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Home My WebLink About98-00631 " ~ ~ ~ ~ '~ ' ~ " ~ ~ ~, ,'~ " i "I II: " / / I '!: {' . ( \. , ~ " _I , . .;:) .... '-.J - ~ -...j \ c..... ~ ~ , ,~ ~ c.,~ DOMINICK NARDONE, PlaintitT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, 98. lo 31 CML TERM CML ACTION - CUSTODY v, GAEL NARDONE, Defendant COMPUUNT FOR CUSTODY 1. PlaintitT is Dominick Nardone, an adult individual whose residence is at 16 North Thrush Drive, Carlisle, Cumberland County, Pennsylvania. 2, Defendant is Gael Nardone, an adult individual whose residence is at 2 Peach Court, Gardners, Cumberland County, Pennsylvania. 3, PlaintitT seeks custody of his children, Amber Lee Nardone, date of birth February 9, 1986; Mario Michael Nardone, date of birth June 10, 1990; Vincent John Nlil'done, date of birth May 15, 1993; and Dominick Giovanni Nardone, date of birth October 25, 1996" currently residing at 2 Peach Court, Gardners, Cumberland County, Pennsylvania. 4, The children are presently in the custody of Defendant, 5, Since the children's birth, the children have resided with the following over the past five years: Name Address Date Mother 2 Peach Court Gardners, P A December, 1997 to Present Father & Mother 2 Peach Court Gardners, PA February, 1996 to December, 1997 Father & Mother 54 Chestnut Ridge Road Gardners, PA August, 1994 to February, 1996 1992 to August, 1994 Father & Mother Galeton, P A 6, The natural mother of the child is Gael Nardone, 7, The natural father of the child is Dominick Nardone, 8, The relationship of the Plaintiff to the ehild is that of natural fat.her, .,~. DOMINICK NARDONE, Petitioner, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 98. (tJ31 : IN CUSTODY CML TERM GAEL NARDONE, Respondent PETITION FOR SPECIAL RELIEF The Petitioner, Dominick Nardone, by and through his attorney, Mall MeClenahen ofTuro Law Offices, avers as follows: 1, The Petitioner, Dominick Nardone, hereinafter referred to as Father, is currently residing with his mother-in-law at 16 North Thrush Drive, Carlisle, Cumberland County, Pennsylvania 2, The Respondent, Gael Nardone, hereinafter referred to as Mother, currently resides in the marital home with the parties' four minor children at 2 Peach Court, Gardners, Cumberland County, Pennsylvania. 3, The parties are the parents of the following minor children: Amber Lee Nardone, dalt~ of birth February 9, 1986; Mario Michael Nardone, date of birth June 10, 1990; Vincent John Nardone, date of birth May 15, 1993; and Dominick Giovanni Nardone, date of birth October 25, 1996, 4, There is no custody order concerning the children, and there has been no previous litigation concerning the custody of the children, 5, The parties have lived separate and apart since the middle of December, 1997, but they are currently participating in marriage counseling, 6, Father suspected that Mother had begun a cyber romance with a man named Patrick, whom she met over America Online, 7. Patrick lives in the State of Washington, and sent Mother job advertisementa from Washington newspapers, so that she could get a job so that she could relocate to Washington, 8, Father entered Mother's e-mail account and read e-mail sent to Patrick on February 2, 1998, A true and correct copy of this e-mail is attached to this Petition, DOMINICK NARDONE, Petitioner, : IN THE COURT OF' COMMON PLEAS OF :CUMBERLANDCOUNTY,PENNSYLVANlA v, : NO, 98- 03 ( : IN CUSTODY CIVIL TERM GAEL NARDONE, Respondent PETITION FOR SPECIAL RELIEF The Petitioner, Dominick Nardone, by and through his attorney, Matt McClenahen of Turo Law Offices, avers as follows: 1, The Petitioner, Dominick Nardone, hereinafter referred to as Father, is currently residing with his mother.in-law at 16 North Throsh Drive, Carlisle, Cumberland County, Pennsylvania. 2, The Respondent, Gael Nardone, hereinafter referred to as Mother, currently resides in the marital home with the parties' four minor children at 2 Peach Court, Gardners, Cumberland County, Pennsylvania. 