HomeMy WebLinkAbout05-3547
LAW OFFICES OF EDWARD J. MIMNAGH
EDWARD J. MIMNAGH, ESQUIRE
Attorney I.D. No. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
Emai]: mimnagh.law@verizon.net
Attorney for Plaintiff
Sherry L. Lorenz
SHERRY L. LORENZ
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. O!; - 3SL.j7
CIVIL ACTION - LAW
IN CUSTODY
Cw,L <--r~
JAMES TAYLOR
Defendant.
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaintiff, Sherry L. Lorenz, by and through her attorney, Edward
J. Mimnagh, Esquire, and respectfully represents as follows:
I. Plaintiff is Sherry L. Lorenz, (hereinafter referred to as "Mother"), an adult
individual who is currently residing at 25 Chestnut Street, Camp Hill, Pennsylvania 17011.
2. Defendant is James Taylor, (hereinafter referred to as "Father"), an adult
individual who is believed to be residing at 241 Beach Wood Manor Community, Haysville,
Kansas 67060.
3. Mother seeks sole legal and sole physical custody of the following child:
Name
Rhiannon G. Oceana-Lorenz
Date of Birth
2/18/2000
Al!e
2
4. The child was born out of wedlock. The child is presently in the physical custody
of Mother who resides at 25 Chestnut Street, Camp Hill, Pennsylvania 17011.
5. During the past five (5) years, the child has resided with the following persons at
the following addressees):
Name
Sherry L. Lorenz
Sherry L. Lorenz
Sherry L. Lorenz.
Debbie Denise Lorenz.
Alexander Lorenz
Sherry L. Lorenz.
Sandy Walmbolt.
Randv Walmbolt.
James Tavlor
Address
25 Chestnut Street
Camp Hill. Pennsvlvania 17011
308 East Main Street
Au!!Usta. Kansas 67010
442 East Broadwav Street
Au!!Usta. Kansas 67010
Dates
06/2003 - Present
12/2001 - 06/2003
8/2000 - 6/2001
508 Derby Street
Derbv. K<msas 67010
OS/2000 - 08/2000
6. Mother of the child is currently residing at 25 Chestnut Street, Camp Hill,
Cumberland County, Pennsylvania 17011. Mother's marital status is single.
7. Father of the child is believed to be currently residing at 241 Beach Wood Manor
Community, Haysville, Sedgwick County, Kansas 67060. Father's marital status is married.
8. Mother is the biological mother of the child at issue. Mother currently resides
with the following persons:
Name
Rhiannon G. Oceana-Lorenz
Relationship
Daughter: Child at Issue
9. Father to the child at issue is the biological father. Defend<mt currently resides
with the following persons:
Name
Unknown
Unknown
Unknown
RelationshiD
Wife
Sister-in-Law
Sister-in-Law's Husband
10. Mother has not participated as a party or a witness, or in any other capacity in
other litigation concerning the custody of the child in this or any other Court.
11. Mother has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth.
12. Mother does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
13. The best interest and permanent welfare of the child will be served by granting
Mother sole legal and sole physical custody of the child because:
a. Mother has been the primary caregiver of the child and has provided the child
with consistent and loving care.
b. Mother is willing and able to continue to provide proper care and supervision of
the child.
c. Mother can provide a stable and loving environment for the child.
14. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Mother requests this Honorable Court grant her sole legal and sole
physical custody of the child.
Date: July 11, 2005
By:
EDWARD J. MNAGH, ESQUIRE
Attorney LD. ,0. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
Attorney for Plaintiff Sherry L. Lorenz
VERIFICATION
I, SHERRY LORENZ, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my information, knowledge and
belief. 1 understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. 34904 relating to unswom verification to authorities.
DATE: 1/1~/O5"
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SHERRY L. LORENZ
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-3547 CIVIL ACTION LAW
JAMES TAYLOR
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, July 22, 2005
, upon consideration of the attached Complaint,
it is hereby directed that pmiies and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4tb Floor, Cumberland County Courtbouse, Carlisle on Wednesday, Aueust 24, 2005
, the conciliator,
at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tcmporary
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 lhe 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 hearin!!.
FOR THE COURT.
By: Isl
Hubert X Gilrov. Esq.
Custody Conciliator
~
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For 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 betore 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) 249-3 I 66
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SHERRY L. LORENZ,
Plaintiff
c.,\
RECEIVED OCT 0 5 Z005~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
JAMES TAYLOR,
Defendant
NO. 05-3547
IN CUSTODY
COURT ORDER
AND NOW, this 1.Pi day of (JJ~,~ , 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. L of the Cumberland County
Courthouse on the /:ftIi day of f)-t,ntIM , 2005 at !t.L3.Q~.m. At this hearing, the
mother shall be the moving party and shall proceed initially with testimony. Counsel
for the parties, or the parties themselves if they do not have counsel, shall me with
the Court and opposing counsel a memorandum setting forth the history of custody
in this case, the issues currently before the Court, a summary of each parties position
on these issues, a list of witnesses who will be called to testify on behalf of each party
and a summary of the anticipated testimony of each witness. This memorandum shall
be filed at least five days prior to the mentioned hearing date.
2. Pending further Order of this Court, the following temporary Custody Order is
entered:
A. The mother, Sherry L. Lorenz, and the father, James Taylor, shall enjoy
shared legal custody of Rhiannon G. Ocean a-Lorenz, born February 18, 2000.
B. The mother shall enjoy primary physical cnstody of the minor child.
C. The father shall enjoy periods of temporary physical custody with the minor
child as agreed upon by the parties.
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D. When father makes arrangements to come to Pennsylvania for the above
scheduled hearing, father may notify mother in advance as to when he will
arrive in Pennsylvania and mother will accommodate father to insure he has
custody of the minor child while he is in Pennsylvania for the mentioned
hearing.
BY THE COURT,
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SHERRY L. LORENZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
JAMES TAYLOR,
Defendant
NO. 05-3547
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Rhiannon G. Oceana-Lorenz, born February 18, 2000.
2. A Conciliation Conference was held on via Telephone Conference Call on September
27, 2005, with the following individuals in attendance:
The mother, Sherry L. Lorenz, with her counsel, Edward J. Mimnagh, Esquire, and
the father, James Taylor, who appeared without counsel.
3. The parties were residing in Kansas until 2003, when mother left Kansas with the
minor child. She maintained custody of the child through March of 2005. In March
of 2005, mother delivered the child to paternal grandmother who, along with the
father, had custody of the minor child until July of 2005. Mother took the child back
into her custody in July and came back to Pennsylvania and filed a Support Action in
Kansas against the father and also filed the above captioned Custody Action.
4. Father seeks primary custody of the minor child and mother seeks primary custody
of the minor child. A hearing is reqnired.
5. The Conciliator recommends an Order in the form as attached.
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DATE
. .... -
SHERRY L. LORENZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 05-3547 CIVIL
JAMES TAYLOR,
Defendant
IN RE: CUSTODY
ORDER
AND NOW, this Z 2.... day of December, 2005, after hearing, it is directed that the
parties shall share legal custody of their child, Rhiannon G. Oceana-Lorenz, born February 18,
2000. Primary physical custody ofthe said child shall be in her mother, the plaintiff, subject to
the following periods of partial custody in the father:
I. The child will be with the mother on Christmas in odd-numbered years and with the
father in even-numbered years. The parties will, likewise, alternate Thanksgiving with the father
having custody in odd-numbered years and the mother in even-numbered years.
2. The father shall have custody of said child during the summer for a period of one
month during the summer of2006, five weeks in the summer of 2007, six weeks in the summer
of2008, etc., adding a week each year up to a maximum often weeks.
Transportation to effect the custodial schedule shall be as agreed to by the parties.
N either party will disparage the other in the presence of th(: child. Each party shall keep
the other informed with respect to significant developments in the life of their daughter.
BY THE COURT,
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Edward J. Mimnagh, Esquire
For the Plaintiff
James Taylor, Pro Se
5801 East Lincoln
Wichita, KS 67218
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SHERRY L. LORENZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JAMES TAYLOR,
Defendant
05-3547 CIVIL TERM
IN RE: IN CUSTODY
PARTIAL TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE KEVIN A. HESS, J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
on December 15, 2005,
In Courtroom Number 4.
APPEARANCES:
Edward J. Mimnagh, Esquire
For the Plaintiff
James Taylor, Defendant Pro Se
5801 East Lincoln
Wichita, KS 67218
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December 15, 2005
Carlisle, Pennsylvania
I didn't expect to be back on the bench
THE COURT:
so soon. Have you made progress?
MR. MIMNAGH: Yes, Your Honor, the parties have
reached an agreement in large part and are just simply looking
to the Court for a little advice on the latter part that I am
unsure of and so is Mr. Taylor.
The parties will agree that mother will remain
primary physical custodian subject to the following terms:
Mother will enjoy Christmas on the odd numbered years, father
will enjoy Christmas on the even numbered years. As for the
Thanksgiving holiday, the parties will alternate Thanksgiving
with father receiving the odd numbered years and mother
receiving the even numbered years.
Transportation to effect the holiday physical
custodial schedule is to be agreed to by the parties.
Mother agrees that father should have time in the
summer, however, the parties would look to the Court for advice
on effecting such a schedule.
As Plaintiff's counsel, ten weeks is an awfully
long time for a five or six-year-old girl.
