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HomeMy WebLinkAbout02-5468WILLIAM A. MALLOY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTI /ON -pLAW `? A CIVIL TERM HILDA F. MALLOY, : NO. 02- 5 Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 HILDA F. MALLOY, : NO.02-S 09 CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is William A. Malloy, Jr, who currently resides at 108 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17241 since November 1, 2002. 2. Defendant is Hilda F. Malloy, who currently resides at 20 South High Street, Newville, Cumberland County, Pennsylvania, 17241 since September 2000. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on August 18, 2001, at Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. ANDREWS & JOHNSON By: Taylor P. Andrews, Esq. Attorney for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 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.C.S. § 4904, relating to unsworn falsification to authorities. Date: - - a- G?? William A. Malloy, J aintiff 1 r \ ?l e ? , i',:i C ? ??// _ ???•? ? vV ? ^ - ?_ '? ??. v+ ?!1 ? ( l ? ?? c ,., ?-. - - ?, _, t:? - a ?; ?', ..,., ?. ?. WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- 5?`Y6 CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is William A. Malloy, Jr., residing at 108 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Hilda F. Malloy, residing at 20 South High Street, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: NAME Topenga N. Malloy RESIDENCE 20 South High Street Newville, PA 17241 The child was not born out of wedlock. The child is presently in the custody of Hilda F. Malloy. DOB AGE December 26, 2001 10 months During her life, the child has resided with the following persons and at the following addresses: NAME William A. Malloy & Hilda F. Malloy ADDRESS 20 South High Street Newville, PA 17241 DATES date of birth to November 1, 2002 Hilda F. Malloy 20 South High Street November 1, 2002 Newville, PA 17241 to present The mother of the child is Hilda F. Malloy, currently residing at 20 South High Street, Newville, Pennsylvania. She is married. The father of the child is William A. Malloy, Jr., currently residing at 108 Longs Gap Road, Carlisle, Pennsylvania 17013. He is married. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: William A. Malloy, Sr. and Kathy R. Malloy, father and mother 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Machenzie Bucher and Topenga N. Malloy, daughters 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. Plaintiff has undertaken and performed parental responsibilities for the child; and B. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly; and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child are not used in a manipulative fashion. C. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibilities for custody and support. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared custody of the child to Plaintiff and Defendant. Respectfully submitted, ANDREWS & JOHNSON By: T to P. Andrews, Esq. tt ey for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in the foregoing Complaint 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. DATE: William A. Malloy, Jr., ai iff \.i e7l 4 l l _J WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HILDA F. MALLOY DEFENDANT 02-5468 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, November 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before.lacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 12, 2002 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. Ve.rnev. Esq. r, 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 2 Liberty Avenue Carlisle, Pennsylvania 1'7013 Telephone (717) 249-3166 e'o ie iI clo - re,lr Z°G' eri/ VIWAU S (!(V d K NflG? OwH- yvno OC :6 Wa zz AUN zo ,lab'ONGHit cl,l :1 Hi 30 3CH-40- 03113 DEC ] 2 2002 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of i 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, William A. Malloy, Jr., and the Mother, Hilda F. Malloy, shall have shared legal custody of Topenga N. Malloy, born December 26, 2001. 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. 2. Mother shall have primary physical custody of the Child. Father shall have periods of partial physical Custody as follows: A. Beginning December 20, 2002, alternating weekends from Friday at 6:00 p.m. to Monday at 7:30 a.m. B. Every Wednesday from 7:30 a.m. to Thursday at 7:30 a.m. C. Such other times as the parties agree. 