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HomeMy WebLinkAbout02-0992CYNTHIA CORN, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * VS. * NO.a00.q Civil Term * KEITH CORN, * CIVIL ACTION - LAW Defendant * IN CU-57Z)ZLr PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Cynthia Corn, in the above captioned matter without prejudice. Date: Edward J. Weintraub Please enter my appearance on behalf of Plaintiff, Cynthia Corn, in the above captioned matter. Date: 7/ 41P x c7 c ? q ? oo CYNTHIA M. CORN, Plaintiff, VS. KEITH E. CORN and ELORIA A. ROMO, Defendants. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. Ga- 1 q c' * * * CIVIL ACTION - LAW * CUSTODY AND NOW, Plaintiff, Cynthia M. Corn, by and through her attorney, Heather L. Harbaugh, Esquire, files a Complaint For Custody against Defendants, Keith E. Corn and Eloria A. Romo, and in support thereof, avers the following: 1. Plaintiff is Cynthia M. Corn, Step-Mother, who currently resides at 230 Union Hall Road, Carlisle, Pennsylvania. 2. Defendant is Keith Edward Corn, hereinafter "Father", who currently resides at 1236 Newport Road, Duncannon, Pennsylvania. 3. Additional Defendant is Eloria A. Romo, hereinafter "Mother", whose current address is unknown. 4. Plaintiff seeks custody of the following child: NAME Present Address A Coda Z. Romo 230 Union Hall Road, Carlisle, PA 8 5. The child was not born out of wedlock. 6. The child, Coda Z. Romo, is presently in the custody of the Step- Mother, Cynthia M. Corn, who currently resides at 230 Union Hall Road, Carlisle, Pennsylvania. 7. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Address Mother and Children and Youth; Unknown Mother and Father Newville, PA Father N. Middletown Road, Carlisle Father and Step-Mother 230 Union Hall Road, Carlisle Step-Mother 230 Union Hall Road, Carlisle Date Birth - 5/1997 5/1997- 8/1997 8/1997 - 12/19/97 12/19/97 - 9/01 9/01 - present 8. The Mother of the child is Eloria A. Romo, whose current residence is unknown. 9. The Father of the child is Keith Edward Com, who currently resides at 1236 Newport Road, Duncannon, Pennsylvania. 10. The Step-Mother of the child is Cynthia M. Com, who currently resides at 230 Union Hall Road, Carlisle, Pennsylvania. 11. Father and Step-Mother are married, but separated since August 2001. 12. The relationship of Plaintiff to the child is that of Step-Mother. Plaintiff currently resides with the following person: Coda Z. Romo Step-Son 13. The relationship of Defendants to the child is that of Father and Mother. Defendants currently resides with the following persons: Unknown 14. Plaintiff has not participated as a party or in another capacity, in other litigation concerning the custody of the child in this or another court. Defendants had previously participated in a custody action under Docket Number 98-59, which generated a February 18, 1998 Order, attached hereto as Exhibit "A", and a September 16, 1999 Order, attached hereto as Exhibit "B." 15. Plaintiff is filing a Petition for Emergency Injunctive Relief simultaneously with this Custody Complaint. Plaintiff is seeking a Temporary Order confirming primary physical custody with her until a hearing can be held on the Petition. 16. Plaintiff and Defendants do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interests and permanent welfare of the child will be served - by granting the relief requested for the following reasons: A. The Plaintiff has been the primary caretaker and only nurturing parent to of the minor child age, eight (8), over the last four (4) years, due to Defendant/Father's many unexplained absences and due to Defendant/Mother's lack of interest in any involvement with the minor child; B. Although her contact with the child has been irregular, Defendant/Mother has recently repeatedly threatened to come and remove the child from Plaintiff's care and abscond with him to parts unknown; C. When the child had past visits with his Mother, Defendant/Mother has engaged in various sexual acts with persons of both opposite sex and same sex in front of the minor child, such that the child was able to describe such acts to the Plaintiff; D. When the child had past visits with his Mother, Defendant/Mother has taken illegal drugs in the child's presence, such that the child was unable to describe such drug usage to the Plaintiff; E. Both Defendant/Father and Defendant/Mother have been incarcerated on numerous occasions for charges including, but not limited to, assault, burglary and/or robbery charges; F. Children and Youth had previously removed the child on several occasions from his Mother's care due to child endangerment issues; G. Defendant/Father and Defendant/Mother have been driving on a suspended license with no insurance, and in the recent past, have transported the minor child by vehicle; H. Both Defendant/Father and Defendant/Mother have repeatedly threatened the Plaintiff that physical harm will come to her if she takes action to keep the child in her safe and stable home environment; 1. Both Defendant/Father and Defendant/Mother have repeatedly threatened the child with taking him away and never letting him see the Plaintiff again. J. The child has expressed great concern and is terrified that either one, or both, of his parents will remove him from Plaintiffs care and take him away to parts unknown. 18. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child 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 child will be given notice of the pendency of this action and the right to intervene. Name Address Basis of Claim NONE WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Order granting her shared legal custody and primary physical custody, with Defendants to have limited partial physical custody. Respectfully Submitted, By: Heather L. Harbaugh, Esq ire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #83997 ATTORNEY FOR PLAINTIFF Dated: ??028?001 VERIFICATION I, Cynthia M. Corn, hereby swear and affirm that the facts contained in the foregoing Complaint in Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: C2 -ms's-c»--- t hia M. Corn EXHIBIT "A" w. p ., n } Y ,1 5 i:7 y V KEITH EDWARD CORN, Plaintiff v ELORIA ANNETTE ROMO-DEWALT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-59 CIVIL IN CUSTODY COURT ORDER AND NOW, this J? day of September, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Tnis Court's Order of February i8, 1998 is ratified subject to the modifications as set forth below. 2. Paragraph 7 of the February 18, 1998 Order is modified such that exchange of custody for the minor child shall take place at the North Middleton Township Police Department. Either parent or their new spouse may deliver or pick up the child with the arrangement at the Police Station. 3. After the parties have exchanged custody at the Police Station for three (3) separate occasions and in the event the Mother at that time feels that the Police Station is not an appropriate place for exchange of custody, counsel for the Mother may petition the court directly for the scheduling of a short hearing to address the sole issue of the place of exchange of custody. 4. In light of the fact that the parties share legal custody of the minor child, the Father is specifically directed to share with the Mother all information in advance concerning the child's schooling, health issues and all other related matters. Mother shall be given the names, addresses and phone numbers of all physicians and this order he authorizes all school officials and medical personnel to deal with the Mother concerning any and all information of the minor child and to release to the Mother any and all documentation concerning the minor child. 5. While the child is in the custody of the Mother, the Mother shall ensure that the child has his own separate bedroom or, in the alternative, sleeps in a bedroom with same sex children. BY THE COURT, J, S/ 1 c ) J. Kevin A. Hess cc: Thomas Williams, Esq. RECORD Joan Carey, Esq. ^ set my hand Pa. C'r Prothonotary L 7 KEITH EDWARD CORN, Plaintiff v ELORIA ANNETTE ROMO-DEWALT, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-59 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Coda Zondar Romo, born October 30, 1993. 2. A Conciliation Conference was held on September 10, 1999, with the following individuals in attendance: The Father, Keith E. Corn, with his counsel, Thomas Williams, Esquire; and the Mother, Eloria A. Romo-Dewalt, with her counsel, Joan Carey, Esquire. 3. The parties are before the Conciliator on a variety of issues. It is crystal clear to the Conciliator that the parties equally are unable to work with or communicate with the other parent. The parties are having a problem with exchange of custody. The police have been involved in exchange of custody at least 1-5 times over the past eighteen months. The Father suggests an exchange of custody at the police station based upon a suggestion made by the police. The Mother, who does not have a license, suggested that this may be a problem. The Conciliator notes that the Mother lives approximately five minutes from the North Middleton Township Police Department and that her current husband has a current driver's license. 4. Based upon the information at the Custody Conciliation Conference, the Conciliator recommends an the entry of an order in the form as attached. DATE Hubert Gilroy, squire Custody Conci 'tor EXHIBIT "B" KEITH EDWARD CORN, Plaintiff VS. ELORIA ANNETTE ROMO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-59 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this S -t1'- day of 1998, upon consideration of the attached Custody conciliation eport, it is ordered and directed as follows: 1. The Father, Keith Edward Corn, and the Mother, Eloria Annette Romo, shall have shared legal cutody of Coda Zandar Romo, born October 30, 1993. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., beginning February 13, 1998 and at such other times as mutually agreed upon by the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Child from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m. and the Mother shall have custody of the Child from Christmas Day at 2:00 p.m. until December 26 at 2:00 p.m. B. THANKSGIVING: In every year, the Mother shall have custody of the Child from Thanksgiving Day at 6:00 p.m. until the following Friday at 6:00 p.m. The Father shall have custody of the Child until 6:00 p.m. on Thanksgiving Day.. C. EASTER: In every year, the Father shall have custody of the Child on Easter Sunday until 2:00 p.m. and the Mother shall have custody of the Child from 2:00 p.m. until 6:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 2:00 p.m. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 2:00 p.m. until 6:00 p.m. E. The Mother shall have a period of custody on other holidays, not otherwise mentioned in this Order, and the Child's birthday as arranged by mutual agreement of the parties. 5. The Mother shall have custody of the Child during the summer vacation in each year for two non-consecutive 9-day periods to include two weekends, upon providing thirty (30) days advance notice to the Father. 6. The parties shall inform each other promptly of any changes to his or her address or telephone number. 7. The parties shall share transportation for exchanges of custody under this order. 8. In the event the Father requires childcare for the Child, other than the Child's regular attendance at the YMCA Daycare Program, the Father shall first provide the mother with the opportunity to provide the care before contacting other third party babysitters. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may iTiodify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Thomas J. Williams - Counsel for Father Joan Carey, Esquire/Jennifer Gutshall - Counsel for Mother f7 N 9 cr) ^9? V a ter; c) c.- KF.- TCr:: Z< C CD r.? V r? to t? CD rj ?,rn CYNTHIA M. CORN, Plaintiff, VS. KEITH E. CORN and ELORIA A. ROMO, Defendants. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. CQ- qQa Lcv?C l?lL * * * CIVIL ACTION - LAW * CUSTODY AND NOW, Plaintiff/Petitioner, Step-Mother, Cynthia M. Corn, by and through her attorneys, Edward J. Weintraub and Associates and in support of the within Petition for Emergency Injunctive Relief avers as follows: 1. Plaintiff/Petitioner is Cynthia M. Corn, Step-Mother, who currently resides at 230 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant/Respondent is Keith Edward Corn, hereinafter "Father", whose current address is believed to be 1236 Newport Road, Duncannon, Pennsylvania. 3. Additional Defendant is Eloria A. Romo, hereinafter "Mother", whose current address is unknown. 4. Plaintiff is the Step-Mother of the minor child, Coda Z. Romo, Date of Birth October 30, 1993, age eight (8), who currently resides in the primary physical custody of the Plaintiff, Cynthia Corn. 5. Plaintiff is filing a Complaint in Custody simultaneously with this Petition. 6. Plaintiff has been the primary caretaker for the minor child for the last four (4) years, and the minor child has resided with the Plaintiff for those four (4) years. Plaintiff separated from Defendant, Keith Corn on or about August 31, 2001. 7. There are two (2) prior custody orders which did not involve Plaintiff, Step- Mother: February 18, 1998, attached hereto as Exhibit "A", and September 16, 1999, attached hereto as Exhibit "B." These court orders provide Defendant, Father, with primary physical custody and Defendant, Mother, with limited visitation. 8. On or about August 31, 2001, Father, abandoned the minor child and left him in the care of Plaintiff, without any indication as to where he was going or when he would return. Since that time, Father has moved to no less than three (3) different addresses. 9. Plaintiff has been the child's primary caretaker and only nurturing parent for the last four (4) years and avers that the current custody situation be confirmed because it is in the best interest of the child for the reasons including, but not limited to, the following: A.' The Plaintiff has been the primary caretaker and only nurturing parent to of the minor child age, eight (8), over the last four (4) years, due to Father's many unexplained absences and due to Mother's lack of interest in any involvement with the minor child; B. Although her contact with the child has been irregular, Mother has recently repeatedly threatened to come and remove the child from Plaintiffs care and abscond with him to parts unknown; C. When the child had past visits with his Mother, Mother has engaged in various sexual acts with persons of both opposite sex and same sex in front of the minor child, such that the child was able to describe such acts to the Plaintiff; D. When the child had past visits with his Mother, Mother has taken illegal drugs in the child's presence, such that the child was unable to describe such drug usage to the Plaintiff; E. Both Father and Mother have been incarcerated on numerous occasions for charges including, but not limited to, assault, burglary and/or robbery charges; F. Children and Youth had previously removed the child on several occasions from his Mother's care due to child endangerment issues; G. Father and Mother have been driving on a suspended license with no insurance, and in the recent past, has transported the minor child by vehicle; H. Both Father and Mother have repeatedly threatened the Plaintiff that physical harm will come to her if she takes action to keep the child in her safe and stable home environment; 1. Both Father and Mother have repeatedly threatened the child with taking him away and never letting him see the Plaintiff again. J. The child has expressed great concern and is terrified that either one, or both, of his parents will remove him from Plaintiffs care and take him away to parts unknown. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Emergency Order confirming Plaintiffs interim primary physical custody of the minor child and preventing either Defendants from removing the child from Plaintiffs care until such a time as there can be a hearing to determine whether such a situation is in the child's best interest. Respectfully Submitted, Dated: o? 078 DQ-- By: Heather L. Harbaugh, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Cynthia M. Corn, hereby swear and affirm that the facts contained in the foregoing Petition for Emergency Injunctive Relief are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 11) 11 Date: LA - a S" °Y &? C atbi M. Corn EXHIBIT "A" KEITH EDWARD CORN, Plaintiff v ELORIA ANNETTE ROMO-DEWALT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-59 CIVIL IN CUSTODY COURT ORDER AND NOW, this /L--l -day of September, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's Order of February 18, 1998 is ratified subject to the .,codifications as set forth below. 2. Paragraph 7 of the February 18, 1998 Order is modified such that exchange of custody for the minor child shall take place at the North Middleton Township Police Department. Either parent or their new spouse may deliver or pick up the child with the arrangement at the Police Station. 3. After the parties have exchanged custody at the Police Station for three (3) separate occasions and in the event the Mother at that time feels that the Police Station is not an appropriate place for exchange of custody, counsel for the Mother may petition the court directly for the scheduling of a short hearing to address the sole issue of the place of exchange of custody. 4. In light of the fact that the parties share legal custody of the minor child, the Father is specifically directed to share with the Mother all information in advance concerning the child's schooling, health issues and all other related matters. Mother shall be given the names, addresses and phone numbers of all physicians and this order hereby authorizes all school officials and medical personnel to deal with the Mother concerning any and all information of the minor child and to release to the Mother any and all documentation concerning the minor child. 5. While the child is in the custody of the Mother, the Mother shall ensure that the child has his own separate bedroom or, in the alternative, sleeps in a bedroom with same sex children. BY THE COURT, J. Kevin A. Hess ... , cc: Thomas Williams, Esq. Joan Carey, Esq. set my hand rlisie, Pa. :.a .1..'?" .. G y ci .. .t..., 1911.. }.. Prothonotary KEITH EDWARD CORN, Plaintiff v ELORIA ANNETTE ROMO-DEWALT, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-59 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Coda Zondar Romo, bom October 30, 1993. 2. A Conciliation Conference was held on September 10, 1999, with the following individuals in attendance: The Father, Keith E. Corn, with his counsel, Thomas Williams, Esquire; and the Mother, Eloria A. Romo-Dewalt, with her counsel, Joan Carey, Esquire. 3. The parties are before the Conciliator on a variety of issues. It is crystal clear to the Conciliator that the parties equally are unable to work with or communicate with the other parent. The parties are having a problem with exchange of custody. The police have been involved in exchange of custody at least 1-5 times over the past eighteen months. The Father suggests an exchange of custody at the police station based upon a suggestion made by the police. The Mother, who does not have a license, suggested that this may be a problem. The Conciliator notes that the Mother lives approximately five minutes from the North Middleton Township Police Department and that her current husband has a current drivers license. 4. Based upon the information at the Custody Conciliation Conference, the Conciliator recommends an the entry of an order in the form as attached. 2 DATE Hubert . Gilroy, _squire Custody Conci ' for EXHIBIT "B" KEITH EDWARD CORN, Plaintiff VS. ELORIA ANNE'ITE ROMO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Yr PENNSYLVANIA NO. 98-59 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ?? day of 1998, upon consideration of the attached Custody Conciliationu_eport, it is ordered and directed as follows: 1. The Father, Keith Edward Corn, and the Mother, Eloria Annette Romo, shall have shared legal cutody of Coda Zander Romo, born October 30, 1993. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., beginning February 13, 1998 and at such other times as mutually agreed upon by the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Child from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m. and the Mother shall have custody of the Child from Christmas Day at 2:00 p.m. until December 26 at 2:00 p.m. B. THANKSGIVING: In every year, the Mother shall have custody of the Child from Thanksgiving Day at 6:00 p.m. until the following Friday at 6:00 p.m. The Father shall have custody of the Child until 6:00 p.m. on Thanksgiving Day.. C. EASTER: In every year, the Father shall have custody of the Child on Easter Sunday until 2:00 p.m. and the Mother shall have custody of the Child from 2:00 p.m. until 6:00 p.m. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the child every year on Mother's Day from 2:00 p.m. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 2:00 p.m. until 6:00 p.m. E. The Mother shall have a period of custody on other holidays, not otherwise mentioned in this order, and the Child's birthday as arranged by mutual agreement of the parties. 5. The Mother shall have custody of the Child during the summer vacation in each year for two non-consecutive 9-day periods to include two weekends, upon providing thirty (30) days advance notice to the Father. 6. The parties shall inform each ocher promptly of any changes to his or her address or telephone number. 7. The parties shall share transportation for exchanges of custody under this Order. 8. In the event the Father requires childcare for the Child, other than the Child's regular attendance at the YMCA Daycare Program, the Father shall first provide the Mother with the opportunity to provide the care before contacting other third party babysitters. 9. This Order is entered pursuant to an, agreement of the parties at a Custody Conciliation Conference. The parties may modify the prc-,visicns of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, cc: Thomas J. Williams - Counsel for Father Joan Carey, Esquire/Jennifer Gutshall - Counsel for Mother 0 e c n -u c,: m rT? CO C? r m O 7 (7) Tr ?51n CYNTHIA CORN, * IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCCOU?NTY,PENNSYLVANIA VS. NO. © KEITH CORN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 1, 2002, I served a true and correct copy of the Complaint for Custody and Petition for Emergency Injunctive Relief upon Karl Rominger, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger 155 South Hanover Street Carlisle, PA 17013 Date: ?S -+ 01 Misty LD ? N Zm <<' C-) '7J 57C N rn ym CYNTHIA CORN, VS. KEITH CORN, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY,PENNSYLVANIA * NO. ba Qqc?- * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 1, 2002, I served a true and correct copy of the Complaint for Custody and Petition for Emergency Injunctive Relief upon Michael Janst, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Michael Janst, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Date: ?1I1 11 D, L6,o- Misty D. Lehm n n N n 3 CL -G E? -?- 7i Z rn N ? mlmmmmwmw? u g ,..., CYNTHIA M. CORN, Plaintiff, VS. KEITH E. CORN and ELORIA A. ROMO, Defendants. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. as - 49? * * * CIVIL ACTION - LAW * CUSTODY ORDER OF COURT AND NOW, this 4' day of 2002, after consideration of Plaintiffs Petition for Emergency Injunctive Relief, the Court hereby confirms the interim primary physical custody of the minor child Coda Romo and further and prohibits either of the Defendants from removing the child from the primary physical custody of the Plaintiff until t- 03 -70 ?L-?o 4 RY?3 ?o 41 . ?A ?- ?j "I-Ro t^n\ f\y- R FOR THE COURT: ,, JJ J. CYNTHIA M. CORN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 02-992 CIVIL ACTION LAW KEITH E. CORN AND ELORIA A. ROMO DEFENDANT IN CUSTODY AND NOW, Thursday March 07 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Grmn Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Tuesday April 09, 2002 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 Greevro ?- 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 W'1, P f :cif P, V ?- u6'W 00 CYNTHIA CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA VS. NO. 02-992 KEITH CORN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 8, 2002,1 served a true and correct copy of the Order of Court regarding the Petition for Emergency Injunctive Relief upon Keith Corn, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Keith Corn 1236 Newport Road Duncannon, PA 17020 Date: _1 k a Misty D. Lehman CD c , D, = -, z4 - ,c _ O CYNTHIA CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA VS. NO. 02-992 KEITH CORN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 8, 2002,1 served a true and correct copy of the Order regarding the Petition for Emergency Injunctive Relief upon Karl Rominger, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger 155 South Hanover Street Carlisle, PA 17013 Date: Misty D. Le an n ? o C na -., s v m m „ ? r? -? ?