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HomeMy WebLinkAbout04-2852+e TINA M. CORNELIOUS, Plaintiff VS. WARREN S. CORNELIOUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY . NO. N O T I C E TO D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249 3166 a e?nL? oenis b e i Attornev for Plainti n TINA M. CORNELIOUS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - CUSTODY WARREN S. CORNELIOUS, Defendant NO. 941- COMPLAINT FOR CUSTODY 1. Plaintiff is Tina M. Cornelious, residing at 1902 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Warren S. Cornelious, residing at 411 Brian Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Jessica L. Cornelious 1902 Princeton Avenue Camp Hill, PA 17011 411 Brian Court Mechanicsburg, PA 17050 Sarah E. Cornelious David S. Cornelious 1902 Princeton Avenue Camp Hill, PA 17011 411 Brian Court Mechanicsburg, PA 17050 1902 Princeton Avenue Camp Hill, PA 17011 411 Brian Court Mechanicsburg, PA 17050 Age 9 5 4 4. The children were not born out of wedlock. 5. The children are presently in the custody of Plaintiff who resides at 1902 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania, and Defendant who resides at 411 Brian Court, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons at the following addresses: Persons Tina M. Cornelious Warren S. Cornelious John D. Feathers Aaron M. Overcash Jessica L. Cornelious Sarah E. Cornelious David S. Cornelious Addresses 2013 Yale Avenue Camp Hill, PA 17011 Date 06/18/99- 05/2003 Warren S. Cornelious Jessica L. Cornelious Sarah E. Cornelious David S. Cornelious 2013 Yale Avenue Camp Hill, PA 17011 Tina M. Cornelious 40 S. 18th Street John D. Feathers Camp Hill, PA 17011 Aaron M. Overcash Jessica L. Cornelious Sarah E. Cornelious David S. Cornelious Warren S. Cornelious Jessica L. Cornelious Sarah E. Cornelious David S. Cornelious 411 Brian Court Mechanicsburg, PA 17050 Tina M. Cornelious John D. Feathers Aaron M. Overcash Jessica L. Cornelious Sarah E. Cornelious David S. Cornelious 1902 Princeton Avenue Camp Hill, PA 17011 05/2003- 12/2003 05/2003- 05/2004 12/2003- present 05/2004- present 7. The mother of the children is Tina M. Cornelious who currently resides at 1902 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania. 8. She is married to Warren S. Cornelious. 9. The father of the children is Warren S. Cornelious who currently resides at 411 Brian Court, Mechanicsburg, Cumberland County, Pennsylvania. 10. He is married to Tina M. Cornelious. 11. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with Jessica L. Cornelious, Sarah E. Cornelious, David S. Cornelious, John D. Feathers and Aaron M. Overcash. 12. The relationship of Defendant to the children is that of father. The Defendant currently resides with Jessica L. Cornelious, Sarah E. Cornelious, David S. Cornelious. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because 1.Defendant intends to relocate for summer and then again in the fall. He indicates he will change the children's school district from the Camp Hill School District to the Susquenita School District. The children are involved in activities and special classes in the Camp Hill School District and it would not be in their best interest to uproot them at this time; and 2.Plaintiff and Defendant have always shared custody of the children on an equal basis, however, Defendant has recently begun to refuse to allow Plaintiff to spend equal time with the children and this has a negative impact on the bond and relationship between the children and their mother. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff. Respectfully Submitted: DISSINGER AND DISSINGER By : /?. M A K n L. Z4nserg A rney for Plaintif Supreme Court I.D. #85556 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Tina M. Cornelious, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ,2vxcz.m. Liou.a Tina M. Cornelious, Plaintiff TINA M. CORNELIOUS, Plaintiff Vs. WARREN S. CORNELIOUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon William T. Tully, Esquire, attorney for Defendant, Warren S. Cornelious, by First Class United States mail addressed as follows: William T. Tully, Esquire 2233 N. Front Street Harrisburg, PA 17110 Date: i'lAlla y C h TINA M. CORNELIOUS IN THE COURT Oh COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2852 CIVIL ACTION LAW WARREN S. CORNELIOUS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday June 25, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevv Esq the conciliator, at 301 Market Street Lemoyne PA 17043 on Tuesday, August 03, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P r y, Eq. mhc Custody Concilia or The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -V? 4,2 Ss ",J 1,!d s(-I 111Y 1102 "4asr--7 4?-, se,?7 L.i ?o TINA M. CORNELIOUS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVII, ACTION - CUSTODY WARREN S. CORNELIOUS, p? Defendant NO. ?