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Home My WebLink About05-3115 JOSEPH L. SIPES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS- - 3 nJ~ .j~ TAMMY JO SIPES, DEFENDANT CIVIL ACTION CUSTODY CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Joseph L. Sipes residing at 17 Allison Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Tammy Jo Sipes who resides at 269 neil Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: NAME PRESENT RESIDENCE DOB Randi Jo Sipes 17 Allison Drive Shippensburg, PA 08/11/88 Ramie J. Sipes 17 Allison Drive Shippensburg, PA OS/26/90 The children were born in wedlock. The children are presently in the physical custody of Joseph L. Sipes who resides at 17 Allison Drive, Shippensburg, Pennsylvania. The children have resided with the following persons and at the following addresses: Person Address Date Father 17 Allison Drive Shippensburg, PA 12/18/04 Present Mother & Father 17 Allison Drivet Shippensburg, PA 1988 - 12/18/04 The mother of the children is Tammy Jo Sipes who resides at 269 Neil Road, Shippensburg, Pennsylvania 17257. She is married. The father of the children is Joseph L. Sipes who last resided at 17 Allison Drive, Shippensburg, Pennsylvania 17357. He is married. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Ryane Joseph Dipes Son Randi Jo Sipes Daughter Ramie Jacob Sipes Son 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: ~ Relationship Unknown 2 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concernlng the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff can properly care for his children. B. Plaintiff can provide a stable and loving home. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him joint legal custody and primary physical custody of his children, subject to defendant's liberal periods of partial custody as mutually agreed. Respectfully submitted, --rt &i'7 ]). .J:kdI ?~~s D. Gould, Esquire ID #36508 2 East Main street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Joseph L. Sipes, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: b /15Ios- M.L&- / /:/:Joseph L. Sipe t:./ Plaintiff 4 ~ ~ ~ A(\ ).. ~ 1)(\ -...J ~. ~ -:- -. ~ ~ ~ 1\ "<l Q ( ~ <;f. c::> ,p --I '-:;;c :r:;-n c--:,: n'e :,t.:;" -C\,.c..; ",:,-o\...-- -- :'~l'(S ~ ~~~~ <: I :::: '~~,.A ;--:: .. -<:0 '~ '~i."" ~ ~~, . (\:,,' 0\ IV - JOSEPH L. SIPES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3115 CIVIL ACTION LAW TAMMY JO SIPES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PAt 7055 on Tuesday, July 26, 2005 , the conciliator, at ):00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator ..;yv The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 A TTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~4 ~~ >>~'? -~ ~ ~ ~U; >>.l:~? ~/X' jp> fL. ~ ~ ./'9 50 EC7 C'?:Yli' cooZ '1"'(' q,J,J vv",>< _ U . v 'v ".. " ".'" {', / :L! : Odd 3ell ::10 ^t1'-L~".'\"' ,.. ..111 -'''I,.I;,..r;cJ : :1..... ....~ "," \..~ ty RECEIVED JUL 29 Z005 ~ JOSEPH 1. SIPES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3115 CIVIL ACTION LAW TAMMY JO SIPES Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of consideration ofthe attached Custody Conciliation Report, it is order , 2005, upon and directed as follows: 1. The parties shall participate in a course of family counseling with Pastor Richard Black and his wife, Vicki Black. The purpose ofthe counseling shall be to establish sufficient communication between the parties to enable them to effectively co-parent their Children. The parties agree that the Children shall also participate in counseling with Pastor Richard and Vicki Black to enable the Children to express their feelings and concerns about family issues. The parties shall follow the recomrnendations of Pastor Richard and Vicki Black concerning the timing of scheduling joint or individual sessions for the parties and sessions for the Children. The parties shall schedule their initial session within two weeks of the date of the custody conciliation conference. 2. The parties shall share having legal and physical custody ofthe Children with the specific arrangements, including holiday and vacation time with the Children, to be established by agreement between the parties. 3. 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. BY THE COURT, cc: Thomas D. Gould, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother ~ .~ P_OI-O.( L)-. , >- en ,- a" oS f-- ~':{ "7 ]- ~5 c ) ~~~;:; - (-, 0::: 1"'1....-, I Lt:JiJ- :.-JtLl: CoO> u-j!: ::::> "'" U- U? ____I = 0 = 0 ,.... - JOSEPH 1. SIPES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3115 CIVIL ACTION LAW TAMMY JO SIPES Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Randi Jo Sipes Ramie J. Sipes August 11, 1988 May 26, 1990 Mother/Father Father/Mother 2. A conciliation conference was held on July 26, 2005, with the following individuals in attendance: The Father, Joseph 1. Sipes, with his counsel, Thomas D. Gould, Esquire, and the Mother, Tammy Jo Sipes, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Jv4 Date d ~I d-005 . D"wfd:m~4 Custody Conciliator : IN THE COURT OF COMMON PLEAS OF JOSEPH L. SIPES, P1aintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005-3115.. CIVIL TERM TAMMY JO SIPES, Defendant/Petitioner IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Petitioner, Tammy Jo Sipes, by her attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Tammy Jo Sipes, an adult individual residing at 7504 Molly Pitcher Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Joseph 1. Sipes, an adult individual residing at 17 Allison Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of two (2) minor children, namely Randi J 0 Sipes, born August 11, 1988, and Ramie J. Sipes, born May 26,1990, 4. The parties are currently governed by a custody Order of Court dated July 29,2005, a copy of which is attached hereto and marked as Exhibit "A". 5. The Respondent is not cooperative with the counseling and is refusing to follow the recommendations of the counselors. 6. The children require a firm schedule of custody with the parties. 7. The Petitioner desires that primary physical custody of saJd children with joint legal custody and periods of temporary custody to Respondent as provided above. 8. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Tammy Jo Sipes, respectfially requests that she be granted primary physical custody and shared legal custody of Randi Jo Sipes and Ramie J. Sipe, as provided herein, with periods of temporary custody to Respondent as the parties can agree. Respectfully submitted, By: IRWIN & (CKNIGHT .:!r: ;~ <~n Attorney for aintiff 60 West Pomfr eet Carlisle, Pennsylvania 17013-3222 (717) 249.2353 Supreme Court I. D. No. 25476 Date: September 13, 2005 EXHmIT "A" RECEiVED JUL 2 [) Z005r~'\ JOSEPH L. SIPES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs_ 05-3115 CNIL ACTION LAW TAMMY JO SIPES Defendant IN CUSTODY ORDER OF COURT AND NOW, this :zq ~ day of C11'( , 2005, upon consideration of the attached Custody Conciliation Report,/it is ordered and directed as follows: 1. The parties shall participate in a course of family counseling with Pastor Richard Black and his wife, Vicki Black. The purpose of the counseling shall be to establish sufficient communication between the parties to enable them to effectively co-parent their Children. The parties agree that the Children shall also participate in counseling with Pastor Richard and Vicki Black to enable the Children to express their feelings and concerns about family issues. The parties shall follow the recommendations of Pastor Richard and Vicki Black concerning tile timing of scheduling joint or individual sessions for the parties and sessions for the Children. The parties shall schedule their initial session within two weeks of the date of the custody conciliation conference. 2. The parties shall share having legal and physical custody of the Children with the specific arrangements, including holiday and vacation time with the Children, to be established by agreement between the parties. 3. 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 BY THE COURT, /"'/ C; iu.uhy (J)J!J,. 9. , I . J. cc: Thomas D. Gould, Esquire.. Counsel for Father Marclls A. McKnight, III, Esquire - Counsel for Mother .fFiUE C.oPY H:OM fiECORU In fiNilllOOlly wllerwt. j flole unlo s~ my n,Jf1<l ~? tile UOiII of said Court lit GOifIJ::Ji, ~&. !mS__I.d'1' ay otL:1.~~ ~I I /I~- .,: A- ---- I ,<<, c.L..Jnu:l.:~~. .cr-<1i, I -_._"---.,-...-..:+;;- ProthcnUf::lir, . JOSEPH L. SIPES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-3115 CNIL ACTION LAW TAMMY JO SIPES Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLA1'lD COUNTY RULE OF CIVIL PROCEDURE 1915.3..8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Randi Jo Sipes Ramie 1. Sipes August II, 1988 May 26, 1990 Mother/F ather F ather/Mother 2. A conciliation conference was held on July 26, 2005, with the following individuals in attendance: The Father, Joseph L. Sipes, with his counsel, Thomas D. Gould, Esquire, and the Mother, Tammy Jo Sipes, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ Date d- l?-, ;)-005 . D,~~4 Custody Conciliator VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ """'j~ TAMMY SIPES Date: September 13. 2005 'fv ~ r~) "-') ~ ( (",'''1 C) C~) crt '0, ...... '" j '--1 T "- ~ {ll:IJ '"<J ,-r-; ~ W C1 , .. '" :,TJ l.:,) 0 v. - I"~ <::.' . '" \1'''-1 & .. r " :,;>~ C) .'T) ." t, JOSEPH L. SIPES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 3115 CIVIL TERM TAMMY JO SIPES, DEFENDANT IN CUSTODY TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdrawal my appearance in the above captioned matter. Da te: .s~401 c.-{ 2 Of) S- -rJwmcw\l). ~ THOMAS D. GOULD, ESQUIRE I.D. # 36508 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 ENTRY OF APPEARANCE Please enter my appearance on behalf of the plaintiff, JOSEPH L. SIPES, in the above captioned matter. Date: q~/b00 , 0 ER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 CERTIFICATE OF SERVICE I, Nichole M. Staley O'Gorrnan, Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney of record at the following address, by first class U.s. Mail on September 13, 2005: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pornfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 , Esquire , (:- ;:.:,,\ (;'? -- cP JOSEPH L. SIPES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 3115 CIVIL TERM TAMMY JO SIPES, DEFENDANT IN CUSTODY AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail, certified, restricted delivery, on June 16, 2005, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the postal return receipt attached hereto, the Complaint was received by the Defendant on June 20, 2005. ~D,~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 '" CERTIFICATE OF SERVICE I, Nichole M. Staley O'Gorman, Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney of record at the following address, by first class U.S. Mail on September 13, 2005: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 . Complele Ilem8 'f,2, and 3. Also cOmplete Item 4 n Aestllcted Delivery Is desired. . Print your name and address on the reverse so thet we can IlIlum the card to you. . ~ th~ 0l\!lI to the back.oIthe mallplece, or on the front, hpsce pennIls. 1. ArtIcle_to: -ra........y1'o S,p'u ;2GC) Ned Rr/~d .s hi ffJMJ i t.I....~,:< Pit 17 2 5'7 3._~ ~Md 0 ElcpMa_ o Rogb.hood Eit.- ~ for t.1On>handl8e o IIlSlnd _ 0 C.O.D: " 4. _ Delivery? (E>drII Fee) Yes 2.._Numbe/' 7'" " ~~..,1tc./lIIlel) , . yO;'" PS Form 3811, FebruaJy2004.. <,"', . "'.. . 075"0.. (Hi()q ~I 090 , L~ .:', ,. C" Domestlo Retum ReoeIpt 7923 102596-02-M-1540 r .~, '-'r\'~?'. / --,. ~. (.:? ./ ct' JOSEPH L. SIPES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 05-3115 CIVIL ACTION LA W TAMMY JO SIPES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 16, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at__.~~~--,,~t"Main Street, Mechanic.burg, PA 17055 on Wednesday, QC!~l>er)9,"~005"".___ at ...8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort win be made to resolve the issues in dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or pennanent 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 Dawn S. Sunday. Esq. Custody Conciliator V' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. An 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedti)fd Street Carlisle, Pennsylvania 170 I 3 Telephone (7 I 7) 249-3166 e~ ~ fL '17':nv~.? 50- "}1/ f ~ g ~ ~t, Yr? 9//1 q4.?;?/,(/ r Z ~ ~-AJSiP' 'f/p 'V1NV^lASNN3d A..l1~rm C'Y1HJ8V1ro to :2 Wd 91 d3S snnz Ai:lV10NOHlOcd 3Hl :lO 3::l1:J:\CKE11:l , RECEIVED' OCT 2 5 2005 , JOSEPH 1. SIPES Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYL vs. 05-3115 CIVIL ACTION LAW TAMMY 10 SIPES Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2. Go tt day of (I) L -t . ' 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No.1 ofthe Cumberland County Courthouse on the 114 day of cn~ ,2006, atL:.JQ..... o'clock-t-. m., at which time testimony will be taken. For pur6'oses of the earing, the Mother, Tammy Jo Sipes, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the parties shall share having legal custody and physical custody of the Children with the Father having custody every week from Monday morning through Friday at 6:00 p.m. and the Mother having custody from Friday at 6:00 p.m. through Monday before school. The parties agree that the Children shall be made available to go on hunting trips scheduled by the Father. BY THE COURT, J. ..~.11~~ 1l>/d7/oS- ~ q,dJ \D,j: cc: ~ole Staley O'Gorman, Esquire - Counsel for Father ~rcus A. McKnight, III, Esquire - Counsel for Mother ('" <. --~~ - --- ~ JOSEPH L. SIPES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05..3115 CNIL ACTION LAW TAMMY JO SIPES Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Randi Jo Sipes Ramie J. Sipes August 11, 1988 May 26, 1990 Mother/Father Mother/Father 2. A custody conciliation conference was held on October 19, 2005, with the following individuals in attendance: The Father, Joseph L. Sipes, with his counsel, Nicole Staley O'Gorman, Esquire, and the Mother, Tammy Jo Sipes, with her counsel, Marcus A. McKnight, III, Esquire. 3. This Court previously entered an Order in this matter on July 29, 2005 under which the parties had shared legal and physical custody (without a specific schedule) while they undertook family counseling with their pastor and his wife to improve communications and obtain information concerning the Children's preferences in the custodial situation. The Mother filed this Petition to Modify indicating that the counseling had not been successful and requesting that a specific custodial schedule be established. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing. 4. The Mother's position on custody is as follows: The Mother indicated that following entry of the July 29,2005 Order, for the remainder of the summer the parties' daughter lived with the Mother most of the time and the son lived with the Father most of the time with each party having substantial time with the other Child. The Mother stated that after school started the Father unilaterally terminated the shared arrangement and the Children have been living primarily with the Father since that time. . According to the Mother, the parties' daughter has expressed a preference to live primarily with her. The Mother raised concerns about the Father's supervision of the Children in his household. The Mother indicated that she now lives approximately 20 minutes from the Children's school, although she is not within the boundaries of the school district. The Mother proposed an equally shared arrangement which would effectively alternate the weekends and share the school weeks. 