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HomeMy WebLinkAbout07-1189 HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. C)j - 1100 KATHLEEN A. DOTOLO, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is RUSSELL R. PENTZ, residing at 1709 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is KATHLEEN A. DOTOLO, residing at 1332 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania 17017. 3. Plaintiff seeks custody of the following child: Alexandra Fe Pentz 1332 Swope Drive Age 7, DOB: 6/9/99 Boiling Springs, PA 17017 The child was born out of wedlock. The child is presently in the custody of Kathleen A. Dotolo, who is residing at 1332 Swope Drive, Boiling Springs, Pennsylvania 17017. 4. During the past five years, the child has resided with the following persons and at the following addresses: Mother 148 West 2nd Street Corning, NY 14830 March 2004 Mother and Unknown New Cumberland, PA Feb. 2005 - Dec. 2005 Mother 2nd Street Harrisburg, PA Jan. 2006-Feb. 2006 Mother Mother Mother Corman Communities Harrisburg, PA Camp Hill, PA 1332 Swope Drive Boiling Springs, PA 17017 Feb. 2006-March 2006 March 2006- Feb. 2007 Present The mother of the child is Kathleen A. Dotolo, who is residing at 1332 Swope Drive, Boiling Springs, Cumberland County, Pennsylvania 17017. She is divorced. The father of the child is Russell R. Pentz, currently residing at 1709 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. He is divorced. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently lives with his girlfriend, Debra Moser. 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Alexandra Fe Pentz. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: Plaintiff and Defendant participated in a custody and visitation mediation at the Center for Dispute Settlement in Bath, New York in July of 2000. The Case number for the mediation was ST9257 v-2020-00. A mediation plan agreement was signed by the parties on July 21, 2000; however, it is believed that the agreement reached at mediation was never adopted as an Order of Court. Moreover, the agreement specifically states, in pertinent part: "...this plan does not constitute a legally binding agreement and that the contents of this plan should be reviewed by Steuben County Family Court for approval and finalization." It is believed, and therefore averred, that said plan was never reviewed, approved, or finalized by Steuben County Family Court. As a result, and since both parents and the minor child are now domiciled in Cumberland County, Pennsylvania, this Honorable Court has jurisdiction over this matter. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother has moved at least eight times, and lived in at least four different states, since the birth of the child. The child's best interests will be served by living with Father because he can provide the child with a stable and secure home and living environment. 10. 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. There are no other persons known to Plaintiff who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff requests this Honorable Court grant custody of the child, ALEXANDRA FE PENTZ, to him. Ily submitted, H'YNUM LAW . Michael A. Hynum, Es uir Supreme Court ID #85 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff mike. hynum(&,hynumpc.com I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 i o 7 RUSSELL R. PENTZ n CERTIFICATE OF SERVICE On this -day of March, 2007, 1 certify that a copy of the foregoing COMPLAINT FOR CUSTODY was served upon the following Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Kathleen A. Dotolo 1332 Swope Drive Boiling Springs, PA 17017 HbYNU'M LAW Michael A. Hynum, E qui e Supreme Court ID 085 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff mike.hynum(&-hynumpc.com I I'? rn r n (J n ?= i I?y s? `i C3 -K RUSSELL R. PENTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN A. DOTOLO DEFENDANT 07-1189 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 11, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 ?G { ; Hi 4, a RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1189 CIVIL ACTION - LAW KATHLEEN A. DOTOLO, IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Kathleen A. Dotolo, in the above captioned case. Respectfully submitted, Jeff' ita Holst, Esquire MdPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1 q' It q1%* RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. NO. 07-1189 CIVIL ACTION - LAW KATHLEEN A. DOTOLO, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Kathleen A. Dotolo, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY' OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Michael A. Hynum, Esquire 315 Bridge Street, Lower Level New Cumberland, PA 17070 Date: 3 v Jes c/a Holst, Esquire dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 12 04 vs C? wff O ?rs• (j r CD CJ .,C, RUSSELL R. PENTZ, Plaintiff V. KATHLEEN A. DOTOLO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1189 CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS OF DEFENDANT/RESPONDENT TO COMPLAINT FOR CUSTODY OF PLAINTIFF/PETITIONER AND NOW, comes Defendant, Kathleen Dotolo, by and through her attorneys, MidPenn Legal Services, and files these Preliminary Objections to Plaintiff/Petitioner's Complaint for Custody and in furtherance thereof states as follows: 1. 'Plaintiff, Russell R. Pentz, hereinafter "Father," and Defendant, Kathleen A. Dotolo, hereinafter "Mother," are the natural parents of one minor child, Alexandra Fe Pentz, born June 9, 1999. 2. On July 21, 2000, the parties participated in a Custody and Visitation Mediation at the Center for Dispute Settlement in Bath, Steuben County, New York. Through the mediation process, the parties agreed that they would share legal custody, referred to as "joint custody" in New York. Mother would retain primary physical custody of Alexandra and Father would have periods of partial physical in accordance with the schedule outlined in the Consent Agreement. 3. On August 2, 2000, the Consent Agreement was incorporated into a Court Order entered in the Office of the Clerk of the Family Court of the State of New York in the County of Steuben. A certified copy of the Order and Consent Agreement is attached hereto and incorporated herein by reference as Exhibit "A." 4. At no time has either party sought to transfer this custody matter to Cumberland County, Pennsylvania and the Steuben County Family Court retains jurisdiction over this matter. 5. Defendant is also subject to a Child Support Order entered on October 15, 2003, in the Delaware County Family Court of New York. Only after Mother demanded Defendant's compliance with that Order, and the possibility of contempt proceedings under that Order arose did Father initiate a custody proceeding in Cumberland County, Pennsylvania, seeking primary custody of the minor child. A copy of the Child Support Order is attached hereto and incorporated herein by reference as Exhibit "B." 6. This matter has been scheduled for a custody conciliation on April 11, 2007, with Attorney Dawn Sunday. 7. Pursuant to the Uniform Child Custody Jurisdiction Enforcement Act 23 Pa.C.S. § 5421 et seq, this Court should not exercise jurisdiction in this matter. Jurisdiction of this matter properly remains in New York State. 8. Father did not object to the entry of the Consent Agreement as a New York order and should be precluded from asserting that Cumberland County is the proper venue to resolve any current custody matters. ti 9. This matter has not been before a Judge in the Cumberland County Court of Common Pleas. 10. Counsel for Mother contacted Father's counsel, Attorney Michael Hynum, for concurrence on the relief requested. Attorney Hynum was unavailable and it is unknown whether he does or does not concur with the relief requested. WHEREFORE, Mother requests that this Court dismiss Father's Complaint for Custody, based on the fact that New York retains jurisdiction over this matter and remains the proper venue in which to file further proceedings if Father wishes to modify the current custody order and stay its March 8, 2007, Order scheduling this matter for a custody conciliation on April 11, 2007. Respectfully Submitted, Jes ' c , olst, Esquire M(dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 x2514 VERIFICATION The above-named DEFENDANT, Kathleen A. Dotolo, verifies that the statements made in the above Preliminary objections are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ` Ka hleen A. oto 0 RUSSELL R. PENTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 07-1189 CIVIL ACTION - LAW KATHLEEN A. DOTOLO, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Kathleen A. Dotolo, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U .S. First Class Mail, Postaize Pre-Paid Michael A. Hynum, Esquire 315 Bridge Street, Lower Level New Cumberland, PA 17070 Date: . ' ?1-() Jlida Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 i 0 F.C.A. §§ 467, 549, 651, 652, 654 D.R.L. § 240; S.S.L. § 383 PRESENT: Hon. Joseph W. Latham... At a term of the Family Court of the State of New York, held in and for the County of Steuben, at Bath, New York on , 2000. In the Matter of a proceeding under Article 6 ,of the, Family Court Act Docket No. Kathleen Dotolo, Petitioner -against- Russell Pentz, Respondent CLERK'S CERTIFICATION do certify that I have compared the foregoing copy with the original thereof filed in this office and that the sani , i,- a and comp! to c py of suic" ?; `tw° v-2020-00trm Dated: °? U - ORDE a???il , AGREEMENT A petition having been duly filed by the above-named Petitioner under Article 6 of the Family Court Act and notice having been given; and Said petition having duly come on to be heard before a Judge of this Court and the Petitioner and Respondent having consented to the entry of an order approving an agreement prepared by The Center for Dispute Settlement; and It appearing that said agreement contains the necessary provisions for and Order of Custody and/or Visitation; NOW, therefore, it is hereby DETERMINED that the consent agreement prepared by the Center for Dispute Settlement signed on July 21, 2000 by the parties and annexed hereto, be and the same is hereby confirmed and approved in all respects and it is further ordered that the Court date of August 10, 2000 is cancelled and it is further ordered that this resolves the pending petitions before the Court. PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN THIS COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. /11 If I ,., DATED: U E Check applicable box: E] Order mailed on [specify date(s) and to whom mailed]; ? Order received in court on [specify date(s) and to whom given]: xc: / athl en Dotolo !? R sell Pentz qQ b/Sop •? Pleas* tike notice that the W;L%Mn is an order entered in the Osslee of the Clerk of the las+ily Coma% of the Mte as New York ir the County of •t*VM AM was ses'ved upon the parties and rr?e!I• record in tai a providing tre matter on LtO sass by r*gul i otherwise notaa) at_ thg„#d4resa last. prgyided to the Court. Chief Clerk /.973-998 a.. CENTER FOR DISPUTE SETTLEMENT 6666 Babcock Hollow Road Bath, New York 14810 k , Phone: 607-776-6976 ` Fax: 607-776-7226 Coming Area: 204 West Water Street Painted Post, New York 14870 607-936-1403 fax: 607-936-1484 CUSTODY AND VISITATION MEDIATION In the matter of mediation between Kathleen Dotolo, Petitioner AND Russell Pentz, Respondent CONSENT AGREEMENT 1 OF 3 CDS Case Number: ST9257 v-2020-00 Under the Rules and Procedures of the Center for Dispute Settlement, and in accordance with the wishes of the Parties, the following is an accurate summary of the Agreement reached in mediation between the above-named parties: I. General Personal/Family Information 1. Kathleen Dotolo currently resides at 650 Deyo Road, Corning, New York 14830. 2. Russell Pentz currently resides at 2101 Cedar Run Drive, #304, Camp Hill, Pa. 17011. 3. Kathleen Dotolo and Russell Pentz have one child: Alexandra Fe Pentz, age 13 months (birth date: 6/9/99) 11. Child Custody and Parenting Schedule A. Custody Both parties agree that the primary residence for Alexandra will be with Kathleen. Both parties agree that they will share joint custody of Alexandra. For the purposes of this article, the term "joint custody," means that the parents shall share the responsibility and authority with respect to the children. They will consult and agree on all major decisions affecting the children, leaving to the parent of residence at the time the role of making minor day-to-day decisions, and emergency decisions which cannot be made with the concurrence of the other parent because of the nature of the emergency. The decision-making process will be shared on all matters having a significant impact on Alexandra's life, including, but not limited to, her upbringing, education, psychological well-being, medical care, religious upbringing, school vacations and trips, summer camp, and extra-curricular activities and associations. CONSENT AGREEMENT 2OF3 B. Parenting Schedule 1. Routine schedule will be as follows: Both parties agree that Alexandra will spend every other weekend with Russell, from Friday evening until Sunday evening. Both parties agree that Alexandra will be transported to Russell's home by one parent and returned to Kathleen's home by the other parent, the details of which will be worked out between Russell and Kathleen prior to the weekends. 2. Holidays Both parties agree that Alexandra will spend Christmas 2000 and every even year with Russell. Both parties agree that Alexandra will spend Christmas 2001 and every odd year with Kathleen. Both parties agree that Alexandra will spend Easter with Kathleen. Both parties agree that Alexandra will spend Mothers Day with Kathleen. Both parties agree that Alexandra will spend Fathers Day with Russell. Both parties agree that Alexandra will spend Memorial Day with Russell, unless other arrangements are made by the parties by mutual agreement. Both parties agree that Alexandra will spend Labor Day with Kathleen, unless other arrangements are made by the parties by mutual agreement. Both parties agree that Alexandra will spend Thanksgiving 2000 and every even year with Kathleen. Both parties agree that Alexandra will spend Thanksgiving 2001 and every odd year with Russell. Both parties agree that on New Years, July 4th and Halloween, they will determine, by mutual agreement, where Alexandra will celebrate these holidays. 3. Birthdays and Special Days Both parties agree that they will determine, by mutual agreement, where Alexandra will spend her birthday. Specific Details for the Parenting Schedule Both parties agree that the Holidays, Birthdays, Special Days and Vacation schedules supercede the routine schedule. Both parties agree that the parenting schedule may change by mutual agreement. Both parties agree that if Alexandra is taken out of town for 24 hours or more, the other parent will be notified of where Alexandra is staying and an emergency contact number. ? ?r t C. Parental Moves CONSENT AGREEMENT 3OF3 Both parties agree to notify the other of any change of address or telephone number within thirty days, if possible. Both parties agree that neither will permanently move Alexandra from a fifty (50) mile radius of their current address without the written consent of the other parent or the order of a Court. The Center for Dispute Settlement, Inc. (CDS) states and both of the above-named Parties acknowledge that CDS has not provided either party with legal counsel, advised either party as to the merits of his/her case or provided any advice or direction as to what either party may be entitled to under the law. Both the above-named Parties have been advised by CDS that this plan does not constitute a legally binding agreement and that the contents of this plan should be reviewed by Steuben County Family Court for approval and finalization. The parties to this agreement do hereby acknowledge the above provisions constitute full and complete satisfaction of all claims submitted to Mediation. W Petitioner Dat / .00?0 7Z 2 Respondent Cid-te a M diator Date ple NWase ZCR 01P $?tX take naRlQ* that then within IS an order entered in the 0!llee of the Clerk of the sa"Lr a nst of the state of New York in the ec"tY of dtepbea An was served upon Parties and attorneys of record in the e matter on Same by reyYlar sail by Providing the at (unless otherwise noted) e last p ded to the Court. mef Clerk '' r F.C.A. §§ 413, 416, 433, 438, 439,440,442-447, 471;Art.5-B 4-7 11/2002 At a term of the Family Court of the State of New York, held in and for the County of Delaware, at Courthouse, 3 Court St., Delhi, NY 13753, on September 23, 2003 PRESENT: Nelson W. Stiles, Support Mai trate In the Matter of a Support Proceeding Kathleen Anne Dotolo, SSN: 140-64-1474, Petition - against - Russell Ray Pentz, SSN: 191-60-6361, Responder File #: 6156 Docket #: F 1170-03 CSMS #: BJ22353DI ORDER OF SUPPORT NOTICE: YOUR WILLFUL FAILURE d OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRUVIINi NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDI qAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSE, STATE-1,SUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND SPORTING LICENSES AND PERMITS; AND IMPOSITION OF REAL OR PERSONAL PROPERTY LIENS. SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED BY MAIL, WITHIN 3 5 DAYS OF THE MAILING OF THE ORDER. The above-named Petitioner having filed a petition in this Court on August 12, 2003, alleging that Russell Ray Pentz is chargeable with the support of Name Date of Birth Alexandra Fe Pentz 6/9/1999 Russell Ray Pentz having appeared before this Court to answer the petition, having been advised by the Court of the right to counsel; and to show why an order of support and other relief prayed for in the petition should not be granted; and Russell Ray Pentz having admitted the allegations of the petition; and The matter having duly come on to be heard before this Court; NOW, after examination and inquiry into the fac. ind circumstances of the case and after hearing the proofs and testimony offered in relation there the Court finds that: page: 2 Docket No: F-0 1170-03 4-7 Russell Ray Pentz is the non-custodial party, whose pro rata share of the basic child support obligation is $126.00 weekly for, the following child: Name Date of Birth Social Security # Alexandra Fe Pentz 6/9/1999 190-78-4298 And the Court finds further that: The non-custodial party's pro rata share of the basic child support obligation is neither unjust nor inappropriate; The name and address of Russell Ray Pentz's current employer are: Name Address Bag Processors, Inc. 325 West Allen Street Mechanicsburg, PA 17055 NOW, after examination and inquiry into the facts and circumstances of the case and after hearing the proofs and testimony offered in relation thereto, it is ORDERED AND ADJUDGED that effective August 12, 2003, Russell Ray Pentz is chargeable with the support of the following person and is possessed of sufficient means and able to earn such means to provide the payment of the sum $126.00 weekly to Kathleen Anne Dotolo through the Support Collection Unit, such payments to commence on September 26, 2003, allocated as follows for and toward the support of Russell Ray Pentz's child as follows: . Name Social Security # Date of Birth Amount Alexandra Fe Pentz 190-78-4298 6/9/1999 Total Child Support: $126.00 weekly ORDERED AND ADJUDGED that Russell Ray Pentz is additionally responsible for the support so ordered from August 12, 2003 to September 25, 2003 less the amount paid of $463.00. The balance of accrued support amounts to $293.00 and shall be collected administratively by the Support Collection Unit ; and it is further ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collection Unit at PO Box 269, Delhi, New York 13753 of any changes in the following information: residential and mailing addresses, social security number, telephone number, driver's license number; and name, address and telephone numbers of the parties' employers and any change in health insurance benefits, including any termination of benefits, change in the health insurance benefit carrier or premium, or extent and availability of existing or new benefits; and it is further ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law and Rules, or in any other manner provided by law; And the Court having determined that: Page: 3 Docket No: F-01170-03 4-7 Health insurance coverage is available to Russell Ray Pentz, IT IS THEREFORE ORDERED that Russell Ray Pentz continue to maintain health insurance coverage for the following child under the existing plan for as long as it remains available: Name Date of Birth Alexandra Fe Pentz 6/9/1999 Such coverage shall include all plans covering the health, medical, dental, optical and prescription drug needs of the dependent named above and any other health care services or benefits for which the legally-responsible relative is eligible for the benefit of such dependent; provided, however, that the group health plan is not required to provide any type or form of benefit or option not otherwise provided under the group health plan except to the extent necessary to meet the requirements of Section 1396(g-1) of Title 42 of the United States Code. The legally-responsible relative shall assign all insurance reimbursement payments for health care expenses incurred for his eligible dependent to the provider of such services or the party having actually incurred and satisfied such expenses, as appropriate; and it is further ORDERED that the legally-responsible relative immediately notify the Support Collection Unit of any change in health insurance benefits, including any termination of benefits, change in the health insurance benefit carrier or premium, or extent and availability of existing or new benefits; and it is further ORDERED, that Russell Ray Pentz shall execute and deliver to Kathleen Anne Dotolo any forms, documents, or instruments to assure timely payment of any health insurance claim for the child; and it is further ORDERED that upon a finding that the above-named legally-responsible relative willfully failed to obtain health insurance benefits as ordered, such relative will be presumptively liable for all health care expenses incurred on behalf of the above-named dependent from the first date such dependent was eligible to be enrolled to receive health insurance benefits after the issuance of such order or execution directing the acquisition of such coverage; and it is further ORDERED that the respondent shall pay 80%, and the petitioner shall pay 20% of reasonable medical, dental, optical, surgical, and prescription expenses incurred on behalf of their dependent and not covered by insurance and/or Medicaid. Payment of his share of these expenses shall be made by respondent directly to petitioner within 30 days of written notice (copies of receipts, medical bills, and/or insurance statements) by petitioner to respondent that such expenses were incurred; and it is further ORDERED that effective August 12, 2003 respondent shall be responsible for 80% of the expenses for child care incurred by petitioner while she is at work. Commencing September 26, 2003 respondent shall pay each Friday directly to petitioner his share of the child care expenses incurred during the preceding week as evidenced by a receipt from the child care provider to be presented by petitioner to respondent for the child care expenses incurred during that week. For the child care .' Page: 4 Docket No: F-01170-03 4-7 expenses incurred during the period ofAugust 12, 2003 through September 19, 2003, the parties shall attempt to reach an agreement as to respondent's share of these expenses and a repayment schedule for the expenses. If the parties cannot agree, further application may be made to the Court; and IT IS FURTHER ORDERED that all payments payable through the Support Collection Unit shall be mailed to: Delaware County Support Collection Unit, PO Box 15312, Albany, NY 12212- 5312; and IT IS FURTHER ORDERED that a copy of this order be provided promptly by the Support Collection Unit to the New York State Case Registry of Child Support Orders established pursuant to Section 111-b(4-a) of the Social Services Law. NOTE:(1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT. (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS. (3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS TO WHICH AN ADJUSTED ORDER CAN BE SENT, AS REQUIRED BY SECTION 443 OF THE FAMILY COURT ACT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. Dated: October 15,/2003 ENTER Nelso . Stiles, Su Magistrate rage: :) r Docket No: F-01170-03 4-7 CC: Kathleen Anne Dotolo, Petitioner Russell Ray Pentz, Respondent SCU THE ORIGINAL OF THIS ORDER WAS ENTERED IN THE OFFICE OF THE DELAWARE COUNTY FAMILY COURT CLERK ON - 2003. THE DISTRIBUTION OF THIS ORDER IS AS FOLLOWS: Upon: -'Petitioner '" by mail _in court -personal service ;'Respondent ='by mail _in court _personal service -Petitioner's Attorney _by mail _in court -personal service -courier box -Respondent's Attorney _by mail _in court -personal service -courier box - vSupport Collection Unit _by mail _in court -courier box -personal service !: -Social Services Attorney , _by mail in court -personal service -courier box P ) C J By: DELAWARE COUNTY FAMILY COURT CLERK'S OFFICE ?"'f Y ? ? "'2 t J? _ ?...? s ,.,,fit t ? t ? .,.? _?; ? ? . 