HomeMy WebLinkAbout94-02688
SHERIFF'S RETURN
Scott Hoachlander
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-2688 Civil Term
Subpoena
<XM1ONWEI\L'Il1 OF PENNSYLVANIA:
COUNTY OF CLMBERLAND
VS
Cheryl Hoachlander
SERVE: Jordan
Justin
Robert r
Hoachlander and
Hoachlander
t:';nv
.xJ;H~f or Deputy Sheriff of
Cunberland County, Pennsylvania. who being duly sworn according to law. says,
that he served the within Subpoena
upon Jordan and Justin Hoachlander, the defendant, at 8: 30
0' clock
A
.M. Xi1mK 1 EDST, on the
18th
day of
August
1994 at
, -
271 Barnstable Road, Carlisle
, Cumberland County.
Pennsylvania. by handing to
Scott Hoachlander Father
a true and attested copy of the
Subpoena
and at the same time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Aff idav it
Surcharge
So answers:
18.00
2.80
4.00
$ 24.80 pd.
8-19-94
by
rr~?~
R. Thomas Kline, Sheriff
atty
bY~/~~
Deputy Sheriff
Sworn and subscribed to before roo
this
,8!!-
day of uJ".....r
19 9'1 A.D.
"--hv-. c. }~~
Prothonotary
1\ Oft'f '
I ~
SCOTT HOACHLANDER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
v.
94-2688 CIVIL TERM
CHERYL HOACHLANDER,
Defendant
:
CUSTODY
IN RE I CUSTODY
ORDER OF COURT
AND NOW, this 22nd day of August, 1994, after
hearing and consideration of the testimony presented, we do find
it is in the best interests of the children to make the
temporary Order of July 11, 1994, a permanent Order insofar as
the children are concerned. Therefore, we readopt Paragraph 1
of that Order, and Paragraph 2 of that Order in all respects
except for Subparagraph C of Paragraph 2.
By the Court,
David R. Breschi, Esquire
Counsel for Plaintiff
Austin F. Grogan, Esquire
Counsel for Defendant
:slr
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2688 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
SCOTT HOACHLANDER,
plaintiff
CHERYL HOACHLANDER,
Defendant
~ M ORDBR
AND NOW, this ~ day of October, 1994, upon consideration
of the attached complaint it is hereby directed that the parties
and their respective counsel appear in Courtroom No. 3 of the
cumberland County Court of Common Pleas in carlis~~~ncinq
at //);~D o'clock u;m., on the ....,/lfvday of O...t-......ar1' 1994 to
f 9!:
consider all matters raised in this Petition for Visitation.
BY THE COURT,
J.
(le, IS t./ 18 PH 'N
. .~ 'I ;^
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. ,
SCOTT HOACHLANDER,
plaintiff
.
.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
NO. 94-2688 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
v.
.
.
CHERYL HOACHLANDER,
Defendant
.
.
.
.
COMPLAINT ~OR VISITATION
AND NOW, comes the plaintiff, Scott Hoachlander, by and
through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY and files
the following complaint for custody.
1. The Plaintiff, Scott Hoachlander, is an adult individual
currently residing at 271 Barnstable Road, West Pennsboro Township,
cumberland county, Pennsylvania.
2. The Defendant, Cheryl Hoachlander, is an adult individual
currently residing at 114 South Arch Street, Mechanicsburg,
cumberland County, Pennsylvania.
3. The plaintiff and the Defendant were married in New
Bloomfield, Perry County, Pennsylvania on May 14, 1983 and are
currently still married.
4. Unto the marriage there was born two (2) children, Justin
Chad Hoachlander, born June 26, 1984 in Harrisburg, PA and Jordan
Brent Hoachlander, born May 15, 1987 in Harrisburg, PA.
5. The children were born in wedlock.
6. The plaintiff is the natural father of the children,
residing at the address contained in paragraph 1 above.
WITH nOH CBILDRBB RBSIDBD
The Defendant is the natural mother of the child residing
at the address contained in paragraph 2 above.
7. The children have lived with the following persons at the
following addresses in the last five (5) years:
271 Barnstable Road
West Pennsboro Township
Cumberland County, PA
7 pineroad Apt. 606
Mount Holly,
Cumberland county, PA
8. The parties have participated in a custody trial prior to
DATBS
1/88 to
2/6/94
2/6/94 to
5/19/94
5/19/94 -
7/11/94
7/11/94 -
present
ADDRBSSBS
2124 Newville Road
West Pennsboro Township
cumberland county, PA
2124 Newville Road
West pennsboro Township
cumberland County, PA
271 Barnstable Road
West Pennsboro Township
CUmberland County, PA
plaintiff & Defendant
plaintiff
plaintiff, Joyce Erickson
(plaintiff's girlfriend),
Donna Erickson (girl-
friend's daughter),
Daniel Erickson (girl-
friend's son)
plaintiff
Defendant
this action. Attached as Exhibit "A" are the two Orders of Court
that Judge Hoffer issued in this case setting the custody
arrangements ordered by the Court.
9. plaintiff knows of no other person not a party to this
action who is claiming rights or custody or partial custody of the
children.
10. The Orders of Court that this Court entered on July 11,
1994 and August 22, 1994 did not address the holiday schedule.
plaintiff believes that it is in the best interest of the children
to set the following visitation schedule for special holidays and
days throughout the year:
(a)
(b)
(c)
(d)
Christmas, Thanksgiving and Easter. starting
the day before the holiday at 3:00 p.m. until
3:00 p.m. on the day of the holiday with one
parent. The children will switch to the other
parent until 3:00 p.m. the day after the
holiday. Each year the morning and evening
visitation for the holiday will alternate.
Memorial Day and Labor Day should be given one
each per parent per year, then alternate the
following year. That holiday shall begin at
3:00 p.m. on the Friday prior to the holiday
and end at 3:00 p.m. on the Monday of the
holiday.
Because the 4th of July does not always occur
on a weekend or a Monday each year, this day
would be alternated each year by the parties.
Father's Day shall be spent with the father
every year. Mother's Day shall be spent with
the mother every year. This visitation shall
commence on 7:00 p.m. the Saturday before the
holiday and conclude at 7:00 p.m. the sunday
of the Holiday.
3
oatelp7)., I /_
LA./ ,'tcf(re( If' ( r '(? c(
WHEREFORE, plaintiff prays this court to grant the visitation
schedule as outlined above.
Respectfully submitted,
MANCKE, WAGNER, HERSHEY & TULLY
By
DAV
Attorney 10 # 59001
2233 North Front street
Harrisburg, PA 17110
717/234-7051
Attorneys for Plaintiff
4
,"
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18
Pa.C.S. Section ~904, relating to unsworn falsification to
authorities.
~ "j cd.b.,1
Dated:
~-3-'7t.f
SCOTT HOACHLANDER, . IN THE COURT OF COMMON PLEAS
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 94-2688 CIVIL
.
.
.
CHERYL HOACHLANDER, CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
CBRTIPICATE OP SBRVICE
I hereby certify that I am this day serving a copy of the
foregoing document upon the person and in the manner indicated
below, which service satisfies the requirement of the Pennsylvania
Rules of civil procedure, by depositing same in the United states
Hail, Harrisburg, Pennsylvania, with first class postage prepaid,
addressed as follows:
AUSTIN F. GROGAN, ESQUIRE
24 NORTH 32ND STREET
CAMP HILL, PA 17011-2917
DATEO{ bf? (~jWf
HANCKE, WAGNER, HERSHEY & TULLY
8Y\01' ;I r;rt
DAVID R. BRESCHI, ESQUIRE
Attorney ID # 59001
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for plaintiff
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JUL08 '199"JA..
SCOTT HOACHLANDER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 94-2688 CIVIL TERM
CHERYL HOACHLANDER, )
Defendant ) CUSTODY
ORDER
AND NOW, this II f/.... day of
~"~r
, 1994, upon receipt of the
conciliator's report, it appearing that the parties have agreed to the terms and
provisions of this order which was dictated in their presence and approved by them and
their counsel, we hereby order as follows:
1. The parties will share legal custody of their minor children, Justin
Hoachlander, born June 26, 1984, and Jordan Hoachlander, born May 15, 1987.
2. Physical custody of the two minor children wil1 be shared by their parents,
their father, the Plaintiff, Scott Hoachlander, and their mother, the Defendant, Cheryl
Hoachlander, as follows:
A. The children will spend one week in the physical custody
of each of the parents, commencing with the mother. from Monday,
July 4, 1994, through the following Monday morning at 6:30 a.m., at
which time she will return the children to the father.
B. The father shall then have the children from Monday
morning at 6:30 a.m., until the fOllowing Monday at 3:00 p.m., when
the mother shall pick them up to start her full week with them.
Thus the mother will have the children from the time she is first
;.
,
\
I
CORRECTION \
Previous Image
Refilmed to Correct.
Possible Error
. ,
.
'1
,...,
SCOTT BOACHLANDER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
I
V. . 94-2688 CIVIL TERM
.
.
.
CHERYL BOACHLANDER, .
.
Defendant CUSTODY
IN REI CUSTODY
ORDER OF COURT
. .
....
AND NOW, this 22nd day of August, 1994, after
hearing and consideration of the testimony presented, we do find
it is in the best interes~ of the children to make the
temporary Order of J~y 11, 1994, a permanent Order insofar as
the c~ldren are concerned. Therefore, we readopt Paragraph 1
of that Order, and Paragraph 2 of that Order in all respects
except for Subparagraph C of Paragraph 2.
By the Court,
vrDavid R. Breschi, Esquire
Counsel for Plaintiff
Austin F. Grogan, Esquire
Counsel for. Defendant
:slr
--.
o
Q
JUL 08 .199. .dA-.
SCOTT HOACHLANDER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 94-2688 CIVIL TERM
CHERYL HOACHLANDER. )
Defendant ) CUSTODY
~
AND NOW, this f I f1.... day of
~~~
, 1994. upon receipt of the
conciliator's report, it appearing that the parties have agreed to the terms and
provisions of this order which was dictated in their presence and approved by them and
their counsel. we hereby order as follows:
1. The parties will share legal custody of their minor children. Justin
Hoachlander. born June 26. 1984, and Jordan Hoachlander. born May 15, 1987.
2. physical custody of the two minor children will be shared by their parents,
their father, the Plaintiff, Scott Hoachlander, and their mother, the Defendant. Cheryl
Hoachlander, as follows:
A. The children will spend one week in the physical custody
of each of the parents. commencing with the mother. from Monday,
July 4, 1994, through the following Monday morning at 6:30 a.m.. at
which time she wil1 return the children to the father.
B. The father shall then have the children from Monday
morning at 6:30 a.m., until the following Monday at 3:00 p.m., when
the mother shall pick them up to start her full week with them.
Thus the mother will have the children from the time she is first
---
.
.
-'
off work Monday until just before she goes to work the following
Monday. and the father shall have the children from the time the
mother drops them off until the following Monday morning at
approximately 6:30 a.m.
C. This arrangement for shared custody shall terminate on or
before August 29, 1994. and we make no further order for our
custody scbedule thereafter. Either party is free to request the
court to extend this order or to enter an order for physical
custody after August 29. 1994. as appropriate.
3. A hearing shall be held before the undersigned in Court Room No. ~ of the
/i,' JO
Cumberland County Court House in Carlisle, Pennsylvania. commencing at ~ I
o'clock ~.m.. on 1111'7,dl/...l', the ;U, ^->L day of Ilil/JJt.f.-t. , 1994, to
I J -/
consider all matters raised in this custody action. Each party shall. at least ten
(10) days prior to that hearing. through counsel, identify the witnesses they intend to
call at such hearing and provide the name. address, and daytime telephone number of
such witness. together with a brief description of the matters to which the witness
will testify.
This order is intended to be temporary only and shall expire. unless extended by
an order of court or a written agreement signed by both parties. on August 29. 1994.
We set that date because that is the date on which the children are scheduled to return
to school and this order is intended only to provide for the children's vacation from
school in the summer of 1994.
2
..
.
.
The action filed by the same parties to No. 94-2882 Civil Term, which involves the
same issues between the same parties, is hereby dismissed. All further proceedings
will be heard to the above term and number.
By the Court,
-f-.V ~~ t. 1~
J.
~Vid R. Breschi, Esquire
Attorney for Plaintiff
Austin ~. Grogan, Esquire
Attorney for Defendant
T~I:-'E COpy FROM
In T..st!:rr:in~"Nh.>r'~f J RECORD
and t/!':! sadl of ,:~~ i~ hore unto ~f my hand
l!J~IS.- //.1.1 ' ..a. AI!' I ;:t G',"I'''-'' "
u.;' "... u" 01 ,': '";~q r<i.
sla
3
SCOTT HOACHLANDER,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
v.
:
: NO. 94-2688 CIVIL TERM
CHERYL HOACHLANDER,
Defendant
.
.
IN CUSTODY
WITNESS LIST
TO THE HONORABLE GEORGE E. HOFFER:
Defendant, Cheryl Hoachlander, by and through her attorney
(1) achlander, Mother/Defendant: 7 Pine Road, Apt.
6, Mt Holly PA.; 717-486-8633. Mother will
fy to her role as mother and primary
taker during the children's life while the
rties resided together and events
urrounding the eviction from the marital
home.
this witness list in accordance with
Austin F. Grogan, Esq.
this Honorable Court'
dated July 11, 1994.