5. The Father's position on custody is as follows: The Father believes that it is important for the Children to reside primarily in his home during the school year to ensure stability and to maintain the Children's level of academic achievement. The Father believes that the Children prefer to reside in his household as they do not wish to be at the Mother's home when her boyfriend is there (denied by the Mother). The Father argued that the Children should have input as to their preferences in the custodial situation and the parties should honor those preferences. The Father expressed concern about his ability to force the Children to abide by a more shared arrangement. The Father seeks primary physical custody of the Children, at least during the school year. 6. It should be noted that a substantial portion of the conference was devoted to discussion of plans to have the parties initiate counseling for the Children to determine their preferences within the custodial situation by which both agreed to be guided. However, discussions broke down over disagreement on the temporary custody schedule pending completion of the counseling. 7. The conciliator recommends an Order in the form as attached scheduling a hearing and providing a recommendation for temporary arrangements pending the hearing which are based on the parties' representations at the present conciliation conference and the prior conference on July 26, 2005 as well as the existing Order providing for shared physical custody. Both parties disagree with the recommended schedule for opposite reasons. It is expected that the hearing will require at least one-half day. ()6k~ c:2- Y't ck:c.6 Date a,_J~ Dawn S. Sunday, Esquire Custody Conciliator Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH L. SIPES, vs. : NO. 05-3115 TAMMY JO SIPES, Defendant IN CUSTODY CIVIL ACTION - LAW PETITION TO MODIFY CUSTODY AND NOW, comes Joseph L. Sipes, by and through his attorneys, Purcell, Krug and Haller, and files the following Petition to Modify Custody: 1. Petitioner is Joseph L. Sipes (hereinafter "Father"), father of the minor children Randi Jo Sipes, (D.O.B 08/11/88) and Ramie J. Sipes, (D.O.B. OS/26/90), currently residing at 17 Allison Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Tammy Jo Sipes (hereinafter "Mother"), mother of the aforementioned minor children. Mother resides at 70 Mt. Rock Road, Lot 6, Shippensburg, Cumberland County, Pennsylvania] 7257. 3. Pursuant to an Order entered on or about July 29,2005, the parties share physical and legal custody of the children. Following a Petition for Modification filed by Mother, an Interim Order was entered on October 26,2005. Although the periods of physical custody have changed, the parties continue to share legal and physical custody of the children. 4. The best interest and permanent welfare of the children would be served by granting Father primary physical custody and Mother partial physical custody of the minor children. Since the entry of the original order, Mother has moved to a three bedroom mobile home, outside of the school district. It is believed and averred that during Mother's periods of custody up to four adults and the two minor children are residing in this home. Furthermore, the preference of both children, now ages 15 and 17 is to reside primarily with their father. For these and other reasons which will be set forth more fully at trial, the current order no longer serves the best interests of the children. 5. A January 11, 2006 hearing is scheduled before The Honorable Wesley Oler on the Petition previously filed by Mother. Petitioner respectfully requests that his Petition be heard at that time. WHEREFORE, Father respectfully requests this Honorable Court to modify the existing Custody Order as requested herein. PURCELL, KRUG AND HALLER .-- , I l 01 n Ie \ '/I / B ' , Y , , Nichole M. Staley ! lD #79866 ' 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney for Plaintiff/Petitioner Date: I J' I~U ,OV) 12/21/213135 11:,49 DEC-21-200S'11:38 .138131313131388131313813813888 PURCEll,KRUG,HALLER E><P~ESS I)JA\' PAGE 81 717 233 1139 P.01 VERIFICATION I, Joseph Sipes, hereby verify that the facts contained In the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: J ;) J..21 /r:D' CERTIFICATE OF SERVICE I, CA THI LErGH MCADAMS, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff/Respondent, hereby certify that service ofthe foregoing PETITION TO MODIFY CUSTODY was made upon the following via Regular First-Class Mail, Postage I <~/~2)~5 Prepaid on Marcus A. McKnight, III, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 --?rl('J --... ~~ ~v / ~ ~ ~ .1;:', ............ --...J' t-' '\-.> I...N <..f' \ U" cd r. M ....., C,";:";J ,~.::) C.i' c:;:) 01 " 1'.' N .- .." ::1- o -n -t :1: --n ;-11p -0 '~-n ~..};~:~\. "Ii :''') ;~m o (.,.) '-~, :1--- >:J -< JOSEPH L. SIPES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v, 05-3]]5 CIVIL ACTION LAW TAMMY 10 SIPES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Tuesday, January 03, 2006 , upon consideration of the attached Complaint, at ~,2"",:West Main Street, Mechanicsbur~, P A 17055 on Tuesday, January 31, 2006 , the conciliator, at 10:00 AM it is hereby directed that parties and their respective counsel appear before DOlwn S. Sunday, Esq. 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 issucs to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator " ~JIt The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our omce, 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249..3166 j1-141C'Y/PltJ ~fi '} l~T~vV AdO() ~u.rv<;?f)/) "1ttJ q- 7T3rc,LV LcbzJ ~"rfV3u -*10(:3/1 "1 'J '111 'H c_ lilir. L1u';n7 '\ . 1 i;.' ."1 'i ~ .I Ill", JOSEPH L. SIPES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v TAMMY JO SIPES, Defendant CIVIL ACTION - LAW 05-3115 CIVIL TERM IN CUSTODY IN RE: PETITIONS TO MODIFY CUSTODY CONSOLIDATED ORDER OF COURT AND NOW, this 11th day of January, 2006, the Order of Court dated January 3, 2006, scheduling a custody conciliation conference for January 31, 2006, with respect to the Petition To Modify Custody filed by Plaintiff, Joseph L. Sipes, and pursuant to a motion of Plaintiff's counsel, which has been opposed by Defendant's counsel, the Order of Court signed by Dawn S. Sunday, Custody Conciliator, dated January 3, 2006, is vacated, and a hearing with respect to the said Petition To Modify Custody is scheduled for January II, 2006, at 1:30 p.m., said hearing to coincide with the hearing on Defendant's Petition To Modify Custody. By the Court, Aarcus A. McKnight, III, 60 West Pomfret Street Carlisle, PA 17013-3222 For Plaintiff .~ 'y"J /"r '. {':Jl . (/ ) \~ "~"', r~_ r -. ".~. \.j Esquire .~, ~/ .~ ~~~ :mae ,)Jichole M, Staley 0' Gorman, 1719 N. Front Street Harrisburg, PA 17102 For Defendant t'l,,;"'J ,,,t\ In L".':':' ~);\\. J 1"' I; \ ,I \. r:' . J:) \, \....,'.. --------~.. .- JOSEPH L. SIPES, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY JO SIPES, Defendant CIVIL ACTION - LAW 05-3115 CIVIL TERM IN CUSTODY IN RE: PETITIONS TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 12th day of January, 2006, upon consideration of Defendant's Petition To Modify Custody filed September 13, 2005, and Plaintiff's Petition To Modify Custody filed December 22, 2005, with respect to the parties' children, Randi Jo Sipes (date of birth, August 11, 1988), and Ramie J. Sipes (date of birth, May 26, 1990), and following a hearing which commenced on this date, but has not yet been completed, the record shall remain open, and a further hearing in this matter is scheduled for Monday, July 10, 2006, at 9:30 a.m., in Courtroom Number I, Cumberland County Courthouse, Carlisle, Pennsylvania, without further Order of Court. It is noted that at the time of adjournment on today's date the case-in-chief of Defendant Tammy Jo Sipes had been completed, and Plaintiff, Joseph L. Sipes, had commenced his case-in-chief. At the time of adjournment, Plaintiff's counsel was subjecting Plaintiff to direct examination. It is noted further that at the time of adjournment Plaintiff's '.n 'J) r::: ,. (~j t,;:_: C0 -; ,.c' c:::" (>:) ,--... .... Exhibit 1 had been identified and admitted, and Defendant's Exhibit 1 had been identified and admitted. No other exhibits had been identified or admitted. Pending further Order of Court, the Order of Court dated August 26, 2005, shall remain in full force and effect with respect to its custodial provisions. By the Court, ,~rcus A. McKnight, III, Esquire . 60 West Pomfret Street Carlisle, PA 17013-3222 For Plaintiff ~chOle M. Staley O'Gorman, Esquire 1719 N. Front Street Harrisburg, PA 17102 For Defendant :mae ~0) ~ [ff~=~ r,OV \ l- . i ..J 0\ Plaintiff ,IAI~ 1 3 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH L. SIPES vs. 05-3115 CNIL ACTION LAW TAMMY JO SIPES Defendant IN CUSTODY ORDER AND NOW, this 12th day of Januarv.2006 , the conciliator, being advised by counsel that the parties are proceeding to hearing in this matter prior to the conciliation conference scheduled for January 31, 2006, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for January 31,2006 is cancelled. FOR THE COURT, ~~. Dawn S. Sunday, Esquire ,... Custody Conciliator Lf. :D 1:"1 G f<;Jr ltJ/.;, . ., JOSEPH L. SIPES, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY JO SIPES, Defendant CIVIL ACTION - LAW 05-3115 CIVIL TERM IN CUSTODY IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. Wesley Oler, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on January 11, 2006, in Courtroom Number One. APPEARANCES: ORIGINAL Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 For Defendant Nichole M. Staley O'Gorman, Esquire 1719 N. Front Street Harrisburg, PA 17102 For Plaintiff ,-... , ......., 00 :DIIW g- Nor 900Z IU''''iU'\''"'""''''::;'J :::11.1/ ../0 /I.u ""'-..." "".1. i J. ";"..." .... U. oJ jOJ-LiC'-G371:J . . INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Joseph Lee Sipes 82 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Tammy Jo Sipes 11 24 43 Randi Jo Sipes 49 54 59,61 60 Ramie J. Sipes 64 67 2 r-- /"'.., . FOR THE PLAINTIFF Ex. NO. 1 - schedule FOR THE DEFENDANT Ex. No. 1 - lease . INDEX TO EXHIBITS MARKED 92 12 3 ADMITTED 107 48 . . 1 THE COURT: Please be seated. This is the 2 time and place for a custody hearing in the case of Joseph 3 L. Sipes versus Tammy Jo Sipes at No. 05-3115 Civil Term. 4 We will let the record indicate that the mother is present 5 in court with her counsel, Marcus A. McKnight, III, Esquire, 6 and the father is present in court with his counsel, Nichole 7 M. Staley O'Gorman. This is the father's complaint for 8 custody. Ms. O'Gorman. 9 MS. O'GORMAN: Judge, there's actually two 10 petitions pending. If you want father to proceed, that's 11 fine. It was my understanding from the pre-hearing order 12 that mother would be the moving party. 13 THE COURT: All right. 14 MR. MCKNIGHT: Mother's prepared to go ahead, 15 Your Honor. 16 THE COURT: All right. And you say there are 17 two complaints for custody? 18 MS. o 'GORMAN: Yeah. Mother filed a petition 19 for modification, as did father. 20 MR. MCKNIGHT: And I think mother's is the 21 one that's at issue. Your's was recently filed; is that 22 correct? 23 MS. O'GORMAN: Well, it was filed following 24 mother's -- mother filed a petition requesting a more 25 particular shared physical custody schedule, and father 4 . . 1 filed a petition requesting primary physical. 2 MR. MCKNIGHT: And he just filed that, and 3 there's been a custody conciliation that's been scheduled 4 for January 31st on that petition. 5 THE COURT: Oh, I see. So that's not in 6 front of me at this time. 7 MR. MCKNIGHT: Our position is it's not. 8 MS. O'GORMAN: Well, Judge, I certainly think 9 in the interest of judicial economy it makes sense to do it 10 all now. The issues are exactly the same, and this is, I 11 mean, precisely the same debate from day one, where the 12 children would be on a primary basis. Really the only 13 reason we filed that petition is to formalize my client's 14 request. 15 THE COURT: Well, Mr. McKnight, do you have 16 any objection to treating that petition as an issue also? 17 MR. MCKNIGHT: I think we prefer, Your Honor, 18 to simply work on our petition. We wanted a formal 19 arrangement set up so that we knew where we stood. We have 20 a temporary arrangement, which we're fine with. We just 21 need a schedule for the summer. That's all we're looking 22 for. 23 MS. O'GORMAN: I think we're in a position of 24 having these parties back here before you in short order if 25 we don't deal with everything right now, and with all due 5 . . 1 respect to Attorney McKnight, the issue hasn't changed over 2 time. We discussed my client's request at the conciliation, 3 and I believe it's even referenced in the conciliator's 4 report. It was simply, you know, a matter of being 5 technically appropriate for my client to have filed this 6 petition after the conciliation. 7 THE COURT: I'm looking for a copy of the 8 father's petition. I don't actually see it in the file. 9 MR. MCKNIGHT: It's probably elsewhere 10 because it was sent to the conciliator. 11 THE COURT: I see the petition that the 12 mother filed to modify custody, but I don't see the petition 13 filed by the father. 14 MS. O'GORMAN: I have -- here I have a copy 15 of it. 16 MR. MCKNIGHT: What was the date it was 17 filed? 18 MS. O'GORMAN: The time stamp is December 22. 19 MR. MCKNIGHT: Of last year? 20 MS. O'GORMAN: Yeah, last year. Does the 21 Court want a copy? 22 THE COURT: I'm not prepared for this issue 23 so I'll have to take a recess and look at the petitions and 24 see if they are substantially similar in terms of the issues 25 that they raise. We'll take about a 15 minute recess. 6 . . 1 (Whereupon, a recess was taken at 1:37 p.m. 2 and court resumed at 1:48 p.m.) 3 THE COURT: We will let the record indicate 4 that the Court has reconvened in the case of Sipes versus 5 Sipes. I have reviewed the Petition To Modify Custody filed 6 by the father in this case on December 22, 2005, and believe 7 that these two matters should be consolidated for purposes 8 of the hearing on custody. Has there actually been an order 9 referring the father's petition to the custody conciliation 10 process? 11 MS. O'GORMAN: There has, Judge, and I have 12 contacted Dawn Sunday's office and asked them to cancel 13 that. If there's something else the Court would like me to 14 do, I would be happy to do it. 15 THE COURT: Was there a date on that 16 referral? 17 MR. MCKNIGHT: Here's the order that was 18 issued, Your Honor. 19 THE COURT: All right. We will enter this 20 order: 21 AND NOW, this 11th day of January, 2006, the 22 Order of Court dated January 3, 2006, scheduling a custody 23 conciliation conference for January 31, 2006, with respect 24 to the Petition To Modify Custody filed by Plaintiff, Joseph 25 L. Sipes, and pursuant to a motion of Plaintiff's counsel, 7 . . 1 which has been opposed by Defendant's counsel, the Order of 2 Court signed by Dawn S. Sunday, Custody Conciliator, dated 3 January 3, 2006, is vacated, and a hearing with respect to 4 the said Petition To Modify Custody is scheduled for January 5 11, 2006, at 1:30 p.m., said hearing to coincide with the 6 hearing on Defendant's Petition To Modify Custody. 7 (End of order.) 8 THE COURT: All right. 9 MR. MCKNIGHT: May it please the Court, our 10 evidence will be the testimony of the mother, Tammy Jo 11 Sipes, and then the children in chambers. And I'll call my 12 first witness, Tammy Jo Sipes. 13 THE COURT: And initially have counsel been 14 able to reach an agreement on some stipulated facts to 15 facilitate expedition of the hearing? Mr. McKnight, do you 16 want to recite the stipulations? 17 MR. MCKNIGHT: Yes. The stipulations are 18 that the mother is Tammy Jo Sipes. Her address is 70 Mount 19 Rock Road, Lot 106, Shippensburg, Pennsylvania, 17257. Her 20 date of birth is -- 21 THE COURT: Wait. Is that Cumberland County, 22 Pennsylvania? 23 MR. MCKNIGHT: That's Cumberland County, 24 Pennsylvania. 25 THE COURT: All right. 8 . . 1 MR. MCKNIGHT: Her date of birth is February 28th, 1964. She currently serves as a shipping and receiving 3 clerk for Industrial Harness Company in Shippensburg, 4 Pennsylvania. Joseph L. Sipes, his address? 5 MS. O'GORMAN: 17 Allison Drive, 6 Shippensburg, Pennsylvania, Cumberland County. 7 MR. MCKNIGHT: His date of birth is April 8 22nd, 1963. He is a shop foreman for what company? 9 MS. O'GORMAN: Heartland Express. 