The URL can be used to link to this page

Home My WebLink About01-1873 APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT j MARSH VS KATHLEEN S MARSH 01-1873 CIVIL TERM SUPERIOR COURT # 1498 MDA 2001 The documents comprising the record have been numbered from No. I to 15~ and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, thc number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 11-2-01 REGORD F/LED SUPEt{IOR COURT NOV -5 2~00! ~ . MI/JUL, i:: An ad~ of this certificate is enclosed. Please sign and date cop_y, thereby ackn°wled~t of this record. Date ------ ~ignature & Titl-~ Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania to No. 01- ]...._.~8 7 3 Term, 19 _ _ is contained the following: COPY OF SEE ATTACHED DOCKET ENTRY ROBERT j MARSH VS KATHLEEN S MARSH PLEASE SEE ENCLOSED DOCKET ENTRIES 01-1873 CIVIL TERM SUPERIOR COURT # - 1498 MDA 2001 ROBERT J. MARSH · IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN S. MARSH : 01-1873 CIVIL ACTION LAW DEFENDANT : 1N CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, May 01, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or · if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, 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 2 Liberty Avenue Carlisle, Pennsylvania ! 7013 Telephone (717) 249-3166 . ROBERT j. MARSH, · IN THE COURT OF COMMON PLEAS Plaintiff ' OF CUMBERLAND COUNTY vs. ' PENNSYLVANIA KATHLEEN S. MARSH ' CIVIL ACTION - CUSTODY Defendant · NO. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CA/~NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA/~ GET LEGAL HELP. CUMBERED COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARL I S LE PA 17013 717-249-3166 Mary A. Etter Dis~ Esqulr~--~-- Attorney for Plaintiff · IN THE COURT OF COMMON PLEAS ROBERT J. MARSH, Plaintiff · OF CUMBERLAND COUNTY · PENNSYLVANIA vs. · CIVIL ACTION - CUSTODY KATHLEEN S. MARSH ' Defendant · NO. COMPLAINT FOR CUSTODY 1. Plaintiff is Robert J. Marsh, residing at 360 Old State Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant is Kathleen S. Marsh, residing at 11 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks joint or shared legal and physical custody of the following children' Name Present Residence Age Danielle Nicole Marsh 11S. Ridge Rd. 12 Boiling Springs, PA Alicia Christine Marsh 11S. Ridge Rd. 12 Boiling Springs, PA Aaron Robert Marsh 11 $. Ridge Rd. 9 Boiling Springs, PA 4. The children were not born out of wedlock. 5. The children are presently in the primary physical custody of Defendant who resides at 11 S. Ridge Rd., Boiling Springs, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons at the following addresses' Date Addresses Persons Kathleen S Marsh 11 S. Ridge Rd. 4/96 · Boiling springs, PA to present 7. The mother of the children is Kathleen S. Marsh who currently resides at 11 S. Ridge Rd., Boiling springs, cumberland County, Pennsylvania- $. She is single. 9. The father of the children is Robert J. Marsh who currently resides at 360 Old State Rd., Gardners, cumberland county, Pennsylvania- 10. He is single. 11. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with no one other than the children when they are with him. 12. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with only the children. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other .litigation concerning the custody of the children in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth- 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because the children and Plaintiff desire to spend more time together. 17. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the chi .dren have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene' NONE. WHEREFORE, Plaintiff requests the court to grant the parties joint or shared legal and physical custody of the children. Respectfully submitted' DI SSINGER and DI SSINGER By' re ~tlgr'~gY for Plaintiff supreme Court I.D. 927736 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION I, Robert J- Marsh, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities- ff, ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS Plaintiff · OF CUMBERLAND COUNTY · PENNSYLVANIA vs. · · CIVIL ACTION KATHLEEN S. MARSH, · NO. 2001-01873 Defendant · IN DIVORCE Certificate of Service The undersigned hereby certifies that a copy of the attached Order for a conciliation conference was served on the Defendant by placin~ it in the mail with the U.S. Postal service on the date set forth herein below and addressed as follows- Kathleen S. Marsh 11 Sou th Ridge Road Boiling Springs, PA 17007 Mary A. Etter Dissinger,~quire Attorney for Plaintiff 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Date. · IN THE COURT OF cOMMON PLEAS OF ROBERT J. MARSH : cUMBE~AND coUNTY, PENNSYLVANIA PLAINTIFF V. KATHLEEN S. MARSH : 01-18'/3 CIVIL ACTION LAW DEFENDANT : : IN cUSTODY : upon consideration of the attached Complaint, AND NOW, Thursda, A ri105, ~001 ___---, the conciliator, it is hereby directed that parties and their respective counsel appear be£ore ~' Tuesday, Ma 01, ~001 at ~.m. at onference, an effort will be made to resolve the issues in dispute; or enate Avenue, Suite 105, Camu Hill, PA 17011 on ~ into a temporary for a Pre-Hearing Custocty t~om~"''~- i~ this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter order. All children age five or older may also be present at the con£erence. Failure to appear at the conference may provide grounds ~or 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: Isl ~--------- Custody Conciliator n is required by law to comply with the' _.. on Pleas of Cumberland Cou.~tY ...... ssible facilities and reasonable .... The Court of Corem r ' formation at>out a,~,,,. .... ~ .a,,o~ contact our omce. accommodations ayah._ , _. ~+ '~9 ho odor to any n ~ All arrangements must t>e maoe at t~a~ ..... Brs _ attend the scheduled conference or heating. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 'rRU[ COPY I:ROM RECO In Testimony whereof, I here unto set and the. seal of said Court at Carlisle, his ..... ........ d,y '~ .......... ~,' Prothonotary ... · .. .. ROBERT d. MARSH, Plaintiff ' IN THE COURT OF COMMON PLEAs OF' · CUMBERLAND COUNTY, PENNSYLVANIA VS. · · NO. 01-1873 KATHLEEN S. MARSH, ' · CIVIL ACTION. LAW Defendant ' CUSTODY AND NOW, this /. :-/.~ Custody Conciliatio _~,~ day of May, 2001, Upon considerat' n '-'~,,~mary ~eport, it is hereby ordere ~,,.~ .,=_ . !on of the attache d .,,,,, u~rected as follows: d 1. A heating is sche · t/C:r~eU~_h_o..use on the_~d,-b~ ddaU, le~d.'n C~ourtroom No ~/' ..,.,_ _ . t~S[I/TIO/'I · ~ y u~ · ~ u~ [ne Cum Y w, Ii be taken. For t~, 2001_ a, c, =.?e,rla. nd County shall be deemed .... ~-,,,~,uaes of the hea-;-,'-. [?..:_~__~u o c~ock ,~. M -- - ,,.~, me k-~,~.... ,-,_;_~' -, ur which to be the moving party and shall proceed initially with te · the part/es or the part/es pro se shall file with ~,.,c,, r~ooert j. Marsh, memorandum setting forth each party's the Court and ,~,,....-..- st~mony. Cou expected to test/fy position on custody,""~'u~mg COUnsel/party a nsel for at the heating, and a a list of witnesses who are These memoranda shall be filed at least Leo_ days riot_ . te.sbmony of each witness. summary of the anticipated · P to the heanng clate. effect: 2. Pending further Order of Court or an agreement of the part/es, the following is in A. LP, gBLG~. The part/es, Robert j. Marsh and Kathleen S. Marsh shall have shared legal custody of the minor Children, Danielle N/cole Marsh, bom December 20, 1988, Alicia Christine Marsh, born December 20, 1988, and Erin Robert Marsh, bom October ' shall have an equal fight, to be exercised jointly 21, 1991. Each parent with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or SChool records, the residence addr the extent one n~,...., __ ess of the Child and of the other paten ,---,~-t has possession of any Such re ,,.-, ..... t. To that parent shall be required to share the same, or copies thereof, with the c,,,u~ or Information, other parent within Such reasonable time as to make the records and information of reasonable use to the other parent. No. 01-1873 B. Holidays. The following holidays shall be shared on an A/B schedule: Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, New Years Eve. Segment A shall be from 6:00 p.m. the night before the holiday until 2'00 p.m. on the day of the holiday. Segment B shall be from 2'00 p.m. on the holiday until ¢:00 a.m. the day aftor the holiday. In odd-numbered years, Mother shall have Segment A and Father shall have segment B of Memorial Day, Labor Day and Christmas. In odd-numbered years, Father shall have Segment ^ and Mother shall have Segment B of Easter, Independence Day and Thanksgiving. In even-numbered years, Mother shall have Segment B and Father shall have Segment ^ of Memorial Day, Labor Day and Christmas; and Mother shall have Segment A and Father shall have Segment B of Easter, Independence Day and Thanksgiving. C. Mother's Day/Father's Day. Mother's Day shall be celebrated with Mother and Father's Day shall be celebrated with Father. The custodial period for this holiday shall be from 9:00 a.m. on the day of the holiday until 9:00 a.m. after the day of the holiday. D. Summer. Each parent shall be entitled to two non-consecutive seven-day blocks, to include their custodial weekend, for the purposes of vacation time. The parties shall give each other a minimum of thirty-days notice of their planned vacation time. In the event of a scheduling conflict, the party first giving written notice to the other parent of the scheduled vacation shall be entitled to their choice of vacation time. It is agreed that the Children may be in the custody of either set of grandparents during vacation. 3. It is acknowledged between the parties that they are experiencing serious divisions in their relationship which am, in turn, having an adverse impact on their ability to co-parent the subject minor Children. In furtherance, hereto, the parties have agreed to begin psychological counseling. The purpose of counseling shall be to assist the parties in communicating with each other and to assist them in being better able to co-parent and share decision-making responsibilities related to the custody of their Children. They shall work cooperatively in choosing the counselor to provide this service. BY THE COURT, Diet: Ma Etter D~ss~n er Es ulr ry ' ' g , q ' e, 400 South State Road, Marysvj~, PA 17053 Robert L. O'Brien, Esquire 17 West South Street, Carlisle, P~ 17013 ~ ,~....~4._..5'./1-ol ROBERT j. MARSH, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. · NO. 01-1873 · KATHLEEN S. MARSH, ' CIVIL ACTION _ LAW Defendant ' CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3_8, the undersigned Custody Conciliator submits the following report: · 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Danielle Nicole Marsh December 20, 1988 Mother Alicia Christine Marsh December 20, 1988 Mother Erin Robert Marsh October 21,1991 Mother 2. A Custody Conciliation Conference was held on May 1, 2001, with the following individuals in attendance, the Father, Robert J. Marsh, and his counsel, Mary Etter Dissinger, Esquire; the Mother, Kathleen S. Marsh, and her counsel, Robert O'Brien, Esquire. 3. The parties have been separated since April of 1996. Since that time, them has been no formal Custody Order. However, the bo have physical custody of the minor Children eaY ,twhe~~roe~ that the status quo is for Father to evenings ch Sunday, Wednesday and Friday from 6:15 p.m. until he returns them to school the following morning. 4. The parties were seen on their first Custody Conciliation on ather s request for F ' additional periods of physical custody with the Children. The parties were able to reach an agreement with regard to vacation but were not able to reach an agreement with regard to Father's request for additional physical custodial time with the Children. 5. Father's position on physical custody is that he should have additional periods of physical custody equating a shared custodial arrangement. He proposes a 4/3/3/4 arrangement which would give each parent alternating weekends and give him an opportunity to have custodial time during the school week thus being available to participate in the Children's education through assisting them with p.m. three days per week in his Pizza shop but is homework. Father presently works until 10 willing to hire additional staff so that he can be available to the children if the Order is changed to expand his time. ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA VS. · 01- ! 873 CIVIL · CIVIL ACTION- LAW KATHLEEN S. MARSH, . Defendant ' IN CUSTODY _0ORDER AND NOW, this /..q' '~ day of June, 2001, at the request of counsel for the parties, hearing in the above matter set for July 26, 2001, is continued to Wednesday, August 15, 2001, at 9'00 a.m. in Courtroom Number 4, Ctunberland County Courthouse, Carlisle, PA. BY THE COURT, Mary Ettcr Dissinger, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant :rim ¥I~ ~N~,C ComMON BLEAS oF . IN ~I-I~ COU~ O~ ~~S~~~~ c~~~~o co~TY' ROBERT o' ~RS~, · plainti~ ' - . CIVIL ACTION v. CIVIL TERM DeCendant OURT ' OR~ _~ 0 0 ~, upon M this lSth day o~ ~-~ ~D NO , . _ __ custOdY deration oC plainti~' s complaint to~ . ec BB), AliCZa Chr~stzne Marsh reSP --r ~0, ~9 =err Marsh at~ oC birth, Dece~~ -B' , and AarOn Ro~ ,~_>~ oC birth, Deu= ~- and ~a~~ ' ~h, October ~1, 1991; , completed' the ~date o~ b~ru ~-~h has not yet been .... hearing ~eld on this date wn~ -d a resumpt~°n o~ tn= ~' -~0 ~ d shall remain open, a~ _~,, Au ust 10, zu 1, recor _~h~d led ~°r M°~u~=' g ~or one-hal~ hour is the at 9.00 a.m. It is noted that the purpose o~ resumptiOn o~ the hearing is to permit the plainti~ to present a ~inal witness in the perSOn o~ Elaine Rissinger, a counselor at Mazzitti and sullivan' It is noted ~urther that no exhibits had been identified or admitted in the hearing on todaY' s date- It is noted ~urther that neither party is children in this requesting that the court speak with the case so that they will not be put under any ~urther stresS. ~Y the Cou=t Mary A. Etter Dissin~er, ESquir, Y 01. 28 North 32nd Street Camp Hill, PA 17011 For the Plaintiff RObert L. O,Brien, 27 West SOUth Esquire For th~ ~ =_a 17013 = merendant Wcy ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. ' CIVIL ACTION- LAW KATHLEEN S. MARSH, · Defendant ' NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 2[$)~day of August, 2001, upon consideration of Plaintiff's complaint for custody with respect to the parties' children, Danielle Nicole Marsh (d.o.b. December 20, 1988), Alicia Christine Marsh (d.o.b. December 20, 1988), and Aaron . Robert Marsh (d.o.b. October 21, 1991), and following a hearing held on August 15, 2001, and August 20, 2001, it is ordered and directed as follows- 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Defendant (the mother). 3. Temporary or partial physical custody of the children shall be in Plaintiff (the father) at the following times. a. During the school year, ~ _. (1) On alternating weekends from Friday at '~:"' '~ '::" 7:00 .i~.:, -- .~,.~, p.m. until commencement of school on the !-,~' . '7° - .... :'"-- --- "- ..--', following Monday morning; provided, that where such ,-:.-:: .... "' ....... ~:_3 Monday is a federal holiday, the period of temporary ' ~..-~; , ..: ':-:~ !~-. ~'. c,..., . ,i!:7.; or partial physical custody shall extend to Monday :'"~i'_c.:. ..:,:?~ evening at 7:00 p.m. --- ';3 ~" ........ :'.~ (2) From Wednesday at 7:00 p.m. until ~-:.--.' ~:_.:::, o Thursday at 7:00 p.m., on alternating weeks. b. During the summer, for alternating two-week periods, commencing with the end of school and concluding with the resumption of school. 4. Notwithstanding the foregoing, custody of the children shall be in Defendant (the mother) on Thanksgiving Day until 3:00 p.m. ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · V. · CIVIL ACTION - LAW · KATHLEEN S. MARSH, . Defendant · No. 01-1873 CIVIL TERM QRDER OF COURT _ AND NOW, this 20th day of August, 2001, upon consideration of the complaint for custody in the above-captioned matter, and followin~ a second period of hearing, the record is declared closed, and the matter is taken under advisement. By the Court, Karen L. Koenigsberg, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant wcy C) ,~:' ", . , : '~.3 i;-. ........ r'~j ..,': ., .) . c;' .'.' .:.-'... '. . ... '~-.~...,. .":.--. ,.~. . ....... '. ~ C'.~: _ .... _...-__ ROBERT J. MARSH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : OF PENNSYLVANIA vs. · : CIVIL ACTION - LAW KATHLEEN S. MARSH, : De fendant : NO. 01-1873 C IVI L TERM REQUEST FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Respectfully submitted, D I S S I NGER AND D I S S I NGER Ma~y A. E[tter Dissinger, Esq e Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 ROBERT J. MARSH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY · OF PENNSYLV~tNIA · CIVIL ACTION - LAW KATHLEEN S. MARSH, . Defendant · NO. 01-1873 CIVIL TERM NOTICE OF APPEAL Notice is hereby given that Robert J. Marsh, Plaintiff, appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 21th day of August, 2001. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully Submitted, DISSINGER AND DISSINGER Mary A~. Etter Di~s~inger, ~'qU~-~e - Attorney for Plaintiff ~ Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 PYS510 Cumberland gounty Prothonotary's ~fice Page 1 ~ivil Case Inquiuy 200110187~ MARSH ROBERT J (rs) MARSH KATHLEEN S ' ' Reference No..- Filed ........ · 3/30/2001 Case TyDe ..... : COMPLAINT - CUSTODY Time ......... · 8.19 Ju~gmen% ..... ~ .00 Execution Date 0/00/0000 Judge A~signed: Jury Trial .... Disposed Desc.: Disposed Date. 0/00/0000 Case Comments Higher Crt 1. Higner Crt 2.- General Index Attorney Info MARSH ROBET J PLAINTIFF DISSINGER MARY A ETTER 360 STATE ROAD GARDNERS PA 17324 MARSH KATHLEEN S DEFENDANT 11 SOUTH RIDGE ROAD BOILING SPRINGS PA 17007 * Date Entries * ............. FI RST ENTRY .............. 3 / 30 / 2001 COMPLAINT - CUSTODY 4/05/2001 AFFIDAVIT OF MAILING FOR COMPLAINT IN CUSTODY - BY MARY A ETTER DISSINGER ESQ FOR PLFF 4/06/2001 ORDER OF COURT - DATED 4/5/01 - IN RE CUSTODY COMPLAINT - PREHEARING CUSTODY CONFERENCE 5/1/01 11 AM @ 214 SENATE AVENUE SUITE 105 CAMP HILL - BY MELISSAP GREEVY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 4/6/01 4/24/2001 CERTIFICATE OF SERVICE - MARY A ETTER DISSINGER ESQ FOR PLFF 5/10/2001 ORDER OF COURT - DATED 5/10/01 - HEARING 7/26/01 9-30 AM CR 4 - BY KEVIN A HESS J - COPIESMA -ILED 5/11/01 6/22/2001 ORDER - DATED 6/15/01 - AT THE REQUEST OF COUNSEL FOR THE PARTIES HEARING IN THE ABOVE MATTER SET FOR JULY 26 2001 IS CONTINUED TO 8/15/01 AT 9-00 AM IN CR 4 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED 6/22/01 8/16/2001 ORDER OF COURT - DATED 8/15/01 - IN RE PLFFS COMPLAINT FOR cuSTODY - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/16/01 8/21/2001 ORDER OF COURT - DATED 8/21/01 - LEGAL CUSTODY OF THE CHILDREN SHALL BE SHARED BY THE PARTIES - BY THE COURT J WESLEY OLER JR J COPIES M_AILED 8/22/01 8/24/2001 ORDER OF COURT - DATED 8/20/01 - UPON CONSIDERATION OF THE COMPLAINT FOR CUSTODY IN THE ABOVE CAPTIONED MATER AND FOLLOWING A SECOND PERIOD OF HEARING THE RECORDED CLOSES AND THE MATTER IS TAKEN UNDER ADVISEMENT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 8/24/01 .............. LAST ENTRY .............. * Escrow Information * * Fees & Debits Be~ Bal Pymts/Adj End Bal * CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 JCP FEE 5.00 5.00 .00 .00 ioo. 5o ioo. 5o - ' FROM RECORD ****************************************************************************_***_*_** * End of Case Information and C rt al Pa, ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS Plaintiff · OF CUMBERLAND COUNTY : OF PENNSYLVANIA VS. ° : CIVIL ACTION - I~AW KATHLEEN S. MARSH, : De fendant : NO. 01-1873 C IVI L TERM CERTIFIC2%TE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that I am this day serving the foregoing document upon the persons named below by First Class United States Mail, which service satisfies the requirements of Pa. R.C.P. 121' The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Richard J. Pierce Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Mary k. Etter Dissinger~-Esquire ROBERT J. MARSH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : 01-1873 CIVIL ACTION LAW V. : KATHLEEN S. MARSH : 1N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 24, 2001 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, October 09, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, F. sq.~ 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 heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATrORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT J. MARSH, ' IN THE COURT OF COMMON PLEAS Plaintiff · OF CUMBERLAND COUNTY : OF PENNSYLVANIA vs. ' : CIVIL ACTION - LAW KATHLEEN S. MARSH, : Defendant : NO. 01-1873 CIVIL TERM NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT F~AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERED COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARL I S LE PA 17013 717-249-3166 Mary A. Etter Dis~inger, ~quire Attorney for Plaintiff · IN THE COURT OF COMMON PLEAS ROBERT J. MARSH, Plaintiff · OF CUMBERLAND COUNTY : OF PENNSYLVANIA vs. · : CIVIL ACTION - LAW KATHLEEN S. MARSH, : Defendant · NO. 01-1873 CIVIL TERM PETITION TO MODIFY CUSTODY 1. Plaintiff is Robert J. Marsh, Father of the children, residing at 360 Old State Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant is Kathleen S. Marsh, Mother of the children, residing at 11 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Pursuant to a Court Order dated August 21, 2001, (Exhibit "A") custody of the minor children, Danielle Marsh, Alicia Marsh, and Aaron Marsh, was awarded as follows' A. Joint legal custody to both parties. B. Primary physical custody was granted to Mother, with periods of temporary physical custody granted to Father by Order of Court dated August 21, 2001. (See copy of Order attached as Exhibit "A") 4. Plaintiff, Robert J. Marsh, seeks to modify the current custody arrangement because' A. Testimony from the children was not considered in making the current custody order; B. The Order as written provides for less visitation to Father than had been granted in previous years; C. The children are very unhappy with the current arrangement and Wish to spend more time With their father; D. The children are of appropriate age to have their opinion considered by the Court; E. A joint custody arrangement is workable under the circumstances of this particular case; and F. It is in the best interest of the children to have more frequent contact With Father. WHEREFORE, Plaintiff requests the Court to modify custody of the children to revert back to the 2001 summer custody schedule where the parties had custody as follows. Father - Friday morning to Sunday evening; Mother - Sunday evening to Wednesday morning; Father - Wednesday morning to Friday morning; Mother- Friday morning to Sunday evening; Father- Sunday evening to Wednesday morning; Mother - Wednesday morning to Friday morning. Respectfully Submitted: DISSINGER AND DISSINGER By · /~ Attorney ~re for Plaintiff Supreme Court I.D. #27736 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS Plaintiff · OF CUMBERLAND COUNTY · OF PENNSYLVANIA vs. KATHLEEN S. MARSH, ' CIVIL ACTION - LAW Defendant ' NO. 01-1873 CIVIL TERM CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the Petition to Modify Custody upon the attorney for Defendant, Kathleen S. Marsh, by First Class United States mail addressed as follows. Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 ~ary A. ~ Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1498 MDA 2001 Page I of 2 ~ September 20, 2001 Robert J. Marsh, Appellant V. Kathleen S. Marsh Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: September 20, 2001 Awaiting Original Record Journal Number: Case Category: Domestic Relations CaseType: Custody/Visitation Consolidated Docket Nos,: Related Docket Nos,: SCHEDULED EVENT Next Event Type: Docketing Statement Received Next Event Due Date: October 4, 2001 Next Event Type: Original Record Received Next Event Due Date: October 30, 2001 COUNSEL INFORMATION Appellant Marsh, Robert J. Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Dissinger, Mary A. Etter Bar No.: 27736 Law Firm: Dissinger & Dissinger Address: 28 North Thirty-Second Street Camp Hill, PA 17011 Phone No.: (717)975-2840 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Marsh, Kathleen S. Pm Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: O'Brien, Robert L. Bar No.: 28351 Law Firm: O'Brien, Baric & Scherer Address: O'Brien Baric & Scherer 17 W. South Street Carlisle, PA 17013 Phone No.: (717)249-6873 Fax No.: (717)249-5755 Receive Mail: Yes E-Mail Address: Receive E-Mail: No 9/20/01 ' 3O23 ROBERT J. MARSH, · IN THE COURT OF COIv~ON PLEAS OF Appellant · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION - LAW KATHLEEN S. MARSH, ' Appellee · NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of September, 2001, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Matters Complained of on Appeal no later than 14 days after entry of this Order. B Y THE COURT, Mary A. Etter Dissinger, Esq. c-: ........ ?.; ~ .r~ .... 28 North 32aa Street ~ ~-:''~:'~-~ .... ; ': -..:.~ z..: Camp Hill, PA 17011 :.?. ~,'.. ..... Attorney for Appellant -& ~!' "..:',. · .. -...~2 . -..-~ ~.~. ....... ... · .~5 ,~.. - . .... '."3 ..... i. ': T ~'~ ~..- Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attomey for Appellee irc ROBERT J. MARSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. : CIVIL ACTION - LAW · KATHLEEN S. MARSH, : Defendant : No. 01-1873 CIVIL TERM IN RE. CUSTODY Proceedings held before the Honorable J. WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, · on August 15, 2001, commencin~ at 9-16 a.m. in Courtroom No. 1 and on August 20, 2001, commencing at 9-00 a.m. in chambers. APPEAR3U~CES · Mary A. Etter Dissin~er, Esquire Karen L. Koeni~sber~, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant INDEX TO WITNESSES F_OR THE PI,AINTIF_F D_IRECT_ CROSS R_EDIRECT Robert Marsh 7 18 28 __ Rebecca Met z~er 63 66 __ FOR THE DEFENDANT DIRECT_ CROSS REDIRECT_ RE( Kathleen Marsh 31 50 __ Elaine Rissin~er 71 78 81,85 84 INDEX TO EXHIBIT FOR THE PLAINTIFF _MARKE_D _ADMITTED No. 1 - report of Dr. Rissinger 78 82 FOR THE DEFENDANT None 2 1 August 15, 2001 2 Court room No. 1 9-16 a.m. 4 THE COURT. This is the time and place for a 5 hearin~ in the custody matter of M~arsh v. Marsh at No. 6 01-1873 CIVIL TERM. We will let the record indicate that 7 the Plaintiff, Robert j. Marsh, is present in court with 8 his counsel, Mary A. Etter Dissin~er, Esquire. The 9 Defendant is present in court with her counsel, Robert L. 10 O'Brien, Esquire. 11 The Court had requested of counsel certain 12 stipulations, if they were able to enter into them, with 13 re~ard to some of the back, round in the case. Ms. Et ter 14 Dissin~er or Mr. O'Brien, have counsel been able to 15 stipulate to any of those matters? 16 MR. O'BRIEN. We're just fillin~ out the 17 forms now, Your Honor. 18 THE COURT. They don't need to be filled out 19 as lon~ as you can put on the record the information. 20 MS. ETTER DISSINGER. We hadn.t discussed 21 them, but I think we can put that information on the record 22 right now. 23 MR. O'BRIEN. Well, I can't put it on the 24 record until it's on the form. 25 THE COURT- Ail right. Do you want me to 3 1 take a brief recess to do that? 2 MR. O'BRIEN. Unless my client can put it on the record. 4 THE COURT. Well, let's have it dictated by 5 one of the counsel. We'll take a couple minutes recess. 6 (Whereupon, a recess was taken at 9-18 a.m. 7 and proceedings reconvened at 9-25 a.m.) 8 THE COURT- Ms. Etter Dissin~er. 9 MS. ETTER DISSINGER. With re~ard to the 10 stipulations, the parties, names are Robert j. Marsh and 11 Kathleen S. Marsh. Mr. Marsh is 40 years of a~e. His date 12 of birth is March 23, 1961. He resides at 360 Old State 13 Road, Gardners, Pennsylvania. And his occupation is that 14 of restaurateur. He owns a restaurant. 15 With re~ard to Ms. Marsh, Kathleen S. 16 Marsh, she is 39. She resides at 11 South Ridge Road in 17 Boilin~ Sprin~s, Pennsylvania. She is 39 years of a~e, and 18 her date of birth is August 19, 1961. She is a registered 19 nurse. 