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HomeMy WebLinkAbout02-0249 SHANE M. LOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 2002- ,J.V'1 CIVIL ACTION - LAW BAMBIE R. LOWER, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Shane M. Lower, an adult individual currently residing at 218 Locust Street, Halifax, P A 17032. 2. Defendant is Bambie R. Lower, an adult individual currently residing at 39 Cold Springs Road, Carlisle, P A 17013. 3. Plaintiff seeks custody ofthe child, Kandice May Lower who was born on March 12, 1999. 4. The child was not born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: 6. The relationship ofthe Plaintiffto the child is that off ather. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Janice Lower Mother Father Michael Lower 7. The relationship ofthe Defendant to the child is that of mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Robin Shenck Father Melinda Young Kandice May Lower Father's girlfriend Daughter .. 8. The parties have participated in previous litigation concerning the custody ofthe child with the Dauphin County Court in May of 1999, but Plaintiff withdrew his Complaint. 9. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: he is best able to provide a stable and nurturing environment for his daughter. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTS ON DEARDORFF WILLIAMS & OTTO BY::~:;ln,.t-::~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: January 15, 2002 . VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ?L~ /(}O r 5tJ 1iflD ~~ - f . (') 0 0 C N -I:, ..",. - "'OeG t- ,-; ~ ;J> !:r1:D ~ S2g1 :z r ~ 0 zC" 'urn 7':: en ~.,. 0:> ::uQ ~"'> 06 d . L_ t: ;.:::0 :no :-..::',i"TI _1.,. ".f"t ~o ::t: C)-..' - \:) >8 C5 7Q ~ ---D oln ~ -I .....0 ~ :ii OQ ;:; ~ \D -< -- -4 - - .r;::. s '" RECEIVEr, 'JAM 15 2002 \ADWr whichever comes first. vIa A. Lopez, Attomey MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 'VINV!\1J..SNN3d AlNno.') OIy\'l~r::18Wna ZZ:/1 NV '1, !/~r 20 'lr.J'r:\''",'_rtir ',' ::'j'l ~o AOV.;l_,:, ......., '..by,:;Jr..:: ~Jl ". _oJ :JJI!:IO-GTii:J SHANE M. LOWER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 02-249 CIVIL ACTION LAW BAMBIE R. LOWER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 22, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Fai]ure 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: Isl Jacqueline M. VernlO" Esq. dfl\;,\ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ]990. 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. Cumber]and County Bar Association 2 Liberty Avenue Carlis]e, Pennsylvania 17013 Te]ephone (7] 7) 249-3166 . ~ ~,~~ jfl: ~ ~ ~l {"t/'- 6~ / # ~ ~ ~/?, '('11-&e-/~ ~ fp- ~ ~4rhv T9 eo.~e'l ~ 'iflN\I^lJ..SNN3d JJNfl08 Ot\,'Vltl38V'l('\Q u: :~ ~ld 64 N\Jr 20 1\1\0110" "",." '1' ;0 ^OV.J.. '1\~'"j;-"l..L\..iiJ::J ::10"1 .-l 38i~~O-C\Ti\;\ SHANE M. LOWER, * IN THE COURT OF COMMON PLEAS Plaintiff /Respondent, * CUMBERLAND COUNTY, * PENNSYLVANIA * vs. * NO. 02 - 249 * BAMBIE R. LOWER, * CIVIL ACTION - LAW Defendant/Petitioner * CUSTODY PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND EMERGENCY PETITION TO STAY CUSTODY ACTION AND NOW, DefendanUPetitioner, Mother, Bambie R Lower, by and through her attorneys, Edward J. Weintraub and Associates files Preliminary Objections to Plaintiffs Complaint and an Emergency Petition to Stay Custody Action and in support thereof avers as follows: 1. Petitioner is the Defendant in the above custody matter and currently resides at 39 Cold Springs Road, Carlisle PA 17032. 2. Respondent is the Plaintiff in the above matter custody matter and currently resides at 218 Locust Street, Halifax, PA 17032. 3. DefendanUPetitioner is the mother of the minor child, Kandice May Lower, who currently resides with Mother at her address. 4. The parties were married on March 5, 1999, only five days before the child's birth, when Plaintiff/Respondent forcibly took DefendanURespondent across state lines to Maryland, where they could be married as Defendant was only 16 years of age at the time. Plaintiff/Respondent threatened that if DefendanURespondent did not cooperate with the Maryland marriage, he would harm her and her family, 5. The parties initially separated only one month after their marriage, when DefendanUPetitioner filed a PFA action on April 12, 1999, due to the repeated verbal, physical and sexual abuse suffered by the DefendanUPetitioner at the hands of Plaintiff/Respondent. 6. On April 21, 1999, a final Protection from Abuse Order was granted to DefendanUPetitioner in Dauphin County, This Order was later rescinded in September 1999. 7, DefendanUPetitioner filed for divorce on September 20,2001, and anticipates finalizing the divorce as soon as possible, as the parties have been separated since January 5, 2000. 8, DefendanUPetitioner believes, and therefore avers, that the Plaintiff lacked standing to file the within Custody Complaint as he is not the natural father of minor child Kandice May Lower. 9. Since January 5, 2000, when Plaintiff was arrested in Texas, the parties have been separated and have not been and intact married couple, 10. DefendanUPetitioner believes and therefore avers that the parties were not in an intimate relationship at the time of conception of the child in June 1998, as Petitioner was currently involved in another intimate relationship at that time with one Jeremy Laubach, whom she believes to be the child's natural father. 11, Plaintiff alleges in his Complaint that he does not know of a person not a party to these proceedings who has custody or visitation rights to the child, even though DefendanUPetitioner told Plaintiff that he was not the natural father of the child and that Jeremy Laubach was likely the father of the child. 12. Plaintiff has failed to notify Jeremy Laubach of the proceedings currently scheduled in this matter, even though he was informed by DefendanUPetitioner that Jeremy Laubach was likely the father of Kandice Lower. 13, A Custody Conciliation Conference is currently scheduled in the above matter for February 22, 2002 at 9:30 a,m, 14. DefendanUPetitioner intends to raise the issue of paternity in this custody matter and in a collateral support action. 15, Since Plaintiff/Respondent has recently been released from the state prison after being incarcerated for a period of approximately two years for receiving stolen property and DUI, he has harassed and frightened DefendanUPetitioner at her home on several occasions since his release, prompting DefendanUPetitioner to seek another PFA in Cumberland County. 16. Respondent has a history of violent and threatening behavior toward both Petitioner and her daughter, Kandice, as evidenced by the prior PFA and numerous contempt proceedings filed in Dauphin County. Wherefore, Petitioner respectfully requests that this Honorable Court issue an interim Order granting sole legal custody and sole physical custody to Petitioner and staying the Custody Conciliation Conference and any further proceedings in this matter until: 1) Jeremy Laubach is notified and joined as a party in this matter; 2) The hearing which Defendant is seeking on her PFA is resolved; 3) Paternity testing is concluded; 4) Plaintiff has completed a psychological evaluation; 5) Such other relief as the Court may Order, Dated: ,;2/;)./ /0 ~ , Resp~~ By: M^ Heather L. Harbaugh, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 VERIFICATION I, Bambie R. Lower, hereby swear and affirm that the facts contained in the foregoing Preliminary Objections to Plaintiffs Complaint and Emergency Petition to Stay Custody Action are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date:-L/Z) j 07- ~iMl,;~a~i~ meR. Lower (") c' t: j>: z " ",--'..- ~:5~ ~l [J') .-.... , ; ~)rb ~~Q. u C;,,! L L,'. ; u... '"',.} .~-1 SHANE M. LOWER, Plaintiff, * * * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. * No. 02-249 * BAMBIE R. LOWER, Defendant. * CIVIL ACTION - LAW * IN CUSTODY ORDER AND NOW, this day of ,2002, in consideration of the within Preliminary Objections and Petition for Emergency Relief, the Custody Conciliation Conference scheduled for Friday, February 22, 2002 and all further proceedings in this matter are stayed until Jeremy Laubach is notified and joined as a party in this matter; the hearing which Defendant is seeking on her PF A is resolved; Patemity testing is concluded and Plaintiff has completed a psychological evaluation and it is Further Order that a hearing on the within Preliminary Objections and Petition is scheduled for , 2002 at o'clock . m. ~ -L.)',\hCl.Jt\S > COP\t5 f')Q,\ed 10e:\Jtr~ o~2~-Q~ ~S BY THE COURT: J. ~ ~~ ~" 041 '\; \-c:t4. -r::s ~..a'lli ,GVJ. ~ ...d/\ "': J /;WI- ~ IM.t pV0l,~ odJl~. :::f+- h '^ vt\Q1, rl> ,.5)A.D. ~ t , . " JJ.Nn~X!;A1j,~V0~t'vno . 80:6 I/;t Zc []]J 20 ,'.."., FEa 2 5 2002 ~ SHANE M. LOWER, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-249 CIVIL TERM BAMBIE R. LOWER, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this \A. day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Conciliation Conference is continued pending the outcome of paternity testing. 2. Counsel for Mother shall forthwith provide counsel for Putative Father information regarding patemity testing. All parties shall cooperate in submitting themselves and the child to the patemity test. Mother shall be responsible for the cost of said test. 3. Upon receipt of the results of said patemity test, either party may contact the Conciliator to schedule another Conciliation Conference. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control cc: Thomas J. Williams, Esquire, Counsel for Father 7 Heather 1. Harbaugh, Esquire, Counsel for Mother Edgar B. Bayley J. L O?\C ~ J1'Io.Jt-ed 'O.3-0Y-O~ L 'P.~S --. ~.-"j . ..J. '.., r ; ), , . .' \. ....... , . 'VltwAlASNN3d ALNnoo ON\flf:!?J8Wna 9S :01 ~I\t ry - i1V~ 20 'LMrr,I""'I'L"'" .cr.',: AClVl,,,-, ,,," . l.....,;....., _" 301:i~O-G:iTJ SHANE M. LOWER, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-249 CIVIL TERM BAMBlE R. LOWER, Defendant/Petitioner : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kandice May Lower March 12,1999 Mother 2. A Conciliation Conference was held in this matter on February 22, 2002, with the following individuals in attendance: The Father, Shane M. Lower, with his counsel, Thomas J. Williams, Esquire and the Mother, Bambie R. Lower, with her counsel, Heather 1. Harbaugh, Esquire. 3. A prior Order of Court, dated February 22, 2002 was entered by the Honorable Edgar B. Bayley, denying Defendant/Petitioner's Preliminary Objections and Emergency Petition to Stay Custody Action. The Court indicated that Patemity is not raised in a Preliminary Objection, but is a merit issue. 4. The parties agreed to the entry of an Order in the form as attached, continuing the Conciliation Conference pending the outcome of a paternity test. ,;2.-?;i- -o.z Date . .' tt- ~/:ney,~ Custody Conciliator F:\FILES\DATAFILE\Gendoc.cur\549261-pra.l Created: 01116/0202:09:33 PM Revised: 05/02/0211:29:15 AM 5492.61 SHANE M. LOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-249 CIVIL ACTION - LAW BAMBIE R. LOWER, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case discontinued and issue a certificate reflecting same. MARTSON DEARDORFF WILLIAMS & OTTO wJi~ By Thomas J. Willi , Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: May 2, 2002 . CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Heather L. Harbaugh, Esquire Law Offices of Edward J. Weintraub & Associates 2650 North Third Street Harrisburg, P A 17110 MARTSON DEARDORFF WILLIAMS & OTTO ~~-!M I\).~ l:J~ D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ Z12cmz.. . ('") C '-1 l~i~! rnri;~' -......_, ...::.- ~...-- ~r'. O)}::-:- -<". r',; <::: J>_.. ~~;, "7 :3 , Cl fV ~~ ::: :!":l. -< I ,.....,) -0 r- :;::) rf: EAST PENNSBORO TOWNSHIP In the Court of Common 'Pleas of Cumberland County, Pennsylvania VS, u,..' !l9Jl~1.I1,lt~Y?_()~___ _.._ n _, u __ _____m.. m Judgment in favor of Plaintiff on _________~u_________ ./ ..___..__________mnh_m____ for f'-~~-~~~- .-------------------------------------------------- No, ___n___ 9.?::~~~!