3, The parties are the parents of the following minor children: Amber Lee Nardone, date of birth February 9, 1986; Mario Michael Nardone, date of birth June 10, 1990; Vincent John Nardone, date of birth May 15, 1993; and Dominick Giovanni Nardone, date of birth October 25, 1996, 4, There is no custody order concerning the children, and there has been no previous litigation concerning the custody of the children, 5, The parties have lived separate and apart since the middle of December, 1997, but they are currently participating in marriage counseling, 6, Father suspected that Mother had begun a cyber romance with a man named Patrick, whom she met over America Online, 7, Patrick lives in the State of Washington, and sent Mother job advertisements from Washington newspapers, so that she could get a job so that she could relocate to Washington, 8, Father entered Mother's e-mail account and read e-mail sent to Patrick on February 2, 1998, A true and correct copy of this e-mail is attached to this Petition, \.i .. 9, In the e.maiI, Mother mentions plans to move to Washington to be with Patrick. " 10, After reading the e-mail, Father confronted Mother with her plans to move to /,' ';1 ) I: Washington, and she stated that the move was to occur In the near future, 11, Mother stated that she would not move anywhere without the parties' children, causing Father to fear that she would take the children to Washington, 12, Father prays for the relief requested because he fears being denied contact with his children should Mother take them to Washington, and he is concerned a custody battle would be costly and Inconvenient if the parties are separated by such a great distance, WHEREFORE, Father requests that this Honorable Court enter an Order prohibiting Mother from removing the children from the Commonwealth of Pennsylvania without further leave of Court, Respectfully submitted, TURO LAW OFFICES Fe s '3, / 7. 1& Date ' (Vlt) H (t1 c (&.-,~ ~ Matt McClenahen, Esquire 32 South Bedford Street Carlisle, P A 17013 (717) 245-9688 Attorney for Petitioner Subjl Date: Froml TOI Fwd 1 ack 98-02-02 16:44107 EST GNardone JUNK5707 Print this and bring it to work for me, Thanks, Dom ----------------- Forwarded Messagel Subjl ack Date: 98-02-02 07:09112 EST From: GNardone To: MilerKoB I am soooo tired am half tempted to call in sick again today can't do that My friend got the job in Oregon I I Email sitting here wa1ting on me chis morning, , , , now tell me you don't find that weird, , , I make a huge decision to go to WA and she lees me know (the same day) that she is going to Oregon?????? I know you don't believe in that stuff , , , Gotta finish drying my hair and getting dressed , , Patrick, . . , I am really scared abouc this move. .. and I mean REALLY REALLY scared, I love you more than anything (except my kids. ,. you are even with them, diferent kind of love) it is just a huge step '" Geez, I love you and want you and don't ever want to be without you. " then why am I scared to death?????????? i , I Talk to you when you get home LOVE YOU, Love, me Office #(717) 234-3281 Cell # (717) 512-0829 , , , (still debating abouc going in, vin won't get up and Giovanni is still sleeping too) ah , ,. here's vin now. . . guess I am going in 8-( ,~ I I i ' I i~' ~ ' 1 :i (j ..r') 0 .") -0'\ ( , . -n -'-'\ ~-"' ~ -q I " J ' ;'r- ""'9 I "',\. c...) " , "''.:l ::\'-., OO,J .,.~..n ;,.) . - ~ III : ( ',- ~ ~~ , -,.,~ ~......' ~q ..-j (Ji -<. ". DOMINICK NARDONE, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, 98- lo 31 CML TERM CML ACTION - CUSTODY v, GAEL NARDONE, Defendant COMPLMNTFORCUSTODY 1. Plaintiff is Dominick Nardone, an adult individual whose residence is at 16 North Thrush Drive, Carlisle, Cumberland County, Pennsylvania. 2, Defendant is Gael Nardone, an adult individual whose residence is at 2 Peach Court, Gardners, Cumberland County, Pennsylvania, 3. Plaintiff seeks custody of his children, Amber Lee Nardone, date of birth February 9,1986; Mario Michael Nardone, date of birth June 10, 1990; Vincent John Nardone, date of birth May 15, 1993; and Dominick Giovanni Nardone, date of birth October 25, 1996" currently residing at 2 Peach Court, Gardners, Cumberland County, Pennsylvania, 4, The children are presently in the custody of Defendant, 5, Since the children's birth, the children have resided with the following over the past five years: Name Address Date Mother 2 Peach Court Gardners, P A December, 1997 to Present Father & Mother 2 Peach Court Gardners, P A February, 1996 to December, 1997 Father & Mother 54 Chestnut Ridge Road Gardners, P A August, 1994 to February, 1996 Father & Mother Galeton, P A 1992 to August, 1994 6, The natural mother of the child is Gael Nardone, 7, The natural father of the child is Dominick Nardone, 8, The relationship of the Plaintiff to the child is that of natural father, VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct, I understand that false statements made herein are subject to the penalties of 18 P A C.B, 4904 relating to unsworn falsification to authorities, -<'-j'-'JFt' Date /i~ .o;;~/~~~ Dominick Nardone I ,~ " Lr') () r:. :;.