20 The parties were married on October 4, 1986. 21 They separated sometime in April of 1997. They were 22 divorced in October of 1998. The children born of Mr. and 23 Mrs. Marsh are Danielle, D-a-n-i-e-l-l-e, Nicole, 24 N-i-c-o-l-e, Marsh. She was born December 20, 1988, and 25 she is 12 years old. Her twin sister, Alicia, A-l-i-c-i-a, 4 1 Christine, C-h-r-i-s-t-i-n_e, Marsh has the same birth 2 date, December 20 of 1988, and she is also 12. They have a 3 younger brother, Aaron, A-a-r-o-n, Robert Marsh. He was 4 born October 21, 1991, and he is nine years of age. All of 5 the children are in school. There are no other children to 6 either of the parties. 7 The present custody arrangement is pursuant 8 in part to an order dated May 10 of this year. Under that 9 order, the parties share legal custody. The order does not 10 address physical custody. The order also has a holiday 11 arrangement. That schedule is that the parties will do a 12 split of each holiday by dividing each holiday into two 13 blocks, block A and block B. Block A consists of 6 p.m. 14 the night before the holiday to 2 p.m. the day of the 15 holiday. Block B then is 2 p.m. the day of the holiday 16 until 9-00 a.m. the day following the holiday. The 17 holidays that will be included with that A/B Block are 18 Easter, Memorial Day, Independence Day, Labor Day, 19 Thanksgiving, Christmas, and New Year's Eve. 20 THE COURT. This is all contained in the 21 Order of Court, I assume? 22 MS. ETTER DISSINGER. That is correct. 23 THE COURT. All right. And prior to that 24 order, what arrangement had the parties been working under~ 25 . MS. ETTER DISSINGER. I don't know that for 5 1 purposes of the stipulation. 2 MR. O'BRiEN. There was not an order. The 3 parties had worked this out over the years, but it was 4 Sunday from 6 p.m. to Monday mornin~ at 9-00 a.m. or 5 earlier if the children had to be to school; Wednesday from 6 6 p.m., the same arrangement until Thursday morning; and 7 Friday from 6 p.m. to Saturday morning. Those were the 8 days with the father. All other days were with the mother. 9 THE COURT. Ms. Dissin~er, are you able to 10 stipulate to all of the facts that you recited and those 11 that Mr. O'Brien recited? 12 MS. ETTER DISSINGER. Yes I am. 13 , THE COURT. All right. And Mr. O'Brien, are 14 you also able to stipulate to all those facts~ 15 · MR. O'BRIEN. Yes I am Your Honor. 16 ' , THE COURT. All right. We will consider 17 those stipulated to. The Court has set aside the mornin~ 18 for the hearing. Each side will have an hour and 15 19 minutes for its presentation, includin~ cross examination 20 and rebuttal testimony. Ms. Etter Dissin~er. 21 MS. ETTER DISSINGER. Your Honor, before we 22 start, I would just like to say that the order of May 10th 23 of this year also has provisions for the parties re~ardin~ 24 Mother,s Day, Father,s Day, and summer 25 · THE COURT. All right. 6 1 MS. ETTER DISSINGER. I will call Robert 2 Marsh. 3 Whereupon, 4 ROBERT JOHN MARSH 5 havin~ been duly sworn, testified as follows. 6 DIRECT EXAMINATION 7 BY MS. ETTER DISSINGER. 8 Q Would you state your name for the record? 9 A Robert John Marsh. 10 Q Where do you live? 11 A 360 Old State Road, Gardners, PA. 12 Q Who lives with you? 13 A My children. 14 Q And you heard the stipulation with re~ard to 15 the children,s names and a~es, etc. Is everythin~ we 16 stipulated to correct? 17 A Everythin~ is correct. 18 Q Okay. Where are you employed? 19 A I work at Fox's Pizza, 1900 Sprin~ Road, 20 Carlisle. I work and own. 21 Q Work and own? 22 A Yes. 23 Q Where is Fox's Pizza? 24 A 1900 Sprin~ Road, Carlisle. 25 Q How l on~ have you been so employed as an 7 1 owner? 2 A A little over five years. 3 Q Can you tell us from the time of separation 4 a brief history of how custody was handled between you and 5 Kathl een Marsh? 6 A Since separation, I think initially I need 7 to say, I 'ye never been happy with the way custody has 8 been. How it has been stipulated earlier, Sunday, 9 Wednesday, and Friday evenings, around 6-15 until the 10 followin9 morning, about 9-00 a.m., is when I would visit 11 with the children. That was pretty much the arrangement 12 we've had. 13 Q How did you arrive at that arrangement? 14 A Initially, we didn't have that arrangement, 15 and we were tryin~ to on a weekly basis arrange times for 16 me to see the children. In my judgment, it was not being 17 fairly distributed. For instance, if I wanted to see them 18 one day, I had to pay somethin9 to see them as far as time 19 ~oes. 20 And it was a bitter back and forth 21 bar~ainin9 between my ex-wife and I. And as a result of 22 that, I kind of decided that this is what I ' 11 do, I ' 11 23 take Sunday, Wednesday, and Friday for now. And that's 24 what I arranged at. Alon9 with that, I need to add, as I 25 had already said, I have never been happy with the 1 arrangement. 2 And at least three times after separation, 3 I've offered to switch places with Kathy as far as the 4 arrangement ~oes. I would take the children, and I would 5 take the house, and just switch because I was never happy 6 with it. Additionally, I also at one point offered to pay 7 her whatever amount, and I'll just take over the children, 8 take over the house. Of course, they were both denied. 9 Q Okay. So this arrangement that you had 10 where you had the kids certain evenings has pretty much 11 been in place since shortly after separation then? 12 A I'd say, that's fair. 13 Q Now this arrangement chan~ed recently, is 14 that correct? 15 A Yes. 16 Q How recently? 17 A We had our conference. The conference was 18 May 1st, if memory serves me. May 10th, I believe, is when 19 the order from the conciliator came out, and shortly after 20 that time that Kathy agreed to 3/4, 4/3 split over the 21 summer. 22 Q And when you say 3/4, 4/3, tell me how it 23 works now? 24 A One week, I have them four days. The 25 other-- the next week, I have them three days. Every other 1 weekend is alternating. It would run from-- I'm trying to 2 do this from memory-- Friday morning, I would get them at 3 9-00, and then they would be returned to Kathy at 6-00 4 Sunday night. And then I would have them Wednesday morning 5 until Friday morning, and then it-- the cycle would 6 reverse. I believe that's what it is. 7 Q Okay. Now why did you-- you got along since 8 1996 until this year without having to file for the Court's 9 assistance with regard to custody. What made you decide 10 you needed the Court's assistance at this point? 11 A Well, many thin~s. The overriding factor 12 was, my children were asking for more time with me. Like I 13 said, I've never been happy with this arrangement. And 14 after the divorce and after the separation, what I tried to 15 do was, do what is best for the children. If I would have 16 started to pursue the issues that were out there, I was 17 worried with what it would do to the children. 18 I've read a lot of things, and I've been-- 19 talked to a lot of people, and there's no way a divorce 20 does not effect the children. There's no way. My concern 21 was, if I would push the adultery issue that I had 22 concerning Kathy, how was this ~oin~ to effect the kids? I 23 decided not to push that for the kids' sake. I figured, 24 with a passage of time, with the completion of her pursuit 25 of her boyfriend, thin~s would open up for me as far as 1 visiting my children. 2 I decided, as a father, to take that because 3 I didn't want them caught in the cross-fire of the back and 4 forth. About September of last year, I closed the 5 restaurant on Sundays. One of the overridin~ reasons was 6 to be with my children. I pursued tryin~ to be with them 7 more through calling Kathy, writing letters, trying to get 8 some more time with them, to no avail. Alon~ the same 9 time, the children started asking me for more time with me 10 and my side of the family. 11 I decided, as a father, after listening to 12 them, that this is now the time to do this. This is now 13 the time to pursue more time with my children. I think 14 they're ready-- I know they're ready for that. I know they 15 want that. And that's what chan~ed my mind. That's what 16 changed the process. That's what changed what I want to 17 do. 18 Q Now at the custody conference, did you and 19 Kathleen agree to go see a counselor to help the two of you 20 communicate about the children? 21 A Yes, we did. We a~reed, and Kathy chose the 22 counselor, and we went with her counselor. 23 Q And was that Elaine Rissinger with Mazzitti 24 and Sullivan? 25 A That's correct. 1 Q And as a result of your meetings with her-- 2 with Kathy and with Mazzitti and Sullivan,s counselor, what 3 recommendation came out of that? 4 A The recommendation was that the children do 5 want to be with me more. The counselor recommends that the 6 schedule stays the way it is. 7 MR. O'BRIEN. Objection, Your Honor. This 8 is ~ettin~ into hearsay, and as we indicated, we have a 9 report. We just need an opportunity to have the counselor 10 explain it. 11 THE COURT. Ms. Etter Dissin~er. 12 MS. ETTER DISSINGER. I thought-_ the 13 question I intended to ask was, when you went to counselin~ 14 initially right after the custody conference, did she make 15 a recommendation that led to the current custodial 16 arrangement of 4/3, 3/4? 17 THE WITNESS. Yes, she made a recommendation 18 as far as the trial visitation or whatever you want to call 19 it. 20 THE COURT- Mr. O'Brien, do you still have 21 an objection? 22 MR. O'BRIEN. To the schedule they've been 23 workin~ through the summer? 24 THE COURT. To the question and the answer. 25 MR. O'BRIEN. Not to that question or that 12 1 answer. 2 THE COURT- Okay. 3 BY MS. ETTER DISSINGER' 4 Q Do you think it's more beneficial for you to 5 spend this kind of time with your children half the time? 6 A Absolutely. I think it's more beneficial to 7 the children, which is the overriding factor. 8 Q Tell me what goes on in your household 9 between you and the children on a regular basis then? 10 A Normal everyday life things. Small things. 11 Wiffle ball games. They have chores. Just daily 12 interactions. 13 Q Now when you say chores, what kind of things 14 do you require your children to do? 15 A We've-- I gave them a list of, I think it 16 was six chores. And I gave it to the three of them and 17 told them they had to choose two each and let them decide 18 what they wanted to do. Dusting, doing the dishes, getting 19 the mail, a few other things along those lines, just small 20 things, responsibility teachers basically. 21 Q On an average day, do your kids get 22 breakfast, lunch and dinner? 23 A Absolutely. 24 Q What else do you do with the kids through 25 the day? A what else do I do throughout the daY? We go the summer, o~ course, we've gone ~ swimming' Throughout work on. 3 swimming- We have projects around the house we We visit my sister- We visit the 4 We visit my parentS- 5 ~amilY on that side. Those tYpeS o~ things- Q Since you changed the schedule to the 6 seen any changes in your 7 current 4/3, 3/4, have you in with. S children? ' A AbsolutelY' I see them more to beg in the noticed 9 Q What changes have you 10 ete · 11 children? A They seem happier- They seem more compl 12 things- I get to do the small 13 I get to see the small 14 things with them that I frankly didn't have time with 15 before- I see them reacting to some o~ the things I'm 16 trying to give, the responsibility' the ~act that I'm just 17 there- They react to just me being there ~or them as their lB ~ather- And it doesn't get any more important than that. Q Do you know how to administer medication l~ 9 20 your children are sick? A sure. 21 the standard over_the-counter Q Do you have 22 23 medications in your home now? A Yes, I do. 24 at the custody conference, Q when we were 25 14 1 there was a concern voiced by Kathleen that you took the 2 kids to softball games with you when you participated and 3 played softball. Do you recall that? 4 A Yes, I do. 5 Q Did you at the time think it was appropriate 6 that your children should 9o to softball ~ames and watch 7 you participate in softball? 8 A Yes, I felt that was appropriate. 9 Q Why did you think that was appropriate? 10 A They 9et to see their dad doin9 something 11 that he enjoys. They are very involved with sports. They 12 play soccer and baseball and football, etc. And as a role 13 model as a father, why can't I just show them how I do it? 14 Q As a'result of that custody conference and 15 Kathy's complaints about you takin9 them to softball where 16 you played, what did you do? 17 A I quit softbal 1. 18 Q Why? 19 A In order to try to placate her to 9et this 20 situation solved. 21 Q If the children were to live with you on a 22 4/3, 3/4 basis, would you continue to try to placate Kathy, 23 as you say? 24 A I 9uess it depends on specifically what 25 you're talkin9 about. I do not want to in any way take the 1 children away from their mother. I do not-- I think it's 2 important. They need both parents equally, and I am not 3 here to try to take that spear of influence away from them. 4 They need their mother. They need their mother's family. 5 But equally, they need their father. They need their 6 father's family. That's why I'm here. 7 Q Now you've reviewed the May 10th order, have 8 you not? 9 A Yes, I have. 10 Q Are all the conditions in there, the terms, 11 the holiday schedule, the vacation schedule, etc., are 12 those terms acceptable to you? 13 A Yes, they are. 14 Q If you had the children on a 4/3, 3/4 basis, 15 from this day forward and into the school year, how would 16 you arrange for them to ~et to school or ~et from school to 17 you at the be~innin~ or the end of your custodial periods? 18 A I have hired someone at the restaurant as a 19 manager position to cover the shifts that I need in order 20 to pick up the children and to take the children home. I 21 have sample schedules in my folder, and it has been workin~ 22 throughout the summer. 23 Q When you say, sample schedules, you mean for 24 your employees at work? 25 A Yes, just to keep the restaurant runnin~ to 1 cover myself so I can do all those things that need to be 2 done as far as pickin9 up the children, takin9 the children 3 to school, etc. 4 Q Okay. So the kids 9et priority and the 5 restaurant takes care of itself? 6 A Absolutely. 7 Q Do you have a baby-sitter lined up in the 8 event you need one? 9 A Other than my parents-- my father is now 10 retired, my mother, I have my two sisters. Additionally, I 11 have an ex-employee that worked for over a year at the 12 restaurant who the children know and who the children have 13 agreed as far as baby-sittin9 purposes. I have spoken with 14 them and say, how about this person as a baby-sitter, and 15 they're fine with that. So I have plenty of coverage 16 baby-sittin9 wise if need be. 17 Q You said that you and the kids have 9otten 18 the opportunity to spend more time with your family over 19 the summer since this change in custody. How do the 20 children seem to-- how do they seem with regard to that 21 change? 22 A They welcome it with open arms. They have a 23 really 9ood relationship, especially with my sister and her 24 children. They seem to be joined at the hip. And that's a 25 relationship that the children need and the children want 17 1 desperately. 2 Q If this schedule were to remain in place, 3 4/3, 3/4, do you foresee any difficulties with their 4 academic performance in school? 5 A I foresee none at all. 6 Q Is it your desire they continue in the same 7 school district where they currently attend? 8 A Absolutely. 9 Q If they needed help wi th homework, would you 10 be capable and able and willin~ to do that with them? 11 A Absolutely. That's what I want to do. 12 MS. ETTER DISSINGER: I have no other 13 questions. 14 THE COURT- Ail right. What is the distance 15 between the two residences in miles? 16 THE WITNESS- It takes 15 minutes to get 17 between. Distance, 10, 9, 8, 10 miles. 18 THE COURT: Okay. And what school district 19 are the children in now? 20 THE WITNESS- South Middleton. 21 THE COURT. Are Gardners and Boilin~ Springs 22 both in Cumberland County? 23 THE WITNESS: Yes, they are. 24 THE COURT- Mr. O'Brien. 25 CROSS EXAMINATION 1 BY MR. O'BRIEN' 2 Q Mr. Marsh, when we went to the conciliation, 3 you insisted that you wanted the children half the time, 4 and your ex-wife stated that she would give you additional 5 hours, long weekends and every Wednesdays, but that was not 6 acceptable to you? 7 A No, my recollection, she did not offer me 8 additional time. I think it was less time, as I recall. 9 And that was unacceptable- 10 Q You are insistent on an equal amount of time 11 with in your home, is that correct? 12 A That's why I'm here. 13 Q Yet over the summer months, the children 14 have been spending extensive periods of time with other 15 members of your family and outside of your home, is that 16 correct? 17 A I disagree with that characterization- 18 Q How often are the children brought to your 19 house and dropped off? 20 A By whom? 21 Q By Kathy? 22 A Less frequently than I go get them. 23 Q Well, isn't it true that more often than 24 not, the children are brought to your mother's home or 25 picked up at that location or brought to your sister's home 1 and picked up at that location rather than at your home? 2 A No, I disagree with that. They are not 3 brought to either one of those places more frequently than 4 I pick them up. 5 Q Kathy a~reed to attend counselin~ to see if 6 the two of you could improve your communications, is that 7 correct? 8 A That's correct. So did I. 9 Q And do you admit that you had a lot of an~er 10 and resentment, and that made it difficult for you to 11 communicate with Kathy? 12 A No, I don't think that's the proper term 13 either. Initially, whenever we separated, yes, there was a 14 bunch of that. Now in hindsight, is there an~er? Sure, 15 there's an~er. More than anythin~ now, I feel sorry for 16 her. That's the truth. 17 Q Are you able to effectively speak to her to 18 discuss the children? 19 A As much as she's able to effectively speak 20 with me. 21 Q Your choice of communication oftentimes is 22 to send written notes in sealed envelopes? 23 A My choice of communication is to try to 24 communicate to her as much as possible verbally. Verbally 25 wasn't working. I chose to try letters in order to open up 20 1 a line of communication between us. 2 Q Why were the verbal communications not 3 working? 4 A That's a 9ood question. I don't know the 5 answer to that. 6 Q was it because you didn't like the answers 7 that you were receiving? 8 A No. 9 Q You had the children for a week's vacation, 10 is that correct? 11 A That's correct. 12 Q What did you do with the children during 13 that week? 14 A Well, we played Wiffle ball. We went 15 swimming. We visited my parents. We worked around the 16 house. We mowed the grass. Let's see. What else did we 17 do? Little things like that. 18 Q Did the children go camping at all? 19 A No, we didn't go camping. In fact, we 20 didn't go-- every day, we didn't go some place in 21 particular like some place, some people choose to do. I 22 don't think I need to buy my children. I don't think I 23 need to take them everywhere every day of the week in order 24 to have them entertained. I think it's more vital for the 25 children to be with their father doing normal stuff. I 1 think they need a break from daily ~oin~ somewhere, daily 2 spendin~ money, and some kind of event. I think it's vital 3 they have time to do nothing. 4 Q The children went-- you do admit that the 5 children spend a lot of time at your sister, Becky's, home? 6 A Well, I admit they spend time wi th Becky. I 7 don't know about the word a lot. 8 Q Do they spend overnights there? 9 A Sure. 10 Q Do they spend overnights at their 11 ~randmother' s home? 12 A Sure. 13 Q Do they eat at their ~randmother's home? 14 A Sure. 15 Q Do they eat at their aunt's home? 16 A Yes. They do both thin~s in my house also. 17 Q Out of the days that you've had them, would 18 you say that they've spent half the time at your home or 19 more than half? 20 A More than half. 21 Q Now you indicate that because you're the 22 manager, you can set your schedules around the children? 23 A That's correct. 24 Q So you're statin~ that for every day that 25 you've had the children durin~ this summer trial period, 1 you've been off work? 2 A No, I'm not statin~ that nor has she been 3 off work every day she's had the children. But the facts 4 of life are, we have to survive, and we need to make money. 5 The business has to live. But I don't think that's a 6 lesson the children don't need to see either. No, I 7 haven't been off every moment I've had the children. Have 8 I been off a reasonable amount? You bet. 9 Q What's your work schedule like? 10 A As far as? 11 Q Yeah, on-- you say the restaurant is closed 12 on Sunday now? 13 A That's correct. 14 Q So Monday through Saturday, what is your 15 work schedule? 16 A Well, it varies now with the schedule. I'm 17 usually off the Saturday that I have the children, the 18 weekend, the Saturday and Sunday. Friday, I usually 19 workday shift until five. Let's see. That would put 20 Monday and Tuesday. Normally, I'd also have Monday and 21 Tuesday with the children. I'm usually off one of those 22 days and work four hours the other day. And then the week 23 where I have three, it's usually one of those days off and 24 four-hours shifts the other two days. 25 Q And then when you're working, then the 1 children are either with your sister or your mother? 2 A Usually. 3 Q Where else would they be? 4 A They would be with me. 5 Q At work? 6 A That has happened once over the summer. 7 Q When did you quit the softball team that you 8 played on? 9 A I'm sorry? 10 Q When did you quit your softball team? 11 A Right after the conciliation hearing. And 12 now we are back in the play-offs, and they've approached me 13 about the play-offs, and I have decided to ~o back and play 14 last week. 15 Q So you're back playin~ a~ain? 16 A This week, one more night, tonight. 17 Q And you use the term that you discontinued 18 softball to placate your ex-wife? 19 A That,s correct. 20 Q And you used the term that the children 21 desperately want a relationship with their cousins, is that 22 correct? 23 A Desperately want a relationship with who? 24 Q Their cousins? 25 A In my opinion, yes. 24 1 Q Did they visit with them prior to this new ~ arrangement? A Not nearly as much. It was part of the 3 frankly I 4 reason I did the letters, was to try to show that 5 was trying to get the children to be with each other more. 6 And it was always, they were always doing something- They 7 were always busy. It would never work out that I could see 8 them or my family could see them. In my opinion, that was 9 Kathy's way of controlling the time with my children- 10 Q Do you run into Kathy last evening and speak 11 about exchanging the children? 1~ A Yes, I did. 13 Q For this morning? 14 A Yes, I did. 15 Q And did she ask you to be accommodating so 6 that they could be picked up earlier? 17 A No, she didn't. 18 Q What did she ask you? 19 A She didn't ask me anything- I saw her. I 20 said, the children would be at Becky's house. You can pick 21 them up at 9-00 this morning, which is the scheduled time 22 of the transfer- 23 Q And she didn't request that because she had 24 to be in this court hearing at 9-00, that she could do it 25 earlier? ~ ~°'oo~e~oOd~ ct~°v%~ ~f ~e~, ~~, ~ ~e~ . % _~ed, co.kd ~e o~e~' . ~e~, ~~ ~ ~ ~~e seels ~e~e~ ~e ~ c~ B~~ ~ ~ ~ 9 ~ O0, ~e 0, ~~c~ 6' ~e~eo~a~%e ~ Bo ~o~ ~ d~~ ~ O _~ o~ ~~' ,~~ ~e~ ~a~ge~e~s ~ %0 . ~ca~e ~e~ .~e~e~ ~ cO~ ~ ~e ~, ~ e -,o~ ~ ~o~ ~5 X -~~ge~°~e ~ ~ ~ead %o .~ %o~ ~o~ % do- d~d ~o~ ~ % ~1 d~ e~? O~a~' c o~e~~ c ~d ~°~ ~o~'~ 1 A Yes, that was my comment. 2 Q And you said that to her? 3 A Yes. 4 Q And did you also say, are you tryin~ to 5 screw me out of some of my hours? 6 A That might be paraphrased. 7 Q And you were very insistent that you not 8 lose any of your hours with your children, is that correct? 9 A I feel since separation and since divorce, I 10 have been more than accommodating, tryin~ to bend. But I 11 also feel, in my bending, in my accommodating, she's taking 12 advantage of that and tryin~ to use that to take hours from 13 me, take time from my children. Part of the reason I'm 14 here is because that process is not working. That process, 15 in my opinion, is not fair. 16 We need to have somethin~ in writing, 17 somethin~ solid, and then ~o from there, because honestly, 18 I feel that she feels she's bein~ fair about the process. 19 I believe that. And honestly, I do not feel she's being 20 fair about the process. So we have a disagree of truce. 21 How do you attack that? The ar~uin~ back and forth is not 22 accomplishin~ anything. That's why I'm here. 23 Q Have you in the past been contacted by Kathy 24 and asked if you wanted to see the children, and you 25 declined to spend time with them? 1 A Absolutely, I never remember doin~ that, 2 never. I have contacted her many, many times, askin~ to 3 see the children and been denied because they are at 4 something. They're busy basically. I never remember ever 5 sayin~ that. 6 Q Hasn't Kathy in the past worked with you so 7 that the children could attend your family functions, times 8 with their-- 9 A It's like pullin~ teeth, and there's always 10 a cost. You do this, and you ~ive me twice back. In my 11 opinion, that ' s what' s happened. 12 MR. O'BRIEN. I have no further questions. 13 THE COURT- Ms. Etter Dissin~er. 14 REDIRECT EXAMINATION 15 BY MS. ETTER DISSINGER. 16 Q Mr. Marsh, Mr. O'Brien was askin~ you about 17 your hours and how much time you were away from the 18 children while they're actually in your custody? 19 A Right. 20 Q If you could, try to calculate for me 21 quickly how many hours you think that the kids are-- while 22 the kids are in your care, how many hours are you at work 23 when you could be with them on a weekly basis? If you need 24 to look at the two separate weeks, then tell me one week 25 and then the other week, how many hours? 28 1 A Perhaps eight. 2 Q Each week? 3 A Perhaps. 4 Q Are you familiar with Kathy's work schedule? 5 A I know her schedule chan~es, and I'm really 6 not familiar with it. I don't know when she works. 7 Q She works a 40-hour week, Monday through 8 Friday? 9 A As far as I know. I believe there's some 10 overtime involved. I'm not sure of that. 11 Q Does she usually work this same shift when 12 she works, do you know? 13 A She used to. What she does now, frankly, I 14 don't know what her work schedule is. 15 Q So you don't see that it's a problem for a 16 parent who has physical custody of their children to go to 17 work for eight hours a week durin~ the time they have those 18 children? 19 A No, I don't see that as a problem. 20 Q Do you think in most families, whether the 21 parents are divorced or not, that they are away from their 22 children durin~ work hours more than eight hours or less 23 than eight hours? 24 A Absolutely, absolutely. The way the 25 children' s schedules are these days, the children are also 1 away from the parents. 2 MS. ETTER DISSINGER: I have no other 3 questions. 4 THE COURT- Mr. O'Brien. 5 MR. O'BRIEN: I have no further questions. 6 THE COURT- Ail right. You may step down. 7 Thank you. 8 MS. ETTER DISSINGER: I have no other 9 witness at this time, Your Honor. 10 THE COURT. Ail right. Did you want to 11 reserve some time in the event that the person you referred 12 to as Ms. Rissin~er would be available? 13 MS. ETTER DISSINGER' Yes, if she's 14 available, I'd like to do her before-- when she calls, if 15 she calls in. And if she doesn't, if I could reserve a 16 couple of minutes for perhaps some rebuttal from my 17 client's mother or his sister. It may not be necessary. 18 THE COURT- Certainly. You' re well wi thin 19 your time period so far. In fact, only a half an hour has 20 been consumed. Mr. O'Brien. 21 MR. O'BRIEN: Yes, we're ready to proceed, 22 Your Honor. I call Kathy Marsh. 23 Whereupon, 24 KATHLEEN SUSAN MARSH 25 havin~ been duly sworn, testified as follows- 1 DIRECT EXAMINATION 2 BY MR. O'BRIEN: 3 Q Would you state your name, please? 4 A Kathleen Susan Marsh. 5 Q And Kathy, you're the mother of the three 6 children that are the subject of this custody hearing? 7 A That's correct. 