If she was ten or
eleven, I don't know. Defendant, Mr. Taylor, was kind enough
to let me address the Court and ask for some guidance in that
capacity.
I am a new father myself, so I just know the law on
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some occasions.
THE COURT: You haven't taught them to drive yet
like I have. That will take years off your life.
Normally, I have seen it done and have ordered that
it would start out one year with a month, and then the next
year to five weeks, and then the next year to six weeks, and so
forth, so we grow in over time into a protracted period. That
would be a suggestion as to how it is done. Thirty days I
don't think to begin with would be too much for a
five-year-old, but much more than a month would I think begin
to stretch matters; then of that, we certainly would expect to
eventually grow into much of the summer, certainly,
tentatively.
MR. MIMNAGH:
I can say as counsel you learn
something new every day. I can speak on behalf of Plaintiff
that we would have no problem with a schedule like that, Your
Honor.
THE COURT: I know that is not very satisfying to
the father for the first year or two, but at least it gives him
something.
I will ask that what has just been said be
transcribed, and I will do it in the form of an order which
will award the parties joint legal custody and try to find some
language in some other order that talks about the importance of
you two sharing important decisions together, the important
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decisions in life.
I normally put in, and hopefully in this
case it will be unnecessary, an admor.ition that neither party
disparage the other in the presence of the child. I think
those are important things, and that you keep each other
apprised of your phone numbers, change of address, e-mail,
etcetera. So we will do that language.
You have reached some understanding about next
week, I don't have to make an order about that on the record.
Sounds like you folks are able to communicate now.
MR. MIMNAGH: Communication will start opening up a
little better, Your Honor.
THE COURT: Okay. I appreciate the good auspices
of counsel helping to effect an understanding here. I
congratulate you both for doing that. Anything else you wanted
to say, Mr. Taylor?
MR. TAYLOR: I just hope to get a couple of hours
to a couple of days here this week with my daughter so we can
exchange gifts and spend time.
THE COURT: If it is necessary for the Court to
intervene sometime during the next week, you could give the
office a call and I will be on the phone with Mr. Mimnagh, but
I certainly hope that will not be necessary.
MR. MIMNAGH:
I don't think that is necessary now
that we are in court and on the record, I think my client will
certainly make that happen, it is certainly reasonable.
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THE COURT: I have raised three girls that are in
their mid 20s now, and I am proud to report that they really
love their dad.
MR. TAYLOR: So does mine.
I have a girl too.
We are all in the same boat.
MR. MIMNAGH:
THE COURT:
Good
enough. I am glad that we could react an understanding, I will
reduce it to the form of an order, but we are understood now as
to what the situation will be. Thank you.
5
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.
O~(!..6~
Patricia C. Barrett
Official Stenographer
---------- ------ -- - ----
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed to
be filed.
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Date
,//;)
A. Hess, J.
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SHERRY L. LORENZ,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -. LAW
JAMES TAYLOR,
Defendant
05-3547 CIVIL TERM
IN RE: IN CUSTODY
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE KEVIN A. HESS, J.,
Cumberland County Courthouse,
Carlisle, Pennsylvania,
on December 15, 2005,
In Courtroom Number 4.
APPEARANCES:
Edward J. Mimnagh, Esquire
For the Plaintiff
James Taylor, Defendant Pro Se
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INDEX TO WITNESSES
FOR COMMONWEALTH DIRECT CROSS REDIRECT RECROSS
James Lee Taylor 3
Sherry Lorenz 25 34
Michael Stauffer 46 49
FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS
Sandy Walmbolt 50 60
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10 THE COURT: Okay, go ahead.
11 MR. MIMNAGH: Your Honor, as counsel for the
12 Plaintiff, Sherry Lorenz, I call Mr. James Taylor to the stand.
13 THE COURT: Okay.
14
December 15, 2005
Carlisle, Pennsylvania
THE COURT: This is Lorenz and Taylor in a custody
matter.
MR. TAYLOR: That's correct.
THE COURT: You are Mr. Taylor?
MR. TAYLOR: That is correct.
THE COURT: You are representing yourself today?
MR. TAYLOR: Yes.
15 JAMES LEE TAYLOR,
16 having been duly sworn, testified as follows:
17 DIRECT EXAMINATION
18 BY MR. MIMNAGH:
19 Q Mr. Taylor, my name is Attorney Edward Mimnagh, I
20 represent the mother of your child, Sherry Lorenz. Could you
21 please state your full name for the record?
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A
Q
A
Q
My full name is James Lee Taylor.
Your current address?
5801 East Lincoln, Wichita, Kansas, 67218.
How long have you been living at that address?
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A For six days now.
Q Who lives with you there at that address?
A My wife and my brother-in-law.
Q Is that it?
A Yes.
Q Where did you reside before your current address?
A Prior to that address I lived at 6895 South
Broadway, No. 241, Hazville, Kansas.
Q How long did you live at that address?
A About 14 months.
Q Are you currently employed?
A Yes, I am.
Q Where are you employed?
A RGIS Inventory Services.
Q What is your position?
A Audi tor.
Q How long have you worked there?
A At this time I have just started back. I have
worked there previously for about 4 and a half years.
Q What was the reason you left after 4 and a half
years?
A Could not deal with very rude comments from
management towards myself and my current wife.
Q So you are married?
A I am married, yes.
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Q
A
Could you please state her name for the record?
Her name is Trisha June Taylor.
How long have you been married?
Since May 8 of last year.
That is 2004?
2004, correct.
Q
A
Q
A
Q Now, Mr. Taylor, you have a child, a daughter with
the Plaintiff, Sherry Lorenz, do you not?
A Yes, I do.
Q
A
Q
A
Q
Would you please state her name for the record?
Her name is Rhiannon Oceana-Lorenz.
Her date of birth?
February 18 of 2000.
Where was she born?
A El Dorado, Kansas, the name of the hospital is
Susan B. Allen, I believe.
Q Pardon?
A El Dorado, Kansas, was the name of the city that
she was born in.
Allen.
I believe the hospital's name was Susan B.
Q Mr. Taylor, I am going to take you to February of
2000, which you just testified was your daughter's date of
birth, is that correct?
A Correct.
Q Where did you and the Plaintiff, Sherry Lorenz,
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reside after the baby was born?
A With Sherry's mother.
Q Her name is?
A Deb Lorenz.
Q Where was that?
A In Angusta, Kansas.
Q How long did you reside with her?
A I resided there I believe it was in the
neighborhood of four, maybe five months.
Then what happened?
I came home from work one day and Sherry kicked me
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Q
A
out.
Q
A
Q
A
Q
A
Q
A
August.
Q
separated?
A
Q
Where did she go?
Where did she go?
Yes?
Rhiannon you mean?
She kicked you out of the home?
Correct.
Do you remember what month and year this was?
I believe it was the end of July, beginning of
So August of 2000 you would say that you two
Correct.
So you left Sherry's mother's home, is that
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correct?
A
Q
A
Yes.
Where did you go?
I went to live with my mother until I could find my
own place.
Q So from August of 2000 when was -- as you allege,
Sherry kicked you out of the home, when was the next time you
saw your daughter?
A Within a couple of weeks.
Q Within a couple of weeks?
A Within a couple of weeks.
Q Under what circumstances did you see your daughter?
A I went to pick her up from ]\ugusta, that first time
I went to pick her up.
Q Did you have her overnight?
A I believe that first time I did have her overnight,
yes.
Q Could you just tell the Court how many times you
saw your daughter between August 2000 and let's say the
following year?
A The following year it would have been two to three
times on the average month, which would have
Q
A
Q
Two to three times a month?
On the average month, yes.
Were those visits overnight?
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The vast majority of them.
Did you agree that Sherry would serve as the
A
Q
child's custodian during these months?
A No, I did not.
Q But you didn't take any action with the Court, is
that correct?
A I could not afford the attorney to file the
actions. The State of Kansas doesn't supply as much help to
fathers as they do to mothers on such actions.
Q
Interesting.
It is true that Sherry and your child
live in Pennsylvania right now, isn't that correct?
A
Q
That is correct.
Do you remember the date that Sherry and your child
moved to Pennsylvania?
A July of 2003.
Q Was there any discussion between you and the
Plaintiff, Sherry?
A She called me and told me she was moving to
Pennsylvania to go to school and she was taking Rhiannon with
her.
Q What was your reaction?
A My reaction was that I didn't like the idea of
Rhiannon moving that far away from me. I said I would like her
to stay here at least until Sherry finishes school and give
Sherry more time to deal with school and me more time with my
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daughter until Sherry had managed to finish school and set
herself up with a decent job with a new college degree.
Q Following the timeline from August of 2000, the
date you separated from Sherry, until June of 2003, how many
times would you say that you saw your daughter? You testified
earlier that it was two to three times a month, would that be
safe to say?
A Yes, that was a continued thing. There were a
couple of months it was maybe once that month, and there were
other months that it would be I would have her for several
weeks. There were also --
Q Wait, you testified that it was two to three times
per month?
A Yes.
Q Now you are testifying it is several weeks?
A There were several of the times that I had her, I
would have her for more than four or five days at a time.
Q So it is your testimony between date of separation,
August 2000, and June of 2003, that you had your daughter for
sometimes for longer than four or five days at a time?
