Cross v. Cross

5 Pa. D. & C.5th 12
CourtPennsylvania Court of Common Pleas, Berks County
DecidedAugust 14, 2008
Docketno. 07-13227
StatusPublished

This text of 5 Pa. D. & C.5th 12 (Cross v. Cross) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cross v. Cross, 5 Pa. D. & C.5th 12 (Pa. Super. Ct. 2008).

Opinion

LASH, J.,

This court held a child custody trial on July 1, and August 8, 2008. We make the following findings:

I. FINDINGS OF FACT

(1) Plaintiff, Scott Cross (Father), is an adult individual who resides in Mount Aetna, Berks County, Pennsylvania 19544, in the Tulpehocken School District.

(2) Defendant, Debora Cross (Mother), is an adult individual who currently resides at 126 37th Street NE, [13]*13Cedar Rapids, Iowa, within the Cedar Rapids School District.

(3) The parties are the natural parents of five children: Elisha Cross, bom December 13, 1992, Abigail Cross, bom November 16,1994, Montgomery Scott Cross, bom October 7, 1996, Marissa Cross, bom August 14, 1998, and Annika Cross, bom September 8,2000, (minor children).

(4) The parties were married in 1991, residing together until their separation in August 2007.

(5) From 1996 through the parties’ separation in 2007, the parties resided in the marital residence, which is now Father’s residence in Mount Aetna, except for a one and one-half year period in 1999 and 2000 when the parties resided in California.

(6) There is currently a divorce action pending in Berks County Court, filed by Father.

(7) Mother is also the parent of two adult children from her first marriage, James Cleland and Vana Goddard, both of whom resided with the parties for a period of time.

(8) Father is currently employed at R R Games in Birdsboro, Pennsylvania 19508, having been employed full-time until recently when he was placed on partial layoff, now working Tuesdays and Thursdays. As a result, he has supplemented his income through independent contracts with other companies, including Shay’s Vending in Lebanon in Pennsylvania and Keysource Technologies in Kutztown, Pennsylvania.

(9) With the exception of some minor jobs, Mother has been employed as a homemaker.

[14]*14(10) The parties’ marriage quickly deteriorated and ultimately broke down after the parties engaged in a practice called “polyamory”, commonly known as wife swapping, in which the parties and another couple, named the Pimlotts, who reside in Iowa, convened at the marital residence and engaged in consensual sexual acts with each other.

(11) The parties met the Pimlotts on the internet. While it is unclear which of the parties initiated the contact, both parties agreed to participate and did participate.

(12) After engaging in the group sex, Mother and Jason Pimlott formed a bond.

(13) The parties and the Pimlotts discussed the parties moving to Iowa to cohabit at the Pimlotts’ residence. However, Father and Mrs. Pimlott apparently did not bond, so the suggestion was then made to have Father reside in a separate residence near the Pimlott residence while Mother would reside with the Pimlotts.

(14) The proposed arrangement would include the parties’ children residing in the Pimlotts’ residence, as well as the Pimlotts’ two children, ages 6 and 4.

(15) Father declined to move to Iowa. Mother then chose to move to Iowa without Father and did so on August 18, 2007.

(16) When Mother moved to Iowa, she took the minor children, Abigail and Annika. Apparently, the parties had offered the children the option on whether they would move to Iowa or stay in Pennsylvania. Elisha, Scotty and Marissa chose to stay in Pennsylvania, Abigail chose to move to Iowa, and Annika did not choose and ultimately moved with Mother.

[15]*15(17) The aforesaid custody arrangement remained in place until December 30, 2007, when Mother returned to Pennsylvania and retrieved the other three children, moving to Iowa to reside with her other two children and the Pimlott family.

(18) Since December 30,2007, all five children have resided with Mother in Iowa, except for a short period during the spring break, when the children returned to Berks County to visit with Father. Additionally, the parties agreed that Elisha and Scotty would spend the entire summer of 2008 with Father, and Abigail, Marissa and Annika would reside with Father from July 1, 2008 until the end of the summer.

(19) Currently, Mother resides with her paramour, Jason Pimlott, the five minor children, the Pimlott children, Joseph, born September 26,2001, and Caleb, born October 23, 2003. Jason Pimlott’s wife, Jaime, also resides in the house, however, Mr. and Mrs. Pimlott currently maintain no relationship as husband and wife. Mrs. Pimlott remains in the home for financial reasons only.

(20) Father currently resides in the marital residence, residing alone when the subject minor children are not also present.

II. DISCUSSION

The issue is primary physical custody. In making disposition, this court considered the testimony of the parties, an in camera conference with three of the minor children, Elisha, Abigail, and Montgomery or “Scotty”, testimony from Mother’s other children, James Cleland and Yana Goddard, Mother’s paramour, Jason M. Pimlott, [16]*16a home assessment with an update of the marital residence conducted by Open Door International Inc., the custody questionnaires submitted by the parlies at the court’s direction, and the exhibits submitted.

Father presented first. He advised the court that he believes he is a good parent to the minor children. He is active with them in computer activities and playing board games. He is quite involved in the day-to-day maintenance of the minor children, as well as committed to working on the marital residence, which was bought several years ago and is a “fixer upper.” If Father retains custody, the minor children’s continuity and stability would be preserved, as they would continue to live in the marital residence, and have the same friendships.

In discussing Mother, Father wonders why she moved to Iowa. He believes she is being used as a housekeeper and a “nanny” for the Pimlott children. While he initially concedes that he was willing to move to Iowa with his wife and the Pimlotts, the other three adults were cool to the concept, as Father and Mrs. Pimlott did not “hit it off.” The plan was to have Father residing in a separate residence somewhere nearby the Pimlott residence while Mother would reside with the Pimlotts.

Father questioned some of Mother’s parenting skills. He believes she is too lenient with the minor children, that his method of discipline is much more appropriate. He questioned her commitment to the day-to-day care-taking responsibilities, including homemaking, food preparation, cleaning and the like. The care of the marital house was substandard. Father agrees that he shares in this responsibility, but also states that he had to work [17]*17at his employment, and do the renovation work at the house and did not have time for the day-to-day cleanup.

Mother provided a very different perspective. She states that the house was livable when she was there, as she did provide the necessary housekeeping. She also homeschooled the minor children, which took up a great deal of time. On the other hand, Father was inattentive to the needs of the minor children or the needs of the house, preferring to remain on his computer for long periods of time. Mother also had serious concerns about Father’s driving ability, as he has been involved in several serious accidents.

Mother believes her new home is far superior.

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Cite This Page — Counsel Stack

Bluebook (online)
5 Pa. D. & C.5th 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-cross-pactcomplberks-2008.