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HomeMy WebLinkAbout01-3838 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JEANNETTE A. BOARMAN, Plaintiff No. 01 3838 VERSUS DANIEL M. BOARMAN, Defendant DECREE IN DIVORCE AND NOW, ::r vOo r J ~l""f'~ ')00'1, IT IS ORDERED AND DECREED THAT Jeannette A. Boarman , PLAI NTI FF, AND Daniel M. Boarman , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; ~np ~rr~rnpn M~rit.~' S~t.t.'~m~nt. Agr~~m~nt dated December 12. 2003 settling incorporated, .. PROTHONOTARY and/or waiving but not merged, "By ecord, is hereby ee in Divorce. ATTEST: J. ~ ~?J- 'V''''1I ~;J;t"l7 /Ill- P) I ~_~~ '?-r.r/~7y{/ Av'lL . ,~ -,. . .-" ~ ..... .. - ----- MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DANIEL :M. BOARMAN AND JEANNETTE A. BOARMAN John 1. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 234-2616 Counsel for Defendant Richard S. Friedman, Esquire FRIEDMAN & KING 600 North Second Street Hanisburg, P A 17101 Telephone: (717) 236-8000 Counsel for Plaintiff NUUUTALSETTLEMENTAGREEMENT :i= ~ r\ THIS AGREEMENT, made this \~ day of . r G .~\:..Io.Q./\ ,2003 by and between DANIEL M. Bo.ARMAN, of Cumberland County, Pennsylvania, and JEANNETTE A. BOARMAN, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Daniel M. Boarman (hereinafter called "Husband") currently resides at 1 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, Jeannette A. Boarman (hereinafter called "Wife") cun-ently resides at 39 Goldemod Drive, Carlisle, Cumberland County Pennsylvania 17013; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 9, 1990; WHEREAS, the parties have lived separate and apart since on or about May 11,2001; WHEREAS, two children were born of the marriage between the parties, namely, Jordan A. Boarman, born May 26, 1994, and Lindsey A. Boarman, born June 19, 1997; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal propeIiy, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, i'nterference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, 1 for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John 1. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from Richard S. Friedman, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreelnent is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of tins Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alin10ny pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this i\greement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the 2 Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this i\greement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this i\greement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife agrees that she has filed a Divorce Complaint in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to No. 01 - 3838. The parties agree that they will each execute an i\ffidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Wife shall supply counsel for Husband 3 with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate The parties' marital residence located at 5 Cedar Road, Carlisle, Pennsylvania has been sold and the parties have divided the proceeds to their mutual satisfaction. B. Furnishin2s and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. i\ccordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty cUlTently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property cUlTently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. Each party shall retain the motor vehicle in their possession cunently titled in their own name individually. D. Life Insurance. Husband shall retain ownership of the term life insurance policy through Gunn Mowery Insurance. Wife shall execute any documents necessary to transfer ownership of the policy to Husband. Husband agrees that he shall maintain Wife as beneficiary on said policy in an amount equal to his then existing alimony obligation pursuant to Paragraph 6 hereof. The remainder of the death benefit shall designate the children as beneficiaries. Husband shall continue to maintain life insurance with the children as beneficiaries until each child attains the age of 23 or graduates from college, whichever first occurs. E. Pension and Retirement Benefits. Husband has a 401k plan through his prior employment at Bortek Industries. Husband agrees to transfer to Wife the entire balance in the said 40lk plan which, as of the most recent statement, is in excess of $30,400.00. The said transfer shall be accomplished by a Qualified Domestic Relations Order for which Husband shall be responsible for the preparation. The transfer of the funds shall occur within thirty (30) days of the date of this Agreement unless delayed through no fault of Husband. 4 F. Bank Accounts. Each party shall maintain bank accounts in their individual names, having previously divided balances in all marital accounts. G. Equitable Distribution. On or about July 16, 2003, Husband has paid to Wife in the form of equitable distribution, the sum of $24,497.00. The payment of these funds satisfies the equitable distribution of marital property between the parties and also reimburses Wife for day care and health care expenses. H. Miscellaneous Property. i\s of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 1. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this i\greement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this i\greement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. K. Marital Debt. All marital debt existing at the time of the execution of this Agreement has been fully paid and no marital debt currently exists. 5 L. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property hann1ess fi.om any and all debts, obligations and liabilities. M. Indemnification of 'Vife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her propeliy against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. N. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this i\greement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. O. Warranty as to Future Obli2:ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6 6. SUPPORT. A. ALIMONY. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the partiest marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph, except as provided in Paragraph 6B hereof, in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Husband shall pay to Wife the sum of $800.00 per month as alimony commencing on April 1, 2003 for a period of sixty (60) months. The said monthly alimony payments shall tenninate upon the first to occur of the following: (1) The expiration ofthe alimony term; (2) Death of Husband; (3) Death of Wife; (4) Wife's remarriage; or (5) Wife's cohabitation. i\ll such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (i\) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform i\ct of 1984 and Tax Reform i\ct of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Intemal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (i\) of the Intemal Revenue Code, as amended or any similar future laws or regulations thereto. B. CHILD SUPPORT. The cunent Child Support Order dated March 1, 2003 shall remain in full force and effect. The Order provides for the payment of child support in the amount of$I,300.00 for the support of the parties' minor children, Jordan A. Boarman and 7 Lindsey A Boarman. The child support provisions shall be modifiable based on a change in circumstances of the parties, In conjunction with the said Support Order, Wife shall be solely responsible for all day care expenses relating to the children. Husband shall be responsible for the purchase and payment of medical coverage for the children. Wife shall be responsible for her own medical coverage from the date of the Decree in Divorce forward. The provisions for support, medical coverage and day care as set forth above are subject to modification based on a change in circumstances or change in the existing Support Order. i\s a negotiated item in the distribution and because of the amount of distribution paid to Wife, Wife agrees that she will not request any change in the existing Child Support Order for a period of two (2) years from April 1, 2003. In the event Wife pursues and increase in child support during the two year period and is awarded any additional monies inconsistent with the terms of this i\greement, Husband shall be entitled to reduce his alimony payments to Wife dollar-for-dollar based on any increase in child support or related expenses contained herein. The provision of the Order for Spousal Support for Wife shall be converted to an i\limony Order pursuant Paragraph 6i\ hereof. Husband shall be responsible for communicating the change in the Order regarding alimony to the Domestic Relations Office. All other temlS and conditions of the said Order shall remain In full force and effect. The child support provisions shall be modifiable based on a change in circumstances of the pmiies. 8. COLLEGE EDUCi\TION EXPENSES. The parties agree that they will share college education expenses of the children sixty (60%) percent to Husband and forty (40%) percent to Wife. The parties further agree that the expense of the education shall be limited to the annual cost of Harrisburg Mea Community College. Any agreement to pay monies in addition to the cap as set forth above for college education expenses shall be as agreed upon by the parties. 9. CUSTODY. The parties shall enjoy shared legal custody of the minor children, Jordan A Boarman, born May 26, 1994, and Lindsey A Boarman, born June 19, 1997. Primary physical custody shall be in Wife with partial custody rights in Husband as set forth herein. 8 A. i\1ternating weekends from Friday at 5:00 p.m. until Monday morning when the children will be returned to school or to Wife's residence at a time to be agreed upon by the parties. B. Each Wednesday overnight from 5:00 p.m. until the following morning. During the week ending with Wife's weekend, Thursday overnight from 5:00 p.m. until the following mommg. C. Nternating holidays of Labor Day, Thanksgiving, Easter, Memorial Day and the Fourth of July. The first alternating holiday shall be Labor Day 2003 which shall be Wife's holiday. The holidays shall begin at 9:00 a.m. until 9:00 p.m. on the holiday. The parties shall attach the holidays to the weekend where applicable. D; Each party shall be entitled to two (2) non-consecutive weeks of vacation which would supersede the existing weeldy schedule, The parent electing vacation shall include their weekend in the vacation week. Each parent shall give the other parent notice by May I Sl of each year of their weeks of vacation or lose the preference for electing weeks. In the event notice is given after May 1 st in any given year, the party first giving notice will take precedence as to the weeks selected. E. Wife shall not relocate in excess of twenty (20) miles from the residence of Husband without ninety (90) days written notice providing Husband an opportunity to challenge the relocation in a court of appropriate jurisdiction. F. Mother's Day with Wife and Father's Day with Husband regardless of the weekend schedule from 9:00 a.m. unti19:00 p.m. G. Husband agrees that he will not request a modification of the custody schedule set forth herein for a period of two (2) years from the date of the execution ofthis Agreement. 10. TAXES. Husband shall retain the right to use for his individual tax return in the year 2003 and subsequent years, any losses generated by the sale of his interest in Bartek Industries. 11. \VAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will 9 or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this i\greement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this i\greement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, banIc accounts, fmal pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this i\greement any beneficiary designations naming the other which are in effect as of the date of execution of this i\greement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. 1\. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to g3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this i\greement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this i\greement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such 10 items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this i\greement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this i\greement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all lights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, cUliesy, widow1s or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to 11 I, participate in a deceased spousets estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this i\greement and such rights as are expressly reserved herein, each pmiy gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, reSCISSIOn, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this i\greement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated III any way. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 12 19. NOTICE. Any notice to be given under this i\greement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient ifmade or addressed to the following: Daniel M. Boannan 1 Longwood Drive Mechanicsburg, P A 17050 and to Wife, if made or addressed to the following: Jeannette A Boannan 39 Goldenrod Drive Carlisle, Pi\ 17013 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20. APPLICABLE LAW. i\ll acts contemplated by this i\greement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this i\greement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this i\greement. 22. EFFECTIVE DATE. This i\greement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This i\greement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This i\greement also shall continue in full force and effect in the event of the pmiies' divorce. There 13 shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this i\greement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this i\greement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this i\greement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attomeis fees, costs, and other expenses actually incurred as a result of such failure. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this 14 Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. r \. ~ - <r-l~~?Jdl,,--! WITNESS / 10~ <~,f[~. .. I)amel Mfoatiinan ----. Iru.ttL ()Jv0tr0\ ~I\~ 15 C' !'o..) 0 ' , c~ 0 (~'::1 -4=' -~. -\1 c_ --I t.