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HomeMy WebLinkAbout02-3577CHRISTIE HARNER, Plaintiff V. DIANE F. WITMAN and CHARLES W. DELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 02-3577 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 2002, it appearing to the Court that the child is safe, a hearing on the petition for special relief filed by Plaintiff is scheduled for Thursday, August 15, 2002, at 8:30 a.m. Counsel are advised that we have allowed three and a half hours for said hearing. Pending said hearing, the child shall remain in the temporary custody of the Defendant Diane F. Witman. The parties have indicated that they should be able to work out a visitation schedule between Plaintiff and the child. Defendant Charles W. Dell is to have no contact with the child except in accordance with the conditions as may be ordered by Judge Hoffer pursuant to the protection from abuse action currently before him. Joan Carey, Esquire Attorney for Diane F. Witman Gregory L. Cutler:, Esquire Attorney for Christie Harner Charles W. Dell c/o Cumberland Valley Motel 4 East Main Street New Kingstown, PA 17072 srs dlNVAMNN3d LNnoo CI.11VIN I--SAV2O CHRISTIE HARMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3577 CIVIL ACTION LAW DIANE F. WITMAN AND CHARLES W. DELL IN CUSTODY DEFENDANT AND NOW, Thursday, August 01, 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 Tuesday, August 20, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: isr Tacaueline M Vettw 1 sq• Custody Conciliator 0 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 IVAI ra-A jO ea. /-.A ?o./B CHRISTIE HARNER, Plaintiff/Petitioner vs DIANE F. WITMAN and CHARLES W. DELL, Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. PA-3 X77 CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Christie Hamer, paternal aunt of the child, Nicholas M. Dell (D.O.B. July 31, 2000) and resides at 11 Hilltop Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are Charles W. Dell and Diane Whitman. 3. Defendant Dell (Father) is currently a transient person obtaining shelter at motels in Carlisle, Cumberland County, Pennsylvania. 4. Defendant Witman (Mother) is believed to be currently located at a Domestic Violence Shelter in Carlisle, Cumberland County, Pennsylvania. 5. The child was born out of wedlock. 6. The child is presently in the custody of Defendant Witman. 7. During the last two (2) years, the child has resided with the following persons at the following addresses: Name(s) Address From When to When Diane F. Witman 1927 North 2nd Street 07-32-00 to 09-01-00 Charles W. Dell Harrisburg, PA Diane F. Witman 09-29-00 Charles W. Dell Diane F. Witman Mt. Holly Springs Inn Mt. Holly Springs, PA Drug and Alcohol Program Ashton, PA Diane F. Witman Knights Inn Charles W. Dell New Cumberland, PA Diane F. Witman Shelter Charles W. Dell Carlisle, PA 17013 Diane F. Witman 50 Short Lane Carlisle, PA 17013 Diane F. Witman Roadway Inn Charles W. Dell Harrisburg Pike, Carlisle, PA 17013 Diane Witman 160 North West Street Charles Dell Carlisle, PA 17013 Christie Hamer 11 Hilltop Circle Scott Hamer Carlisle, PA 17013 Diane Witman Shelter Present Carlisle, PA 17013 7. Plaintiff currently lives with: Name Relationship Scott Hamer Husband Brandon Hamer Son Tiffany Hamer Daughter 8. Defendants each currently live alone, separately. 09-01-00 to 09-29-00 to 01-15-01 01-01-01 to 03-01 03-01 to 04-01 04-01 to 08-01 08-01 to 09-01 09-01 to 10-01 10-01-01 to 07-16-02 07-16-02 to 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Temporary custody was awarded to Defendant Witman on or about July 24, 2002 by the Honorable George E. Hoffer pending a hearing on a P.F.A. matter. 11. Plainti6does 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. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 13. Plaintiff has undertaken and performed the primary parental responsibilities for the child. 14. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. 15. A Court Order of custody and structured visitation is desired so that Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. 16. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. 17. A court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 18. Defendants are erratic, and abusive behavior poses a threat of harm to the child. 19. Defendant Diane Witman frequently abuses alcohol and drugs and is therefore unreliable as custodian of the child. 20. Plaintiff continues to maintain the same family household for the child that has been maintained since October 1, 2001. The Defendants have moved several times over the course of the child's lifetime as enumerated above. 21. The continuing welfare of the child will be assured if temporary custody is awarded to the Plaintiff pending the hearing on this petition subject to such partial custody for purposes of visitation as may be mutually agreed between the parties. WHEREFORE, Plaintiff, by and through her attorney, respectfully requests that this Court schedule a hearing on the matter. Respectfully submitted, THE LAW OFFICES OF PAUL BRADFORD ORR .7 BY, /-S-) Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.73471 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. -) /'-? -//0 ; J DATE: Christie Hamer, Plaintiff C> o ?? c: ?., - c??n rn;, r rtn t cry c? w a, ?? ?-.' ?? ? `? r `. ?_ ) ??? .? .. Tr ll J K _ ?.? ?? ?-'rri J °z ? ? w ..? CHRISTIE HARNER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL ACTION - LAW :CUSTODY o DIANE F. WITMAN and CHARLES r) W. DELL, NO. O.Z. 3 77 CIVIL TERM c_ - r- i Defendants v U"Gl PETITION FOR SPECIAL RELIEF -rn 1. The Plaintiff is Christie Harner, paternal aunt of the child, Nicholas M. Dell (D.B <a July 31, 2002) and resides at 11 Hilltop Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are Charles W. Dell and Diane Whitman. 3. Defendant Dell (Father) is currently a transient person obtaining shelter at motels in Carlisle, Cumberland County, Pennsylvania. 4. Defendant Witman (Mother) is believed to be currently located at a Domestic Violence Shelter in Carlisle, Cumberland County, Pennsylvania. 5. Simultaneous with the filing of this Petition for Special Relief, the Plaintiff has filed a Complaint for Custody. 6. Defendant Dell is facing charges in reference to an incident of alleged domestic violence against Defendant Witman. 7. The Plaintiff had custody of the child from October 1, 2001 until July 16, 2002. This arrangement was in conformity with the agreement between Defendant Witman and the Plaintiff attached hereto as Plaintiff's Exhibit "A". 8. During Plaintiff's custody of the child, she was completely responsible for his care and well being. In fact, the child recognizes the Plaintiff as his mother. 9. Defendant Witman is unemployed and has a serious problem with drugs which has resulted in numerous treatments at inpatient drug rehabilitation centers. In addition, Defendant Witman is bi-polar and is currently taking medication. 10. Defendant Witman has given custody of her four (4) previous children to other people due to drug addiction and personal problems, and is only asserting her status as mother of the child to obtain shelter and be vindictive towards Defendant Dell. 11. Defendant Dell agrees that the Plaintiff should have primary physical custody of the child. 12. The best interests of the child will be served by granting custody to the Plaintiff who is regularly employed and can provide a stable, safe, and loving environment for the child. WHEREFORE, Petitioner respectfully requests that this Court enter the attached Order of Court directing a hearing be held in the matter. Respectfully submitted, THE LAW OFFICES OF PAUL BRADFORD ORR By: Greg L. utler, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No.73471 VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATE: Ufl/LtI& Christie Harper, Plaintiff To whom it may concern, We Diane f. Whitman and Charles w. Dell are giving temporary custody and power of attorney of Nicholas m. Dell to Christie r. Harner . The Harners have permission to provide med'eaJI care. Custody starts as of Q?" ler fi X00..1 untif-further _- notice If you. agree to the above sign Sworn and subsir bG' to before me thl' day . of ,? NOTARIAL SEAL PAWN M. SHl1fiHART, Notary Public Carlisle. Cumberland County My Commission Exoires Nov 28, 2002 PLAINTIFF'S EXHIBIT below CHRISTIE HARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs DIANE F. WITMAN and CHARLES W. DELL, Defendants CIVIL ACTION - LAW CUSTODY NO. 0z- 3 531 CIVIL TERM ORDER OF COURT AND NOW, this eday of 2002, upon consideration of the attached Petition for Special Relief, it is hereby ordered and directed that the parties and their respective counsel appear before this Honorable Court for a hearing on the 301" day of 2002, at 7•Odbo'clock P.M. in the Cumberland County Courthouse, Courtroom number , Carlisle, Cumberland County, Pennsylvania. , en ing a Hearing on this ma er. J. Mid-Penn Legal Services, Inc. Attorney for Plaintiff Diane F. Witman Charles W. Dell c/o Cumberland Valley Motel 4 East Main Street New Kingstown, PA 17072 Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Petitioner ry,.?ul 7. 2 S, ooL u ",.?. r ! ?? 9 V C ? C"D N L C-) `rI -i - 'Li i t'. C :?J CHRISTIE HARMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL ACTION - LAW : CUSTODY DIANE F. WITMAN and CHARLES W. DELL, : NO. 02-3577 CIVIL TERM Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 12' day of August, 2002, I, Gregory L. Cutler, Esquire, attorney for Christie Hamer, Plaintiff, in the above-captioned action, hereby swear that 1 have served a true copy of the Custody Complaint and Petition for Special Relief, executed by the Plaintiff in the above-captioned matter, upon the Defendant, Charles W. Dell, by hand delivery. LAW OFFICES OF PAUL BRADFORD ORR Dated: By: 4e4goL. er, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 73471 CHRISTIE HARMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL ACTION - LAW :CUSTODY DIANE F. WITMAN and CHARLES W. DELL, C') : NO. 02-3577 CIVIL TERM G• Defendants m s AFFIDAVIT OF SERVICE c- COMMONWEALTH OF PENNSYLVANIA c-L ) <r ?' COUNTY OF CUMBERLAND ) AND NOW, this 12' day of August, 2002, I, Gregory L. Cutler, Esquire, attorney for Christie Hamer, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Custody Complaint and Petition for Special Relief, executed by the Plaintiff in the above-captioned matter, upon the Defendant by hand delivery to Joan Carey, esquire of Mid-Penn Legal Services, hic., Attorney for Diane F. Witman. LAW OFFICES OF PAUL BRADFORD ORR Dated: r /I ? I if / C7? By Grego L. S1 er, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 73471 AUG 21 200 c CHRISTIE HARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIANE F. WITMAN and : NO. 2002-3577 CIVIL TERM CHARLES W. DELL, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this day of jild" It , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is schedLi,lgd in Court Roo No. , of the Cumberland County Court House, on the Vv -day of , 2002, at o'clock, A. M., at which time testimony will betaken. For purposes of this Hearing, the paternal Aunt shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The Prior Orders of Court dated July 24, and July 30, 2002 shall remain in full force and effect in as far as Father having no contact with the child. The provision of the July 30, 2002 Order regarding visitation of paternal aunt is vacated. 3. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 4. Mother shall have primary physical custody of the child. 5. Aunt shall have the following periods of partial physical custody of the child: A. Beginning Sunday, August 24, 2002 from 9:00 a.m. to Tuesday at 6:00 p.m. and continuing thereafter on a like schedule on alternating weeks. B. In the event Mother is in need of a baby sitter for more than two (2) hours, Mother shall contact Aunt within a reasonable amount of time prior to the babysitting opportunity and offer said time to Aunt. n c ,;2°7"0oL- cv 6. Aunt shall provide all transportation. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. O BYTHE C Edward E. Guido, J• cc: Gregory L. Cutler, Esquire, counsel for Aunt Joan Carey, Esquire, counsel for Mother, Mid Penn Legal Services Charles W. Dell c/o Cumberland Valley Motel 4 East Main Street New Kingstown, PA 17072 VINVAusNN3d AINnc,o ut::l d L??11n?0 ?'o CHRISTIE HARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW DIANE F. WITMAN and : NO. 2002-3577 CIVIL TERM CHARLES W. DELL, ; IN CUSTODY Defendants PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas M. Dell July 31, 2000 Mother 2. A Conciliation Conference was held August 20, 2002 with the following individuals in attendance: The paternal aunt, Christie Hamer, with her counsel, Gregory L. Cutler, Esquire, and the Mother, Diane F. Witman, with her counsel, Joan Carey, Esquire of Mid Penn Legal Services. Father, although aware of the conference did not appear. 3. The Court previously entered two Orders. One by the Honorable George E. Hoffer, President Judge, on July 24, 2002 in connection with a Temporary PFA which ordered Father to have no contact with the child. The other Court Order, in response to Plaintiff's Petition for Special Relief, was dated July 30, 2002 and entered by the Honorable Edward E. Guido. Said Order provided for Mother to have temporary custody and anticipated that the parties could work out a visitation schedule. Father was to have no contact except in accordance with conditions ordered by Judge Hoffer pursuant to the PFA. 4. Paternal Aunt's position on custody is as follows: she seeks shared legal and physical custody, with three overnights per week. Aunt maintains that she had custody of the child for nine and one-half (9'/2) months, almost one-half of the child's life, while Mother was in drug rehabilitation and living from motel to motel thereafter. Mother had little contact with the child during the 9'/z months. Aunt is concerned that Mother is currently living in a domestic violence shelter, is looking for alternate housing, and a job. She believes that the only stability that the child has ever known has been with her. Aunt is concerned about Mother relapsing back into cocaine use. 5. Mother's position on custody is as follows: Mother suggested partial physical custody for Aunt from Sunday to Tuesday on alternating weeks. Mother maintains that she is in recovery from cocaine addiction and is putting her life back on track. She is looking for housing and a job. She believes the child needs more time with her to reestablish the parental bond and stability. 6. Father not being present did not offer a position on custody. 7. The Conciliator recommends O dy and Aunt alternating wueekly a Hearing and granting the Mother primary physical custody periods from Sunday to Tuesday and the opportunity for babysitting. It is expected that the Hearing will require one day. ey, Esquire Date cq line M. Vern Custody Conciliator CHRISTIE HARNER, Plaintiff vs DIANE F. WITMAN and CHARLES W. DELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY NO. 02-3577 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Diane Witman, Defendant, to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Carey, Attorney for Plaintiff/Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 G ' r" /1 , u I CHRISTIE HARMER, . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANE F. WITMAN and NO. 2002-3577 CIVIL TERM CHARLES W. DELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 21st day of October, 2002, after hearing, we are satisfied that Mother and Father are crack cocaine addicts. We believe that Mother has been drug free for 90 days, which is her longest period of sobriety outside of a rehab facility in many years. We do not believe the Father when he says that he is no longer using cocaine. While we believe Mother's desire to be sober is sincere, at least for now, her sobriety is fragile at best. For that reason, we are referring this matter to Children and Youth Services to put appropriate services into place for this family if they will do so on a voluntary basis. If not, the agency should refer this matter to the Court to determine if a declaration of dependency is appropriate. We are prepared to enter the following Order which we believe to be in the best interests of the Child: 1. The paternal aunt, Christie Harner, and the Mother, Diane F. Witman, shall have joint legal custody of the Child. 