-' ? '? z _ ?, `? -v p c; `- CYNTHIA CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA * VS. NO. 02-992 * KEITH CORN, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 12, 2002,1 served a true and correct copy of the Order or Court regarding the Custody Conciliation Conference upon Karl Rominger, Esquire, Counsel for Defendant, and upon Keith Corn, Defendant, by dep6siting same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger 155 South Hanover Street Carlisle, PA 17013 Keith Corn 1236 Newport Road Duncannon, PA 17020 Date: ? _ Misty D. L hman O GJ y ? "'fl ?.F- ^ 'Vl ? ? ?? :1 •}l ?. y? 'm' C W -?+ Y fV "? CYNTHIA CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA * VS. NO. 02-992 KEITH CORN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on March 21, 2002, I served a true and correct copy of the Order or Court regarding the Custody Conciliation Conference upon Karl Rominger, Esquire, Counsel for Defendant, and upon Keith Corn, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger 155 South Hanover Street Carlisle, PA 17013 ICeith Corn 1236 Newport Road Duncannon, PA 17020 Date: k)j?(A3 At J_"Ot?d A 1,4 Zmal,? Mis D. Leh an C rrirr ' C 1 00 CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY PETITION FOR RE-INSTATEMENT OF VISITATION AND NOW, comes Eloria Annette Romo-Dewalt by and through her counsel, Karl E. Rominger, Esquire and Petitions this Honorable Court to reinstate her visitation for the following reasons: 1. Petitioner is the natural mother of the child. 2. Petitioner has not had visitation of the child since the filing of an Emergency Action by Plaintiff in this matter, and whereby Plaintiff, Cynthia Corn was given primary physical custody of the child. 3. Mother's visitation was removed and Mother's custody was removed without a hearing (Exhibit "A"). 4. This matter was previously controlled by an order entered in Cumberland County custody action #98-59 (Exhibit `B"). WHEREFORE, Petitioner requests that her visitation by reinstated and the Court grant whatever relief is appropriate. 0-014: Eloria Romo Date: " g?6? Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-992 V. KEITH CORN and CIVIL ACTION - LAW ELORIA A. ROMO, IN CUSTODY Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Petition for Reinstatement of visitation upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Heather L. Harbaugh, Esquire 2650 N. 3`d Street Harrisburg, PA 17110 Nathan C. Wolf, Esquire Hitner House, Suites 201 and 202 Carlisle, PA 17013 Karl E. Rominger, Esquire Attorney for Defendant Dated: / ?? l11 LJO6 ZoU CYNTHIA M. CORY, Plaintiff, vs. KEITH E. CORN and ELORIA A. ROMO, Defendants. I IG111 U' WL lIII" MVL VJ ''t9AR U 5 ?t10% ??- IN THE COURT OF CO?I?ION PLEAS CUiv1BERLA-ND COUNTY, * PENNSYLVANIA * (a."t C7? * CIVIL ACTION - LAND * CUSTODY ORDER OF COURT AND NOW, this ?n • " day of '1 ' IaR?I 2002, after consideration of Plaintiffs Petition for Emergency Injunctive Relief, the Court hereby confirms the interim primary physical custody of the minor child Coda Romo and further and prohibits either of the Defendants from removing the child from the primary physical custody of the Plaintiff until-W dctormina {uriheR ordeR. FOR THE COURT: e? J. F ?:hyr^.I?„?. 4X i i KETCH EDWARD COIL"', Plaintiff LN THE COURT OF COivL N PLEAS OF CUMBERLAND COUNTY, PEN`ISYZVA^11:4 CIVIL ACTION - LAW v ELORL4 ANNETTE ROjv10-DER; ALT, N0.9S CIVIL Defendant IN CUST TODY C01CP,T ORDER AND NOW this ??.V*" day of September, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: - rnod; inis Court's order of February' LS, 1993 is ratified subject to he ncations i. set forth below. exchange of Paragraph 7 of the February 13, 1993 Order is modified such that custody for the minor child shall take place at the North Middleton Township Police new spouse may deliver or pick up the child with Either dP parent ° Department. Police Station. arann, for Stati Police sep other°at that time feels that the Pollice Stat on is not u o to the parties the event the M dy at an appropriate place for exchange of custody, counsel for the Mother may petition the court directly for the scheduling of a short hearing to address the sole issue of the place of exchange of custody. 4. In light spe fi all f directed to hats with the cMother oallhinformationldi had Father concerning the child's schooling, health issues and all other related matters. Mother shall be given the names, addresses and phone numbers of all physicians and this deal and to eleaselt he the order hereby authorizes and all onfoormation of meminordical Mother concerning any Mother any and all documentation concerning the minor child. h a bedroom with same 5, as his child in the custody o the f in the alteernative, sleeps shall has his own separate bedroom or sex children. BY THE COURT, cc: Thomas Williams, Esq. Joan Carey, Esq" 'IcX? -, z Kevin A. Hess rECORD e1 ny hand Pa. R zw ,- ? J..t 19 ?y r;;;lhonctary I JP t3 C:) N rn Z ?a Z CO..; ?• i Ti rQ Corn N •J ? CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY PRELIMINARY OBJECTIONS TO STANDING OF CYNTHIA CORN AND NOW, comes Eloria A. Romo, by and through her privately retained counsel, Karl E. Rominger, Esquire and in support of her Preliminary Objections to Standing Of Cynthia Corn in the above referenced matter avers as follows: 1. Plaintiff is not a natural parent of the child, Coda Romo. 2. Plaintiff is separated from the husband, Keith Corn. 3. At all times relevant, Petitioner, Eloria A. Romo had maintained her custody rights as pursuant to Custody Action # 98-59 of Cumberland County. 4. Cynthia M. Corn, Plaintiff in this matter does not have standing to bring an action. 5. Plaintiff lacks standing in that she is neither a natural parent nor other person permitted by statute to take custody. 6. Plaintiff was not in loco parentis. 7. At best, Plaintiff was a gratuitous care giver. WHEREFORE, Defendant, Eloria A. Romo respectfully requests that the action at this docket be dismissed as plaintiff lacks standing. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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. Date: 7 6'o2- 1 Eloria Romo CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, Eloria A. Romo, do hereby certify that I this day served a copy of the Objections to Standing of Cynthia Corn upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Heather L. Harbaugh, Esquire 2650 N. Yd Street Harrisburg, PA 17110 Nathan C. Wolf, Esquire Hitner House, Suites 201 and 202 Carlisle, PA 17013 Karl E. Rominger, Esquire Attorney for Defendant Dated: U ` ?' 0 Z N >ro Qt .fir S fa_ . i lJ b U CYNTHIA M. CORN, Plaintiff, VS. KEITH E. CORN and ELORIA A. ROMO, Defendants. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-992 CIVIL ACTION - LAW CUSTODY _0 0?7 70 rn r r C. , ?^' rn ANSWER TO PETITION TO REINSTATE VISITATION AND NOW, Plaintiff, Cynthia M. Com, by and through her attorneys, Edward J. Weintraub and Associates and in support of the within Answer to Petition to Reinstate Visitation avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the prior custody Order from action #98-59 was changed, without a hearing, by the March 6, 2002 Order in the instant case. It is denied that the March 6, 2002 changed any actual regular visitation that was being exercised by Defendant Romo. By way of further response, Defendant Romo only visited the minor child on seven (7) days in 2000, twenty-four (24) days in 2001 and two (2) days in 2002. Such visitation with Defendant Romo had placed the child in a dangerous and uncontrolled environment, which necessitated the filing of the Emergency Petition in this case. 4. Admitted. WHEREFORE, Plaintiff/Respondent request that Petitioner's request for visitation be denied until further order of court. Respectfully Submitted, Dated: 1-//1 } By: Heather L. Harbaugh, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Attorney ID. #83997 ATTORNEY FOR PLAINTIFF APR,17-02 10:11 FROM-Cumberland County Domestic Relations 7172406248 T-531 P.004/004 F-108 V19RIFICATION I, Cynthia M. Com, hereby swear and affirm that the facts contained in the foregoing Answer to Petition to Reinstate Visitation are true and correct and are made subject to the Penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. Date: 1 q o `9-- :?9 a Corn NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87580 55 EAST NIGH STREET CARLISLE PA 17015 (717) 245-6090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 2002-992 CIVIL TERM CIVIL ACTION - LAW KEITH E. CORN and ELORIA A. ROMO, Defendants : CUSTODY PETITION FOR SPECIAL AND INJUNCTIVE RELIEF NOW comes the Petitioner, Keith E. Corn, by and through his attorney, Nathan C. Wolf, Esquire and files his Petition for Special and Injunctive Relief as follows: 1. Petitioner/Defendant is Keith E. Corn, the natural father of the child, who resides at 1236 Newport Road, Duncannon, Perry County, Pennsylvania. 2. Respondent/Plaintiff is Cynthia M. Corn, the stepmother of the child, who resides at 230 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. 3. Respondent/Defendant is Eloria A. Romo, the natural mother of the child, who resides at 1610 Long's Gap Road, Carlisle, Cumberland County, Pennsylvania. 4. The child is Coda Z. Romo, born October 30, 1993, age eight. 5. Father and stepmother have been separated since October of 2001, and the child has been in the primary custody of the stepmother since March 6, 2002. COUNT 1- INJUNCTIVE RELIEF 6. Paragraphs one through five, inclusive, are incorporated by reference as if set forth fully herein. 7. Father was awarded primary custody of the child by Order of Court issued September 16, 1999. (A true and correct copy of the Order of September 16, 1999 is attached hereto as Exhibit "A"). 8. Mother was awarded visitation rights by virtue of the Order of Court issued September 16, 1999. 9. Stepmother, the plaintiff in this matter, is not a natural parent of this child, nor was she a party to the custody action before this Court originally docketed as 1998 Civil 0059. 10. Father sought an on-going relationship with the child when he and the stepmother separated. Therefor, he entered into an oral agreement with the stepmother to allow the child to remain with the stepmother until the end of the school year to minimize the disruption caused by the separation. 11. The father and stepmother always intended to have the child return to the father's primary custody after the completion of the school year. 12. The father did not, in any way, abandon the child. 13. The stepmother was not in loco parentis at the time of the filing of the petition for emergency relief. 14. Stepmother is therefore without standing to bring the instant action. WHEREFORE, Petitioner Keith Corn prays that this Honorable Court dismiss the plaintiff s petition for custody for lack of standing, and that the Court's Order of September 16, 1999, be reinstated upon dismissal of the instant matter, or, in the i:E11H ED-'X-.Ar- 4D CORN, Plai:.tiff v <<%ALT, ELOR.k ,TTE ROMO-DE. Defendar_t N'THE COURT OF CO\NLv[O'N PLEAS OF CUMBERLAND COUNTY, PENNS`ti"v 1NIA : CIVIL ACTION - T.kW : NO. 98-50 CIVIL IN CUSTODY COURT ORDER 4N-D NOW, this day of September, 1999, upon consideration of the attached Custod.. Conciliation Report, it is ordered and directed as follows: i, lilis -ourt•s order of Feoruarr 13. 1998 is rattf d St=bJect t0 the i di:-,cations as set forth below. Paragraph 7 of the February 18, 1998 Order is modified such that exchange of custody for the minor child shall take place at the Nord. Middleton Township Police Department. Either parent or their new spouse may deliver or pick up the child with the arrangement at &e Police Station. the parties have exchanged custody at the Police Station for three (3) separate ,. After occasions and in the event the Mother at that time feels that the Police Station is not an appropriate place for exchange of custody, counsel for the Mother may petition the court directly for the scheduling of a short hearing to address the sole issue of the place of exchange of custody. 4. In light of the fact that the parties share legal custody of the minor child, the Father is specifically directed to share with the Mother all information in advance concerning the child's schooling, health issues and all other related matters. Mother shall be given the names, addresses and phone numbers of all physicians and this order hereby authorizes all school officials and medical personnel to deal with the Mother concerting any and all information of the minor child and to release to the Mother any and all documentation concerning the minor child. 5. While the child is in the custody of the Mother.. the Mother shall ensure that the child has his own separate bedroom or, in the alternative, sleeps in a bedroom with same sex children. BY THE COURT, Kevin A. Hess $•` ECO R D cc: Thomas Williams Esq. _e my hand Joan Carey, Esq. :. •:` _........ c . e, Pa. <............1. l l } ~:c horctary MAR U 5 ?0021 L CYNTHIA.I. CORM, * IN THE COURT OF CONINIO` PLEAS Plaintiff, * CUMBERLAND COUNTY-, * PENNSYLVANIA v9 * NO. O.Z- GC?c l r * KEITH E. CORN and ELOPJA A. RONIO, CIVIL ACTION - LAW Defendants. " CUSTODY ORDER OF COURT AND NOW, this ?e day of . 2002, after consideration of Plaintiffs Petition for Emergency Injunctive Relief, the Court hereby confirms the interim primary physical custody of the minor child Coda Romo and further and prohibits either of the Defendants from removing the child from the primary physical custody of the Plaintiff until-W fal-41d z o r e R. FOR THE COURT: B?l J A, F T_ F aa!!:rr.ta?y Gx f40 tr li31' VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. April 25, 2002 KEITH E. CORN NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. KEITH E. CORN and ELORIA A. ROMO, Defendants NO. 2002-992 CIVIL TERM : CIVIL ACTION -LAW : CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have personally served a true and correct copy of Petitioner Keith E. Corn's, petition for special and injunctive relief upon the following parties and in the matter indicated: SERVICE BY U.S. MAIL: Heather L. Harbaugh, Esq. Law Offices of Edward J. Weintraub 2650 North Third Street Harrisburg, PA 17011 (Attorney for Plaintiff) Date: Karl E. Rominger, Esq. Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 (Attorney for Defendant Eloria Romo) Natha .Cwolr, t ,?quire Supr me ou No. 87380 Att ney Fo efendant Keith E. Corn 35 s gh Street Carlisle, Pennsylvania 17013 (717) 243-6090 ? P'..7 l rs f7l (r' SJ ? - ? .,.. ,i _ ??' ?? U? ?' <? ? ? C',? ? '-?. ' :c^' e C ? G -G (.J - CYNTHIA M. CORN, Plaintiff V. KEITH CORN and ELORIA A. ROMO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-992 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this --?5-aday of , 2002, a hearing on Mother's Petition to Reinstate Custody is scheduled for the aA day of 2002, in Courtroom# ate 3a'clock 3 m. at the Cumberland County Courthouse in Carlisle, Pennsylvania. Distribution: Karl E. Rominger, Esquire Nathan C. Wolf, Esquire Heather L. Harbaugh, Esquire ,cam, nv?.a uQ. ?. 3 G . U .Z ViNVA-M N3a AINnoo 91:.6 r az ?dv 20 CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY PRELIMINARY OBJECTIONS TO STANDING OF CYNTHIA CORN AND NOW, comes Eloria A. Romo, by and through her privately retained counsel, Karl E. Rominger, Esquire and in support of her Preliminary Objections to Standing Of Cynthia Corn in the above referenced matter avers as follows: 1. Plaintiff is not a natural parent of the child, Coda Romo. 2. Plaintiff is separated from the husband, Keith Corn. 3. At all times relevant, Petitioner, Eloria A. Romo had maintained her custody rights as pursuant to Custody Action # 98-59 of Cumberland County. 4. Cynthia M. Corn, Plaintiff in this matter does not have standing to bring an action. 5. Plaintiff lacks standing in that she is neither a natural parent nor other person permitted by statute to take custody. 6. Plaintiff was not in loco parentis. 7. At best, Plaintiff was a gratuitous care giver. WHEREFORE, Defendant, Eloria A. Rome respectfully requests that the action at this docket be dismissed as Plaintiff lacks standing. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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. Date: D Z 1 Eloria Romo CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, Eloria A. Rome, do hereby certify that I this day served a copy of the Objections to Standing of Cynthia Corn upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Heather L. Harbaugh, Esquire 2650 N. 3rd Street Harrisburg, PA 17110 Nathan C. Wolf, Esquire Hitner House, Suites 201 and 202 Carlisle, PA 17013 Dated: y-OL Karl E. Rominger, Esquire Attorney for Defendant CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY ORDER OF COURT AND NOW, this day of , 2002, a hearing will be held on they day of , 2002, in the Cumberland County Courthouse in Courtroom #, at o'clock -6- m. in Carlisle, Pennsylvania in consideration of the within Defendant's Preliminary Objections to Standing of Cynthia Corn. Distribution: Karl E. Rominger, Esquire Nathan C. Wolf, Esquire Heather L. Harbaugh, Esquire C,ot,_e,nJ .?d •f. -?- .; G" ?,, ??? 29 G?? 1: ?,? •' ,G GOU?lT'( NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIOH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 2002-992 CIVIL TERM KEITH E. CORN and ELORIA A. ROMO, Defendants : CIVIL ACTION -LAW CUSTODY ORDER AND NOW, thisdq today of 2002, upon consideration of the petition for special and injunctive relief filed by Petitioner, Keith E. Corn, a hearing is scheduled on the matter for the 3t-A day of , 2002, in Courtroom q, at 9,, 1 o'clock G._.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: cc: Heather L. Harbaugh, Esquire Karl E. Rominger, Esquire Nathan C. Wolf, Esquire em r ?f?aR/oa '& .p VIN'MM ASNN?d CYNTHIA CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA * Vs. * NO. 02-992 * KEITH CORN, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on May 3, 2002, I served a true and correct copy of Plaintiffs Answer to Defendant's Petition for Special and Injunctive Relief and Plaintiffs Answer to Defendant's Preliminary Objections upon Karl Rominger, Esquire, Counsel for Defendant, and upon Nathan Wolf, Esquire, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Nathan Wolf, Esquire Suite 201-202 35 East High Street Carlisle, PA 17013 Date: JV42_4--? /_) - k 4z 11 Mis D. Le an C-) t- a ?Tl f .n ? ? CYNTHIA M. CORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : 02-0992 CIVIL : CIVIL ACTION - LAW KEITH CORN and ELORIA A. ROMO, Defendants IN CUSTODY ORDER AND NOW, this 2'Z t4 day of May, 2002, our order of May 21, 2002, is VACATED. The court expressly requests that the conciliator in this case speak with the child who is the subject of these proceedings as part of the submission of a recommended order to the court. BY THE COURT, Heather Harbaugh, Esquire For the Plaintiff Nathan Wolf, Esquire For Defendant Corn /Karl Rominger, Esquire For Defendant Romo ,0e Dawn Sunday, Esquire Conciliator - 4 140L Ked A. Hess, J. ? R p? as -a ? Arn ?IN`?!i il?SiVN?d OU:'1 ?Pj 7"zIn I'MHi CYNTHIA CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY, PENNSYLVANIA * VS. * NO. 02-992 * KEITH CORN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Heather L. Harbaugh, Esquire, hereby certify that on May 21, 2002, I served a true and correct copy of Plaintiffs Emergency Petition for Reconsideration and Memorandum of Law in Support of the Standing of Plaintiff Cynthia Corn upon Karl Rominger, Esquire, Counsel for Defendant, and upon Nathan Wolf, Esquire, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Nathan Wolf, Esquire Suite 201-202 35 East High Street Carlisle, PA 17013 Date: Jr ??. Wendy Shive C7 o O ? ? T1 'C3 l'1 ? m {n ? ; . .-i. -ra -'Z rr - N : <' c.? : ' ^a r T CD iv U rz i MAY 2 9 2002 r . ?• CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-992 CIVIL ACTION LAW KEITH E. CORN and ELORIA A. ROMO, : IN CUSTODY Defendants ORDER OF COURT ,)? A y , 2002, AND NOW, this 30 ' day of upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated February 18, 1998 and September 16, 1999 are vacated and replaced with this Order. 2. The parties shall submit themselves, the Child, and any other individuals deemed end necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Child. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parries or the Child. All costs of the evaluation shall be shared equally between the parties. All parties shall contact the evaluator within 10 days of the date of this Order to schedule his or her initial session. 3. On a temporary basis, pending completion of the custody evaluation and further Order of Court agrethtia of the M. Corn parties, legal and physicals cFather, Keith E. Com, and the ustody of Coda Z. Romo, born Step-mother, Cynthia October 30, 1993, as follows: A. The parties shall have an equal right, to be exercised jointly with the other parties, make all major non-emergency decisidris affecting the Child's general well-being includii but not limited to, all decisions regarding his health, education and religion. Each party sb be entitled to all records and information pertaining to the Child including, but not limited school and medical records and information. Each party shall notify the other parties as sc as possible in the event of a medical or other emergency concerning the Child. All parties sr be equally entitled to contact school personnel and participate in school activities appropriate. liPl??C ' '-:vNro i u .9 si I lb, 11%,0A CJ B. During the remainder of the 2001-2002 school year, the Mother shall have custody of the Child from Friday, May 24 at 7:00 p.m. through Sunday, May 26 at 7:00 p.m., the Step- mother shall have custody of the Child from Sunday, May 26 at 7:00 p.m. through Friday, May 31 at 7:00 p.m., the Father shall have custody from Friday, May 31 at 7:00 p.m. through Sunday, June 2 at 7:00 p.m., and the Step-mother shall have custody from Sunday, June 2 at 7:00 p.m. through Friday, June 7 at 7:00 p.m. C. After termination of the school year in 2002, beginning on June 7 at 7:00 p.m. the parties shall share having custody of the Child on a rotating weekly basis beginning with the Mother having custody for the first week. The Mother shall transfer custody to the Father at the end of her weeks, the Father shall transfer custody of the Child to the Step-mother at the end of his weeks and the Step-mother shall transfer custody to the Mother at the end of her weeks. The rotating 3 week cycle shall continue on an ongoing basis with the exchange to take place every Friday at 7:00 p.m. pending completion of the custody evaluation and further Order of Court or agreement of the parties. 4. Exchanges of custody between the Step-mother and the other parties shall take place at the North Middletown Police Department unless otherwise agreed. 5. The custodial party shall cooperate in ensuring that the non-custodial parties have reasonable telephone access to the Child. 6. The Step-mother shall be responsible to provide copies of the Child's insurance information to the other parties as well as the prescribed medications for the Child with instructions for administration. 7. None of the parties shall drive with the Child in a motor vehicle without a current driver's license. 8. None of the parties shall do or say anything which may estrange the Child from any other party, injure the opinion of the Child as to any other party, or hamper the free and natural development of the Child's love and respect for any other party. All parties shall ensure that anyone having contact with the Child complies with this provision. 9. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for any party may contact the Conciliator to schedule an additional Custody Conciliation Conference in the event that all custody issues have not been resolved by agreement. BY THE COURT, 5KIevi A. Hess, J. cc: Heather L. Harbaugh, Esquire - Counsel for Plaintiff/Step-Mother Nathan C. Wolf, Esquire - Counsel for Father Karl E. Rominger, Esquire - Counsel for Mother . 