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HomeMy WebLinkAbout01-04991CARL v. WASS JAMES R. CLIPPINGER CHARLES J. DfNART. III JAMES O. CAMPBELL JR. JAMES L. GO~OSMITN 6TANLEY J. #. LASKO'RSKI JEFFREY T. MOGUIRE• DOUGLAS K. MAR6t00 BRETT M. WOODBURN OOUGlAS E. HERMAN •AL00 A MEMOER OF NJ BAR James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 CALQWELL ~e KEAR1eS A PROFESSIONAL CORPORA TIOH ATTORNEYS AT LAw ~- 3631 NORTH FRONT STREET. OF GOUN6El THOMAS D. CALOWELL.~JR. RICHARD L. KEARNS HARRISBURG, PENNSYLVANIA 1 7110-1 6 3 3 May 30, 2001 711. a92-7061 FAx: 1D• 23z-a166 ~FIBfeRI®Ceb W BdkeB/11S.C01D RE: Shover Divorce Aftermath Dear James: My client, David Shover, has recently encountered some disagreement with his former wife regarding previously-agreed arrangements for him to-have the children for part of the weekend of June 8 through 10. We seek your assistance in order to avoid an unnecessary expenditure of money in order to secure an emergency Order from the Cumberland County Court of Common Pleas. Let me explain: More than a month ago; your client called David to tell him that she. needed to-attend an out-of-town conference which encompassed the second weekend of June, and she requested- David to watch the children from June 7 through June 10. Vllith the knowledge that he would have the children for that weekend, David then proceeded to final'IZe his plans for remarriage and selected the evening of Saturday, June 9, as his wedding date: In fact, in anticipation of the presence of the children at the wedding, David's fiancee and Lauren went shopping and purchased a dress for Lauren to wear at the wedding. Appartently your client's conference was either canceled or your client has determined that she will not attend the conference and she notified David of that fact, indicating that she would remain in town for that weekend and, of course, that is her weekend with the children. David certainly wants the children to attend his wedding and during one of the verbal disagreements vvhich our two clients do experience on occasion, David was informed by your client that °now, you won't get the kids for the wedding ° David simply pnnot sit on pins and needles and wait until the fast minute before he knows that the children will attend the wedding or that their presence at the wedding will be denied at the very last minute. V1fe are prepared to file a petition seeking an emergency order directing that the children shall be present at the weddmg; however, before we take those steps and cause that unnecessary expenditure of money, we have determined to solicit your assistance. My client would like to arrange to pick up the children on Friday afternoon; June 8, at 5:00 p:m. He would return the children to their mother by 10:00 p.m. on Saturday evening, June 9. I would appreciate it if you would contact your client 10•$~OI ' Lf~T James A. Miller, Esquire May 30; 2441 Page 2 and secure her confirmation that David may retrieve and return the children at those times on those dates. Your prompt attehtion to and cooperation in this request will be very much appreciated. When you do speak with yourclient, we would also appreciate it if you would-inform her that she should cease making harassing telephone calls to David or other members of his family. This has been a recurring problem and serves no useful purpose for either of our clients. Telephone calls to the parents of my client are unwanted, and telephone calls to David at 12:30 a.m. are likewise unwanted and are most disturbing to him, especially when there is no purpose to the telephone call. We thank you for any assistance and assurance which you can give to us that the children will be able to be present at the wedding. Very truly yours, Carl G. Wass CALDWELL & KEARNS CGW of Encls. cc: David C. Shover 106083-1 98-516 431~S1,i.A i:J 1J9 t117.LJ SJ-.J®ltl & SACKS LLP ATTORNEYS AT LAW August 15, ?001 VIA CERTIFIED MAIL 7000 1670 0000 6643 9690 Michele Miele 8 Campbell Place Camp Hill, PA l 70] I Re: Shover v Shover Dear Ms. Miele: PETE M. MONISMITH, ESQUIRE -PHONE: (717)234-2401 TOLL FREE: 1.800-822.9757 FACSIMILE (717) 234-3611- EMAIL:- pmonismithC"Isasllp.com www:saslip.com File No. As the attorney for Mr. David Shover, we aze demanding that you cease and desist your continuing and excessive contact with Mr. Shover. I have been informed that you aze making phonecalls to his residence and mobile phone several times a day, as well as making unwelcome visits to his house. This annoying, hazassing and abusive .contact with no legitimate purpose, must cease immediately: Not only has Mr. Shover advised you to avoid all mmecessary contact, but the police department has also verbally warned you regazding your unstable and erratic behavior. Please be advised that, effective immediately, should you persist in your repeated contact, we will fi]e trespassing charges against you, as well as bring an action for harassment. Very truly-yours, ' V -Pete M. Ivlonlsmith PMM cc: Mr. David Shover James A. Miller, Esquire 2917 Nortb Front Street. Harrisbure. Pennsylvania 17110-1260 A PENNSYLVANIA LIMITED LIABILITS' PARTNERSHIP io•g•ot ~ Lk'( .f '-~ m ' 1 S Postage .II ~' Certrt7ert Fee ~ Itnf,'R~m Ren_ipt Fee O. ors~meM flequired) ement ReGunetll t ~ ' r~ Potel Fostage 8 F®~ -~ L Q sG~.~. ~ M(j.~vo.; o~f pO bar; >~ C1N. sOSie. a-~3~~ ^ Complete items 1, 2, and 3. Also complete item 4 'rf RasMcted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front 'rf space permits. 1. Artlcle Addressed to: 2. A. Received by C. X Is delivery address diRerent frord~irgm 12 If YF~^, enter tleHvery address below Service Type Cenfietl Mail ^ Express Mall Registered Return Receipt for Merchandise ^ Insured Mail G.O.O. Restricted Delivery2 /Extra Fee) ^ Yes PS Forn 38l 1, Jury 1999 Domestic Return Receipt tozsas-oo-nws5z DI S02M C A P I T O L AREA DATE: 01/ 10l 0 DI S02DI LAW E1~Cf-ZCENENT, RESOURCE I~TVKT'14 C TI ME: 08: 35: 2 3 20010700378 DI SPATCH CONIVENTS 1 NG>lA RE CAM C,JA1 CAM ADDED UPDATED CQWVENT SEQ 010801 DKL1 CLTiP G4ME i NTO THE PQI CE DEPARTMENT AND ADVI SED 000 010801 DKL1 THAT H S EX W FE, M ELE, HAS BEEN CALLI NG AND 000 010801 DKL1 CCM NG TO H S HOUSE DURI NG HIS VI SI TATI CN THREE 000 010801 DKL1 V~EEKS - SHU/EFZ S ATTq~IVEY SENT A LETTER CN 000 010801 DKL1 5/ 30/ 01. SHO/ER WANTED PCLI CE TO SPEAK TO HIS 000 010801 DI~1 W FE - SEE ATTCF~Y SI-SETS 000 000 000 000 000 000 000 000 000 000 000 000 FUNCTI CNY F=PF 1=D1 S 3=NAM 4=UN J=MEV P=PRL O=NUT1 F T=TM NQ H S M=MENU E=EXI T ALL COIVIVENTS SHONN - SELECP NE7CT FUNCTI CN PETITIONER'S .EXHIBIT u s•o~ 3 SKr ~.t °~.: i~.LLa _L1.LL.L.~.~ ~~ ~Y:1`-~ R.~ RA~ P~.J.~~.~~J L~J.~JJI- TJ.p.1JrN J. ' ~V1~11 Lll iil ~'a +WR ®~~. Nature of Complaint: ~RRI~$CN~PNS' Location: p~0 9S ~1A~ CiN~0 a,J S ~ Grid: ®l0 t Date Received: ~ ' 3 t ~ 0 ~ Time Received: l a 1~ Ca11 Class: 1- 8~ Z Vehicle Make: `! Registration State/Number. ~ Report: Yes No NAMES V=VICTIM A=ACCUSED W=WITNESS C~OMPLAMANr 0=OTHER Names Address Phone # Date of Birth L~. R~~~ SNG/c-R ~a rkS" ' C.1 P~iL2n+acN s -- 7Co3 -Od 8 $ .5 ' `~-fc~ . M.c.~+e~ti M;E1 ~, ° ~A,~.pQell ~I~~ee- ~z~ - 4~fo 8 - t l -tom' DETAILS OF COMPLAINT S~2- \41MC S~7© i~rc Polr~c .(~cp~ Ar/,,- Y90Ja5~a ~.~ h; y ~x -w.~£, r~; ~.IE IJrt~ $eeN CAS\,Nq /ta-~A Ce,M, ~.~ GG ~\~ }\a ,ase ~1vti.ti4 i/,S V,,SrTFltrr ant 3 w Pe'~i e - S 1~t~.~C (L J ,P+:<c.e.,~~._ cptir a 1e`R'e~ 0n~ S •3o-ot: S~e~ . ~ ~ _~~ ~ P. n ~ s a~ A K- ~ c~ 4... ~ w.~~ r SPP I~t Tr~c~l 6'ti8'~~ i , CazNumber. `7~ Badge Number. t 7~3 Dispatch: ~~ Arrival: Id~ Cleared:~o~ INCIDENT NUMBER: a®a t -Q~ ~ 3~~ Dh S02M C A P I T O L AREA DATE: 01 / 10/ 0 DI S02DI LAW ENFCRCENENT RESgJFtCE I~TV~fiK TI NE: 08: 39: 4 F 20010800216 DI SPATgi CONVENTS I NGU RE CAM GJA1 CAM ADDED UPDATED Gq~/ENT SEQ 010817 DIa1 CgVP STATED THAT HIS EX W FE, M ELE, CANE TO I-9 S 000 010817 DI4.1 RESI DENCE TO PI q< UP THEP R TV'O q-II LCREN. SHUJER 000 010817 DI~1 STATED TAHT HE HAS Jq NT gJSTgT' W TH HER SHU/ER - 000 010817 DId1 UPSET BECAUSE THE CH LDF~N STATED THAT M ELE GOT 000 010817 DKL1 VIERS NOT READY. SHOVER STATED THAT AT CNE Pq NT 000 010817 C4~1 M ELE TRI ED TO ENTER SHC1dER S HOUSE BUT M S NEW 000 010817 DIQ.1 W FE ESTI LL SHUT THE DOCK qV HER ESTI LL STATED 000 010817 DIa1 THAT M ELE CALLED HER A BITCH THEN LEFT. SHOWER 000 010817 DIa1 VVaNTED TO 4QVOdV I F h'6 S EX W FE CgAD BE ARRESTED 000 010817 DI41 Fq~ TRESPASS. I ADVI SED SHU/ER THAT I~ S EX- W FE 001 010817 DId1 OCULD NC31' BE ARRESTED FCR TRESPASS SI NCE SHE UVaS 001 010817 DI41 THERE TO PI q< UP HER q11 LDREN AND SHE DI D NOT 001 010817 DI41 ENTER THE HOUSE. I DI D ADVI SE SHOWER THAT M ELE 001 010817 DIa1 OCULD BE ARF~STED Fq~ DI Sq~ERLY CONDUCT Fq~ 001 010817 DFa1 CALLI NG ESTI LL A BI Tq-I. ESTI LL DI D NCT V1AN1' TO 001 010817 DIa1 PURSUE THE giARGES. SHOWER STATED THAT FDS IS 001 010817 DIQ.1 V'LT~ NG W TH AN ATTq~VEY TO CST A BETTER CUSTgOY 001 FUNCTI q~Y F=PF 1=DI S 3=NAM 4=UN J=bEV P=PRL O=NOTI F T=TM NQ H S M=NENU E=EXI T PRESS ENTER TO CQVTI NUS, CR SELECT OTFER FUNCTI ON LKT ~ I~•5~01 DIS02M CAP I TOL AREA DATE: 01/1010 DI S02DI LAW ENFCRCENENT RESOURCE I~fV4CRK TI NE: 08:39: 5 3 20010800216 DI SPATCH CgVNENTS 1 NL>lA RE CAM Cz1A1 CAM ADDED UPDATED CQVivENT SEQ 010817 D14.1 AC~EENENT 001 FUNCTI Cf`t F=PF 1=D1 S 3=NAM 4=UN J=M.1/ P=PRL O=NUfi F T=TM NQ N S M=IVENU ALL GOIVAIENT3 SFK7UW - SELECT NEXT FUNCTI ON 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 E=EXI T CAMP HILI ,BOROUGH POLICE DEPARTMENT COMPLAINT REPORT Nature of Complaint: /w~t 5~ c Location: Z U /'1 /~ / ~- t~ n i Date Received: ~ / /161 /J acv Time Received: ~~ y~ Grid: G tU ~ Call Class: ~U~- Vehicle Make: Registration State/Number: Report: Yes NAMES V=VICTIM A=ACCUSED W=WITNESS C~OMPL.4INANT 0=OTHER Names C/92c~/.fn t5f i~j ~C ~r,cuz,//e ni-tL~ Address -Phone # Date of Birth ?cy3' ci~.u~u-r S-. i'G3 az8~i y ZS/7y 5 Gg~P~y, pcc era...polyf"6/ 7.37- 6 cs it 6s~ DETAILS OF COMPLAINT .SLotie~ .S%/97~`O T~ ~ ln• ~ C.t' /.:, ~ y/ ~ c (c C-'4'~`~ ~ ~.~~ 1ct S . /l~a CC p G IC ~a TZ r:. Two c- L ~ 1 ~n, c'r( S L~.ic 2 ~/~7;=~ TL~->< Lc 1... S ~a ~ •.-1- f J S ~ r~ ~I ~/. '}'•~ Y1A 1 C Lc 1 C @d PR .STcni ?L O ~ ~4 ~' //G/ t' LC 6L,-F C.XJ S1.'(" J'SCC.e~X~ ~ C,~r~~c~2f.•1 u-l.^e ~f //cC-A.Oy. 3~JJt2 ~~Ta %~-4f /ft v.-.t ~.~i~ ./~~cN Ts,'i~'~ ~d r•~-/r~.5~~~ca'S l~v~~ ~.~ H~~ .uc.--~,~~ a /~, fc ( TGn f~ -«- - SG:, , cc w~A..-lr-v, .~ /fGru..,s ; l l.:` r /ax- ..~,. ~ e.~ . i J /'3t /`t~='"¢c>fr0 ~c T~...~3+'4s5. L f},~'v,~~cn st.,.(~. % ~wr-~ G..`j ~`x-~`-, k coa,i~ ~~ f F~c rao-'e-s~ra ~1 7~e-s,~~s~r 5,.~ - s of ,,~,.-ar 7 ~, T,~~ ~C ~ ~/~ ,Jf' ~-e~.e. G(:,•(~•¢cw it..o ,FG rr G/•9 ~-vt c•rf~~t ~+< f!a~>z• T ,L1w i4,O~s~Sc ~~"'~~- \ _ f~t Jti1 r c It C ~../U i~c i9~GCt~yJ ^ ~°C /.~: SoR !~e •e /-/ ~ x•^Ova..~(' ~~G 4.i//r+f,;,~ ~ I M1 ~~ - G3~I/ ~,4 .•+u~ .r/~f ~ A~•>ue ~nL CL.~.¢ a `+.d'S S~.~K2 S A?~`~ i7:r~ yz : s ....~•L ~;,~ :,r..; f C ~, ..r tf~.K~ ~ yr.r A /SvffcR c~ ~J ~ A ject<~•~¢..+ . CazNumber: ~' BadgeNnmber: 177 Dispatch: ~~ `~/ Arrival: ldsr Cleazed: l ~ ~ I~Q, INCIDENT NUMBER: ~c~l~ 0 ~ ~ f ~ N _.. .. Summer Vis><tatilon Schedule - .~> , ;_ . wn - . -. Michele will drop the kids off at Dave's house Monday -Friday at 7:45 A.M.'and ;;~,, ~~ ,k" A will pick the kids up at Dave's house between 4:00 4 30 P.M NLchele will keep the ti . 1*~k"~:. ~-' • kids overnight, except for every other weekend when Dave has visitation nghts,~;~,,~~„~> ~ r. ,,~,. _ n' at~e''~"an~ ,Ivliche[e~~il! each have 3„weeks of umntemi `ted tim for vacation pith the ` _._,.~.~„t~,« : per,,. ___.~ *-''~'.~`~"'~ ., ".~:~ .<..,~.., ..,y... < .;, cnunren `aS pGl UIG U~aais*b sy` ~~ t •,°r sxs Wk%R'~~ +z :.~(fr4•l ~ , ^~x 'F" rF'E-x.` '~ ~ '~4Sj,xa.~ .+y;4 ey ?~-, ~ T ~ ..,; .,, Yy N ~+ ,-.,.;~ ~{: .: ~, AMY :~~~+r~ ' Michele has chosen the following 3 weeks. . ` .,~; .._,;~ . ,_ : ; ' Saturday, June 9 -.Monday, June 25, and w ~, . Ivlonday,,July 2 =Monday, July.9r , y r $~,• ~ Dave has chosen the following ~ weeks r ,p -:< -_ ;Monday, June 25 -Monday, July 2 , Monday, July 9 -Monday, July 16, and Monday, August 6 -Monday, August 13 Our signatures below indicate that we have mutually agreed upon the above said times for visitation. p ( avid C. Shover) ' ~-7- 6/ (Date) (Michele R. Miele S e( (Date) t-Kr - 105 of PETITI®IVER`5 EXFIIBIT 6~~s~oi ~e(~ (S ~ I~ttn ~ l~ Cl~ ~~uc~C 2 ~p 12Me~Gi~ ''~1c~ ~ I a~ n „ Ure nee ~ Vlaut s~~nec~ c~ocuM~i+1~Wi c.~ ~ S~a'nmer U~ Sdn~~~~e . ~„~~GCVICs c~cuylne~T ~s N~~' ~e~ , `~ ~ ~~c`~ Lon ccns}e~'~ ~~ ~' ~ N ~ L u', C ~ ~`:. tp cU ` If~,la l~1 Gl S e e ltit ~s ecaose l~aJ con{- ~rus~-~ ale ~ tl~ owl , ~ac~ ~ ~oTw~tne~s I k`A~~ l ~ tool -- July s m t w t f s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 20 ~1 22 24 2fl 26 27 ~ 28 Fat~ler's vacation Suly/Aua ~9_ 30 31 1 2 3 4 week 7/28 - 8/3. Aug~s~ ~5 ~ 6 7 8 9 10 11 =- `S~ 13 14 15 ~ 17 18 19 20 21 22- 23 24 25 26 27 28 29 30 31 ~i - - - ;,~, ,~- LAW QFF'1CES OF ~.IAMES Q. MILLER S 13 NORTH SEGpNp STREET, SUITE 1 !]^ • HARRISBURG, PA 1 71 ^ 1 • 171 71 236.51 61 • FA% 171 7I 236-6747 November 17, 1999 Carl Wass, Esquire Caldwell 3r. Kearns 3631 Nortll Front Street Harrisburg, PA 17110 re: Shover Dear Carl: Shortly after I telephoned you, I contacted Michelle. This letter will serve to confirm that we are equally htterested in moving this case to its rightful conclusion as quickly as possible. Again, however, prior to finalizing any agreement, it is imperative that I obtain a valuation on dte pension. As indicated, 1 have submitted our request for a valuation to Pension Analysis Consultants Inc. As soon as it comes back, it will be in a better position to advise my client and you on the status of settlement. Furthermore, if you would kindly forward to me a copy oCyour original draft wherein the parties shared equally in the assets and distributions thereof, I would appreciate it. There are two (2) remaining items during the pendency of this matter which greatly concern me. At the present time, we have not moved forward with the filing for child and spousal support through Domestic Relations. Instead, Michelle has voluntarily agreed to receive voluntary support payments made by David. I would ask that you advise David not to decrease the agreed upon support amount by various miscellaneous marital obligations. By this I mean, David bets been threatening to reduce the support obligation by those amounts ~~hich he pays on behalf of the parties, i.c., Visa debt monthly payments. please advise David to make the full monthly support payment to Michelle. This will eliminate our request for support through Domestic Relations at this time. The second issue is one which has repeatedly reared its head throughout this case. David has the uncanny ability to inflame an already uncomfortable situation. Although we presently don't have any expert testimony tined up to testify about the impact of the emotional and mental abuse he inflicts upon Michelle, I assure you from a lay perspective, his behavior is incredibly abusive towards her. 1 would ask that you advise him to immediately stop hartssing Michelle in regard to her personal life and any other domestic issues. I look Forward to moving this case along with you. Sinc~ 1~~// James ~~. Miller JAM(hs /~cc: Michelle Shover AT&T Wireless -View My Bill ,~ ys '~ , lBf'f -s'~~__~ Page 5 of 10 0074 7/28 10:53A 717-877-7396 MOBILE HB 1 0075 7/28 10:57A 717-834-9291 DUNCANNON PA HB 2 0076 7/28 10:59A 570-799-0480 NUMIDIA PA HB 1 0077 7/28 10:59A 570-799-0480 NUMIDIA PA HB 1 0078 7/28 11:OOA 570-799-0480 NUMIDIA PA HB 3 0079 7/28 11:13A 717-877-7396 MOBILE HB 3 0080 7/28 11:14A W INCOMING HB 1 0081 7/28 11:16A 717-737-6084 HARRISBURG PA HB 12 0082 7/28 12 :57P 717-763-0288 HARRISBURG PA SY 2 0083 7/28 1:13P 717-761-8441 HARRISBURG PA SY 1 0084 7/28 1:14P 717-763-0288 HARRISBURG PA SY 9 0085 7/28 3:14P 610/INCOMNG LDALLENTNCEL PA HB 0086 7/28 3:14P INCOMING SY 3 0087 7128 3:18P INCOMING SY 4 0088 7/28 3:18P 610/INCOMNG LDALLENTNCEL PA HB OD89 7/28 5:SSP 717-329-1364 HARRISBURG PA UC 1 0090 7/28 5:SSP 717-329-1384 HARRISBURG PA UC 10 0091 7/28 6:06P INCOMING UC 1 0092 7/28 6:06P 610/INCOMNG LDALLENTNCEL PA HB 0093 7/28 6:40P 717-737-9936 HARRISBURG PA LB 3 0094 7/28 6:42P 717-877-7396 MOBILE LB 5 0095 7/28 6:50P 570-326-1254 WILLIAMS PT PA LB 10 0096 7/28 S:lOP INCOMING HB 1 0097 7/28 9:45P INCOMING HB 1 0096 7/26 9:45P 717-329-1384 MOBILE HB 1 0099 7/26 9:46P 717-991-3103 HARRISBURG PA HB 1 0100 7/28 10:06P INCOMING HB _ 3 0101 7/28 10:10P 717-763-0288 HARRISBURG PA HB 1 0102- 7/28 10:32P 717-763-0288 HARRISBURG PA HB 1 GACCOUNT NA ME ACCOUNT NUMBER MOBILE NUMBER BILL DA MICHE LE MIELE 22 00852099 717-979-2427 AUG 19, REF DATE TIME NUMBER CALLED 0103 7/28 10:33P INCOMING HB 9 0104 7/29 12 :31A INCOMING HB 1 0105 7/29 9:15A 717-737-9936 HARRISBURG PA HB 2 0106 7/29 9:27A 570-326-1254 WILLIAMSPT PA HB 2 0107 7/29 9:30A 717-432-7651 DILLSBURG PA HB 3 0108 7/29 11:33A 717-972-9110 HARRISBURG PA HB 1 0109 7/29 12:34P 570-322-4310 WILLIAMSPT PA HB 14 0110 7129 12:53P 570-326-1254 WILLIAMS PT PA HB 1 0111 7/29 12:56P 570-971-1440 WILLMPTCEL PA HB 1 0112 7/29 12:57P 570-971-1443 WILLMPTCEL PA HB 14 0113 7/29 STOOP 717-877-7396 MOBILE HB 1 0114 7/29 5:04P 717-236-5161 HARRISBURG PA HB 2 0115 7/29 5:16P 717-361-7671 ELIZABTHTN PA HB 1 0116 7/29 10:25P 570-326-1254 WILLIAMSPT PA HB 38 0117 7/29 11:02P 0570-326-1254 WILLIAMSPT PA HB 1 0118 7/30 4:11P 570-323-6859 WILLIAMSPT PA HB 15 0119 7/30 4:38P INCOMING HB 6 0120 7/30 4:44P 717-581-1889 LANCASTER PA HB 2 0121 7/30 STOOP 717-737-6163 HARRISBURG PA HB 2 0122 7/30 5:07P 717-737-9223 HARRISBURG PA HB 12 0123 7/30 5:28P MSG RETRIEVED MOBILE HB 1 0124 7/30 5:48P 717-581-1889 LANCASTER PA HB 29 CALL CALLS TO FROM MIN AIR ------------------------------- n~ https://ecare.attws.com/dss/gateway/oa4pekaCcruk4gOb2-2/40/ecaze/billing/V iewBill 9/20/2001 r+i d i w~rele55 -View My t5ill rage 5 of 8 0120 7/30 4: 49P 7_1_7-581-1889 LANCASTER PA HH 2 0121 7/30 ST OOP 717-737-6163_ HARRISBURG PA HB 2 0122 7/30 5: 07P 717_-737-9223 HARRISHIIAG PA HB 12 0123 7/30 5 :28P MSG RETRIEVED MOBILE HB 1 0129 7/30 5 :48P 717-581-1889 LANCASTER PA HB 29 0125 7/31 7:51A MSG RETRIEVED MOBILE HB 2 0126 7/31 9: 02P 717-697-7069 MECHANICBG PA HB 1 0127 7/31 9: 03P 717-608-2377 HARRISBURG PA HS 17 0128 7/31 7 :17P 717-697-7069 MECHANICBG PA HB 1 0129 8/O1 12 : 55P 717-270-9820 LEBANON PA HS 33 0130 8/01 1 :92P 777-761-6900 HARRISBURG PA HB 1 0131 8/O1 1 :95P 717-270-9820 LEBANON PA HB 10 .60 0132 