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NDEX TO WITNESSES
FOR THE RESPONDENTS
Janiece C. Andrews, M.D. 4
Geri Rigg 12
Heather Rigg 33
Cindy Rigg 42
Mark Houck 60
Virginia Migrala 63
FOR THE PETITIONER
Kristen Schillawski 70
INDEX TO EXHIBITS
FOR THE RESPONDENTS
Ex. No. 1 - April 17, 2009
letter from Janiece C. Andrews, M.D
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THE COURT: The record can reflect that we
met in chambers and discussed various procedural aspects of
this case and probably came up with more questions than
answers. But I think we are agreed that in any event that
it is necessary to make a factual record. About that much
we can agree, right?
MS. DILS: Yes, sir.
THE COURT: Go ahead.
MS. DILS: May it please the Court, Your
Honor, on behalf of Cindy Rigg and Mark Houck, even though
we are the respondents, it was also agreed in chambers that
at this time we would call out of order Dr. Janiece Andrews,
who is the child and adolescent psychiatrist involved with
the Masonic Homes, which is the current residence of the
minor child of the faction. And she will testify by
telephonic testimony.
THE COURT: Okay.
MS. DILS: For the record there is also a
stipulation as to Dr. Andrews' being an expert, qualified as
an expert, in the field of psychiatry. Correct?
MS. ROSKO: Yes.
(Whereupon, Dr. Andrews' testimony
was given telephonically.)
MS. DILS: Hi, Dr. Andrews.
DR. ANDREWS: Yes.
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MS. DILS: This is Diane Dils calling, and we
are in court in the Court of Common Pleas of Cumberland
County before His Honor, Kevin A. Hess, and I am calling you
to testify. Can you hear me, Dr. Andrews?
DR. ANDREWS: Yes, I can.
Whereupon, JANIECE C. ANDREWS, M.D., having
been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. DILS:
Q For the record, and just to let you know,
there has been a stipulation that you will be qualified as
an expert in the field of psychiatry.
A I will be qualified as what, I am sorry?
Q An expert in the field of psychiatry.
A Yes.
Q And would you state your full name, please.
A Janiece Christine Andrews.
Q And would you spell your first name.
A J-a-n-i-e-c-e.
Q And, Dr. Andrews, you are a child and
adolescent psychiatrist?
A Yes.
Q And what is your involvement with the Masonic
Homes?
A I am their psychiatric consultant.
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Q And how long have you been involved with the
2 Masonic Homes?
3 A Oh boy, well, it was -- I really should know
4 that, it was in the '90's.
5 Q Okay. That's fine. Dr. Andrews, have you
6 had an oppor tunity to meet with Jordan Schillawski?
7 A Yes, I have.
8 Q And for the record, Jordan's date of birth is
9 February 7th of 2001. Dr. Andrews, you had prepared a
10 letter dated April 17th of 2009 that I am submitting to the
11 court as an exhibit. I have provided a copy to counsel.
12 Can you conf irm that you in fact did prepare a three page
13 letter dated April 17th of 2009?
14 (Whereupon, Respondent's Exhibit No. 1
15 was marked for identification.)
16 A Yes. I confirm that.
17 Q And it was directed to Ms. Julie M. Cooper,
18 correct?
19 A Yes.
20 Q Thank you. When did you first meet with
21. Jordan Schil lawski?
22 A On March 12th.
23 Q Of this year?
24 A I am sorry, 2009.
25 Q And did you performed a psychiatric
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evaluation on Jordan?
A Yes, I did.
Q And what testing did that involve?
A That involved an interview. We have a
certain set of questions and a structure to follow to
constitute a psychiatric eval.
Q And is that something that is standard
practice and procedure when a child is residing at the
Masonic Homes?
A Yes, it is.
Q Can you tell us what you learned of Jordan as
a result of the testing that you went through?
A I learned that he was small for his age but
very, very wise. And he seemed older in terms of the
language that he used and in terms of how he expressed
himself. He also came through as evasive and gave a very
clear indication of where questions were troubling for him.
And they were simple questions. It had to do with his past,
where he came from and where he had lived, or who he knew or
who his relatives were. He was not comfortable with those
questions. And he would demonstrate that by his body
language with a lot of wriggling and frowning. And then on
more than one occasion he would say, I am just a kid, I
can't remember that. And he may give the name of Ms. Rigg
and his sweet name for her. And he would say ask someone
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else.
So I saw that he was evasive and that there
were certain issues that he was quite sensitive to, and he
just could not answer them. And I don't push because that
would have hurt him, you know, it would have disturbed him,
so I didn't do that. I learned that he is very bright and
has an adequate -- more than adequate vocabulary. I think I
said that. And that he will direct you to where he wants to
go in the conversation. So I might have had a direction,
but he will change it. For example, he wanted to distract
me with magic tricks from the process. But he had been in
the process for about twenty minutes, so that was
appropriate for a distraction, but that's how he did it. He
wanted to entertain me.
And so that was his way of getting away frortl
the hard stuff. So I saw that he had that as a coping
mechanism. Avoidance was a mechanism. And this was also
brought in, distraction. What else did I learn? Well,
those were -- basically were the things that I noted with
his coping mechanisms. He did not quarrel with me or argue
with me because I didn't give him an opportunity to do that.
Q Were his responses age appropriate?
A Well, they were age appropriate because, you
know, he was doing it, but I just thought that he seemed to
be older. He seemed to have -- he seemed to be like older.
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He knew more than someone eight. And the way he expressed
2 himself was not the usual way. And I can't give you an
? example of that. I just know that I was impressed that I
4 thought he had been around old people -- older people, not
5 my age, but older people, like adults. He had been around
6 adults.
7 Q Are you aware of Jordan's current educational
8 abilities, where he stands in terms of his education and his
9 age?
10 A Well, I thought that he was doing well in
11 school and was very capable. But he also does this
12 quarrelling, disagreeing thing. But let me just make sure.
13 He does well with his grades and his academics, but I didn't
14 have any measurement, you know, that would say like
15 educational testing that would show whether his IQ --
16 whether he was advanced or anything like that. But I did
17 get my report around his school performance that he was
18 doing well.
19 Q Did Jordan ever comment regarding his mother
2U during your psychiatric evaluation?
21 A No. No. He did not.
22 Q What about his father, did he comment on his
23 father?
24 A No. He did not.
25 Q Is there any adult that he did comment on
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. during the evaluation sort of in terms of a parent or a
2 grandparent relationship?
3 A Yes, he did. I did write down that he had a
4 sweet name for Mrs. Rigg. And so he did refer to her about
5 twice in the context of what I was asking, like having fun,
6 what would he do like on weekends, or did he ever go away.
7 But it was only like in something pleasant.
8 Q And would you have cause, as the psychiatrist
9 for Masonic Homes, would you have cause to be involved with
10 any family members or any person responsible for the child?
11 A No.
12 Q Have you in fact had any contact with Cindy
13 Rigg?
14 A Not since this child has been there, no, no,
15 because that's not -- they have their own behavioral, you
16 know, they have their own individuals there, the clinical
17 social workers and the clinicians. They have them on staff,
18 you know, so it hasn't come up.
19 Q Did you come up with any diagnosis as a
20 result of the psychiatric evaluation?
21 A Well, the concerns were about the lying and
22 arguing behavior. And then, of course, those were the
23 concerns. He does still bed wet, but that's not a critical
24 issue. And so what I saw that as was an adjustment
25 condition, where you have to use the word disorder, so an
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adjustment disorder with a mixed disturbance of conduct and
2 emotions. And I put it down as chronic, because it has been
3 ongoing. It is after six months it becomes chronic.
4 Q But he hasn't been diagnosed with any of the
5 -- what's almost becoming a normal diagnosis for children,
6 ADD or ADHD or any behavioral problems, would that be fair
7 to say?
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A That would be fair to say.
Q And how has Jordan molded with the
environment of the Mason Homes and the children there?
A Well, he thinks that he has plenty of friends
there. He thinks that no one bullies him. I am just saying
what he says, that he does not bully anyone. He did admit
that he gets off track. And then he reported that he was on
a level three, and that meant that he had lost privileges
because of what he had done. But he was working on, you
know, correcting that. So that he could then get the
privilege back. Now, I don't know what the privilege was,
but I know that that was a standard consequence for
something that he had done. But he shared that willingly
about his experience there.
Q And based on your psychiatric evaluation, do
you believe that it is best for Jordan to remain at Masonic
Homes?
A Oh, yes, I do. Yes. He was not incongruent
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at all about liking his environment, liking school. He was
2 not incongruent at all. He was very straight with that.
3 Q And I don't know if there was any discussion,
4 but did Jordan comment at all about his every other weekend
5 trips home?
6 A No.
7 Q Okay.
8 A Well, he did tell me that he had -- what he
9 liked about there, because I would ask what did he like
10 about what he does when he goes home on weekends, and he has
11 all of these friends, these friends and these children,
12 that, you know, of his mee-maw.
13 Q That would be Cindy Rigg, the grandchildren,
14 to the best of your knowledge, if you know?
15 A Yes. I do know. That's what he was
16 referring to.
17 MS. DILS: Dr. Andrews, I have no further
18 questions for you, however, of course, opposing counsel may
19 cross at this time.
20 MS. ROSKO: We have no questions at this
21 time.
22 MS. DILS: Your Honor.
23 THE COURT: Go ahead. You can ring off.
24 MS. DILS: Dr. Andrews, thank you very much.
25 There are no additional questions for you.
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THE WITNESS: All right. Well, thank you,
you are welcome.
MS. DILS: I believe there is a stipulation
to move for the admission of the letter at this time so the
court may review it during the proceeding.
THE COURT: We will make it part of the
record.
MS. DILS: Your Honor, we are prepared to
continue our side of the case. I don't know if you want the
petitioners to go first.
THE COURT: Go ahead.
MS. DILS: I call Geri Rigg.
THE COURT: Unless you have an objection to
proceeding in any particular fashion?
MS. ROSKO: No.
MS. DILS: Geri Rigg.
Whereupon, GERI RIGG, having been duly
sworn, testified as follows:
DIRECT EXAMINATION
BY MS. DILS:
Q Would you state your name, please.
A Geri Rigg, G-e-r-i, R-i-g-g.
Q What is your current address, Geri?