2. Mother, Diane F. Witman, physical custody of the Child so long as Stewart House. If Mother should cease t House without prior Order of this Court, primary physical custody shall revert to Harner. shall have primary she resides in the D reside in the Stewart sole legal custody and the aunt, Christie • 3. The paternal aunt, Christie Harner, shall be entitled to periods of partial physical custody every Sunday from the time the Child wakes up until Tuesday at 6:00 p.m. 4. The Mother shall discuss her schedule for the upcoming week with the paternal aunt, Christie Harner, each and every Sunday. Mother shall offer to allow the paternal aunt to baby-sit for the Child for any events, which shall include counseling, work, or anything else that the Mother has scheduled for the upcoming week. 5. The Father may visit with the Child in the presence of the Plaintiff, Christie Harner. Said visitation must be supervised until further Order of Court. Father is not to be alone with the Child until we are satisfied that he has undergone appropriate drug and alcohol evaluations and counseling. Gregory L. Cutler, Esquire Attorney for Plaintiff Joan Carey, Esquire Mid-Penn Legal Services, Inc. Attorney for Defendant Diane F. Witman Austin F. Grogan, Esquire Attorney for Defendant Charles W. Dell CCC&YS io'2Z •o Z, LK-T?S?S srs SNN3cj 7? h :, tNv? ce iju ec 4 `? I ? y '4. CHRISTIE HARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANE F. WITMAN and NO. 2002-3577 CIVIL TERM CHARLES W. DELL, . Defendant IN CUSTODY TRANSCRIPT OF PROCEEDINGS IN RE: TESTIMONY OF CHARLES W. DELL and DIANE F. WITMAN Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Monday, October 21, 2002, in Courtroom No. 5 APPEARANCES: GREGORY L. CUTLER, Esquire For Plaintiff JOAN CAREY, Esquire For Defendant F. Witman AUSTIN F. GROGAN, Esquire For Defendant Charles W. Dell 1 INDEX TO WITNESESS FOR DEFENDANT DELL Charles W. Dell DIRECT CROSS REDIRECT RECROSS By Mr. Grogan 3 -- By Mr. Cutler -- 28 By Ms. Carey -- 29 __ FOR DEFENDANT WITMAN Diane F. Witman By Ms. Carey 31 -- 85, 97 -- By Mr. Cutler -- 67 -- 91 By Mr. Grogan -- 73 -- 93 2 1 CHARLES W. DELL 2 having been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. GROGAN: 5 Q For the record, state your name and where 6 you live now. 7 A Charles Dell. I live at Cumberland Valley 8 Motel in New Kingstown. 9 Q How long have you been living there, Mr. Dell? 10 A Since I got bailed out of jail when we got 11 in a fight and she took Nicholas. 12 Q August time frame? 13 A Yes. 14 Q Now, what do you do for a living? 15 A I'm a painter. 16 Q Do you work full time? 17 A Yes. 18 Q How many hours a week do you work? 19 A Between 40 and 60. 20 Q Do you pay taxes? It's a legitimate job 21 where you pay taxes and all that? 22 A Yes. 23 Q Your relationship with Diane, when d id you 24 first get invol ved with Diane? 25 A About five years ago. 3 1 Q Can you describe the relationship you had 2 with Diane before Nicholas was born, not in real detail, but 3 an overview as to how your lifestyle was? 4 A Partying, drinking, smoking crack, moving 5 from place to place, fighting, getting thrown out. 6 Q When you say partying, drinking, smoking 7 crack, did Dia ne participate in that act=ivity, smoking crack? 8 A Yes. 9 Q When you say crack, is that what they 10 commonly call crack cocaine? 11 A Yes. 12 Q That's cocaine that's in a crystallized form 13 that you smoke ? 14 A Yes. 15 THE COURT: You're leading. You're no 16 longer on cros s. 17 MR. GROGAN: I just want to get through the 18 background of crack and make sure it's on the record. 19 THE COURT: Let's move along. 20 BY MR. GROGAN: 21 Q When Nick was born, what was your lifestyle 22 at that point? Was it still the same type of lifestyle? 23 A Yes. 24 Q How did Nick's birth affect you? 25 A It made me want to change. 4 1 Q When you say you wanted to change, did you 2 want to change for the better? Did you want to change for 3 the worse? What do you mean change? 4 A For the better. Stop the partying all the 5 time, seven days a week, and be a family. 6 Q Were you and Diane still together? 7 A Yes. 8 Q What were you doing for a living at that 9 point? 10 A Painting. 11 Q Same type of job? 12 A Yes. 13 Q What was Diane doing? 14 A In between jobs, she'd waitress. If she 15 wasn't waitressing, she wasn't doing nothing. 16 Q Did she have any other children at that 17 point? 18 A Yes. 19 Q What children did she have? 20 A She has two daughters and a son to her 21 husband, and she recently had -- 22 Q Okay. I'll get into future stuff. But when 23 your son was born, she had three other children? 24 A Yes. 25 Q Did she have custody of those children? 5 1 A No. 2 Q Where were those children living at? 3 A With their father and with her sister, 4 Irene. 5 Q Did she have any type of partial custody 6 where she could get them for a period of time? 7 A Not really. They wouldn't let her see them 8 because they blamed all of her problems on me. 9 Q Say that again. 10 A Her family would blame all of her problems 11 on me, so they wouldn't allow her to have her kids. 12 Q In the complaint that was filed, it showed 13 Nicholas being born in July of 2000, is that correct? 14 A Yes. 15 Q It showed a list of various addresses in 16 2000 to 2001. Did you have a chance to review those 17 addresses? 18 A Yes. 19 Q The first address indicated that you were 20 living in New Cumberland, I guess York County? 21 A Yes. 22 Q What type of a residence was that? 23 A It was an efficiency motel room, one room 24 with a small kitchen. 25 Q What happened that you lost that residence? 6 1 Why did you move out of there? 2 A We were fighting. 3 Q When you say we, who is we? 4 A Me and Diane. 5 Q Were you forcibly ordered to leave or did 6 you voluntarily leave? 7 A She left, and then I voluntarily moved 8 somewhere else. 9 Q Were you and Diane using illegal drugs at 10 that time? 11 A Yes. 12 Q How would you obtain the illegal drugs? 13 A Go to Harrisburg. 14 Q Would you go to Harrisburg or would Diane go 15 to Harrisburg? 16 A Both. At different times she'd go, I'd go. 17 Q How did you buy the drugs? 18 A Street corner. 19 Q Did Diane buy the drugs on the street 20 corner? 21 A Yes. 22 Q Did she ever use anything other than money 23 to obtain drugs? 24 A Yeah. 25 Q How did she obtain drugs after Nicholas was 7 1 born in late 2000? How was she obtaining drugs? 2 MS. CAREY: Objection. There's no 3 foundation as to how he even knows this. 4 THE COURT: Overruled. 5 BY MR. GROGAN: 6 Q How did she obtain drugs after Nicholas was 7 born? 8 A Sleeping with her crack dealers. 9 Q Did she ever admit that'? 10 A Yes. 11 Q Did she admit it at a district justice's 12 office in Camp Hill? 13 A Yes. 14 Q When did she admit that she was sleeping 15 with her crack dealers in Camp Hill? 16 A When we were at a hearing at the district 17 justice's for the paraphernalia she got charged with, because 18 she was pregnant at the time. 19 Q Was she pregnant with your child? 20 A No, with her crack dealer's kid. 21 Q In late 2000, early 2001, I'm looking at the 22 civil complaint, and it shows addresses in Mt. Holly Springs. 23 Did you move from hotel to hotel during late 2001? 24 A Yes. 25 Q Was it more often than what the complaint 8 1 shows? 2 3 4 hotel? A Yes. Q What would prompt you to go from hotel to 5 A Either us fighting, breaking up, or I didn't 6 have a ride to work and had to move somewhere else so I could 7 get a ride to work, drugs. 8 Q Where was Diane during all of this? 9 A During what? 10 Q Late 2000, were you and Diane together? 11 A Yes. 12 Q She was moving with you as you would move 13 from hotel to hotel? 14 A Yes. 15 Q Where is Nick at this point? 16 A With us or with my sister. 17 Q Was Nick being taken to see a pediatrician 18 at all during this time period, a baby doctor? 19 A A couple of times she did. Not like she 20 should. 21 Q Did you make any attempt to take your son to 22 see a baby doctor? 23 A No. 24 Q Eventually, according to the complaint, in 25 2001, you and Diane, I guess, end up at the Rodeway Inn, is 9 1 that correct? 2 A Yes. 3 Q Is that a motel? 4 A Yes. 5 Q What type of people stay at that hotel? 6 A Drug dealers. 7 Q I'm sorry, what? 8 A Drug dealers, people that sell drugs. 9 Q Was Diane obtaining drugs at that point? 10 A Yes. 11 Q Was she using drugs at that point? 12 A Yes. 13 Q How was she obtaining the drugs? What was 14 she paying them with? 15 A Sex and cash. 16 Q In the summer of 2001, was Diane involved in 17 any other criminal activity to obtain money for drugs? 18 A Yeah. She was stealing cigarettes from the 19 grocery stores. 20 Q How was she stealing these cigarettes? 21 A Using Nicholas. 22 Q When you say using Nicholas, can you 23 describe to the Court how she used Nicholas to steal the 24 cigarettes from the grocery store? 25 A She would go in, fill up the grocery cart, 10 1 and she said that she would walk around the aisles, put them 2 up her shirt, and put Nicholas in front of her shirt and hold 3 him and walk out the door. 4 Q How do you know this? 5 A I was driving the car. I was sitting in the 6 car waiting for her. 7 Q Why were you participating in this? 8 A Well, if I didn't go, she'd go with him 9 herself. At least I could make sure nothing would happen to 10 my son or her. 11 Q Did she ever get caught shoplifting? 12 A Yes. East Pennsboro Police arrested her for 13 it. 14 Q Was she convicted of shoplifting? 15 A Yes. 16 Q When was she convicted of shoplifting? 17 A Just recently, a couple of months ago. 18 Q Was it the summer of 2002 or 2001? 19 A I think it was -- it happened in 2001, but 20 they arrested he r in 2002. It took a while. 21 Q In the summer of 2001, before Nicholas goes 22 to live with you r sister, you and Diane are at the motel? 23 A Yes. 24 Q Does she get custody of her daughters at 25 this point? 11 1 A Yeah. Well, they were living with us. 2 Q How did she obtain custody of the daughters? 3 A I was in jail. I wasn't really sure because 4 she lived at her friend Rhonda's, and then she came down to 5 live with me at the Rodeway Inn with her two daughters and 6 Nicholas. 7 Q Is that when you got out of jail? 8 A Yes. 9 Q At some point, did her mother take custody 10 of her daughters ? 11 A Yes. 12 Q Were you living with Diane when this 13 happened? 14 A Yes. 15 Q Describe the events that led up to her 16 mother taking custody of her two daughters? 17 A We were irresponsible. We were partying. 18 Her kids weren't enrolled in school. In almost two weeks 19 school started. My sister was bugging Diane to get her kids 20 in school. We were too busy partying to worry about the 21 children. 22 Q How old were those daughters? 23 A I think Roxanne was 13 at the time and Ali 24 was either 8 or 9. 25 Q This is the fall of 2001? 12 1 A Yes. 2 Q Now, eventually, collectively, you and Diane 3 agreed to give N icholas to your sister. Describe the 4 circumstances su rrounding that transfer of custody. 5 A Well, she didn't want to at first, but I 6 talked her into it because of the lifestyle we were leading. 7 He wasn't being taken care of. Smoking crack was more 8 important to Dia ne than her son. 9 Q In October of 2001, after Nicholas goes to 10 live with your s ister full time, you and Diane are still 11 living together? 12 A Yes. 13 Q Are you still involved in this criminal 14 activity? 15 A Yes. 16 Q Do you eventually get stopped in Camp Hill 17 Borough? 18 A Yes. The brakes weren't working in the car, 19 and I rear-ended somebody. 20 Q There was a car accident? 21 A Yes. 22 Q And your license is suspended? 23 A Yes. 24 Q Is it for a DUI conviction? 25 A Yes, in 2000. 13 1 Q Did you go to jail as a result of that? 2 A Yes, I did. 3 Q Now, at the time of the accident, was Diane 4 also arrested? 5 A Yes. 6 Q What happened to her? 7 A She was arrested for false statements, crack 8 paraphernalia. I think that was it. 9 Q Did she go to jail? 10 A Yes. 11 Q How long did she stay in jail? 12 A We stayed there for 10 days until we went to 13 District Justice Manlove. 14 Q Were you both in the same prison together? 15 A Yes. 16 Q After you got out of jail, where did you 17 live at? 18 A I went to a motel room. 19 Q Where did Diane go? 20 A With me. 21 Q The same -- 22 A After she got out of rehab after she had her 23 child. 24 Q After she got out of jail, did she go right 25 to rehab or did she go live with you at a motel? 14 1 A No. She lived with her mother for eight 2 days, nine days. 3 Q Was she pregnant at that time? 4 A Yes. 5 Q With somebody else's child? 6 A Yes. 7 Q And she goes to rehab? 8 A Yes. 9 Q What do you do? 10 A I went to jail for the DUS. I stayed in 11 for -- I was o n parole, so I stayed in for four and a half 12 months. They, gave me a month and a half probation then. 13 Q You were on probation for an earlier 14 offense? 15 A Right, 16 Q For the DUI? 17 A Yes. 18 Q Did you serve 90 days for that DUS, DUI 19 related? 20 A Yes, I did. 21 Q Did you serve additional time as a 22 revocation for your probation? 23 A Yes. 24 Q When you were released from prison, where 25 was Diane? 15 1 A Rehab. 2 Q Where did you live after you got out of 3 jail? 4 A In a motel room. 5 Q Are you seeing your son at all? 6 A Yes. 7 Q What are the conditions in terms of seeing 8 your son w hen you're out of jail and Diane's at rehab? 9 A I seen him as much as my sister wanted to 10 bring him to me. 11 Q When Diane was released from the rehab, did 12 she come l ive with you? 13 A Yes. 14 Q Immediately? 15 A Yes. 16 Q I think your sister testified that you 17 picked her up. Is that true? 18 A That was the first rehab. The second rehab 19 her mother dropp ed her off at the motel room. 20 Q At the motel where you were living at? 21 A Yes. 22 THE COURT: What about the baby? Did the 23 baby come, too? 24 THE WITNESS: No. She gave him up for 25 adoption because it wasn't my child. 16 1 BY MR. GROGAN: 2 Q So this child that was born -- I guess the 3 fifth child of Diane's was given up for adoption? 4 A Yes. She didn't know who the father was. 5 She said it wa s a crack dealer. She didn't know which one. 6 Q She didn't know which one? 7 A Yes. 8 Q Now, in the spring of 2002, after she was 9 released from rehab, you're out of jail, you're living in a 10 motel, is that the Rodeway Inn? 11 A No. I stayed at the Stardust Motel for 12 maybe six weeks, but the car show came so we -- I had to find 13 another place because they're all booked up for the car show. 14 That's when we moved to the Rodeway Inn. 15 Q Did you resume the same lifestyle that you 16 had before rehab, smoking and drinking? 17 A Yes. 18 Q What were you smoking? 19 A Crack. 20 Q What was Diane smoking? 21 A The same thing. 22 Q Were there drug dealers in that motel that 23 you purchased drugs from? 24 A Yes. 25 Q Did Diane purchase drugs from them? 17 1 A Yes. 2 Q How did she purchase drugs from these drug 3 dealers? 4 THE COURT: Excuse me. What time frame are 5 we in now? 6 THE WITNESS: Just recently, July. 7 THE COURT: This summer? 8 THE WITNESS: Yeah, this summer. 9 BY MR. GROGAN: 10 Q Just to clarify, are we talking about March, 11 April, May of 2002? 12 A Right. She was in rehab until she had the 13 baby. She had the baby, gave him up for adoption in 14 February, and then she moved in with me. That's this year. 15 Q 2002? 16 A Yes. 17 Q You and she resumed the same lifestyle of 18 smoking crack cocaine? 19 A Yes. 20 Q How was she purchasing crack in the spring 21 of 2002? 22 A Well, the guy living in 424 wanted sex for 23 drugs. He cal led at the motel asking her behind my back. 24 She was having sex with his girlfriend, which she was a 25 prostitute. 18 1 MS. CAREY: Objection, Your Honor. I mean, 2 it's hearsay. 3 THE WITNESS: I was in the same room when it 4 happened. 5 THE COURT: Hold on a second. Lay the 6 foundation. 