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NICIIOLAS R. OOTH, . IN THE CXlURT OF <X:\'olMOO PLEAS OF
.
Plaintiff : CUMBERLAND COONTY, PENNSYLVANIA
.
.
va. . NO. 99-2212 CIVIL TERM
.
ELIZABETH A. PETONYAK, CIVIL ACTION - LAW
Defendant :
CIUlBR OF CXXlRr
AND tUf, this ~'1" clay of ~~~ , 1998, upon
consideratial of the attached CUstody Conciliation Report, it is ordered
and directed as follows:
1. A Hearing is scheduled in Court .Room No. Lj , of the
Cumberland Coun~y ~ourt HOuse, on the I C In day of /J.".. Tn I: " .J ,
1'/9 '7 , at I'd() O'clOCk, {f..m., at which time testimony will be taken.
For purposes of this Hearing, the Father, Nicholas R. Orth, shall be deemed
to be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's POsition on custody, a list of witnesses who are
expected to testify at the Hearing, and a summary of the anticipated
testimony of each witness. 'ltlese Memoranda shall be filed at least 10 days
prior to the Hearing date.
2. 'ltle parties shall partiCipate in a course of counseling with a
prOfessional to be selected by agreement of the parties and counsel. The
PUrpose of the counseling shall be to assist the parties in developing
direct comnunication and the ability to COOperate in managing an ongoing
custody schedule.
3. Pending further Order of Court or agreement of the parties, the
prior Order of this Court dated April 21, 1999 shall continue in effect.
4. 'ltle parties shall share having custody of the Child on
Thanksgiving and Christmas in accordance with the following schedule:
A. CllRISDIAs: The Father shall have custody of the Child on
Christmas Eve from 3:00 p.m. until 9:00 p.m. and on Christmas
Day from 10:00 a.m. until 3:00 p.m. The Mother shall have
custody of the Child from 9:00 p.m. on Christmas Eve until
10:00 a.m. on Christmas Day and also from 3:00 p.m. until
9:00 p.m. on Christmas Day.
B. THANKsGIVING: The Thanksgiving holiday shall be divided into
Segment A, which shall run from 8:00 a.m. until 2:00 p.m. on
Thanksgiving Day, and Segment a, which shall run from 2:00
p.m. until 8:00 p.m. on Thanksgiving Day. The Mother shall
have custody of the Child during Segment A in even numbered
years and during Segment a in odd numbered years. The Father
shall have custody of the Child during Segment A in odd
NICIIOLAS R. ORTH,
Plaintiff
:
.
.
IN THE CXlURT OF cx::t'1loIOO PLEAS OF
CUMBERLAND COONTY, PENNSYLVANIA
NO. 99-2212 CIVIL TERM
VB.
ELIZABETH A. PETONYAK,
Defendant
.
.
: CIVIL ACTION - LAW
:
PRI~ JtlDCB: Kevin A. IIesa
aJS1tJlY CXH:ILIATIOO Sl.tIW{y RBPCRr
IN ACXDIDAIQ wrm CUIIlERLAND cxumc RULE <F CIVZL PIlOCIlI:XlRB
1915.3-8, the undersigned Custody Conciliator submits the fOllowing report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
~
Dru Elizabeth Orth
DM'B OF BIRTH OlRRPM'LY IN aJSTCDY OF
SeptenDer 23, 1996 Father/Mother
2. A COnciliation Conference was held on September 21, 1999, with the
following individuals in attendance: The Father, Nicholas R. Orth, with
his counsel, Bradley L. Griffie, Esquire, and the Mother, Elizabeth
Petonyak, with her counsel, Joan Carey, Esquire and Paula Burkett.
3. This Court previously entered an Order dated April 21, 1999 on a
Petition for Special Relief providing for the parties to share having
physical custody of the Child on an alternating weekly basis. The Father
seeks primary physical custody of the Child. As the parties were not able
to reach an agreement at the Conference, it will be necessary to schedule a
Hearing on the issue of primary or shared physical custody.
4. 'ltle Father's position on custody is as follows: The Father
believes it would be in the Child's best interest to reside primarily with
him. According to the Father, the Child collles back to him after periods of
custody with the Mother. with a very bad disposition. The Father believes
the Child is exposed to fighting between the Mother and her boyfriend and
between the Mother's brother, with whom she currently resides, and his
girlfriend. The Father also expressed concern about the Child's exposure
to her maternal grandfather, whom the Father also believes was residing in
the same household with the Mother. The Father stated that he can provide
more stability for the Child and a better home environment. The Father
acknowledged that the parties have serious difficulty in communicating with
each other and indicated he felt it would be necessary to involve a
counselor in order to improve the situation.
5. The Mother's position on custody is as follows: The Mother
believes it would be in the Child's best interest to either continue the
alternating weekly shared custody schedule or to transfer primary physical
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NICHOLAS R. ORTH,
Plaintiff
vs.
IN THE COURT or COMMON PLEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-2212 CIVIL TERM
: IN CUSTODY
ELIZABETH A. PETONY AK,
Defendant
PETITION FOR CONTINUANCF.
Bradley L. Griffie, Esquire, and pelilions the Court as follows:
AND NOW eomes Petitioner, Nieholas R. Orth, by and through his counsel of record,
I. Your Petitioner is the above-named Plainliff, Nicholas R. Orth who is represented
by Bradley L. Griffie, Esquire.
2. Your Respondent is the above-named Defendant, Elizabeth A. Petonyak who is
represented by Legal Services, Inc.
3. The parties are subjeclto an Order of Court dated September 29, 1999, (SIC) a
copy of which is attached hereto and incorporated herem by reference as Exhibit "A."
4. Following the Custody Conciliation Conference in this matter, a hearing was
scheduled before the Court, as noted on the aforesaid Order, for Friday September 10, 1999 at
1:30 p.m.
5. In the initial preparalion belween Petitioner and his counsel for the hearing in this
matter, it has become apparent that there may be as many as four or five substantive witnesses to
testify on behalf of the Petitioner, in addition to the Petitioner, in these proceedings.
6. It is anticipated that the hearing will not be able to be concluded in the three hour
time frame designated for the hearing as presently scheduled,
7. It is in the best interest of judicial economy, of the parties, and most importantly,
of the child at issue, to have a concise one-day hearing rather than having a disjointed hearing
that is heard partially one day and partially another day, several weeks or even months later.
8. Pctitioncr, who is thc moving party in this matter, would be severcly prejudiccd if
hc is rcquircd to prcscnt a portion of his case on Friday, December 10, 1999 and the balancc of
his case some wecks or months latcr whcn Rcspondent prescnts her casc.
9. As exprcsscd by Rcspondcnt at thc Custody Conciliation, she "bclicves it would
be in thc Child's best intcrcst to either continue the altemating wcckly shared custody schcdule
or transfcr primary physical custody to hcr,"
1 O. A continuancc of this hcaring to a latcr date whcn the hearing could bc held for a
full day would causc the present Ordcr and arrangemcnts for physical custody to continuc on the
alternating wcekly shared physical custody schedule, as Mothcr indicated would be in the child's
best intcrest.
11. Thc Thanksgiving and Christmas holiday pcriods were covered in thc Order
which is attached hereto as Exhibit A and, therefore, thcrc docs not need to be any negotiations
or Orders entered to allow this hearing to bc rescheduled in January, 2000.
12. Counscl for Petitioner has requested concurrence in this request from counsel for
Respondent, who adviscs that Respondent will not agree to a continuance of this matter.
WHEREFORE, Petitioner requests your Honorable Court to continue the hearing
presently scheduled for December 10, 1999 at I :30 p.m. to a later date.
Respectfully submitted,
riffie,; squire
y for Plaintiff
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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NICHOLAS R, ORTH,
Plaintiff
IN THE COURT OF COMMON PELAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
qt}. ;1,]12 &.:-.,:/ 0-
ELIZABETH A, PETONY AK.
Defendant
NO. CIVIL
IN CUSTODY
PETITION FOR SPECIAL RELIEF PURSUANT TO
PENNSYLVANIA RULE CIVIL PROCEDURE 1915.13
AND NOW, comes Petitioner. Nicholas R. Orth, by and through his counsel,
Bradley L, Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is the above named Plaintiff, Nicholas R, Orth, an adult
individual currently residing at 1001 North Middleton Road, Carlisle, Cumberland County.
Pennsylvania,
2. Your Respondent is the above named Defendant, Elizabeth A. Petonyak, an adult
individual currently residing at 155 South East Street, Carlisle, Cumberland County,
Pennsylvania,
3. The parties are the natural parents of one (I) child, namely, Dru Elizabeth Orth,
born September 23, 1996.
4. Contemporaneously with the filing of this Petition for Special Relief, Petitioner
filed a Complaint for Custody through the Cumberland County Prothonotary's Office
requesting that a Conciliation Conference be scheduled in this matter.
5, Since the child's birth. the parties have shared in caretaking responsibilities for
the child,
6. In January 1999, Respondenl, who at that time had shared or primary physical
custody of the child sincc the time of the panies' separation in October 1998, turned the
child over to the Petitioner to provide the primary care for the child,
7. Since mid-January 1999, Petitioner has had primary physical custody of the child
and Respondent's periods of time with the child were limited, by Respondent's choicc, to
approximately four (4) daytime visits during the past three months.
8, Respondent has changed residences and boyfriends over the past several months
and is now living with an individual by the name of Christopher Williams, Jr.
9. Petitioner believes that Christopher Williams, Jr, has an extensive criminal record
and that his criminal record is indicative of his life-style which is not conducive to the
raising of Petitioner's two (2) year old daughter,
10. Respondent has exhibited an inability or lack of desire to provide for the basic
needs of the child and, in panicular, has had extremely limited contact with the child over
the past three months, has shown an intention to allow the Petitioner to provide for the
primary care of the child and has provided little guidance or care for the child.
11, Petitioner has provided for the stable childcare arrangements by having his
grandmother (the child's paternal great-grandmother), Kathryn Mixell, provide child care for
the child.
