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HomeMy WebLinkAbout04-4745NORMAN H. FROMM, Plaintiff VS. DANIELLE M. TEDESCO, Defendant COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, NORMAN H. FROMM, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is NORMAN H. FROMM, an adult individual who resides at 616 North Front Street in Wormleysburg, Cumberland County, Pennsylvania. 2. The Defendant is DANIELLE M. TEDESCO, an adult individual who resides in 274 Walton Street in Lemoyne, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the parents of one minor child, Hannah Marie Tedesco, age 7, born 9 October 1996. 4. Plaintiff seeks an award of shared legal and physical custody of the child. 5. The child was born out of wedlock and at the time of this Complaint, the child reside with the Defendant and her parents. 6. During the past five years, the minor child has resided with the following persons IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW/ NO. 041- 4I 7'1 IN CUSTODY at the following addresses: 1998 to August 1999 Shiremanstown, PA Defendant August 1999 to present Lemoyne, PA Defendant & her parents 7. The father of the child is the Plaintiff who resides at the address set out above. 8. The mother of the child is the Defendant who resides at the address set out above. 9. The Plaintiff is the natural father of the child. Plaintiff currently resides alone. 10. The Defendant is the natural mother of the child. Defendant currently resides with her parents and the child. 1 1. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. The Defendant and her parents are overly protective of the child and refuse to allow her to lead a normal and healthy life; and B. The conduct of the mother has frustrated Plaintiff's attempts to develop and maintain a close and normal relationship with his daughter; and C. The child is now at an age where she needs a healthy parent-child relationship with both parents; and D. Plaintiff is in a position to provide for the child's emotional and social needs and desires to do so. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, NORMAN H. FROMM, requests this Court to grant him custody of the child, Hannah Marie Tedesco. Saes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12" Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). D ate: - ? NORMAN H. FROM NORMAN H. FROMM, PLAINTIFF V. DANIELLE M. TEDESCO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4745 CIVIL TERM ORDER OF COURT AND NOW, this r7 K day of September, 2004, there being no factual allegations that warrant a petition for emergency relief pending an order to be entered following conciliation, the within petition by Danielle M. Tedegco, IS DENIED. By Samuel L. Andes, Esquire For Plaintiff /Charles E. Petrie, Esquire For Defendant :sal Edgar n"V\ , on1 o9-z?-a V HIED-OK,,t;E OF THE VROTHON01AW 2004 SEP 27 Pig 2= 02 OO ?PEI SYIVXN4 NORMAN H. FROMM, Plaintiff vs. DANIELLE M. TEDESCO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAS/ NUMBER 04-4745 CUSTODY MOTION FOR EMERGENCY CUSTODY RELIEF NOW COMES Your Petitioner, DANIELLE M. TEDESCO, by her attorney, Charles E. Petrie, and respectfully represent as follows: 1. Petitioner is DANIELLE M. TEDESCO, who currently resides at 274 Walton Street, Lemoyne, County of Cumberland, Pennsylvania. 2. Respondent is NORMAN H. FROMM, who currently resides at 616 North Front Street, Wormleysburg, County of Cumberland, Pennsylvania. 3. Petitioner is the natural mother and Respondent is the natural father of a minor child, HANNAH MARIE TEDESCO, born October 9, 1996. 4. Since birth, the minor child has resided with Your Petitioner. She has never resided with Respondent. 5. On September 21, 2004, Respondent filed a Complaint for Custody, seeking shared physical and legal custody. 6. Your Petitioner believes, and therefore avers, that Respondent's new- found interest in the minor child is not motivated by an interest in the child, but in resuming the relationship with Your Petitioner that ended in August, 2004. In support of this position, Your Petitioner avers the following: a. The parties had an ongoing relationship (an extra-marital affair for Respondent) since prior to the birth of the minor child. Respondent waited until the child was 41/2 years old before admitting to the child that he was her father. Prior to that time, Respondent required the child to call him "Uncle." b. Respondent would not permit his family to know of the minor child's existence. Respondent has two other children, both older than Hannah, who do not know that Hannah exists. Hannah has never met Respondent's family, except for his sister Julie, whom she met only recently. c. Respondent refused to allow his name to