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Home My WebLink About95-03400 ~, , I' ..:lJ' ~. " ~ ::r: -7 ,I .( , ~ ~ g ~ I ., :I , { ~ o Q '::t- (Y) " , " ,., " , " ;j , ' :,j I r"'i - i I I I I' fit I I _I . 0 o~. I j I I! II I I , , , , Ii II I I II , , I I I , t : 1 I 1 I 1II1 Ii.L ' i t, II I' . 1 II I! I' , i i ' .....1 '. ! III n='b - I I I I I t ! I I '. I ; , , II II , , I , '1 ;+ _ -- _.~ --t- .,' .. ..t ':-"' . t I ,- .' I , I +1+11 -fi f 1- I HI ,~.I-Ir cr -:-L('[! 1- a. -L1- ~ -+-f-- u Z - :::J u. a: o , I'~' f I [: 1- , , r.:: __ f i I II 1\ I; I -lU , - _l~ ~ -: ~:-l It ,4 i1 , I I , ; I I' I I I Z 0----- :rl a: o .. u. Z o lI) - < UJ a: a: UJ UJ UJ -J :> -J ~ 0 Cl UJ ~ 0 ~ -J '" J: ~ III lI) ~ lI) ... :x: 0 -J III ... < 0 III I w 11 0 al f/)! ':'2 I 'n 0( 51,7. ... :: OI:J,"UJO LLOW..,jW -' u.1-, al J: -',a:,~ :::J1!!l ",.UJIZOZ ~Iii:lin 01 G: I "1 ,ii '. o , , t o(,1Il1UIOIUJ u. , ' 1 I" j t{) Z . w '" c: ... >- ::> a:-' ~I WIZ ..:1 ~ 0 <I~IU '" UJ III I ;: o >- UJ ... U :> a: '" o a: u. t;l r1: ~ <( '" ... ... o 0 :x: J: a: o w W Igg.J tu 10.... I- a: I~WOt!j U 101 -J c.. a. zU!lr~;:;r... 81~i~i55!81~ lA,"OfflCU ~ fIAt.o.a..., O'BRIEN BARIC. SCHERER l,/wur ~JHt~Tll..ltT (ARU5U.I'(NNIYLVANIAI70IJ ~1a~\\ J:C-'~ C~ 9J 2-~ '""\ nJ~ QJ( ~~<- ~'1~~1I'\ PA- IJaS~ '..hi._\L~,~"~ijt1c!-'~i;IH;",~;, \'~'~~""j~J'''\'~~<l'~#i>fIi;~~'''~--"'. ..,.--~,._-.....- " I, ~ .. .. ,r,' ,~ .\ ' ; . . ,I. ~ ,t". , , I,' \ I \ ,........ .~ .....-=--.-,.,...-""",'.,~~--:...::-:r:t"';. 'J REMEMBER MOM AND DAD: I'm nollike my neighbor I'm nolllke my friend I'm an Individual From beginning 10 end! W.G. Rice Elementary School Kindergarten Evaluollon First Quarter ---., . ,. . .,') .~ ~ II \,; . SOUTH MIDDLETON SCHOOL DISTRICT 'I /-1,/1 J 1/11 IlL r Teacher -1:1.Js /, ilnn )II Name ( I (),I" , , Date ;,/r II ~ 1'1'/1.. Days Absent -, :"v II/rlO' , (9/91) Y ST NY 1. Enjoys listening to stories ....... 2. Enjoys drawing pictures and sharing v 3. Participates In songs, games and flngerplays ..... 4. Follows oral directions , v- 5. Works and plays cooperallvely v- 6. Displays a positive self Image \,. 7. Adjusts easily 10 change .......... B. Tells full name v- 9. Recognizes printed name ....... 10. Prints name ....... -- 11. Tells home address ./ 12. Knows telephone number(J5~ l~d<J) ........ 13. Knows 911 emergency number v 14. Recognizes numbers 0 . HI b- v- 15. Counts 1010 ......... 16. Matches numbers with objecls ........ 17. Recognizes basic shapes (circle. square, Irlangle, ....... rectangle, oval, diamond) lB. 9r.awll baslc-il:lapes 19. Identifies colors (red, yellow, blue, green. orange. v- purple. brown, black) 20. Culs well with scissors V- COMMENTS: (: I i, , , )II( I J " '-)IVl"'/- /" 1/ ' /1" 1< 'J"I;"'rt 1/" 1 r.::) , ...I , r,~t 'I IJIt.IIII(,'" "J11d l-'i1r' I!r'l ",.III:~ , - . , " LEGEND: Y . Yes ST . Starling To NY . Not Yet /. CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS I , SECTION PM.401 ,0 OENERAL PM.401.1 Scope: The provision. oflhl. chapler .hall govem Ihe minimum conditions and 51andards for IIghl, v'mil,l/lo" and 'puce for the (x'fUl,an.'y of a slruclure. PM.401.Z RHponsibllUy: 111e OWII" of Ihe "ruclure shllll provide and maininlnllghl, ",milmi,,,, and 'pace condlllons in compllw1ce ....lth Ihese requiremenlS. A 1'''.1011 shall'lUl occupy AS {)wntr-o clJpant, or pcnnh anolher ptrson 10 OCl:Upy any p"mius thai do nol comply "11th the rcquiremcllls of Ihi.l chap. Icr. PM.40J.3 AUernalivedevlce.: Inlicu of the means I'm nlllornl Ughl and ",milation herein prescribed, artlfldlll Iiglll or mechanical vtntilation complying "11th Ole ImilclinN !'licit Iis"'d in Chapler 8 ,hall be pemlilled, SECTION PM-.402.0 DEFINITIONS d ~ PM.40Z,l General: The following words and tenns shall, for M the purposes of Ihis chapler and as 'taled elsewhere Inlhis code, ff have the meaning' ,hown herein. \lIabllabt. spact: Space In a struclure for living, sleeping, ealing or cooking. Bathrooms, loilel companmenls, closels. hillis, 'Iorage or utility spaces. a~d similar arelLS are not con'sldered habilable 'paces, OplMble ana: ThaI pan of a window or door which is IIvailahle for unobstructed v'ntilatio" and which opens direclly 10 Ihe oatdoors. Vent/kId"n: The naluml or mechanical process of supplying conditioned or anconditioned air to, or removing snch lIir from, WlY spoce, SECTION PM'403.0 L10HT PM.403,l Jlabllable spaces: Evcry IwbltaM, "pal'l' shall have 01 least one window of approved slle facing directly 10 Ihe oUldoors or 10 a coun. The minimum total window IIrea, measured between Slops, for every habitabl, "11OC" shall I", H percent of Ihe floor area of such room, exceplln kilchen.s wh,'re artlficlalUghl is pruvlded in accordance with Ihe provisions of the buildinR codt IIsled in Chapler 8. Wherever Willis or olhcr portions of a Slruclure face a window of any ".nn Will such obSlrucllons are localed less than 3 feel (914 mm) from the window and eXlend 10 a level ahove thaI of Ihe ceiling of Ihe room. saeh window shllll not be deemed 10 face direclly 10 Ihc oUldoUl's nor 10 a court and .hall nol be induded as co'"tlbullng lu Ihe rcquired minlmumlulal winduw area for Ihe room. I'M.40.l.Z (:umrnon hulls and 'lairwuysl Every cummon hall WId ",airway, oOler lI,w1ln fII/t. and Iwo/amily (ll\'e/linN'" .hall be lighted at all limes wilh at least a 60.wall slundard Incandes. c"lIllighl hulb ur equivalent for cach 21X) "'luare feel (19011) of nunr area, providedlhallhe spacing between IIgllls shall nul be grelller Ihan]O fcet (9144 mm), Every eXlerior slairway shull be IlIuminaled wilh a minimum of I fc.ncandle (II lux) at noon;, IlIndings and Ireads. J'M.403.3 Olher.puces: All olher spaces shall be provided wilh nlllurlll or artlficlllllighl NuflicieOllll pennil Ole mainlenance of S1Ulilllry cundiliuns, Wid Ihe safe "fl'UIIa"fY uf Ihe splice und ulill/alion of Ihe appliances, equlpmc:nI and liXlures, SECTION PM.404.0 VENTILATION J'M.40U lIabUable .paces: Every IuJbllab/., "paft shall bave al leasl one openahle window, The IInal "",,,abl, area of the wlnduw in every ruom shall be equal 10 allciLlt45 percelll of Ihe minimum gla/cd ntea required In Swiun I'M-403.1. I'M.404.Z lIalhrooms und lollel roorn.,: Every bathrollm and toilrt rollm shall comply wilh Ihe ",mlla/illn requiremenls for IuJhltablt "pacf,l as required by Seclion PM404.I, exeeplthal a window shall not be required in spaces equipped "11th a mechllllkal vtmllmi"" Nystem thai complies wilh the following: I. Air exhausted by a mechMlcal ",lIIilatilln system from a INUhroll'" within a dl\'f/li"R unit shall be exhausledlo the eXlerior IUld .hall nol be reclrcalated 10 any space, includ. ing Ole space from which such air is withdrawn. 2. Air exhausled by a mechanical vflllilatinll syslem from all other bllthrollm.l or toil't rollm.l shull be exhausled 10 the eslerior wilhUln recirculation 10 any space, or not more IhM 85 percer,1 ur IIle exhausl air shall be reclreulaled where Ihe syslem is pllwlded "11th effective absorplion and fillering equlpmenl. I'M.404.3 Cookinll fueilitles: Unless approved Ihrough the certificale of IIc..""anfY, cooking shall nol be pennilled In any rollmi"N 11,,11 ur dllrmilllry unil, and a cooking facility or ap_ pliance shall nul be pennilled 10 be presenl In a rollmlnN unil or (Jormitory unit Exeepllon: Where specifically approved in writing by the cc.le officill!. 13 THE IOCA NATIONAL "'OPlATY MAINTfNANU COOM_ PM.404." Prll<<'liIl vtnlllMlIllnl Who,o Injunuu,. luxlc. Inlllll. Ing ur nllxluu. fUIII", MUIlt., duor. or 11I1'1. lire Monollllod. u locul exhuu'l v.'nli/fllion ,y.lelll .hull he pruvldo,1 lu rellluve 11'0 cunwmlnullng ugonl ullhe ,UlIrce, Air ,hull he exhullored lu Iho exlerlor WId nul he reclreulllled to uny .puce. PM.404.'s Clolhu dryer nhMu.l: <.'Iulhe, dryer velUlflM 'Y'- !em' ,hull he Imlepelklem of nil ulher .yslelll' IInd ,hull he vonled In uccurdunce wllh Ihe nHulufuclII",r\ InormcliulI' mnON PM-40U OCCUPANCY LIMITATIONS PM.40's.1 Prlvley: Dwtllinll llIli,"" h",'" unil" r'Hlminll ""il.. llIld ,Jormilory unil. .hull he urrwlaed hI pruvide prlvucy WHI he sepurule frum ,~her udjulnlng 'pllce', PM.40S.Z A.'Us.. from ,Ireplna room.: Sleeping roolll' ,hull nol eon.lllule Ihe only meun. uf IIcce" lu ulher .Ie'~plng "Xlii" or hahilahlt 'I'acts, Exeepllolll Dwtllinll un;l. Ihul cunlllln fewer Ihun 1100 bedroolll', PM.40.5.J Area for sletplna purposes: Every 11I011I occupied for .Ieeplng purpo.es by one (/alll',ml .bull conluln ulle1l51 70 squo/'c feel (7 11I2) of noor urcu, IIIld every 1lI0m occupied for sleeping POI'JlO<lC' bl, more thon one 1"""11I ,bull conlaln ulle1l51 ~ squure feel (3 m ) of nonr ureu ror eacb oC\'IIl'anllhercof. PM.40.5.4 Wiler d_l leee..lblllly: Every hedroom shull have IICcesslo ullea'l one wuler clo.elund one luvulory wilhoHI pa"lng Ihrough unother bedroom, PM.40.5..5 Oven:rowdlna: Dw,lIinl/lmil_' .bull nul he occupied by more occupanl,' thllll pennilled by the minimum o",ul'ancy area requirements of Tuble PM.405.3, Tlbl. PM-40U MINIMUM OCCUPANCY MEA AEOUIREMENTS Minimum occu anc area in square leetb 1.2 occu nts 3.5 occu ants 6 or more LMng room' No req~iremente 120 150 Dining roam' No requiremsnts 80 100 Kitchen 50 50 60 Bedrooms Shall COlli with Section PM.405.3 Nolt I. St. Stellon PM.40561'l' combined 1Iv111ll room/dining room space.. NDII _. 1 SQualS loot. 0.093 m . PM.40.5.6 Combined spaces: Combined living room and dining room spaces shaJl comply Wi~l Ihe requlremen" of Table PM. 403.3 if Ihe lowlarea is equal 10 Ihlll required for sepamle rooms and If !he space is loculed so a, 10 fuoctloo us a combinolion living room/dining room, p~."OS.7 Prohibited occupancy: Kilchens. nonbabllable spaces and inlerlor public ureus sh<lll nol be occupicd for sleeping purposes. PM.40.5.8 Minimum celllna heigh Is: lIahitahl, ,'pact.., OIher than kllchens, shall have a clear ceiling helghl of nOlle88 !hun 7 feel 4 inches (2233 mm), IIallways, conidors. luundry area" balhrooms, tailtl room.. und kllchens sball bave a c1ea, ceiling heigbl of nor less than 7 fcct (2134 mm), Space 14 t:xrepllon. I. Ilewn. or girders .puced 1I01le..lhun 4 feel ( 1219 mm) 011 cClller WId projecling 1I1~ 1II0re lhull/> Incl",. (132 IIUlI) below Ihe required ceiling height, provided thai Ihe minimum clear helghl i'"I~ le"lbwl/> feet K incbe. (21l.1:I1I1I1I), 2. llmpped ur furred ceilings over lIul mure Ihun une.hulf uf Ibe minimum nonr ureu required by Ihls code, provide,1IhuI110 purl of .uch dropped or furred ceiling Is le"lhM 7 feel (21J4 mm) III helghl. 1. RIXlIlI. occuplcd exclusively fur .Ieeping, N1udy ur .IlIIlIur plJrpu'es WId bavinH a .Ioped ceiling over ullllr part uf Ihe room, with u cleur ceiling helgbl of allelllll 7 feci (2134 mm) over 1Il~ Ic.. !han onc-thlrd of !he ""Iulred minimum noo. ""'0. In culculaling Ihe n,xlr urea of .uch "Xlms. only Ihose portions of Ibe noor urea wllh a clear ceiling height of ~ feCI (1324mm) ur more .hull he included. 4, Jlllstmtnl room. in ant. und ,..,o-J<lmily dwtllinl/' oc. cupied exclusively for luundry, .tudy or recreallun pur. pose,. having u ceiling heiahl of nOlle.. thllll/> feel K inches (2033 Illlll) wilh nlll less Ibllll /> feel 4 Inches (1932 mm) of cleur helghlunder heams, girders, ducl, Wld ,Imllar Obsllllclions, PM.40S.9 Minimum room widths: A hahitalll, room. Olber Ibun .1 kilchen, .hall not he less Ihan 7 feel (2133 mm) In llIlY plWl dimension. Kilchens shall have u clear passageway of nOI le"lhan 3 feel (914 mm) belween cuunlerfron" and uppllances ur counterfronlS und walls. PM.40S.10 t'ood preparallon: All .puces III be occupied for f,xxI prepuralion purposes ,hall cunluin ,uitable spuce und C<lulpmclIllo slOre, prepure und selve foods in a sllllllary monner. Tbere .hall he adequate fucllilies and service. for Ihe ,unllary di.po.al of food Wllllle. und refuse. including foeilllies for lem. porary slorage. ~ ~ a II: C U Cl II: o CJ iii II: ~ II: iii A. o II: A. ... ~ II: ... c 5 Cl iii iii II: ~ _f__ ....-..--- '^ - v . .' ,,' < " e l~ " '" " .; '.' " " c. v .' " ~ " < . '.1 " , " I <- . ., ". (I " r~ " , ,', I:' . ;L , " < '" , ., . ,. .. ., 0 ., . ':' . " n ~ .. u: iil .. ----- ,. - u~ . , ._~__.._~U .. -..-.... '^ > " " > " . " , " . lQ ~ ) "'- ... ~ ;;J w U U . 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'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ) 17 18 19 20 21 . 22 23 24 25 February 27, 1997 Carlisle, Pennsylvania (Whereupon, thG proceedings were held at 8135 a.m.) (Whereupon, Plaintiff's Exhibit Nos. 1 and 2 were marked for identification.) MS. DEILY: Your Honor, right now there is a shared custody' situation. My client filed a petition for modification to alter her having primary physical custody with an alternating weekend basis, although she is willing to offer more that, which you will hear her offer testimony about. It appears that the father's position that he wants custody to remain as it is; is that correct? MR. O'BRIEN: That's correct. THE COURT: All right. You may proceed. Whereupon, JENNIFER HAMMAKER, having been duly sworn, testified as tollows: DIRECT EXAMINATION BY MS. DEILY: Q Will you please state your full name. A Jennifer Hammaker. Q What is your address? 3 1 A 143 North Bedford Street. 2 Q Are you employed right now? 3 A No, I am not. 4 Q Are you receiving assistance from the county? , ,5 A Yes, I am. 6 Q You are the mother of Cody and Tyler, that are the ., two subject children here; is that correct? 8 A Yes, I am. 9 Q How old are t/1ey? 10 A Six and three. 11 THE COURT: Ma'am, you are going to have to speak 12 Up. I can hardly hear you. 13 THE WITNESS: Cody is six and Tyler is three. 14 BY MS. DEILY: 15 Q Who resides in your hou~phold? 16 A My fiance, Tim Armolt, my daughter Chelsea, our 17 son Austin, and his son Tim, and Cody and Tyler. 18 Q Now, what is your current custody situation that 19 you share with the father of the children? 20 A Week one I have them Wednesday -- week one, 21 Wednesday through Friday I have them 8:30 to 5:30 every day, 22 Wednesday, Thursday and Friday. 23 Q Okay. 24 A And the second week I have them Wednesday, 8:30 to 25 5:30. Thursday at 8:30 until Sunday at 5:30. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 .",." 18 19 20 21 22 Q So you have an alternating-weekend-plus situation, and then you also spend time with them during d particular time of the week, the first week? A Yes, I do. THE COURT: Is that pursuant to thi.s '95 order? MS. DEILY: Yes. THE COURT: Okay. BY MS. DEILY: Q Okay, now on the weeks you have custody from 8:30 to 5:30, where do the children spend their nights? A At their grandmother's. Q At the great grandparents of the children. A Yes. Q To the best of your knowledge they do not spend the nights with their father? A To the best of my knowledge; that's correct. Q Did you have a hearing to come to the order that is currently in pl~ce? A No, we did not. Q How did you come to arrive at an agreement for the shared custody? A We went to a conciliation and agreed to share it 23 between his grandparents and his dad and I. 24 Q Are the grandparents the great-grandparents, I 25 should say, of the children, part of the order? 5 .'\ 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 A No, they are not. a At that time you were represented by Legal Services; is that correct'? A Yes, it is. o What was your understanding would happen if you reached an agreement, as far as future'custody would be concerned? A That if I moved and had adequate room for these children, that I could go back. o To get primary physical custody? A Yes. o So you entered into an order at a -- THE COURT: Just a moment. (Sirens) BY MS. DEILY: o So at a conciliation hearing you entered into an agreement order. A Yes, I did. o When did you separate from the father of the children? A June 11th of '95. o '95. Okay. Had you had a prior period of separation? A Yes, we had. o And when was that? A In '92. 6 1 2 3 4 5 6 7 8 9 10 up, and there WaB a note on tho door stating that he had the boys and -- that's pretty much it. a Okay. And you filed a petItion, then, to have -- A Yes, I did. o -- to have a custody situation? A Yes, I did. o Now, why did you file for a modification of what the order is currently? A Because I believe I have adequate room for the boys, and they expressed their desire to be together. o Okay. Do you have the opportunity to have the kids together at school as ~ell? A Yes, I do. o We will get into that later, but that is one of the reasons you wanted to change the school of Cody; is that correct? l! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I did. o Now, you are also concerned that the children are spending most of their time with their great-grandparents and not their father. A Yes, it is. o Okay. Now, describe your apartment, your living arrangements? A I have a three-bedroom, kind of like a town house with a playroom upstairs, that could be adjusted to accommodate 9 6 7 8 '''', 9 10 11 12 13 14 15 16 i 17 18 19 20 21 22 23 24 25 1 my daughter when aha wants her own bedroom. 2 Q What are the curront sleeping arrangements for the 3 children now'! 4 A Tim Junior and Cody share a room, and my daughter 5 and Chelsea and Tyler share u room. 0 Whe re is your baby? Sleeps with you? A In my room, yes. Q Chelsea is the only girl? A Yes. Q How old is she? A Seven. Q She is your daughter to a prior relationship? A Yes, she is. 0 Now, if Chelsea does want to stay in another room, and not stay with a brother, you do have adequate room for her? A Yes, I do. Q What would that require for you to do in your apartment? A Just move her room. Tim and I would take the playroom, and the three kids would have the three bedrooms on the second floor. Q Okay. And the boys would share rooms at that point? A Yes. Q Are they in bunk beds? 10 "\ ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, they are. a Who is your landlord? A Terry Whitten. o And he owns the property. Is it a single family home -- A It's a single family home. Q How much do you pay in rent? A 460. Q Are you receiving any housing assistance? A No, I am not. o But you receive welfare money for that? A Yes, I do. o Now, also, your fiance is contributing to your household expenses? A Yes, he is. o Okay. Do the boys have friends in the neighborhood? ~ Yes, they do. o Describe what the neighborhood is like, where the kids have to play. A We had just gotten a swing set and connected my yard with my neighbor's yard, who Cody and Tim Junior often play with. So they have adequate room in the back. We have a church parking lot across the street that they go to to ride thei r bikes. 11 ) ,.,,1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I knew nothing -- 1 knew that they wanted him to go to Rice, but 1 knew nothing of his testing, nothing of the paperwork, nothing as far as enrollment goes. r am not on any of his emergency cards or anything. Q Are -- was it your intention to enroll Cody in Letort? A Yes, it was. Q Do you have -- does your daughter go to Letort? A Yes, she does. Q Does your fiance's son go to Letort? A Yes, he does. Q Ho~ far do you live from Letort? A About three blocks. Q Do you take them and pick them up from Letort? A On the nice days we walk, and on the other days my neighbors and I car pool. Q What do you have to do now to get Cody ready for school when he has to go to Rice? A On the weekends -- on the weeks that he goes back in the evening, I get him at 8:30, and we go straight to the school, but I have to get up and have my neighbor come to my house to watch my daughter and Tim Junior, while I take Tim Senior to work to -- I have a vehicle to transport Cody to and from school. Q So you only have one car? 13 ~'h, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. a Okay. But you usn your neighbor to help car pool on occasion? A Yes. Q But if Cody attended Letort, you would be able to walk him to school? A Yes, I would. o Along with his step-brother and step-sister? A Yes. Q Okay. Now, a~ far as the school is concerned, have you had involvement with Cody's teacher? A Yes, I have. Q Who is Cody's teacher? A Tammy Snyder. Q Since you were not there to enroll ,him in school, are you still kept apprised when there are parent/teacher conferences? A Yes, I am. I have asked his teacher to always make sure there are two copies of everything sent home with Cody. Q And she's been willing to do that? A Yes, she has. o Have you gone to parent/teacher conferences? A Yes, I have. o Have you seen Derek at parent/teacher conferences? 14 1 A Yes, I have. 2 Q And how did you become invol ved? 3 A The teacher approached me on my days that I pick 4 Cody up or drop him off. 5 Q And you tried to work out a solution to help Cody 6 if he ha'1 behavioral problems? 7 A Yes, we did. 8 Q Okay. What i.~ your understanding of where the 9 boys spend their time when they're in Derek's week of custody? 10 A At their grandmother's until Friday, and then they 11 are with their dad for the weekend. 12 Q When you take Cody to school or drop him off or 13 meet, do you have a pick-up point -- Yes. we do. -- for change of custody? Yes, we do. Who is usually there to pick up or drop off the 14 A 15 Q 16 A ) 17 Q .~ 18 children? 19 A 20 Q The great-grandparents. What is your understanding of what nights they 21 spend with their father? 22 A Friday until Sunday afternoon. 23 Q And then what nights are they spending with their 24 great-grandparents? 25 A Monday until Wednesday, when I receive them, and 16 .', 1 then every other week they stay until Friday with their 2 great-grandparents. 3 Q When you have to contact somebody regarding Cody 4 and 'l'yler, who do you usually ca 11 ? ^ The great-gr~ndfather. Q The great-grandfather? A Uh-huh. , Q Do you and Derek, the father of the child, speak 5 6 7 8 9 about concerns with school or -_ 10 A No, we don't. If there's a day, like a holiday 11 that -- just this past holiday we had to come to an agreement 12 because I was not going to receive them. I had called Derek. 13 Q Okay. And did you get -- you got in touch with 14 Derek regarding a change in custody? 15 A Yes, I have. 16 Q Is that unusual? 17 A Yes, it is. 18 Q So normally you contact the great-grandparents? 19 A Yes, I do. 20 Q Okay. 21 THE COURT: Did you say during the week they are 22 with their great-grandparents not grandparents. 23 THE WITNESS: Right. 24 THE COURT: Great-grandparents. ~5 THE WITNESS: Right. 17 1 2 3 4 5 6 7 8 9 THE COURT: Okay. BY MS. DEILY: Q Do you know what Derek's work schedule is? A No, I do not. a Do you get along with the boys' gteat-grandparents? A To an extent, yes, I do. Q Do you think there is any problem with the care that they are giving when the boys are in their custody? A No, I do not. Q Are you willing to let the boys continue to see their great-grandparents on a regular basis? A Yes, I am. Q If that's during the time that Derek is to have the children? A Yes, it is. Q Now, you had stated earlier that the boys had expressed that they wanted to stay with you? MR. O'BRIEN: Objection, Your Honor. THE COURT: Overruled. Your answer stands. Go ahead. BY MS. DEILY: Q What did they speak with you about? A My youngest son, Tyler, had said that he wanted to stay with his mom as long as he could still Bee his father and 18 1 I still let them see their grandparents -- their 2 great-grandparents, and Cody has said the same also. 3 Q Is it your understanding that Cody wants to go to 4 school with his step-sister and brother? 5 A Yes, it is. 6 Q Does he also have friends in your neighborhood 7 that attend Letort School? 8 A Yes, he does. 9 Q So Cody says he prefers to go there over Rice? 10 A (POSITIVE INDICATION) 11 Q What is your daughter's custody situation? 12 THE COURT: How old is he? 13 THE WITNESS: Six. 14 THE COUR'f: What' s his name? 15 THE WITNESS: Timothy Armolt, A-r-m-o-l-t, Jr. 16 THE COURT: That's the last name of -- 17 THE WITNESS: Tim Senior, yes. 18 THE COURT: Okay. 19 BY MS. DEILY: 20 Q You have a daughter Chelsea. 21 A Yes, I do. 22 Q How old is she? 23 A Seven. 24 Q What is her custody schedule? 25 A She goes to her dad's every other weekend. 19 1 2 a On the weekends that Chelsea and Tim Junior are with you, are Cody and Tyler with you as well? Yes, they are. Is it your preference to keep the children all 3 A 4 Q 5 together.? 6 A 7 Q 8 A 9 Q 10 A 11 Q 12 13 14 BY MS. DEILY: Yes, it is. And they all get along well? Yes, they do. And they could all go to school together? Right. Okay. THE COURT: Does the Armolt boy go to Letort too? THE WITNESS: Yes, he does. 15 16 17 18 19 20 21 22 23 24 25 Q Now, when Cody and Tyler have doctor's appointments, who normally takes them? A Either the great-grandparents or I. Q Okay. Do you keep them informed of when you have doctor's appointments for the boys? A I call them, after I take them, when they are in my care. Q Do they contact you when they have to take the children? A Normally if they end up on medicine, that's when I -- at drop-off and pick up. There is no contact in between. 20 ) 1 Q Do you h,~ve contact with Derek, the father, 2 regarding doctor's appointments? 3 A No, I do not. 4 Q Okay. Now, in the pre-hearing memorandum that was 5 prepared by the other side, there was some concerns that were 6 addressed, like you have addressed today. 7 One of the concerns that was raised is that the 8 boys cross unassisted in the middle of the street to play in 9 the church yard. Do they ever do that? 10 A There's about 9 out of 10 times there is an 11 older child or an adult at all times out there with them. 12 Q And they now have a swing set in their yard? 13 A Yes, they do. They have not been out front since 14 we put this in. 15 Q And the church is out in front of your street? 