-'~, "'--r- ~ [";; -n ~.~ i"..: ,'~ ~ N '~J fO 1 (~! N . , i i i -_rJ ('V ) ,-~l C> 0 r..,.) ~< ('J ~ 5 JEANNETTE A BOi\RMi\N, Plaintiff : IN THE COURT OF COMMON PLEi\S : CUMBERLi\ND COUNTY, PENNSYL V i\NIJ\ v. : NO. 01 - 3838 DANIELM. BOi\RMi\N, Defendant : CIVIL ACTION - Li\ W : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: by i\cceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution ofthe i\ffidavit of Consent and Waiver of Counseling required by Section 3301(c) ofthe Divorce Code: by Plaintiff: December 22,2003; Defendant: December 23,2003. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs i\ffidavit upon the Defendant: 4. Related claims pending: i\ll claims of record have been settled and/or waived pursuant to a Property Settlement i\greement dated December 12, 2003. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 330l(c) of the Divorce Code: by Plaintiff: December 22,2003; by Defendant: December 23,2003. and, date of filing ofthe Waiver of Notice of Intention to Request Entry ofa Divorce Decree: Both the Plaintiffs and Defendant's Waivers are being filed simultaneous with this Praecipe. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: {;-/ g -0+ ,--. {.~:.._~ !--::l = ~~ -' CoO ~~.-:, o -'I'I :::1 1!~1 :;g , 0'\ ~...., '-;..,,1 r'~ (--.J -:-t c:> N GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - 1.0. #25454 Attorneys for Plaintiff 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JEANNffiE A. BOARMAN, Plaintiff v. CIVIL ACTION - LAW DAN I EL M. BOARMAN, Defendant NO. OJ - df.J? IN DIVORCE CI'u~LT~ NOTICE TO DEFEND AND CLAIM 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 by the Court. A judgment may also 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 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER1S 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEANNETTE A. BOARMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 0/,;3 '1 :~7 (!~ 'fJl-v- IN DIVORCE DAN I EL M. BOARMAN, Defendant WAIVER OF COUNSELING JEANNETTE A. BOARMAN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~'" Date: ,,' /),,(1. \ \ny: i '\;~:}I\~I:J; JEANNETTE A. BOARMAN GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - 1.0. #25454 Attorneys for Plaintiff 320E Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JEANNETTE A. BOARMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. OJ, 3f3f CUx1 ~~- IN DIVORCE DANIEL M. BOARMAN, Defendant COMPLAINT IN DIVORCE 1. Plaintiff, JEANNETTE A. BOARMAN, is an adult individual, who currently resides at 5 Cedar Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, DANIEL M. BOARMAN, is an adult individual who currently resides at 300 Georgetown Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint, 4. The parties were married on June 9. 1990, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised ofthe availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. COU NT II 11. The averments of Paragraphs 1 through 10 herein are hereby incorporated by reference thereto. 12. Plaintiff and Defendant have acquired property, during their marriage until the date of their separation, which property is marital. 13. Plaintiff requests this Court to preseNe her right to have all marital property of the parties equitably distributed. COU NT III 14. The averments of paragraphs 1 through 13 herein are hereby incorporated by reference thereto. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself. 17. Plaintiff requests this Court to preseNe her right to seek an award of reasonable temporary alimony and additional sums as may become necessary from time to time hereafter until final hearing and permanent alimony thereafter. COU NT IV 18. The averments of paragraphs 1 through 17 herein are hereby incorporated by reference thereto. 19. Plaintiff has employed the firm of Goldberg, Katzman and Shipman, P.C. as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is in need of hiring a real estate appraiser and other experts and does not have the funds to pay the necessary and reasonable fees. 21, Plaintiff requests the Court to allow her reasonable counsel fees, costs and expenses, costs of experts and appraiser pursuant to Section 3502 of the Divorce Code and Rule of Civil Procedure 1920.31 and to order such additional sums thereafter as may be deemed necessary and appropriate, and at final hearing, to further award such additional counsel fees and costs of experts and appraiser as are deemed necessary and appropriate. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; (b) Order equitable distribution of marital property; (c) Award alimony as the Court deems just and reasonable; (d) Order payment of alimony pendente lite, counsel fees, costs of experts, appraiser and other expenses as the Court deems just and reasonable; and (e) Order such other relief as the Court deems just and reasonable. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. //..1/ ;;';:; II j.~/ /1$ "cd By : (lie /~ 1(;;1 PAUL J,(ES SITO, ESQUIRE Post Office Box 1268 Harrisburg, PA 17018-1268 Supreme Court ID #25454 Attorneys for Plaintiff VERIFICA TION I verify that the statements contained in the foregoing COMPLi\INT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, ~'. \, ;\ r ',i--> i .~ t, \ 1.+ \ \ 1 1\ 1'\ ) ..,A:,f . ,. ,1 I~ ,\ , \ 1 i JEANNETTE A. BOAAMAN Date 0 r-' '~~,- -' - C 4.____ 1] -6g. f c.. -...... N ~ ~ ........... I'., ~ ......( <-- '~^. ) G ~ ~ ~ Cr} ~ f' I'... ~ t ' & D 8 ~ N a 8 IV D :..) ~ I , . , <' :.) -, (v I W -.< Ie'; P.'. ~ ~ ~ 4.J ~ "-oJ f\) ~ r ~ -r )- ~ ~ r':. ~ ~ Hl05.157 REV. 5,97 COMMONWEALTH OF PENNSYlVANIA DEPARTMENT OF t-EAL TH VITAL RECORDS STATE FILE NUMBER Cumberland DIVORCE 00 RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FILE DATE COUNTY 1. NAME HUSBAND 3. RESIDENCE City, Bora. or Twp. State 2. DATE OF BIRTH 4. PLACE OF CO. PA BIRTH 7. USUAL OCCUPATION (Month) (Day) (Year) (Middle) (Last) Street or R.D. County 1967 (State or Foreign Country) 5. NUMBER OF THIS MARRIAGE 6, RACE WHITE KJ 9L. Cumberland Indiana 30 BLACK o Business Owner 55 1184-50-5157 8. MAIDEN NAME (First) WIFE City, Bora. or Twp. County 9. DATE OF BIRTH 11. PLACE 1. OF pennsy van1a BIRTH 14, USUAL OCCUPATION State (Month) (Day) (Year) July 12, 1968 (State or Foreign Country) Pennsylvania (Middle) (Last) 10. REStDENCE Jeanette Street or R.D, Anne MeLou hlin 5 Cedar Road, 12. NUMBER OF THIS MARRIAGE 15. PLACE OF THIS MARRIAGE HA, NUMBER OF CHILDREN THIS MARRIAGE Carlisle, Cumberland Co., 13, RACE WHITE G BLACK o Homemaker 1 HUSBAND o 2 WIFE I2J Pennsylvania 18. PLAINTIFF HUSBAND WIFE o [iJ OTHER (Specify) o 16, DATE OF (Month) (Day) (Year) THIS June 9, 1990 MARRIAGE 19. DECREE GRANTED TO HUSBAND WIFE OTHER (Specify) 0 KJ 0 (County) Cumberland County, HB. NUMBER OF DEPENDENT CHILDREN UNDER 18. 2 (Month) (Day) (Year) 23, DATE REPORT SENT TO VITAL RECORDS (Month) (Day) (Year) 20. NUMBER OF CHILDREN TO CUSTODY OF 22. DATE OF DECREE SPlIT CUSTODY OTHER (Specify) o o 24. SIGNATURE OF TRANSCRIBING CLERK JEi\NNETTE A BOi\RMi\N, Plaintiff : IN THE COURT OF COMMON PLEi\S : CUMBERLi\ND COUNTY, PENNSYL V ANIi\ v. : NO, 01-3838 Di\NIEL M. BOi\RMi\N, Defendant : CIVIL i\CTION - Li\ W : IN DIVORCE AFFIDAVIT OF CONSENT L i\ Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on , 2001-. June 22 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice ofIntention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A g4904, relating to unsworn falsification to authorities. Date: /J- ()8 -02; (';/ ./) ~~> /:#~<----.. ~ I~/~ D . ~ . Boarman, Defendant / L (] --<.~ r-..:> c:::J :f!. <- :G~"~ ~c ,----- _1 o -n _I -:L--r' n'~ _"",,n -~!~ -~ .....(, __.~_ -i""\ !~-~ (=) 'c')rn "..\ ".-;.- -;:...-0; -~ ~.j \'.,:'1 .. (.;'"1 c...) - JEANNETTE A. BOARMAN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3838 DANIEL M. BOARMAN Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsification to authorities. DATED: ~~ RSF/mf.domk\boarman.aoc C) ~~ r--.) C";> c,:;) o -Ct (.,- ~;:::: ......".... ... ~~..) (~~ c..) - JEANETTE A. BOARMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3838 DANIEL M. BOARMAN, Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. IL ~ O-:z... \ Vl\.()J'L Plaintiff Date: mf.domk\boarm.woi !--" =' (::;~) ~--- o -n ~...-4 rti?1 _..-.j/1 -:';0 3~ c_ :\:;1>> I _.1 "'-j 'i"".'" <.,/"\ <;..; JEi\NNETTE A BOi\RMJ\N, Plaintiff : IN THE COURT OF COMMON PLEi\S : CUMBERLi\ND COUNTY, PENNSYL V i\NIi\ v. : NO. 01 - 3838 Di\NIEL M. BOARMi\N, Defendant : CIVIL i\CTION - Li\ W : IN DIVORCE ACCEPTANCE OF SERVICE I, Daniel M. Boarman, Defendant in the above-captioned action, accept service of the Complaint in Divorce. Date: June 28, 2001 ~~-- Damel M. Boarman, Defendant .. JEi\NNETTE A. BOARM1\N, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLi\ND COUNTY, PENNSYL V ANIi\ v. : NO. 01 - 3838 D1\NIEL M. BOARM1\N, Defendant : CML ACTION - Li\ W : IN DNORCE ACCEPTANCE OF SERVICE I, Daniel M. Boarman, Defendant in the above-captioned action, accept service of the Complaint in Divorce. Date: June 28,2001 ~~ Daniel M. Boarman, Defendant - ~ jAMFs SMTIH DlErrERICK & CONNELLY LLP July 1,2004 i\ttention: Sandy The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, P i\ 17013-3387 Re: Jeannette A Boarman v. Daniel M. Boarman No. 01 3838 Dear Sandy: Heather S. Derr Legal Assistant Email: hsd(iiJ.isdc.com FAX 717.533.7771 Pursuant to our telephone conversation, enclosed please find an original and one copy of the signed i\cceptance of Service in the above-referenced matter. Thank you for your attention to this matter. Sincerely, G-J'W~A4L Heather S. Derr :hsd Enclosure I \ \\ () I I I ( I <.; J-5.).( GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE BRYAN S. WALK MATTHEW CHABAL, III GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W Y AHN COURTNEY L. KISHEL KIMBERLY A. DEWITT OF COUNSEL: MANLEY DEAS & KOCHALSKI, LLC COLUMBUS, OH JEi\NNETTE A BOi\RMJ\N, PLi\INTIFF : IN THE COURT OF COMMON PLEi\S : CUMBERLi\ND COUNTY, PENNSYL V i\NIi\ v. : NO. 01 - 3838 CIVIL TERM ) Di\NIEL M. BOARMAN, DEFENDi\NT : CIVIL i\CTION - Li\ W : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTAAY: Please enter the appearance of John J. Connelly, Jr., Esquire on behalf of the Defendant, Daniel M, Boarman, in the above-captioned action. Date: ()g- ~8'-tJl o - t- ~ v..> o - .. ~ -e ) ;-~ l), John J. Connelly, Jr., Esquire Attorney J.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3838 : CIVIL ACTION - LAW : IN DIVORCE : DOCKET NO. 00529 S 2001 : PACSES CASE NUMBER 731103605 JEANNETTE A. BOARMAN, PlaintifffPetitioner DANIEL M. BOARMAN, Defendant/Respondent PETITION TO TERMINATE ALIMONY AND NOW COMES the Petitioner, Daniel M. Boarman, by and through his attorneys, James, Smith, Dietterick & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following Petition to Terminate Alimony and in support thereof, respectfully represents as follows: I. The Petitioner is Daniel M. Boarman, Defendant in the above-captioned action, who currently resides at 1302 King Arthur Drive, Mechanicsburg, Pennsylvania 17050. 2. The Respondent is Jeannette A. Boarman, Plaintiffin the above-captioned action, who currently resides at 39 Goldeurod Drive, Carlisle, Pennsylvania 17013. 3. On July 2,2004, the Court entered a Decree in Divorce in the above-captioned action. Said Decree incorporated the terms of a Marital Settlement Agreement entered into by the parties on December 12, 2003. The Divorce Decree and Marital Settlement Agreement are attached hereto and marked Exhibit "A". 4. Paragraph 6(a) of the Marital Settlement Agreement provides for Husband to pay to Wife in the form of alimony the sum of Eight Hundred Dollars ($800.00) per month commencing on April 1,2003 for a period of sixty (60) months. The Agreement specifically provided under paragraph 6(a)(5) that the alimony payments would terminate upon Wife's cohabitation. 5. Your Petitioner believes and therefore avers that Respondent has been cohabitating with an individual named Wesley Beard since approximately the fall of200S. 6. Based on information received from several sources that Mr. Beard had been residing there for several months, your Petitioner hired a private investigator and beginning in January 2006 the result of the investigator's surveillance confirmed that Wesley Beard resided at 39 Goldenrod Drive, Carlisle, Pennsylvania 17013. 7. Because of the confirmation of the cohabitation your Petitioner is requesting that the alimony received by Respondent should terminate immediately and should be retroactive to January 6, 2006, the date Petitioner confirmed through independent sources that Respondent was cohabitating with Wesley Beard. 8. Since Respondent was aware that cohabitation terminated her alimony payments, she had an affirmative duty to disclose the change of circumstances to Petitioner and her failure to do so caused him to pay an amO\ll1t of money to her which was not due and owing and therefore must be reimbursed. 9. In the event testimony at the time of hearing establishes an earlier date of cohabitation, the Petitioner reserves the right to request that the Court make the reimbursement to him retroactive to the date established by the evidence. WHEREFORE, the Petitioner, Daniel M. Boarman, respectfully requests that your Honorable Court terminate the alimony payment pursuant to the terms of the Agreement as referenced herein. Respectfully submitted, JAMES, SMITH, DlETTERICK & CONNELLY, LLP Dated: ~ By: !ohhJ. O(nne N.totney I]}. \. P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner VERIFICATION I, Daniel M. Boarman, verifY that the statements made in this Pleading are true and correct. I \ll1derstand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. Section 4904 relating to \ll1Sworn falsification to authorities. Date: '3 pl.J [I ~. Daniel M. Boarman, Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3838 : CIVIL ACTION - LAW : IN DIVORCE : DOCKET NO. 00529 S 2001 : PACSES CASE NUMBER 73l 103605 JEANNETTE A. BOARMAN, PlaintifffPetitioner DANIEL M. BOARMAN, Defendant/Respondent CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Petitioner, Daniel M. Boarman, hereby certifY that I have served a copy of the foregoing Petition to Terminate Alimony on the following on the date and in the manner indicated below: VIA CERTIFIED MAIL, RESTRICTED DELIVERY FIRST CLASS, PRE-PAID Jeannette A. Boarman 39 Goldenrod Drive Carlisle, PA 17013 Respectfully submitted, JAMES, SMITH, D1ETTERJCK & CONNELLY Date: '3 \.?