4. Mother shall have physical custody on Mother's Day. Father shall have physical custody on Father's Day. 5. The Christmas holiday shall divided into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the Child for Block A in even numbered years and Block B for odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Easter shall be split and alternated between the parties from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Vf ` V,,'? nSW43d 7. The parties shall alternate the following holidays at times agreed by the parties: Memorial Day, July 4th and Labor Day. 8. Thanksgiving shall be split among the parties with Father always having the Child from 9:00 a.m. to 6:00 p.m. 9. Transportation shall be shared such that the parties shall meet at TSC in Carlisle unless otherwise agreed by the parties. 10. While in Father's custody, the Child shall not accompany Father's relatives on their paper delivery routes. 11. Each party shall be entitled to one uninterrupted week with the Child in the summer, provided they are not working during that week. They shall provide at least 30 days prior notice of exercising this provision. In the event the custodial parent is going away for vacation, they must supply a location and telephone number where the Child may be reached. 12. 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. cc: Taylor P. Andrews, Esquire, Counsel for Father Michael A. Scherer, Esquire, Counsel for Mother WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-5468 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Topenga N. Malloy DATE OF BIRTH CURRENTLY IN CUSTODY OF December 26, 2001 Mother 2. A Conciliation Conference was held in this matter on December 12, 2002, with the following individuals in attendance: The Father, William A. Malloy, Jr., with his counsel, Taylor P. Andrews, Esquire and Mother, Hilda F. Malloy, with her attorney, Michael A. Scherer, Esquire. The parties agreed to the entry of an Order in the form as attached. Date i?facqukline M. Verney, Esquire Custody Conciliator WILLIAM A. MALLOY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, :NO. 02- 5468 CIVIL TERM Defendant : IN DIVORCE/CUSTODY MOTION FOR LEAVE TO WITHDRA?V AS COUN?EL Taylor P. Andrews, Esquire respectfully represents the following in support of this Motion: 1. On November 6, 2002 Petitioner, Taylor P. Andrews, Esquire Was ret4?6ed by Playtiff, William A. Malloy, Jr. to provide legal representation in a divorce and custody acn. gal 2. In accordance with the terms of the fee agreement incident to the, r-etent on of j'? services the Plaintiff agreed to pay legal fees based upon the time devoted to Plaintiff's ca&? (A c?y of r the fee agreement letter is attached hereto as Exhibit 1). 3. Plaintiff, William A. Malloy, Jr. has defaulted in payments due to his counsel, Taylor P. Andrews, Esquire. 4. There are no pending hearings scheduled in the divorce or custody action at this time. A Custody Order has been obtained through the conciliation process. 5. As per the terms of the fee agreement referenced above, Petitioner, Taylor P. Andrews, Esquire hereby seeks leave of Court to withdraw as counsel irk the above captioned case. WHEREFORE, Petitioner prays Your Honorable Court. to grant Taylor P. Andrews, Esquire leave to withdraw as counsel in the above captioned case. ANDREWS & JOHNSON By: c T o P. ,Andrews, Esq.'. rnev for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 WILLIAM A. MALLOY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, : NO. 02- 5468 CIVIL TERM Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, /b 2003, I mailed a copy of Motion for Leave to Withdraw as Counsel to the following person at the following address by regular U.S. Mail, delivered to addressee only: William A. Malloy, Jr. 108 Longs Gap Road Carlisle, PA 17013 Michael A. Scherer, Esquire Attorney for Defendant 17 West South Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 I,Pa.C.S. § 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON By: T?. Andrews, Esq. A rneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ?- ?: i r) _ , _.r' -.? ...- ,' .,?: `; " : _ _._ .- __, .c_ ?' w - t?7 ?