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TRACEY AANA ROBINSON,
Plaintiff
.
.
IN THE COUR'r OF COMMON PLEAs OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
va.
.
.
NO. 98.-502
CIVIL TERM
WILLIAM ROBERT MARCHESANO, :
(a/k/a: WILLIAM ROBERT STOTLER, JR.) CIVIL ACl'ION _ LAW
Defendant CUSTODY/VISITATION
.
.
ORDER OF OOURT
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conaiderat:: ~'t~~i:tt~hcu~a~: con~d~~Repot"t,
and dit"ected as follows:
, 1998, upon
it is ordet"ed
1. The Mothet", Tracey Rana Robinson, and the Fathet", William Robet"t
Marchesano, ahall have shat"ed legal custody of Rhyn William Marchesano,
born August 29, 1996.
2. The Mother shall have pt"imat"Y physical custody of the Child.
3. The Fathet" shall participate in a pt"ogt"am (with a minimum of six
(6) sessions) of parenting classes/counseling involving intet"action between
the Father and the Child to be conducted by a qualified prOfessional
selected by agt"eement of the parties and counsel. The pUt"pose of the
parenting program shall be to obtain a pt"ofessional evaluation regarding
the Father's attendance/participation and t"ecorranendations with regard to
ongoing sessions if needed. The Father shall be responsible for all costs
associated with the progt"am under this paragraph.
4. Upon initiation of the parenting pt"ogram under the pt"eceding
pat"agraph of this Ot"det", the Father shall have unsupervised pat"tial
physical custody of the Child every Sunday ft"om 2:00 p.m. until 8:00 p.m.
fOt" a period to coincide with the Fathet"'s ongoing participation in the
parenting pt"ogram.
5. Upon the Father's completion of the parenting program in
accordance with the pt"Ofessional's reconunendations, the Fathet" shall have
partial physical custody of the Child fat" two (2) consecutive weekends from
Friday at 6:00 p.m. until the fallowing SatUt"day at 6:00 p.m. Thereaftet"
on an ongoing basis, the Father shall have pat"tial physical custody of the
Child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00
p.m.
6. The Father shall complete the drug and alcohol evaluation, testing
and recommended treatment required by this Court's prior Order dated
september 27, 1996, prior to implementation of overnight periods of custody
with the Child under this Order.
7. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Christmas holiday Rhall be divided into
Segment A, which shall run from Chrir.;i;ii.~:1 Rve at 12:00 noon
until Christmas Day at 12:00 noon, and Segm.nt B, which shall
run from Christmas Day at 12:00 noon until December 26 at
12:00 noon. The Mother shall have custody of the Child during
Segment A in even numbered years and during Segment B in odd
numbered years. The Father shall have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years.
B. Thanksgiving Day: In every year, the Mother shall have
custody of the Child on Thanksgiving Day until 2:00 p.m. and
the Father shall have custody of the Child fran 2:00 p.m.
until 8:00 p.m.
C. Alternating Holidays: The parties shall alternate having
custody of the Child from 10:00 a.m. until 6:00 p.m. on the
following holidays, beginning with the Father having custody
of the Child on Memorial Day in 1998: New Years Day, Easter,
Memorial Day, July 4th, and Labor Day. The party who
otherwise has custody of the Child on Easter Sunday in 1998
under the regular custody schedule shall have custody for the
holiday.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 6:00 p.m.
8. The Father shall provide transportation for all exchanges of
custody under this Order and shall be punctual in picking up and returning
the Child to the Mother's residence. The Father and any individuals
accompanying the Father shall remain in the car during exchanges of
custody.
9. The Father shall administer to the Child all necessary medical
treatment as prescribed by the Child's physician during the Father's
periods of custody.
10. Prior to initiation of periods of partial custody with the Child,
the Father shall provide to the Mother his current telephone number at the
residence where the Child will be staying. On an ongoing basis, each party
shall insure that the other party has an updated address and telephone
number where the Child can be reached during his or her periods of custody.
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11. Neithe~ pa~ty shall d~ink alcohol immediately p~io~ to o~ du~ing
his o~ he~ pe~iods of custody with the Child.
12. The pa~ties and counsel shall attend a second Conciliation
Conference in the office of the Custody Conciliator, Dawn S. Sunday,
Esquire, on Wednesday, June 3, 1998 at 9:00 a.m.
13. This Order is ente~ed pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
/
BY THE COURT, /
,
/
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Matt McClenahen, Esquire - Counsel for Father] AlLA.,lt It
Jan Terpening - for Mothe~
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TRACEY RANA ROBINSON, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. : NO. 98-502 CIVIL TERM
: CIVIL ACTION - LAW
WILLIAM ROBERT MARCHESANO, .
.
(a/k/a William Robert Stotler, Jr.) .
.
Defendant . IN CUSTODY
.
PRIm JUDGE: Bdgar B. Bayley
ClJS'la)Y cx:NCILIATI~ SlI!MAID!' REPmT
IN A<XDUlIlNCE WITH <nmERLlIND CXXNl'Y RULE OF CIVIL M<U.:ISI.JllRE
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
alRRPNrLY IN ClJS'la)Y OF
Rhyn William Marchesano
August 29, 1996
Plaintiff/Mother
2. The initial Conciliation Conference was held in this matter on
February 25, 1998. The parties agreed to entry of the attached Order, which
was signed by Judge Bayley on February 27, 1998. The Order scheduled a
second Conciliation Conference for June 3, 1998.
3. The second Conciliation Conference was held on June 3, 1998, with
the following individuals in attendance: The Mother, Tracey Rana Robinson,
with her representative, Jan Terpening, and the Father, William Robert
Marchesano, with his counsel, Matt McClenahen, Esquire.
4. At the Conference, it was determined that the Father had not
arranged for participation in a parenting program in accordance with
paragraph 3 of the prior Order, nor had the Father completed or obtained
confirmation of completion of the drug and alcohol evaluation required by
paragraph 6 of the prior Order. The drug and alcohol evaluation had been
previously ordered in dependency proceedings on September 27, 1996.
5. At the Conference on June 3, 1998, the Father agreed to take the
necessary steps to comply with paragraphs 3 and 6 of the prior Orde~ related
to the parenting program and drug and alcohol evaluation.
6. The prior Order dated February 27, 1998, entered after agreement at
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TRACEY RANA ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
vs.
: NO. 98-502
CIVIL TERM
:
WILLIAM ROBERT MARCHESANO, :
(a/k/a: WILLIAM ROBERT STOTLER, JR.)
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
aIDER OF CXXJRT
AND tOI, this 2:lf- day of ~ -,
consideration of the attached Custody Conc hat],on Report, it
and directed as follows:
1998, upon
is ordered
1. The Mother, Tracey Rana Robinson, and the Father, William Robert
Marchesano, shall have shared legal custody of Rhyn William Marchesano,
born August 29, 1996.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall participate in a program (with a minimum of six
(6) sessions) of parenting classes/counseling involving interaction between
the Father and the Child to be conducted by a qualified professional
selected by agreement of the parties and counsel. The purpose of the
parenting program shall be to obtain a professional evaluation regarding
the Father's attendance/participation and recorranendations with regard to
ongoing sessions if needed. The Father shall be responsible for all costs
associated with the program under this paragraph.
4. upon initiation of the parenting program under the preceding
paragraph of this Order, the Father shall have unsupervised partial
physical custody of the Child every Sunday from 2:00 p.m. until 8:00 p.m.
for a period to coincide with the Father's ongoing participation in the
parenting program.
5. Upon the Father's completion of the parenting program in
accordance with the prOfessional's reconunendations, the Father shall have
partial physical custody of the Child for two (2) consecutive weekends from
Friday at 6:00 p.m. until the following Saturday at 6:00 p.m. Thereafter
on an ongoing basis, the Father shall have partial physical custody of the
Child on alternating weekends from Friday at 6:00 p.m. until sunday at 6:00
p.m.
r,
. .
6. The Father shall complete the drug and alcohol evaluation, testing
and recommended treatment required by this Court's prior Order dated
September 27, 1996, prior to implementation of overnight periods of custody
with the Child under this order.
7. The parties shall share or alternate having custody of the child
on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
segment A, which shall run from Christmas Eve at 12:00 noon
until Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon until December 26 at
12:00 noon. The Mother shall have custody of the Child during
Segment A in even numbered years and during Segment B in odd
numbered years. The Father shall have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years.
B. Thanksgiving Day: In every year, the Mother shall have
custody of the Child on Thanksgiving Day until 2:00 p.m. and
the Father shall have custody of the Child from 2:00 p.m.
until 8:00 p.m.
C. Alternating Holidays: The parties shall alternate having
custody of the Child from 10:00 a.m. until 6:00 p.m. on the
following holidays, beginning with the Father having custody
of the Child on Memorial Day in 1998: New Years Day, Easter,
Memorial Day, July 4th, and Labor Day. The party who
otherwise has custody of the Child on Easter Sunday in 1998
under the regular custody schedule shall have custody for the
holiday.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 6:00 p.m.
8. The Father shall provide transportation for all exchanges of
custody under this Order and shall be punctual in picking up and returning
the Child to the Mother's residence. The Father and any individuals
accompanying the Father shall remain in the car during exchanges of
custody.
9. The Father shall administer to the Child all necessary medical
treatment as prescribed by the Child's physician during the Father's
periods of custody.
10. Prior to initiation of periods of partial custody with the Child,
the Father shall provide to the Mother his current telephone number at the
residence where the Child will be staying. On an ongoing basis, each party
shall insure that the other party has an updated address and telephone
number where the Child can be reached during his or her periods of custody.
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TRACEY RANA ROBINSON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY PENNSYLVANIA
: NO: 98-502 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
v.
WILLIAM ROBERT MARCHESANO,
Defendant
ORDER OF COURT
AND NOW, this_13b.
~
J~1I't- day of
day of
2006, a hearing is hereby scheduled for the within Petition on the
~4
in Courtroom #-4.-, of the Cumberland County Courthouse, Carlisle, Pennsylvania.
, 2006 at
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o'clock ..JL..m.
J.
I
Distribution:
M.O. Palermo, Jr., Esquire, counsel for Petitioner/Father
Tracey Robinson, Respondent/Plaintiff
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TRACEY RANA ROBINSON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY PENNSYLVANIA
: NO: 98-502 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
v.
WILLIAM ROBERT MARCHESANO,
Defendant
DEFENDANT'S PETITION FOR SPECIAL RELIEF
AND NOW, comes Petitioner, William Robert Marchesano, by and through his
attorney, Michael O. Palermo, Jr., Esquire and in support of the within Petition for
Special Relief avers as follows:
1. PetitionerlDefendant is William R. Marchesano, who resides at 154 North Pitt
Street Carlisle, PA 17013.
2. RespondenUPlaintiff is Tracey R. Robinson, who is believed to reside at 335
Market Street, Apartment 5-H, Harrisburg, 17101, Dauphin County, Pennsylvania.
3. The minor child in question is Rhyn William Marchesano, age 9, D/O/B/
8/29/1996.
4. On February 27, 1998 , the Honorable George Hoffer entered a Custody Order
(attached hereto as Exhibit UAU), whereby RespondenUPlaintiff was awarded primary
physical custody with partial custody/visitation awarded to Father.
5. RespondenUPlaintiff was apparently suffering from some Mental Health problems
and the child in question was voluntarily placed with I\lorthwestern Human
Services/Edgewater, a foster care coordinator.
6. The child was placed with a family on Green Street in Harrisburg, Pennsylvania,
17110.
7. On or about June 5, 2006, your Petitioner was contacted by the foster care
provider to set up visitation with the child with the anticipation that the child would be
discharged to Father/Petitioner.
8. Your Petitioner and his wife, Tina Marchesano successfully completed visitation
with the child.
9. The child, Rhyn Marchesano was discharged to the care and custody of
Petitioner/Father and his wife on or about June 9, 2006. See Therapeutic Family Care
(TFC) Child Discharge Summary attached as "Exhibit B".
10. The rationale for the discharge is that "[f}ather is available to care for Rhyn and
he and his wife and her two (2) daughters are eager to be a family to him." See "Exhibit
B"
11. RespondenUMother concurred in the decision to release Rhyn to his
Father/stepmother.
12. On or about June 23,2006, Tina Marchesano took Ryhn to visit
RespondenUMother at her apartment in Harrisburg.
13. When the time came to return Rhyn Marchesano to Petitioner/Father, Mother
refused and has continued to refuse to return Ryhn to Petitioner/Father in direct conflict
with the Discharge plan signed by all the necessary parties on or about June 5, 2006.
See "Exhibit B"
14. Petitioner/Father avers that it is not in the child's best interest to remain in an
apartment with respondent where the child does not have a bedroom and mother is ill
equipped to exercise sole custody at this time.
15. Mother's failing to follow through with the Discharge plan of leaving Rhyn in the
custody of Father is detrimental to the child's well being and risks undoing the essential
family bonds that were built-up as a result of fourteen (14) days of custody father
exercised since June 9, 2006.
16. Previous to this, the child was not in the care of Mother, but was cared for by
foster parents.
17. Mother has circumvented the foster care discharge plan by her actions.
18. Petitioner and Ilis Wife previous to the incident arranged for all follow-up
treatment for Rhyn to occur in Cumberland County.
19. Per the treatment plan, Rhyn must complete the Summer Therapeutic Activities
Program (STAP), Petitioner and his wife have arranged for the same to occur at the
Yellow Breeches Camp. Said camp was scheduled to start June 19, 2006 and finish on
August 11, 2006. See STAP Program Brochure attached hereto as "Exhibit C".
20: It is believed that Rhyn is not currentiy registered for the program as Mother has
failed to do so.
21. Rhyn is registered to attend special needs schooling in the Carlisle School
District. This action was also taken as a result of the discharge summary.
WHEREFORE, Petitioner respectfully requests this Honorable Court to Order
that the child, Rhyn Marchesano be placed in the primary care of Petitioner/Father and
his wife with partial custody/visitation vested in RespondenUMother subject to the
condition that mother continue treatment for mental i11lless and find suitable housing for
overnight visitation with said child.
Respectfully submitted,
ROMINGER & WHARE
~~-
Michael O. Palermo, , Esquire
155 S. Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID# 93334
Attorney for Petitioner/Father
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TRACEl" RANA R09INSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 98-502
CIVIL TERM
WILLIl\lIl ROBERT MARCHESANO,
(a/k/a: WILLIAM ROBERT S'roTLER,
Defendant
:
JR.) :
CIVIL ACTION - LAW
CUSTODY/VISITATION
.
.
amBR C1i' CXXRr
considerat= ~'~:i:t~;~~ ~fO: '~n~~on Report, it t:9~;d~~~
and directed as follows:
1. The Mother, Tracey Rana Robinson, and the Father, William Robert
Marchesano, shall have shared legal custody of Rhyn William Marchesano,
born August 29, 1996.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall participate in a program (with a minimum of six
(6) sessionsl of parenting Classes/counseling involving interaction between
the Father and the Child to be conducted by a qualified professional
selected by agreement of the parties and counsel. The purpose of the
parenting program shall be to obtain a professional evaluation regarding
...the -FatI'lerilf attendance/~ticipation and recOllll1endations with regard to
ongoing sessions if needed. The Father shall be responsible for all costs
associated wi~ the program under this paragraph.
4. Upon initiation of the parenting program under the preceding
paragraph of this Order I the Father shall have unsupervised partial
physical custody of the Child every Sunday fran 2:00 p.m. until 8:00 p.m.
for a period to coincide with the Father's ongoing participation in the
parenting program.
5. Upon the Father's completion of the parenting program .in
accordance with the professional's recomnendations, the Father shall have
partial physical custody of the Child for two (2) COl18ecutive weekends fran
Friday at 6:00 p.m. until ';he fOllowing Saturday at 6:00. p.m. Thereafter
on ail ongoing basis, the Father shall have partial physical custody of the
Child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00
p.m.
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6. The Father shall conlplete the drug and alcQhol evaluation, teating
and re':onr..e.,d~:' treatment l"equired '=>y this Cou..t I S ",tior Orcar dated.
September 27, 1996, prior to implementation of overnight periods of custody
wi th the Child under this Order.