(2)
Jean an
husband:
Witnesses
Hoachlande
grandmother and
17062.
to Mrs.
s role and fitness as mother.
(3) Martina and , 661 W. Old York Road, Carlisle,
PA 17013: wit 'll testify as to Mrs.
Hoachlander' ole and f1tnes other.
(4) oachlander, 271 Barnstable Road,
ildren will testify as the living
to and subsequent to the eviction of
eir father.
Respectfully Submitted
tZJ:t;, //f
, Esq.
treet
17011
Defendant
,
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Austin F. Grogan, hereby certify that I did mail a true and
correct copy of the Witness List in the above matter, by first
class mail to Attorney David R. Breschi, Esq., Plaintiff's
attonrey, at 2233 North Front Street, Harrisburg, PA 17110. I
understand that false statements are made herein are made subject
to the penalties of Pa.C.S. section 4904, relating to unsworn
falsification to authorities.
Date:
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SCOTT HOACHLANDER,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2688 CIVIL TERM
v.
CHERYL HOACHLANDER,
Defendant
WITNESS LIST
TO THE HONORABLE GEORGE E. HOFFER:
plaintiff, Scott Hoachlander, by and through his attorney,
MANCKE, WAGNER, HERSHEY & TULLY, files this witness list in
accordance with this Honorable Court's Order dated July 11, 1994.
Counsel served
witness list on opposing counsel on August
12, 1994.
1.
will testify that the best
interest of the children is for
primary residential custody to be
with him.
Will testify that she has been
seeing the children since cheryl
left the marital residence and
has monitored their progress.
She will also testify as to the
marital counselling sessions
between cheryl and Scott
Hoachlander.
2.
erry Mock, M.S.
401 E. Louther Street
suite 206
Carlisle, PA 17013
258-0214
3.
John Hoffman
766-2879
tha
t orary custody
red, Cheryl
ildren every other
the week as
He w also
to the general cter
Cheryl and Scott.
.-
4.
Shirley Hoachlander
will testify
8, 1994 wee , e
suppos pick the chi
a r house and never did.
up
5.
Will testify as to the events
that occurred in 1994 in which
Cheryl was charged and convicted
of harassment.
ickson
arnstable Road
C lisle, PA 17013
~5-2664
Date:
Respectfully submitted,
MANCKE, WAGNER, HERSHEY & TULLY
ByillCHf!.itf
Attorney ID # 59001
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for plaintiff
/(,/ (791
81694. let
. ,
.',
.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2688 CIVIL TERM
SCOTT HOACHLANDER,
plaintiff
CHERYL HOACHLANDER,
Defendant
CBRTI.ICATB O. SBRVICB
I hereby certify that on August 12, 1994 a copy of the
foregoing document was served upon the person and in the manner
indicated below, which service satisfies the requirement of the
pennsylvania Rules of Civil Procedure, by depositing same in the
United States Mail, Harrisburg, pennsylvania, with first class
postage prepaid, addressed as follows:
AUSTIN F. GROGAN, ESQUIRE
24 NORTH 32ND STREET
CAMP HILL, PA 17011-2917
OAT" Atyf !{/ 111
MANCKE, WAGNER, HERSHEY (, TULLY
II
By
o R. BRESCHI, ESQUIRE
Attorney 10 # 59001
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for plaintiff
SCOTT HOACHLANDER,
plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY A PENNSYLVANIA
: q4- ;)~118 Clvd Tu/YI
NO. - CIVIL
.
.
v.
.
.
.
.
CIVIL ACTION - LAW
IN CUSTODY
CHERYL HOACHLANDER,
Defendant
.
.
.
.
ORDER
AND NOW, this ~(,tk day of (II'f-. c/ , 1994, upon consideration
,
of the attached complaint it is hereby directed that the pcrties
and their respective counsel appear before !; Uf\'\l.4-('/ L. fI~ "S ,
Esquire, the conciliator, at ,OS- f\ - 1.71 h St. lH\'10"f'W, PA, on
T\.\.e :)~t:i. '( the ~ day of ~1 "-I , 1994, at ~ P, P1 .
, ,.
o'clock _.m., for a pre-Hearing custody Conference. At such
conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow
the issues to be heard by the court, and to enter into a temporary
order. Either party may bring the child who is the subject of this
custody action to the conference, but the children's attendance is
not mandatory. Failure to appear at this conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
By cu4dad.A~~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
717/240-6200
~ p.1"~Q8';;'"
~ S/.l~ I'>'
HAY z,,; II 3tl AH '9~
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:
CIVIL ACTION - LAW
IN CUSTODY
v.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY"" PENNSYLVANIA
: - {}~'i~
NO. 94 r. CIVIL
.
.
SCOTT HOACHLANDER,
Plaintiff
.
.
.
.
CHERYL HOACHLANDER,
Defendant
.
.
COMPLAINT ~OR CUSTODY
AND NOW, comes the Plaintiff, Scott Hoachlander, by and
through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY and files
the following Complaint for custody.
1. The Plaintiff, Scott Hoachlander, is an adult individual
currently residing at 271 Barnstable Road, West pennsboro Township,
Cumberland County, Pennsylvania.
2. The Defendant, Cheryl Hoachlander, is an adult individual
currently residing at 114 South Arch Street, Mechanicsburg,
Cumberland County, Pennsylvania.
3. The Plaintiff and the Defendant were married in New
Bloomfield, Perry county, Pennsylvania on Hay 14, 1983 and are
currently still married.
4. Unto the marriage there was born two (2) children, Justin
Chad Hoachlander, born June 26, 1984 in Harrisburg, PA and Jordan
Brent Hoachlander, born May 15, 1987 in Harrisburg, PA.
5. The children were born in wedlock.
6. The Plaintiff is the natural father of the children,
residing at the address contained in paragraph 1 above.
The Defendant is the natural mother of the child residing
at the address contained in paragraph 2 above.
7. The children have lived with the following persons at the
following addresses in the last five (5) years:
DATES
1/88 to
2/6/94
ADDRESSES
WITH WHOK CHILDRBH RESIDED
2124 Newville Road
West Pennsboro Township
Cumberland county, PA
Plaintiff & Defendant
2/6/94 to
5/19/94
2124 Newville Road
West Pennsboro Township
Cumberland County, PA
Plaintiff
5/19/94 -
Present
271 Barnstable Road
West Pennsboro Township
CUmberland county, PA
plaintiff, Joyce Erickson
(Plaintiff's girlfriend),
Donna Erickson (girl-
friend's daughter),
Daniel Erickson (girl-
friend's son)
8. Neither party has participated in any proceedings for
custody prior to this action.
9. plaintiff knows of no other person not a party to this
action who is claiming rights or custody or partial custody of the
children.
10. plaintiff believes and therefore avers that it is in the
best interest of the children to grant primary physical custody of
the children in the Plaintiff herein, since he is able to provide
for the day to day care of the children, and believes it in his
2
best interest to have primary physical custody vested in the
Plaintiff.
To wit, the children's academic progress has been
outstanding and has been emotionally stabilized by living with the
Plaintiff. Attached hereto as Exhibits "A", "B", and "e", are
letters from Jordan Hoachlander's first grade teacher (Exhibit
"A"), Justin Hoachlander's fourth grade teacher (Exhibit "B"), and
a letter from Jeffrey F. Mock, therapist (Exhibit "C")
demonstrating the adjustment of the children living with their
father since February 6, 1994.
WHEREFORE, Plaintiff prays this Court to grant primary
physical custody of the children to the Plaintiff.
Respectfully submitted,
MANCKE, WAGNER, HERSHEY & TULLY
Date:
!/J~ (9/i 9 u
By ~ ~7ZJZ
DAVID R. BRESCHI, ESQUIRE
Attorney ID # 59001
2233 North Front Street
Harrisburg, PA 17110
717/234-7051
Attorneys for Plaintiff
3
'"
t'"\
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of IS
Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
~ ;;Jcddf--L
.
Dated:
~-~-t:j4
Big Spring
Education Association
~ IF. /qqLj
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JERRY F. MOCK, M.S.
Individual. Marriage &: Family Therapist
401 E, Louther St,. Suite 206
Carlisle. PA 17013
(717) 258-0214
TO: custody Conciliator
Cumberland County
17 May 1994
RE: Justin and Jordan Hoachlander
(Release Attached)
Dear Sir,
The parents of Justin and Jordan Hoachlander are in the
midst of a divorce. Due to this emotional crisis. Mr. Scott
Hoachlander scheduled an appointment for me to see his children.
I met with them on 7 April 1994. As of that date Justin and
Jordan were doing very well under their father's care. He was
obviously concerned about their welfare, and attentive to their
needs. The boys were appropriately dressed. Their behavior was
age appropriate. They were sad, however, they were able to
verbalize their sadness, They seemed safe and secure. Their
relationship with their dad was appropriately comfortable.
Mr. Hoachlander has scheduled another appointment with me
and, he is in contact with the children's teachers, coaches and
boy scout leaders.
Sincerely,
~1L,(,~dc,
Jerry F. Mock. M.S., NCC
A CIi"ial' M""b<, of 'he
Amtrican AlSoci~uio" for MGrrilagt IInd Family Thtrrapy
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AECT COpy OF THIE ORIGINAl.
fILED eN THIS ACTION
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SCOTT HOACHLANDER, I IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND
I COUNTY, PENNSYLVANIA
vs. I
I NO. 94-2688 CIVIL TERM
CHERYL HOACHLANDER, I
Defendant I CUSTODY
ORDER
AND NOll, this 1/1V day of rr ' 1994, upon receipt of the
conciliator's report, it appearing that the parties have agreed to the terms and
provisions of this order which was dictated in their presence and approved by them and
their counsel. we hereby order as follows:
1. The parties will share legal custody of their minor children. Justin
Hoachlander, born June 26, 1984, and Jordan Hoach1ander, born May 15. 1987.
1
I
II
1
i their father, the Plaintiff, Scott Hoachlander, and their mother, the Defendant, Cheryl i
I
,
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2.
Physical custody of the two minor children will be shared by their parents,
Hoachlander, as follows:
A.
The children will spend one week in the physical custody
of each of the parents, commencing with the mother, from Monday,
Jul~ 4, 1994, through the following Mond~y morning at 6:30 a.m., at
which time she will return the children to the father.
B.
The father shall then have the children from Monday
morning at 6:30 a.m.. until the fOllowing Monday at 3:00 p.m., when
the mother shall pick them up to start her full week with them.
Thus the mother will have the children from the time she is first
1
.
I ~
The action filed by the same parties to No. 94-2882 civil Term, which involves the
same issues between the same parties, is hereby dismissed. All further proceedings
will be heard to the above term and number.
By the Court
J.
David R. Breschi, EsqUir~ . '
Attorney for Plaintiff u.p.t.i."- )l\lt.tlt,t.
7/'~/9'1
Austin F. Grogan, Esquire At(l~
Attorney for Defendant
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SCOTT HOACHLANDER, l IN THE COURT OF COMMON
Plaintiff l PLEAS OF CUMBERLAND
l COUNTY, PENNSYLVANIA
vs. l
l NO. 94-2688 CIVIL TERM
CHERYL HOACHLANDER, l
Defendant l CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None
CONCILIATOR CONFERENCE SUMHARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl, the
I
II undersigned Custody Conciliator submits the fOllowing report:
1. The pertinent information concerning the children who are the SUbject of this
litigation is as follows:
CURRENTLY IN
CUSTODY OF
I
i
I Justin Hoachlander
Ii Jordan Hoachlander
II
NAME
BIRTHDATE
26 June 1984
15 May 1981
Plaintiff/Father
Plaintiff/Father
2.
A Conciliation Conference was held on 5 July 1994 and the following
individuals were present: the Plaintiff and his attorney, David R. Breschi, Esquire;
the Defendant and her attorney, Austin F. Grogan, Esquire.
3. Items resolved by agreement: Shared legal custody and an order for the summer
vacation only.
4. Issues yet to be resolved: A custody schedule for the upcoming school year.
5. The Plaintiff's position on custody is as follows: The father has had primary
physical custody since the parties separated in February of 1994 and claimed that he
and his girlfriend are fully competent to care for the children. He claims the
children did well in school during the past year and feels they should remain with him.
6. The Defendant's position on custody is as follows: The mother claims that she
left the home because the father forced her out and that he has imposed the present
custody arrangements on her against her will. She believes she should have primary
physical custody because she claims she was the primary care provider for the children
prior to the time of separation.
7. Need for separate counsel to represent children: the conciliator sees no need
for independent counsel for the children and neither party made such a request to the
conciliator.
8. Need for independent psychological evaluation or counseling: the conciliator
sees no specific need for independent counseling and neither party requested it.
9. Other matters and comments:
The parties were able to reach agreement for a temporary order over the summer.
The father strongly feels the children should be with him during the school year and is
not willing to alternate weeks of custody during that time. The mother believes the
children should continue to spend a week with each parent during the schoo 1 year and
strongly wants shared physical custody.
Perhaps with the summer schedule, the parties will be able to work out a 10ng-
range solution to the problem. They live close enough now that the children could
attend the same school if they share custody on a weekly basis. If they cannot resolve
it, the court will have to do that at a hearing.
In the event that a hearing cannot be scheduled prior to 29 August 1994, the
parties will have to approach the court, through counsel, for a temporary order beyond
that date. Hopefully the court can schedule a hearing prior to 29 August 1994 and a
further petition wil1 not be necessary.