~1.I1_ Tenn, May 21, 2002 Entered ___________ ____ __ __ __ _____________ 2002 ---------------------------------------------------- EAST PENNSBORO TOWNSHIP , , ,,___,,____,______,_______,____________________"_______,__________________________________________ PlaIntiff in the above Judgment, do appc3.r and acknowledge that ON this day have had and received and from ________I1QN~1P__~~J[~9N______________,__________,__"__-----------,-,-----,---------,-,------------- the dc~>endant in the above Judgm~nt) full payment and .~aisfact:ion of the sar.le, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, I , CURTIS R. LONG do hereby authonze and ernpo\ver_____________________________________________________ FOR ME theProthonotary of said Court, to appear _____________u__n__n______nn_____________ and in MY name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as I could were I personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, I have hereunto set our hands and seals this _____~:?________ n____ _ - --- ---------- day of ______________________________~g_~Q~J_________'_~_~~___~~~~~~_~____,____ ROBERT L. GILL (Seal) (Seal) State of Pennsylvania County of Cumberland, } _ _ ___ _n__n __ ,__ _ _ __ _ _ __ _ n___ n_ _n_ _ ___ _ _ __ _ (Seal) Personally appeared before me, the subscriber, .RQBERT-L.._~!LJ,_~_MM!~9.E.]L9J!:_!l~~J,J'!lNN..~.!l_Q~9__~()~~HIP ,_____________,__,___,_____________________,__,_______,----------------------_____,,__,__ the Plaintiff in the above Judgment, and in due form of law acknowledged the vvithin and foregoing Power of Attorney to satisfy the Judg~ ment set forth, to be HIS act and deed, and desir~d that the same sh:dl be filed of record in the office of the Prothon~ otary of the Court of Corrunon Pleas of said County. In testimony whereof, I have hereunto set my hand and seal this _____n__4..~Q._______n____n____n_____nn_ day of ____mn__m_m__m.~!I~12~.:r_______m__m A D, 2004 NOTARIAL SEAL '"if fl r1 ' HELEN M. GRIFFIlH. Notary Public __m_~]r\,<__~'=^J}j) ~~'_n____ East Pennsboro Twp. Cumberland CO. '.~\)T~- My Commission Expires April 18. 2008 (Seal) ~ r ~j i'" \;:; '",- ~j r" ~ ~: "'" --:, - "" \v t .., "'" '" , r (~ I I I I "l 3: t:l 0 ~ '" Z t:l :>> "tI ? CJ) ~ 0 0 OJ H N ~ "" ~ I N , CJ) '" rJl tri "'" , 0 ~ 'D , Z ~ ~ .... ':0<: CJ) ... ~ 'Il> OJ 1;;' :'<: <: 0 ~ 0 t:l , ~ 'N '" 0 ~ :.... H ~ I ,. ;I;- , I ~ '-< 'N ~ '0 , ;::: '0 , CJ) i:l.. :N I '" CICI ~ , H 3 "" I '" z I "" ::: " I ... tri ~ >-<::: N 0 " 0 N SHANE M. LOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BAMBIE R, SHENCK, Defendant NO, 02-0249 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of December, 2004, the caption of the case is adjusted to reflect the mother's/defendant's current name of Bambie R. Shenck. By the cou,:/ U---; Edgar B. Bayley, J. Anthony T. McBeth, Esquire For Plaintiff Heather L. Harbaugh, Esquire For Defendant /~ ,/YY'~ 1;1. ./7-0<( ~ prs ,\ L D\ i,t. " "-'J ,.Ct:] f ~ I~~ \ :' ~.~l ~r ill ~. \. " ..L ~_..... . . SHANE M. LOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BAMBIE R. LOWER, Defendant NO. 02-0249 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on December 15, 2004, in Courtroom Number Two. APPEARANCES: ANTHONY T. MCBETH, Esquire For the Plaintiff HEATHER L. HARBAUGH, Esquire For the Defendant . . INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS l. Carol Holly 4 12 2. Patrolman Ralph Smith 16 20 3. Shane M. Lower 21 35 46 FOR THE DEFENDANT l. Bambie R. Shenck 47 64 68 2 . Richard L. Stine 74 2 . . 1 December 15, 2004, 10:20 a.m. 2 Carlisle, Pennsylvania 3 (Whereupon, the following proceedings 4 were held:) 5 THE COURT: Is this a petition of father to 6 hold mother in contempt of an order of October 29, 2004? 7 MR. MCBETH: That's correct, Your Honor. 8 THE COURT: Proceed. 9 MR. MCBETH: Your Honor, I'm going to call a 10 couple of our non -- well, our two nonparty witnesses 11 slightly out of order if I may so that they can leave 12 earlier. 13 THE COURT: That's okay. 14 MR. MCBETH: Thank you. Let me do it this 15 way. First, if I may, let me just introduce as an exhibit a 16 copy of the October 29 order. 17 (Whereupon, Plaintiff's Exhibit No.1 was 18 marked for identification.) 19 MR. MCBETH: Our first witness will be Carol 20 Holly. 21 Whereupon, 22 CAROL HOLLY, 23 having been duly sworn, testified as follows: 24 25 3 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MR. MCBETH: Q Ms. Holly, thanks very much for coming today. Can you state and spell your last name for the record. A Carol Holly, H-o-l-l-y. Q And are you employed, ma'am? A Yes. I'm employed by the Carlisle Area School District, building principal at Mount Holly Springs Elementary School. Q Is Kandice Lower enrolled at your elementary school? A Not at this time. She was withdrawn, I believe it was, November 2nd if I'm not mistaken. Q Of this year? A Um-hum. Q But she was a student at your school prior to that? to her. Lower? A Yes, she was. Q Do you know Kandice's mother, Bambie Shenck? A I certainly have met Mrs. Shenck and spoken Q And do you know Shane Lower? A Yes, I have met Mr. Lower. Q Under what circumstances did you meet Mr. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A He had come in to talk to me about the situation with his daughter, if I'm not mistaken, questioned me as to, I believe, whether, you know, she was in school and had some concerns about her attendance, wanted to know where he stood in terms of his rights as far as the school was concerned. And I at that point indicated that we had no paperwork related to custody, and, of course, according to Pennsylvania law, both parents had the same rights at that point. Q Okay. A And encouraged him to produce something, and, you know, I had the same conversation basically with the parent as far as the -- or the mother as far as the paperwork was concerned. Q And you subsequently did receive a copy of the October 29 order that I just introduced? A No. THE COURT: She doesn't need the order. MR. MCBETH: I was just going to give it to her for her records. All right. BY MR. MCBETH: Q Ms. Holly, I'm going to ask you to identify a few documents, if I may. THE COURT: I want you to make an offer as to how this witness' testimony is relevant here on this 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . issue of contempt. Just make an offer so I know what is coming. MR. MCBETH: She is going to authenticate a couple of excuses, the paper that says that Kandice is in home schooling and a letter of concern for Kandice's -- THE COURT: MR. MCBETH: How does this relate to contempt? Shane can't find Kandice. She's never at school, and now she's been withdrawn and there's also -- THE COURT: What is the allegation of contempt as far as this witness' testimony goes? MR. MCBETH: Well, Kandice is not in school. THE COURT: We know that. MR. MCBETH: Shane can't find her. THE COURT: We know that she is withdrawn. MR. MCBETH: Okay. On the bottom of one of the excuses is handwriting that I understand to be from Mrs. Holly stating that Bambie Lower told Mrs. Holly that Shane was not authorized to see Kandice until November 20 which is in direct violation of the terms of the order. THE COURT: Okay. Go ahead. Get that in. (Whereupon, Plaintiff's Exhibit No.2 was marked for identification.) BY MR. MCBETH: Q Mrs. Holly, I'm going to show you what's 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 1 2 3 4 5 6 marked as Plaintiff's Exhibit 2, and I'm going to ask if you can identify it? A Yes. Q And what is that? A It's our standard absence excuse. Q For Kandice Lower? 7 A Urn-hum. Q And there's some handwriting at the bottom -- A Right. Q -- of that copy, is there not? A Yes, there is. Q Is that your writing? A Yes, it is. It's in reference to a message that was left by Bambie Shenck on October 29th. She had talked to one of the assistants who was covering our office and -- MS. HARBAUGH: Your Honor, I'm going to object. That's hearsay testimony. THE COURT: Overruled. THE WITNESS: Indicating that Shane Lower may not pick up Kandice before November 20th and only Tuesdays after that, will bring custody papers as soon as she gets them. MR. MCBETH: Very good. Thank you. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . (Whereupon, Plaintiff's Exhibit No.3 was marked for identification.) BY MR. MCBETH: Q I'm going to show you Plaintiff's Exhibit 3, and I'm going to ask you whether you can identify that? A This is our standard letter, the point at which a child accrues ten absences, simply alerting the parent of that fact and encouraging them to insure that the child is in school if indeed he or she is not ill. As I said, it's the standard letter we use in the district. Q And that's -- this particular copy is directed to Shane Lower? A A copy went to Mr. Lower. A copy went to Mrs. Shenck. Q Very good. And the date of the letter is November 3. You say that the letter is triggered at the tenth absence? A Right, yeah. Again, my secretary periodically checks the attendance, and at the point which again it indicates that there had been ten or more absences at that point we send a letter. Q Do you have a particular recollection as to absences on or after October 29, 2004? A There was one on -- 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MS. HARBAUGH: Your Honor, at this point I'm going to inquire as to what the witness is referring to. THE COURT: Let her answer. Withdrawn on 11/2. Find out what happened from 10/29. THE WITNESS: Okay. On the date of 10/29, mother submitted an excuse indicating that Kandice would be absent for a half day in that mother was in the hospital, needed to go to the hospital, I don't know, for tests, but that Kandice would be out of school for part of that day. And then on November 1st I have an excuse indicating that she was absent again the 1st due to a physical, and that on the 2nd of November, which was a Tuesday, she should be dismissed at 2:45 and that mom had an appointment with a doctor and needed to take Kandice with her. I'm assuming there was no one to provide child care at the point which Kandice arrived home. BY MR. MCBETH: Q But Ms. Shenck did not give you any detail in that regard? A No. Q Okay. And then I believe you had said a moment ago that Kandice was withdrawn from school on November 2? A She was formally withdrawn on November 15th. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . My secretary did go through and provide me with specifics. Do you want me simply to review these with you? Q By all means. THE COURT: What was the last day she was in school? THE WITNESS: Kandice did not return to school after she was picked up early on the 2nd of November. THE COURT: Formally withdrawn on the 15th? THE WITNESS: And formally withdrawn on the 15th, at the point in which Kandice's mother came to school and indicated that she would not be returning to Mount Holly, that she had decided to home school Kandice. BY MR. MCBETH: Q And that was a face-to-face conversation? A With my secretary. (Whereupon, Plaintiff's Exhibit No.4 was marked for identification.) BY MR. MCBETH: Q And then I'll just briefly ask you to identify this so it's in the record. A This is the information change notice, a district report that we file, at the point at which there is a change of any nature related to the child, change of address, change of phone number, withdraw, transfer to another school. This is simply indicating that as of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . November 15th Kandice was being withdrawn from the school district, and the parent had made the decision to home school her. THE COURT: What is that exhibit number? MR. MCBETH: Four. BY MR. MCBETH: Q Did you have any conversation with Shane Lower in regard to the home schooling? A I don't recall that I did. Q Okay. So as far as you know, that was a unilateral decision by Ms. Shenck? A As far as I know. Q What is the last address that you have on file at the school, if you know, for Kandice Lower? A It would be what was reflected on what you just shared with me, 18 Park Street, Mount Holly Springs. Q And at this point, inasmuch as Kandice is not in school, you really don't know whether that's still correct? A No. MR. MCBETH: If I may confer with Mr. Lower briefly. Ms. Holly, thank you very much. THE COURT: Questions. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . CROSS EXAMINATION BY MS. HARBAUGH: Q Good morning, Ms. Holly. A Good morning. Q My name is Heather Harbaugh. I represent Bambie Lower. And before we go any further, if you could tell me exactly what you brought with you today that you were testifying from earlier. A My secretary made copies or provided me with copies of all of the excuses that had been submitted by Ms. Lower, a copy of the letter of concern that went out at the point in which she accrued the ten absences, a copy of the message taken by the instructional assistant, and a copy of the withdrawal information. Q Just so the record is clear, your recollection is that she was formally withdrawn on November 15th not on November 2nd? A That's correct. Q Do you have a recollection as to what the date of the visit was that you had with Mr. Lower? A Mr. Lower came in on November 2nd, 2004. He came in indicating that he was going to be picking up Kandice, but at that point Kandice had already been picked up by her mother at 2:45 as per her instructions. Q And was that the date that you had this 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . conversation that you testified to with Mr. Lower? A No. I don't believe I talked to Mr. Lower at that point. I may have talked to you. I know he was in again to go through Kandice's cumulative file, and I was not present at that time. Q You weren't present when he came in the second time then to go through her file? A I was in the building, but my secretary took care of that, made the copies that he requested, et cetera. Q And at the point when you did speak with Mr. Lower on November 2nd, you did inquire as to whether or not he had a copy of the custody order -- A Yes. Q -- to release the child? A Yes. Q And what did you provide him with as far as suggestions about making it easier for him to pick up the child? A That he needed to provide me with the paperwork that would allow him to do that. Q Before today, had you been provided or seen a copy of any custody order? A No, nothing. Q After November 2nd, did you have anymore 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . conversations directly with Mr. Lower? A I don't believe so. I think the next time he came in again was to review the contents of the cumulative file. Q And after that visit, did he make any additional visits to the school? A Not to my recollection. Q Did he make any additional calIs to the school? A Again, not that were brought to my attention. Q Now, I just want to be clear as far as I believe what has been marked as Exhibit No. 1 for the petitioner. The handwriting at the bottom, that is your handwriting? A Yes. Q And that was based upon a message that your secretary had given to you? A That an instructional assistant who was covering for my secretary had taken, yes. Q Is that something where she would have recorded the specific message on a piece of paper? A Yes, I have that. Q And you do have that? A Um-hum. Q So this was simply a transcription from 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . another log? A Just to insure that I had accurate information on that particular absence. Q But just to be clear, you didn't speak directly with Mrs. Lower? A No. Q Did you have any further conversations with Mrs. Lower with respect to the date that's noted here of November 20th, 2004, and whether, in fact, that was a correct date or not? A I'm sorry, what was the date, November 2nd? I'm sorry, please repeat that question. Q Sure. Your handwriting at the bottom here has the date November 20th, 2004. A Urn-hum. Q Did you have any subsequent conversations with Bambie regarding whether or not that was a correct date? A I don't believe so, that there was ever any question about the date. Q If that had been a conversation, would you have record of that in your file? A I believe I would have because obviously I knew that this was not a good situation and that chances were good that I would be called to testify. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q In your file, do you have any information as far as how Kandice was as a student at your school? THE COURT: How is that relevant on contempt? MS. HARBAUGH: Just showing that the child was stable in the school and was not THE COURT: It is not relevant. The mother removed her. BY MS. HARBAUGH: Q Did Mrs. Lower provide any information to you regarding the home schooling? A No. She, in fact, had spoken, I believe, to my secretary about that. MS. HARBAUGH: That's all I have, Your Honor. THE COURT: You may step down. You may take your records, but leave all those exhibits with the stenographer. You are excused. Next. MR. MCBETH: Thanks very much, Miss Holly. Patrolman Ralph Smith. Whereupon, PATROLMAN RALPH SMITH, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. MCBETH: Q Officer, thank you for coming today. Can you state your name for the record, please. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. I'm patrolman Ralph Smith. Q And, sir, where do you work? A I'm a full-time police officer with Mount Holly Springs Borough Police Department. Q Mount Holly Springs here in Cumberland County, obviously? A That's correct. Q At some point did you have contact with Shane Lower regarding custody of his child? A On November 9th, 2004. Q Can you please explain for Judge Bayley how that came about. A I was contacted by our county dispatcher to make a phone calI to Shane Lower in reference to his daughter not being in school. Q And what did you do in response to that telephone call? A I spoke to Mr. Lower in reference to that, and that he had concerns trying to locate his daughter and Bambie, and according to the conversation she lived at 18 Park Street. Q In Mount Holly? A In Mount Holly Springs. Q What did you do as a result of that conversation? 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A After the conversation -- after our telephone conversation ended, I went over to 18 Park Street where Bambie and Kandice were supposed to be living. When I arrived there the first time, there was no one home. Then later on -- then I returned Shane's telephone call back to him and advised him that Kandice or Bambie was not at home. There was no one home. And then a couple hours later I returned and there was two young females at the trailer, and the one was supposed to be her sister. And I was told that Bambie and Kandice was not there, and they haven't seen either of them for a couple days. Q And all of these trips that you made were on November 9th? A Yes. THE COURT: Did you ever locate the mother and child? THE WITNESS: No, I did not, Your Honor. (Whereupon, Plaintiff's Exhibit No.5 was marked for identification.) BY MR. MCBETH: Q Patrolman, I'm going to show you what's been marked as Petitioner's Exhibit 5, and I'm going to ask you if you can identify that. A That's my daily log sheet from November 9th, 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 2004. Q When you say daily log sheet, is that produced in the regular course of business of the police department? A Yes. THE COURT: What are you introducing this for? What do you want this for, counsel? He went there. He can't find them. He hasn't found them since. What else do I need to know? MR. MCBETH: All right. Let me do it this way then. BY MR. MCBETH: Q Now, you did state that these log sheets were produced in the regular course of business at the police department. THE COURT: Wait a minute. What is the relevancy of these log sheets? MR. MCBETH: Pardon? THE COURT: MR. MCBETH: What is the relevancy of this? This one is for a different incident that Officer -- that Patrolman Smith did not participate on, but it's produced in the regular course of business. That officer was not available. THE COURT: To show what? MR. MCBETH: To show another frustrated 19 . . 1 attempt by Shane to go to the house as the order provided 2 with Bambie and Kandice not being there. 3 THE COURT: Look, I know. Counsel's already 4 told me. Everybody knows he hasn't been able to find the 5 child. That's all superfluous. Anything else? 6 MR. MCBETH: No. 7 8 9 10 11 12 13 CROSS EXAMINATION 14 BY MS. HARBAUGH: 15 Q Sir, can you tell me at the time that you met 16 with Shane Lower did he provide you with a copy of a custody 17 order? 18 A I never had physical contact with Shane. It 19 was over the telephone, that was it. 20 Q To your knowledge, was your department 21 provided with a copy of a custody order? 22 A No. 23 Q So without a copy of the custody order it 24 would be difficult to tell when periods of custody were to 25 occur for Mr. Lower? THE COURT: Any questions? MR. MCBETH: No, sir. THE COURT: I didn't ask you. I asked defense counsel. MR. MCBETH: I'm sorry. MS. HARBAUGH: Just a few, Your Honor. 20 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 1 THE COURT: He doesn't know and has never 2 seen the order. Next question. 3 MS. HARBAUGH: That's all I have, Your Honor. 4 THE COURT: You are excused, sir. S THE WITNESS: Thank you, Your Honor. 6 THE COURT: Next. MR. MCBETH: Thank you, Officer Smith. Shane Lower. Whereupon, SHANE M. LOWER, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. MCBETH: Q Shane, you are the plaintiff in this proceeding, are you not? A Yes. Q And you're the father of Kandice Lower? A Yes. Q And, in fact, this past summer -- well, let me back up. You're listed on the birth certificate as her father, correct? A That's correct. Q This past summer Ms. Shenck demanded, did she not, that you submit to genetic testing to determine if you were Kandice's father? 21 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A That's right. Q And you did that? A Yes. Q And prior to that she had requested -- Ms. Shenck had requested that venue be switched from Dauphin County to Cumberland County, correct? A Yes. Q And the Dauphin County proceedings started well, we had a conciliation in March of this year, correct? A Yes. Q So that venue was changed, and then Ms. Shenck denied your paternity, is that correct? Do I have the chronology right? A Yes. Q And you did submit to the genetic testing? A Yes. Q And the genetic testing showed that you were Kandice's father? A That's correct. Q And it was after that that we held conciliation with Melissa Greevy, correct? A Yes. Q And it was as a result of the conciliation that the October 29 order was spawned, is that correct? 22 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A Yes, that's right. Q Very good. At that conciliation you revealec your address and telephone number, did you not? A Yes, I did. Q And I said it too, did I not? A Yes. Q And, in fact, we exchanged that information, Ms. Harbaugh and I and Ms. Shenck and you, correct? A Yes. Q AIl in Ms. Greevy's presence? A Yes, that's right. Q Very good. Now, do you have a copy of the order, the October 29 order? A Yes, I do. Q Do you have it with you? A I don't have it up here with me. MR. MCBETH: Your Honor, if I may just give him a copy so I can take him through it. THE COURT: Well, I got it in front of me. I know what it says. I just wanted I know what it MR. MCBETH: Well, I know. THE COURT: Elicit facts. says and what is ordered. MR. MCBETH: I understand, but I just wanted to take him through it chronologically. 23 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . BY MR. MCBETH: Q Now, first of all, let's get to this home schooling issue. Were you ever informed that Kandice was going to be home schooled? A No. Q How did you find out? A I believe on November 16th I placed a call to I believe her name is Kathy -- I'm not sure of her last name -- at the elementary school. And she had told me that they had withdrawn my daughter from school, and that there was a note on there that Bambie was to home school the child, that she had decided to home school the child, and that they had to withdraw her from there because of her absences. That's when I found out, November 16th when I spoke to the secretary at Mount Holly Springs. Q Bambie had not consulted you with respect to that prior? A No, no. Q Now, the conciliation obviously was before October 29, correct? A Yes. Q Now, the order provides for three two hour visits by October 28, 2004 -- A Yes. Q -- right? Do you have your copy there? 