= ; 1 ?:. - ., ,, :..J ?..? ? ,. ___. ='i `? -. AY_`? T J.l '? -,G WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-5468 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of April, 2003, upon consideration of the within Motion for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Service shall be made by first- class mail and shall be deemed complete upon mailing. BY THE COURT, J Wesley Oler jp.? J. Taylor P. Andrews, Esq. Attorney for Plaintiff Michael A. Scherer, Esq. Attorney for Defendant William A. Malloy, Jr. 108 Longs Gap Road Carlisle, PA 17013 Plaintiff 4 :rc J, ?l }, WILLIAM A. MALLOY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, : NO. 02- 5468 CIVIL TERM Defendant : IN DIVORCE/ClUSTODY MOTION TO MAKE RULE ABSOLUTE Taylor P. Andrews, Esquire respectfully represents: 1. In response to a previous Motion for Leave to Withdraw as Counsel, the Honorable J. Wesley Oler, Jr., entered an Order dated April 23, 2003 issuing it rule upon William A. Malloy, Jr. and the Defendant Hilda F. Malloy, to show cause why Taylor P. Andrews, Esq. should not be granted leave to withdraw as counsel for William A. Malloy, Jr. A copy of this Order is attached hereto as Exhibit A. 2. The above referenced Order and Motion was mailed to Plaintiff William A. Malloy, Jr. by first class mail on April 28, 2003. It was also mailed by first class mail to Michael A. Scherer, Esquire, attorney for the Defendant, Hilda F. Malloy on April 28, 2003. 3. Ten days from the service of the above referenced Order has passed and no Answer to the Court's Rule has been filed by the Plaintiff or the Defendant. WHEREFORE, Taylor P. Andrews, Esq. asks the Court to make the Rule absolute and to grant leave to Taylor P. Andrews, Esq. to withdraw as counsel in the above captioned case. ANDREWS By: Tay or P. Andrews, Esq. o ey for Plaintiff Pomfret Street Carlisle, PA, 17013 (717) 243-0123 WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of April, 2003, upon consideration of the within Motion for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Service shall be made by first- class mail and shall be deemed complete upon mailing. BY THE COURT, /aylor P. Andrews, Esq. Attorney for Plaintiff Michael A: Scherer, Esq. Attorney for Defendant William A. Malloy, Jr. 108 Longs Gap Road Carlisle, PA 17013 Plaintiff :rc 1 JI Wesley Oler J ., J. V rRUE COPS' FROM RECORD in I'*-telly ?Nhereaf, ! here UrAo w my hand € the t t>f said Court at Gar?*, PL .any .zaa3 Prothonotary EXHIBIT I A WILLIAM A. MALLOY, JR. V. HILDA F. MALLOY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW NO. 02- 5468 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AND NOW, this ' day of May 2003, I, Taylor P. Andrews, Esquire, attorney for William A. Malloy, Jr., Plaintiff in the above-captioned action, hereby sweaa. that I have served a true copy of the Order of Court and Motion to Leave to Withdraw as Counsel, was served upon the Plaintiff at his residence at 109 Longs Gap Road, Carlisle, PA 17013 and upon Defendant's counsel, Michael A. Scherer, Esquire, 17 West South Street, Carlisle, PA 17013, by depositing the same in regular first class U.S. Mail on April 28, 2003. ANDREWS & JOHNSON By: P. Andrews, Esq. !y for Plaintiff id subscribed to before me this day of May 2003. Public SHELL NSETXT?ON, SEAL ary Public Carlisle 60ro, Cumberland My Commission Expire County 26, ounty s April C WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- 5468 CIVIL TERM IN DIVORCE/CUSTODY CERTIFICATE OF SERV[CE I hereby certify that on this date, - , 2003, I mailed a copy of Motion to Make Rule Absolute to the following person at the following address by regular first class U.S. Mail,: William A. Malloy, Jr. 108 Longs Gap Road Carlisle, PA 17013 Michael A. Scherer, Esquire Attorney for Defendant 17 West South Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relatin to g unsworn falsification to authorities. ANDREWS & J By: 1II YI P. Andrews, Esq. Altdimeys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ! CT1 C11 r E.j ? ? U WILLIAM A. MALLOY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, : NO. 02- 5468 CIVIL TERM Defendant : IN DIVORCE/CUSTODY ORDER AND NOW, this 1-1-9day of May 2003, no Answer having been filed by the Plaintiff or the Defendant to the Rule issued by this Court on April 23, 2003, the Rule previously issued is hereby made absolute. Leave of Court is granted to Taylor P. Andrews, Esq. to withdraw as counsel for Plaintiff, William A. Malloy, Jr., in the above captioned case. BY THE COURT, Wesley Oler, Jr. J. 05-14-Q3 !