> \ , 01.. By: JO. LCo eUy, Jr., ES{luire ~tt for etitioner ~ Post 0 ox 650 '- Hershey, PA l7033 (7l7) 533-3280 PA I.D. No. lS61S , :,_. < ' ..---- v. IRECEIVED: } I APR 0 fi 2~06 [I : IN THE COURT OF COMMONiF.l;Ed" _ .... .,.<i : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3838 : CIVIL ACTION - LAW : IN DIVORCE : DOCKET NO. 00529 S 2001 : P ACSES CASE NUMBER 731103605 . . JEANNETTE A. BOARMAN, Plaintiff/Petitioner DANIEL M. BOARMAN, Defendant/Respondent ORDER OF COURT AND NOW, this /4t1ay of r'I~A:,'L , 2006, after review of the foregoing Petition to Terminate Alimony, a hearing is scheduled for the / 3 ~ay of /YV1 '/ 2006, at /: () tJ ~ in Courtroom No..3 , Cumberland CO\ll1ty Courthouse, One Courthouse Square, Carlisle, Pennsylvania. ------------.... J. o~ \\O~ r I " , , c. JEANNETTE A. BOARMAN V. DANIEL M. BOARMAN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3838 CIVIL TERM ORDER OF COURT AND NOW, this 9TH day ofMA Y, 2006, the hearing in the above captioned matter scheduled for May 18, 2006, at 1 :00 p.m. is continued until FRIDAY . MAY 26. 2006. at 8:30 a.m. in Courtroom # 3. ~annette A. Boarman 39 Goldenrod Drive Carlisle, Pa. 170 13 ~ ~ J. Connelly, Jr., Esquire P.O. Box 650 Hershey, Pa. 17033-0650 :sld - Edward E. Guido, J. \;IfN~'/nNJNi\j3d 'II ~d('JI"".. "'J (~P'F7,l. J. =. '"'.-",Mn'" .\.i.h, ,J ' " ", '_"." V "..I *11 :[; Ud 0 I ). VU 900Z AW10NOH10b'd 3Hl :/0 301.:1::10-0311:1 1- . -~..-" _ ~:~7::~~) " .'...' ,. .V"7"...' r "-..'\ \ .' ..j..........l 1['\..['....'-...---).<'" " MAY 1 0 2006 ..._,t. \ 0.. HARRY P. CASON! Plaintiff IN TIlE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 02-930 CIVIL TERM MARGARET A CASONI Defendant IN DIVORCE ORDER AND NOW, this 1/" day of hi., . 2006, the attached Stipulation and Agreement .tea of the parties in this case is incorporated, but not merged into this Order of Court. · Ad.. J. ,0" (\ ~'\ '() I ...... V1NVAlASNN3d ,UNnO~ Ol.j\:ni88iNnO ~~ BZ ;& Wd ,,~VW 900Z AtiV10NOi-ti.08d 3tU. :10 381:BtKl311:J JEANNETTE A. BOARMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO.: 00529 S 2001 PACSES CASE NO.: 731103605 DANIEL M. BOARMAN, Defendant DOCKET NO.: 01-3838 CIVIL ACTION - LAW IN DIVORCE ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Plaintiff, ] eannette A. Boannan, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP 4w. Kara W. Haggerty Attorney J.D. 86914 36 South Hanover Street Carlisle, P A 17013 Attornry for P laintijf Dated: May 11, 2006 I'.:l = = c::r" ::E: :J:;:- -< ~ ~ m:D :0 hi _DO (-) i ~O ~I=H ~o Om ~ -< 0"'1 ::t:oo :::ll: a .. c.n .r;:- JEANNETTE A. BOARMAN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DANIEL M. BOARMAN, Defendant/Petitioner NO. 2001-3838 CIVIL TERM CIVIL ACTION - LAW IN RE: BRIEFS DUE ORDER OF COURT AND NOW, this 26th day of May, 2006, after hearing, the parties are directed to file briefs in support of their respective positions by close of business on Monday, June 26, 2006. ...J6h~ J. For the ~W. For the Connelly, Jr., Esquire Petitioner Haggerty, Esquire' Respondent \; DI.{J 6'tJ o srs I 8 : I 't~tI 92 A V~d 9DOl AtJ\ilC' .r,,; ., /'" i I -'Hl :10 1 ""I...,e., I .'L.... ... ~. 'l ,~"- \..1 \._,~..., ..J _ 381:HO-0311:l JEANNETTE A. BOARMAN, Plaintiff IN THE COURT 0 COMMON PLEAS CUMBERLAND C UNTY, PA v, NO. 2001-3838 CIV TERM DANIEL M. BOARMAN, Defendant CIVIL ACTION - L IN CUSTODY MOTION FOR CONTINUANCE OF CUSTODY CO CILIATlON AND NOW, this 5,], day of June, 2006, comes the Plaintiff, J annette Boarrnan, by and through her attorney, Kara W, Haggerty, Esquire of ABOM & UTULAKIS, L.L.P., who files this Motion to Continue Custody Conciliation and, in sup ort thereof, avers as follows: 1. There is a Pre-hearing Custody Conference schedu ed in the above referenced matter for June 8, 2006 at 8:30 a.m, 2. Plaintiff is a Registered Nurse (RN) employed at T e Opthalmology & Surgical Institute of Central P A (OS~ assisting in out-patient surgeri s, 3. Plaintiff is unable to attend the conciliation confer nce on June 8, 2006 at 8:30 a.m. as it is a surgery day at OSI and she is unable to miss work n this day. (See attached letter from employer, marked as Exhibit A). 4. Plaintiff is available for any court related appearan es on any other week day other than Thursdays as this is a surgery day at OS1. 5. Conciliator Melissa P, Greevy, Esquire is unable t reschedule the conciliation conference in the near future. Her next available date w uld be sometime in August. 6. It is believed and therefore averred that another c ciliator would be available to hear this matter at an earlier date. 7. Further, a hearing was held on May 26, 2006, on t e issue of mother's alleged cohabitation, which is also the basis for the Modification of ustody. 8, A ruling on the aforementioned matter has not be n entered at this time. 9. Opposing counsel, John J. Connelly, Jr., Esquire, s opposed to a continuance based upon the next available date of the Conciliator as videnced by his letter to Attorney Greevy. (See attached letter from Attorney Connelly, mar ed as Exhibit B). 10. This is the first request for continuance. WHEREFORE, undersigned counsel respectfully requests th This Honorable Court continue the conciliation conference and! or reassign the case to anot er Conciliator who could accommodate an earlier conference date. Respectfully submitted, ABOM & KUTULAKI , L.L.P. ka,'UtLAJ . H' - / . Date: June 5, 2006 Kara W. Haggerty, E Attorney LD. No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 (717) 249-3344 Fax Attorney for Plaintiff atr I - . <l)lil The Ophthalmology & Surgical Institute of Central PA (OSI) 5 TYLER CT. CARLISLE, PA 17073 June 05, 2006 To Whom It May Concern; . PHONE: (7J 7) 249-0745 FAX: (7J 7) 249-0943 Jeannette Boarman is an RN in our PrelPost-Op area at Ophthalmology Surgical Institute of Central P A, and on June 08, 2006 we have eighteen patients scheduled f surgery. Her position is one that requires the skill to assess the patients and have them prepar for surgery in a timely manner and to be able to discharge a patient and assess them for any po ible side effects from their surgery so that they may return to their home to recover. Her job r uires a nurse with experience and confidence which is an asset that is not readily available in all nurses. Our facility has a small staff of professional nurses and at this present time e have no one that could be able to relieve Jeannette Boarman at this short notice. In order for an to be off on a surgery day, an adequate amount of time is required to find a nurse with approp 'ate skills to provide safe patient care. It is detrimental to patient care and her job that Jeann tte be available to work on Thursday, June 08, 2006, Respectfully, ~rw-4n-j.~, tv Carolyn Hoover, RN Clinical Director ~0 3:J\1d . . ,._-"-~.".._,._."' aw N3>10l5 M3~a SIP 6PGL 1L 9E:II 900~/S0/90 ~UN-05-2006 10:56 . JAMi;sSMmt~&CoNNaLYLLP . John I. COIIIlelly, Ir. iicrrl1i~.com FAX 717.533,777) June 5, 2006 VIA FACSIMILE 761.3015 AND U.S. MAIL Melissa P, Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PAl 7043-01 09 Re: Boannan Vo Boannan Dear Ms. Greevy: Please be advised that we adamantly oppose the request for ontinuance. On April 28, 2006, Jearmette Boarman was forwarded by regular and ertified mail the Petition to ModifY the Existing Custody Order which included the Ord r for the hearing on J\ll1e 8, 2006 at 8:30 a.m. Since we would have to wait until August to have another conti ence, we take the position that you should deny this request for continuance. If you have any questions, please advise. In any event, I w u1d appreciate a response from you as to the request as soon as possible. Very truly yours, JJCfmbl cc: Kara Haggerty, Esquire (VIA FAX 249.3344 Daniel M. Boannan P,01/01 JS'}( P.O. BOX 650 HERSHEY, PA 17033 t:Oo.lrIerACI<1rc&(i 134 SIrE AVENUE. IllJMMCLSTO'NN, fA 17030 TEL. 117.533.3280 Wv\^AI.J!>DC.COM GARY L. JMt,. IVlAX,J. SMITH, JR. JQHN J. CONNElLY, JR. SOOn A. OjETTERICK JAMES F. SPAD! MATl'llfW CHA9AL, III G"l!:GOAY K. RIOHARDS SUsAN M, KAc<, JAFlAO W. HANcaMAN DoNNA M. MULLIN ECWARD P. SEeBER NE:IL.W. YAt'lN COuRTNEY L. KISHEL KIMBERLY A. DEWITT JeMlrt M. McCORMICK OF COuNSEL: BEPlNARD A, RYAN, JR. TOTRL P.01 JEANNETTE A, BOARMAN, Plaintiff IN THE COURT 0 COMMON PLEAS CUMBERLAND C UNTY, PA v. NO. 2001-3838 CIVI TERM DANIEL M. BOARMAN, Defendant CIVIL ACTION - L W IN CUSTODY CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that on this 5th ay of June, 2006, a true and correct copy of the foregoing Motion to Continue Conciliation onference was served upon the party named below by first class mail to: JohnJ, Connelly, Jr., Esquire PO Box 650 Hershey, P A 17033 Li), (ia J~ Kara W, Haggerty, Esqui (") s:-- ""t}f:"' \J~; \ ~ c::") cr ~. s~ ~:.- .' ':1).' ~ r":: \ ~:-' ;".". '"'~- (' Y'~_:, /- --\ ,,,,,- \ 0'" q, ~~ -cO}.. ~;)~} ','~) ?') ';~~:f; 1:;',rr\ '~ ~ ::<<. -0 5' -- r..:> "'" JEANNETTE A. BOARMAN, Plaintiff ~. /'-':'''"''~~_\1.-~~:~~51 1'" J~; 0,6 1006 J IN THE COURT OF COM 3~'P[E~~--O~- CUMBERLAND COUNTY, P A v. NO. 2001-3838 CIVIL TERM DANIEL M, BOARMAN, Defendant CIVIL ACTION . LAW IN CUSTODY appear on the ORDER OF COURT day of , 2006, upon consideration of the attached ~ y directed that the parties and their respective counsel ,2006, at _ o'clock _.m. for a Pre-Hearing rO. .....<) Motion for Continuance, it is he day of Custody Conference. In the alternative, the Court hereby appoin conciliator, in the above referenced matter and schedules re-Hearing Custody Conference for the _ day of , 2006 at .m. BY THE COURT, Edward E. Guido, J. cc: Kara W. Haggerty, Esquire For the Plaintiff John J, Connelly, Esquire, For the Defendant "r~ (..7-0l- q.., ~i !Vt/U~ jd,JJEd f:;}L VUWz. 2' Md~ (E:!.2 :3cJ / DOAILrlV1f) - v: flJ-'3hz<7 . , JEANNETTE A. BOARMAN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-3838 CIVIL TERM DANIEL M. BOARMAN, Defendant/Petitioner CIVIL ACTION - LAW TRANSCRIPT OF PROCEEDINGS IN RE: PETITION TO TERMINATE ALIMONY Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, May 26, 2006, in Courtroom No. 3 APPEARANCES: JOHN J. CONNELLY, JR., Esquire For the Petitioner KARA W. HAGGERTY, Esquire For the Respondent ORIGINAL 1 ^ ~ '. . . INDEX TO WITNESSES FOR THE PETITIONER DIRECT CROSS REDIRECT RECROSS Wesley Beard, 5 23 28, 32 as on cross Thomas E. Taylor 36 38 Linda Morton 41 55 64 65 Daniel Boarman 65 71 FOR THE RESPONDENT Jeannette Boarman 73 82 2 . . INDEX TO EXHIBITS FOR THE PETITIONER 1 - Divorce decree and marital settlement agreement FOR THE RESPONDENT 1 - PP&L bill of Jeannette Boarman 2 - UGI bill of Jeannette Boarman 3 - Horne loan statement of Jeannette Boarman 4 - Mortgage account statements of Wesley Beard 5 - PP&L bill of Wesley Beard 6 - Capitol City Oil bill of Wesley Beard 7 - Sewer/refuse bills for 1532 Sheepford Road 3 IDENTIFIED 5 80 80 80 26 26 26 26 ADMITTED 5 88 88 88 88 88 88 88 r- r-.. . . 1 THE COURT: Good morning. This is here on 2 Mr. Boarman's petition to terminate alimony. 3 MR. CONNELLY: Correct. 4 THE COURT: You may proceed, Mr. Connelly. 5 MR. CONNELLY: Your Honor, I think we agree 6 that the issue simply is the cohabitation provisions of the 7 contract. Counsel and I have both -- I think we stipulated 8 that the issue is whether the Court believes cohabitation is 9 occurring since it is a terminating factor in the agreement. 10 The agreement was pled as part of the petition, so it is in 11 the record. 12 THE COURT: Do you agree with the framing of 13 the issues, Ms. Haggerty? 14 MS. HAGGERTY: That's correct, Your Honor. 15 THE COURT: Okay. Call your first witness. 16 MR. CONNELLY: Thank you. I'll call Wesley 17 Beard as on cross. 18 THE COURT: Actually, Mr. Connelly, I'm 19 looking at your petition to terminate alimony, and there is 20 no agreement attached as Exhibit A. 21 MR. CONNELLY: There is an agreement attached 22 to the original, Your Honor. Do you have the original in 23 the file? 24 THE COURT: I have what's in the file. There 25 is a marriage settlement agreement attached to the divorce 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 . . complaint, which is part of the record. MR. CONNELLY: I can introduce it, Your Honor. I have copies here. It might be easier. THE COURT: Why don't we do it that way. MR. CONNELLY: We'll mark it as P-1. THE COURT: Do you agree to its admission? MS. HAGGERTY: Yes. THE COURT: It is admitted. WESLEY BEARD, called as on cross-examination, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record, please. A Wesley Beard. Q Where are you employed, Mr. Beard? A Cumberland Valley School District. Q What do you do there? A I am a teacher. Q What grade, and what do you teach? A Seventh grade, physical science, Q How long have you known Jeannette Boarman? A I've known Jeannette Boarman since approximately two falls ago. Q Month and year, approximately? 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A September '04, I believe. Q Did you begin dating at that time? A Around that time. Q Can you tell the Court when you first stayed overnight at Ms. Boarman's residence? A I honestly don't even remember when the first time would have been. It was definitely a while past that time. Q Sometime in 2005? A Yeah, it probably would have been 2005. Q Early? Middle? Any idea? A I don't remember the first time. Q In the summer of 2005, you went on a vacation with Ms. Boarman and her children? A Yes, I did. Q Where did you go? A We went to Myrtle Beach. Q What month? A What month? It was July. Q How long were you there? A It was approximately five days. I'm not exactly sure how many. Q You and Ms. Boarman slept in the same room on that vacation? A Yes, we did. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And the children in another room? A No. The children were in the same room. Q Do you own a dog? A I'm sorry? Q Do you own a dog? A Yes, I do have a dog. Q What is your dog's name? A My dog's name is Aidan. Q When did you begin bringing Aidan to the residence, to Jeannette Boarman's residence? A Probably he would have first come over around 2005. Q By September 2005, he was there all the time, wasn't he? A My dog did begin staying with her. He did enjoy being with her dog, and I am very busy. Q I'm sorry. Say that again. You're very busy? A Yes. Q So when would you say your dog began residing full time at their residence? A Probably -- I would assume fall of this last year. Q Around September, when school started? A I don't know an exact time, but somewhere 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . around there. Q It's correct, isn't it, that you began sleeping there every night around the same time? A No, it's not correct. Q How often would you sleep there in a given week? A I stay there a couple times. I also stay at my residence. Q Let's go back. When did you begin staying there, in quotes, a couple of times? A I don't know exactly when I started. Q What does a couple of times mean, a couple of times a week, two out of three days? What does a couple of times mean? A A couple of times a week. Q When did you begin staying there more than a couple of times a week? A I would say it's still a couple of times a week. Q Mr. Beard, I want to caution you that you're under oath. A Yes. Q You could be subject to criminal charges for lying under oath. Do you understand that? A Correct. 