped at the MAC machine. She 5 had told me that she had taken half of the money out of the 6 bank, $500.00. Whenever I got there, there was $1,200.00 7 taken out. 8 So I went -- I went to work and I was very 9 upset at work. I couldn't work. I was having a lot of 10 trouble. I left early at 4:00. I was going to go home 11 early and confront her about the money she had taken out. 12 Whenever I got home, she was asleep on the 13 couch. I walked in and I just kind of puttered around 14 because I didn't know what to do, and I was afraid to 15 confront her basically. 16 So I did take her wedding ring out of the 17 jewelry box that she hasn't worn she told me now since 18 November. Well, in November she threw it at me, and I had 19 given it back to her on Christmas Day. She told me that she 20 did not want it at all the whole time, 21 I did take that and I went to leave again 22 because I was afraid to confront her. Then halfway up the 23 driveway I turned around and came back. When I came in the 24 door, she was in the bathroom and she said, are you going to 25 give me my wedding ring back? . I, 15 1 ~ r- I walked up to the bathroom door. I put my 2 hands on both sides and I told her, I said, whenever you 3 give me half the money back that you took out of the bank. 4 She said that 5 I can take it out as much as you can. she said that money's in a joint account. 10 11 12 13 14 15 16 Q bathroom? A Q A Q A Q No, I did not. Did you ever push her at that time? No, I did not. Did you ever grab her at that time? No, I did not. You just allowed her to leave per her 18 17 request, is that correct? A Yes. She went out and started to get water 19 in the pot for making coffee, and I walked out and said, why 20 don't you give me the keys so I can go out in your car and 21 see if the money is out there. She said it is not out 22 there. I did pat her on the front hip pocket. And at that 23 point she threw the coffee pot into the sink, ran into the 24 bedroom, called 911. She yelled, help me, and she hung the 25 phone back up. 16 " , . , I I I~, " ' .-.. ,....... 1 Q You did not hang the phone up then? 2 A No, I did not. They called back right away, 3 and she got on the phone and then she said to them that I 4 was grabbing her. I got on the other line, and we both 5 basically gave them directions to the house. And I told 6 them, you know, I wanted them to come out also. 7 Then after we got off our youngest son came 8 out of the bedroom. I picked him up and I carried him back 9 to the bedroom and put him back in bed and told him to go 10 back to sleep. Then I went out to the end of the driveway. 11 As I was walking out to the end of the 12 driveway, I heard the house door open and I seen her running 13 out to her car and she ran back in then. I thought maybe 14 she was going to follow me out but she didn't, and I went 15 out and waited for the police to come. 16 Q Let me interrupt you one second. When the 17 police called back, were you on the phone with them as well 18 as Ms. Warrick? 19 A Yes. 20 Q So you were both talking to them on the phone 21 at that point? 22 A Yes. 23 Q And you both -- did you both assist in giving 24 them directions and so forth? 25 A Yes. When the police came, they talked to me 17 ~ "..... 1 for a little bit out at the end of the driveway and said 2 they were going to go back and talk to her. They said that 3 I could walk back to the house. We have a very long 4 driveway. 5 I walked back, and whenever I walked in one 6 officer asked me to go back outside with him. I didn't have 7 a coat on or anything and I was about froze that early in 8 the morning so I asked the officer if I could get my coat, 9 and he said yes. So I went and got my coat, and we went 10 outside and talked while my wife was inside talking to the 11 other officer. 12 Then the first officer I was with took me 13 back inside the house, and they were telling us how they 14 couldn't make either one of us leave the house. The officer 15 outside told me that they couldn't make either one of us 16 leave the house, but it was obvious we couldn't stay there 17 together and it was just going to cause more problems. 