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05-5649
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN N. FREEMAN Plaintiff V. TODD A. FREEMAN Defendant N0. 0 5- -)G y? CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT 1 2. 3 4. 5 6 The Plaintiff is Kristen N. Freeman, residing at 221 W. Locust Street, Mechanicsburg, Pennsylvania 17055. The Defendant is Todd A. Freeman, residing at 1203 Gross Drive, Mechanicsburg, Pennsylvania 17055. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O.B. Ashton James Freeman 221 W. Locust Street Mechanicsburg, PA 17055 6 9/5/1999 The child was not born out of wedlock. The child is presently in the custody of the Kristen N. Freeman who resides at 221 W. Locust Street, Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Kristen N. Freeman 221 W. Locust Street 9/5/1999- Todd A. Freeman Mechanisburg, PA 17055 10/2001 Kristen N. Freeman 221 Locust Street 10/2001- Mechanicsburg, PA 17055 present 7. The mother of the child is Kristen N. Freeman currently residing at 221 W. Locust Street, Mechanicsburg, PA 17055. 8. The mother is married. 9. The father of the children is Todd A. Freeman currently residing at 1203 Gross Drive, Mechanicsburg, Pennsylvania 17055. 10. The father is married. 11. The relationship of Plaintiff to the child is that of mother. 12. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Ashton James Freeman Son 13. The relationship of Defendant to the children is that of father. 14. The Defendant currently resides with the following persons: NAMES RELATIONSHIP None N/A 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the child will be served by granting the relief requested. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. - 2 - WHEREFORE, Plaintiff requests the Court to enter an Order in accordance with the parties Stipulation filed of record in this action. Respectfully submitted, / C DIANE LIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717)975-Ob97 ID No. 32112 Date: - 3 - VERIFICATION I verify that the statements made in this Custody Complaint 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 auth . Date: oritie l jam. 16 A RISTEN N. FREEMAN c???\ ? ? ? V ?U G f_ __ ?? lU _ . "' W ? ? - , p ?" ` n ? .. w ? .? ?o `r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN N. FREEMAN, Plaintiff NO. c?5 5G y9 Ce?,Ya Tom,., TODD A. FREEMAN, Defendant STIPULATED CUSTODY AGREEMENT AND NOW Thi 'day of ? (t?_L- , 2005, KRISTEN N. FREEMAN ("Mother") and TODD A. FREEMAN ("Fat er") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, ASHTON JAMES FREEMAN, born on September 5, 1999 (the "Child"): A. LEGAL CUSTODY: Legal Custody. The parents shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of PA. C.S. §5309, each Parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other Parent. To the extent one Parent has possession of any such records or information, that Parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other Parent. In addition to the foregoing, the following shall also apply to the parties' legal custody rights and obligations: A.1 Alcohol and Drugs: During any period of custody or visitation, neither Parent shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication in the presence of the Child. Further both Parents are prohibited from giving the Child alcoholic beverages or controlled substances to use and/or consume. A.2 No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or 1- otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Child from the other Parent. At all times each Parent shall encourage and foster in the Child a sincere respect and affection for the other Parent. A.3 No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Child. Neither Parent shall discuss any pending legal action involving the Parents with the Child. Neither Parent utilize the Child for purposes of conveying information or inquiries pertaining to the Child and/or any pending legal action to the other Parent. A.4 Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number. Each Parent, step-parent, or live-in mate shall not unreasonably interfere with the Child's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Child calls the other Parent upon receipt of any phone message requesting such a return call. A.5 Temporary Absence from Commonwealth: If either Parent intends on removing the Child from his or her residence or the Commonwealth of Pennsylvania for a period in excess of twenty-four (24) that Parent shall provide the other Parent with the address and phone number where the Child can be reached during the period of absence. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: B.1. Primary Custody: Mother shall have primary physical custody of the Child, subject to the custody schedule hereafter set forth. B.2. Partial Custody, Father shall have rights of partial physical custody of the Child, subject to the custody schedule hereafter set forth. B.3. Custody Schedule: The Parents' rights of physical custody shall be in accordance with the following schedule: 3.A. Primary Custodian's Periods: Mother shall have physical custody of the Child for all periods not specifically reserved for Father herein. 3.B. Alternating Weekends: The Parents shall alternate physical custody on -2- alternating weekends from Friday at after work until Sunday at 8:00 p.m. Father's first weekend shall be the weekend of U C4pber 7 Boos 3.C. Mid-Week Period: During the week following Father's custodial weekend, Father shall have custody of the child on Tuesday and Thursday evenings from after work until 8:00 p.m. During the week following Mother's custodial weekend, Father shall have custody of the child on Monday and Wednesday evenings from after work until 8:00 p.m. 3.D. Holidays/Special Days: Physical custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS/SPECIAL DAYS TIMES EVEN ODD YEARS YEARS Thanksgiving Day From after work on the Father Mother Wednesday before Thanksgiving Day until 8:00 p.m. Thanksgiving Day Christmas 1s` Half From 8:00 a.m. on 12/24 Mother Father until 11:00 a.m. 12/25 Christmas 2nd Half From 11:00 a.m. 12/25 until Father Mother 8:00 p.m. 12/26 Mothers Day From noon until 8:00 p.m. Mother Mother Fathers Day From noon until 8:00 p.m. Father Father 3.E. Summer Vacation Time: Each Parent shall be entitled to one (1) uninterrupted weeks of physical custody of the Child under and subject to the following terms and conditions: E.1. Times: Each week shall run from Friday at 5:00 p.m. until the following Friday at 5:00 p.m. Each week shall encompass the selecting Parent's regular alternating weekend. E.2. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to - 3 - exercise each of these physical custody weeks. E.3. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise physical custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. E.4. Flexibility: The parties shall be flexible and cooperate with each other to adjust their vacation schedules as may be necessary to accommodate special vacation plans, rental requirements, and the like. B.4. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. B.5. No Interruption: In the event a Parent is to have custody on two (2) physical custody periods, which immediately precede or follow each other that Parent shall have custody of the Child without interruption between the two (2) physical custody periods. B.6. Special Provisions Regarding Weekend Switching: The foregoing notwithstanding, if the exercise of any of the foregoing physical custody periods result in a Parent having physical custody for more than two (2) consecutive weekends, the Parents shall switch weekends so that neither Parent has physical custody for more than two (2) consecutive weekends. Otherwise the alternating weekend schedule shall not be modified. B.7. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. If such modification is in writing (including emails) which evidence the mutual agreement of both Parents, it shall be binding upon the parties to the extent and for the duration mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such signed written mutual agreement. B.8. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Child. C. ENTRY OF COURT ORDER: The parties authorize the Court of Common Pleas of Cumberland -4- County Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: 1Cet 't I - {SEAL} t KRISTEN N. FREEMAN, MOTHER Date: 76 G?1"r?la ?• !(r?t? {SEAL} TODD A. FREEMAN, FATHER Date: z -5- _. _._ t I ,p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTEN N. FREEMAN, Plaintiff v TODD A. FREEMAN, Defendant Nnv 0 2 2005 NO. C? 5 5^6 V 9 i t cal' 7;1-- CUSTODY ORDER AND NOW, this 4day of too v 20th, upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into this Order and entered as an Order of this Court the same of if fully set forth herein. BY THE COURT: J. Distribution To: Forney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 &JWendant: Todd A. Freeman, 1203 Gross Drive, Mechanicsburg, PA 17055 -1% 101- y >- M r_? . ? - . ?.LI C-? .. ? ?_ ,-,. La'-[ l .. ..L ?.1-. f ? _ ? ? ti ? ? C + ?lLl "` -?. .; L F ?? __ 4 O v-? i c? rv ?J 3/22/200610:41:55 W AWA= KRISTEN N. FREEMAN, PLAINTIFF V. TODD A. FREEMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2005-5649 CIVIL ACTION - IN CUSTODY PETITION TO CONFIRM CUSTODY AND NOW, comes the Defendant, Todd A. Freeman, by and through his counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Petition to Confirm Custody and in support thereof, it avers as follows: 1. Plaintiff is Kristen N. Freeman, who currently resides at 221 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Todd A. Freeman, who currently resides at 1203 Gross Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the parents of one child, Ashton James Freeman, born September 5, 1999. 4. Pursuant to a Stipulated Custody Agreement dated October 25, 2005, this Honorable Court entered a Custody Order dated November 4, 2005, incorporating the terms of the Stipulated Custody Agreement. 5. Defendant has been exercising overnight periods of custody on the stipulated Tuesday and Thursday evenings after his custodial weekend since on or about March 2005, which was approximately eight (8) months prior to the signing of the Custody Order. 3/22/200610:41:55 AM/AVL/smm 6. Defendant has been exercising overnight periods of custody on the stipulated Monday and Wednesday evenings preceding his custodial weekend since on or about March 2005, which was approximately eight (8) months prior to the signing of the Custody Order. On or about January 11, 2006, Plaintiff filed a support action against Defendant through the Cumberland County Domestic Relations Office docketed to number 00028 S 2006 and PACSES number 186107950. 8. On or about February 2006, Plaintiff refused to allow Defendant to have custody of the child overnight on his scheduled weeknights, despite the fact that the child had been spending the overnights with Defendant for almost a year. Defendant believes that it is in the minor child's best interests to continue overnight periods with Defendant pursuant to the schedule that has been in place for the past year. WHEREFORE, Defendant respectfully requests that this Honorable Court confirm Defendant's de facto periods of physical custody and modify the November 4, 2005 custody order to accurately reflect the custody arrangement in place since on or about March 2005. Respectfully Submitted, ?j, $y: Ann .Levin, Esquire I.D. #: 70259 James R. Demmel, Esquire 1.D.#: 90918 4431 North Front Street SMIGEL, DERSON & SACKS, LLP Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant Date: > _aa- l7 VERIFICATION I, Todd Freeman, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: L . ?.-04 Todd Freeman KRISTEN N. FREEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2005-5649 TODD A. FREEMAN, DEFENDANT CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Petition to Confirm Custody on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the -?oZ day of March, 2006, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 SMIGEL, ANDERSON& SACKS, LLP By: v Az) Ann V. Levin, Esquire LD.#: 70259 James R. Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant r? w 444- O V f? r...? t Z J;l KRISTEN N. FREEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD A. FREEMAN DEFENDANT 05-5649 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 06, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at _ D Manlove, 1901 State St., Cam Hill, PA 170] 1 on Friday, May 1-2, ? 2006 at 8.30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for envy of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greew, Esr._ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 jw ?? 1. h { 4 i is KRISTEN N. FREEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2005-5649 TODD A. FREEMAN, DEFENDANT CIVIL ACTION - IN CUSTODY ACCEP'T'ANCE OF SERVICE I, Diane G. Radcliff, counsel for Plaintiff Kristen N. Freeman, accept service of the Petition to Confine Custody on behalf of Plaintiff and certify that I am authorized to do so. Date: 5/6 J a liff, Esquire oad Camp Hill, PA 17011 JUN I C 2OUS i KRISTEN N. FREEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TODD ,4- FREEMAN, : NO. 05-5649 Defendant : IN CUSTODY COURT ORDER AND NOW, this 2-S, 1 day of June, 20069 upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the /i{ day of &,agaj", 2006 at _L Lm. At this hearing, the father shall 17 be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. ',Pending further Order of this Court, this Court's prior Order of November 4, 2005 is amended to reflect the following: A. Father's periods of time in midweek as set forth in paragraph 3(C) of the prior Order shall be expanded to be overnight each weekday pursuant to that schedule after which he shall return the child to daycare the following morning. Additionally, father's alternating weekend schedule under section 3 ti (B) of the prior Order shall be such that he may keep the child through Monday morning when he shall return the child to daycare. 61-, :1 ':;fj Nili Mz B. The above expansion in the custody schedule shall only take place during the summer months unless modified by Order of this Court after the hearing set forth above. e-G. Radcliff, Esquire V. Levin, Esquire ve? y?. 6U(a( l d Z 010 ,0 W BY THE COURT, KRISTEN N. FREEMAN, Plaintiff v A. FREEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 05-5649 : IN CUSTODY Prior Judge: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ashton James Freeman, born September 5, 1999. 2. A Conciliation Conference was held on June 2, 2006, with the following individuals in attendance: The mother, Kristen N. Freeman, with her counsel, Diane G. Radcliff, Esquire, and the father, Todd A. Freeman, with his counsel, Ann V. Levin, Esquire. 3. Father is seeking additional time with the minor child beyond the existing Custody Order. He suggests that the parties agreed to additional time and the status quo for many months was the father receiving additional time which worked out to about a 50150 custodial arrangement. Mother concurs that there were some times when the father saw the child more than the schedule provided in the custody Order. However, she does not admit it was a status quo and suggests that there are valid reasons for restricting the additional time, especially during the school year. 4. The parties are unable to reach an agreement and a hearing is required. However, it appears that the father should have some additional time during the summer months that will equal the 50150 schedule and the Conciliator recommends that Order be implemented now pending the hearing. Order as attached is recommended by the Conciliator. -? ?-Ufa DATE Hubert X. G' y, Esquire Custody Co iliator 7/17/20064:59:26 PM/AVUsmm KRISTEN N. FREEMAN, PLAINTIFF V. TODD A. FREEMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2005-5649 CIVIL ACTION - IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, Todd A. Freeman, by and through his counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Petition for Special Relief and in support thereof avers as follows: 1. Petitioner is Todd A. Freeman (hereinafter Father), residing at 1203 Gross Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Kristen N. Freeman (hereinafter Mother), currently residing at 221 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the parents of one child, Ashton James Freeman, born September 5, 1999. 4. The parties were before Hubert X. Gilroy, Esquire for a Custody Conciliation Conference on June 2, 2006. 5. An order was entered on June 23, 2006, which addressed custody of the minor child for the summer and a Custody Trial is scheduled for August 14, 2006 before the Honorable J. Wesley Oler. The order specifies shared legal and shared physical custody of the minor child. A true and correct copy of the order is attached hereto as Exhibit A. 6. Mother told Father on or about July 7, 2006 that she intends to move to Lemoyne to live with her paramour. 7/17/20064:59:26 PNVAVLsmm 7. Father has been contacted by the minor child, who has re-iterated Mother's intention to move to Lemoyne to be with her paramour. The child's call was on speaker phone with Mother audibly in the background, coaching the minor child on what to say to Father. 8. Father has been unable to communicate with Mother regarding the move. Mother has stated that it is "none of his business." 9. Counsel for Father faxed a letter to Diane G. Radcliffe, Esquire, counsel for Mother, on July 7, 2006, requesting information regarding Mother's move to Lemoyne. A true and correct copy of the July 7, 2006 letter is attached hereto as Exhibit B. 10. As of today's date, counsel for Mother has been unresponsive to Father's request for more detailed information. 11. Mother's move would put an unnecessarily large burden upon Father in regard to transportation and child care, putting his periods of shared physical custody in jeopardy. 12. The parties currently live within 1.2 miles of each other. 13. Mother's planned relocation will affect Father's time with the minor child in increased travel time and distance. 14. The minor child has indicated to Father his unwillingness to move and his dissatisfaction with Mother's decision. 15. It is believed that Mother has dated her paramour for only approximately 7 months and the minor child has not spent any overnights at Mother's house with the paramour present. The minor child has indicated previously instability in Mother's relationship with her paramour and on one occasion told Father that Mother and her paramour were "breaking up." 7/17/20064:59:26 PM/AVLsmm 16. Father does not believe Mother's relationship with her paramour is stable and that moving the minor child in with this man will be another traumatic event in the minor child's life. 17. The minor child will be entering the second grade this fall and has attended the Mechanicsburg Area School District for kindergarten and first grade. Lemoyne is in the West Shore School District. 18. Changing school districts is not in the child's best interests. Mother should not be permitted to move the child to a different school district without consultation and agreement from Father. Mother's current residence was formally the marital residence from the time of the child's birth. 19. The minor child's family, including but not limited to paternal grandparents, maternal grandmother and cousins all live within the Mechanicsburg borough. 20. The minor child will lose the support network currently enjoyed by him being in close proximity, within five minutes of, his grandparents, Father and friends. 21. The minor child's maternal grandmother currently provides day care for the minor child, which would cease with Mother's move to Lemoyne. Various family members currently play an active role in the minor child's and spend time with him because they all live in close proximity. A move to Lemoyne will negatively affect these quality time periods. 22. The minor child's continued participation in sports within the Mechanicsburg area would cease as a result of the move to Lemoyne. The minor child also attends two weekly church programs in Mechanicsburg. The child has attended this church since birth. 23. The minor child participates in the Mechanicsburg Park program and enjoys it very much. 7/17/20064:59:26 PWAVUsmm 24. Father believes the move is not in the minor child's best interests. The minor child should not be uprooted from the support network that surrounds him in Mechanicsburg. WHEREFORE, it is respectfully requested that this Honorable Court not allow Mother to relocate with the minor child pending the custody trial scheduled for August 14, 2006 and in the event Mother relocates, that primary physical custody of the minor child be awarded to Father immediately. Respectfully Submitted, SMIGEL, ER/S/ON & S CKS, LLP Date: "O jo By; V Ain? V. Levin, Esquire I.D.#: 70259- 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant VERIFICATION I, Todd Freeman, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 71/21V D Todd Freeman (k}6}, A ?x KRISTEN N. FREEMAN, Plaintiff v TODD A. FREEMAN, Defendant AND NOW, this 6 2006 234 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-5649 : IN CUSTODY COURT ORDER V U day of June, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled Co Room No. 1 of the Cumberland County Courthouse on the Iq A day o 2006 at ?