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HomeMy WebLinkAbout09-7858ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09- 7 F 5 V CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Anthony Petrone, by and through his attorney, Mark F. Bayley, and presents the within complaint for custody, representing as follows: 1. The Plaintiff, Anthony Petrone, is an adult individual residing at 238 Sample Bridge Rd., Mechanicsburg, PA 17055. 2. The Defendant, Heather Petrone, is an adult individual; her residence is unknown. 3. Plaintiff seeks custody of the following children: Name Present Residence Aye D/O/B Levi Carmen Petrone 238 Sample Bridge Road 11 3/29/1998 Mechanicsburg, PA 17055 Anthony Garrett Petrone 238 Sample Bridge Road 10 8/8/1999 Mechanicsburg, PA 17055 Octavia Skylar Petrone Mia Arianna Petrone 238 Sample Bridge Road Mechanicsburg, PA 17055 238 Sample Bridge Road Mechanicsburg, PA 17055 5 3/8/2004 4 9/30/2006 4. The children were born while the parties were in wedlock. 5. The relationship of the Plaintiff to the children is that of natural Father. The Plaintiff currently resides with the above children, and: Name Lavon Kobiecki John Kobiecki He is married. Relationship (to the children) Aunt Aunt's husband 6. The relationship of the Defendant to the children is that of natural Mother. She is married. 7. During the past five years, the children have resided with: Name Address Date Anthony Petrone 238 Sample Bridge Rd. Nov. 10 - Mechanicsburg, PA 17055 Heather Petrone 404 meadow Drive Oct. 28,'09 Roxbury Ridge Apts. to Nov. 10, '09 Shippensburg Anthony and Heather Petrone 404 Meadow Drive September'09 Roxbury Ridge Apts. to Oct. 28 '09 Shippensburg Anthony and Heather Petrone 203 Zion Rd. June 2008 to Newburg, PA September'09 Anthony and heather Petrone 323 Barnstable Rd. 2004- Carlisle, PA 17013 June 2008 8. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children is this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 10. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children require Plaintiff to have primary physical custody and for Defendant to have contact at times that serve the best interests of the children which may be agreed upon between the parties or otherwise be determined by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: l O Respectfully submitted, BAYLEY & MANGAN Mark F. Bay, ey, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 ANTHONY PETRONE Plaintiff, V. HEATHER PETRONE Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09- IN CUSTODY VERIFICATION CIVIL TERM I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. r Anth Petrone, Plaintiff Jt FILED 4.. f 1f' X31 T coc91"u'l 12 F1 2: 11 "y a5L a G tkffe Rec.- 133 yo 1 ,. ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09-7858 CIVIL TERM Defendant. : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, Anthony Petrone, by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. Petitioner is Anthony Petrone (hereafter "Father"), who is currently residing at 238 Sample Bridge Rd., Mechanicsburg, PA 17055 and is employed by Shippensburg Healthcare Nursing Home. 2. Respondent is Heather Petrone (hereafter "Mother"); Father believes she is temporarily residing at 203 Zion Road, Newburg, 17240; she is unemployed. 3. The parties have four children between the ages of 4 and 11: Levi C. Petrone (D.O.B. 3-29-98), Anthony G. Petrone (D.O.B. 8-8-99), Octavia S. Petrone (D.O.B. 3-8-04), and Mia A. Petrone (D.O.B. 9-30-06). 4. The parties separated on October 28, 2009. 5. At the time of separation, Mother remained in the rented marital residence with the children at 404 Meadow Drive in Shippensburg. 6. Due to Mother's failure to pay rent she was evicted from said residence on November 10, 2009 and the children went with Father to 238 Sample Bridge Rd., Mechanicsburg. 7. The Father is currently shopping for a residence in or around Shippensburg so that the children may remain permanently in Shippensburg School District. 8. On November 10, 2009 Mother was arrested and charged with possession with intent to deliver and possession of drug paraphernalia after she was found with 357 pills that were identified as prescription Diazepam (also known as Valium) along with a grinder containing suspected marijuana residue. (Complaint is attached as Exhibit A). 9. Father filed a Complaint for Custody on November 12, 2009 (Attached as Exhibit B); a conciliation conference has been scheduled for December 1, 2009. 10. Mother was incarcerated up until November 18, 2009 when she made bail. 11. Upon Mother's release from prison she demanded to take the children from Father; Father let the children go with Mother to avoid a public conflict. 12. Father believes that the children are in danger in Mother's care due to her currently being a drug addict and associating with other drug addicts/dealers/criminals. 13. Father has good employment and no criminal record; he intends to utilize the services of the babysitter the parties have used for the past year for supervision while he is working during the day. WHEREFORE, Father respectfully requests that he be given sole physical custody of the children pending the December 1, 2009 conciliation conference. Respectfully submitted, BAYLEY & MANGAN Date: " ui?6 Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09- CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Anthony P one, Plaintiff NOV-18-2009 12:32 From: I_+ To:92412456 P.2/5 COMMONWEALTH or PENNSYLVANIA POLICE CRIMINAL COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND S V8. w starlal urmrct m mb4mO 92 0 2 DEFENDANT: (NAME and ADDRESS): mDj; m.,•,TESSICII E 13REWBAKER HEATHER MARIE PETRONE 18 N HANOVER, SUITE 10 First Name FAddlu:NYVIe Last Name (r-yt AMwe"u r 404 MEADOW DR 1 T CARLISLE PA 17013 SHIPPENSBURG FA 17257 0000 00 717 240 6565 L J -gill 111115551 '11111111 '1111 41 ,•Y?" l "? .2 r. E3 I.-Felony Cull ? 4-Felony No Ext. ? li-Mirrlru".•,m,r r.iutilrj ? [-Mlsdeme&no)r i+and. ? Z-Felatty Ltd. ? b-Fesiimy Peoid ? C•miademedriuc surrounding Rl.lLEu i Voluny Snrrnunrl•rny F.lstr.si © A-Mi.9demeanor Full ? D-Miridwim.•ynur No Pxtrpidjtion E3 VLOLaim- . rt.a .sit': " u r L)etC 1 `Ilefl WHITE NON-IiISP ?R-Sao" 0 i e, - l? I I NVffjW Nll..lvr). .8n am l 9XlLmt ber • a L5.22L a4-3 0091100502 CAR _ 008 02 13 1976 t>? PA SHIPPENSBURG Add'. WK SSN 202 68 2260 AddlRSN Fityl Nurnv Middle Name I .st Name AK HEATHER )PETRONE ' Gen. FEMALE, HAIR CULUR EYE COLOR BLN - BLONDE BRO - BROWN 3G?.' • p _ DEFENDANT H+ryii est Lab sE,+ri+ NO FINGERPRINTED &N): cafe PA Umnsc NuMber 2 4 3 6 8 0 2 8 r ,u ub. NO DNA Uxaoon 7185 5 2 • Piz at 21saaoorl Gtr, -W §tQ Hum- NU mm I van. Ina. brnam I?h NUIC c I a 4 r Office of the attorney for the n" stbrsq M as Cts Oswitxm My r"dr* met am uomylulm mrsut wvratw sm"04 a yR w yywrsu bV nw JR60-Y am ttM 90.uo0nw.M1A WIM W sw P. Rxfsmp. 607). T PO JOSHUA J BUCHER BADGE 10 r (Namr• ni tnr• Altliyrnt 1+1(':r;,%r• Vrint r)r Type,,) PC-PIMPOCTC-Assigned Athanl10Munlmr&Wicrltra of CARLISLE PD PA0210200 (iol.w iry ilrrpartorrul ur Aqe-twy Hrirrr..?o-•rrl a-11 -brill Irgl)tirml UUNli Vision) rPQlice Agency ORI Numin?r) l.dU hr-rrkry kit. Mt.r.: (0mc_k mj)prnpr inLr. box) 0 L accuse Lhe abuve named defendant who liver, at chP Addretee set forth abuve ? I uc:c:u:se Lhe deteiidatiL whose ridme is unknown to me lout whom i f3 described aw O T mr-MW : the defendant whoce• n.Wle and (suYulux ac4i9uaticn yr nickname area unknown to brie and WhOltl I have tharetore deyiranated an John Doe or Jane Doe 402 CARLIST.rF with violating the penal Iawr. of I hr ('twnu')nwp.§I Lh of. Pcrnnaylvania at I-) 200 ARCH ST BL CARLISLE i@uln)ivrrrir+tt r'n'lln.i W1110a aPlitiuai SUIR1101lielnl xri County [ ] on or about 11 20V?O VJb4 14= ((.bunt- Cod- 1 091111 Q60931 cxul?a-lt A 0, Approved 0 Disappivived because- NOV-18-2009 12:32 From: To:92412456 P.3/5 xjtt POLICE CRIMINAL, COMPLAINT Docket Number. Date Piled: OTNIUveScan Number Complalntllneldont Number 20091.100502 03 Imt• Maltlle: t' HEATHER MARlE PETRONE The acts committed by the accused are described below with each Act of Assembly or statute violated, if appropriate. (Sat forth a brief summary of tna farts Srrffireml h) wvr.:u tlru dulmdant of the nature of the offenWs) chahtod A citation to 1W.