7 BY MR. GROGAN: 8 Q How are you aware of the fact that she's 9 exchanging drugs for sex? Did Diane tell you that? 10 A Yes. 11 Q Did you see Diane engaging in sexual 12 activity for drugs? 13 A In Room 424. I was in the same room. 14 Q And you're doing this to obtain crack 15 cocaine? 16 A She was sleeping with her crack dealer's 17 girlfriend. 18 Q With the girlfriend? 19 A Yes. Plus he wanted it, too, but that was 20 behind my back, becau se I said no. 21 Q She' s also confirming this by telling you 22 she's doing this? 23 A Yes. 24 Q Now, in the summer of 2002, your sister has 25 custody of your son, is that right? 19 1 A Yes. 2 Q Does Diane ever ask you to go see Nicholas? 3 A No. 4 Q Does she ever ask you to bring Nicholas to 5 her? 6 A No. 7 Q How often do you see Nicholas? 8 A Well, when Christie had to work, she needed 9 somebody to baby-sit, so it was once a week. If she would 10 stop by Monday night dinner, I would ask if Nick could stay 11 for a couple of hours. She'd go home and come back and pick 12 Nicholas up a couple of hours later. It was always me that 13 asked to see my son, not her. 14 Q Eventually Nick was allowed to stay with you 15 in the hotel overnight? 16 A Yes. 17 Q When did that start? 18 A Right when Christie went to New York for 19 vacation, just a couple of months ago. 20 Q Okay. Moving back into the June time frame 21 of 2002, were you and Diane still using illegal drugs? 22 A Yes. 23 Q What happened in June 2002 that resulted in 24 her going to jail? 25 A Things that she usually does. I want to -- 20 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 we'd do a little bit. I want to stop. I've got to go to work. She wants more money from me, throwing things, hitting me, punching me, wanting more money. I would move to the other end of the room and lay on the couch, and she'd come over and bite me, kick me, hit me for more money. That's what most of the fighting was about. Q Was there a time in June of 2002 that you had to call the police because she was assaulting you? A Yes. Q Describe the Court what led up to that assault? A Using drugs. She wanted more drugs. I wouldn't give her no money. She was whipping beer cans at me, smashing cans on the walls, scratching me. She bit me in my face, punched me in the back of the head. I went up to the owner and asked him if I could have another room because she was out of control. He gave me another room. She followed me to that room, was beating on the door. I got another room. The owner finally told me to call the police. Q What happened when you called the police? A She was standing there at the phone screaming and hitting me. Then the cops came. The police arrested her because I had bruises on my face, scratches. My nose was bleeding. Q Did she go to jail? 21 1 calls up. She's on the phone for about a minute, and she 2 didn't say nothing. She was all quiet. I ripped the phone 3 out of her hand and -- 4 THE COURT: Wait. You're telling me that 5 you have your son when you two are partying and smoking? 6 THE WITNESS: Yes, in the same room. 7 BY MR. GROGAN: 8 Q Just to put it on the record, your son is 9 with you? 10 A Yes. 11 Q Diane and you -- 12 A He was sleeping in the crib. 13 Q And you and Diane are smoking crack and 14 using illegal drugs? 15 A Yes. 16 Q What happens while your sister is away on 17 vacation? 18 A She was on the phone. She didn't say 19 nothing for -- it was -- she was -- for about a minute. I 20 got pissed off because I knew something was up. I grabbed 21 the phone from her, and the black guy living in 424 was 22 offering a threesome for crack. 23 Q When you say -- you actually heard this? 24 A Yes, on the phone, because when I ripped it 25 out of her hands I was listening. He didn't know that I was 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 on the end of the line then. Q What happened at that point? A I told her we were done. She said, you'll never see your Ping son again. Q Did she say F'ing son or did she use the actual term? A Q A you leave me. son again. Q A night. The actual term. What term did she use? You'll never see your fucking son again if You're not leaving me or you'll never see your Is this during the daytime or at night? At night. It was probably 11:00 or 10:00 at 15 Q What happens after that argument? 16 A She said, well, if we're done, I guess I'm 17 just going to go up to Room 424. I said, if you go up there, 18 that's it. The door's locked. You're not coming back in 19 this fucking room. We fought, went to bed, got up the next 20 morning. My boss showed up at 6:00. She was screaming, 21 hollering, acting erratic, rummaging around. I said, we're 22 done. I said, I want to wait till the baby-sitter gets here 23 at 7:30 to pick up Nicholas. I'll be at work then. That's 24 when we got in the argument. She took off, I grabbed her by 25 the back of the shirt, and she fell with Nicholas. That's 24 1 when I got arr 2 Q 3 never see your 4 that? 5 A 6 of the way she ested for the simple assault. When she took off, when she told you you'd son, Nicholas, again, what did you think about I was in fear for his life and hers because acts. 7 Q Has she attempted suicide during your 8 relationship? 9 A Twice. 10 Q When was the first time she attempted 11 suicide? 12 A When she took her whole bottle of Prozac and 13 I dropped her off at the Holy Spirit Hospital. 14 Q Was Nicholas alive or was this pre-Nicholas? 15 A Nicholas was alive then. 16 Q Was this in the August/September 2000 time 17 frame? 18 A Yes. 19 Q After that, when was the next time she 20 attempted suic ide? 21 A Probably around May of this year. We went 22 to the bar acr oss the street and drank a couple of beers, and 23 she wanted me to ask a couple of strangers for a ride to go 24 get crack. We ended up asking a black truck driver. He said 25 he'd split a cab with us. Her cabbie came to the room. She 25 1 was bragging about having the black crack dealer's kid to him 2 and flirting with him. I got pissed off, and I said that he 3 had to go. I called her a whore, a nigger lover. She got 4 upset about her life and took a whole bottle of Wellbutrin 5 pills. This time I just left her take them. I didn't take 6 her to the hospital or nothing. I just called my sister and 7 said, don't bring Nicholas tomorrow. 8 Q Eventually, did she recover from that 9 incident? 10 A Yes. 11 Q That was in May of 2002? 12 A Yes. 13 Q Since the breakup in July of 2002, have you 14 been able to see your son, Nicholas? 15 A No. 16 Q Why is that? 17 A Because she said that she was in fear that I 18 would hurt my son, which I'm the one that spent all of the 19 time with my son, not her, and I would never hurt him. 20 Q Your status right now, are you still under 21 probation or parole with Cumberland County? 22 A No. 23 Q What are you doing to address your addiction 24 or your drug use? 25 A I work most of the time. I spend time with 26 1 my family. I mean, I still drink, but there ain't no drugs. 2 Q What have you done to change your drug use? 3 Are you in counseling at all? Are you doing any type of NA 4 or AA? 5 A No. 6 THE COURT: Would you voluntarily submit to 7 a drug test today? 8 THE WITNESS: Yes. Her, too? 9 MR. GROGAN: You don't ask the judge 10 questions. I apologize, Your Honor. 11 BY MR. GROGAN: 12 Q What are you asking the Court to do as it 13 relates to your son, Nick? 14 A I want him to be where he's always been his 15 whole life, with my sister, with somebody responsible. She 16 gives him a good life. He calls my sister mom because she's 17 always been there for him. 18 Q Are you worried about your son's best 19 interests? 20 A Yes. 21 Q Who, between you, your sister and Diane, do 22 you feel is best suited to raise Nicholas right now? 23 A My sister. 24 Q Why is that? 25 A Stable family, no drugs, no alcohol. Her 27 1 children love my son. She spends time with him and does 2 things with him. 3 MR. GROGAN: Thank you. I have no other 4 questions. 5 THE COURT: Mr. Cutler. 6 CROSS-EXAMINATION 7 BY MR. CUTLER: 8 Q You mentioned an incident where Diane was 9 stealing cigaret tes? 10 A Um-hum. 11 Q Why would she be stealing cigarettes? 12 A For crack money. 13 Q How does that process work exactly? 14 A Sell the cigarettes for half price. People 15 buy them. 16 Q So once the cigarettes are stolen, then what 17 would happen? 18 A We would sell them. 19 Q Both of you together? 20 A Yes. 21 Q Where would you go to sell them? 22 A People that we knew would buy them, or go to 23 a bar. In a bar people would buy them. 24 Q You mentioned the one incident where you 25 were smoking crac k when Nicholas was in the room, is that 28 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 right? A It was more than once that we partied in front of my son. Q When you would smoke crack when Nicholas was in the room, would you go outside or would you -- A In the bathroom. Q And Nicholas would be out -- A It's a one-room place with a bathroom, so his crib was in the one room. MR. CUTLER: That's all I have on cross, Your Honor. THE COURT: Ms. Carey. BY MS. CAREY: Q In the cigarette deal, you sold the cigarettes that -- A We both did. Q And you did the crack with her, you said? A Yes. Q You also were in jail for receiving stolen property? A It was a license plate for my car, yes. Q And, also, theft by unlawful taking and receiving stolen property, and also -- A No, not theft by unlawful taking. Q Forgery and conspiracy in 1996? 29 A Q A Q your son was th A Q night and said, Nicholas? '96, yes. For all of those things? Um-hum. You testified that you were smoking when ere in 2002? Yes. Isn't it correct that Diane called you that don't smoke because we're going to have A No. Where would she call me from when she lived with me? Q When she was working. A She had the guy in the motel deliver stuff to her at work. Q You're saying -- A She worked an eight-minute walk from where the motel was. His girlfriend, the prostitute, worked at the Flying J across the street from where she worked. Q So you're saying that she didn't call? A No. MS. CAREY: I have nothing else. MR. GROGAN: Just for the record, we rest, Your Honor, just to make the record clear.. THE COURT: Are you going to have other witnesses, Mr. Cutler? 30 1 MR. CUTLER: No, Your Honor. 2 THE COURT: So the Plaintiff and Mr. Dell 3 have rested. We're going to take a brief recess, and then 4 I'll hear from Ms. Witman. 5 (A recess was taken.) 6 THE COURT: Ms. Carey. 7 MS. CAREY: I would call Diane Witman, Your 8 Honor. 9 DIANE F. WITMAN 10 having been duly sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MS. CAREY: 13 Q State your name for the record, please. 14 A Diane Witman. 15 Q You need to talk into the microphone. 16 A Diane Witman. 17 Q Diane, you are the mother of Nicholas Dell, 18 correct? 19 A Yes. 20 Q When was Nicholas born? 21 A July 31st of 2000. 22 Q He is your son with Charles Dell, correct? 23 A Yes. 24 Q You have other children, is that right? 25 A Yes. 31 1 Q Your other children are -- what are their 2 names and how old are they? 3 A I have a 14-year-old daughter, Roxanne 4 Witman; I have a 10-year-old daughter, Ali, Alexandria 5 Witman; and a 9-year-old son, Harry Witman, Jr. 6 Q Now, two of the children are with their 7 father? 8 A In Delaware, yes. 9 Q And Roxy is with? 10 A My sister, Irene. 11 Q You've had contact recently with Roxy, 12 correct? 13 A Yes, she comes and visits me. 14 Q How often does she come, approximately? 15 A She came once when I was at the shelter for 16 the whole weeke nd, and she just recently visited me like two 17 weeks ago. 18 Q Does she stay overnight with you? 19 A Yes, she stayed overnight. 20 Q What is her relationship like with Nicholas? 21 A Oh, she loves him. That's her little 22 brother. 23 Q Roxy is presently living with your sister, 24 correct? 25 A Correct. 32 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 Q What is the plan for Roxy? Is she coming back? A Yeah. At the end of the school year, we plan on Roxy moving back into the Stewart House with me. Q The Stewart House, by the way, is not a shelter, is it? A No, it is not. Q When did you move into the Stewart House? A September 5th. Q Of 2002? A Yes. Q That's after you left the shelter? A Yes, that is correct. Q Where you had been for 30 days? A I was there for more than 30 days. Q A little more than 30 days. The Stewart House, you can reside there for how long? A At least six months and up to two years. Q So your plan is to stay there as long as necessary? A Yes. Q Right now, your plan is to stay at least how long? A A year. Q At least a year? 33 1 A Yes. 2 Q Then you can stay more? 3 A Yes. If I choose to, yes. 4 Q Besides being a residence, there is also a 5 program involved with Stewart House, correct? 6 A That is correct. 7 Q Let my go back to your daughter. So she -- 8 the children can live with you there? 9 A Yes. 10 Q So both of the children could stay with you 11 there? 12 A Yes. 13 Q What kind of facility do you have to provide 14 for the children? Describe the area where you live? 15 A Where I live, I have my own room, which the 16 kids will stay with me. We each have our own bed. Right 17 across from my room is the lounge, which we have digital 18 cable and we have a VCR. I just got a TV for myself in my 19 room and a VCR, so I have tapes that Nick and I watch. 20 Q When you say your room, do you have a bed 21 for Nicholas? 22 A Yes. Well, since he crawled out of the 23 crib, I retired the crib and I got a toddler bed for him. So 24 he's in a toddler bed now, closer to the ground. 25 Q Now, at the Stewart House, if your daughter 34 1 comes to live with you, can you move into a larger area? 2 A If one becomes available, there are two 3 other larger rooms. There are larger rooms. 4 Q In terms of the meals, do you have access to 5 kitchen facilities and to meals for you and Nicholas? 6 A They provide all meals, breakfast at 7:00 in 7 the morning, lunch, and then we usually have a public dinner. 8 Usually that's -- churches come in and they -- it's a hot 9 dinner. They come in and cook for us and serve us. 10 Q So you take Nicholas to all of the meals? 11 A Yes, unless -- like sometimes I'll take him 12 out to dinner. 13 Q Sometimes you'll take him out to eat? 14 A Yeah. 15 Q Are there other chi ldren there? 16 A Yes. 17 Q How does he relate with the children? 18 A He relates to them. They're a little older 19 than he is and they're a little more rambunctious, but he 20 plays with them and plays with their cars and they play with 21 him. 22 Q In terms of you and Nicholas, when he -- 23 he's been in your custody since July 2002, correct? 24 A Correct. 25 Q Initially, you were at the shelter with him, 35 1 and now you reside at Stewart House? 2 A Yes. 3 Q What's the address of Stewart House, by the 4 way? 5 A 20 East Pomfret Street. 6 Q How would you describe your relationship 7 with your son? What kinds of things do you do with him on a 8 regular day? 9 A Well, in the morning, we get up and eat 10 breakfast. We'll usually go for a walk if I'm not working. 11 I read to him during the day. Then when it's his nap time, I 12 lay down with him and take a nap with him. He just got this 13 little busy thing from downstairs, and I'm teaching him his 14 colors, like red and yellow, blue and green. I just got a 15 whole bunch of books from one of my girlfriends, her 16 daughter. They don't need the books anymore. We read 17 together- I play with him with his cars. I have fun with 18 him. 19 Q In terms of potty training, have you gotten 20 into that at this point? 21 A Yeah. Before I give him a shower, I sit him 22 on the toilet. I say, now, can you go pee-pee potty? He 23 sits on the toilet and he looks. He tries. 24 Q So you're working on that? 25 A Yeah. Then I have a little potty in my room 36 I that I sit him on once in a while, and he'll try. 2 Q How about his health, have you provided for 3 his medical health? 4 A Yeah. I took him to get his last shots, so 5 he's up to date on all of his shots. 