A Yes. There was also one point in time that Sherry
would return to Louisiana to return to school before she came
here to Pennsylvania, during that time I had her almost that
entire time.
Q Where were you living at that time?
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A At that time I was living on South Woodlawn in
Wichita, Kansas, 1941 South Woodlawn.
Q Were you working during that time?
A Yes.
Q Who were you living with at that time?
A At that time I was living with Trisha, my wife now.
At that time we were just starting our relationship.
Q Who watched the child during the day while you were
at work?
A Actually, I worked for a restaurant in inventory
service at that time. Most of my hours were late afternoon
through the evening.
Q You worked where?
A For a restaurant and also for an inventory service
company.
Q You testified that you worked four and a half years
for the employer that you currently work for, right?
A Yes.
Q I am not seeing the time line there.
A I worked for that company from '98 through 2003.
Q Okay, so I didn't hear the answer. Who watched the
child during the day?
A At that time my girlfriend, now wife.
Q So she watched the child. Did you happen to tell
Sherry that she was watching her child during the day?
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A I am not sure if I did or not.
Q So bring it up to June of 2003, Sherry tells you
that she is moving to Pennsylvania with the child?
A Correct.
Q You said you did not want that to happen?
A I did not want that to happen. As I explained
before, I figured that if she had gone to school in Louisiana
and Rhiannon remained in Kansas, I didn't see too much
difficulty in me retaining Rhiannon while she was going school
up here, give her more time with her studies.
Q Her studies? Is that what you said?
A During her studies, she said she was moving back
here to go back to school was what she told me.
Q So between June of 2003 and the present date, how
many times have you seen your daughter?
A Five.
Q Five times?
A I believe so.
Q Overnight?
A Two were vacations to me with my family. Well
three times, one of the -- three times total since then.
Another time my mother went to Pennsylvania to pick Rhiannon up
to bring her back to Kansas because Sherry said she was having
a surgery or something like that.
Q When was that?
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A I believe that was May of this year.
Q May of 2005?
A May of 2005, yes.
Q Have you supported the child financially since
mother moved here in Pennsylvania in 6 of '03?
A She moved here against my wishes.
Q Yes or no?
A Financially, no, I have not sent money to Sherry.
Q Other than those two or three times, the child has
been in Pennsylvania living with mother the entire time,
correct?
A Correct.
Q Now, your daughter goes to school, correct?
A I am unsure. She should, she is 5-years-old.
Q You don't know where she goes to school?
A I have asked her mother repeatedly for information
on the school, and I also asked her for proof that she was
going to be enrolled in school. When I asked for those, she
sent me something completely different.
Q
Pardon me?
A When I asked her for proof that my daughter was
going to be enrolled in school, instead she sent a document
asking me to sign over permission for Sherry to take Rhiannon
out of the country.
Q I am not following. When was the date that Sherry
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told you she was going to school?
A When she told me that Rhian~on was going to be
going to school?
Q Yes.
A That would have been late April early June of this
year is when I asked about her enrollment in kindergarten.
Q
A
Q
A
Sherry didn't tell you the name?
No.
Do you know where she goes?
No. I have still not been able to get that
information.
Q So then I can assume you don't know her teachers at
school?
A No, I do not.
Q Can you give the Court the name of your daughter's
pediatrician?
Her pediatrician here in Pennsylvania, no, I
A
cannot.
Q
A
Sherry.
Q
A
How about her dentist?
No. I received none of this information from
Did you ask Sherry?
I have asked her for several kinds of information.
The dentist and pediatrician I do not believe I asked for, but
I have asked several times for informat~on about the school.
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Via telephone call?
Via telephone, that is the only contact --
Not letters or anything?
No, I have not written --
Q
A
Q
A
Q
A
Q
her teeth?
A
Okay.
-- any letters.
Are you aware that your dauCfhter has an issue with
No, I am not. They looked healthy the last time
that I saw her.
Q When was that?
A This summer from May through to July 1.
Q So when you saw the child she didn't have anything
wronCf with her teeth, that is your testimony?
A Not that I saw, no.
Q Mr. Taylor, you are here today asking the Court for
primary physical custody of your dauCfhter, correct?
A Correct.
Q Where would the child go to school if you were
awarded primary physical custody?
A The Wichita public school systems.
Q You would not stay in Pennsylvania?
A No.
Q Don't you think it is against the child's best
interest to pull her out of Pennsylvania schools when she is
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already in there?
A
In some regard, yes, in other regards, no.
I have
Q So let's concentrate on why it is not in the
child's best interest to pull her out of school in
Pennsylvania? Why do you think it is not in the child's best
interest.
A Slight disruption in her usual routine.
Q A slight disruption?
A Also getting to -- every child goes through a small
period of acquainting oneself with new students and new
teachers. But she is a bright, intelligent child that gets
along with lots of people. She should be fine.
Q How do you know she is bright and intelligent?
A I know my daughter very well.
Q You just said that you have only seen her since
June of 2003 just two or three times, and you have also
testified that Sherry doesn't tell you anything that you ask
her for. How would you know? Are you taking a guess?
A
No, I --
THE COURT: How many questions are you going to ask
MR. MIMNAGH: Sorry, Your Honor.
THE COURT: Ask one question at a time.
MR. MIMNAGH: I am going to withdraw the question,
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Your Honor.
THE COURT: All right.
BY MR. MIMNAGH:
Q Do you have another reason why it would not be in
the child's best interest to take her out of the Pennsylvania
school system?
A Out of the school system, no.
Q It is just that the disruption, correct?
A Disruption, correct.
Q If you were to be awarded primary physical custody
of the child, what kind of custodial environment would you
provide, meaning where do you live right now and who do you
live with?
A As I have stated before, I live with my wife and my
brother-in-law.
I am doing this to try to save up a bit of money so
I can get my own home, a house where my wife, who is going to
have a child this March, and my daughter and myself can live.
Q You mentioned a house. What do you live in now, an
apartment?
A No, I live in a house now, but I am living with, as
I said, my brother-in-law to save money.
Q So you don't own the home?
A No, I do not.
Q Did you happen to see the home that Sherry has
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provided for your daughter?
A Yes, I have.
Q Would you say it is a big home?
A It is upper middle sized.
Q How many bedrooms are in it?
A As far as I am aware, there is two or three.
Q Isn't it true that there are three bedrooms?
A I am not entirely sure.
Q How about the neighborhood?
A That portion of Camp Hill looks to be a decent
neighborhood. There is a park just down the street I believe.
Q Don't you think that would be, and give your
opinion, would that environment be better suited for your
daughter than the environment that you have now down in Kansas?
A That I have at this precise moment, the household?
Maybe a little bit because we are just a touched cramped with
three people living there, but that would be changed very soon
upon returning to Kansas.
Q About Sherry, do you think she is a good mother?
A I think see loves her daughter very much.
Q Do you think she is a good mother?
A With the way she has treated me and treated my
daughter in regards to me, I do not believe so, no.
Q You don't think she is a good mother to your
daughter?
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A
Q
A
Not in several regards, no.
Just because of the way she treated you?
She refused to allow my daughter to come to my
wedding, my daughter was so looking forward to that. She
missed out on a lot of things.
Q But that lS it?
A No, that is not it
Q Well, what else?
A If you want me to go through a litany, I can.
Q I am asking you, why do you think -- the question I
will
I think what he is saying is go ahead
THE COURT:
through the litany.
A Thank you, Your Honor.
THE COURT: And don't interrupt him. Go ahead.
A There were times that Sherry has lost her cool,
lost her temper, that has happened several times.
She is hard
to communicate with at times.
She will say one thing and mean
something completely different, changes her mind often.
I don't really want to get into some of the other
things
BY MR. MIMNAGH:
Q Sure.
A
but I have to bring them up anyway. According
to what Sherry has told me during our relationship, she had
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1 several psychological episodes where she was interned in a
2 hospi tal.
3 Also at the beginning of our relationship she said
4 she was medicated for psychological issues.
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Q In the beginning of your relationship.
A At the beginning of our relationship --
Q Okay.
A -- she told me that, early in our relationship in
the first couple of months.
Also moving from Kansas, the few telephone
conversations I have managed to have with Sherry, she has
always ended up losing her temper very early in the
conversation, refuses to talk like a normal talk with me
like a normal person in normal tones to try to discuss things
and get them dealt with.
Instead, she will go immediately into
calling me names and threatening me with calling the police,
calling these people, calling those people.
Telling me things in front of my daughter like I
don't believe she is your daughter, you should have a DNA test.
Other things along that nature.
Q But also these alleged incidences were not that
important that you stopped her from going to Pennsylvania in
2003, correct?
A I tried to stop her from going to Pennsylvania
Q How exactly did you try to stop her?
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A I attempted to file a paternity order and I do
believe that it is against the law for any parent to take their
child from the state of residence without both parents'
consent.
Q Do you have a document?
A I have the paternity order that I attempted to
file, yes.
Q Was it filed of did you just attempt to file it?
A I attempted to file it before she left but she left
Q
A
Q
right?
A
Q
filed?
A
Q
A
You didn't file it?
It did not get filed because she was already gone.
But you could have filed it after she is gone,
It has been filed, yes.
Wait a minute, was it filed in Kansas or was it not
It was filed in Kansas.
So is there any court dates scheduled?
No, there was no court date.
