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Home My WebLink About01-1873 FX ~,,~; o (f' -W MAR 2 9 2001 o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KATHLEEN S. MARSH Defendant NO. o/-1?73 ORDER OF COURT AND NOW, 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2001, at _.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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 .';) II ,. ----'i'-.,;,~-- c fYl SEP 1 9200,{)tl 0...... -,-' ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, , 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2001, at ___.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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 , j\ II ~- -- j i PYS510 2001-01873 L,l ""..1. . . ..............1\<__,' MARSH ~mberla~d.County prot~onotar~...,.."s Office V C~v~l Case Inqu~ry g ROBERT J (vs) MARSH KATHLEEN S 1 Page Reference No..: Case Type.....: COMPLAINT - CUSTODY Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial.. . . Dtsposed Date. H~gher Crt 1.: Higher Crt 2.: 3/30/2001 8:19 0/00/0000 0/00/0000 1498 MbA2001 ******************************************************************************** General Index Attorney Info MARSH ROBET J 360 STATE ROAD GARDNERS PA 17324 MARSH KATHLEEN S 11 SOUTH RIDGE ROAD BOILING SPRINGS PA 17007 PLAINTIFF DISSINGER MARY A ETTER DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** Page No. 2-8 9-10 3/30/2001 4/05/2001 1 4/06/2001 ll-12 13-16 4/24/2001 5/10/2001 17 6/22/2001 I1H9 8/16/2001 20-21 8/21/2001 22 8/24/2001 23-25 9/18/2001 26-29 9/18/2001 31-39 9/18/2001 ~1 9/24/2001 42 9/25/2001 30 9/25/2001 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CUSTODY ------------------------------------------------------------------- AFFIDAVIT OF MAILING FOR COMPLAINT IN CUSTODY - BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 4/5/01 - IN RE CUSTODY COMPLAINT - PREHEARING CUSTODY CONFERENCE 5/1/01 11 AM @ 214 SENATE AVENUE SUITE 105 CAMP HILL - BY MELISSA P GREEVY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 4/6/01 ------------------------------------------------------------------- CERTIFICATE OF SERVICE - MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 5/10/01 - HEARING 7/26/01 9:30 AM CR 4 - BY KEVIN A HESS J - COPIES' MAltED 5/11/01 --------------------~---------------------------------------------- ORDER - DATED 6/15/01 - AT THE REQUEST OF COUNSEL FOR THE PARTIES m ING IN THE ABOVE MATTER SET FOR JULY 26 2001 IS CONTINUED TO 8 15/01 AT 9:00 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTijOUSE LtSLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED 6/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/15/01 - IN RE PLFFS COMPLAINT FOR CUSTODY - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/16/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/21/01 - LEGAL CUSTODY OF THE CHILDREN SHALL BE SHARED BY THE PARTtES - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/20/01 - UPON CONSIDERATION OF THE COMPLAINT FOR CUSTODY IN THE ABOVE CAPTIONED MATER AND FOLLOWING A SECOND PERIOD OF HEARING THE RECORDED CLOSES AND THE MATTER IS TAKEN UNDER ADVISEMENT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/24/01 ------------------------------------------------------------------- REQUEST FOR TRANSCRIPT - BY MARY A ETTER DISSINGER FOR PLFF ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT OF PA FROM ORDER 8/21/01 - BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- PETITION TO MODIFY CUSTODY - BY MARY A ETTER DISSINGER ESQ ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1498 MDA 2001 ------------------------------------------------------------------- ORDER OF COURT - DATED 9/25/01 - IN RE NOTICE OF APPEAL FILED IN THE ABOVE-CAPTIONED MATTER APPELLANT IS DIRECTED PURSUANT TO PA R A P 1925 B TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONSISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THIS ORDER- BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/25/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 9/24/01 - IN RE PETITION TO MODIFY CUSTODY - ""","'~ .~~.J.~..._I L~ :, ,I! , I ~ ~ < ~'~ ~ ~""" ~""",,]. PYS510 ~..'mberland County prothonotar~....'s U Civil Case Inquiry g ROBERT J (vs) MARSH KATHLEEN S Office Page 2 2001-01873 MARSH Reference No..: Case Type.....: COMPLAINT - CUSTODY Judgment...... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed........: 3/30/2001 Time. . . . . . . . . : 8: 19 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: 1498 MDA2001 Hiqher Crt 2.: HEAERING AT 214 SENATE AVENUE SUITE 105 CAMPHILL PA ON 10/9/01 AT 11:00 AM - FOR THE COURT MELISSA P GREEVY ESQ CUSTODY CONCILIATOR COPIES MAILED 9/25/01 ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT J WESLEY OLER JR J ------------------------------------------------------------------- CONCISE STATEMENT OF MATTERS COMPLAINED OF BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- OPINION PURSUANT TO PA RAP 1925 - BY THE COURT J WESLEY OLER JR J COPIES MAILED 10/16/01 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 43-141 9/28/2001 142-14510/09/2001 146-15810/15/2001 ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adi End Bal * ********************************~********~************************************** CUSTODY AGMT TAX ON AGMT SETTLEMENT CUSTODY FEE CUSTODY FEE-CO JCP FEE APPEAL MODIFICATION CU 85.00 85.00 .00 .50 .50 .00 5.00 5.00 .00 4.00 4.00 .00 1.00 1.00 .00 5.00 5.00 .00 30.00 30.00 .00 50.00 50.00 .00 ------------------------ ------------ 180.50 180.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** 159 Pretrial statarents & Exhibits i ,. " " I., , L.-""$'"''I'' ""' 'ic, o ';'d"" .'" r'~1> o CETIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certifY that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT J MARSH VS KATHLEEN S MARSH 01-1873 CIVIL TERM SUPERIOR COURT . 1498 MDA 2001 The documents comprising the record have been numbered from No.1 to 159, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable defmiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 11- 2 - 0 1 NOV - 5 2001 MIUUl.c ~ RECORD FILED IN SUPERIOR COURT An additional copy of this certificate is enclosed. Please si". and date copy, thereby acknowledWilg receipt of this record. Date Signature & Title I ~a(t '''''~' !Ih. f JlJ 'iI,I~ o i I .~~--" J o county of CUMBERLAND Among the Records and Proceedings enrolled in the court of Common Pleas in and for the to No. 01 1873 COPY OF SEE ATTACHED in the Commonwealth of Pennsylvania Term, 19 is contained the following: DOCKET ENTRY ROBERT J MARSH VS KATHLEEN S MARSH PLEASE SEE ENCLOSED DOCKET ENTRIES 01-1873 CIVIL TERM SUPERIOR COURT # - 1498 MDA 2001 ''''.-''~ 'L~i,-+ril:Jo: '.-~ , '-~"bJ II .-'T' '-U[-'n'.". ( c " o o Commonwealth of Pennsylvania County of Cumberland 1 ss: [, CYRTI6 R. :bONe ' Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein RORF.R'I' .1. MIIRSH Plaintiff, and KATHT.RRN ~ MnQ~u Defendant _. as the same remains of record before the said Court at No. of 01 1 R71 Term, A.D. 19_. [n TEST[MONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 2ND 7':t;E~ixml ~i~ ~OnOla'Y [, GEORGE E. HOFFER President Judge of the Q'l'H Judicial District. composed of the County of Cumberland. do certify that CURTI SR. LONG , by whom the annexed record. certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing. and now is Prothonotary in and for said County of CUMBERLAND in the Commonwealth of Pennsylvania. duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the pr er officer. Commonwealth of Pennsylvania County of Cumberland } ss: [, CURTIS R. LONG . Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable GEORGE E HOFFER by whom the foregoing attestation was made. and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, [ have hereunto set my hand and affixed the seal of said Court this 2ND day f NOVEMBE'R A.D. xml 6}f'Y , . - ~'I , ~'_' _ - "3 ..:.' . . <' o ROBERT J. MARSH PLAINTIFF V. KATHLEEN S. MARSH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1873 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, May 01, 2001 at 11:00 a.m. f. 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT, By: Isl Melissa P. Greevy. Esq!Jlj Custody Conciliator The Court of Common Pleas oJ Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 \ ~U1'i ,'._0;' ~'~,,"1\'I'-)<"'-"Iill!;Lcl;9\i'~~5H'"",:i,,"~~liI;IiiWII €~ ~ ""~"'''''-l!lilOi_ Ulillid'll!~ ~:,: ~ ,,; r:: , I ~ I:] I, Q E' f~' , ~; l ~' r, U: I I I I i) Ii !i ~ P '1/- ~ ~ JtJ-1.f? .6..,. fII// $~h/ ~ JrJ-1/; ~ ~ ~ ~~? l'P J(J-'l./t -_. , .~ ~-~ -- .. ~~ ~ I ,~,~. ~, ~ . \'['I'''''Q'.'N:Jd ? i\ ,;,/\ I/\...;J\ ....I ) ! f',!Gi'(._1 '''''\.';''7,!~!:-,.-_,p::'~ln:'} . \...,'.., 'I 1\-_ '..' , ,.. _ . ~ "'-J -~(. ~/~ . (, ~f "~J ~ ,. '" 1'- 'j'" (;G~ U A(J":llC.:>.::_~, -: - :" ,ij i'_' ,.t _ ,_, "'" ,_,~, _ ~,~ ~-,~ . ",_ ~._ ," .,._ ~.~ '" . ,~_. .~" o o NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 , 1: Mary A. Etter Dissinger, Esquire Attorney for Plaintiff II o o o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KATHLEEN S. MARSH Defendant NO. COMPLAINT FOR CUSTODY 1. Plaintiff is Robert J. Marsh, residing at 360 Old state Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant is Kathleen S. Marsh, residing at 11 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks joint or shared legal and physical custody of the following children: Name Present Residence Age Danielle Nicole Marsh 11 S. Ridge Rd. Boiling Springs, PA 12 Alicia Christine Marsh 11 S. Ridge Rd. Boiling Springs, PA 12 Aaron Robert Marsh 11 S. Ridge Rd. Boiling Springs, PA 9 4. The children were not born out of wedlock. 5. The children are presently in Defendant who resides at 11 S. Cumberland County, Pennsylvania. the primary physical custody of Ridge Rd., Boiling Springs, ! 6. During the past five years, the children have resided with the following persons at the following addresses: ~ il ,~ ~ o o Persons Addresses Date Kathleen S. Marsh 11 S. Ridge Rd. Boiling Springs, PA 4/96 to present 7. The mother of the children is Kathleen S. Marsh who currently resides at 11 S. Ridge Rd., Boiling Springs, Cumberland County, Pennsylvania. 8. She is single. 9. The father of the children is Robert J. resides at 360 Old State Rd., Gardners, Pennsylvania. Marsh who currently Cumberland County, 10. He is single. 11. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with no one other than the children when they are with him. 12. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with only the children. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 14. Plaintiff has no information concerning the children pending in a , of a custody proceeding court of this Commonwealth. ., 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. s '" II o o . . 16. The best interest and permanent welfare of the children will be served by granting the relief requested because the children and Plaintiff desire to spend more time together. 17. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff requests the Court to grant the parties joint or shared legal and physical custody of the children. Respectfully Submitted: DISSINGER and DISSINGER By: A' issinger, A tor ey for Plaintiff Supreme Court I.D. #27736 400 South state Road Marysville, PA 17053 (717) 957-3474 iJ 11 ~ , , '-.~ o o , - VERIFICATION I, Robert J. Marsh, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ II - - o c ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. KATHLEEN S. MARSH, Defendant CIVIL ACTION NO. 2001-01873 IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Mary A. Etter Dissinger, the attorney for Plaintiff, being duly sworn according to law, says that she mailed by certified, restricted mail, return receipt requested, a true and correct copy of Plaintiff I s Complaint for Custody in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt attached hereto as Exhibit "A". ~::~~~re Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscr~ed before me this 3'" day of April, 2001. Yf~~ i I I, i Q , Ii . ' jhtliiJMl!;ltllffiliw)i!il~H~1Il~fWifm)J~0i~lil:i?Ji!~""OW"~Ji$)0~"'j: ~'i,':~,\iI"H@."",:",-q,,&l!t'I&I;l}_""t8i'm>'t 't - ~~l!auI~ll?"V'~ B'li:ilil ~ I~".,~" ~=_" _',~~, .~ 'ilL,j. - """^"""",~"__",,,, "~-"< k",. ~>-,", r'. ~j 1f'-- ^ ~ O'~ ~ - ~~llilt~ -":'1 !I I I I - 0 Cd C ;:.~:" ~'--., -U (:'[-; C'O rnF ;:\:; Z::l: I -;-',.." ~~":- c.Ji , ,- '.J . ~8 -. C> . , ~- ni :>c ..;~' ~'::) -; ~-..... ~ ~ U'\ ..~.p, J: ,..' ~N'~ ."~,~ ~ " . o ~. '..~.. .1/J ~ ~ e .. ;; c o " ~ ii E o u . ~c" ~mPI9t. ~ Ite.mS 1 and/or 2 for addition~1 servi;' Complete items 3, 4a, and 4b. . [] Print your name and address on the reverse of card to you. -; C Attach this form tathe front of the mailpiece, or.~ panni!. . o Write "Return Receipt Requested' on the mailp, . D The Return Receipt will show to whom the article was delivered and the date delivered. 31 Article Addressed to: J KATHLEEN S MARSH -11 SOUTH RIDGE ROAD BOILING SPRINGS PA 5, Received By: (Print Name) K.M1o--(u...- S,.M--~ ~ :; 6. Sig.natur~--(Addressee or Agent) g. r-..~ j\\~.. ~. !Il PS Fo'''' ", D_be, 1994 a: 10 ,; u ;; Iii Ul a '0; u .. a: 0003 5352 8523E " ;. Deertified a: '" o Insured .5 . .. o COD " ~ - . " o. '" " c .. ., .... 3220 4b. Service Type ::};!=l Registered -:~, 'io Express Mail 1 70;0' 0 Return Receipt for Merchandise 7. Date of elivery 102595-99-8-0223 EXHIBIT "A" DomeetIe 'm~1'l \0 lL: i' " C; . .. -," tn >-- ~-; "~.::.. :::::> ,-,:"!: 7,2 -"" -'''''' ::> :;:;': ~;:! _'-leg ::::::;. ~~~ ::..) (.) c''"; Ct_. w) i C" Il:!:.:!.: CJ o ~ .', 5' ("""'^''-'" '~O-~''''-J L "'j;, o ;;~ ,--'- - "" o (I ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. KATHLEEN S. MARSH, Defendant CIVIL ACTION NO. 2001-01873 IN DIVORCE Certificate of Service The undersigned hereby certifies that a copy of the attached Order for a conciliation conference was served on the Defendant by placing it in the mail with the U.S. Postal service on the date set forth herein below and addressed as follows: Kathleen S. Marsh 11 South Ridge Road Boiling Springs, PA 17007 '7;( a~ ~ Mary A. Etter Dissinger, squire Attorney for plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Date: f /0 10 / \t Ii "'I' '; ',-',- '",-, \."~,,,,;---,,.-. -.;;~u..'-'",,\_~,"'-- JI " ... o o ROBERT J. MARSH PLAINTIFF V. KATHLEEN S. MARSH DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1873 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, May 01, 2001 at 11:00 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: Isl Melissa P. Greev.y. Esq..b{l Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'TRUE COpy FROM RECORD In Testimony whereof, I here unto set my ha and the seal of said Court at Carlisle, Pa. This "'__~_._m'h .day Of~'h" .7.cp. ......n....._~ g-xda ~ . - mhprothon~t';;y;;,","'" ,r:f n~~~OO~~~!il@>~'~&'-N;t;~d"'ili,.i~,.""",",iM>iI:1;i@.M1i~m.~"~~~ili- ,~, '~ "~~.~< ^ , . . ~ dL ,,'~ , ~,~ .. >-, ~-~ .-- I.~.' ., .'""", .. .' "" ! ~ 0 0 -" P' .-4 i~ -0 ::C-n :;0 l'ne: N :;~'? .;:- _W C'O "'-- _..{~- KO .." ~- , t.')-:0 ~8 :x :;;--",,0 - art' 5>c "-i ~ - ~ C'> ,. ,---- ,,-, 1-.. " I ' '.. _'I '" ,.~" ,c_" ' :_ ",_ ,"",c,'" ., "'< _',,~, _,\'.. ','- -,'-, .~ it' e o MAY 0 8 ZOO{/) ROBERT J. MARSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1873 Plaintiff vs. KATHLEEN S. MARSH, CIVIL ACTION - LAW CUSTODY Defendant ORDER OF COURT AND NOW, this / if tA day of May, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. .L of the Cumberland County Courthouse on the :;,~-iIJ day of ~ ~ ,2001, at 9: 3d o'clock .Lt.M., at which time testimony will be taken. For the urpo s of the hearing, the Father, Robert J. Marsh, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or an agreement of the parties, the following is in effect: A. Legal Custody. The parties, Robert J. Marsh and Kathleen S. Marsh, shall have shared legal custody of the minor Children, Danielle Nicole Marsh, born December 20, 1988, Alicia Christine Marsh, born December 20, 1988, and Erin Robert Marsh, born October 21, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. s. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. \J ~~~OO!IW~il'!~@I'>l!fli'jI;]"j~!;lji;!mi~l1~liI>io;ti;I\'ii,r'"'t<:.lo:iiS,';';~<,,_.,;,i',~' 4~;'l&lo','~'ili'ii~~J1'!_~ .~.~ ,~ 'iiNVIIl,,\iNN:Jd , '1\1f"\')'"', !1e,"'ljDQi/'l0'1 1\..L1..,\ '., '.-'" ,_.--'._, _Iv ~7 0>., "1 ~(, '"I f\c ", I ! \'J ! i1 l~' ,\ ;11~ j '.0' }.!:J\j I lIt , i: \' .._,.,'....1_, '" ,i' ,.. N , _~ _ _.~~~,.<,~ _ ~" ~ r~iiIt. .....- ^" . "..,"" -.'-'. '," .~~ ~...-"". .."", ~, ,".~-~, --~-~.~', -"~'-'~ :'--, , ,1 Ii I' ij h 11 I' 1'1 \i Ii d . H i ~ :1 1.j I' 1'1 " '1 Ii ,:' , , , ~, ~,~=~~ . -0 " d ~-, ,,-.., , ," ,_-; ',-. ..",.,....-t.~"-~_--'~',_,~ '~_' ,__ ,,;,., o o No. 01-1873 B. Holidays. The following holidays shall be shared on an AlB schedule: Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, New Years Eve. Segment A shall be from 6:00 p.m. the night before the holiday until 2:00 p.m. on the day of the holiday. Segment B shall be from 2:00 p.m. on the holiday until 9:00 a.m. the day after the holiday. In odd-numbered years, Mother shall have Segment A and Father shall have segment B of Memorial Day, Labor Day and Christmas. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B of Easter, Independence Day and Thanksgiving. In even-numbered years, Mother shall have Segment B and Father shall have Segment A of Memorial Day, Labor Day and Christmas; and Mother shall have Segment A and Father shall have Segment B of Easter, Independence Day and Thanksgiving. C. Mother's Day/Father's Day. Mother's Day shall be celebrated with Mother and Father's Day shall be celebrated with Father. The custodial periOd for this holiday shall be from 9:00 a.m. on the day of the holiday until 9:00 a.m. after the day of the holiday. D. Summer. Each parent shall be entitled to two non-consecutive seven-day blocks, to include their custodial weekend, for the purposes of vacation time. The parties shall give each other a minimum of thirty-days notice of their planned vacation time. In the event of a scheduling conflict, the party first giving written notice to the other parent of the scheduled vacation shall be entitled to their choice of vacation time. It is agreed that the Children may be in the custody of either set of grandparents during vacation. 3. It is acknowledged between the parties that they are experienCing serious divisions in their relationship which are, in turn, having an adverse impact on their ability to co-parent the subject minor Children. In furtherance, hereto, the parties have agreed to begin psychological counseling. The purpose of counseling shall be to assist the parties in communicating with each other and to assist them in being better able to co-parent and share decision-making responsibilities related to the custody of their Children. They shall work cooperatively in choosing the counselor to provide this service. BY THE COURT, Dist: /-J /1-. J. Mary Etter Oissinger, Esquire, 400 South State Road, Marysv' ,PA 17053 Robert L O'Brien, Esquire 17 West South Street, Carlisle, P. 17013 ~ ~ 5.11.01 '1"""" \~ '@ /) I , I I I I ;' / - " , J'_, - "I "~'_I_ , "" i .', < ~_,_ ,--'~'-' - , , - <-;, -';'"L 0, - o Mj~Y 0 8 zr~B' ftJ ROBERT J. MARSH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 01-1873 Plaintiff vs. KATHLEEN S. MARSH, CIVIL ACTION - LAW CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Danielle Nicole Marsh Alicia Christine Marsh Erin Robert Marsh December 20, 1988 December 20, 1988 October 21, 1991 Mother Mother Mother 2. A Custody Conciliation Conference was held on May 1, 2001, with the following individuals in attendance: the Father, Robert J. Marsh, and his counsel, Mary Etter Dissinger, Esquire; the Mother, Kathleen S. Marsh, and her counsel, Robert O'Brien, Esquire. 3. The parties have been separated since April of 1996. Since that time, there has been no formal Custody Order. However, they both agree that the status quo is for Father to have physical custody of the minor Children each week on Sunday, Wednesday and Friday evenings from 6:15 p.m. until he returns them to school the following morning. 4. The parties were seen on their first Custody Conciliation on Father's request for additional periods of physical custody with the Children. The parties were able to reach an agreement with regard to vacation but were not able to reach an agreement with regard to Father's request for additional physical custodial time with the Children. 5. Father's position on physical custody is that he should have additional periods of physical custody equating a shared custodial arrangement. He proposes a 4/3/3/4 arrangement which would give each parent alternating weekends and give him an opportunity to have custodial time during the school week thus being available to participate in the Children's education through assisting them with homework. Father presently works until 1 0 p.m. three days per week in his Pizza shop but is willing to hire additional staff so that he can be available to the children if the Order is changed to expand his time. \b '~ '1 .,J ." .,,' , , / / ~',. ,,- ", , ,~",,'" ','-' , '_'., ,_. '-d"~. 'o_;".~_ "" ".., o o No. 01-1873 6. Mother's response to Father's proposal was to offer alternating weekends from Friday around 6:00 p.m. until Sunday at 6:00 p.m. and from 6:00 p.m. Wednesday until the following morning during the week. Additionally, on Father's alternate weekends the Sunday evening return time would be extended until 9:00 p.m. if the following day was not a school day. Mother was opposed to the children having any additional time with Father. Mother believes additional time would be disruptive to the children. She cites concerns that their home work might not be done or that Father might take them to a softball game he is playing rather than spend time attending to the children. 7. An Order reflecting the issues upon which the parties agreed and scheduling a hearing with regard to Father's request for additio ys I custody is attached. iLJ , , "I >,-".--. - "" -<- ",,-~,>-~~-",--""-~"" ~ -.>- "'<lj o o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-1873 CIVIL CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant IN CUSTODY ORDER AND NOW, this IS; day of June, 2001, at the request of counsel for the parties, hearing in the above matter set for July 26,2001, is continued to Wednesday, August 15, 2001, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Mary Etter Dissinger, Esquire For the Plaintiff ~~~,1 J- :rlm t~ ~.O\ DV Robert 1. O'Brien, Esquire For the Defendant \fl~ IJ.Nno ~ I .[' 'J 'V ^'O'I1C; "'1-' ;0. \1 ''-'' ", '~, _L _,--"".,_,'1_ ,- ; ',u _ ~ _ _ '._'~",' , " ';",,,,,," /~ .e-""-""'-"_'<'::' , c o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant No. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of August, 2001, upon consideration of Plaintiff's complaint for custody with respect to the parties' children, Danielle Nicole Marsh (date of birth, December 20, 1988), Alicia Christine Marsh (date of birth, December 20, 1988), and Aaron Robert Marsh (date of birth, October 21, 1991), and following a hearing held on this date which has not yet been completed, the record shall remain open, and a resumption of the hearing for one-half hour is scheduled for Monday, August 20, 2001, at 9:00 a.m. It is noted that the purpose of the resumption of the hearing is to permit the plaintiff to present a final witness in the person of Elaine Rissinger, a counselor at Mazzitti and Sullivan. It is noted further that no exhibits had been identified or admitted in the hearing on today's date. It is noted further that neither party is requesting that the Court speak with the children in this case so that they will not be put under any further stress. 'fb ~~~"I~@l_fi@j~.ilIli1~Ml.i~Iil~:m.~'lff.l1Jiitl!d<!.'~'tE:."di";",~,~!",!;l,.;;j,.0-'l'lI!@;W1lt~~Wi~lIil!i. '-',- iIIMlr"-"""'" ~ -"~ tlj-......- f~~\ ~""; o VIN'vi\lASNN3d "N1nn') n~:',/1,-,:::qi^'n" N. ~'-, \.._ . I __,\. ,i ~ V i'iS : lJ\,.!V '31 51W 10 ;\U11C';>~"~;. --.l.'. "" :JO 3~;:~;::(:1' ~.~ , '"~ ~_ ,,~ '"'"U. , ~ ,,-.. J' , ? " I' I " c i r .' ,., ~; ~ r I, i! ~ r, I ~\ ! I i , ! I' I I I L , , I i , I " ~~m=_<. ~-, ",,~ ,. ~ o Mary A. Etter Dissinger, Esquir 28 North 32nd Street Camp Hill, PA 17011 For the Plaintiff Robert L. O'Brien, Esquire 27 West South Street Carlisle, PA 17013 For the Defendant wcy .' , - ~- ,',- , , '\".'-1"," ,,,,,,~ . By the Court, fi;~ J Wesley 01 - ~~ 'i~/1,.0/ " '-"0;;';',1-'> ,', 'OJ';'-" '--'-"rn 1) \1 f,. ( :>- cr: <( L:I_:~? ~._) ;-'-; G::'':; ~) ~::~ C:', ': L,q'--'- C'~_ ~', '. '-'.. -I"""'='<" , H '''' '. ._,_.;~," ,,,,"" ,_,' C', ~,.~, o o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 2t.st day of August, 2001, upon consideration of Plaintiffs complaint for custody with respect to the parties' children, Danielle Nicole Marsh (d.o.b. December 20, 1988), Alicia Christine Marsh (d.o.b. December 20, 1988), and Aaron Robert Marsh (d.o.b. October 21, 1991), and following a hearing held on August 15, 2001, and August 20,2001, it is ordered and directed as follows: I.... u.. (00", -~ l,n ..;j c~ 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Defendant (the mother). 3. Temporary or partial physical custody of the children shall be in Plaintiff (the father) at the following times: a. During the school year, (1) On alternating weekends from Friday at 7:00 p.m. until commencement of school on the following Monday morning; provided, that where such Monday is a federal holiday, the period of temporary or partial physical custody shall extend to Monday evening at 7:00 p.m. (2) From Wednesday at 7:00 p.m. until Thursday at 7;00 p.m., on alternating weeks. b. During the summer, for alternating two-week periods, commencing with the end of school and concluding with the resumption of school. 4. Notwithstanding the foregoing, custody of the children shall be in Defendant (the mother) on Thanksgiving Day until 3:00 p.m. c~..! S? ~ ?-: 7 ~- ~-~<( ~~~ ()=:3 :.~;~ fu , -]~?: LCZ !_UIU q)6- ~- -'" ~.J () <::> ;;0 1 - . ~-""-- - - '.-.' ~'""=,'~ - -- .,=--'W "'. ,~"~,,,'--~-.'~"~_-<,<"""'__Y._'_ eo~_I_'_' . o o and in Plaintiff (the father) from 3:00 on Thanksgiving Day until 7:00 p.m. on the following Sunday; and custody of the children shall be in Defendant (the mother) on Christmas Day until 3:00 p.m. and in Plaintiff (the father) from 3:00 p.m. on Christmas Day until 7:00 p.m. on December 30. 5. Nothing herein in intended to prohibit the parties from deviating from the terms of this agreement by mutual consent. 6. All prior custody orders are vacated. BY THE COURT, Mary A. Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff y Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc d\ , I'~ ~ 'd o o ROBERT J. MARSH, Plaintiff , p' ',~ '. '.~.~' ';";,'-"'" .'.< ~ -'1--_ '~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant No. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2001, upon consideration of the complaint for custody in the above-captioned matter, and following a second period of hearing, the record is declared closed, and the matter is taken under advisement. By the Court, Karen L. Koenigsberg, Esquire For the Plaintiff J. Robert L. O'Brien, Esquire For the Defendant ~? ~J'fu~ t{ .~I\)' ~~ wcy J. o ~ -uD~ rnfl: z::;: zc- (J)L'. -<.-,c r:rj )">- -/G- ~(.) Pc: 7" :::2 C":' ~~ ':/-:J {,) .r:' ~~ -"--1 c- \0 --;. !-.~! '::--1 ~. :D -< }o- o . o , .. ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM REQUEST FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Respectfully submitted, DISSINGER AND DISSINGER By: ~:M ()~ Mary A~ter Dissinger, ESqU~ Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 I :j -;)) o ... o . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that I am this day serving the foregoing document upon the persons named below by First Class United States Mail, which service satisfies the requirements of Pa. R.C.P. 121: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Robert L. O'Brien, Esquire 17 West South street Carlisle, PA 17013 Richard J. Pierce Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 , , Date: 71/ q/rJ I C- ~ -nQ~ /l~' -- Mary A. TEtter Dissinger, quire I' 1 ~ d II ",; ^';"_'_r:,'Lh"';W'M,'S>'JJ#"",""",;f4!!.;gr.;"..c..w~~'.'" ,~' il!1ltii"~ l'Tf~ ~!l. !lfW"- o g <::) 0 -n S if) '''~ -0 0:; r1 i--E~ rprn -u .L-::C -e23 Zj." (j) d;:'~ (:P -::U, -<:/ C1,.i., -- ~-1~' r:F'-1 ;,..-,-.' -0 ~~-:-1 ~CJ -' ~..\-... >;;::C) -:0 !)? t5fr1 :r>c -'-' --/ -.,.. -'- r- :q -! ~ -< .~ -<. ,=~ I. _A' ." ".' .'" "-~ .." l'" .~ --~ . ",'~ ,- , , ."" ,. ,~ --~~ o . o . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that Robert J. Marsh, Plaintiff, appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 21th day of August, 2001. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully Submitted, DISSINGER AND DISSINGER ~, By: ~~{)~~9<r Mary A. Etter Dissinger, squire Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 if\9 PYS510 . , 2001-01873 , , ~"L. -, ,'~> ,- .d,,,, ~ , "'J Cumbe~.. ~d.County Prot~onotary's ~fice '-iiP' vll Case J;nqulry W MARSH ROBERT J (vs) MARSH KATHLEEN S Page 1 Reference No. . : Case Type.....: COMPLAINT - CUSTODY Judgment....... .00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- 3/30/2001 8:19 0/00/0000 0/00/0000 Filed........: Time......... : Execution Date Jury Trial. . . . D~sposed Date. Hlgher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info MARSH ROBET J 360 STATE ROAD GARDNERS PA 17324 MARSH KATHLEEN S 11 SOUTH RIDGE ROAD BOILING SPRINGS PA 17007 PLAINTIFF DISSINGER MARY A ETTER DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** 3/30/2001 4/05/2001 4/06/2001 4/24/2001 5/10/2001 6/22/2001 8/16/2001 8/21/2001 8/24/2001 FIRST ENTRY COMPLAINT - CUSTODY AFFIDAVIT OF MAILING FOR COMPLAINT IN CUSTODY - BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 4/5/01 - IN RE CUSTODY COMPLAINT - PREHEARING CUSTODY CONFERENCE 5/1/01 11 AM @ 214 SENATE AVENUE SUITE 105 CAMP HILL - B~ MELISSA P GREEVY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 4/6/01 ------------------------------------------------------------------- CERTIFICATE OF SERVICE - MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 5./10/01 - HEARING 7/26/01 9:30 AM CR 4 - BY KEVIN A HESS J - COPIES ;MAILED 5/11/01 ------------------------------------------------------------------- ORDER - DATED 6/15/01 - AT THE REQUEST OF COUNSEL FOR THE PARTIES HEARING IN THE ABOVE MATTER SET FOR JULY 26 2001 IS CONTINUED TO 8/15/01 AT 9:00 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED 6/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/15/01 - IN RE PLFFS COMPI,AINT FOR CUSTODY - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/16/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/21/01 - LEGAL CUSTODY OF THE CHILDREN SHALL BE SHARED BY THE PARTIES - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/20/01 - UPON CONSIDERATION OF THE COMPLAINT FOR CUSTODY IN THE ABOVE CAPTIONED MATER AND FOLLOWING A SECOND PERIOD OF HEARING THE RECORDED CLOSES AND THE MATTER IS TAKEN UNDER ADVISEMENT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/24/01 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits BeG Bal Pvmts/Adl End Bal * *****************************************~************************************** 85.00 85.00 .00 .50 .50 .00 5.00 5.00 .00 4.00 4.00 .00 1.00 1.00 .00 5.00 5.00 .00 ------------------------ ------------ 100.50 100. 50 "?~y FROM HEC,ORO ***************************************************l6~~*~**~*r~**rnw~*~t~t* * End of Case Information In TestImooy wll6r....... II U "'y * and the seal of said CGUrt II '~. Pi. fl1~ J'i? ~ _ ~(\~Z>< -:;: ; ~~ .. - 7/41<L-- ~.;:/;;~0\ CUSTODY AGMT TAX ON AGMT SETTLEMENT CUSTODY FEE CUSTODY FEE-CO JCP FEE . A. '-' . o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that I am this day serving the foregoing document upon the persons named below by First Class United States Mail, which service satisfies the requirements of Pa. R.C.P. 121: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Robert L. O'Brien, EsqUire 17 West South Street Carlisle, PA 17013 Richard J. Pierce Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Date: t//X/rl/ ~A:J' -~ Mary ~. Etter DiSSinger~ESq~ire )<<0 ,~~~,~1W100~~..J;i;<Jt-!II,i,t,J,;~.ii!iliOl~ti:;,"'im'i't'h~'LC';"i-' ~.I~_~< - ~, ,~~. _,_~" '.-_-__"',,;,U:,'j"',""'.o;;0',i''''e'''''~,AAM;j/j~1HIUlii~~~!_Uj1li~0!I_._ Ajj!ll;', ~ ."." ~ . ,~"' w _ _, . ,,,",, ~W' 0 0 0 c " ~ :s::: U) ~ -000 J"T1 F~~ , ~ mrr -0 ;-:::::1.) ~;JE . ZC.' ~ ~:Z c:> ~ r:: ('J -0 =#.~ PC' ::x 0 -a 60 ~ Pc c5rn ~ z .,.. s;; .., ~ ........ -< -...... W " ~ ~ ~ \::l. "" ,,.....,..1 ~, -~ , . ,~. ~-~ ,~ . , I ~ 'uJ >, " '~ ,~-- '= " ... :" o " ROBERT J. MARSH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. KATHLEEN S. MARSH DEFENDANT 01-1873 CIVILACTIONLAW IN CUSTODY ORDER OF COURT AND NOW, Monday, September 24, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenne, Suite 105, Camp Hill, PA 17011 on Tnesday, October 09, 2001 at 11:00 a.m. for a Pre-Hellring 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq.M Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TInS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 3D H~~~~~It;;+*I\1;ti,~m.~$i\;~;Oi!l;'i~WK",;k~"k"-:' ,."-_~.:",-_,;,.",;""_i:l,{'''-'li"",,,,,,*:~a,",~'''~iMIllIlli_~~.' ~'""~ '~~=''''''''Iu'-''<'''''''~-WlllI c ~P$~~ ~&? ~? J!, ~ ~#; )(/',7-& ~- ~.$' ~W" ~t?-rJ /(?~6 IO.yt"-f; , ViNVAlASNN3d JJNrrY1 n.t'-,,\'~ql'lr'" . , "'e"",' ".': " 1.' -~..:-"-'t:fV'i k) ,., '11"'f ......,;; 1--:<;' \ L ',. :.t '; (., U.:JV i 0 """.~~---~-,~~ .J. _._ _, ..,_~ . -~" -". -" - ~-- I.." ~ ",_~".,.c.,.,_~",..~=__~ o__"."_.,,~_ ~ ~ "~ ~,,"~ . ~, _!.==. j.j fr.::i I 1':1 ,-' L! I' e,' Iii 1'; , ~I Pi if: i" H I~' i'l "~I I',ti 'I II' ~ ., [i !I \1 ! , i .- 0 0 , ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action wi thin twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 '-:;~o~ Mary A. Etter Dissinger, quire Attorney for Plaintiff 3d- II ~ O. '---- 0'.... 'j-.. " , ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM PETITION TO MODIFY CUSTODY 1. Plaintiff is Robert J. Marsh, Father residing at 360 Old State Road, Gardners, Pennsylvania. of the children, Cumberland County, 2. Defendant is Kathleen S. Marsh, Mother of the children, residing at 11 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Pursuant to a Court Order dated August 21, 2001, (Exhibit "A") custody of the minor children, Danielle Marsh, Alicia Marsh, and Aaron Marsh, was awarded as follows: A. Joint legal custody to both parties. B. Primary physical custody was granted to Mother, with periods of temporary physical custody granted to Father by Order of Court dated August 21, 2001. (See copy of Order attached as Exhibit "A") 4. Pla.intiff, Robert J. Marsh, seeks to modify the current custody arrangement because: A. Testimony from the children was not considered in making the current custody order; 33 it o o " , B. The Order as written provides for less visitation to Father than had been granted in previous years; C. The children are very unhappy with the current arrangement and wish to spend more time with their father; D. The children are of appropriate age to have their opinion considered by the Court; E. A joint custody arrangement is workable under the circumstances of this particular case; and F. It is in the best interest of the children to have more frequent contact with Father. WHEREFORE, Plaintiff requests the Court to modify custody of the children to revert back to the 2001 summer custody schedule where the parties had custody as follows: Father - Friday morning to Sunday evening; Mother - Sunday evening to Wednesday morning; Father - Wednesday morning to Friday morning; Mother - Friday morning to Sunday evening; Father - Sunday evening to Wednesday morning; Mother - Wednesday morning to Friday morning. Respectfully Submitted: DISSINGER AND DISSINGER BY:~-8Q~ Mary A. tter Dissiner, quire Attorney for Plaintiff Supreme Court 1.0. #27736 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 3~ 11 ;_.