16 A Yes, it is. 17 Q Do you take the kids over there on occasion? 18 A Yes, I do. 19 Q There was also a concern that you leave the 20 children unsupervised when you go out. Has that ever happened? 21 A There was only one time that I can think of that 22 this was -- that this would be brought up, was the one time I 23 was right at my neighlor's and Tim Senior was passing the ball 24 with Tim Junior and Cody, and he had gone into to get a drink. 25 And Tim called his dad and told his dad that I was at Tammy's ., 21 and Tim Senior waR oUUddu, bill Ibuy WIlI'I 110/1 IlIltlllPUIVltllld. Like, we did not IOllve thorn illnlll'. Q Okay. Hall th'HO "VOl bltllll dnothl/t. lH:r'IHllon that you have left the chlldrnn wl.t.holll. .IIlY ildlllt? A No, tholo III not. o Thoro If! i11.~j(J i/llpt()per Ill/XUfll bohllvior balled on observations obtainlld in tho mot.hor'tl cust.ody. [1'1 there any improper sexual behavior thilt. you cfln th ink of ttlllt would ha',e been raised? A There WilS a Ilitlliltion wlth TUn .JunIor that he had gotten molllsted at his mothor'n 'Ind camo home, and he was very confused. We had Ilat all of tho dllldllln down ilnu we had explained, to t.he b'Hit. of what dlildron can undorstand, what a wrong touch iR and whnt a d'lht. tou~h iB. Who BholJld touch e.nd who shouldn't touch. o flilvn YOll t1vnr obllllrved t.he boys acting out in any improper behavior? A No, I havo not. o Okay. Thore wila also 1\ concern that the boys were being exposod to videotapos containing inappropriate content. Do they ever watch any X-rated Ilex movies? f\ No. Q Do thoy over wilt.ch a lot of violent -- f\ They lIke Bcaroy movIes, but they do not ever watch thom IIlono. Wn wiltch them together and we explain to 1 2 3 4 5 6 "/ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " I "1- . ~~ ~ 1 is that correct? 2 A Tha t ' s correct. 3 Q Are you looking for employment at all? 4 A I am going through SETCO to go to O. I.C. to get my 5 G.E.D. and computer training cl~ss. 6 Q When would you be taking classes? 7 A I would get my G.E.D. first, and that's only a o Saturday class, and I would either work around the every other 9 weekend schedule or work with my fiance. 10 Q Okay. If you wO'Jld get a job through O. I .C., what 11 type of hours would you be working? 12 MR. O'BRIEN: Objection, Your Honor. It calls for 13 speculation. 14 THE COURT: Sustained. It's very speculative. 15 BY MS. DEILY: 16 Q If you seek employment outside of the home, what .j 17 hours are you looking to work? 18 A I am -- just a couple hours in the evening that my 19 fiance could be home with the kids. 20 Q Okay. Now, what custody arrangements would you be 21 willing to work with? 22 A Every other weekend, plus Monday and Tuesday for 23 their great-grandparents. 24 Q So you would primarily like the children to be 25 with you throughout the week? 25 .,01) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And attend school at Letort? A Right. Q And you are willing to let the father have an alternating-weekend-basis plus, perhaps, Monday and Tuesday, if the great-grandpar&nts want to visit with the children? A Yes. Q As long as they are willing to take the kids to Letort7 A Right. Q Okay. Are you willing to allow Cody to finish the school year at Rice? A Yes, I am. a And then he would enroll in first grade in Letort in the fall? A Right. Q What grade are Chelsea and Tim Junior in? A First and second. o Okay. THE COURT: Which one is which? THF. WITNESS: Chelsea second, Tim Junior is in first. THE COURT: Okay. MS. DEILY: I have no further questions at this time. 26 1 THE COURT: Okay. 2 Let me ask one more question. Tyler won't be 3 going to kindergarten next year yet. 4 THE WI'rNESS: Right. It's two years. 5 THE COURT: In two yenrs he will be in 6 kindergarten. 7 THE COURT: Okay. Now, .Mr. O'Brien. 8 CROSS-EXAMINATION 9 BY MR. O'BRIEN: 10 Q Miss Carey, you made reference to the fact that 11 you wanted Cody to go to school with his brother. 12 A No, his sister. 13 Q He's not related to Tim Armolt, .Jr. , is he? 14 A No, not yet. 15 Q Not yet. 16 A We do have plans to marry in February. 17 Q February? 18 A Next February. We haven't set the date yet. No, 19 just February. 20 Q And in reference to Tim Junior, does he have any 21 problems? 22 A He has -- what do you mean, Any problems? I don't 23 understand. 24 Q Does he have any problems in school? 25 A YE.S, he does. 2'7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 a Does he requirF ~pecial help at home? A I work with Tim Junior just like I work with my daughter, but he -- I mean, he doesn't require any more than my daughter dOGS, who is a very bright little girl. Q So your daughter is a very bright little girl, and yet the records at the school would indicate that Tim Junior has a learning disability? A Yes, he does, but he -- Q Does your daughter have a learning disability? A No, she does not. Q Tim Junior does? A Yes, he does. Q So you have to spend extra time working with him? A We work all of the time, but I don't consider it work. I consider it as we are doing an activity. Q Now, you stated that 9 out of 10 times the I 17 children are supervised crossing the street? 18 A Yes, they are. 19 Q So that's 90 percent of the time. What about the 20 10 oercent when they are not supervised? 21 A They are together. 22 Q So -- 23 A They are with my daughter. 24 Q So? 25 A And if they go outside when my daughter is at 28 "l 1 school, I supervise them across that road. 2 Q So if we had a witness that stated she observed a 3 three and a half year old darting in front of traffic from your 4 home to the church yard; that would be in correct? 5 A If he had done that, I was not aware because there 6 was always people outside with him. 7 Q You say people. The police officer? 8 A There is a police officer that sits in the church 9 parking lot at times. I am not stating he is ther.e every day, 10 but he is there at times. 11 Q At times. When was the last time you saw him 12 there? 13 A Probably a month ago. 14 Q Now, you say that older children supervise the 15 boys in the church yard? 16 A Older children or myself or Tim. 17 Q Okay. Older children. Now, would Chelsea be 18 considered an older child? 19 A I am talking older, like my neighbor boy is nine, 20 and my other neighbor boy is seven, but two of them are 12, who 21 often play outside. 22 Q Do you pay these children to supervise the boys? 23 A No, I do not. They don't consider it a job. They 24 consider it playing. They are going to cross the street to 25 play. 29 1 Q So if they are playing, how are they supervising? 2 A Because they are watching them cross the street. 3 Q Do you know that th~ boys have reported that they 4 have almost been hit by cars in front of your home? 5 A To my knowledge, no. 6 Q Now, you say that you keep insisting that your 7 home has four bedrooms. A Our home has three bedrooms, and we made our attic into a toy room, which Tim and I would take as a bedroom, and give the children the three bedrooms. Q Well, your petition says that you have four bedrooms. That's incorrect. There are only three bedrooms in the home; is that right? A That's right, plus the toy room. Q The toy room is in wha t room? How do you get to the toy room? A Through the middle bedroom. Q Through the middle bedroom? A Yes. Q Is there a stairway that goes up there? A Yes, there is. Q According to the property records, your house has 806 square feet of space in it; is that correct? A I have no idea. I have never -- Q This is the sketch plan of the size of the house. 30 to 1 2 3 4 5 Could you show us where the rown9 are on the second floor? A Are you stating that this here is the attic? o No, I am stating this is the front of the house here. A Okay. This is the back of the house, here. Oh, well, they are on the second floor. Could you sketch out where the rooms are on the 6 0 ? Po. 8 Q 9 second floor? 10 11 12 me to do. 13 14 15 16 MS. DEILY: THE WI'l'NESS: Excuse me. Could I see a I don't understand what he is asking 17 18 19 20 21 22 23 24 THE COURT: Okay. Hold on. (Whereupon. Mr. O'Brien handed a document to Ms. DeJ,ly.) THE WITNESS: I mean, I can draw you upstairs, if that's what you would like. BY MR. O'BRIEN: Q You can draw me the upstairs, if that's what you would like, yes. A (COMPLIED) Q There is no door there, but there is a door on the bathroof)'l. Q Where is the front of the house? A Here. 25 31 ~ 1 Q A This 10 the front? YOB. 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 Yes. a And where do the stairs go up to the second floor? A To the bedroom, my room. o So the st~irs are here? A Uh-huh. o And then is this a hallway? A It goes -- when you go up the stairs, if you go to the right, it goes right into the second bedroom. And if you go from the second bedroom, it leads right into the third bedroom. Q So the third bedroom can only be gotten to by passing through the second bedroom? A Yes. Q And the first two, front two bedrooms, can be accessed from the hallway? A Yes. Q And then you are saying that there's a stairwell that goes up to the attic? A Yes, sir, there is. Q Is the attic finished? A You mean finished enough to make a room out of? 24 Q No, I mean finished. Does it have wall board on 25 the walls? 32 .) 1 No, it doeB not. A 2 Does it have any insulation? Q '" Q 3 No. Does it have any heat? 4 5 6 7 A No. Q Does it have any cooling for the summer heat? A No. 8 So it has nothing. It's just an open space? Q 9 Right. But I am not asking my kids to sleep in A 10 the attic, either. 11 How much head room is there in the attic? Q 12 My fiance can go up there and stand in the attic. A 13 Yes, it comes down like a house does. 14 But he can stand in the middle, and it slopes down Q 15 on the sides? 16 You can fit a bed and dresser in there. A 17 That's about it. Q 18 Why would you need more, if it's going to be an A '.9 adult bedroom? 20 Q With you on the third floor, you are going to have 21 five children ranging in age from seven to just over a year old 22 alone on that level. Is that what you are suggesting? 23 A Yes. They know where their mother' is, and T can J. 24 hear thflm at all times. 25 Q And if there were a fire in the home, how would 33 ....> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you exit from tile attic, ma'am? A Out the window onto the back porch. Q Do the children's proposed bedrooms on the second floor level here have windows? A The front one does, and the third one does. Q The secon~ room does not have a window? A No, it does not. MR. O'BRIEN: Could I have that marked, please. (Whereupon, ~laintiff's Exhibit No.3 was marked for identification.) BY MR. O'BR,!!!:!: Q Now, the drawing you have made has been marked as ~laintiff's Exhibit 3; is that correct? A Yes. Q Is that the label on it? A Yes. Q Are you familiar with the national -- BOCA National Property Maintenance Code, ma'am? A No, I am not. Q Would you be surprised to find that it is considered illegal to have a bedroom that is only accessed through another bedroom? A How could they make this house HUD approved if it was not 34 1 Q HUD approved would mean that it's got to be where 2 the state can come in and check it. Does it not? 3 THE COURT: She has answered your question. 4 THE WITNESS: My landlord -- 5 THE COURT: Hold on. I don't want YOIJ to get into 6 a hassle with her over the BOCA Code. Your position is that it 7 would be improper to trans fer tha t into a bedroom. You can 8 cite the proper cod~. 9 THE WITNESS: But there is also 10 THE COURT: Hold on, ma'am. 11 BY MR. O'BRIEN: l2 Q Have you ever received citations for not having 13 the children properly belted in your motor vehicle? 14 A Yes, I have. 15 Q How many times? 16 A Twice. ) 17 Q You had Cody placed in counseling at Helen Steven .,. 18 Center; is that correct? 19 A Yes, I did. 20 Q Why was that? 21 A To better our relationship with Cody, and to find 22 out why he gets so frustrated. 23 Q He would strike out and kick and act out while he 24 was in your home'? 25 A When he .is mad. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Did you evur talk with the father about that? Yes, I did. No, actually I talked to his mother because she's the one that called me. Q Did you talk with the father about the fact that you were bringing Cody into counseling? A Yes, r did. I made him aware that he could call and find out about the sessions. He could even go and have a play session with Cody. Q Were you aware that the behavior that Cody was exhibiting in your home was not being exhibited in his father's home? A No. Q How many times did you attend counseling sessions with Cody? A About six. Five or six. I am not sure. o Does he -- A I am not stating that Cody lashes out every time he is angry. It was also to better our relationship and help him understand what was going on. Q Now, before you separated from Derek -- and the reason you separated was because you started an affair with Mr. Armolt? A No, that is not true. Q Well, when was your son Austin born? A In December. 36 1 Q And when was he conceived? 2 A I am not sure. 3 TilE COURT: Wait. Wait. Which son are we talking 4 about? 5 THE WITNESS: Austin, our chi l.d. He is a year 6 old. Austin was born in Decembe r . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Hold on. MR. O'BRIEN: 11m sorry, Your Honor. THE COURT: So this is anoth~r child living with you. I missed that. You lived with Tim Armolt Senior. Right? THE WITNESS: Uh-huh. THE COURT: And then you have two sons, a daughter Chelsea. THE WITNESS: THE COURT: Right. And Timothy Armolt Junior lives with you. THE WITNESS: Right. THE COURT: You have a child by the name of whom? THE WITNESS: Austin THE COURT: When was he born? What date? THE WITNESS: December 28th. THE COURT: '96? Last year? TilE WITNE:iS: '95. He was also a month early. THE COURT: Okay. Continue. 37 1 ~Y M~. O'BRIENt 2 Q Now, you said that you separated from Derek in 3 June of 1995. Right? 4 A Yes, I did. 5 Q And the boy Austin was born in December? 6 A Yell. 7 Q Is Mr. Armolt the father of that child? 8 A Yes, he is. 9 Q And that.'s because you were conducting an affair '..,,) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with him while you were married and living with Derek? A Yes. Q Now, about these scarey videos that you allow the boys to watch, li~e Friday the 13th, I believe your attorney asked. A Q A Q A Q A Q acceptable A Q Child's Play is their favorite one. Child's Play? Uh-huh. What other scarey movies do you have them watch? They like Freddie Kruger. Uh-huh. These are shows that are also shown on TV. So anything that is shown on TV you consider to be I am not saying -- -- viewing for your children? 38 .' ~ j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A [am not saying it's acceptable for -- I don't find that child's Play -- Child Play, to me is like a Goosebumps, and my fiance and [ sit down and tell these kids that -- Q Mil' am, do you rent v,ideos and bring the;n i.nto the home so these kids can watch these scarey movies? A Yes we do. Q So the Freddie Kruger movies have heads being chopped off and limbs being severed and blood and gore A Yes, we feel even thQugh these kids -- Q Ma'am, would you please -- THE COURT: Don't tell her -- she has told me her theory on these movies. I understand her theory. Next question. BY MR. O'BRIEN: Q At that same video store can you not rent gentler movies, Disney movies? A And we do that also. They have seen that new little duck one that is out, the geese one where they fly home. They have seen James and the Giant Peach. They have seen Oliver. They have seen -- there is not a movie in there they haven't seen. When we go in there, we are usually in there for a very long time. ..nd lately it's been Nintendo games that we rent. Q Now, before you and Derek separated, did you, 39 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yourself, utilize Mr. And Mrs. Gonzales to care for the children? A i have used them as a baby-sitter knowing that r would get them back, yes. I am not stating that these are bad people. Q And they spent a great deal of time at their great-grandparents' home; is that correct also? A Tyler has, yes. Q And it's your understanding that the boys are spending the evenings there, and not at their father's home? A That is what they are telling me, yes. Q Do the boys tell you who lives in the home with their father? A Julie and her child. Q And when did the boys tell you that Julie and her child moved into the home? A Before Christmas. I had never met Julie 30 I don't know who she is. Q Did you ask if the Gonzaleses could assist you in getting the boy back and forth from Rice Elementary? A This year, yes, I have. Q And did they willingly agree to help you out if you had a problem? A Yes, they have. Q Now, you and your husband, before you separated, 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o Now, Derek's lather doesn't live in the area. Right? A No, he does not. Q And on occasions when he is coming through town, have you been contacted to Bee if you would give or trade time with the boys so they could Bee Derek's father? A Yes, I have. Q And most recently you wouldn't permit him to see the boys by A Most recently Derek and I had gotten into a very big argument on the telephone over the schedules and what they were and everything because he wanted to take the boys to where I could not see them until after Cody got off of school. That to me -- he just keeps taking my time. Q He wanted to switch times with you, did he not? A Which at the beginning of the conversation was not a problem, but when we are going to argue and argue and argue on the telephone, then it is a problem. Q Now, you were testifying when your attorney was questioning you about your ability to talk with Derek and, in fact, both of you argue with one another. A. Yes, we do. Q So that's why you don't talk much about this. Right? A We don't talk. 42 -.--... ,) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You don't talk? A Well-- Q Occasionally? A Unless we have to. Right. Q So that the way of exchanging information in regards to the boys is done through the grandparents or the great-grandparents; is that correct? A Yes, it is. Q So Derek tells them to tell you and vice versa? A No. If I have a problem, that is who I would contact because r know that they can find their -- or contact Derek a lot faster than I could. Q Who drops the boys off at their home? A What do you mean? We don't go to Derek's home. My fiance takes them to tho drop-off point. Q So it's your fiance that brings the boys to the exchange point? A Uh-huh. Q You don't do that? A NQ, r do not. Q So if it's determined that the boys are not spending the evenings at their gra~dparents, great-grandparents' home, rather, but living at their father's home, would you be satisfied with the current arrangement? A No, I am not. 43 <.#~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I air. not expect inq to support myse1 f. I have a fiance who works anywhere from 40 to of 60 hours a week, who makes a great contribution to our home. THE COURT: What's the amount of your assistance, ma'am? THE WITNESS: Excuse me? THE COURT: What is the amount of your assistance? THE WITNESS: 248.50 twice a month. THE COURT: 248.50 twice a month. THE WITNESS: Yes. THE COURT: Do you get food stamps? THE WITNESS: Yes, I do. About $100.00 a month. THE COURT: One hundred a month? THE WITNESS: Right. THE COURT: Go ahead. BY MR. O'BRIEN: Q Is the assistance office aware that Mr. Armolt works 40 to 60 hours and has a substantial pay range? A Yes, they are. I have to turn in every pay stub from Tim Armolt. Q Now, you testified you don't know Derek's work schedule A No, I do not. Q And you attribute the boys' ucting out in a sexual manner to Tim Junior being molested while at her mother's home? 45 1 MS. maLY: 2 that. 3 TilE COURT: 4 BY MRr O'BRIEN! 5 Q Did Derek ObJectinn. She did nat testify about Sustained. Noxt question. have guns in the home when the two of 6 you were married? 7 A Yes, he did. It's always been a concern. It's 8 not something new. It was new when my son tells me that he is 9 allowed to be around his father when these guns are out, and 10 when he is cleaning them or doing I don't have a gun so I 11 don't know what you do with them. 12 Q And Mr. Armolt doesn't have a gun or hunt? 13 A No, he does not. 14 Q Did you know that Cody told his father that there 15 is a pistol at your home? 16 A There is absolutely no guns in my house at all. 17 MR. O'BRIEN: I have no further questions. 18 THE COURT: Any redirect? 19 MS. DEILY: Just a few. 20 REDIRECT EXAMINATION 21 BY MS. DEILY: 22 Q I want to get through your home situation. Were 23 you aware that there are any code violations and, in fact, if 24 there are any? 25 A No, I do not. I would like to address the first 46 1 bedroom marked as number one is large enough to sit a set of 2 bunk beds, plus a single bod. If I am in violation of the law, 3 then I would put Tim, Cody and Tyler in this bedroom, that they 4 would not be in the attlc. 5 But r am under the impression that my landlord 6 accepts HUD. If I were to be on HUD, she would accept that and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 I thought these homes had to be government regulated to some extent. Q And it was your testimony that you are not placing any kids up in the attic? A That's right. Q And right now that's just a consideration, in the event that Chelsea gets older and wants her own room? A But I am also not stating that 5 to 10 years from nm' -- we rent. And nothing is ever etched in stone. I am saying, yes, we plan on staying here. THE COURT: Oh, okay. Hold on. Next question. BY MS. DEILY: Q Has Derek ever come to your home to see what it was like? A No, he has not. Q Has he ever expressed concern to you what type of bedroom situation is there? A No, he has not. Q And have the great-grandparents come to your home 47 ~ 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to observe? A They have come to the front. Q Have they asked to come inside to see the rooms? A No, they have not. o Have they expressed a concern of theirs in the past? A No, they have not. Q Now, Mr. O'Brien asked you about a s~at belt violation. When was that? A I had gotten one -. well, actually they had pulled me over because a mirror was broken in my car, and they had also stated that I had a child safety seat problem, but that citation would be dropped. Q How long ago was that? A A couple months. I am not really sure. Q Was it the Carlisle Borough Police? A Yes, it was. Q And did you have a child safety seat? A Yes, I did. Q Now, you were asked questions regarding counseling sessions that you set up at Helen Stevens. Did you primarily set those up be~ause Cody was having problems with aggression? A That and to let him know that I am still his mom, and everything that is going on will be okay, and he will still have a mom and a dad, and everybody still loves him. 48 ~ . 16 I 17 '..~ 18 19 20 21 22 23 24 1 Q Did Cody seem to do well at those counseling 2 sessions? 3 A Yeah, he did real good. 4 Q And you and Cody have a good relationship? 5 A Yes, we do. 6 Q And Cody has expressed with you that he would 7 rather live with you primarily; is that correct? a A Yes, he has. 9 Q Now, it was your testimony that you don't have a 10 problem with the care that the great-grandparents give when the 11 boys are in their custody; is that correct? 12 13 A Correct. Q And that you don't have a problem with them 14 providing assistance, if that would help Derek, is that 15 correct? A Correct. Q Okay. And you yourself have a support system. Your mother would ~e able to help out with the kids? A I have not exactly asked my mother, but I have Tim and I have his family, and my neighbor and I are very good friends, yes. Q So you rely on other people for a support system? A Uh-huh. Q But you feel that the boys want to be spending 25 more time with you as opposed to Derek or the grandparents? 49 , ) ") 1 2 3 4 5 6 A Hight. Q Okay. MS. DEILY~ I have no further questions. THE COURT: Any redirect? RECROSS-EXAMINATION BY MR. O'BRIEN~ 7 0 In regard to your mother, she is not part of the 8 support system; is that correct? 9 A Not since I have been 11 ving with Tim, no. 10 Q And who is your support system? 11 A Tim and his family. She is still my family. She 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is still my mother. I don't see her very often. I have a wonderful neighbor and I have friends. Q Now, you were made aware of this housing situation. According to a conciliation conference report, that was an issue that was brought to your attention at that time; is that correct? A What do you mean? That my two-bedroom apartment was too little? Q No, as of when you got together Witll Mr. Gilroy most recently? A Mr. Who? Q Mr. Gilroy. The conciliation conference before we got this hearing scheduled. A Right. 50 , . ' 1 Q Okay. Well, it was br.ought to your attention that 2 moving two more children -- you would hav8 seven people -- in 3 your home was inappropriate? 4 A No, I Wi~S not told that. I was not in that 5 conference room at that time. 6 Q Did you review the order? The report? 7 A No, I have not. But I feel if a person has six 8 children, they can't get a house that has six bedrooms, either. 9 Somewhere along the line you have to double up. 10 Q What you are suggesting to the Court now is that 11 hp. change this custody arrangement, and the boys ~ome live in 12 your home, and there be seven people living in three bedrooms? 13 A Plus the downstairs, plus the outside. I mean, 14 it's like any other house. If they live at Derek's house they 15 do not only live in his house, they live in his yard, his front 16 yard. 17 Q Okay. That's all I am asking about. 