7 July 1994
SCOTT HOACHLANDER. ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 94-2688 CIVIL TERM
CHERYL HOACHLANDER, )
Defendant ) CUSTODY
ORDER
AND NOW, this
day of
. 1994, upon receipt of the
conciliator's report, it appearinq that the parties have aqreed to the terms and
provisions of this order which was dictated in their presence and approved by them and
their counsel, we hereby order as follows:
1. The parties will share leqal custody of their minor children. Justin
Hoachlander, born June 26, 1984, and Jordan Hoachlander. born May 15. 1987.
2, Physical custody of the two minor children will be shared by their parents,
their father, the Plaintiff, Scott Hoachlander, and their mother, the Defendant, Cheryl
Hoachlander, as follows:
A. The children will spend one week in the physical custody
of each of the parents, commencinq with the mother, from Monday.
July 4. 1994, throuqh the fOllowinq Monday morninq at 6:30 a.m., at
which time she will return the children to the father.
B. The father shall then have the children from Monday
morninq at 6:30 a.m.. until the fOl10winq Monday at 3:00 p.m., when
the mother shal1 pick them up to start her full week with them.
Thus the mother will have the children from the time she is first
1
off work Monday until just before she goes to work the following
Monday, and the father shall have the children from the time the
mother drops them off until the fOllowing Monday morning at
approximately 6:30 a.m.
C. This arrangement for shared custody shall terminate on or
before August 29, 1994, and we make no further order for our
custody schedule thereafter. Either party is free to request the
court to extend this order or to enter an order for physical
custody after August 29, 1994, as appropriate.
3. A hearing shall be held before the undersigned in Court Room No. of the
Cumberland County Court House in Carlisle, Pennsylvania, commencing at
o'clock _.m.. on , the day of . 1994, to
consider all matters raised in this custody action. Each party shall, at least ten
(10) days prior to that hearing. through counsel, identify the witnesses they intend to
call at such hearing and provide the name, address, and daytime telephone number of
such witness, together with a brief description of the matters to which the witness
will testify.
This order is intended to be temporary only and shall expire, unless extended by
an order of court or a written agreement signed by both parties, on August 29. 1994.
We set that date because that is the date on which the children are scheduled to return
to school and this order is intended only to provide for the children's vacation from
school in the summer of 1994.
2
J.
The action filed by the same parties to No. 94-2882 Civil Term, which involves the
same issues between the same parties, is hereby dismissed. All further proceedings
will be heard to the above term and number.
By the Court,
David R. Breschi, Esquire
Attorney for Plaintiff
Austin ~. Grogan, Esquire
Attorney for Defendant
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IN THE COURT 01" COMMON PLEAS 01"
CUMBERLAND COUNTY, PENNSYLVANIA
: 94-2688 CIVIL TERM
I
SCOTT HOACHLANDER,
Plaintiff
CHERYL HOACHLANDER,
Defendant
CUSTODY
IN RE: TRANSCRIPT 01" PROCEEDINGS
Proceedings held before the Honorable GEORGB B.
H01"1"BR, J., Cumberland County Courthouse, Carlisle,
Pennsylvania, on August 22, 1994, in Courtroom
Number Three.
APPEARANCBS I
DAVID R. BRESCHI, Esquire
Counsel for Plaintiff
AUSTIN F. GROGAN, Esquire
Counsel for Defendant
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INDEX TO WITNESSES
POR THE PLAINTIPP DIRECT CROSS REDIRECT RECROSS
Scott Hoachlander 4 19 27 28
Joyce Erickson 31 41
Jerry Pields Mock 43
POR THE DEPENDANT
Cheryl Hoachlander 51 77 90
INDEX TO EXHIBITS
POR THE PLAINTIPP MARKED ADMITTED
1 - Report card for Justin 13 51
2 - Report card for Jordan 13 51
3 - Group of photographs 16 51
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1 MR. BRESCHI: Your Honor, we're going to ask
2 to have the witnesses sequestered except for Plaintiff's
3 expert, Jerry Mock, who is the marriage and family
4 therapist.
5 THE COURT: All right. You're going to have
6 to speak up a little bit, Counselor.
7 MR. BRESCHI: I consulted with Mr. Grogan
8 regarding a request for sequestration. He has no objection.
9 THE COURT: Do either of you have any
10 witnesses here outside of family members?
11 MR. GROGAN: No, Your Honor.
12 MR. BRESCHI: I have Jerry Mock, Your Honor,
13 who is a marriage and family therapist who is going to be
14 testifying on our behalf.
15 THE COURT: The only one?
16 MR. BRESCHI: Yes, sir.
17 THE COURT: Do you want to take him and let
18 him get on the road? Yes or no?
19 MR. BRESCHI: Well, we would like to have
20 some testimony first.
21 THE COURT: Is that a no?
22 MR. BRESCHI: That's a no, Your Honor.
23 THE COURT: Okay. Go ahead. Who started
24 this action? Let's have a witness.
25 MR. GROGAN: I would like to have the
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1 children removed from the courtroom, Your Honor, and the
2 other witnesses.
3 (Whereupon, all potential witnesses exited
4 the courtroom.)
5 MR. BRESCHI: We'll call Scott Hoachlander,
6 the Plaintiff, Your Honor, to the witness stand.
7 Whereupon,
8 SCOTT HOACHLANDER
9 having been duly sworn, testified as followsl
10 DIRECT EXAMINATION
11 BY MR. BRESCHII
12 Q Could you give your full name and address for
13 the record, please.
14 A Scott Allen Hoachlander, currently residing
15 at 271 Barrstable Road, Carlisle, Pennsylvania.
16 Q How long have you been living at Barnstable
17 Road?
18 A Three months.
19 Q With whom do you live with there?
20 A My girlfriend, Joyce Erickson; her two
21 children and my two children.
22 Q Where did you live before you lived at
23 Barnstable Road?
24 A 2124 Newville Road, Carlisle, Pennsylvania.
25 Q How long did you live there?
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1 A Six years and five months.
2 Q When did you live there with your wife and
3 your two children?
4 A Up until Pebruary of 1994.
5 Q Okay. Then
6 A Then it was just myself and the two children.
7 Q And your two children are?
8 A Justin Hoachlander and Jordan Hoachlander.
9 Q What kind of education do you have, Mr.
10 Hoachlander?
11 A I graduated from high school in 1978 and
12 miscellaneous technical training in the automotive field.
13 Q What is your current occupation?
14 A I'm a warranty claims adjuster for mechanical
15 and body repair.
16 Q How long have you been in that occupation?
17 A I have been doing the warranty claims
18 adjustments since Pebruary of '93. Prior to that, I was a
19 mechanic for fifteen years, gaining experience to do this
20 job.
21 THE COURT: Who do you work for?
22 A Currently, I'm self-employed.
23 THE COURT: Well, how do you get your jobs?
24 A I get them through a company in California
25 called precision Diagnostics and a company in Baltimore --
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Bowie, Maryland -- called Car Appraisals. The companies
call in to these two outfits, and then they, in turn, call
me with assignments.
BY MR. BRESCE:I:
Q Where do your assignments take you?
A :It's pretty local now. Within -- usually
within 100 to 120 miles is as far as :I go.
Q What is your current salary, approximately?
A Approximately 30,000 a year.
Q You're still currently married, correct?
A Correct.
Q Who is your wife?
A Cheryl Eoach1ander.
Q When did you meet Cheryl?
A :In October of 1975.
Q When did you get married?
A :In May of 1983.
Q Did you date from '75 to '83?
A There was two occasions where we had split up
for several months on each occasion.
Q Were the children born of this marriage?
A Yes, we were married.
Q When was the first child born?
A June 26th, 1984.
Q What is his name?
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A Justin Chad Hoachlander.
Q Was there another child born of this
marriage?
A On May the 15th, 1987, Jordan Brent
Hoachlander.
Q How old are the boys now?
A Seven and ten.
Q When did you become separated from your wife?
A February the 6th, 1994.
Q Okay. Real briefly, what precipitated the
separation in February of '94?
A She was having an affair with another man.
She went away for the weekend with him. And when she came
home, we separated.
Q Okay.
going well?
A
Up to that point, was the relationship
Q
It was kind of shaky, on and off.
Okay. From 1987 to February of '94, were you
working full time?
A Yes.
Q Was Cheryl working?
A She baby-sat other kids in the home up until
November of '93.
Q Okay. What happened in November of '93?
A She got a job at the Cumberland County
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Q When she left in Pebruary of '94, did you ask
her or did she admit to having this affair with this
gentleman?
A Yes.
Q Did she say how long it was going on?
A Roughly around since May of '93.
Q Ms. Hoachlander has indicated that you
evicted her from the house. Is that correct?
A No.
Q Had she been saying anything to you prior to
Pebruary of 1994 about leaving the household?
A Yes.
Q What had she be saying?
A She had said she wanted to leave.
Q Did she say why?
A She wanted to be on her own for a while.
Q When did she begin saying that?
A Probably about a year prior.
Q Then what, specifically, happened -- strike
that.
When she said that, did anyone suggest
counseling, to go to counseling?
A I had requested counseling a couple times.
Q Did you go to marriage counseling?
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A J: did.
Q With Cheryl?
A Yes.
Q How did that work out?
THE COURT: J:s this a divorce proceeding or
custody?
MR. BREaCHJ:: J:t's custody, Your Honor.
THE COURT: Unless there's an effect on the
children, J:'m not interested in it, Counselor.
MR. BREaCHJ:: Yes, sir.
BY MR. BREaCHJ::
Q Just one question in reference to counseling
that's relevant. Were there depression tests taken while
you were in counseling?
A Yes.
Q Do you recall what the results of Cheryl's
depression --
MR. GROGAN: J: object to that, Your Honor.
J:t would be hearsay for him to repeat any test results, and
J: believe --
THE COURT: Sustained.
BY MR. BREaCHJ: :
Q Did you, specifically in February of '94,
when she left how did she leave? Can you explain the
circumstances?
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A She came home sometime after lunch, came into
the house. I questioned her about what -- where she was,
and she denied it. After she finally admitted it, X stated
to her that you have been asking to leave for the last yearl
I believe it's time you do it.
Q What did she do?
A She began packing up her clothes and putting
them in her car.
Q So, you didn't grab her clothes or pack them
or anything?
A No.
Q She voluntarily left?
A Yes.
Q What grades were the kids in when she left in
February of . 94?
A Justin was in fourth and Jordan was in first.
Q After she left, who was responsible for
getting the children up and getting breakfast and getting
them to school?
A I was.
Q How did they get home from school?
A I had picked them up at a sitter. X was
usually there when the bus got home to pick them up.
Q Who cooked supper for the children?
A I did.
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Q Who cleaned up after --
A I did.
Q Who gave the children baths?
A I did, or they gave them to themselves.
Q Who put them to bed?
A I did.
Q Who did the laundry?
A I did.
Q Who did the cleaning?
A I did.
Q Were the boys involved in extracurricular
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13 A They were involved in Cub Scouts up until
14 April, and then baseball started in March.
15 Q What was the custody situation from February
16 of '94 to the end of school year of '94?
17 A They stayed with me in the house. After -- I
18 believe it was March 12th was the first time she took the
19 children away from the house. After that, she got them --
20 Q Let me hold you up there. She didn't get a
21 visitation from February 6th till March 4th?
22 A She would come to the house to see them.
23 Q How did the visitation -- when she started on
24 visitations, the children leaving the house, how did that
25 work out?
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A Xt went fine. She got them every other
weekend and one day a week. She's off work one weekday.
She would pick them up the day before her day off, keep them
overnight and bring them to school the next morning. So,
she had them overnight one day a week and then every other
weekend from Priday till Sunday.
o And that worked out well?
A Yeah.
o How did the children do with that custody
situation?
A They did real well.
o How did they specifically do in school?
MR. GROGAN I I'm going to object to any
school results or tests unless they're going to be
THE COURT I Do you have some report cards?
MR. BRESCHXI Yes, sir.
THE COURT I All right. Show me the report
cards, please.
(Whereupon, document. were handed to the
Court. )
BY THE COURT I
o What grade was Justin in last year?
A Pourth.
o Jordan?
A Pir.t.
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Q What school building?
A Plainfield Elementary.
Q What is the school building this year?
A Xt will be Plainfield Elementary again.
Q Both kids are in second and fifth grade?
A Correct.
THE COURT: Okay.
(Whereupon, Plaintiff's Exhibit Nos. 1 and 2
were marked for identification.)
BY MR. BRESCHX:
Q Mr. Hoachlander, X'm handing you what's been
labeled Plaintiff's Exhibit 1. Could you identify that,
please?
A That's Justin Hoachlander's final report card
for the '93/'94 school year.
Q And X'm handing you what's been labeled
Plaintiff's Exhibit No.2. Could you identify that
document, please?
A That is Jordan Hoachlander's first grade
report card from the '93/'94 school year.
Q You mentioned extracurriculars that the
children are involved with and were involved with in the
spring. Were they involved in Boy Scouts?
A Yes.
Q Did you participate in any way with the Boy
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in .port.?
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1 participate in any?
2 A They played baseball in the spring.
3 Q Did you participate in that?
4 A Yes.
5 Q What were you?
6 A I was the assistant coach on Justin's team,
7 and I was the head coach on Jordan's team.
8 Q How about soccer, did the children -- were
9 they going to play soccer this fall?
10 A Yes.
11 Q What was your position last fall?
12 A Last year, I helped out with both teams as
13 much as I could.