4„ ?: .} ..LS+ _ k _ _i 'w "1 1 3 .r,,+. i?. C.,, , e RUSSELL R. PENTZ, Plaintiff V. KATHLEEN A. DOTOLO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1189 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kathleen Dotolo, Defendant, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jesida Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 =' ms -t s ? ?Y RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1189 CIVIL ACTION - LAW KATHLEEN A. DOTOLO, IN CUSTODY Defendant ORDER uae 2 s 200 W AND NOW, this 30 _ day of 1)14-eA 2007, it is hereby Ordered that the above-captioned matter is scheduled fora heaxia on Defendant's Preliminary Objections to J/ , ? r/ ??C 7? ?n 7' Plaintiff's Complaint for Custody, l Distribution: Jess' a Holst, Esquire I!'V 1 E. Louther Street Carlisle, PA 17013 ]chael Hynum, Esquire 315 Bridge Street - Lower Level New Cumberland, PA 17070 LC07 RUSSELL R. PENTZ, Plaintiff vs. KATHLEEN A. DOTOLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1189 CIVIL IN CUSTODY IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT FOR CUSTODY ORDER AND NOW, this /` day of April, 2007, argument on the above-captioned matter set for April 5, 2007, is continued to Friday, May 4, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, -"/ (/. z4d- Kevin A ess, J. Michael Hynum, Esquire For the Plaintiff Jessica Holst, Esquire For the Defendant : rlm 0 ;i :G8 !!d:' 1_ I <'u_ LEZ HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 7741357 Attorney for Plaintiff RUSSELL R. PENTZ, Plaintiff V. KATHLEEN A. DOTOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1189 CIVIL ACTION - LAW IN CUSTODY ANSWER TO PRELIMINARY OBJECTIONS FILED IN RESPONSE TO COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Russell R. Pentz, by and through his attorney, Michael A. Hynum, and files this Answer to Preliminary Objections Filed In Response to Complaint for Custody, and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Plaintiff, by and through his Complaint for Custody, argues that jurisdiction is with, and should be transferred to, Cumberland County Pennsylvania, as both parties have established residences and are domiciled there. 5. It is admitted that a Support Order was issued in Delaware County Family Court of New York and that the Support Order attached to Defendant's Preliminary Objections appears to be a correct copy of the Order. Otherwise, denied. 6. It is admitted that a custody conciliation was scheduled for April 11, 2007. However, in light of the Preliminary Objections filed by Defendant, the conference was not held. 7. Denied. By way of further response, Plaintiff argues that the UCJEA mandates that jurisdiction of this custody matter by assumed by the Court of Common Pleas of Cumberland County, Pennsylvania. 8. It is admitted that Father did not object to the entry of the Consent Agreement at the time it was entered into, which was in July 2000; however, domicile of the parties has since changed. Otherwise, denied. 9. Admitted. 10. It is admitted that counsel for Father was not available when Counsel for Mother attempted to contact him regarding concurrence with the relief requested. By way of further answer, Counsel for Father does not concur with the relief requested. WHEREFORE, Plaintiff requests that this Honorable Court DISMISS Mother's Preliminary Objections, find Venue to be proper in Cumberland County Pennsylvania, and issue and Order allowing the scheduling of a Custody Conciliation Conference. Respectfully submitted, WOM-LA-W Michael A. Hynum, E q ire Supreme Court ID #8 2 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff mike. hynum(ZD-hynumpc.com I verify that the statements contained in the foregoing ANSWER TO PRELIMINARY OBJECTIONS IN RESPONSE TO COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: L1114167 MICHAEL A. HYN TTORNEY FOR PLAINTIFF, RU ELL PENTZ CERTIFICATE OF SERVICE On this day of April, 2007, 1 certify that a copy of the foregoing ANSWER TO PRELIMINARY OBJECTIONS IN RESPONSE TO COMPLAINT FOR CUSTODY was served upon the following Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Jessica Holst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 q ire Michael A. Hynum, E?s Supreme Court ID #85"2 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff mike. hynum _hynumpc.com _? "'i1 -° __..( "'t',';. .rte ....-, _-r? ?? - =-r- ? ; ?y? C -. Rx Date/Time MPY-30-2007(WED) 14:47 P.002 'a5-30-'07 14;43 FROM- T-583 P002/009 F-407 V RUSSELL R. PENTZ, IN TB E COURT OF COMMON PLEAS Plaintiff, V. : NO. 07-1189 CIVIL TERM KATBUEN A. DOTOLO, CUSTODY Defendant ORDER JUN 2 2 2007 P41 AND NOW. this z 2, *J day of June 2007, both parties and their counsel, have agreed to the terms set forth in this Order, and as a result, it is hereby ORDERED, ADJUDGED and DECREED that the custody of the parties' minor child, Alexandra Fe Pentz, born June 9, 1999, shall be as follows: 1. The parties shall share legal custody of Alexandra as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Alexandra, including but not necessarily limited to, Alexandra's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Alexandra, keeping in mind Alexandra's best interest being paramount. Each party agrees not to attempt to alienate Alexandra's affections from the other party, and neither party shall make disparaging remarks about the other in Alexandra's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Alexandra that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be Rx Date/Time MRy-30-2007(WED) 14;47 "05-,30-'07 14.43 FROM- P. 003 T-583 P003/009 F-407 made, the parent having physical custody of Alexandra at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning Alexandra, and to receive any and all relevant reports or other written information generated by such individuals concerning Alexandra, and a copy of this Order shall act as authority to any such professional to release information regarding Alexandra to either parent, upon request. 2. Mother shall have primary physical custody of Alexandra while Father shall enjoy partial physical custody as set forth herein. 3. Father's periods of partial physical custody shall be as follows: a. During the academic year: i. Alternating weekends from Friday evening through Sunday evening. The parties shall determine the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of the parties. ii. On one of Father's alternating weekends (i.e. approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will be responsible for helping Alexandra complete all homework Rx Date/Time MAY-30-2D07(WED) 14:47 "05.-30-'07 14:43 FROM- P. 004 T-593 P004/009 F-407 assignments due the next day and will ensure that Alexandra is delivered to school at the appropriate time on Monday morning. iii. The Wednesday evenings following Mother's custodial weekends, Father will have a custodial period with Alexandra until 7:30 p.m. iv. If Father's weekend includes a Monday or Friday holiday when Alexandra will be out of school, and if Father is able to spend the extra day with Alexandra, he may extend his weekend custodial period to include the day off of school. If Father's work schedule does not allow, or he is otherwise unable to exercise custody for the additional day, the standard custody schedule shall apply. b. During the Summer i. Alternating weekends from Friday evening through Sunday evening. The parties shall determine the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of the parties. ii. On one of Father's alternating weekends (i.e. approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will ensure that Alexandra is delivered to her Summer Camp program at the appropriate time on Monday morning. Rx Date/Time MRY-30-2007(WED) 14:47 '05,-30-'07 14:43 FROM- P. 005 T-583 P005/009 F-407 iii. The Wednesday evenings following Mother's custodial weekends, Father will have an overnight custodial period with Alexandra until Thursday morning when Father will ensure that Alexandra is delivered to her Summer Camp program at the appropriate time Thursday morning. c. Such other times and dates as the parties may from time to time mutually agree. 4. SummerVacation and Holidays a. Both parties shall be entitled to one uninterrupted week of vacation with Alexandra. Both parties will ensure that their week of vacation includes the parent's normal custodial weekend unless otherwise agreed by the parties. b. The party exercising the week of custody will provide the other party with thirty (30) days' notice of the week being requested. c. The parties will work together to ensure that their requested vacation periods do not conflict. d. Christmas L In 2007, Alexandra will be with Father on Christmas Eve from the time Father is out of work until 8:00 p.m, at which time Alexandra will return to Mother's custody. Mother will use the remainder of the Winter Break as her week of vacation with Alexandra. ii. In future odd-numbered years: Rx Date/Time MRY-30-2007(WED) 14:47 `05-30-'07 14.43 FROM- P. 006 T-583 P006/009 F-407 1. Alexandra will be with Father on Christmas Eve from the time Father is out of work until 8:00 p.m. at which time Alexandra will return to Mother's custody. 2. Alexandra will remain with Mother until December 30a` at 7:00 p.m. 3. Alexandra will return to Father's custody from December 30`h at 7:00 p.m. until January V at 7:00 p.m. iii. In future even-numbered years: 1. Alexandra will be with Mother on Christmas Eve from the time Mother is out of work until 8:00 p.m. at which time Alexandra will go to Father's custody. 2. Alexandra will remain with Father until December 27m at 7:00 p.m. 3. Alexandra will return to Mother's custody from December 27a` at 7:00 p.m. until the end of the Winter Break. e. Easter - Alexandra will spend each Easter with Mother. f. Mother's Day will be spent with Mother. g. Father's Day will be spent with Father. h. Thanksgiving - Alexandra will spend the Thanksgiving holiday with Mother in even numbered years and with Father in odd numbered years. i. Memorial Day - Alexandra will spend Memorial Day with Father. j. Labor Day - Alexandra will spend Labor Day with Mother. Rx Date/Time MRY-30-2007(WED) 14.47 05, 30-' 07 14 : 43 FROM- P. 007 T-583 P007/009 F-407 k. Both parties agree that on New Year's, July 40' and Halloween, they will determine, by mutual agreement, where Alexandra will celebrate these holidays. 1. Both parties agree that they will determine, by mutual agreement, where Alexandra will spend her birthday. m. Both parties understand and agree that schedules for Holidays, Birthdays, Special Days and Vacation supersede the routine schedule. n. The holidays of Easter, Mother's Day, Memorial Day, Father's Day, Labor Day and Thanksgiving are presumed to begin at 5:00 p.m. the evening prior to the holiday and end at 7:00 p.m. the day of the holiday unless otherwise stated in this agreement or altered by mutual agreement of the parties. 5. The parties agree that if either party takes Alexandra out of town for twenty-four (24) hours or longer, the non-custodial parent will be provided with an address where Alexandra will be staying and an emergency contact number. 6. Transportation: The parties will share equally the transportation for all custody exchanges. Both parents shall share cell phone numbers for each other and shall communicate with each other in the event of problems or delays in transportation. If the parties cannot establish a mutually satisfactory plan for transportation during the exchanges, the receiving party shall provide the transportation. Rx Daze/Time MR'S-30-2007(WED) 14:47 "05-30-'07 14;43 FROM- P. 008 T-583 P008/009 F-407 7. Both parties shall be entitled to reasonable telephone access to Alexandra while she is with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to Alexandra. 8. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Alexandra or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 9. Both parties agree to immediately notify the other of any changes of address or telephone number. 10. Both parties agree that neither will move Alexandra from a fifty (50) mile radius of their current address without the written consent of the other parent or the order of Court. 11. This Court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate court. Distribution: Michael Hynum, Esq., 315 Bridge Street, :,4(essica Holst, Esq., MidPenn Legal Serv' _ .4?? ? 401 E. Louther St., Carlisle, PA 17013 CIJ -D r :.L ^r ' ' C? Cy taA N __ ? .r S F"' ? rr ? V The parties agree that the above Agreement shall be entered into an Order. Kathleen A. Dotolo, Defendant Michael A. Hynum, Esq?ire? 315 Bridge Streets ?// New Cumberland, PA 17070 J ifa`C.D.11olst, Esq. dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Russell R. Pentz, Plaintiff JUL 0 6 2007 RUSSELL R. PENTZ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-1189 CIVIL ACTION - LAW KATHLEEN A. DOTOLO IN CUSTODY Defendant ORDER AND NOW, this 2d day of July, 2007, the Conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. Accordingly, the Custody Conciliation Conference will not be rescheduled. FOR THE COURT: By: -- Dawn S. Sunday Custody Conciliator t 10 Z ,1d g- EN LOOZ CIL- Kathleen A. Grabowski, : IN THE COURTS OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO 07-1189 CIVIL TERM Russell R. Pentz, :CUSTODY Defendant EMERGANCY PETITION TO MODIFY CUSTODY FOR PRIMARY PHYSCIAL AND LEGAL CUSTODY 1. The Plaintiff is Kathleen A. Grabowski (formally Kathleen A. Dotolo) residing at 143 W 2nd St Corning, NY 14830. Attached as Exhibit "A" 2. The Defendant is Russell R Pentz residing at 2101 Cedar Run Dr. Camp Hill, PA 17011 3. The parties are the natural parents of one (1) minor child, Alexandra F. Pentz, born June 9, 1999, currently residing at 143 W 2°d St Corning, NY. 4. The child was born out of wedlock. 5. The Plaintiff now desires to have this petition entered as an Order of Court as it is believed that the terms of the petition will best serve the interests of the aforesaid child. 6. The Plaintiff and the Defendant had reached an agreement (verbal) allowing the Plaintiff to relocate with the minor child to the State of New York, to the city of Corning. The minor child had lived in Corning with the Plaintiff prior to Pennsylvania. The custody order was switched from New York to Pennsylvania in 2007. 7. The Defendant has exhibited extreme behaviors and actions that have been determined by the Plaintiff to be harmful to the minor child. a. The Defendant has made statements that he is planning to kidnap the minor child from the Plaintiff. b. The Defendant has left the minor child alone at his residence c. The Defendant has left the minor child alone in his vehicle while he entered a bar. d. The Defendant has left the minor child unsupervised in public places e. The minor child has health, educational, and emotional needs that have not been appropriately addressed by the Defendant f. The Defendant has exhibited consistent inappropriate role model behavior by excessively drinking alcohol during scheduled visitation with minor child. The Defendant has been arrested and convicted of DUI and Assault within the last 18-24 months. Attached as Exhibit "B" g. The minor child has suffered due to the Defendant's arbitrary environment created by this behavior. Attached as Exhibit "C" h. The minor child has been manipulated by the Defendant. 8. And Order of Court was signed by the Honorabl_ on June 25, 2007. A copy of that Order is attached as Exhibit "D" WHEREFORE, Plaintiff respectfully requests that the Court grant primary legal custody to the Plaintiff and continue granting primary physical custody to Plaintiff with visitation to Defendant as defined in Exhibit "E" (copy attached hereto) Respectfully submitted, njgrn ?/A , .. /-I I iAt-huw 114 " I ly.?p By: Kathleen A. Grabowski Plaintiff 143 W 2nd St Corning, NY 14830 MARRIAGE CERTIFICATE License Number: L-16-315 1, MAYOR JACK C. RITTER hereby certify that on December 14, 2008 at MECHANICSBURG BOROUGH BRADFORD LEE GRABOWSKI and KATHLEENANNE DOTOLO were by me united in marriage, in accordance with license issued by the Clerk of the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania. Certified from the record January 2, 2009 MAYOR JACK C. RITTER Clerk of the Orphans' Court Division Officiant COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CP-21-CR-2901-2007 CHARGE: 1,1 DRIVING UNDER THE INFLUENCE 3802A1 2) DRIVING UNDER THE INFLUENCE 3802B RUSSELL RAY PENTZ AFFIANT: CPL. RICHARD TAMANOSKY AGENCY: LOWER ALLEN TOWNSHIP IN RE: FINAL ARD DISPOSITION ORDER AND NOW, this 24th day of February, 2009, upon representation by the Probation Office, the defendant has completed participation in the ARD Program. BY THE COURT, M.L. ert, J. Office of District Attorney Edward Spreha, Esquire Adult Probation S a,y?a? IjMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-2901-2007 CHARGE: 1) DRIVING UNDER THE INFLUENCE 3802A1 2) DRIVING UNDER THE INFLUENCE 3802B AFFIANT: CPL. RICHARD TAMANOSKY RUSSELL RAY PENTZ AGENCY: LOWER ALLEN TWP. PD IN RE: FINAL CHANCE ARD ENTRANCE AND LICENSE; SUSPENSION ORDER OF COURT AND NOW, this 1st day of August, 2008, upon the motion of the District Attorney having no objection to dismissal and expungement, of the above charges including any which were nolle prossed to the captioned case, upon successful completion of the program, and the defendant having stated his desire to participate in the program; IT IS HEREBY ORDERED AND DIRECTED that the defendant is accepted into the ARD Program. The defendant having waived his ?P.R.Crim.P. 600 Rights during the period of enrollment in the program hwaer X i'?\ fJ? IAA accepted and further proceedings on the charges are pos p edidur `the -ip --- c-a term of enrollment; ; D IT IS FURTHER ORDERED AND DIRECTED that the defendant's., 0 Pennsylvania driver's license is hereby suspended for a'period of 30 days effective this date. The Clerk of Courts is directed to submit the same to the Department of Transportation and/or notify the Department of Transportation of this suspension. Defendants possessing an out-of- state driver's license will have their Pennsylvania operating restrictions addressed by PennDOT via future written communications; COMMONWEALTH V. RUSSELL RAY PENT.Z, CP-21-CR-2901-2007 FURTHER, the defendant having agreed to accept the following conditions, it is hereby ordered and directed that the defendant comply with the following stated conditions: 1. To pay the required ARD fee and costs, including, preassessed supervision fees in a total amount of $210. 2. To attend the DUI school and counseling as recommended. 3. To submit to urine tests for drugs and alcohol, and to pay for same as requested by Probation Office. 4. To not drive any motor vehicle during the period of ARD license suspension. The defendant acknowledges that if he is convicted for Driving Under Suspension (DUI-Related) the Court will impose a mandatory penalty of 60-90 days in prison and a $500.00 fine. 5. To not violate any Federal, State or Local Laws during the period of enrollment in the ARD Program which will be a minimum of six months. 6. To pay any restitution as set by the District Attorney's Office or the Probation Office. 7. To complete Community Service as directed by the District Attorney's Office. 8. To immediately notify the Probation Officer of any address change. The defendant acknowledges that in the event notice of any hearing is sent to the defendant's last known address and the defendant shall, thereafter fail to appear, he will be removed from the ARD Program and his case listed for formal arraignment and trial. IT IS FURTHER ORDERED AND DIRECTED that failure to comply with any of the above conditions may result in the defendant's revocation from the ARD Program, the amendment of the aforesaid suspension order, and full prosecution of the charges as provided by law. John C. Dailey Senior Assistant District Attorney Edward Spreha, Esquire Attorney for Defendant Nicole Galbraith, Probation Officer Clerk of Courts By the Court, J. EXPUNGEMENT DATA DOB: 08/01/69 SS#: 191-60-6361 D.J. DISTRICT #: 09-1-01 D.J. DOCKET #: CR 388-07 OTN #: L373781-2 DATE OF OFFENSE: 09/15/07 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CP-21-CR-2901-2007 CHARGE: (3) HARASSMENT (Summary) RUSSELL RAY PENTZ OTN: L373781-2 : AFFIANT: CPL. RICHARD TAMANOSKY IN RE: GUILTY PLEA & SENTENCE; ORDER OF COURT AND NOW, this 1st day of August, 2008, the defendant having appeared in open court together with counsel and having tendered a plea of guilty at Count 3 to a charge of Harassment, a summary offense, his plea is accepted and recorded. The defendant having presented himself for sentencing in this case, the sentence of the court is that the defendant pay the costs of prosecution and a fine of $150.00. By the Court, M. L. Bert, Jr., N ' At!? q- I- Michelle H. Sibert, Esquire Chief Deputy District Attorney = we` Edward F. Spreha, Jr., Esquire For the Defendant c -Y :5 -` Probation Office Sheriff a . mt f? lo U i C.? t`n S e? Y L C? ? t. Docket Number of Final Issuing Authority 2. Common Pleas Docket Numbberr 3. State Identification Number ? OTN L 373781-2 CR-000088-07 `• vvv??5 v 24 24745601 3. Final Issuing Authority/to be completed by Final Issuin Authority 5. Transferred from Initial Issuing Authority - plr.T NO -- CHARLES A. CLOT, JR 09 1 01 7 6. Name and Address (Last Name First) 7. Date of Transfer 8. Docket No. of Initial Issuing Authority CR-0000388-07 DD PENTZ, RUSSELL RAY 9. Affiant Who Signed Complaint (Name and Address) 1709 CARLISLE ROAD RICHARD J. TAKKNOSRY II F CAKP HILL, PA 17011 LOWR ALLEN TWP PD N 1993 HUMli[EL AVE D CAMP HILL, PA 17011 N 10. Date of Birth 11. Se i2. rlace 13. Operator License Number ta.State 15. ORI 16. OCA ge Number/Officer I. D. T 0 01 69 M 22321235 PA PA0210600 M026401A 7 18. Date of Arrest 19. Date Complaint Filed 20. Summons Date Issued 21 Warrant 22. Summons Returned MM DD YY 2 aieiminary Arraignment 24 Time z5 Date Waived to Court MM DD YY MM DD YY 09 Ili 10 or Citation Issued MM DD YY or Filed 091 16107 MM DD YY MM DID YY 1 I . 1At DD YY 091 161M -.03A 6. Prefim.Hear./Sum.Trial 27. Address of Preliminary Hearing/Summary Trial Date Set For 32 33. 