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HomeMy WebLinkAbout99-03425 v Q Z n)O? I -'y r?.. 's TINA WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3425 CIVIL TERM RODERICK KECK, Defendant/Petitioner PROTECTION FROM ABUSE & CUSTODY IN RE: INTERIM ORDER ORDER OF COURT AND NOW, this 17th day of June, 1999, upon consideration of Plaintiff's Petition for Protection from Abuse and Custody and of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a hearing commenced on this date but not completed, an additional period of hearing is scheduled for Friday, July 9, 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the hearing on July 9, 1999, the Temporary Protection From Abuse Order dated June 7, 1999, shall remain in full force and effect; provided, that contact shall be permitted between the parties with respect to their child., Pending the hearing, the custody order dated June 30, 1997, shall also remain in full force and effect; provided, that the father shall have physical custody of the parties' child, Kerri Keck (date of birth September 28, 1996) from today's date until June 29, 1999, and the mother shall have physical custody of the child from June 29, 1999, until the date of the hearing. The exchange of custody on June 29, 1999, shall be at a midpoint between the parties' residences at a time and place mutually agreed upon. By the Court, vtf. Wesley r, Jr. J. J+ Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Judson B. Perry, Certified Legal Intern Donald Marritz, Esquire Family Law Clinic Attorneys for Defendant Sheriff isrs TINA WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3425 CIVIL TERM RODERICK KECK, Defendant/Petitioner PROTECTION FROM ABUSE & CUSTODY IN RE: INTERIM ORDER ORDER OF COURT AND NOW, this 17th day of June, 1999, upon consideration of Plaintiff's Petition for Protection from Abuse and Custody and of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a hearing commenced on this date but not completed, an additional period of hearing is scheduled for Friday, July 9, 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the hearing on July 9, 1999, the Temporary Protection From Abuse Order dated June 7, 1999, shall remain in full force and effect; provided, that contact shall be permitted between the parties with respect to their child. Pending the hearing, the custody order dated June 30, 1997, shall also remain in full force and effect; provided, that the father shall have physical custody of the parties' child, Kerri Keck (date of birth September 28, 1996) from today's date until June 29, 1999, and the mother shall have physical custody of the child from June 29, 1999, until the date of the hearing. The exchange of custody on June 29, 1999, shall be at a midpoint between the parties' residences at a time and place mutually agreed upon. By the Court, Wesiey?O r, Jr. J. L y Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Judson B. Perry, Certified Legal Intern Donald Marritz, Esquire Family Law Clinic Attorneys for Defendant Sheriff srs ,?5 r nue CLaurt of 1hra-m-gWania t'-bble pis#rict JOAN L. STEHULAK. ESQUIRE 434 MAIN CAPITOL BUILDING DEPUTY PROTHONOTARY P,O. BOX 624 SHIRLEY BAILEY HARRISBURG. PENNSYLVANIA 17108 CHIEF CLERK (7171 767.61 B I January 25, 1999 httP;1tw".000rB4t4t64aw REGISTRATION UNDER RULES 321 & 322 (PENNSYLVANIA BAR ADMISSION RULES) OF ELIGIBLE LAMP STUDENT Judson B. Perry 242 S. Hanover St. Apt. 3 Carlisle, PA 17013 TO THE APPROVED. SUPERVISING ATTORNEY: Professor Robert Rains Professor Thomas Place Donald Marritz, Esquire Family Law Clinic The Dickinson School of Law The Pennsylvania State University 45 N. Pitt St. Carlisle, PA 17013 The above-named law student has been approved and certified under Pa. B..A.R. 321 & 322 by: Harvey A. Feldman, Associate Dean The Dickson School of Law The Pennsylvania State University 150 South College Street Carlisle, PA 17013-2899 as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, is of good character, has been adequately trained and is of competent legal ability to perform as a legal intern as of 01/25/99. Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 & 322, the above student has been registered and you have been approved to perform the duties of supervising attorney. --WITNESS my signature and the seal of this Court, January 25, 1999. 9.JoanL.Ste u a squire Deputy Prothonotary /lz T tech bi} -' sus. TINA WINDEMAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE RODERICK KECK, Defendant/Petitioner : NO. 99-3425 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER P.B.A.R. 322 I hereby consent to the appearance of Judson Perry, a Certified Legal Intern under the supervision of an attorney, in the above-entitled Protection from Abuse proceeding before the honorable J. Wesley Oler, Jr., at 8:30 a.m. on Thursday, June 17, 1999. Date ? -1L_ 9g_ L= Lul"/_ Roderick Keck As the supervising attorney for Judson Perry, certified under P.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. Date (? - /G- 99 1)41 e--- THOMAS M. PEACE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ROBERT E. RAINS Supervising Attorney DONALD MARRTTZ Staff Attorney TINA WINDEMAKER, Plaintiff/Respondent V. RODERICK KECK, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 97-2143 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER P B A R 322 I hereby consent to the appearance of Judson Perry, a Certified Legal Intern under the supervision of an attorney, in the above-entitled custody proceeding before the Honorable J. Wesley Oler, Jr., at 8:30 a.m. on Thursday, June 17, 1999. Date 6 - /? ` cl 9 Roderick Keck As the supervising attorney for Judson Perry, certified under P.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. Date la - l? S9 ti TH MAS M. PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ?t" tf 1., ),T ^w Cr U L ' ? \ub v ) W a rn a ? z a. O E. W t4 z cu 0] a W +i W w n b n 00 W E ry '?+7. C. W W.N b E V w z U U y 43 H x O O 4 C >~ H .tl r > O ff, a wU0 za > Wp U Q z W P s r -4 z H x -? m J urAQ z °zW x w a ? a " H m i c x 01 t o Ew o It Q O 2 a H O H P. E % z TINA J. WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, Vs. NO. 99- 3 y,Z y CIVIL TERM RODERICK KECK, CIVIL ACTION - LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 TINA J. WINDEMAKER, Plaintiff Vs. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 99- -3y.2 s CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this r7 '"day of C c , 1999, upon presentation and consideration of the within Petition, a hearing shall be held on this matter on the ?7/4 day of 1999 at a.m p.m. in Court Room # Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, "OT 59 JUi,' -d N S: 20 cuv 'i. i i TINA J. WINDEMAKER, Plaintiff Vs. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 99- 3y-?Z CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT TEMPORARY PROTECTIVE ORDER AND NOW, this_q4? dayof T Lo nc 1999, at ioDJM./P.M., upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, TINA J. WINDEMAKER is in immediate and present danger of abuse from the Defendant, RODERICK KECK, the following Temporary Order is entered. The Defendant, RODERICK KECK, is hereby enjoined from abusing the Plaintiff, TINA J. WINDEMAKER, or placing her in fear of abuse. The Defendant is ordered to refrain from having any direct or indirect contact with the said Plaintiff including, but not limited to, restraining the Defendant from entering said Plaintiffs residence or place of work and from harassing the Plaintiff. o rane em €-the-parttesehi The Defendant is enjoined from harassing and stalking the Plaintiff. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the 1 day of ?Lo c-, 1999, at ?S'• 3 A.MAW, in Courtroom No. ! , Cumberland County Courthouse, Carlisle, Pennsylvania. Service may be accomplished under any applicable rule of Civil Procedure. The appropriate Police Department will be provided with a copy of this Order by attorney for Plaintiffs. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. A violation of this Order may subject the Defendant to: 1) arrest under 23 Pa. C.S. §6113.1; li) a private criminal complaint under 23 Pa. C.S. § 6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. § 6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. § 6114.1. Resumption of co-residence on the part of the Plaintiff and Defendant shall not nullify the provisions of the court order. By the Court, FlEt 09 irp -ii Aii 9: 2! CUh:ic:_:i n: JIM TINA J. WINDEMAKER, Plaintiff Vs. RODERICK KECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 99- 3 Y,-2 6' CIVIL TERM CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY AND NOW, this 1 day of June, 1999, comes the Plaintiff, Tina J. Windemaker, by and through her attorneys, O'Brien, Baric & Scherer, and petitions the Court as follows: 1. Plaintiff, Tina J. Windemaker, is an adult individual currently residing at 530 Harvey Street, Millen, Georgia 30442. 2. Defendant, Roderick Keck, is an adult individual residing at 322 East North Street, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant had lived as intimate partners at 322 East North Street, Carlisle, Pennsylvania, until actions by the Defendant caused the Plaintiff and her children to leave the shared residence. 4. The parties have one minor child, Kerri Catana Keck, DOB 9/28/96; and the Plaintiff has custody of Kerri's half-sister Brittany Nicole Singer, DOB 11/11/93. A: ABUSE 5. On April 10, 1999, the Defendant started an argument with the Plaintiff. He became enraged and threw her across the room and up against a wall. He trapped her against the wall and assaulted the Plaintiff and placed his hands on her throat and choked her stating that he was going to kill her. 6. On May 7, 1999, when the Plaintiff was late returning home the Defendant left a note on the door not to enter the home. The Plaintiff, concerned for her children, entered the home and slept on the couch. The Defendant woke the Plaintiff the following morning and demanded that she prepare breakfast. She refused and he told her to leave the home. When the Plaintiff went upstairs to gather things for herself and the children the Defendant , in an angry and violent manner and with a frying pan in his hand stated that if she did not leave immediately he would hit her with it. 7. On May 14 the Defendant the Plaintiff and the two children were returning home around midnight. The Defendant started an argument with the Plaintiff and drove into the downtown of Carlisle and ordered the Plaintiff and her five year old daughter Brittany out of the car. This along with the escalating violence and threats resulted in the Plaintiff taking her children and relocating to Georgia. On May 26, 1999 she received a phone call from the Defendant that if she returned to Carlisle she was as good as dead. The Defendant in the past has told the Plaintiff that if she ever left him he would kill her. The Defendant in the past has acted in a violent and threatening manner. He and his mother got into a fight, his mother owns the home where the parties resided, and the neighbors called the police because the Defendant threatened to blow up the house. The defendant was arrested and charged with terroristic threats but the charges were dropped when the mother would not testify. The Defendant has been charged with disorderly conduct as a result of fights he has started. Additionally the Defendant has a history of drug and alcohol problems and is currently scheduled for court on DUI and drug paraphernalia charges this month. 8. On other occasions, Defendant has threatened to kill the Plaintiff. 9. Plaintiff avers that Defendant repeatedly places her in fear of bodily injury. B: SUPPORT 10. The Defendant has a duty to support the plaintiff and the minor child. 11. The Plaintiff is need of financial support from the Defendant including, but not limited to: health insurance coverage and payment of un-reimbursed medical expenses for herself and the child and cash support. D: ATTORNEYS FEES 12. The Plaintiff asks that the Defendant be ordered to pay reasonable attorney fees to O'Brien, Baric & Scherer. E: CUSTODY 13. The Plaintiff seeks temporary custody of the minor child, Kerri Catana Keck born 9/28/96. 14. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the Plaintiff pending a hearing in this matter for reasons including: A. The Plaintiff is a responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the child since her birth. B. The Defendant has shown by his abuse of the Plaintiff, that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. § 6101 at seg., as amended, the Plaintiff prays this Honorable Court to grant the following relief: Grant a Temporary Order pursuant to the "Protection from Abuse Act:" A. Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. B. Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff including, but not limiters to, telephone and written communications. C. Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiffs relatives. D. Prohibiting the Defendant from entering and/or telephoning the Plaintiffs place of employment. E. Prohibiting the Defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the Plaintiff. to the Plaintiff. F. Granting temporary physical custody of Kerri Catana Keck G. Ordering the Defendant to pay support for the Plaintiff and child. 2. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year. Respectfully submitted, O'BRIEN, BARIC & SCHERER B Robert L. O'Brien, Esquire Attorney for Plaintiff LD. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 i i I verify that the statements made in the foregoing Petition for Protection from Abuse are correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. TINA J. WINDEMAKER Dated: (v r 3 C al I verify that the statements made in the foregoing Petition For Custody Modification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Tina I Windemaker DATE: r'1 TINA WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 99-3425 CIVIL TERM RODERICK KECK, Defendant PROTECTION FROM ABUSE & CUSTODY VOLUME I TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. WESLEY OLER, JR., J. Cumberland County Courthouse, Carlisle, Pennsylvania on Thursday, June 17, 1999 in Courtroom No. 1 APPEARANCES: ROBERT L. O'BRIEN, Esquire Attorney for Plaintiff JUDSON B. PERRY, Certified Legal Intern DONALD MARRITZ, Esquire Family Law Clinic Attorneys for Defendant VAYAWNWA 00 : n >?ti Q- lflf 66 INDEX TO WITNESS FOR THE PLAINTIFF DIRECT CROSS REDIRECT Tina Jean Windemaker 4 10 -- FOR THE DEFENDANT Roderick Gay Keck 23 31 37 INDEX TO EXHIBIT DEFENDANT'S EXHIBIT NO. MARKED ADMITTED 1 - Certification for legal intern 40 40 and consent by Defendant for representation by legal intern i 2 /'*,? r`? 1 THE COURT: This is the time and place for a 2 hearing on Defendant's Petition for Special Relief Pursuant 3 to Pa. R.C.P. 1915.13. We will let the record indicate that 4 the Plaintiff is present in court with her counsel, Robert L. 5 O'Brien, Esquire, and the Defendant is present in court 6 represented by the Family Law Clinic, in the person of Judson 7 B. Perry, certified legal intern, and Donald Marritz, 8 Esquire, is supervising him today. We have scheduled half an 9 hour for this hearing. I'm sorry it's such a short period of 10 time, but we are literally booked up into August of this 11 year. 12 MR. O'BRIEN: Pardon me, Your Honor. What 13 is this hearing? 14 THE COURT: I thought it was a hearing on a 15 Petition for Special Relief. 16 MR. O'BRIEN: This is a Petition for 17 Protection from Abuse scheduled for 8:30, Your Honor. 18 MR. PERRY: It is supposed to be a hearing 19 for both, Your Honor. 20 THE COURT: I see. That's true. There is 21 also a Petition for Protection from Abuse. So, there are 22 actually two issues in the case. We can at least start the 23 hearing today. Mr. Perry? 24 MR. PERRY: Your Honor, which hearing is 25 proceeding first, the PFA or the special relief? 3 r"1 r"1 1 THE COURT: I think the PFA was filed 2 first, if I'm no t mistaken, so we'll start with that. 3 MR. PERRY: Thank you, Your Honor. 4 THE COURT: Actually, we could do them both 5 at once. 6 MR. O'BRIEN: They are interrelated, 7 certainly, Your Honor. 8 THE COURT: We'll try to do that. We'll 9 hear evidence on both issues. 10 TINA JEAN WINDEMAKER 1.1 having b een duly sworn, testified as follows: 12 DIRECT EXAMINATION 13 BY MR. O'BRIEN: 14 Q State your name, please. 15 A Tina Jean Windemaker. 16 Q Tina, how old are you? 17 A Twenty-two. 18 Q Where are you living at the present time? 19 A 530 Harvey Street, Millon, Georgia. 20 Q How long have you been living at that 21 location? 22 A Roughly three weeks, three and a half weeks. 23 Q How many children do you have? 24 A Two. 25 Q What are their names and their ages? 4 e") r_ *1 1 A Brittany Singer, she's five, and Kerri Keck, 2 she's two. 3 THE COURT: Can we get their dates of 4 birth, please. 5 THE WITNESS: Brittany's is 11/11/93 and 6 Kerri's is September 28, 196 7 BY MR. O'BRIEN: 8 Q Now, the child that you have to Mr. Keck is 9 two years old, right? 10 A Yes. 11 Q Could you tell us about incidents that have 12 occurred between you and Mr. Keck that caused you to leave 13 the home where you were living with him? 14 A On May 14th, we had an argument, and he 15 threw me and my five-year-old out of the Bronco in the middle 16 of town. 17 Q What time of the day was that? 18 A Roughly around midnight. 19 THE COURT: Roughly around when? 20 THE WITNESS: Midnight. 21 THE COURT: May 14th of what year? 22 THE WITNESS: Ninety-nine. 23 BY MR. O'BRIEN: 24 Q And that was the last time that you lived in 25 the same house with Mr. Keck, is that right? 5 1 A Yes. 2 Q Who else lived in that home with you? 3 A My five-year-old and Rod's mother. 4 Q Who owns that home? 5 A His mother does. 6 Q How long had you and Mr. Keck and your 7 children lived with his mother? 8 A on and off for the past four years, roughly. 9 Q Was there a period of time when you and Mr. 10 Keck moved from his mother's home? 11 A Yes. We had -- him and his mother had an 12 argument, and he was arrested for terroristic threats, and we 13 had moved in with my mom. 14 Q Approximately how long did you remain at 15 your mother's home, then? 16 A From roughly November of 197 till Easter of 17 '98. 18 Q At that point, where did you move? 19 A At that time, Mr. Keck had moved out and 20 went to his grandmother's house, and I stayed at my mother's. 21 Q Has there ever been a time where you and 22 your children have not lived in someone else's home? 23 A No. 24 Q Is Mr. Keck employed? 25 A I couldn't tell you right now. I don't 6 r") 1 know. ("N 2 Q on May 14th, was he employed? 3 A No. 4 Q Are you employed? 5 A No. 6 Q Prior to his putting you out of the car with 7 your daughter on the street, had there been incidents where 8 he threatened you or assaulted you? 9 A Yes. 10 Q Can you tell us about those incidents? 11 A It was a couple weeks before that that we 12 had gotten into a fight, and he threw me and my five-year-old 13 out that day, too. It was a fight because I had stayed out 14 too long that night, and he left a note on the door just 15 telling me not to come back, which I did. I climbed through 16 the window and slept on the couch that night. 17 Then the next morning he had gotten up, and 18 we had gotten into an argument. I went upstairs, got my 19 shoes. I was sitting on the stairs downstairs, and I told 20 him I was leaving, and he told me to just get out. So, I 21 went upstairs to collect my stuff, and he came upstairs with 22 a frying pan in his hand and told me to get out or he was 23 going to hit me with it. So, I grabbed my five-year-old and 24 went to a friend's house. 25 Q How long did you stay away from the home 7 1 after that incident? 2 A I came back, roughly, I'd say, around 3:30 3 that afternoon. His mother called me and said that Rod 4 wanted to talk t o me. 5 Q Prior to that, were there other incidents? 