°.a It L r' ' , WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW PETITION TO MODIFY CUSTODY 1. The Petitioner is the Defendant, Hilda F. Malloy, (hereinafter referred to as "Mother"), who resides at 20 South High Street, Newville, Cumberland County, Pennsylvania. 2. The Respondent is the Plaintiff, William A. Malloy, Jr., (hereinafter referred to as "Father"), who resides at 108 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Togenga N. Malloy, (hereinafter referred to as "child"), born December 26, 2001. 4. Mother has had primary physical custody of the child at all times during the parties separation. 5. A Custody Order was entered in this matter on December 13, 2002 which provided Father with periods of visitation and partial custody of the minor child. A copy of the December 13, 2002 Custody Order is attached hereto as "Exhibit A." 6. Father is repeatedly late on the Monday, Wednesday and Thursday exchanges, which makes Mother late for work and puts her job in jeopardy. 7. Father on occasion fails to appear at all for the exchange which creates and undue burden on Mother regarding care for the child on that day. WHEREFORE, Mother respectfully requests that the Order entered in this matter on December 13, 2002 be modified to provide that Father as follows: a. partial custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. ; and, b. at such other times as the parties may agree. Respectfully submitted, O'BRIEN, BARIC & SCHERER Y"14L Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d i r/domestic/h i ldama I loy/custody.mod VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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. M o Hilda F. DATED: 5- 1 _D3 OEC 12 2002 p? N WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13 a- day of kb_,.u ? , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, William A. Malloy, Jr., and the Mother, Hilda F. Malloy, shall have shared legal custody of Topenga N. Malloy, born December 26, 2001. 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. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Beginning December 20, 2002, alternating weekends from Friday at 6:00 p.m. to Monday at 7:30 a.m. B. Every Wednesday from 7:30 a.m. to Thursday at 7:30 a.m. C. Such other times as the parties agree. 4. Mother shall have physical custody on Mother's Day. Father shall have physical custody on Father's Day. 5. The Christmas holiday shall divided into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the Child for Block A in even numbered years and Block B for odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Easter shall be split and alternated between the parties from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the earlier time in odd numbered years and the later time.in even numbered years. Father shall', have the earlier time in even numbered years and the later time in odd numbered years. "EXHIBIT A" 7. The parties shall alternate the following holidays at times agreed by the parties: Memorial Day, July 4`h and Labor Day. 8. Thanksgiving shall be split among the parties with Father always having the Child from 9:00 a.m. to 6:00 p.m. 9. ' Transportation shall be shared such that the parties shall meet at TSC in Carlisle unless otherwise agreed by the parties. 10. While in Father's custody, the Child shall not accompany Father's relatives on their paper delivery routes. 11. Each party shall be entitled to one uninterrupted week with the Child in the summer, provided they are not working during that week:. They shall provide at least 30 days prior notice of exercising this provision. In the event the custodial parent is going away for vacation, they must supply a location and telephone number where the Child may be reached. 12. 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: Taylor P. Andrews, Esquire, Counsel for Father Michael A. Scherer, Esquire, Counsel for Mother ? 4 ,r-i.. •.?; c? t . ?! ?S f rsF t-?c ..c y i"c,.: +FiY? J MM rj;zy Prothori tarn WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, . Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-5468 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: - NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Topenga N. Malloy December 26, 2001 Mother 2. A Conciliation Conference was held in this matter on December 12, 2002, with the following individuals in attendance: The Father, William A. Malloy, Jr., with his counsel, Taylor P. Andrews, Esquire and Mother, Hilda F. Malloy, with her attorney, Michael A. Scherer, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. /-2, -/.:Z -0?t' Date ?11 ..