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Home My WebLink About96-03246 ., ~ ~ ~ i ~l .::I " o t9 .. " "- ", ) ,~ r 'IF, ~ oIP/ 6/ Iv IJ L JOSEPH M. ROBERTO, Plaintiff . . IN THE COURT Of' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. I I I I I CIVIL- NO. 96-5893 gRI/lIllAL TERM SHAWN R. ROBERTO, Defendant BONNIE L. GOUDY and DAVID GOUDY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I I I I I I CIVIL ACTION - LAW SHAWN ROBERTO and JOSEPH ROBERTO, Defendants . . NO. 96-3246 CIVIL TERM AND NOW, this I ORDER OF COURT 2~ r7tay of October, 1996, upon consideration of the custody Complaint filed at No. 96-5893 Civil Term, and of the Complaint for Custody filed at No. 96-3246 Civil Term, and it appearing that the same children are involved in both cases, and upon consideration of the consent agreement between the parents filed at No, 96-5893 civil Term, and it appearing that a hearing has been scheduled at No. 96-3246 Civil Term, involving parties in addition to the parents, the above actions are consolidated at No. 96-5893 civil Term, and the hearing already scheduled for November 25, 1996, at 9:00 a.m. at No. 96-3246 Civil Term is expanded to include the issue of whether an order should be entered pursuant to the consent agreement of the parents I provided, that the hearing will be cancelled and the consent agreement approved without :i' FH,ED-QFP.CE Cc -, ..' ",oj" ',-' "'T'r!J " I," t' ,.' J:'.I} f', II ,'I,' ~ . ~ II II i ! 95 OCT ~<J I';\~: 00 CLJ;~';,~ .1 \,..' . ....' l_,;~ ~~'': 1\ P.:N;~;;,{0:N~A BONNIE L. GOUDY and DAVID GOUDY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I I I NO. 96-3246 CIVIL TERM v. CIVIL ACTION - LAW SHAWN ROBERTO and JOSEPH ROBERTO, Defendants ORDER OF COURT AND NOW, this ID~ day of June, 1996, upon consideration of the within Petition for Special and Immediate Relief for Emergency Custody, it is ORDERED that temporary physical custody of the minor children, Michael and Alyssa Roberto, born February 3, 1987 and December 14, 1989, respectively, shall be awarded to the Plaintiffs, Bonnie L. Goudy and David Goudy, maternal grandparents, until further order of court. A HEARING on this Petition previously scheduled for June 11, 1996, is RESCHEDULED to Thursday, June 20, 1996, at 8:30 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J ". John M. Shugars, Esq. 2459 Walnut Street Harrisburg, PA 17103 Attorney for Plaintiffs Shawn Roberto and J Joseph Roberto 302 Erford Road Camp Hill, PA 17011 , Defendants Pro Se ' ~. (G ('if, ? I ttJI-H l! ~Mv.t(c C ' (0- r'ft: /(,..~; I',' ~L. " Salvatore and Margaret Roberto 302 Erford Road Camp Hill, PA 17011 Paternal Grandparent. Iro ~," i'll ::. \.~) I, f !; ( ,';' r I ji , r'; , ,l'~:; ,t~..f '-JUN 0'7190ScJ... ,- .. ._~~'...... " ' ; , .1~. t, . ~ \ .. , ' . , , " l. . :/;l;. , .' , , . . JJI ,- (", fj. , ")'.-/,,1 ., L ~.' , " " . , '. ;~. , , , ,I" ' . 'I',. I..' " i"'," "')I''; ,:' . .....~" ...... '" "I. '0 /' " . J.. , . 'I"" , ~, I.' 'I , ~\..;:) , } '. , It,' . t ~ ~ .' 'l' 11 "JjP' " '.,' ., '~ .. ~ ~ . II -j~~~. .,. . .. f ,l ~ ~ , -1 . . 1 .t "',, ' " ,. .. .' ~ '# -.' , . , , . , . "; , 'I , . i . ~ i I, ! ! ! I . j I , I ! a I \ I j ~. I ,., ~~~ I, '. n I " ~ t, .::' \! " ),' \ J"; f , I , ' r' ~ . i J : r f' , ,- :f-;.~:~'b{:. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA BONNIE L, GOUDY, and DA VID GOUDY, : NO, PlllntllT. v., : CIVIL ACTION. LAW SHAWN ROBERTO Ind JOSEPH ROBERTO, Defendlnt. : CUSTODY PETITION FOR SPECIAL AND IMMED~ATE REUEF FOR EMERGENCY CIJSTO _ y PURSUANT TO PA. R. C, P. Rlir:E I 91!'l.I 3 AND NOW, this 7th day of June, 1996, come the above-named Plaintiffs, by their attorney, John M, Shugars. Esquire, who respectfully request the following: I, Your Petitioners, BOMie L, Goudy and David Goudy, her husband, are adult individuals who currently reside at R,D, #2, BOll 2318, Duncannon, Perry County, Pennsylvania 17020, Petitioners are the maternal grandparents in the matters alleged herein, 2, The Respondents. Shawn Roberto and Joseph Roberto are adult individuals who currently have no known address nor are either regularly gainfully employed, To the best of petitioners' information and belief, the Respondents are Ii~ing inside their automobile at some unknown location, 3, Presently and throughout the current school year, the subject children have resided with and have been in the care, custody and control (non-court ordered) of the paternal grandparents, Salvatore and Margaret Roberto, who reside at 302 Erford Road, Camp Hill, . Cumberland County, Pennsylvania 17011, 4, On June 7, 1996, your Petitioners filed a Complaint for Primary Physical Custody with the Court of Common Pleas of Cumberland County for custody of the minor children. Michael Roberto, bom February 3,1987, and Alyssa Roberto, bom December 14,1989, See Exhibit "A" attached hereto beiug a copy of said Complaint. S, Petitioners will acquire physical custody of the two minor children at the close of school today from the above-named paternal grandparents who were caring for the children during this school year to ensure that the children completed their school as the children were truant while in the custody of their parents, the Respondents, 6, The Respondents do not have a home address and have no permanent home at this time, It is believed and therefore averred that Respondents are residing in their automobile at some unknown location, 7, Atcording to the paternal grandparents, the Respondents (parents) are planning to reacquire primary physical custody of the minor children prior to the last day of the school year, which is on Monday, June 10, 1996, 8, Petitioners feal' that harm may befall the minor children if the Respondents take custody of their children from Petitioners either on Sunday, June 9, 1996, or on Monday, June 10, 1996 for reasons which follow, 9, The Respondents do not have a home in which to take the children to and have no permanent address, 10, Petitioners believe that Respondents will flee the local jurisdiction if permitted to take custody of their children to avoid pending criminal prosecutions, II, Respondents and each of them have a substance I1buse problem with illegal controlled substances, mainly cocaine, to which Respondents have openly acknowledged same, 12, The minor children have witnessed and have described for Petitioners their mother, Respondent Shawn Roberto, inserting what looked like a small white rock into a pipe and smoking the pipe, It is believed that the described conduct was the smoking of crack cocaine, 13, The Respondents are not permitted to live with either of their parents, namely the Respondents nor the Robertos in Camp Hill, Cumberland County, 14, Respondents are not employed and engage in criminal activity and deception in order to advance their illegal possession and use of illegal controlled substances, including but not limited to (I) Respondent Shawn Roberto burglarizing the residence of her friend Donna; (2) Respondent Shawn Roberto burglarizing and/or commiting theft inside the residence of her mother; (3) Respondents attempting by deception and by trick to obtain money from their great- grandparents in order to acquire illegal drugs; and (4) Respondents have been observed in high drug trafficking areas of the City of Hanisburg attempting to acquire illegal drugs. such as on portions of Berryhill Street in Hanisburg, IS, Respondent Shawn Roberto has been charged with the burglary of her friend's residence, Donna Slpe, and taking and selling a VCR for which she is scheduled for a Preliminary Hearing on Tuesday, June II, 1996 at II o'clock am in Harrisburg, 16, Based on prior conduct and the history of Respondent Shawn Roberto, her mother, Petitioner Bonnie L. Goudy, believes and therefore avers that her daughter will flee the jurisdiction with her children if she acquires custody and she will fail to attend the aforesaid preliminary hearinH, 17, Respondent Shawn Roberto is also being investigated by the Pennsylvania State Police for the theft of$113,OO in V,S, Currency and a quantity of prescription medication from the residence of her mother, Respondent Bonnie L, Goudy, last Sunday when Respondent appeared to visit with her children at Respondent' s home, During a confrontation this week, Respondent admitted to the theft stating to her mother "Yeah, I took your money. so what'" 18, Respondents are not pennitted inside the home of the Petitioners. although Petitioners have no objection to the Respondents having telephone privileges with the minor children during reasonable hours, 19, Respondents have openly admitted to illegal drug use to Petitioners although Respondent Joseph Roberto denies a present substance abuse problem himself. However, Respondent Joseph Roberto was present during and drove the Respondents' vehicle