18 And whenever we went in the house then the 19 one officer told me I was going to be issued a citation 20 because she told him that I shoved her, And I said to him, 21 I said, so it's her word against mine, or I said her word's 22 better than mine, and he said fight it then, 23 And then he said about he couldn't make 24 either one of us leave and stuff, and they went out and I 25 followed them straight out and got in my car right behind 18 ~ r' 1 them and followed them the whole way to town from there. 2 Q Now, three days prior to that, did you and 3 Ms. Warrick have a fight during that time? 4 A Yes, we did. 5 Q What was the nature of that altercation? 6 A The day before was our wedding anniversary 7 and we had gone out, and I tried do everything I could __ 8 THE COURT: Just tell me about the fight. 9 THE WITNESS: Well, the fight. She was upset 10 because I had heard that she was messing around and so she 11 said that -- you know, she claimed that she wasn't. That's 12 how it started. She started threatening to kill herself. 13 She said she would get in the gun cabinet. She took a key 14 and tried to open the gun cabinet, but I have the only key 15 to that which is on me at all times. 16 She tried to pick up a candle holder. She 17 was going to bust the glass in, and I blocked her from doing 18 that. And she even told me to take the gun and shoot her 19 right between the eyes with it. At that point she started 20 pounding on my chest and stuff. 21 So at that point I called my sister, and I 22 told my sister whenever I called her I said she's trying 23 to start something, she's trying to get me to hit her, she's 24 pounding on me, she's threatening to kill herself, and I was 25 just afraid -- she has controlled me through our whole 19 .-, ~ 1 marriage, through our whole relationship she's controlled me 2 completely. 3 BY MS. HUGHES: 4 Q Has she in the past threatened to take 5 everything away from you, your house and your kids and the 6 money? 7 A Yes, she's done that many times. Every fight 8 we've had the whole time of our marriage the first thing she 9 always says is that she wants a divorce at the very 10 beginning of the fight. 11 Q Have you ever hit Ms. Warrick? 12 A No, I haven't, 13 Q Have you ever pushedMs, Warrick? 14 A No, I haven't. 15 Q Have you ever grabbed her in the arm? 16 A No, I haven't -- well, yes, I have grabbed 17 her arms. When she was pounding on my chest, a couple times 18 I grabbed her arms and stopped her from pounding on my 19 chest. 20 Q On February 18, did you grab her arm? 21 A No. 22 Q Did you scratch her face? 23 A No. 24 Q Did you push her in the bathroom or in the 25 kitchen or anywhere she may have been that night? 20 A No. Q Now, the allegation with reference to forcible sex, have you ever forced her to have sex with you? A No. Q Were there periods of time when she did not have sex with you for a long time? 1 2 J 4 5 6 7 A 8 Q ,"'"" r.... Yes. 9 you for not having sex with her? Was there ever a time when she was angry with 10 A 11 Q 12 A Yes. When was that? One time that I can recall is the 31st of 13 January she had a party at our house and she invited a lot 14 of her friends 15 16 time, right? 17 18 19 THE COURT: wait. wait. It happened one THE WITNESS: One time I can recall. THE COURT: Next question. MS. HUGHES: Nothing further at this time 20 from this witness, Your Honor. 22 BY MR. ROBINSON: 21 CROSS EXAMINATION 23 Q 24 A 25 Q Mr. Warrick, you said you reside at 424 what? North Hanover Street. 'I " " i', I( I I , And you had moved out of the residence? 21 I., -., .""'" ~ 1 A I haven't basically moved anything out 2 because I'm afraid to go there because of what she did to me 3 this time. 4 Q But is it your intent to be permanently moved 5 out of the house? 6 A Yes. 7 Q That's your intent? 8 A Yes. g Q And that night that you had this 10 confrontation, you said that you left voluntarily? 