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HomeMy WebLinkAbout09-1351KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamO-koaelaw.com MARA FREEMAN, Plaintiff, vs. JARED REIBER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 : CIVIL ACTION - LAW : IN CUSTODY CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, MARA FREEMAN, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Custody: 1. The Plaintiff is MARA FREEMAN, an adult individual who currently resides at 321 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "Plaintiff' or "Mother"). 2. The Defendant is JARED REIBER, an adult individual who currently resides at 811 Samosset Road, Harrisburg, Dauphin County, Pennsylvania 17109 (hereinafter "Defendant" or "Father"). 3. Plaintiff seeks primary physical and shared legal custody of the following unemancipated male child: Tucker J. Reiber, born May 7, 2008 (hereinafter the "child"). The child currently resides with Mother at 321 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011. 1 4. The child was born out of wedlock. 5. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Mara Freeman 321 Deerfield Road Birth - Present Lee Freeman Camp Hill, PA 17011 Becky Freeman 6. The mother of the child is Mara Freeman, an adult individual who currently resides at 321 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011. She is single. 7. The father of the child is Jared Reiber, an adult individual who currently resides at 811 Samosset Road, Harrisburg, Dauphin County, Pennsylvania 17109. He is single. 8. The relationship of Plaintiff to the child is that of Mother. Besides the child, Mother currently resides with Lee and Becky Freeman, her parents and the child's maternal grandparents. 9. The relationship of Defendant to the child is that of Father. Father currently resides with a friend, Jeff Richie. 10. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 11. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 2 12. Mother is requesting shared legal and primary physical custody of the child. 13. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Mother has played the primary role in the raising of the child since his birth. As such the child is accustomed to constant contact with Mother, and Mother's family; (b) Mother currently resides in the same home as the child resided in at her birth. As such, by granting primary custody to Mother, the child is raised in an environment that will give him security and structure; (c) Defendant has not been a custodian to the child for more than a couple of hours at a time. Defendant has not been alone with the child, and is not accustomed to providing the child care; (d) Mother is able to provide a stable home and emotional environment for the child; and (e) Mother has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 3 WHEREFORE, Mother requests that this Honorable Court award Mother primary physical and shared legal custody of the child. Dated: Submitted, Esq. 4 I .Sent By: PA Farm Bureau; 7177313579; Feb-19-09 11:25AM; Page 7/10 i, Mara Freeman, the Plaintiff in this meow, have read the foregoing Complaint. I that my s wermeMs in this Comptemd me true and correct and bused upon my ial knowledge. I understand that any false'statsrnents herein are made s kod to nalties of 18 Pa. C.S. § 4804 relaft to unworn fafsiflcshions to au" or". MWa F 7 t 19, 1T1 a _: K F MARA FREEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JARED REIBER DEFENDANT 2009-1351 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 10, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 07, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MARA FREEMAN, Plaintiff, vs. JARED REIBER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P, : NO. 09-1351 : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes LESLEY J. BEAM, attorney for Mara Freeman, Plaintiff, and states that service of the Custody Complaint and Order and Directive in this matter was made by her upon Defendant, Jared Reiber, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 1350 0002 4778 8659, Return Receipt Requested on March 12, 2009, to his mailing address, at 811 Samosset Road, Harrisburg, PA 17109, which mail was received by Defendant on March 17, 2009, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. L. • . CD t cc USE it ru . -ml Fie -70 C3 ?J Fiegiisd) pC ' Posorrerlc lb"Ma °, 3 m Too fts"e s Fees sm. f °o e arPO&wft o% swa s d 7 L' b v-,-4 PA 1 0 Complete items 1, 2, and 3. Also. complete A. item 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse x 0 Ag so that we can return the card to you. ¦ Attach this card to the back of the mailplece, B. by (?") C. Cate of Deltveq or on the trout If space permits. I- ArWe Adtieeeed to: r Is d*m-wy hem 1? ? Yes I N YES, a olive 0 r tq Re.D ?Q- t M o se Rd 17 1009 3& "EIR mall t ?.. 1-7210 ?y Race" fot Momhandtse 1 0 Insured me 0 Q.o.C. 4. Restricted Delivery? aDma Fee) 2. Article Number ( xftmwrvtokA q 7004 1350 0002 4778 8659 Ps Form 3811, February 2004 Domestic Return Receipt 10¢5e5424&150 Shane R Kopec ¦ Jacob M Jividen, Esq. • ¦ Lesley J Beam, F9q ILI K 0 P E ASSOCIATES LAW OFFICES LL.G March 12 2009 VIA REGULAR AND CERTIFIED MAIL Jared Reiber 811 Samosset Road Harrisburg, PA 17109 Re: Freeman v. Reiber NO. 09-18551 in. Custo dy Dear Mr. Reiber, this office represents Mara Freeman Mann in the above referenced matter for custody. Enclosed and served upon you is the Complaint in Custody and the Order of Court scheduling the Pre- Hearing Custody Conference that has, been filed mi the above referenced matter. I am sending these papers to you directly because I have no information that you are represented by an attorney. Please be aware this custody hearing is scheduled for Tuesday, April 7 ,2009 at 8:30 am on the 4tb Floor of the Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA. Please adjust- your schedule accordingly- I am also enclosing an Acceptance of Service for this Complaint and Order. Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for thecertified -letter, this office will have to officially serve this Complaint by Sheriff at your place` of residence. If you have any questions, please feel free to contact this office.: But, please be aware that we cannot give you legal advice because we represent Ms. Freeman. Thank you for your kind attention to this matter. Sincerely, J ulie Wehnert , Paralegal Cc: Mara Freeman Smart Representation 466o Trindle Road ¦ Suite 201 a Camp Hill, PA i7ou P 717.761.7573 ¦ F 73-7.761-7572 ¦ kopelaw COM E s 1 i` Cj r.[ I? - ; ?• x?gq? r- .i7 ?ti E-) APR 0 7 ,zoogdl MARA FREEMAN, Plaintiff V. JARED REIBER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1351 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, thi consideration of the att, follows: E day of NA?,\ , 2009, upon onciliation Report, it is ordered and directed as ;d Custody Conciliation' 1. The Mod er, Mara Freeman and the Father, Jared Reiber, shall have shared legal custody of Tucker J. Reiber, born May 7, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his ealth, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but of limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such ecords or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participa ion in all educational and medical/treatment planning meetings and evaluations with re and to the minor child. Each parent shall be entitled to full and complete information frm any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school oreducational attendance records or report cards. Additionally, each parent shall be entitled receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother +all have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody of the child: A. Begi ing April 13, 2009 alternating Mondays from 7:15 a. in. to 5:00 p.m. B. Beginning April 17, 2009 alternating weekends from Friday at 6:00 p.m. to Monday at 5:00 p.m. C. Such other times as the parties agree. ANVAIASNN3d L 1 :g WV 6-- SJW 609 3OH-4t1--( 4. Holidays A. Easte custo alwa3 B. Than] Moth from P.M. i odd in numt C. Chris 12:0( B sha noon. odd n shall years D. Mem partic from E. Each sumn Who( be de 5. In the ev( hours, they shall notify t parent. 6. Transpor 7. Parents si discussion and approval 8. This Ori Custody Conciliation Cc by mutual consent. Intl control. , J. Beam, CC - eslie Xlexis M. Moni shall be shared such that Mother shall always have physical y of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. sgiving shall be shared and alternated between the parties. r shall have physical custody of the child in odd numbered years ?:00 a.m. to 3:00 p.m. and in even numbered years from 3:00 ) 9:00 p.m. Father shall have physical custody of the child in nnbered years from 3:00 p.m. to 9:00 p.m. and in even ;red years from 9:00 a.m. to 3:00 p.m. mas shall be divided into two Blocks. Block A shall be from noon on Christmas Eve to 12:00 noon on Christmas Day. Block 1 be from Christmas Day at 12:00 noon to December 26 at 12:00 Mother shall have physical custody of the child for Block A in nnbered years and Block B in even numbered years. Father gave physical custody of the child for Block A in even numbered and Block B in odd numbered years. rial Day, July 4a' and Labor Day shall be alternated among the with Father having Memorial Day in 2009. The times shall be ?:00 a.m. to one-half hour before the child's bedtime. )arty shall be entitled to two non-consecutive weeks in the er, provided they give 30 days prior notice to the other party. ver notifies the other first shall have precedence. A week shall ined as 7 consecutive overnights. that either party is in need of a babysitter for more than 3 non-custodial parent and offer said time to the non-custodial ion shall be shared such that the receiving party shall transport. I not enroll the child in any extra-curricular activities without the other parent if it affects that parent's custodial time. r is entered pursuant to an agreement of the parties at a Ference. The parties may modify the provisions of this Order absence of mutual consent, the terms of this Order shall ire, Counsel for Mother Esquire, Counsel for Father y BY THE COURT, MARA FREEMAN, V. JARED REIBER, PRIOR JUDGE: N IN ACCORIE PROCEDURE 1915 report: 1. The perti litigation is as follows: NAME Tucker J. Reiber 2. A Conci the following in attendE Beam, Esquire, and the Esquire. 3. The *? D9 Date : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1351 CIVIL ACTION - LAW IN CUSTODY vCE WITH CUMBERLAND COUNTY RULE OF CIVIL 8, the undersigned Custody Conciliator submits the following information concerning the Child who is the subject of this DATE OF BIRTH CURRENTLY IN CUSTODY OF May 7, 2009 Mother ration Conference was held in this matter on April 7, 2009, with ice: The Mother, Mara Freeman, with her counsel, Leslie J. Father, Jared Reiber, with his counsel, Alexis M. Moncman, agreed to an Order in the form as attached. Oacq line M. Verney, Esquire Custody Conciliator MARA FREEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBF...RLAND COUN'1~•Y, PENNSYLVANIA ~' 2009-1351 CIVIL ACTION LAW JARED REIBER DT~;FENI)~1NT IN CUSTODY 0121)ER OF COURT ,q?~p NOW, _________Wednesday, March 24, 2010_ __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline 1VL~ Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April_29, 2010 at 9 30 AM for aPre-}-Iearin~~ Custody Conference. At such conference, an effort will be made to resolve the iss~~ies in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporar~~ or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COUR"T,• t3y: _ Isl _ __~ jacquellne M. Verney, Esq.____ _ Custody Conciliator 1•he Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOt1LD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU [.)O NOT FIAVE AN A"1'TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W~-{ERE YOl1 CAN GET LEGAL HELP. Cumberland County E3ar Association 32 South 13edtord Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r .~.Y.' .~ ~HC ~v~~'I~~riRi 2010 MAf7 25 f'f'ff f ~ U f ~r; :;:. , P~NSvSYLVr'~'~I,~ 3• a 5~ l Z~ C_cs,M ~~~tce.d i n --~-a shams a- ~n 1~ ~f MARA FREEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : FARED REIBER, ? DEFENDANT NO. 09-1351 CIVIL 4 L rr) IN RE: CUSTODY ? ? f J D ? ORDER OF COURT C -D C' AND NOW, this 30th da y of September, 2010, after hearing in the abory -' ;r captioned matter, IT IS HEREBY ORDERED AND DIRECTED: 1. Legal Custody: The parties, Mara Freeman and Jared Reiber, shall have shared legal custody of the minor child, Tucker J. Reiber, born May 7, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records (to include report cards), and the residence address of the child and of the other parent. Each parent shall keep the other informed of any changes to the child's medication schedule and of all doctor appointments. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining the following harmonious policy in the child's best interest. 2. Weekly Physical Custody: A. The parents will share physical custody of the child pursuant to a 2 day/2 day/3 day schedule. Beginning on October 11, 2010, Father will have custody of the child from 8:00 a.m. Monday morning until 8:00 a.m. Wednesday morning. Mother will then have custody of the child from 8:00 a.m. Wednesday morning until 8:00 a.m. Friday morning. Father will then have custody from 8:00 a.m. Friday morning until 8:00 a.m. Monday morning. B. In week 2, the parents' custody periods will reverse. 3. Holidays: HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter From 2:00 p.m. the day before the holiday until Mother Father 2:00 p.m. the day of the holiday Memorial Day From 7:00 p.m. the evening before the holiday Father Mother until 7:00 p.m. the day of the holiday Independence Day From 7:00 p.m. the evening before the holiday Mother Father until 7:00 p.m. the day of the holiday Labor Day From 7:00 p.m. the evening before the holiday Father Mother until 7:00 p.m. the day of the holiday Thanksgiving 1S half From 3:00 p.m. the day before Thanksgiving Mother Father Day until 3:00 p.m. on Thanksgiving Day Thanksgiving 2" half From 3:00 p.m. on Thanksgiving Day until 3:00 Father Mother p.m. the day after Thanksgiving Day Christmas 1S half From 12:00 noon on 12/24 until 12:00 noon on Father Mother 12/25 Christmas 2" half From 12:00 noon on 12/25 until 12:00 noon on Mother Father 12/26 Mother's Day From 7:00 p.m. the evening before the holiday Mother Mother until 7:00 p.m. day of the holiday Father's Day From 7:00 p.m. the evening before the holiday Father Father until 7:00 p.m. the day of the holiday This Holiday schedule will take precedence over the normal weekly custody rotation. 4. Vacation: Each parent will be entitled to two non-consecutive weeks during the calendar year, provided that he or she provides at least 30 days prior written notice to the other parent. Whoever notifies the other party first shall have precedence. A week shall be defined as 7 consecutive overnights. 5. Daycare: The child shall remain enrolled at the Children's Garden Daycare in Camp Hill, Pennsylvania. Both parents and Rob Davenport and Trish Erney shall have f the right to remove the child from daycare to spend the day with him or her provided that the day to be spent with the child is that parent's overnight custodial period. 6. Canada: The child will be permitted to travel to Canada. Mother will sign all necessary documents prepared by Father for Father to facilitate the child's entry into Canada and his return to the United States. Trips to Canada will occur during the Father's periods of physical custody to include vacations. The required documents will be signed by the Mother for each trip the child takes to Canada during the Father's periods of physical custody. 7. Extracurricular Activities: Parents shall not enroll the child in any extracurricular activities without discussion and approval of the other parent if it affects that parent's custodial time. 8. Transportation: Transportation shall be shared such that the parent receiving the child shall provide transport. 9. Modification: The Parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ?*? ?a M. L. Ebert, Jr., J. ? Kara Haggerty, Esquire Attorney for Plaintiff harles Petrie, Esquire Attorney for Defendant bas (20 P i cs rr2.d L i 30l IC) F#l_~€~-~~ ~ ~C LILAKIS L01~ ~~T -7 F`~ 3~ 0 { Kara W. Haggerty, Esquire Attorney LD. #: 86914 ~, ~, ti s R ^~ r ~? 2 West High Street ~ ~.S E 1;;, ~ ~ ~.. t-S t~ ~ ~. vF ~ t Carlisle, PA 17013 '~ is a w ~r ~ ~~ ~.-la~.t_y=~'~~ (717)249-0900 MARA FREEMAN, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PA v. NO. 2009-1351 JARED REIBER, Defendant/Petitioner IN CUSTODY Notice is hereby given that Mara Freeman, Plaintiff in the above-captioned matter, hereby appeals to the Superior Court of Pennsylvania from the Custody Order entered in this matter on the 30~' day of September, 2010 by the Honorable M.L. Ebert, Jr., Judge, Court of Common Pleas, Cumberland County, Pennsylvania. This order has been entered in the docket as evidenced by the attached copy of the docket entry. This appeal is a children's fast track appeal. Respectfully submitted, Aaon~r&KUTULAKIS, 7T.P D~'TE Ifs ~'`~~~~~ . Cdr - ;Z --~ Kara W. Haggerty, Esq ' e 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Plaintiff/Appellant ~ ~~ ~ a~ ~~ ~o~ C ~ ~yoi 360 ~, CERTIFICATE OF SERVICE AND NOW, this ~" day of October, 2010, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Notice of Appeal by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: The Honorable M.L. Ebert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Counsel for Defendant/Appellee Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Respectfully submitted, ABOM d~ SUTULAKIS~ T T p L Kara W. Haggerty, Es~ V 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Plaintiff/Appellant PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2009-01351 FREEMAN MARA (vs) REIBER JARED : Reference No Filed........: 3/04/2009 .. Case Type.....: COMPLAINT - CUSTODY 00 nt Time........ Execution Date 12:56 0/00/0000 .. . Judgme Judge Assigned: EBERT M L JR Disposed Desc.: Jury Trial.... Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info FREEMAN MARA PLAINTIFF BEAM LESLEY J 321 DEERFIELD ROAD HAGGERTY KARA W CAMP HILL PA 17011 REIBER JARED DEFENDANT PETRIE CHARLES E 811 SAMOSSET ROAD HARRISBURG PA 17109 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/04/2009 COMPLAINT - CUSTODY FILED BY LESLEY J BEAM ESQ FOR PLFF ------------------------------------------------------------------- 3/10/2009 ORDER OF COURT - 3/1009 IN RE: COMPLAINT FOR CUSTODY - PREHEARING CUSTODY CONFERENCE SC EDUCED FOR 4/7/09 AT 8:30 AM 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE - BY JACQUELINE M VERNEY ESQ CUSTODY CONCILIATOR - COPIES MAILED 3/10/09 ------------------------------------------------------------------- 3/30/2009 AFFIDAVIT AND RETURN OF SERVICE - CUSTODY COMPLAINT AND ORDER AND DIRECTIVE UPON DEFT - BY LESLEY J BEAM ATTY FOR PLFF ------------------------------------------------------------------- 4/09/2009 ORBYRMOL EBERT JR4J8/OCOPIESEMAILEDO4/9/pgCILIATION SUMMARY REPORT ------------------------------------------------------------------- 3/17/2010 PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER - BY ALEXIS M MILOZEWKSI ATTY FOR PETITIONER ------------------------//------------------------------------------- 3/25/2010 OOFDARPARTIALRCUSTODYEORDER4~IPREHEARINGPCUSTOYNCONFERENCEI4/29/010 AT 9:30 AM 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE - BY JACQUELINE M VERNEY ESQ CUSTODY CONCILIATOR - COPIES MAILED 3/25/10 ------------------------------------------------------------------- 4/05/2010 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR DEFT - BY ALEXIS M MILOSZEWSKI ESQ ------------------------------------------------------------------- 4/05/2010 ERAQECIPE FOR ENTRY OF APPEARANCE FOR DEFT - BY CHARLES E PETRIE ------------------------------------------------------------------- 4/19/2010 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLFF - BY KARA W HAGGERTY ESQ ------------------------------------------------------------------- 4/30/2010 ORDER OF COURT - 4/29/10 IN RE: CUSTODY CONCILIATION SUMMARY REPORT - HEARING IS SCHEDULED FOR 8/25 10 AT 1:30 PM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY M L BERT JR J - COPIES MAILED 4/30/10 ------------------------------------------------------------------- 9/30/2010 ORDER OF COURT DATED 9-30-10 IN RE CUSTODY - BY THE COURT M L EBERT JR J - COPIES MAILED 9-30-10 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq Bal Pmts/Ad~ End Bal ******************************** ******** ****** ******************************* CUSTODY AGMT 135.00 135.