It was not a hearing
of any kind, it was an acknowledgment of paternity and paternal
rights. I was acknowledging that she was my daughter and I was
acknowledging that I have particular rights as a father.
Q I am not following the document that you filed.
Was it a document to enjoin or stop her from moving to
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Pennsylvania?
A Included in paternal rights is the fact that she
could not leave for more than 90 days without my consent, and
that is in the standard set
Q So what you are telling us --
A of paternal rights listed in Kansas.
Q But the Court did nothing about it, is that what
you are testifying to?
A Yes.
Q Didn't you inquire?
A Yes, I did. Basically, what I was told is that I
needed an attorney to go in and file things, I guess that I
tried to file them improperly, I am not sure how. They
wouldn't tell me how I filed them improperly or what I had to
change.
Q So get an attorney.
A It is hard to afford an attorney when you are
trying to get to Pennsylvania to see your daughter.
Q But it is your daughter.
Is that a question?
THE COURT:
BY MR. MIMNAGH:
Q So you did not want to hire an attorney to get your
daughter back?
A I could not afford to hire an attorney with having
to take vacations to Maine so I could get a chance to see my
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daughter.
Q Back to your employment quickly, Mr. Taylor. Could
you please tell the Court how much your earn annually?
A How much I earn annually? In the neighborhood of
17 to 18,000 on the average a year.
Q It is your testimony that you do not provide any
financial support for your daughter, is that correct?
A Not while -- not since she has been in
Pennsylvania, no. I have been hoping to have my day in court
so I could attempt to get my daughter back.
MR. MIMNAGH: Court's indulgence.
BY MR. MIMNAGH:
Q Do you believe your daughter is any danger with
Sherry Lorenz?
A Danger of her life, not particularly. I believe
Sherry would probably protect that girl with her own life. In
danger of psychological scarring from not being able to spend
time with family, yes.
Q If the Court would enter an order allowing you to
see your child in Pennsylvania, would you accept that?
A It would be very difficult for me to.
Q Why is that?
A I would like my daughter returned to Kansas where
she can spend more time with myself and the rest of her family
that loves her.
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Q What about Sherry?
A Sherry has done this to me already. She has
already left Kansas and took my daughter from me. I don't see
how that is any less fair than what I speak of.
Q What do you mean fair? Fair to the child or fair
to you?
A Fair to the child. Rhiannon--
Q Well, the child has been living with --
A Against my --
Q Sherry for the past --
A wishes, yes.
Q I am sorry?
A Against my wishes as her father, yes, she has --
Q Okay.
A been living here since
Q So you think it would be okay for you to take the
child back to Kansas, although, she has been living with Sherry
for the past --
A I believe if I was able to take my daughter back to
Kansas, I can set forth -- or it could be set forth in the
court order for me to take my daughter back to Kansas, that
Sherry would have the right to see --
Q That is not what I asked. You think it would be in
the child's best interest
A Yes, I do.
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Q Why is that?
A More time with family that loves her. More time
with a father that loves her, less time with a mother who can't
seem to control her temper around people.
Q So you didn't think Sherry loves her?
A I have already said that Sherry loves her.
Q So you think the only reason why you want to bring
her back to Kansas is because Sherry has a temper and because
you believe that the child will --
A Because I believe the child would be better served
living with myself and spending more tiwe with her family that
is in Kansas, more stable people, people that are able to teach
the daughter better things.
14 Q But her maternal grandfather lives in Hershey,
15 doesn't he?
16 A I have no idea where her maternal grandfather
lives.
I know her maternal great grandmother is in a nursing
home here.
Q So the maternal grandmother lives in a nursing home
here?
A Great grandmother. Her maternal grandmother, the
last I knew, still lived in Augusta, Kansas.
Q You don't know where the maternal grandfather
lives?
A I have no idea where the maternal grandfather is.
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also to take the stand
proceedings.
MR. TAYLOR:
THE COURT:
MR. TAYLOR:
THE COURT:
Q
record?
A
Q
A
Q
A
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1 Q Do you own the house?
2 A With my brother.
3 Q You own the house with your brother?
4 A Yes.
5 Q Can you tell the Court how many square feet are in
8
A
Q
A
Q
A
Q
A
Q
record?
A
How about the bedrooms, how many bedrooms?
It has three bedrooms, and three bathrooms.
How long have you lived at that address?
For the past two years.
With your daughter?
Yes.
Can you please state your daughter's name for the
19 about since we moved here.
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20 Q Do you know any of her teachers?
21 A Yeah, I have met and talked with all of her
22 teachers.
23 Q Can you maybe give some names to the Court?
24 A Ms. Coy (phonetic).
25 Q And the subjects that they teach?
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1 A Okay, Ms. Coy is arts. I don't remember the other
2 names and what they teach because she has so many.
3 Q Does she take math?
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Yes, she takes math.
She has science, art. She is
I had her in gymnastics previously but not
in chorus too.
recently.
Q When did she start school?
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
Pretty much as soon as we moved up here.
Can you remember the date? Not exactly.
Probably in about October of 2003.
She sees a pediatrician?
Yeah.
The name of that pediatrician?
Dr. Bayley.
Where is he located?
She is in Mechanicsburg.
How about a dentist?
Yeah, she sees one that is in Camp Hill.
Does she have any issues with her teeth?
20 A Yeah, she has been having an ongoing problem with a
21 missing tooth. She has a -- teeth that are fuzed together.
22 There is like a bunch of them too that are underneath her
23 permanent teeth that haven't come up yet. There is like three
24 or four of them fuzed together.
25 Q When did you notice the problem with her teeth?
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A Well, I also noticed the front tooth hasn't come in
and it has been for a couple of years, but they had to wait
until she was old enough to get x-rays.
Q Do you have any other activities for your daughter
maybe after school?
A She is in chorus and she does plays. We always do
stuff together like go hiking, you know, like taking her to a
nature center, going outside and doing some different stuff
together.
Q Does she have her own room at your home?
A Yeah.
Q Does she have any friends in the neighborhood?
A She has a little boy right across the street, but
he moved recently.
Sherry, let's talk about you. What do you do for a
Q
living?
A
Q
A
Q
A
Q
A
Q
degree?
Right now I am a full-time student at HACC.
What are your studying?
Environmental technician.
Are you due to graduate soon?
Yes.
Are you going to go for your bachelor's degree?
I would like to go for my bachelor's, yeah.
What ultimately would you like to do with that
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A Environmental science, mostly regulatory work and
work with the state. Right now I have a technician .- I am
getting a technician's degree which is more samplings and
stuff.
Q You have someone else living with you at your home
with your daughter, is that correct?
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Yes.
What is he name?
Michael Stauffer.
How old is he?
He is 28.
What does he do for a living?
He has his own business.
Any plans for getting married?
Yes, we would like to get married.
Anyone else live at the home?
No, my brother sometimes stays with us.
You let him sleep over?
Yeah.
Q I am going to take you back to your relationship
with Mr. Taylor quickly. He testified that you two separated
In August of 2000?
A Uh-huh.
Q Where did you live after August of 2000?
A Well, I stayed with my mother for awhile, and then
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1 I got my own house.
Q
A
With the child?
Yes.
Q We heard testimony that you left for Pennsylvania
in June of 2003. From August of 2000 to June of 2003, how many
times did Mr. Taylor see your daughter?
A From 2000?
Q From the date you separated to the day you came to
Pennsylvania, how many times did Mr. Taylor see your daughter?
A Usually, he would see her once a month if I called
him all the time. Most of the time he came to pick her up he
would drop her off just over at his mom's house the whole time
and really he didn't visit with her too much.
Q Was he employed during that time?
A Half the time he was, half the time he wasn't.
Q Did he offer to provide any financial support for
the child?
A
No, he never, never would.
I have had -- half the
time I didn't know where he was living, he was always living
somewhere different. He wouldn't tell me where he lived so I
wouldn't serve him with the child support papers.
Q When he would pick up the child for these visits,
did he have an adequate vehicle to transport the child?
A He still had the car that his brother had given
him. The back window had been busted out for several years now
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and he never got it fixed.
Q Did he use a child care seat to transport the
child.
A Usually he took mine. A lot of times he would take
-- I would make sure she had clothes and everything with her,
half the time he wouldn't even give the stuff back.
Q When she did come back, did she seem to be clean?
A
bathed her.
Q How about nourishment, did she seem to be well
No.
I don't think -- I am not sure if he has ever
nourished?
A Usually she was really hungry when she got back.
Q I am going to take you now to June of 2003 and your
decision to leave with the child to Pennsylvania. We heard
testimony that you met with some objection from Mr. Taylor
already about taking the child out of Kansas. Can you tell the
Court how you approached Mr. Taylor about the news that you
were going to Pennsylvania in 2003?
A I told -- he knew for at least six months prior to
me moving that I had been talking about moving because I was
pretty excited about going back to school and everything.
Moving up to back where a lot of my family lives, I am
originally from this area.
Q So you have family living in Pennsylvania?
A
Yeah, a bunch.
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Q Your father lives?
A My father lives in Hershey. Both my grandparents
lives in Hershey. My grandmother is right now in Harrisburg,
she is in a nursing home.
Q So your daughter does have extended family ln the
area?
A Yeah, and my brother.
Q Let me take you to the time from 2003 to present
date. How many times would you say Mr. Taylor has visited your
daughter in that time span?
A Since we moved?
Q Yeah.