A 2243 South Market Street, Mechanicsburg, Pa.,
17055.
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. Q And what is your current marital status?
2 A Separated.
3 Q And how many children do you have?
4 A Two.
5 Q Their first names and ages?
E A My daughter Cody is twelve, and my son
7 Nicholas is ten.
8 Q And you reside alone with your children,
9 correct?
1G A Yes.
11 Q What is your occupation?
12 A I am a truck driver.
13 Q And who are you employed with?
14 A Jacobson.
15 Q And explain for the court the truck driving,
16 is it over-the-road or is it daily and are you home every
17 night?
18 A I am a local truck driver. I am home every
19 night.
20 Q And those hours could vary, is that correct?
21 A Yes.
22 Q Now, Geri, you are aware we are here today in
23 connection with a petition to revoke your mother and
24 step-father actually as guardian, you are aware of that?
25 A Yes.
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Q However, you first became involved with
2 Jordan t hrough his father, is that correct?
3 A Yes.
4 Q And Jordan's father's name is...
5 A Richard Schillawski.
6 Q When did you first have contact with Jordan's
7 father?
8 A The end of 2007.
g Q And how did you meet Jordan's father?
10 A My Space.
11 Q And when did you have a first physical
12 meeting with h im?
13 A Probably the end of the summer in 2007.
14 Q And did you meet Jordan at that time?
15 A No.
16 Q How long did you have that physical meeting
17 for the first time with Mr. Schillawski?
18 A It was only for about ten minutes.
19 Q And then the next time you met with him?
20 A The day I ended up getting Jordan, which was
21 January 24th, 2008.
22 Q Describe your relationship with Mr.
23 Schillawski, was that a romantic relationship?
24 A No. It was just an acquaintance I met one
25 time in person. That was it.
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Q And you would chit chat over the Internet,
would that be fair to say?
A After we met, you know, we text messaged and
stuff every now and then, but that was it.
Q You just testified January 24th of 2008 is
when you were given Jordan?
A Yes.
Q How did that occur?
A I got a phone call from Rich saying that he
was back in Pennsylvania. And he said that he might go out
with me and my friends later on that night. He said he
would call me back. Later on he called me back, he said, I
think I am by your house. I broke down. Can you come
jump-start my car. So I went up the street to where he was
and couldn't do anything with the car. And --
Q Was Jordan there at the time when you arrived
at the broken-down vehicle?
A Yes. I put him in my truck right away with
the heat on.
Q Jordan?
A Yes.
Q Okay.
A And he couldn't get his car started. And the
police officers showed up while he was waiting for the tow
truck. And he ended up being arrested. He had a warrant
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and asked me to take Jordan and keep him until his roommate
2 got off of w ork.
3 Q And had you ever met Jordan at that time?
4 A No. That was the first time.
5 Q what condition was Jordan in?
6 A He was starving. He was dirty. His hair was
7 all matted. He just wasn't -- hygiene-wise he wasn't well
8 kept.
9 Q How did you and Jordan -- I mean, you were
1C sort of thro wn at each other, how did the two of you get
11 along at tha t instance?
12 A Actually very well. I brought my puppy with
13 me. And he was in the backseat playing with the puppy. And
14 we started t alking, and he was smiling and having a good
15 time.
16 Q So his father was taken away in handcuffs by
17 the police?
18 A Yes.
19 Q And you were left with Jordan?
20 A Yes.
21 Q And where did you go with Jordan at that
22. time?
23 A I went to my mother's.
24 Q And that's Cindy Rigg, correct?
25 A Correct.
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Q I don't think I asked you your relationship
to Cindy. And what happened then?
A The first thing we did was fed Jordan, which
he ate a lot. He was starving. And I was waiting for
Rich's roommate to get off work, which wasn't until 11:00,
so I had an hour. I was talking to my mother about what
happened. And around 11:00, when she was supposed to get
off work, Rich's roommate was supposed to get off work, I
started trying to get ahold of her. And once I got ahold of
her, I realized that I was going to end up having to keep
Jordan. So we then went to Upper Allen Police Department so
I could try and figure out where Rich was. And nobody there
knew. So then we left and went home to my house.
Q And do you know how long the father was in
custody?
A Off the top, I might not have it exactly, it
was a few days.
Q And you had Jordan the whole time?
A Yes.
Q And what did you do for Jordan at that time?
A The first thing we had Rich sign a temporary
custody order until he got out of jail. I got him ready for
school. I took him shopping to get clothes, because he had
nothing at all. I went to the school, talked to them,
explained to them what was going on, changed his physical
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address so the bus would pick him up.
2 Q Let me stop you for one minute. What school
3 was this?
4 A Shepherdstown Elementary.
5 Q In Mechanicsburg School District?
6 A Yes.
7 Q And you are saying that he was just going
8 into school when you received the call on January 24th?
9 A Yes.
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Q And do you know how long Jordan had been in
Pennsylvania?
A Two to three weeks.
Q And were you able to just take Jordan to the
Shepherdstown School to get started?
A Yes. I had to go sign some papers, show them
the custody paper that I did have and enrolled him. And he
was able to go to school that Monday.
Q Was there any medical attention required?
A Yes. He was past due, you know, overdue for
shots that he needed. He had never been to a dentist. The
school required, you know, everything be up to date. So I
had to take care of everything. And he had bald spots on
his head, that later the doctor said it was from
malnutrition, lack of fluid and food. So we had to take
care of that right away.
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Q Now, the temporary guardian paper that you
signed, I believe that was attached to the original
petition, that was between you and Mr. Schillawski, is that
correct?
A Well, the very first one was when he was in
prison. And I actually didn't get to talk to him. The
prison was on lockdown. So the paper was taken to him and
signed, and then it was given to me. And the second custody
paper --
Q Okay. Stop first. The first one then that
he signed when he was in jail, was that only until he was
released from jail?
A Correct.
Q And then when, if you know, approximately how
long was it that he was released from jail? I think you
said a couple days?
A He didn't call me until a few hours later
after he had got out of prison.
Q Okay. And at that time did he come over and
pick up Jordan?
A No. He said he wanted to sit at home, chill,
and enjoy his freedom.
Q When is the next time you did see Jordan's
father?
A It was actually -- it was about -- it was a
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week roughly until he did.
Q And Jordan remained with you during this
time?
A Correct.
Q And you got him to school?
A Yes.
Q And you fed him everyday?
A Yes.
Q You bought him clothing?
A Yes. My entire family bought him clothing.
Q A week later then when you did hear from
Jordan's father , did he at that time come to pick up Jordan?
A No. He came to visit Jordan. He only stayed
for about forty minutes and then left.
Q Jordan's birthday is February 7th of 2001, is
that correct?
A Yes.
Q So did you continue to retain actual physical
custody of Jord an?
A Yes.
Q How long did that continue?
A I had custody of him probably until about
April.
Q Of 2008?
A Yes.
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Q And within that time then the two of you did
2 sign another custody agreement, correct?
3 A Correct.
4 Q Did you ever ask Mr. Schillawski where
5 Jordan's mother was?
6 A Mr. Schillawski told me a lot of things about
7 Jordan's mother, but I had never spoken to her. She had
8 spoken to Jordan February 7th, around that date, in 2008.
9 Rich was at my house to visit Jordan. And he called
10 Jordan's mother, and she spoke to him. And he also called
11 his maternal grandmother and spoke to Jordan. And that was
12 the last time.
13 Q So Jordan did speak with his mother and his
14 -- you said -- his mother's mother?
15 A Yes.
lE Q On his birthday?
17 A Correct.
18 Q Now, did you ever have a conversation with
19 Jordan's mother thereafter?
20 A It was April 17th of 2008.
21 Q And did Jordan's mother call you?
22 A Yes.
23 Q At your current phone number?
24 A It was my old cell phone number.
25 Q And how long did you have that cell phone
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number?
A Until the end of September, the beginning of
October of 2008.
Q So you had one conversation with her in April
of 2008?
A Oh, we spoke a couple times that day.
Q The same day?
A Yes.
Q Can you tell us about those conversations?
A Let's see, she was asking about Jordan, you
know, she didn't know anything about me. She was asking
some things about me. And I explained to her, you know,
what had transpired between Rich and I. I explained
everything like that to her. And she said that she was glad
that he was with somebody that would take care of him. And
she explained her situation, saying she was trying to get
back on her feet.
She told me that Rich had brought Jordan to
her on December 25th of 2007, and she was supposed to retain
custody of Jordan at that time. And she stated that in the
afternoon on that same day she called Rich and told him to
come pick Jordan up, that she couldn't take care of him at
that point in time. She never spoke to Jordan. And after
that day I never heard from her again.
Q Did she ever ask to speak to Jordan?
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A No.
Q Did she ask for an address where Jordan was?
A I d on't remember.
Q Did you answer all of her questions?
A To the best of my ability, yes.
Q Did she ask if she could come down and visit
Jordan?
A No.
Q I want to go back to my last question. I
asked you if you answered all of her questions. You said to
the best of your ability. Are there any questions you
didn't answer?
A I don't believe so.
Q Okay. Did you explain to Jordan's mother
what school he was in and how he was doing?
A Yes. And that, you know, the medical things
that needed to be done that he didn't have done. And the
fact that when the school records came into Shepherdstown
that I was informed that he was out of school for a month.
So I explained everything like that to her.
Q Did Jordan's mother ever say to you at that
time, you know, I have a court order in the State of New
York, he is my son, I want him back?
A No.
Q Did Jordan's mother send him birthday
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presents in February of 2008?
2 A She mailed birthday gifts to Rich at his
3 address. And then Rich, after he opened them and played
4 with them, gave them to Jordan at my house.
5. Q And you indicated that Rich called Jordan's
6 mother on February 8th of 2008 to speak with Jordan on his
7 birthday?
8 A It was right around then. I think it was on
9 his birthday. I don't remember exactly, but it was when he
10 brought his birthday gifts and stuff over. And he did speak
11 to his mother and his maternal grandmother.
12 Q And did you hear Rich give Jordan's mother
13 your phone number?
14 A No. I tried to stay away from Jordan when he
15 was having conversations with any part of his family.
16 Q Do you know how Jordan's mother received your
17 phone number?