41 CYNTHIA M. CORN, Plaintiff VS. KEITH E. CORN and ELORIA A. ROMO, Defendants PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-992 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: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Coda Z. Romo October 30, 1993 Father 2. A Conciliation Conference was held on May 23, 2002, with the following individuals in attendance: The Plaintiff/Step-Mother, Cynthia M. Corn, with her counsel, Heather R. Harbaugh, Esquire, the Father, Keith E. Corn, with his counsel, Nathan C. Wolf, Esquire and the Mother, Eloria A. Romo, with her counsel, Karl E. Rominger, Esquire. str 3. The parties acknowledged the overriding importance participate to a the Child o re uatcing on toes and conflict in the custody situation. They agreed custody eval obtain information concerning the Child's needs and interests in an effort to reach a resolution withou increasing conflict. 4. The Mother expressly reserves the right to take any action available to her by law to pursu her challenge to the Plaintiff's standing in this matter. 5. The Conciliator submits an Order in the form as attached reflecting e the receomparties' mendato ns of th obtain a custody evaluation. The temporary custody arrangements ar Conciliator. S Dawn S. Sunday, Esquire Date Custody Conciliator DANIEL D. HILL, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY B. HILL, Defendant NO. 02-1306 CIVIL CIVIL TERM IN LAW - DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action discontinued. Respectfully submitted, Date 31- a Z ??A_ William L. Grubb, Esquire Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 (717)763-5580 I.D. 72661 DANIEL D. HILL, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY B. HILL, Defendant NO. 02-1306 CIVIL CIVIL TERM IN LAW - DIVORCE REQUEST TO WITHDRAW AND DISCONTINUE TO: William L. Grubb, Esquire: Please withdraw and discontinue the above captioned Divorce Action. Respectfully submitted, Date anie . Hill z? 7Z 65 C -- C '" C TJ (A r ;a I CYNTHIA CORN, VS. KEITH CORN, * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY,PENNSYLVANIA * * NO. 02-992 * * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on July 3, 2002, I served a true and correct copy of Petition for Contempt and Emergency Injunctive Relief upon Karl Rominger, Esquire, Counsel for Defendant, and upon Nathan Wolf, Esquire, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Nathan Wolf, Esquire Suite 201-202 35 East High Street Carlisle, PA 17013 Date: ? 3 0 Z GL 0 z J L -'-4 c7 Wendy . hive Plaintiff Defendant n :- ? ~> c? T . ? . ?? = ' , r ?-, _ ? c: , ?, ??. _. r` ? ' _ ? ? ,% -? ..? CYNTHIA M. CORN, Plaintiff VS. KEITH CORN and ELORIA A. ROMO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0992 CIVIL CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR CONTEMPT AND EMERGENCY INJUNCTIVE RELIEF ORDER AND NOW, this J?v day of July, 2002, a rule is issued on the Keith Corn and Eloria A. Romo to show cause why the relief requested in the within petition for contempt and emergency injunctive relief ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, -A" A. Hess, J. Heather Harbaugh, Esquire For the Plaintiff Nathan Wolf, Esquire For Defendant Corn Karl Rominger, Esquire For Defendant Romo :rlm rn Q;?-r79?o z. CYNTHIA M. CORN, Plaintiff V. KEITH CORN and ELORIA A. ROMO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-992 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S RULE TO SHOW CAUSE IN RE: PLAINTIFF'S PETITION FOR CONTEMPT AND EMERGENCY INJUNCTIVE RELIEF AND NOW, comes Defendant, Eloria A. Romo, by and through her privately retained counsel, Karl E. Rominger, and makes her Answers as follows: 1. Admitted. 2. Admitted. By way of further answer, Respondents Eloria Romo and Keith Corn have restored their previous relationship, and Petitioner has begun to undertake steps to institute a divorce her current husband. 3. Admitted, insomuchas the Order says what it says. 4. Denied. By way of further answer, Respondent Romo has had financial difficulties making the necessary deposit to begin working with Dr. Schneider's office, and Counsel sent a letter to Dr. Schneider requesting that the minimum retainer be lowered, for which no answer has been given. 5. Admitted, since Cody Z. Romo spends two out of three weeks currently in Perry County, the Perry County School District is the right district. 6. Admitted. 7. Respondent is without sufficient information to admit or deny the allegations of this paragraph, and strict proof of the same is demanded. 8. It is admitted that there is no trial scheduled in this matter, but it is denied that it is the fault of Respondents, and by way of further answer, any delay attributable was not by a willful act. 9. A conclusion of law and requires no answer, by way of further answer, it is in the best interests of the child to go to school in the district in which his mother and father reside together. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Petitioner's request for relief. NEW MATTER 10. Previous paragraphs are incorporated by reference. 11. The mother and father of the child have reunited. 12. The child is now being split two weeks with Respondents and one week with Petitioner. 13. Given the fact that the family unit is intact, Petitioner's Request for Relief is mute. 14. This Court may need to re-evaluate standing as to custody, as it appears that Petitioner is only entitled to visitation if she has standing at all. WHEREFORE, Respondent respectfully requests that this Honorable Court direct that the child remain in the primary physical custody of the mother and father with periods of limited visitation in the step-mother as agreed by the parties. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-992 KEITH CORN and ELORIA A. ROMO, CIVIL ACTION - LAW Defendants IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, Eloria A. Romo, do hereby certify that I this day served a copy of the Defendant's Answer to Plaintiffs Rule to Show Cause In Re: Plaintiffs Petition for Contempt and Emergency Injunctive Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 Karl E. Rominger, Esquire Attorney for Defendant, Eloria Romo Dated: July 18, 2002 ? c y : , L I LL IL ?'` CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 02-0992 CIVIL TERM CIVIL ACTION - LAW KEITH CORN and ELORIA A. ROMO, Defendants IN CUSTODY IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on May 3, 2002, in Courtroom Number Four. APPEARANCES: Heather Harbaugh, Esquire For the Plaintiff Nathan Wolf, Esquire For Defendant Corn Karl Rominger, Esquire For Defendant Romo INDEX TO WITNESSES FOR CYNTHIA CORN DIRECT CROSS REDIRECT RECROSS Cynthia Corn 5 By Mr. Rominger 24 39 29 -- By Mr. Wolf FOR ELORIA ROMO DEWALT Eloria Romo Dewalt By Mr. Wolf By Ms. Harbaugh FOR KEITH CORN Keith Corn By Mr. Rominger By Ms. Harbaugh Connie Lebo By Ms. Harbaugh By Mr. Rominger 43 52 47 -- 47 -- 54 -- 82 83 100 104 103 INDEX TO EXHIBITS FOR ELORIA ROMO DEWALT MARKED Ex. B - letter 82 FOR KEITH CORN Ex. A - lease agreement 55 ADMITTED not admitted 111 2 1 THE COURT: Have a seat. Now, I'm looking 2 at two actions, and I want to make sure that I understand 3 where we are procedurally. First of all, there is a file 4 at 2-0 -- well, let's take them numerically 992 of 2002, 5 Cynthia versus Keith Corn. And who represents the parties 6 in those two cases -- or in that case? 7 MR. WOLF: I represent Mr. Corn, Your Honor, 8 but I believe that involves both defendants. It also 9 involves Ms. Romo. 10 THE COURT: At 02-992 I'm seeing it 11 captioned to Cynthia Corn versus Keith Corn -- no, but 12 there's also Eloria Romo. Anybody want to step up to the 13 plate and tell me what's going on in 02-992? 14 MR. ROMINGER: The plaintiff, represented by 15 Ms. Harbaugh, filed an action as a third party versus the 16 parents of the minor child. 17 THE COURT: Okay. 18 MR. ROMINGER: Your Honor granted on March 19 6th, without hearing, an order giving the third party 20 custody, and both parties now have requested, both I on 21 behalf of Ms. Romo and Mr. Wolf on behalf of Mr. Corn, some 22 form of relief. I'm here only on standing. You've 23 scheduled me for July on another matter, and I believe Mr. 24 Wolf's here on standing and also on injunctive relief. 25 THE COURT: And is this the matter that is 3 1 also set for conciliation? 2 MR. ROMINGER: It is. 3 THE COURT: All right. So today we are 4 dealing on standing, and in terms of injunctive relief, as 5 I understand, you wanted at least some visitation of some 6 kind pending resolution of this case ultimately, and that's 7 your understanding of the issues at 992? 8 MS. HARBAUGH: That's correct, Your Honor. 9 THE COURT: Okay. Then let's take a look 10 at 2029. Is that implicated at all this morning? 11 MR. WOLF: I believe that is what has-been 12 resolved. 13 THE COURT: Okay. Now, I understand where 14 we are. It strikes me logical to proceed first with 15 testimony of Keith Corn on these issues. Have counsel 16 thought to approach it differently than that? 17 MR. ROMINGER: I thought, reading the case 18 law, Your Honor, mother as a third party asserting a 19 custody interest has to show her standing prima facially, 20 and so it was our position she should come first, and if 21 she could show standing or the Court's satisfied there's 22 standing then move into the other issues. 23 THE COURT: Well, I'm prepared to proceed 24 that way. We're going to hear from everybody eventually so 25 it really doesn't matter. Why don't we go ahead that way 4 1 and she can tell me what her take is on this. Okay? 2 MS. HARBAUGH: That's fine. 3 THE COURT: Okay. 4 MS. HARBAUGH: I would like to call Cynthia 5 Corn to the stand, please. 6 Whereupon, 7 CYNTHIA CORN 8 having been duly sworn, testified as follows: 9 DIRECT EXAMINATION 10 BY MS. HARBAUGH: 11 Q Cynthia, could you please state your full 12 name, and your address? 13 A Cynthia Marie Corn, 230 Union Hall Road, 14 Carlisle, Pennsylvania, 17013. 15 Q Are you currently working? 16 A Yes, I am. 17 Q And where do you work? 18 A At the Domestic Relations Office here in 19 Cumberland County. 20 Q And how long have you -- how long have you 21 had that job? 22 A About two months now. 23 Q Now, let's take a little bit of history with 24 you and Mr. Corn, the child's father. When did you first 25 come in contact with Mr. Corn and Coda? 5 1 A December 7th of 1997, my water pump broke in 2 my home, and I called Larry's Well Drilling Company, and 3 Keith came out to fix my pump. That was December 7th. 4 Q Did you start a relationship at that time? 5 A Not immediately. He came back a couple 6 additional times for parts and repair, and then showed up 7 at my home one day with Coda one evening, and we watched TV 8 and started a relationship from there. 9 Q You eventually got married? 10 A Yes, January 2nd, 1998, we got married. 11 Q And at that point was Coda living with 12 Keith? 13 A At the time when we got married? 14 Q Yes. 15 A Yes, Coda was with Keith. Now, Keith had 16 just gotten out of jail previously to that. I don't know 17 how long Keith was with Coda, and I think Keith and Eloria 18 were together shortly before that, but Keith was 19 incarcerated for 3 years prior to -- 20 MR. WOLF: Objection, Your Honor. It goes 21 to relevance. 22 THE COURT: Oh, no, no. I need to have all 23 of the background. Overruled. Go ahead. 24 THE WITNESS: Keith was incarcerated for 3 25 years prior to us getting together. So I don't know how 6 1 long he had Coda prior to that. I understand that Eloria 2 and Keith had had a fight at the residence they were living 3 not too far away, and Eloria was no longer with him, and 4 Coda had -- Coda was with Keith. 5 BY MS. HARBAUGH: 6 Q I see. And so when you got married, you 7 essentially became a step-mother to Coda? 8 A Yes. 9 Q What type of activities did you undertake 10 whenever you got married and resided in the same household 11 with Keith and the child? 12 A Activities with Coda? 13 Q Yes. 14 A Everything. I mean at the time he was 15 small. He was only five. So he wasn't involved in 16 school, but immediately upon him, you know, coming to live 17 with me, I noticed he didn't know numbers, colors, I mean 18 things like that. So I started, you know, basic education 19 with him, everything. We went to church together. We 20 went to any activities; the zoo, the library. We got a 21 library card immediately, and Coda and I did almost 22 everything together. 23 He had missed some of his injections as a 24 child when he wasn't obviously in my care. The doctors 25 visits, I took him immediately and got him up to date with 7 1 his injections. The dentist visits. 2 After a little bit of time together I 3 realized that Coda was having some issues in the home. 4 He was urinating in corners of the room. Activity was a 5 little abnormal as far as his behavior was hyperactive. I 6 started him with a psychiatric evaluation, counseling. 7 We've been continuing with counseling for the past few 8 years. 9 Q What types of events did Mr. Corn 10 participate in with the child? 11 A As far as participating with him, I mean it 12 was very limited. As far as -- well, later on in Coda's 13 reading program I would beg him to read with him at night, 14 you know, to sign the form, and the form had all of my 15 signatures, and probably two of Keith's for the year. 16 I had to beg him when Coda was in Tiger 17 Scouts. One time he went with him to an activity to 18 Indiantown Gap, and I would have to force him to do things 19 with him. Coda was mostly with me all of the time. 20 Q And at some point Coda entered school? 21 A Yes. 22 Q And the early part of his schooling, can you 23 tell us a little bit about how he adapted to that? 24 A Sure. In 1999 I put him into the YMCA 25 program for kindergarten. Coda was never in a structured 8 1 formal program before and had a real hard time with 2 kindergarten. That was in August. The end of August he 3 started. The teachers were showing their concerns right 4 away with activity. 5 October of 1999 I got a phone call that he 6 could no longer be in the program. They thought he was, 7 you know, a little too immature, and wasn't up to par with 8 his, you know, basics, and so they asked me to take him out 9 of the program. 10 Q What did they suggest at that time? 11 A Another psychological evaluation. They 12 thought there were other possibilities, you know, for 13 things going on with him psychologically or chemically, 14 emotionally, and they asked that I, please, get him in 15 counseling and possibly give me a little more time to work 16 with him on my own, and he would be ready for the next year 17 for school. 18 Q And at some point there was a custody action 19 that was brought while you were married to Mr. Corn between 20 Mr. Corn and the actual mother; is that right? 21 A Yes, correct. 22 Q And when that occurred, you were a 23 stepmother at that time? 24 A Correct. 25 Q Okay. 9 1 A That happened February 14th of 1998. As 2 soon as we got married Keith had Coda. Eloria apparently 3 just gave him to Keith and didn't want to deal with him 4 anymore. So Keith had him, and we had no formal custody 5 agreement. 6 I wanted to put him in school, you know, set 7 up doctors files, dentists, everything for him, and I 8 didn't know the status of what was going on. So I 9 encouraged Keith to, please, file some kind of a custody 10 suit, and we went in February, it was right before 11 Valentines Day of 1998, and Keith was awarded custody of 12, Coda, with visitation with Eloria. 13 Q And during that time, were you working? 14 A Yes, I was. 15 Q And what were you doing? 16 A I was working for the support -- Center for 17 the Support of Families, traveling to all 67 counties in 18 Pennsylvania, training County workers on a database system. 19 Q Did you have any kind of education that was 20 involved with that? 21 A Yes. I have a Master's degree in training 22 and organization development, and I'm working on my 23 doctoral degree in adult education. 24 THE COURT: I neglected to write down the 25 date of your marriage to Mr. Corn. 10 1 THE WITNESS: January 2nd, 1998. 2 THE COURT: Thank you. 3 BY MS. HARBAUGH: 4 Q Cynthia, at some point after you got your 5 custody order initially in 198, my understanding is that 6 Miss Romo then was awarded some partial visitation; is that 7 correct? 8 A Correct. At the February conciliation 9 hearing she was awarded visitation. 10 Q And did you -- were you involved at all in 11 the custody exchanges for his visits with Miss Romo? 12 A Constantly. Keith didn't have a driver's 13 license. So I was the one that would take him over and 14 pick him up and drop him off. Keith went over 15 occasionally with Miss Romo, but there was always a 16 confrontation of some kind, a plate was thrown, Coda was 17 thrown out of the house at one point in time by his arm, 18 and I got involved, and at a later conciliation hearing had 19 the point of exchange changed from her residence to the 20 North Middleton Police Station so there wouldn't be anymore 21 problem or hopefully not be anymore problem. 22 Q And once you changed that location for 23 exchange, was there visitation exercised by Miss Romo on a 24 regular basis? 25 A Absolutely not. She was incarcerated for 6 11 1 months of time, and after that she demanded to see Coda for 2 the weekend. She saw him for one or two weekends, and 3 then did not see him for 6 months of time, and I have 4 police reports to prove that every single time I was at the 5 North Middleton Police Station, I got a police report that 6 she did not show up. We would sit at this police station 7 for 30 minutes for 5 to 6 months at a time, and she just 8 didn't bother to show up, didn't call, no notes, nothing. 9 Q Did you exhibit any problems with Coda at 10 that point whenever he wasn't having contact with his 11 mother? 12 A Not any additional problems more than 13 normal, you know. He had behavioral issues when I got him, 14 and he continued counseling the entire time, and still 15 continues it today, but nothing abnormal from that. I'm 16 sure he was disappointed sitting, waiting for his mother 17 at the police station and have her not show, but there was 18 nothing abnormal as far as his behavior, no, not at that 19 point. 20 Q And when the mother would exercise her right 21 to partial custody visitation, what happened whenever Coda 22 would return from those visits with his mother? 23 A Coda would return. I would pick up Coda 24 normally at the police station. It wasn't always Eloria 25 that would drop him off. Sometimes friends or other 12 1 people. He would usually have the same clothes he had on 2 when I dropped him off on Friday, dirty. Neither one of 3 the -- well, Eloria at that time never had clothes for Coda 4 at all. She never purchased any clothes, never gave any 5 kinds of support monetarily, emotionally, you know. It 6 was all just me. 7 Coda was often disappointed that his mother 8 wasn't there for a week. In fact, he was with her in 2000 9 for vacation. We were at the seashore, and Eloria was 10 very emphatic that she wanted Coda for her week the 11 following week. I dropped Coda off for the week with a 12 bag of clothes, obviously. 13 Coda came home very disappointed. He said 14 he was only there for two days, and his mother left and he 15 didn't see her the rest of the week. He was with Bob 16 Dewalt, her then husband or maybe a boyfriend at that point 17 in time. I'm not sure of their wedding date. 18 Q Now, at some point -- I understand Kota's 19 taking some medication now? 20 A Yes. 21 Q okay. What led up to the decision to put 22 him on medication? 23 A Well, as I said, when he was in kindergarten 24 at the YMCA there were issues there. He had -- he 25 actually threw a bucket of water on his teacher's head, 13 1 just running around out of control. Family members had 2 told me they had similar problems with him on family 3 outings, but nobody really took him for any kind of 4 counseling or evaluation. 5 And as soon as I saw -- started seeing a 6 pattern in the household, again, some peculiar, you know, 7 urinating in corners of the room, defecating and wiping it 8 on the walls, a five year old shouldn't be doing those kind 9 of things, I took him for an evaluation to, first, the 10 family doctor, and she recommended a specialist, Dr. Janice 11 Andrews, who works out at Holy Spirit Hospital, who's a 12 premier child psychologist, and she did a full evaluation 13 on Coda, Keith, and myself, and she recommended that he get 14 some kind of medication for the problems he was having. I 15 then followed up with the family doctor. 16 Q Do you know, if you can tell the Court, what 17 the diagnoses are that they've indicated to you to need 18 medication? 19 A 20 Hyperactivity 21 Post-traumatic 22 past and being 23 Q 24 A 25 Q Certainly. ADHD, Attention Deficit Disorder; ODD, Oppositional Defiant Disorder; Stress Syndrome from being abandoned in his neglected were the primary three. What is he taking currently for those? His current medication is Adderall. Does that seem to be working? 14 1 A Yes. At this point in time he's taking 30 2 milligrams of Adderall in the morning and 30 in the 3 afternoon. 4 Q Did you have any difficulty when this 5 medication was first prescribed with either Mr. Corn or 6 Miss Romo agreeing to allow the child to take the 7 medication? 8 A Yes. At the time -- this was during 9 Eloria's missing period. I didn't know where she was. I 10 had sent a letter, which I had in my file, to her regarding 11 this medication, and Keith was very much against it. He 12 said that, you know, no son of his is going to take any 13 kind of medication. There's no problem. The 14 psychologist that we went to see, he called her a shrink, 15 and she didn't know what she was talking about. He was 16 very much against it. 17 Q But you eventually were able to administer 18 the medication, and it helped? 19 A Yes. Absolutely. Immediately. And the 20 point with the medication, it wasn't even a behavior 21 modification because we were working between the teacher 22 and at home for true behavior modification practices, but 23 the medicine was to help him concentrate for school, which 24 immediately he turned around. 25 Q Whenever Coda would come home from visits 15 1 with his mother, in addition to the clothing being the same 2 as was whenever he left -- 3 MR. ROMINGER: Objection, leading. 4 THE COURT: Well, I think she was just 5 repeating what she understood the witness to have said. 6 MS. HARBAUGH: That's correct, Your Honor. 7 THE COURT: Okay. You haven't asked a 8 question yet. 9 MS. HARBAUGH: I'm getting there. 10 THE COURT: So I don't know whether the 11 question will be leading or not. 12 BY MS. HARBAUGH: 13 Q In addition to the clothing issue? 14 A Yes. 15 Q When he had returned from his mother's, is 16 there anything else in his behavior or things he would 17 relate to you that caused concern for you? 18 A Oh, absolutely. He expressed graphic 19 detail for sex acts when he was five years old directly 20 after coming from his mother's home. 21 Q Can you explain what those were? 22 A Did you want me to repeat them for the 23 Court? 24 Q Yes, please. 25 A He asked me why boys would ever put their 16 1 penis in a girl's mouth, that he saw that at his mother's 2 house, and he thought that was disgusting, and he was very 3 confused about it, and he was coming to me to ask me why 4 this would happen. 5 He also said his mother smokes from a pipe, 6 and he wanted to know why. He also told me that while she 7 was pregnant with another child he told her to stop 8 drinking because she was drinking excessively, and she told 9 him just to shut up. These were things he learned in 10 school. The officers come in and tell him these things, 11 and he was very upset that she did this to him. 12 Q What did you do to talk to him about that 13 situation? Did you talk to him about it? Explain 14 anything to him? 15 A Oh, absolutely. We talk about everything. 16 I mean he -- you know, he comes to me with problems, 17 issues. I'm trying to get him to actually bring his 18 feelings out a little bit more, and we're working with the 19 counselor on that as well. 20 Obviously, a five year old, to see something 21 like that, was confused. He heard noises. He thought she 22 was in pain. You know, we talked through it. And the 23 drug use, again, you know, I said to him that, you know, 24 keep informing her that this is not right. You have a 25 right to do that. That's what they teach him in school. 17 1 Q And at some point, Cynthia, did you end up 2 separating from Mr. Corn? 3 A Yes. 4 Q Why don't you explain the circumstances that 5 led up to that? 6 THE COURT: I don't want to get into too 7 much detail about the merits of the underlying action with 8 the limited time that we have available. So be careful how 9 you tailor your testimony. I'm concerned about her role 10 that she has played in the life of the child for purposes 11 of standing. 12 MS. HARBAUGH: Yes, Your Honor. 13 THE COURT: Go ahead. 14 BY MS. HARBAUGH: 15 Q Let's talk about what happened whenever you 16 separated from Mr. Corn in relation to Coda. 17 A Okay. Keith and I had a physical 18 altercation in July, and we decided to -- he actually 19 punched me. We decided he was going to go to counseling. 