7. The parties shall share or alternate having C1Jstody of the Child
on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment A, which shall run fran Christmas Eve at 12:00 noon
until Christmas Cay at 12:00 noon, and Segment B, which shall
run fran Christmas Day at 12:00 noon until Decel!t>er 26 at
12:00 noon. The Mother shall have custody of the Child during
.-;egliilriE 1,; iri even numbered 'yeai's and durlrig segmenc B in odd
numbered years. The Father shall have custody of the Child
during Segment A in odd nurrbered years and during Segment B in
even numbered years.
B. Thanksgiving Day: In every year, the Mother shall have
custody of the Child on Thanksgiving Day until 2:00 p.m. and
the Father shall have custody of the Child fran 2:00 p.m.
until 8:00 p.m.
C. T>.l.f:qrnating H\1lidays: The parties shall alternate having
custody of the child from 10:00 a.m. until 6:00 p.m. on che
following holidays, begiMing with the Father having custody
of the Child on Memorial Day in 1998: New Years Day, Easter,
Memorial Day, July 4th, and Labor Cay. The party who
otherwise has custody of the Child on Easter Sunday in 1998
under the regular custody schedule shall have custody for the
holiday.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every. year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Fathet' shall have custody of the Child every
yeat' on Fathet"s Day from 10:00 a.m. until 6:00 p.m.
- -
8. The Father shall provide tt'anspoctation fot' all exchanges of
custody undet' this Ordet' and shall be punctual in picking up and t'eturning
the Child to the Mothet"s t'esidence. The Fathet' and any individuals
accompanying the Fathet' shall remain in the car dudng exchanges of
custody.
9. The Fathet' shall administet' to the Child all necessary medical
tt'eatment as presct'ibed by the Child's physician dut'ing the Father's
pedods of custody.
10. Priot' to initiation of pedods of pactial custody with the Child,
the Fathet' shall pt'ovide to the Mother his current telephone nurrbet' at the
t'esidence ~ere the Child will be staying. On an ongoing basis, each party
shall insut'e '.:hat the othat' pat'ty has an updated addt'ess and telephone
numbet' whet'e the Child can be reached dUd, his ot' het' pedods of custody.
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CO~t~,t ;:er~on N~me . __. ~hon,: " ___ _.
D'Jt~ sc!'V'ce exoected te begirt _J.....I_--.UfQ)'1 rt:ji~<;iiJ
Date Senllce expected .0 con.:lude: _.--'--.1_
~ge11CY Reso""Sibli fer eact: IJentifled tol/ow.up serv'ce:____
Type of Slr/ll;e co be pro'l,aed: _ ______ ____
Co~te.:t Person M'l11 _ pnone " _
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HUlIAN SERVICES
NHS of thc
Ccntral RCl!Ion
BETH McALISTER,
RN, MSHA
COUNTY
DIRECTOR
EDGEWATER
SERVICES
Dauphin
RESIDENTIAL/CDA
1801 N. F,ont St.-2"
Floor
Harrisburg, P A 17102
717/238-8852
Fax: 717/238-9031
f!!f
1801 N. Front SI.
Harrisburg, P A 17102
717/238-8666
Fax: 717/238-0692
~
2101 N. Front SI.
Governor's Plaza
Bldg I, 1" Floor
Harrisburg, P A 17102
717/238-1565
Fax: 717/238-1517
CTT
1801 N. Front Street
Harrisburg, PA 17102
717/238-8666
Fax: 717/238-9135
OUTPATIENT
1100 South Cameron
SI.
Harrisburg, PA 17104
717/238-7662
Fax: 717/238-7894
FCPffFC/CRR-HH
2101 N. Front SI.
Governor's Plaza
Bldg. 3, 3'd Floor
Harrisburg, P A 17110
717/236-7357
Fax: 717/236-2204
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To: Team Mcmbcrs
From: Ruth Scitz
Dalc: 6/2/06
Rc:
IRSP Rcvicw for Rhyn Marchcsano
Dcar Traccy Robinson,
Encloscd is a copy of the Individualizcd Rcsidcntial Servicc Plan, or
IRSP, for your child updatcd on 5/17/06, Pleasc recall that this
documcnt is completed upon intake for evcry child placed in a foster
care or CRR Host Home with this agency as an initial assessment of
each child's social and emotional development and subscquent
functioning within the family, with peers, and in the community, as
required by the state laws which govern cur programs (Pcnnsylvania
Code Title 55, Chapter 5310, Subchapter C., scetion 5310.123). As an
integral mcmber of your child's treatment team, you are provided with a
copy of this document for your records,
"
,
"
,
,<
The IRSP is a working document that is reviewed and updatcd every 60
days while your child remains in placement. You will receive a copy of
the updated document each time it is reviewed. Additionally, you will be
notified of sehedulcd meetings in which the lRSP will be reviewcd and
updated and given the opportunity to providc input and fecdbaek
regarding your child's functioning in the II domains assessed,
..
"
"
Please review the enclosed document and contact me with any questions
or concerns at 236-7357 ext. 128 or you may use my pager to notify me
that you would like a return call. My pager number is 1-866-825-0482,
Aficr the tone, you will need to input thc number where you may be
reached by dialing your contact number and pressing the pound key (#).
I will return your page as soon as possible.
,<
Sincerely,
.,
Ruth Seitz
Program Specialist
,
,.
Ene.
Cc: Amber Getsay, ICM, Stevens Center
Denise and Glenn Thompson, Foster Parents
Beverly Swiadas, Beh Sp
Trond Hannan, FC Intern
Tracey Robinson /"'"
Billy Marchesano V
Bee: File
Page I of"
Child's Name: Rhyn Marchesano
NORTHWESTERN HUMAN SERVICES/EDGEWATER
THERAPEUTIC FAMILY CARE (TFC)
CRR HOST HOME
FOSTER CARE PLUS (FCP)
INDIVIDUAL RESIDENTIAL SERVICE I'LAN GOAL SHEET
Child's Name:
Preparation Date:
Placement Date:
Date of Birth:
Plan Cycle:
Rhyn Marchesano
5-17-06
2-13-04
8-29-1996
Initlal/AnnuallRSP
X 60-Day IRSP Review
Areas of Strength as Identified In the most recent IRSP:
1. Rhvl'l has a sel'lse of humor and a healthv imaainatlon,
2, Rhvn has a oood sel'lse of olav that he uses with Leaos and other tovs,
3. Rhvn has benefited from Stepping Stones: his social skills are improving.
Areas of Need as Identified In the most recent IRSP:
l.'Rhvn needs to cain awareness of social cues and to maintain appropriate social
boundaries.
2, Rhvn needs to practice anaer manaaement skills and decrease impulse to hit.
kick. push and pull others.
3. Rhyn needs to follow directions, especially transltlonlng from one place or activity
tc anpther - at home and In school,
Goal # 1: Rhyn will keep his hands and feet to
himself In 6 out of 10 opportunities per week,
Current level of functioning:
Plan to Accomplish Goal: Team will remove Rhyn from the area of being Inappropriate with
others: (a)foster parents and mom will apply cOl'lsequences, such as loss of video games, when
Rhyn hits, kicks, pushes, pulls or In any other ways uses his hands and / or feet
Inappropriately; (b) team will use stories to help Rhyn understand the concept of boundaries:
team will prompt Rhyn with social cues and allow him to take self time-outs when engaging
inappropriately with others or igl'lorlng social boundaries: team will model appropriate social
skills ilnd get Rhyn Involved in social activities.
(a)
Person Primary Responsibility: team
1
2
3
4
5
Target Date: 7-15-06
Progress/Regression since last review: Currentlv, Rhvn Is keeplna his hands and feet to
himself 4 out of 10 opportunities, Rhvn threw a shoe and hit his foster brother. He punched
Denise on her back and tried to step on her foot at a time that her other foot was Inlured,
,~
Page:! 0 f "
ChilJ's Name: Rhyn il.larehesano
Goal /12: Rhyn will reduce outbu,sts and utilize anger management skills 5 out of 10 times
within 2 prompts.
Current level of functioning:
Plan to Accomplish Goal: Prog Spec and
Behavior Specialist will work with CRR-HH parents al'ld mother on
parenting techniques suitable for Rhyn (timeouts, schedules and behavior charts), Team will
give Rhyn opportunity to express his anger appropriately, e.g" use the turtle technique to calm
himself down, Team will give Rhyl'l a plan for the day and attempt to stick to the plan as best
as possible, acknowledgll'lg the fact that unexpected events arise regu'arly,
Person Primary Responsibility: team members Target Date: 7-15-06
1
2
1-
3
4
5
Progress/Regression since last review: Rhvn kicked Denise's car and refused to oet In on a
dav that she was trvine to take him to a med check, Most recentlv, Rhvn's Mondav
outbursts followlne a home visit decreased to whlnlno, crvlne and nast~ words with reoorts
of fusslne on the bus, Rhvn has had medication adjustments becaus~ h~ had been ~I~eoine
each afternoon In the nurse's office, At nloht he Is not falllne asleeo or hours. bu e is
calm In his room, With oeers. Rhvn aeltates.e,e.. smlrkil'le whel'l he has a snack and a oeer
doesn't,
Goal #3: Rhyn will follow directives within 2
prompts,
Current 'evel of functioning:
Plan to Accomplish Goal: Team will count prompts after the first expectation Is explained;
team will give clear and concise expectations and directions allowing Rhyn to clarify with
questions; team will have Rhyn repeat directions to make sure he understands; team will use
modeling and role play to help with follow through, Visual aids will be developed for Rhyn to
structure his day, It is helpful for Rhyn to be able to self-monitor al'ld self-record performance,
1
2
3
4
5
Person Primary Responsibility: Team and school staff Target Date: 7-15-06
Progress/Regression since last review: On the several occasions when Rvn was Irritable and
whlnv. refuslno to comolv, Rvn was conseeuel'lced with timeouts In his room and loss of
orlvlleees such as hand-held eames, TV time and soeclal treats. Rhvn acceots Denise's re-
direction.
Goal #4: Rhyn will have more frequent and longer visits with his mother with his goal to
return home.
Plan to Accomplish Goal: Now that Tracey has
moved into her apartment, the team will
arrange for overnight visits. Team will discuss options for
activities with Rhyn, Trond Harman, social work intern, will model parenting techniques for
giving directives with Tracy to Rhyn,
1
2
3
4
5
Person Primary Responsibility: team Target Date: 7-15-06
Progress/Regression since last review: Rhvn likes havine visits with mom. He recentlv
started reeuestlne time with the Thomosons on weekends for soeciflc famllv actlvltl~s. He is
more willlne to state his own wishes rather than feellne It a necessltv to sav what adults
mav want to hear. Rhvn now reads social cues. understandlno when an adult wants to
soend time with him, fSee next sheet for visitation olal'l,)
Page 3 of 4
Child's Name: Rhyn Marchesano
INDIVII>IIAL RESII>ENTIAL SElWIn: I'LAN EMERGENCY PROCEDURE I'LAN
Emergency Plan:
Medical Emergency:
I. Call911
2, Call NHS Staff who will contact county agency and biological family.
Bchavior Escalation:
I. Attempt to dc-escalate the situation by giving space, finding cause ofproblem
or talking. Refer to the child's treatment plan rcgarding the use of safe crisis
management.
2. Contact NHS staff and/or MT for additional assistance.
Runaway:
1. Contact NHS staff
2. Follow up with staff after 15 minutes for children under 14 and I hour for
teenagers. Staff will advise foster parent how to proceed. t t:...Q
EMERGENCY NUMBERS: 7'~q~/ DJ j I
Program Specialist/Manager: 717-236-7357 x 128 ,[ [; ,
Pager: I 866-825-0482 ,\...J IJ I,
On Call from 5pm until 8am, weekends and holidays: Pager: 1-800-812-2243
If no response within 10 minutes call 717-368-0573,
VISITA nON PLAN
Name of people involved in visits: Tracey Robinson, mother
Visit Frequency: Visits arc planned for weekends with 2 overnights. Tracy's friends arc not to be
present. Visits occurred Apr 14 & 15; Apr 21 and 22, Apr 29; May 6 and May 13. Rhyn has
asked for one night visits. On the Mondays following the April 7 and 14 visits, Rhyn was very
physical. Visits are planned for May 19-20, May 26-28 and June 2-5. Visits and discharge will
be discussed at the June meeting.
Tracy asked the Program Specialist to prcpare a discharge letter for Social Security and to
get a 2-bedroom voucher from Section 8 housing.
Phone contact is 3 timcs a week. either Tracy or Rhyn calling the other.
Visit Length: overnight
Visit Time: as arrangcd
Visit Location: Tracy's apartment
Are Visits Supervised? YES NO If yes, who supervises visits?
Transportation arrangemcnts: FP transports Rhyn to and from visits.
Additionallnfonnation: Trond Harman, social work intern, accompanies Tracey and Rhyn to
model appropriate behaviors whenever possible.
-J.----
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TRACEY RANA ROBI"ISON,
Plaintitl'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
-
NO. 98-_jCI~ CIVIL TERM
WILLIAM ROBERT MARCHESANO,
(aka: WILLIAM ROBERT STOTLER, JR.): CUSTODY
Defendant
ORDER OF COURT
AND NOW, this ill day of , ' - '-, 1998, upon consideration of the
attached complaint, it is hereby directed that the partie and their respective counsel appear before
\'(\\.,.S\ S I ,-'" .1,00'-/1 e. '-O-,-on the day of , 1998,
at .m" on the 4th Floor of the Cumberland County Courthouse/at the law
offices of , Cumberland
County, Pennsylvania, 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.
For the Court,
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4TH FLOOR, EAST WING ANNEX
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200 OR 697-0371
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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.
Nnme
Plnintifl'
Addre~s
150 5th Street, 2C
New Cumberland, I' A
Dille
January 9, 1998
to January 26, 1998
Plaintiff
Harrisburg YWCA
Harrisburg, P A
September 2, 1997
to January 9, 1998
Foster care Ihrough Cumberland County Children & Youth Services
Seplember II, 1996
to Seplember 2, 1997
PlainlifT
James Wilson Sale Harbour
Carlisle, PA
Seplember 10, 1996
10 September II, 1996
Defendant and Ms. Eshelman
14 South East Street
Carlisle, PA
September 3, 1996
September 10, 1996
Plaintiff
James Wilson Safe Harbour
Carlisle, P A
August 29, 1996
to September 3, 1996
The mother of the child is Tracey Rana Robinson, currently residing at 150 5th Street, 2C,
New Cumberland, Cumberland County, Pennsylvania.
She is single.
The father of the child is William Robert Marchesano, currently residing at 36 West Glebe
Avenue, Newville, Cumberland County, Pennsylvania.
He is single.
4. The plaintiff currently resides alone,
5. The defendant currently resides with the following persons:
Name
Tina Eshelman
Trinda and Hailey Eshelman
Rhyn William Marchesano
Relnlionshin
his girlfriend
Ms. Eshelman's two minor children
the parties' son
6. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court, except for the
dependency proceeding initiated by Cumberland County Children and Youth Services (CCCY&S)
in 1996. The child was returned to the plaintill' on September 2, 1997, by CCCY &S and is no
longer a ward of the Court.
7. The plaintift' has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
8. The plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
9. The best interest and permanent welfare of the child will be served by granting the
relief requested for reasons including, but not limited to, the following:
a) The plaintiff is a responsible parent who can best take care of the minor
child and who has provided for the emotional and physical needs of the child,
b) The defendant has lbrcibly removed the child from the plaintitl'in that he
had his cousin, Beth Stotler, grab the child from the arms of the plaintiff while she
waited at the bus stop and gave the child to the defendant who refused to return
the child to the plaintiff, told her that she was never going to see the child again,
and ran away with the child refusing to return the child to the plaintiff.
c) The defendant's behavior has adversely affected the child in ways
including:
i) The Ihther took the child Ihlm thc mothcr's custody and
compromiscd the child's health by depriving the child, who is asthmatic, of
medication and medical equipment including a breathing machine which he
needs regularly and which the Ihther docs not have.
ii) The father has a history of violent and unstable behavior, and has
had a Protection From Abuse action filed against him by the mother. As
recently as January 25, 1998, the Ihther lost his temper while holding the
child in his arms during a conli'ontation with a police officer.
iii) CCC&YS found an "indicated" case of abuse/neglect against the
father aner the child, who was in the care of the father and his girlfriend for
approximately one week shortly aner the child's birth, was treated
inappropriately and neglected during that time. To the best of the mother's
knowledge, the father never followed the recommendations of the
CCC&YS service plan which included parenting skills nor did the lather
comply with the Court's Order (declaring the child dependent) of
September 27, 1996, which required that he "cooperate in drug and alcohol
testing and evaluation and to follow the recommendations flowing from
tha!."
