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HomeMy WebLinkAbout05-36208390-1-4 RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- (o ,,o CIVIL ACTION - CUSTODY NOTICE TO DEFEND AND CLAIiIII RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business Court. before the SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 R IC 'I IA It I) (. GAFFiN'EV, JR., NIRA, Es(jt iRE Email: rn;!ft ie, ;:.i<h.,„.,r Telephone: 717.234 2401 RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- " 6,? _ ) r, ,?I CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY COMES NOW Petitioner, RANDY SCOTT GEORGE, by and through his attorneys, RICHARD C. GAFFNEY, JR., MBA, ESQUIRE and SMIGEL, ANDERSON & SACKS, LLP, and files this Complaint for Custody and avers as follows: 1. Plaintiff, Randy Scott George ("Father"), currently resides at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has lived there since on or about February 23, 2002. 2. Defendant, Paula Jean George ("Mother") currently resides at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has lived there since on or about February 23, 2002. 3. Plaintiff seeks custody of the following children (collectively, the "Children"): a. Aletha A. George, female, born June 7, 1990 (age 15); b. Chelsea M. George, female, born September 19, 1992 (age 12); c. Joshua J. George, male, born May 22, 1999 (agc 6); and d. Benjamin L. George, male, born June 28, 2002 (age 3). 8390-1-4 i 4. The Children reside at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and have resided there since on or about February 23, 2002 (or, in Benjamin's case, since his date of birth of June 28, 2002). 5. The Children were not born out of wedlock. 6. The Children are presently in the custody of Plaintiff. 7. Since birth, the Children have resided with the following persons and at the following addresses: Persons Address Dates Mother & Father Mother, Father & Siblings Mother, Father & Siblings 835 Ridgewood Drive 02/23/2002 - present 8. The father of the Children is Plaintiff. He is married to Defendant, Mother. 9. The mother of the Children is Defendant. She is married to Plaintiff, Father. 10. The relationship of Plaintiff to the Children is that of father. Plaintiffcurrently resides with the Children and Mother, as set forth above. 11. The relationship of Defendant to the Children is that of mother. Defendant currently resides with Father and the Children, as set forth above. 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Children in this or another Court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 8390-1-4 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Children or who claims to have custody or visitation rights with respect to the Children. 15. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is a fit parent. b. Plaintiff has been the Children's primary provider and caretaker since their births. c. Placing custody with Plaintiff will provide continuity, stability and certainty to the Children's lives. d. It is the status quo custody situation. e. The Children will be in familiar surroundings; will sleep in their own beds; go to bed in their own rooms; maintain their same routines and schedules; and play with the same friends as they currently do, f. Defendant is unstable and has demonstrated an inability to act in the minor Children's best interests. i. For example, on or about May 13, 2005, without notifying Father, Mother took the Children to the Sporting Hill Elementary School May 8390-1-4 Fair to meet up with and spend the afternoon with her admitted paramour, Ron Swinn. Father believes and therefore avers that Mother and Swinn kissed, hugged and held hands in the presence of the startled Children. ii. By way of further example, since on or about May 14, 2005, Mother has frequently spent entire nights away from the Children and the family residence. Father believes and therefore avers that Mother has been sleeping overnight at Swinn's home. iii. By way of further example, on or about July 13, 2005, Mother informed Father that she was "moving the Children out of the house on Monday (July 18,2005)." Father believes and therefore avers that Mothcr plans to relocate the Children to Swinn's house. Swinn resides with his two sons, ages 14 and 12, in a three-bedroom, 1,000-ft.2 house. Father immediately objected to Mother's plan to relocate the Children, but Mother refused to reconsider her unilateral decision. iv. Father believes and therefore avers that Mother's plan to relocate the Children creates an imminent and substantial danger to the Children's health and well-being because: 1. Father's teenage daughters, Aletha (age 15) and Chelsea (agc 12), would be forced to reside in close quarters with an unrelated adult 8390-1-4 male who has a record of sexual infidelity (Swine) and with two unrelated adolescent males (ages 14 and 12); 2. The Children would be forced to live and sleep in unsuitable and cramped conditions, as there would be two adults and six children sharing three bedrooms; I The Children would be emotionally traumatized by an abrupt relocation from their family home to a different, cramped and inevitably stressful environment; 4. The youngest child, Benjamin (age 3), who is asthmatic, would suffer health problems by virtue of exposure to the second-hand smoke generated by Swinn's heavy smoking; 5. The Children's moral upbringing would be compromised by Mother's hostile, notorious and open disregard of her marital vows; WHEREFORE, Petitioner respectfully requests that this Honorable Court issue an Order for Custody: A. Giving Mother and Father shared legal custody of the Children; B. Giving Father primary physical custody of the Chi Idren; C. Providing Mother reasonable periods of partial physical custody of the Children, not to include overnight custody outside of the Children's current residence; 8390-1-4 D. Restraining Mother from relocating the Children from the family residence; E. Awarding Father exclusive possession of the family residence; and F. Granting to Father all other and further relief as this Honorable Court deems fair and just. Respectfully submitted, SMIGEL, ANDERSON ?F SACKS, UP Date: ICI J?? "u>5 BY:/ } Rt HARD C. GAFFNEV, BA, EsQ. PA Supreme Court I.D. # 63313 4431 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-2401 Attorneys for Plaintiff/Petitioner 07/15/2005 10:26 7176051906 07-15-05 10:22 FROM-SAS S390•1-; NAVICP 7172343611 VERIFICATION T-997 P. 03103 PAGE 02/03 F-647 att George, verify that the statements contained in the foregoing documem are true I, Randy Sc and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subjeot to the penalties of 13 Pa.C-S. §4904. relating to nnSwom falsification to autl'arities. S ass Date: Rte, y Sc [ Geo e 8.90-1-4 SINUGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3'o Floor Harrisburg, PA 17110 RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT Richard C. Gaffney, Jr., MBA, Esquire Email: nt(:ffi c' i,: a_Ilhcorn Telephone: 717234.2401 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE 1, do hereby certify that I served a true and correct copy of the foregoing Emergency Petition for Special Relief on the Defendant by depositing the same in the U.S. Certified Mail, ?h postage paid on the day of July, 2005, addressed as follows: Paula Jean George 835 Ridgewood Drive Mechanicsburg, PA 17055 SMIGEL, ANDERSON & SACKS, LLP By: ni 7 \ l l? Jenni er L. Deitch, Legal Assistant ? ,? c? o r ? `„ :? ?-> ?i ?:;, c_ '? ? ? Ti r` G, ?) ?? ?::? "-"i SMIGEL, ANDERSON & SACKS, LLP River Chase office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT Richard C. Gaffney, Jr., MBA, Esquire Email: r•?flne -;i;aull?? t;,cnn Telephone: 717 .234.2401 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 3&,2_0 CIVIL ACTION - CUSTODY EMERGENCY PETITION FOR SPECIAL RE1,11 COMES NOW Petitioner, RANDY SCOTT GEORGE, by and through his attorneys, RICHARD C. GAFFNEY, JR., MBA, ESQUIRE and SMIGEL, ANDERSON & SACKS, LLP, and riles this Emergency Petition for Special Relief and avers as follows: 1 Petitioner is Randy Scott George, Plaintiff in the above-captioned custody action filed July 15, 2005. 2. Petitioner ("Father") currently resides at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has lived there since on or about February 23, 2002. 3. Respondent is Paula Jean George, Defendant in the above-captioned custody action filed July 15, 2005. 4. Respondent ("Mother") currently resides at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has lived there since on or about February 23, 2002. 8390-1-4 Petitioner and Respondent are the parents of four children (collectively, the "Children"): a. Aletha A. George, born June 7, 1990 b. Chelsea M. George, born September 19, 1992 c. Joshua J. George, born May 22, 1999, and d. Benjamin L. George, born June 28, 2002. 6. The Children reside with Mother and Father at 835 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and have resided there since on or about February 23, 2002 (in Benjamin's case, since his date of birth). Mother and Father have been the joint providers for and caretakers of the Children since their births. 8. On October 7, 2004, Mother informed Father that she was engaged in a meretricious relationship with another man, Ron Swirl". 9. From October 2004 until December 2004, Mother and Father participated in marriage counseling, but they have been unable to resolve their differences. 10. On or about May 13, 2005, without notifying Father, Mother took the Children to the Sporting Hill Elementary School May Fair to meet up with and spend the afternoon with her paramour, Swinn. Father believes and therefore avers that Mother and Swinn kissed, hugged and held hands in the presence of the startled Children. 6370-1-4 11. Since on or about May 14, 2005, Mother has frequently spent entire nig,hts a%vav from the family residence. Father believes and therefore avers that Mother has been sleeping overnight at Swine's home. 12. Swinn resides with his two sons, ages 14 and 12, in a three-bedroom, 1,000-ft.` house. 13. On or about July 13, 2005, Mother informed Father that she was "moving the Children out of the house on Monday (July 18, 2005)." 14. Father believes and therefore avers that Mother plans to relocate the Children to Swine's house. 15. Father immediately objected to Mother's plan to relocate the Children, but !Mother refused to reconsider her unilateral decision. 