8/O1 2 :03P 711-972-8800 HARRISBURG PA HH 1 .30 0133 8/O1 4 :07P MSG RETRIEVED MOBILE HB 1 .30 0139 8101 9 :08P 570-323-6859 WILLIAMHPT PA x8 17 5.10 0135 8/O1 9 :SSP 717-979-3080 MOBILE HB 2 .60 0136 8/O1 5 :09P 717-329-7871 MOBILE HB I .30 0137 8/O1 11 :20P 570-326-1259 WZLLZAMBPT PA HS 9 0136 8/01 11 :32P 570-326-1259 WILLTAMSPT PA HB 63 0139 B/02 12 :25P 248-765-2760 TROY CEL MI HB 2 .60 0190 8/02 12 :27P 570-323-6859 WILLIAMSPT PA HB 11 3.30 0191 8/02 9 :16P 570-323-6859 WILLIAMSPT PA HB 16 9.80 0142 8/02 5 :06P MSG RETRIEVED MOBZLE HB 1 .30 0193 8/02 5 :07P 298-765-2760 TROY C,EL MI HB 11 3.30 0194 8/02 6 :09P 727-585-7903 CLEARWATER FL HH 2 .60 0195 8/C2 8 :OSP 717-439-8831 NOBBLE HB 1 0146 8/02 8 :06P 717-763-0288 HARRISBURG PA HH 1 0147 8/03 7 :53A 717-432-7851 DILLSBURG PA HB 1 .30 CACCODNT NAME ACCOUNT NUMBER MOBILE NfPffi&A BILL DATE 8.0 MICHELE MIELE 2200852099 717-979-2427 AUG 19, 2001 CALL LONG REF DATE TIME NUMBER CALLED CALLS TO FROM MIN AIA DISTANCE _____ I ' `` ______ __ _____ _______________ ___________ __ ______ ______ _____________________ ~ . y. ~ (~U ~~ I`~~~~ 0198 8/03 9 :S1A 717-939-8831 M082 LE HB 1 .30 0199 8/03 9 :52A 248-765-2760 TROY CEL MI xH 2 .60 ~r I'~~ ~~(~ CXI ~~~ 0150 8/03 3 :53P MSG RETRIEVED MOBILE HB 2 .60 IIII p ~~ 0151 ~ B/03 5 :41P 717-697-7069 MECHANICBG PA HH 2 .60 L(1~1 ~N(n d6y U/ l" 0152 8/03 5 :43P 717-379-7823 HARRISBURG PA HB 2 .60 0153 8/03 6 :OBP INCOMING HH 7 2.10 _ (;; Q(n , 0154 8/03 7 :35P INCCMING HB 3 .90 0155 8/03 30 : 42P 248-765-2760 TROY CEL MI HB 2 0156 -8 f04 2 :09P 717-763-0288 HARRISBURG PA HH 2 0157 8/04 4 :13P 717-737-9936 HARRISBURG PA HB 1 0158 8/04 9 : 14P 7_17-737-9936 HARRISBURG PA HB 2 0159 8/09 5 :36P INCOMING HB 8 0160 8/09 10 : 19P 717-697-7069 MECHANICBG PA HB 1 D16i 8105 12 :16P 7_17-_69_7_-7069 MECHANICBG PA HB 9 0162 -8 /OS 3 :29P 7_17-763-0288 HARRISBURG PA HB 1 0163 8/05 3 :30P 717-439-6831 MOBILE HB 1 0164 8106 10 :55A 717-432-7851 DILLSBURG PA HH 21 6.30 0165 8/06 1 :03P 717-877-7396 MOBILE HB 2 .60 0166 8/06 1 :09P INCOMING HH 1 .30 0167 8106 1 :16P 717-763-0288 HARRISBURG PA HB 7 2.10 0168 B/C6 3 :45P 717-877-7396 MOHI LE HB 2 .60 0169 8/O6 3 :57P 717-761-5177 HARRISBURG PA HB 2 .60 0170 8/06 7 :02P 7I7-737-6084 HARRISBURG PA HB 9 1.20 0171 8/O6 7 :05P 0717-737-6089 HARRISBURG PA HH 1 .30 0172 8/06 7 :SSP INCOMING HB 1 .30 0173 B/06 8 :12P INCOMING HB 1 0174 8/06 8 :13P INCOMING HB 1 0175 8/06 8 :19P 717-737-9936 HARRISBURG PA xB 1 D176 8/06 8 :20P INCOMING HB 2 D177 8/O6 9 :53P 717-730-0810 HARRISBURG PA HB IS 0178 8/07 10 :11A 717-737-6084 HARRISBURG PA H6 S 1.50 0179 8/07 10 :33A 717-737-6084 HARRISBURG PA HB 21 6.30 C180 8/07 11 :OSA 717-329-7835 MOBILE HB 1 .30 = 0181 8/07 4 :13P 717-763-0288 HARRISBURG PA HB 1 .30 0182 8/07 8 :34P 717-761-8941 HARRISBURG PR NB 9 - -- " - 0183 8/07 9 :32P INCOMING HB 1 _ " 0184 8/08 12 :45P 2_48-765-2760 TROY CEL MI HB 9 1.20 _ 0185 8/08 12 :49P 717-737-6084 HARRISBURG PA HB 1 .30 - https://ecare.attws.com/dss/gateway/9mp41 u2Caep6ogv2-2/99lecare/6illing~ew8ill 10/4/Of Notice of Hearing David C Shover Plaintiff v. Michele R. Miele Page •1 of 2 O IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ' No. Ql - '~ 4 [ Gvr 1, ~~ Defendant 'CIVIL ACTION -LAW ' PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order maybe entered against you granting the relief requested in the Petition. In particular, you maybe evicted from your residence and lose other important rights. Any protection order granted by a court maybe considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing o,~} the matter is scheduled for the 6 / at q ~ , 9/~/ ' 3~ ~'` n Cournoom7 at Cumberland County Courthouse, One Courthouse Square, Carlisle . You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Under federal law, 18. U.S.C. §2265, this Order is enforceable anywhere in the United States. If you travel outside of the state and intentionally violate this Order, you maybe subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2262. Violation of this Order may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control Act, 18 U.S.C. §922(d) and (g). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT- WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YnU MAY HAVE TO PROCEED WITHOUT ONE. .../noticeothearing.asp?NoHID=24225&cmdMove=View+Completed+Notice&pfadnum=MM13 ]8/24/01 Notice of Hearing County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Page 2 of 2 .../noticeofhearing.asp?NoHID=24225&cmdMove=View+Completed+Notice&pfadnum=MM13 8/24/01 ,,,~~., ,Temporary Protection From Abuse Order David C Shover Plaintiff v. Michele R. Miele Defendant Page 1 of 3 IN THE COURT OF COMMON PLEAS OF CUIvIBERLAND COUNTY, PENNSYLVANI?. CIVIL ACTION -LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michele R. Miele Defendant's Date of Birth is: August 11,1965 Defendant's Social Security Number is: 186-62-4709 C dame(s) of All protected persons, including Plaintiff and minor children: 1. David C Shover AND NOW, on 'cCc~.iw,.- LT t.~ol upon consideration of the attached Petition for Protection from base, the court hereby enters the following Temporary Order: Plaintiff s request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. .../tempord er.asp?TempOrderID=32728&cmdMove=View+Completed+Temporary+Order&pfad~8/24/01 Temporary Protection From Abuse Order Page 2 of 3 4. The following additional relief is granted: - Prohibit Defendant from having any contact with Plaintiffls relatives and Plaintiff's children listed in this petition, except as the court may Snd necessary-with respect to_partiat custody and/or visitation with the minor child/ren. - Order Defendant to pay the costs of this action, inclnding filing and service fees. -Order Defendant to pay Plaintiffs reasonable attorney's fees. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Camp Hill Police Department West Shore Regional Police 6. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 7. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 8. THIS ORDER APPLIES IIvIIvIEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS .../temporder.asp?TempOrderID=32728&cmdMove=View+Completed+Temporary+Order&pfad 8/24/01 Temporary Protection From Abuse Order Page 3 of 3 This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant maybe located. If defendant violates Paragraphs 1 through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt: An arrest for violation of this Order maybe made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to anarrest,-the law enforcement officer shall seize all weapons used or threatened to be used duri~ the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be dElivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest, Distribution to: Legal Services - ~O.X~d @ ~ ; ~ Faxed & Mailed to PSP 9, a, ~{ _ CC~°~e5 ~~~1 y ~l vet ~ : (-~~n,urt"~- ~~ o MON {5mI ~ .../temporder.asp?TempOrderID=32728&emdMove=View+Completed+Temporary+Order&ofad 8/24/01 Petition For Protection From Abuse Page 1 of 6 PFAD Number: MM1319893Y David C Shover Plaintiff v. IN THE COURT OF COMMON :PLEASOF :CUMBERLAND COUNTY, PENNSYLVANIA No. D ~ - N49/ Michele R. Miele Defendant ~i u ~~~ ~ I CIVIL ACTION -LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: '' David C Shover 2. I, (the Plaintiff), am filing this Petition on behalf of - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. David C Shover 4. Plaintiffs Address is :2095 Clarendon Street ,Camp Rill, PA 17011 5. Defendant's Name is: Michele R. Miele 6. Defendant is believed to live at the following address: 8 Campbell Place ,Camp Hill, PA 17011 7. Defendant's Social Security Number is: 186-62-4709 ../petition. asp?PetitionID=26674&cmdMove=View+Completed+petition&pfadnum=MM 1319858/24/01 R Petition For Protection From Abuse 8. Defendant's Date of Birth is: August 11,1965 9. Defendant's Place of employment is: World Premiere, Camp Hill, Pennsylvania 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Ex-Spouse 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. Custody 13. Other details of the court action are: Custody action in Cumberland County 98-6307. Parties entered into a Marriage Settlement Agreement on June 22, 2000. Divorce action in Cumberland County 99-5469. Final Decree August 2, 2000. 14. The defendant has not been involved in a criminal court action. 15. Plaintiff and Defendant are the parents of the following minor children: a. Jonathan David Shover Age:12 Child's address is: 8 Campbell Place ,Camp Hill, PA 17011 b. Lauren Michele Shover Age:10 Child's address is: 8 Campbell Place ,Camp Hill, PA 17011 Page 2 of 6 16. There is an existing court order regarding the custody of the Plaintiff s and Defendants minor children. The terms of the order are: Marriage Settlement Agreement, made part of the final divorce decree. Shared legal custody Primary physical custody with Michele Miele Partial .../petition.asp?PetitionID=26674&cmdMove=View+Completed+petition&pfadnum=MM13198 8/24/01 Petition For Protection From Abuse Page 3 of 6 custody with David Shover County: Cumberland County State: Pennsylvania 17. The facts of the most recent incident of abuse are as follows: On about Thursday, August 16, 2001 at approximately 4:OOPM location: 2095 Clarendon Street, Camp Hill, Cumberland County, PA, 17011 Defendant arrived at Plaintiffs house 15 minutes early to pick up the kids. She immediately began honking the horn on her vehicle and yelling for the children to get out of the house and into her car. She continued to scream for them to hurry up as they ran from the house. She then exited her vehicle and ordered them back into the house to get their clothes, while she walked up the driveway. As the children left the house with their belongings, Plaintiffs spouse proceeded to close the door behind them. Defendant immediately grabbed the door-knob and attempted to force herself into the residence. Plaintiffs spouse had to push her body against the door in order to keep Defendant from entering. During this time, Defendant was yelling "you bitch" and screaming loudly and her demeanor was escalating to a point where Plaintiff had a reasonable fear that she was going to physically harm him or his family. Once the door was closed, Defendant continued to scream through the door. She then proceeded back to her car and began to honk incessantly as she drove away, disturbing the entire neighborhood. Plaintiff, afraid of Defendant's escalating erratic behavior, immediately called the Camp Hill Police and filed a complaint. Plaintiff hoped that a second warning from the police would cause Defendant to cease her disturbing behavior and protect him ffrom any further abuse. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: - On or about August 5, 2001, Defendant arrived at Plaintiffs house with Jonathan, unannounced: She instructed Jonathan to go inside and retrieve all his clothing. When they learned that the clothing vas in the wash, they left. Defendant arrived at Plaintiff s house again with Jonathan, unannounced. Jonathan was again instructed to collect all the clothing he had in the house. After Jonathan left, Defendant began ringing the door-bell non-stop, then the Defendant began to beat on the door, then the Defendant began ringing the door bell non-stop again. Finally, the Defendant sent Jonathan back into the house. As the child was gathering up his clothes, Defendant continued to ring the door- bell and bang on the door while yelling for him to hurry up. Plaintiff had a reasonable fear that Defendant would take her anger out on him or his family were he to open the door. As soon as Jonathan flmished and went outside, Defendant placed him in the vehicle, and drove away at a very high rate of speed. - On or about July 31, 2001, Plaintiff contacted the Camp Hill Police Department due to Defendant's on-going erratic and unstable behavior. Plaintiff was afraid that her behavior would escalate further to a point where she would physically harm him or his family. The police contacted Defendant and requested she cease her harassing and abusive contact with Plaintiff. Immediately after receiving the phonecall from the police, Defendant attempted to contact Plaintiff via the telephone, and continued to attempt ./petition.asp?PetitionID=26674&cmdMove=View+Completed+Petition&pfadnum=MM13198 8/24/01 Petition For Protection From Abuse contact several times that day. Page 4 of 6 - On or about July 30, 2001, Defendant arrived at PlaintifFs house and, while sitting in her car at the curb, asked Plaintiff a question. When Plaintifff didn't immediately answer, she yelled "you are so freakin immature." Her immediate change in demeanor made Plaintiff afraid for his own safety. She then sped away at a very high rate of speed. - On or about July 28, 2001, at approximately 10:25 p.m., Deffendant arrived at Plaintiff's house unannounced. She immediately began ringing the door-bell continuously awakening, not only the Plaintiff, but the children as well. Defendant demanded to speak with the children. She then proceeded back to her vehicle, at which time she called the children from her cellular phone. Plaintiff, afraid of what Defendant would do were she not able to speak with the kids, allowed them to speak with her at such a late hour. - Plaintiff s children told Defendant that Plaintiff slowly drives by his house on several occasions. These drive-bys occurred not only at various times throughout the day, but into the late evening as well. Plaintiff reasonably believes that Defendant is stalking him in an effort to know his whereabouts at all times. Plaintiff is continually looking over his shoulder and out the window of his house to see if Defendant is watching him. Plaintiff cannot enjoy his day-to-day activities without fear that Defendant is watching him. Plaintiff continually keeps the blinds drawn and the doors locked, even when just going into the yard. -Defendant continually calls Plaintiff at his home and on his cellular phone, an average of six times a day, with as many as 13 calls on a given day even while the children are in her custody. Plaintiff believes that this is Defendant's way to find out where he is and what he is doing. This unstable and erratic behavior of calling at all hours of the day, has placed Plaintiff in reasonable fear for his physical safety. Plaintiff has started to monitor his calls by letting the answering machine receive the calls, and has purchased a caller identification package to find out if it is the Defendant calling him again. Due to Defendant's unstable behavior, Plaintiff is afraid to answer the phone and listen to her scream and yell over things he has done or where he has been. Plaintiff has even been unable to enjoy vacations due to the amount of phonecalls which Defendant will make in a given day. - In one instance, Defendant telephoned the neighbors house and sent the neighbors child to Plaintiff s house with a message as a further way to harass the Plaintiff. -Defendant has repeatedly been warned about her conduct. Not only the police have warned her, but Plaintiffs former and present attorneys have sent several letters requesting that she cease and desist her conduct. However, her behavior continues to escalate, and Plaintiff fears that it will continue to escalate until she releases her frustration and mental instability out on him or his children. - During the marriage, Defendant would often strike out in anger at the Plaintiff by flailing and batting her arms in an uncontrollable fashion. At one point, Defendant left deep scratches on his chest. She would entice him into arguments, which Plaintiff refused to engage in. When Defendant realized he wouldn't argue, she would become enraged and would physically confront him. .../petition.asp?PetitionID=26674&cmdMove=View+Completed+petition&pfadnum=MM13198 8/24/01 Petition For Protection From Abuse Page 5 of 6 - At another time, Defendant arrived unannounced at Plaintiff's place of work, a school building, and began to yell at him and follow him around the building. Whenever he attempted to get away from her, she would follow him to instigate an argument. This continual stalking made Plaintiff afraid for what Defendant would do, and he filed notices of the incident with the Principal of the school. - At another time, Defendant called Plaintiff several times throughout the day at work, leaving angry messages. Again, she showed up at Plaintiff s work and waited for him to leave the school. Once he did, Defendant drove her car and bIlocked him between her car and his. Plaintiff was very afraid of this erratic behavior and what she might do. When Plaintiff stated he didn't want to speak with Defendant, she got out of her car and headed towards him. Plaintiff managed to get into his car and drive away, although Defendant attempted to stop him by grabbing the door handle. Plaintifl quickly pulled away so Defendant could not follow him and cause him more harm. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Camp Hill Police Department West Shore Regional Police 20. There is an immediate and present danger of further abuse from the Defendant. 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff maybe found. b. Prohibit Defendant from having any contact with Plaintiff and/or minor children, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. c. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Order Defendant to pay the costs of this action, including filing and service fees. e. Order Defendant to pay Plaintiff s reasonable attorney's fees. f. Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. ../petition.asp?PetitionID=26674&cmdMove=View+Completed+Petition&pfadnum=MM13198 8/24/01 -:.~ Petition For Protection From Abuse VEffiFICATION I verify that I am the petitioner as designated in the present action and.that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements aze made subject to the Penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities Si e ,~~ a4 . ~ I Date Respectfully Submitted by: ~/-~~%~'~v(i~ Pete M. Monismith, Esquire Agency: Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 Page 6 of 6 .../petition.asp?PetitionID=26674&cmdMove=View+Completed+petition&pfadnum=MM13198 8/24/01 vaic7i ~,_ •rr t/ x3:ao sn.x ~a./ c4~ OJ/3 uumn w rxuinuivvirucx Y ~a:s MULTI TN REPORT *s~ *ix~:a~szx~a:s:~:as~*~~**~**~~~*~x T%/R% NO INCOffiPLETE T%/R% TRANSACTION OR ERROR 2775 [ O119p2490779 [ 0319p2405331 PSP CP t~f V U A ~1 OFFICE OF THE PRO'L1~iC[`pT~Y GUh03ERCAND OOUN'1'Y 00[IR1H(XJSE ONE COUR14i0USE SQUARE CARLISLE. PA. 17013-3387 (717) 240-6195 F,q)( (717 ) 24D-6573 V I A T E L E C O P I E R .r0; PA STATE POLICE - l Cn+'~. ~~'~eGS i• • M'~ ~'"r __ ,~ FAX p: 73.7-249-0779 ' F•RO.q; CURTIB R. 