&.m. At this hearing, the father shall be the moving party all proceed Initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the Issues currently before the Court, a summary of each parties position on these Issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Coart, this Court's prior Order of November 4, 2005 is amended to reflect the following: A. Father's periods of time in midweek as set forth in paragraph 3(C) of the prior Order shall be expanded to be overnight each weekday pursuant to that schedule after which he shall return the child to daycare the following morning. Additionally, father's alternating weekend schedule under section 3 (B) of the prior Order shall be such that he may keep the child through Monday morning when he shall return the child to daycare. B. The above expansion in the custody schedule shall only take place during the summer months unless modified by Order of this Court after the hearing set forth above. BY THE COURT, -1( 0 "A' ? a . I (ODA A Judge J. Wesley Oler cc: Diane G. Radcliff, Esquire Ann V. Levin, Esquire M res fm n ???FROM RECORD W my hhadd 1nd?o.4661 Hof aatd Cpurt h8rG n? a? Carltsie, Ps. ?,k, b)4- 13 SMIGEL, ANDERSON ANN V. LEVIN, ESQUIRE Q SACKS PHONE: (717) 234-2401 & LLP TOLL FREE: 1-800-822-9767 ATTORNEYS AT LAW FACSIMILE (717) 234-3611 EMAIL: alevin@sasllp.com www.sasup.com July 7, 2006 File No. 8838-1-4 TRANSMITTED VIA FACSIMILE- (717) 975-0697 Diane G. Radcliffe, Esquire 3448 Trindle Road Camp Hill, PA 17011 Re: Freeman Dear Diane: My client received a disturbing phone call today from Kristen and she said that she is moving to Lemoyne next month. Apparently, she is moving in with her boyfriend, with whom it is my understanding she has been dating for approximately six months. Todd had questions regarding the move and her boyfriend, but was told it was none of his business. Obviously, since this affects the parties' son, it certainly is his business. I would appreciate it if you would confirm immediately your client's intentions so that I can advise Todd and we can proceed accordingly. Todd is opposed to this move, in particular since it moves the child out of his current school district and away from family and friends. I look forward to hearing from you. Very t ly yours, Ann V. Levin AVL:smm 4431 North Front Street Harrisbure. Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP MEMORY,TFANSMISSION REPORT TIME ' ' ': 07-07-06 16:31 TEL NUMBER : 7I 72343611 NAME : SAS FILE NUMBER 859 DATE 07-07 16:30 TO 9750697 DOCUMENT PAGES 01 START TIME 07-07 16:30 END TIME 07-07 16:31 SENT PAGES 01 STATUS OK FILE NUMBER 859 *** SUCCESSFUL TX NOTICE *** SMIGEL, ANDERSON '?'r""?"?`'?s4?°p ?xol?>:. ttatl ass-anon SACI3:S I.L? TOLI. Fa88v 1-e00.eaa-av8'! wrr<.a?vsYa wT t..ww ?wcaxsstas ttan aaa-assn arvrwtL? .I?vtaw..na.aeta w.w.w.u?11a•°°aa July 7, 2006' HO" 8838-1-4 TRAlVSAtT'Z'ED VL4 FACSIMIZB- (717) 975-0d.07 Diane 6. Radcliffo, require 3448 Trindle lioatl. Camp Hill, PA 17011 Iiec Freamaa Dear Diana: My ouent rcc'Lvad a distutuinY phone csU today from Kristen and she said that abe is aaoving to Lemoyne next month. Apparently, she is moving in with her boyfriend, with whom it is my understanding she has been dating for approximately six montba. Todd had questions regarding the move and her boylYland, but was. told it was none ofbis business. Obviously, since this aflbets the parties' son, it certainly is his business. I would appreciate it if you would conflsm itnrnediataly your client"s intentions ao that I can advise Todd and v -c can proceed accordingly. 'Todd is opposed to this move, in particular since it moves the. child out of ltia current school district and away from family and *land.. I look forward to hearing from you. 'Very ly Your.. Ana V. Levin AOVY-:stnm 1 Nurth 1?'x°ne Aea.??, x?z?l?b a A?8NN9YLV ?1Q a LiAIII I ?AltTNEBattI? 7/17/20064:59:26 PWAVUsmm KRISTEN N. FREEMAN, PLAINTIFF V. TODD A. FREEMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2005-5649 CIVIL ACTION - IN CUSTODY CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Petition for Special Relief on counsel for Plaintiff by facsimile and by placing same in the U.S. Mail, first class, postage paid on the day of July, 2006, addressed as follows: DIANE G. RADCLIFFE, ESQUIRE 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 975-0697 SMIGEL, DERSON & SACKS, LLP By: V. Levin, Esquire I.D.#: 70-259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Imo..` ? It .{ q ? `_ -.... o ? ? ? KRISTEN N. FREEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TODD A. FREEMAN, . Defendant NO. 05-5649 CIVIL TERM ORDER OF COURT AND NOW, this 200' day of July, 2006, upon consideration of Defendant's Petition for Special Relief, the petition is denied, without prejudice to Defendant's right to pursue his position at the custody hearing scheduled for August 14, 2006, that Plaintiff's removal to Lemoyne is a factor adversely affecting the best interest of the subject of the hearing. Xane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff nnn V. Levin, Esq. 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant 1 :rc BY THE COURT, .. _ . r,? ?5{ ? ?;?+° °???,Bl _. .. ? . ?? . ?1'-J 11.:... OT-25-06 14:53 FROM-SAS 7/25x200610:10:45 AWAV1Jw= 7172343611 KRISTEN N. FREI,MAN, PLAINTIFF T-205 P.02/03 F-919 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2005-5649 DEPENDANT CIVIL ACTION - IN CUSTODY CUSTODY STIPULATION AND NOW, this 3 day of v , 2006, Kristen N. Freeman, Plaintiff (hereinafter referred to as "Mother") together with her attorney, Diane G. Radcliff, Esquire and Todd A. Freeman, Defendant (hereinafter referred to as "Father") together with his attorney, Ann V. Levin, Esquire h.eroby stipulate and agree to the following regarding Father's Petition for Special Relief filed on July 17, 2006: 1. Mosher shall not relocate prior to the August 14, 2006 custody hearing at which time the court shall docile whether relocation with the minor child shall occur. 2. The terms and conditions of the June 23, 2006 Interim Custody Order shall continue in full force and ef:ect. 3. The parties authorize the Court to enter an Order incorporating the terms of this v. TODD A. FREEMAN, Stipul tion. 'step N. Freeman odd A. r-- --.? J ? , t V __ ?? _: ? i? _ 6?e ?,•? __ OT-25-06 14:54 FROM-SAS W25,200610:10:45 AWA VL 19mm TIT2343611 T-205 P.03/03 F-918 KRISTEN N. FRE13MAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2005-5649 TODD A. FREEMAN, DEFENDANT CIVIL ACTION - IN CUSTODY ORDER AND NOW, this day of ? A 2006, upon the stipulation of the parties it is hereby ORDERED and DECREED that the terms and conditions and provisions of the attached custody stipulation executed by the parties and dated 2006 are adopted as an Order of Court as i f set forth herein t len rr// Aub 41 cc jc , ? e 2 ? i 7? S c BY THE COURT: O?? 'Y VINVAIASNN3d uNn?? ±?A.????wn? 00:6 WV 8- onv 4ou ?&IONOrUOW ?O 3JI1!C N KRISTEN N. FREEMAN, Plaintiff v TODD A. FREEMAN, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-5649 CIVIL TERM IN CUSTODY IN RE: PETITION TO CONFIRM CUSTODY ORDER OF COURT AND NOW, this 14th day of August, 2006, upon consideration of Defendant's petition to modify an existing custody order in the form of a "Petition To Confirm Custody" with respect to the parties' child, Ashton James Freeman (date of birth, September 5, 1999), and following an initial period of hearing, which has not yet been completed, held on August 14, 2006, the record shall remain open, and the Court will enter a temporary order in the matter pending a further hearing to be held on Thursday, November 30, 2006, at 9:30 a.m. It is noted that at the time of adjournment on today's date Plaintiff was being subjected to cross examination by Defendant's counsel. It is further noted that at the time of adjournment on today's date Defendant's Exhibits 1 and 2 had been identified and admitted, Plaintiff's Exhibits 2 and 3 had been identified and admitted, and Plaintiff's Exhibit 1 (a police report) had been identified, but not yet admitted b1NVAIASNN?d AiNtl?r'; n>,,.;,i"1r3JVf1'J E 1 :6 NV 91 9nv 9002 30174?":nlj 4 pending authority from counsel as to its admissibility. Both counsel have requested that the stenographer prepare and file the notes of testimony from the initial part of the hearing held on today's date. By the Court, .,,Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011-4436 For Plaintiff Ann V. Levin, Esquire River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1260 For Defendant V mae KRISTEN N. FREEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-5649 CIVIL TODD A. FREEMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10`h day of August, 2006, the order of court dated August 7, 2006, in the above-captioned matter is amended by the deletion of the words "The hearing scheduled for August 14, 2006, is cancelled," and the hearing on that date shall proceed as scheduled. BY THE COURT, V" , C J. esley Oler, ., J. ,etane Radcliff, Esquire For the Plaintiff veeRoy Smigel, Esquire For the Defendant :rlm J b f V VINVAWNN3d E 1: I I WV h l OnV 9001 A8VIONQr-U() 3d ;3Ht d0 3OLL40-0316 w t KRISTEN N. FRE MAN, Plaintiff V. TODD A. FREE , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5649 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY BEFORE OLER, J. TEMPORARY ORDER OF COURT ', this 15th day of August, 2006, upon consideration of Defendant's petiti to modify an existing custody order in the form of a "Petition To Confirm Custody," with respect to the parties' child, Ashton James Freeman (d.o.b. September , 1999), following an initial period of hearing held on August 14, 2006, it is ordered and directed as follows, pending a permanent order following further bearing scheduled for Thursday, November 30, 2006, at 9:30 a.m.: 1. Th parties shall share legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited t all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, re igious or school records, the residence address of the child and the other parent. To the extent one parent has possessio of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent Zin such reasonable time as to make the records and informof reasonable use to the other parent; 2. Thmother's relocation to Lemoyne, Cumberland County, Pennsylvania, is authorized; 3. Primary physical custody of the child shall be in the mother; MMASNN3d Z 1 =1 I Hv 91 OR 90OZ AdVI 7ryNvjN.lOdd?p3Hl dfl 7Jj?o to If 4. T mporary or partial physical custody of the child shall be in the ather at the following times: a. During the school year, (1) For one week out of every three, from Friday at 5:00 p.m. until Friday at 5:00 p.m.; (2) Overnight on Wednesdays of the non-custodial weeks from 5:00 p.m. until the commencement of school the following morning; b. During the summer, for one week out of every two from Friday at 5:00 p.m. until Friday at 5:00 p.m.; 5. otwithstanding the foregoing, physical custody of the child on a following days shall be as follows: Tha ksgiving Day: From after work on the Wednesday before Thanksgiving Day until 8:00 p.m. on Thanksgiving Day. (Even years - Father; Odd years - Mother) Ch stmas Day: From 8:00 a.m. on 12/24 until 11:00 (Fir t Halt) a.m. on 12/25. (Even years - Mother, Odd years - Father) Chr stmas Day: From 11:00 a.m. 12/25 until 8:00 p.m (Sec nd Hall) 12/26 (Even years - Father, Odd years - Mother) Day: From noon until 8:00 p.m. (Even years - Mother, Odd years - Mother) Day: From noon until 8:00 p.m. (Even years - Father, Odd years - Father) 6. Both parties shall be afforded reasonable telephone contact ith th e child while in the other parent's custody and for said purposes each parent shall provide the other parent with hi or her home phone number. Each parent, step-parent, or live-i mate shall not unreasonably interfere with the child's right to privacy during such telephone conversations, nor shall listen t that conversation on an extension telephone. Each It parent sh0l see that the child calls the other parent upon receipt of any phone messages requesting such a return call. 7. parent consum permit persons alcoholi of the c the chi] and/or c 8. be the r 9. deviatir THE CO. Thursday, Novei County Courthou BY THE COURT, Wesley Diane G. Radclif 3448 Trindle Roo Camp Hill, PA F Attorney for Plaii uring any period of custody or visitation, neither call possess or use any controlled substance, or alcoholic beverages to the point of intoxication, nor iy other household members and guests or other possess or use any controlled substance, or consume beverages to the point of intoxication in the presence ild. Further both parents are prohibited from giving alcoholic beverages or controlled substances to use n for purposes of custody exchanges shall of the party receiving custody. thing herein is intended to preclude the parties from from the terms of this order by mutual agreement. of the hearing in this matter is scheduled for 30, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland Carlisle, Pennsylvania. Esq. 11 Ann Levin, Esq. 4431 North Front Street Harrisburg, PA 1 110 Attorney for Defendant g, (( -oCo 06-1?t" KRISTEN N. FREEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 05-5649 CIVIL TERM TODD A. FREEMAN, Defendant IN CUSTODY IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. Wesley Oler, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, August 14, 2006, in Courtroom. Number One. APPEARANCES: Diane G. Radcliff, Esquire For Plaintiff A-In V. Levin, Esquire For Defendant ORIGINAL 1 r VIN'kfA'V,SNMd F: 1 :01 WV 1 Z d3S 9DOZ hi ViON')ruo8d 3HL d© FOR THE PLAINTIFF Kristen N. Freeman FOR THE DEFENDANT Todd A. Freeman 1] INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 60 93 6 33 56,60 59 2 INDEX TO EXHIBITS FOR THE PLAINTIFF Ex. No. 1 - police report Ex. No. 2 - photographs Ex. No. 3 - photographs MARKED ADMITTED 59 not admitted 72 106 79 106 FOR THE DEFENDANT Ex. No. 1 - photographs Ex. No. 2 - report card 21 104 21 104 3 0 0 1 THE COURT: Please be seated. This is the 2 time and place for a hearing on a Petition To Modify Prior 3 Custody Order filed by the Defendant, Todd A. Freeman, in 4 the case of Freeman versus Freeman at No. 05-5649 Civil 5 Term. The Plaintiff's counsel, Diane G. Radcliff, Esquire, 6 is present with the Plaintiff, Kristen N. Freeman, and the 7 Defendant's counsel, Ann V. Levin, Esquire, is present with 8 the Defendant, Todd A. Freeman. Are counsel able to 9 stipulate to some basic facts? 10 MS. RADCLIFF: Yes, we are, Your Honor. 11 THE COURT: All right. 12 MS. RADCLIFF: The first stipulation is the 13 name, addresses, dates of birth, and occupations of the 14 parties. The Plaintiff is Kristen N. Freeman, 15 F-r-e-e-m-a-n. She resides at 221 Locust Street, 16 Mechanicsburg, Pennsylvania. She's age 31, born September 17 23rd, 1974, and her occupation is a loan officer. 18 The Defendant, and moving party, is Todd A. 19 Freeman. He resides at 1203 Gross Drive, Mechanicsburg, 20 Pennsylvania. He's 36, born on May 28th, 1970, and his 21 occupation is a licensed journeyman. 22 The date of marriage of the parties was 23 April 3, 1999. Their date of divorce was November 1, 2005. 24 There are no remarriages of either party. Their date of 25 separation is in dispute. There will be testimony on that. 4 1 They have one child, Ashton, A-s-h-t-o-n, Freeman. He is 2 age 6, born September 5, 1999. Neither party have any 3 other children. 4 The existing order that is in effect -- 5 there are actually two orders. There was a November 4th, 6 2005, order which was modified at the conciliation by order 7 dated June 23, 2006. Those orders in combination provide 8 for shared legal custody, with mother having primary 9 physical custody and father having partial physical 10 custody. 11 The rights of partial physical custody were 12 on alternating weekends from Friday after work until Sunday 13 at 8:00, which was expanded until Monday a.m. in the 6/23 14 order. There were two midweek periods, Tuesday and 15 Thursday following Father's weekend, and Monday and 16 Wednesday following Mother's weekend. In the original 17 order it was from 8 p.m. -- it was from after work until 18 8 p.m., excuse me, which was expanded to the following 19 morning in the 6/23/06 order. 20 The parties also alternated Thanksgiving. 21 They had two segments of Christmas periods, which were 22 alternated. Mother had Mother's day, Father had Father's 23 day. And the order also provided for one week of summer 24 vacation time for each party. 25 THE COURT: All right. And the child's full 5 1 name is Aston James Freeman? 2 MS. RADCLIFF: That is correct. I'm sorry. 3 I missed the full n ame. 4 THE COURT: All right. Very good. 5 Ms. Levin, are you able to stipulate to all of those facts 6 on behalf of your c lient? 7 MS. LEVIN: Yes, Your Honor. 8 THE COURT: And, Ms. Radcliff, are you on 9 behalf of your clie nt? 10 MS. RADCLIFF: Yes. 11 THE COURT: Very good. Ms. Levin. 12 MS. LEVIN: I call Todd Freeman, Your Honor. 13 THE COURT: Okay. 14 Whereupon, 15 TODD A. FREEMAN 16 having been duly sworn, testified as follows: 17 DIRECT EXAMINATION 18 BY MS. LEVIN: 19 Q Mr. Freeman, would you please explain your 20 -- describe your re lationship with your son? 21 A It's a pretty good father, son relationship. 22 Since all of this h as happened, it's turning into a 23 friendship also. 24 Q What kind of things do you and A.J. do 25 together? 6 1 A Play a lot of football. Throw the football, 2 throw the base ball, basketball in my driveway. We do some 3 fishing every now and then, an occasional movie. Typical 4 father, son ac tivities. 5 Q And do you help your son with his homework? 6 A Yes. 7 Q Have you always done that? 8 A On my nights, yes. 9 Q Could you describe how you interacted with 10 your son prior to your separation from your ex-wife? How 11 involved had y ou been in his life? 12 A Pretty involved, I think. I mean I'm a lot 13 more involved than most people. I helped changed diapers 14 and ground up the food, you know. I played with him, 15 tickled him, a nd read him some books occasionally. I put 16 him to bed and gave him a bath, that kind of stuff. His 17 mother did as well. 18 Q Were you present at his birth? 19 A Yes. 20 Q Did you share in the food preparation when 21 he was growing up? 22 A Yes. 23 Q And when I say A.J., that's how you and your 24 ex-wife refer to your son; is that correct? 25 A Yes. 7 • i 1 Q There's some debate between you and 2 Ms. Freeman regarding when you and your -- when the two of 3 you separated. She has indicated that she believes in 4 2001. Your position is it's March of '05. Would you 5 explain to t he Court why you believe it's March of '05? 6 A Well, we were -- we spent some time apart 7 and then we would spend some time back together, and I know 8 for a fact t hat we reconsummated our marriage Easter -- the 9 Saturday pri or to Easter Sunday of 2004. We went to 10 counseling t hat Monday, and then she had said that it was 11 over. 12 Q So you were together Easter of '05? 13 A '04. 14 Q '04? 15 A Yeah. 16 Q Do you mean '04 or 105? 17 A I think it might be '05. I'm not sure. 18 Q Had you and A.J.'s mom been having 19 difficulty p rior to that though? 20 A Yeah. 21 Q And you did, in fact, buy a house; is that 22 correct? 23 A Yes. 24 Q How much time were you spending at the 25 marital home between '01 and '05? 8 1 A Two, three nights a week maybe. And then 2 there would be a period where -- it would be either a two 3 or three wee k period where I wasn't. We always seemed to 4 -- we always seemed to come back to each other. 5 Q What were your plans for the house that you 6 purchased? 7 A The plans for the house was to have her -- 8 have Kristen and my son move in with me and maybe use her 9 property as a rental property. 10 Q Did she help you work on that home? 11 A Yes. 12 Q When did you and your ex-wife first start 13 experiencing these difficulties in your first move out? 14 A That's tough to say. That probably would be 15 right around the 2001 time. 16 Q 2001? 17 A Yeah. We started to have difficulties. I 18 don't think either of us wanted it though. 19 Q Now, during these periods of on and off 20 separation, how much time were you spending with your son? 21 A I was probably with him 80 percent of the 22 time at that time. I picked him up every night at that 23 time. Every day after work. I got off a little earlier 24 than Kristen did. So I would pick him up and then make the 25 exchange with her after she got off work. 9 0 1 2 3 4 5 6 Q What was the schedule of custody at that time? A There was no schedule of custody at that time. We verbally agreed to do the 8:00 thing. Q And how many overnights were you spending with him? 7 A It's tough to say. That was a long time 8 ago. At least every other weekend. Sometimes during the 9 week. He wasn 't in school at the time so we kind of just 10 went - - we jus t verbally agreed. There was nothing set. 11 There was noth ing documented yet. 12 Q When did you begin a schedule of having your 13 son what I'm g oing to call equal amounts of time? 14 A Over the summer, after school. 