24 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A Yes. Q Tell the Court what happened with respect to those visits. A I was actually on my way to the first visit, which I believe was on the -- I'm not sure of the date, but the first visit, the 22nd or the 23rd of October. But I was on my way to the visit at Kelly Snyder's house, which is Bambie's cousin, and I was trying to reach her to get directions there, and I couldn't get an answer. So I called Bambie's residence and -- yeah, I called Bambie's residence, and she had told me that the visit -- no, I had called your secretary, that's correct. I called your secretary, and she had told me that they had gotten a fax from Bambie's attorney stating that the visits were now going to take place at Bambie's residence at 18 Park Street, Mount Holly Springs. So I then went there for my first visit. Q And what happened when you were there? A Bambie had left when I got there -- well, when my mother and I had gotten there and Bambie was leaving, she said some things to me and then she left. And I believe it's her boyfriend, Richard Stine, he was there, and Kelly Snyder was there. And I went into the house, and we had a visit with my daughter. Basically I spent some time with my 2S 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . daughter. She didn't -- she was obviously a little shy at first and going up -- running up to Richard Stine, calling him dad and hugging him and stuff because she was nervous or whatever. THE COURT: When is the last time you had seen this child before this? THE WITNESS: I believe, if I'm not mistaken, it was December 23rd of 2002. It was right before Christmas of 2002. THE COURT: Keep going. BY MR. MCBETH: Q You had mentioned that your mother was with you. A Yes. Q Why was that? A Just as a witness to protect myself. Q From what? A I'm not trying to start any trouble, but just because there's constantly lies about me, accusations that I've done things or threatened Bambie in some kind of way, and I wanted someone there to collaborate my story besides Bambie's family or boyfriend or whoever happened to be there. Q And, in fact, I advised you to take an adult with you, didn't I? 26 . . 1 A Yes, you did. 2 Q So is there anything else about that first 3 visit that you feel you should tell the Court? 4 A Towards the end of the visit -- excuse me. S Towards the end of the visit, my daughter had asked me to 6 make her, like, a paper hat and she -- I asked her if she 7 had any tape. She went out to the kitchen to get tape and 8 she said -- she said I'll -- she said, I'll be right back. 9 She said, whatever you do, don't come out in the kitchen. I 10 said, okay. 11 So she went out in the kitchen to get the 12 tape, and she came back, at which time she went up to 13 Richard Stine because he gave her like a -- he looked at 14 her -- I don't know how to describe the look without being 15 accusing. But he was looking at my daughter, and she ran up 16 to him and said, dad, I didn't -- I just didn't want him to 17 see the camera, at which time she came back to me and said, 18 sorry about that. There's just something very, very 19 important in the kitchen that you can't see. 20 Q So what did you do in response to that? 21 A I looked into the kitchen upon returning 22 things to Mr. Stine that we had used during the visit. I 23 had went out into the kitchen -- or into the doorway of the 24 kitchen and looked on top of the microwave and saw a video 25 camera there. 27 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . Q Was it running? A I could only assume that it was running. It was taped in a cardboard box with the lens sticking out. Q How did you know it was a video camera? A Just because I could see the front of it, and because my daughter had said to Mr. Stine that I didn't want him to see the camera. That's the only reason that I had any clue it was there is because of what my daughter had said. Q Did you get your full two hour visit at that time? A Yes, that time I did. Q Now, did you have a subsequent two hour visit? A Yes. Q When about was that? A October 25th, 2004. Q How did that go? A Wel1, it went pretty well until the very end. The camera was still there, obviously, but it went much better than the first one. Mr. Stine actually removed himself from the room so as not to interfere with the visit, but towards the end of the visit Bambie came back in. THE COURT: Was Kel1y Snyder there? THE WITNESS: Yes, she was. Bambie actually 28 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . came in before -- prior to the end of the visit, and my daughter just abruptly stopped any interaction with me at all. So then I had said good-bye and then left. BY MR. MCBETH: Q Was your mother with you that time? A No, my sister was with me. Q Did you get your full two hour visit? A Give or take five or ten minutes. Q Before I forget, you had said that at the beginning of the first visit Bambie said something to you when she was leaving. A Yes. Q What did she say? A Really not -- I wouldn't really like to use the language that she used. THE COURT: Just tell me what she said. THE WITNESS: She said, who in the fuck is this, and some other things, like, yelling when I was in the car with my mother in the driveway relating to who was in the car with me, like, why was my mother there with me. BY MR. MCBETH: Q Now, did you have a third two hour visit? A Yes. Q When was that? A october 26, 2004. . 29 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . Q And that was also at Bambie's house in Mount Holly? A Yes. Q How did that go? A My sister had went with me again. When we first got there, everyone had been outside. Q When you say everyone, who do you mean? A I'm sorry. Actually, when we got there, I waited for someone that was there -- I don't know who it was -- that was leaving. And then my sister and I had pulled in the driveway after Bambie had left. I waited for Bambie to leave, and then we pulled up to the driveway. And Richard Stine and Kelly were outside of the trailer, and Kelly told me that because of something Bambie said to her that she didn't feel safe or she didn't feel comfortable with me being in the house and having my witness there, having my sister and I in the house alone. Basically they told me that Bambie told them that she refused to allow my sister into the house, and that Richard Stine had to be there during the visit and Kel1y Snyder and only I was allowed to go in, that she didn't feel comfortable with facilitating the visit between my daughter and I unless there was other people there, something to that effect. Q So did the visit occur? 30 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . A Yes, it did. Q Did you get your full two hours? A No. Q How long were you there? A I was there for about 25 minutes with my sister in the driveway speaking to Richard Stine and Kelly Snyder trying to reason with them that I just wanted to spend time with my daughter, and eventually they allowed me into the residence to see my daughter after about 25 minutes. Q Okay. You said the whole thing took about 2S minutes. So what happened after you got to see Kandice? A I'm sorry, what's that? Q Well, you had said a moment ago -- THE COURT: After about 2S minutes you saw the child. Is that what you are telling me? THE WITNESS: Yes. THE COURT: Then did it go okay? THE WITNESS: Yes, it went fairly well. BY MR. MCBETH: Q So how long did you get to see Kandice? Maybe I misunderstood your last answer. A About an hour and a half. Q Very good. Now, can you briefly explain for Judge Bayley how it came about that Kelly Snyder got 31 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . involved? A During our October 18th conciliation, Bambie and I had agreed that -- we were trying to find a neutral party for the visits to take place, the first few visits, and we had agreed that her cousin Kelly Snyder would actually facilitate the visit at her home for the first three visits, which would be the three visits before the 28th, and if for some reason she couldn't do it or I wasn't -- if for some reason Kelly Snyder couldn't facilitate the visits at her home, they were to be at my parents' house, Janice and Mike Lower. That was the agreement from the conciliation. That's how Kelly Snyder got involved. Q And your parents' address is the same as yours? A Yes. Q So that was how -- that was one way how it came about that you disclosed your address in conciliation? A Yes. Q And, in fact, Bambie was demanding that these visits take place at the YWCA, correct? A That's correct. Q And when pressed about it she THE COURT: Wait. Wait. The order is what 32 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . came out of conciliation. It is the order for which she is being adjudicated in contempt. MR. MCBETH: But I'm offering this to show a pattern of bad faith and any action she could think of to -- THE COURT: Not acceptable. I am dealing with contempt. I am not dealing with custody. MR. MCBETH: Very good. All right. BY MR. MCBETH: Q Then getting back to the October 29th order, Shane. A Yes. Q You've had the first three visits. Now, you see at the beginning of the second page it talks about evening visits beginning November 2 and then visits on Saturdays beginning November 6, et cetera. A Yes. Q And some other provisions. A Yes. Q Have you received any visit on or after November 2, 2004? A No. Q What efforts have you made to try to receive those visits? A I've went to the school on a couple different 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . occasions. I went to Bambie's, I'm assuming her old residence, to pick up the child. I had took an officer with me on the first Saturday visit. November 2nd I went to pick up my daughter for my first Tuesday visit, and Bambie and Richard Stine were putting my daughter into the car. That was the day that she signed her out of school for whatever reason. So I left them leave, and that's when I went in and had a conference with the principal. That was to be my first visit. And then I had called the school every day after that to see if my daughter had returned to school yet, and she hadn't. I never actually drove the entire way to the school after that point because I had either received a call from Miss Holly or her secretary, or I had placed a call to the school and found out that my daughter was not in school yet, that she had never returned from that early dismissal or whatever. Q On November 2? A Yes. Q The same one that Ms. Holly testified about? A Yes. Q Did you make other efforts to -- THE COURT: Well, have you ever found her? THE WITNESS: No, I haven't. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . THE COURT: I understand that. You have not gotten any of the time with her that is set forth in B, C, and D on that page, right? THE WITNESS: That's correct. THE COURT: Next question. BY MR. MCBETH: Q You have a conviction for receiving stolen property, correct? A That's correct. Q But you're telling the truth here today? A Yes. MR. MCBETH: Thank you. That's all I have. THE COURT: Cross. CROSS EXAMINATION BY MS. HARBAUGH: Q Shane, you just testified that you went to the school on several occasions and you called there on several occasions, isn't that right? A That's correct. Q And at any point did you provide them with a copy of the custody order, of the October 29th order? A No. My daughter had never returned to school there. Q I didn't ask you that. I asked you did you provide 35 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A No. THE COURT: He said no. Next question. BY MS. HARBAUGH: Q Isn't it true that upon seeing my client on November 2nd you proceeded to follow her at a high rate of speed with your vehicle? A That's not correct, no. Q Did you ask the school to have records provided to you showing that you called every day as you just stated? A No, I did not. Q Do you know what Kelly Snyder's address is? A No, I don't. Q So previously when you testified that you were on your way to Kelly Snyder's home, you were on the way to somewhere where you didn't know what the address was? MR. MCBETH: Objection. THE COURT: Sustained. It is not relevant. He saw the child for the three periods required in the order at the mother's home. BY MS. HARBAUGH: Q Do you have a copy of the custody order up there, Shane? A Yes, I do. 36 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . Q I want to direct your attention to paragraph two, subsection A, sentence number three beginning with however. However, in the event that Miss Snyder is not available for any or all of the three visits, these visits may occur at the home of the paternal grandparents Janice and Mike Lower. Would you agree with me that that does not say they must occur? THE COURT: It says what it says. Now, come on. Elicit facts. Ask a question. BY MS. HARBAUGH: Q Your position today has been that my client has attempted to delay this, and by being in contempt of the current order as you understand it that's just another delay tactic, is that right? A That's correct. Q You would agree, however, that you have filec four separate actions for custody in the past, is that correct? MR. MCBETH: Objection. THE COURT: Sustained. Were you two married? THE WITNESS: Yes. THE COURT: When were you married? THE WITNESS: We were married March 5th of 1999. THE COURT: When did you separate? 