A I guess he might have saw her when his mom made
plans to visit with her.
Q How many times approximately?
A
Just one time when
just recently.
Q Did you invite him to come and see your daughter?
A He is almost never called ard I don't know where he
is living usually.
Q
The question was, did you ever invite him?
A He is always free, yes. And I have invited him and
I have asked him if he was going to come see her and he always
says that either he doesn't have the money or this or that and
these excuses.
Q Do you want Mr. Taylor to see your child?
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A Yes, he has always been free to see the child until
he started threatening that he was going to take her and keep
her and everything.
Q Absent those threats, if Mr. Taylor would agree to
visit the child in your home here in Pennsylvania, would you
agree to that?
A Yes, he has been in my home before. He even stayed
there for awhile when he was going up to _.
Q So he stayed overnight?
A Yeah.
Q So if you would tell Mr. Taylor that he could visit
with his child overnight in your home, would you agree to that?
A Oh, yes, that is fine.
Q How about taking the child to Kansas?
A I just don't feel comfortable with it because he
just doesn't seem to take real good care of her, much less most
of the times he won't make plans or ever call even; and half
the time I don't know where he is living.
Q Quickly, we have heard testimony that he has a new
residence as of six days ago, do you have that address?
A
Q
A
No.
Do you have his new phone number?
No.
MR. MIMNAGH: No further questions, Your Honor.
THE COURT: Mr. Taylor, of course, as I told you
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before, you will have the opportunity to testify in your case
in chief. At this point you do have the right to ask some
questions if you want, you don't have to, but you have that
right.
CROSS-EXAMINATION
BY MR. TAYLOR:
Q Sherry, you said a moment ago that I have only seen
her once since 2003, and yet at the same time you said that I
saw her that one time since '03 when my mom came to get her and
a minute later you said that I had stayed
MR. MIMNAGH: Objection, Your Honor.
THE COURT:
the question.
BY MR. TAYLOR:
It has to be a question. Just get to
Q How could I have only seen her once if I have seen
her once when my mom brought her back down to Kansas and once
while I stayed at your house on my trip to Maine?
A It was on a prior occasion that you went to Maine,
it was before I had ever moved that you went up to Maine to
visit your father that you went to the house. We were kind
enough to let you stay there.
Q
How were you here if it was before you moved that
24 you were kind enough to let me stay there?
25 MR. MIMNAGH: Objection, Your Honor.
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THE COURT: What is the objection?
MR. MIMNAGH: Compound question, ambiguous and
argumentative.
THE COURT: Overruled. Go ahead.
A I didn't say that I was living here at the present
time when you were at the house before. You have been to the
house before.
BY MR. TAYLOR:
Q You just said that you hadn't moved here yet, and
yet you also say that
A Yeah, but you stayed there while I had -- you had
asked to take Rhiannon and I allowed you to go visit your
father in Maine and you had went there and on the way back you
stopped by in Camp Hill and you had stayed at the house. Had
you not?
Q
Yes, I did stay there for seven hours.
It was
seven hours.
You also say that I had never asked to see
Rhiannon, did I or did I not ask you if Rhiannon could come to
my wedding?
A The one time you called, yes.
Q How did you respond to that?
A I asked when it was and everything. We had already
had other plans because you had never discussed it with me at
all.
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Q Other plans?
A You never discussed it with me. You never called
prior to that.
Q I have called several times.
MR. MIMNAGH: Objection.
THE COURT: Question?
BY MR. TAYLOR:
Q When you said that I had been threatening about
taking her and keeping her, could you clarify this threatening
that you say I did?
A Yes. Several times you had verbally threatened me
to take the child that I would never see the child again. The
last time you came up your mother even came to my house and was
threatening me.
I made her leave because I said it wasn't fair
to do that and bring it up in front of the child.
Q Speaking of bringing things ~p in front of the
child, how many times have you yelled at me over the phone with
Rhiannon in earshot being able to hear you?
A I never believe I have.
Q This last time that Rhiannon was in Kansas and she
was with me there was several times that we talked on the phone
while she was with us. The last telephone conversation that we
had before you came and removed Rhiannon, could you tell me how
that conversation went?
A I asked how Rhiannon was doing.
I talked with
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Rhiannon awhile. What else, I wanted to see how my daughter
was doing and talk to her for awhile and I asked why she wasn't
returning home because she had to start o;choo1 soon,
kindergarten, at the same school she had already been going to
for about a year and a half.
Q As far as the conversation between me and you, do
you remember how any of that conversation took place?
MR. MIMNAGH: Objection, Your Honor, asked and
answered.
THE COURT: Overruled.
A We just talked and I asked to speak to my daughter
and I asked why you would not release her back home after I had
kindly let her go visit, and then I just asked to speak with
her and I talked with her for awhile.
BY MR. TAYLOR:
Q Kindly let her go visit. Didn't you ask my mother
to come pick her up so you could go into the hospital for a
surgery or some sort?
A No, actually, my mother wanted to visit her
granddaughter and my mother actually paid for your mother to
come up and actually she paid your mother to bring her back
which never happened.
Q As far as what you said earlier about Rhiannon's
state when she was returned to you after I had her for awhile,
how many times would you say that you kept possessions of hers
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that I sent over to your place with her?
A The only things I have kept were the stuff that was
given to her by other family members.
Q What about the Leap trog Learning System I gave
her?
A
Q
I don't have it.
I know I had bought two for her.
Did you leave it ln your house in Augusta along
with several of her other possessions?
MR. MIMNAGH: Your Honor, I am going to object,
this is outside the scope of my direct examination.
THE COURT: That is overruled. This is a custody
case, there is no such thing as something that is outside the
scope.
A What was your question again?
BY MR. TAYLOR:
Q Was her Leap Frog Learning System that I gave to
her left at your house in Augusta?
A I don't remember you ever buying her anything.
Q Do you remember me buying her a winter coat her
first winter?
A No.
Q With you at Toys-R-Us?
A I remember you buying her a pair of shoes once, and
I think that is the only thing I ever remember you buying her.
Q You were present with me when I purchased that for
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her. Do you remember the countless gifts that myself, my
family gave to her?
A I remember your family buying her stuff, yes.
Q Do you remember me coming over several times with
bags of food and care goods?
A No.
Q You said earlier that when I returned her to you
she was all dirty and never clean?
A Yes. Most of the time she hadn't been bathed and
she even told me, I asked her.
Q You also said that she came back hungry all the
time?
A Most of the time, yes.
Q How old was she at the time that she kept coming
back saying she was hungry?
A Prior to moving.
Q Do you remember how much and how often you would
eat at that age?
A About three times a day.
Q She ate continuously while she was with me, she
would have meals, snacks.
THE COURT: Wait a minute, you can tell me that.
That doesn't sound like a question of her.
BY MR. TAYLOR:
Q Could you tell me how many times your daughter
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would come to me from being with her mother as dirty as she was
that she went to you?
A No.
MR. MIMNAGH: Objection.
THE COURT: I don't understand the question. So I
can't rule on any objection. I don't understand what he is
asking.
BY MR. TAYLOR:
Q When was it that you say that I wouldn't tell you
where I lived?
A Most of the time I didn't know where you lived
because you would move about every three months. I don't think
you ever had a place in your own name.
Q How would you know that I moved every three months
if I never you told where I lived?
A Because usually you would say that you moved and a
lot of times your family members would tell me that you moved.
Q Could you tell me any of these places where I
supposedly lived, any of my
A I wouldn't know because you have never allowed me
to go to the house.
Q I am trying to figure out moving every three
months, that would be about nine different addresses I would
supposedly have in that amount of time and you can't give me
any of them?
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A Well, no, I don't know. I have never been to your
place. You have never allowed me to and you have never talked
with me and you avoid the question.
Q Have you ever asked me if you could come over to
any of my places?
A Yes.
Q When?
A Several times when I still lived there because your
daughter wanted to see you.
Q Could you be a little more specific on when or how
you would ask me these questions because I am not aware of
them?
A Usually when I called you on the phone because your
daughter missed you. I will call you on the phone and ask when
you were coming to visit because you hadn't visited for a long
time in about a month, so I will call you and ask you to visit
with your child because you child missed you.
I would ask
where you were and if you were working, where you were working.
I could never get a straight story. It always changed.
Q Could you tell me anything about the experience of
going to Louisiana, my coming to Louisiana to help you through
school while you were pregnant?
A Yes, you had -- I had been in college when I found
out I was pregnant and I had a full scholarship. But you said
you were coming down for about three months and then about
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three months after that you came down and I stayed there about
two weeks. I didn't feel comfortable living in a hotel room
and there had been -- I asked my mom to come pick me up because
I wanted to move back in with her after I found out that there
was marijuana in the place.
Q Three months that you had been in school for
been back to Louisiana in school for just a little while
MR. MIMNAGH:
I am going to object to this line of
questioning.
It is irrelevant, we are talking about the time
period when the child is alive, not before.
THE COURT: How is this important, Mr. Taylor?
MR. TAYLOR: I am trying to attempt to prove that I
had quit one job to go help her through school because she was
now pregnant and struggling through school and I went to help
her and shortly after getting there she (jot up and left without
waiting for the end of the semester. I am just attempting to
prove that I have been trying to be there for my dau(jhter since
before she was born.
THE COURT: Go ahead.