6 Q In terms of shots, have you always been the 7 person who's provided the shots for him? 8 A Yes. 9 Q You were in the courtroom when Mr. Dell was 10 testifying that you didn't provide for his care or Christie 11 Harner. Did you provide for his shots from the time he was 12 born? 13 A Yes. 14 MS. CAREY: I would like to mark this as 15 Defendant Diane Witman's Exhibit 1. 16 BY MS. CAREY: 17 Q I'm showing you what has been marked as 18 Defendant Diane Witman's Exhibit No. 1. Is that the record 19 of the shots that Nicholas has had since he was born? 20 A Yes, that is. 21 Q What was the date of the first shot? 22 A 7/31/00. 23 Q Who provided that shot for him? Who took 24 him to the doctors? 25 A I believe he got that one at the hospital 37 1 when he was born. 2 Q Then it goes on. Who provided him with the 3 rest of those shots? Who took him? 4 A I took him to Dr. Ciccarelli's office in New 5 Cumberland. 12/13/00 he went to Dr. Ciccarelli's office. 6 Q When he got his next shot, when was that? 7 A Wait. Excuse me. 9/27 first. But he got 8 all of his shots at Dr. Ciccarelli's office in New 9 Cumberland. 10 Q And you took him? 11 A Yes, I took him. 12 Q Is he current on his shots? 13 A Yes, he is current. 14 Q Have you recently taken him to the doctors? 15 A Yes, I took him for a physical. 16 Q Who did you take him to? 17 A I took him to the Sadler Clinic. 18 Q Do you have medical assistance for him? 19 A Yes, I do. 20 Q Were you able to get cash assistance -- or, 21 excuse me, an Access card for him.when he was living with 22 Christie? 23 A No. Since he did not live with me, I could 24 not get medica l insurance for him. 25 Q So when she asked you, you thought maybe you 38 1 could? 2 A I thought maybe I could. But when I tried, 3 I inquired about it, I could not. 4 Q So as soon as he came into your custody 5 again, after she had temporarily taken care of him, you got 6 him medical assistance? 7 A Yes, I did. 8 Q Besides the shots, what other medical 9 treatment have you gotten for him? 10 A I got him a TB test and I got him a 11 physical, which I found out that he needs to go see an eye 12 doctor because they don't like his lazy eye. He's got a 13 slight lazy eye. 14 Q Have you arranged for him to see the eye 15 doctor? 16 A Yes. 17 Q Do you have an appointment scheduled for 18 that? 19 A October 25th. 20 Q Where will that be? 21 A At Dr. Stoken's office. 22 Q In terms of his Claritin or his allergies, 23 did you verify whether or not he still needs to take that? 24 A Yes, he does. I didn't -- he still needs to 25 take it, because when I took him in it was h is allergies. It 39 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 wasn't just another cold. Q Initially, when he came to you, when Christie testified that you did not provide the Claritin for him, did you understand that it was something he needed to continue? A No. I just thought that he only needed it because when he was living with her she has animals and he's got allergies. Then when he wasn't living with her any longer -- and I didn't have any animals, and I wasn't smoking around him. I didn't know he still needed the Claritin. I did not know it was a maintenance drug at the time. Q So, at this point, is the doctor still saying it is a maintenance drug? A It is a maintenance drug that he should take every day. Q A Q treatment? A for his teeth. And he is taking it now? Yes. Have you done anything else for his medical Well, I had to -- I've got an appointment Q For his teeth? A Yes. Q Who is the appointment with, what type of doctor? 40 1 A It's a pediadontist. 2 Q A pediadontist. And does he need treatment 3 even though he's so little? 4 A Yeah. From being on the bottle for so long, 5 he's got what they call bottle rot on his top teeth and a 6 bunch of cavities up there. It hurts him really bad. It 7 took me a long time to get him this appointment because 8 they're so full. There's not many pediadontists around. 9 Q When is that appointment? 10 A Tomorrow morning. 11 Q You said he has a good relationship with 12 your 13-year-old daughter. 13 A Fourteen-year-old. 14 Q Do you take him to visit her? Did he ever 15 go to their house? 16 A Not right now, because :I don't have a 17 vehicle, but my sister brings my daughter to me. So far, 18 I've seen her like every other Saturday. We go out to the 19 mall or we go out shopping in the morning for a couple of 20 hours, and I spend some time with Roxy and Irene will spend 21 some time with Nick. 22 Q In terms of your mother, do you have the 23 children have contact with your mother? Does she come and 24 visit? 25 A My mother comes and visits, yes. She comes 41 I and picks us up. Like the one day it was raining and I 2 wasn't working, and I called. She came right away and picked 3 us up, and we went back and had dinner at the house. He 4 played with my niece. He really likes his Uncle Bill, too. 5 He says, hey, Bill. 6 Q Is that your brother? 7 A That's my brother-in-law. 8 Q So you do have him in connection, then, with 9 your family members? 10 A Yes. 11 Q And your nieces and nephews? 12 A Yes. 13 Q Your other two children you said live in 14 Delaware? 15 A Yes. 16 Q Did you have contact with them? 17 A I saw Ali back at Easter. When I did go to 18 jail back in June, I think, she ended up going back with her 19 father. She went to visit her father, and she ended up 20 staying with her father. 21 Q Prior to that, she had been with your 22 sister? 23 A Irene, yes. I saw her at Easter. My son 24 P.J. I haven't seen since Thanksgiving. I saw him right 25 before I went to rehab. 42 1 Q And it's your intention to renew contact 2 with all of them? 3 A My husband does not have a phone and I do 4 not know his address. 5 Q So you're in the process of trying to figure 6 that out? 7 A Yeah. My son's birthday was the 11th, and I 8 bought him a card. I gave it to my daughter Roxi because 9 she's supposed to be going down to visit. So, hopefully, 10 she'll get the address for me and phone number. 11 Q Now, there was testimony that you had a baby 12 that you put up for adoption. Is that accurate? 13 A Yes, that is true. 14 Q That baby was born when you were in a 15 shelter in 2002? 16 A No. That baby was born March 1st, in rehab 17 March lst. 18 Q The reason why you gave the baby up for 19 adoption? 20 A Because it was the best thing for him at the 21 time. He is with a wonderful family. 22 Q Before you went to the shelter, you had a 23 history of moving from place to place to place to place? 24 A (Witness nods affirmatively.) 25 Q You heard testimony from Charles as to all 43 1 of the places where you resided. Is it accurate that you did 2 move to several different hotel rooms? 3 A That is accurate, yes. 4 Q When did you get your own apartment, do you 5 remember? 6 A It was -- I think it was -- I moved in like 7 September 1st. 8 Q You only stayed there for about how long? 9 A Let's see. I was there from September 10 till -- November 5th is when I went to jail for the drug 11 paraphernalia. After that, I went back to my apartment for 12 one day in New Cumberland, and I moved back with my mother 13 until I went to rehab. 14 Q Until what? 15 A I went back -- until I went to rehab, I 16 stayed with my mother, so I would say till mid-November. 17 Q It was during that time that you had asked 18 Christie to take care of Nicholas temporarily, is that right? 19 A Right, that is correct. 20 Q What led up to that? Why did you choose to 21 do that? 22 A Because I wasn't stable. I lost my job. I 23 just -- I knew at the time that I needed to get my act 24 together. I needed to get my life together. I knew she 25 loved him and would take good care of him at the time. 44 1 Q Was it ever your intention that it would be 2 forever? 3 A No, it was never my intention. 4 Q Now, in November you went to rehab. Were 5 you allowed to take Nicholas or any of your children to rehab 6 with you? 7 A No. They wanted to try a different rehab 8 with me, because the first women and children's program that 9 I was in didn' t work. They had trouble finding a rehab that 10 accepted pregnant women. They finally found Bowling Green. 11 Q Where did you go to for treatment? 12 A Bowling Green in Kennett Square, 13 Pennsylvania. 14 Q How long were you there? 15 A 101 days. 16 Q During that time, you were not allowed to 17 have children there to visit you? 18 A There are no children allowed on the 19 premises under the age of 13. 20 Q So that was difficult for you, was it? 21 A I almost left a lot of times because I 22 missed him. 23 Q Now, did you arrange to see the children, 24 all of your children? 25 A Yeah. Since I was a long term, they made 45 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 special arrangements. Q They made special arrangements for you to visit with the children? A To have visits, yeah. Q Off the property? A Yeah. Q Is that the visit that Christie testified to, that she arranged that your mom bring Nicholas up to see you? A Yes. Q And your daughter was there, also? A Both of my daughters. We couldn't get ahold of my son P.J. Q A Q A Q out the rehab? But your other daughter was there, too? Yes. So you had a visit with him? Yes. Then you went back to the rehab and finished A I completed that, yes. Q You stayed there for approximately how long? A At the rehab? Q Yes. A 101 days. Q And you were extended -- the time was 46 1 extended from 90 days to 101 days because of the baby, right? 2 A Right, because they -- I made a deal with 3 the family that was adopting the children that I would stay 4 until the baby was born. 5 Q And they let you do that, the rehab 6 facility? 7 A Yes. 8 Q How was that rehab program different from 9 other rehab programs that you've been to in terms of your own 10 personal recovery? 11 A This rehab was more intense. We didn't have 12 time to think to ourselves. We had lectures all day long. 13 It was wonderful. I mean, I really learned a lot. I learned 14 the tools. Compared to the other rehab, it was for children, 15 too, so they allowed for the mothers, you know -- there was 16 like a lot of lapse time. It wasn't -- it was like we had 17 two groups a day, and the rest of the day was cleaning and -- 18 it wasn't -- I wasn't learning. I didn't learn anything at 19 the other one. This one I learned to incorporate the 12 20 steps into my life. I learned how to work a sponsor. I 21 learned how to find one. I learned a lot of things. 22 Q Now, you came out of rehab approximately 23 what date? 24 A I believe it was March 8th. 25 Q Of 2002? 47 1 A Yes. 2 Q Did you go back to Mr. Dell? 3 A Yes, I went back to Mr. Dell. 4 Q Where did you live? 5 A I lived at the Stardust. 6 Q Did you have Nicholas with you? 7 A No. Nicholas was with Christie at the time. 8 Q Was that a good decision, to go back with 9 Mr. Dell? 10 A Now that I think back, no, it wasn't. 11 Q In the past, had you gone to rehab and then 12 relapsed when you went back with Mr. Dell? 13 A Yes. 14 Q So how long did you stay with him? 15 A From March until July. 16 Q Now, during that time, were you seeing 17 Nicholas? 18 A Yes, I was seeing Nicholas. 19 Q How did that come to be? Who was asking to 20 see him? How was it being arranged? 21 A Well, Chuck would call Christie. I wanted 22 to get him more, but I didn't know what Chuck -- he was 23 working, and I didn't know if it was okay if Nick would be 24 there when he got home from work. I didn't know, because the 25 one time he called Christie he was so tired. He says, I'm 48 1 tired, and he called Christie. He said, come get Nicholas. 2 I need to go to bed. So I didn't know if it was okay with 3 Chuck to get my own son. 4 Q Okay. 5 A And I -- 6 Q Go ahead. 7 A I didn't know how to deal with coming out of 8 rehab, and I hadn't seen him in so long. I felt like I was 9 alienated from him. I didn't get one picture of him when I 10 was in rehab. 11 Q Did you ask Christie for pictures? 12 A Yes, and I didn't get one picture. I didn't 13 get a Christmas card from him. I didn't get anything from 14 him. 15 Q Were you in contact like that with your 16 daughters with cards? 17 A I got cards from my daughters. I got to 18 talk to them all the time. 19 Q Did you call Christie to talk to Nicholas or 20 to talk to Christie about Nicholas? 21 A I called Christie to talk -- well, you can't 22 really talk to Nicholas, you know, just to say hi to him. 23 That's about it. He was having trouble waking up screaming, 24 and I was worried about him. I called her to see how he was 25 doing. I asked for pictures, and I never got a picture. 49 1 Q When you did get out of rehab and were 2 living with Charles in the various motels, approximately how 3 much contact did you have with Nicholas? 4 A I got more contact with Nicholas. When we 5 moved to Rodeway, I got even more contact with him. 6 Q What's more? I mean, describe it. Like how 7 much a week? 8 A I got to see him like twice a week more, and 9 I was keeping him overnights because I got the crib. 10 Q So she would arrange that with you? 11 A Yeah. 12 Q There was testimony that there was drugs 13 going on when Nicholas was there. Were you doing drugs when 14 Nicholas was there? Was Chuck doing drugs? 15 A Yeah, Chuck was doing drugs. Chuck would do 16 drugs when I was at work when Nicholas was there. The day 17 that -- the night we got in that fight, the last night -- 18 Q That would be like around July 15th, 2002? 19 A Yeah. 20 Q What happened then? 21 A Chuck brought Nicholas into work to see me, 22 and he ate a burger. He had money. I said, don't get any 23 stuff because we need to pay our rent. So he leaves, calls 24 me later and says, you're going to be mad at me, but I got a 25 40 from it. I'm at work. 50 1 Q Was he the one that was doing the dealing 2 for the drugs? 3 A Yeah. He was the one that would make the 4 calls that would pick up the stuff. 5 Q You said you needed to pay the rent. What 6 was in your mind for paying the rent? 7 A What were we going to do if we don't have 8 any money? We're not going to have a home. You know, I 9 said, Nicholas is there. 10 Q Did domestic violence erupt? 11 A The next morning it did, yeah. It was -- he 12 started -- he woke up calling me a nigger loving whore. Nick 13 hadn't had a bath in a couple of days because his father 14 hadn't given him a bath at nighttime. He needed a shower, so 15 I gave him a shower with me. At the time, Nick wasn't too 16 wild about showers, so he was like crying and stuff. I 17 locked the bathroom door, and Chuck kicked open the bathroom 18 door. 19 Q You were in there with them? 20 A I was in there with Nick, taking a shower 21 with Nick. 22 Q Comforting him? 23 A Yeah, I was holding him, giving him a 24 shower. We woke up late, because the night before we were 25 partying, you know. He kicked open the bathroom door and 51 1 took Nick out of my arms, put a diaper on him and took him 2 outside. So I finished taking a shower. Then I got dressed 3 and went out and said, let me have the baby, I want to get 4 him dressed. So I got him back in the room. I closed the 5 door. I locked the door. He started screaming, open this GD 6 thing or I'm going to kick the F'ing thing down. He already 7 kicked down the one door, so I opened up the door. 8 Q He had actually kicked down the bathroom 9 door? 10 A He made a big hole in the bathroom door when 11 he kicked it open. 12 Q Is that why you locked the next door? 13 A I locked the door when I got him back in to 14 dress Nick. That's when he threatened to kick down that 15 door. So I said, that's it. I walked out with Nick. I 16 walked out and I went left. I was going up the back-side of 17 the motel. I had Nick in my arms. He grabbed me by the back 18 of my shirt and pulled me down. Nick and I both fell down to 19 the ground. That's when one of the neighbors came out and 20 was wondering what was going on and stuff. Nick was crying. 