HomeMy WebLinkAbout06-1957HEATHER ELIZABETH SPECK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
VS. No.06-/[IS CIVIIAERM
TIMOTHY WOOD,
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
Petitioner, Heather Elizabeth Speck, by and through her counsel, Grace E. D'Alo
of MidPenn Legal Services, states the following:
1. Petitioner, hereinafter referred to as "Mother," resides at 53 Magaro Road, Enola,
Cumberland County, PA, 17025.
2. The above Defendant has no current address but works at Woody's Towing in
West Fairview, Enola, Cumberland County, PA 17025.
3. Mother and Defendant are the natural parents of:
a. Timothy Andrew born March 9, 2003, and;
b. Tristan Michael born May 28, 2005.
4. Mother and Defendant were never married.
5. The children have lived with the parties at the following addresses for the time
specified:
a. Timothy Andrew lived with Mother and Defendant from his birth until
February 2004 at 31 N. View Drive in Carlisle 17013;
b. Timothy Andrew lived with Mother, Defendant and Sherry Ciccocioppo,
his maternal grandmother from February 2004 until July 2004 at his
maternal grandmother's house at 53 Magaro Drive, Enola, PA 17025.
c. Timothy Andrew lived with Mother and alternated between living at
maternal grandmother's house described above and living with the
maternal grandfather, at 288 Marsh Run Road, New Cumberland, PA.
d. When Tristan Michael was born on May 28, 2005, both children were
living with their maternal grandfather and Mother at 288 Marsh Run Road,
New Cumberland, PA.
6. The Defendant is not acting in the child's best interest for reasons including, but
not limited to, the following:
a. Defendant is not able to appropriately discipline the children and has
shown his frustration by responding violently to normal childhood
behavior.
b. Defendant has a history of violence and continually exposes his children
to his violent attacks on others.
c. Defendant has threatened to beat the Mother if she persists in trying to get
custody.
d. Defendant has threatened to keep the children away from Mother.
7. Mother is the parent who can best provide for the child for reasons including, but
not limited to, the following:
a. The mother is presently able to provide for the child by giving the child a
nurturing and stable home environment and providing for her emotional,
physical, medical and educational needs;
b. After the birth of her second child, Mother developed a dependency on
painkillers.
c. Although Mother was recently incarcerated for her use of illegal drugs,
she used that experience to:
i. Obtain her GED;
ii. Attend parenting classes;
iii. Get drug treatment and maintain a healthy life style.
d. Mother can. best facilitate and maintain any contact between the child and
the Defendant.
8. Mother requests that the Court grant primary physical and legal custody of the
child to her and grant the Defendant reasonable visitation.
9. Without this Court's intervention, children are at risk of being once again
separated from Mother.
10. Mother is not aware that Defendant has legal counsel and, therefore, cannot
attempt to contact her/him to obtain a concurrence for the relief requested.
WHEREFORE, Petitioner respectfully requests the following:
a. Heather Elizabeth Speck shall have primary legal and physical custody of
the children.
b. The custodial rights of Defendant shall have visitation as ordered by this
Court or agreed to by the parties;
c. Any other relief this court deems just and proper.
Respectfully submitted,
i
G ac E. D'Alo
Aito ney for Plaintiff/ Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
VERIFICATION
The above-named Plaintiff, Heather Elizabeth speck,
verifies that the statements made in the attached Petition for
special Relief are true and correct. Plaintiff understands that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: I L4_ X15 ?Q \ r
Heather Elizabeth'speck
HEATHER ELIZABETH SPECK, : IN TtIE COURT of COMMON PLEAS OE
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
vs.
TIMOTHY WOOD,
No. 06- CIVIL TFRM
Defendant . IN CUS ronY
AFFIDAVIT OF SERVICE
BY THE CUMBERLAND COUNTY SHERIFF'S OFFICE
1, Grace D'Alo, do hereby swear that I caused the Defendant, Timothy Wood, to
be served with the attached Complaint in Custody. On April 5, 1 asked the Sheriff to
attach this Complaint to the Petition for Protection for Abuse that was also filed in this
case on April 5, 2006, because the Plaintiff is not aware of any current address for the
Defendant.
I, Grace E. D'A1o, verify that the statements made in this Affidavit of Service are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: Signature-
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HEATHER FLIZABETH SPECK
Plaintiff
vs.
TIMOTHY WOOD,
Defendant
IN T[ IF. COURT Of COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
5I
No. 06- I Civii. TERM
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Heather Elizabeth Speck, Plaintiff, to proceed in forma pauperis.
I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to
the party.
Grac Alo
Jessi iamondstone
Geoffrey Biringer
Attorneys for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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HEATHER ELIZABETH SPECK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TIMOTHY WOOD
DEFENDANT
06-1957 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, April 06, 2006 , 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 Tuesday, May 02, 2006 at 10:30 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.
Bv: /s/ jacqueGne M. T ey, Esq. I ?M?
Custody Conciliator h%
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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HEATHER ELIZABETH SPECK,
Plaintiff
V.
TIMOTHY WOOD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1957 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 12th day of April, 2006, by
agreement of the parties, the Petition of Father for Special
Relief is granted, and we shall enter the following Order, which
is meant only as a temporary resolution and shall in no way
affect the substantive rights of the parties at any further
hearing in this matter:
1. Father shall have primary physical custody of the
children.
2. Mother shall have partial physical custody of the
children every Tuesday and Thursday from 9:00 a.m. until 5:00 p.m.
Provided, however, that said partial custody shall at all times
be supervised by maternal grandmother, Sherry Ciccocioppo.
Provided, further, that if Mother finds a job such that her work
schedule prohibits this partial visitation, the schedule shall
be modified to allow equivalent time with Mother.
3. All transportation to and from Mother's periods
of partial custody shall be by the paternal grandfather, Donald
Wood, or any other responsible adult aside from Father or his
current spouse.
4. Mother shall not take the children to the doctor
or to the hospital except in cases of emergency. In those
events, she shall provide immediate notice to Father.
Speck vs. Wood
06-1957 Civil Term
By the Court,
Edward E. Guido, J.
?e D'Alo, Esquire
For the Plaintiff
ichael A. Koranda, Esquire
\\For the Defendant
??Sheriff CP)
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HEATHER ELIZABETH SPECK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-1957 CIVIL TERM f
TIMOTHY WOOD,
Defendant IN CUSTODY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TIMOTHY A. WOOD, SR., IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V.
. NO. 06-1967 CIVIL TERM
HEATHER ELIZABETH SPECK, :
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this 12th day of April, 2006, these
matters are consolidated at 06-1957 Civil Term for all future
purposes.
B1
Edward E. Guido, J.
Grace D'Alo, Esquire
For Heather E. Speck
Michael A. Koranda, Esquire
For Timothy A. Wood, Sr.
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SEP 2 9 2006
HEATHER E. SPECK, : IN THE COURT OF COMMON PLEAS O
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-1957 CIVIL ACTION LAW
TIMOTHY A. WOOD, SR.,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 29th day of September, 2006, the Conciliator not being contacted
for 90 days following a general continuance, the Conciliator hereby relinquishes
jurisdiction in this matter.
FOR THE COURT,
ac line M. Verney, Esquire, C ody Conciliator
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HEATHER ELIZABETH SPECK, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 06-1957 CIVIL TERM
TIMOTHY WOOD, SR.
Defendant CUSTODY
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PRAECIPE TO PROCEED IN FORMA PAUPERIS
_
To the Prothonotary:
Kindly allow, Heather Speck, Plaintiff, to proceed in forma ap uperis.
I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I b elieve
the party is unable to pay the costs and that I am provid0e legal services to the party.
Jess i o1st, EJquire
Mi n Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
HEATHER ELIZABETH SPECK, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
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vs. NO. 06-1957 CIVIL TERM
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TIMOTHY WOOD, SR. - 77
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Defendant CUSTODY
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PETITION FOR EMERGENCY RELIEF
Petitioner, Heather Speck, by and through her counsel, MidPenn Legal Services, states the
following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at a
residence that she is requesting remain confidential based on the history of domestic
violence with Defendant and in recognition of Defendant's current issues with domestic
violence.
2. Respondent is the above-named Defendant, hereinafter referred to as Father. It is
believed that Father is residing at 1790 New Valley Road, Marysville, Perry County,
Pennsylvania 17053.