WHEREFORE, the plaintill' requests this Court to grant primary physical and legal
custody of the child to her with supervised visitation in the defendant at times mutually agreed
upon by the pnrties nnd scheduled Ihrough Ihe Children's I'llIyrnol1l in IllIrrisburg, nn IIgency thnt
hils II supervised visitlltion progrnm IInd III so oilers pllrenting skills dllsses lit the Iilcilily.
RespectliJlly submitted,
J. d-1U ~
G~nClIrey. Attorney
V
PllIintitT
LEGAL SERVICES. INC.
8 Irvine Row
Cnrlisle, PA 17013
(717) 243-9400
)
.\
,
I
j
,':(
certificates of Deposl t: $.O___Q.Q
Real Estate (including home): NlA
Motor vehicle: Make
N/A
Year
Cost
Amount owed
Stocks; bonds:
NlA
Other:
(f) Debts and obligations
Mortgage:
N/A
$15.00
N/A
Rent:
Loans:
Monthly Expenses:Groceries not covered by food stamps
$60.00: Telephone $.25.00: Electric $50.00: Water $20.00
Beeper $12.00: Laun~$40.00: Misc. expenses $50.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
N/A
Children, if any:
Name: Rhyn Marchesano
Age:
17 months
4. I understand that I have a continuing obligation to
inform the court of improvement in my financial circumstances
which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit 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.
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TRACEY RANA ROBINSON,
Plaintil1'
IN TIlE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 98-_5~_ CIVIL TERM
WILLIAM ROBERT MARCHESANO,
(aka: WILLIAM ROBERT STOTLER, JR.): CUSTODY
Defendant
PETITION FOR SPECIAL RELIEF
The petitioner, Tracey Rana Robinson, by and through her attorney, Joan Carey of
LEGAL SERVICES, INC., represents the following:
). The plaintiff, Tracey Rana Robinson, hereinafter referred to as the mother, resides
at 150 5th Street, 2C, New Cumberland, Cumberland County, Pennsylvania,
2. The defendant, William Robert Marchesano (AKA: William Robert Stotler, Jr.),
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hereinafter referred to as the father, resides at 36 West Glebe Avenue, Newville, Cumberland
County, Pennsylvania.
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,
3. The parties are the parents of the minor child, RHYN WILLIAM
MARCHESANO, 17 months old, born August 29, 1996.
4. A Complaint in Custody with a request for a conciliation conference has been filed
at the time offiling this Petition.
5. The mother had physical custody of the child from September 2, ) 997, until
January 26, 1998, at approximately 3:00 p.m. when the father had his cousin, Beth Stotler, grab
the child from the mother's arms as she stood waiting for a bus on the Square in Carlisle. The
father refused to give the child back to the mother despite her repeated pleas that he do so, told
her that she would never see the child again, and absconded with the child. The mother has not
~
seen the child since that time. The child has an asthmatic condition requiring thnt medication be
administered regularly and that the child use n breathing machine, The I1lther does not have the
medication nor the breathing equipment for the child,
6. The mother was contacted in the evening on January 26, 1998, by the on-call
caseworker at CCC&YS and advised that the Newville Police had gone to the lather's home, that
he had the baby at his home, and that he told the police that he was moving to Virginia with his
family.
7. The child had been declared dependent by Cumberland County Children & Youth
Services (CCC&YS) from September II, 1996, until September 2, 1997, when the child was
returned to the mother and the CCC&YS case was closed in October, 1997, The mother and
child have been residing together since being reunited on September 2, 1997.
8. The mother has concerns for the welfare of the child if he is not immediately
returned to her custody for reasons including, but not limited to, the following:
a) The father has a history of violent and unstable behavior, and has had a
Protection From Abuse action filed against him by the mother.
b) CCC&YS found an "indicated" case of abuse against the father after the
child, who was in the father and his girlfriend's care for approximately one week
shortly after the child's birth, was abused and neglected during that time, To the
best of the mother's knowledge, the father never followed the recommendations of
the CCC& YS service plan which included parenting skills nor did the father
comply with the Court's Order of September 27, 1996, declaring the child
~
SHERIFF'S RETURN
REGULAr,
CASE NO: 1998-00502 P
COMMONWEAL TII OF' PElIIlSYLV Mil A:
COUNTY OF' CUMBERLAND
ROBINSON TRACEY RANA
VS.
MARCHESANO WILLIAM ROBERT
DAWN KELt.
CUMBERLAND County, Pennsylvania, who
, Sheriff or Deputy Sheriff of
being duly sworn according
to law, says, the within TEMPORARY CUSTODY ORDER
wus served
upon MARCHESANO WILLIAM ROBERT the
defendant, at 160111:00 HOURS, on the 28th day of January
1998 at 1ST BLOCK OF' W. HIGH ST.
CARLISLE, PA 17013 ,CUMBERLAND
County. Pennsylvania, by handing to ~OBERT MARCHESANO
a true and attested copy of the TEMPORARY CUSTODY ORDER
together with PETITION F'OR SPECIAL RELIEF
and at the same time dire~ting ~is attention to the contents thereof.
Additional Comments:
ADDITIONAL COPY WAS SERVED UPON TINA ESHELMAN AT THE NEWVILLE POLICE
DEPT.. NEWVILLE, PA 17241 ON JAN. 28, 1998 AT 1530:00 HRS BY DEPUTY
KELL.
Sheriff's Costs:
Docl,eting
Service
Affidavit
Surcharge
18.0111
3.1111
,00
2.111111
$':::.3, 10
So ans?~~
~homas hl~ne, Sher1fl
1110/1110/0000
by
cw~v~ ~. ~j
. leputy Sher1 1: .
Sworn nnd :_ubscr ib~to bef'ore me
this ';''1 - day of~"J" I
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 93-502 CIVIL TERM
TRACEY R. ROBINSON,
Plaintiff
WILLIAM R. MARCHESANO,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of TRACEY R. ROBINSON, Plaintiff, in
Date' I /2' /2<"'"
the above-captioned matter.
By:
EDWARD J IMNAGH, ESQUIRE
Attorney I. . No. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
Attorney for Plaintiff
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TRACE:Y RANA ROBINSON,
Plaintiff
IN TilE COURT OF COMMON PLE:AS OF.
CUMBE:RLAND COUNTY, PE:NNSYLVANIA
98-0502 CIVIL TE:RM
V
WILLIAM ROBE:RT MARCIIE:SANO,: CUSTODY
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 25th day of July, 2006, this being the
time and place for a hearing in regard to the defendant's
Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED
that that matter is continued generally.
IT IS FURTHER ORDERED AND DIRECTED that this case will
be referred to the custody conciliator for a custody conference.
In the interim, IT IS ORDERED AND DIRECTED that both
parents shall have shared legal custody of Rhyn William
Marchesano, born August 29, 1996. Father will have primary
physical custody of the child and the mother shall have partial
physical custody of the child as stated hereafter: Beginning
July 29, 2006, at 12:00 p.m., Tina Marchesano, stepmother of Rhyn
Marchesano, the child in question, will drop off Rhyn at the
Greyhound parking lot in Harrisburg, Pa., to the care and custody
of mother, Tracey Robinson. On Monday, July 31, 2006, maternal
grandmother of Tracey Robinson will return the child to the
Silver Springs Common Sheetz by 8:00 a.m. Additionally, at such
other times as agreed upon by the parties.
By the Court,
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~ichael Palermo, Jr., Esquire
For Tracey Robinson
~ward J. Mimnagh, Esquire
For William Marchesano
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v,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-0502 CIVil
TRACEY RANA ROBINSON,
Plaintiff
WilLIAM ROBERT MARCHESANO,:
Defendant : CUSTODY
ORDER OF COURT
AND NOW, this 12th day of September, 2006, upon consideration of the attached
Custody Conciliation Report, IT IS ORDERED AND DIRECTED as follows:
1, A hearing Is scheduled In Courtroom No, 5 of the Cumberland County
Courthouse on the 11th day of December, 2006, at 10:00 a,m. at which time
testimony will be taken, For purposes of the hearing, the Father shall be
deemed the moving party and shall proceed Initially with testimony. Counsel
for the parties and Child shall file a memorandum with the Court and
opposing counsel selling forth each party's position on custody, a list of
witnesses who are expected to testify and a summary of the anticipated
testimony of each witness, These memoranda shall be filed at least 1 0
days prior to the hearing date.
2. Mark Bayley, Esquire, Is appointed as Guardian Ad Litem for the Child,
Rhyn WIlliam Marchesano, born August 29, 1996, The parties shall
cooperate In providing transportation and making the Child available for all
appointments requested by the Guardian Ad Litem and shall sign any
authorizations deemed necessary by the Guardian Ad Litem to obtain
records and information pertaining to the Child.
3. Pending the hearing and further Order of this Court, the parties shall
share having legal custody of the Child, the Father shall have primary
physical custody of the Child and the Mother shall have partial custody
on alternating weekends from Friday at 5:00 p.m. through Sunday at
5:00 p.m. beginning on Friday, September 29, 2006. The Father shall have
custody over the weekends of September 15 and September 22, 2006.
The parties shall share having custody on Thanksgiving Day, with the Father
having custody until 3:00 p.m, and the Mother having custody from 3:00 p,m.
until 6:00 p.m" unless otherwise agreed between the parties.
4. Unless otherwise agreed between the parties, all exchanges of custody
shall take place at the Kentucky Fried Chicken restaurant on the Carlisle
Pike In Mechanlcsburg,
to agree at the conference that the Father would retain primary custody throughout the
school year and the Mother would have periods of weekend custody, the cooperation
completely broke down during discussion of communications between the parties,
Essentially, the Mother insists upon speaking (or emailing) directly with the Father on
issues concerning the Child and the Father adamantly refuses to deal with the Mother
directly and proposes instead that the Mother communicate with his Wife regarding the
Child, Although there was an attempt to discuss the importance of sharing infonnation and
fostering the relationship between the Child and the other parent, particularly on the
primary custodian's part, there was too much acrimony between the parties for constructive
discussion, and ultimatum's were issued which led to the demand for a hearing,
5, As the Child has many emotional and psychological problems and the parents arc presently
unable to communicate with regard to the Child's needs in connection with the custody
proceedings or othelWise, counsel suggested the appointment of counselor a Guardia Ad
Litem for the Child. The Conciliator strongly agrees with the suggestion and has contacted
the Children's Advocacy Clinic of Penn State Dickinson School of Law to request
assistance as reflected in the proposed Order, Also due to the allegations of the parties and
the general circumstances of this matter, it is recommended that psychological evaluations
are obtained for the parties to assist the Court's deternlination, Psychological evaluations
were also requested by counsel at the conference. The purpose of the evaluations would be
to assess both parents' abilities to provide appropriate care for the Child. Accordingly, two
alternative proposed Orders are provided for the Court's consideration, one ordering the
evaluations and the 0 ther 0 mitting the evaluation provision. it should be noted that the
parties do not have the financial resources to pay the costs of the evaluation and request that
the costs thereof be borne by the County,
6, The Father's position on custody is as follows: The Father believes the Child should
remain in his primary care as he has assumed custody of the Child since June 9, 2006 and
within that time the Father's wife enrolled the Child in the Summer Therapeutic Activities
Program and in the NHS Carlisle Autism School for the 2006-2007 school year, The Father
believes that the Mother's mental health problems prevent her from being able to provide
primary care, The Father expressed concern that the Child had been in programs and foster
care for 3 years without the Father's knowledge and feels that he was prevented from
having a relationship with the Child or providing care within that time due to the Mother's
conduct. The Father stated that he found out that the Child was living in the local area just
recently from a third party. As a result, the Father does not believe he should have to
communicate with the Mother concerning the Child now that he has custody.
7. The Mother's position on custody is as follows: The Mother believes that she should have
custody of the Child every weekend if the Father has custody during the week for school.
The Mother denies that she tried to hide the Child's whereabouts from the Father over the
past 3 years, as the Father was free to contact the Child's counselors to detennine the
circumstances. The Mother indicated that she is not willing to communicate primarily with
the Father's wife with regard to the Child as she believes the Father should act as the
parent. The Mother expressed concerns that the Father is attempting to alienate the Child
.,
AUTHORITY TO PAY COURT APPOINTED COUNSEL
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1. COURT ~. ~1<:;tlER 9 111
)Q Common Pleas ',.,
o District Justice o Appellate o Other
3. FOR (D,J.~ APPELLATE) ..--
~ (CIYflSTrE) PA E.BUIl::iE;TCODE
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6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) e. 0 FETTY OFFENSE
w:\I; fl..uJ'M~c.lJII~vs 'lrocev fc) b('1f~ () FEI.:)W C MISDEMEANOR
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9, PROCEEDINGS (Describe briefly) . 11. PERSON REPRESENTED 12. CI ~'Il. DOCKET NO.
CvstoJ,/ I 0 Delend.nl . Adult 1<::;. - 0 c::-O L-
2 0 Defendant. Juvenile () --)
3 0 Appellant -----
4 0 Appellee ' 3. CI~ !MINAL DOCKET NO.
S 0 Habeas Petitioner
6 0 Malerial W,lness
7 0 Parolee Cha'oed With Violalion -----
10. PERSON REPRESENTED (Full Name) 8 0 P'obationer Charged With Violalion 14. Afll'l:ALS DOCKET NO,
J<kyV\ Marc~ e$G.tJ1() 9.,Ji'f' Olher: CiA: lJ
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16. NiME OF ATTORNEY/PAYEE AND ---
Appl Dale q- \ ~-~ ,,'I'.ItJ fj 91 V
MAILING ADDRESS
Mark F. Bayley, Esqu:irIB
k<3V~Vt A 8esS 57 West Pomfret St.
Carlisle, PA 17013
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE (717) 241-2446
EIN# 20-5424881
17. TELEPHONE No. 118, SOC~~~ECURITYN() OREINNO
CLAIM FOR SERVICES OR EXPENSES
--
19. SERVICE HOURS DATES ~~M()UNTS CLAIMED
a. Arraignment and/or PI.. Multiply lllte per hour times lotal
b. Preliminary Hearing hours I,) Clbtain "In Court" com.
penSall')I1,. Enler total below,
Co Motions and Requests
... d. Bail Hearings
a::
:J 8. Sentence Hearings
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g. Revocation Hearings .--.
h. Juvenile Hearing. I /l ~
( /7 // \ ---
i. Appeals Court . 1 SA. TCH.'L IN COURT COMP,
~ Other (Specily on ad~al ."',ft) J....... / \ \
)-c: \ T~TAL fbu~s~ ~ X $50 PER HOUR = :S
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20. a Interviews and conferences Multilll~ rate per hour times total
b. Obtairring and 'evlewing records V (\ V- _ hours. En,ter total "Out of Court"
u..... compen:satiOIl below.
o a:: Co Legal research and brI~ing 7 \" , \ \
...:J d. Investigative and other ~ork ('ipacify on addiliol}a1 shHp) \ ---
:JO 2'DA. "()'rAL 'OUT OF COURT
00 \J \ \ \ C:C)MP.
\ ~~AL ~u~- X $40 PER HOUR - s;
---
21. ITEMIZATION QlF AEIMBIYRSABLE'EXPENSES AMT. PER ITEM
Mileaae $.25 per mile x ----
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I- 21A. nrrAL IITEMIZED EXP,
0
-$
---
22. CERTIFICATION OF ATTORNEY/PAYEE RJiK) 2:3. G".'HD pTAL CLAIMED
Has compensation and/or reimburaement lor work In this case previOUSly been applied lor? DYES -s Ie. <6'"',50
If yes. were you paid? DYES o NO If yes, by whom _re you paid? How much? -----
Has the person represented paid any money to you. or to your know~e anyone else, In connection with the matter lor 24. DE:()lJCT. PRtOR PYMTS.
which you were appointed to provide representation? ~S NO II yes, give detaila on additional sheets - S'
-----
I swear or affirm the truth or correctness I A..A ~ - S? - 0 { 25. NErr "':JUNT CLAIMED
of Ihe above statements ~Ignature of Attoryey/Payee D.te · ~~I Q', S'6
26 ^,'PllOVH'\ . ~. ~-/l~ 27. AaH. APPROVED
. FO" Sognature 01
PAYMENT Judge .Oate: 7' ''1- II J -So l"llg, 5"b
Copy Y Mail to Court Administrator at completion of service
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Marchesano, Rhyn
9-13-06
9-14-06
9- 30-06
10-11-06
10-11-06
10-17-06
11-14-06
11-22-06
12-7-06
12-11-06
1-22-07
2- 26-07
Phones wI court; open file
Review Order; scheduling
Letter
Review message; phone Tina; scheduling
Meeting wI Rhyn, Father, Tina
Review Order
Review letter
Review letter
Review motion
Review Order; scheduling
Review letter
Review docs.