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . THE WITNESS: April of 1999. THE COURT: April. Are you divorced yet? THE WITNESS: Yes. THE COURT: When was the divorce, if you know? THE WITNESS: I don't know offhand. THE COURT: Counsel. MR. MCBETH: Your Honor, I think it was sometime in 2000, but I'm not entirely sure. MS. HARBAUGH: I believe it was in 2002, Your Honor. I was not handling the case at the time. THE COURT: 2002, sir? THE WITNESS: Yes, that's about right. THE COURT: I got the background. Go ahead. BY MS. HARBAUGH: Q Shane, you did complete the paternity testing as you testified previously, but that was not the first time that you had been required to participate in paternity testing, is that right? MR. MCBETH: THE COURT: Objection. Sustained. He is the father of the child. BY MS. HARBAUGH: Q The action that was the result of the Cumberland County action you testified came from Dauphin 38 . . 1 County, is that right? 2 A Could you repeat the question, please. 3 Q The reason that we ended up in Melissa 4 Greevy's office in October for the current order was as a S result of it being transferred from Dauphin County, is that 6 right? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S A Yes. Q Now, you mentioned that you had received a conviction for receiving stolen property. A That's correct. Q And what was the result of that conviction? Objection. Sustained. MR. MCBETH: THE COURT: BY MS. HARBAUGH: Q Was there a period of time where you were incarcerated that you were not able to have visits with the child? MR. MCBETH: Objection. THE COURT: Sustained, not relevant. BY MS. HARBAUGH: Q When you provided your address and telephone number at the conciliation conference, you provided your parents' address, is that correct? A Yes. Q And is part of the reason that you're living 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . there was that as a requirement after you were released? A No. MR. MCBETH: Objection. THE COURT: He said no. Is that where you were living, sir? Is that where you were living at the time of the conciliation? THE WITNESS: Yes. BY MS. HARBAUGH: Q Sir, you explained that you had taken your mother and your sister or sisters to different visits that were held at the home of my client, is that right? A Yes. Q And you would agree, however, that they are not part of the custody order, is that right? A Yes. Q And, in fact, at the time of the conciliation there was no discussion about you bringing a third party to the visits, was there? A No. Q You testified something about a video camera being in the location of these supervised visits. THE COURT: I don't care about the video camera. It is not relevant on this case. BY MS. HARBAUGH: Q Sir, can you tell the Court why is it that 40 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . 1 since your child was born in 1999 this is the first time 2 that you've actually -- you've actually had any visitation 3 with her? 4 MR. MCBETH: Objection. 5 THE COURT: Sustained. 6 BY MS. HARBAUGH: Q Sir, do you currently have a valid driver's license? MR. MCBETH: Objection. THE COURT: Overruled. THE WITNESS: Yes, I do. MS. HARBAUGH: Your Honor, I would request that he provide that to us simply for the purpose that he will be transporting the child, and he did have a previous license suspension. THE COURT: It is wonderful to hear that maybe there's some long-term resolution to this matter. If necessary at the end, we will verify it. BY MS. HARBAUGH: Q Shane, did you make any phone calls to Bambie on November 2nd? A Yes. Q Did you leave a message? A Or no, no. Yes, I made a phone call. No, I did not leave a message. 41 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . Q Did you calI on November 6th and leave a message? A No. Q Did you call on November 9th and leave a message? A No. Q How about November 13th? A I'm actually not sure what days I called there without my notes. I have written down when I made phone calls to Bambie's house. Q And, in fact, it is true that you never left a message at Bambie's house? A That's not correct. Q You did leave a message? A Yes, I have left messages at her house, not on those days. Q But you don't know when that was? A Not offhand, no. Q Sir, is it not true in the past that the Dauphin County Court had ordered you to attend batterer's counseling? MR. MCBETH: Objection. THE COURT: Sustained. MS. HARBAUGH: Your Honor, if I may speak on that total topic. I would think that -- 42 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . THE COURT: How is it relevant on contempt? Go ahead. MS. HARBAUGH: It is relevant because that very issue goes to the intent and the reason for my client and the actions that she did THE COURT: I haven't heard boo from her yet. After I hear from her, if I think I should allow that questioning of him I will allow it. MS. HARBAUGH: Thank you, Your Honor. THE COURT: But not at this stage. BY MS. HARBAUGH: Q Sir, can you tell me what kind of vehicle you are driving? Objection. Go ahead. It's a 1988 Honda Accord. MR. MCBETH: THE COURT: THE WITNESS: BY MS. HARBAUGH: Q A 1988 Honda Accord? A That's correct. Q Is it a particular color? A Gray. THE COURT: Are you employed? THE WITNESS: Yes, sir. THE COURT: What do you do? THE WITNESS: Actually, I have an 43 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . apprenticeship with the union that does entertainment. It's the IATSE union. THE COURT: You are an apprentice with? Tell me the name of the union. THE WITNESS: IATSE. THE COURT: Tell me what that is. THE WITNESS: It's the union of theatrical stage hands. We work for theater and entertainment. THE COURT: Is that what you do? THE WITNESS: Yes, it is. THE COURT: Go ahead. BY MS. HARBAUGH: Q You've mentioned previously that the reason that you took people with you to these visits, your mother and your sisters, was something along the lines of Bambie had made allegations that you threatened her, is that right? A That's correct. Q In fact, a lot of those things were discussec during the conciliation, isn't that right? A Yes. Q And at that time my client did indicate to you, Attorney McBeth and Melissa Greevy that one of her fears was of these threats, is that correct? A Yes. 44 . . 1 Q And there was some discussion about past 2 physical violence at the time of the conciliation, is that 3 correct? 4 MR. MCBETH: Objection. S THE COURT: Was there some discussion about 6 that? 7 THE WITNESS: Yes. 8 THE COURT: Okay. I got it. 9 BY MS. HARBAUGH: 10 Q And at that point and time, in fact, we did 11 review the docket for a PFA action that occurred in Dauphin 12 County? 13 THE COURT: I have let you go as long as I 14 can. I understand some of the background now in IS conciliation. I am also looking at the order that came out 16 of it. 17 MS. HARBAUGH: Your Honor, I have no further 18 questions at this time, but I would reserve the right to 19 call Mr. Lower again if you feel that I can elicit 20 additional testimony regarding physical violence. 21 MR. MCBETH: Your Honor, I have some brief 22 redirect as a result of a couple of cross, if I may, two 23 questions. 24 THE COURT: All right, two. 25 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . REDIRECT EXAMINATION BY MR. MCBETH: Q At conciliation there was no discussion of a third party being present because no one at that time contemplated that the visits would be at Bambie's house, correct? A That's correct. Q And you first learned as of November 6th of this year that Bambie was not living at the Park Street address? A That's correct. THE COURT: You may step down. THE WITNESS: Thank you. THE COURT: A five minute recess. hear from the mother next. (Whereupon, a brief recess was taken.) THE COURT: You may take the stand. Whereupon, I want to BAMBIE R. SHENCK, having been duly sworn, testified as follows: MS. HARBAUGH: Your Honor, if I may, just for point of clarification, Bambie Lower's name was Bambie Lower at the time of the past court action. However, she has since retaken her name of Shenck. So if we could just note that in the court record so that she could be properly 46 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . referred to. THE COURT: S-h-- MS. HARBAUGH: S-h-e-n-c-k. THE COURT: So it is Bambie R. Shenck now? THE WITNESS: Yes. THE COURT: Enter this order. The caption of the case is adjusted to reflect the mother's/defendant's current name of Bambie R. Shenck. DIRECT EXAMINATION BY MS. HARBAUGH: Q Bambie, are you still living in Cumberland County? A Yes, I am. Q And do you have a daughter Kandice Lower? A Yes, I do. Q How old is Kandice? A Five years old. Q And when was she born? A 3/12/99. Q And you were present at the conciliation that we had at Melissa Greevy's office in October? A Yes. Q And you're aware of the current order dated October 29th, 2004? A Yes. 47 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . Q And you're aware that you were to provide the child on specific days for unsupervised visits beginning with November 2nd? A Yes. Q And did you provide the child? A No. Q And what went into your decision in deciding to not make her available? MR. MCBETH: Objection. She is going to get into -- THE COURT: Hold on. Wait. The objection is sustained except with respect to any testimony that occurred -- any incidents that occurred following the entry of the order of October 29, 2004. THE WITNESS: THE COURT: I'm sorry, repeat the question. What I am saying to you is -- well, you ask the question again in the framework that I have limited it. BY MS. HARBAUGH: Q Bambie, when you decided that you were not going to make Kandice available, what types of things went into your thought process in making that decision based upon the conciliation and after? A Well, I really didn't agree to the unsupervised visitations. I did agree to supervised. 48 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . MR. MCBETH: Objection. THE COURT: She can tell me what her reasons are. Whether they are valid or not is something else. Go ahead. THE WITNESS: My former relationship with Mr. Lower just was not a very good relationship. He had threatened to MR. MCBETH: Objection. Motion to strike. THE WITNESS: I'm sorry. THE COURT: Relax. We can only talk about what happened from the date the order was entered and after. THE WITNESS: I'm sorry. THE COURT: What happened after the order was entered with respect to anything as to why you didn't go through with the November 2, 2004, visits as directed? That is the question. THE WITNESS: I was in fear for my daughter. I wasn't sure from past experience if everything would go well with these unsupervised visitations. BY MS. HARBAUGH: Q At the time that we were at the conciliation which is what -- where the order came from, there was discussion regarding past domestic violence? MR. MCBETH: Objection. 49 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . THE WITNESS: Yes. THE COURT: Overruled. BY MS. HARBAUGH: Q I'm sorry, ma'am, what was your answer? A Yes. Q And at that point in time what specifically did we discuss? MR. MCBETH: Objection. THE COURT: Sustained. BY MS. HARBAUGH: Q At the time that that domestic violence was discussed, did we review a PFA? MR. MCBETH: Objection. THE COURT: Sustained. I am not going to let you get into it. We are not going to challenge the validity of the October 29 order. MS. HARBAUGH: Well, Your Honor -- THE COURT: It was entered by agreement. If the order had been improperly entered or not reflected the agreement at the time, it could have been challenged, but it was not. MS. HARBAUGH: Your Honor, if I may speak to that briefly. Melissa Greevy, for reasons unknown to me, did not delineate any of the discussion regarding domestic violence in her conciliation conference summary. 50 . . 