21 I was crying. Then she says, do you want me to call the 22 police? At first, I was afraid, you know, and I said no. 23 Then I said, well, go ahead and call the police, you know. 24 So I walked around, back around in front of 25 our door. I was walking close by our door, and there was a 52 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 fire extinguisher with glass. He pushed me into that glass, breaking the glass. I just went, oh, my God, I can't believe you just did that, and then I ran to the Texaco. That's where the police found me. Q With the baby? A Yes. Q That's when you went to the shelter? A Yes. Q Had there been a history of domestic violence? A Yes, there has been. Q Were the children involved and were they there when -- A My daughters, Roxanne and Ali, were there one time, and my daughter Roxanne saw him hit me. She's afraid of him. Q There was testimony that you were in prison for assaulting him. Were you? A Yes, I was in jail. simple assault. I got put in jail for Q Were you abused at that same incident? A Yes, I was. I had this big bruise going down my back. He had pushed me into a truck. I guess I scratched him in the struggle with my nails. I didn't mean to. The police officer did not see my back. He just saw his 53 1 face. 2 Q Those are the charges that were ultimately 3 dropped? 4 A Yes. 5 Q Has he ever assaulted you in the past? 6 A Yes. 7 Q What kinds of things did he do to you? 8 A Well, the first incident is when I -- 9 Q In 2000? 10 A Yeah, in 2000 -- 2001. It was 2001. He was 11 hitting me. He hit me so hard in the head that he popped my 12 eardrum. Then that's how I -- 13 Q You had a protection from abuse order at 14 that point too? 15 A Yes, I did. 16 Q You dropped that protection from abuse order 17 eventually? 18 A Yes, I did. 19 Q Why was that? 20 A Because he was in jail. 21 Q What did he go to jail for? 22 A Receiving stolen property. 23 Q Now, you've been back with -- 24 THE COURT: When was that? 25 THE WITNESS: Back in 2001. 54 1 BY MS. CAREY: 2 Q So, then, after this July 16th of 2002 3 incident, did you get another protection order? 4 A Yes, I did. 5 Q You were also concerned for Nicholas? 6 A Yes. It seems that he has been progressing. 7 His temper is worse. I saw something in his face that day 8 that I don't want to ever see on a person again. I'm 9 terrified of him. 10 Q In terms of his contact with Nicholas, you 11 want him to have a relationship with his dad? 12 A Yes, I do want him to have a relationship 13 with his father. 14 Q Are you requesting that -- how do you wish 15 his visits to be? 16 A His father is sick. His father has got a 17 disease. He's not good to him when he's drinking and doing 18 drugs. My son doesn't deserve -- he does not deserve -- he 19 deserves a father that will take care of him. I just wish 20 he'd get help. 21 Q Who provided the care for Nicholas before 22 Nicholas went to live with Christie? 23 A I did. 24 Q When you say you provided the care, like 25 what do you mean? 55 1 A I fed him. I changed his diapers. I bathed 2 him. Chuck wouldn't do any of those things. 3 Q So from the time he was born until the time 4 he went to Christie, you were the one who was providing for 5 him? 6 A Yes. 7 Q Were you trying to get a permanent place to 8 live? 9 A Yeah, I was. I just wanted a home. 10 Q There was no -- you were not able to get a 11 home? 12 A Not at the time, no. 13 Q Now, you admit that there was drug activity 14 in your past? 15 A Yes, there was drug activity in my past. 16 Q There was testimony that there was a lot of 17 sexual conduct for drugs. Is that accurate? 18 A I did that one time, and the result was an 19 innocent child. I never did that again. 20 Q In terms of your drugs, the drugs, is that a 21 past thing for you? 22 A Yes, it is. 23 Q What kinds of things are you doing presently 24 to provide that you continue with your sobriety regimen? 25 A I go to my counseling. 56 1 Q What counseling do you go to? 2 A Roxbury. 3 Q Is that with -- 4 A With Pam McMullen. I go to group therapy. 5 Q How often do you go? 6 A I go once a week now, Wednesday nights. 7 Q She said you finished the first, the 8 intensive -- 9 A Yeah, I graduated. 10 Q When you say you graduated, does that mean 11 that you -- 12 A I completed the intensive part of the 13 program. Now I'm just in the outpatient part of it. 14 Q So now you go once a week? 15 A Yes. 16 Q You also do other things, is that right? 17 A Yeah. Two nights a week I go to what they 18 call survival skills for women at the OSC on Hanover. It's a 19 five-week cour se, and they teach about nutrition, physical 20 health, child management, money management, legal services. 21 There's a few other ones I can't remember. 22 Q Do you have a couple more of those life 23 skill programs ? 24 A I have about three and a half weeks left to 25 go. 57 1 Q How have you found that information? 2 A Through the Stewart House. 3 Q I mean has it helped you? 4 A Oh, yes. Yeah, it's helped me a lot. I 5 mean, it 's everything I do now. It's like to my future, you 6 know. 7 Q Have you tried to get any extra parenting 8 classes? 9 A Yeah. I go to Parent Works once a week. 10 Q How did you find out about that? 11 A The one woman at the Stewart House, one of 12 my friends, she told me about it. She said, Diane, why don't 13 you come with me one morning, and so I went with her one 14 morning. It was fun. 15 Q Can you take the child with you? 16 A Yes. It's for the child and mother. 17 Q How long is that program? 18 A Well, I don't know how long the program -- 19 how long you have to go or -- I don't know how long it -- 20 it's like two hours a day. 21 Q So you've gone a few times? 22 A I have gone three times, I believe. 23 Q Can you continue to go? 24 A Yes. 25 Q Have you found that to be helpful? 58 1 A Oh, yeah. Like the first hour is like mommy 2 and child play, you know. I play with -- like Nick has a 3 hard time sharing with other kids. What: she does is she like 4 supervises, kind of. She looks out to see how the parents -- 5 like I was telling Nick, no, no, he had that first. She 6 said, redirect him to something. Like she'll tell us better 7 ways of communicating with the child and better ways -- like 8 instead of just telling him, no, you can't do it, to redirect 9 him and find another way around. Do you know what I mean? 10 Q Speaking of disciplining him, was there -- 11 how do you discipline him ordinarily? He's only little, but 12 how do you discipline him? 13 A He's a good boy, so he doesn't get much 14 disciplining. He doesn't do anything wrong. He really 15 doesn't. My only problem is he has a problem with hitting. 16 He comes up and hits me a lot. I tell him, you know, don't 17 do that, honey. That's not nice. He hits me again, and I'm 18 like, please, don't do it. He hit me again. I said, the 19 next time you do it, you're going back into your bed. Well, 20 he did it again. I said, that's it, in bed with you. I laid 21 him in his crib. 22 My room is right across from the lounge. I 23 was sitting in the lounge with a bunch of the other girls. 24 It wasn't even five minutes later, and the door opened to my 25 room, and here comes Nicholas. I'm like, he's not supposed 59 1 to be out of his crib. I mean, I saw the big goober on his 2 head, and he was holding his arm. One of the women there is 3 like a nurse almost, and she looked at his eye and said he 4 was fine. I said, I'm taking him to the doctors to get his 5 arm x-rayed because he was holding it too much. 6 Q Was it broken? 7 A What they call it was a bend. Whereas an 8 adult, the bone would have broken through. But since 9 children's bones are still flexible, it just bent. But they 10 still treated it like a fracture. 11 Q When Christie picked him up, did you explain 12 that to her? 13 A Yes. I called her Friday, and I explained 14 that he broke his arm to her. 15 Q Do you have an appointment to get the cast 16 off? 17 A Four weeks from now. 18 Q Had he crawled out of his crib before? 19 A No. That's the first time. He had put his 20 leg up a couple of times, but, no, he hasn't really -- but 21 this is the first time he actually did it. 22 Q Then you said you retired the crib? 23 A I retired the crib. 24 Q You were talking about the things that you 25 do. Do you attend any other programs? 60 1 A I go to AA meetings at least -- I try to go 2 at least three times a week, Saturdays, Sundays and Mondays. 3 I found a sponsor. I am looking for a home group right now. 4 I'm working with my sponsor with that one. 5 Q How often do you meet with your sponsor? 6 A I meet with her -- I see her a lot. 7 Saturday night we went out to Friendly's. We have what they 8 call a sponsor family. Her sponsor from Reading and her 9 sponsee came down from Reading. We went to Friendly's for 10 dinner after the meeting. We had a really good time. We 11 just meet all of the time. 12 Q There was testimony about you going to Holy 13 Spirit Hospital at one point because of -- it was said that 14 it was a drug overdose. Did you go to the Holy Spirit 15 Hospital? 16 A Yes, I did. Yes, I did. 17 Q Had you taken some drugs? 18 A Yes, I had taken my Prozac. 19 Q What was the context? What happened to 20 make -- why did you do that? 21 A We were living at the Holly Inn. 22 Q You and -- 23 A Me and Chuck and Nick. We were doing our 24 drugs. We somehow talked the owner into giving us the money 25 that we had paid for the week so we could go get some more 61 1 drugs. Then we did our drugs. We were sitting down at the 2 river. We ha d no place to go. I just remember thinking, 3 why? I just -- I didn't -- I didn't have any hope at the 4 time. 5 Q You had no home either, did you? 6 A I had no home. We were in the car. I was 7 cold. 8 Q Has that ever happened again? 9 A No. 10 Q Did you stay in the hospital long? 11 A I stayed at the hospital a day or two, and 12 then they got me into rehab, Gaudenzia. Then I went to 13 Common Ground on Front Street until they could find a bed for 14 me at a women and children's rehab. 15 Q Do you still take medication? 16 A Yes, I do. 17 Q What medication do you take? 18 A I take Prozac daily. 19 Q That would be for depression? 20 A Yes. 21 Q But you've never had any other feelings 22 about taking d rugs? 23 A Not again, no. 24 THE COURT: Since when? 25 THE WITNESS: Taking drugs? 62 1 MS. CAREY: No. 2 THE WITNESS: You mean overdosing? 3 THE COURT: I thought the question was 4 taking drugs. 5 THE WITNESS: Yeah, that's what I thought. 6 I haven't had since 90 days. I've been clean for 90 days. 7 BY THE COURT: 8 Q That's back to that July date? 9 A Yeah. Ever since I left there, I haven't 10 had a drink or a drug since then. 11 Q How old are you? 12 A Thirty-four. 13 Q What is the longest you've gone without 14 drugs? 15 A Four months. 16 Q When was that? .17 A When I was in rehab last time. This is the 18 longest I've been clean outside of rehab, though. 19 Q Would you take a drug test today? 20 A Yes, I will. 21 Q Is drug testing part of the Stewart House 22 program? 23 A Yes, and it's also part of my outpatient at 24 Roxbury. 25 Q How often have you submitted to drug tests 63 1 in the last 90 days? 2 A Two weeks ago I got a drug test at Roxbury, 3 and then maybe a week before that I got one to get my job. 4 So I've had two the last 90 days. 5 Q None at the Stewart House? 6 A No, because I had one at Roxbury. But I get 7 Breathalyzed every time I leave the property and go back on 8 the property. 9 Q Where did you get a job? 10 A Choice Cigarette Outlet. 11 THE COURT: I'm sorry. Go ahead. 12 BY MS. CAREY: 13 Q After you went into the shelter after July, 14 were you able to contact Christie? 15 A I didn't know if she was home from vacation 16 or not. At that time, I didn't want to deal with anybody. I 17 was trying to get myself in order, get my feelings, get my 18 thoughts in order at the time. I just didn't want to deal 19 with anybody at the time, so I didn't call anyone. 20 Q Was it ever your intention to keep the child 21 from Christie? 22 A No, no. It was never my intention to do 23 that. I just wanted a little space. I just -- 24 Q Are you willing to continue the aunt and 25 nephew relationship with Christie? 64 1 A Yes. 2 Q The order that's currently in place gives 3 Christie every other weekend, but it also says when you need 4 a baby-sitter for longer than two hours you ask her? 5 A Um-hum. 6 Q Has that proven to be a problem in any way 7 for you? 8 A No. Nick enjoys that, too. 9 Q Is two hours -- I mean, can you get a 10 baby-sitter for an hour or two? 11 A Yes, I can get a baby-sitter for an hour or 12 two. 13 Q Would you prefer it to be -- like if it were 14 a longer period of time he could go to Christie? 15 A Yes. 16 Q So if it were a longer block of time? 17 A Yes. 18 Q You said you have a job. Is it a part-time 19 job? 20 A Yes, it's a part-time job for right now. 21 Q Are your hours regular or are they all 22 different kinds of hours? 23 A They're regular hours. 24 Q What's the longest block of time that you 25 work? 65 1 A The longest block would be Sunday morning. 2 I work 6 a.m. till 3 in the afternoon. 3 Q Other than that, it's usually how long? 4 A Six hours. 5 Q So you don't have a problem if Christie is 6 available for her baby-sitting? 7 A Right. 8 Q But you would prefer it not be a court 9 order? 10 A Right. 11 Q Especially not a court order for two hours? 12 A Yeah. 13 Q Do you still smoke? 14 A Yes, cigarettes. 15 Q But you don't smoke around Nick? 16 A No. We're not allowed to smoke in the 17 Stewart House. We have to go outside to smoke. 18 Q Were there ever times when you were with 19 Chuck in the motels when you wanted to see Nicholas and he 20 wouldn't cooperate with that? 21 A When we wanted to do our drugs. I'm like, 22 well, let's get Nick. No, not tonight. But that's about it. 23 Usually I would see if it was okay first with him if I wanted 24 to get Nick. 25 Q You have no intention of going back with 66 1 him? 2 A No. 3 Q How long do you plan to stay at the Stewart 4 House? 5 A At least a year. 6 MS. CAREY: Nothing else. 7 THE COURT: Mr. Cutler. 8 MR. CUTLER: Can I approach and take a 9 closer look at the shot records. 10 CROSS-EXAMINATION 11 BY MR. CUTLER: 12 Q The shot record here, is it your testimony 13 that every shot on this document was the result of you taking 14 Nicholas to the doctor? 15 A Yeah. Yes. 16 Q Now, the Stewart House you testified to, is 17 there any guidelines as to who can be admitted to the Stewart 18 House and who can't? 19 A What do you mean? I don't -- 20 Q Can anybody apply and get admission to the 21 Stewart House? 22 A There is a waiting list to the Stewart 23 House. I don't know much about that aspect of the Stewart 24 House. 25 Q The fact that you had a child at the time 67 1 allowed you to get into the Stewart House quicker? 2 A I do not know that. 3 Q Recently, I believe, your counselor 4 testified that you started your intensive rehab August the 5 5th, 2002? 6 A Yes, that's correct. 7 Q That was after Mrs. Har.ner filed her action 8 for custody, is that right? 9 A Yes, that's correct. 10 Q Now, Nicholas was born July of 2000, right? 11 A Correct. 12 Q The first time you went into rehab was what 13, month? 14 A October. 15 Q Of 2000? 16 A Yes. 17 Q That was a result of an incident which 18 occurred in October while you were living at the Holly Inn? 19 A It occurred in September, because I went 20 into the rehab October 5th. 21 Q So Nicholas was about three months old at 22 this time? 23 A About. 24 Q And you had custody of Nicholas? 25 A Yes. 68 1 Q And you and Chuck were doing crack cocaine 2 and maybe other drugs while you had Nicholas? 3 A Yes. 4 Q When you went to the rehab in October, how 5 long did you stay there, October of 2000? 6 A About three months. 7 Q When you got out of the rehab, how long was 8 it before you started using drugs again? 9 A The first rehab, the rehab we're talking 10 about in October? 11 Q Right. 12 A A week. 13 Q Did you have Nicholas at that time? 14 A Yes. 15 Q Was Chuck with you at that time, also? 16 A That's correct. 17 Q You continued doing drugs from up until 18 approximately, was it, October or November of 2001? 19 A I stopped for about two months then. I 20 still was drinking, but I wasn't doing drugs. 21 Q What months did you stop doing drugs? 22 A March and April, I think. It was like 23 towards the end of May that I started back up again. 24 Q May of 2001? 25 A Yeah. I continued to drink during that 69 1 time. 2 Q Now, you mentioned that you only had sex for 3 drugs on one occasion? 4 A Yes. 5 Q When was that? 6 A That was July -- June or July of 2001, when 7 I got pregnant. 