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HomeMy WebLinkAbout06-0332 John J. Connelly, Jr., Esquire Attorney LD. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. :NO. tJf.,,'33~ DEIDRE L. BOARMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY I. The Plaintiff is Michael C. Boman, residing at II Northwatch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Deidre L Boman, residing at 218 East Countryside, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following children: NAME PRESENT RESIDENCE D.O.B. Laure Boman 218 East Countryside Boiling Springs, P A 17007 6/11/1992 Chandler Boman 218 East Countryside Boiling Springs, P A 17007 11/12/1996 4. The children were not born out of wedlock. 5. The children are presently in the custody of Defendant, who resides at 218 East Countryside, Boiling Springs, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Michael C. Boarman and Deidre L. Boarman 757 Dogwood Terrace Boiling Springs, P A 17007 1997 to February 2001 Michael C. Boarman and Deidre L. Boarman II Northwatch Lane Mechanicsburg, P A 17050 February 2001 12/28/2005 Deidre L. Boarman 2 18 East Countryside Boiling Springs, P A 17007 12/29/2005 until present 7. The mother of the children is Deidre L. Boarman, currently residing at 218 East Countryside, Boiling Springs, Pennsylvania. She is married. 8. The father of the children is Michael C. Boarman, currently residing at II Northwatch Lane, Mechanicsburg, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides alone. 10. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME Laure Boarman Chandler Boarman Richard Basehore Delores Basehore RELATIONSHIP daughter son father mother II. Plaintiff has participated as a party in other litigation concerning the custody of the children in this court. The Defendant included a custody count in her divorce action indexed to 05- 6395 which the Plaintiff answered. 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. 12. The best interest and permanenl welfare of the children will be served by granting primary physical custody to the Plaintiff. The Plaintiff believes and therefore avers that the behaviors exhibited by the Defendant in recent months require that he be the primary custodian of the children. 13. 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. WHEREFORE, the Plaintiff, Michael C. Boarman, requests that the court grant to him primary physical custody of the minor children, Laure Boannan and Chandler Boannan. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dale: \\\1) 0 L, . VERIFICATION I verifY that the statements made in this Complaint for Custody are true and correct I understand that false statements herein are made subject to the penalties of I 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I ~ 11- 0 U, '?--4~' ~ :;2.. ~~/~ Michael C. Boarman, Plaintiff . MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. :NO. DEIDRE L. BOARMAN, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Michael C. Boarman, hereby certify that I have served a copy of the foregoing Complaint for Custody on the following on the date and in the manner indicated below: VIA V.S MAIL. FIRST CLASS. PRE-PAID Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 JAMES, SMITH, DIETIERICK & CONNELLY, LLP Dated: ~ By: " \ " CSl~'v~CJ / . JJ. nnelly, Jr. ... Ajol:!,1ey I. . #15615 '-~ --P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff tv -:\t- o ('C ""- 0', "" \J', ;,. --- '" '" ~ ~ ;;:.,. ~ V\ (; f,-"l , ..-. ~.l".\ ',I ,... ( (:-' MICHAEL C. BOARMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v. 06-332 CIVIL ACTION LA W DElDRE L. BOARMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesd."Y' January 24, 2006 ._' upon consideration of Ihe attached Complaint, it is hereby directed that partics and their respective counsel appear before Jacqueline M, Verney, Esq. , the conciliator, at 4th Floor, Cumberland~ountrCourthouse, Carlisle on Tuesday, February 14, 2006 at 8:30_AM for a Pre-Hearing Custody Conference. At sueh conterenee, an effort will be made to resolve the issues in dispute; or if this cannot be aecornplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All childrcn age five or older may also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or penn anent order. The court herehy directs the PlIrties to furnish any and all existiog Protection from Abuse orders, Special Relief orders, lIod Custody orders to the coociUlItor 48 hours prior to scheduled heario\!:. FOR THE COURT. By: /s/ lacquelineM. Vernev, Es'1:.--_~' Custody Conciliator V The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accomrnodations available (0 disabled individuals having business before the court, please contact our oftlce. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania \70 \ 3 Telephone (717) 249-3166 ~ L~7'7/ $;(/, ~ Y'~ ~] " .. jY - , 'tv- /If / ~ ~:2 ~,'7YY ?~li; '7r?~rl ~/ ~ :2 ~'YVV' ~::/rJ.?jl '7(71JC"-1 q \.J .~ 'L\ r.., ~~ 1\ \' \' \~ \ \)- "I...~'" ;1"'" , j i)r-l'" ir'I' . - v L ) -tu ,. , I MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-332 CIVIL ACTION - LAW DEIDRE L. BOARMAN, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this I ~ \\ day of f e.. b (lla.r J ,2006, upon consideration of the attached Custody Conciliation Repo , It IS ordered and dIrected as follows: I. The Father, Michael C. Boarman and the Mother, Deidre L. Boarman, shall have shared legal custody of Laure' Boarman, born June II, 1992 and Chandler Boarman, born November 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms ofPa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. Father shall have physical custody of the children as follows: A. With both children, beginning Friday, February 17,2006 alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. When the children have a holiday from school on the Mondays that coincide with Father's weekend, Father's period of physical custody shall extend to Monday at 5:30 p.m. , B. With both children, beginning Wednesday, February 15, 2006 every Wednesday overnight from after school to Thursday morning when Father will be responsible for getting the children to school. C. With Chandler, beginning Monday, February 20, 2006 every Monday overnight from after school to Tuesday morning when Father will be responsible for getting Chandler to school. D. Such other times as the parties agree. E. In the event that an out-of-town is planned for the children on Father's weekend, Father shall have makeup time for his weekend. 3. Mother shall have physical custody ofthe children at all other times unless otherwise provided for in this Order. 4. The parties shall cooperate with a custody evaluation to be performed by Riegler & Shienvold. Father shall pay for said evaluation, but reserves the right to request the Court to pro rate the cost ofthe evaluation. Both parties shall sign all necessary releases so that the custody evaluator has information on the parties' medical history, including mental health counseling. In addition, if deemed appropriate by the custody evaluator, both parties will supply hair samples for drug and alcohol evaluations. 5. The parties shall cooperate with Chandler's counseling. 6. Father shall, as soon as practicable, arrange counseling for Laure' and participate therein if recommended by her counselor, 7, In the event that either party is in need of a babysitter during their period of physical custody, they shall give the non-custodial parent at least 24 hours notice (and more if possible) and offer the non-custodial parent the babysitting opportunity. 8, Father shall assure that the children attend their extracurricular activities while they are in his physical custody. 9, Transportation shall be shared such that Mother shall pick up the children on Sundays and Father shall be responsible for all other transportation. 10. The parties shall absolutely not discuss custody with the children. 11. The parties shall alternate the following holidays: Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas and New Year's Day. Father shall have Easter, 2006. 12. Each party shall be entitled to two non-consecutive weeks in the summer provided they give the other party 30 days prior notice. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of . mutual consent, the terms ofthis Order shall control. Another Custody Conciliation Conference may be scheduled by either party if necessary once the custody evaluation is complete. BY THE COURT, ,-t LW cc: John J. Connelly, Jr., Esquire, Counsel for Father Jeanne' Costopoulos, Esquire, Counsel for Mother ~ /Tv1-uli 01. /!f', of" 4-, SS :2 1\:J';;1'~ ",; ---."\,-,,,-' !c',i k) "J S i 83.:1 -".. ;L -'1 :'_i,tL . :d.C!:"i[DU; ~..c,S~ MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-332 CIVIL ACTION - LAW DEIDRE L. BOARMAN, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laure' Boarman Chandler Boarman June 11, 1992 November 12, 1996 Mother Mother 2. A Conciliation Conference was held in this matter on February 14,2006, with the following in attendance: The Father, Michael C. Boarman, with his counsel, John J. Connelly, Jr., Esquire, and the Mother, Deidre L. Boarman, with her counsel, Jeanne' Costopoulos, Esquire. 3. Neither party agreed with the Temporary Order as both seek primary physical custody. However, pending a custody evaluation, both parties agreed to abide by the Temporary Order of Court in the form as attached. c2 - I Lf -0 " Date l . / {/~ ~~'----<. /~, ,z ~j Mcqu ne M. Verney, Esquire Custody Conciliator John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff MICHAEL C. BOARMAN, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL Y ANIA v. : NO. 2006-332 DEIDRE L. BOARMAN, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Michael C. Boarman, by and through his counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Answer as follows: 1. Petitioner is Michael C. Boarman, Plaintiff in the above-captioned action, currently residing at 11 Northwatch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Deidre L. Boarman, Defendant in the above-captioned action, currently residing at the residence of Brian Diller, located at 6690 Wertzville Rd., Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the parents of two minor children, Laure E. Boarman, born June 11, 1992, and Chandler B. Boarman, born November 12, 1996. 4. On February 15,2006, after a custody conciliation conference, an Order was entered regarding custody. Said Order is attached hereto and marked as Exhibit "A". 5. The Order referenced as Exhibit "A" provides for the parties to share legal custody with Petitioner having physical custody as specifically in paragraph 2 of the said Order. 6. At the time of the entry of the Order, Respondent resided at 1 Foxanna Drive, Carlisle, Cumberland County, Pennsylvania. 7. Since approximately May 1, 2006, Respondent was evicted from her residence and at the time of her eviction advised the Petitioner that she was moving to her parents' residence in Boiling Springs, Pennsylvania. 8. Pursuant to the Order of Court of February 15, 2006, the parties are in the process of a custody evaluation with Arnold T. Shienvold, Ph. D., Riegler, Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, Pennsylvania. 9. As part of the evaluation, because of the Petitioner's allegation that Respondent used drugs, drug testing was directed by Dr. Shienvold. A copy of a letter sent to counsel for the parties by Dr. Shienvold is attached hereto and marked as Exhibit "B". The parties were directed by Dr. Shienvold to make an appointment for testing by May 2, 2006. 10. Your Petitioner believes and therefore avers that Respondent has continued to use drugs throughout the period since the entry of the Court Order and to date, Respondent has failed to arrange for or submit to the drug test requested by Dr. Shienvold. 11. Respondent has not complied with the custody evaluation by failing to show up for her appointment at Dr. Shienvold's office on Tuesday, May 16,2006. Since her failure to appear at her appointment, she has not attempted to reschedule. 12. In spite of the fact that Respondent represented that she was living with her parents, Petitioner has determined that she has moved in with an individual named Brian Diller whose residence is the address set forth in paragraph 2 hereof. The Respondent began having an affair with Mr. Diller prior to the separation of the parties. Mr. Diller has a criminal record including a sentence served in Cumberland County Prison for possession of cocaine. Mr. Diller has a criminal 2 record which includes, but is not limited to, a sentence served in Cumberland County Prison for possession and delivery of cocaine. 13. It has been reported to the Petitioner by friends and acquaintances that Mr. Diller was supplying cocaine to the Respondent and doing drugs with the Respondent. Individuals who supplied the information regarding the Respondent's drug use are prepared to appear in Court if Subpoenaed and testify as to their personal knowledge of the Respondent's drug use. 14. When the Petitioner's minor children are not residing with him during his designated periods of custody at the former marital residence, they are residing with the Respondent at Brian Diller's residence. The Petitioner has expressed strong objection to the Respondent about having the children around Mr. Diller because of his history of drug dealing and drug use. 15. The parties' daughter Laure in addition to spending overnights at Mr. Diller's residence when not in the Petitioner's custody has also spent overnights at a friend's of the Respondent's, Kim Fetrow, and also at Ms. Fetrow's ex-husband's residence, Richard Fetrow. All of these overnights are in lieu of spending time with the Petitioner. The Respondent never offers the alternative of either of the children staying with the Petitioner when she either stays at Mr. Diller's residence or when she stays at other residences. 16. The parties' son, Chandler, is doing poorly in school. Your Petitioner believes and therefore avers that there is no structure in the nomadic environment created by the Respondent. 17. Your Petitioner believes and therefore avers that it is in the best interest of both children that they be placed in his primary physical custody pending the completion of the drug testing as well as the custody evaluation being done by Dr. Shienvold. 18. The failure of the Respondent to take the drug test and appear at her appointment at Dr. Shienvold's office to move along the custody evaluation, hampers the ability for the case to be 3 completed and bolsters the Petitioner's contention that Respondent is acting irresponsibility and using drugs. 19. On a recent occasion, a friend of the Respondent's observed her smoking marijuana and was told by the Respondent that she knew she would not pass a drug test. This individual also observed the Respondent attempting to find alternatives to beat a drug test. The Respondent has lost a substantial amount of weight in recent months which also leads the Petitioner to believe that she is continuing to use drugs. 20. The totality of the circumstances alleged herein necessitate the transfer of primary custody to the Petitioner pending the outcome of a custody evaluation. The Petitioner further believes that it is in the best interest of the children to have partial custody with the Respondent at either the location of their grandparents or possibly the home of Richard Fetrow who is a neutral party and friend of both the Petitioner and the Respondent. It is unacceptable for the children to be residing at a location other than their life long residence, and the home of the Petitioner. WHEREFORE, it is in the best interest of the children that they be placed in the primary physical custody of Petitioner pending the completion of the custody evaluation and drug testing as aforesaid. Respectfully submitted, JAMES, SMITH, DIETIERICK & CONNELLY, LLP Dated: May 25,2006 By: Attorneys for Petitioner 4 VERIFICATION I, Michael C. Boannan, verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: o/961o~ / , y~~. Michael C. B an ~ EXHIBIT "A" -. r'~ r- I ./ r 0 -\-rl ., "re" ; C . L. ,.' c' - ... '.... L ,. '1) . _...._ l-!.,.I ...t. .'. ""... ~y MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-332 CIVIL ACTION - LAW DEIDRE L. BOARMAN, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this /.5tJ":: day of ~~ ,2006, upon consideration of the attached Custody ConcIlIatiOn eport, It IS ordered and directed as follows: 1. The Father, Michael C. Boarman and the Mother, Deidre L. Boarman, shall have shared legal custody of Laure' Boarman, born June 11, 1992 and Chandler Boarman, born November 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regatding their health, education and religion. Pursuant to the terms ofPa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. Father shall have physical custody of the children as follows: A. With both children, beginning Friday, February 17,2006 alternating weekends from Friday at 5:30 p.m. to Sunday at 5:30 p.m. When the children have a holiday from school on the Mondays that coincide with Father's weekend, Father's period of physical custody shall extend to Monday at 5:30 p.m. B. With both children, beginning Wednesday, February 15,2006 every Wednesday overnight from after school to Thursday morning when Father will be responsible for getting the children to school. C. With Chandler, beginning Monday, February 20,2006 every Monday overnight from after school to Tuesday morning when Father will be responsible for getting Chandler to school. D. Such other times as the parties agree. E. In the event that an out-of-town is planned for the children on Father's weekend, Father shall have makeup time for his weekend. 