15 Q The summer of what year? 16 A I don't understand. 17 Q When did you -- can you hear me okay? 18 A Yeah. 19 Q When did you begin having your son on the 20 overnights instead of -- rather than 8:00 p.m.? 21 A It was about April of '05. 22 Q Had you had him for any overnights prior to 23 then? 24 A No. Other than every other weekend. I 25 asked Kristen if I could keep him overnight, and she said 10 0 1 yes, on my nights. 2 Q So you were exercising this schedule that 3 you have no w back in 105; is that correct? 4 A Yeah. 5 Q How did your son do under that set schedule? 6 A He loved it. 7 Q Did you get him off to school? 8 A Yes. 9 Q And what are your hours of work? 10 A 7 to 3:30. 11 Q Is that Monday through Friday? 12 A Yes. 13 Q And what's the routine like at your house in 14 the morning s? 15 A We get up. I give him a shower at night so 16 that he can sleep a little longer. I get up and I take him 17 to my mom's house, and she keeps him until about 7:45 and 18 then takes him to work and then takes him to school. 19 Q And what time does school begin? 20 A 7:50. 21 Q So he doesn't take the bus? He gets driven 22 there? 23 A No. 24 Q Did A.J. have any problem with that in the 25 mornings? 11 0 1 A No. 2 Q Did you notice any change in his behavior 3 once he bega n having the overnight periods rather than 4 ending the n ight before at 8:00 p.m.? 5 A He seemed a little calmer. He had said that 6 he's glad he stayed overnight because his stomach wouldn't 7 be upset any more. 8 Q And why was his stomach upset? 9 A They were just moving into another house, 10 and he doesn 't really like it there, I guess, is what he 11 told me. 12 Q Are you talking about every sick comment 13 that the chi ld made? 14 A Yeah. 15 Q Now, there came a time when you ceased 16 having your overnights during the week; is that correct? 17 A Yes. 18 Q And when was that? 19 A I don't remember the date, but it was after 20 I filed a pa per to continue 50/50, and after it was signed. 21 THE COURT: What year was it? 22 THE WITNESS: That would have been '05. 23 THE COURT: And do you remember the month? 24 THE WITNESS: I think November. 25 THE COURT: Okay. 12 • 0 1 BY MS. LEVIN: 2 Q A.J.'s mom filed for child support; is that 3 correct? 4 A Yes. 5 Q And there was a hearing in that in February 6 of '06? 7 A I'm not sure. I really don 't know the 8 dates. 9 Q What happened just prior to that support 10 conference taki ng place? 11 A She took the 50/50 away and went back to the 12 original order. 13 Q But you had had 50/50 right up until then; 14 is that correct? 15 A Yes. 16 Q Because you just said that -- I believe you 17 indicated that the 50/50 ended in November of '05, but is 18 that not accura te? 19 A No. I filed the paper. I don't know when I 20 filed the paper . It should be documented. 21 Q That's okay. It seems like you're having 22 trouble with yo ur dates? 23 A Yeah. Well, there's a lot of dates. 24 Q I'm just trying to give the Court a time 25 line for when y ou had your overnights. 13 • 0 1 A Okay. 2 Q You had a starting point of March or April 3 of '05, and that continued until -- was it interrupted 4 before the - - it ended at the support conference or was it 5 interrupted before then? 6 A Before the support conference. 7 Q Why did she do that? Did she discuss it 8 with you or just call you? 9 A Just called. 10 Q And what was her reasoning? 11 A From what I can remember, it was because I 12 wanted her t o sign that paper. 13 Q And what was the paper? Do you recall? 14 A I wanted to continue the 50/50 that I had 15 with a verba l agreement with her. I wanted it documented. 16 I wanted her to sign it, and she refused. 17 Q Did you want to confirm in writing that you 18 had these ov ernights? 19 A Yes. 20 Q Did you indicate to her your disagreement in 21 the overnigh ts ceasing? 22 A Yes. 23 Q How did she respond to that? 24 A It didn't really matter. 25 Q How did A.J. react once the overnights ended 14 i i 1 during the week? 2 A Pretty much the same. He would tell me that 3 he wished he could stay over, but I said we have to obey 4 the rules. 5 Q What time does A.J. go to bed at your house? 6 A 9:00 during school and 10:00 over the 7 summer. 8 Q And is A.J. involved in any activities? 9 A Currently he's in football. 10 Q And what time do you pick him up after work? 11 A 4:30. 12 Q Is that from a sitter? 13 A Yes. 14 Q And what time does practice start? 15 A 5:30. 16 Q And what time does practice end? 17 A 8:00 during the summer, 7:30 during school. 18 Q And right now you continue to have him 19 overnights; is that correct? 20 A Yes. 21 Q So what do you and A.J. do then after 22 football practi ce is over? 23 A Come home, take the gear off, get in the 24 shower. Dinner's waiting for him when he gets out of the 25 shower. I don' t want him to eat before he goes to 15 1 football. 2 Q And how will that change if you have to 3 return him to his mother at 8 or 8:30? 4 A He probably will still be in his uniform and 5 we won't get to spend any time together. 6 Q Is his homework done at that point even? 7 A I haven't crossed that yet during football. 8 School didn't start yet, but his homework was done during 9 baseball. Baseball ended at 7:30, sometimes 8. 10 Q Was he involved in another sport? 11 A Baseball. 12 Q And when -- is that in the spring? 13 A Yeah. 14 Q And this past spring he was involved in 15 that? 16 A Yes. 17 Q And explain to the Court that schedule, 18 because I think at that time you were returning A.J. by 19 8:00? 20 A Yeah. Again, I would pick him up at 4:30. 21 Baseball would start about 5:15, sometimes 5:30. He played 22 until 7:30, 7 :45. That would leave me only 15 minutes 23 technically to get him home and get him changed and get him 24 fed and do his homework. 25 THE COURT: What school district is he in 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 • now? District. BY MS. LEVIN: Q A Q address? E THE WITNESS: He's in Mechanicsburg School THE COURT: And what grade is he in? THE WITNESS: He's going into second grade. THE COURT: Okay. And what elementary school is he in? Broad Street Elementary. How long have you been at your current A Since 2003. Q And can you -- do you own your home? A Yes. Q Can you describe it to the Court, please? A It's a bi-level, 3 bedroom, 2 bath, a fenced-in back yard, central air conditioning, new furnace. Q Is it in a development? A Yes. Q Are there other children in the development? A Yes. Q Any children that A.J. goes to school with? A Yes. Q Do you have any other family that lives in Mechanicsburg? 17 • • 1 A Yes. 2 Q Who would that be? 3 A My mother and father. 4 Q And they live together? 5 A Yes. 6 Q Can you explain their role in A.J.' s life, 7 please? 8 A They help out all they can. They t ry to see 9 him as much as possible. My mom actually takes A. J. for 10 one day a week. She works four 10 hour days, and on her 11 day off she takes A.J. with her. She's been doing that 12 since as long as I can remember. 13 Q Do you attend church with your son? 14 A Yes. 15 Q And is that on Sundays? 16 A Yes. 17 Q Do your parents also participate in that? 18 A Yes. 19 Q Is there another activity that your parents 20 take him to? 21 A There's a Kids Night in the fall. 22 Q What night is that on? 23 A It's a Wednesday night. 24 Q And do they take him to that every 25 Wednesday? 18 i • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yeah. Q Even if it's Kristen's week? A It has been going that way, yes. Q Who else lives in Mechanicsburg? A Her two sisters and her parents. Q Do you have a sister there? A Yes. She lives at home with my parents. Q Does he have cousins in Mechanicsburg? A Yes. Q And he's resided in Mechanicsburg since birth? A Yes. Q Who provides child care the other four days of the week after school? Your mom does one day a week. Who does the other four? A Kristen's mom. Q And how close do all of these people that you mentioned live to each other? A Within one to two miles. Q And how close were all of these people to the Broad Street Elementary School? A Her one sister's probably 100 yards, as well as my parents. Q How about her mom? A She's probably a half mile. 19 • • 1 Q Does A.J. walk to any of these houses after 2 school on occasion? 3 A Yes. 4 Q Who provides his child care during the 5 summer? 6 A His grandmother, Kristen's mom. 7 Q Does your mom continue to watch him? 8 A Yes, my mom also. 9 Q Does he go to any camps? 10 A There's a day camp at the local park that 11 he's been attending. 12 Q Has the child been involved in any 13 activities that you're not in favor of? 14 A Yes. 15 Q What would those be? 16 A Tai kwon do and football. 17 Q And why were you opposed to him 18 participating in those? 19 A A.J.'s a little -- he's larger than the 20 other kids. I didn't think he had enough dexterity to do 21 Tai kwon do. And football, I think he's a little too 22 young, althou gh now he's in it, and I think he really 23 enjoyed it. I think he would have been better about 8 24 years old ins tead of 6. 25 Q Did you express these concerns to Kristen? 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 A Yes. Q Did she enroll him over your objection? A Yes. Q How about Tae kwon do? Did she enroll him in that? A Yes. Q So even though you didn't support it though, did you take him to these practices? A Yes. Q And did you take him to his football practice? A Yes. Q And how many nights a week do they have football practice? A Every night. Q Five nights a week? A Five nights a week until the games start, and then it's three nights a week. Q Does he still do Tae kwon do? A No. Q Why not? A I don't know. She stopped -- Kristen stopped taking him, so I just stopped taking him as well. (Whereupon, Defendant's Exhibits 1 and 2 were marked for identification.) 21 i • 1 MS. LEVIN: May I hand these up? 2 THE COURT: Not until they're admitted 3 unless Ms. Radcliff has no objection. 4 MS. RADCLIFF: I have no objection, Your 5 Honor. 6 THE COURT: All right. 7 BY MS. LEVIN: 8 Q Could you please identify Exhibit Number 1? 9 A That's pictures of my house inside and out. 10 Q And were these pictures taken recently? 11 A Yes. 12 Q And could you just briefly identify the 13 different rooms that we see in the house for the Court? 14 A One is the kitchen. The next is my front 15 porch looking a cross the street. The next is -- I call it 16 my A.J. wall. Next is the dining room. There's the front 17 of the house. Pictures looking down my street, my back 18 yard, living room, bathroom, A.J.'s bedroom, my back yard. 19 Q A.J. has his own room? 20 A Yes. 21 MS. LEVIN: Your Honor, I have the 22 originals, Mr. Freeman's looking at those, but those will 23 be left for the Court for review. 24 THE COURT: All right. 25 BY MS. LEVIN: 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 • 0 Q Mr. Freeman, I've also marked Defendant's Exhibit 2, can you tell me what that is? A It's A.J.'s report card, third marking period. Q And when you received the copy of this report card, did you have any concerns? A Yes. Q What would those be? A The first concern being the total amount of tardies. The second concern was the one that says shows respect for authority. Q Would that be going from an S to an N? A Yes. Q And is the third marking period when the overnights were taken away? A Yes. The beginning of the third marking period. Q Any of these tardies occur while he was in your care? A No. Q The child is not late for school while in your care? A No. Q Did you get a copy of his last report card? A No. 23 • • 1 Q Are those typically provided to you, the 2 report cards? How do you get them? 3 A Usually we -- Kristen and I would exchange 4 them. I would be allowed to see them -- when I picked him 5 up, it was either -- either she picks him up or I pick him 6 up. Whoever i s with him that day, it's in his book bag. 7 If she gets it , she let's me see it. If I get it, I would 8 send it back h ome with him. 9 Q Do you have any other concerns about the 10 child and the child's routine at mom's house? 11 A Prior to the 50/50 arrangement we had it 12 would be no be dtime. You know, when we were together I 13 always wanted a bedtime, and I was just concerned with him 14 staying up lat e and not being able to make it to school. 15 Q Has that changed, to your knowledge? 16 A It's changed since she's moved into a new 17 house. 18 Q Now, she called you at some point recently 19 and indicated she wanted to move. Could you explain how 20 that occurred? 21 A She called me and said that she is moving in 22 with her boyfr iend in 30 days. 23 Q And when did she call you? 24 A July 4th. 25 Q And where did she say she was moving to? 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 Bosler Avenue in Lemoyne. THE COURT: What's the distance between the two homes, the one in Lemoyne and the one you have in Mechanicsburg? THE WITNESS: I would say probably 10 miles, but it's major congestion. THE COURT: And what's the distance now between the two homes? THE WITNESS: Probably less than a mile. THE COURT: All right. And is Lemoyne in Cumberland County? THE WITNESS: Yes. THE COURT: Ms. Levin. BY MS. LEVIN: Q If the minor child moved and his mom obtained primary custody, would he need to change school districts? A Yes. Q And how do you feel about that? A I don't like it. Q Excuse me? A I don't like it. Q And why is that? A Because he's -- all his friends are -- he already has friends established. All his cousins will be 25 i • 1 attending the same school he's at, the same school 2 district. He would be going to school with all of his 3 cousins and all his friends he already has. He would be 4 pulled out of football, and he would be away from his 5 aunts, his uncles, his grandparents. 6 THE COURT: What is the new school district? 7 THE WITNESS: I'm not sure, sir. I believe 8 it will be West Shore School District. 9 THE COURT: All right. Ms. Levin. 10 BY MS. LEVIN: 11 Q If the Court awards a shared physical 12 custody schedule like you have in place now, where would 13 you want A.J. to attend school, assuming that Kristen went 14 ahead and moved to Lemoyne? 15 A I would like to have him in Mechanicsburg. 16 Q Now, if the Court provides for a schedule 17 that would have the child returning to mom's care 8 or 8:30 18 on your nights, and mom does move to Lemoyne, how will that 19 impact the evenings that you have with A.J. after school? 20 A We won't have a lot of time to spend 21 together. If he's in Lemoyne, he would no longer be in 22 football at Mechanicsburg so we would have a little bit of 23 time, but it would cut down greatly on my time with him. 24 I don't know where he's going to be staying either. His 25 grandmother already says she can't watch him. So I don't 26 r i 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 know where I would pick him up or at what time I would pick him up. I don't even know if that's been -- if Kristen has done that or not. Q Are you familiar with the traffic patterns between Mechanicsburg and Lemoyne in the morning? A Yeah. Q And what are your comments on that? A It's always backed up. It would be -- if the Court will allow me to have overnights, I would have to really -- I would have to do it, but I would have to really leave early to get him to school on time. Q That's if he switched school districts? A Right. Q Now, if the Court would allow mom to move, but indicated that A.J. needed to stay in Mechanicsburg, would you be willing to accept more responsibility, more time with A.J. then even half? A Yes. Q Has the child expressed any concern about moving? A He tells me he doesn't like it. Q Does he say why? A He said that he doesn't like the bedtime he has to go to bed at. He was acting up the other night and he said he had to -- they put him to bed at 8:30, and I 27 1 asked him why, and he said, Butch's house, Butch's rules, 2 and he doesn't like Butch's rules. 3 Q You said the child was complaining about a 4 nervous stomach. What was that? Can you expand on that a 5 little bit? 6 A All he did when he came in was he said that 7 he was glad he was staying over at daddy's house because 8 his stomach wo n't be upset anymore. 9 Q And what was the time frame on this? 10 A It was right after -- that was right about 11 the time that they were moving. He was already staying in 12 Lemoyne. 13 Q How are your phone conversations with your 14 son while in m om's care? 15 A I can't really say anything to him. He's 16 always on the speaker phone. 17 Q How do you know the child's on speaker 18 phone? 19 A Because every time I say something to him, 20 she always ans wers. 21 Q Did A.J. tell you about the move himself? 22 A Yes. 23 Q And how did that take place? 24 A Well, first -- first Kristen had called and 25 then she had A .J. call me and tell me that he was moving 28 0 0 1 into Butch's house. And I assumed that it wouldn't be for 2 30 days, and then the next -- the very next week they were 3 living there. A Q Has Ms. Freeman indicated she's living there 5 or staying the re? 6 A She said she's just staying there. 7 Q When did she tell you that? 8 A A couple days ago, I think. 9 Q And we have a stipulation saying she won't 10 move; is that correct? 11 A Yes. Until after today. 12 Q Now, the prior home -- the home that she 13 still calls a residence is still in Mechanicsburg; is that 14 correct? 15 A Yes. 16 Q And that's the home -- you used to live 17 there with her and A.J.? 18 A Yes. 19 Q And would you describe that home? 20 A It's totally redone. We bought it. It was 21 in pretty bad shape, and we put our nose to the grindstone 22 and fixed the place up. 23 Q And did he have his own room there? 24 A Yes. 25 Q And does A.J. have any pets? 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 A One dog. Q Did he have more than one dog? A Yes. Q What happened with the other dogs? A One Kristen and A.J. took to the vet and had it put to sleep. Q Why did that take place? Was he ill? A Not that I know of. I asked her when we first separated if I could take the dog and she said no. Then she decided -- she had A.J. call me and ask me if I would take the dog, and I said yes. I had already since gotten another dog. The dog was there. I couldn't handle two dogs. So I sent the dog back, and the next day she had it put to sleep. He was perfectly fine at my house. And then she had a puppy also that she had bought after I left, and it was A.J.'s birthday present. She had since given that away too because Butch didn't want it in his house, is what A.J. told me. Q How does the child handle these changes? A I'm not sure. He's only 6, you know. I'm sure he doesn't like it, but he tells me he's upset about -- he said his mommy lied about the puppy being his. He wished his mommy wouldn't have gotten rid of the puppy. Q Did you have a house dog? Is that what you have? 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 A Yes. Q Where is the dog at Butch's house, that you know of? A It's there. There's no fence. He keeps it chained outside. At least that's what A.J. tells me. Q Have you attended the child's parent teacher conferences or had contact with teachers? A I did not attend the last conference. It was in the middle of the day, but I do -- I am friends with the reading teacher. I keep in contact with her on the phone. Q Does she give you updates on his progress? A Yes. Q Does he have issues with reading, A.J.? A Yes. Q Do you work with him on that? A Yes. Both of us do. Q And you go to church with A.J. every week even if it's not your weekend? A Yes. Q How would that be impacted if mom relocates to the Lemoyne area? A Well, we would have to drive to Lemoyne to pick him up on the weekends that he's at Kristen's house. The other days I would have him in Mechanicsburg, on the 31 • • 1 other weekends. 2 Q Would his Wednesday night kid club activity 3 be the same thing? 4 A Yes. But if we go to Kids Club and he lives 5 in Lemoyne, Kid's club is over about 8:30. 6 Q Okay. 7 A And I would have to -- he wouldn't be home 8 until probably a little after 9. 9 Q Does he enjoy the Kids Club? 10 A Yes. 11 Q And how long's he been doing that? 12 A It's a new thing they started last year. 13 Q So he did it all last year? 14 A Yeah. 15 Q If she is permitted to move and for some 16 reason the Court does not provide you with overnights, how 17 do you feel about the transportation of the child back and 18 forth? 19 A I don't know how it's going to work, but 20 I'll do the best I can. 21 Q Do you have any feelings on who should be 22 responsible for transportation one way or the other? 23 A I think Kristen should be responsible. 24 After all, she's the one moving. She has every right to 25 move, but h e also has a right to be with me. 32 I Q Okay. Would you explain to the Court just 2 briefly why you feel that an equal arrangement that you had 3 -- you're actually exercising now should continue through 4 the school year and all year round? 5 A Well, first of all, A.J. likes staying over. 6 He likes playing in the yard. He likes playing out front. 7 Bedtime's at 9:00. You know, if I have to drop him off at 8 8:00, it's only another hour. I don't see any point in 9 rushing around and dropping A.J. off at another spot before 10 he goes to bed. I think it would be in his best interests 11 to stay where he's at. 12 MS. LEVIN: I have nothing further. 