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 CUSTODY FEE 5.60 5.60 .00 CUSTODY FEE-CO 1.40 1.40 .00 PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2'009-01351 FREEMAN MARA (vs) REIBER JARED Reference No... Filed......... 3/04/2009 Case Ty e.....: COMPLAINT - CUSTODY Time...... 12:56 Judgmen~......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. O/OOf0000 ------------ Case Comments ------------- Higher Crt l.: Higher Crt 2.: MODIFICATION CU 70.00 70.00 .00 ------------------------ ------------ 235.50 235.50 .00 * End of Case Information ~ ******************************************************************************** t h~torto +, _ ~ col ~ .. .~ ~ `~ ~ ` ~ onoMy 1 OM ~' uTUL~is Kara W. Haggerty, Esquire Attorney LD. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARA FREEMAN, Plaintiff jRespondent v. JARED REIBER, D efendant jPetitioner z~aQ ~ ~ -~ ~ ~~ ~~ d";s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-1351 IN CUSTODY CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes Appellant, Mara Freeman, by and through her counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and files this Concise Statement of Matters Complained of on Appeal pursuant to Pa.R.A.P. 905(x)(2) and Pa.R.A.P. 1925(x)(2). 1. The matters complained of by Appellant, Mara Freeman, on Appeal are as follows: a. The custody order calls for a drastic adjustment to the child's normal schedule, which will be very difficult for the child. b. The Trial Court abused its discretion in ordering Mother to approve and facilitate Father's taking the child out of the country to Canada. c. The Trial Court abused its discretion in permitting unrelated third parties to have the ability to pick up the child and exercise custody over the child whenever their work schedule allows. 1 d. The Trial Court erred in finding that its ultimate disposition of the case is in the best interest of the children. Respectfully Submitted, ABOM & %UTULAKIS, L.L.P. Kara W. Haggerty, 2 West High Street Carlisle, PA 17013 (717} 279-0900 Attorney I.D. No. 86914 Attorney for Appellant CERTIFICATE OF SERVICE ~=1~~..~ AND NOW, this ~ day of October, 2010, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Concise Statement of Matters Complained of on Appeal, by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: The Honorable M.L. Ebert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Counsel forAp1bellee Respectfiilly submitted, ABOM,licSUTIILAKIS~ I.I.P 1 Kara W. Haggerty, I 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney forAp~ellant ~u~erior court of ~ettttgpYbauia Karen Reid Bramblett, Esq. Prothonotary Middle District Milan K. Mrkobrad, Esq. Deputy Prothonotary October 13, 2010 RE: Mara Freeman Appellant v. Jared Reiber 1651 MDA 2010 Trial Court Docket No: 2009-1351 Dear Attorney Haggerty Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 ~~ l 7) 77z- l z94 www. superior.courtstate.pa.us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary /alv Enclosure cc: Buell, David D., Prothonotary Court Reporter ~ The Honorable Merle L. Ebert Jr., Judge c N ~ ,..,,, Charles E. Petrie, Esq. -vim G, n ~ n " ern ' . i ..ter ~~ -- ~° <p 3r p't"1 p ~ ~~ 2 rT1 ~' ~ N ~ TO: The Honorable Merle L. Ebert Jr. FROM: The Honorable Kate Ford Elliott, President Judge RE: Freeman, M. v. Reiber, J. 1651 MDA 2010 Trial Court Docket No: 2009-1351 Date: October 13, 2010 The appeal in this case has been designated as a Children's Fast Track appeal in accordance with recent amendments to the Rules of Appellate Procedure. The amendments, effective for notices of appeal filed on or after March 16, 2009, were implemented to give expedited treatment to certain types of family cases in an effort to mitigate the harmful effects of such litigation on children. As such, this Court is seeking your help in moving this matter along as expeditiously as possible. To that end, you should be aware that amended Pa.R.A.P. 1925(a)(2)(i) requires the appellant to file and serve the statement of errors complained of on appeal simultaneously with the filing of the notice of appeal. Amended Pa.R.A.P. 1925(a)(2)(ii) requires you, if the reasons for the order do not already appear of record, to file, within 30 days of receipt of the notice of appeal and 1925 statement, at least a brief opinion of the reasons for the order or for the rulings or other errors complained of, which may, but need not, refer to the transcript of proceedings. Please also note that amended Pa. R.A.P. 1931 requires the clerk to transmit the completed record to this Court within 30 days of the filing of the notice of appeal. I respectfully ask you to give priority to this matter and complete your opinion or statement pursuant to Pa.R.A.P. 1925 as soon as possible. 1 also request your assistance in ensuring that the record is transmitted as promptly as possible so that a briefing schedule may issue promptly from this Court. If the appellant has not requested or made payment for necessary transcripts, please notify the staff person below as soon as possible. Under such circumstances, this Court would direct appellant to comply with Pa.R.A.P. 1911(a) or risk dismissal of the appeal. See Pa.R.A.P. 1911(d). If the problem lies with the court reporter, this Court would request your indulgence in strictly enforcing Pa.R.J.A. 5000.10, which allows for the imposition of sanctions when the request for transcripts is met with reticence. Counsel and pro se parties will also be required to do their part in filing their briefs and other documents timely. Please note that, under the amended Rules, the parties have shortened times for filing their briefs. It is this Court's policy that extensions of time in Children's Fast Track appeals will be .granted only for good cause shown. This Court is very mindful of your enormous work load and we thank you in advance for your anticipated cooperation. If all of us do our part to expedite this appeal as quickly as possible, hopefully, we can lessen the impact of this litigation on the children involved. The staff person designated below is responsible for tracking this appeal. While ex parte communication with this Court is forbidden, if you or your chambers have any questions, please contact this staff person. Loretta Candelore: (412) 565-7634 Cc: Lower Court Clerk Kara W. Haggerty, Esq. Buell, David D. Charles E. Petrie, Esq. Court Reporter The Honorable Merfe L. Ebert Jr. 1:42 P.M. Appeal Docket Sheet Docket Number: 1651 MDA 2010 Page 1 of 2 October 13, 2010 CAPTION Mara Freeman Appellant v. Jared Reiber Initiating Document: Case Status: Case Processing Status Journal Number: Case Category: Notice of Appeal Active October 12, 2010 Civil CASE INFaRMATION Children's Fast Track Superior Court of Pennsylvania Secure Awaiting Original Record Case Type(s) CC#NSOLIQATE© CA3E3 Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received Appellant Freeman, Mara Pro Se: No IFP Status: No Attorney: Bar No: Law Firm: Address: SCHEDULED EVENT Ct7UNSEL INFORMATION Appoint Counsel Status: Represented Haggerty, Kara W. 086914 Abom &Kutulakis, LLP Abom &Kutulakis Ltp 2WHighSt Carlisle, PA 17013--2922 Phone No: (717) 249-0900 Fax No: Receive Mail: Yes Receive EMail: Yes EMail Address: kwh@abomkutulakis.com Custody/Visitation Children's Fast Track RELATED CASES Next Event Due Date: October 27, 2010 Next Event Due Date: November 8, 2010 Appellee Reiber, Jared Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Petrie, Charles E. Bar No: 029029 Address: 3528 Brisban St Harrisburg, PA 17111 Phone No: (717) 561-1939 Fax No: (717) 561-4121 Receive Mail: Yes Receive EMail: No 1:42 P.M. Appeal Docket Sheet Docket Number: 1651 MDA 2010 Page 2 of 2 October 13, 2010 t=EE lNF4i~MATiON Children's Fast Track Superior Court of Pennsylvania Secure Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 10/12/2010 Notice of Appeal 73.50 10/12/2010 2010-SPR-M-000843 73.50 AGENCYfTR1AL COURT' INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: September 30, 2010 Judicial District: 09 Documents Received: October 12, 2010 Notice of Appeal Filed: October 7, 2010 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):2009-1351 Lower Ct Judge(s) Ebert, Merle L., Jr. Judge ORit3iNAi_ RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING`SCHEDUIE None DOCKET ENTRY None Filed Date Docket Entry /Representing Participant Type Filed By October 12, 2010 Notice of Appeal Docketed Appellant Freeman, Mara October 13, 2010 Docketing Statement Exited (Domestic Relations) Middle District Filing Office MARA FREEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. JARED REIBER, Defendant/Petitioner: NO. 2009-1351 CIVIL TERM c ~ c~ ~ -~ ~~: ~ -~ IN RE: CUSTODY HEARING ~~ --~ - .z,~ ~~ --< y' ~ r ~ v ~ ~~ ~~ ~~ ~ n ~~ -< ~~~ ~ _.,, Proceedings held before the HONORABLE M. L. EBERT, JR., J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, August 25, 2010, commencing at 1:30 p.m. in Courtroom Number Two APPEARANCES: - c, Kara W, Haggerty, Esquire ~ -. For the Plaintiff/Respondent ~=-; c-._ c ~__ `~ a ~ Charles E. Petrie, Esquire °- - For the Defendant/Petitioner -~ ~' ~ cn ORIGINAL r ~ ~ J FOR THE PETITIONER Jared Michael Reiber Trisha Lynn Erney Cindy Erney Christine Reiber FOR THE RESPONDENT INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 3 24 32 34 76 84 -- -- 85 87 -- -- 88 -- -- -- Mara Freeman 35 55 68 -- Rob Davenport 90 -- -- -- Becky Freeman 95 -- -- -- INDEX TO EXHIBITS FOR THE PETITIONER MARKED ADMITTED Ex. No. 1 - photographs 82 90 FOR THE RESPONDENT Ex. No. 1 - developmental continuum 73 98 Ex. No. 2 - developmental continuum 73 98 2 • • 1 THE COURT: Now is the time and place set for 2 a hearing on the custody modification Freeman versus Reiber. 3 I believe father is the moving party? 4 MR. PETRIE: Yes, that's correct, Your Honor. 5 THE COURT: Parties ready to proceed? 6 MR. PETRIE: Yes. 7 MS. HAGGERTY: We are. 8 THE COURT: You may proceed. Call your first 9 witness. 10 MR. PETRIE: Jared Reiber, please. Step up 11 to the witness stand. 12 Whereupon, 13 JARED MICHAEL REIBER 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MR. PETRIE: 17 Q Good afternoon, Mr. Reiber. Tell us your 18 full name, please. 19 A Jared Michael Reiber. 20 Q And where do you live? 21 A I live in Harrisburg off Chambers Hill Road. 22 Q What's the address? 23 A 685 Greg's Drive, Apartment 76, Harrisburg, 24 17111. 25 Q And who lives with you? 3 • 1 A Myself, Trisha, and Tucker. 2 Q Say it again. 3 A Myself, my fiancee, Trisha; and my son, 4 Tucker. 5 Q And how long have you lived at this address? 6 A I've lived there for about two years now. 7 Q And what is your marital status? 8 A We are engaged. 9 Q And the wedding date? 10 A June 4th, 2011. 11 Q And Tucker is involved in the wedding in some 12 fashion? 13 A He will be one of the ring bearers. 14 Q Now, you have filed a petition with the Court 15 to accomplish some changes in the existing custody order, is 16 that right? 17 A Correct. 18 Q And we've set them out in our memorandum? 19 A Correct. 20 Q You've reviewed that, so let's just summarize 21 them briefly for Judge Ebert and then we'll deal with them 22 more specific ally. You're looking for a greater period of 23 time for you to spend with Tucker, is that right? 24 A That is correct. 25 Q Tell Judge Ebert why you want that. 4 • • 1 A Well, I'd like to get him more because I feel 2 I'd like to be more of a full-time father, at least get the 3 the most feel ing that I can get to be a full-time father, 4 without being a part-time dad. I would like to get more 5 time with him during the week so we can spend some time with 6 parents and e xtended family. ~ Q And what does the order presently call for 8 with respect to your time during the week? 9 A I get him every other weekend and every 10 Monday until about 7:00. 11 Q And your every other weekend begins and ends 12 when? 13 A Begins on Friday at six. I pick him up from 14 her place and then we go back and she picks him up Monday at 15 seven. 16 Q On Monday at seven? 17 A Correct. 18 Q So it's essentially a three-day weekend every 19 other week? 20 A Yes. 21 Q And then an isolated Monday the off Monday? 22 A Yes. 23 Q And what are you looking for Judge Ebert to 24 change the order to? What are you asking for? What type of 25 schedule are you looking for? 5 • • 1 A I would like two more evenings during the 2 week. That way I have a chance to keep him overnight during 3 the week, which I've never had. 4 Q And what would that schedule look like on a 5 bi-weekly basis ? 6 A Well, I would get him my weekend, and then I 7 would also keep him Monday night and Tuesday night, then she 8 would get him f rom day care. She would have him, you know, 9 the next -- it' s a 3-2-3 basis, something like close to 10 that. 11 Q All right. So if it began on a Friday and 12 it's your weekend, it ends Monday morning? 13 A Correct. 14 Q And then mom has Tucker Monday and Tuesday 15 evening? 16 A Correct. 17 Q And then you would have -- 18 A I would get him Wednesday, Thursday. 19 Q Okay. 20 A And she would get him for her weekend on 21 Friday all the way, and we would rotate the next week. 22 Q Reverse it? 23 A Yes. 24 Q Okay. All right. And that hasn't been the 25 case up until this point, is that right? 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 A Correct. Q All right. And you're looking for more time? A Yes. Q How about time during the day when Tucker is in day care? What's your general attitude about day care? A Well, I'd like -- that's sort of secondary to everything. I feel he should be with me during the day especially now that I'm unemployed. I feel that he could -- his time would be better spent with me during the day. You know, I'm still currently looking for jobs and I plan on going to school, you know, in September, but while I'm off, I wou ld like to have him as much as I can. Q Now, is he with you on Mondays? A Yes, all day Monday. Q And you'd like to expand the time that you spend with Tuc ker during the day while mom is at work? A Yes. Q To what? A To another day during the week. Q An extra day during the week? A One more day during the week. Q Are there some restrictions on day care that might -- A Well, he has to be there at least -- Q Let me finish the question. Are there 7 • • 1 restrictions that the day care imposed that might prevent 2 you from taking care of him every day? 3 A He has to be there at least three days a 4 week. 5 Q Or what? 6 A Or he will lose his full-time spot. 7 Q And you like the day care? 8 A I do. I think day care has been very good 9 for him. 10 Q Important to you to keep him in that 11 particular day care? 12 A Absolutely, yes. 13 Q And you plan to resume employment? 14 A Yes. 15 Q Preferably during the day? 16 A Yes. 17 Q But in the meantime you would like to have 18 some time with him. Have you been able to have any time 19 with him during the day since you were unemployed? 20 A No, I've asked her several times and I 21 usually don't get a response. 22 Q When did your unemployment begin? 23 A I was let go July 6th, and that's when it 24 started. 25 Q And you've been home all day since? 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 A Um-hum. Q And on each day that mom works, your son has been in day care? A Yes. Q And you'd like to alternate somewhat? A Yes, I would. Q We also have a couple other requests, is that right? If your fiancee is off work and it's your day or your evening, what would you like to be available for her? A Well, if it's my day or my evening, if I get out of work early, or I mean if she gets out of work early, she can always pick him up or, you know, as long as both parties are working, she would be able to pick him up, spend the day with him, you know, like she should be able to. Q And is that the case now? A No. Q Have either one of you had access to him during the day? A No. Q No? A No. Q Okay. And we have a concern about Tucker going to Canada, is that right? A Correct. Q Why don't you explain to Judge Ebert what 9 • • 1 that's all about. 2 A Well, we vacation in Canada. It's in 3 Ontario. It's a very nice place, very safe for him. We go 4 up there -- at least try to get up there three, four times a 5 summer. It's just -- it's right on the lake. It's a very 6 nice place to vacation. 7 Q And who owns this place? 8 A Trisha's parents, Cindy and Scott. 9 Q So it's a family lot. There's a home ? 10 A Yes. 11 Q Lake? 12 A Big house, lake, boats. 13 Q Does this bring out your inner child when you 14 go up to Canada? 15 A It does. It's fun. It's very fun. 16 Q Is this an experience you would like to share 17 with Tucker? 18 A Absolutely. 19 Q Become a part of his life? 20 A Yes. 21 Q Have you asked mom about it? 22 A I had a while ago and she said if he would be 23 able to actually call me on the phone and tell me he's okay 24 is when she would allow that. 25 Q Is there any mileage restrictions on your 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 present order on where you can take him? A I don't believe so. Q So if you wanted to take him to California, you don 't ne ed mom's permission? A I don't think so, no. Q But you need it because of the border? A Crossing the border, yes. Q The passport issues and so on? A Yes. Q What exactly do you need in order to get Tucker into Canada? A Right now all you need would be his birth certifi cate, and I already obtained that, you know, and he doesn't quit e need a passport yet because he's not old enough. Q Don't you need mom's signature? A I believe we do, yes. Q And that's what's been withheld? A Yes, absolutely. Q And let's talk about the holidays. You're asking for a change with respect to the holidays. What change is that? A Well, I like the way Christmas is set up where we each get our respective day with him around the holidays. I would like to also apply that to Thanksgiving 11 • 1 and Easter. 2 I feel that, you know, giving him only half the 3 day on each holiday, it's kind of tearing him from one 4 place, whether she has him or whether I have him, just 5 rotate the holiday into the next year because he no more 6 than gets set up with one group and then he has to be ripped 7 out and go to the next. I just feel he would have a better 8 time at each place. 9 Q So when would you like the holidays to begin? 10 Let's talk about Labor Day, Memorial Day, Independence Day. 11 How would you like that to be fashioned? 12 A Well, we would still rotate the holidays. 13 It's, like I said, just Thanksgiving and Easter would be the 14 ones, the big ones that we would, instead of splitting, just 15 rotate each year. The other ones can stay the same. 16 Q All right. And our memorandum reflects 17 asking for the evening before. Is that something you're 18 interested in, that the holiday begins the evening before 19 and ends at seven or so? 20 A Yes, gives more time especially if you're 21 going to travel. You know, it gives you more time to 22 travel. We could get there at night and we could stay over 23 instead of having to worry about the next morning after we 24 pick him up. 25 Q And do you and Tucker and Trisha travel a 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • lot? • A Absolutely. Q Where do you go? A We've gone to numerous places. We have gone to the beach twice. We've gone to New Jersey, Ocean City. We take him to the movies. We take him to Chocolate World. We've taken him to City Island numerous times. You know we've taken him to Bounce U, a place where he can just, you know, it's particularly designed for kids. He can just bounce around and have fun. We take him a lot of places. Q And you do all this within that little window of Friday to Monday? A Um-hum. Yes, it's hard to split time with all the family. I have a very large family and so does she, and it's hard to divide all that up in a weekend. Q So is it fair to say that you need more of Tucker in your life? A Absolutely. Q Do you think he deserves to have more of his father in his life? A Without a doubt. I have grown leaps and bounds since he was born, you know, becoming a father. There's no manual to it. I believe that I definitely deserve that. 