18 A I am assuming Rich gave it to her.
19 Q And that was April of 2008, correct?
20 A Correct.
21 Q And you haven't spoken with her since?
22 A No.
23 Q She has never called you again?
24 A No. From April 17th, the last time I talked
25 to her, up until my cell phone was turned off, which was
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the end of September, the beginning of October, I hadn't
heard anything from her.
Q And April 17th of '08 Jordan was primarily
still living at your house, is that correct?
A Yes.
Q Why did you obtain the custody agreement that
you and Rich signed, why did you have to obtain that
agreement and get it filed?
A Jordan was actually very sick, so we had to
go find a notary in the middle of the night, because I tried
to take him to the doctor, and my mom tried to take him to
the doctor to get treated, and they wouldn't do it because I
had no papers saying I had physical custody of him.
Q Now, you are a mother you said, correct?
A Correct.
Q And you have two children?
A Yes.
Q And their current ages?
A Twelve and ten.
Q How would you describe Jordan's development
when you met him in February of '08?
A He was nowhere near the level that he should
have been at.
Q Could he read?
A No.
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Q Could he write?
2 A He couldn't even write his own name.
? Q And he was six years old actually in January
4 of ' 08?
5 A Yes.
6 Q And do you have contact with Jordan now?
7 A Yes.
8 Q And how would you describe any improvement on
9 his developmental skills?
10 A I have heard him read, and he can actually
11 read now very good. He can write very well. And he is more
12 at the level that he should be at.
13 Q Have you had any contact from Jordan's father
14 since he sign ed the custody papers last spring of '08?
15 A He has had my phone number. And he has also
16 been on My Sp ace ever since the day I met him -- well, first
17 met him on My Space. And he did not ever send me a message
18 up until it w as just recent. I believe there is copies of
19 the messages that he did send me, but he never even
20 contacted me on that.
2~ Q So he did not have regular contact with
22 Jordan?
23 A No.
24 Q When you were granted custody, did you in any
25 way file for any support of Jordan against his parents?
26
. A No. I have no idea where either of them
2 lived.
3 Q So you did not obtain any financial
4 assistance at all?
5 A No.
E Q Just briefly, would you describe the dynamics
7 between your mother's home and your home in terms of her
8 helping and assisting with the raising of your children?
9 A With my work schedule being the way it is, my
10 hours varying, there is times, nights, when my kids will be
11 spending the night at my mom's house, because I have to go
12 to work at 2:00 or 3:00 in the morning. So it is kind of
13 like a second home basically. They spend a lot of time
14 there also.
15 Q Would it be fair to say then in April or May
16 of 2008 Jordan basically had a primary residence somewhere
17 else?
18 A Yes.
19 Q And who would that be with, Heather?
20 A Yes.
21 MS. DILS: I have no further questions.
22 CROSS-EXAMINATION
23 BY MS. ROSKO:
24 Q Ms. Rigg, the petition that gave you custody
25 of Jordan, who prepared that petition?
27
A Which? There was three separate custody
2 papers. Which one?
3 Q We will just go in order. The first one.
4 A The first one was done when he was in Dauphin
5 County Prison.
5 Q Richard?
~ A Yes.
g Q And this was an agreement between you and
9 Richard that was never filed in a court?
10 A The first one?
11 Q Right.
12 A Only granting me custody of Jordan until
13 Rich's release from prison.
14 Q Right. So this was never entered into court.
15 This was an agreement between you and Richard?
16 A It is basically an emergency custody paper.
17 I guess it is pretty standard with the prison that they have
18 them.
19 Q Okay. So it was prepared by the prison?
2G A Yeah. Like I said, the prison was on
21 lockdown. I couldn't even speak to Rich. So I guess a
22 lawyer or somebody that was allowed to be permitted into the
23 prison had Rich look over this paper and sign it.
24 Q Was it ever filed with the court then?
25 A No. Not the first one for the prison. That
28
just stated, like I said, until his release.
2 Q And this was prepared by, again, the first
3 agreement was prepared by...
4 A I guess it is a standard paper that the
5 prison has.
6 Q Okay.
7 A Granting emergency custody.
8 Q And the second custody agreement, was it an
9 agreement tha t then became part of the order giving you
10 custody? Is that where the second --
11 A Yes. Because I had to get the second one so
12 I could take Jordan to get him medical attention and also
13 have him on m y health insurance.
14 MS. ROSKO: Your Honor, may I approach?
15 THE COURT: Certainly.
16 BY MS. ROSKO:
17 Q I am showing you the -- it is dated -- well,
18 it doesn't ha ve a year on it. This is part of Exhibit B of
19 our petition. It is the March 25th petition for the agreed
20 custody order . Who prepared that petition?
21 A It was written up by my sister-in-law who had
22 worked for an attorney.
23 Q And your sister-in-law's name is?
24 A Heather Rigg.
25 Q And at this date did you know who Jordan's
29
mother was?
2 A Jordan had already spoke to his mother at
3 that point on his birthday in February of 2008.
4 Q So the reason she is not listed as his mother
5 in this petition is because -- what is the reason that she
6 is not named as his mother in this petition for custody?
7 A I don't know.
g MS. ROSKO: Your Honor, may I have a moment,
9 please?
10 THE COURT: Yes.
11 BY MS. ROSKO:
12 Q In February had Jordan received a birthday
13 card from his mother?
14 A 2008 or 2009?
15 Q In 2008?
16 A Yes. She had mailed -- it was a birthday
17 card, a movie, and some kind of helicopter toy, she mailed
18 to where Rich was living.
19 Q And at that time did you have an address for
20 mother because she had sent those items?
21 A No. I didn't even really pay attention.
22 Like I said, Rich had opened his card, his toy helicopter,
23 and the movie, and, you know, he even informed me that he
24 had watched the movie. So everything was just kind of -- I
25 don't even remember if there was an envelope in it.
30
Q And just to be clear, we have gone through
2 all the custody petitions that you have had between you and
3 Richard. The first one at the prison, the second one is the
4 agreement that then became the court order that I showed
5 you, part of the petition that you submitted?
6 A Correct.
~ Q And there is not a third one?
g A Well, I just considered the one when he was
9 in prison was the first one. The second one that we took to
10 a notary. And then the court order is the third one.
11 Q Okay.
12 MS. ROSKO: No further questions.
13 MS. DILS: No redirect, Your Honor.
14 THE COURT: So let me follow-up. So there is
15 a court order from Cumberland County?
16 THE WITNESS: Correct.
1~ THE COURT: Granting you custody?
lg THE WITNESS: Correct.
19 THE COURT: I presume I will see that as an
20 exhibit a t some point.
21 MS. DILS: I believe it is Exhibit B to the
22 petition.
23 THE COURT: Oh, to the petition?
24 MS. DILS: Yes.
25 THE COURT: I saw an order attached. I
31
thought that was the New York order.
2 MS. DILS: I believe they are both attached.
3 MS. ROSKO: The New York order is Exhibit C,
4 Your Honor. Exhibit B is an order that was vacated by the
5 guardianship decree giving Cindy and Mark guardianship.
6 THE COURT: Yes. I remember that now.
~ You have been talking about where Rick was
8 living. Where was Rick living?
g THE WITNESS: Rich stayed in Pennsylvania
10 until he was supposed to go to court on the drug charges.
11 But they let him out. I don't know if it was with bail or
12 without bail. But he was supposed to go back to court, and
13 before he was supposed to go back to court, he fled the
14 state.
15 THE COURT: Fled?
16 THE WITNESS: Pennsylvania.
l~ THE COURT: Where had he been living in
18 Pennsylvania?
19 THE WITNESS: It was only like the next exit
2G down from Mechanicsburg. I think that's still considered
21 Mechanicsburg.
22 THE COURT: In Cumberland County?
23 THE WITNESS: Correct?
24 THE COURT: And to your knowledge how long
25 had he been living here in Pennsylvania?
32
THE WITNESS: Only two to three weeks when I
2 ended up with Jordan.
3 THE COURT: Okay. Thank you.
4 MS. DILS: You may step down. We call
5 Heather Rigg.
6 Whereupon, HEATHER RIGG, having been
7 duly sworn, testified as follows:
g DIRECT EXAMINATION
9 BY MS. DILS:
10 Q Would you state your name, please.
11 A Heather Rigg.
12 Q And your current address?
13 A It is 521 Hogestown Road, Mechanicsburg, Pa.,
14 17050.
15 Q Your relationship to Cindy Rigg?
16 A She is my mother-in-law.
17 Q Just speak up a little more loudly. Do you
18 work, Heather ?
19 A No. I do not.
2p Q What do you currently do during the day?
21 A During the day I am home. I do take some
22 classes at HA CC.
23 Q And you have children?
24 A Yes, I do.
25 Q How many children do you have?
33
A I have three sons. Stephen is ten, Colby is
2 nine, and Sandy is four.
3 Q Now, you indicated your address is in
4 Mechanicsburg as well, correct?
5 A Yes.
6 Q How far do you live from Cindy Rigg, your
7 mother-in-law?
8 A About one to two miles.
9 Q And from Geri Rigg, your sister-in-law?
10 A Probably about six or seven miles.
11 Q Describe the dynamics of the whole Rigg clan.
12 A It is not very typical of a family I guess.
13 We are very close-knit. The children are between homes a
14 lot. My mother-in-law has to be at work 7:30, 8:00 in the
15 morning, so a lot of days I take all the kids to school. I
16 get all the children after school until, you know, mom is
17 home or Geri is home. Often nights they are spending the
18 night over at their grandmother's house or at my home. We
19 are just always together, intertwined as one family.
20 Q When did you first meet Jordan Schillawski?
21 A I had met him I think the day after Geri got
22 him, that weekend, the first weekend that she had him.
23 Q In January of 2008?
24 A Correct.
25 Q Did Geri contact you at all when she first
34
got Jordan for some assistance?
2 A She did. She had called me to see if we had
3 any clothing, because I had kept the clothing for my older
4 boy, that he might be able to use. And so I did provide her
5 with some shoes, some clothes and also bunk beds.
6 Q So due to the close-knitness of the Rigg
7 family, is it fair to say that the children are together on
8 a regular basis?
9 A Yes, they are.
10 Q And so Jordan met your children?
11 A Correct.
12 Q And how did he intermingle with them?
13 A He was just like -- he was always there. I
14 mean, they got along well. They were excited to meet him,
15 have somebody else to play with. And as he was with us when
16 we were out anywhere he told people that they were his
17 brothers.