-', , o '. A "" VERIFICATION I, Robert J. Marsh, verify that the statements made in the Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. J. Marsh, Plaintiff 30 II ',', 1'1 .1 ~' -", - ~ -. ,- .t '~;: 01 . . o " ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 2l;;t day of August, 2001, upon consideration of Plaintiffs complaint for custody with respect to the parties' children, Danielle Nicole Marsh (d.o.b. December 20, 1988), Alicia Christine Marsh (d.o.b. December 20, 1988), and Aaron Robert Marsh (d.o.b. October 21, 1991), and following a hearing held on August 15, '. 2001, and August 20, 2001, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. . 2. Primary physical custody of the children shall be in Defendant (the mother). 3. Temporary or partial physical custody of the children shall be in Plaintiff (the father) at the following times: a, During the school year, (1) On alternating weekends from Friday at 7:00 p.m. until commencement of school on the following Monday morning; provided, that where such Monday is a federal holiday, the period of temporary or partial physical custody shall extend to Monday evening at 7:00 p.m. (2) From Wednesday at 7:00 p,m. until Thursday at 7:00 p.m., on alternating weeks. b. During the summer, for alternating two-week periods, commencing with the end of school and concluding with the resumption of school. 4. Notwithstanding the foregoing, custody of the children shall be in Defendant (the mother) on Thanksgiving Day until 3:00 p.m, . EXHIBIT ~ jl "A" 3\0 .;:........~ I_I ,,"I-~ , O'i cr . , and in Plaintiff (the father) from 3 :00 on Thanksgiving Day until 7:00 p:m. on the following SUnciay; and custody of the children shall be in Defendant (the mother) on Christmas Day until 3:00 p,m, and in Plaintiff (the father) from 3:00 p.m, on Christmas Day until 7:00 p,m, on December 30. 5, Nothing herein in intended to prohibit the parties from deviating from the terms of this agreement by mutual consent 6. All prior custody orders are vacated. BY THE COURT, I /7(L [I/~O . esley 01\10 ., J, L/' E' ar 'A. Dissinger, Esq. 1. . 32nd Street amp Hill, PA 17011 Attorney for Plaintiff . Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc .' .' "'~' ~---,' ',-; ;(jl '. '. 31 ~ '. ~ " .~ ,,- - IiIi: c . . " o ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the Petition to Modify Custody upon the attorney for Defendant, Kathleen S. Marsh, by First Class United States mail addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Date: r 1/ 2> / () I , I ~ OL~ _ Mary ~tter Dissinger, Esquire ! I ! 34, il ~E~J:""Ili')b,1;i;ii".)~~@;:,..~;.lt,tkiiolJ.:E""~.;J[M,:Jl!;j1rl10:1t"%""""-,,,,"l"d'," ","",~.,,,,~ -'i"":""',,,;j-,I~_;;otUl,iOil;;l,j~:P""""'''"'''''"'''-f;ii~~Wll'~Ili.J!1Mil1l01!ilE6l!!l!1lU !II ___ ~.~.'. ""-II ~."~ 0 0 C C <"1 <'"' V> ....-1 --0 (a n; ~ ~ ~ fTlrr "0 '--, ~;!J z::r:'i -,',ts 6JS;: OJ ~:, ' ..... , -<:2: '.'-~() ~ !<o "1:) -:<::;.; ):::.,......... :Jt ::::::: ~ ZC, "~:)C) )>8 1";-:> ;:~rYl ~ =1 ~ ;::,;: ..... )> ~ =<! ::rJ ~ '- <1' -< ~ ~ -".,~ . _. _^~,.~L=~ __ ,~ ._ "_-';,~' ~,c." ,. ,,,,", h ~ ~ -"~'- ^~,.. ~, ~. ql ~_ ,~ - .- ",., '_""'"~ _"~'~.'"'>"' ..,.,"~,,~rJ2i - - ~- ~~_ "" L, ~ _~, ",.. ~ 4:22 P.M." ~ k I I I~ "."'." "i~< "--' o 01- tn3 o Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 1498 MDA 2001 Page 1 of 2 September 20, 2001 - Robert J. Marsh, Appellant v. Kathleen S. Marsh . Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: September 20, 2001 Journal Number: Case Category: Domestic Relations Consolidated Docket Nos.: Awaiting Original Record CaseType: Related Docket Nos.: CustodyNisitation Next Event Type: Docketing Statement Received Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: October 4, 2001 Next Event Due Date: October 30, 2001 Appellant ProSe: IFP Status: Appellee ProSe: IFP Status: COUNSEL INFORMATION Marsh, Robert J. Appoint Counsel Status: , No Appellant Attorney Information: Attorney: Dissinger, Mary A. Etter Bar No.: 27736 Law Firm: Dissinger & Dissinger Address: 28 North Thirty-Second Street Camp Hill, PA 17011 Phone No.: (717)975'2840 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Marsh, Kathleen S. Appoint Counsel Status: Appellee Attorney Information: Attorney: O'Brien, Robert L Bar No.: 28351 Law Firm: O'Brien, Baric & Scherer Address: O'Brien Baric & Scherer 17 W. South Street Carlisle, PA 17013 Phone No.: (717)249-6873 Fax No.: (717)249-5755 Receive Mail: Yes E-Mail Address: Receive E.Mail: No 9/20101 3023 ~b , '" - ~ I. LI I I .~~ ~ " '" """ -'~, ~ - h~"'''f . c 4:22 P.M. o o Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 1498 MDA 2001 Page 2 of 2 September 20, 2001 '* FEE INFORMATION Fee Date Fee Name 2001-09-20 00:00:00.000 Fee Amt 55.00 Paid Amount 55.00 Receipt Number 2001 SPRMD000964 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Date of Order Appealed From: August 21, 2001 Date Documents Received: September 19, 2001 Order Type: Order Entered Division: Civil Judicial District: 9 Date Notice of Appeal Filed: September 18, 2001 OTN: Judge: Oler, J. Wesley Judge Lower Court Docket No.: 01-1873 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS Filed Date. DOCKET ENTRIES Docket Entry/Document Name Party Type Filed By September 20, 2001 Notice of Appeal Filed Appellant Marsh, Robert J. September 20, 2001 Docketing Statement Exited (Domestic Relations) Middle District Filing Office 9120/01 3023 \.{\ h;i!)fi~'H2",<iilli.';i'h1t'):!;~I1i!h1k-,-.'f"'r:06Mflil:'Wj,j(;f~"';;'1\H:~1!t",,d".:'J'-,,<'" ''')',ill'-;!.';: "-"~""_.#.!"":G1ii"1'lA1~<Iiil~iIlI ,.".,. ".,' _.,=, -' - iiU_lf~j'~'"-' ,~" !ljdl,~P.l -'c~ Wi '",V. I ~"- ~~ j.i,rtil_~~'" -".-J!M ' ,~ "1.1:; 0 0 () C -n s: el) -0 CD r1i n~lrr -0 . F;:; -/'-n <<-.-- rv i\~:' ~~ - ( , ~C~ ~C' " :P'c \-;"7 -"'" ;;:~ ~;~ ;Z:,-< $c r;? ~ ,-. 2':, '.v 5:J -< r" '-< o ROBERT J. MARSH, Appellant v. KATHLEEN S. MARSH, Appellee L I, ..e -" c ,,,,-'I --' t.'~k\. _'. :... " , o IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTi, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of September, 2001, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. RAP. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Matters Complained of on Appeal no later than 14 days after entry of this Order. Mary A. Etter Dissinger, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Appellant Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Appellee :rc BY THE COURT, 0- C' s:;'; $- (/) ~ g"~ ~~ z-', zt';. f...,) ~3L- tJi kC--' )> --0 ..c...c' ;Pc ~ ~~O\ V~ -c ~,,~, ~ o (.J 6--d,"_ - -'-;;tu .:,'-, 1'1 . "':-1 '~E; ~~ -'\ ~~ :n -< 1,\"> ~" ~ ~ ~ " u "" <"",,,",-L , ' .-, o .'" ';", ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant No. 01-1873 CIVIL TERM IN RE: CUSTODY Proceedings held before the Honorable J. WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on August 15, 2001, commencing at 9:16 a.m. in Courtroom No. 1 and on August 20, 2001, commencing at 9:00 a.m. in chambers. APPEARANCES: Mary A. Etter Dissinger, Esquire Karen L. Koenigsberg, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant ~ -- <;;.- I ...;..3 ij~~.i~~r~m~"H';':"",'d_-"'l'1~"V"",1:"",ji'i~~~illll!~lli~ - JJ~~": " W ~ ^-~ "~ Ilth =~'-1""'" "'-'- Jt!I_li.U-11 \'""'\"'\' I '8\jI\Q,.I .fn,\/j ,^, 1"._''"'' , I(''''--'--~' r-' n..J<>" 1-'0"1"') !\ i 'I \ - II ,( l .\, i 1'< ,~ . J Ii ',t (.... <'...1- '~, I'..'" ,': - '... ",. , - '. "1 "'I :""-. ',- !,:'-' W ,~. ~i,! t i ~ g;::~d3S\G ~J_o~. ~~~ - o ""_ c'-"".~-l ---, ,'--~-- " 1'1 r, ii I, I -- " ;~~ - ,-" ," ,j ,J_J,I "' ,,' -, "'-"~i;i-, o o I N D E X TOW I T N E SSE S FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Robert Marsh 7 18 28 Rebecca Metzger 63 66 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Kathleen Marsh 31 50 Elaine Rissinger 71 78 81,85 84 I N D EX TO E X H I BIT FOR THE PLAINTIFF MARKED ADMITTED No. 1 - report of Dr. Rissinger 78 82 FOR THE DEFENDANT None I 2 "~ ~ ~ i,I.-__ ,- ,Ie ; , ' _I c o 1 2 3 August 15, 2001 Courtroom No. 1 9:16 a.m. 4 THE COURT: This is the time and place for a 5 hearing in the custody matter of Marsh v. Marsh at No. 6 01-1873 CIVIL TERM. We will let the record indicate that 7 the Plaintiff, Robert J. Marsh, is present in court with 8 his counsel, Mary A. Etter Dissinger, Esquire. The 9 Defendant is present in court with her counsel, Robert L. 10 O'Brien, Esquire. 11 The Court had requested of counsel certain 12 stipulations, if they were able to enter into them, with 13 regard to some of the background in the case. Ms. Etter 14 Dissinger or Mr. O'Brien, have counsel been able to 15 stipulate to any of those matters? 16 MR. O'BRIEN: We're just filling out the 17 forms now, Your Honor. 18 THE COURT: They don't need to be filled out 19 as long as you can put on the record the information. 20 MS. ETTER DISSINGER: We hadn't discussed 21 them, but I think we can put that information on the record 22 23 right now. MR. O'BRIEN: Well, I can't put it on the 24 record until it's on the form. 25 THE COURT: All right. Do you want me to 3 J - ,~ ....L . " ~LI , 1 ~~, , , ,I .,= ~'---"'-'-.;'.,-!.; o o 1 take a brief recess to do that? 2 3 4 MR. O'BRIEN: Unless my client can put it on the record. THE COURT: Well, let's have it dictated by 5 one of the counsel. We'll take a couple minutes recess. 6 (Whereupon, a recess was taken at 9:18 a.m. 7 and proceedings reconvened at 9:25 a.m.) 8 THE COURT: Ms. Etter Dissinger. 9 MS. ETTER DISSINGER: With regard to the 10 stipulations, the parties' names are Robert J. Marsh and 11 Kathleen S. Marsh. Mr. Marsh is 40 years of age. His date 12 of birth is March 23, 1961. He resides at 360 Old State 13 Road, Gardners, Pennsylvania. And his occupation is that 14 of restaurateur. He owns a restaurant. 15 With regard to Ms. Marsh, Kathleen S. 16 Marsh, she is 39. She resides at 11 South Ridge Road in 17 Boiling Springs, pennsylvania. She is 39 years of age, and 18 her date of birth is August 19, 1961. She is a registered 19 nurse. 20 The parties were married on October 4, 1986. 21 They separated sometime in April of 1997. They were 22 divorced in October of 1998. The children born of Mr. and 23 Mrs. Marsh are Danielle, D-a-n-i-e-l-l-e, Nicole, 24 N-i-c-o-l-e, Marsh. She was born December 20, 1988, and 25 she is 12 years old. Her twin sister, Alicia, A-l-i-c-i-a, 4 \.\\9 I ~~ k , " I I L. ~ 0 0 1 Christine, C-h-r"i-s-t-i-n-e, Marsh has the same birth 2 date, December 20 of 1988, and she is also 12. They have a 3 younger brother, Aaron, A-a-r-o-n, Robert Marsh. He was 4 born October 21, 1991, and he is nine years of age. All of 5 the children are in school. There are no other children to 6 either of the parties. 7 The present custody arrangement is pursuant 8 in part to an order dated May 10 of this year. Under that 9 order, the parties share legal custody. The order does not 10 address physical custody. The order also has a holiday 11 arrangement. That schedule is that the parties will do a 12 split of each holiday by dividing each holiday into two 13 blocks, block A and block B. Block A consists of 6 p.m. 14 the night before the holiday to 2 p.m. the day of the 15 holiday. Block B then is 2 p.m. the day of the holiday 16 until 9:00 a.m. the day following the holiday. The 17 holidays that will be included with that A/B Block are 18 Easter, Memorial Day, Independence Day, Labor Day, 19 Thanksgiving, Christmas, and New Year's Eve. 20 THE COURT: This is all contained in the 21 Order of Court, I assume? 22 MS. ETTER DISSINGER: That is correct. 23 THE COURT: All right. And prior to that 24 order, what arrangement had the parties been working under? 25 MS. ETTER DISSINGER: I don't know that for 5 ~ L , 1,1 ,/:,,,,,,,,1 I,"JL;.__,,; - '-~ c . 1 purposes of the stipulation. 2 MR. O'BRIEN: There was not an order. The 3 parties had worked this out over the years, but it was 4 Sunday from 6 p.m. to Monday morning at 9:00 a.m., or 5 earlier if the children had to be to school; Wednesday from 6 6 p.m., the same arrangement until Thursday morning; and 7 Friday from 6 p.m. to Saturday morning. Those were the 8 days with the father. A11 other days were with the mother. 9 THE COURT: Ms. Dissinger, are you able to 10 stipulate to all of the facts that you recited and those 11 that Mr. O'Brien recited? 12 MS. ETTER DISSINGER: Yes, I am. 13 THE COURT: All right. And Mr. O'Brien, are 14 you also able to stipulate to all those facts? 15 MR. O'BRIEN: Yes, I am, Your Honor. 16 THE COURT: All right. We will consider 17 those stipulated to. The Court has set aside the morning 18 for the hearing. Each side will have an hour and 15 19 minutes for its presentation, including cross examination 20 and rebuttal testimony. Ms. Etter Dissinger. 21 MS. ETTER DISSINGER: Your Honor, before we 22 start, I would just like to say that the order of May 10th 23 of this year also has provisions for the parties regarding 24 Mother's Day, Father's Day, and summer. 25 THE COURT: All right. 6 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 _' I I '. ,I 1 0 0 .,---" --'- '-",",~ MS. ETTER DISSINGER: I will call Robert Marsh. Whereupon, ROBERT JOHN MARSH having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. ETTER DISSINGER: Q Would you state your name for the record? A Robert John Marsh. Q A Q A Q Where do you live? 360 Old State Road, Gardners, PA. Who lives with you? My children. And you heard the stipulation with regard to 15 the children's names and ages, etc. Is everything we 16 stipulated to correct? 17 A Everything is correct. 18 19 20 21 22 23 24 25 Q Okay. Where are you employed? A I work at Fox's Pizza, 1900 Spring Road, Carlisle. I work and own. Q Work and own? A Yes. Q Where is Fox's Pizza? A 1900 Spring Road, Carlisle. Q How long have you been so employed as an 7 v\q ~- 1,[ ~ "~ t__J ,I, o .' . " 1 owner? 2 A A little over five years. 3 Q Can you tell us from the time of separation 4 a brief history of how custody was handled between you and 5 Kathleen Marsh? 6 A Since separation, I think initially I need 7 to say, I've never been happy with the way custody has 8 been. How it has been stipulated earlier, Sunday, 9 Wednesday, and Friday evenings, around 6:15 until the 10 following morning, about 9:00 a.m., is when I would visit 11 with the children. That was pretty much the arrangement 12 we've had. 13 How did you arrive at that arrangement? Q 14 Initially, we didn't have that arrangement, A 15 and we were trying to on a weekly basis arrange times for 16 me to see the children. In my judgment, it was not being 17 fairly distributed. For instance, if I wanted to see them 18 one day, I had to pay something to see them as far as time 19 goes. 20 And it was a bitter back and forth 21 bargaining between my ex-wife and I. And as a result of 22 that, I kind of decided that this is what I'll do, I'll 23 take Sunday, Wednesday, and Friday for now. And that's 24 what I arranged at. Along with that, I need to add, as I 25 had already said, I have never been happy with the 8 ~ <.... II " 1_--_. L~ "'-- "-'iI!.1i\ o o 1 arrangement. 2 And at least three times after separation, 3 I've offered to switch places with Kathy as far as the 4 arrangement goes. I would take the children, and I would 5 take the house, and just switch because I was never happy 6 with it. Additionally, I also at one point offered to pay 7 her whatever amount, and I'll just take over the children, 8 take over the house. Of course, they were both denied. 9 Q Okay. So this arrangement that you had 10 where you had the kids certain evenings has pretty much 11 been in place since shortly after separation then? 12 13 A Q I'd say, that's fair. Now this arrangement changed recently, is 14 that correct? 15 16 17 18 19 20 21 22 A Q A Yes. How recently? We had our conference. The conference was May 1st, if memory serves me. May 10th, I believe, is when the order from the conciliator came out, and shortly after that time that Kathy agreed to 3/4, 4/3 split over the summer. Q And when you say 3/4, 4/3, tell me how it 23 works now? 24 A One week, I have them four days. The 25 other-- the next week, I have them three days. Every other 9 ~, _"O~ -0" 1--1 " ,,;1 " ' '~i!i:j[lil:' o o 1 weekend is alternating. It would run from-- I'm trying to 2 do this from memory-- Friday morning, I would get them at 3 9:00, and then they would be returned to Kathy at 6:00 4 Sunday night. And then I would have them Wednesday morning 5 until Friday morning, and then it-- the cycle would 6 reverse. I believe that's what it is. 7 Q Okay. Now why did you-- you got along since 8 1996 until this year without having to file for the Court's 9 assistance with regard to custody. What made you decide 10 you needed the Court's assistance at this point? 11 A Well, many things. The overriding factor 12 was, my children were asking for more time with me. Like I 13 said, I've never been happy with this arrangement. And 14 after the divorce and after the separation, what I tried to 15 do was, do what is best for the children. If I would have 16 started to pursue the issues that were out there, I was 17 worried with what it would do to the children. 18 I've read a lot of things, and I've been-- 19 talked to a lot of people, and there's no way a divorce 20 does not effect the children. There's no way. My concern 21 was, if I would push the adultery issue that I had 22 concerning Kathy, how was this going to effect the kids? I 23 decided not to push that for the kids' sake. I figured, 24 with a passage of time, with the completion of her pursuit 25 of her boyfriend, things would open up for me as far as 10 fi .. ~ II . - ~'Z', ;' - .I - "-~ o 0,' ,<' 1 visiting my children. 2 I decided, as a father, to take that because 3 I didn't want them caught in the cross-fire of the back and 4 forth. About September of last year, I closed the 5 restaurant on Sundays. One of the overriding reasons was 6 to be with my children. I pursued trying to be with them 7 more through calling Kathy, writing letters, trying to get 8 some more time with them, to no avail. Along the same 9 time, the children started asking me for more time with me 10 and my side of the family. 11 I decided, as a father, after listening to 12 them, that this is now the time to do this. This is now 13 the time to pursue more time with my children. I think 14 they're ready-- I know they're ready for that. I know they 15 want that. And that's what changed my mind. That's what 16 changed the process. That's what changed what I want to 17 do. 18 Q Now at the custody conference, did you and 19 Kathleen agree to go see a counselor to help the two of you 20 communicate about the children? 21 A Yes, we did. We agreed, and Kathy chose the 22 counselor, and we went with her counselor. 23 Q And was that Elaine Rissinger with Mazzitti 24 and Sullivan? 25 A That's correct. 11 {5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '. L,___" -~,,;, II I, 1 ~ , ", c o Q And as a result of your meetings with her-- with Kathy and with Mazzitti and Sullivan's counselor, what recommendation came out of that? A The recommendation was that the children do want to be with me more. The counselor recommends that the schedule stays the way it is. MR. O'BRIEN: Objection, Your Honor. This is getting into hearsay, and as we indicated, we have a report. We just need an opportunity to have the counselor explain it. THE COURT: Ms. Etter Dissinger. MS. ETTER DISSINGER: I thought-- the question I intended to ask was, when you went to counseling initially right after the custody conference, did she make a recommendation that led to the current custodial arrangement of 4/3, 3/4? THE WITNESS: Yes, she made a recommendation 18 as far as the trial visitation or whatever you want to call 19 it. 20 THE COURT: Mr. O'Brien, do you still have 21 an objection? 22 MR. O'BRIEN: To the schedule they've been 23 working through the summer? 24 25 THE COURT: To the question and the answer. MR. O'BRIEN: Not to that question or that 12 st-\ "',~ LJ L- .l,,,",--,, .' I "--~'v. " o A,.. "" 1 answer. 2 THE COURT: Okay. 3 BY MS. ETTER DISSINGER: 4 Q Do you think it's more beneficial for you to 5 spend this kind of time with your children half the time? 6 A Absolutely. I think it's more beneficial to 7 the children, which is the overriding factor. 8 Tell me what goes on in your household Q 9 between you and the children on a regular basis then? 10 Normal everyday life things. Small things. A 11 Wiffle ball games. They have chores. Just daily 12 interactions. 13 Now when you say chores, what kind of things Q 14 do you require your children to do? 15 A We've-- I gave them a list of, I think it 16 was six chores. And I gave it to the three of them and 17 told them they had to choose two each and let them decide 18 what they wanted to do. Dusting, doing the dishes, getting 19 the mail, a few other things along those lines, just small 20 things, responsibility teachers basically. 21 On an average day, do your kids get Q 22 breakfast, lunch and dinner? 23 Absolutely. A 24 What else do you do with the kids through Q 25 the day? 13 ,~~ ,-'. II " 1-, -,- _ ,,-"__ ~o-_i;'~ ,I o o 1 A What else do I do throughout the day? We go 2 swimming. Throughout the summer, of course, we've gone 3 swimming. We have projects around the house we work on. 4 We visit my parents. We visit my sister. We visit the 5 family on that side. Those types of things. 6 Since you changed the schedule to the Q 7 current 4/3, 3/4, have you seen any changes in your 8 children? 9 Absolutely. I see them more, to begin with. A 10 What changes have you noticed in the Q 11 children? 12 A They seem happier. They seem more complete. 13 I get to see the small things. I get to do the small 14 things with them that I frankly didn't have time with 15 before. I see them reacting to some of the things I'm 16 trying to give, the responsibility, the fact that I'm just 17 there. They react to just me being there for them as their 18 father. And it doesn't get any more important than that. 19 Q Do you know how to administer medication if 20 your children are sick? 21 A Sure. 22 Q Do you have the standard over-the-counter 23 medications in your home now? 24 A Yes, I do. 25 Q When we were at the custody conference, 14 ~[p -'-'..........~l Ll -- . I J--''"''~E ,',:u..-I ",:,:1 ,--- 0..,'.'.', ; -' .' " 1 there was a concern voiced by Kathleen that you took the 2 kids to softball games with you when you participated and 3 played softball. Do you recall that? 4 Yes, I do. A 5 Q Did you at the time think it was appropriate 6 that your children should go to softball games and watch 7 you participate in softball? 8 A Yes, I felt that was appropriate. 9 Q Why did you think that was appropriate? 10 They get to see their dad doing something A 11 that he enjoys. They are very involved with sports. They 12 play soccer and baseball and football, etc. And as a role 13 model as a father, why can't I just show them how I do it? 14 Q As a'result of that custody conference and 15 Kathy's complaints about you taking them to softball where 16 you played, what did you do? 17 A I quit softball. 18 Q Why? 19 A In order to try to placate her to get this 20 situation solved. 21 Q If the children were to live with you on a 22 4/3, 3/4 basis, would you continue to try to placate Kathy, 23 as you say? 24 A I guess it depends on specifically what 25 you're talking about. I do not want to in any way take the 15 {J .....J II '",,..;.,- ,'~ ~-'- "(ji:%' o ..'", 11# 1 children away from their mother. I do not-- I think it's 2 important. They need both parents equally, and I am not 3 here to try to take that spear of influence away from them. 4 They need their mother. They need their mother's family. 5 But equally, they need their father. They need their 6 father's family. That's why I'm here. 7 Q Now you've reviewed the May 10th order, have 8 you not? 9 A Yes, I have. 10 Are all the conditions in there, the terms, Q 11 the holiday schedule, the vacation schedule, etc., are 12 those terms acceptable to you? 13 Yes, they are. A 14 If you had the children on a 4/3, 3/4 basis, Q 15 from this day forward and into the school year, how would 16 you arrange for them to get to school or get from school to 17 you at the beginning or the end of your custodial periods? 18 I have hired someone at the restaurant as a A 19 manager position to cover the shifts that I need in order 20 to pick up the children and to take the children home. I 21 have sample schedules in my folder, and it has been working 22 throughout the summer. 23 Q When you say, sample schedules, you mean for 24 your employees at work? 25 Yes, just to keep the restaurant running to A 16 ~~ ,~ 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 . ~ j 1 ~~ . - I ~ -J ~,.I c o cover myself so I can do all those things that need to be done as far as picking up the children, taking the children to school, etc. Q Okay. So the kids get priority and the restaurant takes care of itself? A Absolutely. Q Do you have a baby-sitter lined up in the event you need one? A Other than my parents-- my father is now retired, my mother, I have my two sisters. Additionally, I have an ex-employee that worked for over a year at the restaurant who the children know and who the children have agreed as far as baby-sitting purposes. I have spoken with them and say, how about this person as a baby-sitter, and they're fine with that. So I have plenty of coverage baby-sitting wise if need be. Q You said that you and the kids have gotten the opportunity to spend more time with your family over the summer since this change in custody. How do the children seem to-- how do they seem with regard to that change? A They welcome it with open arms. They have a really good relationship, especially with my sister and her children. They seem to be joined at the hip. And that's a relationship that the children need and the children want 17 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 i_I --I ,"I ~ w o o desperately. Q If this schedule were to remain in place, 4/3, 3/4, do you foresee any difficulties with their academic performance in school? A I foresee none at all. Q Is it your desire they continue in the same school district where they currently attend? A Absolutely. Q If they needed help with homework, would you be capable and able and willing to do that with them? A Absolutely. That's what I want to do. MS. ETTER DISSINGER: I have no other 13 questions. 14 THE COURT: All right. What is the distance 15 between the two residences in miles? 16 THE WITNESS: It takes 15 minutes to get 17 between. Distance, 10, 9, 8, 10 miles. 18 THE COURT: Okay. And what school district 19 are the children in now? 20 21 THE WITNESS: South Middleton. THE COURT: Are Gardners and Boiling Springs 22 both in Cumberland County? 23 24 25 THE WITNESS: Yes, they are. THE COURT: Mr. O'Brien. CROSS EXAMINATION 18 LP - 10 . ,_ Ii ~r. ~. o o 1 BY MR. O'BRIEN: 2 Q Mr. Marsh, when we went to the conciliation, 3 you insisted that you wanted the children half the time, 4 and your ex-wife stated that she would give you additional 5 hours, long weekends and every Wednesdays, but that was not 6 acceptable to you? 7 A No, my recollection, she did not offer me 8 additional time. I think it was less time, as I recall. 9 And that was unacceptable. Q You are insistent on an equal amount of time 11 with in your home, is that correct? 12 13 A That's why I'm here. Q Yet over the summer months, the children 14 have been spending extensive periods of time with other 15 members of your family and outside of your home, is that 16 correct? 17 18 A I disagree with that characterization. Q How often are the children brought to your 19 house and dropped off? 20 21 22 23 A By whom? Q By Kathy? A Less frequently than I go get them. Q Well, isn't it true that more often than 24 not, the children are brought to your mother's home or 25 picked up at that location or brought to your sister's home 19 l ~ 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 i 1 - o o and picked up at that location rather than at your home? A No, I disagree with that. They are not brought to either one of those places more frequently than I pick them up. Q Kathy agreed to attend counseling to see if the two of you could improve your communications, is that correct? A That's correct. So did I. Q And do you admit that you had a lot of anger and resentment, and that made it difficult for you to communicate with Kathy? A No, I don't think that's the proper term either. Initially, whenever we separated, yes, there was a bunch of that. Now in hindsight, is there anger? Sure, there's anger. More than anything now, I feel sorry for her. That's the truth. Q Are you able to effectively speak to her to discuss the children? A As much as she's able to effectively speak with me. Q Your choice of communication oftentimes is to send written notes in sealed envelopes? A My choice of communication is to try to communicate to her as much as possible verbally. Verbally wasn't working. I chose to try letters in order to open up 20 w~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . -~ - l~ o o 1 a line of communication between us. 2 3 4 Q Why were the verbal communications not working? A That's a good question. I don't know the 5 answer to that. 6 Q Was it because you didn't like the answers that you were receiving? A No. Q You had the children for a week's vacation, is that correct? A That's correct. Q What did you do with the children during that week? A Well, we played Wiffle ball. We went swimming. We visited my parents. We worked around the house. We mowed the grass. Let's see. What else did we do? Little things like that. Q Did the children go camping at all? A No, we didn't go camping. In fact, we didn't go-- every day, we didn't go some place in particular like some place, some people choose to do. I don't think I need to buy my children. I don't think I need to take them everywhere every day of the week in order 24 to have them entertained. I think it's more vital for the 25 children to be with their father doing normal stuff. I 21 ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LL " ~.I c . 1 think they need a break from daily going somewhere, daily 2 spending money, and some kind of event. I think it's vital 3 they have time to do nothing. 4 Q The children went-- you do admit that the 5 children spend a lot of time at your sister, Becky's, home? 6 A Well, I admit they spend time with Becky. I 7 don't know about the word a lot. Q A Q Do they spend overnights there? Sure. Do they spend overnights at their grandmother's home? A Sure. Q A Q Do they eat at their grandmother's home? Sure. Do they eat at their aunt's home? A Yes. They do both things in my house also. Q Out of the days that you've had them, would you say that they've spent half the time at your home or more than half? A More than half. Q Now you indicate that because you're the manager, you can set your schedules around the children? A That's correct. Q So you're stating that for every day that you've had the children during this summer trial period, 22 , , i: ~ ~ 1 2 3 4 5 6 > ~~~ i 'f i I ~ ^ 1 ' .1 j. ~.t~, o o you've been off work? A No, I'm not stating that nor has she been off work every day she's had the children. But the facts of life are, we have to survive, and we need to make money. The business has to live. But I don't think that's a lesson the children don't need to see either. No, I 7 haven't been off every moment I've had the children. Have 8 I been off a reasonable amount? You bet. 9 Q What's your work schedule like? 10 A As far as? 11 Q Yeah, on-- you say the restaurant is closed 12 on Sunday now? 13 A That's correct. 14 Q So Monday through Saturday, what is your 15 work schedule? 16 A Well, it varies now with the schedule. I'm 17 usually off the Saturday that I have the children, the 18 weekend, the Saturday and Sunday. Friday, I usually 19 workday shift until five. Let's see. That would put 20 Monday and Tuesday. Normally, I'd also have Monday and 21 Tuesday with the children. I'm usually off one of those 22 days and work four hours the other day. And then the week 23 where I have three, it's usually one of those days off and 24 four-hours shifts the other two days. 25 Q And then when you're working, then the 23 If 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _.,..1 II ",'L I ,--' o o 1 2 3 4 5 6 7 children are either with your sister or your mother? A Usually. Q Where else would they be? A They would be with me. Q A Q At work? That has happened once over the summer. When did you quit the softball team that you 8 played on? A I'm sorry? Q When did you quit your softball team? A Right after the conciliation hearing. And now we are back in the play-offs, and they've approached me about the play-offs, and I have decided to go back and play last week. Q A Q So you're back playing again? This week, one more night, tonight. And you use the term that you discontinued softball to placate your ex-wife? A That's correct. Q And you used the term that the children desperately want a relationship with their cousins, is that correct? A Q A Desperately want a relationship with who? Their cousins? In my opinion, yes. 24 I -k',';; VIi' ~ ~."~ '-'- , LI o o 1 Q Did they visit with them prior to this new 2 arrangement? 3 A Not nearly as much. It was part of the 4 reason I did the letters, was to try to show that frankly I 5 was trying to get the children to be with each other more. 6 And it was always, they were always doing something. They 7 were always busy. It would never work out that I could see 8 them or my family could see them. In my opinion, that was 9 Kathy's way of controlling the time with my children. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you run into Kathy last evening and speak about exchanging the children? A Yes, I did. Q For this morning? A Yes, I did. Q And did she ask you to be accommodating so that they could be picked up earlier? A No, she didn't. Q What did she ask you? A She didn't ask me anything. I saw her. I said, the children would be at Becky's house. You can pick them up at 9:00 this morning, which is the scheduled time of the transfer. Q And she didn't request that because she had to be in this court hearing at 9:00, that she could do it earlier? 