12. The only established childcare provider for the child since the child's binh has
been Kathryn Mixell, the child's paternal great-grandmother,
13. As the panies have done over the past three months, Petitioner authorized the
Respondent to have the child with her for Thursday afternoon, April 8, 1999, for a period of
physical custody,
14. Respondent picked the child up from thc babysillcr bctwccn 2:00 and 3:00 p,m, ~
on Thursday, AprilS, 1999.
IS. At approximatcly 8:00 p.m. on Thursday cvening, April S, 1999, Rcspondcnt's
boyfricnd c:alled the patcrnal great-grandmother advising her that the child will not be
returned despite the parties' prior agrccment.
16. Respondent's boyfriend had initially failed and refused to allow even tclephone
contact between Petitioner and the child despite the fact that the child wished to bc home
with her Father.
17. Respondent's boyfriend denied telephone contact between Petitioner and the
Respondent.
IS, Ultimately, Petitioner was able to speak with his two and a half (2'/,) year old
daughter who ask the Petitioner to be allowed to come back home,
19. On the night of April S, 1999, when Respondent refused to return the child to
the Petitioner, the child did not even spend the night with Respondent but, rather, spent the
night with Respondent's mother in that the Respondent failed to return to her mother's
residence to pick up the child,
20. On the morning of Friday. April 9. 1999, Respondent again failed to go to her
mother's residence to pick up the child as agreed,
21. Ultimately, on the evening of Friday, April 9, 1999, the maternal grandmother
physically returned the child to the Respondent by taking the child to Respondent's
residence.
22, It is believed and, therefore. averred that the present situation where the
Respondent took the child and has retained physical custody of the child, refusing contact
between the child and the father, was instigated due 10 the fact that Father has retained legal
counsel in an attempt to reach a written agreement concerning cUSlody of the child,
23. Petitioner has never requested nor received any support from the Respondent for
the child for the period of time that he had physical custody oflhe child,
24. Petitioner has been the sole responsible party 10 provide for the material and
financial needs of the child since birth.
25, During the period of time from October 1998 until January 1999, a period of
time when the child was in Respondent's primary care, Petitioner had extensive contact with
the child having the child three (3) to four (4) times per week and usually maintaining
physical custody of the child overnight.
26. There is no Order regarding physical or legal custody of the child in this case
which has resulted in the child being abducted by the Respondent as aforesaid,
27. The Court's intervention, at this point, is necessary in order to avoid a situation
of this young child being pulled back and forth between the two (2) parents,
28. The Court's intervention is necessary in that Respondent has indicated though
counsel that she will only allow extremely limited contact between Petitioner and the child
pending a Conciliation in this matter and, further, that this would only be pennitted upon
written confinnation that Petitioner would abide by the limited contact schedule that
Respondent proposes.
29. Petitioner believes and, therefore, avers that he is the only party available to
provide a stable situation for the child and, more importantly, that the child is in hann's way
while she is in Respondent's care, particularly when she is around Respondent's boyfriend.
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NICHOLAS R, ORTIl.
Plaintiff
VI.
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSL YV ANIA
: CIVIL ACTION . LAW
: NO, 99.2212 CIVIL TERM
: IN DIVORCE
ELIZABETIl A. PETONYAK,
Defendant
CERTIFICA TE OF SERVICE
I certifY that I sent a true and correct copy of the Plaintilrs Petition for Special
Relief to Defendant's counsel of record:
JOAN CAREY, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
by first class mail, postage prepaid on lfe;r. 1 d. '1 , 1999,
when shc is scheduled to pick the child up without notice. She routincly has the child less than a
full week during the period when shc is to havc thc child for her week.
Due to hcr extrcmc instability, hcr drug and alcohol involvemcnt, hcr inability to
maintain employmcnt, her prescnt involvemcnt with an individual who has a long criminal
record and is physically abusive toward her and various other related negatives on her side, it is
quite evident that Dru should bc in the Father's primary physical custody. Father is gainfully
employed and has always provided for the child. Father has always provided for the day to day
needs and care for the child. Father and his extended family are available to provide the child
with family care and has done so since the child's birth.
Under the circumstances, without question the best arrangement is for the child to be
placed in Father's primary physical custody, providing some type of partial custody to Mother,
such as every other weekend and possibly some weekday time.
2. Witnesses
Nicholas R. Orth: Mr, Orth will testify to how he has provided for the child and how the
mother has shown an apparent inability to provide for the needs of the child as well as
other positive aspects of his life with the child and negative aspects of mother's life.
Barbara Thomas: Ms. Thomas is Mother's mother who will take the position that it is in
the child's best interest to be in Father's primary physical care. She will testify to
threats against her life by Mother's boyfriend, her daughter's drug involvement, and
other inappropriate conduct, and as well as the tremendous care provided for the child
by Father.
Kathryn Mixell: Ms. Mixell is Father's grandmother, thus the child's great grandmother,
who provldcs child care for the child whcn Mr. Orth is working. Ms. Mixell is aware
of the tremcndous care that Father provides for Dru and his strong rclationship with
the child. She is also aware of the limitcd relationship between mother and daughter,
as well as Mother's instability.
Barbara Osborne: Ms. Osborne is Father's mother. She has in the past and will continue 10
provide care for the child. She will testify 10 what shc sees as a strong loving
relationship between Father and his daughter and the somewhat limited relationship
between mother and daughter.
Donald Orth: Mr. Orth is Father's father. He will testify to the strong relationship between
the child and Father as well as evidence of Mother's drug involvement that he has
witnessed.
Chris & Kate Orth: Mr. & Mrs. Orth are Father's brother and sister-in-law. They will
testify 10 Ihe appropriate care that Father has provided for the child and his strong
relationship with the child as well as the somewhat limited relationship that Mother
has with the child. Kate Orth will also testify to the mother's loss of employment at
Krnart which occurred at a time when she was caught stealing merchandise from the
store as an employee and will also testify to Mother's admitted drug involvement and
addiction.
Amanda Shipman: Ms. Shipman is Mr. Orth's fiancee. She will testifY to her relationship
with Father and the child and Father's devotion to the child. She will also testifY to
the violent conduct of Mother's boyfriend toward Father.
NICHOLAS R. ORTII,
PlalnllrrlRe.pondenl
IN TIfE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
No. 99-2212 CIVIL TER
ELIZABETH A. I'ETONY AK,
DefendanllPelllloner
IN CUSTODY
ORDER OF COURT
AND NOW, .20_. upon consideration of the altached Petition to Modify
Custody, it is hereby directed that the parties and their respective counsel appcar before
. the conciliator. at
on the
day of
,2001_. at
o'clock.
_.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
pennanent 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 infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court. please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
altend the scheduled conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Office ofthe Court Administrator
Cumberland County Court House, Fourth Floor
Carlisle. P A 17013
(717) 240-6200
NICHOLAS R. ORTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELIZABETH A. PETONYAK,
Defendant
NO. 99-2212 CIVIL TERM
IN RE: PETITION FOR CUSTODY
ORDER OF COURT
AND NOW, this 14th day of January, 2000, this
matter having been called for hearing, in light of the
proffer of the plaintiff, it is ordered and directed that
primary legal and physical custody of the child, Dru
Elizabeth Orth, born September 23, 1996, is hereby awarded
to her father, Nicholas R. Orth, subject to rights of
partial custody in the defendant as the parties shall agree,
and if the parties cannot agree, one or the other may
request a further hearing. Pending further order,~ it is
directed that the defendant not keep the child in the
company of one Christopher Williams.
By the Court,
Bradley Griffie, Esquire
For the Plaintiff
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P..~
Hess, J.
:bg
Elizabeth A. Petonyak
46 South Bedford Street
Carlisle, PA 17013
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NICHOLAS R. ORTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 99-2212 CIVIL TERM
ELIZABETH A. PETONYAK
Defendant CUSTODY
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
Joan Carey of Legal Services. Inc" counsel of record for Defendant, Elizabeth A.
Petonyak, states the following in support of the Petition for Leave to Withdraw As Counsel:
I. Legal Services representcd Defendant. Elizabeth A. I'etonyak, hereinafter the
mother, at a Conference in chambers held pursuant to a special relief petition
/iled of behalf of Nicholas R. Orth. hereinafter the father, and an Order was
entered on April 21. 1999, granting the mother and father shared physical custody
on an alternating two week basis.
2. The order of September 29, J 999, entered after Conciliation provided that the
shared custody order of April 21, 1999, remain in effect, amended it to include a
holiday schedule. an order for counseling. and the scheduling of a hearing for
December 10, 1999.
3. Negotiations to settle the matter continued. and pursuant to a petition filed on
behalfofthe father(opposed by mother) the court continued the hearing to JanullI)'
14.1999.
4. On November 27,1999, Legal Services sent the mother the Order of Court
notifying her of the rescheduling of the hearing to January 14,2000.
~
5. In December 1999 Legal services communicated with the mother to prepare for
the hearing, including the memorandum and list of witnesses, but since December
z.,2.-- ~ 1999, the mother has not been in contact with Legal Services staff in spite of
several attempts to reach her by phone messages and written communication,
rendering our representation unreasonably difficult.
6. Mother has been noti tied by a phone message on January 12th and by letter placed
in her mailbox on January 13'h of counsel's intent to file this petition
WHEREFORE, Joan Carey and Legal Services. Inc. asks for leave to withdraw as
counsel for the Defendant. Elizabeth A. Petonyak. //
Respectful!nPbmitted.
dlrl---jJ ~l.C--<--
/ oan Carey
I LEGAL SERVICES, INC.
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NICHOLAS R. ORTH,
Plaintiff
.
.
IN THE o:lURT OF COo1MON PLEAS OF
CUMBERLAND COUN'l'lI, PENNSYLVANIA
.
.
VB.
: NO. 99-2212 CIVIL TERl1
.
.
ELIZABETH A. PETONl'AK,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
amm OF cnm
AND tOft this 1'1 ~ day of ?~ , 2001, upon
consideratial of the attached custody Conciliation/Report, it is ordered
and directed as follows:
1. pending further order of Court or agreement of the parties, the
prior Order of this Court dated January 14, 2000 shall continue in effect.