13 THE COURT: Ms. Radcliff. 14 CROSS EXAMINATION 15 BY MS. RADCLIFF: 16 Q I would like to go back over the schedule as 17 it was. Is it true that in 2001 that the two of you 18 stopped living together? You had a separate residence, and 19 Kristen had a separate residence? 20 A I didn't buy the house until 2003. 21 Q Well, where were you living in 2001? 22 A 221 West Locust Street. 23 Q So you're saying in 2001 you had no other 24 place that you were staying? 25 A No. 33 • 1 Q So before you had indicated in direct 2 examination that you were there two, three nights a week. 3 Where were you the other two nights a week or other four 4 nights a week? 5 A I was staying at a friend's house in 2002. 6 I bought my ho use while living with him in 2003. 7 Q Okay. So from 2003 forward you had a 8 separate residence; is that correct? 9 A Yes. 10 Q And when did you buy your house in 2003? 11 A March, I believe. 12 Q And from that point forward, until you 13 started having the extra overnights, A.J. was living with 14 Kristen; is th at correct? 15 A Yes. 16 Q And is it not true that the extra overnights 17 that you had g otten for your midweek periods started during 18 the summ er of 2005, not in April? 19 A No. 20 Q After he was out of school? 21 A He was in school. 22 Q And in September of 2005 you signed a 23 custody stipul ation, did you not? 24 A Yes. 25 Q And I believe your signature on that was 34 1 dated the 27th of September. Would that be about right? 2 A I guess. I'm having trouble with dates, 3 there's so many. 4 Q And in that stipulation you agreed that your 5 midweek evenings would only be until 8:00; is that correct? 6 A Yes. 7 Q And you also agreed that your alternating 8 weekends would end at 8:00 on Sunday; is that correct? 9 A Yes. 10 Q And is it also not true that after you 11 signed that stipulation that that schedule remained the 12 same until about November? 13 THE COURT: November of what year? 14 MS. RADCLIFF: November of 2005. 15 BY MS. RADCLIFF: 16 Q But that your evenings were ending at 8:00? 17 A It would have been March. After she filed 18 for divorce, I wanted my son around me a little bit more, 19 and she agreed to allow me to have him overnight. 20 Q March of what year? Let's go back because I 21 think you're getting confused. You testified that before 22 school was out in 2005 you started getting your Tuesday and 23 Thursday or Monday and Wednesday midweek periods overnight? 24 A Correct. 25 Q And that went through the summer; is that 35 1 correct? 2 A It started in kindergarten and went into the 3 summer and into first grade. 4 Q And then in September of 2005, is it not 5 true that he went back to the 8:00 when you signed this 6 stipulation for a period of time? 7 A It went back to the original agreement after 8 I had the 50/50 sent to Kristen. 9 Q Right. No. It went back at the beginning 10 of school for the school year 2005, 2006; isn't that 11 correct? Just for a period of time? 12 A No. I kept him after school started, and 13 then she took it away. 14 Q So you're telling me that when you signed 15 this stipulation in 2005, which ended your periods of time 16 at -- by it's terms at 8:00 on your mid-weeks and 8:00 on 17 Sunday, that you were having him overnight during that time 18 already? 19 A Yes. 20 Q Isn't it true that that expansion didn't 21 take place again until November of 2005? That there was a 22 period between September and November when you were back at 23 the 8:00 return time? 24 A That I don't know. It seemed -- it just 25 seemed like I had him all the time. 36 1 Q Okay. So you don't remember? 2 A I don't remember, no. 3 Q Now, you were talking about your schedule. 4 Where do you work? 5 A I work for Herre Brothers. 6 Q And what time is your normal start time at 7 Herre Brothe rs? 8 A 7:00. 9 Q And Herre Brothers is located where? 10 A Enola. 11 Q And what time do you have to leave home if 12 you're not t ransporting -- what time do you have to leave 13 home to get to work at 7:00? 14 A It varies. It depends on the job we're on. 15 Q Okay. 16 A We don't -- I don't work in Enola, I work at 17 various job sites around the area. 18 Q Okay. And Herre Brothers -- do you ever go 19 to the Herre Brothers site in Enola? 20 A Yes. 21 Q And the Herre Brothers site in Enola really 22 isn't that f ar from where Kristen wants to move to; is that 23 correct? 24 A It's off Wertzville Road. 25 Q Oh, so how far do you think the Herre 37 • • 1 Brothers is from Bosler Avenue? 2 A Oh, I don't know. Twenty minutes. 3 Q Okay. And when you -- when you're going to 4 other sites, how far away do you go? I mean you went to 5 Lancaster at one point? 6 A Yeah. 7 Q And how long did your job in Lancaster last? 8 A It's actually still going. It's getting 9 ready to be finished up. 10 Q And when you go to Lancaster, what time do 11 you have to report to work? 12 A I go pick up a truck. I pick up a company 13 truck, and I usually do a little work at the shop. They 14 don't even g et there until 7:00. So I'm usually not in 15 Lancaster un til 8:00. 16 Q Okay. 17 A Technically I start at 7:00. 18 Q 7:00 in Lancaster or 7:00 -- 19 A 7 in Enola. 20 Q In Enola? 21 A Yeah. 22 Q And so you leave your house around what time 23 to get to -- 24 A It takes me ten minutes to get to Herre 25 Brothers. So about -- lately I've been going in a little 38 0 i 1 earlier. It varies. Anywhere from 6:30 to 7:00 I'll 2 leave. 3 Q Okay. And on the mornings that -- at least 4 during the summer that you've had your son, where do you 5 take him? 6 A I take him to my mom. 7 Q And your mom works? 8 A Yes. 9 Q And where does she work? 10 A She works at an orthodontist office. 11 Q And what time does her day start? 12 A Her day starts at 7. 13 Q And so you drop him off at say quarter of, 14 twenty of? 15 A Probably a little later. Probably ten of. 16 It only takes her five minutes to get to work. 17 Q And then she takes him to work with her? 18 A Yes. 19 Q And then how long does she keep him? Does 20 she keep him all day or does she take him somewhere else? 21 A She takes him to the park or she'll take him 22 to Kristen's mom's or sometimes he just says, I want to 23 stay here all day. They have an arcade in the room there. 24 Kids are comi ng in and out all of the time. 25 Q So there are some times when he stays at 39 0 • 1 work with her all day, and there's some times when he goes 2 over to Kristen's mother's house? 3 A Yes, and sometimes in the park. Whatever he 4 wants to do. 5 Q Okay. Does she have a set work schedule? 6 How many days a week does she work? 7 A Four days a week. 8 Q So the days that she takes him to the park, 9 is that only on her day off? 10 A Sometimes. Sometimes no. 11 Q And how many days does -- on an average, has 12 she been keeping him at work with her? 13 A Maybe one day, but he'll -- she'll have him 14 call me -- I don't know if she has him call Kristen, but 15 he'll call me and say, I've decided to stay at the office 16 today instead of going to camp. 17 Q And does she then take him directly to camp 18 or to Kristen's mother's house? Who then takes him to 19 camp? 20 A My mom takes him to the camp usually. 21 Q And how long does he stay at the camp? 22 A It's up to him. Sometimes 12:30, sometimes 23 2:30. I always ask him the night before, because if he 24 stays until 2:30 he has to pack lunch, and then we contact 25 his -- Kristen's mother and tell her what he's doing so she 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 knows when to pick him up. Q And then she picks him up at the end of camp? A Either camp or picks him up at the pool or something like that. Q Was it any different -- obviously, he wasn't in camp during that time period that you had him when he was in school; is that correct? A The only thing that was different was -- the drop off was still the same except my mom would take him to school. Q And that would be after she takes him to work first and then to school; is that correct? A Yes. Q And what time does school start in the Mechanicsburg School District? A 7:50. Q And what time does school start, if you know, in the West Shore School District? A I don't know. Q When you found out that Kristen wanted to move in with her boyfriend, did you try to do any investigation whatsoever with the school district that he would be attending there? A I asked her what she was doing with school. 41 • • 1 She said we will have to discuss it. I don't know where 2 child care is. All I know -- I called her mom and she said 3 she wouldn't be able to watch A.J. 4 Q So mom, for the coming year, is no longer an 5 option for day care; is that correct? 6 A Correct. 7 Q So A.J.'s schedule would be changing 8 regardless; is that true? 9 A No. She can't watch him because Kristen is 10 moving. 11 Q And if he's -- is that because she just 12 won't make the drive or if Kristen drops the child off to 13 her house, are you telling me that she's unwilling to watch 14 the child any longer? 15 A She told me that if A.J.'s attending Lemoyne 16 -- she already watches her other grandkids. They all 17 attend Mechanicsburg. There's not enough time between -- 18 for them to get home and that she can drive to Lemoyne. If 19 Kristen would drop him off, I would assume that she would 20 still continue to watch him. 21 Q So it's still a possibility, depending on 22 what Kristen's willing to do, but that particular day care 23 arrangement may not change at all? 24 A Depending what she wants to do, yes. 25 Q And Kristen, to your knowledge, has a lot of 42 • • 1 flexibility in her schedule? 2 A Yes. 3 Q And similarly, during the summer, there's no 4 real reason why the child cannot still attend the same park 5 program; is that correct? 6 A That's correct. 7 Q Now, during the -- let's go onto the school 8 year. I'm talking about last year for those couple of -- 9 that month or so that you had the child overnight. How was 10 your schedule different that time? 11 A The only difference was -- different as far 12 as what? 13 Q Well, you would get up, you would take the 14 child to your mom's? 15 A Yeah. You mean how would it be different if 16 he was in Lemoyne and I had him overnight? 17 Q No. I'm talking about how was his schedule 18 different from the summer schedule where -- he couldn't be 19 in the park program. Where did your mother take him while 20 she was working? 21 A School. 22 Q And he was in kindergarten? 23 A Yes. 24 Q Was he in a full day or a half day 25 kindergarten? 43 • • 1 A Half day. 2 Q So was he in morning or afternoon? 3 A Morning. 4 Q So where would the child go for the 5 afternoon after -- 6 A Kristen's mom's. 7 Q And would you then pick him up from 8 Kristen's mother's house? 9 A Yes. 10 Q Did you ever have to -- when you're working 11 out of town, do you ever have to leave earlier than say 12 6:30 in the morning to get to work? 13 A No. They're pretty lenient with me. 14 Q So you've never had to leave earlier in the 15 morning, is that your -- did you ever have to leave earlier 16 in the morni ng to get to work? 17 A There was one time when I worked at 18 Chambersburg when Kristen and I were still together that I 19 did have to go in at 4:00 a.m. 20 Q Over this past month, have there been a 21 couple of ti mes where you told Kristen you had to leave 22 between 4:30 and 5:30 in the morning to get to work? 23 A No. 24 Q Now, you were talking about your son having 25 an upset stomach. Have you had him to the doctor for this 44 • • 1 condition? 2 A No. 3 Q Was there a time when Kristen suggested that 4 the child have some counseling? 5 A Yes. 6 Q Because of what he was going through. And 7 you disagreed with that? 8 A I didn't think he needed counseling. 9 Q So in spite of the fact that you're saying 10 he has a stomach ache and problems with all of this going 11 on, you didn't take him to the doctor, and you didn't think 12 he needed any counseling? 13 A I didn't take him to the doctor because he 14 said that his mommy was giving him rolls of rolaids, and he 15 said, my stomach doesn't hurt at your house. 16 Q Now, I was a little confused over your 17 testimony about the child's normal bedtime. Is the child's 18 normal bedtime at both houses now 9:00? 19 A Mine's at 10:00 over the summer. When I had 20 him over school it was 9:00. 21 Q To your knowledge, at both houses is that 22 about the same? 23 A To my knowledge, there is a bedtime now. 24 Q And the time you were referencing that he 25 had to go to bed earlier, at 8:30, were you aware of the 45 • s 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 fact that that was a punishment for having misbehaved? A Yes. I don't know how he was misbehaving. He was by himself. Q But you were aware that the change in the bedtime was because of a punishment? A Yes. Kristen had said that, yes. Q Now, your football season that you were talking about, that runs from when to when? A I don't know. Q Have you been in touch with the coaches or? A Yeah. I just -- I have his schedule. I take him to practice. It doesn't matter how long. I didn't ask how long it lasted. Q And you don't recall reading the schedule to see when it ended? A No. I'm not concerned with when it ended. Q And when he's in football, based on the way you described it to me, do I assume correctly that he doesn't go to his Kids Night at church? A He won't be going, no. Q Because of football? A Right. Q And also during the baseball season, there's a slight interference, depending on the number of practices, with Kids Night too? 46 i i 1 A I don't think Kids Night is going on when 2 baseball is i n, actually. I think Kids Night is in the 3 fall and wint ertime. 4 Q So other than the interference during 5 football, is there any reason that you know that the child 6 still couldn' t go to Kids Night at church if Kristen helps 7 with the tran sportation? 8 A No. 9 Q Have there been -- 10 A Unless it's my night. Then if I have to 11 have him home at 8:30, Kids Night is over at 8:30. 12 Q And do you think that Kristen is that 13 unreasonable that she won't allow you to have him a little 14 bit later to finish up Kids Night and bring him home? 15 A No. But then he has to do his homework and 16 stuff after Kids Night. 17 Q And -- 18 A And be in bed at 9:00. 19 Q What time does Kids Night start? 20 A I think it starts about 6:00. 21 Q And what time do you normally get him? 22 A 4:30. 23 Q And you don't think he could get his 24 homework done before 4:30 and 6:00? 25 A I think I could. Last year he didn't want 47 0 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 to do it right after school. Q Well, if his normal bedtime is 9:00, and you -- and he was going to Kids Night, was it also always not a problem with regard to homework and getting it done? A No. Q So what would be different now? You don't normally have him doing his homework a half an hour before he goes to bed, do you? You do it early? A Right. It would be different because I would have to spend from 4:30 to 6:00 doing his homework and reading, and then obviously feeding him, and there's no quality time there. Q So you don't think sitting down and having a meal with your child is quality time? A Yes, I do, but it wouldn't be the whole hour and a half. Q And do you think that doing homework with the child is quality time? A Yes. The child doesn't believe that though. Q Have you been to -- let me scratch that. You had a conversation with Kristen not too long ago regarding meeting her boyfriend? A Yes. Q She offered you to do that? A Yes. 48 • 0 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 To set a time to do that? A Yes. Q And you responded that you weren't going to? A I told her that I didn't want to meet him, and I thought she was only doing this because of our hearing. Q Do you not think it's important for you to try to have a civilized relationship with somebody who's going to be in your son's life? A Yes, I do think it's important. Q Do you not think a furtherance of that relationship would be actually meeting and saying hello or trying to find out something about this person? A Yes. I have asked Kristen previously about him, and she told me it was none of my F'ing business. Now all of a sudden she wants me to meet him. Q Isn't it true that the statement about it being none of your business was what she was going to do with her home and not about meeting Butch? A Previously before she even moved in I was asking her about him, and then that was none of my business, and also the home was none of my business. Q Now, during the course of your marriage you had a rather severe drinking problem, did you not? A In Kristen's eyes, yes. 49 9 • 1 Q And you, in fact, went to counseling? 2 A I went to counseling because she wanted me 3 to go to counseling. 4 Q And you've had at least two suicide threats? 5 A In a hasty -- when all of my buttons are 6 pushed -- in fact, I think I told her it's hard to get 7 money from a dead man. 8 Q And on way back when, the original one, you 9 took too man y pills and you had to have your stomach 10 pumped; is t hat correct? 11 A I was 19 years old. 12 Q Yeah. And then subsequently last summer you 13 threatened t o do yourself in; is that correct? 14 A I was mad. 15 Q And you -- 16 A I didn't think about it doing it. I told 17 her -- I was upset about the child support, and I told her 18 it was hard to get money from a dead man. 19 Q And, in fact, Kristen was so concerned about 20 your threat that she called the police; is that correct? 21 A She called the police. 22 Q And your parents took you over to Holy 23 Spirit Menta l Health? 24 A Yes. 25 Q And during your conversation with the 50 0 9 1 police, did you not agree that you had a severe drinking 2 problem? 3 A I don't know. 4 Q Is it true that subsequent to Kristen 5 telling you that she was planning on moving in with her 6 boyfriend th at your biggest concern has been the distance 7 of the move? 8 A If it was a country road the distance 9 wouldn't mat ter, but all the traffic in that area -- 10 Q And the distance really is only about 8 11 miles; isn't that true? 12 A I guess. 13 Q And it only really takes about 15 minutes to 14 get from you r house to her house? 15 A I don't know where she lives. 16 Q And would your concerns about the distance 17 be solved if say you met half way or you expanded your 18 visitation t ime so you had a little extra time to 19 accommodate that transportation? 20 A I don't want to prevent her from moving, I 21 just want to be able to keep spending time with my child. 22 Q Right. So if you lose say 15 minutes to a 23 half an hour in transportation, if your time's expanded to 24 add that ext ra half an hour, you really haven't lost 25 anything; is that correct? 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Technically, no. It all depends on how it would be enforced. What I don't want to happen is to show up late a couple of times and then we try to get it changed, and I don't get to see him at all. Q And you don't know -- you're not in here testifying that there's anything wrong with the West Shore School District or the school that he would be attending if he's permitted to go to school where Kristen now lives? A The only thing I'm worried about is he's going to lose his friends that he already has. Q Can you tell me who his friends are? THE COURT: I'm sorry. I didn't hear that. BY MS. RADCLIFF: Q Can you tell me who his friends are? A There's Jeremy in my development. There's a Brandon in my development. There's a Braden who's about half a mile away from my house. He's a classmate, but he doesn't live in my development. All his cousins are there. Q And when you say that he would go to school with his cousins, in fact, only three out of the six cousins go to the Mechanicsburg School District; is that true? A The other three aren't old enough. They will be going. Q And the losing -- 52 1 A None of them go to West Shore. 2 Q Jeremy, Brandon, and Braden, he would still 3 have an opportunity to see them when he's with you; is that 4 correct? 5 A Right. During our little meal time and 6 homework time, I guess. 7 Q And is Jeremy in his school? Does he go to 8 the same grade? 9 A I think so. I think so, yeah. Jeremy's one 10 of the new kids that have been coming around. 11 Q But do you know how old Jeremy is? 12 A I think Jeremy is 6 years old. 13 Q Is there more t han one second grade class in 14 Mechanicsburg where he goes? 15 A Yes. 16 Q How many? 17 A There's two. 18 Q So do you know whether he's going to be in 19 his same class if he continues on at Mechanicsburg? 20 A I don't know. You'll have to ask Kristen. 21 I think she re ceived a letter. 22 Q And what about Brandon? How old is Brandon? 23 A Brandon's also 6. Well, Brandon just turned 24 7. He'll be 7 next month. 25 Q And let me go b ack. Was Jeremy in his class 53 1 last year? 2 A I don't know if he was in his class last 3 year. 4 Q Okay. And was Brandon in his class last 5 year? 6 A Yes. 7 Q And do you know whether he's going to be in 8 his class this year? g A I don't know. I didn't receive the paper. 10 Q And does -- you said Braden? 11 A Braden, yes. 12 Q Was a classmate? 13 A Yes. 14 Q Last year? 15 A Yes. 16 Q But you don't know whether he's going to be 17 in his class this year? 18 A No. I don't have the paper. 