18 MR. O'BRIEN: That's all I have, Your Honor. 19 THE COURT: You may step down, ma'am. Take a 20 break and reconvene at 10:00. 21 (Whereupon, a recess was taken from 9:50 a.m. 22 until 10:03 a.m. ) 23 THE COURT: Have a seat. Next witness. 24 MS. DEILY: Tim. 25 THE COURT: I forgot to ask, ma'am, how old are 51 1 you'l 2 THE DEFENDANT: Twenty-six. 3 THE COURT: Go ahead. 4 Whereupon, 5 TIMOTHY J. I\RMOLT, 6 having been duly sworn, testified as fol.lows: 7 DIRECT EXAMINATION 8 BY MS. DEILY I 9 Q Would you please state your full name for the 10 record. ',) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 week, 1\ Timothy James Armolt. Q Where do you reside? 1\ 143 North Bedford Street. Q You are the fiance of Jennifer Carey~ A Yes. Q Where are you employed? A Union Quarries. Q What is your job title? A I drive truck. Q Approximately what is your income per week? A It varies, 40 hours per weeks, $200.001 a 60-hour it is three and a half. Q Are you hourly or salaried? A Hourly. Q What do you make per hour? 52 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q And that alBo Is tho sarno weekend that ChelBea, Jennifer'B daughter, il:l I:lpendlng with her father'l A That is corroct. Q And Cody and Tyler, the bOYB that are the subject of this hearing, are Bpending with Derek or their great-grandparents? A Correct. Q So there are times when there are only three of you in the house? Correct. Okay. And you provide your support for the A Q family? A Q A Q A Q Yes, I do. You combine your income -- Yes, I do? -~ to help pa~ expenses? Yes, I do. Do you have a good relationship with Cody and 19 Tyler? 20 A 21 Q 22 A 23 Q 24 the boys from 25 that right? Yes, I do. Do they get along with your son, Tim Junior. Yes, they do. You have had the opportunity to take or pick up pick up the boys at the drop-off point; is 54 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 . ) 17 18 19 20 21 22 23 24 A Yes, I do. o Is that your vehicle that you ana Jennifer have? A Yes, it is. Q And you are willing to continue to provide the shuttling back and forth i~ need be? A Yes. o Did you have involvement with the boys for baseball ? A Yes, I have. I was assistant coach of a tee ball team, and older son, Timothy Junior, I supported him in football. Cody was not old enough to play. Q Was Cody on your tee ball team? A Yes, he was. Q Do you play with him and throw balls with him? A Yes, I do. Q The same that you do with Tim Junior, the boys all play together that way? A The boys all play together. o Okay. Now, you had heard questions that were addressed to Jennifer regarding Tim Junior having a learning disability. Can you briefly describe that? A He has a learning disability. He is a little slow. He shouldn't have gone to kindergarten at an early age. He is having trouble. They put him in special classes in first 25 grade, but it is only for a half day, and the other half day he 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in the movies. Q And you and Jennifer are present when the boys are watching the videos? A Yes, we are. Q You allow Tim Junior to watch the same type of scarey movies? A Yes, I do. Q How about other friends in the neighborhood that come over? A The neighborhood boy comes over and watch the movies too. It is just like friends all come over and watch the movies together. Q Okay. Do you ever take the boys, your son and Cody and Tyler over to the playground? A Yes, I do. We go to Letort ~ark. I let them play on the swings, and they ask me to play ball. So we practice our tee ball practice right there. Q At Letort Park? A At Letort Park. Q What time of the year is tee ball played? A It starts in March, March and April. They all sign up, and then I guess in May, is when the,season starts moving along. Q How often is practice? A About two hours long every -- the gamp starts at 57 ".,' 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 6:00 and it onds at 7, about an hour. Q Every evening practice or a couple of evenings a week? A They practice on Saturdays. Q Okay. A And then one game out of the week. ' Q Now, if you involve Cody in football this year with Tim Junior, what type of practice hours would that be? A Every night, every evening. Q Okay. A And on Fridays they cut them a break, they practice an hour. Q Are you going to be helping out with coaching for football? A Yes, I am. Q You are going to help COdy in football this coming l2 year? A Yes. Correct. Q If he is living with you, primarily, would you have him continue to go to football practice on these evenings? A Yes, I would. Q And when are his football games going to be? A Excuse me? Q When are the football games going to be? A They are on weekends. Only Saturdays. Only on 58 1 Saturdays. 2 Q 3 Letort? 4 A 5 0 6 A 7 go in and 8 him wor.k. 9 Q Ar.e you involved with Tim Junior in school at Yes, I am. And you go to visit with his teachers and are -_ I went to every conference. Once in a while I can sit in the classroom while he is in school and watch Are you satisfied with the education that he is 10 getting with Carlisle School District? 11 A Yes, I am. I am very satisf.ied. 12 Q Is it your opinion that Cody and Tyler in 13 attending Letort would get the same type of education? 14 A 'rhey sure would. 15 MS. DEILY: I have no further questions. 16 THE COURT: Cross. ) 17 CROSS-EXAMINATION 18 BY MR.. O'BRIEN: 19 Q Did you discuss Cody's play~ng football with 20 CodY'd father? 21 A No, I haven't. Not yet. 22 Q Would you consider that to be appropriate to enter 23 into discussions if that's your plan? 24 A Yeah, I will discuss it with him. I have no 25 problem with that. 59 ,.~) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o Did you disclIs/J the tee ball partJcipation with his father? A No, I haven't. Q Now, in regard to your position, you say that you work up to 60 hours per week? A Yes, I do. In the summertime I work 60 hours a week. Q Through the summertime? A Through the summertime. We just now went off the whole way up until November is 60 hours a week. So we all got caught up on snow plow. They gave us a break. The weather is getting nice again, and we will probably go back to 60 hours. Q So the 60 hours is from when to when? A 6:30 to 6:30. We start a 6:30 in the morning to 6:30 in the evening, and then [ go straight to tee ball practice right from there. Q How long have you been a coach? A Two years. This is Timmy's third year in tee ball and Cody's -- it will be his second year. Q Now, in reference to -- you've been divorced twice, according to the records at the courthouse here. A Correct. Q And you've just recently became divorced from your second wife? 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ Correct. Q And the records down in the Prothonotary's Office would indicate that you intended to marry Jennifer as soon as you got your divorce? A I'll marry her. Like we suid, we want to plan it out this time and make everything work. Q What makes you think that this marriage is going to be more successful? MS. DEILY: Objection. THE COURT: No. No. No. We are not getting into that discussi0n. Next question. I know some lawyers that are on their fourth marriage and that seems to be working. MR. O'BRIEN: You've heard me asking Jennifer, asking questions about bedroom arrangements, and one does not have a window to the outside. Are you concerned that house might be -- THE COURT: Hold on. Just answer the question. What is the question? BY MR. O'BRIEN: Q Does the middle bedroom not have a window? A It does not have a window. Q Now, on the first floor, how is the first floor laid out from the front of the house -- A As soon as you walk in the door is the living room, then you go into the dining room, ~traight into the 61 - 1 kitchen, and at the back door you go out to the backyard. 2 Q Does the kitchen have a window? 3 A Yes, it does. 4 Q Does the 11 ving room have windows? 5 A Yes, it does. 6 Q And the dining room 7 A The dining room has a window. 8 0 Does that window look out onto an alleyway? 9 A No, straight to the backyard. 10 MR. 0' BRIEl~: I have no further questions. 11 MS. DE IL Y: Just one follow-up. Did you sign Cody 12 up for tee ball or did Jennifer? l3 THE WITNESS: Jennifer signed him up for tee ball. 14 THE COURT: You may step down. Next witness. 15 MS. DEILY: Your Honor, I have no further 16 witnesses other than I would request that you speak with the 17 boys in chambers. THE COURT: Okay. What's the oldest boy here? 18 19 Six? 20 21 22 23 24 boys. 25 MS. DEILY: Uh-huh. THE COURT: How old is the other one? MS. DEILY: Three. THE COURT: Okay. I will take a look at these Now, Mr. O'Brien. MR. O'BRIEN: Okay. Derek. 62 ) A Q A that day. Q that show? A 13 Q How many bedrooms does your home have? 14 A It's a three-bedroom ranch home. 15 0 And ~laintiff's Exhibit 6, what does that show? 16 A That's the swing set that I bought for the boys in 17 the summertime. It. was actually a birthday present for my 18 19 20 21 22 23 24 25 youngest child, Tyler. Q And what summer did you buy it? This past summer, '96? A Yes, it was just this past summer. Q And Plaintiff's Exhibit Number 7 is then -- what does that show us? A That is the backyard of my house from where thb fence is. The fence would be right here at the line of the 64 1 2 Springs. 3 4 5 6 7 8 9 get off. A r work for E.S.C. Roofing, and that's in Boiling Q How long have you been working for that company? A Eight months. Q What is your position with that ccmpany? A I am the foreman. Q What hours do you work? A Usually a ten-hour shift. Ie's 8 'til whenever we It's really hard to say what time I get off work in 10 the fi!venings. 11 Q And what hours does Julia work? 12 A She works 8 to 4. 13 THE COURT: Set days? 14 THE WITNESS: She works Monday through Friday 8 15 to 4. 16 THE COURT: Okay. 17 THE WITNESS: And I work Monday through Friday, 8 ,"_I 18 until -- it's usually 6: 00, but I can't say that definitely 19 because we might work overtime. 20 21 company? 22 23 24 25 MR. O'BRIEN: How how much do you earn at the THE WITNESS: 9.50 an hour. THE COURT: I'm sorry. How much? THE WITNESS: 9.50 an hour. 66 ) '...... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. O'BRIE.!'!.: Q Do you receive any public assistance of any kind? A No, sir. Q Now, your ex-wife testified that the boys, dur.ing the work week, live with your grandparents/ is that correct? A No. Q Where do the boys live and sleep during the time that they are in your custody? A When they are in my custody they sleep and stay with me at my home, 1622 Walnut Bottom Road. Q Was there a time period where your work schedule was different? A Yefl, sir. Q What was what had your work schedule been? A It was 7 to 7. Q And what company were you working for at that time? A Knobco (phonetic) Supplies. I was driving a truck at that time. Q During that time, did you and the boys spend time at your grandparents' home? A Yes, sir. We spent three days a week, Monday through Wednesday at my grandparents' house, and I'd spend the nights there with them. Q And why did you have that arrangement? 67 1 A It was convenient so that I didn't have to get up 2 early for the boys because I had to be at work by 7 and tnat 3 was In Mechanicsburq, so that':s a little longer of a drive than 4 what I have now. r felt it was in the best interest of the 5 boys that we all spent the evenings with my grandparents. 6 Q In regard to that job, when did that job end? 7 A That job ended December of '96. 8 Q Decembl"!r of -- 9 A ' 96. 10 Q Okay. That was just a couple months ago? 11 A I guess it was. 12 Q Now and subsequent to that job ending, had you had ,. 13 any reason for the boys and y~u to stay with your grandparents. 14 A No. There was no reason unless the boys would 15 like to. I don't have any problems if they would want to stay 16 with their grandparents. If they want to, that's fine with me 17 unless -- weather permitting. I know with the snow just 18 recently, the weather the roads were bad. I'd prefer the 19 boys to stay up there so I don't have to go up the mountain, 20 and so that there is no accidents or anything involving the 21 children my grandparents and myself. 22 Q Where do your gr.andparents iive? 23 A White Rock Acres -- 24 THE COURT: You are not talking great-grandparents 25 now, you are talking grandparents now? 68 ,,) 1 THE WITNESS: My grandparents. 2 THE COURT: So we are taiking about the boys' 3 great-grandparents. 4 THE WITNESS: Yes, sir. 5 THE COURT: Your grandparents live in White Rock 6 Acres. 7 THE WITNESS: Yes, sir. 8 'rHE COURT: Is that the Gonzaleses? 9 THE WITNESS: Yes, sir. 10 THE COURT: Okay. 11 BY MR. O'BRIEN: 12 Q Now, Derek, from the time that the boys were born 13 to the present time, could you outline the relationship that 14 they've had with their great-grandparents, the Gonzaleses? 15 A The -- from the time that they've been born, they 16 have been very close to my grandparents, the boys' 17 great-grandparents. 18 When I was working, Jennifer would take them up 19 throughout the day, that was a normal routine for her to spend 20 most of the day with my grandparents, and they would watch the 21 boys, if Jennifer had to do her running. 22 Q Heve the Gonza1eses always been cooperative in 23 assisting Jennifer and you with the boys? 24 A Yes. My g.:andparents, they would do anything to 25 help me or Jennifer if there was a problem with, you know, the 69 1 A Yes, she sees them on the weekends that I have the 2 boys, every Saturday morning till 2:00 in the afternoon. 3 Q What kind of activities do you do with the boys 4 when you have custody of them? 5 A We pl~y games. The boys -- both of the boys like 6 to go out in the backyard, play ball, football, baseball, play 7 on the SWing set. And I know last summer, it's a little hard 8 to do with weather permitting. This time of the year we like 9 to go to the zoo. We went to the Philly Zoo. We went to 10 Hersheypark. Different places, you know, to get the kids to 11 see different things. 12 Q What kind of food do the boys like? 13 A Both of the boys, of course, like pizza but -- 14 THE COURT: Wait a minute. Are they healthy? 15 Does everybody agree they are healthy? 16 MR. O'BRIEN: That's correct. . ) -" 17 THE COURT: Do you agree? 18 MS. D~ILY: Yes. 19 THE WITNESS: Yes. 20 THE COURT: Okay. Stay off it. 21 BY MR. O'BRIEN: 22 Q Now, the movies and television watching that's 23 done in your home, could you tell the Court what your thoughts 24 are on those matters. 25 A My thoughts on the television with the mother, I 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ..~,11 17 18 19 20 21 22 23 24 25 have seen the movies that Jennifer has stated, the Chuckio, the Nightmare on Elm Street. They are violent, gory movies with killing. And I know for a fact that the youngest boy -- I've heard him saying, I will cut your throat, when he gets upset. And that, in my outlook, is from the movies. I don't have cable or anything so we have a lot of movies that we have bought. We own Disney movies. And the boys constantly watch like the Lion King. There's a couple favorites that r.hey watch constantly. Q Do you ever permit them to watch horror shows? A No, sir. Q There were concerns about the boys eXhibiting inappropriate sexual behavior? Did you observe that? A Yes, sir, I have. Q Can you tell describe to the Court what you observed, and what the boys were saying about that? A I was observing in the bathtub. Tyler was touching Cody in his private parts. And I asked Cody what he was doing. And he said that he was just playing with his brother. And I asked him, you know, that's something that you don't do, that you don't play with other people's private parts. And I wa5 wondering if he's seen this on television or if he's seen this from somebody else. And Cody said that he's seen his mom doing this with Tim. Q Now, in reference to the home situation, you've 72 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 never been in Jennifer's home? A No, sir. Q You and Jennifer don't get along? A No, sir. Q If any information has to be exchanged about the boys, how have you and Jennifer arranged that exchange? A There's times that if I would need to speak to Jennifer, I would call her. I am not saying every time her and I speak it's an argument. We can be reasonable. But most of the time she does call my grandfather because in my outlook I think she prefers to talk to him instead of me. Q Are you concerned about the boys' safety when they are in their mother's care? A Yes, sir, I am very concerned about the safety of both of my boys. Q Did anything happen in the past with your children when you were at work where they were injured? A Yes, sir, there has. Q Could you tell the Court what happened? A Chelsea is not my daughter, but I have raised her from six months old, but shed a broken arm under Jennifer's care, out playing, when we lived in a trailer in Dillsburg. Also the same thing happened to Cody from wrestling around with the older kids in the trailer park. Q When you bought your home in South Middleton 73 ) .- 1 Township, what considorations ,lid you and Jennifer give to the 2 school system? 3 A South Mlddleton School District, Jennifer and I 4 both were concerned on what school to send the children. We 5 both went to Mechanicsburg, and I went to Northern. Also, we 6 didn't want the boys to go to the same school we went to. We 7 would like to get them into a different school. 8 We looked into Boiling Springs being a smaller 9 school and the graduation -- the amount of people graduating 10 and going to college from Boiling Springs was very high. So we II both agreed that we would like to get a house in South 12 Middleton Township. That was one of the main concerns, why I 13 lived there, and why she lived there also in the house we l4 bought. 15 Q What school district do your grandparents live in? 16 A My grandparents live in Monroe Township, which is 17 Cumberland Valley School District. 18 Q So the reason that Rice Elementary was selected 19 was because that's the township that you are in, and that's the 20 appropriate school district? 21 A Yes, sir. I am in South Middleton Township and, 22 of course, that's where the boys iive. That's where I signed 23 them up for school. 24 Q Jennifer is concerned about your having guns in 25 your home. Could you explain, if you have guns, how you 74 1 maintain and keep them? 2 A Yes, I do have guns. I have two shotguns Bnd I 3 have an archery -. a bow, and they are both under lock and key 4 on my personal key chain. There is no way of getting to them 5 without getting the key to get in. 6 Q Do you ever clean the guns or do anything with 7 those firearms when the boys are p~esent? 6 A No, sir. I clean the guns right after I go 9 hunting, and that's usually at my best friend's house because I 10 hunt with him. That's all done without the presence of the 11 children. 12 Q Have you brought the boys or Cody into the woods 13 and discussed hunting arrangements? 14 A Yes, sir, I have. The only one I have done that 15 with is Cody, the oldest one. I have taken him back behind my 16 grandparents' house, which is up in the mountains. I took him 17 for a walk to show him different signs that deer make, and a 18 different spot that maybe I could go maybe later on at another 19 time. 20 It was just Cody. And he wanted to do it. Cody 21 is very involved with me hunting, and that's something he 22 wishes to do when he gets older so he can be with his dad, go 23 hunting together. I didn't feel that there was any harm being 24 done to Cody if I would take him and show him different signs 25 of animal activity. 75 ) b... 1 Q Did he seem to enjoy that 7 2 A Cody, yes. Cody, he Ii kes animal s. He loves 3 seeing deer at my grandparents' house. Usually when we drive 4 around, that's something that we do in the evenings is look for 5 deer in the fields. That is one of the family things that we 6 do all together. We like to go spotting. 7 0 In regard to the sleeping arrangements in your 8 home, could you tell how the three boys, Dominic and your two 9 boys are arranged? 10 A Yes. I have a three-bedroom house. They are 11 lined up together so there is three bedrooms right into a row, 12 and our bedroom is the middle bedroom, Dominic's got the far 13 room, and both of the boys share the largest room in the house 14 as far as bedroom-wise. 15 Q Have the boys expressed to you a preference as to 16 which home they want to live in? l7 A Yes. My oldest son is -- he gets very emotional 18 when the subject is brought up about living with his mother, 19 and I know it's been stated from Cody that his mom asked him 20 quite often, Wouldn't it be nice to live with your mom? And 21 that upsets Cody. 22 I have had to sit down many of times to tell Cody, 23 You live with your daddy, you know. You always see your mom. 24 Your mom is your mom, and you know it's something not to get 25 upset and worried about. ,..... ) 76 -~ ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 .,) Q Now, are you able to interact with the school teacher and the school system, with Cody being in kindergart~n at the present time. A Um, it's difficult for me to get involved during the daytime due to my job. I did have taking Cody to school I met his teacher and spoke with her, but that was during a rain day, that was something that I didn't have to be at work at the time, an 8:00 time, because of the weather. And I took him to school before I dropped Tyler off at their grandma's before I went to work. Q When you are at work, then, what arrangements in regard to Cody do you have to ensure that he gets to Rice Elementary on time and gets picked up and cared for? A My grandparents, the boys' great-grandparents take them to school or Cody to school in the mornings and pick him up after school, and they bring him, they usually take him out to dinner, and bring him back home and wait until I get off of work. Q How do the boys get to their great-grandparents' home? A I drop them off in the mornings. Q About what time do you drop them off? A Between 7 and 8 or 7:30 and 8. I'm sorry. Q Why are you opposed to Jennifer's wanting to spend more time with the children? 77 11 12 13 14 15 16 17 ....' 18 19 20 21 22 23 24 25 1 .n. [fear that my boys are going to 'let hlJrt. I am 2 very concerned. [know the playing arrangements that goes on 3 over there, that Cody has spoken to me about, about playing in 4 the streets and across at t.he church parking lot. 5 There's been several times Cody said Tyler's been 6 beeped at from cars, and my fear is that -- I am very concerned 7 that it's -- what's going to take place, for somebody to get 8 hurt before they realize that this is a bad arrangement for 9 them boys. 10 Q So it's my understanding as I indicated to Judge Bayley, is that you're satisfied with the current arrangement, but you just want Jennifer to be more careful in supervising the boys when they are in her care? A Yes. MR. O'BRIEN: THE COURT: MS. DEILY: paying your legal bill? MR. O'BRIEN: THE COURT: I have no further questions. Cross. Mr. Hammaker, are your grandparents Objection, Your Honor. Sustained. CROSS-EXAMINATION BY MS. DEILY: Q What is the last time that Cody and Tyler spent with their great-grandparents. A Just this past Tuesday night. 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~,.J 17 18 19 20 21 22 23 24 25 Q This past Tuesday? A Yes, ma'aJn. Q How about before that? A I would say three weeks ago. Q Okay. And then is that what? Overnight? A Yes, it was one overnight. , Q So it's your testimony that the boys have not been staying with their great-grandparents on a regular basis for the last few months? A That's correct. Q They spend every night with you A Every night that I have custody of the boys they are in my care, yes. They are at home with me. Q When was the last time that you and the boys lived or spent nights at your great-grandparents? A That was when this all first happened, back in '95. Q In September of '957 A Yes, when this first happened, when the arrangements, custody arrangements, were first settled in the reconciliation, that's when this was going on, we all spent the three nights up there. That hasn't been going on for the past year and a half. Q Okay. Have you been involved with Cody's teacher at a parent/teacher conference? 79 .~ 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, ma'am. Q Do you get copies of the report cards? A Yes, I do. Q And do they give it to you or Cody's great-grandparents? A They put it in the bag or give it to my grandmother at the pick-up time. Q Okay. How often have you been to Cody's school? A Twice. Q Have you ever been to Letort? A No, ma'am. Q You've never seen Letort? A I have seen the school. I have never been inside. Q So you don't know what type of teachers they have there, what type of education program they have? A No, ma'am, I do not. I have not gone inside. Q Are you involved in any sports activities with Cody? A Yes, I am. When Jennifer put them in the baseball, I was there every practice and every game. Q You came to all of his games? A Yes, if it has been on her time, I still made a point to be there for Cody. Q And you are willing to let him continue with tee ball? 80 1 A Yo>!, I am. I was very involved in sports as a 2 child, and I feel it's important. 3 Q And if Cody wants to be enrollod in football 4 A My only -- r prefer them to be with the kids he 5 goes to school with, his friends. r would prefer him to be at 6 South Middleton -- 7 Q How many kids come over to v isi t when the boys 8 come? 9 A Three. 10 Q They live right in your neighborhood? 11 A Yes. The houses are back-to-back, our yards 12 adjoin. And there's two boys in the corner that come over, 13 usually every night that they are home. 14 Q How old are they? 15 A One is six and the other one is four. 16 Q Okay. And they come over with their parents? 17 A Well, their parents walked them over to the fence. 18 I have a fenced-in backyard. I usually help them over the 19 fence or their father helps them over the fence. He usually 20 says, I will be over, whenever, to get the kids. 21 Q And that's in the evenings? 22 A Yes, that's in the evenings after I come home from 23 work, and pick them up at my grandparents house. 24 Q Now you testified that you work at least until 6, 25 usually later. You go to your grandpar.ents' house and come 81 1 2 3 4 5 6 7 8 9 lO back. Is that after dinner time? A Yes, It'B usually afUH dinner or, like, a half hour before supper. They usually play in the backyard a~d their chiidren uBually eat -- they have the same eating schedule basically that we do. Q What if you are not home yet? Where are the kids? A With my grandparents until I come home from work. Q Okay. Have you ever taken the boys to doctors' appointments? A No. 11 Q Who usually takes them when the boys are sick? 12 A They are usually made by either my grandparents or 13 Jenni fer, and that's usually in the daytime. With my work 14 schedule I cannot do that. 15 Q Did you ever work in town? 16 A r li ved in town, in Dillsburg. 17 Q In a trailer park -- 18 A Oh, okay. 19 Q -- which is right in town. 20 A Okay. 21 Q Now, you had testified that Chelsea, Jennifer's 22 23 24 25 daughter, had broke her arm when she was living with Jennifer? A Yes. Q Did that really occur at Jennifer's mother's home? A That happened at the trailer and the -- in our 82 ".M... ) 1 trailor Wl! had an onclouod porch, and that happened on the 2 steps at tho trailor. And so it was an accident-typo thing, nobody Do you tOemember? I cannot tell you. I am going by what Jennifet 3 Q 4 pushed her. 5 A 6 told me. 7 Q 8 A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 What was your understanding of what happened? She was running up and down the steps on the -- playing on the rail .and fl~pped over and got her arm stuck in the rung. Q Okay. Now, when you were looking at homes befor.e you purchased down at South Middleton, did you look at homes in the Carlisle area? A No. Q You never looked at a home in the Carlisle School District -- A No, ma'am. Q -- that FHA did not approve? A No, ma'am. Q How far away is your home from your grandparents'? A I would say ten minutes. Q Ten minutes. A It's not really that far. I live probably five miles from Boiling Springs, and that's only about two miles, I think, from Boiling Springs to White Rock A~res. 83 1 to live with hiH :nom. This Willi som<1thinlj thdt just came out. of 2 tile bl ue . 3 Q And you Bro Haying -- 4 A Tyler has never indicated to me that he wants to 5 live with his mother. 6 Q What did you -- what was your reaction when Tyler 7 told you he wanted to live with his mother? 8 A I asked him if there was anything said from his 9 mother as far as being -- is your mom pressuring you into this1 10 And he said the sand box was involved. There is a sand box, 11 apparently, that she just got. She said if they live ~Iith her, 12 that would be something that they could play with all of the 13 time. 14 Q Are you telling them that they live with you and 15 visit their mother? 16 A I told them that they have their home with me and 17 they live with me, and they get to visit their mom. 18 Q Even though they live with Jennifer? 19 A I don't really consider that living with JellnHer 20 on the weekends. They spend most of the time with their 21 father. I have two-thirds of the custody arrangement now. I 22 consider that the boys live with me. 23 Q How much of that time that they are in your 24 custody, according to the agreements, are they spending with 25 their great-grandparents? 86 '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,.J A During the working hours? Q Ten hours? Twelve hours a day? A I would say, 10 hours a day, is the normal work schedule. MS. DEILY: I have no further questions. THE COURT: Anything else? MR. O'BRIEN: No, 'lour Honor. THE COURT: Sir, ~ou may step down. MR. O'BRIEN: Mrs. Snyder. Whereupon, TAMMY SNYDER, having been duly sworn, tastified as follows: DIRECT 8XAMINATION BY MR. O'BRIEN: Q Would you state your name, p~ease. A Tammy Snyder. Q And what is your position with South Middleton Schools? A I am a kindergarten Teacher at Rice. Q And how many years have you been a teacher? A Well, this is my sixth year of teaching kindergarten full-time. I previously taught kindergarten before my youngest was born. I have been employed by South Middleton since, I believe, 1989 -- 1988, I'm sorry. Q Somewhere in that range? 87 1 A Yeah. 2 0 And is Cody Hammaker one of your kindergarten J students? 4 A Yes, he is. 5 Q I asked you to bring his school records along, and 6 I will have those marked. 7 (Whereupon, 8 Plaintiff's Exhibit No. 8 ". 9 was marked for ident.ification. ) 10 BY MR. O'BRIEN: 11 Q Now, what's been marked Plaintiff's Exhibit 8 is . ) 12 four pages of photocopies. Could you explain what the first, 13 second, third what the pages represent? 14 A The first page is an attendance record from t.he 15 beginning of the school year to present day. The second page 16 is an explanation of marks, which we send out in conjunction 17 with the second report card. The third page is a report card. 18 It's rather limited for the first marking period, and the last 19 page is the second quarter report card. 20 Q How has Cody's attendance been in your class? 21 A He has days absent. If I would have to compare 22 him with the other children, he's probably around average. 23 It's hard to say. Some children are absent more, some are 24 si~kly, some go on educational trips, so he's -- 25 Q In referenc~ to who you communicate with about 88 j 1 Cody, ill that Mrs. Gonz<,lell, the grandmothl~r, mOllt often'? 2 A She asks me very often about how Cody is doing. 3 His mother also checkll with me on Cody's progress. 4 MrB. Gonzales and I probably have more of a working 5 relationship because she comes in, and she is more involved in 6 the extra activities that we have in school. She was there for 7 the baking project. She makes things for parties, and she is a 8 very concerned grandparent. 9 Q And in regard to Cody's progress and performance 10 in your class, how would you rate that? 11 A He is doing very well as far as academics. I have 12 some social concerns. He is not one who will participate in 13 activities as much as some of the other chJ.ldren or as much all 14 I would like to see. He stands back at the edge of the group, 15 isn't as involved in activities or group discussions as what I 16 would hope to have him be at this point. 17 Q And do you talk with the people involved, 18 Mrs. Gonzales and the mother and so forth about this? 19 A Yes. Yes. 20 Q Is this something of great concern to you or just 21 something that you feel should be addressed? 22 A It is something that I feel should be addressed. 23 When I look at each student I am not just looking at academics, 24 I am also looking at social and behavioral issues. Behavior 25 has been much improved lately. 89 1 2 3 4 5 6 7 B 9 10 11 12 Q Uh-huh. A I did have some questions about Cody's behavior, which I talked with both his mother and great-grandmother about social things, yes, that's a concern of mine. I would like to see him more involved. It's not 50mething that I feel needs a counselor's evaluation. Q Thank you, ma'am. THE COURT: Cross. CROSS-EXAMINATION BY MS. DEILY: Q Mrs. Snyder, when Cody comes to school on any given day, is he always dressed and cleaned up well? Yeah, he is fine. Have you ever seen any concerns on how he is being 13 A 14 Q 15 caJ:ed for? 16 A 17 Q 18 A 19 Q Are you referring to his physical appearance? Yes. Yes, ma'am. He seems fine. Have you ever spoken with Derek Hammaker about 20 problem& with Cody? 21 A No, I have not. 22 Q So when you are at parent/teacher conferences or 23 express your concerns, they are either through Cody's 24 great-grandmother or through Jennifer Carey; is that correct? 25 A That's correct. 90 ) ,,' 1 Q You had Haid that thore are concerns that you had 2 in the middle of this school year. Correct? 3 A That's correct. 4 Q Are you aware if there had been any type of a 5 change in the custody arrangement between the beginning of 6 school and now? 7 A Am I aware that there was? 8 0 Yes. 9 A I can't honestly say that I am aware that there 10 has been a dlfference. Maybe there was one and it was brought 11 to my attention. 12 You must understa~d I have nearly 40 children, and 13 a number of them have custody arrangements, so I am not aware 14 that there have been changes in custody arrangements as far as 15 Cody. 16 Q I guess my question is if I told you there was no 17 change in custody since the beginning of school until now, 18 would you see any reason to disagree with that? 19 A No. 20 Q So there's no change in Cody's behavior that you 21 can attribute to sparking from any change of custody, any 22 problems he was having with his home? 23 A I really can't speculate why his behavior had 24 changed. I can only tell you what I see in school. 25 Q I appreciate that. Thank you. .'<'1 91 1 MS. DEILY: I was thinking tho same thing. 2 TflE: COUHT: It's been a while. 3 THE: WITNESS: It's been a long time. forty-four. 4 BY MH. O_'BHIf:!'!: 5 Q Now, do you have a background in teaching and 6 education? 7 A Yes, I do. 8 Q And what is that background? 9 A Well, I have taught 20 years, 8 full-time' 10 elementary teaching, and for about two years or so I was 11 elementary and high school, before I became full-time high 12 schooi. 13 Q No~, you've heard the testimony, you've been in 14 the courtroom, and could you tell us where the boys spend their 15 evenings, their overnights? 16 A Well, that's a general statement, and it's general 17 ~ecause sometimes they are with us, and sometimes they are with 18 their dad, and sometimes with their mother. 19 They are with us when their dad's job means that 20 he is at work. Of course, then we take over his position of 21 being father. We are acting father and mother at the same 22 time. 23 Q So the days that Derek would have the boys and 24 he's working, then he brings them to your home; is that right? 25 A Fight. That's right. 93 ..\ ,,) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 \l And thell you l.. t ur.n get Cody to Bchool, for exampl e 'I A We make Bur.e and will make sure he gets to school any time necesBary and pick him up whenever. Q And that would be irrespective of whether it was a time Jennifer would have him or Derek? A It has been already. Times she has called us she COUl~II't make it and couldn't take him to school, and we have done that. Q And you don't mind doing that? A No, I would do whatever for those boys. Q What -- since the boys were born, could you just tell the judge the amount of time that they would spend with you when Derek and Jennifer were together and married? A Well, they spent more time, I would imagine, at our place than nearly any place else outside of their own home. Their mother brought them there and that included Chelsea, and spent whole days there, and that would happen more than just once a week. And on weekends they would also come over, any occasion that was held, birthdays, Christmas, parties for anything were at our place with the family attending. And we always included Chelsea as part of the family. Q Now, Derek testified when he was working for a company, I believe Knobco (phonetic) that he arranged it so 94 .1 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that he and the boys slept at your homo during his work days; is that what Y0U recall the arrangement? A Right. To save the boys from being bounced back and forth so much from one home to the other. TIley would often spend, all of them, the three of them, spend the days and evenings there. We have our supper together and play together, and they would go to bed. That way they didn't spend time just going back from one house to the other. In the wintertime, we did that a little bit more because it would keep them from going out into the cold, back and forth from one house to the other. So we did what was, in our opinion, best for the boys' interest at the particular time. Q In reference to Derek's interactions with the boys, could you tell us what you observed of the activities and how Derek relates to the two boys? A I think he is a good father to the boys. When he is home and not working, he is playing with them out either at his house or at our house. We have a big area to play at our house, a big driveway, a big parking lot where the boys can ride their bikes, and they do, and slide down the hill. In the wintertime the boys love to sled at our place because the hill comes covered with snow. Their dad has done that, and I have pictures, which I wish I would have brought, with them all playing outside together. 95 8 9 10 11 12 13 14 l5 16 '1') 17 18 19 20 21 22 23 24 25 1 He plays ball with thum all of the time. Cody is 2 a great ball lover, and so was Durek when he was young. 3 Tyler's not yet too much into ball. He likes to ride bike and 4 ride his scooter. So he's off on his own a little bit while 5 Derek and Cody are playing ball together. 6 Q Are you spending as much time with the boys now as 7 when Derek and Jennifer were living together? A I would say close to it, yeah. It might be different times of the day, but when you add them up, I would say it is pretty close. MR. O'BRIeN: Thank you, ma'am. THE WITNESS: You are welcome. CROSS-EXAMINATION BY MS. DEILY: Q Are you working presently, Mrs. Gonzales? A I am retired. Q Is your husband working? A No. Q So on the days Cody and Tyler are with you, other than Cody being at school, you are with them throughout the day? A Yes, I am. Q How many evenings would they stay to have dinner with you and your husband? A Well, it varies so much. It's hard to make a 96 ,J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 specific statement. Whenever Deruk's rIot hwne in time. Q A couple nights a wnek, would you say? A Pardon? o A couple nights a week? A Probably. Q Okay. When is the last time that the boys spent the night with you? A Well, just two nights ago, Tuesday. Q This past week? This Tuesday? A Yes. Derek was out of town working, so they we~e with us. Q How about prior to that? When was the last time the boys spent the night with you? A Sunday night of the week before. Q Okay. A Well, they were with us when they were sick, say Tyler was very sick for a whole week, and they were with us for that week. Q They stayed with you that entire week that Tyler was sick? A He was very sick. He was running a fever, and we couldn't get the fever broken. It would come down for -- when the medication would take hold, it would come down, and as soon as the medication wore off, it would shoot back up. So we had them for that whole week, and then there was that snow day when 97 ,,~ J 1 2 3 4 5 6 7 ~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we kept them. Q That was when thero had been a slight alteration of the regular custody schedule, and you worked out something with Jennifer about keeping the boys when Tyler was sick? A Right. Q Did you consult with Jennifer that Cody was enrolled in school at Rice? A Jennifer knew that's where Cody w~s going to school. Q How would she know that? A 'Cause that's where they planned to have him go when they were together. Q But other than that, did you call Jennifer and say, I'm taking Cody down and -- A No, I didn't because she knew when school was starting. Q Were you present when Cody was enrolled in school or Derek? A His grandfather and I -- his great-grandfather and I both took him. Q How about doctor's appointments? Are there times when you get to take him to their doctor's appointments? A Most doctor's appointments are done through his mother because that is when they get sick most often. Once in a while they come to us sick from their mother, and we do have L 98 1 to take them to the doctor. 'l'his last time, Whlll1 Tyler was 2 running a fever, we did take them from ~-, we felt having a 3 fever for three daYB was something important to check on. 4 Q And he had the flu at that time? 5 A The doctor dIdn't say. He just told us to do what 6 we were doing and -- 7 Q Not to be moving around too much. 8 A Yeah. That's what we felt, yes. ') 9 Q Do you consult with Jennifer when you have to take 10 the boys to thp. doctor? ,..' 11 A I would say we don't often have to do that. 12 Q Okay. 13 A We did tell her this time that we took -- he was 14 getting a throat culture. My husband called her to tell her 15 that, and then she was concorned because her bauy was sick too. 16 She felt if the culture was positive, the baby maybe the same 17 way. 18 Q Can you describe briefly a normal day that you 19 have from when you get up to picking up or making the exchange 20 with Jennifer to a normal day when Cody is in school? 21 A Are you talking about a day when they may have 22 stayed overnig~t? 23 Q Yes. 24 A Oh, well, we get up at 6:30 or 7, my husband and 21 I, we get ourselves dressed and ready. By that time the boys 99 ") ,.> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ay or may not yet have all eye Oil, and we wake Cody up llsua1ly irst because he has to get dressed for school. We dress them. ody dresses himself most of the time, but if he is not feeling ike beillg up yet, I have to coax him a little bit. Tyler usually pops up and wants to get dressed ight away, goes to the bathroom, is ready to brush his teeth. ody may have to be convinced that he has to brush his teeth. he teeth have been a problem, especially with Tyler. He has een in the hospital to have teeth repaired. I had a very xpensive rate. And we have been trying to keep after the eeth since then so that they don't have too many more problems o we have been seeing that they go to the dentist so we have een trying very hard to keep aftE'r the teeth. Q What time do you take Cody to school then? A When we take him to school, we leave at a quarter fter seven. Q When you meet Jennifer what is the arrangement? A We leave a little bit earlier. It is further to eet her than it is to take him to school. Q Then you meet wlth Jennifer, and she takes Cody to choo1? A She takes him to school. Q Where is Tyler during that time? A She is wi th us and we drop him off at the same ime. 100 .., ) 1 MR. O'BRIENI No. 2 THE COURT I You Illay step down. 3 THE WITNESS I This is a strange place to be. I 4 ave never been here before. 5 Whereupon, 6 DEBORAH HAMMAKER, 7 having been duly sworn, testified as followsl 8 ~RECT EXAMINATION 9 10 11 12 13 14 15 16 ) 17 ive? 18 Q Would you state your name. A Deborah Hammaker. Q And what is your relation to Cody and Tyler? A I am their paternal grandmother. Q And how old are you, ma'am? A I am 43. Q And in reference to your location, where do you A I live sort of on the west end of Mechanicsburg, 19 ore towards Carlisle. 20 Q Do you have regular and frequent contacts with the 21 oys? 22 A I wouldn't say frequent because I would love to 23 ee them more than I do, but I try to get them at least each of 24 erek's custody weekends because that is the only time r would 25 e able to see them is when he has custody. I try to make 102 3 4 5 6 7 8 '. 9 I 10 11 12 13 14 15 16 .j 1 rrangements when they corne over to my house and play, and I 2 an spend time with them. Q Do you have concerns about the children when they t'e with ,Tennifer? A Yes, I do. Q And you had arranged to have some photographs aken of her home, and at that time could you tell us what else au saw occurring? A Well, this particular time my intent was to take a icture of the front of the home so there would be a comparison f the father's reAidence with the mother's residence, in the rea which the boys are involved in. And I didn't expect, WhE.l had pulled into the church parkin,::! lot, to see the kids utside. So I had to park in the back of the church parking ot because I didn't want the boys to see me. They would 17 ecognize me, and I didn't want them to take off. So I had my 18 amera, and I walked through the church parking lot, and while 19 was doing this, there were cars pulling into the church 20 arkin9 lot. There were no adults present. 21 Shortly thereafter I saw Jennifer come home, and I 22 hink she came home with the sand box at that time / went into 23 he house. I had observed Cody go across the street by 24 imsel f / unat tended. There were no adul ts present. 25 He was playing bent down in snow piles, which he 103 -) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ auld be completely hidden to any car pulling in there. There as another little girl that seemed older than he was thBt was iding the bike in the church parking lot, and he was trying to et turns riding with her. A couple minutes later, Tyler came out of the ouse in between the truck and the family car. He just took ff in between the cars and crossed the street. I was only here for a half an hour taking pictures. In that half an hour yler ran across the street three times unattended, Cody did nce. This is not the first time r have ever seen this. his is the first time I have had a camera, but it is not the irst time I have witnessed them crossing the street alone. Q Now, in regard to having the camera along THE COURT: While you are asking this. I want to sk Mrs, Gonzales another question. Now, that they are eparated, is Chelsea staying out at your house any more? Do au see her? MRS. GONZALES: No, she hasn't come over at all. Q Now, these photographs, when were they taken? A They were taken this Sunday, the 23rd. Q And prior to this, had you observed the children nsupervised crossing the street? A Yes, I did. Shortly after they moved to this 104 .1 1 esidence, I was cut'ious about where they were, and what the 2 .ome was like, you know, and whr:re they were going to br.! at. 3 0 I drove out to check that out/ and I did not get out of my 4 ar at all. It was kind of like a drive-by. !3 I watched them crossing the street. The adults 6 ere not present at the time. There were lots of kids. All 7 rossing the street. And thpn shortly after Tyler had an 8 ncident where he said that he almost got:. hit by a car, and, the 9 at" had to beep at him, and he was afraid. I went out one more 10 ime just to take a look and watch what was going on. 11 Q And 12 A The children I didn't watch them crossing the 13 treet, but they were in the parking lot playing unattended. 14 Q Now, what I have marked as 9, Polaroid and 15 nlargment, you had made. What does that show? 16 A Cody had just crossed the street by himself and he 17 as over there by himself, just unconstructive playing outside. 18 oesn't know what to do. He is bent down in the snow where he 19 an't be seen playing in the snow. 20 Q Did he appear dressed appropriately for being 21 utdoors? 22 A I was rather chilly the day I was taking pictures, 23 nd he had on a pair of boots, pants and only a sweat shirt. 24 nd he had been just ill. 25 Q What's beell marked as Exhibit 10, could you tell 105 -) ,1, ",!" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 s what that -- that's again a Polaroid and enlargement? A Right. That one - - again, I consider myself lucky ecause I caught it just at the time that Tyler had made his econd pass across the street, and there were still no adults utside, and Cody and the little girl were being busy taking urns riding the bike and not paying attention. Q How old was the little girl? A I can only guess/ but I would say she can only be omething like 8 or 9, maybe. Q And was she aware of what Tyler was doing? A No. Q Was Cody aware of what Tyler was doing? A No. Q Did he dart out between two parked cars? A He ran like a deer. Q Did he look? A Head down and Q Did he look? A No. Q And what's been marked as 11? Again, a photograph nd enlargement? A okay. That was the last picture that I took, and hat r had done there was ! left the church parking lot, just ent up the street from where they were playing and parked my ar along the street. 106 '.\ } .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And as I waa getting out ot tlt<! C.ll', I w"" '1,J\n'l o walk down and took a shot of the t'oad, t.Iw at.I'POt. / /lnd h<lw he cars are pat'ked 011 it. At that time I HiIW'l'yll't tlyill'l cross the street, again, alld there ia a line of tnlffic 'llld " ar had honked at him. Q And then the final one/ maybe not in the ot.'Cler hat you gave them to me but, 12? A 'l'hat's the in-between shot that's the ~lr()up <>t hem playing again. There isn't. any adults 'H'ound dllywhnro 'llld au can see the amount of cars, and all three kids ~ro all laying on the other side of the street in the pat:kin'! l'Jt. Q Now, you've indicated that YOll alwaY!1 try f.o 'jol ogether with the boys on Derek's weekend that ho has them'/ A Uh-huh. Yes. Q What kind of activities do you do with the boys all hose times? A When I am with the boys, r am with them lOO ercent of the time, and we have structut:ed activities. We are laying in the hOllse when it is not suitable weathet: outllide. hey have a closet full of toys. They have what they call heir bedroom with bunk beds in it. We play activitiell ogether in the house. I am involved with theil.' playtime tho whole tim(l hey are there. I pt:ovide them with special lUlwheu. They ell me what they would I ike to have ~IO that 1 t ill thet'c for to" 1 2 3 4 5 6 7 8 ....\ 9 10 11 12 13 14 15 16 ) hem. They get to pick their Bpecial lunch. I make sure that Tyler has a nL'p evel'Y time he is ith me because I think he is still too little and he needs a ap. He gets exhausted. So we have our special time rocking. e gets a nap and when he is taking a nap, r have some ne-on-one special time with cody, and we do a little more ig-boy stuff. Q Now, you work full-time during the week; is that orrect? 17 18 19 20 21 22 23 24 25 A Yes, r do. Q What type of work do you engage in? A Right. Now, r am an OSHA and dental infection ontrol consultant. Can r -- as far as occupation, I don't now that it's something that you are aware of. I don't emember ever telling you/ but I do have a background in re-school. I was for over three years an instructor in an arly intervention program for behavior problem children. Q r wasn't aware of that. Now, when the boys come over, does Derek stay uring the times that they are there, on occasion? A That's my special time wi th them, no. What I do s go to the home und pick him up and pick them up, and it's ever a pre-set time when he comes/ and he personally picks up he boys and takes them back home with him. Q Is there -- 108 1 A It's UfHlally dependent on Tyler'" llolp. 2 Q Are you sat isf ied with the CUl'l'elll ilITilll'J""11!lIl 3 ther than your concerns for the boys' nafety who.'1I t.huy ill'll 1I0!. 4 upervised by their mothel'? 5 A Because I need to be hOlle'llt, 110/ I i.llll 1I0!.. 6 TH8 COURT: Wilit, We .II'LI dl';IlI11'J lielo with i.1 7 ispute between these two part ien, no!. llt''HHt two 1l<lrt Inu IIl1d 8 er. Next question. ') 9 MR. O'BRIEN: I take it tlwt you ant COIlClll'l1UlI 10 bout the boys' safety, though. 11 THE WI'rNESS: Yes, I am. 12 MR. O'BRIEN: Thank you, ma ' tll1\. 13 THE COURT: Cross. 14 CROSS-EXAMINATION 15 16 Q Mrs. Hammaker / your testimony WaD that Del"ek does ') 17 ot accompany his childrell when they are with you? '.", 18 A No, I pick them up ilnd they h/lvo tUne with me at 19 y home to play. 20 Q On a Saturday or JI HlIllll.1Y nor1\1iI11y. 21 A Right. 22 Q What time lIf1ll<1ll y do you como /lnd get thE! kids? 23 A I usually <Jut thom r would flay only 24 ppt'oximately 10: 00 b.,'c.\lIl1tJ what, df) in I call first to find 25 ut if it's Ok.1Y / dnd if t: hey ;ll'(, liP, ilnd if he doesn't have 1f1') ,,) 1 ny special plans that I could get them, and spend time with 2 hem, then I go pick them up, and then he comes and gets them. 3 Q What time, usually, did he come and get them? 4 A That's what I stated that varies. It depends on 5 yler's nap time. 6 Q Is it in the middle of the afternoon? Do they 7 tay for supper? 8 A No, it's middle of the afternoon. 9 Q Who do you reside with? 10 A My fiance. 11 Q Do you have any other -- 12 A No. 13 Q Is your fiance present? 14 A Almost 100 percent of the time. 15 Q Have YOll ever seen the inside of Jennifer's home? 16 A No. 17 Q Now, you said that you were by there -- 18 A I'm sorry / this present one / no. I have seen past 19 ames. 20 Q Okay. But you have never been inside of this past 21 ome. Only taken pictures across the street? 22 A 23 Q '24 ront? 25 A Uh-huh. Are you aware that that's a one-way street in Yes. Two lanes, one of traffic and one with 110 ,.j 1 2 3 <I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 arked cars. Q When you were there, were other vehicles moving in nd out A In the parking lot? Q In the parking lot. A While r was there, in a half hour two carD pulled hrough the parking lot, one to park in the back where an partment was/ and another one to cut through to use it as an ccess to the side street. Q Was it vacant, though, for the kids to be playin.g nit? 22 A You can see on the picture there are oth=r parked ars in that parking lot. Q Now, the picture you have of Tyler wasn't him rossing the street, it was just standing. A No, if you look at it closely, he is bent over and e is in action. He was ready to run across the stre~t, and I as lucky enough to catch that. Q Do you ever have occasion to deal with Jennifer bout the boys? Do you ever talk to her or consult her about nythin9? A The only time I do, I have had a couple of ccasions where I needed to speak to her about something pecific like letting us know whenever the kids are on edication or they've been to the doctor. So when they are in 23 24 25 III ""\ 1 Y care, we aloe not going to overdose them by giving thelll 2 omething she has already given thell\, 3 I had talked to her on sevel'al occasions about, 4 lease return clothing that they are wearing back to the 5 riginal owners, again, because she tends to keep the clothing, 6 nd it doesn't get returned, 7 Q Now / when you say we / are you referring to 8 ourself and your fiance or we meaning you and the 9 reat-grandparents, the Gonzaleses? 10 A It'o the father that's supplying the clothes that 11 0 on him, and there's occasion that maybe they get messed up 12 r she takes them off and then puts her clothing on. EJ,ther 13 ay they don't get returned to the person. who dressed them in 14 he morning and sent them that way. 15 Q And how would you know about that? 16 A I would know about it because I get told about all .) 17 f the situations that happen with the children. 18 Q Okay. From Derek. You don't know that firsthand. 19 au just know what Derek has told you. 20 A I also know what the grandfather and grandmother 21 ave told me. 22 Q Okay. That's fine. Did you deal wi th Jennifer at 23 II when Cody was involved in counseling sessions? 24 A Yes, I r.alled because I personally wanted to know 25 hat was going on with my grandchild at that time. 112 1 2 3 4 5 6 7 8 "r, 9 I Q You called the counseler or Jennifer? A I called Jennifer to find out about it. Q Did she give you information about -- A Briefly, yes. She had told me that it had -- what e was doing was kicking walls and having fits of temper, and hat she had a difficult time controlling that, and she wanted o take him in to see what was going on. Q Did you also call the counselor? A You know, honestly I can't remember. Yes, I did. 10 nd they would not give me any .information. 11 12 Q Who did they tell you you had to call regarding A They said the mother or the father. would be the 13 nly one that would be permitted to get any information. 14 15 16 " .. '''~;} 17 18 19 20 21 22 23 24 25 MS. DEILY: Okay. Thank you. THE COURT: Anything else? MR. O'BRIEN: No, Your Honor. THE COURT: You may step down. MS. DEILY: Rocky, dO'You want to come up? THE WITNESS: Good morning, Your Honor. THE COURT: Good morning. Whereupon, MANUEL V. GONZALES, having been duly sworn, testified as follows: DIRECT E~NATION 113 \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ; ,."J Q Would you state your name. A Manuel V. Gonzales. Q And Mr. Gonzales, you live with your wife, who estified just earlier in this hearing? A Yes, I do. Q And that's in White Rock Acres? A Right. Q Are you retired? A Am I what? Q Retired? A Retired, yes. I thought you said retarded. Yes, am retired. Q And you've heard the testimony in the courtroom bout the arrangements with the boys dnd your caring for them hen Derek is working! is that correct? A It is. Q Are you willing to continue assisting Jennifer, Iso, in getting Cody back and forth from Rice and Tyler back nd forth from Rice when he starts school? A I do and always have been. Q Do the boys spend many evenings at your home or do hey live primarily through the evenings at their father's ome? A Basically at the father's home. 114 1 2 3 4 5 6 7 8 ..') 9 10 11 12 Q Was there a period of time when he and the boys ad to live with you because of his work schedule? '" Oh, yes. Q That's been over for quite a whil~, hasn't it? A Yes, it has. Q Thank you/ sir. MS. DEILY: I have no other que6tio~s? THE COURT: Any questions? MS. DEILY: Just briefly. CROSS-EXAMINATION Q Mr. Gonzales, do you and Jennifer converse back 13 nd forth when it I S regarding the children? 14 15 16 A Sure do. Q You have a decent relationship with Jennifer? A We don't always get along, but we talk to each , , 17 ther. We converse. .'I"~ 18 Q And you are the one that usually contacts 19 ennifer, not Derek, if there's a pr00lem; is that correct? 20 au or your wife, I should say. 21 A Well, that's all r.elative. I don't know how many 22 imes he might have talked to her, so. 23 Q But it's to your knowledge. You kind of act as 24 he middle man -- 25 A Uh-huh. 115 1 2 3 4 5 6 7 8 ,") 9 10 11 12 13 14 \~~I Q -- between the partiea? MR. O'BRIEN\ I have no further questions. Sir, may step down. One more witness, Your Honor. Whereupon, JULIA ANN MARGARET NANCE, having been duly sworn, testified as followed: DIRECT EXAMINATION THE: COURT: MR. O'BRIEN! 15 16 17 18 19 20 21 22 23 24 Q Would you state your name. A Jul ia Ann Margaret Nance. Q Julia, how old are you? A I am twenty-three. Q Now, you -- it's been stated that you and your son ominic reside in Derek's home; is that correct? A Yes / I do. Q How long have you lived there? A Since September. Q And during that time frame, have the boys, Cody nd Tyler, resided at that home on the days that their father ad custody of them? A Yes, they do. Q What kind of relationship have you observed that erek has with the boys? A A very good relationship. Derek takeo the boys 25 116 1 laces. He does things with the boys. We intel"act with the 2 oys. We do special iJctiviti'~B with them. lie's never been 3 part from the boys since I have been with him. 4 We have also planned different things to do with 5 he boys, like going to the zoo, going to the park, fl~'illg a 6 ew airplane we got for Christmas. We do that with them. 7 here is not any time unless his work does not permit him to be 8 here. -'\ 9 Q In reference to your background with young 10 hildren, you worked in a daycare for a number of years? 11 A Yes, I have. Four years. 12 Q And presently you are working at McDonald's? 13 A Yes, I am. 14 Q What hours do you work? 15 A I work B to 4/ Monday through Friday, unless I 16 ave overtime or I have to go in early. , J 0..1 17 Q So it's Monday through Frid.1Y, a daytime job? 18 A Yes, it is. 19 Q And why do you seek those hours? 20 A So I can be home with my boys, and I can be home 21 ith the boys when their father and them get home so I can have 22 meal on the table, and make sure that t ay are fed, and they 23 ave everything that they need. 24 Q Now, you said, I think, that you moved into this 25 ome in September? 117 "",) 1 A Yes, I did. o How lOl1~l have you ilnd he known one another be fore ou and Dominic moved into Perek's home? A Since April of last year. Q What kind of relationship do you have with Cody? A A very good relationship. When he needs something ith schooling he comes to me. I sit down. I play with him. teach him his let ters. I teach him his numbers. We do lots f things together. If he is not with me, he is with his dad. o And Tyler, what kind of relationship do you have ith Tyler? A Tyler, he is -- he is a little different. He is ndependent, very independent. So if he needs something he'll ait :::;'our.d for his dad. He usually doesn't come to me for ery much, unless his dad is doing something with Cody. Q Have you ever observed Cody, for example / kicking he walls or exhibiting any temper tantrums in Derek's home? A Nope. MR. O'BRIEN: Thank you, ma'am. THE COURT: Cross. CROSS-EXAMINATION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Miss Nance, what is your marital situation? A I have never been married. Q Never been married? 118 ") \,'11) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. o Who is the father of your child? A That'a -- I'd rather not displace that, that's obody's concern. Q Do the boys ever spend evenings with you alone hen Derek has to work late or do they traditionally go to heir great-grandparents' house? A Usually they go to their great-grandparents. ometimes, if necessary, they cor,le with me. But usually they re with their grandparents because of my work schedule, and I ave to have my son/ and he's at my mother's. So I have to go ick him up. So! am not usually at home when Jennifer has the oys/ and they need to be picked up at 5:30. Have you ever met Jennifer before? I have seen her in passing. I have never been I have never -- so I can't really say. You were never at her home or anything? No. Okay. MS. DEILY: THE COURT: Q A round her. Q A Q THE COURT: THE WITNESS: THE COURT: He is not seeing the child? No, he is not. You dcn't have to answer it. I have no further questions. You may step down. 119 MR. O'BRIEN: Your Honor, one final matter. In egard to the BOCA Code that's applicable in the Borough of arlisle, I have the original book here, and then I have THE COURT, Just ma~k it. r ran a copy of the pplicable sections. THE COURT: All right. You are going to mark it s all exhibit? MR. O'BRIEN: Exhibit 13. (Whereupon, 10 Plaint if f 's Exhibi t No. 13 11 was marked for identification.) 12 MR. O'BRIEN: I'd move for the admission of my 13 xhibits. 14 THE COURT: Any objection? 15 MS. DEILY: Other than not knowing what the 16 rovision of the BOCA regulations, what year they apply to Ie....) 17 hether they are made ret roact i va to a 1940 home. 18 THE COURT: I will take it under advisement. 19 II 0f the exhibits of both parties are admitted. 20 (Whereupon, all exhibits were admitted.) 21 THE COURT: Ma'am, what is your marriage date 22 etween the two of you? 23 THE WITNESS: May 28th of 1950. 24 THE COURT: 5/28/50. 25 THE COURT: Any further testimony of either party? 1 2 3 4 5 6 7 8 ,....) 9 120 . '_OJ 1 MS. DEIr.Y I Otller than if you would speak wi th the 2 oys. 3 THE COURT I I aI.' not going to speak formally with 4 hem. Informally since they are 80 young. I want to see them, 5 nd see what these whiffers are like before I get final 6 rgument. Bri.ng them back. ., (Whereupon, the judge met with boys in chambers 8 off the record.) 9 (Whereupon, a recess was taken between 11:33 a.m. 10 and 11140 a. m. ) 11 THE COURT: They are nice boys. All right. 12 oving party. Argument off the record. 13 (Whereupon, argument was heard off the record.) 14 THE COURT: I'll take it under advisement. I give 15 redit to both counsel. 16 I think I know what I need to know to resolve this \,..,,) 17 ase. Very well presented. I will have something down 18 hortly, 19 20 21 22 23 24 25, I MR. O'BRIEN: Thank you. MS. DEILY: Thank you. THE COURT: Court's adjourned. (Whereupon, oour~ adjourned at 11155 a.m.) 121 1 2 3 4 5 6 CERTIFICATE 7 I hereby certify that the proceedings are containeQ 8 ully and accurately in the notes taken by me on the above .~ 9 ause and I, , 10 11 12 13 14 15 16 ~,; 17 , 18 f the 19 iled. 20 21 22 ate 23 24 25 th~t this is a correct transcript of the same. The foregoing record of the proceedings on the hearing within matter is hereby approved and directed to be ~ 122 , , " I, fl.: Ul (: ' . (':: "' I..' / lJiC, (:r, ';)"T" Ii r,') ,) . , , H,;l,; , ~~: ,', c"" ! :.'J .l,f h; (>"1 i') , r -- t !.' 1.'-\ ,11-'.; , ...... ,1:1... ,,~ II. ...~ () t". ,) (~'''l (.J " ,. I '" '\rl,ln"'~ "'."'!\':1,! /, n .1,".1'11 \"l ,\,1'.1'" -'I{i() 8U tl " ,.' f I" '/" , \ ~ 'J l. u )\lr:'l', ,',',n'_ '~lj:j!.!:U I 'Tlii:! ~ JENNIFER C. HAMMAKER, Defendant I IN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I ICIVIL ACTION - LAW I INO, 95 - 3400 IIN CUSTODY DEREK V. HAMMAKER, Plaintiff V Prior Judgel Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as followsl Cody Vaughn Hammaker, born December 21, 1990 and Tyler John Hammaker, born June 22, 1993. 2. A Conciliation Conference was held on January 9, 1997, with the following individuals in attendance I The Father, Derek V. Hammaker, with his counsel, David Baric, Esquire, and the Mother, Jennifer C. Hammaker, with her counsel, Johnna Deily, Esquire, 3. The parties wer", at a custody conciliation conference in August in 1995 at which time they reached an agreement. The agreement essentially provides for a shared legal custody arrangement with the parties having a schedule of exchanging the children back and forth. 4. Mother now suggests that the Father is not taking oare of the kids when it is his scheduled time for custody, Mother suggested that it is aotually the paternal great-grandparents who take care of the children for a large period of the time. Mother also notes that the existing schedule causes some problems w'ith the children as far as requiring them to wake up early in the morning. Mother further notes that in August of 1997 the older child, Cody, will begin full-day schooling and the existing custody arI:'angemellt will not be appropriate for him at that time. Mother suggestll that she should be the primary custodian. 5. Father indicates that he feels that Mother is getting sufficient periods of temporary custody with the minor children at this time. He notes that the Mother is living in a rented home with her boyfriend, a child from the mother and her boyfriend, a child of the boyfriend from a prior relationship and a child of the Mother from a prior relationship. Father suggests adding two additional children to this rather limited situation would not be appropriate. I , ' ~~ I ~ i~:~1 II f ' .... J i!l .... ~~ 'j , t.f " j ~ r . . > 'il~ . '" ' ~ ~~;~~ ~ p,I . ' :di "- Ii tftl -g J ~ ~- .. . . . "-9 u 1l!I~' t. ill " ~I ~ . I > ::Ii i , , , I,,' , , ' " ' . . . I . ' . I . . . ..-.-.---.---..-....- . . . . . ~G \ ~ \~~, # . ; 2) In odd numbered years - Christmas Day at 12:00 noon until Oecember 26th at 8:00 p.m./ Easter Sunday from 2:00 p.m. until 8:00 p.m./ Thanksgiving Day from 2:00 p.m. until 8:00 p.m., New Years Day, Memorial Day and Labor Day. 3) In every year - Father's Day. B. The Mother shall have physical custody: I) In even numbered years - Christmas Day at 12:00 noon until December 26th at 8:00 p.m., Easter Sunday from 2:00 p.m. until 8:00 p.m./ Thanksgiving Day from 2:00 p.m. until 8:00 p.m., New Years Day, Memorial Day and Labor Day. 2) In odd numbered years - Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, Easter Sunday from 8:00 a.m. until 2:00 p.m., Thanksgiving Day from 8:00 a.m. until 2:00 p.m., President's Day and July 4th. 3) In every year - Mother's Day. 6. On all holidays f.or which times are not designated above, the period of physical custody shall be from 8:00 a.m. until 8:00 p.m. 7. The parties shall share physical custody of the Children on each of their birthdays at times to be arranged by mutual agreement of the parties. 8. Transportation of the Children for purposes of exchange of custody shall be shared by the parties if not specifically designated in this Order. 9. If any conflict arises between the regular and holiday custody schedules, the holiday schedule will supersede the regular custody schedule. 10. The parties may modify the terms of this Agreement by mutual agreement. In the absence of mutual agreement/ the custody provisions of this Order shall control. 11. The parties have agreed to a six month review of the custody schedule set forth in this Order and, if necessary, the pa;tie~may schedule a second CUstody Conciliation with the Conciliator at th~j(t1~. / BY THE COURT, cc: Robert L. O'Brien, Esquire Joan Carey, Esquire ,~ i~4 _ c.+..- ~...{<.{. ;/I~9S' ..6 .,y. / J. i1k<jt,':, "'t"" "'l';/:r?ii~:i :',," 'I" oil J.ltJ", ,., I l' '1,ll:'~IIt' ~u.'~1/.1lih '" \ /1,'; ~'I. ,.';f I', t I 'I'J;' ~y, I 'I I jH;tiJjl"i\l:f(~"~~'::i:I::,. I ".~\iL"i'" "il,o"." L.\, 1}'i~'"I''' , ,1\11 i". i!'i,I'\lIhl, "iii) '''! IUI J I' '", ,. \ 'I' It i I ~ j/l'l t' t I :; Vi '.r ~ l 'I' '. F '11 ,I ;,1",',";:,,, '~ _' <.:.-..... ,( i '.' 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" ',' t' , I.ICIAL __.. _ , '/IMNIIlOW,. , dMl...I'IHNIvLVNM t701;t . 17t711OMlO ' ,. 17171 1<<1 INt ,V*!1hoIt ~...7J ~'m"'" 17m -II" " " " . ... 1 , I' ,I P '" ;Ini/f /l,r.q~:,tl~,/!,?:: :::!,::j~'; -:,,;:,r;\!;',l fi~'~ !fi~;>~~',i,i~ ~~.t "."I/~:ir,l~i\:'~ri<'{i;:;~i,'\~I;(~l!~\,~h~l i~~' ,;,"'!I ,\\;,;,\1),' H.\',' !I,l,:';>lji~fil~)(m,~~" I'(~r' "~/:\;f;;t '/,1 "I., ,/!d ;~_\I\"ll.~.-rrjlli~'i,'i}l_I' , ,'/1" ,-,;:,' .'1 j'\"'\\Jk,jL;l)t-ljl>;Jii'i"l,""'i1'_" ;,-"-',,,,'-"'lj,--.- 1-" t' --J-.",.'.lll"'I'--/-'-'/""1 ~/::'~:.,:J ,/'_.: ,: j. ,',;' 1~1{':t>,'},/::V/"i. ,:';!)I,i, .ljtiij Ji\ ,\'- 'I' 'I "",' 1<..1' ',". :' f'r' r'" ^' jj ,r-- ,(, ',- :'.~ ',". ," 'II,:',,' t..,~ :, :,' ",'I",t', ;;,"':':-,:::,,!d:,::,..:it,;. .. :', ',I':"',',n,f.i', .,' ,'-,;" 'i~ t f.'.II' j .:i,'jj~! ''''.+1\ : ./';"''''''1'1. ',j :f'-',', r'f1t1,ril'J~t' I, ,-' l;',':~;/\;i::(:l:~tr)-- 'f ";::I',,lt,' ';i')'I{:;,'y,\I!,~A ,l-',;;If'-I~i;';l;,(~;~!~" ,;,,}" ;"tljlb.~ l'!ii,,,,/,,,t,., " \ 'I' ::-,.'~,,: ,r~',:l:; ; I,':', j :,\::'.r':!t:f~~-~r' , ":"'/""'1"'1" n, 1"1;" ~~y! ,,'; I', ," d".: ';1 " , I" 1 , ", ,')' " JUNt9 7'19~$ , " o!f~,i ,',1 . "J t ,. ~.., -p'-' 5. Upon a Motion for Emergency Relief filed on May 25/ 1999, on behalf of the father, and after a conference with attorneys for the mother and father and without scheduling a hearing on the matter, an Order of Court was issued on May 27, 1999/ by this Court vacating the custody Order of August 15/ 1995. A certified copy of the Order is attached and incorporated herein by reference as Exhibit B. 6. The mother asks that the court schedule a hearing, hold the father in contempt of the Custody Order of August 15/ 1995/ and grant her primary custody of the children since the father has willfully violated the terms of the Custody Order in ways including, but not limited to/ the following: a. In or about July of 1998/ the father took the children from Pennsylvania under false pretenses agreeing with, the mother to temporarily take the children with him to visit his girlfriend/s sick grandmother for an indefinite period of time, approximately a few months. Under these circumstances and with the understanding that the situation was only temporary, the mother signed an agreement allowing the father the visit Mississippi with the children. See attached Exhibit C incorporated herein by reference. b. Unbeknownst to the mother, shortly after his arrival in Mississippi, the father married his girlfriend in Mississippi, sold his home in Pennsylvania, and set up residence in several homes in Mississippi with the intention of residing permanently in that state. The father only returned the children to Pennsylvania on or about May 21, 1999/ for a "visit" with the paternal great grandpat'entll with the intention of their returning to Mississippi by plane on June 13/ 1999. c. Pursuant to the signed agreement (Exhibit B) the mother and the father agreed to allow the mother to make up the time she would be missing with the children when the children returned to Pennsylvania, but when the children returned to Pennsylvania in or around May 22, 1999/ the father refused to allow the children to stay overnight at the mother's home. The father arranged for the children to stay with the great- grandparents visiting their mother only at times agreeable to them. In or about May 22, 1999/ the mother, who had not seen her children for approximately nine months, asserted her rights to custody under the 1995 Order and kept the children overnight with her and their siblings. Whell Legal Services, Inc. Staff contacted the father's attorney to explain the mother's position and avoid further conflict with the father who had told the mother he was coming to Pennsylvania to get the children, the mother's attorney was informed that an Emergency Relief Motion was being filed on behalf of the father. d. The father has deceived the mother as to the whereabouts of her children. On or about May 21/ 1999/ the children came to Pennsylvania to be with the mother and the paternal great-grandparents. The father told the mother that the children would be flying into Harrisburg International Airport. The mother went to the airport to pick up the children; however, the children had actually flown into Baltimore and were picked up by the paternal great-grandparents. e. The father has refused to allow the mother reasonable contact with the children while they have been in Mississippi. The father did not allow the children to call the mother. The mother has written to the children at least twice a month since they have been gone. However, the father has refused to allow the children to respond to their mother's letters or to call her on the telephone. The mother has also requested report cards and information on her children/s education, and she has received no response to these requests. f. The mother has concerns as to the well-being of the children if they remain in the father's primary ctlstody since the father's behavior adversely affects the children in ways including: The father has on numerous occasions hit the children with a wooden paddle, and the children inform their mother that they are scared of their father. --- Y. ~Dtl Pl.ln~Ut IN TtfE CIOtIIIT or COI'IOH PI.EAB OP,. CUMBDlLAND CCIUHTY/ PDlNSYI.VAHIA v.. NO. 95-J400 CIVIL TERM JENNIFER C. HAMMAKER, Defendant CIVIL AcrION IN CUSTODY ORDER OF ~ AND tDl, this /5 day of O""'.rT / 1995, upon consideration of the attached Custody Conciliation Report, it is hereby ordered and directed aa follows: 1. Harrmaker, Hanmaker, 1993. The Father, Derek V. Hasrmakllr, and the Mother, Jennifer C. shall have shared legal and physical cUlltody of Cody Vaughn born December 21/ 1990 allJ Tyler John Harnnaker, born June 22, . 2. The Mother shall have physical custody of the Children as follows: A. On alternating weeks under Schedule A which shall be the period during the Father's workday on Wednesday, ThurnddY and Frida,' from_6:CO-6:30 a.m. until 5:30 p.m. on the same day. Schedule A shall begin on August 2, ]995. .~~,'&Il B. On alt9rnating '~eeks under Schedule B which shall include t~t1 period during the Father's workday on Wednesday from 6:00-6:30 _ ~:!'tl a.m. until 5:30 p.m. and Thursday at 6:00-6:30 a.m. until the following Sunday evening at 5:30 p.m. Schedule B shall begin on August 9, 1995. C. For purposes of sUb"sections A and B of this provision, the Father shall provide transportation of the Children to the Mother I s residence and the Mother shall provide transportation of the Children to the Father's residence. J. The Father shall have physical custody during all other times except as hereinafter provided. 4. Each party shall have physical custody of the Children for one uninterrupted week each sU/llller upon thirty (30) days notice to the other party. 5. The parties shall share and alternate holidays as tollows: A. The Father shall have physical custody: 1) In even nUmbered years - Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, Easter Sunday from 8:00 a.m. until 2:00 p.rn" Thanksgiving Day from 8:00 a.m. until 2:00 p.m., President's Day and July 4th, EXHIBIT "A" --...... -~ ,.-' ........ .... ~) In odd numbered year" - Chr~at"",a Cay at l2:oo noCll" untH o8cesncer 26th at. S:OO p.m., Ea.",..r SlJI'lday from 2:00 p.m. untH S:'~O p.m., '::hanksqlvlnq Day from 2:00 p.m. unul 8:00 p.m., New ~ears Ca.y, ~emorlal Day and L~bcr Da.y. 3) In every year - Father's Day. B. The Mother shall have physical custody: 1) In evan numbered years - Christmas Day at 12 :00 noon until December 26th at 8:00 p.m., Easter sunday from 2:00 p.m. until 8:00 p.m., ThanKsgiving Day from 2:00 p.m. until 8:00 p.m./ New Years Day, Memorial Day and Labor Day. 21 In odd numbered year's - Christmas Eve at 12:00 noon until ChristmaS Day at 12:00 noon. Easter Sunday from 8:00 a.m. until 2:00 p.m., Thanksgiving Day from 8:00 a.m. until 2:00 p.m. / president'S Day and July 4th. 3) In every year - Mother's Day. . 6. On all holidays for which times are not designated above I the period vf phys~cal custody shall be from 8:00 a.m. until 8:00 p.m. 7. The par.ies shall share physical custody of the Children on each of their blr~~days at times to be arranged by mutual agreement of the parties, 8. Trans?Crtation of the Children fcr purpcses of e~ch3nge of custody shall bt shared by the parties if not specifically designated in this order. 9. If any conflict arises between the reqular and holiday custody schedul.s, the holiday schedule will supersede the regular custody schedule. 10. The parties may modify the tet':l\9 of this Agreement by mutual agreemclnt. In the absence of mutual agreement, the custody provisions of this ccaer shall control. n. The parties have agreed to a six month review of the custody schedele set forth in this Order and, if necessary/ the parties may schedule a secelld Custody Conciliation with the Con~iliator at that time, BY THE COURT, " '"\(1." J ~I ~ t:J'~ . ,.~, t}..).(\.t\r J. ce: ~obert L. O'Brien/ Esquire :oan carey/ Esquire .- ~. ,. .... ""\' ..,. ... ..--:)r\ " :'."..J..1.tI ';,r :7\Y hand '. . ",,,, (J. /:s:().. .' '. ~ 190r I ' ,..,.. ......, ..I .." ..C,;iI.. ..,.. ....~. CZ. ~I.J....._.. - L:rn ,'ro,:lIlnotary DEREK V. HAMMAKER, PLAINTIFF V. JENNIFER C. HAMMAKER, DEFENDANT IN THE COU~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-3400 CIVIL TERM ORDER OF COURl: AND NOW, this 27th day of May, 1999, this matter having been called on a petition for emergency relief by Derek V. Hammklker, and having met with counsel for both parties In chambers IT IS ORDERED: (1) This court's custody order of August 15, 1995, IS VACATED. (2) The father Derek V. Hammaker, based on his having Cody Hammaker, born December 21, 1990, and Tyler Hammaker, born June 22, 1993, In Mississippi since the summer of 1998, Is awarded temporary primary physical custody of the children. (3) Upon relation that the mother Is going to file a petition for custody and that the children are now In Cumberland County with their paternal great-grandparents Manuel and Rosella Gonzales until June 13, 1999, when they are scheduled to return to Mississippi, and upon further relation that the mother has Just ended her current job and Is no longer working, the children shall be with the mother until June 12, 1999, SUbJect to the Gonzalesell seeing them for a reasonable period of time every third day to be arranged by the parties. '" / EXIU1\I'[' "1\" ~ . DEREK V. HAMMAKER, PLAINTIFF V. JENNIFER C. HAMMAKER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-3400 CIVIL TERM ORDER OF COURl AND NOW, this 27th day of May, 1999, this matter having been called on a petition for emergency relief by Derek V. Hammakor, and having met with couneel for both parties In chambers IT IS ORDERED: (1) This court's custody order of August 15, 1995, IS VACATED. (2) The father Derek V. Hammaker, based on his having Cody Hammaker, born December 21, 1990, and Tyler Hammaker, born June 22. 1993, In Mississippi since the summer of 199B, Is awarded temporary primary physical custody of the children. (3) Upon relation that the mother is going to file a petition for custody and that the children are now in Cumberland County with their paternal great-grandparents Manuel and Rosella Gonzales until June 13, 1999, when they are scheduled to return to Mississippi, and upon further relation that the mother has Just ended her current job and is no longer working, the children shall be with the mother until June 12, 1999, subject to the Gonzaleses seeing them for a reasonable period of time every third day to be arranged by the parties. 1/ By th. e C. ourt l' \. , ~ \ ' ".", Edgar B. Bayley, J. '. ,,/ " " ... " i; ,J: " ~'J " '" .. . I) " , 'I), " " ,11 'j ;1 , I I } "II '.} '.. ffi "' ~ ~ g < e 'rl ~ ... ~ 8 u '" ~ ~ ~ l 5 ., a:l .' I!! ;J ffi . ~ - ~ cc= -, fO ~ < 0 u .. '. -- AUG r 4 1995 M.. DEREK v. HAMMAl<m / Plaint if f IN THE COURT OF CctoIMCtl PLEAS OF . CUMBERLAND COUNT'i / PENNS'iLVANI~~ vs. NO. 95-3400 CIVIL TERM JENNIFER C. HAMMAKER, DefendllJ1t CIVIL ACTION IN CUSTODY ORDER OF COORT AND ra, this 15 day of o..~-r-..t- / 1995, upon consideration of the attached Custody Conciliation Report, it is hereby ordered and directed as follows: 1. Hanmaker, Hanmaker / 1993. The Father, Derek V. Harrmaker / and the Mother, Jennifer C. shall have shared legal and physical custody of Cody Vaughn born December 2l, 1990 and Tyler John Harrmaker, born June 22/ 2. The Mother shall have physical custody of the Children as follows: ..1..* '6'~ A. On alternating weeks under Schedul!l A which shall be the period during the Father's workday on Wednesday, Thursday and Friday from_6:CO-6:30 a.m. un~il 5:30 p.m. on the same day. Schedule A shall begin on August 2, J995. B. On alternating '~eeks under Schedule B hich shall include tll.. period dur ing thf! Father's workday on Wednesday from, 6: 00-6: 30 _ 'i: !..o a.m. until 5:30 p.m. and Thursday at 6:00-6:30 a.m. until the following Sunday evening at 5:30 p.m. Schedule B shall begin on August 9/ 1995. C. For purposes of sUb-sections A and B of this provision, the Father shall provide transportation of the Children to the Mother's residence and the Mother shall provide transportation of the Children to the Father's residence. 3. The Father shall have physical custody during all other times except as hereinafter provided. 4. Each party shall have physical custody of the Children for one uninterrupted week each SUmmel' upon thirty (30) days notice to the other party. 5. The partIes shall share and alternate holidays as follows: A. The Father shall have physical custody: l) In even numbered years - Christmas Eve at 12 :00 noon until Christmas Day at 12:00 noon, Easter Sunday from 8:00 a.m. until 2:00 p.m., Thanksgiving Day from 8:00 a.m. until 2:00 p.m., President's Day and July 4th. EXHIBIT "A" O~/26/1~9~ 22:30 717796016~ 05126/1"9 12:22 o:.01e2Ii,;47 [l 11~.~~..."..,E~ ~.. :.E ill LAlER OFfICE ';lPF>L~Q.'1 ;1"- I "l~ 411' :r: I t:>u-<..6( ~ C).""'~ ---Ie. c..... ;::.. +J, (,- o.t \ ~..W\.'V\,~ q;vt. ~fO"'4.t"u 3C)\o(, 1 l' I ~ -ol I,\\~I' ~ V\I\'{ ~r~J.p"",,,,,,,~~, ~....."...\ ~cl R....u...I~... ~M'1"'\'" .....~i\-t.. ~llf" V\:a.:{.;,,~ ~."'I"..,.... Tl>> ~r<.."'....+ ",; II ~'" 1.. 1'1 I I 'l q ~ I c:t... cl Cu$~O cl'f CJ..c l..I, \ \ ~H, tX ~ ,...." of..l.. ""'" (Y'\.c... . a, ""I .."' ~ T:, )t"r ~-4.....l'1 ,,-t l'"} ~tA~( lh'\ ( ., cJ.,'1 - 4"1c( I~ \ fr . Lc.JU\ ~ ,~ 1 . , 1\ t t"- '" 1 V If" ... I ... ) C. c!.'I o..",J ~/-<~ CU'{ a~ \O\4ll.l +0 U\~~~ W.."..... "-~.t,~.... (l A.4-"...." M'~"'c.,..., ~",~..c-.,.. C~ r <-.( \ as. \ Ow-\ "{ .. '\ p"'~ Q..... a If I" lI\ '" ~ 4!.W"'\ t.f\-h CV<", ~o....\.,("" l.t.J:~ Y\\~",.......\ ~..cl. ~K~\q ~'t to. I ~,.J, o.~. '\-\.,....A.. ~(."''''~ k)"'~ WClr~ S c.h.leQ.\.d-<. PItt"MA;+ s;: ; ~ ~ ~-( r w()r ~ ","o""os a. r" -<. .f...<.:)tIn. <of o~ AW1 .....41 D..: ~c) p.... . b<. (\(') -:t:-+ 'I \ M~ c( ~'" (.cs+ ,C:;~y s 6.v f. -l,\'...4 ~ 4.'-'< .,. ~ h. u- lwc,) r 1<. OUo(.rtl.;~ "'+ 5c.k~el." \( I ~<<'\'\W\l ~ r W......l (J~ ""Q.~ 0.... ~ tfP\ySf!,(.t a., .... c: (' J. v f 10 0"\ o '" M.. c..v S", /"'\.j '9Q CJ ,. bF.e ct:.. tll1>\ ...,. ~ r &f:r _"_ Jk!. > al ... If C;; f... .' '-,' ,., .. .1- HJ;,;,' ..)..r; - (.),) h.! ;r '.J ;" (~ j r ~ , ~!~j 1 ' ." t;~n [ ,I., I.I'" I " f;:j , ';,1 E' ~ll I !'11"'l:1 ,. . I' ..., 1.I~n.. '(' en c::.' (,) ()'\ d III 0< 01 l>l +> 01 H s:: 01 P- Q) 0-< '0 e5 z . s:: :r. M ~~ E-< . 0 I>: e5 I! p., .... I>: P. l>l ~ ): .... l>l OJ E-< ~ ... 0( I>l . .... ~ Q) ~ ~ UOO< E-:+> ~) H ~ ~ UH Z l>l s:: H > ~ Z 0 ~.... :> IE ~ O~~ tJ ~~ .0: J:: H ~ ~ 7, 0:: III U 9 IX f J>: . J:: < < >. ~H>l ~ a:l rI 0 > Q) 0 C5 ~ I>llll ~ 0:: U.... 0 '" 8l>l~ Q) "l' i!i2 :j Z . 1>:0 M '" l>l~~ 0 :> l>l I a:l ,< i:: - H ~ 111 O::U E-< ~ H 01 E-< 0 l>l ~ ~ X I>: ZO l>l l>l 0 H 0 t-:> Z ! " . 11'1" ".~ n'J"V7 .,./1 " . Rocky Gonzalez June 4, 1999 1240 Kuhn Road Boiling Springs, PA 17007 Flle#: 1190 Attention: In" #: Sample RE: DATE DESCRIPTION HOURS AMOUNT LAWYER May-26-99 Office conference with Robbie and Rocky to 0.50 62.50 RLO discuss situation with the boys and arrange for plan to address the situation, Phone call from Atty, Carey in reference to Jennifer's demands, May-27-99 Prepare and tHe Motion For Emergency Relief 1.25 156.25 RLO with Court Administrator, Phone conferences with Judge's secretary and Atty, Carey oflegal services to arrange time fur conference/hearing with Judge Bayley, Attend conference with Judge Bayley and Atty, .0.75 93.75 RLO Carey to set up temporary schedule with the boys while they are in Pennsylvania, May-28-99 Review FAX from Deb outlining the schedule 0.20 25.00 RLO for the boys while in Pennsylvania, Jun-O 1-99 Telephone conferences with Rocky and Deb 1.50 187.50 RLO about problems with Jennifer, Office conference with Robbie, Deb and Rocky and draft contempt petition for review, Calls with Atty, Carey while in conference to re-establish a schedule and follow up letter to Atty, Carey outlining schedule, Examine records at clerk of court's office, Jun-03-99 Telephone calls: Rocky 2; legal services 3; left 0,50 62,50 RLO three messages on Rocky's machine, Modify contempt petition to include 1I10st 1.25 156.25 RLO recent matter, tile with prothonotary. court administrator and Judge Bayley, Return to court house to obtain certified copies for service on Defendant. Reserve time for conte mol hearinll, 1,00 125,00 RLO EXHIBIT "All ~ (0) ~ &r. .. - .'.-r. ~~i -. '.bJ 1 ~~ (J;:,: (1 ~'.j ~f' ("' .' t"' ...' I 'l;V] ;' ..- ?, 111~ i!: ,lId 9 '1111. '. b ~, 0"\ -) en {.> ~ . ~~ ~I ~~ I!l ~. . j ~I ' ~l ~ i~ ~ ~ i ~ , .' , , , . . , , . .. . II ~ ~ o o "l' M J.. '" '" ~ ~ : ~ ~ ~ ~ ~ ~ E ~ ~ ~ ~ ~ ~ ,. ~ G . ~ ~ ~ ~ ',', . ' .', . . , . , '. . q ,n n ~:J. ,.1 " -or i ~.~ " till" ,-,1 ' " ,r, I, ... 'I: ." r I " JifJ (,);' IJ.l I,l, ~~.:{ r ,r- ,I 'J :. , :,: :,).., .~.. ( I r,CI "( l ):10 c. -. i~:f 11 ,,' .. :") .",) ,. -. .... ~ III 01 0< 01 Ial E- +l 01 ..:I ~ rJ "" P- ili . Ial 'C ):: ~ ,.., :Z:~ E- ~ n: g OE- :z: . 0 +l Ial ~E3 0 n:o. !': E- o I- ;;11I 'C ..:I 6 III < UUH n: W.... ~~ ~ H ... > J: ~ ~~~ 0 t.::+l 0 :> 6 t,,;) I- ~ ~ ~.~ 0. H Qii ~ ~ o :> 0< !': . fIl U ~ -< z E-::'J~ :z: tx:11l ..:111I S I- ~ o::l ~ 0 0<.... . 'C ..:In: 0 ~ ~ ~n:1Il H :cp. > . !': W 0 '" E- UIII III '<l" ~ o~~ 0 . "" III oc: '" ...... rz::l n:1II i:J I <::, u P. Iali=l n: lfl IalU i=l t.:: ~ 01 :x: n: W H i=l E-~ .... n: z H c :c Ial z :> 0 :z: E- o 101 0< :z: H .., 0 , , 'r '. .' '., . , . . .. .. JUN .I ., 111999" , . DEREK V. HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL.VANIA v, JENNIFER C. HAMMAKER, DefendanURespondent DAVID RUSSELL, Respondent 95-3400 CIVIL TERM r- '..,} , ) , \....) , , - , l'll /':t II.' ", , I I " ~ ~; 'J! , ~.; i " , " !I , , :. , .. , , -- , " co .. .p.) ~ -j '...) "lI .... ." -<. THIRD MOTION FOR CONTEMPT 1) Movant is Robert L. O'Brien, attorney for Derek V. Hammaker, Plaintiff In the above-captloned action, Respondents are Jennifer C. Hammaker, Defendant In the above-cap!ioned action, currently represented by Joan Carey, Esquire and her significant other. David Russell. 2) On June 3 and June 4,1999, Movant filed Motions For Contempt. with the Court against DefendanURespondent and Respondent. 3) On Friday June 4, 1999 Movant flied a second motion for contempt and served a copy on Joan Carey, Esquire and delivered a copy to the Sheriff for sarvice on Mr. Russell. Movant spoke with Ms, Carey and explained that Mr. Gonzalez would attempt to ~ick the boys up for the scheduled Sunday, June 6 visit, and that he expected that tha DefendanURespondent and Respondent would not continue 10 interfere with the arrangements, 4) When Mr. Gonazales went to Defendant's home to pick the bOYI up on Sunday June 6, 1999, he was told by David Russell that he could come in end vlllt the children in the home but he could not take the children, Once again. Mr, Russell hal DEREK V. HAMMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER C. HAMMAKER, DefendanURespondent DAVID RUSSELL, Rellpondent 95.3400 CIVIL TERM q , I (') , '0 '\t , ~:::I " ,I 1.1,11 ..... ; t IJ , " , I " " I, ':U i '. ~) ., , l r" I' , ,; ,'O,. .. I ,'.f -. '1:!.1 :~ : :' ", , -- , I'n .. ,I .... ,! :,,) ,:,.) -<; -./ ~ ... V. THIRD MOTION FOR CONTEMPT 1) Movant Is Robert L. O'Brien, attorney for Derek V. Hammaker, Plaintiff In the above-captloned action. Respondents are Jennifer C, Hammaker, Defendant In the above.cap~loned action, currently represented by Joan Cargy, Esquire and her significant other, David Russell. 2) On June 3 and June 4, 1999, Movant filed Motions For Contempt, with the Court against DefendanURespondent and Respondent. 3) On Friday June 4, 1999 Movant flied a second motion for contempt and served a copy on Joan Carey, Esquire and delivered a copy to the Sheriff for service on Mr. Russell. Movant spoke with Ms. Carey and explained that Mr. Gonzalez would allempt to pick the boys up for the scheduled Sunday, June 6 visit, and that he expected that the DefendanURespondent and Respondent would not continue to interfere with the arrangements, 4) When Mr, Gonazales went to Defendant's home to pick the boys up on Sunday June 6,1999, he was told by David RUllsellthat he could come in and visit the children In the home but he could not take the children, Once again, Mr. Russell has SAIDIS, GUIDO, SHUFF &I MASLAND 26 W, HISh Stre" Carll. I., VA DEREK V. HAMMAKER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA CIVIL ACTION - LAW NO. q5 - 3400 V. JENNIFER C. HAMMAKER, Defendant IN CUSTOPY MEMORANDUM I. fA~TUAL/PROCEDURAl, HISTORY, This case comes before the Court on a Petition for Modification of the cunent CllEltody Order filed by the Defendant, Jennifer C, Hammaker. The pat"ties had previously reached an agreement during a custody conciliation conference, which was subsequently enter into a Court Order on August 15, 1995. The parties are the parents of two children involved in this proceeding, Cody Vaughn Hammaker, born December 21, 19~0 and Tyler John Hammaker, born June 22, 1993. The parties at the present time have shared legal and physical custody of the chi ldren . Although the father has alternating weeks of physical custody, the children are actually spending the majodty of that time with their great-grandparents, who are the paternal grandparents of the father. The father has only been seeing the chJ.ldren during part at the weekend that he actually has custody pursuant to the Order. The great-grandparents have enrolled Cody in Rice Elementat"Y School, even though the mother lives within walking SAID IS, GUIDO, SHUFF & MASLAND 26 W, HISh 51"'.' CorU,I..PA distance of Letort and takeH her uther child to school there. The great-gral'dparents provide all the transportation on the weeks that they have the children, but the mother has to pick the children up and make arrangements to take Cody to Rice Elementary when she has periods of physical custody. The mother only entered lnto an agreement in August of 1995 thinking that it was on a temporary basis until she secured housing that would be sufficient for both of these children, her child to a previous relationship, and the child of her fiancee, who all live together. Now she has a four- bedroom home and has adequate housing for all of these children. In addition, the mother is not working at the present time, and is able to care for Tyler who is not in school yet, on a full-time basis, and will be able to care for Cody as well during the summer months in the time that he is not in school. She will be enrolling in classes at the O.P.I.C; however, she will most likely do this next fall and will take classes at times convenient to have her fiancee watch the children during periods if she has physical custody, and would still be available through the day time hours to provice for the child care for the children as needed. Although the parties have a shared relationship at this time, the children have always been with the mother, and the mother feels that the ones pushing for a shared relationship at this time are the great-grandparents, and not the father of the ch il dren . SAlOIS, GUIDO, SHUFF &I MASLAND 26 W, IIISh 51"'.. Cull.le, PA The mother would like to enL'O II Cody in Letort Elementary School for the fall of 1997, and will be enrolling Tyler there once he is of school age. She will be able to walk the children to school, and they will not have to get up as early as they have been just to satisfy the arrangement of the great- grandparents. Mother dusires primary physlcal custody of the children subject to periods of partial physical custody with the father, so that they are not living in three households at any given time. II . WITNESSE,S. The Plaintiff intends to call the following witnesses: A. Jennifer Hammaker, the Petitioner. B. Timothy Armolt, Petitioner's fiancee. C. Sharon Moye, Petitioner'S mother. D. Jane Stewart, the grandmother of Petitioner'S daughter, Chelsey. E. Cody Hammaker, the older child, who wants to express his desires to remain in the home of the Petitioner and does not wish to live with his great-grandparents. II I, PROPOSED RESOLUTION OF THE CASE It is proposed that mother has primary physical custody of the children, subject to periods of partial physical custody with the father. She would agree to keep the Order as it stands until the summer, but would like to enroll Cody in Letort Elementary School. Provided that the father would make arrangements to take the children to Letort Elementary School, 151 \.,~ .. ~ '1 :...:: L,.,. t:- '11 rj r.. ~ ('J , , 1/-' '1 1'.J ,'- '" t..~ " ~ ('S 4 ~ 1II .c: 101 ,.J . E-< - :r. ~~ ~ '" '" '" - lo.l ~Iol 101 '" I>: .c:E-< 0 ~ 101 i 1-1 m E I- ~a 0:: ,.J uH ~~ .. a I Hi>< . o ~ U 0<"" >0 .. z u~ > P: l': ZHO e EEl ~ .. '''; '" . ~ ~~ ~ '" u::'" , ,'0 0(,1 E-< 0 g 0 s:: u r:: H (J) ~ >- 01-1 ls. '''; > QJ E-<aD dlI . III '" ' '" UOU . z E-<Iol ~ Z >... "'.... .0:..,. . Z l Z ~~ 101 0 1>:"" 101 III 1"1) ~ j i ~ ... H ls.Cl H I H .. o "" E-< 101 H Hlf1 j U H '" Z >'" E-< 101 Z H '" ~ III lolls. 101 Cl 101 UO [i; ~ J !:Co "" .., Z II: E-< ~ Z H , , . ' , . . , r . ...,iL I -, DEREK V. HAMMAKER, Plaintiff I I IV. I JENNIFER c. HAMMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-3400 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT 1) Petitioner is Derek V. Hammaker, residing at 1622 Walnut Bottom Road, Carlisle, Pennsylvania, 17013. 2) Respondent is Jennifer C. Hammaker, residing at 32 West I High street, Carlisle, Pennsylvania, 17013. 3) The Petitioner and Respondent are sUbject to a Court Order in reference to the parties' two children. A copy of the Order is attached hereto and incorporated herein by reference. 4) Pursuant to said Order of Court, the Respondent was to have returned the boys to Petitioner at 5:30 P.M. on Sunday, Septembor 24, 1995. She has not done ao. WHEREFORE, Petitioner respectfully requests that: A) the Court issue a Rule upon the Respondent to show cause why she should not be held in contempt; B) the Court order and direct that the Order of August 15, 1995 be enforced with the assistance ot the Sheriff's Office; and, C) the Court order such other relief as is just, innludinq the payment of reasonable attorney's fees by Respondent to Petition for said contempt. - - AUG II. 1995 Moo DEREK V. HAMMAKER, Plaintiff IN TilE COURT OF C(l'lMON PLEAS OF.. CUMBERLAND CQUN1'Y, PENNSYLVANIA vs. NO. 95-3400 CIVU. 'l'ERM JENNIFER C. HAMMAKER, Defendant CIVIL AC'l'ION IN CUSTODY ORD\!R OF <nJR'l' l\ND!Of, this 15' day of o."f""t-, 1995, upon consideration of the attached Custody Conciliation Report, it is hereby ordered and directed as follolO's: 1. Hammaker, Hammaker, 1993. The Father, Derek V. Hammaker, and the Mother, Jennifer C. shall have shared legal and physical custody of Cody Vaughn born December 21, 1990 and 'ryler John HalTlT1aker, born June 22, 2. The Mother shall have physical custody of the Children as follows: A. On alternating weeks under Schedule ^ which shall be thE! period during the Father's workday on Wednesday, Thursday and Friday from 6:00-6:30 a.m. until 5:30 p.m. on the same day. Schedule A shall begin on August 2, 1995. B. On alternating weeks under Schedule B which shaU include the period during the Father's workday on Wednesday from 6:00-6:30 a.m. until 5:30 p.m. and Thursday at 6:00-6:30 a.m. until the following Sunday evening at 5:30 p.m. Schedule B shall begin on August 9, 1995. C. For purposes of sub-sections A and B of this provision, the Father shall provide transportation of the Children to the Mother's residence and the Mother shall provide transportation of thE! Children to the Father's residence. 3. The Father shall have phyaical custody during all other times except as hereinafter provided. 4. Each party shall have physical custody of the Children for one uninterrupted week each summer upon thirty (30) days notiCE! to the other party. 5. The parties shall share and alternate holidays as follows: A. The Father shall have physical custody: 1) In even numbered years - Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, Easter Sunday from 8:00 a.m. until 2:00 p.m., Thanksgiving Day frem 8:00 a.m. until 2:00 p.m., President's Day and July 4th. 2) In odd numbered years - Christmas Day at 12:00 nOGtl'until December 26th at 8:00 p.m., Easter Sunday from 2:00 p.m. until 8:00 p.m., Thanksgiving Day from 2:00 p.m. until 8:00 p.m., New Years DAY, Memorial Day and Labor Day. 3) In every year - Father's Day. B. The Mother shall have physical custody: 1) In even numbered years - Christmas Day at 12:00 noon until December 26th at 8:00 p.m., Easter Sundey from 2:00 p.m. until 8:00 p.m., Thanksgiving Day from 2:00 p.m. until 8:00 p.m., New Years Day, Memorial Day and Labor Day. 2) In odd numbered years - Chriatmas Eve at 12:00 noon until Christmas Day at 12:00 noon, Eaater sunday from 8:00 a.m. until 2:00 p.m., Thanksgiving Day from 8:00 a.m. until 2:00 p.m., President's Day and July 4th. 3) In every year - Mother's Day. 6. On all holiday:! for which times are not designated above, the period of physical custody shall be from 8:00 a.m. until 8:00 p.m. 7. The parties shall share phyaical custody of the Children on liach of their birthdays at times to be arranged by mutual agroement of the parties. 8. Transportation of the Children for purposes of exchange of custody shall be shared by the parties if not specifically designated in this Order. 9. If any conflict arises between the regular and holiday custody schedules, the holiday schedule will supersede the regular custody schedule. 10. The parties may modify the terms of this Agreement by mutual agreement. In the absence of mutual agreement, the custody provisions of this Order shall control. 11. The parties have agreed to a six month review of the custody schedule set forth in this Order and, if necessary, the parties may schedule a second Custody Conciliation with the Conciliator at that time. BY THE COURT, 15/ ~t,fj~~ .,.~, ~(\l:tf~cl- J. ec: Robert L. O'Brien, Esquire Joan Carey, Esquire _.. I a _. .., '7:.""0 . -....1':' , ~ . ,y hand ."".. ',", I"'J. ,S:t/.... "_,.1 ~. , 199.5:: ..~ C( .1?~l.J.......... L~ 1)liJlllulHftiJry I,' I J ... d $ ~ '-:1 ~ ~ ~'. . . ., , vi ..; , " '" 1'i ", ~ ,. ~-' -1'1 ' , .. .. ~ 1:- \ , , , , ". , . 8 t:n .r,,' , #' . , . ',"ILl " " ,. 'N .. ~ ~ .., \. ~ "l ~ III 0< III ~ . ii~ . n t PI ~ ! 0 . III " H PI t.: ~ ~ ..c III ~~ ~ < aO!:! ~ t.:... ~ ~ ~ ~~ ~ ~ or. O~I> F. ~ a . ~ () l: ~ ~ ~ ~..l ~ te.... ~ PlQl ~ ~tl~ l>< "' Jal'" - r: ~ Q t.:.-t l>.Ql ~ . ~ a 1Ilp,. HQ ,. '" ~ ~ 8~P. E-o PI "" ~ III Jal 0 e Q Jal .., JaIl>. ~a :z: ... " I,' " ,'j' " ,. " ' . .., ~ .~ I, .' ' 'I' . ,.' : .. i ...... " " I I ~ V. 1WfoW<ER, Plaintiff IN '!lIE axJRl' OF ~ PIEM OF aJMI.lERI.AND 0XJNl'\{, PnlNSYLW\NIA VS. CIV!L ACl'IOO - UIW NO. 9S'- i Y lIU CIVIL TJ!aoI JmlNIFER C. 1WfoW<ER, Defen:iant IN aJSWDY 'I ,I <X:toIPIAIN1' FOR aJSTODY 1. Plaintiff is DrnEK V. HmlAKER, an adult individual, c:urrently residing at 1622 Walnut Bottom Rood, ('.arlisle, CUmberlam Coonty, l'Ilnnsylvania, 17013. II II I 2. Deferdant is JENNIFER C. 1lI\MMAKER, an adult irdivic:lual, currently residirg at Apt. 202, 32 W. High street, Carlisle, CUmberland County, Pennsylvania, 17013. 3. Plaintiff seeks cu.stody of the follCMing children: Tyler John, age 2 years, born 6/22/93; am, Oxly Vaughn, age 4 years, born 12/21/90. i '!he children were not born oot of wedlock. II '!he children are presently in the custody of Plaintiff, who resides at II 1622 Walnut Bottom Road, Carlisle, CllIrOOrlard Coonty, Pell/'lEY'lvania. 11,1 During the past five years, or since the children's birth, they have resided wit.'1. the following peraons at the following addresses: (a) from birth to July, 1994 with Plaintiff and Defen:iant at 83 Buttonwood Drive, Dillsburg, Pennsylvania, York County. (b) from July, 1994 to June 11, 1995 with Plaintiff and Defendant at 1622 Walnut Bottom Road, CarliSle, Pennsylvania, CUmberland Coonty. (e) from JW'\El 11, 1995 to June 23, 1995 with Defendant and Tim (lllSt name unJo'lOWl1) at Apt. 202, 32 W. High street, Carlisle, Pennsylvania, OJni:lerlani Coonty. ! (d) f~ June 23, 1995 with Plaintiff at 1622 Walnut Bottan Road, carlisle, Pennsylvania, CUmberlan:!. '1he natural IOOther of the children, Jennifer c. H.anrnaker, currently residing at Apt. 202, 32 W. High Stl~t, Carlisle, PA. She is married to Plaintiff '1he natural father of the children is Derek tIaJTrraker, cun'1llltly residirq at 1622 Walnut Bottom Read, Carlisle, PA. He is rrarried to Deferdant. 4. '1he relationship of the Plaintiff to the children is that of natural father. '1he plaintiff currently resides with his sons 'Iyler ard Cody. 5. '1he relationship of the Defl!lY.lant to the childn>.n is that of natural I II il I I I' ITOther. 6. Plaintiff an:! Deferrlant have participated as a party or witness, or in other litigation, concerning the custody of the children in this or in this Court. '1he parties separated for a period of time in 1992 ard the parties enter into a consent agreement ard order in a Protection From Abuse matter. '1he parties reconciled shortly after entry of the order. Said order having lapsed by virtue of the parties' reconciliation ard/or the passage of one (1) year effective September 8, 1993. '!he aforerrentioned custody order only involved the child, Cbdy. Plaintiff has no infonnation of a custody proceedinJ corr.emin;J the child perding in a court of this Calvoc>nwealth' Plaintiff does not knc:M of a person not a party to the proceedings who has ~ysical custody of the children or claims to have custody or visitation rights with respect to the children. 7 . '!he best interest an:! pennanent welfare of the children will be served by grantirq the relief requested because: . . (a) 'Ihe mother has wilfully deserted the marital residence an:! hils begw'I an adlllterous relationship with another man. (b) 'Ihe father can provide a steble hanB aM environment for the dUldren in the residence where they have been for the past year. 'Ihe father hils adequate child care arrarqements for the children although he is Pl:'ElBElntly \JJ'leI1illoyed aM is able to care for them full tiIoo. '!he apartment that the mother is believed to reside in is also believed not to have sufficient roan for her, her boyfriend, the boyfriend's child aM Cody aM Tyler. 6. Each parent whose parental right.'3 to the children have not been tenn1nated aM the person who has lX1ysical custody <:Jf the children have been named as parties to this action. All other persons, named below, who are kn:Jwn to have or claim a right to custody or visitation of the children will be given notice of the pemency of this action aM the right to intexvene. NAME ADOOESS BASIS OF CIAIM None WHEREFORE, Plaintiff requests yoor Honorable Court to grant Plaintiff primary custody of the children. Respectfully sul:mitted, Date: ~f23/e;s- , ~~ Rebert L. O'Br en, Esquire O'BRIEN, BARIC & SCHERER 17 West Sooth street Carlisle, PA 17013 (717) 249-667 .------:--.-...-.,t,;.:~;:.:__.~ --'"""l'. . l ,.,. "",I-l' ~ c;J ('; I , - . .. \ I~ - - , I;P. ~~ .'J':-I.I ( -..; 'I,;~ (' " , /} (, "'1 ~I' 14 ...-' '{\i~ f' : ~ . I ~. :, ~ ' b _n "'J (7' /) s! ~ ~ H II<~ S ... a :s .... iie~ ... +J H e ~~~~~ '... Q r.. +l U H d t:l .... 0 r..~~ ~ I~ :c ~elI>< ffi~ ~ o ~lilG~g o u r.. ~ d:r:~ ~r~ . . z ~ ~c,;i:C-~ C> u 0 8 ~tl H , ~ E-< . :ll ~ s: 1 H a :;:~ t ~ u ~ I ~ ~~i~ II< rIJ , ' I, ,1'1 I I ,I , . . . " . I, I, SAIDIS, GUIDO, SHUFF &I MASLAND 26 w. HI~h 5'",.' Corll,le. PA P8RKK V. HAMMAK8R, Plaintiff IN THE: COURT or COMMON PLEAS, CIJMllERLAND COUNTY, PENNSYLVANIA NO. 95-3400 CIVIL TERM v. JENNIFER C. HAMMAKER, Defendant CIVIL ACTION IN CUSTODY ORDER 01" COURT AND NOW, NoJ. ~, ll'l~ , , upon consideration of the attached p~~ition, it is hereby directed that the parties and their respective counsel appear before _Hv.))I' ft. '}-- b'"I, 0 y t.J..'1 , , the conciliator, at ~tlb--' ) () 0 , ( L"'\~, (v {uJo,ItJ\JIlI_" on the ~ day of ,"-J- (,t\""""t, I,!--_, 19"1, at --10 ' ~ 1/, 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. All children age five or older ~~i~ also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, :::N~( K.h~l0-'{s" Custody Conciliator ty ,.~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II" YOU DO NOT HAVE A LAWYER OR CANNOT Al"rORP ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO r ~D OUT WHERE YOU CAN GET LEGAL HEI,P. By: OFI"Icr:; or THE c~ '''T ADMINISTRATOR ONE COURTHOUSE SQv~RE CARLISLE, PA 17Q13 (717) 240-6200 SAIDIS, GUIDO, SHUFF &I MASLAND 26 W, HISh 5'"" Carll.I.. PA DEREK V. HAMMAKER, Plaint if f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3400 CIVIL TERM v. J~NNIFER C. HAMMAKER, Defendant CIVIL ACTION IN CUSTODY PETITION FOR MODIFICA'l'ION AND NOW COMES your Petitioner, Jennifer C. Carey (formerly Jennifer C. Hammaker) by and through her attorneys, Saidis, Guido, Shuff & Masland and respectfully aver the following in support of her petition for Modification: 1. petitioner is Jennifer C. Carey (formerly Jennifer C. Hammaker), an adult individual residing at 143 N. Bedford Street, Carlisle, Cumberland county, Pennsylvania. 2. The father is Derek V. Hammaker an adult individual residing at 1622 Walnut Bottom Road, Carlisle, cumberland County, Pennsylvania. 3. On or about August 15, 1995 after a conciliation hearing, an Order of Court was entered for shared legal and physical custody of the child, Cody Vaughn Hammaker, date of birth 12/21/90, and Tyler John Hammaker, date of birth 6/22/93. 4. pursuant to that Agreement, the parties were to share an alternating week baElis, with each party receiving custody of the children approximately 50% of the time. 5. The part ies entered into this Agreement on a te,llporary basis due to the living arrangements of the Petitioner. 6. Since the time of the current Order, the Petitioner has moved into a four-bedroom home, and has a better life-style than that from which she moved. SAlOIS, GUIDO, SHUFF &I MASLANO 26 W, HISh S're.' Carll.I., PA 7. In addition, it is not the Respondent that is enjoying periods of partial custody, but it is the Respondent's grandparents (the great-grandparents of the children), who have been taking care of these children during the times in which the Respondent is supposed to have physical custody. B. Further, the Respondent has only seen the children on an alternating weekend basis, and the great-grandparents have enrolled the children in another school district (Rice Elementary), and have been making all parenting decisions duri!lg the time that the Respondent is to have custody. 9. The Petitioner knows that it is in the best interests of the children to give her primary physical custody of the children while permitting the Respondent to have periods of partial physical custody on weekends, during the summer, and during the holidays, especially since her other children go to Carlisle School District and are enrolled at Letort Elementary. She is not em,ployed at this time so she is able to take care of all of the children. Further they will be given a more stable home environment rather than being transported to three different parties' homes. WHEREFORE, the Petitioner requests Your Honorable Court to enter an Order modifying the current custody situation to . " " " .t ~ lfl .- , - , ).. ("'j . '.r (" ~'~ ,..' r)" ),": 1->' ", i- " u.. . 'r . J '?.' . ' ,. &1:' lJ') ...1"1 < . '.... I . ' Il, \q I c. . () ~ . . ~~ ~! I~ '" . ! ~ 0 i~! II ,- ~5 ~ ~ ...l :S ~'~ Ii ;; ~ H u! ul!il;:l E ~ ill l:!~ . gts ~~ ;- ~ ~ ~ ~ i~ r ~< '" ;~ ~E~ .. ~ ~ ~ :.: l/1 ~ Q .u 0 e ~ ~ ----.--..-..... . I I' ." , I, " I" ' , . I' , ',' , '. , " , " I .. :.... .~" ," .... 4 ~ DEREK W. HAMMAKER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3400 CIVIL TERM r.IVIL ACTION-LAW IN CUSTODY JENNIFER C, HAMMAKER, Defendant BllRQJIU. TO PETITION "OR MODIFICATIOH 1. Admitted. 2. Admitted. 3. Admit ted. 4. It is denied that the parties shared custody approximately 50% of the time, the father has the children approximately two-thirds of the time. 5. It is denied that the parties entered into an Agreement due to the mother's living arrangements. Ths agreement was e'.tared into because of the children' s best interests. 6. The Respondent believes the mother's lifestyle remains unchanged. 7. The father utilizes his family to assist him in child care during the hours he is employed. 8. The father has his children with him other than the hours he is employed. The father enrolled the children in the school appropriate to his residence. This is the school district that tte Petitioner and father selected when they purchased the home that continues to be the primary residence of the children. Petitioner is now seeking to change the custody because it has become inconvenient for her to pick the boys up in Mount Holly. " . . r IN THE COURT UF COMMON PLEAS OF CUMBERLAND COUNTY. CRIMINAL. DIV. NO CfllMINAL 19 III '" CHARGE ~.Ihn-'J III I Y r. I, .II ,l',lm '-'Iii 1 C:tm!Jl.'Jrg'!;'y__,t~~_J._ L',Crlrn1l1dl Truup.Hill F-J.,I>.'I'hut't By UnJ.owtul '1'.Jldil~J N-l,l';.C.' imlll:11 '" iuddu't -M":---------- 1"..ll!.JU.lJ\:l,iU.LUY lUl'L1U.L;Lu LJl Cr..tulluLll.._t4-1._______ COMMONWEALTH VB Dov ld IHlUIW II 111~ N.I'itth ot. lIarriLiburu Pd,l7l10 AFFIANT Ill! I, . ,)I)ul'pll IllIWtl,:, ~ 1 VII r t~J.1_~ :1:~.~!~~.~_........____.~_.. OFFENSE DATE . il l~I.LL_,__.__.m____.__,_ COMPLAINT DATE 2/3/93 DOB 12lJ.J./'IJ ....___.____..._.__.~. _, m_ BAIL Jolt 2/J/9J. $10,000.00 .. __.______.__ _... - _u._.'. ........_......_.__.__ POSTEDBY2-1~-')j $5'/0 oot. J... 010r ------.,{I,I.'<lri"'.+-t,'i"-<.d'7t7~-r.m-- VERDICT r7 OTN E02~39J-4 FLED rub.L2.199J -..-..---.......- ,- _0--- .-.... -... .... __..~___.h... --.--- _.--. -,-- ----.-.-.------..- ~- - ARD FEE BW COSTS f'arnor :12 50 .-~--_._-.-_.__.__. ,.--.- .. ..._. - DISTRICT JUSTICE JCP _L ~..2.. .--....-.,.-..-.-- ---.,' - -._-~ ._-.~_._- ..-.. - CAT FUND -?f~ ~_._._--_.__._--_. -- f---. . ..-V CONSTASLE EMS ~3]~AE.DSTS __ ..!.t... ,.z:. -- -,- - _n_.______,___ .__ DISTRICT ATTORNEY CC ,',/,/1" "'."C ,';. ::J-i 10 00 ,.Jj_ _llQ.. .!M._1Q_,l}_~_...'J': 'I :;~- --, u__,_ -- n...___... SHERIFF 1 ~o CVC L5 00 ...- ---~-- ---.- -.-.-. ---....- ...----..- -.'- ....-. -,-- -. .-----------.-.-..- -.- -. - FILING PAPERS ..1_0. .!J.lL DV LO 00 -_..__._.~ -.-~~._--- --~-_._- .-..--- --- .- u FINE NOLLE PROS .--------... .-----..-- -. ." CUMBERLAND CO, (USE) TRANSCRIPT .----- ------- .-.-.-. -.-- -- BREATHALYZER RESTITUTION 324 .00 TRANSPORTATION COSTS FORFEITUAEOi'-----. .------- ._,- RECOGNIZANCES --._, -- _n_ ._._-------~_.._.- -..-. EXPUNGEMEN'f ---.--.- .....- -- -~._.. -------------.,.- -- -- --- --. --- 1----.-..------.--- ....-- - APPEARANCE PRAECIPE -.-----.---- ~-- - --------- - ---. .+ i WITNESS BILLS . - ---.... -.---- .-- -. --..-.-------......--.. -. - --.-. f-- , , '. ~.' , _._-~---------- - ---------- " I, II', '1" " .. " I .. ------------;:--" - ,d-u. ..-.---.----..-..- 1------ -, - --------.-- --- --..- -.: ~~ ' \ COURT COSTS PAID --~{ In. T7 ---------------.-..-..--.----. ----- .---.. ...._--.--_... u__ -- - ---- -. - :p ,:lp~ --_._~_...__._-.-_. -- -_. -,_. ----- - -_.._-_._~--_.. - --, -.'-'-- \\. iL' (-1'"\ LlLf '"II it I, ilillll,_\' , II, "~I"" tAC ,I QV I -, I OLe ~""I,:, l,,', UI!,I 'I', ~ , . FlLEDI FlIb. ~l-l, l'JI)! l1'1'1 PlJL^,I'lON n LW I f'EUIHlAIlY ''', I'J'13 OI<lJf:i' Of' l'UlJl<'l' ANIJ N()W, 'l'hiH ..!')th do.y uf Fubruary, l'P)), pUrliU,lIlt lo till L1tJrOOmunt butwoOI\ thu OiutrLct ^tt()rfl~ylu Oftlcu dlld tllu IJubLlc Uotund~r Office, buil in tho tlbt}VU Cdl)tit)ll~d l'l.lttur stltlll bu rcduc:utl tl) ~~OO.OU, By thu Court, J. Wualuy Olot", Jr., J. FI LED' MAI<C,I! 2, 1')93 NonCE OF Tl<tAL JOINDER. filed. FII,ED I MMCII 2. 1993 CITATION Of' STATU'I'l: 16 Pa.C.S.A. Soc. 3502 (AI f'II,ED. MIlCII 2. 1993 CITATION OF STATUTE 16 Pa.C.B.A. Bee. 903 (BI l'lLED. MAIlCII 2, 1993 CITATION OF 5TATUTH 16 Po.C.S.A. Sec. 3503(0)( 1)( iil (el FI LED. MAIlCII 2, 1993 CITATION Of' STATUTE 16 Pa.C.B.A. Bec. 3921 ( D) FILED. MAI<C,II 2. 19~3 CITATION OF STATU1'E 16 Pa.C.S.A. Sec. 3304 ( E) Fl LED I MARCH 2. 1993 CITATION OF S,'A'!'UTE 16 Po.C.S.A. Ser:. 907(.) ( F) FILEDI March:i, 11)93 ACKNOWLEDGMENT OF ARI<AtGNMENT. file~. Prc-triill conforcncc schedulod for March JO, 1993, at 1130 p.m. and schedul.ed for April 5, 1993, at '.hOO a.m. FT.LED' 3/9/93 trial IN I<EI APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW. this 5th d.y of Morch. 1993. the Public Defender is hereby appointed to represent the defendant on the above charges. By the Court, Kevin A. lIess, J. FILED. 3/9/93 IN RE I AI<IlAIGNM~NT ORDEfl Ql' COURT AND NOW, this 5th day of March, 1993, the defondant. h.ving .ppe.red in opfln court together with the Public Defender, Willidlll Braught Esquire, tlnd tendered pleas of not guilty, same are rccc)rded. The defendant 1s dirocted to 8ppe~r for trial on Monday, April 5, 1993, at 9100 a.m., and at a pretrial conferonce on Tuesday, March 30, 1993, at 1130 p.m. t3y tho Court, Ke\lin A. HOSG, J. ~"ILED~ APRIl. 5, 11)9) IN HEI Jo'OH TRI^L OIlDEll OF .;ouwr DAT8D' '1ARCH 30. 1993 J. ~1r;SLF.Y OLEH, .JR., J. CCS600 ~049+21l0519!l9 1993 - 00250 RUSSBLL DAVID Page 1 ..........................".. GBNBRAL INFORMATION ............................. Clerk s Filing Date.. 2/12/1993 And Time..... 8:00 Case Type/Act ,ion . . . . . 1 1 CRIMINAL COMPLAINT Docket No. Fin Auth.. - 0000000 - OTN... ....... . ....... E0253934 Final issuing Auth... 170 FARNER GLENN R ID~ 00000 Municipality Code. ... 25 SILVER SPRING TOWNSHIP Social Security No... 197-62-1233 Primary Address 1.... 279 FREDERICK ST APT C Address 2.... City, State, ZipC','de. HANOVER, PA 17331 Alternate Address 1.. Address 2.. City, State, Zipcode. 00000 Date of Birth........ Sex... . ...... ........ Race................ . Operator License No.. Affiant 1............ Af fiant 2............ Date of Arrest....... Mag. Complaint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hcaring Date. District At.:orney. . . . Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc....... Surety. . . . . . . . . . . . . . . Bail Set Amount...... Committed Date. ...... In Jail/Fugitive... State Id Number. . . . . . Auto Registration. . . . Public Comments...... Reference Number. . . . . CQurt Stenographer... FBI Id Number..... ... Height.. ............. Bye Color............ Office Comments... . . . 12/22/1973 (M=Mnle/F=Female/U-Unknown) State, , , , , , , DET. JOSEPH DOWS State Police N 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 PIA Time.... 2/25/1994 PROF. VIVIAN ROCKEY 500.00 0/00/0000 N (Y.ln Jail/ N.Not In Jaill F-Pugitive) 0000000000 State. . . . , Weig,ht, . . , . , . . I . . . . . . t, Hair Color........ . . . I CCS600 1.o49~1l051999 1993 - 00250 RUSSBLL DAVID Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 _ Pre-Sentence Invest.. Trial Commenced Date. Trial Judge..... ..... Senten~e/ARD Date.... Errect. Date or Snt.. Superior Court ~..... Filed/Reopened Description 2/12/1993 INITI~L FILING 0/00/0000 62 HESS KEVIN A IDH 16090 0/00/0000 0/00/0000 Disposition 0/00/0000 Disposition Code X......................... ...................... ALIAS OR CO-DEFENDANT INFORMATION ...................... Alias or CO-Defendant Name Type ............................. CHARGE INFORMATION .............................. Date Chrg Cot Section Sub Grd Desc 1/29/93 A 001 CC3502 F1 BURGLARY 1/29/93 B 001 CC903 F2 CONSPIRACY 1/29/93 C 001 CC3503 F3 CRIMINAL TRESPASS . ENTER STRUCl'URE 1/29/93 D 001 CC3921 Ml THEFT BY UNLAWFUL TAKING -MOVABLE P 1/29/93 E 001 CC3304 M CRIMINAL MISCHIEF 1/29/93 F 001 CC907 Ml POSSESSING INSTRUMENTS OF CRIME .......................... DOCKET ENTRY INFORMATION ........................... Case Type. .: CRIMINAL Case Action. .: COMPLAINT - - - - - - - - - - - - - FIRST ENTRY - - - - - - _ _ _ _ _ _ _ _ 3/10/94 BENCH WARRANT, FILED. 3/8/94 ORDERED BY GEORGE E HOFFER, J. ---.--.. .------------------..--.------------------------------------- 5/04/94 PETITION FOR REVOCATION OF PAROLE 5/13/94 PETITION FOR REVOCATION OF PAROLE 5/13/94.WILLIAM BRANDT, PETITIONER ------------------------_________M_________________________________ 5/19/94 ORDER OF COURT, FILED. 5-13-94 HBARING FOR REVOCATION IS SET FOR 5-17-94 AT 1:30 PM, Cl'RM 4, BAIL IS SET AT $1,000. KEVIN A. HESS, J. ------------------------------------------------------------------- 5/19/94 ORDER OF COURT, FILED. 5-17-94 PETITION FOR REVOCATION OF PAROLE IS GRANTED, DEFT RECOMMITTED FOR BALANCE. HE IS PAROLED IMMEDIATELY UPON PAYMEWr OF COSTS AND RESTITUTION KEVIN A. HESS, J. ------------------------------------------------------------------- 6/08/94 PAROLE, ORDER OF COURT 6/8/94. DEF. PAROLED WITH SUPERVISION EFFECTIVE 6/8/94 FOR THE BALANCE OF HIS TERM. ORDERED BY KEVIN A ------------------------------------------------------------------- CCS600 10494211051999 1993 - 00250 RUSSBLL DAVID Page 3 HBSS, J. - - - - - - - - - - - - - - LAST BNTRY - - - - - - - - - - - - - _ ************************** COSTS , FINBS INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Last Description Costs/Pines Pd To Date Amount Due In Bscrow pymt CARTBRS FLBA MA 324.00 324.00 .00 .00 5/27/1994 COURT COSTS 79.00 79.00 .00 .00 5/27/1994 SHBRIFFS COST 21.10 21.10 .00 .00 5/27/1994 CCC ACT 13 9 15.00 15.00 .00 .00 5/27/1994, evc ACT 13 9 15.00 15.00 .00 .00 5/27/1994 DVC - ACT 44 10.00 10.00 .00 .00 5/27/1994 STATB COST A 8.00 8.00 .00 .00 5/27/1994 STATB COST B 12.00 12.00 .00 .00 5/27/1994 JCP FBB 1. 50 1.50 .00 .00 5/27/1994 -....-----..- ---------- -----......._- ---------- ----...----.. Cost/Fines Total 485.60 485.60 .00 .00 5/27/1994 Cash Bonds Total .00 .00 .00 .00 Bnd of Listing . .. I' " II CCS600 '"lU4954H051999 Cumberland County - Clerk of Courts Case Print Page 1 1993 - 01971 RUSSELL DAVID ALLEN ............................. GENERAL INFORMATION ............................. Clerk s Filing Date.. 11/15/1993 And 'I'tme..... 8 :00 Case Type/Action. . . . . 1 1 CRIMINAL COMPLAINT Docket No. Fin Auth. . - 0000000 - OTN......... . ..... . .. E0738640 Final issuing Auth. . . 165 CLEMBNT CHARLES A JR IDII 00000 Municipalit.y Code.. .. 9 LOWER ALLEN TOWNSHIP Social Security No. .. 197-62-1233 Primary Address 1.... 279 FRBDBRICK ST APT C Address 2. . . . City, State, Zipcode. HANOVER, PA 17331 Alternate Address 1.. Address 2.. City, State, Zipcode. Date of Birth........ Sex......... ....... .. Race................ . Operator License No. . Affiant 1............ Affiant 2............ Date of Arrest....... Mag. Complaint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hearing Date. District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc.....,. Surety. . . . . . . . . . . . . " . Bail Set Amount...... Committed Date.....". In Jail/Fugitive... State Id Number...... Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... PBI Id Number......., Height...... ...... ... Eye Color... ......... Office Comments...... 12/22/1973 (M=Male/F=Female/U=Unknown) State. . . . . . . PTL DBNNIS ANTHONY State Police N 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 PiA Time.... JAIME KEATING, BSQ. 8 BARRY BLLBN K 1011 29334 6/07/1994 ROR .00 0/00/0000 N (Y=In Jail/ N=Not In Jail/ 0000000000 PLAINTIFF'S EXHIBIT P..Pugitive) 2 '\' 'J q, "1'1 State. . . . . l~T Weight. . . . . . . . . . . . . . . . , '..9 'q Hair Color...... .. .. .. 511- \ ! Nov. '. L, ~~' M~w,'.I:'~'" ~W'O "'Iii"', CCS600 '10495411051999 Cumberland County - Clerk of Courts Case Print pags :.I 1993 - 0.971 RUSSELL DAVID ALLEN Init. Issuing Auth. .. 00000 Docket No. Init Auth. - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. Trial Judge. ......... Sentence/ARC Date. . . . Effect. Date of Snt.. Superior Court ~..... Piled/Reopened Description 11/15/1993 INITIAL PILING 0/00/0000 113 SHBBLY HAROLD B PJ 8/02/1994 0/00/0000 IDIt 06360 Disposition 7/05/1994 Disposition Code D GUILTY PLEA ...................... ALIAS OR CO-DBPBNDANT INPORMATION ...................... Alias or Co-Defendant Name Type ............................. Date Chrg Cnt Section CHARGB INPORMATION Sub Grd Desc .............................. 1/20/93 A 001 CC3921 M3 THBPT BY UNLAWPUL TAKING -MOVABLB P Disposition Date. . . . . . .. 6/14/1994 Disposition Description. Pinal Plea... ........... 2 PLBA (PRIOR TO NBW DBTAIL INPORMATION) 1/20/93 A 001 CC306 M3 LIABILITY FOR CONDUCT OP ANOTHBR Disposition Date... . .... 6/14/1994 Disposition Description. Pinal Plea... ........ ... 2 PLBA (PRIOR TO NEW DETAIL INPORMATION) 1/20/93 B 001 CC3304 M3 CRIMINAL MISCHIEP Disposition Date..... ... 6/14/1994 Disposition Description. Dismissal.... ........ ... 3 DISMISSED (PRIOR TO NEW DETAIL INPO.) .......................... DOCKET ENTRY INPORMATION ..........................w Case Type..: CRIMINAL Case Action. .: COMPI..AINT - - - - - - - - - - - - - PIRST ENTRY - - - - - - - - - - - - - - 1/26/94 PETITION FOR LEAVE TO PILE INFORMATIONS ------------------------------.------------------------------------- 1/27/94 RULE TO SHOW CAUSE, FILED. 1-27-94 RULE ISSUED ON DEFT TO SHOW CAUSE WHY COMMONWEALTH CANNOT FILE INFORMATIONS WITHOUT HOLDING A PRELIlHNARY HEARING. RULE RETURNABLE 2-22-94 AT 1:30 PM, CTRM 4 KEVIN A. HESS, J. 1-28-94 RULE MAILED TO DEFT ------------------------------------------------------------------- 2/23/94 ORDER OP COURT, FILED. 2-22-94 LEAVE GRANTED COMMONWEALTH TO FILB INFORMATIONS, KEVIN A. HESS, J. ----------------------..-------------------------------------------- 3/04/94 INFORMATION FILED. CTS A AND B ------------------------------------------------------------------- 3/10/94 BENCH WARRANT, FILED. 3/8/94 ORDERED BY GEORGE E HOFFER, J. ------------------------------------------------------------------- CCS600 . '1049541;1.051999 Cumherland County - Clerk (,If Courts Case Print Page 3 1993 - 019'11 RUSSELL DAVID ALLEN 3/24/94 AMBNDED ORDER, ~ILED. 3/15/94. BENCH WAR~r ORDER DATED 3/8/94 IS AMENDED TO DELETE 93-250 CRIMINAL. ORDERED BY GEORGE E HOFFER, J. ------------------------------------------------------------------- 5/02/94 WRIT OF .mBEAS CORPUS, AD PROSCEQUENDUM, 5-2-94, KEVIN A. HESS, J. -----------------------------..- ------------------------------------ 5/11/94 APPOINTMENT OF COUNSEL 5/11/94. PUBLIC DEFENDER APPOINTED. ORDERED BY EDGAR B BAYLEY, J. -------------------------------------------.------------------------ 5/16/94 ACKNOW. OF ARRAIGN. 05-16-94 PRE-TRIAL CONFERENCE JUNE 7, 1994 AT 9,00 A.M. AND TRIAL JUNE 13, 1994 AT 9:00 A.M. ------------------------------------------------------------------- 6/02/94 MOTION TO COMPEL DISCOVERY PURSU~r TO PA.R.CRIM.P. 305A, FILED. ------------------------------------------------------------------- 6/07/94 BAIL PIECE, FILED. ROR POSTED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - '. .. - - - 6/07/94 RULE TO SHQW CAUSE, FILED. 6/6/94. IN RE: MOTION TO COMPEL DIS- COVERY. RULE ISSUED UPON COMMONWEALTH TO SHOW CAUSE WHY RELIEF REQUESTED SHOULD NOT BE GRANTED. RULE RETURNABLE 6/7/94 AT THE DEF. 'S PTC. ORDERED BY KEVIN A HESS, J. 6/8/94 D.A. WAIVES ISSUANCE OF RULE, L. KING COPY TO D.A. AND P.D. -------------------------------------.---------------------------,.-- 7/07/94 PRETRIAL CONFERENCE ORDER, 6/7/94. DBF. TO APPEAR FOR TRIAL AT THE CALL OF THE D.A. BAIL IS FIXED AT ROR. ORDERED BY GEORGE E HOFFER, J. ------..------------------------------------------------------------ 6/30/94 GUILTY PLEA, FILED 6/14/94. DEF. PLEAD TO C~ A IN FULL SAT. PSI ORDERED. DEF. TO APPEAR FOR SENTENCE 8/2/94 AT 9:00AM. ORDERED BY HAROLD E SHEELY, P..J. ------------------------------------------------------------------- 8/04/94 SENTENCE, FILED 8/2/94. DEF. TO PAY THE COSTS OF PROS., MAKE RESTI'rUTION OF $27.00, AND CCP FOR 2 - 12 MONTHS. SENTENCE TO DATE FROM TODAY AND THE DEF. IS GIVEN CREDIT FOR 41 DAYS. DEF. IS PAROLED IMMEDIATEI.Y WITHOUT SUPERVISION. VlcrIM HAS THE OPTION OF HAVING A HEARING ON ANY F'URTHER RES'rn'UTION. ORDERED BY HAROLD E SHEELY, P.J. ---------------------------------------------------------.--------- 8/08/94 GUIDELINE SENTENCE FORM - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - .......................... COSTS & FINES INFORMATION .......................... Case Type..: CRIMINAL Case Action: COMPLAINT Description LOCKETT DONALD COURT COSTS PLEA DISTRICT ATTY SHERIFFS COST SHERIFFS COST CCC ACT 13 9 evc ACT 13 9 DVC - ACT 44 S'rATE COST A STATE COST B Costs/Fines 27.00 19.50 75.00 10.00 22.40 1. 50 15.00 15.00 10.00 7.00 6.00 Pd To Date 27.00 19.50 75.00 10.00 22.40 1.50 15.00 15.00 1.0.00 7.00 6.00 Amount Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 In Escrow .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Last pymt 11/14/1994 11/14/1994 3/13/1995 12/02/1998 2/01/199~ 2/01/19;19 2/01/1~99 2/01/1999 .. 2/01/1999 3/01/1999 3/01/1999 .CCS600 . 1049'541,1051999 Cumberland County - Cierk of Courts Case Print page 4 1993 - 01971 RUSSELL DAVID ALI,BN JCP PBB BOND POSTING Cost/PineB Total Cash Bonds Total 1. 50 1. 50 .00 .00 3/01/1999 10.00 10.00 .00 .00 3/01/1999 ..--------- ---------- .....--........-- --,..............-- ..........----...... 219.90 219.90 .00 ,00 3/01/1999 .00 .00 .00 .00 --- Bnd of Listing ',I ", " , , I, , , " " " 'I, , , C 600 1 .01.01.1051999 Cumberland County - Clerk of Courts Case Print Page 1 1998 - 00253 RUSSELL DAVID ALLEN ............................. GENERAL INFORMATION ............................. Clerk s Filing Date.. 2/10/1998 And Time. . . . . 3: 19 Case Type/Action..... 1 1 CRIMINAL COMPLAINT Docket No. Fin Auth.. CR - 0000230 - 97 QTN..... ............. E906l872 Final issuing Auth... 172 MANLOVE ROBERT V IDK 00000 Municipality Code.... 5 EAST PENNSBORO TOWNSHIP Social Security No... 197-62-1233 Primary Address 1.... 501 W PERRY STREET Address 2.... City, State, Zipcode. ENOLA, PA 17025 Alternate Address 1.. 5027 E TRINDI.E RD Address 2.. City, State, Zipcode. MECHANICSBURG, PA 17055 Date of Birth. . . . . . . . Sex............ ...... Race........... ...... Operator License No. . Affiant 1............ Affiant 2............ Date of Arrest....... Mag. Con~laint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hearing Date. 12/22/1973 (M=Male/F=Female/U=Unknown) State....... PA JOSEPH LANDIS State Police N P1\02l0300 1/30/1998 7/08/1997 1/30/1998 PiA Time.... 16:45 0/00/0000 0/00/0000 District Attorney.... DAVID FREED, ESQ. Defndt Atty/Type 1... 1017 GROGAN AUSTIN F 10# 59020 Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc....... Surety. .............. Bail Set Amount...... Committed Date....... In Jail/Fugitive. . . 1/30/1998 5,000.00 0/00/0000 (Y=In Jail/ N=Not In Jail/ !l.J{I."'t "' F-Fugitive) \. ILr State Id Number...... 0000000000 Auto Registration. . . . Public Comments...... Reference Number. .... Court Stenographer... FBI Id Number... ..... Height.............. . Bye Color.. . . . . . . . . . . Office Comments...... State. . . . . WENDY C YINGER I ' 'i ; ~ ',' I I,,' _I \\1 ~" :.Ju: \ L; "I'" "'I I 'II'I! llidu :l'~l 11111 Ilillll! - '" I ",,,I "'1"1/ ,I,: ':CfCf . ;tv'- I. II) JIJ.M.I:J,.. q . QLt . I,.. r I' ()~ thr. !"lI' I, '(")- '" i!,! .t,l 'II I', Weight. . . . . . . . . . . . . . .'. ' Hair Color.... . . . . . . . . RESTIT INFO COURT ORDER/FILE CC 600 11 101'111051999 Cumberland County - Clerk of Courts Case Print Page 2 1998 - 00253 RUSSBI,L DAVID M.LEN Init. Issuing Auth... 00000 Docket No. Init Auth. .. 0000000 _ Pre-Sentence Invest.. Trial Commenced Date. Trial Judge... ....... Sentence/ARD Date. . . . Bffect. Date of Snt.. Superior Court #..,.. Filed/Reopened Description 2/10/1998 INITIAL FILING E NOT REQUESTBD 0/00/0000 102 OLBR J WBSLBY JR 5/13/1998 5/13/1998 1011 16074 Disposition 5/13/1998 Disposition Code o GUILTY PLBA .....................~ ALIAS OR CO-DBFBNDANT INFORMATION ...................... Alias or Co-Defendant Name Type ..........*.................. Date Chrg Cnt Section CHARGE INFORMATION .................*.......*.... Sub Grd Dosc 2/26/97 1 001 CCJ92l a MJ THEFT BY UNLAWFUL TAKING -MOVABLE P Disposition Date........ 5/13/1998 Disposition Description. Dismissal..... .......... 202 QUASHED/DISMISSBD/DEMlJRRER SUSTAINED Trial. . . . . . . . . . . . . . . . . " 302 COURT 2/26/97 2 001 CC3925 M3 RECEIVING STOLEN PROPERTY Disposition Date........ 5/13/1998 Disposition Description. Dj.smissal. . . . . . . . . . . . . .. 202 QUASHED/DISMISSED/DEMURRER SUSTAINED Trial...... '" .......... 302 COURT 2/26/97 2 002 CC3925 F3 RECEIVING STOLEN PROPERTY Disposition Date. . . . . . .. 5/13/1998 Disposition Description. Dismissal..... .......... 202 QUASHED/DISMISSED/DBMURRER SUSTAINED Trial......... .......... 302 COURT 2/26/97 3 001 CC3922 F3 THEFT BY DECEPTION Disposition Date........ 5/13/1998 Disposition Description. Final Plea.... .......... 101 GUILTY PLEA Trial. . . . . . . . . . . . . . . . . .. 302 COURT 2/26/97 4 001 CC410l F3 FORGERY Disposition Date........ 5/13/1998 Disposition Description. Dismissal...... ... ...... 202 QUASHED/DISMISSED/DEMURRER SUSTAINED Trial. . . . . . . . . . . . . . . . . .. 302 COURT .................*.......* DOCKET ENTRY INFORMATION .........................** Case Type. .: CRIMINAL Case Action..: COMPLAINT CC ,600 1/,f.01&11051999 Cumbel'li:lnd COllllty - Clerk of Courts Case Print Page 3 1998 - 00253 RUS!lELL DAVID AI.LEN - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 2/10/98 TRANSCRIPT FROM DIS'rRIC'l' JUSTICE, FILBD 3/09/98 NOTICE OF 'rRIAL JOINDBR, FILED. 96-299 -------.-.-------------------.------------------------------------- 3/09/96 INFORMATION FILED. CTS 1,2,3,4 ------------------------------------------------------------------- 3/13/96 ACKNOW. OF ARRAIGN., FIL~D 3/13/96. DEF IS TO APPEAR FOR PTC ON 4/26/96 AT 1:30PM AND TRIAL ON 5/11/96. --.----.----------------------------------------.------------------- 5/11./96 PRETRIAL CONFERENCE ORDER, lILED. 4/26/98 DEF TO APPEAR FOR TRIAL ON 5/11/96, AT 9:00 AM. ORDERED EDGAR B. BAYLEY, J. ------------------------------------------------------------------- 5/13/90 PLEA OF DEFENDANT, FILED. 5/13/96 DEF PLEAD GUILTY TO THEFT BY DECEPTION (F3), IN FULL SAT. ______M______________.._______________________________._____________ 5/14/96 GUILTY PLEA AND SENTENCE, FILED. 5/13/98 FOLLOWING THE SELECTION OF A JURY, DEF PLEAD GUILTY TO CT3 THEFT BY DECEPTION, IN FULL SAT. SENTBNCB: DEF PAY COSTS OF PROS, MAKE REST $7400., CCP FOR 3 MHTS - 23 MTHS, PEF IS PAROLBD EFFECTIVE 2:00 PM., 5/14/98, CONDICTIONBD UPON AND COMPLYING WITH ALL WRITTEN DIRECTIONS OF HIS PAROLB OFFICER. ORDERED J WBSLEY OLER, JR., J. ------------------------------------------------------------------- 5/27/96 GUIDELINE SENTENCE FORM - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - .......................... COSTS & FINES INFORMATION .......................... Case Type. . : CRIMINAL Case Action: COMPLAINT Last Description Costs/Fines Pd To Date Amount Due In Escrow pymt ADMIN. FBE 25.00 25.00 .00 .00 4/06/1999 MBLLON BANK NA 7,400.00 305.10 7,094.90 .00 10/14/1999 COURT COSTS 1.9.60 .00 19.60 .00 0/00/0000 COURT COSTS 16.00 .00 16.00 .00 0/00/0000 PLEA 75,00 .00 75.00 .00 0/00/0000 OFF F.B. ACT15B 5.00 .00 5.00 .00 0/00/0000 DISTRICT ATTY 10.00 .00 10.00 .00 0/00/0000 SHBRIFFS COST 1.50 .00 1.50 .00 0/00/0000 SHBRIFFS COST 10.24 .00 10.24 .00 0/00/0000 SHBRIFFS COST 9.60 .00 9.60 .00 0/00/0000 WITNESS FEB 36.90 .00 36.90 .00 0/00/0000 CCC A<:I' 139 15.00 .00 15.00 .00 0/00/0000 evc A<:I' 139 1.5.00 .00 15.00 .00 0/00/0000 uVC - ACT 44 10.00 ,00 10.00 .00 0/00/0000 STATE COST A 8.96 .00 6.96 .00 0/00/0000 STATB COST B 1.3.44 .00 13.44 .00 0/00/0000 JCP FEE 5.00 .00 5.00 .00 0/00/0000 ---------- -----..04--- ---..--..--- ---------- ---------- Coet/Fines Total 7,676.24 330.10 7,346.14 .00 10/14/1999 Cash Bonds Total .00 .00 .00 .00 - -- End of Listing '::':51;00 ,1050.l411Q5l999 Cumber' land Count.y - Clerk of Courts Case Print. Page 1 1998 - 00299 RUSSELL DAVID AI/LEN ***************************** GENERAL INFORMATION ***************************** Clerk s Filing Date.. 2/13/1998 And Time. . . . . 4: 07 Case Type/Action. . . . . 1 1 CRIMINAL COMPLAINT Docket No. Fin Auth.. CR - 0000046 - 98 OTN.................. F1379556 Final issuing Auth. . . 167 CORREAL PAULA P ID# 00000 Municipality Code. . . . 2 CARLISI,E BOROUGH Social Security No. . . 197-62-1233 Primary Address 1.... 5029 E TRINDLE RD Address 2.... City, State, Zipcode. MECHANICSBURG, PA 17055 Alternate Address 1.. Address 2.. City, State, Zipcode. Date of Birth. . . . . . . . Sex................. . Race................ . Operator License No. . Affiant 1............ Affiant 2............ Date of Arrest....... Mag. Complaint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hearing Date. 12/22/1973 (M=Male/F=Female/U.Unknown) 23392788 State.,..... PA JEFFREY KURTZ State Police N PA-02l0200 1/30/1998 1/29/1998 1/30/1998 PIA Time.... 16:30 2/11/1998 0/00/0000 District Attorney.... JONATHMI BIRBECK Defndt Atty/Type 1... 1017 GROGAN AUSTIN F Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc....... Surety. .............. Bail Set Amount.. .... Committed Dat.e. ...... In Jail/Fugitive. . . 10# 59020 1/30/1998 PLAINTIFF'S EXHIBIT 5,000.00 0/00/0000 (Y=In Jail/ N.Not In Jail/ Lj \\';!'l.'-t <.\ P..Fugitive) '-..K... State Id Number. . . . .. 0000000000 Auto Registration. . . . Public Comments...... Reference Number. . . . . Court Stenographer... FBI Id Number. . . . . . . . Height. .............. Bye Color............ Office Comments...... State. . . . . PAMELA SHEAFFER , ,II , I' II " Weight. . . . . . . . . . . . . . . . I Hai, COlo<........~~Jt.qq ceS600 ")050'3411051999 Cumberland County - Clerk of Courts Case print Pag e :l I 1998 - 00299 RUSSELL DAVID ALLEN Init. Issuing Auth. . . Docket No. Init Auth. 00000 - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. Trial Judge.......... Sentence/ARD Date. .., Bffect. Date of Snt.. Superior Court n..... Piled/Reopened Description 2/13/1998 INITIAL FILING B PRE-SENTENCE-COUNTY 0/00/0000 9 BAYLEY EDGAR B IDn 06:l48 6/02/1998 6/02/1998 Disposition 5/11/1998 Disposition Code D GUILTY PLBA ...................... ALIAS OR CO-DEPENDANT INPORMATION ...................... Alias or Co-Defendant Nama Type ............................. CHARGE INFORMATION .............................. Date Chrg Cnt Section Sub Grd Desc 1/11/98 1 001 VC4703 a S OPERATING VEHICLE WITHOUT INSPBCTIO Disposition Date. ....... 4/28/1998 DiRposition Description. Dismissal.... .... . ...... 202 QUASHED/DISMISSED/DEMURRER SUSTAINED 1/11/98 2 001 CC4904 al M2 UNSWORN FALSIPICATION TO AUTHORITIE Disposition Date.. ...... 4/28/1998 Disposition Description. Dismissal............... 202 QUASHED/DISMISSED/DEMURRER SUSTAINED Trial. .................. 302 COURT 1/11/98 3 001 CC4904 b Disposition Date........ 4/28/1998 Disposition Description. Final Plea.............. 101 Trial. . . . . . . . . . . . . . . . . .. 302 Probation. . . . . . . . . . . . . .. 513 Pines and Costs......... 521 Pines and Costs. ........ 522 M3 UNSWORN FALSIFICATION TO AUTHORITIB GUILTY PLEA COURT COUNTY-REGULAR PROBATION PINES-TOTAL AMOUNT ONLY...$ COSTS-TOTAL AMOUNT ONLY...$ 1/11/98 4 001 CS780-1l3 A3l Disposition Date........ 4/28/1998 Disposition Description. Pinal Plea.............. 101 Trial. . . . . . . . . . . . . . . . . .. 302 Pines and Costs. ..., .. .. 521 Pines and Costs.. ....... 522 M UNLAWFUL POSS. SMALL AMT. MARIJUANA GUILTY PLEA COURT PINES-TOTAL AMOUNT COSTS -TOTAL AMOUNT ONLY. . . $ ONLY.. .$ .......................... DOCKET ENTRY INFORMATION ........................... Case Type..: CRIMINAL Case Action..: COMPLAiNT - - - - - - - - - - - - - FIRST ENTRY 2/13/98 TRANSCRIPT FROM DISTRICT JUSTICE, FILED - - - - - - - - - CC:S600 -10503411051999 Cumberland County - Clerk of Courts Case Print 1998 - 00299 RUSSELL DAVID ALLEN Page 3 ------------------------------------------..--..-----....----.................._- 3/09/98 NOTICE OF TRIAL JOINDER, FILED. 98-253 ----------------------------------------------...-------------------- 3/09/98 IllFORMA'1'ION FILED. CTS 1,2,3,4 ------------------------------------------------------------------- 3/13/98 ACKNOW. OF ARRAIGN., FILED 3/13/98. DEF IS TO APPEAR FOR PTC ON 4/28/98 AT 1:30PM AND TRIAL ON 5/11/98. --------------------------------------------------------------..-..-- 4/28/98 PLEA OF DEFENDANT, FILED 4/28/99. DBF PLEAD TO CT 2 & 4 IN FULL SAT. ----------------------------..-------------------------------------- 5/11/98 PROCEEDINGS FILED. IN RE: GUILTY PLEA COI,~OOUY, EDGAR B. BAYLEY, J. CTRM #2, 4/30/98. ------------------------------------------------------------------- 5/11/98 GUILTY PLEA, FILED 4/28/98. DEF. PLEAD TO CTS 3 AND 4 IN FULL SAT. PSI ORDERED. DEF. TO APPEAR FOR SENTENCE 6/2/98 AT 1:30PM. ORDERED BY EDGAR B BAYLEY, J. ------------------------------------------------------------------- 6/04/98 SENTENCE, FILED 6/2/98. CT 3: DEF. '1'0 PAY COSTS OF PROS., $100 FINE AND SUPERVISED PROBATION FOR 6 MTHS. CT 4: DEF. TO PAY COSTS OF PROS. AND $50 FINE. ORDERED EDGAR B BAYLEY, J. _.________M_________________________________..____________...________ 6/03/98 DL2l FORM WAS PREPARED. ------------------------~----------------------------------------_.. 6/25/98 GUIDELINE SENTENCE FORM - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - .......................... COSTS & FINES INFORMATION .......................... Case Type. .: CRIMINAL Case Action: COMPLAINT Description ADMIN. FEE ST - O. S . F . CO - O.S.F. COURT COSTS COURT COSTS COURT COSTS PLEA COUNTY FINES COUNTY FINES OFF F.E. ACT158 DISTRICT ATTY SHERIFFS COST SHBRIFFS COST CR LAB USER FEE CCC ACT 139 evc ACT 13 9 DVC - ACT 44 STATE COST A STATE COST B JCP FEE Cost/Fines Total Cash Bonds Total Costs/Fines 25.00 150.00 150.00 5.00 22.50 5.00 75.00 50.00 100.00 5.00 10.00 9.92 1.50 90.00 15.00 15.00 10.00 8.08 6.92 1.50 Pd'ro Date .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Amount Due 25.00 150.00 150.00 5.00 22.50 5.00 75.00 50.00 100.00 5.00 10.00 9.92 1. 50 90.00 15.00 15.00 10.00 8.08 6.92 1. 50 In Escrow .00 .00 .00 .00 .00 .00 .(;0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Last pymt 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 ---------- ..-.._------ ---------- ---------- ---------- 755.42 .00 .00 .00 755.42 .00 --- End of LjA~lng .00 .00 0/00/0000 \- '.J _\ .1 no 0.. in l/l in ~ :::!! z o o z <I: II: lXl (/) W~ OW eta: ffi~ 00 zt- ot- oa: wO (/)0. w a: ~ ... ~ IV :1c~ oE8.E ~8~~. .s r. 'fl " ~ ~.c: ..- "'M' _.c:"" \..1.. Q).... ...... ....tr>~:si~ '" € :(l '", '" 9' '" ." 5 '" ~ ..... (\) ....:: ,",EE~.65 L-: 1]) >- .... III E ...~:] E 0. -. :J 0 ",o"g>- > Q) :u "_ ,C f1) > .. .... +-" ,-. ru ~) > ~ -5oo~' 1\J-oOC~ cJ) c _'J:: c: ~ 113 (U 0 CU - ..c .c .... .... 'c ~........ ~ u ~ ..c ~ c .... O:t.:= :> 0 :J ~- :> :> () o Ol::::" ::) "''''-0''' . c ~ ...... :;? QJ >- 0 o ,- E - - n U <Ii iij .- .... >:l c: .. 8:;.'l! 0 ~ C I.1JQ,e>..... ~ .... >0 U =:T. c: "' co OJ ro ~ '0 n. ,!/l p~ :u $! 8: !1! !/l '.';:.l!! '" ~ ~u~J] ~ Ql E '" Z '" ~ 1:. U l/l ~ ~ :I LI- o Z o ~ z ~ ~ ~ ill U ~ ., j C') ~ ~ t- o N I I- O' III i :l ~ 0 ... 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'8 i j ~ is ~ ~ ~ B ~. i '~~'O~ n 3 c ~, \, I i~ '.. ll! t 15 C 8'~~ v ',,-, ~ II I ~~~ ~~~ ~ 1 LC Ii 00<10 : m "'ltii~~~"'Xl~~ ~ ~u.~;:~~~FB OUl a L.- L__ 'Jl II . ! ~ III ~~ Il ,!] HI fi --- - I II ~ ~J ~ II ~~ ~ l] IH j~ .. , . ! I: a I d. il~ I] , ]J III en ~J~ ~ ~ ~ ~~ ~ to 5] to:: ~ ~ ~~ In .1/) I !. ~I ' \J ~ ~ I ~ o ~Q... ~~~, g: e~ Iii Hhalll~' ~ ~ "GllIIO =~, ~ ~.a"~ ' ~ lXl ~ ~ ~ ~ . :iii liS, lil ~ ;cj"< !]Q. U 1- ~ ~~~~~tl~~i~ ~ u !] . J] ! 1 8i~ 11 1] IH Ij ~ l1. 8i~ ~ 1] IB Jl ~ l1. 8iall 1] HI IN 'N ~-.}' ~ r--o- 1'-0- NO'" ~ N .. l1. 8i~ - CI) I ~ ~ I C) o ~8e ~ ! g: o ~ l~ ~ t: :-" ~ I e~ I "Jsolil ~ ~ ~ C)!.fm:.! a u ~-c !i~ 0 8 ~ a @ ~~~~~'~~Ii~co ~ u ~ (I, Denied, II is denied that the children would nol he relurned to Mississippi li)r the heginning oftlw 2000-20() I schooltcrm plll'SUanlto Ihe summcr sehcdule as setlilrth inthe Custody Order. Petitioner III'ole a school schedule and allached it as his bhibil "/)" 10 the Motion fill' ReconsiderUlion, Resr'lIldent has no Ilay of knowing iflhis is the aelual schedule since il docs not hear the lellerhead or I dark of the children's school. 1I0wewr. according 10 the Hehool schedulc provided by Pclilioncr. Ihe children haw approsimately I'llll'leen (I~) to liliecn (15) weeks of summer vacation, School began Illr the I 'I'I'I-2()()() IeI'm on Aagusl 16. 1'1'1'1 and endH prior to May 5. 2000. Assuming the schedule sabmilted by Petitioner is acctuUlc. and Ihis schedule is represcntalivc of the usual school year. Ihere is suflieient lime tllr Respondent III haw her six (6) weeks of SUnll11er custody with the minor childrcn prior 10 the start of the school ycar, It is denied that Ihe children haw only Illur (~) days IiII' Iheir Thanksgiving vacation. Although the school schedule provided by Petitioncr indicates that s<:l1Ool was e10sed Novcmber 22 through Novcmber 25. 1999. Pelithmer tlliled to include the prilll' weckcnd of November 20.21, In actuality. thc children had a sis (6) day vacationli'llI11 school IiII' the Thanksgiving holiday, Again. assuming thc schedule submilled by Pelitioner is m:curate. and this schedule is repn~scntativc ofthc usual Thanksgiving holiday. the children should havc a sis (6) day vacation. including the wcekend bel,)rc the holiday, It is further submilled Ihat the school would likely permit the children an excuscd abscncc thc day aner Thanksgiving to visit with their mothcr in Pennsylvania. giving Ihe childrcn ninc (9) days of vacation, The Coul'l grunled legal cuslody 10 Petitioner, Respondcnt requests that she bc granted shared legal custody of the children. or in the alternative. that Petitioner be ordered to provide to Rcspondent the name. address and phone number of the children's current schoolls) and doctors. and that she bc granted the right to discuss her children's development with their teachers. doctors and therapists. as wdlul hcluIIUdv\s~d hy I'~lillon~r of uny ~Ill~rll~n~y siluallons which IllUY urls~ wllh resp~cllolh~ ~hildml, Addlllonully. R~spond~I'1 requ~sts lhull'~lition~r provld~ h~r with ull prollr~ss reports und r~port cutlls.ulI<lllive h~r the opporlunity to pur~huse s~hool pictur~s euch yeur. This right would give I~espond~ntlhe opportunity 10 k~~p uhr~ustoflhe ~hildr~n's edu~utionul. Ill~dieul und psycholol!icul llrowth und elHlhl~ h~r !',l cOllllllunicule witl1th~llllllore ~1'feclil'Cly uhou. lh~ir lives. Respond~nl hus no knowl~dg~ of th~ cost of u purticulur tlight during lh~ summer and Ihunkslllvlnll vu~ulions, (jen~rully. Ilights sch~dul~d in udvunc~ ~un h~ purchus~d us a lesser rate. 7. N~lthcr udl11ill~d nor d~ni~d. Respondent has no p~l'sonul knowl~dge of Petitioner's ~hurch ullendunce. however. R~spondelll was pr~viously p~rlllill~d to pluc~ ~ulls to lh~ children on Sulurduy night. Th~ currenl Cuslody Ord~r perlllils her 10 plucc culls to th~ ~hildren on Sunday night. I~espond~nt is conc~rn~d lhul her phon~ conla~l with lh~ children would he hindered if Petitioner w~re p~rrlll11ed 10 r~peal~dly chunge lh~ duy of the calls. WHEREFORE. Respondenl r~quests thulthis !Ionoruhle Court grunt the lollowing relief: A. B. deny Petilioner's MOlion lilr Reconsideralion: I. umend the Order of November 30. 1999 Respondent's right to shared legul custody: or Inlhe C/franC/live 2. Direct Pelitioner to advise Respondent in a limely fashion of any emergency which may arise with rellaI'd to the minor children: and to include .. CI, (knled. It is denied Ihlltthe children would not he returncd to Mississippi lilrlhe heginningllflhe 2000.200 I school IeI'm pursullllltolhe summcr schedule us sct fbrlh In the Cuslody Order. Petitioner wrote II school schedule und IIllllched it us his Exhlhit "I)" to the Motion for Reconslderution, Respondent hils no WilY ofknowing iflhls Is Ihe uctuul schedule since It does not hear Ihe letterheud or mllrk of the children's school. Ilowevcr. IIccordlng to the school schedule provided by Petitioner, the children huve IIpproxlmlltely filllrteen (\4) to filleen (15) weeks of summer vacntion. School hegun for the I <}99.2000 term on August 16, 1999 und ends prior to May 5, 2000. Assuming the schedule submllled by Petitioner is IIccurute, and this schedule is represelltatlve of the usual school year, there is sulliclenttime for Respondent to have her six (6) weeks of summer custody with the minor children prior to the start of the school year. It is denied that the children have only four (4) dllYs iiII' their Thanksgiving vacation. Although the school schedule provided by Petitioner indicates that school was closed November 22 through November 25, 1 <}99, Petitioner failed to include the prior weekend of November 20.21. In aetuulity, the children had a six (6) day vacution from school for the Thanksgiving holido.y. Again, assuming the schedule submllled by Petitioner is accurate, und this schedule is representative of the usual Thanksgiving holiday, the children should have a six (6) day vacation, Including the weekend before the holiday. It is further submitted that the school would likcly permit the children on excused absence the day aileI' Thunksgiving to visit with their mother in Pennsylvania, giving the children nine (9) days of vacalion, The Court granted legal custody to Petitioner, Respondent requests that she be granted shared Icgol custody oflhe children, or in the alternative, that Pctitioncr be ordered to provide to Respondent lhe nallle, address and phone nUJ11ncr of the childrcn's current school(s) and doctors, and lhal she he granled the right to discus,~ her children's developmcnl with their tellchers, doctors IInd therupists. liS well nl heing mlvlsed hy I'ctitillner III' IIny emcrgcncy sillHllillns which mny llrise wilh rcsJlcettllthe children. Additlonnlly. RcsJlllllllcnl rcqucsls tlmll'ctillllncr pwvldc her with nil Jlwgrcss reports Ulld report cnrds. nnd givc hcr Ihl~ oJlpllrlllnity III purchllsc sehlllll piclurcs cllch yenr. This right wlluld give Respondent the opportunity tll kecp IIl1rcll~t IIfthc childrcn's edueutionlll,mcdicol und psychologicul growth und enuhlc her to eommunicutc with thcmmllrc effectively 1I11outthcir Eves. ResJlondcnl hus nil knowlcdl!c III' the ellsl 01' u purliculur Ilight during the sUlllmer WId Thonksgiving voeutions, (ienerully. Ilil!hts scheduled in udvunce con he Jlurchused us 0 lesser rote. 7. Neither udmilled nor denied. Respondent hus no persllnul knllwledgl: 01' Petitioner's church ollendonce, however, Respondent was previously permilled to place culls 10 the children on Saturday night. The current Custody Order permits her to place calls to thc childrcn on Sunday night. Respondent is concerned that her phonc contoct with the children would he hindered if Petitioner were permitted to repeatedly change the day of the culls, WHEREFORE, Respondent requests thotthis 1I0norahle Court gnlntthe following relief: A. B. deny Petitioner's Motion li)r Reconsideration; 1. umend the Order of Novemher 30, 1999 Respondenl's righllo shored legul custody; IIr III Ihe IIllerlll/llve to include 2. Direct Petitioner to odvise Respondent in a timely fllShion of any emergcncy which muy arise with regard to the minor children; ond , , () I" .j} I..' " \ ,.) " " .'- .. 1,\ . I., \'" \ , , '" " :.J ". --fl' I.j:' '," l, ,~ .j.... CJ ....1 I I ';' . . 'j .<, ! M ~ ~ ~ g Z .; 13 ... > ~ ~ ::2 ~ ~ ~ t>:: ~ ~ ~ -< ~ It' ~ tQ ., ffi . ~ ~ ii: ~ < tQ <:: IJ,.:,:I.O~\. . amounting to $360,00, motel expenses of $85.00, food expenses of $120,00 and lost wages of $824,26, The copy of the auto repair bill Is allached hereto as Exhibit A and Is Incorporated herein by reference, B, Petitioner works as a carpenter/laborer for a construction company and his total Income for 1999 amounts to $21,430,76 from JA Moss Construction Company, Inc, with a net weekly pay of $412,13 and approximately $6,000,00 of Income from his separate business, He supports himself, his wife and four children with his Income, A copy of his pay stub and his monthly expenses are allached hereto ae Exhibit B and Is incorporated herein by reference C, The only direct flights from Mississippi fly into Balllmore Washington International Airport and the cost of a round-trip IIcketls $550, Pelltloner Is unable to pay the costs of air fair. Likewise, in order to have the children in Pennsylvania, arrangements would have to be made for the boys to get from Baltimore to Carlisle even if Petitioner could afford the cost of the flight. 0, Pelltioner has never collected any amount of money for child support since he has had primary custody of the children for the past four years, In order to defray the expenses associated with the boys traveling from Mississippi to Pennsylvania, it is necessary that a support order be established against Respondent. Pelltioner has filed for support against the mother in Pennsylvania and a copy of the filing is allached hereto as Exhibit C and is incorporated herein by reference, 6, A copy of the children's school schedules are allached hereto as Exhibit "0" and are incorporated herein by reference Pursuant to the existing summer UlIl7-:11i 10. ACJJ:J ~~:~7 tt711 ~13 2ij~~ (J;J:J J(/~IV I ~ ol 75264 M \ GI]~BLE~ IlJOOl . -~? .....,-~ -I ,.~~.. :. ,~... KUH.....IWIN..H 'OIlD. 140. (J) 8320 ea'llIlt ..., to. 11 n ~ctIUAO. PI. 170&1 (717) 766-4733 PHIl". . e ;I, ",0 18 "nrvo.:a;llt D~K .. HAMMAI<U 1622 t1.l.LNtJT BOTTOM RO CARL:$~E, Ph 170~3 H~M!: ~17-2S8-1S06 BUS: 71;-258.5260 COLOA ' !lAGE 2 SERVICE ADVISOR: , HEX' 4 0';;1510 V OPTIONSI STll.:9Q9936T D :0126 IRN:A 1)ESP WAlVED 2)LIM IlI\AA - W10VO: AND INSTALL I,IST NE'r TOTAL - 71.40 71 ;40 2.56 20.48 296.40 296.40 2.00 2.00 .1.00 1.00 2.56 320.00 tlJll! CMF..N'J M:SC ~IS(POSAL CMEN"J M.SC ~ISPOSAt FEE - COO~~ CJlp,',.' ' " ,",':':." '.' .. wI< ."",,1I'**~'r'*'" .~~*",**:**;;'fijltl<l\" "I\': . "".",' I". . . ',' ,,~~...., -...,~., "" . ,.. :; SR.'J<E ~ill~GI~i~CT~~f~,~9f:~. '. 3RAl<P: BIW<E S~$n;M.tNsPECTIOtli;RECOW: IlE CHECK OOSE,'l',,,,Lrm:S & l'ARKINC .B~ . 7886CMENU'" : .... . . ." ,. ::OKS' 5mm brake: 'l1n~ri'il relTlainin9 . :.:,), ' : .. 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