25 \p1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hours? LI I ~ <i" I ~-, ~h' o o 1 A No, she didn't request earlier. She 2 requested, could somebody drop them off at her father's? 3 And 9:00 was a change over. In my view, it's her-- it's such a small detail. But in my view, that's her responsibility to pick them up at 9:00, as it is mine whenever it's my turn to pick them up at 9:00, which seems reasonable and fair to me. Q So you basically didn't want to try and work anything out with her on this, did you? A Work anything out with her? Q Right, to see if perhaps some arrangements could be made because she was going to be in court here at 9:00 to get the children to her father's home? A She didn't express any interest in trying to work anything out. Q Do you recall Kathy contacting you to try and rearrange somewhat of a schedule around the July 4th holiday? A Not off the top of my head. Q You don't recall a phone contact to say, because of this split holiday arrangement that she keep the children? A Q Okay. Now I do. And your comment was, did you count the 26 \P~ II "I ,- 1 , '~ , ,I, ; ~,} ,-,- o o 1 A Yes, that was my comment. 2 Q And you said that to her? 3 A Yes. 4 Q And did you also say, are you trying to 5 screw me out of some of my hours? 6 That might be paraphrased. A 7 Q And you were very insistent that you not 8 lose any of your hours with your children, is that correct? 9 I feel since separation and since divorce, I A 10 have been more than accommodating, trying to bend. But I 11 also feel, in my bending, in my accommodating, she's taking 12 advantage of that and trying to use that to take hours from 13 me, take time from my children. Part of the reason I'm 14 here is because that process is not working. That process, 15 in my opinion, is not fair. 16 We need to have something in writing, 17 something solid, and then go from there, because honestly, 18 I feel that she feels she's being fair about the process. 19 I believe that. And honestly, I do not feel she's being 20 fair about the process. So we have a disagree of truce. 21 How do you attack that? The arguing back and forth is not 22 accomplishing anything. That's why I'm here. 23 Q Have you in the past been contacted by Kathy 24 and asked if you wanted to see the children, and you 25 declined to spend time with them? 27 ~q i.1 ,I , .- ,'_~ o o 1 A Absolutely, I never remember doing that, 2 never. I have contacted her many, many times, asking to 3 see the children and been denied because they are at 4 something. They're busy basically. I never remember ever 5 saying that. 6 Q Hasn't Kathy in the past worked with you so 7 that the children could attend your family functions, times 8 with their-- 9 A It's like pulling teeth, and there's always 10 a cost. You do this, and you give me twice back. In my 11 opinion, that's what's happened. 12 MR. O'BRIEN: I have no further questions. 13 THE COURT: Ms. Etter Dissinger. 14 REDIRECT EXAMINATION 15 16 17 18 19 20 21 22 23 24 25 BY MS. ETTER DISSINGER: Q Mr. Marsh, Mr. O'Brien was asking you about your hours and how much time you were away from the children while they're actually in your custody? A Right. Q If you could, try to calculate for me quickly how many hours you think that the kids are-- while the kids are in your care, how many hours are you at work when you could be with them on a weekly basis? If you need to look at the two separate weeks, then tell me one week and then the other week, how many hours? 28 10 II ~.- .,1 'iL_ I~ o o 1 2 3 4 A Q A Q Perhaps eight. Each week? Perhaps. Are you familiar with Kathy's work schedule? 5 A I know her schedule changes, and I'm really 6 not familiar with it. I don't know when she works. 7 8 9 She works a 40-hour week, Monday through Q Friday? A As far as I know. I believe there's some 10 overtime involved. I'm not sure of that. 11 Q Does she usually work this same shift when 12 she works, do you know? 13 A She used to. What she does now, frankly, I 14 don't know what her work schedule is. 15 16 17 18 19 20 21 22 23 24 25 Q So you don't see that it's a problem for a parent who has physical custody of their children to go to work for eight hours a week during the time they have those children? A No, I don't see that as a problem. Q Do you think in most families, whether the parents are divorced or not, that they are away from their children during work hours more than eight hours or less than eight hours? A Absolutely, absolutely. The way the children's schedules are these days, the children are also 29 1\ '.... to'. ,I [ , ~-- I--~ o"iJ , , 1 . j,~i o . 1 away from the parents. 2 MS. ETTER DISSINGER: I have no other 3 questions. 4 5 6 7 8 THE COURT: Mr. O'Brien. MR. O'BRIEN: I have no further questions. THE COURT: All right. You may step down. Thank you. MS. ETTER DISSINGER: I have no other 9 witness at this time, Your Honor. 10 THE COURT: All right. Did you want to 11 reserve some time in the event that the person you referred 12 to as Ms. Rissinger would be available? 13 MS. ETTER DISSINGER: Yes, if she's 14 available, I'd like to do her before-- when she calls, if 15 she calls in. And if she doesn't, if I could reserve a 16 couple of minutes for perhaps some rebuttal from my 17 client's mother or his sister. It may not be necessary. 18 THE COURT: Certainly. You're well within 19 your time period so far. In fact, only a half an hour has 20 been consumed. Mr. O'Brien. 21 MR. O'BRIEN: Yes, we're ready to proceed, 22 Your Honor. I call Kathy Marsh. 23 24 25 Whereupon, KATHLEEN SUSAN MARSH having been duly sworn, testified as follows: 30 l' 1 .' : i J~,:' - ~- -'~ "I o 0."." '. DIRECT EXAMINATION 2 BY MR. O'BRIEN: 3 4 5 Q Would you state your name, please? A Kathleen Susan Marsh. Q And Kathy, you're the mother of the three 6 children that are the subject of this custody hearing? 7 8 A That's correct. Q You and your husband separated in April of 9 1997, and the children remained in the home with you? 10 11 12 A That's correct. Q Where did your husband move to? A He originally moved back in with his 13 parents. 14 Q When you first separated, what contacts did 15 he request to have with the children? 16 A He requested to have the three nights a 17 week. His reasoning to me was that he did not want them to 18 forget him, and he requested to have just the overnights, 19 and so that's what we did. 20 Q And those three overnights then continued 21 until you've come to this process of the conciliation, the 22 counseling, and now this court hearing? 23 24 A Correct. Q When your ex-husband filed, and we met with 25 the conciliator, did you have a proposal for some expanded 31 13 " i I , , '-",'; ,I -,'I ~ '--- o (I 1 time? 2 A Yes, I really-- I didn't request to do this, 3 but we decided that we would try to compromise and do some 4 long days of times, long blocks of time by giving him every 5 other weekend and still give him the Wednesday nights 6 during the week, so that we could give him more time with 7 the kids. 8 And he rejected that at that point, is that Q 9 correct? 10 Yes. He said he would do nothing but the A 11 absolute half and half. He wanted his half. 12 And hence, the conciliator recommended that Q 13 and you agreed to attend counseling, is that correct? 14 That's correct. A 15 Why did you agree to attend the counseling? Q 16 Because she had recommended that we do the A 17 counseling so that we could communicate better and try to 18 reach some type of compromise without coming to court. 19 Q From the point of the separation to the time 20 that you met with the conciliator, tell the Court about any 21 difficulties that you perceived in communicating with the 22 children's father? 23 A When we would meet, I would try to talk. 24 Basically, a lot of this stuff is just who was picking them 25 up or what or communicate as far as anything medical, 32 11-{ 1,1 " , ,,'. 1 ~ " ,-~I_'i':' o o 1 anything involving the kids. Lots of times he would say, I 2 don't want to hear anything, just tell me what I need to 3 do. If it would be like a Tylenol thing or if I'd take 4 them to the doctor for antibiotics, if I would say 5 something he didn't like, he would get angry, make snide 6 remarks, or, you know, kind of put the kids in the car and 7 slam out of the driveway. 8 I've had-- I know that at one point, I did 9 ask his mother to please ask me for the extra time because 10 he was the one bargaining for the time and saying, if you 11 want these two hours, then I want two days with, that they 12 can be with my family or someone else. 13 Q Had you attempted to be accommodating to the 14 children's father and other members of his family with 15 having the children spend time with their father or members 16 of his family? 17 A Yes, I really feel I have. There have been 18 lots of-- this has been four years now. There have been 19 lots of birthdays with the cousins. I have never said that 20 they couldn't do that. I've always let them go to all the 21 birthday parties. There have been birthday parties with 22 Bob's cousin's kids. 23 There have been times when their grammy, 24 Bob's mother, wanted to bake gingerbread houses, make 25 little things for Easter, you know, do the baking projects. 33 1~ 11- -'. -,-2 I.. , ~ ," l~~ o o 1 There was at least one day that Becky had tickets for 2 Hersheypark through her husband's work. She wanted them 3 for a holiday at Hersheypark. Last year, grammy and pappy 4 wanted four whole days to go to Konoble's. Fine, no 5 problem. There have been several times. 6 I'm going to say, two or three of the times 7 that he has asked me where I've had something planned, and 8 I had to say, I'm sorry, we have something planned, that I 9 can't be accommodating. I've even been accommodating to 10 Bob's past girlfriend's parents. They had some type of egg 11 decorating contest or some type of-- something on a Sunday 12 afternoon. 13 You know, there have just been a lot of 14 things that they have been allowed to go do. I do not want 15 to deny them those times with the family. When we were 16 married and together, I did a lot with the family. And I 17 took them up there every Sunday because I thought it was 18 very important that they be with family, with both 19 families. 20 21 22 23 Q Did you ever attempt to extract promises or concessions? A Q No. From the father in exchange for allowing the 24 children to spend time? 25 A No, the only time that I could even think of 34 1~ 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 -I,'j, - '_~', ,.,;1 "''',--1- o . that is when he was trying to, like I said, I wanted them. And I believe that was even a Christmas Eve. I wanted to bring them back a little bit later, because we had a special family dinner every Christmas Eve at my sister's. And he was going to have them overnight that night into Christmas morning, and he was going to tell me, the only way is if I gave him two days. I said, you know, that's really not fair. But I don't bargain for time. All the other times have just been, if they want them to go to a party, that's their cousin's, that's what they do. Q Do the children enjoy spending time with Bob's sister, Becky, and their cousins, I guess, and step cousins? A Yes, they do. They're pretty close in ages. And Becky has a baby that's just a little over one year old that they-- they, of course, they love the little baby. They do enjoy spending time with them. Q And you encourage that, and you like that the children are spending time with them? A Yes, I do encourage family involvement with both. Q What is your impression as to where the children are when they're on their father's time? A On their father's time, I'm not really ever sure who's picking them up or, you know, where I have to 35 ,~ ,-'- ,- 1<-,-,;, 11 J 1,1 "",1--- -"J.,-,I, '.1< o o 1 take them. Before this whole conciliation, he was talking 2 about more time, and I had written down once, and I think, 3 4 out of 16 times, Bob actually picked them up and was with 4 them, and the other times it was numerous members of the 5 family. 6 So it might be grammy or pappy or Becky or 7 the other sister, Robin. It's even been the nephew, Shawn, 8 not nearly as much, just a few of the times. Even has been 9 Bob's girlfriend a couple times. I truly believe, not that 10 1 ever resent them spending time with the family, family is 11 important, but I think that he's requesting so much extra 12 13 14 15 16 17 18 19 20 21 22 time. He needs more time, but I don't think that he really ever utilized the time that he did have with them. Q What activities are the children involved in? A Right at the moment, they're involved-- the girls are in soccer which this past year have played year ~ound. At this point they just practice twice a week, which they will continue through school, and then have games on Saturdays. Aaron is involved in football right now, which is every night of the week, six to eight, and then once school starts, it will be three nights a week and 23 Sunday games. The girls are also in band, and they play 24 the trumpet. Some church activities, Saint John's kids. 25 Q What is the girls', the soccer activities at 36 1~ _ _ ~-t' II ,"_.u 1,"'_' . ;;1 . . ~" " , - ~~ ',4-'--~'" ,,~ o o 1 the present time? 2 A At the present for the summer, they practice 3 now two nights a week, Tuesday and Friday, 6 p.m. to 8 p.m. 4 Q And what is Aaron's football schedule? 5 A Monday through Friday, 6 p.m. to 8 p.m. And 6 that will change at the beginning of school. 7 Q And what will it change over to at that 8 point? 9 Three nights a week. It will be Tuesday, A 10 Wednesday, Thursday, 6 p.m. to 8 p.m. 11 And games then would be? Q 12 On Sundays. Basically on Sundays. There's A 13 one Saturday night they get to play under the lights. 14 Associated with those activities, there are Q 15 things such as uniforms, equipment, items such as that. Do 16 you anticipate a problem if the children are switching back 17 and forth between the two homes? 18 A I do anticipate a problem because they 19 will-- with soccer, they have their shin guards. They have 20 cleats, soccer socks. Aaron will have all of his helmet 21 and padding and shirts and different things that he needs 22 to have. There have been problems in the past with things 23 going back and forth. I can cite one thing. 24 I know for soccer, indoor soccer, Bob took 25 Aaron to the first game because he requested to do that on 37 1q "'" .1---1 ,'I ',;'-,1, o o 1 a Sunday since the girls had a game. He never had his 2 indoQr soccer shirt the whole time. I just-- because I 3 kept asking Bob for it over the six weeks. And he never 4 found it. I just recently asked for laundry to come back 5 because I didn't have many pairs of shorts for Aaron. 6 I got like 11 shirts and 10 pairs of shorts 7 or something. And that soccer shirt was in it. So 8 wherever it was. I do know that the kids will tell me when 9 they came home from Bob's week with them, they didn't bring 10 any of their clothes, and they said that they were-- they 11 must be at grammy's in the wash, and I didn't know we 12 weren't going back to grammy's. So I think that there 13 would be problems. 14 I think the kids are good kids and they can 15 try to remember, but they still need those constant 16 reminders of where to bring what. There's been soccer 17 balls still left at daddy's that they still need for 18 practice, and we'll have to pullout another one of them. 19 But, you know, you can only stock so many of them. 20 Q Just recent in the past few weeks, you had 21 provided all the clothing for when the children went over 22 to visit with their father and his family. Is that the way 23 that it works? 24 A Right. When they were going over to Bob's 25 or to the family's, they would pack their bag, and they 38 ~"l'-miL~' f{O 1,_1 1,.,,--,-, :.-J ,"" ~I '''-:,~" o .' '" 1 would pick the outfit that they wanted, and then, you know, 2 they could bring it home to me. I'd wash it or whatever or 3 it would come home whenever he brought a stack of laundry 4 home. 5 Q What are the strengths that you see for the 6 children remaining in your home as a primary home for them 7 to operate out of for school and their supporting 8 activities and their social activities? 9 A I think the biggest strength is the 10 consistency that can be provided. We had a real good 11 routine this year. When they came home from school, they 12 did their homework. They knew that was just priority. 13 When they came home from school, they sat down, they did 14 their homework. I knew if they had practice, say, at six, 15 1 get off work most days at 3:00, which means that I can be 16 home in time to make them some type of supper early enough 17 that they can eat and be ready to practice without going 18 out there and being sick on a big meal, but I could still 19 get something good into them ahead of time. 20 They have their stuff at home. I think, you 21 know, especially with having trumpets and all the gears, I 22 think that they just have a good consistency with me. I 23 think that the girls are going into 7th grade, and it's a 24 very difficult year. They need to sit down. 25 They're good kids, but they still need all 39 qt _L .~.__ <,' j- I J -~_ ~ ..,I " '^,,;I J i. ~'" ,",; o . 1 those reminders. Alicia might come to me at 8:00 on a 2 Thursday night and say, oh, by the way, I need material. 3 We have to make a book, and I have to write the story. And 4 sometimes they do need those reminders and those 5 consistencies to be sure that everything is done. 6 Q Had you always attempted to provide the 7 children's father with all the information coming back from 8 the schools for the children? 9 A I have always copied everything that I get 10 for him. I do have two big manila folders at home just 11 because of some of it, because he was saying that he wasn't 12 getting the stuff. I even copied-- he likes to be 13 involved-- like if it's, say, something that they're doing 14 a reading program or they're in band and they give you the 15 rules and you have to sign it, I even provide two of those 16 copies so that if he would like to sign those and send them 17 back in with his signature as well as mine so they know the 18 father is involved, he can do that. 19 Q What activities do you do with the children 20 during the time that they're with you? 21 A We do a lot of different things. My family 22 is very into-- we hike. I take them snake hunting. That's 23 kind of a big deal that they like to do. But we do-- we 24 hike. We swim. I'm just trying to think. A lot of 25 outdoor things. I'll play hockey with them in the 40 ~;)- ~, " i I ,,'., I. b...:......,-," . ~~'" ., '-::' , o . 1 driveway. We'll go out to the park. I did, when I had 2 them for a week, because I took a week off this summer just 3 to be with them. 4 I know there is down time they like, but I 5 also asked them, is there a vacation, what are the things 6 you would like to do. So like, I took them to Baltimore 7 Aquarium to see the Inner Harbor and Fort McHenry. We did 8 a water park, which was just pure fun. But then we took a 9 day off where we just vegged and did nothing, just kind of 10 stayed around the house and played games. We do a lot of 11 games like Who Wants To Be a Millionaire, and they like 12 card games. 13 Q And-- in regard to your work, could you tell 14 the judge what your position is with the county nursing 15 home? 16 A I'm a nurse manager. I did have two wings. 17 Now with the renovation, I'm down to one wing until we move 18 back. Basically, I'm a-- I'm scheduled as a Monday through 19 Friday, 7 to 3, which I took that position originally so 20 that I could be with the kids more. Now there is somebody 21 in the morning. I can get the girls on the bus, but Aaron 22 spends about an hour to an hour and a half with the 23 neighbor who also has a child his age. 24 I used to have a lady come in the home so 25 that they could get up with her. Basically, I take the 7 41 t() 'L 'I -, . ",,;_1, ..-1 ~ ~ o . 1 to 3 so I can be home to do all their activities and get 2 them where they want. I do have a lot of flexibility at 3 work in that. There are sometimes I can't take off. 4 Doctor days are real tough to take off if I need to be with 5 the doctor, but I can work an 11 to 7 shift and get a day 6 off if I wanted to do a field trip or if I have something 7 special with the kids. 8 I do that in the summer, if I can. My staff 9 scheduler knows that she can make deals with me if she 10 needs a nurse for the 11 shift on a night. She knows what 11 nights Bob has the kids, and she knows that if it's a 12 . Sunday or a Wednesday or Friday night, and she needs an 11 13 to 7 nurse, she can call me and say, let's make a deal. I 14 can give you a day off, and I don't have to take that the 15 next day. I can take that, you know, maybe I know that 16 there's a Columbus Day or a field trip coming up. I can 17 take that day. 18 So I have flexibility that way. I just did 19 that the last weekend because Bob had the kids. I worked 20 12 hours over the weekend, so when I had them Monday and 21 Tuesday, I only had to work the four, and was able to be 22 home with them. 23 Q How are the children doing in school, by the 24 way? 25 A They do very well. They have S's and O's. 42 4~ ~= 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "IlilIIIIIIiI" I-I _', ,1,__, ','<,'1, -~, '~,~..~.,^" ')1 o CD 1 O's for outstanding. Aaron gets mostly outstanding plus. 2 The girls are either distinguished or just barely missing 3 it by a couple points. They do very well. They also do 4 very well as far as socially. I always ask about that to 5 make sure that there's no other effects, that they're doing 6 well socially. Q You've encouraged the children, I take it, to do wel1 in school and to become active in sports and social events? A I encourage them always to do well in school, to do their homework, and, you know, where it can get them. I do encourage them to try things as far as sports go. It's only if they want to do the sport. The girls don't want to do anything but soccer, and that's fine. That's what they've chosen, and that's what they want to do. Aaron thinks that he needs to try a little bit of everything, and that's fine. I do encourage them, if they choose to do that, then, yes, I encourage them to put their best into it. Q Do you have arrangements for the children to attend church and Sunday school? A Yes, until this summer with the trial when we've changed them back and forth at 9 in the morning. We go to church at Saint John's Lutheran in Boiling Springs just about every Sunday, even through the summers. Like I 43 46 - <~' 1 ,1_ Jr~"L I '~ iA~;,' o (1) 1 said before, this summer, they do go to Sunday school. As 2 a matter of fact, especially with the one teacher they had, 3 they really enjoyed it and even said, yes, let's go through 4 the summer. 5 They do-- I encourage them to go to Bible 6 school. They have always done that. One year they were at 7 church camp. They went to church camp two years. They 8 belong to SJ Kids, which is the youth organization in that 9 church. Girls have also had their first communion. And 10 Danielle would like to be acolyte, but we have to work that 11 out as far as scheduling goes. We couldn't do that this 12 summer. 13 Q Now when school starts up, you'd want to 14 have the children in your home for the school evenings, 15 other than permitting the father to have them every 16 Wednesday evening, is that correct? 17 A I do. And I think that it worked out so 18 well, even with him having them Monday and Wednesday and 19 Friday evenings. They still had that routine. They came 20 home with me. They did their homework. They got some type 21 of meal. If they had practice, a lot of times we would 22 meet at practice. You know, that would be kind of the 23 exchange point. But I do encourage that. I do think that 24 is the best for the kids to have that routine after school. 25 Q And then your proposal would be that on 44 qCi " ~I,-I , -, ' -,~ ,-1_". 1'liL/ o o 1 alternating weekends, that he could pick them up Friday 2 evening and then keep them and bring them back Monday 3 morning? 4 A Yeah. I think we even had originally said 5 Sunday night, and even said, you know, we'll give him a 6 little more time and do the Monday morning. I think that 7 when Bob had asked for more time, I thought he wanted 8 quality time with his kids. He did make a statement at one 9 point, I don't want quality time, I want my half the time, 10 which I think-- I mean, that's-- I think that the quality 11 time is important. I think by giving him whole Saturdays 12 and Sundays, I think that that's where, if he really wants 13 to spend time with his kids, then that's the time, that's 14 giving him that extra time. 15 Q You're satisfied with the alternating half 16 time schedule during the summer? 17 A Well, we had said about just vacation times. 18 I know we had talked about this, and I've done this before. 19 During the summer, like he usually brings them back Monday 20 morning, but during the summer I'd be working. I said, 21 well, why don't you keep them until I'm done with work, 22 because then you have another whole day with them. He 23 could get Mondays and Thursdays all day. I did try that at 24 the beginning of the summer, and I did write that down. 25 At least three occasions right in a row, no, 45 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '-... ~I , I ~ " "~l~~ ,. o . I have to work. You just, you know, take them back, or I'll bring them back to your father's at nine or whatever. So he, you know, to have that extra time, if I'm going to be working, that gives him two whole extra days in the summer to be with them and do stuff with them. Q And he rejected that? A He rejected that. I know there were at least three times right there in the beginning of June that I actually verbally said it to him, do you want to keep them, and I'll get them after work. Q The custody conciliator in her report had indicated the holiday schedule. Is that what you're still thinking to be a good idea? A I think that's fine. We live close enough that, that way the kids can spend time with both of us and also with both families, especially for like Christmas and Thanksgiving that are so important to be with family. Q And you did request, I guess, of the father on July 4th to exchange some time, and it was rather acrimonious? A What happened was, July 4th, I was supposed 22 to have-- according to the conciliator's schedule, I was 23 supposed to have them in the afternoon of July 4th, which 24 was a Wednesday, and Bob would have had them in the 25 morning. The week before, I saw that it was my week to 46 4,~ ,~= 1. -_ " b~ 1__ _, , -, ' ,,0,1 -; , >-i..';i,., 0'. " '. . 1 have them Monday and Tuesday. I.just really felt that it 2 was not good for the kids, to drive them Tuesday night to 3 Bob to have them for the morning, give them back to me 4 Wednesday afternoon, give them back to Bob Thursday 5 morning, and then him to have-- yeah. 6 There would have been like three exchanges 7 there in the matter of the three days. So I called Bob the 8 week before, and I said, Bob, if you don't have anything 9 planned, would it be okay with you just to switch that 10 morning and afternoon so that I would just keep them from 11 Monday, Tuesday, into Wednesday afternoon, and then he 12 could get them Thursday afternoon to keep them into Friday, 13 because it would still be a half a day and an overnight. 14 Then Monday night, he called me. I was out 15 in the garden. And he called me, and he said, asked me if 16 I had given any thought to how many hours that was. I 17 couldn't think. I said, no, I haven't. I knew it was a 18 night and a half a day. I just put that out to you. And 19 he got very angry with me and nasty screwing him out of the 20 hours. 21 He wanted every hour that he was entitled 22 to, and it had to be done to the hour. So I offered-- I 23 said, I can't think. I just couldn't think when he said 24 that about down to the very hours. So I called him back. 25 I said, I need to figure that out. And I called him back 47 fi 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 ^I I'J ", ,I 1:.. ~l: 1",< o o and said that he would have been short one hour, so if he wanted to pick them up at 1:00 instead of 2, that would be fine with me. So then he left me a message, 1:00 pick-up is fine. And so that's what we did then to keep the children from going back and forth three times. Q Do you feel through the counseling process and this trial period that your ability to communicate with the father has improved? A No, I don't. I do feel I try to talk to Bob at least especially on information about the kids. If they go to the orthodontist, I want to tell him what they said. If, you know, if one of the children has been sick, I want to tell him, I gave him Tylenol at 6:00. She's vomiting. She's whatever. I want him to know these things. And a lot of times, he'll say, I don't want to know. Just tell me what to do. He writes me these types of notes because he says he can't talk to me. He seals them and then tapes them and then hands them to me. And he says, it's because he can't talk to me. But one Saturday morning this summer, he sat in my driveway and had a very nice conversation about our daughters growing up and what kind of things we would do as they approached their womanhood and what products we would use. 48 q,D .<. ~ , I I .d, o~,"1 , " N" '--'. "'"~,.=",; o . 1 Now if he can have a conversation with me 2 about something so personal, why can't he talk to me about 3 anything else? I really feel that. I think that we need 4 to be able to communicate back and forth in the best 5 interest of our kids not do it by letter or by nasty 6 comments or threats. 7 I just really believe that's important. But 8 I believe the counselor was trying to encourage that, and 9 that's why we compromised the trial period and to see what 10 we could do this summer to try to be accommodating or 11 compromising, but I do not think it's working. 12 Q Are you willing to continue working with the 13 father with the counselor? I mean, do you think that 14 there's any further benefit that can be gained? 15 A That's a difficult question. I think that 16 sometimes talking things through does help, even the 17 talking even to just be in the same place where you have to 18 talk about stuff for a little while or bounce it off 19 somebody else. I think that does help sometimes. I think 20 he's made it quite clear in her office that he wants what 21 he wants, and he's going for it, and that he doesn't want 22 to compromise. So I think that's a difficulty there, too. 23 But I think sometimes talking things through is the only 24 way you can get there. 25 MR. O'BRIEN: I have no other questions. 49 ~i ~~ - II 11 ~1 ~ .' '. >t. 1.'.-, '''..I " . ~.;.~ o o 1 THE COURT: Okay. Ms. Etter Dissinger. 2 CROSS EXAMINATION 3 BY MS. ETTER DISSINGER: 4 Q Ms. Marsh, you say he doesn't want to 5 compromise. At the custody conference, when he came to the 6 conference initially, he was getting the children Monday 7 overnight, Wednesday overnight, and Friday overnight every 8 week, correct? 9 A Uh-huh. 10 Q So in the course of the two-week period, he 11 would have the children six days basically, correct? 12 A No, not correct as far as six days. He had 13 them three evenings a week. 14 Q Okay, but he had them overnight? 15 A Every night, yes. 16 Q He had them overnight. Six overnights every 17 two weeks or-- six overnights in a two-week period? 18 19 20 21 22 23 A Yes. Q Okay. And under your proposal to him that he would have alternate weekends and only Wednesday night, he would have seen the children and been able to tuck them in five nights then, right? A To actually put them to bed five nights, 24 correct. 25 How does that amou~t to giving him more time Q 50 q'tt -- '~ , , .j:,I, " ',~::"'.f ;,',1 ~, '" .......... c . 1 with his children? 2 A We had looked at it as quality time. When 3 he was asking for time, he wanted time to spend with his 4 children. To me, while they're sleeping, I mean, yes, it r s 5 nice to be there to say good night to them, get up in the 6 morning. But he was talking blocks of time to do things 7 with the kids. By doing Saturday and Sunday, there's two 8 whole blocks he's never had. He picks them up at 6:00 at 9 night. Now granted, their homework is usually done, and 10 they're fed, so it's free time, unless practice or 11 something, but that's a weekend. 12 That's the whole weekend to maybe go away 13 and do something with the kids or just be with them for the 14 weekend. I mean, I feel that-- originally, he picked those 15 nights. He picked it. He wanted that, and I went with it. 16 And now he's asking for something different, and I was 17 trying to work with that. 18 Q And you thought it was giving him more by 19 giving him fewer days but more hours on other days, is that 20 how you looked at it? 21 A No, by giving him quality time with his 22 children by giving him whole weekends. And he talked about 23 even taking them to church, and that was giving him that. 24 Q And he does take them to church when he has 25 them, doesn't he? 51 ~~ 43 ~ I-I '., --I "..I '.- ,-. E~ o . 1 A Sometimes. One morning he didn't. The kids 2 came home and told me that they didn't go to church because 3 dad was working on the house. But there was one morning I 4 know I sent-- no, two mornings I sent church clothes along 5 or put them in church clothes. One, I sent them to a 6 sleepover and-- 7 8 9 10 11 Q Okay. So maybe one Sunday he didn't take them? A I can't-- I don't ask them. I honestly don't ask my kids, what has your father done with you, where has he taken you. I can only comment the week they 12 came home and told me they didn't go to church, because 13 they asked me if I went to church, and I said, yes, I went 14 to church, and they said they didn't have to. 15 Q And you, in your testimony, said you didn't 16 take them to church every Sunday either, is that correct? 17 A I took them most every Sunday. There were 18 occasionally, if I had to supervise on a Sunday, my parents 19 took them to church, even through the summer. I'm going to 20 say, you know, I'm not going to say a hundred percent. If 21 the kids are sick or something like that. But I'm going to 22 say, up in the close 90 percent, we do go to church. It's 23 very important. And Sunday school. 24 Q And it's important to Mr. Marsh, too, isn't 25 it? 52 ~ 10 11 12 13 J. ,; , I = .-' ,--I', )'1 -...."""'" o . 1 2 3 4 5 6 7 A He would have to answer that. It seems like he wants to take them to church, but I can't answer that. Q So neither of you handle church any differently than the other, do you? You both make sure they get there most of the time, right? A I can't answer that. He's only had them several times for church, and I only know the one instance. 8 You know, I just can't answer that. I can't sit here and 9 tell you that. Q Now you told us that the compromise thing is not working, but, in fact, July 4, you two did come to a compromise? A No, we didn't come to a compromise. I told 14 him it was one less hour if he wanted it. It wasn't 15 really. 