16. Father believes and therefore avers that Mother's plan to relocate the Children creates an imminent and substantial danger to the Children's health and well- being because: a. Father's teenage daughters, Aletha (age 15) and Chelsea (age 12), would be forced to reside in close quarters with an unrelated adult male who has a record of sexual infidelity (Swinn) and with two unrelated adolescent males (ages 14 and 12); b. The Children would be forced to live and sleep in unsuitable and cramped conditions, as there would be two adults and six children sharing three bedrooms; 8390-I-4 c. The Children would be emotionally traumatized by an abrupt relocation from their family home to a different, cramped and inevitably stressful environment; d. The youngest child, Benjamin (age 3), who is asthmatic, would suffer health problems by virtue of exposure to the second-hand smoke generated by Swinn's heavy smoking; e. The Children's moral upbringing would be compromised by Mother's hostile, notorious and open disregard of her marital vows; 17. It is in the best interests of the Children to reside with Father in the family home because: a. It is the status quo prior to Mother's anticipatory relocation; b. The Children need stability in their lives at this difficult time; c. Father is better able than Mother to provide a stable, warm and loving home environment; d. The Children will be in familiar surroundings; will sleep in their own beds; go to bed in their own rooms; maintain their same routines and schedules; and play with the same friends as they currently do. 18. Pursuant to Pa. R.C.P. 1915.13, the court may grant "appropriate interim or special relief," including the award of temporary custody. 8390-i-4 WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a temporary Order for Custody, pending the earlier of a hearing, a custody conciliation conference or an agreement of the partres: A. Giving Mother and Father shared legal custody of the Children; B. Giving Father primary physical custody of the Children; C. Providing Mother reasonable periods of partial physical custody of the Children, not to include overnight custody outside of the Children's current residence; D. Restraining Mother from relocating the Children from the family residence; E. Awarding Father exclusive possession of the family residence; and F. Granting to Father all other and further relief as this Honorable Court deems fair and just. Date: I4 "ZCx? Respectfully submitted, SMIGEL, ANDERSON &SACKS, LLP By: ; LCCr RICHARD C. GAFFNEY, JR., BA, ESQ. PA Supreme Court I.D. # 63313 4431 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-2401 Attorneys for Plaintiff/Petitioner 07/15/2005 10:26 0T-15-05 10.21 8390-1-4 7176051906 FRO*SAS NAVICP TiTZ343611 VERIFICATION PAUL n3 u? T.137 P,02/03 F-847 1, Randy Scott George, verify that the statements contacted in the foregoing document are tn?e and correct to the best ofmy lcnowlcdSe, information and bcliof, l undcrstan? drat false therein are made subject to the penalties oC 18 Pa,C.S, §4904, relating to statements tlnsworn i'alsificationto authlltities. ot? R dy Scot eorge 1390-1-4 SMIGEL, ANDERSON &SACKS, LLP River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 RANDY SCOTT GEOR AEIN P TIFF v. PAULA JEAN GEORGE, EFENDANT Richard C. Gaffney, Jr., MBA, F.sgwre Email: 1 11 iz? s.rllp u?m 401 Tclcphonc: 717,2?4.2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSy'LA'ANIA NO. 05- CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE L_ do hereby certify that I served a true and correct copy of the foregoing Emergency Petition for Special Relief on the Defendant by depositing the same in the U.S. Certified Mail, postage paid on the f ?''{} " day of July, 2005, addressed as follows: Paula Jean George 835 Ridgewood Drivc Mechanicsburg, PA 17055 SMIGEL, ANDERSON & SACKS, LLP By. _ Jenn for L. D itch, Legal Assistant N -? r"1 _? ?l i+ 1 ,? ? ?_ ?? ?, (? ? ?? - ?C aA ? i (s? 3 RANDY SCOTT GEORGE, Plaintiff V. PAULA JEAN GEORGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3620 CIVIL TERM ORDER OF COURT AND NOW, this 18"' day of July, 2005, upon consideration of Plaintiff's Emergency Petition for Special Relief, a hearing is scheduled for Friday, August 5, 2005, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the hearing, neither party shall relocate the parties' children from Cumberland County nor deny the other party daily contact with the children. BY THE COURT, Richard C. Gaffney, Jr., Esq. 4431 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Paula Jean George 835 Ridgewood Drive Mechanicsburg, PA 17055 Defendant, pro se :rc 6? .0, f-?d 6 1 €f," S20Z RANDY SCOTT GEORGE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3620 CIVIL ACTION LAW PAULA JEAN GEORGE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 22, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 24, 2005 at 9.30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s! Hubert X. Gilro 11 Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 S / 14?7 n . :' rFi1 ?0 RANDY SCOTT GEORGE, Plaintiff VS. PAULA JEAN GEORGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3620 CIVIL : CIVIL ACTION - LAW : IN CUSTODY ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Paula Jean George, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 7.14:5 / 05 ._ DA A. CLOTFELTER, ESQ orney I.D. 72963 021 E. Trundle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant RANDY SCOTT GEORGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3620 CIVIL PAULA JEAN GEORGE, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 7 tk day of 2005, the undersigned hereby certifies that a true and correct copy of the fore oing ENTRY OF APPEARANCE was served upon the opposing party by United States First Class Mail, postage prepaid: Richard C. Gaffney, Jr., Esquire SMIGEL, ANDERSON & SACKS. LLP River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant ra c? "' ' - rn a N p01 RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05 - 3620 CIVIL ACTION -CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant, Paula J. George, (hereinafter "Defendant Mother") by and through her counsel, Linda A. Clotfelter, Esquire, who responds to Plaintiff's Emergency Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that both parties have provided some care for the subject children, but the implication that the parties' efforts to care for the children are in any way similar or equal is specifically denied. In further answer, Defendant Mother has always been the children's primary care giver as a stay-at-home parent since birth for all of the children while Plaintiff has worked full-time, and until very recently, Plaintiff had worked two jobs. Defendant Mother wishes to continue in her role as primary caregiver especially in light of Plaintiff's severe discipline of the children that had resulted in a Children and Youth Protective Services investigation and his physical abuse of Defendant Mother which has created a hostile home environment for the children. Defendant Mother seeks primary physical custody, or at a minimum shared physical custody on an alternating week basis so that the children maintain contact with both parents, provided that Plaintiff seeks professional help with his anger management and parenting issues. 8. Denied. It is specifically denied that Defendant, Mother, was involved in an improper relationship with any man on or about October 7, 2004, and it is further denied that Defendant Mother stated as much to Plaintiff. Therefore, strict proof thereof is demanded. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that Defendant Mother and the children attended the Sporting Hill Elementary School Fair, however the implication in this paragraph that Defendant Mother withheld this from Plaintiff, that Defendant Mother went to the fair solely to meet Mr. Swinn, or that Defendant Mother acted improperly in any way is specifically denied. Therefore, strict proof thereof is demanded. 11. Admitted in part and denied in part. It is admitted that Defendant Mother has had to spend nights away from the family residence but the implication therein that this is Defendant Mother's preference is denied. Defendant Mother has been forced to leave the residence due to Plaintiff's continual physical and emotional abuse of Defendant Mother, often in the presence of the parties' children. This relentless physical abuse together with Plaintiff's threats to Defendant Mother regarding her safety and the actions he would take if she removed the children had become unbearable. Defendant Mother felt she had no alternative but to spend as much time during the day with her children while Plaintiff worked. She would then limit her time in the residence when Plaintiff returned home in the evenings to prevent the children from experiencing the hostile environment created by Plaintiff's abusive conduct toward Defendant Mother. 12. Admitted in part and denied in part. It is admitted that Mr. Swinn has a home and has two sons, but the remaining allegations of this paragraph are specifically denied. In further answer, Mr. Swinn's children reside primarily with their Mother and the square footage of Mr. Swinn's residence is unknown. Therefore, strict proof of these allegations is demanded. 13. Admitted in part and denied in part. It is admitted that Defendant Mother sought to move the children because of the hostile environment created by Plaintiff, but the implication that she sought to limit Plaintiff's contact is denied. Mother had discussed shared custody on an alternating week basis because it is the preference of the older children and at no time did she in any way indicate she would limited Plaintiff's contact. 14. Denied. The allegations of this paragraph are denied as Defendant Mother lacks sufficient knowledge or information to determine the truth of the averments of this paragraph and strict proof thereof is demanded. 15. Denied. The allegations of this paragraph are denied as Defendant Mother lacks sufficient knowledge or information to determine the truth of the averments of this paragraph and strict proof thereof is demanded. In further answer, see response to Paragraph 13, above. 