11 07 07 400 BRIDGE ST, NEW CUMBERLAND, PA 17070 . Preliminary C O Hearing N 2 8. Description of Charges On. Char. Grading 2ba enbPbate YY 30. ecoon an uDSection 31. Disposition MM DD YY T. ASSAULT M2 09 15 7 CC270 Al DIS 11 07 07 SARASSMEET - SUBJECT OTHER TO PHYSICAL S 09 15 07 EMT 10 24 07 C Q: GEN VKP I F DRIVING L 09 15 07 C380 10 11 7 D III: HIGH RTE OF ALC BAC .10-.16 M 09 15 07 C3802B HDCT 09 20 07 Advised of His Right Yes No 34 Public Defender Yes No 35 36. Application Provided Yes No the where MM Date DD YY k m did I i A h wi na . o Apply for Assignment . Requested by the for Appointment of y, ma ssu ng e thin med o a reasonable effop-to settle the difference u between the Def t and the- )f Counsel? Defendant? Public Defender? Complainant on: • ?..,r 38. Codefendants Name 39.51 N 38. Codefendants Name --+ 39. T N t a _.,, c 40.Enter'C for witness 41.Witnesses Names and Addresses and Names and Addresses of persons , - a2. 44. for complainant Enter''for Witness (not more than 2), Defendant wishes to be Notified for trial . y .?? Sworn Testified Persons for Defendant t ' e) C:.",, ... to te wtfied C 709 17011 C SANTIAGO EATSY 100 WHEATLAND RD LEMISBERRY PA 17339 =--4-'' f, I Cn - CTT Attorne `s Name and Address for: 48. I.D. No. 5. Commonwealth 46. Complainant 47. Defendant SPRMA JR, ESQ. , EDWARD F. Z Private 2233 E. FRONT ST, 76661 HARRISBURG, PA 17110 Other 19. Date of Decision Amount 52. Judgment of Sentence MM DD YY 50. Fines 51. Costs $ .0 $ .0 BAL: $ .00 Name and Address of Corporate Sure and Agent or Individual Surety-Preliminary Arraign ent Bail at Preliminary Arraignment 56. Date Bail Posted 3.Type 54. Amount 5 ?ate?g YY **SZE CURRENT BAIL INFORMATION PAGE** MM DD YY Name and Address of Corporate Sure and Agent or Individual Surety- Prelim inaHearin Current Bail/Bail at Prelimina Hearin Dae Bail Posted 7.Type S 58. Amount 5?date DS YY * *$$$ C ENT BAIL INFORMATION PAGE* * L DD YY it. If Committed Date 62.Code 53. Place of Commitment tta --?. p 1 1 1 09 16 07 C CUMBERLAND CO PRISON CARLISLE COPY:CLERR OF COURTS Certified this ! f1 day of to 154-.-Date 4o ransctript Sent j? MM DD YY My commission expires first Mo of an r 11 08 07 '?, ??: 1, the above named Issuing Authority ceftVy that this OPC 501A-99 DATE PRINTED11/08/07 8:11:56 AM and correct Transcript of the Docket. COMMONWEALTH OF PENNSYLVANIA POLICE CRIMINAL COMPLAINT COUNTY OF: Cumberland > COMMONWEALTH OF PENNSYLVANIA Magisterial District Number: 09-1-01 - o VS. MDJ: Hon Charles A Clem ent Jr DEFENDANT: (NAME and ADDRESS): . . Add . I Russell RAY Pentz ress: 400 Bridge ST 1709 Carlisle RD New Cumberland, PA 17070-1927 h T l II Camp Hill, PA 17011 ff J e ep one: (717)774-5989 L? NCtC Extradition Code Type ? 1-Felony Full ? 4-Felony No Ext. ? B-Misdemeanor Limited ? E-Misdemeanor Pending ? 2-Felony Ltd. ? 5-Felony Pend. R C-Misdemeanor Surrounding States ? 3-Felony Surrounding States ? A-Misdemeanor Full ? D-Misdemeanor No Extradition Distance: miles DEFENDANT IDENTIFICATION INFORMATION RACE ETHNICITY Docket Number Date Filed OTN/LiveScan Number Complaint/Incident Number ? Hispanic CR-0000388-07 9-16-07 L373781-2 ILAT2007-09-00860 ® White D ® Non- OB 811/1969 POB KITTANY, PA ? A i n s a Hispanic Add-1. DOB SSN Add'1 SSN ? Black ? Unknown 191-60-6361 GENDER AKA tiv N ? a e American ® Male HAIR COLOR ? GRY (Gray) ? RED (Red/Aubn.) EYE COLOR ? Unknown ? Female ? BLK (Black) ?ONG (Orange) ? BLN (Blonde/ ? GRN (Green) ? PNK (Pink) Strawberry) ? PLE l ? BL Bl P ? BLK B Y ? G ? SID: 247-45-60-1 urp ue) ( e) U ( ? BRO (Brown) ?PNK (Pink) ? WHI (White) ( lack) R (Gray) MUL (Multicolored) BLU (Blue) ®HAZ (Hazel) Request rv?ces ? Yes ? No ? GRN (Green) ? SDY (Sandy) ® XXX (Unk./Bald) ? BRO (Brown) ? MAR (Maroon)[] XXX (Unknown) Driver License State PA License Number 22321235 Expires 8/212010 WEIGHT (lbs.) DNA ? Yes E] No DNA Location 185 FBI Number 654851 LB3 MNU Number tL HEIGHT in. Fingerprint ClassiTication: 5 8 DEFENDANT VEHICLE INFORMATION Plate # EZX0617 State PA I Hazmat ? ti El . El S cker (MMIYY) Vefi Ind. Veh Veh. Code VIN 5N1ED28Y11C562680 Year 2001 Make Nissan Model Xterra Style SUV C(gffirck Office of the attorney for the Commonwealth ? Approved ? Disapproved because: (The attorney for the Commonwealth may require that the complaint, arrest warrent affidavit, or both be approved by the attorney for the Commonwealth prior to filling. See Pa.R.Crim.P. 567). (Name of Attorney for Commonwealth-Please Print or Type) (Signature of Attorney for Commonwealth) (Date) 1, Corporal Richard Tamanosky 1824 (Name of Affiant-Please Print or Type) PSPIMPOETC -Assigned Affiant ID Number & Badge # of Lower Allen Twp PA0210600 _ (Identify Department or Agency Represented and Political Subdivision) (Police Agency or ORI Number) do hereby state: (check appropriate box) 1. ® 1 accuse the above named defendant who lives at the address set forth above ? 1 accuse the defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at _ (Place-Political Subdivision) 1709 CARLISLE RD, Camp Hill, PA 17011 in Lower Allen Township, Cumberland County on or about 9115/2007 10:45 PM Page 1 of 8 POLICE CRIMINAL COMPLAINT Docket Number.- - CR-388-07 Date Filed: 9-1, OTN/LiveScan Number L373781-2 Complaint/Incident Number LAT2007-09-00860 Defendant Name Russell RAY Pentz The acts committed by the accused are described below with each Act of the Assembly or statute violated, if appropriate: (Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) violated, without more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated.) Inchoate Attempt Solicitation Conspiracy Al A2 B Permitting (Title 75 Only) Offense ? 18 901 A ? 18 902 A 18 903 ? (Engaging) ? (Aiding) ? (Knowledge) 75 1575 A ® 1 2701 al of the 18 1 M-2 13B Lead? Offense # Section Subsection Title Counts Grade NCIC Offense Code UCRINIBRS Code PennDOT Data (if applicable) Accident Number 7-0 Safety Zone E] Work Zone Statute Description/Acts of the accused associated with this Offense: 18, 2701 a1 attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; Pentz attempted to cause Moser bodily injury by pushing her, choking her, and hitting her in the face and head. 18, 2709 a1 strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same; Pentz, with the intent to harass, annoy, or alarm Moser, pushed, choked, and hit her. Offense ? Attempt ? Solicitation Conspiracy ? 18 901 A 18 902 A 18 903 Al El A2 ? B [3 permitting (Title 75 Only) ...,..,.,. i rn :.1:..,. nt.,.,,.do.a.,a 3802 l al I of the I 75 M Lead? Offense # Section Subsection Title Counts Grade NCIC Offense Code UCR/NIBRS Code PennDOT Data (if applicable) Accident Number ? Safety Zone ? Work Zone Statute Description/Acts of the accused associated with this Offense: 75, 3802 a 1 An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. Pentz operated a motor vehicle while under the influence of alcohol to the degree that he was incapable of safe driving. Page 2 of 8 Ltldu r Offense # Section Subsection Title Counts Grade NCIC Offense Code UCR/NIBRS Code PennDOT Data Accident Number (if applicable) 7-0 Safety Zone ? Work Zone Statute Description/Acts of the accused associated with this Offense: POLICE CRIMINAL COMPLAINT Docket Numbers Date Filed: OTN/LiveScan Number Complaint/Incident Number CR-388-07 9-16-07 L373781-2 LAT2007-09-00860 Defendant Name Russell RAY Pentz Inn Onse cchho to ? Attempt ? Solicitation Conspiracy 1:1 Al El A2 ? B E] Permitting (Title 75 Only) 18 901 A 18 902 A 18903 (Engaging) (Aiding) (Knowledge) 75 1575 A ? 4 3802 b of the 75 1 M Lead? Offense # Section Subsection Title Counts Grade NCIC Offense Code UCR/NIBRS Code PennDOT Data Accident Number (if applicable) ? Safety Zone ? Work Zone Statute Description/Acts of the accused associated with this Offense: 75, 3802 b High rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. Pentz operated a motor vehicle with a BAC of .151 % Page 3 of 8 POLICE CRIMINAL COMPLAINT tAx Docket Number: CR-388-07 Date Filed: 9-16-07 OTN/LiveScan Number L373781-2 Complaint/Incident Number LAT2007-09-00860 Defendant Name Russell RAY Pentz 2. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. 1 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.§4904) relating to unsworn falsification to authorities. 4. This complaint is comprised of the preceding Page, as well as the attached pages that follow, numbered 1 through 6 , specifying offenses and Participants, if any. The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, the affidavit of probable cause must be completed, sworn to before the issuing authority, and attached.) (,? ... u (Date) (Signature of Affiant) nd verified. An AND NOW, on this date, 9-16-0;?etecl I c e complaT77 affidavit of probable cause must be in order for a warre09-1-01 (Magisterial District) Page 4 of 8 POLICE CRIMINAL COMPLAINT Docket-ft nber: Date Filed: OTN/LiveScan Number Complaint/Incident Number CR-388-07 9-16-07 L373781-2 LAT2007-09-00860 Defendant Name Russell RAY Pentz AFFIDAVIT of PROBABLE CAUSE On 9-15-07 at approx. 2300 hrs., we were dispatched to 1709 Carlisle Rd., Camp Hill, Lower Allen Twp. for an active domestic. When Cpl. Williams and I arrived on-scene, we met with Debra Moser inside her home. Moser had a swollen upper lip and redness around her neck. She stated that she had been assaulted by her boyfriend, Russell R. Pentz, who lives with her. According to Moser, she and Pentz began to argue in the bedroom, after she returned from being out tonight. She told Pentz to get out of the bed, and he responded by saying "I'm going to tell you what I'm going to do." He then got up and took Moser to the ground, where he put both his hands around her neck. Moser stated that she had trouble breathing, because of Pentz choking her and holding her down. According to Moser, Pentz also struck her multiple times in the face and head. She asked him to stop, and he finally did, after she said "Please, your hurting me." Moser explained that Pentz then went down the steps with her cell phone, and knocked over a vase, before leaving out the front door. Once outside, he threw down her cell phone, and then drove away in his 2001 Nissan Xterra PA/EZX0617. Moser stated that Pentz had been drinking, and was drunk. The shattered vase and its contents were still on the floor inside the front door where we were speaking with Moser. Kathy Santiago, Moser's friend, had come to the residence to stay with her for awhile, and she was still there when I left the home. Moser had told me that Pentz may have gone to the Brewhouse Bar, so I checked there and at the other bars in the Township for PentZs vehicle. 1 did not locate it. At approx. 0007 hrs., we were dispatched back to Moser's residence for Pentz being back at the house. This was called in by Santiago who had just left, and saw Pentz drive by her in his vehicle. I was on-scene within 30 seconds, and Moser answered the door when i knocked. I entered the home, and placed Pentz under arrest at approx. 0010 hrs. Pentz had bloodshot glassy eyes, and he had the strong odor of an alcoholic beverage on his breath. I placed him in the back of my patrol car, and advised him of his Miranda Rights. He indicated that he understood his rights. While transporting Pentz to the Cumberland County Prison, I asked him how much he had to drink, and he answered "too much." I also asked him his take on what happened with Moser tonight, and he admitted to pushing her off the bed, and then to pushing her onto the bed twice when she wouldn't move out of his way. When we arrived at the prison, 1 read Pentz the Implied Consent Form, and he and I both signed it. Pentz did submit to the Intoxi(yzer 5000, and the result was a BAG of .151% I feel that is information substantiates the charges which are being brought at this time. I, Corporal Richard Tamanosky , BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. Sworn to me and subscribed before me this (Si nature of Affia ) day of Page 5 of 8 POLICE CRIMINAL COMPLAINT DockeFNumber: Date Filed: OTN/LiveScan Number L373781-2 Complaint/Incident Number - LAT2007-09-00860 F Defendant Name Russell RAY Pentz Date Magisterial District Judge My commission expires first Monday of January, Page 6 of 8 Repgrt:Date 1/08/07 ?CURRENTIB IL INFORMATION System Date11/08/07 ' ` - l k 'j 9 $ f Report Id: CSS25R Defendant Name: PENTZ, RUSSELL RAY {I r Time: 8: 11 Mag. Dist. No.: 09-1-01 Docket Number: CR-0000388-0T- Last Bail Action: BMOD Date: 10/22/07 TimeX2:30PM Current Set Amount: $ 10.000.00 Date: 09/16/07 Common Pleas Court Order Number: Event- Type:ARRAIGIDUM Date: 09/16/07 Time: 8:03AM Release Type 1: MONETARY BAIL Release Type 2: Monetary Release Type: STRAIGHT BAIL Bail Bond Signed: 1W Date: 10/22 /07 Time: 8:15AM SURETY SURETY NAME AND ADDRESS SECURITY POSTED PAID IN TYPE TYPE AMOUNT AMOUNT BDMN 1 BIICKLBY, JAMBS J $Q$I 10,000.00 LAST LAST LAST LAST SURETY RECEIPT RECEIPT RECEIPT TYPE NUMBER DATE AMOUNT LAST LAST SURETY REFUND TYPE DATE Nominal/Unsecured Surety: Release Conditions in Addition to Bail Bond Conditions: II Domestic Violence Conditions Imposed? NO- Bail Forfeiture Amount: $ Date of Execution of Forfeiture: Bail Forfeiture Set Aside Amount: $ Reason for Last Bail Action of:Qp LinWnTTT0XM nWT,WT$D AT 7! Q= q#r OF AT T 1!GZD RTT TT _ D8B MOSER. WTTA OF ' S ppg0V L _ [, LAST REFUND CHECK NUMBER M:J V JM' V / COPY: CLERK OF COURTS PRINTED: 11/08/07 8:11:56 AM 3AIL BOND L 373731-2 MUJ NO: 09-3-04 Date of Charge(s): 9/15/07 CG No: MDJ Docket No: MD-0000102-07 Commonwealth vs. (Defendant Name and Address) PENTZ RUSS39LL RA NEXT CO RT ACTION Date/ Time/ Location y , Y 9 20/07 9:OOAM 1709 CARLISLE ROAD 400 BRIDGE ST CAMP HILL, PA 17011 OLDS TONNE COMMONS -SUITE 3 NEW CUMBERLAND, PA 17070 CHARGE(S): S 18 92701 $SA1 SIMPLE ASSAULT HARASSMENT/DUI [DV] ADDITIONAL CHARGES MAY EXIST. PLEASE SEE ADDITIONAL CHARGES PAGE. TYPE(S) OF RELEASE: 1771 ROR ? Unsecured Bail IN Nonmonetary Condition(s) (see additional page(s)) ? Nominal Bail ® Monetary Condition(s) in the amount of $ 10,000.00 STRAIGHT THE CONDITIONS OF THIS BAIL BOND ARE AS FOLLOWS: 1. The defendant must appear at all times required until full and final disposition of the case. 2. The defendant must obey all further orders of the bail authority. 3. The defendant must give written notice to the bail authority, the clerk of courts, the district attorney, and the court bail agency or other designated court bail officer, of any change of address within 48 hours of the date of the change. 4. The defendant must neither do, nor cause to be done, nor permit to be done on his/her behalf, any act as proscribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.C.S. §§ 4952 4953. , 5. The defendant must refrain from criminal activity. verify that va ?nrifrti.,.,o of hail h??.?, Signature My commission expires first Monday of January, Cash/Equivalent ? Gov't Bearer Bonds ? Realty w/in Commonwealth ? % Cash ?Surety Bond ? Realty outside Commonwealth -OTAL AMOUNT BAIL SET (IF ANY): $ 10 , 000.00 (see sureties page) BAIL DEPOSITOR(S): Depositor Name Amount This bond is valid for the entire proceedings and until full and final disposition of the case including all avenues of direct appeal to the Supreme Court of Pennsylvania. AGREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. iIS BOND SIGNED ON PENNSYLVANIA (Signature of Defendant) Signature of Witness (Surety) (Surety) PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION. OPC 414A1-06 PRINTED: 9/16/07 9:36:34 AM 0'7r 1 1/2,iJ0 09: 57 BAIL_ BONG 1 1 ? 7 J! ?i^ I J DISTRICT C0LRT 091 4 PAGE 25 OTN L 373781-2 MDJ No: 09-3-04 Date of Charge(s)- 9/15/07 CC No; MDJ Docket No: KD-0000102-07 Commonwealth vs. `(Defendant Name and Address) NEXT CO RT ACTION Date/ Time/ Location y PENTZ, RUSSELL RAY 20/07 9 t 00AM 9 1709 CAYLISLE ROAD 400 BRIDGE ST CAMP HILL, PA 17011 OLDS TOWN COMMONS -SUITE 3 ----- --- -- MW CUKEERLLRD, FA 17070 - - -- CHARGE(S): S 18 12701 9NA1 SIMPLE ASSAULT HARASSKMff DUI [DVI ADDITIONAL CHARGES MAY EXIST. PLEASE SEE ADDITIONAL CHARGES PAGE. TYPE(S) OF RELEASE: El ROR (7 Unsecured Bail N Nonmonetary Condition(s) (see additional page(s)) O Nominal Bail ® Monetary Condition(s) in the amount of $ 10, 000.00 STBAIGST THE CONDITIONS OF THIS BAIL BOND ARE AS FOLLOWS: 1. The defendant must appear at all times required until full and final disposition of the case. 2. The defendant must obey all further orders of the bail authority. 3. The defendant must give written notice to the bail authority, the clerk of courts, the district attorney, and the court bail agency or other designated court bail officer, of any Change of address within 48 hours of the date of the change. 4. The defendant must neither do, nor cause to be done, nor permit to be done on his/her behalf, any act as proscribed by Section 4952 of the Crimes Code (relating to intimidation of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.C.S. §§ 4952.4953, 5. The defendant must refrain from criminal activity. I venty t? a co plops of bail nave T7vert-a Sea. My commission expires first Monday of January, I t Cash/Equivalent ? Gov't Bearer Bonds O Realty Win Commonwealth p % Cash ? Surety Bond ? Realty outside Commonwealth TOTAL AMOUNT BAIL SET (IF ANY): $ 1-0 go. 190 (see sureties page) BAIL DEPOSITOR(S): Depositor Name Amount This bond is valid for the entire proceedings and until full and final disposition of the case including all avenues of direct appeal to the Supreme Court of Pennsylvania. AGREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. rH15 50ND SIGNED ON (Surely) P_EA5E SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION. kOPC414A1-06 PRINTED1 9/16/07 9:36:34 Alit 09;,`16% 2a0 6`-i: 5. .1 1.x.6779 DISTF:ICT COURT 09-04 PtiGE 26 SURETY INFORMATION PAGE OTN L 373781-2 MDJ No: 09-3-04 Date of Charge(s): 9/15/07 CC No: MDJ Docket No: MD-0000102-07 Commonwealth vs. (Defendant Name and Address) NEXT COURT ACTION Date/ Time/ Location PMUZ, RUSSELL BAY 9/20/07 91OOAK 1709 CARLISLE ROAD 400 BRIDGE 8T i CAKP SILL, PA 17011 ODDS TOMM COMMONS -SUITE 3 j NEW CUMBERLAND, PA 17070 of $ L/ , the undersigned surety, have posted security In the amount TYPES OF SECURITY ? Cash/Equivalent ? Gov't Bearer Bonds D Realty w/in Commonwealth p % Cash (Surety Bond F? Realty Outside Commonwealth I I have read this information, and I acknowledge that 1, my personal representatives, successors, heirs and assigns are jointly and sever,311y bound with the defendant and any other sureties to pay to the Commonwealth of Pennsylvania the sum of $_ IEi? 111y1 which is the full amount of the monetary condition of release in the event the bail bond is forfeited. I understand that when a monetary condition of release is imposed, if the defendant appears at all times required by the court and satisfies all the other conditions set forth in the bail bond, then upon full and final disposition of the case, this bond shall be void. If the defendant fails to appear as required or to comply with the conditions of the bail bond, then this bond shall remain in full force, and the full sum of the monetary condition of release may be forfeited, the defendant's release may be revoked, and a warrant for the defendant's arrest may be issued. WARRANT OF ATTORNEY: RECOGNIZING THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS, INCLUDING THE RIGHT OF PREJUDGMENT NOTICE AND HEARING, in accordance with the law, I do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear for me at any 'time, and with or without declarations filed, and whether or not the defendant be in default, to confess judgment against me, and in favor of the Commonwealth of Pennsylvania for use of the county, and its assigns, during any term or session of a court of record of the county for the full amount of the monetary condition of release set forth on the first page of this bail bond, and costs. I understand that any real estate which I have posted as security in this case may be levied upon to collect the amount confessed. I waive and release any right of inquisition on that real estate, voluntarily condemn it, and authorize the Prothonotary, upon a Writ of Execution, to enter my voluntary condemnation. I also agree that any real estate posted by me in this case may be sold on a Writ of Execution. I hereby forever waive and release any and all errors which may arise in any proceeding to confess judgment in this case, waive all rights of stay of execution, and waive all laws now in force or laws passed in the future which exempt real or personal property from execution. Since a copy of this bail bond and warrant of attorney is being filed in the defendant's case; it shall not be necessary to file the original as a warrant of attorney, notwithstanding any law or rule of court to the contrary. I, 2 ftcl 2-- 54-Ki; Ce'f -, verify that the facts set forth in this form are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. Section 4904) relating to unswom falsification to authorities. %- -o ure ty. ,ignea in all D 91viallone. except AOR) ? r rrl4,e 6 - AV, «r??3 (SEAL) Refund of all bail (less any bail related fees or w and reasonable costs, if any. of administering the cash bail program) will be made within 20 days after full and final disposition. (I'a.R.Crim.P. 535) " Bring Cash Bail Receipt to Clerk of Courts or Issuing Authority. oPC414A5-os PRINTED.- 9/16/07 906:34 AK -'Sep. 16• 2007" 2:33PM" -CUMBERLAND COUNTY PRISON-`"-- No. 6654 rP, 4/4' COPJIA4101`1\1ULALTIi OF PENN SYLVAN 1A cuurq rY OF 0k?7 Ci9-3-•Q?: I,d6.! PWmC' Hen. TROW L. PL.xczy ndd?ess: 104 13 9PbPn.'XNC,d KILL VM ?clr.P''onc??/ ?{ I CvL"'4?3tf 17 050 RUSSELL R. PAS 2709 CARLIS ?LZ SZOXD C.lk-XP xxT'T. j VA 11011 Release Conditions; COMMLyNWSALTH ©F PENNSYLVANIA vs. DEFENDANT: root F!,e,ei AOrrtFSa; rP=z, nu3gLLL ;G&Y 7 1709 LIHLL ROAD CA" HILL, PA 17011 L _.I Dackc4 No.; MD-0000102-07 Date Filed: 9/16/07 L, 37378.-1 NO CONT2_CT DIRECT 01 IIMZ=CT nTn ALLEC,FED VICTIK. NOT TO E8 WITRIX 100 YA MS OF 1709 CARLISLE 103-D, PMWONAL ITDCS XAY BE PXCX= UP BY TRIED PARTY. PRIOR TO RE,UWZ PROOF OF RLTBRARTIVR LIVTNQ ?GS6[8lZTa KUST S1 PR.QV=WD TO C04RT . nomestic violence Conditions; REFRAIN FROM ENTERING THE RESIDENCE OR HOUSEHOLD OF THE VICTIM OR THE VICTIM'S PLACE OF EMPLOYMENT- REFRAIN FROM COMMITTING ANY FURTFIER CRIMINAL CONDUCT AGAINST THE VICTIM. ALL NQICD VICTrK WAY NOT POST SAIL. A21D M C0=1TIOITS M12Z AT 'EM aP PF,EL'='>alM Y HtA'RING MME08 EXTEELED BY COURT. 1 verify that the above ro itio i1 have been imposed- 2 t\iy Qurt,mic;ion expires first Monday of January, 2010 , 4+?? p1 C" i •' ! ' R t^'d DFTE imix Ep: 9/L6/a7 5:36:35 AM AOPC 731-Oq COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.- 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 CUMBERLAND CO PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 COMMITMENT COMMONWEALTH OF -- PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS 'PNNTZ, RUSSELL RAY 1709 CARLISLE ROAD CAMP HILL, PA 17011 L Docket No.: MD-0000102-07 Date Filed: 9/16/07 OTN: L 373781-2 44. Date of Birth: 8/01/69 SSN: 191-60-6361 I Charge(s): S 18 $2701 $$A1 SIMPLE ASSAULT/HARASSMENT/DUI [DV] 10 ANY AUTHORIZED PERSON of the above named County of this Commonwealth: You are hereby commanded to convey and deliver into the custody of the Keeper of the county prison the above named defendant. You, the Keeper are required to receive the defendant into your custody to be safely kept by you until discharged by due course of law for: ? A PERIOD OF DAYS UNTIL ® A HEARING AT Date: 9/20/07 Place:DISTRICT COURT 09-1-01 400 BRIDGE ST Time: 9:00 AM OLDS TONNE COMMONS -SUITE 3 NEW AZI)MB , PA-17070 U A FURTHER HEARING Date: Place: Time: r--, " COMMON PLEAS COURT ACTION ? OTHER: CURRENT AMOUNT OF BAIL: 10, 000.00 STRAIGHT BAIL COMMITMENT REASON: BALI, Z ? r Witness hand and of ial thi day of y., M . iste'r ?l ttlct Judge f commission expires first Monday o January, 2010 1 • ? tit, + AOPC 609-05 DATE PRINTED: 9/16/07 9:36:34 AM ?»-?? 