10 MR. MCKNIGHT: Heartland Express. The 11 parties were married on June 10th, 1986. They were 12 separated December 18th, 2004. A divorce was filed 13 basically in April of 2005. The names and birth dates of 14 the children are Randi Jo Sipes born 8/11/1988, and Ramie J. 15 Sipes born May 26, 1990. There is an older child who's 16 living with the mother who has reached the age of majority. 17 That's Ryan Joseph Sipes. His birth date is 11/14/1986. 18 Generally speaking, there is a shared custody arrangement, 19 as described in your order that set up this hearing, 20 conciliation report, and order. 21 THE COURT: What was the Order of Court 22 before that that both parties are seeking to modify? 23 MR. MCKNIGHT: The prior order provided for 24 shared legal and physical custody, but the specific 25 arrangements were to be established by agreement of the 9 . . parties. 1 2 3 MR. MCKNIGHT: And that date was July 29th, 2005. 4 THE COURT: All right. 5 MS. O'GORMAN: And one point of 6 clarification, the divorce action was filed June 16, 2005. 7 THE COURT: The action was filed or the 8 divorce was entered? 9 MR. MCKNIGHT: The divorce was filed 10 MS. O'GORMAN: No. It's pending. 11 THE COURT: Oh, the divorce is still pending? 12 MS. O'GORMAN: It is. 13 THE COURT: Oh, I see. So there is no -- the 14 parties are still married? 15 MS. O'GORMAN: Correct. 16 MR. MCKNIGHT: The parties are still married. 17 THE COURT: I see. All right. And neither 18 party has any other children; is that correct? 19 MS. O'GORMAN: Correct. 20 MR. MCKNIGHT: No other children except for 21 the three of this marriage, and one has reached the age of 22 majority. 23 THE COURT: All right. Ms. O'Gorman, are you 24 able to stipulate to all of those facts? 25 MS. O'GORMAN: Yes. 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 . . THE COURT: And, Mr. McKnight, are you able to stipulate to all of those facts? MR. MCKNIGHT: Yes, Your Honor. THE COURT: All right. Mr. McKnight, would you call your first witness, please? MR. MCKNIGHT: We call Tammy Jo Sipes to the stand. Whereupon, TAMMY JO SIPES having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. MCKNIGHT: Q Would you state your full name for the record, please? A Tammy Jo Sipes. Q Now we stipulated as to your address. When did you move to that location? A October 1st, 2005. Q Okay. And what sort of -- are you renting? A Yes. Q What sort of arrangements do you have there? How large is the place you're renting? A It's a 14 by 70 mobile home. Q 14 by 70? A Urn-hum. 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 . . Q Okay. (Whereupon, Defendant's Exhibit No.1 was marked for identification.) BY MR. MCKNIGHT: Q Exhibit No. lo A Q A Q I'll show you for identification Defendant's Could you identify that for us? It's my lease agreement. And who is the landlord? Shane Kline. Okay. And how many bedrooms does this mobile home have? A Three. THE COURT: Is this a picture or a lease of some kind? MR. MCKNIGHT: It's a lease. THE COURT: It's a lease. I see. BY MR. MCKNIGHT: Q Three bedrooms. And who resides with you at that location currently? A My son and his girlfriend and me. Q Okay. Now, what current arrangement do you have with your other children? A They come Friday night and leave Monday mornings. Q And is that during the school year? 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 . . A Yes. Q Okay. This past summer when you had custody of the children, would you have a much more flexible schedule? A Yeah, because we were just letting the kids do what -- you know, when they wanted to come or be wherever they wanted to be. Q And how often would the children be with you during the summertime? A Ramie, maybe a couple of days, and my daughter most of the time. Q Okay. So your daughter, her name -- her full name is? A Randi Jo Sipes. Q Okay. And this past summer she spent a significant amount of time with you; is that right? A Yes. Q Would you tell the Court how much time she spent with you during -- on an average week? A Probably four or five days a week. She worked with me. Q Okay. And where did your son work? A He worked with me too, as well. Q So both children worked with you, and what was the name of the facility? 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 . . A Industrial Harness Company. Q What did your daughter do at Industrial Harness? A She builds electrical harnesses. Q Okay. And what does an electrical harness do? A An electrical harness 1S what we build. They're made for Ingersoll-Rand, for big pavers, it's maybe about 60 pounds, and she was the -- she built her own harness. She had her own board to build a harness. Q Okay. And what are your responsibilities at the company? A I run the shipping and the receiving department. Q And what are your normal hours at work? A 8 to 4:30. Q Now, the two children come to visit with you periodically; is that correct? A Yes. Q What grade is your daughter in? A She's a senior, 12th grade. Q And what school district does she go to? A Big Spring. Q Does she go to high school? A Yes, Big Spring High School. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And how about your son? What grade is he in? A He's in 10th grade at Big Spring High School. Q Okay. Do you have a good relationship with both your children? A Yes. Q Now, during this school year when they first began to when it first began, was there a problem with them coming to see you? A Yes. Their father told them they weren't allowed to come stay with me through the week. Q And did the children explain why that was said to them? MS. O'GORMAN: Objection. THE COURT: On what ground? MS. O'GORMAN: It calls for a hearsay response. THE COURT: All right. Mr. McKnight. MR. MCKNIGHT: I think she's perfectly able to indicate what the children were saying to her about the children coming to be with her. THE COURT: All right. The objection is sustained. BY MR. MCKNIGHT: Q Did the children actually stop coming for a period of time? 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 . . A Yes. Q How long was that period? A Until we filed for the conciliation with Dawn Sunday. Q Okay. And THE COURT: I don't know when that would have been without looking at the record. What date are you talking about? THE WITNESS: September. BY MR. MCKNIGHT: Q The custody conciliation was held in October; is that correct? October of 2005, the 19th? A Yes. Q Okay. So from September to October the 19th there was a problem with them coming to be with you through the week; is that correct? A Yes. Q And once the order was put in place then they came to see you on a regular basis; is that correct? A Yes, and I was lenient with my son. Q You were lenient with your son about when he came? A Right. Because he likes to hunt with his dad. So I was lenient and didn't make him be there. I had Fridays until Mondays, and if he wanted to hunt with his 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 . . dad, I didn't, you know, interfere with that. I left him do what he wanted to do with his dad with the hunting. Q Now, how long had you lived with your husband in the marital home where he lives? How many years had you been there? A Seventeen years. Q Okay. And how far -- much further away from the school is your mobile home now from the marital home? A From the marital home? Q Yes. A Ten minutes. Q About five minutes? A Ten minutes. Q Ten minutes. And how far is it from school -- from your trailer to the school? A Twenty minutes. Q How do the children when they're with you, how do they get back and forth to the school? A Well, they leave Monday mornings, and they go down to their house because they pick up the neighbor boy and take him to school as well. They leave my house at 6:30 in the morning. That gives them an hour to get to school and get home. Q Okay. So does your daughter drive? THE COURT: What school district are you in? 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 . . THE WITNESS: I'm in Shippensburg School District. THE COURT: And the children go to Big Spring School District? THE WITNESS: Yes. THE COURT: All right. BY MR. MCKNIGHT: Q And the transportation is provided by you or your daughter? A Either one. If she brings a car, if not, she doesn't have her car. So if she brings her car she drives back down, and there's been some weekends I have taken her back down. Q Okay. So you provide transportation when need be to school? A Right. Yes. Q And how about picking them up from the school? Are you able to do that? A I don't get them until 6:00. So I either pick them up or she brings her car. Usually it's just her Friday nights because of hunting Saturday mornings. Q Okay. Now, what is it that you would like to see happen with the children? What would you -- if you had your preference, what would you want to see in terms of them spending time with you? 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 . . A I like the arrangement as it is now. I'm lenient with my son because, you know, he does like to go hunting with his dad, you know. And Joe had a problem with on the school nights, and I agreed with that. So I have no problem with the way things are set up. I get them Fridays to Mondays, and he gets them Mondays through Thursdays. I have no problem with that, and I understand the school situation. I couldn't afford anything in the Big Spring School District. Q Okay. A That's why I am at where I'm at now. Q Okay. Now, during the summertime where will the children work, do you anticipate? With me at Industrial Harness. Both children will be working with you? The last we talked, yes. Just over the A Q A weekend, yes. Q summer? A Q summer? A Q What sort of job did your son have this past He was my assistant. And do you anticipate the same job next Yes. And in our memorandum we've talked about a week on, week off. Is that what you're anticipating? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A In the summer? Q Yes? A That would be good. Q Now, you are concerned about the situation at your husband's home, the marital home? A Yes. Q What are your concerns? A Just things that the kids have been upset about. He's not home enough. There's no food in the house. They'll call me, you know, or they'll stop up on the way home from somewhere to grab something to eat or whatever, or I'll give them money to get something to eat, and they, you know I worry about their time with their dad. Why he doesn't come home until 9:30 at night, I don't know, you know. They're upset with, you know, daddy's never home, we never have nothing to eat, you know. MS. O'GORMAN: Objection. THE COURT: On what ground? MS. O'GORMAN: Hearsay. THE COURT: Mr. McKnight. MR. MCKNIGHT: Again, we're just reporting what the children have said. We're not proving the truth of whether or not that's accurate. THE COURT: What would be the purpose then of the evidence? 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MR. MCKNIGHT: Well, the purpose simply is to explain that the children are upset and why they're upset. THE COURT: All right. The objection is sustained. BY MR. MCKNIGHT: Q What do you do to try and fill the gap? Do you check on the children to make sure that someone's home with them when they're up at the other home? A I talk to my kids every day. I call them every night or they call me. Q Okay. And do you make available extra food for them if they're hungry? A Yes. Q And they drive down, and they come down to see you even if it's his night of custody? A Yes. Q How often does that happen on the average week? A Maybe one or two days a week. It's usually my daughter the most. Q Okay. One or two days a week she comes down to get extra food or spend time with you during his period of custody? A Yes. Q How are the children doing in school? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Randi's doing good. Ramie's just a typical C, D student. A typical what? C and D student. C and D? THE COURT: THE WITNESS: THE COURT: BY MR. MCKNIGHT: Q Does your daughter have plans when she graduates from school? A Yes. She's going to Penn Tech in Williamsport, Pennsylvania. Q And what is her major going to be there? A Radiology. Q Okay. She wants a career then in the medical field; is that right? A Yes. Q Have you worked with her and made applications for that sort of schooling? A Yes. Q Who's been most involved in their schoolwork and making sure that their work is done and they're doing their best? You or your husband? Who's most involved with those things? A Well, I talk to them every evening. I find out if they have their homework done. I mean I'm not sure what Joe does, you know, at home. When I lived there, I was 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . the parent that ended up doing everything. Q Okay. Now, you indicated by stipulation that you were separated back in December of 2004; is that correct? A Yes. Q What were the circumstances? Why were you separated? What happened? A I was having an affair because there was a lot of things going on in the past 6 years, and my husband had started cheating on me, and I kind of got a little hurt and depressed and a lot of games were played in our bedroom, and he wanted me to have a lover, and I thought if I didn't do it he would cheat on me again, so I did it. Q So this was his suggestion, that you do this? A Yeah. Q And then how is it that you had left the marital home? A He threw me out. Q Okay. And you have tried to go back on several occasions -- A I went back in the mornings to see my children, and he would push me out the door or call the cops on me. Q Okay. So it's been difficult these past 2 years? 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q Okay. And so you filed this most recent petition when -- well, when you couldn't see the kids in September? A Yeah. Q Okay. Is it important that you maintain a regular relationship with both your younger children? A Yes. They're my whole life. MS. MCKNIGHT: Okay. Those are all of the questions that I have, Your Honor. THE COURT: All right. Ms. O'Gorman. CROSS EXAMINATION BY MS. O'GORMAN: Q Ma'am, until you and your husband separated, the children have lived all their lives in the former marital home, correct? A Yes. That's their home. Q And in the last year since you left the marital home, you have resided in three different residences. Is that fair to say? A Well, I had to find a place to survive, ma'am. Q Well -- so the answer is yes? A My family was an hour and a half away. I didn't have anybody. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q The answer to my question is? A Yes. Q You initially lived with a friend for a few months? A For 5 months. Q And then you rented a home? A I got sick. I couldn't afford to pay my friend rent anymore. I was off work for 2 months. Q So you rented a home after you left her home? A Not right away. Not until October. I stayed with another friend. Q Okay. So you stayed with a friend, and then another friend? A Q A Q is located in correct? A Q Urn-hum. And then you're now renting a trailer, right? Right. And the trailer that you presently reside in a trailer park community in Shippensburg, Yes. Okay. And you said that's a 3 bedroom trailer. There's only 2 rooms with beds in that trailer, correct? A The one room has two beds in it. Q All right. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A A single bed and a double bed, and then I have another bed. There's another bed in the other room. Q Is there a third room with a bed in it? A Yes, and then I have my room in the back, and two bathrooms. Q When your youngest two children, Randi and Jake come to stay with you, they sleep either on your couch or on a cot in the living room, correct? A That's where they want to sleep. They watch movies or they sleep in their bedrooms. Q Well, there's no separate bedroom for Randi and Jake though, right? A No, because my son -- my son's girlfriend goes to her home on the weekends. So my son shares with Jake, and then Randi has her room, but they usually do sleep out in the living room because they either have their friends there or they want to watch movies. Q Is it your testimony that there's a third bedroom set aside for them? A Well, not together. My son and my oldest son have one, and then my daughter has one. Q There is a bedroom? A Yes, there is a bedroom. THE COURT: Now, wait, wait. You must let the attorney finish the question or the record won't make 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . any sense. Do you want to start the question again? BY MS. O'GORMAN: Q Is it your testimony that there is a separate bedroom for your daughter? A Yes. Q And that's a different bedroom, a third bedroom in addition to the one -- A Yes. THE COURT: No. I'm sorry, but you must let the attorney finish the question. Start the question again. BY MS. O'GORMAN: Q There's a bedroom that you sleep in? A Yes. Q There's another bedroom that your son and his girlfriend sleep in; is that correct? A Yes. Q And there is a different bedroom that your daughter sleeps in? A Yes. Q That's your testimony? A Yes. Q Okay. And you're not referring to the living room as a bedroom, correct? A No. Q Are there occasions, ma'am, when -- well, are 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . you involved with another gentleman at this stage romantically? A Yes, I do have a friend. Q Okay. And is that gentleman's name Roy Weaver? A Yes. Q And Mr. Roy Weaver spends nights in your home, correct? A Yes. Q How many nights a week is Mr. Weaver spending in your home? A Weekends. Three or four. Q Three or four nights a week? A Urn-hum. Q And you've been involved with Mr. Weaver since you separated from your spouse, correct? A After we separated for the first couple months, no, we weren't involved. We still spoke, but we weren't involved until later on in the year. Q Well, Mr. Weaver was the gentleman you were having an affair with at the time of your separation, correct? A Yes. Q How long has your daughter Randi been a licensed driver? 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A For about a year. Q And in that time she's had one auto accident, correct? A Yes. Q And that occurred on the way to school? A Yes. Q And since that time, she's also been observed speeding on her way to school, correct? A What do you mean speeding on her way to school? Q Well, are you aware that she speeds to school in the morning, that that's been an issue lately? A No, I was never told that. Q Would you agree that in order for Randi to continue to keep her driving privileges she needs to demonstrate that she's a responsible driver? A Where did this come from? I was never told that. I would expect my husband would tell me these things, but I don't get told. Q If you could answer my question. A I didn't know. Q My question is, do you agree that in order for Randi to maintain her driving privileges she needs to be a responsible driver? A I agree with that, if that's what's going on. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And do you also agree that she shouldn't continue to drive herself and your son to school if she can't be a responsible driver? A If that is the case, yes, I would agree with that. Q And school bus transportation is not available from your home. Is that fair to say? A Well, it was before. It still is. There's still kids in that lane that still go to school. Q You can -- your children can take a bus from your res A Yes, they can. THE COURT: Wait, wait. You must let the attorney finish the question. Start the question again. BY MS. O'GORMAN: Q Is it your testimony that your children can take a bus from your present residence to Big Spring High School? A No. Q They cannot do that? A No. Q And if Randi is not able to drive the children to school in the morning, a bus is how they will need to get to school; is that correct? A Or I could take them to school. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Okay. Presently how many days a week are you taking the children to school? A They're not with me through the week. They're with their father. Q But you're available to do that? A Yes, I am. Q And again, just please be aware, you need to let me finish my question before you start. Your son is 15 right now, correct? A Yes. Q And he will not be eligible to get his own driver's license until late November next year at the earliest; is that correct? A Right. Q All right. So certainly, as to next year, other arrangements for his transportation for school are going to have to be made, correct? A Correct. Q Is it your testimony then that you're going to be the one driving him to school if he would be at your home on school mornings? A Yes. Q And did I understand your earlier testimony that you at this stage you have no plans to move back into Big Spring School District? 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Not until my year lease is up. Then I can look. It's just getting something that I can afford. Q Do you have any -- has there been any discussion at this stage about moving to an apartment in Shippensburg? A By me? Q Right. A No. Q So for the foreseeable future you're planning on living in the trailer? A Yes. Q With respect to Mr. Weaver, do you know at this stage what you anticipate your relationship to be with him in the foreseeable future? A No. Right now he's just a friend to me. Q Okay. But certainly no plans to marry then; is that fair to say? A No. Q Does Mr. Weaver have children of his own? A Yes. Q And how old are his children? A Seventeen, thirteen, and a year old. Q Does he exercise custody with any of his children in your home? A No. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You would agree, wouldn't you, ma'am, that Mr. Weaver is an alcoholic? A No. Q Well, does Mr. Weaver drink to the point of intoxication in your presence? A No. Q That's never happened? A No. Q How much does Mr. Weaver drink in the course of a week, if at all? A He drinks well, before January 1st he drank probably two or three beers a night, but he has not drank since January 1st, and I quit smoking as of January 1st. Q Was Mr. -- in your opinion, was Mr. Weaver an alcoholic before January 1st? A No. Q Did he drink to excess before January -- or did he drink to the point of intoxication before January 1st? A No. Q Are you aware that your children have smelled alcohol on his breath when he's come to pick them up on occasion? A He's never picked my children up. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You're aware, aren't you, ma'am, that your son is an avid hunter and an outdoor person in general? A Yes. Q And he enjoys spending time outside at the former marital home, whether it's hunting -- or I believe it's a dirt bike that he rides? A Four wheeler. Q Four wheeler. But basically this is a kid who spends a lot of time outside, correct? A Yes. Q And your -- the location in which his father lives is a relatively rural community, correct? A Yes. Q And you are presently residing in a trailer park. There's not a lot of wide open space in that community, correct? A No. That's why I'm lenient with him spending time with his dad. Q And there have been some occasions recently where your son has gotten himself into a little bit of trouble because he's wanted to do his outdoor activities in your community? A In my community? Q Yes. A Yes. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Yeah. A And in his father's community. Q Well, in fact, he was recently in trouble for trying to trap animals in your trailer A He wasn't in trouble. Q park -- THE COURT: Wait, wait. What's the question? By MS. O'GORMAN: Q He was recently in trouble for trying to trap animals in your trailer park? A He didn't get anything out of it. I got fined for that. Q Do you know whether or not your son attempted to do this? A Yes. Q Yes, he did attempt to do it? A Yes. It was in the farmer's field behind me. Q Since October, when the custody conciliator recommended the current physical custody schedule that we now have, is it fair to say that you've had some difficulty getting your son to come to your house every weekend as is proposed by the order? A Sometimes. I mean hunting season for him is all the time, you know, but then he usually will come up and he'll stay a couple nights. Like Monday and Tuesday or 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . whatever. He'll make it up with me. Q And there have been occasions when the two of you have gotten into an altercation over his desire not to come to your house, correct? A Who got into altercations? Q You and your son? A Well, I would just be upset if he told me he'd be there at a certain time and he doesn't show up, and then I would try to find out where he is, and nobody knows where he's at. Q Well, on at least one occasion you struck your son after he refused to come to your home; is that correct? A I never hit my son. Q At thi~ stage though you're not coming to pick him up at his father's home every weekend, correct? A He'll call me and tell me he's going hunting the next day, and I allow him to do it. Where I have a problem is when I'm lied to, and they don't go hunting. Q You would agree, ma'am, that since the current interim order was entered that your husband has been flexible in allowing the children to come to your home at times when the order doesn't require him to do so, correct? A My daughter and my son, yeah. The same as I've been lenient with Ramie. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q In fact, on Thanksgiving he allowed them to spend time in your home even though he wasn't required to do that? A Yeah. I allowed him to have them Christmas too, the whole weekend of Christmas. Q You would agree, wouldn't you, that the communication between you and your spouse as it concerns the children or any issue is not that great? A I try. I get hung up on. Q Well, my question was -- how would you rate the quality of the communication between the two of you? A Not good. Q And when the two of you attempt to speak about the children, there's usually a fight that ensues, correct? A Yeah, most of the time. Q It was suggested at the last conciliation that the two of you entertain some family counseling to help you work through those issues. Do you recall that? A Yes. Q And at that time you refused to go to family counseling, correct? A That him and I would go to family counseling? Is that what you said? A Particularly the two of you, but possibly the 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . children too? A We did that. Q Following the last conciliation -- you haven't been to any family counseling since the last conciliation, correct? A Right. Q And at the last conciliation in October it was suggested that you continue some family counseling, correct? A I thought it was for the children. I didn't know it was for me and Joe. I misunderstood that then. Q You don't recall indicating at the time that you did not want to participate in any additional family counseling? A No. I thought it was for the children. I didn't know it was for Joe and I. Q As we sit here right now, are you willing to participate in family counseling? A Yes. Q We've stipulated that your daughter is 17 years of age and your son is 15, correct? A Correct. Q Both of your youngest children have boyfriends and girlfriends, correct? A Correct. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And there are occasions, ma'am, when you allow the two of them to have their boyfriends or girlfriends stay overnight in your horne, correct? A Well, Ramie's girlfriend is my daughter's best friend. So she stays sometimes, but JC has never spent the night at my house, which is my daughter's boyfriend. Q And you're aware that Mr. Sipes, your husband, and father of these children, is adamantly opposed to these overnight visits with boyfriends and girlfriends, aren't you? A Okay. I can understand that, but I'm adamantly opposed that when they're there alone after school they're there until 8:30, 9:00 alone with their boyfriend and girlfriend. Q I'm THE COURT REPORTER: Wait. You're both speaking at once. THE COURT: We'll take a 10 minute recess, and I'll ask counsel to advise their clients -- there's no way the stenographer can take down two voices. We'll take a recess. (Whereupon, a recess was taken at 2:26 p.m. and court resumed at 2:40) AFTER RECESS (Whereupon, Tammy Jo Sipes resumed the 39 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 stand.) . . THE COURT: Ms. Sipes, you're still under oath. Ms. O'Gorman. CROSS EXAMINATION (CONTINUED) BY MS. O'GORMAN: Q Ma'am, my last question to you was you are aware, are you not, that your husband disapproves of your practice of allowing at least any boyfriend or girlfriend of your children to sleep over in your home, correct? A What was the question? Q Are you aware that your husband disapproves of that practice? A No. We don't talk so no. Q You think he approves of it? A She spent the night one time with my daughter. Q My question is, do you believe your husband approves of that? One of them stayed there at the house. So I That's honest. I don't know. I'm sorry. Your answer was? I don't know. But prior to that you said your husband let's A don't know. Q A Q them? A Well, Jackie spent the night at our house 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . down there. Q Oh, you're talking about the home that your husband resides in? A Yes. Q It's your impression that Jackie, who is your son's girlfriend? A Urn-hum. Q Is spending the night in your husband's home? A Urn-hum. Q If I were to tell you that your husband does not approve of boyfriend, girlfriend sleep-overs, in the future would that alter your decision to allow it? A I would consider it, yes, but it's also my daughter's friend. Q Your -- so your daughter's friend your daughter's boyfriend is also your son's friend. Is that what you're saying? A Yes. Q But your daughter's boyfriend is staying overnight at your home when your son's not there. Is that fair to say? A No. JC is not spending the night at my house. Q Who -- I'm confused then. Who is spending the night in your home? 41 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 Jackie stayed at my house one time. Q Jackie is your son's girlfriend? A And my daughter's best friend. Q Okay. And Jackie is spending the night in your home when your -- when both your son and daughter are there? A Yes. On the weekends. We watch movies and make pizza and stuff like that. I'm there at all times. Q You testified earlier that you were thrown out of the marital home? A Yes. Q Isn't it correct that you and your husband came to a mutual decision that you would leave after he found you in a romantic encounter with Mr. Weaver? A That morning that that happened, I ended it with Mr. Weaver. It was just a fling, and I went back to my home, and that is when I was thrown out. Q Well, in reality though, you weren't thrown out, you and your husband agreed that you would move out; isn't that fair to say? A I was thrown out, and my husband packed my clothes, and my son loaded them in the trunk of my car, which they're still in the trunk of my car. Q So you dispute that you agreed to leave? A No, I did not agree to leave. 