16. Denied. The allegations of this paragraph are denied as Defendant Mother lacks sufficient knowledge or information to determine the truth of the averments of this paragraph and strict proof thereof is demanded. In further answer, the only harm to the children's health and well-being has been caused by Plaintiff due to his continual physical abuse of Defendant Mother in the presence of the children as well as Plaintiff's improper disciplinary acts against the children and the resulting hostile home environment due to both. a. Denied. See response to paragraph 12, above. It is further denied that Mr. Swinn's conduct has at any time been improper or that his prior conduct is in any way relevant to this case. b. Denied. It is specifically denied that the conditions would be unsuitable as sufficient accommodations exist for the subject children and Mr. Swinn's children are present for partial custody periods only. In further answer, Plaintiff refused to leave the marital residence despite the failure of the marriage counseling and in fact, Plaintiff's violence and threats escalated to the point that Defendant Mother had no alternative by to minimize her presence in the residence. c. Denied. It is specifically denied that a possible change in residence would be traumatic or that it would be a stressful environment. The parties and their children had lived in Mr. Swinn's neighborhood for 13 years and the older children have more friends in that neighborhood than they have in their current neighborhood. Furthermore, Plaintiff has created an unhealthy and hostile environment in the parties' current residence with his abuse, threats, improper discipline, and unacceptable housing conditions due to his substandard housekeeping habits. Defendant Mother believes that removing the children would be in their best interest. d. Admitted in part and denied in part. It is admitted that Benjamin has minor asthma that typically requires treatment only when he is afflicted with a cold, but it is denied that Defendant Mother would in any way expose him to second-hand smoke at any time. Therefore, strict proof thereof is demanded e. Denied. It is denied that Defendant Mother's conduct has in any way been improper and it is further denied that Defendant Mother lacks morals. In further answer, Plaintiff has at times shown a religious fanaticism that has damaged the family. Due to his participation as a member of the Promise Keepers, Plaintiff has demanded complete control of the Defendant Mother and the parties' children without consideration for their health, safety, or emotional well-being. 17. Denied. The allegations of this paragraph and its subsections are denied as a conclusion of law to which there is no responsive pleading required. a. Denied. The status quo is that defendant Mother has been the primary caregiver for the children since birth while Plaintiff works full-time. Defendant Mother wishes to continue to provide the primary care for the children regardless of the home in which it is accomplished. b. Admitted in part and denied in part. It is admitted only that stability is important for children in general. It is denied that Plaintiff can provide stability for the children as he has repeatedly shown a disregard for their well-being by physically abusing Defendant Mother in their presence and his conduct in disciplining the children has also shown disregard for their well-being and stability. In further answer, it is Defendant Mother who is available to care for the children as she always has and that consistent and continual care will provide the children with the stability they need. c. Denied. See answer to subsection (b), above. d. Denied. It is denied that the marital residence and its neighborhood is the only familiar environment for the children and it is denied that the environment with Plaintiff is more suitable. In further answer, the older children had lived for many years in the neighborhood where Defendant Mother would have to reside since Plaintiff refused to leave the marital residence as the parties lived there 13 years and the children have more friends there than they do in their current residence, where many of the neighbors are older and retired. 18. Denied. This paragraph is denied as it states a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendant, Paula J. George, respectfully requests that this Honorable Court deny Plaintiff's Emergency Petition for Special Relief; and grant Defendant primary physical custody of the subject children with shared legal custody between the parties; and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 8J L da A. Clotfelter, Esquire A orney ID No. 72963 41 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant RANDY SCOTT GEORGE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 3620 PAULA JEAN GEORGE, DEFENDANT : CIVIL ACTION - CUSTODY VERIFICATION 1, PAULA J. GEORGE, verify that the statements in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF are 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. § 4904, relating to unworn falsification to authorities. Date: RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 3620 : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Emergency Petition for Special Relief was served upon the interested parties as follows: Richard C. Gaffney, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110 (VIA FACSIMILE AND HAND-DELIVERY) The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (VIA HAND-DELIVERY) Dated: S S Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff nda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 100 v? -? 7r 1 L1 1 fv ` RANDY SCOTT GEORGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PAULA JEAN GEORGE, Defendant 05-3620 CIVIL TERM IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of August, 2005, upon consideration of Plaintiff's Petition for Special Relief with respect to the parties' children, Aletha A. George (date of birth, June 7, 1990), Chelsea M. George (date of birth, September 19, 1992), Joshua J. George (date of birth, May 22, 1999), and Benjamin L. George (date of birth, June 28, 2002), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. 4 , 431 North C. Gaffney, Esqui 4431 North Front Street eet Harrisburg, PA 17110 For the Plaintiff J /Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 For the Defendant pq,o? mae. By the Court, wrnc^ , ,, ,Ent 6£ =QI WV 6- 9nv soot iIMONL LLOid 3Ht JO 3'0I:U0-0:MA RANDY SCOTT GEORGE, Plaintiff vs, PAULA JEAN GEORGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 05-3620 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of August, 2005, upon consideration of Plaintiff's Emergency Petition for Special Relief with respect to the parties' children, Aletha A. George (d.o.b. June 7, 1990), Chelsea M. George (d.o.b. September 19, 1992), Joshua J. George (d.o.b. May 22, 1999), and Benjamin. L. George (d.o.b. June 28, 2002), following a hearing held August 5, 2005, and pending a custody conciliation conference and further order of court, it is ordered and directed as follows: 1. Legal Custody of the children shall be shared by the parties. 2. Physical custody of the children shall be shared by the parties as follows: a. Mother shall have physical custody of the children each week from Monday morning at 10:00 a.m. until Wednesday evening at 8:00 p.m., and on Friday from 10:00 a.m. until 8:00 p.m.; and b. Father shall have physical custody of the children at all other times. 3. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody. VINVh'VRSNN3d RiN(1C,^ n^a?"iiiUdfl'J z0 :Z Nd 6- 9na Soot Rta"d10Nvt?L'' 3F11. ?0 4. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. BY THE COURT, vesley 6r, Jr., J. Achard C. Gaffney, Jr., Esquire 4431 North Front Street Harrisburg, PA 17100 Attorney for Plaintiff „Einda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant 66?C CC RANDY SCOTT GEORGE Plaintiff v PAULA JEAN GEORGE, Defendant 05-3620 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. Wesley Oler, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, August 5, 2005, in Courtroom Number One. ORIGINAL APPEARANCES: Richard C. Gaffney, Jr., Esquire For the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW Linda A. Clotfelter, Esquire For the Defendant billVAIASN Ad 00 tol W ZZ 9nv 3001 AHViCINOrilC W 3H1 ?O INDEX TO WITNESSES FOR THE PLAINTIFF Alice R. Phillips Randy Scott George FOR THE DEFENDANT Paula J. George DIRECT CROSS REDIRECT RECROSS 6 11 -- -- 13 21 25 -- 27 37 42 -- 2 INDEX-TO-EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED Ex. No. 1 - calendar 20 21 FOR THE DEFENDANT Ex. No. 1 - photograph 29 44 Ex. No. 2 - photograph 29 44 Ex. No. 3 - photograph 29 44 3 1 THE COURT: This is the time and place for a 2 hearing in the case of George versus George at No. 05-3620 3 Civil Term on Plaintiff's Emergency Petition for Special 4 Relief. We will let the record indicate that the Plaintiff 5 is present in court with his counsel, Richard C. Gaffney, 6 Jr., Esquire. The Defendant is not present, but her 7 counsel, Paula Jean -- I'm sorry. Are you Ms. George? 8 MS. CLOTFELTER: I'm Linda Clotfelter, her 9 counsel. 10 THE COURT: Oh, okay. The Plaintiff is not 11 present in court, but her counsel, Linda A. Clotfelter, 12 Esquire, is present. We have, unfortunately, a very limited 13 amount of time for this emergency hearing so I think I do 14 need to proceed with it even though the Plaintiff has not 15 appeared. Mr. Gaffney. 16 MR. GAFFNEY: Yes. Your Honor, we have 17 several witnesses that we would like to present. How much 18 time does the Court have this morning? 19 THE COURT: Well, we have until noon, and I 20 need to give both sides an equal amount of time to present 21 their cases. 22 MR. GAFFNEY: Your Honor, first we'd like to 23 have the testimony of the Plaintiff, the father of the 24 children, in this particular case. I note that some people 25 have entered the courtroom, and while some of them appear to 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be children, I would ask that any of the children who would testify on mother's behalf be excluded from the courtroom. THE COURT: Ms. Clotfelter. MS. CLOTFELTER: I have no objection to that. THE COURT: All right. And has the mother appeared? MS. CLOTFELTER: Yes. THE COURT: She is here. All right. Let the record indicate the Plaintiff is now present in court. Mr. Gaffney, would you call your first witness, please? MR. GAFFNEY: Yes. I'd like to call Alice Phillips to the stand. THE COURT: Well, I'll tell you, we have such a limited amount of time, I would really be interested in hearing the parties in the case. MR. GAFFNEY: Yes. THE COURT: There's no way we're going to get more than two witnesses done at this hearing. MR. GAFFNEY: Mrs. Phillips' testimony, Your Honor -- she is the mother of the Defendant. She's testifying for the Plaintiff in this case, and she has some information that is an objective perspective on the parenting that I think the Court would find very useful. THE COURT: I won't tell you how to present the case, but at twenty of I'm going to ask for 5 1 Ms. Clotfelter' s presentation. 