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 . . Q And your testimony is a couple of times a week, and it's still a couple of times a week? A Yes. There have been times I've stayed more, but it is typically a couple of times a week. Q Typically. So if there were periods of time that a private investigator was watching that house and you were there every night overnight during those periods, would that be unusual? A I would say there have been a few times, but it is not typical. Q Do you and Jeannette and the Boarman children travel to visit your parents overnight in Lancaster? A Yes, we have. Q Do you and Jeannette and the Boarman children travel to visit your brother in Maryland overnight? A Yes, we have. Q Do you attend all of the athletic events for the children with Jeannette? A I would say I do as many as I can. Q Would you say that's most of them? A Most being more than 50 percent, I honestly don't know. I don't believe I make it to more than half of them, but I try whenever I'm available. I do enjoy seeing them. Q Is it fair to say that every time you're 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . there Mr. Boarman is there? A I would say not every time. Q So if he were to testify that he goes to most, if not all, of his kids' activities and every time he goes you're there, that wouldn't been accurate? A I know it's a fact that I have not been there every time he's there. Q You had a roommate at your -- THE COURT: I'm not sure he understood the question. I think the question was, has he been there every time you've been there? THE WITNESS: Not that I recollect, no. BY MR. CONNELLY: Q You had a roommate at your, in quotes, residence, before you stayed at the Boarmans'? A I'm not sure I understand. I have Q Is there a person living in your home? A There is a good friend from college who has been staying very recently for a short period of time. Q Is he there now? A No, he is not. He is Q When was he there? A He has been there within the last month and will be staying with me sometime into June. He purchased a home in York County, got a new job in this area, and called 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . and asked if he would be able to stay for a while, and I said that would be fine. Q So he was at your house for about a month? A He has been there, yeah, probably about a month or so. Q And in that period of time -- he owns a dog, as well, right? A No. Q Oh, he doesn't? A No, he does not. Q Okay. Have you taken things to school for the children, Boarman children, or met them to give them things or them to give you things to bring home to the Boarman household, either of the kids, homework, something they forgot, something someone wanted to have them give to you, things like that? A I may have. I'm not sure. I can't think of anything right now, but it's possible. Q After school, when you complete school, do you go to the Boarman household? A I do stop by there a lot, yes. Q What does a lot mean, every day? A Not every day, but I do stop by probably most days. Q Isn't that the reason why Mrs. Boarman 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 . . discontinued her full-time sitter, because you were available after school? A No, that is not the reason. Q No? A No. Q What was the reason? A The reason why she does not have her full-time sitter? Q Yes. A As far as I understand it, the sitter was no longer available. Q So who cares for the kids after school? A On some days, I do. Q Be more specific. Some days, as in Monday through Friday, how many days do you take responsibility after school for the children if Jeannette is at work? A Well, if you want to be that specific, I have been -- I coach rugby at Cumberland Valley, so there are -- Mondays and Wednesdays there's no way I could be there right after school, because I was coaching until approximately 6:00 p.m. Whatever days I am available, I will gladly go over and make sure her children get home safely until she can get home from work. Q Do you have dinner there in the evenings? A Lots of times I do, yes. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q A Q night? A Q A Q A there, but I Do you go there after rugby, for example? Some evenings. You're saying you don't stay there every No, I do not. But your dog does? Yes, for the most part, my dog stays there. So your dog lives there? I wouldn't object to that. He is not always would say he's there almost all the time. Q Do you recall taking the Boarmans' oldest child, Jordan, and going to your house to feed the fish in your pond? A Yes, I do. Q How often do you feed those fish? A The fish are no longer alive, They didn't make it through the winter. Q Well, before they died, how often would you go over and feed the fish? A I would say the fish were fed -- I never fed them every day, but they got fed a couple of times a week. Q Well, if you were living there, why would you take Jordan over with you to feed them? Why didn't you just feed them while you were there? A I do, but Jordan likes to feed the fish. She 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . would ask if I would wait to have her feed them. Q Did you assist one of the children with a brochure for her social studies class? A Yes. Q Took her into school during off hours to help her with that project? A Yes, I have. Q School was closed at the time? A Yes. Q When was it, a weekend or a holiday? A I don't remember what day it was, but, yes, I did take them in. Q Now, your relationship with Jeannette Boarman is an exclusive one, correct; the two of you don't see anyone else? A No. THE COURT: No, you don't see anyone else; or yes, it's an exclusive relationship? THE WITNESS: I don't date anyone else. She is my girlfriend. BY MR. CONNELLY: Q Exclusive relationship? A Yes. Q Is it a sexual relationship? A Yes. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Have you discussed getting married? A I have not directly discussed it. I'm not saying it's nothing that I would be thinking of. Q Has she directly discussed it? A No. I don't believe either of us have directly discussed it. Q In the mornings, what time do you generally leave for school? A Anywhere from about a quarter till 7 to 7. Q How far is your school from the Boarman residence? A From the Boarman residence, maybe 10, 12 minutes. Q And from the other place where you say you stay some of the time? A From my residence, I would say probably 15 minutes plus. Q Are there occasions when you drop either of the Boarman children off when you leave the Boarman household in the morning? A Drop them off Q Wherever, bus stop, school. A Yes, I have. Q How often? A Whenever it's needed, if I'm asked and I'm 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . available. I don't know how often, honestly. Q Did you stay at the Boarman residence last night? A No, I did not. Q From January on, how many nights a week would you say you were staying at that residence? A It really varies, depending upon if Jeannette would have a need for me to help her out with the children, depending on what is going on at any given time. Q Did Jeannette ever indicate she would ask the children's father to help them out? A I don't remember discussing it with her. Q What's the longest continuous period of time you stayed there? A I would say probably around a week. Q And how often would that occur? A That would have been roughly around the time that she was losing her job, her previous occupation, and when she gained her new employment. Q When was that? A Probably later December and January. Q So, late December. For example, over the holidays, were you there basically most of the time during the school break? A I went away with my family and I did my own 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . things, but I was with them a considerable amount. Q If you weren't doing something with your own family members, were you with Jeannette and her children? A Not all the time, no. Q What percentage? A It's rough to put a percent. I mean, I see my other friends. I'm very active with my rugby team. I coach and play. I see other friends. I'm with her a good amount. Q Other than playing rugby, in social situations, you spend all of your time with Jeannette, correct? A No, not all of my time. Q What else do you do? A I see other friends. Q When? A When? Q Yeah. A Whenever I want to. Q Do you spend time at Jeannette's on weekends? A Yes. Q And during the week? A Sure. Q Are you there all the time when the children are with Mr. Boarman? 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No, I'm not. Q Would you say you talk to Jeannette every day? A Yes. I mean there's some occasions when I may not be able to, but yes. Q Do you see her almost every day even if you don't stay there? A I would say most days. Q What about financial contributions, what do you do to assist her financially when you're there? A I do not assist her financially. Q At all? You don't pay for anything? A I have my own bills. She has her I pay own bills. There is no intermingling. Q What about food? You have dinner there. You eat there. You have to eat breakfast there. A Okay. Q What do you contribute to that? A Well, I buy some of my groceries. I would say on rare occasion I've probably purchased some groceries with her, but I do not go shopping for her. Q What about vacations, when you go away, who pays for vacation? A Well, I went on one vacation, which you've already brought up, and I paid for my portion of the trip, 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . and she paid for her portion of the trip. Q Does her portion include the children? A Yes. Q Do you buy things for the kids? A I can buy gifts for the children. I care for the children. Q Gifts in what context, gifts as in birthdays? A Birthday gifts, yes. Q Did you ever buy anything for them when it wasn't their birthday or Christmas or a holiday? A If you're asking like a pack of gum if they want a pack of gum, yes; but, no, I don't typically just go buy things for the children. I don't go clothes shopping for them, if that's what you're asking. Q Do you ever buy them anything other than gum or 10 or 20 or 30 cent items? A Other than gifts, I really can't think of anything. Q How often do you, Jeannette and the children visit your parents? A Well, we all go see my parents on occasions. I also go visit my parents without them. Q My question was how often do you, Jeannette and the children go to visit? A Are you talking all year-round or -- 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Yes. A From February of this year until about this last week, I saw them very minimally. If you're talking other times of the year, like in the fall or the summer, I can see them a little bit more, when my schedule is a little bit more open. Q So last summer, after you returned from vacation until now, how many times have Jeannette and her children accompanied you to stay with your parents? A We've it's hard to put a number on it. I know we have been there numerous times. I try to go as often as possible. Probably pretty much every month. At times I go more. I know in the winter I was going probably every other weekend. Q And they would go with you when you went? A Sometimes yes, sometimes no. Q And you would stay for the weekend? A We would stay sometimes for an evening, sometimes two evenings. Q What about going to visit your brother, visiting him in Maryland? Where does he live? A My brother lives in Frederick, Maryland. Q How often would you say you visited him since you returned from Myrtle Beach in the summer of 2005? A During the summer, I believe I went numerous 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . times. I went a lot to my brother's. Q Do they go with you? A Sometimes yes, sometimes no. Q How long would you stay when you went? A Sometimes I would go just for a day and come back, sometimes I'd stay a night, sometimes a weekend. Q Whenever you stayed overnight, they stayed overnight, correct? A Well, if they -- Q If they were with you, they didn't come back? A Yes, they have spent the night there. Usually I would go down more and spend the night, but, yes, they did go along. Q Do you recall being served with the subpoena to appear here today? A Yes. Q That was on May 15th? A I'm not sure of the date, but, yes, I do remember. Q If the affidavit of service from the constable says it was May 15th, that would be the day? A Sure. Q And you were coming out of the Boarman household with one of the kids? A Yes, I was coming out of Jeannette's house. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And what time was that? A Probably around 7:00 a.m. Q So that just happened to be one of the nights you were staying there? A Yes. I do remember it was a morning. I was taking Lindsey to her care provider before she would go to school. Q Where is the care provider located? A At the time it was next door, her neighbor. Q Had Jeannette already left for work? A Yes. Q What time does she leave for work in the morning? A That depends on what day of the week. She has a very mixed schedule. Q You have some idea, don't you? Tell me what her schedule is. A Some days she can leave before 6:00 in the morning. Some days she can leave after 7:00. Q On the days she leaves before 6:00, I presume you're there, right? A I try to be on those days. Q Because she's not going to leave the children alone for an hour at that time of the day, is she? A No. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How many days a week does she leave at 6:00? A I would guess probably around -- if I had to guess, probably two. Q Other days, what time does she leave? A I think I just addressed that. Q Address it again. A I said she could leave earlier than 6:00, 6:00, 6:30, 7:00, 7:30. I'm really not sure, MR. CONNELLY: I don't have any other questions for this witness. THE COURT: Ms. Haggerty. CROSS-EXAMINATION BY MS. HAGGERTY: Q Wes, what is your address? A My address is 1532 Sheepford Road in Mechanicsburg. Q Is that a home, a house? A Yes, it is. Q Do you own it or rent it? A I own the house. Q How long have you owned it? A I purchased my house in December of -- I'm working on about two and a half years, so roughly two and a half years early December. Q You currently have a mortgage on that house? 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes, I do. Q The individual that you indicated is staying with you right now, is he renting from you? A No, he is not. Q Has he given you any money? A No, he has not. He is staying just as a courtesy. He purchased a home and cannot move in at this point. Q You and Jeannette are dating, is that right? A Yes, we are. Q And you stay overnight probably a couple of nights a week? A Yes, I do. Q You were questioned a little bit about Jeannette's work schedule. A Yes. Q She typically works early one or two days a week? MR. CONNELLY: Objection, leading. THE COURT: Sustained. BY MS. HAGGERTY: Q How many days a week does she work early? A I would say probably around two. Q When that happens, does she ask you to stay to be there with the children in the morning? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes, she has. Q When you stay overnight at Jeannette's home, when the children are home, on these types of occasions, where do you sleep? A I sleep in the spare bedroom. Q Have you ever slept in the same bedroom with Jeannette? A I have, but never when the children are at the home. Q You were asked if you contribute financially to the Boarman household. Have you ever taken Jeannette and the kids out to dinner? A I would say yes, I have. Q Do you provide Jeannette with a regular amount of money every week, month? A No, never. Q Do you pay the electric bill at Jeannette's house? A No. I pay my own electric bill. Q At your house you have electric service? A Yes, I do. Q What type of heat do you have? A I have oil heat. Q Where are you registered to vote? A I am registered to vote in Lower Allen 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Township, Cumberland County. Q Where do you pay taxes? A I pay taxes in Lower Allen Township. THE COURT: And that's where Sheepford Road is located, is that correct? THE WITNESS: Yes, it is, sir. MS. HAGGERTY: May I approach the witness, Your Honor? THE COURT: You may, BY MS. HAGGERTY: Q I'm showing you what has been pre-marked as Respondent's Exhibits 4, 5, 6 and 7. Could you identify those documents? A Yes. Exhibit 4 would be my mortgages for my house at Sheepford Road. Q How many mortgages do you have? A I have two mortgages. Q Go ahead. A I have my electric bill, PP&L; I have a receipt from Capitol City Oil for heat at my house; and it looks like I have my sewer/trash bills for my house. Q On all of those utility bills and mortgage bills, what is your address listed as? A 1532 Sheepford Road. Q Do you have a bank account? 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 . . A Yes, I do. Q Whose name is on that bank account? A Wesley Beard. Q Do you have a bank account with Jeannette? A No, I do not. Q You were asked previously about your -- I guess the future of your relationship with Jeannette. How would you describe for the Court what you anticipate the future of your relationship being? A I see myself as having a very good relationship, very stable relationship with Jeannette. In the future, I could see us progressing forward with our relationship to the point where it possibly could end in a marriage relationship. Q You are not engaged right now? A I am not engaged. Q Why does your dog stay at Jeannette's house? A I would say my dog stays at Jeannette's house for a few reasons. One, I had already said, I'm very busy. I'm very active with my rugby. I feel bad when my dog is at my house. There's many hours he sits alone. He is very lonely. He gets along very well with Jeannette's dog. I think it's better for him to stay with Jeannette. He is cared for better and he has a better standard of living. Q You said you have your own house? 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes, I do. Q Does it have a lawn? A Yes, it does. Q Who mows that? A I mow my lawn. Q Do you take care of all of the maintenance? A Yes, I do. Q You are dating Jeannette? A Yes, I am dating Jeannette. Q Do you enjoy spending time with the children? A Yes, I do. Q Are you living with them? A No, I am not living with them. MS. HAGGERTY: Nothing further. THE COURT: Thank you, sir. Next witness. MR. CONNELLY: Your Honor, I have some on redirect or recross or whatever you want to call it. THE COURT: Something you haven't covered before? MR. CONNELLY: Yes. THE COURT: Go ahead. REDIRECT EXAMINATION BY MR. CONNELLY: Q When did you buy this house? A I purchased the home -- you'll have to give 28 ,,-.. r-- 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 . . me a moment to just go back through time. Q Sure. A I believe it's around two and a half years. That would make it December of '03. Q So you bought the home before you met Jeannette? A Yes. Q And you were living there every night after you bought the home? A I would say, yeah, most of the time. I mean, I would still go on vacations and go visit people, yes. Q How old is your dog? A My dog is seven. Q So, for the last five years, your dog lived with you wherever you lived? A Yes. Q And you were a busy guy and had a busy life? A My life has become more busy. I haven't been coaching all of those years. Q But you didn't figure your dog really needed to stay with someone else during that five-year period because you were giving him enough attention? A No. I would say, ideally, it would have been very nice for my dog to have another option. At the time I had numerous friends who I would call on frequently to take 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . care of my dog. Q Did you have a roommate prior to this person that's staying there recently? A No, I have not. I don't know if that's to imply that I have a roommate now, because I don't. Q I'm asking you if anyone lived at your house other than you before the person who is there recently? A No. Q You mentioned that approximately two days a week Jeannette leaves at 6:00. You also mentioned she left at 6:30 on other occasions and later. Are there weeks she leaves three days a week at 6:00? A There probably are. Q Are there three days or more times a week when she leaves at 6:00 or 6:30? A Could be. Q On those occasions, does she leave the children alone, or do you stay? A If I am there, I will take care of the children until they get either to a bus stop or to childcare. On days that I am not there, I believe she would take the children to another provider at that time when she leaves. Q At 6:00 or 6:30 in the morning? A Whatever time she leaves, yes. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q I'm asking you specifically, do you know if she's done it at 6:00 or 6:30? A Obviously, if I'm not there on that day I can't speak definitively what time, but, yes, I would guess around that time. Q When she has asked you to stay overnight there, that's the only time you stay, when she asks, or do you -- A There are other times. Q How many days a week would you say you have dinner with the Boarmans given your rugby schedule? A I eat there multiple nights per week. Q What does that mean, seven? A No. Q Five? A Could be, possibly. Sometimes less. Q You mentioned when you stay there when the children are there you sleep in another room? A Correct. Q When the children aren't there, you sleep in Jeannette's bed? A If I am staying there, yes, I have stayed in her bed. Q You mentioned looking forward to having a good, stable relationship. Do you have a good, stable 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . relationship now? A Yes. I believe that I said I do. Q It sounded like you said you were looking forward to having one. That's what I want to know. Do you have one now, a good, stable, exclusive relationship? A Yes. What I remember saying is I do have a good relationship with her, and I would like to see it progress. MR. CONNELLY: I don't have any other questions, Your Honor. THE COURT: Ms. Haggerty. MS. HAGGERTY: Nothing further. THE COURT: Thank you, sir. Next witness. MR. CONNELLY: Thomas Taylor. (Brief pause.) MR. CONNELLY: Your Honor, I completely forgot one issue. Could we have Mr. Beard take the stand again? I want to ask him about the utility bills. THE COURT: All right, Mr. Connelly. I would like to finish this today. MR. CONNELLY: Our other witnesses are brief, Your Honor. (WESLEY BEARD, resumed the stand.) REDIRECT EXAMINATION (Cont'd.) BY MR. CONNELLY: 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q We've established, have we not, Mr. Beard, that your mortgage payment began prior to you meeting Jeannette? A Yes. Q Okay. Your PP&L bill, as of April 5th, was $34.56 for -- I assume this is a monthly bill. How often are you billed by PP&L? A Once per month. Q Has there been any change in your electric bill since you met Jeannette? A I don't believe there has. Q It's always been 34 bucks a month? A I have always kept it very low. Q What is electric in your house? A The appliances. Q Is that it? A I have oil heat, yes. Q Do you have air conditioning? A I have one unit. I don't have central air. Q The oil bill was $249.55 for 115 gallons. What period of time did that cover, do you know? A That oil? Q Yeah. A I'm not sure which bill you have, but I believe it would probably be my most recent, and I would say 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . I'm due to fill my tank. Q How often do you fill your tank during the winter? A Whenever I see it's getting low, I give them a call. Q Have you seen any change in that bill? A Not especially, no. Q Where do you keep your clothing? A I keep my clothing at my house. Q So you go home every day to change? A Not every day, no. Q Do you keep clothing at Jeannette's Boarman's house? A Some articles of clothing at her house. Q If you were to stay there for multiple days -- do you have enough clothing to stay there for three or four or five days, as you described? A I must go to my house to get more clothing over that time period, but I do have some clothing at Jeannette's house. Q Do you have toiletries there, things to -- A I would say I have a toothbrush and I have probably some deodorant. Q You don't shave there? A I have -- yeah, I do have a razor. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MR. CONNELLY: That's it, Your Honor. THE COURT: THE WITNESS: Where do you do your laundry? I do my laundry at my house, and there has been laundry done at Jeannette's house on occasions. BY MR. CONNELLY: Q occasions? A Q A Q A Q A Q A Does Jeannette do laundry for you on I would say she's washed some articles, yes. Do you cook any meals there, you, yourself? Do I, at Jeannette's residence? Yes. I have helped, yes. Helped, meaning helped her cook? Helped her cook, yes. Do you cook yourself? I have occasionally helped make -- made a meal for them, yes, if I'm there taking care of the girls after school, yes. MR. CONNELLY: That's all, Your Honor. THE COURT: Any follow-up on that? MS. HAGGERTY: No. THE COURT: Thank you, sir. Next witness. MR. CONNELLY: Tom Taylor. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THOMAS E. TAYLOR having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record, please. A Thomas E. Taylor. Q What is your business, Mr. Taylor? A I'm a licensed private investigator by the Court. Q How long have you been doing private investigation? A About 14 years, sir. Q Prior to that, what was your employment? A I was a member of the Pennsylvania State Police, and I'm retired from there. I was a city police officer prior to that. I was a police officer for 29 years. I've been in this business 14 years. Q Did you have occasion to meet Dan Boarman, the petitioner here? A I never met him in person. I met him over the telephone. Q What did he request that you do? A In late December of 2005, he telephoned me, told me he had retained you as an attorney, and wanted me to do some surveillance on his wife's home. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q What decision did you make regarding that surveillance? A We had a conversation, and he told me that his wife lived on Goldenrod Drive in a development called The Meadows near New Kingstown. He told me that it was primarily a family-dwelling-type development and that the home was fairly near a bus stop. I gave that some thought for about a week, decided to use a female operative rather than me sit around in a neighborhood near a bus stop. Given the circumstances of today's society, I didn't like the looks of that, so I used a female operative. Q And the female operative's name? A Linda Morton. Q She does work for you in surveillance situations? A I use her as an operative for various situations, some surveillance, sometimes just accompany me in places so that I look like a normal -- it's a normal couple. Q So Linda Morton actually was responsible for the actual surveillance that occurred, correct? A That's correct. MR. CONNELLY: Any other questions? THE COURT: I don't know, do you? 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MR. CONNELLY: No. Any questions? THE COURT: Ms. Haggerty. CROSS-EXAMINATION BY MS. HAGGERTY: Q When, specifically, were you hired? A When was I hired? Q Yes. A By that telephone call in late December, I assumed I was retained at that point. Q How much have you been paid? A Pardon me? Q How much have you been paid? A I don't think that's relative to this issue. Q That is not your decision. How much have you been paid? A I don't know the exact figure, but it was a couple of thousand dollars. Q You don't have a bill? A I don't have it with me. Q How many hours of surveillance were done? A I don't recall, but the hours would be on the invoice. I don't have that with me. I remember the amount of days, but not by the hours. It would correlate pretty much -- the hours are portal to portal. So if there's 25 days, it would probably equate to 75 hours. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: Are you saying there was 25 days of surveillance? THE WITNESS: Yes, to my knowledge, there was 25 days. BY MS. HAGGERTY: a Were you ever present during any of that surveillance? A No, ma'am. a Is surveillance done by a person, or are photographs or videotapes taken? A It was all done in person, and there was some photographs. a No videotape? A No, no videotape, not to my knowledge. a If you're not the one that does the surveillance, do you do a report? A Yes, I do. a Do you have your report? A I do not. That was given to the attorney. a What would be in your report? A My report in this case would be a cover letter reporting that I had hired an operative, and then attaching the operative's -- it would be merely a cover letter, and then attaching the operative's report to me. a So your operative provides you a detailed 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 . . report of what she did? A Yes, that's correct, ma'am. Q You said you are licensed by the Court to be a private investigator. What does that mean? A To be a private investigator in Pennsylvania you must make a motion before the Court of Common Pleas, and then a court order is issued that you are licensed. It is not a license you can get from a licensing authority. It's a court order. Title 22 of the Consolidated States Annotated. Q Is Linda Morton licensed? A She is not. Q When were you licensed? A In 1992. Q Do you charge a flat fee or an hourly rate? A Hourly rate. Q What is your hourly rate? A Fifty dollars an hour. Q Were you provided with photographs of Jeannette prior to the beginning of your surveillance? A I was not. Q Did you get any information, like physical paper information? A Merely verbal, over the phone, from my client, Dan Boarman. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MS. HAGGERTY: Nothing further. THE COURT: Thank you, sir. Next witness. MR. CONNELLY: Linda Morton. LINDA MORTON having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record, please. A My name is Linda Morton. Q Spell the last name. A M-o-r-t-o-n. Q Where do you live, Linda? A I live in Harrisburg, located at 3785 Elder Road. Q You have done work for Mr. Taylor in the past, is that correct? A Yes, I've assisted him on cases that he needed temporarily. Q Have you worked for any other investigators? A Yes, in Williamsport, Pennsylvania. Q Who did you work for there? A John Phillips. Q Doing what type of work? A Surveillance, photographs, anything that may have been needed, mainly as a female assistant. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Were you given the description of Wes Beard? A A brief description. Q The person that's sitting in the courtroom today, is this the person you observed in your surveillance coming out of the Goldenrod Drive address? A Yes. Q When did you begin actually doing surveillance on this residence? A I started on January the 5th by driving by the residence, based on the information I received where it was located, so I could scope out the area to make sure how it was laid out. Q Were you able on that occasion to identify the type of car Mr. Beard drove? A No, not at that time. Q When did you determine what kind of car he was driving? A Well, the information that I received, it was a Jeep Wrangler, blue, and that my subject was employed at the middle school, which was located, I was told, behind the Cumberland Valley High School. At that point, I had to find the school and see if there was any vehicles in the parking lot that fit the blue Jeep Wrangler. Whenever I did the preliminary drive-through, I did only see like two vehicles that were blue Jeeps. I took the license plate number down 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . just in case, whenever I started my surveillance on the property, if any of those vehicles happened to be there. Q When did you actually begin surveillance, what date? A January 6th. Q What did you see on January the 6th? A On January 6th, I did see a Jeep, but it was a Jeep Liberty. It was parked at the residence of 39 Goldenrod. Q What location was it parked at? A It was parked at the right side of the driveway, with the front facing the street. It was backed in. Q Backed up to the garage door? A Yes. Q What did you observe that morning on January 6th? A I observed my subject at approximately 6:50, I believe it was, coming out of the home and getting into his Jeep. Q And who was it? A It was Wesley Beard. Q And he drove away? A Yes. Q Did you follow him? 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No, I didn't. o What was the next date you went to the residence? A On the 9th of January. THE COURT: When you say 6:50, is that a.m.? THE WITNESS: Oh, yes, sir. BY MR. CONNELLY: o What about the next date? A The 10th of January. o What about the 9th? A Pardon me? o You started saying January 9. A Yes. I was there January the 9th at 6:45 a.m. o what did you see? A I observed Mr. Beard coming out of the residence, getting into his Jeep Liberty and driving out of the driveway. Q The next time you observed? A January 10th, at approximately 6:55 a.m., I observed Mr. Beard coming out of the home. He gets into his Jeep Liberty and he drives out of the driveway. o Just to kind of summarize this, you observed on numerous occasions, which you'll testify as to those dates, correct? A Yes. 44 r f'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q On how many total occasions did you observe? Then we'll go through the dates. A Twenty-five separate occasions. Q And that was in what months? A In January, February and March. Q Let's go back to January. In the 25 times that you observed the residence, how many occasions was Mr. Beard not there leaving the residence in the morning? A Two. Q So of 25, two days? A Yes. Q And of those two days, did you arrive late on one of the days? A Yes, I did. Q Where did you go when you arrived late? A I went over to the middle school and did see the Jeep Liberty parked there. Q On the other occasion was it a week day or weekend? A It was a weekend. Q Was there any sign of anyone there that weekend? A No, no activity. Q All right. Let's go back to the dates. You've testified to January 9. January 10, were you there? 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes, I was. Q And did Mr. Beard leave the house? A Yes, at 6:55 a.m. Q On January the 11th, were you there? A Yes, I was. Q Now, was that the date you testified you came a little later? A No, sir. Q What time did you get there that date? A Approximately 6:55. Q Was he there that day? A Yes, on the 11th. Q On the 19th, did you observe him there? A Yes. Q Is this all the same situation, you're sitting outside, and you see him come out of the house, get in his car and leave? A Correct. Q On each occasion, did you follow him to Eagleview? A No. Q So, now we have the 11th, the 19th of January. The 20th of January, was he there that day? A Yes. Q You come back then again on the 23rd? 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q Was he there that day? A Yes. Q The same scenario, he came out of his house in the morning, got in his vehicle, drove away? A That's correct. Q On some of the occasions, did you follow him to the school or not? A No. Q Once you determined that he was leaving to go to the school, you just discontinued your surveillance? A Many of the cases. Or else, on my own, I went over to double check to make sure he had gone to school. Q And on those occasions he did? A Yes. Q January 24th, was he there? A Yes. Q January 28th, what happened on that date? A 7:00 in the morning, the Jeep Liberty was not observed in the driveway. Q Is that the day you were running late? A No. That was -- it's not in my notes that that was the date, but maybe. Q The notes I showed you have 7:00 a.m., not 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . observed in driveway. A That's correct. a Now, a lot of these he was leaving at 6:50, 6:45. A Perhaps I may have been there later. a Okay. But he was not there on that date? A Right. a Then we go to April -- or, I'm sorry, January the 29th. Was he there that day? A Yes. a That was an observation at 11:00 p.m. in the evening, correct? A That's correct. a February 2nd? A Yes. a Was he there? A Yes. a Left the house in the morning? A That's correct. a February 3rd? A Yes. a Yes, meaning he was there? A Yes. The Jeep Liberty was parked in the driveway as it does, backed in on the right-hand side. a February the 4th? 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A The same. I observed the Jeep Liberty parked in the driveway. Q You went back February 4th again at 10:00 p.m., didn't you? A Yes. Q And was the vehicle there? A Yes. Q February the 5th? A Yes, at 8:00 a.m. February the 6th? Yes. February the 7th? Yes, I observed the Jeep Liberty parked in Q A Q A the driveway. Q A Q A February the 8th? Yes. February the 9th? Yes. Q So, for that -- MS. HAGGERTY: Objection, Your Honor. Yes to what? those dates? THE COURT: What times were you there on THE WITNESS: A.m. BY MR. CONNELLY: 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Let's go to February 6th, what time were you there? A 6:40 a.m. Q February 7th? A 6:30 a.m. Q February the 8th? A 6:47 a.m. Q February the 9th? A 6:50 a.m. Q At that point, did you discontinue your surveillance of the residence? A On each given date? Q No. On that date, was that the end of your observations which began on January the 6th? A At that point, yes. BY THE COURT: Q I want to be clear on this. You had said the Jeep Liberty was in the driveway. On each of those days between February 2nd and February 9th, it looks like you observed every day, is that right? A That's correct. Q Did you see him leave the home on those mornings? A Yes. Q Or you just saw the Jeep? 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A I saw my subject leave the house and drive. Q So each of those mornings, he left the home? A That is correct, sir. BY MR. CONNELLY: Q Now, let's go back and summarize. Your first real observation of this house began on January the 6th, correct? A That's correct. Q Now, there are days that you didn't go from January 6th to February 9th? A That's correct. Q But on all of the occasions you went, except I believe you testified one excuse me. On 19 occasions between January the 6th and February the 9th, with one exception, he was there? A That's correct. Q And there were days you didn't go, so you don't know whether he was there or not? A Yes. Based on the budget and time that I was requested to do it, yes. Q Now, after you discontinued your surveillance on February 9, were you asked to return again for one more period of time? A Yes, I was. Q What was that period of time, what date to 51 ;"". r- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . what date? A March 7th through March 13th. Q Will you describe for the Court what you observed on those dates? A On March 7th, 7:06 a.m., I observed the subject coming from the house and get in the Jeep Liberty that was parked on the right side of the driveway, backed in. Q March 8th? A 6:58 a.m., subject leaves house and gets into -- Q Please slow down. The court reporter is taking this testimony. A I'm sorry. Q He was there? A Yes. Q And got in the car and drove out of the driveway? A That's correct. Q March 9th, the same thing? A Yes. Subject leaves the house, gets into the Jeep Liberty. Q And that was 7:08 a.m.? A Yes, that's correct. Q March 10th? A 6:43 a.m. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Now, what happened on that day? Who left the house? A I observed a slim-built male with short light brown hair in the backyard of the house with a white plastic grocery bag in his hand. And that was Wesley Beard? That's correct. And he was at the back of the house? That's correct. Then at 7:11 a.m. the same day, he left? That's correct. And the next time you observed was what date? March 13th. Did you see him leave the house on March Q A Q A Q A Q A Q 13th? A Q or the 12th? A Q Yes, I did, 7:06 a.m. You did not do any surveillance on the 11th No. So every day you went from March 7 to March 13, he was there? THE COURT: That's correct. MR. CONNELLY: No other questions, Your Honor. THE COURT: You indicated there were two days 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . that he was not there. What was the other day you went that he wasn't there? THE WITNESS: January 11th, 6:55 a.m., not seen in driveway. THE COURT: I'm sorry? THE WITNESS: January 11th, at 6:55 a.m., Jeep Liberty not seen in driveway. BY MR. CONNELLY: Q Was that the day you drove to the middle school? A Yes, and that's when his vehicle was there. Q What was the other date he was wasn't there? A It was a Saturday morning, I believe, or a Sunday morning, I believe. I have to look at my notes. THE COURT: Is that January 28th, I thought you said? THE WITNESS: That is correct, I believe. Yes, 7:00 a.m. THE COURT: Ms. Haggerty. MS. HAGGERTY: May I approach the witness, Your Honor? THE COURT: You may. MS. HAGGERTY: Could I look at your notes? THE WITNESS: Certainly. THE COURT: Actually, let's take a 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . five-minute recess and give you a chance to review that. MS. HAGGERTY: Thank you. (A recess was taken.) THE COURT: Ms. Haggerty. MS. HAGGERTY: Thank you. CROSS-EXAMINATION BY MS. HAGGERTY: Q Ms. Morton, you began your surveillance January 6th? A That's correct. Q You stated that you saw Mr. Beard at the residence at around 6:50 a.m. What time did you get there? A Approximately 6:30, perhaps 20 minutes to 7, somewhere in that ten-minute time range. Q You didn't note it on your report, though? A Pardon me? Q You didn't note it on your report? A No. Q What time did you leave? A Shortly after I saw Mr. Beard leave. That could range from a couple of minutes to whenever I was making notes in the car. Q I noticed that a couple of times on your report you referenced Mr. Beard driving to Eagleview Middle School? 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q Did you go all the way to Eagleview Middle School to insure that that's where he went? A I never followed him. I went and checked to see if his vehicle was there, yes. Q Would that be later in the day? A No. Probably after I was done. Q But you didn't note that on your report? A No. Q January 9th you said you saw Mr. Beard at 6:45 a.m. Do you know what time you got there that day? A No, I do not. Probably shortly before that. Q You indicated you saw Mr. Beard at 6:55 on January 10th. Do you know what time you got there that day? A Approximately a few minutes before that. I average about 6:30, 20 minutes to 7, depending on traffic. Q It's fair to say that you don't indicate the time that you have arrived or left anywhere in your report? A No. Q On any of the dates? A No. THE COURT: No, you do not; or no, it's not fair to say that? THE WITNESS: Pardon me? Repeat the question. 