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MS. O'GORMAN: No further questions. THE COURT: Mr. McKnight. MR. MCKNIGHT: Just a couple follow-up. REDIRECT EXAMINATION BY MR. MCKNIGHT: Q You've indicated that you are very liberal with your son about hunting; is that correct? A Correct. Q Now, are there occasions when he indicates that he's going hunting with his dad, and you find out he hasn't? A Yes. Q How often has that happened? A A couple times. Q Do you let him know that you don't like being lied to? A Yes. Q And if I understand this line of questioning about boyfriends and girlfriends, they do come to your home and they watch movies together; is that right? A Correct. And I'm there with them. Q Has your daughter's boyfriend ever spent the night? A No. Q Has your son's girlfriend ever spent the 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . night? A One time. Q Are you aware if your son's girlfriend ever spent the night at your husband's house? A Yes. Ramie had told me on New Year's Eve that Jackie stayed with him there. Q Okay. A Because I was supposed to have him, and I left him there with his dad, and Jackie spent the night with him there. Q Okay. Now, you've indicated there are times when the children have spent additional times with you because they are having problems at -- with their father; is that correct? A Correct. Q Can you give us any examples? Was there any time in November, for example, when your daughter spent MS. O'GORMAN: Objection, Your Honor. This is beyond the scope of my cross examination of this witness. THE COURT: The objection is overruled. BY MR. MCKNIGHT: Q Are there any times in November when your daughter spent additional time with you? A There was a week -- I think it was the second week in November that my daughter stayed with me because her 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . and her dad wasn't getting along. Q And when you say she spent the week with you, what period of time are you talking about? A The time when she was supposed to with be her dad. Q So that would have been Monday through Thursday? A Monday through -- yeah. Yes. Q Okay. And in your household does anyone smoke or drink? A No. Q Is that true in your husband's household? A I don't know. He used to drink beer. Q And as far as you know, your daughter is safely getting back and forth to school; is that correct? A Yes. Q And you said you were fined because your son trapped on the farmer's land next to you; is that right? A Yeah. Him and JC, who is my daughter's boyfriend, which they're best friends there's a farmer behind me, and they had put a trap a little box trap with a little hole in it about this big back along his fence. Q What were they trying to trap? What animal? A He said weasels, but I don't know nothing about it. I just know JC's mom brought the trap over and 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . they went into the field and did their thing, and then someone found it, the Game Commission was called in, and he talked to Ramie. Well, I guess he talked to Joe on the phone, and then I just took full responsibility for it. Q Okay. What was the fine that you ended up paying? A $500.00. Q $500.00? A Yes. Q For trapping weasels? A Urn-hum. For my son trapping weasels. Q Okay. A But I didn't want him to lose his license or anything. So I just took full responsibility because I was the adult. Q Now, has he had other problems with hunting or trapping at the marital home with your husband? A Yes. Last spring he was caught with a four wheeler with a gun with JC, and they were both fined. Q You didn't pay that fine, did you? A No. MR. MCKNIGHT: Those are all of the questions that I have. THE COURT: Ms. O'Gorman. MS. o 'GORMAN: Nothing further. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . BY THE COURT: Q What is your educational background? A Mine? Q Yes. A High school graduate and two year business college, associate degree. Q An associate degree from where? A It was Palmer Business School in Harrisburg. Q And this Roy Weaver -- there used to be a man that worked for the courthouse named Roy Weaver. Is that the same person? A Not that I know of. He drives a truck. THE COURT: I see. Okay. Any other questions by counsel? MR. MCKNIGHT: No, Your Honor. MS. O'GORMAN: No. THE COURT: All right. You may step down. Thank you. MR. MCKNIGHT: Our final witnesses would be the children, Your Honor. Otherwise, we would rest. We would ask for the moving of our Exhibit 1, the lease. THE COURT: Ms. O'Gorman, do you have any objection to the admission of Defendant's Exhibit 1? MS. O'GORMAN: I don't, Your Honor. THE COURT: Defendant's Exhibit 1 is 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . admitted. (Whereupon, Defendant's Exhibit No.1 was admitted into evidence.) THE COURT: Now, Mr. McKnight, do you want the attorneys present in chambers with the Court outside the presence of the parties for purposes of the Court's interview with the children? MR. MCKNIGHT: Yes. THE COURT: And, Ms. O'Gorman, is that satisfactory to you? MS. O'GORMAN: Yes. THE COURT: All right. We will recess and resume in chambers with the first child. (Whereupon, the following testimony occurred in chambers:) THE COURT: THE WITNESS: THE COURT: Hello. How are you? I'm good. My name is Wes Oler, and as you know, your parents are involved in a custody case because each wants to spend more time with you. So you may be asked for your preference as to where you spend most of your time. It's entirely up to you whether you answer that question. You can just say I don't want to say, it's my business and nobody else's, or you can express a preference. It's up to you. If you do express a preference, I'll certainly take 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . that into consideration. I can't promise to do exactly what you want because that's just one consideration, but I'll certainly take it into consideration. Would you raise your right hand, please? Do you swear or affirm that the statements you give today will be the truth, the whole truth, and nothing but the truth, so help you God? THE WITNESS: Yes. Whereupon, RANDI JO SIPES having been duly sworn, testified as follows: By THE COURT: Q And what is your full name? A Randi Jo Sipes. Q And where do you live? A Most of the time I live with my dad, and on weekends I go spend the weekends, Fridays to Mondays, with my mom. THE COURT: All right. This is Mr. McKnight, who represents one of your parents, and Ms. O'Gorman, who represents the other, and they may have some questions for you. Mr. McKnight. DIRECT EXAMINATION BY MR. MCKNIGHT: Q Okay. Do you have a good relationship with 49 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 . . mom? A Urn-hum. Q You're saying yes? A Yeah. Q Okay. And are there times when -- I think in November you spent an extra week with mom; is that right, when you and your dad had a disagreement? A Yeah. November? Q Urn-hum. A I know there was a disagreement that I spent more time with her because I was upset. Q Okay. Do you remember what the disagreement was about? A Not exactly. Q Okay. Are there times when dad doesn't get home from work until 8:30 or 9:00 at night when you're down at his house? A Yes. Q How often does that happen? A During the week usually he gets home around 7:30, 8:00, but there was a week or two where he was getting home around 9 or a little later, and that's when I went -- stayed with my mom a little bit more. Q Are there ever times when you run out of food at dad's house and have to call up mom and get some help? 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Sometimes. Me and my brother eat a lot. So there's not I mean there's times when we need to get groceries and dad's working and it's during the week and we understand that he doesn't have time to go to the grocery store, but we usually just go up to mom's for dinner. Q Okay. So in a perfect world what would you like to see happen during the school year in terms of where you spend your time, if it were up to you? A It's nice at my house where my dad lives because it's close -- I mean I don't mind staying with my mom and then driving to school, but then I have to pick up Ramie because Ramie never wants to stay with me at mom's. So that's kind of bad. And during the school year, if I could keep it the same, like spend weekends -- or like Fridays to Mondays with my mom, I have no problem with that. I actually like that because I get to see her like during the week every week, and that's about it. Q Okay. THE COURT: What time on Friday are you talking about? THE WITNESS: Usually after school I have lifting. So after lifting I go to my mom's at probably around 5:30, 6. THE COURT: THE WITNESS: And then on Monday? Monday I stay Sunday night, 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . and then Monday I just go straight from mom's to school. THE COURT: So like 7:30? THE WITNESS: Yeah. THE COURT: Okay. That's the school year. Mr. McKnight. BY MR. MCKNIGHT: Q In the past summer you worked with mom where she works at Industrial Harness; is that right? A Urn-hum. Q That's yes? A Yes. Q Okay. What was your job down there? A I built harnesses. I worked on the board, is what they call them. Q Do you plan to do that this summer? A Yeah. As of right now. I may look for another job, but I'm probably going to work there this summer. Q Okay. During the summer, in a perfect world, what would you like to do? A I would like to have like one week with mom and one week with dad. I wouldn't mind that during the summer. Q Okay. So you just alternate? A Yeah, alternate weeks. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q What are you planning to do after you graduate from high school, other than have a party or something? What do you plan to do after you graduate? A I'm going to college, Penn Tech up in Williamsport. So far mom's helping me get accepted -- well, I got accepted. I just have to take placement tests, and then I'm pretty much accepted up there. So I'll probably go stay up there full-time. Q What do you want to do major-wise? What do you want to study? A Radiology. Q With the hope that you'll get a nice job when you get out; is that right? A Yeah. Q Okay. What kind of student are you at school? A I take my grades very seriously. I mean I would say that I'm a good student. I'm an A student. Except this year. Senioritis has kicked in, and I'm a little lazy. Q And does mom encourage you with your studies? Does she help when she can? A She helps me a lot with figuring out college stuff and getting on track. Q Does your dad have time to do that sort of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . stuff or is he usually busy working? A Yeah. He actually -- we talk about it too. He actually wants to go down and take a tour with me so he can see what it's like, and he encourages me just the same as mom really. They both do. They both support me. MR. MCKNIGHT: Okay. That's all I have. THE COURT: Okay. Ms. O'Gorman. CROSS EXAMINATION BY MS. O'GORMAN: Q You and your brother are both involved in some activities after school? A Urn-hum. Yes. Q What kinds of things do you do after school? A Usually three days a week, Mondays, Wednesdays, and Fridays, we lift. He lifts for football, and I lift for indoor track. Q Lift weights? A Yeah, lift weights. Q Okay. All right. Anything else you're doing after school? A No. Q And what's your schedule on those days when you're doing things after school? A You mean like time-wise? Q Yeah. When do you get home? 54 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 We get home usually around 5:00, if not 5:30. Q Oh, even when you're at school late? A Yeah. Q Okay. Is that what you expect you'll be doing for the rest of this year about three days a week? A No. Baseball will start for him, and he'll be -- everyday after school he'll be at practice, and I'll either -- I'll probably be playing softball. So we'll both have practice. Q Okay. A After school. Q And how long do you expect those practices to go? Do you know yet? A Usually until 6:00 in the afternoon. Q And that's when you get home or that's when you leave school? A That's when practice is over. Q All right. A And then we go home. And we go home probably around 6:30. Q And how are you guys getting home from your practices right now? A Well, I can drive this year, so I just drive, and I take -- I'll take him to and from. He just rides with me. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Is that how you guys are typically getting to school at this point too? A Yes. Q Okay. Does your mom take you to school? A She did for the first couple times when we started the weekend thing. I wouldn't take my car. She would come pick us up, and then she would take us to school, but I wanted my car just to have because of after school. So I just drive now back and forth. Q Okay. At your dad's house, each of you have your own room there at your dad's house? A Yes. Q Is that the case at your mom's house? A No. Q What are the living arrangements there? A Mom and her boyfriend have a room, and my brother and his girlfriend share a room, which they've offered to give me and Ramie the room, but me and Ramie like sleeping out in the living room and watching TV anyway. So we don't mind, and mom has a pull-out bed that she uses for us or we just sleep on the couch. Q How many bedrooms are there at mom's house? A Two. Q Okay. And when you guys go you're usually in the living room? 56 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 Q A Q Yeah. And what? Somebody's sleeping on the couch? And someone's on a little cot bed thing. How often is mom's boyfriend at -- around her house when you're there? A Like Friday nights he's usually there, but on the weekends mom -- he goes to work and mom is with us. She takes us like -- me and her will go out to eat and shopping and everything, and he's never with us. Anything that we do, he's never with us. So I don't really see him that much. Q Have you ever observed your mom's boyfriend when I say her boyfriend, I'm talking about Roy Weaver. Is that who you're talking about? A Yeah. Q Have you ever observed Mr. Weaver drinking alcohol to excess when you were at mom's house? A As in getting drunk? Q Yes. A No. I've seen him drink beer at the house, but never to the point where he was drunk. Q Okay. Was there a time when he came to pick you up that you noticed alcohol on his breath? A He's never picked me up. Q Okay. Are there times -- you have a 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . boyfriend right now? A Yes. Q And your boyfriend, I guess, is your brother's friend as well? A Yes. Q And he's -- you've got a younger guy. I think he's 15? A Sixteen. Q Sixteen. All right. Are there times when your boyfriend is staying over at morn's house? A No. He -- we're not allowed -- he's not allowed to stay the night, but usually Saturdays if I don't go to his house, he usually comes over, and then his parents will pick him up like around 8, 8:30, but he never stays the night or anything. Q Okay. We've had some discussion about there being food at your dad's house. He lately -- since this school year has started anyway, your dad has been watching what you eat pretty closely, correct? A Yeah. Q A Yeah. And why is that? He had thought I told him well, this summer I kind of went through a depression. I stayed with morn the whole summer, and I felt really guilty about not talking to dad as much, and I sort of got a little sick. 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . They think it was stress. I just had no appetite, and I lost a lot of weight, but since school has started and I moved back home, I've been fine, but he was watching me eat for a little bit, but other than that, he hasn't said anything. Q Well, but he's been paying attention to what you eat and making sure that you eat? A Yes. Q I mean it's never a situation where there's no food in the house? No. Like no food at all -- we always find A something. Q groceries. Is about? A You're just talking about running low in that the kind of thing that you're talking Yes. MS. O'GORMAN: Okay. I don't think I have any other questions for you. Thank you. MR. MCKNIGHT: I just have one follow-up. REDIRECT EXAMINATION BY MR. MCKNIGHT: Q Your dad has a girlfriend; is that correct? A Yes. Q What's her name? A Holly. 