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PLAINTIFPS
EXHIBIT
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVIL TERM
AND NOW, this
ORDER OF COURT
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day of January, 2002, IT IS ORDERED:
(1) The interim order of October 31,2001, IS VACATED.
(2) The custody order of March 27, 2001, is modified as follows:
(a) The mother, Linda N. Malone, shall have primary physical custody of
J. Adam Malone, Benjamin M. Malone and Nicholas L. Malone. The
father shall have primary physical custody of James C. Malone.
(b) The father's weekend partial custodial time with the three youngest
children shall be from 8:00 a:m. until 8:00 p.m. Saturday, and 8:00 a.m.
until 7:00 p.m. Sunday of his custodial weekend.
(c) The mother shall participate in family counseling with James C.
Malone.
(d) The parties shall participate in co-parent counseling for a minimum of
eight sessions with the goal of improving parental communication and
cooperation in the parenting of their children.
(e) In the event that father is thirty minutes or more late for a period of
partial custody, the mother shall be free to make other plans with the
children without the necessity of waiting for father beyond that period time.
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(3) All other provisions of the order of March 27, 2001, not inconsistent with this
order, shall remain in full force and effect.
/Oennis J. Shatto, Esquire /"
For Plaintiff ~ ~
vChristopher J. Malone, Pro se t .[()c f{VS
212 S. Front Street D/ -Qt{-O",z l I,
Wormleysburg, PA 17043
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. CUMBERLAND COUNTY JUVENILE PROBATION DEPARTMENT
1 Courthouse Square, Room 300, Carlisle, Pennsylvania 17013
Phone: 717-240-6265, Fax: 717-240-7880
RULES OF PROBA nON. CONTINUANCE. OR
AFTERCARE SUPERVISION
Client's Name: Meh";""f t.ee /14rl--/C.i/l" File #: T-8{.,o8 Docket #: ,,-
Address: . 7/t: $0>:'/"-<. ~
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Probation Officer: 52'0 'TT .5./;e 4 ~ yNe I
Current Charge(s): /Nr-I-, C'c.~! t/~.f"-'" Mlj.'.c;,>?-~ """ ,4.14 -;i-." Sf l~o..,,"./ ,dl"--(7i1l
Probation/Supervision Period: 5:'...,0/" ;9!;sAk.F7,J.. ~h~'~~, j;)~?- d--o<-<.-r-
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Having been placed on Official Probation, Continuance or Aftercare Supervision by the
Juvenile Court, you are now advised that you must abide by the following rules and
conditions (regarding community protection, offender accountability and competency
development). Should you have any questions regarding these conditions, it is your
responsibility to contact your Probation Officer for chuification.
RULES/CONDITIONS TO PROTECT THE COMMUNITY:
1. Follow all advice andinstructions.fr01Jl your Probation Offi~et.
2. You must reside at the address shown above and may not rri'ove witho,ut first
informing your Probation Officer imd'getting his/her approial. You must always
inform the Probation Department of where you are living. . .
3. You are notto leave Cumberland COl.\llty without the permtssion of your
Probation Officer.
4. You are not to operate a motor vehicle without the permission of the 'Probation
Department.
5. You must follow all laws and local ordinances-Federal, State and Local.
You must contact your Probation Officer if you are charged with a new offense.
6. You may not have a firearm (or any other object that can be used as a weapon) in
your possession while on Probation. You may go hunting with the permission of
your Probation Officer.
7. You agree to a search of your residence, your person, and/or your vehicle, with or
without warrant, by any member of this department as deemed necessary for the
enforcement of your probation.
8. You will abide by the following curfew: Efp"^
(After curfew hours you must be in the company of a parent or a parent"approved
adult. Any exceptions must first be approved by your Probation Officer.)
9. You are subject to being placed on Electronic Monitoring if deemed necessary by
your Probation Officer. Compliance with monitoring schedules will be required.
RULES/CONDITIONS TO HOLD THE OFFENDER ACCOUNTABLE:
11.
You are not to associate with anyone that is on Probation or Parole without the
permission of your Probation Officer.
You are not to use non-prescription drugs and/or alcohol or any prescription drug
not specifically for you. You are subject to random urinalysis.
10.
PLAINTIFPS
EXHIBIT
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12. While on Pro,bation Supervision you are not to possess a beeper or cellular phone
. without the permission of your probation officer. If you are caught with either/or,
they will be confiscated.
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13. You are to report to the Probation Department as directed by your Probation
Officer:
14. Pay costs of$15.00 for each petition when a Consent Decree is entered, or an
Adjudication of delinquency occurs.
15. You must pay the following sums and complete the following community service
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Fine: Costs: CV?:" c:?c/ Restitution: Y,.;2 , 'O~ '~ O'? cJo D
Community Service Hours: c7J::J k<4"->
Payments can be made to: Cumberland County Clerk of Courts Office
1 Courthouse Square, Room 205
Carlisle, P A 17013
RULES/CONDITIONS TO DEVELOP COMPETENCIES OF THE OFFENDER:
16. (If enrolled in school) You must attend school every scheduled day and obey all
rules and regulations of the school and maintain satisfactory academic grades. If
there is a school-based Probation Officer assigned to your school, then you must
comply with the rules/conditions of the School-Based Probation Program.
17. (If enrolled in school) You mav not withdraw from school without prior approval
from your Probation Officer.
18. (If not enrolled in school) You must make every necessary effort to obtain full-
time employment, enroll in an educational program, or a combination of both.
19. You must complete all Court ordered programs (treatment, drug and alcohol
evaluation, mental health counseling, offender's programs, etc.) while on
Probation.
OTHER RULES/CONDITIONS:
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21.
I have read or have had read to me the above rules and conditions of my Probation
Supervision and understand them. I further understand that if I violate any of the above
rules/conditions that I may be scheduled for a Violation of Probation Hearing and/or
placed in secure detention or shelter care pending a hearing.
Note: The Court may, at any time, revoke or modify any or all ofthese conditions.
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MAR 2 6 200tfJ
LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 1.-1 day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, the following Order is entered with regard to the
custody of the parties' Children, James C. Malone, born November 15, 1985; Nicholas L.
Malone, born February 18, 1986; Jay Adam Malone, born November 17, 1988; and Benjamin
M. Malone, born September 17, 1992.
1. Legal Custody. The Mother, Linda N. Malone and the Father, Christopher J.
Malone shall have shared legal custody of the minor children. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of Pa. C. S.95309, each
parent shall be entitled to all records and information pertaining to the Children including, but
not limited to, medical, dental, religious or school records, the residence address of the
Children and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable sue to the other parent.
2. Physical Custody. The Father, Christopher J. Malone, shall have primary physical
custody of James C. Malone and Nicholas L. Malone. The Mother, Linda N. Malone, shall
have primary physical custody of Jay Adam Malone and Benjamin M. Malone.
A. The Father shall have partial physical custody of Jay Adam Malone and
Benjamin M. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
B. The Mother shall have partial physical custody of James C. Malone and
Nicholas L. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
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No. 00-8725
3. The parties are to encourage the Children to go with the other parent for their
custodial visits and shall make arrangements around the Children's extracurricular and other
planned activities, as they presently exist. In the event that the Children want to participate in
additional sports or activities which would interfere with the custodial schedule, the parent shall
discuss this before making arrangements to enroll the Children in another activity. Neither
party shall make plans for activities with and/or for the Children during the other parent's
custodial time. Neither shall the parents discuss any changes in the custodial plan with the
Children prior to the express agreement of the other parent.
4. Vacation. The Mother and Father shall each have a right to two uninterrupted
weeks of vacation with the Children which may be exercised in the summer or during the
school year provided that no school days shall be missed for vacation time. Each parent shall
give the other at least a four-week notice as to the weeks chosen for vacation. In the event
that the parents have chosen vacation time which overlaps or duplicates the other's vacation
schedule, the party first providing written notice to the other parent shall be entitled to use the
week chosen. The parent shall give the other the telephone number and address where the
Children can be reached during vacation time.
5. Each parent shall keep the other informed of his or her current address and
telephone number. In the event of an emergency wherein Father is unable to reach Mother, it
shall be permissible for Father to contact Maternal Grandmother who will assist in making
contact with Mother.
6. The Mother and Father shall notify each other immediately of any medical
emergencies which arise while any Child is in that parent's care. Each parent will notify the
other of medical care received by any Child while in that parent's care.
7. Neither party may do anything which may estrange the Children from either parent
or injure the opinion of the Children as to the other parent or which may hamper the free and
natural development of the Children's love and respect for the other parent.
8. Mother and James shall participate in counseling to assist in the care of the
Mother/Son relationship. Mother shall endeavor to choose a therapist who will participate with
the CHIP health insurance program. Mother will pay and reimburse medical expenses if it is
affordable to her. However, in the event that the unreimbursed portion of this care is not
affordable to Mother, she shall retain the right to petition the Court for contribution from Father.
Both parents will be required to participate and cooperate with the counselor to the extent that
the counselor finds it is necessary for the benefit of the Child and/or Children.
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No. 00-8725
9. Mother shall provide transportation to counseling. In the event that the Child(ren)
are in Father's custody during the period of time when the appointment is scheduled, Father
will make the Child(ren) available for pickup by Mother.
10. Holidays.
A. Easter. Father shall have custody on Easter Sunday 2001 from Noon
until 7:30 p.m. In future years, the parent not having the custodial
weekend shall have custody on Easter for the period of 12 Noon until 7:30
p.m.
B. Memorial Day/Independence Day/Labor Day. The parties shall alternate
Memorial Day, Independence Day and Labor Day. To commence with
Memorial Day 2001, Mother shall have custody for Memorial Day and
Labor Day and Father shall have custody for Independence Day. In even-
numbered years, those holidays shall alternate and Father shall have
Memorial Day and Labor Day and Mother shall have Independence Day.
On the years that Mother has custody on Independence Day or Labor
Day, she shall return the Children to Father in time for fireworks, which
typically begin at 9:00 p.m.
C. Thanksgiving. In odd-numbered years, Mother shall have Thanksgiving
Day and Father shall have the Friday after Thanksgiving. In even-
numbered years, Father shall have Thanksgiving Day and Mother shall
have the Friday after Thanksgiving. The custodial period for these
holidays is 9:00 a.m. to 9:00 p.m.
D. Christmas. Christmas shall be shared on an A1B schedule. Segment A
shall be from December 24th at 6:00 p.m. until December 25th at 2:00 p.m.
Segment B shall be from December 25th at 2:00 p.m. until December 26th
at 1 :00 p.m. In odd-numbered years, Father shall have Segment A and
Mother shall have Segment B. In even-numbered years, Mother shall
have Segment A and Father shall have Segment B.
11. The Mother and Father, by mutual agreement, may vary this schedule at any time.
However, the Order shall remain in effect until further Order of Court.
12. In the event that either party is unavailable to provide for the care of the Children
during his or her period of custody, that party shall make a reasonable effort to contact the
other parent to offer the parent the opportunity to provide the care for the Children before
contacting third-party care givers.
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No. 00-8725
Edgar B. Bayley, J.
Dis!: Ann E. Rhoads, Esquire, 111 Locust Street, Harrisburg, PA 17108
Joan Carey, Esquire, and David Lopez Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
James C. Malone
Nicholas L. Malone
Jay Adam Malone
Benjamin M. Malone
November 15, 1985
February 18, 1986
November 17,1988
September 17, 1992
Father
Father
Mother
Mother
2. A second Custody Conciliation Conference was held on March 19, 2001, with the
following individuals in attendance: the Mother, Linda N. Malone, and her counsel, Ann E.
Rhoads, Esquire; the Father, Christopher J. Malone, and his counsel, Joan Carey, Esquire,
and David Lopez, Esquire.
3. The parties reached an agreement in the form of an Order as attached.
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Melissa Peel Greevy, Esquire
Custody Conciliator
Date
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MAR 2 8 2002 )>
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725 CIVIL TERM
LINDA N. MALONE,
v.
CIVIL ACTION - LAW
CHRISTOPHER J. MALONE,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this A,nd day of J},11f\'\ ,2002, upon consideration of
the attached Custody Conciliation Summary Report, and it appearing that the parties are in,i
need of a hearing, the following Order is entered:
A hearing is scheduled in Courtroom NO.2 of the Cumberland County Courthouse,
on the /~tJt day of ~ , 2002, at tJ..O..- o'clock ---.t.M., at which time
testimony will be taken. ~ofthe hearing, the Mother, Linda N. Malone, shall
be deemed to be the moving party and shall proceed initially with testimony.c Counsel for
the parties or the parties pro se shall file with the Court and opposing counsel/party a
memorandum setting forth each party's position on custody, a list of witnesses who are
expected to testify at the hearing, and a summary of the anticipated testimony of each
witness. These memoranda shall be filed at least ten (10) days prior to hearing date.
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Dis!.: Dennis J. Shatto, Esquire, 119 Locust Street, PO Box 11847, Harrisburg, PA 17108-1847 ~ ~ tf!~O.J.'o)...:,j
Christopher J. Malone, 212 South Front Street, Wormleysburg, PA 17043 g ~,;,;,
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MAR 28 2002 Y
LINDA N. MALONE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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Plaintiff
NO. 00-8725 CIVIL TERM
v.