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 Let's talk about money. Mom is of the opinion that your Petition to Modify is grounded in a desire to reduce child support. Does that sound like a familiar theme? A Yes. Q Why don't you tell Judge Ebert what the story is on the support. Is this about support? A It is not about support. I mean, we have times to show when she had filed for the increase due to the health care, which we had talked about, she filed for that on the third, and I had already -- Q Third of? A March, sir, March 3rd. Q What year? A 2010. Q Okay. A And I had already set up an appointment with my previous lawyer to have an appointment to sit down and talk about, you know, what we're doing now, to get him more, and that appointment was scheduled for March 8th, 2010, and, you know, it's not like I just called and I got the appointment the next day. I called two weeks prior to that. Judge Ebert signed off on it on the 12th, I believe, and I didn't get the paperwork in the mail until the 13th. Q All right. I mean are you basing your 14 • 1 3-2-2-3 schedule on a support reduction? 2 A No. 3 Q I mean is that the purpose of this? 4 A No, absolutely not. I mean whether it comes 5 to support or out of my pocket, it's still going to be money 6 spent. I mean we take him a ton of places and it costs 7 money, so it's coming out of my pocket one way or another. 8 Q And how do you and Ms. Freeman get along? 9 A It's just because we see each other. It's 10 nothing ever personal. It's just how to explain how he's 11 doing. It's just, you know, kind of -- I don't know how to 12 describe it. You know, just a run in together. I don't 13 know how to explain it. 14 Q All right. Is it functional? Does it work 15 for you as far as getting information about Tucker since -- 16 A It's hard sometimes. It's been better. It's 17 been better, but at times before -- I mean now I'm in close 18 contact with the day care, so the past five months I've been 19 getting information from them, daily packets on how he's 20 doing and the different things I feel that I should be 21 getting, but, you know, prior to that it was only when I 22 asked, only when I asked was I getting them. 23 Q And are you in touch with the day care on a 24 regular basis now? 25 A I am. 15 • • 1 Q And they give you regular information? 2 A Yes, they give me packets on how he's doing 3 and his progression and how he's developing, which is nice. 4 Q Now, is it your intention to have more time 5 with Tucker to reduce support and then pass him off to your 6 fiancee? 7 A Absolutely not. 8 Q Tell me your perception of how you and your 9 fiancee work together with respect to Tucker? 10 A Well, it's exactly that, we work together. 11 We don't really see it as a primary care in the household. 12 We share a lot of stuff because she's very comfortable. She 13 has a great relationship with him. 14 You know, for instance, you know, most of the time 15 I'll give him a bath and I'll get him ready for bed, and she 16 puts him down, and we'll rotate and do the same thing most 17 of the time. It's always -- we do stuff together. It's 18 never neglected by either, so -- 19 Q And on days when you're not traveling, a 20 typical day at home, tell me what your schedule is on that 21 Saturday, Sunday, or Monday? 22 A Well, we get up in the morning. We'll have 23 breakfast, and we'll turn on cartoons for him, and then 24 we'll take him outside and we'll do everything, you know, 25 from sidewalk chalk to blowing bubbles, and, you know, 16 • 1 taking him down to the playground if it's nice out. 2 Q Where is the playground? 3 A Right behind our apartment complex, within 4 walking distance, and, you know, if it's nice out we'll take 5 him there. Read with him. We color with him. We do flash 6 cards with him, which he loves, so we do a lot of activities 7 inside with him. 8 BY THE COURT: 9 Q I missed your address. Where are you living 10 now? 11 A 685 Gregs Drive, Apartment 76, Harrisburg, 12 17111. 13 Q Where is Gregs Drive? 14 A It's right off Chambers Hill, off of 80th 15 Street. 16 Q You say it's an apartment complex? 17 A Yes. 18 Q How long have you lived there? 19 A For almost two years, sir. The apartment 20 complex is called Laurel Acres. 21 Q And before you were laid off, what type of 22 work did you do? 23 A I was a delivery driver for Dempsey Uniform 24 and Linen Supply. 25 Q How long had you done that? 17 • • 1 A For a little over two years. 2 Q What happened? Did the economy, the 3 recession -- 4 A Why did I get let go? 5 Q Yes. 6 A I was in an accident. I was following behind 7 a teenager, and his mother worked at the school that he was 8 turning into. He didn't use his turn signal, and he slammed 9 on his brakes, and I had looked away to check my passenger's 10 side mirror and as soon as I looked back, you know, the 11 front end of my truck was in his trunk. 12 THE COURT: Okay. Sorry, Mr. Petrie. 13 MR. PETRIE: No problem. Thank you, Judge. 14 BY MR. PETRIE: 15 Q And the name of the park that you go to? 16 A It slips my mind. 17 Q (Unintelligible) 18 A Yes, I believe that's it. 19 Q And just describe it briefly for Judge Ebert. 20 A I mean it's got sliding boards, monkey bars, 21 jungle gym. It's got a basketball court, tennis court that 22 he plays on, just tons of equipment geared towards him. 23 Q And lots of kids? 24 A Yes, a lot of kids go there, especially on 25 Mondays duri ng the summer they have a program there, I guess 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 they're from other schools or what not, they bring them there and there's tons of kids running around and he loves that. THE COURT: I might have missed this, too. I'm trying to put it in my mind. Is this actually in the city of Harrisburg? THE WITNESS: No, outskirts. It's right in between Hershey and Harrisburg. THE COURT: Is that Swatara? THE WITNESS: Swatara, yes. THE COURT: Okay. BY MR. PETRIE: Q And it's actually almost a stone's throw from Wal-Mart and Sam's Club on 322? A Correct, about five minute drive, yes. Q And you spend time with your mom as well? A Yes. Q And Tucker spends time with mom? A Absolutely. Q And what does he call your mom? A Nene. Q And tell Judge Ebert a little bit about that. A Well, he spends a lot of time over there. She's relatively close. She lives about six, seven minutes away, and he heads over there and, I mean, they have a great 19 • 1 bond. 2 And, you know, they also have a pool. My father 3 has a pool, toe, but he goes over the m: to Neenee's house, 4 and they play in the pool and she takes him swimming, and 5 she takes him to the park different times. It's a good 6 thing. 7 Q And just to give Judge Ebert some background, 8 when Tucker was born, were you and Ms. Freeman together? 9 A Yes. 10 Q For how long? 11 A Until about October, November of 2000, I 12 guess that would be eight, yes, 2008. 13 Q Five or six months, something like that? 14 A Yes. 15 Q And then after you split up and prior to the 16 entry of the custody order, what was your contact with 17 Tucker at that time? 18 A I would go over there after work. I would 19 work until about 5:30, 6:00 some nights, and I would go over 20 there. When we were still together, I would eat dinner with 21 the family and then I would usually try and put him down. I 22 liked to do that. I'd play with him and then put him down 23 and then I'd leave. 24 After we split up, I would go over there. I 25 really didn't go over there for dinner anymore. I wasn't 20 • • 1 really welcome for that, which I understand, but I would go 2 home and eat and sometimes I wouldn't get there until 6:30, 3 7:00. 4 I would go over and have a little bit of time with 5 him,. and I always wanted to put him down for bed. I put him 6 down to bed, gave him a bottle, rocked him, put him down, 7 and then I would leave. 8 Q And the existing order that gives you the 9 every other weekend, Friday to Monday, and then the 10 alternate Monday, you agreed to that why? 11 A Well, at the time I was, you know, in his 12 best interest. My previous lawyer and I had talked about 13 trying to go for shared, but it was just too hectic with my 14 work schedule. I don't think it would have been fair to 15 him, you know, for me to have other people trying to figure 16 out my arrangements. 17 I started work in the morning about quarter of 6, 18 6:00. I wouldn't get done until about 5:30, you know, and 19 it just wasn't fair to him to try and go for shared. I mean 20 I wasn't happy with it, but I had to settle for it. 21 Q And then at the time that you filed to amend 22 this order, what had changed with your work schedule? 23 A My hours -- I got more comfortable with my 24 route, and my hours had decreased a little bit. Instead of 25 getting off at 5:30, I was now getting off at 3:30, 4:00. 21 • • 1 You know, I was was still getting 40 hours for the most 2 part, between 38 and 40, but I wasn't working 11 hour days 3 anymore. 4 Q We also have requested a change in the order 5 with respect to what we lawyers refer to as a right of first 6 refusal, that in the order it says if either parent is 7 occupied somewhere else for three or more hours, that the 8 other parent has the right to be notified and to care for 9 your son. What don't you like about that? 10 A I just don't like the fact, you know, say I 11 took him over to my mother's house. She wanted to watch him 12 for the evening or, you know, if Trisha's parents wanted to 13 watch him for the evening, it just doesn't give them a lot 14 of time. You have to, you know, as soon as he gets there, 15 three hours later he would have to -- until I got back, you 16 know, she would watch him, but it's just -- it doesn't give 17 enough time, and personally I don't think it's fair. 18 Q And do you think it's disruptive to Tucker? 19 A Yes, I do. 20 Q And you understand it works on both sides? 21 A Absolutely. 22 Q If the right of first refusal is not in place 23 for Ms. Freeman, then it's not in place for you? 24 A Absolutely. 25 Q If she goes somewhere for four hours, you 22 • • 1 don't have the right to pick him up? 2 A Absolutely. If her parents wanted to watch 3 him for the evening, I have no problem with that. If her, 4 you know, her boyfriend wanted to go out and do whatever 5 they want to do, I have no problem with that. You know, 6 he's with family. I trust in her to, you know, have 7 somebody watch him, you know, that she knows and knows will 8 take good care of him. 9 Q And I haven't heard you offer any criticism 10 of Ms. Freeman's parenting skills? 11 A She's fine. Absolutely. I have no problem 12 with that at all. 13 Q And do you -- is it your opinion that your 14 parenting skills are equal to hers? 15 A Absolutely, without a doubt. 16 Q And obviously at this point in your life you 17 have enormous amounts of time -- 18 A Yes. 19 Q -- to spend with your son? 20 A Yes. 21 Q But you're still limited to Friday to Monday 22 and then an alternate Monday? 23 A Correct. 24 Q So the rest of that time he's in day care and 25 he's with mom? 23 • • 1 A Yes. 2 MR. PETRIE: I have no further questions, 3 Judge. 4 THE COURT: How old are you? 5 THE WITNESS: Twenty-six. 6 THE COURT: And how far did you go in school? 7 THE WITNESS: I did two years at Slippery 8 Rock University. 9 THE COURT: Cross-examine. 10 MS. HAGGERTY: Thank you. 11 CROSS-EXAMINATION 12 BY MS. HAGGERTY: 13 Q You had indicated that you are currently 14 unemployed due to having an accident? 15 A Correct. 16 Q That's not the first accident that you had at 17 work, is that right? 18 A No. Well, I didn't cause the other 19 accidents, but yes. I was sideswiped, you know, my mirrors 20 were taken off in the other previous two that I had. 21 Q So this was your third accident and the 22 reason for your termination? 23 A No, it was because I became an insurance 24 liability because of the amount of damage I caused to the 25 other vehicle and to the company truck. 24 • • 1 Q You're currently looking for work? 2 A I am, but I'm also going back to school in 3 September. I'm taking a two-week course for, ironically, 4 auto appraisals for accidents. It's a two-week course, then 5 you take a state government test and then you go from there 6 finding a job. 7 Q You have applied for employment now? 8 A Unemployment, yes, I was just granted that, 9 yes. 10 Q I'm sorry, you misunderstood. Have you 11 applied for other jobs? 12 A Yes, a handful, because my original plan was 13 if I was granted unemployment, you know, it would still give 14 me a little bit of money. You know, she would still be 15 getting her support, and, in fact, I could still go to 16 school. I would be able to pursue that. If I didn't, then 17 I would go with other options trying to find jobs as quickly 18 as I could. 19 Q What other jobs are you looking for? 20 A Just warehouse, manual labor. I don't have a 21 degree, so -- 22 Q You go to school in September? 23 A Yes, September 20th. 24 Q At the time that you filed for your 25 modification, you were working at the Dempsey job? 25 • 1 A You mean for the modification for this order? 2 Q Yes. 3 A Yes. 4 Q And still going into work very early in the 5 morning? 6 A Yes. 7 Q So it still would have been hectic for Tucker 8 and it still would have been disruptive? 9 A No, I don't feel that way because Trish would 10 have been able -- she starts at, you know, 8, 8:30 in the 11 morning. She would have been able to take him to day care 12 and then I would have been able to get out of work at 4, 13 4:30, maybe 5 on my latest day, and I would have been able 14 to pick him up. And even if I wasn't able to, she wou ld 15 have been there to pick him up. 16 Q So your schedule was exactly the same b ut you 17 had somebody else that was able to help you out? 18 A My schedule was not exactly the same, n o. I 19 was getting out earlier from work. The start time in the 20 morning was the same but ending time was different. 21 Q You talked a little bit about day care, and 22 you like Tucker's day dare? 23 A I do. I think he's developing well in there 24 and gets along with a lot of the kids. 25 Q You had testified that he must be there three 26 • • 1 days a week to maintain his full-time status. 2 A That's what they told me, yes. 3 Q And up until now he's been on full-time 4 status, correct? 5 A Well, we pay the full-time price. 6 Q Including -- that would be five days a week 7 you pay for? 8 A Yes, in case I would have a doctor's 9 appointment on a Monday or something I need to be at, which 10 most likely would be a doctor's appointment, you know, he 11 can go, which happened I think about a week or two ago. 12 You know, I had a doctor's appointment in the 13 morning, and we were able to take him there. That's why we 14 pay the full price, and I picked him up. Actually Mara took 15 him to day care in the morning, and I was able to pick him 16 up. I think I got there around 10:30 or so, 10:30 or 11. 17 Q So even when you were working and had, under 18 this schedule, every Monday off and every Monday with 19 Tucker, it was required that you guys maintain that Monday 20 because you would have appointments and he would often have 21 to go to day care for part of the day? 22 A That's about the only time he ever went to 23 day care, once or twice, very, very few. 24 Q But you haven't been able to remove him from 25 a full-time status because you needed that Monday available? 27 • • 1 A Right. I mean we could, but he would have to 2 drop down to a part-time status. It all depends on how much 3 the payment is and stuff. 4 Q You had indicated that you're interested in 5 your fiancee be ing able to pick him up at day care? 6 A Correct. 7 Q And you are planning on a next June wedding? 8 A Correct. 9 Q Weren't you scheduled to get married this 10 summer? 11 A That is correct. 12 Q But it got moved? 13 A It got moved because of this actually. This 14 is costing us a little bit, and this is the priority. It's 15 more important, she understands that, and I'm appreciative 16 of that. 17 Q So there's no guarantee that it's going to 18 happen by next summer though either? 19 A I guess you could say that, but we plan on 20 it. 21 Q Have you talked with Mara about having Tucker 22 participate in the wedding? 23 A No. I mean I gave her a schedule of when the 24 wedding was goi ng to be and when -- as far as for the August 25 wedding. I don 't think I gave her one in June yet, but as 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 far as -- we would pick him up. Basically we're going to use our one week that, you know, we get two non-consecutive weeks in the agreement. I was going to get him for a week. That way he can be in the wedding. Q Speaking of that, you had testified that you vacation often with your fiancee, like to go to her home in Canada three to four times per summer? A Um-hum. Q Isn't it true that you have not exercised your full week of summer vacation with Tucker at this point at all? A Have not, no. Q So any of the summers up until under this prior order you have never taken him for a full week? A No. Q So even though you and your fiancee do like to travel and you want more time with him, you have not exercised the time that you have been granted even under the prior order? A Correct. Q How far apart do you and Mara live from one another? A About twenty minutes. Q And you're requesting that the Court 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 alternate major holidays of Thanksgiving and Easter so that you can maybe travel or only see him on those major holidays every other year? A Correct. I just think it would be a little easier to alternate the holidays. That way she can enjoy him full-time. I can enjoy him for the full holiday. Q So even though you guys live so close together and are able to share so you could each see him on those major holidays, you feel it would be in his best interest to not share those major holidays? A I do. As much as I would want to see him when you put it like that, I don't believe it would be beneficial because we go down to Trisha's parents a lot for holidays, and, you know, by the time we get him down there, it's time -- I don't think she would want to run the whole way to Allentown to pick him up. We tried that for Thanksgiving, and it wasn't very beneficial. We got him down there for maybe three hours and had to turn around and come home. Q You ,recognize that the major holidays of Thanksgiving and Easter are more about you and Mara, not other extended family? A Well, he's with me at that time, so correct. Q You were testifying about that this modification was not directly related to support? 30 • • 1 A Um-hum. 2 Q Even though you received paperwork about a 3 Domestic Rel ations conference on the 3rd and then your 4 petition was filed the 17th of March? 5 A I'm not following. 6 Q You agree that you filed your petition on the 7 17th of March? 8 A Sure. 9 Q Going back to the informa tion from day dare, 10 you were tes tifying that recently you've been able to get 11 more informa tion from day care? 12 A Um-hum. 13 Q You've always had shared legal custody under 14 your order, is that correct? 15 A Correct. 16 Q You could always obtain t hat information from 17 day care on your own, is that correct? 18 A Correct. 19 Q And, in fact, you're now doing that? 20 A I've been doing it for th e last five months. 21 Q But not since your prior order? 22 A No. 23 Q At this point in time you have no idea what 24 type of work schedule you'll end up having? 25 A It would mostly likely be during the day 31 • • 1 because that would be more beneficial for my family. 2 Q But you don't know that right now? 3 A I don't know of any job that would be 4 available at this time until I go to school and take the 5 test. 6 Q It's true that the order that was entered 7 now, the alternating weekends and the Mondays, was scheduled 8 that way primarily because of your work schedule? g A Um-hum. 10 Q You were testifying that for the first five 11 or six months after Tucker was born, you and Mara were 12 together. You had never lived together though, is that 13 right? 14 A No. 15 Q So initially you would always go to her home 16 to see Tucker? 17 A Yes. 1g MS. HAGGERTY: I have no further questions. 19 THE COURT: .Any redirect? 20 MR. PETRIE: Just a couple questions. 21 REDIRECT EXAMINATION 22 BY MR. PETRIE: 23 Q Jared, what steps have you taken to secure 24 that June 4th wedding? Have you put deposits down? Have 25 you picked a place? 32 • • 1 A The DJ is ready. We have the venue. The 2 reception is going to be at her parents' place. The church 3 we're getting married in is where Trisha's parents, you 4 know, they got married there. Everything is set and ready 5 to go. 6 Q You've booked the location of the wedding. 7 You have the reception. Of course it's their home. 8 A Correct. 9 Q DJ is booked? 10 A Correct. 11 Q And that's June 4th? 12 A Correct. 13 Q What time? 14 A Around three in the afternoon. 