8 Q So that was your crack dealer's son or 9 child? 10 A Yes. 11 Q Then, in approximately November, you went to 12 another rehab, November of 2001? 13 A Yes. 14 Q That wasn't a voluntary choice on your part, 15 though, was it? 16 A It could have -- it was either rehab or go 17 back to jail until my trial, until my preliminary hearing. 18 Q So this was actually a bail condition? 19 A Yes, it was a bail condition. 20 Q I guess you had contact with the family who 21 was going to adopt this child? 22 A Yes, I did. 23 Q You had mentioned that you made a deal with 24 them to stay in the rehab? 25 A I signed the paper with them that I would 70 1 complete the rehab. I could have left the rehab at any time 2 I wanted to. I wasn't court ordered there. I stayed because 3 I had to follow through on something. 4 THE COURT: Because they didn't want the 5 child to be crack addicted? 6 THE WITNESS: Well, yeah, but they also -- 7 they knew that I needed help, too. They were very loving. 8 They were very good people. I just -- I started something 9 and I wanted to finish it. 10 BY MR. CUTLER: 11 Q What exactly was the bail condition, that 12 you had to complete it or that you had to stay there until 13 the child was born? 14 A That I just had to go to rehab. It didn't 15 say anything about completion. 16 Q When did you make the decision that you were 17 going to give this child up for adoption? 18 A Well, when I found out I was pregnant I was 19 going to have an abortion, but I couldn't do that because 20 that's a baby, it's a child, and it wasn't the child's fault. 21 I knew I didn't want to take care of him because of the 22 situation that he was conceived in. I was working with this 23 woman, and she said that her husband's cousin was trying to 24 adopt a baby, so she got me in touch with them. 25 Q Okay. So, essentially, you're saying that 71 1 the best interests of that child would have been served by 2 giving that child up for adoption? 3 A In the future, yeah, because, I -- maybe I 4 just chickened out, but I didn't want to look at that child 5 and say, you were just conceived for 70 rocks. I wanted him 6 to feel loved, and I knew the Kreisers (phonetic) could do 7 that. It wasn't the easiest thing to do. 8 Q Now, the people who adopted this child, they 9 weren't biological relatives in any way, were they? 10 A No. No, they weren't. 11 Q But now your position is that the best 12 interests of Nicholas is to be with you? 13 A Yes. 14 Q And not with his Aunt Christie? 15 A He's my son. Jamie wasn't my son. Jamie 16 was the Kreisers' son. I bonded with that boy. 17 Q Now, you got out of the rehab in March, 18 after this child was born. How long was it until you started 19 using drugs? 20 A Two, three weeks. I'm not too sure. I 21 guess two, three weeks. 22 Q There were times during that period where 23 you had custody of Nicholas and you were doing drugs? 24 A Not at first we weren't doing the drugs when 25 Nicholas was there, when I came out of the rehab at first, 72 1 because we really didn't have Nicholas that often. So on the 2 nights that we had Nicholas, we didn't do anything. 3 Q You said at first. 4 A At first. But then when we moved to the 5 Rodeway, we started to get Nicholas more often. 6 Q So when you started getting Nicholas more 7 often, that coincided with the drug use? 8 A Yes. Yes, it did. 9 Q Now, this incident on, I guess, the 14th, 10 when Chuck was arrested, the night before, had there been any 11 plans for drugs for sex? 12 A No, there wasn't any plans for that. 13 Q But you had been doing crack cocaine that 14 night? 15 A Yes, we had been doing crack cocaine that 16 night. 17 Q And Nicholas was there with you? 18 A Yeah. 19 MR. CUTLER: That's all I have on cross, 20 Your Honor. 21 BY MR. GROGAN: 22 Q It's Mrs. Witmer, isn't it? 23 A Witman. 24 Q Witman. You're still married to the father 25 of your three children, isn't that correct? 73 1 A Yeah. We're separated. 2 Q He has custody of the two younger children, 3 and your sister has custody of Roxanne, the third child? 4 A Right. 5 Q Now, it's my understanding that this Stewart 6 House is a structured environment that you went to live in 7 after you left the shelter, is that correct? 8 A Correct. 9 Q And that was the beginning of August, that 10 time frame? 11 A I moved into the Stewart House in September. 12 Q September. After Mrs. Harner filed her 13 action against you, you moved into this Stewart House, is 14 that correct? 15 A Correct. 16 Q That's a structured environment where you 17 have to live by their rules an regulations, is that correct? 18 A Yes. 19 Q Part of that is that you have to take charge 20 and responsibility of your life, isn't that correct? 21 A Yes. 22 Q You must attend drug and alcohol counseling? 23 A No, I do not have to. 24 Q When you moved in there, you were given 25 rules and regulations to live by? 74 1 A Yes, we were given rules and regulations. 2 Q Do you have a copy of those rules and 3 regulations? 4 A Not on me, no, I do not. 5 Q You are not allowed to use drugs and alcohol 6 while you live there? 7 A That is correct. 8 Q You are going to counseling, I guess? 9 A Yes, I am. 10 Q As a result of Mrs. Harner's action, you got 11 into counseling on August 5th? 12 A That's not -- no, that's not the result of 13 her action. I had planned on going back to my counseling. I 14 had talked with my counselor and we had planned on it. 15 Q After the breakup in mid-July? 16 A Right. 17 Q After you kept Nicholas from his aunt, you 18 went and sought legal advice? 19 A Well, I got a PFA against his father. 20 Q Against his father? 21 A That was automatic. 22 Q Legal Services did this automatically for 23 you? 24 A No. Not automatically, no. I just talked 25 to the legal advisor, and it was just part of the process I 75 1 went through. 2 Q In this Stewart House, they prepare the 3 meals for you? 4 A They have one public -- they have one public 5 meal. Monday through Friday, it's dinner. Saturday I think 6 it's lunch. Sunday is another dinner. The rest of the meals 7 we -- we don't get to cook. We're not allowed to cook. 8 Q Okay. Right. 9 A But we have -- we're allowed to get the 10 sandwiches and stuff like that and the cereal and milk. 11 Q They provide you the meals, and then you 12 actually move them from the kitchen to the table to eat? 13 A Yes, that is correct. 14 Q The room you have, that's where your son 15 stays with you, in that room? 16 A Um-hum. 17 Q It's your intention that you will have your 18 daughter live there full time with you, also? 19 A Yes. 20 Q In the same room? 21 A Yes. 22 Q Then you go down the hall or to a different 23 part to use the bathroom facility? 24 A Yes. 25 Q So in the room you have there is no kitchen 76 1 facility, isn't that correct? 2 A That is correct. 3 Q There is no separate bedroom for your son, 4 isn't that correct? 5 A That is correct. 6 Q There is no separate bedroom for your 7 daughter to stay when she stays there overnight, isn't that 8 correct? 9 A That is correct. 10 Q And there is no bathroom facility? 11 A Not in the room. 12 Q Not in the room? 13 A No, not in the room. 14 Q And the lounge that you described is where 15 you socialize with the other residents there? 16 A And the kids can play. It's a playroom, 17 also. They have a room for the kids 12 and older, a game 18 room, that they can go. It's a quiet room. They can do 19 their homework in it. They can play games in it. It's 20 designed specifically for children 12 and older. 21 Q Is that where your son goes? 22 A My son is not allowed in that room, no. But 23 I also have toys in my room that he plays with, and he has 24 his bubble maker that he runs up and down the hallway. He 25 has a little car that he runs up and down the hallway with. 77 1 Ask anybody downstairs. They' ll tell you. 2 Q There's a lot of families living in this 3 facility? 4 A There are nine women that live in there. 5 Q Some with children, some without children? 6 A Most of them have children, yes. 7 Q When you went to rehab the first time, that 8 was in the October 2000 time frame? 9 A Yes. 10 Q Were you in there through Christmas into 11 January then? 12 A Yes. 13 Q At that point, you called Chuck and told him 14 that you wanted to leave there because you couldn't take 15 anymore, is that correct? 16 A Yeah, that is correct. 17 Q On the way back from that rehab facility, 18 you asked Chuck to get you drugs, isn't that true? 19 A No, I did not. 20 Q Shortly thereafter, you began using drugs 21 with Chuck? 22 A Yes. 23 Q I think you testified on direct the longest 24 you've been drug free has been four months? 25 A Yeah. That was part of the rehab. 78 1 Q That is when you were actually confined in a 2 rehabilitative center, is that correct? 3 A Yes, that is correct. 4 Q You're not allowed to have drugs at that 5 point? 6 A That's true. 7 Q They have intensive structured, I think, 8 lectures that you described? 9 A Yes. That was a 28-day program. I was 10 there for 101 days. 11 Q Is that when your son was born? 12 A No. 13 Q Your last son? 14 A The first one I went to -- the last -- 15 that's when Ja mie was born. 16 Q That was a 28-day program that you kept on 17 recycling thro ugh? 18 A Right. 19 Q So you finally completed that program after 20 four cycles? 21 A Well, I just stayed until the baby was born. 22 Q Because they provided you that structure for 23 that child? 24 A Yeah, and they felt that I still needed it. 25 I'm glad I stayed that long. 79 1 THE COURT: How long were you clean after 2 you got out? 3 THE WITNESS: About two, three weeks. I 4 didn't have the tools. 5 BY MR. GROGAN: 6 Q I guess the Stewart House is also providing 7 you life skills so you can live on your own? 8 A They are -- I give them 80 percent of my 9 money; and 30 percent of that goes to my savings, and the 10 other 50 percent of that goes to my back bills. So when I am 11 able to move out on my own, I'm not going to owe the electric 12 company any money, I'm not going to owe the phone bill any 13 money, and I'm not going to owe the. cable company any money. 14 I'm going in fresh. 15 Q And that's the goal, to give you a fresh 16 start next year? 17 A Without the help of assistance. 18 Q They provide you that structure so you can 19 live with your son in a safe environment? 20 A They provide the structure to help -- it's 21 transitional housing. 22 Q So there's a safe environment for you and 23 your son? 24 A Yes. 25 Q You continue to smoke? 80 1 A Yeah. 2 Q You don't smoke at the Stewart House because 3 they have a rule you're not allowed to smoke? 4 A Right. I have to smoke outside. 5 Q Even here on the recess, you wanted to go 6 out and have a cigarette, isn't that true? 7 A Yes. 8 Q Now, back in September of 2001 or the fall 9 of 2001, you and Chuck have a fight, isn't that correct, 10 where he goes. to jail? Excuse me. I'm sorry. In 2000, late 11 2000, Chuck and you have a fight, and you call the police and 12 he goes to jail? 13 A No, he didn't -- oh, wait. When was that, 14 fall? Yes. 15 Q October of 2000. 16 A Yes. 17 Q And you go to a preliminary hearing, 18 actually on the first floor of the courthouse here? 19 A Yes. 20 Q That's when you take the Fifth Amendment not 21 to incriminate yourself, isn't that true? 22 A Yes. 23 Q That's the fall of 2000? 24 A Yes. 25 Q Your son is about three months old at that 81 1 point? 2 A No. 3 Q Okay. 2001 is when you take the Fifth 4 Amendment? 5 A Yes. 6 Q All right. But at least at that point, now, 7 your son is living with Christie full time? 8 A No, he wasn't -- yes, he was. 9 Q Then you get thrown in jail in late 2000 -- 10 you get thrown in jail for the drug paraphernalia? 11 A For five days, yes. 12 Q That's when you go down to District Justice 13 Manlove's office, and that's where he sends you to rehab or 14 back to jail, is that correct? 15 A Correct. 16 Q Your sister Irene is there, also, isn't shed 17 A Yes. 18 Q That's when she tells you that you're too 19 consumed with your own drug addition, you can't take care of 20 your kids, isn't that true? 21 A Yes. 22 Q So you go to this rehab. After four cycles, 23 you complete the rehab and come back and continue to live 24 with Chuck in 2002? 25 A Yes. 82 1 Q At this point, you're comfortable with 2 Christie watching and taking care of your son, isn't that 3 true? 4 A I wanted him back. 5 Q You never went to her and asked for him to 6 come back? 7 A Not yet. We were living motel to motel. 8 Q You weren't ready? 9 A I wasn't ready for him at that time. 10 Q In July of 2002, you were still living in a 11 motel? 12 A Right. When we got in that fight, it just 13 clicked. Something just clicked in my head, and I said, this 14 is it. No more. It's my son. No one else is going to take 15 care of my children any longer. 16 Q Just to make sure I understand, you have 17 five children? You have given birth to five children, is 18 that correct? 19 A Yes. 20 Q One you gave up for adoption? 21 MS. CAREY: This was asked and answered. 22 THE COURT: Sustained. 23 BY MR. GROGAN: 24 Q After July 15th, you would not allow 25 Christie or Chuck to see Nicholas, isn't that true? 83 1 A I didn't allow Chuck to see Nicholas because 2 of the way he is. 3 Q You have not allowed Chuck to see Nicholas 4 at all? 5 A No. I have a PFA against him. 6 Q That's for you, not for Nicholas? 7 A That's for Nicholas. I: have a PFA for 8 myself and for Nicholas against his father. I do not trust 9 him around his father. 10 Q You did not allow Christie to see Nicholas 11 until -- 12 A I didn't -- 13 Q Ma'am, will you please let me finish the 14 question. You did not allow Christie Harner to see Nicholas 15 until Judge Guido ordered some type of contact? 16 A I never kept Nick away from her. I was in a 17 domestic violence shelter because of her brother. I did not 18 know what to do. I had my son. I didn't -- I wanted some 19 time away. I just wanted him just to be by himself for a 20 little bit, without this family and that family. 21 Q I'm going to show you a copy of the PFA that 22 was initiated on behalf of you by Legal Services. In the 23 caption, does it identify Nick as a Plaintiff or does it 24 identify you as the only Plaintiff? 25 A It identifies me as the Plaintiff. 84 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 Q So the PFA is for you, not for Nick? A Right. Q Right now, while you're in the Stewart House, you only see Roxanne on a biweekly or every three-week basis? A are plans -- questions. Yes, that is correct, for right now. There MR. GROGAN: Thank you. I have no other REDIRECT EXAMINATION BY MS. CAREY: Q I have a question about the PFA. So the protection from abuse order, while the baby was not a protected person in it, he did have -- you did have supervised contact with the father as part of the PFA, correct? A The original PFA? Q Or no contact, excuse me, no contact with the child? A He was to have no contact with his minor child. Q . And the reason that you asked for that relief, no contact with the minor child, was why? A Because when Chuck assaulted me, I had Nick in my arms, and he didn't care. 85 1 Q So you were concerned for your son? 2 A Yes. 3 Q At this point, the temporary order still 4 says that he has supervised -- or no contact? 5 A No contact. As far as I know, he's to have 6 no contact with Nicholas at all. 7 Q You want him to have some counseling and 8 some treatment before there would be unsupervised contact? 9 A Yes, that is correct. 10 Q You wish the supervision to be in a 11 facility? 12 A Yes. 13 Q After there's a completion of the drug and 14 alcohol, then you would rethink that? 15 A Yes. 16 Q In terms of yourself now, you said something 17 clicked. Are you different in this position right now where 18 you are, are you different from other times when you've 19 completed rehab and gone back to drugs? 20 A Yeah, I am. 21 Q What difference do you see? 22 A Last time I got out of rehab I didn't -- 23 like I told you, I didn't apply the tools. This time I have 24 a sponsor. I have a fellowship. I have friends in AA. I 25 enjoy my meetings. I really like going there and listening. 