09;"16; 206, 09: F 7 276-; y DISTRICT COURT 09304 PAGE 24 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND D,*t. NQ: 09-3-04 1ACJ Name: Non. THOXA.S A. PLACEY 104 S SPORTING SILL HD MECHANICSBURG, PA Telephone: (717) 761-8230 17050 CUXBZRLAND CO PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME er,d ADDRESS r-pMITZ, RUSSELL RAY 1709 CARLISLE ROAD CAMP HILL, PA 17011 L Docket No.: MD-0000102-07 Date Filed: 9/16/07 L 373781-2 Date of Birth: 8/01/69 SSN: 191-60-6361 S 18 51701 £5A1 SIXPLE ASSAULT/EARASSMENT/DUI [DV] -71 J To the Keeper of Prison in said County, You are hereby commanded to release the above named Defendant. if detained for no other cause than that mentioned in the attached commitment or other detainer of record, I hereby certify that this case has not been returned to court. REASON FOR DISCHARGE: Hearing to be held at: Date: Time: El Not Guilty of a Summary Offense Court case Dismissed Charges withdrawn by Prosecution Other Bail Posted. I hereby certify that the bail posted fully satisfies the monetary conditions set. ® When Bail is Posted. Witness my hand and official seal at my office _ Witness/Bail Authority RELEASE OF PRISONER AOPC602-o7 DATE PRINTED: 9/16/07 9:36:34 AN COMMONWEALTH OF PENNSYLVANIA COUNTY OF• CUMBERLAND Mag. Dist. No.' 09-3-04 MDJ Name: Hon. THOMAS A. PLACHY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 RUSSELL R. PENTZ 1709 CARLISLE ROAD CAMP HILL, PA 17011 Release Conditions: BAIL RELEASE CONDITIONS COMMONWEALTH OF- PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS rPENTZ, RUSSELL RAY -I 1709 CARLISLE ROAD CAMP HILL, PA 17011 L J Docket No.: MD-0000102-07 Date Filed: 9/16/07 L 373781-2+ NO CONTACT DIRECT OR INDIRECT WITH ALLEGED VICTIM. NOT TO BE WITHIN 100 YARDS OF 1709 CARLISLE ROAD, PERSONAL ITEMS MAY BE PICKED UP BY THIRD PARTY. PRIOR TO RELEASE PROOF OF ALTERANTIVE LIVING ARRANGES MUST BE PROVIDED TO COURT. Domestic Violence Conditions: REFRAIN FROM ENTERING THE RESIDENCE OR HOUSEHOLD OF THE VICTIM OR THE VICTIM'S PLACE OF EMPLOYMENT. REFRAIN FROM COMMITTING ANY FURTHER CRIMINAL CONDUCT AGAINST THE VICTIM. ALLEGED VICTIM MAY NOT POST BAIL. ABOVE CONDITIONS EXPIRE AT END OF PRELIMINARY HEARING UNLESS EXTENDED BY COURT. I verify th_t the above have been imposed. r? n L My commission expires first Monday of January, 2010 DATE PRINTED: 9/16/07 9:36:55 AM AC DC 731-06 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. kA? lit ?-rz OTN# CHARGE: 'r-) AFFIANT:1 (.. ?C _.. REQUEST FOR ARD CONSIDERATION AND NOW, this day of 1- 2007, the undersigned defendant in the above-captioned matter requests that these matters be continued for the purpose of being considered for entry into the Accelerated Rehabilitative Disposition (ARD) Program. I am aware of my rights to a speedy trial within 180 days of the filing of the criminal complaint if I am incarcerated, or within 365 days if I am not incarcerated, and that if I am not brought to trial within the appropriate period, I have the riclht to have the criminal charges dismissed. Further, I understand that prosecution of the charges will be postponed during my participation in the ARD Program and that the Commonwealth must be given the right to prosecute me if I am denied entry into or removed from the ARD Program sometime in the future. I understand that if I am denied entry into or removed from the ARD Program, any delay caused by participation in the administration of the ARD Program will not be counted against the Commonwealth for Rule 600 and constitutional speedy trial provision purposes. I agree that if my trial begins beyond the time period permitted by the rule and constitutional provisions, I will give up any right to claim the benefit of speedy trial and Rule 600 provisions for the time which I am in the ARD Program. Understanding the above, I agree to waive or give up my rights under Rule 600 for the time between the date of initial ARD consideration, as noted below, and removal from the program. MANDATORY DEFENDANT INFORMATION S.S.#. J L l - & 0 r DATE OF BIRTH: j DRIVERS NO.: ? J J35 Defen(4,aat's S-iqn4tur Attorney r0r Afendant Date AFFIANT RECOMMENDATION I recommend this defendant be approved d-isa pEs*e4. (circle one) for ARD. Comments (if you disapprove, state reason): Sig ature of Affiant? 1I'?, -C-) Date Rev. 5/07 COMMONWEALTH OF PENNSYLVANIA V. RUSSELL RAY PENTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SS#: 191-60-6361 DATE OF BIRTH: 8-1-69 OTN: L 373781-2 SUBPOENA TO APPEAR FOR FORKAL ARRAIt ' YOU ARE HEREBY ORDERED AND SUBPOENAED TO APPEAR, before the Court of Common Pleas of Cumberland County for the purpose of formal arraignment on: January 22 2008 at 9:00 a.m. at the Jury Assembly Room, Fourth Floor, Cumberland County Courthouse One Courthouse Square, Carlisle, Pennsylvania. (Bring this notice with you) If You fail to amear a beach warrant will be issued for Your arrest At that time you will receive a copy of the Criminal information filed against you and you will receive the dates of future required Court appearances. Your attorney must appear with you and private counsel must enter their appearance at this time. If you are represented by a Public Defender or you want a Public Defender to be appointed to represent you, you should report to the Cumberland County Public Defender office, 3rd Floor, East Wing, Cumberland County Court House 1/2 hour before the time referenced above. If you have private counsel, and wish to arrange for arraignment or entry of a guilty plea to the criminal charge(s), your attorney must make an appointment for you to appear with your attorney in the Clerk of Courts Office or in Court before the above date. You would then receive the date of your pre-trial conference and date of the trial term when your trial would be scheduled. I accept service of the Subpoena to Appear For Formal Arraignment. WITNESS, the Honorable President Judge d.a.. Date of Service: November 7, 2007 rf 1 4ZZZ Defendant Y? LL 0-aC ?,yrvr?.?L??a Clerk of Counts '- District Justice White - Clerk of Court • Blue - Court Adm. • Green - District Attorney • Canary - Defense Attorney • Pink - Defendent • Gold - MDJ Woo NNW a- - " Docket Number: CP-21-CR-0002901-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Russell Rav Pentz Cross Court Docket Nos: CR-0000388-07 Judge Assigned: OTN: L3737812 Initial Issuing Authority: Charles A. Clement Arresting Agency: Lower Allen Twp, Police Dept Case Local Number Type(s) Page 1 of 8 Date Filed: 11/15/2007 Initiation Date: 09/15/2007 Lower Court Docket No: CR-0000388-07 Final Issuing Authority: Charles A. Clement Arresting Officer: Tamanosky, Richard Joseph Case Local Number(s) r.. ... ,M.- . '.'3r is .. .. _ '.7 .. .. n. _ .?.. Case Status: Adjudicated Status Date Processina Status Arrest Date: 09/15/2007 08/01/2008 Awaiting Completion of ARD Program 08/01/2008 Awaiting ARD Assessments 08/01/2008 Awaiting Completion of ARD Program 06/27/2008 Awaiting ARD Hearing 06/27/2008 Awaiting ARD Court 11115/2007 Awaiting Formal Arraignment 11/15/2007 Awaiting Filing of Information 11/15/2007 Awaiting ARD Hearing Complaint Date: 09/16/2007 Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 01/22/2008 9:00 am Jury Assembly Cancelled Room ARD Court 08/0112008 8:00 am Courtroom 1 Judge M. L. Ebert Jr. Scheduled Confinement Confinement Destination Confinement Still in Known As Of Type Location Reason Custody Date Of Birth: 08/01/1969 City/State2ip-? Wormleysburg, PA 17043 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. - t+ z ti VIA* T • y Docket Number: CP-21-CR-0002901-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 2 of 8 Russell Ra Pentz Participant Type Name Defendant Pentz, R ussell Ray .e e ? NO W Pentz Ru ll Ra y Nebbia Status: None Bail Action Date Bail Tyne Percentage Amount Bail Posting Status Posting Date Set 09/16/2007 Monetary $10,000.00 Set (bail modification) 10/22/2007 Monetary $10,000.00 Posted 10/22/2007 Sea. Orig Sea. Grade Statute Statute Description ffense OTN Date 1 1 M2 18 §2701 §§A1 Simple Assault 09/15/2007 L3737812 2 2 S 18§ 2709 §§A1 Harassment - Subject Other to Physical 09/15/2007 L3737812 Contact 3 3 M 75§ 3802 §§A1* DUL Gen Imp?Inc of Driving Safely - 1st 09/15/2007 L3737812 O 4 4 M 75 3802 § §§B _. DUI: High Rte of Alc (Bac.10 -.16) 1st 09/15/2007 L3737812 Off L "ill 19 umces may not oe immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania V. Russell Rav Pentz Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition 1 / Simple Assault 2 / Harassment - Subject Other to Physical Contact 3 / DUI: Gen Imp/Inc of Driving Safely - 1st Off 4 / DUI: High Rte of Alc (Bac.10 -.16) 1st Off ARD - County Open ARD Court 1 / Simple Assault Ebert, M. L. Jr. Page 3 of 8 Disposition Date Final Disgosition Offense Dispgsition Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type 11/07/2007 Dismissed (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Held for Court (Lower Court) Linked Docket Number Not Final 18§2701§§A1 18§2709§§A1 75§3802§§A1* 75§3802§§B- 08/01 /2008 Dismissed (Lower Court) 08/01/2008 Not Final 18§2701§§A1 2 / Harassment - Subject Other to Physical Contact Guilty Plea 18§2709§§A1 Ebert, M. L. Jr. 08/01/2008 No Further Penalty 3 / DUI: Gen Imp/Inc of Driving Safely - 1st Off ARD - County 75§3802§§A1' Ebert, M. L. Jr. 08/01/2008 ARD - DUI 08/01/2008 4 / DUI: High Rte of Alc (Bac.10 -.16) 1st Off ARD - County 75§3802§§B* Ebert, M. L. Jr. 08/01/2008 ARD - DUI 08/01/2008 Printed- 1 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. 7UN Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 Docket Number: CP-21-CR-0002901-2007 CRIMINAL DOCKET Court Case Re°. Status: Lower Court Phone Number (s): (717) 234-7051 (Phone) Address: Mancke, Wagner & Spreha 2233 N Front St Harrisburg PA 17110 Representing: Pentz, Russell Ray * Entry of Appearance Not Filed Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police, Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Docket Number: CP-21-CR-0002901-2007 ai6 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Russell Rav Pentz Sequence Number CP Filed Date 2 10/22/2007 Bail Posted - Pentz, Russell Ray Document Date Page 5 of 8 Buckley, James J. ---------------------------------------------- 1 11/15/2007 Original Papers Received from Lower Court Court of Common Pleas - Cumberland County ---------------------------------------------- 1 07/07/2008 Penalty Assessed Court of Common Pleas - Cumberland County ----------------------------------------------- 1 07/25/2008 Penalty Satisfied Pentz, Russell Ray ----------------------------------------------- t 08/01 /2008 Order of Court, filed 8/1/08. In re: Final Chance ARD Entrance & License Suspension for 30 Days Ebert, M. L. Jr. ---------------------------------------------- 2 08/01/2008 Order Granting Motion to Admit Defendant into ARD Program Ebert, M. L. Jr. ----------------------------------------------- 3 08/01/2008 Order - Sentence/Penalty Imposed Ebert, M. L. Jr. ----------------------------------------------- 4 08/01/2008 DL-21A was Prepared Lebo, Dennis E. ----------------------------------------------- 5 08/01/2008 DL-21A was Prepared Lebo, Dennis E. ----------------------------------------------- Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania Page 6 of 8 V. Russell Rav Pentz Sequence Number CP Filed Date Document Date 1 08/06/2008 08/01/2008 Guilty Plea & Sentencing Order of Court, filed 8/1/08. Copies delivered/mailed 8/6/08. Ebert, M. L. Jr. ---------------------------------------------- 1 02/24/2009 Order of Court, filed 2/24/09. In re: Final ARD Disposition The def. has completed participation in the ARD Program. 2/25/09 copies mailed/delivered Ebert, M. L. Jr. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY a Docket Number: CP-21-CR-0002901-2007 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 7 of 8 Russell Ra y Pentz Last Payment Date: 01/29/2009 Total of Last Payment: -$55.00 Pentz, Russell Ray Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Expungement Fee (Cumberland) $19.00 -$19.00 $0.00 $0.00 $0.00 OSP (Cumberland/State) (Act 35 of $120.00 -$120.00 $0.00 $0.00 $0.00 1991) OSP (Cumberland/State) (Act 35 of $120.00 -$120.00 $0.00 $0.00 $0.00 1991) ARD/DUI Booking Fee (Cumberland) $200.00 -$200.00 $0.00 $0.00 $0.00 ARD/DUI School (Cumberland) $200.00 -$200.00 $0.00 $0.00 $0.00 Co ARD/DUI/Ad (Cumberland) $200.00 -$200.00 $0.00 $0.00 $0.00 COFC ARD/DUI/Ad (Cumberland) $250.00 -$250.00 $0.00 $0.00 $0.00 State Court Cost (Act 204 of 1976) $10.00 -$10.00 $0.00 $0.00 $0.00 Commonwealth Cost - HB627 (Act 16, $8.60 -$8.60 $0.00 $0.00 $0.00 of 1992) County Court Costs (Act 204 of 1976) $27.90 -$27.90 $0.00 $0.00 $0.00 Crime Victims Compensation (Act 96 $35.00 -$35.00 $0.00 $0.00 $0.00 of 1984) Victim Witness Services (Act 111 of $25.00 -$25.00 $0.00 $0.00 $0.00 1998) Firearm Education and Training Fund $5.00 -$5.00 $0.00 $0.00 $0.00 (158 of 1994) CAT/MCARE (Act 13 of 2002) $50.00 -$50.00 $0.00 $0.00 $0.00 Substance Abuse Education (Act 198 $50.00 -$50.00 $0.00 $0.00 $0.00 of 2002) Substance Abuse Education (Act 198 $50.00 -$50.00 $0.00 $0.00 $0.00 of 2002) District Attorney (Cumberland) $19.00 -$19.00 $0.00 $0.00 $0.00 Plea Fee (Cumberland) $150.00 -$150.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $1.50 -$1.50 $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 -$5.00 $0.00 $0.00 $0.00 Traffic Report Costs (Cumberland) $8.00 -$8.00 $0.00 $0.00 $0.00 DUI - ARD - EMS Fee $25.00 -$25.00 $0.00 $0.00 $0.00 Domestic Violence Compensation (Ac- $10.00 -$10.00 $0.00 $0.00 $0.00 44 of 1988) Plea Fee (Cumberland) $150.00 -$150.00 $0.00 $0.00 $0.00 Administrative Fee (Cumberland) $45.00 -$45.00 $0.00 $0.00 $0.00 AOPC 9082 - Rev 10/22/2009 Printed: 10/22/2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY w l v r Amy; • • Docket Number: CP-21-CR-0002901-2007 Nk CRIMINAL DOCKET $ Court Case Commonwealth of Pennsylvania Page 8 of 8 V. Russell Ra Pentz Pentz, Russell Ray Assessment Payments Adjustments Non Monetary Total Defendant Payments Cost in Lieu of Community Service $250.00 -$250.00 $0.00 $0.00 $0.00 (Cumberland) Costs/Fees Totals: $2,034.00 -$2,034.00 $0.00 $0.00 $0.00 Fines Title 18, Payable to Municipality $150.00 -$150.00 $0.00 $0.00 $0.00 Fines Totals: $150.00 -$150.00 $0.00 $0.00 $0.00 Grand Totals: $2,184.00 -$2,184.00 $0.00 $0.00 $0.00 ** - Indicates assessment is subrogated AOPC 9082 - Rev 10/22/2009 Printed: 10/22/2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. October 21, 2009 To whom it may concern, I am writing this letter in regards to a recent phone conversation I had with Russ Pentz. He had stated to me that during the next visit with his daughter Alexandra Pentz, he would not be returning the child to the custodial mother, Kathleen Garbowski. He stated that he was angry with the recent change of address and that the sheriffs department may have to be involved. I feel that this change in custody is not in the best interest of the child. Alexandra often speaks of how her father smells like beer all the time. She also stated that she has been left in the car at a bar while her father went into the bar for a drink and to purchase beer. It is my knowledge that Russ has been arrested for a DUI within the last 18 -24 months. Despite this occurrence Russ has not stopped drinking. It is against my better judgment to encourage an unhealthy transition that will endanger the welfare of a minor. This determination is based upon my professional license as a Registered Nurse through New York State. Alexandra is happily attending school where she is thriving as all ten years old should. She is in a stable environment with family support. Her current home situation with her Custodial mother and step father provides love and nurturing along with all the amenities and safety needed for an emotionally healthy and stable home. I will be happy to discuss this matter via telephone or in person. If a personal interview is required please notify me immediately so I can make travel arrangements. Thank you for your time regarding this situation. Sincerely, Connie Fick 143 W 2nd St Corning, NY 14830 j11 AO t +ubAc, ftw of MW York tooft Nov, g bungr No. OfSW50 xx uareiiime MH9-JU-dUU(kWtU) lu:ar ?5-30-'07 14:43 FROM- N UUC! T-583 P002/009 F-407 'JUN 2-2 20 ?Ii RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS Plaintiff, V. : NO. 07-1189 CIVIL TERM KATHLEEN A. DOTOLO, CUSTODY Defendant AND NOW, this V? ? ORDER day of June 2007, both parties and their counsel, have agreed to the terms set forth in this Order, and as a result, it is hereby ORDERED, ADJUDGED and DECREED that the custody of the parties' minor child, Alexandra Fe Pentz, born rune 9, 1999, shall be as follows: 1. The parties shall share legal custody of Alexandra as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Alexandra, including but not necessarily limited to, Alexandra's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Alexandra, keeping in mind Alexandra's best interest being paramount. Each party agrees not to attempt to alienate Alexandra's affections from the other party, and neither party shall make disparaging remarks about the other in Alexandra's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Alexandra that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be 0 xx Uare/lime MMy-3U-CUU(kWtU) 14:Uf 05-30-'07 14;43 FROM- F. UUJ T-583 P003/009 F-407 made, the parent having physical custody of Alexandra at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning Alexandra, and to receive any and all relevant reports or other written information generated by such individuals concerning Alexandra, and a copy of this Order shall act as authority to any such professional to release information regarding Alexandra to either parent, upon request. 2. Mother shall have primary physical custody of Alexandra while Father shall enjoy partial physical custody as set forth herein. 3. Father's periods of partial physical custody shall be as follows: a. During the academic year: i. Alternating weekends from Friday evening through Sunday evening. The parties shall determine the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of the parties. ii. On one of Father's alternating weekends (i.e. approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will be responsible for helping Alexandra complete all homework RX Uate/!ime MH9-3U-dUU(kWtU) 14:41 ©5-30-'07 14:43 FPOM- V.UU4 T-583 P004/009 F-407 assignments due the next day and will ensure that Alexandra is delivered to school at the appropriate time on Monday morning. iii. The Wednesday evenings following Mother's custodial weekends, Father will have a custodial period with Alexandra until 7:30 p.m. iv. If Father's weekend includes a Monday or Friday holiday when Alexandra will be out of school, and if Father is able to spend the extra day with Alexandra, he may extend his weekend custodial period to include the day off of school. If Father's work schedule does not allow, or he is otherwise unable to exercise custody for the additional day, the standard custody schedule shall apply. b. During the Summer i. Alternating weekends from Friday evening through Sunday evening. The parties shall determine the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of the parties. ii. On one of Father's alternating weekends (i.e. approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will ensure that Alexandra is delivered to her Summer Camp program at the appropriate time on Monday morning. Hx Uareilime MH4-JU-eUU((WtU, IU:d! @5-30-'07 14:43 FROM- T-583 P005/009 F-407 iii. The Wednesday evenings following Mother's custodial weekends, Father will have an overnight custodial period with Alexandra until Thursday morning when Father will ensure that Alexandra is delivered to her Summer Camp program at the appropriate time Thursday morning. c. Such other times and dates as the parties may from time to time mutually agree. 4. Summer Vacation and Holidays a. Both parties shall be entitled to one uninterrupted week of vacation with Alexandra. Both parties will ensure that their week of vacation includes the parent's normal custodial weekend unless otherwise agreed by the parties. b. The party exercising the week of custody will provide the other party with thirty (30) days' notice of the week being requested, c. The parties will work together to ensure that their requested vacation periods do not conflict. d. Christmas L In 2007, Alexandra will be with Father on Christmas Eve from the time Father is out of work until 8:00 p.m, at which time Alexandra will return to Mother's custody. Mother will use the remainder of the Winter Break as her week of vacation with Alexandra. ii. In future odd-numbered years: lix Uate/lime MN4-3U-rUU((WtU) 14:4( 05-30-'07 14:43 FROM- P UUb T-583 P006/009 F-407 1. Alexandra will be with Father on Christmas Eve from the time Father is out of work until 8:00 p.m. at which time Alexandra will return to Mother's custody. 2. Alexandra will remain with Mother until December 30`i' at 7:00 p.m. 3. Alexandra will return to Father's custody from December 30t' at 7:00 p.m. until January 0 at 7:00 p.m. iii. In future even-numbered years: 1. Alexandra will be with Mother on Christmas Eve from the time Mother is out of work until 8:00 p.m. at which time Alexandra will go to Father's custody. 2. Alexandra will remain with Father until December 27n' at 7:00 P.M. 3. Alexandra will return to Mother's custody from December 270' at 7:00 p.m. until the end of the Winter Break. e. Easter - Alexandra will spend each Easter with Mother. f. Mother's Day will be spent with Mother. S. Father's Day will be spent with Father. h. Thanksgiving - Alexandra will spend the Thanksgiving holiday with Mother in even numbered years and with Father in odd numbered years. i. Memorial Day - Alexandra will spend Memorial Day with Father. j. Labor Day Alexandra will spend Labor Day with Mother. kx Uate/lime MH9-3U-2UUI(WEU! Id:d7 05-30-'07 14;43 FROM- P. UU T-583 P007/009 F-407 k. Both parties agree that on New Year's, July 0 and Halloween, they will determine, by mutual agreement, where Alexandra will celebrate these holidays. 1. Both parties agree that they will determine, by mutual agreement, where Alexandra will spend her birthday. m. Both parties understand and agree that schedules for Holidays, Birthdays, Special Days and Vacation supersede the routine schedule. n. The holidays of Easter, Mother's Day, Memorial Day, Father's Day, Labor Day and Thanksgiving are presumed to begin at 5:00 p.m. the evening prior to the holiday and end at 7:00 p.m. the day of the holiday unless otherwise stated in this agreement or altered by mutual agreement of the parties. 5. The parties agree that if either party takes Alexandra out of town for twenty-four (24) hours or longer, the non-custodial parent will be provided with an address where Alexandra will be staying and an emergency contact number. 6. Transportation: The parties will share equally the transportation for all custody exchanges. Both parents shall share cell phone numbers for each other and shall communicate with each other in the event of problems or delays in transportation. If the parties cannot establish a mutually satisfactory plan for transportation during the exchanges, the receiving party shall provide the transportation. 0 Rx Date/Time MR9-30-?007(WE01 MV N.UUd 05-30-'07 14:43 FROM- T-583 P008/009 F-407 7. Both parties shall be entitled to reasonable telephone access to Alexandra while she is with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to Alexandra. 8. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Alexandra or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 9. Both parties agree to immediately notify the other of any changes of address or telephone number. 10. Both parties agree that neither will move Alexandra from a fifty (50) mile radius of their current address without the written consent of the other parent or the order of Court. 11. This Court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate court. BY COURT: J. Distribution: Michael Hynum, Esq., 315 Bridge Street, New Cumberland, PA 17070 Jessica Holst, Esq., MidPenn Legal Services, 401 E. Louther St., Carlisle, PA 17013 'RUE COPY FROh4 RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ....c; ? ...... day of.. =q x Prothonotary The parties agree that the above Agreement shall be entered into an Order. r/ Michael A. Hynum, Esgkjm 315 Bridge Street New Cumberland, PA 17070 Kathleen A. Dotolo, Defendant Jt, Esq. ervices 401 East Louther Street Carlisle, PA 17013 Russell R. Pentz, Plaintiff VERIFICATION Upon my personal knowledge, information and belief, I, Kathleen A. Grabowski, do hereby verify that the facts averred and statements made in the foregoing Petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Date: By. ?