20 We would try to work it out. In August of 2001 he came 21 home and just said he was leaving. He didn't want to be 22 with me anymore. He was leaving. He left that night and 23 left Coda with me. He wouldn't tell me where he was going. 24 He returned the next day, picked up clothes, 25 didn't say -- came in, and didn't say a word to Coda. Coda 18 1 was sitting eating cereal at the table. He didn't say a 2 word to me but I'm sorry, got clothes, and walked out the 3 door. He didn't return for five days later. He totally 4 abandoned us. 5 He wouldn't tell me at that point in time 6 where he was going to be, what he was doing. He just said 7 that he was going to keep Coda with me, and retain him 8 there for the school year, and I didn't say anything about 9 that. I mean he was keeping Coda there, and he wouldn't 10 tell me where he was living. He came in and subsequently 11 got his possessions and clothes and things after that. 12 Q But you didn't necessarily verbally agree 13 with him that Coda could only remain through the school 14 year? 15 A No. I never said anything to him. He had 16 requested that Coda stay through the school year, and then 17 shortly before Christmas said that possibly he was going to 18 have Coda stay for the following school year too because 19 his job was not secure, and I never agreed to anything. 20 My full intention was to get custody of Coda. I've been 21 his primary caregiver. No one else has done anything with 22 him as far as doctor visits. I mean physically, 23 emotionally, mentally, that's all been me. 24 Q At some point did you find out where Mr. 25 Corn was? 19 1 A Yes. He got a house in Carlisle with a 2 roommate. 3 Q And do you know how long he was there? 4 A He was only there, I think, from October 5 until January. In January he moved up to Perry County in 6 Duncannon, where he's residing now on a chicken farm. 7 Q Eventually though you allowed Keith to see 8 him on the weekends or he would ask to see Coda on the 9 weekends? 10 A Yes. I had no objection to him initially, 11 you know, seeing Coda for the weekends. Keith started 12 off, you know, with a weekend here or there, and this was 13 after he had his own residence. I did not -- you know, he 14 didn't see him prior to that, but initially, you know, he 15 saw Coda for the weekend, and one or two weekends were 16 fine. Then he started returning Coda early saying he 17 couldn't deal with him. 18 He would say he was coming over at 4 p.m. to 19 pick him up. He wanted to pick him up early. Make sure I 20 was there, he was ready. He would call me at 4:30 saying 21 he was in the shower. He would call me at 6:00 saying he 22 was at dinner. He'd call me at 10:00 and say he's in the 23 bar, he might show up at 11:30. 24 A couple times he just said forget it. I'll 25 pick him up tomorrow. So we would be sitting waiting 20 1 during this time. A couple times he picked him up on a 2 Saturday, returned him Sunday, and just said, I can't deal 3 with him. You take him. 4 The last time, which was previously to the 5 filing of the order, he said he was taking Coda for the 6 weekend. He picked him up at 11:00, and I said, now, 7 Keith, you're going right home, and he said, yes, I'm going 8 right home. Where else would I go? 9 I came back, you know, Sunday to pick him 10 up. I called Keith. I said, where's Coda, and he told me 11 that he didn't know. I said, what do you mean you don't 12 know? And he said, well, I dropped him off at my 13 ex-girlfriend Eloria's house, and for another person to 14 pick him up at 3 a.m. when she got done bartending, and 15 that he's either with her or with my mother right now, I 16 don't know. You find out. And he hung up. 17 So he did have visitation, but it was 18 infrequent, and it was scattered, and at that point I 19 didn't even know where he was a lot of the time to try to 20 pick him up on a Sunday, and he had school on Monday 21 morning. 22 Q After the time that Mr. Corn moved out, who 23 maintained financial responsibility for the child? 24 A I did. I paid for child care, for dental, 25 everything. Keith did give me money. He gave me $100.00 21 1 a week for about a month or so, and then he said if I tried 2 anything funny, if I tried to file for child support he'd 3 take Coda. If I tried to take my Jeep away from him which 4 he was still driving, he would take Coda. 5 If I tried to, you know, do anything of any 6 sort that was out of what he wanted me to do, he would just 7 take Coda. In front of Coda he would tell him this. So 8 this child became absolutely fearful of being taken in the 9 middle of the night. So Coda started all kinds of erratic 10 emotional behavior; hair twirling, lip licking. 11 He eventually -- after one of the 12 visitations where Mr. Corn told him this, he started going 13 around the house locking all of the doors, making sure all 14 of the windows were locked every single night before bed 15 time. This is an 8 year old. He shouldn't have to go 16 through that. So we're working with the counselor on those 17 behaviors. 18 Q Have you gotten him involved in other 19 activities that he enjoys? 20 A Yes. We started a couple other activities 21 for him that he really likes. He still has his counselor 22 once a week. That's been consistent, and he enjoys going 23 to see her. They do actually play activities, you know, 24 painting, getting out feelings, but we also started karate 25 twice a week, which he really enjoys. It teaches him 22 1 discipline as well as getting some of that activity out. 2 Q And you notified Mr. Corn that he's involved 3 in these activities? He's aware of that? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Yes. Q Now, eventually you filed this emergency petition and a complaint for custody. Do you want to explain to the Court what led up to that? A Well, the fears with Coda were initially what was going on. It was just ridiculous for an 8 year old to be behaving like that and being totally afraid and having his parents telling him that they would be taking him away, and that he would never see me again. Like I said, he's been with me for everything. I mean we've been together. He was just -- he's really afraid that he'll never see me again. So that was one thing. The drug use from both of them, you know, from Eloria and Keith. Coda -- for one of the pickups Coda said, dad was smoking those little cigarettes he rolls by himself in the Jeep again on the way home. I told him to quit that. So that, and the erratic visits from the two of them. Again, you know, the violence in the history of our case. Keith has a history of violence from previous assaults, and he's served time for them, and he mistreated Coda a couple of times, which I called Children 23 1 and Youth about, and they informed me that since there were 2 no physical bruises or broken bones there was nothing they 3 could do. 4 Q Now, since the emergency order was signed by 5 the judge giving you primary physical custody, has he seen 6 his parents at all? 7 A He has seen his father once in an erratic 8 visit at his -- 9 Q Why don't you tell the Court a little bit 10 about that? 11 A Which was the start for the PFA. 12 MR. WOLF: Your Honor, I'm going to object 13 on the grounds that this is outside the issue of the 14 standing. It's been resolved as those events with the 15 agreement we've already signed, and it's not relevant at 16 this time. 17 THE COURT: Well, I think, based on what 18 I've heard right now, if she's not en loco parentis, I 19 don't know who would be. Now, maybe there will be 20 something about their cross examination that will disabuse 21 me of that notion. 22 MS. HARBAUGH: Thank you, Your Honor. 23 THE COURT: Go ahead. 24 CROSS EXAMINATION 25 BY MR. ROMINGER: 24 1 Q Who owns the Jeep you said you let Mr. Corn 2 use? 3 A I didn't let Mr. Corn use it. 4 Q Now -- 5 A Did you want to know who? My mother, 6 Rosemarie Petrovich, has ownership of the Jeep. I did not 7 permit Mr. Corn to use it after he left in August. 8 Q Now, you filed this complaint in March? 9 A Which complaint? 10 Q The action you filed against Mr. Corn and 11 Miss Romo; is that correct? 12 A I'm not sure of the exact date. I'm sorry. 13 Q When did you and he separate? 14 A August 30th of 2001. 15 Q Now, you've described that you were the 16 primary caregiver of the child? 17 A Correct. 18 Q You said previously you traveled to all 67 19 counties as a result of your job? 20 A I did not personally travel. The PASCES 21 team traveled to 67 counties. 22 Q You never went to any of the 67 counties? 23 A I did go to some of them, yes. 24 Q And when you traveled who took care of the 25 child? 25 1 A Keith and Coda came with me. We traveled 2 together. Keith quit his job to be with me and did not 3 work for years while I was traveling on the road. My 4 company paid for all of the hotel bills. We later 5 purchased a trailer, and the family came -- we went 6 together. I wouldn't leave my family. 7 Q And the mother has filed and taken Mr. Corn 8 to at least three conciliations in another case. Isn't 9 that correct? 10 A I'm not sure how many. I'll believe you. 11 Q And most recently it was a 2001 -- March of 12 2001 you were at a conciliation? 13 A I was probably sitting outside. I wasn't 14 involved inside. 15 Q Now, you did hire Mr. Hanft, correct? 16 A Yes. 17 Q And you did communicate with him about the 18 case? 19 A Yes. 20 Q And at one point when the mother asked for a 21 contact number, for instance, you gave your cell phone 22 number as the contact number? 23 A Yes, because Keith didn't want to have any 24 contact with her. He requested that I do that. Those two 25 have had violent histories in the past as well, and Keith 26 1 did not want to have any kind of contact with her. 2 Q Now, you said that when the child was five, 3 the child ma de all kinds of terrible disclosures to you. 4 A Terrible disclosures? 5 Q About seeing sex acts and drugs and the 6 like? 7 A Yes. 8 Q When did you first call those to the Court's 9 attention be fore today? 10 A I immediately called Children and Youth 11 Services bot h for the assaults on Coda, as well as the sex 12 and drug act s. Children and Youth on the two times that I 13 called them said unless there were broken bones or physical 14 violence as far as, you know, resulting from a PFA, 15 something of that sort, there was nothing they could do. 16 Q Well, did you ever seek to have those raised 17 in any of the three previous conciliations? 18 A That was their conciliation. I was not 19 allowed in. 20 Q And when you talked -- 21 A I brought those up to the attorneys, yes. 22 When I spoke to them, yes. 23 Q Let me just ask you it this way. Did you 24 ever -- you knew the entire time that you were taking care 25 of Coda that the mother maintained an interest in the 27 1 child? 2 A No, I did not know that. How can I assume 3 that when she didn't show up for 6 months at a time? 4 Q You raised -- didn't you complain or raise 5 the issue of the failure to show up, and didn't the Court 6 previously resolve that? 7 A How did they resolve it? 8 Q You were at the conciliation March of last 9 year? 10 A No, I was not entered into -- I was sitting 11 in the waiting room. I'm not in any of the conciliation 12 hearings. 13 Q So you're not aware of whether the Court 14 addressed that issue already? 15 A No, I don't know. 16 Q Mr. Corn never shared any of that with you? 17 A No. That was between -- I talked to the 18 attorney. They would tell me the final outcome, but as 19 far as what was discussed in the conciliation, I have no 20 idea. I would talk to the attorneys myself since I'm the 21 one who retained them and hired them and paid for them, 22 but, you know, I would voice my concerns, and, in fact, 23 Michael Hanft was a personal friend of mine, and Keith 24 stormed out and said I'm going to leave here before I end 25 up punching you at the last conciliation hearing with 28 1 Michael. So what was resolved, Michael and I have had no 2 contact sinc e then. 3 Q Did you and Mr. Corn ever try to have a 4 child? 5 A No. Well, we talked about it, and then -- 6 we did talk about it, and then we -- things were falling 7 apart betwee n the two of us so we never followed through 8 with it. 9 Q You guys were together how many years? 10 A Three and a half years we were together. 11 Q And before that you were with Mr. Dewalt? 12 A For years previously to that I had dated 13 Mr. Dewalt, yes. 14 Q Who's now married to my client? 15 A Yes, but that had been -- we had not been 16 together for over three years prior to that. 17 MR. ROMINGER: I don't have anything 18 further. 19 CROSS EXAMINATION 20 BY MR. WOLF: 21 Q You said that you weren't aware of how long 22 Keith had had Coda in his custody prior to the time when 23 you became involved with him, right? 24 A No. Keith did not have a custody 25 agreement. So I knew that he did not have custody. As 29 1 far as in his care, no, I don't know physically how long it 2 was. I know he and Eloria -- after his incarceration, he 3 got out and they were back together again. They were 4 living at the house on North Middleton Road, and they had 5 an altercation, and Eloria just said, you take him for a 6 while, and pretty much gave Keith Coda. There was no 7 physical custody agreement, no. 8 Q But Keith was the primary caretaker before 9 you and he became involved, right? 10 A I don't know that. 11 Q Well, you said he was in his care, right? 12 A I don't know that. He was in his care when 13 I met him. 14 Q That's what I'm asking. 15 A He showed up at my home with him. Prior to 16 that I have no idea what the two of them -- what occurred. 17 Q And you said that you were working at the 18 time, right? 19 A Correct. 20 Q And who were you employed by? 21 A Center for the Support of Families in 22 Washington D.C. 23 Q Was that the only employer that you had had 24 during the time that you were with Mr. Corn? 25 A No. I worked for the Center for the 30 1 Support of Families installing the PASCES database for the 2 County and training County workers. I was mostly in 3 Harrisburg, but I occasionally did have to go to the 4 counties, which the family traveled with me. Then that 5 project ended. It was just a 2 year project. 6 Q When did it end, approximately? 7 A '99. 8 Q Okay. 9 A July of 199. I worked on the same project. 10 They picked me up with American Management Systems, AMS in 11 Harrisburg as a consultant. I was in Harrisburg full-time 12 with no travel. 13 Q Okay. And that was in 1999? 14 A Um-hum, to 2000. 15 Q And what happened in 2000? Were you 16 employed throughout the year? 17 A American Management System was a one year 18 contract as a consultant. I just signed the one year 19 contract. That contract ended. American Management 20 System was then asked to leave the project, and just left 21 the primary contractor there in Harrisburg. 22 American Management Systems gave me the 23 option of moving to either Washington D.C. or New York 24 City, which I refused. I didn't want to leave the area 25 and uproot everybody in the family. Keith's primary 31 1 family was here in Carlisle. So I searched for a job and 2 found a job wi th CTS Reeves in Carlisle, which is a local 3 job, and there was no travel. 4 Q That required no travel at all? 5 A Correct. 6 Q Now, during the time that you did have to do 7 some travel, you said that -- you testified earlier that 8 you took Keith and Coda with you, right? 9 A Correct. They came with me. 10 Q Now, when you were taking -- or when you 11 were performing your work obligations, who was taking care 12 of Coda? 13 A I would assume Keith did. Now, when you 14 say taking care of Coda, what specifically -- 15 Q In whose care did you leave Coda? 16 A Keith. 17 Q Okay. 18 A That was at the beginning of our 19 relationship, and things were going well. 20 Q Okay. Now, you had said that at some point 21 there had been an abusive situation that occurred between 22 you and Keith. That wasn't alleged prior to today, was 23 it, in any court documents regarding the -- 24 A I have never been to court before. 25 Q And so this is the first time the Court is 32 1 hearing that there was any sort of altercation, correct? 2 A Correct. Between Keith and myself? Yes. 3 Q Now, you say that Mr. Corn left at the end 4 of August. At that time you said he also told you that he 5 wanted you to keep Coda for the school year with you. 6 A Well, when he left, no. He left, and just 7 left us. I didn't know where he was going. He just left 8 Coda with me, and Coda's statement was that's okay, Cindy. 9 We don't need dad with us. 10 Q okay. Now, could you repeat that? I'm 11 sorry. 12 A Coda's statement was that's okay, Cindy, we 13 don't need dad with us. Keith just left us and abandoned 14 us. 15 Q Now, Coda was how old? Seven at that time? 16 A He was 7, yes. 17 Q And how was he aware of exactly what Mr. 18 Corn's communications would have been with you? 19 A As far as? 20 Q How would he have known the word abandoned, 21 as you've just used it? 22 A Coda didn't say that word. I said Coda said 23 it's okay, Cindy, we don't need dad with us. Keith, the 24 previous two weeks prior to that in July, physically struck 25 me. Coda was scared to death he was going to hurt me 33 1 again. In October when I tried to get my Jeep back from 2 Keith, he physically pushed me and I fell on the ground, 3 and Coda said -- 4 Q Did you ever report any of this to the 5 police? 6 A Yes, I did, and Coda said, it's not worth 7 it, Cindy, just let dad have the Jeep. As long as we're 8 okay, just let him take it. Yes, I did report it to the 9 police. 10 Q So you're taking the advice of a 7 year old 11 on how to manage your life? 12 A Absolutely not, but my primary concern is 13 his well being, and I don't want him upset or to see any 14 kind of violence like that. I don't want him to go 15 through his life thinking domestic violence is right. 16 Q Did my client come to your house over the 17 period of time after your date of separation to perform 18 repairs on your house? 19 A Yes, twice. 20 Q Twice. And were they single incidents that 21 he was there, that he would just come and do whatever was 22 necessary and then leave? 23 A Yes. 24 Q Or were they ongoing projects like painting 25 the house? 34 1 A No. Prior to Keith leaving in August, he 2 decided at that point in time to rip up the carpet in my 3 Florida room, knock out a wall between my kitchen and 4 dining room, and rip up the floor in my kitchen and dining 5 room to put in a hardwood floor. He then proceeded to 6 leave August 30th and abandon us and leave all of these 7 projects half -- excuse me, half assed. 8 He left a hole all the way to the basement 9 in the floor with just two by fours over top of it, and I 10 didn't want Coda to be damaged. I bugged -- you know, any 11 of us walking in the kitchen at night could have fallen 12 right through the floor. 13 Q Did he come back and fix it? 14 A I bugged him and bugged him and weeks later 15 he came back and put down plywood flooring so at least it 16 was safe to walk across. He never did finish those 17 projects. I'm still hiring people to come in little by 18 little as I have the funds to finish those projects. He 19 did come on two isolated occasions for a short period of 20 time. I would say about an hour. 21 Q I think you've answered my question. 22 A Okay. 23 Q Just so that we can be clear, I wanted to 24 make sure that he did came back and at least on some 25 occasions perform work there? 35 1 A He had initially promised to complete them, 2 and then when he started saying he was going to take 3 Coda, he said, no, that he was not going to come any more 4 to complete the projects. It was my problem. 5 Q My client also, you said, voiced an interest 6 in maintaining a relationship with his child, and -- 7 A And how did he prove that, by dropping him 8 off -- I'm sorry. 9 Q My client picked up his son and had 10 visitation with him on weekends, did he not? 11 A Some weekends, yes. When he choose. When 12 it was convenient for him. When he chose to do so, yes. 13 Q But he did have and did express an interest 14 in an ongoing relationship with his child, right? 15 A And I tried to encourage that, but he would 16 also drop him off at inconvenient times. 17 Q I didn't ask you that. 18 A At other places, and it wasn't on a 19 consistent basis, and he endangered him by leaving him with 20 strangers. 21 Q Were you there? 22 A No. This is from Coda. Coda told me 23 these things. When I come home Sunday to pick up my son 24 and I have no idea where he is, that's a problem. When 25 his father doesn't know where he is, that's a problem. 36 1 MR. WOLF: If I could have a moment, Your 2 Honor. 3 THE COURT: Sure. 4 BY MR. WOLF: 5 Q You said that you notified Mr. Corn of the 6 activities that my client was involve -- that Coda's 7 involved in now, the karate and whatever the other 8 activities were; is that right? 9 A Yes. 10 Q When did he -- when did you involve him in 11 those activities? 12 A Kota's had the same counselor for the past 13 four years now. 14 Q I'm talking about -- 15 A You said the other activities. I also 16 mentioned counseling. He has had the same counselor for 17 years now. The karate I had mentioned to him. At 18 Christmas time that was one of his Christmas gifts, that I 19 was putting him into karate. I invited Mr. Corn over for 20 Christmas Day as Coda opened up his gifts, and he was aware 21 of it on Christmas Day. We discussed piano lessons and 22 karate lessons. 23 Q So my client, according to you, never 24 discussed an interest in only leaving Coda in your care for 25 the school year so that he did not uproot his schooling 37 I that year? 2 A Could you repeat that? 3 Q Was my client ever -- did he ever tell you 4 that he wanted to have Coda come live with him after the 5 school year, but did not want to interrupt his school year? 6 A Initially Keith just left us and said 7 nothing. Later on he had said, yes, he only wanted him 8 there for the school year, but I never agreed to that. My 9 intention was to try to keep custody of him because of the 10 lack of parental guidance from either one of them. 11 Q But he indicated an intention to you to keep 12 his parental rights, didn't he, and to have custody of him? 13 A What are parental rights? To have custody 14 of him? 15 Q To have custody of him. After that school 16 year he voiced to you an intention to have custody -- 17 A At one point in time yes, he did, and then 18 afterwards he said that he might be there for a second 19 year. 20 Q That's all I asked. 21 THE COURT: Okay. 22 MR. WOLF: I don't have any further 23 questions. 24 MR. ROMINGER: One or two follow-up 25 questions. 38 1 RECROSS EXAMINATION 2 BY MR. ROMI NGER: 3 Q In your petition you list my client's 4 address as unknown? 5 A Yes, because when I initially filed it I did 6 not know th e address. 7 Q You had no contact with her? 8 A To where? 9 Q You had no contact with her? 10 A With him? 11 Q Her. 12 A Oh, no. 13 Q You didn't know where she was? 14 A No. 15 Q You didn't know she was in Clearfield 16 County? 17 A No, not until I filed a Domestic Relations 18 Act against her, and they let me know that she was in 19 Clearfield County. I filed it in Cumberland County, and 20 they let me know she was in Clearfield County. 21 Q You actually filed an action in Clearfield 22 County against her, didn't you? 23 A When I filed in Cumberland County, they let 24 me know her address on the system was Clearfield County. 25 Q And you never had any contact with her 39 1 while she was in Clearfield? 2 A No, none. 3 Q And Keith never told you where she was? 4 A He said she was up in Scranton somewhere, is 5 what Keith told me. 6 MR. ROMINGER: Nothing further. 7 BY THE COURT: 8 Q So when, to your understanding, was the last 9 time that Miss Romo had visitation with the child? 10 A New Year's Eve. 11 Q Of this year? 12 A Yes. Oh, I'm sorry. I'm sorry. There was 13 a March date because we had -- I don't have the exact date. 14 I'm sorry, Your Honor. There was a March date where I had 15 to -- Keith refused to come down from Duncannon to pick up 16 Coda. So he asked that I go to 1610 Longs Gap Road, 17 Eloria's previous address, to pick him up. 18 I was uncomfortable doing such because of 19 the order being at the North Middleton Police Station. I 20 asked if a police officer could ride with me to avoid any 21 altercations. He did show up there at the residence. 22 Eloria refused to give Coda back to me because a police 23 officer was there. I went home. As soon as I walked in 24 the door she called me and said, it's fine. Come pick up 25 Coda. I want you to have him back. 40 1 Q And while you're on the stand let me ask you 2 what, if any, visitation pending conciliation that you 3 would find appropriate, any visitation between the child 4 and his natural parents? 