59 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 How do you get along with Holly? A Me, personally, I don't -- I'm not saying I don't like her. I don't know her. I choose not to be around her, and when she's there, I do get a little uncomfortable. And I don't like spending time with them. And I guess that's just a jealousy thing between me and my dad because I just am not used to him having someone else at this point. MR. MCKNIGHT: Okay. That's all I have. MS. O'GORMAN: One follow-up. RECROSS EXAMINATION BY MS. O'GORMAN: Q Your dad's aware do you think he's aware of how you feel about Holly and do you think he's tried to accommodate you because of that? A Yes. Once we found out that I would be there during the weeks and not on the weekends, she is never there during the week anymore, and I guess he sees her on the weekends, but I haven't seen her for a while because he knows that I don't really like when she's there so... Q Has your mom indicated any opinion to you about Holly? A As in talking about her? Q Yes. A Yes. I take both sides really. I'm usually 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . the one in the middle that takes it from both ends about Roy and Holly so... Q Was there an event over Christmas that kind of got out of hand over Holly? A I think -- well, Christmas Eve my mom came to our house so we could open our presents, and there was gifts under the tree for us from Holly. Mom just got upset and left, but she ended up coming back. We told her that we didn't know that the gifts were for us or that she put them there, but that's -- I didn't see Holly over Christmas or anything. Q That got you kind of upset though? A Yeah. I thought that my dad would do something like that just to be mean, and I got upset, but then I talked to him, and mom -- we talked mom into coming back, and we actually had a pretty nice evening. We opened our presents and stuff so... Q Generally when your mom talks about Holly she doesn't have good things to say. Is that probably an accurate statement? A Yes. Q Yeah? Okay. MS. O'GORMAN: No other questions. THE COURT: Mr. McKnight. REDIRECT EXAMINATION 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . BY MR. MCKNIGHT: Q Is it fair to say that when your dad talks about Roy Weaver he doesn't have nice things to say either? A Yes. It's bad on both ends. MR. MCKNIGHT: Okay. That's all I have. THE COURT: Ms. O'Gorman. MS. O'GORMAN: No further questions. BY THE COURT: Q Have you seen the campus of the school you'll go to? A Yes. I was up there with my -- a couple of my friends about a month ago. Q And how will this be financed? A I'm talking to my parents now. My mom's paying for the first part of the housing deposit and the tuition, and then dad probably will step in and help with paying for my first year semester and my books and stuff. So they're pretty much splitting it, and they're helping me out a lot. So I can't complain. THE COURT: Okay. Very nice to meet you. You make a very nice impression, and I'm sure you'll do real well with your life. THE WITNESS: Nice to meet you. (Whereupon, Randi Jo Sipes exited the room and Ramie J. Sipes entered the room.) 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: THE WITNESS: THE COURT: Hello. How are you? Not bad. How are you? My name is Wes Oler, and as you know, your parents are involved in a custody case. Each wants to spend more time with you and your sister, and somebody has to help make the decision on that point. You may be asked for your preference as to where you spend most of your time, and it's entirely up to you whether you express a preference. You may simply say I don't want to say, and that's perfectly all right. If you do say, I'll certainly take into consideration what you say, but I can't promise to do exactly what you want because it's just one consideration. Any questions? THE WITNESS: No. THE COURT: Okay. Would you raise your right hand, please? Do you swear or affirm that the statements you give today will be the truth, the whole truth, and nothing but the truth, so help you God? THE WITNESS: Yes, sir. Whereupon, RAMIE J. SIPES having been duly sworn, testified as follows: THE COURT: Would you give your full name, please? THE WITNESS: Ramie Jacob Sipes. 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: And where do you live? THE WITNESS: 17 Allison Drive, Shippensburg. THE COURT: And that's -- where did you say? THE WITNESS: Shippensburg. THE COURT: Shippensburg. And is that where your father lives? THE WITNESS: Yes. THE COURT: All right. Mr. McKnight. DIRECT EXAMINATION BY MR. MCKNIGHT: Q I understand you play football. What position do you play? A Outside linebacker. Q Outside linebacker on defense. Okay. And so you and your sister lift weights after school? A Yes. Q And how many days a week do you do that? A Three. Q Which days are they? A Monday, Wednesday, and Friday. Q Okay. And your sister drives you back and forth to school pretty much; is that right? A Yeah. Q What kind of driver is she? A She is a good driver. 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Okay. There's been some suggestion of speeding. Does she have a problem with speeding? A She got pulled over one time, that I know of. Q She got pulled over one time. Were you with her? A No. Q Okay. Currently you're spending time at both your mom and dad's house; is that right? During the school year? A Yes. Q Okay. Do you love your mom? A Yes. Q And during the summertime, what do you do work-wise? A I work where my mom works at Industrial Harness. Q Okay. This past summer what kind of job did you do down there? A I was in shipping. Q Okay. Were you one of her assistants? A Yes. Q Okay. Do you plan to work through this coming summer? A Yes. Q And if you work through the coming summer, 65 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 . . what sort of job do you think you'll be doing? Do you know? A Probably the same thing, shipping. Q Do you enjoy that? A Not really, but it's a job. I can get some money. Q What sort of stuff do assistants in shipping do? A I box for her, ship UPS for her, like go in the computer and type in the addresses and print out labels and stuff like that. Q Okay. And I understand that you enjoy hunting; is that right? A Yes. Q Okay. And even trapping? A Yes. Q Although you've had a problem with trapping, I guess? A Urn-hum. Q You're saying yes? A Yes. Q Okay. And I guess there was a problem at your dad's place when you were hunting once; is that right? A Yes. Q Any other problems? A No. 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 Okay. During this past summer, did you spend some time during the week with your mom? A Yes. Q Okay. During the summertime, do you anticipate doing the same sort of thing schedule-wise with mom when you're working down there? A It all depends on what's going on because I have football camps and stuff through the summer. Q Okay. In a perfect world, what would you like to see happen? A For them two or for me? Q For you. In a perfect world, where would you like to be spending your time? A With my dad, and go to my mom's whenever I want to go. Q So you like to spend it mostly with your dad but go up to your mom's whenever you want? A Yes. Q Okay. What about during the summertime? A Same. MR. MCKNIGHT: Okay. That's all the questions I have. THE COURT: Okay. Ms. O'Gorman. CROSS EXAMINATION BY MS. o 'GORMAN: 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You're in 10th grade? A Right. Yes. Q How are you doing in school? A Good. I have all 90's and one 80. Q Have you gotten a -- well, you got a report card for last semester, right? A Yeah, and there's one coming out probably two weeks or so. Q And what do you think is going to be on that report card? A Three 90's and an 85, somewhere around there. Q Is that how you've been doing in school? A Yeah. Q Are you having any problems with any subject? A No. Q Do you like school? A I don't have a problem with it. Q Do you get a lot of homework? A Some, but not too much. Q You're doing all your homework? A Yes. Q No problems with you completing any homework? A No. Q At this point you're getting to and from school mostly by your sister? 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Q Yes. And about how long does it take you to get to school? A Ten, fifteen minutes. Q Is that from your dad's house? A Yeah, from dad's. Q When you're at your mom's house, about how long does it take you to get to school? A Twenty-five minutes. Around there. Q I'm sorry. Was that 25? A Yeah, 25. Somewhere around there. It depends which way you go. Q You can't drive right now, right? A No. Q And when do you expect the earliest date will be that you can drive? A November. This November. Q Of? A That's when I get my license, will be this November. I'll get my permit in May. Q Do you expect that you're going to be able to drive in November? A Yes. Q All right. At dad's house, you and your sister have your own rooms? 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q And that's always been the case, hasn't it? A Yes. Q And have you lived in that house all your life? A Yes. Q What are the arrangements at mom's house when you stay there overnight? A What do you mean the arrangements? Q Sleeping arrangements? A Well, my mom and her boyfriend have their room, and my brother and his girlfriend have their room, which we're supposed to stay in, but it's their room. They have their stuff there. So we don't feel comfortable staying in there. So we stay out in the living room. Q And how old is your brother? A Nineteen. Q Is that how old his girlfriend is as well? A Yes. Q Where do you and your sister stay? A On the cot and the couch. Q And where are those located? A In the living room. Q How many bedrooms are in this home? A Two. 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You mentioned that your mom and her boyfriend share a room. Are you referring to Roy Weaver? A Yes. Q Has there ever been an occasion when you've been at mom's home when you've observed Mr. Weaver drinking alcohol to excess or to the point that he's drunk? A Yes. Q And how often has that happened? A Well, when I first started going up there, probably last summer, probably for a couple months, he would do it a lot, and then I guess him and my mom both quit at the same time. He quit drinking and my mom quit smoking. Q You think they both quit? A Yeah, but I don't know. I'm not there through the week. Q When do you think that happened? A They said the 1st of January, but before that I seen him drink. Q About how often did that happen? A At least one every night when we were there. Q One drink every night? A Yeah, that we saw. Sometimes more. Q How often would you say that Mr. Weaver well, let's start with Mr. Weaver. How often would you say that Mr. Weaver was drinking to the point that he was drunk 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . at your mother's home? A Well, I seen him getting in a fight with her one time, and he was -- I'm pretty sure he was. And then there would be sometimes when we were playing card games and stuff, he would pop one open and drink it, pop another and just keep going, and I would say -- like I don't know, probably if I go up there 15 days out of a month, I would probably say 5 days. Q And how about your mom? Are there times when you see her drunk? A No. Q Was there a time when Mr. Weaver came to pick you up and you smelled alcohol on his breath? A No. Q Okay. Are there times when you're at your mom's overnight and your girlfriend stays there overnight? A Yes. Q How often does that happen? A One time. Q Just one time? A Yes. Q How about your sister's boyfriend? Are there times when he stays there overnight? A I don't know. Q You don't know? 72 . . 1 A I'm not up there whenever he's there. 2 Q Before your mom and dad split up last 3 December, what how involved would you say your mom was in 4 your life at that point? 5 A Not like she should have been. 6 Q What do you mean by that? 7 A My dad did most of the running for the sports 8 because I was doing three sports at that time. He was doing 9 most of the running, and he was the one going out and 10 getting groceries and stuff most of the time. And she just 11 now started getting involved with our life again. 12 Q Okay. Was there something that you observed 13 that was occupying your mother's time? 14 A Earlier in life it would be a computer, and 15 she just I guess she got depressed the last couple years 16 and just kept to herself. 17 Q Okay. I mean is what you're saying to me 18 right now how you feel about this subject or I mean -- this 19 isn't something that your dad has been saying to you that 20 makes you feel this way? 21 A This is the way I've always felt for probably 22 8 years. 23 Q And last -- well, after your mom and dad 24 split up, tell me how you were dividing your time between 25 your mom and your dad. 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Me and my dad were always on hunting trips with each other and playing sports together and stuff, and then my mom, every now and then she would watch me in the evenings, but that was about the only time we would ever get to come with her. Q In the evenings? A Yeah. Q And why was that? Was that your choice or was there another reason? A Well, we were home in the evenings, but she wouldn't on the weekends she would just play on the computer most of the time. Q You're talking about when they split up? A Yeah. Q Or do you mean right now? Let's clarify what your answer was. You said that your mom was on the computer most of the time on the weekends? A Yes. Q Are you referring to before your mom and dad split up? A Yeah. Q Okay. Now that your mom and dad have split up, describe for me what your schedule has been between mom and dad's house. A All right. I go to my dad's house through 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . the weeknights, Mondays through Friday night, and sometimes I stay Saturday because I go hunting all day Saturday and she let's me stay, and then I go up to her house Saturday night. Q Okay. A And stay until Monday. Q And how is that working out with you? Are you happy with that? A Yeah, that's fine. Q So as far as you're concerned, Saturday nights are okay at mom's house? A Yes. Q You're also staying there Sunday nights? A It all depends. Like sometimes me and my sister don't feel like getting up early. When we stay there we have to get up earlier to go to school, so we come home. Q And are you doing every Saturday night right now at your mom's house? A Yeah. Q All right. And that's okay with you? A Yes. Q All right. If you had to pick a certain amount of time during the week to go to your mom's house, what would you pick? A Like Mondays through Fridays? 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q In the course of a week, like Monday through Sunday. A Like Sunday, yeah. That would be it. Those nights. Q Just Saturday? A Yeah. Friday night if I'm not hunting or anything the next day, that's fine. Q All right. Has that kind of been what you were doing with mom since your mom and dad split up or has it changed over time? A When they first split up I was with my dad the whole time, and then whenever the court order came out I had to go up there on weekends, I would usually go up Saturday nights because we hunt Saturday during the day. Q Has your mom expressed any opinion to you about how she feels about your just going up there one night? A No. She just she gets upset sometimes but I guess she told my sister Q Okay. Has there been a time at all when you felt like she was upset with you? A Just one time she was treating my sister differently than she was treating me, and I told her about it and she told me she didn't care if she ever saw me, just to stay at home, and I can come up whenever I want to to see 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . her. Q When did that happen? A I'd say after that court hearing was, about going up there Friday night through Monday. It was probably the second weekend. Q Are you talking about October? A Yeah. Well, whenever it came in that I had to go up there Friday from 6:00. Q The last order? A Yeah. I don't know when that was. Q Okay. Has there been a time when you and your mom got into a fight about the amount of time that you were going up there? A No. Q No. She never got in a verbal or physical altercation with you? A One time she picked me up and she said something. I can't remember what she said, but she was talking about my dad, and I get offensive over him, and then I was like, all right, I'll just stay here, and I went to get out of the car, and she just grabbed me and pulled me back in the car and started yelling at me. Q What was she saying? A She tries to blame the whole marriage situation on him. 