away from the scene during the above-described burglary and on occasions when the Respondents have attempted to acquire money for illegal drugs from their great grandparents, 20, Respondent Shawn Roberto on several occasions has attended but has never completed in-patient substance abuse counseling, 21, Respondents have a history of and presently disappear without notice for several days at a time with no word as to their whereabouts nor any attempts to contact their minor children, 22, Petitioners are fearful for these and other reasons that their minor grandchildren will be in danger if they are not granted primary physical custody of the minor children at least until after a conciliation hearing has been held, 23, Nine year old minor child Michael Roberto repeatedly states to Petitioners that his parents (Respondents) don't care about them especially after the parents disappeared in the last week and failed to attend the childrens' school play without explanation although the play was attended by Petitioner Bonnie L, Goudy who took photographs of the children and bought a video taped recording of the perfonnance to console the children that their parents could watch the videotape and see the school play anyway, 24, Respondent Shawn Roberto is currently under adult probation supervision in Perry County for a conviction for Welfare Fraud and it is believed that she is a danger to flee the jurisdiction to avoid a parole detainer if the aforesaid burglary charge scheduled for a hearing this Tuesday is held for court, Moreover, Shawn failed to appear on Thursday, June 6, 1996, for a meeting with her probation officer to either payor to make arrangements for payment of her outstanding balance, A bench warrant has been issued for Respondent's arrest. 2S, It is believed and therefore averred that the children have suffered and continue to suffer psychological trauma and damage from their parents' (Respondents') self-destructive behavior as evidenced by the minor child, Michael Roberto, this week ater speaking to his mother on the telephone questioning her why she was not at the school play, he then hung up the phone and threw one of the darts he was playing wi1h into a tissue box and stating "My mother's heart some day!" 26, As a result of the above-described conduct and events, it is believed the minor children, Alyssa and Michael, are in physical and psychological danger if permitted to be in the IN TilE COURT OF COMMON I'I.EAS ClJI\1IJERI.ANU COlJNTY,l'ENNSYI.VANIA BONNIE I.. (J()UUY. 811d UA VII) (;OUUY, : NO, l'llllllllrr~ VS. : CIVil. ACTION - I.A W SIIA WN ROBERTO Ilud .IOSrWII ROIJERTO, Uerelldlllll~ : CUS'I'OUY ORUER OF COURT You, Shawn allll Joseph Rober10, defcndants, have been sued in court to obtain custody, par1ial custody or visitation of the chlld(ren): You are ordered to appcar III person a1 (day and dnte) at o'clock (address) on ,M, for a a concilia110n or medial ion confcrence _ a pre'lrial conference, _ a hearing before the court. If you fall 10 appear as provided by 1his order or 10 hrlng 1hc chlld(ren), an order for cus1ody. parlial cus10dy or vlsilation may he entered agalns1 you or the court may Issue a warrant for your arrest. YOU SIIOULD TAKE TillS PAPER TO YOUR LA WYER AT ONCE, Ir YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP, Court Adminis1rator Cumherland Co, Cour1house 4th Floor I Courthouse Square Carlisle,l'A 17013 (717) 240-6200 By the Cour1: J, Uflf6f -r II A II , , . , Plaintiffs do no1 know of a perRon not a party tolhe proceedingR who haR phYRical cURtody of the child and claims to have cURtody or viRitation rights with reRpectto the child, The name and addreRR of Ruch perRon iR: 7, The heRt intereRl and permanent welfllre of lhe child will he served hy granting the relief reques1 hecause (sel forth facts showing tha1lhe granting of the relief requested will he in the hest Interest and permanent welfare of lhe child): Sce cmergeney custody petition r.ttached as Exhlhit .. A .. II. Each paren1whose parental rights tolhe child have not been terminated and lhe person who has physical cus10dy of the child have been named as parties to this action, All other persons, named below, who arc known to have or claim n right to custody or visitation of the child have heen given notice of the pendency of this action and the righ110 intervene: Name Address Basis of Claim Salvatore and Margaret Rober1o 302 Erford Rd" Camp Hill, PA 17011 Grandparents (Paternal) Wherefore, plaintiff requests the eourtlo gran1 custody of the child. ~(A.