1 THE COURT: All Ms. Greevy has to do, if 2 there is an agreed to order that is going to be entered, is 3 set it out. How much detail she goes into and the 4 discussion is incidental. S We have a situation here that -- and I 6 understand there were probably serious problems between 7 these people. I understand she has these concerns. The 8 point is we had an order, and that is one of the reasons you 9 get an order, and after it you abide by it. 10 Now, if she has an excuse for not abiding by 11 it afterwards, if something occurred afterwards, we will get 12 into that and I will allow the testimony. But I am not 13 going to rehash what went into the order to begin with. It 14 is just not relevant. This is contempt. 15 MS. HARBAUGH: Well, Your Honor, if I might 16 note that the case of Namath versus Namath talks about how 17 an essential element of contempt is any excuse by the party 18 and her intention. I can't imagine that you would limit any 19 excuse for noncompliance since that is an essential element 20 of proving contempt. 21 THE COURT: Even though you can't imagine it, 22 I am. 23 MS. HARBAUGH: Well, I would just note 24 for the record, Your Honor, that's Namath versus Namath, 2S 451 A.2d 1384 which specifically stands for that SI 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . proposition. THE COURT: Okay. MR. MCBETH: May I have that citation again, Ms. Harbaugh? MR. MCBETH: Namath versus Namath, 4S1 A.2d 1384, and that stands for the proposition THE COURT: I understand. Next question. BY MS. HARBAUGH: Q Was there anything specifically that occurred on November 2nd that frightened you with respect to Mr. Lower? A Yes. When I came to pick up my daughter, I had a doctor's appointment because I was previously pregnant. I took her out because I wasn't going to be able to pick her up. He did not call me the day before or anything to discuss where I was supposed to get the child from, which in the order I was supposed to provide all transportation. He did not call me to let me know where I was supposed to pick Kandice up, assuming that he just was going to pick her up from school. I wasn't aware of where I was supposed to get her from. Also, when I picked her up from school, he was there an hour early which was kind of odd because his visits didn't start until 3:30. And when we went to leave S2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . to go to my appointment, Mr. Lower had tried to follow us, but since I knew the area I was able to use alleyways to get away. So he did follow me, and he did fly by which, you know, there was another witness with me. Q What was your feeling as you were driving away from the school and Mr. Lower was following you? MR. MCBETH: Objection. THE COURT: Overruled. THE WITNESS: I was scared. BY MS. HARBAUGH: Q Why were you scared? A Because he's done this stuff before. MR. MCBETH: Objection. THE COURT: Overruled. I understand she is scared. BY MS. HARBAUGH: Q Previously Mr. Lower had been given some custody rights, is that right? MR. MCBETH: Objection. THE COURT: Sustained. Is there a current petition to modify this custody order? MS. HARBAUGH: I believe I attached a modification request to our response to the petition to modify. THE COURT: Is there a petition that's been 53 . . 1 referred to conciliation? 2 MR. MCBETH: No. 3 THE COURT: I am asking counsel. 4 MR. MCBETH: I'm sorry. S MS. HARBAUGH: My understanding, Your Honor, 6 is 7 THE COURT: Just tell me. I want to know 8 where we are. 9 MS. HARBAUGH: I understand. There is 10 currently a January 6, 200S, court date set already with the 11 conciliator. 12 THE COURT: Okay. On a petition to modify on 13 what? 14 MS. HARBAUGH: It was already rescheduled IS from the previous order. It was automatically built into 16 the October order that we would revisit everything in 17 January. 18 THE COURT: I got you. 19 MS. HARBAUGH: And then today I filed a 20 request to modify. 21 THE COURT: So right now there is a 22 conciliation on January -- 23 MS. HARBAUGH: 6th. 24 THE COURT: 2005? 25 MS. HARBAUGH: That's correct. S4 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . THE COURT: And there is an additional petition to modify just filed? MS. HARBAUGH: Correct, which is attached to Your Honor's copy there of my response. THE COURT: I have got the procedure. Go ahead. BY MS. HARBAUGH: Q You reviewed our response to the petition for contempt, didn't you? A Yes, I did. Q And at the same time you're aware that we asked the Judge to modify the current order, is that right? A Yes. Q And the reasons that you want the Judge to modify the order are what? MR. MCBETH: Objection. THE COURT: Sustained. BY MS. HARBAUGH: Q Whenever the location of the supervised visits was changed to your home, what were the reasons that that was changed? A Well, my cousin, Kelly Snyder, has a 7-year-old daughter, and she had problems with her husband as of having him at her home because -- SS 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . Q Him being who? A Shane Lower, that he wasn't allowed to be in her home, from her husband. Q Okay. And was that communicated -- what was the reason other than that? Was there a reason provided? A His past criminal history. MR. MCBETH: Objection. THE COURT: Overruled. MS. HARBAUGH: I'm sorry? THE COURT: She answered. Kelly didn't want this guy in her home. I got the picture. BY MS. HARBAUGH: Q And instead the visits were moved to your house, is that right? A Yes. Q And did you schedule yourself to be present during any of the visits or did you specifically decide to not be there? A I did not want to be there. Q And why was that? MR. MCBETH: Objection. THE COURT: Sustained. BY MS. HARBAUGH: Q Who did you leave at your home when you left for these supervised visits? S6 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . A That would be Kelly and Richard Stine. Q And who is Richard? A He's my boyfriend, fiance. Q And you left the child there with them? A Yes. Q In their care? A Yes. Q Mr. Lower spoke specifically about you making comments to him on his first visit there with respect to some inflammatory language and some expletives. Would you explain to the Court what you did say when you spoke to him? THE COURT: I am not holding her in contempt for that. You do not have to go over that. BY MS. HARBAUGH: Q Were you surprised to see his mother there? MR. MCBETH: Objection. THE COURT: Overruled. THE WITNESS: Yes, I was. BY MS. HARBAUGH: Q Why is that? A Because there was no discussion of his mother being at the supervised visitations. Q And your understanding was that she though was eventually allowed in with Mr. Lower for the visit? S7 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A Yes. Q And that on the second occasion were you aware that his sister was coming to the visit? A No, I was not. He did not make me aware of that. Q And you were surprised by that as well? A Yes. Q And the third visit, were you expecting him to bring a third party? A By that point, yes. Q Okay. And was there any particular period of time during any of the visits where you were there and you in any way saw Mr. Lower? A Yes. Q And what visit was that? A The first visit when I was just leaving and then the last visit I was just coming back. I headed back a little bit early because my cousin's clocks were a little off. Q And when you arrived there, what did you observe with respect to Kandice and Mr. Lower? MR. MCBETH: Objection. THE COURT: Overruled. THE WITNESS: When I walked in, he was getting ready to leave. His sister was standing there. He S8 . . 1 had asked Kandice to give him a hug good-bye. She wouldn't 2 give him a hug, and so he had said I see how you are. But 3 she gave the sister a hug, and that ended that supervised 4 visitation. 5 BY MS. HARBAUGH: 6 Q Did Kandice make any comments to you with 7 respect to Mr. Lower's request for a hug or his comments 8 made to her during the supervised visits? 9 MR. MCBETH: Objection. It's not in response 10 and not grounds for dissipating the order. 11 THE COURT: Overruled. I will allow it. 12 THE WITNESS: She didn't say anything about 13 the incident with the hug, but she did say that Mr. Lower 14 repeatedly told her that he loved her whispering in her ear 15 which she didn't understand very well considering she's a 16 small child. 17 It kind of -- it kind of weirded her out 18 because she didn't understand it because she didn't return 19 the -- return the love because she doesn't really know him 20 very well, and that's what she had said to me that, you 21 know, why does he keep on saying that to me, I don't know 22 him. 23 BY MS. HARBAUGH: 24 Q Has she expressed her feelings to you that 25 you took upon yourself to consider in making any decisions 59 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . that you have since the court order was put in place? MR. MCBETH: Objection. THE COURT: Sustained. BY MS. HARBAUGH: Q Did Kandice make any requests of you -- MR. MCBETH: Objection. THE COURT: Sustained. She is five years old. MS. HARBAUGH: Well, Your Honor, I can't imagine that THE COURT: This is contempt. This is not custody. MS. HARBAUGH: This is true. But, Your Honor, if my client in any way made decisions that she made regarding the order after it was entered based upon things that the child told her, I would certainly think that that should be allowed to be inquired into. THE COURT: You are wrong. BY MS. HARBAUGH: Q Mr. Lower made it a point to talk about the paternity and the issues that arose out of that request that you made that he submit to a paternity test. Has that always been your position, that you questioned whether or not Mr. Lower was the father? MR. MCBETH: Objection. 60 . . 1 THE COURT: Sustained. It doesn't matter. 2 It has nothing to do with this contempt. He is the 3 father. 4 BY MS. HARBAUGH: 5 Q Since you've been on the stand, have you had 6 anything else that has come to mind as far as the reasons 7 after October 29th -- I'm sorry, strike that. Is there 8 anything else that has come to mind since you've been 9 testifying with respect to things that have occurred since 10 the conciliation that have caused you to not make the child 11 available? 12 MR. MCBETH: Objection. 13 THE COURT: Overruled. Anything else? 14 THE WITNESS: I don't know if it's relevant IS or not, but in the third supervised visit the discussion 16 between Kelly and Richard, Shane had told them that the 17 allegations that I made against him were false, which I 18 told them the truth, and he's still denying that he ever 19 MR. MCBETH: Objection. I would make a 20 motion to strike. 21 THE COURT: Overruled. 22 THE WITNESS: That he had ever caused me 23 for concern or ever had had a violent way with me or my 24 child. 25 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 . . BY MS. HARBAUGH: Q Just so I understand -- THE COURT: I understood it. Don't rephrase it. Ask direct questions. BY MS. HARBAUGH: Q If they told you that, how did that make you feel? A It made me feel -- MR. MCBETH: Objection. THE COURT: Sustained. Next question. MS. HARBAUGH: I'm sorry? THE COURT: She has already told me. The objection is sustained. I got the picture here. BY MS. HARBAUGH: Q Was there anything else that you found out about things that occurred during the visits that caused you concern about providing unsupervised visits? MR. MCBETH: THE COURT: BY MS. HARBAUGH: Objection, asked and answered. Sustained. Q At the time of the conciliation that was the 22 basis for the order that was presented, Attorney McBeth 23 earlier today made a point of talking about unreasonable 24 requests to have the YWCA supervise. Do you recall that 25 conversation? 