- ul:AiAe(s) violated. withoid mom. is nut sufficient In a summary case. you must cde [hit s{xitil¦: wAkul(u) ;Ind wlraxtiw(Q of the statute(s) or ordirtanee(s) alispealy -MaWl 1 i Attempt ? 18 801 A Solicitation ? 10 802 A Conspiracy Al A2 g I R 903 ? (Engaging) ? (Aid") ? (Knowledge) Permitting (Title 75 Only) ? 75 1575 A ? 001 1 780 A32 ? 35 1 3599 35A • v.n;.av R ?MAI ?alva?.lwsll r+ awnu.r mw, 4W.1•: a.a•.. 1\l:R. VRaAba (:etl4 IrCUWNIriRE CVirC I ? ScfCv Zone ? Wwk Zones J stattsrou+xnvt?orvncwortneeau?eaaesogeteowxhthisoftertae. USE/POSS W INTENT TO USE DRUG PARiAPHERN DID USE OR POSSESS, WITH INTENT TO USE, DRUG PARAPHERNALIA FOR THE PURPOSE OF PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, MANUFACTURING, COMPOUNDING, C:ONVERTTNG, PRODUCING, PROCESSING, PREPARTNG, TESTING, ANALYZING, PACKTNG, REPACKING, STORING, CONTAINING, CONCEALING, INJECTING, INGESTING, INHALING OR OTHER•WTSE INTRODUCING INTO THE HUMAN BODY A CONTROLLED SUBSTANCE IN VIOLATION OF THIS ACT. Attempt Solicitation Conspiracy r-JAI A2 B Rormittittg (Tittle 75 Only) 14 801 A ? 18 902 A 18 903 I --gEngsging) ? (?llaing) ? (Knowlatlge) ? 75 157f, A I? Lead?I ._ I (Mleme M OtMion Subsedion PA Statute MIG) CAH011t: Waco KIC offense, Coos Ur•;ii1r UNS codu ? Safely Zone 1 ? Work Lone tilmutr. D-(;riplhx11A1;ly ty thu kimvW associated with ltdv offen9e PARAPHERNALIA: GRI'N'DER WITH MAR.T..TUANA RESIDUE INSIDE Attempt Solicitation Conspiracy r1 A7 5 rumitting (Title 75 only) ? 189 U1 A ? 1S 902 A 18 903 LJ(fcnpging) ? (Aiding) ? (Knpwieclge) ? 75 1575 A 002 1780-1 A30 ISM. 35 1 1 F3 1 3 599 1 35A Salr'ly LVnE El Work LBrli I S+atuto CascrifionfAds 4Ow acamed amdeted with Ws Offense MANUFACT/DEL/POSS W INT TO MAN/DEL CONTKI,LD DID INTENTIONALLY, KNOWINGLY AND UNLAWFULLY MANUFACTURE, DELIVER, OR POSSES WITH INTENT TO MANUFACTURE OR DELIVER, A CONTROLLED SUBSTANCE BY A PERSON NOT IRECISTERED UNDER THIS ACT, OR ' DT.D KNOWINGLY CREATE, DELIVER OR POSSESS WITH INTENT TO DELTVER, A COUNTERFEIT CONTROLLED SUBSTANCE. NOU-18-2009 12:33 From: To:92412456 P.4/5 POLICE CRIMINAL COMPLAINT Docket Number. Dare Filed: OTN/LlveScan Number Complaintli ?id09] umb r 02 03 wx ire : i e a5 HEATHER MARIE PETRONE 2. 1 ask that a warrant of arrest onv*014 +t W be issued and that the defendant t)e required to answer thq Charges I have made. ;l. 1 verify that the facts set forth in this c,ornplaint are true and correct to the hest of my knowledge or information and belief. This verification is made sub/cct to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.§4904) relating to unsworn falsifrcatren to authonties. 4. This complaint is comprised of the preceding Page, as well as the attached pages lhrat follow, numbered- through , specifying offenses and Participants, if any. 'rho acts committed by the accused, as listed and hereafter, Were against the peace and dignity of the Commonwealth of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of tho statutes cited. (Before a warrant of arrest can be issued, an affidavit of pro ause mus be completed, sworn to ttbefore the issuing authority, and attached.) (S ure of AfiW) AND NOW, on this dale 11-11-09 1 certify that the complaint has been proporly completed and vorifind. An affidavit of probable cause must be completed before a warrant can be issued. 09-2-02 (Majg,alof PA Crr;tnrt Court NUMber•) suing Authority) 0j)a Mal NOU-18-2009 12:33 From: To:92412456 P.5/5 ,z CRIMINAL COMPLAINT 35 780-1-1.3 A32 USE/DOSS W INTENT TO USE DRUG PARAPHERNALIA M3 1 35 780-113 A30 MANUFACT/DEL/ POSS W INT TO MAN/DEL CON'T'R'LLD SU £'3 1 COMMONWEALTH VS HEATHER MARIE PETRONE T.NFORMATION: ON 11 NOVEMBER 2009 AT 0415 HRS YOUR AFFIA14T WAS DISPATCHED TO THE PARKING LOT ACROSS FROM 216 ARCH ST FOR A REPORT OF AN OCCUPIED VEHICLE PLAYING LOUD MUSIC. THE ABOVE ADDRESS TS LOCATED IN CARLISLE BOROUGH CUMBERLAND COUNTY. WHILE SPEAKING WITH THE SOLE OCCUPANT OF THE VZMIC:LE, HEATHLM M F'ETRONE, I NOTICED A SILVER CYLINDRICAL OBJECT THAT APPEARED TO LSE A GRINDER USED FOR GRTNIDING MARIJUANA IN THE CENTER CONSOLE. THL ITSM WAS SEIZED AS IT WAS IN PLAIN VIEW AND SUSPECTED MARIJUANA RESIDUE WAS FOUND INSIDE. PETRONE, THE REGISTERED OWNER Ob'THE VEHICLE, THEN GRANTED ME CONSENT TO STARCH THE WHITE 1992 MAZDA 929, PA REG GXF6241. INSIDE A MAKEUP BAG THAT WAS LOCATED BE'T'WEEN THE DRIVERS SF..AT CENTER CONSOLE I FOUND A PLASTIC SANDWHICH BACCTE CONTAINj.NQ 35,0 SMALL, ROUND, YFT-LOW PILLS. ON ONL $1DE THE PTTiT.,S HAD E LETTER Z ALONG WITH THE NUMBER 3526, ON THE OTHER SIDE THERE WAS THE NUMBER 5 UNDERLINED. THESE PILLS WERE IDENTIFIED AS SUSPECTED DIAZEPAM, ALSO KNOWN AS VALIUM, A SCHEDULE IV CONTROLLED SUBSTANCE. BASED ON '.LHEt QUANTITY OF PTT,LS, YOUR AF-FIANT IS CHARGIN(; HEA'1'nzR M PETRONE, DOB 02/13/3.976, WITH POSSESSION WITH THE,, INTENT TO DELIVER A CONTROLLED SUBSTANCE, AND POSSESSION OP DRUG PARAPHERNALIA FOR THE GRINDER. It N t M • T ?V( ? P f , BEING DULY SWORN ACCORDING TO THE LAW. DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAv.IT ARE TRUE AND CORRECT TO THE' BEST OF MY K NOWLEDGE, INFORMATION AN"EL19F. J Sworn to me and subscribed bef m Ihi 11th d f t3ovember 2009 11-11-09 _ Date , Magisterial Disinut .iudge My Commission expires first Monday of January, 2014. SkAu AFFIDAVIT of PROBABLE CAUSE ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER PETRONE : NO.09- / 9.51? CIVIL TERM Defendant. : IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before , the Conciliator, at on , 20 at am/pm for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for entry of a Temporary or Permanent Order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the Conciliator 48 hours prior to scheduled hearing. By the Court, Custody Conciliator By: 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, Pennsylvania 17013 717-249-3166 ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER PETRONE : NO 09- CIVIL TERM N . Defendant. : IN CUSTODY ni - _ -0m, COMPLAINT FOR CUSTODY .. _ v y to j rn AND NOW comes the Plaintiff, Anthony Petrone, by and through his attorn, Mark F; rv -{ Bayley, and presents the within complaint for custody, representing as follows: 1. The Plaintiff, Anthony Petrone, is an adult individual residing at 238 Sample Bridge Rd., Mechanicsburg, PA 17055. Name 2. The Defendant, Heather Petrone, is an adult individual; her residence is unknown. 3. Plaintiff seeks custody of the following children: Present Residence Age D/O/B Levi Carmen Petrone 238 Sample Bridge Road 11 3/29/1998 Mechanicsburg, PA 17055 Anthony Garrett Petrone 238 Sample Bridge Road 10 8/8/1999 Mechanicsburg, PA 17055 Octavia Skylar Petrone 238 Sample Bridge Road 5 3/8/2004 Mechanicsburg, PA 17055 Mia Arianna Petrone 238 Sample Bridge Road 4 9/30/2006 Mechanicsburg, PA 17055 4. The children were born while the parties were in wedlock. 5. The relationship of the Plaintiff to the children is that of natural Father. The Plaintiff currently resides with the above children, and: Name Lavon Kobiecki John Kobiecki He is married. Relationship (to the children) Aunt Aunt's husband 6. The relationship of the Defendant to the children is that of natural Mother. She is married. 7. During the past five years, the children have resided with: Name Anthony Petrone Address Date 238 Sample Bridge Rd. Nov. 10 - Mechanicsburg, PA 17055 Heather Petrone Anthony and Heather Petrone Anthony and Heather Petrone Anthony and heather Petrone 404 meadow Drive Roxbury Ridge Apts. Shippensburg 404 Meadow Drive Roxbury Ridge Apts. Shippensburg 203 Zion Rd. Newburg, PA 323 Barnstable Rd. Carlisle, PA 17013 Oct. 28, '09 to Nov. 10, '09 September'09 to Oct. 28 '09 June 2008 to September'09 2004- June 2008 8. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children is this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 10. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children require Plaintiff to have primary physical custody and for Defendant to have contact at times that serve the best interests of the children which may be agreed upon between the parties or otherwise be determined by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: l 1 Respectfully submitted, BAYLEY & MANGAN UU) Mark F. Bay, ey, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09- CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. G' /-lv -o q dz-77? Anth Petrone, Plaintiff + w ANTHONY PETRONE Plaintiff, V. HEATHER PETRONE Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7858 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Heather Petrone 203 Zion Road Newburg, PA 17240 I I -, (C? -,()C) U4 Mark F. Bayley, Es uire RLED-43t:K OF THE PROTHCNI'OTAAi 2009 NOV 19 AM 11; 09 RE-iV SYLVANIA f?d,od/0? Q?`y z? X33 ??y ,8 4,?,/Gy-/- A,,- :? 4A ANTHONY PETRONE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHERPETRONE 2009-7858 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, November 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 15, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RLB}OfflCE OF THE PRq'f'F6Q OMY 2049 NOV 18 PM 1: 54 PE JNSY1.VANA, 1-3 ANTHONY PETRONE IN THE COURT OF COMMON PLEAS OF Pt._AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ,) , - 2009-7858 CIVIL ACTION LAWj HEATHER PETRONE IN CUSTODY 0 I)F:FF:NDANT ; ' t. r.,. rv Rw?. ORDER OF COURT, AND NO"', Monday, April 23, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Office, 1901 State St., Camp Hill, PA 17011 on Thursday, May 24, 2012 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entrv of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinLi. FOR THE COURT, By: __'s/ _ Melissa P. Greevy, Esq. Jam. Custody Conciliator Y 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 offee. 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 eofy ? dP&s cony v' CoP y no, ? ed /° /?,,not l Pd Bay/' C-7r?PVy-- XIX :3 2 r. b. * 3,e&;? 3 ANTHONY PETRONE, Plaintiff V. HEATHER PETRONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7858 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6day of u^c. , 2012, upon ' , it is ordered and directed as consideration of the attached Custody Conciliation Report follows: 1. The prior Order of Court dated December 3, 2009 is hereby vacated. 2. The custody provisions of the PFA Order at docket number 12-3157 are hereby vacated. 3. The Father, Anthony Petrone and the Mother, Heather Petrone, shall have shared legal custody of Levi Petrone, born March 29, 1998, Anthony Petrone, born August 8, 1999, Octavia S. Petrone, born March 8, 2004 and Mia A. Petrone, born September 30, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the children. 5. Mother shall have the following periods of partial physical custody: 4 -.6 A. Beginning June 15, 2012, alternating weekends from after school or camp to Sunday at 6:00 p.m. B. Every Wednesday from 7:00 a.m. to Thursday at 4:00 p.m. C. All overnights shall be held at the maternal grandmother's residence. 6. Maternal uncle, Brian, shall not have any unsupervised contact with the children. 7. No corporal punishment is to be administered by any third party. 8. Neither party may leave the children unsupervised. 9. The parties shall communicate by texting and not through any third party. 10. Unless otherwise specified herein, transportation shall be shared such that the parties shall exchange custody at the Sheetz station in Shippensburg. 11. Neither party may drink alcohol to the pint of intoxication or use illegal drugs immediately before or during their periods of physical custody. 12. Mother shall undergo a drug test on July 2 and July 24, 2012 to be arranged and paid for by Father. 13. RELOCATION. No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. § 5337. 14. 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. Another Conciliation Conference is scheduled for August 1, 2012 at 9:30 a.m. BY THE COURT, ?.? / L y ? a Kevin ess, P JM W c_ cZMark F. Bayley, Esquire, Counsel fo ater P/Emily Duckworth, certified legal intern, Counsel for Mother °"- Megan Riesmeyer, Esquire, Community Law Clinic ' co COP, eS jUa. le,?4 6/7//d- c.? ,PSG ,a ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7858 CIVIL ACTION - LAW HEATHER PETRONE, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Levi Petrone Anthony Petrone Octavia S. Petrone Mia A. Petrone DATE OF BIRTH March 29, 1998 August 8, 1999 March 8, 2004 September 30, 2006 CURRENTLY IN CUSTODY OF Father Father Father Father 2. A Conciliation Conference was held in this matter on June 5, 2012, with the following in attendance: The Father, Anthony Petrone, with his counsel, Mark F. Bayley, Esquire, and the Mother, Heather Petrone, with her counsel, Emily Duckworth, certified legal intern, and Megan Riesmeyer, Esquire, Community Law Clinic. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated December 3, 2009 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends and one overnight per week. Thereafter the parties reconciled. However, the parties have again separated and Father filed the within Petition to Modify 4. A PFA was entered at docket number 12-3157 against Father that included custody provisions. 5 The parties agreed to an Order in the form as attached. Date: 6 `!o -I Z ine M. Verney, Esquire Custody Conciliator ANTHONY PETRONE, Plaintiff V. HEATHER PETRONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7858 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6' day of 579 , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 3, 2009 is hereby vacated. 2. The custody provisions of the PFA Order at docket number 12-3157 are hereby vacated. 3. The Father, Anthony Petrone and the Mother, Heather Petrone, shall have shared legal custody of Levi Petrone, born March 29, 1998, Anthony Petrone, born August 8, 1999, Octavia S. Petrone, born March 8, 2004 and Mia A. Petrone, born September 30, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the children. 5. Mother shall have the following periods of partial physical custody: A. Beginning June 15, 2012, alternating weekends from after school or camp to Sunday at 6:00 p.m. B. Every Wednesday from 7:00 a.m. to Thursday at 4:00 p.m. C. All overnights shall be held at the maternal grandmother's residence. 6. Maternal uncle, Brian, shall not have any unsupervised contact with the children. 7. No corporal punishment is to be administered by any third party. 8. Neither party may leave the children unsupervised. 9. The parties shall communicate by texting and not through any third party. 10. Unless otherwise specified herein, transportation shall be shared such that the parties shall exchange custody at the Sheetz station in Shippensburg. 11. Neither party may drink alcohol to the pint of intoxication or use illegal drugs immediately before or during their periods of physical custody. 12. Mother shall undergo a drug test on July 2 and July 24, 2012 to be arranged and paid for by Father. 13. RELOCATION. No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. § 5337. 14. 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. Another Conciliation Conference is scheduled for August 1, 2012 at 9:30 a.m. BY THE COURT, r, Kevin ess, P.J cZMark F. Bayley, Esquire, Counsel fo ater "Emily Duckworth, certified legal intern, Counsel for Mother Megan Riesmeyer, Esquire, Community Law Clinic" . COP; f'S 7 A6 .I ANTHONY PETRONE, Plaintiff V. HEATHER PETRONE, Defendant PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7858 CIVIL ACTION - LAW : IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Levi Petrone Anthony Petrone Octavia S. Petrone Mia A. Petrone March 29, 1998 August 8, 1999 March 8, 2004 September 30, 2006 Father Father Father Father 2. A Conciliation Conference was held in this matter on June 5, 2012, with the following in attendance: The Father, Anthony Petrone, with his counsel, Mark F. Bayley, Esquire, and the Mother, Heather Petrone, with her counsel, Emily Duckworth, certified legal intern, and Megan Riesmeyer, Esquire, Community Law Clinic. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated December 3, 2009 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends and one overnight per week. Thereafter the parties reconciled. However, the parties have again separated and Father filed the within Petition to Modify 4. A PFA was entered at docket number 12-3157 against Father that included custody provisions. 5. The parties agreed to an Order in the form as attached. Date: ?