~ A~~_~, Shugars, Esquire Attorney for Plainlirfs Supreme Cour1 No, 44180 Law Office of John M, Shugars 2459 Walnu1 Slreel Harrisburg. PA 17103 (717) 236.3535 ---'-~_.- - -. ~RIFICATIQM. I verify Ihal the facts in the foregoing pleading are true and correct to Ihe best of my knowledge, Information and belief, I undersland Ihal slalemenls made herein, Iffalse, are subject 10 the penalties of 16 Pa, C,S, Section 4904 (Crimes Code) relating 10 unsworn falslflcallon to authorilles, ,', ,t"..., M :. > ,>1 cl!fJ/ul, Bonnie L. Goudy ~ a, : - ~ ; .. , '):1- ['I ..:J if: r'; ". .I".. .........: :c .'~~ ~E: I.... I:J~ ,... '>- L "(!tJ I -''';'$ a:~" - ;i~,~ "- ~l: =i U~a.; ...,: ~ \0 ::J en U BONNIB L. GOUDY and DAVID GOUDY, Plaintiffs/Respondents IN THE COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW NO. 96-3246 CIVIL TBRM CUSTODY vs. SHAWN ROBBRTO and JOSBPH ROBBRTO, Defendants/Petitioner AND NOW, this RULB TO SHOW CAUSB \ l( 1\ day of June, 1996, upon consideration of Defendant/Petitioner Joseph Roberto's Petition for Special Relief to Dismiss Claim for Primary Custody for Lack of Standing, a Rule is hereby entered against the Plaintiffs/Respondents, Bonnie L, Goudy and David Goudy, to show cause why their claim for custody and Petition for Special Relief should not be dismissed. The Rule is returnable at the hearing scheduled for June 20, 1996, at 8:30 a.m., in Courtroom No.5 of the Cumberland County Courthouse, CarliSle, Pennsylvania. By the Court, WLu esley 01 BONNIB L. GOUDY and DAVID GOUDY, Plaintiffs/Respondents IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-3246 CIVIL TERM CUSTODY vs, SHAWN ROBERTO and JOSBPH ROBBRTO, Defendants/Petitioner PBTITION POR SPBCIAL RBLIEP T~SMISS CLAIM POR PRIMARY CUSTOQ1-12R LACK OF STAN~ The defendant/petitioner, JOSEPH ROBERTO, by and through counsel, Philip Briganti and Joan Carey of Legal Services, Inc. , states the following: 1. The petitioner, JOSEPH ROBERTO, hereinafter referred to as the father of the children, Michael and Alyssa Roberto, resides at 302 Brford aoad, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant, SHAWN ROBERTO, hereinafter referred to as the mother, is currently incarcerated in the Cumberland Connty Prison, Carlisle, Cumberland County, 3, The respondents, BONNIE and DAVID GOUDY, hereinafter the grandparents, are the maternal grandparents of the children. 4. The grandparents filed a Complaint for Custody of the children and a Petition for Special and Immediate Relief for Bmergency Custody on June 7, 1996, and a Temporary Order was entered granting the grandparents temporary physical custody of the children pending further Order of Court, and a hearing is scheduled for June 20, 1996, at 8:30 a,m. 5. Grandparents have standing to seek primary custody of a grandchild only if they have stood in 1~ ~arentis or it the grandchild has been declared dependent. Gradwell v. Strausser, 610 A,2d 999 (pa. Super 1992). 6. For the past five years, the children have lived with the mother and father and the grandparents have never exercised parental control or taken responsibility for the children. Furthermore, prior to this action, the grandparents had only visited with the children on the weekends of Hay 24-26, 1996, and Hay 31-June 2, 1996, and had not been in contact with the grandchildren for the past year and one-half, except for two brief visits for approximately two hours each in April and Hay, 1996. 7, The children have never been declared dependent by this or any other Court, 8. It is in the best interest of the children to be returned to the custody of their father for reasons including, but not limited to, the following: a. The father has been the primary caretaker of the children. b. The children have resided with their father at his parents I residence located at 302 Erford Road, Camp Hill, Pennsylvania. c. The father resides with his parents and has provided a stable environment for the children at that residence since January 1996, d, The father is concerned about the health of the child, Michael, and the change in doctors. The child has a history of Attention Deficit Disorder and has been under the care and treatment of a physician for approximately two years. The father is concerned about the grandmother changing the child's doctor