CIVIL ACTION - LAW
CHRISTOPHER J. MALONE,
IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
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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 children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
James C. Malone
Nicholas L. Malone
J. Adam Malone
Benjamin M. Malone
November 15, 1985
February 18, 1986
November 17,1988
September 17, 1992
Father
Mother
Mother
Mother
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2. A Custody Conciliation Conference was held on March 11, 2002 pursuant to
Mother's February 11, 2002 Petition for Contempt. Attending the conference were the
Mother, Linda N. Malone, and her counsel, Dennis J. Shatto, Esquire; the Father,
Christopher J. Malone, appeared pro se. In her Petition, Mother alleges that Father has
refused to return Nicholas to her custody without regard to the present Custody Order of
January 3, 2002. She further alleges that Father has failed to follow the Order, taken the
child outside of times permitted under the Order and has encouraged him to be '"
uncooperative with disciplinary matters and criminal matters pursued as a result of the
child's conduct at school. Mother further alleges that Father has withheld detention notices
with regard to Nicholas, failed to participate in counseling as ordered, has told the younger
children that Mother will not allow cO]1tact with him and that they can run away to live with
him once they become 14 years of age. Mother additionally alleged that Father has failed to
shared information with regard to the parties' older child, James, regarding school arrests
and probationary issues. In her Petition, Mother seeks to have physical custody of I"
Nicholas back with her but seeks no other relief. '
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Father reports that Nicholas has been living with him since February 3, 2002 and that
he has attempted to return him to his Mother on a number of occasions. However, Father
believes Nicholas should live with him and claims that Nicholas does not want to live with
his Mother. He acknowledges that Nicholas is having problems in school which he
attributes in part at least to the conflict between the parents. Additionally, Father
acknowledges that he told the child not to report to the school officials the other people that
were involved in the incident in which Nicholas was alleged to have stolen clothing from the
school locker room during a sporting event. Father is presently serving 30 days to 23
months work release for an assault conviction. Therefore, at this time, even if the Court
would change the custodial Order such that Nicholas would be allowed to live with Father,
Father is at work during the day and presumably incarcerated in the evenings. Father has
declined to participate in counseling because he claims he cannot afford his share of the co-
pay at each session. His share would be $25.00. Father has been off work for back
surgery from the period of October 15, 2001 through January 31,2002. He is serving a
work release sentence and has recently been attempting to catch upon the bills that
accumulated during the period of his medical recovery.
3. Father refuses to return Nicholas to the care of his Mother despite the present
Order of Court and the fact that he is serving work release time. Father insists upon a
hearing before the Court. It is noted that this matter was referred to the Court for a January
2002 hearing. Father declined to attend because he was unhappy with the Conciliator's
recommendation that Nicholas needed to live with his Mother. Therefore, the matter will be
once again referred to Judge Bayley to address this matter.
4. Additionally, the Conciliator will attempt to see whether there might be some
in-home counseling services available through Children & Youth for his family. Nicholas
certainly appears to be at risk in that he is doing poorly in school, in trouble for a recent
theft, may be in danger of being expelled and is certainly in t conflict with the adults
who are responsible for his parenting.
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Date
elissa Peel Greevy, Esqu' e
Custody Conciliator
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725 CIVIL TERM
CHRISTOPHER J. MALONE,
Defendant
PLAINTIFF'S PRE-HEARING MEMORANDUM
AND NOW, comes the Plaintiff, by and through her attorneys,
Cleckner and Fearen and in compliance with the Order of Court dated
March 17, 2004, states as follows:
I. PLAINTIFF'S POSITION ON CONTEMPT
On February 11, 2002, Plaintiff filed a petition for Contempt.
After a conciliation conference on March 11, 2002, the matter was
referred to Your Honorable Court for a hearing. That petition was
filed because of Plaintiff's belief that Defendant had encouraged
their son, Nicholas, to get in trouble so that it would appear that
Plaintiff had no control over Nicholas, thereby enabling Defendant
to seek a change in custody.
For quite some time prior to the
filing of the previous petition, Defendant had not been e~ercising
his partial custody rights for Nicholas and the youngest two
children.
The hearing was held before Your Honorable Court on May 17,
2002, after which an Order was entered adjudicating Defendant in
contempt of the Custody Order dated January 3, 2002.
The Court
deferred disposition on the condition that Defendant comply with
the terms of the custody order and participate in counseling.
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While Defendant did not participate in counseling, the
situation regarding Nicholas improved.
Plaintiff was aware of no efforts by Defendant to exercise
partial custody rights with Nicholas for a period in excess of one
(1) year, until the weekend of January 31, 2004. Nicholas was
absent from Plaintiff's residence on January 31 and February 1,
2004, and Plaintiff did not know where he was. After contact with
law enforcement, she received a phone call from Nicholas at
approximately 4: 20 p. m. on February 2, during which Nicholas
indicated that he was at his father's residence in Bedford County.
After law enforcement intervention, Defendant returned Nicholas to
Plaintiff on February 2, 2004, at approximately 9:30 p.m.
In the past, Plaintiff has noticed that Defendant has a
pattern of renewing contact with Nicholas, after extended periods
of no contact, when a proceeding invol ving child support is
approaching. Plaintiff and Defendant are parties to a divorce
proceeding with respect to which an equitable distribution hearing
was held before The Honorable E. Robert Elicker, II on January 20,
2004. Mr. Elicker expressed an interest in hearing testimony from
Nicholas Malone with respect to the whereabouts of certain assets,
and another hearing date was scheduled for March 18, 2004.
Plaintiff immediately concluded that Defendant had re-initiated
contact with Nicholas with the intention of persuading him to
either not testify or testify favorably to Defendant at the hearing
scheduled for March 18, 2004.
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Plaintiff promptly filed a petition for Contempt on February
4, 2004, which resulted in a conciliation conference on March 8,
2004. During the conference, Plaintiff heard, for the first time,
that Nicholas had been at Defendant's home several times over the
summer of 2003. Plaintiff does not know the dates of these visits
or whether they were consistent with the Court's previous custody
order. Plaintiff has also learned that Defendant met with Nicholas
on January 20, 2004, just after the initial hearing with Mr.
Elicker, and that Nicholas had a further unauthorized and
unscheduled visit with Defendant the weekend after January 31,
2004. Finally, Nicholas was made aware in advance of the
conciliation conference of March 8, 2004, by Defendant.
Defendant was not entitled to partial custody during the
weekend of January 31 through February 2, 2004, and was not
permitted to exercise custodial time with Nicholas overnight.
Plaintiff contends that Defendant's conduct violates paragraph 7 of
the Order dated March 27, 2001, and Section 2(b) of the Order dated
January 3, 2002.
It is Plaintiff's position that because of Defendant's
subsequent violation, he should be appropriately punished for the
contempt determination of May 17, 2002, and for all additional
violations of the custody orders subsequent thereto.
II. LIST OF EXHIBITS
Plaintiff does not anticipate offering any exhibits other than
the pertinent existing orders of court and a note from Defendant's
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girlfriend to West Shore School District reporting Nicholas'
absence from school on February 2, 2004.
III. LIST OF WITNESSES
Plaintiff will testify at the hearing, but does not expect to
call any other witnesses. She will testify to the facts set forth
in the petition for Contempt, as well as additional facts included
within this Memorandum.
Respectfully submitted,
CLECKNER AND FEAREN
BY:~
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I, DENNIS J. SHATTO, hereby certify that I served a true and
correct copy of the foregoing document upon the person (s) indicated
below, by depositing same in the United States mail, postage
prepaid at Harrisburg, Dauphin County, Pennsylvania, this 6th day
of April, 2004.
Christopher J. Malone
223 First Street
New Paris, PA 15554
CLECKNER AND FEAREN
By
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P.O. Box 1i847
Harrisburg, PA 17108-1847
(717) 238-1731
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December 20, 2001
Christopher J. Malone
212 South Front Street
Wormleysburg, PA 17043
Re: Court Ordered Co-Parent Counseling
Chris:
I have been going to co-parent counseling on Friday evenings
at the office of Jeffrey Verrecchio which is located at 351 N. 21 ci
Street, Camp Hill. The office is at the intersection of 21" Street
and the Camp Hill bypass. (near Zimmerman's station). The
counselor's name is Andrea Hunt.
The cost is $100.00 per session. My insurance pays for half.
I think if we go at the same time, it would still only be $100.00.
If you choose to participate it would only cost you $25.00. I
usually go at either 5:00 or 6:00 Fridays.
If you want more information, Andrea's phone number lS 761-
5301 or if you want to participate, let me know.
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PLAINTIFPS
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Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
PLAINTIFF'S PRE-HEARING MEMORANDUM
AND NOW, comes the Plaintiff, by and through her attorneys,
Cleckner and Fearen, and in compliance with the Order of Court
dated April 2, 2002, states as follows:
I. Plaintiff's Position on Contemot
On February 11, 2002, Plaintiff filed a Petition for Contempt.
A conciliation conference was held March 11, 2002, and the matter
was referred to Your Honorable Court for a hearing.
It is Plaintiff's position that Defendant should be held in
contempt of court for violation of the Order dated January 3, 2002.
During the conciliation conference of March 11, 2002, the
conciliator recommended that Nicholas Malone be immediately
returned to Plaintiff. Defendant reluctantly complied.
Unfortunately, Nicholas has declined substantially in school
performance, and has had additional criminal charges filed against
him, resulting in his placement at a juvenile facility pending
disposition of the charges. Plaintiff believes that Defendant has
encouraged Nicholas to get in trouble so that it will appear as
though Plaintiff has no control over his conduct which Defendant
believes would enable him to seek a change in custody for Nicholas.
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Plaintiff believes that the current estrangement between her and
her oldest son, James, has resulted from improper conduct on the
part of Defendant. Defendant has already started a similar course
of conduct designed to secure custody of the two (2) youngest
children.
Apparently, Defendant believes he should have primary physical
custody of Nicholas.
Defendant failed to exercise his partial
custody rights over Nicholas during the time Nicholas has been in
Plaintiff's custody, and he has likewise failed to exercise partial
custodial rights over the youngest two (2) children. Defendant has
likewise refused to participate in co-parent counseling, as
directed in the Order of Court dated January 3, 2002.
It is Plaintiff's position that Defendant should be held in
contempt, and that the provisions of the Order of Court dated
January 3, 2002, should remain in full force and effect.
II. Witnesses
Plaintiff will offer testimony in support of the position
stated herein, and Nicholas will be available in the event the
Court wishes to confer with him.
Plaintiff may call a
representative of the West Shore Regional Police Department to
testify regarding police involvement relative to Defendant, James
and Nicholas. Plaintiff may also call Lori Keirn as to the living
conditions and environment at Defendant's residence, and William
Brandt, Juvenile Probation, regarding the pending charges against
Nicholas. Finally, John Paluscio may be called to testify to facts
in support of the petition for contempt.
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Plaintiff believes the hearing can be completed in one day.
Respectfully submitted,
CLECKNER AND FEAREN
By:
Lfu~
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
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CERTIFICATE OF SERVICE
I, DENNIS J. SHATTO, hereby certify that I served a true and
correct copy of the foregoing document upon the person (s) indicated
below, by depositing same in the United States mail,
postage
611.,
prepaid at Harrisburg, Dauphin County, Pennsylvania, this
day of
~
, 2002.
Christopher J. Malone
212 South Front Street
Worrnleysburg, PA 17043
CLECKNER AND FEAREN
By
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717)238-1731
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LINDA N. MALONE,
Plaintiff
.
: No. (}o- J 7.). ~ivil Term
v.
CHRISTOPHER J. MALONE,
Defendant
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Joan Carey, Esquire, do hereby certify that a true and
correct copy of the within Defendant's Answer to Plaintiff's Motion
for Special Relief in the Nature of an Award of Temporary Custody
was mailed to counsel for the Plaintiff, DENNIS J. SHATTO, ESQUIRE,
by first class U.S. mail, postage pre-paid, addressed as follows:
Dennis J. Shatto, Esquire
111 Locust Street
P.O. Box 11847
Harrisburg, PA 17108-1847
Respectfully submitted,
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Attorney for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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LINDA N. MALONE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHRISTOPHER J. MALONE
,
Defendant
: NO. 00- ~1.7/CIVIL TERM
: CIVIL ACTION- LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S
MOTION FOR SPECIAL RELIEF IN THE NATURE OF AN
AWARD OF TEMPORARY CUSTODY
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part; denied in part. By way of further answer, Benjamin Malone
resided with Father and the two older siblings from the time ofthe parties
separation in early November until December 13, 2000. When Benjamin became
ill Father allowed him to spend a day with Mother, pursuant to her request and
with the understanding that Mother would return him at the end of the visit.
Since December 13, 2000, Mother has refused to return child to Father and has
denied him all contact with Benjamin.
6. It is denied that it is in the best interest ofthe children to reside primarily with
Mother.
6 (A). It is specifically denied that temporary custody is necessary to
effect the younger siblings maintaining contact with each other. By
way of further answer, Father insured that the children spend time
together by agreeing that Mother have every other weekend with
Benjamin.