3. Mother shall have physical custody of the children at all other times unless otherwise provided for in this Order. 4. The parties shall cooperate with a custody evaluation to be performed by Riegler & Shienvold. Father shall pay for said evaluation, but reserves the right to request the Court to pro rate the cost of the evaluation. Both parties shall sign all necessary releases so that the custody evaluator has information on the parties' medical history, including mental health counseling. In addition, if deemed appropriate by the custody evaluator, both parties will supply hair samples for drug and alcohol evaluations. 5. The parties shall cooperate with Chandler's counseling. 6. Father shall, as soon as practicable, arrange counseling for Laure' and participate therein if recommended by her counselor. 7. In the event that either party is in need of a babysitter during their period 'ofphysical custody, they shall give the non-custodial parent at least 24 hours notice (and more if possible) and offer the non-custodial parent the babysitting opportunity. 8. Father shall assure that the children attend their extracurricular activities while they are in his physical custody. , 9. Transportation shall be shared such that Mother shall pick up the children on Sundays and Father shall be responsible for all other transportation. 10_ The parties shall absolutely not discuss custody with the children_ 11. The parties shall alternate the following holidays: Easter, Memorial Day, July 41\ Labor Day, Thanksgiving, Christmas and New Year's Day. Father shall have Easter, 2006. 12. Each party shall be entitled to two non-consecutive weeks in the summer provided they give the other party 30 days prior notice. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference may be scheduled by either party if necessary once the custody evaluation is complete. BY THE COURT, /s/m.1 ~, 0- J. cc: John 1. Connelly, Jr., Esquire, Counsel for Father Jeanne' Costopoulos, Esquire, Counsel for Mother THUE COPY FROM REeOHu In Tlltlmony whereof, , her. unto set my haM and the ~ If saJd Court at Cariisie. Fa. fhf& J"L ~ fII~ -1"'(. - ( ), J . Yh-4ilU ~ .~~ . Prothonotlri MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-332 CIVIL ACTION - LAW DEIDRE L. BOARMAN, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this l_itigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laure' Boarman Chandler Boarman June 11, 1992 November 12, 1996 Mother Mother 2. A Conciliation Conference was held in this matter on February 14,2006, with the following in attendance: The Father, Michael C. Boarman, with his counsel, John 1. Connelly, Jr., Esquire, and the Mother, Deidre L. ,Boarman, with her counsel, Jeanne' Costopoulos, Esquire. 3. Neither party agreed with the Temporary Order as both seek primary physical custody. However, pending a custody evaluation, both parties agreed to abide by the Temporary Order of Court in the form as attached. :J - I L.I -06 Date ) . t / .~ '. /. " L-...--z. / i. . l ~0_ Mcqu fne M. Verney, Esquire I' Custody Conciliator L_ EXHIBIT "B" . ~ 1 Riegler. Shienvold W & Associates April 25, 2006 Elliot Riegler, Ph.D. (1948- I 999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW Harvey H. Shapiro, MD Willian1 Dietrich, LCSW Sandra Wiley, LCSW John Connelly, Esquire P.O. Box 650 Hershey, PA 17033 Jeanne' Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 Re: Michael C. Boarman v. Deidre L. Boarman Dear Attorneys, In the process of doing the custody evaluation in this case the issue of illegal drug usage has been raised. I believe that the easiest way to eliminate the issue of current, or recent drug use is to have each of the parents submit themselves for a hair follicle drug test. It is important that the test be done on a hair follicle because that methodology allows for an examination of drug use for up to the last six months. Therefore, I am requesting that your clients ask their respective family physicians to order a drug screen, by hair follicle analysis, in order to assess for the use of marijuan~ cocaine, amphetamines and opiates. It has been brought to our attention that not all labs do the hair follicle analysis. However, we have learned that Occupational Health Associates in Chambersburg will perform the hair follicle analysis. The phone number for Occupational Health Associates is 717- 261-0929. AdditionalJy. I am requesting that vour clients inform us whichever lab is chosen and that the lab phone our offICe prior to performing the drug screen so that lmav speak with the technician. Finally, I would like to request that your clients have the lab forward the results of the testing to this office. In order to insure that I can provide a timely evaluation, I am asking that they make arrangements to have the testing done within the next week. I am writing to you only to inform you of my request and to allow you to raise any objections to this part of the evaluation. 2151 Linglestown Road, Suite 200 . Harrisburg, Pennsylvania 17110 · (717) 540-1313 . Fax: (717) 540-1416 Page 2 Re: Michael C. Boarman v. Deidre L. Boarman If you have any questions regarding this matter, please feel free to contact me. Sincerely, ...\ . ~.tl f. (~ Arnold T. Shienvold, Ph.D.- ~ . MICHAEL C. BOARMAN, Plaintift/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-332 DEIDRE L. BOARMAN, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Michael C. Boarman, hereby certify that I have served a copy of the foregoing Petition for Emergency Relief on the following on the date and in the manner indicated below: VIA FACSIMILE 717-920-9108 AND U.S. MAIL. FIRST CLASS. PRE-PAID Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, P A 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 6"( ~ 5/0 ~ By: Attorneys for Plaintiff, Michael C. Boarman ~~ v-. 00 \)v '<.) ~ $ ~ ,J I'. n;r 0\ ~ ~ o c ~ = (;;;:::> 0'" ~ -;."... o 11 --I i=h11 r- r'~ 9 .1 (":) '"y'; --, ~::::'~ (~ ---{ ~ -< :t~. -< N OJ ):100 -.. -1"'" co (::1 N MICHAEL C. BOARMAN, Plaintiff/Petitioner I RECl'::1 V J:<~LJ I \ MAY 2 6 2006 BY: ~. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . ~ v. : NO. 2006-332 DEIDRE L. BOARMAN, Deferidant/Respondent : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, upon consideration of the attached Petition for Emergency Relief, it is hereby directed that pending a custody conciliation conference and hearing in this matter, the children, Laure Boannan, born June I I, 1992, and Chandler Boannan, born November 12, 1996 shall immediately be placed in the primary physical custody of the Petitioner. A hearing on the attached Petition is scheduled for ~ ~ I 2006, at ~5 _.Ip.m. before The Honorable --1'Y\ . 'J.. ~'tr. , Cumberland County Courthouse, One Courthouse Square, Courtroom No. 5, Carlisle, Pennsylvania. By the Court, Date of Order: By: J. - C"", .., ,\-r" UI.J\~:)':' ',,_' i)-,..)J\\ \ '[ p;,:Jri\~~::{UjN\\\J.\ FlLED-(\erICr. OF 1rIE. ?P.QI\JON01AR'I LU~O l'\~ ~ 2& Pl'\ \: \ \ J. By: Date of Order: By the Court, A hearing on the attached Petition is scheduled for ~.3 J 2006, at ~.5 _.Jp.m. before The Honorable m . ';/.. ~. tr. , Cumberland County Courthouse, One Courthouse Square, Courtroom No. S, Carlisle, PennsYlvania. shalI immediately be placed in the primary physical custody of the Petitioner. children, Laure Boarman, born June 1 I, 1992, and Chandler Boarman, born November 12, 1996 hereby directed that pending a custody conciliation conference and hearing in this matter, the AND NOW, upon consideration of the attached Petition for Emergency Relief, it is OBDER : CIVIL ACTION - LAW : IN CUSTODY DEIDRE L. BOARMAN, Deferidant/Respondent : NO. 2006-332 v. BY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL C. BOARMAN, PIaintifflPetitioner MAY 2 6 2006 ~_l.__ t~J. VJ:f_.LJ . <> \ MICHAEL C. BOARMAN, Plaintiff/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEIDRE L. BOARMAN, Defendant/Respondent: CIVIL ACTION - LAW NO. 06-332 CIVIL IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 31st day of May, 2006, after hearing on the Petition for Emergency Relief, the Court finds that the Petitioner has sustained his burden of proof and his petition is granted. Primary custody of the two children, Chandler and Laure, are awarded to Michael C. Boarman. Counsel, on or before the close of business on Monday, June 5th, 2006, will provide the Court with a proposed schedule of partial temporary custody for the mother. Said custody shall be under the supervision of the mother's parents and will take place only in the mother's parents' home. If the parties cannot agree on a schedule, the Court will set the schedule after review of each party's proposal. Father is directed to pay the sum of $100.00 today to the mother. This money will be used exclusively for the purpose of paying for the drug test and transportation to and from the place where the drug test is to be administered. It is further Ordered and Directed that the .. ' \ children will complete their schooling at Cumberland Valley for this school year. It will be the responsibility of the father to arrange for transportation of the children to and from their present schools. The mother is directed to fully comply with all the requests and appointments necessary to complete the custody evaluation and to submit to the requested drug test immediately. As soon as the evaluation is complete, the Court will entertain petitions to modify this order pending a regular custody conciliation conference. By the Court, ~~ M. L. Ebert, ~hn J. Connelly, Jr., Esquire For the Plaintiff/Petitioner ~ ~eanne B. Costopoulos, Esquire For the Defendant/Respondent :lfh -(.ld ---.-,..,:'")1"\ "';/'\;: h...J 8 S =6 !lit S - llnr 900Z Ai.:Jvl(j,\!Ui, 31.11. :/0 38L!:{;CEJlI:j e e MICHAEL C. BOARMAN, Plaintiff/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEIDRE L. BOARMAN, Defendant/Respondent: CIVIL ACTION - LAW NO. 06-332 CIVIL IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE M. L. EBERT, JR., J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, May 31, 2006, commencing at 3:15 p.m. in Courtroom Number Five APPEARANCES: John J. Connelly, Jr., Esquire For the Plaintiff/Petitioner Jeanne B_ Costopoulos, Esquire For the Defendant/Respondent ORIGINAL e e INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Susan Smith 3 7 Stephen M. Urban 8 22 23 Michael Charles Boarman 24 39 43 Richard Fetrow 47 50 54 Carl Robert Crone 56 Michael Charles Boarman, 62 65 recalled Richard Fetrow, recalled 66 68 Bruce Edward Basehore 70 75 FOR THE DEFENDANT Deidre Boarman 77 90 Cassandra Lee Basehore 101 105 106 REBUTTAL Michael Charles Boarman 109 2 - - 1 THE COURT: This is the time and place set 2 for hearing on a Petition for Emergency Relief in the matter 3 of Boarman versus Boarman docketed to No. 2006-332. Mr_ 4 Connelly, I believe you have the burden and you may proceed. 5 MR. CONNELLY: Yes, Your Honor. I initially 6 indicated to Jeanne that I thought we would contact Susan 7 Smith at Dr. Shienvold's later, but I note now it's quarter 8 after three and I'm concerned by the time we get through a 9 witness, she may not be there. With the Court's permission 10 if we can contact her now and do hers by telephone. 11 THE COURT: Please do so. You indicated to 12 me that it would be relatively brief also? 13 MR. CONNELLY: Very brief. 14 THE COURT: Unless you have any objection, 15 Ms. Costopoulos, we'll proceed. 16 MS. COSTOPOULOS: No objection. 17 MR. CONNELLY: Susan, John Connelly. We're 18 here in Judge Ebert's courtroom with the Boarmans. Jeanne 19 Costopoulos is representing Mrs. Boarman and Judge Ebert is 20 here on the bench. We need to hear brief testimony from 21 you, and you need to be sworn. 22 Whereupon, 23 SUSAN SMITH 24 having been duly sworn, testified a follows: 25 DIRECT EXAMINATION 3 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 e e BY MR. CONNELLY: Q State your name for the record. A Susan Smith. Q And what is your position? A I am Dr. Shienvold's administrative assistant. Q Are you familiar with the Michael Boarman/Deidre Boarman custody evaluation? A Yes, I am. Q And do you have records in front of you that would indicate information regarding appointments? A Yes, I do. Q When did this evaluation first begin? A The evaluation began with Michael Boarman's initial visit on April 10th of 2006. Q And how many visits has Michael Boarman had since April 10? A one on 5/18. Q A Q A 5/2. Q Michael has had two visits, one on 5/4 and And a visit on April 10 as well, correct? Yes. How many visits has Mrs. Boarman had? She has had one visit, her initial visit on And what occurred on five -- is that 5/6? 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e I'm sorry, 5/16/06? A Yes, that was the date that Deidre Boarman was scheduled to meet with Dr. Shienvo1d at 10:00. Q What happened? A She failed to show for that appointment. Q And what did you do? A I subsequently placed a phone call to Deidre on her cell phone at 10:40 a.m. and left a message stating that I requested her to call our office regarding the missed appointment. Q Did she call back initially at all after the missed appointment? A No, she did not. Q And when did you next hear from her? A I next heard from her -- she left a voice mail message for me on Friday, May 26th. Q And what did that voice mail message say? A She had called at 5:26 and left a voice mail message at 113 stating that quote I apparently missed an appointment and I would like to reschedule end quote. Q And did she leave a phone number? A She did. Q Was that the same number you had called earlier and left a message when she missed the appointment? A Yes, it was. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e Q And when did you call her back? A I did call her back yesterday at approximately 11:30 at which time she did reschedule the appointment for June 15th of 2006. Q Is Mr. Boarman also scheduled for his fourth appointment on that day? A I believe that appointment was originally Mr. Boarman's appointment. We had taken it out of the schedule secondary to the fact that Deidre had no showed for the last appointment, and we had not been in contact with her. Q Did Dr. Shienvold send out a letter to counsel regarding a drug test? A He did, yes. Q What was the date of that letter? A I believe it was April 25th, 2006. Q And did he essentially request that the parties within seven days arrange to have a hair test done? A Yes, he did. Q Did Mr. Boarman comply? A Yes, he did. Q When was his test done? A It was completed on 5/1 of 2006. Q Within a week of when the letter went out? A That's correct. Q What was the result of the test? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e A The result was negative. Q To your knowledge has Mrs. Boarman scheduled or undergone any hair follicle test based on this letter? A No, to the best of my knowledge she has not. MR. CONNELLY: That's all. Your witness. THE COURT: Cross-examine. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q Whenever you talked to Deidre about rescheduling her appointment, did you mention the hair follicle test? A I did not. Q And did you ever have any confirmation that she ever personally received that letter other than you had sent it to me? A No, I do not. Q And in between the date of her missed appointment and the date she called you, was that what, ten days? A Yes. Q So other than that ten-day period, was there any other time period where you had trouble reaching her or getting ahold of her? A I did not. MS. COSTOPOULOS: Okay. I don't have 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e anything further. MR. CONNELLY: That's all, Your Honor. THE COURT: Thank you, ma'am. We'll excuse you. MR. CONNELLY: Thank you, Susan. THE WITNESS: Thank you. MR. CONNELLY: Your Honor, I'll call Steve Urban to the stand. THE COURT: Come forward, sir. Whereupon, STEPHEN M. URBAN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record, please. A Stephen M. Urban. Q And how are you employed, Mr. Urban? A I'm employed by Urban Private Investigations, Incorporated. Q Where is that business located? A 220 Green Lane Drive, Camp Hill, PA. Q Are you a licensed private investigator? A Yes, I am. Q How long have you been doing it? A Since approximately 1997. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Prior to being -- strike that. Were you contacted by Michael Boarman to begin an investigation? A Yes, I was. Q Prior to the contact by Mr. Boarman, did you know him previously in any capacity? No, I did not. How about Deidre Boarman? Did you know her A Q at all? A Q A afternoon. Q No, I did not. When did Mr. Boarman contact you? On May 10th at approximately 1:00 in the And what did he request that you do? What was your role here? A He asked if I would be able to conduct an investigation that had several parts to it. The first part was that he wanted to verify where his ex-wife was residing. He was given an address in Boiling Springs I guess where her parents lived. The second was to verify if the daughter, Laure, was residing in the evening, spending the night with Deidre Boarman on the nights that Deidre had custody of Laure. Q Was Mr. Boarman -- was it your understanding Mr. Boarman was told his wife was living with her parents? A Yes. 