BY MR. TAYLOR:
Q You found out you were pregnant while you were in
Louisiana in college?
A Uh-huh.
Q How long did it take me to get down there after I
received that news?
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A
About four months.
Q You said about three months a minute ago.
MR. MIMNAGH: Objection.
A Three, four months.
BY MR. TAYLOR:
Q Three, four months?
A
Uh-huh.
Q How long had I been down there before you left?
A I think it was only a month until I left.
Q It was because you were uncomfortable living in a
hotel room. How long does it normally take you to find a place
to live when you have changed locations or attempting to change
locations?
MR. MIMNAGH: Objection, that calls for
speculation.
THE COURT:
Sustained. We have gone too far
afield.
BY MR. TAYLOR:
Q Did I or did I not quit my job to come try to help
you through college?
A I am not sure if you were fired or you quit.
Q Did I or did I not come to Louisiana to try to help
you through college while you were pregnant?
A Yes.
Q You say you are a full-time student now?
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A
Yes.
a Where did you work before you became a full-time
student?
A What?
a Where did you work before you became a full-time
student here?
Oh, I have been a dancer.
An exotic dancer?
A
a
A
Uh-huh.
a Has Rhiannon had any chance to encounter any of the
people who work or frequent that establishment?
A No, I usually go to work and my daughter is cared
for by a babysitter. Usually I work late hours while she is
asleep.
a Where did you meet the gentleman that you are
involved with now?
A We met at a local bar.
a
At a local bar.
The previous boyfriends you have
had, have you met any of them through these establishments?
A No.
a There was a gentleman right after you and you
separated by the name of James in Kansas, can you tell me where
you met him?
A Oh, he lived in Augusta in the town I lived in.
a You didn't meet him at the strip club you worked at
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there which is what you told me before?
A No.
MR. MIMNAGH: Objection, Your Honor, foundation.
THE COORT:
Foundation?
MR. MIMNAGH: We haven't heard any questions about
where she worked prior to mentioning it is somewhere in Kansas.
There has been no questions about --
THE COURT:
Your objection is overruled.
MR. MIMNAGH:
Thank you, Your Honor.
THE COURT:
MR. TAYLOR:
Anything else?
Not that I can think of at the moment,
Your Honor.
BY THE COURT:
Q Ms. Lorenz, what does your daughter call this man?
Sometimes she calls him dad and sometimes James.
So she is aware that she has a dad?
A
Q
A
Yes, yes.
I make sure that she knows that it is
dad and everything.
Q I guess she really has no idea how far Kansas is
from Pennsylvania?
A No, she doesn't quite get that. She knows it is
far and hard for him to come see her, but yeah.
Q Does she ask about him?
A Not much any more. She used to all the time and I
would call him and he was always too busy to come see her or
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anything.
Q I have heard reference to Mr. Taylor's mother.
A Uh-huh.
Q She has visited with your daughter?
A Yes, I let other family members come and see her.
I have even kept better contact with his father than he has.
Q His mom lives in Kansas I take it?
A Yeah.
Q You are telling me that even if you had the
protection of a court order that your are not satisfied to see
the child go to Kansas like in the summertime and Christmas and
times like that?
A No, I am just afraid for her care because
previously he just -- shows very little care for her, like
personally grooming.
time she is with him.
THE COURT: Okay. Anything further?
She wouldn't be bathed for like the whole
MR. MIMNAGH: No redirect, Your Honor.
THE COURT: Thank you, you can step down. Anything
further?
MR. MIMNAGH: Your Honor, just since the Defendant
opened the door, quickly, I would like to call Mike Stauffer to
the stand, please.
MICHAEL STAUFFER,
having been duly sworn, testified as follows:
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DIRECT EXAMINATION
THE COURT REPORTER: Would you spell your name,
please.
A Michael Stauffer, S-T-A-U-F-F-E-R.
BY MR. MIMNAGH:
Q Now that you have your name for the record, can you
tell the Court how old you are.
A I am 28.
Q Are you employed?
A Yes, self-employed, I own my own business.
Q
A
Q
A
Q
A
Q
A
You know Sherry Lorenz, do you not?
Yes.
How do you know her?
I met her at a bar about a year and a half ago.
Are you her fiancee?
Yes.
Are you engaged to be married?
Yes.
Do you currently live with her?
Yes.
Q
A
ago,
Q How long have you lived with her?
A I moved in on a full-time basis about three months
three to four months ago.
Q So you know her daughter?
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A Yes, very well.
Q How long before you moved in there did you start a
relationship with Sherry?
A We went on our first date with Rhiannon December 10
of 2004.
Q Do you know the Defendant, Mr. James Taylor?
A Not personally, no.
Q Can you tell the Court since you have lived with
Sherry how many times he has been in contact with his daughter?
A To the best of my knowledge, he personally has
called one time. His mother has contacted Sherry several times
to talk to Rhiannon and she was always allowed to speak with
her. But as far as James, I can only recall one time that he
called.
Q But she didn't speak to him?
A No. No, I did answer the phone and he asked to
speak with Sherry, so I gave the phone to her.
Q Since you have a relationship with Sherry, the
child's mother, if the Court would order Mr. Taylor to visit
his child in your residence with Sherry, would you have an
objection to that?
A No, no, that would be fine. He is her father, I
think he needs to see her and should see her.
Q Hypothetically, if the Court would order that
Mr. Taylor spend over nights in your residence to effect
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custody with his daughter, would you have an objection to that?
A I would be comfortable with it as long as he is
well behaved I would say.
Q What does the child call you?
A Mikey.
Q Do you like the child?
A Yes.
Q Do you play with the child?
A Yes.
Q What games do you play?
A Her favorite recently has been hide and seek. She
also is into Lord of the Rings, that card game. She really
loves art, we draw, paint all the time.
Q Very good. No more questions, Your Honor, thank
you.
THE COURT: Do you have any questions, Mr. Taylor?
MR. TAYLOR: Just two or three.
CROSS-EXAMINATION
BY MR. TAYLOR:
Q Of the number of times that my mother has called,
have you listened to those conversations?
A No.
Q Is it possible that the phone could have been
handed to me while I was sitting at my mother's house so I
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could speak to Rhiannon?
A Yes, that is possible. But I know that you haven't
initiated the call. I didn't say that you didn't speak with
her.
Q I understand that.
MR. TAYLOR: That is all the questions I have.
MR. MIMNAGH: No redirect, Your Honor. Your Honor,
the Plaintiff would rest.
THE COURT: Very well, okay. At this point we will
take a break, about ten minutes, and then we will hear from
Mr. Taylor.
(Recess.)
THE COURT: Mr. Taylor, you were still under oath
and you are welcome to come up and add anything that you wanted
to your testimony.
MR. TAYLOR:
I was wondering if there is a chance
that I could call my mother to the stand.
THE COURT: Certainly.
MR. TAYLOR: I would like to call Sandy Walmbolt.
SANDY LEE WALMBOLT,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY THE COURT:
Q Just preliminarily, ma'am, would you state your
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name please for the record?
A Sandy Lee Walmbolt, W-A-L-M-B-O-L-T.
Q Where do you live?
A 543 South Derby Avenue, Derby, Kansas, 67037.
Q You are related to the Defendant I take it.
A I am his mother.
THE COURT: Okay, what did you want to ask about?
BY MR. TAYLOR:
Q During the times that I would have Rhiannon or she
would be with me, did I seem to feed her properly?
A Yes, yes.
Q Was she bathed?
A I have seen her in your tub a couple times.
Q How many times would you say that we, you or I, or
the both of us, would send care packages or take care packages
to Sherry or Rhiannon while they lived in Augusta, Kansas?
A I know that my husband and I took care packages at
least once. Sherry never asked for help, but we did it anyway,
because she is a single mom. And seeing yours, I didn't see
it. It doesn't mean you didn't do it though.
Q How well was Rhiannon fed while she was in your
care?
A She ate all the time. May I say something. She
told me this last time, she said it several times, my mommy
doesn't feed me enough, and that is the truth.
I couldn't
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2 trying to keep her as skinny as Sherry is. She said it several
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times. Kids do say things.
Q She was bathed while she was in your care.
A All the time, all the time.
Q As far as visits with Rhiannon, how often would you
say that I visited Rhiannon while she was still in Kansas?
A Okay. All the time. Rhiannon would come and stay
with me for a few days, she would go back and forth between me
and James the whole time she was without you.
Q Could you give a rough estimate how many times per
month or per year.
A At least every couple weeks.
Q Have I made purchases for my daughter?
A Yes.
Q Have you made purchases for my daughter?
A Lots. We have receipts.
Q As far as possessions not being returned, are you
aware of any possessions that I would keep and not return of
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Rhiannon's?
A I kept dirty clothes so I could wash them and send
them back the next time. I didn't send home dirty clothes.
Q How many times would possessions that you would
send with Rhiannon that were from your house get kept at either
her mother's or her grandmother's home?
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Q
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I am not quite sure what you are talking.
Were there ever any possessions that were not
3 returned when Rhiannon came back to spend time with you or me?
4
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You mean's Rhiannon's possessions that wasn't
5 returned by me?
6
Q
That weren't returned by Sherry or her mother when
7 we received Rhiannon?
8
A
I am not sure.
I considered it all Rhiannon's.
I
9 didn't, you know.