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.4
1.2
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.1
.1
.2
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Total Out of Court Hours:
@ 45. /Hour:
Total In Court Hours:
@ 45./Hour:
Total Current Balance:
3.3
$148.50
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TRACEY RANA ROBINSON,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS OF
v,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 98- SOa CML TERM
WILLIAM ROBERT MARCHESANO,
(aka: WILLIAM ROBERT STOTLER, JR,): CUSTODY
Defendant
COMPLAINT FOR CUSTODY
1, The plaintiff is Tracey Rana Robinson, residing at 1 SO 5th Street, 2C, New
Cumberland, Cumberland County, Pennsylvania 17070,
2, The defendant is William Robert Marchesano (aka: William Robert Stotler, Jr.),
residing at 36 West Glebe Avenue, Newville, Cumberland County, Pennsylvania 17241,
3, The plaintiff seeks custody of the following child:
~
Rhyn William Marchesano
Present Address
36 West Glebe Avenue
Newville, PA
Al!e
DOB: August 29,1996
17 months old
The child was born out of wedlock.
The child is presently in the custody of the defendant, William Robert Marchesano, who
resides at 36 West Glebe Avenue, Newville, Cumberland County, Pennsylvania,
Since the child's birth he has resided with the following persons and at the following
addresses:
Name
Defendant, his girlfriend, Tina
Eshelman, and her two children,
Trinda Eshelman and Hailey Eshelman
Address
36 West Glebe Avenue
Newville, P A
!!m
January 26, 1998
to the present
~
~
Plaintiff
Address
150 5th Street, 2C
New Cumberland, P A
Date
January 9, 1998
to January 26, 1998
Plaintiff
Harrisburg YWCA
Harrisburg, P A
September 2, 1997
to January 9, 1998
Foster care through Cumberland County Children & Youth Services
September 11, 1996
to September 2, 1997
Plaintiff
James Wilson Safe Harbour
Carlisle, P A
September 10, 1996
to September 11, 1996
Defendant and Ms, Eshelman
14 South East Street
Carlisle, P A
September 3, 1996
September 10, 1996
Plaintiff
James Wilson Safe Harbour
Carlisle, P A
August 29, 1996
to September 3, 1996
The mother of the child is Tracey Rana Robinson, currently residing at 150 5th Street, 2C,
New Cumberland, Cumberland County, Pennsylvania,
She is single,
The father of the child is William Robert Marchesano, currently residing at 36 West Glebe
Avenue, Newville, Cumberland County, Pennsylvania,
He is single,
4, The plaintiff currently resides alone,
5, The defendant currently resides with the following persons:
Name
Tina Eshelman
Trinda and Hailey Eshelman
Rhyn William Marchesano
RelationshiD
his girlfiiend
Ms, Eshelman's two minor children
the parties' son
6, The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court, except for the
dependency proceeding initiated by Cumberland County Children and Youth Services (CCCY&S)
in 1996, The child was returned to the plaintiff on September 2, 1997, by CCCY&S and is no
longer a ward of the Court,
7, The plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth,
8, The plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child,
9, The best interest and permanent welfare of the child will be served by granting the
relief requested for reasons including, but not limited to, the following:
a) The plaintiff is a responsible parent who can best take care of the minor
child and who has provided for the emotional and physical needs of the child.
b) The defendant has forcibly removed the child from the plaintiff in that he
had his cousin, Beth Stotler, grab the child from the arms of the plaintiff while she
waited at the bus stop and gave the child to the defendant who refused to return
the child to the plaintiff, told her that she was never going to see the child again,
and ran away with the child refusing to return the child to the plaintiff.
c) The defendant's behavior has adversely affected the child in ways
including:
.
i) The father took the child from the mother's custody and
compromised the child's health by depriving the child, who is asthmatic, of
medication and medical equipment including a breathing machine which he
needs regularly and which the father does not have,
ii) The father has a history of violent and unstable behavior, and has
had a Protection From Abuse action filed against him by the mother. As
recently as January 25, 1998, the father lost his temper while holding the
child in his arms during a confrontation with a police officer,
iii) CCC&YS found an "indicated" case of abuse/neglect against the
father after the child, who was in the care of the father and his girlfriend for
approximately one week shortly after the child's birth, was treated
inappropriately and neglected during that time, To the best of the mother's
knowledge, the father never followed the recommendations of the
CCC&YS service plan which included parenting skills nor did the father
comply with the Court's Order (declaring the child dependent) of
September 27, 1996, which required that he "cooperate in drug and alcohol
testing and evaluation and to follow the recommendations flowing from
that."
WHEREFORE, the plaintiff requests this Court to grant primary physical and legal
custody of the child to her with supervised visitation in the defendant at times mutually agreed
.
upon by the parties and scheduled through the Children's Playroom in Harrisburg, an agency that
has a supervised visitation program and also offers parenting skills classes at the facility,
Respectfully submitted,
~~At~nttlf
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
.
~
the ~bove-nantal plaintiff, ftacey Rana Robinson, verifies that the statements made in the
above Complaillt are tl1l;e and cortect. The plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn falsification to
"",J -dB ~Ifh ~
Tracey
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TRACEY RANA ROBINSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v,
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO, 98- .{'"o;;t CIVIL TERM
WILLIAM ROBERT MARCHESANO,
(AKA WILLIAM ROBERT STOTLER),
Defendant : CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Tracey Rana Robinson, to proceed in forma pauperis,
I, Joan Carey, attorney for the party proceeding in forma pauperis, certifY that I believe
the party is unable to pay the costs and that I am providing free legal services to the party, The
party's affidavit showing inability to pay the costs oflitigation is attached hereto,
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
. ..
~
TRACY ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-~O~ CIVIL TERM
WILLIAM MARCHESANO,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a) Name:
Tracev R. Robinson
Address:
150 5th St., 2C
New Cumberland. PA 17070
Social Security Number:
185-54-9584
(b) If you are presently employed, state
Employer:
N/A
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment:
9/97
$660.00
Salary or wages per month:
Type of work:
Cashier
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends: N/A
Pension and annuities: N/A
Social Security benefits: N/A
Support payments: N/A
Disability payments: N/A
Unemployment compensation and
supplemental benefits: N/A
Workman's compensation: N/A
Public Assistance:
$948.00 (3months)
Other:
Food stamps 3 months S507.00
(d) Other contributions to household support
(Wife)(Husband) Name:
N/A
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Savings Account:
$0.00
$0.00
SO.OO
Cash:
Checking Account:
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TRACEY RANA ROBINSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 98-.5l5a CIVIL TERM
WILLIAM ROBERT MARCHESANO,
(aka: WILLIAM ROBERT STOTLER, JR,): CUSTODY
Defendant
PETITION FOR SPECIAL RELIEF
The petitioner, Tracey Rana Robinson, by and through her attorney, Joan Carey of
LEGAL SERVICES, INC" represents the following:
I, The plaintiff, Tracey Rana Robinson, hereinafter referred to as the mother, resides
at 150 5th Street, 2C, New Cumberland, Cumberland County, Pennsylvania,
2, The defendant, William Robert Marchesano (AKA: William Robert Stotler, Jr.),
hereinafter referred to as the father, resides at 36 West Glebe Avenue, Newville, Cumberland
County, Pennsylvania.
3, The parties are the parents of the mmor child, RHYN WILLIAM
MARCHESANO, 17 months old, born August 29, 1996,
4. A Complaint in Custody with a request for a conciliation conference has been filed
at the time of filing this Petition,
5, The mother had physical custody of the child from September 2, 1997, until
January 26, 1998, at approximately 3:00 p,m, when the father had his cousin, Beth Stotler, grab
the child from the mother's arms as she stood waiting for a bus on the Square in Carlisle, The
father refused to give the child back to the mother despite her repeated pleas that he do so, told
her that she would never see the child again, and absconded with the child, The mother has not
...
dependent, which required that he "cooperate in drug and alcohol testing and
evaluation and to follow the recommendations flowing from that."
c) The father has compromised the child's health by depriving the child, who
is asthmatic, of medication and medical equipment including a breathing machine
which he needs regularly and which the father does not have.
9, It is in the best interest of the child to be returned to his mother for reasons
including, but not limited to, the fact that the mother has been the child's primary caretaker since
he was returned to her by CCC&YS on September 2, 1997, and she has and can continue to
provide for the child's needs,
10, The father did not act in the best interests of the child by forcibly taking the child
from the mother and absconding with the child and denying the mother access to the child,
WHEREFORE, the plaintiff requests that this court enter a Temporary Order granting
immediate physical custody of the child to the plaintiff, ordering the defendant to return the child,
ordering the appropriate law enforcement agencies to facilitate the immediate transfer of custody
to the plaintiff, and granting any other relief which is just and proper,
Respectfully submitted,
oan Carey, Attorney for PI
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
-
The above-named plaintiff, Tracey Rana Robinson, verifies that the statements made in the
above Petition for Special Relief are true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa,C,S, ~4904, relating to unsworn falsification to
authorities,
Date:
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TRACEY RANA ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v,
CUMBERLAND COUNTY, PENNSYL VANIA
: NO, 98- K6d-, CIVIL TERM
WILLIAM ROBERT MARCHESANO,
(aka: WILLIAM ROBERT STOTLER, JR,): CUSTODY
Defendant
TEMPORARY CUSTODY ORDER
AND NOW, this ~ day of January, 1998, upon consideration of the Petition for
Special Relief, the following Temporary Order is entered regarding custody of the parties' child,
RHYN WILLIAM MARCHESANO, 17 months old, born August 29, 1996,
The plaintiff, Tracey Rana Robinson, mother of the child, is granted immediate physical
custody of the child pending further Order of Court after a conciliation conference scheduled in
~~ ~
The defendant, William Robert Marchesano, father of the child, is ordered to \;:;=
child to the mother, The appropriate law enforcement agencies ~cilitate the immediate a,
transfer of custody to the plaintiff. , _. J .1_ 1-.... 1'1 /l ' I
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By th~ourt, ,
Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 1998-00502 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROBINSON TRACEY RANA
VS.
MARCHESANO WILLIAM ROBERT
DAWN KELL , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says. the within TEMPORARY CUSTODY ORDER
upon MARCHESANO WILLIAM ROBERT
defendant, at 1600:00 HOURS, on the 28th day of January
was served
the
1998 at
1ST BLOCK OF W. HIGH ST.
CARLISLE, PA 17013
,CUMBERLAND
County, Pennsylvania, by handing to ROBERT MARCHESANO
a true and attested copy of the TEMPORARY CUSTODY ORDER
together with PETITION FOR SPECIAL RELIEF
and at the same time directing His attention to the contents thereof.
Additional Comments:
ADDITIONAL COPY WAS SERVED UPON TINA ESHELMAN AT THE NEWVILLE POLICE
DEPT., NEWVILLE, PA 17241 ON JAN. 28, 1998 AT 1530:00 HRS BY DEPUTY
KELL.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
2.00
$~:3.1fl)
So answ~~' //
r;. - --t:r~
R. Thomas Kllne, Sherlff
00/00/0000
by
CW\5~yi;er0.o
Sworn and :~bscribPQ:to before me
this rJq - day of --' v~., ,
I
19 Cf<; A. D.
~ {iot~ry~'
-----. -
.
* TroCe.'f Raf\Q Qcbh&on
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v,
, : CIVIL ACTION LAW
* \Ji \ "QN\. RcbC\ ~ HQrct,'e.s.on () :
Defendant (qll.q-l,\.o{-i~r,J\~: NO. SOd- CIVIL 19 erg
: CUSTODY VISITATION
ORDER OF COURT
And now, this~, upon consideration of the attached complaint, it is hereby d'rected
that the above parties and their respective counsel appear before ~ -S. .
Esquire, the conciliator, at ' , "
Pennsylvania, on the ';;'S- day of ~ bI\.. Xl--1 ' 1998, at I: 00 ,M.I..,
for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve e
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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By:~J), ~~.
Custody Conciliator lUl ':)
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
'5;/ -!- /fr:Y1I ~ $&' f' C?
tfp 't-~/~~y, ~ 1"-1"
'5/ '7 ~ ffWt/ - rl it (;, ('
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2- 83386
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TRACEY RANA ROBINSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
NO. 98-502
CIVIL TERM
:
WILLIAM ROBERT MARCHESANO, :
(a/k/a: WILLIAM ROBERT STOTLER, JR.) :
Defendant :
CIVIL ACTION - LAW
CUSTODY/VISITATION
aIDER OF COORT
AND lDi, this ~ day of ~ _,
consideration of the attached Custody Cone llat on Report, it
and directed as follows:
1998, upon
is ordered
1. The Mother, Tracey Rana Robinson, and the Father, William Robert
Marchesano, shall have shared legal custody of Rhyn William Marchesano,
born August 29, 1996.
2. The Mother shall have primary physical custody of the Child.
3. l11e Father shall participate in a program (with a minimum of six
(6) sessions) of parenting classes/counseling involving interaction between
the Father and the Child to be conducted by a qualified professional
selected by agreement of the parties and counsel. The purpose of the
parenting program shall be to obtain a professional evaluation regarding
the Father's attendance/participation and recormnendations with regard to
ongoing sessions if needed. The Father shall be responsible for all costs
associated with the program under this paragraph.
4. Upon initiation of the parenting program under the preceding
paragraph of this Order, the Father shall have unsupervised partial
physical custody of the Child every Sunday from 2:00 p.m. until 8:00 p.m.
for a period to coincide with the Father's ongoing participation in the
parenting program.
5. Upon the Father's completion of the parenting program in
accordance with the prOfessional's recormnendations, the Father shall have
partial physical custody of the Child for two (2) consecutive weekends from
Friday at 6:00 p.m. until the following Saturday at 6:00 p.m. Thereafter
on an ongoing basis, the Father shall have partial physical custody of the
Child on alternating weekends from Friday at 6:00 p.m. until sunday at 6:00
p.m.
.
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6. The Father shall complete the drug and alcohol evaluation, testing
and recorrmended treatment required by this Court's prior Order dated
September 27, 1996, prior to implementation of overnight periods of custody
with the Child under this Order.
7. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
until Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon until December 26 at
12:00 noon. The Mother shall have custody of the Child during
Segment A in even numbered years and during Segment B in odd
numbered years. The Father shall have custody of the Child
during segment A in odd numbered years and during Segment B in
even numbered years.
B. Thanksgiving Day: In every year, the Mother shall have
custody of the Child on Thanksgiving Day until 2:00 p.m. and
the Father shall have custody of the Child from 2:00 p.m.
until 8:00 p.m.
C. Alternating Holidays: The parties shall alternate having
custody of the Child from 10:00 a.m. until 6:00 p.m. on the
following holidays, beginning with the Father having custody
of the Child on Memorial Day in 1998: New Years Day, Easter,
Memorial Day, July 4th, and Labor Day. The party who
otherwise has custody of the Child on Easter sunday in 1998
under the regular custody schedule shall have custody for the
holiday.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 6:00 p.m.
8. The Father shall provide transportation for all exchanges of
custody under this Order and shall be punctual in picking up and returning
the Child to the Mother's residence. The Father and any individuals
accompanying the Father shall remain in the car during exchanges of
custody.
9. The Father shall administer to the Child all necessary medical
treatment as prescribed by the Child's physician during the Father's
periods of custody.
10. prior to initiation of periods of partial custody with the Child,
the Father shall provide to the Mother his current telephone number at the
residence where the Child will be staying. on an ongoing basis, each party
shall insure that the other party has an updated address and telephone
number where the Child can be reached during his or her periods of custody.
11. Neither party shall drink alcohol immediately prior to or during
his or her periods of custody with the Child.