3. The parties are the natural and biological parents of the minor children, Timothy Andrew
Wood, born March 9, 2003 and Tristan Michael Speck-Wood, born May 28, 2005.
4. A prior Custody Order was entered in this case by the Honorable Judge Edward E. Guido
on April 12, 2006. The Order is attached hereto as "Exhibit A" and in pertinent part
grants Father primary custody of the children and provides that Mother shall have periods
of supervised visitation with the children.
5. Father is not acting in the children's best interests for reasons including, but not limited
to, the following:
a. Since the entry of the Custody Order in April 2006, Father has repeatedly moved
and not provided Mother with an address, thus interfering with her right to
visitation with the children. To the best of Mother's knowledge, Father has lived
in Snyder County, Dauphin County and Maryland but this is the first that Mother
has been able to obtain a specific address for Father.
b. Father was recently sentenced to time served following an arrest for Simple
Assault, a misdemeanor of the second degree. This resulted from an incident in
which Father was charged after threatening his estranged wife, Nichole Wood,
with a wooden baseball bat.
c. Father is waiting for his arraignment on several additional criminal charges;
specifically possession of drug paraphernalia, possession of Marijuana, possession
of two sawed off shotguns and possession of Amphetamine. It is believed that
these charges are likely to result in a period of incarceration for Father.
d. Despite the responsibility of being the primary caretaker of the minor children,
Father has engaged in various criminal activities without regard to the well-being
of the children.
e. Father's behavior has repeatedly resulted in Mother becoming estranged from the
children and has significantly interfered with the mother/child relationship.
6. Mother is the parent who can best provide for the children for reasons including, but not
limited to, the following:
a. Mother has been persistent in her attempts to see the children despite Father's
interference with that relationship.
b. At the time of the April 2006 hearing, Mother had recently been released from a
period of incarceration but she has been extremely proactive in her sobriety and
rehabilitation to become a contributing member of the community.
c. Mother recognizes the issues that she may face after such an extended period of
time away from the children and she has already coordinated with a Family
Counselor to help the children adjust to any changes in the custodial situation.
d. Mother is presently able to provide for the children by giving them a nurturing
and stable home environment and providing for their emotional, physical, medical
and educational needs.
e. Mother is fully capable of caring for the children on a primary basis and has done
so in the past.
f. Mother is willing to communicate with and work cooperatively with Father to co-
parent the children and will encourage their father/son relationships.
8. Without this Court's intervention, the children are at risk of emotional and possibly
physical harm. The risk of emotional harm is evident in Father's continual interference with the
mother/son relationships and his repeated attempts to prevent Mother from seeing the children.
The risk of physical harm stems from Father's involvement in criminal activity that could
directly, or indirectly, place the children in harms way.
WHEREFORE, Mother respectfully requests that the Court order the following:
a. Plaintiff shall have primary physical custody of the children, Timothy
Andrew Wood, born March 9, 2003 and Tristan Michael Speck-Wood,
born May 28, 2005.
b. Defendant shall have periods of partial custody as agreed by the
parties.
c. The parties shall share legal custody of the children.
d. This matter shall be scheduled for hearing.
e. The local police or other appropriate law enforcement agency shall
assist Plaintiff in regaining custody of the children from Defendant or
any other adult who may have custody of the children.
f. Any other relief this Court finds just and equitable.
submitted,
Jessi VoIN Esquire
Mi nn Legal Services
401 E. Louther Street
Carlisle, PA 17013
VERIFICATION
The above-named PLAINTIFF, Heather speck, verifies that the
statements made in the above PETITION FOR EMERGENCY RELIEF are
true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Date:
Heather
sp ck
HEATHER ELIZABETH SPECK,
Plaintiff
V.
TIMOTHY WOOD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1957 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 12th day of April, 2006, by
agreement of the parties, the Petition of Father for Special
Relief is granted, and we shall enter the following Order, which
is meant only as a temporary resolution and shall in no way
affect the substantive rights of the parties at any further
hearing in this matter:
1. Father shall have primary physical custody of the
children.
2. Mother shall have partial physical custody of the
children every Tuesday and Thursday from 9:00 a.m. until 5:00 p.m.
Provided, however, that said partial custody shall at all times
be supervised by maternal grandmother, Sherry Ciccocioppo.
Provided, further, that if Mother finds a job such that her work
schedule prohibits this partial visitation, the schedule shall
be modified to allow equivalent time with Mother.
3. All transportation to and from Mother's periods
of partial custody shall be by the paternal grandfather, Donald
Wood, or any other responsible adult aside from Father or his
current spouse.
4. Mother shall not take the children to the doctor
or to the hospital except in cases of emergency. In those
events, she shall provide immediate notice to Father.
Speck vs. Wood
06-1957 Civil Term
By the ;CoUrt?
Edward E. Guido, J.
G; /e D'Alo, Esquire
r the Plaintiff
Michael A. Koranda, Esquire
For the Defendant
Sheriff
srs
HEATHER ELIZABETH SPECK,
Plaintiff
VS.
TIMOTHY WOOD, SR.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-1957 CIVIL TERM
: CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Holst, do hereby swear that I served Timothy Wood, Sr., with a Petition for
Emergency Relief on , 2010 by certified mail, return receipt, restricted
delivery, to the person and address below:
Timothy Wood, Sr.
1790 New Valley Road
Shermans Dale, PA 17053
I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
AVA
Date: AIL-1-10 Signature:
HEATHER ELIZABETH SPECK,
Plaintiff
VS.
TIMOTHY WOOD, SR.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-1957
CIVIL TERM
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Defendant : CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
Petitioner, Heather Speck, by and through her counsel, MidPenn Legal Services, states
the following:
1. Plaintiff/Petitioner, hereinafter referred to as Mother, resides at a residence that she is
requesting remain confidential based on the history of domestic violence with
Defendant and in recognition of Defendant's current issues with domestic violence.
2. Defendant/Respondent, hereinafter referred to as Father, is believed to reside at 1790
New Valley Road, Marysville, Perry County, Pennsylvania 17053.
3. The above-named parties are the natural parents of Timothy Andrew Wood, born
March 9, 2003 and Tristan Michael Speck-Wood, born May 28, 2005.
4. A prior Custody Order was entered in this case by the Honorable Judge Edward E.
Guido on April 12, 2006. The Order is attached hereto as "Exhibit A" and in
pertinent part grants Father primary custody of the children and provides that Mother
shall have periods of supervised visitation with the children.
5. Father has willfully disobeyed the current Order in ways including, but not limited to,
the following:
a. Since the entry of the Custody Order in April 2006, Father has repeatedly
moved and not provided Mother with an address, thus interfering with her
right to visitation with the children. To the best of Mother's knowledge,
Father has lived in Snyder County, Dauphin County and Maryland but this is
the first that Mother has been able to obtain a specific address for Father.
b. Father's behavior has repeatedly resulted in Mother becoming estranged from
the children and has significantly interfered with the mother/child relationship.
6. Father is not acting in the children's best interest for reasons including, but not
limited to, the following:
a. Father was recently sentenced to time served following an arrest for Simple
Assault, a misdemeanor of the second degree. This resulted from an incident
in which Father was charged after threatening his estranged wife, Nichole
Wood, with a wooden baseball bat.
b. Father is waiting for his arraignment on several additional criminal charges;
specifically possession of drug paraphernalia, possession of Marijuana,
possession of two sawed off shotguns and possession of Amphetamine. It is
believed that these charges are likely to result in a period of incarceration for
Father.
c. Despite the responsibility of being the primary caretaker of the minor
children, Father has engaged in various criminal activities without regard to
the well-being of the children.
7. Mother is entitled to a modification of the current order, which is in the children's
best interest, for reasons including but not limited to the following:
a. Mother wants to reestablish the relationship that she had established with the
children prior to the entry of the April 2006 Order.
b. Mother has been persistent in her attempts to see the children despite Father's
interference with that relationship.
c. At the time of the April 2006 hearing, Mother had recently been released from
a period of incarceration but she has been extremely proactive in her sobriety
and rehabilitation to become a contributing member of the community.
d. Mother recognizes the issues that she may face after such an extended period
of time away from the children and she has already coordinated with a Family
Counselor to help the children adjust to any changes in the custodial situation.
e. Mother is presently able to provide for the children by giving them a nurturing
and stable home environment and providing for their emotional, physical,
medical and educational needs.
f. Mother is fully capable of caring for the children on a primary basis and has
done so in the past.
g. Mother is willing to communicate with and work cooperatively with Father to
co-parent the children and will encourage their father/son relationships.