10
As far as the conditions of Rhiannon when we would
Q
11 pick her up, was there ever any times that we would pick her up
12 and she wasn't bathed or acted exorbitantly hungry?
13 A When I picked Rhiannon up from Sherry's, she was in
14 pretty good condition when she went, yes.
15
When I picked her up from her other grandmother's
16 after she had been there a couple days, she would come back
17 filthy. But her other grandmother is her mother.
18 Q What were Rhiannon's conditions when you would
19 receive her for a visit from me?
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Q
She was fine, just fine.
Did you ever bear witness to any calls or
22 conversations between me and Sherry?
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A
Q
Yes, several.
Could you tell me how, an example of one of
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A They usually ended up with you holding the phone
like this and hanging up soon and saying I am not going to let
her talk like that about me in front of my daughter and you
hung up is what you usually ended up doing.
Q How many times would you say that I called up here
over the course of the average year since she has moved here --
A Since she has moved to Pennsylvania?
Q Yes.
A I have seen you on my phone a few times, I don't
know about. . .
Q More than once?
A Yes, more than once.
Q Have there been any changes in Rhiannon's behavior
since she has moved to Pennsylvania with her mother?
A
Yes, yes, it is a little worrisome.
She is
definitely harder to handle. She had a major fit the first day
she was at my place. Well, probably the second day. When
she I brought her to Kansas and she shortly after that went
to her other grandmother's, her other grandmother's, and when
she came back to my place she had a major fit saying that my
mom told me that you were never going to have any time for me
any more because of the new grandson that we have. She tore
down curtains and everything, screamed and just went right at
it .
Q She had never done anything like that before?
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A She never questioned whether or not I would have
time for her before, never.
Q Can you think of any other particular oddities in
her behavior or an --
A There was one other thing that really worried me.
Rhiannon, when we gave her a bath, she would act like any other
kid. When she got out she would run around naked, and I chased
her trying to get her clothes on, laughing and going at it.
Well, this one time this last May when we went and got Rhiannon
and took her for a couple months so Sherry could have the
operation, which by the way I don't think she had, Rhiannon
stopped naked, wagged her bottom, wagged her boobies, and asked
me and grandpa if we liked it, and that really worried me.
Q Do you remember the circumstances surrounding
Sherry's original move to Pennsylvania?
A Yes.
Q
How did we or yourself hear initially about the
18 move to Pennsylvania?
19 A It was about three weeks before Sherry went, Sherry
20 had spoke to me that she was planning to go and her mother also
21 spoke to me about it saying, don't you think it would be better
22 for Sherry if she started a new life somewhere, could I blame
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her for that, her mother, but it was only just a few weeks.
was not no six months.
Q Could you tell me what my reaction was or what I
It
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2 A Absolutely not, you are not taking my daughter.
3 That is what you -- and you thought for sure the cops would
4 keep her from doing it.
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10 what you heard about what happened on the 1st of July of this
11 year?
Q Do you remember the 1st of July of this year?
A The 1st of July?
Q The 1st of July of this year?
A Yes.
Q I know you weren't there, but could you tell us
A
About?
MR. MIMNAGH: Objection, hearsay.
THE COURT: The way that is phrased, it is, yes.
Sustained.
BY MR. TAYLOR:
Q Could you please tell us what I did, what you were
a witness to me doing on the 1st of July of this year?
A Sorry.
Q Do you remember what I did on the 1st of July of
this year, my reactions?
A My understanding is that you had just left for work
and Sherry's brother, Sherry's mother, Sherry's mother's
boyfriend and some other person, is that what we are talking
about, showed up at your home, Sherry knocked on the door and
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1 said I want my daughter and Trish, your wife, said, wait here,
2
and went -- and got Robert.
She went in any way and took
3 Rhiannon.
4 Q Could you possibly tell me a little bit about how
5 myself reacted to that situation that day or the following days
6 immediately?
A
When you called me you were really upset, yes,
really upset. Went to the cops and filed reports. Sherry had
called me the day before and asked where Rhiannon was and I
told her you had her.
Q While in Kansas, did Rhiannon receive what she
needed from our side of the family?
A Okay. I am not sure. Always? She was always fed,
she was always loved, she was always clean. She had plenty of
clothes. There was once, only once she was sick in my care,
and she was over that overnight. I gave her the Tylenol to
bring it down. Yes. She was always taken care of.
Q Did I appear to be a loving or devoted father?
A You are one of -- more loving than most with your
child, yes.
Q Did I ever do anything or give you or your husband
anything in an attempt to make sure that Rhiannon was cared
for?
A What are you talking about, permission to get her
treated if she got hurt?
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Q Yes.
A Yes.
Q So I gave you documents saying that I would give
you permission to treat her
A Treat her if he got hurt if she was with us if we
couldn't get to you, yes.
Q Did you ever receive anything such as that from
Sherry?
A Yes, yes. When Rhiannon lived with us for seven
months, yes. While Sherry was in school in Louisiana she lived
with us for seven months.
Q Did Rhiannon ever say anything to you during this
last time that we got to see her about how she was treated or
how she felt being in Pennsylvania?
A
Q
Sorry?
Did Rhiannon ever say anything to you while she was
with us this last time
A Yes, yes. She says I hope dad keeps me as long as
my mommy has kept me from him is what Rhiannon said to me about
the whole thing, yes.
Q Did she say anything about how she is treated in
Pennsylvania or any differences
A The only thing that she said out of her mouth was
that she didn't get fed enough. I am not quite understanding,
25 because she eats all the time. But she had told me that a
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couple times that she doesn't get fed enough.
Q Is there a chance that could just be a hungry,
growing child?
A It could be. It could be. Maybe she is talking
she doesn't get snacks or eats differently, I am not sure. I
am not sure.
Q If I was to get custody of Rhiannon or at least
primary custody of Rhiannon and she came to Kansas to live with
me, would my family be capable of helping me with anything I
wasn't quite able to do?
A No doubt, yes.
Q Would there be
A We would take care of, yes, we help you in any way
you need.
Q Will there be a stable residence and a stable
environment for my daughter in Kansas?
A If not with you, with me. Either way. If you end
up moving or something and you need help, I am right there.
Q How many relatives does Rhiannon have in Kansas?
A
She has her dad, her paternal grandmother, the
21 maternal grandmother, uncle on her mother's side, an uncle on
22 her father's side, and a grandfather.
23 Q Would you be willing to trust my recently added
24 relatives through my wife around?
25
A
I forgot, your wife. Sorry.
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Would you consider my in-laws-relatives --
And I
Q -- to be trustworthy
A Yeah, and --
THE COURT: Wait a minute.
the same time.
You are both talking at
BY MR. TAYLOR:
Q Would you consider my new in-law relatives to be
trustworthy around Rhiannon?
A Yes, I would, yes.
Q Have you ever seen me do anything that would
endanger Rhiannon?
A No, I haven't.
Q Anything that would harm her?
A No, no.
MR. TAYLOR: That is about all the questions I
have.
THE COURT: Okay.
CROSS-EXAMINATION
BY MR. MIMNAGH:
Q Sorry, I did not get your first name.
A Sandy.
Q Do you mind if I call you Sandy?
A Sure.
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Q Sandy, you testified that your son is a loving
husband and father?
A Yes.
Q And you also testified that your family would be
willing to help him if the child would move --
A Yes
Q
-- to Kansas?
A Yes.
Q But isn't it true that since the child was born you
have actually thrown your son, Mr. Taylor, out of your home
several times?
A Once.
Q Could you explain the circumstances --
A Once.
Q around that?
A It was last January when we had the ice storm and I
was stressed right out because electricity was out. By the
second date it was obvious we were going to freeze to death,
and I needed a ride to Wal-Mart because my vehicle was in the
shop and I asked him to get out of bed to take me to get
candles and maybe little propane tanks and things like that,
that we needed to help heat the house and he didn't want to get
out of bed yet and I was stressed out and I kicked him out,
yes.
Q
Regardless, it sounds like you and your son have a
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pretty close relationship?
A Most of the time, yes.
Q Are you aware that Mr. Taylor has another child to
another woman?
A Born or not born?
Q No, another child living?
A No. I am aware that she has said that she had his
child. And I am also aware that everybody that knows her has
said the baby is black, it is not his.
Q So it is your testimony that you are aware of there
is a child out there whose mother professes that Mr. Taylor --
A Yes.
Q -- is the father?
A Yes.
Q Are your aware that there is a court order for
child support for that particular child?
A At one time, yes, yes.
Q Are you aware that the paternity tests for that
child came back positive that Mr. Taylor was
A No, he has never been tested.
Q
Okay, that is your testimony.
A Yes, he has never been tested.
Q Are you aware that there is a child support order
for the child at issue here today against Mr. Taylor?
A A what?
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A
A child support order?
I am sure there is.
I am not aware, but I am sure
there would be.
Q Do you know if he has made any payments towards
that?
A I have had that discussion with him and he said
that I am not paying for her to keep Rhiannon against my wishes
in Pennsylvania. Because it was never --
MR. MIMNAGH: Thank you very much. No more
questions, Your Honor, thank you.
BY THE COURT:
Q You and Mr. Taylor did come out from Kansas for
this hearing, right?
A Yes.
Q You drove?
A Yes.
Q How long a drive is that?
A It is 24 hours just about.
Q 24 hours?
A Yes.