6 (B). It is specifically denied that Mother has been primary care giver
and is better suited to care for Benjamin during his convalescence.
Furthermore, Father has been involved in the care of the children
since their births and had been Benjamin's primary care giver since
the parties separated in early November 2000.
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6 (C). Denied. Father specifically denies that he is not home when
Benjamin arrives home and that he leaves the two younger children
in the care of their two older siblings as a matter of course. In fact,
Father has arranged his schedule so that he is home at 4:00 p.m.
when Benjamin gets home. Furthermore, Father is only on call
every three weeks and has arranged for his mother and brother to
care for the child if he is called into work. By way of further
answer, Father has concerns as to the care provided by the Mother
who has left the children at home alone causing trauma to the
children who were locked out in the cold.
6 (D). Admitted in part; denied in part. It is admitted that the police did
come to the residence on December 17, 2000. It is denied that any
instability was created; no charges were filed against Father who
was only attempting to see his son who had pneumonia and who
Mother was keeping from him. Father made an appointment to
seek advice from Legal Services regarding Mother's denial of
contact shortly after this incident to avoid any future
misunderstandings with Mother.
NEW MATTER
7. Respondent hereby incorporates by reference paragraphs 1 through 6 in the above
answer.
8. Not only should the relief requested by Mother be denied, but Father should be
granted primary physical custody of the children for reasons including the following:
A. Mother has not acted in the best interest of the children in ways
including the following:
i. Mother has exposed the children to an unstable environment
including having them in the company of her boyfriend who is
currently in prison in York County on drug charges and who has a
history of violence including at least five Protection from Abuse
Orders against him from 1990 to 1999 with the current PFA
expiring in March of2002.
ii. Mother has repeatedly denied Father any contact with the two
younger children.
iii. Benjamin, who lived with Father from November 2, 2000 until
December 13, 2000. has repeatedly pleaded with Mother to allow
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him to move back in with Father.
iv. Mother's behavior in denying Father contact with the two
younger children is causing the siblings to be separated from one
another.
B. Father has acted in the children's best interest in ways including:
i. Father has provided for all of the children since their births and
has been the primary care giver of three of the children, James.
Nicholas, and Benjamin since Mother left the marital residence on
November 2, 2000 to continue an extra-marital relationship.
ii. Father resides in the five bedroom marital residence where the
children feel secure and have established neighborhood and family
ties.
iii. Since the parties separation on November 2, 2000, Father has
not kept the children from Mother and, in fact, has prioritized
maintaining contact with Mother and each other.
iv. Father has consistently worked with the children regarding
their schoolwork and can continue to provide a stable environment
for the children.
WHEREFORE, the Respondent, Christopher Malone requests that the relief sought in
Petitioner's Motion for Special Relief in the Nature of an Award of Temporary Custody be
denied, and that Respondent by granted temporary physical custody pending further Order of
Court after Conciliation.
Respectfully submitted,
oan Carey, Attorney tI
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I, CHRISTOPHER J. MALONE, do hereby verify that the statements
made in the foregoing Answer and New Matter are true and correct to
the best of my knowledge, information and belief. I understand
that statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904,
relating to
unsworn
falsification to
authorities.
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PHER J. MALONE
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
LINDA N. MALONE,
Plaintiff
v.
; No. ~'V- 'i7.:J~ Civil Term
CHRISTOPHER J. MALONE,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel
appear before , the Conciliator, at
on the
day of , 2001, at ___.m., 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.
BY 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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 the office set forth above. 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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LINDA N. MALONE,
Plaintiff
; No. 1J1J- ~ 7:J.{ Civil Term
v.
CHRISTOPHER J. MALONE,
Defendant
: IN CUSTODY
ANSWER TO COMPLAINT FOR CUSTODY
AND COUNTERCLAIM
AND NOW comes CHRISTOPHER J. HALONE, by and through his
attorney, Joan Carey, Esquire of Legal Services, Inc., who
respectfully answers and avers as follows:
1. Admitted. Plaintiff is LINDA N. HALONE who resides at 752
State Street, 2nd Floor, Lemoyne, Cumberland County, Pennsylvania,
17043.
2. Admitted. Defendant is CHRISTOPHER J. HALONE who resides
at 212 South Front Street, Wormleysburg, Cumberland County,
Pennsylvania, 17043.
3. Admitted. By way of further answer, Plaintiff left the
marital residence on November 2, 2000 and took the minor child,
Adam, with her. On December 13, 2000, Plaintiff took the minor
child, Benjamin, from the marital residence following visitation
with him.
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4. Admitted.
5. Admitted.
6. Defendant is without sufficient knowledge or information
to form a belief as to the truthfulness of this averment.
7. Denied. Defendant avers that it is not in the best
interests of the minor children to grant Plaintiff primary physical
custody. Plaintiff has not been the sole caretaker of the minor
children, and is not better suited to care for them and tend to
their proper upbringing.
COUNTERCLAIM
8. Defendant hereby incorporates by reference all of his
Answers to Plaintiff's Complaint for Custody; paragraphs 1-7 above.
9. Defendant has not participated as a party or witness or in
any other capacity, in other litigation concerning the custody of
the children in this or any other Court.
10. Defendant has no information of a custody proceeding
concerning the children pending in a Court of this Commonwealth
except for the Complaint for Custody filed by Plaintiff to which
this Answer and Counterclaim is directed.
11. Defendant does not know of a person not a party to the
proceedings who has physical custody of the children, or claims to
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have custody or visitation rights with respect to the children.
12. The best interests and permanent welfare of the children
will be served by granting Defendant primary physical custody of
the minor children.
WHEREFORE, Defendant requests this Honorable Court to
grant him primary physical custody of the minor children.
Respectfully submitted,
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Attorney for Defendant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
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I, CHRISTOPHER J. MALONE, do hereby verify that the statements
made in the foregoing Answer to Complaint for Custody are true and
correct to the best of my knowledge, information and belief. I
understand that statements herein are
made
subj ect to the
penalties of
18 Pa.C.S. Section 4904,
relating to
unsworn
falsification to authorities.
~
CHRISTO HER J. MALONE
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
LINDA N. MALONE,
Plaintiff
: No.
Civil Term
v.
CHRISTOPHER J. MALONE,
Defendant
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Joan Carey, Esquire, do hereby certify that a true and
correct copy of the within Answer to Complaint for Custody and
Counterclaim was mailed to counsel for the plaintiff, DENNIS J.
SHATTO, ESQUIRE, by first class U.S. mail, postage pre-paid,
addressed as follows:
Dennis J. Shatto, Esquire
111 Locust Street
P.O. Box 11847
Harrisburg, PA 17108-1847
Respectfully submitted,
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Attorney for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVIL TERM
AND NOW, this
ORDER OF COURT
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V'Q day of December, 2000, this custody case is
referred to conciliation without our holding a hearing on the within motion for special
relief.
Dennis J. Shatto, Esquire
For Plaintiff
Joan Carey, Esquire
For ~ndant
~rt Administrator
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LINDA N, MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
CHRISTOPHER J. MALONE,
Defendant
CUSTODY/VISITATION
NO. 2000-08725
PLAINTIFF'S REPLY TO COUNTERCLAIM
AND NOW, comes the Plaintiff, Linda N. Malone, by and through
her attorneys, Cleckner and Fearen, who replies to the counterclaim
as follows:
8. With respect to Paragraph 3, the allegation that "on
December 13, 2000, Plaintiff took the minor child, Benjamin, from
the marital residence following visitation with him" is denied. On
December 13, 2000, the parties decided it would be appropriate,
because of a snow storm, for Nicholas, Adam and Benjamin to stay
with Plaintiff overnight. Benjamin was obviously ill on and before
December 13, 2000, and ended up being hospitalized for pneumonia.
On December 16, 2000, Defendant picked up Benjamin and Plaintiff at
the hospital, and returned both of them to Plaintiff's residence,
where Benjamin has been convalescing. Plaintiff intended to take
Benjamin with her at the time she separated from Defendant, but
Defendant refused to allow her to do so.
The averments in paragraph 7 are denied. Plaintiff avers that
it is in the best interests of the minor children to be in
Plaintiff's primary physical custody. While Plaintiff acknowledges
that she has not been the sole caretaker of the children, she has
been their primary caretaker, and Defendant's involvement with the
children has been minimal.
9. Denied, on the basis that Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the
averment, and proof is demanded.
10. Denied, on the basis that Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the
averment, and proof is demanded.
11. Denied, on the basis that Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the
averment, and proof is demanded.
12. Denied. It is denied that the best interests and
permanent welfare of the children will be served by granting
primary physical custody to Defendant. For the reasons set forth
in the Complaint, Plaintiff avers that the best interests and
permanent welfare of the children will be better served by granting
primary physical custody to the Plaintiff.
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WHEREFORE, Plaintiff respectfully requests this Honorable
Court to deny Defendant's Counterclaim and grant Plaintiff the
relief requested in the Complaint.
Respectfully submitted,
CLECKNER AND FEAREN
Dated:
J4t I ~{}A-II!
By
D!"P4I.k1!iLirc
Attorney I.D. #25675
111 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorney for Plaintiff
3
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's
Reply to Counterclaim are true and correct to the best of my
knowledge, information and belief.
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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Date: January /~, 2001
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CERTIFICATE OF SERVICE
I, Dennis J. Shatto, Esquire, hereby certify that on this
~0 day of ~ ' 2001, I served the foregoing
Plaintiff's Reply to Counterclaim by depositing the same in the
Uni ted States mail, first class postage prepaid, addressed as
follows:
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
CLECKNER AND FEAREN
By:
Dennis J. Shatto,
111 Locust Street
P. O. Box 11847
Harrisburg PA 17108-1847
(717) 238-1731
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LINDA N. MALONE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
: 00-8725 CIVIL TERM
AND NOW, this
AMENDED ORDER OF COURT
u+-
day of November, 2001, this court's order of
October 31,2001, is amended to reflect that the custody hearing scheduled for
December 10, 2001, at 1 :30 p.m. shall commence at 8:45 a.m., on Thursday, January
3, 2002, in Courtroom Number 2. All other provisions of the interim order of October 31,
2001, shall remain in full force and effect.
Dennis J. Shatto, Esquire
For Plaintiff
Christopher J. Malone, Pro se
212 S. Front Street
Wormleysburg, PA 17043
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LINDA N. MALONE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
PLAINTIFF
V.
CHRISTOPHER J. MALONE
DEFENDANT
00-8725 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, September 13, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa F. Greevy, Esq.
at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on Tuesday, October 09, 2001
, the conciliator,
at 9:15 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme 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 Abnse orders,
Special Relief orders, and Cnstody orders to the conciliator 48 honrs prior to scheduled hearing.
FOR THE COURT,
By: /s/
Melissa p, Greevy. Esq. (Jr1^
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 00- P7:l.S C'U~L/~
CHRISTOPHER J. MALONE,
Defendant
ORDER OF COURT
AND NOW,
attached petition,
respecti ve counsel
conciliator, at
, upon consideration of the
it is hereby directed that the parties and their
appear before the
on the
day of ,20 ,at .m., 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.
FOR THE COURT:
By:
Custody Conciliator
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. You must attend the scheduled conference or hearing.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
800-999-9108
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
CHRISTOPHER J. MALONE,
Defendant
NO. 00-8725
ORDER
You, Christopher J. Malone, Defendant, have been sued in court
to MODIFY custody, partial custody or visitation of the children:
James C. Malone, Nicholas L. Malone, J. Adam Malone and Benjamin M.
Malone.
You are ordered to appear in person at
, on
for
, at
.M. ,
D a conciliation or mediation conference.
D a pretrial conference.
D a hearing before the court.
If you fail to appear as provided by this order, an order for
custody, partial custody or visitation may be entered against you
or the court may issue a warrant for your arrest.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
800-999-9108
AMERICAN 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. You must attend the scheduled conference or hearing.
BY THE COURT:
Date:
J.
LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHRISTOPHER J. MALONE,
Defendant
CUSTODY/VISITATION
NO.00-8725
PETITION FOR MODIFICATION OF
A CUSTODY, PARTIAL CUSTODY OR VISITATION ORDER
1. The petition of Plaintiff respectfully represents that on
March 27, 2001 an Order of Court was entered for Custody and
Partial Custody, a true and correct copy of which is attached.
2. This Order should be modified because:
(A)
(B)
(C)
(D)
WHEREFORE,
existing Order
children.
The current living conditions
residence, are not conducive
upbringing of the children or to
welfare;
at Defendant's
to the proper
their health and
During periods of partial custody, Defendant
engages in conduct designed to alienate Benjamin
from his Mother and encourages Benjamin to express
a preference to reside with Father;
Defendant allowed the medical insurance coverage on
James and Nicholas to lapse; and Mother cannot
otherwise afford the counseling required in
paragraph 8 of the Order; and
Defendant regularly violates the provisions of the
existing Order.
petitioner requests that the Court modify the
because it will be in the best interest of the
Respectfully submitted,
CLECKNE)' m 'Try / / / J
BY:~
Dennis J. Shatto, Esquire
111 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Dated: 17;;Zu r G I
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in this petition are true
and correct.