15 Q All right. The original order was based on 16 your work schedule. Tell me how the work schedule changed 17 so that -- 18 A Well, I got out of work early. I still start 19 at the same time in the morning, but I got out of work 20 early. Instead of getting out at 5:30, I was .out at 4, 4:30 21 some days, 3. 22 Q And when we went to the conciliation 23 conference and you expressed your desire to have this shared 24 custody schedule, did the order change then at the 25 conciliation conference? Did you get more time? 33 • • 1 A I was granted two more hours per week. 2 Q Two hours? 3 A Added on to my Monday's, yes. 4 Q So you got Tucker two extra hours on Monday 5 after that conciliation conference? 6 A Correct. 7 Q And that's why we're here today? 8 A Correct. 9 Q You didn't get the amount of time that you 10 were looking for, is that correct? 11 A That is correct. 12 Q And just so Judge Ebert has it straight, 13 you're looking for what we call a three two two three 14 schedule? 15 A Correct. 16 Q And you think that's in Tucker's best 17 interest? 18 A I do. 19 Q For all the reasons that you've described? 20 A Absolutely. 21 THE COURT: Anything else? 22 MS. HAGGERTY: Very quickly. 23 RECROSS-EXAMINATION 24 BY MS. HAGGERTY: 25 Q Your wedding is at Trisha's parents' place 34 • 1 where? 2 A In Allentown. New Ringgold to be more exact: 3 MS. HAGGERT'~: Nothing further. 4 THE COURT: You can step down, sir. All 5 right. It's my normal practice to hear from the mother now. 6 MR. PETRIE: That's fine. 7 MS. HAGGERTY: Call Mara Freeman. 8 THE COURT: Come forward, ma'am. 9 Whereupon, 10 MARA FREEMAN 11 having been duly sworn, testified as follows: 12 DIRECT EXAMINATION 13 BY MS. HAGGERTY: 14 Q Could you state your name and address for the 15 record, please? 16 A Mara Freeman, 308 Stonehedge Lane, 17 Mechani csburg, Pennsylvania, 17011. 18 Q And who do you live with? 19 A My boyfriend, Rob Davenport. 20 Q And how long have you two lived together? 21 A It will be a year the end of November. 22 Q Where do you work? 23 A Pennsylvania Farm Bureau. 24 Q And what do you do there? 25 A I'm in bookkeeping in the accounting 35 • • 1 department. 2 Q And how long have you been employed? 3 A About a year and a half now. 4 Q Where is that located? 5 A Camp Hill. 6 Q How far from work to home? 7 A Almost ten minutes. 8 Q You're Tucker's mother. Tucker's date of 9 birth? 10 A 5/7/08. 11 Q And he's how old? 12 A He's about two and a half now. 13 Q You currently have him in day care? 14 A Yes. 15 Q Where is his day care? 16 A That's in Shiremanstown. 17 Q What's the name of it? 18 A The Children's Garden. 19 Q And how far away from your home to day care? 20 A Less than ten minutes. 21 Q And work to day care? 22 A Less than ten minutes. 23 Q How long has Tucker been going to day care? 24 A Since he was three months sold. 25 Q At this place? 36 • • 1 A At this day care, yes. 2 Q Describe his day care program. 3 A In the morning he goes in. They have a 4 little bit of free time while all the kids are being dropped 5 off. At that point they go and all the kids are gone over 6 for potty time if they need to be changed or some of them 7 are potty training at this point, so they work on that. 8 They go back. They have a snack in the morning or 9 breakfast depending on what they have. Then there is a 10 circle time in the morning. There's some structured play. 11 They go over for another bathroom break. They have lunch, 12 then they go down for their naps. When they get up, it's 13 bathroom break again, another structured activity, and then 14 free time until all the parents get there. 15 Q And how would you describe Tucker, his 16 ability to adapt to his day care? 17 A He's done very, very well. He has switched 18 rooms. This. is his third switch in the room that he's in 19 now. He started out in the infant room, then he went into 20 the young toddler room, now he's in the older toddler room. 21 He's done very well. It's taken him a few weeks 22 to adapt to the room that he's in now just because it's a 23 change. It's a little bit different, but he's done really 24 well. 25 Q What benefits do you see from him attending 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 the day care? A One thing he has so much energy, especially even for a child his age, he has so much energy. The one thing that's been great is that it focuses his energy and he's learned a little bit of rules and one thing that's grown by leaps and bounds has been his sharing with other children, so that's been very, very good for him. Q Ever since he's been in day care, who has been listed as like the responsible party for Tucker? A Myself and his father. Q Has there ever been anything in place with the day care program to limit Jared's access to any of the information through day care? A No. Q He's always been able to access these weekly reports or any progress reports for Tucker? A Yes. Q What -- do you have Tucker enrolled full-time? A Yes. Q And describe the differences. Are full-time and part-time available? A Part-time and full-time would be available. The difference with part-time is if I would need to take him in for any reason, if Jared had to work or if he was sick 38 • • 1 and couldn't take him for any reason, I would have to have 2 several days notice if he was going part-time to let them 3 know that he would be there, as far as the ratios go for 4 adults to students, so that would be the main difference why 5 I have him enrolled full-time. 6 Q Have there been occasions where Tucker has 7 needed to go on a Monday that he's with his father? 8 A Yes. 9 Q How often would you say that's happened? 10 A I would say that's happened since he's been 11 going to day care less than ten times, probably maybe five 12 to six. 13 Q And most recently when was that? 14 A Not this past Monday, the Monday before, when 15 Jared had an appointment in the morning. 16 Q And actually that was a time when Jared was 17 unemployed? 18 A Yes. 19 Q So at this point you are responsible -- both 20 of you are responsible financially for five days a week for 21 Tucker for day care? 22 A Yes. 23 Q Would you like his day care to go part-time 24 or him to spend less time there? 25 A No. 39 • • 1 Q Why not? 2 A He's learning there. He's growing, and it's 3 not just a day care where they sit them down and they let 4 them play and they just kind of watch them play. It's very 5 much a teaching place, too. They learn. They have 6 structured learning plans. 7 They -- especially with, like I said before, with 8 the rules and with sharing, those are big things that Tucker 9 is really getting out of day care as well as having friends, 10 getting those interpersonal relationships with other 11 children his age is very important. 12 Q Let's talk a little bit -- 13 THE COURT: Let me ask you, if you didn't 14 work, would you want the child to go day care if you were 15 home? 16 THE WITNESS: If I was home? 17 THE COURT: If you didn't have to work, like 18 one of those old TV shows, Leave it to Beaver, where the 19 mother didn't work, she was in the house the whole day, 20 would you want the child to go to day care if you were home? 21 THE WITNESS: Some days. I would still like 22 him to go some days to have that interaction. 23 THE COURT: Okay. 24 BY MS. HAGGERTY: 25 Q Let's go back a little bit with the history. 40 • • 1 You heard a little bit from Jared. You guys were together 2 in a relatio nship when Tucker was first born? 3 A Yes. 4 Q Where did you reside at that time? 5 A I lived with my parents in Camp Hill. 6 Q And what was the initial custody arrangement? 7 A After our first conciliation? 8 Q No, prior to that. Prior to -- 9 A Before anyone filed, he came over -- when we 10 were togethe r, he came over some weeknights to see him for a 11 few hours in the evening, put him down. We all ate together 12 when we were together, and we played with him. There 13 weren't ofte n a lot of weekends when he would come over for 14 the full day or for both days over the weekend or even on 15 Monday when he wasn't working. 16 Q And then after you guys separated, what 17 happened? 18 A He would still come over -- when he was 19 allowed in our house, he would still come over for a few 20 weeks or for a few evenings for a few hours to see him and 21 to put him down. Sometimes he would take him Sundays over 22 to his mother's, and they would watch him over there and 23 then I would pick him up. 24 Q What prompted the filing for custody then? 25 A I realized that we really needed to have 41 • • 1 something set in place that neither one of us could go 2 against. I thought it would be better for Tucker, and it 3 would be better for us in the long run. 4 We wouldn't have to fight over which day we had 5 him and when we wanted him. It would just be set in stone, 6 and we would go with that barring any requests that, you 7 know, if I wanted him a few extra hours or if I was going 8 out of town and said would you like to watch him if I'm 9 going to be away, anything like that. 10 Q And what happened at the conciliation? 11 A At the conciliation he was given every other 12 weekend and every Monday. 13 Q And that was by agreement? 14 A Yes. 15 Q From the time of conciliation up through the 16 time the modification was filed, were there ever times where 17 requests outside the court order were made and granted extra 18 time? 19 A After the conciliation? 20 Q Yes. 21 A A few here and there. There wasn't a lot. 22 Q Requests made or requests granted? 23 A Either. 24 Q How long did you live with your parents prior 25 to moving out on your own? 42 • 1 A Since I came back from college, I have been 2 living with my parents up until last November. 3 Q And how long were you with your boyfriend 4 before you guys found a place together? 5 A Over a year. 6 Q Is that important for you to make sure that 7 if Tucker was introduced and have that relationship before 8 you moved in together? 9 A Very, very important. I wanted to make sure 10 that he was comfortable around both of us, that Rob and I 11 were something that was going to last. I didn't want people 12 going in and out of Tucker's life. That wasn't ever 13 something that I would have been okay with. 14 Q And how many bedroom home do you guys have? 15 A Two. 16 Q Two bedroom. Tucker has his own room? 17 A He has his own room and his own bathroom. 18 Q To be clear before going too much farther, 19 you know we're here on a modification of custody. What 20 would you like to see happen? 21 A I would like for the arrangement to stay as 22 is. If there would -- if he wanted an extra evening, like 23 to move what he has, what we had originally offered at the 24 last conciliation was that he would have an extra evening in 25 the middle of the week so that he wouldn't have to go so 43 • • 1 long in between seeing Tucker. He requested that it be on 2 Monday because that would work best for him with his work 3 schedule, so that's what we went with. 4 Q I'm going to touch on some of the points that 5 were requested by Mr. Reiber. He is requesting that the 6 order be changed to a 2-2-3 schedule. 7 A Um-hum. 8 Q Why do you disagree with that? 9 A As of right now, the amount of actual 10 physical quality time that we have with our son is about 11 even. It's almost exactly the same, barring the time that 12 he's in day care. The amount of time that he gets to spend 13 with him when he is in his custody and the amount of time 14 that I get to spend with him when he's in my custody is 15 about the same. 16 I get maybe three hours in the evening-when I pick 17 him up from day care around five until eight when he goes 18 down to bed and then every other weekend. Jared has a full 19 over eight hours on Monday and then every other weekend, so 20 that would be my main reason for keeping it the same. 21 Q You understand that Jared is not working 22 right now? 23 A Yes. 24 Q Is it your anticipation that he would be 25 working again? 44 • • 1 A I would hope so. I think that would be his 2 goal. It would be my goal. 3 Q And what concerns do you have if the order 4 would change now and then have to change again quickly once 5 he gets a work schedule again? 6 A My concern is interrupting Tucker's schedule, 7 his routine. Routine is very important to children this age 8 or children in general, and for Tucker to be taken out of 9 day care for several weeks and be allowed to go and play 10 whenever he wants and, you know, do whatever he wants to do, 11 and then have to go back into day care two, three, four 12 weeks later, one, I might not get his spot back, which would 13 be a big detriment to him, and, two, if I would by chance 14 get his spot back, for him to be able to fall back into that 15 routine that he's adjusted to so well would take several 16 weeks or months for him to do. 17 Q You had touched a little bit on the day care 18 situation. Mr. Reiber is also asking that his fiancee be 19 permitted to pick Tucker up at day care. Pending maybe her 20 status as a stepmother, do you have concerns about that? 21 A I would say my main concern is that if Jared 22 isn't able to pick him up, he's not going to be the one 23 spending time with him. And I'm not saying that, you know, 24 Rob couldn't spend time with him if I'm not there or that 25 she could not spend time with him if he's not there, my 45 • • 1 concern is that if I'm giving up the time that I have with 2 my son, I would like it to be for the other parent. 3 Also I think that if he is off early or if that's 4 his day, that he should pick him up. If he can't be there 5 for whatever reason, he could certainly call the day care 6 and say I have an emergency pick up person because I'm stuck 7 in traffic or I'm, you know, at a doctor's appointment and I 8 thought I would be out sooner, then he can certainly call 9 and ask for her to be an emergency pick up person, but I 10 would also like for that to be run by me just so I know 11 where he is. 12 Q How would you say that you and Jared do in 13 terms of sharing that type of emergency information right 14 now? 15 A I would say that it's not perfect, but it's 16 -- for where we are I think it's reasonable. 17 Q Recently, just to talk about emergency 18 situations, I guess not too recently, several months ago, 19 you had -- there was an issue with Tucker having to go to 20 the emergency room? 21 A Yes. 22 Q And were you able to communicate that to 23 Jared? 24 A Yes. Tucker had been with Jared that 25 weekend. He had gotten sick over there. Jared had told me 46 • • 1 that he had called the doctor because he was so sick. He 2 made an appointment for him for that Monday to take him in 3 because it was -- he had a very, very bad stomach virus. 4 I met them over at the appointment. We took him 5 in and they said just to keep an eye on him overnight. 6 Since it was Monday and it was, I think, maybe 4:00, we 7 agreed that I would just take Tucker home, that way none of 8 us would have to go back across the river and just turn 9 around and go back home again. 10 I took him home, noted that Tucker still was 11 having problems keeping anything in, fluid, food, anything, 12 and I called the doctor's office again to let them know that 13 he was having some problems and if I should take him to the 14 hospital or if I should bring him back in. 15 They said I should wait, so I called Jared and let 16 him know that I was calling the doctor's office. They said 17 to watch how he was overnight. And he said okay, let me 18 know if there's any big changes, and I said all right. 19 The next morning I had to call the doctor's office 20 because there wasn't any improvement at all. Tucker had 21 actually gotten worse. So they said to take him right into 22 the hospital. I told Jared that -- once I got off the phone 23 with the doctors, I told Jared that I had to take him in and 24 we were going to leave right then. 25 He said all right. He said he would be there as 47 • • 1 soon as he could, but he was it Lancaster. So he got there 2 I think -- I think I was in the hospital about three and a 3 half hours or so before he showed up. 4 Q So you had no -- you were able to communicate 5 what was going on with him throughout that incident? 6 A Yes. 7 Q And you would like that to be maintained? 8 You want to be able to communicate with one another? 9 A Absolutely. 10 Q In their memorandum to the Court, they 11 indicated that Jared would like Tucker to go to Canada with 12 them. What are your concerns or reservations there? 13 A My main reservation would be if there's any 14 major incident, accident, he gets sick, what have you, the 15 health care system in Canada is not that great. My concern 16 would be for his well-being while he's there, not saying 17 that Jared can't take care of him if he's sick or if he has 18 a cold, but, you know, if there's any extreme circumstances 19 he would need to go to the doctor's or the hospital, that's 20 the problem. 21 MR. PETRIE: I would object to that, Judge. 22 I'm not sure if she has any basis for any opinion regarding 23 the Canadian health care system. 24 THE COURT: I'm going to overrule that. 25 There are a lot of people who have opinions about the 48 • • 1 Canadian health system. Whether they're right or wrong, she 2 has an opinion. She voiced it, so I'll allow it. 3 MR. PETRIE: All right. 4 THE WITNESS: I would also say that if 5 something should happen, I'm not saying that anything would 6 go wrong, but I would like for Tucker to be able to tell me 7 that he's okay before I let him go out of the country. 8 BY MS. HAGGERTY: 9 Q So you're saying that it's not something that 10 you would necessarily be opposed to forever, you would just 11 like him to be a little older? 12 A Yes. 13 Q You had heard Jared's testimony regarding the 14 holiday schedule request change. What's your thoughts on 15 what he's requesting? l6 A My main thing would be that when we have him 17 for the holidays, when we have him in general, Tucker is 18 with us. He's with myself and Rob. And for the holidays, 19 he's with my family. He's with people he knows and people 20 he loves. 21 He's with his great-grandmother for every major 22 holiday that I have him, and having a great-grandmother you 23 never know how long that's going to last, and she absolutely 24 adores him. 25 So I would say that, you know, since we're so 49 • 1 close to each other, family can always come to you. It's 2 never ,- family shouldn't have a problem coming to you when 3 you have a child, so I would say that it would be better to 4 have it split so that he can see both of us. 5 Q Have you considered that a benefit, the fact 6 that you and Jared live so close together and can share 7 those major holidays? 8 A Yes. It is hard sometimes. I do realize, 9 you know, sometimes you're only there for a little while and 10 it is hard, but I think the time that Tucker gets to spend 11 with his family, with his extended family, with people that 12 love him is really important. 13 Q And you're saying that on both sides of the 14 table? 15 A Yes. 16 Q And, finally, you had heard testimony from 17 Jared indicating that he feels the schedule should be equal 18 because the parenting skills are equal. You know, 19 .regardless of some issues that you've raised just now,. what 20 type of -- do you have any major concerns about Tucker being 21 with Jared? 22 A Not any major concerns. The only thing I 23 would say is that Jared was in the hospital for several 24 weeks last fall, and any instance like that I just want to 25 make sure that Tucker is well taken care of, which I know 50 • • 1 if that would happen again, Jared would let me know and if I 2 couldn't be there right away I know that he would have 3 someone responsible looking after him. 4 Q You had testified regarding Tucker's most 5 recent little stay at the hospital. Prior to that, you had 6 -- had you had any other major issues medically with Tucker? 7 A Tucker had to have tubes put in his ears. 8 That was -- he's had them for over a year now, so it was, I 9 think, not this past spring, the spring before. That was a 10 major surgery for him, and it was pretty awful for me, too. 11 Jared was working that day, so I went in and took him by 12 myself. 13 Q So you did that one alone? 14 A Yes. 15 Q And then was there another major -- I guess 16 I'll define it as major -- medical issue that you had 17 tested? 18 A Jared really wanted Tucker to be tested for 19 allergies. That was something -- Tucker was always getting 20 little colds and runny noses that would last for weeks and 21 weeks and weeks, so he really wanted him to be tested for 22 allergies. 