/" q ' `q LSJ o2 CIj+ ACCEPTANCE OF SERVICE I, William T. Tully, Esquire, attorney for the Defendant in the above action, hereby accept service of the Complaint for Custody, which was delivered to me on or about I? 2004. r William T. Tully ?-? N r. C? c? ?i r ___ ? _? ??:, ? ..-a c?> -. "?, -7 C? AUG 1 1 7094 f' TINA M. CORNELIOUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WARREN S. CORNELIOUS, Defendant NO. 04-2852 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this (3 1 b day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Tina M. Cornelious and Warren S. Cornelious, shall have shared legal custody of the minor children, Jessica L. Cornelious, born March 8, 1995; Sarah E. Cornelious, born July 1, 1998; and David S. Cornelious, born April 19, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information„ that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; educatiion, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Physical Custody. The parties will maintain the status quo with a shared physical custody schedule which they have developed by having Mother schedule her work time around Father's work time such that she is working different shifts than he works and arranging time such that the children have frequent and continuing contact with both parents. 3. The children will continue to attend the Camp Hill School District. i ?i1 :,'J ?? ? ?'. ` ,e r ?` ? ? _?. NO. 04-2852 CIVIL TERM 4. The shared physical custody schedule is conditioned upon this Court's Order and the parties' agreement that Aaron M. Overcash shall not be in the presence of the minor children. 5. The Custody Conciliation Conference shall reconvene on October 14, 2004 at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. Dist: Xaren L. Koenigsberg, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 LN 1liam T. Tully, Esquire, Suite B, 3964 Lexington Street, Harrisburg, PA 17109 \1 ??, , m- 11-0 BY THE rnl ioT. TINA M. CORNELIOUS, Plaintiff V. WARREN S. CORNELIOUS, Defendant AUG 11 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2852 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Jessica L. Cornelius March 8, 1992 Sarah E. Cornelius Mother and Father July 1, 1998 Mother and Father David S. Cornelius April 19, 2000 Mother and Father 2. A Custody Conciliation Conference was held on August 3, 2004 in response to Mother's filing of a Complaint on Custody on June 21, 2004. Present for the conference were: the Mother, Tina M. Cornelius, and her counsel, Karen M. Koenigsberg, Esquire; the Father, Warren S. Cornelius, and his counsel, William T. Tully, Esquire and W. Scott Foster, Esquire. 3. The parties reached a temporary agreement in the form of an Order as attached. ?I clkx Date X Melissa Peel Greevy, Esquire Custody Conciliator :233453 NOV 0 1 2664 TINA M. CORNELIOUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2852 CIVIL TERM V. CIVIL ACTION - LAW WARREN S. CORNELIOUS, : IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF E Jessica L. Cornelious March 8, 1992 Mother and Father Sarah E. Cornelious July 1, 1998 Mother and Father David S. Cornelious April 19, 2000 Mother and Father 2. The parties second Custody Conciliation Conference was held on October 28, 2004. Present for the conference were: the Mother, Tina M. Cornelious; the Father, Warren S. Cornelius, and his counsel, W. Scott Foster, Esquire. Ms. Cornelious' counsel, Karen Koenigsberg, did not attend. 3. The parties agreed that the Temporary Order would remain in place without change at this time. In the event that the parties do not reconcile, Father has indicated that he may elect to petition to modify the Order for the 2005/2006 school year wherein he will be seeking to have the children attend Susquenita School District. Two (2) of the children are presently enrolled in the Camp Hill School District. q10 Date Melissa Peel Greevy, Esquire Custody Conciliator Dist: .Aaren L. Koenigsberg, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 JWilliam T. Tully, Esquire, Suite B, 3964 Lexington Street, Harrisburg, F'A 17109 :238338 J LIM- UNI ,'y 3 i? -0 TINA M. CORNELIOUS, Plaintiff/Petitioner VS. WARREN S. CORNELIOUS, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2852 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CONTEMPT/ MODIFICATION OF CUSTODY AND NOW, comes Plaintiff/Petitioner, Tina M. Cornelious, by and through her attorney, Diane S. Baker, Esquire, and files this Petition to for Contempt and Modification of Custody, based upon the following: 1. Plaintiff/Petitioner, Tina M. Cornelious, is an adult individual residing at 148 Juniata Parkway East, Newport, Perry County, Pennsylvania 17074. Petitioner is represented by Diane S. Baker, Esquire. 2. Defendant/Respondent, Warren S. Cornelious, is an adult individual residing at 58 Montebello Road, Perry County, Duncannon, Pennsylvania 17020. Defendant was previously represented in this action by William T. Tully, Esquire. 