6 A Yeah. There was another night.. I can't 7 remember the dat e. It was the week after Easter. We had 8 both gone to the bar on a Saturday night. We were both 9 drinking, and we had gotten into a fight that Saturday night 10 when he was chok ing me and throwing me around that night. 11 Q Tell us more specifically what he was doing. 12 A Well, he had me up against the wall by the 13 throat, and the last thing I remember is hitting the floor. 14 Q Has he ever threatened you? 15 A Oh, on numerous occasions. He told me that 16 if we ever broke up and I was seeing somebody else, he would 17 kill the person I was with or myself. 18 Q Since you moved to Georgia, has he 19 threatened you? 20 A Yes, sir. 21 Q Could you tell us about those? 22 A I had gotten a phone call one night and we 23 had talked. And I had called him back because he didn't want 24 to run the phone bill up, and he had told me that if I came 25 back to Pennsylv ania I was as good as dead. 8 r'"1 r1 1 THE COURT: When was that? 2 BY MR. O'BRIEN: 3 Q When was that? 4 A I'd say around the 18th of May. I had 5 gotten there that Monday -- so, no, about the 20th. 6 Q How far did you get through school? 7 A Tenth grade. 8 THE COURT: We have half an hour. I'm 9 afraid if we start getting into the education of the parties, 10 it may go on for quite a while. 11 BY MR. O'BRIEN: 12 Q Why are you down in Georgia now? 13 A Right now, I'm presently enrolled to go back 14 to school for my GED, and then I want to go back to school -15 for cooking. And I would like to get some business education 16 so I can eventually one day open my own restaurant. 17 Q Do you have any home or location that you 18 could live in Cumberland County at the present time? 19 A Not at this time, no. 20 Q The father of your five-year-old daughter, 21 Brittany, does he have any contact with her? 22 A None at all. 23 Q Do you have any intention or desire to 24 return to Mr. Keck's home? 25 A None at all. 9 r"1 1 MR. O'BRIEN: Your Honor, I have other 2 witnesses in regards to this protective matter. 3 THE COURT: I understand. 4 MR. O'BRIEN: I'll turn it over for 5 cross-examination at this point, but reserve the right to 6 recall her. 7 THE COURT: Let's see. Mr. Perry? 8 CROSS-EXAMINATION 9 BY MR. PERRY: 10 Q Ms. Windemaker, on the evening of May 14th 11 you stated that Rod kicked you out of the car, correct? 12 A Yes, sir. 13 Q Isn't it true that Rod asked you where you 14 wanted to go that evening? 15 A I told him I didn't have no place to go, and 16 he dropped me off in front of my grandmother's. 17 Q So, he did ask you if you wanted to go 18 somewhere specific, correct? 19 A Yeah, but he knew that 'I had nowhere else to 20 go. 21 Q And he dropped you off at your grandmother's 22 house, correct? 23 A Yes. My grandmother, she lives in front of 24 Thomas' Sewing Center. In order to get into her apartment, 25 you have to have somebody from the apartment upstairs unlock 10 1 the door. And at midnight, my grandmother is not up. 2 Q But he didn't just kick you out in the 3 middle of Carlisle, did he? 4 A Pretty much, yeah, because he knew I could 5 not get into the building, so, yeah. 6 Q Did you get in? 7 A No, I did not. 8 Q Where did you spend the night? 9 A At Nita Calaman's. 10 Q Is that a friend? 11 A She's related to my mother's husband. 12 Q Have you ever stayed there before or since 13 then? 14 A No. 15 Q You stated that on -- that evening, who was 16 with you? Was it Kerri? 17 A I had Brittany with me. 18 Q You only had Brittany with you? 19 A Yes. 20 Q Where was Kerri? i 21 A With her dad. 22 Q You stated that Brittany does not have 1 23 contact with her father. Is that by your choice? 24 A No, not at all. 25 Q You stated that you have nowhere to stay in 11 1 Carlisle? 2 A That's true. 3 Q Yet your father lives in Carlisle, correct? 4 A For one, my father is an alcoholic. He 5 lives with my grandmother in a two-bedroom apartment, and 6 it's not appropriate for my two children. 7 Q But your grandmother does live in Carlisle, 8 as well, correct? 9 A She lives with my father. 10 Q You have a sister who lives in Perry County, 11 correct? 12 A Yes, in a two-bedroom trailer -- three 13 bedroom, sorry. She has two children. 14 Q You stayed at Juanita Calaman's house 15 before? 16 A Once. 17 Q So, you do have some friends and family in 18 the area then, correct? 19 A Yes. 20 Q You stated that you moved to Georgia and 21 you are working on getting your GED, correct? 22 A Yes, `sir. 23 Q Isn't it true that Pennsylvania has GED 24 programs, as well? 25 A Yes. 12 (0-, 1 Q You stated that around May 26th Rod called 2 you in Georgia, correct? 3 A Yes. 4 Q And you stated that he threatened to kill 5 you? 6 A Yes, if I would ever return to Pennsylvania. 7 Q Isn't it true that what Rod really called 8 you about that evening was to try to convince you to return 9 to Pennsylvania with his child so that he could have 10 visitation with his child? 11 A Yeah, that was one of the reasons, along 12 with plenty of others. 13 Q During the conversation, didn't Mr. Keck 14 offer to sell his truck and give you proceeds from the truck 15 so that you could find a place to live in Carlisle to set 16 yourself up? 17 A Yes. 18 Q So, Mr. Keck has offered to help you find a 19 place in Carlisle, isn't that correct? 20 A Yes, he has. 21 Q Isn't it true that your name came up on the 22 HUD housing list? 23 A My name was dropped from it when I did not 24 find a place in the time that was recommended. I think it 25 was ninety days. 13 rte, I Q Your name did come up on the list, though, 2 is that right? 3 A Yes. 4 Q When was that? 5 A I think the last day that I had to find a 6 place was March 6th. 7 Q So, basically, you rejected the HUD housing 8 by not finding anything, correct? 9 A Yes, but we were looking. 10 Q On April 10th, 1999, that's the only alleged 11 incident where you allege that Rod actually physically 12 touched you, correct? 13 A Yes. 14 Q Did you receive any bruises from that event? 15 A No, sir. 16 Q Did you receive medical attention from that 17 event? 18 A No. 19 Q Did you contact the police about that event? 20 A No. 21 Q Did you tell Ms. Fulton -- 22 A She was well aware of it. She grabbed ahold 23 of me when he was running out the front door, so, yeah, she 24 was well aware of the incident. 25 Q But you didn't -- did you tell her that Rod 14 r") \ 1 had choked you? 2 A She was standing in the hallway, so, yeah, 3 she knew about it. She saw the whole thing. 4 Q On the evening of the incident, you were 5 drinking, corr ect? 6 A Yes, we both were. 7 Q It was pretty late when you -- when this 8 occurred, corr ect? 9 A Oh, yeah, roughly 2:30, 3:00. 10 Q Isn't it true that that incident occurred 11 two months bef ore you filed your PFA? 12 A I just know it was the weekend after Easter. 