8. It is unknown whether Father is represented and counsel for Mother is unable to
request concurrence for the relief requested in this Petition. It is believed that Father
would not concur with the relief requested.
WHEREFORE, Mother respectfully requests that this Court find the following:
a. Defendant is in contempt of the April 12, 2006, Custody Order.
b. This matter shall be scheduled for conciliation.
c. Until the time of the conciliation conference, Mother and Father continue to share
legal custody of the children.
d. Until the time of the conciliation conference, Mother shall have primary physical
custody.
e. Until the time of the conciliation conference, Father shall have periods of supervised
visitation.
f. The parties shall have reasonable contact via telephone and written correspondence
with the children when they are in the other parent's custody.
g. Any other relief this Court finds just and proper.
submitted,
jes a tioist, rsquire
Mi enn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
The above-named PLAINTIFF, HEATHER SPECK, verifies that the
statements made in the above Petition for contempt and
modification are true and correct. Plaintiff understands that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to
authorities.
Date: 2-"12-10
t?QC&LA
HEATHER SPECK
HEATHER ELIZABETH SPECK,
Plaintiff
v.
TIMOTHY WOOD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-1957 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 12th day of April, 2006, by
agreement of the parties, the Petition of Father for Special
Relief is granted, and we shall enter the following Order, which
is meant only as a temporary resolution and shall in no way
affect the substantive rights of the parties at any further
hearing in this matter:
1. Father shall have primary physical custody of the
children.
2. Mother shall have partial physical custody of the
children every Tuesday and Thursday from 9:00 a.m. until 5:00 p.m.
Provided, however, that said partial custody shall at all times
be supervised by maternal grandmother, Sherry Ciccocioppo.
Provided, further, that if Mother finds a job such that her work
schedule prohibits this partial visitation, the schedule shall
be modified to allow equivalent time with Mother.
3. All transportation to and from Mother's periods
of partial custody shall be by the paternal grandfather, Donald
Wood, or any other responsible adult aside from Father or his
current spouse.
4. Mother shall not take the children to the doctor
or to the hospital except in cases of emergency. In those
events, she shall provide immediate notice to Father.
Speck vs. Wood
06-1957 Civil Term
By the CoUrt-,
Edward E. Guido, J.
Gtr e D'Alo, Esquire
r the Plaintiff
Michael A. Koranda, Esquire
For the Defendant
Sheriff
srs
HEATHER ELIZABETH SPECK, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-1957 CIVIL TERM
TIMOTHY WOOD, SR.
Defendant CUSTODY
CERTIFICATE OF SERVICE
I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Heather Speck,
hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification
by: U.S. First Class Certified Mail, Return Receiut, Restricted Delivery
Timothy Wood, Sr.
1790 New Valley Road
Marysville, PA 17053
Date:
MidPenn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717)243-9400
FEB '17 2010
HEATHER ELIZABETH SPECK, IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 06-1957 CIVIL TERM
TIMOTHY WOOD, SR.
Defendant : CUSTODY
eda ORDER OF COURT
AND NOW, this of °?0/?
y upon consideration of the Petition for
Emergency Relief, the following order is entered:
ies.
j& TIM parues snall snare ega cus o y o e CMTMMr
.0" This matter shall be scheduled for hearing on?
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the Cou
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Judge m n
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Distribution:
,,4essica Holst, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
/Timothy Andre Wood, Sr.
1790 New Valley Road
Marysville, PA 17053
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HEATHER ELIZABETH SPECK IN THE COURT OF COMMON PLEAS OF
I'l-AINTIFF CUMBERI..AND COUNTY, PENNSYLVANIA
V. 2006-1957 CIVIL ACTION LAW
TIMOTHY WOOD SR. IN CUSTODY
DEFI?,NDANT .
ORDER OF COURT
AND NOW, Friday, February 19, 2010 , upon consideration of the attached Complaint,
"-----
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator,
Tuesday, March 23, 2010 at 9:30 AM
at 4th Floor, Cumberland County Courthouse, Carlisle on
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide vrounds 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/ Lac ueKne M Verney, Esq.,
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 YR ATTORNEY AT ONCE. IF YOU D
RD ONEU O TO OR TELEPHONE THE OFFICE SETT
HAVE AN ATTORNEY OR CANNOT AFFORD
FORTH 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
R ;
L? O FE Al 10:3 i
HEATHER ELIZABETH SPECK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-1957 CIVIL TERM
TIMOTHY WOOD, .
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 5th day of March, 2010, after
hearing, we enter the following Order, which is meant only as a
Temporary Order and shall in no way affect the substantive
rights of the parties at a full and fair hearing on the merits
after the custody conciliation:
1. Father shall have primary physical custody of the
children.
2. Mother shall have partial physical custody of the
children every other weekend from Friday at 5:00 p.m. until
Sunday at 5:00 p.m.
3. The parties shall meet at a mutually agreeable
location to transfer the children for periods of partial
physical custody.
4. The parties shall have joint legal custody of the
children.
5. In the event that father becomes incarcerated,
n o
mother shall be entitled to primary physical custody of &e
children.
By t
t- . ]
-- Jessica Holst, Esquire
Four the Plaintiff
srs en.-z ( &?c
Timothy Wood
Defendant, Pro se
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HEATHER ELIZABETH SPECK,
Plaintiff
V.
TIMOTHY WOOD, SR,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
• C
NO.: 2006-1957
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO ENTER APPEARANCE =< :.?
• -., <
TO THE PROTHONOTARY:
Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for
the Defendant, Timothy Wood Sr., per his request.
Respectfully Submitted,
Date:
y lani rb
Attorney ID # 84445
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
(717)975-9446
Attorney for Defendant
Melanie L. Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Merb ,dcdlaw.net
HEATHER ELIZABETH SPECK,
Plaintiff,
V.
TIMOTHY WOOD SR.,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 2006-1957
: CIVIL ACTION
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true a correct copy of the foregoing
Praecipe was served by first class mail upon the following:
Jessica Holst, Esquire
Mid Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
Attorney for Plaintiff
Date:
e1 ie L. rb
AUG 232010
TIMOTHY WOOD, SR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 06-1957 CIVIL TERM
HEATHER ELIZABETH SPECK
G
Defendant CUSTODY
V
ORDER OF THE COURT
A 0 Id
AND NOW, this day of upon consideration of the Petition for
Emergency Relief, the following order is entered:
a. Plaintiff shall have primary physical custody of the children, Timothy Andrew Wood,
born March 9, 2003 and Tristan Michael Speck-Wood, born May 28, 2005
b. Defendant's periods of visitation shall be suspended until the time of the hearing.
c. The parties shall share legal custody of the children. ?o -/
d. This matter shall be scheduled for heal' l on 4 at ?/L? 'dA
• n0 m. in Courtroom Number. ,3?
'@v- *he sike "p,18PA"te low -W11
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Judge
puca
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HEATHER ELIZABETH SPECK, : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 06-1957 - CIVIL TERM
TIMOTHY WOOD, SR., IN CUSTODY
Defendant
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of Cumberland
ss.
1. Bryan W. Shook, being duly sworn according to law, deposes and say that on August
25, 2010 1 personally served a subpoena to attend and testify, issued August 25, 2010,
upon Karen French at Perry County Children and Youth Services in New Bloomfield,
Perry County, Pennsylvania and made the contents therein known.
Respectfully submitted,
DATE:_ C? BY: J 17
BryW. Shook, Esquire
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Sworn and Subscribed before me, this 26th day of August, 2010.
EI?Gt- V--1 Notary Public COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Danielle Winn, Notary Public G1 ?
Camp Hill Boro, Cumberland County I N My commission expires:
My Commission Expires Sept. 9, 203 `J
- y . .?
Member, Pennsvivanla Association of Notaries -G ` s
TIMOTHY WOOD, SR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 06-1957 CIVIL TERM
HEATHER ELIZABETH SPECK, .
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 27th day of August, 2010, the
children having been returned, our Order of May 7, 2010 shall
continue in full force and effect. Our Order of August 24, 2010
suspending Mother's visitation is vacated.
By the Cour
Edward E. Guido, J.