2. ~e Mother shall have Ileekly periods of supervised visitation with
the Child at the Carlisle YWCA, with the flpecific arrangements to be made
by agreement of the parties. 'ltle Mother's periodS of visitation shall be
scheduled to begin during the week of February ll, 2001, unless the
supervising agency is unable to accorrmoclate this scheduling time frame.
3. The parties and their counsel shall attend an additional CUstody
Conciliation Conference in the office of the Conciliator, Dawn S. Sunday,
on May 23, 2001, at 9:30 a.m.
BY THE OOURT,
Ad
Hess,
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cc: Bradley L. Griffie, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother
NICIIOLAS R. CJRTH, . IN THE CXlURT OF CXXolMON PLEAS OF
.
Plaintiff . CUMBERLAND CCXJN'l'Y, PENNSYLVANIA
.
.
.
vs. . NO. 99-2212 CIVIL TERM
.
.
.
ELIZABETH A. PE'l'CM!'AK , . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
PRICR JUDGE: Kevin A. IIe88
amtIlY CXR:ILIATICti SlMlARY REPCRl'
IN ACXXlUlANCE WI'l'II CD!IlI!Rr.AND <XDn'Y RULE OF CIVIL PR:' '" '11<8
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent informatioo concerning the Child who is the subject
of this litigation is as follows:
~
Dru Elizabeth Orth
DATE OF' BIRTH
CURRFNlt.Y IN CU::ilOux' OF
September 23, 1996
Father
2. A CUstody Conciliation Conference was held on February 6, 2001,
with the fOllowing individuals in attendance: The Father, NichOlas R.
Orth, with his c:ounsel, Bradley L. Griffie, Esquire, and the Mother,
Elizabeth A. petonyak, with her counsel, Karl E. Rominger, Esquire.
3. 'ltle parties agreed to entry of an Order in the form as attached.
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NICIIOLAS R. ORTH,
Plaintiff
IN THE CXlURT OF CXXoIMON PLi!:AS OF
CUMBERLAND COONTY, PENNSYLVANIA
VB.
NO. 99-2212 CIVIL TERM
CIVIL ACTION - LAW
IN CUS'roDY
ELIZABETH A. PETON:iAK,
llOfendant
<RDER oe CXXlRl'
AND tOf, this 306 day of ffi~
consideratial of the attached Custody Concil a on
and directed as follows:
, 2001, upon
Report, it is ordered
1. 'ltle prior order of this Court dated January 14, 2000 shall
continue ill effect. 'ltle Order of this Court dated February 14, 2001, is
vacated and replaced with this Order.
2. During alternating weeks, the Mother shall continue to have
periods of supervised custody with the Olild at the Carlisle YWCA on
Mondays from 3:00 p.m. until 4:00 p.m. During the interim alternating
weeks, the Mother shall have supervised custody with the Child at the
residence of Jacqueline Neidig on Mondays fran 4:00 p.m. until 8:00 p.m.,
unless the parties agree to an alternate weekday to accommodate Ms.
Neidig's schedule. In addition to the weekly Monday periods of custody,
the Mother shall also have supervised custody of the Olild at Jacqueline
Neidig's residence on one Saturday in June and one Saturday in July from
8:00 a.m. until 4:00 p.m., with the specific dates to be selected by
agreement of the parties. The parties agree that during the Mother's
periods of supervised custody at Ms. Neidig'S residence, the Mother may
remove the Child from the residence for activities outside the home without
the necessity of Ms. Neidig's presence. ~
3. The parties and their counsel shall attend an additional Custody ,.(\~?
Conciliation Conference in the office of the Conciliator, D3wn S. Sunday, '\' ~l'
on Wednesday, August 1, 2001, at 1:00 p.m. ~ ~\'O\
BY THE o:xJRT, V 7''3
,;j d-
cc: Bradley L. Griffie, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother
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NICIIOLAS R. ORTH, IN THE <XXJRT OF CXXolMCtl PLEAS OF
Plaintiff I CUMBERLAND CXlUNTY, PENNSYLVANIA
I
V8. I NO. ~2212 CIVIL TERM
.
.
ELIZABETH A. PE'ltlNAK , . CIVIL ACTION - LAW
.
Defendant I IN CUS'ltDY
PRIOR JUDGE: Kevin A. fIe8a
ammr <XH::ILIATI~ SlNW<< RERRr
IN ACXXlU:lANCE wrm <DIBIlRLAND CXXIl1'Y RULE OF CIVIL ~UlB
1915.3-8, the undersigned CUstody conciliator 8Ubmits the following report:
1. The pertinent informatial concerning the Child who is the subject
of this litigation is as follow8:
~
Dru Elizabeth Orth
n.\TB OF' BIR'1'II
alRRENl'LY IN cu.."'UJlt' OF
September 23, 1996
Father
2. A CUstody Conciliation Conference was held on May 23, 2001, with
the following individuals in attendance: The Father, Nicholas R. Orth,
with his counsel, Bradley L. Griffie, Esquire, and the Mother, Elizabeth A.
Petonyak. 'ltle Mother's counsel, Karl E. Rominger, Esquire participated in
the Conference by telephone due to a scheduling error resulting in another
obligation at the time of the Conference.
3. 'ltle parties agreed to entry of an Order in the form as attached.
rn~ :J- 3 . ;)6'<'/
Date ,
!2~J17
Dawn S. Sunday, Esquire
Custody Conciliator
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NICIIOLAS R, ORTII,
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMIIEI{I.ANDCOlJNTY,PENNSYI.VANIA
vs.
9'J-2212
CIVIl. ACTION LAW
ELlZABETII A, PETONY AK,
Defellllant
IN CUSTODY
ORDER OF COlJRT
AND NOW, this If" day of OIA..., ,2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
I. The prior Orders of this Court dated May 30, 200 I and January 14, 2000 arc vacated and
replaced with this Order.
2. The Father, Nicholas R. Orth, and the Mother, Elizabeth A. Petonyak, shall have shared
legal custody of Dru Elizabeth Orth, born September 23, 1996. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding her health, education
and religion.
3. The Father shall have primary physical custody of the Child.
4. Until such time as the Mother obtains separate housing, the Mother shall have partial
physical custody of the Child every Monday from 4:00 p.m. until 8:00 p.m. In addition the Mother
shall have custody on one Saturday per month from 8:00 a.m. until 4:00 p.m. The Mother's first
weekend period of custody shall take place on Saturday, September 28, 200 I and the next period shall
take place on Saturday, October 6, 2001. The parties shall cooperate in adjusting the times for
exchange of custody on Saturdays to accommodate the Child's play practice schedule.
After the Mother has moved to separate housing, she shall have custody on one
weekend per month from Saturday at 9:00 a.m, through Sunday at 5:00 p.m., beginning on the third
Saturday of each month. In addition the Mother shall have custody every Monday from 4:00 p.m. until
8:00 p.m., with the exception of the Monday immediately following her monthly weekend period of
custody.
5. The parties shall share or alternate having custody of the Child on holidays as arranged by
agreement.
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6. Neither pany shall do or say anything which may estrange the Child from thc olher parcnt,
injure the opinion of the Child as to the other parent, or hamper thc free and natural dcvelopment of the
Child's lovc and respect for the other parent. Both panics shall ensure that third panics having contact
with the Child comply with this provision.
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7. This Ordcr is cntercd pursuant 10 an agrccmcnt of thc panics at a Custody Conciliation
Confcrcncc. Thc panics may modify thc provisions of this Ordcr by mutual consent. In thc ubsencc of
mutual consent, the tenns of this Order shall control.
I
BY THE COURT,
7,;(14-
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cc:
Bradley L. Griffic, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother
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NICOLAS R. ORm
PLAINTIFF
IN TilE COURT OF COMMON I'LEAS OF
CUMBERLAND COUNTY, pENNSYL VANIA
v,
99-2212 CIVIL ACTION LAW
ELlZABElH A. PETONY AK
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW. Thursday, June 03, 2004 . upon considcrdtion of the attached Complaint.
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanlcsburg, PA 17055 on Wednesday, June 30,2004 at I :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 al(e 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 Ahuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Dawn S. Sundtty. Esq.
Custody Conciliator
mhc
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 A TIORNEY AT ONCE. IF YOU DO NOT
HAVE AN A TIORNEY 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
. '
. '
17
NICOLAS R. ORTlI.
PlaintifT
HAY 2 6 7GO~,f
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LA W
: IN CUSTODY
: NO. 1999-2212 CIVIL TERM
v.
ELIZABETH A. PETONY AK.
Defendant
ORDER OF COURT
AND NOW, this_ day of May, 2004, upon consideration of the attached petition. II is
hereby directed that the parties and their respective counsel appear before
. the conciliator. at
on the _ day of ,2004. at__.m.. for a Pre-Hearing Custody Conference, Al sllch
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 lemporary order. All
children age five or older may also be present at the conference. Failure to appear atlhc confcrcncc
may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protecllon From
Abuse orders, Spedal Relief orders, and Custody orders to the concilil1tor 48 hours prior 10
the scheduled hearing.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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
32 South Bedford Street
Carlisle. P A 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 lhe
Americans with Disabilities Act of 1990. For information about accessible facilitics and reasonable
accommodations available to disabled individuals having busincss beforc thc court. plcasc contact
our office, All arrangements must be made at least 72 hours prior to any hcaring or busincss bcforc
the court. You must attend the scheduled conference or hearing,
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B. ThanksllivinlJ: Thc Thanksgiving holiday pcriod of custody shall bc divided into Scgmcnt A,
which shall run from 9:00 a.m. until 9:00 p.m. on Thanksgiving Day, and Segmcnt B, 'vhieh
shall run from 9:00 p.m. on Thanksgiving Day through 9:00 p.m. on the day aftcr
Thanksgiving. In cvcn numbcred ycan,thc Mothcr shall havc custody ofthc Child during
Scgmcnt A and the Father shall havc custody during Scgment B, In odd numbered years, the
Father shall havc custody of the Child during Segmcnt A and the MOlher shall have custody
during Segment B.
C. ~: In evcry ycar, thc Mother shall have custody of the Child from the Saturday before
Easter at 4:00 p.m. through Eastcr Sunday at 4:00 p.m. and the Father shall have custody from
Sunday at 4:00 p.m. through thc remainder of the Easter school break.