8 Q You and your husband separated in April of 9 1997, and the children remained in the home with you? 10 A That's correct. 11 Q Where did your husband move to? 12 A He originally moved back in with his 13 parents. 14 Q When you first separated, what contacts did 15 he request to have with the children? 16 A He requested to have the three nights a 17 week. His reasonin~ to me was that he did not want them to 18 forget him, and he requested to have just the overnights, 19 and so that's what we did. 20 Q And those three overnights then continued 21 until you've come to this process of the conciliation, the 22 counseling, and now this court hearing? 23 A Correct. 24 Q When your ex-husband filed, and we met with 25 the conciliator, did you have a proposal for some expanded 31 1 time? 2 A Yes, I really-- I didn't request to do this, 3 but we decided that we would try to compromise and do some 4 lon~ days of times, lon~ blocks of time by ~ivin~ him every 5 other weekend and still ~ive him the Wednesday nights 6 durin~ the week, so that we could ~ive him more time with 7 the kids. 8 Q And he rejected that at that point, is that 9 correct? 10 A Yes. He said he would do nothin~ but the 11 absolute half and half. He wanted his half. 12 Q And hence, the conciliator recommended that 13 and you agreed to attend counseling, is that correct? 14 A That's correct. 15 Q Why did you a~ree to attend the counselinw? 16 A Because she had recommended that we do the 17 counselin~ so that we could communicate better and try to 18 reach some type of compromise without comin~ to court. 19 Q From the point of the separation to the time 20 that you met with the conciliator, tell the Court about any 21 difficulties that you perceived in communicatin~ with the 22 children,s father? 23 A When we would meet, I would try to talk. 24 Basically, a lot of this stuff is just who was pickinw them 25 up or what or communicate as far as anythin~ medical, 32 1 anythin~ involvin~ the kids. Lots of times he would say, I 2 don't want to hear anything, just tell me what I need to 3 do. If it would be like a Tylenol thin~ or if I'd take 4 them to the doctor for antibiotics, if I would say 5 somethin~ he didn't like, he would ~et angry, make snide 6 remarks, or, you know, kind of put the kids in the car and 7 slam out of the driveway. 8 I've had-- I know that at one point, I did 9 ask his mother to please ask me for the extra time because 10 he was the one bar~ainin~ for the time and saying, if you 11 want these two hours, then I want two days with, that they 12 can be with my family or someone else. 13 Q Had you attempted to be accommodatin~ to the 14 children's father and other members of his family with 15 havin~ the children spend time with their father or members 16 of his family? 17 A Yes, I really feel I have. There have been 18 lots of-- this has been four years now. There have been 19 lots of birthdays with the cousins. I have never said that 20 they couldn't do that. I've always let them ~o to all the 21 birthday parties. There have been birthday parties with 22 Bob's cousin's kids. 23 There have been times when their ~rammy, 24 Bob's mother, wanted to bake ~in~erbread houses, make 25 little thin~s for Easter, you know, do the bakin~ projects. 33 1 There was at least one day that Becky had tickets for 2 Hersheypark through her husband's work. She wanted them 3 for a holiday at Hersheypark. Last year, ~rammy and pappy 4 wanted four whole days to go to Konoble's. Fine, no 5 problem. There have been several times. 6 I'm goin~ to say, two or three of the times 7 that he has asked me where I've had somethin~ planned, and 8 I had to say, I'm sorry, we have somethin~ planned, that I 9 can't be accommodating. I've even been accommodating to 10 Bob's past ~irlfriend's parents. They had some type of egg 11 decoratin~ contest or some type of-- somethin~ on a Sunday 12 afternoon. 13 You know, there have just been a lot of 14 things that they have been allowed to ~o do. I do not want 15 to deny them those times with the family. When we were 16 married and to~ether, I did a lot with the family. And I 17 took them up there every Sunday because I thought it was 18 very important that they be with family, with both 19 families. 20 Q Did you ever attempt to extract promises or 21 concessions? 22 A No. 23 Q From the father in exchange for allowin~ the 24 children to spend time? 25 A No, the only time that I could even think of 1 that is when he was trying to, like I said, I wanted them. 2 And I believe that was even a Christmas Eve. I wanted to 3 bring them back a little bit later, because we had a 4 special family dinner every Christmas Eve at my sister's. 5 And he was going to have them overnight that night into 6 Christmas morning, and he was going to tell me, the only 7 way is if I gave him two days. I said, you know, that's 8 really not fair. But I don't bargain for time. All the 9 other times have just been, if they want them to go to a 10 party, that's their cousin's, that's what they do. 11 Q Do the children enjoy spending time with 12 Bob's sister, Becky, and their cousins, I guess, and step 13 cousins? 14 A Yes, they do. They're pretty close in ages. 15 And Becky has a baby that's just a little over one year old 16 that they-- they, of course, they love the little baby. 17 They do enjoy spending time with them. 18 Q And you encourage that, and you like that 19 the children are spendin~ time with them? 20 A Yes, I do encourage family involvement with 21 both. 22 Q What is your impression as to where the 23 children are when they're on their father's time? 24 A On their father's time, I'm not really ever 25 sure who's pickin~ them up or, you know, where I have to 1 take them. Before this whole conciliation, he was talk n~ 2 about more time, and I had written down once, and I think, 3 4 out of 16 times, Bob actually picked them up and was w th 4 them, and the other times it was numerous members of the 5 family. 6 So it might be ~rammy or pappy or Becky or 7 the other sister, Robin. It's even been the nephew, Shawn, 8 not nearly as much, just a few of the times. Even has been 9 Bob,s ~irlfriend a Couple times. I truly believe, not that 10 I ever resent them spendin~ time With the family, family is 11 important, but I think that he's requestin~ so much extr 12 time. He needs more time, but I don,t think that he rea ly 13 ever Utilized the time that he did have with them. 14 15 in? Q What activities are the children involved 16 A Right at the moment, they,re involved__ the 17 ~irls are in SOccer which this past year have played year 18 round. At this point they just practice twice a Week, 19 which they will continue through school, and then have 20 ~ames on Saturdays. Aaron is involved in football right 21 now, which is every night of the Week, six to eight, and 22 then once school starts, it will be three nights a week and 23 Sunday ~ames. The ~irls are also in band, and they play 24 the trumpet. Some church activities 25 , Saint John,s kids. Q What is the ~irls,, the SOCcer activities at 36 1 the present time? 2 A At the present for the summer, they practice 3 now two nights a week, Tuesday and Friday, 6 p.m. to 8 p.m. 4 Q And what is Aaron's football schedule? 5 A Monday through Friday, 6 p.m. to 8 p.m. And 6 that will change at the beginning of school. 7 Q And what will it change over to at that 8 point? 9 A Three nights a week. It will be Tuesday, 10 Wednesday, Thursday, 6 p.m. to 8 p.m. 11 Q And games then would be? 12 A On Sundays. Basically on Sundays. There's 13 one Saturday night they get to play under the lights. 14 Q Associated with those activities, there are 15 things such as uniforms, equipment, items such as that. Do 16 you anticipate a problem if the children are switching back 17 and forth between the two homes? 18 A I do anticipate a problem because they 19 will-- with soccer, they have their shin guards. They have 20 cleats, soccer socks. Aaron will have all of his helmet 21 and padding and shirts and different things that he needs 22 to have. There have been problems in the past with things 23 going back and forth. I can cite one thing. 24 I know for soccer, indoor soccer, Bob took 25 Aaron to the first game because he requested to do that on 1 a Sunday since the girls had a game. He never had his 2 indoor soccer shirt the whole time. I just-- because I 3 kept asking Bob for it over the six weeks. And he never 4 found it. I just recently asked for laundry to come back 5 because I didn't have many pairs of shorts for Aaron. 6 I got like 11 shirts and 10 pairs of shorts 7 or something. And that soccer shirt was in it. So 8 wherever it was. I do know that the kids will tell me when 9 they came home from Bob's week with them, they didn't bring 10 any of their clothes, and they said that they were-- they 11 must be at grammy's in the wash, and I didn't know we 12 weren't ~oing back to grammy's. So I think that there 13 would be problems. 14 I think the kids are ~ood kids and they can 15 try to remember, but they still need those constant 16 reminders of where to bring what. There's been soccer 17 balls still left at daddy's that they still need for 18 practice, and we'll have to pull out another one of them. 19 But, you know, you can only stock so many of them. 20 Q Just recent in the past few weeks, you had 21 provided all the clothin~ for when the children went over 22 to visit with their father and his family. Is that the way 23 that it works? 24 A Right. When they were going over to Bob's 25 or to the family's, they would pack their bag, and they 1 would pick the outfit that they wanted, and then, you know, 2 they could bring it home to me. I'd wash it or whatever or 3 it would come home whenever he brought a stack of laundry 4 home. 5 Q What are the strengths that you see for the 6 children remaining in your home as a primary home for them 7 to operate out of for school and their supporting 8 activities and their social activities? 9 A I think the biggest strength is the 10 consistency that can be provided. We had a real good 11 routine this year. When they came home from school, they 12 did their homework. They knew that was just priority. 13 When they came home from school, they sat down, they did 14 their homework. I knew if they had practice, say, at six, 15 I get off work most days at 3-00, which means that I can be 16 home in time to make them some type of supper early enough 17 that they can eat and be ready to practice without going 18 out there and being sick on a big meal, but I could still 19 get somethin~ 9ood into them ahead of time. 20 They have their stuff at home. I think, you 21 know, especially with having trumpets and all the gears, I 22 think that they just have a good consistency with me. I 23 think that the girls are going into 7th ~rade, and it's a 24 very difficult year. They need to sit down. 25 They're good kids, but they still need all 1 those reminders- Alicia might come to me at 8-00 on a 9. Thursday night and say, oh, by the way, I need material- 3 We have to make a book, and I have to write the story. And 4 sometimes they do need those reminders and those 5 consistencies to be sure that everything is done. 6 Q Had you always attempted to provide the 7 children'S father with all the information coming back from 8 the schools for the children? A I have always copied everything that I get 9 10 for him. I do have two big manila folders at home just 11 because of some of it, because he was saying that he wasn't 12 getting the stuff- I even copied-- he likes to be . 13 involved-- like if it's, say, something that they' re doing 14 a reading program or they're in band and they give you the 15 rules and you have to sign it, I even provide two of those 16 copies so that if he would like to sign those and send them 17 back in with his signature as well as mine so they know the 18 father is involved, he can do that. 19 Q What activities do you do wi th the children ~0 during the time that they're with you? A We do a lot of different things. My family 21 That'S 22 is very into-- we hike. I take them snake hunting- 23 kind of a big deal that they like to do. But we do-- we 24 hike. We swim. I'm just trying to think. A lot of 25 outdoor things. I'll play hockey with them in the 4o 1 driveway. We'll ~o out to the park. I did, when I had 2 them for a week, because I took a week off this summer just 3 to be with them. 4 I know there is down time they like, but I 5 also asked them, is there a vacation, what are the thin~s 6 you would like to do. So like, I took them to Baltimore 7 Aquarium to see the Inner Harbor and Fort McHenry. We did 8 a water park, which was just pure fun. But then we took a 9 day off where we just ve~ed and did nothing, just kind of 10 stayed around the house and played ~ames. We do a lot of 11 ~ames like Who Wants To Be a Millionaire, and they like 12 card ~ames. 13 Q And-- in re~ard to your work, could you tell 14 the judge what your position is with the county nursin~ 15 home? 16 A I'm a nurse manager. I did have two win~s. 17 Now with the renovation, I'm down to one win~ until we move 18 back. Basically, I'm a-- I'm scheduled as a Monday through 19 Friday, 7 to 3, which I took that position originally so 20 that I could be with the kids more. Now there is somebody 21 in the morning. I can ~et the ~irls on the bus, but Aaron 22 spends about an hour to an hour and a half with the 23 neighbor who also has a child his a~e. 24 I used to have a lady come in the home so 25 that they could ~et up with her. Basically, I take the 7 1 to 3 so I can be home to do all their activities and ~et 2 them where they want. I do have a lot of flexibility at 3 work in that. There are sometimes I can't take off. 4 Doctor days are real tou~h to take off if I need to be with 5 the doctor, but I can work an 11 to 7 shift and ~et a day 6 off if I wanted to do a field trip or if I have somethin~ 7 special with the kids. 8 I do that in the summer, if I can. My staff 9 scheduler knows that she can make deals with me if she 10 needs a nurse for the 11 shift on a night. She knows what 11 nights Bob has the kids, and she knows that if it's a 12 Sunday or a Wednesday or Friday night, and she needs an 11 13 to 7 nurse, she can call me and say, let's make a deal. I 14 can ~ive you a day off, and I don't have to take that the 15 next day. I can take that, you know, maybe I know that 16 there's a Columbus Day or a field trip comin~ up. I can 17 take that day. 18 So I have flexibility that way. I just did 19 that the last weekend because Bob had the kids. I worked 20 12 hours over the weekend, so when I had them Monday and 21 Tuesday, I only had to work the four, and was able to be 22 home with them. 23 Q How are the children doin~ in school, by the 24 way? 25 A They do very well. They have S's and O's. 1 O's for outstanding. Aaron ~ets mostly outstandin~ plus. 2 The ~irls are either distinguished or just barely missin~ 3 it by a couple points. They do very well. They also do 4 very well as far as socially. I always ask about that to 5 make sure that there's no other effects, that they're doin~ 6 well socially. 7 Q You've encouraged the children, I take it, 8 to do well in school and to become active in sports and 9 social events? 10 A I encourage them always to do well in 11 school, to do their homework, and, you know, where it can 12 ~et them. I do encourage them to try thin~s as far as 13 sports go. It's only if they want to do the sport. The 14 girls don't want to do anything but soccer, and that's 15 fine. That's what they've chosen, and that's what they 16 want to do. Aaron thinks that he needs to try a little bit 17 of everything, and that's fine. I do encourage them, if 18 they choose to do that, then, yes, I encourage them to put 19 their best into it. 20 Q Do you have arrangements for the children to 21 attend church and Sunday school? 22 A Yes, until this summer with the trial when 23 we've changed them back and forth at 9 in the morning. We 24 go to church at Saint John's Lutheran in Boiling Springs 25 just about every Sunday, even through the .summers. Like I 1 said before, this summer, they do ~o to Sunday school. As 2 a matter of fact, especially with the one teacher they had, 3 they really enjoyed it and even said, yes, let's ~o through 4 the summer. 5 They do-- I encourage them to ~o to Bible 6 school. They have always done that. One year they were at 7 church camp. They went to church camp two years. They 8 belon~ to SJ Kids, which is the youth organization in that 9 church. Girls have also had their first communion. And 10 Danielle would like to be acolyte, but we have to work that 11 out as far as schedulin~ ~oes. We couldn't do that this 12 summer. 13 Q Now when school starts up, you'd want to 14 have the children in your home for the school evenings, 15 other than permittin~ the father to have them every 16 Wednesday evening, is that correct? 17 A I do. And I think that it worked out so 18 well, even with him havin~ them Monday and Wednesday and 19 Friday evenings. They still had that routine. They came 20 home with me. They did their homework. They ~ot some type 21 of meal. If they had practice, a lot of times we would 22 meet at practice. You know, that would be kind of the 23 exchange point. But I do encourage that. I do think that 24 is the best for the kids to have that roUtine after school. 25 Q And then your proposal would be that on 44 ~[~ 1 alternatin~ weekends, that he could pick them up Friday 2 evenin~ and then keep them and brin~ them back Monday 3 morning? 4 A Yeah. I think we even had originally said 5 Sunday night, and even said, you know, we'll ~ive him a 6 little more time and do the Monday morning. I think that 7 when Bob had asked for more time, I thought he wanted $ quality time with his kids. He did make a statement at one 9 point, I don't want quality time, I want my half the time, 10 which I think-- I mean, that,s-- I think that the quality 11 time is important. I think by ~ivin~ him whole Saturdays 12 and Sundays, I think that that,s where, if he really wants 13 to spend time with his kids, then that,s the time, that's 14 ~ivin~ him that extra time. 15 Q You're satisfied with the alternatin~ half 16 time schedule durin~ the summer? 17 A Well, we had said about just vacation times. 18 I know we had talked about this, and I've done this before. 19 Durin~ the summer, like he usually brin~s them back Monday 20 morning, but durin~ the summer I'd be working. I said, 21 well, why don't you keep them until I'm done with work, 22 because then you have another whole day with them. He 23 could ~et Mondays and Thursdays all day. I did try that at 24 the be~innin~ of the summer, and I did write that down. 25 At least three occasions right in a row, no, 45 1 I have to work. You just, you know, take them back, or 2 I'll brin~ them back to your father's at nine or whatever. 3 So he, you know, to have that extra time, if I'm ~oin~ to 4 be working, that ~ives him two whole extra days in the 5 summer to be with them and do stuff with them. 6 Q And he rejected that? 7 A He rejected that. I know there were at 8 least three times right there in the beginning of June that 9 I actually verbally said it to him, do you want to keep 10 them, and I'll get them after work. 11 Q The custody conciliator in her report had 12 indicated the holiday schedule. Is that what you're still 13 thinking to be a good idea? 14 A I think that's fine. We live close enough 15 that, that way the kids can spend time with both of us and 16 also with both families, especially for like Christmas and 17 Thanksgiving that are so important to be with family. 18 Q And you did request, I guess, of the father 19 on July 4th to exchange some time, and it was rather 20 acrimonious? 21 A What happened was, July 4th, I was supposed 22 to have-- according to the conciliator.s schedule, I was 23 supposed to have them in the afternoon of July 4th, which 24 was a Wednesday, and Bob would have had them in the 25 morning. The week before, I saw that it was my week to 1 have them Monday and Tuesday. I.just really felt that it 2 was not ~ood for the kids, to drive them Tuesday night to 3 Bob to have them for the morning, ~ive them back to me 4 Wednesday afternoon, ~ive them back to Bob Thursday 5 morning, and then him to have-- yeah. 6 There would have been like three exchanges 7 there in the matter of the three days. So I called Bob the 8 week before, and I said, Bob, if you don't have anythin~ 9 planned, would it be okay with you just to switch that 10 mornin~ and afternoon so that I would just keep them from 11 Monday, Tuesday, into Wednesday afternoon, and then he 12 could ~et them Thursday afternoon to keep them into Friday, 13 because it would still be a half a day and an overnight. 14 Then Monday night, he called me. I was out 15 in the ~arden. And he called me, and he said, asked me if 16 I had ~iven any thought to how many hours that was. I 17 couldn't think. I said, no, I haven't. I knew it was a 18 night and a half a day. I just put that out to you. And 19 he ~ot very angry with me and nasty screwin~ him out of the 20 hours. 21 He wanted every hour that he was entitled 22 to, and it had to be done to the hour. So I offered-- I 23 said, I can't think. I just couldn't think when he said 24 that about down to the very hours. So I called him back. 25 I said, I need to figure that out. And I called him back 1 and said that he would have been short one hour, so if he 2 wanted to pick them up at 1.00 instead of 2, that would be 3 fine with me. 4 So then he left me a message, 1-00 pick-up 5 is fine. And so that's what we did then to keep the 6 children from going back and forth three times. 7 Q Do you feel through the counseling process 8 and this trial period that your ability to communicate with 9 the father has improved? 10 A No, I don't. I do feel I try to talk to Bob 11 at least especially on information about the kids. If they 12 ~o to the orthodontist, I want to tell him what they said. 13 If, you know, if one of the children has been sick, I want 14 to tell him, I ~ave him Tylenol at 6-00. She's vomiting. 15 She's whatever. I want him to know these things. And a 16 lot of times, he'll say, I don't want to know. Just tell 17 me what to do. 18 He writes me these types of notes because he 19 says he can't talk to me. He seals them and then tapes 20 them and then hands them to me. And he says, it's because 21 he can't talk to me. But one Saturday morning this summer, 22 he sat in my driveway and had a very nice conversation 23 about our daughters growing up and what kind of things we 24 would do as they approached their womanhood and what 25 products we would use. Now if he can have a conversation with me 1 2 about something so personal, why can't he talk to me about 3 anything else? I really feel that. I think that we need 4 to be able to communicate back and forth in the best 5 interest of our kids not do it by letter or by nasty 6 comments or threats. I just really believe that's important. But 7 8 I believe the counselor was trying to encourage that, and 9 that's why we compromised the trial period and to see what 10 we could do this summer to try to be accommodating or 11 compromising, but I do not think it's working. 12 Q Are you willing to continue working with the 13 father with the counselor? I mean, do you think that 14 there's any further benefit that can be gained? 15 A That's a difficult question. I think that 16 sometimes talking things through does help, even the 17 talking even to just be in the same place where you have to 8 talk about stuff for a little while or bounce it off 19 somebody else. I think that does help sometimes. I think 20 he's made it quite clear in her office that he wants what 21 he wants, and he's going for it, and that he doesn't want 22 to compromise- So I think that's a difficulty there, too. 23 But I think sometimes talking things through is the only 24 way you can get there. MR. O,BRIEN' I have no other questions. 25 1 THE COURT- Okay. Ms. Etter Dissin~er. 2 CROSS EXAMINATION 3 BY MS. ETTER DISSINGER. 4 Q Ms. Marsh, you say he doesn't want to 5 compromise. At the custody conference, when he came to the 6 conference initially, he was ~ettin~ the children Monday 7 overnight, Wednesday overnight, and Friday overnight every 8 week, correct? 9 A Uh-huh. 10 Q So in the course of the two-week period, he 11 would have the children six days basically, correct? 12 A No, not correct as far as six days. He had 13 them three evenings a week. 14 Q Okay, but he had them overnight? 15 A Every night, yes. 16 Q He had them overnight. Six overnights every 17 two weeks or-- six overnights in a two-week period? 18 A Yes. 19 Q Okay. And under your proposal to him that 20 he would have alternate weekends and only Wednesday night, 21 he would have seen the children and been able to tuck them 22 in five nights then, right? 23 A To actually put them to bed five nights, 24 correct. 25 Q How does that amount to ~ivin~ him more time 50 1 with his children? 2 A We had looked at it as quality time. When 3 he was askin~ for time, he wanted time to spend with his 4 children. To me, while they're sleeping, I mean, yes, it's 5 nice to be there to say ~ood night to them, ~et up in the 6 morning. But he was talkin~ blocks of time to do thin~s 7 with the kids. By doin~ Saturday and Sunday, there,s two 8 whole blocks he's never had. He picks them up at 6-00 at 9 night. Now ~ranted, their homework is usually done, and 10 they're fed, so it's free time, unless practice or 11 something, but that,s a weekend. 12 That,s the whole weekend to maybe ~o away 13 and do somethin~ with the kids or just be with them for the 14 weekend. I mean, I feel that-- originally, he picked those 15 nights. He picked it. He wanted that, and I went with it. 16 And now he's askin~ for somethin~ different, and I was 17 tryin~ to work with that. 18 Q And you thought it was ~ivin~ him more by 19 ~ivin~ him fewer days but more hours on other days, is that 20 how you looked at it? 21 A No, by ~ivin~ him quality time with his 22 children by ~ivin~ him whole weekends. And he talked about 23 even takin~ them to church, and that was ~ivin~ him that. 24 Q And he does take them to church when he has 25 them, doesn,t he? 51 1 A Sometimes. One mornin9 he didn't. The kids 2 came home and told me that they didn't ~o to church because 3 dad was workin9 on the house. But there was one mornin~ I 4 know I sent-- no, two mornings I sent church clothes along 5 or put them in church clothes. One, I sent them to a 6 sleepover and-- 7 Q Okay. So maybe one Sunday he didn't take 8 them? 9 A I can't-- I don't ask them. I honestly 10 don't ask my kids, what has your father done with you, 11 where has he taken you. I can only comment the week they 12 came home and told me they didn't ~o to church, because 13 they asked me if I went to church, and I said, yes, I went 14 to church, and they said they didn't have to. 15 Q And you, in your testimony, said you didn't 16 take them to church every Sunday either, is that correct? 17 A I took them most every Sunday. There were 18 occasionally, if I had to supervise on a Sunday, my parents 19 took them to church, even through the summer. I'm 9oin9 to 20 say, you know, I'm not ~oin~ to say a hundred percent. If 21 the kids are sick or somethin9 like that. But I'm ~oin~ to 22 say, up in the close 90 percent, we do ~o to church. It's 23 very important. And Sunday school. 24 Q And it's important to Mr. Marsh, too, isn't 25 it? 1 A He would have to answer that. It seems like 2 he wants to take them to church, but I can't answer that. 3 Q So neither of you handle church any 4 differently than the other, do you? You both make sure 5 they get there most of the time, right? 6 A I can't answer that. He's only had them 7 several times for church, and I only know the one instance. 8 You know, I just can't answer that. I can't sit here and 9 tell you that. 10 Q Now you told us that the compromise thing is 11 not working, but, in fact, July 4, you two did come to a 12 compromise? 13 A No, we didn't come to a compromise. I told 14 him it was one less hour if he wanted it. It wasn't 15 really. 16 Q Okay. So you don't consider that a 17 compromi se ? 18 A No, no. 19 Q You gave him an hour for you, and that was 20 not a compromise? 21 A Because he demanded that he had to have his 22 hours the way that was done. That's not really working 23 together to make a compromise. 