3. Petitioner seeks custody of Jessica L. Cornelius, born March 8, 1992, Sarah E. Cornelious, born July 1, 1998, and David S. Cornelious, born April 19, 2000. Petitioner is the natural mother of the children and Respondent is the natural father of the children. The children were born of wedlock. 4. The current Order is dated August 13, 2004, and provides that the parties share physical custody of the minor children in accordance with their respective work schedules. As 2 a matter of practicality, the children have resided primarily with Respondent; however, up until approximately August 1, 2009, the Mother had frequent periods of partial physical custody with the children both at her own residence and at Father's residence. A copy of the current Order is attached hereto as Exhibit A. 5. Since approximately August 1, 2009, Father has been in contempt of the current order as he has refused to allow Mother to have contact with the children, despite numerous requests made by Mother for periods of physical custody. In addition, Father has refused to allow Mother phone contact with the children. 6. Father is in contempt of the current Order as he frequently disparages Mother in the presence of the children and calls her various derogatory names of a sexual nature. He also tells her (in the presence of the children) that he wishes she were dead and that the children hate her. 7. Father is in contempt of the current order for failure to keep Mother informed about various events and activities involving the children such as medical appointments, school events and conferences and sports schedules. 8. Mother believes and therefore avers that for periods of time over the past several months Father has been residing partially at Indiantown Gap in preparation for an overseas deployment scheduled to occur within the next several months. It is unclear who has been caring for the children in Father's absences; however, Mother believes that it is maternal grandmother who has been staying with the children. 9. Mother is desirous of a modification of the current Court Order to set forth regular periods of physical custody for both parties such that they share custody as was agreed 3 upon in the prior Order. Mother is further desirous of setting forth an Order providing that the children are in her primary care once Father deploys. 10. For the past five (5) years the children have resided at 58 Montebello Road, Duncannon, Pennsylvania with the Respondent. 11. Petitioner has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Petitioner does not know of a person not party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Each parent whose parental rights to the children that have not been terminated and the person who has physical custody of the children have been named as parties to this action. 13. The best interest and permanent welfare of the children will be served by granting the relief because Petitioner can provide a safe home and a stable and loving environment for the children. 14. As a result of Father's contemptuous behavior, Mother has incurred counsel fees and costs and will submit evidence of same at trial. 4 WHEREFORE, Petitioner requests Your Honorable Court to grant her shared legal and physical custody of the minor children, Jessica L. Cornelius, Sarah E. Cornelious, and David S. Cornelious. DATE: 9?1-7-0 s Respectfully Mane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 5 - . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. TINA M. CORNELIOUS 6 081271200° 12:29 7179018748 SUSQUEHANNA SURGEONS PAGE 03!06 TINA M. CORNELIOUS, Plaintiff V. WARREN S. CORNELIOUS, Defendant AM 11 2004 f` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2852 CIVIL TERM CIVIL ACTION LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it Is hereby ordered and directed as follows; 1. Legal Custody. The Parties, Tina M. Cornelious and Warren S. Comeiious, shall have shared legal custody of the minor children, Jessica L, Cornelious, born March 8, 1995; Sarah E. Comelious, born July 1, 1998; and David S. Cornelious, born April 19, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C, S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and- with a view toward obtaining and following a harmonious policy in the children's best interest. 2. Physical Custody. The parties will maintain the status quo with a shared physical custody schedule which they have developed by having Mother schedule her work time around Father's work time such that she is working different shifts than he works and arranging time such that the children have frequent and continuing contact with both parents. 3. The children will continue to attend the Camp Hill School District, PAGE ea1ne SUSQUEHANNA SURGEONS 48/2712800 12:29 7179018748 NO. 04-2852 CIVIL TERM 4. The shared physical custody schedule is conditioned upon this Court'S Order and the parties' agreement that Aaron M. Overcash shall not be in the presence of the minor children. 