D. Altematinll Holidavs: The parties shall alternate having custody of the Child on Memorial
Day, July 4lh and Labor Day from 9:00 a.m. until 9:00 p.m. on the holiday. In even numbered
years, the Father shall have custody of the Child on Memorial Day and Labor Day and the
Mother shall have custody on July 4th. In odd numbered yean, the Mother shall have custody
of the Child on Memorial Day and Labor Day and the Father shall have custody on July 4th.
E. Mother's DavIFather'sDav: In every year, the Mother shall have custody of the Child on
Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 9:00 p.m.
F. The holiday custody schedule shall supercede and take precedence over the regular custody
schedule.
6. With the exception of the Monday evening periods of custody for which the Mother shall
provide all transportation, the party receiving custody of the Child shall be responsible to provide
transportation for the exchange of custody at the other party's residence.
7. In the event either party is unavailable to provide care for the Child for more than six hours
during his or her periods of custody, that party shan contact the other party to olTer the opportunity to
provide care for the Child before contacting a third party caregiver.
8. Neither party shan consume alcohol to the point of intoxication during his or her periods of
custody. The parties shan ensure that third parties having contact with the Child comply with this
provision.
Child.
9. The non-custodial parent shan be entitled to have reasonable telephone contact with the
10. Each party shall keep the other party advised of his or her current address and telephone
number.
II. Each party shall notify the other of all medical care provided to the Child during his or her
periods of custody. The parties shall notify each other immediately in the event of a medical
emergency concerning the Child.
NICHOLAS R. ORTH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
ELIZABETH A. PETONYAK,
Defendant
: CIVIL ACTION - LAW
NO. CIVIL 1999
IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Nicholas R. Orth, an adult individual currently residing at 1001
North Middleton Road, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Elizabeth A. Petonyak, an adult individual currently residing at
155 South East Street, Carlisle, Cumberland County, Pennsylvania.
3. The parties are the natural parents of one (1) child, namely, Dru Elizabeth Orth,
born, September 23, 1996.
The child was born out of wedlock.
During the past five (5) years or since the child's birth the child has lived with the
following individuals at the following addresses for the following periods of time:
Name Address Date
Nicholas Orth
Michael Osborne
Barbara Osborne
Corey Osborne
1001 North Middleton Road
Carlisle, PA 17013
January 1999
to present
Elizabeth Petonyak
John Petonyak
Unknown male individual
309 Arch Street
Carlisle, PA 17013
October 1998
to January 1999
Nicholas Orth 309 Arch Street May 1998
ElizabethPetonyak Carlisle, PA 17013 October 1998
Nicholas Orth 1001 North Middleton Road Birth to
Elizabeth Petonyak Carlisle, PA 17013 May 1998
Michael Osborne
Barbara Osborne
Corey Osborne
The natural mother of the child is the above-named Defendant, Elizabeth A.
Petonyak who resides as aforesaid. She is single.
The natural father of the child is the above-named Plaintiff, Nicholas R. Orth who
resides as aforesaid. He is single.
4. The relationship of the Plaintiff to the child is that of natural father. The
Plaintiff currently resides with his mother, step-father and brother, namely, Barbara
Osborne, Michael Osborne, and Corey Osborne respectively.
5. The relationship of the Defendant to the child is that of natural mother. The
Defendant currently resides with a boyfriend, Christopher Williams, Jr.
6. Plaintiff has not participated as a party or witness or in any other capacity in
any litigation concerning custody of the child.
7. Plaintiff has no information of any custody proceedings concerning the child
pending in any Court of his commonwealth.
8. The best interest and permanent welfare of the child will be served by granting
the relief requested because:
a. Plaintiff has provided the child with the child's only mental, emotional,
and physical stability; and
b. Defendant has exhibited a totally unstable lifestyle having multiple jobs
for short periods of time, multiple boyfriends, and multiple residences; and
c. Plaintiff is able to provide a better and more stable home and home
atmosphere; and
d. Plaintiff believes and, therefore, avers that the Defendant and her
present boyfriend are involved in drug and alcohol abuse problems.
9. Plaintiffdoes not know any person not a party to these proceedings who claims
to have custody or visitation rights with respect to the child.
WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody
Conciliation Conference followed by a hearing, at which time he should be granted
primary physical and legal custody of the child.
Respectfully submitted,
GRIFFIE & ASSOCIATES
· Br ' e, Esquire
~~ey~for Plaintiff
.~2'00 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I VERIFY THAT THE STATEMENTS MAD IN THE FOREGOING
DOCUMENT ARE TURE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18
PA.C.S. SECTION 4904
AUTHORITIES.
Date: /~f,~),-~ t /~ ?coo
RELATING TO UNSWORN FALSIFICATION TO
/
Nicholas A. (~rth, Plaintiff "'
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. CIVIL 1999 q ~~ ~2~/.2 ~
· 1N CUSTODY
ORBER OF COURT
AND NOW, this /~O day of /~ff~ ~ , 1999, upon
consideration of the attached Complaint, it is hereby directed that the parties and their
counsel appear before ~x~(~,_~ ,~r~6[~J~.~t_?~e conciliator, at
respective
~q ~. ~-'~O~\ ;~ ~, , ~C~Q~\ ~ ~°x , Cumberland County, Pennsylvania,
,
onthe _r~-~ day of ~'~ , 1999, at t',~0 o'clockl m., fora
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. Either party may bring the
children who are the subject of this custody action to the conference, but the children's
attendance is not mandatory. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent Order.
BY THE COURT:
Custod~ 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) 240-3166
NICHOLAS R. ORTH,
Plaintiff
vs.
ELIZABETH A. PETONYAK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CfTJNTY, PENNSYLVANIA
NO. 99-2212 CIVIL TERM
CIVIL ACTION - LAW
~ NOW, this 29~ day of ~,/
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 1998, upon
it is ordered
1. A Hearing is scheduled in Court ~Room No. ~ , of the
Cumberland County Court House, on the /67~A day of l'~z~] ,
/gg ? , at /.~ o'clock, ~.m., at which time testimOny will be taken.
For purposes o~- t-~ Hearing, 'the Father, Nicholas R. Orth, shall be deemed
to be the mOving party and shall proceed initially with testimOny. Counsel
for the parties shall file with the Court and opposing counsel a MemOrandum
setting forth each party's position on custody, a list of witnesses who are
expected to testify at the Hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least 10 days
prior to the Hearing date.
2. The parties shall participate in a course of counseling with a
professional to be selected by agreement of the parties and counsel. The
purpose of the counseling shall be to assist the parties in developing
direct communication and the ability to cooperate in managing an ongoing
custody schedule.
3. Pending further Order of Court or agreement of the parties, the
prior Order of this Court dated April 21, 1999 shall continue in effect.
4. The parties shall share having custody of the Child on
Thanksgiving and Christmas in accordance with the following schedule:
C~ST~4AS: The Father shall have custody of the Child on
Christmas Eve from 3:00 p.m. until 9:00 p.m. and on Christmas
Day from 10:00 a.m. until 3:00 p.m. The Mother shall have
custody of the Child from 9:00 p.m.. on Christmas Eve until
10:00 a.m. on Christmas Day and al-'~o from 3:00 p.m. until
9:00 p.m. on Christmas Day.
T~9/~G/~ING: The Thanksgiving holiday shall be divided into
Secant A, which shall run from 8:0C a.m. until 2:00 p.m. on
Thanksgiving Day, and Segment B, which shall run from 2:00
p.m. until 8:00 p.m. on Thanksgiving Day. The Mother shall
have custody of the Child during Segment A in even numbered
years and during Segment B in odd numbered years. The Father
shall have custody of the Child during Segment A in odd
numbered years and during Segment B in even numbered years.
5. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody, unless otherwise agreed
by the parties.
6. In the event the parties and counsel ~gree that an additional
Custody Conciliation Conference would be useful in resolving all of the
outstanding custody issues by agreement prior to the Hearing, counsel for
either party may contact the Conciliator to schedule the additional
Conference.
cc:
BY THE O[TJRT,
Ke~. Hess, j.
Bradley L. Griffie, Esquire - Counsel for Father ~~ ~/30/g{.
Joan Carey, Esquire - Counsel for Mother -- ,~. ~,
NICHOLAS R. ORTH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 99-2212 CIVIL TERM
:
: CIVIL ACTION - LAW
:
ELIZABETH A. PETONYAK,
Defendant
IN A(~ Wil'~ (~ (]O[HTI~ R[]LE OF Clq~IL PR(~:~,~3RE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
Dru Elizabeth Orth
September 23, 1996
Father/Mother
2. A Conciliation Conference was held on September 21, 1999, with the
following individuals in attendance: The Father., Nicholas R. Orth, with
his counsel, Bradley L. Griffie, Esquire, and the Mother, Elizabeth
Petonyak, with her counsel, Joan Carey, Esquire and Paula Burkett.
3. This Court previously entered an Order dated April 21, 1999 on a
Petition for Special Relief providing for the ~rties to share having
physical custody of the Child on an alternating weekly basis. The Father
seeks primary physical custody of the Child. As the parties were not able
to reach an agreement at the Conference, it will be necessary to schedule a
Hearing on the issue of primary or shared physical custody.
4. The Father's position on custody is as follows: The Father
believes it would be in the Child's best interest to reside primarily with
him. According to the Father, the Child comes back to him after periods of
custody with the Mother with a very bad disposition. The Father believes
the Child is exposed to fighting between the Mother and her boyfriend and
between the Mother's brother, with whom she currently resides, and his
girlfriend. The Father also expressed concem about the Child's exposure
to her maternal grandfather, whom the Father also believes was residing in
the same household with the Mother. The Father stated that he can provide
more stability for the Child and a better home environment. The Father
acknowledged that the parties have serious difficulty in communicating with
each other and indicated he felt it would be necessary to involve a
counselor in order to improve the situation.
5. The Mother's position on custody is as follows: The Mother
believes it would be in the Child's best interest to either continue the
alternating weekly shared custody schedule or to transfer primary physical
custody to her. The Mother denied that the Child is exposed to fighting
and other bad influences in her household and indicated that neither her
boyfriend nor her father reside in the home. The Mother has obtained a HUD
voucher and plans to select an apartment within the next couple of days.