12. The parties and counsel shall attend a second Conciliation
Conference in the office of the Custody Conciliator, Dawn S. Sunday,
Esquire, on Wednesday, June 3, 1998 at 9:00 a.m.
13. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
Edgar B.
J.
,~
BY THE cotJRT,
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Matt McClenahen, Esquire - Counsel for Father .., ".,~
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Jan Terpening - for Mother ~ Q
. .
TRACEY RANA ROBINSON,
Plaintiff
IN THE COURT OF COOMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 98-502
CIVIL TERM
WILLIAM ROBERI' MARCHESANO, :
Calk/a: WILLIAM ROBERT STOTLER, JR.) :
Defendant :
CIVIL ACTION - LAW
CUSTODY/VISITATION
PRIm JUIlGE: Edgar B. Bayley
CUS'lOOY CCBCILIATIal SlMtARY REPCRl'
IN AccmDANCE WITH <nmERLAND <:xnnY RULE OF CIVIL PROCEOORE
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
Dl\.TE OF BIR'ffi
CURRl!NTLY IN CUS'lOOY OF
Rhyn William Marchesano
August 29, 1996
Mother
2. A conciliation Conference was held on February 25, 1998, with the
following individuals in attendance: The Mother, Tracey Rana Robinson,
wi th her representative, Jan Terpening, and the Father I William Robert
Marchesano, with his counsel, Matt Mcclenahen, Esquire.
3. The parties agreed to entry of an Order in the form as attached
with the exception of paragraph 10, which is the recommendation of the
Conciliator over the Father's Objection.
;:d.;rv
Date 0
cllt I 1'i9,f'
~~~
Dawn S. Sunday, Esquire
custody Conciliator
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TRACEY RANA ROBINSON,
Plaintiff
: IN THE COURT OF CXlMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 98-502
CIVIL TERM
:
WILLIAM ROBERT MARCHESANO,
(a/k/a: WILLIAM ROBERT STOTLER,
Defendant
:
JR.) :
.
.
CIVIL ACTION - LAW
CUSTODY/VISITATION
aIDER OF OXIRT
~
lo~
AND ~, this 2~1~ day of
consideration of the attached CUstody
and directed as follows:
~\J~
, 1998, upon
it is ordered
1. The Mother, Tracey Rana Robinson, and the Father, William Robert
Marchesano, shall have shared legal custody of Rhyn William Marchesano,
born August 29, 1996.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall participate in a program (with a minimum of six
(6) sessions) of parenting classes/counseling involving interaction between
the Father and the Child to be conducted by a qualified prOfessional
selected by agreement of the parties and counsel. The purpose of the
parenting program shall be to obtain a prOfessional evaluation regarding
the Father's attendance/participation and recol1ll1endations with regard to
ongoing sessions if needed. The Father shall be responsible for all costs
associated with the program under this paragraph.
4. Upon initiation of the parenting program under the preceding
paragraph of this Order, the Father shall have unsupervised partial
physical custody of the Child every Sunday from 2:00 p.m. until B:OO p.m.
for a period to coincide with the Father's ongoing participation in the
parenting program.
5. Upon the Father's completion of the parenting program in
accordance with the professional's recommendations, the Father shall have
partial physical custody of the Child for two (2) consecutive weekends from
Friday at 6:00 p.m. until the following Saturday at 6:00 p.m. Thereafter
on an ongoing basis, the Father shall have partial physical custody of the
Child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00
p.m.
,
6. The Father shall complete the drug and alcohol evaluation, testing
and recorrmended treatment required by this Court I s prior Order dated
September 27, 1996, prior to implementation of overnight periods of custody
with the Child under this Order.
7. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
until Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon until December 26 at
12:00 noon. The Mother shall have cuatody of the Child during
Segment A in even numbered years and during Segment B in odd
numbered years. The Father shall have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years.
B. Thanksgiving Day: In every year, the Mother shall have
custody of the Child on Thanksgiving Day until 2:00 p.m. and
the Father shall have custody of the Child from 2:00 p.m.
until 8:00 p.m.
C. Alternating Holidays: The parties shall alternate having
custody of the Child from 10:00 a.m. until 6:00 p.m. on the
following holidays, beginning with the Father having custody
of the Child on Memorial Day in 1998: New Years Day, Easter,
Memorial Day, July 4th, and Labor Day. The party who
otherwise has custody of the Child on Easter Sunday in 1998
under the regular custody schedule shall have custody for the
holiday.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 6:00 p.m.
8. The Father shall provide transportation for all exchanges of
custody under this Order and shall be punctual in picking up and returning
the Child to the Mother's residence. The Father and any individuals
accompanying the Father shall remain in the car during exchanges of
custody.
9. The Father shall administer to the Child all necessary medical
treatment as prescribed by the Child's physician during the Father's
periods of custody.
10. Prior to initiation of periods of partial custody with the Child,
the Father shall provide to the Mother his current telephone number at the residence where the Child will be staying. On an ongoing basis, each party
shall insure that the other party has an updated address and telephone
number where the Child can be reached during his or her periods of custody.
"
11. Neither party shall drink alcohol immediately prior to or during
his or her periods of custody with the Child.
12. The parties and counsel shall attend a second Conciliation
Conference in the office of the Custody Conciliator, Dawn S. Sunday,
Esquire, on Wednesday, June 3, 1998 at 9:00 a.m.
13. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by IIRltual agreement. In the absence of IIRltual agreement, the
terms of this Order shall control.
BY THE
COORT, /
l /
/
J.
cc:
Matt McClenahen, Esquire - Counsel
Jan Terpening - for Mother
for Father ] ~ L
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38WO-G311:l
TRACEY RANA ROBINSON, : IN THE COURT OF CCJMMCXIl PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 98-502 CIVIL TERM
: CIVIL ACTION - LAW
WILLIAM ROBERT MARCHESANO, :
(a/k/a William Robert stotler, Jr.) :
Defendant : IN CUSTODY
PRICR JUDGE: Kdgar B. Bayley
CUS'lQ)Y CXH:n.IATIGN SlM!ARY REPCRT
IN AC'CClmI\NCE Wl'l'H CDIBERLAND <XXlf.lY RDLE OF CIVIL ~
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
DA'l'E OF BIRl'H
CURRENTLY IN ~'"J.W1' OF
Rhyn William Marchesano
August 29, 1996
Plaintiff/Mother
2. The initial Conciliation Conference was held in this matter on
February 25, 1998. The parties agreed to entry of the attached Order, which
was signed by Judge Bayley on February 27, 1998. The Order scheduled a
second Conciliation Conference for June 3, 1998.
3. The second Conciliation Conference was held on June 3, 1998, with
the following individuals in attendance: The Mother, Tracey Rana Robinson,
wi th her representative, Jan Terpening, and the Father, William Robert
Marchesano, with his counsel, Matt McClenahen, Esquire.
4. At the Conference, it was determined that the Father had not
arranged for participation in a parenting program in accordance with
paragraph 3 of the prior Order, nor had the Father completed or obtained
confirmation of completion of the drug and alcohol evaluation required by
paragraph 6 of the prior Order. The drug and alcohol evaluation had been
previously ordered in dependency prOCeedings on Septenber 27, 1996.
5. At the Conferenee on June 3, 1998, the Father agreed to take the
necessary steps to comply with paragraphs 3 and 6 of the prior Order related
to the parenting program and drug and alcohol evaluation.
6. The prior Order dated February 27, 1998, entered after agreement at
the Conciliation Conference on February 25, 1998 continues in effect
there is no need for an additional Order at this time.
~o(p,.
Da S. Sunday, Esquire
Custody Conciliator
~
Date
3) /1 q ~
cc: Jan Terpening - for Mother
Matt McClenahen, Esquire
and
v,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY PENNSYLVANIA
: NO: 98-502 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
TRACEY RANA ROBINSON,
Plaintiff
WILLIAM ROBERT MARCHESANO,
Defendant
DEFENDANT'S PETITION FOR S'pECIAL RELIEf
AND NOW, comes Petitioner, William Robert Marchesano, by and through his
attorney, Michael 0, Palermo, Jr" Esquire and in support of the within Petition for
Special Relief avers as follows:
1. Petitioner/Defendant is William R. Marchesano, who resides at 154 North Pitt
Street Carlisle, PA 17013,
2, Respondent/Plaintiff is Tracey R. Robinson, who is believed to reside at 335
Market Street, Apartment 5-H, Harrisburg, 17101, Dauphin County, Pennsylvania,
3, The minor child in question is Rhyn William Marchesano, age 9, D/O/B/
8/29/1996,
4, On February 27, 1998, the Honorable George Hoffer entered a Custody Order
(attached hereto as Exhibit "A"), whereby Respondent/Plaintiff was awarded primary
physical custody with partial custodytvisitation awarded to Father,
5, Respondent/Plaintiff was apparently suffering from some Mental Health problems
and the child in question was voluntarily placed with f\lorthwestern Human
ServicestEdgewater, a foster care coordinator.
6, The child was placed with a family on Green Street in Harrisburg, Pennsylvania,
17110,
7, On or about June 5,2006, your Petitioner was contacted by the foster care
provider to set up visitation with the child with the anticipation that the child would be
discharged to Father/Petitioner.
8. Your Petitioner and his wife, Tina Marchesano successfully completed visitation
with the child,
9, The child, Rhyn Marchesano was discharged to the care and custody of
Petitioner/Father and his wife on or about June 9, 2006, See Therapeutic Family Care
(TFC) Child Discharge Summary attached as "Exhibit B",
1 0, The rationale for the discharge is that "[f}ather is available to care for Rhyn and
he and his wife and her two (2) daughters are eager to be a family to him," See "Exhibit
B"
11, RespondenUMother concurred in the decision to release Rhyn to his
Father/stepmother.
12, On or about June 23, 2006, Tina Marchesano took Ryhn to visit
Respondent/Mother at her apartment in Harrisburg,
13, When the time came to return Rhyn Marchesano to Petitioner/Father, Mother
refused and has continued to refuse to return Ryhn to Petitioner/Father in direct conflict
with the Discharge plan signed by all the necessary parties on or about June 5, 2006,
See "Exhibit B"
14, Petitioner/Father avers that it is not in the child's best interest to remain in an
apartment with respondent where the child does not have a bedroom and mother is ill
equipped to exercise sole custody at this time,
15, Mother's failing to follow through with the Discharge plan of leaving Rhyn in the
custody of Father is detrimental to the child's well being and risks undoing the essential
family bonds that were built-up as a result of fourteen (14) days of custody father
exercised since June 9, 2006,
16, Previous to this, the child was not in the care of Mother, but was cared for by
foster parents,
17, Mother has circumvented the foster care discharge plan by her actions,
18, Petitioner and his Wife previous to the incident arranged for all follow-up
treatment for Rhyn to occur in Cumberland County,
19. Per the treatment plan, Rhyn must complete the Summer Therapeutic Activities
Program (STAP), Petitioner and his wife have arranged for the same to occur at the
Yellow Breeches Camp. Said camp was scheduled to start June 19, 2006 and finish on
August 11,2006, See STAP Program Brochure attached hereto as "Exhibit C",
20: It is believed that Rhyn is not currently registered for the program as Mother has
failed to do so,
21, Rhyn is registered to attend special needs schooling in the Carlisle School
District. This action was also taken as a result of the discharge summary,
WHEREFORE, Petitioner respectfully requests this Honorable Court to Order
that the child, Rhyn Marchesano be placed in the primary care of Petitioner/Father and
his wife with partial custodytvisitation vested in Respondent/Mother subject to the
condition that mother continue treatment for mental illness and find suitable housing for
overnight visitation with said child,
Respectfully submitted,
ROMINGER & WHARE
~~-
Michael 0, Palermo, , Esquire
155 S, Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court 10# 93334
Attorney for PetitionerfFather
VERIFICATION
I verify that the statements made in this complaint are true and correct,
understand that false statements herein are made sultject to the penalties of 18 Pa,
Cons, Stat. ~ 4904 relating to unsworn falsification to authorities,
Date: ;-11- 0 (n
tUd..tnAMJ f(, MaN~.AA.R)
William R. Marchesano, Plaintiff
TRACEY RANA ROBINSON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY PENNSYLVANIA
v,
: NO: 98-502 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
WILLIAM ROBERT MARCHESANO,
Defendant
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr" Esquire, attorney for Petitioner do hereby certify that I
this day served a copy of the within Emergency Petition for Special Relief upon the
following by depositing same in the United States mail, postage prepaid, at Carlisle,
Pennsylvania, addressed as follows:
Tracey Robinson
335 Market Street
Apartment 5-H
Harrisburg, PA 17101
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Dated:
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Michael 0, Palermo, Jr" squire
Attorney for Petitioner/Father
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TRACEY RANA ROBINSON,
Plaintiff
: IN THE COURT OF CCl'II'Ol PLEAS OF
: CUMBERLAND o:ltlNrY, PENNSYl. VANIA
.
.
vs.
: NO. 98-502
CIVIL TERM
.
.
WILLIAM ROBER'!' MARCHESANO,
(alk/a: WILLIAM ROBERT STOTLER, JR.) : CIVIL ACTIOO - LAW
Defendant : CUSTODY/VISITATIOO
'l:rlI:ER ai' ctltla'
AND 1DI, this .l '1 g.
consideration of the attached
and directed as follows:
day of j-<-~..."", ' 1998, upon
Custody COnc lat'ion Report, it is ordered
1. The Mother, Tracey Rana Robinson, and the Father, William Robert
Marchesano, shall have shared legal custody of Rhyn William Marchesano,
born August 29, 1996.
2. The Mother shall have rilrirnary physical custody of the Child.
3. The Father shall filarticipate in a program (with a minimum of six
(6) sessions) of fil8.t"enting classes/counseling involving interaction between
the Father and the Child to. be conducted by a qualified prOfessional
selected by egreement of the parties and counsel. Th9 purpose of the
filarenting ~/J!T1 shall be to obtain a professional evaluation regarding
"t:he"Father'.'lI1:tendance/participat.ion and ~tions w:l.th regard to
ongoing sessiOfU! if needed. The Father shall be responsible for all costs
associated wi1;h. the program under this paragrafilh.
4. Upon initiation of the parenting program under the preceding
paragraph of this Order, the Father shall have unaupervised partial
physical custody of the Child every Sunday from 2:00 p.m. until 8:00 p.m.
for a period to coincide with the Father's ongoing participation in the
parenting program.
5. Upon the Father's completion of the parenting program .in
accordance with the professional'S recOll~ndations, the Father shall have
partial physiCal custody of the Child for two (2) consecutive weeJcenas from
Friday at 9:00 ril.Ilr.\.lrltil the followi.ng Seturday at 6:00,p.m. 'lbereafter
on an ongoing basis, the Father shall have partial physical custody of the
Child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00
p.m.
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6. ltleli'ather shall COlI~lete the drug and alcoo(Jl evaluation!__.testing.
andt'eCOItr.lel1c:!ffl trea1:ment required by this Court' oS prior. Order dated
September 27, 1996, prior to i1r4:>1ementation of overnight periods of custody
with the Child under this Order.
7. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: ~e Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
until Christmas Day at 12:00 noon, and Segment B, which shall
run from Christmas Day at 12:00 noon until Decentler 26 at
12:00 noon. The Mother shall have custody of the Child during
degmeticp: iri even.. nl.Dbered'years and during .segmenc B in odd
nlllltlered ~s. The Father shall have custody of the Child
during Segment A in odd nuni:lered years and during Segment B in
even ntmbered years.
B..' 'l'hanltsgiving Da~ In every year, the Mother shall have
custody of the ild on Thanksgiving Day until 2:00 p.m. and
the Father shall have custody of the Child from 2:00 p.m.
until 8:00 p.m.
'It'!tTlating llolida~S: 'rhe parties shall alternate having
custody of the Chi d from 10:00 a.m. until 6:00 p.m. on the
following holidays, beginning with the Father having custody
of the Child on Memorial Day in 1998: NE!\I Years Day, Easter,
Memorial Day, July 4th, and Labor Day. The party who
otherwise has custody of the Child on Easter Sunday in 1998
under the regular custody schedule shall have cuatody for the
holiday.
c.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every. year on Mother's Day from 10:00 a.m. until
6:00 p.m. and the Father shall have custody of the Child every
year on Father's Day from 10:00 a.m. until 6:00 p.m.