without thn child's history or release from his primary physician. WHBRBFORE, the petitioner, JOSEPH ROBERTO, requests that this Court enter against the respondents, BONNIE and DAVID GOUDY, a Rule to Show Cause why the grandparents' claim for primary custody should not be dismissed for lack of standing. The petitioner further requests that custody be returned to him, the father of the children. The petitioner requests any other relief that is just and proper. Respectfully submitted, ~f: ~ ~ Philip . Brigan ~ Joan Carey Attorneys for Petitioner Joseph Roberto LEGAL SERVICES, INC, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 John M. Shugars, Attorney for Respondents LEGAL SERVICES, INC. Philip C, Briganti, Attorney Joan Carey, Attorney for Petitioner Joseph Roberto The above-named petitioner, JOSEPH ROBERTO, verifies that the statements made in the above Petition are true and correct. The petitioner understands that false statements herein are made SUbject to the penalties of 18 Pa. C.S. 64904 relating to unsworn falsification to authorities. Date: t/;J~6 , . , , f' . . , .- , I" I , , 1'\ - . .. .- , " t.. I.'. , j Ii ~'i ~ ,... "'- ~ "lO "'" >. .... O~ ("", ,. .J . 3 cf.: t-: .. !i; - ) - > -. :or.: )~:: r:. ~ ,,"- 0) ::j (": -r ~ It-' r- :: 1:1 -, ~" ...c.:,} ~\" ::r". , '1[,1 f~ ;:>, ,.::!u" , IL_ .0 "i 0 en 0 'j j1 BONNIE L. GOUDY, and DAVID GOUDY, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintitts . . v. 96-3246 CIVIL TERM SHAWN ROBERTO and JOSEPH ROBERTO, Defendants : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this 20th day of June, 1996, upon consideration of the Petition for Special and Immediate Relief for Emergency custody and of the Petition for Special Relief To Dismiss Claim for Primary Custody for Lack of Standing filed on behalf of Joseph Roberto, and following a proceeding at which the parties presented their respective positions as to standing on the part of the Plaintiffs to obtain custody of the children involved in this case, Michael ROberto, born Feburary 3, 1987, and Alyssa Roberto, born December 14, 1989, the Plaintiffs' Petition for Special Relief for Emergency custody is DENIED, and the Order of Court dated June 10, 1996, is VACATED. By the Court, J. John M. Shugars, Esquire Attorney for Plaintiffs _ ~<&'-'-- Ih,-~S.,t Philip C. Briganti, Esquire Attorney for Petitioner t:, I.uJq, , ,J, y. :lkt , , , '1, j I , ~ {/J ~ . ~ ~ P 1Q ~ ...l ~ fi ~ ~ i t ~ " ~ 5 · :l o gill )l ~ , . , '. ! i: i:, f\.)" \; 'I I'1tJ , \ " .' .' BONNIE L. GOUDY and DAVID GOUDY, Plaintiffs vs, SHAWN ROBERTO and JOSEPH ROBERTO, Defendants ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96.3246 CIVIL TERM CIVIL ACTION. LAW CUSTODY ORDER AND NOW, this S tit day of ~, 1996, upon receipt of the Conciliator's Report, it Is hereby ordered and directed as follows: 1. A hearing Is scheduled for the II -M day of No "em.b~r , 1996, at 'J o'clock -1.L,M" in Court Room Number ~ of the Cumberland County Court House, Carlisle, Pennsylvania, This hearing Is to determine whether or not the Plaintiffs, the maternal grandparents, have standing to seek partial custody and visitation of the minor children, The court will first make a determination as to the standing Issue. If the court determines that the Plaintiffs do have standing, then testimony will be taken as to an appropriate partial custody and visitation schedule, John M. Shugars, Esquire, Attorney for lalntlff Joan Carey, Esquire, Attorney for Defendant Joseph Roberto Shawn Roberto, pro se mlb ~ ~ 8J4:,/q~. ~,i', 6. The Plaintiffs' position on custody is as follows: Plaintiffs belleva that they have stood in loco parentis with the children in the pest, although not recently, and that because the natural parents are separated they have standing under the Grandparent's Act to seek partial custody and visitation. e, The Defendants' position on custody Is as follows: The Defendant, Joseph Roberto, through counsel, Indicated thst tha Plaintiffs do not have standing in this case because the parties are stili married and that the maternal grandparents, Plaintiffs herein, have never stood in loco parentis with the children. The Defendant, Shawn Roberto, did not have a formal position on the legal question of standing, but did indicate that she wanted a custody order granting her primary physical custody of the children subject to periods of partial custody and visitation with the father and that she would work out the visitation with her parents since she resides with them currently. 