14 Q How about the library nights?
15 A Story-time was every Monday night.
16 Q What would you do with the kids? This is
17 from Pebruary on.
18 A I would take Jordan every Monday night;
19 Justin if he wanted to. Then, also, they had, once a month,
20 for second through fifth graders, which I took Justin to
21 that. They'd take them up. Por Jordan, they would read
22 them stories and make crafts. Por Justin, they would make
23 crafts and read books.
24 Q Prior to the Pebruary separation, who would
25 do that? Who would do the library nights?
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A We both did it. There were days she would
take them, and there were days that I would take them.
Q How about parent-teacher conferences, did you
ever go up to the school for those?
A Yes. I went to all of them.
Q Did Cheryl go to those?
A Yes.
Q Can you, again, answer a little bit about
your current living situation?
A Currently, we live at 271 Barnstable Road in
Carlisle.
Q
How many bedrooms does that house have
currently?
A
Q
A
Currently? Counting the additions?
Okay. Is there an addition on there?
We're currently building an addition onto the
house.
(Whereupon, Plaintiff's Exhibit No. 3 was
marked for identification.)
BY MR. BRESCHI:
Q Mr. Hoachlander, I'm handing you a group of
photos that we've labeled Plaintiff's Exhibit 3. Can you
identify what those pictures are of?
A This is the front of the house where we
currently live. This one is the side of the house showing
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the new addition that we've added, the swimming pool, swing
set, sandbox. This one is of the side yard where they play
their soccer, baseball, football. This is the opposite
side-view of the house showing the addition.
Q Generally, can you give us -- what's the
addition going to be?
A The addition on the bottom floor is -- the
outside dimensions are twenty-by-twenty-one. The bottom
would be a playroom for the children and a bathroom, laundry
room. So, they have a downstairs bathroom. The upstairs is
going to be a bedroom, an office and another bathroom.
Q Okay. So, when do you expect it to be
complete?
A Within the next thirty days.
Q Upon completion, how is the bedroom situation
going to be at the house in terms of the kids and yourself?
A There will be four bedrooms. Joyce X would
have one bedroom; Justin and Jordan would have the biggest
of the remaining bedrooms; and Donna, Joyce's daughter, has
her own room; and Danny, her youngest son, has his own room
from before.
Q
A
Q
the addition?
Then there'll be a playroom in the addition?
Right.
Do you have any idea of the square footage of
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The addition is 840 square feet total.
Q
What is the total square footage of the
3 house?
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Just under 2,800 square feet.
The custody arrangements that you're asking
Q
6 the Court to rule on today is very similar to -- or, in
7 fact, the seme as you had last spring, is that right?
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Correct.
Q
Can you explain to the judge how the typical
10 day would start and go through in terms of the kids getting
11 up to go to school and various things?
12
THE COURT: Do I have to hear that?
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MR. BRESCHI: Well, Your Honor, we just want
14 to let you know where the kids would pick the bus up, who's
15 going to --
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THE COURT: Counselor, please. I don't have
17 to follow the kids every step of the way, all through the
18 day. What's your plan here for custody, sir?
19
A
I would like to have the primary residential
20 custody at my residence, with her getting them every other
21 weekend, Friday through Sunday, and one day during the week.
22 Where she has the day off during the week, she picks them up
23 after school, has them through that evening, that night, and
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then returns them to school the following day, which would
give her an evening and a morning through the week.
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1 BY MR. BRBSCHII
2 Q Mr. Hoachlander, Joyce Erickson, the person
3 with whom you live with, is she working full time?
4 A No.
5 Q Would she be home during the day?
6 A Yes.
7 Q So, in the event that someone gets sick or
8 there's an emergency, she'll be there?
9 A Yes, she'll be home.
10 Q Where would the kids pick up the bus?
11 A Right in front of the house.
12 MR. BRESCHI: That's all I have right now,
13 Your Honor.
14 CROSS-EXAMINATION
15 BY MR. GROGAN:
16 Q Mr. Hoach1ander, I just have some follow-up
17 questions about these activities that you indicated the
18 children were in. We'll start with the story-time activity.
19 Isn't it true that it was your wife and Joyce who got this
20 story-time activity restarted; that one time it had been
21 canceled, and, through Joyce's efforts, it was restarted for
22 the children?
23 A Joyce started the procedure, and she had
24 several of her friends trying to help get the library
25 started. Cheryl did help.
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Q Cheryl was involved in restarting that, isn't
that correct?
A Yes.
Q Now, the soccer, isn't it true that Cheryl
was actually the soccer coach last year?
A Yes, she was Jordan's coach.
Q And in the Boy Scouts or the Cub Scouts, the
scouting activity, she was also assisting you in this cub
pack while she was living at home?
A She tried it one time for a year and said
that was enough, she couldn't do it anymore.
Q Okay. She was involved one year; and then in
'93, she, I guess, stopped, is that correct?
A Correct.
Q That's when she started working outside the
home again, in the fall of '93, right?
A Yeah. There would have been about six months
in between there. Scouts end in April.
Q Then she started back to work in the fall of
'93?
A In November.
Q Excuse me?
A November.
Q November. Now, when you first married your
wife, she was working outside of the home, isn't that
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correct?
A Correct.
Q That was at the Mechanicsburg Rehab, where
she was a nursing assistant of some sort?
A Correct.
Q Then you had the children, and she stayed
home to care for the children, isn't that correct?
A Correc t.
Q You were, I guess, working full time for
Sears at one point and working part time as a mechanic at
night?
A Not when I worked at Sears, no.
Q But there was a time when you were working
full time during the day and then at night, isn't that
correct?
A There was a time when I worked full time
during the day, and, occasionally, I would do some moonlight
work at a local garage.
Q When she was home, she was taking care of the
kids, isn't that correct? She was getting them up in the
morning, is that correct?
A Correct.
Q She was feeding them during the day, isn't
that correct?
A When I was not home, yes. While she was
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there, yes.
Q She was doing the laundry in the house, isn't
that correct?
A We both did laundry.
Q She was doing the laundry for the children
during the day, isn't that correct?
A Well, like I said, we both did laundry.
THE COURT: Did she do any?
A Yes, she did some.
THE COURT: Okay. Answer him. You told me
how you're doing laundry now.
BY MR. GROGAN:
Q Then she gave the children baths at night,
isn't that correct?
A She did.
Q While you were at work moonlighting, she was
taking care of the kids at night, isn't that correct?
A Correct.
Q Eventually, she asked you to stop working at
night because you were not spending enough time with the
kids. Isn't that one of the reasons why you stopped?
A No.
Q Now, when she started working in the fall or
November of '93, she was working the same shift she's
working now, 7:00 in the morning till 3:00 in the afternoon
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or 3130, isn't that correct?
A Correct.
Q And you were also working outside of the
house at that point?
A Correct.
Q Isn't it true that in the fall of '93, you
had to get the kids up in the morning and take them to Mrs.
Lehman's house so they can get the bus to go to school?
A Correct.
Q Your answer is correct?
A I did that, yes.
Q And she did, too? I guess she was going to
work?
A She would leave for work. I could stay a
little longer and let the kids sleep a little longer, so I
was getting them up and taking them up.
Q And then you were taking them to Mrs.
Lehman's house to catch the bus?
A Right.
Q And then you were going to work?
A Right. When I had -- that wasn't every day.
Q But at least in the fall, they were getting
up in the morning to go to Mrs. Lehman's house to pick up
the bus?
A Correct.
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that true?
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that right?
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1 THE COURT: I don't know why you're asking
2 him these questions, Counselor. I mean, I can read the
3 report card, and you can make any argument you want off of
4 it.
5 MR. GROGAN: Okay.
6 BY MR. GROGAN:
7 Q Now, during th$ summer, the one week with you
8 and the one week with their mother, isn't it true that Mrs.
9 Hoachlander has asked you to send some of the toys over to
10 her house?
11 A Yes, she has.
12 Q Specifically, I guess, you bought Justin a
13 bike, isn't that true?
14 A Correct.
15 Q And his old bike went to Jordan, correct?
16 A Correct.
17 Q Mrs. Hoachlander or, I think, Jordan may have
18 asked you to let him take the bike to her apartment, isn't
19 that correct?
20 A Cheryl had asked me.
21 Q You initially said, yes, you would allow that
22 to happen, isn't that correct?
23 A I don't recall that.
24 Q You eventually told her she could not take
25 the bike over to her house, isn't that correct?
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A That's correct.
a Also, she asked you to let her have the boys'
sleeping bags or a lounge chair for some camping trip, isn't
that correct?
A That's correct.
a Initially, you said, yes, that she could have
them?
A No, I did not.
a Then eventually you would not allow her to
have the sleeping bags and lounge chairs, isn't that
correct?
A No, I would not.
a You would not allow her to have them?
A No.
a As far as you know, the boys are happy with
the current arrangement, isn't that correct, one week with
you, one week with their mother?
A I really haven't bugged them. I don't like
to sit and pester the kids about their mother. I try not to
bring that subject up.
a You specifically asked them that question,
isn't that true?
A Pardon?
a You asked them what they wanted, isn't that
correct?
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A I did ask them how they would like to spend
their school year.
Q And they told you they would like to spond
one week with mom, one week with you?
A Justin will change from week to week1 and
Jordan's answer is, usually, I don't know. He seems real
backward right now about saying anything about either myself
or Cheryl.
MR. GROGAN: I have no other questions, Your
Honor.
MR. BRESCHI: Just a couple of follow-up
questions, Your Honor.
REDIRECT EXAMINATION
BY MR. BRESCHI:
Q Just to follow up on the questioning about
the request for you to bring over toys and material. What
was the reason why you didn't give the clothes and various
toys?
A Nothing ever -- everything that I have sent
over has never been returned.
Q Okay. That's why you are not giving these
materials to Mrs. Hoachlander?
A Correct.
Q Are you aware of what Mrs. Hoachlander is
asking for today in terms of custody arrangements?
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A From the order? From her filing of the order
Q No. What you know of right now.
A Right now, from what I was told today, she
would like to continue the every other week.
Q Do you have any problem with that being the
arrangement during the summer?
A Not during the summer, no.
Q Your only concern and what you're asking the
Court to do is for, specifically, the school year?
A Correct.
Q Your reason for that is what?
A I think that they need a stable home
environment for the school year to maintain their academics.
I don't believe that the jumping back ~d forth and back and
forth is good for them for concentration for school, two
sets of rules.
Q What about -- strike that.
MR. BRESCHI: That's all I have, Your Honor.
RECROSS-EXAMINATION
BY MR. GROGAN:
Q Well, you just moved into your current
residence three months ago, right? I thought that was your
testimony.
A Yes.
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Q And you vacated the marital home, isn't that
correct?
A Yes.
Q That marital home is vacant now?
A Yes.
Q You don't own the house you're living in, is
that my understanding?
A Not right at this moment.
MR. GROGAN: No other questions.
BY THE COURT:
Q Do you and your wife own that vacant home?
A It is under both names. I'm still currently
making payments on it.
Q But you have a deed to it?
A Yes.
Q And a mortgage?
A Yes.
Q Are you selling it?
A I've discussed that with her several times,
and she will not give me the okay to do that.
Q Is that your plan, to sell it or to get rid
of it somehow or another?
A Yes. I would like it to be sold. She told
me she would like it to be sold, but she won't agree to do
it.
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1 Q What are your work hours?
2 A They vary from day to day. :I could be out
3 for two or three hours or eight hours. :It depends on how
4 many assignments that they give me.
5 Q You work on cars?
6 A Yes.
7 Q What kinds of hours are you working in a
8 week?
9 A Again, it varies. There's weeks where :I
10 might work twenty hours, and there's some weeks :I work
11 forty, fifty hours. A normal day for me is leaving around
12 eight in the morning and getting home usually at three, four
13 at the latest. There's very rare occurrences that :I'm not
14 home to get the children off the bus.
15 Q What does your girlfriend do?
16 A Currently, she's a housewife, end she is
17 going to
18 Q What do you mean a housewife?
19 A She has no employment at this
20 Q Is she married?
21 A Divorced.
22 Q She hasn't worked outside the house in a
23 while, is that it?
24 A Six years, :I believe. She is going to take
25 on child care.
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THE COURT: Okay. You may step down.
MR. BREaCHI: Our next witness, Your Honor,
is actually his girlfriend, Joyce Erickson, so that is who
we call to the stand.
THE COURT: I don't know why you insisted
that everybody had to leave the courtroom. I don't
understand why that was so important.
Whereupon,
JOYCE IRENE ERICKSON
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. BRESCHI:
Q Joyce, could you give your full name and
address for the record, please.
A Joyce Irene Baum, 271 Barnstable Road,
Carlisle, Pennsylvania.
THE COURT: Baum, B-a-u-m?
A I'm sorry, Erickson. Baum is my maiden name.
Erickson, E-r-i-c-k-s-o-n.
BY MR. BRESCHI:
Q Where do you currently live, Ms. Erickson?
A 271 Barnstable Road, Carlisle.
Q How long have you been living there?
A Eleven years.
Q Do you currently work?
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2 Q Do you have any children?
3 A Yes. I have two.
4 Q What are their ages?
S A Six and seven.
6 Q What are their names?
7 A Donna is seven, and Daniel is six.
8 Q Are they currently in school?
9 A Daniel will be starting kindergarten, and
10 Donna will be going into second grade.
11 Q Where will they be going?
12 A Plainfield Elementary.
13 Q Do you know Scott Eoachlander?
14 A Yes.
lS Q How long have you known Scott?