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P~ ~1' uG imrar3-iat~ly b/ bel~~1~ and tehun tl~ ~ ~t rt ~ ~ al SHERIFF'S RETURN - REGULAR CASE NO: 2001-04991 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHOVER DAVID C VS MIELE MICHELE R KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MIELE MICHELE R the DEFENDANT at 2049:00 HOURS, on the 29th day of August 2001 at 8 CAMPBELL PLACE HILL, PA 17011 by handing to MICHELE R MIELE a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me Dthis /3 ~ day of Xlrhr, /.. a2a,~~ A.D. rothonotary So Answers: R. Thomas Kline 08/30/2001 By: D pu e iff DAVID C. SHOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4991 CIVIL CIVIL ACTION -LAW MICHELE R. MIELE, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this ~` day of September, 2001, at the request of counsel for the defendant, hearing in the above captioned matter set for September 7, 2001, is continued to Friday, October 5, 2001, at 1:30 p.m.. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~/~ Kevin .Hess, J. Pete M. Monismith, Esquire For the Plaintiff ,cad""' .de 9, /o-o/ James Abraham, Esquire ~~ For the Defendant :rlm r .- 4' Fury ~SEP - ;~ e~ ,~, ~~ P~Pdtv~~#.U~t~t(~& ~VfY . ~ ~ . DAVID C. SHOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4991 CIVIL CIVIL ACTION -LAW MICHELE R. MIELE, Defendant PROTECTION FROM ABUSE ORDER AND NOW, this ~ day of October, 2001, after hearing and consideration of the testimony adduced, the court being satisfied that the plaintiff has failed to establish "abuse" as that term is defined in 23 Pa.C.S.A. 6102, the petition of the plaintiff for a protection from abuse order is DENIED. BY THE COURT, Pete M. Monismith, Esquire For the Plaintiff James Abraham, Esquire For the Defendant :rlm "r'~ ~'9-oI _, ..;=;Y r,_ ;it!ih i.r.t, ~,: „ ~~~ ~,Ji ~.~i>>u ~ t~ ~ ~~a ~S ~M}~ { 0 ~ DAVID SHOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE MIELE, Defendant 01-4991 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings were-held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, Courtroom Number Four, October 5, 2001. APPEARANCES: LeROY SMIGEL, ESQUIRE For the Plaintiff JAMES W. ABRAHAM, ESQUIRE For the Defendant INDEX TO WITNESSES FOR THE PETITIONER PAGE DAVID C. SHOVER Direct Examination by Mr. Smigel 3 Cross-Examination by Mr. Abraham 23 Redirect Examination by Mr. Smigel 42 CAROLINE C. SHOVER Direct Examination by Mr. Smigel 44 Cross-Examination by Mr. Abraham 48 FOR THE RESPONDENT MICHELE R. MIELE Direct Examination by Mr. Abraham 52 Cross-Examination by Mr. Smigel 83 * ~ * * ~ INDEX TO EXHIBITS FOR THE PETITIONER IDENTIFIED ADMITTED 1 - Letter 7 52 2 - Letter 9 52 3 - Camp Hill P.D. Report 17 52 4 - Camp Hill P.D. Report 18 52 5 - 2001 Summer Schedule 20 52 FOR THE RESPONDENT 1 - 2001 Vacation Schedule 25 -- 2 - Letter 35 -- 3 - ATT Records 60 -- 4 - Audiotape 63 -- 5 - ATT Records 69 -- 6 - Card 79 -- 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 Carlisle, Pennsylvania October 10, 2001 (Whereupon, the following proceedings were held.) MR. SMIGEL: Good afternoon. THE COURT: Good afternoon. MR. ABRAHAM: Good afternoon, Your Honor. THE COURT: This is a P.F.A. matter? MR. SMIGEL: Yes, Your Honor. MR. ABRAHAM: That's correct, Judge. MR. SMIGEL: May I? THE COURT: Yes. MR. SMIGEL: Okay. If it please the Court, this is the time and place set for the hearing in the matter of David C. Shover versus Michele R. Miele. The Petitioner is ready to proceed. With the Court's permission, I would like to call him as the first witness. Whereupon, DAVID C. SHOVER, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. SMIGEL: Q Would you please state your full name. A David Clyde Shover. Q I want to ask you to keep your voice up so that 3 ~~~ 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 the Court can hear you. Where do you live? A 2095 Clarendon Street in Camp Hill. Q What is your occupation? A I am a school teacher. Q What grade do you teach? A Grade six through 12, middle school, high school. Q Where are you employed? A At the Camp Hill School District. Q And you've been a school teacher for how long? A This is my 17th year. Q Are you married? A I am now, yes. Q And to whom are you married? A Caroline Clair Shover. Q Were you married before? A (NO RESPONSE) Q Were you previously married? A Yes, I was. Q Were you married to the defendant, Michele Miele? A Yes. Q You filed a Protection From Abuse Act Petition on August the 27th of 2001 against Michele; is that right? A That's correct. Q And I am going to ask you some questions concerning that petition. You've described some of her 4 D D 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 behavior in this petition as annoying, alarming and harassing. Have you ever seen that type of behavior exhibited by her (before you filed this? A Yes, I have. Q when was that? A Over a long period of time prior to that. Q How would you describe the relationship that you have with Michele -- had with Michele before you were married to Caroline? A Um, it gradually became very harassing and angry. We had a separation. Q How many years were you separated? A For two. Q Two years. After you married Caroline, was there any change that you observed in Michele's behavior towards ~ you? A Yes, it became much more agitated and aggravated after I got married. Q Okay. what things would Michele do that would make you alarmed? MR. ABRAHAM: Your Honor, I am going to object. would and ask for a time frame and object as to the form of the question. MR. SMIGEL: I will be glad to rephrase. THE COURT: I'm sure the one remedies the other. I I 5 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 MR. ABRAHAM: Right. SY MR. SMIGEL• Q Let me try to be more clear, and I apologize if I Iwasn't. I am asking you questions now pertaining to Michele's behavior leading up to August the 27th when you filed this. A Okay. Q From the time that you were married in the summer -- excuse me -- the summer of 2001 until August 27th is a time frame. Could you describe for the Court, please, what types of behavior Michele exhibited which led you to this action? A Very frequent phone calls to my home, to my cell phone, as many as 13 a day. Driving by the house, checking on what I am doing. Also some very out-of-control behavior coming tq the house. Q Actually coming to the house? A Yes. Q Let's break those down one at a time. With regard to the phone calls, you say she may have called the house as many as 13 times a day? A That's correct. Q Do you know what the purpose would have been -- A No. Q -- for that? Did you at any time, sir, say to her that you did not like that behavior, and that you wanted her 6 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 to stop? A Yes. Q Did that -- was that effective? A No. Q Could you tell the Court the manner in which she behaved in reaction to those requests? A I am allowed to call if I want to call. I will Icall. Q Would she call in connection with the children? A She would just call for no known reason. She would call when I had the children in my custody, and when I didn't have the children in my custody. Q I am going to show you what's been marked as Petitioner's Exhibit Number 1, and ask if you can identify it. MR. SMIGEL: May I hand a copy of this to the (Court? THE COURT: Sure. MR. SMIGEL: (COMPLIED) BY MR. SMIGEL: Q Can you identify this letter? A Yes, this is a letter that was sent from my former attorney, Carl Wass, to Michele's former Attorney James Miller. Q Okay. And Mr. James Miller is no longer her attorney. We have Mr. James Abraham today representing here. 7 }a 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 A I believe that he is not. Q This letter is dated May 30, 2001. A That's correct. Q And I am going to turn your attention to the second page to a paragraph that I have highlighted. I would like you to look at that paragraph, and see whether or not it accurately represents the letter which you directed to be (sent? A Yes, this is the letter. Q Okay. Now, this letter references a recurring problem of your ex-wife calling? A Correct. Q It says that those calls sometimes are 12:30 a.m., and that they are unwanted and disturbing? A That's correct. Q All right. After this letter was sent, did your ex-wife's behavior change at all? Did she stop calling you? A No. Q Did it -- okay. And how did her behavior of continuing to call you affect you? How did you feel? How did it make you feel? A I felt very harassed. I felt angry that I could not have a normal day. I felt that I did not understand why the calls were being made. Q Did, then in August of 2001, you come and speak 8 ~~ 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 with me and Mr. Monismith, my associate? A That is true. Q I am going to show you now what has been identified as Petitioner's Exhibit Number 2 for identification. MR. SMIGEL: If it please the Court, I will hand a copy up. A copy has been provided to counsel. (COMPLIED) SY MR. SMIGEL: Q This is a letter dated August 15, 2001, signed by Mr. Monismith, addressed to your ex-wife. Do you recognize that? A Yes, I do. Q And the second page shows that it was sent by certified mail, and it was signed for receipt by your ex-wife? A Uh-huh. (NODDED HEAD) Q Let me just refer to this. Again, we state to her that we've been informed she's been making phone calls both to the residence and your cell phone and making unwelcomed visits. A That's correct. Q And we state in here that the annoying, harassing and abusing contact with no legitimate purpose must cease. Did it? A No. Q Okay. After this letter was delivered -- withdraw 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 that, please. After you had this letter prepared and sent, did an incident occur? A Yes. Q At your home? A Yes. Q And was that -- there was an incident on August the 16th; is that right? A That's correct. Q And could you describe that incident for Judge Hess, please? A Michele had come to the house to pick up the kids after work, and the kids had left the house, and were sent back in to get a few extra belongings or something. They exited the house, went outside, were in the car, her car, I saw Michele come up the front sidewalk towards the house at which time she walked up, opened the screen door, placed her hand on the door of the house and proceeded to push the door open. Q Could you describe for the judge what her demeanor was like when she was doing it? A She was very angry. Q And what was she saying, if you can recall? A She was hollering something about something else that she wanted out of the house or needed. I don't remember exactly what it was. 10 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And from observing her demeanor were you willing to let her into your house? A No, not at all. Q What did you try to do? A My wife and I both had grabbed the door, pushed the door shut and locked it. Q Did she say anything to you or your wife? A She said something, I believe, to my wife. Q And what was it? A You are a bitch. Q When she said that, did you observe her demeanor, her facial expressions, tone of voice and her state of agitation? A Yes, she was very angry. Q Did she appear to you that she was in control of her faculties at that time? A No. Q And how did it make you feel when she behaved towards you in that manner? A Very harassed, very afraid that she was trying to get in the house. Q Did you fear for your physical safety if she were to come in? A Yes. Q Pardon? 11 `"" 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 A Yes, I did. Q Let me just go back to the phone calls for a minute. During these phone calls, did she ever use vulgarities to you? A Yes. Q Did -- how did that make you feel? A Very angry but also worried. Q Why were you worried? A Because I have seen the behavior escalate to the point where it is out of control. Q Have you ever seen her to the point where her behavior escalated to physical violence? A Yes. Q When? A At one point she had come -- after my -- well, when we were still married and scratched me across my chest. Q Okay. You also indicated in your initial answer that sloe would come to the house in addition to calling. In addition to that August 16th incident, were there other incidents where she came to the house? A Yes. Q When the children were not there? A Yes. Q Did you ask her not to do that? A Yes. 12 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q But she still came anyway? A That's correct. Q When she would come to the house, how would she behave? A She would be angry many times. Out of control. Q What would she do? A On another instance she came to the back door, again was pounding on the door, hollering for me to open the door, and I just stayed inside, and did not open the door. Q Were the children there? A Not at that time. Q So the children were not there, but she still banged on the door and was hollering? A She came to pick something up, I think. Q How long did she continue that behavior? A I would say for a few minutes before she finally (left. Q How did it make you feel when she did that? A Scared. Harassed. Q Now, you've also indicated that she has driven by your home on occasion for no purpose? A Yes. Q Could you -- did she ever admit that to you? A In the phone conversations she had said that, I drive by often and I see, and referred to what she sees. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did the children also tell you that she does that? A My daughter has told me that, and my son has told Ime that. Q And your wife is aware of that? A I assume so. Q When she drives by for no reason, how does that make you feel? A It feels like she is checking up on my every move, and what I am doing, and stalking my whereabouts, and where I am going and where I am coming. Q Has she -- after the filing of the P.F.A., when the temporary order was entered, has she continued this same behavior? A Yes. Q Did you recently have a back-to-school night for your son, was it? A It was my daughter's back-to-school night. Q Daughter's. At which school? A Hoover Elementary. Q In? A Camp Hill. Q Did you attend that? A Yes, I did. Q Who else attended that with you? A My wife. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Your wife Carol? A Yes. Q Could you explain to Judge Hess what happened that night in the classroom? A We arrived a little early and got there and sat down at my daughter's desk and were reading some notes that were written. When the rest of the parents came in the room, Michele came in and said something along the line, 1 would like to see the desk, grabbed the desk, slid it over, looked at some things, and then slid it back. But when she left, she stood directly behind my chair and remained there for an hour and a half during the course of the evening. I Q Now, you were sitting in the classroom next to your wife. A Yes. Q And she stood behind you for an hour and a half? A Directly behind me. Q How close was she to you? A Less than a foot. Q Within a foot. A Yes. Q Were there seats in the room? A There were a lot of empty seats in the room. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Was she invited to sit in a seat and not be standing over you? A There were several instances where other parents had invited her to come sit down. Q What did she do? A She said, No, I am fine where I am standing. Q Now, during that one and a half hours where she stood behind you and your wife, did she in anyway interact with you? A At one point we were having a conversation with another parent, the mother of another girl in class, and she had asked a question to my wife Caroline and I, and Michele immediately interjected giving an answer. Q So she interfered with conversations between yourselves and another parent? A Yes. Q Was that annoying to you? A Very. Q Was that alarming to you? A Yes. Q Why didn't you ask her to or demand that she move away from you? A Because in the past when I have tried to do that, it's escalated to making a scene. I did not want to make a scene in the classroom. 16 ~~ r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you ever attempt to curtail this behavior by enlisting the assistance of the police? A Yes, I have, on three occasions. Q I am going to show you what's been marked as Petitioner's Exhibit Number 3, which is an official copy from the Camp Hill Borough Police Department. A copy of which I 'just handed to counsel. And if I may, I will hand a copy to the Court. (COMPLIED) Take a look at that. It is dated July 31st? A That's the report. That's correct. Q It states that your wife had been calling and coming to the house and during visitation -- during your visitation -- A When I had the kids, Q -- when you had the kids. It also reiterates the fact that a letter had been sent to her. And it says here that you asked the police to speak with your wife. A Yes, I asked if I could file a complaint. They said that their normal procedure was to call and speak to her. Q Okay. Did you learn that the police, in fact, did go and speak to her? A Yes, they did. Q And -- A I believe they phoned her. Q They spoked to her by telephone. 