- cq ine M. Verney, Esquire Custody Conciliator ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7858 CIVIL ACTION - LAW HEATHER PETRONE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 66 , day of A,r?- , 2009, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 6, 2012 is hereby vacated. 2. The Father, Anthony Petrone and the Mother, Heather Petrone, shall have shared legal custody of Levi Carmen Petrone, born March 29, 1998, Anthony Garrett Petrone, born August 8, 1999, Octavia Skylar Petrone, born March 8, 2004 and Mia Arianna Petrone, born September 30, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 3. Father shall have primary physical custody of the children. 4. Mother shall obtain a drug and alcohol evaluation and follow any recommendations until successfully completed. If Mother is not drug tested weekly during her D&A counseling, then upon completion of counseling she shall undergo a drug hair follicle test at her expense. Mother shall have supervised visits with the children as long as she is still in D&A counseling and until a hair follicle test or weekly drug testing shows she is not using any illegal drugs. Counsel for Father shall be entitled to copies of all counseling and drug test records. Maternal Grandmother shall be the supervisor. 5. Mother shall have the following supervised visitation and/or the following periods of partial physical custody if the above requirements are met: A. Alternating weekends from Friday after school or if no school, 5:00 p.m. to Sunday at 6:00 p.m. B. Every Wednesday from after school or 5:00 p.m. if no school, until Thursday when Mother will be responsible for getting the children to school or if no school, then until 5:00 p.m. 6. Maternal uncle, Brian, shall not have any unsupervised contact with the children. 7. No corporal punishment is to be administered by any third party. 8. Father may not leave the younger children unsupervised. The two older boys may be unsupervised for up to 60 minutes after school. 9. The children shall have no contact with Phil Isaac. 10. No third party adults are permitted to sleep in the children's rooms. 11. Unless specified otherwise herein, transportation shall be shared such that the parties shall exchange custody at the Sheetz station in Shippensburg. If Mother is more than 15 minutes late for a custody exchange, she shall forfeit her period of custody. 12. Holidays: A. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall always have the earlier time and Father shall always have the later time. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 27. Father shall always have Block A and Mother shall always have Block B. C. Mother shall always have physical custody of the children on Mother's Day and Father shall always have physical custody of the children on Father's Day, both from 9:00 a.m. to 6:00 p.m. D. Mother shall always have visitation/physical custody of the children on Easter from 9:00 a.m. to 6:00 p.m. E. Each party shall have one uninterrupted week of vacation provided they give the other party 2-weeks notice. 13. Neither party may drink alcohol to the point of intoxication or use illegal drugs immediately before or during their periods of visitation/physical custody. 14. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 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, J. cc: ark F. Bayley, Esquire, Counsel forFather ?Emily Duckworth, certified legal intern, Counsel for Mother - "' Megan Riesmeyer, Esquire, Community Law Clinic a r =`D G C-- ca cD ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7858 CIVIL ACTION - LAW HEATHER PETRONE, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Levi Carmen Petrone Anthony Garrett Petrone Octavia Skylar Petrone Mia Arianna Petrone March 29, 1998 August 8, 1999 March 8, 2004 September 30, 2005 Father Father Father Father 2. A Conciliation Conference was held in this matter on August 1, 2012, with the following in attendance: The Father, Anthony Petrone, with his counsel, Mark F. Bayley, Esquire, and the Mother, Heather Petrone, with her counsel, Emily Duckworth, certified legal intern, and Megan Riesmeyer, Esquire, Community Law Clinic. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated June 6, 2012 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends supervised by maternal grandmother. 4. The parties agreed to an Order in the form as attached. Dater J y? Oac eline M. Verney, Esquire Custody Conciliator H ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-7858 CIVIL ACTION -LAW HEATHER PETRONE, Defendant : IN CUSTODY AMENDED ORDER OF COURT AND NOW, this /S' day of ~~(~, ~' , 2012, the prior Order of Court dated August 6, 2009, is hereby amended to reflect a date of August 6, 2012. BY THE COURT, ~~L J. c~Mazk F. Bayley, Esquire, Counsel for Father /~mily Duckworth, certified legal intern, Counsel for Mother Megan Riesmeyer, Esquire, Community Law Clinic ~,p;es rc~, ~~ ~~i~~a ~ c ;.~ ~~~ ;.:, ~~ ~ `~''~ ~~- - -,.,-~ -~ ~ .~~-. .. ~~ a ~. ~, `~" .~.~~ t ~~~ :~~~ w~ : :-1 ~..~ ....a -!; _ 431 r r- ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C") Zf r;' V. : NO. 2009-7858 CIVIL ACTION -LJV HEATHER PETRONE, Defendant : IN CUSTODY CO C:> ORDER OF COURT PC Fq ftbL AND NOW,this day of t'IA-` , 2013, upon = " consideration of the attached Custody Conciliation eport, it is ordered an irected as follows: 1. e um �`ou ourt House, on the day of , at o'clock, , a which time testimon e aken. For purposes of this Hearing, the Father shall be deemed to e�rroving�arty and shall proceed initially with testimony. Counsel ach party shall file with the-Court and opposing counsel a Memorandu ing forth each party's position on custody a list-,of witnesses who will be e ed to testify at the Hearing and a summary of the anticipated t s ftymny of each i e of leas ive Mys p ' 2. Pending the hearing,the prior Orders of Court of the Honorable Kevin A. Hess dated August 6, 2012, January 23, 2013 and February 26, 2013 shall remain in full force and effect, with the following modification. 3. The requirement for supervision for Mother's periods of physical custody is vacated. 4. 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 TH C RT, T oma X HPUVW Common Pleas Judge cc: ark F. Bayley, Esquire, Counsel for Father q Emily Duckworth, certified legal intern, Megan Riesmeyer, Esquire, Community Law Clinic, Counsel for Mother r ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7858 CIVIL ACTION -LAW HEATHER PETRONE, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess,P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Levi Carmen Petrone March 29, 1998 Father Anthony Garrett Petrone August 8, 1999 Father Octavia Skylar Petrone March 8, 2004 Father Mia Arianna Petrone September 30, 2005 Father 2. A Conciliation Conference was held in this matter on April 23, 2013, with the following in attendance: The Father, Anthony Petrone, with his counsel, Mark F. Bayley, Esquire, and the Mother, Heather Petrone, with her counsel, Emily Duckworth, certified legal intern and Megan Riesmeyer, Esquire, Community Law Clinic. 3. The Honorable Kevin A. Hess, P.J. previously entered an Orders of Court dated August 6, 2012, January 23, 2013 and February 26, 2013 providing for shared legal custody, Father having primary physical custody and Mother having periods of supervised visitation three weekends per month. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having supervised visitation until she submits to a hair follicle test to prove she is not using illegal drugs. If Mother tests negative Father is willing to go to a shared physical custody schedule during the summer. Father is concerned that Mother continues to use illegal drugs. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody on a week on/week off schedule. Mother asserts that she has been attending drug and alcohol counseling and has tested negative for illegal substances. She requests that the supervision be lifted. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, lifting the requirement for supervision, and continuing Mother's weekend custodial periods. It is expected that the Hearing will require one-half day. -�y - 13 � V Date UacqjLne M. Verney, Esquire Custody Conciliator ANTHONY PETRONE, (0 Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. o 9, 17 2009-07858 CIVIL TERM HEATHER PETRONE, c Defendant IN CUSTODY s c IN RE: CUSTODY TRIAL SCHEDULING AND NOW, this 8t" ORDER OF COURT > day of May 2013, upon review of the Conciliation Summary 7D Report, a custody trial is scheduled for 1 July 2013 at 1:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Plaintiff shall be deemed the moving party and shall initially proceed with testimony. Counsel shall attend a half hour Pre-trial Conference scheduled for 20 June 2013 at 1:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 13 June 2013. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of proposed questions the court may ask, in camera, of any child witness; e. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that a copy of the exhibit has been given to opposing counsel; f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and g. A proposed final custody order. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the narrowing of the issues; b. the entry of a scheduling order; c. the special scheduling of any child witness either party intends to call at trial; d. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; e. the limitation of the number of expert witnesses; f. settlement and/or mediation of the case; and g. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. Thomas A. Placey, C.P.J. Distribution: Mark F. Bayley, Esq. Megan Riesmeyer, Esq. Ape 3 y� Anthony Petrone, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C- V. : CIVIL ACTION—LAW IN CUSTODY Heather Petrone, —�E _4c: ev Defendant :NO. 09 - 7858 CIVIL TERM - ' MOTION FOR CONTINUANCE Defendant,Heather Petrone,by and through her attorneys,the Community Law Clinic, represent the following: 1. On May 8,2013,the Court issued an order scheduling a custody trial for July 1, 2013 at 1:30 p.m. in Courtroom Number Six. 2. The Order of Court directs both parties to prepare and file with the court a pre-trial statement no later than June 13, 2013. 3. The Order of Court scheduled a Pre-trial Conference for June 20, 2013 at 1:30 p.m. in Courtroom Number Six. 4. The parties are currently working on reaching an agreement regarding custody of the four minor children. 5. Plaintiff requests at least a 30 day continuance of the custody hearing scheduled for July 1, 2013,thereby continuing the pre-trial dates by the same amount of time. 6. Defendant, through his counsel, Mark Bayley,has agreed to these terms. Respectfully Submitted, Michael Gleeson Certified Legal Intern Date: June 11, 2013 Megan Aiesmeyer Supervising Attorney Community Law Clinic 371 West South Street Office: 717-243-2968 Fax: 717-241-3596 Anthony Petrone, : IN THE COURT OF.COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION—LAW IN CUSTODY Heather Petrone, Defendant : NO. 09 - 7858 CIVIL TERM ORDER OF COURT �� day of ul�C� 2013,upon consideration of the AND NOW, this �� y J p attached Motion for Continuance,the motion is granted. r The custody hearing will be rescheduled for 04074�r �O at _ 1'30 PA , with the pre-trial statement due on A U� �3 and the Pre- . �f.. .. trial Conference scheduled for J 1ALQ 0 at B RT: �lU�o Oki Date Judge Mark Bayley, for Plaintiff c, a cc: Community Law Clinic, for Defendant -t. z M C= CD LL I es --G i! ANTHONY PETRONE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW HEATHER M. PETRONE, IN CUSTODY Defendant 09-7858 CIVIL TERM IN RE: PRETRIAL CONFERENCE CONTINUED ORDER OF COURT AND NOW, this 29th day of July, 2013, based on the representation of the parties, the matter is continued to the call of either party. In no event shall the request of either party for the matter to be rescheduled be later than 13 August 2013. By the Court- Thomas A. Placey C. P. J. --'ZMichael Gleeson, Certified Legal Intern Megan Riesmeyer, Esquire Community Law Clinic 371 West South Street Carlisle, PA 17013 --"�Mark F. Bayley, Esquire 17 West South Street Carlisl4e, PA 17013 C-3 :mae --a rTj ZE M M- r"'3 C' C=) t ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :'CUMBERLAND COUNTY PENNSYLVANIA . cz { V. : CIVIL ACTION-LAW �' 'n ' - : IN CUSTODY ; HEATHER PETRONE : Defendant. . : NO. 2009-7858 CIVIL TERM •., -, . C., - . STIPULATIONS Y' The undersigned parties agree and request that the following terms be entered as an Order of Court: 1. The hearing scheduled for August 26, 2013 is canceled. 2. Prior Orders of Court dated August 6, 2012, January 23, 2013, February 26, 2013 and May 8, 2013 shall remain in full force and effect subject to the following provisions herein. 3. Mother's custodial periods shall be supervised by the maternal grandmother. 4. The Defendant shall reimburse the Plaintiff the amount of$216.00 for costs associated with drug testing on or before November 1, 2013. Payment shall be made directly to Plaintiff's counsel on or before said date. 5. The Plaintiff shall provide all transportation regarding custodial exchanges until August of 2015 so long as the parties' residences remain approximately the same distance apart as present, contingent upon the Defendant executing and filing consent and waiver documents for the divorce docketed at 13-1116. 6. Either party shall have the right of first refusal if the custodial party will be unable to exercise custody for a period of three hours or more. Defendant's custodial periods under this provision will remain supervised. 7. a. Defendant shall execute and file consent and waiver documents for the divorce docketed at 13-1116 within five days of the execution of the within stipulation. b. The Defendant shall assume full ownership of the long dresser with the mirror, the headboardlbedframe and the rocking chair that was a gift from Defendant's family. Defendant shall give 24 hours prior notice to Plaintiff of when she plans to move said furniture form Plaintiffs residence; Defendant shall move said furniture from Plaintiff s residence on or before November 1, 2013 or otherwise ownership of the furniture shall be surrendered to the Plaintiff. c. The parties will split the cost of copying any family photographs/pictures in Plaintiff's possession that Defendant wishes to have. d. The property provisions herein fully and_completely satisfy the economic claims brought in the divorce action at docket 13-1116. 8. 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. Anthony Petrone LG sc . Date or his counsel of record ife--athU Petrone Date or her counsel of record ANTHONY PETRONE , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA-; "_• . v. : CIVIL ACTION–LAW - t : IN CUSTODY HEATHER PETRONE , - Defendant. : NO. 2009-7858 CIVIL TERM "'c-, ORDER OF COURT AND NOW, this day of , 2013, upon consideration of the attached Stipulation, it is ordered and direct as ollows: 1. The hearing scheduled for August 26, 2013 is canceled. 2. Prior Order of Court dated August 6, 2012, January 23, 2013, February 26, 2013 and May 8, 2013 shall remain in full force and effect subject to the following provisions herein. 3. Mother's custodial periods shall be supervised by the maternal grandmother. 4. The Defendant shall reimburse the Plaintiff the amount of$216.00 for costs associated with drug testing on or before November 1, 2013. 5. The Plaintiff shall provide all transportation regarding custodial exchanges until August of 2015 so long as the parties' residences remain approximately the same distance apart as present, contingent upon the Defendant executing and filing consent and waiver documents for the divorce docketed at 13-1116. 6. Defendant shall execute and file consent and waiver documents for the divorce docketed at 13-1116 contingent upon the following: a. Plaintiff shall give Defendant the long dresser with the mirror, the headboard/bedframe and the rocking chair that was a gift from Defendant's family. 7. The parties will split the cost of copying any family photographs/pictures in Plaintiff's possession that Defendant wishes for her own. 8. Either party shall have the right of first refusal if the custodial party will be unable to exercise custody for a period of three hours or more. Defendant's custodial periods under this provision will remain supervised. ro 9. 