16 A Between two and three years.
17 Q How long have you been living with Mr.
18 Eoachlander?
19 A Since May.
20 Q What is your educational background? Do you
21 have a high school degree?
22 A Yes. I finished high school, and I also went
23 to vocational-technical school, Cumberland-Perry.
24 Q What was your occupation before you started
2S just working at home?
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A My last occupation, I worked at the telephone
company in the business office. I was a service
representative.
Q You are currently divorced?
A It should be final any day.
Q How long have you been separated?
A Since May.
Q Of '93?
A Yeah '94.
Q What are your plans with Mr. Hoachlander
right now?
A What are our plans?
Q Future plans.
A Well, we plan to become a family once
everything is settled and once everything is worked out.
Q That includes marriage plans to Mr.
Hoachlander?
A Yes.
Q The boys have been living in your house since
May?
A Yes.
Q Do you know Cheryl Hoachlander?
A Yes.
Q How long have you known Cheryl?
A About three or four years.
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Q Did you have occasion to file criminal
charges against Ms. Hoach1ander this past spring?
A Yes.
Q Did they arise out of three separate
incidents that occurred in the spring?
A Yes, that's correct.
Q Okay. I'm going to ask you to briefly
discuss these incidents, and I'll start with the first one
on March 13th, 1994. Do you recall what happened on that
day that caused you to file criminal charges against Ms.
Hoachlander?
A Okay. We went -- Scott and the two boys,
Justin and Jordan, and my two children went to the Boiling
Springs lake to feed the ducks. After we were finished, we
came back to my residence. And he was leaving us off,
because at that time he still lived at his Newville Road
address. As we were coming home, Scott looked in the
rearview mirror, and Cheryl was following us in the car on
the intersection of 81 and Route 34. Then whenever we
turned into the driveway, she pulled in the driveway behind
us.
Q Whose driveway?
A Mine.
a What happened then?
A I was getting out of the truck door to get my
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kids out of the vehicle and to bring them into the house,
and I opened the truck door. Cheryl came out of the car,
around to the truck door, and started yelling and screaming
profanities and saying, I'm going to get you, I'm going to
punch you in the face, and followed us from the truck, into
the like sidewalk, into the porch, and kept continuing to
swear obscenities in front of the four children.
I got my children into the house. She left
the porch, went back to her car to get into the car to
leave. Scott went to leave, because she had told him, I
will see you over at the house to discuss this matter
further. Then she got out of the car again and came back on
the porch, up to the door again, and started swearing again
at me and saying, I'm going to put you six feet under if
it's the last thing I do. And then she left.
Q When she was screaming profanities at you at
the truck, were her children present?
A Yes. Her two children were in the back.
Like they have a cab, and they were in the back there. My
two children were in the front seat, and I was getting them
out. So, it was in front of all four children.
Q You filed harassment charges as a result of
this encounter?
A Yes.
Q Did an incident occur on April 8th, 1994?
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1 A Yes.
2 Q Could you briefly explain what happened that
3 caused you to file criminal charges against Mrs.
4 Hoachlander?
S A Again, Scott and I had made plans with all of
6 the children to get together for dinner that evening. All
7 of the -- first of all, I was preparing dinner. He was
8 outside with my two children and his two children, and the
9 telephone rang. At first, I wasn't sure what to do, if I
10 should answer the phone or not. But I was expecting a phone
11 call, as well, so I answered the telephone. It was Cheryl,
12 and she asked to speak with Scott. So, I ran out back --
13 he was on the four-wheeler -- and got him to come in to
14 speak with her. And then --
lS Q Did she then come to the household?
16 A Later, yes.
17 Q What happened when she got to the house?
18 A I was standing in the back yard with my two
19 children, her two children and the neighbor's four children,
20 and we were at the rabbit cage behind the house. I had my
21 back towards the house, looking at the rabbit cage. She
22 came from the front of the house, in through, out the back
23 door, and was like running -- and almost like charging at
24 me. I didn't realize what was going on, because I had my
25 back toward her. I turned around, and Scott was -- had
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grabbed ahold of her, because she was coming right after me.
So, then he turned her around.
Q Was she screaming anything at you?
A She was screaming, yelling and swearing that
I had no F-ing business to be there; that this was her
property, and I had no business to be there. She wanted me
off of the property again, using profanities -- and that
I should leave, that I didn't have any business being there.
Q Did she grab you or anything?
A She grabbed ahold of my arm. When I turned
around, she grabbed ahold of my arm, and she was going like
this, pointing at me and swearing at me. All of the kids
were standing there watching what was going on.
Q Her children were there when this happened?
A Yes.
Q What happened after that?
A Well, I got my two children. I had my car
keys in my pocket. I walked around to the front of the
house and got my two children in the car and locked the door
and sat there, because I wanted my purse so I'd have my
driver's license to leave. Then I waited, and her one
friend, Martina, came out. I asked if she could please get
my purse, because I didn't want to leave without my driver's
license.
Q What happened after that?
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1 A Cheryl brought the purse out and started to
2 empty it into the front yard.
3 Q And her kids were around?
4 A Her two children were in the house. My two
S children were locked in the car with me. Then after that,
6 she came out the front of the house. I had made some
7 dessert brownies for dessert for us, and she came out and
8 smeared them allover the car windows, which my kids were
9 sitting right there, and allover the car, and kept
10 screaming and yelling.
11 Q What were the children doing when she was
12 smearing the brownies on the car window?
13 A My children?
14 Q Right.
lS A My two children were safety belted in the
16 back seat, and they were watching what was going on. They
17 wanted to leave. They just kept saying, let's leave. I
18 said, as soon as I get my purse with my license, we'll
19 leave. My son was very upset and just -- you could see it
20 in his face. He was crying, and he just wanted to get out
21 of there. He was scared, because he didn't know what was
22 going to happen.
23 Q Did Mrs. Hoachlander's children see her smear
24 the brownies allover your car?
2S A I don't know if her children saw that or not.
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1 They were inside the house.
2 Q You filed harassment charges against her as a
3 result of that incident?
4 A Yes.
5 Q Then on May 3rd, 1994, something occurred
6 again between you and Mrs. Hoachlander that caused you to
7 file harassment charges against her?
8 A Yes.
9 Q What happened then?
10 A Scott had given me a phone call. I think it
11 was about between -- I'm not sure of the exact time, if it
12 was either 8:30 or 9:30 that evening and asked me to come
13 over to watch the children; that Cheryl had gotten hurt, and
14 please come over to watch the children. So, I called my
15 father and asked him to watch my two children. And I went
16 over to the house, because he wanted to take her into the
17 hospital and have her examined, so he asked me to come over
18 to watch the children.
19 So, I got in the car and came over. I got
20 out of the vehicle. When I walked over to their house, he
21 was trying to put Cheryl into the truck to take her into the
22 hospital. He had ahold of her like from the back, with his
23 arms through here, trying to put her in, because her knee
24 was hurt or her foot. And I was he asked me to help put
25 her into the vehicle to take her to the hospital.
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So, I grabbed aho1d of her heel and tried to
help put her into the vehicle, and she was swearing and
yelling and kicking and screaming. I just tried to do it
gently so that I wouldn't hurt her, but she was really upset
and kept screaming and yelling. Then she turned around and
punched me in the face and broke my glasses. And I told
Scott, just let her go. I mean, you can't help her. Just
let her go. So, then she ended up getting out of the
vehicle and going to her car and trying to drive herself to
the hospital.
Q So, as a result of that incident, you filed
harassment charges against her?
A Yes.
Q How were these charges ever resolved?
A She was found guilty on all counts.
Q This fall, will you be working outside of the
home?
A As of right now, no. I am looking for some
type of work within the school. If something happens there,
I will still be available for my children, as well as
Scott's, to put them on and off the bus and to be home the
days that there is no school. But at this time, I have no
employment.
MR. BRESCHI: That's all I have right now.
BY THE COURT:
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Q These three scenes that you had, ma'am, all
happened at the jointly owned home of Scott and Cheryl?
No, sir, they did not.
Pardon?
No, they did not. The first one happened at
A
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my house.
Q
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Q
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yes, did occur
house.
Oh, your house?
Yes, sir.
I wasn't clear about that.
The second one happened -- the other two,
at his house; but the first one was at my
THE COURT: Oh, okay. Questions, Counselor?
MR. GROGAN: Thank you.
CROSS-EXAMINATION
BY MR. GROGAN:
Q I just want to make sure that the one in May,
when she was injured, Scott actually had called you and
asked you to come over to the house, isn't that correct?
A That's correct.
Q And that when you were trying to force her
into the truck, she told you to let her alone, that she
wanted to -- that she was not getting into the truck, isn't
that correct?
A I didn't force her. I just picked up her --
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Q She told you she didn't want to get in the
truck?
A Well, she said that after she hit me, and I
just backed away.
Q You grabbed her ankle that was injured, isn't
that --
A I lifted her ankle. I had ahold of the back
of her heel and was putting it into the truck.
Q And you started -- I think you said you
started seeing Scott in March of '94?
A At that particular time, we did things with
the children as friends.
Q That, of course, has blossomed into a
relationship?
A Yes, but at that time we were friends.
Q Now, when Cheryl and Scott were living at
home, isn't it true that you kept on calling and coming over
to the house?
A I spoke with both parties.
Q And Cheryl asked you to stop it, that they
were trying to work things out, isn't that correct?
A Yes, and we did. I quit talking to them
unless Scott would call me.
MR. GROGAN: I have no other questions, Your
Honor.
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THE COURT: You may step down.
MR. BRESCHI: At this time, Your Honor, I
would call Jerry Mock to the witness stand.
MR. GROGAN: I would ask for an offer of
proof with Mrs. Mock.
THE COURT: Go ahead. Give us an offer.
MR. BRESCHI: Okay. Mrs. Mock is going to
testify that she has worked with Scott and worked with both
of the boys in family therapy and counseling; that she is an
expert family therapist and counselor; and that she has an
opinion as to what is in the best interest of the children
in reference to the school year and whether or not a
week-to-week situation would be better or whether or not the
visitation schedule offered by Mr. Hoachlander is in the
best interests of the children, based upon her experience in
family and children therapy and also her experiences with
meeting with and counseling both Justin and Jordan and
Scott. That's what she would testify to.
MR. GROGAN: All right.
Whereupon,
JERRY F. MOCK, M.S.
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. BRESCHI:
Q Ma'am, could you state your full name and
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professional address for the record, please.
A Jerry Fields Mock, 401 East Louther Street,
carlisle.
Q
A
therapist.
Ma'am, what is your occupation?
I am an individual marriage and family
Q What education do you have to qualify you in
that occupation?
A I have a Master's Degree in counseling and
education, a Master's Degree in theology. I'm working on my
dissertation as a doctoral student at Loyola College in
pastoral counseling.
Q You have a B.A. Degree?
A Yes.
Q Where did you get that from, ma'am?
A Monmouth College, Monmouth, Illinois.
Q Where did you get your Master's?
A University of Southern California.
Q What year did you get that?
A Nineteen eighty-two.
Q When did you get your Master's in theology?
A Nineteen ninety-four.
Q Where did you get that?
A St. Mary's Seminary, Baltimore.
Q In reference to your doctoral program, at
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1 what stage are you with that program?
2 A I have finished all my course work and passed
3 my comps, and I'm working on my dissertation. I'm also a
4 clinical member and approved supervisor for the American
5 Association for Marriage and Family Therapy.
6 Q Do you have any certification or professional
7 certification?
8 A Well, that one is --
9 BY THE COURT:
10 Q A license?
11 A I am not a licensed psychologist, no, not in
12 the State of Pennsylvania.
13 Q Are you licensed by someone to do something?
14 A Yes. I'm licensed by the American
15 Association for Marriage and Family Therapy. I am not
16 licensed by the State of Pennsylvania, no.
17 Q Does Pennsylvania require a license to do
18 what you do or not?
19 A For third-party payments, they require a
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license. But I don' t --
Q For what?
A Third-party payments. No. No, Your Honor.
Q Third-party payments under medical plans or
what?
A Right, right. In order for me to get
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1 third-party payments, I would have to be licensed as a
2 psychologist in the State of Pennsylvania. I'm two courses
3 short for going for licensure for that, but I can practice
4 as a marriage and family therapist in the state of
5 Pennsylvania.
6 Q Does that require any special business to
7 if I wanted to be a therapist, could I open office this
8 afternoon?
9 A Probably.
10 THE COURT: Okay. Thank you, ma'am.
11 BY MR. BRESCHI:
12 Q How long have you been practicing as a
13 marriage and family therapist?
14 A Professionally, for pay, I've been practicing
15 since 1986, when we arrived in Pennsylvania. However, my
16 husband is career military, and I practiced as a volunteer
17 since 1980.
18 MR. BRESCHI: At this time, Your Honor, we
19 ask the Court to recognize Mrs. Mock as an expert family and
20 child therapist based on her education and her experience.
21 THE COURT: I didn't hear anything about
22 therapists for children. She's a marriage counselor, she
23 tells me.
24 A I am a marriage and family therapist, Your
25 Honor. I work with families.
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1 MR. BRESCHI: Okay. How long did you --
2 THE COURT: Let's get to the bottom of this.
3 BY THE COURT:
4 Q Is there some evidence that the children need
5 therapy or counseling or something or other?