..- .-----
8. ~e Father shall provide transportation for all exchanges of
custody under this Order and shall be punctual in picking up and returning
the Child to the Mother's residence. The Father and any individuals
accccpanying the Father shall remain in the car during exchanges of
custody.
9. The Father shall administer to the Child all necessary medical
treatment as prescribed by the Child's physician during the Father's
periods of custody.
10. Prior to initiation of periods of partial custody with the Child,
the Father shall provide to the Mother his current telephone nuni:ler at the
res.idence '!'here the Child will be staying. en an ongoing basis, each pacty
shall insure t.'lat the.. -other. party has an updated address and telephone
number where the Child can be reached duriT his or her periods of custody.
Page 1 of 1
.
.
.
11. Neithllr party II\lall ~1nk alochol imedilltely pder to ClI."
hi.. or hE' periodll of euet.oc!y ...ith the Child.
12. 1tle p.r'U.. and COUMe1 IIhe.ll attead a. ~ld. cenci3
dcnfe...8nc:8 in the offiClll of the Cu8tody Canc:l.JJ.atlX', Dawn S. !
Bequ:L~, <:l'\~, rl'UI'Ie 3, 1996 l'It 9:00 a.m.
13. Thla OI:\'Jer i. entered pl.lL"8\ant to e .HG_il. of the part!.
Ol8tcdy Oclnc:l.liation CIOnteL"el'lce. '!'he puti.. may moc!1ty the pt'O'ti.1
this Order by lllUtual agneniMlt. In the a~ of mutual &ghU_
temll of th18 order _11 control.
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Matt McCleMhen, IlIqUira - Oounael fIX' father ~'
Jan _rpen:l.nq - for Mother .(:1'<'~ dI"": ..t ~
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THERAPEUTIC FAMILY CAR! (Tile)
fOSTER CARE PLUS (PCP)
~Bra. Sum!!1.ll:Jl
pl$~~.~!g~ '.lt1\lljnl Mtl.tJv: IlDOlI'lV'tigQ,n,\''\ll'.fcro'll\o''l\''ft. W.lllr"l....fNr...~
older and the child's parents or gllardlen' and a .epre.entetlve flom NtiS,
ChiC i(~ frlqrfk..~(ljt{) M;.;/MH/.jj()).OSO/gte ~..I.E at,
Date or Entry ---1---1__
EX>lCctllO Dllte of CI$chargl 1.J!l..J t)cP
TFC/fCP Parents:
Address: .--..3
T (()Cey 7dJhi'rJ-snv
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HarV';-sb~ Pit !7/0/
Reasons tor Referral:
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t,t time of tllSChllrge a fiM. d~S"'S$r'1ent of th~ cMe's progress relating tha
.oe'ilJl/bllhav,ol'lll categc."es thilt a~ put of th.. IP.5P p.O':"'! 'leeds to b\' milOe.
Narrstl"e Statements, for each category is n(;t needed, The follOWing is i, IIsti~9 of
,,,tegories,
Self.Car. SkillS
~ 0 4
Nwtrll,onai EXpllctat!Ons
121'314
fime Strwctu'rrng'
1 6) 3
Support System
1 2 0 4
leg;!1 lS$ues
1 2
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JoiOL;stkeEp!.l'\g Skills
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cr;mm~ Palt"lpationl~eiau,'e T,me
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MOni!Y Manegeme~t
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edu<:atlonil:;)9~ionai Oevelopment
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1-a,1 ~004/001 F.~li
';~~r:cy ~,1;5PO;lSI0Ie r'Or eacr~ id!l~l:iied rClim'd"
Type 01 serVice ;0 b~ p:ov!aej, ~
Conti'''t Pt!r~on N~;ne =r:3
Ohte ;;ervlcll elCpe.;tea to 'Jq,n: ~;...J__
Cate Service expecteo to ~o"~!',jde: ....)__.1___
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1::0,%;lct ~erson Nlll'l''' ..A.m1i2r:
Date selVite eJ(Dectea to oeg:r\: ...J _.1_
O,te Service e~pet:ild to CO"l;i~de,_J--1_~(J;~
Agency Re.POMible fer ""r iClt!ntifJe~ 'oiloW-<J ser';iC":~'~~~'sSU:S
Typ. of ser'llc'" t(/ bil prol'd<!j: _SJ .
:::ontact PersQ~"a'n~ t:r.1 rc.t':..~, ,"on~;; :2..33.- ~~'J.... HbiiM
Date $ef'lic;e expected to ~e(l': ...J _J __ 'J.4.J./, N3ef) sr; rc; ~n /ltJ
05te Servicl expected to CCH",;I"a~: ~: __J__
Awenc~ RUllcMibl1l f~r ea,c;h Iden'~lf"d,feilo,"uP ,~~:i:.. a-t
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Co"t~~t ~er,on Nllme ._____~hon" It _ _.
Oate se.'"V:ce ex~ected to begir, -I.....J_-_..UfdYt n"~;s:frufiiiJ
Date Servi.:e expected to conciwae: _../--1_
il.gency Responsible for Ucl1 lile~tifled foliow-up seN1ce:_,_.
Type of servlr.e to be prov:dild: __,_
Conte,! Person. !IIam, __ Phone *
D;I:I seNlce ellpec,ted to begi,,: _.1--1_
Da(e Service e){peet~d to ~oncl"ae, .-1--1__
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Ai Dlscharse Team merne",'. receive a copy of the siqc.d d'sch"'qe swmrrar1,
-----'-'-'--.-- --,----
iIi.ili'oj
HUMAN SERVICES
NHS of the
Central Remon
BETH McALISTER,
RN, MSHA
COUNTY
DIRECTOR
EDGEWATER
SERVICES
Dauphin
RESIDENTIAL/CDA
1801 N, Front St,,2"
Floor
Harrisburg, PA 17102
717/238-8852
Fax: 7171 238,9031
PHP
1801 N, Front St.
Harrisburg, PA 17102
717/238-8666
Fax: 717/238,0692
BHRS
2101 N, Front St,
Governor's Plaza
Bldg I, I~ Floor
Harrisburg, PA 17102
717/238,1565
Fax: 717/238,1517
cn
1801 N, Front Street
Harrisburg, P A 17102
717/238-8666
Fax: 7171238,9135
OUTPATIENT
1100 South Cameron
St.
Harrisburg, P A 17104
717/238-7662
Fax: 717/238,7894
FcprrFC/CRR-HH
2101 N, Front St.
Governor's Plaza
Bldg, 3, 3"' Floor
Harrisburg, P A 171l 0
717/236-7357
Fax: 717/236-2204
:, To: Team Members
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Date: 6/2/06
Re: IRSP Review for Rhyn Marchesano
Dear Tracey Robinson,
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Enclosed is a copy of the Individualized Residential Service Plan, or
IRSP, for your child updated on 5/17/06, Please recall that this
document is completed upon intake for every child placed in a foster
care or CRR Host Home with this agency as an initial assessment of
each child's social and emotional development and subsequent
functioning within the family, with peers, and in the community, as
required by the state laws which govern our programs (Pennsylvania
Code Title 55, Chapter 5310, Subchapter C, section 5310,123), As an
integral member of your child's treatment team, you are provided with a
copy of this document for your records,
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The IRSP is a working docun1ent that is reviewed and updated every 60
days while your child remains in placement. You will receive a copy of
the updated document each time it is reviewed. Additionally, you will be
notified of scheduled meetings in which the IRSP will be reviewed and
updated and given the opportunity to provide input and feedback
regarding your child's functioning in the 11 domains assessed,
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Please review the enclosed document and contact me with any questions
or concerns at 236-7357 ext. 128 or you may use my pager to notify me
that you would like a return call. My pager number is 1-866-825-0482,
After the tone, you will need to input the number where you may be
reached by dialing your contact number and pressing the pound key (#),
r will return your page as soon as possible,
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Sincerely,
Ruth Seitz
Program Specialist
Enc,
Cc: Amber Getsay, rCM, Stevens Center
Denise and Glenn Thompson, Foster Parents
Beverly Swiadas, Beh Sp
Trond Harman, FC Intern
Tracey Robinson /
Billy Marchesano V
Bcc: File
Page 1 of 4
Child's Name: Rhyn Marchesano
NORTHWESTERN HUMAN SERVICES/EDGEWATER
THERAPEUTIC FAMILY CARE (TFC)
CRR HOST HOME
FOSTER CARE PLUS (FCP)
INDIVIDUAL RESIDENTIAL SERVICE PLAN GOAL SHEET
Child's Name: Rhyn Marchesano
Preparation Date: 5-17-06
Placement Date: 2-13-04
Date of Bi rth: 8-29-1996
Pia n Cycle: Initial/AnnualIRSP X 60-Day IRSP Review
Areas of Strength as identified in the most recent IRSP:
1. Rhvn has a sense of humor and a healthv imaaination,
2, Rhvn has a aood sense of olav that he uses with Leaos and other tovs.
3, Rhyn has benefited from Stepping Stones; his social skills are improving,
Areas of Need as identified in the most recent IRSP:
1.. Rhvn needs to aain awareness of social cues and to maintain aoorooriate social
boundaries,
2, Rhvn needs to oractice anaer manaaement skills and decrease imoulse to hit.
kick. oush and oull others,
3, Rhyn needs to follow directions, especially transitioning from one place or activity
to another - at home and in school.
Goal # 1: Rhyn will keep his hands and feet to
himself in 6 out of 10 opportunities per week, 1 2 3 4 5
Current level of functioning:
Plan to AccompliSh Goal: Team will remove Rhyn from the area of being inappropriate with
others: (a)foster parents and mom will apply cOl]sequences, such as loss of video games, when
Rhyn hits, kicks, pushes, pulls or in any other ways uses his hands and / or feet
inappropriately; (b) team will use stories to help Rhyn understand the concept of boundaries:
team will prompt Rhyn with social cues and allow him to take self time-outs when engaging
inappropriately with others or ignoring social boundaries: team will model appropriate social
skills and get Rhyn involved in social activities,
(a) .
Person Primary Responsibility: team Target Date: 7-15-06
Progress/Regression since last review: Currently, Rhvn is keeoina his .hands and feet to
himself 4 out of 10 oooortunities, Rhvn threw a shoe and hit his foster brother, He ounched
Denise on her back and tried to steo on her foot at a time that her other foot was iniured,
Page 2 of 4
Child's Name: Rhyn Marchesano
Goal #2: Rhyn will reduce outbursts and utilize anger management skills 5 out of 10 times
within 2 prompts,
Current level of functioning:
Plan to Accomplish Goal: prog Spec and
Behavior Specialist will work with CRR-HH parents and mother on
parenting techniques suitable for Rhyn (timeouts, schedules and behavior charts), Team will
give Rhyn opportunity to express his anger appropriately, e.g., use the turtle technique to calm
himself down, Team will give Rhyn a plan for the day and attempt to stick to the plan as best
as possible, acknowledging the fact that unexpected eyents arise regularly,
Person Primary Responsibility: team members Target Date: 7-15-06
1
2
3
4
5
Progress/Regression since last review: Rhvn kicked Denise's car and refused to oet in on a
dav that she was trying to take him to a med check, Most recentlv, Rhvn's Mondav
outbursts followino a home visit decreased to whinino, cryino and nasty words with reoorts
of fussino on the bus, Rhvn has had medication adjustments because he had been sleeoino
each afternoon in the nurse's office, At nioht he is not fallino asleeo for 2 hours, but he is
calm in his room, With oeers, Rhvn aoitates.e,o.. smirkino when he has a snack and a oeer
doesn't.
Goal #3: Rhyn will follow directives within 2
prompts,
Current level of functioning:
Plan to Accomplish Goal: Team will count prompts after the first expectation is explained;
team will give clear and concise expectations and directions allowing Rhyn to clarify with
questions; team will have Rhyn repeat directions to make sure he understands; team will use
modeling and role play to heip with follow through. Visual aids will be developed for Rhyn to
structure his day, It is helpful for Rhyn to be able to self-monitor and self-record performance.
1
2
3
4
5
Person Primary Responsibility: Team and school staff Target Date: 7-15-06
Progress/Regression since last review: On the several occasions when Rvn was Irritable and
whinv. refusino to comolv. Rvn was conseouenced with timeouts in his room and loss of
orivileges such as hand-held oames. TV time and soecial treats, Rhvn acceots Denise's re-
direction,
Goal #4: Rhyn will have more frequent and longer visits with his mother with his goal to
return home,
Plan to Accomplish Goal: Now that Tracey has
moved into her apartment, the team will
arrange for overnight visits, Team will discuss options for
activities with Rhyn, Trond Harman, social work intern, will model parenting techniques for
giving directives with Tracy to Rhyn,
1
2
3
4
5
Person Primary Responsibility: team Target Date: 7-15-06
Progress/Regression since last review: Rhvn likes havln9 visits with mom, He recently
started reouestino time with the Thomosons on weekends for soecific family activities, He is
more wi/Ii no to state his own wishes rather than feelino it a necessity to say what adults
may want to hear, Rhyn now reads social cues. understandino when an adult wants to
soend time with him, (See next sheet for visitation olan,)
Page 3 of 4
Child's Name: Rhyn Marchesano
INDIVIDUAL RESIDENTIAL SERVICE PLAN EMERGENCY PROCEDURE PLAN
Emergency Plan:
Medical Emergency:
L Call 911
2, Call NHS Staff who will contact county agency and biological family.
Behavior Escalation:
I, Attempt to de-escalate the situation by giving space, finding cause of problem
or talking, Refer to the child's treatment plan regarding the use of safe crisis
management
2, Contact NHS staff and/or MT for additional assistance,
Runaway:
I, Contact NHS staff
2, Follow up with staff after 15 minutes for children under 14 and 1 hour for
teenagers, Staffwill advise foster parent h7)' to proceed, r:; t:.,O
EMERGENCY NUMBERS: Vlq~/ D ,] j 1
Program Specialist/Manager: 717-236-7357 x 128 "-J '
Pager: I 866-825-0482 ,\..J \0 \
On Call from 5pm until8am, weekends and holidays: Pager: 1-800-812-2243
Ifno response within 10 minutes call 717-368-0573.
VISITATION PLAN
Name of people involved in visits: Tracey Robinson, mother
Visit Frequency: Visits are planned for weekends with 2 overnights, Tracy's friends are not to be
present. Visits occurred Apr 14 & 15; Apr 21 and 22, Apr 29; May 6 and May 13, Rhyn has
asked for one night visits, On the Mondays following the April 7 and 14 visits, Rhyn was very
physical. Visits are planned for May 19-20, May 26-28 and June 2-5. Visits and discharge will
be discussed at the June meeting,
Tracy asked the Program Specialist to prepare a discharge letter for Social Security and to
get a 2-bedroom voucher from Section 8 housing,
Phone contact is 3 times a week, either Tracy or Rhyn calling the other,
Visit Length: overnight
Visit Time: as arranged
Visit Location: Tracy's apartment
Are Visits Supervised? YES NO If yes, who supervises visits?
Transportation arrangements: FP transports Rhyn to and from visits,
Additional Information: Trond Harman, social work intern, accompanies Tracey and Rhyn to
model appropriate behaviors whenever possible,
Page 4 0 f 4
Child's Name: Rhyn Marchesano
INDIVIDUAL RESIDENTIAL SERVICE PLAN SIGNATURE PAGE
Individual l2~fj f1 frill rrlte.s U(J
Date Prepared _5_/_17_/_06_
My signature below signifies that I agree that I will not disclose information discussed without
the appropriate written consent of the parent/guardian and/or the consumer and as permitted by
state and federal laws and regulations,
Relationship to
child/adolescent
Agency
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Signa re Date
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Signature indicating the approval of the Program Director:
Signature
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TRACEY RANA ROBINSON,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY PENNSYLVANIA
: NO: 98-502 CIVIL TERM
v.
WILLIAM ROBERT MARCHESANO,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this -----.!3~
~
,~1fI.. day of
day of
2006, a hearing is hereby scheduled for the within Petition on the
~ili;
in Courtroom #-4.-, of the Cumberland County Courthouse, Carlisle, Pennsylvania.
, 2006 at
1 \ '. ()O
o'clock --,&-.m.