Q If Rhiannon were to visit you in Kansas, assuming
for the moment that her mother maintained primary physical
custody for most of the year and the child would visit with you
occasionally and perhaps even for a long period of time in the
summer, have you and Mr. Taylor discussed anything about how
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the child would get to and from Kansas?
A No, no.
Q How long do you plan to remain here in
Pennsylvania?
A We were hoping to leave before the storm hit, but
it is starting to snow. We were heading to Connecticut. We
have my best's friend's daughter and her daughter's son.
Q So you are leaving Carlisle to go to Connecticut?
A Yes.
Q Today sometime?
A We were hoping, but it doesn't look like we are
going to make it.
Q Why not?
A
Q
A
Q
It is snowing.
Is it snowing already?
Yes, it is going to get worse instead of better.
What I am getting at is are you going to be around
at all if I don't award him custody or I haven't decided the
case or whatever, are you going to be around at least so that
he can visit with Rhiannon at Christmas time? They said that
you folks could come over to the house.
A This Christmas?
Q I am talking about this week, yes.
A
Q
This week?
Yes.
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A We were coming right back through. We could, yes.
Q All right.
A If it was next week or this weekend even, we could
do it this weekend.
Q I just wanted to find out what the travel plans
were.
A We brought Christmas presents, we were hoping to.
Q You certainly should give her a Christmas present.
A Yes.
THE COURT: Thank you very much, you can step down.
Mr. Taylor, do you want to say anything?
MR. TAYLOR: Yes, I was going to ask first, I have
got several statements from friends and relatives of mine in
Kansas that couldn't make it here today.
I was wondering if I
could place these statements as an exhibit.
THE COURT: Have you shown them to counsel?
MR. TAYLOR: I am more than willing to.
MR. MIMNAGH: Your Honor, I will say for the record
that I will object to the admission of these exhibits, they are
hearsay.
I can't cross-examine letters.
THE COURT: That is true.
If you are introducing
the letters for the truth of anything that was said in the
letter, then it is hearsay.
I will let you take the stand and what you can do
is outline to me not what you think other people would say but
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the issues that other people would address. If I think they
are critical issues, it is possible to get a witness on the
telephone, but I will tell you right now where I am going with
this case.
Let me think out loud a bit about it. Had this
case been brought in Pennsylvania in 2003, there is a
possibility that a judge, a possibility that a judge would not
have allowed her to move to Pennsylvania, if the shoe were on
the other foot, and may have awarded you custody if she had
left.
gone by.
But this is not 2003, this is 2005, 2 years have
She has been the primary physical custodian of this
child, and I think it is unrealistic to expect, and it would be
irresponsible of me too, to change primary physical custody
based on what I have heard so far this morning.
However, it is equally untenable to suggest that
the father visit with his daughter only in Pennsylvania. That
borders on the absurd.
This child has to grow up knowing and loving both
of her parents and that is going to be difficult given the
distance that separates you. The only way I can think of that
you can be a part of her life is to maintain regular phone
calls.
I don't know if you do it computers, E-mails, whatever,
and see her for extended periods during the year. As she goes
to school, those will include only times like that she is off
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from school.
We would also have to give some consideration to
the summer and whether that should be broken up or not.
I have
no idea how this child would react if she spent ten weeks away
from her mother in the summertime.
those things.
So, that is kind of where I am in this case.
I just don't know about
If
you think any of these people who wrote any letters there could
shed any light on the dilemmas that I have just described, then
I would be happy to either continue this hearing or try to get
them on the phone or whatever.
MR. TAYLOR: I am sure that there is at least three
THE COURT: They are going to tell me that you are
a good dad, and you haven't seen as much of the kid as you
should, but there have been some roadblocks.
MR. TAYLOR: There is a few of them that have bore
witness to a couple of particular things, but outside of that,
I believe the majority of them are at work at this hour.
THE COURT: Okay.
MR. MIMNAGH: Your Honor, may I speak at this time
on the record.
I promise I will be brief.
THE COURT: Yes.
MR. MIMNAGH: Obviously, as an officer of the
25 Court, he is entitled to set forth his case, and I am,
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obviously, not going to have an objection.
If Your Honor would
like to suspend this hearing so he can bring his witnesses up
from Kansas or wherever they may come from. But on the other
side of the coin, Your Honor, I think the Plaintiff and I will
stipulate, I think from the very beginning that it would be in
the child's best interest to see her father and we would be
delighted to stipulate to extended periods in the summer and
during the holidays let's say Christmas or Thanksgiving. If
that would help the Court, I offer you that.
THE COURT: Okay. Maybe you could even sit down and
negotiate some resolution in this in the time that remains this
morning.
MR. MIMNAGH:
I say for the record, Your Honor,
that we did, myself and Defendant, did talk outside, and
correct me if I am wrong, but he is not willing to settle for
anything less than primary physical custody, now his mind could
have changed since then.
THE COURT: I will change it for him. I have just
stated that I do not think that that prospect is realistic.
And given that, you can resolve it now. The hazard that you
run into if you enter into an agreement is that you can't
appeal anything to the Superior Court of Pennsylvania. If you
want to preserve that right to appeal, then certainly, do that
and I will enter a decision.
But I have found it generally speaking to be the
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case that two parents are usually better able by agreement to
reach a resolution which is mutually acceptable and it is
generally better than anything that I would impose.
Your ability to sit down and talk and reach an
agreement also is an important first step in demonstrating that
you love this little girl more than you hate each other. So if
you think to take a break here would profit anybody this
morning, I will be happy to do that.
MR. MIMNAGH: I would be delighted to do so.
THE COURT: Would you like to do that?
I would like to, yes, Your Honor.
I will let you folks talk.
MR. TAYLOR:
THE COURT:
(Recess.)
THE COURT:
I didn't expect to be back on the bench
so soon. Have you made progress?
MR. MIMNAGH: Yes, Your Honor, the parties have
reached an agreement in large part and are just simply looking
to the Court for a little advice on the latter part that I am
unsure of and so is Mr. Taylor.
The parties will agree that mother will remain
primary physical custodian subject to the following terms:
Mother will enjoy Christmas on the odd numbered years, father
will enjoy Christmas on the even numbered years. As for the
Thanksgiving holiday, the parties will alternate Thanksgiving
with father receiving the odd numbered years and mother
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receiving the even numbered years.
Transportation to effect the holiday physical
custodial schedule is to be agreed to by the parties.
Mother agrees that father should have time In the
summer, however, the parties would look to the Court for advice
on effecting such a schedule.
As Plaintiff's counsel, ten weeks is an awfully
long time for a five or six-year-old girl.
If she was ten or
eleven, I don't know.
Defendant, Mr. Taylor, was kind enough
to let me address the Court and ask for some guidance in that
capacity. I am a new father myself, so I just know the law on
some occasions.
THE COURT: You haven't taught theITl to drive yet
like I have. That will take years off your life.
Normally, I have seen it done and have ordered that
it would start out one year with a month, and then the next
year to five weeks, and then the next year to six weeks, and so
forth, so we grow in over time into a protracted period. That
would be a suggestion as to how it is done. Thirty days I
don't think to begin with would be too much for a
five-year-old, but much more than a month would I think begin
to stretch matters; then of that, we certainly would expect to
eventually grow into much of the summer, certainly,
tentatively.
MR. MIMNAGH:
I caD say as counsel you learn
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something new every day. I can speak on behalf of Plaintiff
that we would have no problem with a schedule like that, Your
Honor.
THE COORT: I know that is not very satisfying to
the father for the first year or two, but at least it gives him
something.
I will ask that what has just been said be
transcribed, and I will do it in the form of an order which
will award the parties joint legal custody and try to find some
language in some other order that talks about the importance of
you two sharing important decisions together, the important
decisions in life. I normally put in, and hopefully in this
case it will be unnecessary, an admonition that neither party
disparage the other in the presence of the child. I think
those are important things, and that you keep each other
apprised of your phone numbers, change of address, e-mail,
So we will do that language.
You have reached some understanding about next
week, I don't have to make an order about that on the record.
etcetera.
Sounds like you folks are able to communicate now.
MR. MIMNAGH: Communication will start opening up a
little better, Your Honor.
THE COORT: Okay.
I appreciate the good auspices
of counsel helping to effect an understanding here. I
congratulate you both for doing that. Anything else you wanted
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to say, Mr. Taylor?
MR. TAYLOR:
I just hope to get a couple of hours
to a couple of days here this week with my daughter so we can
exchange gifts and spend time.
THE COURT:
If it lS necessary for the Court to
intervene sometime during the next week, you could give the
office a call and I will be on the phone with Mr. Mimnagh, but
I certainly hope that will not be necessary.
MR. MIMNAGH:
I don't think that is necessary now
that we are in court and on the record.
I think my client will
certainly make that happen, it is certainly reasonable.
THE COURT: I have raised three girls that are in
their mid 20s now, and I am proud to report that they really
love their dad.
MR. TAYLOR: So does mine.
MR. MIMNAGH: I have a girl too.
THE COURT: We are all in the same boat. Good
enough. I am glad that we could reach an understanding, I will
reduce it to the form of an order, but we are understood now as
to what the situation will be. Thank you.
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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.
(7 oiTc~) (! f:) clJt'1H:1-.
Patricia C. Barrett
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed to
be filed.
rn wvi- ~
Date
2-60 i.-
L
Hess, J.
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