18 Q Was there a time that Jordan primarily came
19 to reside with you and your husband and children?
20 A Yes. Around May of 2008 he was primarily
21 with us, just due to everybody's work schedule. And he
22 started requesting to spend the night and spend time with
23 the boys. So he just ended up being there primarily.
24 Q What type of activities was Jordan involved
25 with at your house?
35
A Normal stuff. Video games, riding bikes. We
2 got him involved in church, at St. Joseph's Catholic Church
3 in Mechanicsburg, and took him to the YMCA swimming, played
4 basketball the re, just played board games.
5 Q And how long would you say that he stayed
6 primarily at your home?
7 A Primarily at my home was about July of 2008.
8 Q And then from there he went where?
9 A He went to reside primarily with my
10 mother-in-law.
11 Q Cindy Rigg and her husband?
12 A Yes.
13 Q Do you still see Jordan now?
14 A Yes.
15 Q And this hasn't come out yet in the
16 testimony, but even though he is at the Masonic Homes, are
17 you aware how often he gets to come home?
18 A Yes.
19 Q And how often is that?
20 A He is permitted to come home every other
21 weekend and on holidays.
22 Q And, in fact, did you see him over Easter?
23 A Yes, I did.
24 Q Of ' 09?
25 A Yes, I did. My in-laws were away, so I
36
actually went down and picked him up for his Easter
2 vacation, and he spent the weekend with us. And I took him
3 back then on Tuesday.
4 Q How did Jordan adapt to church?
5 A He liked it. He said he had never been
6 there. One of the first times we went, it was a rather long
7 mass, which a child of that age doesn't usually sit through,
8 but he did. And he inquired and asked questions, and he was
9 very inquisitive about the whole process.
10 Q Did you ever have any discipline problems in
11 your home with Jordan?
12 A The only discipline problems, not really,
13 just normal kid stuff. He did do a lot of whining. But
14 other than that behaviorally he didn't really have any
15 problems.
16 Q How do you set forth discipline to your
17 children in your home?
18 A We take away privileges, stand them in the
19 corner or raise our voice. We do raise our voice, but there
20 is no physical punishment.
21. Q And was there ever any difference in treating
22 Jordan differently other than that way?
23 A No.
24 Q Did Jordan ever react in any manner that
25 concerned you if he had to be disciplined or the raising of
37
your voice?
2 A There was one instance where my husband had
3 raised his voice, and immediately Jordan fell to the floor
4 in the fetal position, like he was going to be hit. And
5 that did concern us, because we had never used any physical
6 punishment.
~ Q Did you ever have contact with Jordan's
8 mother?
g A Yes.
10 Q When?
11 A It was early this year, in February I
12 believe, January or February of this year.
13 Q Of this year, 2009?
14 A Yes.
15 Q So you did not have contact with her when
lE Jordan was primarily with you?
l~ A No.
lg Q From May to July of '08?
19 A No.
20 Q Did you have contact with Jordan's father
21 during the time he was with you?
22 A Yes, I did.
23 Q And how often did his father contact you?
24 A He called a couple times a month, and he
25 spoke with me one time. But he spoke with Jordan. He would
38
just call and ask for Jordan. I would give Jordan the
2 phone. And t hen he would hang up after he spoke with
3 Jordan.
4 Q Any other family members of Jordan's contact
5 you?
6 A His paternal grandmother, Cheryl Schillawski,
7 contacted him in the beginning pretty regularly while he was
8 with me, but that did taper off where she wasn't calling at
9 all.
10 Q Did anybody ever ask to come and visit
11 Jordan?
12 A In July of 2008 his grandmother did request
13 that they could stop and see him because they were going to
14 be coming through the area. So we did make arrangements to
15 meet with the m at a local park.
16 Q And when you say his grandparents, is that
17 the father's mother?
18 A Yes, it is.
19 Q And her husband or grandfather?
20 A Yes.
21 Q Which?
22 A It is her husband.
23 Q Not Jordan's paternal grandfather?
24 A Yes. I believe he is.
25 Q Okay. So you did set up the visitation with
39
them?
2 A Correct.
3 Q And did you meet them?
4 A Yes, I did.
5 Q And how did that go?
6 A It didn't go well. Upon arriving at the
7 park, they handed me paperwork and said as far as we see it
8 we can take the boy now. We have custody of him. At that
9 time I called my mother-in-law, because we in fact had the
10 court order from Cumberland County saying that we had
11 custody. So she had come up to the park, and then Jordan
12 went home with them.
13 Q Were the police called?
14 A Yes, they were.
15 Q So there was no physical altercation or
16 anything?
17 A No.
lg Q What papers did they hand you, if you can
19 recall?
20 A It was a statement signed by Richard that
21 said he wanted to revoke his custody with Geri Rigg. And
22 then there was a form from a notary in New York. It looked
23 like a form that they just filled in with addresses and such
24 saying that they wanted his parents -- that he wanted his
25 parents to have Jordan.
40
Q And, again, obviously you are not an
2 attorney, but did you need to contact an attorney after
3 that? Were you ever served with the papers legally?
4 A No.
5 Q And it was the police who permitted your
6 mother-in-law to leave with Jordan at that time?
7 A Correct.
8 Q Did you ever see those papers again?
9 A No.
10 Q Did you ever receive word or hear from
11 Jordan's father after that?
12 A No. I did not.
13 Q So other than that time, did the paternal
14 grandparents ever contact you after that?
15 A I believe they did call, yes. They did speak
16 on the phone and call a few more times and speak with Jordan
17 while he was still there.
18 Q Did you ever take Jordan on any outing?
19 A Yes. We have taken him to, as I said, we
20 have taken hi m to the YMCA, swimming, bike riding to the
21 park. And we did this summer as a whole family went on a
22 service trip. And we went to North Dakota and Wyoming and
23 made several stops there.
24 Q What about Christmas of '08, was Jordan
25 involved with your family gathering?
41
A Yes, he was. Actually in '08 we had a family
2 outing for snow tubing. And we went snow tubing and went
3 out to dinner. In 2008 we had Christmas, Christmas dinner,
4 Thanksgiving. And also in February of 2009 we had a
5 birthday party for him and my middle son, because his
6 birthday is in January. We had a birthday party for them at
7 my mother-in-law's house. We made him a cake and decorated
8 it and got him gifts and had a little family gathering.
g Q How does Jordan refer to you?
10 A He calls me Aunt Heather.
11 Q And your husband?
12 A Uncle Ed.
13 MS. DILS: I have no further questions.
14 MS. ROSKO: We have no questions.
15 THE COURT: Thank you.
16 MS. DILS: Call Cindy Rigg.
17 Whereupon, CINDY RIGG, having been duly
lg sworn, testified as follows:
19 DIRECT EXAMINATION
20 BY MS. DILS:
2~_ Q Would you state your name, please.
22 A Cindy Rigg.
23 Q And your current address?
24 A 598 Mulberry Drive, Mechanicsburg,
25 Pennsylvania, 17050.
42
Q And, Cindy, you are currently married to Mark
2 Houck, correct?
3 A Yes, I am.
4 Q You and Mark have been appointed -- named
5 guardians of Jordan Schillawski, correct?
6 A Yes.
~ Q What is your occupation?
8 A I am a paralegal for the Dauphin County
9 District Attorney's Office.
10 Q And how long have you worked there?
11 A Twenty and a half years.
12 Q What does your husband do?
13 A He is a mechanic for Hempt Brothers.
14 Q You just heard the testimony of your daughter
15 and daughter-in-law. Can you confirm that those events from
16 January of 2008 until approximately July of 2008 are correct
17 as to where Jordan was residing and contact?
lg A Yes.
19 Q Now, your daughter testified that you had
20 been involved with Jordan the day, the literal day, that she
21 received him, is that correct?
22 A Yes.
23 Q And how did that occur, what happened?
24 A I received a phone call from Geri saying that
25 she was coming over and she had Jordan with her, and that he
43
was very hungry. And so when she came over, we fed him, and
2 he stayed for a little bit.
3 Q How did Jordan act at that time?
4 A He was reserved, acting -- he ate hastily
5 because he said he was hungry, and just that he was quiet,
6 not knowing his...
~ Q And what was his appearance like?
g A Disheveled, dirty. His hair was roughed up.
9 And it didn't look like he had it combed for a little while.
10 And he was just -- like his clothes, his pants were shorter
11 than what you would expect to see on a little boy in the
12 wintertime.
13 Q Now, did you assist your daughter during that
14 time or after that time I should say with helping to get
15 Jordan into the Shepherdstown School?
16 A Yes.
1? Q And the medical that he required?
lg A Yes. In fact, I was the one that contacted
19 the prison initially to find out how to get temporary
2U custody, because I was concerned of the fact that once Geri
21 would take Jordan to school with her not having any kind of
22 custody order that they would not have to release him to
23 her, because what right did she have to even have the child.
24 And that's how the prison knew -- I called them, told them
25 where I worked, and that's why they were more receptive to
44
the fact that we needed that kind of in a hurry.
2 Q Okay.
3 A And immediately after Geri had gotten Jordan,
4 which would have been a Thursday, Friday morning I called
5 Children & Youth right away.
6 Q You called Children & Youth of Cumberland
7 County?
g A Absolutely.
g Q And why did you call them?
10 A Because I didn't know what we were supposed
11 to do with a child that we didn't know. We weren't going to
12 just let him hanging out there. I work in the judicial
13 system. I know what happens to these kids. And we wanted
14 the input from Children & Youth and maybe some guidance.
15 Q And did you receive that?
16 A No.
17 Q Were you offered any assistance at all with
18 other agencies or some help with Jordan?
19 A No.
20 Q So from that point did you assist in getting
21 Jordan to a dentist?
22 A Yes, I did. And --
23 Q I am sorry. Go ahead.
24 A I am sorry. And when it came time for the
25 shots, because of Geri's work schedule and me having to be
45
in court on some days, that I had asked Heather to take
2 Jordan for his shots because he was behind. The school sent
3 a letter home saying he was going to be put out of school.