11 A Yes. 12 Q Why was that? 13 A Because, well, the officers had explained to 14 me it wasn't good for -- well, the officer outside had 15 explained to me it wasn't good for the kids. The way things 16 had been going we're both going to end up in jail, and he 17 didn't -- it's not good for the kids. 18 Q Would it be fair to characterize it that you 19 did that you left to cool off? 20 A No. I had full intentions of not coming 21 back. ' 22 MR. ROBINSON: I have no further questions, 23 Your Honor. 24 THE COURT: Are all of the four children 25 yours? 22 ..-..-. r" 1 THE WITNESS: No, just the youngest two. 2 THE COURT: The five and seven year old? 3 THE WITNESS: It's four and seven. 4 THE COURT: What is the name of the four year 5 old? 6 THE WITNESS: The four year old is William 7 Robert, and David Lee is the second one. 8 THE COURT: Any redirect? 9 MS. HUGHES: No, Your Honor. 10 THE COURT: You may step down. 11 MS. HUGHES: Your Honor, I just have a couple 12 more witnesses. At this time I would call Arlene Iddings. 13 MR. ROBINSON: Could I have a proffer? 14 THE COURT: Bring her up here and swear her 15 16 17 18 19 20 21 with Arlene about various things in her marriage which 22 correlate to the allegations today. 23 THE COURT: I do not understand. Tell me 24 what she is going to testify to. 25 MS. HUGHES: She's going to testify about, in first, and then we will take an offer. Whereupon, ARLENE M. IDDINGS, having been duly sworn, testified as follows: THE COURT: Offer. MS, HUGHES: Ms. Warrick has often confided 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ first of all, their sex life because Ms. Warrick has often confided about their sex life, and also about statements made by Ms. Warrick regarding taking everything away from Mr. Warrick and her intent to do that. THE COURT: Forget the sex. Go into the statements. I do not care about their sex life. MS. HUGHES: Okay. DIRECT EXAMINATION BY MS. HUGHES: Q Will you please state your full name and your address. A Arlene M. Iddings, 320 East North Street in Carlisle, Pennsylvania. Q And how do you know the plaintiff and defendant from this action? A I was Mrs. Warrick'S foster mother for two years. Q And how long have you known Mr. Warrick? A About eight years. Q Have you been involved in marital disputes with them in the past? A I would imagine pretty much all of them because every time they would get into an argument they called me. Q Have you known Ms. Warrick to make threats 24 ~ "" 1 against Mr. Warrick? 2 Oh, yes, often. A 3 Q A What types of threats are those? She's going to divorce him. She's going to 4 5 take the kids away from him. He would never see the kids 6 again. She would take everything he owns. She will take 7 him for everything he has. 8 Q Have you ever known Mr. Warrick to be violent 9 toward Ms. Warrick? 10 A Never. 11 Q Have you known Ms. warrick to be violent 12 toward Mr. warrick? 13 A Yes. Q Have you seen that? A Yes, I have. Q What have you seen? A This was in '94, in the fall of '94 when they { , 14 15 I , I 16 17 18 were building their house, and they were staying with my 19 husband and I. I walked into the kitchen, and she was 20 pounding David on the chest. She was just screaming and 21 yelling and out of control. And I told her, Helen, that's 22 enough, not in my house, I won't put up with it. So she I. i.1 I' I . 23 grabbed a cigarette and went out and sat on the back step 24 and smoked a cigarette. 25 MS. HUGHES: Nothing further, Your Honor. 25 \ ~ f*"I 1 MR. ROBINSON: I have no cross examination. 2 THE COURT: Ma'am, you are excused if you 3 wish to be. 4 MS. HUGHES: At this time I call Fay Brown. 5 Whereupon, 6 TOMALEE FAY BROWN, 7 having been duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 BY MS. HUGHES: 10 Q will you please state your full name and 11 address? 12 A Tomalee Fay Brown, 131 Spur Road, Carlisle, 13 PA. 14 Q What is your relationship to the defendant? 15 A He's my brother. On the evening of Sunday, February 15th, were 16 Q 17 you talking with Mr. Warrick on the telephone? 