5 A I would suggest guarded visitation of some 6 sort. They have mentioned to him in the past that they 7 would snatch him. Eloria has tried to take him previously 8 for other -- prior to being with me. So I would be 9 comfortable with guarded visitation at this point in time. 10 Q Supervised visitation? 11 A Yes, correct. 12 Q All right. Thank you. 13 A You're welcome. 14 MS. HARBAUGH: That's all we have at this 15 time, Your Honor. 16 MR. ROMINGER: Your Honor, in terms of 17 standing, I'm not certain I need to call my client or not. 18 I have an opinion I want to hand up. It's from this court 19 decided in 1993 by Judge Bayley. It's W versus S, and 20 it's 20 Pa.D&C the 4th, 441, and in there Judge Bayley 21 quotes the Superior Court for the proposition that a third 22 party cannot place himself en loco parentis status in 23 defiance of the parents wishes, in a parent child 24 relationship. 25 The problem is, and I understand the Court's 41 1 observation, if anybody would be loco parentis she would 2 be, absent an interested parent, in this case two 3 interested parents, a mother and a father. A child can't 4 have two mothers and two fathers. 5 There is, and this Court has in the 6 Prothonotary's office, of record an extended custody case 7 between the mother and father where both have shown great 8 interest in the child and desire to be the parents to the 9 child. The Court through the conciliators, and I believe 10 Your Honor was even the one who signed this conciliation, 11 has never found either parent to be unfit or unavailable, 12 and both obviously have maintained active interest in the 13 child. 14 Therefore, I respectfully request you 15 demurrer and not grant standing in this case because they 16 haven't shown that the parents aren't interested in the 17 child or active with the child. If you want to hear 18 testimony from our clients, we would be happy to provide 19 that. 20 THE COURT: Well, I'll be happy to read the 21 case. 22 MR. ROMINGER: I have a copy for the Court. 23 I will note that in 1993 this case was in the context of 24 grandparents because before the Grandparents Visitation Act 25 they were treated as third parties, as we now treat third 42 1 parties in general, although grandparents could now proceed 2 under slightly different status then a third party status. 3 So I ask you to read the case as it applies to a third 4 party seeking loco parentis status. 5 THE COURT: Mr. Wolf, anything you want to 6 say? You join in the motion, I assume? 7 MR. WOLF: I do, Your Honor. 8 THE COURT: Well, I haven't read the case, 9 but -- and sure, they were intensely interested in the 10 custody of this child, and have squabbled among themselves 11 over it, but that was a while ago, and there's a lot of 12 water that's gone over the dam. 13 In the meantime somebody stepped up to the 14 plate and got the kid shots and got him education and got 15 him medication and kept this kid healthy and alive, and 16 your demurrer is overruled. 17 MR. ROMINGER: We call Eloria Romo to the 18 stand then. 19 Whereupon, 20 ELORIA ROMO 21 having been duly sworn, testified as follows: 22 DIRECT EXAMINATION 23 BY MR. ROMINGER: 24 Q When was the last time you saw Coda? 25 A In the middle of March. 43 1 Q And how did he come to be with you? 2 THE COURT: Could we perhaps find out who 3 we're talking to here? 4 MR. ROMINGER: I'm sorry. 5 BY MR. ROMINGER: 6 Q Could you give your name and address for the 7 record? 8 A My name is Eloria A. Romo Dewalt, 1610 Longs 9 Gap Road, Carlisle, Pennsylvania, 17013. 10 Q When's the last time you saw Coda? 11 A It was in the middle of March. 12 Q And how did you come to see Coda? 13 A I think it was -- Keith brought him over and 14 dropped him off, and I had my weekend with him, and when it 15 came time for Coda to be picked up, I looked out my window 16 and saw a police car outside in my driveway. About ten 17 minutes later Cynthia pulled up. 18 And I was outside talking to the police 19 officer, and I told the police officer it wasn't necessary 20 for my son to have to come out here and see a police car 21 sitting out here while his stepmother is here to -- you 22 know, to exchange him. I didn't think it was necessary 23 for a police car to be in my driveway when my son was being 24 picked up. 25 Q And that was visitation you were exercising 44 1 under the Order of Court? 2 A Yes. 3 Q From a conciliation in front of Dawn Sunday? 4 A Yes. 5 Q And you had arranged that visitation with 6 the father? 7 A Yes. That's the only time I get visitation, 8 is when I arrange it with him because I never speak to her. 9 We don't have contact. 10 Q Now, have you filed -- how many times have 11 you filed for contempt in the underlying custody case? Do 12 you remember? 13 A I believe it was twice. 14 Q Who frustrated your attempts to see the 15 child? 16 A Really I can't tell you who because I don't 17 know the status of the relationship, when it was going on, 18 when it was good, and when it was bad. The only person I 19 had contact with about visitation with Coda, except for 20 three separate letters that I received through the mail 21 from Cynthia in 199, was him. He's the only one I've had 22 contact with. 23 Q And after the conciliation in 2001, March of 24 2001, how did the custody arrangement work? 25 A It didn't. I was supposed to receive calls 45 1 from my son every Wednesday, which I did not receive, 2 between 7:30 and 8:30 on Wednesdays. I had -- I knew that 3 Keith had left Cyndi, and I had moved -- I left my home 4 with my husband and went to Clearfield with my other two 5 children and started a life up there because me and Keith 6 had discussed that Coda would be remaining with Cynthia 7 throughout the school year because Coda flunked school last 8 year. 9 He had problems in school, and he was on 10 medication. I was very against the idea. I wanted him 11 with either one of us, but in the best interests of my son, 12 I swallowed it and let him stay. 13 Q Where were you going to enroll him in school 14 in the fall? 15 A Where would I enroll him if he were to be 16 with me or Keith? It would depend on how that went. 17 Q The two of you were working on that? 18 A Yeah. 19 Q Did Keith know where you were when you were 20 in Clearfield? 21 A Yes, he did. He had both phone numbers and 22 he had the address. He knew where I was. He also came up 23 there, and Coda was up there with me for a week during his 24 Christmas vacation, and Keith actually had come and picked 25 him up. I came down to get him, and Keith came, and came 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all the way up to Clearfield to pick him up. So he knew where I was residing. Q Do you act as a mother to Coda? A The best I can, yes. Q Does Coda know you as a mother? A Yes. MR. ROMINGER: No further questions. CROSS EXAMINATION BY MR. WOLF: Q Were you aware of Mr. Corn's agreement that it would only last one year? A Yes. Q And were you told whether or not Cynthia had agreed to that? A Yes, Keith had told me that she agreed to it, yes. Q And had you been aware that the agreement was going to be any longer, would you have objected to it? A Yes, I would have. MR. WOLF: I have no further questions. CROSS EXAMINATION BY MR. HARBAUGH: Q Ms. Romo. A My name is Mrs. Dewalt Q Mrs. Dewalt? It's not Miss Romo. 47 1 A Thank you. 2 Q Isn't it true that previously your son had 3 been placed in foster care? 4 A Previously, yes, he was in foster care. 5 Q And, in fact, he was actually adjudicated 6 dependent back in March of 196; is that correct? 7 A Yes, he was. 8 Q And the reason for that was because you had 9 charges of reckless endangerment of a child? 10 A I had endangering the welfare of a child. 11 That was my charge. 12 Q And you were on probation from that at the 13 time? 14 A No, and then I got an interference with 15 custody charge because I did not return my son back to the 16 state when I was supposed to. I kept my son. 17 Q In fact, during the time that Coda has been 18 with Cyndi, you did not provide any money or clothes or 19 food for the child while he was in Cyndi's care, did you? 20 A In my home, yes. 21 Q No. I'm asking when the child was with 22 Cyndi. 23 A Why would I do that? 24 Q Did you give her any money for any support 25 while the child was staying with her? 48 1 A His father was supporting him. His father 2 was working. 3 Q No. I asked you if you gave her any 4 support money? 5 A No. I wasn't asked to. 6 Q In fact, isn't it true when Coda would come 7 to stay with you on your weekends when you were exercising 8 your custody, that Cyndi actually had to give you clothes 9 and send clothes along because you didn't have clothes? 10 A The reason why -- no. The reason why she 11 -- he went back in the same clothes he was in Friday was so 12 that I returned the clothes that he came in. They were 13 washed. He had a bath. I put the clothes back on him so 14 she would have the clothes back that he had came in 15 because that was a really big issue with her. 16 Q In fact, wasn't there one occasion where 17 there was a short set that was sent along, and it was never 18 returned to Cyndi for the child? 19 A I don't keep up with short outfits and 20 shirts, and I think that's -- I don't think that's 21 important. 22 Q Well, it's only important because you just 23 stated that you always made sure he went home in the 24 clothes that he came in. 25 A Yeah, but she never sent any extra clothes 49 1 or anything like that. She never sent -- I have clothes 2 for my son. 3 Q And isn't it true that, in fact, you could 4 have been placing calls to Coda on those Wednesday 5 evenings? 6 A No. They were to be placed at his home. 7 He was supposed to call me. I was not supposed to call 8 there. 9 Q Did you ever pick up the phone to call your 10 child? 11 A Yes, many times I have, but Cynthia does not 12 converse with me. She won't talk to me. So what's the 13 sense of even -- 14 Q Isn't it true though that while they were 15 still together, meaning Mr. and Mrs. Corn, that you were 16 directed, pursuant to the custody order, to deal with the 17 father; isn't that correct? 18 A I'm not understanding your question. 19 Q At the time of the conciliation when there 20 was an order of Court generated giving you partial custody 21 visitation? 22 A Um-hum. 23 Q And Mr. Corn full custody? 24 A Um-hum. 25 Q Isn't it true that in the context of that 50 1 action you were directed to speak directly with the father 2 of your child instead of going through other third parties? 3 A It states that in the court order, yes. 4 Q Do you know who Coda's teacher is? 5 A I have that none of that information. Like 6 I told you, the last letter that I received from Mrs. Corn 7 was in 199. She sent me three letters, and that was it. 8 I got three letters within a month. I knew who his doctor 9 was in 199, which isn't his doctor now. 10 Q Who's that? 11 A I have no idea. I don't know because I'm 12 not given the information. It's supposed to be given to 13 me. It's supposed to be written to me. It's supposed to 14 be sent to me, and it hasn't. 15 Q What about the child's counselor? Do you 16 know who that is? 17 A No, I do not. How am I supposed to know 18 these things when they're not available to me? She won't 19 talk to me over the phone. 20 Q Do you know what the name of his elementary 21 school is? 22 A Bellaire. 23 Q okay. How about as far as his diagnoses 24 go? Are you aware of his medical diagnoses? 25 A To tell you the truth, the first time I 51 1 heard his medical diagnoses was her sitting right up here. 2 No, I did not know because I was not informed of my son's 3 condition. 4 Q But you do agree though that Mr. Corn was to 5 be providing that information as the child's father; is 6 that correct? 7 A Well, yeah. Actually, yes. Yes, he was 8 supposed to be. 9 MS. HARBAUGH: Thank you. I have no further 10 questions. 11 MR. ROMINGER: A little follow-up. 12 THE COURT: Certainly. 13 REDIRECT EXAMINATION 14 BY MR. ROMINGER: 15 Q Each time you would file a contempt to try 16 to compel the custody order, what would happen? 17 A Which time? You know. 18 Q If I said you were referred to conciliation, 19 is that what happened? 20 A If I was -- 21 Q You were referred to conciliation each time 22 you asked to have the other party found in contempt? 23 A What has happened? 24 Q Yeah. 25 A It was looked over. Something was modified 52 1 or something was changed, and it was never followed 2 through. The reason why I did file a modification or 3 contempt was because I wasn't getting enough information 4 about my son. I didn't know anything that was going on 5 with my son. 6 I can tell -- I could tell that he was on 7 something, but I was not informed that he was because she 8 was dropping him off and picking him up, and she would pull 9 in behind me instead of beside me or hand me a note or a 10 paper to tell me what's going on with my son. 11 I didn't even know he was on medication, and 12 he was up until 3 or 4 o'clock in the morning sometimes on 13 weekends with me, and I would wonder why, you know. What's 14 wrong? And finally I got it from Keith. I was able to 15 talk to Keith one time. I got on my cell phone, and he 16 told me that Coda was placed on medication, and I wasn't 17 aware of it. 18 Q Were you aware that Cyndi didn't want Keith 19 talking with you? 20 A Yes. 21 Q Why was that? Do you know? 22 A Yes, I do. 23 Q Tell us. 24 A Because for the past 10 years Keith and I 25 have had a relationship, an off and on relationship. 53 1 MR. ROMINGER: I have no further questions. 2 MR. WOLF: I have nothing. 3 THE COURT: Thank you. 4 MR. WOLF: At this time I would like to call 5 Keith Corn to the stand, Your Honor. 6 Whereupon, 7 KEITH CORN 8 having been duly sworn, testified as follows: 9 DIRECT EXAMINATION 10 BY MR. WOLF: 11 Q Will you state your name and address for the 12 record? 13 A Keith Edward Corn, 1236 Newport Road, 14 Duncannon, Pennsylvania, 17020. 15 Q How long have you lived there, Keith? 16 A Four months. 17 Q And before that where were you living? 18 A I'm not sure of the exact street number. On 19 South Street, directly across from the police department in 20 Carlisle. 21 Q And when did you start living there? 22 A October 1st is when I moved there. That's 23 when my lease started. 24 Q And before that? 25 A At home. I moved from home to there. 54 1 Q So you're saying that you moved directly 2 from Union Hall Road to South Street? 3 A Yes. 4 Q And you're saying that that occurred in 5 October? 6 A Yes. October 1st is when my lease started. 7 Q Now, we've heard a lot of testimony today 8 about the date of separation being the end of August. Do 9 you disagree with that? 10 A Yes, I do. We were having trouble, you 11 know, for 6 months prior to the separation, but I didn't 12 physically leave the home until October 1st. 13 Q And when you left -- 14 MR. WOLF: If I could approach the witness, 15 Your Honor? 16 THE COURT: Certainly. 17 BY MR. WOLF: 18 Q I haven't marked this before but -- 19 A I would also like to state she had mentioned 20 that I had had a roommate, and I didn't. It was just me 21 that lived there and my dogs. 22 Q I'm going to ask that this be marked as 23 Exhibit A. 24 (Whereupon, Defendant's Exhibit A was marked 25 for identification) 55 1 BY MR. WOLF: 2 Q Can you identify this document for me? 3 A This is my lease agreement from South 4 Street. 5 Q And on it, can you tell us what it says 6 under line 6? 7 A The premises shall be used solely as a 8 residence for one adult signed below and two children named 9 Coda 7, and Robbie 2. 10 Q So did you intend to take your son with you? 11 A Yes. With my landlord, that was the 12 intention, tha t my son and I and my two dogs live there, 13 and they're li sted on here also. 14 Q And who is Robbie? 15 A That was a mistake. It wasn't to be on 16 there. I don' t know how that happened. I'm still trying 17 to figure that out. He has my dogs listed on here. 18 That's correct . 19 Q But Robbie is? Who is that though? 20 A I imagine that's Eloria's son -- or 21 daughter. I'm sorry. She has a daughter named Robbie. 22 Q But you didn't intend to have her living 23 with you? 24 A No. Only -- I met with the landlord, and 25 the intention was for me and my son and my two dogs, and 56 1 that was all that was supposed to be on here. 2 Q Okay. Now, we heard some testimony earlier 3 regarding an agreement wherein Coda stayed with Cyndi. 4 Can you tell us about that? 5 A Yeah. Originally I wanted him to leave 6 with me and go with me, but I was told by Cyndi that I 7 couldn't -- he couldn't stay in Bellaire living in a 8 different sc hool district. So we talked about it, and I 9 asked her if it was possible that he stayed with her to the 10 end of the school year, and she said that was fine, and we 11 agreed to that, and it worked out fine for a while all the 12 way up until I received this petition, until then. 13 Q When you moved to Duncannon? 14 A Um-hum. 15 Q Why did you move up there? 16 A For a job offer. 17 Q And what do you do? 18 A I'm a farmer. Farm manager. 19 Q And do you have a steady salary there? 20 A Yes, I do. 21 Q How long have you been there? 22 A Four months. 23 Q And do you have housing there? 24 A Yes, I do. It's a 3 bedroom house on the 25 farm. 57 1 Q When we were talking about the agreement, at 2 what point did that agreement come about? At what point 3 in time did yo u discuss that with Cyndi? 4 A The agreement for him to stay there until 5 the end of the school year? 6 Q Right. 7 A I would say approximately 2 days after I 8 left. 9 Q Okay. When you discussed this with her? 10 A Uh-huh. 11 Q What was your understanding of her 12 intention? 13 A I'm sorry -- 14 MS. HARBAUGH: Objection. Your Honor, he 15 can't speak to what my client's intentions were. 16 THE COURT: He can speak as to what his 17 understanding was. Whether it's accurate or not, I don't 18 know, but I'll hear what his understanding is. 19 THE WITNESS: I'm sorry. What was the 20 question, Mr. Wolf? 21 BY MR. WOLF: 22 Q What was your understanding as to her 23 intention with the agreement? 24 A That he was to stay there until the end of 25 the school year and then come live with me, and then her 58 1 and Coda were to have ongoing contact as much as they 2 wanted. I wasn't going to -- we had no plans on having an 3 order drawn or nothing. We just -- whenever she wanted to 4 seem him, we were going to work it with that. 5 Q Did she voice to you an agreement to that 6 situation? 7 A Yes, she did. 8 Q To your knowledge, did she voice that 9 agreement to anybody else? 10 Q My mother had told me that she had told her 11 that also. 12 Q Okay. 13 A Because my mother had asked me if I thought 14 it was a good idea, and that's how I was aware that my 15 mother knew about it. 16 Q Did you discuss this with Coda's mother? 17 A Yes, I did. It wasn't a good discussion. 18 Q And the results of it was what? Of that 19 discussion? 20 A She was totally against it, and I convinced 21 her that we had really no other choice at the time. Coda 22 was held back, and I didn't want him to be put into a 23 different school in the middle of the year, and you know, 24 because he was held back and he was given the same teacher 25 again. 59 1 They allowed him to have the same teacher 2 that he had the year before, and, you know, I convinced her 3 for him to finish the rest of the school year because of 4 the trouble he was having, if we put him in a different 5 school, there's a good chance that he would fail again or 6 things could get worse for him. She was against it until 7 the end, but I was able to agree -- to convince her to 8 agree just till the end of the school year. 9 Q Okay. Well, let's step back in time a 10 little bit to the point where you met Ms. Corn, and can you 11 tell us how long Coda was in your custody prior to the time 12 you met? 13 A I'm not sure exactly, but I would say 14 approximately a year. When I got out of prison, me and 15 Miss Romo had talked about Coda's situation and about her 16 and I's situation, and we considered trying to date again. 17 We never got into anything serious. 18 I moved to a trailer in Newville, and Coda 19 stayed there with me, and so did Miss Romo from time to 20 time while we were trying to work things out, but it was my 21 trailer, and he stayed there with me up until I moved to 22 North Middleton with a friend, Dan Edwards. Coda and I had 23 our own bedrooms there. We shared a four bedroom house 24 with Dan, and I lived there up until I met Cyndi. It was 25 approximately a year, I believe. 60 1 Q You said you were incarcerated. When was 2 the last time you were in jail? 3 A '93 I went to State Prison. 4 Q And when were you released? 5 A '96. 6 Q Have you been in jail since then? 7 A No, I haven't. 8 Q Have you been arrested since then? 9 A No, I haven't. 10 Q After you and Ms. Corn got involved, can you 11 tell us what your involvement was with Coda's upbringing? 12 A The three of us done a lot of things 13 together. She was more into the academic end, and I was 14 more into the physical end. We had cub scouts and 15 softball. He had both, and she was more involved with the 16 schooling, and it was -- we done as much as we could 17 together in the evenings as far as going to movies and 18 Sports Emporium and whatnot. 19 I was drilling wells at the time we met for 20 Adams Well Drilling, and it required long hours. So I 21 often wouldn't get home until late in the evening, and plus 22 I was doing -- we lived in her mother's home, and I was 23 doing repairs in the home for her mother. So a lot of 24 times it involved late hours working on that, but as often 25 as we could the three of us tried to do things together. 61 1 As far as academically, she done more than me. I can't 2 deny that. 3 Q When you say that you did as much as you 4 could, at some point you were not working? 5 A Correct. 6 Q Why is that? 7 A When I first met her she had a corporate 8 training job which traveled -- required a lot of travel. 9 I'm not sure. I heard that number 67 counties. I 10 remember hearing that before when her and I were together. 11 I don't believe she done that many, but there was a good 12 many where it required three or four days travel at a time. 13 Q Did you travel with her? 14 A I can remember four occasions where all 15 three of us went together, her and I and Coda, and we 16 stayed in hotels, and this was before Coda started school. 17 But for most of the time, no, I stayed home with Coda and 18 she traveled and I had to quit my job. It was a mutual 19 thing. It's not that I was forced to quit, but we decided 20 if I was to quit my job and stay home with Coda, she could 21 continue traveling, and she finished -- I imagine it was a 22 contract, I believe, that ended with her job after about a 23 year. 24 Q So you heard the testimony before that Ms. 25 Corn offered, right? 62 1 A Yes, I did. 2 Q And you heard her testify that you had -- 3 you and Coda accompanied her on those trips? 4 A Uh-huh. Yes, I heard. 5 Q But it's your testimony now that it was only 6 four times that you can recall? 7 A Four that I can remember, yes, and we had to 8 stay in hotels. I think the last one or two trips, 9 Pittsburgh if I remember correctly, we were leasing a 10 trailer, a pull behind trailer, and we got behind in the 11 payments and it was repossessed. So that -- and then the 12 job ended not long after that. So the trailer was no 13 longer needed. 14 Q During this period of time -- about how long 15 do you think that lasted? 16 A The travel? 17 Q Yeah. 18 A With her all total or do you mean -- 19 Q With her traveling. 20 A That was a while back, but I'm saying it was 21 probably close to a year. 22 Q Okay. And how often was she traveling -- 23 or if you can give us a rough estimate of how many times 24 she traveled without you. 25 A The job required constant travel with no 63 1 local work. It was constantly on the road. So it was 2 every week she had to go somewhere different. It was -- 3 well, what it was I believe is it was like approximately 6 4 weeks in each county, is how I think it worked, where she 5 had to train a class of students, and then when that was 6 done she traveled to the next county. So I believe that 7 she would be set up in the same hotel for weeks at a time, 8 is how it worked. 9 Q So how many days would she be gone? 10 A She would come home for the weekends. If I 11 recall, maybe three or four days at a time, if I recall. 12 It was never a really long time. 13 Q Who was responsible for Coda's care during 14 that time? 15 A Both of us when I went along, but when I was 16 home it was me. 17 Q And what kind of things did you do together? 18 A Well, we had a lot of time because I had 19 quit my job with Adams Well Drilling so we did things 20 around the house, went to Sports Emporium. She was making 21 a lot of money at the time so it allowed us a pretty good 22 allowance to go do things, and we'd do as much as we could 23 in the daytime. Sports Emporium we went to a lot. He 24 really likes going there and riding the go-carts. 