86 1 It helps me a lot. I just -- I like my life today. I like 2 not having to wake up and say, oh, God, I just spent all my 3 money. I have no food. I don't want to do that anymore. 4 I'm just - - I'm happier and healthier. I mean, just look. I 5 don't have bags under my eyes any longer. I just -- I feel 6 wonderful. I mean -- 7 Q In terms of your control of yourself, 8 Mr. Grogan said you wanted to go out for a cigarette at 9 recess. Did you? 10 A No, I did not go out for a cigarette at 11 recess. 12 THE COURT: We're going to break for lunch 13 now. The parents, who have voluntarily agreed to submit to a 14 urine screening, can do that . We're going to reconvene at 15 1:00. Court is adjourned. 16 (A luncheon recess was taken.) 17 THE COURT: Do I understand we all agree 18 that the drug tests for coca ine were negative on each party? 19 MR. GROGAN: That's what I understand, yes. 20 MS. CAREY: I know it was negative to her. 21 MR. GROGAN: The Court has indicated that 22 it's negative. 23 THE COURT: That's what I have been told. 24 MS. CAREY: That's fine. I understand that 25 you have been told that. I certainly will take your word, 87 1 Your Honor. I was redirecting her. 2 REDIRECT EXAMINATION (Cont'd.) 3 BY MS. CAREY: 4 Q There was testimony that you did not feed 5 Nicholas when he was in your care either before you had him 6 returned to your custody in July or maybe even at other 7 times. Did you provide for your child, for his food? 8 A Yeah, I fed him. He was fed. 9 Q When you had him in custody from birth up 10 until October? 11 A Yes. He was always fed, yes. 12 Q When Christie was coming to pick him up to 13 baby-sit for him or to have a weekend with him, was he fed 14 when he went to her? 15 A Yeah. Well, a lot of times -- one time it 16 was -- you know, he didn't get a chance to eat yet, because I 17 hadn't had a chance to feed him yet before she picked him up. 18 Q That was one time? 19 A Yes. 20 Q She said she would feed him? 21 A Yes. He was always -- yes, he was fed. 22 Q Did your family help you to take care of him 23 or was it just Christie? 24 A My mother helped. My mother bought sheets 25 and clothes, and my sister Irene bought a whole bunch of 88 1 clothes for him when he was born. 2 THE COURT: Where do your mother and sister 3 live? 4 THE WITNESS: My mother lives in New Cumberland 5 and my sister lives in Dover. 6 BY MS. CAREY: 7 Q Dover, Pennsylvania? 8 A Yes. 9 Q So your family helped you with some of the 10 needs of the child. And you were working, too, at times, is 11 that correct? 12 A Yes. 13 Q Were you receiving cash assistance? 14 A Not at that time, no. 15 Q But you had medical assistance? 16 A I had medical, yes. 17 Q Did you get food stamps? 18 A No. I just had the medical card. 19 Q If you ran out of money at any particular 20 time, did you have access to a food bank? 21 A Yes. I went to the food bank once a month. 22 Q Was Chuck paying toward the food in the 23 house? 24 A No, he was not. 25 Q So who -- 89 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 A Because after I lost my job, I went to the food bank. Q So Chuck never provided for the food? A No. I always had the food. Q Did you file for child support? A Yes, I did. Q Has he ever paid support? A No, he has not. Q When did you file? A August 20th. That was our conference. Q How much is he supposed to pay? A Fifty-five a week. Q You have gotten nothing since August? A No. I'm supposed to get -- I haven't gotten anything. Q present time? So you're getting cash assistance at this A Yes, and I work, also. Q How much cash assistance are you getting? A They're going to take it down to $18.00 every two weeks because I have a job. Q So if you were getting support, then you wouldn't have to be on it at all? A Probably not. Q Did you have any concerns about Chuck, when 90 1 you were living with him, taking care of the baby? 2 A Yeah. He didn't know much about taking care 3 of babies, and the night -- like before our fight, he hadn't 4 bathed Nick for two nights. It was like it was okay to play 5 with him, but -- I mean, the first time he ever put a diaper 6 on him, he put it on backwards. He didn't even know how to 7 change a child's diaper. 8 Q There was violence in front of the child, 9 you did testify to, the one time? 10 A Yes. 11 Q Did that happen at other times? 12 A Yes. 13 Q Is that part of the reason why you gave the 14 child to Christie temporarily? 15 A Yes. 16 THE COURT: Can we go to things we haven't 17 covered before. I would like to hear new things. 18 MS. CAREY: I think that was all for 19 redirect, Your Honor. 20 THE COURT: Any recross, Mr. Cutler? 21 MR. CUTLER: Yes. 22 RECROSS-EXAMINATION 23 BY MR. CUTLER: 24 Q Diane, you said you fed the child during the 25 times that you had custody? 91 1 A Right. 2 Q But isn't it true that Christie is the one 3 who actually provided the food or bought the food? 4 A Well, she would bring nuggets for him, 5 because that's what he liked to eat. Then like with milk, I 6 would ask if she would pick up a half gallon of milk and I'd 7 pay her when she came. When I asked her if she wanted money, 8 she said, no, don't worry about it. It's not like she 9 brought him food every day. She would bring nuggets if he 10 wanted nuggets. 11 Q Your testimony is that you bought this food 12 with your own money? 13 A I got it from the food bank. 14 Q I'm not familiar with the food bank, but you 15 don't have to pay anything for that food then? 16 A No. 17 Q Now, prior to this fight that you had on 18 July 14th, you said that Nick hadn't been bathed for two 19 days, is that right? 20 A Yeah. 21 Q You were with Charles during those two days? 22 A I was working. He was -- during the day, he 23 was at the daycare. At nighttime, they dropped Nick off, and 24 I was working. So when I got home, Nick was already asleep. 25 I'd be like, you didn't bathe him? And he said, no, he fell 92 1 asleep. So he wasn't bathed for two days. 2 Q When was Nick taken to the daycare center in 3 the morning? 4 A Early in the morning, like 8:00 or so, 7:30, 5 8:00. 6 Q Who would take Nick? 7 A Kylie would pick him up, because Kylie 8 worked at the daycare. 9 Q What time would Nick get up in the morning? 10 A We had to wake him up. Sometimes he didn't 11 get up until like 7:00, 8:00. He's a sleeper. 12 Q So if you knew that Nick needed a bath, did 13 it ever occur to you to bathe him in the morning before he 14 went to daycare? 15 A No. Well, I figured, I was working. Why 16 couldn't his father bathe him at night when I was at work. 17 MR. CUTLER: That's all I have on recross, 18 Your Honor. 19 THE COURT: Any recross, Mr. Grogan? 20 BY MR. GROGAN: 21 Q I want to make sure I understand. This 22 period in July of 2002, Chuck is working every day as a 23 painter, isn't that correct? 24 A Yes, that's correct. 25 Q You're home -- or you're at the hotel every 93 I day during the day? 2 A Yes. 3 Q And you are taking your son to daycare? 4 A No. Kylie picked him up about 7:30, 8:00 in 5 the morning. 6 Q Okay. Kylie picked up Nick and took -- 7 A Yes. And he'd be gone all day long, until 8 like 4:00 or 5:00 at night, and then I'd go to work. 9 Q So you're at the hotel during the day 10 without Nick being there? 11 A Yeah, right. 12 Q So you'd go to work for about three, four 13 hoursa night? 14 A No. It was -- when it was Tuesday night, I 15 would work -- well, I only worked three to four hours. 16 Monday night I worked till late. Then Tuesday I only worked 17 a couple of hours, because if I was over my 40 hours that 18 week, I couldn't -- I had to clock out. 19 Q You indicated that you were holding Nick 20 when Chuck pulled you back in mid-July by the shirt? 21 A Yes. 22 Q But isn't it true that in May of 2002, when 23 Chuck was holding Nick, you actually had struck Nick 24 accidentally when you were fighting with Chuck? 25 A I do not recall that. 94 1 Q So it's not that it did not happen, but 2 you're saying you don't recall? 3 A I do not remember that, no, I do not. 4 Q That's because you were high on drugs? 5 A Probably, yes. 6 Q Now, you indicated that you do not receive 7 food stamps, but isn't it true -- 8 A No. I get food stamps now. I didn't at 9 that time. 10 Q When you were in Shippensburg living with 11 Rhonda, you were being investigated for fraud, food stamp 12 fraud, isn't that correct? 13 A Yeah, they did investigate me. 14 Q You also indicated that Chuck is not paying 15 support? 16 A Right. 17 Q That's not correct, is it? He's paying 18 support, but because of the welfare laws his support 19 obligation is going to pay the welfare? 20 A No. I should get a pass-through. The last 21 I contacted my caseworker, there was nothing received by the 22 assistance office from him, and I'd get a pass-through. I'd 23 get a little bit of that money for Nick. 24 Q You went to a support hearing, and he has a 25 wage attachment lodged against him, isn't that correct? 95 1 A Yes. 2 MR. GROGAN: No other questions. 3 THE COURT: Thank you, ma'am. You may step 4 down. Oh, before you step down, I do have a question. 5 BY THE COURT: 6 Q You work now at the cigarette outlet? 7 A Yes. 8 Q What hours do you work? 9 A I work -- Saturday I go in at 1:00 and I 10 work till 7:00. Sunday I work from 6:00 a.m. until about 11 3:00. I'm trying to pick up a couple of more hours during 12 the week. Those are my only days. 13 Q And those are set hours? 14 A Yes. 15 Q If you pick up additional days, how far 16 ahead do you know your schedule? 17 A Two weeks. I'm going to -- I have asked the 18 manager if I could get a set schedule, and she said it was 19 all right to.have a set schedule. 20 Q And your counseling is on set days, then, 21 too? 22 A Right. I'm working around everything. 23 Q Now, the counseling, that's in the evenings 24 or that's every day? 25 A That's during the evening. 96 1 Q Is that before or after Nicholas goes to 2 bed? 3 A That's before Nicholas goes to bed. My 4 counseling goes from about 6:00 p.m. until about 8:30, 9:00. 5 Those survivor skills are on Tuesdays and Thursdays. 6 THE COURT: Any follow--up on what I've just 7 asked? 8 MS. CAREY: Yes. 9 REDIRECT EXAMINATION 10 BY MS. CAREY: 11 Q Those counseling sessions are going to be 12 stopping after two weeks or three weeks, right? 13 A My outpatient should be stopping in about 14 six weeks. 15 Q Six weeks, okay. 16 A Then I go to individual therapy alone like 17 every week. Then the survival skills, I think I have like 18 three and a half, maybe four weeks left of them. 19 Q So when those things phase out, then you 20 will have your AA or NA meetings three times a week? 21 A Right. 22 Q And your work? 23 A Right, that's correct. 24 THE COURT: Any follow-up on those? 25 (No response.) 97 1 THE COURT: Thank you. You may step down. 2 (The testimony of Diane F. Witman was 3 concluded.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 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. 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. /3/63 Date 99 Edward E. Guido, J. V1,NVORSW43d toy; :b R"J 9- -4 CHRISTIE HARMER, Plaintiff/Respondent V. DIANE F. WITMAN and, CHARLES W. DELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2002-3577 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER AND NOW comes Petitioner, Diane F. Witman, by and through her attorneys, the Family Law Clinic, and respectfully submits this Petition for Modification of a Custody Order, and in support thereof avers the following: The petition of Diane F. Witman, by her attorneys, the Family Law Clinic, respectfully represents that on October 21, 2002, an Order of Court was entered for custody of Nicholas Dell, born July 31, 2000, a true and correct copy of which is attached. Under the existing Order, Mother and Paternal aunt share legal custody of the child. Mother has primary physical custody of the child. The Aunt has partial physical custody of the child from Sunday morning until Tuesday evenings at 6:00 p.m. Father is permitted supervised visitation with the child. 2. This Order should be modified because: a. The Order was originally entered because Mother was addicted to cocaine. To date, Mother has not used cocaine for over eighteen months. b. Under the existing order, Mother retains primary physical custody of the child as long as she resides in the Stewart House. Under the order, if Mother moves from the Stewart House without prior a Order of the Court, sole legal custody and primary physical custody revert to the Aunt. C. Mother desires to move out of the Stewart House and has established alternate living arrangements. d. Mother has had primary physical custody of Nicholas since July of 2002. e. Mother is willing to permit the child's Aunt to continue seeing Nicholas at times that are mutually agreeable to the parties. £ It is in the best interest of the child for Mother to retain primary physical custody and have the ability to decide where to live without having custody of Nicholas revert to his aunt. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody, by limiting aunt's partial custody to times agreed to by the parties and to allow Mother to leave the Stewart House. Date: G19?a 04 ggn24ytn r'1 7?dscto,? Carolyn M. Fenton Certified Legal Intern % ?wk9?L Thomas . PVce Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. i Date: o (e O ??i ?? U? 7Q lc Diane F. Witman CHRISTIE HARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANE F. WITMAN and NO. 2002-3577 CIVIL TERM CHARLES W. DELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 21st day of` October, 2002, after hearing, we are satisfied that Mother and Father are crack cocaine addicts. We believe that Mother has been drug free for 90 days, which is her longest period of sobriety outside of a rehab facility in many years. We do not believe the Father when he says that he is no longer using cocaine. While we believe Mothers desire to be sober is sincere, at least for now, her sobriety is fragile at best. For that reason, we are referring this matter to Children and Youth Services to put appropriate services into place for this family if they will do so on a voluntary basis. If not, the agency should refer this matter to the Court to determine if a declaration of dependency is appropriate. We are prepared to enter the following Order which we believe to be in the best interests of the Child: 1. The paternal aunt, Christie Harner, and the Mother, Diane F. Witman, shall have joint legal custody of the Child. 2. Mother, Diane F. Witman, shall have primary physical custody of the Child so long as she resides in the Stewart House. If Mother should cease to reside in the Stewart House without prior Order of this Court, sole legal custody and primary physical custody shall revert to the aunt, Christie Harner. 3. The paternal aunt, Christie Harner, shall be entitled to periods of partial physical custody every Sunday from the time the Child wakes up until Tuesday at 6:00 p.m. 4. The Mother shall discuss her schedule for the upcoming week with the paternal aunt, Christie Harner, each and every Sunday. Mother shall offer to allow the paternal aunt to baby-sit for the Child for any events, which shall include counseling, work, or anything else that the Mother has scheduled for the upcoming week. 5. The Father may visit with the Child in the presence of the Plaintiff, Christie Harner. Said visitation must be supervised until further Order of Court. Father is not to be alone with the Child until we are satisfied that he has undergone appropriate drug and alcohol evaluations and counseling. Gregory L. Cutler, Esquire Attorney for Plaintiff Joan Carey, Esquire Mid-Penn Legal Services, Inc. Attorney for Defendant Diane F. Witman Austin F. Grogan, Esquire Attorney for Defendant Charles W. Dell CCC&YS ( RUE COPY srs in T y where _4nd =_"W of gat! ROM RECORD I oeere unto set M hanO 1 ? ' CJ -S'i l? «? ? `v . ? ??. ? ?.. _ ? ?? P-. i_, _ ? ??? ? ?J- ?' ?? 3f ? C7 ?_ C:_ ;7V-rt (._ G _a a .??