17 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 A Yeah. Q After that telephone call and the conversation between your ex-wife and the police, did her behavior then stop? A No. Q Did it in anyway diminish her continuing to call You? A No, it did not. Q Did it in anyway diminish her driving by or coming to the house and demanding something? A No. Q After the police intervention was unsuccessful, did you attempt to ask for the assistance of the police a second time? A Yes, I did. Q I am going to show you what has been marked as Petitioner's Exhibit Number 4 for identification. A copy of which I have handed to counsel and a copy of which I respectfully hand up to the Court. (COMPLIED) It's dated August the 16th, 2001. A That's correct. Q And did you go again and make a complaint to the police? A Yes. Q What was the nature of that complaint? Why did 18 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 you do that? A That was the date that she tried to enter the house, and we called the police. They actually came to the Ihouse. Q Now, it states in this report that the officers told you that you could file charges against her for her disorderly conduct and so on. A That's correct. Q But you didn't do that. A No, Q Instead, did you discuss with us the option of filing this Petition for Protection From Abuse? A That's correct. Q By the way, you indicated that there are times that you have custody and that your wife continues to call. A That's correct. Q And there are times that the children aren't even there, and she calls or comes to the house. A That's correct. Q During the times that you have custody, is it pursuant to a visitation schedule that you've entered into as an agreement with her? A Yes. Q I will show you what we have marked as Petitioner's Exhibit 5. A copy has been given to counsel, and 19 ~~ 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 here is a copy for the Court's review. This is the summer schedule. A That's correct. Q Was this the schedule in effect during the time that we've just talked about in the summer of 2001? A That's correct. Q I am going to point your attention to the fourth line where it says that you will each have three weeks of uninterrupted time for vacation with the children? A That's correct. Q Was -- did you have three weeks of visitation this (summer? A I had three weeks of visitation with the children. Q Was it uninterrupted? A No. Q Did you ever discuss with her the fact that she was required by this stipulation and your agreement to allow you uninterrupted time? A Yes, many times. Q And what was her response to that? A She said that I can call the kids when I want, at least once a day, every day. Q Would you be okay if it was just once a day? A I would like to have my vacation time with the kids as it states, being uninterrupted. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Now, obviously there needs to be some change in this situation, but there is also a requirement that the children need to be exchanged when the custody changes. Correct? What do you propose to the Court a reasonable alternative if the Court were to grant your protection? MR. ABRAHAM: I am going to object at this time. I think that we are getting into a custody matter and matters relating to custody that go beyond any petition. THE COURT: Any P.F.A. order should address the matter of custody exchange. I will permit it. Go ahead. ', MR. SMIGEL: Thank you, Your Honor. THE WITNESS: Could you rephrase the question. SY MR. SMIGEL: Q Obviously your ex-wife is going to need to communicate with you for the benefit of the children. A Correct. Q If she is not permitted to come to the house or call the house, is there some system that you think would be effective, to avoid the contact and diminish the volatility of the situation? A My suggestion would be E-mail, since we both have (that. Q So you have E-mail and you could communicate Ithrough E-mail as to dates times and requests of changes. Correct? 21 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 A Correct. Q And what if she needed to leave something more detailed than just an E-mail message? A It could be left on voice mail, if it was not able to reach me by E-mail. I have voice mail at school and also at home. Q If it was reasonable and not 13 times a day. A Correct. Q And you would be willing to allow that limited contact, and she be ordered to stay away from the house? A To leave a message. Correct. Q All right. Now, how would you address the issue if the Court were willing to grant this relief of the pick up of the children and dropping them off? A I don't have any problem with her dropping the children off at the house. I think it is easier for them. I would just ask that she remain in the car, and the children come in the house, and she not get out of the car, not speak. Q To avoid -- what would be the purpose of that? A I would assume to escalate -- Q To avoid conflict. A Correct. Q Thank you. All right. MR. SMIGEL: Your witness. 22 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 CROSS-E7C~MINATION BY MR. ABRAHAM: Q May it please the Court, Mr. Shover, you indicated that while you were still married you had some incident when she scratched your chest; is that right? A That's correct. Q Was that about 10 years ago? A It was not 10 years ago. Q Five years ago? A It was less than that. Q Right before you separated or what? A I don't remember the exact date, but I know where we lived at that time, and we only lived there the year prior to the separation. Q Okay. This back door incident that you are talking about. Is this at your new house? A Yes. Q Okay. Do you list that anywhere in your petition? A Not in this petition. Q Okay. This incident at the school where she was standing behind you for an hour and a half, do you recall that -- A Yes. 23 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 i~ 18 19 20 21 22 23 24 25 your current wife were the parents of Lauren your daughter? A Someone had asked us which daughter is yours, and I responded Lauren. And at that point she said, I am the mother. Q And that is why she jumped in. Correct? A Yes. Q Now, do you have your petition in front of you, sir? A No, I do not. MR. ABRAHAM: May I approach, Your Honor? THE COURT: (NO RESPONSE) BY MR. ABRAHAM: Q Would you identify that just briefly for the Court. Is that the petition that you filed? A Yes. Q I would like to take a look at that:.., I will turn your attention to Page 4 of the petition. Now, the first dated incident is July 28th, is that right, on Page 4? I'm sorry. Do you see the July 28th incident? A Yes. Q Okay. And then I believe there is an incident on July 30th, after that; is that right? A Yes. Q And then if you flip to Page 3 there was an incident at your house on August 5th? 24 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 A Correct. Q And then August 16th. Right? A Yes. Q Four incidents base -- noted in that petition. Correct? A Noted in this petition. Correct. Q Now, three of those incidents happened during your -- or at least two of those incidents happened during your vacation week during your third week of vacation. Correct? A (NO RESPONSE) Q Do you recall when your vacation week was? A That is what I am trying to remember. Q Okay. A I believe it was during the last week of July. Q Okay. I am going to show you a document which I am going to mark Defendant's Exhibit Number 1. I am going to show you what I have had marked as Respondent's number 1. Do you see the highlighted area on that? A Yes. Q Was that your vacation week from July 28th to August 3rd? A I believe it may be. Without going back, I don't remember the exact dates. Q Okay. And one of the first dated incidents that 25 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 you refer to in your petition is July 28th. Correct? A That's correct. Q Then the 30th which is circled on Respondent's 1, then the 5th and then the 16th; is that accurate? A Those are noted in the P.F.A., yes. Q Okay. Now, let's talk about July 28th, Mr. Shover. I believe you state in your petition that your wife arrived unannounced, your ex-wife arrived unannounced about 10:25; is that right? A That's correct. Q You never knew she was coming. Correct? A I did not know she was coming. Q Isn't it true that you picked up the phone while your daughter was talking to Miss Miele before she came over to the house at about 10:00? A Yes, I did. Q So you knew there was a conversation between Ms. Miele and your daughter at 10:00? A Yes, I did. Q And your daughter was on the phone crying, talking to Ms. Miele; isn't that correct? A That's correct. Q And Ms. Miele tried to talk to you to try to find out what was going on? A She asked what was going on. 26 ,. _ _ .+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what did you tell her? A I told her everything was fine and under control, ,and I would have her call her back. Q And you had no idea that she would come over to your house at that point? A I did not. Q All right. But she did come over to your house; isn't that true? A That's correct. Q Okay. And at that point she came up to the door, and I believe you say in the petition that she rang the doorbell continuously; is that right? A Continuously. Q And isn't it true that your children said, It's mom, let us see her? A That's correct. Q And you said, No. A I would not let them go to the door at that time. Correct. Q All right. And as a matter of fact, you didn't let them go to the door at any time; isn't that true? A I don't understand the question. Q In other words, the only time that evening that mom was allowed to talk to the kids was on the car phone; isn't that right? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Correct. Q And you didn't let the kids out of the house to see their mother at that time? A No, they were in bed sleeping and had been woken up. Q So the child called their mother at 10:00 and they were in bed sleeping by 10:25. Is that your testimony? A The bedtime is 10:00. Kids were in bed sleeping. They were awakened. Okay? I told them it is past bedtime. You need to go to bed. I put Lauren to bed. I put Jonathan to bed. I thought the night was finished, and then came to the door. Q They were awakened by her phone call. Is that your testimony? A I don't know that they were sleeping, but they were in bed. Q And it's your testimony that my client called your ~ Ihouse. A I don't know that or it may have been my daughter calling her. Q So your daughter may have been up at 10:00 calling her mother. Correct? A That was why she was upset because I told my daughter she had to go to bed. She was crying because I made her go to bed. That is why she was crying. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A One thing she tries to do when she gets upset with a rule I have in the house is call her mother. I said, you may not call your mother now because it is past bedtime, which is a rule I have in my house. They can call their mother any time they wish, but not past bedtime. I made her go back to bed. Q But at 10:00 your daughter was awake. Correct? A Yes, she was. She was up past her bedtime. Correct. Q Okay. Now, when you went to the door on July 28th, did you speak with Ms. Miele? A No, I did not. Q You didn't answer the door at all? A No. Q And you are saying she rang the doorbell many, many times. Right? A Many times. Q Okay. So you had no conversations with her? A No. Q That's not an incident where she pounded on the door. Right? A Yes, she did. Q Where is that in your petition? Do you say that? July 28th. Do you see where this -- 29 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 A It's not in the petition. I'm sure I have that documented, though, in my own records. Q Do you have that document here today? A I believe I do, yes. Q Okay. But that is not in your petition. Right? A No, it is not. Q All right. So she never threatened you with any kind of physical harm on July 28th. Correct? A Verbally, no. Q Right. And she never struck you or had an opportunity to strike you and cause bodily harm; isn't that correct? A Not that I recollect. Q Let's go to July 30th, and I believe that is reflected at the top of your petition. Again, this is during your vacation time. Correct? A Correct. Q And this is a Monday; is that right? A I believe so. Your calendar says it is. Q And isn't it true that Ms. Miele stopped by the house to tell you something about Jonathan's football practice? A I assume. I don't know that for sure. Q And it's an incident in which she never even got out of the car. Right? 30 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 A That's correct. Q And it's an incident that lasted maybe two minutes; is that right? A That is correct. Q And I think your complaint was that she said, um, if I could just have your petition -- Yeah, you are so freaking immature. A Yes, I did. Q So this lasted two minutes. You heard her say that one thing, and this incident makes you afraid for your own safety; is that right? A Not this single incident. There have been many incidents. Q So not that incident? A No, that incident. Q Okay. Let's go to July 31st. You called the police; is that right? A I believe that is -- Q Camp Hill police. They called Miss Miele; is that ~ right? A The officer told me that he did, yes. Q Did he file harassment charges or any kind of disorderly conduct charges or anything like that against Miss Miele on July 31st. A He said their policy is to call and recommend that 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .the behavior to stop. Q My question was, Did he file any kind of criminal charges against Miss Miele. Yes or no? A No. Q Now, on the next incident, I believe, was a Monday, August 5th; is that right? That is on the preceding page, Page 3. A Correct. Q All right. And that Monday would have been right after your vacation time period; is that correct? A I assume so. Q Okay. Just to back up, did you take two weeks of vacation before this week starting July 28th? A Yes, I did. Q Did you go out of town? A One of the times, yes. Q Okay. And that -- during that vacation time period, you are not listing any harassment. Correct? A On this order? Q No, on the vacation -- on the first two weeks of vacation, there is nothing in your petition about alleged abuse and/or harassment for those two weeks. It is just this third week. A That is what is in this petition. Q Now, let's go to August the 5th. My client 32 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 arrived at your house about 4:00; is that right? A It was a little before 4, I believe. If I remember correctly. Q But you weren't even there. Right? A No, I was home at this time. Q You were home on August 5th. You didn't pull up 20 minutes later? A No, sir. That was back on July 30th, I believe. I don't remember. August 5th? Q I'm sorry. Let me take a look, if I may, at the jpetition. A No, I was home at this time, sir. Q Okay. On July 31st, you just referenced the fact that she called the police; is that right? A (NO RESPONSE) Q There was no incident at your house on July 31st. You just mentioned that you call the police? A No, I did not call the police. I spoke to Doug Hockenberry. Q Right. But there was no incident at your house on July 31? A No, it was July 30, I believe. Q Let's go to August 5th. All right? And this was a case in which Ms. Miele was there because the kids were off of vacation, and when the kids came home to Miss Miele, they 33 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 didn't have all of their clothing; isn't that right? A That is not correct, sir. They had all of the clothing that was ready to go home. She wanted every piece of clothing they had, and that is why she came back to the house. Q Additional clothing -- A No, sir, she wanted every piece of clothing they had, and that is what she insisted. Q So she wanted extra clothing. A She wanted all of the kids' clothing. Q Okay. And she contacted you ahead of time and talked to you about that, isn't that correct, before she showed up? A I don't recall. Q You don't recall that, do you? A I don't recall that. Q Okay. But it is in your petition that she came unannounced, right -- A Correct. Q -- on August 5th. But it is your recollection that you don't remember any phone call ahead of time? A I don't remember her saying she was coming over, i no . Q Okay. Now, and at this time, I believe it was your son that came into the house, and went back out of the house; is that right? 34 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 A Right. Q And he was sent back into the house because evidently Ms. Miele was satisfied that he got all of the clothes that she wanted to have; is that right? A That's correct. He kept coming in for more. Q Okay. And so what caused this incident that caused you all of this fear? Was it over this clothes issue and her actions; is that right? A The clothes weren't an issue, sir. She kept asking for more and more things. We had nothing left in the house for the children. Q That is why she was there. A I assume that is why she came. Q Let's go to August 16th. We have another clothing problem here; isn't that true? A I don't understand what you mean by a clothing (problem. Q Was she there on August 16th and asking the children to get more clothes. A She came to pick up the children. She ordered them to go back in and get all of their clothes, including their dirty clothes and everything. Q Right. A That's correct. Q And on August 16th that is when you didn't show up 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 until about 4:20; is that right? A No, that is not correct. The only day that I came in the driveway, pulled in the driveway, was on the day that she said, You are so freaking immature, Which is July 30th. The reason she said that is because I parked my car, walked in the house and refused to talk to her. She was calling my name. I refused to say a word. I walked in the back door and she said that. Q And that is the incident where she never even got out of the car. Right? A That's correct. Q Now, after the August 16th situation, and that is, I believe, when you testified there was this incident at the door, and she was trying to get in and all of that. Right? A Yes. Q You call the police again. A Yes, I did. Q Now, you are afraid of this person; isn't that .true A That's correct. Q You are afraid she is going to hurt you. She is going do something to your family. A That's correct. Q And the police offer you to file disorderly conducted charges, but you say, No, I will just file a P.F.A.? 36 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 A I called my attorney. I said, The police said I could file disorderly conduct because she swore. And I said, What should I do? I said, I don't feel that this is going to protect me and my family. I don't feel this is going to make her stop. She has gotten letters and calls. What should I do? My attorneys advised me that probably a P.F.A. would be the only way that I would be able to prevent her from continuing this behavior. That is why I did not file -- Q Did the police say that they were willing to file disorderly conduct or harassment charges? A Officer John Kidman came to the house. He spoke to us about that. His suggestion was to not file that, and to go through with the P.F.A. Q He didn't suggest that because he didn't think her actions merited or deserved that kind of citation; isn't that correct? A No, that is incorrect. He in fact, said I could get a disorderly conduct petition filed against her because of the behavior. Q But your fear wasn't enough to do that. Correct? A That is not correct. I felt that that would not Ibe effective. Q Okay. Now, I believe you talk about, in your petition, incidents during the marriage -- and I believe you 37 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 already testified to one of those incidents in which you had a scratching situation, where you had scratches -- A Yes. Q -- on your body. I am going to show you what I will ask to be marked as Respondent's number 2. I will hand this to the Court. (COMPLIED) Did you ever see that letter, sir? A Yes, I have seen this letter. Q And whose -- who wrote that letter? A Um, I assume Mr. Miller. Q All right. He is the one who signed it at the bottom. Correct? A It appears to be, yes. Q I believe you already testified that Ms. Miele -- that was her attorney for the divorce. Correct? A That's correct. Q Do you see the highlighted portion there? A Yes, I do. Q Would you read that for the Court, please? MR. ABRAHAM: I'm sorry? MR. SMIGEL: Will you show me what is highlighted? MR. ABRAHAM: Yeah. (Discussion off the record.) BY MR. ABRAHAM: Q Go ahead and read that, sir. A You want me to read the first highlighted section 38 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 of this letter? Q Just the second paragraph -- I'm sorry. The last paragraph that begins the second issue. A It says, David has been threatening to reduce the support obligation by those amounts which he pays on behalf of parties, i.e., Visa debts, monthly payments. Q And then you can read the second highlighted portion, please. A The second issue is one which repeatedly reared its head throughout this case. David has the uncanny ability to inflame an already uncomfortable situation. Although we presently don't have any expert testimony lined up to testify about the impact of the emotional and mental abuse he inflicts upon Michele, I assure you from a lay perspective, his behavior is incredibly abusive towards her. And I ask you advise him to immediately stop harassing Michele with regard to her personal life and domestic issues. Q So you were notified by her attorney that it was at least Ms. Miele's position that you were harassing her and that you were emotionally and verbally abusive to her. Correct? A This letter was sent to my attorney. !