BY THE C9URT:
./
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Distribution:
M.O. Palermo, Jr., Esquire, counsel for Petitioner/Father
Tracey Robinson, Respondent/Plaintiff
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TRACEY RANA ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
98-0502 CIVIL TERM
WILLIAM ROBERT MARCHESANO,: CUSTODY
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 18th day of July, 2006, the Court having
reviewed the defendant's Petition for Special Relief, and the
plaintiff mother having indicated that it is her desire to
continue this matter in order to obtain counsel for hearing in
this case, IT IS HEREBY ORDERED AND DIRECTED that hearing is
continued until July 25, 2006, at 2:00 p.m. in Courtroom Number 5
of the Cumberland County Court of Common Pleas.
Custody of the child, Rhyn William Marchesano, age 9,
shall remain with the defendant father. In the interim, it is
specifically directed that the mother shall have supervised
visitation with the child two times prior to July 25, 2006.
By the Court,
~
M. L. Ebert, Jr.,
~ichael Palermo, Jr., Esquire
For the Defendant
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Jfracey Rana Robinson, Plaintiff
Pro Se
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TRACEY R. ROBINSON,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-502 CIVIL TERM
WILLIAM R. MARCHESANO,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of TRACEY R. ROBINSON, Plaintiff, in
the above-captioned matter.
By:
EDWARD J IMNAGH, ESQUIRE
Attorney I. . No. 87860
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
Attorney for Plaintiff
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TRACEY RANA ROBINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF.
CUMBERLAND COUNTY, PENNSYLVANIA
V
98-0502 CIVIL TERM
WILLIAM ROBERT MARCHESANO,: CUSTODY
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 25th day of July, 2006, this being the
time and place for a hearing in regard to the defendant's
Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED
that that matter is continued generally.
IT IS FURTHER ORDERE~ AND DIRECTED that this case will
be referred to the custody conciliator for a custody conference.
In the interim, IT IS ORDERED AND DIRECTED that both
parents shall have shared legal custody of Rhyn William
Marchesano, born August 29, 1996. Father will have primary
physical custody of the child and the mother shall have partial
physical custody of the child as stated hereafter: Beginning
July 29, 2006, at 12:00 p.m., Tina Marchesano, stepmother of Rhyn
Marchesano, the child in question, will drop off Rhyn at the
Greyhound parking lot in Harrisburg, Pa., to the care and custody
of mother, Tracey Robinson. On Monday, July 31, 2006, maternal
grandmother of Tracey Robinson will return the child to the
Silver Springs Common Sheetz by 8:00 a.m. Additionally, at such
other times as agreed upon by the parties.
~
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~ichael Palermo, Jr., Esquire
For Tracey Robinson
By the Court,
M. L\b~' ~ 't
~ward J. Mimnagh, Esquire
For William Marchesano
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TRACEY RANA ROBINSON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
98-502
CIVIL ACTION LA W
WILLIAM ROBERT MARCHESANO
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, July 27, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 02, 2006
, the conciliator,
at 1:00 PM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT,
By: Isl
Dawn S. Sunday, Esq.
Custody Conciliator
c.,
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of ] 990, 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
HA VE 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) 249-3] 66
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TRACEY RANA ROBINSON,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-0502 CIVIL
WILLIAM ROBERT MARCHESANO,:
Defendant
CUSTODY
ORDER OF COURT
AND NOW, this 12th day of September, 2006, upon .consideration of the attached
Custody Conciliation Report, IT IS ORDERED AND DIRECTED as follows:
1, A hearing is scheduled in Courtroom No. 5 of the Cumberland County
Courthouse on the 11 th day of December, 2006, at 10:00 a.m. at which time
testimony will be taken. For purposes of the hearing, the Father shall be
deemed the moving party and shall proceed initially with testimony. Counsel
for the parties and Child shall file a memorandum with the Court and
opposing counsel setting forth each party's position on custody, a list of
witnesses who are expected to testify and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least 10
days prior to the hearing date.
2. Mark Bayley, Esquire, is appointed as Guardian Ad Litem for the Child,
Rhyn William Marchesano, born August 29, 1996. The parties shall
cooperate in providing transportation and making the Child available for all
appointments requested by the Guardian Ad Litem and shall sign any
authorizations deemed necessary by the Guardian Ad Litem to obtain
records and information pertaining to the Child.
3. Pending the hearing and further Order of this Court, the parties shall
share having legal custody of the Child, the Father shall have primary
physical custody of the Child and the Mother shall have partial custody
on alternating weekends from Friday at 5:00 p.m. through Sunday at
5:00 p.m. beginning on Friday, September 29, 2006. The Father shall have
custody over the weekends of September 15 and September 22, 2006.
The parties shall share having custody on Thanksgiving Day, with the Father
having custody until 3:00 p.m. and the Mother having custody from 3:00 p.m.
until 8:00 p.m" unless otherwise agreed between the parties.
4. Unless otherwise agreed between the parties, all exchanges of custody
shall take place at the Kentucky Fried Chicken restaurant on the Carlisle
Pike in Mechanicsburg.
..
5. The parties shall submit themselves to a psychological evaluation to be
conducted by Arnold Shienvold, Ph. D., with the evaluation costs
to be paid by the County. The purpose of the evaluation shall be to obtain
independent professional recommendations concerning the emotional and
psychological abilities of each party to provide appropriate care for the Child,
The evaluation reports shall be provided to the Court with the memoranda
required by paragraph 1 of this Order. The report shall be completed by
December 1, 2006.
By the Court,
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J.
M. L. Ebert, Jr.,
~rd J. Mimnagh, Esquire
Attorney for Mother
~Chael O. Palermo, Esquire
Attorney for Father
~k Bayley, Esquire
Guardian Ad Litem for Child
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RECEIV[-{:l)
SEP 2006
TRACEY RANA ROBINSON
Plaintiff
IN THE COURT OF COM
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
98-502
CIVIL ACTION LAW
WILLIAM ROBERT MARCHESANO
Defendant
IN CUSTODY
Prior Judge: M.L. Ebert, Jf.
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
Rhyn William Marchesano August 29, 1996
Father
2. A custody conciliation conference was held on August 29, 2006, with the following
individuals in attendance: The Mother, Tracey Rana Robinson, with her counsel, Edward J.
Mimnagh, Esquire, and the Father, William Robert Marchesano, with his counsel, Michael
O. Palermo, Esquire.
3. This Court previously entered an 0 rder in this matter 0 n Ju ly 2 5, 2006, 0 n the Father's
Petition for Special Relief, providing for the Father to have primary physical custody of the
Child and the Mother to have partial custody by agreement pending a conciliation
conference. The conference originally scheduled for August 2 was continued at the request
of the Mother's counsel.
4. The Father filed this Petition for Special Relief seeking primary custody of the Child after
the Child had been placed in the Father's care on June 6, 2006 by Northwestern Human
Services, with whom the Child had been previously placed in foster care. Although the
Mother had primary custody 0 f t he Child under a I 998 Court Order, ita ppears that the
Child has been in foster care or other third party custody for an extended period. The Child
has been diagnosed with autism and an Individualized Residential Service Plan has been
established by Northwestern Human Services! Edgewater. Although the parties were able
, ,
to agree at the conference that the Father would retain primary custody throughout the
school year and the Mother would have periods of weekend custody, the cooperation
completely broke down during discussion of communications between the parties.
Essentially, the Mother insists upon speaking (or emailing) directly with the Father on
issues concerning the Child and the Father adamantly refuses to deal with the Mother
directly and proposes instead that the Mother communicate with his Wife regarding the
Child. Although there was an attempt to discuss the importance of sharing information and
fostering the relationship between the Child and the other parent, particularly on the
primary custodian's part, there was too much acrimony between the parties for constructive
discussion, and ultimatum's were issued which led to the demand for a hearing.
5. As the Child has many emotional and psychological problems and the parents are presently
unable to communicate with regard to the Child's needs in connection with the custody
proceedings or otherwise, counsel suggested the appointment of counselor a Guardia Ad
Litem for the Child. The Conciliator strongly agrees with the suggestion and has contacted
the Children's Advocacy Clinic of Penn State Dickinson School of Law to request
assistance as reflected in the proposed Order. Also due to the allegations of the parties and
the general circumstances of this matter, it is recommended that psychological evaluations
are obtained for the parties to assist the Court's determination. Psychological evaluations
were also requested by counsel at the conference. The purpose of the evaluations would be
to assess both parents' abilities to provide appropriate care for the Child. Accordingly, two
alternative proposed Orders are provided for the Court's consideration, one ordering the
evaluations and the 0 ther 0 mitting the evaluation provision. It should be noted that the
parties do not have the financial resources to pay the costs of the evaluation and request that
the costs thereof be borne by the County.
6. The Father's position on custody is as follows: The Father believes the Child should
remain in his primary care as he has assumed custody of the Child since June 9, 2006 and
within that time the Father's wife enrolled the Child in the Summer Therapeutic Activities
Program and in the NHS Carlisle Autism School for the 2006-2007 school year. The Father
believes that the Mother's mental health problems prevent her from being able to provide
primary care. The Father expressed concern that the Child had been in programs and foster
care for 3 years without the Father's knowledge and feels that he was prevented from
having a relationship with the Child or providing care within that time due to the Mother's
conduct. The Father stated that he found out that the Child was living in the local area just
recently from a third party. As a result, the Father does not believe he should have to
communicate with the Mother concerning the Child now that he has custody.
7. The Mother's position on custody is as follows: The Mother believes that she should have
custody of the Child every weekend if the Father has custody during the week for school.
The Mother denies that she tried to hide the Child's whereabouts from the Father over the
past 3 years, as the Father was free to contact the Child's counselors to determine the
circumstances. The Mother indicated that she is not willing to communicate primarily with
the Father's wife with regard to the Child as she believes the Father should act as the
parent. The Mother expressed concerns that the Father is attempting to alienate the Child
I
I
/--------------
. .
from her. As the Mother does not have a driver's license, she feels that the Father should
provide most of the transportation for exchanges of custody.
8. The conciliator recommends an Order in the form as attached scheduling a hearing,
providing temporary partial custody arrangements for the Mother pending hearing, and
appointing a Guardian Ad Litem for the Child. An alternative Order is provided requiring
psychological evaluations of the parties at the cost of the County. It is anticipated that the
hearing will require at least one-halfto one full day.
~t- ....31, dOO~
Date
Dawn S. Sunday, Esquire
Custody Conciliator
1
TRACEY RANA ROBINSON, IN THE COURT OF COMMON PLEAS F
Plaintiff CUMBERLAND COUNTY, PENNSYLVA IA
V. NO. 98-0502 CIVIL
WILLIAM ROBERT MARCHESANO,:
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 12th day of September, 2006, upon ~onsideration of the
Custody Conciliation Report, IT IS ORDERED AND DIRECTED as follows:
1. A hearing is scheduled in Courtroom No.5 of the Cumberland Count
Courthouse on the 11th day of December, 2006, at 10:00 a.m. at whi h time
testimony will be taken. For purposes of the hearing, the Father shal be
deemed the moving party and shall proceed initially with testimony. ounsel
for the parties and Child shall file a memorandum with the Court and
opposing counsel setting forth each party's position on custody, a list of
witnesses who are expected to testify and a summary of the anticipat d
testimony of each witness. These memoranda shall be filed at least 0
days prior to the hearing date.
2. Mark Bayley, Esquire, is appointed as Guardian Ad litem for the Chil ,
Rhyn William Marchesano, born August 29, 1996. The parties shall
cooperate in providing transportation and making the Child available or all
appointments requested by the Guardian Ad litem and shall sign an
authorizations deemed necessary by the Guardian Ad litem to obtai
records and information pertaining to the Child.
3. Pending the hearing and further Order of this Court, the parties shall
share having legal custody of the Child, the Father shall have prima
physical custody of the Child and the Mother shall have partial custo y
on alternating weekends from Friday at 5:00 p.m. through Sunday at
5:00 p.m. beginning on Friday, September 29, 2006. The Father shal have
custody over the weekends of September 15 and September 22, 200 .
The parties shall share having custody on Thanksgiving Day, with the Father
having custody until 3:00 p.m. and the Mother having custody from 3: 0 p.m.
until 8:00 p.m., unless otherwise agreed between the parties.
4. Unless otherwise agreed between the parties, all exchanges of custo y
shall take place at the Kentucky Fried Chicken restaurant on the Carli Ie
Pike in Mechanicsburg.
~
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5. The parties shall submit themselves to a psychological evaluation to e
conducted by Arnold Shienvold, Ph. D., with the evaluation costs
to be paid by the County. The purpose of the evaluation shall be to 0 tain
independent professional recommendations concerning the emotiona and
psychological abilities of each party to provide appropriate care for th Child.
The evaluation reports shall be provided to the Court with the memor nda
required by paragraph 1 of this Order. The report shall be completed by
December 1, 2006.
~rd J. Mimnagh, Esquire
Attorney for Mother
~Chael O. Palermo, Esquire
Attorney for Father
~k Bayley, Esquire
Guardian Ad Litem for Child
By the Court,
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J.
M. L. Ebert, Jr.,
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TRACEY RANA ROBINSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 98-0502 CIVIL
WILLIAM ROBERT MARCHESANO,:
Defendant CUSTODY
AMENDED ORDER OF COURT
AND NOW, this 16th day of October, 2006, at the request of
Dr. Arnold Shienvold, Ph.D., paragraph #5 of the Order of Court dated
September 12, 2006, is amended to allow Dr, Kasey Shienvold to do the psychological
evaluations previously ordered. All other aspects of that order shall remain in full force
and effect.
Adward J. Mimnagh, Esquire
Attorney for Mother
Achael O. Palermo, Esquire
Attorney for Father
Aark Bayley, Esquire
Guardian Ad Litem for Child ~
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WILLIAM MARCHESANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRACEY ROBINSON,
Defendant
CIVIL ACTION - LAW
NO. 98-0502 CIVIL TERM
CUSTODY
MOTION TO CONTINUE CUSTODY HEARING
AND NOW, comes Plaintiff, William Marchesano, by and through his private counsel,
Michael o. Palermo, Jr., Esquire and in support of his Motion to Continue Custody Hearing,
avers as follows:
1. There is a Custody hearing scheduled for December 11, 2006, in front of the
Honorable M. L. Ebert, Jr.
2. Undersigned counsel has been scheduled for a jury trial in Adams County for the
same day.
3. Undersigned counsel anticipates a one-day trial in Adams County and respectfully
requests that the hearing date be scheduled in the near future.
4. Defendant, Tracey Robinson, has not completed the psychological evaluation which
was ordered by this Court and as such will not be prejudiced by the continuance.
5. Opposing Attorney Edward J. Mimnagh has been contacted and he is in concurrence
with the continuance request.
WHEREFORE, your petitioner respectfully requests that this Honorable Court grant the
continuance and reschedule the hearing to a new date and time.
Date: 1~/foIDb
I f.'
ROMINGER & WHARE
Michael O. Palermo, Jr.,
155 South Hanover Street
Carlisle, PAl 70 13
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
WILLIAM MARCHESANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRACEY ROBINSON,
Defendant
CIVIL ACTION - LAW
NO. 98-0502 CIVIL TERM
CUSTODY
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day
served a copy of the Motion to Continue Custody Hearing upon the following by depositing
same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania,llddressed
as follows:
Edward J. Mimnaugh, Esquire
203 West Caracas Avenue
Suite 201
Hershey, P A 17033
Mark F. Bayley, Esquire
57 West Pomfret Street
Carlisle, P A 17013
Dated: t2/'10I-
Respectfully submitted,
ROMINGER & WHARE
-
Michael O. Palermo, r.,
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
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WILLIAM MARCHESANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRACEY ROBINSON,
Defendant
CIVIL ACTION - LAW
NO. 98-0502 CIVIL TERM
CUSTODY
ORDER OF COURT
AND NOW, this 'J'P-dayof [J~
, 2006, upon consideration of the
within Motion to Continue Custody Hearing, the Motion is hereby granted and the hearing will
be rescheduled to the d) t, '#--day of J ~ ' 2001., in Courtroom #2, at
q : 3 Do' clock k m. at the Cumberland County Courthouse in Carlisle, Pennsylvania.
By the Court:
Distribution:
Michael O. Palermo, Jr., Esquire
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Edward J. Mimnaugh, Esquire
Mark F. Bayley, Esquire
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TRACEY R. ROBINSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-502 CIVIL TERM
WILLIAM R. MARCHESANO,
Defendant
CIVIL ATION - LAW
: IN CUSTODY
PETITION FOR LEAVE OF COURT TO WITHDRAW
AS COUNSEL FOR PLAINTIFF. TRACEY R. ROBINSON.