16 17 18 19 20 21 22 23 24 25 Q Okay. So you don't consider that a compromise? A Q No, no. You gave him an hour for you, and that was not a compromise? A Because he demanded that he had to have his hours the way that was done. That's not really working together to make a compromise. Q How do people compromise then? A By talking things through and working it 53 q5 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 L 1 I_,J .~" ..1 ~ I '~. ,~ o o out. Q A Q A I thought that's what you two did? Not really. Okay. Now your work schedule is 7 to 3? That's the basic hours they have me at. Q Monday through Friday, generally? A Generally. Q So on the Mondays when the kids are with you, you're really at work for eight hours that day, right? A Unless I can arrange to do something different. In the summer, a lot of times I do make arrangements so I can be with my kids a lot more often. Q A Okay. In the winter, it doesn't matter with school. Q In a regular workweek when the kids are with you Monday, Tuesday, and then again on Friday, you're away from them for three work days, eight hours each day, so you're away 24 hours in one week, right? A In the summer, if that's the way it works out, I do work out a lot more. But I've also offered the Mondays to Bob. Q So you will concede that when the children are with Mr. Marsh, they actually see more of him than they see of you when they're with you, is that correct? 54 q~ ~. , I-I. , ,~l " ,~,I, '^' I ~~'b co " 1 A No. No, I don't concede that, because a lot 2 of times there have been at least three occasions while Bob 3 has had them this summer that I've called up and reached 4 Bob at home and asked him and the kids are not there, 5 they're somewhere else. They will come home and tell me, 6 I've spent at least two nights with Becky this time. I was 7 at grammy's here. There have been several Friday nights 8 when somebody else picks them up, and all he does is bring 9 them home to me on Saturday morning because they've been 10 with family. So I won't concede that. 11 Q Okay. Now you said that when Bob wants the 12 kids to spend some time with his mom, you want his mother 13 to call you and ask for the time? 14 A No, the only time-- I did ask her that at 15 one point, because that was after Bob got very nasty about 16 giving the extra time. I always had a good relationship 17 with his mother before. And I did tell her that I'm open 18 to her, but it's up to her. It's her issue because it's 19 her son. If-- she has done that in the past. She has 20 called me and said, I would like, or if I've picked them up 21 at her house, if I can pick them up at her house on a 22 Saturday or she picks them up at my house, she's certainly 23 welcome to ask me that. She has done that. 24 Q Does Mr. Marsh take the girls to their 25 soccer practices? 55 ql "~ "~~ ~_ 1 " i j ",' '. I "'~. ~ .1 <<0 o 1 2 3 practices? 4 5 A If he has them. Q Okay. Does he take them to their band A They're during school. Q Okay. When he had the girls during school, 6 did he take them? 7 8 during the day. 9 10 school? 11 12 13 14 15 A No, their band practices are during school, Q Oh, I'm sorry. I thought you meant after A NO, no, there were some summer practices I took them to one year, but it's when I had them. I mean, it was during my time. But basically, they're in the school day. 16 at all? 17 18 19 practices? 20 21 22 23 Q They haven't had band practice this summer A No. Q And does he take Aaron to football A Sometimes. Q Well, when Aaron has practice-- A Somebody takes them. THE COURT: Wait. You have to let Ms. Etter 24 Dissinger finish her question or the record will be 25 confused. What was the question? 56 '. " _ l~ .-;, ~i :'J :i i:1 " Iii " "i H :I! ;: ,;' ( I:] q<< . I, I "~ ,,~ I.> 0,1 """ ,.:.,." J' '''2~: A..,.. V . 1 BY MS. ETTER DISSINGER: 2 Q The question was, when Aaron is with his 3 father, does his father take him to the practices? 4 A I believe-- sometimes, but I've been there 5 when-- or the kids have told me that either Glenda is 6 taking them or Becky is taking them or someone else, and 7 that's where I do have the concerns about the equipment and 8 stuff, which house are they in. You know, they could be in 9 mine or Bob's, but now they could be in several different 10 ones. 11 Q I understand you have a concern about 12 equipment. And as far as I can tell from your testimony, 13 one time this summer a soccer shirt was missing, is that 14 right? 15 A No, there have been-- no. That was a soccer 16 shirt he didn't have the whole time of indoor soccer for 17 the five weeks. The first week doesn't count because he 18 had it when they gave it to him. It showed up this summer. 19 But there have been numerous times when the girls will say, 20 oh, mom, do you have another soccer ball here? My soccer 21 ball is at dad's. I have to make-- you know, there have 22 been times that I have to do that. 23 Q Is there any reason that if they forget a 24 piece of equipment, that dad can't run it over or you can't 25 go pick it up? 57 ~q - , ' "J j'l -~. ~~ c . 1 A Well, I have to call him, and he makes 2 arrangements. One time Becky or Becky's husband brought 3 socks to a game because we didn't have them. 4 Q Okay. So these little things can get worked 5 out, I take it? 6 A I think maybe they can, but I think there's 7 a lot of hassle. My one daughter is usually very worried. 8 I know she wanted me to always bring the water to the 9 soccer games because she liked Boiling Springs water. 10 That's just a little thing. But she would say, now, mom, 11 are you sure you're gonna bring it? I said, Alicia, have I 12 ever let you down? Then calm down, relax. But she did 13 worry about these things. They're concerned. 14 THE COURT: Could you slow down just a 15 little bit for the stenographer? 16 THE WITNESS: I'm sorry. I talk fast. 17 BY MS. ETTER DISSINGER: 18 Q Is her preference for Boiling Springs water 19 any reason that dad can't take the kids to practice and 20 have more time with the kids? 21 A No, that's not the point. The point is, 22 he's requesting more time, but I really don't see that he 23 has utilized the time or really-- I don't want to say that 24 he didn't want the time. I know he loves the kids. I know 25 he does things with them. And I know that the family is 58 nO ~v - 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 ,I.I c o important. My family is very important. I do a lot with my family. But I don't spread them around. Q Okay. You think it's not a good idea for him to let the kids go visit with Aunt Becky and his mother? A No, it's not-- I don't want it to come out as a visiting. Family is very important. We do visit. We do lots of things with my family. But I think that the kids-- I think that's great. But I think the kids need a sense of a stable place, especially with school work and activities, a stable place that is always consistent where they know their stuff is. Q Well, Bob had the kids overnight Monday, Wednesday, and Friday every week for quite sometime now, right? A (Witness nodded head affirmatively.) Q Kids have done very well. They've excelled in their academic curriculum, they're socially well adjusted, right? A Uh-huh. Q By your own testimony? A Yes. Q So is there any reason to think that he doesn't have a good homework routine for these children? A They did their homework every night with me 59 ~ ~ ~' I,,', ~o( ==~~ ,I ,_-I .:.:,''__1 > < ",,-JI Illillii~i1'-- i iE", c . 1 before they left. I fed them their meal. And then we 2 packed up everything they would need for the next day, and 3 they went to dad's. 4 Q Okay. Is there any reason that Mr. Marsh 5 can't do those things? 6 A Well, at one point, Bob did make a statement 7 that it doesn't matter who helps. 8 9 10 11 12 Q Excuse me? Can you answer the question? Is there any reason that he can't assist with homework if they need it? A If he's there to do that. Q And he's capable, isn't he? 13 A Mentally, mentally capable? He's smart 14 enough to do that. 15 Q Is he also capable of reminding the children 16 that they need to get their gear together to go to the 17 events they go to? 18 19 20 21 22 23 24 25 A Sometimes not. Sometimes with the soccer shirt, and when he brought them home, there were several different things-- Q I'm not asking-- THE COURT: Wait. This is just not fair to the stenographer. I think Ms. Etter Dissinger interrupted you that time. Go ahead and finish your answer, and then we'll go on to the next question. 60 ~o~ ~- ~ , I d, ,'~ '~ o o 1 THE WITNESS: I think there have been times 2 when they don't have things. They've forgotten things over 3 at their father's, like soccer balls and the shirt when I 4 didn't know where it was. And I asked him, please check at 5 grammy's, because she does the laundry for them, and please 6 check at Becky's, because if the shirt got over to Becky's, 7 because I've gotten clothes back from her kids that I sent 8 back with Bob. So I think that is somewhat questionable. 9 Okay. So two times you had problems, the Q 10 soccer shirt and a soccer ball. My question was-- 11 12 13 14 15 16 17 A Q No. My question was, is he capable of reminding the children to get their gear together? I think that's a yes or no? A And I think that he can do some of that, but I think there have been problems, and we're not just talking two times. 18 Q All right. Then let me ask another 19 question. Does he encourage your children to be good 20 students or don't you know? 21 A I don't know. I think he would like them to 22 be, but I've never gotten requests to see their homework 23 like, you know, that kind of stuff. 24 Q You had an objection to him sending you 25 sealed notes; taped shut, you said. Do you think it's a 61 ~ - . I I ',I ,- "'...... ,.,1<__\::. o . 1 good idea to pass notes that the kids might see if they 2 weren't sealed? 3 A These are just-- well, they're sealed and 4 taped. My thing was that, he's saying he can't communicate 5 with me so he has to do that. But on a very different 6 personal level, one day he did communicate, and that's what 7 should be done. 8 Q So there is the ability there to communicate 9 verbally between the two of you, isn't there? 10 11 12 13 14 15 A I've seen it once. I've seen it that one time. MS. ETTER DISSINGER: I have no other questions. THE COURT: All right. Mr. O'Brien. MR. O'BRIEN: I have no questions, Your 16 Honor. 17 THE COURT: You may step down. Thank you. 18 MR. O'BRIEN: Reserve some time for any 19 surrebuttal, Your Honor, but I'm not going to present any 20 witnesses. 21 THE COURT: All right. Ms. Etter Dissinger, 22 do you want to check with my secretary to see whether a 23 call has come in from Ms. Rissinger? 24 MS. ETTER DdSSINGER: I would like to. I 25 expected to have gotten an interruption by now. 62 \~ " ~ ~ . ,,\ I. 'I . ,."< , " .' ,~ 1--, .' ~ 1,,---, o . 1 THE COURT: All right. I'm assuming it 2 hasn't, but we'll check. We'll take a short recess. 3 (Whereupon, a recess was taken at 10:42 a.m. 4 and proceedings reconvened at 10:53 a.m.) 5 THE COURT: Ms. Dissinger. 6 MS. ETTER DISSINGER: I would like to call 7 Becky Metzger by way of rebuttal, although we have still S have one witness whose testimony we'd like to take on 9 August 20. 10 THE COURT: All right. 11 Whereupon, 12 REBECCA LYNN METZGER 13 having been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. ETTER DISSINGER: 16 Please state your name for the record? Q 17 Rebecca Lynn Metzger. A lS Where do you reside? Q 19 3 Midland Drive in Mount Holly Springs. A 20 THE COURT: I'm sorry. I can't hear you for 21 some reason. Could you give your name again? 22 THE WITNESS: Rebecca Lynn Metzger. 23 THE COURT: Okay. 24 BY MS. ETTER DISSINGER: 25 Where do you reside? Q \ ", 63 , _ ~ Jl<',,;~, \06 10 - .',1,-1,-, .',>+-1" ;, L-"'-" A. ~ . 1 A 3 Midland Drive in Mount Holly Springs, PA. 2 Q Are you related to Mr. Marsh? 3 A Yes, I am. I'm his younger sister. 4 Q Did you hear Ms. Marsh's testimony today 5 about how she spoke with Mr. Marsh yesterday about today's 6 custody pick-up time? 7 I sure did. A 8 Were you present when she had a conversation Q 9 with Mr. Marsh last evening? A Actually, we were walking out from practice 11 together, him and I and my younger son. And she 12 approached. 13 Q I'm sorry. Can you talk a little slower for 14 me, please? 15 16 A I'm sorry. Q In light of your answer, were any of Mr. 17 Marsh's children with you last evening? 18 19 A No, just my younger son. Q So Mr. Marsh, you, and your younger son were 20 leaving your son's practice yesterday? 21 22 23 24 A Yes. Q Okay. Tell me what happened? A When we were walking out the parking lot together, and whenever I-- we looked up, we were discussing business, and we saw Kathy was coming our way. And I was 25 64 iOiu '<-,--_ I j 'l,_~ ;,1'" ~ ~ " o o 1 talking about actually work stuff. And I walked ahead of 2 my brother because she came. I assumed she was going to 3 say something to him. And she said about picking up the 4 children this morning, and he said, and I was right in 5 front of him, he said, yes, you can pick them up tomorrow 6 morning at 9:00 at Becky's house. 7 And I turned around, and he was getting, 8 going into his van, and I was about getting in mine, and 9 she was walking down, and that was the only thing that was 10 said because we were together, and it was-- they were split 11 very quickly. There was no conversation. I was right 12 beside-- I was in front of him at the time, and I even 13 turned around to put my baby in the car seat, and he had 14 already gotten in his van and was backing away. And I had 15 no idea where she went. There was not enough time for any 16 kind of conversation because I was standing right there. 17 Q So her recollection of the conversation and 18 your recollection are very different? 19 A Yes, I was right there. There was no 20 conversation. There was no time to have a conversation. 21 It was so quick, because I was-- he said, you can pick them 22 up at Becky's house tomorrow morning at nine, because I was 23 right there and he pointed right at me. I turned around, 24 and he was getting into his van. And I have no idea where 25 she went. And, of course, I put my baby in the car seat, 65 \01 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 , I I. .-- _L . . I, " ~H 'ilL; '"" o . 1 so everyone was gone by the time I even got back in my 2 driver's seat. He was pulling out of the parking lot. 3 MS. ETTER DISSINGER: I have no other 4 questions. That's all I wanted to ask you about. 5 THE COURT: Mr. O'Brien. 6 CROSS EXAMINATION 7 BY MR. O'BRIEN: Q Did he bring the children over to your house? A No, they spent the night with me last night. We had a Sleep-over. Q You've had a number of sleep-overs on his evenings during the summer? A Uh-huh. Q Was the father present at these sleep-overs? A Oh, he always comes over. As a matter of fact, we had dinner last night. I had made some homemade spaghetti after practice, and he had picked the girls up and come over, and we had dinner and, you know, we all hovered around the table. My house is quite small. We had a big dinner. Q A Did he spend the evening there? No, he does not spend the night at my house, 24 but he was there until probably about 9:30, quarter of 10. 25 Q But the children had spent a number of 66 \rft 10 ",""""",- ~ : '.-, ,c_ I_I," o 41 1 evenings-- 2 3 A Yes. Oh, yeah, I want them to. THE COURT: Wait. You have to let Ms. 4 O'Brien finish his question. 5 6 MR. O'BRIEN: I have no other questions. THE COURT: I don't think you finished that 7 question though. It started, but you have spent, and I 8 think that was about it. 9 BY MR. O'BRIEN: Q You agree then, that the children had spent 11 a number of evenings at your home? 12 A Yeah, they spend quite a number of evenings, 13 yes. 14 15 16 17 18 19 20 21 22 Q And the father would bring them over, spend some time, and then left and go back to his home? A Yeah, I usually make dinner. We have a dinner together. I'm very close with my brother, and he spends many hours with me at my home because I'm very close with him. Q Would he then pick the children up the next morning or might you keep them if he was working? A No, he usually comes over in the morning. 23 As a matter of fact, sometimes he's there before I'm even 24 awake. He comes over to do breakfast or whatever. We 25 spend time in the morning because I work at the same 67 ..' ,~~-I,,~,,- ' \rft 11 " I ~-,I.'" " ,L . c o 1 2 3 restaurant he owns, so Q Okay. MR. O'BRIEN: I have no other questions. 4 Thank you, ma'am. 5 MS. ETTER DISSINGER: No other questions, 6 Your Honor. 7 THE COURT: You may step down. Thank you. 8 Mr. O'Brien, did you have any further witnesses at. this 9 time? 10 11 MR. O'BRIEN: Can I-- THE COURT: Certainly. 12 MR. O'BRIEN: I have no other witnesses, 13 Your Honor. 14 THE COURT: All right. And Ms. Etter 15 Dissinger, I understand that you wish to present one 16 further witness in the person of Elaine Rissinger, a 17 counselor at Mazzitti and Sullivan, is that correct? 18 MS. ETTER DISSINGER: That is, Your Honor. 19 THE COURT: All right. We'll enter this 20 order: 21 (Whereupon, the following Order of Court was 22 entered:) 23 ORDER OF COURT 24 AND NOW, this 15th day of August, 2001, upon 25 consideration of Plaintiff's complaint for custody with 68 ~ .' " I, .,j.--,-.- o o 1 respect to the parties' children, Danielle Nicole Marsh 2 (date of birth, December 20, 1988), Alicia Christine Marsh 3 (date of birth, December 20, 1988), and Aaron Robert Marsh 4 (date of birth, October 21, 1991), and following a hearing 5 held on this date which has not yet been completed, the 6 record shall remain open, and a resumption of the hearing 7 for one-half hour is scheduled for Monday, August 20, 2001, 8 at 9:00 a.m. 9 It is noted that the purpose of the 10 resumption of the hearing is to permit the Plaintiff to 11 present a final witness in the person of Elaine Rissinger, 12 a counselor at Mazzitti and Sullivan. It is noted further 13 that no exhibits had been identified or admitted in the 14 hearing on today's date. 15 By the Court, 16 Isl J. Weslev Oler. Jr. J. 17 18 THE COURT: So we'll see you on August 20 at 19 9:00. Court is adjourned. One more item, I think, 20 probably should be put on the record, and that is, neither 21 party wishes the Court to speak with the children in the 22 case, and the reason for that is that, the parties wish to 23 avoid stress upon the children. Is that correct, Ms. Etter 24 Dissinger and Mr. O'Brien? 25 MS. ETTER DISSINGER: Yes, sir. 69 \\\ , , 'I = ,__ t ~\-:- ;1.1 o . 1 MR. O'BRIEN: That is correct, Your Honor. 2 THE COURT: All right. We'll add to the 3 order: 4 It is noted further that neither party is 5 requesting that the Court speak with the children in this 6 case so that they will not be put under any further stress. 7 By the Court, 8 Isl J. Weslev Oler. Jr. J. 9 10 (Whereupon, the proceeding adjourned at 11 11:03 a.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 \\'d' l .~. "'0 'I '".' .--1 "'I.., ' ," '-''', 'ilWt;' o . 1 2 3 August 20, 2001 In Chambers 9:00 a.m. 4 (Whereupon, a telephone call was placed to 5 Dr. Elaine Rissinger.J 6 THE COURT: Is it Dr. Rissinger? 7 DR. RISSINGER: It's Dr. Elaine Rissinger. 8 THE COURT: Dr. Rissinger, this is Judge 9 Oler, and we are reconvening the case of Marsh v. Marsh, 10 and the attorneys are present in court. I will ask them to 11 introduce themselves to you, and then we will swear you in. 12 MS. KOENIGSBERG: Hi, Doctor. My name is 13 Karen Koenigsberg. I'm filling in for Mary Dissinger 14 today. 15 MR. O'BRIEN: Good morning. My name is 16 Robert O'Brien. I represent Kathy Marsh. 17 DR. RISSINGER: Good morning. 18 THE COURT: Dr. Rissinger, would you raise 19 your right hand, please? 20 DR. RISSINGER: Yes. 21 Whereupon, 22 ELAINE S. RISSINGER 23 having been duly sworn, testified as follows via telephone: 24 DIRECT EXAMINATION 25 BY MS. KOENIGSBERG: 71 ,\0 ~' , .... ,1--1, ,"-', , 1-..::....' 'I "h l.ii ~ i 40 o 1 2 3 Q Doctor, can you state your name for the record? A My name is Dr. Elaine S. Rissinger, 4 R-i-s-s-i-n-g-e-r. 5 6 7 8 Q A How are you employed? I'm employed by Mazzitti and Sullivan Counseling Services. A What is your business address? 9 A 3207 North Front Street, Harrisburg. 10 Q And what is your occupation? 11 A I am a therapist. 12 Q Can you tell the Court a little bit about 13 your education? 14 A I graduated from Shippensburg University 15 with a degree in elementary education in 1965, taught first 16 grade, and then went back and got my master's degree in 17 counseling in '67. Then I got a job as a middle school 18 counselor later on, went up to become a senior high 19 counselor, went back, got my doctorate from Temple 20 University. I finished that in 1991. And I have been 21 working with Mazzitti and Sullivan Counseling Services 22 since '91 as a therapist. 23 Q Okay. Thank you. What percentage of your 24 practice involves working with children with divorced or 25 separated parents? 72 \\11 ." '". ,,' ,_ ~ 'n _, _, ,=--," __ ,,~' , ---~ ""'M ',- ,~.. ',I" c . 1 A Probably about 40 percent. I have been-- I 2 studied with-- strictly with Barry Strickland, and I have 3 been a member of the Professional Academy of Custody 4 Evaluators. I've been doing that since 1986. 5 Okay. How are you familiar with the parties Q 6 in this action? 7 8 A Q Pardon me? How are you familiar with the parties in 9 this action? 10 A They came to me a year-- about a year ago, 11 both Mr. and Mrs. Marsh. They brought Aaron in. I worked 12 with Aaron for a few sessions, and then I believe at the 13 beginning of May, they came back to see me because Mr. 14 Marsh was requesting 50 percent visitation, custody and 15 16 17 18 19 20 21 22 23 visitation. Q Okay. What was the custody arrangement at the time that you saw them in May? A Just a minute until I look at my notes here. I think the father was seeing them every other weekend and Wednesday nights. It was a more-- it was a custody arrangement where Kathy, the mother, had them mostly during the school day, during the school week, and they shared them on weekends and holidays. And I believe Wednesday 24 evening, he had them until Thursday morning. 25 Q Okay. Is that in your notes? Are you sure 73 \\~ 1_ J ~ _. ~__, I" 'l_'I, ..i....~~ o o 1 about that? 2 THE COURT: I think it's on record what the 3 arrangement actually was, if I'm not mistaken. 4 THE WITNESS: I have to look through my 5 notes. I have it here. I think they had-- Sunday~ 6 Wednesday, and Friday evenings until 6:15 p.m. 7 BY MS. KOENIGSBERG: 8 9 10 11 12 13 14 15 16 17 18 19 Q A Q Okay. It's in my notes. Okay. Did that arrangement change after they came to see you? A Yes. Q And what did it change to? A We changed it-- I spoke with them in May, and we decided to try for the summer. We tried a three day where one would have them from Friday a.m. to Sunday p.m. then the next one would have them from Sunday p.m. to Wednesday a.m. We tried a more equal 50/50 custody arrangement or visitation. 20 Q And have you been monitoring that 21 arrangement since it started? 22 A I have been monitoring it, yes. I've been 23 monitoring it with the parents. When I spoke to the kids-- 24 I spoke to the children-- the parents and I got together. 25 We decided that we would try it for the summer. I 74 \\V 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -. 1,1 , . --1-, ,.' o . 1 presented it to the children. They were not real excited 2 about it at that point, but the children agreed that we 3 would try it for the summer, and we would re-evaluate it at 4 the end of the summer before school started. 5 Q And how did the arrangement work throughout 6 the summer, in your opinion? A I think it worked pretty well. It was a little hard to kind of see what kind of problems were going to crop up because of the summer vacations. They would have a week with one parent and then a week with the other parent. So it was very confusing for the children at the beginning, but I think because they were with parents and they were with extended family, they had a good time and they did enjoy it. Q Did they overcome any of this confusion towards the end of the summer? A They still complained about where their stuff was, about having clothes. They enjoyed the change. They-- in fact, they are the ones that recommended they wanted it to continue this way. Q For the upcoming school year? A They still were not quite sure about schedules, and some of the concerns they had still existed by the end of the summer. Q Are those concerns something you think can 75 ~ _I " 1,1 -1,-' ,.,1,->.. _ .4. ,"_ '~(f_h o . 1 be overcome? 2 A I think they can be overcome with 3 cooperation between the parents. These kids are excellent, 4 excell~nt kids. They're very bright. They're very active. 5 And th~ mother has done an excellent job providing a 6 structure for them, so that they know what they have to do. 7 They have their homework monitored. They are-- they 8 function, and they function well with a structure. 9 One of my concerns was with the three-day 10 exchange and exchanging during the week, that this 11 structure would be interrupted. And that's why my 12 recomm~ndation was to go for six weeks until the midterm of 13 the first report period to monitor their school activities 14 to see if there is a significant change. 15 Q In your opinion, do you think the father in 16 this case is capable of ensuring that the kids do their 17 homework and provide them with that same structure? 18 A He has said that he would do this. Because 19 we have only tried this during the summer, that remains to 20 be seen. He has agreed that the structure is important. 21 He has agreed that there has to be consistency. 22 Q Okay. Do you see any reason right now to 23 change the current situation for the school year? 24 A At this point, because the children wanted 25 to remain this way, I agreed to make this recommendation. 76 \\~ 'L,C,:;:>f,: 1 I o . 1 I said to the children at the very beginning that I was 2 going to be their advocate with them. We would see how it 3 worked for them. They say they want this to be-- to remain 4 the same. I've talked to them about my concerns, about 5 bathing and brushing their teeth and getting enough sleep 6 and getting their homework done. And they know that 7 there's some responsibility on their part to maintain a 8 structure that will be profitable for them. 9 Are they old enough to begin to start Q 10 working on those types of things on their own? 11 12 13 A I think. Q With the help of their parents? A That's one of the things we're going to see 14 with the six weeks. 15 16 Q Okay. A They really didn't have to do that this 17 summer because they didn't have the intense schedule that 18 they have right now, and they're all achievers, so the 19 structure is very important. 20 Okay. Did you prepare a report based on Q 21 your services to the Marshes? 22 I did. A 23 And is that report dated August 4th, 2001? Q 24 Yes, it is. A 25 Okay. Can you tell the Court what your Q 77 , ' 'i;.i' ~ "b~~ ~n-,~l'~~ cr:~ \\q "f_'!,'i) , I I ,,,,;-k.;-. .i-I... " L...;-'i_,- o o 1 recommendation in this case would be? 2 A My recommendation at this point is that we 3 will keep the three-day schedule with the 50/50 custody 4 until the mid October when we get the first report period. 5 Usually at that point, the teams of teachers for the two 6 girls would have an idea of how they are doing, and Aaron's 7 teacher would. And I have said to the Marshes and to the 8 children that I will monitor that. 9 I will speak with the guidance counselors-- 10 the guidance counselor, I would imagine, for the girls, and 11 then Aaron's teacher, to see if they see any changes and if 12 they see whether this schedule is interrupting their 13 ability to concentrate or their ability to be prepared for 14 their classroom. 15 16 17 18 19 20 21 22 23 24 25 Q Is that recommendation consistent with your report that you wrote? A Yes, it is. Q Okay. MS. KOENIGSBERG: I have no further questions, but I'd like to move to admit the report at this time. THE COURT: All right. We'll have that marked as Father's Exhibit 1. (Whereupon, Father's Exhibit 1 was marked for identification.) 78 ,IP 1!i"Y, " " 1 _I ~, ,,_ '.'. ~: o o 1 THE COURT: Mr. O'Brien. 2 CROSS EXAMINATION 3 BY MR. O'BRIEN: 4 5 Q A Yes. Dr. Rissinger, can you hear me? Yes, I can. 6 Q Did you observe and note and comment to my 7 client, the mother, that the father still appeared angry 8 over this situation with the children? 9 10 11 12 13 14 15 16 from? A Q Yes. And what did you feel that anger stemmed A What it stemmed from? I would imagine, the divorce and the fact that they still have unresolved issues between themselves. And my concern is that this not impact upon the children. Q Did you also note that Mr. Marsh indicated 17 he didn't want quality time with the children, he just 18 wanted his half time with the children? 19 A That's come up a couple times. And he 20 didn't say that he didn't want quality time. That was one 21 of my concerns, because the main issue as we worked this 22 out was the vacations and with the 50/50. The main issue 23 from Mr. Marsh's side, he wanted to make sure everything 24 was equal. 25 Q Is Mr. Marsh capable of compromising in this 79 \1\ - - ,.,1......1 -,' ; . I ~, ., ,k c " 1 2 3 4 regard if the best interest of the children are not being served by the 50/50 time frame? A I'm not sure of that. Hopefully, as we go through this, there will be compromises made. 5 Q Did you indicate that, and I believe you did 6 state, that you feel that the children had a very solid 7 base in their mother's home, and that's why they are so 8 successful to the point that we are at this point in time? 9 A I agree, yes, absolutely. This structure 10 has been very important to them. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did the children indicate that a lot of their satisfaction with this arrangement over the summer was because they were spending time with other members of the father's family? A Yes. Q So it's not so much that they want the extra time with their father, but they want extra time with his family? A They do want extra time with their father, but they have certainly enjoyed the involvement with other family members. One of my concerns was the fact that when they went to their father's house, they really weren't sure where they were going because there was a lot switching around and, of course, that was because there was-- it was in the summer, and there were a lot of activities, and we 80 ,9 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 I 'I. , J -' ,-~ . I '" ~ I, '^ '''',1;' c . didn't need the consistency then that we do now. Q Did you find that my client was very cooperative in working this out for the children? A Yes, I did. Q And you are aware, of course, that my client is in opposition to your recommendation? A I am aware of that. Q So your position in this regard is, as the children's advocate, voicing what they want at the present time? A Yes, I have said that from the beginning, that if I got involved, it would be as the children's advocate. Q And if the children came to you in six weeks or six months and said that they were not happy with the arrangement, you would indicate that to the Court? A I would make that known, yes. MR. O'BRIEN: Thank you, ma'am. I have no other questions. THE COURT: Ms. Koenigsberg. MS. KOENIGSBERG: I just have a few questions. REDIRECT EXAMINATION BY MS. KOENIGSBERG: Q You indicated that you think the father is 81 y;rJ "l.l" , 1",,- ~ ,~-I, ,,', ,~, , ;1- ,;;,,; o . 1 still angry over the situation with the children and the 2 divorce. How has that anger impacted the arrangement 3 through the summer? 4 A I think he was less willing to compromise on 5 pick-up times and drop-off times when there were-- there 6 was one time where it was real important that rather than 7 to have the children get up at 6:00 in the morning to go on 8 a vacation-- 9 (Whereupon, the telephone connection with 10 Dr. Elaine Rissinger was interrupted.) 11 THE COURT: While we're waiting for Dr. 12 Rissinger to come back on the line, do you want to move the 13 admission of Father's Exhibit I? 14 MS. KOENIGSBERG: Yes. 15 THE COURT: Mr. O'Brien. 16 17 18 19 20 21 22 23 MR. O'BRIEN: No objection. THE COURT: All right. Father's Exhibit 1 is admitted. (Whereupon, Father's Exhibit 1 was admitted into evidence.) (Whereupon, the telephone connection with Dr. Elaine Rissinger resumed.) THE COURT: I think we lost you for a 24 second. That's all right. I'll put you back on the 25 speaker phone. All right. Ms. Koenigsberg. 82 \if~ ,-~ - '11- ,,-I: '-I -,-,,1... -J, o o 1 BY MS. KOENIGSBERG: 2 3 Q A Doctor, do you remember the question? Yes, and I guess he seemed less willing to 4 compromise. That was the basic thing. It seemed more 5 important that the time be equal rather than the children's 6 needs be addressed with switching back and forth. 7 Q Okay. You mentioned that there is one 8 incident. Was that the only incident through the summer, 9 the vacation? 10 A Oh, that's the one I remember. I'm trying 11 to think. That's the latest one. That's the one that 12 comes to mind. 13 Q Has that effected the children at all? 14 A No. 15 Q You also talked about mom's household having 16 17 18 19 20 21 22 23 24 25 a solid base and a structure? A Yes. Q But father did have custody every Sunday, Wednesday, and Friday prior to the 50/50 arrangement, right? A Correct. Q And how did that effect mother's structure in her home? A Q I'm not sure. Well, what I'm asking is, if he had the 83 \Jb ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 , ',-1--- . --',I, -.- < I-"E o . children three out of every seven days, wouldn't that show that he was willing to go along with mom's structure and help out in that way? A It could show that. We really didn't discuss that. Q Are you aware of any problems that occurred prior to the 50/50 arrangement? A No, not serious ones. Q And you indicated that your opinion is consistent with what the children want? A Yes. Q Do you believe what they want is in their best interest at this time? A If this can work, and these parents can cooperate, and the structure can be maintained, yes. Q And do you think that that is a possibility in this situation? A I think so or I wouldn't have recommended it. MS. KOENIGSBERG: Okay. I have no further questions. THE COURT: Mr. O'Brien. RECROSS EXAMINATION 24 BY MR. O'BRIEN: 25 Q Doctor, you are aware that prior to this I 84 \?,lU _I J ','--j,," I ;--,I~ ~' "~ --L""""'I', o . 1 experiment over the summer, that the evenings that the 2 father received the children that they had been-- they had 3 completed their homework, they had had dinner with their 4 mother, and that basiccally they just went over and spent 5 the evening and the overnight with the father? 6 A I am aware that most of the time spent with 7 the father was kind of free, fun time, and that the mother 8 did oversee the structure, yes. 9 MR. O'BRIEN: Okay. That's the only 10 question I had, ma'am. Thank you. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REDIRECT EXAMINATION BY MS. KOENIGSBERG: Q Doctor, throughout the summer, are you aware of whether the father had dinner time or had a set schedule for the children? A I don't know that there was a set schedule. They-- I know they had dinner together. Q Okay. MS. KOENIGSBERG: Thank you. THE COURT: Mr. O'Brien. MR. O'BRIEN: I have nothing further. THE COURT: Dr. Rissinger, thank you very much for your testimony. THE WITNESS: You're welcome. THE COURT: You are excused. 85 \);' : " ~ ~,' I" "" I ._ " " -, I', , ~ ' " '~.~i~,!p-;'i, o ;0 1 THE WITNESS: Thank you. Bye. 2 THE COURT: Bye. Okay. We'll enter this 3 order: 4 ORDER OF COURT 5 AND NOW, this 20th day of August, 2001, upon 6 consideration of the complaint for custody in the 7 above-captioned matter, and following a second period of 8 hearing, the record is declared closed, and the matter is 9 taken under advisement. 10 By the Court, 11 Isl J. Weslev Oler. Jr. J. 12 13 THE COURT: And I'll try to have a ruling 14 within the next couple days. 15 (Whereupon, the proceeding adjourned at 16 9 :21 a.m.) 17 18 19 20 21 22 23 24 25 86 \'}~ ..~~- '67 [1) 72: 17 '91 [1] 72:22 o 01-1873 [lJ 3:6 1 1 [6] 3:278:232482:13,17,19 10 [5] 5:816:17 38:6 66:24 10,42 [1] 63:3 10,53 [1] 63:4 lOth [3] 6:229:1816:7 11 [5] 4:1638:642:5,10,12 11,03 [1] 70:11 12 [3] 4:255,242:20 15 [3J 3.16,1818:16 15th [IJ 68:24 16 [1] 363 19 [1] 4:18 1900 [2] 1:19,24 1961 [2] 4:12,18 1965 [1] 72: 15 1986 [2J 4:2013:4 1988 [4J 4:245:269:2-3 1991 [3] 5:469:412:20 1996 [1] 10:8 1997 [2] 4:2131:9 1998 [1] 4:22 1,00 [2J 48:2,4 1st [lJ 9:18 2 2 [3J 5:14-15 48:2 20 [8] 4:245:263:969:2-3,1,1811:1 2001 [6] 3:1 68:24 69:7 71:1 77:23 86:5 20th [1] 86:5 21 [2J 5:469:4 23 [IJ 4:12 24 I1J 54:19 3 3 [5] 4L19 42:1 54:4 63:19 64:1 3/4 [1J 9:20,2212:1614:115.2216,14 18:3 3207 [IJ 7209 360 [214'121,11 39 [2J 4:1611 3,00 [IJ 39:15 4 4 [3] 4:2036:353:11 4/3 II~ [7) 9:20,22 18:3 40 12J 4:1113:1 40-hour [IJ 29:7 4th [5J 26:1746:19212377:23 14:715:2216,14 5 50 [lJ 73:14 50/50 [6J 14:1878:379:2280:283,1984:7 6 6 17J 5,136:4,6-737:3,5,10 6,00 14J 10:348:1451:882:7 6,15 [2J 8:974:6 7 7 [5] 41:19,2542:5,13 54:4 7th II) 3923 8 8 [4118:1737:3,5,10 8,00 I1J 40,1 9 9 12J 18:1743:23 90 (I] 52:22 9,00 [14] 5:166:48:1010:32521,2426: 3,5-6,1365669:8,1971:3 9,16 [IJ 3:3 9,18 I1J 4:6 9,21 I1J 86:16 9,25 II) 4:7 9,30 I1J 66:24 A A 1257J 3:4,84:1,5-6,14,185:2,10-11, 13 8:2,4,15,20-2110,18-19,24 11:2, 11,1912:1,8,15,1113:9,15,1915:1, 12-14,2116:14,1817:7,11,14,22,24 20:9,13,23 21:1,4,9 22:1.5,1 23,5,8 24:21,23 26:3-4,17,20 27:20 28:9-10, 2329:7,15,17,1930:15,1931:16,25 32:2433:334:3,11,13,1635:2-3,9, 1536:8-9,18,2237:3,9,16,1838:1 39:3,6.10,18,22-2340:1,3,14,21,23- 2441:2,5,8,10-11,16,18,22-2442:2, 5-6,10-14,1643:3,1644:2,2145:5,8, 2546:13,2447:13,17-1848:4,15,22 49:1.15,18,22 50:13,17 51:11 52:5, 18,2053:11,13,16,20,2354:11-12,16, 2155:1,16,2157:11,13.15,2358:3,7, 10,1459:1,3,7,9-11.2460,661:10, 13,2562:5,2263:2-364,8,10,13 65: 2066:11-12,16.21,2567:11-12.16,23 68:1669:4,6,11-1271,472:3,8,11- 12,15,17-18,2273:3.10,12,18,2074: 15,1875:7,10,13 76:5,8,14 77:7,16, 20 79:19 80:6,11,23,25 81:21 82:4,8, 2383:16-17 84:16 85:14,16 86:7,13 A.m. 18J 3:34:65:1663:369:871:374: 16,18 A/B [lJ 5:17 Aaron [15J 5:336:2037:20,2538:541,21 43:1,1656:18,2157:269;373:11-12 Aaron's 13] 37:478:6,11 Ability [4] 48:862:878:13 Able [10] 3:12,146:9,1418,1020:17,19 42:21 49:4 50:21 About [491 8:10 11:4,20 15 15,25 17:14 22, 724:1325:1127:18,2028:1632:20 36:2 41:22 43:4,25 45:17-18 47:24 48:11,2349:2,1851:2255:1557:7, 1158:1364:565:1.3,866:4,24678 72:1273:1,1074:175:2,17-18,2277: , t___~1 483:15 . Above-captioned [IJ 86:7 Absolute [1] 32:11 Absolutely 110J 13:6,23 14:9 17,6 18:8,11 28:1 29:2480:9 Academic [2] 18:459:18 Academy [IJ 73:3 Acceptable (2J 16:1219:6 Accommodating 17J 25:1527,10-1133:13 34:9 49:10 AccompliShing I1J 27:22 According I1J 46:22 Achievers I1J 77: 18 Acolyte [IJ 44:10 Acrimonious [IJ 46:20 Action [2J 73:6,9 Active [2] 43,876:4 Activities [IIJ 36,14,24-2537.1439:840,19 42:1 59:11 76,13 80.25 Actually [8J 28:1836:346:950:2354:2464: 10 65:1 74:3 Add [2J 82470:2 Additional 12J 19:4,8 Additionally 12J 9:617:10 Address (2) 5:1072:8 Addressed (IJ 83:6 Adjourned [3J 69:1970:1086:15 Adjusted [IJ 59:19 Administer [IJ 14:19 Admission [1] 82:13 Admit [4] 20:922:4,678:20 Admitted [3J 69,1382:1819 Adultery [IJ 10,21 Advantage I1J 27,12 Advisement [ll 86:9 Advocate [3J 77:281:9,13 Affirmatively [1] 59:16 After [14] 9:2,11,1910:1411:1112:1424: 1144:2446:1055:1556:966:1874: " Afternoon (6J 34:1246:23474,1012 Again [3J 24:1554.1763:21 Age [4J '1,11,175:441:23 Ages 1217:1535:14 Ago I1J'13:10 Agree [4J 11:1932:1567:1080:9 Agreed [9] 9:2011:2117:13 20:5 32:13 75: 276:20-21,25 Ahead [3J 39:1960:24 65:1 Alicia [5J 4:2540:158:1169:2 All 144J 3:255:4,20,236:8,10,13-14,16, 2516:1017:118:5,1421:1830:6,10 33:20 35:8 37 20 38:21 39:21,25 40: 7 42:1 45:23 55:8 56:16 61:18 62:14, I-.l, , >;.....""",j",,.~;, 21 63:1,10 66:4,19 68:14,19 70:2 77: 1878:2282:17,24-2583:13 Allowed [IJ 34:14 Allowing [1] 34:23 Along [6] 8:2410:711:813:1952:484:2 Already [2] 8:2565:14 Also [20] 5:2,106:14,23 27,4,1129:2536:23 9 46:16 54:21 60:15 9:622:1623 41:5,2343:3 79:1683:15 ,20 44: Alternate !IJ 50:20 Alternating [3] 10:145:1,15 Although [IJ 63:7 Always 114] 25:6-728,93302040:6,943:4, 10 44:6 55:16 58:8 59:11 66,16 Am 113! 4:7 6,4,12,15 8:10 16:2 63:4 64:370:1172:1181:785.686:16 Amoun t 14J 9:719:1023:850,25 An 1201 5:8 6:2,18 7 25 12.9,21 13:21 17:1119:1030:19412242:5,1247, 13 53:19 61:24 62:25 76.5 78:6 And {464J 3:44:1,10,13,17,22,245:2,4, 13,19,236:6,10,13,18,20,247:14-15, 20-21 8:4,9,15,20-21,23 9:2,4-5,7, 19,2210:3-5,13-14,16-1911:3,10,15, 18,21-2412:1-2,8,2413:9,16-17,22 14:1615:2,6,12,1416:2,15,20-2117. 4,12,14,17,23-2518:10,18,2119:4-5, 9,15,1920:1,9-1022:223:4,18,20, 22-23,2524:11-13,17,2025:6,10,15, 2326:3,7-8,17,2427:2,4,7,9,12,17, 19,21,2428:3,9-10,17,2529:530:15 31,5,8-9,18-20,22,2432,3,5,8,11-13, 1733:6,10,14 34:3,7,16 35:2,5-6,12, 15,18 36:2-4,19,21-23 37:3-5,7,11, 17,21,2338:3,6-7.10-11,14,18,22,25 39:1,7-8,17-18,21,2340:2-4,14-16 41:7,9-11,13,22 42,1,5,11-14,20-21, 2543:8,11,14-15,17,21,2344:3,9,17- 18,2545:2,5-6,12,18,23-2446:5-6, 10,15-16,18-19,2447:1,5,8,10-11,13, 15,18-19,22,2548:1,5-6,8,15,19-20, 22-24 49,4,8-9,21 50:7,19-21 51:7,9, 13,15-16,18,22-2452:2,6,12-15,23- 21 53:7-8,19,25 54:17 55:3-5,8,13, 17,2056:1857:6-7,1258:1,19,2559: 4,10,1460:1-2,12,19,2461:3-5,10, 15-16 62:3,6 63:4 64:11,19,24-25 65: 1,3-4,7-10,12-14,17,23-2566,18-19 67:7,14-15,1768:14,17,2469:3-4,6, 12,20,22,24 71:9-11 72:6,10,16,20- 2173:2,11-12,14,19,22-2374:6,13, 15,20,2475:3,5,10,12-13,2376:5,8, 10-11,1777:5-6,18,2378:6-7,10-11 79:6,10,13-14,19,22 80:5,7,24-25 81: 5,14-15 82:1,5 83:3,6,16,19,22 84:2, 9,14-1685:4-5,786:5,7-8,13 Anger [5J 20:9.14 15 79:10 82:2 Angry [4J 33:547:1979:762:1 Another IIJ 38,1845:2257:2061:18 Answer {10J 12:24 13 1 21 5 53:1-2,6,8 60: 8.2464'16 Answers [1] 21:6 Antibiotics [IJ 33:4 Anticipate 12J 37:16,18 Any 127J 3:1514:7,1815:2518:326:14 27:8 32:20 38:10 47:16 49:14 53:3 57:23 58:19 59:23 60:4,9 62:18-19 64:16 65:15 68:8 70:6 75:15 76:22 78:11 84:6 Anything 112J 20:1525:1926:9-10,152722 32:2533:1-243:1447:849:3 Appeared [1] 79:7 Approached [3] 24:1248:2464:12 Appropriate !3J 15:5,8-9 Apri 1 [2] 4:2131:8 Aquarium \~r;,\ [IJ 41:7 -PI Are [83J 4'10,235:5,17 6:9,13 7:18 14: 20 15:11 16:10 11,13 18:19,21,23 19: , 10,16,2420:2,1723:424:1,1227:4 26:3,21-22 29:4,21,25 31:6 35:19,23 36:14,17,2337:14,1638:1439:5,23 41:5 42:3-4,23 43:2 46:17 49:12 52: 21 54:8,16,24 55:4 56:7 57:6 58:11 62:3 64:2 65:18 71:9-10 72:5 73:5.8, 25 75:19,25 76:3,7 77:9 78:6 80:1,7- 8 61:5 84,6,25 85:13,25 Arguing [1] 27:21 Arms (IJ 17:22 Around [12] 8:914:321:1522,2226:1741: 10 59:2 65:7,13,23 66:20 80:24 Arrange [3] 8:1516:1654:10 Arranged [1] 8:24 Arrangement [27J 5:7,11,246,66:11,13-149:1.4, 9,13 10:13 12:16 25:2 26:2173:16, 2174:3,10,19,2175:580:1281:16 82:263:1964:7 Arrangements [4] 26:1143:2054:1258:2 Arrive [1] 8:13 As [76J 3:197:5,258:16,21,249:310: 2511:2,1112:1,6,1814:1715:12-14, 23 16:16 17:2,13-14 19:6 20,19,24 23:1025:3 26:5 29:9,19 30:12,25 32: 25 35:22 36:8 37:15 39:6 40:17 41: 1843:4,1244:1,1148:2450:1251:2 57:1259:763:1366:1667,2371,23 72,17,2278:2379:2160'381:8,12 Aside [1) 6:17 Ask [15] 12:13 25:15,18-19 33:9 43 4 52: 9-10 55:13-14,23 61:16 66:4 71:10 Asked [9) 27:24 34:7 38:4 41:5 45 7 47:15 52:13 55:4 61:4 Asking [9J 10:1211:926:2,1638:351:3,16 60:21 83:25 Assist (I) 60:9 Assistance [2] 10:9-10 Associated (lJ 37:14 Assume [1] 5: 21 Assumed [1] 65:2 Assuming [1] 63:1 At [132J 3:54:6-7,12,16 6:4 7:19 8:13, 249:2,610:2-3,1011:1614:2515:5 16:17-18,2417:11,2418:519:2520: 121:1822:5,10,13,15,1624:525:20- 21,24 26:2,5-6,12 28:3,22,24 30:9 32:8 33:8 34:1,3 35,4 36,16,18,25 31:2,6-7 38:11,17 39:14-15,20 40:1, 10 42:2 43:23-24 44:6,22 45:8,23,25 46:2,746:2,11,14 50:5 51:2,8,20 54, 5,955:2,4,6-7,14,21-2256:1657:21 60:6 61:3-4,6 63,3-4 65:6,12,22-23 66:15,2361:11,18,2568:8,1769:8, 12,1870:1073:12,16,1815,2-3,11 76:24 77:1 78:2,5,20 80:8 61:9 82:7 83:13 84:13 86,15 Attack [1] 27: 21 Attempt [1) 34:20 Attempted [2] 33:1340:6 Attend [6J 18:720:528,732:13,1543:21 Attorneys [IJ 71:10 August [9] 3:14:1863:968:2469,7,1871: 1 77:23 86:5 Aunt [1] 59:4 Auntls [1] 22:15 Avail [1] 11,6 Available [2] 30:12,14 Average [IJ 13:21 Avoid [1] 69,23 Awake {l] 67:24 - Aware [6J 81:5,784 585:6,13 Away (9] 16:1.3 26:17 29 21 30:1 51:12 54,17,1965:14 B B (2) 5:13,15 Baby [5] 17:14 35:15-16 65:13,25 Baby-sitter [2] 17,7,14 Baby-sitting [2] 11:13,16 Back [31] 6:2011:324:12-13,1527:2126: 10 31:12 35:3 37:16,23 38:4,12 40:7, 17 41:16 43:23 45:2,19 46:1-2 47:3- 4,24-25 48:6 49:4 61:7-8 66:1 67:15 72:16,1973:13 62:12,24 63:6 Background [1] 3:13 Backing [l] 65:14 Bag [1) 36:25 Bake [1] 33:24 Baking [1] 33:25 Ball (5) 13: 11 21.14 57:20-21 61: 10 Balls [2J 38:1761:3 Baltimore [1] 41:6 Band [5] 36:2340:14 56:2,7,15 Barely [1] 43:2 Bargain [1] 35:6 Bargaining [2] 6:2133:10 Barry [1] 73: 2 Base [2] 60:163:16 Baseball [1] 15:12 Based [1] 71:20 Basic [2] 54:563:4 Basically [9] 13:20 26:8 26,4 32:24 37:12 41: 16,25 50:11 56:13 Basiccally (I] 85:4 Basis [5] 8:1513,915:2216:14 28:23 Bathing [1] 77: 5 Be [89] 3:185:116:510:311:612:5 17,1,16,24 18:10 21:25 24:3-4 25,5, 15-16,20,24 26:12 27:6 28:23 30:12, 1733:3,12-13 34:9,16 36:6,22 37:9, 1136:11,13 39:10,15,17 40:5,12 41: 3,11,2042:1.4,2144,10,22,2545:20 46:4-5,13,;1.747:9,13,2248,249:4, 10,14,1751:5,1354:1256:2457:8-9 61:19,2262:769:2070:676:1-2,11, 20-21 77:2-3,8 78:1,13 60:4 81:12 63:5-684:15 Because [56] 9:511,221,622:2125:2326: 12,21 27:14,17 28,3 32:16 33:9 34: 17 35:3 37:18,25 38:2,5 40:11 41:2 42:1945,2247:1348:16.2052'2,12 53:2155,1,9,15,1857:1158:3,961: 5_765'2,10,16,21_2261:18,2573:13 75:9,1276,18,2477:1119:2160:13, 23-24 Becky [10] 22:634:135,12,1536:655:6 57:658:259:463:7 Becky's [7J 22:525:2058:261:665:6,22 Become [2] 43:612:18 Bed [lJ 5023 Been [63] 3:145:247:5,256:7-6,259:11 10:13,1812:2216:2119:1423:1-2,7- 627:10,2328:330:20,2533:11"18, 21,2334:5,9,13-1435:936:7-837: 2236:1647:648:1,1350,2155:2,7, 957:4,15,19,2261:1,1663,1369:5, ,,~.L..l 1371:2372:2073,1,3-4741,2,,2280, 1085:2 Before [13] 5:146:2114:1530:14 3b:144: 1 45:18 46:25 47:8 55:17 60:1 67:23 75:4 Begin [2] 14:977:9 Beginning [8] 16:17 37:6 45:24 46:8 73:13 75: 1277,181:11 Being [6] 6:1614:1727:161939:1860:1 Believe [13] 9:1810,627:1929:935236:9 49:7-857:473:12,2380:584:12 Belong [1] 44:8 Bend [1] 27:10 Bending [IJ 27:11 Beneficial [2] 13:4,6 Benefit H] 49:14 Beside 11] 65:12 Best [6] 10:1543,1944,2449:480:164: " Bet [1] 23:8 Better 11] 32:17 Between [10] 8:4,2113:918:15,1721:137: 1762:976,379:14 Bible (1) 44:5 Big [4] 39:1840:10,2366:21 Biggest [1] 39:9 Birth [6] 4:12,165:169:2-4 Birthday (2] 33:21 Birthdays [1] 33,19 Bit [4] 35:343:1658:1512:12 Bitter [1] 8:20 Block [5] 5:13,15.17 Blocks [4] 5:13 32:4 516,8 Bob [20] 36:3 37:24 36:3 42:11,19 45:7 46:24 47:3-4,7-8 48:10 54:22 55:2,4, 11.1559:13 60:6 61:6 Bob's [8] 33:22,24 34:10 35:12 36:9 36:9, 2457:9 Boiling [5l 4:17182143;2456:9,18 Book [1] 40:3 Born [3] '1:22,245:4 Both [10] 9:8 16:2 18 22 22:16 34:18 35: 2146,15-1653:473:11 Bounce [1] 49:16 Boyfriend [1] 10:25 Break [1] 22:1 Breakfast [2] 13:2267:24 Brief [2] 4.:18:4 Bright H] 76:4 Bring [11] 35:338:9,1639:245:246:255: 8 58:8,11 66:8 67:14 Brings [1] 45:19 Brother (3) 5:365:267:17 Brought [8] 19:16,24-2520.339:356:260: 1973:11 Brushing -~ 'I....." ~ ~ \'I<IW~';" [lJ 77:5 Bunch [1) 20:14 Bus [lJ 41:21 Business (3) 23:5642572:8 Busy [2] 25,728:4 But [66] 3:216:3 16:5 19:5 23:3,5 26:4 27:10 32:3,10 35:8 36:11-12 38:15, 19 39:16,25 40:23 41:4,8,21 42:5 43: 14 44,10,23 45:20 48:21 49:7,11,23 50:14 51:6,11,19 52:3,21 53:2,11 54: 2155:1656:12-13 57:4,9,19 56:6,10, 12,2259:2,8-961'15,2262:5,1963: 2 66:24-25 67:7 75:2,12 78:20 80:17, 20 83:18 Buy [1] 21'22 By [47] 4:4 5:12 7:7 13:3 15:119,1,20- 21 27:23 28:15 31:2 32:4 40:2 42:23 43:3 45:11 49:5 50,3 51:7,18,21-22 53:25 57:1 56:17 59:21 62:25 63:7. 15.2466:1,767:969:1570:771:25 72:6 74:7 75:24 79:3 80:2 61:24 83: 1 64:24 85:12 86:10 Bye [2] 86:1-2 c Calculate (1] 28:20 Call [9] 7:1 12:18 30:22 42:13 55:13 58: 1 62:23 63:6 71:4 Called [7] 47:7,14-15,24-2555:3,20 Calling {I] 11:7 Calls [2] 30:14-15 Calm [1] 58:12 Came {14] 9:1912:336:939:11,1344:19 50:552:2,1265:273:10,1314:1181: " Camp [2] 44:7 Camping [2] 21:18-19 Can (52] 3:19,214:28:317:122:2225, 2033:1237:2338:14,1939:10,15,17 40:18 41:21 42:1,5.8-9,13-16 43:11 46:1549:1.14,2452:1154:10,1255: 21 57:12 58:4,6 60:8 61:15 64:13 65: 5,2168:1072:1,1275:2576:277'25 79:4-564:14-15 Can't [20J 3:2315:1334:942:347:2348: 19,2149:2 52:9 53:2,6,6 57:24 58: 19 60:5,9 62:4 63:20 Capable [7] 18:1060:12-13,1561:1276:16 79:25 Car [3] 33:665:13,25 Card [1] 41:12 Care [2] 17:528:22 Carlisle [2] 7:20,24 Case (6) 3:13 69 22 70:6 71:9 16:16 78:1 Caught [1] 113 Certain [2] 3:119:10 Certainly [4J 30:1655:2268:11 80:20 Chambers [1] 71:2 Change [10] 17:19,2126:337:6-774:10,13 75:1876:14,23 Changed (7) 9:13 11:15-16 14 6 43:23 74:14 Changes [4] 14:7,1029:576:11 Characterization [I] 19:11 Check [4] 61:4,662:2263:2 Child [lJ 41:23 Children {pO '~..J<",~,-",.~_w-..l. .~'"~ _. [143] 4:225:56:57:138:11,169:4, 710:12,15,17,2011:1,6,9,13.2012: 413:5,7,9,1414:8,11,2015:6,2116: 1,14.2017:2,12,20,24-2518:1919:3, 13,18,2420:1821:9,12,18,22,2522: 4-5,22,2523:3,6-7,17,2124:1,2025: 5,9,11,2026:13,2227:8.13,2428:3, 7,1829:16,18,22,2531,6,9,1533:15 34:2435:11,19,2336:1437:1638:21 39:6 40:8,19 42:23 43:7,20 44:14 48: 6,1350:6.11,2151:1,4,2254:2359: 2460:1561:13,1964:1765:466:8, 2567:10,2069:1,21,2370:572:2' 74:24 75:1-2,1176:24 77:1 78:8 79: 8,15,17-1880:1,6,1181:3,14 82:1,7 83:13 84:1,10 85:2.15 Children's [8] 7:15 29:25 32:22 33:14 40:7 81, 9,1283:5 Choice [2] 20:21,23 Choose 0] 13:17212143:18 Chores 0] 13:11,13,16 Chose 12J 11:2120:25 Chosen [lJ 43:15 Christine [3J 5:169:2 Christmas [5J 5:1935:2,4,646:16 Church [20] 36:2443:21,2444:7,951:23-24 52:2,4-5,12-14,16,19,2253:2_3,7 Cite [1] 37:23 CIVIL [1] 3:6 Classroom [1] 78:14 Clear [1) 49:20 Cleats [1] 37:20 Client [4] 4:279:7812,5 Client'S [1] 30:17 Close [5135:1446:1452:2267:17-18 Closed (3) 11:423:1186:8 Clothes (5) 38:10 52:4 5 61:7 75:18 Clothing [1] 38:21 Columbus [lJ 42:16 Come [13] 31,2138:439.340:141:2453: 11,13 55:5 59:6 62 23 66:19 79:19 82:12 Comes [4] 66,166722,2483:12 Coming [4} 32,1840:742,1664:25 Comment [4] 26:2427:152:1179:6 Comments [1] 49:6 Communicate [10] 11:20 20:11,24 32.17,25 48:8 49:462:4,6,8 Communicating [1] 32:21 Communication [3] 20:21,2321:1 Communications [2] 20:621:2 Communion [1] 44:9 Complained [lJ 75:17 Complaint [2] 68:2586:6 Complaints [1] 15:15 Complete [1] 14:12 Completed [2) 69:585:3 Completion [lJ 10:24 Compromise [13] 32:3,1849:2250:553;10,12-13, 17,20,23-24 82:4 83:4 Compromised " [1] 49:9 ... Compromi~ [1] 80:4 Compromising (2] 49:11 79:25 Concede [3J 54:23 55:1,10 Concentrate [1] 78: 13 Concern {4] 10:2015:157:1179:14 Concerned [1] 58:13 Concerning [1] 10:22 Concerns {7] 57:7 75:23,25 76:9 77:4 79:21 80:21 Concessions [1] 34:21 Conciliation [4] 19:224:1131:2136:1 Conciliator [5] 9:1931:2532:12,2046:11 Conciliator's [1] 46:22 Conditions [1] 16:10 Conference [8] 9:17 11:lB 12:14 14:25 15:14 50: H Confused [1] 56:25 Confusing [1] 75:11 Confusion {I] 75:15 Connection (2] 82:9,21 Consider [2J 6:16 53:16 Consideration [2J 68:2586:6 Consistencies [1] 40:5 Consistency [4J 39:10,2276:2181:1 Consistent [3] 59:1178:1584:10 Consists [1] 5:13 Constant [1] 38:15 Consumed [1] 30:20 Contact [lJ 26:20 Contacted [2] 27:2328:2 Contacting [1] 26:16 Contacts [1] 31:14 Contained [1] 5:20 Contest [1] 34:11 Continue [5J 15:2218:636:1949:1275:20 Continued [lJ 31:20 Controlling [1] 25:9 Conversation {8] '8,2249,164'865:11,16-17,20 Cooperate [1] 84,15 Cooperation [1] 76:3 Cooperative {I] 81:3 Copied (2] 40:9,12 Copies [lJ 40:16 Correct [33] 5:227:16-179:1411:2519:11, 1620:7-821:10-1122:2323:13 24: 19,2227,831,7,10,2332:9,13-14 44: 1650:8,11-12,2452:1654:2568:17 69:2370:183:21 Cost [1] 28:10 Could [28] 20:625:7-8,16.2426:2,1228:7, 20,2330:1532,6,1734:2539:2,18 ..... 1 I",,"" 41:13,20,25 45:1.23 47:12 8-9 58:14 63:21 84:4 Couldn't [4J 33:2044:1147:17,23 Counsel 15) 3'8-9,11,144:5 Counseling [10] 12:13 20:5 31:22 32:13,15,17 48:772:7,17,21 Counselor [13] 11:19,2212:2,5,949:8,1368: 1769:1272:18-1978:10 i Counselors [1] 78;9 Count [2] 26:2457:17 County [2] 18:2241:14 Couple [6] 4:5 30:16 36:9 43:3 79:19 86:14 Course [7] 9:8 14:2 35:16 50:10 65.25 80: 2481:5 Court [85J 3:4,7,9,11,18,254:4,85:20-21, 236:9,13,16-17,2512:11,20,2413:2 18:14,18,21,2425:2426:1228,1330: 4,6,10,1831:2232:18,2050:156:23 58:11 60:22 62:14,17.2163:1,5,10, 20,2366:567:3,668:7,11,14,19,21, 23 69:15,18-19,21 70:2,5,7 71:6,8, 10,1872:1274:277:2578:2279:1 81:16,2082:11,15,17,2384:2285,20, 22,2566:2,4,10,13 Court's [2] 10:6,10 Courtroom [1] 3:2 Cousin'S [2] 33:2235:10 Cousins (5) 24:21,2433:1935:12-13 Cover [2] 16:1917:1 Coverage [1] 17:15 Crop [1] 75:9 Cross [6] 6:1911:3162550:266:679:2 Cross-fire [1] 11: 3 Cumberland [1] 18:22 Current [3] 12:1514:776:23 Currently [1] 18:7 Curriculum [1] 59:18 Custodial [2] 12:1516:17 CUS tody [27] 3:55:7,9-108:4,710:911:18 12:14 14:25 15:14 17:19 28:18 29:16 31:646.1150:564:668:2573:3,14, 16,20 74:18 78:3 83:18 86:6 Cycle [1] 10:5 D Dad [4] 15:1052:357:2458:19 Dad's [2J 57:2160:3 Daddy'S [lJ 36:17 Daily [3113:1122:1 Danielle [4] 4:2344:1069:1 Date [6] 4:11,165269:25,11 Dated [2] 5:877:23 Daughter [1] 58:7 Daughters [1] 48:23 Day [4115:14-16,166248:1813:21,25 14:1 16:15 21:20,23 22:24 23:3,22 34:141:942:5,14-1745:22-2347:13, 1654:9,1856:8,1460:262'668:24 73:2274:1576:978:386:5 Days [24] 6:89:24-2522:1723222429: 25 32:4 33:11 34:4 35:7 39:15 42:4 46,447:750:11-1251:1954:1864:1 86:14 1_,-- "~i' Imlal€~'- 57: Deal [2] 40:2342:13 Deals [1] 42:9 December {4] 4:24 5:2 69:2-3 Decide [2] 10:913:17 Decided [8J 8:2210:2311:2,11 24:13 32:3 74:15,25 Declared [1186:8 Declined [1] 27:25 Decorating [1] 34:11 Defendant [1] 3:9 Degree [2] 72:15-16 Demanded [1] 53:21 Denied [2J 9:828:3 Deny [1] 34:15 Depends [1] 15:24 Desire [lJ 18:6 Desperately [3] 18:124:21,23 Detail {1] 26:4 Dictated (1] 4:4 Did [80] 8:13 10:7 11:18,2112:11 15:5, 9,1619:720:821:12,16,18 24-7,10 25:1,4,12,14-15,1826:9,2427,430: 1031:11,14,17,19,2532:1533;834: 16,2036:1339:12-1341:1,7,9,1642: 18 44:20 45:8,23-24 46:18 48:5 53: 1154:2 55:14,17 56:6 58:12 59:25 60:6 62:6 64:4,7 66:8,22 68:8 74:10, 13 75:5,14-15 77:20,22 79:6,10,16 80:5,11 81:2,4 83:18,22 85:8 Didn't [36] 8:11 11:3 11:11 21:6,19-20 25' 17.19,2326:1,8,14 32:2 33:5 38:5,9, 1152:1-2,7,12,14-1553:13 57:16 58: 3,24 61:4 77:16-1779:17,20 81:1 84: , Different [8] 37:2140:2151:1654:1157:960: 2062:565:18 Differently [1] 53:4 Difficult [3] 20,1039:2449:15 Difficulties [2] 18:332:21 Difficulty [1] 49:22 Dinner [10] 13:2235:466:17,19,2167:16- 1785:3,14,17 DIRECT [4] 7:631:163:11 7124 Disagree [3] 19:1720:227:20 Discontinued [1] 24:17 Discuss [2J 20:1884:5 Discussed [1] 3:20 Discussing [1] 64:24 Dishes [1] 13:18 Dissinger [42J 3:8,14,204:6-95:22,256:9,12, 20-21 7:1,7 12:11-12 13:3 18:12 28: 13,1530:2,8,13 50:1,3 56:24 57:1 58:1760:2362:12,21,2463:5-6,15, 24 66:3 68:5,15,18 69.24-25 71:13 Distance [2116:11,17 Distinguished [1] 43:2 Distributed [1] 8:17 District [2] 16:7,18 Dividing [1] 5:12 Divorce fJ\ -",__LI~ (5] 10,14.1927,97913 82:2 Divorced [3] 4,2229:2172:24 Do [158] 3:254,15;117:108:2210,2, 15,1711:12,1712,4,2013:4,14,18, 21,2414:1,13,19,22,2415:3-4,13,16, 25 16:1 17:1,7,19-20 18:3,10-11 20: 921:12,17,2122:3-4,8,10,13,15-16 25;10,24 26:16,23 27:19,21 28:10 29: 12,2030:1432:2-3,10,1633:3,20,25 34:14 35:10-11,14,17.2037:15,18,25 38:840:4,10,18-19.21,2341:6,1042: 1-2,6,8,2543:3,8,10-14,16-18,2044: 1,5,11,17.2345:646:5,948:7,10,17, 2449:5,10-11,13 51:6,13 52:22 53:4, 2454:10-11,2157:7,20,2259:1,7-8 60:5,11,1461,15,2562'5,2263:18, 2567,2476:6,15-16,18,2277,1680: 19 81:1 82:12 83,2 84,12,16 Doc tor [8] 33:4 42:4 5 71:12 72:1 83:2 84: 2585:13 Doctorate [1] 72:19 Does [17] 5:9102029:11,13 49:16,19 50: 25 51:24 55:8.24 56:2.18 57:3 58 25 61:5,1966:23 Doesn't [9] 14:18 30:15 49:21 50:4 51:25 54: 1457,1759:2460:7 Doing [11) 1301815:1021:2525:628:140: 13 42:23 43:5 51:7 73:4 78:6 Donlt (37) 3:18 5/25 20:12 21:4.22 22:7 23:5-626:2029:6,14-15,1933:235: 8 36:12 42,14 43,14 45:9,21 47:8 48: 10,1652:9-1053:1655:158,22-23 59:2.6 61:2,20-21 67:6 85:16 Done [IS] 17:2 40,5 44:6 45:18,21 47 22 51,9 52:10 53:22 55,19,23 59:17 62: 7 76:5 77:6 Down (14] 30:636:239:13,2441'4,1745: 2447:2458:12,1462:1765:968:7 Dr [14] 71:5-8,17 18,20 72:3 79:4 82, 10-11,2285:22 Drive (3) 47:263:1964:1 Driver'S [lJ 66:2 Driveway [3] 33:741:148:22 Drop [2] 26:282,5 Drop-off [1] 82:5 Dropped [1] 19:19 Duly [4] 7:5302563:13 71:23 During [19] 21:1222:2529:17,2232:640: 2045,16,19-20564-5.7-8,1366:13 73:21-22 76,10,19 Dusting [ll13:18 E Each [7J 5:126:1813:1725:529:254:18 Earlier [5] 6,58:825:16,2526:1 Early [I] 39:16 Easter [2] 5:1833:25 Eat [3] 22:13,1539:17 Education [2] 72,13,15 Effect [3110:20,2283:22 Effected [lJ 83:13 Effectively [2] 20:17,19 Effects [1] 43:5 Egg [1] 34:10 Eight [71 29:1,17,22-23 36:21 54:9,18 Either [8] 5:620:3,1323,624:143:252: 16575 Elaine 191 11:2368:1669:11 71:5,7,22 72: ~J_~~ 362:10,22 Elementa: (1) 72:15 Else [10] 13:24 14:1 21:16 24:3 33:12 49: 3,1955:5,857:6 Employed [4J 7:18,2572:5-6 Employee [lJ 17:11 Employees [lJ 16:24 Encourage [10J 35:16,2043:10,12,17-1844:5, 2349:661:19 Encouraged [1] 43:7 End [4J 16:1775:4,16,24 Enjoy [3J 35:11,1775:14 Enjoyed [3J 44:375:1880:20 Enjoys [lJ 15,11 Enough [6] 39:1646:1460:1465:1577:5,9 Ensuring [1] 76:16 Enter [3] 3,1268,1986,2 Entered (1] 68:22 Entertained [1] 21:24 Entitled [1] 47:21 Envelopes [1] 20:22 Equal [4] 19:1074:1879:2483:5 Equally [2] 16:2,5 Equipment [4] 37:1557:7,12,24 Especially (6] 17:2339:2144:246,1648:1159: " Esquire [2] 3:8,10 Etc [4] 7,15 15:12 16:1117:3 Etter [391 3:8,13,204:8-9 5:22,25 6:12, 20-21 7:1,7 12,11-12 13:3 18:12 28: 13,1530:2,8,1350:1,356:2357:1 56:17 60:23 62:12,21,24 63:6,15,24 66:3 68:5,14,16 69:23,25 Evaluate [1] 75:3 Evaluators [lJ 73:4 Eve [3] 5:1935:2,4 Even [19] 34:9,2535:236:7-640:12,15 43:2544:3,1845:4-549:16-1751:23 52:19 65:12 66:1 67:23 Evening {8J 25:1044:1645:264:9,1766:22 73,24 85:5 Evenings [11] 8:99:1044:14,1950:1366:13 67:1,11-12 74:6 85:1 Event (3J 17,822:230:11 Events [2J 43:960:17 Ever [6] 28:434:2035:2436:10,13 58:12 Every [24] 9'2519:52120,2322:2423:3, 7 32:4 34:17 35:4 36:21 43:25 44:15 47:2150,7,15-1652,16-1759:14,25 73:19 83,18 84:1 Everyday [1] 13:10 Everyone [I] 66:1 Everything [7] 7:15,1740:5,943,1760:279:23 Everywhere [1] 21:23 Evidence ll] 82:20 Ex [1] 17:11 Ex-emnlovee ,-........ [1] 17:11 . Ex-husband [lJ 31,24 Ex-wife l3] 8:2119,424:18 Examination [13] 6:197:618:2528,1431:150:2 63:14 66:6 71:24 79,2 61:23 84.23 85:11 Excelled (1] 59:17 Excellent [3] 76:3-5 Exchange [4] 34:2344:2346,1976,10 Exchanges [1] 47:6 Exchanging [2] 25:1176,10 Excited {lJ 75:1 Excuse {I] 60:8 Excused (1] 85:25 Exhibit [5] 78:23-2482:13,17,19 Exhibi ts [1] 69:13 Existed [1J 75:23 Expanded [1) 31:25 Expected [lJ 62:25 Experiment (1] 85:1 Explain [I] 12,10 Express [I] 26:14 Extended [1) 75:13 Extensive [1] 19:14 Extra [91 33:9 36:11 45:14 46:3-4 55:16 80:16-17,19 Extract (lJ 34:20 F Fact [10J 14:16 21:19 30:19 44:2 53:11 66:17 67:23 75:19 79:13 80:21 Factor [2] 10:1113:7 Fac ts [3] 6:10,14 23:3 Fair [7] 9:1226:727:15,18,2035:860:22 Fairly [1] 8:17 Familiar [4] 29:4,673:5,6 Families [3J 29:2034:1946:16 Family [32] 11:1014,516;4,617:1819:15 25:828:733:12,14,1634:15-16,18 35:4,2036:5,1038:2240:2146:17 55:10 58:25 59:1-2,7-8 75,13 80:14, 18,21 Family'S [lJ 36:25 Far [15J 8:189:3102512:1617:2,13 23,1029:930:1932:2543:4,1244: 11 50:12 57:12 Fast [1] 58:16 Father (35] 6:811:2,1114:1615,1316:5 17:9 21:25 32 22 33:14-15 34:23 38: 2240:7,1644;1546:16 48:9 49:13 52:1057:366:1567:1473:1976:15 79,780:17,19812583:1885:2,5,7, " Father'S [15J 6:2416:626:2,1335:23-2446: 261:378:23-2480:14,2282:13,17,19 Fed [2J 51:1060:1 Feel [12] 20:1527:9,11,18-1933:1748:7, 10 49:3 51:14 79:10 80:6 Feels [11 27:18 ,.1.,; ~' li,_~:i__ Felt [2J 15:647:1 Few [5] 13:1936:838:2073:1281:21 Fewer [1] 51:19 Field (2) 42:6,16 Figure [1147,25 Figured [1] 10:23 File [1] 10:8 Filed [1131:24 Filled ll] 3:18 Filling [2] 3: 16 71.13 Final [1] 69:11 Find [1] 61:2 Fine [7] 17:1534:443:15,1746:1446:3,5 Finish (3] 56:24602467:4 Finished (2) 67:672:20 Fire [I] 11:3 First (7] 31:1437:2544:957,1772:1576: 1378:4 Five [5] 6,223:1950:22-2357:17 Flexibility [2J 42:2,18 Folder [I] 16:21 Folders [1] 40,10 Following [5] 5,16 8:1068.2169:466:7 Follows [4] 7:530:2563:13 7123 Football [4J 15:1236:2037:456:16 For [112] 3:4 5:25 6:18-19,23 7:8 8,15, 17,2310:8,12,15,23,2511:9,1413:4 14:1716:16,2317:1120:10,1521:9, 24222425:13 28:20 29:15,17 30:16 31:2533:4,9-10,2534:1,3,2335:8 37:2,24 38,3-5,17,21 39:5-7 40:8,10 41:2 42:10 43:1,20 44:14.24 45:7 46: 16 47:2-3 49:18,21 51:3,13,16 53,7, 1954:9,1855:13 57:16 58:15,16 59, 3.14,2460:261:562:1863:16,2064' 1365:1568:2569:7,2271:13 72:1 73:1274:15,2575:3,11,2176:6,12, 2377:3.878:5,10,13,2581:362:11, 2385:15,2386:6 Foresee (2] 18:3,5 Forget (2] 31:1857,23 Forgotten [1] 61:2 Form [1] 3:24 Forms [1] 3:17 Fort [1] 41:7 Forth [9] 6:2011:4272137:17,2343:23 48:649:483:6 Forward [1] 16:15 Found (1] 36:4 Four (6J 9:2423:22,2433:1834:442:21 Four-hours [1] 23:24 Foxls l2J 7:19,23 Frame [I] 80:2 Frankly (3J 14:1425,429:13 Free [2] 51:10 65:7 Frequently [2] 19:2220:3 Fridav \:? "t",,_~'~-"""" [22J 6:78;9,2310:2.523:1829;8 37:3,5 41:19 42,12 44:19 45:1 47;12 50:7 54:6,17 55;7 59:14 74,6,16 83: " From [40J 6:45,78:39;1910:1-216,1,3, 15-16 22:127:12-13,17 28,17 29:21 30:1,1632:1934:2338,939,11,13 40:7 47:10 48:6 54;18 57,12 61,7 62: 23 64:10 72:14,19 74,16-17 79:11-12, 23 81:11 Front [3165:5,1272:9 Fun [2] 41,885:7 Function [2] 76:8 Functions [1] 28:7 Further [IIJ 28,1230:549:14 68:8.16 69:12 70:4,678:1984.2085;21 G Gained [1] 49:14 Game [3] 37:2538:158:3 Games [10] 13:11 15:2,6 36;20,23 37;11 41. 10-12 58:9 Garden [1] 47:15 Gardners [3] 4:13 7:1118:21 Gave [6] 13:15-16 35:7 48:14 53,19 57,18 Gear [2J 60:1661:13 Gears [1J 39;21 Generally [2J 54:6-7 Get (36] 10:211:713,2114:13,1815:10, 19 16:16 17:4 18:16 19:22 25,5 26, 13 33:5 37:13 39:15,19 40,9 41:21, 25 42:1,5 43:12 45:23 46,10 47,12 49;24 51,5 53:5 58:4 60:16 61,13 78, 482;7 Gets [1] 43:1 Getting [9] 12:813:1840:1250;665;7-8,24 77:5-6 Gingerbread [1) 33:24 Girlfriend [IJ 36:9 Girlfriend's [IJ 34:10 Girls {14] 36;17,23 38:1 39:23 41 21 43;2, 14 44,9 55:24 56.5 57:19 66,18 78 6, " Girls. [1] 3625 Give [111 14:1619:428;1032:5-640:14 42;14 45:5 47 3-4 63,21 Given [1J 47,16 Gives [1] 46,4 Giving [10] 32;445:11,1450:2551,18-19, 21-23 55:16 Glenda [1] 57:5 Go (37J 11:1914:115:619:2221:18-20 24:1327:1729:1633:2034'4,1435: 9 41:1 43:13,24 44:1,3.5 48,12 51: 1252:2,12,2257:2559:460:16-17, 24-2567:1576:1280:382:784:2 Goes (4) 8:199:413.844:11 Going [24) 10:22 22:1 26:12 34:6 35:5-6 37:2338:12,2439:17,2346:348:6 49:21 52:19-21 62:19 65:2,8 75:8 77: 2,13 80:23 Gone [2] 14:266:1 Gonna [11 58:11 Good [18J 17:23 21;4 38:14 39:10,19,22, 2546:13 47:2 51:555:1659:3,2461: 1962:171:15,1775:13 Got 4. - ~~, > [12]10;73:U_,_.;:2047'1955:15 666:172:16 ';,-' 9 74:24 81:12 Gotten [5] 17:1761:7,2262:2565,14 Grade [2J 39,2372,16 Graduated [1172:14 Grammy [3] 33,2334:336:6 Grammy.s [4) 38:11-1255:7615 Grandmother.s [2J 22:11,13 Granted [IJ 51:9 Grass [1] 21:16 Great [IJ 59:9 Growing I1J 48:23 Guards [1] 37:19 Guess [4J 15:2435:1246:1883:3 Guidance [2J 78:9-10 H Had [97J 3:115:246:3,58:12,18,259:9- 10,17 10,21 13:17 16,14 20:9 21:9 22:17,2523:3,725:2332:1633:8,13 34:1,7-8,10 35:3 36:2 38:1,20 39:10, 14 40:6 41:1 42:19-21 44:2.9,19,21 45:4,7,17-18 46:11,24 47:16,22 48: 2250:12,14,1651:2,852:1853:6,21 55,3,1656:5,12,1557:1859:1361:9, 2464:865,13-1466:11-12,1720,25 61:10 69:13 73:21,24 74:5 75:13,23 80:683:2585:2-3,10,14,17 Hadn't [1J 3:20 Half [16J 13:519:322:18-2030:1932:11 41:2245:9,1547:13,1869:179:18 Hand [1] 71: 19 Handle [1) 53:3 Handled {IJ 8:4 Hands [IJ 48,20 Happened [4J 24:628:1146:2164:22 Happier [1] 14:12 Happy [5] 8:7,259:510;1381:15 Harbor [IJ 41;7 Hard [IJ 75:8 Harrisburg [IJ 72:9 Has [42] 5:1,106:17,238:7-89:1016: 21 23:2,5 24:6 29,16 30:19 33:18 34: 735:1536:841:2342,1148:9,13 51: 2452,10-1155:3,19,2356,1,2158; 23 62:5,23 69:5 76:5,18,20-21 80,10 82:283:13 Hasn't [2J 28:663,2 Hassle [1J 58:7 Have [190] 3,144:45:26:187:258:14, 25 9:24-25 10:4,15 12:8-9,20 13;11 14:3,7,10,14,2216:7,9,18,2117;7, 10_13,15,17,2218:1219:1421'2422; 323:4,7,17,20,2324:13 27:10,16,20, 2328:2,1229:1730:2,5,831;15-16, 18,2533:17-19,21,2334:5,8,13-14 35:5,9,2536:13,17,19 37:19-20,22 38:5,1839:20.2240,),9-10,1541:16, 2442:2,6,14,18,2543:2044,6,9-10, 14_15,2445:2246:1.3,22_2447:1.3, 5-6,8 48:1 49:1.17,25 50:11,20-21 52,14 53:1,21 54:5 55:2,7 56:23 57, 5,7,11,15-16,19-2258:1,3,11,2059, 11.2461:1-2,1662:12,15,2563:7-8 65,20,2466:367,3,5,7,1668:3,8,12 72:20 73:1-2 74:4-5,16-17,20,22 75, 1076,6-7,1977:16-1878:6-7,19,22 79:13 80:20 81:11,18,21 82:7 83:18 84;18,20 85:21 86,13 Haven't [3J 23:747:1756:15 Having [10J 7:510:830:2533:1539:2144: I~~I I~ ~~, I.....j~~~_ 61: 1863:1371:2375:1883:15 ~1~6]4:12'145:3-415:11..15_ 18 32:8,10-11 33:1,5,10 34:7 35:1,5- 6 36:1,12-13 37:21,25 38:1,3 39:3 40:11-12,16,1843:1645:1,7-8,12,19, 2246:3,6-747:11,14-15,19,21,2348: 1,4,18-2249:1-2,20-2150:4-6,10,12, 14,16,20-2151:3,6,8,14-15,22,24-25 52:1,7,1153:1-2,14.2155:856:1-2, 5-6,1857:16-1758:1,22,24-2559:23 60:9,12,15,1961:12,15,19,2162:4_6 65:4-5,7,13,21,23-2466:2,8,16,18, 22-24 67:17,20-22,24 68:1 73,24 16: 18,20-2179:17,19-20,23 82.4 83:3, 25 84:2 He'll [lJ 48:16 He's [12] 36:11 49:20-21 51:8,16 53:6 58: 22 60:11-13 62:4 67:23 Head [2] 26:1959:16 Hear [4J 33:263:2064:479:4 Heard [1] 7:14 Hearing [11] 3:5 6:18 24:11 25:24 31:6,22 69:4,6,10,1486:8 Hearsay [1] 12:8 Held [1169:5 Helmet [I] 37:20 Help [6] 11:1918:949:16,1977:1284:3 Helps [I] 60:7 Hence [1] 32:12 Her [42] 3:94:18,259:710:24-2511:22 12:1 15:19 17:23 20:16 17,24 25:19 26:2-4,9-10,13 27:2 28:2 29:5,14 30: 14 34:2 41:25 46,1149.20 55:14,17- 19,21 56:24 58:18 61:7 65:17 83,23 Here [II] 16:3,619:1226:1227:14,2253: a 55:7 57:20 73:18 74:5 Hersheypark [2J 34,2-3 Hi [1J 71,12 High [11 72:18 Hike [2J 40:22,24 Him [42] 31:18 32:4-6 35,7 40:10 44:18 45:5,11,1446:4,947:5,19,24-2548: 12,14-1550:19,2551:18-19,21-2353: 14,19 54:24 55:4 57:3,18 58:1 59:4 61:4,2464:1165:3,5,1267:19 Hindsight [IJ 20:14 Hip [IJ 17:24 Hired [I] 16:18 His [36] 3:84:11,13 30:11 31:12,17 32: 11 33:9,14,16 37:20 38:1,22 40,17 41:2345:8,13 51:1,3,2153:21 55:12, 1757:2-359:464:365:8,14,2466: 1267:4,1579:1880:17 History (IJ 8:4 Hockey [11 40:25 Holiday [12] 5:10,12,141616:11 26:18,21 34:346:12 Holidays [2J 5:1713:23 Holly [2J 63:1964:1 Home [42] 14:2316:2019:11.15,24-2520, 122:5,11,13,15,1826:13 31:938:9 39:2-4,6,11,13,16,2040:1041:15,24 42:1,2244;14,2052:2,1255:45,9 60:19 67:11,15,18 80:7 83.23 Homemade [I] 66:17 Homes [1] 37:17 Homework [14] 18:939:12,1443:11 44:20 51:9 59:24-25 60 9 61:22 76:7,17 77 6 85: , Honestly "., j~ilk.:,^~~L [3] 27:17,1952:9 Honor [12] 3:116:15,2112:730:9,2262: 16,1968:6,13,1870:1 Hopefully [1] 80:3 Hour [10) 6:183001941,2247:21-2248:1 53:14,1969:7 Hours [27] 19:523:22,2426:2527:58,12 28:17,21-22,25 29:17,22-23 33;11 42: 2047:16,20,2451:1953:2254:5,9, 18-1967:18 House [19] 9:5,8 14:3 19:19 21:16 22:16 25:20 41:10 52:3 55:21-22 57:8 65 6, 22 66,9,20,23 80:22 Household [2J 13:883:15 Houses [I] 33,24 Hovered [1] 66:20 How [33] 7:258:4,8,139:16,2210:2214: 1915:1316:1517:14,19-2019:1827: 21 28:17,21-22,25 42:23 47:16 50:25 51.20 53:24 64:5 72.5 73:5,8 75:5 77:2 78:6 82:2 83:22 Hundred [1] 52:20 Hunting [1) 40,22 Husband [3] 31:8,1158:2 Husbandls [I] 34:2 I I [487] 3:21,235,21,256:12,15,227, 1,19-208:6,10,11-15,21-22,24-259: 4-6,18,24-2510:2,4,6,12,14-16,21- 2311:2-4,6,11,13-14,1612:12-13 13: 6,15-1614:1,9,13-15,2415:4,8,13, 17,24-2516:1-2,9,18-2017:1,10,13, 1519:5,11-1219:8,17,2220:2.4,8, 12,15,2521:4,21-22,24-2522:2,623: 5-6,8,17-18,23 24:13 25:4,7,12,14, 1926:2327:9-10,18-1928:1-2,4,12 29:5-6,9,13,1930:2,5,8,15,2232:2, 2333:1-2.4,8,11,17,1934,8,14,16- 17,2535:1-2,7-8,12,20,2536;2,9-12 37: 18, 23 - 24 38, 2, 4 - 6, 8, 11 ~ 12, 14 39: 9,14-15,18,20-2240:2-3,9-10,12,15, 2241:1-2,4,6,16,19-21,24-2542:1-6, 8,13-16,18-2143:4,7,10,12,17-18,25 44:5,17.2345,4,6-7,9-12,18,20,23- 2446:1,7,9,14.18,21-22,2547:1,7-8, 10,14,16-18,22-2545,10,12-16 49,3, 7-8,11,13,15,19,22-23,2551,4,14-16 52:3-5,9,11,13,17-1853'2,6-8,13 54: 2,10-12,2155:1,6,10,14,16-17,20-21 56:9,11-1257:4,7,11-12,21-2258:1, 5-6,8,11,16,22-2559:1-2,6,8-960:1, 2361:1,3-4,7-8,13.15-16,2162:12, 15,24 63:6,20 64,3,7.11,24-25 65:1- 2,4,7-8,11-12,14,16,19,21-2566:1,3- 4,1767:2,5-7,16,2568:3,10,12,15 69:1911:10,1672:11,1,4,17,2073:1- 2,11_12,18_19,2374:2,4_5,14,22_25 75:7,1276:2,2577:1,11,2278:7-10, 1979:5,1280:5,981:4,7,11-12,17- 18,2182:4,2383:3,1084.18,2085:6, 10,16-17,21 I'd [7] 9:12232030:1433:339:245: 20 78:20 Illl [8) 8:22 9:7 40:25 46:2,10 82:24 86: U I'm (46J 10:114:15-16 16:6 19:12 23:2, 16,2124:9 27:13,22 29:5,10 34:6,8 35:24 40:24 41:16-18 45:21 46:3 52: 19-2155:17 56:9 58:16 60:21 62:19 63:1,2064:3,13,15 67:17-18,23 71: 13 72:6 74:3 80:3 83:10,24-25 I.ve 23:733:8,20 3,6,2057:4 2277:4 [23] 8:79:310:13,18 34:7,945:1854:2155: 61:7,22 62:10 73:4 74: Idea [6) 46,13 59:3 62:1 65,15, Identification [1] 78:25 Identified [IJ 69:13 24 78:6 ,y If [73] 3:126:58:179:1810:15,2114: 19 15:21 16:14 17:16 18:2,9 20:5 26: 1127:2428,20,2330:13-1533:3-4, 1035:7,937,1639:14 40 13,16 42:4, 6,8-9,1143:13,1744:2145:1246:3 47:6,1548:1,11,1349:152:13,18,20 53:1454:2055,19-2156:157:2360: 9,11 61:6 62:167:21 74,3 76,14 78: 1180;181:12,1483,2584:14 ,,-,," ~",,,,",--~",,,",,,,,j;-J"""'" Imagine [2] 78:1079:12 Impact [1] 79:14 Impacted [1] 82:2 Important [17] 14:1816:234:1836:1145:11 46:1749:7 52:23 21 59:1,7 76:20 77: 19 80:10 82:6 83:5 Impression [I] J5:ZZ Improve [1] 20:6 Improved [1] 48:9 In [177] 3:5,7,9,134:16,21-225:5,8, 208:169:1111:313:814:7,10,23 15:7,19,2516:10,19,2117:7,1918:2, 4,6,15,19,22 19:11 20:14,22,25 21: 19-20,2322:1624:12,2525:8.2426: 3-4,12,1427:11,15-16,2328:6,10,18, 2229:2030:11,15,1931:8-9.1232: 213]:634:2335:1436:15,17.20,23 37:22 36:7,11,20 39:6,16 40:14,17, 2541:1],21,2442:3,8,2343:8,10,23- 2444:6,1445:2546:4,8,11,23-2447, 7,1546:2249:4,17,2050:10,17,22 51'552:5,15,2253:1154:11.14,16, 19-20 55,19 56:13 57:8-9 59:18 62, 23 63:19 64:1,16 65:4,8.12-14,25 66: 167:22,2568:1669,11,13,2170:5 71:2,10-11,1372,15-17,2073:6,6,11, 17,25749,1475:6,1976:1518:179: 2580,1-6,2561:3,6,8,14 62:1 63:23 64:3,12,1786:6 Incident [2) 83:8 Included [1] 5:17 Including [1] 6:19 Independence [1] 5:16 Indicate [5J 3:622:2180:5,11 81:16 Indicated [5] 12:846:1279:1681:2564:9 Indoor [3] 37:2436:257:16 Influence [IJ 16:3 Information [4] 3:19,2140:748:11 Ini tially {5] 8:6,14 12:1120:13 50:6 Inner [1] 41:1 Insisted [1] 19:3 Insistent [2] 19:1027:7 Instance (2] 8:17 53:1 Instead [1] 48:2 Intended [IJ 12:13 Intense 11] 77:17 Interactions [lJ 13:12 Interest [4) 26:1449:560:184.13 Interrupted [3] 60,2376:1182:10 Interrupting [1] 76:12 Interruption 11] 62:25 Into [1513:125:1212,616:1525:1035: 5 39:19,23 40:22 43:19 47:11 12 65: B,2482:20 Introduce 11] 11:11 Involved [8] 15:11 29 10 36:14,16,20 40:13, 1681:12 Involvement [2] 35:20 BO:20 Involves {I] 72:24 Involving [1] 33:1 Is [15513:4,194:11-13,16-16,255:2, 4.1,11,15. 