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 • Date J. Thomas A. Placey e ichael Gleeson, CLI (Counsel for Plaintiff) Common Pleas Judge Community Law Clinic 371 West South Street Carlisle, PA 17013 Mark Bayley, Esq. (Counsel for Defendant) Bayley and Mangan 17 West South Street Carlisle, PA 17013 Cop l'es 8/i4 /3 Anthony Petrone, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA (�' T.. V. : CIVIL ACTION - LAW IN CUSTODY M CU G!) Heather Petrone, ..< C)�.� � Defendant : NO. 09—7858 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW "jo Petitioner, The Community Law Clinic hereby petitions for leave to withdraw from further representation of Heather Petrone, pursuant to Pa.R.P.C. 1.16(b)(5) and (b)(7) and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. Ms. Petrone first signed a Representation Agreement with the Community Law Clinic on November 23, 2009. The Community Law Clinic also represents Ms. Petrone for divorce and support, and has petitioned to withdraw from both. 2. During the course of representation,Ms. Petrone has repeatedly failed to fulfill obligations to the Community Law Clinic. 3. During the course of representation, Ms. Petrone has repeatedly missed appointments and communicates infrequently with the Community Law Clinic. 4. The Community Law Clinic has informed Ms. Petrone of our intent to withdraw from representation if these issues continue. 5. All correspondence to Ms. Petrone is mailed to 203 Zion Road,Newburg, PA 17240 and none has been returned to the Clinic. 6. Pursuant to C.C.R.P. 208.2(d),the Community Law Clinic sought concurrence from opposing counsel to this petition; at the time of filing the Community Law Clinic has received no response. 7. The Honorable Judge Albert H. Masland has previously ruled in this matter. WHEREFORE, the Community Law Clinic requests permission to withdraw as counsel for Ms. Petrone in this matter. Respectfully Submitted, Date: 0 , 20 Michael Gleeson Certified Legal Intern Megan iesmeyer Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Michael Gleeson Certified Legal Intern Anthony Petrone, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Heather Petrone, Defendant : NO. 09—7858 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of a Petition to Leave for Withdraw on the following persons by first class United States mail, postage prepaid,the Z&day of August, 2013: Heather Petrone, residing at 203 Zion Road,Newburg, PA 17240, and Mark Bayley, Esq., at 17 West High Street, Carlisle, PA 17013 (counsel for Anthony Petrone). OT- Michael Gleeson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 Phone: (717) 243-2968 Fax: (717) 241-3596 Anthony Petrone, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY Heather Petrone, Defendant NO. 09—7858 CIVIL TERM ORDER OF CQUIRT-RULE TO SHOW CAUSE AND NOW,this day of 2013: (1) a rule is issued upon Heather Petrone to show cause why the Community Law Clinic should not be granted leave to withdraw as counsel of record; (2) Heather Petrone shall file an answer to the petition within twenty days of service upon her; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) notice of the entry of this order shall be provided to all parties by the Community Law Clinic. By th C(urt, By th C urt, J. MOTOWN Cep ��t'3 ��.5 Z1, 9z tin Anthony Petrone : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09—7858 CIVIL TERM r Heather Petrone, • -a rri Defendant IN CUSTODY m Cal w C> T r-- - PETITION TO MAKE RULE ABSOLUTE pc., ;:. AND NOW, comes petitioner, the Community Law Clinic, and petitions the coi rt a follows: 1. Petitioner, the Community Law Clinic, is counsel of record for the above-named Defendant, Heather Petrone. 2. Petitioner filed a Petition to Withdraw in this matter on August 20, 2013. On August 26, 2013, this Court issued a Rule to Show Cause why the Community Law Clinic should not be permitted to withdraw. A copy of the Petition and Rule to Show Cause are attached hereto and incorporated herein by reference as Exhibit"A". 3. The August 26, 2013 Rule to Show Cause permitted either party to object to the Community Law Clinic's request to withdraw as Heather Petrone's counsel, within twenty(20) days after service. 4. A true and correct copy of the Petition was served upon Respondent, Heather Petrone, by first class mail, postage prepaid, at 203 Zion Road,Newburg, PA 17240, on August 22, 2013. A true and correct copy of the Petition was served upon counsel for Plaintiff on the same date. 5. A true and correct copy of the August 26, 2013 Rule to Show Cause was served upon Respondent, Heather Petrone, by first class mail, postage prepaid, at 203 Zion Road,Newburg, PA 17240, on August 31, 2013. A true and correct copy of the August 26, 2013 Rule to Show Cause was served upon counsel for Plaintiff on the same date. 6. Twenty (20) days have passed since the Rule was served upon the Respondent and Plaintiff's counsel, and no response or objection has been filed. WHEREFORE, the Community Law Clinic requests this Court to enter an Order permitting it to withdraw as counsel for Heather Petrone in this matter. Date: Qq. 2 . 2613 Michael Gleeson Certified Legal Intern )//' M Megan ` esmeyer Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: oq. 7 . 2613 Michael Gleeson Certified Legal Intern Anthony Petrone : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09—7858 CIVIL TERM • Heather Petrone, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael Gleeson, hereby certify that I am serving a true and correct copy of the Petition to Make Rule Absolute on the following persons by depositing a copy of the same in the United States Mail, postage prepaid, this 23th day of September, 2013: Heather Petrone 203 Zion Road Newburg, PA 17240 Mark Bayley, Esq., counsel for Defendant 17 West South Street Carlisle, PA 17013 M chael Gleeson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 . . (p,t / Anthony Petrone : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09—7858 CIVIL TERM Heather Petrone, • Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ed4.ay of 2013 upon presentation and consideration of the within Petition to Make Rule Absolute, the Rule entered by Order on August 26, 2013, is hereby made ABSOLUTE and Petitioner, the Community Law Clinic, is permitted to withdraw as counsel for the Defendant, Heather Petrone. 1 BY THE CO 4 RT, I Thom.s A. Placey J. Common Pleas Judge c Community Law Clinic, attorney for Plaintiff 371 West South Street Carlisle, PA 17013 ark Bayley, Esq., attorney for Defendant 17 West South Street Carlisle, PA 17013 CO C.Cpti_S /eYLS t.Lck__ m m ,ii, ::-,z y) --E, -, :- r na 9�aS`!3 r" ; mac; CO ` • :.n Mark F.Bayley,Esquire `c,3 " w BAYLEY&MANGAN rn c7 t'1- 17 West South Street -' cn 7-3 Carlisle,PA 17013 Z ry C (717)241-2446 cv �µ ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09-7858 CIVIL TERM Defendant. : IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW comes Anthony Petrone,by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. The Petitioner is Anthony Petrone, (hereafter"Father") who currently resides at 738 Raystown Circle, Shippensburg, Pennsylvania, 17257. 2. The Respondent is Heather Petrone, (hereafter"Mother")who currently resides at 203 Zion Road,Newburg, 17240. 3. On August 16, 2013 the Honorable Thomas A. Placey issued a Court Order in relation to the above captioned matter involving the following minor children: Levi Carmen Petrone March 29, 1998 Anthony Garrett Petrone August 8, 1999 Octavia Skylar Petrone March 8, 2004 Mia Arianna Petrone September 30, 2005 (Attached as "Exhibit A"). 4. Mother has had ongoing issues with regard to drug use; her drug of choice is crack cocaine. y3.06) O L ckii" 3i/61 9.g 81/13 5. Paragraph 3 of the Order therefore states: "Mother's custodial periods shall be supervised by the maternal grandmother." 6. Earlier this year Mother had been requesting increased custodial rights based upon her allegation that she had been successfully completing drug treatment and had been clean for months. 7. Mother submitted to drug testing on June 24, 2013 on the agreement between the parties that if she passed Father would pay for the testing (on which he would advance the costs of$216) and if she failed she would reimburse Father the costs of testing. 