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 . . Q All right. So what steps did you take to attempt to verify where Mrs. Boarman was living? A First thing I did was ask a number of questions of my new client, Michael Boarman, of any names of any individuals that she possibly could be staying at, friends, other relatives. He did give me the name of Brian Diller possibly living on Wertzville Road, an address was not known, but somewhere in the area of the Diller business, landscaping-type business. Q What steps did you take then to determine her location? A I first conducted computer searches to see if that came up with anything, and then I did a mobile check of the area and did locate Deidre Boarman's vehicle. I had conducted a PennDOT search prior to this. I did locate her vehicle at 6690 Wertzville Road. Q And who lived at 6690 Wertzville Road? A Brian K. Diller. Q And -- all right. So you've now identified her vehicle there? A Yes. Q What about her parents' address in Boiling Springs? THE COURT: When was that, sir? When did you 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e see the car there? THE WITNESS: THE COURT: THE WITNESS: May 11th. What time of the day was it? It was approximately 2:00 in the afternoon. BY MR. CONNELLY: Q Let's go through a compendium of this. What steps did you take to surveil both her parents' home and Mr. Diller's home to make some determination of where she was staying overnight? A We conducted surveillance at -- first of all I notified the Hampden Township Police Department that I was in the area, to let them know that I was going to be conducting a surveillance in the event they received a call that a strange vehicle was in the area. So that was conducted. I conducted surveillance in a vehicle, surveillance vehicle, on Wertzville Road to determine that Deidre was, in fact, coming and going from that residence. In addition to that, a surveillance with time lapse equipment was established at the area of 18 East Countryside Drive, Boiling Springs, which is the address of Deidre Boarman's parents. So a time lapse equipment that ran from Friday -- I'm trying to think of the date. Was it the 17th or 18th. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . I believe the 18th. If I could look at some notes. Q Look at your notes, if you will, please, and identify when you began the auto surveillance at her parents. A The surveillance at her parents was established on ~riday, May 19th. Q And how long did it run? A It ran until the following ~riday, which would have been this past ~riday, the 26th of May. Q At the same time were you doing the surveillance you testified to from May 11th forward of the Diller residence? A Yes, I was. Q So at least a week was simultaneous plus earlier time from Diller, the 11th through the 19th? A That's correct, yes. THE COURT: Let me stop you there. I'm assuming when you say time lapse equipment, you're talking about video? THE WITNESS: Yes. THE COURT: So you have video at the parents. What were you doing at the Diller residence? Were you there all the time? THE WITNESS: Due to the fact that I was to verify whether the daughter was residing there, we did early 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e morning surveillance, afternoon when they would be getting off school, and then the evening to make sure that the daughter was, in fact, going in the door and staying there until dark hours, BY MR. CONNELLY: Q Dark meaning lights out in the house? A Yes. Q And then you would pick it up again the following morning? A That's correct. Q Were you seeing Deidre Boarman's car there consistently? A Yes. Q You saw her coming and going? A Yes, I did. Q Did you ever see the parties' daughter, Laure, coming and going from the Diller residence? A Yes, I did, on two occasions. Q Two occasions in what time frame? A From May 11th to May 19th. Q And did she stay overnight in that time period? A I would -- I can't say for sure whether she actually stayed because when we leave she could have left the dwelling after 9:00 at night, but when we ended 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e surveillance between 8 and 8:30 every evening, on those two particular days she was present and remained in the house. Q And the following morning Deidre Boarman's car was there? A Yes. Q What time would you come in the morning? A Approximately 7 a.m. Q Did you also observe the parties' son, Chandler, at the residence? A Yes. Q More or less frequently than Laure? A More often. Q Did you know what Mr. Boarman's custody schedule was with his son? A Yes, I did, prior to working the case. Q And what was that schedule? A Every other weekend, Monday, and Wednesday. Q And they were overnights? A Yes. Q On the occasions when Mr. Boarman did not have custody, was Chandler at the Diller residence with his mother? A Yes, he was. Q But on only two occasions Laure was there? A That's correct. On two separate occasions 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e though, on Monday, May 15th, and Tuesday, May 16th, no one exited the house to go to school. Normally I would see Chandler being taken somewhere at least being driven by Deidre, but on those particular days, Monday, May 15th, and Tuesday, May 16th, which were right after Mother's Day, there was no one that was observed leaving the residence in time for school. Q Was Deidre's car there? A Yes, it was. Q Now, let's go to the time lapse photography performed at her parents in that time frame you've testified to. Was Deidre Boarman's car there in the morning or in the evenings or was there any indication she was staying there? A During the eight continuous days of video taping at that residence in Boiling Springs, Deidre Boarman's vehicle was not observed. Q And on those days how frequently does the camera operate? A Approximately every two seconds a photograph is taken, and it ran for 24 hours a day for 8 days. Q Twenty-four hours a day for eight days. Now, in your observation of the Diller residence, did you see other vehicles come and go? A Yes, I did. Q And did you -- were you able to determine to 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e whom the vehicles were registered? A Yes. Q Can you tell the Court who was frequenting the residence, the Brian Diller residence, in addition to Deidre Boarman? A One vehicle, a white vehicle, was parked there. It's a two door. That only moved last week from the side of the yard to the driveway. That is owned by a Ron -- it's registered -- the plate that's on the car is registered to a Ron Edwards. Also observed was a black pickup truck. That was identified as being owned and registered under the name Nelson Crone. Q And how often was Nelson Crone's vehicle there? A Nelson Crone's vehicle was there approximately four days. Q For how long a period of time? A On one occasion his vehicle arrived at 11:48 and remained there until we terminated surveillance at close to 8:30 at night. Q And on other occasions how long? A On another day it was present but we ended surveillance again before we saw it leave. Q Did you do a background check on Mr_ Crone? 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 . . A I did. I only did one in Cumberland County. Q And what were you able to determine from Cumberland County records? A That Nelson Crone on August 4th, 1988, was arrested and found guilty of possession of controlled substance, marijuana, drug paraphernalia, and he was sentenced to three to twelve months in Cumberland County Prison. Also obtained a copy of a PFA from a separation he had. Q Now, let's move to Mr. Diller. Did you perform a criminal records check on him? A Yes, I did. Q And can you summarize for the Court the results of your criminal records check as to Mr. Diller? A May I review from some notes? Q Yes. A I'm referring to a page that I have marked Brian Keith Diller Criminal Summary, and I actually put exhibit on the top of the page, and I can make one available to everyone_ The first -- it starts in 1982, Receiving Stolen Property. He was found -- it was a weapons, a .45 caliber Colt automatic pistol, Colt single action Army .45 caliber revolver, a Golden Eagle rifle, 30 ought 6 with scope, several half dollars, and a basketweave holster for a .45 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e caliber automatic pistol. He was found guilty and was put on six months probation. On 9/9/1986 he was arrested again. This time it was for cocaine delivery. He was found guilty and was sentenced to 10 to 23 months in Cumberland County Prison. On December 27th, 1986, he was again arrested for Simple Assault, and that case was dropped by the county due to one of the witnesses being in a state drug program where they were feeding information, and it would have ruined the case for the state if they would have proceeded with the case in Pennsylvania. Q So it was nol-prossed? A Yes. Q What next? A He had a Retail Theft on June 23rd of 1987. He was found not guilty at the DJ level. He had Unauthorized Use of a Motor Vehicle on September 14th, 1987. That was dismissed due to failure of the victim to appear. He was arrested on 9/14/1987 again for Harassment. That was dismissed due to victim failed to appear. On 5/13/1988 he was arrested for having a controlled substance, possession of marijuana and drug paraphernalia. In addition to the marijuana there was also residue of cocaine_ That case also involved the Pennsylvania State Police and, I believe, the FBI crime lab 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . was involved with some of the testing also. He was found guilty and sentenced to one year in jail. In 2001 -- I don't have the date -- he was arrested for driving under the influence of alcohol, and that was dismissed, discharged. On 7/22/02 he was arrested for speeding. I'm going to list the number of charges. They all have different numbers, but it's all the same date, 7/22/02. Speeding, 72 in a 55 zone, Turning Movements and Required Signals, DUI-related, and Driving while License was Suspended, and he spent he was found guilty on all charges and spent three to six months in Dauphin County Prison. Brian Diller currently does not have a driver's license. It expired on 12/31 of 1985, and most recently he was involved in a motor vehicle accident on 5/21/05 in Clinton County. The records at this time do not indicate whether Brian Diller was at fault or not. Q Did he have a driver's license on this date? A No, he did not. The current status of his license is suspended, revoked, and expired. Q Meaning? A Well, it expired on 12/31/1985 and to get any other additional information from PennDOT there needed to be a court order to receive that information. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Based on the observations you made throughout this period in May, where is it your belief that Deidre Boarman is living? A Due to my investigation, she is residing at 6690 Wertzville Road, Enola, Pennsylvania, which is in Hampden Township. Q Now, as a result of your investigation, did you interview other individuals who were familiar with Deidre? A Yes. Q All right. And can you identify who you interviewed and what the -- what information you were able to glean from the interview? A One of the individuals I interviewed is here in the courtroom, Rick Fetrow. Q Urn-hum. A And that was to verify -- he had information pertaining to where Laure actually was spending some of the nights that I was not locating her at Deidre's house_ Q Deidre's meaning Diller's? A The Diller residence, yes. Q All right. A And the two days in particular, Monday, May 15th, and Tuesday, May 16th, were two of the days that I did not see the daughter leaving the residence. Those were two 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 e e evenings that Mr. Fetrow could recall Laure spending the evening at his residence with his daughter, Kelly. Q Is Kelly a friend of Laure's according to Mr. Fetrow? A Very close friend, yes. Q And I believe Mr. Fetrow shares custody of his daughter with his ex-wife, Kim? A Yes. Q What were you able to determine from interviewing Mr. Fetrow about what Laure's general location is -- MS. COSTOPOULOS: I object to this interview with Mr. Fetrow. He can testify to that himself. MR. CONNELLY: That's all right, Your Honor. We'll move forward with Mr. Fetrow when the time comes. BY MR. CONNELLY: Q In addition to Mr. Fetrow, you interviewed several other individuals, correct? A That's correct. Q Who else did you interview? A I interviewed Deidre's brother, Bruce Basehore. Q And who else? A And also Molly Landon. THE COURT: I'm sorry. That again was who? 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE WITNESS: Molly Landon, and that's spelled L-a-n-d-o-n from Camp Hill. THE COURT: Why her? Who was she? THE WITNESS: Molly Landon is a personal friend of Deidre's. THE COURT: Thank you. MR. CONNELLY: I'll reserve the right to recall this witness, Your Honor. That's all the questions I have at this time. THE COURT: Cross-examine, ma'am. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q This criminal record of Mr. Diller, after 1988, like just in the last 18 years, what all were the charges for that, for the past 18 years? A They would have been the -- Q Were there any misdemeanors in the past 18 years? A No, there was not. Q Do you have any reason to believe that Mr. Diller is currently engaged in any kind of criminal activity due to your surveillance of his home? A Limiting your question the way you did, no. Q Your observations of Deidre Boarman, do you have any personal observations of her that would give you 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 . . reason to believe that she's engaged in any criminal activity at this time? A No, not on observation. Q And did you interview either of the children to simply just ask them where do you live and where do you stay? A I did not. Q Did you interview Mrs. Boarman's parents? A I did not. MS. COSTOPOULOS: I don't have anything else. MR. CONNELLY: One on redirect, Your Honor. REDIRECT EXAMINATION BY MR. CONNELLY: Q Do you have reason to believe, based on your overall investigation, that criminal behavior is occurring with Deidre Boarman or Brian Diller? A No. MS. COSTOPOULOS: I object if he's basing this on anything from people that aren't here to testify. THE COURT: His answer was no. I think that's very speculative. If you have proof of it, he can testify to it, but MR. CONNELLY: We have other witnesses, Your Honor. THE COURT: I'm going to sustain the 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . objection. MR. CONNELLY: All right. That's all, Your Honor. THE COURT: Sir, you can step down. Please call your next witness. MR_ CONNELLY: Mike Boarman. Whereupon, MICHAEL CHARLES BOARMAN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record. A Michael Charles Boarman. Q And where do you live, Mr. Boarman? A 11 Northwatch Lane in Mechanicsburg. Q How long have you lived at that address? A 2001. Q And before that where did you live? A 757 Dogwood Terrace. Q Where is that? A Boiling Springs, Pennsylvania. Q What development? A White Rock Acres. Q When did you first observe behavior in your wife that gave you concern about what was going on both in 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 . . your marriage and in her personal behavior? A Well, there were issues throughout the marriage, spending problems. Approximately ten years ago I confronted her and asked her, because of the amount of money that she was spending, if she had a drug problem. She said she did not. In November or in October of 2005 she forged my signature and obtained a credit card and put a $10,000.00 balance on it within two weeks. I confronted her about that, and she said that she was glad that I found out. So those behaviors to me, of course, were a big problem and caused a lot of friction in the marriage, but then she asked to -- she told me she wanted a divorce. Q And when did she tell you that? A About the first week of November. Q And as a result of that, what occurred? A She wanted me to leave the house, and a lot of verbal bashing, four letter words, you know, things in front of the children, and she asked multiple times for me to leave the house, but I told her -- I opted to live in the basement, but I wouldn't leave the house. Q Now, let's clarify. This house is in your name only? A Yes. Q And there is a prenuptial agreement that 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . excludes it A Q question. A Q Yes. -- from marital property? Let me finish my Sorry. And she has since signed a property settlement agreement confirming that? A Yes. Q Did she eventually leave the house? A Yes. Q When? A Well, she left several times in November and in December but then would corne back -- Q When did she leave for good? A -- for a week, two weeks at a time. Q I'm sorry. A For a week to -- between a week to two weeks at a time she would take off and then corne back. Q Where did she go? A She wouldn't tell me. Through friends I believe that she spent most of her time with Kim Fetrow. MS. COSTOPOULOS: I object. It's all hearsay. THE COURT: Sustained. BY MR. CONNELLY: 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e Q Well, were you aware she was staying at Kim Fetrow's? A At least some of the time. MS. COSTOPOULOS: I object if that's based on what other people said. THE COURT: Then lay the basis. How do you know that? Did you observe her at Kim Fetrow's house or did people tell you that? THE WITNESS: People told me that. BY MR. CONNELLY: Q Did she tell you that? A I don't remember. I don't recall if she did or not. Q Did your children confirm they were staying at Fetrow's? A They mentioned staying at Kim Fetrow's, yes. Q Let's deal with this Fetrow situation so we can put it in context. Kim Fetrow is Rich Fetrow's ex-wife, correct? A Yes. Q And the girl we heard about, Kelly, who is your daughter's friend, Laure's friend, Kelly, is Kim's daughter? A Yes. Q And Rich's daughter_ All right. So 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e establishing the foundation for that, so at some point Laure and your son and to your knowledge your wife were staying at the Fetrow's but she returned home? A Correct. Q When did she finally move out after this in and out arrangement? A I received a call from Brian Diller's wife on the 28th of November. She informed me that MS. COSTOPOULOS: I object unless she's here to testify. THE COURT: Sustained. BY MR. CONNELLY: Q Did you confront your wife about a relationship with Brian Diller? A I confronted my wife about a relationship with Brian Diller. Q What did she say? A She denied it. Q Where did she move after this round of discussions? THE COURT: We're still talking November 28th, 2005? MR. CONNELLY: Or later. Now we're probably into the end of December. BY MR. CONNELLY: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q When did she actually physically leave the residence? A She physically left the residence on 12/28, but she came back. I believe it's the same thing. I believe that she went to Kim Fetrow's house. Q Did you see your kids -- when your wife would leave -- A She would -- Q Let me finish my question. When your wife would leave with your children, are you saying she wouldn't tell you where she went? A Yes. Q Would she allow you to see your kids? A No. Q On 12/28 she left again? A Yes. Q Your belief is she went to Fetrow's. Did you see your kids? A I only saw Chandler once in awhile. Q Not Laure at all? A No. Q When did she move into what would be described as her own residence? A She moved into 1 Foxanna, I believe, on the second of January. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Now, 1 Foxanna. Give the full address. A One Foxanna Drive, Carlisle, Pennsylvania. Q Was that a rental property? A Yes. Q She rented that property? A Yes. Q When did you begin paying her voluntarily support? A From the time that she asked for the divorce. Q Which was when? A The first week of November. Q And how much were you paying her? A In the month of November it was 2400, I believe, a month. Q And after -- A Plus a car and fuel. Q What kind of car? A Mercedes. Q And fuel? A Yes. Q And when did that 2400 change? A I paid that through the duration of the separation period, and it didn't change until the court order was filed for support. Q And it changed to when -- when did it change 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 e e and how much? A It changed 2/14/06. No, I'm sorry, that's wrong. That's the support. I don't know exactly when. Q But you paid her at least 2400 a month for every month since you separated A Yes, and I'm paying 2800 now. Q -- and at some point 2800? A Couple months ago. Q What happened to her residence at Foxanna? A She was evicted. Q When? MS. COSTOPOULOS: I object unless he has the landlord here to say that it was eviction. THE WITNESS: I spoke directly to the landlord who told me that he evicted her. THE COURT: I'm going to overrule that. I mean the question was when. Whenever she left this regardless of the means, the question was when. THE WITNESS: The question was when was she evicted? MS. COSTOPOULOS: I object. THE COURT: To put it in terms right now, that objection is sustained unless you saw eviction papers or anything like that. Did she admit she was evicted? THE WITNESS: Yes, she told me that she was 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e evicted on 4/20/06. THE COURT: 4/20/06. Now, with regard to the eviction, now the objection is overruled because it's the statement of a party. BY MR. CONNELLY: Q Did she tell you on 4/20 or was she evicted on 4/20? A She told me on 4/20. Q When was her last day at the residence? A I believe it was May 1st. Q Did she -- where did she tell you she was going to move May I? A She told me she was going to move in either with Kim Fetrow or her parents. Q And you subsequently determined she did neither? A Q Correct. Your son is with her during the times he's He's with you Monday, Wednesday, and every not with you. other weekend? A Q Yes. On the other occasions when he's with his mother, do you know where your son stays? A Yes. Q Where? 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Brian Diller's house. Q And you're here today petitioning the Court and requesting emergency relief. Why? A Because there have been -- specifically there are people in this room right now that know that Deidre began doing cocaine with Brian Diller. MS. COSTOPOULOS: I object unless these people are saying it. I haven't heard anything from them MR. CONNELLY: I'm asking him why he's concerned, Your Honor. I'm not attempting to prove the truth of the matter asserted. I am attempting to explain what caused -- THE COURT: I agree. The objection is overruled. He's just stating the basis of why he's taking this action and his testimony appears to be believed she's using drugs. Is that correct, sir? THE WITNESS: That is correct. THE COURT: Next question_ BY MR. CONNELLY: Q Beyond that what other concerns did you have about your son being at Brian Diller's? A The fact that Brian Diller was the person supplying the cocaine to my wife indirectly, so the fact that he is a cocaine dealer with a horrendous criminal record, and there are comings and goings from that driveway 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e of people with similar records and backgrounds. Q What about things your son has told you that you're aware? A My son was pitted in a fight at the house with one of the Diller's sons. He talks to me frequently about being kicked around, being called the F word, being given the finger, watching X-rated movies. He says he knows what pornography is now. He's seen naked girls. Q How old is your son? A Nine. Q Has he expressed a preference to you as to what he wants to do? A Yes, he wants to live with me. Q Based on the totality of these circumstances and conversations that you had with others, did you file this petition? A Yes. Q Did you and I discuss the timing of what we were doing here? In other words, when to file the petition, what to do at what point in time? A No. Q She was in the process of the evaluation at Dr. Shienvold's, correct? A Correct. Q And do you recall discussing what steps we 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . should take based on the fact that there's an evaluation and a drug test pending? A Yes. Q And what was the decision? A I'm not really clear on how Q You really found out about this middle of May? A Yes. Q Fair to say? A Yes. Q We filed your petition toward the end of May? A Yes. Q The delay between when you found out everything and when you took action, what was that based on? A Well, Deidra didn't show up for the custody evaluation and she hadn't taken a hair test. Q All right. Is she aware that you guys were going to be or were requested to take a drug test? A Was she aware? Q Yes. A Yes. Q Did you have information also that she was going to attempt to secure something to beat a drug test? A Yes. Q Was that also a reason why you took the 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e action that you took? A Yes. Q Now, let's talk about Laure for a minute. Based on what you know of Laure's comings and goings, where does Laure stay overnight? A She stays overnight at Rick Fetrow's house whenever he has Kelly, and she stays overnight at Kim Fetrow's house whenever Kim has Kelly. Q When does she stay with her mom? A Other than what Steve Urban saw, very infrequently if at all for sure_ Q How often does Chandler see Laure? A He tells me he almost never sees her. Q Does he see her at your house when the two of them are there? A On Wednesdays only and every other weekend. Q So Laure comes to you every other weekend and one evening a week? A Yes. Q And the remainder of the time you believe she stays at either the Fetrows and occasionally with her mother? A Yes. Q How is Chandler doing in school? A He's doing poorly. His last report card was 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e horrendous. Q Is he seeing a therapist? A Yes. Q And who is he seeing? A Shanen Turk-Geller. Q She's -- what is the purpose of seeing the therapist? A To help him work through this whole process. He has, as reported by Shanen Turk-Geller, he has some pretty heavy resentment towards his mother and Brian Diller. Q What about frequency of his visits at Shannon's office? A I take him every other week unless I have an evaluation session for myself. And that therapist is within Dr. Shienvold's Q office? A Q therapist? A Q A Q Yes. Does Deidre take him to appointments with the No. Ever? No. What do you believe and what are you asking the Court to do here pending the completion of the drug testing and Dr. Shienvold's evaluation? 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A My children should be living with me where they're safe. That's what I'm asking the Court to do, to rule in that regard. Q How are you employed? A I'm the President of Bortek Industries. Q As President of Bortek, do you set your own schedule? A Yes. Q Are you available for your children whenever they would be in your care? A Yes. Q Have you made a plan as to how to deal with the kids for the summer when school's out in another week or so? A Yes. Q What are you going to do? A I have two nieces, Melissa Boarman, who's twenty, who presently attends Eastern University and is transferring to Valley Forge, and is -- has passed the babysitter courses at Holy Spirit Hospital, and her sister, Mary Boarman, who's 22 and attends Messiah College. They will be taking the children, when I'm working, in Laure's case to different activities that she has and in Chandler's case to be with friends or to be at the West Shore Country Club at the pool. 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And this all is arranged at least on the short term depending on how the rest of this evolves? A That's correct. Q What are you asking the Court to do about Deidre's access to the kids? A Well, I believe that Deidre is actively doing cocaine, and that concerns me greatly to the safety of the kids even in transportation of them back and forth, So they need to see their mother, and they should see her in some neutral place other than Brian Diller's house. Q What places could they be? A Either at her parents possibly or the home of Rick Fetrow. Q Is Mr. Fetrow agreeable that Deidre see the kids at his residence? A I believe that he is. MR. CONNELLY: That's all. No further questions. THE COURT: Cross-examine. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q Other than hearsay from other people, what reason do you have to believe that your wife is doing cocaine? Without quoting anybody else or what anybody else has told you, just from your personal observation? 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e A This is based on what people told me that saw her doing it and did it with her. Q And have either of your children said that they think she's doing it or they have concerns? A No. Q Has your daughter complained about the current arrangement? A No. Q You're aware from the private investigator's testimony that Mr. Diller has no misdemeanor convictions in the past 18 years. Do you understand that testimony, that most of his horrendous record is over 18 years old? A I understand that. Q Say this weekend or even today if Deidre went down to the probation office and took a drug test and it was negative, would you withdraw this and go back to the current schedule? A No, not if this means the kids are living with Brian Diller. Q What if it were a condition of the custody arrangement that the children reside at her parents? A Yes. Q So that your biggest problem is just about Mr. Diller and his residence? A No, my biggest problem is with their mother 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 e e doing drugs. The second problem is residing with a criminal. Q So if she has a drug test that was negative and they live at her parents' house, there would be no problem leaving everything as it is pending the evaluation? A No, I would still want more custody. Q But would it still be an emergency? A No. Q Prior to this custody schedule being implemented, prior to your wife even leaving, how much time were you spending with the children? A I was home every night. About 6:00 through 10. On weekends I was home unless I was -- I'm involved in a band and play with them occasionally. Other than that I was home_ Q So how many hours a week do you work? A Presently or before this? Q Before she left and presently. A Before she left and presently I would have two different answers. Q Right now. A Right now I work about 20 hours a week. Before Deidre left, I worked about 35. THE COURT: Don't mean this as an insult, but what is Bortek -- is it Enterprises? 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE WITNESS: Bortek Industries, Incorporated. We are a sanitary supply, power cleaning, and distribution company. THE COURT: And where is it located? THE WITNESS: Mechanicsburg, Pennsylvania. THE COURT: How many employees are there? THE WITNESS: Sixty. BY MS. COSTOPOULOS: Q Along those same lines you indicated before you were concerned when your wife spent $10,000.00 within two weeks? A Urn-hum. Q Isn't it true that your income, as it has been the past couple of years, that your take-home pay is about 15,000 a month? Is that accurate? A Close to it. No, that's not accurate. Take home? Q Right. A Take home is around 12,500. Q Okay. A month, right? A Urn-hum. Q And to your knowledge has your wife had any criminal problems? A I've got stacks of checks that she signed her -- signed my name on, tens upon tens upon tens upon tens of 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e thousands of dollars. Based on the fact that we have a prenuptial agreement, I think it was dead wrong and criminal to spend the money that she did without my knowledge. I have written apologiez from her throughout the course of the marriage for taking money in large quantities without telling me. MS. COSTOPOULOS: I have nothing further. MR. CONNELLY: Couple of questions, Your Honor. REDIRECT EXAMINATION BY MR. CONNELLY: Q Ms. Costopoulos asked you whether you saw anything personally that you observed which would have led you to believe, certainly in hindsight, whether your wife was doing drugs. What about weight loss? A Well, I see that. She's lost quite a bit of weight, but in hindsight there was more than that. I now look back on times when we were at the Crones' house, and she wasn't around, and I would ask Carl where's Deidre and where's Traci, and Q Around meaning you're there in a social setting, they're in another room? A Yes, and now I realize based on what I've been told by Carl Crone that they were doing cocaine. Q What about spending? Was that a trigger, in 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e retrospect, to you that something was wrong? A Yes, and ten years -- about ten years ago I confronted her because of the way she was spending money and asked her if it was because she was doing cocaine. Q She said no? A Yes. Q Recently you testified about this credit card. She applied for a credit card, signed your name. Is that correct? A Yes, used my social security number. Q And then received the card and ran up ten thousand A Ten thousand. Q -- in charges and cash advances? A Yes. Q Over what period? A Just a couple of weeks. Q And that was when? A That was late October that I received a phone call asking me if I wanted additional credit. Q That's how you found out about it? A Yes. Q This was late October of 2005? A Yes. Q Shortly before she asked for a divorce? 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e A Yes. THE COURT: What was the nature -- I mean obviously these things are in your name. Did you ever see the statements? THE WITNESS: No, I would assume they would come to the house. This particular one was -- she -- this was a very quick thing. She had gotten this credit line and maxed it out and then I just happened to receive the phone call. THE COURT: Did you ever see any physical items that were purchased, clothing, etc.? THE WITNESS: Yes, lots of clothes and shoes and all kinds of things. BY MR. CONNELLY: Q Ten thousand dollars worth? A No. Q The question that Ms. Costopoulos asked you had to do with whether or not you would consider this an emergency. If Deidre passed a hair test/drug test and moved in with her parents, you have said you would not consider it an emergency? A Yes. Q Does that change what you're asking Dr. Shienvold to do in the custody evaluation regarding the current order versus what you're asking for? 