18 A Yes. 19 Q Could you describe what that conversation was 20 like? 21 A Well, the first thing he said when he called 22 me was that he thought Helen was trying to start something because she keeps pounding at him. And he said, you know, she knows I won't do anything, but she's obviously trying to '\ ' " J .II 23 I ( 24 !i " 25 start something. He seemed really upset. The whole way 26 " ~ ~ 1 through the conversation his voice was quivering. 2 I don't really remember a lot of the 3 conversation, but I know that she picked up the phone for 4 part of the conversation and was listening in, and she would 5 make snide remarks. And even when she wasn't on the phone 6 with us, when she hung up, she would keep yelling into the 7 room where he was and yelling smart remarks at him. So she 8 must have been listening. 9 Then at one point I thought he dropped the 10 phone. I mean, you've been on the phone with somebody and 11 they drop it and you hear like a thud or whatever. I heard 12 a noise, and I thought he dropped the phone. I said, Dave, 13 and I heard him say and it was obvious the phone was 14 still at his mouth. He said, would you stop hitting me, and 15 she said, well, then put the phone down. 16 Q So she did not deny hitting him? 17 A No, she did not. 18 Q Have you ever known Mr. Warrick to be 19 threatening or physically violent with Ms. Warrick? 20 A No. In fact, he's usually pretty laid back. 21 MS. HUGHES: Nothing further, Your Honor. 22 CROSS EXAMINATION 23 BY MR. ROBINSON: 24 Q You weren't there this evening that they 25 testified to regarding protection from abuse when the police 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "'"'" 1"""\ came? A No. MR. ROBINSON: I have nothing further. THE COURT: You may step down. Any further witnesses? MS. HUGHES: No, Your Honor. THE COURT: Anything further? MR. ROBINSON: I don't know if -- there is a support issue in terms of -- I mean, he hasn't been providing any support since he left. THE COURT: Is there a support conference pending? MS. HUGHES: Yes, there is. THE COURT: Is there one set up? MS. HUGHES: Yes. THE COURT: When is it? MS. HUGHES: It is, I believe, March 23rd. THE COURT: I am going to let the matter be dealt with at the support conference. MR. ROBINSON: We have an acute situation, THE COURT: If you want to put evidence in on that, I should enter a temporary support order. Go ahead. HELEN V. WARRICK, recalled. 28 '"'"'" f1/II'\ 1 2 BY MR. ROBINSON: DIRECT EXAMINATION 3 Q You've already been sworn in. You have a 4 Domestic Relations conference coming up later on this month. 5 However, are there any bills of the family that have to be 6 paid before then? 7 A Yes. There is two months behind in mortgage, 8 and they are threatening to have the inspectors come out and 9 stuff and I guess foreclose. The electric company I just 10 got a letter from them threatening to shut it off. 11 I had it put in my name because when he 12 threatened to shut it off, but what they did was carryover 13 his bills onto mine. So that's $308.00. He hasn't paid the 14 phone bill, which I had that put in my name. I haven't 15 gotten that bill yet, but, you know, we're worried that we 16 aren't going to have anyplace to go. We're barely making 17 it. 18 Q Well, with the electricity, you said your bill is what? 19 20 A Three hundred eight. 21 Q $308.00. If you had not been separated, how would that have been paid? A He would have paid it. 22 23 24 Q Okay. And how was the mortgage being paid? Well, Steve -- what I was doing was putting 25 A 29 I~ , I) II 1\ , , '., J J ,I i; ,! " 'j ! .' Q both names? A both names. Q A Q ~ ~ 30 ~ ,.,.., Q Which bank? A Financial Trust. Q Do you have access to that account? A Yes. Q And so the money is there? A It's not there. He took it out the 20th. I had given you a printout of when he took it out, and now they sent me a statement that when he did that its 1 2 3 4 5 6 7 8 9 overdrawn. So they are giving penalties and everything on 10 that. 11 MR. ROBINSON: I have nothing further, Your 12 Honor. 13 CROSS EXAMINATION 14 BY MS. HUGHES: 15 Q Ms. Warrick, at the time -- well, I guess it 16 would have been February 17 or 18 -- February 17, did you 17 not withdraw $1200.00 out of the joint checking account? 