- / " l - " acq line M. `Verney, Esquire Custody Conciliator 717 WILLIAM A. MALLOY, JR. V. HILDA F. MALLOY, To the Prothonotary: PRAECIPE Please withdraw my appearance on behalf of the Plaintiff, William A. Malloy, Jr., in the above captioned matter as per leave of court granted by The Honorable J. Wesley Oler, Jr. Respectfully submitted, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02- 5468 CIVIL TERM Defendant : IN DIVORCE/CUSTODY ANDREWS & JOHNSON 7 Ta or P An rews, Esquire 7 t Pomfret Street Carlisle, PA 17013 (717) 243-0123 cc: Michael A. Scherer, Esquire Attorney for Defendant C-? I`as w- -i WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Topenga N. Malloy December 26, 2001 Mother 2. A Conciliation Conference was held in this matter on June 17, 2003, with the following individuals in attendance: The Mother, Hilda F. Malloy, with her attorney, Michael A. Scherer, Esquire and the Father, William A. Malloy, Jr., pro se. 3. The Honorable J. Wesley Oler, Jr. entered a prior Order of Court dated December 13, 2002 providing for the parties to share legal custody of the Child with Mother having primary physical custody and Father having partial physical custody on alternating weekends and one overnight per week. 4. The parties agreed to the entry of an Order in the form as attached. 1 S'-o3 A, V4 Z Date 4acq me M. Verney, Esquire Custody Conciliator JUN 19 2003 V WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of loc. , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 13, 2002 shall remain in full force and effect with the following modifications: 2. Paragraph 3A shall be modified to provide the following: Alternating weekends from Friday at 6:00 p.m. to Monday at 7:00 a.m. 3. Paragraph 3B shall be modified to provide as follows: Every Tuesday from 6:00 p.m. to Wednesday at 6:00 p.m. For these periods of custody Father shall always transport the Child. 4. Neither party shall do anything nor permit a third party to do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 5. 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, cV1 4ichael A. Scherer, Esquire, Counsel for VWilliam A. Malloy, Jr., pro se 108 Longs Gap Road Carlisle, PA 17013 Off, tab it Cl> © U WILLIAM A. MALLOY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, : NO. 02- 5468 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AND NOW, this ,21Sl day of November 2002, I, Taylor P. Andrews, Esquire, attorney for William A. Malloy, Jr., Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiff in the above-captioned matter, upon the Defendant at her residence at 20 South High Street, Newville, PA 17241, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on November 16, 2002, indicating service was effected, is marked Exhibit "A", attached hereto and. made a part hereof. ANDREWS & JOHNSON By: ylor P. Andrews, Esq. ttornev for Plaintiff Sw?tjrn and subscribed to before me this a( 0r day of November 2002 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse sot t we can return the card to you. ¦ Atta this card to the back of the mailpiece, or o the front if space permits. 1. Article Addressed to: 1/1 /01,1 f 177'z (/0 V, AIM)V 1 ll? f A /72 Vol by (Please Print aeaq) 1 B. Date of Delivery 1I-16-oa X J, I? 11114 ' J d bjlAw 13 Agent D. Is 814very address different from" ? Y_ If YES, enter delivery address b Wow: ? No\ 'er to dddressee onto 3. Service Type OCertified Mail ? Express Mail ? Registered '54&turn Receipt for Merchandise V 4. Restricted Delivery? (Extra Fee) yB3 z Article N mDer (Copy rrom service label) ____ 7a9 g 3 y Oo i?7 So ys 7?/Sio PS Form 3811, July 1988 Domsatb Return Receipt 102595-00-M-0952 Exhibit A B j c a a Pri .c- a - WILLIAM A. MALLOY, JR Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 5468 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIW)Prc nmr-mom 1 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on November 19, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: d - lb bL a 1- F Y 7?" ^ {ll ? + _ -t7 ? ?- O LL ? C? `o, r3 7 c==? C. N %? ? ? WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 5468 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: dj, &, '..L Q William A. Mal o , Jr. f,?1 l.. i.. WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02- 5468 CIVIL TERM HILDA F. MALLOY, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the Ao day of November, 2002, ],Michael A. Scherer, Esquire, attorney for Defendant above, hereby accept service of the Divorce Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. Michael Scherer, Esquire a n ?