7. Nead for separate counsal to represent children: None requested, 8. Need for independent pSYChological evaluation or counseling: None requested. 9. A hearing In this matter Is expected to take one-half day, 10, Other matters and commants: It should be noted that the court initially signed an Order dated 10 June 1996 which apparently was an ex-parte order granting the Plaintiffs primary custody, but then, after an abbreviated hearing on 2 -.A. ' ,': " r ' i , , I " 'h 1, ".<i/ "1111 , 1 1 199rJY : '" ''''ur " , 0" . :' ;.,1", " '. \ . .' . :: j \;. i , 11 , ~ ii' "..~;' , , . .1...., :: t 'at. I ,I (' , .' !~"..'\ 'I I . ) "t ." :0. llr, 'i\ . \ " .. ; , : ..:.' w . ,,\ t., " I ,I,tl '., , ',~" "".c, ,.. ~ .. '. " I;.l ~ of.. '. ',. -.. 1- ; .~.: ~~~ '~1 " 0\, .',. t,LP, " ~ " '/ . '" ,,' -I , ... 'f,'. 1, ~~ ,.;:) , . :;.! .' \~ ..'1 . ; ~ I ,'. r.~ ^ '''~.~t~,,' J"i \.: l;ll ~ \, If l; .',~j~r"; ~"~' ~ .. '. ; ~.'~ I t 1 "', '\, . I "f r "~!:".,::, II! r Ii' ~ 1 jI, , ,.t., +~. 'Lf'~.' I . " .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BONNIE L. GOUDY, and DAVID GOUDY, : NO, ()(., 3; 'fl. C~ I.L- Plaintiffs vs, : CIVIL ACTION. LAW SIfA WN ROBERTO and JOSEPH ROBERTO, Defendants : CUSTODY ORDER OF COURT You, Shawn and Joseph Roberto, defendants, have been sued in court to obtain cus10dy, partial cus10dy or visitation of 1he chlld(ren): You are ordered to appear in pcrson at (day and date) at o'clock (address) on ,M. for a a conciliation or mediation conference _ a pre-trial conference, _ a hearing before the court, If you fail to appear as provided by this order or to bring the child(ren), an order for custody, partial cus10dy or visitation may be entered against you or the court may issue a warrant for your arres1, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Adminis1rator Cumberland Co, Cour1house 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 By the Court: J, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BONNIEL.GOUDY,and : NO, <j(.. J,J.VI, C;;..II~ DAVID GOUDY, Plaintiffs \IS, : CIVIL ACTION - LAW SUA WN ROBERTO and JOSEPH ROBERTO, Defendants : CUSTODY COMPUINT FOR CUSTODY AND NOW, this 71h day of June, 1996, come 1he above.named Plaln1iffs, by !heir attorney, John M, Shugars, Esquire, who respec1fully request the fOllowing: I. The plaintiffs lire Bonnie L, and David Goudy, residing at R,D, #2, Box 2318, ,I '! Duncannon, Perry County, Pennsylvania 17020, 2, The defendants are Shawn Roberto and Joseph Roberto, reside at unknown. 3, Plain1iff seeks custody of the following child(ren): Name Present Residence Age Michael Roberto Alyssa Roberto R,D, #2 Box 2318, Duncannon, PA 17020 9 years R,D, #2 Box 2318, Duncannon, PA 17020 6 years The child Michael was born out of wedlock, The child Michael is presently in 1he cUS10dy of plain1iffs who resides at the above address, The child Alyssa was not born out of wedlock, The child Alyssa is presently in !he custody of plaintiffs who resides at1he above address, Plaintiffs do not know of a person not a p~rty to the proceedings who has physical custody of the child and claims to have custody or visilation rights with respect to the child, The name and address of such person is: 7, The best interest and permanent welfare of the child will be served by granting the relief request because (set for1h facts showing that1he granting of 1he relief requested will be in 1he best interest and permanent welfare of the child): Sce emergency custody peti1ion aUached as Exhibit "A" 8, Each paren1 whose parenlal rights to the child have not been terminated and the person who has physical cus10dy of the child have been named as parties to this action, All other persons, named below, who are known to have or claim a rlgh1 to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim Salvatore and Margaret Roberto 302 Erford Rd" Camp Hili, PA 17011 Grandparents (Pa1ernal) Wherefore, plaintiff reques1s the court to grant cus10dy of the child, \-J ~. A:;;;; Shugars, Esquire Attorney for Plaintiffs Supreme Court No, 44180 Law Office of John M, Shugars 2459 Walnut Street Harrisburg, PA 17103 (717) 236.3535 IN TilE COURT OF COMMON Pl,F.AS CUMIIERLAND COUNTY, PENNSYLVANIA BONNIE I" GOUDY, nnd DA VID GOUDY, : NO, Plnlntlffs \IS. : CIVIL ACl'ION - LAW SIIA WN ROBERTO and JOSEPH ROBERTO, Defendnnts : CUSTODY PETITION FOR SPECIAL AND IMMEDIATE RELIEF FOR EMERGENCY CUSTODY PURSUANT TO PA. R. C. P. RIII.E 1;}15.1J AND NOW, this 7th day of June, 1996, come the above-named Plaintiffs, by their allorney, John M, Shugars, Esquire, who respectfully request the following: I, Your Petitioners, Bonnie L, Goudy and David Goudy, her husband, are adult individuals who currently reside at R.D, #2, Box 2318, Duncannon, Perry County, Pennsylvania 17020, Petitioners are the maternal grandparents in the mailers alleged herein, 2, The Respondents, Shawn Roberto and Joseph Roberto are adult individuals who currently have no known address nor are either regularly gainfully employed, To the best of petitioners' information and belief, the Respondents are living inside their automobile at some unknown location, 3, Presently and lhroughoulthe current school year, the subject children have resided with and have been in the care, custody and control (non-court ordered) of the paternal grandparents, Salvatore and Margaret Roberto, who reside at 302 Erford Road, Camp IIiII, EXfh/J/1 I;A 1/ Cumberland County, Pennsylvania 170 II, 4, On June 7, 1996, YOllr Petitioners /lied a Complaint for Primary Physical Custody with the COllrt of Common Pleas of Cumberland County lilr custody of the minor children, Michael Roberto, born Febmary J, 1987, and Alyssa Roberto, born December 14, 1989, See Exhibit" A" aUached hereto being a copy of said Complaint, 5, Petitioners will acquire physical custody of the two minot children at the close of school today from the above-named paternal grandparents who were caring for the children during 1111s school year to ensure Ihatthe children completed their school as the children were tmanl while in the custody of their parents, the Respondents, 6, The Respondents do not have a home address and have no permanent home at this time. It Is believed and therefore averred Ihat Respondents are residing in their automobile at some unknown location, 7, According to the paternal grandparents, the Respondents (parents) are planning to reacquire primary physical custody ofthe minor children prior to Ihe last day of the school year, which is on Monday, June 10, 1996, 8, Petitioners fear that harm may befall the minor children If the Respondents lake custody of their children from Petitioners either on Sunday, June 9, 1996, or on Monday, June 10, 1996 for reasons which follow, 9, The Respondents do not have a home in which to take the children to and have no permanent address, 10, Petitioners believe that Respondents will nee the local jurisdiction if permitted to take cufttody of their rhillhen to avoid pendinll crhninal prosccutions II, Reftpnndents and each ofthcm have a ftubstance abuse problem with illegal coni rolled substanceft, mainly cocaine, to which Rcspondcnts have opcnly acknowledged same, 12 The minor children have wltnesscd and have describcd for Petitioners their mother, Respondent Shawn Roberto, Inserting what looked like a small white rock in10 a pipe and smoking the pipe, It is believed that the described conduct was the smoking of crack cocaine, 13, The Responden1s are no1 permilled to live with cither of their parents, namely the Respondents nor the Robertos in Camp IIiII, Cumberland County, 14, Respondents are not employed and engage in criminal activity and decep1ion in order to advance 1heir illegal possession and use of illegal controlled substances, including but not limited to (I) Respondent Shawn Roberto burglarizing the residence of her friend Donna; (2) Respondent Shawn Roberto burglarizing and/or commiting theft inside the residence of her mother; (3) Respondents atlemp1ing by deception and by trick to obtain money from their great- grandparents in order to acquire illegal drugs; and (4) Respondents have been observed in high drug trafficking areas of the City of Harrisburg allempting to acquire illegal drugs, such as on portions of Berryhill Street in Harrisburg, 15, Respondent Shawn Roberto has been charged with 1he burglary of her friend's residence, Donna Sipe, and taking and selling a VCR for which she is scheduled for a Preliminary Hearing on Tuesday, June II, 1996 at II o'clock am in Harrisburg, 16, Based on prior conduct and the history of Respondent Shawn Roberto, her mother, Petitioner Bonnie L. Goudy, believes and therefore avers 1hat her daughter will nee the juri~dictinn with her children if ~he