6 A I have seen the children five times and --
7 Q Is there some evidence that the children have
8 some problems?
9 A There's evidence that -- I would like to see
10 the children once school starts to work more specifically,
11 because right now they're very confused, and, also, they're
12 denying that there's really anything going on. They're just
13 going back and forth visiting and having a good time. But
14 as of right now, I don't see where they have any deep
15 psychological problems, no, Your Honor.
16 THE COURT: Okay. Well, I don't know what
17 the point of this is, Counselor.
18 MR. BRESCHI: Your Honor, the question we get
19 into is about the current custody arrangement as it is.
20 THE COURT: Well, what about it?
21 MR. BRESCHI: The fact that it's week to week
22 versus the custody arrangements we're asking this Court to
23 arrange for the school year.
24 THE COURT: But what about it?
25 MR. BRESCHI: Mrs. Mock has an opinion as to
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what's --
THE COURT: Well, we all have opinions about
that. What makes her special?
MR. BRESCHII Because of her educational
background, Your Honor, and her experience as a family and
child therapist.
BY THE COURT:
Q Why do these kids need therapy? I'm not
convinced that I've been told.
A Right.
Q They don't need any?
A It depends on what you're talking about, Your
Hono'r:.
Q Well, I'm talking about somebody with an
emotional problem of some kind that needs, perhaps, a
psychologist or a psychiatrist. I'm not talking about two
kids whose parents are separated and they're kind of at a
loss for the moment.
A Right, right. I see it that way.
MR. BRESCHI: Your Honor, I'm not saying that
the children need therapy. All I'm saying is
THE COURT: Okay. Well, then, I don't want
to hear any more about that.
MR. BRESCHI: Okay.
BY MR. BRESCHI:
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1 Q Mrs. Mock, you've listened to the testimony
2 as to what Mrs. Hoachlander wants as a custody arrangement
3 for the coming school year.
4 MR. GROGAN: I'm going to object to any
5 opinions offered by Mrs. Mock at this time, Your Honor.
6 THE COURT: Her opinion goes to the ultimate
7 issue, Counselor, of what's in the best interest.
8 Typically, judges have been deciding that, unhappily many
9 times; but that's what we're stuck with. What's your next
10 question? The objection is sustained.
11 MR. BRESCHI: Your Honor, I understand it
12 goes to the ultimate opinion, but
13 THE COURT: I have ruled. What's your next
14 question?
15 BY MR. BRESCHI:
16 Q Have you met with the children after their
17 mother has left them in their house?
18 A Yes.
19 Q Have you met with Joyce Erickson, the woman
20 that they're living with?
21 A Yes.
22 Q In speaking with her, were you able to form
23 an opinion as to whether or not Mrs. Erickson is able to
24 parent and care for Justin and Jordan Hoachlander?
25 MR. GROGAN: I'm going to object to that
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1 question, Your Honor. It's not really relevant.
2
THE COURT: Do you have some objection to
3 Joyce as a mother?
4
MR. GROGAN: No, I don't.
5
THE COURT: Okay. She's a fit person. She's
6 a nice person. Next question.
7 BY MR. BRESCHI:
8
Q
Do you have an opinion as to living
9 arrangements with the children between February of '94, when
10 their mother left, and the end of school? Do you have an
11 opinion as to the living arrangements and custody visitation
12 schedule?
13
14
MR. GROGAN: I'm going to object, Your Honor.
THE COURT: I don't understand the question,
15 for openers, Counselor.
16
MR. BRESCHI: What I'm trying to get at, Your
17 Honor, is we're asking the Court to impose a custody
18 visitation schedule exactly as what it was.
19
20
THE COURT: Mrs. Mock is a nice person.
A
Thank you.
21
22
23
THE COURT: She counsels husbands and wives
that have problems and tries to heal their problems. If she
did anything in this case, unfortunately, it didn't work.
But as far as telling me about whether she thinks the
\ ~,
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so
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1 help me at all, sir. It's something I have to decide.
2 MR. BRESCHI: Okay. That's all I have.
3 MR. GROGAN: I have no cross, Your Honor.
4 THE COURT: Do you have another witness?
5 MR. BRESCHI: No. That's all.
6 THE COURT: Are you resting?
7 MR. BRESCHI: Yes, sir.
8 THE COURT: Are you offering your exhibits?
9 MR. BRESCHI: Yes, sir, 1, 2 and 3.
10 THE COURT: Hearing no objection, they're all
11 admitted.
12 MR. GROGAN: No objection, Your Honor. I
13 take it that Exhibit 3 is all of the pictures?
14 MR. BRESCHI: Yes.
15 (Whereupon, Plaintiff's Exhibit Nos. 1, 2 and
16 3 were admitted.)
17 THE COURT: It's been an hour. We're going
18 to take a short recess.
19 (Whereupon, a brief recess was taken.)
20 MR. GROGAN: I would like to call Cheryl
21 Hoach1ander.
22 Whereupon,
23 CHERYL HOACHLANDER
24 having been duly sworn, testified as follows:
25 DIRECT EXAMINATION
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1 BY MR. GROGAN:
2 Q Cheryl, if you don't a understand or if you
3 don't hear me, just tell me so, okay?
4 A Okay.
5 Q Now, for the record, just state your name and
6 your current address.
7 A Cheryl Hoachlander, 7 pine Road, Apartment
8 606, Mt. Holly Springs.
9 Q The apartment that you live in, how long have
10 you been living there?
11 A For two and a half months.
12 Q Is that in a development, or is it a private
13 home that was subdivided?
14 A It's an apartment complex.
15 Q Is there a name to that apartment complex?
16 A pine Ridge Estates.
17 Q Just for clarity, how big is your apartment,
18 how many bedrooms and all of that?
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24 have the children with you?
25 A Justin and Jordan are in one room, and I'm in
A Downstairs I have a living room, dining room
and a kitchen. Upstairs I have two bedrooms and a bath.
Q So, this is actually a two-floor town house?
A Yes.
Q What are the sleeping arrangements when you
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1 the other. They have bunk beds in their room.
2 Q Does anybody else live with you?
3 A No. I live by myself.
4 Q In the development that you live in, are
5 there other children around?
6 A Yes. We have neighbor kids.
7 Q How old are those neighbor children?
8 A I'm not sure of their age; but they're, I'd
9 say, around Justin and Jordan's age.
10 THE COURT: Closer to the microphone, please,
11 ma'am.
12 BY MR. GROGAN:
13 Q Just try to speak up for everybody's sake
14 here. Now, when the children are living with you, do they
15 play with these kids?
16 A Yes, they do.
17 Q Is there any type of recreational facilities,
18 like a playground or anything like that?
19 A Yes. We have a playground in our area, and
20 there's a school a hundred yards from me. We go back, and
21 the kids play on the swing sets. There's a ball field and a
22 sandbox and everything out there.
23 Q How long have the kids been coming to you
24 every other week?
25 A I'd say four months.
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Q
Four month.?
A
Five, four.
Q
Did we have a custody conference in July?
A
Yes.
Q
Is that when the week on week off started?
A
Oh, yes.
Q
Okay.
A
I'm sorry.
Q
Now, you heard testimony about your living
10 arrangements before your departure from the marital home.
11 When did you leave the house?
12
13
A
I was thrown out February 6th.
Now, before February 6th, you heard the
Q
14 testimony about the living arrangements. I guess you lived
16
17
15 in the house for about six years, is that correct?
.,.
.
A
Yes.
Q
Now, when you were living at home with the
18 two children, what did you do for income?
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22 nine kids.
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I baby-sat.
How many children did you baby-sit?
Q
A
There were days I had anywhere from six to
Q
Plus your own?
A
Yes.
Q
Were these people that dropped the kids off,
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or what were the arrangements for you to be baby-sitter?
A They would drop them off in the morning and
go to work, and I would provide lunch and feed them and take
care of them, and then they would pick them up at the end of
the day.
Q So, these were people using you as a day
care?
A Yes.
Q How long did that last for?
A For nine years.
Q For nine years?
A Yes.
Q Now, did you also work anywhere else during
that nine-year period? Did you work part time?
A Yes. I was a banquet waitress at Wonderful
Wanda's.
Q Is that in Mechanicsburg?
A Yes.
Q Now, before your oldest son was born, Justin,
what did you do for a living or for income?
A Before Justin was born?
Q Yes.
A I was a nurse's assistant at Mechanicsburg
Rehab for five years.
Q When you were a stay-at-home mom, how active
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1 was Scott in raising the children?
2 A When they were younger, not too much. But
3 when they got older and could do a little more for
4 themselves, then he got involved.
5 Q Who did the cooking in your house when you
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13 Q Tell me about this garage. What garage are
14 we talking about?
15 A There was a garage up the road from us that
16 people would call and say they had extra work for Scott to
17 do, and he would go up and do it.
18 Q How often would he do that?
19 A At first, I'd say, two, three nights a week.
20 Then it was getting that the kids were asking for him.
21 Q What were they asking?
22 A They were asking why daddy wasn't there.
23 Q So, what was the eventual outcome of that?
24 A I asked him to stop going up there. There
25 were times that I even had to ask him if he would come home.
were living there?
A I did the cooking.
Q Who did the laundry?
A I did.
Q Who put the kids to bed at night?
A Mainly, I did. There was a lot of nights
that Scott was up at the garage.
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I'd ask him if he'd come home and eat with us. Then he'd
come home and eat, and then he'd go right back up.
Q How long did that last?
A I'm not really sure. I spoke up and asked
Scott not to do it as much, and then he slacked off.
Q Was that a decision you and he arrived at
together?
A Yes.
Q When did you start working outside the home
again?
A In October of '93.
Q What prompted you to do that?
A Jordan went into first grade.
Q Was there a discussion between you and your
husband about you going back into the work force?
A Yes. Scott and I discussed it, and he said
that it would be good to get a job.
Q And where are you currently employed at?
A Cumberland County Nursing Home.
Q Is that where you started working last year?
A Yes.
Q What do you do at the Cumberland County
Nursing Home?
A I'm a nurse's assistant.
Q Do you have any type of training there?
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certified.
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Yes. I had to go to school for it to be
So, you are certified as a nursing assistant?
Yes.
What are your hours there?
Seven to three.
Five days a week?
Yes.
And your day off, is that the same day each
week, or does it vary?
A No. It varies.
BY THE COURT:
Q One day off. Do you work Monday through
Friday or
A No. I work every other weekend, so there's a
day during the week that I'm off.
Q Well, tell me what your normal schedule is in
the month, ma'am?
A I would every other weekend, and then --
Q Saturday and Sunday?
A Yeah, every other. Then there's one day off
during the week. Usually when I work Saturday and Sunday,
I'm usually off on like a Tuesday or a Wednesday that week.
Q Do you work six days a week?
A No.
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Q Well, I don't understand your schedule.
Explain it to me on a monthly basis.
A I don't know what you're trying -- I work
every other weekend, and there's a day off during the week
that I'm off.
MR. GROGAN: The weekends that you work, the
Saturday and Sunday, then do you get two days off during the
week?
A No. I'm only off one day during the week.
BY THE COURT:
Q Ma'am, you start to work on a Monday or
another day on a typical work week?
A It depends on my weekend, if I work on the
weekend or not.
Q Well, tell me what your schedule is for the
past four weeks, for exemple?
A I was off on Tuesday, and now I'm off today,
and I work this coming weekend. Now, next week I'm off
Wednesday, and I'm off Saturday and Sunday.
Q So, if you're off tomorrow, that means you're
working Wednesday, Thursday, Friday, Saturday and Sunday?
A Yes.
Q And you also work Monday and Tuesday next
week?
A No. I think I'm off on Monday. I think
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Monday is my next day off.
Q Then you go back to work Tuesday?
A Yes.
Q And you work
A Wednesday, Thursday, Friday, and I'm off
Saturday and Sunday.
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7 Q And the following week?
8 A It would be the same. Each day they give me
9 off during the week is a different day. I can't -- I don't
10 know.
11 THE COURT: Okay.
12 BY MR. GROGAN:
13 Q How much do you make at the nursing home?
14 A $7.48 an hour.
15 Q Now, last October, when you returned to the
16 work force, what was the arrangement for the kids to go to
17 school in the morning?
18 A Pardon me?
19 Q Last October, when you started back to work
20 outside of the home, you started working at the Cumberland
21 County Nursing Home?
22 A Yes.
23 Q What was the arrangement in the morning for
24 the kids to get to school?
25 A I would get up in the morning and get ready,
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morning?
A
Q
A
Q
A
I would be off
off the bus.
Q
were --
A
Q
A
Q
A
Q
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THE COURT: Who is Mrs. Lehman?
MR. GROGAN: Mrs. Lehman is the baby-sitter
who last year made sure the kids got on the school bus. As
an offer of proof, Mrs. Hoachlander is going to testify that
she has made arrangements with Mrs. Lehman to do that again
this coming school year. It's not going to be hearsay.
THE COURT: Where does she live?
MR. GROGAN: Where does she live?
A She lives on 641, outside of Plainfield.
THE COURT: Near your old family residence?
A Yes.
THE COURT: Okay. Go ahead and tell us about
Mrs. Lehman.
BY MR. GROGAN:
Q What is Mrs. Lehman going to do for you this
year?
A I'm going to take the kids to her house at
approximately quarter of seven in the morning, and she's
going to put the kids on the bus. The bus comes at 9:10
or 9:00. I'm sorry. She's going to put them on the bus for
me. Then after work, I'm going to go out to her house and
pick the kids up. I'm there before the kids get off the
bus.