19 Q And who's his teacher going to be for next 20 year if he goes to Mechanicsburg? 21 A I don't have the paper. I tried to get the 22 school to send me two of everything, but they haven't 23 complied yet. 24 Q Did you go over to the school to try to get 25 the information directly? 54 1 A I went over to the school last year when I 2 got A.J.'s a ttendance record. I told them that I wanted 3 everything - - I wanted two copies, one to me and one to 4 Kristen. 5 Q This year did you go? 6 A Not yet. 7 Q Now, with regard to your involvement in 8 school, it's true that you've never gone to any parent 9 teacher conf erences? 10 A I went to kindergarten. 11 Q Which one? Is there one or two? 12 A There was two. 13 Q And you only went to one of them? 14 A That I'm not sure of. I know I went to the 15 open houses and stuff like that. 16 Q And did you ever offer to sit in and help 17 out in his c lass like Kristen did? 18 A I did a couple of times, yes. 19 Q But not regularly like she did? 20 A No. I don't have a schedule to allow me to 21 do that. 22 Q And is it also fair to say that the majority 23 of the medical appointments, that's what Kristen did? 24 A Yes. 25 Q And you didn't attend those; is that 55 I correct? 2 A No. 3 Q And when you say that you felt that Kristen 4 has moved, are you aware that she still has her home and 5 all of her stuff is still at her home? 6 A I'm aware, yes, but I know they ran out of 7 applesauce and she stopped by to pick that up. g Q And when you were talking about the dog 9 having to be put down, were you aware that that was 10 recommended by the vet because the dog was aggressive? 11 THE COURT: Because the dog was what? 12 BY MS. RADCLIFF: 13 Q Aggressive? 14 A The dog wasn't aggressive with me. 15 Q I asked you were you aware that the vet 16 recommended he be put down? 17 A No, I was not aware. 18 MS. RADCLIFF: That's all I have. 19 THE COURT: Ms. Levin, we're about at the 20 midpoint in th e morning. 21 MS. LEVIN: Thank you, Your Honor. I have a 22 few questions. 23 REDIRECT EXAMINATION 24 BY MS. LEVIN: 25 Q Todd, was there a time after -- during one 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 of your periods of separation where you and your wife had a discussion -- Attorney Radcliff mentioned a discussion about suicide. Could you give the Court the entire story surrounding that conversation? A Yeah. It was a Sunday. A friend of mine had came Saturday night and picked me up and took me to a party, and I was introduced to a gentleman there through a mutual friend. I shook his hand and was talking to him, and the next day Kristen called me and said snidely that I had met her boyfriend last night, and I didn't even know it, coupled with the fact I got to church and my son wasn't with my parents. I was kind of upset and hastily said some things that I shouldn't have said. Q Were you -- you weren't kept at Holy Spirit, you were let go? A The doctor interviewed me and decided that I was okay to go. They let me go. Q Your time with your son was not limited at all as a result of that, was it? A I wasn't with my son that day -- oh, you mean as per the agreement? No. Q Right. You have attended -- have you or have you not attended doctor appointments with your son? A I have taken him to a couple. He's only 6. Q Now, why did you sign a stipulation in 57 0 0 1 September of '05 that said you only had your son until 2 8:00 p.m. when, in fact, you were actually having him 3 overnights? Why would you sign that? 4 A I think -- I don't know whether it was 5 September or not because I could have sworn that was signed 6 earlier because it was the original agreement that Kristen 7 and I discussed verbally, the 8:00 thing. And it seemed to 8 be working for us then, and I had no idea that it would be 9 enforced as much as it was. That's why I signed it. 10 Q Is it important to you to spend time with 11 your son other than doing homework, cooking meals, taking 12 him to practice, putting him to bed? 13 A Yes. 14 Q What do you do with him during these -- I'll 15 call them down times? 16 A I am two minutes from a small stream. We go 17 fishing. We ride his motorcycle in my back yard, that kind 18 of stuff. That's the stuff that he enjoys doing. And he 19 can ride his bike around my development, if he wanted to. 20 Q And as for A.J.'s stomach issues, you 21 haven't seen evidence of that at your house? 22 A No. 23 Q When was the first grade parent teacher 24 conference scheduled? 25 A It was, I think, 1:00 in the afternoon. 58 • 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 THE COURT: We have completed the first half of the morning. I don't want to stop counsel from calling witnesses or asking questions, but I have only the morning for this hearing. MS. LEVIN: I think that's all I have for Todd, Your Honor. THE COURT: All right. Ms. Radcliff, anything further? MS. RADCLIFF: Just one quick question. THE COURT: All right. (Whereupon, Plaintiff's Exhibit No. 1 was marked for identification.) BY MS. RADCLIFF: Q This is the police report from the incident that occurred in 2005. Could you read that paragraph? A A few minutes passed -- Q No. Just read it privately. A All right. Q Now, that particular paragraph in the police report indicates that you had told the police officer that you were going to hang yourself. Do you recall telling the police officer that? A No. I don't even have exposed rafters in my basement. Q Had you been drinking that day? 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 • • having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. RADCLIFF: Q Kristen, you've indicated by stipulation where you reside. Can you tell me how long you have lived at your home address? A Four 8 years. Q And does anyone else currently live with you at that address? A Just Ashton. Q You have a serious boyfriend? A Yes. Q And can you tell me what his name is? A His name's Lester Paris. Q And is he known by any other name other than Lester? A Yes. Butch. Q And what is Lester's address? A 525 Bosler Avenue in Lemoyne. Q And how old is he? A Thirty-two. Q And is he employed? A Yes. Q Where? A Sygma. 61 1 Q And what does he do for Sygma? 2 A He's a truck driver. 3 Q And do you know his normal work hours? 4 A Do I know what they are? 5 Q Yes. 6 A Yes. He usually works Sunday from 4:30 7 until Monday at 1, Tuesday nights from 4:30 until Wednesday 8 around 1, and Thursday night also from 4:30 until 1 Friday. 9 Q Okay. When you say 1, are we talking about 10 1 in the afte rnoon? 11 A Yes. The following day, right. 12 Q And how far did he get in school? 13 A High school. He has a diploma. 14 Q And how far did you get in school? 15 A The same. 16 Q And do you have any other degrees other than 17 your high school diploma or certificates? 18 A Yes. I also have attended Cumberland Perry 19 Votech and received a diploma, and I also have a license in 20 cosmetology. 21 Q Were you ever married before? 22 A Was I ever married? Yes. To Todd. 23 Q No. Before your marriage to Todd? 24 A No. 25 Q Okay. How about Butch? Was he ever married 62 • 0 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 before? A Q A Q A Q A year. Q A Q A Q A Q with Butch? A With the mother. Q And does he have an opportunity to see her? A Yes. He has visitation every other weekend from Friday until Sunday. Q Now, you indicated that you worked for -- you work as a loan officer. Who's your employer? A Accubanc Mortgage. Q Where are they located? Yes. How many times? Once. And is he divorced? Yes. And do you know when he got divorced? His divorce was final in January of this And does he have any children? Yes. And how many children? One. And boy or girl? A girl. She just turned 7. And does that child live with the mother or 63 1 A On Market Street in Camp Hill. 2 Q And what do you do as a loan officer? 3 A I do a lot of marketing, meet with realtors. 4 I meet with borrowers and walk them through the mortgage 5 process and get them approved. 6 Q I'm sorry. Go ahead. 7 A I get them approved and I attend their 8 settlements. 9 Q And can you tell me what your normal work 10 schedule is and whether or not it's flexible? 11 A My work schedule is very flexible. I would 12 say my -- if I would put a normal workday in it would be 13 from 10 to 5 . In the summertime I try to stay home more in 14 the morning with Ashton so we can have breakfast together 15 and a little quality time. 16 Q Do you have an opportunity to work at home 17 too? 18 A Yes. 19 Q And do you ever do that? 20 A Yes, I do. 21 Q And when you work at home, does that replace 22 hours that y ou spend in the office? 23 A Yes. 24 Q And when have you worked at home? 25 A That's usually the nights that I don't have 64 I A.J., I do bring home work with me, and every other weekend 2 when I don't have him sometimes I go meet clients or do 3 work at home. 4 Q And how long have you worked for Accubanc? 5 A Four years. 6 Q Now, there was a slight issue with regard to 7 your date of separation. Can you tell me when you 8 separated? 9 A We separated October of 2001. 10 Q And why do you claim that that was the date 11 of your separation? 12 A Because I started telling him there was a 13 problem in February of 2001, and I asked him to get help 14 for his drinking problem. He denied that he had a problem. 15 At one point over that summer he tried counseling. He did 16 not agree that he needed it, and I told him if he didn't 17 want to get help that he would need to be out of the home 18 by October 1st of 2001. 19 Q And did he get out of the home by October 20 lst, 2001? 21 A Yes. At that point he moved in with a 22 friend. 23 Q And how was your relationship after that? 24 A It was back and forth. We did try to 25 reconcile quite a number of times throughout the next four 65 • 1 years. Mostly when he had agreed to go back to counseling 2 and try to get help for his drinking problem. 3 Q And during the time period you were not 4 living together, what was the custody schedule? 5 A He would see Ashton two nights a week and 6 every other weekend. 7 Q And the two nights a week, were they 8 overnight or were they just until a certain time? 9 A Just until 8:00. 10 Q Before you move on with that, can you go 11 back for the two years you were together after Ashton was 12 born? 13 A Um-hum. 14 Q He was born in 1999? 15 A Right. 16 Q And you separated about two years later? 17 A Correct. 18 Q Tell me about the child rearing 19 responsibilities during that time period. 20 A Usually in the morning Todd will have left 21 for work somewhere around 6:00 or 6:30 in the morning. So 22 I would get Ashton up, bathe him, get him ready, take him 23 to daycare. Then Todd would pick him up from daycare 24 around 3:30 or 4:00, bring him home, and I would get home 25 somewhere between 5 and 6, make dinner, and then the rest 66 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the evening was a joint effort until bedtime, and I usually would put him to bed. Q What about weekends? A Weekends was more -- I was more like a single mom. He would be working on the house and drinking. So I would take Ashton with me to run my errands or do whatever needed to be done that day. Q Okay. What happened with people's work schedule if Ashton got sick? A I would take off work. Q Did he ever take off of work? A Maybe one time for a half a day, but he would always claim he couldn't take the time off. Q Now, there was described in Todd's testimony that in around April of 2005 the custody schedule changed. Is that true? A No. Q Can you tell me if it changed and when? A It did change during the summer. He would have Ashton call me and ask if he could spend the night at his dad's. I didn't want to be the bad mom and say no. So I allowed that to happen up until school started in September. Q And in September when school started, did you have any discussions with him about changing the 67 • • 1 schedule back to the way it was? 2 A Yes. I told him that now that school's 3 started, I would prefer that Ashton be home on his -- 4 during the week visits at 8:00 p.m. 5 Q And did he agree with that? 6 A Yes. 7 Q And as a result did you end up entering into 8 this stipulation in September of 2005 that ended up being 9 ended as an Order of Court in November? 10 A Yes. 11 Q Okay. And what was the schedule -- what did 12 it go back to and what did it become in September when 13 school started? 14 A In September it went to two nights a week, 15 he had him until 8:00 p.m., and then on the weekends he had 16 to have him home by 8:00 on Sunday night. That continued 17 up until about November. At that point A.J. had started 18 calling and asking me if he could spend the night at his 19 dad's, and then that snowballed into every night that he -- 20 Q And why did you agree to that? 21 A Because I kind of -- I didn't want to be the 22 bad mom. I didn't want to have to say no to my kid. If he 23 wanted to spend the night with his dad, I didn't want to 24 say no. 25 Q Did you think it was best for him? 68 1 A No. 2 Q Why not? 3 A Because his dad has to get up and leave for 4 work at 6:30 in the morning. Then A.J. is driven to his 5 grandmother's. His grandmother gets him ready for school. 6 She takes him to work with her at 7. Then she leaves work 7 at 8 and takes him to school. Whereas in my care, he can 8 get up at quarter after 7, I can get him up and ready for 9 school, and I can drive him to school at 8:00. 10 Q Okay. So around November we nonetheless 11 allowed him to stay overnight? 12 A Correct. 13 Q And that basically changed the mid-weeks to 14 overnight. Did it also change the weekends on Todd's 15 weekends to go over to Monday morning or not? I don't 16 know. 17 A Occasionally, yes. 18 Q Okay. And how long did that last, and why 19 did it change? 20 A That lasted up through -- I believe it was 21 the end of January or the beginning of February of 2006 22 when I filed for child support. Then he asked for joint 23 custody, and I decided at that time it was best -- that we 24 needed to go back to our original court order, and I gave 25 him the opportunity to do that. 69 • • 1 Q And did the -- did you follow the Court 2 order -- the November Court order from that point forward 3 until the custody conciliation? 4 A Yes. 5 Q And at the custody conciliation in June, did 6 you agree to expand his times during the summer? 7 A Yes. 8 Q And do you have any problems with him having 9 additional time during the summer? 10 A No. 11 Q And why do you think the summer's different 12 than the school year? 13 A Because during the summer he doesn't have a 14 scheduled day. He goes to the park. He can -- you know, 15 he goes to my mom's. They go to the pool. If he wants to 16 take a nap in the afternoon because he's tired because he 17 got up at 5:30, then he can. He doesn't have to be 18 attentive and aware and be at school and be learning all 19 day. 20 Q Had he been tired during that time period 21 say between November and January when he was still in 22 school? 23 A Yes. Usually the nights that I picked him 24 up he was grouchy and tired, and he would have gone to bed 25 earlier than usual. 70 • • 1 Q Now, currently where you're living in 2 Mechanicsburg, can you describe your home to me? 3 A I have a duplex, two bedrooms, one bath -- 4 one and a half bath. 5 Q And how far is it away from Todd's home? 6 A 1.2 miles. 7 Q And how far is it away from the school where 8 A.J. had atten ded? 9 A Less than a mile. 10 Q And what is the -- what elementary school 11 did he attend when he was in Mechanicsburg? 12 A Broad Street Elementary. 13 Q And that was just for Kindergarten and lst 14 grade; is that correct? 15 A Correct. 16 Q How about other family members? How far 17 away are you f rom them? Who are they, and how far away are 18 you from them? 19 A My mom and dad and my two sisters and their 20 families, and we all live probably within a 2 mile radius 21 of each other. Maybe even less than that. 22 Q Kristen, I want to show you pictures that I 23 have marked as Respondent's Exhibit Number 2. 24 THE COURT: Wait. We should mark them as 25 Plaintiff's -- let's see, Defendant's Exhibits, not 71 1 Respondent's. 2 MS. RADCLIFF: Well, we're the Plaintiff in 3 the action. 4 THE COURT: I'm sorry. As Plaintiff's 5 exhibits. The police report I had marked as Plaintiff's 6 Exhibit 1; is that correct? 7 MS. RADCLIFF: We've corrected that one. 8 THE COURT: All right. 9 BY MS. RADCLIF F: 10 Q Plaintiff's Exhibit Number 2, can you tell 11 me in general what those are? 12 A The first picture -- 13 Q No. Just tell me in general what all of 14 them are. 15 A Pictures of my son and I on our recent 16 vacation. The re's some pictures of him with his cousins, 17 my mother, and god mother. 18 Q Okay. So pictures of A.J. and various 19 family members ; is that correct? 20 A Yes. 21 Q Now, each one's marked on the back A, B, C, 22 D, and E, onward? 23 A Um-hum. 24 Q Can you tell me what each one is identifying 25 it by picture A is? 72 0 0 1 A Okay. Picture A is a picture of myself and 2 Ashton. We w ere at the beach. This picture, B, is also 3 Ashton and I and at the boardwalk. Picture C is of Ashton 4 at the beach. Picture D is of Ashton, my mother, and my 5 god mother, B etty. Picture F is A.J. also at the beach 6 with his cous in, Zack, and Dominick. Picture E is of 7 Ashton, Zack, Dominick, and Trent all at the breach. 8 Picture G is of Butch and his daughter at her birthday. 9 And picture H is of our dog, Diva. 10 Q How many cousins does your son have? 11 A Six. 12 Q Are they all from your side of the family or 13 are they -- 14 A Yes. They're all from my side of the 15 family. 16 Q And are they all to one sibling or more than 17 one? 18 A No. Each of my sisters have three children. 19 Q And how old are they? 20 A My one sister has twins that are one year 21 old and a son that's five. My other sister has a daughter 22 who's 11, a son that's 5, and another one that's 4. 23 Q Is he close to these -- is your son close to 24 these cousins? 25 A Yes. 73 0 0 1 Q Is he close to your other family members 2 too? 3 A Absolutely. 4 Q He spends a lot of time with them? 5 A Yes. 6 Q All right. Now, you've indicated that you 7 have a serious relationship with Butch? 8 A Yes. 9 Q And can you tell me when you started dating 10 Butch? 11 A Last October -- or I'm sorry, last August. 12 Q And how would you describe your 13 relationship? 14 A I think we have a normal, loving 15 relationship. 16 Q And do you have any plans to move in 17 together? 18 A Yes. 19 Q Have you done so already? 20 A We have stayed there for about the last 21 three weeks, b ut we have not moved in yet. We were waiting 22 for the Court' s approval. 23 Q And do you still have your own house? 24 A Yes. 25 Q And is your stuff still in your own house? 74 • S 1 A Yes. 2 Q And you, of course, recognize that without 3 Court approva l, that your child will not move? 4 A Correct. 5 Q Now, why do you want to move in with Butch? 6 A Because we love each other and we want to 7 pursue furthe ring our relationship by living together. 8 Q Did you try to get Todd's permission to do 9 so? 10 A Yes. 11 Q And what was the response? 12 A Absolutely not. I would have to call my 13 attorney and fight for full custody of Ashton. 14 Q Do you believe moving in with -- the two of 15 you moving in with Butch would be good for A.J.? 16 A Absolutely. 17 Q Why? 18 A We spend a lot of time at Butch's house now. 19 I mean if we' re not with him, A.J.'s usually asking when 20 are we going to see him again? Can we go to his house? So 21 the only diff erence is that right now we're going back and 22 forth between our house in Mechanicsburg and the house in 23 Lemoyne. 24 Q How would you describe A.J.'s relationship 25 with Butch? 75 1 A They have a good relationship together. I 2 mean they pass the ball. They play cards together. 3 Q To your knowledge, how has A.J. reacted to 4 this potential move into Butch's home? 5 A He seems to be excited about it. We 6 discussed that he would be starting a new school, that he 7 would have to meet new friends. He's outgoing. You know, 8 he's already tried to make some new friends in the 9 neighborhood where Butch lives. 10 Q Would a move require him to change schools? 11 A Yes. 12 Q And I believe it was indicated he currently 13 attended Broad Street Elementary School? 14 A Right. 15 Q And what school district is that in? 16 A That's in Mechanicsburg School District. 17 Q And when he was going back and forth to 18 school, how would he get there? 19 A I would drive him to school in the morning, 20 and after school my mom would pick him up or he would walk 21 to my sister's. 22 Q Did he also spend one evening a week with -- 23 or one day a week with Todd's mother? 24 A Oh, yes. And then she would pick him up 25 from school. 76 I Q All right. And if you moved into Butch's 2 house, what school would he be attending? 3 A Washington Heights Elementary in West Shore 4 School District. 5 Q And how would he get back and forth to that 6 school? 7 A I would drop him off in the morning and 8 either Todd or I could pick him up after school. It just 9 depends on what the daycare arrangements would be. I mean 10 I would propose he attend an after-school program that 11 would help with his homework and allow him to play with his 12 friends from school. However, if that's a problem he could 13 always still go to my mom's after school. I would pick him 14 up and take him there. 