13 Q You didn't allege this event until you had 14 already moved to Georgia, correct? 15 A There was other people that were aware of 16 it. 17 Q In the room where the alleged event 18 occurred, was there a lot of clutter on the floor or anything 19 like that, clo thes, anything? 20 A It was in the children's room, so, yeah, I'm 21 pretty sure th ere was. 22 Q Then Rod pushed you, didn't he? 23 A Yes. 24 Q When he pushed you, you landed in the 25 closet, right? 15 n 1 A Yeah. 2 Q Isn't it true that when Rod pushed you and 3 you landed in the closet, you actually stumbled over the 4 clutter on the floor and fell into the closet due to your own 5 intoxication? 6 A That could be possible, yes. 7 Q Was the closet full of clothes? 8 A Yes. 9 Q So your fall. into the closet was padded by 10 the bags of clothes possibly? 11 A Yes. 12 Q In your petition you stated that Rod pushed 13 you up against the wall and choked you, but you just 14 testified that he pushed you and fell into the closet. That 15 is a slightly different story than you are alleging in your 16 petition, isn't it? 17 A The first incident where he was choking me 18 started in my children's bedroom and then we went into our 19 bedroom where it continued. 20 Q When you filed your petition, you were aware 21 that Rod was upset about your leaving Pennsylvania and going 22 to Georgia with Kerri, weren't you? 23 A Yes. 24 Q In fact, when you filed your petition, you 25 had already moved to Georgia, right? 16 I A Yes. 2 Q And when you filed your petition, you were 3 aware that Rod was going to start some legal proceeding to 4 try to get custody of Kerri? 5 A Yes. 6 Q The incident which you alleged about the 7 frying pan, Rod never actually hit you with anything? 8 A No. g Q No, he didn't hit you. Okay. You stated 10 that he came upstairs? 11 A Yes. 12 Q With a frying pan? 13 A Yes. 14 Q Isn't it true that you were actually in an 15 adjoining room when he came -- when you allege that he had 16 the frying pan? 17 A Yeah. I had gone upstairs to get tampons 18 out of the bathroom, and that's when he followed me upstairs 13 and told me I wasn't taking nothing out of the house. 20 Q Isn't it true that morning that Rod had 21 asked you to make breakfast? 22 A Yes. 23 Q And you went into the kitchen and started 24 banging pots and pans around? 25 A No. When I had grabbed the small frying pan 17 1 out, I knocked another pan down, and that's when he started 2 yelling at me for making too much noise and everything else. 3 Q So he went into the kitchen to make his own 4 breakfast? 5 A Yes, and that's when he had the frying pan 6 in his hand. 7 Q Isn't it true at that time you said to Rod, 8 what are you going to do, hit me with that? 9 A No. At that time, I said, Rod, I am just 10 leaving. I went upstairs, grabbed my shoes. I came back 11 downstairs. I was sitting at the landing at the bottom of 12 the stairs putting my shoes on. He told me to just get out. 13 I went back upstairs to get stuff. He came upstairs with the 14 frying pan in his hand and told me I wasn't taking nothing 15 out of the house. 16 Q But you weren't hurt that day, were you? 17 A No, sir. 18 Q Isn't it true that you and Mr. Keck attended 19 the custody conciliation with Michael Bangs? 20 A Yes. 21 Q Isn't it true that you had legal counsel 22 with you at that conciliation? 23 A Legal Services, yes. 24 Q At that time you entered into a custody 25 agreement, correct? is 1 A Yes. 2 Q The agreement was entered as an order of 3 Court, right? 4 A Yes. 5 THE COURT: What are the terms of the 6 custody agreement? 7 MR. O'BRIEN: Your Honor, I'm going to 8 object to the relevance of a custody agreement which is being 9 reconsidered by this Court at this time. What happened two 10 years ago has no bearing. 11 MR. PERRY: Your Honor -- 12 THE COURT: I think it's admissible. Sorry 13 we have so little time for this, but I think it's proper 14 questioning since we are doing both issues at the same time. 15 BY MR. PERRY: 16 Q What are the terms of that custody 17 agreement? 18 THE COURT: I have that in front of me, so 19 I know what the terms are. 20 BY MR. PERRY: 21 Q Under the custody agreement, you and Mr. 22 Keck have shared legal custody, correct? 23 A Yes. 24 Q And yet in May of 1999, you moved to Georgia 25 with Kerri without informing Mr. Keck of your intention to do 19 P'1 1 so, correct? 2 A Yes. 3 Q You stated earlier that Mr. Keck has partial 4 physical custody of Kerri, correct? 5 A Yes. 6 Q Yet isn't it true that on Wednesday, May 19, 7 1999, you denied Mr. Keck his weeknight visitation with 8 Kerri? 9 A He knew where I was and it states in there 10 that father provides all transportation, so it's not like I 11 told him, no, you cannot have her. 12 Q Where were you then? 13 A In Georgia. 14 Q So, for his four-hour visitation he was to 15 drive 700 miles to Georgia?. 16 A I did it so he could have a weekend, yea. 17 Q Isn't it true that on Wednesda 18 26th Y, May the 1999, you denied Mr. Keck his weeknight visitation with 19 Kerri? 20 A Yes. 21 Q Isn't it true that on Wednesday, June 9, 1999, you denied Mr. Keck his weeknight visitation with 23 Kerri? 24 A 25 Q Yes. Isn't it true that on Saturday, June 12, 20 1 1999, you denied Mr. Keck his overnight weekend visitation 2 with Kerri? 3 A The last time he had had her it seemed that 4 I gave him from Saturday till Monday because of it being a 5 holiday Monday. We had talked, and he knew that I was 6 bringing her here for.Father's Day weekend. 7 Q Yet you did not allow Mr. Keck to have 8 visitation with Kerri -- 9 A He could have came and got her at any time. 10 Q -- on June the 12th. So, it's safe to say 11 that you haven't really been following the Court Order and 12 custody agreement, have you? 13 A I don't see I haven't, seeing as it states 14 father provides all transportation. He knew exactly where I 15 was. He has the phone number. He has the address. There 16 was no reason that he could not have came and got her. 17 Q Have you ever told Rod that you would give 18 up your custodial rights to Kerri to him? 19 A Oh, yeah, when he was threatening me. Yes. 20 Q Did you ever write Rod a note stating that 21 you would give up your custodial rights to Kerri? 22 A Because that's what he wanted me to do at 1 23 the time of a fight, yes. So to keep myself from being 24 injured or threatened, yeah, I did it. 25 Q But you didn't allege in your PFA that Rod 21 1 ever forced you to write a note or give up your custodial 2 rights to Kerri, did you? 3 R No, air. 4 THE COURT: I notice we have a police 5 officer here who has apparently been called to testify, also. 6 I would like to get his testimony in if we can. 7 MR. O'BRIEN: He's here to identify 8 records, Your Honor. If they'll stipulate, then he can be 9 released from the courtroom. 