23 We had to take him in the first time to Quest 24 Diagnostics for blood testing to be done, and there was only 25 one attendant there at the time. So I had to hold .Tucker 51 • • 1 while Jared was irL the room. He helped me hold him to keep 2 him from moving. 3 No chi.l~:,i that ago 19. ~~~.~ n~E~d?.es or anything, so 4 she was having a very, very hard time getting any blood 5 because he was so tiny. So after it didn't work the first 6 time, she said she was going to have to try something else. 7 Jared swore under his breath and left the 8 building. The next time, since they didn't get enough 9 blood, they wanted him to be seen by an actual allergist to 10 do a scratch test, so I believe Trish made the appointment 11 for him to see an allergist. 12 We took him that day. We sat and he explained to 13 us what he was going to do. We went over into the other 14 room. The nurse prepared the scratch test, asked us what 15 specific allergies they would like us to have him tested 16 for. 17 And they placed -- I'm not sure what kind of -- 18 what it's called really, but it's a hard plastic object, and 19 they put a few drops of something on them and place it on 20 his back and really dig it in to the point where, of course, 21 he was crying and screaming and upset. 22 And when she left the room, Tucker really wanted 23 to sit in our lap. He really wanted to sit with Jared, so 24 he crawled over to him and asked to sit in his lap. And he 25 always likes to sit kind of with his back facing you and 52 • • 1 leaning up against you, but since it was on his back he 2 couldn't lean back. 3 And he was really, really upset and he was crying. 4 He really wanted to be with Jared. Jared said I can't do 5 this and put him -- put Tucker in my arms and left the room 6 again. So I sat with Tucker crying and screaming for the 7 next five or so minutes until Jared came back in. 8 Q And those are pretty big issues, so while 9 you're saying you're not concerned that Jared can take care 10 of Tucker on a day-to-day basis, have those incidents caused 11 you some conc ern? 12 A A little bit, yes. 13 Q You had indicated you live in Mechanicsburg? 14 A Yes. 15 Q How close does your family live to you? 16 A My parents live about ten minutes or less. 17 Rob's family lives over in Harrisburg, so they're also 18 pretty close. 19 Q How would you describe, you know, a typical, 20 I guess, fun day, weekend day, that you have with Tucker? 21 A Well, over the summer Rob's parents have a 22 pool, so Tuck er is a little water bug. He absolutely loves 23 being in the pool. So most weekends when Rob gets off early 24 on a Saturday or he has Sunday off, we go over there, spend 25 the day over there with his family. Tucker is in the pool 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 for most of the day, and we hang out over there. He plays, runs around. He has a really good time. Q And your relationship with Rob at this point, how would you define it? A I would say it's very serious. I would say hopefully one day -- Q And at this point do you have Rob authorized to pick up Tucker at day care? A I do not. Q And would you see that change if you two would get married at some point and he would be his stepfather? A Possibly. Q In your current custody order, there is a proposal for each of you to have a week's vacation over the summer or at least at some point throughout the year. You had heard Jared's testimony, but do you have any recollection of him taking that time? A No. Q And I guess just looking now, each party is entitled to two non-consecutive weeks, is that what your understanding is? A Yes. Q And, again, what are you requesting at this time from the Court? 54 • • 1 A That the custody arrangement would stay the 2 same or change minimally. 3 MR. PETRIE: I have no further questions. 4 THE COURT: Cross-examine. 5 CROSS-EXAMINATION 6 BY MR. PETRIE: 7 Q Ma'am, do you think that your son deserves as 8 much as he can possibly get from his father? 9 A I think -- 10 Q Do you think that he has a right to all the 11 good things his father can offer? 12 A Yes. 13 Q And in your opinion he gets all of those good 14 things a couple weekends a month plus a Monday? 15 A Yes. 16 Q And that's enough? 17 A Is it ever enough? 18 Q Well, I'm asking -- let me ask the questions. 19 Is that enough, in your opinion, for your son to benefit 20 from his father's life? 21 A In the situation we're in, yes. 22 Q Now, you've indicated that if you were not 23 working -- in response to Judge Ebert's question -- if you 24 were off work, you'd still send your son to day care, is 25 that right? 55 • • 1 A Some days for the learning. 2 Q How many? ~~ A I would say two to three maybe. 4 Q Two to three full days a week he would be 5 raised by someone else, is that your -- 6 A I would say he would be learning from adults. 7 Q Okay. That you couldn't teach him? 8 A I don't have other children running around my 9 home for him to interact with and learn to share with. 10 Q So if there are other children at Mr. 11 Reiber's home -- 12 A I would say he would still probably need to 13 go to day care. 14 Q Okay. So if there are children in the 15 apartment complex, children at the playground, your son 16 needs to be away from his father in order to benefit, in 17 order to have a better life? 18 A Not to have a better life, but to learn 19 different skills and to develop the way that a child should, 20 yes. 21 Q So you prefer -- so three days a week in a 22 day care are preferable to you than -- really that child is 23 going to do better and learn more than a child who stays at 24 home with a parent? 25 A I would think in a structured learning 56 • 1 environment in my opinion. 2 Q And you're aware that there's a world of 3 people who haven't gone to day care -- 4 A Yes. 5 Q -- that succeed in life? 6 A Yes. ~ Q But you're telling Judge Ebert that people 8 -who have gone to day care in their infancy are going to have 9 learned more and will achieve more or what's the goal? 10 What's the end result of all this? 11 A I want my son to have every possible 12 opportunity to learn and to grow and to have access to 13 everything that he needs to have access to, to be a better 14 person. 15 Q And being with his father won't achieve that, 16 will it? 17 A His father as well as myself, we can't teach 18 him everything that he needs to know. 19 Q But the day care can? 20 A It's an extra tool. 21 Q So tomorrow is Thursday, right? 22 A Yes. 23 Q What's the harm to your son if his father 24 picks him up from day care at 10:00 and spends the day with 25 him? What's your son losing by being with his father 57 • i 1 tomorrow? 2 A I would say the main thing would be that it's 3 a break in his routine. Not that it's necessarily a huge 4 detriment that he's spending the day with his father, but 5 it's a break in his routine. 6 Q And do you think Tucker would view it as not 7 necessarily a d etriment but do you think Tucker would be 8 pretty excited and happy to see his dad? g A He would be happy to see his dad. He would 10 be happy to see myself as well. 11 Q Okay. Sure. Sure. But overruling all of 12 that is his cri tical need for structure that replaces the 13 parents, is that your theory? 14 A I think it's important to have both. 15 Q Okay. So if tomorrow he spent half the day 16 at the day care and half with his father, would he get both? 17 A He would. 18 Q Would that be okay with you? 19 A It wouldn't be ideal. 20 Q Would it be all right with you? 21 A If necessary. 22 Q Well, if necessary for what, ma'am? 23 A If it's viewed necessary by the Court. 24 Q So you wouldn't agree to it? You don't -- 25 you personally don't think it's in your son's best interest 58 • • 1 to spend time away from the day care tomorrow with his 2 father? It's going to take an order from Judge Ebert to 3 accomplish that, is that what you're telling us? 4 A I want to do what's best for my son. 5 Q And I hate to beat around the bush, but I 6 just want to hear one. more time that it's better for your 7 son to be in day care tomorrow than to be with his father, 8 is that what you want to tell us? g A In my opinion. 10 Q Now, I'm also a little hazy on your math. I 11 think your theory is that by dad having Friday, Saturday, 12 Sunday, and a Monday and then an alternate Monday, that his 13 -- I think you referred to it as quality time hours are 14 exactly equal to yours even though you have every Tuesday 15 evening through Friday or really Tuesday evening through 16 Sunday of one week, am I right? 17 A Um-hum. 18 Q You follow me? 19 A And then you have Tuesday evening through 20 Thursday of the second week. Somehow your numbers are equal 21 and that's shared? 22 A I'm not saying it's exactly the same, but 23 it's close. 24 Q How close is it? 25 A It's close enough to be reasonable. 59 • • 1 Q And you're trying to be reasonable? 2 A Yes. 3 THE COURT: If I understand the way you make 4 that calculation, you discount totally the sleeping time and. 5 waking up? 6 THE WITNESS: Yes. ~ THE COURT: It's just when you're playing 8 with him, and you think that's equal to dad's right now? g THE WITNESS: Yes. 10 THE COURT: Let me ask you this. I'm sure 11 your counsel has reviewed lots of potential orders in this 12 case. I can count ninety percent of the time when the child 13 begins going to school, and you have to pick, one parent 14 traditionally gets the week day, and then you have the 15 alternating weekends. But there comes a time if you have 16 the school year, then father gets the whole summer. How 17 would you deal with that? 18 THE WITNESS: (No audible response.) 19 THE COURT: I think what counsel's point is, 20 is it your expectation that from now when the child is two 21 years old until he's eighteen that he'll only see father 22 every other weekend? 23 THE WITNESS: Not necessarily, not until he's 24 eighteen, no. 25 THE COURT: You wouldn't find that realistic, 60 • • 1 would you? 2 THE WITNESS: Until he's eighteen, no. 3 THE COURT: I'm sorry, Mr. Petrie. 4 BY MR. PETRIE: 5 Q Well, until what age, three? 6 A No. 7 Q Well, give us a number. g A I would say when he's -- I don't know maybe 9 in middle school. 10 Q So this is fine until he's in middle school? 11 He needs day care and school to learn but not his father to 12 learn from. He doesn't need his father until middle school? 13 A I'm not saying that he doesn't need his 14 father. He needs his father and he needs -- he needs his 15 parents in general, but it's important to have schooling and 16 education and a place for him to learn. 17 Q So he needs his father every other weekend 18 and every other Monday until middle school and then he might 19 need him a little more? 20 A Every other weekend and every Monday, 21 possibly, yes. 22 Q But no more than that? 23 A For right now I don't think it's 24 unreasonable. 25 Q And you don't think it would be unreasonable 61 • • 1 in response to Judge Ebert's question that this continue 2 through middle school? 3 A When Tucker gets old enough to tell us what 4 he wants and to tell us what he would like, ideally I would 5 hopefully like to go with that as well and factor that in. 6 Q So what he wants is a factor in the equation, 7 is that correct? 8 A Yes. 9 Q Now, you don't see a problem with holidays 10 that where he ends up is -- a lot of children in these 11 situations, and believe me because the folks in the legal 12 profession see this kind of thing where kids get two 13 Thanksgiving dinners, they're sort of yanked from one dinner 14 and then they have to proceed to the next and then they've 15 got to eat again. 16 Is that the kind of style you're proposing for 17 Tucker say on Thanksgiving or on Easter or -- is that what 18 you're looking for, that he has to -- he gets settled in one 19 place and is having a great time with the kids in that place 20 and suddenly it's now mommy's time and now he's got to 21 transition and he's got to ride in the car and go to yet 22 another party. 23 You like that for your son? Is that what you want 24 to select for your son, that style, instead of staying all 25 day with the same kids one year and all day -- and not be 62 • • 1 disrupted -- in another year. You prefer the disruption? 2 A Our situation is not ideal, but I'm trying to 3 make the best of it and I think for right now it's important 4 for him to see both families. 5 Q On the same day? 6 A Yes. 7 Q And the disruption be damned, right? 8 A Not necessarily. 9 Q I know you like to use the not necessarily, 10 but is that a yes or a no? .You're okay with it right now 11 as you proposed, right? That's the present arrangement? 12 A Yes. 13 Q And Jared has indicated to the Court why he'd 14 like to change that because basically the problem that I've 15 identified for you, but you don't want to change that? You 16 disagree with Jared in terms of what's best for Tucker by 17 suggesting that this two meal a day situation, being 18 comfortable at one spot, taken from that spot, placed with 19 other kids doing other things in the next family 20 arrangement, that's good for him? 21 A He handled it okay last year. 22 Q How old was he? 23 A He was about a year and a half. 24 Q At a year and a half he handled it so he 25 should be able to handle it going forward? 63 • • 1 A For now, yes. 2 Q Well, how long is now? Before now? I mean 3 you use not necessarily and for now. Tell me for how long 4 is that goin g to be in his best interest? 5 A I don't know. 6 Q All right. Do you have plans to marry, 7 ma'am? 8 A I do. 9 Q What is your date? 10 A Not set ire stone plans . 11 Q But the date you're thinking of, are you 12 thinking of a date? 13 A We aren't currently engaged. 14 Q And do you and Trish get along at all? 15 A I would say we tolerate each other. 16 Q Is there any level of threat that Trish and 17 her family might pose to you? Is there anything that 18 frightens you about her involvement with Tucker? Are you 19 afraid that if Tucker loves her that he would love you less? 20 A No. 21 Q Do you think there's room in Tucker's heart 22 for all of the people in both families, and I guess really 23 in four fam ilies, your family, Rob's, Trish's, and Jared's, 24 is there room enough in his little heart for everybody? 25 A Yes. 64 • C7 1 Q And it doesn't diminish his love for you, 2 does it? 3 A Of course not. 4 Q You're still mom. It doesn't diminish his 5 love for dad, am I right? 6 A No. ~ Q Well, was there a time a couple of weeks ago 8 that Jared was sick at the day care within the last -- 9 sometime in August. Do you recall him having a sick -- 10 A Tucker? 11 Q Tucker. I'm sorry, Tucker. 12 A Okay. A couple of weeks ago? 13 Q Yes. 14 A I've pulled him out a few times. 15 Q But what was it this year, this summer in 16 August? 17 A He's -- yes, he was sick last Friday. 18 Q And he was at the day care? 19 A Yes. 20 Q And what happened? 21 A He had thrown up twice, so they called me and 22 let me k now that he was sick and I went to pick him up. 23 Q And then where did he stay? 24 A He stayed with me at my house. 25 Q Now, did you know that Jared was off work 65 • • 1 that day? 2 A Yes. 3 Q So you took a day off from work to spend with 4 your sick son when Jared was already home and could have 5 picked him up and taken care of him? 6 A I worked half the day. I wasn't that busy in 7 the office that day. It's a little slow right now, so I 8 took time off to go get him. 9 Q And it wasn't just an attempt to diminish 10 Tucker's time with his dad? 11 A No, I actually offered if you would like to 12 pick him up a little early. He picked him up at five 13 instead of six. 14 Q So when did you offer that extra hour? 15 A We discussed it when we talked about how he 16 was doing. 17 Q Now, have there been times when it's Jared's 18 evening with Tucker and in the past that he didn't go to the 19 day care to pick him up but you went to the day care like on 20 a Friday and picked him up and gave him to Jared. Was that 21 a pretty regular pattern for awhile? 22 A When Jared was -- I'm sorry, I'm not 23 understanding your question. 24 Q When Tucker would be at day care and it's a 25 Friday or a Monday time for time to be with dad, were there 66 • • 1 times when you picked him up at the day care? Instead of 2 letting dad pick him up directly at the day care, did you 3 pick him up at the day care and deliver him to dad or meet 4 dad somewhere or has dad always picked up at the day care? 5 A I've always picked him up at the day care and 6 Jared's time to pick him up is at 6:00. Tucker needs to be 7 picked up by 5:30. 8 Q So if Jared had been available at 5:30, would 9 that have been okay to pick him up at the day care, just he 10 couldn't get there, is that what you're saying? 11 A I can be there by five, so -- 12 Q I guess my question is, does it always have 13 to be you picking up Tucker at the day care? 14 A Not always. 15 Q But most of the time. I'm talking about 16 Jared's nights. 17 A Jared's nights, it depends when he can get 18 there. If I can get there, and there are things that I have 19 to get from the day care to be ready to take him in on his 20 next day for the next week, so there are things that I have 21 to pick up and have ready. 22 Q So your proposal is what we have now, every 23 other weekend plus a Monday? 24 A Um-hum. 25 Q So it's Friday to Monday. The next time that 67 • • 1 Tucker sees dad is a full week later on that Monday, right, 2 the next Monda y, right, but I think you're willing to throw 3 in a couple ho urs somewhere in between, is that your offer? 4 A At the last conciliation I offered an evening 5 in the middle of the week. That didn't work for him 6 schedule-wise, so we added a few hours on Monday. 7 Q Right. 8 A So if he would like an evening in the middle 9 of the week, t hat's fine. 10 Q Okay. And that's it? That is suffici ent for 11 Tucker to have time with his father? 12 A Yes. 13 MR. PETRIE: That's all I have, Judge. Thank 14 you. 15 REDIRECT EXAMINATION 16 BY MS. HAGGERT Y: 17 Q I think that the language that was used is 18 disruption be damned. You prefer that this schedule remain 19 with Tucker? 20 A (Witness nods head affirmatively.) 21 Q You and Jared are no longer together? 22 A Right. 23 Q Your lives have been disrupted? 24 A Yes. 25 Q That's not going to change, is it? 68 C. C7 1 A No. 2 Q So therefore you are faced with having to 3 make the best of a Thanksgiving Day and try to see both 4 families? 5 A Yes. 6 Q You're forced with trying to make the best of 7 an Easter Day and have Tucker see both families? 8 A (Witness nods head affirmatively.) 9 Q And you already share a chunk of time around 10 Christmas, is that correct? 11 A Yes. 12 Q That's not going to change, is it? 13 A No. 14 Q But you don't want to miss Thanksgiving for 15 one year or Easter for another year, is that right? 16 A Yes. 17 Q And you don't feel that Tucker should miss 18 that time with his dad? 19 A No. 20 Q I believe on direct examination you had 21 indicated that you had some extended family, and that's a 22 sensitive issue for you, and you want to maximize Tucker 23 having as much exposure to those family members as possible? 24 A Yes. 25 Q So disruption be damned, you're going to make 69 • • 1 the most out of Tucker's time with his whole entire family? 2 A Yes. 3 Q You've also been asked an extended line of 4 questioning about how Tucker needs his father. He needs his 5 father or he needs his father all of this time. Well, has 6 his father been there? 7 A Not always. 8 Q At the beginning of your separation, he came 9 over to your house to see him? 10 A Yes. 11 Q It was after you went to conciliation that 12 Jared started getting overnights with Tucker, isn't that 13 right? 14 A Yes. 15 Q And now he's asking for more time because he 16 needs his fat her. He wasn't there for some very traumatic 17 times in Tuck er's life for these medical problems. He needs 18 to go to day care on Mondays fairly regularly, even though 19 that's Jared' s time, his father's time specified, even 20 though that's his father's time, that's when his father 21 always makes his doctor's appointments, isn't that correct? 22 A Yes. 23 Q Personal doctor's appointments and makes his 24 other appointments because that's when he's not working? 25 A Correct. 70 • 1 Q At this most recent conciliation, you were 2 just testifying that we were trying to make offers for more 3 time, another n ight during the week, is that right? 4 A Yes. 5 Q And that didn't work because of his father's 6 work schedule? 