2 MR. GAFFNEY: Understood, Your Honor. 3 THE COURT: All right. 4 MS. GAFFNEY: We ask Ms. Phillips to please 5 take the stand. 6 Whereupon, 7 ALICE R. PHILLIPS g having been duly sworn, testified as follows: 9 DIRECT EXAMINATION 10 BY MR. GAFFNEY: 11 Q Good morning, ma'am. Would you state your 12 name and address? 13 A Alice R. Phillips, 93 Encks Miil Road, 14 Carlisle, Pennsylvania. 15 Q What is your relationship to the Plaintiff, 16 Mr. George? 17 A He is my son-in-law. 18 Q And your relationship to the Defendant? 19 A She is my daughter. 20 Q Have you had an opportunity to visit the 21 family residence? 22 A Not lately. 23 Q Over the course of the past 2 years, have you 24 had an opportunity to be in the family home? 25 A It's been 2 years. 6 1 Q Have you been able to observe the parenting 2 between my cl ient and the children? 3 A Yes, I have. 4 Q And have you been able to observe the 5 parenting bet ween the Defendant and the children? 6 A Yes, I have. 7 Q Would you tell the Court, please, what your 8 opinion is co ncerning the father's discipline of the 9 children? 10 A I believe that the father is a very strict 11 parent. His discipline sometimes seemed a little harsh to 12 me, but under all circumstances i think he's a great father. 13 He's brought the children over every week. The girls have 14 been sleeping over once a week. I think he's doing a great 15 job with the children. 16 Q Would you characterize the discipline as 17 being abusive in any way? 18 A Absolutely not. 19 Q Would you tell the Court, please, what is 20 your opinion of the parenting of the mother to the children? 21 A She wants to be their friend, not their 22 mother, and I don't believe you can be both. 23 THE COURT: I'm sorry, I didn't quite hear 24 what you said . 25 THE WITNESS: She wants to be the children's 7 1 friend, especially the two older girls, and I don't believe, 2 without rules, that you can make your daughter be a sister. 3 THE COURT: All right. 4 BY MR. GAFFNEY: 5 Q Do you have an opinion as to her housekeeping 6 ability? 7 A She does not do any housekeeping, to my 8 knowledge, and never has in the marriage. 9 Q Who did most of the housekeeping during the 10 marriage? 11 A Mr. Scott. 12 Q When you say that she wants to be the friend 13 to the daughter, had she related any stories to you 14 concerning conversations that the daughter had with her, the 15 daughter, Aletha? 16 MS. CLOTFELTER: I would object, that's 17 hearsay, anything that anyone else related to her. 18 MR. GAFFNEY: Well, she's actually in the 19 courtroom. It's not hearsay. She can certainly testify. 20 THE COURT: I'm sorry. I can't quite hear 21 you. 22 MR. GAFFNEY: It's not hearsay, Your Honor. 23 She's here in the courtroom to testify. It's not a 24 statement by an out-of-court declarant. This is what the 25 Defendant told her mother. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: What the Defendant has told the mother? If these are statements of the parties, they're admissible. BY MR. GAFFNEY: Q What did she tell you? A Are we talking about my daughter or my granddaughter? Q What your daughter has told you about her relationship? A Her relationship with her children? Q Yes. A She has a good relationship with her children, she just doesn't make them m=_nd her whatsoever. Q And what has she told you about the relationship with Mr. Ron Swinn? A I believe -- is that the man she's living with? He makes her happy and she deserves happiness. That her marriage fell apart, and this man has been in her life for 9 years, she told me. Q What is your opinion of the discipline between mother and children? A There is none. Q Who did most of the cooking and laundry in the family home, to your knowledge? A All of the washing, when he wasn't working 9 1 two jobs, Mr. Scott. I mean Mr. George. 2 Q Do you believe that your daughter is fit to 3 raise these children? 4 A At this time, no. 5 Q And why is that? 6 A She has moved in with her boyfriend in a very 7 tiny house. There are two other boys that belong to her 8 boyfriend. And her oldest girl, who is 15, has been in some 9 deep trouble and problems with school and otherwise. I 10 believe she needs strict guidance, this child. I've seen 11 all of that in the weeks since May on a weekly basis, of the 12 way their father has been taking care of them. 13 And she also told me that she wanted her own 14 happiness, that she loved God and her children, but it was 15 time for her to have happiness, and at all costs. She also 16 wrote me a letter on June 12th stating that she hadn't seen 17 me because I wouldn't approve of what was going on, which is 18 true, and that she is entitled to happiness. 19 Q And with that particular letter, did you get 20 an impression from that letter as to whether or not she was 21 more concerned with her happiness or with the children? 22 A Paula is concerned with her own happiness at 23 this point, not with her children. 24 Q And did you get the impression that she was, 25 in fact, leaving the children? 10 1 A She did leave the children. 2 Q Okay. Is there anything else that you think 3 the Court should know that would be helpful in terms of 4 determining which of the parents should have primary 5 custody? 6 A The children are in their own home, and the 7 reason they're in that big home is because the other house, 8 as Paula always said, was too small to raise boys and girls 9 in. She is now living in a house identical to that little 10 house with her boyfriend and most of the time his two sons. 11 My grandchildren have their rooms, they have stability, and 12 they are loved. To take them children out of that or to 13 separate any of these children would be a disaster. 14 MR. GAFFNEY: Thank you very much. That's 15 all I have of this witness. 16 THE COURT: Ms. Clotfelter. 17 CROSS EXAMINATION 18 BY MS. CLOTFELTER: 19 Q Ms. Phillips, did Paula ever tell you about 20 the abuse she experienced in her home? 21 A Only since she met her boyfriend, basically. 22 Q She didn't tell you previously about abuse at 23 the hands of her husband? 24 A Absolutely not. He used to holler and 25 things, but he, to my knowledge, never struck my daughter 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 until this came up with the boyfriend and they went into counseling trying to save this marriage, but my daughter was too interested in talking to the boyfriend on the phone and seeing him. Q Can you describe to me -- what did you say? He powered over her? A Absolutely not. I don't believe that -- he did not power over her. They argued because the house was never cleaned, dishes were always everywhere. THE COURT: Please just: move back a little bit from the microphone. THE WITNESS: Oh, I'm sorry. THE COURT: That's all right. Thank you. BY MS. CLOTFELTER: Q In that regard you testified that Dad did most of the cooking and the laundry when he wasn't working two jobs. Isn't it true that the job change just recently occurred? A He worked two jobs up until the time that she took an overnight job, a third shift job, and then he took a leave of absence from his second job to make sure that there would be somebody in the house with his children while she was working. Q But when he was working two jobs, he worked pretty much most of the week? 12 1 A He would be home at 3:30, and he wouldn't 2 return to his second job until after supper was made. 3 Q You've never been in Mr. Swinn's home, have 4 you? 5 A St's identical to the one that my daughter 6 and her husband shared. 7 Q That's -- 8 A Yes, I have been in it. I was in it when my 9 daughter was taking care of his two boys several years ago. 10 I was in his home. 11 Q But you have not been in it recently, say in 12 the last 6 months? 13 A I don't go into Paula's house. 14 MS. CLOTFELTER: That's all I have for this 15 witness. 16 THE COURT: Okay. Mr. Gaffney. 17 MR. GAFFNEY: Thank you. No further 18 questions. 19 THE COURT: You may step down. Thank you. 20 MR. GAFFNEY: Your Honor, we would like to 21 call the father of the children, Scott George, to the stand. 22 THE COURT: All right. 23 Whereupon, 24 RANDY SCOTT GEORGE 25 having been duly sworn, testified as follows: 13 1 MR. GAFFNEY: Your Honor, before we question 2 Mr. George, I would like to ask the Court -- and I've asked 3 counsel if sh e needs to have Alice Phillips here to testify 4 again. Mrs. Phillips' husband is very ill, and she needs to 5 go back home to attend to him. Can she be excused? 6 THE COURT: Certainly. Ms. Clotfelter, do 7 you have any objection? 8 MS. CLOTFELTER: No objection. 9 THE COURT: All right. You are excused. 10 Thank you. 11 MS. PHILLIPS: Thank you. 12 DIRECT EXAMINATION 13 BY MR. GAFFNE Y: 14 Q Sir, would you state your name and address 15 for the Court ? 16 A My name is Randy Scott George. I go by 17 Scott. My address is 835 Ridgewood Drive, Mechanicsburg, 18 Pennsylvania. 19 Q And you're the father of the four children at 20 issue here? 21 A Yes, I am. 22 Q What is your relationship with the Defendant? 23 A She is my wife. 24 Q When were you married? 25 A October 26th, 1985. 14 1 Q Does your wife continue to reside with you? 2 A No. 3 Q When did your wife not reside with you? 4 A On July 18 she actually moved out of the 5 residence. 6 Q Had she told you previously that she was 7 going to be r elocating? 8 A Yes. 9 Q When was that? 10 A It was July 13th she told me that she was 11 moving out on July 18th, and she was going to take the 12 children with her. 13 Q And was that the reason you filed this 14 custody actio n, the Petition for Special Relief? 15 A Yes, sir. 16 Q Sir, what are you asking the Court to decide 17 today? 18 A Today I would like a court order that 19 requires the children to sleep overnight in their home in 20 their bedroom s in the beds that they've slept in for the 21 last three ye ars. Basically maintaining that status quo. 22 Q All of these children were born of the 23 marriage, cor rect? 24 A Yes. 25 Q And have you resided with those children 15 1 since they were born? 2 A Yes. 3 Q They're currently in your custody, correct? 4 A They are in my custody at nights. My wife 5 has been caring for them during the day, basically 6 maintaining the status quo prior to her move. 7 Q But up until last night the children slept 8 overnight exclusively at your residence? 9 A That is correct. 10 Q Mother took them last night to sleep 11 somewhere else? 12 A The girls, yes, sir. 13 Q Do you know where they slept? 