Melanie L. Erb, Esquire
Bryan W. Shook, Esquire
2132 Market Street
Cam Hill, PA 17011
Heather E. Speck
288 Marsh Run Road
New Cumberland, PA 17070
srs
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TIMOTHY WOOD, SR IN THE COURT OF COMMON PLEAS OF'
PLAINTIFF CUMBERLAND COUNTY, PE.,NNSYLVANIA
V.
206-1957 CIVIL ACTION LAW
HEATHER ELIZABETH SPECK
DFFE,r DAN-[
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, September 03, 2010 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 Country Courthouse, Carlisle on Tuesday September 28, 2010 at 10:30 AM
fora Pre-Hearing C'iustody (.'onference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to arwar 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/ ac ueline_M_. Verne v, Esa
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 havin, 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. Ct
Cumberland County Bar Association
9.3.10 cO-pk? MO-0e-6
32 South Bedford Street rr
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166 r<
J T.,
9-3-to Cod `?IaCe-j I n VU) s
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SEP3p[U)U
TIMOTHY WOOD, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.2006-1957 CIVIL ACTION -LAW
HEATHER ELIZABETH SPECK,:
Defendant : IN CUSTODY ~
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PRIOR JUDGE: Edward E. Guido, J. ~;'~ -"'' ;~
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CUSTODY CONCILIATION SUMMARY REPORT `~~o = =`~-~-"
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IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL ~'
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Timothy Andrew Wood, Jr. March 9, 2003 Father
Tristan Michael Speck-Wood May 28, 2005 Father
2. A Conciliation Conference was held in this matter on September 28, 2010,
with the following in attendance: The Father, Timothy Wood, Sr., with his counsel, Brian
W. Shook, Esquire, and the Mother, Heather Elizabeth Speck, with her counsel, Michael
O. Palermo, Jr., Esquire.
3. The Honorable Edward E. Guido previously entered Orders of Court dated
May 7, 2010, August 24, 2010 and August 27, 2010 providing for shared legal custody,
Father having primary physical custody with Mather having periods of partial physical
custody on alternating weekends and one evening per week. The parties shaze physical
custody on a week on/week off basis in the summer.
4. Father filed a Petition for Contempt and Modification based on Mother's
failure to return the children and attempt to enroll them in West Shore School District.
Judge Guido scheduled a hearing on Father's Contempt Petition, but when he heard that
Mother had returned the children, Judge Guido entered an Order of Court, reverting to the
prior Order dated May 7, 2010.
5. The parties agreed that no new Order needed to be entered.
Date acq line M. Verney, Esquire
Custody Conciliator
~cc: Brian W. Shook, Esquire, Counsel for Father
~ Michael O. Palermo, Jr., Esquire, Counsel for Mother
~p,~s n1a.~C~ed iol Nlia
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~ •
HEATHER ELIZABETH SPECK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2006-1957 CIVIL TERM
TIMOTHY WOOD, SR.,
Defendant IN CUSTODY
PARTIAL TRANSCRIPT OF PROCEEDINGS
IN RE: TESTIMONY OF HEATHER E. SPECK
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Friday, May 7, 2010,
in Courtroom No. 3
APPEARANCES:
JESSICA HOLST, Esquire
For the Plaintiff
MELANIE L. ERB, Esquire
For the Defendant
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INDEX TO WITNESS
FOR THE PLAINTIFF DIRECT CROSS
Heather E. Speck 3 31
•
•
1 HEATHER E. SPECK
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MS. HOLST:
5 Q Would you please state your name and spell it
6 for the record.
7 A Heather E. Speck. H-e-a-t-h-e-r, E is my
8 middle initial, and my last name is S-p-e-c-k.
9 Q How old are you?
10 A Twenty-eight.
11 Q Where do you live?
12 A 288 Marsh Run Road, New Cumberland,
13 Pennsylvania, 17070.
14 Q Who lives there with you?
15 A My father and my son, Jacob.
16 Q Do you have any other children?
17 A Yes, I do.
18 Q Who are they?
19 A I have Timothy, Tristan, Nicholas.
20 Q Ages?
21 A Eight, seven, four, and nine months.
22 Q It's correct we are here today with regard to
23 Timothy and Tri stan?
24 A Correct.
25 Q The gentleman to my far right, do you know
3
•
1 who he i s?
2 A Yes.
3 Q Who is he?
4 A Timothy Andrew Wood, the father of Timothy
5 and Tris tan.
6 Q How long were the two of you together?
7 A Four years, maybe. I'm not even sure. I
8 think it mig ht have been four years we were together or
9 three. _
10 Q Is it correct that you're here today seeking
11 .primary cust ody of Timothy and Tristan?
12 A Correct.
13 Q What is the current custody schedule for the
14 boys?
15 A Right now, I only get them Tuesday and
16 Thursday fro m 4:30 p.m. till 7:30 p.m., and every other
17 weekend from Friday at 7:00 p.m. in the evening till 7:00
18 p.m. in the evening on Sunday.
19 Q How long has that schedule been in place?
20 A Since the end of March or April, when we went
21 in front of the conciliation.
22 Q Of what year?
23 A 2010.
24 Q Prior to that, what schedule was in place?
25 A I got them February 27th, and I could have
4
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1 them from -- I got them at 5:00 on Saturday until 5:00 p.m.
2 on Sunday.
3 Q Prior to the end of February, what schedule
4 did the two of you follow?
5 A Before February, I didn't get to see my
6 .children.
7 Q Is it correct that there is an Order from
8 April of 2006?
9 A Correct.
10 Q What was the schedule in that Order?
11 A That I could only get them Tuesdays and
12 Thursdays and in front of the supervision of my mother,
13 Sherry Ciccocioppo.
14 Q How long did that schedule last?
15 A Not long. Two days, maybe. Twice, maybe. I
16 seen them on a Tuesday and a Thursday. Then the following
17 Tuesday, when I was supposed to get them, my mom, since it
18 was only in front of -- we called to see if I could have --
19 like if it would be able to be just me, but it's not. I
20 could only be there with my mom, and my mom had a doctor's
21 appointment that day.
22 Q So, soon after the April 2006 Order was
23 entered up until February of 2010?
24 A Yeah, I did not see the kids. I had spoken
25 to Tim through that time, but never spoke to the kids or
5
1 seen the kids.
2 Q What steps did you take to try to see the
3 kids between April of 2006 and February of 2010?
4 A I went to MidPenn Legal Services, and I was
5 at Dickinson School of Law. I also tried to hire an
6 attorney, but couldn't afford it, to get my children. But
7 every time I went, I needed the set address of them.
8 Q Set address of who?
9 A Of where the kids were residing.
10 Q Why didn't you have it?
11 A Because I didn't know where they were living
12 at the time.
13 Q What efforts did you make to try to find an
14 address for the children?
15 A I was told that they lived at 31 North View
16 Drive, where I used to live. I went around talking to the
17 neighbors, and they said, no, we haven't seen them. But
18 then some neighbors would say, oh, yeah, they live there.
19 But every time I would go, nobody would be there. And I've
20 been to the shop when it was in West Fairview.
21 Q What was the shop?
22 A It's where the junkyard used to be. Every
23 time I went there, Wanda or Bobbie Jo would say -- and I
24 talked to Wanda outside of that, too -- I would be told, oh,
25 he doesn't work here, him and his dad got into a big fight,
6
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1 and it would be a big thing.
2 Q How did you learn of the current address?
3 A My grandmother.
4 Q How did that come about?
5 A Because she lives in Marysville. One morning
6 she was driving -- she might have been going to the store,
7 and she happened to go past my Uncle Tom's house. My Uncle
8 Tom lives on the same road. When she was going back, she
9 could have swore she seen Timothy and Tristan out there. We
10 then came to find out that it was Timothy and Tristan,
11 because she seen them again, and I was able to get the
12 address and everything. Also, I called the courthouse. I
13 was told he was in some trouble, so I called the courthouse
14 and got everything that I needed to know. I got the correct
15 address and all of that from the courthouse. And my
16 grandmother, the only thing she told me was he lived on New
17 .Valley Road.
18 Q Once you had the address, what did you do in
19 regard to custody?
20 A First I went to Dickinson School of Law, and
21 they said they could not help me because it was a conflict
22 of interest. Then I went to MidPenn Legal Services.
23 Q When you have the boys with you, what kinds
24 of things do the three of you do?
25 A We go to the park. We play games at home.
7
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1 We have a thing -- it's family night. That's on the
2 weekends when they come. We tried playing baseball and
3 stuff with the m, but Timothy does not like to play baseball
4 at all. Like he throws a fit when we throw the ball to him.