According to the Mother, she would then move out of her brother's home and
would reside alone with the Child in the new apartment. The Mother was
also willing to participate in counseling in an effort to develop
communication between the parties.
6. The Conciliator reco~nends an Order in the form as attached
scheduling a Hearing in this matter and also including other provisions to
which the parties agreed at the Conference. It is expected that the
Hearing will require one-half day.
Date ~
Custody Conciliator
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 99-2212 CIVIL TERM
: IN CUSTODY
PETITION FOR CONTINUANCE
AND NOW comes Petitioner, Nicholas R. Orth, by and through his counsel of record,
Bradley L. Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is the above-named Plaintiff, Nicholas R. Orth who is represented
by Bradley L. Griffie, Esquire.
2. Your Respondent is the above-named Defendant, Elizabeth A. Petonyak who is
represented by Legal Services, Inc.
3. The parties are subject to an Order of Court dated September 29, 1999, (SIC) a
copy of which is attached hereto and incorporated herein by reference as Exhibit "A.'
4. Following the Custody Conciliation Conference in this matter, a hearing was
scheduled before the Court, as noted on the aforesaid Order, :for Friday September 10, 1999 at
1:30 p.m.
5. In the initial preparation between Petitioner and his counsel for the heating in this
matter, it has become apparent that there may be as many as four or five substantive witnesses to
testify on behalf of the Petitioner, in addition to the Petitioner, in these proceedings.
6. It is anticipated that the hearing will not be able to be concluded in the three hour
time frame designated for the hearing as presently scheduled.
7. It is in the best interest of judicial economy, of the parties, and most importantly,
of the child at issue, to have a concise one-day hearing rather than having a disjointed hearing
that is heard partially one day and partially another day, several weeks or even months later.
8. Petitioner, who is the moving party in this matter, would be severely prejudiced if
he is required to present a portion of his case on Friday, December 10, 1999 and the balance of
his case some weeks or months later when Respondent presents her case.
9. As expressed by Respondent at the Custody Conciliation, she "believes it would
be in the Child's best interest to either continue the alternating weekly shared custody schedule
or transfer primary physical custody to her."
10. A continuance of this hearing to a later date when the hearing could be held for a
full day would cause the present Order and arrangements for physical custody to continue on the
alternating weekly shared physical custody schedule, as Mother indicated would be in the child's
best interest.
11. The Thanksgiving and Christmas holiday periods were covered in the Order
which is attached hereto as Exhibit A and, therefore, there does not need to be any negotiations
or Orders entered to allow this hearing to be rescheduled in January, 2000.
12. Counsel for Petitioner has requested concurrence in this request from counsel for
Respondent, who advises that Respondent will not agree to a continuance of this matter.
WHEREFORE, Petitioner requests your Honorable Court to continue the hearing
presently scheduled for December 10, 1999 at 1:30 p.m. to a later date.
Respectfully submitted,
tquire
reet
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:. '/ / /~'~ ~Nicholas R. Orth, Petitioner
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
: NO. 99-2212 CIVIL TERM
: IN CUSTODY
AND NOW, this ]/~ day of c~'~'~c-~L~/ , 1999, the hearing
previously scheduled in this matter for 1:30 p.m. on Friday, December 10, 1999 is hereby
continued to ~/~'~JL~ c[~ , the / q ~ da3, of ~,~.,}vc~ ~_~_.c_I ,
,.:,~0~0 ,at ti) '20 o'clockQ~_.m, in Courtroom number 4.
All other provisions of our prior Order of September 29, 1999, (SIC) shall remain in
effect.
cc: Bradley L. Griffie, Esquire
Attorney for Petitioner
Joan Carey, Esquire,
Legal Services, Inc.
Attorney for Respondent
BY THE COURT,
K~. Hess, Judge
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
: IN THE COURT OF COIVlMON PELAS OF
: CUMBERLAND COIYNTY, PENNSYLVANIA
PETITION FOR SPECIAL RELIEF PURSUANT TO
PENNSYLVANIA RULE CIVIL PROCEDURE 191S.15
AND NOW, comes Petitioner, Nicholas R. Orth, by and through his counsel,
Bradley L. Grife, Esquire, and petitions the Court as £ollows:
1. Your Petitioner is the above named Plaintiff, Nicholas R. Orth, an adult
individual currently residing at 1001 North Middleton Road, Carlisle, Cumberland County,
Pennsylvania.
Z Your Respondent is the above named Defendant, Etizabeth A. Petonyak, an adult
individual currently residing at 155 South East Street, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parents o£one (1) child, namely, Dm Elizabeth Orth,
born September 23, 1996.
4. Contemporaneously with the filing of this Petition for Special Relief, Petitioner
filed a Complaint for Custody through the Cumberland County Prothonotary's Office
requesting that a Conciliation Conference be scheduled in this matter.
5. Since the child's birth, the parties have shared in caretaking responsibilities for
the child.
: CIVIL ACTION - LAW
: NO. CIVIL qq- 07.2/.z
: IN CUSTODY
6. In January 1999, Respondent, who at that time had shared or primary physical
custody of the child since the time of the parties' separation in October 1998, turned the
child over to the Petitioner to provide the primary care for the child.
7. Since mid-January 1999, Petitioner has had primary physical custody of the child
and Respondent's periods of time with the child were limited, by Respondent's choice, to
approximately four (4) daytime visits during the past three months.
8. Respondent has changed residences and boyfriends over the past several months
and is now living with an individual by the name of Christopher Williams, Jr.
9. Petitioner believes that Christopher Williams, Jr. has an extensive criminal record
and that his criminal record is indicative of his life-style which is not conducive to the
raising of Petitioner's two (2) year old daughter.
10. Respondent has exhibited an inability or lack of desire to provide for the basic
needs of the child and, in particular, has had extremely limited contact with the child over
the past three months, has shown an intention to allow the Petitioner to provide for the
primary care of the child and has provided little guidance or care for the child.
I 1. Petitioner has provided for the stable childcare arrangements by having his
grandmother (the child's paternal great-grandmother), Kathryn Mixell, provide childcare for
the child.
12. The only established childcare provider for the child since the child's birth has
been Kathryn Mixell, the child's paternal great-grandmother.
13. As the parties have done over the past three months, Petitioner authorized the
Respondent to have the child with her for Thursday afternoon, April 8, 1999, for a period of
physical custody.
14. Respondent picked the child up fi.om the babysitter between 2:00 and 3:00 p.m.
on Thursday, April 8, 1999.
15. At approximately 8:00 p.m. on Thursday evening, April 8, 1999, Respondent's
boyfriend called the paternal great-grandmother advising her that the child will not be
returned despite the parties' prior agreement.
16. Respondent's boyfriend had initially failed and refhsed to allow even telephone
contact between Petitioner and the child despite the fact that the child wished to be home
with her Father.
17. Respondent's boyfriend denied telephone contact between Petitioner and the
Respondent.
18. Ultimately, Petitioner was able to speak with his two and a half (2~A) year old
daughter who ask the Petitioner to be allowed to come back home.
19. On the hight of April 8, 1999, when Respondent refused to return the child to
the Petitioner, the child did not even spend the night with Respondent but, rather, spent the
night with Respondent's mother in that the Respondent failed to return to her mother's
residence to pick up the child.
20. On the morning of Friday, April 9, 1999, Respondent again failed to go to her
mother's residence to pick up the child as agreed.
21. Ultimately, on the evening of Friday, April 9, 1999, the maternal grandmother
physically returned the child to the Respondent by taking the child to Respondent's
residence.
22. It is believed and, therefore, averred that the present situation where the
Respondent took the child and has retained physical custody of the child, refusing contact
between the child and the father, was instigated due to the fact that Father has retained legal
counsel in an attempt to reach a written agreement concerning custody of the child.
23. Petitioner has never requested nor received any support from the Respondent for
the child for the period of time that he had physical custody of the child.
24. Petitioner has been the sole responsible party to provide for the material and
financial needs of the child since birth.
25. During the period of time from October 1998 until January 1999, a period of
time when the child was in Respondent's primary care, Petitioner had extensive contact with
the child having the child three (3) to four (4) times per week and usually maintaining
physical custody of the child overnight.
26. There is no Order regarding physical or legal custody of the child in this case
which has resulted in the child being abducted by the Respondent as aforesaid.
27. The Court's intervention, at this point, is necessary in order to avoid a situation
of this young child being pulled back and forth between the two (2) parents.
28. The Court's intervention is necessary in that Respondent has indicated though
counsel that she will only allow extremely limited contact between Petitioner and the child
pending a Conciliation in this matter and, further, that this would only be permitted upon
written confirmation that Petitioner would abide by the limited contact schedule that
Respondent proposes.
29. Petitioner believes and, therefore, avers that he is the only party available to
provide a stable situation for the child and, more importantly, that the child is in harm's way
while she is in Respondent's care, particularly when she is around Respondent's boyfriend.
WHEREFORE, Petitioner requests your Honorable Court to enter a temporary
Order providing Petitioner with primary physical custody of the child and further order that
appropriate periods of partial physical custody of the child be placed with the Respondent.
Respectfully submitted by,
GRIFFIE & ASSOCIATES
~-~~for Petitioner
.~00 North Hanover Street
Carlisle, PA 17C, 13
(717) 243-5551
(800) 347-5552
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S.
SECTION 4904 RELATING TO UNSWORN FALSWICATION TO AUTHORITIES.
Nicholas R. Orth
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW'
99-2212 CIVIL
:
: 1N CUSTODY
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this .~t ~' day of April, 1999, following conference with counsel, it is
directed that the parties shall alternate weeks with respect to custody of the child, Dm Elizabeth
Orth, bom September 23, 1996. The exchange of the child will occur at 11:00 a.m. on
Thursdays, commencing with the father on Thursday, April 22, 1999. The party out of custody
shall have the right to a five-hour visit as agreed upon by the parties.
This order shall remain in effect pending conciliation.
BY THE COURT,
Ke,~9,4~. Hess, J.