18 A I withdrawed 500, and I told him about that. 19 Q You did not withdraw 1200, you just withdrew 20 500, or does your memory fail you at this point? 21 A I'm thinking. I know I drew 500 out, and I 22 might have drew maybe another hundred or two the next day, 23 but I can't recall. But like I said, when that income tax 24 come in he took it all. 25 Q Well, the money that you withdrew -- the 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ""'" "....... account you withdrew that from, isn't that the account Mr. Warrick would pay the bills out of? A Yes. MS. HUGHES: Nothing further, Your Honor. BY THE COURT: Q A Q A Q A Q What is your income? My income? How much do you make? Approximately 740 a month. 740 net a month? Um-hum. And you do foster care work. What other kind of work? A I'm not doing foster care work now. Q Where are you earning the 740 from? A My cleaning service. THE COURT: You may step down, ma'am. Put him back on. Let's get some finances. DAVID R. WARRICK, recalled. DIRECT EXAMINATION BY MS. HUGHES: Q Mr. Warrick, on February 17 you had indicated that you went to the MAC machine to, take out some money and you realized that there was $1200.00 missing? A Yes. 32 ~ ~ 1 same thing with that money? 12 13 14 16 22 Q 2 3 4 account? 5 6 7 then? 8 A I was afraid that she would. And did you withdraw that money from the Q A Yes, I did. Q Have you kept that in a separate account A Yes -- well, I don't actually have it in an 9 account. I have it all in -- well, not even all of it 10 actually. I did spend roughly a thousand of it, but the 11 other 2,000 has been kept back. Q And you spent a thousand for what? A For my apartment. Q And the utilities that were due and owing at 15 the time that you left, do you intend to pay those? A , , , Yes. I told the electric company when I 17 called them to bill me up until the time where it was 18 switched and I would pay them. I haven't received anything 19 from them. The phone company told me that they do that 20 automatically, that they would bill me up until the time 21 that I left, that it switched over. 23 A 24 25 Did you give them your new address? ~~ , ;1 Yes. MS. HUGHES: Nothing further, Your Honor. MR. ROBINSON: I have no other questions. 34 !', ~ ,.. 1 BY THE COURT: 2 Q What do you do, what kind of work? 3 A I work in the steel factory, Frog and Switch. 4 Q Do you have a regular take home pay? 5 A Yes. 6 Q What is it? 7 A Four forty a week. 8 Q Net? 9 A Yes. 10 Q Anything taken off other than taxes? 11 A 401K plan. 12 Q Ballpark, what do you put in the 401K? 13 A It's two percent of my gross. 14 Q And you are renting an apartment. How much 15 is your rent? Five fifty a month. , 16 A i , 17 Q What is the mortgage payment on the house? 18 A $913.00 which includes the insurance and 19 taxes. 20 Q How long have you had the house? Let's it will be four years in May. I 21 A see, I I ,.; Joint name? , 22 Q I 23 A Yes. 24 Q Ballpark, what do you think it is worth? 25 A Worth? 35 .....:" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ -- Q Ballpark. A It was estimated 113 whenever we built it. Q How much mortgage is still left on it? A There's actually over a hundred thousand. Q So there is not much equity? A No. THE COURT: You may step down. The record is closed. Argument, moving party, off the record. (Whereupon, argument was held off the record.) THE COURT: I am going to take it under advisement. I will have an order down not later than tomorrow. Before the four of you leave -- you even said there should be visitation. Work up some temporary arrangement before you leave as to what it will be. That way it will be much easier between them. If you cannot work up something, I am sure you can, but if you cannot, walk back to my chambers and I will do something on that. I do not want the parties to leave without at least a temporary arrangement. MS. HUGHES: Thank you, Your Honor. MR. ROBINSON: Thank you, Your Honor. (Whereupon, the hearing was concluded at 3:23 p,m.) 36 '.,..' FiiJn"07F!2:: 'v: -I" - r .,. .,1 "', )T.\!JY \",,;. 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