5. The Custody Conciliation Conference shalt reconvene on October 14, 2004 at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. BY THE COURT: j At Dist: Aran L, Koenigsberg, Esquire, 28 N. 3e Street, Camp Hill, PA 17011 , tAillitam T. Tally, Esquire, Suite 8, 3964 Lexington Street, Harrisburg, PA 17109 Jr? off- Ig-oaf J. OF THE ,LP 18 Cu r 4, Lk 0 -7 y`3 !2P .2- 3 6 ? )- / TINA M. CORNELIOUS IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. WARREN S. CORNELIOUS DEFENDANT 2004-2852 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 29, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 16, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. G.Uro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILE OF THE: "Ry 2099 SEEP 2 AEI P l : € t?L1??+:' T'sF j-.fir. ! <i , VIP NOV 0 9 2009 G TINA M. CORNELIOUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. WARREN S. CORNELIOUS, NO. 2004-2852 Defendant IN CUSTODY COURT ORDER AND NOW, this l b day of November, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of August 13, 2004, shall remain in place subject to the following modifications: 1. Mother shall have physical custody of the minor children each weekend from Friday at 5:40 p.m. until Sunday at 6:00 p.m. Mother shall pick the children up at the beginning of the weekend and Father shall pick the children up on Sunday evening at 6:00 p.m. 2. Legal counsel for the parties shall communicate between themselves with respect to designation of a counselor agreed upon by the parties who will address a variety of issues involving all three minor children. This counselor shall focus on insuring that the children are comfortable visiting with the Mother and to address any issues that would suggest to the contrary. The parties shall share equally the cost of this counseling after any applicable insurance. 3. For any existing or prior counselors of the minor children, those counselors are hereby specifically authorized to share information on counseling sessions with both parents and legal counsel for both parents. This directive authorizes the sharing of information without any specific signed authorization from either parent. 4. Legal counsel for the parties shall conduct another custody conciliation with the Custody Conciliator via a telephone conference on Wednesday, December 2, 2009, at 8:30 a.m. At that conference, the parties will address how custody has been going and also address the issue of whether Father has received any specific orders for t deployment to military service. In the event any major issues develop prior to this scheduled telephone call, legal counsel for the parties may contact the Conciliator directly to schedule a conference call to address these major issues and the Conciliator may submit an appropriate Order to the Court in the event he feels an Order is necessary. 5. This is a TEMPORARY Order and anticipates that the Mother's Petition for $? ! ?iTt Contempt is held in ara a pending resolution of some preliminary issues. In the event the parties are unable to reach an agreement on a more permanent custody Order, Mother may proceed with the Petition for Contempt at a later date and request a hearing before the Court on that matter. cc: ane S. Baker, Esquire William T. Tully, Esquire BY THE COURT, TINA M. CORNELIOUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW WARREN S. CORNELIOUS, NO. 2004-2852 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jessica L. Cornelious, born March 8, 1992 Sarah E. Cornelious, born July 1, 1998 David S. Cornelious, born April 19, 2000 2. A conciliation conference was held on November 5, 2009, with the following individuals in attendance: The mother, Tina M. Cornelious, with her counsel, Diane S. Baker, Esquire, and the father, Warren S. Cornelious, with his counsel, William T. Tully, Esquire. 3. The Mother has filed a Petition for Contempt and is seeking also a modification of the existing custody Order. The information developed at the custody conciliation conference was that the Mother has not seen the children since August of this year. There are a variety of issues that need to be addressed, with the most important issue of getting the Mother specific periods of temporary custody. Additionally, some possible counseling and release of records to the parties from prior counselors needs to be evaluated. 4. The Conciliator is recommending an Interim Order to get the kids back seeing their Mother for a period of time after which the Custody Conciliator would have another custody conciliation via telephone conference with the attorneys for the parties to address issues on an on-going basis. 5. The Conciliator recommends an Order in the form as attached. Date: November 2009 C/ ` V Hubert X. Gilroy, quire Custody Conciliator 1 li7Ei1 1l! tli L2 Gus: , : I?j TINA M. CORNELIOUS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . NO.2004-2852. `-= rn U3 ; 7,7 WARREN S. CORNELIOUS, Defendant : CIVIL ACTION - DIVORCE =CD PLAINTIFF'S PRE-TRIAL MEMORANDUM ? 