Bradley Griffie, Esquire
For the Plaintiff .~
Joan Carey, Esquire
For the Defendant
:rim
NICHOLAS R. ORTH,
Plaintiff
ELIZABETH A. PETONYAK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSLYVANIA
CIVIL ACTION - LAW
NO. 99-2212 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE,
I certify that I sent a tree and correct copy of the PlalntiWs Petition for Special
Relief to Defendant' s counsel of record:
JOAN CAREY, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
byfirst classmail, postage prepaid on ~0u r-,/
,1999.
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
NICHOLAS R. ORTH, / : IN THE COURT OF COMMON PLEAS OF
Plaintiff ~ :. CUMBERLAND COUNTY, PENNSYLVANIA
v. ~ i CIVIL ACTION., - LAW
ELIZABETH A. PETONYAK, ~ : NO. 99-2212 CIVIL TERM
1. Father's Position Regarding Custody
In this case, during the child's entire lifetime, Father ihas been the only parent who has
provided the essential care for the child and also provided for the needs of the child. This was
true while the parties were together and before they separated in late fall of 1998. Essentially, if
Plaintiff (hereinafter referred to as "Father") was not available to take care of the child,
Defendant (hereinafter referred to as "Mother") would go to the Father's parent's or
grandparent's residence so that someone else could take care o f the child rather than her.
In October 1998, when Father left his shared residence with Mother, the parties shared
time with the child. However, when the child was placed in his primary care in January 1999, he
gladly accepted primary responsibility for the child. From that time forward, until Father filed
for custody, Mother had extremely limited contact with the child over a three month period.
Once this action was initiated, based upon a conference with the Court, a temporary Order was
entered to provide for shared custody arrangements on a week on week off basis. Over the past
eight months, that arrangement has been in effect and Mother has shown an inability to comply
with the terms of that arrangement. She routinely fails to have the child for her five (5) hour
visit during the Father's week of physical custody. She routinely calls and changes the times
when she is to pick up and reassume physical custody of the child. She routinely misses times
when she is scheduled to pick the child up without notice. She routinely has the child less than a
full week during the period when she is to have the child for her week.
Due to her extreme instability, her drug and alcohol involvement, her inability to
maintain employment, her present involvement with an individual who has a long criminal
record and is physically abusive toward her and various other related negatives on her side, it is
quite evident that Dm should be in the Father's primary physical custody. Father is gainfully
employed and has always provided for the child. Father has allways provided for the day to day
needs and care for the child. Father and his extended family are available to provide the child
with family care and has done so since the child's birth.
Under the cimumstances, without question the best mxangement is for the child to be
placed in Father's primary physical custody, providing some type of partial custody to Mother,
such as every other weekend and possibly some weekday time.
2. Witnesses
Nicholas R. Orth: Mr. Orth will testify to how he has provided for the child and how the
mother has shown an apparent inability to provide for the needs of the child as well as
other positive aspects of his life with the child and negative aspects of mother's life.
Barbara Thomas: Ms. Thomas is Mother's mother who will take the position that it is in
the child's best interest to be in Father's primary physical care. She will testify to
threats against her life by Mother's boyfriend, her daughter's drug involvement, and
other inappropriate conduct, and as well as the tremendous care provided for the child
by Father.
Kathryn Mixell: Ms. Mixell is Father's grandmother, thus the child's great grandmother,
who provides child care for the child when Mr. 0rth is working. Ms. Mixell is aware
of the tremendous care that Father provides for Dru and his strong relationship with
the child. She is also aware of the limited relationship between mother and daughter,
as well as Mother's instability.
Barbara Osborne: Ms. Osborne is Father's mother. She has in the past and will continue to
provide care for the child. She will testify to what she sees as a strong loving
relationship between Father and his daughter and the somewhat limited relationship
between mother and daughter.
Donald Orth: Mr. Orth is Father's father. He will testify to the strong relationship between
the child and Father as well as evidence of Mother's drug involvement that he has
witnessed.
Chris & Kate Orth: Mr. & Mrs. Orth are Father's brother and sister-in-law. They will
testify to the appropriate care that Father has provided for the child and his strong
relationship with the child as well as the somewhat limited relationship that Mother
has with the child. Kate 0rth will also testify to the mother's loss of employment at
Kmart which occurred at a time when she was caught stealing memhandise from the
store as an employee and will also testify to Mother's admitted drug involvement and
addiction.
Amanda Shipman: Ms. Shipman is Mr. Orth's fiancee. She will testify to her relationship
with Father and the child and Father's devotion to the child. She will also testify to
the violent conduct of Mother's boyfriend toward Father.
Opal Mason: Ms. Mason is the former landlady of lhe parties and more recently the
former landlady of Mother. She will testify to the destruction to the residence she
was renting to Mother that occurred from the time Father left the property until she
finally evicted Mother from the premises, at which time Mother had permitted her
father, her brother, her brother's girlfriend, and others to reside at the premises.
Ron Clippinger: Mr. Clippinger owned the property next door to Mother's former residence
and will testify to his knowledge of drug use and particularly marijuana use by
Mother and her friends and family which actually became noticeable in his home he
owned and rented.
A representative from the North Middleton Township Police Department will testify to a
recent incident in which Mother's boyfriend was arrested for possession of drag paraphernalia.
There are other friends and family members who will be present in court but it is not
anticipated they will be testifying, as their testimony will be cumulative to that of other friends
and family members referenced above.
Respec ~ully submitted,
, Esquire
~Z~nS~{ y foffFather
"E~GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
NICHOLAS R. ORTH,
Plaintiff/Respondent
ELIZABETH A. PETONYAK,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION .. LAW
No. 99-2212 CIVIL TER
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes Petitioner, Elizabeth A. Petonyak, by and through her counsel, Karl E.
Rominger, Esquire and Petitions this Honorable Court to modii~y the existing Order of Court for
the following reasons:
1. Petitioner requests a more regular visitation schedule. The parties have not and
cannot agree on said schedule as stated in the original Custody Order, dated January 14, 2000,
and signed by the Honorable Judge Kevin A. Hess and attached hereto as Exhibit "A".
2. Petitioner's boyfriend, Christopher Williams, is now incarcerated and would not be in
the company of the child.
WHEREFORE, Petitioner respectfully requests a hearing to modify the existing Custody
Order.
Respectfully submitted,
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney fi)r Petitioner
NICHOLAS R. ORTH,
Plaintiff
V
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLg2XlD COUNTY, PENNSYLVJ:~N'IA
: CIVIL ACTION - LAW
: NO. 99-221~ CIVIL TERM
ELIZABETH A. PETONYAK,
Defendant
IN RE: PETITION FOR CUSTODY
ORDER OF COURT
AND NOW, this 14th day of January, 2000, this
matter having been called for hearing, in light of the
proffer of the plaintiff, it is ordered and directed that
primary legal and physical custody of the child, Dru
Elizabeth Orth, born September 23, 1996, is hereby awarded
to her father, Nicholas R. Orth, subject to rights of
partial custody in the defendant as the parties shall agree,
and if the parties cannot agree, one or the other may
request a further hearing. Pending further order,-it is
directed that the defendant not keep the child in the
company of one Christopher Williams.
By the Court,
Bradley Griffie, Esquire
For the Plaintiff
:bg
Kevi~. Hess,A/~J.
Elizabeth A. Petonyak
46 South Bedford Street
Carlisle, PA 17013
NICHOLAS R. ORTH
PLAINTIFF
V.
ELIZABETH A. PETONYAK
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2212 CIVIL ACTION LAW
1NCUSTODY
AND NOW, this 12th day of January ,2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear befi~re Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehaniesburg, PA 17055 on the 13th day of February , 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 THE COURT,
By: /si
Dawn S. Sunday. Es~
Custody Concfi'iator ~
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-31,66
NICHOLAS R. ORTH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-2212 CIVIL TERM
ELIZABETH A. PETONYAK :
Defendant : CUSTODY
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
Joan Carey of Legal Services, Inc., counsel of record for Defendant, Elizabeth A.
Petonyak, states the following in support of the Petition for Leave to Withdraw As Counsel:
Legal Services represented Defendant, Elizabeth A. Petonyak, hereinafter the
mother, at a Conference in chambers held pursuant to a special relief petition
filed of behalf of Nicholas R. Orth, hereinafter the father, and an Order was
entered on April 21, 1999, granting the mother and father shared physical custody
on an alternating two week basis.
The order of September 29, 1999, entered after Conciliation provided that the
shared custody order of April 21, 1999, remain in effect, amended it to include a
holiday schedule, an order for counseling, and the scheduling of a hearing for
December 10, 1999.
Negotiations to settle the matter continued, and pursuant to a petition filed on
behalf of the father(opposed by mother) the court continued the hearing to January
14,1999.
On November 27,1999, Legal Services sent the mother the Order of Court
notifying her of the rescheduling of the hearing to January 14, 2000.
5. In December 1999 Legal services communicated with the mother to prepare for
the hearing, including the memorandum and list of witnesses, but since December
2,~ ~, 1999, the mother has not been in contact with Legal Services staff in spite of
several attempts to reach her by phone messages and written communication,
rendering our representation unreasonably difficult.
th
Mother has been notified by a phone message on January 12 and by letter placed
in her mailbox on January 13th of counsel's intent to ftle this petition
WHEREFORE, Joan Carey and Legal Services, Inc. asks for leave to withdraw as
counsel for the Defendant, Elizabeth A. Petonyak.
R. e spect fu[1.v/~abmitted,
; .TareY
LEGAL SERVICES, 1NC.
NICHOLAS R. ORTH,
Plaintiff
Vo
ELIZABETH A. PETONYAK
Defendant
IN THE COURT OF COMMON PLEAS OF
:
CUMBERI~2XlD COUNTY, PENNSYLVJLNIA
:
NO. 99-22]_2 CIVIL TERM
:
: CUSTODY
ORDER OF COURT
AND NOW, this / ¥~ day of January, 2000, upon consideration of the Petition for
Leave to Withdraw as Counsel filed by Joan Carey, Legal Services, Inc., it is hereby ordered that
counsel is granted leave to withdraw as the attorney of record for the defendant, Elizabeth A.