14 A They slept at Mr. Swinn's home. 15 Q Is that where mother resides, to your 16 knowledge? 17 A Yes. 18 Q Have you been involved with the children in 19 terms of parenting? 20 A Absolutely. I mean I've been to parent 21 teacher conferences. I've been to softball games. I've 22 taken them to doctors appointments. I do a lot with them. 23 When I'm not working, I spend time with them. 24 Q Mrs. Phillips testified that during the 25 marriage you were the parent who provided the cleaning, 16 1 laundry, the housekeeping duties. Is that essentially 2 correct? 3 A I did the majority of that, yes, sir. 4 Q There was some questions by opposing counsel 5 with respect to allegations of physical abuse. Do you 6 recall that? 7 A Physical abuse? 8 Q Yes. 9 A On? 10 Q Opposing counsel was implying that you had 11 physically ab used the mother of the children. Is there any 12 validity to t hat? 13 A That is not correct. During our 19 years of 14 marriage I di dn't -- never, never physically abused her. 15 There was one incident since -- since this change in our 16 family where I did push her and she fell down. That has 17 happened sinc e the separation. 18 Q Okay. Any other incidents that involved any 19 physical cont act? 20 A No. 21 Q Okay. What about abuse of the children? 22 Have you ever abused your children? 23 A No. I have never abused my children. 24 Q Well, in the answer that you just got to read 25 this morning before the hearing, the Defendant raised a 17 1 question of some investigation by Children and Youth 2 Services. Did you read that? 3 A Yes, sir. I have -- yes. Yes, sir. 4 Q Would you explain that to the Court? What 5 happened? 6 A That was -- my 15 year old daughter is 7 involved with -- well, at that point she was 14 years old, 8 and she was involved with a 15 year old young man. I had a 9 problem with their relationship because of the closeness and 10 what was going on between the two of them. I told them that 11 I wanted it to stop, and that I had set up some guidelines 12 on how they had to relate to each other. 13 He came home -- came to my house. My 14 daughter's boyfriend came to my house on the school activity 15 bus. I told him that he had to go home. My wife was to 16 take him home. Anyway, through a series of deceptions on 17 their part, they ended up not going with my wife to be 18 dropped off at his home. He was to be dropped off at his 19 home. 20 Basically my daughter -- my 14 year old 21 daughter and this 15 year old boy disappeared for 22 3 1/2 hours. Neither parent, neither I nor my wife, knew 23 where they were. When she came home after dark -- it was 24 close to 9:00 that night -- I confronted her. I did 25 restrain her, and she went to school and reported that, 18 1 which caused a report to be filed. It was investigated, and 2 it was determined to be an unfounded report of abuse. 3 Q All right. So you were disciplining your 4 daughter. You simply didn't allow her to go out with her 5 boyfriend. She reported that the next day to the counselor, 6 and they, as mandatory reporters -- 7 A Right. 8 Q -- called the CYS for an investigation? 9 A Right, and in all honesty, it really wasn't 10 discipline. It was more of -- I felt through her actions 11 and what she was saying that she was going to leave again. 12 I was restraining her. 13 Q Okay. 14 A Rather than actually disciplining her. 15 Q The report came back unfounded? 16 A Unfounded. 17 Q Were there any other incidents where your 18 wife had alleged that you had abused the children? 19 A No, sir. Not that I know of. 20 Q All right. Now, you say your wife left the 21 home July 18th? 22 A Yes, sir. 23 Q Previous to that, however, in June and July, 24 had your wife spent a significant number of overnights away 25 from the home and away from the children? 19 1 A Yes. May 31st was my last day at work at my 2 evening job. My wife had started a part-time job about 3 mid-May. From that point on she was rarely home to tuck the 4 children in. 5 MR. GAFFNEY: If the Court will indulge us, I 6 would like to approach the witness and introduce some 7 exhibits. 8 THE COURT: Well, we're just about at the end 9 of your presentation. If you want to present one exhibit, 10 you can. 11 (Whereupon, Plaintiff's Exhibit No. 1 was 12 marked for identification.) 13 BY MR. GAFFNEY: 14 Q Mr. George, I would like to show you a 15 document here, which appears to be two calendars for the 16 months of June of 2005 and July of 20C5, and I would ask if 17 you recognize that? 18 A Yes, sir. 19 Q Okay. And who prepared that calendar? 20 A I did this. 21 Q Okay. And there are notations on each of 22 those days, some of which are N. Would you explain to the 23 Court what this calendar denotes? 24 A Those days with the N's are the nights that 25 she was not home. 20 1 Q All right. And so in these two months, June 2 and July, this cale ndar wou ld show the Court how many nights 3 the wife was away f rom the home and not with the children 4 overnight? 5 A That is corr ect. 6 MR. GAFFNEY: Okay. Your Honor, we would 7 like to move the ad mission of what's been labeled 8 Plaintiff's Exhibit 1. 9 THE COURT: This is Plaintiff's Exhibit 1? 10 MR. GAFFNEY: Yes, Your Honor. 11 THE COURT: All right. Ms. Clotfelter. 12 MS. CLOTFELT ER: No objection. 13 THE COURT: All right. Plaintiff's Exhibit 1 14 is admitted. 15 (Whereupon, Plaintiff's Exhibit No. 1 was 16 admitted into evidence.) 17 THE COURT: Ms. Clotfelter. 18 MR. GAFFNEY: Just one more question. 19 THE COURT: First let me just ask you one 20 general question. Are the facts in your petition -- 21 Emergency Petition for Special Relief true and correct? 22 THE WITNESS: Yes, sir. 23 THE COURT: Ali right. Ms. Clotfelter. 24 CROSS EXAMINATION 25 BY MS. CLOTFELTER: 21 1 Q Let's talk briefly about your restraining of 2 Aletha. You had testified that you restrained her. Isn't 3 it true that you pulled her arm backwards? 4 A I do not know. I don't believe that I pulled 5 her arm backwards. What I did was I grabbed her by the arms 6 side to side and restrained her. 7 Q Wasn't it so severe that she actually had to 8 go see the family physician? g A No, that is not -- to the best of my 10 knowledge that is not a correct statement, no. She went to 11 her counselor at school. 12 Q Didn't you also get so angry with Aletha that 13 you kicked in her bedroom door so hard that it came off the 14 hinges? 15 A That is not correct. 16 Q In disciplining your children, don't you 17 sometimes hide things, such as a shoe, if they left a pair 18 of shoes in a place where you don't want them? 19 A Yes, I have done that. 20 Q On one occasion didn't you hide your 21 daughter's sport uniform? 22 THE COURT: Her what? 23 MS. CLOTFELTER: Sport uniform. 24 THE WITNESS: No, I have never done that. 25 22 I BY MS. CLOTFELTER: 2 Q You didn't hide Chelsea's uniform? 3 A No. In my house things get lost often. I 4 would never do something like that where she could not 5 participate in her sport. 6 Q So you're denying tha= she missed a game and 7 was extremely upset? 8 A I am not denying that. I'm denying that I 9 had anything to do with the missing shirt. 10 Q Do you discipline them for spilled milk? 11 A No, I do not. 12 Q You don't send them tc their rooms? 13 A Over spilled milk? 14 Q Yes. 15 A No. 16 Q Did you ever bite your wife? 17 A That I might have done, yes. 18 Q And did she need to seek medical attention 19 for that bite? 20 A No. 21 Q We heard that you pushed her and she fell 22 down. Your children were present for that, weren't they? 23 A That was at midnight. I believe Aletha was 24 there. 25 Q Wasn't there an incident in the driveway 23 1 where you pushed her and she fell down? 2 A Yes. 3 Q In front of all of your children? 4 A That was the one incident, yes. 5 Q Did you kick her in late May and cause her to 6 stumble down the stairs in front of two of your girls? 7 A No. 8 Q That didn't happen? 9 A I did not kick her and cause her to stumble. 10 Q What did you do? 11 A We were coming down the steps, and she 12 stopped to pick something up, and I c'.id not stop when she 13 stopped in front of me. She didn't fall. It was not any 14 kind of act of abuse. 15 Q Haven't you on occasions choked your wife? 16 A Yes. 17 Q And this too required medical attention, 18 didn't it? 19 A No. To the best of my knowledge, no. I mean 20 I never -- no, to the best of my knowledge. 21 Q You were working 65 hours a week. So if she 22 went to the physician during the day, you wouldn't know? 23 A I have never worked 65 hours a week, and I 24 would s ee an explanation of benefits that would probably 25 clue me in if she had been to the doctor. 24 I Q But you were working two jobs until sometime 2 in the late spring, early summer? 3 A That is correct. 4 Q You and your wife lived on Virginia Road, 5 didn't you? 6 A Yes, we did. 7 Q You lived there for 13 years; isn't that 8 true? 9 A Yes. 10 Q So your two oldest daughters would have lived 11 there for probably most of their lives? 12 A That is correct. 13 Q So t hey have friends and whatnot over in that 14 neighborhood? 15 A Yes. They have -- yes. 16 Q So, in fact, it's not a strange neighborhood 17 to them? 18 A No, the neighborhood is not strange. 19 MS. CLOTFELTER: That's all I have for this 20 witness. 21 THE COURT: Mr. Gaffney. 22 REDIRECT EXAMINATION 23 BY MR. GAFFNEY: 24 Q This particular one incident that you were 25 testifying abou t where you pushed her, did you intend to 25 I push her down? 2 A No, I did not. She came home -- the children 3 and I went to the circus that night. She was supposed -- 4 she was staying home. We got home and she was not there. 5 She came home a little after -- right around midnight. I 6 went out and just confronted her, and basically I pushed her 7 chest and said, I don't want you to come into the house, and 8 when I pushed, she fell down, which surprised me because I 9 never intended that. 10 Q You've never hit her with a fist? 11 A Never. 12 Q You never struck her on any other occasion? 13 A No. The issues that have been brought up are 14 all issues since we've separated, not -- never prior to 15 that. 16 Q So prior to the separation there were never 17 any allegations even made by your wife as far as physical 18 abuse? 19 A No. 20 MR. GAFFNEY: I understand. That's all I 21 have. 22 THE COURT: Ms. Clotfe__ter, we're to your 23 client at this point so you're welcome to go ahead with 24 cross examination, if you care. 25 MS. CLOTFELTER: No thank you. 