15 Q All right. So you're flexible with what -- 16 with regard to what the daycare arrangements would be that 17 would suit everybody's needs? 18 A Absolutely. 19 Q And if he was enrolled in the after-school 20 program, could Todd still pick him up at his normal time? 21 A Yes. 22 Q And I'm assuming that Todd does not live in 23 that school district? 24 A Correct. 25 Q Did you do any investigation in the 77 • 0 1 Washington Heights Elementary School? 2 A Yes. 3 Q Can you tell me what the results of that 4 investigation are? 5 A It's a more modern building than he 6 currently is enrolled in. That school building's been 7 there for 6 years. They do have air conditioning in that 8 school. There is 352 children enrolled in that school. 9 There's three second grade classrooms. Each classroom has 10 about 22 kids. 11 Q All right. Have you received information 12 with regard to their sports programs? 13 A Yes, I have. I have received all of the 14 information as far as football's concerned and who I would 15 need to contact to get him enrolled in sports, along with 16 the after-school program, if that would work. 17 Q And do you believe he could enroll in the 18 football program there? 19 A Yes. 20 Q Now, I believe there was some testimony 21 about some problems that he's had with reading in the past? 22 A Yes. 23 Q Did he attend any special programs for 24 reading when he was in Mechanicsburg? 25 A Yes. He had a group reading session every 78 • s 1 day for 15 to 20 minutes, and they do have that program 2 also at the Washington Heights Elementary School. 3 Q Can you describe Butch's home that he would 4 be moving int o, if permitted? 5 A It is a single family home, three bedrooms, 6 one bathroom, a back yard, and a pool. 7 Q And how far is that house from Todd's house? 8 A Eight miles. 9 Q Kristen, I want to show you what I've marked 10 as Plaintiff' s Exhibit Number 3, which I'm just going to 11 tell you were pictures of Todd's home. So they're also 12 labeled A, B, C, and D on the back -- not Todd's home, 13 Butch's home. Can you tell me what each one is? 14 A Yes. A is the front of Butch's home. B is ' 15 the back of B utch's home. C is also a different view of 16 the back of - - well, it's actually of the yard. D is of 17 the living ro om. E is of the dining room. F would be 18 Ashton's bedr oom. G would be our bedroom. H is his 19 daughter Skyl er's bedroom. J is of the kitchen. And I is 20 another view of the living room. 21 Q Now, you said this home was 8 miles from 22 Todd's home. Have you driven between Todd's home and this 23 home to see? 24 A Yes. 25 Q And how long did it take you to make the 79 1 drive? 2 A Between 10 and 15 minutes. 3 Q Is there any particular amount of 4 construction or anything of that nature that slows you 5 down? 6 A No. 7 Q I think I asked a question on Todd's 8 testimony on cross examination as to whether or not it was 9 on his way to work. Do you have an opinion in that regard? 10 A I mean in the past most of his job have been 11 on the East Shore where he would be driving past Lemoyne or 12 driving, you know, on the way to work or on the way home. 13 Q Are you concerned at all about the changes 14 in friends that your son might have to undergo if you were 15 permitted to move? 16 A I'm not concerned about it. I mean my son's 17 very outgoing, and I expect that he's going to make plenty 18 of new friends. He can still keep his old friends. Just 19 as Todd testified, a lot of his friends from his current 20 school do live in Todd's development. The rest of them -- 21 most of them live in the same area as my mother. And he's 22 still going -- you know, we would still be visiting her, 23 and he'll have plenty of time to play with them then, and 24 he's more than welcome to have them over to our house. 25 Q Has your son expressed any concerns about 80 0 • 1 making new friends or losing old ones? 2 A He's having a little concern about his old 3 friends, but, you know, I did explain to him that he'll 4 still have the opportunity to play with them. He'll still 5 go to grandmother's. He'll still see friends at his dad's, 6 and he doesn't seem upset about the fact of making new 7 friends at all. 8 Q What effect, if any, do you think this 9 potential move would have on his relationship with your 10 family members? 11 A None. I mean we always plan our family 12 functions. We attend every one of them. We don't miss 13 one. You know, we go to every birthday party, every 14 get-together, and every time we're invited to my sister's 15 or they're invited to our house, that's what we do. 16 Q What about the child's attendance at church? 17 A He can still attend the church. Just 18 because we're moving to Lemoyne doesn't mean he can't go to 19 church in Mechanicsburg. You know, I'm more than willing 20 to drop him off at his grandmother's so she can take him to 21 church on the Sundays that I have him. 22 Q And is that a practice that you have been 23 doing in the past, allowing her to take the child on your 24 Sundays to take the child to church? 25 A Yes. 81 0 0 1 Q What about the -- is it play night or 2 whatever it is, children's play night? 3 A There is a Kid's Night at the church on 4 Wednesdays. It's only during the school year. He did 5 attend last year. I'm assuming that he'll probably attend 6 some of it this year, but due to football in the fall 7 season, he probably won't be attending. 8 Q And did he attend only on Todd's time or did 9 he also attend on your time? 10 A He also attended on my time. 11 Q And did you take him back and forth to that 12 program or did you allow one of Todd's family members to do 13 that? 14 A Todd's family members. 15 Q What effect -- could he still attend the 16 Mechanicsburg park program? 17 A He can. It's only for the summer now, but, 18 you know, if he wanted to do it next year, I would have no 19 problem with taking him to the Mechanicsburg park, if that 20 is what he wanted to do. I can drop him off there. 21 Q Would you probably be using your mother as a 22 baby-sitter during the summer? 23 A Yes. 24 Q Okay. And does she take him to the park's 25 program now? 82 • ! 1 A I usually drop him off there. 2 Q Okay. 3 A But she picks him up. 4 Q What effect, if anything, do you envision it 5 would have on the father, son relationship? 6 A I don't see where it would have any effect 7 on it. I mean I'm allowing him an extra half an hour in 8 the evening. It takes 15 minutes. 9 Q Now, allowing the extra half an hour, I 10 don't think the Court's heard that before. Have you 11 proposed to make up the time, that the schedule would 12 change slightly? 13 A Yes. 14 Q And can you tell me what that would be? 15 A Well, right now our current time is 8:00 16 p.m. I would be more than willing to agree to 8:30 p.m., 17 you know, to allow him the additional drive time or -- you 18 know, so he could have more quality time with his son. 19 Q Okay. Was there any feelings that you have 20 about sharing that transportation? Meeting somewhere 21 half-way so he doesn't have to drive as far? 22 A I propose that we find a mutual point in the 23 middle, and have, you know, a specific drop-off place and 24 pick-up place where we both -- he would drive there and I 25 would drive to pick him up. 83 1 Q And if the child is in this church program 2 in the middle of the week, and it's not over until 8:30, do 3 you have any problems with extending that time for that 4 program? 5 A No. That's fine. 6 Q When you -- tell me about your discussions 7 that you had with Todd when this plan to move first came 8 up. 9 A When I first told him, he was outraged, and 10 then he began asking me questions. One of the first ones 11 was, well, what are you doing with the house? And that's 12 when I told him that it's none of his business. It's my 13 home. It's not his home anymore. I did later call him 14 and, you know, told him that -- I had told him prior to 15 telling A.J. that we were planning to move. 16 I had discussed a little bit with A.J. how 17 he would feel if we would consider moving to Lemoyne. That 18 evening he called A.J., and A.J. likes to talk to his dad 19 on the speaker phone. He likes to talk to everybody on 20 speaker phone, and I heard him lie to his dad. He said are 21 you going to be moving, and I had just sat down and had a 22 conversation with Ashton and explained that we were going 23 to be moving, and he said no, Daddy, I'm not -- we're 24 staying here. 25 And we hung up the phone, and I said to him, 84 0 0 1 Ashton, did you just lie to your dad, and he told me yes. 2 I said, well, you have an option. You can call your dad 3 and tell him that you lied or I can, you know, and I want 4 to know why you lied to your dad. He said, because if I 5 tell my dad the truth, he's just going to say bad words, 6 and I said, well, we need to call your dad back and tell 7 him the truth. 8 So he called back on speaker phone. I 9 advised Todd that he was on speaker phone, and that A.J. 10 had something to tell him. A.J. then told his dad that he 11 lied, and that it was because he didn't want to hear his 12 dad say bad words. At that point Todd said, it's okay, 13 buddy, it's not your fault. Your mom broke up this family. 14 She was sleeping around. And I told him, first of all, 15 that information is not true. And secondly, it is not 16 appropriate. 17 Q Did you get on the phone at that point? 18 A Yes. Yes. 19 THE COURT: I'm sorry, but I need to recess 20 at this point. We'll take about a ten minute recess, and 21 we'll continue until noon. 22 (Whereupon, a recess was taken at 11:12 a.m. 23 and court reconvened at 11:31 a.m.) 24 AFTER RECESS 25 THE COURT: Ms. Radcliff. 85 1 DIRECT EXAMINATION (CONTINUED) 2 BY MS. RADCLIFF: 3 Q Kristen, what was the major concern that 4 Todd had when you expressed that you were going to be 5 moving to Lemoyne? 6 A Lemoyne? 7 Q Or wherever. Bosler Avenue, wherever that 8 is. 9 A The transportation. The time. 10 Q Tell me what your involvement is in the 11 child's school. 12 A I go in and volunteer one day a week to help 13 with his classroom. I attend everything that I can. 14 Mostly the parent-teacher conferences, back-to-school 15 night, open houses. If they have, you know, any kind of 16 events, I do that as well. 17 Q And if the child is sick? 18 A I stay home with him. 19 Q And for parent-teachers conferences, you 20 take off work in order to attend those? 21 A Yes. 22 Q Todd indicated that he attended a 23 parent-teachers conference last year, one of the two. Did 24 he? 25 A Not in first grade. In kindergarten he did. 86 0 0 1 Not in first grade. 2 Q Did he attend anything last year? 3 A He attended one open house after we argued 4 about it. He didn't want to go if I was going to be there. 5 Q Okay. And you talked him into it? 6 A Yes. 7 Q Why do you think your child should be in 8 counseling? 9 A I think that he had a difficult time with 10 our separation. I think that a lot of negative comments 11 are made about me when he's in his dad's care. 12 Q Such as? 13 A I mean he's -- he was concerned that his dad 14 had to start paying child support. He knew his dad was 15 paying me at least a hundred dollars a week, and his dad 16 couldn't afford to buy groceries. He indicated to me that 17 he wanted to take his tooth fairy money to his dad's house 18 so that his dad could get food. 19 That, you know, I'm the one that broke up 20 the family. You know, he knows that his dad drinks beer 21 and that he shouldn't. He knows the difference between an 22 O'douls and a beer. I just think that there's been a lot 23 of negativity. We have not been able to have a decent 24 conversation, Todd and I, about A.J. because it ends up 25 being a verbal attack on me, and Ashton sees it all. And I 87 0 0 1 think that he needs -- I think he needs to go to 2 counseling. I think he needs to have somebody that he can 3 talk to and totally trust. 4 Q Has drinking been a problem for Todd? 5 A Yes. 6 Q Can you explain to me the extent of the 7 problem, that you're aware of? 8 A It's always been. I mean he's drank ever 9 since I've known him. His father is an alcoholic. I think 10 he inherited that gene, but it got to the point where our 11 life revolved around his drinking. If we were going to go 12 to a restaurant, it had to be a bar, it couldn't just be a 13 Friendly's or a diner. It had to be somewhere that served 14 alcohol. On weekends he would start drinking at 10, 12, in 15 the morning, and by the time dinner rolled around, he was 16 drunk. 17 Q And would he take beer or other alcohol to 18 family events? 19 A Absolutely. If we were going to one of my 20 niece's or nephew's birthday parties, he was packing a 6 21 pack to go. 22 Q And is that the reason the two of you went 23 through counseling and broke up your marriage? 24 A Yes. 25 Q And did he ever admit that he had a drinking 88 1 problem? 2 A No. And he was going to counseling, which 3 he tried three different counselors, but he never felt that 4 he needed to be there. 5 Q At the end of the last counselor that you 6 had been to, was it recommended to go through parenting 7 counseling? 8 A Yes. 9 Q And what was his response? 10 A He said if we can't work on our marriage, 11 I'm not coming back. 12 Q To your knowledge, has he continued to 13 drink? 14 A Yes. 15 Q Drink as late as July 4th? 16 A Yes. 17 Q Was that supposed to be his weekend or 18 holiday? 19 A Yes. He had him July 4th weekend. I got a 20 phone call -- 21 Q Where did he go instead? 22 A What? 23 Q Where did he go instead of having his child? 24 A He went to Moe's Bar. 25 Q What about the suicide threats or threat? 89 t? i 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. He had threatened twice last year. Once was in the springtime, and I did call his parents and they had him stay with them for a week or two. And then the second one was when I called the police. He had been calling and harassing me all day and telling me he wanted me to bring Ashton to him so he could say good-bye or he wanted to talk to him on the phone, and I would not allow him to do that. And he told me that he was going to eat a pizza and go hang himself in the basement. Q And so you called the police as a result of that? A Yes. Q And after that time period, did he stay with his parents again? A Yes. Q And did you allow him to have visitation while he was at his parent's home? prejudice? A Yes. Q Has he also expressed a lot of racial A Yes. Towards my nephews and their father. Q Can you tell me what you feel your strengths are as a parent? A I feel that I provide a loving home for my son. I do try to teach him the value of being honest, you 90 0 0 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 know. I'm trying to instill work ethic in him and teaching him, you know, that you need to do chores and earn an allowance so you can save money. I just try to bring him up the best that I can. Q And your weaknesses? A Probably giving into him. Allowing him to watch TV at bedtime in his bedroom would be the biggest one. Q And what about Todd's strengths and weaknesses? A I think that -- you know, I absolutely believe that Todd loves his son. You know, I think it's great that he takes him to church on Sundays. He does make play dates with Ashton's friends. Usually they're the children of his drinking buddies. So everybody gets to have their fun. As far as weaknesses, I think that he, you know, does talk negatively about me in front of our son, and does discuss adult issues with him that should not be discussed. Q What do you want the Court to do? A I would like to keep the original court order where he has him every other weekend from Friday to Sunday, and then the two nights a week until 8, or even 8:30. I would like to keep him in a structured 91 0 0 1 environment. I would like to keep him on the same schedule 2 every day, especially during the school year. I don't mind 3 during the summertime that he have him overnight because at 4 that time he's not in school. 5 Q And that would basically give him half the 6 time the way the schedule was worked out during the 7 overnight -- having overnights during the summer? 8 A Yes. 9 Q And why do you think that that's in your 10 son's best interests? 11 A Because when he's with his father during the 12 school year and spends the night, he's getting up way too 13 early. By the time he gets home from school he's tired. 14 By the time he gets -- by the time I pick him up after work 15 he's grouchy, which then our time is miserable together 16 because he's not pleasant. 17 I just think that he needs to have 18 structure. He needs to know what to expect every day, you 19 know. I'm going to be home by 8 or 8:30 every night. I'm 20 going to get a bath. I'm going to go to bed at 9:00. I'm 21 going to get up at 7:15, have my breakfast, and go to 22 school. Not where am I going today? What am I doing 23 tomorrow? What time am I going to get there? Am I going 24 to work or am,I going to school first or -- I just think 25 it's too much for a 6 year old kid. 92 0 0 1 Q Does the drinking -- 2 THE COURT: I need to interrupt at this 3 point and give Ms. Levin a chance to cross-examine. It 4 doesn't appear as though we are going to complete the 5 hearing today. So I will take the matter under advisement 6 at noon and enter a temporary order, and then we will 7 schedule a further hearing in the case. Ms. Levin. 8 CROSS EXAMINATION 9 BY MS. LEVIN: 10 Q Ms. Freeman, this is really about money, 11 isn't it? 12 A No. Absolutely not. 13 Q You filed for support on January 11th of 14 106; is that correct? 15 A Yes. 16 Q And then on February 8th, '06, right before 17 our support conference, you terminated unilaterally 18 Mr. Freeman's overnights? 19 A Correct. 20 Q And that had nothing to do with support? 21 A If it had to do with support I would have 22 asked for it i n 2001 when we separated. I didn't ask for 23 any support fo r four years. 24 Q Right. And then you were divorced in 25 November of '0 5, correct? 93 1 A Correct. 2 Q And then your health insurance benefits 3 ended by vir tue of the divorce decree because they had to 4 in December of '05; is that correct? 5 A That's correct. 6 Q So you needed some money to help provide for 7 your health insurance benefits, correct? 8 A No. I did support myself. I had already 9 enrolled for my own benefits prior to them being 10 terminated. 11 Q Correct. And you're aware that if it's a 12 50/50 arrang ement your support will be significantly 13 decreased in this case; is that correct? 14 A Yes. 15 Q That's not impacted your decision here at 16 all? 17 A No. 18 Q So it's just a coincidence that in February 19 of '06 you d ecided to unilaterally terminate the 50/50 20 arrangement? 21 A Because we should have been abiding by the 22 court order from the start. 23 Q But you hadn't been, you'd been doing it all 24 since at lea st November of '05, by your own admission, 25 correct? 94 I A That's correct. 2 Q And how long had you been dating Butch? 3 A One year. 4 Q And when you started dating him, was he 5 still married? 6 A Yes. They had been separated for four years 7 as well. 8 Q And how long has he lived in Lemoyne? 9 A He's lived in Lemoyne since March. 10 Q And you're not engaged; is that correct? 11 A Correct. 12 Q No plans to marry him? 13 A Not at this point. 14 Q So what if you break up? What happens? 15 A We find another place to live. I don't 16 foresee that h appening. 17 Q You didn't foresee a divorce happening with 18 Todd either wh en you married him, right? 19 A No. 20 Q What are you going to be doing with the home 21 that you live in in Mechanicsburg? Are you going to rent 22 it or sell it? 23 A Why is that impacting my custody? 24 Q Can you answer the question? 25 A I had filed bankruptcy on my house to a 95 r 0 1 mortgage company. My taxes increased. They doubled. My 2 escrow account went up $200.00 a month. With my adjustable 3 rate, my mortgage went up $50.00. So my monthly mortgage 4 payment just increased by $250.00 a month, and I cannot 5 afford to live there. 6 Q So if it doesn't work out with Butch, you 7 can't return to the marital home? 8 A Correct. 9 Q And you don't know where you'll go? 10 A I would rent a home. 11 Q And you could end up switching school 12 districts yet again for A.J.? 13 A If need be then, yes, I would. 14 Q Wouldn't it be best to have him maintain a 15 residency or his schooling in the Mechanicsburg School 16 District since your relationship with Butch is so much in 17 its early stages? 18 A I believe that Butch and I have been dating 19 for a year. We are very comfortable in our relationship, 20 and with the decision to move in together. I don't foresee 21 any reason of him changing school districts -- you know, my 22 relationship with him has any impact on changing the school 23 districts. Whether I am with him or not, I could move to 24 Lemoyne. If we move to Lemoyne now, you know, I could 25 continue to live in that school district, if things didn't 96 0 0 1 work out with my boyfriend. 