Joan Carey
LEGAL SERVICES, 1NC.
Attorney for Defendant
Petonyak. Leave is granted pursuant to Rule 1.16 (b) (5).
By the Court,
I~?i~ A. Hess, Judge
Brandley L. Griffie
GRIFFIE AND ASSOCIATES
Attorney for Plaintiff
NICHOLAS R. ORTH,
Plaintiff
V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 99-2212 CIVIL TERM
ELIZABETH A. PETONYAK,
Defendant
IN RE: PETITION FOR CUSTODY
ORDER OF COURT
AND NOW, this 14th day of January, 2000, this
matter having been called for hearing, in light of the
proffer of the plaintiff, it is ordered and directed that
primary legal and physical custody of the child, Dru
Elizabeth Orth, born September 23, 1996, is hereby awarded
to her father, Nicholas R. Orth, subject to rights of
partial custody in the defendant as the parties shall agree,
and if the parties cannot agree, one or the other may
request a further hearing. Pending further order, it is
directed that the defendant not keep the child in the
company of one Christopher williams.
By the Court,
Bradley Griffie, Esquire
For the Plaintiff
:bg
K . Hess, J.
Elizabeth A. Petonyak
46 South Bedford Street
Carlisle, PA 17013
CU?,",3~iTU~&D COUNTY
PENNSYLVANIA
NICHOLAS R. ORTHt
Plaintiff
vs.
ELIZABETH A. PETONYAK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYt PENNSYLVANIA
NO. 99-2212 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
A[~) NOW, this /%~' day of ~...~u~D , 2001, upon
consideration of the attached Custody Conciliation/Report, it is ordered
and directed as follows:
1. Pending further order of Court or agreen~nt of the parties, the
prior Order of this Court dated January 14, 2000 shall continue in effect.
2. The Mother shall have weekly periods of supervised visitation with
the Child at the Carlisle YWCA, with the specific arrangements to be mede
by agreement of the parties. The Mother's periods of visitation shall be
scheduled to begin during the week of February. 11, 2001, unless the
supervising agency is unable to accommodate this scheduling time frame.
3. The parties and their counsel shall attend an additional Custody
Conciliation Conference in the office of the Conciliator, Dawn S. Sunday,
on May 23, 2001, at 9:30 a.m.
cc:
BY THE COURTt
KeJ A. Hess,
Bradley L. Griffie, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother
NICHOLAS R. ORTHt
Plaintiff
vs.
ELIZABETH A. PETONYAKt
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COONTY~ PENNSYLVANIA
NO. 99-2212 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTOEY
PRI(~ Jt~: Kevin A. ~ess
IN ACCORDANCE W~ ~ ~ RULE OF Cl~IL l~
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
Dru Elizabeth Orth September 23, 1996 Father
2. A Custody Conciliation Conference was held on February 6, 2001,
with the following individuals in attendance: :Fhe Father, Nicholas R.
Orth, with his counsel, Bradley L. Griffie, Esquire, and the Mother,
Elizabeth A. Petonyak, with her counsel, Karl E. Rominger, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
wn S. Sunday, Esquire /
Custody Conciliator
NICHOLAS R. ORTH,
Plaintiff
vs.
ELIZABETH A. PETONYAK,
Defendant
IN THE CDURT OF ODMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2212 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AS~) ~, this 30 ~ day of r~7~
consideraticn of the attached ~ustody Conciliation Report,
and directed as follows:
, 2001, upon
it is ordered
1. The prior Order of this Court dated January 14, 2000 shall
continue in effect. The Order of this Court dated February 14, 2001, is
vacated and replaced with this Order.
2. During alternating weeks, the Mother shall continue to have
periods of supervised custody with the Child at the Carlisle YWCA on
Mondays from 3:00 p.m. until 4:00 p.m. During the interim alternating
weeks, the Mother shall have supervised custody with the Child at the
residence of Jacqueline Neidig on Mondays from 4:00 p.m. until 8:00 p.m.,
unless the parties agree to an alternate weekday to accommodate Ms.
Neidig's schedule. In additic~ to the weekly Monday periods of custody,
the Mother shall also have supervised custody of the Child at Jacqueline
Neidig's residence on one Saturday in June and one Saturday in July from
8:00 a.m. until 4:00 p.m., with the specific dates to be selected by
agreement of the parties. The parties agree that during the Mother's
periods of supervised custody at Ms. Neidig's residence, the Mother may
remove the Child from the residence for activities outside the home without
the necessity of Ms. Neidig's presence.
3. The parties and their counsel shall attend an additional Custody ~
Conciliation Conference in the office of the Conciliator, Dawn S. Sunday,
on Wednesday, August 1, 2001, at 1:00 p.m. '
BY THE ~OURT, ~.~\' O\
Ke~A. Bess, j.
cc: Bradley L. Griffie, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother
NICHOLAS R. ORTH,
Plaintiff
vs.
ELIZABETH A. PETONYAK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2212 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRI(~ J[~6~: Kevin A. ~
CUST(~y (XI~CILIATIflq ~ ~
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NA~E DATE O~BI~/~
Dru Elizabeth Orth September 23, 1996 Father
2. A Custody Conciliation Conference was held on May 23, 2001, with
the following individuals in attendance: The Father, Nicholas R. Orth,
with his counsel, Bradley L. Griffie, Esquire, and ~-he Mother, Elizabeth A.
Petonyak. The Mother's counsel, Karl E. Rominger, Esquire participated in
the Conference by telephone due to a scheduling error resulting in another
obligation at the time of the Conference.
3. The parties agreed to entry of an Order in the form as attached.
Date J ~
Custody Conciliator
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2212 CIVIL, ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 15" day of Ot~, ,2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Orders of this Court dated May 30, 2001 m~d January 14, 2000 are vacated and
replaced with this Order.
2. The Father, Nicholas R. Orth, and the Mother, Elizabeth A. Petonyak, shall have shared
legal custody of Dru Elizabeth Orth, born September 23, 1996. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding her health, education
and religion.
3. The Father shall have primary physical custody of the Child.
4. Until such time as the Mother obtains separate housing, the Mother shall have partial
physical custody of the Child every Monday from 4:00 p.m. until 8:00 p.m. In addition the Mother
shall have custody on one Saturday per month from 8:00 a.m. until 4:00 p.m. The Mother's first
weekend period of custody shall take place on Saturday, September 28, 2001 and the next period shall
take place on Saturday, October 6, 2001. The parties shall cooperate in adjusting the times for
exchange of custody on Saturdays to accommodate the Child's play practice schedule.
After the Mother has moved to separate housing, she shall have custody on one
weekend per month from Saturday at 9:00 a.m. through Sunday at 5:00 p.m., beginning on the third
Saturday of each month. In addition the Mother shall have custody every Monday from 4:00 p.m. until
8:00 p.m., with the exception of the Monday immediately following her monthly weekend period of
custody.
5. The parties shall share or alternate having custody of the Child on holidays as arranged by
agreement.
6. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the fi'ee and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
Bradley L. Griffie, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother .t~.., ~ J ~-/3~'°/
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND C, OUNTY, PENNSYLVANIA
99-2212 CIVIL, ACTION LAW
IN CUSTODY
PRIOR JUDGE: Kevin A. Hess
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 conceming the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Dm Elizabeth Orth
September 23, 1996
Father
2. A Conciliation Conference was held on September 27, 2001, with the following individuals
in attendance: The Father, Nicholas R. Orth, with his counsel, Bradley L. Griffie, Esquire, and the
Mother, Elizabeth A. Petonyak, with her counsel, Karl E. Rominger, Esquire.
Date
3. The parties agreed to entry of an Order in the form as attached.
c0(d~ ~ / i .~oo[ Dawn S. Sun~e
Custody Conciliator
NICOLAS R. ORTH,
Plaintiff
ELIZABETH A. PETONYAK,
Defendant
: IN THE COURT O~ CO~,~'v~ON ?LEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: 1N CUSTODY
:
: NO. 1999-2212 CIVIL TERM
ORDER OF COURT
AND NOW, this day of May, 2004, upon consideration of the attached petition, it is
hereby directed that the parties and their respective counsel appear before
, the conciliator, at
on the __ day of ,2004, 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.
The court hereby directs the parties to furnish any :and all existing Protection From
Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to
the scheduled hearing.
FOR THE COURT:
By:
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
32 South Bedford Street
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
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.
NICHOLAS R. ORTH
Plaintiff/Respondent
VS.
ELIZABETH A. PETONYAK
Defendant/Petitioner
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: No. 1999 -2212 CIVIL TERM
: IN CUSTODY
PETITION TO MODIFY CUSTODY
1. The Petitioner, Elizabeth A. Petonyak, "Mother,"' by her counsel, The Family Law
Clinic, respectfully represents that on October 15,2001 an Order of Court was entered for
custody of Dru Elizabeth Orth, a true and correct copy of which is attached as Exhibit A.
2. Under the existing Order, Nicholas R. Orth, "Father," has primary physical
custody of the child. Mother has physical custody one weekend per month from Saturday at 9:00
a.m. through Sunday at 5:00 p.m. Mother also has physical custody every Monday from
4:00 p.m. until 8.'00 p.m., with the exception of the Monday immediately following her monthly
weekend period of custody.
3. Mother has had substantial changes in her circumstances, which merit a
modification to the existing Order of the Court.
a. Mother has obtained appropriate, separate housing and has maintained a
stable residence since December 2001.
b. Mother is a stay-at-home parent who has been providing child care
services from her home since 2003.
c. Mother has consistently exercised her partial custody periods and has
developed a loving relationship with the child.
4. Mother believes and therefore avers that an expansion of her custodial periods
would foster an even stronger bond between Mother and child and would be in the child's best
interest.
5. In light of the changes in the Mother's circmstances, it is in the best interest of the
child to have the existing Order of the Court modified.
WHEREFORE, Mother asks that the Court modify the existing Order for Custody and
grant the Petitioner an expansion of her partial custody periods with the child.