24 Q How do people compromise then? 25 A By talking things through and working it 1 out. 2 Q I thought that's what you two did? 3 A Not really. 4 Q Okay. Now your work schedule is 7 to 3? 5 A That's the basic hours they have me at. 6 Q Monday through Friday, generally? 7 A Generally. 8 Q So on the Mondays when the kids are with 9 you, you're really at work for eight hours that day, right? 10 A Unless I can arrange to do something 11 different. In the summer, a lot of times I do make 12 arrangements so I can be with my kids a lot more often. 13 Q Okay. 14 A In the winter, it doesn't matter with 15 school. 16 Q In a regular workweek when the kids are with 17 you Monday, Tuesday, and then again on Friday, you're away 18 from them for three work days, eight hours each day, so 19 you're away 24 hours in one week, right? 20 A In the summer, if that's the way it works 21 out, I do work out a lot more. But I've also offered the 22 Mondays to Bob. 23 Q So you will concede that when the children 24 are with Mr. Marsh, they actually see more of him than they 25 see of you when they're with you, is that correct? 1 A No. No, I don't concede that, because a lot 2 of times there have been at least three occasions while Bob 3 has had them this summer that I've called up and reached 4 Bob at home and asked him and the kids are not there, 5 they're somewhere else. They will come home and tell me, 6 I've spent at least two nights with Becky this time. I was 7 at ~rammy's here. There have been several Friday nights 8 when somebody else picks them up, and all he does is brin~ 9 them home to me on Saturday mornin~ because they've been 10 with family. So I won't concede that. 11 Q Okay. Now you said that when Bob wants the 12 kids to spend some time with his mom, you want his mother 13 to call you and ask for the time? 14 A No, the only time-- I did ask her that at 15 one point, because that was after Bob ~ot very nasty about 16 ~ivin~ the extra time. I always had a ~ood relationship 17 with his mother before. And I did tell her that I'm open 18 to her, but it's up to her. It's her issue because it's 19 her son. If-- she has done that in the past. She has 20 called me and said, I would like, or if I've picked them up 21 at her house, if I can pick them up at her house on a 22 Saturday or she picks them up at my house, she's certainly 23 welcome to ask me that. She has done that. 24 Q Does Mr. Marsh take the ~irls to their 25 soccer practices? 1 A If he has them. 2 Q Okay. Does he take them to their band 3 practices? 4 A They' re durin9 school. 5 Q Okay. When he had the 9irls durin9 school, 6 did he take them? 7 A No, their band practices are durin9 school, 8 durin9 the day. 9 Q Oh, I'm sorry. I thought you meant after 10 school? 11 A No, no, there were some summer practices I 12 took them to one year, but it's when I had them. I mean, 13 it was durin9 my time. But basically, they're in the 14 school day. 15 Q They haven't had band practice this summer 16 at all ? 17 A No. 18 Q And does he take Aaron to football 19 practices? 20 A Sometimes. 21 Q Well, when Aaron has practice-- 22 A Somebody takes them. 23 THE COLrRT: Wait. You have to let Ms. Etter 24 Dissinger finish her question or the record will be 25 confused. What was the question? 1 BY MS. ETTER DISSINGER- 2 Q The question was, when Aaron is with his 3 father, does his father take him to the practices? 4 A I believe-- sometimes, but I've been there 5 when-- or the kids have told me that either Glenda is 6 takin~ them or Becky is takin~ them or someone else, and 7 that's where I do have the concerns about the equipment and 8 stuff, which house are they in. You know, they could be in 9 mine or Bob's, but now they could be in several different 10 ones. 11 Q I understand you have a concern about 12 equipment. And as far as I can tell from your testimony, 13 one time this summer a soccer shirt was missing, is that 14 right? 15 A No, there have been-- no. That was a soccer 16 shirt he didn't have the whole time of indoor soccer for 17 the five weeks. The first week doesn't count because he 18 had it when they ~ave it to him. It showed up this summer. 19 But there have been numerous times when the ~irls will say, 20 oh, mom, do you have another soccer ball here? My soccer 21 ball is at dad's. I have to make-- you know, there have 22 been times that I have to do that. 23 Q Is there any reason that if they forget a 24 piece of equipment, that dad can't run it over or you can't 25 ~o pick it up? 1 A Well, I have to call him, and he makes 2 arrangements. One time Becky or Becky' s husband brought 3 socks to a 9ame because we didn't have them. 4 Q Okay. So these little things can 9et worked 5 out, I take it? 6 A I think maybe they can, but I think there's 7 a lot of hassle. My one daughter is usually very worried. 8 I know she wanted me to always brin9 the water to the 9 soccer 9ames because she liked Boilin9 Springs water. 10 That's just a little thing. But she would say, now, mom, 11 are you sure you're 9onna brin9 it? I said, Alicia, have I 12 ever let you down? Then calm down, relax. But she did 13 worry about these things. They're concerned. 14 THE COURT- Could you slow down just a 15 little bit for the stenographer? 16 THE WITNESS- I'm sorry. I talk fast. 17 BY MS. ETTER DISSINGER- 18 Q Is her preference for Boiling Springs water 19 any reason that dad can't take the kids to practice and 20 have more time with the kids? 21 A No, that's not the point. The point is, 22 he's requesting more time, but I really don't see that he 23 has utilized the time or really-- I don't want to say that 24 he didn't want the time. I know he loves the kids. I know 25 he does things with them. And I know that the family is 58 1 important. My family is very important. I do a lot with 2 my family. But I don't spread them around. 3 Q Okay. You think it's not a ~ood idea for 4 him to let the kids ~o visit with Aunt Becky and his 5 mother? 6 A No, it's not-- I don't want it to come out 7 as a visiting. Family is very important. We do visit. We 8 do lots of things with my family. But I think that the 9 kids-- I think that's great. But I think the kids need a 10 sense of a stable place, especially with school work and 11 activities, a stable place that is always consistent where 12 they know their stuff is. 13 Q Well, Bob had the kids overnight Monday, 14 Wednesday, and Friday every week for quite sometime now, 15 right? 16 A (Witness nodded head affirmatively.) 17 Q Kids have done very well. They've excelled 18 in their academic curriculum, they're socially well 19 adjusted, right? 20 A Uh-huh. 21 Q By your own testimony? 22 A Yes. 23 Q So is there any reason to think that he 24 doesn't have a good homework routine for these children? 25 A They did their homework every night with me 1 before they left. I fed them their meal. And then we 2 packed up everythin~ they would need for the next day, and 3 they went to dad's. 4 Q Okay. Is there any reason that Mr. Marsh 5 can't do those thin~s? 6 A Well, at one point, Bob did make a statement 7 that it doesn't matter who helps. 8 Q Excuse me? Can you answer the question? Is 9 there any reason that he can't assist with homework if they 10 need it ? 11 A If he's there to do that. 12 Q And he's capable, isn't he? 13 A Mentally, mentally capable? He's smart 14 enough to do that. 15 Q Is he also capable of reminding the children 16 that they need to get their gear together to go to the 17 events they go to? 18 A Sometimes not. Sometimes with the soccer 19 shirt, and when he brought them home, there were several 20 different things-- 21 Q I'm not asking-- 22 THE COURT- Wait. This is just not fair to 23 the stenographer. I think Ms. Etter Dissinger interrupted 24 you that time. Go ahead and finish your answer, and then 25 we'll go on to the next question. 1 THE WITNESS- I think there have been times 2 when they don't have thin~s. They've forgotten thin~s over 3 at their father's, like soccer balls and the shirt when I 4 didn't know where it was. And I asked him, please check at 5 ~rammy's, because she does the laundry for them, and please 6 check at Becky's, because if the shirt ~ot over to Becky's, 7 because I've ~otten clothes back from her kids that I sent 8 back with Bob. So I think that is somewhat questionable. 9 Q Okay. So two times you had problems, the 10 soccer shirt and a soccer ball. My question was-- 11 A No. 12 Q My question was, is he capable of remindin~ 13 the children to ~et their ~ear to~ether? I think that's a 14 yes or no? 15 A And I think that he can do some of that, but 16 I think there have been problems, and we're not just 17 talkin~ two times. 18 Q Ail right. Then let me ask another 19 question. Does he encourage your children to be ~ood 20 students or don't you know? 21 A I don't know. I think he would like them to 22 be, but I've never ~otten requests to see their homework 23 like, you know, that kind of stuff. 24 Q You had an objection to him sendin~ you 25 sealed notes; taped shut, you said. Do you think it's a 1 ~ood idea to pass notes that the kids might see if they 2 weren't sealed? 3 A These are just-- well, they' re seal ed and 4 taped. My thin~ was that, he' s sayin~ he can't communicate 5 with me so he has to do that. But on a very different 6 personal level, one day he did communicate, and that's what 7 should be done. 8 Q So there is the ability there to communicate 9 verbally between the two of you, isn't there? 10 A I've seen it once. I've seen it that one 11 time. 12 MS. ETTER DISSINGER: I have no other 13 questions. 14 THE COURT. Ail right. Mr. O'Brien. 15 MR. O'BRIEN- I have no questions, Your 16 Honor. 17 THE COURT: You may step down. Thank you. 18 MR. O'BRIEN- Reserve some time for any 19 surrebuttal, Your Honor, but I'm not going to present any 20 witnesses. 21 THE COURT- Ail right. Ms. Etter Dissinger, 22 do you want to check with my secretary to see whether a 23 call has come in from Ms. Rissinger? 24 MS. ETTER DISSINGER- I would like to. I 25 expected to have gotten an interruption by now. 1 THE COURT' All right. I 'm assumin~ it 2 hasn' t, but we ' 11 check. We' 11 take a short recess. 3 (Whereupon, a recess was taken at 10:42 a.m. 4 and proceedings reconvened at 10-53 a.m.) 5 THE COURT- Ms. Dissin~er. 6 MS. ETTER DISSINGER: I would like to call 7 Becky Metz~er by way of rebuttal, although we have still 8 have one witness whose testimony we'd like to take on 9 August 20. 10 THE COURT- All right . 11 Whereupon, 12 REBECCA LYNN METZGER 13 havin~ been duly sworn, testified as follows- 14 DIRECT EXAMINATION 15 BY MS. ETTER DISSINGER: 16 Q Please state your name for the record? 17 A Rebecca Lynn Metz~er. 18 Q Where do you reside? 19 A 3 Midland Drive in Mount Holly Sprin~s. 20 THE COURT: I'm sorry. I can't hear you for 21 some reason. Could you ~ive your name a~ain? 22 THE WITNESS: Rebecca Lynn Metz~er. 23 THE COURT: Okay. 24 BY MS. ETTER DISSINGER: 25 Q Where do you reside? 1 A 3 Midland Drive in Mount Holly Sprin~s, PA. 2 Q Are you related to Mr. Marsh? 3 A Yes, I am. I'm his youn~er sister. 4 Q Did you hear Ms. Marsh's testimony today 5 about how she spoke with Mr. Marsh yesterday about today's 6 custody pick-up time? 7 A I sure did. 8 Q Were you present when she had a conversation 9 wi th Mr. Marsh last evening? 10 A Actually, we were walkin~ out from practice 11 to~ether, him and I and my youn~er son. And she 12 approached. 13 Q I'm sorry. Can you talk a little slower for 14 me, please? 15 A I'm sorry. 16 Q In light of your answer, were any of Mr. 17 Marsh's children with you last evening? 18 A No, just my youn~er son. 19 Q So Mr. Marsh, you, and your youn~er son were 20 leavin~ your son's practice yesterday? 21 A Yes. 22 Q Okay. Tell me what happened? 23 A When we were walkin~ out the parkin~ lot 24 to~ether, and whenever I-- we looked up, we were discussin~ 25 business, and we saw Kathy was comin~ our way. And I was 64 1 talkin~ about actually work stuff. And I walked ahead of 2 my brother because she came. I assumed she was ~oin~ to 3 say somethin~ to him. And she said about pickin~ up the 4 children this morning, and he said, and I was right in 5 front of him, he said, yes, you can pick them up tomorrow 6 mornin~ at 9-00 at Becky.s house. 7 And I turned around, and he was ~ettin~, 8 ~oin~ into his van, and I was about ~ettin~ in mine, and 9 she was walkin~ down, and that was the only thin~ that was 10 said because we were to~ether, and it was-- they were split 11 very quickly. There was no conversation. I was right 12 beside-- I was in front of him at the time, and I even 13 turned around to put my baby in the car seat, and he had 14 already ~otten in his van and was backin~ away. And I had 15 no idea where she went. There was not enough time for any 16 kind of conversation because I was standin~ right there. 17 Q So her recollection of the conversation and 18 your recollection are very different? 19 A Yes, I was right there. There was no 20 conversation. There was no time to have a conversation. 21 It was so quick, because I was-- he said, you can pick them 22 up at Becky.s house tomorrow mornin~ at nine, because I was 23 right there and he pointed right at me. I turned around, 24 and he was ~ettin~ into his van. And I have no idea where 25 she went. And, of course, I put my baby in the car seat, 65 1 so everyone was ~one by the time I even ~ot back in my 2 driver,s seat. He was pullin~ out of the parkin~ lot. 3 MS. ETTER DISSINGER. I have no other questions. That's all I wanted to ask you about. 5 THE COURT- Mr. O'Brien. 6 CROSS EXAMINATION 7 BY MR. O'BRIEN. 8 Q Did he brin~ the children over to your 9 house? 10 A No, they spent the night with me last night. 11 We had a sleep-over. 12 Q You've had a number of sleep-overs on his 13 evenings durin~ the summer? 14 A Uh-huh. 15 Q Was the father present at these sleep-overs? 16 A Oh, he always comes over. As a matter of 17 fact, we had dinner last night. I had made some homemade 18 spaghetti after practice, and he had picked the ~irls up 19 and come over, and we had dinner and, you know, we all 20 hovered around the table. My house is quite small. We had 21 a bi~ dinner. 22 Q Did he spend the evenin~ there? 23 A No, he does not spend the night at my house, 24 but he was there until probably about 9-30, quarter of 10. 25 Q But the children had spent a number of 66 1 evenings-- 2 A Yes. Oh, yeah, I want them to. 3 THE COURT- Wait. You have to let Ms. 4 O'Brien finish his question. 5 MR. O'BRIEN- I have no other questions. 6 THE COURT- I don't think you finished that 7 question though. It started, but you have spent, and I 8 think that was about it. 9 BY MR. O'BRIEN' 10 Q You agree then, that the children had spent 11 a number of evenings at your home? 12 A Yeah, they spend quite a number of evenings, 13 yes. 14 Q And the father would bring them over, spend 15 some time, and then left and ~o back to his home? 16 A Yeah, I usually make dinner. We have a 17 dinner together. I'm very close with my brother, and he 18 spends many hours with me at my home because I'm very close 19 with him. 20 Q Would he then pick the children up the next 21 morning or might you keep them if he was working? 22 A No, he usually comes over in the morning. 23 As a matter of fact, sometimes he's there before I'm even 24 awake. He comes over to do breakfast or whatever. We 25 spend time in the morning because I work at the same 1 restaurant he owns, so -- 2 Q Okay. 3 MR. O'BRIEN- I have no other questions. 4 Thank you, ma'am. 5 MS. ETTER DISSINGER. No other questions, 6 Your Honor. 7 THE COURT. You may step down. Thank you. 8 Mr. O'Brien, did you have any further witnesses at this 9 time? 10 MR. O'BRIEN- Can I-- 11 THE COURT. Certainly. 12 MR. O'BRIEN- I have no other witnesses, 13 Your Honor. 14 THE COURT- Ail right. And Ms. Etter 15 Dissin~er, I understand that you wish to present one 16 further witness in the person of Elaine Rissin~er, a 17 counselor at Mazzitti and Sullivan, is that correct? 18 MS. ETTER DISSINGER. That is, Your Honor. 19 THE COURT- All right. We'll enter this 20 order- 21 (Whereupon, the followin~ Order of Court was 22 entered.) 23 QRDER OF COURT _ 24 AND NOW, this 15th day of August, 2001, upon 25 consideration of Plaintiff.s complaint for custody with 1 re ect to the parties' children, Danielle Nicole Marsh ~ (date of birth, December 20, 1988), Alicia christine Marsh 3 (date of birth, December 20, 1988), and Aaron Robert Marsh 4 (date of birth, October ~1, 1991), and following a hearing 5 he d on this date which has not yet been completed, the 6 record shall remain open, and a resumption of the hearing 7 for one-half hour is scheduled for Monday, August 20, 2001, 8 at 9-00 a.m. It is noted that the purpose of the 9 10 resumption of the hearing is to permit the Plaintiff to 11 present a final witness in the person of Elaine Rissinger, 12 a counselor at Mazzitti and sullivan. It is noted further 13 that no exhibitS had been identified or admitted in the 14 hearing on today's date. By the court, 15 s j. Wesle oler Jr3. 6 17 THE COURT' So we'll see you on August 20 at 18 19 9-00. court is adjourned' One more item, I think, 9~0 probably should be put on the record, and that is, neither 21 party wishes the court to speak with the children in the 22 case, and the reason for that is that, the parties wish to 23 avoid stress upon the children- Is that correct, Ms. Etter 24 Dissinger and Mr. O'Brien? MS. ETTER DISSINGER' Yes, sir. 25 1 MR. O'BRIEN- That is correct, Your Honor. 2 THE COURT- Ail right. We'll add to the 3 order- 4 It is noted further that neither party is 5 requesting that the Court speak with the children in this 6 case so that they will not be put under any further stress. 7 By the Court, 8 /s/ J. Wesley Oler, Jr. J. 10 (Whereupon, the proceeding adjourned at 11 11.03 a.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7o 1 August 20, 2001 2 In Chambers 3 9-00 a.m. 4 (Whereupon, a telephone call was placed to 5 Dr. Elaine Rissin~er.) 6 THE COURT- Is it Dr. Rissin~er? 7 DR. RISSINGER- It's Dr. Elaine Rissin~er. 8 THE COURT- Dr. Rissin~er, this is Judge 9 Oler, and we are reconvenin~ the case of Marsh v. Marsh, 10 and the attorneys are present in court. I will ask them to 11 introduce themselves to you, and then we will swear you in. 12 MS. KOENIGSBERG. Hi, Doctor. My name is 13 Karen Koeni~sber~. I'm fillin~ in for Mary Dissin~er 14 today. 15 MR. O'BRIEN. Good morning. My name is 16 Robert O'Brien. I represent Kathy Marsh. 17 DR. RISSINGER- Good morning. 18 THE COURT- Dr. Rissin~er, would you raise 19 your right hand, please? 20 DR. RISSINGER- Yes. 21 Whereupon, 22 ELAINE S. RISSINGER 23 havin~ been duly sworn, testified as follows via telephone- 24 DIRECT EXAMINATION 25 BY MS. KOENIGsBERG. 1 Q Doctor, can you state your name for the 2 record? 3 A My name is Dr. Elaine S. Rissin~er, 4 R-i-s-s-i-n-~-e-r. 5 Q How are you employed? 6 A I'm employed by Mazzitti and Sullivan 7 Counselin~ Services. 8 A What is your business address? 9 A 3207 North Front Street, Harrisburg. 10 Q And what is your occupation? 11 A I am a therapist. 12 Q Can you tell the Court a little bit about 13 your education? 14 A I ~raduated from Shippensbur~ University 15 with a de~ree in elementary education in 1965, taught first 16 ~rade, and then went back and ~ot my master's de~ree in 17 counselin~ in '67. Then I ~ot a job as a middle school 18 counselor later on, went up to become a senior high 19 counselor, went back, ~ot my doctorate from Temple 20 University. I finished that in 1991. And I have been 21 workin~ with Mazzitti and Sullivan Counselin~ Services 22 since '91 as a therapist. 23 Q Okay. Thank you. What percentage of your 24 practice involves workin~ with children with divorced or 25 separated parents? 72 1 A Probably about 40 percent. I have been-- I 2 studied with-- strictly with Barry Strickland, and I have 3 been a member of the Professional Academy of Custody 4 Evaluators. I've been doing that since 1986. 5 Q Okay. How are you familiar with the parties 6 in this action? 7 A Pardon me ? 8 Q How are you familiar with the parties in 9 this action? 10 A They came to me a year-- about a year a~o, 11 both Mr. and Mrs. Marsh. They brought Aaron in. I worked 12 with Aaron for a few sessions, and then I believe at the 13 be~innin~ of May, they came back to see me because Mr. 14 Marsh was requestin~ 50 percent visitation, custody and 15 visitation. 16 Q Okay. What was the custody arrangement at 17 the time that you saw them in May? 18 A Just a minute until I look at my notes here. 19 I think the father was seein9 them every other weekend and 20 Wednesday nights. It was a more-- it was a custody 21 arrangement where Kathy, the mother, had them mostly durin9 22 the school day, durin9 the school week, and they shared 23 them on weekends and holidays. And I believe Wednesday 24 evening, he had them until Thursday morning. 25 Q Okay. Is that in your notes? Are you sure 1 about that ? 2 THE COURT' I think it's on record what the 3 arrangement actually was, if I'm not mistaken. 4 THE WITNESS- I have to look through my 5 notes. I have it here. I think they had-- Sunday~ 6 Wednesday, and Friday evenings until 6-15 p.m. 7 BY MS. KOENIGSBERG' 8 Q Okay. 9 A It's in my notes. 10 Q Okay. Did that arrangement change after 11 they came to see you? 12 A Yes. 13 Q And what did it change to? 14 A We changed it-- I spoke wi th them in May, 15 and we decided to try for the summer. We tried a three day 16 where one would have them from Friday a.m. to Sunday p.m. 17 then the next one would have them from Sunday p.m. to 18 Wednesday a.m. We tried a more equal 50/50 custody 19 arrangement or visitation. 20 Q And have you been monitoring that 21 arrangement since it started? 22 A I have been monitoring it, yes. I've been 23 monitoring it with the parents. When I spoke to the kids-- 24 I spoke to the children-- the parents and I got together. 25 We decided that we would try it for the summer. I 1 presented it to the children. They were not real excited 2 about it at that point, but the children a~reed that we 3 would try it for the summer, and we would re-evaluate it at 4 the end of the summer before school started. 5 Q And how did the arrangement work throughout 6 the summer, in your opinion? 7 A I think it worked pretty well. It was a 8 little hard to kind of see what kind of problems were ~oin~ 9 to crop up because of the summer vacations. They would 10 have a week with one parent and then a week with the other 11 parent. So it was very confusin~ for the children at the 12 beginning, but I think because they were with parents and 13 they were with extended family, they had a ~ood time and 14 they did enjoy it. 15 Q Did they overcome any of this confusion 16 towards the end of the summer? 17 A They still complained about where their 18 stuff was, about havin~ clothes. They enjoyed the chan~e. 19 They-- in fact, they are the ones that recommended they 20 wanted it to continue this way. 21 Q For the upcomin~ school year? 22 A They still were not quite sure about 23 schedules, and some of the concerns they had still existed 24 by the end of the summer. 25 Q Are those concerns somethin~ you think can 1 be overcome? 2 A I think they can be overcome with 3 cooperation between the parents. These kids are excellent, 4 excellent kids. They're very bright. They're very active. 5 And the mother has done an excellent job providing a 6 structure for them, so that they know what they have to do. 7 They have their homework monitored. They are-- they 8 function, and they function well with a structure. One of my concerns was with the three-day 9 10 exchange and exchanging during the week, that this 11 structure would be interrupted- And that's why my 12 recommendation was to go for six weeks until the midterm of 13 the first report period to monitor their school activities 14 to see if there is a significant change. 15 Q In your opinion, do you think the father in 16 this case is capable of ensuring that the kids do their 17 homework and provide them with that same structure? 18 A He has said that he would do this. Because 19 we have only tried this during the summer, that remains to 20 be seen. He has agreed that the structure is important. 21 He has agreed that there has to be consistency- 22 Q Okay. Do you see any reason right now to 23 change the current situation for the school year? 24 A At this point, because the children wanted 25 to remain this way, I agreed to make this recommendation- 1 I said to the children at the very beginning that I was 2 going to be their advocate with them. We would see how it 3 worked for them. They say they want this to be-- to remain 4 the same. I've talked to them about my concerns, about 5 bathing and brushing their teeth and ~ettin~ enough sleep 6 and getting their homework done. And they know that 7 there's some responsibility on their part to maintain a 8 structure that will be profitable for them. 9 Q Are they old enough to begin to start 10 working on those types of things on their own? 11 A I think. 12 Q With the help of their parents? 13 A That's one of the things we're going to see 14 with the six weeks. 15 Q Okay. 16 A They really didn't have to do that this 17 summer because they didn't have the intense schedule that 18 they have right now, and they're all achievers, so the 19 structure is very important. 20 Q Okay. Did you prepare a report based on 21 your services to the Marshes? 22 A I did. 23 Q And is that report dated August 4th, 20017 24 A Yes, it is. 25 Q Okay. Can you tell the Court what your 1 recommendation in this case would be? 2 A My recommendation at this point is that we 3 will keep the three-day schedule with the 50/50 custody 4 until the mid October when we get the first report period. 5 Usually at that point, the teams of teachers for the two 6 girls would have an idea of how they are doing, and Aaron's 7 teacher would. And I have said to the Marshes and to the 8 children that I will monitor that. I will speak with the guidance counselors-- 9 and 10 the guidance counselor, I would imagine, for the girls, 11 then Aaron's teacher, to see if they see any changes and if 12 they see whether this schedule is interrupting their 13 ability to concentrate or their ability to be prepared for 14 their classroom. 15 Q Is that recommendation consistent with your 16 report that you wrote? 17 A Yes, it is. 18 Q Okay. MS. KOENIGSBERG' I have no further 19 20 questions, but I'd like to move to admit the report at this 21 time. THE COURT' All right. We'll have that 22 23 marked as Father's Exhibit 1. (Whereupon, Father's Exhibit 1 was marked 24 for identification-) 25 1 THE COURT- Mr. O'Brien. 2 CROSS EXAMINATION 3 BY MR. O'BRIEN: 4 Q Yes. Dr. Ri ssinger, can you hear me? 5 A Yes, I can. 6 Q Did you observe and note and comment to my 7 client, the mother, that the father still appeared angry 8 over this situation with the children? 9 A Yes. 10 Q And what did you feel that anger stemmed 11 from? 12 A What it stemmed from? I would imagine, the 13 divorce and the fact that they still have unresolved issues 14 between themselves. And my concern is that this not impact 15 upon the children. 16 Q Did you also note that Mr. Marsh indicated 17 he didn't want quality time with the children, he just 18 wanted his half time with the children? 19 A That's come up a couple times. And he 20 didn't say that he didn't want quality time. That was one 21 of my concerns, because the main issue as we worked this 22 out was the vacations and with the 50/50. The main issue 23 from Mr. Marsh's side, he wanted to make sure everything 24 was equal. 25 Q Is Mr. Marsh capable of compromising in this 1 re~ard if the best interest of the children are not bein~ 2 served by the 50/50 time frame? 3 A I'm not sure of that. Hopefully, as we ~o 4 through this, there will be compromises made. 5 Q Did you indicate that, and I believe you did 6 state, that you feel that the children had a very solid 7 base in their mother's home, and that's why they are so 8 successful to the point that we are at this point in time? 9 A I a~ree, yes, absolutely. This structure 10 has been very important to them. 11 Q Did the children indicate that a lot of 12 their satisfaction with this arrangement over the summer 13 was because they were spendin~ time with other members of 14 the father's family? 15 A Yes. 16 Q So it's not so much that they want the extra 17 time with their father, but they want extra time with his 18 family? 