25 Q We heard some testimony before about 64 1 counseling and medication that your son was on. 2 A Yes. 3 Q Can you tell us a little bit about how that 4 situation developed? 5 A Yeah, he was having trouble. We had him at 6 St. Pat's for a while, and he was having behavioral trouble 7 there, and he was removed, and then he was put at the YMCA 8 for a while, and he had some incidents there where I 9 remember he throwed water on the teacher, and, you know, 10 things that were unusual, I guess. 11 He was a five year old boy so I was 12 expecting him to be bad, but he suddenly was being more bad 13 than the average, is what the schools were saying. So they 14 were suggesting medication, and we went to see a lady in 15 Holy Spirit. I can't remember her name, and if I remember 16 correctly she was the first one that wanted him on 17 medication, and I didn't want him on medication. 18 Q Why not? 19 A I wanted to try to get more counseling and 20 to get some more opinions, two or three opinions. We got 21 all three of them, right away wanted to drug him, and I was 22 hoping that we could look for other answers, counseling, 23 sports. I was diagnosed as a hyper child, and I was never 24 put on medication, and, you know, there was sports and 25 other forms, and I was hoping that we could do something to 65 1 that form with him, but -- 2 Q Okay. And the ultimate outcome, as we've 3 heard before, was that he was put on the medication? 4 A He was put on the medication. This school 5 was pushing for it, and Cyndi, of course, pushed for it, 6 and -- 7 Q Well, what happened with the school that 8 year? 9 A After they started the medication? 10 Q Um-hum. 11 A He ended up failing anyhow. 12 Q And how far through the school year did he 13 start the course of the medication, if you recall? 14 A I can't remember, but I know it was -- over 15 half the school year, I'm pretty sure, was already in. 16 Q Okay. 17 A But I can't exactly recall. He had done 18 good for a while. For the first few weeks it was like 19 everybody was amazed at the school, and then it just seemed 20 like he got immuned, and the problems didn't get worse than 21 they was originally, but it just seemed like they 22 resurfaced and -- 23 Q Now, at what point did you start working 24 again? 25 A I was off work I would say approximately the 66 1 one year that she continued traveling, and I started back 2 with Wilson Builders building homes. 3 Q And what were your work hours like? 4 A Typical construction hours. We would leave 5 early to get started at daylight, and most of the time we 6 would work until dark. 7 Q And was Cyndi working at that time? 8 A Yes. This is testing my memory, who she 9 was working for, but, yeah, she was working. The last 10 place that I remember was Reeves Hoffman in Carlisle, was 11 the last place, but she stayed employed all the way up. 12 She went from one job to another up until Reeves Hoffman, 13 and then Reeves Hoffman was the last place she was employed 14 while we were together. 15 Q Okay. 16 A And AMS I think was the place she worked 17 before Reeves Hoffman. 18 Q While you were working at Wilson Builders? 19 A Yeah, and the job she took later didn't 20 require any traveling, minimal traveling, and then she took 21 the job at Reeves, which required no traveling. 22 Q Okay. 23 A And her purpose for that was to stay home 24 with the family. 25 Q Okay. And you were in favor of that, 67 1 right? 2 A Her taking a job at Reeves? 3 Q And staying home with the family? 4 A Yeah, definitely. 5 Q And what kind of role did you take during 6 that period of time? We had heard testimony about his 7 activities in boy scouts. 8 A Um-hum. 9 Q Can you tell us anything about the 10 activities he was involved with and your involvement? 11 A Yeah. We had him in boy scouts and 12 softball at Bellaire School. There was only, I think, two 13 outings that I remember with boy scouts, and the one was to 14 Indiantown Gap, she mentioned. I had taken him to that, 15 and there was another activity. I think it was a picnic 16 at a zoo. I'm not exactly sure. She took him to that 17 one, and they had meetings each time on Moreland Avenue at 18 the Church. They had weekly meetings that we both went to, 19 and then, of course, softball was once a week in Carlisle 20 School. We would go there for softball games. 21 Q So when you say we, how often or how much of 22 the time were you accompanying Coda? 23 A At the softball games, I believe we went to 24 just about every one of them. The boy scout meetings I 25 had to miss a handful because of my work hours. 68 1 Q And during this time, obviously, there was 2 ongoing friction with Coda's mother? 3 A Yes. 4 Q Can you give us an idea of how that played 5 out in your household? 6 A Constantly. It was always a struggle. 7 Q What do you mean? 8 A I tried my best to stay out of it, but I 9 couldn't. I was always stuck in the middle. They've had 10 a hate for each other since the beginning, and all these 11 hearings and conciliations we've been to, none of them were 12 any of my plans. I never wanted to go to court once. I 13 didn't want to be here for this. I never wanted myself or 14 my son to go to court because of this. It was always 15 because of something between those two. 16 Q What did you want? 17 A I just wanted us to be happy and just -- 18 there wasn't no need for it. I wanted for Coda to see his 19 mother as much as possible because he always asked about 20 his mother. He didn't get to see her as much as -- not 21 hardly at all. 22 Q Why not? 23 A Well, a lot of it was friction among the two 24 of them. 25 Q When you say the two of them, who are you 69 1 talking about? 2 A Cyndi and Eloria. Like the last incident 3 when the police -- the last time that we were together on 4 the March visit that she spoke of, she wanted me to go get 5 him. Cyndi didn't want to have to go over there and deal 6 with her, and Eloria didn't have a way to get to the police 7 station, which is our pick up, drop off, and I couldn't go 8 pick him up myself. So Cyndi had to go do it, and for some 9 reason she called the police to meet her there before, and 10 I still don't understand why, none of us do. 11 It baffles us, but just incidents like that 12 were ongoing, and I never once had to call the police or be 13 involved in -- there was never no problem whenever, you 14 know, if I was along to drop them off because a lot of 15 times I would ride along with Cyndi to North Middleton 16 Police Station. 17 Q Now, as far as the clothing issues. 18 A Um-hum. 19 Q During the visitation. Can you tell us 20 from your recollection of what had happened? Coda 21 returning the same clothing? 22 A She had told me before -- Cyndi had made a 23 lot of complaints to me about him coming home hungry and 24 dirty, but I don't know where it's coming from because he 25 didn't appear hungry or dirty to me when he came home. 70 1 The clothes was a very big issue. I know that. Eloria 2 had moved a good bit, and she wasn't in a good financial 3 situation. 4 That's why there was never any support in 5 question because I insisted there not be any, because I 6 knew her situation, and there was times where I would want 7 to send clothes along with Coda for the weekend and she 8 would say about him coming home dirty and whatnot, but it 9 was very, very, petty every time. 10 Q Okay. How about your family, was your 11 extended family involved with Coda? 12 A Oh, yeah, definitely. 13 Q Can you describe that for us? 14 A For outings, family outings and picnics -- I 15 have a big family here in Carlisle, and we have a lot of 16 gatherings, and he goes to them. He goes to my mother's 17 house. 18 Q And he has a good relationship with her? 19 A Oh, yeah. 20 Q And how's your relationship with her? 21 A With my mother, very good. 22 Q Now, we talked about this agreement. You 23 said it was mutual, and we've also talked about what your 24 role was up to the point where you separated. What I want 25 to know is why, if you can tell the Court a little bit, 71 1 without getting into too much detail, about why you 2 separated. 3 A There's many reasons, but one of the biggest 4 reasons was the stress of the constant bickering between 5 those two. It goes to the point where it was insane. I 6 don't know if this is worth bringing it up, but her hair 7 used to be all professional and up, and when she saw Eloria 8 the next time, the next day she came home with long 9 straight black hair. 10 She found out she had a tattoo, and she got 11 one a week later, the same tatoo. I believe it's on the 12 same arm actually. She started doing a lot of things, and 13 it just started getting to me. It started driving me crazy 14 with these two. 15 Like I said, the conciliation hearings, 16 going to court, the bickering, police station pick up and 17 drop off, none of that was anything that I wanted to do. 18 It was just between those two to the point where I said -- 19 I told her on a few incidents if she doesn't start getting 20 along with her, at least seeing eye to eye and stop going 21 to court, I wasn't going to be around for it anymore. I 22 was going to take my son, and we were going to move on, and 23 that's not the main thing, but that was a big part of it. 24 Q okay. Now when you left, we talked about 25 child support. 72 1 A Yes. 2 Q What did you agree to do? 3 A To give her $100.00 a week until she started 4 working, and then I would give her 50 a week. She wasn't 5 working for the past, I don't know, 6 or 7 months that we 6 were together. It might have been longer. 7 Q Okay. 8 A Up until I left she wasn't working so I told 9 her I would give her a hundred a week, which I did, and 10 then up until she started working, and then I was going to 11 give her 50 a week until Coda moved in with me. 12 Q When did you start -- when did you start and 13 stop providing that support? 14 A I started right away in the beginning of 15 October when she said that it was all right for him to stay 16 there until the end of the school year, and it stopped when 17 I got this notice in the mail that she was filing for 18 custody because like a day or two later I also got a 19 Domestic Relations for child support paper so I figured 20 they were going to deal with it from here on out. 21 Q Okay. And from the time you separated, 22 what contact have you had with your son? 23 A At first it was as often as I could, and 24 then just up until recently she wouldn't accept any phone 25 calls. My family also tried several times to get in touch 73 1 with her. My mom wanted him for Easter and things like 2 that, and Cyndi would refuse to answer the phone. So -- 3 Q Well, when you said as frequently as you 4 could, can you give us an idea of how often you were 5 spending time with your son? 6 A At least every other weekend whenever I 7 first left up until this court business started. Every 8 other weekend. Eloria got him a few times in between so I 9 couldn't get him on the weekends she had him. And my 10 mother got him a few times in between. So I didn't have 11 him on those weekends. 12 And then towards the end, the more time went 13 on, she would say that she already had plans, and I know 14 that her and Coda do a lot of things together. So I would 15 say fine, but then it got to be habitual where they had 16 plans every time, and then she just stopped answering the 17 phone. 18 Q Okay. But during that period of time, had 19 you consistently tried? 20 A Yes, I did. 21 Q And -- 22 A I have a room for him up at my house and a 23 play room and a lot of his stuff is there, it's there, you 24 know, projects we're in the middle of that just had to stop 25 because all of a sudden I wasn't allowed to see him. 74 1 Q okay. And I also want to -- since March, 2 when this order was filed, did you continue to try to see 3 your son? 4 A Um-hum. I made several phone calls, and so 5 has my mother and both my sisters. 6 Q And what was the outcome of those? 7 A They wouldn't answer. She wouldn't answer 8 the phone. I think she did speak to my mother a few 9 times, but then after a while she just wouldn't answer the 10 phone. 11 Q If the Court were to grant the petition that 12 was filed, what had you -- have you done anything to 13 prepare for that in terms of Coda's school? 14 A If he -- what do you mean if he was to come 15 with me? 16 Q Right. 17 A Yeah, he would be starting at Newport School 18 District, is where he'll be starting at. 19 Q But that's when? 20 A That's in the fall when school starts back 21 up. He wouldn't start there this year. 22 Q How about immediately? 23 A Immediately? Yeah, my mother is willing to 24 take him to school every day. She's already contacted 25 Bellaire. They said he could finish the school year out. 75 1 You know, there's 6 weeks or so left, and my mother 2 contacted them and they said that -- I think we have to pay 3 the taxes or whatnot, which is no problem, and he could 4 continue going to school at Bellaire. 5 And I talked to my mother about just for the 6 rest of the school year him staying with her for the 7 weekdays and then coming to me on the weekends until the 8 end of the school year, and then I promised Miss Romo most 9 of the summer with him because she's been begging over the 10 last couple years for visitation. A lot of times that she 11 was accused of not showing up, she did show up. And I 12 know that from being there myself, but I was told to keep 13 my mouth shut, and for my wife I did. 14 Q Tell me this. Or please tell the Court 15 this. What's your relationship like with Miss Romo now? 16 A So much better than it has been over the 17 last 4 years of my marriage. I wasn't allowed to talk to 18 her, and things would explode when she found out I did. 19 It just got ugly to the point where I said, look, for now 20 on you take Coda, and you drop him off every week, and you 21 pick him up every week. That way I don't have to be in the 22 middle. That way there's no argument between us. 23 On the dropfoot, it would be a whole bunch 24 of suspicion and questions and just -- so we agreed that 25 she do all of the drop off and pick up, but that didn't 76 1 work either. The police were called. There was all kinds 2 of exaggerated incidents that -- 3 Q When you said that there were arguments when 4 you were involved with the pickups and dropfoot, who were 5 the arguments between? 6 A Cyndi and I about me being around Eloria. 7 Q Okay. And -- 8 A We weren't allowed to be friends during 9 this, and we were advised to be friends. 10 Q By whom? 11 A Dawn Sunday was one who told us we needed to 12 get counseling and start working our problems out. 13 Q And did you do that? 14 A We sought counseling at two places. The one 15 we couldn't afford, and the other was Helen Stevens, and 16 I'm not too fond of Helen Stevens because of a past 17 experience there. So we took it into our hands to do 18 things together ourselves. We had dinner together. On one 19 visit when we had Coda the three of us went together and 20 had spent an afternoon together. 21 Q And how did that work? 22 A That was fine. 23 Q And do you have any -- have you had any 24 conversations with Eloria regarding future care and custody 25 and visitation? 77 1 A Yes, I did. Her and I discussed rearranging 2 the order possibly, if we get through what's going on here. 3 I don't know what the outcome will be, but I've already 4 told her I would -- I wanted it to -- the custody order to 5 be different than what it was originally put up to be. 6 The custody order was Cyndi's idea. The way 7 it was written was Cyndi's idea. She hired an attorney, 8 the whole nine yards. I didn't even want a custody order. 9 I was happy with the way things were. I told her she could 10 have him every weekend or whenever she wanted, she could 11 have him, but Cyndi wasn't happy with that. It was just 12 too much contact, she figured, and so the original custody 13 order was done by her, and I wished it was never drawn up 14 because things were good before it. You know, she spent a 15 lot of money in court. 16 Q Do you have any position with regard to an 17 ongoing relationship between your son and the step-mother? 18 A Am I in favor of that? I don't want Coda 19 to suffer. If Coda wants to see her, then that's what I 20 want Coda to have. If there's visitation set up, then 21 that's what I want Coda to have. You know what I mean? I 22 know Coda loves Cyndi, and I know Coda would be hurt if he 23 didn't see Cyndi no more, and what good is that going to do 24 me? 25 Q One other question I have for you. During 78 1 the time you were together, did you attend any parent 2 teacher conferences at school? Were you involved with 3 things like that? 4 A Not many, but, yes, I know I went to two of 5 them. And the counseling problems with his behavior, a lot 6 of it I think is fabricated. I'm not sure. I wish I 7 understood the outcome of a lot of his, you know, so-called 8 incidents better. 9 Myself and my family has always seen him as 10 just an average boy, but it seems like a lot of his little 11 average things he does are just blown way out of proportion 12 and, you know, he has to go see a counselor. He has to be 13 on this and do that, but yeah, I did go to at least two of 14 the PTO's that I can remember because I know every time I 15 went to one there was always a concern of Coda's behavior. 16 It was always brought up every time. 17 And this goes back to when he was, you know, 18 four years old, and I often thought, he's a four year old. 19 They're going to do things like that, but... Some of the 20 things were unordinary. Urinating in the corners, I was 21 never aware of that happening in our home. I was never -- 22 it was never brought to my attention. I've never 23 witnessed anything like that. 24 But I do believe, I don't want to put words 25 in my mother's mouth. If she comes up here, she can speak 79 1 on that. I do believe something to that nature happened at 2 her house one time, but I do know that Coda did do the 3 defecation thing on the wall because I'm the one who 4 discovered that, and I thought that was really odd, but, 5 again, I just keep thinking back, you know. I don't know 6 if I done that when I was five, but, you know, kids are -- 7 Q And the only other thing I wanted to ask you 8 about is with regard to your knowledge of what's going on 9 in his life now. At least during the time when you were 10 separated and still seeing your son, how did you get 11 information about him or did you get information about him? 12 A I continued after the separation going back 13 to Cyndi's house. There's all kinds of repairs and 14 things. She wanted the kitchen larger so we knocked the 15 kitchen wall out. It's her mom's house. So we had to talk 16 to her mom about it, and we decided to knock the kitchen 17 wall out and put a hardwood floor in it, which is finished. 18 I did finish that. There was no hole left in the floor. 19 It's finished to this day, except for the trim work has 20 never been done, but the hardwood floor is in and done. 21 I was to paint. I was going there twice a 22 week, at least, to work on the house when I could, when I 23 possibly could get up this way, and during that time the 24 only concerns seemed to be was how soon are you going to 25 get this done? How soon are you going to get this done? 80 1 You know, the job I worked was a lot of 2 hours, and it was hard for me to get there every day, so I 3 only got there a couple times a week to work on this stuff, 4 and that was usually the topic, how soon are you going to 5 get all of these things done? I think she was concerned 6 that I was just going to leave and abandon all the projects 7 and not do them. 8 Just two days before I received my first 9 notice from the courts I installed a dog door because the 10 dogs broke the old one, and once I received this court 11 hearing I stopped going over there. 12 Q And if Coda was returned to your custody, 13 where would he be picking up, at least in the fall or 14 during the summer -- how far do you live from where you 15 work? 16 A Now? 17 Q Um-hum- 18 A I work where I live. There's a 3 bedroom 19 house right on the farm. It's just 200 feet from the 20 closest barn. It's right in the middle of all of the 21 barns. 22 Q Okay. And where would Coda get on the bus 23 to school? 24 A It comes into my driveway. In fact, it 25 turns around in our driveway. Newport School District bus 81 1 does. 2 Q So you would be there when he got home and 3 be there to put him on the bus? 4 A Part of my salary is to say on the farm. I 5 have to stay there pretty much 24/7 because we have 6 livestoc k, and part of my salary is to be there all of the 7 time. 8 MR. WOLF: I have no further questions. 9 CROSS EXAMINATION 10 BY MR. ROMINGER: 11 Q I'll just show you a letter. Did you write 12 this? 13 A No. 14 Q And do you recognize the cell phone number 15 that's on there as the return number? 16 A Yeah. It was in my name. I had two cell 17 phones, and the one was my number, and that's Cyndi's 18 number. 19 Q Okay. 20 A That was her cell phone. 21 Q And for the -- 22 MR. ROMINGER: I would like to mark this as 23 Romo 1. 24 (Whereupon, Romo Ex. No. 1 was marked for 25 identif ication.) 82 1 BY MR. ROMINGER: 2 Q You wouldn't have been the one who sent this 3 letter on April 6th to my client? 4 A No. 5 Q Okay. 6 A Her cell phone number was given on that 7 order, and also the last conciliation we went to where 8 Eloria was awarded to have a one -- on every Wednesday 9 phone call to Coda, Cyndi's cell phone number was given 10 then, not by my choice because it was to eliminate me and 11 Lala's contact as much as possible. I'm sorry. Eloria's 12 contact as much as possible. So I agreed with Cyndi to 13 give her number. 14 MR. ROMINGER: I have nothing further. 15 CROSS EXAMINATION 16 BY MS. HARBAUGH: 17 Q Mr. Corn, you talked about this agreement 18 that you say you reached with your current wife, and when 19 did you have that discussion? 20 A I would say October 3rd. It was just a few 21 days after I left. 22 Q And you stated, I believe, on direct 23 examination that you needed to have that so that he could 24 -- Coda could continue to go to school, and at the end of 25 the school year he would -- he would be in your custody; is 83 1 that correct? 2 A Correct. 3 Q When you entered into this residential 4 occupancy agreement for Carlisle, is that in the same 5 school district as he's currently in? 6 A No, it's not. 7 Q Was your intention at the time you made the 8 agreement that he would continue to be in Carlisle? 9 A To continue at Bellaire specifically because 10 he was held back that year, and they allowed him to have 11 the same teacher twice. 12 Q And so at the end of the school year, what 13 did you expect to happen? 14 A Him to come with me and reside in my school 15 district. 16 Q Which would still be in Carlisle? 17 A It was undecided. I was in the process of 18 looking for different employment. I wasn't happy with the 19 job I had because as soon as I separated they wanted me to 20 go traveling on the road again for a commercial roofing 21 company. So I was looking for other work, and it was 22 going to be decided as to where I was -- I was hoping to 23 stay in the Carlisle area because all my family is, but the 24 farm management job was pretty much irresistible so I took 25 it. So at that point it would be Newport School District. 84 I Q You indicated also during your direct 2 testimony that you started paying support beginning in 3 October? 4 A Yes. 5 Q In the amount of $100.00 a week? 6 A Yes. 7 Q Did you get receipts for that? 8 A No. It was always cash. There was one 9 check somewhere along the line. I'm not sure of the exact 10 date on it. I would have to look in my records, but there 11 was a check that was given to her from one of my friends 12 who I owed money to so he gave her the check. And then 13 another time, one incident I had given the money to my 14 mother to give to her because we couldn't see each other, 15 you know, at an appropriate time for me to give her the 16 money. 17 Q You would agree with me, though, that it 18 would have been a good idea to get receipts that you were 19 giving her -- 20 A If her and I were having any problem that 21 would have been a good idea, but we were in full agreement 22 at the time, and we were talking and cooperating completely 23 so -- 24 Q But you would agree it would have been a 25 good idea to protect your interest, correct? 85 1 A Yes, I do agree to that. Her and I for our 2 first couple of weeks of separation, things stayed really 3 good with her and I. We were hoping that I could get out 4 and get some time, and she was hoping, we were both hoping 5 on working it out to where I would come back eventually, 6 but things got worse and worse, and it just didn't -- 7 Q You spoke about some of the things that lead 8 up to you separating from my client. 