5 Q What other things do you guys do together?
6 A We go to my grandma's house for dinner every
7 other Sunday t hat they're with us. We go visit my mom. We
8 visit their un cle. We visit family. We also go to
9 Nicholas' acti vities too, like his baseball activities. The
10 kids have been there, also, once so far.
11 Q How have the boys adjusted to being in your
12 home and aroun d your family?
13 A It was like they've been with me forever.
14 MS. HOLST: May I approach, Your Honor?
15 THE COURT: You may.
16 BY MR. HOLST:
17 Q I'm going to show you what has been marked as
18 Plaintiff's 1. Do you recognize these?
19 A Yes, I do.
20 Q What is it?
21 A Pictures of my kids on the bed.
22 Q Which children are shown in those pictures?
23 A Timothy, Nicholas and Tristan.
24 Q When were those pictures taken?
25 A February 27th.
8
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Q As far as playing together with the other two
children, how did Timothy and Tristan do?
A Oh, my goodness, great. Timothy and Nick and
Tristan, they all get along great. Tristan is very, very
protective over the baby, Jacob, like -- do you know what I
mean? Like he looks over Jacob, Tristan.
Q You testified that Jacob lives with you?
A Correct.
Q And Nicholas does not?
A No.
Q What is your schedule with regard to
Nicholas?
A Well, I used to get him all the time until
October, when his father moved into the house. I still got
him, but then it cut back a little bit, because him and I
would argue.
Q Moved into what house?
A Christopher moved out. He moved a couple of
times. But the last place that he --
THE COURT: I need a score card.
MS. HOLST: Let me try to clarify this, Your
Honor.
BY MS. HOLST:
Q Nicholas was living with whom?
A The nana.
9
•
1 THE COURT: Who is Nicholas, one of the
2 children?
3 THE WITNESS: My son, my eight-year-old, my
4 oldest. He was living with his nana.
5 BY MS. HOLST:
6 Q Did you negotiate with the nana for visits
7 and times to ha ve Nicholas at your home?
8 A Yes.
9 Q What was the schedule that the two of you
10 worked out?
11 A I could see him whenever I wanted. It didn't
12 really matter. If I wanted him on a Wednesday, my mother
13 .and I could get him.
14 Q How long was that schedule in place?
15 A It was all the time until Christopher moved
16 in in October.
17 THE COURT: Who is Christopher?
18 THE WITNESS: Nicholas' father. See, Nick
19 didn't live wit h his dad or I. He moved in with his nana.
20 THE COURT: Where did Christopher move into?
21 THE WITNESS: He left his wife and moved in
22 with his mom, D eb, where Nicholas had resided at, in
23 October.
24 THE COURT: Who lives with you, then, your
25 father and --
10
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1 THE WITNESS: My father and my son Jacob.
2 THE COURT: That's the nine-month-old?
3 THE WITNESS: Yes.
4 THE COURT: Where is Jacob's father?
5 THE WITNESS: He don't really see -- he sees
6 Jacob, but not really. He's not really in the picture at
7 all.
8 BY MS. HOLST:
9 Q Starting in October, how frequently was
10 Nicholas in th e home with you?
11 A All the time, any time that I wanted him. He
12 would be there during the week. He would be there on
13 weekends. It would just depend.
14 Q But that's not changed?
15 A Oh, yes.
16 Q Since when?
17 A Since October. Well, it changed in October,
18 but it really changed in -- like got worse when this all
19 started with t he courts.
20 Q When you started the process with Tristan and
21 Timothy?
22 A Yes, correct.
23 THE COURT: How often do you see Nicholas
24 now?
25 THE WITNESS: I'm only allowed to see him
11
1 every other weekend now. That's it.
2 THE COURT: The same weekends that you have
3 these two children?
4 THE WITNESS: At first, it wasn't. I
5 actually ended up switching so I could have them together,
6 because they weren't -- Chris wasn't allowing it at first,
7 and then I was able to switch it.
8 BY MS. HOLST:
9 Q Jacob is with you full-time?
10 A Correct.
11 Q Would it be accurate to say that you're
12 seeking primary custody of Tristan and Timothy because of
13 concerns with the current situation?
14 A Correct.
15 Q What are those concerns?
16 A The way the kids are being treated at home,
17 the things that they are telling me, the home environment,
18 how they're being taken care of.
19 Q Can you be more specific?
20 A Well, for instance, Tristan is -- he needs a
21 lot of one-on-one help right now. I've had him to a
22 counselor, and they spoke with him. He needs like
23 one-on-one, somebody that's going to be home with him and be
24 able to sit down with him and do things with him.
25 Timothy, he just -- he wants to be loved.
12
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1 You know what I mean? It's like they don't get it at home.
2 They need somebody with them that's going to take care of
3 them and be there for them when they get off the bus, like a
4 parent, blood parent, that's going to be there, the mother
5 or the father.
6 Q You have made some very serious allegations
7 as far as abuse and neglect of these children, is that
8 correct?
9 A Yes, correct.
10 Q How do you make that step?
11 A To --
12 Q To make those allegations?
13 A I have taken pictures.
14 Q Of what?
15 A Of the bruises.
16 Q On whom?
17 A Tristan. Every time he would come, there
18 would be -- not every time -- but most of the time he would
19 come, there would be bruises on him. Every time he'd come,
20 I'd take pictures of whatever I seen. That way people could
21 see it and wouldn't come back and say, oh, she's putting
22 bruises on these kids, so that nobody could try to turn. the
23 tables.
24 Q What else has led you to make those
25 allegations?
13
•
1 A Because they will tell me. They'll get in
2 the car and start telling me things that happened. They'll
3 tell me on the way to my house. They'll tell me when
4 they're there. Tristan will be playing and say, oh, this
5 happened, or I will notice something and ask him.
6 Q I'm asking you to be specific.
7 A On --
8 Q You said, they're telling me things.
9 A They tell me -- like Tristan came up to me --
10 my dad was doing dishes one time. It was on a Sunday,
11 because they were going back home that evening. Dad was
12 doing dishes and putting dish soap in the sink. Tristan
13 goes, is that all you use that for, pappie? My dad is like,
14 yes, why? That's when he made the remark that Shelbi --
15 mommy Shelbi, is exactly how he said it, puts that in my
16 mouth. I said, well, why does she put it -- well, dad said
17 it first, why does she put it in your mouth? He says, when
18 I'm bad and I have -- when I'm being loud and she a
19 headache. Then I asked Timothy -- I said, what is he
20 talking about, and Timothy gave me the same story.
21 Q What else has led you to your belief that
22 there are concerns about the way the children are being
23 treated?
24 A The way they act. When I talk, as you
25 notice, I use my hands a lot. When I'm using my hands
14
1 around my kids, it's like they, whoa, back up, you know what
2 I mean, like I'm going to hit them. When I go to give them
3 hugs, they kind of jump. At first, when they jump, they --
4 it's not like they're scared of me, because they run up and
5 give me hugs and kisses all the time. Do you know what I
6 mean? So, it's not that, oh, they don't know who I am or
7 anything like that. It's like they're scared that they're
8 going to get attacked, like they're going to get smacked or
9 grabbed ahold of.
10 MS. HOLST: May I approach, Your Honor?
11 THE COURT: You may.
12 BY MS. HOLST:
13 Q I show you Plaintiff's 2. Do you recognize
14 what I have handed you there?
15 A Yes.
16 Q What is that?
17 A The pictures I would take every time I saw
18 bruises on Tristan.
19 Q Briefly, tell the Court what is shown in
20 those pictures?
21 A What is shown?
22 Q Yes.
23 A He is showing me his arm where he was grabbed
24 ahold of .
25 Q Who is he?
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A Tristan is showing me his arm where he was
grabbed ahold of. Tim tried to tell Christopher and the
nana that, oh, they have eczema, and that's what it is.
Eczema wouldn't cause black and blue marks on children. I
had that told to me by a doctor at Holy Spirit.
Q What else is shown on the photographs?
A There is Tristan's elbow, a bruising on his
arm. What are you asking?
Q What else is shown in the pictures?
A What is it showing?
Q Yes.
A Tristan holding his arm up showing me a
bruise that was on his arm from when he got grabbed ahold
of. He broke Shelbi's glasses and got grabbed ahold of he
said. This is what he was telling me.
This one he's showing me his arm again to
show me the bruises, Tristan.