19 A They do want extra time with their father, 20 but they have certainly enjoyed the involvement wi th other 21 family members. One of my concerns was the fact that when 22 they went to their father's house, they really weren't sure 23 where they were ~oin~ because there was a lot switchin~ 24 around and, of course, that was because there was-- it was 25 in the summer, and there were a lot of activities, and we 80 1 didn't need the consistency then that we do now. 2 Q Did you find that my client was very 3 cooperative in working this out for the children? 4 A Yes, I did. 5 Q And you are aware, of course, that my client 6 is in opposition to your recommendation? 7 A I am aware of that. 8 Q So your position in this regard is, as the 9 children's advocate, voicing what they want at the present 10 time? 11 A Yes, I have said that from the beginning, 12 that if I got involved, it would be as the children's 13 advocate. 14 Q And if the children came to you in six weeks 15 or six months and said that they were not happy with the 16 arrangement, you would indicate that to the Court? 17 A I would make that known, yes. 18 MR. O'BRIEN: Thank you, ma'am. I have no 19 other questions. 20 THE COURT- Ms. Koenigsberg. 21 MS. KOENIGSBERG- I just have a few 22 questions. 23 REDIRECT EXAMINATION 24 BY MS. KOENIGSBERG: 25 Q You indicated that you think the father is situation with the children and the L st' 11 angry over the 2 divorce- ~ow has that anger impacted the arrangement on 3 through the summer? A I think he was less willing to compromise there were-- there 4 5 .ick-UP times and dr°P-°~ times when was one time Where it was real important that rather than to have the children get up at 6-00 in the morning to go on ion with a vacati°n-- (whereupOn, the telephone connect 9 Dr Elaine Rissinger was interrupted') · ~or Dr. 10 while we're waiting THE COURT' do you want to move the 11 Rissinger to come back on the line, 13 admissiOn o~ Father'S Exhibit 17 MS. KoENIGSBERG' yes. 14 Mr 0, Brien. THE coURT' ' 15 No obi ectiOn- MK. o'BRIEN' Ail right. Father' s Exhibit 1 16 THE coURT' 17 admitted 18 is admitted' (whereupOn, Father'S Exhibit I was 19 into evidence- ~ ~0 (whereupOn, the telephone connectiOn with 21 Elaine Rissinger resumed-) Dr. THE coURT: I think we lost you ~or a 23 I'll put you back on the ~4 second- That' s all right- All right- Ms. Koenigsberg' ~ 5 speaker phone- 8~ 1 BY MS · KOENIGSBERG' Q DoctOr, do you ~e~embe~ the question? seemed leSS willin9 to 2 A yes and I guess he ' It seemed more 3 as the basiC thing- ,romise- That w than the children'S 4 the time be equal rather important that back and ~°rth' 5 needs be addressed with switching 6 you menti°ned that there is one Q OkaY- through the summer, 7 8 incident- Was that the only incident 9 the vacation? I'm trying A Oh, that's the one I remember- 10 latest one. That'S the one that 11 to think- That' s the ? 12 comes to mind- Q Has that e~ected the children at all 13 ing A No. mom' s household hay 14 Q you alSO talked about 15 · 16 a solid base and a structure9 A yes. every sundaY, 17 did have custody Q But ~ ather 18 to the 50 / 50 arrangement' 19 WednesdaY' and Friday prior 20 right? A correct · mother' s structure 21 Q And how did that e~ect 22 23 in her home? A I'm not sure- is, i~ he had the 24 Q well, what I'm asking 83 1 children three out of every seven days, wouldn't that show 2 that he was willing to go along with mom's structure and 3 help out in that way? 4 A It could show that. We really didn't 5 discuss that. 6 Q Are you aware of any problems that occurred 7 prior to the 50/50 arrangement? 8 A No, not serious ones. 9 Q And you indicated that your opinion is 10 consistent with what the children want? 11 A Yes. 12 Q Do you believe what they want is in their 13 best interest at this time? 14 A If this can work, and these parents can 15 cooperate, and the structure can be maintained, yes. 16 Q And do you think that that is a possibility 17 in this situation? 18 A I think so or I wouldn't have recommended 19 it. 20 MS. KOENIGSBERG' Okay. I have no further 21 questions. 22 THE COURT' Mr. O,Brien. RECROSS EXAMINATION 23 24 BY MR. O,BRIEN' 25 Q Doctor, you are aware that prior to this 1 experiment over the summer, that the evenings that the 2 father received the children that they had been-- they had 3 completed their homework, they had had dinner with their 4 mother, and that basiccally they just went over and spent 5 the evenin~ and the overnight with the father? 6 A I am aware that most of the time spent with 7 the father was kind of free, fun time, and that the mother 8 did oversee the structure, yes. 9 MR. O'BRIEN- Okay. That's the only 10 question I had, ma'am. Thank you. 11 REDIRECT EXAMINATION 12 BY MS. KOENIGSBERG. 13 Q Doctor, throughout the summer, are you aware 14 of whether the father had dinner time or had a set schedule 15 for the children? 16 A I don't know that there was a set schedule. 17 They-- I know they had dinner to~ether. 18 Q Okay. 19 MS. KOENIGSBERG- Thank you. 20 THE COURT- Mr. O'Brien. 21 MR. O'BRIEN- I have nothin~ further. 22 THE COURT- Dr. Rissin~er, thank you very 23 much for your testimony. 24 THE WITNESS- You're welcome. 25 THE COURT- You are excused. THE wITNESS' Thank you. Bye. Okay. We'll enter this THE coURT' Bye. 3 order' ORDER OF coURT 001, upon 4 ' AND NOW, this ~0th day of August ~ 5 6 consideration of the complaint for custody in the 7 above-captioned matter, and following a second period of 8 hearing, the record is declared closed, and the matter is 9 taken under advisement- By the court, 10 s j. wesle oler Jr3. 11 lng THE COURT' And I'll try to have a rul 13 14 within the next couple days. (whereupon, the proceeding adjourned at 15 9-~1 a.m.) 16 17 19 20 23 [7] 9:20,22 I 14:7 15:22 16:14 4 83:15 21 63:1,10 66:4,19 68:14 19 70:2 77: I 18:3 Above-captioned 18 78 22 82:17,24-25 83:13 '67 40 " [1] 86:7 Allowed [1] 72:17 [2] 4:11 73:1 Absolute [1] 34:14 '91 40-hour [1] 32:11 Allowing [1] 72:22 [1] 29:7 Absolutely [1] 34:23 4th [10] 13:6,23 14:9 17:6 18:8.11 28:1 Along [5]26:17 77:23 29:24 80:9 [6] 8:24 10:7 11:8 13:19 52:4 84:2 01- 1873 5 Academic Already [1]3:6 [2] 18:4 59:18 [2] 8:25 65:14 50 Academy Also i [1] 73:14 [1] 73:3 [20] 5'2 10 6:14,23 9 6 22:16 23:20 i 50/50 Acceptable 27:4,1i ~-9:25 36 23 4:1:5,23 43:3 44: [6]74:18 78:3 79:22 80:2 83:19 84:7 [2] 16:12 19:6 9 46:16 54:21 60:15 79:16 83:15 [6] 3:2 78:23-24 82:13,17,19 10 6 Accommodating A1 ternate [5] 5:8 18:17 38:6 66:24 [7] 25:15 27:10-11 33:13 34:9 49:10 [1] 50:20 10: 42 6 Accomplishing Alternating [1] 27:22 [3] 10:1 45:1,15 [1] 63:3 [7] 5:13 6:4,6-7 37:3,5,10 10: 53 6: 00 According A1 though [1] 63:4 [4] 10:3 48:14 51:8 82:7 [1] 46:22 [1] 63:7 10th 6:15 Achievers Always [3] 6:22 9:18 16:7 [2]8:9 74:6 [1] 77:18 [14] 25:6-7 28:9 33:20 40:6,9 43:4 10 44:6 55:16 58:8 59:11 66:16 Acolyte Am 11 7 [1] 44:10 [5] 4:16 38:6 42:5,10,12 [13] 4:7 6:4,12,15 8:10 16:2 63:4 11:03 7 Acrimonious 64:3 70:11 72:11 81:7 85:6 86:16 [1] 70:11 [5] 41:19,25 42:5,13 54:4 [1] 46:20 Amount 12 7th Action [4] 9:7 19:10 23:8 50:25 [3] 4:25 5:2 42:20 [1] 39:23 [2] 73:6,9 An 15 8 Active [20] 5:8 6:2,18 7:25 12:9,21 13:21 [3] 3:1 6:18 18:16 [2] 43:8 76:4 17:11 19:10 30:19 41:22 42:5,12 47: 15th 8 Activities 13 53:19 61:24 62:25 76:5 78:6 [1] 68:24 [4] 18:17 37:3,5,10 [11] 36:14,24-25 37:14 39:8 40:19 And 16 8:00 42:1 59:11 76:13 80:25 [464] 3:4 4:7,10,13,17,22,24 5:2,4, ly 13,19,23 6:6,10,13,18,20,24 7:14-15 [1] 36:3 [1] 40:1 Actual 20-21 8:4,9,15,20-21,23 9:2 4-5 7 [8] 28: 18 36: 3 46: 9 50: 23 54: 24 64: ' ' ' 19 9 10 65:1 74:3 19,22 10:3-5,13-14,18-19 11:3,10,15 18,21-24 12'1-2,8,24 13:9,16-17 22 [1] 4:18 Add 14 18 15:2,~,12 14 16:2 15,20-21 17: 1900 9 [2] 8:24 70:2 4,12,14,17,23 25 18:10,18,21 19:4-5, 9 15 19 20:1,~-10 22:2 23 4,18,20, [2] 7:19,24 [2] 18:17 43:23 Additional 22-23,25 24:11-13,17,20 25:6,10,15, 1961 90 [2] 19:4,8 23 26:3,7-8,17,24 27:2,4,7,9,12,17, 19,21,24 28:3,9-10,17,25 29:'5 30:15 [2] 4:12,18 [1] 52:22 Additionally 31:5 8-9,18-20,22,24 32:3,5,8,11-13 1965 9:00 [2] 9:6 17:10 ' ' 17 33:6,10,14 34:3,7 16 35:2,5-6,12, [1] 72:15 [14] 5:16 6:4 8:10 10:3 25:21,24 26: Address 15 18 36:2-4,19,21-2~ 37:3 5 7,11, 3,5-6,13 65:6 69:8,19 71:3 , 1986 9: 16 [2] 5:10 72:8 17,21,23 38:3,6-7,10-11,14,18,22,25 [2] 4:20 73:4 Addressed 39:1,7-8.17-18,21,23 40'2-4,14-16 [1] 3:3 41 7 9 11,13,22 42:1,5,il 14,20-21, 1988 9 .' 18 [1] 83:6 25 43:8,11,14-15,17,21,23 44:3,9,17- [4] 4:24 5:2 69:2-3 [1] 4:6 Adjourned 18,25 45:2,5-6,12,18,23-24 46:5-6 1991 9:21 [3] 69:19 70:10 86:15 15.18-19 22 25 48:1 5-6 8 15 19-20 [3] 5:4 69:4 72:20 ....... 1996 [1] 86:16 Adjusted 22-24 49:4,8-9.21 50:7,19-21 51:7,9, [1] 59:19 13,15-16 18,22-24 52:2,6,12-15,23- [1] 10:8 9.'25 Administer 24 53:?-~,19,25 54:17 55 3-5,8,13 1997 [1] 4:7 17,20 56:18 57:6-7,12 58:1,19,25 59: [1] 14: 19 4 10,14 60:1-2 12,19,24 61:3-5 10 [2] 4:21 31:9 9~30 Admission 1~-~ ~:~,~ ~:4 ~4:~1,~ ~4-~ 1998 [1] 66:24 [1] 82:13 1,3-4,7-10,12-14,17,23-25 66:18-19 67:7,14-15 17 68:14,17,24 69:3-4,6, [~] ~:== a Admit ~2 20,22,2~ 71:9 11 72 6,10,16,20- 1:00 [~] 20:9 22:~,6 ~8:20 2~ ~3:2,~-~2.~,~9,22-2] [2] 48:2,4 A A~m~tte~ 15,20 24 75:3,5,10,12-13,23 76 5,~, [257] 3:4,8 4:1,5-6,14,18 5:2,10-11, 10-11,17 77:5-6,18,23 78:6-7,10-11 l~t 13 8:2,4,15 20-21 10:18-19,24 11:2, [3] 69:13 82:18-19 79:6,10,13-14,19,22 80:5,7,24-25 81: [~] ~:~ ~,1~ 12 ~,~,~S,l~ ~3:9 ~s ~ is ~ Adultery ~,1~-~ 8~:~,~ ~]:~,~,~,~,~ ~:2, 12-14,21 16:14,18 17:7,11,14,22,24 [1] 10:21 9,14-16 85:4-5,7 86:5,7-8,13 2 ~o:~,13,23 2~:~,~,~ 22:~,s v 23-s,~ Advantage A~ger 24 21,23 26:3-4 17,20 27 26 28:~-10, ~ 23 29:7,15,17,19 30:15,19 31:16,25 [1] 27:12 [5] 20:9,14-15 79:10 82:2 [3] s:~-~ ~:2 ~2:2~ ~:~ ~:~.~,~],1~ ]s:2-~.~, Advisement Angry 15 36:8-9,18,22 37:3 9,16,18 38:1 [1] 86:9 [4] 33:5 47:19 79:7 82:1 20 ~9:~.~,1o 1. =2-2~ ~:~,~ ~,=~ 2~- [8]4:24 5:2 63:9 69:2-3,7,18 71:1 24 41:2,5,8,10-11,16,18,22-24 42:2, A~vo~at~ A~oth~ 2001 s-6,~0-~,~6 ~3:3,~6 ~:~.2~ ~s:s 8, [3] vv:2 ~:9 ~3 [~] ]8:~8 ~s:~2 sv:20 6~:~ 25 46:13,24 47:13 17-18 48:4 15 2~ ' ' Affirmatively 6] 3:1 68:24 69:7 71:1 77:23 86:5 49:1,15 18,22 50:13,17 51:11 52:5 [10] 12:24 13:1 21:5 53:1-2,6,8 60: 20th ~. 20 ~:11.~,~.20,2~ s~:~-l=,~. [1] S,:l~ .,2~ ~:1~ [~] ~:s 2~ ss:~,~6,2~ s~:1~,~3,~s.23 s.:3.v, After 10,14 59:1,3,7,9-11,24 60:6 61:10, [14] 9:2 11 19 10:14 11:11 12:14 24: A~W~T~ 21 13,25 62:5 22 63:2-3 64:8 10 13 65: ' ' [1] 21:6 [2]5:4 69:4 ' ' ' 11 44:24 46:10 55:15 56:9 66:18 74: 20 66:11-12 16,21,25 67:11-12,16 23 23 ~":~ ~" ~,~.~-~2 ~1:~ ~2 ~,.,~- ~o Antibiotics 12,15,17-18,22 73:3,10,12,18,20 74: A~t~T~OO~ [1] 33:4 [~] ~:~2 is ~. vs:~.~0,13 ~6 s,8,~ ~v:v.~6 [6] ]~:~2 ~6:23 ~v:~,10-12 A~ticipate 24 20 79:19 80:6,11,23 25 81:21 82:4,8, A~ain [2] 37:16,18 [1] 54:19 23 83 16-17 84:16 8~:14,16 86:7 13 a,m, [3] 24:15 54:17 63:21 Any 3 [8] 3:3 4:6 5:16 63:3 69:8 71:3 74: A~e [27] 3:15 14:7,18 15:25 18:3 26:14 16,18 [4] 4:11,17 5:4 41:23 27:8 32:20 38:10 47:16 49:14 53'3 57 23 58:19 59:23 60:4,9 62:18-~9 3 A/B A~es ~:~ ~:~ ~.:. ~0:~ ~:~ ~:~ [5] 41:19 42:1 54:4 63:19 64:1 3/4 [~] ~:~ [~] ~:~ ~:~ ~":~ [~] ~:~0,~ ~:~ ~:~ ~:=~ ~:~ Aaron A~o Anythin~ 18:3 [15~ 5'3 36:20 37:20,25 38:5341:21 [1] 73:10 [12] 20:15 25:19 26:9-10 15 27:22 [1] 72:9 Aaron's [4] 11:19 32:15 67:10 80:9 Appeared 3 6 0 [3] 37:4 78:6,11 Agreed [~] ~ ~:~ ~:~ Ability ~ ~:~o ~:~ ~v:~ ~o:s ~:~ rs: Approached ~9 [4] 48:8 62:8 78:13 2 76:20-21,25 [3] 24:12 48:24 64:12 ~ ~:~-~v Able Ahead Appropriate [10] 3:12,14 6:9,14 18:10 20:17,19 [3] 39:19 60:24 6S:l [3] 3=00 ~:~ ~:~ so:~ Alicia April [~] ~9:~5 About Is] 4:25 40:1 58:11 69:2 [2] 4:21 31:8 4 ~9~ .:1o ~:~.~o ~:1~.~ ~:~ ~: All Aquarium 7 24:13 25:11 27:18,20 28:16 32:20 [44] 3:25 5:4 20 23 6:8 10 13-14 16 [1] 41:7 4 36:2 41:22 43:4,25 45:17-18 47:24 ...... 25 16:10 17:1 18:5,14 21:18 30:6 10 A~ 48:11,23 49:2,18 51:22 55:15 57.7, 33:20 35:8 37:20 38:21 39:21,25 ~0: [3] 4:20 36:3 53:11 11 58 13 64 5 65:1,3,8 66 4,24 ~7 8 7 42:1 45:23 55:8 56:16 61:18 62:14, [83] 4:10,23 5:5,17 6:9,13 7:18 14: 4/3 72:~2 73:~,~0 74:~ 75:2,~7-~8,22 77: 20 ~5:~ ~6:~0-~,~3 ~8:~9,2~,23 ~9: 73:1.3-4 :20.22 80: [1] 77:5 1,12 27:4 Aware 10 85:2 Bunch [1] 20: 14 ,21-22 29:4,21,25 31:6 35:19,23 [6] 81:5,7 84. .--5 85:6,13 Before ~4,17,23 37:14,16 38:14 39 5,23 [13] 5:14 6:21 14:15 30:14 3~ i 44- Bus i 42:3-4,23 43:2 46:17 49:12 52: Away [1] 41:21 i4:8,16,24 55:4 56:7 57:8 58:11 [9] 16:1,3 28:17 29:21 30:1 51:12 i 45:18 46:25 47:8 55:17 60:1 67:2~ ~ 64:2 65:18 71:9-10 72 5 73 5,8, 54:17 19 65:14 75 4 Business ;5:19,25 76:3,7 77:9 78 6 80 1,7 Begin [3] 23 5 64:25 72:8 1:5 84:6,25 85:13,25 B [2] 14 9 77:9 BUSY [2] 25:7 28:4 Beginning guing B [8] 16:17 37:6 45:24 46:8 73:13 75: But [2] 5 13.15 12 77:1 81:11 [66] 3:21 6:3 16:5 19:5 23:3 5 26:4 ms Baby Being 27:10 32:3,10035 8 36:11-12 ~8:15, .ound [5] 17:14 35:15-16 65:13,25 [6] 8:16 14:17 27:18-19 39:18 80:1 19 39:18.25 4 :23 41:4,8,21 42:5 43 14 44:10,23 45:20 48:21 49:7,11,23 ~] 8 9 14 3 21:15 22:22 26:17 41: Baby-sitter Believe 51 6 11,19 52:3,21 53:2,11 54: · 55:18 56:12-13 57:4,9,19 58:6,10 59: 65:% 13,23 66:20 80:24 [2] 17:7 14 [13] 9:18 10:6 27:19 29:9 35:2 36:9 50:14 , 2 , ' 12 22 59:2,8-9 61:15,22 62:5 19 63: :range Baby-sitting 49 7-8 57:4 73:12 23 80 5 84:12 21 i 8:15 16:16 54:10 [2] 17:13 16 Belong 2 66:24-25 67:7 75:2 12 78 2~ 80:17. . 20 83:18 Buy :range~ Back [~] ~:" ] 8:24 [37~18 20 11-3 24:12-13,15 27:21 28 B~ [1] 21:22 10 :12 35:~ 37:16,23 38:4,12 40:7, [1]27:10 cra~ge~e~t ~ 41 18 43:23 45:2,19 46:1-2 47:3- By 7] 5:7,11,24 6:6 8-11,13-14 9:1,4, [47] 4:4 5:12 7:7 13:3 15:1 19:1,20 74:3,10,19,21 75:5 80:12 81:16 72:16.19 73:13 82:12,24 83::6 [1]27:11 21 27:23 28:15 31 2 4 40:2 42 23 Beneficial ~ ~ ~:~ Backgroun~ [~] 13:4,6 53:25 57:1 58:17 59:21 62:25 63:7, rT~~~t~ [1] 3:13 15,24 66:1,7 67: 9 69:15 70: 7 71 25 ~] =~:~ ~:~o ~:~ ~":~ Backing Benefit ~:~ ~:~ ~:~ ~:~ ,o:~ .~:~ .~: [1] 65:14 [1] 49:14 I 84:24 85:12 86:10 rrive Bag Beside Bye ~] 8:13 [1] 38:25 [1] 65:12 [2] 86:1-2 78] -19 7:5,25 8:18.21,24 9:3 10: Bake Best 5 i :~.11 12 1,8 18 14:17 15 12-14 [1] 33:24 [6] 10:15 43:19 44:24 49:4 80:1 84: C ~ ' ~ Calculate 3 16:18 17:2,13-14 19:8 20:19 24 ~:~o =~:~ ~:~ ~:~'~ ~o:~,~ ~=: Baking Bet [~] ~.:~o 5 35:22 36:8 37:15 39:6 40:17 41: [1] 33:25 [1] 23:8 .. ~:~,~ ~:~,~ ~.:~ ~o:~ ~:~ Ball call ;7:12 59:7 63:13 66:16 67:23 71:23 [9~27:I 12:18 30 22 42:13 55:13 58 ~2 17,22 78:23 79:21 80:3 81:8,12 [5] 13:11 21:14 57:20-21 61:10 B~t~ [1] 32:17 I :23 63 6 71::4 Balls ~si~e [~] 3~:1~ ~1:3 Between [~] 6:~ Baltimore 17 62:9 76:3 79:14 [7] 47:7.14-15,24-25 55:3,20 Calling 15] 12:13 25:15,18-19 33:9 43:4 52: [1] 11:7 ~-10 55 13-14 23 61:18 66 4 71 10 B~ [1] 44:5 [~] ~:~ ~o:~ ~:~,~, ~ Big Calls _ Aske~ [9] 27:24 34 7 38:4 41:5 45:7 47:15 B~i~ [4] 39:18 40:10,23 66:21 [2] 30:14 15 82:~3 ss:~ 6:~:~ [~] ~3:2 Biggest Calm [~] 58: Askin~ Bargain [~ ~:~ [~] ~o:~ ~:~ ~":~.~ ~":~ s~:~,~ [~] ~s:. Birth Came ~o =~ .~:~s Bargaining [~] ~:~.~. s:~ ~:~-~ [~] ~:~ 50:5 52:2,12 6 :2 7 :10,1~ 7 :11 81: AsSist [~] .:~ ~:~o Birthday [~] ~o:~ Barry [~] ~:~ Camp AsSistance [~] ~:~ Birthdays [~] ~:~ [~] ~o:~-~o Base [~] ~:~ Camping AsSociate~ [=] ,o:~ .~:~ Bit [~] ~:~"-~ [~] ~:~ Baseball [~] ~s:~ ~:~ s.:~s ~:~ Can Assume [~] ~s:~= Bitter [s~]~~:~'=~ 40:18 41:21 42:1,5,8-9,13-16 43:11 Assumed [~] ~:~o Block ~:~s [1] 65:2 B~~= [5] 5:13,15,17 21 57:12 58:4,6 60:8 61:15 64:13 65: Assuming [~] 54:5 83:4 Blocks s,~ 6.:zo [4] 5:13 32:4 51:6,8 79:4-5 84:14-15 t~] ~3:~ Basically At [~] ~:~o ~:~ =s:~ ~=:~ ~v: ~ ~ Can't 24 9:2, 10:2-3,10 11:1:8 14 25 15:5 [20] 36:3 37:24 38 3 42:11 19 45:7 [20] 3:23 15:13 34:9 42 3 47:23 48: I 21:18 22:5,10,13,15,18 24:5 25:2~ [1]85:4 11,15 59:13 60:6 6118 19 60:5,9 62:4 63:20 - Capable ~ ~ =~ ~,~_~,~ ~.:~,~,~ ~o:~ Basis Bob's 32 8 33::8 34:1 3 35:4 36:16,18,25 [5]8:15 13:9 15:22 16:14 28:23 [8] 33:22 24 34:10 35:12 36:9 38:9, [7] 18:10 60:12-13,15 61:12 76 16 ' ' 79:25 37:2,6-7 38:11 17 39:14-15,20 40:1 24 57:9 ~o ~:= ~:=~-~ ~:~'~= ~:"'~ ~ Bathing Car 5,9 55' 4,6-7,14,21 22 56:16 57:21 [5] 4:17 18:21 43:24 58:9,18 [3] 33:6 65:13,25 ~o:~ ~[~-~,~ ~:~-~ ~:~'~'=~-~ Be Card 66:15,23 67:11,18,25 68:8,17 69:8, [89] 3:18 5:17 6:5 10:3 11:6 12:5 BOO~ 12,18 70:10 73:12,16,18 75:2-3,11 17:1,16,24 18:10 21:25 24:3-4 25:5, [1] 41:12 76:'24 77 I 78:2,5,20 80:8 81:9 82:7 15-16,20,24 26:12 27:6 28:23 30:12, [1] 40:3 ~v ]3:3,~-~3 3~:9.~s 36:6.~ 3v:9, Bor~ Care [3] 4:22,24 5:4 [2] 17:5 28:22 83:13 84:13 86:15 11 38:11,13 39:10,15,17 40:5,12 41: Attack ~.~,~o ~:~,~,=~ ~:~o.~=.~ ~:~o Carlisle 10,14,17 51:5,13 54:12 56:24 57:8-9 [10] 9:8 16:2 18:22 22:16 34:18 35: [2] 7:20,24 Attempt ~ ~ ~ ~:v ~:~o vo:~ v~:~-~,~, ~ ~:~-~ s~:~ v~:~ Case [1] 34:20 20-21 77:2-3,8 78:1,13 80:4 81:12 BO~~ [6] 3:13 69:22 70:6 71:9 76:16 78:1 [~] ~:~ Caught Attempted "~:~-~ ~:~s [~] ~:~ ~o:s Because BoyEriend [~] ~:~ Attend [~:~ ~:~ ~:s ~:~ ~:=~ ~: Certain [6] 18:7 20:5 28:7 32:13 15 43 21 12, 27:14.17 28:3 32:16 33:9 34: [1] 10:25 ' 17 35:3 37:18.25 38:2,5 40:11 41:2 BT~a~ [2] 3:11 9:10 Attorneys ~:~ ~:~ ~v:~ ~.:~.,=o ~:~,~= [~] =~:~ Certainly [4] 30: 18 55: 22 68: 11 80: 20 [1] 71:10 53:21 55:1,9,15,18 57:17 58:3,9 61' ~_~ ~s:~.~o,~ ~-=~ ~:~"'~ v~:~ Break~ast August Brie~ [~] [9] 3:1 4:18 63:9 68:24 69:7,18 71: 23-24 ~ vv:~ "~:~ Becky [~] ~:~ .:~ Change Aunt [~o] ~:~ ~:~ ~:~.~ ~:~ ~:~ Bright [~o] 75:18 76:14,23 [1] 59:4 57:6 58:2 59 4 63:7 [1] 76:4 Aunt' s Becky' s Bring Changed [1] 22:15 [7] 22:5 25:20 58:2 61:6 65:6,22 [11] 35:3 38:9,16 39:2 45:2 46 2 55 [7] 9:13 11:15-16 14:6 43:23 74:14 . ~:.,~ ~ . ~v:~ Changes Avail Become [~] ~:v.~o ~:~ [~] ~:~ [=] ~:~ ~:~. Brings [~] ~:~ Characterization Available Bed Brother [~] ~:~ [2] 30: 12. 14 [1] 50: 23 Average Been [~] s: ~ ~s: ~ ~v: ~ Check [1] 13:21 [63] 3:14 5:24 7:5 25 8:7-8,25 ~:211 Brought [4] 61:4,6 62:22 63:2 [8] 19:18,24-25 20 3 39:3 58:2 60: Avoid zo:z~,~" ~2 ~= ~6:~z z~:z~ ~:~ ,v- : Child 8 27:10.23 28:3 30:20,25 33:17-18, [1] 69:23 21,23 34:5,9.13-14 35:9 36:7-8 37 19 73:11 [1] 41:23 ke ~= 3.:z6 ~v:6 ~.:~,z~ so:~z ss:~,%, Brushing 9 57:4,15.19,22 61:1,16 63:13 69:5 [1] 67:24 9:~,0 57: Deal 16 9:4, [1] 49:9 8-9 58:14 63:21 84:4 [2] 40:23 42:13 0:12,15.17.20 11:1,6 9,13,20 12: Compromi ~ couldn' t Deals 3 5,7,9,14 14:8,11,2~ 15:6,21 16: [1] 80:4 [4] 33:20 44:11 47:17.23 [1] 42:9 4,20 17 2 12,20,24-25 18:19 19:3, 18.24 2 :~8 21:9,12,18,22,25 22: Compromising counsel December 0 [2] 49:11 79:25 [5] 3 8-9,11,14 4:5 [4] 4:24 5:2 69:2-3 ,22,25 23:3,6-7,17,21 24-1,20 25: Decide ,,11,20 26:13,22 27:8,13,½4 28:3, Concede Counseling 17 .8 29:16,18,22,25 31:6,9,15 33:15 : , , [2] 10 9 13 17 24 35:11,19,23 36:14 37:16 38:21 [3] 54:23 55:1,10 [10] 12:13 20:5 31:22 32 13 15 ~.6 40:8.19 42:23 43:7,20 44-14 48: Concentrate 48:7 72 7,17,21 Decided 60:15 61:13,19 64:17 65:4 66:8, [13] 11:19,22 12:2,5,9 49:8,13 68: 74:15,25 17 69:12 72:18-19 78 10 67:10,20 69:1.21,23 70:5 72:24 Concern Declare~ :24 75:1-2,11 76:24 77:1 78:8 79: [4] 10:20 15:1 57:11 79:14 [~] ~:9 Decline~ :13 84:1,10 85:2,15 [1] 58:13 Co~t [1] 27:25 =il~ren' s Concerning ~] 7:15 29:25 32 22 33:14 40:7 81: [2] 26 24 57:17 Decorating Concerns hO~e [7] 57:7 75:23,25 76:9 77:4 79:21 [2] ~:~ ~:~ De~en~ant Couple [~] ~:9 ~] 20:21,23 80 2~ Degree hoo~ Co~~s~o~~ [6] 4 5 30:16 36:9 43:3 79:19 86:14 3] 13:17 21:21 43:18 [1] 34:21 Co~~ [2] 72:15-16 [~] ~:. ~:~ ~:~ ~0:~0 ~:~ ~0: Demanded .~ho r e s Conc i 1 i a ti on 3] 13 11 13 16 [4] 19 2 24:11 31:21 36:1 24 81:5 [1] 53:21 : , ' court Denie~ '.hose Conciliator ~ ~ ~ ~ ~ ~. ~ ~:~,. ~:~0-=~, : : Z~ ~:~' ' ~- "- 26'12 28'13 :hosen Conciliator's ~.:~.~.,~,~ ~:~, · - Deny ,6.1~,18 31:22 32:18,20 50:1 56:23 [1] 34:15 [1] 43:15 [1] 46:22 ~8:{4 60:22 62:14,17,21 63:1,5,10, :hristine Conditions ~0,~ ~:~ ~:~,~ ~":~'~'~'~'~' Depends 23 69:15 18-19,21 70:2 5,7 71:6,8, [1] 15:24 [3] 5:1 69:2 [1] 16:10 Christmas Conference ~0 ~ ~=:~ ~:~ ~:~ ~":== ~:~ 22 25 86:2,4,10,13 [1] 18:6 . Desperately Church ~-~ [=0] ~:~ ~:~,~ ~ ~'~ ~:=~-~ Con~use~ court's [~] ~,:~ ~:=~,=~ [2] 10: 8,10 ~:= ~-~,~=-~'~'~'~:~ ~:~-~'~ [~] ~:~ courtroom Detail ' [1] 26:4 Cite Con~using [~] ~:~ Dictate~ [1] 37:23 [1] 75:11 CIVIL Con~usion Cousin' s [~] ~:~ [2] 33: 22 35: 10 Di~ [1] 3:6 [1] 75:15 Classroom connection Cousins [.0] ,:~ ~0:~ ~:~.,=~ ~:~ ~:~' , 9,16 19:7 20:8 21:12,16 18 24:7,10 [1] 78:14 [2] 82:9,21 [5] 24:21 24 33:19 35:12-13 , Clear Consider cover ~:~ ~'~'~-~'~" ~:~ =~ ~:~ ~0: 3~:11,14,17,19,25 32 15 33:8 34: 16,20 36:13 39:12-13 41:1,7,9 16342: [1] 49:20 [2] 6:16 53:16 [2] 16:19 17:1 cleats Consideration coverage [1] 37:20 [2] 68:25 86:6 [1] 17:15 11 54:2 55:14,17 56:6 58:12 59:25 60:6 62:6 64:4,7 66:8,22 68:8 74:10, Client Consistencies Crop [1] 75:9 80:5,11 81:2,4 83:18,22 85:~ [4] 4:2 79:7 81:2,5 [1] 40:5 Client's Consistency Cross Di~'~.~ ~-~ ~:~,~-=0 [1] 30:17 [4] 39:10 22 76:21 81:1 [6] 6:19 11:3 18:25 50:2 66:6 79 2 [36] :-- -' ~ 8 1~ 32-2 33:5 38:5,9 ' 17.__.. , , ~9 14-15 53:13 57:16 58: Close Consistent Cross- ~ire .~.~ ..... ' 11 5Z:l-m,''~-' [5] 35:14 46:14 52:22 67:17-18 [3] 59:11 78:15 84:10 [1] 11:3 3 24 61'4 77:16-17 79:17,20 81 I 84 Cumber land Close~ Consists [~] ~.:~ Different [3] 11:4 23:11 86:8 [1] 5:13 : Clothes Constant Current [,] ~:~ ~0:~ ~:~ ~ ~ ~ ~ ~0: [5] 38:10 52:4-5 61:7 75:18 [1] 38:15 [3] 12:15 14:7 76:23 20 62:5 65:18 Clo thing Con s ume ~ Cur ren tly D [1] 18:7 [1] 53:4 [~] ~.:~ [~] ~0:~0 Curriculum Di~icult Co lumbus Contact [~] ~:~ [1] 42: 16 [1] 26: 20 Come Contacte~ Custodial Difficulties [2] 12:15 16:17 [2] 18:3 32:21 [13] 31:21 38:4 39:3 40 i 41:24 53: 11,13 55:5 59:6 62:23 6:6:19 79:19 [2] 27:23 28:2 Contacting CustOdY Difficulty [27] 3:5 5:7,9-10 8:4,7 10:9 11:18 82:12 [1] 26:16 12:14 14:25 15:14 17:19 28:18 29:16 [1] 49:22 673: 3, 14, ~ _ Comes [~] ~:~ ~:~ =~ .~:~ Contacts ~:~ ~:~ ~0:~ ~:~ ~":=~ Dinn [1]31 14 16,20 74:18 78:3 83:18 86: [10] 13:22 35:4 66:17,19 21 67:16 ' : 17 85: 3 14, 17 Coming cycle [~] ~=:~. ~0:~ ~:~ ~:~ Containe~ DIRECT [1] 5:20 [1] 10:5 [4] 7:6 31:1 63:14 71:24 [~] ~:~ ~:~ ~:~ ~:~ Contest D sagree [1] 34: 11 19: 17 20: 2 27: 20 Cogent s Con t inue Da~ D i s c ont inu [1] 49:6 [5] 15:22 18:6 36:19 49:12 75:20 [4] 15:10 52:3 57:24 58:19 [1] 24:17 Co~unicate [~0] ~:~0 ~0:~,~ ~:~,~ ~":" Continued Da~'s Discuss 49:4 62 4,6,8 [1] 31:20 [2] 57:21 60:3 [2] 20:18 84:5 Co~unicating Controlling Daddy ' s DiSCusse~ [1] 32:21 [1] 25:9 [1] 38:17 [1] 3:20 Co~unicati°n Conversation [~] =0:~,~ ~:~ ["] ~":~= ~ :~ ~:" ~:~.~_~,=0 Daily Discussing [3] 13: 11 22: i [1] 64: 24 Co~unicati°ns Cooperate Danielle Dishes [2] 20:6 21:2 [1] 84:15 [4] 4:23 44:10 69:1 [1] 13:18 Co--union Cooperation Date Dissinger [1] 44:9 [1] 76:3 [8] 4:11,18 5:2 69:2-5,14 [42] 3 8,14,20 4:8-9 5:22,25 6 9 12 Complaine~ Cooperative Date~ ~0-=~ :~:~,~ ~:~'~ ~:~ ~":~ ~": [1] 75:17 [1] 81:3 [2] 5:8 77:23 13,15 30:2,8,13 50:1,3 56:24 57:1 58 17 60:23 62:12,21,24 63:5-6,15, Complaint copie~ Daughter [~] ~.:~ .~:~ [~] ~0:~,~ [~] ~:~ Distance Complaints Copies Daughters [~] ~:~ [~] ~0:~ [~] ~.:=~ Distinguishe~ Complete Correct Day [~] ~:= [1] 14:12 [33] 5:22 7:16-17 9:14 11:25 19:11, 16 20:7-8 21:10-11 22:23 23:13 24: [41] 5:14-16,18 6:24 8:18 13 21,25 Complete~ ~.~ ~:~ ~:~ ~0,~ ~:~,~-~ ~: ~:~ ~:~ ~:~0.~ ~:~ ~:~,~ Distribute~ [2] 69:5 85:3 16 50:8,11-12 2~ 52:16 54:25 68:17 34:1 41:9 42:5,14-17 45:22-23 47:13, [1] 8:17 ~. ~:~,~. ~:.,~ ~0:~ ~=:~ ~":~ District [~] ~0:~ Cost Days Divi~ing Compromise [~] =.:~0 [~] ~ . ~:~-~ ~:~ ~:~-~ =~: Compromise~ ~0,=~ ~:~ ~: ~. ~ ~: ~ ~: ~' ~ [1] 17:11 Felt [2] 15 8 47: 1 :13 82:2 82:10,22 Ex-husband Few Elementa. [1] 31:24 ~orced [1] 72:15 Ex-wife [5] 13:19 36:8 38:20 73:12 81:21 Else [3] 8:21 19:4 24:18 Fewer ~] 3:25 4:1 5:11 7:10 8:22 10:2, [10] 13:24 14 1621:16 24:3 33:12 49: [1] 51:19 17 11:12,17 12:4,20 13:4,14,18, 3,19 55 5,8 5:7: Examination [13] 6.19 7:6 18:25 28.14 31:1 50:2 Field 16:1 17:1,7,19-20 18:3,10-11 20: [4] 7:18,25 72:5-6 85:11 Figure 1:12,17,21 22:3-4,8,10 13,15-16 10,24 26:16,23 27:19,2~ 28:10 29: Employee Excelled [~] ~:=~ 20 30:14 32:2-3,10,16 33:3,20,25 [1] ~:~ [~] 89:~ Figure~ ~ ~s:zo_~,~,~,2o ~ ~s.ze,25 Employees Excellent [~] 10:23 8 40:4,10,18-19,21,23 4:1 6 10 42: : [1] 16:24 [3] 76:3-5 File ~,6,8,25 43:3,8,10-14,16-18,20 44: 11,17,23 45:6 46:5,9 48:7,10,17 Encourage Exchange [~] ~o:~ ~9:5,10-11,13 51:6,13 52:22 53:4 [10] 35:18,20 43:10,12,17-18 44:5, [4] 34:23 44:23 46:19 76:10 File& 54:10-11,21 57:7,20,22 59:1,7-8 23 49:8 61:19 Exchanges [:] 31:24 :5,11,14 61:15,25 62:5,22 63:18 67:24 76:6,15-16,18,22 77:16 8~: Encouraged [~] 47:6 Fille~ .~:~ .~:~ .~:~ .~:~=,~ [~] ~:~ Exchanging [~] ~:~" ] 33:4 2:4-5 71:12 72:1 83:2 84: [4] 16:17 75:4,16,24 Enjoy [~] ~s:~ Final 9ctorate [~] ~:~,~ ~s:~ Excuse [~] ~:~ ~ ~:~, Enjoyed ~ ~o:. Find oe~ [3] : vs:~8 ~o:2o Excused [~] ~:~ [7] 5:9 10:20 29:11,13 49:16,19 50: ~ ~:~4 ~s ~,~4 ~:~,~s sv:~ ~:~ Enjoys [~] s~:~ Fine iii ~s:~ Exhibit [7] 17:15 34:4 43:15,17 46:14 48:3 Enough ' Finish ~~ [6] 39:16 46:14 60:14 65:15 77:5,9 [5] 78:23-24 82:13,17 19 ~ ~:~s ~o:~s 4~:=~ s0:4 s~:=s s~: Exhibits [~] s~:~4 ~0:~4 ~:4 ~ s~:~ ss:~ ~0:~ Ensuring [~] ~:~ Finished }Oi~ [1] 76:16 Existed [2] 67:6 72:20 ~] ~:~, ~:~o ~:~ ~ ~ ~:~ ~o: Enter [~] ~:~ Fire )o~'t Enter-~ [~] ~:~ ~rst ~37] 3:18 5:25 20:12 21:4,22 22:7 [1] 68:22 : ~3:5-6 26:20 29:6,14-15,19 33:2 35: ~X~t~ 31:14 37:25 44 9 57:17 72:15 76 ~ 36:12 42:14 43:14 45:9,21 47:8 48: Entertaine~ [~] 62:25 13 78:4 k0,16 52:9-10 53:16 55:1 58:22-23 [1] =~:;~ Experiment Five 59:2,6 6~:2,20-2~ 67:6 85:16 Entitled [~] 85:~ [5] 8:2 23:~9 50:22-23 57:~7 ~one [~] ~:2~ Explain Flexibility [~] ~v:~ ~o:s ~:~ 4~:~,~ ~:== Envelopes [~] ~:~ ~" 51:9 52 10 53:22 55:19 23 59:17 62: [1] 12:10 ' [~] =o:~ Express Folder Equal [~] ~:~ [~] ~: ~ Down [~] ~:~o v~:~. v~:~ "~:~ Extended Folders 14] 30 6 36:2 39:13,24 41:4,17 45: ~ ~:=:4 ~:~,~ ~ ~v ~s ~ ~":v Equally [~] ~:~ [~] ~o:~o [~] ~:~ ~ Following Dr , Extensive [~] ~ ~_~,~v_~,~o ~:~ v~:~ .~: Equipment [~] ~:~ [~] ~:~ .:~o ~:~ ~:~ ~:v 10-11,2:2 85 22 [4] 37:15 57:7,12,24 Extra Follows Drive Especially [~] ~:~ ~:~ ~:~ ~:~-~ s~:~ [~] v:~ ~o:~s ~:~ ~:=~ ~o Extract [~] ~:~ ~:~o ~v:~ Driver's Esquire [~] ~:~o For [1] 66:2 Driveway [~] ~:,.~o [~] ~:~ ~:~ ~:~-~,~ ~:~ ~:~ [4] 7:15 15:12 16:11 17:3 :17 16:16,23 17:11 20:10,15 21 Drop Etter Fact ~ ~=:~ ~:~ ~.:~o ~:~s,~v ~o:~ [2] 26:2 82:5 ] 14 16 21:19 30:19 44 2 53:11 31:25 33:4,9-10,25 34:1,3,23 35:8 [39] 3-8,13,20 4:8-9 5:22,25 6:12 Drop-o~ ~o-~ % ~,~ ~ ~ ~ ~:~ ~ ~ =~: [~o : :o ~ - : 66:17 67:23 75:19 79:13 8 : 37:2,24 38:3-5,17,21 39:5-7 40:8,10 : : 41:2 42:10 43:1,20 44:14,24 45:7 46: [1] 82:5 13.15 30:2,8,13 50:1,3 56:23 57:1 66: 3 68: 5, 14, 18 69: 23, 25 [2] 10: 11 13: 7 19 54 9 18 5~: 13 57: 16 58: [5, 18 59: [~] ~:~ Evaluate Facts ~'~ ~ ~o:~ s~:~ ~:~ ~:~,~o 13 6~:15 68:25 69:7,22 71:13 72:1 [4] 7:5 30:25 63:13 71:23 [1] 75:3 During Evaluators Fair =~ ~v:~,. ~.:~,~o,~,~ ~:~ [7] 9:12 26:7 27:15,18,20 35:8 60:22 23 85 15,23 86 6 [19] 21:12 22:25 29:17,22 32:6 40: [1] 73:4 Fairly 20 45:16,19-20 56:4-5,7-8,13 66:13 ~V~ [1] 8:17 [2] 18:3,5 73:21-22 76:10,19 [3] 5:19 35:2,4 Familiar Forget [1] 13:18 [19] 34:9,25 35:2 36:7 8 40:12 15 [4] 29:4,6 73:5,8 ~:~ ~:~,~. ~:~-~ ~:~-~ ~:~ Families Forgotten m 52:19 65:12 66:1 67:23 [3] 29:20 34:19 46:16 [1] 61:2 Evening Family Form [7] 5:12 6:18 13:17 25:5 29:2 54:18 ' [32 11:10 14:5 16:4,6 17:18 19'15 73:24 85:5 25: 28 7 33:12,14 16 34:15-16,[8 Ea I er Evenings ~:~ ~o ~:~ ~o ~.:~ ~o:~ ~:~v Forms [5]~:~8:8 25:16,25 26:1 [11] 8:9 9:10 44:14 19 50:13 66:13 55 1~ 58:25 ~9:1-2 7-8 75:13 80:14 [1] 3:17 Early Family ' s [~] [~] ~:~ Event Forth [9] 8:20 11 4627:21 37:17,23 43:23 Easter [3] 17:8 22:2 30:11 [1] 38:25 :3 ~ 48:6 49:4 8 : [2] 5:18 33:25 ~v~~ [15] 8.18 9-3 10:25 12:18 17:2,13 Eat [=] ~:~ ;o:~ ~:~o ~;:~ ~o:~ ~;:~5 ~:~,~= ~: Forwar~ [3] 22: 13, 15 39: 17 ~V~ 11 50: 12 57: 12 [1] 16: 15 E~ucation [6] 28:4 34:20 35:24 36:10,13 58 12 Fast Foun~ [2] 72:13,15 ~V~Y [1] 58:16 [1] 38:4 E~ect [2~] 9:25 19:5 21:20,23 22:24 23:3 ~ ~=-~ ~:~ ~:~ ~:~ ~:=~ ~ ~ Father Four [3] 10:20,22 83:22 47:2~ 50:7,15-16 52:16-17 59:14,~5 [35] 6-8 11:2,11 14:18 15:13 16:5 E~ecte~ 73:19 83:18 84:1 17:9 2~:25 32 22 33 14-15 34:23 38 [6] 9:24 23:22,24 33:18 34:4 42:21 22 40:7,18 44:15 46:18 48:9949 13 ~O~-ho~T~ [~] ~3:~3 Everyday 52:10 57:3 66 15 67 14 73 i 76:15 [1] 23:24 79 7 80: 17, 19 81: 25 83: 18 85: 2, 5 7,~OX ~ ~ E~ectively [~] ~:~o 14 [2] 7: 19,23 [2] 20:17,19 Everyone Father ' s Frame E~ects [~] 66:1 [15] 6:24 16:6 26:2,13 35:23-24 46. [~] ~:~ Everything ~ ~:3 ~.:~-=~ .o:~,~ .