9 A Um-hum. 10 Q And I'm curious to know if one of the things 11 that you told her at that time was that you were going to 12 be taking up with Coda's mother again, that you had 13 re-established a relationship with her; is that correct? 14 A No, that's not correct. Her and I have not 15 been back together since before my marriage with Cyndi. 16 Q So you were present whenever Eloria was on 17 the stand earlier today? 18 A Yes, I was. 19 Q And you heard her respond affirmatively to a 20 question from her lawyer regarding your continued 21 relationship? 22 A Um-hum. 23 Q During the marriage? 24 A Um-hum. 25 Q Do you disagree with that? 86 1 A The relationship was a friendship 2 relationship. It wasn't a sexual relationship. It was a 3 friendship, and I was limited because it was always a 4 problem anytime me and Eloria would see or talk. Cyndi 5 would go off the roof. So it was very limited, but we 6 tried to maintain a very good friendship because of Coda, 7 and to the point where we were told by Dawn Sunday that we 8 needed to get counseling and start communicating more 9 often. 10 Q So if Coda had observed the two of you at 11 the house that you shared with Cyndi while she was away 12 upstairs in the bedroom, then Coda was mistaken in his 13 impression that the two of you were upstairs engaged in 14 adulterous activity? 15 A Yes, that was mistaken. 16 Q You talked about how a lot of times Cyndi 17 would transport the child for these custody exchanges with 18 the natural mother? 19 A Um-hum. 20 Q Wasn't it, in fact, the case that she did 21 that because you had a suspended license at the time? 22 A That was most of the reason, and a large 23 part of the reason was the ongoing bickering. Whenever I 24 was taking him, she would drive me over. It wasn't me 25 taking him. It was Cyndi driving me over, and they both 87 1 always had a problem with it, every time. It was very 2 childish and petty. I couldn't understand it. They 3 couldn't stand to look at each other. 4 They would be giving each other the finger. 5 Every time it would be something nasty, a nasty look, a few 6 words exchanged, and it was, from what I thought, me being 7 in the middle of it -- I'm not sure, but Cyndi and I agreed 8 that it would be best if I had as little contact with 9 Eloria as possible because of these problems. 10 So then we agreed that she'd take him for 11 now on herself and me not go along. I didn't take him 12 over there myself before that time. It was her and I would 13 take him there. 14 Q Once you separated though, you did transport 15 the child during your -- when you did exercise your weekend 16 visits, you would transport the child; is that right? 17 A I have no driver's license. I don't drive. 18 Q So you absolutely never transported the 19 child? 20 A 21 friend Scott. 22 in my name or 23 Q 24 fact, were in 25 noted to have No, it was either my mother or else my best I don't have a vehicle. I have no vehicle own a vehicle. Do you disagree with me then that you, in possession of the Jeep that was previously belonged to Cynthia's mother? 88 I A I drove that Jeep twice that I can remember, 2 and the last time I drove it approximately 2 years ago I 3 got a driving under suspension for driving it, and since 4 then I haven't driven it. 5 Q And you still have no driver's license; is 6 that correct? 7 A Right, until October. Her mother found out 8 that I drove the Jeep a couple of times and hit the roof, 9 and when I got that suspension that was the last time or 10 she threatened to take it back, and that was between her 11 and her mother. 12 Q So when did the Jeep get returned to my 13 client? 14 A It was never taken by me to be returned. 15 It was never in my possession. It's her mother's Jeep. 16 Her mother doesn't want me driving it. 17 Q Now, you've talked extensively about how you 18 were an involved parent. You had a lot of interest and 19 participated in activities with the child. You said you 20 attended two different meetings with the teacher at the 21 school? 22 A The one I'm sure was a PTO, and the other 23 one was just a meeting on his behavior. It was no PTO 24 meeting. It was just an individual meeting with him on his 25 behavior. 89 1 Q And who is his teacher? 2 A Right now I don't know. 3 Q And you would agree though that he's had the 4 same teacher for two years, isn't that correct, because he 5 was held back? 6 A Yes. 7 Q In fact, the reason that he was held back 8 was because by the time he got on his medication there was 9 no way he could complete the rest of the school year and 10 move forward; isn't that correct? 11 A I'm sorry? 12 Q The fact that he was held back? 13 A Um-hum. 14 Q Was due to the fact that he did not get 15 placed on his medication until more than half way through 16 the school year. So the real reason he was held back is 17 because he could not complete the whole year's worth of 18 work in the time remaining in that school year? 19 A I don't know. I'm not a counselor. I 20 don't know how to answer that. I don't know if the 21 medicine does good or not. In my opinion I think there 22 should have been other options they should have looked at 23 instead of just throwing him on medicine right away because 24 there wasn't many other options taken. 25 Q What would you have suggested? 90 1 A Further counseling. 2 Q Further counseling? 3 A Um-hum. 4 Q Did you -- 5 A There wasn't -- there was only I think two 6 evaluations or so before Sally from YMCA had continuous 7 counseling with him, and then from there the next -- the 8 lady at Holy Spirit, I forget her name, she was the next 9 professional opinion that he should go on medicine, and 10 right from there Cyndi sought for him to get on medication. 11 Q Did you see periods where he acted up 12 though? 13 A Before the medicine? 14 Q Yes. 15 A He does now and he does before. He did on 16 the medicine. 17 Q But you've witnessed some of those 18 occurrences? 19 A Yeah. The feces on the wall thing I did 20 witness. He was either four or five when that happened. 21 He was pretty young. I think he was five. 22 Q What did you do as the father to deal with 23 that situation? 24 A Well, he was already in counseling. I 25 spoke to her about it, to Cyndi, and we both thought that 91 1 was unusual. 2 Q Did you discuss disciplining the child? 3 A No, because I don't think it was -- I don't 4 think it was any intention. It wasn't -- you know, it's 5 not like he purposely broke a window or something. There 6 was other reasons why he done that. So I didn't think 7 discipline would be a thing for it. 8 Q You never indicated to my client that his 9 behavior can't be -- is nothing that a good spanking or 10 whipping won't take care of? 11 A No. 12 Q You never indicated that? 13 A No. 14 Q Do you know who his current reading teacher 15 is? 16 A No, I don't. 17 Q At the school? 18 A I'm refused any information about Coda. I 19 didn't know about the karate classes. This is the first I 20 heard about that. 21 Q You do know though where he goes to school; 22 isn't that right? 23 A Bellaire, yes. 24 Q And you're aware that you were permitted to 25 go there and get access to his records as the father? 92 1 A Yes, I do. 2 Q Do you know the name of his dentist? 3 A No, I don't. 4 Q How about the current name of his treating 5 physician? 6 A Doctor Huff, I believe. It's a family 7 practice. g Q What about the counselor that he's seeing? 9 Do you know the name of that person? 10 A I know her name is Sally at the YWCA, was 11 one of his counselors, but who Cyndi has him in these days, 12 I don't know. 13 Q His current counselor Jen Boody (phonetic). 14 A Thank you. 15 Q What about your awareness of what he was 16 diagnosed with? Were you aware that he had this ADHD and 17 post-traumatic stress disorder? 18 A Yes. 19 Q Did they explain the reasons why he was 20 diagnosed with that to you? 21 A As to why he's -- some of the reasons they 22 had said was because of his past, because of his 23 abandonment, and because of his absence of his father when 24 I was incarcerated, and just a shaky past in the way that 25 he grow up, they were saying was one of it, and I can't 93 1 remember who had mentioned, but also another one had said 2 that it possibly could be hereditary because I also am 3 hyper, and they said that he could have gotten it from me. 4 Q What period were you basically uninvolved 5 with Coda because you were incarcerated? Was it from 6 about the time he was 5 or 6 months old until how old? 7 When did you get out? 8 A It was 3 years that I spent. So he was 6 9 months old when I went in, and he was 3 1/2 when I got out, 10 and immediately when I got out he -- within the first 30 11 days, I'm quite sure, is when I got the trailer, and he 12 stayed in there with me. 13 Q You indicated that there were times during 14 the custody exchanges that you went to go with Cyndi to 15 make the exchange of Coda to his natural mother; is that 16 right? 17 A Yes. 18 Q And you're stating that she showed up 19 regularly, that there were no problems as far as her not 20 showing up for these visitations? 21 A The times that I was along, yeah, it was 22 pretty regular. There may have been a few missed ones, 23 but for the most part, on the times that I went, yes, she 24 did show up. 25 Q The last time that you saw your son was 94 1 when? 2 A At my mother's house at a bridal shower for 3 my sister. I think that was on the 20th of this month -- 4 I'm sorry, of last month. 5 Q How long did you see him for? 6 A About five minutes. Five or ten minutes. 7 Q Isn't it true that, in fact, the police were 8 called there? 9 MR. WOLF: Your Honor, I'm going to renew 10 my objection that I made earlier to the events of April 11 20th. 12 THE COURT: Overruled. I'll hear what 13 happened, but we're drawing -- we've got to draw this to a 14 close. 15 MS. HARBAUGH: Yes, Your Honor. 16 THE COURT: I think I have a handle on the 17 facts. Where they leave us is an entirely different issue. 18 But what happ ened? Who called the police? 19 THE WITNESS: Initially I did because I 20 think it was Cyndi that said I'm going to call the cops, 21 and I said fi ne, call them, and I was hoping they would 22 come there so maybe I could get a few minutes with my son 23 and everything would be all right. 24 I didn't call the cops because I wanted time 25 with my son. So I went into the bedroom where he was at, 95 1 and tried to spend a few minutes with him, and after that, 2 who called the police, I don't know. I had already left. I 3 had talked to my son for a few brief minutes. 4 She tried to come in the bedroom and take 5 him and leave, and after a verbal altercation with the 6 family I left because I didn't want anymore trouble 7 started, and then after I left the cops -- the police were 8 called. I'm not exactly for sure who made that call. 9 THE COURT: What did you and Coda talk 10 about? 11 THE WITNESS: When I went into the bedroom? 12 THE COURT: Um-hum- 13 THE WITNESS: I was really concerned as to 14 what he thinks about where his mother and father are and 15 why we haven't come to see him, because we're not allowed 16 to, and I asked him, what has Cyndi been telling you about 17 your mother and I? Where we have been? Do you know why 18 your mom and dad haven't been around to see you? Do you 19 know where we're at? And he said no. 20 That was my main concern, as to what he was 21 thinking was going on, if he knew where we were at or if he 22 felt we just didn't want to see him anymore. I'm worried 23 about what he's thinking, where I'm at, you know, because 24 I'm not allowed to go there at all. And he told me, no, 25 he doesn't know why we're not around. 96 1 THE COURT: Anything else? 2 MS. HARBAUGH: I just wanted to note for the 3 record there was a PFA order that was initiated because of 4 that, and it was an agreed order, and I would like that on 5 the record. 6 THE COURT: Noted. 7 MR. WOLF: I would like for the record, Your 8 Honor, to note that that PFA is limited to -- 9 THE COURT: The outcome of this hearing 10 today will not turn on the incidents of April 12th. The 11 most important thing we need was the conversation he had 12 with his son. 13 MR. WOLF: I understand. 14 THE COURT: The rest of it is totally 15 unrelated to this. Anything else? 16 THE WITNESS: From me? 17 THE COURT: No. From counsel. 18 THE WITNESS: Oh, I'm sorry, Your Honor. I 19 would like to say something else if I'm possibly allowed 20 to. 21 THE COURT: Go ahead. 22 THE WITNESS: Your Honor, I didn't in no 23 way, shape, or form abandon my son. My past incarceration 24 I can't deny. I can't deny my past. I'm not as active 25 with my son as I would like to be because of my work 97 1 history. I work long hours a lot, especially now being on 2 the farm, but I love my son a lot, and there was no 3 intention of abandonment whatsoever. 4 It was a verbal agreement that he stay until 5 the end of the year, and I have never, and will never, try 6 to keep him from seeing Cyndi because I know he loves 7 Cyndi. My intentions were only for him to stay for the 8 rest of the school year, not to -- 9 He had already failed the year and he was 10 given the same teacher twice for that reason because of his 11 issues, and they were my only intentions. I had no other 12 intentions. If her and I didn't work, I'm sorry about 13 that. Marriage isn't supposed to turn out like that, but I 14 don't want him to be drug through this. You know what I 15 mean? 16 And for him to have left with me immediately 17 like that, he wouldn't have been in no school for a week. 18 I would have gotten in trouble for that. There would have 19 been a lot of other concerns. I had other choices. I 20 didn't have to leave him there. I could have taken him 21 with me that day and took him to my mother's, but it all 22 falls back on what he has to deal with and see again over 23 and over and over. 24 As I had mentioned, in four years of our 25 marriage I never once wanted really to have to go to court 98 1 for myself. Every time it was Cyndi's request. She paid 2 the attorneys. She wanted to go to court. It was between 3 her and Eloria every time. I didn't want to be here for 4 this, you know. I'm not complaining about the money I had 5 to spend, but here's another grand that I had to spend, and 6 I just don't understand why. You know, I just really 7 don't. g But I just wanted to make a statement that I 9 have never had any intention of abadoning my son, and I 10 won't. When I got out of prison I came to see him 11 immediately, and when I was in prison he was brought to see 12 me. 13 THE COURT: What you've just said is not 14 only articulate, but believable. So thank you. You can 15 step down. All right. 16 MR. WOLF: Your Honor, I had one witness to 17 ask two questions of, if time is -- 18 THE COURT: Is this the mother? 19 MR. WOLF: This is Mr. Corn's mother. 20 THE COURT: The grandmother. Yeah, and 21 she's going to verify that she will take the child back and 22 forth to Bellaire? 23 MR. WOLF: It has more to do with her 24 understanding of the agreement between the parties, to make 25 sure that that's clearly on the record. 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Oh, okay ahead. All right. Go MR. WOLF: We call Connie Lebo. Whereupon, CONNIE LEBO having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. WOLF: Q Will you state your name and address for the record, please? A My name's Connie Lebo. I live at 1043 Trindle Road in Carlisle. Q And your relationship to Keith Corn? A I'm his mother. Q I won't bore the Court with the background that we've already gone over. Can you discuss -- or can you tell the Court your understanding of the agreement between the parties and how you came to know about it? THE COURT: Could we do it in reverse order? MR. WOLF: Fair enough. BY MR. WOLF: Q How you came to know about the agreement, and what that agreement was? A Well, shortly after Keith and Cyndi 100 1 separated he -- like he's testified, he said about me 2 taking him, and I said -- or he had said to me about 3 leaving Coda there, and I said do you think that's a good 4 idea? So they worked this all out. 5 Well, Cyndi had come over to my home. It 6 was about 2 months ago, and I was supposed to have Coda 7 that weekend, and she came over to my home that Friday 8 night, and she told me that she was not going to try to 9 keep Keith from seeing Coda. 10 Q Okay. And what was your understanding with 11 regard to the school year? 12 A That the agreement was Coda stay there until 13 the end of the school year. 14 Q And after that? 15 A He was going with his father. 16 Q And did you hear that from Cyndi as well? 17 A I heard that from Cyndi, as well as Keith. 18 Q And were they together when you heard about 19 it? 20 A No. 21 Q As to what would happen if the Court awarded 22 custody to Keith, Keith testified that you would be willing 23 to take Coda into your home? 24 A Yes, I would. He's my grandson. 25 Q Do you have -- do you spend a lot of time 101 1 with him? 2 A When I can. 3 Q When was the last time you saw him before 4 April 20th? 5 A The last time I saw him was about 2 months 6 ago when this all started. 7 Q And just a rough idea of how often you would 8 see him? 9 A I'd get coda, you know, on weekends when the 10 two of them would want to be alone or something, you know, 11 I would have Coda there, and a lot of times -- I have 12 another grandson that's 8 years old too, and him and Coda 13 are very close. And I would get the boys just to have the 14 boys, just to have my grandchildren there as often as I 15 possibly could. 16 I have a part-time job, and I work a lot of 17 Saturdays. There for quite a while I did not get the boys 18 because I was working a lot of Saturdays. And now I 19 don't, and I, you know, didn't back a year ago, but for 20 about -- I guess about 4 months I was working quite a few 21 Saturdays so I didn't get the boys like I wanted to, but I 22 do get them as often as what I can. 23 MR. WOLF: Okay. I have no further 24 questions. 25 THE COURT: Any questions? 102 1 MR. ROMINGER: None. 2 CROSS EXAMINATION 3 BY MS. HARBAUGH: 4 Q You stated that your understanding was that 5 Cynthia was not going to keep you from seeing Coda; is that 6 right? 7 A Right. 8 Q And you stated that Cynthia told you that; 9 is that right? 10 A Right. 11 Q Okay. And would you agree that you did 12 have a conversation with her about keeping Coda in her 13 care? 14 A Until the school term -- the school year was 15 out because of the fact that Coda had flunked the first 16 year. 17 Q And did you have a conversation with her 18 about trying t o get a custody order to reflect that to 19 prevent the mo ther from interfering, the natural mother? 20 A No. I don't recall any such conversation. 21 Q You were aware though that your grandchild 22 was placed in foster care in the past; is that correct? 23 A Yes. 24 Q And at no time did you ask the Court to take 25 possession of him at that point, did you? 103 1 A Yes, I did, but I was told because it was in 2 Adams County, Cumberland County has no jurisdiction until 3 it went to a hearing. 4 Q But eventually he was placed in foster care? 5 A In Adams County, not in Cumberland. 6 Q But he never did come to live with you; is 7 that right? 8 A Correct. 9 MS. HARBAUGH: That's all I have. 10 MR. WOLF: One last question, Judge. 11 REDIRECT EXAMINATION 12 BY MR. WOLF: 13 Q When was the foster care -- or when was your 14 grandson in foster care? 15 A Coda's now 8 years old. I'd say it was 16 from the time he was about a year old until he was probably 17 4. Until my son got out of prison and got custody of him. 18 Q And not since then? 19 A No. 20 MR. WOLF: Nothing further. 21 THE COURT: And did I understand -- or maybe 22 it was somebo dy else in the courtroom, that their seems to 23 be in agreeme nt that he would finish out the year at 24 Bellaire? 25 THE WITNESS: Yes. 104 1 THE COURT: And you're able to get him 2 there? 3 THE WITNESS: Yes. I already contacted the 4 school. 5 THE COURT: Okay. All right. Thank you. 6 When is the conciliation in this case? 7 MR. WOLF: May 23rd, Your Honor. 8 THE COURT: May 23rd. 9 MR. ROMINGER: Your Honor, I also have a 10 petition to resume mother with contact with the child. 11 Your Honor scheduled that for July, but I would ask as part 12 of this order, if you're going to give custody back at 13 least in some fashion to the father, that mother also get 14 back some visitation. I don't believe either parent's 15 a detriment to this child. She hasn't seen this child in a 16 while now. 17 THE COURT: Well, I sense that if he was 18 given partial custody that that's something that the two of 19 them could probably work out, would be my guess. There's 20 not much time really between now and May 23rd, but there is 21 this weekend, and there is the weekend of the 18th. 22 What had been -- can we at least agree as to 23 what the weekend visitation had been for him? Was it 24 Friday night or was it to Saturday morning? 25 CYNTHIA CORN: Friday night at 6 p.m. until 105 1 Sunday night at 6 p.m. 2 THE COURT: Friday at what? 3 CYNTHIA CORN: Friday night at 6 p.m. 4 THE COURT: Until Sunday at 6. 5 CYNTHIA CORN: Every other weekend. Drop 6 off and pick up at the North Middleton Police Station. 7 THE COURT: All right. Well, why don't I 8 make some comments and then I'll let counsel react to it 9 rather than make some closings because I think some things 10 have changed in my mind as I've heard both sides, which is 11 not surprising. I made the very pointed comment that the 12 plaintiff was en loco parentis, and I still mean that to 13 some extent from the standpoint of reality, but whether it 14 is a legal reality remains to be seen. 15 It's clear that -- and what it all boils 16 down to, thanks to Mr. Corn who brought a lot of this 17 together, I think in a very credible fashion, there's not 18 really all that much dispute concerning the saline and 19 important facts of this case. 20 It is true, and I don't think there's any 21 dispute, Mrs. Corn and Mr. Corn agrees that she discharged 22 the duties of motherhood for years, and they separated, and 23 I do believe that at least as far as the father was 24 concerned, his intention was the child would remain with 25 the mother only during this school year. 106 1 Ms. Corn may have concluded or hoped 2 otherwise, but that was his understanding of what was to 3 have occurred. She has played the role of the parent, and 4 that's why I think that she's in loco parentis, but then I 5 have to be guided -- and I've had a chance, Mr. Rominger, 6 to look at this case, which has some remarkable 7 similarities. 8 In this case it was the mom and not the 9 father. The mother had lived with the grandparents. In 10 this case it was only a period of 2 or 3 years, as opposed 11 to 4 years, but the grandparents enrolled the child in 12 kindergarten, took care of the shots, did all of the things 13 that Ms. Corn has done, and yet the Court went on to say 14 that they lacked standing to grant a custody case. 15 And the case of Gradwell v. Strausser seems 16 to indicate to me that as a third party stepmother, she is 17 going to have to show that either dependency proceedings 18 have been initiated, that their parental rights have been 19 involuntarily terminated, or that the child has been the 20 subject of physical abuse, or she is a grandparent seeking 21 rights under 23 Pa.CS 5311, and as I sit here at the 22 moment, I don't see that any of those four criteria have 23 been met. 24 So I need to consider very carefully the 25 question of whether or not Cynthia Corn has standing to 107 1 grant a custody action. And I need to reflect on that 2 between now and the time of the conciliation. So I guess 3 I have 2 or 3 weeks to decide that issue. 4 Pending that, I'm going to restore the 5 father's rights of partial custody in this little boy 6 commencing this evening, Friday, may the 3rd, 2002, at 6:00 7 p.m. until Sunday, May the 5th, 2002, and again, on the 8 like time on the weekend of May the 17th through the 19th, 9 and it is so ordered. 10 Now, I will be happy to obtain some -- get 11 some further authorities from you on this important 12 question of standing. I know you probably haven't even 13 seen this case that he handed up to me. So if you share 14 these authorities I'll give you some time. Next week I'm 15 trying criminal cases, but I'll certainly be happy to look 16 at any authorities. Can you get something to me in a 17 week? 18 MR. WOLF: No problem. 19 MS. HARBAUGH: That would be fine, Your 20 Honor. 21 THE COURT: Okay. 22 MS. HARBAUGH: In the meantime, since 23 Attorney Rominger did provide you with a case, I would also 24 like to just additionally -- you can maybe write this down. 25 THE COURT: Yeah, I'll be happy to. 108 1 MS. HARBAUGH: It's the case of TB versus 2 LRM. This is a Supreme Court of Pennsylvania case, which 3 was just decided the end of 2001, citation 786. 4 THE COURT: Okay. 5 MS. HARBAUGH: A.2nd 913. 