2 Q But you're moving because of Butch, not 3 becau se it's a better school district? 4 A Both. 5 Q You're moving to be with Butch. If you 6 weren 't dating Butch, you wouldn't be moving to Lemoyne; is 7 that correct? 8 A I don't know. 9 Q All of your parents are in Mechanicsburg and 10 they' re oppose d to this move, aren't they? 11 A No. 12 Q They're not? 13 A No. 14 Q How many times have they met Butch in the 15 past year? 16 A Probably three. 17 Q Three times in an entire year? 18 A Yes. 19 Q Don't you feel responsible to have a solid 20 plan laid out as far as your life as it affects your son 21 A.J.? 22 A I already do have it planned out. 23 Q And that plan is to move in with Butch? 24 A Yes. - 25 Q You're not engaged? 97 0 0 1 A Yes. I wasn't engaged to Todd when we moved 2 in together either. 3 Q How long did you date him before you married 4 him? 5 A Three years. 6 Q And how long were you married? 7 A Two. 8 Q How many people -- how many -- Butch isn't 9 your first boyfriend since you ended your marriage; is that 10 correct? 11 A Correct. 12 Q How many other individuals have you 13 introduced to your son as your boyfriend? 14 A One. 15 Q And how long did you date him? 16 A About 3 months. 17 Q Is Butch spending overnights at the marital 18 home? 19 A No. Well, not while A.J. was there. 20 Q So A.J. hasn't spent any time with him until 21 just the past couple of weeks? 22 A Oh, no, A.J. spent time with him since last 23 November. I thought you asked if he had spent the night. 24 Q They were two different questions. But how 25 many overnigh ts has he spent with Butch in the past year? 98 1 A Well, we've been staying at Butch's home for = 2 the last 3 weeks. So the nights that Butch isn't working, 3 he's there. 4 Q So you agree -- you entered into an actual 5 stipulation saying you wouldn't move to Lemoyne until the 6 Court gave you permission; is that correct? 7 A Correct. And we didn't move. 8 Q But you've been staying there? 9 A Yes. 10 Q So you think there's a difference between 11 staying there for three weeks straight and living there? 12 A We didn't move our furniture. We didn't get 13 rid of my home . 14 Q But you're living there? 15 A We're staying. We've been staying there. 16 Q You haven't spent any overnights at the 17 marital home? 18 A No. 19 Q Weren't you and Butch on the verge of 20 breaking up no t too long ago? 21 A No. 22 Q You weren't having trouble because you 23 weren't spendi ng enough time together? 24 A No. 25 Q How old is Butch's daughter? 99 I A Seven. 2 Q And what school district does she go to? 3 A She's in Perry County. 4 Q And does A.J. have his own room? 5 A Yes. 6 Q At Butch's house? How does A.J. and this 7 little girl get along? 8 A Great. 9 Q Do their weekends coincide with each other 10 as far as when A.J. is with you and Butch's daughter is 11 with Butch? 12 A Yes. 13 Q Does he have any other children or just this 14 one child? 15 A Just the one child. 16 Q When did you and Todd buy the car -- the 17 Envoy? Was that a truck or a car? 18 A An SUV. We bought that in '99 -- or no. 19 I'm sorry. We bought that in 2000. The summer of 2000. 20 Q What year is the Envoy? 21 A It was a 2001, I believe. 22 Q Are you sure it's not an '02? 23 A It might have been. It may have been an 24 '02. 25 Q Would it be an '02 that you bought in '02? 100 1 A No. We bought it July of the year before. 2 Q So it was '01, you're saying? 3 A Yes. That's when they first came out. 4 Q And Todd paid on that vehicle after an 5 alleged sepa ration, would that be correct? 6 A Yes. And I was paying for his. 7 Q And during the marriage you bought a -- the 8 home that yo u have in Mechanicsburg, and Todd worked on 9 that on the weekends because it needed a lot of 10 renovations; is that correct? 11 A Yes. 12 Q Isn't that why he spent all of his time 13 working on t he house on the weekends? 14 A Actually, no. We owned the house for one 15 year prior t o moving in there, and we did the renovations 16 for a year b efore we moved in. 17 Q And it didn't need any renovations then 18 after you we re moved in? 19 A It needed some additional trim work and 20 things like that, but it didn't need totally renovated. It 21 was already done by that point. 22 Q And when did he do that additional work? 23 A Evenings and weekends, as well as I helped. 24 Q Now, with your job you can make up time 25 whereas it's more difficult for Todd to do that; isn't that 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L correct? A Q father? A Q taken away? A Q away from him? I* Yes. Doesn't A.J. enjoy his overnights with his Yes. Did he ask you why those overnights were Yes, he did. And did you tell him the Court took those A I told him that that is what we have written by the Court, and we were following those guidelines. Q But you unilaterally made that decision, right? A We both - - you mean Todd and I together? Q No. He h ad his overnights unti l February of '06. You at that point unilaterally took them away? A Yes. Q The Court didn't have anything to do with that, correct? A We had a court order that said the child would be home -- Q According to -- THE COURT: No. You can't do that. You must let her finish her answer. Go ahead. 102 1 MS. LEVIN: Okay. 2 THE WITNESS: We had a court order that 3 stated that t he overnights ended 8 p.m. I went back to the 4 court order, which we both agreed upon, that we both 5 signed. That 's the way I wanted it to be from the start. 6 I allowed my giving into my child to take precedence over 7 that, and I s houldn't have. I realize that, and that's why 8 I changed -- that's why I said, we need to go back to the 9 original cour t order. 10 BY MS. LEVIN: 11 Q But you didn't file anything with the Court? 12 The Court did n't interfere and say this isn't working, 13 let's change it. You did that on your own? 14 A Correct, because I felt that is what was 15 best for my s on. 16 Q Todd's never had any DUIs, has he? 17 A No. 18 Q He's tested regularly at work for alcohol 19 and drug use? 20 A No. I never knew that when we were married 21 either. I've never seen that they've tested him. 22 Q Are you aware he's never tested positive for 23 any alcohol or drug use on the job? 24 A Well, yeah, not on the job. 25 THE COURT: I need to adjourn at this point. 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You may step down. Thank you. Did Defendant wish to move the admission of Defendant's Exhibits 1 and 2? MS. LEVIN: I do. MS. RADCLIFF: 1, 2, and 3, Your Honor. I do have -- with regard to 1, which was -- oh, sorry. I'm Plaintiff. THE COURT: I don't have a Defendant's Exhibit 3. MS. RADCLIFF: No. Ignore me. I'm the Plaintiff. THE COURT: Okay. Does the Defendant want to move the admission of Exhibits 1 and 2? MS. LEVIN: Yes, Your Honor. THE COURT: Ms. Radcliff, any objection? MS. RADCLIFF: No objection, Your Honor. THE COURT: Defendant's Exhibits 1 and 2 are admitted. (Whereupon, Defendant's Exhibits 1 and 2 were admitted into evidence.) THE COURT: And did Plaintiff wish to move the exhibits into evidence of 1, 2, and 3? MS. RADCLIFF: That's correct, Your Honor. THE COURT: Plaintiff's Exhibits 1, 2, and 3 -- any objection? MS. LEVIN: I only object to Exhibit 1, Your 104 0 0 1 Honor, the police report, as far as its relevancy in these 2 proceedings. 3 THE COURT: It would seem to be hearsay. 4 MS. RADCLIFF: No, Your Honor. In 5 accordance with 42 Pa. C.S.A. Section 6103, proof of 6 official records, it indicates that they are admissible for 7 any evidence by submitting a copy attested to by the 8 officer having legal custody of the record, with an 9 accompanying certificate, both of which are on the front of 10 my exhibit. 11 THE COURT: I know, but the contents would 12 just be hearsay. That would be what a police officer said, 13 wouldn't it? 14 MS. RADCLIFF: But if you look at the rules 15 of evidence, it indicates that while that particular 16 exception was not adopted, they are still admissible under 17 Section 42 Pa. C.S.A. 6103 as evidence of what is written 18 in the police report. 19 THE COURT: Do you have a case that says a 20 police report is admissible into evidence? 21 MS. RADCLIFF: Yes. 22 THE COURT: And what is that case? 23 MS. RADCLIFF: The case that I have written 24 here is D'Alessandro versus Pennsylvania State Police, 25 878 A.2d. 133, and I have a copy of the statute here 105 0 0 1 indicating that it is admissible. 2 THE COURT: All right. Plaintiff's Exhibits 3 2 and 3 are admitted. 4 (Whereupon, Plaintiff's Exhibits 2 and 3 5 were admitted into evidence.) 6 THE COURT: A ruling is reserved on the 7 admission of Plaintiff's Exhibit 1 to give the Defendant an 8 opportunity to submit authority on that issue. And we will 9 enter this order: 10 AND NOW, this 14th day of August, 2006, upon 11 consideration of Defendant's petition to modify an existing 12 custody order in the form of a "Petition To Confirm 13 Custody" with respect to the parties' child, Ashton James 14 Freeman (date of birth, September 5, 1999), and following 15 an initial period of hearing, which has not yet been 16 completed, held on August 14, 2006, the record shall remain 17 open, and the Court will enter a temporary order in the 18 matter pending a further hearing to be held on Thursday, 19 November 30, 2006, at 9:30 a.m. 20 It is noted that at the time of adjournment 21 on today's date Plaintiff was being subjected to cross 22 examination by Defendant's counsel. 23 It is further noted that at the time of 24 adjournment on today's date Defendant's Exhibits 1 and 2 25 had been identified and admitted, Plaintiff's Exhibits 2 106 I and 3 had been identified and admitted, and Plaintiff's 2 Exhibit 1 (a police report) had been identified, but not 3 yet admitted pending authority from counsel as to its 4 admissibility. 5 THE COURT: Do either counsel want a copy of 6 the transcript from today's date? 7 MS. LEVIN: Yes, Your Honor. 8 THE COURT: Ms. Radcliff? 9 MS. RADCLIFF: Yes, Your Honor. 10 (Whereupon, the court order continued as 11 follows:) 12 Both counsel have requested that the 13 stenographer prepare and file the notes of testimony from 14 the initial part of the hearing held on today's date. 15 (End of order.) 16 THE COURT: Court is adjourned. 17 (Whereupon, the proceedings adjourned at 18 11:55 a.m.) 19 20 21 22 23 24 25 107 • • 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. TI\ &?-r 'Ike'w - ichele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 1 2?m 6 Date J. NJ 108 Y-/ - , -- al District KRISTEN N. FREEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 05-5649 CIVIL TERM TODD A. FREEMAN, Defendant IN CUSTODY IN RE: PETITION TO CONFIRM CUSTODY ORDER OF COURT AND NOW, this 30th day of November, 2006, upon consideration of Defendant's petition to modify an existing custody order in the form of a "Petition To Confirm Custody" with respect to the parties' child, Ashton James Freeman (date of birth, September 5, 1999), and following a final period of hearing in the matter on today's date, the record is declared closed, and the matter is taken under advisement. vane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011-4436 For Plaintiff Xnn V. Levin, Esquire River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1260 For Defendant :mae RV thn ('niirt C:) LAJ 0 (=) - i'p ? U KRISTEN N. FREEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TODD A. FREEMAN, : Defendant : NO. 05-5649 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this lst day of December, 2006, upon consideration of Defendant's petition to modify custody order in the form of a "Petition To Confirm Custody," with respect to the parties' child, Ashton James Freeman (d.o.b. September 5, 1999), and following a final period of hearing held on November 30, 2006, it is ordered and directed as follows: 1. The custodial terms of the temporary order of court dated August 15, 2006, are entered as a final order, except as modified hereafter; 2. Paragraph 2 of the said order is amended to read as follows: "The mother's relocation to Lemoyne, Cumberland County, Pennsylvania, is authorized; provided, that nothing herein is intended to require her to relocate to Lemoyne;" 3. Paragraph 5 of the said order is amended to read as follows, with respect to Christmas Day: Christmas Day: From 8:00 a.m. on 12/24 until (First Half) 1:00 p.m. on 12/25. (Even years-Mother, Odd years- Father) Christmas Day: From 1:00 p.m. on 12/25 until (Second Half) 8:00 p.m. on 12/26 (Even years-Father, Odd years- Mother) no 9 0 •Z did 1- 330 90OZ AUVRWO a.Uud 3HI ?O 30 L±40-081H -. BY THE COURT, J. eslev Ole r J. ?Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ,,Arnn Levin, Esq. 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendar 4 KRISTEN N. FREEMAN, Plaintiff, V. TODD A. FREEMAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA NO. 05 - 5649 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Todd A. Freeman, by and through his attorneys, Turo Law Offices, who respectfully represents as follows: 1. Petitioner is Todd A. Freeman, an adult individual who resides at 1203 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Kristen N. Freeman, an adult individual whose last known address is 24 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner is the natural father and Respondent is the natural mother of one child, Ashton J. Freeman, born September 5, 1999. 4. The child has lived with the following parties and at the following addresses over the last five years: 1203 Gross Drive Father 2005 to Present Mechanicsburg, PA Velvet Sister 24 W. Coover Street Mother Feb 2009 to Present Mechanicsburg, PA Maternal grandparents Baltimore Street Mother Jul 2008 to Feb 2009 Dillsburg, PA Jeff Cornman Mr. Cornman's 2 sons Wayne Drive Mother Mar 2007 to Jul 2008 Mechanicsburg, PA Locust Street Mother Oct 2005 to Mar 2007 Mechanicsburg, PA Locust Street Father 1999 to Oct 2005 Mechanicsburg, PA Mother 5. Petitioner seeks modification of the Orders of Court issued on August 15, 2006, and December 1, 2006, by the Honorable J. Wesley Oler, Jr. (True and correct copies of the August 15, 2006 and December 1, 2006 Orders are attached as Exhibit 1.) 6. Petitioner seeks modification of the Order because Respondent fails to provide a stable, healthy life for the child, thus causes significant harm the child's well- being, as does Respondent's extreme intoxication to which she exposes the child, all contrary to the child's best interest; and because Respondent's new paramour is potentially dangerous to the child. 7. Respondent's lifestyle is one of ongoing instability and turmoil which the child is forced to endure because of Respondent's primary custody. 8. Respondent has entered into at least eight relationships with various paramours over just the last three years, and in nearly every instance Respondent immediately integrates the paramour and his family into the child's life, often leaving their then current residence to move in with the new paramour. 9. Respondent's paramour as of late 2006 was a man named "Butch," who had a daughter. 10. The child was prepared by Respondent to move in with Butch after a hearing before this Honorable Court, but the move fell through and the move never occurred. 11. Respondent then acquired a new paramour, Jeff Cornman, who had a two sons, whom the child befriended. 12. The child was immediately integrated with Mr. Cornman and his family, but the relationship lasted for approximately one month. 13. Without lapse, Respondent acquired new paramour, "Garrett" mid-2007, who moved in with Respondent and the child that same summer. 14. Respondent ended the relationship and cohabitation with Garrett and, without lapse, acquired new paramour, "Keith," of Mt. Joy, who had a son. 15. The child was immediately integrated with Keith and family, and Respondent would travel frequently with the child to Mt. Joy to stay with Keith. 16. At one point, the child was advised that Keith's son would become his stepbrother. 17. Respondent advised Petitioner that she and the child would move in together with Keith upon location of a new home. 18. Petitioner subsequently left for a weekend vacation for the Independence Day holiday, and by the time Petitioner returned Respondent had ended her relationship with Keith and reacquired paramour Jeff Cornman. 19. Over Petitioner's objections, Respondent moved with the child into Mr. Cornman's home in Dillsburg, with his two sons, less than one month after resuming their paramour relationship. 20. The relocation to Mr. Cornman's home forced the child to leave his school and friends to attend another school in a different district. 21. While Respondent lived with Mr. Cornman, Petitioner would arrange for the child to be dropped off at Respondent's home before school, only to find that Respondent had not spent the night there and had yet to return home. 22. Respondent requested Petitioner to take custody of the child for the evening on February 14, 2009, as things were "bad" at her home with Mr. Cornman. 23. The child vocalized his stress and concern over the situation he and Respondent were in, including genuine concern that they would have nowhere to live. 24. The child requested Respondent that the two of them would stay with Petitioner at Petitioner's home. 25. Mr. Cornman ended the relationship with Respondent and ejected Respondent and the child from his home in February 2009. 26. Subsequent to being ejected from this most recent ex-paramour's home, Respondent and the child were homeless and Respondent moved again with the child, this time to her parents' home in Mechanicsburg. 27. After the move, the child would voice his sadness that he missed Mr. Cornman's two sons, whom he no longer sees. 28. Respondent placed the child's personal items in storage, including but not limited to his baseball trophies, video games, board games, bicycles, in February 2009, and the child has been forced to be without these important belongings to a ten year old for ten months. 29. The child has been forced to inappropriately share a bedroom with Respondent despite being ten years of age. 30. Respondent began dating a man in Franklin County named "Roy," and once again immediately took the child to spend time with him. 31. Respondent's relationship with Roy ended after a short duration. 32. Respondent recklessly restructures the child's life by immediately and constantly integrating him with a new paramour and family, only to consistently end that relationship and immediately acquire a new paramour and repeat this tumultuous cycle for the child. 33. Respondent forces this frequent, sweeping change upon the child by having him readjust to a new life, often including relocation to someone else's home during these very impressionable years. 34. As discussed above, Respondent's paramours have often had children of their own who have come in and out of the child's life along with Respondent's paramours, much to the child's sorrow. 35. Respondent's roving instability in her life and home has resulted in the child being forced consistently to relocate neighborhoods, switch schools, change households and generally make major overhauls of his life. 36. Respondent's turmoil and instability have prevented the child from forming lasting relationships with friends either in school or in the community, from sustaining a healthy social life, from maintaining a healthy body weight, and from performing well academically. 37. As a result of Respondent's unstable lifestyle, the child seems to have no friends and noticeably failed to receive even one invitation to a classmate's birthday party during the entire school year. 38. The child receives mediocre-to-poor grades in school, where he has the potential to perform far better. 39. The child is heavy for his height, despite Petitioner's efforts to regulate a healthy diet, as Respondent places the child under constant stress and fails to discourage unhealthy eating habits when the child is in her custody. 40. As of the date of filing, Respondent has once again entered into a relationship with a new paramour named Pete Trimble, who has a son and a daughter. 41. Respondent once again immediately integrated the child into the life of her new paramour and family. -1 42. The child has informed Petitioner recently that Respondent intends to move again with the child into the home of her new paramour. 43. Respondent has withheld this information from Petitioner. 44. Respondent's latest move will once again result in the child being forced to attend a different school if the school receives the required notification. 45. Respondent's new paramour has a lengthy criminal record including violent offenses. 46. Petitioner is concerned for the child's safety when in the presence of Respondent's new paramour. 47. Petitioner, in stark contrast to Respondent, has throughout this period consistently maintained a stable, positive lifestyle and household focused on the well- being of the child. 48. Respondent violates the Order of Court by becoming intoxicated during her custodial periods with the child. 49. Not only does Respondent violate the Order, but her drunkenness rises to an alarming extreme which both endangers and harms the child. 