=:~,~ ~ [~] .o:~ Egg [~] ~:~5.x~ ~o:~.~ ~:~ ~o:~ ~:~ Frankly ~e~ [3] 14:14 25:4 29:13 [~] 3~:~o Everywhere [2] s~:~o Eight [~] 21:23 Feel Free [~] .=:~o ~o ~:~ ~:~ ~:~o ~o:~ Frequently ~ther [2] 19:22 20:3 s:6 ~o:~,z~ 2~:6 =~:z ~:2 sA: EX Feels 16 57: S [1] 17:11 [11 27: 18 Elaine [12] 10:7 38 '20 47'19 55:15 61: 18 63:13 71:23 75:18 83:15 . [3] 27:17,19 52:9 37:3,5 41:19 42:12 44:19 45:1 47:12 6 66:1 72:16 .~ 74:2~ 81:12 He Honor 50 7 54:6 17 55 7 59:14 74:6,16 83: Gotten [156] 4:12,14 5:3-4 15:11 . 2,15- [12] 3:17 6:15,21 12:7 30:9,22 62: [5] 17:17 61:7,22 62:25 65:14 18 32:8,10-11 33:1,5,10 34:7 35:1,5- 16,19 68:6,13,18 70:1 From Grade 6 36-1,12-13 37:21,25 38:1 3 39:3 Hopefully 40:1[-12,16,18 43:16 45:1,%-8,12,19, 15-16 22:1 27:12-13,17 28:17 29:21 [2] 39:23 72:16 22 46:83_~.6-7947:11,14-15,19 21,23 48: [1] 80:3 3o 1,16 32:19 34 23 38:9 39:11,13 Graduated 1,4,1 2 4:1 2,20-21 50:~-6 10,12 Hour 23 64:10 72:14,19 74:16-17 79:11-12, [1] 72:14 14,16,20-21 51:3,6,8 14-15 22 24-25 [10] 6:18 30:19 41:22 47:21-22 48:1 5-6 18 57-16-17 58:1,22,24-25 59:23 Front [3] 33:23 34:3 36:6 60:~,12,1~,19 61:12,15,19,21 62:4-6 Hours [3] 65:5,12 72:9 Grammy's 65:4-5,7,13,21,23-24 66:2,8,16,18, [27]1 19:5 23:22,24 26:25 27:5,8,12 22-24 67:17,20-22,24 68:1 73:24 76: 28: 7,21-22,25 29:17,22-23 33 11 42: Fun [4] 38:11-12 55:7 61:5 18,20-21 79:17,19-20,23 82:4 83:3, 20 47:16,20,24 51:19 53:22 54:5,9, Grandmother's 25 84:2 18-19 67:18 Function [2] 22:11,13 He'll House [2] 76:8 Granted [1] 48:16 [19] 9:5,8 14:3 19:19 21:16 22:16 Functions [1] 51:9 He's 25:20 41:10 52-3 55:21-22 57:8 65:6, Grass [12] 36:11 49:20-21 51:8,16 53:6 58: 22 66:9,20,23 ~0:22 Further [1] 21:16 22 60:11-13 62:4 67:23 Household [11] 28:12 30:5 ~:~ ~:~,~ ~:~ ~reat Head [~] ~3:~ [1] 59:9 [2] 26:19 59:16 ao~~ ~rowing Hear [~] 33: ~ [~] ~:~3 [~] 33:~ ~3:~o ~:~ ~:~ Hovered ~ained ~uards Heard [~] ~:~o [1] 49:14 [1] 37:19 [1] 7:14 How ~ame ~uess Hearing [33] [11] 3:5 6:18 24:11 25:24 31:6,22 19 15:13 16 1~ 17:14 19-20 19 18 27 [4] 15:24 35:12 46:18 83:3 21 28:17,21-22,25 42:23347:16 50:525 ~ames ~uidance ~:~,~,~0.~ s~:8 ~:~0 83 ~ ~ s ==:~ ? :~ 8 ~s: [10] 13-11 15:2,6 36:20,23 37:11 41: [2] 78:9-10 Hearsay 77:2 78:6 82:2 83:22 ~o-~ s~:~ [~] ~:8 Hundred ~arden a Held [~] s~:~o [~] ~:s Hunting [~] ~:~s Had Helmet [~] ~o:~ ~ardners [~] 3:~ s:~ ~:3 s 8:~,~e,~s ~:~- [~] 37:~o Husband 10,17 10:21 13:17 ~6:14 20:9 21:9 3~ ~,~-~,~o 3~:3 3~:~ 3s ~,~o 3~:~o, [~] ~:~ ~8:~ ~:~,~ ~:~ ~:3 Husband's ~ar 45:4,7,17-18 46:11,24 47:16,22 48. [2] 60:16 61:13 22 50:12,14,16 51:2,8 52 18 53:6,~1 [1] 60:7 55:3,16 56:5 12,15 57:18 59:13 61-9, Hence I [1] 39:21 67:10 69:13 73:21,24 74:5 75:13,23 ~enerally ~o:~ ~3:~s ~s:~-3,~o,~,~ Her [2] 54:6-7 a~~ t [42] 3:9 4:18,25 9:7 10:24-25 11:22 1,19-20 8:6,10,17-18,21-22,24-25 9: 12:1 15:19 17:23 20:16-17,24 25-19 4-6 18 24-25 10:2,4 6,12,14-16 21- 6,15-16 14:1,9 13-15,24 15:4,8,13 19 16:16 17:4 18:16 19:22 25:5 26: [16] 13:5 19:3 22:18-20 30:19 32:11 19,21 56:24 58:18 61:7 65:17 83:2317,24-25 16:1-~,9,18 20 17 i 10,1~, 13 33 5 37:13 39 15,19 40:9 41:21 41:22 45:9,15 47:13,18 69:7 79:18 Here 15 18:5,11-12 19:8,17,22 20:2,4,8, a~ [11] 16:3,6 19:12 26:12 27:14,22 53: 12,15,25 21:4,21-22,24-25 22:2,6 23: 49.24 51:5 53:5 58:4 60:16 61:13 78: 8 55:7 57:20 73:18 74:5 5-6,8,17-18,23 24.13 25:4,7,12,14 ~ets Handle Hersheypark ~:s-~,~ ~3,~ [1] 43:1 [1] 53:3 [2] 34:2-3 23 33:1-~,4 8,11,17 19 34:8,14,16- ~etting Handled Hi [1] 8:4 [1] 71:12 37 18,23-24 ~8:2,4-6,8 11-12 14 39: 9,14-15,18,20-22 40:2-3,9-10,12,15 ~ingerbread [~] ~:~o [~] ~:~ ~,~3-~,~-~ ~3:~,~,~o,~,~-~s,~s [z] 33:~ Happened Hike ~irlfriend [~] ~:~ ~:~ ~:~ ~:~ [~] ~o:~,~ ~o ~,~-~a,~-~s ~.~o,~-~ [~] 3~:~ Happier Him 52:3-5,9,11,13,17-18 53:2,6-8,13 54: ~irlfriend's [~] ~:~ [~] 3~:~ 3~:~-~ 38:~ ~o:~o ~:~ 45:5,11 14 46 4,9 47 5,19 24-25 48: 2,10-12,21 55:1,6,10,14,16-17,20-21 [1] 34:10 aa~ 12,14-15 50:19,25 51.18-19 21-23 53: 56:9,11-12 57:4,7,11-12,21-22 58:1, 15,24 63: 6,20 64: 3,7 11,24 -25 65: 1- 10 ' ' ~irls' Hard [~] ~0:~ ~ ~ ~:~ s-~,~,~s ~8:3,~0,~,~s [~] 36:25 [~] ~5:~ Hi~ 2,~-~2,~8-~9,23 ?~.2,~-5,~ 22-25 ~ive Harrisburg [~] ~:~ ~s:~ ~ ~:~,~s ~:~,~,~ ~:? ~0, [~] ~=:~ Hired z~ ~:s,~= 80:s,~ ~:~,?,~-~,~- [11] 14:16 19:4 28'10 32:5-6 40:14 [1] 16:18 18,21 82:4,23 83:3,10 84:18,20 85:6, ~iven [~] s:~,zo ~:~.~3 ~:?-~ ~:~o ~: His I'd [1] 47:16 21 23:2,5 24:6 29:16 30:19 33:18 34: [36] 3:8 4:11,13 30:17 31:12,17 32: [7] 9:12 23:20 30:14 33:3 39:2 45: 7 35:15 36:8 41:23 42'11 48:9,13 51: 11 33:9 14,16 37:20 38'1,22 40:17 [1] 46:4 23 62:5,23 69:5 76:5,18,20-21 80:10 17 57:2-3 59:94 64'3 65:8,14,24 66: II 11 82: 2 83: 13 12 67 4 15 7 : 18 ~0: 17 [8] 8:22 9:7 40:25 46:2,10 82:24 86: ~iving Hash ' t History 21-23 55:16 [2] 28:6 63:2 [1] S:4 I'm ~lenda Hassle Hockey [~] ~o:~ z~:~s-~ z~:~ ~:~ ~3:~, [1] 57:5 [1] 58:7 [1] 40:25 16,21 24:9 27:13,22 29:5,10 34:6,8 35:24 40:24 41:16-18 45:21 46:3 52: ~o Have Holiday ~-~ ss:~? s~:~ se:z~ ~o:~ ~:~ [37] 11:19 14:1 15:6 19:22 21:18-20 [190] 3:14 4:4 5:2 6:18 7:25 8:14, [12] 5:10,12,14-16 16:11 26:18,21 63:1,20 64:3,13,15 67:17-18,23 71: 24:13 27:17 29:16 33:20 34:4,14 35: 25 9:24-25 10:4,15 12:8-9,20 13:11 34:3 46:12 13 72:6 74:3 80:3 83:10,24-25 ~:3,~,~o,~,~ ~:~,~,~,~ ~:~, Holidays I've 10-13,15,17,22 18:12 19:14 21:24 22: 12 52:2,12,22 57:25 59:4 60:16-17, [2]5:17 73:23 [23] 8:7 9'3 10:13 18 23'7 33'8 20 24-25 67:15 76:12 80:3 82:7 84 2 3 23:~7 17 20 23 24:13 27:10,16 20 ' ' 18,25 33'17-19,21,23 34:5,8,13-14 [2]63:19 64:1 35 5,9,2~ 36:13,17,19 37:19 20,22 3.:s,zs 3~:~o,~ ~o:3,~-~o,~s ~-~, Home Idea [42] 14:23 16:20 19:11,15,24-25 20: [6] 46:13 59:3 62:1 65:15,24 78:6 ~ ~:s,~,~3,~s,~8 =~:~3 3~:~ 3~:~ Identification 14-15,24 45:22 46:1,3,22-24 47:1 49 21 52 ~9 2~ 62 ~9 65:2,8 75: 77: 52:~4 53:~,21 54'5 55:2,7 56:23 57: 42 1,22 44:14,~0 52:2,12 55:4-5,~ Identified _~ 5,7,~.~5-~.~-~2 ~8 ~ 3,~ 20 S9 ~0:~9 ~7:~,~S,~8 80:7 83:R3 ~O~e 17,24 61:1-2,16 62:12,15,25 63:7-8 Homemade [~] 69:13 [2] 14:2 66:1 65:20,24 66:3 67:3,5,7,16 68:3,8,12 [1] 66:17 ~0~ 72:20 73:1-2 74:4-5,16-17,20,22 75: [73] 3:12 6:5 8:17 9:18 10:15,21 14: 10 76:6-7,19 77 16-18 78:6-7 19,22 ~ome~ 19 15:21 16:14 17:16 18:2,9 20:5 26: [1] 58:11 79:13 80:20 81:11,18,21 82:7 83:18 [1] 37:17 11 27:24 28:20,23 30:13-15 33:3-4, Good .~:~.,20 85:2~ 86:~] Homework ~0 35:7,9 37:16 39:14 40:13 16 42.4, 6,8-9 11 43:13,17 44:21 45:~2 46:~ Got Havin~ 9,11 61:6 62:1 67-21274:3 76:14 78: [~o] ~:s ~o:. 3o:~s ~:~ ]~:A~ ~: Honestly ~ .o:~ .~:~,~ ~: s .~:~ Imagine 1, 15 20: [2] 78:10 79:12 21:10 23:11, :21 25:21 26:5 27: i 74:23 76:3-4 16 Impact 8,14-15.21 29... 32:8,13,24 35.~ 7 , [1] 79:14 22 36:10,20-21 ~5 37:4 38:22 3~:~ Kids' Live 40:5,18 22 41:4-5,14,20 44:8,16,24 [1] 10:23 [4] 7:10 15:21 23:5 46:14 Impacted 45 11 4~:12 48:5 49:23 51:9,19 52: Kind Lives [1] 82:2 16 53:10 54:4,25 55:8 57:2,5-6,13, 21,23 58:7,18,21,25 59:1,7,11-12,23 [14] 8:22 13:5,13 22:2 33:6 40 23 [1] 7:12 Important 60 4,8,15,22 61:8,12 62:8 66:20 68: 41:9 44:22 48:23 61:23 65 16 75:8 Location [17] 14:18 16:2 34:18 36:11 45:11 17-18 69:7,9-10,12 19-20,22-23 70 1, 85:7 46:17 49:7 52:23-24 59:1,7 76:20 77: 4 71:6,8,12,15 72:1,8 10 73:25 76: Knew [2] 19:25 20:1 19 80:10 82:6 83 5 14,16,20 77:19,23-24 78:2,12,15,17 Long Impression 79:14,25 81 6 8 [3] 39:12,14 47:17 [5] 3:19 7:25 19 5 32:4 [1] 35: 22 9,12,16 86: ~ ' , 25 82:18 83: 7, 25 84: ~ow : Improve Isn. t Look [58] 5:25 11:14 14:19 17:12 21:4 22: [3] 28:24 73:18 74:4 [1] 20 6 [4] 19 23 52:24 60:12 62:9 7,25 37:24 38:8,11,19 39:1,21 40:17 Improved Issue 41:4 42:15 43:11 44~22 45:5 18 46:1, [3] 51:2,20 64:24 [1] 48:9 [4] 10:21 55:18 79:21-22 3,7 48:13,15-16 52:,20 53:$-8 57 8 LO~ ~ I~~ 21 58:8,24-25 59:12 61:4,20-21,23 [1] 27:8 [2] 10:16 79:13 66:19 76:6 77:6 85:16-17 177] 3:5,7,9,13 4:16,21-22 5:5,8, It Known Lost 0 8:16 9 11 11:3 13:8 14:7,10,23 [1] 81:17 [1] 82:23 19-20,23 22:16 24:12,25 25:8,24 26' 14:18 15:5,13,24 16:21 17:22 18 6, - 3-4,12,14 27:11,15-16,23 28:6,10,1~ 16 19:8,23 20:10 21:6 23:16 25:3,6- ~oe~s~r~ 16 54:11-12,21 55:1 5~:7 59:1 64:23 · 13,16 40:21,24 41:10 2:2 44:21 48: 22 29:20 30:11,15,19 31:8-9,12 32: 7,24 26:5 29:6 30:17 33:3 34:17 36 [14] 71:12-13,25 74:7 78:19 81 20- 66:2 80:11,23,25 21 33:6 34:23 35:14 36:15,17,20,23 4,6,22 37:7,9 38:3-4,7-8,23 39:2-3 21,24 82:14,25 83:1 84:20 85:12,19 Lot~ 37:22 38:7 11,20 39:6,16 40:14,17, 40:11,15 43:3,7,11,19 44:3,17 46:9, ~o~o~le~~ [4] 33:1,18-19 59:8 25 41:13,21,24 42:3,8,23 43:8,10,23_ 19 25 47:1,9,13,17,22 49:5,18,20_21 24 44:8,14 45:25 46:4 8,11,23-24 47 51 2,15,18,20 52:25 53:1,14,25 54: [1]34:4 7,15 48:22 49:4,17,20 50:10,17,22 14,20 56:13 57:18,24.25 58:5,11 59: Lov~ 51:5 52:5 15,22 53~11 54:11,14,16, 6 60:7,10 61:4 62 10 63:1 65 10,21 [1] 35:16 19 20 55:~9 56:13 7:8-9 59 18 62 67:7-8 69:9,12 70:4 71:6 73:20 74:5, L Lov~ 23 63:19 64:1,16 65:4,8,12-14,25 66: 13-14,21-23,25 75:1-3,7,11,14,2 L [1] 58:24 i 67:22,25 68 16 69 11,13,21 70:5 2,24 78:17 79:12 80:24 81:12 82?677: 71:2,10-11,13 72:15-17,20 73:6,8,11, 83:4 84:4,19 [1] 3:9 L~h ~.25 ~:9,~ ~5:6 ~9 ~6:~ ~.:~ ~9 It's Labor [1] 13:22 25 80:7-8,25 81:3,~,8,14 82:7 83:23 84: 3, 12, 17 86: 6 [34] 3:24 13:4,6 16:1 21:24 22:2 23: [1] 5:~ Lutheran Incident 23 ~:3.~ ~:~ ~:~ ~:~ 3~:~ ~0: Lady [~] 13 42:11 43:13 48:20 49:11 51:4.10 [1] 41:24 Lynn [2] 83:8 52:22,24 55:18 56:12 59:3,6 61:25 Included v~:~ ~4:~,~ ~0:~ Last [~] 6~:~ ~ ~ ~] s:~ Item . . [9] 11:4 24:14 25:10 34:3 42:19 64: Includin~ [~] ~:~ ~.~ ~:~0,~ [~] ~:~ Items Later Independence [~] ~:~ iai ~s:~ ~a:~8 Ma,am [~] s:~ Its Latest [~] 6~:~ ~:~ Indicate [~] 6:~ [~] .~:~ Made , ~7] 10:9 12:17 20:10 26:12 49:20 66: [5] 3:6 22:2i 80:5 ii 8i:i6 Itself Laundry ~ Indicated Iii 17:5 [3] 38:4 39:3 61:5 [~] i~:, ~:i~ ~:i6 ,i:2s ,~:~ Least Mail [1] 13:19 [3] 37:24 38:2 57:16 j Leavin~ [2] 79:21-22 [1] 64:20 Influence [,] 3:~ ~:x0 ~:~ ~0:. ,~:~ Maintain [~] ~6:~ Job Led Information Iai 72:17 76:5 [1] 12:15 [1] 77:7 Iai ~:zs,~z ao:7 aa:zz John Left Maintai~ed [1] 84:15 Iaitially Iai 7:~.~ [41 3~:z7 as:a ~o:~ ~7:zs Make Is] ~:6.z4 ~2:x4 20:z3 s0:6 John's Le~al Inner [2] 36:24 43:24 [1] 5:9 [19] 12:14 23:4 33:5,24 39:16 40 3 [1] 41:7 42:9,13 43:5 45:8 53:4,23 54:11 57: Insisted Joined Less 2~ 60:6 67 16 76:25 79:23 81:17 [1] 19:3 [1] 17:24 [6] 19:8,22 29:22 53:14 82:4 83:3 ~k~ Jr Lesson [1] 58:1 Insistent [3] 69:16 70:8 86 11 [~] ~:6 Manager [2] 19:10 27:7 Instance Judge Let [~] ~6:~ ~:~ ~:~ [2] 4~:~4 71:8 [8] S:~ x~:x7 ~:=o s~:~ sa:x~ s~ Manila [2] 8:17 53:7 4 61:18 67:3 [1] 40:10 Judgment Let. s Many Instead [z] [1] 48:2 [5] 4:4 21:16 23:19 42:13 44:3 [10] 10'11 28:2,21-22 25 38:5,19 47: Intended July Letter ~ 6~:~ [~] 12: 13 [5] 26: 17 46: 19, 2~, 23 53: 1~ [1] ~.: s March June Letters [~] ~:~ Entense [z] 4~:~ [1I 77:17 [3] 11:7 20:25 25:4 Marked Just ~nteractions Level [2] 78:23-24 [55] 3'16 6:22 9:5,7 12:9 13:11,19 [1] 62:6 Married ~1] 13:12 14:16-i7 15 13 16:25 31 18 32:24 33: Life [~] ~:~0 ~i:~ 'nterest ~ 34:13 35:~,15 36:8,18 38:2,4,20 39:12,22 40:10,24 41:2,8-9 42:18 43: [2] 13:10 23:4 ~r~h 4] 26:14 49:5 80:1 84:13 2,25 45:17 46:1 47:1,9-10,18,23 48: L~ht [40] 3:5 7 4:10-11,15-16,23_24 5:1, 'nterrupted ~ 49:7,17 51:13 53:8 58:10,14 60: [1] 64:16 3 7:2,4,~ 8:5 19:2 28:16 30 22 24 3] 60:23 76:11 82:10 22 61:16 62:3 64:18 73:18 79 17 81: , 21 85 4 : terrup 31:4 50:4 52:24 54:24 55:24 60:4 64 [] 78:12 [1] 37:13 16,25 , nterruption K Like Marsh. s : [3] 64: 4 17 79 23 -] 62:25 ~r~ [36] 6 22 10:12 21:6,17,21 23:9 28: ' : ~to [1] 71 13 9 30:14 33:3,5 35:1,18 38-6 40:13, Marshes 16,23 41:4 6,11 43:25 44:~0 45:19 [2] 77:21 78:7 si ~-z~ s:z= z=~. z6:zs ~s:zo ~s: Kathleen ~6:z6 47:6 52:21 53~1 55:20 61:3 21, Mary 39:1~,23 40:22 3:19 47:11-12 65: [7] 4:11 15 8:5 11:19 15:1 30:24 31: 24 82: 20 4 ' 23 62: 24 63: 6 8 78: 0 ' ~troduce Kathy Liked [~ ~:. ] ~z:zz [z] 58:9 Master.s [20] 9 3,20 10:3,22 11:7,21 12:2 15: Likes [~] 72:16 ~volved ~2 19:21 20:5,11 25:10 26:16 27:23 [1] ~0 12 Material 28:6 30:22 31:5 64:25 71:16 73:21 15:11 29:10 36:14 16 20 40:13 L~ [1] 40 2 8~:z~ ' ' ' Kathy,s ,volvement [~] ~s:~s 35:~ as:~ [~] a~:~ "~:~ Matter Keep Lined [~] ~:s ~:a ~:~ s~:~ ~0:~ ~:~ [1] 17:7 67:23 86:7-8 volves [~0] ~:~s a6:a~ ~s:a,a~ ~:~ ~:~0, Lines Matters 12 48:5 67:21 78:3 volving Kept [~] za:~ [~] a:zs ~:~ [z] ~8:~ List May Kids [z] 13:15 [12] 5~8 6:22 9:18 16:7 30:6,17 62: 17 68 73 13,17 74:14 Listening Maybe [55] 9:10 10:22 13:21,24 15:2 17:4, [1] 11:11 ~] 3:4.7 9 4:11-13,16-18,25 5:2, 17 28:21-22 32:7 33:1,6.22 36:24 38: [4] 42:15 51:12 52:7 58:6 ~,1~ 10:1,6.15 11:12 12:6,8 13:7 45:8.13 46:15 47:2 48:11 49:5 51:7, [15] 8 21:17 33:25 35:3,15-16 43: [6] 11 23 12:2 68:17 69:12 72:6 ] 41:7 [3] 74:20,22- Never [1] 84:6 -~ Months [13] 8:7,259:510:1325:7 '.-2,4 October 2] 3:25 8:16 9:18,22 10:12,25 11: [2] 19:13 81:15 33:19 38:1,3 51:8 61:22 [5] 4:20,22 5:4 69:4 78:4 12:5 13:8 14:17 19:7 20 2o 24:4, More New Of :17 33:2 9 34:7 35:6 38:8 39:2,22 [40] 10:12 11:7-9,13 12:5 13:4,6 14: [2] 5:19 25:1 [244] 3:5,11,13,15 4:5,11-12,14,17- 142:9,~3442047:3,14-15,1948: 9,121817:1819:2320:31521:24 Next 18,21-225:2,4,6,8,12-15,216:1,10, 4 17-2149-1-2 51:4 52:2 12-13 54: 22:1~-20 24:16 25:5 27 1629:22 32: 22-23 8:3-4,21-22 9:8 10:18-19,24- 5~:5 9,20,~-3 57:558:8 5~:25 60:8 6 36:2,12 41:20 45:6-7 50:25 51:18- [7] 9:25 42:15 60:2,25 67:20 74:17 25 11:3-5,10,19 12:1,3,16 13:5,13, 19 54:12,21,24 58:20,22 69:19 73:20 86:14 15-16 14:2,5,15 15:14 16:3,17 17:5, 73:7,10,13 79:4 74:18 83:4 Nice 15 19:10,14-1520:3,6,9,14,21,23 21 "real Morning [2] 48:2251:5 1,2322:2,5,1723:421,2325:3,9,22 [35] 6:4,6-7,178:1010:2,4-525:13, Nicole 26:17,19,2127:5,8,~2-13,202910, 16 30'16 31:5-6 8,21 32:4,18-19,24 21 35:6 41:21 43:23 45:3,6,20 46:25 [3] 4:23-24 69:1 33:1,~-7 14 16,~8 19 34 6 10-11 13 "man 47:3,5,10 48:21 51:6 52:1,3 55:9 65: ' , 462267:21-222571:151773:24 Night 2535:1636:3-48,2137:6,2038:5-6, .... 10,16 18-19 39:~,7,16,19 40:11,15, .mans 82:7 [22] 5:14 10:4 24:16 35:5 36:21 37: 21,23-24 41:9-10 42:2 43:17 44:2,21 ] 39:15 Mornings 15,201340:251:542:109 ~9: 2512 45 . 5~6 :1047 : 21%, 2314,18 50: 2245:24468,15 ,182347:7,1948:2, "mant [1] 52:4 13,16,18,23 49:550:1051:6 53:3,5 ] 56:9 Most Nights 54:11,24-25 55:2 57:16,24 58:7 59:8, [12] 31:16 32:5 36:22 37:3,9 42:11 10 60:15 61:12,15,23 62:9 63:7 64: "mdical [5] 29:20 39:15 52:17 53:5 85:6 50:22-23 51:15 55:6-7 73:20 16 65:1,5,12,16-17,25 66:2,12,16,24 Mostly Nine 2567:11-12,2368:16,21,23-25569:2- 4,6,9 11 71 9 72:23 73:3,13 7 :4 8 ~dication [2] 43:173:21 [3] 5:446:265:22 9,15-16,23-2476:9,12,1677:10,12- Mother No 13 78:5-6 79:21,25 80:1.3,11.1a 21 24-25 81:5,7 82 13 84 1 6 85 6-%,1~ dications [17] 6:816:1,417:1024:130:1731: [71] 3:2,55:510:19-2011:818:12 86:4-7 5 33:9,24 55:12,17 59:5 73:21 76:5 19:7 20:2,12 21:8,19 23:2,6 25:17 79:7 85:4,7 26:128:1229:1930:2,5,8 34:4,22, Off et Mother's 2543:545:2547:1748:1049:2550: [19] 19.1923:1,3 -817,21,2326:2, 1251:2152:453.13,1855:1,1456.7, 1939:1~ 41:294~3-~,61449:18 [5] 6:2416:419:2480:783:22 11,1757:1558:2~ 59:66111,146~: 82:5 etings Mount ~2,~5 64:18 65:11,15,19-20,24 66:3, [2] ~:~ ~4:~ ~0,2~ ~:~,~2 ~:~,5,~2 ~:~ ~:~ Offer imber Move 81:18 82:16 83:14 84:8,20 [1] 19:7 [~] ~:~ ~:~ ~:20 ~:~ Nodded Offered ~mbers Moved [~] s~:~ [~] 9:~,~ ~:2~ 19:1533:14-1536:480:13,21 [1] ]~:~2 None Office ~morial Mowed [~] 18:5 [1] 49:20 [~] ~:~6 Nor Offs ~mory Mr [1] 23:2 [2] 24:12-13 C64] 3:24,26,23 4:2,22,22 6:2,22,23, Normal Often ~ntally ~s 12:7,20,22,2518:2419:1-228:12, [2] 13:1021:25 [3] 19:18,2354:12 ~ 30:~-s.20-~ ~:~ ~9:~s s~:~ s~: Normally Oftentimes ~ntioned 2~ ss:~ 60:4 ~.~4-~s,~ ~4:~,s,9, [~] 2~:~0 [~] ~0:2~ 16,19 66:5,7 67:~,9 68 3,8,10,12 69: ~ ~0:~ ~:~s ~-~,~ ~:~.~,~,~. North Oh ~a~ 25811882:15-1~ 84:22,24859,20- [1] 72:9 [6] 40:256:957:2066:1667:283: ~ Not Okay It ~T~ [65] 5:96:2 8:16 10:20,23 12:25 15: [41] 7:189:9 10:7 13:2 17:4 18:18 [2] 4:23 73:11 25 16:1-2,8 19:5,7,24 20:2 21:2 23: 26:23 47:9 50:1,14,19 52:7 53:16 54: ~tz~er Ms 225:3261927:7,14-15,19,2129:6 4,1355:1156:2,558:459%360:461: [59] 3:13,20 4:8-9,15 5:22,25 6:9, 10,21 30:17 31:17 34:14 35:8,24 36: 9 63:23 64:22 68:2 72:23 3:5,16,25 8-9 47:2 49.5,11 50:12 52:20 53:11, 74:8,10 76:22 77:15 20,25 78:18 83: 12,20-21 7:1,7 12:11-12 13:3 18:12 20,22 54:3 ~5 4 58:21 59:3,6 60 18 7 84 20 85 9,18 86:~ .~ 28:13,15 30:2,8,12-13 50:1,3-4 56: ~-~A ~:~6 ~:~ ~s:~s 6~:~ 6~:s Old 78:4 23 57:158:1760:2362:12,21,23-24 70:6 74~3: 75:1,22 79:14 80:1 3 16 .~1~ 63:5-6,15,24 64:4 66:3 67:3 68:5,14, 81 15 8 24 848 ' ' [5] 4:12,25 7:11 35:15 77:9 18 69:23,25 71:12,25 74:7 78:19 81: 20-21,2482:14,2583:184:2085:12, Note 01er .ddleton ~9 [2] 79:6,16 [4] 69:1670:871:986:11 Much Noted On .~la~ [10] 8:119:1020:19,2425:328:17 [3] 69:9,1270:4 [62] 3:19,21,23-244:2,208:1511:5 13:8-9,21 14:3,5 15:21,24 16:14 19: 36:8,1180:1685:23 Not~ 1023:11-1224826928:2334:11 .dterm Must [8] 20:22 48:18 61:25 62:1 73:18,25 35:23-24 36:20 37:12,25 39:18 40:1 [1] 38:11 74:5,9 41 21 42:10 44:25 46 19 48 11 51 19 ght My Nothin~ s~:~,~, s~:~,~ ss:9,~ ~o:~s 63:8 66:12 69:5.14,18,20 72:18 73: [89~ 4:2 7:13 8:16,21 10:12,20 11:1, [4] 22:3 32:10 41:9 85:21 23 74:2 77:7,10 20 82 4,7.12,24 les ~.~ .~.~s ~:~ ~ ~ ~ s-~0.~ ~ Noticed 7 20:23 21:15,22 22:16 24:25 25'8-9 0~ 26:3 4.6,19 27:1,5,11,13,15 28:~0 [1] 14:10 [4] 24:6 36:2,22 62:10 30:16 33:12 35:4 40:21 42:8 45:9 46: NOW 0~ llionaire ~s ~:~ s~:~o,~. ~:~ ss:~ s~:~ [~] ~:~.~ ,:~ ~:~.~ ~0:~ ~: [56] 4'5 8:18 9~6,24 11:5 17:8 20:3 57:20 58:7 59:1-2,8 61:10,12 62:4, 12,18 13:13 14:23 16:7 17:9118:19 23:21,~3 24:16 8 24 33 8.10 34:1 ~ 22 64:11 18 65:2,13,25 66:1,20,23 20 14-15 22:21 23:12 16 24: 2 26:23 67:17-18 71:12,15 72:3,16 19 73:18 29:13 31:22 33:18 36:21 37:3 41 17 35:15 37'13,23 38'18 41:17 44:2,6 744,976:91177:4782 %9:6,14,21 2044:1349:151:9,1653:1054:~ 5&: 45848:~,13,215~:1,3,5,7537,14 , 54:19 55:15 56:12 57:13 58:2,7 60:6 ~ 80:21 81:2 5 11 57:9 58:10 59:14 62:25 68:24 76: 62 6,10 63:8 68:15 69:7,19 74:16-17 nute Myself 22 77:18 81:1 86:5 75:10 76:9 77:13 79:20 80:21 82:6 [~] ~7:~ Number 83:7,10-11 [4] 66:12,25 67:11-12 O~-h~lf .ut.. N Numerous [~]69:7 4:5 6:19 18:16 30:16 ssin~ Name [2] 36:4 57:19 [8] 7:8 31:3 63:16.21 71:12,15 72:1, N~T~e [3] 57:10 75:19 84:8 ~ [~] ~:~ ~:~ ~:~0,~ Only staken Names Nursin~ [~] ~o:~ ]~:~s ~s:~ ],:~ ~2:~ [2] 4:10 7:15 [1]41:14 43:13 49:23 50'20 52:11 53:6-7 55: 14 65:9 76:19 ~3:8 85:9 del Nasty [~] ~:~" ~":s ~:~s 0 Open m Nearly is] ~o:~s ~:~A ~0: [=] ~s:~ ~:, O'Brien Operate [49] 3:10.14,16.23 4:2 6:2,11,13,15 [1] 39:7 m's Necessary 12:7.20 22,25 18:24 19:1 28:12 16 [~] ~o:~ ~o ~ ~,~o-=~ ~:= ~,:~s ~:~-~,~. Opinion merit Need 66:5,7 67:4-5,9 68:3,8.10,12 69:24 [7] 24:25 25:8 27:15 28:11 75:6 76: 70:1 71:15-16 79:1 3 81:18 82:15-16 15 84:9 [36] 3:18 8:6,24 12:9 16:2,4-5,19 84 22,24 85:9 20-2~ nday ~:~,.,~6.~ ~:22-~ ~:~ 2~:~.6 ' Opportunity 27:16 28:23 33:2 38:15,17 39:24-25 Ol~ [2] 12:9 17:18 =o ~:~, ~s:~ ~.~, ~:~.~.~ so: ~o =.~ ~=:~ ~ ~s ~,:~ s,:, ~o:=.~0. [=] ~=:=~ ~:~ Opposition ~:6,~ ~:~ ~ ~ ~6 .~:~ Objection [~] ndays Needed [~] ~:~'~ ~:=~ "~:~ Or [~] ~o:~o ~,:~ Observe 69] 3:14 6:4 12:18,25 16'16-17 19: ney Needs [~] ~:6 ~-~s ~A:~. 2~:~ 25 . ~:i~-~ ]0: [~] ~:~ ~:~ ~:~o.~ ~:~ ,]:~ Occasionally ~ ~:~s ]~:~.~.~.~s ~:~,~,2o ~s: nitor Neighbor [1] 52:18 2536638:7,2539240:1442:6,12, 16 43:2 46:1-2 49:5-6,10,18 50:17 76:1378:8 [1] 41:23 Occa~o~ 51:10,1352:5,2155:20,2256:24 57: nitored Neither [2] 45:2555:2 5-6,924582236114206721,24 [3] 53:369:2070:4 Occupation 69:1372:2474:1978:1381:1584:18 85: 14 nitoring Nephew [2] 4:~ ~2:~0 Order [1] 36:7 Occurred 16:7,1~ 0:25 21:23 68:20- 1,23 70: , 3 86:3-4 69:22 73: ~ ' ' 21 9:6 10:10 32:8,19 33~_8 36:18 10:24 37:8 44:23 45:9 55~15 58: " '~ 6 75: Organization Parties, 2 76:24 78:2.5 8o: Push [1] 44:8 [2] 4:10 69:1 Pointed [2] 10:21,23 Originally Party [1] 65:23 Put [4] 31:12 41:19 45:4 51:14 [3] 35:10 69:21 70:4 Orthodontist Pass Po ints [15] 3:19,21,23 4:2 23:19 33:6 43: [1] 43:3 18 47:18 50:23 52 5 65 13.25 69:20 [1] 48:12 [1] 62:1 Position 70:6 82:24 Other Passage [4] 16:19 41:14,19 81:8 ~. ~ [1] 10:24 Q [35] 5 5 6:8 9:25 13 19 17:9 18:12 Possibility 19:14 3:22,24 25:5 8:25 30:2,8 32: Past [1] 84:16 Q 5 33:14 35:9 36:4 7 43:5 44:15 49: [7] 27:23 28:6 34:10 36:17 37:22 38: Possible [6] 37:4 59:17 66:8 74:8 81:25 83:1 25 51:19 53:4 62:12 66:3 67:5 68:3, 20 55:19 5,12 73:19 75:10 80:13.20 81:19 [1] 20:24 Our Pay Quality [2] 8:18 9:6 Practice [7] 45:8-10 51:2,21 79:17,20 [4] 9:17 48:23 49:5 64:25 [15] 36'18 37:2 38:18 39:14 17 - Quarter Out Pennsylvania 21-22 51:10 56:15,21 58:19 ~4:10,i0 [1] 66:24 33 [2] 4:13,17 66:18 72:24 Question [36] 3:16 18 6'3 9:19 10:16 12: 22: People Practices 17 25:7 2~:9-16,15 27:5 33:7 36: [17] 12:13,24-25 21:4 49:15 56:24- 38:18 39:7,18 41:1 44:11,17 47:14, [3] 10:19 21:21 53:24 [6] 55:25 56:3,7,11,19 57:3 25 57:2 60 8,25 61:10,12 19 67 4 7 18-19,25 54:1,21 58:5 59 6 64:10,23 Perceived Preference · 66:2 79:22 81 3 84:1,3 83:2 85:10 Outdoor [1] 32:21 [1] 58:18 Questionable [~] ~0:2~ Percent Prepare O~tfit [~] 52:20.22 73:1.14 [1] 77:20 Q~estio~s [~] ~:~ Percentage Prepared [~] ~:~ ~.~2 ~0:~,s ~ 2~ 6~ ~, Outside [1] 72:23 [1] 78:13 15 66:4 67:5 ~8:3 5 78:20:81:19,22 [~] ~9:~s Performance Present 8~:2~ ' Quick Outstandin~ [~] 18:4 [12] 3:7,9 5:7 37:1-2 62 19 64:8 66: [1] 65:21 [~] ~:~ =~:~,~ ~0:~6 Presentation Quickly Over Period [1] 6:19 [2] 28:21 65:11 [31] 6:3 8:2 9:7-8,20 17:11,18 19: 13 24:6 26:3635 15 37: [9] 22:25 30'19 48:8 49:9 50:10,17 Presented Quit 42:20 57:24 1:~ 7 38:3 21,24 76:13 78:4 8~:7 [1] 75:1 [3] 15:17 24:7,10 ,6 66:8 11,1~,19 67: ~ ~ ~ 7~:. ~o:~2 .2:~ .s:~,~ Periods Pretty Quite Over-the-counter [2] 16:17 19:14 [4] 8:11 9:10 35:14 75:7 [5] 49:20 59:14 66:20 67:12 75:22 [~] ~:2~ Permit Primary Overcome [~] 69:10 [1] 39:6 [3] 75:15 76:1-2 Permitting Prior Raise [9] 35:5 47:13 50:7,14,16 59:13 85:5 Person Priority Rather )verni~hts [~] 17:14 30:11 68:16 69:11 [2] 17:4 39:12 [4] 20:1 46:19 82:6 83:5 [6] 22:8,10 31:18,20 50:16-17 Personal Probably Re )verridin~ [2] 49:2 62:6 [3] 66:24 69:20 73:1 [1] 75:3 :~] ~0:~ ~:s ~3:7 Phone Problem Re-evaluate )v~r~ [2] 26:20 82:25 [5] 29:15,19 34:5 37:16,18 [1] 75:3 ~] ~:~ Physical Problems Reach ~v~r~ [2] 5:10 29:16 [6] 37: 22 38:13 61: 9, 16 75: 8 84: 6 [1] 32:18 ~] ~:" Pick Proceed Reached 'vertime [~6] 16:20 20:4 25:20 26:5-6 39:1 [1] 30:21 [1] 55:3 ~s:~ ~,:~.~ ~s:~ ~:~s ~ ~ 65 s Proceedin~ React 21 67:20 82:5 ' wn Pick-up [2] ~o:~0 .~:~ wrier [3] 48:4 64:6 82:5 Proceedings Reacting .] .:~ Picked [2] 4:7 63:4 [1] 14:15 Process Read [8] 19:25 20:1 25:16 36:3 51:14-15 [7] 11:16 27:14,18,20 31:21 48:7 W~ 55:20 66:18 [1] 10:18 Picking Products Reading [4] 17:2 32:24 35:25 65:3 [1] 48:25 [1] 40:14 P Picks Professional Ready ,m. [3] 51:8 55:8,22 [1] 73:3 [4] 11:14 30:21 39:17 ~] s:~-~s ~:4.v ~v:~ s ~0 v4 6 Piece Profitable Real -17 ' ' :, [1] 57:24 [1] 77:8 [4] 39:10 42:4 75:1 82:6 ~ Pizza Program Real1 7:11 64:1 [2] 7:19,23 [1] 40:14 [21] 17:23 29:5 32:2 33-17 35:8,24 ~ck Placate Projects [3] 15:19,22 24:18 [2] 14:3 33:25 22 54:3,~ 58:22-23 77:16 80:22 84:~ .cked Place Promises Rearrange [1] 34:20 [1] 26:17 60:2 [8] 3:4 9:11 18:2 21:20-21 49:17 59: dding ~0-~ Proper 60 4,9 63:21 69:22 76:22 irs [~] ~:4 Proposal Places [~] ~:25 44:~s so:~, Reasonable [2] 23:8 26:7 PP7 [2] ~:~ 20:~ Provide Reasonin~ Plaintiff [~] ~0:6,~ [1] 31:17 =aphrased [~] ~:~ 6~:~0 ~rovided Reasons Plai~tiff,s [~] ~:2~ a~:~0 [1] 11:5 :don [~] 6.:~5 Providing Rebecca Planned [~] ' [3] 63:12,17,22 ent [~] 34:7-8 47:9 Provisions Rebuttal Play [~] ~ents [~] ~:~ ~4:~-~ ~:~ ~:~ ~0:~ Pull 14:4 16:2 17:9 21:15 29:21 30: Play-offs [~] ~.:~. Recall ' [4] 15:3 19:8 26:16,20 ~ ~4:~0 ~:~. ~ ~ ~4:~-~ [~] ~4:~-~ Pulling Received 76:3 77:12 84:14 Played [~] 28:9 66:2 [1] 85:2 k [6] 15:3,16 21:14 24:8 36:17 41:10 Pure Receiving Playing ~] 4~:~ [1] 21:7 king [~] ~4:~s Purpose Recent t Please [~] ~:~ [1] 38:20 [~] ~:~ ~:~ ~:4-s ~:~ ~4:~4 ~ Purposes :" ~:~ ~:~ ~:~ ~ : Recently [2] 6:1 17:13 [3] 9:13,16 38:4 ticipate Plenty Pursuant Recess [1] 17:15 [1] 5 7 [5] 4:1,5-6 63:2-3 =icipated Plus Pursue [1] 43 i Recited Pursued Recollection : , ~:21 [1] 6 6 [1] 11:6 [3] 19:7 65:17-18 :xes Point Pursuit Reco~endation [10] 12:3-4,15,17 76:12,25 78:1-2, COmmended Retired [4] 32:12,16 75:19 84:18 [1] 17:10 Recommends Re turned Schedul [1] 12:5 [1] 10:3 [1] 44:11 Shippensburg Reconvened ReVerse School [1] 72:14 [2] 4:7 63:4 [1] 10:6 [39] 5 5 6 5 16:15-16 17:3 18:4,7, [8] 38:2,7 57:13 16 60:19 61 3,6 10 : : Shirt 18 36:19,22 37:6 39:7,11,13 42:23 Reconvening Reviewed 43:8,11,21 44:1,6,13-14.24 52:23 54: Shirts [1] 71:9 [1] 16:7 15 56:4-5,7,10,14 59:10 72:17 73: [2] 37:21 38:6 Record Ridge 75:4,21 76:13,23 [13] 3:6,19,21 24 4 3 7:8 56:24 63: [1] 4:16 Schools Short 16 69:6,20 72:1 74:; 86:8 Right [1] 40:8 [2] 48:1 63:2 RECROSS Screw Shortly [47] 3 22.25 5:23 6:13.16,25 12:14 [1] 27:5 [2] 9:11,19 [1] 84:23 18:14 ;4:11 26:11 28:19 30:6,10 36: Screwing Shorts REDIRECT 16,20 38:24 45:25 46:8 50:22 53:5 54:9,19 57:14 59:15,19 61:18 62:14, [1] 47:19 [2] 38:5-6 [3] 28:14 81:23 85:11 21 63:1,10 65:4,11,16,19,23 68:14 Sealed Should Referred 19 70:2 71:19 76:22 77:18 78:22 82: [1] 30:11 17,24-25 83:20 inge [4] 20:22 61:25 62:2-3 [3] 15:6 62:7 69:20 Regard Riss r Seals Show [21] 11: 23 30: 12 62: 23 68: 16 69: 11 [9] 3:13 4:9,15 7:14 10:9 17:20 41: 71:5~8,17-18,20,22 72:3-4 79:4 82: Seat Showed 13 80:1 81:8 [1] 48:19 [4] 15:13 25:4 84:1 4 Regarding 10,12,22 85:22 ' [1] 6:23 Road [3] 65:13,25 66:2 [1] 57:18 Registered Is] 4:13,16 7:11,19,24 Second Shut [1] 4:18 Robert [2] 82:24 86:7 [1] 61:25 Secretary Sick Regular [9] 3:7.9 4:10 5:3 7:1,4,9 69 3 [1] 62:22 [4] ~4:~0 ~:~ 4s:~ 52 16 [~] ~3:~ 54:~6 Robin See : Rejected Side [1] 36:7 [39] 8:16-18 11:19 14-9. . [3] 32:8 46:6-7 [4] 6:18 11:10 14:5 79:23 Related Role 2o:~ 2~.~ 2~ ~ .... ' -~-~ ~s:~o ' : '~' ~5:7-8 26:11 27: Sign [1] 64:2 [1] 15:12 24-25 58:22 61:22 62'1.2 [2] 40:15-16 Round ~ 74'11 75-8 76 - - . 2 6.:z~ 73: Signature Relationship [~; 36 18 24_28:3 29:~5,19 39:5 41:7 49:9 54: [1] 40 17 : 11 12 ' ' : 14, 22 77: 2, 13 78: [5] 17:23,25 24:21.23 55:16 Relax Routine Seeing Significant [1] 73:19 [1] 58:12 [4] 39:11 44:19,24 59:24 [1] 76:14 Remain Row Seem Since [1] 45:25 [5] 14:12 17:20,24 [11] 8:6 9:11 10:7 14:6 17 19 27:9 ~] ~:~ s~:~ ~:~s vv:~ Rules Seemed ~":~ v~:~ ~:4 Remained [~] 40:~s [~] 8~:~ 4 Sir [1] 31:9 - Remaining ~ling Seems [~ [1] 39:6 86:13 [2] 26:6 53:~ Sister Run Seen ~ .:~s ~,:~ ~:~ ~:s Remains [~] ~0:~ ~s:~0 s~:~ [~] 76:19 [5] ~4:7 50:21 62:10 76:20 35:12 36:7 64:3 Remarks Running Send Sister. s [1] 33:6 25 [2] 20:22 40:16 [2] 19:25 35:4 Sending Sisters Remember ~ [~ ~:~ ~ ~:~0 [s~ ~,:~.~ ~,:~s ~:~.~0 S Senior Sit Reminders [~] 72:18 [2] 39:24 53:8 [~] ~:~,~s ~:~ ~0:~ ~:~ ~ ~ Sense Sitter [3] 38:16 40:1,4 86:11 Reminding S.s ~ s~:~0 [~] ~:~ [2] 60:15 61:12 ~ ~:~s Sent Situation Renovation Said [~] 52:4-5 61:7 [5] 15:20 76:23 79:8 82:1 84:17 [1] 41:17 [42] 8:25 10:13 17:17 25:20 27:2 32: /1] 28:24 [12] 13:16 36:21 38:3 39:14 50:11_ ~eport zo 33:19 35:1,7 38:10 44:1,3 45:4-5 Separate Six /81 12:9 46:11 76:13 77:20 23 78:4 ' Sep Z2,16-Z7 76:~2 77:14 L6,20 , 52 ~3-15 55:11,20 58:1~ 61:25 65:3- [5] 4:21 20:13 3~:8 1472:25 [1]44:8 ' 5,10,2~ 76:18 77:1 78:7 81:11,15 , represent Saint Separat/on 1] 71:16 ' Slam [2] ~6: 24 43: 24 [7] ~: ~, 6 9: 2, 11 10: 14 27: 9 32: 19 [lJ 33: 7 eques t Sake September leep 5] 25:23 26:1 3~:15 32:2 46:18 [1] 10:2~ [1] 11:4 equested ] 66 11, 15 77:5 Same Sertou~ l~p Over ~1 3:11 26:2 31:16,18 37:25 [9] 5:1 6 6 11:8 18:6 29:11 49:17 ] 66:11 11l 84:8 - eque ting ~7:25 7~:i~ 7~ ~ Served ] 36:1 58:22 70:5 73:14 Sample 1~1 .0:2 Sleep-OVers Squests [~; ~:~ ~ ~ ] 61:22 ' Serves Sat ~l] ~:~ S~ eptng : []' 1:4 ~qUtre [~] 39 13 48:22 Services Sleepover ~ ~:~4 Satisfaction [3] 72:7,2~ 77:2~ [1] 52:6 Satisfied [~] 73:12 sentment [~i 45:~5 Set [~] Slower Saturday [4] s ~v ~:~ ~s:~4.~ [~] 54:~ serve ~ ~:~ ~:~4,~_~. ~:~ 4~:~ s~: [~ ,4:~ Small 30:11,15 62:18 7 55:9,22 [6] 13:10,19 14:13 26:4 66:20 side Saturdays Several Smart [2] 36:20 45:11 [5] 34~5 53:7 55:7 57:9 60:19 [1] 60:13 ~tdences Saw Shal [4] 25 19 46:25 64:25 73:17 [1] 69:6 ~tdes Say Snake Share [~] 40:~ [32] 6:22 8:7 9:12,22 13:~3 ~5:23 [1] s:~ Snide :~t 16:23 17:14 22:18 23 11 26: [1] 33:5 ~:~.~ ~:~.~ ~:~ ~ ~0 ~.