62 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . A Yes, I do. Q And at the conciliation, why was it that you had brought that up as a potential for these supervised visits? MR. MCBETH: Objection. THE COURT: Sustained. BY MS. HARBAUGH: Q When we were at the conciliation and we discussed having the supervised visits, there was a lot of back and forth that was occurring about selecting a provider for the supervised visits. A Yes. Q And what were the things -- what were the places or the people who were discussed? MR. MCBETH: Objection. THE COURT: Sustained. Actually, the way it came down wasn't even as it was set forth here, but it was done at her house for the three times. I understand that. BY MS. HARBAUGH: Q Would it have been your preference to have these visits at your home? MR. MCBETH: Objection. THE COURT: Sustained. Counsel, I will not allow you to relitigate the order. People leave court 63 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . and they leave conciliations and they are not always happy with what came about, but orders are orders. Next question. BY MS. HARBAUGH: Q When you made the decision after the order was entered to change the location to your home, was that your preference? MR. MCBETH: Objection. THE COURT: Sustained. I am not going to hold it against her that it got changed to her home because it came down. That won't be a factor in any contempt issue. BY MS. HARBAUGH: Q Mr. McBeth in his filing of the petition for contempt had indicated that all three visits were videotaped. Is that true? A No, that's not correct. MS. HARBAUGH: I don't have any further questions at this time, Your Honor. THE COURT: Cross. CROSS EXAMINATION BY MR. MCBETH: Q Ms. Shenck, you stated that you couldn't hook up for the November 2 visit because it was your obligation to provide transportation and Shane didn't call you, is that correct? 64 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A That wasn't the only reason. Q But that was the one you stated here, right? A Yes. Also that I had a doctor's appointment which I would not be able to -- if he picked her up, I wasn't sure -- I was having trouble with my pregnancy. I was in the hospital prior. My doctor's office wanted me there that day to do an ultrasound. Q Thank you. But you and he had already prearranged that the third visit would be on November 2, correct? A Yes. Q So you knew that? A Yes. Q And you had not provided transportation for the first two visits, had you? A No, not for Mr. Lower. Q Well, no. Because you had decided that they would be at your house instead, instead of Kelly Snyder's place, right? A Yes. Q And, in fact, there was no discussion at the conciliation of third parties being present for the supervised visits because the possibility of the visits being at your house was never mentioned in the conciliation, was it? 65 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . A No. Q And in early November of this year, prior to your withdrawing Kandice from school in Mount Holly, you told school personnel that Shane was not authorized to see Kandice until November 20th, is that correct? A According to Miss Holly, yes. Q You're saying she's lying? A No, I'm not saying that she's lying. The secretary that I talked to, the substitute secretary, I did say November 2nd. I don't understand why they would say November 20th, maybe because they added a zero, I'm not sure. Q So they just decided to add a zero? THE COURT: Wait a minute. She explained it. THE WITNESS: Yes. I did say November 2nd that he was ordered to have visitations. I did say that. Miss Holly did not hear me say that because I did not directly talk to her. I talked to a secretary, sir. BY MR. MCBETH: Q And you formally withdrew Kandice from school on the 15th of November? A Yes, I did. Q You didn't tell Shane you were going to do that? A No, I didn't. 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You didn't tell him about the home schooling? A No, I didn't. Q You didn't tell him when you moved from the residence in Mount Holly? A No. Q You have been away from 18 Park Street in Mount Holly for how long? A Since December 1st. Well, I was staying with family before that, but I did not move from that residence until December 1st, but I did stay with family for two weeks basically. Q But you didn't disclose that location to Shane? A No, I did not. Q And you didn't disclose a phone number to Shane? A No, I did not. Q And he has no means of contacting you even as we sit here today? A I hope not. Q Is that a no? A Yes, that's a no. Q And you seek to have this order modified even though you don't disclose your location? THE COURT: She seeks to have the order 67 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . modified. MR. MCBETH: Thank you. That's all I have. THE COURT: Anything else? MS. HARBAUGH: A few redirects, Your Honor. REDIRECT EXAMINATION BY MS. HARBAUGH: Q Bambie, when you withdrew her on November 2nd, at that point and time you didn't have a copy of the custody order, did you? A No, I didn't. Q So you weren't able to provide it to the school at that time? A No, I was not. Q And Attorney McBeth asked you about the home schooling, the fact you told them you were home schooling. Explain to the Judge what arrangements you have been making for Kandice during this period of time. MR. MCBETH: Objection. THE COURT: Sustained. BY MS. HARBAUGH: Q In fact, it is true that Shane does have a way to get information to you which would be through me, your attorney, is that right? A Yes. Q And to your knowledge, other than the 68 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . petition for contempt and one piece of correspondence, was there any communication that I told you about with respect to Mr. Lower receiving any phone calls from Attorney McBeth? A No. Q Is it fair to say that Mr. Lower has never had any unsupervised visits with Kandice? MR. MCBETH: Objection. THE COURT: Overruled. Ever? BY MS. HARBAUGH: Q Has he ever had -- THE COURT: I don't know the background. I want to know the background. BY THE COURT: Q Have you lived with him during periods of time that the child was alive? A Yes. Q From when to when? A Well, the child was born on March -- Q You were married just a little before the child was born? A Yes, March Sth, a week or so. Q And from the time the child was born you lived together? A Yes, until April 9th, which I filed assault 69 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . charges against him. MR. MCBETH: Objection. THE COURT: Overruled. Don't try to keep me from knowing exactly what I need to know to deal with this issue. Hold on here. I want to be sure I am right on my dates. BY THE COURT: Q So you were married on March 5, and the chile lived with you you separated in April '99. Is that the period of time that you all lived together? A Yeah, for a month, about a little less than a month. We did get back together though when he broke the PFA and Q Just tell me the periods of time. March S, 1999, to April 1999. Then when? A Then at some point in, I believe it was, June or July. Q Of? A Of '99. Q Until when? A That only lasted for about maybe a month to two months at the most. Q A month or two? A Uh-huh. Q And then you separated finally? 70 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . A No. Actually, I separated from him again I had resided at my parents' house. Q Let me go back. So it was a month or two after June, July 1999? A Urn-hum. Q Was there another period of time that the child lived with you and him together? Just one other time. Tell me that. From November of '99 to 2000, New Year's A Q A 2000. Q A Q after that? A Q To the end of the year? Yes. And then anytime with you and him together No, sir. So that brings us to 2000. Has he seen the child -- after that separation, the beginning of 2000, was he seeing the child after that? A No. I did have one -- I had an agreement with Mr. Lower that Q Just tell me whether he has seen the child after that. A He has seen her once. Q When? 71 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . A It was in 2002, right around December. Q December? A Yes. Q Then after that when is the next time he saw the child? A Not until current. Q The current order? A Yes. Q Then it was October 28th it looks like. A Yes, sir. THE COURT: October 28th, 2004. Okay. I got the background. Go ahead. Continue. I think we were still on your redirect. BY MS. HARBAUGH: Q Now, those periods of time that you just explained to the Judge that you were living with Mr. Lower, were they all here in pennsylvania? MR. MCBETH: Objection. THE COURT: Sustained. It doesn't make any difference. BY MS. HARBAUGH: Q The one visit that you did tell the Judge that he had in 2002, where did that happen? MR. MCBETH: Objection. THE COURT: Sustained. It doesn't make any 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . difference. BY MS. HARBAUGH: Q Was that visit supervised? THE COURT: Look, it doesn't make any difference. I wanted the background as to when this man has seen this child and now I know it. The order is what I am dealing with now. BY MS. HARBAUGH: Q Did you have a conversation with Kandice regarding the fact that Mr. Lower is her biological father? A Yes, I did, when that visit occurred. Q And she does understand that he is her biological dad? A Yes, she does. Q How does she refer to him? MR. MCBETH: Objection. THE COURT: Sustained. MS. HARBAUGH: No further questions, Your Honor. THE COURT: Anything else? MR. MCBETH: No. THE COURT: You may step down, ma'am. Do you have any further testimony that is not cumulative? MS. HARBAUGH: I do have -- THE COURT: Hold on. I am asking him. He is 73 . . 1 the moving party. 2 MR. MCBETH: Oh, I'm sorry. No, sir, I 3 don't. 4 THE COURT: Do you have any? 5 MS. HARBAUGH: I did have one more witness 6 which was Richard Stine who was the only third party who is 7 here today other than the litigants that could testify about 8 what occurred during these supervised visits. 9 THE COURT: Do you want to call him? 10 MS. HARBAUGH: Yes, for a few brief 11 questions, Your Honor. 12 THE COURT: Sure, go ahead. 13 MS. HARBAUGH: I call Richard Stine to the 14 stand, please. IS Whereupon, 16 RICHARD L. STINE, 17 having been duly sworn, testified as follows: 18 DIRECT EXAMINATION 19 BY MS. HARBAUGH: 20 Q Hi, Rick. Can you state your full name for 21 the record and spell your last name? 22 A Richard L. Stine, Jr., S-t-i-n-e. 23 Q And how do you know Bambie Lower? 24 A I met her working with her, and we formed a 25 relationship probably four years ago. 74 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . Q How long have you known her? Four years. A Four years. Q Sorry. At what point in time did your relationship progress to more than friends? A About six months after we met working together in Carlisle. Q And you do have a child together, is that right? A Yes, we do. Q Howald is your son? A He is now seven months. Q Do you reside with Bambie right now? A Yes, I do. Q At the time that these supervised visits occurred, you were present on each and every visit at the property? A Yes. Q And this was at 18 Park Street? A Yes, it was. Q Do you have a specific recollection about the first visit that occurred with Mr. Lower and Kandice? A Yes. Q Do you remember the first visit? A Yeah. Q When Mr. Lower arrived, was he alone? 75 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No. Q And did you have a conversation with him with respect to the additional person that he brought? A I didn't personally. Q Who did? A It was Kelly Snyder. Q Eventually, however, Mr. Lower came in and the visit started? A Yeah. Q What did you observe during that visit? MR. MCBETH: Objection. THE COURT: Why is this relevant? Tell me what the relevancy is. MS. HARBAUGH: The relevance, Your Honor, is that he is an additional witness that was present to corroborate or contradict Mr. Lower's testimony about what occurred during the first visit. THE COURT: Are you presenting this as some sort of testimony to reflect that she had a right to unilaterally not continue the order. MS. HARBAUGH: Yes, Your Honor, because certain things that were observed at the time of the visit -- THE COURT: I understand. Go ahead. You may ask him. 76 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . THE WITNESS: Can you repeat the question? MS. HARBAUGH: Sure. BY MS. HARBAUGH: Q During the first visit, you were present in the room whenever Kandice was with Mr. Lower? A Yes. Q What did you observe them doing? A At first for the first, like, half an hour, 4S minutes, Kandice seemed very nervous, and she seemed like she wanted to be closer to me than Mr. Lower. And me and Kelly made an effort to, you know, get her involved, you know, have her play with Mr. Lower a little bit, you know, have interaction with him. Q Did you provide certain things for them to do? A Yes. I set up games for them. I turned on cartoons for Kandice, you know. I just tried to make her feel comfortable. Q At some point in time during that first visit did you have a private conversation with Mr. Lower outside? A Yes. At the end of the visit I was pulled to the side and he asked to speak with me, and so we went outside away from everyone else. Q And can you give us the basis of the conversation? 