{ CHRISTIE HARNER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent OF CUMBERLAND, COUNTY PENNSYLVANIA V. DIANE F. WITMAN and, CIVIL ACTION -LAW CHARLES W. DELL, NO. 2002-3577 CIVIL TERM Defendant/Petitioner IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Diane F. Witman, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date O3Za9lo y Carolyn M. Fenton Certified Legal Intern THO PLACE r 7 ANNE AC13ONAL - LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 N 0 1 e,'1 a ?- O to (a ma c:: cT ca m CHRISTIE HARNER PLAINTIFF V, DIANE F. WITMAN AND CHARLES W. DELL IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 02-3577 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeoI ueline M. Verney, Esq• , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 29, 2004 _ at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 . isi Jacqueline-M. Verney, Esq. mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required bylaw 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 f? ?? ?. ¢ CHRISTIE HARNER, Plaintiff/Respondent V. DIANE F. WITMAN and, CHARLES W. DELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3577 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Carolyn M. Fenton, hereby certify that on the 9`h day of'April, 2004, I served a true and correct copy of the Order of Court scheduling a Conciliation Conference for April 29, 2004 before Jacqueline M. Verney, Esquire on Christie Harper and Charles W. Dell via first class mail, postage prepaid, to I I Hilltop Circle, Carlisle, PA 17013. O'?F/1aT /01+ nacd n 7 ."try Date Carolyn M. Fenton Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 t'? hj ?' c-? 1 _.?I S''' '7 'r f: ? _? . t [I : T- _ f'?3 [ } ? ? T ='a! 1 -1? . -. ?}C' ?=? m ? =; < a> CHRISTIE HARNER, Plaintiff/Respondent V. DIANE F. WITMAN and, CHARLES W. DELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3577 CIVIL TERM IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of The Family Law Clinic on behalf of Diane F. Witman, the Defendant/Petitioner in the above captioned matter. Date: (h61QXQq cangc4p- /n ?' Carolyn M. Fenton Certified Legal Intern lu?zMzW'e- - Thoma . Place Lucy Jo ston-Walsh Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 9-0 N W < s F O CHRISTIE HARNER, Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY PENNSYLVANIA CIVIL ACTION - LAW DIANE F. WITMAN and, CHARLES W. DELL, NO. 2002-3577 CIVIL TERM Defendant/Petitioner IN CUSTODY PRAECIPE TO WITHDRAW: To the Prothonotary: Please note that, pursuant to Pa. R.C. P. 1012, MidPenn Legal Services hereby withdraws its appearance as attorney for Diane F. Witman, the matter. Date: f P1 Date: ' 3 - CA in the above captioned Jessio6 Diamondstone, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 b co CHRISTIE HARNER, : IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION DIANE F. WITMAN AND CHARLES : NO. 02-3577 DELL, Defendants : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the Plaintiff in the above captioned matter. Date: tj I29,bV PRAECIPE TO ENTER APPEARANCE Prothonotary of Cumberland County: ORR Please enter my appearance pro se in the above captioned matter. Respectfully Submitted, Date: I/? q By: f 1vk -- Christie Harner, pro se Plaintiff For Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 (? C N O ?' i r fl Ss 3 119 4 -"- $ O X Ate N MAY U 3 2004 CHRISTIE HARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-3577 CIVIL TERM DIANE F. WITMAN and, : CIVIL ACTION - LAW CHARLES W. DELL, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this 7 A day of , 2004, upon consideration of the attached Custody Conciliatio.t is ordered and directed as follows: The prior Order of Court dated October 21, 2002 is hereby vacated. 2. Mother, Diane F. Witman, shall have sole legal custody of Nicholas Dell, born July 31, 2000. 3. Mother, Diane F. Witman, shall have primary physical custody of the Child. 4. Aunt, Christie Hamer, shall have periods of partial physical custody as follows: A. The third Sunday of every month at 9:45 a.m. to Tuesday at 4:00 p.m. Mother shall drop off the Child to Aunt on Sunday and the Tuesday pick up shall be as agreed by the parties. B. One week in the summer with thirty (30) days prior notice. C. A 24 hour period during the Christmas holiday, defined as anytime between December 23 to January 1. D. Easter in even numbered years. E. Such other times as the parties agree. 5. Father shall have supervised visitation as agreed at the Carlisle YWCA. 6. This Order is entered pursuant to an agreement of the parties present at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C J. cc: Carolyn M. Fenton, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law Clinic, Counsel for Mother Christie Hamer, (Aunt) pro se 11 Hilltop Circle Carlisle, PA 17013 65- aY Charles W. Dell, (Father) C/O Christie Hamer 11 Hilltop Circle Carlisle, PA 17013 t?sl 1l1??: ?I?' ZO :i 4;d S-OAMOZ AiNIC,;N(OALOW 3H1-40 CHRISTIE HARNER, Plaintiff V. DIANE F. WITMAN and CHARLES W. DELL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2002-3577 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas Dell July 31, 2000 Mother 2. A Conciliation Conference was held in this matter on April 29, 2004 with the following individuals in attendance: Mother, Diane F. NVitman, with her counsel, Carolyn M. Fenton, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic, and Aunt, Christie Harper, pro se. Father, Charles W. Dell, although being served with notice of the conference did not appear. 3. The Honorable Edward E. Guido entered a prior Order of Court dated October 21, 2002, providing for shared legal custody by Mother and Aunt, with Mother having primary physical custody provided she reside at the Stuart House. Aunt was granted partial physical custody every Sunday to Tuesday. Father was granted supervised visitation. 4. Mother and Aunt agreed to the entry of an Order in the form as attached. i q-36 -() ? /4 - Date J' que e M. Verney, Esquire Custody Conciliator CHRISTIE HARNER, Plaintiff VS. DIANE F. WITMAN and CHARLES W. DELL, Defendants IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3577 CIVIL TERM : CHILD CUSTODY PETITION FOR MODIFICATION OF CUSTODY BY MUTUAL CONSENT OF THE PARTIES AND NOW, this 4th day of November, 2009 comes Plaintiff, by her attorney, Joseph D. Buckley, Esquire and Defendants, pro se, and bring this petition based on the following: 1. The petitioner/plaintiff, Christie Hamer (nee Dell), resides at 11 Hilltop Circle (South Middleton Township), Carlisle, Cumberland County, Pennsylvania 17015. 2. The respondents/defendants, Diane F. Witman and Charles W. Dell reside together with Charles W. Dell's mother at 207 Abolition Street, West Fairview, PA 17025. 3. Defendants are the biological parents of a son, Nicholas Dell, born July 31, 2000. 4. The child, Nicholas Dell, current resides with his aunt, the petitioner/plaintiff at 11 Hilltop Circle (South Middleton Township), Carlisle, Cumberland County, Pennsylvania 17015 and attends school in the South Middleton School district. 5. The current custody order of the Honorable Edward E. Guido is attached as Exhibit "A". 6. Since August 2009 the Defendants have voluntarily granted custody to petitioner/plaintiff and the child has resided with his aunt. 7. The child has his own room and the family life provided by petitioner/plaintiff and her husband is a loving caring environment. 8. The parties have signed a mutual consent agreement (attached as Exhibit "B") changing custody for the child and desire the Court enter an Order confirming the same. WHEREFORE, Plaintiff and Defendants request this Honorable Court enter an Order confirming their agreed upon change in custody for the child Nicholas Dell. d?D. lffuMe?/, Esquire Attorney for Plaintiff Supreme Court I.D.# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 EXHIBIT 66 A 99 MAY U 3 2004 ? C CHRISTIE HARMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-3577 CIVIL TERM DIANE F. WITMAN and, : CIVIL ACTION - LAW CHARLES W. DELL, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this day of ( , 2004, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The prior Order of Court dated October 21, 2002 is hereby vacated. 2. Mother, Diane F. Witman, shall have sole legal custody of Nicholas Dell, born July 31, 2000. 3. Mother, Diane F. Witman, shall have primary physical custody of the Child. 4. Aunt, Christie Harper, shall have periods of partial physical custody as follows: A. The third Sunday of every month at 9:45 a.m. to Tuesday at 4:00 p.m. Mother shall drop off the Child to Aunt on Sunday and the Tuesday pick up shall be as agreed by the parties. B. One week in the summer with thirty (30) days prior notice. C. A 24 hour period during the Christmas holiday, defined as anytime between December 23 to January 1. D. Easter in even numbered years. E. Such other times as the parties agree. Father shall have supervised visitation as agreed at the Carlisle YWCA. 6. This Order is entered pursuant to an agreement of the parties present at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C , J. cc: Carolyn M. Fenton, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law Clinic, Counsel for Mother Christie Hamer, (Aunt) pro se 11 Hilltop Circle Carlisle, PA 17013 Charles W. Dell, (Father) ,Csaue ?? 5 - d 5 ?`? C/O Christie Hamer n 11 Hilltop Circle `-?-' Carlisle, PA 17013 EXHIBIT 66B99 CHRISTIE HARNER, Plaintiff vs. DIANE F. WITMAN and CHARLES W. DELL, Defendants IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO, 2002-3577 CIVIL TERM CHILD CUSTODY AGREEMENT OF MUTUAL CONSENT TO CHANGE IN CUSTODY THIS AGREEMENT made this 4"' day of November, 2009, by and between Chritie Harper of 11 Hilltop Circle Carlisle, Cumberland County, PA 17015 (hereinafter called "Aunt" and Diane F. Witman and Charles W. Dell of 207 Abolition Street, West Fairview, PA 17025 (hereinafter respectively called "Mother" and "Father" as follows: WHEREAS, mother and father are the biological parents of Nicholas M. Dell, born July 31, 2000(hereinafter called "Nicholas"; and WHEREAS, mother and father are currently residing together but do not believe they can adequately care for Nicholas; and WHEREAS, Nicholas has lived with Aunt during his childhood and currently resides with Aunt and attends the South Middleton Township school district; and WHEREAS, the custody of Nicholas is subject to an Order of the Honorable Edward E. Guido dated May 5, 2004 and aunt, mother and father are as well subject to the Order; and WHEREAS, the May 5, 2004 Order of Judge Guido provides that "the parties may modify the provisions of this Order by mutual consent, THEREFORE, the parties based on mutual consent and based on the best interest of the Child Nicholas M. Dell born July 31, 2000 agree to Modify the Order of Court dated May 5, 2004 as follows: 1. The parties shall as soon as possible request that the Order of Court dated May 5, 2004 be vacated. 2. The parties agree that Aunt, Christie Harper, shall have primary physical custody of the Nicholas Dell, born July 31, 2000, and he shall attend school in the school district of Aunt's residence. 3. The parties agree that Mother, Diane F. Witman, shall have partial physical custody as agreed upon between herself and Aunt, but no less than as follows: D. Every third weekend from Friday evening at 4:00 PM until the following Sunday at 4:OOPM. E. Two weeks during the summer with a ten (10) day prior notice. F. Christmas Day from 12:00 noon until 6:00 PM and any additional two days during Christmas holiday defined as December 25 - January 1. 4. The parties agree that Father, Charles W. Dell, shall have partial physical custody as agreed upon between himself and Aunt. 5. The parties agree that they shall request any new Order of Court may be modified by mutual consent; however, in the absence of mutual consent, the terms of the new Order shall control. The parties acknowledge that this agreement was prepared by Joseph D. Buckley, Esquire who represents Aunt, Christie Hamer, and that all parties were given the opportunity to have the agreement reviewed by an attorney of his or her choosing prior to signing the same. Agreeing to bound hereby, the parties sign this agreement the first date written above. Z2 CHRISTIE HA ER DIANE F. WITMAN CHARLES W. DELL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss On this the 4 day of November, 2009, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, personally appeared CHRISTIE HARNER, known to me, or satisfactorily proven to be the person whose name is subscribed to the above agreement, and acknowledged that she had the opportunity to have the document reviewed by an attorney of her choosing prior to signing the same and that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL KANN KAY 9UCKM ETON 1MIP WWRLAND CNTY Jun 23, 2013 A Au - Notary Publi COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this the ! day of November, 2009, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, personally appeared DIANE F. WITMAN known to me, or satisfactorily proven to be the person whose name is subscribed to the above agreement, and acknowledged that she had the opportunity to have the document reviewed by an attorney of her choosing prior to signing the same and that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL KAREN KAY BUCKLEY Notary Public MIDDLETON TWP, CUMBERLAND CNTY My ConMahfion Explin Jun 23, 2013 4Nto ?ary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this the q N- day of November, 2009, before me, a Notary Public in and for the County of Cumberland, Commonwealth of Pennsylvania, personally appeared CHARLES W. DELL, known to me, or satisfactorily proven to be the person whose name is subscribed to the above agreement, and acknowledged that he had the opportunity to have the document reviewed by an attorney of his choosing prior to signing the same and that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL KAREN KAY BUCKLEY Notary Public AMDDLETON TWP, CUMBERLAND CNTY MA Conaaltdon Expires Jun 23, 2013 ?ivGY/? Notary ?Pu-bfi7 VERIFICATION I, Christie Harner, verify that I have read the foregoing Petition for Modification of Custody and the statements made therein are true and correct to the best of my knowledge and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. C? dv?&- CHRISTIE Date:1?! HARNER VERIFICATION I, DIANE F. WITMAN, verify that I have read the foregoing Petition for Modification of Custody and the statements made therein are true and correct to the best of my knowledge and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date:)) - y_ c3 DIANE F. WITMAN VERIFICATION I, CHARLES W. DELL, verify that I have read the foregoing Petition for Modification of Custody and the statements made therein are true and correct to the best of my knowledge and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date: CHARLES W. DELL FILED OriG ;CF OF THE P- ,ti,,TAF?Y 2009 NOY -5 Phi 2: 4 c U. NOV 0 9 2009 CHRISTIE HARNER, : IN THE COURT OF COMMON PLEASE OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIANE F. WITMAN and NO. 2002-3577 CIVIL TERM CHARLES W. DELL, Defendants : CHILD CUSTODY ORDER OF COURT AND NOW, this 0 day of osr4? , 2009 upon consideration of the attached Petition to Modify Custody and the Agreement of the parties, it is hereby ordered and directed as follows: 1. The Order of Court dated May 5, 2004 is hereby vacated. 2. Aunt, Christie Harrier, shall have primary physical custody of the Nicholas Dell, born July 31, 2000, and he shall attend school in the school district of Aunt's residence. 3. Mother, Diane F. Witman, shall have partial physical custody as agreed upon between herself and Aunt, but no less than as follows: A. Every third weekend from Friday evening at 4:00 PM until the following Sunday at 4:OOPM. B. Two weeks during the summer with a ten (10) day prior notice. C. Christmas Day from 12:00 noon until 6:00 PM and any additional two days during Christmas holiday defined as December 25 - January 1. 4. Father, Charles W. Dell, shall have partial physical custody as agreed upon between himself and Aunt. 5. The parties may modify the terms of this Order by mutual consent; however, in the absence of mutual consent, the terms of this Order shall control. J. ( I All Luu ???i?l? - ?.` DES • <LC A4Y J. 1A e kIsy c. FJ _0 . w4 nl-aj