~ Q And you received it at some point in time; is that correct? A We read it, yes. 39 D Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what date is on that letter? A The letter is dated November 17th, '99. Q And that is right after you separated; isn't that right? A (NO RESPONSE) Q Separated in October of '99? A No, I was separated in October of '98. Q So even a year after you separated you received this letter? A I received this letter at that time, yes. Q Okay. Now, in your petition, since July 28th, you don't make any allegations about any kind of threats of physical harm; isn't that true? MR. SMIGEL: I am going to object, Your Honor. The complaint speaks for itself. I think this is a mischaracterization. It does say that there were continual calls and threats. And the question has been asked and answered many times. THE COURT: I will sustain the objection. MR. SMIGEL: Thank you. gy pIg, ?,gununm; Q Were you ever -- did you ever hear Ms. Miele say to you on July 28th, on July 30th, on August 5 or August 16th, anything that threatened you with physical harm? A Did I ever verbally hear her say anything? 40 D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Yes. A Other than the swearing, other than calling me freakin'? Q Right. A That is what I have heard. It's more of her behavior that scares me. Q Okay. Was there any time on July 28th, July 30th or August 5th or August 16th that she inflicted any kind of bodily harm on you? A No, because I refused to let her in the house. Q Okay. And you were afraid to do that because that is what she was going to do. A Exactly. I worry about that. Q And you have -- aside from the scratches, are you aware of any other incidents where she ever inflicted bodily harm on you? A During my lifetime? Q During your marriage. A Yes. Q Where is that? A There have been times where I have been hit and Ikicked. Q Okay. And you've never had any kind of abusive or that type of conduct as to her? A Absolutely not. 41 ~A~ R~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right: Now, in so far as -- I believe in some of your incidents she continually rings the doorbell and pounds on the door. A On those incidences she did. Right. Q And this woman here that is about five, five, 120 pounds, scares you. A What worries me is what happens when her behavior escalates and she gets out of control. I am not just fearful for myself but also for my wife. MR. ABRAHAM: Nothing further, Judge. THE COURT: Anything else? MR. SMIGEL: Just a few. REbIRECT EXAMINATION BY MR. SMIGEL: Q Let's go to Respondent's Exhibit 2. This is the letter of November 17th, 1999. You've admitted getting the letter. Do you admit to committing any of the conduct Ithat's -- A None at all, whatsoever. Q -- contained in this letter? A No. Q It is not specific at all, but did you at any time annoy, harass or alarm your ex-wife? A No, I did not. Q Did you continually call her 13 times a day? 42 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 A I do not call her. Q And did you go to her house unannounced and bang on the door incessantly? A Never. Q Did you ever call her and curse at her? A Never. Q In the petition itself, although it does speak for itself, there are not -- it is not complete with specific ,dates, but there is a paragraph that states, Defendant continually calls Plaintiff at his home and on his cellular phone. It also says that, Plaintiff -- that the Defendant drives by the house several -- on several occasions. It's not specific with regard to date, but are these dates and times that are in addition to those contained in Respondent's Exhibit Number 1? A Yes, there are very many additional times. Q And since the filing of the P.F.A., when a temporary order has been in place, has your wife continued to exhibit this same behavior? A Yes. Q Did she do that on August 30th of 2001 by coming to the driveway and calling your house? A Yes. Q Did she do it also on September 2nd? A Correct. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did she do it also on September 13th or in that back-to-school night? A Yes. Q Did she do it on September 14th, when she again came to your house unannounced? A Yes. Q Unwelcomed? A Yes. Q Did she do it again on October 3rd? A Yes. Q Is this continuation of her behavior something which you think she will just stop without the intervention of the Court? A No. Q Thank you. MR. SMIGEL: No other questions. MR. ABRAHAM: Nothing further, Judge. THE COURT: Thank you. YOU may Step dOwri. MR. SMIGEL: Please step down. I would like to call Caroline Shover to the stand, please. Whereupon, Caroline C. SHOVER, having bees duly sworn, testified as follows: DIRECT EXAMINATION 44 ~~ 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 BY MR. SMIGEL• Q Would you state your full name, please. A Caroline Clair Shover. Q And you are married to David, the Petitioner? A Correct. Q What is the date of your marriage, please? A June 9th, 2001. Q Okay. Um, since the date of your marriage, have you encountered any difficulties with Michele Miele, his former wife? A Yes. Q You heard his testimony about an incident which occurred on August the 16th of 2001; is that right? A Yes. Q Could you tell the Court, please, what you recall happened on that date? A When Michele came over to pick up the children, she was screaming at the top of her lungs about wanting all of the clothing. She sent -- we sent the children out to the car. She sent them back in. They came and gathered up clothing. She continued to scream about clothing, and just sent them back into the house, and back and forth at least two or three times. She was screaming about shoes. Lauren was telling her that they are too small -- 45 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Slow down. The court reporter is good but not that good. A Lauren was saying, Mom, they are too small. She says -- I don't care. She was screaming .about a red duffle bag. At one point when the children left the house we went to shut the door, and I saw her reach for the handle. I had my hand on the other side of the door knob, and she shoved open the door, and I was so startled that we both shut the door as quickly as possible, and David ordered me to lock it. And she screamed, Oh, bitch. And then she continued to scream at the children to come back in. But of course we had locked the door, and she was on the other side saying, Count on Caroline to have locked you out. Q Now, what do you? Do what is your occupation? A I am a teacher. Q Have you observed the Respondent's demeanor and behavior at this time on August 16th, and at other times when she has come to your house? A Yes. Q Can you describe briefly and slowly how she appears to you when she comes and knocks on the door or comes and demands to get in? A Whenever she comes it involves a lot of screaming, a lot of pounding, a lot of doorbell ringing, a lot of causing anxiety in the children, sending them back and forth and back 46 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 and forth. Q How does it make you feel? A Very sick. Q Okay. Does it in any way annoy you? A Yes. Q Is it alarming to you? A Extremely. Q Does it in any way place you in fear? A Absolutely. Q Are you afraid for your personal safety? A Very much. Q You've heard the questions of your husband concerning the continual calls, as stated in the petition, and the drive-bys by his ex-wife. During the times that she makes those calls, are you able to observe her demeanor from the tone of her voice, the manner in which she speaks and when she drives by from the appearance that she has? A Yes. Q And what is the conclusion you have as to her state of mind at that time? A She seems to be on a roller coaster emotionally because she flips from calm orderings in her messages, to ranting, to demands, to suddenly being very pleasant again, and then she will be screaming a half an hour later. Q Have you also gone to the police on one occasion 47 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 Ito ask for their assistance? A Yes. Q After you have done that, did you observe any noticeable change in her behavior? A No. Q Okay. Are you asking the Court to enter this order to protect you and your husband? A Yes, please. Q Okay. MR. SMIGEL: Your witness? MR. ABRAHAM: Thank you. CROSS-EXAMINATION SY MR. ABRAHAM: Q Mrs. Shover, one of the things that Ms. Miele does is ring the doorbell a lot. Right? A Correct. Q That bothers you. A when it's incessant, yes. Q And when it is incessant, it makes you afraid. Correct? A Correct. Q And she pounds on the door, and that makes you afraid? A Correct. Q And she screams and yells just about every time 48 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 she comes to get those kids. Correct? A Right. Q Were you there on July 28th or the July 28th incident? A (NO RESPONSE) Q Do you recall? A I am afraid I need more than just a date to !,refresh my memory. I MR. ABRAHAM: May I approach, Your Honor? THE COURT: Sure. BY MR. ABRAHAM: Q I will show you -- have you reviewed this petition fat all, ma'am? A Yes, I have. Q Okay. I am going to direct your attention to the 4th page where it says July 28th. Do you want to take a moment to read that? A Yes. Q That was the incident where Michele came to the house after Lauren was on the phone to her. Were you home that night? A Yes, I was. Q And that night she was screaming and yelling just like you testified. Right, Mrs. Shover? A That night I remained in the back of the house 49 -- .. 4._ 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 with the children. Q You didn't hear her scream and yell? A When the doorbell began to ring incessantly. Q Right? A I turned it over to Dave, and I remained in the back of the house with the children, and I tried to calm them down because they were in hysteria. Q And she was in hysteria too. Right? A I was not in the front of the house. Q So she wasn't yelling loud enough for you to hear her. Correct? A I was not in the front of the house. Q So you heard no yelling that night. Correct? Yes I for no? A From Michele? Q Yes. A No. MR. SMIGEL: Excuse me. 2 think you said the 29, but I think you meant the 28th. MR. ABRAHAM: I'm sorry. Thank you. MR. SMIGEL: That's all right. BY MR. ABRABAM• Q When did you go to the police, Mrs. Shover, that you just testified to. A Personally? 50 ,,• ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Yes. A It was just this past Wednesday. Q It was after August 16th, then, just recently. Correct? A That would have been a time that Dave and I jointly contacted the police. Q And do you recall when Miss Miele was at the school, and as Mr. Shover testified, somebody came up and said, Are you the parents -- A Yes. Q -- and she interjected and said, I am the mother? A I do recall that. Q And did that place you in fear? A Very much. Q Now, you don't have a very good relationship with Ms. Miele, that's accurate. Correct? A I would say that there is not a relationship good or otherwise. Q Okay. And the actions that cause you alarm is the incessant ringing of the doorbell, and the pounding on the door; isn't that true? A There is more to it. MR. ABRAHAM: Nothing further, Judge. MR. SMIGEL: Nothing further. Thank you. I~ THE COURT: Thank you. 51 ~~ ~~~ 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 MR. SMIGEL: You can step down. I would move the admission of our exhibits, Your Honor, and then we would rest. MR. ABRAHAM: No objection, Your Honor. THE COURT: Okay. I am just going to take a brief break. Somebody is expecting a call from me at 2:30. Then we will hear from your client. MR. ABRAHAM: Thank you, Your Honor. (Whereupon, a recess was taken at 2:30 p.m.) AFTER RECESS MR. ABRAHAM: Judge, may it please the Court, I call Michele Miele to the stand. Whereupon, MICHELE R. MIELE, having been duly sworn, testified as follows: IBY MR. ABRAHAM: Q Michele, state your full name for the record, please. A Michele Renee Miele. Q How do you spell that, your last name? A M-I-E-L-E. Q Where do you reside? A At 8 Campbell Place, Camp Hill. Q And how long have you resided there? 52 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 A A year and four months. Q Okay. When did you and Mr. Shover separate? A October of '99. Q What has been the custody arrangement since October of '99? A Every other weekend. He has them every Tuesday night overnight, and every other Thursday night opposite the weekend. Q Who has primary physical custody? A I do. Q Now, when -- are you currently married? A No. Q When did Mr. Shover get remarried? Do you know? A June 9th, 2001. Q Okay. From when you separated until June 9th, have there been any problems between the two of you? A Not really. Not too much. Just little things trying to work through the divorce, work through an agreement. Q Were there allegations of you harassing or bothering or calling too much? A No. I think more there was -- I had more of a right to call it harassment on my end on different things that he was trying to accomplish with the agreement. Saying very hurtful things to me through E-mails at my job. Q All right. Let's go right to the complaint or, 53 ~~ ~~ 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 excuse me, right to the petition in this case. After June of this year did you have any communication problems as far as the children go? A Yes. Q What were they? A I didn't feel that him getting married should change anything, that if I needed to make a phone call to call and talk about the children, maybe some things when he says we can do that by E-mail, some things come up at school or .whatever with a friend -- I didn't think him being married should have changed that. And I can honestly say the few times I did get to call, I noticed shortly after the marriage that he had Caroline answering the phone, which is fine but she would be very disturbed about me calling, why I needed to talk to him. And I just wanted to deal with Dave about our children. Q Okay. Now, in the July -- in the petition, and we will start with the July 28th incident, and do you recall what happened that day? A Yes, I do. Q Can you tell the Court what happened? A I was out for the day, most of the day, and at 10 p.m. at night, somewhere around that line, I got a phone call from my daughter. She was very upset, crying. This was on my car phone in the car. It was also on speaker phone. I 54 FA ~~. 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 don't pick up when I answer the phone. She is crying. This isn't the first time that this has occurred. She was very upset. And I tried to calm her down and figure out what was wrong, why she was crying. ;And she wanted -- she wanted me to come see her. She was very upset and I wasn't sure what to do. I was out and I decided that I was going to go ahead and go over because during the phone call she was whispering to me hike she wasn't probably allowed to be on the phone. Q Were you with anybody at the time? A Yes, I was. Q Who were you with? A I was with P.J. Bettinger and Joe Graham. Q Who were they? A They are two guys at work. Q Okay. What were your plans that night? A I had earlier been at a function, a work function with Joe during the day and P.J. wanted to hookup with us later that evening and go out to dinner, so we did. Q And did you call Mr. Shower's residence or did your daughter call you? A No, I did not. She called me. Q And what time do you recall that happening? ~ A That was somewhere around 10 p.m. Q How far away were you from Mr. Shower's residence? 