7 A Yes. 8 Q He specifically said I'll just keep it all on 9 Monday because that's easier for me. That works for me. 10 A Yes. 11 Q And this whole schedule that has been in 12 place has been in place because of his schedule? 13 A Yes. ' 14 Q He got up early so he couldn't really do any 15 of the time during the week? 16 A Right. 17 Q Except now that he has Trish? 18 A Right. 19 Q And he worked late so he couldn't really be 20 responsible to do some of the other things? 21 A Right. 22 Q Except now that he has Trish? 23 A Right. 24 Q And you're talking about Tucker being sick, 25 and you go to pick him up? 71 • • 1 A Yes. 2 Q Have you ever called Jared and said Tucker is 3 sick. I need someone to pick him up at day care. Can you 4 go get him? 5 A There were a few times. 6 Q And what was your answer? 7 A I'm working. 8 Q Now, your work is pretty flexible, is that 9 right? 10 A Yes. 11 Q If you need to, you can pick up, leave, go to 12 get him if you need to get him out of day care? 13 A Yes. 14 Q And now, finally, on the day care, you're a 15 big proponent of day care, right? 16 A Yes. 17 Q In a perfect world, you would not -- you 18 would love to have all the free time in the world for you to 19 spend with Tu cker and ali the free time for Jared to spend 20 with Tucker, is that right? 21 A Yes. 22 Q Because you recognize you both need to work, 23 you balanced these decisions and decided that a structured 24 environment i s better for him? 25 A Yes. 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 Q You heard Jared on the stand, and he said, I like day care, too, and I want him to stay there and I want him to maintain his full-time status, but yet you're asked all these questions about day care is horrible, okay. You get regular reports from day care? A Yes, daily sheets. MS. HAGGERTY: Your Honor, may I approach? THE COURT: You may. (Whereupon, Defendant's Exhibit Nos. 1 and 2 were marked for identification.) BY MS. HAGGERTY: Q I'm showing you what's been marked as Defendant's Exhibits 1 and 2. Can you identify what No. 1 is? A Number 1 is a developmental continuum for -- specific to Tucker. Q And what is No. 2? A Number 2 is a personalized developmental continuum for him more tailored to things that he's done since he's been at that day care. Q And this outlines some of the benefits that he's received from day care? A Yes. Q This is the same information that Jared has always had access to? 73 • • 1 A Yes. 2 Q Is Tucker thriving in day care? 3 A Absolutely. 4 Q You were asked repeatedly what about 5 tomorrow. Wouldn't it be great for tomorrow for Jared to 6 spend tomorrow with his dad, I mean for Tucker to spend 7 tomorrow with his dad. If you were able to look at tomorrow 8 in a bubble, that would be all right, wouldn't it? 9 A Yes. 10 Q But if you want tomorrow to be every week and 11 tomorrow would be happening all the time, is that disruptive 12 to Tucker? 13 A Yes. 14 Q Would it be preferable to you to be able to 15 have, you know, some flexibility but maintain the general 16 stability in Tucker's life? 17 A Yes. 18 Q Finally you were asked, and I'll take this 19 slightly out of context, if Trish is a threat to you or if 20 Trish threatened you in any way. There's been some 21 activities that Trish does that you feel threatened Tucker's 22 safety, don't you? 23 A Perhaps, yes. 24 Q Are you pleased with the fact that there have 25 been pictures of Tucker splattered all over Facebook and the 74 • 1 Internet? 2 A No. 3 Q Why does that concern you? 4 A Because I don't think it's safe for a child 5 his age. I recognize there are some parents who have 6 pictures of their children everywhere on Facebook, My Space, 7 etc., but I don't think that's a good idea at all. 8 Q And Jared never discussed that with you 9 before that started happening, did he? 10 A No. 11 MS. HAGGERTY: I have nothing further. 12 THE COURT: Anything else? 13 MR. PETRIE: No. 14 BY THE COURT: 15 Q Just a little background. How old are you, 16 ma'am? 17 A Twenty-four. 18 Q And how far did you go in school? 19 A Two and a half years and a few classes at a 20 community college. 21 Q And where did you go? 22 A Duquesne University and then HACC. 23 THE COURT: Thank you very much. You may 24 step down. We'll go back to the normal schedule. Next 25 witness, Mr. Petrie. 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 MR. PETRIE: Trisha Erney. Whereupon, TRISHA LYNN ERNEY having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. PETRIE: Q State your full name and address. A Trisha Lynn Erney, 685 Gregs Drive, Apartment 76, Harrisburg, PA, 17111. Q And you are engaged to be married to dad in this case? A Yes. Q And dad, if he has it right, tells us that it's June 4th of next year? A Yes. Q He got it right? A He got it right. Q And where do you work? A I work at Hershey Medical Center. Q What do you do there? A I'm a secretary in the infectious disease office. Q And how old are you? A I'm twenty-four. Q And the extent of your education? 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 A I have a Bachelor's degree in biology and chemistry from the University of Pittsburgh, and I am currently in nursing school. Q Where are you in nursing school? A I start clinicals next August, so I'm done with my preliminary classes. A lot transferred from my bio degree, so I didn't have a whole lot to do. Q And where do you attend school? A I go to HACC. Q And you're presently residing with Jared? A Yes. Q And Tucker when he's there? A Yes. Q So mom in this case has raised concerns about your perhaps over-involvement, so why don't you address that issue. What role do you play in Tucker's life? A Well, when Tucker is at our place, I play a supporting role, I feel. Like Jared and I, we share the responsibilities of when he's with us. We share the play time. It's very family-oriented at our home. We're doing everything as a family. There is on very rare occasions that it's either Tucker and I or Jared and Tucker and I'm not there. I think we do a lot of hands-on activities with him. Q Okay. And tell me -- just give us a couple 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 of the hands-on things that the three of you do together. A Well, our most recent thing was I bought a canvas and had each one of our family members, Jared, myself, Tucker, and our cat Pika, we painted our hands and put our handprints -- I even let Tucker paint Pika's paw. She wasn't very thrilled with that, but we did it. So that was one of the recent things. For Christmas I had Tucker make gifts for all of his family, for my mom, for Jared's mom, my sister, my cousin, Jared's extended family, his aunts, his grandmothers, so I think I do a lot of creative things with him. Q Is this something that Tucker has done? A Yes, that is Tucker's Christmas present to his grandparents. We went to Michael's, the three of us, and picked out stuff to make ornaments. We sat there and held the ornament while Tucker painted it, and I obviously did the writing. That was his Christmas gift to his family. Q Now, as far as decisions to be made for Tucker, do you play any role in that? A Jared will ask me my opinion, but when it comes down to it, that is Jared's role to make the decisions for him. Q Okay. All right. And if there is a discussion between mom and dad in this case, do you -- 78 • • 1 what's your role in that? 2 A I try to stay out of it as much as possible, 3 just like with any other decision Jared and I discuss it. 4 He asks me my opinion. I give him my opinion and then it's 5 up to him to do with that opinion what he wants.' 6 Q And Tucker is actively involved with your 7 family as well? 8 A Yes. 9 Q And who is in your family? 10 A Well, my mom and my dad, they live in New 11 Ringgold, Pennsylvania. My brother just left last weekend 12 to go back to college. He's going to Chicago, Wake Forest. 13 My sister recently last summer got married. She has a 14 stepdaughter as well, and she lives right up the road from 15 my mom, so I have a niece and my sister actually just found 16 out she was pregnant, so we'll be having another one soon. 17 Q And as you observe Tucker, does he enjoy his 18 time with these folks? 19 A He loves my family. He loves going down 20 there. He is obsessed with his cousin Jordan, that's my 21 niece. As soon as she's around, the rest of us don't even 22 exist. He's very much attached to her and even his grannie, 23 that's what he calls my mom, his grannie and pop pop, that's 24 my dad. 25 My sister was building a house this summer, and he 79 • • 1 went up and would help pop pop work on the house with his 2 tools. He's just very close and very much a part of my 3 entire family. 4 Q And there are times when Jared's mom comes 5 over as well? Teli me about that. 6 A It is a routine every weekend that Jared has 7 Tucker, Christine stops on her way home from work on Friday 8 because she just can't go another second without seeing her 9 grandson. So she stops over on Fridays, and she'll usually 10 come up to the playground with us, and then when it gets 11 time for just family time, she takes her leave. Tucker 12 enjoys being at Nee Nee's house as well. We go there quite 13 a bit for cookouts and to play in the pool. 14 Q All right. And at issue here is your 15 involvement. If mom and dad are at work and you're not at 16 work or at school, would you like to spend a couple hours 17 with Tucker as opposed to him being in the day care? 18 A Absolutely. 19 Q And what kind of things would you do? 20 A I feel that we do a lot of learning 21 activities with him. We have one of those V-tech Leap Frog 22 things that really encourages his learning, the alphabet, 23 counting, and we do a lot of flash cards. 24 Like Jared said, he loves his flash cards. So I 25 do -- I feel that we both do a lot of hands-on activities 80 • • 1 down on the floor playing with him, engaging him. He's 2 never just sitting in front of a TV at our home. 3 He's always a part of everything we do, whether 4 it's grocery shopping or coming home and putting the 5 groceries away, he's a part of every activity we do. 6 Q And do you think he learns about what there 7 is to know about life from those activities? 8 A I think he does, and he gets the same rules 9 at our house that I'm sure day care does as well. It's not 10 like he gets to run wild. We have rules, too. 11 Q So he doesn't get to make his own choices? 12 A No. I'm sure he would like to but no. 13 Q And just one more issue, the holidays that. 14 are split now, our request is that those holidays be made 15 into full days and then be alternated year by year. Does 16 that help out Tucker in terms of having contact with your 17 family? 18 A I think so. I mean my parents live an hour 19 away. This past Thanksgiving, for example, Jared's part of 20 the day was the later part of the day. So when Jared had 21 picked him up from Mara's house, by the time we got to my 22 parents he was exhausted. 23 He had fallen asleep in the car, which is great 24 because that means he's having a good time with Mara, but 25 now we're at a holiday. We can only stay three hours 81 • • 1 because of the hour drive time, and he's sleeping. 2 So I do feel that it would help. I don't see 3 anything wrong with Tucker spending time just because it's 4 my family. I need to see my family, too, on the holidays. 5 Q And you're pretty much the family 6 photographer, is that right? 7 A I am. I have a camera glued to my hand when 8 Tucker is with us. 9 Q And you've taken some pictures? 10 A I have taken quite a few pictures. 11 MR. PETRIE: If I may approach. 12 THE COURT: You may. 13 (Whereupon, Plaintiff's Exhibit No. 1 was 14 marked for identification.) 15 BY MR. PETRIE: 16 Q Why don't you just very quickly walk us 17 through those pictures. 18 A Okay. The first one is at our apartment, as 19 it says, everything is labeled. And that was Daddy and 20 Tucker, supposed to be putting him down for bed. Instead 21 they fell asleep on the couch together. 22 The second one is at my parent's house. They have 23 an insane amount of toys for him, slip and slide, cars, the 24 ones he sits in and drives himself and -- 25 THE COURT: I'll tell you what. Given the 82 • • 1 hour, and there's a bunch of people yet to testify, 2 obviously I have the exhibit and you did a great job in 3 marking them. Where is this house in Canada? 4 THE WITNESS: It's on the back. It's in the 5 back section, yes. 6 THE COURT: And what lake is that? 7 THE WITNESS: It's called Wolfe Lake. It is 8 in Westport, Ontario. It's about an hour over the border, 9 not quite an hour over the border, and it is a three-story, 10 six-bedroom house. We have a skiing boat, a fishing boat, 11 kayaks, canoes, anything you could possibly imagine. 12 THE COURT: You say it's about an hour over 13 the border? 14 THE WITNESS: You go straight up 81 until you 15 reach the border at New York, and then once you cross the 16 border it's about forty-five minutes to an hour. 17 THE COURT: All right. 18 MR. PETRIE: That's all I have, Judge. 19 THE COURT: Cross-examine. Well, let me ask 20 you this. You just heard mother, the primary person 21 involved in this, and she doesn't like the Facebook thing. 22 THE WITNESS: I never knew that was an issue. 23 I have no problem if that is her request. 24 THE COURT: Do you think that is a proper 25 decision for her to voice her opinion on? 83 • • 1 THE WITNESS: Absolutely, and I would have no 2 problem making amends to that immediately. 3 THE COURT: Cross-examine. 4 CROSS-EXAMINATION 5 BY MS. HAGGERTY: 6 Q At the time that this matter was filed, Jared 7 was still working, right? 8 A The recent one, correct? 9 Q Yes. 10 A Yes, he was. 11 Q And in order for the schedule to work the way 12 it was proposed, you would be the one that would have to 13 primarily be responsible for Tucker in the morning, is that 14 right? 15 A Yes, I was going to be the one taking him to 16 day care. 17 Q And potentially in the evening if Jared 18 worked late? 19 A Based on his work schedule that was rare that 20 that would happen. 21 Q As far as holidays, do you feel that your 22 family should take precedence over Mara and Jared's? 23 A Absolutely not. 24 MS. HAGGERTY: I have nothing further. 25 THE COURT: Thank you, ma'am. You may step 84 • • 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 down. MR. PETRIE: Judge, in the interest of time, I have Trisha's mom and Mr. Reiber's mom. If I could just have them briefly at your discretion. THE COURT: If we're going to do it briefly. Again, hearing from grandparents, and I think I know exactly what's going to be said, especially the one coming from New Ringgold. I'll hear them briefly. Just go through it so I can get to mother's. MR. PETRIE: Ms. Erney. Whereupon, CINDY ERNEY having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. PETRIE: Q Good afternoon. Could you tell the Court your full name and address. A Cindy Erney, 409 Pleasant Valley Road, New Ringgold, PA, 17960. Q All right. And I think New Ringgold has two G's in it? A Correct. Q I want to make sure we get that right. You're Trisha's mom? A Yes. 85 • • 1 Q And what role do you play and does your 2 family play w ith respect to Tucker? 3 A We treat him like he's our own grandchild 4 even though h e's considered not blood. I don't care about 5 that. I love him, and he's an innocent victim, and he 6 didn't ask to be born into this world, and I'm not going to 7 make it tough for him. He will be treated like every other 8 grandchild I have, and same thing with my husband, we love 9 him. 10 Q So he's as welcome as the other grandchildren 11 at your home in New Ringgold? 12 A Correct. 13 Q And in a sentence or two tell us what he does 14 there? 15 A He has a lots of toys like Trisha said. I 16 spoil him rot ten. I can. I'm a grandmother. He has 17 sliding board s. He has a trampoline, slip and slides, pool. 18 Q Okay. 19 A He has a lot. 20 Q And what's available to him at your home in 21 Canada? This is a home you own, right? 22 A Yes. 23 Q How big is it? 24 A We have a hundred acres, and it's right on 25 the lake. We go water skiing, tubing, four wheeling. We 86 • • 1 have three kayaks, a canoe, a paddle boat. He has his own 2 life jacket, his own little chair, my husband is going to 3 make a huge sandbox for the grandchildren. 4 We bought this place in mind for our kids and our 5 grandchildren to come up and to enjoy and to have fun with 6 their cousins. That's what it's all about. 7 Q And Tucker is welcome there? 8 A Yes, he is. 9 Q And you think he would have a good time 10 there? 11 A He would have a great time. 12 MR. PETRIE: That's all I have, Judge. 13 THE COURT: Cross-examine. 14 CROSS-EXAMINATION 15 BY MS. HAGGERTY: 16 Q Why do you consider Tucker a victim? 17 A Why, because of what's going on. He's from a 18 broken home, and I feel bad for him, and I'm not going to 19 ever hold that against him or just because he's not my 20 blood. I love him. He's innocent. 21 MS. HAGGERTY: I have nothing further. 22 THE COURT: Tell me this. Obviously you get 23 to see this child and you know that the mother has had the 24 primary role in development. Does the child seem 25 well-behaved? He's a nice child? 87 • • 1 THE WITNESS: Yes, he's very good. 2 THE COURT: Thank you. Step down. 3 MR. PETRIE: Mrs. Reiber. 4 Whereupon, 5 CHRISTINE REIBER 6 having been duly sworn, testified as follows: 7 DIRECT EXAMINATION 8 BY MR. PETRIE: 9 Q Good afternoon, Mrs. Reiber. Could you tell 10 us your name and address? 11 A Christine Reiber, 4551 Clarendon Street., 12 Harrisburg, Pennsylvania, 17109. 13 Q And how far do you live from Jared's house? 14 A Takes me about eight minutes, eight to ten 15 minutes at most. 16 Q And what role do you play in this young man's 17 life? 18 A I'm Nene. I'm his grandmother. He comes 19 over. Most of the time I try and go there because it's 20 sometimes very hard for him to get around to everybody 21 because of the extended family, but when he does come over, 22 you know, I don't want to belabor the point. He plays in 23 the pool, loves the yard. He's an outside kid. He's a boy. 24 But there's something about when he comes in that 25 driveway in that car and looks at me through that glass, and 88 • • 1 he gets out and he runs full force. Nene. Nene. He falls 2 in the tomato patch, jumps right up, comes running in. He's 3 just all about love. He really is. He's a great little 4 kid. 5 Q And you go over to Jared's house? 6 A Yes, I do. We go to the park. He loves 7 wagon rides. We play indoors if it's hot; otherwise, we are 8 outside most of the time. He loves to run the baseball 9 diamond. 10 Q And you've had an opportunity to observe your 11 son in the last two and a half years or so as going from a 12 single man, no kids, to a father? 13 A Well, Jared at the very, very beginning was 14 very apprehensive, out of his comfort zone. Every man is 15 scared of a child, you know. For him he did the best job 16 that he possibly could with limitations that were placed on 17 him, but I have watched him grow. He is very comfortable. 18 He's very loving. He teaches. He's turned into an awesome, 19 awesome man and a very, very good father. 20 MR. PETRIE: That's all I have, Judge. 21 MS. HAGGERTY: I have no questions. 22 THE COURT: Ma'am, you can step down. 23 THE WITNESS: Thank you. 24 MR. PETRIE: We have no further witnesses, 25 Judge. 89 • • 1 THE COURT: All right. And you're moving for 2 admission of one? 3 MR. PETRIE: One exhibit. 4 THE COURT: Any objection? 5 MS. HAGGERTY:' No objection. 6 THE COURT: Plaintiff's Exhibit 1 will be 7 admitted to the record. 8 (Whereupon, Plaintiff's Exhibit No. 1 was 9 admitted into evidence.) 10 THE COURT: Ms. Haggerty. 11 MS. HAGGERTY: Rob Davenport. 12 Whereupon, 13 ROB DAVENPORT 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MS. HAGGERTY: 17 Q Could you state your name and spell your last 18 name for the record. 19 A Sure, Rob Davenport, D-a-v-e-n-p-o-r-t. 20 Q And where do you live? 21 A 308 Stonehedge Lane, Mechanicsburg, 17055. 22 Q And who do you reside with? 23 A Mara Freeman and Tucker. 24 Q And you've lived there as long as Mara has, 25 for about a year? 90 • _ • 1 A Yes, almost a year. 2 Q What do you do for a living? 3 A I'm in retail. I'm a store manager with 4 Tractor Supply Company. 5 Q How long have you worked with them? 6 A Two years for that company. 7 THE COURT: What company is it, sir? 8 THE WITNESS: Tractor Supply Company. 9 THE COURT: Tractor Supply? 10 THE WITNESS: Yes. 11 THE COURT: TSC? 12 THE WITNESS: Yes, sir. 13 THE COURT: Which one? 14 THE WITNESS: It's our new store in 15 Shrewsberry, PA. 16 BY MS. HAGGERTY: 17 Q How close are you -- how far away is your job 18 from your home? 19 A From home 35 miles. 