Q What is the school day for the kids? When do
they start? When do they get out?
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A The school starts at 9:10, and it ends at
four __ I think like five of four. They don't get off the
bus till twenty after four.
Q Is that the same arrangement you had last
fall with the children?
A Yes, it is.
Q Now, your husband testified that you moved
out in February of ' 94. What prompted you to move out in
February of ' 94?
A He threw me out.
Q The weekend -- he testified that you came
home on a Sunday?
A Yes.
Q What happened that weekend?
A I went away for the weekend with a friend.
And when I came home, Scott -- I got in the door, and Scott
said that I was to get my clothes and get out. He said he
had like -- he said, don't go upstairs to the bedroom
because you'll be upset. So, I went upstairs. We have a
big oval mirror, and he had that smashed, and that was
busted. He had all of the -- he had dumped out my dresser
drawer, and he had my clothes thrown out, and he also had
clothes there packed. He told me he wanted me to get out.
Q Now, that weekend -- where did you go that
weekend?
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A I went to Bedford County.
Q Who was taking care of the kids that weekend?
A My mother-in-law.
Q Both children or one?
A No. Justin was with his father at scout
cemp, and Jordan was with his grandmother.
Q Did the grandmother know -- when did you drop
Jordan off with the grandmother?
Friday evening.
What did you tell the grandmother?
That I would be up to get Jordan tomorrow.
Did that occur?
No.
What happened that you didn't get back
A
Q
A
Q
A
Q
Saturday?
A
We went to a meeting in Cumberland County,
and by the time we got back -- or not Cumberland --
Cumberland, Maryland. By the time we got back, it was 10:30
in the evening, and I thought it was too late to talk to
Jordan.
Q So, then you went home on Sunday?
A Yes.
Q Jordan was with his grandmother?
A Yes.
Q Now, after you got thrown out of the house,
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did you go back to the house in February and March?
A Yes, I did.
Q How often would you go back to the house?
A I would go almost every day.
Q When you say almost every day, how many days
a week were you at the house?
A I'd say four days.
Q What days were they, do you remember?
A No, I don't.
Q What would you do when you went to the house?
A I would prepare meals for the kids and take
care of the kids and spend time with the children.
Q Did you spend the nights at the house?
A Yes, I did.
Q Now, did that eventually stop?
A Yes. Scott told me he did not want me there
because it was confusing the children.
Q When did that occur, do you remember?
A No, I don't.
Q But was it after this incident in early
February where he threw you out of the house and broke the
mirror?
A Yes, it was.
Q How many weeks do you think you spent going
back to the house four times a week?
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A I would say three, four.
Q So, about a month after that incident?
A Yes.
Q Now, when he told you not to return to the
house the second time, what happened then?
A I went and stayed with my father in
Mechanicsburg.
Q And did you attempt to see your children at
all during this time period?
A Yes, I did.
Q What were the arrangements?
A It was whenever Scott made it available for
me to see the children.
Q I'm sorry. What was that again?
A It was when Scott said I could see the
children. That was when he made the agreement -- or when he
said that I could have the children every other weekend.
Q Did you accept that?
A No.
Q Did that eventually occur?
A Yes, that's what it came out to be.
Q Why is that? Why did that occur? I mean, if
that was every other weekend, did you agree to that, or was
it forced on you?
A It was forced on me.
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Q
A
other weekend.
Q Now, you heard testimony about, I guess, some
fights in the springtime. Did you and your husband and his
girlfriend argue in the springtime?
A Yes. Yes, we did.
Q What did you argue about?
A The fact that Joyce was over at my house
taking care of my children when I could have. I could not
get into the house. Scott took the keys off my key ring,
and the only way I could get in was to break a window.
Q This was your marital home?
A Yes, it is.
Q And you and Scott, I guess, had a fight or
fought over this?
A Yes.
Q Did you have any reason to request a
protection from abuse order?
A Yes, I did.
Q Did you get one in the springtime?
A Yes, I did.
MR. BRESCHI: Your Honor, I'm just going to
object to the questioning on this protection from abuse
order. As counsel is well aware, a consent order was
What did Scott tell you?
That I was -- I could see the children every
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1 entered into, which there was no admission of any abuse by
2 Mr. Hoachlander.
3 THE COURT: Is it a consent?
4 MR. GROGAN: It's a consent order.
5 THE COURT: Okay. Next question.
6 MR. BRESCHI: Thank you.
7 BY MR. GROGAN:
8 Q Now, when you were going back to the house,
9 were you getting legal advice to do that?
10 A Yes. I was told that I can go back into that
11 house. And every time I would go back, Scott would take the
12 kids and leave.
13 Q When you would go back, he wouldn't -- would
14 he let you see the kids?
15 A Not all the time, no. And then when I made
16 the statement that I'm coming back and I'm staying, that I
17 am not leaving, then that's when he took the kids and left.
18 Q Do you remember when that occurred?
19 A Well, the one incident was when -- the second
20 incident, when I went over to the house and Joyce was
21 cooking there, that's when I went over and said that I was
22 not leaving.
23 Q Now, you heard Joyce say that you threw the
24 contents of her purse on the ground, is that correct?
25 A Pardon?
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Q
the ground?
A
the ground.
Q
A
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,....,
1 and sat on the couch. He said, well, can we talk? I said,
2 yeah. I said, Scott, I am not leaving. This is my home,
3 and I'm going to be here with my children. I am not
4 leaving.
5 Then he grabbed my arm and shoved me out the
6 door. During all of this, we got in a spat. I ended up
7 falling, and he fell on top of me. He called Joyce. I
8 thought I broke my leg. He called Joyce to come over to sit
9 with the kids, that he was taking me to the hospital. I
10 told him I didn't want him to take me.
11 He got behind me and picked me up and was
12 dragging me into the truck. That's when Joyce came over. I
13 told her to leave me alone. She grabbed my sore leg and was
14 trying to cram me into the truck with Scott. That's when I
15 brought my arm around and caught her on the side of the
16 face, and her glasses had fallen off.
17 Q Demonstrate how you brought your arm around.
18 A I brought my arm just like this (indicating),
19 because I was holding onto the top of the truck with my good
20 arm and my good leg, and my bad leg was hanging out. Joyce
21 grabbed my bad leg, my right leg, and was trying to cram it
22 into the truck, and Scott was up under me trying to push me
23 into the truck. And I brought my fist around, and I caught
24 Joyce in the side of the head.
25 Q I would like the record to reflect that you
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1 had your left hand up in the air. Is that the hand that was
2 holding the frame of the truck?
3
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10 was just pushing me in.
11 Q That's when you brought -- demonstrate again
12 how you brought your right arm around.
13 A I brought my right arm out (indicating) and
14 told her to leave me alone. When I did, I caught the side
15 of her face, and it knocked her glasses off.
16 MR. GROGAN: I would just like the record to
17 reflect that she moved her arm in a horizontal motion,
18 parallel to the ground, going from the front of her to the
19 back of her.
20 BY MR. GROGAN:
21 Q Was Joyce behind you at that time?
22 A She was beside me.
23 Q Beside you, okay. Now, there was an
24 incident, I guess, that started at the Boiling Springs pond
25 or lake, whatever it's called. How did you know that your
A Yes, it was.
Q And your bad leg was your right leg?
A Yes.
Q And that was hanging outside of the truck?
A Yes.
Q How did Joyce grab your leg?
A She got she grabbed like by my ankle and
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1 husband and your children would be there?
2
I called to talk to the children, and they
A
3 said that they were going out to the duck pond. Scott and I
4 would take the kids over there quite a lot to feed the
5 ducks, so I thought, well, I'll go out and see them. When I
6 got there, I took notice that Scott was apparently leaving,
7 so I followed Scott. Well, then I realized that there was
8 somebody in the car. Then I followed them to Joyce's house.
9
10
11
Did you have an argument at the house?
Q
A
Yes, I did.
Q
Were you able to see your children on a
12 regular basis during that time period?
13
14
A
No.
Q
How long have you known Joyce?
15
16
A
I'd say three years.
Q
Before you moved out in February, were you
17 trying to reconcile with your husband?
18
A
Yes.
19
20
Q
What role did Joyce have in that?
Well, Scott said I could come back to the
A
21 house if I quit associating with this guy. I said, fine,
22 but you have to quit associating with Joyce. And he said,
23 no, he would not do that. I asked Joyce to stop calling the
24
house because I was trying to work things out, and she
continued to call.
25
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Q Have there been any other flare-ups since May
between you and your husband and Joyce?
A No.
Q Again, you actually had another attorney back
in the springtime when he told you you could go into the
house?
A Yes.
Q Or did you have an attorney?
A Yes.
Q It wasn't me, was it?
A No.
Q Do the children have games and toys at your
apartment?
A Yes, games and stuff that I provided while
when I got my own place, I had to furnish things for the
children.
Q Now, was there any attempt between you and
your husband to get some of the toys? You heard testimony
about the bike.
A Yes.
Q Can you tell the judge what transpired with
this bicycle for your son?
A The neighbor kids have bikes, and Jordan kept
riding their bikes. Jordan said, can I bring my bike over?
And I said, you'll have to ask your daddy. I said, are you
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still riding it? And he said, no. Justin got a bike for
his birthday, and I have Justin's bike. He said that he has
the extra bike there. And I said, is anybody riding it?
And he said, no, it's in the garage. I said, well, then
we'll talk to daddy and see if you can bring it over.
Q Did you speak to your husband about that?
A Yes, I did.
Q What was his first response to that?
A He said that he could bring it over.
Q Then what happened?
A Then it was my weekend to go and get the
kids. I went to pick up Jordan and Justin, and I asked for
the bike. And Joyce told me that Scott said, no, that I was
not allowed to take the bike.
Q Now, you heard testimony about the sports and
the activities that the children are involved in and, I
guess, had been involved in when you were living together as
a family. How active were you involved with this scouting
program with the kids?
A In '93, I was assistant pack leader with
Scott. Scott and I took a pack.
Q Do they have mothers as pack leaders and all
of that stuff?
A
Q
Yes.
Now, the soccer, what was your role in their
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soccer games?
A
soccer.
Q
A
Q
A
Q
A
Q
A
Q
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1 while you were home and the kids were at school.
2 A We would take them to the sitter's. They
3 would get home and do their homework, and then they would go
4 out and play for a couple of hours. Then they would come in
5 and eat and get a bath. We'd sit and read with them, and
6 then they'd go to bed.
7 Q Now, if the judge awards you custody of the
8 children, either primary custody or partial custody of them,
9 what do you intend to do for their schoolwork at night? Are
10 you going to change that at all?
11 A No.
12 Q So, when will they go to bed?
13 A They would go to bed at 8:30 on a school
14 night.
15 Q When will they do their homework?
16 A When they get home from school.
17 Q Now, you're asking -- what are you asking the
18 Court to grant you here today?
19 A I would like to have the kids a week, and I
20 would like Scott to have the kids a week.
21 Q And why is that?
22 A Because it's fair. That's what the children
23 want. They've talked to me. That's what they like. I have
24 a home for them that I can provide. I mean, it's not any
25 different from when I wasn't there.
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MR. GROGAN: I have no other questions.
CROSS-EXAMINATION
BY MR. BRESCHII
Q Mrs. Hoachlander, you have to be at work at
7100 in the morning?
A Yes, I do.
Q And you're proposing in this week that you
have custody of the children that you would drive the
children to the baby-sitter's, correct?
A Yes.
Q And that's going from Mt. Holly to
Plainfield, correct?
A Yes.
Q Via, I guess, what, Route 641? How would you
get there from Mt. Holly?
A I'm not really sure. I go the back roads.
Q Have you done it before?
A Yes, I do. I do it now.
Q Okay. It takes you about twenty minutes,
correct?
Fifteen, twenty minutes.
How long does it take you to get to work from
A
Q
Plainfield?
A
Q
About fifteen, twenty minutes.
So, you have to leave Plainfield between 6:30
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1 and 6:40 to make sure you get to work on time, correct?
2 A By twenty of.
3 Q So, you'd have to arrive at Plainfield
4 somewhere around 6:35 so you can get the kids out of the
5 car, get their lunches or whatever, get them situated;
6 you've got to have five minutes to get them into the house,
7 correct?
8 A Yes.
9 Q So, if you arrive at 6:35 and it takes you
10 fifteen, twenty minutes to get there, you're leaving the
11 house at approximately 6:15, correct?
12 A I'd leave anywhere from 6:15 till about
13 twenty, twenty-five after.
14 Q In order to get the children up and fed
15 breakfast, dressed and ready to go, you have to give them at
16 least a half hour for that, correct?
17 A Usually at the sitter's when we took the
18 kids to the sitter'S, they got dressed up at Betty's house,
19 and they'd get fed up there.
20 Q So, you put them in their pajamas and put
21 them in the car?
22 A Yes, put their shoes on.
23 Q And then you'd give the baby-sitter the
24 clothes to dress them?
25 A Pardon?
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Q You would give the baby-sitter the clothes to
dress them?
A Yes, and I provided the food for breakfast.
Q So, what are you -- a Tupperware of cereal,
bring over a half gallon of milk?
A I would send -- like at the beginning of the
week, I would send her a gallon of milk, and I would give
her eggs and bacon and a box of cereal.
Q Now, you testified earlier on that school
starts at 9:10 a.m., correct?