~ Shared 0:2,13 42:1i 48:16 50:4 51:5 52:20.22 57:19 58: [~] 73:22 10,23 65:3 77:3 79:20 Sh~w~ [74] 7:25 9:9 17:1.4.15 20:8 22:24 ponsibility Saying Iii 36:7 ag:is ao i9 ai:i9 32:6 i7 36:6,ii ,3:20 14:16 26:5 77:7 23:14 24:i5 25:15 26:8 27:20 28 6 taurant [4] 28:5 33:10 40:11 62:4 She 38:7.12,19 40:16-17 41 6,19,24 42:1, Says :14 11:5 16:18 25 17:5.12 23: [2]48:19-20 ' 48:1,4-5 49:2.22 50:10 51:10 52:7 ' 18,20 44:17 46:3.17 47:7,10,22,24 1 [60] 4:16-18 24-25 5:2 12:14,17 19: ' 53:3,16 54:8,12,18,23 55:10 58:4 59: 4 7 23:2 25:15 17-19,23-24 26:1 12, 23 61:8-9 62:5,8 64:19 65:17,21 66: 32:16 34:2 42:9-13 55:19,22-23 58:8- 80:7 16 81'8 [24] 5:11 12:6,22 14:6 16:11 18:2 10,12 61 5 64 5,8,11 65:2-3,9,15,25 ' · 84:18 ~lt a~:~.~s-~6 ~:l~ ~:~-s,~ ~:~ is: She,s ~6 46:12 22 54:4 77 17 78:3,12 85: az ~2:~ z5:~4 z4,~6 ~occer ;~d [9] 20:19 23:3 27:11,18-19 30:13 48: 2,7,~6 43:~4 55:25 57:13.15-16,20 :~2 Scheduled 14-~5 55:22 [22] 15:12 36:~7,25 37:19-20,24 38: [~ ~s:~z 4z:z8 s~:~ Shift 58:~ ~o:z8 ~z:~,zo ~Pt~o~ SCheduler [4j ~ z~ ~:zz 4~:s, zo Socia~ [z] 4~:~ Shifts ~1 ~ e 4~:~ les r21 16:19 23:24 Sociazz~ cks if ooftball tgi 15:2-3,6-7,15,17 Stated olid 24:7,1o,18 3] 27:17 80:6 [1] 19:4 usan [2] 30:24 31:4 ~Solved .3:16 Statement Swear II1] 15:20 [2] 45:8 60:6 ISome Stating [1j 71:11 SWim [31] 3:13 11:8 14:15 21:20-21 22:2 [23 22:24 23:2 26:11 27:5 29:9 3 Staye~ ~J 18 34:1o-ll 36:24 39:16 4o:11 44:20 [3] 14:2-3 21: °:~,~6 s~:~s s~:s ~ ~:~o Swi~in~ 46'19 55:12 56:11 61:15 62:18 63:21[1] 12:6 6] ' Stays 17 67:15 75:23 77:7 Switch Somebody Stewed ~; ~:s,~ ~7:~ [SJ 26:2 41:20 49 19 55:8 56:22 · [3J 37 16 80:23 83:6 : Switchtn~ 7-~,~,~ [2] 79:10 ~2 , SOmeone S t eno~raDher SWorn : 4, 6-7, 16 [3] 16:18 33:12 57:6 [2] 58:15 60:23 The t. s [68~ 8:23 9:12 10:6 11:15-16,25 16- 6 17:24 18:11 19:12 20- -8,11 38:7 39:19 40:13 4~] Still : T 40:22 43:14_,~'~_~:14 35:7 :11,13,16 52:21 54:10 65: 117l 12:20 32:5 38:15,17 39:18,25[lI 66:20 48:5 4 ~o'l/ 45:10 12 ~ 9:7,9,15 ' ' 3 6- SO~ti~~ 44:19 46:12 47:13 63:7 75:17,22-23 ~a~ 83:10-11 85:9 '~ '~:19 80:7 ~.~ 79:7'~3 82:1 6 66:4 76:11 7~;~;z~_59:9 61:: [2] 4:2i 59:14 Stipulate times ~ ~:is ~:i0,i~ ~ 4:i,~ ~:~ ~:4-~,~_. ~:~ The 25 16:3,20 2i:23 27.12_1 . 15: ~0:4 4~:~ ~i~,i~ ~ s~ i ~: Stipulated 40:~ ~i:~ 4~ .... ~. ~ :4 60:18 67:3 ' : i 51: 24 52 · 7 1~ ~"~ ' 14 - 15, 17 43 - 36: 1 SOmewhat ~ ~:~ ~:i~ ~:. ~. ~:~ ~.:~,~ ~:~,~ . ~] ~:i~ ~i:~ Sttpulatt°n Taken ' ' ~:~ ~:~4 ~.i~ 4~: SOmewhere ~ ~:~ ~:~4 [4] 4:6 52:11 63:3 86:9 ~ ~:~ ss:~ Stipulations Takes ~O~ ~2~ 3:i2 4:i0 [4~ 55:19 64:11,18-19 Stock ~s] ~7:s ~.:~ ~ e4:~o Story [6~ 15:15 17:2 27:11 51:23 57 6 Sorr~ ~] 4o:~ Talk [8] 32:23 48:10 19 21 49 2,18 58:16 [e~ ~o ~s Street 6~:~s · U0 64 ~ 2~:9 34:8 56:9 Se:Z6 63 ?2:9 Talked : 3, ~5 : [~] , : [2] 4:Z6 18:20 [1] 39:9 Talking ~Spaghetti Strengths ~ ~s ~s ~: [~] 66:18 [1] 39:5 : 7 65:1 Stress Taped , [2] 9:23 70:6 [23 61 25 ] 20:17 19 25:10 69:21 70:5 78:9 : 62:4 Peeker Strtckland Tapes '] 82:25 [1] 73:2 [1~ 48:19 SPear Strictly Taught [1] 16:3 [~] 73:2 [1] 72:15 19-20, 4 45:6,9_ Special Structure Teacher : [2] 35:4 42 7 [13] 76:6' 8'11'17~20 77:8'19 80:9 [3] 44:2 78:7,11 SDect f/ca/ly Teachers 83:16,22 84:2,15 5:8 [~] ~s:~ Students ~; ~:~0 Spend ~; ~:~0 · Team ~"~ ~:s ~:~. ~:s Studied ~ ~:~.~0 33:15 34:24 45:13 46-6'8'10 27:25 [1] 73:2 : 15 51: 3 55: 12 66:22-23 67:12, ~4,25 Stuff ending ~] Ts: s Ill] 21:25 ~2 24 ~9:2o 4o:12 46:5 Teeth 4~:18 57:8 59 12 61:23 65:1 ~5:18 19:14 22:2 ~5 :11,17,19 ~6:10 80: [2] 28:9 SUbject SPends ~ ~:~ Telephone [4] 71:4,23 82: , I2] 41:22 67:18 S~CCessf~l Tell 9 :~ Spent ~] eo:e [8~ 22:Z8 55:6 66 10,25 67:9,10 85 35:6 38:8 ~1:13 48:12,14, t,6 : ~ch [19] e:$ 9:22 ~3:8 2e:24 32:20 33:2 IP/tt : [3] 26:4 37:15 5,17 57:12 64:22 72 16 53:9 55: SulliVan Temple :12 77:25 4] 5:12 9:20 26:21 65:10 [5] 11:24 68 17 69:~2 72:6,21 ~DOke SulliVan, s {~ 64:5 74:14,23_24 PO~ [1J 12:2 [4] 3 6 20:12 24:17 20 : Their -~ ~:~e SU~er Terms · ~ ~:~ ~:~0 ~e:~ ~ Port ~4e~ 6:~ 9:~ z~:~ ~4 ~ ~e:~o,~ s ~e:~ ~: 25 22: 10, 13, Z5 24: 2Z, ~4 28: 8 29: 16, ~ 43:13 43:22 44:1,4,1~ 45:16,1~_20,24 46:5~4] 7:5 30:25 63:13 71:23 21 33:15,23 35:10,12,23 24:6 37:~ 41:2 42:8 59:12,18,25 60:1.16 61:3 42:1 43:11 11,15 57:13 18 ]0 55:3 56: 66:13 74:L5,25 75:3- f7] 6:20 52:15 57:12 17 76:7,13,16 7712.5-7 1 12 78:12- 13,22 75: 4'6'9,16,24'76:19 77:17 J0:12,2582: 4 85:23 59:21 63:8 64: T~ ' ' ' ' · 85 ~&~ 3 83: 8 85:1, 13 59 2 14 80:7 12 17 19 2~ 84~1 ' : SUpers Than : ring [l~ 43:~s : [17] 14: 18 17. 9 19~ ~ ~'~ SUnday ~:~-~o ~:~6 ~: ~-~o:~ ~,~ ~gs [25] 6:4 8:8 23 1 . 54:24 82:6 83:5 2-23 4:15 53:4 17 36:23 ' 0:4 23:12 4s:s .... ~e:~ 4~:~ 4~.~. ~}e ~4:~1, Thank 4:17 18:21 43:24 58:9,18 63:19 83:18 .... 52:7,16-18 2i';~z~ ~4:1 /lOJ 30:7 62:17168:4 7 72 23 81 18 SUndays Thank s ~ iving C~ [4] ~1:5 37:12 45:12 [2] 5:19 46:17 SUpervise That ff [~] SupPer 24 9:9 ~:~ SUpporting -~,~' ~ding ~ ~:~ :~ SUpPosed Thems S~r~ Th~ 79:14 ted f~e~ 14:21 20:14 22:9 12 35:25 40:5 43:5 53:4 ~8:~14 29:10 27 : : : 1 64:7 73 0 34:1,7_ 25 75:22 79:23 80:3,22 83:24 22 16 1~ 9 67 7 74 21 75:4 : 37 :s SUrrebut tel ~e: 9. ~_ 24 [~ 62: 19 ,17, ~5,20 42: ~ ~:4 .~.~e Therapist [2] 72:11,22 [76] 5:5 6:2 10:16 14:17 15:1 16:10 81:2 85:22 20:13-14 22:8 27:17 33:17-18,21,23 [1] 34:1 Trying Via 34 1,5,13,17 37:14,22 38:12 39:18 Time [15] 8:15 10:1 11:16-7 14:3 :5 26: : 24 4 51:17 [1] 71: 23 41 4-5,20 42:3 46:7-8 47:6-7 49:22 ~ :5 24 51:5 52:3,17 53:5 55:2,4,7 56:1~ 125] 3:4 8 3,18 9:20 10:12,24 11:8- 14 27:4,10,12 35: 40 ,12-13 13: 14:14 15:5 17:18 19:3, 83:10 View 57:4,15,19,21,23 59:23 60:4,9,11,19 Tuck [2] 26:3-4 61 1,16 62:8-9 65:11,15-16,19-20,23 8 10,14 22:3 5-6 18 25:9,21 27:13, 66 22,24 67:23 76:14,21 80:4.23-25 26 28:17 29:~7 36:9,11 19 32:1 4,6, Visit 19 33:9-10,15 34:24-25 35:8,11,17, [1] 50:21 82:5 83:7 85:16 19,23-24 36:2,10,12-13 37:1 38:2 39: Tuesday [8] 8:10 14:4 25:1 38:22 59:4,7 There's 16,19 40:20 41:4 45:6-9,11,13-14,16 [9] 23:20-21 37:3.9 42:21 47:1-2,11 Visitation [13 10:19 20 20:15 28:9 29:9 37:12 46:3,15,19 50:25 51:2-3,6,10,21 53: 54 17 [4] 12:18 73:14-15 74:19 38:]~6 42:1~ 43:5 49:14 51:7 58:6 77: 5 55:6,12-14,16 56:13 57:13,16 58:2, Turn Visited 20,22-24 60:24 62:11,18 64:6 65:12, 7 15 20 66:1 67:15,25 68:9 73:17 75: [1] 26:6 [1] 21:15 These 13 78:21 79:17-18,20 80:2,8.13,17, Turned Visiting [11 29:25 33:11 48:15 18 58:4,13 19 81:10 82:6 83:5 84:13 85:6-7,14 [3] 65:7,13,23 [2] 11:1 59:7 59:~4 62:3 66 15 76 3 ~4:14 Times Twice Vital They [31] 8:15 9:2 28:2,7 32:4 33:1 23 [2] 28:10 36:18 [2] 21:24 22:2 [213] 3:12,18 4:21 5:2 9:8 10:3 11: 34:5 6,15 35:9 36:3-4,8-9 44 2~ 45: 2,4-5 13 17:20,22,24 18:6-7,9 23 20: 19,22'61:1,9,17 79:19 82:5 [1] 4:25 [1] 15:1 2 22:~.3,6,8,10,13,15-16 24:3:4 25: To Two Voicing 1,6,16 28:3 29:17,21 33:11,20 34:10, 75 14,18 35:9-10,14,16-17 36-18-19,23 [525] 3:12-15,18,25 4:1,9,15 :5,8 [31] 5:12 11:19 13:17 17:10 18:15 37:2,13,18-19 38:9-10,14-~5,17.24- 14,23 6 4-5.7,9-10,14 17,22 :14,1& 20:6 23:24 28:24 33:11 34:6 35:7 37: [1] 81:9 14,17,23 41:4 11,25 42:2,25 43:3 13, 15 18 44:1-3,6-7 19-21 48:11-12,~'4 12:5,9 13,15,18,22,24-25 13:4,6,14, 17 62:9 78:5 16-18 ~4:6,9 13,15-17,19 15 2 6 10 Two-week W 52:2,11-14 53:5 54:5,24 55:5 56:15 57:8-9 18,23 58:6 59:12,25 60:1-3,9, 15,19,21-22,25 16:3,12,16,19-20,25 16-17 ~1:2 62:1 65:10 66:10 67:12 17 1,3,18,20,24 18:2,10-11,16 19:2, [2] 50:10,17 ~o:~ ~:~o-~,~,=~ ~:~,~ ~:~,~ ~,~.,~_=~ ~o:~,~,~o ~,~,~-~ ~: Tylenol Wait 12-15,17-19,22-23 76:2,6-8 77:3,6,~, 5 21-25 22:3 23 4 6 ~4:13,18 25:1,4 [2] 33:3 48:14 [3] 56:23 60:22 67:3 16-18 78:6,11-12 79:13 80:7,13,16 5 15,24 26:5-8,11-14,16,20 27:2,4, Waiting 17,19-20,22-23 81:9,15 84:12 85:2 4 16,12,16,24-25 28:2,20,24 29:13,16 Type 30:10,12,14,21 31:11,15-18,21 32:2- ~5] 32:18 34:10-11 39:16 44:20 [1] 82:11 Walke4 They're []] ~:5 ~:~. ~:~o [25] 11:14 17:15 28:4,18 35-14,23 22,25 36:21 37.3,5,7,10,13,22,25 38: Walking 36 16 39:25 40:13-14,20 43:~ 51:4, 4,12,15-16 18,~2 24-25 39:2,7,16-17 10 54:25 55:5 56:4,13 58:13 59:18 24 40:1,3,~-6,12 15-16,23-24 41:1,3 S [3] 64:10,23 65:9 Want 62:3 76:4 77:18 6-7 11,13,17,19,22,24 42:1,4-6,13- They've ~,~-..~o,~.~5,~ ~5:~3 4~:~-3,~,~ [7] 12:22 22:18 24:12 43:15 55:9 59 13,17,19,22 23,25 47 2-5,9,12,16,1~ [3] 50:9 59:20 66:14 17:25 18:11 24:21,23 26:8 30:10 1 , 17 33:2,11 34:14 35:9 42:2 43:1 -14 17 61:2 22,24-25 48 2,5,8,10 12,14-17,19-21 Unacceptable ~6 44:13 45:9 46:9 48:12-13 15-16 [7] 33:3 37:23 53:1058:10 62:4 65: 23,25 51:3-6,12,17,23-24 52:2,5,12- 14,16,18-22,24 53:1-2,11,13,21,23 U~d~T 22 67 2 77:3 79:17,20 80:16-17,19 9 83:4 54:4,10,22 55:9,12-13,18 23-24 56:2, [6] 5:8,24 37:13 50:19 70:6 86:9 81:9 82:12 84:10,12 Things ~=,~.,~ sv:~ ~.,~-~ s.-~.],e,~ [~o] ~o:~,~.,~s ~:~o,~,~-~o ~: ~ s~ ~,~.= ~o:~,~,~,~-~v ~,~ Understand Wanted [24] 8:17 13:18 19:3 27 24 32:11 33 24 34:2,4 35:1-2 39:1 4 '6 45 7 47: 5,13-15 17:1 21:17 22:16 33'25 34: 61:6,13,19,21-22,24 62:1,5,8,19,22, [2] 57:11 68:15 14 37:15,21-22 40:21,25 41:~ 43:12 24-25 63:6,8 64:2 65:2 3,13,20 66:4, U~i~oTm~ 21 48:2 51:3,15 53:14 58~8 66 4 75: 48:15,23 49:16 23 51 6253:25 58:34, 8 67:2-3,15,24 68:15 6~:1,10,21-22 [1] 37:15 20 76:24 79:18,23 ~ =s ~:. 6o:~,=o ~:~: vv:~o,~ vo:~ v~:~,~o-~ v~:~. v~:~o,~ v~:~ University Wants 11,13,15-17,23-24 75:1,8-9,20 76:6, Think 12-14,19,21-22,25 77:1-4,7,9,13,16, [2] 72:14,20 [6] 41:11 45:12 49:20-21 53:2 55:11 [83] 3:21 8:6 11:13 13:4,6,15 15'5, Unless 9 16:1 19:8 20:12 21:22,24 22-1-~ 21 78:7,11,13,20 79:6,23 80:8,10,22 W~ 23:5 28:21 29:20 34:25 36:2,1[-12 84:2,7,25 86:13 Unresolved 9:5, 7 10:12,15-16 2 -22 11:5 23 12 38:12,14 39 9,20,22-23 40:24 44:17 4 13 13:16 15:1,5,8-9 19:5 8~9 20: ~ ~ ~,~,~:o-~2 ~:~ ~:~v,~ ~:~, Today [~] 79:13 1~ 21:6 25:3-6,8 26:3,12,2~ 7:1 28: 11,13,15,19,22-23 58:6 59:3,8-9,23 [2] 64:4 71:14 U~t~l 16 31:17 32:24 33:10 34:1,17 35:1-2 ~o:~ ~ ~,.,~,~-~,~,~ ~:~'" Today's 69:19 73 19 74:2,5 75:7,12,25 76:2, [17~ 3:24 5:16 6:6 8:9 10:5,8 23:19 5-6 36:1,3-4 38:7-8 39:12 40:11 41: 15 77 11 81:25 82:4,23 83:11 84:16 [2] 64:5 69:14 31: i 41:17 43:22 45 21 66:24 73 18, 8 42:21 46:19,21-22,24-25 47:2,14 24 74:6 76:12 78:4 16-17,21 49:8 50:6 51:3,6,16,18,2~ 52:3 53:14,19,22 55:6,15 56:13,25 ~. Together Thinking [~o] 3~:~6 ~3:23 ~o:~ 6~:~ ~:~. Up ~:2.~3.~ 6~:~ ~o.~2 62.~ ~:3 6~ [1] 46:13 664 2,15,24 67:8,21 68:21 71:4 73:14 16 Thinks Tol~ ~ 2~ 2~:~6.2~ 2~:5- ~2:2~ 3~:~ 35: ' [1] 43:16 [6] 13:17 52:2 12 53:10,13 57:5 2~ 36:3 41:25 42 i 4:13 45:1 48:2 19-20 74:3 75:7,11,18 76:9,12 77 1 ' 4,23 51:5,8 52:22 55:3,8,18,20-22 78:24 79:20,22,24 80:13,21,23 24 81: This Tomorrow ~:~,.~ ~o:2 ~:~ 2~ ~ ~.5.22766: 2 ,2:~.~.~o.~ .3:~,. ~:~ ,~ [2] 65:~.22 ~, ~:2o 72 ~. ~:~ ~:~ ,2:~ Wash [99] 3:4 5:8.20 6:3,23 8:22 9:9,13 ~o:2.,.~o.~3.22 ~:~2 ~2:~ ~3:5 ~: Tonight Upcoming [2] 3,:~ 19 16:15 17:14,19 18:2 22:25 24 16 [1] 24:16 [1] 75:21 W~l~ 25:1,13,21,24 26:9,21 28:10 29:11 30 9 3~:6 2~-22 32 2.2~ 33:~8 36:~. TOO Upo~ [3] 20:2~ ~0:~ ' [~] ~:~ 6~:2~ ~:~ "6:5 Watch 17-18 39:11 41:2 43:22 44:61,11 45: [2] 49:22 52:24 18 48:8,21 49:10 55 3,6 5:15 57:13, Took Us [~] ~s:~ 18 60:22 65:4 68:8,19,24 69:5 70:5 71:8 73:6,9 75:15,20 76:10,16,18-19 [101 15:1 34:17 37:24 41:2,6,8,19 [4] 8:3 21:1 46:15 53:10 W~~ 24-25 77:3,16 78:1-2,12,20 79:8,14, 52:17,19 56:12 U~ [4] 41:8 58:8-9.18 2~.28 80:4.8-9.~ 8~:3.8 84:~3-~, Top [3] ~4:~7 2v:~2 48:25 Way 17,25 86:2,5 [~1 26:19 U~d [2~1 8:7 10:19-20 12:6 15:25 25:9 Tho~ To~h [31 24:20 29:13 41:24 29:24 35:7 38:22 40:2 42-18,24 46: 15 49:24 53:22 54:20 63:~ 64:25 75: [26] 3.1516.7,10,14,17 13:19 14-5 16:12 ~7: ~0:3 23:21,23 29:17 ~1: [1] 42:4 Usually 2o ~:~ 84:~ 20 34:15 37:14 38:15 40:1,4 15-16 Tow~Td~ [12] 23:17-18,21,23 24:2 29:11 45: 19 51:9 58:7 67:16,22 78:5 51:14 60:5 75:25 77:10 [1] 75:16 Though Transfer Utilized [~] ~:~,~0-~ ~:~,2~ ~:~5 8:~- 15 9:17 11:21-22 12:8-9 14:1,3-4,25 [1] 67:7 [1] 25:22 [2] 36:13 58:23 19:2 20 13 21:14-16 19-20 23:4 24 12 27:16,20 31:19,24 32:3,6,16-17, Thought Trial V ~ ~4 .,~s ~s:~ ~:~ ~:~0 40:~. [7] 12:12 34:17 45:7 47:16 51:18 54: [5] 12:18 22:25 43:22 48:8 49:9 24 41 7 10,17 43:23 44:10-11,21 45: ~ s~:s Tried V 4.~-~ ~6:~4 ~.:s,~3,~s ~:~,~-lo 51:2 52:22 53:13 58:3 59:7 60:1 63 ThT~t~ [4] 10:14 74:15,18 76:19 [2] 3:5 71:9 7 64 10 23 25 65 10 66:11,17,19-20 [~] ~:~ Trip Vacation 6~.~ 24 ~:~ ~ ~4:~4-~s ~8,~s Three [=] 4=:6,~6 [~1 ~:~ ~:s ~:s 48:~ ~:. ~ ~ ~_i ~:~ ~:~ ~:2 4 ~:~ 80:~,~ 25 81:1 82:23 84:4 [22~ 9:2,25 13:16 23:23 31:5 16,20 ~4: ~:~ ~:9 ~5:~5 46:8 4% 6 ~ Truce Vacations ~:~ so:~ s~ ~. ss:2 ~:~ ~:; ~: [~] ~:=0 [2] ~s:~ ~:2= We'd [1] 63: 8 ~ 84:~ True Van We ' 11 Three-day [~] 19:23 [3] 65:8,14,24 12]4-5 38:18 41:1 45:5 60:25 63:2 [2] ~:~ ~.:~ Truly Varies 8:~ ~:~. ~0:2 ~:~2 8~:2 [21] 11:7 12:23 13:24 23:14 29:7 34: Trumpet Veg~e~ [5] 3:16 30:21 61:16 77:13 82:11 2 36:19337:25 41:18 43:25 44:3 48:7 49:16,2 5 :19 53:25 54:6 74:4 80:4 [1] 36:24 [1] 41:9 W~v~ 82:3 83:8 Trumpets Verbal [~] 8:12 13:15 14:2 43:23 Throughout [~] ~:~ [~] ~:~ Wednesday [~] ~:~-2 ~:~ ~:~ .~:~ Truth Verbally [20] 6:5 8:9,23 10'4 32'5 37:10 42: 59:14 73:20.23 74:6,18 83:19 [6] 6:6 3~:~0 lo:~ 4~:4,~2 ~3:~4 Try Very Thursdays [22] 15:19,22 16:3 20:23,25 25:4 26: [31] 15:11 27:7 34:18 39:24 40:22 Wednesdays 8,16 28:20 32:3 17,23 38-15 43:12 [1] 19:5 [1] 45:23 16 45:23 48:10 ~9:10 74:~5,25 75:~ 42:25 43:3-4 47:19 24 48 22 52 23 55:15 58:7 59'1 7,17 62:5 65-11,18 Tickets 8~:~ ~ l~-l. ~s:~i %~ i ~:~.~ ~o:~ ~o Week [37] 9;.24-25 21:13,23 23:22 24:14 56:24 57:19 " 71:10-11 77:8 78:3, 16 28: 4-25 29:2,7 17 31 17 32 6 ~6: 8-9 80:4 Y 18 21-22 37:3,9 38~9 41:2 46:25 47: Willing 8 ~0:8,10,13,17 52 11 54:19 57:17 59:14 73:22 75:10 76:10 [5] 18:10 49:12 82:4 83:3 84:2 Yeah Week's Wing [6] 23:11 45:4 47:5 67:2,12,16 [1] 21:9 [1] 41:17 Year Weekend Wings [9] 10:1 23:18 32:5 42:19-20 51:11- [1] 41:16 [18] 5:8 6:23 10:8 11:4 16:15 17:11 12,14 73:19 Winter 34:3 35:15 36:17 39:11,24 44:6 56: Weekends [1] 54:14 12 73:10 75:21 76:23 [5] 19:5 45:1 50:20 51:22 73:23 Wise Year's Weekly [1] 17:16 [2] 8:15 28:23 [1] 5:19 Weeks Wish [2] 68:15 69:22 Years [8] 28:24 38:3,20 50:17 57:17 76:12 Wishes [8] 4:11,17 25 5:4 6:3 8:2 33:18 44: 77:14 81:14 , Welcome [1] 69:21 7 [3] 17:22 55:23 85:24 With Yes Well [231] 3:7,9,12 4:9,15 5:17 6:8 7:12, [62] 6:12,15 7:22 9:15 11:21 12:17 14 8:7,11,24-25 9:3,6 10:9,12-13,17, [28] 3:23 4:4 10:11 19:23 21:14 22: 24 11:6,8-9,13 22-23 12:1-2,5 13:5, 14:24 15:4,8 16:9,13,25 18:23 20:13 6 23:16 30:18 40:17 42:25 43:3-4,6 24 14 9,14 15:;.,11,21 17:13 15,18 22:16 24:25 25:12,14 27:1,3 30:13, 8,10 44:18 45:17 21 56 21 58 1 59: 20,22-23 18:3,9-10 19:11 14 17 2012, 13,17-18 60:6 62:3 75:7 76:8 83:25 11,20 21:12,25 22:6 23:16,21 24:1,4 21 32:2,10 33:17 35:14,20 43:18,22 nt 21,23 25:1,5,9 26:9-10 27:8,25 28:6 44:3 50:15,18 51:4 52:13 59:22 61: [18] 11:22 12:13 19:2 21:14 22:4 38: 8,23 29:4,6 31:9 12,15,24 32:6,20- 14 64:3,21 65:5,19 67:2,13 69:25 71: 21 44:7 51:15 52.13 60:3 65:15,25 21 33:11-12,14 1~,19,21 34:15-16,18 72:16 18-19 80:2~. 85:4 20 74 12,22 77:24 78:17 79:4-5,9 80 35:11,17,19-20 36:3,10,13 37:14,19, 22 38 9,22 39:21-22 40 7,17,19-20, 9,15 81:4,11,17 82:14 83:3,17 84:11, Were 25 41 3,14, 17,20,22 25 42: 4,7 9,22 15 85: 8 [44] 3:12 4:20-21 6-7;.828:15 9:8 10 43 22 44:2,18,20 45 8,13,15,21-22 12,16 14:25 15:21 1~. 1:2,7 25:6- 46:5,15-17 47.9,19 48:3,8 49.1,12- Yesterday 7 27:7 28:17 34:15 3~:10,24 44:6 46: 13 51:1 3,7,1~,15,17,21 52:1~ 54:8, 7 52:17 56-11 60:19 64'8,10,16,19, 12,14,16,24-25 55:6,10 12,17 57:2 [2] 64:5,20 ~-~l ~:~6 ~:~ 8,~-~ ~ ~0 ~, ~. ~0 ~ ~ ~,~ 8 ~0,~ ~0:~ ~ ~: 23, 25 81: 15 82: 5 ' ' 8 62:5,22 64:5,9.17 66:10 67:17-19 W~~~ ~ 68:25 69:21 70 5 72:15 21,24 73:2,5, [2] 19:13 69: 5 [3] 38:12 62:2 80:22 8,12 74:14,23 75:10 12-13 76:2,8-9, Wesley l~ ~:~ ~ ~i ~8 ~.~.~s ~:~ l~-~ You 22 80:12-13,17 19-20 81'15 82:1 9, [3] 69:16 70:8 86:11 21 83 6 84:2,16 85:3,5-~ ' [307] 3:19,25 6:9-10,14 7:8,10,12, What Within ll.~8.=s ,:~-l.~ ~:~-10.aa 10:~.~- [77] 5:24 8:22,24 10:6,9,14-15,17 [2] 30:18 86:14 10 11:18-19 12:13,18,20 13:4,9,13- 11:15-16 12:2 13:8,13 18,24 14:1,10 Without ~4,2~ 14:6-7,10,19,22 15:1-3 5,7 9, 15:16 24 18:11,14,18 ~1:12,16 23:14 , , 25:18 29:13-14 31:14,19 32:25 33:2 [3] 10:8 32:18 39:17 15 16,21 23 16:8,12,14,16-17 23 17: 35:10,22 36:14,25 37:4,7 38:16 39:5 Witness 7-8,17 18:3,9 19:3-4,6,10 20:6,9-10, 40:19 41:5,14 42:10 43:15 46:12,21 [15] 12:17 18:16,20,23 30:9 58:16 17 21:6-7,9 12 22:4,18 21-22 23:8 48 5,12,17 23-24 49:9,20 52:10 54:2 59:16 61:1 63:8,22 68:16 69:11 74:4 ' 56:25 62:6 64:22 72:8,10,23 73:16 85:24 86:1 11 24:7,10,17,20 25:10,15,18 20 26: 74 2,13 75:8 76:6 77:25 79:10,12 81: ' 9 83:25 84:10,12 Witnesses 8-9,16,20,24 27:2,4,7,21,23-24 28:6, [~ [3] 62:20 68:8,12 10,16-17,20-23 29 4 12,15,20 30:6-7 [2] 23:9 28:11 Womanhood 10-11 31:3,8-9,14,25 32:13,15,20-21 Whatever [~] 48:24 33:6,10,13,25 34:13,20 35:7,18,25 [6] 9:7 12:18 39:2 46:2 48:15.67:24 Won't 37 16 38:19-20 39:1 5,20 40 6,14-15, Wh~ [1] 55:10 19-20 41:6,13 42:14-15 43:11,20 44: [59] 8:10 9:18,22 12:13 13:13 14:25 Word 22 45:5,21-22 46:1,3,9,18 47:8-9,18 [1] 22:7 48:7,13 49 12-13,17,24 50:4 51:18, 15:2 16:23 19:2 23:25 24:7,10 28:23 29 6,11 30:14 31:14,24 32:23 33:23 34 15 35:1 23 38:8,21,24 39:11,13 Work 20 52:10-11,15,20 53:3-4,8-11,16,19 41:1 42:20 43:22 44:13 45.7 47.23 [41] 7:19-21 14:3 16:24 23:1,3,9,15, 54:2,9,17,23,25 55:11-13 56:9 23 57: 50 5 51 2,24 54:8,16,23,2~ 55:~ 11 22 24:5 25:7 26:8 10,15 28:22 29:4, 8,11,20-21 24 58:11-12,14 59:3 60:8 56 5,12 21 57:2 5,18 19 60:19 61:2- 11,14,17,22 34:2 ~9:15 41:13 42:3,5, ' , 3 64:8,23 74:23 78:4 80:21 82:5 21 44:10 45:21 46:1,10 51:17 54:4,9, 24 61:9,20 23-25 62 9,17,22 63:18 ~v~r 18,21 59:10 65:1 67:25 75:5 84:14 20-21,25 64:2,4,8,13,17,19 65:5,21 [~] ~0:~ ~:~ ~:~ ~4:~ Workday ~:4.~ ~:~.~-~.~0.~ ~.:~ ~_. Where [~] ~:~ ' ' 69:18 71:11,18 72:1,5,12,23 73:5,8, 31] 7'10 18,23 9:10 15:15 18:7 23: Worked 17 25 74 11 20 75 25 76:15,22 77 20, 3 24:~ 31:11 34:7 35:22,25 38:16 [11] 6:3 17:11 21:15 28:6 42:19 44: 25 78:16 79:4,6,10,16 80:5-6 81:2 5 41:9 42:2 43:11 45:12 49:17 52:11 17 58:4 73:11 75:7 77:3 79:21 , · 57 7 59 11 61:4 63 18,25 65:15 24 [20] 5:24 12:23 16:21 20:25 21:3 23: 84 6,9,12,16,25 85:10,13,19,22 25 Whereupon ~s ~:~ 4s:~o ~:4 ~:~-~a s~:~ 14] 4:6 7:3 30:23 63:3 11 68:21 70: 53:11,22,25 67:21 72:21 24 77:10 81: 0 ~:4.~ ~:=~ 8~:~.~.~1 s~:~s ~ ' You'd Wherever Works [1] 38:8 [6] 9:23 29:6-7,12 38:23 54:20 Whether Workweek You' re [4] 29:20 62:22 78:12 85:14 [1] 54:16 [14] 15:25 22:21,24 23:25 24:15 30: Which Worried ~8 ~:s 4s:~s ~:~ s4:s.~.~ s,: [14] 13:7 25:21 26:6 36:17 19,21 39: [2] 10:17 58:7 11 85 24 15 41:8 19 44:8 45 10 46:2~ 57:8 69 s Worry You ' ve While [~] [7] 16:7 22:17,25 23:1 31:21 43:7 [6] 28:18,21 49:18 51:4 55:2 82:11 Wo~l~ 66:12 Who ["~] ~:~ ~:..:~o ~:~ ~0:~-~,~ ~ [9] 7:12 17:12 24:23 29:16 32:24 41: 21,25 15:22 16:5 18 9 19 4 22:1$ ' Youn~er 11,23 60:7 23:19 24:3-4 25~7,20 30:12 31:3 32: [5] 5:3 64:3 11,18-19 3,10,23 33 1,3- 37:11 38'13,25 39: ' Who's ~.~ ~0:~ ~ ~ ~:~0.~-~i.~ ~:~ Your [1] 35:25 47:6 9-10 13 48:1~2,24-25 50:11 20- Whole ~ ~:~ ~:~0 ~,: 0 ~0:~ ~:~ ~: 24 63:6 67:14 20 71:18 74:16-17,25 14,21 14:7,20,23 15:6 16:17,24 17: [10] 34:4 36:1 38:2 45:11,22 46:4 75:3,9 76:11,~8 77:2 78:1 6-7,10 79: 51:8,12 22 57:16 12 81:12,16-17 18 18:6 19:4,11,15,18,24-25 20:1,6, Whom Wouldn ' t [1] 19:20 [2] 84:1,18 24 27:8 28:7,17-18,22 30:9,19,22 31: Whose Wri te 3,8,11,24 35:22 39:6 41:13-14 44:14, [1] 63:8 [2] 40:3 45:24 25 46:2 48:8 50:19 52:10,15 54:4 57 Why Wri tes 12 59:21 60:24 61:19 62:15,19 63:16 [14] 10:7 15:9,13 18 16'6 19'12 21' ' 2 27:22 32:15 45:~1 49:~,9 7~:11 86: [1] 48:18 21 64 16,19-20 65 18 66 8 67:11 68: ~ Writin9 ~.1~.~ ~o:~ ~:1~ ~a:~,8.~o.1~.~ Wiffle iai 11:7 27:16 73:25 75:6 76:15 77:21,25 78:15 81: [2] 13:1~ 21:~4 Written 6,8 84:9 85:23 Will [~] ~0:a~ [261 3'6 5:11,17 6:16 18 7-1 36:19, Wrote Youth CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. e~dy ~/~n~er/ Offici~urt The fore~oin~ record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ROBERT j. MARSH, Plaintiff ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, vs. ' PENNSYLVANIA · CIVIL ACTION LAW KATHLEEN S. MARSH, ' NO. 2 001 - 1873 · CIVIL ACTION Defendant ' IN CUSTODY CONCISE STATEMENT OF MATTE~ COMPlieD OF 1. On August 21, 2001, this hearing on the issue of Child Cu Honorable Court after a Stody, enter, ed an Order awarding primary physical custody of the parties children to Defendant/Mother and periods of partial custody and visitation to Plaintiff/Father. 2. On September 18, 2001, Plaintiff/Father filed a Notice of Appeal from that Order. The specific matters complained of in the Appeal are- A. The Trial Court abused its discretion when it reduced Plaintiff/Father, s visitation with the children without any justification. B. The Trial Court abused its discretion when it reduced Plaintiff/Father, s visitation with the children and rejected, wi thout reason, the recommendation of the psychologist who was employed by the parties to help them resolve this case in the children, s best interest. C. The Trial Court abused its discretion when it failed to consider the express wishes of the children, who are of an appropriate age to Voice their opinions in a child custody matter, and who did so through the psychologist. D. The holiday schedule set forth by Order of May 10, 2001 was satisfactory to both parties and was changed without basis to eliminate all but two holidays and to change even the times the parties had agreed on. Respectfully submitted, DISSINGER AND DISSINGER Date- Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717} 975-2840 ROBERT J. MARSH, ' IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, vs. ' PENNSYLVANIA · CIVIL ACTION LAW · NO. 2001-1873 KATHLEEN S. MARSH, ' CIVIL ACTION Defendant ' IN CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon The Honorable Judge J. Wesley Oler, Jr., by First Class United States mail addressed as follows- The Honorable j. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Da t e- _____ d~~~~~~_- · '~y ~.! ,:~ter Dissing-~ ~ ROBERT j. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION- LAW KATHLEEN S. MARSH, · Defendant ' NO. 01-1873 CIVIL TERM IN RE. OPINION PURSUANT TO PA. R.A.P. 1925 OLER, J., October ! 5, 2001. In this custody case, Plaintiff father has appealed to the Pennsylvania Superior Court from an order which awarded primary physical custody of the parties' three children to Defendant mother. The bases for Plaintiff's appeal have been expressed in Defendant's statement of matters complained of on appeal as follows. A. The Trial Court abused its discretion when it reduced Plaintiff/Father's visitation with the children without any justification. B. The Trial Court abused its discretion when it reduced Plaintiff/Father v~s~tat~on with the children and rejected, ~S · · · without reason, the recommendation of the psychologist who was employed by the parties to help them resolve this case in the children's best interest. C. The Trial Court abused its discretion when it failed to consider the express wishes of the children, who are of an appropriate age to voice their opinions in a child custody matter, and who did so through the psychologist. D. The holiday schedule set forth by Order of May 10, 2001 was satisfactory to both parties and' was changed without basis to eliminate all but two (2) holidays and to change even the times the parties had agreed on. ~ This opinion in support of the custody order appealed from is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). Plaintiff's Concise Statement of Matters Complained of, filed October 9, 2001. V1NVA'I~NN~ STATEMENT OF FACTS Plaintiff is Robert J. Marsh, 40; he resides at 360 Old State Road, Gardners, Cumberland County, Pennsylvania. 2 Defendant is Kathleen S. Marsh, 40; she resides at 11 South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania.3 The parties were married in October of 1986.4 Three children were born of their marriage: twelve-year-old Danielle Nicole Marsh (d.o.b. December 20, 1988), her twin sister, Alicia Christine Marsh (d.o.b. December 20, 1988), and their nine-year-old younger brother, Aaron Robert Marsh (d.o.b. October 21, 1991).~ The parties separated in April of 1997, and were divorced in October of 1998.~ Plaintiff father is a restaurateur who owns and operates a pizza shop on Spring Road in Carlisle, Cumberland County, Pennsylvania. 7 Defendant mother is a registered nurse, who supervises a wing at the county nursing home in Carlisle, Cumberland County, Pennsylvania. S The parties' residences are about ten miles apart.9 When the parties separated in 1997, Defendant mother remained with the · children in the family home and maintained her role as their primary caregiver.~0 2 N.T. 4, Hearing, August 15 and August 20, 2001 (hereinafter N.T. ~). 3 N.T. 4. 4N.T. 4. ~ N.T. 4-5. 6N.T. 4. ? N.T. 4, 7. SN.T. 4, 41. 9N.T. 18. ~° N.T. 31. 2 Defendant father Sought (and received) only overnight custodial Periods, three times per week. ~ Under this arrangement, the children have prospered in school, both academically and socially. ~2 Defendant mother has established a routine whereby she oversees COmpletion of their homework, 13 facilitates their participation in extracurricular activities such as sports,~4 and promotes their regular attendance at church.~S Her normal work schedule is from 7:00 a.m. until 3:00 p.m.,~6 which enables her to get the twins on the school bus (a neighbor facilitates Aaron's transportation to school)iT and to be available for the children at the end of the school day.~S Her employment situation is flexible enough to accommodate changes in her schedule when necessary for the children. 19 Defendant mother has also been accommodating and cooperative with respect to permitting the father and his family and friends additional time with the children'° and providing the father with information about the children.:l The strong impression of the court with respect to the mother is that she is devoted to the children, displays a high degree of common sense and understanding in parenting, has not allowed hostility toward her on the part of Plaintiff to affect the children, and has the best interests oft he children at heart. ~ N.T. 31, 41. These periods were on Sundays, Wednesdays and Fridays, from 6:00 p.m. until the following mornings at 9:00 a.m.N.T. 6. ~: N.T. 43. ~ N.T. 44, 59 ~4 N.T. 43. ~ N.T. 43-44. N.T. 39, 41. N.T. 41. N.T. 42. N.T. 42. ~° N.T. 34. N.T. 40. Plaintiff father is also a loving parent. He still harbors, however, a high degree of resentment toward Defendant with respect to the dissolution of their marriage.~-2 This resentment finds expression in his general refusal to communicate with Defendant by other than sealed writings which he hands to her,23 his zealous pursuit of hours with the children at times when their own interests might be better served by a more flexible approach, 24 and his refusal to accommodate Defendant's reasonable needs.25 Thus, Plaintiff has rejected Defendant's attempts to relate the history of transient illnesses which the children may have, advising her, "I don't want to know. Just tell me what to do.''26 Plaintiff has told Defendant, "I don't want quality time, I want my half the time.,,27 He refused to alter Defendant's pick-up time for the children to facilitate her attendance at the hearing in this case.2s An example of the difficulties which the parties experience in working together for the children's benefit was provided in the following testimony of Defendant: Q And did you request, I guess, of the father on July 4th[, 2001,] to exchange some time, and it was rather acrimonious? A What happened was, July 4th, I was supposed to have -- according to the conciliator's schedule, I was supposed to have them in the afl~ernoon of July 4th, which was a Wednesday, and Bob would have had them in the morning. The week before, I saw that it was my week to have them Monday and Tuesday. I just really felt that it was not good for ~ N.T. 79. The court did not find persuasive Plaintiff's testimony that his initial anger at the parties' separation has been replaced by pity for Defendant. N.T. 20. ~3 N.T. 20-21, 48. ~4 N.T. 46-48. ~s N.T. 26. 26 N.T. 48. 27 N.T. 45. ~SN.T. 26. 