be on Hannah's birth certificate until September of 2004, when he appeared at the office of Vital Records with DNA test results showing that he was Hannah's father. d. Respondent appeared at Hannah's school only once prior to September, 2004, and that occurred at the end of Hannah's first kindergarten year. In September, 2004, Respondent presented himself at Hannah's school as Hannah's father, his first public acknowledgment of her parentage. e. Respondent never attended arLy school functions, including those designed for children and their fathers. In April, 2003, Hannah's maternal grandfather attended "Donuts with Dad Day" at school, not Respondent. f. Respondent insisted that Hannah play soccer, despite Hannah's request that she play softball. Respondent was so insistent to Your Petitioner that he threatened to take her to court if Hannah did not play soccer. Respondent never appeared at a game or a practice. g. Despite the ongoing relationship between the parties, Respondent often went months at a time without seeing Hannah. He often arrived at Your Petitioner's home between the hours of 10:00 p.m. and midnight, after the child was asleep, seeking intimacy with Your Petitioner. 7. Visits between Respondent and the child are not in the child's best interest for the following reasons: a. Respondent on more than one occasion while visiting with the child called Your Petitioner from his vehicle on his cell phone within earshot of the minor child to tell Your Petitioner that he "now has Hannah" and he "might not bring her back." This terrifies the child. b. The child cries hysterically and often vomits when she is told that a visit with her father will be taking place soon. The child does not want to be alone with him. c. Hannah is afraid to be anywhere alone, or even in public with only Your Petitioner, because she fears that Respondent will take her away from her mother. d. Respondent recently told Your Petitioner that he could now pick up Hannah at school and he might not return her immediately to Your Petitioner because he "now has a bed." 8. Your Petitioner believes that such visits are not in the child's best interests. 9. Your Petitioner believes and therefore avers that a custody evaluation is necessary in this case, and that the evaluator is likely to agree with Your Petitioner's conclusions set forth hereinabove. 10. Your Petitioner has in her possession many e-mails from Respondent that clearly show Respondent's mental instability. WHEREFORE, Your Petitioner respectfully requests that Your Honorable Court enter an Order stating as follows: a. Your Petitioner shall have primary physical and full legal custody of the minor child. b. Respondent's rights of temporary physical custody of the minor child must be supervised. c. A custody evaluation shall be conducted, with the costs of said evaluation to be borne equally by the parties. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Petitioner NORMAN H. FROMM, Plaintiff vs. DANIELLE M. TEDESCO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 04-4745 CUSTODY CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that a true and correct copy of the attached appeal brief was sent by U.S. mail to the following SAMUEL L. ANDES PO BOX 168 525 NORTH 12TH STREET LEMOYNE, PA 17043 DATED: 09/27/2004 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 ID # 29029 Attorney for Defendant Lf G x Up 'S-'s] vi c? F L t NORMAN IL FROMM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE M. TEDESCO DEFENDANT 04-4745 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 05, 2004 , 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, October 26, 2004 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jaCqueline M. Vern. Esq. mnc 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 _•ro ti JJV 9" .CJO ?? Z i0.90/ ?O 1-o/ NORMAN H. FROMM, Plaintiff vs. DANIELLE M. TEDESCO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 04-4745 CUSTODY MOTION TO CONTINUE CUSTODY CONCILIATION CONFERENCE AND NOW, comes the Defendant, DANIELLE M. TEDESCO, by and through her attorney, Charles E. Petrie, and files this Motion to Continue Custody Conciliation Conference, and in support thereof avers as follows: 1. Plaintiff, Norman H. Fromm, is the natural father and Defendant, Danielle M. Tedesco, is the natural mother of HANNAH MARIE TEDESCO, born October 9, 1996. 2. That Plaintiff filed a Complaint for Custody on September 21, 2004. 3. That Defendant filed a Motion for Emergency Custody Relief on September 27, 2004. Said Motion was subsequently denied. 4. A hearing is scheduled for October 26, 2004, at 9:30 A.M. before Jacqueline M. Verney, Esquire. 