10 THE COURT: Mr. Perry? 11 MR. PERRY : Your Honor, we would dispute 12 the relevancy as to this, because it's an incident between 13 Rod Keck and his mother, and we don't see how it's really 14 relevant with any incident between Ms. Windemaker and Mr. 15 Keck. However, we would be willing to stipulate to the fact 16 that there was a charge but it was later dropped because the 17 mother refused to testify. 18 MR. O'BRIEN: If they won't stipulate, I'll 19 call the officer to the stand. We can identify the records 20 and work from that point forward. 21 THE COURT: Do you have any further 22 questions, Mr. Perry, of this witness? 23 MR. PERRY: Yes, Your Honor, I do. 24 THE COURT: Okay. I'll tell you what. I 25 would like to hear from your client. I'm going to have to 22 1 enter some kind of temporary order. The best I can do in the 2 short period of time left is to hear from both parties. So, 3 you may step down, and we'll hear from Mr. Keck. 4 RODERICK KECK 5 having been duly sworn, testified as follows: 6 DIRECT EXAMINATION 7 BY MR. PERRY: 8 Q Mr. Keck, have you ever hit -- 9 THE COURT: We need the full name and 10 address of Mr. Keck. 11 MR. PERRY: I'm sorry. 12 BY MR. PERRY: 13 Q Please state your name and address for the 14 record. 15 A Roderick Gay Keck, 322 East North Street, 16 Carlisle. 17 Q Thank you very much. With whom do you live? 18 A With my mom. 19 Q You have heard Ms. Windemaker testify that 20 on April 10th you choked her and pushed her up against the 21 wall and threat ened to kill her. Did those events occur? 22 A Not in that way. 23 Q What happened that evening? 24 A There was an argument. There was a 25 confrontation. It was more of a self-defense. She did 23 1 stumble into the closet. 2 Q So, did you choke her that evening? 3 A No, sir.. 4 Q Did you push her? 5 A Yes, in self-defense. 6 Q Did you push her with much force? 7 A No. 8 Q What do you mean by self-defense? 9 A She was pretty -- she was pretty drunk, and 10 she kept coming at me, and I wanted her away from me. I 11 wanted to leave the room. When she hit the floor, then I 12 left. She would n't stay away from me. She just had her 13 hands all over me. I did leave the -- as soon as she came 14 in, as soon as s he hit the floor, I left. 15 Q So, you just walked out of the room, then, 16 to get away from her? 17 A Yes. 18 THE COURT: Let me just interrupt- for a 19 second, if I mig ht. Officer, are you on duty now? 20 THE OFFICER: I'm on duty, but I'm on 21 semi-light duty, so I don't have a heavy schedule today. 22 THE COURT: Would you be available if we 23 called you? 24 THE OFFICER: Yes. 25 THE COURT: If my next case goes off and I 24 1 1 can continue this case, then we can hear from the officer, 2 but I don't s ee any reason to keep him here waiting. Is that 3 agreeable to counsel? 4 MR. O'BRIEN: That's fine, Your Honor. 5 MR. PERRY: That's fine, Your Honor. 6 THE COURT: You are excused for the moment. 7 Thank you. 8 BY MR. PERRY: 9 Q You just left the room, correct? 10 A Correct. 11 Q That was to get away from Tina? 12 A Yes. 13 Q Tina landed in the closet after she fell, 14 correct? 15 A Yes. 16 Q And was the closet full of bags of clothes? 17 A Bags of clothes and sleeping bags, stuffed 18 animals. 19 Q So, she landed on those items? 20 A Yes. 21 Q Did she appear hurt? 22 A No. 23 Q Did the police come to the house that 24 evening? 25 A No. 25 f"nt r.,1 1 Q To the best of your knowledge, did Tina seek 2 medical care? 3 A No. 4 Q Were there any visible bruises or anything 5 such as that on Tina? 6 A No. 7 Q On the evening of May the 7th, Tina stated 8 that you tried to lock her out of the house, is that correct? 9 A Correct. 10 Q Why did you do that? 11 A She was - she came home six hours late. 12 Q So, you were upset with her? 13 A I was upset. I was baby-sitting her other 14 daughter, and I didn't feel that was right. 15 Q So, the next morning, you woke up and asked 16 her -- and what happened? 17 A I asked her to make breakfast. She started r 18 slamming doors and cupboards. And I told her, hey, this is 19 not your house. Don't act like that in here. I said I would 20 do it myself. She was standing in the other room. As I 21 brought the frying pan out, she said, what are you going to 22 do, hit me with it? I said, you wish I would, and then you 23 would have an allegation to bring on me. I didn't want her 24 to leave the house that day. She did leave. I didn't want i. 25 her to. 26 ? r 1 Q Did you raise the -- 2 A No. T- did not, no. 3 Q You did not raise the frying pan? 4 A No. 5 Q Did you threaten her in any manner that 6 morning? 7 A No. 8 Q Did you chase after Tina with a frying pan? 9 A No. 10 Q Did you go upstairs with the frying pan? 11 A Not that I recall. 12 Q Did Tina appear scared during any of this 13 incident? 14 A She seemed more scared because of the night 15 before. She knew that when I got up I was still upset about 16 the night before because we had not talked about anything. 17 Q So, she was more upset -- 18 A Yeah, she was upset and didn't want to talk 19 to me about anything that happened the night before. 20 Q Were the police called to this incident? 21 A No. 22 Q Did Tina seek medical attention for anything 23 from this incident? 24 A No. 25 Q The n on May 14th you heard Ms. Windemaker 27 1 testify that you kicked her out of the car. Could you please 2 explain to the Court what occurred that evening? 3 A We had an argument. I told her our 4 relationship was over, that she wouldn't be allowed to stay 5 at the house anymore. I asked her where she would like to 6 go, to her sister's house, mom, dad's house. She stated she 7 wanted to go to her grandmother's house, so I did. I took 8 her in town, and I dropped her off in front of her 9 grandmother's door. 10 Q Have you ever threatened to kill Tina? 11 A No. 12 Q Have you ever hit Tina? 13 A No. 14 Q But have you gotten into arguments with 15 Tina? 16 A Yes. 17 Q But you have never abused Tina? 18 A No. 19 Q To your knowledge, after Tina's family moved 20 to Georgia, did Tina go down to Georgia to visit her family? 21 A No. 22 Q When did they move? 23 A It was the summer of 198, I believe. 24 Q Are you sure of the date? 25 A It was the summer of 197. It was a couple 28 eo) r) 1 of months after our previous -- 2 Q How old was Kerri at the time that Tina's 3 family move d? 4 A Approximately nine months old. 5 Q So, it's safe to say Kerri really doesn't 6 remember ever having lived with Tina's family? 7 A Correct. 