2~, 22 7: 15,17,23 a, 10,22 9:13,18101,6,1511:1212:6,613:7 " ~ ...".- 17:916:6,14 1,1520:6,14,21,23 21:1023:11, " :2125:2126:527: 6,14-15,21 2 32:6,13,24 35:1,7, 22 36,10,20-21,25 37:4 36:22 39:9 40:5,16,2241:4-5,14,2044,6,16,24 45:11 46:12 48:5 19:23 51:9,19 52: 1653:1054:4,2555:657:2,5_6,13, 21,23 56,7.18,21,25 59:1.7,11-12.23 60:4,8,15,22 61:8,12 62:8 66:20 68: 17-1869:7,9-10,12,19_20,22_2370:1, 471:6,8,12,1572:3,8,1073:2576, 14,16,2077:19,23-2478:2,12,15.17 79:14,25 81:6,B,25 82:1B 63:7.25 84: 9,12,1666:6 Isn't [4] 19'2352'2460:1262:9 Issue {4] 10:2155:1879:21-22 Issues [2] 10:1679:13 It [137J 3:231:2,46:36:6,16,209:6, 2210:1,5-6.1712:6,10,1913:15-16 14:1615:5,13,2416:2117:2218:6, 16 19:8,23 20:10 21:6 23:16 25:3,6- 7,24 26:5 29:6 30:17 33:3 34:17 36: 4,6,22 37:7,9 36:3-4,7-8,23 39:2-3 40:11,15 43:3,7,11,19 44:3,17 46:9, 19,2547:1,9,13,17.22 49:5,18,20-21 51:2.15,18,2052:2553:1,14,2554: 14,2056:13 57,18,24-25 56:5,1159: 6 60:7,10 61:4 62:10 63:1 65:10,21 67:7-8 69:9,12 70:4 71:6 73:20 74:5, 13-14,21-23,2575:1-3,7,11,14,2077: 2,24 78:17 79:12 80:24 81:12 82:6 63:484:4,1" Itls [34] 3:2413:4,616:121,2422:223: 23 26:3,6 28:9 29:15 36:7 39:23 40: 13 42:11 43:13 48:20 49:11 51:4,10 52:22,24 55:16 56:12 59:3,6 61:25 71,7 74:2,9 80:16 Item [1] 69:19 Items [1] 37: 15 Its {I] 6:19 Itself 11] 17:5 J J [8] 3:74:1069:1670:886:11 Job [2] 72:1776:5 John [2] 7:4,9 John's [2J 36:244324 Joined 11] 17:24 Jr [3J 69:1670:886:11 Judge [2] 41:11 71:8 Judgment [1] 8:16 July [5] 26:1746:19,21,2353:11 June [1] 46:8 Just [551 3:16 6:22 9:5,7 12:' 13:11,19 14:16-17 15:13 16~25 31:18 32:24 33: 2 34:13 35:9,15 36:8,18 38:2,4,20 39:12,22 10:10,24 41:2,8-9 42:18 43: 2,25 45:17 46:1 47:1,9-10,18,23 48: 1649:7,1751:13 53:858:10,1460: 2261:1662:364:1873:1879:1781: 21 85:4 K Karen [I] 71:13 Kathleen [7] 4:11,158:511:1915:130:2431: , Kathy [20] 9:3,2010:3,2211:7,2112:215: 2219:2120:5.1125:1026:1627:23 28:6 30:22 31:5 64:25 71:16 73:21 Kathyl s [3] 15:1525:929'4 Keep [10] 16:2526:2145:2,2146:947:10, 12 48:5 67:21 76:3 Kept (1] 38:3 Kids [55] 9:1010:2213:21,2415:217:4, 1728:21-2232:733:1,6,2236:2436: 8,1439:2541:2042:7,11,1944,8,24 45'81] 46:15 47 2 48:1149:5 51,7, 13'5;:1,10,21 54:8,12,16 55:4,12 57: I~'- 'I~< 558:19-_20,2459:4,9,13,1761:762: 174:2376:3-4,16 . KidSI ~ (lJ 10:23 Kind [14) 8:22 13:5,13 22:2 33:6 40:23 41:" 44:22 48:23 61:23 65:16 75:8 85:7 Knew [3] 39:12,1447:17 Know 158J 5:2511:1414:1917:1221:422: 729:5-6,9,12,14 33:6,8,25 34:13 35: 7,25 ]7:24 38:8,11,19 39:1,21 40:17 41:4 42:15 43:11 44:22 45:5,18 46:1, 3,7 48:13,15-16 52:4,20 53:7-8 57:8, 21 58:8,24-25 59:12 61:4,20-21,23 66:1976:677:665:16-17 Known [1] 81:17 Knows [3] 42:9-11 Koenigsberg [14J 71:12-13,2574:778:1981:20- 21,24 82:14,25 83:1 84:20 85:12,19 Konoble's [I] 34:4 L L [1] 3:9 Labor [I] 5:18 Lady [lJ 11:24 Last [9J 11:424:1425:1034:342:1964: 9,1766:10,17 Later [2J 35:3 72:1B Latest 11183:11 Laundry [3J 38:439:361:5 Least [7] 9:234:145:2546:848:1155:2,6 Leaving {I] 64:20 Led [1] 12:15 Left [4] 36:1748:460:167:15 Legal [IJ 5:9 Less 16119:8,2229:225]:11 82:4 8]:3 Lesson [IJ 23:6 Let [8J 3:6 13:17 33,20 56:23 58:12 59: 4 61:18 67 3 Letls (5] 4:421:1623:1942:13 44:3 Letter [1] 49:5 Letters [3J 11:720:2525:4 Level [1] 62:6 Life [2] 13:1023:4 Light [1) 64:16 Lights [I] 37:13 Like [36] 6:2210:1221:6,17,2123:928: 9 30:14 33:3,5 35:1,16 38:6 40.13, 16,23 41:4,6,11 43:25 44:10 45:19 46:16 47:6 52:21 5]:1 55:20 61:3,21, 2362:2463:6,678:20 Liked [I] 5B:9 Likes [1] 40:12 Line [2] 21:162:12 Lined [1] 11:7 Lines {I] 13:19 List [1] 13:15 Listening [I] 11:11 Little [15] 6:221.1733:2535,3,15-1643: 1645:649:1858:4,10,1564:1] 72: I...",_~ " ""~, 1275:8 Live [4] 7:1015:2123:546:14 Lives [lJ 7,12 Location [2] 19:2520:1 Long [5] 3:197:2519:532:4 Look [3J 28:2473:1674:4 Looked [3] 51:2,2064:24 Lose [1127:8 Lost [1] 82:23 Lot [25J 10:18-1920:9 22:5,7 32'24 34: 13,1640:21,2441:1042:244:2146: 16 54:11-12,21 55:158:7 59:1 64'23 66:280:11,23.25 Lots [4] 33:1,161959,6 Love [1] 35:16 Loves [1158:24 Lunch [IJ 13:22 Lutheran ill 43,24 Lynn [3] 63:12,17,22 M Malam '" 68:4 81: H 85: " Made '" 10:9 " " 20: " 26:12 49:20 66: n 80:4 Mail [I] 13:19 Main [2] 79:2122 Maintain [IJ 77:7 Maintained [1] 64:15 Make [19] 12:14 23:4 33:5,24 39:16 40'3 42:9,13 43:5 45:S 53:4,23 54:11 57: 21 60:6 67:16 76:25 79:23 81:17 Makes /1158:1 Manager [J] 16:1922:2241:16 Manila [I] 40:10 Many [10] 10:1128:2,21-22,2538:5,1947: 16 67:1S March [1] 4:12 Marked [2J 78:23-24 Married [2] 4:2034:16 Marsh [40] 3:5,74:10-11,1516,23-245,1, 3 7'2 4 9 6:5 19:2 28:16 30:22,2~ 31: ~ ~o; 4 52: 24 54: 24 55: 24 60: 4 64: 2,5,9.1969:1-371:9,1673:11,1479: 16,25 Marahls [3J 64:4,177923 Marshes [2J 77:2178:7 Mary [2] 3:871:13 Master's [1] 72:16 Material [lJ 40:2 Matter (9] 3:544247:7541460:766:16 67:2386,78 \J~ Matters {I] 3:15 May [12] 5:86229:1816:730:6.1762: 1768:773:13,1774:14 Maybe !I] 42:1551:1252:756:6 Mazzitti [6] 11:2312:268:1769:1272:6,21 McHenry _-,'i"""""_~"',,,i' [1] 41:7 Me [72] 3:258:169:18,2210:12,2511: 912:513:814:1719:720:2024'4, 12 25:19 26:7 27:5,13 28:10,20,24 31:1733:2,9 34:7 35,6 38,8 39:2,22 40:142,9,13 44:20 47:3,14-15,19 48: 3-4,17-2149,1-251:452:2,12-13 54: 5 55:5,9,20,23 57:5 58:8 59:25 60:8 61:18 62,5 64.14,22 65:23 66:10 67: 1873:7,10.13 79:4 Meal (3139:18442160,1 Mean (6] 16:2345:1049:13 51:4,14 56,12 Means (1) 39:15 Meant I1J 56:9 Medical [lJ 32:25 Medication (lJ 14:19 Medications (1] 14:23 Meet (2132:2344:22 Meetings [1] 12:1 Member (1) 73:3 Members [6] 19,15 33,14 15 36,4 80:13,21 Memorial [lJ 5:18 Memory {2J 9:1810:2 Mentally (2J 60:13 Mentioned (lJ 83:7 Message HJ 46,4 Met [2J 31:2432:20 Metzger [4] 63,7,12,17,22 Mid [1] 78:4 Middle [1] 72:17 Middleton [lJ 18:20 Midland (2J 63:1964,1 Midterm {lJ 76:12 Might [5] 27:6 36:6 40,1 62:1 67:21 Miles [2] 16,15,17 Millionaire [1] 41:11 Mind [2J 11:1583:12 Mine (4126:540:1757"965:8 Minute (lJ 73,16 Minutes [4J 4:56:1916:1630:16 Missing [2] 43:257:13 Mistaken (1174:3 Model [1] 15,13 Mom (3155:12572058:10 Mom's {2J 83:15642 Moment [2123:736,16 Monday [20J 6:4 23:14,20 29:7 37:5 41:18 42,2044:1845:2,6,1947:1,11,1450: 654:6,1759:1369:7 Mondays (3] 45:2354:8,22 Money [2] 22:223:4 Monitor (2] 76:13 78 8 Monitored [1] 76:7 Monitoring li"~ [3] 74:20,22 Months [2] 19:1381:15 More [40] 10:1211:7-9,1312:513:4,614: 9,12,1817,1819:2320:3,1521:24 22:19-20 24:16 25:5 27:10 29:22 32: 6 36.2,12 41:20 45:6-7 50:25 51:18- 1954:12,21,2458:20,2269:1973:20 74:18 83:4 Morning [35] 6,4,6-7,178:1010:2,4-525:13, 21 35:6 41:21 43:23 45:3,6,20 46,25 47:3,5.10 48:21 51:6 52:1,3 55,9 65: 4,6,2267:21-22,2571:15,1773,24 82:7 Mornings [1] 52,4 Most (5J 29:2039:1552:1753:585:6 Mostly (2] 43:173:21 Mother [17] 6:816:1,417:1024:130:1731: 5 33:9,24 55:12,17 59,5 73:21 76:5 79:785:4,7 Mother's {5J 6:2416:419:2480:783:22 Mount {2J 63:1964:1 Move [4J 31:1141:1778:20 B2:12 Moved !1J 31:12 Mowed HJ 21:16 Mr [64J 3:14,16,234:2,11,226:2,11,13, 1512:7,20,22,2518:2419:1-228:12, 1630:4-5,20-2131,249,2552,2454, 24 55:24 60:4 62:14-15,18 64:2,5,9, 16,1966:5,767:5,968:3,8,10,1269: 2470,171:1573:11,13 79:1,3,16,23, 25 81:18 82:15-16 84:22,24 85:9,20- " Mrs [2] 4.2373:11 Ms [59] 3:13,204:8-9,155:22,256:9, 12,20-21 7:1,7 12:11-12 13:3 18,12 28:13,1530:2,8,12-1350:1,3-456: 23 57:1 58:17 60:23 62:12,21,23-24 63:5-6,15.2464:466,367:368:5,14, 18 69:23,25 71:12,25 74:7 78:19 81: 20-21,2482:14,2583,184:2085:12, " Much [10] 8:11 9:10 20:19,24 25:3 28:17 36,8,11 80:16 85:23 Must [lJ 38:11 My (89] 4:27:138:16,2110,12,2011:1, 6,10,13,1514:416:2117:9-10,2319: 7 20,23 21:15,22 22:16 24:25 25:8-9 26:3-4,6,1927:1,5,11,13,1528:10 30:16 33:12 35,4 40:21 42:8 45:9 46: 2548:2252:10,1854:1255:2256:13 57:2058:759:1-2,861,10,1262:4, 2264:11,18 65:2,13,25 66:1,20,23 67:17-1871:12,1572'3,16,1973:18 74:4,976:9,1177:478:279:6,14,21 80:2181:2,5 Myself [lJ 17:1 N Name (817:831:363,16,2171:12,1572:1, , Names [2J 4:107:15 Nasty 13J 47:1949:555:15 Nearly [2J 25:3 36:8 Necessary [1] 30:17 Need (36J 3:188:6,2412:916:2,4-5,19 17:1,8,16,2521:22-2322,123:4,6 27:1628,2333:238:15,1739:24-25 40'2,442:447:2549:359:960:2,10, 1681:1 Needed [2] 10:1018:9 Needs (6J 36:1237:2142:10,1243:1683:6 Neighbor [lJ 41:23 Neither [3] 53:3692070:4 Nephew (ll36:7 i~~" ,-I Never (13l 8:7,259:5 33:1938:1,351: New (2l 5,1925:1 Next [7] 9:2542:1560:2,2567:2074:17 86:14 Nice [2] 48:2251:5 Nicole [3] 4:23-2469:1 Night [2215:1410:424:1635:536:2137: 1340:242:10,1245:547:2,14,1850: 15,2051:5,959"2566:10,17,23 Nights [12] 31:16 32:5 36:22 37:3,9 42:11 50:22-23 51:15 55:6-7 73:20 Nine 13] 5,446:265:22 No 10,13 25 861,22 '.",' [71] 3:2,55510:19-2011:818:12 19:7 20:2,12 21:8,19 23:2,6 25:17 26:1 28:12 29:19 30:2,5,8 34:4,22, 25 43:5 45:25 47:17 48:10 49:25 50: 12 51:21 52:4 53:13,18 55:1.14 56:7, 11,1757:1558:2159:661:11,1462: 12,1564:1865:11,15,19-20,2466:3, 10,23 67:5,22 68:3,5,12 69:13 78:19 Bl:18 82:16 83:14 84:8,20 Nodded [lJ 59:16 None [1] 18:5 Nor [lJ 23:2 Normal [2J 13,1021,25 Normally [1] 23:20 North [1] 72:9 Not [65] 5,96:28:1610:20,2312:2515: 2516:1-2,819,5,7,2420:221:223: 2 25,3 26'19 27:7,14-15,19,21 29:6, 10,21 30~17 31:17 34:14 35:8,24 36: 8-9 47,2 49:5,11 50:12 52:20 53:11, 20,2254:355:458:2159:3,660:18, 21-2261:1662:1965:1566:2369:5 70:674:375:1,2279:1480:1,3,16 81:15 83:24 84:8 Note [2J 79:6,16 Noted [3J 69:9,1270:4 Notes [8J 20:2248:18612562:173:18,25 74:5,9 Nothing (4] 22:332:1041:985:21 Noticed (1] 14:10 Now (44J 3:17,228:239:13,2310:711: 12,1813:1314:2316:717:918:19 20:14-1522:2123:12.1624,1226:23 29:13 31:22 33:18 36:21 37,3 41:17, 2044:13 49:151:9,16 53,10 54,4 55: 11 57:9 58:10 59:14 62:25 68:24 76: 22 77:18 81:1 86:5 Number [4] 66:12,2567:11-12 Numerous (2J 36:457"19 Nurse [4] 4:1941:1642:10,13 Nursing [1] 41:14 o OIBrien (49] 3:10,14,16,234:26,2,11,13,15 12:7,20,22,2518:2419:128:12,16 30:4-5,20-2131:2 49,25 62:14-15,18 65:5,767:4-5,968,3.8,10,1269:24 70:1 71:15_16 79;1,3 81:18 82:15-16 84:22,24 85:9.20-21 0' S [2J 42:2543,1 Objection (4] 12:7,2161:2482:16 Observe (ll 79:6 Occasionally [lJ 52:18 Occasions (2] 45:2555:2 Occupation !21 4:1312,10 Occurred Ib" ~ '-'".i ~ (1] 84:6 October [5] 4:20,225469:478:4 Of (244J 3:5,11,13,154:5,11-12,14,17- 18,21-225:2,4,6,8,12-15,216,1,10, 22-23 8:3-4.21-22 9:8 10:18-19,24- 25 11:3-5,10,19 12:1,3,16 13,5,13, 15-1614:2,5,1515:1416:3,1717,5, 1519:10,14-1520:3,6,9,14,21,2321: 1,2322:2,5,1723:4,21,2325:3,9,22 26:17,19,2127:5,8,12-13,2029:10, 1630:1631:5-6,8,2132:4,18-19,24 33:1,6-7,14,16,18-1934:6,10-11,13, 25 35:16 36:3-4,8,21 37:6,20 38:5-6, 10,16,18-1939:3,7,16,1940:11,15, 21,23-24 41:9-10 42:2 43,17 44:2,21- 22 45:24 46:8,15,18,23 47:7,19 48:2, 13,16,18,2349:550:1051:653:3,5 54:11,24-25 55:2 57:16,24 58,7 59,a, 1060:1561:12,15,2362:963:764: 1665:1,5,12,16-17,2565,2,12,16,24- 2567:11-12,2368,16.21,23-2569:2- 4,6,9-1171:972:2373:3.1375:4,8- 9,15-16,23-2476:9,12,1677:10,12- 13 78:5-6 79:21,25 80:1,3,11,13,21, 24-25 81:5.7 82:13 84:1,6 85:6-7,14 86,4-7 Off f19] 19:1923:1,3,7-8,17,21,2326:2, 1939:1541:2,942:3-4,6,1449:18 82:5 Offer (lJ 19:7 Offered 14J 9:3,647:2254:21 Office [1] 49:20 Offs {2J 24:12-13 Often [3] 19:18,2354:12 Oftentimes [lJ 20:21 Oh [6] 40:256:957:2066:1667283,10 Okay [41] 7:189:910'713:217:418:18 26:23 47:9 50:1,14,19 52,7 53:16 54: 4,13 55:11562,558:4 59:3 60:4 61: 963,2364,2268:272:2373:5,16,25 74,8,1076:2277:15,20,2578:1883: 7 84,20 85:9,18 86:2 Old (sJ 4,12,257:1135:1577:9 Oler (4J 69:16 70:8 71,9 86,11 On (62J 3:19,21,23-24 4:2,20 8,15 11:5 13:8-9,21 14:3,5 15:21,24 16:14 19, 10 23:11-12 24:8 26:9 28:23 34,11 35,23-2436:2037:12,2539:1840:1 41:21 42:10 44:25 46:19 48:11 51,19 52:3,16 54:8,17 55:9,21 60:25 62;5 63:866:1269:5,14,18,2072:1873, 23 74:2 77:7,10,20 82:4,7,12,24 Once [4124:636:2,2262:10 One (56] 4:5 8:18 9:6,24 11:5 17:8 20:3 23:21,23 24:16 28:24 33:8,10 34:1 35:15 37:13,23 38:16 41:17 44:2,6 45:8 48:1.13,21 52:1,3,5,7 53:7,14 54:19 55:15 56:12 57:13 58:2,7 60:6 62:6,1063:8 68.15 69:7,19 74:16-17 75:10 76:9 77:13 79:20 60:21 82:6 83:7,10-11 One-half [1] 69:7 Ones (3157:1075:1984:8 Only (16J 30:1934:2535:638:1942:21 43:13 49:23 50:20 52:11 53:6-7 55: 14 65:9 76:19 83:8 85:9 Open [5] 10:25172220:2555:17 69:6 Operate (1139:7 Opinion (7) 24:25 25:B 27:15 26:1175:6 76: 1584:9 Opportunity [2112,917:18 4 Opposition ~ (1] 81:6 \ Or [69J 3:146:412:18,2516:16-1719, 24-25 22:18 24:1 25:8 29:21-22 30: 1732:2533:3,6,12,1534:6,11,2035: 2536:638:7,2539,240:14 42:6,12, 16 43:2 46:1-2 49:5-6,10,18 50 17 51:10,13 52,5,21 55:20,22 56:24 57: 5-6,9,24 58:2,23 61:14,20 67:21,24 69:13 72:24 74:19 78:13 81:15 84:1B 85:14 Order --'~ ;IH'~_"'-- ~ . [20] 5:8-10,21,246:2,229:1915:19 ~6~~;;:/0:25 21:23 68,20-21,23 70: Organization [1) 44:8 Originally [4] 31:1241:1945:451:14 Orthodontist [1] 48:12 Other [35] 5:56:89:2513:1917:918:12 19:14 23:22,24 25:5 28:25 30:2,8 32: 5 33:14 35:9 36:4,1 43:5 44:15 49: 25 51,19 53:4 62:12 66:3 67'5 68-3 5,1273:1975:1080:13.20 8i:19" Our [4] 9:1748:2349:564:25 Out (36) 316,186:39:19 10:16 12:3 22: 1125:726:9-10,1521:533:136:3 38:18 39:7,18 41:1 44.11,17 41:14, 18-19,25 54:1,21 58:5 59:6 64:10,23 66:2 79:22 81:3 84:1,3 Outdoor [1] 40:25 Outfit [1] 39:1 Outside [1] 19:15 Outstanding [2] 43:1 Over [31] 6:3829:7-8,2017:11,1819: 13 24:6 26:3 35:15 37:7 38:3,21,24 42:20572461:2,666'8,11,16,1967: 14222479880128218514 Over-the-counter ' [1] 14:22 Overcome [3) 75:1516:1-2 Overni'ght [9] 35,541:1350:7,14,1659:13 85:5 Overnights [6] 22:8,1031:18.2050:16-17 Overriding [3] 10:1111:513:7 Overs [1] 66:15 Oversee (1] 85;8 Overtime {I] 29:10 Own [4] 7:202159,2177:10 Owner [1] 8:1 Owns [2] 4:1468:1 p P.m. i~~i 7 5 - 13-15 6: 4,7 31: 3,5,10 74: 6, PA [2] 7:1164:1 Pack [1] 38:25 Packed [1] 60:2 Padding [11 37:21 Pairs [2] 38:5-6 Pappy [2] 34:336:6 Paraphrased [1127:6 Pardon [IJ 73:7 Parent [3] 29:1675:10-11 Parents [16] 14:416:217,9 211S 29'21 30: 1 31:13 34:10 52:18 72:25 74:23-24 75:12 76:3 17:12 84:14 Park 12141:1,8 Parking [2] 64:2366:2 Part \415825:327:1377:7 Participate [1] 15:7 Participated [1115:2 Particular [1] 21:21 Parties I _0 -.. 112] 4:205: 69:2213:5,8 Parties I [2] 4:1069:1 Party [3] 35:1069:2170:4 Pass [ll62:1 Passage [1] 10:24 1,24 6:3,23 33:21 Past J~]5::~:3 28:6 34.10 36:11 37:22 38: Pay [2] 8:189,6 Pennsylvania [2] 4:13,17 People [3] 10:1921:2153:24 Perceived [1] 32,21 Percent [4] 52:20.2273,1,14 Percentage [1] 12: 23 Performance l1J 18:4 Perhaps [4] 26:1129:1,330:16 Period ~:~1~2;:~43:~~~ 48:8 49:9 50:10,17 Periods [2] 16:1719:14 Permit [1] 69:10 Permitting [1] 44:15 Person [4] 17:1430:11 68:16 69:11 Personal [2] 49:262:6 Phone [2] 26:2082:25 Physical [2] 5:1029:16 Pick [16] 16:2020:425:2026:5-639:1 45:1 48:2,4 55:21 57:25 64:6 65:5, 2167,2082:5 Pick-up [3] 48:464:682:5 Picked [8] 19:25 20:1 25:16 36:3 51:14-15 55:2066:18 Picking (4) 17:232.24352565:3 Picks [3] 51:855:8,22 Piece (1] 57:24 Pizza (2) 7:19,23 Placate [3] 15:19.2224:18 Place 18J 3;4 9:11 18:2 21:20-21 49:17 59: 10-11 Placed [1] 71:4 Places [2J 9:320:3 Plaintiff [2] 3:769:10 Plaintiff1s [1] 68:25 Planned [3] 34:7-847:9 Play [7] 15:1224:1213 36;23 37:13 40:25 Play-offs [2J 24:12-13 Played [61 15:3,16 21:14 24:8 36:17 41:10 Playing (1] 24:15 Please [7] 31:333:961:4-563,1664:1471: " Plenty [IJ 17:15 Plus [1] 43:1 PM [1] 6:6 Point ti........... " [19 J 9 ~ 6 1 0 : 10 32: a ,19 3 3 : 8 3 6 : 1 8 37:8 44:23 45:9 55,15 58:2.:6 75" 276'2478:2,580:8 " Pointed [IJ 65:23 Points (IJ 43:3 Position (4) 16:1941:14,1981:8 Possibility [I] 84:16 Possible [lJ 20:24 Practice [15] 36:1837:238:1839:14,1744" ~~~~~ ~~;~~ 56:15,21 58:19 64:10,20 Practices [6J 55;2556:3,7,11,1957:3 Preference I1J 58:18 Prepare [IJ 77:20 Prepared [I) 78:13 Present [12] 3:7,9 5:7 37:1-2 62:19 64:8 66: 15 68:15 69:11 71:10 81:9 Presentation [1] 6:19 Presented [1] 75:1 Pretty [4] 8:11 9:10 35:14 75:7 Primary [1] 39:6 Prior [5] 5:2325:183:1984:7,25 Priority [2J 17:439:12 Probably [3166:2469:2073:1 Problem [5] 29:15,1934.537;16,18 Problems [6] 37:2238:1361:9,1675:884:6 Proceed [1] 30:21 Proceeding [2] 70:1086:15 Proceedings [2] 4:763:4 Process [7] 11:1627:14,18,2031:2148:7 Products [lJ 48:25 Professional [lJ 13:3 Profitable (1] 77:8 Program (1] 40:14 Projects (2] 14:333:25 Promises l1J 34:20 Proper [IJ 20:12 Proposal [3] 31,2544:2550:19 Provide [3] 40:6.1576:17 Provided (2J 38:2139:10 Providing [IJ 76:5 provisions [1] 6:23 Pull [IJ 38:18 Pulling (2J 28:966:2 Pure [1] 41: 8 purpose [1] 69:9 Purposes [2] 6:117,13 Pursuant (115:7 Pursue [2110:1611'13 Pursued [1] 11:6 Pursuit '1iIi&l6,i;l- ~ " . ""'."i",,'ill;-,I'.'__ [1] 10:24 Push [2] 10:21,23 Put [15J 3:19,21,234:223:1933:643: ~~::7~;~2~0:23 52:5 65:13,25 69:20 Q , Q [6] 37:459:1766:814:881;2583:15 Quali ty [7] 45:8-10512,2179:17,20 Quarter [IJ 66:24 Question (17J 1213,24-2521:449:1556'24- ~~:;7~~:~~:8,25 61:10,12,19 67:4,7 Questionable [IJ 61:8 Questions 115J 18:13 28:12 30 3,5 49:25 62:13, ~::~i:4 67 5 68,3,5 78:20 81:19,22 Quick [I] 65:21 Quickly (2J 28:2165:11 Quit (3] 15:1724:7,10 Quite [5] 49:2059:1466:2067,1275,22 R Raise [1] 71,18 Rather [4] 20'146:1982:683:5 Re (1] 75;3 Re-evaluate (lJ 75:3 Reach (IJ 32:18 Reached [1155:3 React (1) 14:17 Reacting (1] 14:15 Read (lJ 10:18 Reading (lJ 40:14 Ready [4l 1114 30 21 39:17 Real [4139:1042475:182:6 Really [21] 17:2329:532:233:1735:8,24 36:12 44:3 45:12 47:1 49:3,7 53:15, 2254:3,958:22-2377:1680:2284:4 Rearrange [IJ 26:17 Reason [10] 25:427:13 57 23 58:19 59:23 60:4,9 63:21 69:22 76:22 Reasonable [2] 23:826:7 Reasoning [11 31:17 Reasons [1] 11:5 Rebecca [3] 63:12,17,22 Rebuttal [3] 6:2030:1663:7 Recall [4] 15:319:826:16,20 Received [I] 85:2 Receiving (lJ 21:7 Recent [IJ 38:20 Recently (3] 9:13,1638:4 Recess [5J 4:1,5-663:2-3 Recited [2] 6:10-11 Recollection [3] 19:765:17-18 Recommendation (10112:3-4,15,17 76:12,25 78:1-2, \J\; _"",I_,~_,,~ - 1581:6 Recommended (4] 32:12,1675:1984:18 Recommends (1] 12:5 Reconvened (2] 4:763:4 Reconvening (1] 71:9 Record (13] 3:6,19,21,244:37:856:2463: 16 69:6,20 72:2 74:2 86:8 RECROSS 11] 84:23 REDIRECT [3] 28:14 81:23 85:11 Referred 11] 30: 11 Regard [9] 3:13 4:9,15 7:1410:917:2041: 1360:161.6 Regarding [1] 6:23 Registered [1] 4:18 Regular [2] 13:954:16 Rejected [3] 32:846:6-7 Related (1) 64:2 Relationship [5] 17:23,25 24:21,23 55:16 Relax [1] 58:12 Remain [4] 16:269:676:2577:3 Remained [1] 31:9 Remaining [1] 39:6 Remains [1] 76:19 Remarks [1] 33:6 Remember (5] 26:1,4 36:15 63:2,10 Reminders (3] 38:1640:1,4 Reminding [2] 60:1561:12 Renovation [1] 41:17 Report [8] 12:9 46:11 76:13 77:20,23 78:4, 16,20 Represent [1] 71:16 Request (5] 25:2326:131:1532:246:18 Requested [5] 3:1126:231:16,1837:25 Requesting (4) 36:11 58:22 70:5 73:14 Requests [1) 61:22 Require (1] 13: 14 Resent (I) 36:10 Resentment [1] 20:10 Reserve (3] 30:11,1562:18 Reside [2) 63:18,25 Residences (1] 18:15 Resides [2] 4:12,16 Respect (1] 69,1 ResponSibility [4] 13:2014:1626,577:7 Restaurant (8] 4:14 11:5 16:16,25 17:5,12 23: 11 68:1 Restaurateur (1) 4;14 Result [3] 6:2112:115:14 Resumed [1) 82:22 Resumption [2] 69:6,10 ~-'~-~~- Retired (1] 17:10 Returned [I] 10:3 Reverse [1] 10:6 Reviewed [1] 16:7 Ridge [1) 4,16 Right [47] 3:22,255:236:13,16,251214 18:1424:1126:1128:1930:6,1036: 16,20 38:24 45:25 46:8 50:22 53:5 54:9,1957:1459:15,1961:1862:14, 2163:1,1065:4,11,16,19,2368:14, 19 70:2 71:19 76:22 77:18 78:22 82: 17,24-2583:20 Rissinger (21] 11:23 30:12 62:23 68:16 69:11 71:5-8,17-18,20,22 72:3-4 79:4 82: 10,12,2285:22 Road (5] 4:13,167:11,19,24 Robert [9] 3:7,94:105:37:1,4,969:371: " Robin [1] 36:7 Role [I) 15,12 Round [I] 36:18 Routine [4] 39:1144:19,2459:24 Row (1] 45:25 Rules [1) 40:15 Ruling (lJ 86:13 Run [3] 10:125:1057:24 Running [1] 16:25 s S [7] 4:11,15 69:16 70:8 71:22 72:3 86:11 S's [1) 42:25 Said [42] 8:2510:13 17:17 25:20 27:2 32: 10 33:19 35:1,7 38:10 44:1,3 45:4-5. 17,2046:947:6,15,17,23,2548:1,12 52:13-15 55:11.20 58:11 61:25 65:3- 5,10,21 76:16 77:1 78:7 81:11,15 Saint [2] 36:2443:24 Sake [1] 10:23 Same [9) 5:16:611:6 18:62!1:114!1:11 67:2576:1777:4 Sample [2] 16:21,23 Sat (2) 39:13 48 22 Satisfaction (I] 80:12 Satisfied (1) 45:15 Saturday [9] 6:723:14,171637:13 48:2151: 755:9,22 Saturdays (2l 36:2045:11 Saw (4) 25:1946:2564:2573:17 Say (32] 6:228:79:12,2213:13 15:23 16:23 17:14 22:18 23:11 26:20 27:4 33:1,4 34:6,6 39:14 40:2,13 42:13 48:1650:451:552:20,2257:1956: 10,23 65:3 77:3 79:20 Saying [4] 28,533:1040:1162:4 Says [2] 48:19-20 Schedule (24) 5:1112:6,2214:616:1118:2 23:9,15-1626:1729:4-5,1437:445: 1646:12,2254:477:1118:3,1285: 14,16 Scheduled (3] 25:2141:1869:7 Scheduler [1) 42:9 Schedules .1.....' I ,< [5] 16:21',2322:22 Scheduling [1] 44:11 29:25 'j School [39] 5:56:516:15-1617:318:4,7, 1836:19,2237:639:7,11,13 42:23 43:8,11,2144:1,6,13-14,2452:2354: 1556:4-5,7,10,1459:1072:1773:22 75:4,2176:13,23 Schools [1] 40:8 Screw (1] 27:5 Screwing (lJ 47:19 Sealed (4] 20:2261.2562:2-3 Seals [1] 48:19 Seat [3] 65:13,2566:2 Second [2] 82:2486:7 Secretary [1] 62:22 See [39] 8:16-1811:1914:9,13,1515:10 20:521:16 23:6,19 25:7-8 26:11 27: 24 26:3 29:15,19 39:5 41:7 49:9 54: 24-25 58:22 61:22 62:1,22 69:18 73: 1374:1175,876:14,2277,2,1378, 11-12 Seeing [1] 73:19 Seem (5] 14:1217.20.24 Seemed [2) 83:3-4 Seems (2) 26:653:1 Seen [5) 14:750.2162:1076:20 Send [2] 20:2240:16 Sending [1] 61:24 Senior [lJ 72: 18 Sense [1] 59:10 Sent [4J 52:4-561:7 Separate [11 28:24 Separated [5) 4:21 20:13 31:8,14 72:25 Separation [7] 8:3,69:2,1110:1427:932:19 September [1] 11:4 Serious (1] 84:8 Served [1) 80:2 Serves [1] 9:18 Services [3] 72:7,217721 Sessions (1) 73:12 Set (4) 6:1722.2285:14,16 Seven [1] 34:1 Several [5) 34:553:755:757:960:19 Shall [1] 69:6 Share [1] 5:9 Shared [1) 73:22 Shawn [1] 36:7 She (60] 4:16-18,24-255;212:14.1719: 4,7 23:2 25:15,17-19,23-24 26:1.12, 14,2127:1829:6-7,11-13 30:14-15 32:16 34:2 42:9-13 55,19,22-23 58:8- 10,12 61:5 64:5,8,11 65:2-3,9,15,25 She'S [9J 20:19 23:3 27:11,18-19 30:13 48: 14-1555:22 Shi ft 14] 23:1929:1142:5,10 Shifts [2] 16;1923.24 Shin 1IlIflI;,,~~," " ~ ~'-'~:~j~ ~ -, [1] 37:19 Shippensburg [1] 72:14 Shirt 18] 38:2,757:13,1660:1961:3,6,10 Shirts [2J 37:2138:6 Short [2] 46:163:2 Shortly [2J 9: 11, 19 Shorts [2] 38:5-6 Should [3] 15;662:769:20 Show (4) 15:13 25.4 34:1,4 Showed [I] 57:18 Shut [1] 61:25 Sick [4J 14:2039:1348:13 52:21 Side [4] 6:1811:1014:579:23 Sign (2] 40:15-16 Signature /1] 40:17 Significant [lJ 76:14 Since (11] 8:6 9:11 10:7 14:6 17:19 27:9 38:1 72:22 73:4 74:21 Sir [1] 69:25 Sister [9] 4:2514:417:2322:524:130:17 35:1236:764:3 Sister's (2] 19:2535:4 Sisters (1] 17:10 Sit [2] 39:2453:8 Sitter (1] 17:14 Situation [5J 15:2076:2379:862:184:17 Six [12] 13:16 36:21 33:3 39:14 50:11- 12,16-1776:1277:1461:14-15 SJ [1] 44:8 Slam [1] 33:7 Sleep [3] 66:11,1577:5 Sleep~over [ll66:11 Sleep-overs {2] 66:12.15 Sleeping [1] 51:4 Sleepover (1] 52:6 Slow U] 58:14 Slower [I] 64:13 Small [6] 13:10,1914:13 26:4 66:20 Smart [1] 60:13 Snake [I] 40:22 Snide [lJ 33:5 So [74) 7:259:917:1,4,1520:822:24 23:14 24:15 25:15 26:8 27:20 28:6 29:15 30:19 31:19 32:6,17 36:6,11 38:7,12, 19 40:16~17 41:6,19,24 42:1. 18,2044:1746:3,1747:7,10,22,24 48:1,4-5 49:2,22 50,10 51:10 52:7 53:3,1654:8,12,16,2355:1058:459: 23 61:8-9 62:5,8 64:19 65:17,21 66: 1 66:1 69:18 70:5 75:11 76:6 77:18 80:7.1681:884:18 Soccer {22] 15:1236:17,2537:19-20,2438: 2,7,1643:14 55:25 57:13,15-16,20 56:9 60:18 61:3,10 Social ~2~c3r:~l4i~ \'1,1 [3] 43:4,659:18 IV Socks ., I"-'"._",,,,,"~"""~ -~ {2] 37,2058,3 Softball {9] 15, 2 ~ 3 . 6 -7 . 15, 17 24, 7, 10, 18 Solid [3] 27,1780,683,16 Solved {ll 15,20 Some [3ll 3,1311:814,1521,20-2122,2 26,1127:52",.. 30,11,16 31:25 32,3, 18 34,10-11 36,24 39,16 40,11 44,20 46,19 55,12 56,11 61:15 62:18 63:21 66,17 67,15 75,23 77,7 Somebody [5] 26'241:2049'19 55,8 56,22 Someon~ [3J 16,1833:1257,6 Something [22] 8:1815:1025,627:16_1728:4 33,S 34,7-8,11 38:7 39:19 40:13 42: 649,251,11,1],1652,2154:1065:3 75,25 SometiIl\e [2] 4,2159,14 SometiJItes Oll 40,442,34..,16,19,2352:156: 20 57,4 60'18 67:23 Somewha.t [2126,1151,B Somewhere [2] 22,155,5 Son [4J 55,19 64,11,lB 19 Son's (lJ 54,20 Sorry [8J 20, 15 ~4, 9 34,8 56: 9 58: 16 63, 2064,1],1!;; South [2] 4, 16 1~: 20 Spaghetti [lJ 66,18 Speak [6] 20:17,1_925,1069:2170:578,9 SpeakeI:' [1] 82,25 Spear [lJ 16:3 Special [2J 35, 4 4~: 7 Specifically {I] 15,24 Spend [18] 1]:5 :t7,18 22,5-6,8,10 27:25 33,15 34:21 45,13 46,15 51,3 55,12 66, 22-23 6~, 12,14,25 Spending [7J 19,14 ;J2,2 35:11,17,19 36,10 BO, U Spends 12J 41:22l;7,lB Spen t [8] 22, 18 ~5, 6 66; 10, 25 67,7,10 85: ',' Spli t [4J 5:129,2026:2165,10 Spoke [4] 64,5711,14,23-24 Spoken [lJ 17,1] Sport [1] 43,1] Sports [3J 15,11 43:8,1] Spread [1] 59:2 Spring [2] 7,19,24 Springs [7] 4:17182143,2458,9,1863,19 64;1 Stable 12) 59;1011 Stack [1] 39:3 Staff [1] 42:8 Standard II! 14,22 Standing 0] 65:16 Start !2] 6,2277,9 Started [51 IO:16 11 9 67,7 7,<1:21 75,4 Starts [2] 362244.13 State Ji_ (7J 4,127,8 1,363:1672:180:6 Stated {lJ 19,4 Statement [2J 45:860:6 Stating {2J 22,2423,2 Stayed !1J 41: 10 Stays [1] 12,6 Stemmed [2] 79,10,12 Stenographer 12) 58,1560,23 Step [4J 30:635:1262:1768:7 Still [17] 12:2032,5 38:15,17 39,18,25 44,1" 46:12 47:13 63,7 75,17,22-23 79,7,1382,1 Stipulate [3] 3:156,10,14 Stipulated [3] 6,177,168,8 Stipulation [2] 6,17,14 Stipulations [2] 3,124,10 Stock [lJ 38,1" Story [1] 40,3 Street [1] 72,9 Strength [1] 39:9 Strengths III 39,5 Stress [2] 69,2370:6 Strickland {lJ 73,2 Strictly [lJ 73:2 Structure [13] 76,6,8,11,17,2077,8,1980:9 83:16,2284,2,1585:8 Students {I] 61,20 Studied [1] 73:2 Stuff [11J 21,2532:24392040,1246:5 49:18 57:8 59;12 61.23 65:1 75:18 Subject [lJ 31:6 Successful [1] 80,8 Such (3) 26:437:15 Sullivan [5) 11:2458:1759:1272:5,21 Sullivan's [1] 12:2 Summer [48J 6:249.2112:2314:216:2217: 19 19:13 22:25 24:6 37:2 41:2 42,8 43:22 44:1,4,12 45:16,19-20,24 46:5 48,21 49'10 52:19 54:11,20 55:3 56: 11,1557,1],1866,1] 74:15,25 75:3- 4,6,9,16,2476:1977,1780,12,2582: 383'885:1,13 Summers [1] 43:25 Sunday [25J 6,48:8,2310,423:12,,1834:11, 17 36:23 38,1 42:12 43:21,25 44:1 45:551:752:7,16-18,2374:5,16-17 83,18 Sundays [4] 11,537,1245:12 Supervise [1] 52:18 Supper (lJ 39:16 Supporting [1] 39:7 Supposed [2] 46:21,23 Sure [18] 14,2120:1422:9,12,14 29,10 35 25 40:5 43:5 53,4 58,11 64,7 73: 25 75:22 79:23 BO,3.22 83:24 Surrebuttal [1] 62:19 Survive [1] 23:4 JI , I~ 'Susan [2] 30:2431:4 Swear [1] 71: 11 Swim [1] 40:24 Swimming (3) 14:2-321:15 Switch (3) 9:3,547:9 Switching [3] 37:1680,2383,6 Sworn [4J 7,530:2563:13 71 23 . T Table [1] 66,20 Take [38J 4;1,58;239,4-5,7-811:215: 2516,3,2021:2327,12-1333:336:1 40,2241:2542,3-4,14_15,1743,746, 151,24 52:7,16 53:2 55,24 56:2,6, 18 57,3 58:5.19 63,2,8 Taken [4] 4;652:11 63:3 86:9 Takes [3J 17:518,1656:22 Taking 16] 15:1517,227,1151:2357,6 Talk [8] 32,23 48.10,19,21 49,2,18 58,16 64:13 Talked [5] 10,19 45,18 51:22 77:4 83,15 Talking [9J 15:25 36,1 49,16-17,23 51,6 53, 2561:1765,1 Taped [2J 61:2562:4 Tapes [1] 48:19 Taught [1] 72:15 Teacher [3J 44:278:7,11 Teachers [2J 13:2078:5 Team [2] 24,7,10 Teams [1] 78:5 Teeth [2] 28:977:5 Telephone [4J 71:4,2382:9,21 Tell [19] 8,3 9:22 13:8 28:24 32:20 33:2 35:638:841:1348,12,14.1653,955, 5,17 57:12 64:22 72,12 77:25 Temple [1] 12:19 Term [4] 3:620,1224:17,20 Terms [2J 16:10,12 Testified [4] 7,530:2563,1371:23 Testimony (7) 6:2052,1557,1259,2163,864, 4 85:23 Than [17] 14:1817:919,22-2320:1,3,15 22,19-20 27:10 29,22-23 44,15 53:4 54,2482:683:5 Thank [10] 30,762:1768:4,772,2381,18 65:10,19,2286,1 Thanksgiving [2] 5:1946,17 That [4.15) 3;6,214:1,135'8,11,17,22-23, 256:10-11,228:11,13-14,22,249:9, 14,2010:16,21,2311'2,12,14-15,23 12:3-5,15.2514:5,14,16,1815,1,3,6, 8-9,11,1416:3,1917'1,11,15,17,20, 2518,1019:3-5,9,11,15,17,23.2520: 1-2.6,9-10,1421:5,7,10,13,1722:4, 17-18,21.2423,2,17,1924,6-7,17,20- 2125:4.7-8,16,23-2-426;2127;1-2,6- 8,12,14.18-19,2128:1,5,7,21 29:10, 15,19.2130:11 31:6,17 32 3.6,8,12- 13.16-17,20-21 33:8,11,19-20 34:1,7- 8,14.18.2535:1-2,5,16,1836;9,11- 1337:6-7.15.21,253B:7-8,10,12,17, 22-2339:1.5,10,12.15,17,22-2340:5, 9,11.13.16.18.20.23 41,19-20,25 42, 3.8-9.11,14-15.17-1943:1-5,16,18 44:6.8,10-11.16-17,19.22-2545:1,6, 10,12.14.23-2446:3-4,6-8.12.15,17, 2547:1,9-10,16,18,21,24-2548:1-2. 8 49,3,8,13-15.19 21 50:19,25 51,14- I_il,,_ il I" k- -, ''''"''"''-..............:..... ...;o.....,,~,__~~,,~*"' 15,17,19.2352:2,16,2153:1_2,6,8_ 10,16,19,21-2254,9,23,2555,1,3,10_ 11,14-15,17,19,2357:5,13,15,22-24 58:19,22-23,25 59:8,U,23 60:4,7,9. 11,14,16,2461:7-8,15,2362:1,4-5. 10 65:9 67,6,8,10 68'15,17-18 69:9, 13,20,22-23 70,1,4-6 72,20 73:4,17, 2574,1,10,20,2575:2,1976:6,10,16_ 2177,l.6,8,16-17,2378,2,5,B.15_16, 2279,7,10,13-14.16,2080,3,5_6,8, 11,16.21,2481,1-2,5,7,11-12,15-17, 2582,2.683,4-5,7-8.11.13,2284:1_ 6,9,16,2585,1-2,4,6-7.16 That's [68] 8,239,1210:611:15-16,2516: 617,2418:1119:1220,8,12,1621:4, 1122,2323,5,13 24:19 26:4 27:22 28:1131:7,10,1932:1435:7,10,15 40:2243:14-15,17 45:10,12-13 46,14 48:549:7,9.15,22 51:11-12 53:22 54, 2,5,2057,758:10,2159:961:1362, 666;476:1177:1379:1980,782:24 83:10-11 85:9 The [821] 3:4-8,11,13,16,18-19,21,23-25 4,3-5,8-10,20,225:1,5-7,9-11,14-16, 20,23-24 6,1-3,5-10,13,16-18,22-23, 257:8.14-158,3.7,9,11.16,259:3-5, 7-8,10,17,19-20,24-2510,5,8,10-11, 14-17,20-2411,3-5,8-10.12-13,16,18_ 21 12:4-6,9.11-12,14-15.17-18,20,22- 24 13:2,5,7,9,16,18-19,24-25 14:1-4, 6,10,13,15-16,22.2515;1,5,21.2516: 7,10-11,14-15,17-20,22.2517:2,4,7, 11-12,17-19,24-25 18'6,14-16,18-21. 23-2419,2-3,13,18,2420:6.12,16,18 21:2,4,6,9,12,15-16,18,23-2422,4.7, 17-18,21-22,2523,3,5-7.11,16-18.21_ 22,24-2524:6-7,11-13,17,2025:3-5, 9,11,20-2226:13,17,19,21,2427,13. 18,20-21,23-24 28:3,~-7,13,17.21-22, 24-25 29:17,20,24-25 30:1,4,6,10-11, 1831,5-6,9.15-16,18,21,2532:5-7, 10,12,15-16,19-2133'1,4,6-7,9-10. 13,15,19-20,2534:6,15-16,23,2535, 6.8,11,16,19,2236:4,7-8,10,13-14. 16,21,23-25 37,1-2,6,13,16-17.22,25 38:1-3,8,11,14,20-22,25 39:1.5,9.21, 2340:2-3,6-8,12,14,17,19-20,2541: 1,5.7,10,14,17,20-22.24-2542:5,7-8. 10-11,14,19-21.23 43:2,7.13,20,22- 23,2544,2,4.8.14-15,22.24 45:6,9- 10,13,15-16,19-20,2446:4,8,11-12, 15,18,22-25 47:2-3,7.15,19,22,24 48: 5,7,9,11-13 49:4,8-9,12-13,16-17,23 50,1,5-6,10-11,21 51;5.7,12-13 52:1, 3,11.19,21-22 53:4-5,7,10,22 54,5,8, 11,14,16,20-21,2355:4,11,13-14,16, 19,2456:5,8,13,23-2557,2-3,5,7,16- 17,19 58,8,14-16,19-21.23-25 59:4,8- 9,13 60:2,8,15-16,18.22-23,25 61:1. 3,5-6.9,1362,1,8-9,14,17,2163:1,5, 10,16,20,22-2364:2365:3,9,12-13, 17,2566:1-2,5.8,10,13,15,18,20.22- 23,2567:3,6,10,14,20,22,2568:7.11, 14,16,19,2169;1,5-6,9-11,13,15,18, 20-23 70:2.5,7,10 71:6,8-10,18 72:1, 1273:3,5.8,12,16-17,19,21-2274,2, 4,15,17,23-25 75:1-6,9-11,16,18-19, 21,23-2476:3,5,9-10,12-13,15-16,19- 20,23-2477:1,4,12-14,17-18,21.25 78:3-5,7,9-10,20,2279,1.7-8,12-13. 15,17-18,21-22 80:1-2.,6,8,11-12,14, 16,20-21,25 81:1,3,8~9,11-12,14-16. 20,2582,1-3,7,9,11-12,15,17,21,23- 2483:2,4-5,8-11,13,19,2584,7,10. 15,2285,1-2,5-9.13-15,20,22,24-25 B6,1-2,/;,8,10,13-15 Their [71] 14<1715:1016'1,1-518:321: 2522:10,13,1524:21,2428:829:16, 21 33:15,23 35:10,12,23~24 37:19 36: 10,22,2539:7-8,12,14,2042:143:11, 19 44:9,20 48,24 51:9 55,24 56:2,7 59:12,18,2560,1,1661,3,13,2275' 1776:7,13.1677:2,5-7,10,1278:12- 1480:7,12,17,19,2284:1285,3 Them [173] 3,12,218:17-189,24-2510:2, 411:3,6,8,1213;15-17 14:9.14-15, 1715:13,1516:3,1617:1418:1019: 22 20:4 21:23-24 22:17 25,1,8,21 26, 2,5-6 27:25 28;23 31:17 32,24 33:4, 2034:2.15,1735:1,3,5,9,17,19.25 36: 1, 3 -I, 10, 13 38: 9, 1 B ~ 19 39: 6, 16, 19 40,16,22,25 41:2-3,5-6 42,2,20, 2243,10,12,17-18,2344:5,15,1845: 1-2.19,21-2246:1-2,5,10,23-2447:1- 4,10,1248:2,19-2050:13-14,16.21, 2351:5,8,13,23-2552:5,8-9,16-17, 19 53:2,6 54,18 55:3,8-9,20-22 56:1- 2,6,12,22 57,6 58:3,25 59:2 60:1,19 61:5,2165:5,2167:2,14,2171,1073: 17,19.21,23-2474,14,16-1776:6,17 77:2-4,880:10 Themselves [2] 71:1179:14 Then 149J 5:159:1110,3-513,923:22,25 27,17 28,24-25 31:20 33,11 36:19,22 37,1139,141:843,1844:2545,2.13, 2247,5.11,1448,4-5,19-2050,2253: 24 54,17 58,12 60;1,24 61,18 67:10, 15,2071:1172;16-1773:1274:1775: 1078:1181,1 Therapist [2] 72'11,22 \J~ There {76] 5'56:210,1614:1715:116:10 -"I. Il>","",.~~ - 20:13 1422:827:1733:17-18,21,23 34: 1, 5.13.17 37: 14, 22 3~: 12 39: 18 41:4-5.2042:346:7-841,6-749,22, 2451,S 52:3,17 53,S 55:2,4,7 56,11 574,15,19,21,2359:2360.491119 61,1,16 62:8-9 65:11,15-1~,i9~20:23 66:22,24 67:23 76:14,21 80-4 23-25 82:5 83:7 85:16 - . There'S [13] 10: 19-20 20.15 28: ~ 29: 9 37: 12 38;1642:1643:549.14 51:7 55:6 77: , These [llJ 29:2533:1148:15,18584,13 59:24 62:3 66:15 76:3 81:14 They [213] 3:12,184:215:29:810:311: 1413:11,17-1814:12,1715:10-1116: 2,4-5,13 17:20,22,24 18:6-7,9,23 20: 222:1,3,6,8,10,13,15-1624:3_425: 1,6,16 28:3 29:17,21 33:11,20 34:10, 14,1835:9-10,14,16-1736:18_19,23 37:2,13,18-1938:9-10,14_15.17,24_ 2539:1-2,11-14,17,20,22,24_2540:4, 14,17,2341:4,11,2542:2,2543:3,13, 15,1844:1-3,5-7,19-2148:11_12,24 52:2,11-1453:554:5,2455:556:15 57:8-9,18,23 58:6 59:12 25 60.1-3 9 16-1761:262:165:1066:1067,12' , 70:673:10-11,13,2274:5,1175:1,9, 12-15,17-19,22-23 76:2,6-8 77,3,6,9, 16-18 78:6,11-12 79:13 80,7 13 16- 17,19-20,22-23 81:9,15 84;1; 8~:2-4, " They're (25) 11:1417:1528:4,1835:14,23 36:16 39:25 40,13-14,20 43:5 51:4, 1054:2555:556:4,13 58:13 59:18 62:376:477,18 They've [7] 12:2222:1824:1243:1555:959: 1761:2 Thing [7J 33:3 37 23 53:10 58:10 62:4 65: 9 83:4 Things [40] 10:11,18,2513:10,13,19-2014: 5,13-1517:121:1722:1633:2534: 14 37:15,21-22 40:21,25 41:5 43:12 48:15,23 49:16,23 51:6 53:25 58:4, 13,25 59:8 60:5,20 61:2 77:10,13 Think [83] 3:21 8:6 11:13 13:4,6.15 15:5, 916:119:820:1221:22,2422:1-2 23:5 28:21 29:20 34:25 36:2,11-12 38:12,1439:9,20,22-2340:2444:17, 23 45:4,6.10-12 46:14 47:17,23 49,3, 11,13,15,19,22-23 58:6 59:3,8-9,23 60:2361:1,8,13,15-16,21,2567,6,8 69:1973:1974:2,575:7,12,2576:2, 1577:11 81:25 82:4,23 83:11 84:16, H Thinking [I] 46:13 Thinks [1] 43,16 This [99] 3:45:8,206:3.238:229:9,13 10:2,8,10,13,2211:1212:713:515: 1916:1517'14,1918:222:2524:16 25:1,13,21,24 26:9,21 28:10 29:11 30:9 31:6,21-22 32:2,24 33:18 36:1, 17-1839:1141:243:2244:1,1145: 18 48:8,21 49:10 55:3,6 56:15 57:13, 1860:2265:468:8,19,2469:570:5 71:873:6,975:15,2076:10,16,18-19, 24-2577:3,1678:1-2,12,2079:8,14, 21,25 80:4,8-9,12 81:3,8 84,13-14, 17,2586:2,5 Those [26] 3:156:7,10.14,1713:1914:5 16:1217:120:323,21,2329:1731: 2034:1537:14 38:15 40:1,4,15-16 51:14 60:5 75:25 77:10 Though {lJ 67:7 Thought [7112:1234:1745:74-/:1651:1854: 2 56:9 Threats [I] 49:6 Three [22J 9:2,25 13:16 23:2~ 31:5,16,20 34:6 36:22 37:9 45:25 '6:8 47:6-7 48:6 50:13 54:18 55:2 74:15 76:9 78: 384:1 Three-day [2J 76:978,3 Through [21] 11:712:2313:24 :a3:14 29:7 34: 2 36:19 37:5 41:18 43::a5 44:3 48:7 49:16,23 52:19 53.25 51:6 74:4 80:4 82 3 83:8 Throughout [5J 14:1-216:2275:585:13 Thursday 16] 6:637:1040:247:4,1273:24 Thursdays [11 45:23 Tickets 1.,.IlI [lJ34:1 Jf Time [125] 3: 4 8: 3, ~-8 9: 20 10: 12,24 11: 8- 9,12-1313:514:1415:517:1819:3, 8,10,1422:3,5-6,1825:9,2127:13, 2528:17 29:17 30:9,11,19 32:1,4,6, 1933:9-10,1534:24-2535:8,11,17, 19,23-24 36:2,10,12-13 37:138:2 39: 16,1940:2041:445:6-9,11,13-14,16 46:3,15,1950:2551:2-3,6,10,2153: 555:6,12-14,1656:1357:13,1658:2, 20,22-2460:2462:11,1864,665:12, 15,20 66:1 67:15,25 68:9 73:17 75: 13 78:2179:17-18,20 80:2,8,13,17, 1981:1082:683:584:13 85:6-7,14 Times [31J 8:159:228:2,732:433:1,23 34:5-6,15 35:9 36:3-4,8-9 44:21 45: 1746:848:6,1653:754:1155:257: 19,2261:1,9,1779:1982:5 To [525] 3:12-15,18,254:1,9,155:5,8, 14,236:4_5.7,9_10,14,17,227:14,16 8:7.15-18,24 9:3,6,20 10:1,3,8-9,14, 16-17,19,22_23 11:2.6-8,11-13,16,19 12:5,9,13,15,18,22,24-2513:4,6,14, 16-1814:6,9,13,15-17,1915:2,6,10, 15,19,21-22,2516:3,12,16,19-20,25 17:1,3,18,20,2418:2,10-11,1619:2, 6,18,24-2520:3,5,10,17,19,22-2521: 5,21-25 22:3 23:4-6 24:13,18 25:1,4- 5,15,2426:5-8,11-14,16,2027:2,4, 10,12,16,24_2528:2,20,2429:13,16 30:10,12,14,2131:11,15-18,2132:2- 3,13,15,17-19,2333:2,4,9,13,20,24 34:4.6,8-9,14-15,20,2435:1-2,5-6,9, 22,2536:2137:3,5,7,10,13,22.2538, 4.12,15-16,18,22,24-2539:2,7.16-17, 2440:1,3,5-6,12,15-16,23-2441:1,3, 6-7,11.13,17,19,22,2442,1,4-6,13- 14,2143:4,8.10-14,16,18,20,2444:1, 5,7-8,10,13,15,24 45,13 46:1-3,5,9, 13,17,19,22-23,2547:2-5,9,12,16,18, 22,24-25 48:2,5,8,10,12,14-17,19-21 49:2.4,8-10,12,17,2250:4-5,19.21, 23,2551:3-6,12,17,23-2452:2,5,12- 14,16,18-22,2453:1-2,11.13,21,23 54:4.10,22 55:9.12-13,18,23-24 56:2, 12,18,2357,3,18,21-2258:1,3,8,19, 2359:4,6,2360:3,11,14,16-17,22,25 61:6,13,19,21-22,2462:1,5,8,19,22, 24-2563:6,864:265:2-3,13.2066:4, 867:2-3,15,2468:1569:1,10,21-22 70:271:4,10-1172:1873:10,1374:4, 11,13,15-17,23-2475:1,8-9,2076:6, 12-14,19,21-22,2577:1-4,7.9,13,16, 2178:7,11,13,2079:6,2380:8,10,22 81:6,14,16 82:4,7,12 83:3,11-12,19 84:2,7,2586:13 Today [2164:471:14 Today1s [2] 64:569:14 Together [10] 34:1653:2360:1661:13 64:11, 2465:1067:1774:2485:17 Told [6113:1752:2,1253:10,13 57:5 Tomorrow [2J 65:5,22 Tonight [IJ 24:16 Too [2] 49:225224 Took [10J 15:134:1737:2441:2,6,8,19 52:17,1956:12 Top [1] 26:19 Tough [1J 42:4 Towards [1] 75:16 Transfer [lJ 25:22 Trial [5] 12:18222543:2248:849:9 Tried [41 10:14 74:15,18 76:19 Trip [2} 42:6,16 Truce [1127:20 True [lJ 19:23 Truly [1] 36:9 Trumpet [lJ 36:24 Trumpets [1] 39:21 Truth [1J 20:16 Try [22] 15:19,22 16:3 20:23,25 25:4 26: 8,1628:2032:3,17,2338:1543:12, 16 45:23 48:10 49:10 74:15,25 75:3 86:13 Jtllllliillilillll_L ,..