6 THE COURT: Okay. 7 MS. HARBAUGH: That case involves directly 8 a third party standing issue. 9 THE COURT: Okay. Was it a step-parent? 10 Do you know? 11 MS. HARBAUGH: It was not a step-parent in 12 the way of speaking because it involved a party who could 13 never be a step-parent because it was a homosexual 14 relationship, but in fact, the Court did hold that that 15 person who had acted in the role of a parent was entitled 16 to visitation and custody rights. 17 THE COURT: Well, then that's the other 18 issue too. They make a distinction between people's 19 rights to visit, and peoples rights of custody too, which 20 may also be an issue in this matter. Though interestingly 21 enough, Mr. Corn indicates that he's content to see the 22 child visit with both of these women. That's the one 23 reassuring thing that's on the horizon in this case. 24 Anything else? Okay. I'll take it under advisement. 25 It's an important case. We'll look at it. 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, court was adjourned at 12:16 P.M.) (Whereupon, court resumed, and the following occurred:) THE COURT: Okay. We have some exhibits? MR. ROMINGER: Yes. We need to move for the admission of the exhibits, I believe. THE COURT: Okay. MS. HARBAUGH: And, Your Honor, I object on a count of both A and B. THE COURT: Okay. What are they? MR. WOLF: My exhibit, Your Honor, was the residential lease agreement that references Mr. Corn's -- THE COURT: That's -- MR. WOLF: That's my exhibit A, is how I had offered it. THE COURT: Okay. And your's was a letter? MR. ROMINGER: Correct. It's just a letter that was offered, and talked about with the witness. THE COURT: And that's exhibit? MR. ROMINGER: B. THE COURT: Okay. We're going to sustain the objection to Exhibit B because, as I recall the testimony, it was not authenticated and the witness 110 I couldn't identify it. 2 MS. HARBAUGH: That's correct. 3 THE COURT: And we admit A. 4 MS. HARBAUGH: Your Honor, I was questioning 5 the purpose for the admission of A, if I may. 6 THE COURT: Well, I am too, but -- 7 MS. HARBAUGH: I have no problem admitting 8 as to the dates that he was there, but I have a problem 9 with it being admitted for the intention -- 10 THE COURT: Not to make his argument for 11 him, but I will tell you what I think, and then if you both 12 think I'm wrong, fine. My understanding is that he 13 wouldn't -- felt he would not have executed the lease 14 naming his son as a potential occupant if it wasn't 15 contemplated that the son would come to live there at some 16 point. 17 MR. WOLF: That's correct, Your Honor. 18 THE COURT: That would seem to me what it 19 would be offered for. Okay. 20 (Whereupon, the proceedings concluded at 21 12:27 p.m.) 22 23 24 25 111 CERTIFICATION 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 Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. /6 Zoaz to orn A. Hess, J. th Judicial District 112 .. Y (Cl fl.? Yu\n??Q 11 2 9 PENNSYLVANIA NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2002-992 CIVIL TERM KEITH E. CORN and CIVIL ACTION -LAW ELORIA A. ROMO, Defendants CUSTODY ORDER AND NOW, this J:Cday of 3"v?• , 2002, upon consideration of the response to plaintiffs petition for contempt and emergency injunctive relief, the petition of plaintiff is hereb and a custody conciliation conference shall be scheduled for khearing on this matter at the earliest available opportunity. d t. 4a rrc..d cc: Edward Weintraub, Esquire Karl E. Rominger, Esquire Nathan C. Wolf, Esquire BY THE COURT: ii AL Ni?;';?;;?, I t.q, ' `'1?'n'???r? tt U :?` ?,? q ?' il??? G'Q ,jJ r CYNTHIA M. CORN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH E. CORN & ELORIA A. ROMO DEFENDANT • 02-992 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 21, 2002 at 1:30 PM 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/ Jacqueline M Vernev,Esq 1A / 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R Y r' NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87580 55 EAST HIGH STREET CARLISLE PA 17015 (717) 245-8090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, Plaintiff Vs. KEITH E. CORN and ELORIA A. ROMO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-992 CIVIL TERM CIVIL ACTION -LAW : CUSTODY PETITION FOR SPECIAL RELIEF NOW comes the Petitioner, Keith E. Corn, by and through his attorney, Nathan C. Wolf, Esquire and files his Petition for Special and Injunctive Relief as follows: 1. Petitioner/Defendant is Keith E. Corn, the natural father of the child, who resides at 1236 Newport Road, Duncannon, Perry County, Pennsylvania. 2. Respondent/Plaintiff is Cynthia M. Corn, the stepmother of the child, who resides at 230 Union Hall Road, Carlisle, Cumberland County, Pennsylvania. 3. Respondent/Defendant is Eloria A. Romo, the natural mother of the child, who resides at 1236 Newport Road, Duncannon, Perry County, Pennsylvania. 4. The child is Coda Z. Romo, born October 30, 1993, age eight. 5. The parties attended a custody conciliation conference on May 23, 2002 before Dawn S. Sunday, Esquire, from which the Court issued an Order on May 30, 2002, directing the parties to submit to a custody evaluation. 6. The Court, by its Order of May 22, 2002, had expressly requested that the conciliator speak with the child during the conciliation and to consider that discussion in submitting her recommended order to the Court. 7. The child was interviewed by the conciliator during that conference according to the Court's Order. 8. On July 2, 2002, plaintiff Cynthia Corn petitioned the Court to hold the defendants in contempt and for injunctive relief. 9. On July 8, 2002, this Honorable Court issued a Rule upon the defendants to show cause why the relief requested by the plaintiff should not be granted, rule returnable ten (10) days after service thereof. 10. On July 18, 2002 and July 22, 2002, Defendants Eloria Romo and Keith Corn, respectively, filed responses to the petition with the Court, each alleging a substantial change in circumstances relating to the custody of the child, and requesting a new conciliation be held to permit the Court to better assess the current situation. 11. On July 26, 2002 this Honorable Court deferred judgment on the contempt petition and ordered a conciliation conference to be held at the earliest available opportunity. 12. On or about August 2, 2002, counsel for the plaintiff, Carol Lindsay, Esquire, entered her appearance and requested that the conciliation conference ordered by the Court be scheduled prior to the commencement of the coming school year, but not between August 10, 2002 and August 20, 2002, due to counsel's scheduled vacation. A true and correct copy of this letter is attached hereto as Exhibit "A." 13. Prior to the scheduling of the conciliation conference, defendant Keith Corn indicated to counsel that the child had, without any urging by the defendants, expressly requested to speak with the conciliator at the upcoming conciliation about where he is going to live. 14. The conciliation conference has been scheduled for August 21, 2002 at 1:00 p.m. before Dawn Sunday, Esquire. 15. On or about August 8, 2002, counsel for defendant Keith Corn, in recognition of the information communicated to him by the defendant regarding the child's desire to speak with the conciliator, sent correspondence to counsel for the plaintiff and counsel for defendant Eloria Romo via facsimile and U.S. Mail indicating a desire to have the child present for an in camera interview with the conciliator, as had been requested by the Court previously. In that correspondence counsel requested that the parties communicate any objection to such an interview before the end of the day on August 9, 2002. The timeline for the requested response was in recognition of the fact that counsel for the plaintiff would be unavailable after August 9, 2002 until August 20, 2002, due to her vacation schedule. A true and correct copy of this letter is attached hereto as Exhibit "B." 16. Despite this request, counsel for the plaintiff did not serve a response to this correspondence until August 13, 2002, via facsimile. In her response, counsel indicated that plaintiff would object to the attendance of the child at the conciliation, referring to such a practice as "inappropriate" and suggesting that such a practice would put unfair pressure on the child to express his "opinion". A true and correct copy of this correspondence is attached hereto as Exhibit "C'. 17. Defendant Keith Corn agrees with the Court that it would be in the best interests of the child to permit the child the opportunity to express his opinion to the conciliator as the Court previously requested. WHEREFORE, Petitioner Keith Corn prays that this Honorable Court issue an order, directing the attendance of the child, Coda Romo, at the conciliation conference, and instructing the conciliator Dawn S. Sunday, Esquire, to conduct an in camera interview with the child during the conference on August 21, 2002 at 1:00 p.m. Respectfully submitted, August -/5, 2002 NAYHAN C.-MLF, ESQUIRE A rney for Petitioner Keith E. Corn 35 East High Street, Suites 201 and 202 Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 87380 LAW OFFICES JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HTTCHINGS THOMAS E. FLOWER The Honorable Kevin A. Hess Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE Dear Judge Hess: August 2, 2002 Corn v. Corn and Romo No. 2002 - 992 Civil Term I have entered my appearance for Cynthia Corn, the Petitioner in the captioned case, and Mr. Weintraub has withdrawn his appearance. I enclose her Petition for a hearing. I anticipate the scheduling of a hearing may be somewhat difficult. I am on vacation from August 10 through August 20. The need for a hearing before the commencement of the school year is great, as the school district for the child is one issue raised in the Petition. I would appreciate whatever the Court can do to schedule a timely hearing. Thank you for your help. Very truly yours, SAJJ IS;SHIUFF, FLOWER & LINDSAY, P.C. Carol J. Lindsay C.IUtib cc: Cindy Corn Kart Rominger, Esquire Nathan Wolf SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney®ssfl-law.com WEST SHORE OFFICE. 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE EXHIBIT A LAW OFFICE OF HAROLD S. IRWIN, III ATTORNEY-AT-LAW HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET HAROLD S. IRWIN, I I I CARLISLE, PENNSYLVANIA 17013 717-243-6090 NATHAN C. WOLF PHONE --------- - www.irwinlawofce.com 717-243-9200 HEATHER A. BARBOUR a-mail: irwinlaw@epix.net FACSIMILE RHONDA S. IRWIN PARALEGALS August 8, 2002 Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Re: Corn v. Corn and Romo - 02-992 Dear Carol and Karl: This letter will confirm my understanding that we are set for a conciliation conference at 1:00 p.m. on August 21, 2002, with Dawn Sunday, Esquire. I am assuming that we will be operating under the same "ground rules" as in the last conciliation, at which Coda was present and was interviewed by the conciliator, without counsel present in the room. If I am incorrect in this assumption, or if either of you have an objection to Coda speaking with Dawn on the 21St, I need to hear back before the end of the day tomorrow, if at all possible. Please contact my office via phone or fax if that is a problem, otherwise I will expect that Coda will be present and that the interview will occur. Thank you in advance for your attention in this regard. Very ly yours, L Na ? olf cc: Keith Corn EXHIBIT B LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION JAMES D. FLOWER 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 JOHN E. SLIKE TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 ROBERT C. SAIDIS EMAIL: attomey@ssfl-law.com GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER August 13, 2002 Nathan Wolfe, Esquire 35 East High Street Carlisle, PA 17013 RE: Corn v. Corn No. 01-5986 Civil: Corn v. Romo and Corn No. 02-992 Dear Nathan: WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE We will object to Coda's presence at the conciliation conference on the 21St. I think we all know that it is inappropriate to have an 8-year-old at those conferences. It is unfair to put pressure on him to express his "opinion". The place for Coda to express himself is in the evaluation with Stan Schneider. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay CJUtib cc: Karl Rominger, Esquire Dawn Sunday, Esquire Cindy Corn EXHIBIT C VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. AUGUST L, 2002 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87580 35 EAST NIGH STREET CARLISLE PA 17013 (717) 245-6090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, Plaintiff Vs. KEITH E. CORN and ELORIA A. ROMO, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-992 CIVIL TERM CIVIL ACTION -LAW : CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have personally served a true and correct copy of Petitioner Keith E. Corn's, petition for special and injunctive relief upon the following parties and in the matter indicated: SERVICE BY U.S. MAIL: Carol L. Lindsay, Esq. SAIDIS, SHLIFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (Attorney for Plaintiff) Date: ,Z Z17 v Karl E. Rominger, Esq. Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 (Attorney for Defendant Eloria Romo) If, Esquire rID No. 87380 Attorney For Defendant Keith E. Corn 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Vj AL r NATHAN C. WOLF ATTORNEY ID NO. 87580 35 EAST NIGH STREET CARLISLE PA 17015 (717) 245-6090 ATTORNEY FOR DEFENDANT CYNTHIA M. CORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. KEITH E. CORN and ELORIA A. ROMO, Defendants NO. 2002-992 CIVIL TERM CIVIL ACTION -LAW CUSTODY ORDER AND NOW, this 4"'rday of dkdg , 2002, upon consideration of the petition for special relief filed by Petitioner, Keith E. Corn, it is hereby ORDERED and DIRECTED that the parties will ensure the attendance of the child, Coda Z. Romo at the scheduled Custody Conciliation, wherein, the custody conciliator, Dawn S. Sunday, Esquire, +r RF rn947 conduct an in camera interview with the child e0rn .. 0*tfx ae+.%r rrc. C" ar (A4- ,rs.R./i 0446pt BY THE COURT: cc: Carol L. Lindsay, Esquire Karl E. Rominger, Esquire Nathan C. Wolf, Esquire P rw4af Fjv<n VIMOIAS` NEd ZU:IIHJ c( oilvZ CYNTHIA M. CORN, Plaintiff VS. KEITH E. CORN and ELORIA A. ROMO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-992 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 N day of 20029 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 30, 2002 is vacated and replaced with this Order. 2. The Mother, Eloria A. Romo, the Father, Keith E. Corn, and the Step-mother, Cynthia M. Corn, shall have shared legal and physical custody of Coda Z. Romo, born October 30, 1993, as follows: A. The parties shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Each party shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Each party shall notify the other parties as soon as possible in the event of a medical or other emergency concerning the Child. All parties shall be fully entitled to contact school personnel and participate in school activities as appropriate. The parties shall cooperate with each other in making arrangements with the Child's school and each other to obtain the necessary information. B. The Child shall primarily reside with the Step-mother and the parties shall rotate having custody of the Child on weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The rotating weekend schedule shall begin with the Step-mother having custody of the Child on August 23, 2002, the Mother having custody the following weekend beginning on August 30, 2002, and the Father having custody during the next weekend beginning on September 6, 2002. The weekend periods of custody shall be rotated among the parties in the same order on an VtNYAIASNN3d AiNn Or" lrl1-8l-,9m3 rG:g 1?? 9ZgnvZO A 1Cki Zvi s iC c 'rji j0 ongoing basis. In the event any party is unavailable to exercise his or her right to a weekend period of custody, either the Mother or the Father shall have priority in having the opportunity to provide the care for the Child during the custodial party's unavailability. In the event the Step-mother is unavailable for a weekend period of custody, the parent who did not have the most recent weekend period of custody shall be entitled to the right of first refusal. C. The Mother shall have custody of the Child every Wednesday from after school until 7:00 p.m. or at such other time as arranged by agreement between the Mother and the Step-mother. D. The Father shall also have custody of the Child at additional times as arranged by agreement between the Father and the Step-mother. 3. The parties shall share having custody of the Child on holidays as arranged by agreement. In the event the parties are not able to reach an agreement, the parties shall share having custody in accordance with the following schedule: A. CHRISTMAS: The parties shall share having custody of the Child on Christmas Eve and Christmas Day, with the specific times to be arranged by agreement. B. ROTATING HOLIDAYS: The parties shall rotate having custody of the Child on New Years Day, Easter, Memorial Day, July 4t', Labor Day, and Thanksgiving. The periods of holiday custody under this provision shall run from 9:00 a.m. until 6:00 p.m. on the holiday (or 8:00 p.m. if there is no school the following day). The rotating holiday schedule shall begin with the Mother having custody of the Child on Labor Day in 2002, the Father having custody on Thanksgiving in 2002 and the Step-mother having custody on New Years Day in 2003. The rotating schedule shall continue in the same order on an ongoing basis. C. MOTHER'S DAY/FATHEWS DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 6:00 p.m. (or until 8:00 p.m. if there is no school on the following day). D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parties shall cooperate in making any necessary adjustments to the custody schedule for the summer school break beginning in 2003. 5. The parties shall ensure that the Child takes any medication prescribed by his physicians. The Step-mother shall cooperate with the parents in facilitating their participation in appointments with doctors, counselors, teachers, etc. 6. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Step-mother's residence. 7. The custodial party shall cooperate in ensuring that the non-custodial parties have reasonable telephone access to the Child. 8. The Step-mother shall be responsible to provide copies of the Child's insurance information to the other parties as well as the prescribed medications for the Child with instructions for administration. license. 9. None of the parties shall drive with the Child in a motor vehicle without a current drivers 10. In the event any party seeks to modify the custody arrangements set forth in this Order, the parties shall cooperate in completing the custody evaluation by Stanley Schneider, PhD., which had previously been required by this Court's May 30, 2002 Order. All costs of the evaluation shall be equally shared between the parties, with the Step-mother receiving credit for the $1000.00 payment already made to Dr. Schneider's office. No hearing shall be scheduled on a Petition for Modification until such time as the custody evaluation has been completed. 11. None of the parties shall do or say anything which may estrange the Child from any other party, injure the opinion of the Child as to any other party, or hamper the free and natural development of the Child's love and respect for any other party. All parties shall ensure that anyone having contact with the Child complies with this provision. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by consent of all parties. In the absence of consent by all parties, the provisions of this Order shall control. BY THE COURT, f7 lz Kevin . Hess, J. cc;eCarol J. Lindsay, Esquire - Counsel for Plaintiff/Step-mother /? O ut D /Nathan C. Wolf, Esquire - Counsel for Father ' L /Karl E. Rominger, Esquire - Counsel for Mother CYNTHIA M. CORN, Plaintiff VS. KEITH E. CORN and ELORIA A. ROMO, Defendants PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-992 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 Coda Z. Romo October 30, 1993 2. A Conciliation Conference was held on August 21, 2002, with the following individuals in attendance: The Plaintiff (Step-mother), Cynthia M. Corn, with her counsel, Carol J. Lindsay, Esquire, the Father, Keith E. Corn, with his counsel, Nathan C. Wolf, Esquire and the Mother, Eloria A. Romo, with her counsel, Karl E. Rominger, Esquire and Michael Whare. 3. The Mother expressly reserves the right to take any action available to her by law to pursue her challenge to the Plaintiff's standing in this matter. 4. The parties agreed to entry of an Order in the form as attached. (3ud?- ?-?` c3C5d? Date Dawn S. Sunday, Esquire Custody Conciliator CYNTHIA M. CORN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH E. CORN and NO. 2002-992 ELORIA A. ROMO, Defendants IN CUSTODY AGREEMENT THIS AGREEMENT is made this day of 2007, by and between CYNTHIA M. CORN, of Cumberland County Pennsylvania, and KEITH E. CORN, of Cumberland County, Pennsylvania. RECITALS: R.1. Keith E. Corn is the natural father of Coda Romo, born October 30, 1993, and Cynthia M. Corn is the primary custodian of Coda. R.2. Pursuant to the Court's Order of August 24, 2002, the captioned parties share legal custody of Coda and custody of the child over the weekend is shared between the parties hereto and Eloria Romo. R.3. Eloria Romo has left the Commonwealth and for several years, the parties FLOWER ? LWDSAY 26 West High Street Carlisle, PA have not known her whereabouts. She has not had custodial time with the child in at least three years. R.4. The parties wish to permit the return of Coda Romo to the primary custody of Keith Corn subject to the rights of Eloria Romo to partial custody pursuant to an Order of Court of August 24, 2002. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Coda Romo has a diagnosis of bipolar disorder and has been in residential treatment from October 2006 to February 2007. 2. Upon his return from residential treatment, Coda was visiting with his father every other weekend. 3. Coda had been a resident at the Meadows Psychiatric Unit from July 18, 2007 to receive inpatient treatment. 4. Upon Coda's release from The Meadows on July 31, 2007, Cynthia permitted Coda to stay with his father through the end of summer vacation, until Coda's return to Prosperity Residential Treatment Facility on August 24, 2007 through December 21, 2007. 5. Coda wishes to live with Keith Corn and Keith Corn desires that Coda live with him as well. 6. The parties disagree upon the appropriate treatment for Coda's bipolar disorder. 7. Keith Corn will have primary physical legal custody of Coda Romo from the date of execution of this Agreement. 8. Keith Corn acknowledges and agrees that the responsibility for Coda's psychiatric care will be exclusively his after the execution of this Agreement. 9. The parties agree that the terms of this Agreement may be entered as a Court Order modifying the Order of August 24, 2002 as to the parties hereto. 10. Keith Corn will be solely responsible for the child's support and for providing health insurance coverage for him commencing December 22, 2007, subject to any obligation of Eloria Romo. 11. Keith Corn will be responsible to pay the legal bills to have this Order SAIDIS, FLOWER & LINDS" 26 West High Street Carlisle, PA executed. IN WITNESS WHEREOF, the parties hereto set their hands and seals the date above first written. ,, /)Z,/" I Cynthia orn ecr\- Keith E. Corn COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the &day of C 2007, before me, the undersigned officer personally appeared CYNT A M. CORN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Ra'te' BARBAM Culisk B"% Lc a Co?? PA M Commission E iron June 7, 2011 COUNTY OF CUMBERLAND ' (SEAL) Tit e of Officer : ss On this, the,30 day of UY? llc ? ? ti- , 2007, before me, the undersigned officer personally appeared KEITH . CORN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. SAIDIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA (t SEAL it le of Officer ( ) BARBARA E. STEEL, Notwy PA k Carlisle Bor% Cad , PA M Commission irrs Jm 7, 2011 ? 1 N ? c:,? - :.} -r7 4. ?+.? ... 5?.. - - r.? C,,3 ? , ..??? - :: ? ? ?r.. ? ?"~:; ...,t Ar CYNTHIA M. CORN, Plaintiff V. KEITH E. CORN and ELORIA A. ROMO, Defendants DEC 0 3 2007 vw/ IN THE COURT OF COMMON PLE CUMBERLAND COUNTY P AS ENNSYLVgNIA CIVIL ACTION - LAW No. 2002-992 IN CUSTODY ORDER OF COURT AND NOW, this 34- day of attached Agreement of th 1 , 2007, the t the Parties is hereb erms of the y made an Order of Court. cc: XarOl J. Lindsay, Counsel for pla tiff ,,-Keith E. Corn pro sin _ 4 LLJ Lj- C 7 N `-