8 Q How much contact before Tina's move to 9 Georgia has Kerri had with Tina's family? 10 A Maybe the first about five months of her 11 life. 12 Q But after the first five months of her 13 life -- 14 A Then she had no contact with them at all. 15 Q Has Kerri had a lot of contact with your 16 family? 17 A Yes. 1s Q And with what individuals from your family? 19 A My mom, my grandmother, my great 20 grandmother. 21 Q You and Tina lived a considerable amount of 22 time with your mother? 23 A Correct. 24 Q Is it safe to say that Ms. Fulton, Debra 25 Fulton, saw Kerri on a daily basis? 29 1 A Every day. 2 Q Did she spend a lot of time with Kerri, take 3 care of Kerri a lot? 4 A Yes, she took care of them, gave the girls 5 baths, read them books, took them to church every Sunday. 6 Q Did she play with them? 7 A Yes. 8 Q Did she feed them? 9 A Yes. 10 Q So, she spent a lot of time raising the 11 children? 12 A Yes. 13 THE COURT: I need to give Mr. O'Brien a 14 chance to cross- examine. Do you want to take three more 15 questions. 16 BY MR.' PERRY: 17 Q Has Tina told you if she has a job in 18 Georgia? 19 A She stated she was not seeking employment. 20 Q Has Tina informed you of how she plans to 211 effectuate your visitation if Kerri remains in Georgia? 22 A I have taken it as I have to drive to 23 Georgia to pick her up and take her back. 24 Q Did you offer to sell your truck and give 25 the proceeds to Ms. Windemaker so that she could find a place IJ;, 30 1 in Carlisle? 2 A Yes, I did. 3 Q Have you made any other efforts to help her 4 find a place to live in Carlisle? 5 MR. O'BRIEN: Your Honor, three questions. 6 THE COURT: That was the three questions. 7 8 9 10 11 12 13 Mr. O'Brien? BY MR. O'BRIEN: Q A BY MR. O'BRIEN: CROSS-EXAMINATION Mr. Keck, do you have a violent nature? Not unless I get upset. MR. PERRY: Objection, Your Honor. 14 4 And you get upset, don't you? 15 THE COURT:, On what grounds? 16 MR. PERRY: Character evidence is generally 17 inadmissible to prove that a person acted in conformity with 18 actions from their past at a present event. 19 MR. O'BRIEN: I believe it's highly 20 relevant if he has a violent nature, if I have evidence that 21 he has threatened people. It goes to bolster the incidents 22 as testified to. 23 THE COURT: You may ask if he has 24 threatened people within his household. I think that's 25 relevant. r 31 1 BY MR. O'BRIEN: 2 Q Have you threatened people within your 3 household, sir? 4 A Yes, I have. 5 Q Have you threatened to kill your mother? 6 A It wasn't -- I don't know if it was stated 7 exactly that way. It was -- we got our wires crossed at the 8 time. 9 Q Sir, have you threatened to kill your 10 mother? 11 A No. 12 Q So, if she testified otherwise, then she's 13 incorrect? 14 A It was a long time ago, and I'm not exactly 15 sure what was said at that very moment. 16 MR. PERRY: Once again, Your Honor, I'm 17 going to have to object. This alleged event occurred three 18 years ago. I was between Mr. Keck and his mother. It was 19 not between Mr. Keck and Ms. Windemaker. This is a hearing 20 on whether he abused Ms. Windemaker, not his relationship 21 with, his own mother. 22 MR. O'BRIEN: If I can't question this 23 witness without constantly having objections, we are not 24 going to move this case forward. 25 THE COURT: Do you have a response to that 32 1 objection? 2 MR. O'BRIEN: I'm not clear what the 3 objection is, Your Honor. 4 THE COURT: It's that the incident occurred 5 three years ago and was with the gentleman's mother. 6 MR. O'BRIEN: Yes, and it was in the 7 presence of my client and the three-year-old, where the 8 mother -- I'll quote from her statement -- 9 THE COURT: That's all right. You may ask 10 the question. 11 BY MR. O'BRIEN: 12 Q Have you been charged with assaulting other 13 people, sir? 14 A No. 15 Q So, a Mr. Grimm didn't have you charged by 16 the North Middleton Police? 17 A He had me charged. It was not my fault.. He 18 never showed up to testify, because I was the one that broke 19 up his fight. It was -- I had nothing to do with that. I 20 just happened to be there at the time. 21 Q Again -- 22 THE COURT: Are these members of the 23 household? I think that's relevant. I don't think his 24 entire past history is relevant. 25 BY MR. O'BRIEN: 33 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Does Tina have a driver's license? A No, sir. Q Does she have a motor vehicle? A No, not now. Q If she was transported, she would have to rely always on other people to get around, isn't that correct? A She's been doing just fine. She's been up and back twice, and she's been doing just fine. Q Now, you have put her out of your home; you said that she could no longer live there? A Correct. Q And the five-year-old daughter that had been living with the two of you was also put out on the street, is that correct? A No, that's not correct. Q Where was Brittany to go when her mother was forced out of your home? A Brittany was more than welcome to stay there until she could get her life on track, and she has made no attempt to do that in the past three years. Q Are you employed, sir? A Yes, I am. Q Where are you employed presently? A Carlisle Productions. 34 1 Q What hours do you work? 2 A Car show weekends. 3 Q Car show weekends? 4 A Yes. 5 Q How many weekends a year is that, sir? 6 A Well, for now, it will be another five, six 7 shows, until we get through this court system, which I can't 8 seek full-time employment right now. 9 Q You were employed full time in April of this 10 year? 11 A Yes. 12 Q You quit your job? 13 A Yes. 14 Q You have pending criminal charges for DUI 15 and possession of drug paraphernalia? 16 A I would like to plead the Fifth on that 17 question. It may hinder my case. 18 MR. PERRY: Your Honor, we would be willing 19 to stipulate that Mr. Keck does have charges pending. A 20 hearing is scheduled on August 16, 1999. He has pleaded not 21 guilty to these charges. He was awaiting his day in court on 22 these charges, and the children were riot with him at the time 23 of the charges. 24 THE COURT: That I don't know, whether they 25 were present or not, but you are willing to stipulate to the 35 1 charges, is that right? 2 MR. PERRY: Yes. 3 THE COURT: Okay. Mr. O'Brien? 4 BY MR. O'BRIEN: 5 Q Now, did you have much involvement with 6 raising Kerri? 7 A Yes, sir. 8 Q What did you do? 9 A I brought in the paycheck every week. I put 10 a roof over their head. I put food in their stomachs. I 11 gave them all the love and attention I could. 12 Q You testified that your mother has lived in 13 the home? 14 A Correct. 15 Q Has she lived there constantly? 16 A No, sir. 17 Q She was living with her boyfriend for a 18 period of time, is that correct? 