I understand that false statements herein are made
subject to the penalti~s of 18 Pa.C.S.~4904 relating to unsworn
falsification to authorities.
g~ / 7-0/
Date
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this :<'7 day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, the following Order is entered with regard to the
custody of the parties' Children, James C. Malone, born November 15, 1985; Nicholas L.
Malone, born February 18,1986; Jay Adam Malone, born November 17,1988; and Benjamin
M,Malone, born September 17,1992.
1. Legal Custody. The Mother, Linda N. Malone and the Father, Christopher J.
Malone shall hav,e shared legal custody of the minor children. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of Pa. C. 8.g5309, each
parent shall be entitled to all records and information pertaining to the Children including, but
not limited to, medical, dental, religious or,school records, the residence address of the
Children and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable sue to the other parent.
2. Physical Custody. The Father, Christopher J. Malone, shall have primary physical
custody of James C. Malone and Nicholas L. Malone. The Mother, Linda N. Malone, shall
have primary physical custody of Jay Adam Malone and Benjamin M. Malone.
A. The Father shall have partial physical custody of Jay Adam Malone and
Benjamin M. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
B. The Mother shall have partial physical custody of James C. Malone and
Nicholas L. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
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No. 00-8725
3. The parties are to encourage the Children to go with the other parent for their
custodial visits and shall make arrangements around the Children's extracurricular and other
planned activities, as they presently exist. In the event that the Children want to participate in
additional sports or activities which would interfere with the custodial schedule, the parent shall
discuss this before making arrangements to enroll the Children in another activity. Neither
party shall make plans for activities with and/or for the Children during the other parent's
custodial time. Neither shall the parents discuss any changes in the custodial plan with the
Children prior to the express agreement of the other parent.
4. Vacation. The Mother and Father shall each have a right to two uninterrupted
weeks of vacation with the Children which may be exercised in the summer or during the
school year provided that no school days shall be missed for vacation time. Each parent shall
give the other at least a four-week notice as to the weeks chosen for vacation. In the event
that the parents have chosen vacation time which overlaps or duplicates the other's vacation
schedule, the party first providing written notice to the other parent shall be entitled to use the
week chosen. The parent shall give the other the telephone number and address where the
Children can be reached during vacation time.
5. Each parent shall keep the other informed of his or her current address and
telephone number. In the event of an emergency wherein Father is unable to reach Mother, it
shall be permissible for Father to contact Maternal Grandmother who will assist in making
contact with Mother.
6. The Mother and Father shall notify each other immediately of any medical
emergencies which arise while any Child is in that parent's care. Each parent will notify the
other of medical care received by any Child while in that parent's care.
7. Neither party may do anything which may estrange the Children from either parent
or injure the opinion of the Children as to the other parent or which may hamper the free and
natural development of the Children's love and respect for the other parent.
8. Mother and James shall participate in counseling to assist in the care of the
Mother/Son relationship. Mother shall endeavor to choose a therapist who will participate with
the CHIP health insurance program. Mother will pay and reimburse medical expenses if it is
affordable to her. However, in the event that the unreimbursed portion of this care is not
affordable to Mother, she shall retain the right to petition the Court for contribution from Father.
Both parents will be required to participate and cooperate with the counselor to the extent that
the counselor finds it is necessary for the benefit of the Child and/or Children.
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No. 00-8725
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9. Mother shall provide transportation to counseling. In the event that theChild(ren)
are in Father's custody during the period of time when the appointment is scheduled, Father
will make the Child(ren) available for pickup by Mother.
10. Holidays.
A.
Easter. Father shall have custody on Easter Sunday 2001 from Noon
until 7:30 p.m. In future years, the parent not having the custodial
weekend shall have custody on Easter for the period of 12 Noon until 7:30
p.m.
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B.
Memorial Dayllndependence Day/Labor Day. The parties shall alternate
Memorial Day, Independence Day and labor Day. To commence with
Memorial Day 2001, Mother shall have custody for Memorial Day and
labor Day and Father shall have custody for Independence Day. In even-
numbered years, those holidays shall alternate and Father shall have
Memorial Day and labor Day and Mother shall have Independence Day.
On the years that Mother has custody on Independence Day or labor
Day, she shall return the Children to Father in time for fireworks, which
typically begin at 9:00 p.m.
C.
Thanksgiving. In odd-numbered years, Mother shall have Thanksgiving
Day and Father shall have the Friday after Thanksgiving. In even-
numbered years, Father shall have Thanksgiving Day and Mother shall
have the Friday after Thanksgiving. The custodial period for these
holidays is 9:00 a.m. to 9:00 p.m.
D. Christmas. Christmas shall be shared on an AlB schedule. Segment A
shall be from December 24th at 6:00 p.m. until December 25th at 2:00 p.m.
Segment B shall be from December 25th at 2:00 p.m. until December 26th
at 1:00 p.m. In odd-numbered years, Father shall have Segment A and
Mother shall have Segment B. In even-numbered years, Mother shall
have Segment A and Father shall have Segment B.
11. The Mother and Father, by mutual agreement, may vary this schedule at any time.
However, the Order shall remain in effect until further Order of Court.
12. In the event that either party is unavailable to provide for the care of the Children
during his or her period of custody, that party shall make a reasonable effort to contact the
other parent to offer the parent the opportunity to provide the care for the Children before
contacting third-party care givers.
No. 00-8725
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BY THE COURT,
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Edgar Bayley, J.
Dis!: Ann E. Rhoads, Esquire, 111 Locust Street, Harrisburg, PA 17108
Joan Carey, Esquire, and David Lopez Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
James C. Malone
Nicholas L. Malone
Jay Adam Malone
Benjamin M. Malone
November 15, 1985
February 18,1986
November 17, 1988
September 17, 1992
Father
Father
Mother
Mother
2. A second Custody Conciliation Conference was held on March 19, 2001, with the
following individuals in attendance: the Mother, Linda N. Malone, and her counsel, Ann E.
Rhoads, Esquire; the Father, Christopher J. Malone, and his counsel, Joan Carey, Esquire,
and David lopez, Esquire.
3. The parties reached an agreement in the form of an Order as attached.
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Melissa Peel Greevy, Esquire
Custody Conciliator
Date
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
PLAINTIFF'S PRE-HEARING MEMORANDUM
AND NOW, comes the Plaintiff, by and through her attorneys,
Cleckner and Fearen, and in response to paragraph 2 of the Interim
Order of Court dated October 31, 2001, states as follows:
I. Plaintiff's Position on Custody
It is Plaintiff I s position that she should have primary
physical custody of J. Adam Malone, Benjamin M. Malone and Nicholas
L. Malone. Prior to the Interim Order of Court dated October 31,
2001, plaintiff had primary physical custody of J. Adam Malone and
Benjamin M. Malone, and pursuant to paragraph 1A of the Interim
Order of Co~rt, she has, since the date of the Order, had primary
physical custody of Nicholas.
Prior to the Interim Order, the performance of Nicholas in
school had substantially deteriorated. Since the Interim Order he
has adjusted extremely well and has improved in virtually every
respect.
Plaintiff also desires that the weekend partial custodial time
for Defendant with the three youngest children be limited, and not
include overnight stays.
Plaintiff is concerned with the
environment at Defendant's residence, and the effect that it has
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had on the three youngest children when they have stayed overnight
during weekends. Plaintiff requests that paragraph IB of the
Interim Order continue in force until it can be reasonably
demonstrated that the children will not be adversely effected by
overnight visits.
Because the relationship between the oldest child, James, and
his mother, has suffered dramatically, she has been unable to even
exercise visits with him. Accordingly, counseling is necessary to
re-establish a reasonable relationship between the two. Defendant
should be ordered to arrange for James to attend counseling.
Plaintiff also feels that the remaining provisions of the
Interim Order, namely lD and IE should be reaffirmed. Hopefully,
co-parent counseling will improve the relationships between the
parties and the children.
II. Exhibits
Plaintiff expects to introduce into evidence school and law
enforcement records relating to Nicholas and James, and photographs
of bruises on Nicholas' neck caused by Defendant.
III. Witnesses
Plaintiff will offer testimony in support of the position
herein stated, and Nicholas will be available in the event the
Court wishes to confer with him. Plaintiff may call Lori Keirn to
testify about living conditions and environment at Defendant's
residence, and Officer Jeffrey O'Donnell of West Shore Regional
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Police Department to testify regarding police involvement relative
to Defendant, James and Nicholas.
Plaintiff expects that the hearing can be completed in one
day.
Respectfully submitted,
CLECKNER AND FEAREN
By:
~
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
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CERTIFICATE OF SERVICE
I, DENNIS J. SHATTO, hereby certify that I served a true and
correct copy of the foregoing document upon the person(s) indicated
below, by depositing
prepaid
same in the United States mail, postage
/ rr
Dauphin County, Pennsylvania, this 2
day of
, 2001.
Christopher J. Malone
212 South Front Street
Wormleysburg, PA 17043
CLECKNER AND FEAREN
By !.~
PA Attorney ID #25675
111 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717)238-1731
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Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
CHRISTOPHER J. MALONE,
Defendant
NO. 2000-08725
PLAINTIFF/S REPLY TO NEW MATTER
7. Plaintiff hereby responds to averments in paragraphs 5 and
6 of Defendant/s Answer as follows:
5. It is admitted that during the week and possibly on one of
the weekends, Benjamin resided with Defendant and Benjamin's two
older siblings between the date of separation and December 13/
2000. without first contacting Plaintiff, Defendant arranged for
Benjamin to spend a week in Florida, thereby missing school. The
total time spent by Benjamin with each parent, since the date of
separation is substantially the same. By way of further reply,
however, it is averred that in early November, Defendant directed
Plaintiff to leave the house, and refused to allow Plaintiff to
take Benjamin with her, and threatened that if she did, he would
have her arrested and that she would never see any of the children
again. Defendant would not allow Benjamin to leave with Plaintiff
because he felt that Plaintiff would not remain separated without
having Benjamin with her. Plaintiff did not immediately file the
within custody proceedings because she needed to first establish
appropriate living arrangements, and because Defendant frequently
threatened suicide and she was concerned about the safety of the
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children if she filed proceedings before Defendant had an adequate
opportunity to become adjusted to the separation of the parties.
Plaintiff's decision not to proceed immediately with a complaint
for custody was consistent with advice of her counsel.
The last two sentences of paragraph 5 are denied. By verbal
agreement of the parties, all four (4) children were to be with
Plaintiff on Wednesday evenings and every other weekend. On
Wednesday, December 13, 2000, the parties decided it would be
appropriate, because of a snow storm, for all of the children to
stay with Plaintiff overnight. On December 12, 2000, Benjamin was
kept off school because of illness, and the two older siblings were
permitted to stay home with him. Although Benjamin was quite ill,
and later in the same week was diagnosed with pneumonia, Defendant
inappropriately forced Benjamin to go to school on Wednesday,
December 13, 2000. Benjamin was obviously ill when Plaintiff first
saw him on December 13, 2000, began vomiting the next day, and then
ended up being hospitalized. Prior to her seeing Benjamin on
December 13, 2000, Plaintiff was not advised or notified by
Defendant that Benjamin was ill.
When Benjamin was released from the hospital on December 16,
2000, Plaintiff received advice from Benjamin's physician that he
should not leave home, and Benjamin has not yet returned to school.
Benjamin has become well adjusted at Plaintiff's residence,
and has his own bed. At Defendant's residence, Benjamin did not
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have his own bed, and slept with the Defendant. For all the above
reasons, Plaintiff felt that it would be in Benjamin's best
interest to remain with her. However, Plaintiff has not denied
Defendant all contact with Benjamin. On December 16, 2000,
Defendant picked Benjamin and Plaintiff up at the hospital, and
returned them to Plaintiff's residence. In fact, he put Benjamin
in bed, and never mentioned any desire to have Benjamin return with
him. On December 17, 2000, Defendant saw Benjamin on at least two
occasions, and never expressed any desire to have Benjamin returned
to him. Later in the evening of December 17, 2000, Defendant
arrived at Plaintiff's residence with Adam, and after some
discussion, indicated that he was taking Benjamin home with him.
Defendant had been drinking alcoholic beverages. Plaintiff called
the police, who intervened and stabilized the situation.
Later during the evening of December 17, 2000, Plaintiff's
niece returned to Defendant's residence, with Adam, so that Adam
could retrieve his coat. While there, Defendant grabbed Adam and
would not release him. Plaintiff's niece left Defendant's
residence to return to her car to use her cell phone to call the
police, when Defendant brought Adam out and put him in the front
seat of her car. Shortly thereafter, swearing profusely, Defendant
took Adam by the neck and pulled him back into the residence. When
the police were again called, Defendant called Plaintiff and
indicated that he had released Adam and Adam was returned to
Plaintiff's residence.
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Early the following week, Defendant called Plaintiff's
residence, on two or three occasions, to speak with Benjamin, who
was ill and did not wish to speak to Defendant. On Wednesday,
December 20, 2000, Defendant told Plaintiff that she would not be
able to see the older two children because they both had plans. To
the best of Plaintiff's knowledge, Defendant has not attempted to
make contact with her since then. Despi te several attempts,
Plaintiff was unable to make contact with Defendant over the
Christmas weekend.