3 c • AND NOW comes the Plaintiff, Tina M. Cornelious, by and through her attorney, Diane S. Baker, Esquire, and files this Pre-Trial Memorandum as follows: STATEMENT OF FACTS Plaintiff, herein after referred to as Mother, is Tina M. Cornelious. She resides at 116 South Main Street, Marysville, Pennsylvania. She is employed by Holy Spirit Hospital as an office nurse. Her work hours are Monday through Friday from 8:00 a.m, until 3:30 p.m. Defendant/Father is Warren S. Cornelious. He resides at 58 Montebello Road, Duncannon, Pennsylvania. He is employed as a police officer for the Camp Hill Police Department. He works a rotating shift on a three week cycle, 7 a.m, to 3 p.m., 3:00 p.m. to 11:00 p.m., and 11:00 p.m. to 7 :00 a.m. Father is also in the Pennsylvania National Guard with weekend training responsibilities and was deployed overseas within the past year. The parties are the parents of the minor children, Jessica L. Cornelious, born March 8, 1995, age 16, Sarah E. Cornelious, born July 1, 1998, age 13, and David S. Cornelious, born April 19, 2000, age 11. The parties separated in March of 2004. On August 13, 2004, a Custody Order was entered providing that the parties share physical custody such that they coordinate around their respective work schedules and both have frequent and continuous contact with the children. From approximately 2004 to 2009 the parties maintained a physical custody schedule wherein the children primarily lived and attended school from Father's residence. However, the children spent frequent periods of partial physical custody with Mother at both her residence and at Father's residence. But, during the summer of 2009, the amicable relationship between the parties deteriorated and Father cut off all contact between Mother and the children. Mother was not permitted to have any contact with the children, either via phone or in person. The children were told that they were not permitted to call her or see her. When Mother did come to Father's residence to try to see the children or take them for a period of partial physical custody Father told her (in the presence of the children) that he wished she were dead and that the children hated her. On September 18, 2009, Mother filed a Petition for Contempt/Modification of Custody. A conciliation conference was held on October 16, 2009, but by that time, because of Father's alienation efforts, Mother's relationship with the children had seriously deteriorated and they had been led to believe that she did not want to have contact with them. An Interim Order (dated November 10, 2009) was entered wherein Mother was awarded partial physical custody of the children every weekend and the parties were also directed to engage in co-parenting counseling. This was a temporary Order and Mother's Petition for Contempt was held in abeyance. 2 Father has continuously disregarded the November 10, 2009, Custody Order and does everything possible to circumvent Mother's custodial rights with the children. He frequently contacts the children during Mother's weekends and suggests that they join him for an event or activity merely to entice the children away from their Mother. Father also insists on picking the children up significantly way in advance of the scheduled pick- up time and appears at Mother's residence and calls the children by cell phone and tells they need to come out immediately. Father also fails to keep Mother advised of any of their activities and she frequently begins her weekend visits being told that one of the children has an activity that they need to be at within the next hour. Father has also been known to block the entrance to his driveway, making it difficult for Mother to enter to pick the children up. This contemptuous behavior continued through most of 2010, with frequent phone conferences and conciliations scheduled with the conciliator to seek intervention as issues arose. Also, during this same time period, Father regularly told the children that he was to be deployed overseas, but refused to provide Mother with any information about the pending deployment. On July 29, 2010, through his counsel, Father finally notified Mother that he would be deployed August 7, 2010. Without consulting with Mother, Father had already made the necessary arrangements for the children to stav with their grandmother and not their natural mother. After a phone conference with counsel and the conciliator, it was agreed that the children would transfer to Mother's primary care. Father was extremely uncooperative through this process and left for his deployment without providing Mother with any of the children's possessions, or insurance information. In order to avoid uprooting the children from their school, Mother was forced to quickly relocate to their school district (Susquenita School District). On or about December 8, 2010, Father returned from his deployment and immediately insisted that the children resume residence with him and have no contact with Mother. The minor child, Jessica, age 16, then had a falling out with her Father and assumed residence with