8. Rather than simply being honest and admitting to her recent drug use, Mother wasted the time and money of going through with the above testing and was subsequently found to be positive for cocaine use. 9. Paragraph 4 of the Order therefore states: "[Mother] shall reimburse [Father] the amount of$216.00 for costs associated with drug testing on or before November 1, 2013." 10. It came to Father's attention that Mother had been left alone with the children in violation of paragraph#3 of the Order on one or more occasion just prior to September 25, 2013. 11. Undersigned counsel forwarded a letter to Mother on September 25, 2013 reminding her of the supervision requirement and warning that continued failure to comply would result in a petition relating to contempt (see letter attached as "Exhibit A"). 12. Mother was again in willful contempt of paragraph 3 of the Order on November 9, 2013 when she was left alone and unsupervised with Levi, Anthony and Octavia when her supervisor, the maternal grandmother, went on a shopping trip. 13. Mother was again in willful contempt of paragraph 3 of the Order on November 17, 2013 when she was left alone and unsupervised with Levi, Octavia and Mia when her supervisor went out somewhere. 14. Mother is in willful contempt of paragraph 4 of the Order in that she has paid nothing to date with regard to her obligation to reimburse Father$216 by November 1, 2013. 15. On numerous occasions Mother violated previous orders. 16. Father was forced to file a previous petition involving contempt on December 13, 2012 after Mother allowed the children to have contact with a known crack cocaine addict Phil Isaac in violation of the controlling order at the time. 17. With regard to that incident Mother admitted to being in contempt as noted in paragraph 2 of the January 23, 2013 order and was warned that a subsequent violation of the same provision would result in sanctions. 18. Mother's continuing failure to follow the directives of the Court is placing the children in danger and is costing Father ongoing and unnecessary legal fees. WHEREFORE, Petitioner requests that Respondent be held in contempt of the August 16, 2013 order, that appropriate relief and modification of the August 16, 2013 order be made so as to enforce its terms and ensure the safety of the children, and that the Court award to Petitioner attorney and filing fees relating to the within petition along with all other relief deemed appropriate. Respectfully submitted, BAYLEY & MANGAN 13 [ ...... .,Lt13 Date: OJ Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09-7858 CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. ,lIr3 Date Anthony P- o - CRIMINAL RECORD I ABUSE HISTORY VERIFICATION I, Anthony Petrone, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nos W --4 any other member of my household have been convicted or pled guilty or lea :7 Y Y P Z Y p r:t contest or was adjudicated delinquent where the record is publicly available putt Cx -t:) c? the Juvenile Act, 42 :r c--). r", r` y';K Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent - crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence All that household convictions apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 — ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 (relating to kidnapping) ❑ 18 Pa.C.S. §2902 (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 (relating to sexual assault) ❑ 18 Pa.C.S. §3125 (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 C (relating to indecent assault) 18 Pa.C.S. §3127 — — (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 _ — (relating to conduct Relating to sex offenders) ❑ 18 Pa.C.S. §3301 — — (relating to arson and relating offenses) • 18 Pa.C.S. §4302 _ _ (relating to incest) ❑ 18 Pa.C.S. §4303 — — (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 _ _ (relating to endangering welfare of children) C 18 Pa.C.S. §4305 — _ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) — (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or — — (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 — (relating to corruption of minors) _ 18 Pa.C.S. §6312 _ — (relating to sexual abuse of children) _ 18 Pa.C.S. §6318 — — (relating to unlawful contact with minors) ❑ 18 Pa.C.S. §6320 — (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 _ — (relating to contempt for violation of protection order or agreement) ❑ Driving under the V — /9/3 influence of drugs or alcohol ❑ Manufacture, sale, — — delivery,holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply members ❑ A finding of abuse by Children &Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: — — 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Signature Anthony Petrone /`'llg `7 10k/g Printed Name Bayley 85 Mangan ATTORNEYS AT LAW 17 West South Street Carlisle,Pa 17013 Mark F.Bayley,Esquire Telephone:(717)241-2446 John J.Mangan,III,Esquire Fax: (717)241-2456 Brian 0.Williams,Esquire Connie J.Gibson,Secretary September 25, 2013 Heather Petrone 203 Zion Road Newburg, PA 170240 Dear Ms. Petrone: The August 16, 2013 Court Order dictates that your mother shall supervise your custodial periods. It has come to my attention that you have violated this provision and obviously your mother has been complicit with these actions. Please let this letter serve as notice that Anthony intends to file a petition to have you held in contempt in the event that we discover an additional violation of said provision. If your mother is unable to comply with the Order she will obviously no longer be a candidate for supervisor. If the Court determines that your mother cannot be trusted to supervise I have no idea of what will become of your custodial periods. I recommend that you properly comply with the Court Order from this point forward. Sincer y, /A/ `Mark . Bayley, Esquire cc: Anthony Petrone CJG/ ANTHONY PETRONE : IN THE COURT OF COMMON PLEAS OF Plaintiff, • CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HEATHER PETRONE : NO. 09-7858 CIVIL TERM Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Heather Petrone 203 Zion Road Newburg, PA 17240 175 •isy Mark F. Bayley, squire ANTHONY PETRONE IN THE COURT OF COMMON PLEAS OF C'3 rte;, PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAk c`a V. 2009-7858 CIVIL ACTION LAW ' HEATHER PETRONE IN CUSTODY DEFENDANT C; - -A ORDER OF COURT AND NOW, Friday,November 22,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,December 17,2013 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ jacqueKne M. Verney, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association o bgww// 32 South Bedford Street Royle�, ,g Carlisle, Pennsylvania 17013 44( Telephone (717)249-3166 Ve J�'? r1li ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7858 CIVIL ACTION -LAW HEATHER PETRONE, Defendant : IN CUSTODY ORDER OF COURT AND NOW,this23FD day o , 2013, upon consideration of the attached Custody Conciliation Re , it is ordered and directed as follows: A SL sc a ule e above case on the day of , 2014 at m. in courtroom number of the Cumberland Co ourthouse. The parties are directed to proceed with filing a pretrial statem rt the Court and the other party consistent with the Pennsylvania Rule o rocedure 1915.4-4. 2. A m er and Co , _. ., For purposes of 44941 M iNg, AL. Father shall be deemed to be the moving party and shall proceed initially with testimony. 2. Pending the hearing,the prior Orders of Court of the Honorable Kevin A. Hess dated August 6, 2012, January 23, 2013, February 26, 2013, May 8, 2013 and of the Honorable Thomas A. Placey dated August 16, 2013 shall remain in full force and effect. 4. 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 CO R Thomas A.Piacey .. common Weas Judge dark F. Bayley, Esquire, Counsel for Father -xa ; cry �Ieather Petrone,pro se ,' . 203 Zion Road W Newburg, PA 17240 0-3 ,gyp ANTHONY PETRONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2009-7858 CIVIL ACTION-LAW HEATHER PETRONE, Defendant : IN CUSTODY PRIOR JUDGE: Thomas A. Placey,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Levi Carmen Petrone March 29, 1998 Father Anthony Garrett Petrone August 8, 1999 Father Octavia Skylar Petrone March 8, 2004 Father Mia Arianna Petrone September 30, 2005 Father 2. A Conciliation Conference was held in this matter on December 17, 2013, with the following in attendance: The Father, Anthony Petrone, with his counsel, Mark F. Bayley, Esquire, and the Mother, Heather Petrone, pro se. 3. The Honorable Kevin A. Hess, P.J. and the Honorable Thomas A. Placey previously entered Orders of Court dated August 6, 2012, January 23, 2013, February 26, 2013, May 8, 2013 and August 16, 2013 providing for shared legal custody, Father having primary physical custody and Mother having periods of supervised visitation three weekends per month. Mother was also ordered to pay Father$216.00 for drug testing. 