After the second incident during the evening of December 17,
2000, Defendant made a comment suggesting that he was satisfied
that Adam and Benjamin would remain in Plaintiff's custody. At no
time did Plaintiff deny Defendant contact with Benjamin.
6 (A) . It is denied that Father insured that the children
spent time together by agreeing that Mother have every other
weekend with Benjamin. His statement was that she could have all
of the children every other weekend, depending upon Defendant's
mood.
6(B). It is denied that Father has been involved in the care
of the children since their birth and had been Benjamin's primary
care giver since the separation of the parties.
After the birth of the second child, Defendant spent a period
of at least six (6) months in prison. Defendant's involvement in
the care of the children has been minimal. Whether or not
4
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Defendant has been Benjamin's primary care giver since separation
is denied on the basis that after reasonable investigation,
Plaintiff is without knowledge or information sufficient to form a
belief as to the truth of the averment, and proof is demanded.
6(C). The averments relating to Defendant's work schedule and
call schedule are denied on the basis that after reasonable
investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averments and
proof is demanded. It is doubtful, however, that any arrangements
Defendant may have made would solve the problem, particularly since
he would need to leave the house on short notice. Defendant had
been on-call 24 hours a day for duties relating to the Plantation
Inn, and every other week for other properties. Plaintiff denies
that Father has concerns as to the care provided by the Plaintiff.
He has expressed no concerns to the Plaintiff. The specific
incident alluded to in the last sentence has been described
inaccurately and incompletely. On one occasion, Plaintiff ran an
errand to the drug store, and when she returned home, James, who
was in the home when she left, was not home, and Plaintiff learned
he had gone to visit Defendant.
6(D). It is denied that Plaintiff was keeping Benjamin from
Defendant. On the contrary, Defendant had already visited with
Benjamin and was attempting to remove him from Plaintiff's
residence. Further, it is denied that Defendant made an appointment
5
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with Legal Services regarding Mother's denial of contact. Mother
has never denied contact between Defendant and Benjamin.
8. For the reasons which follow, it is denied that primary
physical custody of the children should be granted to Defendant:
8(A). It is denied that Plaintiff has not acted in the best
interest of the children.
8(A) (i). Denied.
It is denied that Mother has exposed the
children to an unstable environment by having them in the company
of "her boyfriend who is currently in prison in York County on drug
charges...". Plaintiff does not have a boyfriend. Plaintiff is
acquainted with a friend of Defendants who is currently in prison
in York County.
This individual was introduced to Plaintiff by
Defendant, who invited him to their residence with some frequency.
8 (A) (ii) .
It is denied that Mother has repeatedly denied
Father any contact with the two younger children. Plaintiff has at
no time denied Defendant contact with the two younger children. As
to Benjamin, the other averments of this reply are incorporated
herein by reference. As to Adam, Defendant at first did not want
to see Adam. On one occasion, Defendant asked to take the children
to candy Lane in Hershey. Plaintiff suggested against it, because
she had already planned a trip to Candy Lane, of which the children
were aware.
8 (A) (iii). It is denied that Benjamin has repeatedly pleaded
with Mother to allow him to move back in with Father. Benjamin has
6
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never requested that Mother allow him to move back in with
Defendant, and has never expressed to Plaintiff any desire to do
so.
8(A) (iv). Denied. For the reasons already set forth in this
Reply, Plaintiff has not denied Defendant contact with the two
younger children.
8(A) (v). It is denied that Father has acted in the children's
best interest.
8 (B) (i). Plaintiff denies that Father has "provided" for the
children on the basis that the term "provided" is undefined. With
respect to the Defendant's contact with the children, the remaining
averments of this Reply are incorporated herein by reference. It
is denied that Defendant has been the primary care giver of three
of the children since the separation of the parties, on the basis
that after reasonable investigation, Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the
averment, and proof is demanded. As to Benjamin, Plaintiff has
been his primary care giver since December 13, 2000. It is denied
that Mother left the marital residence to continue an extra-marital
relationship. Defendant directed Plaintiff leave the marital
residence. Plaintiff was not then, and is not now, involved in an
extra-marital relationship. Defendant, on the other hand, has had
numerous extra-marital relationships, and in fact is the father of
a child born as a result of one of those relationships.
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8(B) (ii). It is denied that Father resides in a five bedroom
residence. The residence has four bedrooms. It is denied that the
children feel secure at the residence. By way of further answer,
it is averred that Plaintiff lives in the same community as
Defendant, and the proximity of family and friends to the children
is essentially the same.
8 (B) (iii). It is denied that Father has not kept the children
from Mother and has prioritized maintaining contact between Mother
and the children. Plaintiff was scheduled to have the children
during the weekend of December 23-24,
efforts, was unable to locate Defendant.
but, despite numerous
Defendant constantly
threatens to keep the children from her "depending upon his mood".
At first, Defendant did not want to see Adam, who therefore was
excluded from his three brothers. Further, Defendant told
Plaintiff that the two older boys had made plans on Wednesday,
December 20th (a date when Plaintiff was supposed to have them),
and would therefore not be available to visit with her. Finally,
Defendant never called Adam or Benjamin on Christmas Day.
8(B) (iv). It is denied that Father has consistently worked
with the children regarding their schoolwork and can continue to
provide a stable environment. Defendant has very rarely worked
with the children regarding their schoolwork, and in fact in
November of 2000, indicated that he did not know what school the
two youngest children attended. Defendant has frequently invited
8
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people, some with criminal records, to the residence, and has
maintained very little control over the children.
WHEREFORE, Plaintiff respectfully requests that the relief
requested in her Motion for Special Relief be granted.
Respectfully submitted,
CLECKNER AND FEAREN
Dated:
1!Z-!1l1
By
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Dennis J. Shatto, Esquire
Attorney I.D. #25675
111 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I, Dennis J. Shatto, Esquire, hereby certify that on this
;:)4 day of ~v.4~ 2001, I served the foregoing
Plaintiff's Reply to New Matter by depositing the same in the
United States mail, first class postage prepaid, addressed as
follows:
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
CLECKNER AND FEAREN
By:
~
Dennis J. Shatto, Esquire
III Locust Street
P.O. Box 11847
Harrisburg PA 17108-1847
(717) 238-1731
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VERIFICATION
I verify that the statements made in the foregoing Plaintiff's
Reply to New Matter are true and correct to the best of my
knowledge, information and belief.
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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L /Pl intiff - LIND N. MALONE
Date: December d '1, 2000
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LINDA N. MALONE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
00-8725 CIVIL ACTION LAW
CHRISTOPHER J. MALONE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, February 15, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA17043 on Monday, March 11,2002 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 pennanent order.
The court hereby directs the parties to furuish 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
Melissa P. Greevy. Esq. \--[11\
Custody Conciliator I)
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-8725
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you
have wilfully disobeyed an order of court for custody.
If you wish to defend against the claim set forth in the
following pages, you may but are not required to file in writing
with the court your defenses or objections.
Whether or not you file in writing with the
defenses or obj ections, you must appear in person
, at . M., in Courtroom
County Courthouse, Carlisle, Pennsylvania.
court your
in court on
, Cumberland
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR
YOUR ARREST.
If the court finds that you have wilfully failed to comply
with its order for custody, you may be found to be in contempt of
court and committed to jail, fined or both.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
BY THE COURT:
J.
Date:
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
The Petition of Linda N. Malone respectfully represents:
1. That on January 3, 2002, Judge Edgar B. Bayley entered an
Order awarding petitioner custody of the following minor children:
J. Adam Malone, Benjamin M. Malone and Nicholas L. Malone.
A true and correct copy of the order is attached to this petition.
2 .
that:
A.
B.
C.
D.
Respondent has willfully failed to abide by the order in
On February 3, 2002, Nicholas went to Respondent's
residence, and despite demands that Nicholas be returned
to Petitioner, Respondent has failed or refused to return
him.
Respondent has taken Nicholas without Petitioner's
knowledge or permission at times other than his scheduled
visits.
Respondent has encouraged Nicholas to not cooperate with
school officials in a disciplinary matter, which has
caused Nicholas to be suspended from school until he
cooperates.
Respondent has encouraged Nicholas to not cooperate with
the police in a criminal matter.
E. Respondent received detention notices for Nicholas and
failed to notify Petitioner which prevented her from
addressing the situation in a timely manner.
F. Respondent has failed and refused to participate in co-
parent counseling.
G. Respondent has told J. Adam and Benjamin that petitioner
will not allow Respondent to visit with them.
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G. Respondent has told J. Adam and Benjamin that they can
run away from home and live with Respondent at age 14.
H. Respondent has not shared with Petitioner any information
with regard to arrests, probation or school records of
James Malone.
WHEREFORE, Petitioner requests that Respondent be held in
contempt of court.
Respectfully submitted,
CLECKNER AND FEAREN
By:
Dennis J. Shatto, Esquire
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorney for petitioner
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VERIFICATION
I verify that the statements made in this petition 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.
(-71;~A 7f ~h~/GC
--/' LINDA N. MALONE
Dated:
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LINDA N. MALONE,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVil TERM
ORDER OF COURT
AND NOW, this
1'v~
day of January, 2002, IT IS ORDERED:
(1) The interim order of October 31,2001, IS VACATED.
(2) The custody order of March 27, 2001, is modified as follows:
(a) The mother, Linda N. Malone, shall have primary physical custody of
J. Adam Malone, Benjamin M. Malone and Nicholas l. Malone. The
father shall have primary physical custody of James C. Malone.
(b) The father's weekend partial custodial time with the three youngest
children shall be from 8:00 a.m. until 8:00 p.m. Saturday, and 8:00 a.m.
until 7:00 p.m. Sunday of his custodial weekend.
(c) The mother shall participate in family counseling with James C.
Malone.
(d) The parties shall participate in co-parent counseling for a minimum of
eight sessions with the goal of improving parental communication and
cooperation in the parenting of their children.
(e) In the event that father is thirty minutes or more late for a period of
partial custody, the mother shall be free to make other plans with the
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~hild;en without the necessity of waiting for father beyond that period time.
(3) All other provisions of the order of March 27, 2001, not inconsistent with this
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order, shall remain in full force and effect.
Dennis J. Shatto, Esquire
For Plaintiff
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Christopher J. Malone, Pro se
212 S. Front Street
Wormleysburg, PA 17043
:saa
TRUE COpy Fr'0M RECORD,
In Testimony whersof,: r~ unto set my hand
and the seal of said (ou;-i "t Carlisle, Pa. I
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
ORDEROF COURT
AND NOW, this .2'( day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, the following Order is entered with regard to the
custody of the parties' Children, James C. Malone, born November 15, 1985; Nicholas L.
Malone, born February 18, 1986; Jay Adam Malone, born November 17,1988; and Benjamin
M. Malone, born September 17, 1992.
1. legal Custody. The Mother, Linda N. Malone and the Father, Christopher J.
Malone shall hav.e shared legal custody of the minor children. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of Pa. C. S.!j5309, each
parent shall be entitled to all records and information pertaining to the Children including, but
not limited to, medical, dental, religious orschool records, the residence address of the
Children and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable sue to the other parent.
2. Physical Custody. The Father, Christopher J. Malone, shall have primary physical
custody of James C. Malone and Nicholas L. Malone. The Mother, Linda N. Malone, shall
have primary physical custody of Jay Adam Malone and Benjamin M. Malone.
A. The Father shall have partial physical custody of Jay Adam Malone and
Benjamin M. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
B. The Mother shall have partial physical custody of James C. Malone and
Nicholas L. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
,. ,.
No. 00-8725
3. The parties are to encourage the Children to go with the other parent for their
custodiClI visits and shall make arrangements around the Children's extracurricular and other
planned activities, as they presently exist. In the event that the Children want to participate in
additional sports or activities which would interfere with the custodial schedule, the parent shall
discuss this before making arrangements to enroll the Children in another activity. Neither
party shall make plans for activities with and/or for the Children during the other parent's
custodial time. Neither shall the parents discuss any changes in the custodial plan with the
Children prior to the express agreement of the other parent.
4. Vacation. The Mother and Father shall each have a right to two uninterrupted
weeks of vacation with the Children which may be exercised in the summer or during the
school year provided that no school days shall be missed for vacation time. Each parent shall
give the pther at least a four-week notice as to the weeks chosen for vacation. In the event
that the parents have Ghosen vacation time which overlaps or duplicates the other's vacation
schedule, the party first providing written notice to the other parent shall be entitled to use the
week ch0sen. The parent shall give the other the telephone number and address where the
Children can be reached during vacation time.
5. Each parent shall keep the other informed of his or her current address and
telephone number. In the event of an emergency wherein Father is unable to reach Mother, it
shall be permissible for Father to contact Maternal Grandmother who will assist in making
contact with Mother.
6. The Mother and Father shall notify each other immediately of any medical
emergencies which arise while any Child is in that parent's care. Each parent will notify the
otherof medicalcare received by any Child while in that parent's care.
7. Neither party may do anything which may estrange the Children from either parent
or injure the opinion of the Children as to the other parent or which may hamper the free and
natural development of the Children's love and respect for the other parent.