Mother where she has remained to date. The younger children, Sarah and David, have resumed an alternate weekend schedule. When Jessica returned to live with Mother, Father refused to sign the school bus stop form and would not allow the school to pick Jessica up at her Mother's residence where she was living. For approximately eight weeks, Mother had to miss several hours of work each day to drive the child to and from school. Father only signed the bus form after the conciliator directed him to do so. Father has had little or no contact with Jessica since she moved in with Mother and refuses to even allow her to come to his house to retrieve her personal possessions. Several efforts have been made to engage in counseling, both co-parenting counseling and individual counseling for the children, but Father has refused to cooperate with any counseling efforts that involve Mother. Mother believes that Sarah and David may currently be involved in counseling but Father refuses to divulge any details. Mother has significant concerns about the children when they are in Father's care. His utter disdain for Mother is readily apparent and he oftentimes makes hostile comments about Mother in the presence of the children. Furthermore, Father is a police officer and works rotating shifts. Thus he is oftentimes not available to care for the children either for the evening when he is working second shift or for the overnight when 4 he is working third shift. Mother believes that Father relies upon his Mother and an unidentified babysitter to provide primary care for the children. WITNESSES Tina Cornelious will testify on her own behalf as to all matters before the Court. Defendant, as on cross. i. Jessica Cornelious, Sarah Cornelious and David Cornelious, in chambers, as deemed appropriate by the Court. Mother reserves the right to supplement her witness list upon receipt of Father's witness list. SUGGESTED RESOLUTION Mother requests that the parties shared legal custody and that primary physical custody of all three children be placed with her. When the children were with Mother during Father's deployment, despite Father's efforts to make the transition difficult, the children did well. Furthermore, Father, through his actions, has made it very clear that he has no intention of co-parenting with Mother and does nothing to foster the relationship between Mother and the children. Alternately, Jessica should remain in Mother's primary custody, and custody of David and Jessica should be shared. The scheduled should be arranged such that, to the extent possible, the children are always in the care of either Father or Mother and not a third party care provider when Father is working evenings or overnights. Respectfully submitted, iane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 DATE: -7iZali? Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com 6 CERTIFICATE OF SERVICE I hereby certify that on this 29"' day of July, 2011, a true and correct copy of the aforementioned document was served via regular first class mail on the following person: LAW OFFICE OF WILLIAM T. TULLY, ESQUIRE 3964 Lexington Street Suite B Harrisburg, PA 17109-2618 Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 7 Supreme Court ID 53200 27 South Arlene Street ? Y F R R n 6 Diane S. Baker, Esquire YL ` ,a l ' I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 TINA M. CORNELIOUS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2852 WARREN S. CORNELIOUS, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW comes Petitioning Counsel, Diane S. Baker, Esquire, attorney for Plaintiff, Tina M. Cornelious, who files this Petition to Withdraw Appearance and in support thereof avers as follows: 1. Plaintiff, Tina M. Cornelious, is an adult individual who resides at 116 South Main Street, Marysville, Pennsylvania 17053. 2. Defendant, Warren S. Cornehious, is represented by William Tully, Esquire. 3. On or about July 29, 2009, Tina M. Cornelious engaged the services of Diane S. Baker for her ongoing custody matters. 4. Since that date Petitioning Counsel has represented Plaintiff in her ongoing litigations. 5. Pennsylvania Rule of Professional Conduct 1.16(b) permits an attorney to withdraw from representing a client in certain circumstances, including where the withdrawal can be accomplished without material adverse effect on the interests of the client; where the client insists on taking action with which the lawyer has a fundamental disagreement; where the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; where the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or other good causes exists. See Pa.R.P.C. 1.16(b)(1),(4),(5),(6) and (7). 6. Your Petitioner does not believe that Ms. Comelious will suffer an adverse material impact from Petitioner's counsel withdraw. 