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . BY MS. HAGGERTY: Q You do not indicate your time of arrival and time of departure on your report, is that correct? A That's correct. Q You do not indicate in your report specifically when you've confirmed Mr. Beard's car to be at the school? A No. Q Specifically, on January 29th, you indicate in your report at 11:00 p.m. that you saw the Jeep at Ms. Boarman's house? A That's correct. Q You did not see Mr. Beard? A No. Q On February 3rd, you indicate in your report that you saw the Jeep at Ms. Boarman's house. You did not see Mr. Beard? A No. Q On January 4th, you indicate in your report that you saw the Jeep at Ms. Boarman's house, you did not see Mr. Beard? MR. CONNELLY: Objection. There was no January 4th report date. She is mischaracterizing the testimony. MS. HAGGERTY: Excuse me, February 4th. 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Thank you. BY MS. HAGGERTY: Q My prior question would have been February 3rd you saw the Jeep. February 4th you ~;aw the Jeep, but you did not see Mr. Beard? A That's correct. BY THE COURT: Q I'm confused. On some of these days, did you go both morning and evening? A Yes, sir. That was my in~:truction. Q On all of these days that you testified to, except January 28th and January 11th, die you see him leave in the morning? A That's correct. Q So when she's asking you cbout seeing the Jeep but not Mr. Boarman, is that an evening visit? A Yes, or morning one, deperding on the Q Okay. That was my questien. On 23 days you said you saw him leave the home in the morning out of 25, is that right? A I would have to add up the numbers whenever my notes say observed him getting into his Jeep. Q Okay. I think that's important. A Yes, it is. Q That's what I heard you say on direct. Could 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . you please confirm that. A Could you restate the Q I thought I heard you testify on direct that you saw him actually leave the home in the morning on 23 of the 25 days that you surveilled the premises? A Okay. I may have said that, yes. Q Is that what happened, or did you misstate that? A I misstated that. Q Okay. How many days did you actually see him leave the residence in the morning? A I would have to count them on my sheet. I never really actually counted how many times. Q Could you please go down and list the days that you saw him leave in the morning? A I will, sir. Would you like the actual date? Q Yes. A January the 6th, January the 9th, January the 10th, January 19th, January the 20th, January 23rd, January 24th, February the 2nd, February the 6th, March the 7th, March the 8th, March the 9th, March the 10th, March the 13th. Q What mornings were you there that you didn't see him leave? A A weekend -- 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You mentioned those two days, January 11th and January 28th. What mornings were you there that you saw the Jeep but didn't see him leave? A January the 29th oh, in the morning, sir? I'm sorry, sir. February 3rd. Q You saw the Jeep. How long did you stay? A Approximately a half an hour. Based on my travel time to the property and leaving, I calculate it to be an hour and a half for the budget. Q So you stayed until what time on that date? A Approximately after 7:00. What date did I read off, sir? Q I don't know. I'm asking you. February 3rd is the last time that -- that's the only one so far that you said that you saw the Jeep but didn't see him leave. A Yes. On February the 4th, I believe that's a weekend date. Q You saw the Jeep February 4th in the morning, but you didn't see him leave? A That's correct. February 4th, again, at night. Q My question is A The morning. Q -- the mornings. A February 4th, February 5th, February 7th, 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . February 8th, February 9th. Q So those were the mornings that you staked out the premises, saw the Jeep, but didn't see him leaving? A That's correct. THE COURT: Ms. Haggerty. MS. HAGGERTY: Thank you. BY MS. HAGGERTY: Q Based on your testimony that you had just given, you saw Mr. Beard leave the house 14 times in the morning, and there were six days that you did not see him leave in the morning, there were two days that you did not see Mr. Beard there at all, and there was one evening that you observed the car but not Mr. Beard, which, by my calculations, is 23 days of surveillance. So it's true to say that out of all of the surveillance you actually saw Mr. Beard 14 times? A Yes, that would be correct then, based on what was just stated. Q Again, you don't have in your notes the time you arrived or the time that you leave? A No. Q Did you take photographs? A Yes. Q Do you have those photographs? A Not on me, no. 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q What were the photographs of? A The vehicle parked in the driveway of the residence, Mr. Beard at the school, walking to the school, you know, from his vehicle to the school. Q No photographs of Mr. Beard coming out of the house? A No, not at the angle which I was sitting at. Q Did you take any videotape? A No, I did not. Q Do you have a report to indicate how many days you were at Mr. Beard's house? A My report here? Q That indicates how many times you were at Ms. Boarman's house. A Oh, Mr. Beard's house? Q Yes. A No. I've never been to Mr. Beard's home. Q You didn't do any investigation to see if Mr. Beard is residing at his own house? A No, I did not. Q How much did you get paid for this investigation? A I'm not sure of the total amount. I think around 1,500 total. Q Do you get paid by the hour? 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q How much do you get paid by the hour? A I get $25.00 an hour and 50 cents a mile. Q You indicated that you assist Mr. Taylor in his investigations? A Yes, occasionally. Q Do you work anywhere else? A I have my own cleaning service. Q Like a house cleaning service? A Residential, business, commercial cleaning. Q Is that a full-time job? A It's -- I elect to choose the jobs. Q And you also do other private investigation work? A I have. Q But you're not licensed? A No. I just assist in cases. Q Prior to beginning this investigation, were you provided with a picture of Mr. Beard? A No. Q Were you provided with a picture of Ms. Boarman? A No. Q Were you provided any physical information? A A brief description of what he may look like. 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q It's fair to say that everything that you felt was important regarding this investigation you included in your report? A Yes. MS. HAGGERTY: Nothing further. THE COURT: Any redirect, Mr. Connelly? MR. CONNELLY: Yes. REDIRECT EXAMINATION BY MR. CONNELLY: Q The occasions when you saw the vehicle and left, didn't stay, were they weekend days, do you recall? A I believe there was a couple, yes. Q You consistently observed him on many occasions, but on some you merely observed the vehicle. Is there a reason you didn't stay around? A It was to establish that he was there early in the morning, maybe to indicate that he had stayed over. Q You're saying that you think some of them were weekends? A That's correct. Q Did you ever see the Boarman children leave with him on any of the occasions you observed him? A Not where I was sitting, no. Q I'm not asking where you were sitting. Did you ever see the children leave when you saw him come out 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . and get in the Jeep and drive away? A No, I did not. Q Does that mean they weren't with him? A I couldn't say. I did not physically see them. Q But you saw him exit the house, and there was no one with him? A That's correct. Q He got in his vehicle and drove away, and there was no one in the vehicle? A I didn't see anybody. MR. CONNELLY: That's all. RECROSS-EXAMINATION BY MS. HAGGERTY: Q If you can recall, have you ever arrived at the house before 6:30 in the morning? A No, MS. HAGGERTY: Nothing further. THE COURT: Thank you. Any other witnesses, Mr. Connelly? MR. CONNELLY: Yes. Dan Boarman. DANIEL BOARMAN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q State your name for the record, please. A Daniel Boarman. Q Where do you live, Dan? A 1302 King Arthur Drive, Mechanicsburg. Q How far is that from the Goldenrod address? A It's approximately a 30- to 35-minute drive. Q What is your current custodial arrangement with your children? A Approximately 60/40. Q What days do you get them, from when to when? A I have my children every Wednesday, every other Thursday, every other Friday, Saturday, Sunday, return Monday morning. Q All of those you identified are overnights? A Yes. Q So you have Wednesday overnight one week, Wednesday and Thursday the other week, and the week you have Wednesday you have the weekend? A Right. Q As a consequence of that, are you frequently dropping off and picking up the kids? A Frequently dropping off. Q So you have contact with the Goldenrod residence? A Absolutely. 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Now, you contacted Mr. Taylor, according to his testimony, in December, is that right? A Yes. Q What caused you to take that action in December of 'OS? A If I had to put my finger on it, it would be when I drive the children -- or in this instance, my youngest -- to my ex-wife's home, approximately five to six times within a short period of time I saw a spot in the driveway that was dry, and it had been raining or it was dew that night before, and it was an obvious thing, because I've seen this car parked there before. Q So, what conclusion did you reach on seeing that? A Well, the conclusion I had was he had been staying over. Q Were there other indications that he had been spending a lot of time there? A Absolutely. Q What indications did you get? For example, your kids' activities, was he present with your ex-wife at those? A Virtually every activity that my children were at that my ex-wife was at, he was there. Q Were you aware, as well, that he was caring 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . for the children in her absence? A Yes. Q Was that frequent? A Yes. Q What other indications did you have that they were essentially living as a family? A Well, going on vacations together, overnight stays on vacation, staying in the same room while on vacation, virtually living as a married couple from everything I saw. Q Would that include the trips Mr. Beard spoke about where he went to his parents' and his brother's? A Absolutely, yes. Q And the discontinuance of the baby-sitter in September, what was the explanation for that? A Well, the explanation that I'm aware of is the baby-sitter wasn't needed any longer because Wes was available. The baby-sitter does still watch children, to my knowledge. Q So the baby-sitter didn't quit? A No. Q You had requested that Mr. Taylor's office begin this observation, and you got an initial report of these dates in January and February, is that correct? A Right. 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And did we then discuss that maybe we ought to get back and take a look at it again in March? A Absolutely, yes. Q And that was the reason for the next few days' observations? A Yes. The reason was we wanted to make sure that this was something that was real, and I just wanted to be double sure. I don't take coming to court lightly. Q From your observations, do your children interact basically daily with this gentleman when they're not in your custody? Yes. You're aware he works with them with their A Q homework? A Q this? A Q A Q A Yes. Did you ever speak to your ex-wife about About what, specifically? This cohabitation. No, I did not. Why? Boy, that's a tough question to answer. We're not married anymore. We don't get along. Q You don't get along? A No. 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Is there an issue with you, certainly, that Mr. Beard is spending the kind of time with your kids that you could otherwise take care of -- MS. HAGGERTY: Objection. That's not relevant to this proceeding. THE COURT: Sustained. BY MR. CONNELLY: Q How long is it your observation this has been going on, from what you could see? A Well, the relationship that Wes and Jeannette have had has really ramped up since the inception. Since roughly November of 2004, around Thanksgiving, is when I learned that there was a significant relationship. Q And it's continued to evolve, from your observation, since then? A Yes. Q What about since Myrtle Beach in the summer of '05? A Well, that's certainly a marked difference, in my mind, because that's when I learned that the dog lived there. Q And how did you learn that? A I saw it. Every time I was there and the door opened and my old dog came out, he was there. Q He, meaning? 70 r> r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Aidan. Q That's the other dog, his dog? A That's Wes' dog, yes. And the children also had told me that. Q The children talk about Wes all the time? A Yes. MR. CONNELLY: No other questions, Your Honor. THE COURT: Cross. CROSS-EXAMINATION BY MS. HAGGERTY: Q You had indicated you saw dry spots in the driveway. You didn't see Wes at the house, right? A No. Well, actually, I have seen Wes' vehicle there. I didn't see Wes. I have seen his vehicle there. Q You had indicated that Wes and Jeannette are living as a married couple. You're married, right? A Yes, I am. Q Does your wife have another house? A No. Q You and your wife have the same bank accounts or joint bank accounts? A Some. There's one joint. Q You and your wife pay the same utility bills? A No. Actually, there's two different 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . accounts. Q When you would see dogs at Jeannette's house, there would sometimes be a third dog there, too, wouldn't there? A The only time I'm aware of a third dog was a boxer. Q Named Mabel? A Yes. I don't believe I have ever seen Mabel. MS. HAGGERTY: Nothing further. THE COURT: Mr. Connelly. MR. CONNELLY: Nothing else, Your Honor. THE COURT: Thank you, sir. Any other witnesses, Mr. Connelly? MR. CONNELLY: One more, Your Honor, Deborah Boarman. MS. HAGGERTY: I would ask for an offer of proof. THE COURT: Go ahead, Mr. Connelly. MR. CONNELLY: Your Honor, Deborah Boarman has personally observed the children speaking to individuals about taking items to school to give to Wes or for Wes to bring things home for them. THE COURT: He's already acknowledged that. MR. CONNELLY: But she personally heard it. THE COURT: Your first witness acknowledged 72 . . 