8. Mother and James shall participate in counseling to assist in the care of the
Mother/Son relationship. Mother shall endeavor to choose a therapist who will participate with
the CHIP health insurance program. Mother will pay and reimburse medical expenses if it is
affordable to her. However, in the event that the unreimbursed portion of this care is not
affordable to Mother, she shall retain the right to petition the Court for contribution from Father.
Both parents will be required to participate and cooperate with the counselor to the extent that
the counselor finds it is necessary for the benefit of the Child and/or Children.
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No. 00-8725
9. Mother shall provide transportation to counseling. In the event that the Child(ren)
are in Father's custody during the period of time when the appointment is scheduled, Father
will make the Child(ren) available for pickup by Mother.
10. Holidays.
A. Easter. Father shall have custody on Easter Sunday 2001 from Noon
until 7:30 p.m. In future years, the parent not having the custodial
weekend shall have custody on Easter for the period of 12 Noon until 7:30
p.m.
B. Memorial Day/Independence Day/labor Day. The parties shall alternate
Memorial Day, Independence Day and labor Day. To commence with
Memorial Day 2001, Mother shall have custody for Memorial Day and
labor Day and Father shall have custody for Independence Day. In even-
numbered years, those holidays shall alternate and Father shall have
Memorial Day and labor Day and Mother shall have Independence Day.
On the years that Mother has custody on Independence Day or labor
Day, she shall return the Children to Father in time for fireworks, which
typically begin at 9:00 p.m.
C. Thanksaiving. In odd-numbered years, Mother shall have Thanksgiving
Day and Father shall have the Friday after Thanksgiving. In even-
numbered years, Father shall have Thanksgiving Day and Mother shall
have the Friday after Thanksgiving. The custodial period for these
holidays is 9:00 a.m. to 9:00 p.m.
D. Christmas. Christmas shall be shared on an AlB schedule. Se9ment A
shall be from December 24th at 6:00 p.m. until December 25th at 2:00 p.m.
Segment B shall be from December 25th at 2:00 p.m. until December 26th
at 1 :00 p.m. In odd-numbered years, Father shall have Segment A and
Mother shall have Segment B. In even-numbered years, Mother shall
have Segment A and Father shall have Segment B.
11. The Mother and Father, by mutual agreement, may vary this schedule at any time.
However, the Order shall remain in effect until further Order of Court.
12. In the event that either party is unavailable to provide for the care of the Children
during his or her period of custody, that party shall make a reasonable effort to contact the
other parent to offer the parent the opportunity to provide the care for the Children before
contacting third-party care givers.
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No. 00-8725
BY THE COURT,
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Edgar Bayley, J. 'I
Dis!: Ann E. Rhoads, Esquire, 111 Locust Street, Harrisburg, PA 17108
Joan Carey, Esquire, and David Lopez Esquire. MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013
TRUE COpy FROM RECORD
In Testimony whereof, I hefe unto set my hand
and 8 seal of sa! Court at Carlisle, Pa.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
LINDA N. MALONE,
vs.
CH~STOPHERJ.MAlON~
Defendant
CIVil ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
James C. Malone
Nicholas L. Malone
Jay Adam Malone
Benjamin M. Malone
November 15, 1985
February 18, 1986
November 17,1988
September 17,1992
Father
Father
Mother
Mother
2. A second Custody Conciliation Conference was held on March 19, 2001, with the
following individuals in attendance: the Motner, Linda N. Malone, and her counsel, Ann E.
Rhoads, Esquire; the Father, Christopher J. Malone, and his counsel, Joan Carey, Esquire,
and David lopez, Esquire.
3. The parties reached an agreement in the form of an Order as attached.
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Melissa Peel Greevy, Esquire
Custody Conciliator
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LINDA N. MALONE IN TIIE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYL VANIA
v.
00-8725 CIVIL ACTION LAW
CHRISTOPHER J. MALONE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint,
it is hereby directed that pmties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Monday, March 08, 2004 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 aU existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinll;.
FOR THE COURT,
By: Isl
Melissa P. Greevy, Esq.
Custody Conciliator
v
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS r^
CUMBERLAND COUNTY, PENNSYLVANI~F~ n . :~".
NO. 00-8725 CIVIL TERM
CHRISTOPHER J. MALONE,
Defendant
CUSTODY
FEB 0 5 2004
~
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you
have wilfully disobeyed an order of court for custody.
If you wish to defend against the claim set forth in the
following pages, you may but are not required to file in writing
with the court your defenses or objections.
Whether or not you file in writing with the court your
defenses or objections, you must appear in person in court on
, at . M., in Courtroom , Cumberland
County courthouse, Carlisle, Pennsylvania. ----
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT
FOR YOUR ARREST.
If the court finds you that you have wilfully failed to comply
with its order for custody, you may be found to be in contempt of
court and committed to jail, fined or both.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
BY THE COURT:
J.
Date:
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-8725 CIVIL TERM
CHRISTOPHER J. MALONE,
Defendant
PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
petition of Linda N. Malone respectively represents:
1, The parties hereto are subject to a custody order dated
January 3, 2002, which modified a custody order dated March 27,
2001, in certain particulars. A copy of the Order dated January 3,
2002, is attached hereto, made a part hereof, and marked Exhibit
"A". A copy of the Order of Court dated March 27, 2001, is
attached hereto, made a part hereof, and labeled Exhibit "B".
2. On February 11, 2002, Petitioner herein filed a Petition
for Civil Contempt, which resulted in an Order of Court dated May
17, 2002, a copy of which is attached hereto, made a part hereof,
labeled Exhibit "C".
3. On January 31, 2004, Nicholas L. Malone, one of the
children, was transported by or on behalf of Respondent to
Respondent's new residence in Bedford County, Pennsylvania, and was
returned to Petitioner, only after law enforcement intervention, on
February 2, 2004 at approximately 9:30 p.m.
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4. Petitioner was not notified in advance by Respondent that
he intended to take Nicholas to Bedford County, and petitioner had
no idea of Nicholas' whereabouts until February 2, 2004 at
approximately 4:20 p.m., when she received a call from Nicholas.
5. Respondent had no visitation rights under the current
order for January 31, February 1, or February 2, 2004, and
Respondent had not exercised any visitation with Nicholas for a
period in excess of one (1) year prior to January 31, 2004.
6. Petitioner and Respondent are parties to a divorce
proceeding docketed to No. 01-4346 in Cumberland County. On
January 20, 2004, a hearing was held before The Honorable E. Robert
Elicker, II, Divorce Master, on Petitioner's claim for equitable
distribution of marital property. During the hearing, the Divorce
Master expressed interest in hearing testimony from Nicholas Malone
on an issue of substantial importance with respect to the
whereabouts of certain marital assets. Nicholas Malone was not
present at the hearing, but a follow-up hearing has been scheduled
for March 18, 2004, to complete the introduction of testimony and
evidence.
7. Petitioner believes that Respondent's purpose in spending
time with Nicholas on January 31, February 1 and February 2, 2004,
is in furtherance of an intention to persuade Nicholas to either
not testify on March 18, 2004, or to provide false testimony with
respect to the whereabouts of certain marital assets.
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8. Respondent's actions, as aforesaid, violate the custody
order in the following particulars:
A. Respondent had no partial custodial rights with Nicholas
on January 31, February 1 or February 2, 2004.
B. Section 2(b) of the Order dated January 3, 2002, does not
allow Respondent to exercise custodial time with Nicholas
overnight.
C. Respondent I S conduct violates paragraph 7 of the Order of
Court dated March 27, 2001.
WIlEREFORE, Petitioner requests that Your Honorable Court
complete disposition of Respondent's adjudication of contempt of
May 17, 2002, or alternatively, hold Respondent in contempt of
court.
Respectfully submitted,
By
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorney for Petitioner,
Linda N. Malone
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVil TERM
ORDER OF COURT
AND NOW, this
1v-tL
day of January, 2002, IT IS ORDERED:
(1) The interim order of October 31, 2001, IS VACATED.
(2) The custody order of March 27, 2001, is modified as follows:
(a) The mother, Linda N. Malone, shall have primary physical custody of
J. Adam Malone, Benjamin M. Malone and Nicholas L. Malone. The
father shall have primary physical custody of James C. Malone.
(b) The father's weekend partial custodial time with the three youngest
children shall be from 8:00 a.m. until 8:00 p.m. Saturday, and 8:00 a.m.
until 7:00 p.m. Sunday of his custodial weekend.
(c) The mother shall participate in family counseling with James C.
Malone.
(d) The parties shall participate in co-parent counseling for a minimum of
eight sessions with the goal of improving parental communication and
cooperation in the parenting of their children.
(e) In the event that father is thirty minutes or more late for a period of
partial custody, the mother shall be free to make other plans with the
children without the necessity of waiting for father beyond that period time.
EXHIBIT
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(3) All other provisions of the ord'er of March 27, 2001, not inconsistent with this
order, shall remain in full force and effect.
Dennis J. Shatto, Esquire
For Plaintiff
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Christopher J. Malone, Pro se
212 S. Front Street
Wormleysburg, PA 17043
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'L1NDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-8725
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this :<"7 day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, the following Order is entered with regard to the
custody of the parties' Children, James C. Malone, born November 15, 1985; Nicholas L.
Malone, born February 18,1986; Jay Adam Malone, born November 17, 1988; and Benjamin
M. Malone, born September 17,1992.
1. Legal Custody. The Mother, Linda N. Malone and the Father, Christopher J.
Malone shall have shared legal custody of the minor children. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of Pa. C. 5.95309, each
parent shall be entitled to all records and information pertaining to the Children including, but
not limited to, medical, dental, religious or school records, the residence address of the
Children and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable sue to the other parent.
2. Physical Custody. The Father, Christopher J. Malone, shall have primary physical
custody of James C. Malone and Nicholas L. Malone. The Mother, Linda N. Malone, shall
have primary physical custody of Jay Adam Malone and Benjamin M. Malone.
A. The Father shall have partial physical custody of Jay Adam Malone and
Benjamin M. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
B. The Mother shall have partial physical custody of James C. Malone and
Nicholas L. Malone according to the following schedule: every other
weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; on alternating
Wednesday evenings between 6:00 p.m. and 8:30 p.m.; and all other
times as the parties may agree.
EXHIBIT
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No. 00-8725
3. The parties are to encourage the Children to go with the other parent for their
custodial visits and shall make arrangements around the Children's extracurricular and other
planned activities, as they presently exist. In the event that the Children want to participate in
additional sports or activities which would interfere with the custodial schedule, the parent shall
discuss this before making arrangements to enroll the Children in another activity. Neither
party shall make plans for activities with and/or for the Children during the other parent's
custodial time. Neither shall the parents discuss any changes in the custodial plan with the
Children prior to the express agreement of the other parent.
4. Vacation. The Mother and Father shall each have a right to two uninterrupted
weeks of vacation with the Children which may be exercised in the summer or during the
school year provided that no school days shall be missed for vacation time. Each parent shall
give the other at least a four-week notice as to the weeks chosen for vacation. In the event
that the parents have chosen vacation time which overlaps or duplicates the other's vacation
schedule, the party first providing written notice to the other parent shall be'entitled to use the
week chosen. The parent shall give the other the telephone number and address where the
Children can be reached during vacation time.
5. Each parent shall keep the other informed of his or her current address and
telephone number. In the event of an emergency wherein Father is unable to reach Mother, it
shall be permissible for Father to contact Maternal Grandmother who will assist in making
contact with Mother.
6. The Mother and Father shall notify each other immediately of any medical
emergencies which arise while any Child is in that parent's care. Each parent will notify the
other of medical care received by any Child while in that parent's care.
7. Neither party may do anything which may estrange the Children from either parent
or injure the opinion of the Children as to the other parent or which may hamper the free and
natural development of the Children's love and respect for the other parent.
8. Mother and James shall participate in counseling to assist in the care of the
Mother/Son relationship. Mother shall endeavor to choose a therapist who will participate with
the CHIP health insurance program. Mother will pay and reimburse medical expenses if it is
affordable to her. However, in the event that the unreimbursed portion of this care is not
affordable to Mother, she shall retain the right to petition the Court for contribution from Father.
Both parents will be required to participate and cooperate with the counselor to the extent that
the counselor finds it is necessary for the benefit of the Child and/or Children.
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No. 00-8725
9. Motller shall provide transportation to counseling. In the event that the Child(ren)
are in Father's custody during the period of time when the appointment is scheduled, Father
will make the Child(ren) available for pickup by Mother.
10. Holidays.
A. Easter. Father shall have custody on Easter Sunday 2001 from Noon
until 7:30 p.m. In future years, the parent not having the custodial
weekend shall have custody on Easter for the period of 12 Noon until 7:30
p.m.
8. Memorial Day/lndependence Day/Labor Day. The parties shall alternate
Memorial Day, Independence Day and Labor Day. To commence with
Memorial Day 2001, Mother shall have custody for Memorial Day and
labor Day and Father shall have custody for Independence Day. In even-
numbered years, those holidays shall alternate and Father shall have
Memorial Day and Labor Day and Mother shall have Independence Day.
On the years that Mother has custody on Independence Day or Labor
Day, she shall return the Children to Father in time for fireworks, which
typically begin at 9:00 p.m.