Tristan is showing me his -- it's not his
butt cheek. It's above his butt cheek. It's two lines. It
looks like a burn mark. He said he got spanked with a
cooking utensil, a spatula, whatever you call it, and that's
how that happened.
This on his right eye -- on Tristan's left
eye is a mark that I was told -- I asked him how it
happened, and he said this is when he was thrown into the
16
•
1 bed -- or, wait, I'm sorry. This is the one where he was
2 thrown on the floor.
3 This is the picture of his right eye where
4 it's black and blue. I asked him what happened, and he said
5 that he got in trouble, and Shelbi grabbed ahold of him.
6 When she grabbed ahold of him, she swung him into the boys'
7 bed. I said, who's the boys? He said, Timothy and James'
8 bed.
9 This is also a picture of his right eye with
10 a black and blue mark. This is the pictures of the black
11 and blue marks where he was also grabbed ahold of by, he
12 said, Shelbi. That's what he told me.
13 This is a picture of Tristan where he was
14 grabbed ahold of on his left arm. This is Tristan's right
15 arm that he had a bruising from. The one on his left arm,
16 he said that when it happened, it burned. All he said -- he
17 said, it burned, mommy, it burned. I said, what do you mean
18 by that? It burned when it happened. That's the only thing
19 that he told me.
20 This picture is a picture of the scab on his
21 arm that I was also told that it was eczema. You can tell
22 it is not. I had that checked out. It's not eczema. It
23 looks like he could have fell on the ground. The other part
24 looks like it was burned on his right arm, elbow.
25 Q How old is Tristan?
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A He's four. He'll be five this month.
Q Would it be possible that perhaps some of his
injuries are just because he is four and clumsy?
A It could be possible. But considering that
Tristan will tell me something, and I'll verify -- I'll ask
Timothy what happened then, and they have the same exact
stories. It's not like they're switching up or anything
like that. Tristan is only four. I really don't think he
would lie about that. He can't just make stuff up like that
out of the blue. Monsters, yes, but he could never make
anything like that up.
Q What have you done other than take pictures?
A I notified Children and Youth. I also
notified the hot line.
Q Where do things stand there?
A I'm actually still waiting to hear back from
Children and Youth. She is not finished with the case. She
is not finishing investigating, the trooper told me. It's a
waiting game right now. She did say about the home, that
she has concerns about the home where they live.
Q What are you proposing exactly to change with
the custody schedule?
A That I have the boys for school so I can
get -- Tristan has -- I got information, and it's ready for
him if I would ever happen to get custody, at Fishing Creek
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West Shore School District for when -- because he's not
ready for kindergarten yet. He will be going to the
Intermediate Unit in Enola. He has an evaluation there on
May 26th at 9:00 a.m.
Fishing Creek also has a program there for
him, and they want to do another screening on him. He will
start kindergarten. By the middle of the year, if they
don't think he's ready for kindergarten, he will finish out;
but the following year he will have -- it will be a
pre-first grade class, they call it. It's kind of like
pre-kindergarten, I'm guessing, but it's called a pre-first
class.
Timothy, he wants to do sports and stuff. He
wants to play soccer. In July are the signups for the
Fishing Creek School District for soccer. We went out
there. I talked to them, found out when the times were,
what we needed to do. I feel like it's right that he should
be in some kind of activity.
His father, he works all the time. It's a
big complaint now, because Tim has to pick and drop them off
during work hours. How would Timothy -- how would he make
it to the games and be there for the meetings, the
practices, the -- they like to have team moms and team
fathers. He wouldn't be able to participate in it because
of working. I would be right now.
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1 Q When you say Tristan is not ready for
2 kindergarten, what leads you to believe that?
3 A Because he -- he knows his ABC's, he knows
4 how to count, but he don't know how to recognize anything.
5 He only knows how to count to ten. I'm teaching him more.
6 Since he's been in my care, he now recognizes letters. When
7 he first came with me, he couldn't even hold a pencil. He
8 couldn't color. When he would write on a piece of paper, it
9 would be very faint. You could barely see it.
10 I have brought with me today evidence that I
11 have of how well he's been improving with the coloring. He
12 knows how to trace now. He can connect dots now. When he
13 came with me, he knew none of this, nothing. I just believe
14 that he needs help in them areas. He's not -- he don't even
15 know how to spell his name.
16 For kindergarten -- when I spoke to the lady
17 at the West Shore School District, like they like them to be
18 ready for things. That's why there's pre-school and
19 different types of things out there for them. But they're
20 willing to help. There's different programs that will help
21 him work with that, for him to get up to the level, because
22 he's very smart.
23 I was told that he has issues, but he is a
24 very smart boy. If you tell him something, he knows it.
25 Like when we drive to my grandmother's, he'll know how to
20
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1 .get there. He'll tell you. He's a smart kid. As long as
2 he's being --
3 THE COURT: Might we become more focused in
4 the questioning?
5 BY MS. HOLST:
6 Q You described what you have in place
7 academically or that you would propose to have in place.
8 What would you have in place lined up for medical care for
9 the kids?
10 A They would be going to Dr. Sioma. He's in
11 Lewisberry. It's where I go, my father, and my son goes.
12 Q What about child care?
13 A I would be actually with them until the
14 school year. My caseworker at York County Assistance Office
15 told me that what I should do right now -- he knows the
16 situation -- is to stay off so I can do the one-on-one with
17 him and help him out to get ready for school. Once he goes
18 to school, he'll be going to an all-day program, and so will
19 Timothy. I'll work at the Fieldhouse from morning -- well,
20 it's not so much morning. It's 11:00 a.m. until 2:00. Then
21 when they get off the bus, I will be there for them.
22 Q What would you propose as far as time with
23 dad?
24 A He can see them any time he wants as long as
25 he would give me enough notice on days that -- like, say, if
21
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1 I had them days that weren't scheduled for him, all he would
2 have to do is call me up and say, can I get them on this
3 day, and I would be fine with it. Then on the days that,
4 you know, he'd be allowed, like the normal visits.
5 Q You had your own sort of personal history of
6 problems, correct?
7 A Yes.
8 Q What are those issues?
9 A I had -- with myself?
10 Q Yes.
11 A I had an addiction problem.
12 Q To?
13 A Prescription pain medication.
14 Q How long was that going on?
15 A Oh, I was on it for almost four years.
16 Q Ultimately, you were incarcerated because of
17 .that?
18 A Correct.
19 Q When?
20 A August 19th, I went into jail, of 2004.
21 Q When were you released?
22 A In 2005. Oh, goodness. I could have got out
23 on March 9th, but I asked for rehab, so I got out in -- I
24 want to s ay in April. I don't remember the exact date I got
25 out, but I thi nk it was April of '05, April or May.
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Q What were the terms of your release?
A What do you mean?
Q What did you have to comply with in order to
be released?
A They were actually just going to end up
releasing me, but I asked if I could go to a rehab, because
I was not ready to come home yet. In jail they give you
like rehab stuff, but it's not intense. I wanted rehab just
so I knew what I was going to have to face when I came out.
Q Are you still on probation?
A Yes, ma'am.
Q When does that end?
A The end of this month, actually. May 29th is
my last day.
Q Who is your probation officer?
A William Gilfus.
Q Other than going to rehab programs, what
other steps have you taken to help with your sobriety?
A I've been to NA. I used to go to NA groups
all of the time. I don't really go as much anymore, because
now I -- I go to counseling still at Pyramid. Just in case
I would ever happen to relapse or anything, they are there
to help me for that. But I have been in -- I go to
counseling and stuff like that.
Q How long have you been clean?
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2 hasn't been quite five years. It's been four years and six
3 months.
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THE COURT: There was an Order entered in
this case in April of 2006.
THE WITNESS: Correct.
THE COURT: I thought you said earlier on
that you did not have contact with your children between
April of '06 and February of this year, is that right?
THE WITNESS: Yes. April of '06 until
February, I did not see my kids. I seen them before that,
when I got out of incarceration, but I didn't see them in
between that time. But I had spoken to Timothy, to Tim.
THE COURT: Did you ask him where they lived?
THE WITNESS: Oh, yeah. He wouldn't tell me
where he lived, and he wouldn't give me a number, but he
told me that he would meet at -- I used to work at the
Newberry Diner -- that he would meet me down there, but we
couldn't say anything to Nicole, which was his wife, because
there would be a big conflict. He kept telling me, oh,
yeah, Tristan is doing very well, he was in some program,
and that he would meet me there, you know, for me to be able
to see and visit with the kids, but none of it ever
happened.