4 the kids, to drive them Tuesday night to Bob to have them for the morning, give them back to me Wednesday afternoon, give them back to Bob Thursday morning, and then him to have~ yeah. There would have been like three exchanges there in the matter of the three days. So I called Bob the week before, and I said, Bob, if you don't have anything planned, would it be okay with you just to switch that morning and afternoon so that I would just keep them from Monday, Tuesday, into Wednesday afternoon, and then he could get them Thursday afternoon to keep them into Friday, because it would still be a half a day and an overnight. Then Monday night, he called me. I was out in the garden. And he called me, and he said, asked me if I had given any thought to how many hours that was. I couldn't think. I said, no, I haven't. I knew it was a night and a half a day. I just put that out to you. And he got very angry with me and nasty screwing him out of the hours. He wanted every hour that he was entitled to, and it had to be done to the hour. So I offered--I said, I can't think. I just couldn't think when he said that about down to the very hours. So I called him back. I said, I need to figure that out. And I called him back and said that he would have been short one hour, so if he wanted to pick them up at 1:00 instead of 2, that would be fine with me. So then he left me a message, 1'00 pick-up is fine. And so that's what we did then to keep the children from going back and forth three times.29 Although Plaintiff is focused upon the relative number of hours of custody which he feels he is entitled to, the children frequently are with his relatives rather 30 In one period, for instance, than him during the periods of custody which he has. of sixteen occasions when the children were transferred to his custody he was himself present at only four of the exchanges.3~ The children frequently sleep at a 29 N.T. 47-48. 30 N.T. 3 5-36. 31 N.T. 35-36. relative's home rather than his.3~ This situation has caused the mother to observe, correctly in the court's view, that, although "[hie needs more time... I don't think that he really ever utilized the time that he did have with them.''33 When the children expressed a desire for an expansion of Plaintiff father's 34 he filed a custody beyond periods when they were asleep most of the time, complaint for shared custody on March 30, 2001. A custody conciliation 35 However, conference held on May 1,2001, did not resolve the issue of custody. a temporary order recommended by the conciliator, which was issued by the court on May 10, 2001, reflected an agreement of the parties as to several custodial matters and scheduled a full custody hearing before the court.36 The terms of the temporary order of May 10, 2001, included provisions for (a) shared legal custody, (b) periods of physical custody during the summer in alternating blocks of two weeks, and (c) a holiday schedule.37 The basic issue of physical custody throughout the school year was not addressed by the temporary order. The order noted that "lilt is acknowledged between the parties that they are experiencing serious divisions in their relationship which are, in turn, having an ,,38 Shortly adverse impact on their ability to co-parent the subject minor Children. after issuance of the temporary order, the parties adopted a variation of the shared custody arrangement for the summer, whereby on an alternating basis each had custody of the children for four days of one week and three days of the following week.3~ ~2 N.T. 66-68. 3~ N.T. 36. 34 N.T. 10. ~ Custody Conciliation Summary Report, dated May 4, 2001. 36 Order of Court, May 10, 2001. The hearing before the court was held on August 15,2001, and August 20, 2001. ~7 Order of Court, May 10, 2001. ~8 Order of Court, May 10, 2001. ~0 N.T. 12, 74; Plaintiff's Exhibit 1, at 1 (Report of Elaine S. Rissinger, Ed.D.). 6 A therapist whom the parties engaged for the purpose of promoting their co-parenting skills4° agreed to assume the role of advocate for the children's wishes and did so at the hearing before the court.4~ (The parties did not wish to subject the children to the stress of direct participation in the hearing,n2) In this role, the therapist recommended that the court adopt, on a trial basis, the children's preference that the summer shared custody arrangement be continued into the 43 school year. The children's tendency to maintain a status quo, however, had originally manifested itself in a reluctance to enter into an arrangement whereby the father had equal time with them.44 In addition, the therapist noted in her report that, although "[t]he children are comfortable with both their mother and father[,] ... they report that they miss their mother when they are at their father's home.,,45 The therapist also noted: [T]he children continue to express confusion about the schedule and the fi'equent exchanges and have some difficulty keeping their "stuff" with them as they go fi'om house to house. Because of their father's work schedule, they have spent much time this summer at relatives' homes which they report that they enjoy, but it lends itself to the scattering of their "stuff" in many locations.46 While recommending the continuation of the 4/3 3/4 arrangement because the children had advised her that this was their wish, the therapist reported that the children needed structure during the school year, that Defendant mother had done 40 See Order of Court, May 10, 2001. 41 N.T. 76, 81. 42 N.T. 69; Order of Court, August 15,2001. 43 N.T. 76. The therapist recommended that the trial period last until mid-October, 2001. N.T. 76. 44 N.T. 74-75. 45 Plaintiff's Exhibit 1, at 1 (Report of Elaine S. Rissinger, Ed.D.). 46 Plaintiff' s Exhibit 1, at 2 (Report of Elaine S. Rissinger, Ed.D.). "an excellent job providing a structure for them," and that one of her (the therapist's) concerns was that the said arrangement would interrupt this structure.n7 She felt that it "remain[ed] to be seen" whether Plaintiff father was capable of providing the same structure, nS In this regard, she emphasized: [A]t this point, because the children wanted to remain this way, I agreed to make this recommendation. I said to the children at the very beginning that I was going to be their advocate with them. We would see how it worked for them. They say they want this to be--to remain the same. I've talked to them about my concerns .... 49 Furthermore, the therapist felt that Plaintiff father remained angry, 50 and that an "issue from Mr. Marsh's side [was that] he wanted to make sure everything was equal.',St She stated that she was not sure whether Plaintiff was capable of compromising if an arrangement he wanted was not in the children's best interest.52 She observed that Plaintiff was "less willing to compromise on pick-up times and drop-off times.,,53 In this regard, she testified: [Hie seemed less willing to compromise. That was the basic thing. It seemed more important that the time be equal rather than the children's needs be addressed with switching back and forth.54 The therapist also noted her concern "that when [the children] went to their father's house, they really weren't sure where they were going because there was a lot of switching around and, of course, that was because there was--it was in the ~? N.T. 76. ~8 N.T. 76. 49 N.T. 76-77. 5° N.T. 79. 5~ N.T. 79. 52 N.T. 80. 53 N.T. 82. 5~ N.T. 83. summer, and there were a lot of activities, and we didn't need the consistency then that we do now [in the school year].''55 Ultimately, the court entered the following order, granting Defendant mother primary physical custody during the school year and awarding Plaintiff father liberal periods of temporary or partial custody, based upon its evaluation of the evidence in the case as it related to the best interests of the children: AND NOW, this 21st day of August, 2001, upon consideration of Plaintiffs complaint for custody with respect to the parties' children, Danielle Nicole Marsh (d.o.b. December 20, 1988), Alicia Christine Marsh (d.o.b. December 20, 1988), and Aaron Robert Marsh (d.o.b. October 21, 1991), and following a hearing held on August 15, 2001, and August 20, 2001, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Defendant (the mother). 3. Temporary or partial physical custody of the children shall be in Plaintiff (the father) at the following times' a. During the school year, (1) On altemating weekends from Friday at 7:00 p.m. until commencement of school on the following Monday morning; provided, that where such Monday is a federal holiday, the period of temporary or partial physical custody shall extend to Monday evening at 7:00 p.m. (2) From Wednesday at 7'00 p.m. until Thursday at 7'00 p.m., on alternating weeks. b. During the summer, for alternating two-week periods, commencing with the ss N.T. 80-81. end of school and concluding with the resumption of school. 4. Notwithstanding the foregoing, custody of the children shall be in Defendant (the mother) on Thanksgiving Day until 3:00 p.m. and in Plaintiff (the father) from 3'00 on Thanksgiving Day until 7'00 p.m. on the following Sunday; and custody of the children shall be in Defendant (the mother) on Christmas Day until 3'00 p.m. and in Plaintiff (the father) from 3'00 p.m. on Christmas Day until 7'00 p.m. on December 30. 5. Nothing herein is intended to prohibit the parties from deviating from the terms of this [arrangement] by mutual consent. 6. All prior custody orders are vacated. Plaintiff father filed an appeal from this order on September 18, 2001. DISCUSSION The "paramount concern" and "polestar" of any custody analysis is "the best interests of the child." Sawko v. Sawko, 425 Pa. Super. 450, 454, 625 A.2d 692, 693 (1993). Although joint or shared physical custody is a permissible form of custody for a court to order, "there is no presumption favoring shared custody." Schwarcz v. Schwarcz, 378 Pa. Super. 170, 183 n. 16, 548 A.2d 556, 563 n.16 (1988) (quoting In re Wesley J.K., 299 Pa. Super. 504, 514, 445 A.2d 1243, 1248 (1982). Instead, trial courts are required to consider all factors which legitimately impact upon the child's physical, intellectual, moral and spiritual well-being on a case by case basis in deciding how to allocate post-divorce parental authority via legal and physical custody. Zummo v. Zummo, 394 Pa. Super. 30, 45, 574 A.2d 1130, 1137 (1990); see Lee v. Fontine, 406 Pa. Super. 487, 488, 594 A.2d 724, 725 (1991). "The presumption-free law permits the [trial] court to engage in a full, fair and comprehensive examination of the best interests of the child. It does not place an unreasonable burden on a long-time custodial parent to defend the status quo." Karis v. Karis, 353 Pa. Super. 561,568, 510 A.2d 804, 808 (1986) (quoting In re Wesley ~.K., 299 Pa. Super. at 514-15, 445 A.2d at 1248). In addition, while they are significant factors to be considered, neither the preference of the child nor the opinion of an expert is binding upon the court in its analysis of the case. See ~atters v. Watters, 757 A.2d 966, 969 (Pa. Super. 2000); Murphey v. Hatala, 350 Pa. Super. 433,443,504 A.2d 917, 922 (1986). Among numerous considerations in a case of the present type is whether one parent has a history as the primary caregiver and whether the results of that history have been positive. Michael T.L.v. Marilyn J.L., 363 Pa. Super. 42, 54-55, 525 A.2d 414, 420-21 (1987). As the Superior Court has noted, "[w]hen a child receives love, guidance, companionship, and direction fi'om a parent on a consistent basis, a firm foundation is being laid for the child's future healthy development." Michael T.L., 363 Pa. Super. at 55, 525 A.2d at 421 (quoting Gonzalez v. Gonzalez, 337 Pa. Super. 1, 6-7, 486 A.2d 449, 452 (1984)). "[T]he trial court must give positive weight to the parent who has been the primary caregiver." Gonzalez, 337 Pa. Super. at 8, 486 A.2d at 453. Other factors include the fitness of the parents, the desire on the part of the parents for a continuing active involvement in their child's life, the existence of a relationship between the child and the parents, and the degree of cooperation between the parents.~6 In the present case, factors which militated in favor of an award of primary physical custody to Defendant mother during the school year, with liberal periods of temporary or partial physical custody in Plaintiff father, included (a) the mother's long history as the children's primary caregiver with highly successful results, both academic and social, (b) her relative superiority as a parent in terms of understanding and placing the children's interests ahead of her own, (c) her demonstrated capacity and willingness to provide the structured environment which the children need during the school year, (d) her relative strength in the area of cooperation and accommodation with respect to the other parent, (e) the father's See $chwarcz, 370 Pa. Super. at 183-90, 548 A.2d at 563-66. inability or unwillingness to communicate in a meaningful way with the mother due to resentment over the dissolution of their marriage, (f) the extent to which the father's practice has been to be out of the children's presence during his periods of custody, and (g) the father's tendency to focus upon his own interests in terms of custodial time rather than the children's. In giving weight to these factors, the court in no way doubted the father's fitness as a parent or his genuine love for his children. Nor did the court discount the children's preference, as expressed by their therapist, that the summer shared custodial arrangement be extended into the school year. However, a natural tendency might exist in these circumstances in children who love both parents not to disappoint one by requesting a remm to a prior arrangement; in any event, the court shared the concerns expressed by the therapist about the abandonment of the mother's home as a primary residence during the school year. The court's recognition of the father's fitness as a parent, his love for his children, and the children's preference was reflected in the greatly expanded periods of quality time with the children awarded to him. 57 The position of the therapist in this case was to a large extent a function of her agreement that she would advocate in favor of the children's wishes and was, in that sense, more in the nature of an expression of the children's preference than a typical independent custodial recommendation. Her testimony and report, while insightful and very helpful to the court, did not in the last analysis cause it to conclude that a shared custody arrangement during the school year rather than one in which the mother had primary physical custody would best serve the interests of the children. 57 The court did not regard the previous arrangement whereby the father's custodial periods consisted primarily of time when the children would be asleep as equivalent in nature to that awarded under the order appealed from. Finally, to the extent that the parties find themselves in agreement on a certain holiday schedule, the order appealed from expressly authorizes their adherence to such a schedule.58 B Y THE COURT, ~J (Vesley (51er~_.~, . ' Mary A. Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff Robert L. O'Brien, Esq. ~ ~ l o-r~t ~,- o ~ 17 West South Street ~ ' Carlisle, PA 17013 Attorney for Defendant Order of Court, August 21,2001, paragraph 5. CETIFICATE AND TRANS · PENNSYLVANIA RULE OF AMITTAL OF_RECORDS UNDER PPELLATE PROCEDU~ To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PA The undersigned, Prothonotary of the Court of Common P/cas of Cumber/and County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and em/re record, including an opinion of the court as required by PA R.A.P. 1925, the or/ginal papers and exhibits, if any on file, the transcr/pt of the proceedings, if any, and the docket entries in the following matter: ROBERT j MARSH VS KATHLEEN S HARSH 01-1873 CIVIL TERM SUPERIOR COURT # 1498 ~DA 2001 The documents compr/s/ng the record have been numbered from No. 1 to 15~ and attached hereto as Exh/bit A is a list of the documents correspondingly numbered and /dent/fled with reasonable definiteness, including with respect to each document, the number of pages COmprising the document. The date on which the record has been transmitted to the Appellate Court is 11-2-01 · · An additional co,,,, of this certific · acknowled in · . ate ~s enclosed. P! · Date Signature Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of {2.__.__UMBE R I~AND in the Commonwealth of Pennsylvania to No. 0].-].873 Term. 19 _______ is contained the following: COPY OF SEE ATTACHED DOCKET ENTRY ROBERT j MARSH VS KATHLEEN S MARSH PLEASE SEE ENCLOSED DOCKET ENTRIES- 01-1873 CIVIL TERM SUPERIOR COURT # _ 1498 MDA 2001 Commonwealth of Pennsylvania County of Cumberland ss: of ~~ Prothonotary the Court of Common Pleas in and for said County. do hereby certify that the foregoing is a full true and correct copy of the whole record of the case therein stated~ wherein .- ~. as th~ same remains of record in TESTIMONy WHEREO , before the sa~d Court at No. this ___2ND F I hay · ._ ~ _ . of ~ e hereunto Ter s,,, .,.y _nano and affi ~rn .... ..,. !~~. day of NOVEMBER xed the seal of said Coun Judicial Distr/ct, composed of ,., ' Pr thonotary CURTIS R. LONG the C P uage of the ounty of Cumberland, do certify that · by whom the annex~ attestation were made and given, and who, in his own proper handwriting, and affixed the seal of the Court Prothonotary -, 0..., ,. .. of Common Pleas of sa' __ . thereunto subscribed his name -., ~,, ,~,u ~or smd Co ~d Count , was, at the time ofso 'n , and · unty of g, and now ~s the Commonwealth of Pennsylvania, duly commissioned and qualified to ali of whose acts as such full faith in and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the C°mmonwealth of Pennsylvania / ~. //$' ~/' ~r I'~r rrTdent .ludge County of Cumberland ss: !, Prothonotary bf the Court of and for the said County, do certify that the Honorable GEORGE E H Common Pleas in by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given~ as well in Courts of judicature as elsewhere. IN TESTIMONy WHEREOF, ! have hereunto set my hand and affixed the seal of said Court this day 9f NOVEMB ~'~mberland County Pr°thonotarv,s Off Civil Case Inquiry ice 2-901-01873 MARSH ROBERT j (ye) MARSH KATHL -'Reference No Pa~e 1 Case Tv~= -.: EEN S Jud~me~ ...... : COMPLAINT _ C ~J.ud~e aS~6~ n USTODY Filed ........ _~_~_sposed D~s6.~ · v0 Time ......... : 3/30/2001 ......... Case Comments ............. Execution Date 08~00 Jury Trial.. 0/00/ 19 · *********************************************** Disposed Dat~[ 0/00/0000 Hi~her _Crt 1.: 1498 MDA2 General Index Hi~her Crt 2.: 001 MARSH ROBET j *************************** 360 STATE ROAD PLAINTIFF Attorney Info ***** GARDNERS PA 17324 ~ DISSINGER MARY A ETTER MAR:~_H KATHLEEN S 11 b_OUTH RIDGE ROAD DEFENDANT BOLLING SPRINGS PA 17007 · Date Entries Page No. ~-~ ~/~o/~oo~~o~~~: 8U~T ~ * ~-~o ~/os/~oo~ ,;..;~;~,;..~-$~; ........ - - - ~Z~ST ~T~ _ _ D~SSZN~a E MA~LZN~ FO~ ............... - - 4/06/2001 .... SQ FOR COMPLA ...... - - - - ORD~~ - -_ .......... PLFF INT IN CUSTO~--- ............... ~~~,~co~? ~~ ...... __ .... '~-- ~ ~ ..... UITE 105 p ~DY CONFE C - IN RE CUSTOD ..... ~OT~c~ ~ co~ ~ _- ~ ~~~.;~~o~ ~z ~ 1-~ 4/24/2001 IES ~ILED GREE ~ ~ 2!~ SENATE - ~ s/z0/~00z 6~~-6 ............ ~~ a-~ .............. ~v~ ~ 5o~T - ~~5 ....... :___~~ ~z~sz~~-~ ................. ....... HESS j _ 5 10 0i - - .......... SQ FOR PL - _ _ ~~-__-: ...... /z~z /~ ~.~ .... :__ '-- .... : ....... ' - ~~iSLEa'l' 9:00 ~ .~TTER ~ST OF C6~- ............... [ IN SET FOR ;SEL FO~ ',~ OF T~ CU ,oz zs c ~v~ A ~, :o~T~ c Zss ~ Cop~ ,~~~ o~ TO 6~~-6~-~6~~-:-6~~5 ~ ~ ..................... comz ~~~ ~ ~ ~ oz _ - ............. ~67oz 8/e~/eooz o~ ............ o~~ ~ ~ ~z~D~~ -- ER OF C, COM O~T _ DA .......... ESsay OLER P~ INT ~ ~EC~ ~R CUSTo~D_~/2 0/01 -J;2z ........ JR j ~ PER' ~ z - u~uN C -- TA~ [OD OF N TH~ ~ ONS ID ............... HE ~uu~T ~ TH~ LO~ING 9/18/2001 ~ ............... J WESLE mr~- _~TTE r.~ ~~ JR j COPIES 9/18/2001 NOTICE ............... A ~~ ~ o~ ~~~ ~o su ............ ~FF:~-Sf~f~6~-~6~-~2~ ........ 9/18/2001 -' ~ FOR PLFFOF PA-~6~-6~6~-~2~26~-:_~__- ...................................... ~/e4/~ooz s[~~zo~ cou~ o~ ~A -o~c~ o~ A~2~~-566~~f ..... P 192:]OVE-0 FIz'ONEF RECO~ ~ TL~T IS DIR2 ' APPEA~-~ ......... ~CTE[ D IN, NO ~ , T~ ~E [ ~ TO 14 D AFTEMENT OF ~T SERVE UPON THPA R AJ WESI - - - OLE~ ~YS 'TERS - ?OPI THIS ...... o ~,~ZLED ORD ~ u~' ON ...... ' 9/25/ ER- BY THE - -- - ....... 01 ~umberland County Prothonotary, 2Q01-D1873 MAR.S Civil Case Inquiry s Office ' ' 'Reference No H ROBERT j (va) MARSH KATHLEE Pa~e 2 Case v~ -.- N S Jud~men~ ..... : COMPLAINT _ C · ~J_.ud~e As.~6'~_~ on USTODY Fi ~ uls os ~n__: .... 1 ____P ed Deco.: ~Tlme.. ' ..... : 3/30/2007 .... Case Comments ~uXre,C.u~t~i_.on.'~~ 0,^^._8_.' 1~ · ..... - ........ Di__~ *z-~.a~.. /uu/oO00 n~aSRING A .... ' ~ ose~ Dat'' _!1:00 AM T_~2_14 SENATE AVErt-- - ~H..l_~er _Crt le.' 0/0~~000 COPIEs MA~~R THE COUR~ ,~.~?_~_S_UITE 10 ~¢~e_r Crt : · 14 98 _2. · 00~ 2__ *~=D 9 2 * ~'~~SS _5 CAM 43-141 9/28/2001 TRANSCRIPT ~~~ ........ EV%f ESQ CUSTOD /9~0_1 AT -- ......... *~~ - BY TH~-~2.-.2_- .......... ~ CI IATOR 9 ....... J --_____________"'"', s ~2_-~ ........ ~ ~/~FF ~m~z~AINED OF-~.~-.-__- ........ 146'Z5810/15/2001 ~F~N_I_O_N PURs~.~-,&-&f-2_- ......._ ox MARY A ETT~ .......... ...... -_~ THE COURT j WESLEY OLER - LAST ENTRY .... *************************************************************** · Fees ,&,Debits EScrow Information .......... · ****** ********************************* End Bal , Beg Bal ***************** tS/Adj CUSTODY AGMT *********************************** TAX ON AGMT 85 00 * SETTLEMENT ' 85 00 ,,, CUSTODY FEE .50 · CUSTODy FEE- CO 5.00 .5 0 .00 JCP FEE 4.00 5.00 .00 APPIEAL 1.00 4.00 · 00 5.00 1.00 .00 MOD FICATION CU 30.00 5.00 · 00 50.00 30.00 .00 ............ 50.00 .00 180 50 - _ · 00 · ************************************************* 766 · 180.50 - End of Case Informat on ************* ******************************************************************************** Pretrial Star, neats & ~hibits * COMMONWEALTH OF PENNSYLVANIA Superior Court of Pennsylvania David A. Szewczak, Esq. Middle District Fulton Building. 200 N. Third Street. 9th Floor Prothonotary Harrisburg. PA 17101 Patricia A. Whittaker November 14, 2001 717-772-1294 Chief Clerk www.superior, court, state.pa, us Mr. Curtis R. Long Prothonotary _.: .~ :--'": ...... -,'"~ Z Cumberland County Cumberland County Courthouse ..... :.:-~' ~'-~.~ 1 Courthouse Square ~c:, -~- , "-~"~-'~ '"'""~ : :---,. t-' "'-, Carlisle, PA 17013 > ~_ '-.'7 ~'-":~, ~"-"""~ -:-.-~' RE: Marsh, R.J.v. Marsh, K.S. No. 1498 MDA 2001 -~ (n.,-, I lo ~ o~ oo I , received from the Superior Court of Pennsylvania, Middle District Office, the certificate of discontinuance of the court, in the above entitled case. Contents of Original Record- Original Record Item Description ["'] Part 1 Return to: Superior Court of Pennsylvania Office of the Prothonotary Fulton Building, 200 N. Third Street, 9th Floor Harrisburg, PA 17101 717-772-1294 Trial Court Docket Number(s) 01-1873 No. 1498 MDA 2001 Robert J. Marsh · v. Appeal from the Kathleen S. Marsh ' Order Entered 8/21/01 Court · of Common Pleas · for the County of Cumberland · No. 01-1873 11/14/01 - The above appeal is hereby withdrawn and discontinued by order of: Attorney for Appellant 11/14/01 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set.my hand and the seal of said Court, at Harrisburg, this 15th day of November, 2001. Chief Clerk David A. Szewczak, Esq. Superior Court of Pennsylvania Prothonotary Middle District Fulton Buildine. 200 N. Third Street. 9th Floor Patricia A. Whittaker Chief Clerk November 14, 2001 Harrisbure. PA 17101 717-772-1294 www. superior, court, state.pa, us Notice of Discontinuance of Action RE: Marsh, R.J.v. Marsh, K.S. Appeal of: Robert J. Marsh Type of Action: Notice of Appeal No. 1498 MDA 2001 Cumberland County Court of Common Pleas Agency Docket Number: 01-1873 The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Party Name Party Type Mary A. Etter Dissinger, Esq. Robert d. Marsh Appellant Robert L. O'Brien, Esq. Kathleen S. Marsh Appellee ROBERT J. MARSH, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA vs. ' NO. 01-1873 KATHLEEN S. MARSH, ' CIVIL ACTION - LAW Defendant ' CUSTODY _OORDER OF COURT Oler, J.- AND NOW, this _ ?_. I~ ~'~ day of November, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's previous Order of August 21, 2001, shall remain in full force and effect pending further Order of Court, or an agreement of the parties. 2. A hearing is scheduled upon Father's Petition to Modify the present Custody Order A hearing is schedul.ed in Courtroom Number 1 of the Cumberland Co _~2/~ day of .~~/~,~,,z_,~..~ ,,,,,,,, _ ... _ unty Courthouse, on the tesbmony will be taken F ' ~-Lat ? ~'~_ o clock, ~,_ m, at which time es of the he-,-~---- -.-- ;-- -- .-.."-:---' ' o,,.g, me t-amer, Not)ed J. Marsh, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT, Dist: Robert L. O'Brien, Esquire, 17 W. South Street, Carlisle, PA 17013 · Mary A. Etter Dissinger, Esquire, 28 N. 32"" Street, Camp Hill, PA 17011 /~ ~ /'}l,~..u~..~._ //.. ~-~-O! ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA vs. · NO. 01-1873 KATHLEEN S. MARSH, · CIVIL ACTION - LAW Defendant · CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel Nicole Marsh December 20, 1988 Mother Alicia Christine Marsh December 20, 1988 Mother Aaron Robert Marsh October 21, 1991 Mother 2. A Custody Conciliation Conference was held on October 31,2001, with the following individuals in attendance: the Father, Robert J. Marsh, and his counsel, Mary A. Etter Dissinger, Esquire; the Mother, Kathleen S. Marsh and her counsel, Robert L O'Brien Esquire. ' · , 3. The parties were seen pursuant to Father's Petition to Modify Custody filed on September 19, 2001. The last Order of this Court was dated August 21, 2001, and is presently on appeal to the Superior Court. No briefing schedule or hearing date has been set as of the date of the Conciliation Summary Report. Father is seeking to modify the present Custody Order as he is of the belief that the Children want to spend more time with him and he wants to be more involved in their lives than the present custodial arrangement permits. Father believes that more custodial time with the Children would be in their best interest. 4. Preliminarily, counsel for Mother contends that the Court of Common Pleas does not presently have jurisdiction of this custody matter with the exception of enforcement of the present Order because the most recent Order is on appeal to the Superior Court. Additionally, Mother will not agree to any changes in the custodial schedule. She claims that she is not hearing from the Children what Father claims to be hearing with regard to their preference to have more time with him. Mother is pleased with the present Order which she believes to provide stability to the Children. She continues to allege that Father is frequently not present for periods of custody that he is provided under the Order and disputes whether he is assisting the Children in having their homework completed during their weekday periods of custody. No. 01-1873 - Civil Term 5. In as much as the part/es failed to reach an agreement with regard to Father s request to resume a shared h si Counsel for · P y ca/custod I , Mother ~s con ' ,.r;,,,. ~.... ~ Y P an, the part/es are in need of a hearing. s~d...,, ,u uu~ nas not decided upon whether to seek a guardian ad litem or separate counsel for the Children. Date Custody Conciliator ROBERT J. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. ' CIVIL ACTION- LAW KATHLEEN S. MARSH, · Defendant ' NO. 01-1873 CIVIL TERM ORDER OF COURT AND NOW, this 22na day of February, 2002, upon consideration of Plaintiff's Petition To Modify Custody, and following a hearing held on February 21, 2002, Plaintiff's petition is denied and the order of court dated August 21, 2001, shall remain in full force and effect. BY THE COURT, ~~ary A. Dissinger, Esq. 28 N. 32~a Street Camp Hill, PA 17011 Attorney for Plaintiff ,.~Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc ,,,.-~...,, ..... . ..... ,..~ ... ........... .. I I ,'.: i:': ' '" /,.C~., ..~ i ...... : ....... . .., . ., , .: .... ROBERT j. MARSH, · IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY PENNSYLVANIA · · KATHLEEN S. MARSH, ' CIVIL ACTION - LAW · Defendant . 01-1873 CIVIL TERM IN RE- CUSTODY ORDER OF COURT AND NOW, this 21st day of February, 2002, upon consideration of Plaintiff,s Petition To Modify Custody, and followin~ a hearin~ held on this date, the record is declared closed and the matter is taken under advisement. By the Court, /~Mary A. Etter Dissinger, Esquire 28 North 32nd Street Camp Hill, PA 17011 For the Plaintiff ~O~~D~~ /Robert L. O'Brien, Esquire ~ 17 West South Street 0 Carlisle, PA 17013 For the Defendant pcb