5. Defendant, Danielle M. Tedesco, is scheduled to undergo a surgical procedure, specifically a colonoscopy at the Carlisle Center for Digestive Diseases, on this date and time and is unable to attend in person or by telephone. WHEREFORE, Defendant respectfully requests this Honorable Court to grant the within Motion to Continue Conciliation Conference and reschedule for a time to be determined by the parties. Respectfully submitted, CHARLES E. PETRIE I.D. #29029 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 13th day of October, 2004, I, Charles E. Petrie, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION TO CONTINUE by first class mail as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET PO BOX 168 LEMOYNE, PA 17043 Respectfully submitted, Charles E. Petrie Attorney for Defendant W e r; i- t r r-? cr> ?a C 1 W CJ --i f -i 1 ? ;i,i NOV 0 5 2004 y? Y NORMAN H. FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIELLE M. TEDESCO, : NO. 2004-4745 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this C11?4 day of z , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scbQduleed in Co oom No. _? , of the Cumberland County Court House, on the , ay of ? t_ , 200y, at 9' Oe) o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Norman H. Fromm, and the Mother, Danielle M. Tedesco shall have shared legal custody of Hannah Marie Tedesco, born October 9, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child beginning November 5, 2004: A. Alternating Saturdays from 10:00 a.m. to 6:00 p.m. B. November 26, 2004 from 10:00 a.m. to 6:00 p.m. C. December 26, 2004 from 10:00 a.m. to 6:00 p.m. D. Such other times as the parties agree. Ic 6. For purposes of this Order only, Father shall be responsible for all transportation. Father shall pick up the child at Mother's residence. Mother shall bring the child to Father's car without any other third parties present. 7. The parties shall cooperate with counseling with Anthea Stubbins. The parties shall sign any requested releases to permit the counselor to discuss matters with both parties and third parties. 7. Neither party may remove the child from the jurisdiction of the Commonwealth of Pennsylvania. 8. Neither party shall do anything nor permit any third party from doing anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. Both parties shall encourage a relationship with the other party. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE f? Edgar B. Bayley, \ J. cd"Samuel L. Andes, Esquire, counsel for Father Charles E. Petrie, Esquire, counsel for Mother ,pq -0 1 ? i..??_1"??N ? i r?? ,??''++ .3 i s'? .3' l?'v. i ?. .? _ii '??'` 1a NORMAN H. FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIELLE M. TEDESCO, : NO. 2004-4745 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannah Marie Tedesco October 9, 1996 Mother 2. A Conciliation Conference was held November 5, 2004 with the following individuals in attendance: The Father, Norman H. Fromm, with his counsel, Samuel L. Andes, Esquire, and the Mother, Danielle M. Tedesco, with her counsel, Charles E. Petrie, Esquire. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated September 27, 2004 denying Mother's Petition for Emergency Relief. 4. Father's position on custody is as follows: Father seeks shared legal and partial physical custody, including overnights. Father asserts that until August of 2004, he had open access to his daughter. After August, Mother has denied Father any unsupervised contact. Father has resorted to seeing her at her gymnastics class and at girl scouts. Father alleges that Mother has advised the child's school not to permit Father any contact with the child. Father denies threatening to remove; the child from the jurisdiction. Father suggests that Mother has alienated the child and caused the child to be fearful of him if, as Mother suggests, that the child is indeed fearful of him. Pending a hearing, the parties agree to cooperate with a counselor from Innerworks. 5. Mother's position on custody is as follows: Mother seeks sole legal custody and primary physical custody with Father having only supervised contact with the child. Mother asserts that the child is fearful of Father because he has threatened to kidnap her. Mother maintains that any unsupervised visitation would be traumatic to the child. Mother suggests a custody evaluation which Father declines since Father is not seeking primary or shared physical custody. Although Mother asserts that the child is fearful of Father, she has not provided individual counseling for the child but has encouraged the child to speak to the school counselor. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father eight hours of partial physical custody on alternating Saturdays and holiday time. It is expected that the Hearing would require one-half day. Date cqu ine M. Verney, Esquire Custody Conciliator NORMAN H. FROMM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE M. TEDESCO, DEFENDANT 04-4745 CIVIL TERM ORDER OF COURT AND NOW, this --yrelk day of January, 2005, following a hearing on the merits, IT IS ORDERED: (1) The custody order entered on November 9, '2004, is vacated and replaced with this order. (2) Norman H. Fromm and Danielle M. Tedesco shall have joint legal custody of Hannah Marie Tedesco, born October 9, 1996. (3) The mother shall have primary physical custody of Hannah. (4) The father shall have temporary physical custody with Hannah as follows: (a) A continuation of alternating Saturdays from 10:00 a.m. to 6:00 p.m. through Saturday, January 29, 2005. (b) Starting on Saturday, February 12 and Sunday, February 13, 2005, and alternating weekends thereafter, on the Saturday from 10:00 a.m. to 7:00 p.m., and on the Sunday from 10:00 a.m. to 7:00 p.m. (c) Starting on Wednesday, February 23, 2005, and each alternate Wednesday thereafter, from after school until 7:00 p.m. (d) Starting on Saturday, April 23 and Sunday, April 24, 2005, and alternating weekends thereafter, on Saturday from 10:00 a.m. to Sunday at 7:00 p.m. (e) Starting on Friday, June 17, Saturday, June 18, and Sunday, June 19, 2005, and alternating weekends thereafter, from Friday, at 6:00 p.m. until Sunday at 7:00 p.m. (5) In August, 2005, from Friday, August 12 at 6:00 p.m. through Sunday, August 21 at 7:00 p.m. (6) Starting in the school year 2005-2006, the alternate weekend visitation shall extend to a Monday at 7:00 p.m. if Monday is a school holiday. (7) Each Christmas from December 25 at 2:00 p.m. until December 27 at 7:00 p.m. The mother shall have Hannah on each December 24 and December 25 until 2:00 p.m. (8) Starting for the summer school vacation period in 2006 and each year thereafter, the mother and father shall alternate having Hannah each week with the exchanges on Sunday at 8:00 p.m. (9) At such other times as the parties may agree. (10) The mother and father shall continue to cooperate with counseling with Hannah as recommended by the counselor. harles E. Petrie, Esquire For the Mother J A-amuel L. Andes, Esquire For the Father 01 fob - C?.S 0 :I WA C- t,'VP NOZ 3A ou-'.0-09!1d JAN 2 8 2008 NORMAN H. FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVIL ACTION - LAW DANIELLE M. TEDESCO, /.NO. 2004-4745 CIVIL TERM Defendant : IN CUSTODY NORMAN FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 2007-7735 CIVIL ACTION - LAW DANIELLE TEDESCO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this : day of ? ?, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The above dockets are hereby consolidated. 2. The prior Order of Court dated January 3, 1997 is hereby vacated. 3. Mother, Danielle Tedesco, shall have sole legal custody of Hannah Marie Tedesco, born October 9, 1997. 4. Mother shall have primary physical custody of the child. 5. The parties shall cooperate with family counseling between Father and child with Deb Salem. Mother shall contact Deb Salem within 10 days of the date of this Order to schedule family counseling. Father shall be responsible for cost of counseling not covered by insurance. 6. 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 Thursday, April 2009-at 8:30 a.m. Edgar B. Bayley, ..??' r y? J ?? _ t? ?` y V ?? ? rj u- ,w.. ?, _. C? c? cc: Kara W. Haggerty, Esquire, Counsel for Father Charles Petrie, Esquire, Counsel for Mother NORMAN H. FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIELLE M. TEDESCO, : NO. 2004-4745 CIVIL TERM Defendant IN CUSTODY NORMAN FROMM, Plaintiff V. DANIELLE TEDESCO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7735 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannah Marie Tedesco October 9, 1996 Mother 2. A Conciliation Conference was held January 24, 2008 with the following individuals in attendance: The Father, Norman H. Fromm, with his counsel, Kara W. Haggerty, Esquire, and the Mother, Danielle M. Tedesco, with her counsel, Charles E. Petrie, Esquire. 3. The Honorable President Judge, Edgar B. Bayley previously entered an Order of Court dated January 3, 2005 at Docket number 2004-4745 providing for shared legal custody, Mother having primary physical and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator NORMAN H. FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIELLE M. TEDESCO, : NO. 2004-4745 CIVIL TERM Defendant IN CUSTODY NORMAN FROMM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7735 CIVIL ACTION - LAW DANIELLE TEDESCO, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac line M. Verney, Esquire, C ody Conciliator OF THE 2009 SEP 15 "ifi 9 .2 4