I went to -- I could still go to Dickinson
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School of Law at the time, and I asked them what we could
do. They needed a set home address for him so they could
send anything to him. Well, then, I ended up going down to
his work, and my father did, too. My father had got in
trouble back then, and he just recently got in trouble for
it, also, for trying to see them.
THE COURT: Okay. You answered my question.
BY MS. HOLST:
Q Since your release, have you had any
probation violations?
A Yes, I did.
Q What was that?
A It was an address, not reporting -- my PO's
switched, and I wasn't familiar -- like I didn't know what
was going on. I had Kerry, and I got switched to Tiff. So,
I got put in for that, but it wasn't very long. I got right
back out.
Q You recognize that the concept of adding two
children into your life is going to be stressful?
A Oh, yes. It would be stressful for anybody.
Q How do you propose to handle that without a
relapse?
A I wouldn't relapse. I have counseling. If I
would ever have an issue where, oh, I felt like I was
overwhelmed, I could call people. Like there's people that
25
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1 I'm able to call. I wouldn't get to that. I'm at the level
2 now that I don't even think about using. It wouldn't be an
3 issue.
4 Q What about help for the boys to help them
5 adjust?
6 A They actually -- I took them to counseling.
7 They counseled with Karen, but they only seen her one time.
8 She told me that I need to get them into a separate -- they
9 need to be seen, Tristan especially, on a one-on-one. So,
10 they're going to go through West Shore School District for
11 that.
12 Q You currently live with your father?
13 A Correct.
14 Q What kind of house do you live in?
15 A What do you mean, like how many bedrooms?
16 Q Yes.
17 A There's five bedrooms.
18 Q Where would the boys sleep?
19 A Timothy and Tristan would sleep together in
20 their bedroom. I don't have Nick full-time yet. They would
21 be in their own bedroom. There's trees and stuff in their
22 room. They have their own room. Nicholas has the other
23 room on the other side, which Jacob will be moving into, but
24 he's still sleeping with me, because I think he's too young
25 yet. My father has his own room.
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1 Q How long do you intend to stay there?
2 A I don't know. Probably forever, because it's
3 with my dad. Like I help him out, and he helps me out.
4 It's just us. I don't ever really plan on moving. If
5 anything would ever happen, he would be giving me the place
6 anyway. My dad and I are best friends.
7 Q Your dad hasn't set a deadline on your
8 ability to stay there?
9 A No.
10 Q Currently, you're working?
11 A I am, but right now I'm not. Like I still
12 have the same employer, but I'm off right now because of
13 what's going on.
14 Q So, then, in the interim, how are you
15 providing for your kids?
16 A I have assistance through Mr. Moyer. He
17 advised me to stay on it until they go to school. Then,
18 also, I have my father and my family. Not just my dad. My
19 family. They all help out.
20 THE COURT: Have you ever paid child support
21 for these children to their father?
22 THE WITNESS: No. He actually never -- back
23 in I forget what year it was, I got something from his wife
24 for child support, but that was dropped. He's never came at
25 me for child support. Except now that I came and I'm trying
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1 to get custody of them, he now, all of a sudden, took me for
2 support. But before now, I've never received any paperwork
3 or nothing from him, no, just from Nicole Wood. They were
4 living, I guess, in Snyder County at the time. As far as I
5 know, I was told that he was incarcerated. It was her
6 taking me. That's what they told me at Domestics. They
7 wouldn't give me any other information.
8 BY MS. HOLST:
9 Q As far as contact and communication with the
10 boys' father, how does that work?
11 A With Timothy, with Tim, Sr.?
12 Q Yes.
13 A It's horrible. There's no communication at
14 all. He will not give me a number for him. I've given him
15 my number. He won't -- when we are around each other, he
16 don't talk to me. There was one where he did -- there was
17 two occasions. One occasion was just recently. I think it
18 was May 2nd. It was when I took Tristan to the doctor. May
19 2nd, I think it was. He was at Holy Spirit Emergency Room.
20 Tim would not -- he wouldn't even talk to me
21 then on the phone at the hospital. He talked to Nicholas'
22 dad and he talked to Tristan, but he wouldn't speak to me,
23 and he spoke to the nurses. But when he came to pick up the
24 kids, which he did not have to do, he was all up in my face,
25 F this, F that, called me the B word. I had the nurse to
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witness it that was out there, and my Aunt Sharon was out
there to witness it. It was just -- he like came at me. I
was scared. I like backed up. You could tell the kids were
scared, too. He said, let's go, to the kids.
Q If you don't have a number for him, how did
you let him know that the kids were in the hospital?
A Through his father, Don Wood.
Q That's the phone number that you have?
A That's the phone number I have. I did have
his girlfriend's, but I'm not allowed to use that one, so I
got rid of it. I'm only allowed to call Tim's father, Don,
which isn't good either. There's no communication, really,
there either.
Q Why not?
A Well, I called him a couple of occasions
where he's been drunk, and he'll tell me -- he was like
saying different things to me, and I had called my lawyer,
because it was -- he kept telling me, watch your back, watch
your back. I have texted him and given him messages, and
Tim, as far as I know, didn't receive the message. When he
does give him a message, it's like it's whatever -- it's not
the right message half the time. Half the time I can't get
ahold of him either when I need to tell him something. Like
the whole doctor thing, I had to call him more than one time
to get ahold of him from Holy Spirit.
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1 Q There have been a couple of times since the
2 schedule went in place in March that you've actually missed
3 a couple of visits, is that correct?
4 A Yes.
5 Q why?
6 A Well, the one, my car broke down in the
7 beginning, and I was stuck. I didn't have a car to use. My
8 dad worked crazy hours, so I couldn't use his car at the
9 time, because I would have to drag my kid out at 3:00 in the
10 morning, my son Jacob. I actually went to go get the kids,
11 and my car didn't work. There was an occasion when Jacob
12 was in the hospital, and I couldn't take them then. I had
13 texted Timothy's father, Don, that I couldn't make it
14 because I was at the hospital at that present time. I
15 couldn't leave the hospital to come pick up the children.
16 Q If you have problems with reliable
17 transportation, how can you assure the Court that you would
18 get the kids to their father?
19 A I finally got a vehicle.
20 Q How did you get that?
21 A My brother.
22 Q What is the limitation on your use of that
23 vehicle?
24 A All the time. I use it all the time. They
25 use the van. He just bought his soon-to-be wife a brand-new
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1 car, so I use the brown one. I still use my dad's, though,
2 occasionally, too. He doesn't care. He lets me use it.
3 THE COURT: Whose soon-to-be wife?
4 THE WITNESS: My brother, Brad, his
5 soon-to-be wife. He just bought her a car, so now they have
6 three cars. I use the one.
7 BY MS. HOLST:
8 Q So, is it your request today, Heather, that
9 the Court grant you primary physical custody of Timothy and
10 Tristan?
11 A Yes, because I haven't had -- I don't get
12 enough time with them. Two days and every other weekend is
13 not enough time with my kids. It's not. I missed out how
14 long?
15 MS. HOLST: Nothing further.
16 THE COURT: Cross-examine.
17 CROSS-EXAMINATION
18 BY MS. ERB:
19 Q Ms. Speck, you testified that you have missed
20 several of the visits with the boys since March?
21 A Correct.
22 Q Do you know how many of those visits that
23 you've missed?
24 A Four of them, if I'm not mistaken. I think
25 it was four of them.
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THE COURT: Were those on a Tuesday and a
Thursday?
THE WITNESS: Yes. There was also an issue
on a weekend. That's when I talked to his girlfriend,
Shelbi, and she had said that I could get them on Saturday.
Then I couldn't get ahold of anybody, of course, to see my
kids that weekend.
BY MS. ERB:
Q There was one weekend you're saying that you
didn't have them?
A Yes.
Q What was the reason for missing that visit?
A Jacob was actually in the hospital then.
Q You claim that you were having problems
contacting Tim's father, correct?
A Correct.
Q Did you contact your attorney to contact me?
A I contacted my attorney, yeah, but it was in
the evening time. You guys weren't in your office. There
was one time where she was in the office. I leave her
messages very frequently.
Q You testified that you did receive paperwork
for a child support claim when Mr. Wood was living in Snyder
County?
A He was incarcerated. It wasn't him. It was
32
1 from Nicole Wood.