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 THE COURT: All right. You may step down. Thank you. Ms. Clotfelter. MS. CLOTFELTER George. I'd like to call Paula Whereupon, PAULA J. GEORGE having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. CLOTFELTER: Q Can you say your name and address, please, for the Court? A Yes. It's Paula George, 439 Virginia Road, Mechanicsburg. THE COURT: Is it Paula Jean George? THE WITNESS: Yeah. THE COURT: All right. BY MS. CLOTFELTER: Q Ms. George, you've heard why we're here today. Can you tell us, in your own words, why you've limited your time in your marital residence? A He had become verbally abusive with me, and on some occasions had been physically abusive, and I was scared, and every time we were together the children were getting upset, and I felt it would be best if I had left so that it would be easier for the kids and it would be 27 1 easier for me, to get away from him. 2 Q Did you initially want to take the children 3 with you? 4 A Yes, I did. Very, very much so. 5 Q Why didn't you? 6 A Well, he kept telling me that the police were 7 going to get involved, and he would come back and get them, 8 and I didn't want to drag them through that. I felt that 9 they had been through enough, and I didn't want to hurt them 10 anymore than what I had already hurt them. 11 Q We heard about responsibilities in the 12 household during the marriage, according to dad. Can you 13 tell us how your household was run? 14 A I always did the housework. There were times 15 when some things were not done the way he felt they should 16 have been done and he would do them, and he would get upset 17 if things weren't done the way he wanted them, but I took 18 care of everything except for the laundry. He did help me 19 with the laundry because he had a way that he liked to do 20 things, and I let him do it because he was happy with the 21 way he did it. So he did do all the Laundry, but I did all 22 the meals, and I did all the dishes, and I vacuumed, and I 23 mopped floors, but, yes, he did do laundry, that is true. 24 Q Since you left, who's been doing the 25 housework at the marital residence? 28 1 A It doesn't look like anybody's been doing too 2 much of the housework. 3 MS. CLOTFELTER: Your Honor, I'd like to have 4 three exhibi ts marked. 5 THE COURT: All right. 6 (Whereupon, Defendant's Exhibits 1, 2 and 3 7 were marked for identification.) 8 MS. CLOTFELTER: May I approach the witness, 9 Your Honor? 10 THE COURT: Certainly. 11 BY MS. CLOTF ELTER: 12 Q Ms. George, I'm handing you three 13 photographs. Do you recognize those:' 14 A Yes, I do. 15 Q Did you take those photographs? 16 A Yes. 17 Q When did you take those photographs? 18 A August 5th. 19 Q So very recently? 20 A Yes. 21 Q Can you tell us what Number 1 is? 22 A This is the boys' bedroom. 23 Q Okay. And Number 2? 24 A Is the bathroom upstairs. 25 Q Okay. Now, there is a third photograph there 29 1 that I've included in the interest of time. Did you take 2 the third photograph also? 3 A Yes. 4 Q And what's that third photograph? 5 A That's the kitchen. 6 THE COURT: It's what? 7 THE WITNESS: It's the kitchen. 8 THE COURT: A bedroom, did you say? 9 MS. CLOTFELTER: It's the kitchen, Your 10 Honor. 11 THE COURT: A kitchen. Ail right. 12 BY MS. CLOTFELTER: 13 Q And what address is that at? Is that 14 Virginia Avenue or? 15 A This is on Virginia Road. 16 Q Okay. So the third one is Virginia Road, and 17 the first two are the marital residence where the children 18 have been spending most of their time? 19 A That is correct. 20 Q Okay. Tell us a little bit about Virginia 21 Road and the space that you have for the children if you're 22 granted primary custody or any time with the children? 23 A The intention is -- is to get an extension 24 built. We're going to have two bedrooms built and a 25 bathroom. We have talked to a contractor. 30 1 THE COURT: Well, I'm more interested in 2 what's existing now because this is just an emergency 3 hearing. 4 BY MS. CLOTFELTER: 5 Q Tell us about the bedrooms and the beds that 6 have been purchased now. 7 A All of the children will have bedding. They 8 will have beds. We went out and bought bunk beds. So the 9 children will have, you know, adequate bedding, and they 10 will be -- you know, it is a tight fit, but, you know, they 11 will be fine in the house. 12 Q And is it the same school district that the 13 children have been attending? 14 A Yes, it is. 15 Q So they don't need to make a change? 16 A They do not need to make a change. 17 Q Now, do they have a number of friends on 18 Virginia Avenue where they may move? 19 A Yes, they do. Most of their childhood 20 friends are still there. 21 Q Do they seem comfortable in that 22 neighborhood? We did hear testimony that they spent some 23 time there with you? 24 A Yes, they feel very comfortable there. 25 Q Now, talking a little bit about some of the 31 1 negative things. Can you tell us a little bit about Dad's 2 discipline of your kids? 3 A I always felt it was a little bit on the 4 strict side. 5 Q Tell us about the incident with Aletha that 6 he testified about. 7 A To me, he went overboard with the discipline. 8 It's probably not abuse, but it was definitely wrong. 9 Q Did she go to the doctor? 10 A Yes, she did. 11 Q Why did she have to go to the doctor? 12 A She said she couldn't move her arm, but the 13 doctor didn't see any bruising so it was just something that 14 I guess -- apparently when her arm went back, maybe a muscle 15 got pulled or something happened there, but there was no 16 bruising and there was no x-rays taken at that point, but 17 she did talk to the doctor about it. 18 Q Tell us about the door incident. 19 A Well, he broke down the door. He gets angry. 20 He has temper fits, and he did break down the door, and the 21 door knob actually -- we had to replace it. Eventually we 22 had to get a new door knob. He has anger problems. 23 THE COURT: When was this? 24 THE WITNESS: Well, actually -- I don't 25 recall exactly. Specifically, I can't remember the date. 32 1 THE COURT: What year was it? 2 THE WITNESS: It was actually last summer 3 that it happened. It was -- I just remember July and August 4 of last summer when the door got busted down. This was not 5 the incident that -- with Aletha's boyfriend, the night that 6 he got angry. That particular night wasn't that night. He 7 didn't bust down the door that night. This was another 8 incident. 9 BY MS. CLOTFELTER: 10 Q And the incident with Aletha and the 11 boyfriend, that was much more recent, wasn't t? 12 A Yeah. That was recent. 13 Q Have you seen your children get upset over 14 some of his discipline? 15 A Yes, I have. 16 Q Can you tell us a little bit about that 17 quickly? 18 A They just start crying. They just get 19 emotionally upset. 20 Q What about this biting incident? 21 A Well, he just -- he acted like he was 22 playing, but I did have -- I had four bite marks on my leg 23 and they were all bruised up, and I did go to the doctor 24 just to show her, and she had it in her files that it 25 happened. 33 1 Q Okay. And these other incidents where your 2 children saw like the push that he admitted, can you tell us 3 briefly a little bit about those? 4 A Well, just, you know, he gets angry, and if 5 they get pushed or something, they start crying, and that 6 happens -- that happens quite frequently, that this happens, 7 where they get upset. 8 Q And he admitted choking you. Can you briefly 9 tell us about that? 10 A Well, this is while -- we weren't separated 11 at the time, but Ron was in the picture, and he was angry, 12 and he just took his anger out on me. He just took his 13 hands and he choked me. On three different occasions he did 14 that. The two times I never -- I never went to the doctor, 15 but the one time I did mention it to the doctor. I was 16 having a hard time swallowing that day, but on three 17 different occasions that did happen. 18 Q Have you found his anger to grow with time? 19 A Yes, I have. 20 Q Is there a trigger for that? Is it the 21 marriage counseling? 22 A He's always been angry. I mean it's just 23 been progressively worse the last couple of years. 24 THE COURT: I need to give Mr. Gaffney a 25 chance to cross-examine. Do you have many more questions? 34 1 MS. CLOTFELTER: One. 2 THE COURT: Sure. 3 BY MS. CLOTFELT ER: 4 Q What would you like to see the Court do 5 today? 6 A I want primary custody of my children. 7 Q Okay. 8 A I believe that they would be best in my care. 9 Q And did you take primary care of them during 10 the marriage? 11 A Yes, I did. I was a stay-at-home mom pretty 12 much the whole time when they were growing up. I just 13 recently got a job and I worked 11 p.m. at night to 14 7:00 a.m., and I was really tired at night, but I just did 15 that because I felt I needed to get out of the house at 16 night. It wasn 't a good situation, and I felt the need to 17 start working, but I pretty much was a stay-at-home mom. 18 I've always bee n the primary caregiver of those children. 19 Q And since the separation have you continued 20 in your role? 21 A I have -- because of working, I did let the 22 kids overnight with him because I didn't want them to be 23 alone at night, and I knew he was there at night, and I 24 didn't want to leave them, and I didn't want to disturb them 25 any more than w hat things have been. So I have left them at 35 1 night with their dad, and during the day, usually about 6:30 2 to 4:30, they are in my care. Monday through Friday they're 3 in my care. And then sometimes a little bit longer, for 4 dinners and stuff, I've had them, but at night they have 5 been with their father overnight. 6 MS. CLOTFELTER: That's all I have, Your 7 Honor. 8 BY THE COURT: 9 Q Okay. I'm a little unclear about your living 10 arrangements for the children at your present residence. 11 Where would they sleep? 12 A Well, we got bunk beds. The girls would need 13 a bunk bed to get in their room, and then the boys would be 14 in a room with bunk beds. So that's been arranged, and we 15 have redone the rooms for their care, and now also I just 16 wanted to point out something else. During the summer he 17 has joint custody of his sons, but in the fall and winter it 18 is stated in a document there that his wife does have 19 primary custody. So the children, the boys, his boys, will 20 only be every other weekend with us. So that will be less 21 children in the house because she does have primary custody 22 during the school year. 23 Q How many bedrooms are =_n this -- 24 A It is a three bedroom ranch house. 