4. Father's position on custody is as follows: Father seeks a finding of contempt alleging Mother has failed to reimburse Father$216.00 by November 1, 2013 for drug testing in which she tested positive. Father also seeks a finding of contempt alleging Mother was unsupervised with the children on November 9,November 17 and December 2, 2013. Father is seeking counsel fees and filing fees and a modification of the Custody Orders consistent with a finding of contempt. 5. Mother's position on custody is as follows: Mother acknowledges she has not paid Father the $216.00. She asserts that she had fewer hours at work and thus less money available to pay Father. She also asserts having less money due to buying Christmas presents for the children. She indicates she can pay Father$216.00 by January 16, 2014. Mother also acknowledges having unsupervised contact with the children on the days indicated, but says it was only for a short period of time while her mother went to the grocery store. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one hour. Date qcq!tu:�* e M. Verney, Esquire Custody Conciliator O1 :II1I�(1 [J ANTHONY PETRONE, 0 Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT v. 2009-07858 CIVIL TERMVI HEATHER PETRONE, -` -'' Defendant IN CUSTODYr -t" irl r*1 IN RE: CUSTODY TRIAL SCHEDULING -< Vic? ORDER OF COURT p c AND NOW, this 8th day of January 2014, upon review of the Conci aijon Summary Report, a custody trial is scheduled for 27 February 2014 at 1:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Plaintiff shall be deemed the moving party and shall initially proceed with testimony. Counsel only shall attend a Pretrial Conference scheduled for 22 January 2014 at 11:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 17 January 2014.. 1. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; e. A proposed final custody order. f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the order of testimony; b. the narrowing of the issues; c. the entry of a pretrial order to include time limits; d. the special scheduling of any child witness either party intends to call at trial; e. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; f. the limitation of the number of expert witnesses; g. settlement and/or mediation of the case; and h. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. BY THE COURT, 1A. Thomas A. Placey, C.P.J. Distribution: Mark F. Bayley, Esq. ather Petrone, pro se 203 Zion Road Newburg, PA 17240 COr i CS , 2 tLeL .0 01/111 rr 1 +p ANTHONY PETRONE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v C a CIVIL ACTION - LAW 2009-7858 CIVIL TERM _V= r HEATHER PETRONE, ' � J Defendant IN CUSTODY Njt' mac: IN RE: PRETRIAL CONFERENCE ,�' 2t—.. rw ORDER OF COURT DJ AND NOW, this 22nd day of January, 2014 , a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse on the Plaintiff ' s Petition for Contempt. Present on behalf of Plaintiff was Mark F. Bayley, Esquire . Present was Defendant, pro se, Heather Petrone. This is a custody action between Defendant/Mother and Plaintiff/Father concerning four children, Levi (15) , Anthony (14) , Octavia (9) , and Mia (8) . The current custodial status is primary with Father and Mother having periods of supervised visitation. Mother is seeking to maintain the status quo while Father is seeking a finding of contempt, together with a suspension of the supervised visitation. Part of the purpose of the suspension of supervised visitation is to obtain and maintain appropriate supervision, with the other dynamic being the requested legal fees . Father shall proceed first with testimony followed by Mother, then Father' s expected witnesses . Mother has not filed a pretrial statement and will be prohibited from presenting additional witnesses . The two older children have been identified as potential witnesses . However, none of the children are to be brought to the courthouse during these legal proceedings absent prior Court approval . If the Court should desire to speak with any of the children, that testimony and time will be specially set after hearing the underlying facts in this matter. The total time allotted to each party for examination and cross examination of all witnesses is 1 1/2 hours each. How they choose to use it is left to them but additional time will not be given absent extraordinary circumstances . The only exhibit identified is counsel fees, which has been verbally provided to Defendant. However, a written form shall be provided prior to trial for its use at trial . There are no outstanding motions . Trial shall commence on 27 February 2014, at 1 : 15 p.m. , in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice . By the Court, Thomas A. Placey C. P.J. -..I' Mark F. Bayley, Esquire 17 W. South Street Carlisle, PA 17013 For Plaintiff Heather Petrone, pro se 203 Zion Road Newburg, PA 17240 :mae ANTHONY PETRONE, Plaintiff v . • IN THE COURT OF COMMON PLEAS OF . • CUMBERLAND COUNTY, PENNSYLVANIA . ▪ THE NINTH JUDICIAL DISTRICT . CIVIL ACTION - LAW -a a HEATHER PETRONE, • • 09 -7858 CIVIL TERM rrl Defendant • ▪ IN CUSTODY :rte' ; Cnr f arc r— C C� � r y > C':. "+"d IN RE: PETITION FOR CONTEMPT zr=, ORDER OF COURT Cho AND NOW, this 27th day of February, 2014, following trial on the Petition for Contempt filed by Father, it is found that Mother /Defendant is in willful contempt of this Court's order of 16 August 2013 at paragraphs 3 and 4. The penalty for contempt shall be as follows: 1. Mother shall pay Father's attorney's fees and costs associated with this matter in the amount of $500 if a successful hair follicle drug test is submitted to the Court, with a copy to Plaintiff's counsel, by 1 April 2014. Otherwise mother shall pay $1,200 in attorney's fees and costs associated with this matter to Father. 2. Mother shall pay the unpaid balance associated with paragraph 4 of this Court's 16 August 2013 Order of Court in the amount of $1 to father within 30 days. 3. Defendant shall pay the remaining balance in monthly payments of not less than $40 per month, to be made on or before the 5th of each month until such sum is paid in full. These payments are to begin in April 2014. Further, these payments are separate and apart from the payments made in relation to any Domestic Relations child support order. 4. Mother's physical custodial rights set forth in this Court's prior orders of 16 August, 8 May, 26 February, and 23 January, 2013, are suspended until Mother passes a hair follicle drug test at her own expense. 5. Upon successful completion of the hair follicle drug test mother's periods of physical custody shall revert back to the prior orders, subject to compliance with the payment order in this order. 6. In this interim period Mother shall have visits with the children supervised by Father for 2 hours on the 1st, 3rd, and when occurring, 5th Saturday of every month from noon until 2:00 p.m. at public locations. 7. These public locations are to be mutually selected with Father making the initial designation. 8. The exceptions to these Saturday visits are subjected to Father's work schedule, on an emergency basis, which will require a mutual rescheduling of the visitation at the earliest practical time. Father shall make known to Mother as soon as it is made known to him that an emergency at work has occurred requiring his presence. 9. All of Mother's visitation custodial periods shall be suspended in all orders when Defendant is not in compliance with the monthly payment schedule set forth above. No further relief is granted at this time. Mark F. Bayley, Esquire q 17 West South Street Carlisle, PA 17013 For Plaintiff Thomas A. Placey C.P.J. appy eather Petrone, pro se 203 Zion Road .`.. Newburg, PA 17240 :mae