4 And they directed us to a clinic in Carlisle.
5 And Heather had taken him and was refused for
6 two reasons. One was because of who she was. Her name not
7 being on any kind of paperwork. And, two, because they
8 wanted to get more in-depth information about Jordan's
9 medical background. So eventually they turned around and
10 they decided that they would be content with that paperwork
11 that we had. But I had to physically take him down there so
12 that he could get his shots, and he was to get one, but
13 because they didn't know how long we would have him, they
14 actually gave him another booster shot that would have been
15 coming up in a short time in the future.
16 Q Now, in about July of 2008 Jordan came to
17 primarily reside at your home, correct?
18 A Yes.
19 Q And you also assist in caring for your
20 daughter's children, correct?
21 A Absolutely. When we first got Jordan, it was
22 difficult, because when we would sit down to study, what we
23 were finding was Jordan had a pattern that if he whined he
24 thought he would get out of having to do homework. And he
25 was very adamant that he did not have to take a bath
46
everyday. He didn't have to do it before when he was with
2 his dad. He didn't think he would have to do it with us.
3 We had to get over those obstacles and have him understand
4 that as the other children had to sit down and study at the
5 table, he was instructed that that's what was expected of
6 him.
7 Q And did he eventually come around?
g A Yes.
g Q And come the fall and the school year of 2008
10 and 2009, what school did you put Jordan in?
11 A Because he was staying with us primarily, he
12 was no longer living in the Mechanicsburg School District,
13 he was living in Cumberland Valley School District, and we
14 entered Jordan into Cumberland Valley Eagleview.
15 Q And did he start the 2008-2009 school year at
16 Cumberland Valley?
17 A Yes, he did.
lg Q So he passed first grade in Shepherdstown?
19 A Yes. I was very surprised that he had,
20 because they have a curriculum in which he is expected to
21 know a hundred and fifty what's called fry words, which are
22 very small words, but he had to know them. And he only knew
23 approximately eighty of them. But they still passed him,
24 which was a concern, because he was below level. And every
25 report card reflected that.
47
Q So is that something that you and your family
2 worked with him on?
3 A Oh, yes. We laminated the page, and then we
4 made index cards so he had flash cards. Oh, yeah.
5 Q So Jordan did start school in '08 in
6 Cumberland Valley, correct?
~ A Yes, he did.
g Q Second grade?
g A Yes, he did.
10 Q How long did he go to Cumberland Valley?
11 A He was there probably about five or six
12 weeks. And the reason that that was was because right after
13 he had started school they called and wanted a meeting. And
14 Heather and I went to this meeting, and there was about
15 eight members of the school faculty there that were very
16 concerned with Jordan being so far behind. He did have an
17 inability of communicating. And he did have an attitude
18 about not wanting to do work in the beginning. And so they
19 wanted to have psychologicals done. They wanted
20 psychiatrics done. They wanted all this testing done, and
21 they asked me about insurance. And not realizing that Geri
22 had it, they directed me to Carlisle to try to get him the
23 Access card. And I have got all the paperwork that I filed.
24 Heather and I went down there, and we filed
25 all the paperwork. We tried to get him the Access card.
48
And because I went into a brick wall, I could not get the
2 Access card. And thinking that we didn't have insurance,
3 how was I going to pay for the testing.
4 Q So was there a recommendation to you by
5 somebody that you go for guardianship?
6 A Yes. We had received some literature that
7 maybe that -- because I had called Children & Youth another
8 four or five times, and they just flat out told me that
9 there was noth ing they were going to do about Jordan.
10 Q Okay. I don't want to skim over that. So
11 you contacted them in January of '08, and then again when
12 did you call another four or five times?
13 A It was towards the summertime.
14 Q Okay.
15 A And I did, I repeatedly asked them, what
16 should we do, how should we proceed with this, because this
1? is what's going on. And after they would let me go through
18 the whole scenario again, it was no.
19 Q And are you the one who looked into the
2U Masonic Home?
21 A Yes, I was.
22 Q And is that where Jordan is currently -- I
23 don't know if it is considered residing or just attending
24 school, but i s that where he is now?
25 A Yes. He had a weekend that he went down and
49
stayed and visited. And then the folks at the Masonic Home
2 evaluated, and then Jordan came home and would say about,
3 you know, whether he wanted to be there or not. And he
4 actually said he would like to go there.
5 Q Approximately when was that?
6 A October.
~ Q Of 2008?
g A Yes.
g Q Okay. Go ahead.
10 A Even though Jordan was willing to go there,
11 it was very hard for us, because he had already been so much
12 a part of our family. And we didn't want him to think that
13 we were putting him out, that we were throwing him away, and
14 that he wasn't going to be around us. I mean, we
15 strategically, when we did place him there, I counted the
16 days, because he wasn't allowed to come home for the first
17 thirty days, and I made sure that it wasn't going to
18 interfere with a holiday.
19 Q Then you did obtain the guardianship order
20 dated November 25th, 2008, correct?
21 A Yes.
22 Q And that's the order that is attempting to be
23 revoked today?
24 A Yes.
25 Q And you and your husband have been guardians
50
since that time and previous actually?
2 A Yes.
3 Q Now, obviously you were aware that Jordan has
4 a mother and a father. What contact did you have from
5 Jordan's moth er from the time he was primarily with you?
6 A None, until February of '09.
~ Q Okay. February of '09?
g A Yes.
g Q And what contact was that?
10 A It was a phone call about 10:00 at night.
11 Q From his mother?
12 A Yes.
13 Q And how did that go?
14 A Not well. I answered the phone, because I
15 was sleeping, I said hello. And I got I need to talk to
16 Geri or Cindy. And I said yeah. And she said this is
17 Jordan's mother. And I said yeah. And I hung up, because I
1~ hadn't heard from this person. I didn't know this person
19 existed as far as if it was his mother, why was it 10:00 at
20 night a year later. And I didn't think that was the time
21. specifically to have that conversation.
22 Q Did you ever attempt to locate Jordan's
23 mother?
24 A No.
25 Q But did you speak with Jordan's father about
51
his mother?
2 A No.
3 Q Did anybody ever give you her address or
4 telephone nu mber?
5 A No.
6 Q Are you aware if she ever had contact with
7 Jordan?
g A During that time?
g Q Yeah.
10 A No.
11 Q Did Jordan's mother know that Jordan was with
12 you, if you know?
13 A I don't think she did. I am not sure.
14 Q But you know that she was aware of where Geri
15 lived?
16 A Yes.
17 Q And, in fact, did Jordan's mother send Jordan
18 a birthday card this year, in February of 2009?
19 A She sent it to Geri's house, yes.
20 Q Correct. To Geri's house.
21 A Yes.
22 Q For Jordan. So she had Geri's address,
23 correct?
24 A Yes.
25 Q Did you have any contact with Jordan's
52
father?
2 A We actually had the caller ID in the kitchen.
3 And whenever the phone would ring and it was Richard, I
4 would just have Jordan answer the phone. So I didn't really
5 have contact with him.
6 Q But Jordan's father would call and speak to
7 Jordan when he was living at your home?
8 A Yes.
g Q So he knew where Jordan was?
10 A Yes.
11 Q And what about your contact with the paternal
12 grandparents?
13 A That actually started while Richard was in
14 incarcerated in Dauphin County Prison.
15 Q Okay.
16 A I received a phone call at my office. And at
11 the other end this lady said that she was Cheryl
18 Schillawski, and that she was Richard's mother. And then
19 she proceeded to tell me how she had gotten my name. And
20 that was through the prison, because they knew who I was
21 because of my phone call there and where I worked. So
22 that's why she had my office phone number. And the
23 conversation started from there. And they were regular
24 conversations.
25 Q So they were in touch on a regular basis for
53
some period of time?
2 A Pretty much. They weren't like I could
3 basically say it was clockwork every week or every other
4 week, but she was more regular than Richard was in
5 contacting Jordan.
6 Q And did she speak with Jordan when she would
7 call?
g A Yeah. It was whenever he was there.
g Q Since November 25th of 2008 what contact has
10 Jordan had with his father?
11 A I think he just had that one phone call
12 around Thanksgiving.
13 Q Did Jordan ever receive Christmas presents
14 from his mother or his father?
15 A Not at my residence.
16 Q If you are aware, at Geri's residence?
17 A No. Only what she had testified here.
lg Q Correct.
19 A Yes.
20 Q And did Jordan ever receive a birthday
21 present in February of '09 if you know from his mother or
22 father?
23 A Not at my residence.
24 Q When you heard from the natural mother in
25 February of ' 09, was this after you already had spoken with
54
the law clinic that contacted you, her attorney?
2 A I don't know which came first.
3 Q Okay. Did you ever try to hide Jordan from
4 anybody?
5 A No.
6 Q You were aware of the order out of the state
7 of New York regarding custody of Jordan, is that correct?
g A Yes. That his father had primary custody.
g Q Is that what that order states?
10 A Yes.
11 Q And the mother had partial custody out of
12 that order?
13 A Partial custody or visitation, whatever it
14 was.
1=; Q Describe Jordan's involvement with your
16 family.
1~ A Like Heather said, he just fit in. He was
18 like just o ne of the kids, one of the grand-kids. And when
19 we did anyt hing, of course, Jordan was included. And we
20 went campin g with my niece and my great-nephews, and he got
21 the camping experience. He learned how to ride the two
22 wheel bike without the training wheels. And he was riding
23 around the campground, and he was excited about that.
24 The one thing Heather failed to tell you was
25 the first t ime she took him swimming down at the Y he never
55
informed anybody that he couldn't tread water and decided to
2 go down the sliding board. It is humorous now, but it was
3 kind of frightening.
4 We also have a nonprofit, the excursion we
5 went across half the country was to South Dakota to the
6 Cheyenne River Reservation, and we delivered a truckload of
7 goods to the reservation. And Jordan became quite aware of
8 when we would receive a lot of donations at the house. And
9 he would always ask if it was for the children and for the
10 reservation. And I would say yeah. And when we went out,
11 we made it more of a family trip coming back home, so we
12 went to Wyoming, the Cheyenne frontier days, and went to
13 Mount Rushmore, and we had a good time. We went, like I
14 said, halfway across the country with him. But he really,
15 really likes camping and going out in the woods with my
16 husband and playing with the kids, the things that a little
17 guy should be doing.
lg Q Jordan has been in the Masonic Home since I
19 think you said October of 2008. And he is allowed to come
20 home -- he comes to your home every other weekend?