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Could you ask that again? Q Yes, are you asking for more time of Dr. Shienvold than the order currently provides? A Yes. Q Okay. So regardless of the emergency, this custody arrangement presently is not satisfactory? A Correct. Q One other thing. Did your son mention to you about shooting guns at the Diller home? A Yes. Q What did he say to you? A He told me he was shooting real guns with real bullets with a man named Mark. I asked him if anybody else was there, and he said no. Adults, I'm sorry. I think there were other kids there, but there was an adult named Mark there. Q Did you ever find out who it was? A Mark Crete is what I found out. THE COURT: THE WITNESS: THE COURT: THE WITNESS: What kind of guns? Handguns, like rifles. Both handguns and -- They were shooting an assortment of weapons behind Brian Diller's house. BY MR. CONNELLY: Q Just to give the Court a sense, you have 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e sixty employees at Bortek? A Yes. Q And what's the gross revenue of the company? A Fifteen million. Q And you and your brother run the company? A Yes, there's actually two separate operations. There's an equipment operation run by my brother and a supply operation run by me. Q But you can cover you have enough employees to cover what needs to be done with the company? A Absolutely. MR. CONNELLY: That's all, Your Honor. THE COURT: Recross. MS. COSTOPOULOS: No. THE COURT: Sir, you may step down. Next witness, please. MR. CONNELLY: Richard Fetrow. Whereupon, RICHARD FETROW having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record, please. A Richard Fetrow. Q And where do you live, Mr. Fetrow? 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e A 7517 Wertzville Road, Carlisle, Pennsylvania. Q How are you employed? A I'm employed by Tyson Fresh Meats, and I also own a small little butcher shop where I do catering. Q We've heard about your daughter, Kelly, and Laure. They're best friends? A Right. We're -- all the parties involved are best friends here. Q So you're subpoenaed here today, and you're not voluntarily appearing, correct? A No, I don't want to be here. Q Probably none of us do, including the judge, if it came right down to it. Where does Laure stay to your personal knowledge? A Laure is like a second daughter to me, and Laure -- the arrangements my wife and I have are for roughly a 50/50 split. So whenever I have Kelly, generally speaking that would mean I would have Laure, too. She generally would spend the night on the nights that I would have Kelly. Now, if it happened to be Mike Boarman's night, then naturally Laure would probably go to Mike's house that night. Q What about with Kim? A Whenever Kelly would be -- it's her turn to go with Kim, then generally I would think that Laure would 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . go there as well. Most of the time wherever Kelly would be is where Laure would be unless Laure had a different activity, whether it's cheerleading or lacrosse or something like that. Q But to your personal knowledge a large portion of the time Laure is at one or the other of the Fetrow homes or at Mr. Boarman's? A Yes. THE COURT: Does Mr. Boarman know that and has sanctioned that? THE WITNESS: Mr. Boarman talks to me on a daily basis, generally calls just to see how things are going. He asks me if I have Laure. If I happen to have Laure that day, I'll tell him I have Laure that day. We are pretty close friends. THE COURT: Let's just talk in a general week. How many days is Laure at your house? THE WITNESS: I generally have Kelly three to four days a week, so Laure would be there generally three to four days a week. THE COURT: And you're providing -- I mean she's there 24 hours a day? THE WITNESS: No, she goes to school during the day. THE COURT: And she sleeps there at night? 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e THE WITNESS: Yeah, I pick up the girls after school. My daughter, Kelly, gets off school at 2:40 and generally I'll pick up Laure, Kelly, and sometimes Tasha, which is another friend. Now Tasha generally doesn't spend the night, but Laure does. THE COURT: Okay. BY MR. CONNELLY: Q Do you talk to Deidre Boarman about Laure staying at your house? A I do. It's a difficult situation. I love Deidre, too. We're all best friends. It's a very tough situation. Q Has Mr. Boarman complained to you that Laure should be spending more time with him? A Yes. Q And do you concur with his concern that she spend more time with her dad? A Yes. MR. CONNELLY: No other questions at this time of this witness, Your Honor. THE COURT: Cross-examine. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q You realize we're here just for an emergency hearing not for the final custody situation? 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e A I understand that, yes. Q Have you personally observed anything that would tend to indicate to you that it's an emergency that Laure immediately be placed in the custody solely of Mr. Boarman and not with Deidre? A Just -- no, I have not. It's just the fact that -- I guess the background of Brian, and Brian and I are also friends. It's an unfortunate thing. Michael just wants his own peace of mind that the kids are someplace safe, the children are someplace safe. That's what his concern is. I wish I could adopt them. I would love to have them at my house. Q At some point did Deidre spend the night at either your house or your -- is it ex or soon to be ex-wife's house? A Kim. Yeah. I'm sorry. I lost you there. Go ahead. Do me again. Q Had Deidre also spent the night at either of your residences? A I don't know that Deidre spent any nights at my home. She certainly is welcome. I've offered many times. I think she has spent nights at Kim's home, yes. Q And how long has this arrangement been going on? A Since they actually kind of split, since 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 e e Deidre left the home, Michael's home. Q So since December? A December, I guess that would be about right. But even before that, if you don't mind me saying, even before that Laure and Kelly are very close. They did things before the divorce even came up. I mean they're best friends. They just do everything together. Q So I mean was she spending the night before they split up? A Yes, but not as frequently as she does now. Q How frequently was she before? A You know, during school, it would be just maybe on a Friday or Saturday night one night a week. THE COURT: I mean I'm having a little trouble following this. Your daughter's name again is? THE WITNESS: THE COURT: Kelly. Does Kelly stay at the Diller house? THE WITNESS: No, I don't think so. I don't know. I don't think so. At least when she's -- THE COURT: You don't know if your daughter THE WITNESS: My daughter stays at my house or Kim's house, and I'm not aware that she's ever spent the night at Diller's unless it happened without my knowing. My 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . wife and I are very friendly, so I don't see that happening at all. If it did, I would be really surprised. THE COURT: I'm sorry, ma'am. You may continue. BY MS. COSTOPOULOS: Q How long have you known Deidre? A Her and I, I guess right after birth. Q I mean -- A It's been for a long time. We went to school together. Her brother and I played basketball in elementary school together. We go around for a long time together. Q Based on that, do you believe that she currently is doing things that are intentionally leaving her children at risk? A No. THE COURT: You've known her -- how old are you now? THE WITNESS: THE COURT: Doggone it, forty-five. So you've known her forty years at least? THE WITNESS: THE COURT: THE WITNESS: Yeah. Have you witnessed a weight loss? Yes. She looks great. I don't know why she lost the weight. I can't say it's anything. THE COURT: How dramatic was it? 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE WITNESS: She lost a lot of weight since October. I don't know how many pounds, Deidre. I don't even want to guess weight, but she lost a lot of weight. She looks really good now. She was overweight slightly, but she lost weight now. How's that. BY MS. COSTOPOULOS: Q Do you share the same concern as Mr. Boarman that Deidre is on cocaine real bad? A Honestly in all my years being with Deidre, I never witnessed her doing any illegal drug activity, ever. Q How often do you talk to her or see her now? A Generally Deidre and I will talk two to four times a week. She usually just touches base, wants to know how the kids are doing. I shouldn't say kids. When she says kids, it means my daughter and her daughter. I very seldom have Chandler. He's more than welcome, but I just generally don't have him. Q Does she sound strange when she talks to you? Does she sound high or gives you any reason to believe she's not in her right mind when you have this conversation? A No. MS. COSTOPOULOS: I don't have anything else. REDIRECT EXAMINATION BY MR. CONNELLY: Q Mr. Fetrow, have you had others tell you in 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . the recent past that she's used cocaine? A Yes. Q And would you say that you're a person who doesn't use drugs and everyone knows this? A No. Q Did you talk to the private investigator indicating -- A John, can you go back to that last one. I want to make sure I said that right. Q Do your friends or the people you know know you don't use drugs? You're not a person who uses drugs? A I don't want to say that, John. Q Did you tell Mr. Urban that you didn't think people would be sharing information with you about drug use because you're not a person who uses drugs. Do you remember any conversation to that effect? A Oh, okay. Yeah, just a conversation that Carl and I had, Carl Crone and I being friends. Q So your testimony is that although you have not observed Deidre using drugs, you have had others tell you she has in the recent past? A Yes. MR. CONNELLY: That's all. THE COURT: You may step down. MR. CONNELLY: Oh, one other question, Would 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e you have concerns about your daughter staying at Brian Diller's on a regular basis? THE WITNESS: Yes. I want my daughter with me or my wife. That's the arrangements. MR. CONNELLY: Thank you. Call Carl Crone. Whereupon, CARL ROBERT CRONE having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record. A Carl Robert Crone. THE COURT: How do you spell Crone, sir? THE WITNESS: C-R-O-N-E. THE COURT: Thank you. BY MR. CONNELLY: Q Where do you live, Mr. Crone? A I'm sorry? Q Where do you live? A 216 Sherwood Drive, Carlisle. Q And where are you employed? A Lawrence Chevrolet. Q What do you do there? A Body shop manager. Q Did you in late December of 2006 have a 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 e e telephone conversation -- THE COURT: Would that be 2005? MR. CONNELLY: I'm sorry, 2005. Thank you, Your Honor. We aren't there yet. BY MR. CONNELLY: Q In late 2005 did you have a telephone conversation with Mike Boarman regarding his wife, Deidre, and her activities in using cocaine? A He called and told me he spoke with Brian Diller's ex-wife about such a thing. Q And he called and asked you what you knew, didn't he? A Yes, he did. Q And you told him what you knew? A Yes. Q And the following day you actually met him at his home and discussed it in more detail? A That's right. Q Did you tell Mr. Boarman that you personally observed MS. COSTOPOULOS: I object to the leading nature of this question. Just ask him what did he tell you. BY MR. CONNELLY: Q What did you tell him about Deidre Boarman's use of cocaine? 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e e A That a lot of this information came right from Teresa Diller. I mean she was Q No, I asked you what you told him, not what Teresa Diller told him. What did you tell him about your personal knowledge of it? A That -- I don't know. I don't know what I told him. Q You don't remember what you told him? A No, I do not remember what I told him. Q Did you tell him that she used cocaine and you saw her? A No. Q You didn't tell him that? A I did not tell him that. Q Did you tell anyone else that you saw her using cocaine? A No. Q Did you tell Rick Fetrow? A No. Q Did you tell Bruce Basehore? A No. Q Did you personally use cocaine with Deidre Boarman? A No. Q Did your wife purchase cocaine from Brian 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Diller? A I do not know that. Q Did you tell Mr. Boarman that? A No. Q What was the gist of your conversation with Mr. Boarman? A I was friends with Brian Diller for quite a few years just as anybody -- just like -- anyway his wife called and still calls Mike Boarman and fuels this situation and obviously she does not like me nor Brian and is feeding information. Q All right. Mr. Crone -- A I'm involved, I guess, with the friendship-type connection. I guess that's how I'm webbed in on all this stuff. MR. CONNELLY: Your Honor, can I treat this witness as hostile for cross-examination purposes? THE COURT: You may. BY MR. CONNELLY: Q All right. Mr. Crone, you're under oath. You're testifying under oath. A Got ya. Q You must answer the questions truthfully. First of all, did you have a conversation on the phone with Mr. Boarman as a result of what Teresa Diller told him? Did 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 . . you call did he call you on the phone? A Yes. Yes. Yes. Q All right. Let's go through this, each inch of it. A All right. Q Did you tell him that you, your wife, and Deidre Boarman for the past roughly two years had been doing cocaine and partying which meant marijuana, cocaine, and alcohol. Did you tell him that? A Well, we have had the alcohol and -- Q I'm asking you what you told Mr. Boarman. Did you tell him that you did cocaine, marijuana, and alcohol with Deidre Boarman? A No, I did not. Q Did you tell him that Oeidre Boarman used cocaine in your presence? A No. Q Did you tell Rick Fetrow that Deidre Boarman used cocaine? A No. Q What did you -- you had a conversation. Did you go to his house? A Yes. Q Sit down and talk with him? A Sure. 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q 28th and 29th. A Q what you said? A . . What did you say? That was over -- that was almost a year ago. Well, it wasn't actually almost a year ago. It was last year. It was December. I haven't spoke with the guy since. All right. Mr. Crone, it was December the It was six months ago. Right. You're telling me you just don't remember Well, we talked probably for an hour about a lot of different things. I mean Mike and I always did talk about everything. Q Well, did that include discussion about the use of cocaine? A No. Q Did you tell him your wife stopped using cocaine in October and wasn't going to use it anymore? A No. Q What? A No. Q Did you tell him your wife purchased the cocaine from Brian Diller? A No. 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Did you tell him that after your wife stopped using cocaine, Deidre began purchasing it from Brian Diller directly? A No, I did not. Q Did you acknowledge to anyone that Deidre was having a relationship with Brian Diller? A No. MR. CONNELLY: No other questions for this witness, Your Honor. I'll call witnesses to impeach him. MS. COSTOPOULOS: No questions. THE COURT: You may step down. MR. CONNELLY: I'm going to call Mike Boarman to the stand again. Take your notes. MS. COSTOPOULOS: Your Honor, I hate to interject, but my client would like to use the restroom briefly if that's possible. THE COURT: We'll stand in recess until 25 minutes of 5. I want to be prompt. (Whereupon, a recess was taken at 4:25 p.m.) MR. CONNELLY: Mike Boarman. Whereupon, MICHAEL CHARLES BOARMAN having been recalled as a witness, having been previously sworn, testified as follows: DIRECT EXAMINATION 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . BY MR. CONNELLY: Q Mr. Boarman, is it correct that you received a telephone call from Brian Diller's wife? A Yes. Q Do you recall the date? A 12/28. Q Based on that phone call did you contact the gentleman, Carl Crone, who just testified? A Yes, I did. Q You talked to him on the phone? A Yes. Q What did he tell you? What happened? Give the Court the gist of the telephone conversation. A Well, once I heard what had happened from Teresa, which was that Deidre -- MS. COSTOPOULOS: I object to what Teresa said. BY MR. CONNELLY: Q Doesn't matter what Teresa said. Did you call Mr. Crone based on that call? A I called Carl Crone based on that call because I knew that if this were happening that he knew about it. Q All right. So what happened when you called him? 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Well, Carl was drunk when I called him, so he was -- his statements weren't, you know, really all connected, but he told me that he'd been doing cocaine with Deidre for two years along with his wife, Traci. Then he got very emotional, said he was sorry, and then we hung up the phone. I called him the next day. I said I think we should talk. He agreed to come over to my house, and I can read you verbatim what he told me because I wrote it down as he told me. Q What did he tell you? A He said Brian Diller got a cocaine connection while he was in jail for a DUl. He supplied Carl's wife, Traci, who used it with Deidre and Carl. Deidre would buy it from Traci who broug~t it from Brian. They did cocaine together every week. They did it for two years. Carl had demanded that it stop and they both agreed to do so. It did not stop. Carl would object but then participate in the use of cocaine until October '05 when Traci quit and refused to sell it to Deidre. Deidre then went directly to Brian Diller to purchase cocaine. Carl estimated the consumption of it to be about one eight ball per week, whatever that is. I asked Carl to sign a document, but he refused, but he said he would testify if he were subpoenaed. 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . I asked Bruce Basehore to go to Carl Crone and have a discussion with him, and I asked Rich Fetrow to do the same, and they are both here. MR. CONNELLY: That's all. Your witness. THE COURT: Was he intoxicated when he came to your home? THE WITNESS: No, he came from work to my house. THE COURT: Cross-examine. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q Did he indicate that any of this was personal knowledge or that he heard this from his wife? A No, he indicated that he, his wife, and my wife were doing cocaine together every week. Q And did you have any reason to believe or disbelieve what he said? A I had no reason to disbelieve it. He was extremely emotional and upset, obviously felt bad that he hadn't told me. I confided in Carlon several occasions over those two years that Deidre's actions had changed, that she had been acting differently, if he knew that there were any problems. In my estimation Carl felt very bad that he hadn't told me when I asked him those questions, so he wanted to 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . come clean to try and preserve the friendship. MS. COSTOPOULOS: Okay. Nothing else. MR. CONNELLY: That's all, Your Honor. THE COURT: You may step down. MR. CONNELLY: Call Rich Fetrow back to the stand. Whereupon, RICHARD FETROW having been recalled as a witness, having been previously sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q Mr. Fetrow, you heard Mr. Crone testify? A Yes. Q Is he telling the truth? A No. Q Tell me what he told you. A He was upset that him and Mike were having an argument. He came over to my house. We were in the driveway together just talking, and he -- you've got to understand that I would say his best friend was Mike Boarman, at least that's what I would suspect, he was his best friend. He was unhappy that Mike Boarman was unhappy with him. They did vacations together. They were best buddies 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . together. He was trying everything in his power to repair the relationship between him and Mike. So he went through and told me what he had told Mike, and he said I thought that would kind of get me off the hook. I thought I would come clean. I lied to him before and felt horrible about lying. I wanted to come clean with Michael exactly what had taken place over the past couple years, so he said I told him everything I knew. I noticed he was writing it down. He asked me to sign it, and I told him I would not sign it. Q Did he tell you basically what Mike Boarman testified to a moment ago? A Not as much detail. Naturally Mike had a lot more detail. Just sketchy, how they used drugs over the years and stuff like that, Deidre and him and Traci used drugs together, but again I've never seen any of this so I can't testify that they did do it. Q You're only here to say what Mr. Crone told you. A All right. Q Now, did you speak to him recently about this? A Yes. Q Recently as how long ago? 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Well, I'd see -- I talk to Carl all the time whether it's about this or other things, but last night just stopped in just to have a beer with him. I said listen, you've got to just tell the truth. Whatever it is, just tell the truth, because I'm a firm believer if you don't tell the truth, especially in a court of law, we're all going to be in trouble. Just tell the truth. And that's all I asked him to do. I mean if they've got something on me and I'm guilty of it, then charge me, but you've got to tell the truth. Q And he didn't? A I don't know why, but his testimony is not what he told me. MR. CONNELLY: Thank you. Your witness. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q The things that Carl told you, did you have any personal knowledge to be able to verify whether those things were true or not or did you witness anything to determine if they were true or not? A Nope. Nope. Q And how often were you in contact with any of those people, Carl, his wife, and Deidre? A Carl, his wife, and Deidre. Oh, Carl and his 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . wife, I would see them a couple times a month at different social events. Deidre I would probably see -- oh, man, we would see each other two times a week, sometimes three. Sometimes we would go to cheer leading competitions together. We would spend a lot of time together, Deidre and I. Q And this was over that two year time period where she was allegedly doing an eight ball a week? A That's the story I was told, yes. Q And did you notice anything different about Deidre during that two year time period that would give you reason to believe that she was doing a lot of cocaine for two years straight? MR. CONNELLY: Object to the characterization of a lot of cocaine. Mr. Boarman testified as to what it was. It involved three people, and it was weekly. THE COURT: It's a minor detail. You're close friends. You were there on numerous social occasions. You know, he's asking you did you observe anything that would have led you to believe she was abusing cocaine? THE WITNESS: The only thing I would say would be weight loss, but I'm not certain that even was a result of it. I don't know that. BY MS. COSTOPOULOS: Q Well, based on everything you've heard from everybody including Mr. Crone, if Deidre was not at Mr. 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Diller's house, would you ever leave your child with her? A With Deidre? Q Yeah. A Yeah, anytime. Q So you don't think that she would leave your kid in harm's way? A No, I trust Deidre or Michael with my child. No problem. MS. COSTOPOULOS: Okay. I don't have anything else. THE COURT: You may step down, sir. MR. CONNELLY: Bruce Basehore. Whereupon, BRUCE EDWARD BASEHORE having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q State your name for the record, please. A Bruce Edward Basehore. Q Were you subpoenaed to appear here today? A Yes, sir, I was. Q Where do you reside, Mr. Basehore? A At 6329 Pennsboro Drive, Mechanicsburg. Q How are you related to Deidre? A She's my little sister. 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q First of all, let's deal with Mr. Crone. Did you have a discussion with Mr. Crone after Christmas of 2005 regarding Deidre's cocaine use? A Well, to answer this and to understand, Christmas Eve we're all in there with everybody you love in the world, and my little sister is out there on the cell phone in her car, and I'm wondering why. I've been deceived before personally, so I just left it go. So the 26th of December I went to go help a friend, Russ Goodling, move something. He lives off the Wertzville Road. He has a farm there. He had something heavy he wanted to move. So I was driving down the Wertzville Road, and I saw Dee Dee. I saw her with someone that I hadn't seen in twenty years. Q Who was that? A Brian Diller. Q All right. A And when you say the words Brian Diller, that doesn't mean a good thing to me. When I was in college, you know, Brian and her had a relationship, and Brian spent a lot of time in my bedroom living in our parents' home. Getting on with the situation, I saw them. So I wanted to have verification of what I saw and what was going on because, you know, my parents had asked me, you know, if 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . I knew, and I told them, No, I don't. Not really. I mean I have a speculation. So then that's when I went to Carl. I knew if I went and asked Carl, and I only asked Carl purely because of her. So I asked Carl, I said, Carl, is Dee Dee having a relationship with Brian. And this was at Lawrence Chevrolet in the office, and he said yes. And then I said -- you know, I dreaded asking him, but I said, Is she using the slop again. Q What did that mean? A Cocaine. Q What did he say? A Yes. Q Any other conversations about that with him or was that basically the gist of it? A That's it. I didn't care any other thing but purely all my concern was for my sister and what her state of being was. You know, why. What was going on with the breakup with her and Mike. You know, I pretty much keep to myself. You know, I would see Deidre infrequently. We would go over to Mike and Dee Dee's obviously at holidays, but, you know, not on the phone, you know, that kind of thing. If the kids were doing something together, but Q Would you have you heard the testimony 72 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 . . here today, and you heard Mr. Boarman requesting that the Court place the kids for now in his primary custody. Being their uncle, knowing your sister, what do you believe should happen? A Well, she takes the drug test and she passes it, it's a moot point. If she fails it, I think we got our answer. Q What do you think for now pending the results of what's going on evaluation-wise where the kids ought to be? A I want what's best for my niece and my nephew. Q What do you think is best for them? A To be in a safe environment, and I don't think being in Brian's house is being safe. Q So Brian's house versus Mike's? A No brainer. Q All right. Do you have an opinion as to where your sister is living? A I don't know. I know she's not at my mom's all the time. I know she's with my mom and my dad, you know, infrequently every day. You know, I can't tell you where Chandler's at. I can't tell you where Laure's at. I don't know. Q Anything you hear here today question where 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . they are? You heard Rick Fetrow say Laure spends a lot of time at his house. A Yeah, and I knew that because my daughter also was in cheerleading, and I've spent time with the Fetrows and my sister at cheerleading competitions myself. Q Did your sister have an issue with drugs in the past? A Yes, when she was with Brian before. It was definitely -- it was definitely an issue. After Brian and her broke up, then she had a relationship with another man that I had questions about, too. Did I ever see them do it, no. Q What makes you believe that she is doing it? A Because -- just because the demeanor in which she acted, and my concern for, you know, she just was not making proper decisions based on what was, you know, good common sense upon her future, whether it be working, whether it -- you know, whether it was with my parents or whatever. She went through a rough stretch from the time she was 22 until she was 28. Rough time. Q And then she married Mike? A And then she married Mike. Q And things straightened out? A You're darn right they did. Big time. Huge difference. 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And you see that sort of turn again now? A Well, you know, since I was made aware of it shortly after Christmas -- I mean I knew she was having problems with Mike. I knew they weren't getting along. I didn't know everything that was going on, and I still don't. But definitely I've got to question, you know, the life that she's had the last ten years with Mike and the life she has now, would you trade it, but that's not up to me. I know I wouldn't trade it, but that's me. That's her choice. MR. CONNELLY: That's all. Your witness. THE COURT: Cross-examine. CROSS-EXAMINATION BY MS. COSTOPOULOS: Q How much time do you spend with Deidre that you would know what she's up to, what she's doing? A When I was younger, quite a bit. I knew what she was up to. I've spent several times getting her out of spots. Q I mean now. I mean we're here on an emergency petition regarding the here and now. A Not a lot. Q So any information that you have on what's going on with her right now is not from any kind of personal observation of your own? 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes, it is. What I observed the day after Christmas. There's no denying it. Q Did you observe her doing drugs? A I observed her with Brian and my conversation with Carl. Q So you haven't personally observed her doing drugs though? A Never. Q And have any of your conversations with her recently, has she been really high to your knowledge? A No one would ever have a conversation about drugs with me because they know how disdain I am about it. Q What I mean, any time you've seen or talked to Deidre in the past say five months, has she seemed under the influence of cocaine to you? A Not that I'm aware of. Q Have your parents said anything to you that they thought she was under the influence of cocaine? A You've got to understand that's her mom and dad. They love her. Q I mean to you. A Exactly. I tried to go to them and talk to them, and they don't want to hear what I have to say. MS. COSTOPOULOS: Okay. I don't have anything else. 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . MR. CONNELLY: One other question. Has Deidre lost a lot of weight? THE WITNESS: Yes, about forty pounds. MR. CONNELLY: That's all. THE COURT: You may step down. MR. CONNELLY: That's all we have, Your Honor. THE COURT: Ms. Costopoulos. MS. COSTOPOULOS: I would like to call Deidre Boarman. Whereupon, DEIDRE BOARMAN having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. COSTOPOULOS: Q Could you please tell us your name and where you are residing right now? A My name is Deidre Boarman, and 1. am residing at two different properties at the moment. Q What are those properties? A 211 East Countryside Drive, Boiling Springs, which belongs to Dick and Dee Basehore. Q Those are your parents? A Yes. And at 6690 Wertzvil1e Road, Eno1a. Q And that's -- 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Brian Diller's. Q And what is your relationship with Brian Diller? A He is my boyfriend. Q And how long has that been the case? A I would say -- let me think here -- since January. Q And you had a past relationship with him before you had married Mr. Boarman? A Yes, I dated him and was engaged to be married to him from the time I was 15 until I was 21. Q And since you've been back together with him, has there been illegal drug use with him? A No, but I will admit to 22 years ago. I have no problems admitting that, but today, no. Q So at any time since you've been dating Mr. Diller, it's your testimony you have not seen or have reason to believe that he's doing any drugs? A Not to my knowledge at all. Q And you're also not doing any drugs? A No, ma'am, I don't even barely drink alcohol. Q When was the last time you did do some kind of cocaine? A I would say I was either 18 or 19 years old. I can't remember which. And, yes, I will admit to that. I 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . have no problems telling anybody in the courtroom. I don't think I should pay for that today. Q Do you have any reason of why you would not submit to a drug test? A I just think it's ridiculous. I have spent the last ten years donating my time to the community, six hundred kids. I was a treasurer, and I was also a fundraising person. I have given a huge amount to the Cumberland Valley Midget Football Association and high school cheerleading. I have raised -- I'm raising three kids, two honor roll, one dean's list, and it's not been easy for me the last five months. I was tossed to the curb, not a car, not a phone, nothing, and it's been very difficult for me. I had a rental property, not a lot of money to work with, and was tossed to the curb. I have been robbed. I have been harassed by Mr. Boarman's little man right here, and it's just been very difficult for me. I went from my father's house at 27 years of age to Michael, and I have never been on my own. It's a new experience. Q And the letter that was sent out by Dr. Shienvold that you submit to a hair sample test within a week, the letter was dated April 25th, 2006. Did you ever receive the April 25th, 2006, letter? 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No, I didn't receive a good majority of my mail being that I left the property the day after I was robbed and only went back to take my belongings out of the property and never received a lot of things from Foxanna back to the place where I'm starting a business with my parents. Q When is the first time you were aware of the April 25th letter from Dr. Shienvold suggesting that you contact them? A Well, when I went to Shienvold's for my first hearing, I really thought they were going to drug test me there that day. She said, no, that I would have to go to Chambersburg for drug testing. I can barely afford the gas to drive back and forth to Boiling Springs let alone to drive to Chambersburg and then pay $70.00 for a drug test that I was told was going to be paid for. I have no problems doing the drug test. Q So your problem is paying for the drug test. You'll submit to one as long as somebody else A And the gas issue. And that's the main reason why I stay at Brian's as much as I do because these kids have eight days left of school. I can't physically afford to drive my vehicle back and forth from Boiling Springs two times in the morning and two times in the 80 . . 1 afternoon and try to start a business in Camp Hill. 2 THE COURT: What is the business? 3 THE WITNESS: It's antiques, and my parents 4 own Fitch's Trading Post. Fitch's Trading Post, that's been 5 in business for 65 years, so we do have a combination shop 6 which I just started May 1st. I have not worked since 1991 7 other than volunteering my time to the community. 8 THE COURT: Are you paying rent? 9 THE WITNESS: Well, that's the problem. I 10 can't afford rent. 11 THE COURT: What do you do with the 12 twenty-eight hundred dollars? 13 THE WITNESS: Well, I have a car payment. I 14 have insurance. I have a daughter in college that was cut 15 off cold. I have two cell phones that are $753.00 a month. 16 Do you want me to keep going? I have two children in 17 school. I have a daughter in lacrosse. I have a daugher in 18 cheerleading. 19 THE COURT: Why do you have two cell phones 20 that cost seven hundred dollars a month? 21 THE WITNESS: My daughter is in Philadelphia. 