( 6 M q 0 Kathleen A. Grabowski, Plaintiff 2Pi 99 C?,' 12 2 Ff!i : 2 .. CU '. O?1 ??G-44' ?Ph d 3? N? y 10 Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Mar aretLa?Scaringilaw com Attorney for Petitioner RUSSELL R. PENTZ, Petitioner/Plaintiff V. KATHLEEN A. DOTOLO, Respondent/Defendant AN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL AC'T'ION - LAW :NO.07-1189 CIVIL TERM :CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Russell R. Pentz respectfully represents that on June 22, 2007, a custody Order was entered, a true and correct copy of which is attached hereto as Exhibit A. 2. Petitioner/Plaintiff is Russell R. Pentz, an adult individual currently residing at 2102 Cedar Run Drive,Unit 304, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Respondent/Defendant is Kathleen A. Dotolo (now Grabowski), and adult individual who is believed to be residing at the home of her sister, (Connie A. Fick, at 143 West 2"d Street, Corning, New York, 14830. 4. The attached Order should be modified because Respondent/Defendant has been unable to provide a stable living environment for the minot child and has ignored the current custody Order by abruptly removing the child from school and relocating to New York with no notice to Petitioner/Plaintiff. WHEREFORE, Petitioner/Plaintiff requests that the Court modify the existing Order because it is in the best interest of the child; Submitted, Date: l0 d-, /-09 Mar aEdt M. Simok, Esquire SCA INGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717- 57-7770 PA. ?upreme Court ID No. 89633 RA U(3f CI I Ihi e 111MI-]u-000I (WCu) I a; a! N UUI_ . 35-3'Q-'07 14:43 FROM- T-583 P0021009 F-497 -10V 2 2 2007, ry RUSSELL R. PENTZ, : IN TIDE COURT OF COMMON PLEAS Plaintiff, V. : NO. 07-1189 CIVIC. T?RM KATHLEEN A. DOTOLO, CUSTODY Defendant ORDER ??h a AND NOW, this day of June 2007, both p 'es and their counsel, have agreed to the terms set forth in this Order, and as a result it is hereby ORDERED, ADJUDGED and DECREED that the custody of the part?es' minor child, Alexandra Fe Pentz, born June 9, 1999, shall be as follows: 1. The parties shall share legal custody of Alexandra as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Alexandra, including but not ,ecessarily limited to, Alexandra's health, welfare] education, religious training and upbringing shall be made by them jointly, afre? discussion and consultation with each other, with a view toward obtaining and Following a harmonious policy in raising Alexandra, keeping in mind Alexandra's best interest being paramount. Each party agrees not to attempt to alienate Alexandra's affections from the other party, and neither party shall make disparaging remarks about the other in Alexandra's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concernin Alexandra that could reasonably be expected to be of concern or interest tb the other. Day to day decisions shall be the responsibility of the parent ha? ng physical custody, whether primary or partial. With regard to emergency decisions which must be I kx Uar.e/limp. MHy-JU-fUU((WtU) IU:df 0fi-30=' 07 14:43 FROM- N. UUJ T-583 P003/009 F-497 made, the parent having physical custody of Alexandra at the time of the emergency shall be permitted to make any immddiate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each paren shall be entitled to complete and full information from any doctor, dentist, teache counselor or professional concerning Alexandra, and to receive any and all relevant reports or other written information generated by such individuals coneer?ning Alexandra, and a copy of this Order shall act as authority to any such professional to release information regarding Alexandra to either parent, upon request. 2. Mother shall have primary physical custody of Alexandra while Father shall enjoy partial physical custody as set forth herein. 3. Father's periods of partial physical custody shall be as follows: a. During the academic year i. Alternating weekends from Friday evening through Sunday evening. The parties shall determin? the times for the custody exchanges. Such times may be adju?ted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of I,the parties. ii. On one of Father's alternating weekends (i.e, approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will be responsible for helping Alexandra complete all homework i HX Uare/lime MH9-iU-eUU((WLU) 14:4( • 05--30-'07 14 ' 43 FRON- T UUa T-583 P004/009 F-407 assignments due the next day and will ensure that Alexandra is delivered to school at the appropriate time on Monday morning. iii. The Wednesday evenings following Mother's custodial weekends, Father will have a custodial period with Alexandra until 7:30 p.m. iv, ff Father's weekend includes a Monday or Friday holiday when Alexandra will be out of school, a? d if Father is able to spend the extra day with Alexandra, he may ?xtend his weekend custodial period to include the day off of school. If Father's work schedule does not allow, or he is otherwise unable to exercise custody for the additional day, the standard cus?ody schedule shall apply, b. During the Summer i. Alternating weekends from Friday evening through Sunday evening. The parties shall determinle the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control or the parties. ii. On one of Father's alternating weekends (i.e. approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will ensure that Alexandra is delivered to her Summer Camp program at the appropriate time on nday morning. kx Uate/lime MHV-JU-dUU(((#tU) 14:41 . 05-30,-'07 14:43 FROM- iii. The Wednesday evenings Father will have an overnight ci Thursday moming when Father delivered to her Summer Camp Thursday morning. c. Such other times and dates as the parties i agree. 4. Summer Vacation and Holidays a. Both parties shall be entitled to one Alexandra. Both parties will ensure that the parent's normal custodial weekend P. UUb T-583 P005/009 F-407 Mother's custodial weekends, al period with Alexandra until ensure that Alexandra is at the appropriate time from time to time mutually week of vacation with week of vacation includes otherwise agreed by the parties. b. The party exercising the week of custody will provide the other party with thirty (30) days' notice of the weok being quested. c, The parties will work together to ensure tha their requested vacation periods do not conflict. d. Christmas L In 2007, Alexandra will be with Father on Christmas Eve from the time Father is out of work until 8:00 p,m. at which time Alexandra will return to Mother's custody. Mot4cr will use the remainder of the Winter Break as her week of vacation with Alexandra. ii. In future odd-numbered years: nK UaLUlII L MHI-3u-r_uurkwtul iu.ur 05-30-'07 14:43 FROM- PT -583 P006/009 F-407 1. Alexandra will be with Father on Christmas Eve from the time Father is out of wort until 8:00 p.m. at which time Alexandra will return to other's custody. 2. Alexandra will remain wit Mother until December 30th at 7:00 p.m. 3. Alexandra will return to F ther's custody from December 30t' at 7:00 p.m. until Janu? y 0 at 7:00 p.m. iii, rn future even-numbered years: 1. Alexandra will be with Mo her on Christmas Eve from the time Mother is out of work until 8:00 p.m. at which time Alexandra will go to Father's custody. 2. Alexandra will regain with Father until December' 1L7a' at 7:00 p.m. 3. Alexandra will return to Mo?her's custody from December 27" at 7.00 p.m. until the en of the Winter Break. e. Raster- Alexandra will spend each Easter with Mother. f. Mother's Day will be spent with Mother. g. Father's Day will be spent with Father. h. Thanksgiving - Alexandra will spend the T anksgiving holiday with Mother in even numbered years and with Fa er in odd numbered years. i. Memorial Day- Alexandra will spend Memorial Day with Father. j. Labor Day -Alexandra will spend 1lAbor Da with Mother. kXX UdrEIIIMe MHq-jU-dUU((WtU) (II:4( . 05-30:'07 14:43 FROM- k. Both parties agree that on New Year's, determine, by mutual agreement, where holidays. 1. Both parties agree that they will de Alexandra will spend her birthday. m. Both parties understand and agree that Special Days and Vacation supersede the n. The holidays of Easter, Mother's Day, M P. UU ( T-583 P007/009 F-407 4a' and Halloween, they will will celebrate these by mutual agreement, where for Holidays, Birthdays, schedule. Day, Father's Day, Labor Day and Thanksgiving are presume to begin at S:OQ p.m. the evening prior to the holiday and end at 7:01 p.m. the day of the holiday unless otherwise stated in this agreement o altered by mutual agreement Of the parties. 5. The parties agree that if either party takes Alexanl (24) hours or longer, the non-custodial parent will where Alexandra will be staying and an emcrgenc 6. Transportation: The parties will share equally the exchanges. Both parents shall share cell phone nu communicate with each other in the event of Drobl If the parties cannot establish a mutually satisf during the exchanges, the receiving party shall out of town for twenty-four provided with an address contact number. artation for all custody for each other and shall is or delays in transportation. plan for transportation is the transportation. r) Y.X UBCe/11ME MHy-JU-[UU(kWtU) td:df .05-30°'07 14:93 FROM- N. UUU T-563 P008l009 F-407 7. Both parties shall be entitled to reasonable telep no access to Alexandra while she is with the other parent and neither parent sh 11 frustrate the other parent's reasonable telephone access to Alexandra. 8. Both parties shall make their best efforts to between each other, through telephone, email or that such communication is directed between the Alexandra or significant others. This shall not either party's subsequent spouses, significant c meant to encourage direct communication betv n open communication her such communication, so trties, and not through lude communication between ;, or other relatives, but is the parties. 9. Both parties agree to immediately notify the other f any changes of address or telephone number. 10. Both parties agree that neither will trove Alexandr from a fifty (50) mile radius of their current address without the written consent f the other parent or the order of Court. 11. This Court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writin to transfer jurisdiction to any other appropriate court. Disrriburi= Michael Hynum, Esq,, 315 Bridge Street, New Cumberland, A 17070 Jessica Hoist, Esq., MidPenn Legal Services, 401 E_ Louther St., Carlisle, PA 17013 •R1. D. In r ri, _rt my hand a d t SE Pa. T i L -Q0 Q Prothonotary AA ' The parties agree that the above Agreement shall be en?ered into an Order. a?? + a-to A. Dotolo, Defendant Michael A.1=lynum, Esgire? 315 Bridge Street New Cumberland, PA 17070 je ita'c u Bolst, Esq. Mi enn Legal Services 40 East Louther Street lisle, PA 17013 Russell R. Pentz, Plaintiff RLEr;--O,, "I -E s_, , , r AAY OF THEE 2CG9 4 ? 28 f 2 cfl jG r eqo 4 4 D Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Mar aret ,Scaringilaw.com Attorney for Petitioner RUSSELL R. PENTZ, Petitioner/Plaintiff V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA : CIVIL ACTION - LAW : NO.07-118$ CIVIL TERM :CUSTODY PETITION FOR SPECIAL RELIEF AND CONTEMPT AND NOW, comes Petitioner/Plaintiff, Russell R. Pentz, by and through his attorney, Margaret M. Simok, Esquire, of Scaringi and Scaringi, P.C., who files this Petition for Special Relief and Contempt and in support thereof avers as follows: 1. Petitioner/Plaintiff is Russell R. Pentz (hereinafter "Father"), an adult individual currently residing at 2102 Cedar Run Drive, Unit 304,Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Respondent/Defendant is Kathleen A. Dotolo/ rabowski (hereinafter "Mother"), an adult individual who is believed to be currently residing at 143 West 2"d Street, Corning, New York 14830, at the home of her sister Connie A. Fick. 3. The parties are the parents of Alexandra Fe Pentz, born June 9, 1999 (hereinafter i "Child"). 4. On June 22, 2007, this Honorable Court issued an Order that provided Mother with primary physical custody and Father with partial physical custody. (A copy of the June 22, 2007 Order is attached hereto and made a part hereof) 5. The June 22, 2007, Order further requires the parties to obtain written consent of the other party prior to relocating more than fifty (50) miles from their current address. 6. On or about October 5, 2009, Father learned that Mother had abruptly removed Child from school and relocated to New York, in spite of the fact that child was finally adapting to the Derry Township School District. (See attached email of September 25, 2009, from Child's teacher.) 7. Mother has experienced a myriad of criminal and financial problems in the past five years, causing Child to move approximately eight times and attend at least four different schools. 8. Mother has stated that her recent relocation to New York is only temporary. 9. Several parties have indicated that Mother's new husband is considering a job in Florida. 10. Mother failed to file to modify the June 22, 2007, custody Order nor has she obtained written consent from Father for the New York move or the planned move to Florida. 11. Mother has stated that she will be renting an ap4rtment in New York on a month-to- month lease pending her next move. 12. Mother's problems and frequent moves have had a negative impact on the ten year- old child's education. (See Child's 4"' grade teport card attached hereto and made a part hereof.) 13. Child has established no peer friendships due to Mother's frequent moves. 14. Child participates in no extracurricular activities. 15. Father believes that once Mother is served with the Petition to Modify which is being filed concurrently with this Petition for Special Relief and Contempt, she will vanish. WHEREFORE, Father respectfully requests that this Honorable Court grant him emergency primary physical custody of Child pending any hearing or conference to be schedule by the Court thus insuring that Child is not removed from this Commonwealth pending resolution of the relocation, contempt and modification matters. Father also request that Mother be held in contempt and be ordered to pay Father's costs and fees to file this Petition. Date: /0 ? Respectfully submitted, MargalreU4. Simok, Esquire SCAgINGI & SCARINGI, PC 2000 inglestown Road; Suite 106 Harrisburg, PA 17110 717-6t7-7770 PA Su reme Court ID No. 89633 VERIFICATION I verify that the statements made in the Petition are true and correct. I understand that false statements made herein are', made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 2 3 --?< I'll Date Russell R. Pontz RA ua er l Llue Pltty-3u-cuu I kWCU) I a: at ;55-30-'07 14:43 FROM- RUSSELL R. PENTZ, IN TT-1:E COURT OF COMMON PLEAS Plaintiff, V, : NO. 07-1189 CIVIL TJRM KATMEEN A. DOTOLO, CUSTODY Defendant 1UN 2 22007 ply d ORDER ?? n AND NOW, this day of June 2007, both parties and their counsel, have agreed to the terms set forth in this Order, and as a result, it is hereby ORDERED, ADJUDGED and DECREED that the custody of the parties' minor child, Alexandra Pe Pentz, born June 9,1999, shall be as follows: 1. The parties shall share legal custody of Alexandra as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Alexandra, including but not necessarily limited to, Alexandra's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Alexandra, keeping in mind Alexandra'sl best interest being paramount. Each party agrees not to attempt to alienate Alexandra's affections from the other party, and neither party shall make disparaging remlarks about the other in Alexandra's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Alexandra that could reasonably be expected to be of concern or interest ?o the other. Day to day decisions shall be the responsibility of the I whether primary or partial. With regard to physical custody, -cisions which must be N uul' F-583 P002/009 F-407 kx Uar,elitme MN`l-JU-eUU(tWtU) lu:4f 05-30-'97 14:43 FROM- N. UUJ T-583 P003/009 F-487 made, the parent having physical custody of Alexandra at the time of the emergency shall be permitted to make any immOate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teachq, counselor or professional concerning Alexandra, and to receive any and all relevant reports or other written information generated by such individuals concerning Alexandra, and a copy of this Order shall act as authority to any such professional to release information regarding Alexandra to either parent, upon request. 2. Mother shall have primary physical custody of Aljexandra while Father shall enjoy partial physical custody as set forth herein. 3. Father's periods of partial physical custody shah lie as follows: a. During the academic year: i. Alternating weekends from Friday evening through Sunday evening. The parties shall determine the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control ofJ the parties. ii. On one of Father's alternating weekends (i.e, approximately one weekend per month), his period of poial physical custody will extend into Monday morning. For th4t custodial period, Father will be responsible for helping Alexandra complete all homework kx u8te11iIne MHY-iU-euUrmu) i i:4f 05--30-'07 14:43 F"I- N. UUu T-583 P004/009 F-407 assignments due the next day and will ensure that Alexandra is delivered to school at the appropriate time on Monday morning. iii. The Wednesday evenings following Mother's custodial weekends, Father will have a custodial period with Alexandra until 7:30 p.m. iv. ff Father's weekend includes a *nday or Friday holiday when Alexandra will be out of school, and if Father is able to spend the extra day with Alexandra, he may l xtend his weekend custodial period to include the day off of school. If Father's work schedule I does not allow, or he is otherwise > nable to exercise custody for the additional day, the standard custody schedule shall apply, b. During the Summer i. :alternating weekends from Friday evening through Sunday evening. The parties shall determine the times for the custody exchanges. Such times may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control o? the parties. ii. On one of Father's alternating weekends (i.e. approximately one weekend per month), his period of partial physical custody will extend into Monday morning. For that custodial period, Father will ensure that Alexandra is deliver?d to her Summer Camp program at the appropriate time on Monday morning. hx Uate/lime MHV_JU-d'UU((Vh U) I&:&( 05-30-'&7 14:43 FAOM- P. UUS T-583 P005/009 F-407 iii. The Wednesday evenings follow?ng Mother's custodial weekends, Father will have an overnight custodial period with Alexandra until Thursday morning when Father v ill ensure that Alexandra is delivered to her Summer Camp p?ogram at the appropriate time Thursday morning, c. Such other times and dates as the parties #nay from time to time mutually agree. 4. Summer Vacation and Holidays a. Both parties shall be entitled to one uninterrupted week of vacation with Alexandra. Both parties will ensure that their week of vacation includes the parent's normal custodial weekend-unl0s otherwise agreed by the parties. b. The party exercising the week of custody *ill provide the other party with thirty (30) days' notice of the week being 4quested. C. The parties will work together to ensure th4 their requested vacation periods do not conflict. d. Christmas L In 2007, Alexandra will be with Pat* on Christmas Eve from the time Father is out of work until 8:00 p,m, at which time Alexandra will return to Mother's custody. the Winter Break as her week of will use the remainder of on with Alexandra, ii. In future odd-numbered years: rsx Udle/IIME RNtj-3U-CUU(kWtU) 1d;Ur t&5-30-'07 14:43 FROM- N. UUb T-583 P006/009 F-407 i 1. Alexandra will be with Father on Christmas Eve from the time Father is out of work until 8:00 p.m. at which time Alexandra will return to other's custody. 2_ Alexandra will remain 4 Mother until December 30a' at 7:00 p.m. 3. Alexandra will return to Faber's custody from December 30`s at 7:00 p.m. until Ian 1" at 7:00 p.m. iii. In future even-numbered years: 1. Alexandra will be with M4her on Christmas Eve from the time Mather is out of workluntil 8:00 p.m. at which time Alexandra will go to Fatheo custody. ?. Alexa7ldra vih reiiiaZil withIFacher urstii Decernberi7? at 7:00 p.m. 3. Alexandra will return to Mother's custody from December 27`h at 7:00 p.m. until the en? of the Winter Break. e. Easter- Alexandra will spend each Easter i vith Mother. f. Mother's Day will be spent with Mother. g. Father's Day will be spent with Father, h. Thanksgiving - Alexandra will spend the Mother in even numbered years and with i. Memorial Day- Alexandra will spend j. Labor Day- Alexandra will spend Labor giving holiday with in odd numbered years. al Day with Father. with Mother. k? uarei i ime MHY-JU-M[(WtU) IQ: a ( P. 0U( 05-30-°07 14;43 FROG- 7-583 P007/009 F-407 k, Both parties agree that on New Year's, ly 4a' and Halloween, they will determine, by mutual agreement, where lexandra will celebrate these holidays. 1. Both parties agree that they will determi e, by mutual agreement, where Alexandra will spend her birthday. m. Both parties understand and agree that sc edules for Holidays, Birthdays, Special Days and Vacation supersede the outine schedule. n. The holidays of Easter, Mother's Day, M mortal Day, Father's Day, Labor Day and Thanksgiving are presume to begin at 5:00 p.m. the evening prior to the holiday and end ar 7: p.m. the day of the holiday unless otherwise stated in this agreement o altered by mutual agreement of the parties. II 5. The parties agree that if either party takes Alexan a out of town for twenty-four (24) hours or longer, the non-custodial parent will a provided with an address where Alexandra will be staying and an emergency contact number. b. Transportation: The parties will share equally the transportation for all custody exchanges. Both parents shall share cell phone numbers for each other and shall communicate with each other in the event of proble s or delays in transportation. If the parties cannot establish a mutually satisfacto plan for transportation during the exchanges, the receiving party shall provi a the transportation. 0 t'X UdCE /IIMe MH9-JU-CUU((WtU) ra:d( 05-30-'07 14:43 FROM- 7. Both parties shall be entitled to reasonable teIi she is with the other parent and neither parent reasonable telephone access to Alexandra. 8. Both parties shall make their best efforts to between each other, through telephone, email or that such communication is directed between the Alexandra or significant others. This shall not either party's subsequent spouses, significant c meant to encourage direct communication P. UU8 T-583 P008/009 F-407 access to Alexandra while frustrate the other parent's open communication such communication, so and not through lude communication between s, or other relatives, but is the parties. 9. Both parties agree to immediately notify the other?Of any changes of address or telephone number. 