21 A Yes, he does.
22 Q Is that from Friday to Sunday?
23 A Yes. If he has an extended period of time
24 off school, like if he would be off Wednesday or Thursday,
25 they will let me know. And we have the option if it works
56
into our work schedule that we can bring him home for longer
2 days, and then he comes home for holidays.
3 Q And where is the Masonic Homes located?
4 A Elizabethtown, Pennsylvania.
5 Q And how does Jordan get back and forth
6 between your home and the Masonic Home every other weekend?
7 A We pick him up.
g Q And take him back?
g A And take him back.
10 Q How does Jordan refer to you?
11 A Grandma.
12 Q And your relationship to Jordan is what?
13 A It is like a grandparent.
14 Q A blood relation?
15 A Absolutely not.
16 Q You met this child in January of 2008,
17 correct?
18 A Correct.
19 Q You never met Jordan before?
20 A No.
21 Q You are here today fighting a revocation of
22. your guardianship?
23 A Yes, I am.
24 Q For a little boy that you have never met?
25 A Yes.
57
Q Why do you think it is important that you
2 retain guardianship?
3 A Because Jordan has grown in great strides as
4 a young man. Where he told us that he didn't know how to
5 wipe his behind, that -- yes, he did. He was in the
6 bathroom and he hadn't been wiping his behind. He went from
7 wetting his bed a lot to not doing it quite as much. And as
8 far as reading and writing his words, it has really improved
9 greatly. And his whole attitude as far as not wanting to do
10 his work, which is good for him, because that's how he is
11 going to improve his life.
12 Q If this court finds that you should retain
13 guardianship, is there a problem with you and the natural
14 mother, of course, one, meeting, getting to know each other,
15 and with mom being involved with her son's life?
16 A No. I don't have a problem with that.
17 Q So you are not here to say mom should not be
18 involved?
19 A No. I don't know her.
20 Q You are willing to do what it takes, even if
21 counseling would be involved, to get to know mom?
22 A Yes.
23 MS. DILS: I have no further questions.
24 CROSS-EXAMINATION
25 BY MS. ROSKO:
58
Q When did you learn of the New York custody
2 order?
3 A It was whenever Geri had obtained all the
4 paperwork, either from Jordan's father or from his roommate,
5 when he dropped it off.
6 Q So when was that approximately?
7 A She got some paperwork like in the beginning
8 when she got Jordan. I am not sure when it was.
g Q When the agreement --
10 A No. In January of '08. And then whenever
11 the roommate would have taken the stuff over, and she would
12 have shared that information with me. And since we don't
13 live in the same house, if she didn't share the information
14 with me, I didn't have it.
15 Q Do you know who Mr. Leone is?
16 A Yes, I do.
17 Q And who is Mr. Leone?
18 A Just like in our conversation, I called him,
19 because he was a law guardian in New York, and I knew what a
20 law guardian was.
21 Q And did you ever ask him for information
22 about Jordan's mother as to her address?
23 A My conversation with Mr. Leone was for one
24 specific reason. I asked him if he was still involved in
25 Jordan's life and what we should do with Jordan, considering
59
that we had a child that was not biologically related to us.
2 Q So you didn't ask him for mom's address?
3 A No. His statement to me was that I had to
4 choose between two individuals. Jordan is where he needs to
5 be. And that was the extent of Mr. Leone's help.
6 Q So when your petition for guardianship was
7 filed, you were aware of the New York court order?
g A Yes, I was.
g Q And you failed to bring that to the court's
10 attention?
11 A No. It wasn't intentionally.
12 MS. ROSKO: No further questions.
13 MS. DILS: No redirect, unless the court has
14 questions?
15 THE COURT: No. Thank you.
16 MS. DILS: We call Mark Houck.
17 Whereupon, MARK HOUCK, having been duly
18 sworn, testified as follows:
19 DIRECT EXAMINATION
20 BY MS. DILS:
21 Q Would you state your name, please.
22 A Mark Houck.
23 Q And spell your last name.
24 A H-o-u-c-k.
25 Q And you are the husband of Cindy Rigg,
60
correct?
2 A Yes.
3 Q And your date of marriage to Cindy?
4 A November 30th, 2001.
5 Q And what do you do for a living, Mark?
6 A I am a heavy equipment mechanic.
~ Q And who are you employed with?
g A Hempt Brothers out of Camp Hill.
g Q And how long have you been there?
10 A Thirty-seven years.
11 Q And I don't want to belabor it or repeat all
12 the testimony we just heard. I would like you to confirm
13 that you have heard the testimony of Geri, Heather and your
14 wife Cindy, and that you concur that the events, the
15 physical location where Jordan has been. You can affirm
16 that?
l~ A Yes.
18 Q He has been in your home basically since July
19 of '08, correct?
2Q A Yes.
21 Q Do you have children of your own?
22 A Yes.
23 Q And how many children do you have?
24 A Three.
25 Q And total grandchildren?
61
A Twelve, me and Cindy both.
2 Q The two of you together you have twelve?
3 A Yes.
4 Q Do you see your grandchildren on a regular
5 basis?
6 A Yes.
7 Q They are local?
8 A Yes.
9 Q And has Jordan met your children as well?
10 A Yes.
11 Q And how does he get along with them?
12 A They got along good. We took them all snow
13 tubing and s tuff.
14 Q How would you describe your relationship with
15 Jordan?
16 A Basically like a grandfather. He calls me
17 Pap. We do things together. I take him hunting. Of
18 course, he d oesn't take a gun. He just goes with me. Play
19 the Wii game with him and things like that.
20 Q And you heard your wife's testimony that she
21 is obviously in this courtroom today to fight the petition
22 to revoke th e guardianship. Do you back your wife on that
23 decision?
24 A Yes.
25 Q So you would also request that this court
62
consider you as guardian of Jordan, correct?
2 A Yes.
3 Q And are you also willing to work with his
4 mother so tha t she again could be incorporated into Jordan's
5 life and be a part of his life?
6 A Yes.
7 MS. DILS: I have no further questions.
8 MS. ROSKO: No questions.
9 THE COURT: Thank you. You can step down.
10 MS. DILS: We call Virginia Migrala.
11 Whereupon, VIRGINIA MIGRALA, having been
12 duly sworn, testified as follows:
13 DIRECT EXAMINATION
14 BY MS. DILS:
15 Q Would you state your name, please.
16 A Virginia Migrala.
17 Q And spell your last name.
18 A M-i-g-r-a-1-a.
19 Q And, Virginia, where do you work?
20 A I am the director of the Masonic Children's
21 Home in Eliza bethtown.
22 Q And how long have you been there?
23 A I have been there for thirty years.
24 Q Would you describe for this court the mission
25 of the home?
63
A It is to provide care for children who still
2 have a guardian in Pennsylvania, but for one reason or
3 another can benefit from what we have to offer, the
4 structure, educational opportunities. A lot of financial --
5 a lot of grandparents raising children, who, you know, now
6 their health is not good. And so they want to be in the
7 grandparent role, not in the parent role. And that's where,
8 you know, we can provide that care. So we have been in
9 existence since 1913.
10 Q Are there any requirements of the home, you
11 know, concerning a one parent or two parents or a separated
12 home?
13 A A lot of different situations. I mean,
14 basically we, you know, kind of tailor-make our program to
15 the needs of the children and the family. You know, we get
16 phone calls and usually go out for a home visit and invite
17 the child to come for a visit there and see how they fit in.
18 It is small, homey, private cottages where the children
19 reside with a few other children.
20 Q How many children are in your school?
21 A We have a capacity for forty. We have a few
22 openings right now. Jordan resides in our Smith Cottage
23 with six other little boys. And we have a couple house
24 parents who work with him.
25 Q I do want to just briefly talk about the
64
funding. You brought up the financial and the funding. Are
2 your services paid for by the guardians or natural parents?
3 A No. There is no charge to families. It is
4 provided by the Masons of Pennsylvania.
5 Q And does Jordan have to be approved to get
6 into your home as well, into the Masonic Home?
7 A Basically approved meaning just is he a good
8 fit, and could we, you know, assist him and meet his needs.
g Q Now, you know Jordan Schillawski, is that
10 correct?
11 A Yes.
12 Q When did you first meet Jordan?
13 A I received a call and went out to meet with
14 Heather Rigg, and she told me of the situation. And then I
15 met with Cindy and Mark Houck. And they were just
16 explaining to me that, you know, they really were having
17 some difficulties. Jordan was kind of struggling in school.
18 And we have a tutoring program that we bring in certified
19 teachers to kind of supplement the school work, and some
20 other issues like that. So he came for a weekend visit,
21 loved it, fit in very well. And he has made a lot of
22 progress. He has really blossomed. He just recently got an
23 award for academic achievement.
24 Behaviorally he was improved tremendously
25 too. So, you know, he seems to be a good fit. And here
65
again, we kind of work partnership with families. We look
2 at the school, the parent and us kind of all working
3 together to provide for whatever the children might need,
4 whether it be financial, medical, educational. We do a lot
5 of recreational things too. He attends Sunday school. He
6 has gone on trips with the other children. And we have a
7 lot of activities that we provide too, so...
8 Q How does the home deal with guardians versus
9 natural parents? Do you delve into that at all when you are
10 contacted?
11 A Yes. And that was one of the first things we
12 talked about, that we would have to have one of the Rigg
13 family be the guardian, because it was my understanding that
14 the whereabouts of mom and dad were unknown. And so, of
15 course, we can't bring a child in without having a guardian
16 in Pennsylvania, because we don't assume guardianship.
17 Therefore, that was one thing we had said that we would have
18 to establish. And that's where I called the attorney for
19 the Masonic Village, who told me to speak with Julie Cooper.
20 And her law firm in Elizabethtown is the one.
21 We met, and then she met with the Riggs also,
22 with Cindy Rigg and Mark Houck, to draw up some type of
23 guardianship papers. So that we would feel comfortable to
24 bring him in our program, that they would be his guardian in
25 Pennsylvania.
66
Q Are you aware if the natural mother or the
2 natural father have had any contact with the home?
3 A No. The father did call once I believe after
4 he knew of the court proceedings here. It was probably
5 about a month ago he called and asked if Jordan was there.
6 And, of course, I have to be very careful with all of our
7 children. And I can't confirm or decline, you know, if they
8 live there just for their own protection. So I wasn't able
9 to tell him that. But he then spoke with someone else, and
10 then he spoke with the attorney, Julie Cooper. And she
11 spoke with the father about the situation, and did confirm
12 that he was at the Masonic Village.