7. Petitioning Counsel requests leave of Court to withdraw as counsel. WHEREFORE, Petitioning Counsel, Diane S. Baker, Esquire respectfully requests this Honorable Court issue a Rule upon the Plaintiff to show cause why Petitioning Counsel should not be permitted to withdraw as counsel for Plaintiff, Tina M. Cornelious. RPCnartfiilly Qiihm;Mari I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. BAKER, ESQUIRE TINA M. CORNELIOUS, PLAINTIFF V. WARREN S. CORNELIOUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2852 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2012, upon consideration of the •?? Petition to Withdraw filed by counsel for Plaintiff, a Rule is issued upon the Plaintiff and the Defendant to show cause why the Petition to Withdraw as Counsel should not be granted. This Rule is returnable within twenty (20) days of the date of service. By the Court, aAlh H. Masland, . Diane Baker, Esquire ' For Plaintiff William T. Tully, Esquire For Defendant Tina M. Cornelious r y cY _ 116 South Main Street c? Marysville, PA 17053 ??G Distribution: Court File Name Address Telephone No Fax No. E-Mail Party Diane Baker, Esquire William T. Tully, Esquire P.O. Box 6443 2595 Interstate Drive Harrisburg, PA 17112-0443 Harrisburg, PA 17110 (717) 671-9600 (717) 540-6833 (717) 671-9601 Bakerlawof ceAaol.com Plaintiff Defendant Tina M. Cornelious 116 South Main Street Marysville, PA 17053 0 1110N0TA1 ;{.1°1C_RtLAIND COUNTY TINA M. CORNELIOUS, IN THE COURT OF COMMONT i -VA 141 A Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2852 WARREN S. CORNELIOUS, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes, Diane S. Baker, Esquire, attorney for Plaintiff, Tina M. Cornelious, and Petitions the Court for a Rule Absolute granting her leave of Court to withdraw as counsel and in support thereof avers as follows: 1. The Petitioner is Diane S. Baker, Esquire, an adult individual and an attorney with offices at 27 South Arlene Street, P.O. Box 6443, Harrisburg, Pennsylvania, 17112. 2. Plaintiff, Tina M. Cornelious, is an adult individual with a last known mailing address of 116 South Main Street, Marysville, Pennsylvania 17053. 3. Defendant, Warren S. Cornelious, is represented by William T. Tully, Esquire. 4. On May 25, 2012, The Honorable Albert H. Masland, issued a Rule upon the Plaintiff to show cause why her counsel, Diane S. Baker, should not be granted leave of Court to withdraw as counsel. 5. The Rule was returnable on or before June 11, 2012. Plaintiff was served by regular mail to her last known mailing address on May 29, 2012. A copy of the Rule was also served upon Defendant's counsel, William T. Tully, Esquire, on May 29, 2012. The Certificate of Service is attached hereto as Exhibit A. 6. Plaintiff has failed to respond. WHEREFORE, Plaintiff's counsel, Petitioner, Diane S. Baker, respectively requests your Honorable Court make the Rule Absolute and grant Petitioner leave of Court to withdraw as counsel for the Plaintiff, Tina M. Cornelious. 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 717-671-9600 I.D. No. 53200 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this 12`x' day of June, 2012, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Tina Cornelious 116 S. Main Street Marysville, PA 17053 and William T. Tully, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110-9378 Respectfully submitted, Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 Supreme Court ID 53200 27 South Arlene Street EXHIBIT A TINA M. CORNELIOUS, Plaintiff V. WARREN S. CORNELIOUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2852 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on May 29, 2012, a true and correct copy of Order of Court dated May 25, 2012, was served on the following persons by United States Mail, postage prepaid, addressed as follows: Tina Cornelious 116 S. Main Street Marysville, PA 17053 and William T. Tully, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110-9378 Respectfully gjanes3Baker, Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 TINA M. CORNELIOUS, Plaintiff V. WARREN S. CORNELIOUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2852 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this day of 2012, upon consideration of the attached Petition to Make Rule Absolute, it is hereby ordered that Diane S. Baker, Esquire, is granted leave of Court to withdraw as counsel for Plaintiff, Tina M. Cornelious. BY THE COURT: Distribution: Court File Name Address Telephone No Fax No. E-Mail Party jol f _7? ?Diane Baker, Esquire P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 (717) 671-9601 Bakerlawoffice(a,aol.com /William T. Tully, Esquire 2595 Interstate Drive Suite 101 Harrisburg, PA 17110-9378 Defendant Plaintiff ? TAn C6r n-e f.`au5 eoP, r.s mu.. ` -rd Gll?'l/ , ?e k ? „r r Z. RL HNO GOUT ? TINA M. CORD YLVNNI IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-2852 WARREN S. CORNELIOUS, CIVIL ACTION -LAW Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Tina M. Comelious, in the above-referenced matter. DATE: Respectfully submitted, _. r Diane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOfficeAaol.com