1 that. 2 MR. CONNELLY: Well, that was what she was 3 going to say, that she -- 4 THE COURT: That's cumulative. If you have 5 any different 6 MR. CONNELLY: That's the extent of her 7 testimony. The testimony would be cumulative, the same 8 thing, that Wes is always at everything. 9 THE COURT: Well, he's acknowledged that. 10 Good enough. You rest then? 11 MR. CONNELLY: Yes. 12 THE COURT: Are you moving for -- your 13 Exhibit 1 has already been admitted. There were no other 14 exhibits, were there? 15 MR. CONNELLY: No, just the exhibit relating 16 to the agreement. 17 THE COURT: Exhibit 1 was admitted. Your 18 first witness, Ms. Haggerty. 19 MS. HAGGERTY: Jeannette Boarman. 20 JEANNETTE BOARMAN 21 having been duly sworn, testified as follows: 22 DIRECT EXAMINATION 23 BY MS. HAGGERTY: 24 Q Ms. Boarman, state your name and spell your 25 name for the record. 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Jeannette, J-e-a-n-n-e-t-t-e, Boarman, B-o-a-r-m-a-n. Q Where do you live? A 39 Goldenrod Drive, Carlisle. Q And who resides there with you? A My girls, Jordan and Lindsey Boarman, and myself and two dogs. Q And who are those dogs? A Kipper and Aidan, and occasionally a third dog joins our family. Q And who is that dog? A Mabel is her name. Q And whose dog is she? A She's a friend of ours. Q You are in a relationship with Wesley Beard? A Yes, I am. Q When did you guys start dating? A November of 2004. Q How would you characterize, I guess, the progression of your relationship? A It's been pretty slow. We have a relationship, yes. We are dating. Q Are you living together? A No. Q Does he stay at your house? 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes. Q How often would you say he stays at the house? A It depends, really, on my work schedule, but I would say probably two to three times a week. That's it's very sporadic. It all depends on my work schedule. Q So it's fair to say some weeks more, some weeks less? A Um-hum. Q Where do you work? A I work at Drew Stoken. He's an ophthalmologist here is Carlisle. He also has a surgery center at his facility, so I work at both places. Q What do you do for Dr. Stoken? A I'm a registered nurse, so I work in that capability in the front office. In the back office, I work as his circulating nurse and his recovery room nurse. Q Does that encompass the surgery center, as well, or something else? A That's with the surgery center. Q What are your work hours? A They're different every week. Q Generally, how early to how late could they go? A Some days I have to be in there as early as a 75 . A in January. Q A Q A Center, and I 9th. Q were home? A Q 76 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Definitely. Q At this time, by January of 2006, you had been dating Wes for over a year? A Correct. Q Would you say that your relationship was more serious at that point? A Definitely. Q Do you believe that Wes was at your house and staying over probably more often in January and February of this year? A Definitely. Q Why was that? A Because of my work schedule being so sporadic. And my baby-sitter resigned, because she had taken on a full-time job, so I needed him a little bit more often. Q Who was your baby-sitter? A Her name is Julie Jones. Q Where was she? A She lives on 30 Hoover Road in Carlisle, Pennsylvania. Q Why did she resign? A She started waitressing, and the places she started working at needed more hours, and she made more money waitressing. 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q When did she stop being available as your baby-sitter? A She was tapering off in like November, December. Then, obviously, when I resigned from my job, I did not need her at that time, so she took more hours on at that time in December. Q Was she available as your baby-sitter when you started your job in January? A No. Q Because of that, what did you do to make sure that the girls were cared for? A I enlisted family first. My sister helped. My stepfather helped in the mornings. When either one of them were not available, I asked Mr. Beard to help me. Q Was he willing to do that? A Yes. Q When the girls are at home with you, where does Mr. Beard sleep? A In a spare room. Q It's fair to say if the girls are not there he sleeps in your room with you? A When we're at my house, correct. Q If he's staying over? A Correct. Q Are there nights throughout the week that you 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . are home alone with the girls? A Definitely. Q Overnight? A Yes. Q Are there nights throughout the week that you're home alone, period? A Yes. Q Where would the girls be then? A At their father's. Q Are you engaged? A No. Q Do you have a bank account? A Yes, I do. Q Whose name is on that bank account? A My own. Q Where are you registered to vote? A In Middlesex Township. Q Do you own your house? A Yes, I do. Q Do you have a mortgage on it? A Yes, I do. Q Whose name is on the mortgage? A My own name. Q Do you pay utilities at your house? A Yes, I do. 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Whose name is on the utility bills? A My own name. MS. HAGGERTY: May I approach, Your Honor? THE COURT: You may. BY MS. HAGGERTY: Q I'm showing you what has been pre-marked as Respondent's Exhibits 1, 2 and 3. Can you identify those? A Yes. These are my utility bills and my mortgage bills. Q Specifically, Respondent's 1, which one is that? A Q A Q A Q A Q A on it. Q Mr. Beard? A Q This is my PP&L bill. Whose name is on that? My own. No.2? This is my gas bill. Whose name is on that? My own. And No.3? This is my mortgage bill, and my own name is Do you have any accounts jointly with No. Do you have any subscriptions to magazines in 80 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . both names? A No. Q Is there anything that you can think of that is in both names? A No. Q If you were to become engaged and subsequently reside with Mr. Beard prior to 2008, would you advise Mr. Boarman of that fact? A I will advise my children, and, in turn, they will advise their father. They will be the first to know. Q You understand that should you cohabitate or remarry you will no longer receive alimony? A Definitely. Q And you're okay with that? A I'm fine with that. Q Are there times that Mr. Beard does not stay over but does come over in the morning? A Yes. On several occasions, he comes at probably whenever I need to leave, he'll come over and make sure that the kids get to their proper locations. Q And if you would need to leave at 6:00? A He would come at quarter of 6. Q Could you ballpark how often that might happen? A And it's not just Wes that has done that. My 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . stepfather has done that, also. I can't give a definitive number to it, percentage to it. Q Does Wes baby-sit for any other kids in your neighborhood? A Yes, he does. He does watch the neighbor kids occasionally when their mother can't get home in time to get them off the bus. He takes them into my home and watches them until the mother can come home. Q You are not living at Mr. Beard's house either, are you? A No, but I have spent the night there. MS. HAGGERTY: Nothing further. THE COURT: Mr. Connelly. CROSS-EXAMINATION BY MR. CONNELLY: Q Jeannette, your neighbors know Wes, huh? A Yes, they do. Q Which was why they let their children go with him after school to your house? A He tutors their daughter, also. Q Now, your relationship with Wes you would describe as exclusive? A Correct. Q And it is a sexual relationship? A Yes. 82 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And you acknowledge Wes stays at your house, correct? A Correct. Q And he has clothing there? A Yes. Q And he has toiletries there, and he's able to get up in the morning and get ready and go to school? A His toiletries travel with him. Q I want to understand. When you needed help, this is just coincidental that he happened to be there all of those days in January and February because of your work schedule? A What are you asking? Q I'm trying to understand. It seems to me that when we've now identified so many days he stayed overnight, you needed him for baby-sitting. This wasn't just him staying there as part of your relationship. Is that what you're saying? A I don't believe that all of those days he stayed overnight. I think that your personal surveillance person saw him leave the house. I don't believe that he has stayed over all of those nights. Q Okay. So her seeing him leave doesn't mean he stayed there? A No. 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And especially seeing him leave with the children not with him, those would have been occasions when he wasn't watching the children? They would have been -- he would have waited for them to get on a bus, right? A No. He drives them over -- he drives my youngest over to the baby-sitter's house every day. Q What time does the bus come? A For who? We have two children. Q The youngest. A 8:15. Q How about for the oldest? A 7:00 a.m. Q So if Wes left from your home without a child before 7:00 a.m., you were there? A Every time he has left the home he goes to the neighbor's house and takes her to the neighbor's home. Q So if the private investigator observed him leaving your home by himself and not with a child, you didn't work that day? A I don't work every day, but I don't think she was clear about that. Q She was clear on the dates she saw him leave. A She said from her point of view she could not see anybody else in the vehicle. I have a small child. Q I asked her again whether she saw him come 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . out of the door and was anybody with him. So your observation is that she really didn't see the child, but the child was there? A No. That's my observation. Q What is your work schedule? I want to get this clear. You know when you work. A No, I do not. I go in to work every day, and I ask when they need me the next day. Q Now, when you had problems with your care for your kids, you called, I believe -- who did you say, your stepfather? A Correct. Q Who else? A My sister. Q Your sister? A Correct. Q And Wes? A And neighbors. Q And neighbors. What about their father? MS. HAGGERTY: Objection, Your Honor. That's not relevant to this proceeding. MR. CONNELLY: Well, she's made it relevant with her testimony. THE COURT: Objection sustained. BY MR. CONNELLY: 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Let me go back. Is your position the only reason Wes stays there is to help you with the care? A No. Q Okay. You find out when you work the following day the day before? A Correct, sir. Q Every day? A Correct, sir. Q When do you work Monday? A I don't know. I have to call in later. Q Later today? A Correct, sir. Q When did you work yesterday? A I worked at 6:00 a.m. yesterday morning. Q And the day before? A I worked at 7:00 a.m. Q Did Wes stay the night before last so that you could go to work at 6:00 a.m.? A Yes. Q You mentioned you own your own home. When did you purchase your own home? A November 2003. Q So you, again, owned your home before you met Wes? A Correct. 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q You mentioned your utility bills. How much is your PP&L bill, roughly, a month? A I would have to look at them. I don't know. Q $86.00? A Yes. Q And you have a UGI bill of 201. That's your gas service? A Correct. Q Mortgage payment $774.65 a month, right? A Correct. Q Your testimony is that Wes gives you nothing financially? A Nothing financially. Q Buy groceries? A He occasionally buys his own milk, because he likes skim milk and I don't. Q Eats meals at your house? A Occasionally. Q What's occasionally, how many days a week? A I would say three. We eat out nights, also. Q How often do you and Wes and the children eat together a week? A I don't know, because they're at their dad's two nights and Q That's why I asked you the question. How 87 . . 1 many nights do you, Wes and the kids eat together? 2 A It's different every week. 3 MR. CONNELLY: I don't have any other 4 questions, Your Honor. 5 THE COURT: Any redirect? 6 MS. HAGGERTY: Nothing. 7 THE COURT: Thank you, ma'am. You may step 8 down. Any other witnesses? 9 MS. HAGGERTY: I have no other witnesses, 10 Your Honor. I would ask for the admission of Exhibits 1 11 through 7. 12 THE COURT: Any objection, Mr. Connelly? 13 MR. CONNELLY: No objection, Your Honor. 14 THE COURT: They are admitted. Any rebuttal, 15 Mr. Connelly? 16 MR. CONNELLY: No, Your Honor. 17 THE COURT: Okay. I certainly understand the 18 issues. I would like some guidance. The agreement does not 19 itself define cohabitation. 20 MR. CONNELLY: That's correct. 21 THE COURT: So we're going to have to look at 22 case law. Do you need time to get together case law for me? 23 MR. CONNELLY: Yes, I think that's 24 appropriate. We need a transcript, I believe, because we're 25 going to need to identify the testimony. 88 - r'" . . 1 THE COURT: Off the record. 2 (A discussion was held off the record.) 3 THE COURT: We'll enter the following Order: 4 "AND NOW, this 26th day of May, 2006, after 5 hearing, the parties are directed to file briefs in support 6 of their respective positions by close of business on 7 Monday, June 26, 2006." (Court was adjourned.) 89 . . 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. 4tkm1 !2-.~ Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ~ /7 /0 ~ Date Edward E. Guido, J. 90 I"'" t"", <3 'I : \ IleI B- HilI ~~~i ;"\111c.,,~<)\\\U'~0 3'r\l. ::\0 '~"'! j '("'-\-;'4"\ I ~..J'-' ",,-~\ 11:) JEANNETTE A BOARMAN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL M. BOARMAN : NO. 2001 - 3838 CIVIL TERM ORDER OF COURT AND NOW, this 29TH day of JUNE, 2006, after hearing the evidence, and having reviewed the briefs filed by the parties, we are satisfied that Ms. Boarman and Mr. Beard are not "cohabitating" as that term has been defined by our appellate Courts.! Therefore, Defendant's Petition to Terminate Alimony is DENIED. Edward E. Guido, 1. , J9fln J. Connelly, Jr., Esquire L.f or the Petitioner "A(ara W. Haggerty, Esquire For the Respondent ~ \5~~ ;) ()'" :sld I See Kripp v. Kripp, 578 Pa. 82, 849 A.2d 1159 (2004) and Lobaugh v. Lobaugh, 753 A.2d 834 (pa. Super 2000). G'" ('::',;; -,"../ ,7 '(, Hd !l \':i !~:OOl :10