13 Q How often do you see Jordan?
14 A I see him everyday.
15 Q So as director you are involved with the
16 children on a daily basis?
17 A I see him out playing, riding his bike,
18 everyday. I touch base with them, how they are doing and
19 things like that.
20 Q And how involved are you with the guardians
21 in terms of making sure the arrangements are made for the
22 every other weekend visits?
23 A Sometimes I contact them and sometimes it is
24 one of the house parents at the cottage with him. But we
25 do, you know, talk back and forth how he is doing. And if
67
they have some concerns, they can feel comfortable to call
2 me, you know, and discuss them.
3 Q Is Jordan involved in sports through the
4 Masonic Home?
5 A Not formalized just yet. But he wants to do
6 baseball. That's what he has said that he would like to do.
~ Q Now, is this a program that is provided all
8 yearlong for the children?
g A Yes. They can go home every other weekend,
10 go home holidays, and then for four weeks in the summer.
11 Some of our older kids get jobs. The younger kids we do
12 activities in the summer. So we do run year-round, around
13 the school schedule too.
14 Q How is Jordan's academic?
15 A Much improved. He was below level in a lot
16 of subjects to start out with, and just didn't have a lot of
17 confidence. He has really built a lot more confidence. His
18 reading has improved. Like I said, he recently got a
19 certificate for academic achievement. So he has made a lot
20 of progress.
21 And I think like what Dr. Andrews was
22 explaining, he is kind of filling in those gaps and kind of
23 getting up to par where he should be now. And I think
24 emotionally I am just seeing a lot more confidence from him.
25 The bedwetting was a problem, you know, kind of indicative
68
of like some emotional issues. And that has really improved
2 tremendously to the point there is not much problem with
3 that anymore.
4 Q Now, does there have to be a re-evaluation
5 every year or every so many years for Jordan to remain in
6 the Masonic Homes?
~ A Not necessarily. Not necessarily. We have
8 children, some come for a short period of time until family
9 issues resolve. Some might come very young, and they can
10 stay until they graduate from high school. We do pay on for
11 their higher education.
12 Q Did Jordan ever talk to you about his mother
13 or father?
14 A No. No. He did not.
15 MS. DILS: I have no further questions.
16 MS. ROSKO: We have no questions.
1~ THE COURT: Thank you.
lg MS. DILS: We rest on behalf of Cindy Rigg
19 and Mark Houck.
20 THE COURT: This might be a good point to
21 take just a brief recess. We will take a break.
22 (Whereupon, a recess was taken.)
23 AFTER RECESS
24 THE COURT: Ms. Rosko.
25 MS. ROSKO: At this time we would like to
69
call Kristen Schillawski.
2 Whereupon, KRISTEN SCHILLAWSKI, having been
3 duly sworn, testified as follows:
4 DIRECT EXAMINATION
5 BY MS. ROSKO:
6 Q Can you please state your name and address.
7 A It is Kristen Schillawski. My address is
8 1012 Cadillac Street in Syracuse, New York, 13208.
9 Q How long have you lived in New York?
10 A I have lived in New York my entire life.
11 Q And how long have you lived in Syracuse?
12 A For four years.
13 Q What is your relationship to Jordan
14 Schillawski?
15 A I am his biological mother.
16 Q And who is Jordan's father?
17 A Richard Schillawski.
18 Q And when was Jordan born?
19 A February 7th, 2001.
20 Q Are you married to Jordan's father?
21 A Yes, I am.
22 Q When were you married?
23 A This is always hard for me, but it was June
24 30th, 2002.
25 Q And when did you separate?
70
A We separated in December of 2004 -- January
2 of 2005.
3 Q And why did you move to Syracuse?
4 A I moved to Syracuse basically to work and go
5 to school and be a student, and also to just maintain a
6 little bit of distance between Richard and I for purposes to
7 keep us separated.
g Q And where were you living before Syracuse?
g A I was living in Auburn, New York.
10 Q Where was Richard living at this time?
11 A In Auburn, New York.
12 Q What happened after you separated from
13 Richard?
14 A After Richard and I separated, I moved to
15 Syracuse, and we proceeded to both petition the court for
16 custody of my son.
l~ Q You came to an agreement with Richard?
lg A Correct.
19 Q And what occurred then as a result of that
20 proceeding?
21 A We were granted -- Richard was granted full
22 physical custody with myself having ample and an opportunity
23 to visitation whenever I could so please according to my
24 work schedule .
25 Q And was there a guardian appointed by the
71
court?
2 A James Leone.
3 Q And did you meet with the guardian?
4 A Yes, I did.
5 Q And how long has that arrangement between you
6 and Richard been occurring?
7 A Richard and I had, before the custody order
8 been put into effect we had worked it out amongst ourselves.
9 But that custody order was put in effect in July of 2006 --
10 2005, sorry. And after that custody order was put into
11 effect, we just called each other and maintained it amongst
12 ourselves. And there was never really any trouble as to
13 visitation.
14 Q And why did you agree to partial custody at
15 that time then?
16 A It was best for Jordan that he -- with what
17 Richard was going through and what I was going through that
l~ we both maintain a relationship with him. And since I was
19 trying to gather myself after separating with Richard, I
20 agreed that it would be best and also that it would be best
21 if Jordan remained in joint custody of both of his parents.
22 Q And where were your parents living at that
23 time?
24 A Auburn, New York.
25 Q And where were Richard's parents living at
72
that time?
2 A They were living in Cobleskill, New York.
3 Q So what happened after Christmas of 2007?
4 A After Christmas 2007 I visited my son on
5 Christmas 2007. Richard brought him to spend Christmas 2007
6 with me and my parents. Jordan stayed with me. And at one
7 point Richard called and said that he could not pick up
8 Jordan. I said okay, you know, my parents will keep Jordan.
9 And I later on that day called him back and said, you know,
10 my parents, something came up, they can't keep Jordan. I
11 have to work tomorrow. You need to come pick him up because
12 that was the agreement that we had set forth in the custody
13 order. Richard came and picked up Jordan, and that was the
14 last time I saw my son.
15 Q And where was this that you saw Jordan?
16 A It was at my house and my parents' house.
17 Q In what city?
lg A Auburn, New York, and Syracuse, New York,
19 both.
20 Q
21 Jordan out of
22 A
23 Q
24 were in Penns
25 A
Did you ever give Richard permission to take
New York?
No. I did not.
When did you find out that Jordan and Richard
ylvania?
I found out sometime in February of 2008 that
73
Richard was incarcerated and that Jordan was residing with
2 Geri and Cindy Rigg.
3 Q And how did you find that out?
4 A I found that out -- I couldn't contact
5 Richard for at least several weeks. And then after
6 continuing to call him, I eventually spoke with him, and he
7 told me at the time that Jordan was residing again with Ms.
8 Rigg -- yeah, Ms. Rigg.
g Q And who did you get a phone number from?
10 A I got the phone number for Geri Rigg from
11 Richard.
12 Q And what did you do when you got that phone
13 number?
14 A It took awhile for me to find out the phone
15 number. And when I did find out, it was about April of
16 2008, and I called Geri Rigg at her cell phone.
17 Q And when exactly to the best of your
18 recollection did Richard give you that contact information?
ly A February.
20 Q Okay. And you called in April, you called
21 and spoke to Geri Rigg?
22 A I had communicated with them up until April
23 through Richard, and I had spoken to Jordan through Richard.
24 Other than that, yes, all communication was through Richard
25 up until April of 2008. And that's when I spoke to Geri.
74
Q
2 get Jordan?
3 A
4 Q
5 A
6 Q
7 Jordan?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
And did you ask Geri Rigg if you could come
Yes, I did.
And what was her response?
No. You may not. You need to go to court.
Did you ask if anyone else could come get
A Yes, I did. I asked if my parents or
Richard's parents could come and obtain my son.
Q And what did you do next after that
conversation with Geri Rigg?
A She told me no again. And so I continued to
make phone calls to lawyers and to my parents and to
Richard's parents in regards to the situation. Then after
that I also called Children & Youth Services, which I got no
assistance from them whatsoever regarding the situation.
Q And you called Children & Youth of Cumberland
County?
A Yes.
Q And how many times have you called there?
A I would say between four to six times.
Q Okay. And what occurred in the summer of
2008 that you were involved in with Richard's parents?
A In the summer of 2008 I contacted Richard's
parents if they were willing to help me with getting Jordan
75
back into our family. They spoke to -- this is what they
2 told me, was an on-line lawyer --
3 MS. DILS: I am going to object to this
4 testimony as hearsay. The parents are not here -- I don't
5 know if the p arents are here, but I don't believe they are
6 going to be c alled as witnesses.
7 MS. ROSKO: Your Honor, this is more of an
8 effect on the listener as to the steps that she took.
g THE COURT: That's the way I will receive it.
10 Go ahead.
11 BY MS. ROSKO:
12 Q Continue, Kristen.
13 A I am sorry. Yes. I spoke to Richard's
14 parents, who informed me that they were in contact with a
15 lawyer. And their lawyer gave them the steps and procedures
16 and protocol to have me and Richard sign the paperwork which
17 was needed to get custody back of Jordan from the Riggs.
lg Q And were Richard's parents successful?
19 A No. They were not.
20 Q To your knowledge what happened?
21 A To my knowledge, Richard's parents had made
22 an agreement with the Riggs to meet them in a park to visit
23 with Jordan. And this is when they were going to give the
24 paperwork to the Riggs, stating that they had custody of my
25 son, and that they were given permission to bring him back
76
to me. And at that time I believe the police wouldn't even
2 look at the paperwork. And they were unsuccessful. And
3 Richard's parents were escorted out of the park by the
4 police.
5 Q And what happened next after this?
6 A I continued again to make phone calls to the
7 Riggs' home. Also Richard's parents made calls to the
8 Riggs' home. And we were unable to get ahold of anybody,
9 return any messages, anything at all regarding Jordan's
10 health and well-being.
11 Q Did you call where you believed Jordan was
12 living on Christmas of 2008, this past Christmas?
13 A Yes, I did.
14 Q And do you know who answered the phone?
15 A No. I do not. I believe it was a male
16 voice.