20 Q Over the last year you have resided in the 21 same home with Tucker and Mara? 22 A That's correct. 23 Q How would you describe your relationship with 24 Tucker? 25 A As everyone else has stated, it doesn't take 91 • .~ ~ 1 long for Tucker to win your heart. I've learned a lot in 2 the past year. I would not consider myself any sort of 3 primary caregiver, so I'm more or less trying to help Mara 4 out and sometimes I feel like a servant with Tucker, so I 5 try to give him everything he's asking me for. 6 Q What kind of things do you guys do together? 7 A Well, when he gets home from day care, he's 8 always happy to be home, but the first thing he wants is 9 some apple juice and a snack, which I quickly grab that for 10 him. 11 Depending on the weather -- he has a bike -- and 12 sometimes we'll go out. We have a nice neighborhood to go 13 for a bike ride on his tricycle or just a walk. He likes to 14 play with rocks and find some neat rocks out in the dirt. 15 Lately he began enjoying Mickey Mouse so if it's 16 raining or it's too hot out, he'll ask to watch Mickey Mouse 17 and we'll watch an episode or two of that. 18 Q How would you describe Tucker's relationship 19 with his mom, with Mara? 20 A His mom is everything to him from what I see. 21 I mean when he leaves in the morning, when he comes home, 22 that's who he's asking for. He's excited to see his dad on 23 the Fridays when he comes to get him, so I'm not taking away 24 from that, but I think his mom is everything to him from my 25 viewpoint. 92 • • 1 Q Does Tucker have a relationship at all with 2 any members of your family? 3 A Yes,. most definitely. My parents own a big 4 pool, and in the summertime it's our family custom -- my 5 sister lives next door, so the family kind of congregates at 6 the pool, and there's lots of food and swimming. 7 And Tucker seems to think he's an excellent 8 swimmer. He has no fear, so we have to keep an eye on him. 9 My parents bought him a small inflatable pool last summer, 10 and that was fine for a couple weeks, but he prefers the big 11 pool. He just has absolutely no fear. 12 THE COURT: Where do your parents live? 13 THE WITNESS: In Hummelstown, right, outside 14 of Hershey. 15 THE COURT: Okay. 16 BY MS. HAGGERTY: 17 Q How would you describe your relationship with 18 Jared? 19 A I would say very civil. We've never had any 20 conflicts. I see him when we're picking up Tucker or maybe 21 when he comes to get him, but we've never had any incidents 22 or qualms or arguments. 23 Q And you have no problem communicating with 24 him if necessary? 25 A No. 93 • • 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 Who would you say is the primary disciplinarian in the house? A Definitely not me. That's something I'm working on, but Mara would definitely be the disciplinarian. Q And what type of discipline does she impose? A Simple things like no throwing inside. Tucker likes -- as everyone said, he's very active, and he would love to throw a basketball or baseball around in the house, so simple things that would be expected, no throwing, no running on the couches, which he likes to do sometimes. Q And who is -- when it comes to Tucker's, I guess his day-to-day or upbringing, who's the major decision maker? A Mara for sure. Q Do you offer opinions? Are you part of that at all or at her request? A I will chime in if I have an opinion on something. If she asks me for my opinion or thought, I would certainly offer that; but as far as decision-making, it's always her decision. Q And do you have an opinion on the positions of the parties here today and what would be in Tucker's best interest? A I do. I've been to his day care. I've never gone to pick him up aside from being with Mara, so I've met 94 • • 1 some of the people there and seen the kids interact, so I do 2 understand a nd agree that it is a good structured 3 environment, and he is learning there, and I just think it's 4 a very stabl e regimen that he's involved in right now, and I 5 don't see a problem with that. 6 MS. HAGGERTY: I have nothing further. 7 MR. PETRIE: No questions, Judge. 8 THE COURT: Thank you, sir. You may step 9 down. 10 MS. HAGGERTY: Becky. 11 Whereupon, 12 BECKY FREEMAN 13 having been duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. HAGGERTY: 16 Q Would you state your name and address for the 17 record. 18 A Becky Freeman, 321 Deerfield Road, Camp Hill, 19 17011. 20 Q And you are Mara's mother? 21 A Yes. 22 Q And who do you reside with? 23 A My husband, Lee. 24 Q You had heard testimony Mara resided with you 25 until about a year ago? 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 A That's correct. Q And she lived with you when Tucker was born? A Yes, she did. Q Describe Mara as she kind of grew up with Tucker so far? A I'm sorry? Q Describe Mara's relationship with Tucker and how she did from the time living in your house? A Well, she's been a wonderful mother ever since Tucker was born. She's just a very good mother, very good instincts. She's very protective. Q How did you adjust when they moved out a year ago? A I miss him. Q You had heard testimony, and I'll ask you a little bit about it. How did the relationship or how did the custody go with Jared in the beginning when Tucker was first born? A Well, he would come over to our home in the evening to see Tucker and stay for a few hours, and he would go home. Tucker never went to his house during that time. He always came to see him at our house. Q How close do you live to Mara? A Probably ten minutes. Q And how would you describe your and your 96 • • 1 husband's relationship with Tucker? 2 A Well, we're very close to him because he 3 lived with us for the first year and a half, so it's like 4 his second home. I mean he very much enjoys coming to our 5 house now and playing with our dogs and playing in our yard, 6 that type of thing. 7 Q What does he call you? 8 A Grandma. 9 Q How would you describe, I guess, your 10 supporting role of Mara over the years since Tucker has been 11 born? 12 A Well, I have helped her. If Tucker has been 13 sick, I have taken time off from work to help take care of 14 him because she didn't have very much paid time off 15 accumulated. I occasionally pick him up at day care if she 16 has an appointment, but that's a rare occasion. 17 Q And you actually work where Mara works? 18 A Yes, that's correct. 19 Q How do you get along with Jared? 20 A I have no problems. 21 THE COURT: So you work at the Farm Bureau 22 also? 23 THE WITNESS: Yes, I do. 24 THE COURT: I'm trying to remember that from 25 my childhood. It that sort of like an organization like the 97 • 1 grange? 2 THE WITNESS: More of a lobbying 3 organization. q THE COURT: For farmers? 5 THE WITNESS: For farmers, yes. 6 THE COURT: Okay. ~ MS. HAGGERTY: I have no further questions. g MR. PETRIE: Nothing. g THE COURT: Thank you, ma'am. 10 MS. HAGGERTY: I have no further witnesses at 11 this time. I would ask for the admission of Exhibits No. 1 12 and 2. 13 THE COURT: Any objection? 14 MR. PETRIE: No objection. 15 THE COURT: Defendant's Exhibits 1 and 2 will 16 be admitte d to the record. 1'7 MS. HAGGERTY: I think we are Plaintiff, but 18 we marked them as Defendant, Your Honor. I didn't even 19 notice it. 20 THE COURT: It's all right because these are 21 Plaintiff' s. They are admitted to the record. 22 MS. HAGGERTY: Thank you. 23 (Wh ereupon, Defendant's Exhibit Nos. 1 and 2 24 were adm itted into evidence.) 25 THE COURT: I'm not going to ask for any 98 • • 1 argument right now. What I would like you both to do is 2 just -- this is a very bad term -- but present your dream 3 order to address not only the custody times, but your 4 holidays, transportation, those types of things, and I'll 5 try to compare them. 6 This is a very difficult case. Both parents seem 7 very bright and obviously have great support networks on 8 both sides. The child is two, and you obviously have done a 9 very good job. Everybody loves the boy and he seems 10 well-adjusted, so let me take a look at it and think about 11 it at this point. Anything further? 12 MS. HAGGERTY: When would you like the order? 13 THE COURT: AND NOW, this 25th day of August, 14 2010, after hearing in the above-captioned matter, IT IS 15 HEREBY ORDERED AND DIRECTED that the parties submit proposed 16 custody orders on the case to address all issues to include 17 physical custody, holiday schedules, and transportation on 18 or before September 3rd, 2010. 19 With that, we'll stand in recess. Thank you. It 20 was well presented. 21 MR. PETRIE: Thank you, Your Honor. 22 (Whereupon, Court adjourned at 3:30 p.m.) 23 24 25 99 • • 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 the same. ur ~. dn~f Laura F. Handley Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. +~ ~ O Date M. L. Ebert, Jr., J. MARA FREEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA c~ ~ ~- - -n .._, ~ :e~ ~ •- ~ ~ rn _ ~ v. ~ ~ ~ - ~„:. -~ ~~ --~o . "~ c-a Wµv :a- n FARED REIBER, r_ "? NO. 09-1351 CIVIL -~- ~ ~.~ ~ DEFENDANT ., IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Ebert, J., November 4, 2010 - Appellant, Mara Freeman, has filed an appeal from a custody order entered on September 30, 2010. This opinion is written pursuant to Pa. R.A.P. 1925(a). Plaintiff has filed a Statement of Matters Complained of on Appeal pursuant to Pa. R.A.P. 1925(b) and appeals on the following grounds:' 1. The custody order calls for a drastic adjustment to the child's normal schedule, which will be very difficult for the child. 2. The trial court abused its discretion in ordering Mother to approve and facilitate Father's taking the child out of the country to Canada. 3. The trial court abused its discretion in permitting unrelated third parties to have the ability to pick up the child and exercise custody over the child whenever their work schedule allows. 4. The trial court erred in finding that its ultimate disposition of the case is in the best interest of the children. Procedural History On March 4, 2009, Mother filed a Custody Complaint seeking primary physical custody and shared legal custody of the child. By Order of Court on April 8, 2009, this Court granted shared legal custody to the parties and primary physical custody to 'Concise Statement of Matters Complained of on Appeal, filed Oct. 7, 2010. Mother and partial physical custody to Father. Father was granted custody on alternating Mondays and alternating weekends. A shared holiday schedule and custody for periods of vacation was also ordered. On March 17, 2010, Father filed a Petition for Modification of a Partial Custody Order. A hearing was held on August 25, 2010. A Custody Order was entered September 30, 2010, granting shared legal custody to the parties and shared physical custody on a weekly alternating 2 day/2 day/3 day schedule. The parties were granted shared physical custody of the child during holidays and were each permitted two non-consecutive weeks during the year for vacation with 30 days written notice to the other parent. This appeal followed. Findings of Fact 1. The subject of this custody case is Tucker J. Reiber, born May 7, 2008. 2. Defendant/Appellee is Jared Reiber, 685 Greg's Drive, Harrisburg, Pennsylvania. 3. Plaintiff/Appellant is Mara Freeman, of 308 Stonehedge Lane, Mechanicsburg, Pennsylvania. 4. The parties are the natural parents of the child. The parties have never married nor have they ever lived together. 5. Mother lived with her mother when the child was born, and Father visited on evenings during the week.2 6. Mother currently works as a bookkeeper at the Pennsylvania Farm Bureau.3 7. She lives with her boyfriend, Rob Davenport, who works as a store manager with the Tractor Supply Company. a 2 N.T.20-21. s N.T. 35. ° N.T. 90-91. 2 8. Father is currently receiving Unemployment Compensation and was last employed on July 6, 2010.5 Father was scheduled to take a two week course in auto accident appraisal and is actively seeking new employments 9. Father lives with his fiancee, Trisha Erney. The couple plan to marry in June 2011.' 10. Father's fiancee holds a bachelor's degree in biology and chemistry from the University of Pittsburgh. She is currently employed at the Hershey Medical Center as a secretary in the infectious disease office. Additionally, she is attending nursing school at the Harrisburg Area Community College. 11. Both Rob Davenport, Mother's boyfriend, and Trisha Erney, Father`s fiancee, are hardworking, intelligent individuals of excellent character. 12. Father is requesting a 2/2/3 shared custody which alternates weekly, requests a modification to the holiday schedule, and requesting that the child be allowed to travel to Canada on vacation with him and his fiancee. 13. Child is benefitting from involvement with both Mother and Father, as well as from involvement with the extended family on both sides, and from involvement with Father's fiancee, her extended family, and Mother's boyfriend. 14. Child is receiving educational and social benefits from attending day care. 15. There is no inordinate danger in allowing the child to travel to Father's fiancee's family vacation home in Canada. The home is very modern and beautiful, and located s N.T. 8, 25. 6 N.T. 25. ~ N.T. 4. 3 in Westport, Ontario. The Court has determined that this location is approximately 400 miles from Cumberland County by direct use of Interstate 81.8 16. Allowing the child to spend more time with Father and Father's fiancee and her family will benefit the child and allow the child to form a relationship with his future step- mother and her family. 17. Father and Mother are very capable of communication and cooperation for purposes of caring for the child. 18. Both Father and Mother are fit, loving parents and both provide a source of love and support for the child. Discussion Generally, Mother argues that the Court erred in finding that shared custody is in the best interest of the now 2 '/2 year old child, and that the Court abused its discretion in requiring Mother to approve travel of the child to Canada for vacation with Father, and in permitting Father's fiancee and Mother's live-in boyfriend to pick up the child from day care on those days when that parent would have custody anyway. Mother also objects on the basis that the custody order will be a "drastic" adjustment to the child's schedule and therefore will be difficult for the child. A. Shared Custody is in the Best Interest of the Child. While it is clear that there is no presumption in favor of shared custody, the Pennsylvania legislature has recognized the value of shared custody in appropriate cases. The legislature has proclaimed that: it is the public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable and continuing contact of the child with both parents $ N.T. 83, Plaintiff s Exhibit #1 (Pictures of Canada). 4 after a separation... and the sharing of the rights and responsibilities of child rearing by both parents... 23 Pa.C.S.A. §5301. The factors to be considered for an award of shared physical custody are well- established: (1) both parents must be fit, capable of making reasonable child rearing decisions and willing and able to provide love and care for their children; (2) both parents must evidence a continuing desire for active involvement in the child's life; (3) both parents must be recognized by the child as a source of security and love; (4) a minimal degree of cooperation between the parents must be possible. (citing Hill v. Hill, 619 A.2d 1086 (1993)). Wiseman v. Wall, 718 A.2d 844, 848 (Pa.Super.1998). It is well-settled that the paramount consideration in custody cases is the best interest of the child. Jackson v. Beck, 858 A.2d 1250, 1252 (Pa. Super. 2004); see also Swope v. Swope, 689 A.2d 264 (Pa. Super. 1997). Best interests of the child should include consideration of all factors that legitimately affect the child's physical, intellectual, moral and spiritual well-being. Swope at 265. After evaluating all factors specific to this case, this Court has determined that a shared custody arrangement is in the best interest of this child. Both parents are clearly fit and capable of making reasonable child rearing decisions and are willing and able to care for the child. Both parents have a genuine interest in being involved in the child's life and engage in activities that create positive learning and social experiences for the child. Both parents also show a continuing, sincere desire for active involvement in the child's life. Father's involvement with the child since birth, his desire for increased custody time, and his efforts in creating a relationship between the child and Father's fiancee shows that he has been and wants to continue to be a part of the child's life. While the child is too young to voice his opinions, this Court has no doubt that the child sees both parents as a source of security and love. Both parents spend quality time with him, both take him to and from day care, and both have taken care of him when he is sick. Finally, this Court does find that the requisite degree of communication exists between Father and Mother to allow for shared custody. Testimony by both parents shows that Mother and Father can and do communicate with each other for purposes of caring for the child, and it even appears that Mother can communicate with Father's fiancee when necessary and Father can communicate with Mother's boyfriend. While communication in this type of situation is often difficult, the parties here are communicating at a level that is more than sufficient for an award of shared custody. Mother's claim that shared custody will be disruptive and therefore difficult for the child does not outweigh the overwhelming benefits that this Court believes that the child will receive by spending more time with his Father and soon-to-be stepmother so that he develops a sense of equality between his parents, knowing each parent well and knowing he can rely on the love of each one. The child is only two years old and it is to his benefit to have adults in his life that provide love and security for him and provide a nurturing environment. He is very fortunate to have two quality parents who can provide these benefits for him. Shared custody will allow the child to continue to develop a positive relationship with both parents. While a change in schedule will obviously result in some adjustment for everyone involved, including the child, we firmly believe that the adults in this case are willing and able to communicate and cooperate to make the transition a positive one for the child. 6 I Furthermore, the Court finds that the age of the child is such that he will be capable of readily adapting to the new schedule that allows him to have quality time with both of his loving parents. This change is not "drastic." Mother and Father live only about 20 minutes apart, so no extensive travel is required that could be considered a severe disruption to the child's schedule. The child will be able to remain in the same day care with the same schedule. The schedule is not overly disruptive for the child and the benefits of spending more time with Father make the overall change in custody in the best interest of the child. The Pennsylvania Superior Court has held that "[w]here the child's parents are equally fit, or nearly so, ...the fact that a stable, long-continued and happy relationship has developed between the child and one of the parents may be of critical importance to the formulation of an appropriate custody decree." Wheeler v. Mazur, 793 A.2d 929, 935 (Pa.Super. 2002). While it is true that "the court must give attention to the benefits of continuity and stability in custody arrangements," John v. Cioci, 865 A.2d 931 (Pa. Super. 2004), it is clear that this is just one factor to be considered in the broader context of the best interest of the child. See Wheeler v. Mazur, 793 A.2d 929, 935 (Pa. Super. 2002); see also Wiseman v. Wall, 718 A.2d 844, 847 (Pa. Super. 