aClJuire~ cU~lndy and ~he will failtn allend the afhresaid preliminary hearing 17, Respondent Shawn Roberl:ll~ al~o being inve~ti!!aled by Ihe Penn~ylvanla State Police for lhe thell of$11100 In IJS, Currency and a qnanlity ofpre~crlpllon medical ion from lhe re~idence of her mother, Re~porldenl Donnie L. Goudy, lasl Sunday when Re~pondenl appeared to visit with her children at Respondent's home, During a confronlation this week, Respondenl admilled 10 the Ihen staling 10 her mol her "Yeah, I took your money, so what'" 18, Respondents are not permilled in~ide lhe home oflhe Petitioner~, although Petitioners have no objection 10 the Respondents having telephone privileges with Ihe minor children during reasonable hours, 19, Respondents have opeoly admilled to illegal drug use to Petilioners although Respondent Joseph Roberto denies a presenl substance abuse problem himself. However, Respondent Joseph Roberto was present during and drove Ihe Respondents' vehicle away from Ihe scene during Ihe above-described burglary and on occasions when the Respondents have allempted to acquire money for illegal drugs from their greal grandparents, 20, Respondent Shawn Roberto on several occasions has all ended but has never completed in-patient subslance abuse counseling, 2', Respondents have a history of and presenlly disappear without notice for several days at a time with no word as to their whereabouts nor any allempts 10 contactlheir minor children, 22, Petilioners are feal ful for Ihese and olher reasons lhallheir minor grandchildren will be in danger iflhey are not granted primary physical custody of the minor children allenst until Aner a conciliAtion heArlnll has hecn held 21 Nine yeAr old minor child Mlchacll\ohcrto rcpcAtcdly stRles to Petltloncrs that his parcnts (Rcsponclents) don'l CAre Ahout thcm espcclnlly aner the pnrents dlsnppearcd in the IAsI week and fAiled 10 All end the chlldrcns' school piny without c~plnnntlon Althoullh the piny wns All ended by Pelltioner Donnie I., Goudy who took phologrnphs oflhe children And bought A video tBped recording of the performnnce to console Ihe children that Iheir parenls could wAtch Ihe videotApe and see the school plAY Anyway, 24, Respondent ShAwn Roberto is currently under Adult probAtion supervision in Perry County for a conviction for WelfAre FrAud and it is believed thAt she is a dAnger to flee the jurisdiclion to Avoid a parole detAiner if the aforesaid burglary chArge scheduled for A hearing this TuesdAY is held for court, Moreover, ShAwn failed to appear on Thursday, June 6, 1996, for a meeting with her probalion officer to either payor to make arrangements for payment of her outstanding balance, A bench warrant has been issued for Respondent's arrest, 25, It is believed and therefore averred that the children have suffered and con1inue to suITer psychological trauma and damage from their parents' (Respondents') self-destnlctive behavior as evidenced by Ihe minor child, Michael Roberto, this week ater speaking to his mother on the telephone questioning her why she was not at the school play, he then hung up the phone and threw one of1he darts he was playing with into a tissue box and stating "My mother's heart some day!" 26, As a result of the ahove-descrlbed conduct and events, it is believed the minor children, Alyssa and Michael, are in physical and psychological danger if permitted to be in Ihe - .,) C/O - J s~ e,~ ~ . ~ o " ;)0 ., . ,. ~ ~ ~ ~ \,,, ~ 1-- ~~ .. "; ..:r ,'~ ;c C.)~ ~~- '.1- '~) ;::j n Ii.: r- :, -00 ,'- I )..... \':.1 1:"i,:;'; r:.: .., :,,& -. lL ,," :J 0 en :.> BONNIE L. GOUDY and DAVID GOUDY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I I I CIVIL ACTION - LAW CUSTODY v. NO.96-3246 CIVIL TERM SHAWN ROBERTO and JOSEPH ROBERTO, Defendant. AMENDED ORDER AND NOW, thiu 7th day of August, 1996, the Order of Court dated August 5, 1996, is AMENDED to reflect a hearing date of Monday, November 25, 1996, at 9100 o'clock a.m. instead of November 11, 1996. BY THE COURT, J . John M. Shugars, Esq. 2459 Walnut Street Harrisburg, PA 17103 Attorney for Plaintiffs Joan Carey, Esq. Legal Services, Inc. a Irvine Row Carlisle, PA 17013 Attorney for Defendant Shawn Roberto, pro se R.D. 2, Box 2318 Duncannon, PA 17020 Ije ~~ ~..~...:al.,,("lb, A'~, /I )IN\~n,\SNN3d ~) ).JA ,(I,) "'! ,;"'I"'"I''n''' u ....1 "'1 :1; rlJ L - []llV 96 ^'~"c"" , <.II.. '''''...v'j ,j J '0 3OL:UO.(l31~ ;J