1 10. Both parties agree that neither will move Alexandr from a fifty (50) mile radius of their torrent address without the written consent of the other parent or the order of Court. It. This Court shall retain jurisdiction over this matter ?or purposes of enforcement and modification, unless both parties agree in any other appropriate court. Distriburion: Michael Hynum, Esq., 315 Bridge Street, New Cumberl Jessica Holst, Esq., MidPenn Legal Services, 401 E. Lot In to transfer jurisdiction to J. PA 17070 St., Carlisle, PA 17013 my hand sc; , Pa. r Prothonotary " ? A ' The parties agree that the above Agreement shall be Russell R. Pentz, Plaintiff Michael A. Hynum, EsgA e? 315 Bridge Street ?? New Cumberland, PA 17070 into an Order. a:\\0,?Ja-,U A. Dotolo, Defendant .le ita'C.D. Holst, Esq. enn Legal Services 40 East Louther Street lisle, PA 17013 Fwd: From: pentzgoofy@aol.com To: dawndesi@aol.com Subject: Fwd: Date: Fri, Sep 25, 2009 11:44 am ----Original Message----- From: Kleinfelter, Bethany <bkleinfelter@hershey.k12.pa.us> To: pentzgoofy@aol.com Sent: Fri, Sep 25, 2009 10:42 am Subject: RE: Good morning! Thanks for checking in with me. I am happy to say that Allie had a coming into the room quietly each morning and completing her we Wednesday I wrote her a note at lunchtime expressing my apprec told her to keep up the great work. I could tell she was really excite praise. Yesterday I did not give her a note, because I was curious following directions at her own will. She surprised me and had an( start. I will be giving her a certificate this afternoon for having a far Page 1 of 1 eat=2 Oweek! She really impressed me by right away. On Monday, Tuesday, and on of her work ethic and positive attitude and to get the notes of encouragement and see if she would continue working and er great day! This morning she's off to a great stic week. She has definitely come a long way since the first week of school. he was frequently calling out, interrupting students, and needed directions repeated over and *over. I would li a to think that she is now establishing a routine for herself and feels more comfortable with the expectation of the classroom. She still has the occasional outburst simply because she's impulsive with her thoughts, but I'm ery pleased with her progress! I hope that she is enjoying school so far! Thanks for the support you provide for her. Enjoy the weekend, Bethany From: pentzgoofy@aol.com [mailto:pentzgoofy@aol.com] Sent: Friday, September 25, 2009 8:46 AM To: Kleinfelter, Bethany Subject: Hello Ms. Kleinfelter, I wanted to check with you to see how Allie is doing with her know if you have any concerns that I may be able to help with Russ Pentz (Allie's Dad) 717-798-7270 http://webmail.aol.com/28200/aol/en-us/Mail/PrintMessage. work and with her behavior. Please let me iks and have a nice weekend! 9/28/2009 ?Cleo re rs 2008-2009 School Year Derry Township Sch Hershey Intermediate Elem Homestead Road, P.O Hershey, PA 171 (717) 531-227' NAME: Pentz, Alexandra col District ntary School Box 898 Homeroom: 40 - Gr 4 Teacher: K. Adams Hershey Intermediate School T 4th Grade COMMUNICATION ARC'S GOALS Marking Period mica Uses decoding skills to read multi-syllabic words ency ;° - _ - Reads grade level passages fluently and accurately .abulay Deve{opment 1.1 Learning to Read Uses word parts (prefixes and suffixes) to determine meaning of unk own words Independently; 1.2 Reading Critically in All Content Areas; Uses context clues to determine meanings of unknown words 1.3 Reading, Analyzing and L_. npr Iliension, Interpreting Literature Uses self-monitoring strategies when reading (predicts, clarifies, que tions, infers) Summarizes nonfiction text including text structures Answers questions when information is directly stated in text and infe appropriate information) red from text (locates Persuasive 1.4 Types of Writing Maintains a focus on a single idea while including supporting details Uses a logical sequence when writing has an introduction, body and c nclusion conventions Uses capitalization correctly (first word of sentence, proper nouns, the pronoun "I") Uses proper punctuation (period, question mark, exclamation mark, c comas in a series, colons for time, apostrophes for contractions) 1.5 Quality of Writing Writes using noun/verb agreement in a complete sentence n Spells common pattern words in isolation Applies common spelling patterns in writing Spells common high-frequency words in writing P = Proficient Proficient Indicates that a student has demonstrated mastery an a given standard an is meeting or exceeding grade level expectations. W, = working toward proficiency with steady progress Working to and proficiency - Indicates that a student needs continued WZ = working toward proficiency with limited progress work or sup ort on a given standard to meet proficiency. 11 1 Hershey Intermediate School 4th Grade C MATH Marking Period V f Makes and interprets scale drawings Uses formulas to find area of rectangles, parallelograms a nd triangles Finds the perimeter of any polygon Estimates the area of a figure by counting unit squares i side the figure Divides decimals by whole numbers Multiplies decimals by whole numbers Finds a percent or a fraction of a number Renames "easy" fractions (tenths, hundredths, fourths, h Ives) as decimals Renames "easy" fractions (tenths, hundredths, fourths, halve ) as percents Uses a calculator to rename any fraction as a decimal or perc nt ® Solves elapsed time problems 4 Adds positive and negative numbers (-20 to 20) Translates figures (reflect, translate, rotate) Identifies lines of symmetry, lines of reflection and reflect d figures Math Fact Fluency Rocket Math Level u"t ? ? 1 GCrl?ilt-? -trul'.+icr?c?I Dt.r-?S O?ll S?'_.-f G: YZC:i -.?1 Measurement / 2.3 Measurement Numbers and Operations / 2.1 Numbers and 2.2 Computation Measurement Numbers and Operations I 2A Numbers and 2.2 Computation Geometry / 2.9 Geometry, 2.10 Trigonometry Numbers and Operations / 2A Numbers and 2.2 Computation s rni t?s?uzs ru 5 e AY\-L ne-i Zsl X Essential Goal l learning essential goal indicates a learning goal that shout be mastered by the learner at a particular grade level. Other learning goals are being introduced and developed for ter mastery. Pentz, Alexandra Student Name: 40 - Gr 4 4th Marking Period SCIENCE/HEALTH Understands and uses key vocabulary Understands key concepts SOCIAL STUDIES Understands and uses key vocabulary Understands key concepts S = satisfactory N = Needs Improvement Shows respect for adults, peers, and property Follows school and classroom rules Demonstrates self-control Works appropriately on independent tasks Works appropriately in small group settings Works appropriately in large group settings Submits class work / homework on time r` Produces quality work l Follows directions Organizes belongings and materials L It RT Applies art skills and demonstrates understanding of basic concepts Exhibits appropriate behavior in class OMPUTER. EDUCATION F Demonstrates successful use of computer equipment mouse, ke board, CPU Demonstrates skills to successfully use software Demonstrates skills to use the Internet successfully and safely Exhibits appropriate behavior in class USIC Demonstrates developmentally appropriate singing and listenin skills Performs assigned rhythms accurately Reads, notates, composes, and/or improvises music Exhibits appropriate behavior in class P YSICAL EDUCATION Participates in physical fitness activities Demonstrates good sportsmanship Exhibits appropriate behavior in class LI RARY Demonstrates the skills to use the library appropriatety Demonstrates the skills to select resources independently Exhibits appropriate behavior in class TARDY - Excused ` TARDY - Unexcused O ABSENT - Excused BSENT - Unexcused fti 4th Grade Allie had many successes this year. I would encourage jhr to read a challenging book over the summer to utilize the comprehension strategies learned year. Also, she should try to practice her multiplication/division facts with flash cards at least ce a week. Thank you for all of your support at home this year. I wish Allie luck in Sth grade d have a great summer! i? +h ? ? Your child will be assigned to ?. grade for the 20' 20 J-0 school'year.. Te her Signature J FILED-Qi-7-{5 OF THE F4C),T" NOTARY 2009 OCT 28 PM 2: 18 CUMIL" /Lo •???, , a4 KATHLEEN A. GRABOWSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-1189 CIVIL ACTION LAW RUSSELL R. PENTZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, October 26, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 02, 2009 at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Esq..IVA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -(>"' 2009 OCT 27 AM 11: 49 GUMBE ij=,r4i) fUN Y PENNSYLVANIA e RUSSELL R. PENTZ, Petitioner/Plaintiff V. KATHLEEN A. DOTOLO, Respondent/Defendant ANTRE-COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :NO.07-1189 CIVIL TERM :CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Plaintiff, RUSSELL R. PENTZ, per his request. Date: Q 1 , 2009 Respectfully submitted, ZLIM M Michael A. Hyn q 2608 North 3" Street Harrisburg, PA 17110 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Plaintiff, RUSSELL R. PENTZ, per his request. Date: 10 , 2009 Respectfully submitted, Margare . Simok, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 FILED-OFRCE OF THE PR,! ?OV JARY 2009 OCT 28 PH 2: 16 liV Y. V 7 t 0 Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 MaraaretgScaringilaw.com Attorney for Petitioner RUSSELL R. PENTZ, Petitioner/Plaintiff AN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant CIVIL ACTION - LAW : NO.07-1189 CIVIL TERM :CUSTODY AFFIDAVIT OF SERVICE I, Margaret M. Simok, Esquire, do hereby certify that a true and correct copy of the Petition for Modification of a Custody Order and the Petition for Special Relief and Contempt in the above-captioned matter was served on the following party on the date below via United States Postal Service, 1St class mail, mailed from Harrisburg, Pennsylvania: Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street; Suite 103 Carlisle, PA 17013 Dater 0 -3g By Marg M. Simok, Esquire OF THr PR0Tl,- Y)TARY 2004 OCT 30 PPi 3: 30 Y CJ i ' ,s 'r-.0/1 /r t? is r of\'U 1 L„'Jt?tl4A OCT 2 9 2009 Gj RUSSELL R. PENTZ, Petitioner/Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA, " V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant CIVIL ACTION - LAW NO.07-1189 CIVIL TERM :CUSTODY ORDER OF COURT • . + AND NOW, on this day of d c.-*v 2009, it is hereby ordered and decreed that Petitioner/Plaintiff, Russell R. Pentz, shall have primary physical custody Alexandra Fe Pentz pending further Order of Court. It is further ordered that Alexandra Fe Pentz be enrolled in school in the West Shore School District in Pennsylvania and not be CO+n ?r I ? • eay, srv removed from Pennsylvania pending a 2009,at M. in Courtroom # of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the issue of contempt will also be heard. BY THE COURT: D' tribution: argaret M. Simok, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, 717-657-7770, facsimile 717-657-7797 _,,-Te--ssica Holst, Esquire, MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 120P. 1 4?S /Ytd t LL y C,1.ocV.aa % n pFF??e Coun?Y .r RUSSELL R. PENTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN A. DOTOLO DFFENDANT 2007-1189 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 05, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 02, 2009 at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 tl 2009 NOV -6 AM 11: 52 f Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 nmatasha,midnenn org Russell R. Pentz, Petitioner/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. Kathleen A. Dotolo, ; AKA Kathleen A. Grabowski : Respondent/Defendant No. 2007-1189 CIVIL ACTION - Custody PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kathleen A. Dotolo AKA Kathleen A. Grabowski, Defendant, to proceed in forma au eris. I, Nick Matash, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 1 2 Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 PA Supreme Court ID: 87916 2009 NGV 12 PII i :. Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 nmatashkmidpenn.org Russell R. Pentz, Petitioner/Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2007-1189 Kathleen A. Dotolo, AKA Kathleen A. Grabowski : Respondent/Defendant : CIVIL ACTION - Custody MOTION FOR RECONSIDERATION OF ORDER FOR SPECIAL RELIEF AND NOW, comes Respondent/Defendant, Kathleen Dotolo (Grabkowski), by and through her attorney, Nick Matash, MidPenn Legal Services, who files this Motion for Reconsideration of Order for Special Relief and in support thereof avers as follows: 1. On October 28, 2009 Plaintiff filed a Petition for Special Relief and Contempt with this Honorable Court seeking emergency, ex parte relief. 2. The emergency, ex parte relief sought was that Defendant relinquish physical custody to Plaintiff and that the subject child not be removed from the Commonwealth pending resolution by a later court proceeding. 3. In Plaintiff's Petition, he alleges that Defendant violated an Order of Court dated June 22, 2007 by relocating with the child to New York without securing either written consent from Plaintiff or by seeking the permission of this Honorable Court. 4. This relief was granted by this Honorable Court by way of an Order of Court dated October 30, 2009. Attached as Exhibit 1. 5. Plaintiff verified the contents of his Petition for Special Relief on October 23, 2009. 6. On or about October 17, 2009, the parties reviewed and executed an agreement whereby Plaintiff acknowledges Defendant's relocation with their child. Attached as Exhibit 2. 7. Plaintiff visited with the child, unsupervised, on November 8, 2009, in New York and at that point did not enforce the Order of Court. 8. Plaintiff retrieved the child from Defendant on November 10, 2009 in accordance with the October 30, 2009 Order of Court. 9. The parties have a conference scheduled before Custody Conciliator Dawn S. Sunday on December 2, 2009. 10. Plaintiff's counsel, Margaret Simok, Esquire, does not concur with this motion. WHEREFORE, Defendant requests this Honorable Court vacate the Order for Special Relief dated October 30, 2009 pending a determination of the credibility of the averments contained in Plaintiff's Petition for Special Relief and Contempt on December 2, 2009 at the custody conciliation conference. Dated: I d, Z- 0 BY Nick Ntatash Esq MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 PA Supreme Court ID: 87916 4?& uire VERIFICATION Pursuant to PA Rule of Civil Procedure 1024(c), the signature of the Defendant is not able to be obtained because she is located outside the jurisdiction of the court and verification of this pleading could not be obtained under the time constraints presented in this matter. I, Nick Matash, attorney for Defendant, verify that all statement of fact in the foregoing are based upon representations and documents of my client, and that such are true and correct to the best of my information and belief of the foregoing pleading, but intend to obtain such verification and substitute it for my own herein due course. I make verifications subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 7VI 2.10 ?? 1 Nick Matas , squire Attorney for Defendant EXHIBIT 1 OCT 2 9 2009 0 RUSSELL R. PENTZ, Petitioner/Plaintiff V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA CIVIL ACTION - LAW NO.07-1189 CIVIL TERM :CUSTODY ORDER OF COURT AND NOW, on this day of 2009, it is hereby ordered and decreed that Petitioner/Plaintiff, Russell R. Pentz, shall have primary physical custody Alexandra Fe Pentz pending further Order of Court. It is further ordered that Alexandra Fe Pentz be enrolled in school in the West Shore School District in Pennsylvania and not be removed from Pennsylvania pending a hearing, 2009,at , T M. in Courtroom # of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the issue of contempt will also be heard. BY THE COURT: J. Distribution: Margaret M. Simok, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, 717-657-7770, facsimile 717-657-7797 Jessica Holst, Esquire, MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 EXHIBIT 2 b?dh1??-bg4E, xsPn..J,"o?hl- e'er ?-? jkv- I Russell R. Pentz, Petitioner/Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : No. 2007-1189 Kathleen A. Dotolo, AKA Kathleen A. Grabowski : Respondent/Defendant : CIVIL ACTION - Custody CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in the Motion for Reconsideration of Order for Special Relief have been served upon the following person by the following means on the dates stated: NAME AND ADDRESS MEANS OF SERVICE DATE Margaret M. Simok, Esquire U.S. Mail 11/12/09 Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Respectfully Submitted: Date: ) I / L D S By: ee 4? Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 PA Supreme Court ID: 87916 nmatashnmidpenn.org FILED ? 2029 NO V 12 P11 ? ; f D 0 Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Marg_aret(& Scaringilaw.com Attorney for Petitioner RUSSELL R. PENTZ, Petitioner/Plaintiff V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA : CIVIL ACTION - LAW : NO.07-1189 CIVIL TERM :CUSTODY MOTION TO STRIKE DEFENDANT'S MOTION FOR RECONSIDERATION OF ORDER FOR SPECIAL RELIEF AND NOW, comes Petitioner/Plaintiff, Russell R. Pentz, by and through his attorney, Margaret M. Simok, Esquire, of Scaringi and Scaringi, P.C., who files this Motion to Strike Defendant's Motion for Reconsideration of Order for Special Relief and in support thereof avers as follows: 1. Petitioner/Plaintiff is Russell R. Pentz (hereinafter "Father"), an adult individual currently residing at 2102 Cedar Run Drive, Unit 304, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Respondent/Defendant is Kathleen A. Dotolo/Grabowski (hereinafter "Mother"), an adult individual who is believed to be currently residing at 143 West 2"d Street, Corning, New York 14830, at the home of her sister Connie A. Fick. 3. The parties are the parents of Alexandra Fe Pentz, born June 9, 1999 (hereinafter "Child") 4. On October 30, 2009, this Court issued an Order of Court requiring the minor child be returned to Pennsylvania. (Said Order is attached hereto and made a part hereof as Exhibit A). 5. The October 30, 2009, Order was not docketed until November 5, 2009, and was not received by Petitioner/Plaintiff s counsel until November 9, 2009. 6. On or about November 12, 2009, Respondent/Defendant filed an ex-parte Motion for Reconsideration. (Said Motion is attached hereto and made a part hereof as Exhibit B). 7. Pennsylvania Rules of Civil Procedure, Rule 1930.2 (a), states as follows: There shall be no motions for post-trial relief in any domestic Relations matters. 8. Petitioner/Plaintiff denies having ever seen or having signed the alleged agreement presented by Respondent/Defendant's counsel in the Motion for Reconsideration. 9. The child has been enrolled in the West Shore School District pursuant to the Order of Court of October 30, 2009. 10. Mother's request that the child be returned to school in New York, where the child was experiencing behavior difficulties, would result in the child changing schools three times in approximately six weeks. Such a request is not in the best interest of the child. WHEREFORE, Father respectfully requests that this Honorable Court strike Mother's request for reconsideration and allows the matter to proceed to a custody conference on December 2, 2009, at 3:30 pm before Dawn S. Sunday, Esquire. Respectfully submitted, Date: Margar M. Simok, Esquire SCARINGI & SCARINGI, PC 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 PA Supreme Court ID No. 89633 VERIFICATION I verify that the statements made in the Motion are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 1l-??-09 ? ,O Date Russell R. Pentz CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, do hereby certify that a true and correct copy of the foregoing motion was served on the following party on the date below via United States Postal Service, 1st class mail, mailed from Harrisburg, Pennsylvania: Nicholas Matash, Esquire MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 Date:---L I A 7 Lo By: argalOt M. Simok, Esquire RUSSELL R. PENTZ, Petitioner/Plaintiff V. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA : CIVIL ACTION - LAW KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant : NO.07-1189 CIVIL TERM :CUSTODY ORDER OF COURT AND NOW, on this 3d day of 6C"s7 a_- , 2009, it is hereby ordered and decreed that Petitioner/Plaintiff, Russell R. Pentz, shall have primary physical custody Alexandra Fe Pentz pending further Order of Court. It is further ordered that Alexandra Fe Pentz be enrolled in school in the West Shore School District in Pennsylvania and not be C0A.)Cj'(.r'44jb ) -whieh is set for-4e day of removed from Pennsylvania pending a hemitig, , 2009,at , _ M. in Courtroom # of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the issue of contempt will also be heard. two u 1 Cwtt i i06 ?4 Q 4 U s«` BY THE COURT: J. Distribution: Margaret M. Simok, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, 717-657-7770, facsimile 717-657-7797 Jessica Holst, Esquire, MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 Nick Matash, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 mnatash@,Mid-penn.org Russell R. Pentz, Petitioner/Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2007-1189 Kathleen A. Dotolo, AKA Kathleen A. Grabowski : Respondent/Defendant : CIVIL ACTION - Custody MOTION FOR RECONSIDERATION OF ORDER FOR SPECIAL RELIEF AND NOW, comes Respondent/Defendant, Kathleen Dotolo (Grabkowski), by and through her attorney, Nick Matash, MidPenn Legal Services, who files this Motion for Reconsideration of Order for Special Relief and in support thereof avers as follows: 1 1. On October 28, 2009 Plaintiff filed a Petition for Special Relief and Contempt with this Honorable Court seeking emergency, ex parte relief. 2. The emergency, ex parte relief sought was that Defendant relinquish physical custody to Plaintiff and that the subject child not be removed from the Commonwealth pending resolution by a later court proceeding. 3. In Plaintiff's Petition, he alleges that Defendant violated an Order of Court dated June 22, 2007 by relocating with the child to New York without securing either written consent from Plaintiff or by seeking the permission of this Honorable Court. 4. This relief was granted by this Honorable Court by way of an Order of Court dated October 30, 2009. Attached as Exhibit 1. 5. Plaintiff verified the contents of his Petition for Special Relief on October 23, 2009. 6. On or about October 17, 2009, the parties reviewed and executed an agreement whereby Plaintiff acknowledges Defendant's relocation with their child. Attached as Exhibit 2. 7. Plaintiff visited with the child, unsupervised, on November 8, 2009, in New York and at that point did not enforce the Order of Court. 8. Plaintiff retrieved the child from Defendant on November 10, 2009 in accordance with the October 30, 2009 Order of Court. 9. The parties have a conference scheduled before Custody Conciliator Dawn S. Sunday on December 2, 2009. 10. Plaintiff's counsel, Margaret Simok, Esquire, does not concur with this motion. VERIFICATION Pursuant to PA Rule of Civil Procedure 1024(c), the signature of the Defendant is not able to be obtained because she is located outside the jurisdiction of the court and verification of this pleading could not be obtained under the time constraints presented in this matter. I, Nick Matash, attorney for Defendant, verify that all statement of fact in the foregoing are based upon representations and documents of my client, and that such are true and correct to the best of my information and belief of the foregoing pleading, but intend to obtain such verification and substitute it for my own herein due course. I make verifications subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Dated: 1 ??? =l fi Nick Matas , Esquire Attorney for Defendant OCT z s zoos 69 RUSSELL R. PENTZ, Petitioner/Plaintiff V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Respondent/Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY. :PENNSYLVANIA CIVIL ACTION - LAW NO.07-1189 CIVIL TERM :CUSTODY ORDER OF COURT AND NOW, on this day of 2009, it is hereby ordered and decreed that Petitioner/Plaintiff, Russell R. Pentz, shall have primary physical custody Alexandra Fe Pentz pending further Order of Court. It is further ordered that Alexandra Fe Pentz be enrolled in school in the West Shore School District in Pennsylvania and not be removed from Pennsylvania pending a , Udy U1 , 2009,at , ^ M. in Courtroom # of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the issue of contempt will also be heard. Lutz "'i '??a?a y .44- BY THE COURT: 1w k - J. Distribution: Margaret M. Simok, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, 717-657-7770, facsimile 717-657-7797 Jessica Hoist, Esquire, MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 ti '?) A?e?