22 When I left, Michael cut Cassie's phone off and he cut my 23 phone off, so I had my daughter's phone and my phone, and 24 it's our only phones that we have. 25 And the plan that they gave me dumped me into a 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . six to seven hundred dollar range until I could change it, and it was thirty days before they could make it right. And when I was supposed to go to Shienvold's, my phone was cut off because I couldn't afford to pay the bill. Mike Boarman might be telling you that he's giving me twenty-eight hundred a month, but when we went for court action, he actually owed the money that day that went into arrears. Any time that I ever asked him for help, he said no. It's only been recently that things have started to slow down. I'm paying college tuition. I'm paying rent in Philadelphia, I'm paying rent in Camp Hill, and I was paying rent in Mechanicsburg. Something's got to give, sir. BY MS. COSTOPOULOS: Q What are your intentions when your kids get out of school? A My intentions are to go to Boiling Springs because that's pretty much when my parents start to travel so it will be an easy adjustment for all of us. The property that we rented in Camp Hill is also kid friendly. Q And what is this property in Camp Hill you're referring to? A It's the shop where I am, so when I'm working they can also go with me. Q And have you actually started working? 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Yes, May 1st I started working. Q And what hours are you working? A It just depends. We're still in the process of putting the store together. I have not had an actual sale yet, so it's still a whole new thing to me but it's the only thing that I've ever done and it's what I know so I decided to go with that. Q And is this on the same property, the same building as your parents? A Yes, it's all one shop. Q And so are they helping you with this? A Yes, they're helping me split the rent. Q And they also said that you and the kids can live there? A Yes, they have a four bedroom house, and there's a bedroom set up for each one of my children. I just can't physically afford for the last eight days of school and the last two weeks, I can't literally take them back and forth up to Boiling Springs. My daughter does cheer leading and lacrosse, so we spend close to four and a half to five hours in the evening going from one part of the high school to another, then after school, and we're just allover the place. Q How many hours a week is your daughter involved in either cheer leading or lacrosse? 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Well, I have to say normally she's in only one sport or another, and cheerleading I tend to support, and now that she's in high school it will be a year round sport. I can't say how many weeks. I mean in Cassie's case it was different. It was every day the same amount. Laure goes in high school next year. It will be the same. It's an enormous amount. It is a dedication. Laure has decided to follow Cassie's path in helping little kids. It will be from 3:15 to 5:00 for high school cheer leading and again from 6:00 to 8:00 for the little kids program. Q And historically has Mr. Boarman participated in these extra-curricular activities? A I have been with this program for ten years, and the general manager has probably only seen my husband three times. Q And how involved a program is this cheer leading? A It is big. We have 600 kids in the little kids program and 55 in the high school cheer leading program. Q Does it require travel outside of the area? A Oh, yes, they travel allover the East Coast fundraising for everything. Q And has Mr. Boarman ever gone on these trips? 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A He went to Dallas one time and literally complained the entire time. Q And prior to you splitting up, how often was he spending time with them? A I couldn't get him to. That was one of my biggest complaints. He was about himself and his band, and he spent an enormous amount of time even when he was home in the basement. I couldn't get him to be a family unit, and my number one wish for him when I did leave is that he become a good dad and become involved. Never went to conferences, doctor's appointments, nothing, not Hersheypark, nothing. Not even junior/senior recognition day. I don't even know where to go. It's just -- even if I went to the grocery store, I picked up every single child and took them with me, and there isn't anybody in this room that looks at me and tells me this isn't so. Q Do you have any -- what is your relationship with this Mr. Crone? A Mr. Crone and I -- he has been there, oh my gosh, since the time I was probably sixteen years old. His wife has been my best friend in my life a long time, since I've been ten years old. And Carl Crone, I would say, is the closest thing to a father to my daughter sitting back there in the room. 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . He has helped me in every major life decision. Q And do you have any explanation as to why these cocaine allegations would be made? A Because he was there twenty years ago. It was twenty years ago. Q So you're saying it's all because of who you're dating? A I'm not sure why it's all coming up again, but it is all based on twenty years ago. Carl was there. Traci was there. Carl has been married a pretty long time. I know that Mike Boarman has broken his friendship off with the both of them, and I don't know how to explain it, but their daughter, Tasha, is a very dear friend like Kelly. It's like a threesome thing that these -- when I was not working, I had Kelly, Laure, and Tasha all through the summer. I mean these girls just go in packs. That's what they do. Q And that was the case way before you even separated from Mr. Boarman? A Absolutely. Q And other than the cocaine allegations, have there been significant problems between you and Mr. Boarman regarding the arrangements? A We won't ever be able to agree upon anything 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e . because nothing is ever good enough. Q Have there been any specific incidences? A When I knew that I was going to be evicted and I asked for help, he didn't care. When I called him to tell him my child was in the hospital, he didn't care. When I called to tell him that she was going to be thrown out of school, he didn't care. When I called to tell him that my child was in Philadelphia without a cell phone, he didn't care. Yesterday when I called to tell him that my child was in the hospital, he said I've got to go and then proceeded to call my parents of 75 years of age to badger my father, and I refuse for my parents to be brought into this when he disowned his other brother, his own mom and dad. MR. CONNELLY: Objection, Your Honor. We're so far afield now. This has nothing to do with -- certainly if he wants to communicate with her -- let me finish. If he wants to communicate her complaint in the custody evaluation, we could go on through a whole history of his complaint. We're dealing with your claims of emergency relief, not how she feels about how he responded. THE COURT: Of course sustained. Ask another question, ma'am. BY MS. COSTOPOULOS: Q How long have you been staying at Mr. 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Diller's? A Off and on I would say since May 1st. As far as some of my property, one third of my property went to my mom's, one third of my property went to the shop, and one third of my property went to Brian Diller's. Q And was it ever your intention to have the kids permanently residing at Mr. Diller's? A No. Q And is your daughter even staying there? A She has on occasion. Brian Diller is the only one that lives in Green Ridge School District which Chandler goes to school in. Q And I mean has there been any problems? A No, the kids love Brian. Q Mr. Boarman testified that Chandler is actually seeing a psychologist due to his resentment of you and Brian Diller? A Chandler has had problems since he's been a he had Berger's disease. Every problem that his son has is based on the history of -- Mr. Boarman's medical history and his family's medical history. Q And to your knowledge is your husband seeing a psychologist? A Yes. Q Do you know how often? 88 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A I know at one point it was once a day. Q Do you know how long that's been the case? A Probably since the beginning of December. THE COURT: Anybody have a cell phone in here? Do you have a cell phone in your purse? THE WITNESS: Could be me, but it was turned off. I'm sorry. BY MS. COSTOPOULOS: Q Until school gets out, what are you suggesting the custodial arrangement be? A Well, if push comes to shove, I am sure that anybody sitting in this room would give me the money to make sure I have gas to get back and forth. I'm sure of that. We have eight days left. My kids don't have a problem with it. I don't have a problem with it. The only thing that I know I keep getting calls from my daughter, Laure. She's being forced to stay at her dad's, and she didn't want to. Her sister went to see her last night and she wasn't even allowed to walk outside the property by herself to talk to her. THE COURT: Who's her sister? THE WITNESS: Right there. Cassie Boarman. Cassie Basehore, I'm sorry. MS. COSTOPOULOS: That's her daughter from a prior relationship, Your Honor. 89 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . THE COURT: This is your daughter from Philadelphia? Um-hum. THE WITNESS: THE COURT: THE WITNESS: BY MS. COSTOPOULOS: Q So if it would have any difference in the decision of the Court, you wouldn't have a problem moving to your parents immediately? So it is a stepsister? Stepsister, yes. A Absolutely not. If it is such an issue, absolutely not. Q And would you submit to a drug test tomorrow if somebody paid for it? A Absolutely. Stop this nonsense once and for all. MS. COSTOPOULOS: I don't have anything else. THE COURT: Cross-examine. CROSS-EXAMINATION BY MR. CONNELLY: Q What happened to the appointment in May at Dr. Shienvold's office? A I just explained to the Judge what happened to that. If I did not have enough money to even pay my cell phone bill, how am I supposed to call in person. By the time I realized it and I did call, I didn't get an answer 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e . back. I said to the lady -- she said that Susan wasn't in. I said I really need to speak to her, and she said, well, she won't be in until tomorrow. And then the next day came. I forgot about it, and when I did remember and look at the calendar when I did call, she didn't call me back for four more days. Q Wait a minute. She said she hasn't heard from you from the time she left the message that you had missed -- A I had no phone, sir. I'm telling you that. Q Let's go back. You said you called and left a message for her. She had no record that you called. A I called the front desk. She said she wasn't in. I said I'll call back. Q So you didn't leave a message? A No. Q And you missed the appointment because you didn't have enough gas to get there? A Absolutely, and I had been robbed days before that. Q Mr. Boarman paid for the entire evaluation, correct? A Did he pay for my gas to get there? Q You have 2800 bucks a month, but you don't 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . have enough gas to get there? A And how often have I got this money? Q So you missed the appointment? A Yes, sir, I did. Q And you didn't reschedule it until you found out about this petition? A That's not true. Q It was coincidence that you called Friday after the Court scheduled this for a hearing? A I was home with my son for two days. He had asthma. By the time I went back to work and realized what was going on and trying to get my mail to one property, I realized what was -- it's a mistake on my part. Yes, I did call her on Friday. When did she call me back? She called me yesterday on the way to Philadelphia. Q Let's go back. Did your attorney tell you an emergency petition was filed Friday and a hearing was scheduled for today? A No. Q When did you find out about the hearing? A I honestly do not remember. Q Did you find out about the hearing A I didn't get anything through the mail I'll tell you. Q Let me finish my question. Did you find out 92 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e . about the hearing before or after you called Dr. Shienvold's office? A After. Q So it was sheer coincidence you called them for this appointment? Sir, I do not not follow up on things. But you didn't follow up on things. Well, guess what, I didn't have a telephone A Q A now, did I? Q A Q A Q or no. And do your parents have a phone? We were moving into a brand new property. Do your parents have a telephone? It's not their responsibility. Do your parents -- THE COURT: Ma'am, those questions get a yes THE WITNESS: Okay. I'm sorry. BY MR. CONNELLY: Q Do your parents have a telephone? A Yes, they do. Q Do they have a cell phone? A They have a cell phone but not a telephone. Q So their telephones are with them as you and your parents are moving in? A Right. 93 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q Did you ask them to use the phone to call Dr. Shienvold's office? A Sir Q Yes or no? A No, I didn't. Q Where's this cell phone that's ringing in your purse coming from if you didn't have one on Friday? A I paid my bill. Q When? A Last week. The bill goes to Nevada. Q The bill goes to Nevada? A That means that it takes five days for the check to go across the country. Q How much did you send them? A $753.00. Q And so that 750 you didn't pay the month before, correct? A Absolutely. Q What did you do with the 2800 bucks then if you didn't pay your cell phone? A I don't recall. Q You made -- the first thing you started talking about here, you just really don't feel you should take a drug test because of all you've done for the community. Was that the gist? 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A Absolutely. I didn't say I didn't want to. Q You shouldn't have to. A I shouldn't have to. It's insulting. Q Why would Carl Crone tell Mike and two other people, your brother included, the same story that you were doing cocaine? A I don't know. I can't speak for Carl. Q So he must have been confused whether it was twenty years ago or -- A Absolutely. Absolutely. I can't speak for Carl Crone. Q When you moved out in December, you refused to tell Mike where you went, didn't you? A I don't remember. Q Did you allow him to see the kids? A Yes. Q He testified you wouldn't let him see his kids. A Well, he wasn't in the right frame of mind at the moment. Q So apparently you didn't let him? A No, I did let him see the kids because he was kicking my door in and punching the door beside my head, and that was the only reason otherwise I wouldn't have let -- he's a pretty threatening man. 95 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q every day? A Q A Q A don't care. Q right after A And you're saying he goes to a psychologist He did at that point. What point? In December. Every day? What he does every day I don't know and I Did you agree to switch weekends with Mike No, Michael was forcing me into that, and I decided not to do him any ~avors. Q Can I finish my question? Did you agree to switch weekends with him because of something you had to do? A No, I agreed to switch weekends because of something he had to do, play in the band. Q And then all of his schedule for the band was designed around that weekend schedule? A That's not so. They're booked a year ahead. Q So you then said no, I'm not going to do that. I want to switch back to the old weekends because it was a court order, and he keeps telling me to follow the rules and do exactly what the order says, 24 hour notice for right of refusal or babysitters, which he doesn't follow but I have to, so I decided not to do him any favors anymore. 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e . Q If you move to your parents, you're out of the Cumberland Valley School District? A Yes, they will going to Boiling Springs until I get a property. Q And you made that decision on your own? A No, I didn't make any decision, sir. I have until August 27th or 28th to find a property in Cumberland County. Q And then the decision will be to send your kids to Boiling Springs? A No, the kids -- the decision will be to keep them in Cumberland Valley. Q What about Boiling Springs? A I was confused. That's where we are going to live this summer. Q Now, your kids have an opportunity to be with their cousin and go to the West Shore Country Club and have activities or they'll go with you to the shop. A Well, I didn't say only the shop. Q How many hours a week are you going to work? A Not very many when I have my children. That's the luxury of going into business with your parents. Q Where is that shop located? A 1925 Market Street, Camp Hill. Q And do your parents have a location there to 97 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . sell what they sell? A Absolutely. We are sharing a house. Q You share a house, and are you sharing the rent? A Absolutely. Q And you're paying how much? A Six fifty a month. Q For your share? A My share. Q And when did this lease start? A I have not paid yet. Q When does the lease start? A It started May 1st. Q When Mike asked you to switch the weekends around, he prepared a calendar and laid it all out for you. A Yeah, to his benefit. Q How could it be to his benefit? MS. COSTOPOULOS: Your Honor, I object. None of this has anything to do with the emergency petition. MR. CONNELLY: She offered a lot of testimony about how he didn't care. THE COURT: Overruled. You can answer that question. Go ahead. Finish the question. Did he give you a schedule? THE WITNESS: Yes, he did. 