55 ~~ 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 A About eight minutes. I was over in Harrisburg. Q What did you discuss with P.J., if anything, as to what to do next? A They heard the phone call and they were quite disturbed by it as well, and they all -- I said, I am going to go over. I am tired of this. I don't know what is going on. As a mother it was very scary. There's been a lot of different things that have happened, and I don't keep documentation like Dave does, but there's been a lot of things that have happened that I have II questioned in the back of my mind what is going on. And when this finally happened, I was like, That is it. I am going over. And that is why I had the intention to go over. Q Now, how long do you think it took you to get I there? A Eight minutes. Q All right. What is the first thing that you did? A I parked the car along side of the road. I got out of the car, and, um, I went up and rang the doorbell. Q Now, how many times did you ring the doorbell? A I rang it once and then when, you know, when they didn't respond, then I probably rang it again. I didn't incessantly ring the doorbell. Q You were accused of immediately you began ringing the doorbell continuously, awaking not only the Plaintiff, but 56 e ~~ 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 the children in the petition. Tell the Court what happened. A What happened was I went up, and I rang the doorbell, and immediately my kids started to cry. Q How do you know that? A Because I could hear them. They were in the kitchen, and they immediately started to cry. I knew that they were there. My initial thought was, Oh -- I felt bad for upsetting them, and, like, I shouldn't have come because he is not letting them see me. The immediate cry was, Why? She is our mother. Let us see her. She is our mother. And he was going, No. Absolutely not. No. This is my time. Absolutely not. And he was being very, damaging, I thought, to the children. And I only came in response to my daughters She wanted to see me. She was very upset -- Q What did you do then? A I just took a deep breath, and I tried to ring the doorbell again to see if he would let me in. And then he decided, Well, I am going to have to go out and talk to her. Because he knew I wasn't leaving. So he came out. That is when he argued with me about it. What are you doing here? And on another part of the -- before I got over there, when I said my daughter was whispering on the phone, he came in the background and yelled gat her for being on the phone. 57 ~" 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 And he said, What are you doing? And then he got on the phone with me. He said, What is going on here? And I said, I don't know. You tell me. She called me up crying. And he accused me of calling her and upsetting her. Q What happened after he came to the door? A When he came out, you mean? Q Yes. Yes. A He argued with me, you know, this is my time. You are not supposed to be here. I said, Lauren was crying. She was really upset. I just want to see Lauren. Please just let me see Lauren. And he said, No, you have to leave. This is not your time. And I tried to explain to him that that was very damaging to the children, you know, not to let me see them. To act as though, um, you know, I was an intruder, when I was -- I am their mother. Q What did you do next? A He said he was going to call the police. Q What did you say? A At that time I didn't say anything. He went in the house. I stood there. I wasn't sure what to do. And I thought about it. You have to understand that my point is this was my child -- they are inside and they are upset. I am not leaving here until I get an explanation, until I have some understanding that they are okay. 58 ~~'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What did you do? A I stood there and thought about it. I decided, okay, I am going to try this again. I rang the doorbell. And he came to the door with the phone in his hand like he was calling the cops. So I went to my car and sat down, and I told the guys what was going on. And, um, then I tried to call. At some point I think I called in or he called -- I think I called. I called on my cell phone to see if he would let me talk to the kids. He said he called the cops. I said, Fine. I'll wait. Q All right. And what happened after that? A After that we were sitting in the car for a couple of minutes, and the phone rang and it was the children. So then I did talk to the kids, and he let me talk to the kids. I talked to Lauren for awhile. I got her calmed down. She was upset. I talked to her for awhile, in a very comforting manner. And then I got done talking to her. And I talked to my son Jonathan. And he was very upset. He was very angry for his dad behaving the way he was. And he was arguing with his dad while we were on the phone. So I just spent most of my time on the phone with Jonathan trying to get him to calm down, trying to get him to not argue with his dad. I said, Jonathan, let it go. Don't argue with him. Please let it go. 59 r"` ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What was his dad saying? A His dad was saying -- well, he was arguing with his dad about, I don't know why you wouldn't let her see us. She is our mother. And he said, I don't care. It is not her time. It is my time. And, um, and then, She is always calling here. And Jonathan was saying, No she is not. She doesn't call here all of the time. Q Okay. All right. MR. ABRAHAM: May I approach, Your Honor? THE COURT: Very well. BY MR. ABRAHAM• Q I want to show you what I will ask be marked as R-3. Can you identify R-3 for the Court, please? A Yes, this is my AT&T bill showing the calls on the 28th from my cell phone. Q All right. A Go ahead. Q Let me direct your attention to the top portion of that, to number 82, in the left-hand column. Do you see that one? A Yes, I do. Q Is 763-0288, is that Mr. Shower's number? A Yes, it is. Q Okay. And then 761-8644, is that Mr. Shower's Inumber? 60 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 A No, it is not. Q I'm sorry. what time of the day was that call? A That was at 12:57 p.m. Q And do you recall what that call was about? A No, I don't. But it is only 2 minutes. Possibly I left a message. Q Okay. Now, let me take you down to call number 100, and that is the first highlighted call. There were three highlighted calls there. What do they represent? What are the times on those? A It is 10:06 p.m. Q And what does that say? A It is incoming call. That would probably be when my daughter called. They don't put numbers on the incoming calls. I called AT&T and also tried to get -- if there was any way to give me that information and they said, no. Q Okay. And then the next call listed there is '10:10; is that right? A Yes. I~ Q And who did you place that call to? A That was placed to his home. And I believe that when he came into the room, when she was on the phone with me he hung up. So that was -- I was still over in Harrisburg, and I was trying to call Lauren back. Q Okay. Now, I want to direct your attention to the 61 ~~ 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 third phone call listed there. What time was that? A That is 10:32 p.m. and -- Q What phone call do you think that was? A That was when I was trying to call into the house. Q Okay. A After I got back into my car. Q All right. And then the last one I will direct your attention to is number 103 at 10:33. What was that phone call, do you think? A That was when he allowed the children to call me back on my car phone. Q Okay. Now, I believe you testified that you talked to the kids, and then after that what happened? Did you leave? Did you go home? What? A No, we decided to try to continue where we were at. We tried to go back to the restaurant. And really it kind of ruined the rest of the evening. We didn't really feel like being out. We just went home then. Q What happened when you got home that evening? A When I got home that evening I found a message on my answering machine from Lauren at about 9:00 or 9:30. I can't remember exactly because she left a message on my answering machine so -- she was very upset then, crying and wanted to talk to me then. Q Do you have a recording of that? 62 f"'~, ~~~ 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 A Yes, I do. MR. ABRAHAM: Your Honor, if I may. THE COURT: Go ahead. BY MR. ABRAHAM: Q What day did you get home, and what day are we ,,talking about? A That would be Saturday evening the 28th. Q And identify -- we will mark this recording as R-4. Can you identify what R-4 is? A Yes, this is a recording of my daughter on an answering machine message at my home. Q What is the date? A That would be July 28th. Q Do you know the to go ahead and play that? A (Tape was played off the record.) Q So, I believe July 28th was a Saturday. Do you recall that? A Yes. Q Okay. And what did you understand that phone call Ito be? A 9:26 that evening that would have been before bedtime. Q And you weren't home at that time? A No, I was not. Q Okay. So then eventually she called you in the 63 a ~~ 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 car? A Yes, the first time I had contact with her was in the car. Q Okay. All right. Let's talk about July 30th and the incident on July 30th, and that's where you were accused of saying, You are so freaking immature. Can you tell the Court about that? A Yes. After the incident happened on the 28th and -- maybe even before that because I really kind of wasn't aware of what he probably was doing, but he would not allow me Ito talk to the kids that whole entire week, and he must have had it already in his mind that he was not going to receive ,any of my phone calls that week, especially after the incident. He refused to let me talk to my children. Now, even though it says uninterrupted in our agreement, my lawyer has stated that that does not mean phone calls and keeping you away from talking -- Q Don't talk about what your lawyer said. Just state what occurred on July 30th. A So because I couldn't talk to the children, there was some message that I needed to give Jonathan, and when I got there, um, -- oh, I actually remember it better now because I did go to the door to see if Jonathan was there because they were refusing to take my phone calls. Also in the back of my mind kind of being 64 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 concerned about what had happened Saturday evening, wanting to see if the kids were okay, and Caroline and Lauren came to the door. And I told Lauren the message, and could you please give it to Jonathan. As I was pulling out and leaving, Dave pulled in. So I thought, Oh, okay. I figured Jonathan was in the car with him but he wasn't. So when Dave got out of the car. I said, Dave, where is Jonathan? And he didn't answer. Dave where is Jonathan? And he wouldn't answer. And he walked around his car, around the back of the car, and in the back 'door and totally ignoring me. Q Did you say that, You are so freaking immature? A Yes, I did. Q Okay. A I was upset because of the behaviors that he is exhibiting as a parent, not letting me talk to my children, and then again being very rude and ignoring me, and would not have any kind of a conversation with me about Jonathan. Q And how long did this whole incident or situation last? A I might have been there two minutes, and the time with him was a matter of a minute. Q All right. Now, let's go to the -- on July 31st I~!the petition says you got a call from Camp Hill Police; is that right? 65 ~w 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 A Yes. Q What do you recall about that? A Okay. That would have been after this incident. Q Uh-huh. A Actually I was shocked. And I got a message on my answering machine to call the police. And so I called them. And he explained to me what happened and I was surprised. And I just explained to him just like I did you the whole entire incident and what happened. Q Okay. Were you charged with anything? A No, I was not. Q Did they warn you? Because you are accused of being warned. A No, they did not. Q Okay. A They simply wanted me to know that this action had taken place and, um, that you need to talk to your lawyer, you know, and make some reasonable arrangements to deal with Dave. Q Okay. Let's go to the next incident in the petition, regarding August 5. And that, I believe, was a Monday -- let me just back up. What was his vacation time period? Do you recall? A That particular time? Q Yeah. Well, the meeting -- beginning with July 28th. 66 ~_~ 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 A It would have been -- if July 28th was a Saturday, it would have been July 27th at 4:00. ~' Q Okay. All right -- A From the following Friday at four. Q Okay. A 8/3, I believe it was. Q All right,. So, um, when did you get the kids back after his vacation? A 8/3 at 4:00 after work. Q All right. And 8/3 was a Saturday or Friday -- I am going to direct your attention to R-2. It should be sitting up there. A Okay. Q It may be a calendar. A R-1 or D-1? Q Okay. And what is the date that you got the kids back? The day and the date. A The day would be Friday, August 3rd. Q Okay. A At 4:00 after work. Q All right. Now, tell us what the situation was when you got the kids, back up to August 5th? A The situation just was merely that I picked the children up on the -- on the 3rd and I don't believe they came out with any clothes at the time. They just came out, got in 67 ~~ 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 the car and we left. Obviously after they had been with them a whole week, they had all of the clothes. Dave does not purchase clothes for the kids. All of the clothes are at my house. I have to pack and unpack all of the time. So being that he had them for a week, um, he had most of their summer clothing. So I obviously did need to have their clothes back. I had called and left Caroline know, you know, so we can come over. She said they were still in the wash. I said, All right. I will check back later. Q Um, when you went to get them at 4:00 on Friday, did you go to the house or did they -- A Yeah, I always go to the house to pick them up after work. Q Were you yelling and screaming? A No. Q Did you see either Mr. Shover or Mrs. Shover at that time? A Are you talking about Friday the 3rd? ~ Q Yeah, when you picked them up. A No, it was just a regular day. I picked the kids up from his house after work. Q Did you see them after -- did they come to the (door? A Who? 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. and Mrs. Shover when you picked up the kids? A Not that I remember. Q So Friday the 3rd there was no problem. Right? A No. Q Okay. All right. Now, you say that you telephoned ahead of time? A Yeah, I telephoned sometime on Saturday to get their clothes. Q Okay. And Saturday would have been what day? A The fourth. Q Okay. MR. ABRAHAM: May I approach, Judge? THE COURT: Certainly. SY MR. RAHAM: Q I am going to show you what I am going to ask the court reporter to mark as R-5. Can you identify that, please? A Yes, this is another AT&T bill stating that I did call, I did not go unannounced on the 4th at 2:00. Q All right. And I will direct your attention to, it looks like call number 156, the shaded area, and that is ,the one you just testified to? A Yes. Q 209? A Yes. Q Okay. Um, now, there is another shaded area there 69 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 with August 5th, do you see those? A Yes. Q 763-0288, is that his home phone number? A Yes, that is his home number. Q And what is 439-8831? A That is his cell phone. Q And what type of day did you call? A Those calls are made at 3:30. Q i What were you planning on doing at or around 3:30? A Um, I really don't remember. I mean, it looks like they a re both a minute long. It looks like we called at home. They weren't there. And we called on the cell phone. I don't stop my children from calling. It could have been the children ca lling. Q When did you get to the house on August 5th? Do you recall that? A Yeah, probably around that time. That was probably when we went to pick up the clothes. Q Okay. Now, you've heard from Mr. and Mrs. Shover in regard t o what happened. Tell the Court what you recall happened. A Oh, on the 5th, is that when I went to pick up the clothes? Okay. Q Go ahead. A That is the instance that they say -- okay. 70 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 Jonathan and I were together. He went up to get the clothes, and when he came back, he only had his clothes. And I said, Jonathan, I need Lauren's clothes too. So he had to go back in the house to get Lauren's clothes. Q Now, where are you at this time? Are you in the car or standing outside? A I believe I was in the car. I may have gotten out of the car at that point to help him with the bags, figuring he is going to have quite a few clothes, because they were with them for over a week. Q What happened next? A That is it. We got the clothes and I left. Q Well, did-you go to the door? Did you have an incident where, as they testified, you grabbing the door and those types of things? A No, not on the 5th. I helped him with the bags, and then I told him to go back in and get Lauren's clothes. MR. SMIGEL: I believe you got the dates mixed up. MR. ABRAHAM: Yes, I believe I do. BY MR. ABRAHAM: Q Now, sticking with August 5th, you are accused of beating on the door. Did you beat on the door? A On August 5th? Q Yes. A No, I don't recall. 