-,- Trying [IS] 8:1510:111:6-714 1427:4,10,1235:14024 83:10 Tuck [1J 50:21 Tuesday [9J 23:20-2137:3,942:2147:1-2,11 54;17 '." " Turn [1] 26:6 Turned [3] 65:7,13,23 Twice [2] 28:1036:18 Twin [1] 4:25 Two [31] 5:1211:1913:1717:1018:15 20:6 23:24 28:24 33:11 34:6 35:7 37: 3,1740:10,1541:1644:746:450:10, 17 51:7 52:4 53:11 54:2 55:6 61:9, 1762:978:5 Two-week [2] 50:10,17 Tylenol [2] 33:3 48:14 Type [5132:1834:10-1139:1644:20 Types 13J 14:548:1877:10 u Uh-huh [3] 50:959:2066:14 Unacceptable [I] 19:9 Under [615:8,2437:13 50:19 70:6 86:9 Understand [2J 57:1168:15 Uniforms [1] 37:15 University [2] 72:14,20 Unless [3] 4:251:1054:10 Unresolved llJ 79:13 Until [17J 3:245:166:68:910:5,823:19 31:21 41:17 43:22 45:21 66:24 73:18, 24 74:6 76:12 78:4 Up [47] 102516:2017:2,719:2520:1, 4,25 25:16,21 26:5-6 32:25 34:17 35: 25 36:3 41:25 42:16 44:13 45:1 48:2, 4,2351:5.852:2255:3,8,18,20-22 57:18,25 60:2 64:6,24 65:3,5.22 66: 18 67:20 72:18 75:9 79:19 82:5,7 Upcoming [1] 75:21 Upon [4] 68:2469.2379:1586:5 US 14J 8:321:146:1553:10 Use [3] 24:17 27:12 48.25 Used [3J 24:2029:13 41.24 Usually [12J 23:17-18,21,2324:229:1145: 19 51:9 58:7 67:16,22 78:5 Utilized [2J 36:13 58:23 v V (2) 3:571:9 Vacation [6] 16:11 21:9 41 5 45:17 82:8 83:9 Vacations [2175:979:22 Van [3] 65:8.14,24 Varies (1123:16 Vegged [1] 41:9 Verbal \1121:2 Verbally [4] 20:2446:962:9 very (31) 15:11 27:7 34:18 39:24 40:22 42:25 43:3-4 47:19,24 48:22 52:23 55:1558:759:1,7,1762:565:11,18 67:171875:1176:477:1.1980:6,10 I.."" '""'"'''''~c\; 26: " 81:285:22 Via [lJ 71:23 View [2J 26:3-4 Visit [8] 8:10 14'4 25:1 38:22 59:4,7 Visitation [4J 12:11173:14-1574:19 Visited [1] 21:15 Visiting [2] 11:159:7 Vital [2] :<1:2422:2 Voiced [I] 15:1 Voicing [I] 81:9 Vomiting [lJ 48:14 " w Wait [3] 56:2360:2267:3 Waiting [I] 82:11 Walked [lJ 65:1 Walking 13J 64:10,23 65:9 Want [49J 3:2511:3,15-1612:5,1815:25 17:25 18:11 24:21,23 26:8 30:10 31: 17 33:2,11 34:14 35:9 42:2 43:13-14, 1644:1345:946:948:12-13,15-16 49:2150:455:1258:23-2459:662: 2267:277:379:17,2080:16-17,19 81:9 82:12 84:10,12 Wanted [24J 8:1713:1819:327:243'2:11 33: 24 34:2,4 35:1-2 39:1 42:6 45:7 47: 21 48:2 51:3,15 53:14 58:8 66:4 75: 20 76:24 79:18,23 Wants [6] 11,1145:124920-2153:255:11 Was [157J 4:6,245:36:2-384.11,16,20 9:5,1710:12,15-16,21-2211:5,2312: 4,13 13:16 15,1,5,8-9 19:5,8-9 20: 1321:625:3-6,826:3,12,2427:128: 1631:1732:2433:1034:1,1735:1-2, 5-636:1,3-438:7-839:1240:1141: 842:2146:19,21-22,24-2547:2,14, 16-17,2149:850:651:3,6,16,18,23 52:353:14,19,2255:6,1556:13,25 57:2,13,1561:4,10,1262:463:364: 2565:2,4,7-12,14-16,19-22,2466:1- 2,15,24 67:6,21 68:21 71:4 73:14,16, 19-2074:375:7,11,1876:9,1277:1 78:2479:20,22,2480:13,21,23-2481: 282:4,6,10,1983:4,884:285:7,16 Wash [2J 38:1139:2 Wasn't [3] 20:2540:1153:14 Watch (1) 15:6 Water [4J 41:858:8-9,18 Way (21J 8:71(1:19-2012:615:2525:9 29:24 35 7 38:22 40:2 42:18,21 46: 15 49,24 53:22 54:20 63:7 64:25 75' 20 76:25 84:3 We [118] 3:6,20-216:16,217:158:14- 15 9:17 11:21-22 12:8-9 14:1,3-4,25 19:2 20:13 21:14-16,19-20 23:4 24: 1227:16,2031:19,2432:3,6,_16-17, 23 34:8,15 35:3 38:11 39:10 40:3,21- 2441:7_10,1743:2344:10_11,2145: 4,17-18 46:14 48:5,23,25 49:3,9-10 51:2 52:22 53:13 58:3 59,7 60:1 63: 764:10,23-2565:1066:11,17,19-20 67:16,2471:9,1174:14-15,18,2575: 2-3 76:19 77:2 78:2,4 79:21 80:3,8, 2581:182:2384:. We'd [1] 63:8 WeIll [12J 4:5 38:18 41:1 45:5 60 25 63:2 68:19 69:18 70:2 78:22 86:2 We're (5) 3:16302161:1677:13 82:11 Welve [4] 8:1213:1514:243:23 Wednesday [201 6:5 8:9,23 10:4 32:5 37:10 42: 1244:16,1846:2447:4,1150:7,20 59:14 73:20,23 71:6,18 83 19 Wednesdays \11 19:5 Week \~ .r._,l.r""'--'<i'-W ~"" ",< ~ ~ [37] 9:24-2521:13,2323'2224,14, 16 28:24-25 29:2,7,17 31:17 32:6 36: 18,21-22 37:3,9 38~9 41:2 46:25 47: a 50:6,10,13,17 52:1154:1_9 57:17 59:1473:2275:1076:10 Week's [1] 21:9 Weekend [9] 10,123:1832:542:19-2051:11_ 12,14 73:19 Weekends [5] 19:545:1502051:2273:23 Weekly 1216:152823 Weeks [8] 28:24 3S:3,20 50:17 5'1:17 76:12 77:1481:14 Welcome [3] 17:225523 S5:24 Well [2S] 3:234:410:1119:2321:1422: 6 23:16 30:1S 40:17 42,25 43:3-4,6, 6,10 44:1S 45:17,21 56:21 5S,1 59: 13,17-1S 60:6 62:3 75:7 7~:S 83:25 Went [1S] 11:2212:13 19:2 21:1,4 22:4 3S: 21 44: 7 51: 15 52: 13 60: 3 ~5, 15,25 72:16,18-19 SO:22 85:4 Were [44] 3:124:2021 6:7-S 6a5 9:8 10: 12,1614:2515,2118:221;2,725:6_ 7 27:7 2S:17 34:15 3S:10.~4 44:6 46: 752:1756:1160:1964:6.<'0,16,19, 23 -24 65: 10 75: 1, S, 12 -13, ~2 SO: 13, 23,2561:15 S2,5 Weren't [3] 3S:12 62:2 SO:22 Wesley 13J 69:16 70:S S6,11 What 177] 5:24 S:22,24 10,6,9,1.4-15,17 11: 15-16 12: 2 13: S, 13,18, ~4 14: 1, 10 15: 16,24 lS: 11,14, is 21: 1~, 16 23: 14 25: 18 29: 13 14 31: 14, 19 3~, 25 33: 2 35:10,22 36:14,25 37:4,7 ~8:16 39:5 40:19 41:5.14 42:10 43:15 46:12.21 48:5,12,17.23-24 49:9.20 '2:10 54:2 56 25 62: 6 64: 22 72: 8,10, ~3 73,16 74: 2,13 75: 8 76: 6 77: 25 7~: 10,12 Sl: 9 S3:25 84:10,12 What's [2] 23:9 2S:11 Whatever [6J 9:7 12:16 39:2 46:2 4~.15 67.24 When [59] S: 10 9: 16,22 12: 13 l~: 13 14: 25 15:2 16;23 19;2 23:25 24:7,10 26:23 29:6,1130:1431:14.2432:2333:23 34:1535:1.2338:6,21,24,;9:11,13 41:1 42:20 43:22 44:13 45:7 47:23 50:5 51:2,24 54:S,16,23,25 55:8,11 56:5,12,21 57:2,5,1S-19 60:19 61:2- 3 64:S,23 74:23 76:4 60:21 62:5 Whenever [4] 20:13 26:6 39:3 64:24 Where 131] 7:10,18,239:1015:1518:723: 2324:331:1134:735,22,2538:16 41:9 42:2 43:11 45:12 49:17 52:11 57:7 59:11 61:4 63:1S,25 65:15,24 73:21 74:16 75:17 80:23 82:6 Whereupon [14] 4:67:330:2363:3,1168:2170: 10 71:4,21 76:24 62:9,19,21 86:15 Wherever [1] 36:8 Whether 14129:2062:22 7S:12 85:14 Which [14J 13:7252126:636:17,19,2139: 15 41:8,19 44:8 45:10 46:23 57:869: " While [6] 28:16.21 49:18 51:4 55:2 62:11 Who [9] 7:1217:1224:2329.1632:2441: 11,23607 Who'S [1] 35:25 Whole [101 34:4 36:1 38:2 45:11,22 46:4 51:S,12,2257:16 Whom [1] 19:20 Whose [lJ 63:8 Why [141 10: 7 15: 9.13,16 16: ~ 19: 12 21: 2 27:22 32 15 45:21 49:2,9 76:11 80, , Wiffle [2] 13 1121:14 Will [26] 365:11,176:16,187:136:19, 22 37:6-7,9,19-20 36:8 5~:23 55'5 ,,- " 56:2457:19 71:10-1177:678:3, 6-9 SO:4 Willing [5] 18:1049:1282:4 B3:3 84:2 Wing 0] 11: 17 Wings [1] 41: 16 Winter !lJ 54.14 Wise [1] 17:16 Wish 12] 68:1569:22 Wishes [1] 69:21 With [231] 3:7,9,124:9,155:17 6:S 7:12, 14 8:7,11,24-25 9:3,6 10:9,12-13,17, 2411:6,8-9,13,22-2312:1-2,513,5, 2414:9,1415:2,11,2117:13,15,18, 20,22-23 18:3,9-10 19:11,14,17 20:2, 11,20 21:12,25 22:6 23,16,21 24:1,4, 21,2325:1,5,926:9-1027,&,2528:6, 8,23 29:4,6 31:9,12.15,24 32:6,20- 21 33:11-12,14-15,19,21 34:15-16,18 35:11,17.19-2036'3,10,1337:14,19, 2238:9,2239:21-2240:7,17,19-20, 2541:3,14,17,20,22,2542:4,7,9,22 43:22 44:2,18,20 45:e,13,15,21-22 46:5,15-1747:9,19 4e:3,8 49:1,12- 1351:1,3,7,13,15,17,2152,1054:e, 12,14,16,24-2555:6,10,12,1757:2 58:20,25 59:1,4,8,10,25 60:9,18 61: 862:5,2264:5,9,1766:1067:17-19 6B:25 69:2170:5 72:15,21,24 73:2,5, 8,1274:14,2375:10,12-13 76:2,8-9, 1777:2,12,1478:3,9,1579:8,17-1S, 2280:12-13,17,19-2081:15 &2:1,9, 2183:6 84:2,10 85:3,5-6 Wi thin [2] 30:1886:14 Without [3] 10:8 32:la 39:17 Witness 115112:1718,16,20,2330:958:16 59:1661:163:6,2266:1669:1174:4 85:2466:1 Witnesses 0] 62:2068:6,12 Womanhood [1] 46:24 Won't [1] 55:10 Word {I] 22:7 Work [41J 7:19-2114:316:2423:1,3,9,15. 22 24:5 25:7 26:8.10,15 26:22 29:4, 11,14.17,2231:239:1541:1342:3,5, 2144:1045:2146:1,1051:1754,4,9, 18,2159:1065:167:2575:584:14 Workday 11] 23:19 Worked [11] 6:3 17:11 21:15 28:6 42:19 44: 17 56:4 73:11 75:7 77:3 79:21 Working 120J 5:2412:2316:2120:2521:323: 25 27:14 45:20 46:4 49:11-12 52:3 53:11,22,2567:2172:21,2477:1081: , Works 16] 9:23 29:6-7,12 38:23 54:20 Workweek [1] 54:16 Worried 12] 10:1758:7 Worry !IJ 58:13 Would (84) 6:22 7:8 8:10 9:4 10:1-5,15,17, 21.2515:2216:1518:919:422:17 23:1924:3-425:7,2030:1231:332: 3,10,23 33:1,3-5 37:11 36:13,25 39: 1,3 40:16 41:6 44:10,21-22,25 46:24 47:6,9-10,1348:1-2,24-2550:11,20- 21 53:1 55:20 56:10 60:2 61:21 62: 24 63:6 67:14,20 71:18 74:16-17,25 75:3,9 76,11,18 77:2 78:1,6-7,10 79: 1281:12,16-17 Wouldn1t 12] 84:1,18 Write [2J 40:34524 Writes I1J 48:18 Writing [2] 11:727:16 Written 12] 20:2236:2 Wrote [1] 78:16 i~..... 1 I, !I''''''I~ ,'.", ".j"i'<;, y Yeah [6] 23:11 45:4 47:5 67:2,12,16 Year [lS] 5:8 6:23 10:8 11:4 16:15 17:11 34:3 35:15 36:17 39:11,24 44:6 56: 1273:1075:2176:23 Year's 11] 5:19 Years [8] 4:11,17,255:46:38:233:1644: , Yes [62] 6:12,157:229:1511:2112:17 14:2415:4,816:9,13,2518:2320,13 22.1624:2525:12,14 27:1,3 30:13, 2132:2,1033:1735:14,2043:18,22 44:3 50:15,18 51:4 52:13 59:2~ 61: 14 64:3.21 65:5,19 67:2,13 69:25 71: 2074:12,2277:2478:1779:4-5,980: 9,1581:4,11,1782:1483:3,1764:11, 1565:e Yesterday (2) 64:5,20 Yet [2] 19:1369:5 You [307] 3:19,256:9-10,14 7:e,10,12, 14,18,258:3-4,13 9:9-10.22 10:7,9- 1011:181912:13,18,2013:4,9,13- 14,2414:6-7,10,19,2215:1-3,5,7,9, 15-16,21-2316:8,12,14,16-17,2317: 7-6,17 18:3,9 19:3-4,6,10 20:6,9-10, 1721:6-7,9,12 22:4,18.21-22 23:8, 1124:7,10,17,2025:10,15,18,20 26: 8-9,16,20,2427:2,4,7,21,23-2428:6, 10,16-17,20-2329:4,12,15,2030:6-7, 10-11 31:3,6-9,14,25 32:13,15,20-21 33:6,10,13,2534:13,2035:7,18,25 37:16 3S:19-20 39:1,5,20 40:6,14-15, 19 20 41:6,13 42:14-15 43:11,20 44: 2245:5,21-2246:1,3,9.18 47:8-9,le 4e:7,13 49:12-13,17,24 50:4 51:18, 20 52:10-11,15,20 53:3-4,8-11,16,19 54:2,9,17,23,2555:11-1356:9,2357' 8,11,20-21,24 58:11-12,14 59:3 60:8, 24 61:9,20,23-25 62:9,17,22 63:18, 2021,2564:2,4,8,13,17,1965:5,21 664,1967:3,67,10,216e:4,7-8,15 69:1871:11,1872:1,5,12,2373:5,e, 17,2574:11,2075:2576:15,2277:20, 2576:1679:4,6,10,1680:5-661:2,5, 14,16,18,25 82:12,23-24 63:2,7,15 64:6,9,12,16,25 e5:10,13.19,22,25 86:1 You'd II) 44:13 You1re [14] 15:2522:21,2423:2524:1530: IS 31:5 45:15 46:12 54:9,17,19 56: 11 e5:24 You1ve [7J 16:722:17,2523:131:2143:7 66:12 Younger [5] 5:364:3,11,18-19 Your [97] 3:176:15,217:812:1,713:5,8, 14,2114:7,20,2315:616:17,2417: 18 IS 6 19:4,11,15,16,24 25 20:1,6, 2122,5,18,2223:9,1424:1,10,1626: 24 27:6 2e:7,17-18,22 30:9,19,22 31: 3,8,11,2435:2239:641:13-1444:14, 2546.2 48:8 50:19 52:10,15 54:4 57: 12 59:21 60:24 61:19 62:15,19 63:16, 2164:16,19-2065:1866:867:116e: 6,13,1870:171:1972:1,6,10,13,23 73:25 75:6 76:15 77:21,25 7e:15 e1: 6,e e4:9 85:23 Youth \~D [1] 44:e _c, Id ~ -I., ,I '-', -, ,~.~ ,t, . C E R T I FIe A T ION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ~r-t Dat 2'1-2oo( , 87 V\\ c o " . \ ROBERT J. MARSH, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2001-1873 CIVIL ACTION IN CUSTODY KATHLEEN S. MARSH, Defendant CONCISE STATEMENT OF MATTERS COMPLAINED OF 1. On August 21, 2001, this Honorable Court after a hearing on the issue of Child Custody, entered an Order awarding primary physical custody of the parties' children to Defendant/Mother and periods of partial custody and visitation to Plaintiff/Father. 2. On September 18, 2001, Plaintiff/Father filed a Notice of Appeal from that Order. The specific matters complained of in the Appeal are: A. The Trial Court abused its discretion when it reduced Plaintiff/Father's visitation with the children without any justification. B. The Trial Court abused its discretion when it reduced Plaintiff/Father's visitation with the children and rej ected, wi thout reason, the recommendation of the psychologist who was employed by the parties to help them resolve this case in the children's best interest. C. The Trial Court abused its discretion when it failed to consider the express wishes of the children, who are of an appropriate age to voice \&.?J j Date: i 'I II o (I . . their opinions in a child custody matter, and who did so through the psychologist. D. The holiday schedule set forth by Order of May 10, 2001 was satisfactory to both parties and was changed without basis to eliminate all but two (2) holidays and to change even the times the parties had agreed on. Respectfully submitted, DISSINGER AND DISSINGER Ju hiD I '--pf~ () CI~c.- ~ Mary . Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 .x~ '\ o '.~ ' - 1-1):"1 o " I ROBERT J. MARSH, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2001-1873 CIVIL ACTION IN CUSTODY KATHLEEN S. MARSH, Defendant CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon The Honorable Judge J. Wesley Oler, Jr., by First Class United States mail addressed as follows: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse On~ Coprthouse Square Carlisle;PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Date: (d Ii lal . ()~ ' "-- ~ Etter DiS~ l. :1 ~'7 ",;1) 't' , , \~ II ,1~_.;1'-~'~'~i - ,-,~' Jh!__~~~:Mjjjjjti!,~!;,jf.>,'W;,"'t~""'_!J'ili'2;o",'ili<."'lli>OJ:.l".~j;H.liMtii!i~:!liilii5ir Jj;W"-.,",,---~.~,"-~"~~ "~- ~ ,>__~.. ,. .l __.",~, "_"",",","'''''''''"~"",",,,,'''_, ..."..-.I~-,..,_,~. ~,.-~_," ,~'."'. "~_ "-' "-, ~- ,- , " ~, liJ:ilJIlljji.'i;:,.,J,ljllil!llOilil. o """""""',", C) ~; d]tr:. 1::7 -<0__ C/} ~. .-- ~~ ~;-~. ~;'~ "/ :::j -<. . "",,j C) s-:> Cl .-1 UJ cs (}l ~~>" ,,,~ ~_.- , ' I ~'" - ~--- j , c . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM IN RE: OPINION PURSUANT TO P A. R.A.P. 1925 OLER, J., October 15, 200l. In this custody case, Plaintiff father has appealed to the Pennsylvania Superior Court from an order which awarded primary physical custody of the parties' three children to Defendant mother. The bases for Plaintiffs appeal have been expressed in Defendant's statement of matters complained of on appeal as follows: A. The Trial Court abused its discretion when it reduced PlaintiftlFather's visitation with the children without any justification. B. The Trial Court abused its discretion when it reduced PlaintiftlFather's visitation with the children and rejected, without reason, the recommendation of the psychologist who was employed by the parties to help them resolve this case in the children's best interest. C. The Trial Court abused its discretion when it failed to consider the express wishes of the children, who are of an appropriate age to voice their opinions in a child custody matter, and who did so through the psychologist. D. The holiday schedule set forth by Order of May 10, 2001 was satisfactory to both parties and was changed without basis to eliminate all but two (2) holidays and to change even the times the parties had agreed on.l This opinion in support of the custody order appealed from is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). 1 Plaintiff's Concise Statement of Matters Complained of, filed October 9, 2001. \~'w ~. ^~'~'lWlIIijQl.. -"fi~i&lfiJ '....._'''~I'%\e&.iG'''*i~;t,{,~~_~v.lII!J . -~- , -"~ , ~ ~~" "",Y' I~'\ ~~@1t-i~ ,~,,"-. ,-~, c,'=c"''"!'''1'''1''''''' - o 'v'INiiA1ASNN3d AlNnOD ()~NlI3j8I'Vro 'II :Z Hd S I DO 10 ^tr'r/.~^"I"" -" "" ". ')1',< I'"'' ,." .h" "U .\ H...' ',;,'.........., ,..l,~ ,'"' 30L:l:fC>031d I ",J '.- .~,.." "'- <-,~'-, .~,~~ -ilJ II , , , , 1 II II ,I f !I " II I II II I , I I , I I I I I I . . o . I STATEMENT OF FACTS Plaintiff is Robert J. Marsh, 40; he resides at 360 Old State Road, Gardners, Cumberland County, Pennsylvania.2 Defendant is Kathleen S. Marsh, 40; she resides at 11 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 3 The parties were married in October of 1986.4 Three children were born of their marriage: twelve-year-old Danielle Nicole Marsh (d.o.b. December 20, 1988), her twin sister, Alicia Christine Marsh (d.o.b. December 20, 1988), and their nine-year-old younger brother, Aaron Robert Marsh (d.o.b. October 21, 1991).5 The parties separated in April of 1997, and were divorced in October of 1998.6 Plaintiff father is a restaurateur who owns and operates a pizza shop on Spring Road in Carlisle, Cumberland County, Pennsylvania.7 Defendant mother is a registered nurse, who supervises a wing at the county nursing home in Carlisle, Cumberland County, Pennsylvania.8 The parties' residences are about ten miles apart. 9 When the parties separated in 1997, Defendant mother remained with the children in the family home and maintained her role as their primary caregiver.10 2 NT. 4, Hearing, August 15 and August 20,2001 (hereinafter N.T.-'l. 3 NT 4. 4 NT. 4. 'N.T.4-5. 6N.T.4. 7N.T. 4, 7. 8 N.T. 4, 41. 9NT.18. WN.T.31. 2 . - "f \f' o . I Defendant father sought (and received) only overnight custodial periods, three times per week. I I Under this arrangement, the children have prospered in school, both academically and socially.I2 Defendant mother has established a routine whereby she oversees completion of their homework,13 facilitates their participation in extracurricular activities such as sports,14 and promotes their regular attendance at churchY Her normal work schedule is from 7:00 a.m. until 3:00 p.m.,16 which enables her to get the twins on the school bus (a neighbor facilitates Aaron's transportation to school)I7 and to be available for the children at the end of the school day. 18 Her employment situation is flexible enough to accommodate changes in her schedule when necessary for the children. 19 Defendant mother has also been accommodating and cooperative with respect to permitting the father and his family and friends additional time with the children20 and providing the father with information about the children.21 The strong impression of the court with respect to the mother is that she is devoted to the children, displays a high degree of common sense and understanding in parenting, has not allowed hostility toward her on the part of Plaintiff to affect the children, and has the best interests of the children at heart. II N.T. 31, 41. These periods were on Sundays, Wednesdays and Fridays, from 6:00 p.m. until the following mornings at 9:00 a.m. NT. 6. 12N.T.43. 13 N.T. 44, 59 14N.T.43. 15 N.T. 43-44. 16 NT. 39, 41. 17 N.T. 41. 18 N.T. 42. 19 N.T. 42. 20N.T.34. 21 N.T. 40. 3 \J!o - ~.-, <' -- .' o o Plaintiff father is also a loving parent. He still harbors, however, a high degree of resentment toward Defendant with respect to the dissolution of their marriage?2 This resentment finds expression in his general refusal to communicate with Defendant by other than sealed writings which he hands to her,23 his zealous pursuit of hours with the children at times when their own interests might be better served by a more flexible approach,24 and his refusal to accommodate Defendant's reasonable needs.25 Thus, Plaintiff has rejected Defendant's attempts to relate the history of transient illnesses which the children may have, advising her, "I don't want to know. Just tell me what to do.,,26 Plaintiff has told Defendant, "I don't want quality time, I want my half the time.,,27 He refused to alter Defendant's pick-up time for the children to facilitate her attendance at the hearing in this case.28 An example of the difficulties which the parties experience in working together for the children's benefit was provided in the following testimony of Defendant: Q And did you request, I guess, of the father on July 4th[, 2001,] to exchange some time, and it was rather acrimonious? A What happened was, July 4th, I was supposed to have -- according to the conciliator's schedule, I was supposed to have them in the afternoon of July 4th, which was a Wednesday, and Bob would have had them in the morning. The week before, I saw that it was my week to have them Monday and Tuesday. I just really felt that it was not good for 22 N.T. 79. The court did uot find persuasive Plaintiff's testimony that his initial anger at the parties' separation has been replaced by pity for Defendant. N.T. 20. 23 N.T. 20-21,48. 24 N.T. 46-48. 25 N.T. 26. 26 N.T. 48. 27 N.T. 45. 28 N.T. 26. 4 \~ ,~ " o o , the kids, to drive them Tuesday night to Bob to have them for the morning, give them back to me Wednesday afternoon, give them back to Bob Thursday morning, and then him to have- yeah. There would have been like three exchanges there in the matter of the three days. So I called Bob the week before, and I said, Bob, if you don't have anything planned, would it be okay with you just to switch that morning and afternoon so that I would just keep them from Monday, Tuesday, into Wednesday afternoon, and then he could get them Thursday afternoon to keep them into Friday, because it would stilI be a half a day and an overnight. Then Monday night, he called me. I was out in the garden. And he called me, and he said, asked me if I had given any thought to how many hours that was. I couldn't think. I said, no, I haven't. I knew it was a night and a half a day. I just put that out to you. And he got very angry with me and nasty screwing him out of the hours. He wanted every hour that he was entitled to, and it had to be done to the hour. So I offered-I said, I can't think. I just couldn't think when he said that about down to the very hours. So I called him back. I said, I need to figure that out. And I called him back and said that he would have been short one hour, so ifhe wanted to pick them up at 1:00 instead of2, that would be fine with me. So then he left me a message, 1 :00 pick-up is fine. And so that's what we did then to keep the children from going back and forth three times.29 Although Plaintiff is focused upon the relative number of hours of custody which he feels he is entitled to, the children frequently are with his relatives rather than him during the periods of custody which he has.30 In one period, for instance, of sixteen occasions when the children were transferred to his custody he was himself present at only four of the exchanges.31 The children frequently sleep at a 29N.T.47_48. 30N.T.35_36. 31 N.T. 35-36. 5 \~u . . o . . relative's home rather than his.32 This situation has caused the mother to observe , correctly in the court's view, that, although "[h]e needs more time. . . I don't think that he really ever utilized the time that he did have with them.,,33 When the children expressed a desire for an expansion of Plaintiff father's custody beyond periods when they were asleep most of the time,34 he filed a complaint for shared custody on March 30, 2001. A custody conciliation conference held on May 1,2001, did not resolve the issue of custody.35 However, a temporary order recommended by the conciliator, which was issued by the court on May 10, 2001, reflected an agreement of the parties as to several custodial matters and scheduled a full custody hearing before the COurt.36 The terms of the temporary order of May 10,2001, included provisions for (a) shared legal custody, (b) periods of physical custody during the summer in alternating blocks of two weeks, and ( c) a holiday schedule.37 The basic issue of physical custody throughout the school year was not addressed by the temporary order. The order noted that "[i]t is acknowledged between the parties that they are experiencing serious divisions in their relationship which are, in turn, having an adverse impact on their ability to co-parent the subject minor Children.,,38 Shortly after issuance of the temporary order, the parties adopted a variation of the shared custody arrangement for the summer, whereby on an alternating basis each had custody of the children for four days of one week and three days of the following week.39 32N.T.66_68. 33N.T.36. 34N.T.I0. 35 Custody Conciliation Summary Report, dated May 4, 2001. 36 Order of Court, May 10, 2001. The hearing before the court was held on August 15, 2001, and August 20, 2001. 37 Order of Court, May 10, 2001. 38 Order of Court, May 10, 2001. 39 N.T. 12,74; Plaintiffs Exhibit 1, at 1 (Report of Elaine S. Rissinger, Ed.D.). 6 \0\ e - w \ A therapist whom the parties engaged for the purpose of promoting their co-parenting skills40 agreed to assume the role of advocate for the children's wishes and did so at the hearing before the court.41 (The parties did not wish to subject the children to the stress of direct participation in the hearing.42) In this role, the therapist reconnnended that the court adopt, on a trial basis, the children's preference that the sunnner shared custody arrangement be continued into the school year. 43 The children's tendency to maintain a status quo, however, had originally manifested itself in a reluctance to enter into an arrangement whereby the father had equal time with them.44 In addition, the therapist noted in her report that, although "[t]he children are comfortable with both their mother and father[,] , . . they report that they miss their mother when they are at their father's home.,,45 The therapist also noted: [T]he children continue to express confusion about the schedule and the frequent exchanges and have some difficulty keeping their "stuff' with them as they go from house to house. Because of their father's work schedule, they have spent much time this sunnner at relatives' homes which they report that they enjoy, but it lends itself to the scattering of their "stuff' in I . 46 many ocatlOns. While recommending the continuation of the 4/3 3/4 arrangement because the children had advised her that this was their wish, the therapist reported that the children needed structure during the school year, that Defendant mother had done 40 See Order of Court, May 10, 2001. 41 N.T. 76, 81. 42 N.T. 69; Order of Court, August 15, 2001. 43 N.T. 76. The therapist recommended that the trial period last until mid-October, 2001. N.T. 76. 44 N.T. 74-75. 45 Plaintiff's Exhibit 1, at I (Report of Elaine S. Rissinger, Ed.D.). 46 Plaintiff's Exhibit 1, at 2 (Report of Elaine S. Rissinget, Ed.D.). , ' .,/. 7 \~1\:: . , - ~" , . ," c o "an excellent job providing a structure for them," and that one of her (the therapist's) concerns was that the said arrangement would interrupt this structure.47 She felt that it "remain[ed] to be seen" whether Plaintiff father was capable of providing the same structure.48 In this regard, she emphasized: [A]t this point, because the children wanted to remain this way, I agreed to make this recommendation. I said to the children at the very beginning that I was going to be their advocate with them. We would see how it worked for them. They say they want this to be-to remain the same. I've talked to them about 49 my concerns. . . . Furthermore, the therapist felt that Plaintiff father remained angry, 50 and that an "issue from Mr. Marsh's side [was that] he wanted to make sure everything was equal.,,51 She stated that she was not sure whether Plaintiff was capable of compromising if an arrangement he wanted was not in the children's best interest. 52 She observed that Plaintiff was "less willing to compromise on pick-up times and drop-offtimes.,,53 In this regard, she testified: [H]e seemed less willing to compromise. That was the basic thing. It seemed more important that the time be equal rather than the children's needs be addressed with switching back and forth. 54 The therapist also noted her concern "that when [the children] went to their father's house, they really weren't sure where they were going because there was a lot of switching around and, of course, that was because there was-it was in the 47 N.T. 76. 48 N.T. 76. 49N.T.76-77. 50N.T.79. 51 N.T. 79. 52N.T.80. 53 NT 82. 54N.T.83. 8 \~ ,~ >i~~ c " summer, and there were a lot of activities, and we didn't need the consistency then that we do now [in the school year].,,55 Ultimately, the court entered the following order, granting Defendant mother primary physical custody during the school year and awarding Plaintiff father liberal periods of temporary or partial custody, based upon its evaluation of the evidence in the case as it related to the best interests ofthe children: AND NOW, this 21st day of August, 2001, upon consideration of Plaintiffs complaint for custody with respect to the parties' children, Danielle Nicole Marsh (d.o.b. December 20, 1988), Alicia Christine Marsh (d.o.b. December 20, 1988), and Aaron Robert Marsh (d.o.b. October 21, 1991), and following a hearing held on August 15, 2001, and August 20,2001, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Defendant (the mother). 3. Temporary or partial physical custody of the children shall be in Plaintiff (the father) at the following times: a. During the school year, (1) On alternating weekends from Friday at 7:00 p.m. until commencement of school on the following Monday morning; provided, that where such Monday is a federal holiday, the period of temporary or partial physical custody shall extend to Monday evening at 7:00 p.m. (2) From Wednesday at 7:00 p.m. until Thursday at 7:00 p.m., on alternating weeks. b. During the summer, for alternating two-week periods, commencing with the 55 N.T. 80-81. 9 \tt ,~ .~~ "- . ," .~~- . , _, ., 0' y:;~! o o end of school and concluding with the resumption of school. 4. Notwithstanding the foregoing, custody of the children shall be in Defendant (the mother) on Thanksgiving Day until 3:00 p.m. and in Plaintiff (the father) from 3:00 on Thanksgiving Day until 7:00 p.m. on the following Sunday; and custody of the children shall be in Defendant (the mother) on Christmas Day until 3:00 p.m. and in Plaintiff (the father) from 3:00 p.m. on Christmas Day until 7:00 p.m. on December 30. 5. Nothing herein is intended to prohibit the parties from deviating from the terms of this [arrangement] by mutual consent. 6. All prior custody orders are vacated. Plaintiff father filed an appeal from this order on September 18, 200 I. DISCUSSION The "paramount concern" and "polestar" of any custody analysis is "the best interests of the child." Sawka v. Sawka, 425 Pa. Super. 450, 454, 625 A.2d 692,693 (1993). Although joint or shared physical custody is a permissible form of custody for a court to order, "there is no presumption favoring shared custody." Schwarcz v. Schwarcz, 378 Pa. Super. 170, 183 n.16, 548 A.2d 556, 563 n.16 (1988) (quoting In re Wesley J.K., 299 Pa. Super. 504, 514, 445 A.2d 1243, 1248 (1982). Instead, trial courts are required to consider all factors which legitimately impact upon the child's physical, intellectual, moral and spiritual well-being on a case by case basis in deciding how to allocate post-divorce parental authority via legal and physical custody. Zummo v. Zummo, 394 Pa. Super. 30, 45,574 A.2d 1130,1137 (1990); see Lee v. Fontine, 406 Pa. Super. 487, 488,594 A.2d 724,725 (1991). "The presumption-free law permits the [trial] court to engage in a full, fair and comprehensive examination ofthe best interests of the child. It does not place an unreasonable burden on a long-time custodial parent to defend the status quo." Karis v. Karis, 353 Pa. Super. 561, 568, 510 A.2d 804, 808 (1986) (quoting In re 10 \ <;1vJ ~ - .,d 0'. '. . Wesley JK., 299 Pa. Super. at 514-15, 445 A.2d at 1248). In addition, while they are significant factors to be considered, neither the preference of the child nor the opinion of an expert is binding upon the court in its analysis of the case. See Watters v. Watters, 757 A.2d 966, 969 (Pa. Super. 2000); Murphey v. Hatala, 350 Pa. Super. 433, 443,504 A.2d 917,922 (1986). Among numerous considerations in a case of the present type is whether one parent has a history as the primary caregiver and whether the results of that history have been positive. Michael TL. v. Marilyn JL., 363 Pa. Super. 42, 54-55, 525 A.2d 414, 420-21 (1987). As the Superior Court has noted, "[w]hen a child receives love, guidance, companionship, and direction from a parent on a consistent basis, a finn foundation is being laid for the child's future healthy development." Michael TL., 363 Pa. Super. at 55, 525 A.2d at 421 (quoting Gonzalez v. Gonzalez, 337 Pa. Super. 1,6-7,486 A.2d 449,452 (1984)). "[T]he trial court must give positive weight to the parent who has been the primary caregiver." Gonzalez, 337 Pa. Super. at 8, 486 A.2d at 453. Other factors include the fitness of the parents, the desire on the part of the parents for a continuing active involvement in their child's life, the existence of a relationship between the child and the parents, and the degree of cooperation between the parents.56 In the present case, factors which militated in favor of an award of primary physical custody to Defendant mother during the school year, with liberal periods of temporary or partial physical custody in Plaintiff father, included (a) the mother's long history as the children's primary caregiver with highly successful results, both academic and social, (b) her relative superiority as a parent in terms of understanding and placing the children's interests ahead of her own, (c) her demonstrated capacity and willingness to provide the structured environment which the children need during the school year, (d) her relative strength in the area of cooperation and accommodation with respect to the other parent, (e) the father's 56 See Schwarcz, 370 Pa. Super. at 183-90, 548 A.2d at 563-66. 11 1.q\9. \ ,-- - - . .) -\\:I o o inability or unwillingness to communicate in a meaningful way with the mother due to resentment over the dissolution of their marriage, (f) the extent to which the father's practice has been to be out of the children's presence during his periods of custody, and (g) the father's tendency to focus upon his own interests in terms of custodial time rather than the children's. In giving weight to these factors, the court in no way doubted the father's fitness as a parent or his genuine love for his children. Nor did the court discount the children's preference, as expressed by their therapist, that the summer shared custodial arrangement be extended into the school year. However, a natural tendency might exist in these circumstances in children who love both parents not to disappoint one by requesting a return to a prior arrangement; in any event, the court shared the concerns expressed by the therapist about the abandonment of the mother's home as a primary residence during the school year. The court's recognition of the father's fitness as a parent, his love for his children, and the children's preference was reflected in the greatly expanded periods of quality time with the children awarded to him. 57 The position of the therapist in this case was to a large extent a function of her agreement that she would advocate in favor of the children's wishes and was, in that sense, more in the nature of an expression of the children's preference than a typical independent custodial recommendation. Her testimony and report, while insightful and very helpful to the court, did not in the last analysis cause it to conclude that a shared custody arrangement during the school year rather than one in which the mother had primary physical custody would best serve the interests of the children. 57 The court did not regard the previous arrangement whereby the father's custodial periods consisted primarily of time when the children would be asleep as equivalent in nature to that awarded under the order appealed from. 12 \0-1 o '" " ~ ,. " ' 6'00! o Finally, to the extent that the parties find themselves in agreement on a certain holiday schedule, the order appealed from expressly authorizes their adherence to such a schedule. 58 Mary A. Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff Robert L. O'Brien, Esq. 17 West South Street Carlisle, P A 17013 Attorney for Defendant ~ I}V\..-Q<I 58 Order of Court, August 21,2001, paragraph 5. 13 BY THE COURT, 10- 11,.0 I ~. .~' ,~<i4 ~_.i \C:J. l. . - _1_1 _ "" ~-I!iO"""'"'-~'~"'" ._ ".._~ ,_,_"".,,..~d,}., L,,,... . CETIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certifY that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if,any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT J MARSH VS KATHLEEN S MARSH 01-1813 CIVIL TERM SUPERIOR COURT # 1498 MDA 2001 The documents comprising the record have been numbered from No.1 to 15~ and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 11- 2 - 0 1 An additional copy oUhis certificate is enclosed. Please si2l1 and date copy, thereby acknowledgin2 receipt of tWs record. Date Signature & Title , -""""""-~ ~~. . ~.. . le"__ I . .'l:i" 1- _' .";" ~"'~ - tI. .'..,. ~ Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania to No. 01-1873 COpy Of SEE ATTACHED Term. 19 is contained the following; DOCKET ENTRY ROBERT J MARSH VS KATHLEEN S MARSH PLEASE SEE ENCLOSED DOCKET ENTRIES' 01-1873 CIVIL TERM SUPERIOR COURT ff - 1498 MDA 2001 "~" "~IJ'" '~~m_ ,~~ i I .1--- , ~. ~ "'~- h ~ --:,ji -""" Commonwealth of Pennsylvania County of Cumberland } SS: I, CURTIS R. I.ONG ' Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case tJ1erein stated. wherein RORERT ,1 Mil R !':H Plaintiff, and KA'T'HT.RRN c:: Mll.R9J.f Defendant _, as the same remains of record before the said Court at No. of 01_1117< Term, A.D. 19_. In TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 2ND diYof NOVEMBER A. D"X9Q.Q.Q.l ~t~~e:b ~f ~ ~~onotary I, GEORGE E. HOFFER President Judge of the Q'1'H urr Judicial District. composed of the County of Cumberland, do certify that CURTIS R. LONG , by whom the annexed record. certificate and attestation were made and given. and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was,atthetime of so doing, and now is Prothonotary in and for said County of CUMBERLAND in the Commonwealth of Pennsylvania. duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere. and that the said record. certificate and attestation are in due form of law and made by the pr er officer. Commonwealth of Pennsylvania County of Cumberland } ss: I. CURTI SR. LONG . Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable GEORGE E HOFFER by whom the foregoing attestation was made, and who has thereunto subscribed his name, was. at the time of making thereof. and still is President Judge of the Court of Common Pleas. Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 2ND day f NOVEMBER A.D. X'X2..0..0..1 i9lf"Y , ~<~,"'-, . L~ h '-XO" I~LI I..,,,,," . - ..;- ~ PYS510 ("lmberland County Prothonotarv' s Office civil Case Inquiry 2001-D1873 MARSH ROBERT J (vs) MARSH KATHLEEN S Page 1 -'Reference No. . : Case Type.....: COMPLAINT - CUSTODY Judgment...... .00 Jl,Idge Assigned: D~sposed Desc, : ----.------- Case Comments ------------- , Filed. . , . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 3/30/2001 8:19 0/00/0000 0/00/0000 1498 MDA2001 ******************************************************************************** General Index Attorney Info ~S~T~~~E~oin PLAINTIFF DISSINGER MARY A ETTER GARDNERS PA 17324 MARSH KATHLEEN S DEFENDANT 11 SOUTH RIDGE ROAD BOILING SPRINGS PA 17007 ******************************************************************************** * Date Entries * ******************************************************************************** Page No. c.-8 3/30/2001 9-10 4/05/2001 1 4/06/2001 11-12 13-16 4/24/2001 5/10/2001 17 6/22/2001 18-19 8/16/2001 20-21 8/21/2001 22 8/24/2001 13-25 9/18/2001 16-29 9/18/2001 31-39 9/18/2001 to-41 9/24/2001 12 9/25/2001 iO 9/25/2001 FIRST ENTRY COMPLAINT - CUSTODY ------------------------------------------------------------------- AFFIDAVIT OF MAILING FOR COMPLAINT IN CUSTODY - BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 4/5/01 - I~ RE CUSTODY COMPLAINT - PREHEARING CUSTODY CONFERENCE 5/1 01 11 AM @ 214 SENATE AVENUE SUITE 105 CAMP HILL - BY M~LISSA GREEVY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 4/6/01 ------------------------------------------------------------------- CERTIFICATE OF SERVICE - MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 5/10/01 - HEARING 7/26/01 9:30 AM CR 4 - BY KEVIN A HESS J - COPIES MAILED 5/11/01 ------------------------------------------------------------------- ORDER - DATED 6/15/01 - AT THE REQUEST OF COUNSEL FOR THE PARTIES ~ING IN THE ABOVE MATTER SET FOR JULY 26 2001 IS CONTINUED TO 8 15/01 AT 9:00 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTijOUSE LISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED 6/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/15/01 - IN RE PLFFS COMP4AI~T FOR CUSTODY - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/16/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/21/01 - LEGAL CUSTODY OF THE CHILDREN SHALL BE SHARED BY THE PARTIES - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/20/01 - UPON CONSIDERATION OF THE COMPLAINT FOR CUSTODY IN THE ABOVE CAPTIONED MATER AND FOLLOWING A SECOND PERIOD OF HEARING THE RECORDED CLOSES AND THE MATTER IS TAKEN UNDER ADVISEMENT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/24/01 ------------------------------------------------------------------- REQUEST FOR TRANSCRIPT - BY MARY A ETTER DISSINGER FOR PLFF ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT OF PA FROM ORDER 8/21/01 - BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- PETITION TO MODIFY CUSTODY - BY MARY A ETTER DISSINGER ESQ ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1498 MDA 2001 ------------------------------------------------------------------- ORDER OF COURT - DATED 9/25/01 - IN RE NOTICE OF APPEAL FILED IN THE ABOVE-CAPTIONED MATTER APPELLANT IS DIRECTED PURSUANT TO PA R A P 1925 B TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONSISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THIS ORDER- BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/25/01 ----- -------------------------------------------------------------- ORDER OF COURT - DATED 9/24/01 - IN RE PETITION TO MODIFY CUSTODY - "'~ ' " .'~. 'L .,1 , _, ,~ I~ ~ - ,~ - ~-~~~"" PYS510 rumberland Couhty Prothonotary's Office Civil Case Inquiry zn01-D1873 MARSH ROBERT J (vs) MARSH KATHLEEN S Page 2 , ' "'~eference No..: Filed....... . : Case Type.....: COMPLAINT - CUSTODY Time.........: Judgment...... .00 Execution Date Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: HEAERING AT 214 SENATE AVENUE SUITE 105 CAMPHILL PA ON 10/9/01 AT 11:00 AM - FOR THE COURT MELISSA P GREEVY ESQ CUSTODY CONCILIATOR COPIES MAILED 9/25/01 3/30/2001 8:19 0/00/0000 0/00/0000 1498 MDA2001 0...141 9/28/2001 142-14510/09/2001 ------------------------------------------------------------------- 146-15810/15/2001 TRANSCRIPT FILED - BY THE COURT J WESLEY OLER JR J ------------------------------------------------------------------- CONCISE STATEMENT OF MATTERS COMPLAINED OF BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- OPINION PURSUANT TO PA RAP 1925 - BY THE COURT J WESLEY OLER JR J COPIES MAILED 10/16/01 - - - ... - - - ... - - - - - - LAST ENTRY - - ... ... ... - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beo Bal Pvmts/Adi End Bal * ********************************~********~******~******************************* CUSTODY AGMT TAX ON AGMT SETTLEMENT CUSTODY FEE CUSTODY FEE-CO JCP FEE APPEAL MODIFICATION CU 85.00 .50 5.00 4.00 1. 00 5.00 30.00 50.00 85.00 .50 5.00 4.00 1. 00 5.00 30.00 50.00 .00 .00 .00 .00 .00 .00 .00 .00 180.50 180.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** 159 PJ:eI:r.ial statemants & El<bib:its ) ( b. r 'I .i I _ I --:":.i ~ I, --'1 COMMONWEALTH OF PENNSYLVANIA David A. Szewczak, Esq. Prothonotary Patricia A. Whittaker Chief Clerk Superior Court of Pennsylvania Middle District November 14, 2001 Fulton Buildim:. 200 N. Third Street. 9th Floor Harrisbun!. PA 17101 717-772-1294 www.superior.court.state.pa.us Mr. Curtis R. Long (') C) C'> c: '""I Prothonotary <:: z -om <:::> nlfT"i "'~I Cumberland Cownty Z:D <:: f--::: zS: .-....,en Cumberland County Courthouse ~z 0"'> ~~~ 1 Courthouse Square ~C) v ?fo 3: Carlisle, PA 17013 )>0 r:- c: ,~ z ~ ~ 0 )> f'" ::D RE: Marsh, R.J. v. Marsh, K.S. -< No. 1498 MDA 2001 ,;Q (fU- .1 b , ;/ 00 I , received from the Superior Court of Pennsylvania, Middle District Office, the certificate of discontinuance of the court, in the above entitled case. Contents of Original Record: Original Record Item o Part Description 1 Return to: Superior Court of Pennsylvania Office of the Prothonotary Fulton Building, 200 N, Third Street, 9th Floor Harrisburg, PA 17101 717-772-1294 Trial Court Docket Number(s) 01-1873 ,~- 1- "" ,_ II ,__I ~~I 1 l-_'_, ,_I..",""... ijl} Q~ S,QB3J~ll OOWllut ejf J~~!1LlJ~~ S,i~Ujl}~ ~~ ~BmS,Jl.ll~ No. 1498 MDA 2001 Robert J. Marsh Appeal from the v. : Order Entered 8/21/01 Court Kathleen S. Marsh : of Common Pleas : for the County of Cumberland : No. 01-1873 11/14/01 - The above appeal is hereby withdrawn and discontinued by order of: Marv A. Etter Dissinger Attorney for Appellant 11/14/01 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 15th day of November, 2001. V~tl.;j~ Chief Clerk il~~~li!.,ilt~Ji',,,.'bL;~~' d"""~I,i"-ii-i"Ji,'iI;ii~",;a,;,;"-\."~iS(lFJ;,,,,, ,F,',-,c "o'~,,~--' <, ~'~,i""'c""<,,i,- .'f"',.~i'_''''''''''M~!:ll!!iI'll:lil1lilll ',,,,, .~^'~" .1__ o--,~"r.,,_"."_~_"',~" ,"~~","~.~'_r~_'~, H =~~.~,~~~ ~dT~ ~__~ _,' ''l!l!JI';lii_~~'dt_~~!j1'!\i!.IUlill.it''''~.",,''~~'"''_- ~ ",I.., .- ~, , " ~~~ "".'--" (") C> C C -n s: 2: :'~-J -0 OJ ,:;:l . .. l'11rn .c .Ip Z:r) "~lflJ. "Ze 0"' :~-' ~T <fl ;P; ~~~ C) "<:..<- ~a -0 ,-' -'I ,:~j,?d. ~o ::Jt -.7"'- 5>2 s::- csin .- '--l ?i 0 )? f'-' ~ .1 ,~ I' ,I . David A. Szewczak, Esq. Prothonotary Superior Court of Pennsylvania Middle District Patricia A. Whittaker Chief Clerk November 14, 2001 Notice of Discontinuance of Action RE: Marsh, R.J. v. Marsh, K.S. Appeal of: Robert J. Marsh Type of Action: Notice of Appeal No. 1498 MDA 2001 Cumberland County Court of Common Pleas Agency Docket Number: 01-1873 I .." ":''-' ,.Jy' Fulton Buildim:. 200 N. Third Street 9th Floor Harrisburl!, PA 17101 717-772-1294 www.superior.court.state.pa.us The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Party Name Mary A. Etter Dissinger, Esq. Robert L. O'Brien, Esq. Robert J. Marsh Kathleen S. Marsh Party Type Appellant Appellee ~:., ,~ .',..--t' ,. "" ~ \" ..)"~ , ' ;~Ii,~iIiOl\!W!11ill~,",)"~Cll,L"i.;c;,-".dC<',;,""l~,<!(I~iH1\"JI:li',%ild';;J''',~o,;;,;"',"-,;;0"J,'b";i""'-""~-.i,-:!""'''I!oI.~i:l~,,,,.;''~''iji<ful,i!:i<'''~<I!ilOf~ll~t;il!iliill;~~~'lIiliir '.- cl . 8 0 ~ ",-j -n s:: z -.-! -om D m,m -< ,-:-'--:'i z::\., "r= ze;::: 0". ~~~ 9,:2: F'C;i ~(") -0 :x ~~ >g r- Z -~ =< 0 ;a f" ~ -< ~ ~, .- ..~'"' J, ~<, ,'^' ~'" ""~" -" ~~,..~ ,~" .,1 -.." ~."' " ~:!;lt. .!$>i4 , ,-" , "d'_~ -~ ~',_;J: I ' ~ " ~ ~L"';" . " -_ . "I ;'.-i " ' ." NOV 2 0 2001 tAl "'" . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1873 vs. KATHLEEN S. MARSH, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT Oler, J. - AND NOW, this l f] 1\ day of November, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's previous Order of August 21,2001, shall remain in full force and effect pending further Order of Court, or an agreement of the parties. 2. A hearing is scheduled upon Father's Petition to Modify the present Custody Order A hearing is sche uled in Courtroom Number 1 of the Cumberland County Courthouse, on the oll4 day of , 200~, at 1-'30 o'clock, a....m., at which time testimony will be taken. Fo he purposes of the hearing, the Father, Robert J. Marsh, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT, ~ ~ ~ 11-.1f-o/ ~. Dist: Robert L. O'Brien, Esquire, 17 W. South Street, Carlisle, PA 17013 Mary A. Etter Dissinger, Esquire, 28 N, 320' Street, Camp Hill, PA 17011 ,~n~ II l~f/o(J/.& j~~~,iir~~r1!!>::i~~'<J""'J.'<*OI:"j~'..~jjJffilcikJi@j,"";.;'!t.lA't"",~~M.W~'iri"",~~~;;;,,;.iiii#\'"",;"'~~~' ,~_...., - '",,,,,,",,, ","" "~~,. ~__~~M,~ ,._ n ~^ ,~~ _",,,,,,,,,._1,, ,"'~ ,,,_~,),, n'< ~~ VIN\f^lASNN3d ALNnm GNtIl83SII\JnO 1"0'" ,.. ::J ., .l'. ~'I '<J' ..., "1'_ }'Jl\ilC~'~':J>i ; 3~~;H::i:~ ""Nf~' ,,~"____'. .., >>= ,~,' . " 8Z AON 10 ..<:.'; (ITiH :10 ,I," "'~ ',-, &::..^~ ,,' ,,~L;': . .' "" ... --. ,.~-- 1 'j , L l,~ .' ~ ..,..:;;__,", _. I _ . ,- L, .- ~" "'ilil<l!w~v,~,. . .' , , . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1873 vs. KATHLEEN S. MARSH, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel Nicole Marsh Alicia Christine Marsh Aaron Robert Marsh December 20, 1988 December 20, 1988 October 21, 1991 Mother Mother Mother 2. A Custody Conciliation Conference was held on October 31,2001, with the following individuals in attendance: the Father, Robert J. Marsh, and his counsel, Mary A. Etter Dissinger, Esquire; the Mother, Kathleen S. Marsh, and her counsel, Robert L. O'Brien, Esquire. 3. The parties were seen pursuant to Father's Petition to Modify Custody filed on September 19, 2001. The last Order of this Court was dated August 21, 2001, and is presently on appeal to the Superior Court. No briefing schedule or hearing date has been set as of the date of the Conciliation Summary Report. Father is seeking to modify the present Custody Order as he is of the belief that the Children want to spend more time with him and he wants to be more involved in their lives than the present custodial arrangement permits. Father believes that more custodial time with the Children would be in their best interest. 4. Preliminarily, counsel for Mother contends that the Court of Common Pleas does not presently have jurisdiction of this custody matter with the exception of enforcement of the present Order because the most recent Order is on appeal to the Superior Court. Additionally, Mother will not agree to any changes in the custodial schedule. She claims that she is not hearing from the Children what Father claims to be hearing with regard to their preference to have more time with him. Mother is pleased with the present Order which she believes to provide stability to the Children. She continues to allege that Father is frequently not present for periods of custody that he is provided under the Order and disputes whether he is assisting the Children in having their homework completed during their weekday periods of custody. \ . ... . <., .' No. 01-1873 - Civil Term , ~ ,~,. ^" - -I :;:,-,:' ,"," >"'"-'0.1, ., ,- ,~ L . ",{, ~~, ''''~-" ~ ;,~"J,.~"''-""-'" M,;;-' L-iA.~-~-lli: 5. In as much as the parties failed to reach an agreement with regard to Father's request to resume a shared physical custody plan, the parties are in need of a hearing. Counsel for Mother is considering but has not decided upon whether to seek a guardian ad litem or separate counsel for the Children. Date //1/3/0/ Melissa Peel Greevy, Esquire Custody Conciliator ROBERT J. MARSH, Plaintiff v. KATHLEEN S. MARSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of February, 2002, upon consideration of Plaintiff's Petition To Modify Custody, and following a hearing held on February 21, 2002, Plaintiff's petition is denied and the order of court dated August 21,2001, shaH remain in full force and effect. ~ A. Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff ~obert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, 1 topie.s fJo.'\Led O~.':<l-();Z l "'R'Yf ,''''''''1\O...! '"'\.1\\\-1;'\1 1'\~J:\,!'\~lo".,; I 'Ii'I! ., ~ . _" "~'.','n.,", " r\'. ,.,;-',~: ,i.J_;-'\i' 'v \ I l\.lr\("r'l . ,,')\, _,,::,~",: ' r.JJ'~ i'~'-,.' "--" _', II 1',1,1 ..-, n-' I :'!I -., , f.,(, u.:LJ '",,<,.. uw.: .~-': l I \.\'--.f\c:r,,',,: "', I\\";'\j..- J' ,-., , ~'; j '---,-' _J~~,: , ROBERT J. MARSH, Plaintiff v. KATHLEEN S. MARSH, Defendant IN RE: CUSTODY - 1 '.", <<,I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of February, 2002, upon consideration of Plaintiff's Petition To Modify Custody, and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. ~ary A. Etter Dissinger, 28 North 32nd Street Camp Hill, PA 17011 For the Plaintiff ~Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Defendant pcb By the Court, Esquire ? L cr?~ 1'l~ OJ. .,Q~.(JJ..~S .- __~ I. -_~,;"" .- ) ..:. ;.. .J::t,_'.# ~. ;'"':'--"'-"'t,;.),~.--"" ;"''''-'-'-'d-[t''~~~r~*~~~MM,~*"j'lnF:''mi~j-j~,&;;;-;,;@~""ml't#...;""Koal:.li~" '1r'l_:" Ji~ "~~ M. ~x ('""~?f,.,,,\'\0') \::\}-.""'r'\'-"'v' '<l~;'\0,:1 .,/\ \ 1\) ~0i.-" ~ t;,:;\:> ' ~~~' ,_ ))-t,u . '\)\\~ , \ \ ,.( )(>;.:s:; .\\J\~;-"\\c'-'V ~,~\" -~j\)- , " ~ "" ~ "---- '~"'rr'" ~~fdI~~!iWJii '"' , ; f 'l:Mi N,!='Ulll '''In.,,\ I,tu ti.,hilrg, r~ 1 7 I-HI i 71 ;' 1 l)() ~ 'j Il_l:' C(llHr<,'Ii"K S"P'id'- {i171 ~Ol .565:.! f..lf1.....'(II'k~ (FiCHl; 2~ l-:i74l) 4.'11') Trindll' I1llild ,\-k..h:lJlk~b\II"l!.I"t\ 170}} /71;)7'1;.]')1)0 iiJI L. l'J\Ithl'l" ~[tl'~'l C"rlhl(',l',\ 1701:1 171 ij :l,lCJ fl'i,~<) J'N.:. !\.liJJk'r','WI\ R,/:..l :iu;t.;> J !IWi'lllI.]..t'''\JI, fl!\ 170'ili (71i)5bf:,,/'f.H { ,!t;<:lrtkld )tn,~.t I:bnht,th\'i!!r;, 'I'A ] ~O:!:l t.7Iii!<%.H2(j Ip,", "l, A\':I\!t'll1Y AVt'llllt' 1liUlVtJk, 1'1\ Irk;.!:!.;.!4l!:! 1/:il275.S:!2'i ., 231 7674 08/10/01 10:46 iSl :02/03. NO:78C . Mazzitti..Sullivan , 'li jCounselingSenJices August 4, 2001 Ms. Mary Dissinger. Esquire 28 N 32nd St Camp Hill. PA 17011 Mr Robert O'Brien, Esquire 12 W. South Stroet Carlisle, PA 17013 RE: Marsh v. Marsh Dear Attorneys; I have completed collecting data and evaluating the parties involved in the above. cited custody and visitation matter. You are aware that the current parenting arrangement indicates the Robert and Kathleen J\.1lirsh share joint custody of their children, Alicia, Danielle and Aaron MlU"sh and that Robert made a request in May that the visitation schedule be modified so that he would have the children for fifty percent of the time. It was agreed by the parties to amend the schedule for the summer and the following scheduled IWS established: Bob - Friday AM To Sunday PM Kathy. Sunday PM To Wednesday A..iIIf Bob. Wednesday AM To Friday AM Kathy - Friday AM To Sunday PM Bob - Sunday PM To Wednesday AM Kathy. Wednesday AM To Friday AM . It was agreed that this schedule would be tried during the summer months so that it would not have an impact on the Children's school schedule and would be evaluated during August as to its convenience and efficiency, In preparing this report, I have spoken with Robert, Kathleen, all three chi Idren , and have observed the interaction between the children with their mother and with their father, The infol'l1lation that I have collected from the children indicates that this family is one where a joint custody a.rrangement can work. The data collected from the children, through observation of each par.ent being with the children as well as from .direct conversation with the children themselves indicates that both parents have a close relationship with their children. The children are comfortable \"ith b,oth their motller and father although they report that they miss their m~er when they are at their father's home, PLAINTIFF'S EXHIBIT she/o/ I w;y . "")7 ./ ..., " ,,'.~." . .',', ".' ,,' j\::'\/Y;"Y:'" .://, HA.CC ",.)>/'" '" ~'k. I" I. L ~ -"--""=~" i l. ...".~. J ." ~~",'~ ' ..~ " Hbq Pa ~ 717 231 7674 10:46 l5i :03/03 NO:78C 08/10/01 MAtsh YS. Mmli Page 2 It has been somewhat difficult to evaluate all aspects of the current visitation &Chedule bllClluse of the vacation schedule which had tho children slaying with each parent for a week at a time. Several concerns have been expressed about the CUlTent visitation schedule, The children continue to express confusion about the schedule and the frequent exchanges and have some difficulty keeping their "stuft" with them as they go from hou511 to house. ,Bccause of their father's work schedule, they have spent much time this summer at relatives' homes which they report that they enjoy. but it lends itself to the scattering of their "stuff' in Il1lIIlY locations. Concern hIlS also been expressed about general dietary and personal hygiene issues and the need for consistency in these areas. 'The exchange of clothing hIlS been somewhat confusing also because of the children's des.ireto wear certain outfits for particular occasions, When discussing the schedule with the children, they all agreed that although confusing, they desire to continue the schedule the way it is for now, They obviously enjoy the attention that they are getting from all of the adults in their lives and have had a good summer intoQC(jng with their parents lIS well as extended family members. In order for this custody and visitation schedule to work in the best interest of these children, it is vitally important that both parents are able to talk to each other in a respectful, civil and cooP'flltive fashion as it relatas to their children. It is important also, that the issues of competition and control as it pertains to the children do not spill over into the current parenting arrangement for in the long run, this may work 8l!11inst all parties and undermine what currently does seem to be working. All three of these children are bright, outgoing, sensitive and active in school, church and community activities. They show strong positive emoti,onal attachment to both parents and it is the opinion of this therapist that both Kathleen and Robert are competent parents who are capable of providing SlIfe and healthy guidance for their children. It is hoped that they can continue to work cooperatively with one another to meet the ever changing, flexible needs oftMit ehild~. It is my recommendation, that the current visitation schedule rllll1ain in place through October,2001. At that time, I .....ill again speak with the children and will obtain school progress reports to determine if the schedule is having any significant impact on their day today functioning in their clusrooms. Ilis also recommended that both parents make a effort to follow the same guidelines in regards to personal hygiene, homework ,and bed time routines u well as dietary regimes. Finally, it is recommended that both parents help the children to lll:C8pt responsibility for the organization of their belongings so that they will be properly prepared for school, for their sports activities and for enjoyment of their leisure time. Respectfully, tp~sR~!,. F/..o. Elaine S. Rissinger, Ed.b. " , ."~ ,->,--",~, "-.-.,'- .,<'~ -, II - "A -- ,..--"'",,;- '.ii.lli' '-~;.-';- ,;.;,I~;-" .'" --,>IO'" ,."'~,' ,--.~,'- _l'~' ,~,-';';b:';,i.:';" ,~" ~ '. Uw ~,. , HliW~:, , ... , , ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1873 vs, KATHLEEN S. MARSH, Defendant CIVIL ACTION - LAW CUSTODY PRETRIAL STATEMENT I. Factual Backqround The parties have three children, twins Danielle and Alicia, born December 20, 1988 and a son Erin, born October 21, 1991. The parties separated in 1996 and Mother, since the time of separation, has had primary custody of the three children. The Father had the children on each Sunday, Wednesday and Friday until the following morning. The Mother was satisfied with the existing agreement and offered to expand the custody arrangement to accommodate the Father's work schedule, but the parties were unable to reach an agreement through the conciliation process, The children and the parents have been involved in counseling and it is anticipated that the written report of the counselor will be presented at the time of the hearing. II. Witnesses A D, Jean Line is the maternal grandmother. She will testify at the hearing and speak about school schedules, church activities and keeping the children so that their mother can be off during the days to spend time with them. B. Laurette J. Smith is the Plaintiff's sister and will testify about her interaction with the children and their comments about not wanting to spend additional time with their Father. She will also indicate that the Mother encourages the children to have a relationship with their Father and often times arranges for the Father's family to spend time with the children , I !i " I II i! i , 1 , I I I Il " , II C. Elaine Rissinger is a counselor at Mazzitti and Sullivan. She has counseled both parents and the children to see if a resolution could be achieved through counseling of the Father's demand for a shared custody arrangement. It is anticipated that her report will be presented, although she will not be present to testify at the hearing. .-',. - .," ~ ~-j , >'."_".c,,':..o:.:-',',-, >> , rl o.d i r/domesti c/marsh .stm :1 , " i; Ii I II I I II I , III Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~~ . Robert L. O'Brien, Esquire Attorney for Plaintiff 10. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ~~, .<~-~" -- .., ~-' ...""""" . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW No. 2001-1873 CIVIL ACTION IN CUSTODY KATHLEEN S. MARSH, Defendant PRE-TRIAL STATEMENT AND NOW comes Mary A. Etter Dissinger, Esquire, counsel for Robert J. Marsh, Plaintiff, and provides the court with Ithe following information in accordance with its directive for filing a pre-trial statement: 1. WITNESSES AND THEIR EXPECTED TESTIMONY A. Robert J. Marsh - Will testify as follows: 1. As to background information regarding the parties and the children. 2. Arrangements for counseling, following a custody conference, and circumstances surrounding counseling and the results to-date. 3. Prior custody schedules. 4. Current custody schedule. 5. Facts that would indicate it is in the children's best interest to spend equal time with both parents. 6. His desire to have equal time with the children. Ii ,-=--~ " '- I I .... . ~ ~,-" :: ; I I -- I~ ,,'...."""'" ~ ~ B. Elaine Rissinger, Ed.D., N.C.C. with Mazzitti Sullivan whom the parties engaged after the custody conciliation conference to assist them is discussing custodial arrangements. It is expected that Ms. Rissinger will testify: 1. She views herself as an advocate for the children. 2. She has met with both parents and all children. 3. She has met with the children recently and has determined they have adjusted well to the current "trial basis schedule" of equal time with each parent and are happy with that arrangement. 4. That she believes it in the children's best interest to have equal time with each parent. 2. EXHIBITS: None anticipated. 3. PROPOSAL FOR RESOLUTION: A. Joint legal and physical custody, with physical custody to Plaintiff on a 4/3 and 3/4 schedule every two weeks such that in the first week Plaintiff would have the children Friday mornings through Sunday evening, then get them Wednesday morning through Friday morning. The next week Plaintiff would have the children from Sunday evening until Wednesday morning and then resume with Friday morning through Sunday evening. i' i! II ;J,&' .;. ~ l L II -~ II : L ,__.__-,,,,l,,,,,,,~ _I B. In all other respects the prior order of court should be confirmed. Respectfully Submitted, DISSINGER AND DISSINGER Dated: r(/ 5(r, ( ~ !) ?AAA.:Lb ___ ' Mary A. Etter DissJ.nger;-'Esq. Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ~:el~=:'~ w ... ~ Ii L I ~ . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW No. 2001-1873 CIVIL ACTION IN CUSTODY KATHLEEN S. MARSH, Defendant CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document by First Class United States mail addressed as 'follows: Robert O'Brien, 17 West South Carlisle, PA Esquire Street 17013 Date: ~l?/Ol ~_/~A'=/~ Mary A. @tter Dis~~ _Esquire Ii ROBERT J. MARSH, Plaintiff ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW o a c CIV:t)~iTEBM m rf: rr1 z-', " zf": -- ~ f: 0') r;::c-; \) j;;:r' - Z') -~ 5>8 N z :< ~ KATHLEEN S. MARSH, Defendant NO. 01-1873 REQUEST FOR TRANSCRIPT c_; -n .--"1,;'2 ~3 ,. , ,.L~:;-l ,~'~ff{ ~ :J:J -< A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Respectfully submitted, DISSINGER AND DISSINGER - ~ ~a~-- Mary . Etter Dissinger, squire Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 By: 'I Ii -1 ~.. .., I I ~l...L I w I~"~ .J ,l'-;;".\IMr. . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that I am this day serving the foregoing document upon the persons named below by First Class United states Mail, which service satisfies the requirements of Pa. R.C.P. 121: I' The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Richard J. Pierce Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 "'-- .... Date: ~/;gIi1 / ~~~~~e I, Ii il ~'~_--="XT""'''' ....~ '. " , . .~~ ' j~(-, ~- .' _. ., , . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that Robert J. Marsh, Plaintiff, appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 21th day of August, 2001. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully Submitted, DISSINGER AND DISSINGER " By: ~t1~g~~/ Ma y A. E ter J.ssinger, Es J.JO Attorney for Plaintiff 2 -" .A Supreme Court ID # 2773fii:, '!' :co 28 North ThirtY-SeCond~re;;l~:::~ Camp Hill PA 17011 2z"" .- 'b() , l..-__ ('X) (717) 975-2840 ~~, -0 ~js';; )>0 -> ::~2~ ~C:.1 N,..... 1"'')1'' )> c: =., z: C"~ ~ ::;:J :.< ! I II PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-"'0187"3 MARSH ROBERT J (vs) MARSH ,KATHLEEN S 011"" -,~."~--",,,,,.....~ -,'.'~ ~ ~~ 11.._\ I _,"~""o , ~ ~W~~" _,,",I '0' "I Page 1 -, . Reference No. . : Case Type.....: COMPLAINT - CUSTODY Judgment. . . . . . . 00 Judge Assigned: Disposed Desc. : ------------ Case Comments ------------- Filed.....,..: Time......... : Execution Date Jury Trial. . . . Disposed Date, Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney 'Info MARSH ROBET J 360 STATE ROAD GARDNERS PA 17324 MARSH KATHLEEN S 11 SOUTH RIDGE ROAD BOILING SPRINGS PA 17007 3/30/2001 8:19 0/00/0000 0/00/0000 PLAINTIFF DISSINGER MARY A ETTER DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** 3/30/2001 4/05/2001 4/06/2001 4/24/2001 5/10/2001 6/22/2001 8/16/2001 8/21/2001 8/24/2001 FIRST ENTRY COMPLAINT - CUSTODY ------------------------------------------------------------------- AFFIDAVIT OF MAILING FOR COMPLAINT IN CUSTODY - BY MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 4/5/01 - IN RE CUSTODY COMPLAINT - PREHEARING CUSTODY CONFERENCE 5/1/01 11 AM @ 214 SENATE AVENUE SUITE 105 CAMP HILL - BY MELISSA P GREEVY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 4/6/01 ------------------------------------------------------------------- CERTIFICATE OF SERVICE - MARY A ETTER DISSINGER ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 5/10/01 - HEARING 7/26/01 9:30 AM CR 4 - BY KEVIN A HESS J - COPIES MAILED 5/11/01 ------------------------------------------------------------------- ORDER - DATED 6/15/01 - AT THE REQUEST OF COUNSEL FOR THE PARTIES HfARING IN THE ABOVE MATTER SET FOR JULY 26 2001 IS CONTINUED TO 8 15/01 AT 9:00 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTEOUSE C RLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED 6/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/15/01 - IN RE PLFFS COMPLAINT FOR CUSTODY - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/16/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/21/01 - LEGAL CUSTODY OF THE CHILDREN SHALL BE SHARED BY THE PARTIES - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/22/01 ------------------------------------------------------------------- ORDER OF COURT - DATED 8/20/01 - UPON CONSIDERATION OF THE COMPLAINT FOR CUSTODY IN THE ABOVE CAPTIONED MATER AND FOLLOWING A SECOND PERIOD OF HEARING THE RECORDED CLOSES AND THE MATTER IS TAKEN UNDER ADVISEMENT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/24/01 - . - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - ******************************************************************************** * Escrow Information * * Fees & Debits Beo Bal Pvmts/Adl End Bal * ******************************************************************************** 85.00 85.00 .50 .50 5.00 5.00 4.00 4.00 1.00 1.00 5.00 5.00 ------------------------ ------------ 100.50 100.50 . " t':,,,;oJy FROM RECORD ***************************************************~~V*~*~Y**~~*r~*~81*~ffa~t* * End of Case Information 1i1 Testimooy wt!6rUUl, U * and the S8l!II of said CollI'! at Car1W8. Pa. ro~ 19 lfJ';~~(\J;~;~ W CUSTODY AGMT TAX ON AGMT SETTLEMENT CUSTODY FEE CUSTODY FEE-CO JCP FEE .00 .00 .00 .00 .00 .00 - , - ... j.1 1-". .1 ~, -- ,.- L ,~ \; ~ ~ < ~ ;'" ...... . . ROBERT J. MARSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN S. MARSH, Defendant NO. 01-1873 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that I am this day serving the foregoing document upon the persons named below by First Class United States Mail, which service satisfies the requirements of Pa. R.C.P. 121: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 :: ij Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Richard J. Pierce Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Date: ii/riot ." '~O O;v;;::..>>-", d' ~ Mary A Etter Dissinger, ~qUire .! 11 II