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . BY MR. CONNELLY: Q And it was a weekend schedule, wasn't it? A I don't remember. Q Nor do you remember did it cover every day from the time he gave it to you to the end of the year? A I don't remember. No, just I think for a couple months. Q And so you're going to sit here today under oath and say that you didn't use cocaine with Brian Diller, right? Never used it with him except twenty years ago? A Absolutely. Q Never purchased any cocaine from him in the recent past? A Absolutely. Q Your friend, Traci, who is this guy Crone's husband, never purchased cocaine from Mr. Diller -- A No. Q -- to share with you? A No. Q And you never did it with Traci and Mr. Crone even though he's told several other people? A Twenty years ago, twenty-two years ago. I'm not sure how long ago it was. Q All right. Did Mr. Boarman volunteer 2400 a month to you before the court order was entered? 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A No, he only ever paid me 2200 dollars a month. Q So he pays 24. You say 22. The order is for 28, right? A It is now. Q And it's been consistent. He's paid you 2800 for -- A I think three payments. MR. CONNELLY: I don't have any further questions, Your Honor. THE COURT: Ma'am, redirect. MS. COSTOPOULOS: I don't have any redirect. THE COURT: Ma'am, you may step down. Next witness, ma'am. MS. COSTOPOULOS: Cassandra. MR. CONNELLY: Let's get an offer of proof here. MS. COSTOPOULOS: She's going to testify that her mother isn't a dope head and that she's had a lot of stress and issues lately that would explain her weight loss. MR. CONNELLY: Your Honor, my understanding is this young lady lives in Philadelphia and has for roughly the last year and a half, only occasionally being at home, and by occasionally I mean few and far b~tween. The idea that somehow she has something to lend to this certain 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . circumstance THE COURT: It's an important case. Her brother didn't seem to have a whole lot of contact with her, with the wife either, so I'm going to allow her to testify. She came up here. It's her mother. Come forward. Whereupon, CASSANDRA LEE BASEHORE having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. COSTOPOULOS: Q Would you tell us your name and where you're currently living? A Cassandra Lee Basehore, 16 Walnut Street, Apartment 702, Philadelphia. Q And you're currently in college? A Yes. Q And how old are you? A Nineteen. Q And where are you attending? A The Art Institute. THE COURT: THE WITNESS: THE COURT: THE WITNESS: BY MS. COSTOPOULOS: I'm sorry? The Art Institute. Philadelphia Art Institute? Um-hum. 101 . . Q A Q A in September. Q A Q A Q A Q you Ii ving? A THE WITNESS: George Mallios. THE COURT: Do you spend time with him? THE WITNESS: No. THE COURT: And where does Mr. Mallios live? THE WITNESS: I don't know. BY MS. COSTOPOULOS: 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . substantial amount of cocaine with some people? A I've never heard of any of it, so Q Do you have -- having lived with your mother the past couple years before leaving for college, I mean did you notice anything different about her or anything that gave you concern? A She was stressed out a lot. She would spend like days in her room just because her and Mike would fight a lot. I guess parent issues, relationship issues, but she did lose weight. She was stressed. Like we would talk about it, stress, just stressed. Q Whenever you left for school, how often would you see her, talk to her? A To my mom? Q Um-hum. A I talk to her every day. Q And you still do? A Yes. Q And prior to today, when is the last time you saw her? A Yesterday. Or do you mean like -- Q Yesterday were you in Philadelphia? A Oh, okay, but she came down to see me. Q And whenever you were still living at the house, you know, how often was Mr. Boarman around 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 . . participating in family events? A If he was around, he would be in the basement. Family events? Not often. It was like -- MR. CONNELLY: Your Honor, they objected to this being custody testimony. Let's characterize -- THE COURT: She answered it. Let's just move on. Overruled. Next question. BY MS. COSTOPOULOS: Q Are you familiar with Brian Diller? A Recently, yes, just because he's been around. And over Easter, was it, I came home and I saw him then. Q And were you at his house over Easter? A Um-hum. Q And, I mean, did it seem like some party house? A It was comfortable. I felt at home. Like me and my sister and my brother played football with his kids. He played with us. He's a good dad. He cares. Q So you didn't see anything that gave you concern that there was an unsafe environment -- A No, not at all. Q -- knowing that your brother and sister are there? A No, I would probably tell you if there was a concern, because I care about my brother and sister. I 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . don't want them to go through that. Q If your brother and sister would stay with your mother at Mr. Diller's house, do you think that there would be any physical threat to them? A No, not at all. MS. COSTOPOULOS: I don't have anything else. THE COURT: Cross-examine. CROSS-EXAMINATION BY MR. CONNELLY: Q Cassie, you talk to your mom every day? A Um-hum. Q And how long has it been going on that you speak every day? A Since I've lived with her. Q No, I'm talking about since you've been in Philly. You talk -- a day doesn't go by you don't talk to her? A Maybe a couple times because I'm busy. I work and I go to school, but other than that it's pretty much every day. Q Well, I thought your cell phone service was cut off? A Well, it was. Q So did you talk? A I didn't get to talk to her, but I used my 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . roommate's telephone so I could communicate with her, find out what's going on. Q How long was it shut off? A Maybe a week, maybe longer. I'm not sure. I don't keep track of that kind of thing. THE COURT: What number would you call if the cell phone service was cut off? That would mean your mom? THE WITNESS: I called my grandparents and I called Brian's phone also, but when Mike shut down my phone, I had no way of knowing. BY MR. CONNELLY: Q Mike sent you a thousand dollars, didn't he? A That is true. Q And he asked you to contact him and you guys could work through the tuition? A I'm not willing to contact him considering what I've been through in my past with him. Q He sent you a thousand bucks and said he'd work out the college tuition. You didn't contact him? A No. MR. CONNELLY: All right. No other questions, Your Honor. THE COURT: Redirect. REDIRECT EXAMINATION BY MS. COSTOPOULOS: 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q And why didn't you contact him? A Because I didn't want to respond to him. When I lived with him it was hell, and I would rather not. I don't want him in my life anymore. Q Why do you describe it as hell? A Because he used to abuse me verbally and physically. MR. CONNELLY: Wait a minute. Now, what does this have to do with the emergency petition? I'm imposing an objection. First of all, the answer is completely nonresponsive to the question. She asked why, and she is just saying now? The objection is there seems to be misconduct here. With her it's cocaine, and she's saying well, the kids get abused in the home. THE COURT: What are you talking about here? I am overruling the objection. I want specifics and I want the truth. THE WITNESS: Okay. In my junior year he threatened to choke me with a cord, like a microphone cord, and he grabbed my wrists, and they were all bruised. He's thrown me into walls. He's like if he ever has stress, he would take it out on me. Like he smashed my TV to like threaten me before, ripped apart my room, thrown my mattress down in the 107 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 . . basement. I remember he used to take me out to the car and hit me, just stuff like that. Not very fair for other kids to go through. THE COURT: Okay. All right. That part is over. Do you have any other questions? BY MS. COSTOPOULOS: Q So in which household do you think your siblings would be more in danger, with your mother or Mr. Boarman? A With my mother, but I understand that is their father. They should see him, but I don't think he's very safe considering how he's under stress sometimes and he's taken that out on me. So looking out for them and my mom -- MS. COSTOPOULOS: I don't have anything else. THE COURT: Recross. MR. CONNELLY: No, Your Honor. THE COURT: You may step down. MR. CONNELLY: I want to call Mr. Boarman on rebuttal. This can't stand. THE COURT: Do you have any other witnesses, ma'am? MS. COSTOPOULOS: No. THE COURT: I'll allow the rebuttal. 108 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 . . Whereupon, MICHAEL CHARLES BOARMAN having been called on rebuttal, having been previously sworn, testified as follows: DIRECT EXAMINATION BY MR. CONNELLY: Q You've heard testimony about several things here. Let's try and address them in order. Do you see a psychologist daily? A No. Q Where did that come from? A I don't know. Q Who do you see and -- A I see Jeff Verrecchio on a weekly basis. He is a psychologist. Q And how long have you been seeing him? A Since right before my wife asked for the divorce. Q Prior to that did you see a psychologist? A No. Q You heard your wife testify that she left with nothing. A Yes. Q In addition to the money you paid her, did you offer to do other things for her; for example, purchase 109 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 residence, give her money? A Yes. Q What happened to those offers? A She didn't she turned them down. I offered her a house and a car. Q What about -- let's address, for now, Cassie's allegations that you were physically abusive to her. A Yes. Q What happened? A There are two situations that I can distinctly remember -- Q All right. A -- which I regret the way that I treated Cassie. Q All right. What happened? A I did grab her wrists, and I did leave a mark on her wrists. I also cried and apologized to her to the best of my ability that night. Q What happened? What caused it? A The two of them, Deidre and Cassie, were very, very difficult to live with. They would gang up on me all the time, so stress is a good way to put it. Q The other things she talked about here, were you abusive to this child? 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A I was not abusive to Cassie. I did the best I possibly could. I'm a stepfather, and I was put in a horrendous situation in that her mother decided to enroll her into cheer leading without discussing it with me, and it became an every night situation. They were gone every night, leaving me to work all day and then come home and take care of Chandler, and I was never given any input with regard to how Cassie would be raised. I was just expected to pay for everything, and -- Q And you did? A Absolutely. I mean I can give you an example of a hairdo for $300.00 in St. Juan, but I wasn't supposed to be upset by that, a $300.00 hairdo. I could have done a better job. There's no question about that. And I have regrets, but Q Did you send Cassie a thousand dollars? When you and Deidre separated, did you send Cassie a thousand dollars and ask her to contact you about making arrangements for tuition? A No, I didn't send her a thousand dollars. I think I called her directly and asked her to call me so that we could try and make arrangements for tuition but that I wouldn't work through her mother to do so. I had to work directly with her. Q She had mentioned you sent her money. III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . A I did send her a thousand dollars. That was for her birthday along with a letter asking the same thing, but, you know, I can't force her to. She's nineteen. If she doesn't want me in her life anymore, there's nothing I can do it about it. Q How would you describe your relationship with her throughout the marriage? A Difficult. Q Laure and Chandler? A They're phenomenal. Q Any reason to expect that there's any danger to these kids at all being in your custody? A No. Q Have you ever struck either of the children? A Only from a disciplinary standpoint on the rear end, and that was only with fair warning and without any emotion on my part. It was strictly discliplinary. Q How do you get along with the kids now? A I get along with Chandler fantastic. He talks about living with me all the time. He's very happy when he's with me. We do a lot together. Laure was severely poisoned by her mother when her mother left me and believed a lot of lies. It's just something she told me directly, that she was told a lot of lies about me by both her mother and other 112 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 . . people that she doesn't believe anymore, but her relationship is tenuous. We are talking and we are getting along better and better. She's beginning to act like a daughter again, but I didn't see her for almost three months when my wife left. Q She wouldn't let you see her? A Correct. Q Now, if the Court were to award you primary custody pending completion of the evaluation, would Laure still be able to spend some time with the Fetrows since it seems like that's where she A Not this much. This is wrong, absolutely wrong. She has no parent at all except me on a Wednesday and every other weekend. It's just willy-nilly now. There needs to be structure. She's fourteen. She can get into a lot of trouble when she's not being watched by a parent. Q Okay. A It's not that I have a problem with Rich Fetrow because I don't. I don't have a problem with Kim Fetrow. It's excessive. It should not be this way. This is no way to raise a child. MR. CONNELLY: That's all. Your witness. THE COURT: Cross-examine. MS. COSTOPOULOS: I don't have anything else. THE COURT: Sir, you can step down. 113 . . 1 MR. CONNELLY: That's it, Your Honor. 2 THE COURT: Any rebuttal from you, ma'am? 3 MS. COSTOPOULOS: No. 4 THE COURT: Argument. You can go first, Ms. 5 Costopoulos. 6 (Whereupon, argument was held off the record.) 7 THE COURT: AND NOW, this 31st day of May, 8 2006, after hearing on the Petition for Emergency Relief, 9 the Court finds that the Petitioner has sustained his burden 10 of proof and his petition is granted. Primary custody of 11 the two children, Chandler and Laure, are awarded to Michael 12 C. Boarman. 13 Counsel, on or before the close of business on 14 Monday, June 5th, 2006, will provide the Court with a 15 proposed schedule of partial temporary custody for the 16 mother. Said custody shall be under the supervision of the 17 mother's parents and will take place only in the mother's 18 parents' home. If the parties cannot agree on a schedule, 19 the Court will set the schedule after review of each party's 20 proposal. 21 Father is directed to pay the sum of $100.00 today 22 to the mother. This money will be used exclusively for the 23 purpose of paying for the drug test and transportation to 24 and from the place where the drug test is to be 25 administered. 114 . . 1 It is further ordered and directed that the 2 children will complete their schooling at Cumberland Valley 3 for this school year. It will be the responsibility of the 4 father to arrange for transportation of the children to and 5 from their present schools. 6 The mother is directed to fully comply with all 7 the requests and appointments necessary to complete the 8 custody evaluation and to submit to the requested drug test 9 immediately. As soon as the evaluation is complete, the 10 Court will entertain petitions to modify this order pending 11 a regular custody conciliation conference. 12 Okay, ma'am, you've got -- you know this reminds 13 me very much of a purge order in a contempt. You hold the 14 entire fate of it. Finish the evaluation and get the drug 15 test as soon as you possibly can so that Dr. Shienvold can 16 present the Court with the result in this particular case. 17 MS. BOARMAN: That's not until August, sir. 18 THE COURT: You can pay her the money today? 19 MR. CONNELLY: Right now. 20 THE COURT: I will allow counsel to work out 21 the transfer of the children. Additionally in this case, 22 Laura, I want Mr. Carl Crone's testimony immediately 23 transcribed along with the rebuttal witnesses that followed. 24 After examination of that testimony I will review 25 it with regard to the elements of the offense of perjury and 115 . e 1 make a determination of whether or not that should be passed 2 on to the District Attorney of this county. 3 Is there anything further? 4 MR. CONNELLY: No, Your Honor. 5 THE COURT: Stand in recess. 6 (Whereupon, Court adjourned at 5:45 p.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 116 . . 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 the same. t~H~H~dH~ndl~~ Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. lJ,~ 010 Date M. c. ~:h WI .~ ".'";r:C' U.j .... ,... '.'. i C r:;;fW 9:JJZ :10 1"""'. OCT II 2DD6 MICHAEL C. BOARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-332 CIVIL ACTION - LAW DEIDRE L. BOARMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 31 st day of October, 2006, eight months having elapsed and neither party have requested another Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /~ \. l/ line M. V emey, Esquire, Custody onciliator >: ~ \-:- \} J <;:~' ~f~ \~~ ~i_ LL\ C;'.~ lC \of! F u... o ...10 tn co ~ d ?>- C) _~-;;,l;1I ~ 1"",.;,-'? c:::":> = <:--I ::5 <.)