Date: ~- ~.~- 04
~my L.O<~'uzel - - -
Legal Intern
Lucy Jt~i/mstffn. Walsh
Anne Macdonald-Fox
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
CarlJ[sle, PA 17013
(717) 243-2968
VERIFICATION
I verify that I am the Plaintiff as designated in the present action and that the facts and
statements contained in the attached Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. § 4904,
relating to unsworn falsification to authorities.
! ,
Eli~alSeth Petonyak
Date
NICHOLAS R. ORTH,
Plaintiff
VS.
ELIZABETH A. PETONYAK,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2212 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 15" day of O~,~1,~, ,2001, upon
consideration of the attached Custody Conciliation Report, it is o[demd and directed as follows:
1. The prior Orders of this Court dated May 30, 2001 and January 14, 2000 are vacated and
replaced with this Order.
2. The Father, Nicholas R. Orth, and the Mother, Elizabeth A. Petonyak, shall have shared
legal custody of Dru Elizabeth Orth, bom September 23, 1996. Each parent shall have an equal fight,
to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding her health, education
and religion.
3. The Father shall have primary physical custody of the C'hild.
4. Until such time as the Mother obtains separate housing, the Mother shall have partial
physical custody of the Child every Monday from 4:00 p.m. umil 8:00 p.m. In addition the Mother
shall have custody on one Saturday per month from 8:00 a.m. until 4:00 p.m. The Mother's first
weekend period of custody shall take place on Saturday, September 28, 2001 and the next period shall
take place on Saturday, October 6, 2001. The parties shall cooperate in adjusting the times for
exchange of custody on Saturdays to accommodate the hild s pl :y practice schedule.
Adler the Mother has moved to separate housing, she shall have custody on one
weekend per month from Saturday at 9:00 a.m. through Sunday at 5:00 p.m., beginning on the third
Saturday of each month. In addition the Mother shall have custody every Monday from 4:00 p.m. until
8:00 p.m., with the exception of the Monday immediately following her monthly weekend period of
custody.
5. The parties shall sh~re or alternate having custody of the Child on holidays as arranged by
agreement.
6. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper, the fi'ce and natural development of the
Child's love and respect for the other parent. Both parties shall[ ensure that third part/es having contact
with the Child comply with this provision.
7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE cai_IRT,
CC:
Bradley L. Griffie, Esquire - Counsel for Father
Karl E. Rominger, Esquire - Counsel for Mother
NICOLAS R. ORTH
Plaintiff/Respondent
VS.
ELIZABETH A. PETONYAK
Defendant/Petitioner
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: No. 1999 -2212 C, IVIL TERM
:
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Amy L. Kmzel, hereby certify that I am serving a tree and correct copy of Petition for
Modification of Custody Order on Bradley L. Griffie, Esq., the attorney of record for the
plaintiff, Nicholas R. Orth. I am doing so by depositing a copy of same in the United States
mail, First Class, postage prepaid, this 25th day of May, 2004. I am mailing
the copy to the following address:
Mr. Bradley L. Griffie, Esq.
Griffie and Associates
200 N. Hanover Street
Carlisle, PA 17013
Date:
kn/>: LTa uZel
Legal Intern
FAMILY LAW CLINIC
45 South Pitt Street
Carliisle, PA 17013
(717) 249-2968
NICOLAS R. ORTH
Plaintiff
VS.
ELIZABETH A. PETONYAK
Defendant
MAY 26
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND ,COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:No. 1999 -2212 C, IVIL TERM
: IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Elizabeth Petonyak, Defendant, to proceed informa pauperis.
The Family Law Clinic, attorneys for the party proceeding informa pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date:
Respectfully submitted,
Amy' L. I~u~el
Legal Intern
ANN'E MACDONALD-FOX
Supervising Attorneys
FAIVIILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243 -2968
NICOLAS R. ORTH
PLAINTIFF
ELIZABETH A. PETONYAK
DEFENDANT
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2212 CIVIL ACTION LAW
1N CUSTODY
ORDER OF COURT
AND NOW, Thursday, June 03, 2004 ~ upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear belbre Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehanicsburg, PA 17055 on Wednesday, June 30, 2004 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an efibrt 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 apl~ear at the conference may
provide grounds for entry cfa temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~.
FOR THE COURT,
By: /s/ Dawn S. Sunday. Esq. rahc
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY' AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
NICOLAS R. ORTH
Plaintiff/Respondent
VS.
ELIZABETH A. PETONYAK
Defendant/Petitioner
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 1999 -2212 CIVIL TERM
:
: IN CUSTODY
.CERTIFICATE OF SERVICE
I, Amy L. Kruzel, hereby certify that I am serving a tree and correct copy of Petition for
Modification of Custody Order on Nicolas R. Orth, the Respondent in the above-referenced
matter. I am doing so by depositing a copy of same in the United States mail, First Class, postage
prepaid, this 8th day of June, 2004. I am mailing the copy to the following address:
Mr. Nicolas R. Orth
c/o Barbara Osborne
I00! North Middleton Road
Carlisle, PA 17013
Date: [13-8-0,4-
A-my [,f ~el
Certified Legal Intern
FAMILY LAW CLINIC
45 South Pitt Street
Carlisle, PA 17013
(717) 249-2968
NICHOLAS R. ORTH
Plaintiff
VS.
ELIZABETH A. PETONYAK
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2212 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~,d day of /9,,'~.~'~ , 2004, upon
consideration of the attached CustOdy Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated October 15, 2001 is vacated and replaced with this Order.
2. The Father, Nicholas R. Orth, and the Mother, Elizabeth A. Petonyak, shall have shared legal
custody of Dm Elizabeth Orth, bom September 23, 1996. Each parrot shall have an equal right, to be
exemised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding her health, education
and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information.
3. The Father shall have primary physical custody of the Child.
4. The Mother shall have partial physical custody of the Child on alternating weekends from
Friday at 5:30 p.m. through Sunday at 6:30 p.m. and, during weeks following the Father's weekend
periods of custody, on Mondays when the Mother shall pick up the Child at school until 8:00 p.m.
5. In 2004, the Mother shall have extended periods of custody with the Child from July 30 at
5:30 p.m. through August 4 at 6:30 p.m. and from August 19 at 9:00 a.m. through August 26 at
5:00 p.m.
6. The parties shall share or alternate having custody of the('~hlld' on hohdays' as follows:
A. Christmas: In every year, the Father shall have custody of the Child from December 23 at
4:00 p.m. through Christmas Day at 12:00 noon, and the Mother shall have custody from
Christmas Day at 12:00 noon through December 29 at 6:30 p.m.
B. Thanksgiving: The Thanksgiving holiday period of custody shall be divided into Segment A,
which shall run fi.om 9:00 a.m. until 9:00 p.m. on Thanksgiving Day, and Segment B, which
shall nm fi.om 9:00 p.m. on Thanksgiving Day through 9:00 p.m. on the day after
Thanksgiving. In even numbered years, the Mother shall have custody of the Child during
Segment A and the Father shall have custody during Segmant B. In odd numbered years, the
Father shall have custody of the Child during Segment A mad the Mother shall have custody
during Segment B.
C. Easter: In every year, the Mother shall have custody of the Child fi.om the Saturday before
Easter at 4:00 p.m. through Easter Sunday at 4:00 p.m. and the Father shall have custody from
Sunday at 4:00 p.m. through the remainder of the Easter school break.
D. Altemat!hng Holidays: The parties shall alternate having custody of the Child on Memorial
Day, July 4~ and Labor Day fi.om 9:00 a.m. until 9:00 p.m. on the holiday. In even numbered
years, the Father shall have custody of the Child on Memorial Day and Labor Day and the
Mother shall have custody on July 4th. In odd numbered years, the Mother shall have cus~hOdy
of the Child on Memorial Day and Labor Day and the Father shall have custody on July 4 .
E. Mother's Day/Father'sDay: In every year, the Mother shall have custody of the Child on
M '
other s Day and the Father shall have custody on Father's Day from 9:00 a.m. until 9:00 p.m.
F. The holiday custody schedule shall supercede and take precedence over the regular custody
schedule.
6. With the exception of the Monday evening periods of custody for which the Mother shall
provide all transportation, the party receiving custody of the Child shall be responsible to provide
transportation for the exchange of custody at the other party's residence.
7. In the event either party is unavailable to provide care for the Child for more than six hours
during his or her periods of custody, that party shall contact the other party to offer the opportunity to
provide care for the Child before contacting a third party caregiver.
8. Neither party shall consume alcohol to the point of intoxication during his or her periods of
custody. The parties shall ensure that third parties having contact with the Child comply with this
provision.
9. The non-custodial parent shall be entitled to have reasonable telephone contact with the
Child.
10. Each party shall keep the other party advised of his or her current address and telephone
number.
11. Each party shall notify the other of all medical care provided to the Child during his or her
periods of custody..The parties shall notify each other immediately in the event of a medical
emergency concermng the Child.
12. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
13. The parties acknowledge that the custody arrangements set forth in this Order are based, in
part, on the Father's representation that he intends to change his employment to weekdays within the
near future. The Father shall notify the Mother, through counsel, when he changes employment. In
the event the Father's employment does not change to a weekday schedule within two months from the
date of this Order, the parties agree that a custody conciliation conference shall be scheduled at the
request of counsel.
14. In the event the parties are unable to reach an agreement as to ongoing custody
arrangements for the summer school break in 2005, counsel for either party may contact the conciliator
to schedule an additional custody conciliation conference to address the smnmer custody schedule.
15. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
//~A. Hess J.
CCi
Amy Kmzel and Anne MacDonald-Fox, Esquire - Counsel for Mother
Bradley L. G-riffle, Esquire - Counsel for Father
NICHOLAS R. 0RTH
Plaintiff
VS.
ELIZABETH A. PETONYAK
Defendant
IN THE cOLrRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2212 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Dm Elizabeth Orth
September 23, 1996
Father
2. A conciliation conference was held on July 21, 2004, with the following individuals in
attendance: The Mother, Elizabeth A. Petonyak, with her counsel, Amy Kruzel and
Anne MacDonald-Fox, Esquire, and the Father, Nicholas R. Orth, with his counsel, Bradley L. Griffie.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S. Sunday, Esqui~
Custody Conciliator