--?L I -N." -- . I . 64? ?I?xc?:nd ra ._ ??.^uLt lp -e--,? - l.ril111_gP? 15 rrr'4-l _i9-rfndv A4--L c L P<, 14CC4 fn \tZ v Russell R. Pentz, Petitioner/Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2007-1189 Kathleen A. Dotolo, AKA Kathleen A. Grabowski : Respondent/Defendant : CIVIL ACTION - Custody CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in the Motion for Reconsideration of Order for Special Relief have been served upon the following person by the following means on the dates stated: NAME AND ADDRESS MEANS OF SERVICE DATE Margaret M. Simok, Esquire U.S. Mail 11/12/09 Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Respectfully Submitted: Date: ?l t' 1. a By: ` Nick Matash, Esquire MidPerm Legal Services 401 East Louther Street Carlisle, PA 17013 717-232-0581 x2106 PA Supreme Court ID: 87916 nmatashQmidpenn.org FILED-{:fir";: 1KC"F 2009 NOY 16 PM €2: 19 I DEC 0 4 2009 (? RUSSELL R. PENTZ Plaintiff VS. KATHLEEN A. DOTOLO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1189 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day of ?ijryl?? 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. V of the Cumberland County Court House on the day of '???y_? , 2010, at /Q,'OGb'clock ??. m., at which time testimony will be taken. For purposes of the hearing, the Mother, Kathleen A. Dotolo, now Grabowski, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated October 30, 2009 shall continue in effect. 3. The parties shall make arrangements for the Child to participate in counseling as soon as possible with a professional to be selected by agreement of the parties with the assistance of counsel. The parties shall make themselves available to participate in the Child's counseling if recommended by the counselor. The purpose of the counseling shall be to address the emotional issues which the Child is experiencing and to assess and monitor the Child's emotional well-being in light of the current family conflicts. Any costs of the counseling which are not covered by insurance shall be paid by the Father. 4. The Father, Russell R. Pentz, and the Mother, Kathleen A. Grabowski, shall have shared legal custody of Alexandra F. Pentz, born June 9, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the I Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 5. Pending the hearing and further Order of Court or agreement of the parties, the Mother shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 5:00 p.m., for which the parties shall meet for exchanges of custody at the Dunkin' Donuts in Williamsport. Notwithstanding the foregoing, the Mother's first weekend period of custody, which shall begin on Friday, December 4, 2009, shall run from Friday at 6:30 p.m. through Sunday at 8:00 p.m., for which the Mother shall provide all transportation. The parties agree that the Mother's husband may also assist in providing transportation. In the event the Child does not have school on either Friday or Monday immediately before or after the Mother's weekend period of custody, the weekend period of custody shall be expanded to include the day off school. In those instances, the parties shall share responsibility for transportation for the exchanges of custody so long as the arrangements can be tailored to accommodate the Father's work schedule. 6. For the Christmas holiday in 2009, the Father shall have custody of the Child on Christmas Eve through Christmas Day at 5:00 p.m. and the Mother shall have custody from Christmas Day at 5:00 p.m. through January 3, 2010 at 5:00 p.m., for which the parties shall exchange custody at the Dunkin' Donuts in Williamsport. Thereafter, the parties shall resume the alternating weekend partial custody schedule, with the Mother having custody on the weekend of January 15, 2010. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. BY THE COURT, cc: J ica Holst a?ssss Esquire - Counsel for Mother ?Margaret M. Simok, Esquire - Counsel for Father LE I } RUSSELL R. PENTZ Plaintiff VS. KATHLEEN A. DOTOLO Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1189 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandra F. Pentz June 9, 1999 Father 2. A custody conciliation conference was held on December 2, 2009, with the following individuals in attendance: the Mother, Kathleen A. Dotolo, now Grabowski, with her counsel, Jessica Holst, Esquire, and the Father, Russell R. Pentz, with his counsel, Margaret M. Simok, Esquire. 3. The Mother filed an Emergency Petition for Modification and the Father filed a Petition for Special Relief and a Petition for Modification. This Court entered an Order on the Special Relief Petition on October 30, 2009, granting the Father's request that the Child be returned to Pennsylvania, ordering that the Father have primary physical custody of the Child pending further proceedings and that the Child be enrolled in the Father's school district. 4. The Mother relocated with the Child to New York at the end of September. The Mother alleges that the Father signed a consent to the relocation on October 18. The Father alleges that the signature on the consent which the Mother provided is not his. The parties also dispute the facts surrounding the move as to whether the Father had advance notice and whether the Child's school was notified in advance appropriately. Both parties seek primary physical custody of the Child. 5. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing on the issue of primary physical custody. The conciliator discussed the possibility of having a custody evaluation completed to assist the parents in assessing the needs and interests of the Child. However, the parties are not financially able to obtain an evaluation. 6. The Mother's position on custody is as follows: The Mother believes that it would be in the Child's best interests to reside with the Mother in Corning, New York, where the Mother has family in the immediate area. The Mother stated that it became financially prohibitive for her and her husband to remain in Pennsylvania after the Mother lost her job and the move to New York has enabled the Mother to be a stay at home parent and available to the Child at all times. The Mother indicated that she had enrolled the Child in the local school district there and the Child was becoming involved in several activities and making friends. The Mother pointed out that the Child began kindergarten in New York as that is where she had resided at the time. The Mother stressed that she has been the Child's primary caretaker throughout her life and that the Father has been only sporadically involved with the Child. The Mother alleges that she is in compliance with the prior Order of this Court dated June 22, 2007, under which neither party could move more than 50 miles away with the Child without the consent of the other party. The Mother alleges that the Father signed the handwritten consent which she presented at the conciliation. The Mother seeks primary physical custody of the Child in Corning, New York, where the Mother currently resides. 7. The Father's position on custody is as follows: The Father believes it would be in the Child's best interests to remain in Pennsylvania to prevent further instability in her life. The Father noted that while in the Mother's primary physical custody, the Child had been enrolled in three separate school districts through fifth grade in addition to the most recent enrollment in the New York school. Partly as a result of those changes, the Father believes that the Child has emotional difficulty in relating to her peers and in transitioning in school. The Father believes it is essential that the Child obtain the counseling which has been recommended by school personnel. The Father stated that his main concern for the Child is stability and that the Mother's recent attempt to relocate with the Child to New York was the final motivating factor in his decision to seek primary custody. The Father adamantly denied signing the consent to relocation of the Child which the Mother provided at the conference. The Father seeks primary physical custody of the Child in Pennsylvania, where she is currently enrolled in the West Shore School District pursuant to the Court's October 30, 2009 Order. 8. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require from one-half to one full day. The Order also reflects the agreements that the parties were able to reach at the conference concerning counseling for the Child, holiday custody and partial physical custody for the Mother pending the hearing. acy 9 Date Dawn S. Sunday, Esquire Custody Conciliator OF THNE??? 20! DEC -7 PH 3144 O Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 MargaretAScaringilaw.com Attorney for Plaintiff RUSSELL R. PENTZ, Plaintiff V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Defendant AN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA : CIVIL ACTION - LAW : NO.07-1189 CIVIL TERM : CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Russell R. Pentz, Plaintiff, in the above-captioned matter, by and through his attorney, Margaret M. Simok, Esquire, and brings this Motion for Continuance and in support thereof respectfully represents as follows: 1. On October 28, 2009, Plaintiff filed a Petition for Special Relief and Contempt and a Petition for Modification with this Honorable Court. 2. On October 30, 2009, the Honorable Kevin A. Hess issued an Order of Court granting Plaintiff primary physical custody pending further of Court. 3. On December 2, 2009, the parties attended a Pre-Hearing Custody Conference before Dawn S. Sunday, Esquire. 4. No long-term agreement was reached at the conference. 5. On December 7, 2009, the Honorable Kevin A. Hess issued an Order of Court scheduling a hearing for March 5, 2010, at 10:00 A.M. 6. Plaintiff is enrolled in a 144 hour electrical apprentice program through which he is required to attend a mandatory, full day of class on March 5, 2010. (See letter from Plaintiff's employer, attached hereto and made a part hereof as "Exhibit A".) 7. Counsel for Plaintiff has requested concurrence in this request for continuance from counsel for Defendant, Jessica Holst, Esquire. 8. Attorney Holst has agreed to the continuance only if another court date is available in the month of March 2010 WHEREFORE, Margaret M. Simok, Esquire, requests this Honorable Court grant a continuance of the March 5, 2010, custody hearing. Respectfully Submittedx Date: _fiA g4 Margar M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 PA. Supreme Court ID No. 89633 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date /` ,? Russell R. Pentzz' `? r CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, do hereby certify that a true and correct copy of the foregoing Motion was served on the following party on the date below via United States Postal Service, I" class mail, mailed from Harrisburg, Pennsylvania: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Date: -t a -30 -0 By: I / M x9w,,a,.? Marg t M. 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RUSSELL R. PENTZ, Plaintiff V. KATHLEEN A. DOTOLO, Aka Kathleen A. Grabowski Defendant JM 05Lbju4 AN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA CIVIL ACTION - LAW : NO.07-1189 CIVIL TERM :CUSTODY ORDER OF COURT AND NOW, this G Itu day of , 20/6 , upon consideration of the 1/ 61 Motion for Continuance filed by Plaintiff, Russell R. Pentz, it is hereby ORDERED AND DECREED that the hearing scheduled for March 5, 2010, at 10:00 a.m., before the Honorable Kevin A. Hess, shall be continued until the dl.-"4 day of 0?naLA , 20,Q , at / 6 ' de) &,.m., in Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania BY THE COURT: KEVIN 0. HESS, JUDGE Di lb ion: aret M. Simok, Esquire, 2000 Linglestown Road; Suite 106, Harrisburg, PA 17110 ?Jessica Holst, Esquire, MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 (2'cT 1 ?-c ryl?u Gzcc ?/ yl? RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-1189 CIVIL KATHLEEN A. DOTOLO, a/k/a Kathleen A. Grabowski, Defendant IN CUSTODY ORDER AND NOW, this 2(.• day of March, 2010, it appearing that the parties have reached a tentative settlement in the matter, continued hearing is set for Thursday, August 19, 2010, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin,)( Hess, J. "Margaret Simok, Esquire For the Plaintiff Jessica Holst, Esquire For the Defendant :rlm li 1 c c-) `.: : Get C ? b 11. APR US 2010 2010 APR 12 AN 11.21 e7FNt'Y'SY ANA RUSSELL R. PENTZ, AN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW V. :NO.07-1189 CIVIL TERM KATHLEEN A. DOTOLO/ :CUSTODY GRABOWSKI, Defendant ORDER OF COURT AND NOW, this / Z - day of A.o o , 2010, both parties and their counsel having agreed to the terms set forth in this Order, it is hereby ORDERED and DECREED that custody of the parties minor child, Alexandra Fe Pentz, born June 9, 1999 shall be as follows: 1. Legal custody of the minor child shall be shared by Plaintiff, Russell R. Pentz (hereinafter referred to as "Father"), and Defendant, Kathleen A. Dotolo/Grabowski (hereinafter referred to as "Mother"). All decisions effecting the child's growth and development, including but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall endeavor to speak with one another before making any decisions affecting the schedule of the child. The parties further agree that neither shall unilaterally make decisions regarding the child's time that would affect the custodial time of the other parent. The parties shall share legal custody. 2. Father shall have primary physical custody of Alexandra until June 4, 2010. 3. Mother shall have partial physical custody of Alexandra until June 4, 2010, to include alternating weekends from Friday at 6:00 pm through Sunday at 7:00 pm. All details of such weekends will follow paragraph five of the December 7, 2006, Order of Court. 4. On June 4, 2010, if Mother has provided Father, through their respective counsel, adequate documentation that represents Mother has relocated to the Dauphin/Cumberland County area, the parties will share physical custody of Alexandra. Such shared physical custody will consist of a week-on-week-off schedule with exchanges occurring on Friday evenings at 5:30 pm. Mother will begin the schedule with her first week beginning on Friday, June 4, 2010. The party receiving the child will provide transportation. The shared physical custody schedule will continue until the August 19, 2010 custody hearing unless the child's counselor, Jamie Orris recommends otherwise or by mutual agreement of the parties to alter the schedule. 5. Mother shall pay to Father the sum of Seven Hundred and Fifty Dollars ($750.00) by April 26, 2010. This amount is one-half of the cost of Jamie Orris' services for 2 me March 26, 2010. Payment of the Seven Hundred and Fifty Dollars shall be in the form of cash, money order or certified bank check. 6. The parties will ensure that Alexandra continue in counseling with Jamie Orris of Guidance Associates. The parties agree to abide by all recommendations made by Jamie Orris, including but not limited to the appropriate treatment for the possible diagnosis of Attention Deficit Hyperactivity Disorder or any other possible diagnosis of a learning disability. Any costs of said counseling which are not covered by insurance shall be shared equally by the parties. Father will pay Guidance Associates for any non-insured costs and Mother will reimburse Father for one-half of such expense no later than seven days after she receives documentation of what Father has paid. 7. During the summer of 2010, Father will have custody of the child from 5:30 pm on July 10, 2010 through 8:00 pm on July 17, 2010. Inasmuch Father's vacation will extend into Mother's regularly scheduled periods of custody, Father will provide Mother with the appropriate make-up time with the child. 8. Mother will have the child on Mother's Day from 10:00 am until 8:00 pm and Father will have the child on Father's Day from 10:00 am until 8:00 pm. 9. The child will attend the Camp Hill Youth Sumer Stage Camp at Camp Hill High School, 100 South 24th Street, Camp Hill, beginning at 8:00 am and ending at 3:00 pm each day from July 19, 2010 through August 12, 2010. Both parties will insure child attends the summer program when the child is in their custody. 10. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the 3 free and natural development of the child's love and respect for the other parent. 11. If the child is to spend an overnight away from the custodial parent's primary residence, the custodial parent must provide the non-custodial parent with the address, at least twenty-four hours in advance of that evening. 12. Neither party shall consume alcohol to the point of intoxication during their custodial period. cc: rJ,*ca Holst, Esquire - Counsel for Mother garet M. Simok - Counsel for Father t ?V_ ' rn-.t LL A111 24 IC) ` x/yj BY THE COURT, R _,?4,'? /(- 4?, Kevin A. ess J. 4 0 RUSSELL R. PENTZ, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.07-1189 CIVIL TERM KATHLEEN A. DOTOLO, rte-.' ~ `~~ a/k/a Kathleen A. Grabowski ?`~ ~` ~`° ~`~' ~_, i t...~ C s~s~-~ ~ Defendant :ACTION IN CUSTODY ~ y~ -~, `-~. ~~ PRAECIPE ; -~ ys ~ ~ - TO THE PROTHONOTARY: . -• ~ -~' ,:::: .,, - s c ; Please withdraw the appeazance of Margaret M. Simok, Esquire of Scaringi & ~ Scaringi, P.C., on behalf of Russell R. Pentz, Plaintiff in the above-captioned custody action, and enter the appearance of Margaret M. Simok, Esquire of Maria P. Cognetti & Associates. Respectfully Submitted, Date: ,~--,3 - jp Date: $-3 -/c7 Mazgazet . Simok, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 Attorney I.D. No. 89633 Mazgaz . Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 110 Camp Hill, PA 17011 Attorney I.D. No. 89633 RUSSELL R. PENTL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-1189 CIVIL KATHLEEN A. DOTOLO, : a/k/a Kathleen A. Grabowski, Defendant IN CUSTODY ORDER AND NOW, this 2-`4 . day of August, 2010, following hearing, it is directed that the child, Alexandra Fe Pentz, born June E, 1999, be enrolled for the upcoming academic year in the West Shore School District. All other terms and conditions of the existing custody order in this case shall remain in full force and effect. BY THE COURT, Kevin A/Hess, J. r` Margaret Simok, Esquire For the Plaintiff Jessica Holst, Esquire For the Defendant :rlm yRa. /e? r?s as s N O SEP 2 9 2010 RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN A. DOTOLO/ NO: 2007-1189 GRABOWSKI, : Defendant CUSTODY ORDER AND NOW, this 3o' day of September 2010, on consideration of the attached Stipulation for Entry of an Agreed Order of Custody for Holiday Schedule, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an Order of Court. By the Court, ---?101 Kevin . Hess, President Judge Dibution: /Jessica C. D. Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 ,,,--la-argaret M. Simok, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 iESlLCL Q?3? f ?v c7 ', 7, j - , JIVIDEN & WEHNERT JULIE A. WEHNERT, ESQUIRE ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@kopelaw.com RUSSELL R. PENTZ, Plaintiff, vs. KATHLEEN A. DOTOLO, a/k/a Kathleen A. Grabowski Defendant. , . FILED-OFFICE UETHE.PRI M; tGl I AUG 18 CUMBERLAND PENNSYU"'A Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1189 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, KATHLEEN GRABOWSKI (DOTOLO), by and through her attorney, JULIE A. WEHNERT, ESQ., and makes the following Petition For Special Relief: 1 2 3 The Petitioner is Kathleen Grabowski, residing at 534 Woodthrush Ct., Harrisburg, Dauphin County, Pennsylvania 17110 (hereinafter "Petitioner" or "Mother") The Respondent is Russell R. Pentz, residing at 623 Coolidge Street, Cumberland County, Pennsylvania 17070. (hereinafter "Respondent" or "Father"). There are currently several custody orders in place. An Order of Court was issued on April 12, 2010, whereas legal custody of the minor subject child is aIV? S -I w fQ q h c k-*46W V-44. a (A31taY shared and physical custody of the minor child is shared on a week on/week off basis. This custody order also ensures that the minor child will continue in counseling with Jamie Orris, who at the time was with Guidance Associates but is now with Beacon Psychological Services of Pennsylvania. Ms. Orris was initially selected by Father and was agreed to by Mother. The parties agreed at that time that they would abide by the recommendations of Ms. Orris as they relate to the diagnosis of Attention Deficit Disorder and other learning disabilities. See attached Order marked Exhibit "A". 4. There is also an Order of Court issued on August 24, 2010 whereas this Honorable Court ordered that the minor child shall be enrolled for the upcoming school year, meaning the 2010 - 2011 school year, in the West Shore School District. The Order of Court did not address any future school years. See Order attached as Exhibit "B". 5. Since there was no Court Order relating to the current school year, the 2011- 2012 school year, Mother in consultation with the court ordered counselor, Jamie Orris, discussed the possibility of Alexandra enrolling in St. Catherine's Laboure School, 4020 Derry .Street, Harrisburg, PA because it would be halfway between both the parties' residences. At the time of the discussion with Ms. Orris, Mother had not contacted any parochial schools nor had she filed any registration forms or any other paperwork to enroll Alexandra in any school. 6. Mother and Ms. Orris believe that the smaller school environment and more structured learning that would be inherent in a parochial school system would be in the best interest of Alexandra. One of the main subjects discussed in this conversation with Ms. Orris was the fact that Alexandra has had issues with bullying at her current school, New Cumberland Middle School. Alexandra has been in the principal's office crying several times due to being bullied and has been involved in a physical fight with a boy due to him bullying her. Kids in the school call her nasty names and push her around. She has very few friends there. 7. Alexandra was baptized and confirmed Catholic and has been raised in the Catholic faith since birth. Since the Court Order has changed to the shared week on/week off arrangement, when Alexandra is the custody of Father she attends a non-Catholic church that Mother has not agreed to. Father refuses to tell the Mother what church she is attending or anything about it. Father has also signed Alexandra up with church camp without discussing it with Mother. Mother would like Alexandra to continue being raised in the Catholic faith and Father knows how important this is to Mother 8. Since Ms. Orris agreed that this would be a good thing for Alexandra she agreed to speak with Father to facilitate the discussion of parochial school with Mother. She also sent Father a letter outlining her reasoning on why the parties should discuss parochial school. Ms. Orris also spoke with Father on the phone to discuss the school issue. See letter attached as Exhibit "C". 