19 A That's correct. 20 Q She only moved back in last November, is 21 that correct? 22 A Yes. 23 Q Your mother works full time, is that 24 correct, also? 25 A Correct. 36 r"'1 1 Q Was Tina working in the last half year? 2 A No. 3 Q Was she home caring for Kerri and Brittany? 4 A Yes. 5 Q So, you admit that the primary care of Kerri 6 was provided by Tina, the mother? 7 A Yeah. She was the primary baby-sitter. 8 MR. O'BRIEN: I have no other questions, 9 Your Honor. 10 THE COURT: Mr. Perry, anything further? it MR. PERRY: A few questions, Your Honor. 12 REDIRECT EXAMINATION 13 BY MR. PERRY: 14 Q Mr. Keck, would you be willing to assume 15 primary physical custody of Kerri today? 16 A Yes, sir. 17 Q Do you love Kerri? 18 A Very much. 19 Q Would you be able to support Kerri? 20 A Yes. 21 Q Do you plan on seeking full-time employment 22 in the near future? 23 A Yes, sir. 24 Q Doing what? 25 A Heavy equipment operator. 37 ? n 1 Q Do you have a license for that? 2 A Yes, sir. 3 Q You plan on going back into that field? 4 A Yes. 5 Q Your mother works, correct? 6 A Yes. 7 Q In the evenings, when she got off work, what 8 was the normal routine in the household? 9 A Before or after -- 10 THE COURT: I just don't have time for that 11 kind of question. It's certainly relevant, but I'm out of 12 time to hear that sort of evidence. Go ahead, Mr. Perry. 13 BY MR. PERRY: 14 Q Did Ms. Fulton spend a lot of time taking 15 care of Tina -- I mean of Kerri, excuse me? 16 A Yes. 17 Q Did Virginia Fulton, your grandmother, 18 Kerri's great grandmother, spend a lot of time with Kerri? 19 A Yes. 20 Q So, Kerri had a lot of interaction with her 21 grandmother and her great grandmother, correct? 22 A Yes. At the time that my mom was living 23 with her boyfriend, the girls did have overnight visits with 24 their grandmother, my mom. 25 Q At her boyfriend's house? 38 1 A Almost every weekend, every other weekend. 2 Q So, Ms. Fulton wasn't living with you and 3 Tina, but Kerri and Brittany still saw Debra Fulton a lot? 4 A Yes. 5 Q How often would you say they saw Virginia 6 Fulton, your grandmother? 7 A Once or twice a week. 8 Q You cared for Kerri a lot? 9 A Yes. 10 Q Did you bathe Kerri? 11 A Yes. 12 Q Did you play with Kerr-47 13 A Yes. 14 Q Did you read to Kerri? 15 MR. O'BRIEN: Objection, Your Honor. These 16 are all leading questions. 17 THE COURT: That's true. Sustained. 18 MR. PERRY: No further questions, Your 19 Honor. 20 THE COURT: Okay. Mr. O'Brien? 21 MR. O'BRIEN: I have Debra Fulton. I have 22 subpoenaed her to be here. I just wanted to read the 23 statement she wrote for the police about the incident in the 24 household where she was assaulted. 25 THE COURT: She's not on the stand now. Do 39 /"" 1 r"1 1 you have any further questions of this witness? 2 MR. O'BRIEN: No. 3 THE COURT: I'll tell you what, I'll see 4 counsel in chambers, and we'll enter a temporary order. 5 (A brief recess was taken.) 6 THE COURT: Does anybody mind if I make the 7 certification of legal internship and Mr. Keck's consent to 8 the representation by Mr. Perry part of the record? 9 (No response.) 10 THE COURT: We'll have that marked as Keck 1.1 Exhibit 1, and it is admitted. 12 (Keck Exhibit No. 1 was marked for 13 identification and admitted.) 14 THE COURT: We will let the record indicate 15 that the Court has reconvened in open session after meeting 16 with the representatives of the parties in chambers. We'll 17 enter this order, which will be called a temporary order -- 18 or let's say interim order. 19 (The following Order was entered by the 20 Court:) 21 AND NOW, this 17th day of June, 1999, upon 22 consideration of Plaintiff's Petition for Protection from 23 Abuse and Custody and of Defendant's Petition for Special 24 Relief Pursuant to Pa. R.C.P. 1915.13, and following a 25 hearing commenced on this date but not completed, an 40 r"1 1 additional period of hearing is scheduled for Friday, July 9, 2 1999, at 1:30 p.m., in Courtroom No. 1, Cumberland County 3 Courthouse, Carlisle, Pennsylvania. 4 Pending the hearing on July 9, 1999, the 5 Temporary Protection From Abuse Order dated June 7, 1999, 6 shall remain in full force and effect. Pending the hearing, 7 the custody order dated June 30, 1997, shall also remain in 8 full force and effect; provided, that the father shall have 9 physical custody of the parties' child, Kerri Keck (date of 10 birth September 28, 1996) from today's date until June 29, 11 1999, and the mother shall have physical custody of the child 12 from June 29, 1999, until the date of the hearing. The 13 exchange of custody on June 29, 1999, shall be at a midpoint 14 between the parties' residences at a time and place mutually 15 agreed upon. 16 THE COURT: Mr. O'Brien, is there anything 17 further you think should be in that interim order? 18 MR. O'BRIEN: No, Your Honor. 19 THE COURT: Mr. Perry? 20 MR. PERRY: Yes, Your Honor. In the PFA, 21 there is a no contact provision. We would like to see if we 22 could get that changed that Mr. Keck can contact Ms. 23 Windemaker concerning the care and custody of Kerri. 24 MR. O'BRIEN: That's fine, Your Honor. 25 THE COURT: So, where we have that the 41 t° (7 1 Protection From Abuse Order should remain in full force and 2 effect add, "provided that contact shall be permitted between 3 the parties with respect to their child." 4 Now, is th at satisfactory, Mr. O'Brien? 5 MR. O'BRIEN: Yes. 6 THE COURT: And Mr. Perry? 7 MR. PERRY: Yes, Your Honor. 8 THE COURT: Unless you can resolve it in 9 the meantime, we'll see you at the next hearing. 10 (Court was adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 rs n CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner ?- Official Stenographer The foregoing record of the proceedings on the hearing; of the within matter is hereby approved and directed to be filed. 1ti O Date /, 6 J. esley oler, r., J. 43 TINA WINDEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RODERICK KECK, CIVIL ACTION - LAW Defendant 4-3925 CIVIL TERM IN RE: PETITION FOR PROTECTION FROM ABUSE AND CUSTODY ORDER OF COURT AND NOW, this 9th day of July, 1999, upon consideration of Plaintiff's petition filed pursuant to the Protection from Abuse Act, and following a hearing held on June 17, 1999, and July 9, 1999, the petition is denied, and the temporary protective order dated June 7, 1999, is vacated. By the Court, i i Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff ?ar.yM?n?c?.'1I30?49. $•iP. Judson B. Perry, Certified Legal Intern Donald Marritz, Esquire Family Law Clinic Dickinson School of Law q5 NoY 'p,?} S',. _ ree 1•Cail--isle, PA 17013 -lt 1 e. t„ ) ' f . I ? 1. .. ? ?? u `? 0 m r _.