C. Thanksgiving. In odd-numbered years, Mother shall have Thanksgiving
Day and Father shall have the Friday after Thanksgiving. In even-
numbered years, Father shall have Thanksgiving Day and Mother shall
have the Friday after Thanksgiving. The custodial period for these
holidays is 9:00 a.m. to 9:00 p.m.
D. Christmas. Christmas shall be shared on an Al8 schedule. Segment A
shall be from December 24th at 6:00 p.m. until December 25th at 2:00 p.rn.
Segment 8 shall be from December 25th at 2:00 p.m. until December 26'"
at 1 :00 p.m. In odd"numbered years, Father shall have Segment A and
Mother shall have Segment 8. In even-numbered years, Mother shall
have Segment A and Father shall have Segment B.
11. The Mother and Father, by mutual agreement, may vary this schedule at any time.
However, the Order shall remain in effect until further Order of Court.
12. In the event that either party is unavailable to provide for the care of the Children
during his or her period of custody, that party shall make a reasonable effort to contact the
other parent to offer the parent the opportunity to provide the care for the Children before
contacting third-party care givers.
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BY THE COURT,
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Edgar Bayley, J. 'I
Dis!: Ann E. Rhoads, Esquire, 111 Locust Street, Harrisburg, PA 17108
Joan Carey. Esquire, and David Lopez Esquire, MidPenn Legal Services. 8 Irvine Row. Carlisle. PA 17013
TRUE COpy FROM RECORD
In T eitimony whereof, I here unto set my hand
and e seal of sai Coort at Carlisle, Pa.
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LINDA N. MALONE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 00-8725
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVil PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
James C. Malone
Nicholas L. Malone
Jay Adam Malone
Benjamin M. Malone
November 15, 1985
February 18, 1986
November 17, 1988
September 17, 1992
Father
Father
Mother
Mother
2. A second Custody Conciliation Conference was held on March 19, 2001, with the
following individuals in attendance: the Mother, Linda N. Malone, and her counsel, Ann E.
Rhoads, Esquire; the Father, Christopher J. Malone, and his counsel, Joan Carey, Esquire,
and David lopez, Esquire.
3. The parties reached an agreement in the form of an Order as attached.
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Melissa Peel Greevy, Esquire
Custody Conciliator
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
,
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVIL TERM
ORDER OF COURT
AND NOW, this \11~ day of May, 2002, following a hearing on the merits. I
adjudicate Christopher J. Malone in contempt of this court's custody order of January 3.
2002. Disposition is deferred on condition that defendant shall comply with the terms
and conditions of the custody order, and further participate in such counseling, together
with plaintiff, as shall be recommended and provided by Cumberland County Children
and Youth Services.1
Dennis J. Shatto, Esquire
For Plaintiff
Edgar B. Bayley, J.
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Christopher J. Malone, Pro sa
212 S. Front Street
Wormleysburg, PA 17043
Emily Thumma
Cumberland County Children and Youth
:saa
I There is currently a crisis situation involving Nicholas l. Malone, born February
18, 1987. This order requires strict compliance with the current custody order.
Upon any failure of defendant to comply, plaintiff may petition the court for final
disposition.
EXHIBIT
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! verify that the statements made in the foregoing document
are t~ue and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this ~~ day of G~~ , 2001, upon consideration of
the attached Custody Conciliation Summary Report, the following Order is entered with regard
to the custody of the parties' Children, James C. Malone, born November 15, 1985; Nicholas
L. Malone, born February 18,1986; J. Adam Malone, born November 17,1988; and Benjamin
M. Malone, born September 17,1992.
1. legal Custody. The parties, Linda N. Malone and Christopher J. Malone, shall have
shared legal custody of the minor Children. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting
the Children's general well-being including, but not limited to, all decisions regarding their
health, education and religion. Pursuant to the terms of Pa. C. S. 9 5309, each parent shall be
entitled to all records and information pertaining to the Children including, but not limited to,
medical, dental, religious or school records, the residence address of the Children and of the
other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
2. Physical Custody. The Father shall have primary physical custody of James C.
Malone and Nicholas L. Malone. The Mother shall have primary physical custody of J. Adam
Malone and Benjamin M. Malone.
3. The Father shall have partial physical custody of J. Adam Malone and Benjamin M.
Malone according to the following schedule:
A. Every other weekend beginning January 26, 2001, from Friday at 6:00
p.m. until Sunday at 6:00 p.m.; on alternating Wednesday evenings
beginning January 31,2001, between 6:00 p.m. and 8:30 p.m.; and at
other such times as the parties may agree.
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No. 00-8725
4. The Mother shall have partial physical custody of James C. Malone and Nicholas L.
Malone according to the following schedule:
A. Every other weekend beginning February 2, 2001, from Friday at 6:00
p.m. until Sunday at 6:00 p.m.; on alternating Wednesday evenings
beginning February 7,2001, between 6:00 p.m. and 8:30 p.m.; and at
other such times as the parties may agree.
5. The parents agree to encourage the Children to go with the other parent for their
custodial visits. The parents agree to make custody arrangements around the Children's
extracurricular and other planned activities, as they presently exist. In the event that the
Chi,ldren wish to participate in additional sports or activities which would interfere with the
custodial schedule, the parents shall discuss this before making arrangements to enroll the
Children in another activity.
6. The Mother and Father shall share custody on holidays and the Children's birthdays
at times to be agreed upon by the parties. The parties may further develop this agreement
with the use of counsel. In the event that the parties are not able to agree on a holiday
schedule, the parties may return to the Custody Conciliator to work out a shared plan.
7. The Mother and Father shall each have a right to two uninterrupted weeks of
vacation with the Children which may be exercised in the summer or during the school year
provided that no school days shall be missed for vacation time. Each parent shall give the
other at least a four-week notice as to the weeks chosen for vacation. In the event that the
parents have chosen vacation time which overlaps with or duplicates the other's vacation
schedule, the party first providing written notice to the other parent shall be entitled to use the
week chosen. Each parent shall give the other the phone number and address where the
Children can be reached during vacation time.
8. The Mother and Father, by mutual agreement, may vary this schedule at any time,
but the Order shall remain in effect until further Order of Court.
9. Each parent shall keep the other informed of his or her current address and
telephone number.
10. The Mother and Father shall notify the other immediately of medical emergencies
which arise while in any Child is in that parent's care. Each parent will notify the other of all
medical care that the Child receives while in that parent's care.
~~~~
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No. 00-8725
11. The parties have recognized their Children's well-being is paramount to any
differences they may have between themselves. Therefore, neither party shall do anything
which may estrange the Children from either parent or injure the opinion of the Children as to
the other parent or which may hamper the free and natural development of the Children's love
and respect for the other parent.
12. Because of tensions that exist between the parties, the parties shall enter into co-
parent counseling to facilitate their ability to communicate solely around issues regarding the
care, custody and well-being of their Children. Additionally, there appears to be some tension
in the relationship between Mother and the oldest Child. Therefore, Mother and James shall
enter counseling to assist in the care of the Mother-Son relationship. The Counselor shall be
agreed upon by attorneys for the parties.
13. The weekend schedule as to James and Nicholas may be modified upon
recommendation of the. Counselor.
14. If it appears that the custodial plan outlined herein is not working, the parties have
agreed to Petition for Modification and return to the Custody Conciliator in an attempt to
modify the custodial plan.
15. In the event either party is unavailable to provide care for the Children during his or
her period of custody, that party shall first make a reasonable effort to contact the other party
to offer the parent the opportunity to provide care for the Child before contacting third-party
caregivers.
16. The Custody Conciliation Conference shall reconvene on Monday, April 2,
2001, at 9:00 a.m., at the office of Melissa Peel Greevy, Esquire, the Conciliator, at 214
Senate Avenue, Suite 105, Camp Hill, PA 17011. At such Conference, an effort will be made
to resolve any issues continuing to be in dispute.
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Dis!: DennisJ. Shatto, Esquire, 111 Locust Street, Harrisburg. PA 17108
Joan Carey, Esquire. MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
James C. Malone
Nicholas L. Malone
J. Adam Malone
Benjamin M. Malone
November 15, 1985
February 18, 1986
November 17, 1988
September 17, 1992
Father
Father
Mother
Mother
2. A Custody Conciliation Conference was held on January 29, 2001, with the
following individuals in attendance: the Mother, Linda N. Malone, and her counsel, Dennis J.
Shatto, Esquire; the Father, Christopher J. Malone, and his counsel, Joan Carey, Esquire, and
David A. Lopez, Esquire.
3. The parties reached a temporary Order in the m as attached.
Fa 6; Z-{)iJ )
Me Issa Peel Greevy, Esquire
Custody Conciliator
Date
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LINDA N. MALONE
PLAINTIFF
V.
CHRISTOPHER J. MALONE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-8725 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 29th day of December, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp HiU, PA 17011 onthe 29th day of January, 2001 , at 11:00 a.m.
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.
FOR TIIE COURT,
By: Isl
Melissa P. Greevy. Esj:
Custody Conciliator -
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
CHRISTOPHER J. MALONE,
Defendant
NO. CO-?f7CJ0 ~
ORDER
You, Christopher J. Malone, Defendant, have been sued in court
to OBTAIN custody, of the children: James C. Malone, Nicholas L.
Malone, J. Adam Malone and Benjamin M. Malone.
You are ordered to appear in person at
, on
for
, at
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o a conciliation or mediation conference.
o a pretrial conference.
o a hearing before the court.
If you fail to appear as provided by this order, an order for
custody, partial custody or visitation may be entered against you
or the court may issue a warrant for your arrest.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
800-999-9108
AMERICAN 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. You must attend the scheduled conference or hearing.
BY THE COURT:
Date:
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LINDA N. MALONE,
l?laintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. (}(J-J1,;/.J' ~ ~
CHRISTOPHER J. MALONE,
Defendant
ORDER OF COURT
AND NOW,
attached Complaint, it
their respective counsel
the conciliator, at
, upon consideration of
is hereby directed that the parties
appear before
the
and
on
the day of ,20 ,at .m., 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.
FOR THE COURT:
By:
Custody Conciliator
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. You must attend the scheduled conference or hearing.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
800-999-9108
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LINDA N. MALONE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. tJ1J - S'7 ,16 ~ 1...lA.A-
CHRISTOPHER J. MALONE,
Defendant
COMPLAINT FOR CUSTODY
1. The plaintiff is Linda N. Malone, residing at 752 State
Street, 2nd Floor, Lemoyne, Cumberland County, Pennsylvania, 17043.
2. The defendant is Christopher J. Malone, residing at 212
South Front Street, Wormleysburg, Cumberland County, Pennsylvania,
17043.
3 . Plaintiff seeks custody of the following children:
Name Present Residence Age
James C. Malone 212 S. Front Street, Wormleysburg, PA 17043 15
Nicholas L. Malone 212 S. Front Street, Wormleysburg, PA 17043 13
J. Adam Malone 752 State Street, 2nd Fl. , Lemoyne, PA 17043 11
BenjaminM. Malone 752 State Street, 2nd Fl. , Lemoyne, PA 17043 8
The child~en were not born out of wedlock.
The children are presently in the custody of the parent
indicated below, at the address indicated above.
During the past five years, the children have resided with the
following persons and at the following addresses:
List of All Persons
Address
Dates
Christopher J. Malone
Linda N. Malone
James C. Malone
Nicholas L. Malone
J. Adam Malone
Benjamin M. Malone
212 South Front Street
Wormleysburg, PA 17043
10/1989-
10/2000
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The mother of the children is Linda N. Malone, currently
residing at 752 State Street, 2nd Floor, Lemoyne, Pennsylvania,
17043.
She is married.
The father of the children is Christopher J. Malone, currently
residing at 212 South Front Street, Wormleysburg, Pennsylvania,
17043.
He is married.
4. The relationship of plaintiff to the children is that of
mother.
The plaintiff currently resides with the following
persons:
Name
Relationshio
J. Adam Malone
Benjamin M. Malone
Son
Son
5.
The relationship of defendant to the children is that of
The defendant currently resides with the following
father.
persons:
Name
Relationship
James C. Malone
Nicholas J. Malone
Son
Son
6. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of
the children in this or another court.
- 2 -
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth or
any other state.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the children
will be served by granting the relief requested because Plaintiff
has acted as the primary caretaker for the children ever since
their birth, and is better suited to care for their needs and tend
to their proper upbringing.
8. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of the
children have been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant custody of
the children.
Respectfully submitted,
By
CLECKNER AND FEAREN
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Denn1s J. Shatto, Esquire
PA Attorney ID #25675
111 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
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VERIFICATION
I verify that the statements made in the foregoing Motion are
true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject
to the penal ties of 18 Pa. C. S. !;l 4904, relating to unsworn
falsification to authorities.
Date: December It?, 2000
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVil TERM
AND NOW, this
ORDER OF COURT
i ~ I-- day of December, 2000, this custody case is
referred to conciliation without our holding a hearing on the within motion for special
relief.
Dennis J. Shatto, Esquire
For Plaintiff
Joan Carey, Esquire
For Defendant
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MAR 1 5 2004 ~
LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725 CIVil TERM
v.