17 Q Did you ask to talk to Jordan?
18 A I asked to speak to Jordan or to Geri or
19 Cindy Rigg.
20 Q And what response did you get?
21 A I was told to go fuck off and go die.
22 Q And what happened next after that
23 conversation?
24 A I then was very, very concerned for the
25 health and well-being of my child. I did not know if he was
77
safe. And they would not allow me to speak to him regards
2 to hear that he was safe. So I again contacted Children &
3 Youth, who then gave me the number to the Dickinson Family
4 Law Clinic.
5 Q Do you know, was Richard, Jordan's father,
6 aware of today proceedings?
7 A Yes, he was.
g Q Do you want Jordan to finish the school year
9 where he is now?
10 A I want what's best for Jordan. I don't want
11 to disrupt him. It is fine with me if Jordan does spend the
12 rest of the school year in the Masonic Homes to finish up
13 with his schooling. But after that his family would greatly
14 like to see him.
15 Q And what are you doing now?
16 A I am a student and I go to school full-time.
17 I receive financial aid and student loans which I pay my
18 bills with. I also have a live-in boyfriend of four years
19 who pays the other half of my bills. And I receive much,
20 much support from my parents regarding my financial
21 well-being and my son's financial well-being.
22 Q And do you have a home for Jordan?
23 A Yes, I do.
24 MS. ROSKO: No further questions.
25 THE WITNESS: Thank you.
78
CROSS-EXAMINATION
2 BY MS. DILS:
3 Q Ma'am, you testified that for the last four
4 years you hav e lived in Syracuse, New York?
5 A Correct.
6 Q And then prior to that you were in Auburn?
7 A Correct.
g Q What about Liverpool, New York?
g A That's a suburb of Syracuse.
10 Q So is that the same as Syracuse?
11 A Generally speaking, yes.
12 Q When did you move from Woodard Way in
13 Liverpool to Cadillac Street in Syracuse?
14 A Two years ago.
15, Q So that was in '07?
16 A Correct.
17 Q So when you and Richard were living together,
18 it was in Auburn?
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20
21
22
23
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25
A Yes.
Q And that was four years ago?
A Yes.
Q In '04?
A Correct.
Q Or '05?
A '05.
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Q '05?
2 A '05.
3 Q And then from '05 to '07 where did you live?
4 A '05 to '07 I lived at Woodard Way, 4750
5 Woodard Way, Liverpool, New York, 13088.
6 Q So that was from '07 until --
7 A '05 to '07.
g Q And then in '07...
g A I moved to Cadillac Street.
10 Q In Syracuse?
11 A Correct.
12 Q And your boyfriend resides with you?
13 A Yes. And he also resided with me at 4750
14 Woodard Way.
15 Q And what does your boyfriend do for a living?
16 A He is an office supply delivery guy.
17 Q And who does he work for?
lg A Village Office Supply in Syracuse, New York.
19 Q And you said you are a student. Where do you
20 go to school ?
21 A Onondaga Community College.
22 Q I am sorry?
23 A Onondaga Community College.
24 Q Is that a local community college in
25 Syracuse?
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A Yes, it is.
2 Q And what courses do you take?
3 A I am taking my math and science prerequisites
4 to get into the physical therapy assistant program.
5 Q And how long have you been going to the
6 college?
~ A I have been there -- I am finishing my second
8 semester. And I also attended another semester previously.
g Q So you started there in August of '08?
10 A Yes.
11 Q Do you recall speaking with Geri Rigg in
12 April of '08?
13 A Yes, I do.
14 Q And do you recall telling Geri that you
15 needed time to get yourself together?
16 A I recall telling Geri that previously I
17 needed time to get myself together in regards to '05 when I
18 left Richard.
19 Q Did you ask her at that time to let her know
20 you were coming down to get your son Jordan?
21 A I asked her if I could come and pick up my
22 child.
23 Q You had her address?
24 A I do not -- yes, I had her address, and I
25 asked her to c ome pick up my child.
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Q And did you in fact contact your son anytime
2 after April of 2008?
3 A I tried to contact my son. I was unable to
4 get any phone calls or response back.
5 Q How did you try to contact him?
5 A I tried to contact Geri's cell phone and got
7 no number. I also contacted a number, which I believe
8 belongs to Heather Riggs at this point, I am not really
9 sure. I don't know who any of these people are. I am just
10 being given phone numbers handed down to me through a chain
11 of random people, my ex basically.
12 Q And how often did you place these telephone
13 calls?
14 A I placed these telephone calls at least every
15 -- I mean, it wasn't everyday at a certain time, but I
16 definitely thought of it and called as much as I could.
l~ Q So you had an address, you weren't getting
18 any return telephone calls at all as of April of '08, and
19 you had an address where your son was physically located --
20 A Correct.
21 Q -- but you did not come here to get your son?
22 A I was told that I needed to go to court to
23 obtain custody of my child.
24 Q But you believed somebody who is, for all you
25 know, you don't even know these people, you are given random
82
numbers as you just testified to, you believed her rather
2 than come down and get your son, is that fair to say?
3 A Well, I had actually gone on-line and
4 obtained the court paperwork from the Cumberland County
5 website. So I did in fact know that she had custody. And
6 so I just was afraid of my legal rights as to show up on her
7 doorstep and r equest my child.
g Q So you contacted the Law Clinic and you filed
9 papers in Marc h of 2009, correct?
10 A Correct. Well, I contacted the Law Clinic in
11 December after I received a disturbing phone call that I
12 made to the Ri ggs' residence.
13 Q When did you learn your son was at the
14 Masonic Home?
15 A February of 2009.
16 Q That was four months ago?
1~ A Correct.
18 Q Did you pick up the phone and contact them?
19 A I was told not to by my representative legal
20 team here.
21 Q Did you request any visitation with your son
22 at all?
23 A I was told not to contact the Masonic
24 Village.
25 Q No. I am talking about with Cindy Rigg.
83
A I was told that I wasn't allowed to even get
2 custody of him. So, I mean, I think if they wouldn't let me
3 take him, why would they let me see him. I didn't know what
4 to do to be honest.
5 Q Why didn't you send your son a Christmas card
6 in December of '08?
~ A I was told not to contact the Riggs by
8 Dickinson Family Law Clinic.
g Q No, no, no. I am talking about sending your
10 son a Christmas card or a present. You had an address for
11 him, correct?
12 A Correct. But I was told not to contact the
13 Riggs residence by phone or mail anymore after December of
14 2008.
15 Q But was that before Christmas you originally
16 spoke with them?
1~ A Yes. I called. And I was told to fuck off
18 and go die.
19 Q No, no, no. I am talking about the Law
20 Clinic. Was that after Christmas of '08 that you spoke with
21 them or before?
22 A I spoke with them in December of '08
23 originally the first time over the telephone.
24 Q But you sent a birthday card in February of
25 '09 to your son. I am not following you. You were told in
84
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December --
A I was told not to contact by phone anybody.
And I mailed a birthday day card to my son, not to the
Riggs. And I wanted him to know that his mother cared about
him on his birthday.
Q Right. In February of '09?
A Right.
Q About Christmas of '08, why didn't you send a
card then?
A I have no answer for that.
Q Did you offer at all any financial assistance
to the Riggs for your son?
A I was not asked for any financial assistance.
I was not even contacted by the Riggs. And I believe that
there are support orders that are out there for that type of
thing.
Q You never received a support order from the
Riggs?
A No.
Q Nobody ever asked you for that?
A No. But if they wanted it, they could have
asked me.
Q What type of home do you have?
A What type of home do I have?
Q Yes.
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A I have an apartment home.
Q You live in an apartment?
A Yes.
Q How many bedrooms?
A It is one bedroom.
Q One bedroom. And who all lives there, you
and your boyfriend?
A Yes.
Q Does your boyfriend have any children?
A No.
Q And what hours are you in school?
A It kind of changes, but right now I am taking
classes three days a week for about three to four hours at a
time.
Q Is that during the daylight hours or evening?
A In the daylight.
Q What school would your son attend where you
currently live in Syracuse?
A Assuming I obtain custody back of him, I have
plans to move back to Liverpool, New York, and get a two
bedroom apartment and enroll him in Liverpool School
District.
Q And the name of the school that he would be
attending?
A Liverpool School District.
86
Q That's the school district. Is that the name
2 of the school?
3 A I don't know exactly where my apartment is
4 going to be yet , ma'am, so I can't tell you that.
5 Q So you will be moving again from Syracuse,
6 New York?
7 A Liverpool is a suburb of Syracuse. And so,
8 yeah, I will be living in the general area of Syracuse, New
9 York, still.
10 Q So today if this court grants your request,
11 you are asking the guardians to be revoked. If this court
12 grants your req uest today revoking the guardians, you are
13 going back to a one bedroom apartment. You don't know the
14 school in Syrac use. Is that best for your son?
15 A I do know the school in Syracuse. Actually
16 my boyfriend at tended that school his entire life and
17 graduated from Liverpool School District.
18 Q And the name of the school?
19 A Liverpool School District.
20 Q No. I am talking about today.
21 A (No response).
22 Q Your lawyers can't tell you what to say.
23 A The name of the school my son will be going
24 to?
25 Q You are asking the --
87
A I don't know yet, because I can't move yet.
2 MS. ROSKO: It has been asked and answered,
3 Your Honor. She doesn't know the specific name of the
4 school.
5 THE COURT: She doesn't know the name of the
6 school.
7 MS. DILS: That was the Liverpool school. I
8 was asking for today. I have no further questions.
9 THE COURT: Anything else?
10 MS. ROSKO: We have no further questions. No
11 redirect.
12 THE COURT: Okay. You can step down.
13 Any other witnesses?
14 MS. ROSKO: No further witnesses, Your Honor.
15 THE COURT: Anybody want to say anything or
16 make any ar gument of any kind?
17 MS. ROSKO: Yes, Your Honor.
18 (Whereupon, Ms. Rosko closed on behalf
19 of the Petitioner.)
20 (Whereupon, Ms. Dils closed on behalf
21 of Cindy Rigg and Mark Houck.)
22 (End of proceedings.)
23
24
25
88
ERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
C. ~~~~~.
Barbara E. Graham
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~-'~~., ~/ ZGo S
Date
Kev f~ A. Hess, J.
N'nth Judicial District
89