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A I did not beat on any door. If I did anything, I might have -- maybe it was taking Jonathan awhile. I didn't memorize these situations. They weren't ordeals. Q You are accused of ringing the doorbell non-stop ',again on August 5. Did you do that? A No, I did not. Q Now, let's go to August 16th. All right? And do you remember what took place on August 16th? A August 16th would have been the day I got there, and they were not there. Right? Q Right. A Okay. Another typical day of picking up the kids after work. I got there at 4:00. It was very hot. So I waited outside of my car, and they weren't there. There was no phone call. I waited 20 minutes. They weren't there. I had no notification that they were going to be late or they were out somewhere that they were going to be late. I waited and waited. There was some roofers on a roof working across ,the street, and they took notice to me standing there waiting. They did take witness to it, although trying to contact them -- Q Tell the Court what happened. A They got there and they pulled up into the 72 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 driveway, and they all walked into the house with no communication at all. No discussion that, Hey, sorry we were late. We were at a park. Nothing like that at all. Just walked into the house very rude. And I said to the children, I said, Please hurry up, kids, we are late. We had somewhere we needed to go that day. And get your clothes and please hurry up. Q So did they come out of the house? A So they all went into the house. They all went up into the house and Caroline slammed the door. Q And what happened then? A She slammed the door shut, and I was irritated at their behavior, at the fact that they have to constantly treat me like this. That they are very rude and ignorant with things with the kids and stuff like this. They didn't even notify me that they were going to be late. 5o then when they just got there and also again i acted very rude, when she slammed the door on my face, I said under my breath, You bitch. I did not look at her and say that to her face or in a very nasty way. I said that because I was hurt, because I am constantly being treated like I am no good, and that they are pushing me out of the picture. Q What happened next? A So they went into the house, and the kids came 73 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 out, and they had very little stuff with them. So said, No, no, no, I know you have more than that. Please go back in and get the rest of your stuff. So they went in again, and came back with some more stuff. We were putting it in the car. And then I remembered some more things that Lauren needed or had. Maybe it was those shoes, maybe it was -- I know, the green bag. It was the green bag. And Lauren was going in, and I went up and I kind of leaned in. Not into the door or anything, but I said, Lauren, don't forget the green bag and your shoes. And we were strictly having a time of, Hey, come on get-your stuff, your clothes. No, you need more. Go back and get what you need. I certainly wasn't demanding at all. It was just that we were getting ready to go away, and I needed their clothes so that I could pack. Q Were you at the door grabbing the door knob, the things that they testified to as they had to hold you back from the door? A No, I do not remember that. I remember trying to go towards the door at one point to tell her, you know, that she needed something. Oh, and then when Lauren came back out, there was still another item that we needed. So as I was going towards the door to please ask Caroline to get that item, she slammed the door. She shut the door again. I said, Lauren -- I said, Lauren, you are going to 74 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 have to. They are not going to answer the door for me. So 'please, you are going to have to go back in, knock on the door, do whatever you have to do to go back into the house. Q Okay. At any of these incidents the 28th, 30th, the 5th or the 16th, did you say anything to Mr. Shover or Mrs. Shover to verbally threaten them with bodily harm? A No, I did not. Q Did you ever strike any of them causing bodily I harm? A No, I did not. Q Did you ever take any action that was threatening against them? Did you raise your fist at them? A No, I did not. Q Do anything like that? A No, I did not. Q Okay. You are accused of stalking Mr. Shover. Did anybody file stalking charges against you? A It was in the PFA. Q Okay. You are accused of driving by his house. Why would you drive by his house or do you? Can you explain that to the Court? A I have no interest in stalking Dave Shover. And, um, when I drive by his house, it is because it is in a very prominent area we live in and go through very often to go to school. He lives right on 21st Street in Camp Hill. 75 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 traveled that many years. I now have gotten more into the habit of going 17th Street so I don't have to go near his house. But we also have close friends who live -- their back yards are connected. I am in that area a lot. So if I drive by, I am driving by. I do not understand. That is totally false. Q Okay. Were you again contacted by the police after the August 16th incident? A Yes, I was. Q What -- did you get charged with anything at that (point? A No, did I not. Q Did they say anything about disorderly conduct? A No, they did not. Q Say anything about harassment? A No. Q Okay. A They explained to me what Dave alleged. Q Okay. And after they talked to you, did they take any action against you? A No, they did not. They told me to contact my lawyer. MR. ABRAHAM: May I approach again, Your Honor? THE COURT: Sure. 76 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 SY MR. ABRAHAM: Q I am going to show you what has been marked, I believe, as Petitioner 2, the August 15th letter. Can you identify that for the Court, please. A Yes. It's a letter that I got from David's new attorney. Q And what is the date on that? A August 15th. Q And that was sent certified mail? A Yes, it was. Q What is the date that you received it? A (NO RESPONSE) Q I will point your attention to the second page. August 20th. A Okay. Q And what does that warn you of, for lack of a better term? That letter? A Making phone calls to his residence, mobile phone several times a day, coming unwelcomed to his home, annoying, harassing, abusive contact must cease immediately. Oh, and then where it says here, Not only has Mr. Shover advised you to avoid all unnecessary contact, but the police department has also verbally warned you regarding your unstable and erratic behavior, which I took great offense to that, because the police did not warn me of that. 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And it says, If you do something else again, they are going to file a P.F.A. against you. Is that what it says? Or they are going to take action. A Yeah, it just said file trespassing charges against you, as well as an action for harassment. Q Oh, okay. But -- and then you had the August 16th incident. Right? A Um. Q After that letter there was the August 16th incident; is that right? A Right. But I didn't know about this letter until the 20th. Q You didn't get it until the 20th, did you? A Right. Q During this vacation time period, were you contacted by Lauren at all other than phone calls? A Yes, I was. Q Okay. MR. ABRAHAM: If I can approach again, Your Honor. THE COURT: Okay. BY MR. ABRAHAM: Q I want to show you what I will ask the court reporter to mark as R-6. Could you identify this for the Court, please? A Yes, this is a letter I got from my daughter that 78 ~~ 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 week. Q Let me just go through this with you address in the upper, left-hand corner? A 2095 Clarendon Street. Q Whose residence is that? A David's. Q All right. Now what is the date on there in the ,circle? A It is August 2001, although you can't see the Nate. Q When do you recall seeing this? A I believe probably by Wednesday. Q Which would have been which day? A It would have been the first. Q Okay. Was this during the vacation week again? A Yes, it was. Q All right. Let me turn your attention to the second page, if you will. Whose handwriting is that? A Lauren's. Q What does it say? A It says, I miss you, Mom. I love you and when you get this card -- and when -- wait a minute -- when you get this, give me a call. I love you. When you get this give me a call. I love you so much. Lauren. And she also wrote, P.S. Write back. What is the I 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what does it say at the top? What is the next page? Just identify that. A Oh, the next page is a little piece of paper that she had put in the card with kisses on it. Q Does that make you concerned about anything? A Very concerned. I called my mom up right away almost crying, worried about my daughter. Q Okay. And so you received that before -- before August 5th or 16th? A Yeah, I did. It was during that week. Q All right. .Michele, why do you think this P.F.A. Iwas filed? MR. SMIGEL: Objection. Speculation. It calls for a conclusion -- THE COURT: Overruled. MR. SMIGEL: -- it is not (INAUDIBLE) -- THE COURT: I would be interested to see what her speculation is. MR. SMIGEL: Fine. I will withdraw my objection. BY MR. ABRAHAM: Q I will ask you again, why do you think this P.F.A. was filed? A I believe that Dave must have some sort of motive to take the children away from me so that he no longer has to pay me support. I believe that that probably really irritates 80 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 him having to pay me support. I know what it was like living with him with his finances, and that is the only thing I can think of. I believe they are trying to present a case that they have a home. They are married. Teachers. The whole thing. That they have a much better home than I have. I have had comments made to me like this. And also the incident at the school for back-to-school night. I thought was very disrespectful towards me as the mother. Caroline had a parent pin on that classified her as a parent. She may be his wife, but that does not give her -- she is not the parent. And I was there for back-to-school night. And they were both sitting in her desk where you sit when you go to back-to-school night. And they were both sitting at her desk. They refused to move. Now, I would think that the most mature adult thing to do is when I show up, that they would dismiss themselves from the desk, and walk around the room. Check the rest of the room out. Talk to different parents. And they refused to get out of that seat. Q Were there desks assigned for each child -- A Yes. Q -- in this situation? A Yes. Q Is that why you were standing there all of that 81 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 time? It was your child's desk. A Yes. I stood there because I felt that this is -- I have gone to every back-to-school night for my children and (Dave hasn't. This was the first time he ever came to one. Q Okay. A And I was going to stay, you know, to be identified with my daughter for parents that didn't know me. I wasn't going to go sit in someone else's seat. MR. ABRAHAM: I have nothing further, Judge. THE COURT: Mr. McKnight, what is the status of your matter? MR. MCKNIGHT: We just need to speak to you for a couple of minutes, Your Honor. THE COURT: Okay. And this is the last witness (here? MR. SMIGEL: Yes. MR. ABRAHAM: Well, I have one witness. It will take five minutes. THE COURT: You just need a couple minutes from Ime? MR. MCKNIGHT: We think we can do it. THE COURT: In fairness to you, you've been here for an hour waiting for this to conclude. Get my attention and I will deal with you and finish this up. Go ahead. 82 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 s x. sMxcsz: Q This letter, R-6, did you know it was Caroline that suggested to do this? A No, I did not. Q Did you know that Dave is the one who helped her address it, to write to you while they were on vacation because he thought that that would be a good idea? A Do you mean when I got the letter? Q No. A Oh. Q That he helped Lauren prepare the letter. She is 10 years old. Right? A Right. Q If I told you that, and if I had them testify and you learned that, would this make it look a little different to you than you've testified. Would it be as alarming if they are the ones that suggested she write this to you? A I don't think, with past experience, that I would trust anything that they would say. So I would strictly go by my daughter. And as soon as I talked to my daughter, and she explained to me about sending the letter, then I was fine. But when I first got the letter, yes, I was alarmed. And I had reason to be. Q So your daughter told you it was Caroline's idea, 83 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 and Caroline and Dave both helped her send the letter and prepare it? A No, not Caroline and Dave. She told me Caroline showed her where the stuff was to put the stamp on it and so forth. Q And you knew that. You knew that before you testified today about it. Correct? A Um, yeah. When I asked -- of course, when Lauren came home I questioned her about the card. Q But you didn't say anything about that in your testimony. You knew that this was a letter that was sent to you by your daughter with your husband's assistance and with Carolyn's -- A No, I didn't know it was his assistance. I didn't know that it was Caroline's assistance. The only thing that I knew was that Caroline gave her the stuff to do this. Q Okay. Excuse me. I thought you just said that your daughter did tell you that Dave helped her with the letter. Didn't you just testified to that a minute ago? A No, I did not. Q What did you say? A I said that I didn't know of anything about Dave helping her, but that Caroline helped her, and helped her get the things that she needed to write the letter or to send the letter. 84 d b 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 And, yes, after I learned of that, and after I discussed it with my daughter, I understood. Okay. Thank ',you, Lauren. I appreciate you sending me that card. That was 'very nice of you. I don't need to be alarmed. But at the time of receiving the letter, yes, I was alarmed thinking that was her desperate attempt to contact me, being that I was not allowed to talk to her. Q That is what you thought. A Of course. Q She was desperately trying to contact you. A Yes, because I was not allowed to get through to them by phone. Q All right. A And I was not allowed to see them the night that I stopped by. Q All right. Let's talk about the time that you stopped by. I am looking at Respondent's Number 3. Let's see if 2 understand this. You got a call from your daughter. You played the tape. She is 10 years old and she was crying. It was 9:26, and from that call that we heard, that is what sent you into a panic to run over there? A No, it was the call at 10:00 that I talked to her on the phone in the car, on the cell phone. This I received when I got home. Q Just a minute. You talked to her then at 10:00. 85 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 10:06 you called there. A Yes. Q And you know that the bedtime there is 10? A No, I don't know that. It is summertime. Q Hold on. Your husband then talks to you on the phone and said, Everything is okay. She is just trying to stay up past her bedtime. It is under control. A Oh, he did not tell me that. That is not at all what was said. Q He told you everything was okay, didn't he? A No, he did not. Q What did he say? A He was angry for Lauren calling. He said it was his time, and then he said, um, -- he accused -- his conversation went immediately into accusing me of, What are you doing calling here and upsetting her. Q I didn't ask you that. I asked, Did he tell you .,everything was okay? A No, he did not. Q Okay. Then you, with your friends, who -- was it at a restaurant? A Yes. Q A bar? A Angelino's Restaurant. Q Were you drinking? 86 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 dinner. A No, I was not. Q Were the people you were with drinking? A They may have had a glass of wine with their Q You were at Angelino's, which is a bar and restaurant. A Yes, it is. Q And you all got in the car, and then drove over there like vigilantes, and you were ringing on the bell? MR. ABRAHAM: I will object to the form, Judge. THE COURT: I will tell the jury to disregard the word vigilantes. You can step down. I am going to take a brief break, and I will see counsel in chambers. (Whereupon, a break was taken at 3:28 p.m.) AFTER RECESS MR. SMIGEL: Do you want to retake the stand? THE WITNESS: Okay. (COMPLIED) BY MR. SMIGEL: Q Ms. Miele, you had a tape of some phone calls. Right? Would it surprise you to know that your ex-husband has every one of your telephone messages taped? A Oh, it would not surprise me at all. Q Would it surprise you also -- you said he is the one that keeps records -- that he keeps meticulous records of every single contact you had and quoting you. Would that 87 de 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 (surprise you? A No. Q Okay. Would you -- is there some reason why when you wanted to call him, you would call at 12:24 a.m.? A I don't ever remember calling at 12:24 a.m. Q Did you remember calling at 3:45 a.m.? A No, I do not. Q So if we have records of that, and he would testify, would you say he was wrong or you just don't recall? A Yes, I would say he was wrong. I -- Q Okay. And if we found the tape here, showed it was 3:45, that would be wrong also? A 3:45 a.m.? Q Yeah. A And it is on the tape? Q Yeah. And that would be wrong also? A I guess -- I don't know. I don't know. I mean, what was the date of this? Was this recent? Was this since the P.F.A.? Q Did you ever call him? No, before the P.F.A. Not since. Before the P.F.A. Isn't it true that you would call after midnight? A I may have a long time ago. I mean, when we were first getting divorced. Q No, I am talking about within the period of since 88 t 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 they were married. A Oh, no. Oh, no, not at all. Q Would you disagree -- A If that is the case, it could have been one of my children, because it wasn't me. Q It could have been one of the children. A Maybe. Q And the message on the machine with your voice (could have been -- I will withdraw it. You were -- did you call the house ever 13 times in one day? A Yes, I probably did. Q Don't you think that is excessive? A No, not when I am concerned about my children, and he will not let me talk to them. I call and there is no answer. I call and I leave a message. I call and there is no answer. I never got through. Q Wouldn't it be -- strike that. Is it also correct that on the first week of their vacation, not the highlighted area on their exhibit 1, that you called also many times during that previous week. During July the 22nd, that week? A Um, I don't remember. I normally call my kids on a regular basis, yes, I do. Q And even after you were asked not to do that, not to keep calling, you still think that you have a right to call whenever you want? 89 ~. ~+ - d 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 A Not to call by whom? Q By your husband, by Caroline, by the police, by my letters, by previous counsel's letters. You still think you can call whenever you want. A The only letter that I received from you would be this August 15th. The letters -- that would be the only time I was told about that at that point. Q And you still called after that whenever you want. Right? A I called because I am going to talk to my children. Q Right. A Okay? And that was after the 28th situation that happened in July. Q And the letter from Mr. Wass that told you to stop the calls, you disregarded that also. Right? A I don't recall that letter. Q Okay. Now, are you telling the Court here, under oath, that the two times that the police contacted you, they never said to you, you shouldn't make those calls? Is that what you are telling us? A Yes, I am. Q So if the police officers were to be here under oath and say that they told you to stop calling -- A They did not comment on anything because this is 90 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 not a police matter. This was a legal matter. And in order for me to find out any information that I needed to know about whether I am allowed or not allowed to call my children, would have to be taken up with the attorney and not with them. They did not make comment on what I was allowed and what I am not allowed to do. Q So why did they call you? Just to have a conversation? A Just to let me know that David made this report. That this report has been made on you. We are obligated to call and find out what happened. Please tell us your side of the story. My question would be, Why didn't he ever have the police come while I was still there? Q Well, I am glad you are asking the questions, but right now it is my turn. A Okay. Q And maybe your lawyer would ask you the question. A Okay. Q So I am -- I wrote down what you said about this August 16th incident. You said you were angry. You were iirritated at the way that they -- their attitude towards you. Its that what you said? A Yes, I was irritated. Q You were angry; is that right? A No, I wasn't angry. 