25 Q In this place that you live now? 36 I A It's a three bedroom. 2 Q Three bedrooms? 3 A Yes. 4 Q And you have proposed to have two of your 5 children in one bedroom, two in another, and you and 6 Mr. Swinn shari ng the third? 7 A That is correct. 8 Q Okay. And are all of the facts in your 9 answer true and correct? 10 A Yes. 11 THE COURT: Okay. Mr. Gaffney. 12 MR. GAFFNEY: Thank you, Your Honor. 13 CROSS EXAMINATION 14 BY MR. GAFFNEY: 15 Q You're residing currently with Mr. Swinn? 16 A Yes. 17 Q How long have you known Mr. Swinn? 18 A It's probably been -- __t could be close to 19 about 13 years. It's been a long time. 20 Q You have a relationship with Mr. Swinn? 21 A Yes, I do. 22 Q It's a romantic relationship? 23 A Yes, I do. 24 Q It's a sexual relationship? 25 A Yes. 37 1 Q And Mr. Swinn has two sons? 2 A Yes, that is correct. 3 Q What are their ages? 4 A Fourteen and twelve. 5 Q And they currently -- at least during the 6 summer they are residing with Mr. Swi.nn and you on Virginia 7 Road? 8 A Yes. He has joint custody over the summer, 9 that is correct , yes. 10 Q And so as you described it with the bunk 11 beds, you will have four boys in one bedroom? 12 A When the boys are around, yes, there would 13 be. They would be there. 14 Q But up until this point they haven't slept 15 overnight at Mr . Swinn's house at all., have they? 16 A That is correct, yes. 17 Q And up until last night the girls have never 18 slept overnight at Mr. Swinn's house:' 19 A Last night the girls did spend the night with 20 me for the firs t night. They wanted to see what it would be 21 like to be with their mom, and so they did. 22 Q When did you first tell my client that you 23 were having thi s relationship with Mr. Swinn? 24 A I believe it was in October. It was in the 25 fall. It was i n October. I felt like I needed to tell him 38 1 that I was having an affair, and I did tell him. 2 Q And then you participated in marriage 3 counseling? 4 A We did do marriage counseling, yes. 5 Q But that was not successful? 6 A That's right, it was not successful. 7 Q And these incidents of abuse that are being 8 alleged here, as counsel points out, these are recent 9 incidents. You've said the anger was over these recent 10 incidents? 11 A Yes. 12 Q And all of those incidents have been since 13 you informed m y client that you were having an affair with 14 Mr. Swinn? 15 A That is correct, yes. 16 Q When did you move out of the marital 17 residence and move in with Mr. Swinn? 18 A July 18. 19 Q And you filed the divorce complaint on July 20 13th, correct? 21 A That is correct. 22 Q Were the facts in the divorce complaint 23 correct? 24 A Um-hum. 25 Q And you signed the verification to that, 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 correct? A Yes. Q And in the divorce complaint you said that you were living separate and apart since May 22nd, 2005? A Yes, that is correct. May 22nd. Q Okay. In June and July did you spend a significant number of overnights away from the family residence? A There were some, yes. I don't recall how many, but yeah, there were. Q And some of those nights you were working? A Yeah, I did. Yes, that's right. Q And some of those nights you spent with Mr. Swinn -- THE COURT: Wait. There's two people talking at once, and we are now past the deadline for the hearing. Go ahead with a couple more questions, Mr. Gaffney. MR. GAFFNEY: All right. BY MR. GAFFNEY: Q Is it fair to say then that you separated May 22nd, and you were spending overnights away from the home, and then you made kind of a final move out of the home in July? A Yes. Q With respect to the incident that -- of these 40 1 alleged incidents of abuse, after 19 years of marriage with 2 no abuse, yo u informed your husband you were having an 3 affair, and now you allege the incidents of abuse. Did you 4 ever report this to the police? 5 A No. 6 Q Did you ever file a Protection from Abuse 7 petition? 8 A No. 9 Q You say you were employed. Are you currently 10 employed as of today? 11 A No. 12 Q You're unemployed, in fact? 13 A That is right. 14 Q You testified before you were employed? 15 A I was, yeah. I'm not now, right. 16 Q Okay. In your divorce complaint on July 13th 17 you raised s everal counts for property distribution, 18 alimony, and APL, alimony pendente lite. You did not raise 19 a claim for custody, correct? There's not a count for 20 custody? 21 A No. 22 MR. GAFFNEY: That's all I have. 23 THE COURT: Okay. Ms. Clotfelter, anything 24 further? 25 41 1 REDIRECT EXAMINATION 2 BY MS. CLOTFELTER: 3 Q Ms. George, you didn't raise a claim for 4 custody in the divorce complaint, but were you and your 5 husband talking about an amicable resolution? 6 A No. 7 Q He didn't suggest collaboration? 8 A Oh, that's right. He did suggest 9 collaboration, and I did a little research on it, and, you 10 know, we looked into that process, but it wasn't something 11 that was going to be the right way to go. 12 Q But you had hoped it would be? 13 A I wasn't sure. I didn't know how the outcome 14 was going to be with that. 15 Q Now, they're painting a picture that there 16 was no abuse in your marriage before October of last year. 17 Is that true? 18 A There was always verbal abuse and mental 19 abuse going on. 20 Q Anything with water bottles? Anything like 21 that? 22 A Yeah. He used to go after me with water 23 bottles, yes. When he would get frustrated and angry with 24 me, he would ch ase me around the house with water bottles, 25 yes. 42 I MS. CLOTFELTER: That's all I have, Your 2 Honor. 3 THE COURT: Mr. Gaffney. 4 MR. GAFFNEY: Nothing further. 5 THE COURT: Okay. You may step down. Thank 6 you. We'll enter this order: 7 AND NOW, this 5th day of August, 2005, upon 8 consideration of Plaintiff's Petition for Special Relief 9 with respect to the parties' children, Aletha A. George 10 (date of birth, June 7, 1990), Chelsea M. George (date of 11 birth, September 19, 1992), Joshua J. George (date of birth, 12 May 22, 1999), and Benjamin L. George (date of birth, June 13 28, 2002), and following a hearing held on this date, the 14 record is declared closed, and the matter is taken under 15 advisement. 16 (End of order.) 17 THE COURT: And, Ms. Clotfelter, I guess you 18 didn't move the admission of your exhibits. Did you want to 19 move the admission of Defendant's Exhibits 1, 2, and 3? 20 MS. CLOTFELTER: Yes, I would, Your Honor. 21 THE COURT: Mr. Gaffney, do you have any 22 objection to that? 23 MR. GAFFNEY: No objection. 24 THE COURT: All right. Defendant's Exhibits 25 1, 2, and 3 are made a part of the record. 43 1 (Whereupon, Defendant's Exhibits 1, 2, and 3 2 were admitted into evidence.) 3 THE COURT: And I will try to have an order 4 entered within the next several days. 5 MS. CLOTFELTER: Thank you. 6 MR. GAFFNEY: Thank you, Your Honor. 7 (Whereupon, the proceedings concluded at 8 12:01 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 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. Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Da e r T- 1 Wesley xerr, jr., v. th Judicial District 45 RECEIVED OCT 0 52005 RANDY SCOTT GEORGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3620 CIVIL ACTION - LAW PAULA JEAN GEORGE, IN CUSTODY Defendant COURT ORDER AND NOW, this day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of August 9, 2005 shall remain in effect subject to the following modifications: 1. The parties may modify the August 9, 2005 Custody Order as they agree. Absent any agreement between the parties, the Order shall remain in place. 2. In the event either party is dissatisfied with the existing Order, legal counsel for that party may contact the Custody Conciliator directly to schedule a Conciliation Conference and, if necessary, a hearing before the Court. 3. The upcoming holiday schedule shall be handled as follows, unless agreed otherwise by the parties: A. For Thanksgiving, the day shall be split equally between the parties with Father having 9:00 a.m. until 3:00 p.m. and Mother having 3:00 p.m. until 9:00 p.m. B. The Christmas holiday shall be divided into two segments, Segment A being December 24`h at noon until December 25{h at noon, and Segment B being December 251h at noon until December 26`h at noon. Father shall have Segment A and Mother shall have Segment B in 2005, with the parties alternating that in years thereafter. C. The Easter holiday shall be handled the same as the Thanksgiving holiday, unless agreed otherwise between the parties. D. Father shall always have custody on Father's Day, and Mother shall always have custody on Mother's Day, the time to be from 9:00 a.m. until 9:00 p.m., unless agreed otherwise between the parties. 4. Both parties shall enjoy at least two weeks of vacation time with the minor children, which may or may not be consecutive as agreed upon by the parties. The parties shall endeavor to give each other at least 30 days notice as to when they intend to exercise vacation, with the party giving the first notice having preference relative to the time for vacation with the children. BY THE COURT Cc: ,11ri da A. Clotfelter, Esquire ,Richard C. Gaffney, Esquire Nb' 7 , Jr., Judge I.L,UC51et diCr, j ,r, '-10 ?010Z 1?1? ? RANDY SCOTT GEORGE, Plaintiff V. PAULA JEAN GEORGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 05-3620 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CUSTODY CONCILIATION 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 children who are the subject of this litigation is as follows: Aletha A. George, born June 7,1990 Chelsea M. George, born September 19,1992 Joshua J. George, born May 22, 1999 Benjamin L. George, born June 28, 2002 2. A Conciliation Conference was held September 29, 2005. Present were: The Father, Randy Scott George, with his counsel, Richard C. Gaffney, Jr., Esquire The Mother, Paula Jean George, with her counsel, Linda A. Clotfelter, Esquire 3. The parties agree to the entry of an Order in the form as attached. Date: 0 --;?