2 Q But you did have an address, then, at that
3 time for him?
4 A No. They weren't allowed to let the address
5 out. On the paperwork, it just had Centre County's address.
6 Q Did you take that information to MidPenn or
7 Dickinson?
8 A There was nothing that anybody could do,
9 because there was no set address. Domestic Relations would
10 not let that information out to us. I still have, actually,
11 the paper fro m when Nicole did that.
12 Q You said you did have contact with Tim at
13 some point, a nd you were arranging some sort of visit at a
14 diner?
15 A Yes, ma'am. I was working, actually. It was
16 where I used to work, the Newberry Diner.
17 Q Did you know where he was living then?
18 A No.
19 Q Did you ask him?
20 A Yeah, and he wouldn't let me know. I wasn't
21 even allowed to have his cell phone number.
22 Q Did he meet you there for a visit?
23 A He came to the diner, yes.
24 Q While you were working or after work?
25 A I was working, and I would stop working to
33
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1 talk to him. We'd sit in the booth and talk. Actually, if
2 you guys need, I could get my boss to verify that. He was
3 there.
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Q When did you take the children to this
counselor?
A It was on -- I met with her -- you can ask
her. I think it was on a Thursday in the evening time.
Q Did you advise Mr. Wood that you were taking
the boys?
A He knew all about the counseling and stuff.
He knew what was going on.
Q Did you advise him specifically of that
appointment with the boys at this counselor?
A No, because he -- we already settled
something in conciliation about that in front of a
conciliator.
Q You had switched counselors, correct?
A To Karen, yeah, but they knew that I was
switching counselors there. We knew that I wasn't sticking
with Fred. Fred was leaving.
Q Do you have any further appointments
scheduled for the boys with this counselor?
A I'm going to be going through West Shore
School District. They're going to be helping me with
counselors after he goes through the program. It starts
34
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1 after they evaluate. The Intermediate Unit is going to
2 evaluate Tristan. Then after they evaluate Tristan, yes.
3 Timothy will be going through the West Shore.
4 Q So, you've already scheduled an appointment
5 for an evaluation, is that correct?
6 A Yeah, that's been scheduled.
7 Q Did you discuss that with Tim at all?
8 A No, because he don't ever discuss things with
9 me. He don't talk to me. When I do try to talk to him, he
10 just blows me off. My father was even there when I've tried
11 to speak to Tim.
12 Q You testified that you get your oldest son,
13 Nicholas, every other weekend?
14 A Now, yeah. That's all I'm allowed to have
15 him now.
16 Q Isn't that because your mother actually has
17 grandparent visitation?
18 A She actually -- the Court documents stated,
19 back when I went to jail, that she got that. But when I got
20 out, I had Nick all the time. We didn't follow that Order.
21 My mom still got him. We both still got him. But after all
22 of this started happening, they stopped letting me see him
23 as often. It's been every other weekend now.
24 Q You also testified that some of these marks
25 on Tristan were not what you were told they were, that you
35
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1 had taken him or you had consulted with a doctor?
2 A What do you mean? I'm talking about --
3 Q You testified that you --
4 A Oh, the eczema?
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Q Yes.
A Eczema don't look like that.
Q Did you take Tristan to a doctor?
A Yes, Holy Spirit.
Q When did you take him to the hospital?
A I recently took him to the hospital because
he -- well, he broke out in hives real bad, and he has this
-- it looks like a burn mark on his arm, and he had a black
and blue mark on his arm.
Q But you hadn't taken him to the doctor prior
to that?
A To the emergency room, no.
Q To any doctor?
A No. I wasn't able to until I got the papers
stating about shared custody. I tried. I didn't have
custody of him, so Dr. Sioma wouldn't see him. Like I had
to show proof that I had Tristan.
Q But you had those papers for a month --
A That was after -- I got the papers after most
of these pictures were taken. The black and blue marks,
they were taken before that. I can't -- there's no way I
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could have took them then. I'm talking about the black --
when I took him just recently to the doctor's, he had a
black and blue mark on his arm -- and there's a picture of
it on here -- and he had the thing that looked like a burn
mark. I showed her with the eczema. It's not -- he's
trying to tell Chris that all the marks that come on him are
eczema marks, and they're not. They're black and blue
marks. Black and blue marks don't come from eczema.
Q You keep referring to Chris telling you
things. Do you mean Nicholas' father?
A Yes. Well, Chris tells the nana, and the
nana tells me. That's how it's done. Sorry. Let me
clarify that.
Q And the nana being Chris' mother?
A Chris' mother, yes.
THE COURT: Hey, hey. Only one person can
talk at a time. Let her ask the question. Let her finish
the answer.
MS. ERB: Yes, Your Honor.
BY MS. ERB:
Q How long have you been living with your
father?
A Since -- I think it was October when I left
Jacob's dad.
Q Where were you living with Jacob's father at
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A In New Cumberland. Before that, I lived with
my father.
Q How long had you lived with your father prior
to --
A I want to say two years. You mean before --
you mean before I moved with Jacob's father or after?
Q Before .
A I lived with him for two years, almost three
years. I also lived with somebody else before that. That
was my son that had passed, his father.
Q Now, you said that you were picked up on a
probation violation, correct?
A Yes.
Q For not --
A It wasn't reporting, because I didn't give
them the correct address where I was living. It was a
miscommunication. My probation officer and I had talked
after -- well, when we came into the courtroom. We talked
before we came into court, into the courtroom in front of
the judge.
Q Have there been any other instances where
they were threatening to violate you on your probation?
A Threatened to -- no, they never threatened to
violate me.
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Q What other terms are part of your probation?
A I'm not allowed to do any kind of
prescription pain medication, anything like -- any drugs.
Q Were there any fines or restitution?
A Yes, and I'm still paying them.
Q What was your last payment?
A I just paid it this past month, and now I
have another payment that's actually on the way there.
Q But there have been many times where you
haven't made those payments?
A Back, yeah, when I was going through my
pregnancy and all of that, I didn't make the payments. But
then I talked to my -- I went to incarceration for the
address thing , and I worked stuff out with Roxanne, her name
is. Like I w ould pay, and then I wouldn't pay.
MS. ERB: If I could just have a minute, Your
Honor.
BY MS. ERB:
Q You also testified that you intend to stay at
your father's indefinitely at this point?
A I don't plan on leaving my father's, no.
Q So, there's no chance of you and Jacob's
father reconciling and you moving out with him?
A No.
Q What about if you meet someone else and --
39
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1 A Honestly, to tell you the truth, my main
2 .focus are my kids. I'm not worried about -- my mom and I
3 and my dad have had this conversation plenty of times. I
4 don't want no man in my life. I want my kids. I need to
5 focus on them. I don't care. Nobody is going to -- I don't
6 go out to meet people. Nobody is going to just show up at
7 my house. Do you know what I mean? I don't go out to
8 places to meet anybody. I pretty much stay at home with
9 Jacob and then my kids when they're there.
10 Q If you're not there, who provides child care
11 for you?
12 A What do you mean, if I'm not home?
13 Q Yes.
14 A My father.
15 Q If you go back to work, you said that you
16 were only going to be working a few hours a day?
17 A When I go back to work, yes, during the -- if
18 I would get the kids during the school year when I go back
19 to work, I would be working only until they got off school.
20 I'm a waitress, so there's different shifts. You'd normally
21 work doubles or you'd work mornings or somebody would work
22 nights. My ending time would be around 2:00 or maybe 3:00.
23 It depends how long it takes you to get your side work and
24 stuff done. I'll just be switching from nights to days.
25 Q If you can't get home for the boys, who is
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going to be there to take care of them?
A There would not be an issue. I would get
home for the boys. If something would ever happen in school
that they would be sick, I would be able to leave work and
go pick them up. My boss is not strict on that or anything,
because kids are involved. If they're sick, you have to do
what you have to do, and he understands that. It's pretty
much --- it's a laid-back job. Do you know what I mean?
Most waitressing jobs are. It depends where you're at.
It's laid back.
MS. ERB: I have nothing else right now, Your
Honor.
THE COURT: Redirect?
MR. HOLST: No, Your Honor.
THE COURT: Thank you, ma'am.
(The testimony of Heather E. Speck was
concluded.)
41
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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.
~~ (~
f
'Susan Rice Stoner
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~ ~..
y.~,,~.
1( /O
Date Edward E. Guido, J.
42