9. Upon speaking with Ms. Orris, Father got so irate that he told Ms. Orris that he was pulling his consent for Alexandra to see her as a counselor and that all appointments that have been scheduled by Mother be cancelled. Father would not even discuss what is in the best interest of the child relating to her educational welfare with Mother. Father is the party that is refusing to discuss any educational issues with the Mother. Mother was enlisting Ms. Orris' help in facilitating the discussion not in telling Father what was going to happen. 10. Mother believes that moving Alexandra to a parochial school will not only be in Alexandra's best interest but would also resolve a lot of issues between Mother and Father's current wife. As stated above there have been issues with the religious training of Alexandra. When Alexandra was initially enrolled in the West Shore District in February 2010, Father filled out the paperwork and did not list Mother as an Emergency contact nor did he give full information to the school regarding Mother's phone numbers and email addresses. Mother was not listed as a contact for Alexandra until November 2010 after school had already commenced. See school paperwork attached as Exhibit "D". 11. Due to this, West Shore School District has continuously given information to Father's current wife that they should not be giving her even though Mother has continuously requested that the school stop this. Mother believes that Father's current wife is way too involved in the parental decisions that should be made solely between Mother and Father. She has insinuated herself into the schooling of Alexandra because her children go to the same school and she believes that the school must tell her everything about Alexandra. She corresponds directly with Alexandra's teachers and does not carbon copy Mother into these conversations. If Alexandra is going to a parochial school this meddling would not happen and the parents would be able to be the parents and make the parental decisions. 12. Due to the above, the Petitioner is respectfully requesting that this Honorable Court grant Petitioner's Petition for Special relief and issue and an Order allowing the Mother to enroll the minor child in parochial school at St. Catherine's Laboure School for the upcoming school year and to ensure that Jamie Orris remains the counselor for the minor subject child. 13. The best interest and permanent welfare of the child will be served by granting relief as requested because: (a) Mother believes that going to a parochial school with its smaller school environment and emphasis on the Catholic faith will benefit the child; (b) Moving schools will alleviate the conflict and friction between the Mother and the Father's current wife and allow for a more harmonious family situation for the child. (c) Keeping Jamie Orris as the child's counselor will allow stability in Alexandra's therapy. The child trusts and likes Ms. Orris and changing counselors or removing therapy all together from the child routine would cause suffering to the child's mental and emotional well-being. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant an Order of Court allowing Mother to enroll the minor child in St. Catherine's Laboure School, 4020 Derry Street, Harrisburg, PA for the upcoming and all future school years and to maintain Jamie Orris of Beacon Psychological Services of PA as the child's counselor. Respectfully Submitted, JIVIDEN & WEHNERT i1 By: J e A. Wehnert, Esq. Dated: VERIFICATION I, Kathleen Grabowski, verify that the statements made in this Emergency Petition for Special 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 unsworn falsification to authorities. Dated: aal" J lUff ? Kathleen owski i a APR U1 RUSSELL R. PENTZ, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW V. :NO.07-1189 CIVIL TERM KATHLEEN A. DOTOLO/ :CUSTODY GRABOWSKI, , Defendant ORDER OF COURT AND NOW, this day of , Y Pralz? , 2010, both parties and their counsel having agreed to the terms set forth in this Order, it is hereby ORDERED and DECREED that custody of the parties minor child, Alexandra Fe Pentz, born June 9, 1999 shall be as follows: 1. Legal custody of the minor child shall be shared by Plaintiff, Russell R. Pentz (hereinafter referred to as "Father"), and Defendant, Kathleen A. Dotolo/Grabowski (hereinafter referred to as "Mother"). All decisions effecting the child's growth and development, including but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extracurricular activities, shall be considered major decisions and shall be made by the parties jointly, after \I 611 discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall endeavor to speak with one another before making any decisions affecting the schedule of the child. The parties further agree that neither shall unilaterally make decisions regarding the child's time that would affect the custodial time of the other parent. The parties shall share legal custody. 2. Father shall have primary physical custody of Alexandra until June 4, 2010. 3. Mother shall have partial physical custody of Alexandra until June 4, 2010, to include alternating weekends from Friday at 6:00 pm through Sunday at 7:00 pm. All details of such weekends will follow paragraph five of the December 7, 2006, Order of Court. 4. On June 4, 2010, if Mother has provided Father, through their respective counsel, adequate documentation that represents Mother has relocated to the Dauphin/Cumberland County area, the parties will share physical custody of Alexandra. Such shared physical custody will consist of a week-on-week-off schedule with exchanges occurring on Friday evenings at 5:30 pm. Mother will begin the schedule with her first week beginning on Friday, June 4, 2010. The party receiving the child will provide transportation. The shared physical custody schedule will continue until the August 19, 2010 custody hearing unless the child's counselor, Jamie Orris recommends otherwise or by mutual agreement of the parties to alter the schedule. 5. Mother shall pay to Father the sum of Seven Hundred and Fifty Dollars ($750.00) by April 26, 2010. This amount is one-half of the cost of Jamie Orris' services for 2 March 26, 2010. Payment of the Seven Hundred and Fifty Dollars shall be in the form of cash, money order or certified bank check. 6. The parties will ensure that Alexandra continue in counseling with Jamie Orris of Guidance Associates. The parties agree to abide by all recommendations made by Jamie Orris, including but not limited to the appropriate treatment for the possible diagnosis of Attention Deficit Hyperactivity Disorder or any other possible diagnosis of a learning disability. Any costs of said counseling which are not covered by insurance shall be shared equally by the parties. Father will pay Guidance Associates for any non-insured costs and Mother will reimburse Father for one-half of such expense no later than seven days after she receives documentation of what Father has paid. 7. During the summer of 2010, Father will have custody of the child from 5:30 pm on July 10, 2010 through 8:00 pm on July 17, 2010. Inasmuch Father's vacation will extend into Mother's regularly scheduled periods of custody, Father will provide Mother with the appropriate make-up time with the child. 8. Mother will have the child on Mother's Day from 10:00 am until 8:00 pm and Father will have the child on Father's Day from 10:00 am until 8:00 pm. 9. The child will attend the Camp Hill Youth Sumer Stage Car.-Lip at Camp Hill High School, 100 South 24th Street, Camp Hill, beginning at 8:00 am and ending at 3:00 pm each day from July 19, 2010 through August 12, 2010. Both parties will insure child attends the summer program when the child is in their custody. 10. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 11. If the child is to spend an overnight away from the custodial parent's primary residence, the custodial parent must provide the non-custodial parent with the address, at least twenty-four hours in advance of that evening. 12. Neither party shall consume alcohol to the point of intoxication during their custodial period. BY THE COURT, I/ ka4o?e?_ "I I - IL? 'I/ evin A. Hess J. cc: Jessica Holst, Esquire - Counsel for Mother Margaret M. Simok - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Co at Carlisle, Pa. - This d2tL%day of , 20 s?r,?•& Prothonotary r 4 RUSSELL R. PENTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-1189 CIVIL KATHLEEN A. DOTOLO, a/k/a Kathleen A. Grabowsid, Defendant IN CUSTODY ORDER i'UN 'NOW, this Z-" . day of August, 2010, following hearing, it is directed that the child, Alexandra Fe Pentz, born June 6, 1999, be enrolled for the upcoming academic year in the West Shore School District. All other terms and conditions of the existing custody order in this case shall remain in full force and effect. Margaret Simok, Esquire For the Plaintiff Jessica Holst, Esquire For the Defendant rltn BY THE COURT, Kevin AZHess, J. l , TRUE COPY FROM RECORD In Testimo y whereof. I here unto set my hand and the a" of said Court at Carlisle, Pa. This, 9 of G P. ry \-? bil AUG-17-2011 14:17 FROM: TO:7303770 P.1/1 Beacon Psychological Services Laurie Pittman, Ph.D. of Pennsylveftust 3, 2011 Director, Licensed Psychologist 3903 Hartzdale Drive, Suite 305 717-763-8650 Camp Hill, PA 17011 LL Fax: 717-763-8653 Re: Allic Pentz www.boaconpsychologicalpa.com Allic continues to be secn ror therapy at Beacon Psychological Associates. I have bccn seeing Allie biweekly recently to help her to adjust to the new setting here at the office and to continue to work with her on issues such as assertiveness and socialization. During one of her recent sessions, Allie's mother shared with me that she had been looking at the possibility of sending AI lie to Saint Catherine's for school this upcoming year due to the fact that the existing order appears to have only been for the last school year. While she had a positive year overall last year, Allie struggled with the issues related to a larger school setting. Parochial school would give her the opportunity to get her religious education durbtg the course of the school day, and there could be mcrits in the smaller class size and more sheltered environment. It as also possible that it would be n better match for her issues that involve immaturity for her age. It would be beneficial for Allie's parents to discuss this option and determine its level of feasibility her to start the new school year. Jamie Orris, LSW •?• 1 k? ( ii New Cumberland Middle School 331 8th Street New Cumberland, PA 17070 Phone: 717-774-0162 Fax: Registration Verification Current demographic, guardian, emergency contact and state reporting information jor your student is listed below. Please review the information and make any additions for information that is missing and/or changes on the corresponding correction line of the form, Please sign on reverse side and return the form to school This form needs to be ciened and r r urn d even ' na Lf-911ee _?$ Thank you Home Room: 12 Student ID: 1000027154 Name: Pentz, Alexandra Fe Grade: 6 Correction .in Last Name: Pentz First Name: Alexandra Middle Name: Fe Nick Name: Birth Date: 6/9/1999 Gender: Female Ethnicity: White Ethnicity: Check only Hum of the aPPoprift stare regtrLred codes if correcting. (3 American lndisa/Alashan Native i3 Black O White Mailing Address: 623 Coolidge Street New Cumberland PA 17070 Asian/Paclfic Islander [3 Hispanic [3 Multi-Racial Physical Address: 623 Coolidge Street New Cumberland PA 17070 Phone: 717-7911-7270 Parent/Guardtan Information - Indicate relationship to student next to name: Mother, Father, Foster Parent, Grandparent, Self, Agency Rep, Case Worker, Sponsor Parent Contact 1 Russell Pentz -Father Address: 623 Coolidge Stmt Now Cumberland PA 17070 Phone: -1-6124882 73TV1S*8ft, 719652goggorg1 '?i7-? 4 a 3 -1 ?y Time Phone Cell Phone work Plwkte - / _7Q J / V Email: peutzgoofy34 aoLcomi Parent Contact 2: Kathleen (Dotolo) Grabowsid - Mother Address: 534 Woodthrusb Ct Harrisburg PA 17110 0 Phone: (J-1 °QQ7j Glz.- ,% ext -704"-00-15 Hotne Phone Cell Phone -Z,-tYork Phone - Lt7 ??- Email: Parent Portal Contact: Pentz, Russell R Phone: home Phone Email: F_merztnev Contacts - Indicate relationship to student next to name: Agency Rep, Babysitter, Friend, Grandparent, Neighbor, Relative, StepMother, StepFather, other EmerE Contact 1: Dawn f116tmsee•r1PrRlltr- Y??Wh ?('? _ (' ? ? ? .? 5-?-? ?d? Address: 623 Coolidge Street New Cumberland PA Phone: 717-774-4323 717-350-0525 ext Flom. Phune Cell Phone Work Phone merg Contact 2: A I Y (Q? ?j n , ?.?pC l 1 L1 Address: y V???r ` 't ??1?•?lr -. Phone: rr he3 q r-t Home Phone Cal! Phone Work Phone / Emerg Conts 3; `--?? ; 2 (? 3 i b 9 n Address: qty Phone: ext Home Phone C.li Phone tv„rk Phone P:'ae 1 'f2 Cnntinuc to oche; tide A \1 it Parent/Guardian of. Pentz, Alexandra Fe New Cumberland Middle School 6 POTASSIUM IODIDE (KI) TABLET DISTRIBUTION Consent Form Please indicate your desire to have your child participate in the Potassium Iodide (KI) Tablet Distribution. Circle YES or NO below. If you circled YES, place a check mark on the line next to your selection. Sign and date where indicated. YES I WANT my child to be given a 65 mg KI tablet by my child's teachers when instructed by public health officials in the event of a radioactive emergency during school hours. I grant permission for my child to take a KI tablet during the years my child attends New Cumberland Middle School. No further permission will be requested by the School District during the years your child attends New Cumberland Middle School. I grant permission for my child to take a KI tablet during the 2010-2011 school year only. NO I DO NOT WANT my child to be given a 65 mg potassium KI tablet by my child's teachers when instructed by public health officials in the event of a radioactive emergency during school hours. S Parent or Legal Guardian's Signa a4t'! .{ Date: blo, is 116 RETURN TO YOUR CHILD'S SCHOOL UPON COMPLETION. Parent/Guardian of. Pentz, Alexandra Fe 623 Coolidge Street New Cumberland, PA 17070 s New Cumberland Middle School DECLARED TMI EMERGENCY AUTHORIZATION FORM In the event of a declared TMI emergency, New Cumberland Middle School students will only be released at Lemoyne Middle School to their natural parents, legal guardians or an authorized individual whose name appears on this page. If this form is not on file at the school at the time of a declared TMI emergency, a student will ONLY be released to his or her natural parent or legal guardian. PLEASE PRINT LEGIBLY / r- I, (parent or guardian's name& S S Q 1, ^ . 9en±9 ?41' , authorize the West Shore School District to release my child, Alexandra Pentz, to the following person listed below during a declared TMI emergency. The parent or legal guardian's name need not appear on the following list. Non-custodial or stepparent's name must be listed. The individual's signature following the printed name will help provide proof of identity at the designated pick-up r point and confirm the Individual Is accepting full legal responsibility for the child's safety. I understand the West Shore School District does not endorse, or support, returning a student into the ten (10) mile evacuation zone onc,,ei he or she has been safely evacuated. i Parent or Legal Guardian's Signature Q Date 0 /?? !(() Printed Name of Authorized Person Si nateAAut1h1qn'z=ed Person _P The signature of the authorized individual following his or her name must match the signature of the individual signing the child out of school in the event of a declared TMI emergency. DO NOT WRITE BELOW THIS LINE For School District Use Only Authorized Individual's Signature Time WEST SHORE SCHOOL DISTRICT CONSENT FOR RELEASE OF INFORMATION: INCOMING (For use under Board Policy 216) I, the parent/guardian of Fc c'-,wfz for grant permission ?? to release information from my child's records to the West Shore School District. It is my understanding that these records will be used for purposes of planning an appropriate educational program for my child and will not be released to any outside agency or person without my permission. The information released may include such educational, psychological, or medical records as requested by the West Shore School District. Parent/Guardian Signature Dat BP Form 5/17/04 WEST SHORE SCHOOL DISTRICT CONSENT FOR RELEASE OF INFORMATION: OUTGOING (For use under Board Policy 216) I, the parent/guardian of -l / . j )c --e /?''cyfZ , grant permission to the West Shore School District to release information fro my child's records to the following facility: ?2[ ao?cr 4f s6 C-ee±: `e o?L I have been made aware of the type of information that will be released and understand that this consent applies only to this particular instance and does not constitute permission to release information to any other individual, agency, or institution. Parent/Guardian Signature Day /I u BP Form 5/17/04 WEST SHORE SCHOOL DISTRICT STUDENT FILE MAINTENANCE STUDENT INFORMATION Revised 05/20109 Multiple Occupancy ® Affidavit ? PA Secure ID No. 3390804501 Student No. 1000027154 Type ? Withdraw Code E1 Effective Date ? Add 08/15/2010 ® Change Student Name (Last, First, Middle) Pentz Alexandra Fe Father/Guardian (Last, First) Pentz Russell Resides with ®Yes ? No Mother/Guardian (Last, First) Grabowski Resides with ? Yes ®No Legal Guardian(s)/Responsible For Z Father Z Mother ? Other ?- Address Line 1 623 Coolidaa gtraeat Address Line 2 City, ZIP New Cumberland, PA 17070 Home Phone 717-612-8882 cell ? Unlisted Building LM / NC Grade Residency Curriculum Date of Birth 06/09/99 Sex REMARKS: Previous address was: 2101 Cedar Run Drive, Camp Hill, PA 17011 LM update PowerSchool and forward records to NC NC update PowerSchool as necessary Homeroom Exceptionality Race Prepared by Date: Checked by: Dotty Deckard 08/09/2010 Principal IIII Signature Date of Signature: INTRA-DISTRICT TRANSFER West Shore School District STUDENT'S NAME: STUDENT'S CURRENT GRADE: 6' -/h DATE OF BIRTH: OLD INFORMATION i(X)c0a7/sq 33Ro8O'?Sa 1 MI SEX: ADDRESS: --2?1 (f c.c/r't4 STREET CITY<// ZIP HOME TELEPHONE: ? UNLISTED PUPIL LIVED WITH: ? BOTH PARENTS ? MOTHER Z ATHER ? STEP FATHER ? STEP MOTHER (? ? OTHER (specify) Most Recent School Attended: h'lo LI '? Last Day? /o Special Education/Remedial Class Required? ? Yes ENO Type: NEW INFORMATION ADDRESS: STREET HOME TELEPHONE: ZIP ____ U UNLISTED PUPIL LIVES WITH: ? BOTH PARENTS MOTHER Ma?WrA THER ,., 1T STEP FATHER tP MOTHER OTHER (specify) Custody/Guardianship documents, if applicable, must be copied and attached as well as Proof of new residency (lease agreement or settlement sheets). New School to Attend: First Da : This form completed by: y S-Sr/? i2 ??fz /? Print ame d Signature Relationship to student: oday's Date: By signing this document, I hereby verify that I1111n the primary, custodial parent ally appointed guardian of the above listed student, and that I have r i isled, withheld, or falsified atyy information. Do not write below this line ? Proof of Residency Copied ? Identification Copied Registration Card Completed ? Custody Documents Copied ? Buff Completed & E-Mailed v6-:io-10AGw:17 RCVD West Shore School District Information Sheet Ent. Grade School ID School Date of Entry Code (Do NOT Write Above This Line) Date of W/D Code PLEASE PRINT Student Name 141C h-,ate, Last - Hrst M Gender ? M Middle Nickname Date of Birth Ethnicity [White/Caucasion ? Black/African American ? Hispanic ? Asian/Pacific Islander ? American Indian/Alaskan Native ?Multt-Racial Home Telephone L717) 42 7 7 Unlisted? ? Yes F1 No Special Education Required? ? Yes ? No Type Address AF /' 2 -Z / /. _/ ? . .. - e. i ' `'cats ZIP County El York Cumberland Township/Borough /C(f // usc. l?rc ?r>:?./ PA Entry Date US Entry Date Previous school Is student over 18 years of age and enrolling as an independent student? ? Yes E N-o Student lives with - Check each that applies ? Mother Father pI Ste-Mother El Other (specify) p ?Step-Father MOTHER / GUARDIAN INFORMATION Name ?XL G,r a? sue. Employer Home Phone - Work Phone _ ExtCell Phone E-Mail Utudentdr Only list address If differeth@Street Address rk . City/State/Zip ?4? f y l 7-,k;„ ,C, S 'S y FATHER / GUARDIAN INFORMATION Name 1 rr? Employer Home Phone Work Phone Cell Phone yP - E-Mail Only list address if differ Street Address City/State/Zip fr-.fz Ext. than student address EMERGENCY CONTACTS (Adults to be contacted if we cannot reach parent/guardian) Name Relationship Home Phone Work Phone Cell Phone Contact 1 l?ilwn ?? rtf ? Ext. 7/Z- 7 r- i, z 5? STUDENT MEDICAL INFORMATION Physician/Practice Name Health Problems? Telephone If health accommodations are required, please briefly explain WEST SHORE±SCH OL DISTRICT IGIST TION LDENT] ICATIOI?? Ile, Student Name _ . than Narne.? ? Address," Sti PA city 7c e ' F state . Zip Coda <d» of/ ?? hereby ver£x that j'am a primary custodu4 Pa"nento lega1( that ,Z r? T y appointer o F` n enrollment }ie West Shot School Disincf j c? tint, ied rcti strakon mfoiiaTior for' further venfy that I do?.? 7 ll? Wei Shore School ?isfrlet l will no { w? y m 'reside of the residrnct address Ltd afiovp r r n ?; tify West Sho 4` A, ' School D tt of an Y but not re ter to, a change m teleph number r : Y-:information t, charges such ono a ?e TlOthnSlCd, ??7LCLt Cld r 0.SItiCIICC add ICSS IJLCLLStpolal` arCnt C n18*? or falsified any`infoLmatton P age I firrth? `emery tl a f ha C a a I ` 4 Section 49Ud nsworn falslfi ahon to autho? r 'a 1 ( n general"person pcommrts"`a rhes a Perf6 Kmun oi$cial fi nc , , he 1 meanor of se the cond dc?ee wrt to t Tr on an ?)eSan? q r?tten false slat mislead' a pubkc gervant ,Il' a in rtrue, itin& ce on any wi h fie ws to beorgtercd o'XwhOdich ytie notb siti, antfleIlhc+ {Iz} ?temen i`u as P ?h Sale lI!]C]I n-Il-, $, lan lGji or ; , t e Sla s caner naI? , ?r fltS o?jecCwln ,? Omit , es `?`? 'h he da "?s" ° tY 1? person dommrt? a '' ? .'?`? o f cfi ?ie )mows ? ei?fa?se?-' ? ;? ' `' r hue ntiteiie`ve tO he tau oYi or muthu ?g ife + fals rtments madeerer]ase Puuiyhable pw scant to a fimiea}mg notice, au thoirt?dye the ern c a law ffect ? ? ' l)rflVIS10nS 3 J1L`3b?E . sjeCg6li 02 7jg? h 1j F t t h ?? s n a t?3t" T? - ?+ ks' t x.r, a ?.. (relating t0 ?C'J ttr<? `7't'h"S tD Luls secticn„ ` I V Cr?yy CIlC $tatE s 1 ' '? K ;. i > ? a <x r ;? r r oral e 'of, e made herein are true and co?Tclt I " d state` , r? ,f ? a P , 18 PAC S.A. 'section 4904 relating to unsworn " n that' false meIlt$ arc c subs eet to thr undersfand 211 of the ab'' ove falsrGra? thontlcs, naIl r informah on addsho on to a?a Y> I ?yQ read and Signature Of Parent/Guardian ?D Befoie me the undersigned officer, Personally a e d being duly sworn accoi PP died the above named resident of the W ding £O , de uses and st Shore School bistnct Rho ~? law sa s that the ttr s set forth in the forgoing statement are true and correc t Sword to and subscMbedbefore'me ` Commonwealth ofPenrsylvazna) this dzy of ) York County ) ' Signature and Seal " .. ;. ? ' Y of Executing Ofd"cer 41 CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that on this 18th day of August, I served a true and correct copy of the foregoing Petition for Special Relief via regular U.S. First Class mail, postage prepaid, addressed as follows: Margaret Simok, Esquire Cognetti & Associates 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney of Record for Plaintiff Russell Pentz 623 Coolidge Street New Cumberland, PA 17070 4pr A. W ehnert, Esq. eme Court I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 Tel: (717) 730-3700 Fax: (717) 730-3770 Attorney for Defendant RUSSELL R. PENTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENN SYLVANIAC-) ? r?rt v' :raw rn 2007-1189 CIVIL ACTION LAW w rn -t D C) r r--x --to KATHLEEN A. . DOTOLO j' C) IN CUSTODY ? DEFENDANT ? -+ ORDER OF COURT AND NOW, Wednesday, August 24, 2011 , upon consideration of the attached Com plaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 21, 2011 at 2:30 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq.,/y? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ? /,7e??ephone (717) 249-3166 45 ? C/ r4? f ? Sim Of y A0 one oz 41111 A<