- b ? Hubert X. Troy, Esquire Custody onciliator SCOTT GEORGE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY JEAN GEORGE, Defendant NO. 05-3620 The Petition of Randy Scott George, Plaintiff, respectfully represents: That on August 9, 2005, Judge Wesley J. Oler entered an Order awarding Plaintiff (Father) primary physical custody of the minor children. A true and correct copy of the order is attached to this petition as Exhibit -A-. Defendant has willfully failed to abide by the order in that the oldest child has taken up residence in Mother's home and Mother has refused to return the child to Father's custody. The child has engaged in conduct inappropriate for her age and the conduct is known by Mother and either condoned or encouraged by Mother's own conduct. It is not in the best interest of the child to reside in Mother's home because of the promiscuous conduct permitted by Mother between the teenage daughter and a particular boy. WHEREFORE, Petitioner requests that Respondent be held in -ontempt of court and be directed to return the child to Petitioner's care in accordance with the existing Order and in the alternative to modify it to protect the best interest of the child as the Court in its discretion deems appropriate. Respectfully Submitted, DISSINGER & DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID# 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717) 975-3924 (fax) WRIFICATION I, Randy Scott George, verify that the statements made in the foregoing Petition for Civil Contempt are true and correct. I tand that false statements herein are made subject to the ties of 18 Pa.C.S. §4904, relating to unsworn falsification authorities. Ran 4y S tt Geor SCOTT GEORGE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY JEAN GEORGE, Defendant NO. 05-3620 CRRTIFICATE Oir SRRVICR I, Annette M. Walmer, secretary for Dissinger & Dissinger, reby certify that on the date set forth below I served a true and rrect copy of the foregoing document upon Linda Clotfelter, Esq., e last known attorney of record for Defendant, by First Class ited States mail addressed as follows: .Linda Clotfelter, Esquire 5021 E. Trindle Rd Suite 100 Mechanicsburg, PA 17050 te: Annette M. Walmer Legal Secretary for Mary A. Etter Dissinger, Esq. a g b n ?s 'T} rr; r ra rn -'v N O'N '^V 3 N tt) gi -rJ 'ern RANDY SCOTT GEORGE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY OF PENNSYLVANIA VS. CIVIL ACTION - CUSTODY PAULA JEAN GEORGE, Defendant NO. 05-3620 CERTIFICATE OF SERVICE I, Annette M. Walmer, secretary for Dissinger & Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon Linda Clotfelter, Esq., the last known attorney of record for Defendant, by First Class United States mail addressed as follows: Linda Clotfelter, Esquire 5021 E. Trindle Rd Suite 100 Mechanicsburg, PA 17050 Date: Annette M. Wal er Legal Secretary for Mary A. Etter Dissinger, Esq. _ r. Z?J RANDY SCOTT GEORGE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAULA JEAN GEORGE DEFENDANT 2005-3620 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 02, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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: ls/ Hubert X. Gyro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A6V G derma i 5 , 1 G RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3620 CIVIL ACTION - CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, comes Defendant, Paula J. George, (hereinafter "Mother") by and through her counsel, Linda A. Clotfelter, Esquire, who responds to Plaintiffs Petition for Civil Contempt for Disobedience of Custody Order as follows: 1. Denied. Mother has not willfully failed to abide by the Order in this case. In further answer, after the parties' 17 year old daughter, Aletha ran away from Plaintiff and his new step-family of 9 children in April 2007, and refused to return, the parties mutually agreed that she would live primarily with Mother. Since that time, the teenager, who will be eighteen (18) in less than eight (8) months, has continually refused to return to Plaintiff's custody. Mother believes that Plaintiffs filing for contempt is retaliatory conduct due to Mother's recent petition to reduce her child support obligation due to the change in circumstances. 2. Denied. It is specifically denied that Aletha has engaged in conduct inappropriate for her age and the implication that Mother's conduct is in some way inappropriate is adamantly denied. It is further denied that Mother encourages or condones inappropriate conduct from any of her children. In further answer, Aletha's conduct with her boyfriend and otherwise has been appropriate and she has followed Defendant's household rules prohibiting inappropriate or promiscuous behavior. 3. Denied. See responses to paragraphs 1 and 2, above. r WHEREFORE, Defendant, Paula J. George, respectfully requests that this Honorable Court deny Plaintiff's Petition for Civil Contempt for Disobedience of Custody Order; grant Defendant primary physical custody of the Aletha A. George, with shared legal custody between the parties; and grant such other relief as this Court deems just and proper. Respectfully submitted, Date: I b 10 h LAW FIRM OF LINDA A. CLOTFELTER nda A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant iI RANDY SCOTT GEORGE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 3620 PAULA JEAN GEORGE, DEFENDANT : CIVIL ACTION - CUSTODY VERIFICATION I, PAULA J. GEORGE, verify that the statements in the foregoing document are 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. § 4904, relating to unworn falsification to authorities. Date: 10 ° 10 `CDC - D- PAULA J. GEORGE, Defendant x" RANDY SCOTT GEORGE, PLAINTIFF V. PAULA JEAN GEORGE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 3620 : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing document served upon the interested parties via first class mail, postage prepaid, addressed as follows: Mary A. Etter Dissinger, Esquire 28 N. 32nd Street Camp Hill, PA 17011 Hubert X. Gilroy, Esquire (Conciliator) 10 East High Street Carlisle, PA 17013 Dated: i a Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant -}r F3 : r r IV% NOV 0 7 2DD7d Y RANDY SCOTT GEORGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW PAULA JEAN GEORGE, : NO. 2005-3620 Defendant : IN CUSTODY I COURT ORDER AND NOW, this l ( ` day of November, 2007, 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 of the Cumberland County Courthouse on the ,2fk day of at q,',30 a m. At this hearing, the father shall be the moving p rty and shall proceed initially with testimony. Counsel for the parties shall file 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, this Court's prior Order shall remain in place. 3. The hearing scheduled above will address the issue of whether mother shall be held in contempt pursuant to the father's request that mother be held in contempt for violation of the Order. Additionally, the hearing will address a de facto request by mother to have the Custody Order modified to reflect the minor child Aletha to be living with mother as primary custodian. 4. Both parties are directed to insure that all rules and regulations are followed with respect to the driver training of Aletha and, where required, the minor child shall not be driving a vehicle without being accompanied by a licensed adult to sit in the front seat with the child. 5. Both parties shall also continue with all of the counseling that currently involves Aletha, with the counseling to continue at the directive of the counselor. BY THE gOURT, Cc: Linda A. Clotfelter, Esquire Mary A. Etter Dissinger, Esquire ulge J. Wesle'O er, Jr. 'VlNVA"VSNN3d 10 -Z W £ t LION LODZ AWIQNOHI08d 3 HI JO 30i:j40- •? RANDY SCOTT GEORGE, Plaintiff v PAULA JEAN GEORGE, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005-3620 : 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 children who are the subject of this litigation is as follows: Aletha A. George, born June 7, 1990, Chelsea M. George, born September 19, 1992, Joshua J. George, born May 22, 1999 and Benjamin L. George, born June 28, 2002. 2. A Conciliation Conference was held on November 2, 2007, with the following individuals in attendance: The father, Randy Scott George, with his counsel, Mary A. Etter Dissinger, Esquire, and the mother, Paula Jean George, with her counsel, Linda A. Clotfelter, Esquire. 3. The issue at this time is the older child Aletha. She has left the father's home even though the existing Order indicates the father has primary custody. The child has moved in with the mother. The father has serious concerns about the mother's supervision of the child with respect to the child's sexual activities, illegal driving activities and other matters. The child will be turning eighteen in approximately six months and indicates to the mother that she does not want to return to the father's home. The parties are unable to reach an agreement and the Conciliator believes a hearing is required. 4. The Conciliator suggests an Order in the form as attached. Date: 1,U7 V Hubert X. roy, Esquire Custody nciliator RANDY SCOTT GEORGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PAULA JEAN GEORGE, Defendant NO. 05-3620 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 17" day of January, 2008, upon consideration of the attached letter from Mary A. Etter Dissinger, Esq, attorney for Plaintiff, the hearing previously scheduled in the above matter for January 24, 2008, is cancelled. BY THE COURT, Mary A. Etter Dissinger, Esq. 28 North Thirty-Second Street Camp Hill, PA 17011 Attorney for Plaintiff Linda A. Clotfelter, Esq. 5201 E. Trindle Road Suite 100 Mechanicsburg, PA 17050-3528 Attorney for Defendant l_ © F s /rid c L( re - - '• 01/16/2008 10:27 FAX 17179753924 DISSINGER DISSINGER IDISSINGER Camp Hill Offices: 717.975.2840/voice • 717.975.3924/fax Marysville Offices: 717,957,3474/voice • 717.957.2316/fax January 16, 2008 VIA FAX ONLY The Honorable Judge J. 1 Courthouse Square Carlisle, PA 17013 RE: George v George Docket 2005-3620 Dear Judge Oler: Wesley Oler I represent the Plaintiff, Randy Scott George in the above custody matter which is scheduled for hearing on January 24, 2008 at 9:30am. On January 15, 2008, I.spoke with Attorney Clotfelter, counsel for Defendant, who has agreed that our clients have come to an agreement regarding their custody arrangement. They will continue to follow the most recent Order of November 11, 2007, regarding driving and counseling as well as the order of August 9, 2005 regarding the custody schedule. The contemp issues recently brought before the Court are resolved as well. Therefore, Attorney Clotfelter and I both request that the hearing scheduled for January 24, 2008, be cancelled. If you have any questions or need anything further from either attorney, please contact me promptly at my Camp Hill office or Attorney Clotfelter. Very truly yours, Mary A. Etter Dissinger Attorney at Law MAED:amw CC". R. Scott George Linda Clotfelter, Esq. (Via fax) file: 1-07-530 Attorneys at Law 28 North Thirty-Second Street • Cam Hill, PA 17011 400 South State Road • Marywil e~ PA 17053 Z02