77 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . A He said to me that he understands that she thinks of me as her dad and he can't change that, but as far as he was concerned that she should know that he is her real father. Q And what did you respond to that? A I responded that I would have a conversation with her. Q Had you previously had a conversation with her about Mr. Lower and the fact that he is her biological dad? A I haven't personally, but I've been in the presence of conversations where she is -- you know, she knows. Q And so during that conversation you informed Mr. Lower that she did know that he was her dad? A I didn't reassure him at that point, but I told him that I would have that conversation with her. Q You mentioned Kandice wanted to be closer to you than to Mr. Lower during the first visit. A Um-hum. Q Did she say anything to you about her feelings at the time that that was occurring? MR. MCBETH: Objection. THE COURT: Sustained. This is hardly surprising. The wisdom of the order is that this is a 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S . . transition for a child who has not seen her father a lot since the last time. I am not surprised. You wouldn't have wanted to do this without a transition. Next question. BY MS. HARBAUGH: Q Were you present during the second visit? A Yes, I was. Q And at this point and time were you actually in the room that the visit occurred or were you somewhere else in the house? A No, it was requested that I wouldn't be in the room. Q And who requested that? A Shane Lower. Q And did you comply with his request? A Yes, I did. I tried to keep, you know, everything comfortable. I knew it was an uncomfortable situation for all involved. Q And you heard Bambie testify that during one of these visits she came back early. A Um-hum. Q Did you also witness the interaction between Kandice and Shane's sister? A Yes. Q Did you witness Mr. Lower request Kandice that Kandice hug him? Did you witness that? 79 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . A I don't think I did witness it. I think my back was turned at that point. Q Okay. Were you along on November 2nd when Kandice was picked up from school when you were going to Bambie's previously scheduled appointment? A Yes. Q And after you put Kandice in the car and you went to drive off the premises of the school, did you see a car pullout and follow you? A I didn't see it immediately pullout and follow us, but as we were turning down a side street, I did notice a car that looked very similar to the same car he pulled in, you know, travel down the main road at a high rate of speed. Q Did you have a conversation with Bambie about what that car was or who was in that car? A Yeah, because she was driving and I was turning to make -- you know, to see if anyone was following us. Q What did she relate to you at that point? Did she say who she thought the car was? A Well, I don't think she really saw. I was trying to keep an eye out, you know. I said that it looked like his car. Q During the second visit, or it could have 80 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . been the third, the third visit, when Mr. Lower testified today that he had been late getting into the house because you were in the driveway having a conversation with him, can you tell the Court the basis of that conversation? A It began basically with us telling him that we had spoken with our -- or with her representation and told us that he was not supposed to have a third party there with him. So we were basically trying to go through that, and it progressed into many derogatory comments about Bambie. Q And with respect to those comments, did you listen? Did you respond? What did you do? A I pretty much stayed out of it and just, you know, listened in for the most part. I did throw in a few comments here and there. Q What types of things was he communicating to you at that point and time when he was trying to get into the house for his visit? MR. MCBETH: THE COURT: THE WITNESS: Objection. Overruled. Could you repeat the question? Sorry. BY MS. HARBAUGH: Q What types of things was Shane saying to you during that conversation, derogatory or otherwise, as a 81 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 . . means of trying to find his way into the house to get his visitation? THE COURT: Hold on. He ultimately got in, right? MS. HARBAUGH: Yes. THE COURT: I sustain the objection. I changed my mind. BY MS. HARBAUGH: Q After each visit, you would discuss with Bambie what occurred during the visit that you witnessed? A Um-hum. Q Did you have a conversation with her about what occurred in the driveway on this third visit? Objection. Did you tell her that? Yes. MR. MCBETH: THE COURT: THE WITNESS: BY MS. HARBAUGH: Q What did you tell her? A Just that, you know, he seemed angry that we didn't want him to have his third party come in and that it was basically, you know, the run around, and then I asked the question at one point that if he did actually live with his parents because he kept on referring to it as his parents' house and not his own house. Q Did you have concerns that that, in fact, mal 82 . . 1 not be where he was living 2 MR. MCBETH: Objection. 3 BY MS. HARBAUGH: 4 Q based upon statements that Mr. Lower made? S THE COURT: Sustained. 6 BY MS. HARBAUGH: 7 Q Was there anything that Mr. Lower told you 8 that made you think that he was not living with his parents? 9 MR. MCBETH: Objection. 10 THE COURT: Sustained. 11 MS. HARBAUGH: I don't have any further 12 questions right now. 13 THE COURT: Any questions? 14 MR. MCBETH: I have no questions, Your Honor. IS THE COURT: Sir, you may step down. Any 16 other witnesses? 17 MS. HARBAUGH: The only additional witness, 18 Your Honor, we had brought today, if Your Honor was intent 19 on finding out more about the domestic violence that 20 occurred in the household and the reasons for which my 21 client is scared and frightened 22 THE COURT: I am not so inclined. If we 23 had a custody dispute in all cases where people had had 24 some form of domestic violence and prevented parents from 2S seeing children after that as a result of it -- I mean, the 83 . . 1 whole point of this order was to try to work in an 2 adjustment period, and I don't question that there was 3 domestic violence and that she has had concerns about that. 4 Anything else? 5 MS. HARBAUGH: No, Your Honor. 6 MR. MCBETH: No, Your Honor. 7 THE COURT: The record is closed. Argument, 8 off the record. 9 (Whereupon, argument was held off the 10 record.) 11 THE COURT: I adjudicate defendant in 12 contempt for violating both the legal custody provisions and 13 the physical custody provisions of the order of October 29, 14 2004. Now, the big issue is what I do now. Do you have IS your driver's license with you? 16 THE PLAINTIFF: No, sir, I don't. 17 THE COURT: Where is it? 18 THE PLAINTIFF: Sir, it's probably in my car. 19 THE COURT: Is your car here? 20 THE PLAINTIFF: Yes, sir. 21 THE COURT: You are guaranteeing me you have 22 a valid pennsylvania driver's license? 23 THE PLAINTIFF: Yes, sir. 24 THE COURT: Did you drive up here? 2S THE PLAINTIFF: Yes, sir. 84 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S . . THE COURT: Have a seat. I am satisfied. What are you looking for as a resolution today, counsel? Off the record. (Whereupon, argument was held off the record.) THE COURT: I am going to take this under advisement. I am going to enter an order if not by the end of the day by sometime tomorrow. It is going to set forth the temporary schedule to take effect until the order is modified. It will be followed. I will consider the other request for relief that you have asked me for. Court is adjourned. MS. HARBAUGH: Your Honor, there is one more thing that you had indicated you were going to possibly consider which was the case evaluation by Dr. Schneider. Given the respective past history of domestic violence at least alleged by my client, I certainly think that that would be a case that would be ripe for an expert opinion. THE COURT: You mean as to what the final custody arrangement should be? MS. HARBAUGH: Correct, Your Honor. Because my client, even though she was not able to get into the specific concerns that she has with respect to domestic violence, there have been threats made against the child. 8S . . 1 THE COURT: You are talking now on a petition 2 to modify, right? 3 MS. HARBAUGH: No, I'm talking about the 4 former custody -- or I'm sorry 5 THE COURT: Get back to the procedure here. 6 I have got a custody order in effect that is going to be 7 reviewed by the conciliator as per the agreement of the 8 parties when it was entered in the beginning of January, and 9 then I have got a new petition to modify. 10 MS. HARBAUGH: Correct, that was attached 11 today to our response petition. 12 THE COURT: All right. And you are asking me 13 as it relates to the current proceedings to order an 14 evaluation? 15 MS. HARBAUGH: Judge, I had previously -- 16 THE COURT: I am tying to figure out what you 17 are asking me. 18 MS. HARBAUGH: I understand. Previously I 19 had filed a petition with the Court for an evaluation of the 20 parties to be conducted by Dr. Stanley Schneider. Your 21 Honor issued a rule returnable in ten days. Mr. McBeth 22 filed a response. Your Honor issued an order saying that if 23 you felt it was necessary after hearing the testimony today 24 Your Honor would issue an order directing the parties for an 2S evaluation. 86 . . 1 THE COURT: And that is what you are asking 2 me to rule on? 3 MS. HARBAUGH: Correct. 4 THE COURT: I got it. S MS. HARBAUGH: And my client has no problem 6 paying for this evaluation. She has very legitimate 7 concerns, and I certainly think that an expert opinion would 8 assist Your Honor in making a final custody determination 9 because Mr. Lower has intended to take primary physical 10 custody of this child. 11 MR. MCBETH: Your Honor, may I speak? 12 THE COURT: Obviously there is no case before 13 me at the moment because it still has not gotten completely 14 through conciliation, but I understand what you are asking IS me for. You want me as part of the continuing conciliation 16 process, even before that is finalized, to order an 17 evaluation? 18 MS. HARBAUGH: Yes. 19 THE COURT: Or not? 20 MS. HARBAUGH: Yes, because as Your Honor 21 knows, it takes some time to get into the evaluator. 22 THE COURT: I understand. 23 MS. HARBAUGH: Having the ability to know 24 that that was going to occur at some point in the future 2S and having the parties contact his office to schedule 87 1 2 3 4 5 6 7 8 9 10 11 12 13 that, no matter whether that is all true, you see the 14 situation the mother's in and the perceptions of the 15 situation at that point. Give that some thought whether it 16 is true or not true or somewhere in between. That is why 17 she is asking me. It is obvious that there is a terrific 18 conflict here. That is why she is asking me. I do not know 19 that I will grant it, but I will consider it. Whether it is 20 all true or not true or it is true in part, I will take it 21 all under consideration. I will have an order on this down 22 by the end of the day tomorrow at the latest, and I will 23 also rule on the motion. Court is adjourned. 24 (Whereupon, the hearing was concluded at 2S 12:21 p.m.) . . appointments and to make arrangements for the payment and things of that sort THE COURT: I understand. I understand what you are asking. Are you opposed? MR. MCBETH: Yes. THE COURT: Why? MR. MCBETH: If I may tell you why. THE COURT: Yes. MR. MCBETH: There's been illusions to domestic violence. There's never been a criminal charge as a result of them. THE COURT: Before you keep rattling on about 88 1 2 3 4 S 6 7 8 9 10 11 12 . . 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. /---- ~--~ --------." ')3 {'\ .~. ' I '. Qi,v-JiCL \::::::::: - '- ~ Pamela R. Sheaffer Official Court Reporter 13 The foregoing record of the proceedings on 14 the hearing of the within matter -- 15 directed to be filed. 16 17 18 19 20 21 22 23 24 2S // 89 ,-.-. ~iq,: :::.G ,:.' 0~~ i= tI_ o >- tn g; a ::.t: "~-i: Q ,eo (_"I LJ c:::, l.."'~' ~J I;;::) C'-' --.I C)