> -01 -;:1 -" I r~\ * U,;" :..".J ..Ii;'] , I 00':3 ""J:; ~, ~ ....;' c..."'l ',':1.- ,''} , .. :-.,(~ tl:. li D 0-0 ".., o -,~ '~\ :.'"J 0- .",(') . :,:/" b ."~ I. .. f }- ,,' ::i (J1 :'~ i ,....' "r; (,) -=< ,S:J 0 lY =:;- , :::11 EI': 1 IT leCTln::i UtlT l,iF cnUIIT)' CASE liD: 199[1'001.;,31 P COtIJ10NWEAL TH OF "EIIN::;Yl.VA/lI A: COUNTY OF CUMBERLAND NARDONE DOMINICK VS, NARDONE GAEL R, Thomas lOin., . Sheriff. who being duly sworn according and inquiry for the within to law, says, that he made a diligent search named defendan t, to wi t : NARDONE GAEL but was unable to locate HE.))- in his bailiwick, HE' therefore dE'putized the sheriff of DAUPHIN to serve the within COMPLAINT - CUSTODY County, Pennsylvania, ~ . On February leith, 19913 the attached return from DAUPHIN this offic~ was in receipt ox County, Pennsylvania, Sheriff's Cosls: Docl~"'ting Out of County Surcharge Dauphin County 18,00 9,00 2,00 25.50 S~4,~0 MATT MCCLENAHE/I (~2/ 10/ 1998 Sworn and SUbscrib"~dto beiore me this LQ day of .1-- -, - -,- - 19_~_~_ A, (I, ' ~~- In The Court ofConlllloll Ple:Js ofClIlI1bel'l:Jlld County, Pennsylyanla , DOMINICK NARDONE VS, GAEL NARDONE, AT: C/lULKINS (, CAMPtJ!':I.J., 223 N, r"/lON'I' STIIE!':T, IfArllllAI3U/lG PA, "-=1101 /ORDER OF COUR'r AND PETITION FO/l SPEC'AI, /lEldEI" No, 90-631 CIVIL 19_ Now, 2/4/90 DAUPHIN 19_, [SHERIFF OF CUi\1DERLAND COUNTY, p,\ do h~reb)' depullze the Sheriff of County to execute this Wrlt,thls deputation b~lng Illude ot Ih~ request ond rlsl, of Ihe Plolnllff, r~~~<~f;r<_t SherlffnfCnlllherlond Counl), I'll, Affidavit of SCl'vice Now, wilhin upon 01 h)' handing to OllCsted copy of the original the contents Ihereof, 19 . lie o'clock i\I, served Ihe U Irue and und mode known 10 So answers, Sh~rlff of Counl)', Po, COSTS Sworn and subscribed before m.lhis day of S"IWICE I\lfLE.\GE ""''''IIl,\ \'IT s 19_ s -- ... ~AR 0 4 1998 DOMINICK NARDONE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : V :CIVIL ACTION - LAW GAEL NARDONE, Defendant , . :NO: 98-631 CIVIL TERM : IN CUSTODY COURT ORDER . ll.. t1 AND NOW, this l/f... day of VV\DLJ.::::: , 1998, consideration of the attached Custody Conciliation Report, ordered and directed as follows: upon it is 1. This Court's prior Order of February 3, 1998, is vacated. 2. The Father, Dominick Nardone, and the Mother, Gael Nardone, shall enjoy shared legal custody of Amber Lee Nardone, born February 9, 1986; Mario Michael Nardone, born June 10, 1990; Vincent John Nardone, born May 13, 1993; and Dominick Giovanni Nardone, born October 25, 1996. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy liberal periods of temporary physical custody as arranged with the Mother. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference, In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator, 6, Nei ther parent shall relocate out of the Commonwealth of Pennsylvania without first seeking a modification of this Order either by agreement of the other party or by Court Order. BY THE C?URT ,~\ ;:;1 /,' ' co: Matt McC1enahen, Esquire James K, Jones, Esquire - Edgar B, I'~~~ ~ 3/5/98' IJ-- /....&.!f. J, ,t'n , . II ~:'i' '-: " l"~::'~'l;l-~~~ (:: "l (',') ,,- '., loll '... ':1,;1\ t'il "... CtJ:';'. I 'l:~ i"t " , " "oil'" 'Ii ......f ,,,,. ~~ ;, ,~ . "" \/. " ..'