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1012
To the Honorable Judges of Said Court:
AND NOW, comes the Petitioner, Edward J. Mimnagh, Esquire, and in support of
his Petition for Leave of Court to Withdraw as Counsel for Plaintiff, Tracey R. Robinson,
pursuant to Pennsylvania Rule of Civil Procedure 1012, respectfully represents as
follows:
1. Petitioner is Edward J. Mimnagh, Esquire, an attorney with offices located
at 203 West Caracas Avenue, Hershey, Dauphin County, Pennsylvania 17033.
2. Respondent is Tracey R. Robinson who resides at 335 Market Street,
Apartment 5-H, Harrisburg, Dauphin County, Pennsylvania 17101.
3. Petitioner was retained by Respondent on or about July 20, 2006 to
represent her in connection with the above-captioned matter.
4. In attempting to vigorously and competently represent Respondent, the
Petitioner has been increasingly hampered by Respondent's refusal to accept the
Petitioner's professional advice and by Respondent's unwillingness to cooperate with
his counsel.
5. Despite repeated efforts to do so, Petitioner has been unable to
meaningfully and effectively communicate with Respondent or to succeed in persuading
him to view these matters in a more reasonable fashion in accordance with the laws of
this Commonwealth.
6. Respondent has repeatedly insisted upon pursuing matters and strategies
which Petitioner has advised her are imprudent and contrary to her best interests.
7. Petitioner has, at all times, attempted to represent Respondent effectively
and vigorously to the best of his ability, but it has become impossible for Petitioner to do
so.
8. Effective January 17, 2007, Respondent has advised Petitioner that she
no longer desires his representation. See Respondent's correspondence dated January
17, 2007, and attached hereto as Exhibit "A".
9. Petitioner asks to withdraw his appearance for Tracey R. Robinson
because, inter alia:
a. There appears to be a serious failure to communicate
between Respondent and Petitioner such that Respondent insists
upon pursuing an objective that Petitioner considers imprudent;
b. Respondent had indicated she no longer desires to
have Petitioner represent her in this matter; and
c. Continued representation will place an unreasonable
financial burden on Petitioner given Respondent desire to have
counsel so removed.
WHEREFORE, Petitioner respectfully requests that his appearance be withdrawn
for Respondent and that he be removed from the docket as the attorney of record for
Tracey R. Robinson.
Date:
Feb. 10 2007
"
By:
s
203 W st Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
EXHIBIT A
JOHN & PAT
717-766-4688
p.2
.l::"age 1. OI L.
john...patcarey(&peoplepc.com
From:
To:
Sent:
Subject:
Dear Michael O. Palermo, Jr., Esquire
I Tracey R Robinson would like to respectfully request that the scheduled custody
hearing for Feb 26, 2006 BE DROPPED.
I have already express to Mr. and Mrs. William Marchesano that they may have
physical custody of our 10 year old son Rhyn W. Machesano.
I no longer wish to keep fighting over Rhyn W. Marchesano, it isn't getting any
of the parties anywhere and it is hurting my child in the process.
As of today I have dropped my counsel Mr. Eddie J. Mimnagh., Esquire I am with
out legal representation.
I just want what is best for Rhyn W. Marchesano and right now by allowing
Rhyn. W. Marchesano to live with his biological father William R. Marchesano and his
wife Tina Marchesano, is the best thing I can do for the love ofRhyn W. Marchesano.
He is in a stable environment, doing better in school then he has done in the past.
Rhyn W. Marchesano is a special needy child and right now his needs are being
meet and Rhyn W. Marchesano is being well taken care of by Mr. and Mrs. William R.
Marchesano.
Rhyn W. Marchesano is all I care about not this hearing.
Please feel free to contact me for any reason.
Sincerely
Tracey R Robinson
335 Market Street Apt 5H
Harrisburg, P A 1 71 0 1
717-234-5068 home
CCI Judge, M. L. Ebert, Jr.
155 South Hanover Street
Carlisle, P A 17013
Office 717-241-6070
Fax 717-241-6878
cel Eddie J. Mimnagh-Esquire
203 West Caracas Avenue
Suite 201
Hershey, PA 17033-1567
Office 717-534-2600
Fax 717-534-1344
CCI Mark F. BayleY!t Esquire
57 West Pomfret Street
, ""7 1'>""7
JOHN 8. PAT
717-766-4688 p.3
I:"'age---z OI: L.
Carlisle, PA 17013
eel Mr. and Mrs. William R. Marchesano
154 North Pitt Street
Carlisle, P A 17013
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WILLIAM MARCHESANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRACEY ROBINSON,
Defendant
CIVIL ACTION -LAW
NO. 98-0502
IN CUSTODY
PETITION TO DISCONTINUE CUSTODY TRIAL
AND MAKE TEMPORARY AWARD FINAL
AND NOW, comes Plaintiff, William Marchesano, by and through his counsel,
Michael O. Palermo, Jr., Esquire and in support of his Motion to Discontinue Custody
Trial and Make Temporary Award Final, avers as follows:
1. There is a Custody hearing scheduled for February 26, 2007, in front of the
Honorable M. L. Ebert, Jr.
2. Undersigned counsel has been contacted by Defendant via facsimile asking
to discontinue this custody action. Said transmission is attached as "Exhibit
A".
3. Additionally, Defendant, Tracey Robinson, has not completed the
psychological evaluation which was ordered by this Court and as such all
relevant facts will not be before the tribunal.
4. Defendant's Attorney Edward J. Mimnaugh has presented undersigned
counsel with a Praecipe to Withdraw as Counsel in the above docketed case.
Said Praecipe is attached as "Exhibit B".
5. At this time, the Temporary Order, grants primary physical custody in Plaintiff
subject to Defendant's visitation rights.
6. Plaintiff requests this Order be made Final to cure any discrepancies and so
that the Carlisle Area School District may rely upon a Final Order of court as
opposed to one that is temporary in nature.
WHEREFORE, Petitioner/Plaintiff requests this Honorable Court discontinue the
Custody Hearing now scheduled for February 26, 2007 at 9:00 a.m. before the
Honorable M.L. Ebert, Jr. and make the Temporary Order of September 12,
2006, a Final Order of Court.
Respectfully submitted,
Date: ~- ?3-o1-
ROMINGER & WHARE
-~4~
Michael O. Palermo, Jr., squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court 10 # 81924
Attorney for Plaintiff
WILLIAM MARCHESANO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRACEY ROBINSON,
Defendant
CIVIL ACTION - LAW
NO. 98-0502 CIVIL TERM
CUSTODY
CERTIFICATE OF SERVICE
I, Michaela. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I
this day served a copy of the Motion to Discontinue Custody Trial and make
Temporary Order Final upon the following by faxing and depositing the same in the
United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as
follows:
Edward J. Mimnaugh, Esquire
203 West Caracas Avenue
Suite 201
Hershey, PA 17033
Mark F. Bayley, Esquire
57 West Pomfret Street
Carlisle, PA 17013
Dated: ~) 2- ") / b 1-
Respectfully submitted,
ROMINGER & WHARE
Michaela. alerm, ., squire
155 South Hanover Stre
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
JOHN L PAT
717-766-4688
p.2
. page .L OI L
john-patc:arey@peoplepc.com
From:
To:
Sent:
Subject:
Dear Michael O. Palermo, Jr., Esquire
I Tracey R Robinson would like to respectfully request that the scheduled custody
hearing for Feb 26t 2006 BE DROPPED.
I have already express to Mr. and Mrs. William Marchesano that they may have
physical custody of our 10 year old son Rhyn W. Machesano.
I no longer wish to keep fighting over Rhyn W. Marchesano, it isn't getting any
of the parties anywhere and it is hurting my child in the process.
As of today 1 have dropped my counsel Mr. Eddie J. Mimnagh., Esquire I am with
out legal representation.
I just want what is best for Rhyn W. Marchesano and right now by allowing
Rhyn. W. Marchesano to live with his biological father William R. Marchesano and his
wife Tina Marchesano, is the best thing I can do for the love ofRhyn W. Marchesano.
He is in a stable environment, doing better in school then he bas done in the past.
Rhyn W. Marchesano is a special needy child and right now his needs are being
meet and Rhyn W. Marchesano is being well taken care of by Mr. and Mrs. William R.
Marchesano.
Rhyn W. Marchesano is all I care about not this hearing.
Please feel free to contact me for any reason.
Sincerely
Tracey R Robinson
335 Market Street Apt 5H
Harrisburg, PAl 71 01
717-234-5068 home
CCI Judge, M. L. Ebert, Jr.
155 South Hanover Street
Carlisle. P A 17013
Office 717-241-6070
Fax 717-241-6878
CCI Eddie J. Mimnagh-Esquire
203 West Caracas A venue
Suite 201
Hershey, PA 17033-1567
Office 717-534-2600
Fax 717-534-1344
CCI Mark F. Bayley, Esquire
57 West Pomfret Street
~ PETITIONER'S
~ EXHIBIT
w
!:c Ii
~
~~ .
JOHN .. PAT
717-766-4688
Carlisle, PA 17013
CCI Mr. and Mrs. William R. Marchesano
154 North Pitt Street
Carlisle, P A 17013
p.3
~age L. OL L.
TRACEY R. ROBINSON,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-502 CIVIL TERM
WILLIAM R. MARCHESANO,
Defendant
: CIVILATION-LAW
: IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this _ day of January, 2007, a Rule is hereby issued upon both
parties to show cause why the attached Petition for Leave of Court to Withdraw as
Counsel for Plaintiff, Tracey R. Robinson, should not be granted.
This Rule is returnable _ days from the date of service.
BY THE COURT:
J.
~ PETITIONER'S
ffi EXHIBIT
..J
ij 6
~
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-502 CIVIL TERM
TRACEY R. ROBINSON,
Plaintiff
WILLIAM R. MARCHESANO,
Defendant
: CIVILATION-LAW
: IN CUSTODY
PETITION FOR LEAVE OF COURT TO WITHDRAW
AS COUNSEL FOR PLAINTIFF. TRACEY R. ROBINSON.
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1012
To the Honorable Judges of Said Court:
AND NOW, comes the Petitioner, Edward J. Mimnagh, Esquire, and in support of
his Petition for Leave of Court to Withdraw as Counsel for Plaintiff, Tracey R. Robinson,
pursuant to Pennsylvania Rule of Civil Procedure 1012, respectfully represents as
follows:
1. Petitioner is Edward J. Mimnagh, Esquire, an attorney with offices located
at 203 West Caracas Avenue, Hershey, Dauphin County, Pennsylvania 17033.
2. Respondent is Tracey R. Robinson who resides at 335 Market Street,
Apartment 5-H, Harrisburg, Dauphin County, Pennsylvania 17101.
3. Petitioner was retained by Respondent on or about July 20, 2006 to
represent her in connection with the above-captioned matter.
4. In attempting to vigorously and competently represent Respondent, the
Petitioner has been increasingly hampered by Respondent's refusal to accept the
Petitioner's professional advice and by Respondent's unwillingness to cooperate with
his counsel.
5. Despite repeated efforts to do so, Petitioner has been unable to
meaningfully and effectively communicate with Respondent or to succeed in persuading
him to view these matters in a more reasonable fashion in accordance with the laws of
this Commonwealth.
6. Respondent has repeatedly insisted upon pursuing matters and strategies
which Petitioner has advised her are imprudent and contrary to her best interests.
7. Petitioner has, at all times, attempted to represent Respondent effectively
and vigorously to the best of his ability, but it has become impossible for Petitioner to do
so.
8. Effective January 17, 2007, Respondent has advised Petitioner that she
no longer desires his representation. See Respondent's correspondence dated January
17,2007, and attached hereto as Exhibit "A".
9. Petitioner asks to withdraw his appearance for Tracey R. Robinson
because, inter alia:
a. There appears to be a serious failure to communicate
between Respondent and Petitioner such that Respondent insists
upon pursuing an objective that Petitioner considers imprudent;
b. Respondent had indicated she no longer desires to
have Petitioner represent her in this matter; and
c. Continued representation will place an unreasonable
financial burden on Petitioner given Respondent desire to have
counsel so removed.
WHEREFORE, Petitioner respectfully requests that his appearance be withdrawn
for Respondent and that he be removed from the docket as the attorney of record for
Tracey R. Robinson.
Date:
Feb. 10 2007
,I
By:
s
203 W st Caracas Avenue
Hershey, Pennsylvania 17033
Telephone: (717) 534-2600
EXHIBIT A
-
JOHN 8. PAT
717-766-4688
p.2
page 1 or L.
john-patcarey@peoplepc.com
From:
To:
Sent:
Subject:
Dear Michael O. Palermo, Jr., Esquire
I Tracey R Robinson would like to respectfully request that the scheduled custody
hearing for Feb 26, 2006 BE DROPPED.
I have already express to Mr. and Mrs. William Marchesano that they may have
physical custody of our 10 year old son Rhyn W. Machesano.
I no longer wish to keep fighting over Rhyn W. Marchesano, it isn't getting any
of the parties anywhere and it is hurting my child in the process.
As of today I have dropped my counsel Mr. Eddie J. Mimnagh., Esquire I am with
out legal representation.
I just want what is best for Rhyn W. Marchesano and right now by allowing
Rhyn. W. Marchesano to live with his biological father William R. Marchesano and his
wife Tina Marchesano, is the best thing 1 can do for the love ofRhyn W. Marchesano.
He is in a stable environment, doing better in school then he has done in the past.
Rhyn W. Marchesano is a special needy child and right now his needs are being
meet and Rhyn W. Marchesano is being well taken care ofhy Mr. and Mrs. William R.
Marchesano.
Rhyn W. Marchesano is all I care about not this hearing.
Please feel free to contact me for any reason.
Sincerely
Tracey R Robinson
335 Market Street Apt 5H
Harrisburg, PAl 71 0 1
717-234-5068 home
CCI Judge, M. L. Ebert, Jr.
155 South Hanover Street
Carlisle, PA 17013
Office 717-241-6070
Fax 717-241-6878
CCI Eddie J. Mimnagh-Esquire
203 West Caracas Avenue
Suite 201
Hershey, P A 17033-1567
Office 717-534-2600
Fax 717-534-1344
eCI Mark F. Bayley, Esquire
57 West Pomfret Street
1 11, I')()(),
JOHN & PAT
717-766-4688 p.3
Fa g'e---z 0 I L
..
Carlisle, PA 17013
CCI Mr. and Mrs. William R. Marchesano
154 North Pitt Street
Carlisle, PA 17013
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TRACEY R. ROBINSON,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-0502 CIVIL
V.
CIVIL ACTION - LAW
WILLIAM R. MARCHESANO,
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 26th day of February, 2007, upon consideration of the Petition to
Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND
DIRECTED that:
1. A Rule is issued upon the Parties to show cause why the Petitioner should not
be granted permission to withdraw as counsel of record;
2. The Parties will file an answer on or before March 19, 2007;
3, If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and
the answer raises disputed issues of material fact, an evidentiary hearing will then be
scheduled. The Prothonotary is directed to forward said Answer to this Court.
4. Notice of entry of this order shall be provided to all Parties by the Petitioner.
By the Court,
bas
J,
~ward J. Mimnagh, Esquire
Petitioner
~~cey R. Robinson ~
~chael o. Palermo, Jr., Esquire
Attorney for William Marchesano
Vi i\1tfA'lASi'~ f\l.:Jd
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WILLIAM MARCHESANO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
TRACEY ROBINSON,
Defendant
CIVIL ACTION - LAW
NO. 98-0502
IN CUSTODY
ORDER
th
AND NOW, this ~ day of f e..~rvtt..('1 ,2007, it is hereby
ORDERED & DIRECTED that the Custody Hearing now scheduled for February 26,
2007 at 9:00 a.m. is discontinued and additionally, the Temporary Custody Order of
September 12, 2006, is made a FINAL ORDER of COURT.
BY THE COURT,
Distribution:
~ward Mimnaugh, Esquire, for Defendant/Respondent
~hael O. Palermo, Jr., Esquire for Plaintiff/Petitioner
'-i U~
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J.
~rk F. Bayley, Esquire, Guardian Ad Litem
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