A I think that's when it starts, approximately
there.
Q And they would pick the bus up at Mrs.
Lehman's house at approximately what time?
A The bus usually comes about five of nine,
nine o'clock.
Q Okay.
Q So, the children would be at this
baby-sitter's house from 6;35, approximately, till 9:00
every single morning your weeks that you want this Court
to --
A Pardon?
Q The weeks in which the children will be with
you, where you want them with you during the school year,
they will spend between 6:35 in the morning and 9:00 in the
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morning at a baby-sitter's house?
A Yes.
THE COURT: Is that Mrs. Lehman, or is that
someone else?
A That's Mrs. Lehman.
THE COURT: And that's who you're using now?
A Yes.
THE COURT:
MR. GROGAN:
Okay.
Clarifying her answer, Your
Honor --
THE COURT: I don't think he's done.
MR. GROGAN: Oh, okay.
BY MR. BRESCHI:
Q You haven't used Mrs. Lehman since you left
the residence, have you?
A No. They've been going to Scott's. I've
been taking them to Scott's house.
Q So, when you go to work, you take the
children to Scott's house?
A Yes. He would put the kids on the bus.
Q That was in the spring last year, or when was
that? When have you been doing that?
A Doing what?
Q What you just said, taking the children to
Scott's house. When have you been doing that?
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Since Scott moved in with Joyce.
Q
You have no problem with the children being
3 with Scott and Joyce, do you?
4
5
A
I would rather them be with me.
Q
Don't you think it's better for the children
6 to get an extra hour's sleep in the morning and get ready
7 for school and have breakfast at home end be able to dress
8 and do those things at home in the morning? Don't you think
9 that's in the children's best interests, what's best for
10 them?
11
A
Kids do it every day, though. I can't -- I'm
12 a working mother. I have to do that. If Scott was living
13 by himself, he'd have to do the same thing.
14
Q
Now, you talked a little bit about who lives
15 at your house, and you said just you and your two children
16 live at the house, correct?
17
18
A
That's correct.
Q
Don't you have a boyfriend that stays over
19 there several nights a week?
20
21 children.
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A
No, he does not stay with me when I have the
Q
Okay. So, is it your testimony -- has he
I:
ever stayed overnight with you when you had the children?
A No.
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Did you just come back from a week __
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A We went camping, yes. I will rephrase that.
Q Did he spend the night with you when you were
on vacation this past week with the children?
A Yes. He went on vacation with us.
Q He spends a considerable amount of time at
your house, does he not?
A Yes, he does.
Q In reference to Scott working in the evenings
at the garage, you stated that you spoke up and asked Scott
to spend more time with the family, correct?
A Yes, I did.
Q And Scott did do that, correct?
A Yes.
Q If fact, he was the one that suggested
counseling for your relationship, did he not?
A Yes.
Q And he's the one that urged you to go after
you said that you did not want to go, correct?
A Yes.
Q In fact, at the counseling, he had said that
he wanted to give everything to this relationship, and you
had said --
MR. GROGAN: Your Honor, I'm going to object.
BY MR. BRESCHI:
Q and you had said that you don't have
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1 anything to give this relationship; you think it's over?
2 MR. GROGAN: Okay. I'm going to object to
3 this line of questioning. That really goes to __
4 THE COURT: What's that for? How does it
5 help me?
6 MR. BRESCHI: Well, it helps you because
7 she's saying that, you know, Scott started seeing this other
8 person when she was trying to reconcile the marriage.
9 THE COURT: She has a boyfriend, and he has a
10 girlfriend. They're not divorced. But that's the way it is
11 nowadays, I guess. Unless there's an effect on the
12 children, I do not care about their love lives, Counselor.
13 That is the rule. That is the case law.
14 BY MR. BRESCHI:
15 Q The weekend that you went to Bedford County,
16 you said you went with a friend. That, in fact, was a
17 weekend that you were supposed to spend with Jordan,
18 correct?
19 A Jordan had asked to go spend the weekend with
20 his grandmother.
21 Q Did you tell Scott that you were going to
22 spend the weekend with Jordan?
23 A I told Scott that I was taking Jordan to his
24 mother's for the weekend.
25 Q But, obviously, you didn't tell him you were
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1 going to Bedford County with another man, correct?
2
A
3
Q
4 correct?
5
6
A
7
A
8
No, I didn't.
You had been seeing this person since May,
I don't -- I don't think it's been that long.
Q
But it was prior to that weekend, correct?
Pardon?
Q
You had been seeing that person for an
9 extended period of time, correct?
10
11
Before that weekend, yes.
A
Q
Now, Mr. Grogan indicated that you had been
12 getting legal advice after you moved out of the house,
13 correct?
14
A
I talked to Dale Shughart once as to what my
15 rights were, as to what I could do.
16
When did you speak with Mr. Shughart? Do you
17 remember the month?
Q
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After Scott changed the locks on the door.
Was that in March of '94, approximately one
Q
20 month after you left?
21
22
A
Yes.
23 believed that the best interests of the children was for the
Q
Now, I'm sure he told you that if you
24 children to be with you, you could file a custody action,
25 correct?
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A No, he didn't. I had just told him I wanted
back in the house to be with the children, and he said that
Scott cannot keep me out of that house.
Q Isn't it true that you didn't file a custody
action in this matter until June 3rd, 1994? Do you recall
when you filed a custody action?
THE COURT: You are swamping me with
trivialities, Counselor.
BY MR. BRESCHI:
Q The work schedule that you have in reference
to the visitation schedule that you want to have this school
year, have you made arrangements as to what's going to
happen when one of the children get you get a call from
the school that they're sick?
A I will leave my job.
Q You would leave your job?
A Yes.
Q And in reference to snow days, have you made
arrangements for that?
A Yes. They will be able to stay with Betty.
THE COURT: Ma' am, I can' t hear you.
A They will be able to stay with Betty.
BY MR. BRESCHI:
Q Doesn't Betty work?
A Yes, she does.
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Q So, what are you going to do when Betty goes
to work and the kids are off from a day of school? Have you
even thought about that?
A Yes, I have.
Q But you haven't made arrangements for that
yet, have you?
A They can stay with my girlfriend, Martina
Lebo.
Q Doesn't she work as a waitress in a
restaurant?
A Not during the school year, no.
Q Doesn't she have three kids of her own?
A Yes, she does.
Q Doesn't she live back in Mt. Holly?
A Yes.
Q How are you going to work this out when the
kids are at school, they get released early to go home for
the rest of the day and you're at work?
A I will make arrangements for them. If I have
to leave my job to go get them, I will. My kids are my
first priority.
Q You heard Joyce's testimony about the three
harassment charges she had levied against you, correct?
A Yes.
Q You're not denying any of those allegations
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that she made, correct?
A No.
Q You would agree, particularly in that second
incident with the brownies, that her kids were terrified
when you were doing that?
A She's saying they were.
Q You were at the car window; you saw that her
kids were in the car?
A I didn't see her kids. I put a brownie on
her window, and I left.
Q You would agree that you were out of control
that day, wouldn't you?
A I was upset due to the fact that I was not
able to be with my children, that somebody else was in my
home providing for my children when I couldn't be there.
Q What kind of education do you have, Cheryl?
A Eleventh grade.
Q Do you have a high school degree?
A No.
Q Do you have a GED degree?
A No.
Q Do you have difficulty with math?
A No.
Q You never asked Scott to see the children's
report card, correct?
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A I asked the kids if they would please bring
their report card, and Justin made the statement that he
would ask his daddy. I shouldn't have had to ask him. He
should involve me, too.
MR. BRESCHI: Your Honor, I'd ask that you
direct the witness to answer the question.
THE COURT: Okay. All right. Ask her
another question.
BY MR. BRESCHI:
Q Did you ask Mr. Hoachlander to see the report
card?
A No.
MR. BRESCHI: If I could have a moment, Your
Honor.
(Brief pause.)
BY MR. BRESCHI:
Q The visitation that you had in the spring,
this past spring, you were getting the children every other
weekend, correct?
A Yes.
Q And you were getting the children one day
during the week?
A Yes.
Q And they would spend the night with you that
night, correct?
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A That's correct.
Q And there were no problems with that
visitation schedule, were there?
A No.
Q And you would agree -- you saw the children's
report card, did you not?
A Yes.
Q You would agree that they did well?
A They did well when I lived there, too.
Q Okay. What about -- this is the last line of
questioning. What about the soccer; don't they play that
over where Mr. Hoachlander lives?
A Pardon?
Q Don't they play soccer and do those
activities over where Mr. Hoachlander lives?
A They play it up at the Big Spring Middle
School.
Q Baseball, also?
A Yes.
Q The Boy Scouts are over there where they
live?
A Yes.
Q And you're going to be carting them back and
forth?
A Yes, I will. I'm not keeping them from any
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1 activities that they want to do.
2 MR. BRESCHI: That's all I have.
3 REDIRECT EXAMINATION
4 BY MR. GROGAN:
5 Q Just one question. What's the distance
6 between your home and Scott's current home?
7 A Ten miles.
8 MR. GROGAN: That's all I have.
9 THE COURT: You may step down.
10 MR. GROGAN: Your Honor, the only other
11 testimony we wish to offer is that of the children. As an
12 offer of proof, they would testify that there's nothing bad
13 in either home. I don't know if -- I'd still like to have
14 you at least meet the children to see what their desires are
15 and how they think things are going, realizing they're young
16 children.
17 THE COURT: And the children are what, seven
18 and ten?
19 MR. GROGAN: Yes, Your Honor.
20 THE COURT: What do you say, Counselor?
21 MR. BRESCHI: Again, we would stipulate that
22 the kids are going to say that they like how it's been going
23 on, week to week. We don't think that is in the kids' best
24 interests, especially in light of what's been going on.
25 THE COURT: Don't argue to me. Just tell me
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1 what your position is. Can the kids testify?
2 MR. BRESCHI: We would object. We don't
3 think they're going to say anything relevant.
4 THE COURT: Pardon?
5 MR. BRESCHI: We would object to their
6 testifying. They're seven and ten years old, and we don't
7 think they're old enough to have, you know, a relevant say
8 in the matter of where the Court should put the kids.
9 THE COURT: Well, seven is a little young.
10 Ten is borderline. But you agree to the effect of their
11 testimony anyway, so I really wouldn't learn anything from
12 the children. I see no need to talk to them and further
13 involve them in this process. Are you resting?
14 MR. GROGAN: Yes, we rest, Your Honor.
15 THE COURT: Anything else, Mr. Breschi?
16 MR. BRESCHI: Can I have just a minute, Your
17 Honor.
18 THE COURT: All right.
19 (Brief pause.)
20 MR. BRESCHI: Your Honor, we would like to
21 call just one brief witness in rebuttal.
22 THE COURT: Who's that?
23 MR. BRESCHI: Shirley Hoachlander.
24 THE COURT: Who?
25 MR. BRESCHI: Shirley Hoachlander. She's the
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1 mother of the Plaintiff. This is specifically in reference
2 to that weekend in Bedford County.
3 THE COURT: In February?
4 MR. BRESCHI: Yes, sir. The offer is
5 specifically
6 THE COURT: Well, this was about the time of
7 the separation, wasn't it?
8 MR. BRESCHI: Yes, sir.
9 THE COURT: In fact, it was that very same
10 weekend?
11 MR. BRESCHI: Yes, sir.
12 THE COURT: That doesn't really help me,
13 throwing rotten tomatoes at each other on that one.
14 MR. BRESCHI: Other than that, Your Honor, we
15 have no other witnesses.
16 THE COURT: All right. We'll close the
17 record and take the argument off the record.
18 (Whereupon, argument was held off the
19 record.)
20 (Whereupon, the following Order was entered
21 by the Court:)
22 nAND NOW, this 22nd day of August, 1994,
23 after hearing and consideration of the testimony presented,
24 we do find it is in the best interests of the children to
25 make the temporary order of July 11, 1994, a permanent order
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1 innsofar as the children are concerned. Therefore, we
2 readopt Paragraph 1 of that order, and Paragraph 2 of that
3 order in all respects except for Subparagraph C of Paragraph
4 2. n
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11 a.m.)
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THE COURT: Is that clear?
MR. GROGAN: Yes, Your Honor.
THE COURT: Is that clear?
MR. BRESCHI: Yes, sir.
THE COURT: Okay. Court is adjourned.
(Whereupon, court was adjourned at 11:50
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is n correct transcript of
same.
/~/Y1 Y /2 c~
Susan L. Rice
Official Stenographer
----------------------------------
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
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94
SCOTT HOACHLANDER.
P]njntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
94-2688 CIVIL TERM
CUSTODY
VS
CHERYL HOACHLANDER.
Defendant
HLRE.:.._EEUUO.N.E.OR_uS PEClALREUE.E
ORDERu.OuLCOURI
AND NOW. December 2. 1994. 10:41 o.m.. after hearing
and consideration of the arguments of counsel on the petition
for special relief. and it appearing that the mortgage payment
is not being made. pending the sale of the house. we direct that
the husband shall pay two-thirds of the mortgage payment and the
wife shall pay one-third of the mortgage payment. The porties
are directed to list the property for sale with their agreed
upon listing agent. Century 21, within five days of today's date
so that the property can be sold, The approximate listing price
is in the neighborhood of $116.000.00 to $119.000.00.
By the Court.
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David R. Breschi. Esquire
For the Plaintiff
Austin F. Grogan. Esquire
For the Defendant
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