...,',( , ;/1\ OiJ [1EI~ I U hi I?: ?8 CUI\:'::.;I~i. '" :; :j,JLJN fV PENNSYl.VANIA /J'/f'{):J ad. (~;'/WI~ z ~ Ck~ /~;/f 't?cJ 10/#, M';'~ 20 ~. ~ /.2 '/ht'Jo t'~ r/ttaY .:.... ?y. '~)'7 ~. IN Tim Couln OF COMMON I'LEAS FOI{ TilE NINTII ,IUIHCIAL IHSTRICT, ClIMU..:IU.AND COUNTY, l'ENNSYI,vANIA nOMINICK NAlmoNE PllIintiff/ Petilioner, No, ')8-63' CIVIL TERM v, GAEL NARDONE Defcndantl Respondent CustodylVisitation Petilionto Modi'y ORDER AND NOW, Upon consideration of the altaehed Complainl, it is hcreby directed lhatthe parlies and their respective eounseluppear before the Cuslody Coneilialor Esquire, on the day of ,20_al .m, at lhe following loealion, for a Pre-Hearing Custody Conference, At such Conference, an effort will be mllde to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the Court, and 10 enler into a Temporary Order, All ehildrenuge live or older may u'so be present ul the Conference upon request of either purty, Fuilure to appeur althe Conference muy provide grounds for enlry of u temporury or pel11ll1nent Order, FOR TIlE COURT Date: Custody Conference Officer 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, Cumberlund County Bur Assoeiulion 2 Liberty A venue Curlisle, P A 17013 (717) 24')-3166 I.UIY Ofliees of Iluzletl & Oesterling 2lJ Sonlh Murkel Streel Meehunieshurg,l'^ 17lJ55 (717).791l.lJ49lJ IN THE couln OF COMMON PLEAS FOI{ THE NINTH ,JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA DOMINICK NAIUlONE Pluintiff / Petitioner, No, 98.63 I CIVIl. TERM v, GAEL NARDONE Defendant / Respondent CustodyNisitation PClition to Modify PETITION TO MODIFY AN EXISTING ORDER OF CHILD CUSTODY I. Petilioner is Dominick Nardone, Plainliffin Ihc underlying aClion, 2, Respondenl is Gael Nardone, Defendanl in Ihe undcrlying aClion, 3, On March 4, 1998, Ihe Honorable Judge Edgar B. Bayley enlered an Order awarding primary physical custody 10 Respondenl and partial custody to Pelilioner, A copy of said order is allached hereto as Exhibil "A" 4. Since Ihe entry of said Order, Ihere has been a significanl change in circumslances for Ihe following reasons as hereinafter oUllined: (a) Pelilioner believes and Iherefore avers Ihat Ihe children are in an unsafe environmenl in Ihal Ihey have been neglecled, left wilhoul adequale supervision, (b) Pelitioner believes and Iherefore avers thai at leasl one of the children may have been exposed to inappropriate and or potentially criminal conduc1 by Respondent (c) Pelilioner believes 111111 he is able 10 offer a safe living environmenl wilh more adul1 supervision for Ihe children, \ , I j DOMINICK NARDONE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA , , V :CIVIL ACTION - LAW : GAEL NARDONE, Defendant :NO: 98-631 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this r.+A day of -rn~ , 1998, upon consideration of the attached Custcdy Conciliation Report, it is ordered and directed as follows: 1, This Court's prior Order of February 3, 1998, is vacated, 2, The Father, Dominick Nardone, and the Mother, Gael Nardone, shall enjoy shared legal custody of Amber Lee Nardone, born February 9, 1986; Mario Michael Nardone, born June 10, 1990; Vincent John Nardone, born May 13, 1993; and Dominick Giovanni Nardone, born October 25, 1996, 3, The Mother shall enjoy primary physical custody of the minor children, 4, The Father shall enjoy liberal periods of temporary physical custody as arranged with the Mother, 5, This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference, In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator, 6, Neither parent shall relocate out of the Commonwealth of Pennsylvania without first seeking a modification of this Order either by agreement of the other party or by Court Order, BY THE COURT, E~;~r ~~~l~ ~~ J, cc: Matt McClenahen, Esquire T;(',!:: C:::;:-Y FROM RECORD James K, Jones, Esquire Ir - ,",.. -:-::~, i here unto ~~t 11Y hand ar.d t:~_. ;.~: ;~ :u..J Court at Cariisle, P30 ThiS.....':t:,!.? da~ Of,....,~!!I,~..i 19..7.t.: EXHIBIT "A" ...,..,....,_?~h~..~p;~ih~~r~...;'..- " YERIFICATION I verily Ihul uJlon Jlersonul knowledge or informulion und belief Ihol the statements mode in Ihis Pctition, ore true und correct. lunderstund Ihut fulse stulemenls herein ore mude subjecllo the pcnol1ics of 18 Po,C,S, ~ 4904, reluting 10 unsworn fulsilieution to uuthorilies, ~~j; /l~ Datc: .JIIN .. H ,'1I11~ I v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 98 - 0631 CIVIL IN CUSTODY 1 DOMINICK NARDONE, PlninlifT GAEL NARDONE, Defendant ;' ... I COURT ORDER I < I I.t t} AND NOW, this r day of January, 2001, the Conciliator being advised that the Petitioner desires to withdraw the Petilion to ModifY an Existing Cus10dy Order, the Conciliator relinquishes jurisdiction, CJjfJJ BY THE COURT, Hubert X, Gilroy, quire Custody Conciliator , ,I , , ( f \