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How often does that kind of thing happen? A Pretty often. Every time that she talks about it. Q As far as the summertime goes, when you're not in school, would you like to change the amount of time that you spend with your mom at all or is this one night a week that you're talking about what you would still like to do in the summer? A I would probably say the same. I might like stay a couple more extra days, but -- Q You want that sort of to be on your own terms? A Yeah. Because she always has -- my dad doesn't have anybody at the house. Like he's alone whenever we're not there, and she has her boyfriend and my brother, so -- I don't like my dad to stay alone. Q Does he make you feel that way? A No. I just -- I don't know, I don't like people being alone all of the time because I don't like to be alone, so I know how it feels. Q Well, since your parents separated your dad has a female friend, doesn't he? A Yeah, but she's not there through the weeknights. She only comes on the weekends sometimes. Q And I'm referring to Holly. Is that who 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . you're referring to? A Yeah. Q How do you get along with Holly? A I don't have a problem with her. I don't have a problem with my mom's boyfriend either. Q Okay. Are there times when you come home from school is your dad generally there or are there times when he's not there? A He's generally there. Q Okay. A Because -- well, we get off school at 3:00, but then we weight lift, and I have football and baseball. So I don't get in until 5 or 6. Q And by the time you get there he's usually there? A He usually picks me up from practice. Q And it's been suggested that there's sometimes when he's not getting home until 9:00 at night. Is that what you remember? A When he's on call for his work. Q Okay. A He has to go, but that's not that long. Q How often does that happen? A He gets a call probably once every two months. It's not too often. 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Okay. Did that happen recently? A Yeah. He had to go down to New Jersey. He didn't get home until like 2:00 in the morning, but me and my sister are old enough to take care of our self. Q When you guys come home from school, do you eat meals at your dad's house? A Yes. Q Is there always food in the house? A Yes. Q Are you ever finding yourself going to mom's because there's no food in the house? A No. Q Up to this point, do you feel like your dad has done anything to discourage you from spending time with your mom if you want to? A No. He said any time I want to go up there we can go. He ain't going to hold us back or tell us we can't. Q Do you feel like he means that? A Yeah. I know he does because every time we ask him he says go ahead and go up. MS. O'GORMAN: No additional questions for this witness. MR. MCKNIGHT: I don't have any. THE COURT: Okay. Very nice to meet you. 80 . . 1 THE WITNESS: You too. 2 THE COURT: And you are excused. Thank you. 3 THE WITNESS: Thanks. 4 (Whereupon, the witness exited the room.) 5 THE COURT: All right. We'll take a short 6 recess and resume. 7 MS. O'GORMAN: Could we just have one minute 8 of your time, Judge? How late do you expect to go today? 9 THE COURT: Twenty after four. 10 MS. O'GORMAN: I would like to finish, if we 11 can. I heard you mention an April 6th date. I'm pregnant 12 and due on April 7th. So although I would like to say I'll 13 be here on April 6th, that might not happen. 14 THE COURT: I've got another date then later. 15 When are you going to resume practice, do you think? 16 MS. O'GORMAN: Probably not until the 17 beginning of July. 18 THE COURT: Okay. 19 MS. O'GORMAN: But I just have one witness. 20 We might finish today. 21 (Whereupon, a recess was taken at 3:31 p.m. 22 and court resumed at 3:42 p.m.) 23 AFTER RECESS 24 THE COURT: Please be seated. We will let 25 the record indicate that the Court has reconvened in the 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . case of Sipes versus Sipes ln open court. We will continue until 4:20. At that point I do absolutely have to adjourn to handle some things before the courthouse closes. Mr. McKnight, anything further? MR. MCKNIGHT: Nothing. We may have some brief rebuttal, if necessary. I'll reserve that. THE COURT: Ms. O'Gorman. MS. O'GORMAN: Our first and only witness is Joseph Sipes. THE COURT: All right. Whereupon, JOSEPH LEE SIPES having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. O'GORMAN: Q Mr. Sipes, would you give us your full name for the record? A Joseph Lee Sipes. Q And you're the father of Jake and Randi Jo, the children that are the subject of this action, correct? A Yes. Q Other than you and those two children, are there any other members of your household? A Not at this time, no. Q Okay. Describe generally for me what your 82 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 . . house is like, how many bedrooms, bathrooms? How big is it? A We have three bedrooms upstairs, two bedrooms downstairs. One's only set up as a bedroom now. The other one we have storage in. We have a full bath and half bath. Q And is there property associated with this? Is it a rural area? A Yeah, it's a rural area. Most of our neighbors are Amish. Q About how far is it to your nearest neighbor? A I'm not sure of the distance. I mean we're -- it's sort of a small neighborhood. We're at the end of it, and we have close to three acres. Q Okay. Is this the home that your children have resided in for their entire lives? A Yes, ma'am. Q Describe briefly for me what your educational background is. A I graduated from high school. I have automotive research and had various management courses and seminars, and things like that in the transportation industry. Q You currently work for Heartland Express, and you're a shop foreman? A Yes. Q What are your typical work hours or are there 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . typical work hours? A Yeah. Normally I start around 7:30 in the morning, and my day ends at 5 on a normal day. Q It ends at what time? A Five. Q And that puts you home at what time? A Usually 5:30, 6:00. Q Are there occasions when you have to work beyond that hour? A Yeah, there is occasions where I might be running late, 5:30 or so. Most of the time I'm home at 5:30. There may be emergency situations that they send me out on from time to time, but that's few and far between. Q About how often does it happen that you are required to work beyond your typical schedule? A Just a couple times a month usually. Q Do you find that your work schedule generally permits you to be at home when your children are at home? A Yeah. Q Are there occasions when your children are home without supervision? A Normally, no. If it is, it's just briefly until I get there. You know, they might get home from school, you know, around 4:00 or so, 3:30, 4:00. Q It's been suggested that you typically don't 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . come home until 9:00; 8:30, 9:00. Is that a fair assessment of the situation in your home? A No, not unless there was an emergency that I would have to work extra, which like I say, that might be just a few times a month that that would happen. Q Do you have any other commitments that require you to be away from home when your children would be home? A No. Q Do you make sure there's adequate food in the home for the children? A Certainly. Q Are you aware of any time when they've gone to their mother's home because there's no food in your home? A I don't recall that. Q Have you had a reason to monitor food intake particularly carefully for one of your children? A Yeah, my daughter, I thought, had an eating disorder. Q All right. What gave you cause to think that? A I kept seeing signs. Her running to the bathroom. She was at home. So I confronted her about it, and she said she had been at her mother's when her mother was living at the house before now, and she didn't like 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . being there and she got upset. She said that was the cause of it. So we started monitoring her weight. Q And what did you do to monitor her weight? A I had scales and I would weigh her and make sure that she ate. Q Okay. And you would -- what did you do to make sure that she was eating? A Well, basically I just would buy stuff that she wanted me to buy, and made sure that that stuff was disappearing, and I would make sure that I weigh her and make sure that she was gaining weight. I was really worried. Q And when was all of this going on? A That was at the end of last probably the end of the summer there into the fall when they started school. Q Do you believe that that problem has been resolved at this point? A Well, I'm not sure whether it's a hundred percent resolved or not. I keep my eye on it. Q Have you brought this matter to the attention of your spouse? A Yeah, I mentioned it to her. Q Okay. Do you know where your spouse lS living at present or did you know before she said it today? 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yeah, I knew. Q And how did you come by that information? A The kids told me. Q Did your wife provide it to you voluntarily? A No. Q In fact, was there a time that you believed she was concealing it from you? A Yes. Q What causes you to think that? A The time my kids told me that I couldn't take them up to their mother's. She don't want me up there. She didn't want me to know where she lived. Q She didn't provide you with her address directly, did she? A Correct. Q How long after -- well, I think her testimony was that she moved to her current residence in October. How long after she moved was it that you became aware of her residence? A I'm really not sure. I knew she moved. She came and got her stuff and she said she moved into a mobile home. I didn't know where it was. Shortly after that my kids told me. Q Your wife has suggested in her testimony that you threw her out of the house. Is that your recollection 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . of events? A Well, I was upset with her because I caught her with another man. I got upset. Yeah, I did say a few mean things, and I didn't feel like she was going to be truthful with me, and I got tired of it. She said she was leaving, came back and kissed me on the neck and left. Q Did the two of you have a conversation on the day that she left about whether she would stay or go? A We had numerous conversations. Q And do you feel that the decision for her to leave was mutual or was it your decision? A I think it was her decision. I think she chose what she did. Q Prior to your separation from your spouse, have the children always resided with the two of you? A Yes. Q And would you say that up until that time that one or the other of you was primarily taking care of responsibilities with respect to the children? A I would say yeah. Q Who would you say that was? A In which timeframe? Q Before you and your spouse separated. A Well, I did most of it. I mean I did most of the running, most of the school shopping, dress clothes for 88 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 daughter, if she wanted to go to dances, and sports activities. I did a lot of that. Most of it. Q Well, what about doctor visits and dentist visits? A I took them to the dentist and the doctors. Q Would you say that you were doing that primarily or was your wife involved too? A I was doing it primarily. Q And in terms of things like parent teacher conferences or meetings at school, was one or the other of you doing that primarily? A I went to a considerable amount of them. Q Was your wife there too? A I don't remember any that she went to. Q Extracurricular activities of the children, were they involved in them at the time you and your spouse separated? A Yeah. Q And did both of you -- did one of you go to extracurricular events the children were involved in? A Yeah, I did. Q Did your spouse go? A Occasionally she went. Q Are you aware of any reason that your spouse was less involved than you were? 89 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 She spent most of her time on the computer playing games. Q And how long had that been going on? A About 7 years. Q Was your wife working at all prior to your separation? A Yes. She was working at International Harness. Q Oh, she was. On a full-time basis? A Urn-hum. Q Okay. After you and your spouse separated, did you agree upon any particular custody arrangement? A We had a conciliation. I don't remember the date. I'm not good with dates. And she had letters she said the kids had wrote. Q Well, you're going much further ahead in time. Immediately after you separated, what was -- what arrangements were in place? What did the children do? A Well, immediately after we separated my son was with me, most of the time my daughter was with me, a lot of the times, and she would go stay at her mother's when she lived with her friend on the weekends or whatever. She spent most of the time with me. Q And how long did that go on? A It went on for a while, and then when school 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . started. . . Q Well, in the course of a week -- let's try to be more specific -- how much time were each of the children spending with you? A My son was there all of the time, and my daughter, she would spend, you know, maybe four days at home and three days with her mom or, you know, vice versa, it just depends, and then through the school year mostly she was -- she was with me mostly. Q Through last school year? A Yeah, the last school year. Q And then this three or four days with mom occurred when? A Well, when summer hit she worked with Tammy so she stayed up there somewhat more, which was okay with me because it was closer to work, and it seemed to be working out, and she could spend a week there and come home for a week. Q At some point did you start keeping track of the time that your kids were in your home versus in your wife's home? A Yeah. There was a period there after Tammy filed for support for, you know, her and the kids that I did that. Q All right. And did you -- you actually made 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . this record, nobody else made it for you? A Correct. (Whereupon, Plaintiff's Exhibit No.1 was marked for identification.) BY MS. O'GORMAN: Q I'm going to show you what I will have marked as Plaintiff's Exhibit 1. MS. O'GORMAN: May I approach, Your Honor, the witness? THE COURT: Certainly. BY MS. O'GORMAN: Q I'm showing you what I have marked as Plaintiff's Exhibit 1. Is that a copy of the schedule that you prepared? A Yes. Q It looks like from July of 2005 until mid-October of 2005? THE COURT: I don't think there was an answer. You have to get an answer. MS. O'GORMAN: Oh, I'm sorry. THE COURT: Wait. You'll have to get an answer to each question you are asking. THE WITNESS: That's correct. BY MS. O'GORMAN: Q Okay. Could you explain how this Plaintiff's 92 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 . . Exhibit 1 is set up? You have dates -- for example, you have 7/14 and next to that is Thursday? A Right. Q And then you have children's names? A Yeah. Well, I wrote in the date or I wrote the date, and the person's name is there. If there was a line there they were with their mother or I would put a parenthesis where they were. I have down there that Jake went to the beach with a friend, and they went up state with their grandparents a weekend. Q Okay. So for example, on July 14, which was a Thursday, there's a slash? A Urn-hum. Q And under the column that is containing Randi's name, does that indicate Randi was at your wife's home? A Correct. Q All right. And there's nothing in the column that indicates Jake's location? A Correct. Q But next to that column it says Jake paren beach? A Correct. Q So that means Jake was at the beach? A Correct. 