CIVil ACTION - lAW
CHRISTOPHER J. MALONE,
IN CUSTODY
Defendant
BAYLEY, J. ---
ORDER OF COURT
AND NOW, this I ~t1I day of March, 2004, upon consideration of the attached
Custody Conciliation Summary Report, and it appearing that the parties are in need of a
hearing, the following Order is entered:
1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County
Courthouse, on the :l/J& day of -IJ fJJ ,2004, at II: 00 o'clock --.!!..M.,
at which time testimony will be taken on'Mother's Petition for civil contempt for disobedience
of a Custody Order. In light of this Court's Order May 17, 2002, said hearing will address
the disposition of the adjudication of contempt for Christopher J. Malone with regard to this
Court's Order of January 3, 2002. Additionally, the hearing shall address the allegations of
the Petition filed on February 4, 2004. For the purposes of the hearing, the Mother, Linda
N. Malone, shall be deemed to be the moving party and shall proceed initially with
testimony. . Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on contempt,
exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of the
anticipated testimony of each witness. These memoranda shall be filed at least ten (10)
days prior to the hearing date.
. BYTH~rtrJ ..
~v '1~~~
Edgar B. Bayley, J.
Dis!.: Dennis J. Shatto, EsqUire, 119 Locust Street, PO Box 11847, Harrisburg, PA 17108-1847
Christopher J. Malone, 223 First Street, New Paris, PA 15554
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725 CIVil TERM
v.
CIVil ACTION - lAW
CHRISTOPHER J. MALONE,
IN CUSTODY
Defendant
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 children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Nicholas L. Malone
J. Adam Malone
Benjamin M. Malone
February 18, 1987
November 17,1989
August 28, 1992
Mother
Mother
Mother
2. A Custody Conciliation Conference was scheduled for March 8, 2004 following
Mother's filing of a Petition for Civil Contempt for Disobedience of a Custody Order on
February 4, 2004. Attending the conference were: the Mother, Linda N. Malone, and her
counsel, Dennis J. Shatto, Esquire; the Father, Christopher J. Malone, appeared pro se.
3. Mother's position on the Petition for Contempt is as follows: Mother reports
that Father picked up Nicholas on January 31, 2004 and returned him only after she
contacted police. She reports that the child told her that he was not able to return because
the Father's truck broke down. Additionally, she reports that Nicholas was kept overnight at
the Father's residence in Bradford County the weekend of February 7, 2004. The present
Order of January 2, 2002 does not allow overnights period of custody with Father. Mother
believes that Father initiated this contact with the child after no contact at all for a period of
one year, because of the potential for him to be called as a witness with regard to the
disposition of certain marital assets. It would be Mother's preference that the child have no
contact with Father prior to the March 18, 2004 hearing before the Divorce Master so that
there would not be any potential for the child to be influenced by Father. Mother reports that
Father has had no contact with the younger children for a period of in excess of one year
and that only after the hearing before the Divorce Master did Father initiate contact with
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NO. 00-8725 CIVil TERM
Nicholas. Because this Court had previously ordered that Father strictly comply with the
terms of the Custody Order, and delayed disposition of the matter on another occasion in
May 2002, Mother would like the Court to address both occurrences of alleged contempt on
Father's part. Mother reports that when Nicholas came home from his Father's residence
that she discovered that he had marijuana in a prescription bottle with his Father's name on
it. She contacted the police and apparently had the child arrested.
4. Father's oosition on the Petition for Contemot is as follows: Father reports that
he now lives in Bradford County, approximately two and one-half (2%) hours drive from
Mother and the younger three children. Father denied having anything to do with the child
coming to his residence on the weekend of January 31, 2004 through February 2, 2004.
Father claimed that the child got a ride from a friend who dropped him off at his residence
on Saturday night. Father reports that he did not know the child was there until Sunday
morning and claims that he told the child to call his Mother to let her know where he was.
Father reports that he had no money to take him home although he acknowledges that he
had a responsibility to return him under the terms of the present Order. Father stated that
he did not call Mother himself because they do not talk. Father claims the only way the child
got home was not because of the police involvement but because he and his girlfriend
borrowed money in order to be able to get Nicholas. back to his Mother. Father states that
he does not intend to exercise any periods of partial custody provided in the present Order
unless Mother is willing to permit overnights periods of custody. Father also reports that
Nicholas was at his house several times over last Summer and claims that since Nicholas
has been in his Mother's care that his behavior at school has declined and he has been
getting in trouble with the law. At the Conciliation, Father indicated that he wanted to
petition for custody of Nicholas. The Conciliator informed him that he could file a petition if
he wanted to pursue that. Father reported that he did not have the means to do so. After
the Conciliator indicated that it appeared the parties would be in need of a hearing for
Mother's Petition for Contempt and disposition of the prior Petition for Contempt, Father got
up and left the room and did not return.
elissa Peel Greevy,
Custody Conciliator
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVil TERM
ORDER OF COURT
AND NOW, this 23'd day of March, 2004, the custody hearing currently scheduled
for April 2, 2004, is cancelled and rescheduled to Friday, April 16, 2004, at 11 :00 a.m.,
in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
~~~
Edgar B. Bayley, J.
vOennis J. Shatto, Esquire
For Linda N. Malone
../christoPher J. Malone, Pro se
223 First Street
New Paris, PA 15554
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVIL ACTION - LAW
CUSTODY
Bayley, J.-
INTERIM ORDER OF COURT
AND NOW, this J/& day of October, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Pending further Order of Court, or an agreement of the parties, this Court's Order of
March 27, 2001, shall be modified as follows:
A. Mother, Linda N. Malone, shall have primary physical custody of J. Adam
Malone, Benjamin M. Malone and Nicholas L. Malone. Father shall have
primary physical custody of James C. Malone.
B. Father's weekend partial custodial time of the three youngest chlildren
shall be from 8:00 a.m until 8:00 p.m. on Saturday and 8:00 a.m until 7:00
p.m. Sunday of his custodial weekend.
C. Mother shall participate in family counseling with James C. Malone.
D. The parties shall participate in co-parent counseling for a minimum of
eight sessions with the goal of improving parental communication and
cooperation in the parenting of their Children.
E. In the event that Father is thirty minutes or more late for a period of partial
custody, Mother shall be free to make other plans with the Children
without the necessity of waiting for Father beyond that period of time.
2. A hearing is scheduled before the Court in Courtroom Number 2 of the Cumberland
CountyCourthouse,onthe Id-i' dayof ~ ,2001,at 1~3o o'c1ock~.M.,
at which time testimony will be taken. For the purposes of the hearing, the Mml'ier, Linda N.
Malone, shall be deemed to be the moving party and shall proceed initially with testimony.
Counsel for the parties or the parties pro se shall file with the Court and opposing
counsel/party a memorandum setting forth each party's position on custody, exhibits, a list of
witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the
hearing date.
No. 00-8725 - Civil Term
Dis!:
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Dennis J. Shatto. Esquire, PO Box 11847. Harrisburg, PA 17108-1847
Christopher J. Malone, 212 S. Front Street, Wormleysburg. PA 17043
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LINDA N. MALONE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-8725
vs.
CHRISTOPHER J. MALONE,
Defendant
CIVil ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
James C. Malone
Nicholas L. Malone
J. Adam Malone
Benjamin M. Malone
November 15, 1985
February 18, 1987
November 17, 1989
August 28, 1992
Father
Father
Mother
Mother
2. A Custody Conciliation Conference was held on October 9, 2001, with the following
individuals in attendance: the Mother, Linda N. Malone, and her counsel, Dennis J. Shatto,
Esquire; the Father, Christopher J. Malone, who appeared pro se.
3. The parties were seen for the Conference on October 9, 2001, upon Mother's
Petition to Modify Custody because of her concern about the living conditions and level of
supervision in Father's home. The parties were not able to reach an agreement as to all
issues and, therefore, are in need of a hearing to address Mother's Petition.
4. Issues on which the parties agreed: There is significant estrangement in the
relationship between Mother and James, therefore family counseling is appropriate to be
provided for Mother and son, James. The parties are certainly in need of co-parent counseling
as well and agreed to participate therein. The parties were also in agreement that if one party
is thirty minutes or more late for a custodial pick-up, that party should forfeit their custodial
time.
5. Mother's position: Mother is seeking to have her son, Nick, in her primary custody.
She claims that he is failing in school despite a history of having received academic awards for
improvement in the 1998-1999 school year. Mother has produced reports indicating that Nick
was tardy eighteen of twenty-two days of school in the first marking period.
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No. 00-8725 - Civil Term
Additionally, she is concerned that he has been arrested for shoplifting and that the parties'
son, James, is presently on probation for criminal mischief. She is greatly concerned that
there is a lack of supervision of the Children, particularly after Father goes to sleep at night,
and that the Children are sneaking out at night and being allowed to stay up excessively late at
night. Mother also reports that the younger Children have been dropped off at football games
and left without supervision only to have to walk home at times. Mother's concerns regarding
supervision include a concern that the daughter of Father's present paramour is, at age
twelve, allowed to smoke cigarettes and is describing to the parties' nine year old how to
smoke marijuana. Following the visits at Father's house, she claims the Children return
without having bathed or brushed their teeth for the entire weekend. She also reports that
Father allows them to ride without seatbelts in his truck because there are more Children than
there are seatbelts in the truck. Mother reports that Father puts the Children in the middle
between them and has made comments to them that if they do not want to live with her they
can run away from home in a few years. She also states that he has threatened to not return
the younger Children at the ends of his periods of custody. She also complains that he is
frequently late to return the Children on his custodial weekend.
6. Father's position: Father claims that he has addressed the problems that Nick was
having with being tardy at school by driving him to school each day. However, Father has not
checked back with the school to find out whether, in fact, Nick is making it to class on time.
Father denies putting the Children in the middle by discussing changes of custody in the
presence of the Children. He does admit that he is losing his position of authority with
Nicholas, in particular, and admits that in the recent past he has asked Mother to take custody
of Nicholas for at least a temporary period of time. At the time of the Conference, Father also
stated that he was expecting to undergo surgery the week of October 16, 2001. The surgery
was necessary because of a bone fragment impending on a spinal nerve. He admits that he
is taking numerous narcotic pain relievers and muscle relaxers. Father generally denies
interfering with Mother's custodial rights but claims that the Children do not want to go to be
with Mother on the scheduled custodial times. Father acknowledges his girlfriend's daughter
apparently has "a problem" and is suspected of using drugs. He denied any knowledge that
she was instructing the parties' younger sons in the methods to smoke marijuana.
7. The parties were not able to reach an agreement as to any changes in the custodial
arrangement; therefore, the Conciliator deems this matter appropriate to be scheduled for a
hearing before the Court. During the course of the Conciliation Conference Father was labile,
his mood fluctuating from tearful to angry. At one point he made statements that indicated
that he was resigned to allow Mother to modify custody with regard to her proposal to assume
primary custody of Nicholas. However, he was not consistent in his stance on this matter. In
light of the fact that Father reported taking substantial amounts of narcotics at the time of the
Conference, the Conciliator was unsure that Father was in the condition to be making such
serious judgments or in the best position to provide for the primary custody of his Children.
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No. 00-8725 - Civil Term
8. In light of the above, the Custody Conciliator provides the attached Interim Order of
Court as a recommendation pending a hearing before Judge Bayley.
Date
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LINDA N. MALONE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVIL TERM
ORDER OF COURT
AND NOW, this ~day of May, 2002, following a hearing on the merits, I
adjudicate Christopher J. Malone in contempt of this court's custody order of January 3,
2002. Disposition is deferred on condition that defendant shall comply with the terms
and conditions of the custody order, and further participate in such counseling, together
with plaintiff, as shall be recommended and provided by Cumberland County Children
and Youth Services.1
~ennis J. Shatto, Esquire
For Plaintiff
.)dt1ristopher J. Malone, Pro se
212 S. Front Street
Wormleysburg, PA 17043
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,/Emily Thumma
Cumberland County Children and Youth
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I There is currently a crisis situation involving Nicholas L. Malone, born February
18, 1987. This order requires strict compliance with the current custody order.
Upon any failure of defendant to comply, plaintiff may petition the court for final
disposition.
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LINDA N. MALONE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTOPHER J. MALONE,
DEFENDANT
00-8725 CIVil TERM
ORDER OF COURT
AND NOW, this 8th day of April, 2004, the custody hearing currently scheduled
for April 16, 2004, is cancelled and rescheduled to Wednesday, May 5, 2004, at 1 :30
p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
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v6ennis J. Shatto, Esquire
For Linda N. Malone
vChristoPher J. Malone, Pro se
223 First Street
New Paris, PA 15554
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LINDA N. MALONE,
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V.
CHRISTOPHER J. MALONE,
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: IN THE COURT OF COMMON PLEAS OF
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: 00-8725 CIVil TERM
ORDER OF COURT
AND NOW, this 5th day of May, 2004, following a hearing on a Rule to show
cause why defendant, Christopher J. Malone, should not be adjudicated in contempt of
a custody order, the Rule IS DISMISSED.
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.Afennis J. Shatto, Esquire
For Linda N. Malone
~-ristopher J. Malone, Pro se
223 First Street
New Paris, PA 15554
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