50. On November 14, 2009, Petitioner dropped off the child with Respondent following a brief period in which Petitioner and the child attended a family gathering for Petitioner's parents' fortieth wedding anniversary. 51. Respondent was at the home of an acquaintance and initially insisted, via text messages, that Petitioner return the child at an exchange to be made on the side of Trindle Road. 52. Petitioner steadfastly refused Respondent's reckless demand to exchange the child along the roadway, and thus Respondent allowed Petitioner to drop off the child at Respondent's acquaintance's home, where Respondent was attending a party. 53. At midnight - three hours after Petitioner had dropped off the child - Petitioner received an urgent and distressed call from the child, who was despondent and crying hysterically. 54. The child, panic-stricken and frightened, informed Petitioner that Respondent, despite her custodial period with the child, was severely intoxicated, and that he had found her lying on the floor. 55. In an effort to avoid unnecessary confrontation with Respondent, Petitioner sent his wife, Velvet Freeman, to retrieve the child to the safety of his home, while he stayed at home to watch his infant daughter. 56. When Velvet arrived, the child, still extremely frightened and crying hysterically, ran to the vehicle and ripped at the door frantically to get in. 57. The child put on his seat belt and asked to be taken to Petitioner's home. 58. At this point Respondent appeared at the vehicle, visibly intoxicated and belligerent. 59. Velvet stated to Respondent that Respondent was clearly intoxicated and that the child had called Petitioner because Respondent was so intoxicated that she had scared him and Respondent was in no condition to have custody of the child, who was extremely frightened and at the home of people he did not know. 60. Respondent placed the child in the middle of the incident by repeatedly demanding of him whether or not he actually wanted to leave, obviously intending to dissuade the child from leaving her. 61. Respondent eventually conceded to allow the child to be taken to Petitioner's home. 62. Respondent telephoned Petitioner the following morning who blamed the child for the incident by stating that she was furious with the child for calling both Petitioner and a friend and attempted a text message the pervious midnight when he found his mother intoxicated on the floor. 63. The child has informed Petitioner that this is not the only occasion where Respondent engages in extreme consumption of alcohol when he is in Respondent's custody, and not the only time he has found her intoxicated to the point of unconsciousness. 64. The child has discovered Respondent, his mother, passed out drunk and half nude on the toilet of the home they share with Respondent's parents. 65. Disturbingly, the child has developed the habit of repeating the story of Respondent's alcoholic blackout and inadvertently exposure of herself to the child in the bathroom as a humorous anecdote. ..; 66. The child has spontaneously informed Petitioner that Respondent goes out to party frequently while he is in her custody and that he has witnessed his mother intoxicated and vomiting late at night. 67. The child spontaneously informed Petitioner that he, the child, feels like he holds Respondent back from partying when he is in her custody. 68. Respondent consumes alcohol to the point of intoxication in conjunction with custody of the child; moreover becoming intoxicated to the point of unconsciousness, and thus violates the Order in the most extreme fashion. 69. Respondent cannot be trusted with her actions when in a state of such extreme intoxication; she is a danger to the child and cannot be trusted to provide parental supervision and maintain the child's safety, even when away from home. 70. Respondent also continues to scar the child psychologically with her extreme intoxication, as has been evidenced, variously, by the child's inappropriate humor at finding his mother passed out drunk on the toilet, by the child's frightened hysteria at finding her on the floor of a third party's home, and by the child's statement that he feels he is merely an impediment to Respondent's partying lifestyle. 71. Respondent fails to provide the child with clean clothes. 72. Respondent has forced the child to wear the same, filthy, unwashed pair of pants for four consecutive days. 73. Petitioner promptly washes the child's filthy clothes when the child is in his custody. 74. Petitioner will provide a stable, solid and positive home and environment that protects the child's mental and physical well-being. 75. Petitioner spends quality time with the child, in addition to being an attentive parent, including hockey games, fishing trips, movies and races. 76. The child's best interest and permanent welfare will be served by granting Petitioner primary physical custody to increase his time with the child significantly. 77. The best interest and permanent welfare of the child will be served by granting the relief requested because Respondent's ongoing turbulent and transient life of recklessly and carelessly involving the child in revolving paramours, relocation and excessive alcohol consumption defies the child's best interests; and because there is no need to allow the child's continued suffering in the hands of Respondent when Petitioner, the child's father and primary caregiver, is ready, willing and able to accept primary physical custody and provide a stable, caring life for the child. WHEREFORE, Petitioner requests your Honorable Court to schedule this matter for a conciliation conference and to subsequently grant Petitioner's request for modification of the August 15, 2006 and December 1, 2006 Custody Orders and grant Petitioner primary physical custody. %? ?V Jt?i9 Date -7?-- Respectfully submitted, Lori ndrew de , Esquire S reme Court 641203199 uro Law Offices ,, 28 South Pitt Street CaZtfsf , X17013 717-245-9688 Attorney for Petitioner r Ift KRISTEN N. FRE MAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TODD A. FREEMAN, Defendant NO. 05-5649 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY BEFORE OLER, J. TEMPORARY ORDER OF COURT AND NOW, this 15" day of August, 2006, upon consideration of Defendant's petiti to modify an existing custody order in the form of a "Petition To Confirm Custo y," with respect to the parties' child, Ashton James Freeman (d.o.b. September , 1999), following an initial period of hearing held on August 14, 2006, it is ordered and directed as follows, pending a permanent order following further earing scheduled for Thursday, November 30, 2006, at 9:30 a.m.: 1. Th parties shall share legal custody of the child. Each parent shill have an equal right, to be exercised jointly with the other p nt, to make all major non-emergency decisions affecting the child's general well-being including, but not limited t all. decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent s all be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, re igious or school records, the residence address of the child an of the other parent. To the extent one parent has possessio of any such records or information, that parent shall be requir to share the same, or copies thereof, with the other parent wi in such reasonable time as to make the records and information of reasonable use to the other parent; 2. Tli mother's relocation to Lemoyne, Cumberland County, ennsylvania, is authorized; 3.P mother; physical custody of the child shall be in the J 4. Ti be in the iry or partial physical custody of the child shall at the following times: a. During the school year, (1) For one three, from Friday Friday at 5:00 p.m.; week out of every at 5:00 p.m. until (2) Overnight on Wednesdays of the non-custodial weeks from 5:00 p.m. until the commencement of school the following morning; b. During the summer, for one week out of every two from Friday at 5:00 p.m. until Friday at 5:00 p.m.; 5. 1? child on twithstanding the foregoing, physical custody of the e following days shall be as follows: tsgiving Day: From after work on the Wednesday before Thanksgiving Day until 8:00 p.m. on Thanksgiving Day. (Even years - Father; Odd years - Mother) tmas Day: From 8:00 a.m. on 12/24 until 11:00 Hal) a.m. on 12/25. (Even years -- Mother, Odd years - Father) as Day: From 11:00 a.m. 12/25 until 8:00 p.m Halo 12/26 (Even years - Father, Odd years - Mother) Day: From noon until 8:00 p.m. (Even years - Mother, Odd years -- Mother) s Day: From noon until 8:00 p.m. (Even years - Father, Odd years - Father) 6. Both parties shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her home phone number. Each parent, step-parent, or live mate shall not unreasonably interfere with the child's right to rivacy during such telephone conversations, nor shall listen t ;that conversation on an extension telephone. Each i A 9 parent of any 7. parent permit persons alcohol of the c the chil and/or c 8 be the n 9. l deviatin THE COI Thursday, Noven County Courthow Diane G. Radcliff 3448 Trindle Ro Camp Hill, PA 1 Attorney for Plai Ann Levin, Esq. 4431 North Front Harrisburg, PA 1' Attorney for Deft 91 see that the child calls the other parent upon receipt one messages requesting such a return call. Wring any period of custody or visitation, neither call possess or use any controlled substance, or alcoholic beverages to the point of intoxication, nor iy other household members and guests or other possess or use any controlled substance, or consume beverages to the point of intoxication in the presence ild. Further both parents are prohibited from giving alcoholic beverages or controlled substances to use n for purposes of custody exchanges shall of the party receiving custody. thing herein is intended to preclude the parties from from the terms of this order by mutual agreement. USION of the hearing in this matter is scheduled for 30, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland Carlisle, Pennsylvania. Esq. 311 tiff --DCo Street 110 idant 04-it" BY THE COURT, F-k VINVA-MNN3d IN moo Z 1 :1! WV 91 911 90OZ d8+l0NOr' 4iCdd 3H1.40 3OU40-CM KRISTEN N. FREEMAN, Plaintiff V. TODD A. FREEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5649 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this Ist day of December, 2006, upon consideration of Defendant's petition to modify custody order in the form of a "Petition To Confirm Custody," with respect to the parties' child, Ashton James Freeman (d.o.b. September 5, 1999), and following a final period of hearing held on November 30, 2006, it is ordered and directed as follows: 1. The custodial terms of the temporary order of court dated August 15, 2006, are entered as a final order, except as modified hereafter; 2. Paragraph 2 of the said order is amended to read as follows: "The mother's relocation to Lemoyne, Cumberland County, Pennsylvania, is authorized; provided, that nothing herein is intended to require her to relocate to Lemoyne;" 3. Paragraph 5 of the said order is amended to read as follows, with respect to Christmas Day: Christmas Day: From 8:00 a.m. on 12/24 until (First Half) 1:00 p.m. on 12/25. (Even years-Mother, Odd years- Father) Christmas Day: From 1:00 p.m. on 12/25 until (Second Half) 8:00 p.m. on 12/26 (Even years-Father, Odd years- Mother) VWv'41,kqSNN3d ,,. V+ifiJ 90.3 Nd 1- 030 90OZ AbVIOiNv "OW M 30 ?Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ,inn Levin, Esq. 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant 4 BY THE COURT, VERIFICATION I, Todd A. Freeman, verify that the statements contained in the Petition to Modify Custody are true and correct, to the best of my knowledge and belief. i understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Todd A. Freeman CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition to Modify Custody upon Respondent, Kristen N. Freeman, by depositing the same in the United States Mail, first class, postage pre-paid, certified return receipt, and by first-class mail, and upon Diane G. Radcliff, Esquire, on the Fifteenth day of December, 2009, from Carlisle, Pennsylvania, addressed as follows: Kristen N. Freeman 24 W. Coover Street Mechanicsburg, PA 17055 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011-4438 TURO LAW OFFICES Lorin dr Sny r, Esquire 28 outh Pitt t arlisle, PA 17 13 71-7-'245-9688 Fax: 717-245-2165 Attorney for Petitioner CF Ti-i 2! 9 GE : 15 F-I 2: KRISTEN N. FREEMAN, Plaintiff, V. TODD A. FREEMAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA NO. 05 - 5649 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Ann V. Levin, Esquire, and Smigel, Anderson & Sacks on behalf of the Defendant in the above-captioned matter. Respectfully Submitted, ''`4 - / V Date Ann V. Levin, Esquire PA ID #70259 Smigel, Anderson & Sacks 4431 N. Front Street, 3`d Flr. Harrisburg, PA 17110-1778 717-234-2401 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Lorin Andrew Snyder, Esquire, and Turo Law Offices on behalf of the Defendant in the above-captioned case. 1 Z/Zaq Dat Respectfully Submitted, rorin Andrew PA ID # 2031 Tura Law Off 28 South Pitt (717) 245-9688 3 , Esquire FILED-DI FICE OF THE P 7 E-?f.-,! ')TARY 2009 DEC 15 PM 2: 05 CU ui?'. KRISTEN N. FREEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-5649 CIVIL ACTION LAW TODD A. FREEMAN IN CUSTODY DF:FF.NDANT ORDER OF COURT AND NOW, Monday, December 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 20, 2010 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILL-l 2009 DEC 28 Pii 12: 0 V ?a a? o ? a4 KRISTEN N. FREEMAN, Plaf, : IN THE COL RT OF COMMON pLEAS ?,CUMBEFUJV 7 COUNTY, PE# .V V. NO. 05 --NW CIVIL. TERM iLLfy TODD A. FREEMAN, : CIVIL ACTION - LAW [pendant. : IN CUSTODY CUSSTODY $TIPU! AEM AS3 THJS STIPULATION AND AGREEMENT, entered into this 3 clay of , 2010, by and between Todd A. Freeman and Kristen N. Freeman is executed in contemplation of becoming an Order of Court. WHEREAS, Todd A. Freeman and Kristen N. Freeman are the parents of Ashton James Freeman, bom September 5, 1999: and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of Ashton James Freeman. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. All previously existing custody orders are hereby vacated. 2. Ashton James Freeman (hereinafter the 'Child*) is the natural child of Todd A. Freeman (Ihereinaftar the 'Father`) and Kristen N. Freeman {hereinafter the "Mother" y. 3. The parties shall share legal custody of the Child. Each parents shall have on equal right, to be excised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limned to, all decisions regarding the Child's health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including. but not limited to, medical, dental, retigiious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parents shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and Information of reasonable use to the other parent. 4. The parties shall have joint physical custody of the Child in alternating weeks, from Monday to Monday. During the school year, the exchange of custody shall OF Tff MTHWTAW %UWW f 1 occur at the end of the school day. During the summer, On exciiiange shall AM 5:00 P.M. 5. Notwithstaa9dk?g the foregoing, physical custody of to dit an the following holidays shah be as follows: a. Thanksgiving' Day: From after work on the Wednesday beak Thanksgiving Day until 8:00 p.m. on Thanksgiving Day. (Even years - Father: Odd years Mother) b. Christmas Day (First Hatt): From 8:00 a.m. on December 24th until 1:00 p.m. on December 25th. (Even years - Mother, Odd years - Father) C. Christmas Day (Second Halt): From 1:00 p.m. on December 25th until 8:00 p.m. on December 28th (Even years - Father, Odd years - Mother) d. Mother's Day: From noon until 8:00 p.m. (Every year - Mother) e. Fathers Day: From noon until 8:00 p.m. (Every year Father) 6. The Father's address shall be the permanent address of the Child for the purposes of school-related registration. 7. Both parties shall be afforded reasonable telephone contact with the Child while in the other parser's custody and for said purposes each parent shall provide the other parents with his or her phone number. Each parent, step-parent or live-in mate shall root unreasonably Interfere wk the Child's right to privacy during such telephone Conversations, nor shall listen to that conversation on an extension phone. Each parent shall see that the Child calls the other parent upon receipt of any phone messages requesting such a return call. 8. While in the presence of the Child, no party shalt make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to any parent, or in any way Injure the opinion of the Child as to any parent, or in any way estrange the Child from any parent. It shall be the responsibility of each party to uphold the other parents as those to whom the Child owes love and respect. 0. During any period of custody or visitation, neither parent shall possess or use any controlled substance, or consume alcoholic beverages to the paint of Intoxication, nor permit any other household members and guests or other persons to nosssaess or use anv controlled substance, or consume alcoholic beverages to the point of intoxication in the presence of the Child. Furth, both Wants are prohibited giving the Child alcoholic beverages or oentroiled st+bstarlm to use eWor cronstmne 10. Transportation for purposes of aidody exchanges shall be the ' respansibitity of the party receiving custody. 11. Nothing herein is intended to preclude the parties from deviating from ft terms of this order by mutual agreement. WHEREFORE, agreeing to be legally bound, the parties hereby aft their signatures. i Father _ Mother /"q 8111 o FEB o ¢ 20ro KRISTEN N. FREEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 05 - 5649 CIVIL TERM TODD A. FREEMAN, CIVIL ACTION - LAW Defendant. IN CUSTODY ORDER OF COURT AND NOW, this day of Ge L _ , 2010, upon consideration of the attached Custody Stipulation Agreement, it is Ordered and Directed as follows: 1. All previously existing custody orders are hereby vacated. 2. Ashton James Freeman (hereinafter the "Child") is the natural child of Todd A. Freeman (hereinafter the "Father") and Kristen N. Freeman (hereinafter the "Mother"). 3. The parties shall share legal custody of the Child. Each parents shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding the Child's health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parents shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. The parties shall have joint physical custody of the Child in alternating weeks, from Monday to Monday. During the school year, the exchange of custody shall occur at the end of the school day. During the summer, the exchange shall occur at 5:00 p.m. 5. Notwithstanding the foregoing, physi?fQ?l f the child on the following holidays shall be as follows: ;;irRD AW10WHiUdd 3HL ICJ S a. Thanksgiving Day: From after work on the Wednesday before Thanksgiving Day until 8:00 p.m. on Thanksgiving Day. (Even years - Father; Odd years - Mother) b. Christmas Day (First Half): From 8:00 a.m. on December 24th until 1:00 p.m. on December 25th. (Even years - Mother; Odd years - Father) C. Christmas Day (Second Half): From 1:00 p.m. on December 25th until 8:00 p.m. on December 26th (Even years - Father; Odd years - Mother) d. Mother's Day: From noon until 8:00 p.m. (Every year - Mother) e. Father's Day: From noon until 8:00 p.m. (Every year - Father) 6. The Father's address shall be the permanent address of the Child for the purposes of school-related registration. 7. Both parties shall be afforded reasonable telephone contact with the Child while in the other parent's custody and for said purposes each parent shall provide the other parents with his or her phone number. Each parent, step-parent or live-in mate shall not unreasonably interfere wit the Child's right to privacy during such telephone conversations, nor shall listen to that conversation on an extension phone. Each parent shall see that the Child calls the other parent upon receipt of any phone messages requesting such a return call 8. While in the presence of the Child, no party shall make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to any parent, or in any way injure the opinion of the Child as to any parent, or in any way estrange the Child from any parent. It shall be the responsibility of each party to uphold the other parents as those to whom the Child owes love and respect. 9. During any period of custody or visitation, neither parent shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication in the presence of the Child. Further, both parents are prohibited from giving the Child alcoholic beverages or controlled substances to use an/or consume. 10. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody. 11. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. c.c. " rin A. Snyder, Esq. Gregory S. Hazlett, Esq. afs/?v BY THE COURT, J. FEB 0 9 2010 KRISTEN N. FREEMAN Plaintiff VS. TODD A. FREEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-5649 CIVIL ACTION LAW IN CUSTODY ORDER ° n - F _o n 1 AND NOW, this 4th day of February, 2010 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 5, 2010 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator