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Home My WebLink About95-05574 .~,. . ':t- f~' ,..... :~:~ t.., !:s. , SPOUSAL/CHILD SUPPORT WORKSHEET Caae Numbar: ~ Number of Children: 3 Date of llll Calculation: I' OOllGOR OOllGH SSN: Eric lemnonl Kathleen lemmona Attorney: GrOll Income leaa Oeductlona: Net Income Pay Frequency Monthly Net Combined Totol Proportlonale X: O..te Support : Add. Support X 01 Net Income: Parenle Obllg. : $1900.00 10.00 $1900.00 Monthly 11900.00 $860.00 $0.00 $860.00 Monthly $860,00 $2160.00 34.00X $938.40 $0.00 ~ 31.16X 1292.40 DEDUCTIONS I rllH To. FICA To. Stole To. local Tn Un' on DUll Child Med In.. 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 $0.00 10,00 10,00 10.00 10.00 10.00 $0.00 $0,00 $0.00 $0.00 10.00 AAA'A"A'AA'AA"A""AA"AAAAAAA'A'AAAA'A"A'AAAAAAA'1AAAAA'A'AAAAIA'AAAA'AAAA"I'AAAAAAAAAAAAAAAAAAIIAAAA THIS IS AN [STIMAI[ ONlT. Thle .or..h..t ... prlnt.d .Ith OOMlSlIC-SOfT SpouIIl/Chlld Support Sort..... In'lne Sort.are, Inc. leI 1995 1-800-859-6129 -.: I 'i1 ,I :j . 'I, :1' ., ,!lule 1910.16-3 RULES Ol~ CIVJJ~ I'llOCEDURE RULE 1910.16-3 SUPPORT GUIDELINES. FORMULA (a) The Connula Is consistent with the glids, and serves to illustrate how Ule grids are derived, Using the Connula, support can be detennined as Collows: SUPPORT GUIDELINE COMPUTATION CHILD SUPPORT OBLIGOR ;:l,GlA~ ~ '~l..' (c' OBLIGEE IBM) - I'~ '.1 ,!j' ~ I "ll.:'lrtt, I, Total Grooa Income per ~' 2, Leaa Deductlona 3, Net Income 4, Convenlon to Monthly Amount (If pay period I. other than monthly) 6, Combined Total Monthly Net Incoma . 6, ProporUonate Expenditure lOeter. mine from the Chart of proporUon. ate expenditurea In .ubdlvl.lon (bl of thia rule 7, Baalc Child SUppolt (Line 6 multi. plied by line 6) 8, Total Support 9, Net Income Expressed as 0 Per. centage of the Combined Amount (Line 4 divided by line 6 multiplied by 100) 10. Each Porent'. Guillellne Obllgotlon (Line 8 mulllplled by line 0) \'177 .' ;~9.,) % Ie ,'l~' 7 { ,.i,/ if % 7,', I % k'l '/I~ . J. r, ~ I l Il SPOUSAL SUPPOIlT r I , I i \ With Dependent Children 11. Obligor'. Monthly Net Income (Line 4) 12, Le.. Obligee'. Monthly Net Income (Line 41 13. Difference 14. Leaa Obligor'. Chlhl SUppolt Obligation 16. Difference 10, Multiply by 30% x 17, Amount of Monthly Spou.ol (. Support $ .~ (.J. 18. Combine .pon.ol .upport (line 10) ond child .upport ror 0 wu.1 .upport award of $ per month, . . f'Ll"", i. CIIIIO ('I\/-l'; .~( \lc) ~'Il' Without D'nendent Chlldr.n I . ,.- 10. Obllgor'a Monthly Net Incom\ II ( 'I I, (Line 4) 20. I.e.a Obllg..'. Menthly N.t Incom. (Llno 41 21. Oiff.rence 22. Multiply by 40% 23, Amount or Monthly Spou.al Support ,1, l'/ <." - .\1"1 17'/'1 - 7 h' '/l " .30 x ..10 I j II ,I ., $ (b) The chul't or proportlonnl expenditures Is as rollows: Incom. L.vel. $500- $701- $ 000- $1,144- Children 1700 $006 lLill SI.201 1 2.IT 23.0 22.5 22.0 2 30.6 36.8 36.\ 34,4 3 46,7 44.8 43.0 43.0 4 60.0 40.0 48,1 47.2 or more $1,440- $1,688- SI,73o- S1,884- SI,687 $1,736 SI,883 fW1 1 21.0 20.6 20.0 .6 2 33.0 32.3 31.0 30.9 3 41.2 40.3 30.4 38.6 4 46.4 44.6 43,0 42,7 or more $2,180- $2,328- S2,476- $2,624- 12,327 $2,476 S2.023 grn 1 18.6 18.0 17.6 17,0 . 20.6 28.8 28.1 27.4 " 3 30.7 36.8 34.0 34.0 4 40.9 40.0 30.\ 38.2 or more $2,020- $3,01l8- $3,216- $3,304- $3,007 $3,216 H&lli! ~ 1 16.0 16.6 16.0 4.6 2 20.0 25.3 24.0 23.9 3 32.2 31.3 30.4 20.6 4 30.4 36.5 34.6 33,7 or more $5,001- $0,001- S7,001- 18,001- $9,001 SO.OOO , i,Ooo $8,000 fO.ooo Wfl i3.6 13.0 12.6 2,0 1.5 I 2 22.6 21.8 21.1 20.4 10,7 ! 3 27.7 20.8 26.9 25.0 2U: 4 31.9 31,0 30.1 20.2 28.3 ! or more 1 Adopted Sept. 0, 1989, effectlve Sept, 30, 1989, An:! effective Oct. 25, 1989; Jun. 27, 1993; amended July 15! effectlve Sept, 1, 1994, [See Explanatory Comment-1993 followlnr Rule 1910,11>-11 RULE 1910.16-1 SUPPORT GUIDELIl' DEVIATION (a) If the amount of support deviates CI'O! amount of 5upport determined by the guideline tlil!r of ract shall 5peclfYl in writing, the gul anliJUnt or 5UPP01't, and Ute reasons for, and III of fact justiCying, the amount of the deviation, Note The devlotlou applies to tile amount of tile suppo goUon and not to the amount of Income, (b) In deciding whether to deviate from the a of support determined by the guidelines, the t ract shall consldCl' (1) unusunl needs and unusual fixed obllg (2) other 5UPpOl't obligations of the parties; (3) other Income In the hnusehold: (4) nge's or tho chlldl'en; (5) nsset.~ 'oF till! PIU't1esi (Ii) lIledlcnl I!xpenses not covered by Insuran -.:< ,-~'~t;. ,- ~~~~~. c. 'i,.'f;t;;' \ .:,.\~"i"~W:.a(,....' . ,_ ;.;I.;'~",. <f'~C1U".~J""__ ';"'. : ':.i;.J"N_"'fj!I, . eMi.,,' ";c~.'.i "':'''11-_. t" " ". (11',)"'21 ' . ~it~7z;,,':.;, . ,,-' . ". - -,,- " . '" KATHLEEN A. LEMMONS for herself and on behalf of her minor chlldrenl CHAD LEMMONS and STEPHANIE LEMMONS and TYLER LEMMONSI Plaintiff : IN THE COURT 01<' COMMON PLEAS OF : OUMBERLAND COUNTY, PA 95' - ':/571,/ t'ad~-e"t\ ERIC A. LEMMONS Defendant . . : CIVIL ACTION. LAW : PROTECTION FROM ABUSE : NO. CIVIL 1994 DlMPORARY PROTECTION ORDER -tA AND NOW, this ,~11 day of October, 19951 upon presentation and consideration of the within Petition I and UpOll finding that the plaintiff, KATHLEEN A. LEMMONS, now residing at 407 Rayman Avenuel Boiling Sprlngsl Cumberland County PA 17007, is in Immediate and present dllllger of abuse from the defendant, ERIO A, LEMMONSI the following Temporary Order is entered. The defendant, ERIC A. LEMMONS, SSN: and DOB: now residing at , Is hereby el\lolned from physically abusing the plalntiffl KATHLEEN A. LEMMONS, or placing her In fear of abuse. The defendant is excluded from the residence located at 407 Raymon Avenuel Boiling Springs, Cumberland County, PA 17007, where plaintiff presently resides with her parents and the three minor children of the parties. The defendant is ordered to refrain from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written -_.._.~.._~ .;" communications, 4. ),~v, CLtt~\ .t<cl\......ti-t ( t..L "",t rJ'<"J- {.1...;~ _&~...~. , . { ./,,~ t . ->4, ..L_ ,t.. ('<C. d",.,;t.,( ,.I -!L't1AI-':'l ' ( 7 A"...IJ. 'In" . . , The defendant is el\loined from harDBsing and stalking the plaintiff and from harBBsing the plaintitrs relatives. The defendant is el\loined from entering the plaintitrs place of employment. The defendant is el\loined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of thl. Order may subject the defendant toll) arre.t under 28 Pa. C.8. 181181 il) a private criminal complaint under 28 Pa, C.8. 18118.11 ill) a charp of indirect criminal contempt under 28 Pa. C.8. 18114, punitlhable to lmprllOnment up to .br: mont... and a fine of .100.00- *1,000.001 and Iv) clvU contempt under 28 Pa. C.8. 18114.1. Renmptlon of co.relldence on the part of the plaintiff and defendant .hall not nulllfy the provbllon. of the court order. TWs Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. A hearing shall be held on this mattllr on the ,':( (, rIJ day of ((~ dh II ( t ) ,1996, at _ -:;,' .3 () ,.I ,m'l in Courtroom No, 1-, I Cumberland County Courthousel Carlislel Pennsylvania, The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. . , The Cumberland County Sheriff's DepllJ'tment shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure, This Order shall be docketed In the Office of the Prothonotary and forwarded to the Sheriff Cor service. The Prothonotary shall not send a copy of this Order to the defendant by mail, The Pennsylvania State Pollee wil1 be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enCorced by any law enforcement agency where a violation occurs by arrest Cor indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation Is committed In the presence of the pollee officer. In the event that an arrest Is made. under this section, the defendant shall be taken without unnecessary delay before the court that Issued the order, When that court is unavailable, the defendant shall be taken before the appropriate district justice, (23 Pa C,S, fi 6113), By the Court, 1-'~. . KATHLEEN A. LEMMONS for herself and on bohalf of her minor children, CHAD LEMMONS and STEPHANIE LEMMONS and TYLER LEMMONS, Plalntlff : IN 'I'HE COURT Ol~ COMMON PLEAS OF : CUMBERLAND COUNTYl PA ERIC A, LEMMONS Defendant : CIVIL ACTION - LAW : PROTECTION }i'ROM ABUSE : NO. CIVIL 1904 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice arc served I by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a Judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff, You may lose Illoney or property or other rights important to you. ,EES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25,00 wl11 be assessed against you, You Illay wso be required to pay attorney fees to the Plaintiff's attorney for their representation of the Plaintiff. You .hould take thl. paper to your lawyer at once. If you do not have a lawyer or cannot afford one, IlO to or telephone the office At forth below to find out where you can lOt legal help. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17018 TELEPHONE NUMBERI (717) 240-8200 t\MERICANS WITH DISABILITIES ACT OF 1000 The Court of Common Pleas of Cumberland County is required by law to comply with the Americuns with Dlsublllties Act of 1990. 1"01' informution ubout accessible fucllltles und reusonable accommodutions uvailable to dlsubled individuals having business before the court, pleuse contuct our offico, All arrangements must be made ut leust 72 hours prior to uny hearing or business before the court, You must attend the scheduled conference or IlCnring, ~'..,.,i..,:'," , . 4. The parties have been married since November Hi, 1986 and are the parents of three minor children: Chad Lemmons, age 6j Stephanie Lemmonsl age 3j and Tyler Lemmons, age 2. The children are presently in the custody of the plaintiff. 5, From the beginning of the marriage of the parties, the defendant has engaged in a long standing and regular pattern of emotional and verbal abuse against the plaintiff. He would become unrcasonably angry for lltUe or no reason and would push and shove the plaintiff and would throw household objects at her, He would announce that he was leaving the fomily and would pack his bags to leave. Plaintiff would beg him to calm down and stay, EventuallYl defendant would calm down and unpack his bags, Although she feared destruction of personal property during these episodesl plaintiff was not in fear of physical harm from her husband during these early episodcs, 6. During the last several years of the parties' marriagcl defendant has been employed on a consultant basis as a health physics technician working primarily for short terms at nuclear power plants across the United States and abroad. During the performancc of his workl defendant is away from the marital home and his family for months at a time. 'I'he repeated extended absences of the defendant from his famllYl and the demands placcd upon the plaintiff as the single parent of three young children placed significant strolns on the relationship of the parties, . . 7. In Spring 19951 defendant was at home and was between consultant positions, During this extended period of unemployment, and under pressure from his wifel defendant agreed to attempt to change his career by attending classes at Harrisburg Area Community College, The prospect of the career change WId the lack of employment placed the defendant under a great dew of stress, 8. As of July 1995, the defendant had been unemployed for several months, He appeared to have problems dealing with his situntion, He became angry at slight or no provocation and very resentful of any time thnt plaintiff devoted to any activity directed toward herself or her career that did not involve him, The plaintiff has a sole proprietorship as an administrative nssistant and financial alde. She is able to work at home on her personal computer, The defendant became jealous of any time spent by plaintiff on her work or at her computer. He flew into rages if she was not paying enough attention to him, He would turn off the computer, One time he took her briefcase which contained papers related to her work projects and threw it out the door of the house, 9. Plalntiff's home computer was locnted in the basement of the parties' home and it wns there that she carried on her business work, On several occasions, when defendant became angry nt plaintiff for spending time at the computer, he locked her in the bnsement and refuscd to nllow her to lenve for sevcral hours. 10. On many occasions, defendant would pick up household items, such as toys of the children I books, pieces of jewelry and throw them nt plaintiff. Defendant would scrcam obscenities at plaintiff, and make threats nbout leaving her and taking the childrcn away from t1wir homo, Those threats and obscono . r , statements were made in front of the parties' young children and mode them very upset and fearful. 11. Defendant's apparently diminishing self.control began to increasingly concern and frighten plaintiff. When defendant became angry he become more and more physically menacing to his wife. He would come closer and closer to her fllco as he screamed at her, He would back her into a corner wherl! she would hover listening to his verbal abuse. Defendant wo'lld shove and push plaintiff, He has not slapped or hit her with a closed fist. But his behavior aud increasing display of anger makes plaintiff fearful that he is on the verge of violence to her and their children, 12. In August, 19951 defendant accepted a consultant job out of state in California, During his absencel he continued to send his income home and support the family. He advised plaintiff by telephone that he knew he needed help, He indicated that he believed his problems stemmed from being raised in an alcoholic family and that he was attending ALANON sessions to address some of his issues which he believed to bave stemmed from being ralsed by an alcoholic father. Despite these attemptsl the parties were not coming together and continued to argue in their telephone conversations, 13. In late September, 1995, defend8Jlt completed his California job and returned to the marital borne. He immediately renewed his puttern of threatening bebavior, His conduct seemed to be irrational aud overly suspicious of his wife. He accused her of huying un a1Talr. He fought with her in front of tho children caUsing great foar on the part of his wifo und tho children, . 14. After two dnys nt homel defendnnt lel\ to begin unother consultunt jobl nt Pench Bottom Nucleur Power Plnnt ill Doltu, York CountYl Pennsylvnniu, He moved into a motol. The plnintiff ndvised the dofondant that she wished to sepurnte nnd proposed thut sho and the children would 1I10ve out of the muritw home and thut the house be listed for swe, 15, On 01' nbout September 28, 19951 he retul'lted to the home and proposed thnt the purties engnge in murringe counseling. Plwntlff refused his request on the basis thnt she felt he would first have to work on his own conduct before they could work together on the murringe, He becnme enrnged ut her response nnd lel\, 16. After the meeting on September 28, 19951 the porties ngnin dJscussed the fnct thnt plnintiff wished to seporate nnd that she wished to move, wong with her children, to live with her pnrents, It was l1b'l'eed by the porties that they would list the maritw home for swe with Homestead Group Inc" rewtors at a listed price of $1191900. 17, On October 5, 1995, defendnnt ngnin cnme to the mnritw home to visit with his children nnd to sign the pnpers to list the muritw home for sale, Becnuse of his prior conduct, plaintiff nrrunged for hel' futher nnd brother to be present during the visit. When he urrived, defendnnt wns CWIll nnd agreed to sib'll the listing contruct. In light of his composure, plwntiff ngreed thnt her futher nnd brothel' should leuve so thnt the purties could talk in pl'ivnte nnd defendnnt could visit with his childl'en, 18. After plaintU'rs father IUld brother len, defendant began to display anger teward plaintiff, He refused to sign the listing contract. He threatened plwntiff that If she persisted in her plan for separation, he would toke the children awny from their home, 19, Defendant stormed out of the hOllse, Although it WIlB pouring rwn, plwntiff followed him outside I trying to reason with him and have him accept the plan for separatlonlUld sole of the home upon which they had previously agreed, Defendant refused to cwmly discuss the situation and angrily berated plaintiff, When she tried to return to the house he shoved her aside and began to scream at her and the parties three children, IUld nlso a visiting 6-year old child, that he WIlB going away for a long time and it WIlB nil "Mommy's fault," This conduct greatly upset the children. In front of the children, defendant cnlled plaintiff "a cunt." Defendant then shoved plaintiff out of his way and headed back Into the house. 20. Plaintiff tried to get to the house telephone to coli for help. Defendant again began to shove and push plaintiff, In order to prevent plaintiff from cnlllng for helpl he ran to the kitchen phone and ripped the phone out of the wnll. Plaintiff then made a run for the bllBelllent phone. Defendant followed her down Into the basement IUld again ripped the second phone out of the wnll. He then took tho telephone and threw the instrument on the fioDl' of the basement and ripped tho chords apart, 21. Plaintiff then returned upstairs and tried to reach a remwning portable phone In the living room, Defendant reached the phone first and took It with him out into the ruin, Plaintiff attompted to I'etrleve the phone from her . . ~ , husband but he took the phone and threw the phone across the street, smnshing it, 22, Defendant screamed at the four young children that he wns never coming back, The children appeared terrified and were crying, Defendant stormed out of the yard and left. 23. In the early morning of October 71 1995, defendant returned to the maritnl home. He apparently spent some time in the garage and then around 6:00 a,m, burst into the bedroom where plaintiff was sleeping with her young daughter. He began screaming wld yelling at plaintiff awakening her and her daughter and the two sons who were sleeping in another room, Plaintiff was frightened by defendant's behavior and placed a telephone cnll to her father for his help, All three children climbed into bed with plaintiff and huddled with her terrified of their father's behavior, Defendant continued to scream for a while, and then left the room and went out to the garage and then len the premises, 24. Her children have expressed fear of their father to plaintiff and haye nsked her not to leave them nlone with him, 25. Plaintiff believes and therefore avers that defendant Is out of emotional control at this time and is unable to reliably exercise emotionnl restraint. Because of his decreasing control she fearB his conduct may result in physicnl violence against herself or her children the next time defendant Is with them. 26, Due to the above incidents, plaintiff fears for her safety, She believes that she Is In particular danger because defendant is acting lrrationwly and Is upset by the breakup of their marriage. ~ , 27. Plaintiff belleveB and therefore averB that Bhe and thc pnrtieB children nre In Immediate and preBent danger of abuBo from the defendant and that they nre In need of protection from Buch ubuBe, 28, Plaintiff deBireB that defendant be prohibited from huving any direct or indirect contact with the plalntlffl except UB Buch contacts muy Involve the welfare of the children of thc pnrtlcB, 29. Plaintiff deslrcB that defendant be cl\Jolned from dumaging, destroying or Belling uny property owned jointly by the pW'ties, cxcept upon mutual agrecment of the parties, 30. Plaintiff deslreB thut any vlBitution exercised by dcfendunt with the minor cWldren tuke place outside of thcir prcsent domicile ut 407 Raymon Avenue, Boiling Springs, Cumberland County PA 170071 and that the defendant not be admitted to this rcsldence for uny purpose, B. SUPPORT 31. Defendant Is or has been cmployed In a consultant capacity as a health phYBlcs tech at the Peach Bottom Nuclear Power Plant In Deltu, Pcnnsylvunla und has annuulnet buslncss Income and unemploymcnt benefits which plaintiff cstimates to be In excess of $40,000 per annum. 32, Defcndllnt hus a duty to support the plaintiff and their minor chlldrcn IlIId Is finunclally Ilble to do so, 33. Plulntiff currontly hilS only mlnimallncollle as a purt time clerical worker, Her gross receipts for IOU4 was $4,381 with a net humblc profit of $U88, She Ilnd her children hove been financ1lllly dependent upon defendant for their ., . maintenance and support. 34. On or before October 5, 19951 defendant removed ail of the marltai funds from the partles1 joint accounts, He stopped his prior pracllce of depositing his payroll Into the parlles' joint checking account. 35, Plaintiff and her three children arc prellently staying with her parents, Plaintiff hOB minimum Incomel other than support from the defendant, which the defendant has discontinued, Plaintifrs income Is Insufficient to provide for her minimal needs and those of her children unlll such time us a support order can be obtained at the Domesllc Relations Office. 36, Plaintiff has already filed a petillon for support with the Domestic Relations Office. 37. Plaintiff cannot afford to live in the maritai home without support from her husband, She hOB suffered losses os a result of the abuso and violent conduct by the defendant In that he has destroyed itoms of personal property and forced her to Incur the expenses of a move from the marital home, 38, Plaintiff cannot afford to make the monthly mortgage payments and other expenses related to the upkeep of the marital home. Defendunt hOB stated that he will not make or share In those expenses and has refused to sign papers to put the house up for sale, 39, Plaintiff desires the Court Issue u tomporary support ordor directing defendant to assure support and maintenance of herself and of her minor chlldl'en pending furthor acllon by the Court through the DOlllostlc Relallon Suction. C. ATl'ORNEY'S FEES AND COSTS " .' - , Lemmons has been employed out of the area lor much of the last several years and h88 been frequently absent from the marital home for extended periods of tlmel but h88 maintained the marital home as his legal residence, It Is believed that he generally resides alone when out of town, but may presllntly be staying with his parents 88 set forth above, 42, The plaintiff has not participated as a party or witness, or In another capacity, In other litigation concerning the custody of the children in this or another court. 48. The plaintiff has no information of a custody proceeding concerning the children pending In a court of this Commonwealth. 44. The plaintiff knows of no person not a party to the proceedings who h88 physical custody of the children or claims to have custody or visitation rights with respect to the childrenl other than the maternal grandparents of the children who may have a claim to visitation rights, 45. The best Interest and permanent welfare of the children will be served by granting the relief requested because plaintiff Is a fit and loving parent well able to care for the children, and defendant has shown by his abuse of the plaintiff and his abusive behavior In front of the children that he Is not an appropriate role model for the chlldreu, 46, For the lives of the children, plaintiff has bClln the primary caretaker of the children and the defcndant hus dcsired thut this be the arrangement, 47. Because of the defendant's work schcdule he Is unuble to care for the children on his own for uny more thun very brief periods of t1mll and to plaintiff's , " '. , knowledge Is not residing in a sotting where he would be ablo to adoqu/ltely provide for the physiculneeds of tho children. 48, Each parent whoso parentul rights to the children have not been terminated and the porson who has physlcul custody of the chlldron have been named us parties to this action, WHEltEFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 71 1976, 23 P,S, U 6101 et Iill!l" DB amondedl the plaintiff prays this Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing tho plaintiff or placing her or the chlldron of the parties In fear of abuse; 2, Ordering tho defendant to refrain from having any contact with the plaintlffl other than by occasionul telephone conversations or brief discussions regarding tho children, at any times the children are exchanged for visltatlonj 6, Ordering the defendant to stay away from any residence the plaintiff may In the future establish for herselfj 7, Granting temporary custody of the minor children to the plwntiff; 8, Schedule a hearing In accordance with the provisions of the "Protection from Abuse Act," and, after Buch hoarlng, enter an order to be in effect for It period of one yew': I .' . .- , I. Ordering the defendant to refrllin from abusing the plllintilf or placing her in fear of abusc; ll. Ordering defendant to refrllin from having any contact with plllintilfl other than by occasional telephone conversations or brief discussions regarding thu children i ill. Ordering defendant to refrllin from harnBsing plllintllf, the children of the parties or the plllintifrs fwnilYi iv, Ordering defendant to stay away from any residence plllintilf may in the future establish for herselfj v. Granting temporary custody of the minor children to plllintllf; vi, Granting support to plllintlff and her minor children and directing defendant to continue paying the expenses of the marital home pending further order of courti vii. Ordering dcfendant to reimburse plllintllfs out-of-pocket losses suffered as a result of the abusej and vill. Ordering the defendant to pay all costs of filing and service of this lawsuit and attorneyls feos to JACOBSEN & MILKES, B. The plllintllf further asks that this Petition be filed and served without payment of costs, pursuant to 23 Pa B.C, ~ 6106(b)1 pending hearing and further order of courtl Wid that certified copies of this Petition and Order be delivered to the Pennsylvania State Police and the Pollco Departments with jurisdiction to on force this Order, , '. I I t, . . , . ,oil . WHEREFORE, pursuant to 23 P.S. ~ 5301 !lll!IDl'1 and other applicable rules and low, the plwntilT prays this Honorable Court to award custody of the minor children to her. The plaintiff prays for such other relief as may be just llnd proper. Respectfuily submitted, W!~~. BY: Andrea C, cobsenl Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 717 249.6427 Attorney No. 20952 ,:.",,~~,;'~,~:':'H.;(','. ..~t~,'i4.,-}~,p">,'.z,,._,,_.-, :;~~:; ,~ . J~CO.II" . Mg;AJ. . . " . .....SJIWT......I1IiIr. . . ~.;' ....., ."~.l". ... '" i",,,..., . ; (riiti...ir ". ,",'..'''', " .. . . KATHLEEN A, LEMMONS for herself Illld on behalf of her minor children, CHAD LEMMONS and STEPHANIE LEMMONS Illld 'I'YLER LEMMONSI Plaintiff : IN 'I'HE COURT OI~ COMMON PLEAS OI~ : CUMBERLAND COUNTY, PA t)/}' - 5~'J 7 f L't.I~\-.:zpt/YI ERIC A. LEMMONS Defendant : CIVIL AC'I'ION - LAW : PRO'rECTION FROM ABUSE : NO, CIVIL 1994 TEMPORARY PROTECTION ORDER AND NOW, this ,':;0'/" day of October, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, KATHLEEN A, LEMMONS, now residing at 407 Raymon Avenue, Boiling Springs I Cumberllllld County P A 170071 is in immediate and present dWlger of abuse from the defendlllltl ERIC A. LEMMONS, the following Temporary Order is entered, The defendllllt, ERIC A, LEMMONS, SSN: llIld DOB: now residing at , is hereby enjoined from physically abusing the plaintiff, KATHLEEN A, LEMMONS, or placing her in fear of abuse, The defendant is excluded from the residence located at 407 Raymon Avenue, Bolling Springsl Cumberland County, PA 17007, where plaintiff presently resides with her parents and the three minor children of the parties, The defendant is ordered to refrain from having IlllY direct or indirect contact with the plaintiff including, but not limited to, telephone Illld written communications, ..' <0.' . . " KATHLEEN A, LEMMONS for horse If and on behalf of her minor children, CHAD LEMMONS and STEPHANIE LEMMONS and TYLER LEMMONS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA ERIC A. LEMMONS Defendant , : CIVIL ACTION. LAW : PROTECTION FROM ABUSE ; NO, ClVIL 1994 NOTICE You have beon sued in Court, If you wish to defend against the claims set forth in the following pagesl you must take uction promptly of tel' this Petition, Order and Notice Ilfe served, by uppellfing persono.lly or by uttorney ut the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You Ilfe wllfned that if you fail to do so the Court may proceed without you, and a Judgment may be entered ugainst you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff, You muy lose money or property or other rights important to you, FEES AND COSTS If the case goes to hellfing and the judge grmts a Protection Order, a surchllfge of $25,00 will be assessed against you, You may IlIso be required to puy uttorney fees to the Plaintiffs attorney for their representation of the Plaintiff, You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240.0200 AMERICANS WITH DISABILI1'IES ACT OF 1990 The Court of Common Plell8 of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible fucllities nnd reusonuble accommodulions uvailable to disabled individuws having business before the court, pie use contact our office. Allllfrnngements must be made utleast 72 hours prior to my hearing 01' business before the court, You must attend the scheduled conference or hellfing, . . . . 4, The parties have been married since November 15, 1986 and are the parents of three minor children: Chad Lemmons, age 6j Stepbnnie Lemmons, age 3; nnd 'l'yler Lemmons, age 2, The children are presently in the custody of the plwntifT. 5, From the beginning of the marriage of the parties, the defendlll1t hll8 engaged in a long standing nnd regular pattern of emotionuland verbn! abuse agwnst the plnintifT, He would become unreasonably Ill1gry for little or no rell80n Ill1d would push Ill1d shove the plnintifT and would throw household objects at her, He would announce that he Wll8 leaving the fnmily and would pack his bags to leave, PlnintifT would beg him to cn!m down and stay. Eventun!ly, defendlll1t would culm down and unpack his bags, Although she feared destruction of personal property during these episodes, plnintiff was not in fear of physicn! harm from her husband during these early episodes, 6. During the last severn! years of the parties' marriage, defendant has been employed on a consultant basis as a hen!th physics technicilll1 working primnrily for short terms at nuclear power plants across the United States and abroad, During the performance of bis work, defendant is away from the maritn! home and his family for months at a time, The repeated extended absences of the defendant from his fnmilYl Ill1d the demands placed upon the plnintilT as the single parent of three young children placed signlficlll1t strnins on the relationship of the parties. .. I' . ' . . 7, In Spring 1995, defendllllt was ut home und was between consultllllt positions, During this extended period of unemployment, and under pressure from his wife, defendllllt agreed to attompt to chllllge his career by attending cl1\88es at Harrisburg Area Community College. The prospect of tho cureer chllllgo OIId the lack of employment placed tho defendant under a b'l'eat denl of stress. 8, As of July 1995, the defendllllt had been unemployod for several months, He appeured to have problems denling with his situation, He became nngry at slight or no provocation OIId very resentful of IlllY time that plaintiff devoted to any uctivity directed toward herself or her career that did not involve him. The plaintiff has a sole proprietorship as 011 administrative assistnnt and financinl aide, She is able to work at home on her personnl computer, The defendant become jenlous of OIly time spent by plaintiff on her work or at her computer, He flew into rages if she was not paying enough attention to hIm. He would turn off the computer, One time he took her briefcase which contained papers related to her work projects and threw it out the door of the house. 9, Plaintiff's home computer was located in the basement of the parties' home and it was there that she curried on her business work. On several occasionsl when defendunt becume anb'lJ' ut plaintiff for spending time at the computer, he locked her in the basement and refused to allow her to leave for several hours, 10, On mnny occasions, defendant would pick up household items, such as toys of the children, books, piecos of jewolry nnd throw them at plaintiff. Defendnnt would scream obsconitios at plointiff, Illld make threuts about leaving hor nnd taking the children uwuy from thoir homo, These threats and obscene . . , ' . ' statements were mude in front of the pw,ties' young children und made them very upset and fearful. 11, Defendantls upparenlly diminishing self-control began to increWlingly concern and frighten plaintiff. When defendant became angry he became more and more physically menacing to his wife, He would come closer WId closer to her face IlS he screllIDed at her, He would back her into a corner where she would hover listening to his verbal abuse. Defendant would shove and push plaintiff, He hIlS not slapped or hit her with a closed fist, But his behavior and increWling display of anger makes plaintiff fearful that he is on the verge of violence to her and their children. 12. In August, 1995, defendant accepted a consultant job out of state in Callfornia, During his absence, he continued to send his income home and support the family, He advised plaintUr by telephone that he knew he needed help, He indicated that he believed his problems stemmed from being raised in an alcoholic family and that he was attending AlANON scssions to addrcss somc of his issues which he believed to have stemmed from being raised by an alcoholic father, Despite these attemptsl the parties were not coming together and continued to argue in their telcphone conversations, 13, In late Septemberl 1995, defendant completed his California job and returned to the marital home, He immediately renewed his pattern of threatening behavior, His conduct scemed to be irrutional and overly suspicious of his wife. He accused her of having an affair, He fought with her in front of the children causing great fear on the part of his wife and the children, . . . . 14. After two days at home, defendant len to begin another consultant job, at Peach Bottom Nuclear Power PllUlt in Delta, York County, Pennsylvania. He moved into a motel. Tho plllinliff advised the defondWltthat she wished to separate and proposed that ahe nnd tho children would move out of the marital home IU1d that the house he listed for sale. 15. On or about September 28, 1995, he returned to the home IU1d proposed that tho partios engage In marriage counseling. Plaintiff refused his request on the bnsls that sho fell he would first have to work on his own conduct before they could work together on the marriage. He beclU11e enraged at her response and left. 16. Mter the meeting on September 28, 1995, the parties again discussed the fact that plaintiff wished to separate nnd that she wished to move, along with her children, to live with her parents. It was agreed by the parties that they would list the marital home for sale with Homestead Group Inc., realtors at a listed price of $119,900. 17. On October 5, 1995, defendnntagain came to the marital home to visit with his children lUld to sign the papers to list the marital home for sale. Because of his prior conduct, plaintiff arranged for her futher und brother to be present during tho visit. When he arrived, defendnnt wus calm WId agrel'd to sign the listing contract. In light of his composure, plaintiff Ilj,rreed thut her father and brother should leave so that the partiee could talk in private and defendant could vieit with hie children. . . . . 18. After plaintifrs father nnd brother left, defendant began to dieplay anger toward plaintiff. Ho refueed to sign the listing contract. He threatened plaintiff that if ehe persisted in her plan for separation, he would take the children away from their home. 19. Defendant stormed out of the houso. Although it WIlB ponring rain, plaintiff followed him outeide, trying to reason with him and have him accept the plan for separation and sale of the home upon which they had previously agreed. Defendant refused to calmly discuss tbe situation llIld angrily berated plaintiff. When she tried to return to the house he shoved her aside and began to screamut her and the parties three children, and also a visiting 6-year old child, that he was going away for along time llIld it was all "Mommy's fault." This conduct greatly upset the children. In front of the children, defendant called plaintiff "a cunt." Defendant then shoved plaintiff out of his way and headed back into the house. 20. Plaintiff tried to get to the house telephone to call for help. Defendllllt again began to shove llIld push plaintiff. In order to prevent plaintiff from calling for help, he ran to the kitchen phone lUld ripped the phone out of tho wall. Plaintiff then made a run for the bnsement phone. Defendant followed her down into the basement and again ripped the second phone out of the wall. He then took the telephone and threw the instrument on the floor of the basement llIld ripped the chords apart. 21. Plaintiff then returned upstairs and tried to reach a remaining portable phone in the living room. Defendant roached the phone first llIld took It with him out into the rain. Plaintiff attempted to retrieve the phone from her . . , . . . husband but he took the phone nnd threw tho phone across the street, smllBhing It. 22. Defendant screanled at the four young children that he wns never coming back. The children appeured terrified wid were crying. Defendant stormed out of the yurd nnd left. 23. In the early morning of October 7, 1995, defendlUlt returned to the marital home. He apparently spent some time in the garage llIld then around 6:00 a.m. burst into the bedroom where plaintiff was sleeping with her young daughter. He began screaming and yelling at plaintiff awakening her lUld her daughter llIld the two sons who were sleeping in llIlother room. Plaintiff was frightoned by defendant's behavior nnd placed a telephone call to her father for his help. All three children climbed into bed with plaintiff llIld huddled with her terrified of their father's behavior. Defendllllt continued to scream for a while, llIld then len the room and went out to the garage nnd then left the premises. 24. Her children have expressed fear of their father to plaintiff llIld have nsked her not to leave them alone with him. 25. Plaintiff believes and therefore avers that defendllllt is out of emotional control at this time lUld is unable to reliably exercise emotional restraint. Because of his decreasing control she fours his conduct may result in physical violence against herself or her children the next time defendant Is with them. 26. Due to the above incidents, plaintiff fears for her safety. She believes that she is in particular dnnger because defendant is acting irratlonaily and is upset by the breakup of their marriage. . . 27. Plaintiff believes and therefore avers that she Wid the partios children are in immediate and present danger of abuso from the defondant and that they aro in need of protection from such abuso. 28. Plaintiff dosires that defendwlt be prohibitcd from having any direct or indirect contact with the plaintiff, oxcept us such contacts may Involve the welfare of the childron of the parties. 29. Plaintiff desires that defendlUlt be enjoined from damaging, destroying or selling nny property owned jointly by the parties, except upon mutual agreement of the parties. 30. Plaintiff desires that any visitation exercised by defendlUlt with the minor children take place outside of their present domicile at 407 Rnymon Avenue, Boiling Springs, Cumberland County PA 17007, and that the defendlUlt not be admitted to this residence for any purpose. B. SUPPORT 31. Defendant Is or has becn omploycd in a consultant capacity as a health physics tech at the Peach Bottom Nuclear Power Plant in Delta, Pennsylvania and has annual net buslncss income and uncmploymont benefits which plaintiff estimates to be In cxcess of $40,000 pOl' annulll. 32. Defendant hus a duty to support tho plaintiff and their minor children and is financially able to do so. 33. Plaintiff currently hus only IIllnllllallncollle us a part time clerical worker. Her gross rccclpts for 1994 wus 34,:.181 with u ncttuxuble profit of $088. She and hcr chlldron have been finuncially dcpendcnt upon defcndant for their . . maintcnnnce lUld Hupport. 34. On or bofore Octobor 5, 1995, defendant relllovod all of the marital funds from thc partieH' joint accounts. He stopped his prior practice of depositing his payroll into the partleH' jOl11t checking account. 35. Plaintiff and her threc children aro presently staying with her parcnts. Plaintiff has minimum Income, other thun support from the defendant, which the defendant has discontinued. Plaintlfrs income is insufficient to provide for her mlnimal needs and those of her children until such time as a support order ClUl be obtained at the Domestic Relations Office. 36. Plaintiff has already filed a petition for support with the Domestic Relations Office. 37. Plaintiff ClUlnot afford to live in the marital home without support from her husband. She has sufferod losses as a result of the abuse llIld violent conduct by the dcfendant In that he has destroyed items of personal property lUld forced her to incur the expenses of a move from the marital home. 38. Plaintiff ClUlnot afford to make the monthly mortgage payments and other expenses related to the upkeep of the marital home. Defendant hns stated that he will not make or shure In those expenses and has refused to sign papers to put the house up for sale. 39. Plaintiff desires the Court Issue a temporary support order directing defendant to IlBsure support and mwntenance of herself and of her minor children pending further action by the Court through the Domestic Relation Section. C. ATfORNEY'S FEES AND COSTS Lemmons has been employod out of the area for much of tho last several yeurs and hllB beon frequently absent from the murital home for extonded periods of time, but hIlS maintained tho marital home as his legal residence. It is believed that he generally resides alone when out of Lown, but may presently be staying with his purents UB set forth above. 42. The plaintiff hUB not participated as a purty or witness, or in allother capacity, In other litigation concerning the custody of the chlldron in this or another court. 43. The plaintiff has no information of a cuetody proceeding concerning the children pending in a court of this Commollwealth. 44. The plaintiff knows of no person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, other than the maternal grlUldparents of the children who may have a claim to vis\t.ation rights. 45. The best Interest and permanent welfare of the children will be served by granting tho relief requested because plaintiff Is a fit lUld loving parent well able to care for the children, lUld defendallt has shown by his abuse of the plaintiff and his abusive behavior in front of the children that ho is not nn appropriate role model fOI' the children. 40. For the lives of the chUdron, plaintiff has been the primary caretaker of the children and the defendant has desired that this be tho arrangement. 47. Because of the defendant's work schedule he is unable to care for the children on his own for any more than very brief periods of time and to plaintiff's knowlodgo is not rcsiding in a setting where he would be ablo to adequately provide for tho physical nocds of tho children. 48. Each parent whose parental rights to tho children have not been terminated and tho person who has physical custody of tho children have beon named as purties to this action. WHEREFORE, pursuant to tho provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. ~ 6101 et sell" as amended, the plaintiff prays this Honorable Court to graut the following relief; A. Grant a Temporary Order pursunnt to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her or the children of the parties in fear of abuse; 2. Ordering the defendant to refrain from having any contact with the plaintiff, other than by occasional telephone conversations or brief discussione regarding the children, at any times the children are exchanged for visitation; 6. Ordering the defendant to stay away from any residence the plwntlff may in the future establish for herself: 7. Grauting temporary custody of the minor children to the plaintiff: 8. Schedulc a hearing In accordance with the provisions of the "Protection from Abuso Act," and, after such hearing, enter an order to be in effect for II porlod of one year: . . . l. Ordering tho defendant to refrain from IlbuBing tho plaintiff or placing her in fear of abuso; iI. Ordering defendll11t to refrain from having any contact with plaintiff, other than by occasional telophone conversations or brief discussions regarding tho children; iii. Ordering defondllllt to refrain from harnsslng plaintiff, the children of the partios or the plaintiffs fanillYi iv. Ordering defendllllt to stay away from lulY residence plaintiff may in the future ostablish for herself; v. Granting temporary custody of tho minor children to plaintiffi vi. Granting support to plaintiff and her minor children and directing de fondant to continue paying the expenses of the marital home pending further order of courtj vii. Ordering defendant to reimburse plaintiffs out-of-pocket losses suffered as a result of the abuse; and viti. Ordering the defendant to pay all costs of filing llIld servico of this lawsuit and attorney's fees to JACOBSEN & MILKES. B. The plaintiff furthor asks that this Petition be filed and served without payment of costs, pursuant to 23 PI. S.C. ~ 6106(b), pending hearing and further order of court, lUld that certified copies of this Petition and Order bo delivered to the Ponnsylvanla State Police and the Pollco Departments with jurisdiction to onforco this Order. KATHLEEN A. LEMMONS for herself llIld on behalf of her minor children, CHAO LEMMONS, STEPHANIE LEMMONS Ilud TYLER LEMMONS, Plaintiff vs. ERIC A. LEMMONS Oefondant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : NO. 95-5574 CIVIL TERM ORDER TO RESET HEARING ON PROTECTION ORPER AND NOW, this /.s~ day of November, 1995, the hearing set in this matter for the 26th day of October. 1995. at 3:30 p.m., having been continued (/, upon consent of the partios shall be held on tho t<C( J day of 72nItJhb..f/V ,1995, at 9; c'D C\ .m., in Courtroom No. -1-. Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection Order of October 20, 1995, remains In offect until modified or terminated by the Court aftor notice or hearing. Service of this Order may be accomplished under any applicable rule of Civil Procedure. This Order Bhall be dockotcd in the Office of tho Prothonotary. The Prothonotary shall not Bend Il copy of this Order to the dofondant by mail. By the Court. ~./ld. J. / IN TilE COURT OF COMMON PL~AS OF CUMBERLAND COUNTY/ PENNSYLVANIA KATHLEEN A. LEMMONS, Plaint! ff NO. 9!Hi574 CIVn 'l'ERM v. IN IH VORCE ERIC A. LEMMONS, De fendants PRAECIPE TO THE PROTHONOTARY: Please enter my appearanco for the Dofondnnt, Eric A. Lemmons, in the above-captionod matter. Rospectfully submitted, ]7.7.1 i V;:'fr- Wi~~ ~: Vohs, Esquire Attorney 10 No. 65208 11 W. Pomfrot Street/ Suite 2 Carlisle, PA 17013 (717) 249-5373 ht."............ All' ~ r--. INDIX TO WITNISSIS rOR THI PLAIN'l'Irr DIRICT CROSS REDIRECT RICROSS Kathleen A. ~e..on. 3 33 45 rOR THE D.rIHDANT Iric A. L.-on. 49 u .....--.......-.--..--------- INDIX TO IXHIBITS rOR TH. PLAIN'l'IU IDlHTln.D Ix. No.1. ..Nonexi.tent Ix. No. a - Rule. of Civil proc.dur. 27 .. Ixhibit No. 1 and a are identical. By error Ixhibit Nuaber 1 wa. marked a. Exhibit a.** rOR 'ra. DlrlNDANT IDIN'l'InID Ix. No. 1 . photograph 35 Ix. No. a . Spou..l/child .upport 60 work.heet Ix. No. 3 . flpou..l/ child support 60 work.he.t :I 1""\ "....., 1 THE COURT 1 Now, your time constraints are 2 what, Mr. Voh.? 3 MR. VOHS 1 Your Honor, I have a 3100 4 preliminary hearing with D.J. Correal that I don't expect to 5 go until 3130, 4100. 6 THE COURT 1 Okay. Well, we'll certainly have 7 no difficulty, I'm sure. Go ahead. 8 MS. JACOBSEN 1 Yes, Your Honor. Thi. i. the 9 time finally .et on the hearing of the temporary protection 10 order is.ued by Your Honor, and I call my client, Kathleen 11 A. Lemmon., the petitioner. Your Honor, I had left a form 12 with you which I'd ju.t like to have marked as Petitioner'. 13 Bxhibit 1, if I may. 14 THB COURT 1 All right. 15 (Whereupon, Plaintiff'. Bxhibit No. 1 16 wa. marked for identification.) 17 Whereupon, 18 KATHLEEN A. LEMMONS 19 having been duly sworn, testified a. follow.. 20 DIRECT EXAMINATION 21 BY MS. JACOBSEN 1 22 Q Would you state your full name and where 23 you're currently residing for the record? 24 A Kathleen Ann Lemmons, 407 Rayman Avenue, 25 Boiling Springs, Pennsylvania, 17007. 3 1"""1 ~ 1 Q And that'. in Cumberland County? 2 A Ye.. 3 Q Okay. And with whom do you re.ide at this 4 time? 5 A With Maryanne and Larry Carbine, my par.nt.. 6 Q And that's your mom and your dad. Anybody 7 .1.. in that haulehold? 8 A My ohildren. 9 Q And who are your children? 10 A Chad Lemmon., Stephanie Lemmon., and Tyler 11 Lemmon.. 12 Q All right. Now the.. thr.e children, ar. 13 th.y al.o the children of the r..pondent, Bric Lemmon.? 14 A Ye.. 15 Q Okay. And how old i. your -- you have two 16 boy. and a girl? 17 A Ye.. 18 Q And how old is your olde.t boy? 19 A He'. .ix. 20 Q And his nlUllB is? 21 A Chad. 22 Q Okay. And his date of birth? 23 A X. 4/24/89. 24 Q And does he go to school? 25 A Yel. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1'""'\ ~ o And what grade is he in? A He's in first grade at Rice Ilemantary. o Okay. And you have your second child is a daughter? A Yes. o And how old is your daughter? A Stephanie is four. o Okay. And what's her date of birth? A Her date of birth is 11/4/91. o Okay. And is she involved in any kind of formal child care? A She goes to preschool two day. a week. o Okay. And what i. the cost of that? A $65.00 a month. o Now, do you have -- you have a third child? A Yes, Tyler. o And how old is Tyler? A He is two, and his birthday i. 1/18/93. o And is he about to start -- i. he ourrantly in any kind of ohild care? A He was in a program called Terrific Two's, and he'll be starting Preschool Challenge in January. o Okay. What i. the cost, do you estimate, as of January of that program? A About $15.00 a month. 5 ""'" ~ 1 Q And what i. the date of your marriage? 2 A 11/15/86. 3 Q Okay. And i. thi. your only marriage? 4 AYe.. 5 Q During the period of your marriage, we. there 6 any kind of difficultie. in tel~. of phy.ical or verbel 7 &bu.e between you and your hu.band? 8 AYe.. 9 Q Can you de.cribe for the Court -- in your 10 petition you alleged that it wa. a long .tanding and regular 11 pattern. Could you articulate to the Court why you u.ed 12 tho.e term. in your petition, and why you are able to verify 13 that? 14 A Well, any time we had an argument it would 15 and up with him packing hi. bag. to leave me with a threat 16 of abandoning me, throwing clothe. at me. The argument. 17 ware inten.e when they occurred. 18 Q At that time did you have any fear that he 19 might de. troy .ome of the per.onal property in the 20 hou..ho1d? 21 AYe.. 22 Q Did you have a fear at that time at the 23 beginning of your marriage that he wa. going to harm you 24 phy.ically? 25 A Not really. 6 --. ~ 0 A 0 re.ide now? A 0 State? A 0 A 0 marriage, what A A No. It'. u.ually two to three month.. 0 Okay. But not years? A But not year.. Not normally. Q Not normally. And are they ullually at a local -- have they been at a local facility in the area of your home? 7 ~ ~ 1 ATher. ha. b..n on. or two n.ar the hom., but 2 mo.t ar. away from the hom.. 3 Q Okay. Now, the one or two naar the home ha. 4 b..n ov.r the la.t 6 y..r. or .o? 5 A Y... 6 Q Okay. And wh.n you .ay away from the hom., 7 wh.r. do you m.an? 8 A H.'. b..n in Japan. 9 Q How lon~ wa. h. in Japan? 10 A Four w..k.. 11 Q Okay. 12 A California, N.w J.r.ey, Ohio, oth.r part. of 13 P.nn.ylvania. 14 Q Durin~ the period when h. i. away at the.. 15 nucl.ar pow.r plant. acro.. the United Stat.. and abroad, 16 do.. he r.ceiv. an .ddition to hi. normal wag..? Doe. h. 17 r.c.ive .om. kind of trav.l or p.r diem r.imbur....nt? 18 A Y... 19 Q And to your knowledge i. that r.fl.ct.d a. 20 part of hi. taxable incom.? 21 A No, it ia not. 22 Q Now, during the time wh.n h. ha. b..n away 23 and you r.c.iv.d that mon.y, did that mon.y go into 24 imm.diat.ly pay thoa. .xp.na.a? 25 A No. Th.y uaually w.nt to p.y hou..hold 8 ~ ~ 1 .xp.n.... 2 Q And how did h. pay for hi. oth.r .xp.n...? 3 A Cr.dit card, u.ually. 4 Q Okay. Did you enjoy being living in an 5 arrangem.nt where your hu.band was gone mo.t of the time and 6 you were pr.dominently rai.ing your child a. a .ingl. 7 parent? 8 A No. 9 Q Did that have any effect on your r.lation.hip 10 with your hu.band? 11 AYe.. 12 Q And what wa. the effect? 13 A W.ll, it wa. the type of job that h. had, and 14 it was alway. with the und.r.tanding that at .ome point h. 15 would try to do .omething el.., .0 I did what I had to do 16 and rai..d the kid., but being apart can't po..ibly do a 17 marriage any good. We were apart for long period. of time, 18 and it was v.ry .tre..ful for me. 19 Q Did there ever come a time when you and your 20 hu.band di.cu..ed the idea that maybe he would try and 21 ohang. hi. career .0 that he could live on a more r.gular 22 ba.i. with the femily? 23 A We telked about it frequently, but there was 24 nothing really serious that would ever come out of it up 25 until this past year. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ..0 21 22 23 24 25 ~ I"'. Q Ok.y. In .pring of 1995 did .om.thing .tart to d.v.10p in th.t r.g.rd? A Y... Wh.n h. fini.h.d hi. job in J.pan h. d.cid.d th.t h. w.nt.d to b. . nucl.ar m.dical t.chnician .nd .tart.d t.king 01...... Q Wh.r. w.. h. going to .chool? A At the K.rri.burg Community Coll.g.. g Did h. ...m to .njoy and thrive und.r th.t condition or did h. h.v. any probl.m. with .tr... or any oth.r diffioulti..? A I think h. h.d . lot of conc.rn., .nd h. ..am.d -- h. ...m.d .tr....d by the fact of having to chang. o.r..r.. g A. of July of '95, w.. h. unemploy.d at that time ? A Y... g And did h. in any way act in any way that mad. you think th.t h. was unhappy d.aling with hi. .ituation? A I'm not .ur. I und.r.tand the qu..tion. g Wa. hi. tol.r.nc. of hou..hold .tr..... or hi. attitude toward your..lf or your aotiviti.. or your ohildr.n oh.ng.d in any way? A In July it st.rted to oh.ng. in that argum.nt. beoame v.ry frequent. They b.came more rag.ful. 10 ,-. ;-.. 1 I didn't know when the next one would occur or what it would 2 occur over. Hi. patience level with the children wa. 3 dimini.hed a lot. 4 Q Now, when you say he became rageful, what 5 kind. of thing. would he become ragefu1 over? 6 A You could never tell from one minute to the 7 next, but a lot of time. it had to do with working on the 8 cOlllputer. 9 Q If you worked on the computer? 10 A Yeah. 11 Q Okay. Now, at that time did you have any 12 kind of gainful activity, by which I mean employment? 13 A Ye., yes. I worked for two companies doing 14 cOlllputer work, ba.ically. lS Q And what kind of -- what are tho.e two 16 cOlllpanie.? 17 A I worked for Carol Smith, who'. a financial 18 con.ultant in Carlisle, and for Beacon Financial Group. 19 Q Okay. And what do you do for them? 20 A I do electronic fund. tran.fer. for Seacon 21 Financial. I do data proce..ing for them. For Carol Smith 22 I do bookkeeping, all of her secretarial dutie., all of her 23 paperwork, ba.ically her administrative a..i.tant. 24 Q Now when you do thie work, do you have any 2S flexibility in terms of when you perform this work? 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 Ye., which i. why I want to do this type of work, becau.e I can do it at home and .tay with the kid., and if I wanted to work at midnight I could work at midnight. a And ha. that become your pattern, to work at odd hour.? AYe.. a What about when the kid. are in their pre.choo1 or child care programs? A That'. u.ua11y a good time for me to .top in the office and pick up work becau.e I don't have to take the kid. with me or all of the kid.. a Maybe .ometime. dragging one, but not three? A Yeah. a What wa. your hu.band'. re.pon.e to the idea that you would .pend time at home doing this bookk.eping and admini.trativ. work on your computer? A Well, he thought it wa. a good id.a too becau.. I could be with the kids. a Did there ever come a time when hi. attitude toward that .eemed to change? A Ye.. This past summer. Q And how did it change? A He didn't like me spending time on the computer. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ o Wh.t kind of way did h. d..on.trat. th.t h. didn't like it? A H. locked m. in the ba..ment. o W.ll, wh.n you .ay h. lock.d you in the b.....nt, i. your comput.r -- A Y..h, it'. in the b...m.nt. My offic. wa. in my b.....nt. o So you w.nt down.t.ir. to work in the b.....nt? A Y..h. o And how did he -- i. th.r. . look .t the top of the b.....nt? A Up.tair., y... o And if you tri.d to l..ve the b.....nt, what did you di.cov.r? A Th. b..ement door wa. lock.d. o Diu h. t.ll you ah..d of time, I'm going to lock you down th.re? A No. o And what would happen if you knock.d on th. door and .aid, h.y, Erio, you know, the door'. locked. C.n you l.t me out? A Bventuelly he would let me out. o But at fir.t did h. -- wa. it . matter of him ju.t doing it acoidentally or? 13 .~ ~ 1 A No, the door was not locked accidentally. 2 It's a hook and eye that you actually have to put the little 3 hook in the little hole. 4 Q And would this have been times when he knew 5 you were down there? 6 AYe. . 7 Q How was that? How is it that you knew for 8 sure that he knew you were down there? 9 A Because I wasn't anywhere el.e in the house, 10 and I wa. down working on the computer. 11 Q Did he ever do anything el.e with regard to 12 the oomputer in terms of trying to interfere with your 13 ability to carry out your work? 14 A He shut down my computer, turned the power 15 off in the house. 16 Q How about your work papers? Did he ever do 17 anything related to your work papers? 18 A He threw my briefcase out the door. 19 Q Out the door of the house? 20 A Out the door of the house to the basement. 21 Q Now, during this time, etarting particularly 22 in the summer of '95, did your husband ever pick up any 23 items from the household that were lying around the house 24 and throw them at you? 25 A His wedding ring wa. thrown at me on two 14 1 3 3 4 5 6 7 8 9 10 11 13 13 14 15 16 17 18 19 30 31 33 33 34 35 ~ ~ different occa.ion.. He would throw the children'. toy.. He'. thrown clothe. at me. o Did he ever throw a book? A No. I don't believe so. o okay. Did he ever say -- make ob.cene .tatement. to you? AYe.. o Did he ever make threat. to you? AYe.. o What were the threats about? A Threats of destroying my computer, threat. of taking the kid. from me, threat. of leaving me. That wa. r mean tho.e arguments would alway. end with I'm leaving you, packing my bag., and that would be it. o And did he ever leave you and pack hi. bag. other than to go off on one of his jobs? A No. He's gone out the door, but come back. o Were these statements made in your pre.ence alone or wa. anybody else -- were your children ever pre.ent? A Yes, they have been present. Q Okay. And how did they respond to the.e fight.? A Well, most of the fights were not in their pre.ence. The one in particular -- well, aotually there 15 -. ~ 1 3 3 . 5 6 7 8 9 10 11 13 13 U 15 16 17 18 19 :10 :11 :1:1 :13 :14 :15 were two in particular where the children were very di.trauwht, .creaming and crying and very confu.ed, .cared. o Did there come a time over the cour.e of the .ummer when you began to have a different kind of ooncern about your hu.bsnd'. behavior? AYe.. o Could you de.cribe how that concern wa. different? A The argument., a. I .aid before, beoame more rageful in that he eventually would have me in a corner huddled, covering my head, waiting for him to hit me. o Did he ever ahove or puah you? A Yea. o Now, ju.t to be olear, did he ever .lap you or hit you with a cloaed fiat? A No, he did not. o But how do you feel about your -- the poaaibility of him doing you Bome phyaical damage even though he haa never hit you or punohed you or alapped you ao far? A Hie actiona - - 0 should I rephraae the queation? A No. Q Okay. A No, I'm JUBt - - 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ o You're ju.t thinking of the words. Okay. A I believe that if I had stayed that the phydcal abu.e would have occurred. 0 So are you in fear of physical ha~ from him? A Yes. 0 In August of ' 95, did your hu.band accept a consultant job out in California? A Yes. He wa. out there for training, training for another job. o During that time did you have any di.cu..ion. that were related to trying to get back together or trying to work thing. out? A We had gone to marriage coun.eling in Augu.t. o And did that get anywhere in te~. of alleviating your argument. or your fear? A No. It just intensified them. o In late September did he then return from that job? AYe.. o And wa. his pattern of behavior different? A No, it wa. not. o Shortly after he came home, did he take __ accept another consultant job in York County? A Yes. o Where was that? 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ A At the Peach Bottom Nuclear Power Pl.nt. Q Ok.y. Did you have any fight. during the time when you h.d contact with him in Septemb.r or October? A Y... Q What were tho.e -- what were the natura of tho.e di..greement.? A Th. di.agreem.nt. were over the marri.ge and trying to work thing. out, fighting about the time that I had .pent on the computer. There wa. . fight about .elling the hou.e. Ther. wa. a big fight in October where he refu.ed to .ign the pap.r. to ..11 the hou.e. Q Had he originally agr..d to .ign? A Y.., that'. why h. w.. th.re. Q At that tim., when he mad. th.t .gr....nt to .ign, w.r. th.r. any oth.r p.opl. pre..nt? A I believe we had agreed on that over the phone. Q Okay. Wh.n he .how.d up -- the night he .how.d up or the day h. .howed up wa. th.r. anybody .l.e th.r. that di.cu...d with him hi. agr..ment to .ign the contract? A My father and my brother w.re ther.. Q Did they speak to him for a while that .vening? A Ye.. It wae the afternoon. 18 ~ ~ 1 Q It wa. that afternoon. All right. And did 2 he .ign the li.ting contract in front of him? 3 A No, he did not. 4 Q And why w.. that? S A I don't know. My father and brother left. 6 They were there to maka .ure that I would be okay, but 7 everything .eamed normal and fine and controlled and I .aid 8 that it wae okay if they left. 9 Q Okay. After they left, did any trouble 10 occur? 11 AYe.. A. .oon a. they left we got into a huge 12 fight that he refu.ed to .ign the paper., and an argument 13 en.ued ov.r that. And he called me nama., and we ended up 14 in a battle, and I did he called me a cunt in front of lS the kid., and I .lapped hi. face and tried to get into the 16 hou.e to get help. And he ripped out all the phone., and we 17 battled over the phone.. 18 Q When you say all the phone., how many phone. 19 were ripped out before this -- during the cour.e of thi. 20 incident? 21 A Three. 22 Q And I'm just referencing your petition, there 23 wa. one in the kitchen? 24 A One in the kitchen. 2S Q What happened to that phone? 19 1 2 ;j 4 5 6 7 8 !l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .~ ~ A W.l1, h. ripp.d th.t on. out of the w.l1. a Ok.y. And th.r. w.. a phon. in the b.....nt? A Y..h, th.r. w.. my bu. in... phon. in the ba._nt. a Wh.t did h. do with th.t on.? A H. d..troy.d that on.. a Wh.n you ..y d..troyed it, wh.t did h. do with it? A H. thr.w it on the ground .nd ripp.d the oord. apart. a Did you th.n try to re.oh . third phon. in your hom.? A Ye.h. I tri.d to g.t to the portabl. phon.. a Wh.t room i. the portable phon. in? A In the bedroom. a Now, on your p.tition you ..y the living room. I don't know, i. it .ometime. A Y..h. It w.. not on it. b.... It wa. out in the living room. a Ok.y. I just w.nted to mak. .ure that wa. the .am. phon.. Okay. Who re.ohed th.t phon. fir.t? A H. did. a And what did he do with it? A He left the hou.e with it, .nd I tri.d to g.t it from him. 20 1 2 3 .. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ o A o get the phone? A o A o A o A What wae the weather like during thi. time? It wa. pouring down rain. Okay. And did you go out after him to try to Ye.. What did he do with the phone? He threw it acro.. the .treet. And what happened tc the phone? It .ma.hed. Were your children pre.ent during thi.? Ye., my children, e. well e. the neighbor'. child. o And how were they acting during thi. whole period of time? A Screaming and crying and following u. through the hou.e and yelling, and they were very .cered. o Do you remember -- on that date did you after he left, did you remember that you had a fourth phone? A Ye., I did. o And where wa. the fourth phone? A In my ven. o Okay. A cellular cer phone? A Yes. Q And did you call for police a..i.tence? A Ye., I did. 21 """'" f"'IiI 1 Q And who did you c.l1? 2 A I c.lled the State Police. 3 Q And did they arrive? 4 A Ye., they did. 5 MS. JACOBSEN. Your Honor, not knowing th.t 6 we were going to go through this -- the proteotion p.rt of 7 it prior to -- .otu.lly prior to this morning beoau.e I 8 thought we w.re going to be .ble to stipul.te, I .ubmitt.d a 9 .ubpoena to the St.t. Polioe during the cour.. of our break. 10 They mayor may not show up. It's be.n aerved on them, but 11 we would a.k if they do produce the reoorda, if you can 12 accept them later. We would .ubmit them to ooun.el, but 13 they may .how up after we conolude our c.... We would 14 aak-- 15 THE COURTI We'll ..e wh.t h.ppen.. 16 MS. JACOBSEN I Ok.y. 17 BY MS. JACOBSEN. 18 Q Do you remember the morning of October 7th, 19 1995, when you w.re atil1 living in the marital home .nd 20 your huaband returned? 21 A Y.s. 22 Q And wh.t h.ppened then? 23 A My d.ughter .nd I were asleep in the bedroom. 24 All the ohildren were asleep, and -- 25 Q Why w.s your d.ughter sleeping in your room? 22 ,......, ~ 1 A Why wae ehe eleeping? 2 Q y..h. 3 A aecauee it wa. her turn. 4 Q Okay. The kide wanted to etay with you? 5 AYe. . 6 Q And what happened then? 7 A He oame bur.ting, opening the door, and 8 .creaming at me that he wanted thing., and turned on the 9 light and woke up the whole hou.ehold and demanded itame. 10 Q What did the ohildren do? 11 A They all oame into the bedroom with me. They 12 were ecared. 13 Q And then what did your hueband do? 14 A He ran around the hou.e and wa. looking for 15 the thinge that he wanted to find, and I got on the phone 16 and oalled my father. 17 Q And then what did he do? 18 A Juet .oreamed and yelled at me, and then 19 left. 20 Q Have your ohildren ever etated anything about 21 being afraid of their father? 22 MR. VOHSI Objeotion. Hear.ay. 23 THB COURTI Well, it'. not really. Go ahead. 24 THB WITNESSI Yee, they have. 25 23 1 3 3 4 5 6 7 8 9 10 11 13 13 14 15 16 17 18 19 30 31 33 33 34 35 ~ ~ BY MS. JACOBSBNI Q Have they ever aeked you 0- indicated that they are afraid to be alone with him? MR. VOHSI The .ame objection, Your Honor. THB COURT I Well, it goe. to their .tate of mind.. Whether they're truly afraid of him or not I'll never know unle.. I aek them, but they're telling her that they are, and it'. not hear.ay for that r.a.on. It'. a little complicat.d, but go ahead. MS. JACOBSEN I Thank you. THB WITNESSI The day that thi. State Police incident occurred, I had to go get my .on from .chool end leave Stephanie and Tyler with their father, and Stephanie .tood at the door and .creamed and cried and a.ked me not to leave her with daddy. BY MS. JACOBSBNI Q Are you in fear for your .afety from your hu.band? AYe.. Q Do you think your children are in fear for their .afety? A Vee. Q Do you think it'. important that your children have .ome kind of relationehip with their father? A Very important. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ o Do you want to try and help them ree.tabli.h that? A Ye., I do. o Have you thought about how you might try and do that? A Well, I do have my old..t .on meeting with a coun.elor at .chool to help him through thing., and the two younger one., you know, we talk about daddy, and they want to .ee daddy, and I want them to .ee their father, and I want him to be a part of their live.. o Do you think that becau.e of hi. pattern of ab.ence. and coming back and forth from the home that they 8u.pect he'll be back again? AYe.. o You moved out of your marital home? A Ye., I did. o And you moved in with your folk.? AYe.. o And why is that? A Becau.. I wa. afraid of my hu.band. o You have no de.ire to exolude your hu.band from the marital home? A No, I do not. o If he wants to live there that'. fine with you? 25 ~ -- 1 A That's fine, yes. 2 Q Do you want your husband to be restrained 3 fro. being able to contact you directly? 4 A Yes. 5 Q And why is that? 6 A Because I'm afraid of him. 7 Q During the last several years has your 8 husband -- and I say several. Maybe the last six, I think 9 we used. Your husband's jobs have been erratic, and then in 10 between he received unemployment compensation; is that 11 correct? 12 A Yes, it is. 13 Q Do you do most of the -- you work with an 14 accountant -- accountants, right? 15 A Yes. 16 Q Have you maintained the family financial 17 records to a certain degree? 18 A Yes. 19 Q Okay. On that basis, and your knowledge of 20 those tax returns, do you have an approximation of about how 21 much per year your husband has earned without counting -- 22 taxable income not counting the per diems during the last 23 five or six years? 24 A Between thirty and forty thousand. 25 26 1 3 3 . 5 6 7 8 9 10 11 13 13 U 15 16 17 18 19 30 U 32 23 2. 25 ~ ~ (Whereupon, P1eintiff'. Exhibit No.2 we. marked for identification.) BY MS. JACOBSBNI Q I'm going to identify thi. for the reoord a. being a photoooPy made by my.e1f of a page of the rule. of court related to the calculation of .pou.al and child .upport, and I know you might not know that, but are you familiar with thi. piece of paper? Have you evar .een thi. particular piece of paper before? A Ye., I have. Q And I want to a.k you whether or not you participated in filling in .ome of the handwritten number. on thi. .heet? A Ye., I did. Q Okay. Now, thi. indicate. that the total gro.. income per month for your hu.band wa. $2983.00. Did you help caloulate that number? A We took from the federal income tax of la.t year. Q Okay. And how do we get that number? Do you remember? Can you tell the Judge how you got it? A We totaled up the W-2 form., a. well a. the unemployment form., and came up with a number and divided it by 12. Q Okay. And then after that you have an income 27 ~ ,-.., 1 there of about a thoueand dollar. a month -- actually of a ~ thou. and dollar. a month for your.elf? 3 AYe.. 4 a I. that your pre.ent calculation of about 5 what you're earning? 6 A Ye.. It varie. depending on the type. of 7 job. that I have going on. 8 a Okay. Now, the next line indicate. .ome 9 deduction. from that. All right. Do you remember how we 10 calculated the deduction. for your hu.band'. income? 11 A We totaled the taxe. that were paid over the 1~ year '94, and divided by 1~. 13 a Okay. And doe. that include -- to your 14 recollection did that include the .tate, the federal, the 15 local, and did it al.o include hi. expenditure on health 16 care for the family, health care premium.? 17 A I don't recall. I know it wa. .tate, local, 18 and federal taxe., and we also we had calculated in the 19 health in.urance. ~o a Okay. Now, you then converted both .. we n ~~ ~3 ~4 ~5 then used the monthly figures in both in.tance. and referred to the chart on the othsr side of the page? A Correct. a All righ t . Did we then proceed through the calculation. on that basis to come up with .. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "'"" ~ MR. VOKSI Your Konor, I'm going to object to thi.. I think you can taka notioa to what tha guideline. are. THI COURT I Yeah, the numbar. will .peak for them.alve.. MS. JACOBSENI Fine. Then I'd .ay that the number. ware ba.ad on that. BY MS. JACOBSIHI Q In addition doa. it indicate the faot that you have indioated a child oara expen.e of $80.00 a month? AYe.. Q All right. And a oombined .pou.al .upport area .omewhere around line 18 under .pou.al .upport __ MR. VOKSI Same objection, Your Honor. BY MS. JACOBSIHI Q I. that what that $80.00 .tand. for? A Tha $80.00? Q Tha one half of $80.00, the additional $40.00? AYe.. Q Okay. THI COURTI I didn't rule on the objection becau.a it turned out to be a different que.tion. BY MS. JACOBS IN I Q On the basis of tho.e caloulation. and our 29 1 2 3 . 5 6 7 8 9 10 11 12 13 U 15 16 17 18 19 20 21 22 23 2. 25 ~ ~ di.cu..ion of what the law provid.., what i. the .upport that you're a.king for? MR. VOHSI Your Honor -. THB COURT I W.ll, wh.t .he'. ..king h h.rml.... Whether I'm going to gr.nt it or not ... MS. JACOBSEN I Ok.y. THB COURT I I ...um. it'. the numb.r .t the bottom of the p.per, right? MS. JACOBSEN I Which h wh.t? Th.t'. wh.t I w.. going to h.ve h.r -- THB COURTI Ok.y, el.v.n hundr.d and .om.thing, if I r.c.ll? THB WITNESSI $1101.95. THB COURT I Ok.y. All right. BY MS. JACOBSEN. Q Are you .1.0 ..eking .n order for temporary cu.tody of your childr.n? A Y... Q And tho.. .r. the childr.n W.'v. alr.ady identifi.d .11 of the fact.. And th.y h.ve liv.d with you during the cour.. of th.ir life and with th.ir fath.r, .xc.pt wh.n he w.. .b..nt during the la.t five year., i. that correct? AYe.. MR. VOHSI Your Honor _. 30 """" ~ 1 THill COURT. Y... 2 NR. VOHS I You had indicated in chamber. that 3 if, in fact, you find abu.e you're going to enter a cu.tody . order granting her primery physical cu.tody with vi.itation 5 a. agreed. We're .ati.fied with that. We're not going to 6 get into the cu.tody i..ue if you find abu.e. 7 THill COURT. Very well. 8 MS. JACOBSEN. Pine. We have no rea.on then 9 to get into it either at this point, Your Honor. 10 THE COURT. Pine. 11 MS. JACOBSEN. Except to .ay that we would 12 urge that we believe that we have .et forth, and whether or 13 not you find abu.e, that we are a.king that in light of the 1. .tatu. quo, that there be -- that there'. ba.i. for a 15 juri.diction -- a juri.dictional ba.i. for this hearing, 16 then we believe that you .hould be able -- would be able to 17 enter that temporary order. 18 THE COURT. I need .ome authority for that. 19 MS. JACOBSEN I Okay. 20 THill COURT. I can only grant relief in 21 protection from abu.e if I first find abu.e. Other than 22 that the whole thing is moot, but I will ob.erve that .he 23 ha. certainly made out a prime facie ca.e of abu.e under 2. .ection A-5. 25 MS. JACOBSEN. Thank you. 31 1"\ fII'I 1 THB COURTs I think we need then to move to 3 her oro.. examination, and then we'll hear from the 3 re.pondent and I'll deoide, if he dieagree. with her, who to . believe. 5 BY MS. JACOBSBNI 6 Q All right. I gue.. I ju.t have one other 7 point I'd like to a.k her about, which i. with regard to S do you have .ufficient fund. upon which to pay ooun.el for 9 thi. action? 10 A No. 11 Q And are you uking that -- do you reoall 13 whether or not your petition .et. forth a claim for the 13 award of coun.el fee.? U A Ye., it doe.. 15 Q And are you renewing that at thi. time? 16 AYe.. 17 MS. JACOBSBNI Your Honor, .ubject to the 18 right to reoall thi. witne.., depending on Mr. Lemmon. 19 te.timony, I have no further que.tion. of Mr.. Lemmon., and 30 I'll call her father, Mr. Carbine. 31 THB COURTs Well, why don' t I hear from the 33 r..pondent fir.t in the intere.t of time. Do you want to 33 .tep down, ma' am? 3. MR. VORSs Can I oro..-examine her? 35 THE COURT I Well, ye.. 32 ""'" ~ 1 CROSS EXAMINATION 2 BY MR. VOHS, 3 Q Ma'lUIl, early on in your te.timony you _de a . comment. You .aid you weren't afraid of your hu.band. Do 5 you r_Ulber _king that comment? 6 AYe.. It wa. early in our _rriage. 7 Q When did you all of a .udden become afraid of 8 your hu.band? 9 A Thi. pa.t year. 10 Q What month? 11 A July. 12 Q Okay. If I recall your te.timony you .aid 13 he'. never hit you, never .lapped yoU? 1. A That i. cornet. 15 Q But you have hit him or &lapped him? 16 A Ye., I did. 17 Q Ha. he ever threatened to hit you? 18 A Hi. actions indicated he wa. threatening. 19 Q Did he ever threaten, I'm going to hit you? 20 A No. He never said that. 21 Q Did he ever say anything like that? 22 A No. 23 Q Did he ever threaten using word. to cau.e any 2. type of harm to you? 25 A Using words to harm me? 33 1 2 3 . 5 6 7 8 9 10 11 12 13 U 15 16 17 18 19 20 21 22 23 2. 25 ~ --- Q Um-hUIII. AYe.. Q What were they? A Emotional harm. Thi. marriage i. over. I don't love you anymore. I'm going to take the children. I'm going to run you through the court.. Q But he didn't threaten to hurt you phy.ically by word.? A No. Q A And he didn't hurt you phy.ically? Ye., he did. You .aid he never hit you, and he never Q dapped you? A No, he never hit me and he never .lapped me, but he did .hove me. All right. When wa. that? That would have been in July. July of 1995? Q A Q A Q A Q A up on me. Q Ye., sir. Did you call the police? No, sir. Okay. I attempted to dial 911. He hung the phone And then what happened? 3t ~ 1"""\ 1 A And then he calmed down and cried and 2 apologi.ed, and I let it go. 3 4 5 6 7 8 that July incident until, you te.tified, the pre.ent? 9 A He left the marital home in early Augu.t. 10 Q Okay. 11 A And '0 I wa. afraid until that point, ye.. 12 Q And any time between July and Augu.t did you 13 call the police? 14 A No. 15 Q The only time you ever called the police wa. 16 in October? 17 A Ye., air. 18 Q To your knowledge wa. Mr. Lemmon. charged a. 19 a re.ult of your phone call? 20 A No, he wa. not. 21 Q Okay. Wa. there any talk of charging you? 22 A No, there wa. not. 23 (Whereupon, Defendant'. Exhibit No.1 24 wa. marked far identification.) 25 Q Were you afraid of being hurt? A Ye., I wa. atill afraid of being hurt. Q But you didn't call the police? A No. My mia take. Q You continued to be afraid of being hurt from 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 ~ ~ BY MR. VORS, Q I'm going to .how you what'. been marked a. Defendant'. Exhibit 1. Do you reoognize the hand in that photograph? A No. Q You don' t? A No. Q Okay. So if I were to tell you that that hand wa. your hu.band'. and you oau.ed that dama~e to that hand, you would deny that? A I oouldn't tell you if it wa. my hu.band'. hand or not. Q Do you deny doing any damage to your hu.band'. hand? A I don't reoall doing any dama~e to my hu.band'. hand. o You te.tified you worked for two different plaoe.? AYe., .ir. o I wa. under the impre.eion that your petition .aid you were .elf-employed? A Well, I am .elf-employed. I do oontraot work for both of the.e places. o So these are your client.? AYe.. 36 1 3 3 4 5 6 7 8 9 10 11 13 13 14 15 16 17 18 19 30 n 33 33 34 35 "'"" ~ a And I t.k. it you do thi. work on the oomput.r? A Y... a What do you us. on your comput.r to do thi. work? A I u.. Micro.oft Word. I u.. Gold p.ck. I u.. Bxc.l. a I. th.t it? A I u.. Trump.t Wind.ock. I u.. -- wh.t .1.. do I u..? I u.. .11 of the Micro.oft Window. .pplication.. a Th.t'. all? A And I us. the Int.rn.t. a What do you us. the Int.rn.t for for working for C.rol Smith? A B-_Us. a Ok.y. A And r....rch. a Wh.t s.rvic. do you u.. for th.t? A I u.. Epix. a B.for. you us.d Epix wh.t did you u..? A Am.rica on-Lin.. a Ok.y. What do you us. it for B..ccn Pin.ncial Group? A I use it for E-mails and re..arch. a Approximately how many E-mails would you n..d 37 ""'" ~ 1 to reoeive from Carol or Beaoone? 2 A Sometimee they're daily. 3 Q One a day? 4 A One or two a day. We keep traok of 5 .ohedu1ing that way. 6 Q Do you ever u. Amerioa On-Line for anything 7 e1.e? 8 A For plea.ure. 9 Q I. that what your hu.band got up.et about? 10 A Yaah. He got upeet about that too. 11 Q Why? Why would that up.et him? 12 A Baoeu.e of the type. of oonver.ation.. 13 Q What kind of oonver.ation. were you having? 14 A I had .exua1 oonver.ation.. 15 Q With whom? 16 A With other men. 17 Q When did thh begin? 18 A May, April. 19 Q Of thia year? 20 AYe.. 21 Q Did you have oonver.ation. that would oo.t 22 you to the tune of a thou. and dollar.? 23 A Over a six month period? 24 Q Well, per month how muoh would it oo.t you? 25 A Probably the mo.t expan.ive month wae maybe 38 1 2 3 . 5 6 7 8 9 10 11 12 13 1. 15 16 17 18 19 20 21 22 23 2. 25 ~ ~ '300.00. Q I. th.t about .v.r.g.? A No. Av.r.g. for who? Av.r.g. for m. or av.rag. for Q Averag. for you? A At th.t time, no. No, it'. not av.rag. for m.. If you .v.rag. out the bill., no, it'. not anywh.r. n..r av.r.g.. Q And th.t ..rvic. Am.ric. On-Line th.t you w.r. u.ing, that'. wh.t, $2.95 .n hour? Um-hum. T.n dollar. . month and '2.95 an A hour. Q A r....rch. Q So you .p.nt a lot of time on th.r.? Y..h, I w.., but I w.. .1.0 doing a lot of Ok.y. But the.. conv.r..tion. you'd b. having i. wh.t h. would g.t up..t about, right? A H. got up..t about them. Q And th.t'. why you ..y th.t you w.r. afr.id of him, b.cau.. h. got up..t .bout that? A No, that'. not the only thing. h. got up..t about. Q That'. why you ..id h. locked you in the b..em.nt? A Y... 39 A Q A Q ba...ant? A Q A Q A -. t""\ 40 1 2 3 4 5 6 7 8 9 10 11 U 13 14 15 16 17 18 19 20 :iI1 22 23 24 25 Q A Q or the inaid.? A Q A Q A Q A Q b.._.nt? ~ fit. A Y.., h. lock.d m. in the b.....nt. Q I thought you ju.t t..tifi.d you could g.t out of the b...m.nt. W..n't th.r. .noth.r door? A Y..h. I could g.t out.id.. Q Okay. This incident in Octob.r wh.n you Blapp.d him AYe.. Q You ..id you were .fr.id of him .t th.t tim., right? Ok.y. I. th.r. anoth.r door to the b.....nt? Ju.t the out.id. door. So could you lock th.t door from the out.id. Th. inaid.. And you would b. on th.t in.id., right? I wa. inside. So you could open th.t door? So I could get out that door, y... So he didn't lock you in the b.....nt? I couldn't g.t in the hou.. without a k.y. Ny qu..tion w.. he didn't lock you in the AYe.. Q But you hit him? AYe.. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q A Q A the hou.e. Did he hit you back? No. Did he threaten to hit you back? No. He .hoved me out of the way and ran in Q The calculation. that you made on hi. income? AYe.. Q Do you have the financial docum.nt. to back up the.. figure.? A Th. incom. tax .tatement.? Q Y.ah. Do you have tho.e? A My attorney ha. them. Q Do you recall what hi. net income wa.? A It wa. approximately $35,000. Q And this wa. ba.ed on 1994? A Ye.. That include. hi. unemployment. Q ThiR year he'. been unemployed a long time, right? AYe., .ir. Q Do you know what hi. unemployment i.? A Currently? Q Yeah. A No, I do not. I haven't had a conver.ation with him. Q Do you know what it waB before? 42 ~ ~ A Ye.. Q How muoh? A $346.00 a week. Q You .aid you haven't had a conver.ation with him. When wa. the last time you talked to him? A The Saturday that he wa. at the hou.e. The 7th of October. 1 2 3 4 5 6 7 8 Q You .aid on your direct te.timony that you 9 were still afraid of him even to this day? 10 AYe. . 11 Q He ha.n't had any contact with you .ince the 12 7th of October? 13 AYe. . 14 Q He'. never threatened to hit you? He'. never 15 hit you? You have to speak up? 16 A No, he's not hit me. 17 Q And he's never threatened to hit you? 18 A No. 19 Q But you're still afraid? 20 AYe.. 21 Q Do you think this fear come. from .omething 22 maybe in your pa.t? 23 A No, sir. 24 Q Have you ever been in an abusive 25 relation.hip? 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 ~ ~ Q And on that day he didn't hit you? A No, he did not. MR. VOHB. Your Honor, thet'. all I have. MS. JACOBSEN. Ju.t a few que.tion. on redirect. REDIRECT EXAMINATION BY MS. JACOBSEN. Q During the period. of time when your hu.band wa. not employed in hi. nuclear con.ultant work in the pa.t -- AYe.. Q Did he alway. draw full unemploymant or were thare time. when he took other job.? A He alway. took a part-time job. Q What kind of job. did he do? A He'. worked at Toy.-R-U.. He'. worked for Morri.on and Xnud.en. Q What'e Morrison and Xnud.en? A They are an IBM like subcompany, and they .hip IBM part. for computers, et cetera, and he wa. a packing -- he packed the equipment and .hippad the order.. He worked a. a .ecurity guard. He worked for me over the .ummer doing office work. Q And you say he worked for you. Por one of your client.? 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ AYe.. Q And who i. that? A Carol Smith. Q Do you have any knowledge of any rea. on why h. couldn't go out and get a part-time job now if hi. unemploym.~t rate ia too low? A No, I do not. Q Okay. When you Itarted to get involv.d in thi. -- fir.t of all, the $300.00 figure for your on-line computer ..rviee., did that include the money that wa. u.ed during your work time? A Say that again. Q Did that include you u.ed the on-line ..rvic. for work a. well a. for AYe.. Q plealure? A So that money -- that btll, ye., inoluded both. Q That wa. not jUlt $300.00 worth of -- A -- pleasure, no. Q Okay. During the time when you began to have sexual conver.ations or sexual typing, whatever, the conver.ation. on the computer. waB your hUlband -- did that start when your husband was home or had your hu.band been ab.ent? 46 ~ ~ 1 A He'd been ab.ent. 3 Q Did you feel when he wa. ab.ent -- did that 3 have any effect on how you were feeling ..xually or 4 emotionally? 5 A Ye.. I felt -- I didn't have anybody to talk 6 to. He didn't li.ten to me, and there wa. no -- I wa. 7 alone. 8 Q Did you have any change. in your phy.ical 9 appearance during that time? 10 A I've lo.t 60 pound. .ince January. 11 Q Are you .til1 a. active in your America 13 On-Line practice a. you were before you were .eparated from 13 your hu.band? 14 A No, and I haven't had .exual conver.ation. 15 .ince early July. 16 Q Mr. Voh. a.ked you whether or not you ever 17 called the police other than the time in October and the 18 time you attempted in July. Did you ever call anybody el.e 19 for protection? 30 31 33 33 34 35 A My father. Q All right. How about your brother? Did you ever call him? A Ye.. Q Would you .ay you called tham once? A More than once. 47 """ ~ 1 Q Could you give u. a numb.r of tim..? 2 A W.ll. I attempted to l.av. the hou.. on. time 3 to g.t out of a .ituation, and my hu.band took the 4 di.tributor cap off of the van and wouldn.t l.t m. l.av.. 5 On. oth.r time I tried to call them, and h. pull.d the c.ll 6 phon. out of the wall or off the table and pull.d the plug 7 out of the wall .0 that I couldn.t make the call. 8 Q So th.t .ven though you didn.t c.ll the St.t. 9 Polic. you had c.ll.d other source. of h.lp? 10 A Y... 11 MS. JACOBSEN I I have no furth.r qu..tion.. 12 MR. VOHSI Your Honor. bri.fly I ju.t n..d to 13 cl.rify .om. thing.. 14 THE COURT, The law r.quir.. that w. .ch.dul. 15 th... c.... in .ddition to all the other work w. do. .nd 16 within t.n day.. Now. I agr.e that th.t did not h.pp.n in 17 this c.... but I make that ob..rvation b.cau.. implicit in 18 the .t.tut. i.. I believe. a feeling by the l.gi.l.tur. that 19 th... h.aring. mu.t b. at the mo.t .xp.ditiou. typ.. and 20 h.ld in a summary fa.hion where we cut imm.diat.ly to the 21 cha.e. Th.r.'. either abu.e or there i.n't. 22 Now. a.k a couple more qu..tion.. and th.n 23 w.'re going to hear from your client, and if I don't think I 24 n..d to h.ar from anybody .l.e. I'm not he.ring from anybody 25 el.e. 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ MR. VOHS, I hava no further questions, Your Honor. THE COURT, All right. You may step down. MR. VOHS, We call Eric Lammon.. THB COURT, Further, for the record, I make tho.e ob.ervation. not denigrating the i..ue. The i..ue. in thi. ca.e are vitally important, and are going to have to be dealt with .ome day. It involve. support, equitable and property di.tribution, and cu.tody, the mo.t important is.ue. of all, but the i.sue for today i. whether we can d.al with tho.e important i..u.. in the context of thi. particular .tatute. So with that in mind go ah.ad. Whereupon, ERIC A. LBHMONS having been duly .worn, te.tified a. follow., DIRECT EXAMINATION BY MR. VOHS, Q Would you tell the Court your name and your addre..? A Brie Allen Lemmon., 15935 Cedar Ridge Court, Granger, Indiana, 46530. Q You have been married to the plaintiff, Kathleen? A (No audible re.pon.e.) 49 1 3 3 ~ 5 6 7 8 9 10 11 13 13 It 15 16 17 18 19 30 U 33 33 3~ 35 ~ f1'6I o You're married to Kathleen? AYe.. o We're going to juet get right into it here, Brie. What kind of work de you do? A I refuel and repair nuclear power plant.. o It takee you away from the home? A Ye., it doee. o For how long? A couple month. at a time? A A couple month. at a time. One to two month. at a time. During the marriage -- you guy. were married Did you guy. fight? Ye.. Maybe once or twice a year until this o eight year.. A pa.t .\llaer. o Okay. And this pa.t .ummer did you guy. fight a lot more? AYe.. o Were you unemployed? AYe.. o Unemployed in the .en.e that you were waiting to be called? A Ye.. I knew where I wa. going and when I wa. going there .hortly after returning home. o Okay. And you had just come back from where? A Japan. 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ g And when would you be going again? A I knew -- I found out within. I would .ay two week. of returning from Japan. that I would ba heading out to California for training on August 15th. and would be working at Peach Bottom. g You .aid theee argument. came more frequent thi. .ummer? AYe.. g What would you guy. argue over? A I came home. and .uddenly my wife wa. paying more .exual attention to me. and .he wa. more aggre..ive .exually than .he had ever been in the previou. -- in our entire married live.. and I read .ome of her I-mail. and .he had .exually explioit I-mail. and every argument we had dealt with her and cyber .ex on the computer. g When did you learn about thi.? A I learned about the .exual I-mail on the computer approximately May 18th. g How did you learn about it? A I read her I-mail. g Did you confront her about it? A Ye.. I did. She wa. at work. I called her at work and confronted her about it. g And did she continue to do that? AYe.. .he did. She informed me at the time 51 ~ ~ 1 when I confronted her originally that there were only one or 2 two people that .he wa. involved with. Then it became three 3 or four, and eventually worked it'. way up to nine or ten . different individual. that .he wa. involved with or had been 5 involved with. 6 Q Do you know whether .he had any contect with 7 the.e people other than on the computer? 8 A I know for a fact that .he ha. had contact 9 10 11 12 13 1. and .he da.cribed how you both would be up.at. She .aid you 15 never hit her? 16 A No, I never hit her. 17 Q Did you ever threaten to hit her? 18 A I never threatened to hit her. 19 Q She .aid you pu.hed her and you .hoved her 20 out of the way one time .he hit you. Did you do that? 21 A That day .he .. I did not call her -- a. .he 22 .ay., I did not call her a cunt. I called her a computer 23 whore. That i. what I .aid in front of the children. She 2. .lepped me. When I told the children that -- I went back to 25 the hou.e to tell them that daddy waR going to be going wi th at lea.t one of the individuah. Well, no. At lea.t three of the individuah on the computer. Q Other than on the computer? A Other than on a computer. Q Okay. So you guy. would fight about thiB, 52 ~ ~ 1 away, and they would not see him for a long time, at which 2 point .he 81.pped m.. 3 At th.t time I -- she was st.nding .t the 4 door to the g.rags with me. We were basically side by .ide. 5 I entered the hou.e in an attempt to c.11 the police to file 6 . charge of ....u1t ag.inst her, and not knowing the phone 7 number, I w.. looking it up in the phone book, .nd .he 8 ripped the phone book out of my hands, threw it acro.. the 9 kitchen. 10 I then put the phone down, at which point .he 11 grabbed the phon. and started s.ying, I knew I .hou1d h.ve 12 kept my f.ther here. I knew I should h.ve kept my rather 13 here, and .t.rted trying to call her f.ther. I hung the 14 phone up . couple timea. She st.rted throwing elbow. and 15 hit. into my thigh. .nd stomach. 16 I pulled the phone cord out of the w.ll, .nd 17 then .he went to the basement. I pulled the phone cord. out 18 of the w.11 down there, and then she went after the port.b1e 19 phone, and I knew where it was. She went to the bedroom. 20 It was on the piano. I got it. She proceeded -- when we 21 were in the be.ement she started throwing punches at me, and 22 th.t'. how my h.nd got bruised. She actually hit me in the 23 he.d, but bec.use I had my back turned to her she couldn't 24 gee a good shot at my head. 25 Q Did you hit her back? 53 ~ ~ 1 A No, I did not. 2 Q Did you threaten to hit her back? 3 A No, I did not. The thought of hitting her . never entered my mind at that time. Not once. I got the 5 phone, the portable phona, and went out in the garage with 6 her pushing and .hoving at me the whole way .creaming, give 7 me the fucking phone. Give me the fucking phone. And when 8 I got out.ida I threw the phone across the street. That i. 9 the only thing I know that my children saw, wa. me throw the 10 phone across the street. 11 Q She te.tified you threw other thing. at her. 12 A I never thraw anything el.e at her. If I had 13 thrown anything at her I would have hit her. 1. Q Did you aver intend to throw anything at her? 15 Did you ever intend to throw anything at her? 16 A No, I did not. 17 Q I want to show you what'. been marked .. 18 Defendant's Bxhibit Numbar 2. It's in front of you. Or, 19 I'm .orry, Exhibit Number 1. 20 A Tha hand? 21 Q Yeah. What i8 that? 22 A That is my right hand. 23 Q Did you take that picture? 2. A I did not take that picture. Mr. Randy 25 Hastings took that picture. 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q looked like? A Q A Q you? A !'"'I\ ~ I. that a fair d.piction of what your hand Y.., it i.. Wh.n wa. that taken? That wa. taken cn Octob.r 5th, 1995. Wa. that taken on the .am. day that .he hit Ye., it i.. That wa. taken at work. Do you hava any da.ira to mova back into the Q marital homa? A At tha pre..nt tima, no. Q Do you w.nt to ..a it .cld? A Ya., I do. o Your wife'. work, do.. it demand har to b. u.ing an on-line ..rvic.? A No. o But .he u... it for work, do..n't .h.? A Mayb. t.n or fift..n minut.. a d.y. Q And th.t'. ju.t to .xch.ng. I-mail? A Y... MS. JACOBSEN I Objaction. THE COURT I Overrul.d. THE WITNBSSI Wh.n I wa. there that i. wh.t I ..w. Th.re w.. no r....rch for anything in her work with what I .aw. 55 1"-\ ,.. 1 BY MR. VORSl 2 Q She ..id .h. w.. a d.t. .ntry p.rson, right? 3 A Y.. . 4 Q She n.v.r did .ny r....rch for that? 5 A Not th.t I -- I was att.nding .chool so she 6 may h.ve done it while I w.s not home, but ... 7 Q The things that got you ups.t though w.. the 8 computer .ex? 9 A At 9100 at night every night, e.ch .nd .very 10 night she would go down to the basement and log on the 11 computer to eith.r re.d her m.il or engage in convers.tion. 12 I do not know wh.t types of conver.ations .he was eng.ged in 13 all the time, and after so many argum.nts by the time July 14 rolled around she would not have told me the truth about any 15 conversation that w.. going on. I asked to r..d her I-mail. 16 She refu..d to l.t m. re.d it. 17 Q She s.id this .topped, .nd you noticed that 18 the bill. from this on-line service went down. Do you 19 recall that? 20 A Yes. The reason the bills went down i. 21 bec.u.e I pointed out to her that she'd spent a thou..nd 22 doll.rs in three months on America On-tine, .nd at th.t 23 point she beg.n to get on-line, hut get in what i. known a. 24 the free lone while she was waiting. 25 Q And she would do what in there? 56 1 a 3 4 5 6 7 8 9 10 11 1a 13 14 15 16 17 18 19 ao a1 aa a3 24 25 ~ ~ A She would juet wait. She may have al.o performed .ome work. I wae not in the ba.ement becau.e .h. did not want me there. o But while she's in the free zone it'. not co.ting her any money? A That is correct. o She'd just wait for her companion. to contact her? A That is correct, and there were time. when .he would go down and I would go outside around the back and look in the window to see what she wa. doing, and on tho.. occa.ion. -- on only two of tho.e occa.ione wa. .h. actually doing work. All other occa.ion. .he wa. on-lina with har friend.. o Did you ever look her in the ba.ement? A No, I did not. o Did you lock the door to go down to the ba.ement? A Yes, I did. o What did you do before you did that? A The time. that I did it I to..ed her a blanket and pillow. and said, you enjoy your computer .0 much, you can sleep with it. Q To your knowledge are there key. to the hou.e kept in the ba.ement? 57 ~ ~ 1 AYe., there were. 2 Q Did your wife know that? 3 A Apparently from her te.timony .he did not 4 either reoall or .he .ay. that there weren't. They were 5 hanging on a key ring at the top of the .teir.. 6 Q And there'. another door to the ba.ament? 7 A Ye., there i.. 8 Q It lead. to the outdde? 9 A Ye., it doe.. 10 Q And it look. from the in. ide? 11 A Ye., it doe.. 12 Q Briefly about your ohildren. Now that you're 13 in Indiana you're really not in a po.ition to .ee your 14 ohildren too much, are yoU? 15 A No, I am not. 16 Q But you want to? 17 A I would like that very much. 18 Q And you'd like to have .ome phone contact 19 with th_? 20 A Mo.t definitely. 21 Q Okay. Did they ever tall you they were 22 afraid of you? 23 A I a.ked them, ae e matter of ract, on the day 24 that .he hit me, whioh waB Ootober 5th. I had tham in my 25 lap a.king them if they were afraid of daddy. The re.pon.e 58 ~ --- 1 from all three of them wa. no with the exception of my .on. 2 He did .ay he wa. .ometime. a little .cared when I would 3 yell, and not at him, ju.t when I would yell, but he wa. not 4 afraid -- that would be the only time he would be afraid. 5 Q Since then have you hed any contact with your 6 children? 7 A None at all. 8 Q Have you a.ked? 9 A I wa. afraid to attempt to make any contact 10 becau.e of the protection from abu.e order. My 11 interpretation of it wa. that had I tried to make any 12 contact that I would be arre.ted. With my job and the 13 .ecurity that goe. in with thet, I cannot affcrd that kind 14 of damage. 15 Q Did ycu try to .ee your children la.t night? 16 A Ye., I did. 17 Q Were you allowed? 18 A What happened wa. my mother called at 19 approximately 6119 to .ay that we would be in town to .ee 20 the children. She we. informed that Stephanie had a very 21 infectiou. ear infection and .ye infection, and that they 22 would be in touch. 23 Approximately 45 minute. later the phone call 24 wa. returned .aying get in touch with Mi.. Jacob.en or for 25 you to get in touch with Mi.. Jacobsen, which I did, and 59 ~ I'IiIl 1 th.r. were no -- my moth.r .ub..qu.ntly l.ft two phon. 2 m....g.. at the hou... 3 4 5 6 7 8 9 BY MR. VORSa 10 0 I'm going to .how you what'. baen markad a. 11 D.fendant'. Ixhibit 2 and 3. Th..e are .upport calcul.tion. 12 like your wife t..tifi.d to earliar, .nd I r.ally ju.t want 13 to h.v. you ta.tify to your incom. determination. Th. fir.t 14 one, Defan.. Ixhibit Number 2, what'. it .how for your 15 monthly incom.? 16 17 18 19 20 n 22 23 24 0 okay. I want you to look at D.f.n.. Ixhibit 25 Numb.r 3. What'. ycur income in that? 0 No contact h.t night with th.m? A No contact what.o.v.r. 0 But you tri.d? A But I tri.d. Y.., I did. (Wh.r.upon, Def.ndant'. Exhibit. No. 2 and 3 w.r. marked for id.ntification.) A $1900.00. 0 And that'. net? A Oro.. inoom.. 0 Th. way it'. shown on tha .haat though? A Monthly net i. alao $1900.00. 0 How wa. tha t figure arrivad at? A Ba.ad on my payohack .tub. for thb yaar, and ba..d on what I've mad. thu. far thb yaar. 60 ~ ~ 1 A $890.00. 2 Q What h that amount? 3 A That h actually mon than I make in 4 unemployment. 5 Q Ie it more? How much do you make in 6 unemployment? 7 A $207.00 a week. 8 Q $890.00 a month? 9 A Okay. 10 Q Right? 11 A Correct. 12 Q Number 3 i. baeed on juet your unemployment? 13 A Y.., it h. 14 Q And number 2 i. ba.ad on what you've actually 15 made year-to-date? 16 A Y", 17 Q After the taxa. have been takan out? 18 A Y... 19 Q Did you deduot anything el.e other than the 20 taxe.? 21 A No. 22 Q Your wife'. incoma, .he'. .alf-employad. Do 23 you know how .ha caloulated her inoome? 24 A How .he oalculated her income? 25 Q Um-hum. 61 ~ " 1 A I do not know other than ba.ed on what .he 2 get. paid when .he get. paid. 3 Q Ha. .he ever indicated to you that .he 4 anticipate. expen.ing the Amerioan On-Line bill.? 5 A Ye., she ha.. 6 Q And that, again, wa. about $300.00 a month 7 for n 8 A Three to four hundred dollar. a month, ye.. 9 Q And that wa. for cyber .ex? 10 MS. JACOBSBNI Objection. He indicated that 11 wa. only for part of the cyber .ex. 12 THB COURTI We need to know exactly what it 13 w.. for. 14 BY MR. VOHSI 15 Q You .aid from 9100 to 2100 in the morning 16 every night? 17 A And for the fir.t few week. then efter 18 numerous argument. we negotiated to midnight, which promptly 19 we. violated repeetedly becau.e .he wa. never off line by 20 midnight. I won't .ay never. She we. rarely off line by 21 midnight. 22 Q Are you willing to .ubmit to the Domestic 23 Relations juri.diotion for child support? 24 A What do.. that mean? 25 Q Are you willing to pay ohild .upport through 62 ~ --- 1 Cumberland County for your children? 2 A Ye., I am. 3 Q Are you willing to have that .et according to 4 the guideline.? 5 AYe. . 6 Q You're willing to either have me repre.ent 7 you or you come baok for a conference per.onally? 8 AYe.. My job may not allow me to be pre.ent. 9 Q I under.tand. 10 A I would rather be pre.ent, if I could. 11 Q Until that happen., until we can figure out 12 how much you make, how much she make., how much the child 13 care i., how much are you willing to pay your wife monthly 14 in .upport? 15 A If I have to maintain paying the mortgage and 16 the health in.urance on her and the children and my.elf, 17 that iB more than I make in unemployment. 18 Q How much is the mortgage? 19 A $855.00. 20 Q And you've been paying that the pe.t three 21 month.? 22 A Ye., I have. 23 Q She ha.n't helped you? 24 A She stopped paying the mortgage. She .topped 25 paying any bill in my name. 63 1 2 3 . 5 6 7 8 9 10 11 12 13 U 15 16 17 18 19 20 21 22 23 2. 25 f'III\ "" o And you provide medical in.urance for the childr.n and for her? A Ye., I do. o And how much is that? A $35..15. o $354.00? A And 15 cents. a A month? AYe.. o So you're ahel1ing out ovar $1.00.00 a month right now? AYe.. o And you make 890? A Ye.. So I'm running at a 10... MR. VOHSl Okay. That's all I have, Your Honor. CROSS EXAMINATION BY MS. JACOBSBN. o Mr. Lemmon., you said when you cam. home .ometime during the spring or whenever, your wife wa. mora amorous than she had been, sexually amorcu.? A She had never instigated sex with me with the exception of on our honeymoon once. o All right. So she -- A In eight years of marriage. 64 ~ ,.... 1 Q Okay. But she was now more amorou.? 2 AYe. . 3 Q To your knowledge did she have any actual 4 .exual contact with any other individual. except via a S telephone line connection? 6 A She denies having any sexual contact. 7 Q Do you have any rea.on to beliave or any 8 A I have no rea.on to believe anything .he 9 tell. me at the pre.ent time. 10 Q Do you have any information that lead. you to 11 believe that -- or any evidence that .he -- 12 A Other than the phone bill. and the fact that 13 .he'. ca11ad hotel., no. 14 Q Okay. Did you ever read a dirty book or a lS pornographic bcok in your life? 16 A Have I ever read 17 MR. VOHSI Objection, relevance. 18 MS. JACOBSEN I Well, it'. relevant becau.e I 19 think it goes to what the nature is of hi. concern about 20 what hi. wife did. 21 THE COURT I Is there some Bort of condonation 22 defense? Is that the idea? 23 MS. JACOBSEN I I think it is sort of a 24 condonation defense, Your Honor. 2S THE COURT I Well, don' t belabor it. 6S ~ ~ 1 MS. JACOBSEN. I won't belabor it, 2 if you'll give me about two or three more que.tion. along 3 thi. line. 4 THB WITNESSI Have I ever read like .ay 5 Penthouee form or .omething like that? Ye., I have. 6 BY MR. JACOBSEN I 7 Q Okay. 8 A But-- 9 Q I ju.t want to 10 A Would you like to know whan that wa.? loan 11 tell you the year. 12 THB COURT. I'd be .ort of intere.ted. What 13 year wa. it? 14 THB WITNESS. The la.t year I read a 15 Penthou.e form wa. 1985. 16 MS. JACOBSEN. Okay. 17 THB WITNESS. Before I wa. married. 18 BY MS. JACOBSIN. 19 Q Did you over engage in or participate with 20 your wife in having .exual conver.ation. on the Internet? 21 A You mean did I ever write her ..xual B-mail, 22 ye., I did. 23 Q Did you ever write it to anybody el.e? 24 A One time. 25 Q Okay. So you did do it to? 66 """ 11I\ 1 A Ju.t to .aa what it wa. lika. I did not 2 anjoy it. It gava ma no plaaaura. 3 Q It didn't give you plaa.ura? 4 A Not with her. 5 Q But it seemed to give your wife plea.ure? 6 A It did give her plea.ura. 7 Q Did you ask her to reduce her time? 8 A Ye., I did. 9 Q And did there come a point when .he, in ract, 10 did reduce it, maybe not a. much a. you wanted her to. 11 A She effectively reduced the time that .he wa. 12 on the computer after midnight. What .he did during the day 13 when I wa. not homa when I was going to .chool, I have no 14 idea. 15 Q Wa. .he evar on line on the weakend? 16 AYe., .he was. Every Sunday morning, and near 17 the end any time. 18 Q Okay. 19 A She actually engaged in on-lina .ex on a 20 Sunday morning in front of the children. 21 Q Your chil.dren were reading what .he wa. 22 writing? 23 A They would look at the computer. They 24 cannot.- to the be.t of my knowledge the only one that can 25 read is Chad. Whether he would understand what wa. going 67 ~ ~ lon, I don't know. I brought th.m out of the b.....nt .t 2 that tim.. 3 Q Did you .v.r us. the on-line ..rvio.. a.id. 4 from this .t l...t on. time that you aoknowl.dg.d wh.n you 5 wrote h.r B-mail? Did you .v.r u.. the on-line ..rvio..? 6 A I u..d the r....roh s.rvio.. to find out 7 where I oould find a sohool for nuolear m.dio.l teohnology. 8 Q Uh-huh. 9 A And I did oooasionally .nter the oh.t room. 10 .nd .ng.g. in ju.t r.gular bant.r. 11 Q But not -- it wa.n't ..xu.l? 12 A No, it w.. not. 13 Q It w.. just oonvers.tion.. Ok.y. B.fore 14 your wife .topp.d p.ying the mortg.ge, all right? You .aid 15 .he stopp.d p.ying it. B.for. that wh.t u.ed to happ.n to 16 your p.yoh.ok. wh.n you w.r. away? 17 A My payoh.ok was dir.ot d.po.it.d in a joint 18 .ocount. 19 Q And so wh.n she paid the mortg.ge, .he 20 u.ed -- it was b.oause you were basioally .upporting the 21 family by ..nding your payoheoks until she -- wh.n you .aid 22 .he p.id it, sh. r.ally was paying it with the .upport th.t 23 you were providing to the family? 24 A Whftn she was working until July she h.d b.en 25 putting her mon.y in the joint acoount also. Som.tim. in 68 ~ -- 1 the middle -- in the beginning or the middle of July .he no 2 longer contributed any money to the joint hou.ehold income. 3 Q Did .he pay .ome of the hou.ehold bill. with 4 another account? 5 6 7 8 9 10 11 Q Did you know whether or not bill. -- other 12 bill., any other bill. were being paid? 13 A I received a $500.00 electric bill, a $500.00 14 phone bill, the water bill, the .ewage bill, ell unpaid from 15 July, Augu.t, and September. 16 Q Do you know whether or not -- you have quite 17 a few credit card. with your wife, i. that right? 18 A No. We have one joint credit card account. 19 Q Okay. 20 A All the other credit card. were credit card. 21 that were preapproved for her that uhe u.ed my financial 22 information to obtain. 23 Q Okay. 24 A I did not sign any joint account information. 25 Q Did she ever buy items on tho.e account. A Say again. Q To your knowledge or to your recollection, hn' t it true that she u.ed her own account, her .eparate account to pay .ome of the hou.ehold bill.? A No. I did not know .he had a .eparate account until I wa. home on the 7th of October. 69 ~ ~ 1 for -- were tho.e account. u.ed -- tho.e credit card. ever 2 u.ed for hou.ehold or family good.? 3 A At .ome tim.. they would be. If we were ~ .hort on money we would ca.h advance them. 5 Q Okay. So you wouldn't know whether .he wa. 6 paying tho.e bill. out of her own .eparate account? 7 A No, I would not. 8 Q Who'. Randy Ha.ting.? 9 A He'. a quality control individual working for 10 TADS, which i. a -- al.o kind of like what I do for Oeneral 11 .lectric. 12 Q Two other que.tion. in term. of your 13 children. When you .eid that you took tham in your lap the 1~ day you were going to leave and .aid that daddy'. going to 15 be going away 16 A No, that'. not what I .aid. 17 Q I'm .orry if I paraphra.ed you. 18 A I wa. in the garage at the time when I told 19 tham daddy will be going away for a long time. You won't 20 .ee daddy for a long time, and that i. when .he .lapped me. 21 Q That wa. before thi. whole incid.nt with the 22 police that ended up with the calling of the police? 23 A I did not know the polioe were called. 2~ Q Okay. Did the ohildren follow you throughout 25 the hou.e? You eaid they .aw you throw the phone acro.. the 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f'I'\ ~ .tr..t. A th. ba._.nt. did not. I do not know if the childr.n follow.d u. to If th.y did, I don't -- I would .ay no, th.y Q A Do you rememb.r? I don't r.memb.r pa..ing th_ to get beck up.tair.. Q Do you have any knowledge .bout your wife u.ing the on-line ..rvice. to r....rch mutu.l fund. for her cli.nt.? A No. Q Ok.y. So if th.t wa. part of the tim., you wouldn't have been aw.ra of it? A No. Q Ok.y. Did your wife .gree th.t you could drop the h..lth in.ur.nce on h.r if it m..nt .he could -- that .h. would r.th.r have the money for .upport .nd t.k. th. rhk? A No. I have not h.d .ny cont.ct with my wife .ince October 7th, 1995. Q Did you sp..k to your wife this morning? A No, I did not. Q Were you in . room? A I wa. in . room with her. I did not .pe.k to her. 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ a Were you in a room during which you .poke to your attorney. I .pok. to your attorn.y. MR. VOHSI Your Honor, I'm going to object. BY MS. JACOBSIHI a I'm not talking about the t.~. of it. I'm ju.t .aying to you that if your wife wa. willing to .ay you don't have to pay the -- wh.th.r you in term. of whether or not you w.r. made awar. that sh. would rath.r have the incom. to pay the bills and take a risk for not having h.alth in.urance? A I would .till b. h.ld r..pon.ible for anything, any health bill. that my childr.n have. I will not n.gat. h.alth in.urance. a I didn't .ay your children. I .aid her. Por your wif.. Did your wife off.r to take on her own re.pon.ibility for health in.urance? A No, she did not, to the be.t of my knowledge. a Okay. A I do have a low fr.qu.ncy n.uro.en.ory h.aring 10.. .0 if th.r.'. mumbling or a .igh going on I .om.tim.. mi.. thing.. a I .... So maybe you didn't hear part of our conver.ation? A That i. correct. a I ..e. 72 ~ '" 1 A So if .h. .gr..d to it, I did not h.ar it. 3 Q Ar. th.r. other -- did you h..r your wife 3 .ugg..t that you g.t rid of the mortg.g. by h.nding the . hou.. ov.r for 5 A Y.., I did. 6 Q So th.t .he could -- .0 th.t you would have 7 more mon.y to p.y for 8upport? 8 A I did h.ar th.t. 9 MS. JACOBSEN I Ok.y. I have no further 10 que.tion.. 11 THE COURT I Any r.dir.ct? 13 MR. VORSI No, Your Ronor. 13 THB COURT I Th.nk you. You o.n .t.p down. 1. (Wh.r.upon, the t..timony conc1ud.d.) 15 (Wh.r.upon, c10.ing ergWll.nt. w.r. pr...nt.d 16 by .aoh ooun..1.) 17 (Wh.r.upon, the following Ord.r of Court w.. 18 .nt.r.dl) 19 AND NOW, thi8 29th day of Novemb.r, 1995, 20 aft.r h.aring, the Court finding n.ith.r abu.. nor the n.ed 21 to bring out it. o....tion, the within motion for prot.otiv. 23 ord.r i. d.ni.d. 23 (Wh.reupon, the Ord.r of Court conc1ud.d, .nd 2. the proceeding. concluded et 3105 p.m.) 25 73