1998)). It must be noted that the children involved in the Wheeler v. Mazur case were in the primary care of the Mother for over 11 years. In this case, we are dealing with a child who is only two years of age and has shown that he can form loving bonds with both his parents. In Wiseman v. Wall, the Pennsylvania Superior Court determined that a shared custody arrangement was not in the best interest of the child when the mother was 7 r clearly the primary caretaker and most of child's waking hours when in Father's custody were spent in day care, and the father had limited involvement with the child in the early stages of the child's life. Father in Wiseman had limited involvement with the child for the first six months of his life, and initially contested paternity. Additionally, the Court found that because the father had enrolled the child in a day care program and enlisted the aide of his girlfriend in providing physical care for the child, while not necessarily evidence of an unstable environment, creates a persuasive argument that shared custody, which does not in fact result in the full involvement of the father during the time he has custody, defeats the underlying reason for shared custody and does indeed, for a child of 15 months, create more involvement with non-parental care takers than is necessary or desirable. Wiseman v. Wall, 718 A.2d 844, 847 (Pa.Super. 1998). This case is drastically different from Wiseman in a number of ways. Father in this case has been involved in this child's life since the beginning. He has shown a desire to have increased time with his son. A shared custody arrangement would not result in more involvement with non-parental caretakers but would instead allow the child to have more time with his Father and extended family. In this case, while Mother may currently have more actual time with the child, she herself admits that "the amount of actual physical quality time that we have with our son is about even. It's almost exactly the same, barring the time that he's in day care."9 Even though Mother has primary physical custody, the child spends much of the time while in Mother's care in day care, and an increase in custody time with Father would result in more actual time with a parental caretaker. The goal of a change in custody should be to increase the 9 N.T. 44. 8 r child's time with the other parent. See Johnson v. Lewis, 870 A.2d 368, 375 (Pa. Super. 2005). This is the effect of the shared custody arrangement in this case. The Court in Wiseman also noted that in that case shared custody was not in the best interest of the child because it was clear that the mother would always be there for the child and that the child also had the support of the maternal grandmother, while the father had an unpredictable relationship with his girlfriend. Thus, this case can also be distinguished from Wiseman because both parents and their respective significant others are meaningfully involved in Tucker's life and presumably will- continue to be involved. Father is engaged and Mother testified that her relationship with her live-in boyfriend was serious and that they hope to marry. Both parents genuinely have a desire to be involved in Tucker's life and both have extended family members who love and care for the child and are positive factors in the child's life. Clearly, this Court understands that this young mother, who has had primary custody of the child since he was born, really does not want to give up one extra minute of her custodial time. Basically, her testimony revealed that she is very content with the child only visiting with his Father every other weekend and Monday from 9:00 a.m. to 7:00 p.m. until the child is in middle school.10 Thus, the child would remain in her primary custody until age 10-11. Doing the simple math, Father would have the child approximately 27% of the time while Mother would have him 73% of the time for the next 8 years. At this point, after Father has had minimal time with the child during his most formative years, Mother proposes that the child then "tell us what he would like."" This Court finds that this approach is simply not in the best interest of this little boy. io N.T. 61, Mother's Proposed Custody Schedule filed pursuant to Court Order on September 3, 2010. '~ N.T. 62. 9 1 "... [I]n matters of custody and visitation, the ultimate consideration for the Court is a determination of what is in the best interest of the child, and all other considerations are deemed subordinate to the child's physical, intellectual, moral, and spiritual well-being. Nonnenman v. Elshimy, 615 A.2d 799, 801 (Pa.Super. 1992) (citing Lee v. Pontine, 594 A.2d 724 (1991); see also Zummo v. Zummo, 574 A.2d 1130 (1990). This trial Court was required to focus on the best interest of the child, not the best interest or desires of the Mother. 8. Allowing the Child to travel to Canada was not an abuse of discretion Mother's concern with the child going to Canada seems irrational. On one hand, she says that her main reservation is that if he got sick or there was a major medical incident, she is concerned that the Canadian health care system is not adequate. Then, she says that she just wants the child to be older so he can "tell [her] that he's okay before I let him go out of the country."12 While health care availability is certainly a factor in considering the best interests of the child, this Court finds no evidence to support Mother's opinion that proper health care would not be available to the child while in Canada. This court takes judicial notice of the fact that Canada is a highly industrialized country with modern conveniences and does not find credible Mother's opinion of the Canadian health care system. Allowing the child to travel to Canada poses no extraordinary risk whatsoever to the child. Canada is hardly athird-world country and has no known major deficiencies in its services. This Court finds that this vacation home is a very suitable place for the child to spend vacation. Father's fiancee's family vacation home is located in Westport, Ontario, about forty-five minutes to an hour over 12 N.T. 49. 10 the Canadian-U.S. border directly north on Interstate 81. The vacation home is a beautiful home located directly on a lake and consisting of over 100 acres. The child would be there with many family members, any of whom this Court is confident would be able to find adequate medical attention for the child if needed. Frankly, this whole objection to Canadian travel is really just another manifestation of this Mother being incapable of letting go of this child. C. Involvement of Third Parties Mother appeals in part based on the Court's decision to allow third parties to pick the child up from day care and exercise periods of custody over the child. It is important to clarify that the "third parties" to which Mother refers are Father's fiancee and Mother's own boyfriend, both of whom are specifically named in the custody order. The Court carefully evaluated the specific facts of this case and determined that Mother's boyfriend and Father's fiancee should be allowed to pick the child up from day care and spend the day with the child if that day is that parent's overnight custody period. This was included in the order as a matter of convenience for the parties in order to allow them some flexibility in complying with the custody order. Furthermore, the Court recognized that these were both significant people in the child's life, and it was not inappropriate to consider their roles when finalizing the custody order. In Andrews v. Andrews, 601 A.2d 352, 357 (Pa. Super. 1991), the Pennsylvania Superior Court found that the trial court erred when it excluded evidence related to appellee's boyfriend, who spent nearly every evening between 6 p.m. and 11 p.m. at appellee's residence and accompanied appellee and child on family outings. The Court stated that 11 1 As this individual clearly spends a significant amount of time in [child's] presence, his effect upon her is a factor in determining the award of custody herein. As we have already stated, the court is obligated to consider "all relevant factors" in making its decision. Clearly, the character and habits of a man with whom [child] has almost daily contact in her own home bear upon whether proximity to this person is in the child's best interests. Andrews v. Andrews, 601 A.2d 352, 357 (Pa.Super. 1991) (internal citations omitted). Similarly, in this case, this Court correctly included testimony of Father's fiancee and properly took into account the child's relationship with Father's fiancee and her extended family, as well as Mother's boyfriend and Mother's extended family because those are all people who play a significant role in the child's fife. As a result, the Court recognized that, for matters of convenience and facilitating the custody arrangement, Mother's live-in boyfriend and Father's fiancee could be resources that could be used to pick up the child from day care, thereby facilitating the transition of the child from day care to home. Upon reflection, the wording of this paragraph, Number 5 of the Custody Order may be somewhat inartfu{. It is implicit in the wording that the actual parent who is requesting the significant other to pick up the child approved the pickup and that the decision was not to be made unilaterally by the significant other. Equally important is the fact that this clause is very tangential to the real purpose of this Order which is to provide for shared physical custody of this child. These two significant other people are currently and will presumably continue to spend a great deal of time with the child, and it is not unreasonable to make accommodations to include them in such a minor way in the custody arrangements. Furthermore, Mother testified that if Father could not be there to pick up Tucker, he could call the day care and let them know that he has an "emergency pick up person." Therefore, the Court did 12 not order anything that was not already presumably permitted by the day care facility or acceptable to the parties. It is not an abuse of discretion for the Court to facilitate the custody exchange of the child by including this permission in its custody order. In any regard, this one sentence could be stricken from this Order and not in any way alter the physical custody arrangement found appropriate to serve the best interest of this child. Conclusion For the reasons discussed above, the best interests of this child are served by shared physical custody on a 2 day/3 day/2 day schedule alternating weekly as detailed in the September 30, 2010, Order. These parents are both fit and reasonable parents, and the child will benefit most from a shared custody arrangement. The Court considered all of the relevant factors and the best interests of this child will be served by equal involvement of both parents. The Court did not err in this determination, nor did it abuse its discretion in providing details in the custody order relating to vacation time and picking the child up from day care that would facilitate the custody arrangement. M ~ara W. Haggerty, Esquire Attorney for Plaintiff Charles E. Petrie, Esquire Attorney for Defendant eo cQ..S rn.~.ti ~~/~c~rv `f ~ 13 By the Court, CERTIFICATE AND TRANSMITTAL OF REC RDS UNDER FNNSYLVANIA RULE OF APPELLATE PROC DURE 1931 (C To the Prothonotary of the Apellate Court to which the within Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of the said court being a court of record, do hereby certify that annex correct copy of the whole and entire record, including an opinion c by PA R.A.P. 1925, the original papers and exhibits, if any on fil. proceedings, if any, and the docket entries in the following matter: Mara Freeman Vs. Jared Reiber 2009-1351 Civil 1651 MDA 2010 The documents comprising the record have been numbered fi attached hereto as Exhibit A is a list of the documents correspc identified with reasonable definiteness, including with respect number of pages comprising the document. The date on which the record has been transmitted to the acknowledzing receipt of this record. L 14 Y1?A L.. L +, Regina Lebo, Deputy Date Signature & Title has been appealed: Cumberland County, -1d hereto is a true and f the court as required the transcript of the i No.l to 169, and ingly numbered and each document, the Court is 11/8/2010 R?° eal in S,,Pat' Cot NOV 0 8,:2010 rt 44IDD 6uper%or Court of Venn!5pibanta Karen Red Brardett, Esq. Pennsova+iaJudidal Center Prothonotay Middle District Po. Box 62435 MilanK Mrkobrai, Esq. 601 CorrrriomuvedthAvenue SLite1600 De{xdyPrdhonotay Harrisburg PA 17106-2435 (717) 772-1294 www. super i or'. court. state pa us CERTIFICATE OF REMITTAUREMAND OF RECORD TO: David D. Buell Prothonotary RE: Freeman, M. v. Reiber, J. 1651 M DA 2010 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 2009-1351 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Transcript November 8, 2010 1 Part November 8, 2010 1 Remand/Remittal Date: 06/06/2011 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, C"h ra C? - fTi L C - `IM. Milan K. Mrkobrad, Esq. p? Deputy Prothonotary s-< v /krc CD ?a Enclosure 4 .y r w4 cc: The Honorable Merle L. Ebert Jr., Judge = • Kara W. Haggerty, Esq. Charles E. Petrie, Esq. Freeman, M. v. Reiber, J. 1651 MDA 2010 Letter to: Buell, David D. Acknowledgement of Certificate of RemittaVRemand of Record (to be returned): Signature Date Printed Name ti J.A05032/11 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P.65.37 MARA FREEMAN, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant V. JARED REIBER, No. 1651 MDA 2010 Appellee, `= Appeal from the Order Entered September 30, 2010, G r, In the Court of Common Pleas of Cumberland County' at No. 2009 1351, Civil Term --< BEFORE: FORD ELLIOTT, P.J.E., PANELLA, and FITZGERALD , JJ. ?- -" MEMORANDUM: FILED: April 28, 2011 - "Jn Mara Freeman (Mother) appeals from the order entered in the Cumberland County Court of Common Pleas granting shared legal and physical custody of the parties' then two and a half year-old son, T.R. (Child), born May 7, 2008. We affirm. The trial court aptly summarized the facts and procedural history. Mother and Jared Reiber (Father), the natural parents of Child, have never married or lived together. "Mother lived with her mother when the child was born, and Father visited on evenings during the week.E I" Trial Ct. Op., 11/4/10, at 2. After Mother filed a custody complaint on March 4, 2009, the court entered an order on April 8, 2009 granting shared legal custody to the parties, primary physical custody to Mother, and partial physical custody to . Former Justice specially assigned to the Superior Court. J.A05032/11 Father. Father had custody of Child on alternating Mondays and alternating weekends; the order also set forth holiday and vacation schedules. Id. On March 17, 2010, Father filed a petition for modification of custody seeking shared physical custody. At that time, Mother lived with her boyfriend in Mechanicsburg; they both worked. Father lived with his fiancee in Harrisburg, about twenty minutes from Mother. Father and his fiancee plan to marry in June of 2011. Father became unemployed on July 6, 2010; his fiancee had a bachelor's degree in biology and chemistry, worked at Hershey Medical Center, and was attending nursing school. In his petition, Father also sought permission for Child to travel with him and his fiancee to her family's vacation home in Ontario, Canada. Mother opposed shared custody, as well as Child's travel to Canada. A hearing was held on August 25th, at which the court heard testimony from Father, his fiancee, Mother and her boyfriend. Father's mother, his fiancee's mother, and Mother's mother also testified. The court entered the instant shared custody order on September 30, 2010, directing that custody be apportioned "on a weekly alternating 2 day/2 day/3 day schedule." Id. The custody order also allowed vacation travel to Canada, and permitted Father's fiancee and Mother's boyfriend to pick up Child from daycare. Mother filed a timely appeal and Pa.R.A.P. 1925(a)(2) concise statement of errors. -2- J.A05032/11 Mother raises three issues for this Court's review. First, she argues the court erred in concluding that shared physical custody was in Child's best interests. She points out that Child is still of tender years, and contends that the court did not give due weight to her being his primary caretaker and "to the factor of stability." Mother's Brief at 10. Mother maintains that the court's opinion did not discuss whether "Father's uncertain work schedule will affect the child's stability." td. Mother complains that she does not "understand:" how Father's desire to "spend more time with the child because he is unemployed, has lots of free time and will have a decrease in child support" would be in Child's best interest; why allowing Child to spend time his soon-to-be step-mother's family "is more important . . . than stability;" and why the court "was so readily willing to dismiss" important custody factors. Id. at 11. Mother also avers that the record does not support the court's findings that Father has been involved in Child's life since birth and that Father "has an increased desire for custody." Id. In her second issue, Mother alleges that the court's permission for Child to travel to Canada with Father for vacation with his fiancee's family is unreasonable. Mother cites "the evidence in the record that [she] had reservations about healthcare in Canada and [that] she did not want the child to go until he was old enough to communicate with her over the phone to ensure her of his safety." Id. at 13. Mother further claims that "right now," the only family member that would be present in Canada is Father, as -3- I.A05032/11 his fiancee and her family have no biological or legal relationship to Child. Mother concludes that the court's permission for Child to visit with his future step-mother's family puts "the interests of several unrelated parties ahead of" hers. Id. at 13-14. In her last issue, Mother claims that by allowing her boyfriend and Father's fiancee to pick up Child from day care, the court improperly granted custodial rights to third parties. She reasons, "One does not have to think hard to believe that this provision is susceptible to abuse by [her boyfriend and Father's fiancee]." Id. at 15. We find no relief is due. Our standard of review is as follows: In reviewing a custody order, our scope is of the broadest type and our standard is abuse of discretion. We must accept findings of the trial court that are supported by competent evidence of record, as our role does not include making independent factual determinations. In addition, with regard to issues of credibility and weight of the evidence, we must defer to the presiding trial judge who viewed and assessed the witnesses first-hand. However, we are not bound by the trial court's deductions or inferences from its factual findings. Ultimately, the test is "whether the trial court's conclusions are unreasonable as shown by the evidence of record." We may reject the conclusions of the trial court "only if they involve an error of law, or are unreasonable in light of the sustainable findings of the trial court." With any child custody case, the paramount concern is the best interests of the child. This standard requires a case-by-case assessment of all the factors that may legitimately affect the "physical, intellectual, moral and spiritual well-being" of the child. Collins v. Collins, 897 A.2d 466, 471 (Pa. Super. 2006) (citations omitted). -4- J.A05032/11 Among the factors which must be considered in awarding shared custody are the following: (1) both parents must be fit, capable of making reasonable child rearing decisions and willing and able to provide love and care for their children; (2) both parents must evidence a continuing desire for active involvement in the child's life; (3) both parents must be recognized by the child as a source of security and love; (4) a minimal degree of cooperation between the parents must be possible. Wiseman v. Wall, 718 A.2d 844, 848 (Pa. Super. 1998). With the above principles in mind, we have thoroughly reviewed the parties' briefs and certified record. We find that the trial court cogently set forth the facts and ably addressed Mother's issues presented on appeal. Accordingly, we adopt the opinion of the Honorable M.L. Ebert, Jr., as our own, and affirm on the reasons set forth in it. We emphasize the court's findings that both parties "are fit, loving parents and both provide a source of love and support for the child," and that Mother's boyfriend and Father's fiancee "are hardworking, intelligent individuals of excellent character." Trial Ct. Op. at 4, 3. The court also found that "Child is benefitting from involvement with both Mother and Father[,] extended family on both sides, and . . . Father's fiancee, her extended family, and Mother's boyfriend." Trial Ct. Op. at 3. Order affirmed. -5- J.A05032/11 Judgment Entered. Deputy Prothonotary Date: April 28, 2011 -6-