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Okay. And then, for example, on July 28th, Plaintiff's Exhibit 1 indicates the names of both children, and that means what? A They were both at home with me. Q All right. And then July 30th neither of the children's names appear. What does that mean? A They were both at their grandparents. Q Oh, I see. Okay. On the far right-hand column. All right. And then once the children started school in the fall of 2005, what schedule were they using at that point? A When they started school, they stayed mostly with me. Q And how often were they visiting their mother? A They would go up sometimes on the weekends, sometimes they wouldn't, mostly my daughter. My son still hung around at the house, and he would go see his mom every now and then. Q All right. And just to back up for a little. In July of 2005, that was the first time that you appeared before the custody conciliator in that case. Is that your recollection? A I don't remember the dates specifically, but the first time 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Was the summer? A Was the summer, yeah. Q Okay. And at that point you and your wife entered into an agreement with respect to custody, correct? A Correct. Q And your agreement was that you would share physical and legal custody with the agreement to be specific -- or I'm sorry, the arrangements to be specifically established by the two of you, right? A Correct. Wherever they wanted to be, we would support wherever they wanted to be. Q Practically speaking, what did you think that meant? A Well, wherever the children wanted to stay -- if they wanted to stay with me, you know, then that was okay with her, and if they wanted to stay with her, that was okay with me, and we could both call any time we wanted to and talk to the kids or, you know, whatever. It was pretty much a free agreement, you know, that the kids basically would decide, you know, whatever was in their hearts, whatever they wanted to do. Q And up until that point, is that your -- I mean did you think that's exactly what was going on? A Correct. Q Did you ever intend that you would be 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . required to commit to an equally shared schedule? A Not at that time, no. Q At some point did your wife begin to request that? A That's correct. Q And did you oppose that? A Yeah. I didn't like that idea. Q And why did you oppose that? A Well, I didn't feel like they wanted to be up there where she was, not that they didn't want to see her or visit her, but I don't think that they really liked where she was living. They expressed that they didn't want to be there. And then we had the school issue that was sort of a concern. My daughter crashed a car the spring before because she was in a hurry to get to school. She came from her mother's to pick my son up. She was driving a little too fast and crashed her car, and I was concerned there might be an accident. So, you know, I told them I would rather have them at home during the school year. Q At this stage you're requesting that the children reside primarily in your home; is that correct? A Correct. Q And why, specifically, can you tell the Court, you are asking for that schedule? 96 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 number one. Q A yeah. Q A Well, I feel that that's what they want, Is there more to it than that though? Well, there's issues I'm uncomfortable with, What are you uncomfortable with? Well, I don't like them being around -- it's sort of moral issues. Q What moral issues are you referring to? A Well, I mean my son -- oldest son, I wouldn't let him stay in my home with his girlfriend and live in the basement, you know. She's letting them live up there together. It's not setting a good example for the other two, you know. Q Is there anything else that causes you to ask for primary physical custody of the children? A Well, that. And I don't know Mr. Weaver. The kids told me that he had an alcohol problem, and that sort of concerned me because I didn't want them being in an accident. MR. MCKNIGHT: Objection to what the children said, hearsay. THE COURT: Ms. O'Gorman. MS. O'GORMAN: That wasn't the response I was soliciting. I mean I don't disagree with that objection. 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: The objection is sustained. BY MS. O'GORMAN: Q What -- well, since you are on that subject though, that subject being Mr. Weaver, has your wife made you aware of anything about Mr. Weaver that gives you concern? A Well, she told me he was an alcoholic. Q When did she tell you that? A She told me that not too long after she left. Even before she left, I think. I don't know. I don't remember. She told me that. Q Are you concerned at all about the fact that your wife is not residing in the same school district? A Yeah, that's a concern. Q Why is that a concern to you? A Well, it's just that, you know, it's quite a ways away. There again, it causes my daughter to maybe rush to school. You know how kids are. They don't always time it the way you would like them to. Q Have there been incidents that you're aware of where this extra time has become a problem? A Well, like I said, it makes her hurry. I mean it makes her hurry to pick my son up because she's got to come up there and pick him up and then go to school. Q What about your daughter driving back and 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . forth to school? Is there anything there that causes you concern? A Well, she -- my son told me that they were coming down 81. MR. MCKNIGHT: Objection, Your Honor. THE COURT: Sustained. BY MS. O'GORMAN: Q Without telling us what your son said, what is your concern? A Well, my concern is that she would be speeding, is what my concern is. Q And if -- I mean is it your desire that she not drive back and forth to school if she's not going to be a responsible driver? A Well, I wouldn't say that. I just want her to be careful, you know. I don't want her to be put in a situation where she has to speed. Q Even though the current custody order calls for your son to spend every Friday to Monday morning with his mother, that's not what's going on right now, is it? A No. Q What actually is happening at the moment? A A lot of times she doesn't come pick him up. Hunting season he does do a lot of hunting and he stays with me. I got a call Sunday night. He was at his girlfriend's 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . house. I had to go pick him up. He said he couldn't get a hold of his mom. Q Are you doing anything to prevent your son from going to his mother's house, as is established in the custody order? A No, not at all. Q Are you doing anything to discourage him from going to his mother's house? A No, not at all. Q Is your daughter basically following the schedule that's established in the custody order? A She's following it more so, yes. Q Are there times when both of your children are going to their mother's house when their -- the custody order would provide that they're at your home? A Yes. Q And are you supportive of that? A Yes. Q Is it a problem for you at all that the children under the current order are required to spend all of their weekend time with their mother? A Yeah, it is. Q Why is that an issue? A Well, we don't get to spend a weekend together. 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q What kind of things were you guys doing on the weekends? THE COURT: I'm sorry. I need to interrupt. Mr. Ahlers, I'll need a time for a resumption of this hearing in July. MS. O'GORMAN: Shall I continue? BY MS. O'GORMAN: Q What sorts of things were you doing on the weekends with your children that you're not able to do now? A Well, we did you know, we would ride bikes together sometimes. I mean we did a lot of hunting and a lot of fishing. I would go to, you know, field travel teams, go to shows and stuff, and just spend quality time with them. Q Any sporting events? A Yeah, we did all stuff like that. We would go to hockey games, baseball games, whatever. Whatever they were involved in, we would do. Q Are there things you did at home, not necessarily out of the house, on the weekends with your children? A We just, you know, would relax. Like I say, watch a movie or, you know, do whatever you do with your kids. Q How would you characterize the degree of 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . communication between you and your spouse at this stage as it relates to the children? A Poor. Q And what causes you to say that? A We don't talk. Q Is there sort of a typical scenario when you do talk? A We have a few issues there with talking and stuff. Q What kind of issues? A Well, we had an issue there whenever my son got sick and put in the hospital at Chambersburg, my oldest son that lives with Tammy, and we got a chance to talk there. Q Do you feel that your spouse is responsive to you when you attempt to discuss custodial matters with her? A Attempt to what? Q When you try to talk about custodial issues with her, the custody matters? A Oh, okay. Q Do you feel that she listens to you? A We don't really talk too much about that. Q Okay. Are there specific incidents where you've had difficulty communicating with your spouse about things that relate to the children? 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yeah. I mean like my son was in the hospital, and she didn't call and let me know. I had to find out through my daughter that he was even in the hospital. Q Any other incidents where you felt that things weren't being communicated well? A Well, just like, you know, issues there with -- you know, with my daughter trying to get in college and stuff like that. Q Have you been brought into that process at all? A Not by her, no. I mean I only know what she tells me. I only know what the kids tell me. Q What -- was there -- at the last custody conciliation was there some discussion of participating in some family counseling? A Correct. Q And are you willing to do that? A Yes. Q Do you recall whether or not your spouse was willing to do that? A At that time she said she wouldn't do it. Q And there hasn't been any family counseling in place since the last conciliation? A Not since we did that, no. 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q begin that? A Q it? A Q past? A Q But at this stage you are more than happy to Whatever it takes. Do you feel that it would be productive to do I feel it could be, yes. All right. Did you do some of it in the Yes, we did. And do you think that the past counseling that you did was beneficial in any way? A I don't think the way that was going, no, it wasn't. Q Who were you counseling with in the past? A We counseled with the pastor at the church. Q All right. And so at this point, although you agree to continue counseling, your preference would be to do it with somebody else? A Yes, I think so. Q Were there specific issues that you had with the pastor that caused you to say, I wouldn't want to do this with the pastor again? I felt his wife was A The pastor was okay. being a little biased at times. Q So his wife was involved too? 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A His wife was involved, yeah. Q And to your knowledge, are these people licensed in any way to do counseling? A I don't think they are. Q They're just involved in the church? A Yeah. Q At this point in time, if you had to pick a specific schedule for the time that your children would spend in your home versus your wife's home, what would that schedule be? A Well, I'd like to have them with me all the time, of course, but, you know, my preference would be like we did at first. I mean if they want to be -- if they want to go be with my wife I'll allow them to do so. If they want to be with me, I sort of like that schedule. It gives them freedom. They don't feel like they are forced to go one place or the other. Q Well, is that what you would want during the school year too? A Well, except for the school year. I would rather have them be close to the school where they don't have to hurry to get there for their own safety. Q So during the school year you would prefer that they be in your home? A I prefer them to be there. 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q At least during the week? A Correct. THE COURT: At least during the what? MS. O'GORMAN: The week. THE COURT: The week. BY MS. O'GORMAN: Q And on weekends are you saying whatever the kids want to do is what you would like them to be able to do? A Correct. Or if it was -- you know, I mean I could live with every other weekend or even one weekend a month. I don't know. I mean I guess the bottom line is I don't feel that they want to be forced to go here or there. Q Okay. In the summer would you leave it completely up to the children or is there a specific amount of time that you would like them to be at your home? A I would like them to be with me, but I know, you know, they're going to have jobs or whatever they want to do as far as that goes. I mean as long as they're with one of us, you know, I mean I'm not going to -- you know, I'm not going to be mad if they want to spend a week with their mom or spend time with their grandparents. I told both of them I don't have a problem with that. THE COURT: I need to adjourn at this point. You may step down. Thank you. Ms. O'Gorman, I understand 106 . . 1 that you will be available again in July of this year; is 2 that correct? 3 MS. O'GORMAN: That's correct, Your Honor. 4 THE COURT: All right. You may step down. 5 Thank you. Did you want to move the admission of 6 Plaintiff's Exhibit 1? 7 MS. O'GORMAN: Yes, Your Honor. 8 THE COURT: Mr. McKnight. 9 MR. MCKNIGHT: I have some issues with it. 10 I was going to deal with those on cross examination. So I 11 can't agree. I object to it at this point. 12 THE COURT: All right. Plaintiff's Exhibit 1 13 is admitted. 14 (Whereupon, Plaintiff's Exhibit No.1 was 15 admitted into evidence.) 16 THE COURT: And we will enter this order: 17 AND NOW, this 12th day of January, 2006, upon 18 consideration of Defendant's Petition To Modify Custody 19 filed September 13, 2005, and Plaintiff's Petition To Modify 20 Custody filed December 22, 2005, with respect to the 21 parties' children, Randi Jo Sipes (date of birth, August 11, 22 1988), and Ramie J. Sipes (date of birth, May 26, 1990), and 23 following a hearing which commenced on this date, but has 24 not yet been completed, the record shall remain open, and a 25 further hearing in this matter is scheduled for Monday, July 107 . . 1 10, 2006, at 9:30 a.m., in Courtroom Number 1, Cumberland 2 County Courthouse, Carlisle, Pennsylvania, without further 3 Order of Court. 4 It is noted that at the time of adjournment 5 on today's date the case-in-chief of Defendant Tammy Jo 6 Sipes had been completed, and Plaintiff, Joseph L. Sipes, 7 had commenced his case-in-chief. 8 At the time of adjournment, Plaintiff's 9 counsel was subjecting Plaintiff to direct examination. It 10 is noted further that at the time of adjournment Plaintiff's 11 Exhibit 1 had been identified and admitted, and Defendant's 12 Exhibit 1 had been identified and admitted. No other 13 exhibits had been identified or admitted. 14 Pending further Order of Court, the Order of 15 Court dated August 26, 2005, shall remain in full force and 16 effect with respect to its custodial provisions. 17 (End of order.) 18 THE COURT: Court is adjourned. 19 (Whereupon, the proceedings adjourned at 4:17 p.m.) 20 21 22 23 24 25 108 . . 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. 12J::!:i~L~ Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ,M.~ Date '1 It, )ao{, 109 . JOSEPH L. SIPES, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY JO SIPES, Defendant CIVIL ACTION - LAW 05-3115 CIVIL TERM IN CUSTODY IN RE: PETITIONS TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 10th day of July, 2006, upon consideration of Defendant's Petition To Modify Custody filed September 13, 2005, and Plaintiff's Petition To Modify Custody filed December 22, 2005, with respect to the parties' children, Randi Jo Sipes (date of birth, August 11, 1988), and Ramie J. Sipes (date of birth, May 26th, 1990), and pursuant to an agreement reached in open court by the parties and their counsel, Marcus A. McKnight, III, on behalf of the Defendant, and Nichole M. Staley O'Gorman, Esquire, on behalf of the Plaintiff, it is ordered and directed as follows: 1. Neither party is seeking any order with respect to their daughter, Randi Jo Sipes, who has graduated from high school and will be 18 in August. 2. As to Ramie J. Sipes, the parties will share legal custody. During the school year Father will have primary physical custody of Ramie, with the specific times to be established by the parties and their son. During the summer school break, the parties will share physical custody of Ramie, with the specific schedule to be decided by the parties and their son. Mother will provide all transportation to and from her home. By the Court, J. J. ::) .....-...... ..,.-- .:::1 .-- . ~._.'~ {..~._~: .. .... Nichole M. Staley O'Gorman, Esquire 1719 N. Front Street Harrisburg, PA 17102 For Plaintiff Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 For Defendant :mae ~ ~ 7-/0.0(. 9--