91 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You used the word, I was angry. I was irritated at the way -- their behavior and I was angry. Were you angry at other times when you went over there? A No, I have never acted in the allegations that they are saying. Igo to deal with my children. I get irritated that they -- that both of them are as rude as they are to me, when there is no reason for that. Q Okay. You also said, in answer to your attorney's questions, that you felt they are pushing you out of the .picture, and you are not going to allow that to happen; isn't that right? A Yes. Q And that is why you go there regardless of the ,warnings to not? A No, that is not why I go there. That is not at all why I go there. I have no intention or no need to talk to either one of them. The only time I have gone there is to pick up the children and pick up the clothes. Q And you have never gone there when the children weren't there and banged on the door? A No, not that I remember. Q On August the 16th when your attorney asked you whether or not you went and pushed that door open, I wrote down your answer, I do not remember that. Are you saying you were so angry you don't remember what you did or you just 92 d 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 don't remember? A I am saying that I don't sit and think about every detail about what is going on because I know that I am innocently there for my children and their clothing. Could you please give me their clothing. I was a little irritated they were as late as they were with no phone call to me, and also they just proceeded into the house without talking to me, showing any kind of, you know, Hey, look. Sorry we are late. They just slammed the door on my face. Q And that made you angry. A No, it doesn't make me angry. It makes me irritated that people have to behave that way. Q Okay. Now you came back on the 29th, after the incident of the 28th, which had your children upset, which had your husband upset, which had him threatening to call the police, and him telling you in no uncertain terms to not come over there when the children are in his custody. And the next day you go back again, and there is another incident. Why would you go back again after being informed by him he did not want you to come back when his custody was in place? A First of all it wasn't the next day. Q Well, the 29th is the day after the 28th, isn't lit? 93 E~ 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 A Yes. It was not Sunday, it was possibly Monday. Q When your lawyer asked you the question, you went back on July the 29th. It was after the Saturday night incident. Why would you do that? Whether it was the next day or within a few days? Why would you do that after you were told not to go? A Because my children -- Q Let me finish the question, please. A Okay. Q You knew that it upset the children, and you knew that he did not want you there, and was threatening even to call the police. Doesn't anything make you realize that you are not permitted to just go there whenever you want and behave in any way that you want because you are irritated? A I was not behaving out of line. They are my children, and I was concerned about their safety, and their emotional state, and where they were at. I only stopped by that day because I had a couple messages for Jonathan that I knew I was not going to be able to get to them. So I stopped by to give him those messages because my priority in life is my children. What they do. Their daily plans. Their activities. I don't care about what Dave or Caroline are doing. I don't stop there to bother them. Q Couldn't you have left message for your child on 94 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 the tape? A They don't have a tape. They have it in the phone. And the children cannot hear that. Q But you wanted to leave a message. So if you went there and conveyed the message to your husband, that is the same as leaving it on his tape, wouldn't it be, or his voice mail? Couldn't you have left the message that way without going there? A Yes, but they weren't answering the phone, and I knew that they wouldn't give him that message. Also, the fact is -- Q Couldn't you have sent him an E-mail? A No, he blocked me from his E-mail a long time ago. Q All right. Now, just a minute. Let's go back to the night of the 28th, when you came over there in a panic ,after being out to dinner with your friends at Angelino's. You called there after your daughter called you at 9:26. Correct? I A No, that is incorrect. Q Did your daughter called you at 9:26? Is that your testimony? A No, it is not. Q When did she call you? A She called me at 10:06. Q Okay. 10:06. But the tape that you played was 95 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 9:26 -- A Exactly. Q -- when she was crying. Okay. So she called you at 9:26, didn't she? A At home, yes, she did. Q Okay. Okay. And she was crying. And then she called you again at 10:06. Now, we stopped at this place before when the judge took a break. Her bedtime is 10:00, isn't it? A I don't know. Q Okay. She is 10 years old? A Yes, she is. Q And she was crying and she was with her dad. Correct? A Yes. Q Okay. And then at 10:10 you called back. A Yes, I did. Q And then at 10:32 you called again. A Yes, I did. Q And then you ran over there and -- A No, that is not how that happened. Q Okay. Then let me rephrase it. You drove over there in haste, in eight minutes from the East Shore. A At that hour of the evening there is not that much (traffic. 96 1 2 3 4 5 6 7 8 9 10 11 1z 13 14 15 16 17 is 19 20 21 22 23 24 25 Q Okay. And you continuously rang the bell to gain entrance; is that right? A No, it is not. Q You did it -- how would you phrase it? A I would phrase it that she called me at 10 -- Q No, no, did you continuously ring the bell to get in there? A No, I did not. Q All right. How do you describe it? A I rang the doorbell. I got no response. I rang the doorbell. He came out. He went back in. I waited. I rang the doorbell. Q He came out and told you to go away, didn't he? A Yes, he did. Q And why didn't you go away? A What right does he have to tell me to go away? Q To go away from his home? MR. ABRAHAM: I would ask that she be allowed to answer the question. MR. SMIGEL: I'm sorry to interrupt you. THE WITNESS: Excuse me. They are my children, and they are extremely upset. They have been upset for months. This is not one incident. BY MR. SMIGEL: Q Isn't it the fact that you were there creating a 97 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 '.big commotion that upset them further? A I did not intend to cause a commotion. He could have simply -- Q But you did, didn't you? A It caused a commotion. I believe that it should be stated that he -- Q Then why didn't you leave? A Excuse me. MR. ABRAHAM: I would again -- MR. SMIGEL: Excuse me. MR. ABRAHAM: -- ask that she be allowed to answer Ihim. THE WITNESS: He -- MR. SMIGEL: I understand but she is over -- THE WITNESS: Excuse me. BY MR. SMIGEL: Q Listen. Let me -- I don't mean to be rude to you, but why didn't you leave when you knew you were creating a commotion, and you were asked to leave his home? Why didn't you just leave? A What I should have done, sir, was call the police. I Q Why didn't you leave? That is the question. A Because my children's safety was a concern for them. I have had many reasons to believe that, and I should have called the police so that I could see my children before 98 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 had to leave that evening. Q And this was not the first time you were concerned about their safety, is that your testimony? A Yes. Q Then why didn't you do something about it rather than continuously going -- A Because I like to try to believe in the best, and I also do not keep every little documentation of every little thing because, you know, I try to talk to my children and help them get through certain things. When this finally happened again, I thought, I am going to go over there. This is a late hour of the evening. She is very upset. I want to go over and see here. If there is nothing going on, then he should have simply let me see my daughter, and it would have been the end of it. Q And you believe that because that is your opinion as to what he should have done during the time that he has uninterrupted custody, that that's what he should have done. And if you are permitted, then, to go to his home, after you've been told by him, by his first attorney, his second attorney and by the police, that you should not be there. A At this point I was not -- Q Just answer that question. A I am. Q Just answer that question. You think that is okay 99 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 to do that. A Yes. Now can I elaborate? Q Now, without the judge ordering you to stop calling and ordering you to not go there, will you continue to go there whenever you think it is appropriate for your children, for you to just go there? A If my children -- MR. ABRAHAM: I am going to object to that as (speculation. THE COURT: The objection is overruled. We have to do something about this situation. She is way off base. The non-custodial parent simply does not go over to the home of the custodial parent to check up on her children. That isn't done. Now what is your explanation for that strange behavior? What is your explanation? THE WITNESS: My explanation is that my children have been extremely upset, and they've had at different times they've told me about that they've cried, and didn't want to be at their dad's. So when I got this phone call, you know, I was concerned. So I wanted to go over -- THE COURT: So your view is that every time they call you and say that they don't want to be at their dad's, that is your right to go over to his house? Is that what you are telling me? ~, 100 f 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 THE WITNESS: It is not a matter of a right. She was upset, and I just wanted to go -- THE COURT: Anything else about this case? MR. SMIGEL: No, Your Honor. THE COURT: All right. You can step down. I am going to give you a chance to make closing statements, and I will even hear further testimony. But I think I have a feel for this situation. There is a great deal of mistrust here that is leading to a deterioration of communication between the parties, and'-.that is not good for Lauren and Jonathan. As I have just pointed out, in my opinion I think ,the mother has a very unorthodox approach to interfering in the life of her ex-husband and his new wife, which cannot be tolerated. That is not the issue before me today. The issue is whether abuse has been committed under the P.F.A. Act, and there is a big difference between abuse and harassment. And I don't know really whether or not I can take seriously any contention that they feel physical harm from this behavior. I am just thinking out loud. But what I would do if I don't issue a P.F.A., Mr. Smigel, is entertain a petition in the context of the custody action, and we can incorporate the testimony of this hearing, and perhaps have an opportunity to be re-heard on this issue, to establish sensible perimeters concerning 101 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 (telephone contact, and just showing up at the house of the custodial parent. It just makes no sense. As a venture of over statement, it is irrational. So that is where I am on this, and I plan to take the matter under advisement, and go back and study the P.F.A. statute. But I think that this is probably not of use within the meaning of that statute. And if I hand down such an order, you know where to go from there. MR. SMIGEL: Understood. THE COURT: Would you like to offer any more testimony or make any statements in light of my comment? MR. ABRAHAM: Well, along with Mr. Smigel as well, that lack of a better term, that is where I am coming from. I do have one witness who would testify as to her behavior on the July 28th incident, and from an offer of proof standpoint she acted calmly. It would just corroborate what she had to say. That is our position, basically, Your Honor. It doesn't rise to the level placing another in reasonable fear of imminent serious bodily injury or a course of conduct which would place a person in reasonable fear of bodily injury. And I agree there should be some custody provisions in here for a silent exchange, no disparaging remarks, those types of things under a custody order, but it doesn't rise to the level of abuse under the act. 102 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 THE COURT: Well, and perhaps we might even be able to work that out. In light of some sense of knowing where I am coming from, anyway, if that is helpful. MR. ABRAHAM: Without a finding of abuse. THE COURT: Okay. MR. SMIGEL: If I may, Your Honor. THE COURT: Sure. MR. SMIGEL: I appreciate that, and I certainly, I ,completely understand. And before bringing this action I scratched my head to try to come up with, What exactly should we do? I am not saying I know the facts better than the witnesses, but I do know that I advised them to communicate with the police. And I do know from what they've told me, that when the police called her on two occasions, that at least from our position, that he would get back and testify .again, they told her not to call. And 10 minutes after that 'she would call again. That is not the point. The point is under the P.F.A. statute, and I know you will look at that. THE COURT: I will look at it. MR. SMIGEL: There is this course of conduct which !,shows this escalation and this absolute obdurate, completely, I will say, irrational behavior which will not be curbed, no matter what happens. A letter from one lawyer. A letter from 103 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 two lawyers. Communication with the police. Threatening. It does not matter. Something has to be done, and maybe it is a custody order which has the force and effect of the Court. But in my opinion, the continuing pattern of behavior, which is continual of both telephone calls, which is harassing, the coming to the house with the children and without the children, which places them in fear. And the drive by, which is the stalking. I think gives rise to the P.F.A., but that is up to the Court. I will just end with one observation. This is a 10-year old little girl and a 12-year-old boy, who are the victims as the fulcrum in this pathetic seesaw. Lauren made those name tags. That would have been my closing. She said she wanted all of the people who are parenting her to be there. And she said, I love you all. It is a shame that there has to be this disgraceful display at the home, at their home when they have the children, because of her insecurity that she is going to be pushed out of the picture. Something must be done. THE COURT: I understand your position, and share the same goal. I think we need to be concerned for these two kids. They are the most important people in the scenario. MR. SMIGEL: Correct. THE COURT: Okay. May I have all of the exhibits. I have Petitioners Exhibits with the original stickers on 104 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 them, but I don't think I have the original exhibits of the Respondent. MR. SMIGEL: Could I ask the Court to indulge one more minute. I am going to make a request. We are going to leave here, and he is going to have custody of the children tonight. This is his weekend. If the Court could just give us some indication maybe by communicating with counsel or the parties, and particularly with Mrs. Miele, that this can't -- we don't want another incident. I don't want to have to file something else. ,There is a P.F.A. in place, and the testimony shows that there were five contacts after that. I just want to make sure that Mrs. Miele understands what the effect of this temporary order which is still in place means. THE COURT: What I am going to do then is not hand down an order of P.F.A. until Monday, so there is no confusion. MR. SMIGEL: Very good. THE COURT: The protection from abuse act temporary protective order is in effect. However, I will enter -- I think I need to modify it to delete the prohibition for any contact. MR. SMIGEL: Understood. THE COURT: Just so we are clear about that. The 105 ~~ 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 temporary protective order of -- was it August 29th, 2001, is modified to permit the contact between the parties for the sole purpose of the exchange of custody of the children. And for no other reason at no other time a violation of this order to be enforced by the Court's contempt powers, which could include fine and imprisonment. Anything else? MR. SMIGEL: No, Your Honor. Thank you very much. MR. ABRAHAM: No, Your Honor. (Whereupon the proceedings adjourned at 4:04 p.m.) 106 d 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE 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 the same. K~ - ~-. rraine K. Troutman, RPR The foregoing record of the proceedings on the hearing 'of the within matter is hereby approved and directed to be filed. /2- ~Y- a i Date A. Hess, J. Judicial District 107 ~~r ,:~~. g t ~`~~ ~ ~ ~~ ' . . ~,.. f' r ii ~d .r 2~'~~ i ~.. ~i ..1.~~~ l ~ro~ /~~ ~~