-' _n ,? ?; - ?, ?, .r_ -, n? rr,- ,J ,??;i ? ,??, -? (:,;. ?`?- ?.?'. ?' WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 5468 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. Date and manner of service of the Complaint: An Acceptance of Service was signed by attorney for Defendant on November 16, 2002. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on February 1, 2005; and Defendant on April 26. 2004. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None. Respectfully submitted, &?4 G (I"V Michael A' Scherer, Esquire ra Cl L'? < ? ?ih ?? ?.-Yt r, ?? ?' m N ..'?L ) i '?l rJ «` n , -c ;L? ?? "- 1 C a '-t ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WILLIAM A. MALLOY, JR. Plaintiff VERSUS HILDA F. MALLOY Defendant N O. 2002 - 5468 CIVIL DECREE IN DIVORCE AND NOW, to Z--) 1 14 If h ?= 1 IT IS ORDERED AND WILLIAM A. MALLOY, JR. DECREED THAT PLAINTIFF, AND HILDA F. MALLOY , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. BY THE COURT: ATTESp: - v J. 7 PROTHONOTARY 17- .. 0 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY HILDA F. MALLOY, Defendant : NO. 2002-5468 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of , 2005, at in., 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: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2002-5468 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of William A. Malloy, Jr., by his attorneys, the Family Law Clinic, respectfully represents that on December 13, 2002, an Order of Court was entered for custody of Topenga N. Malloy, born December 26, 2001, a true and correct copy of which is attached and marked "Exhibit A." The Order granted Hilda F. Malloy (Mother) primary physical custody of the child and William A. Malloy, Jr. (Father) partial physical custody of Topenga N. Malloy on alternating weekends and every Wednesday from 7:30 am until Thursdays at 7:30 am. The Order also directed that the parties share legal custody of the child. 2. On June 19, 2003, a further Order of Court was established, directing that the December 13, 2002 Order remain in effect except that Father's periods of partial custody were modified to alternating weekends from Friday at 6:00 p.m, until Monday at 7:00 a.m. and every Tuesday from 6:00 p.m. until Wednesday at 6:00 p.m.. A true and correct copy of this Order is attached and marked "Exhibit B." 3. The Orders of Court should be modified because: a. Another child, Sophia N. Malloy, age two, was born to the parties on December 17, 2003. b. By Order of Court dated June 25, 2004, paternity of Sophia N. Malloy was established after genetic testing through the Cumberland County Domestic Relations Office (PACSES 374105001/32200). A true and correct copy ofthe Order, which established William A. Malloy, Jr. as Sophia N. Malloy's father, is attached and marked "Exhibit C." c. Mother has refused to allow Father to visit with Sophia. In fact, she has advised him that he will never see Sophia and that he will never obtain physical custody of her. d. Father wishes to establish and maintain a loving parent-child relationship with Sophia. e. Sophia's best interests will be served by establishing a relationship with her father. f. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Michael A. Scherer, Esq., has been sought and has not been obtained. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father partial physical custody of Sophia N. Malloy on the same schedule as the Court established for his other daughter, Topenga N. Malloy. Date: iz -3a-oS Valerie J ac? on Certified Legal Intern THOM .PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-92968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: j' 30- D?5 '// t t&& William A. Malloy, Jr., tiff CERTIFICATE OF SERVICE I, Valerie J. Jackson, Certified Legal Intern, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on Defendant's Counsel of Record, Michael A. Scherer, Esq. by first class U.S. Mail, postage prepaid, this 30'h day of December, 2005, addressed as follows: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Valerie J. Jack on Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 DEC 12 Z002 V WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of Yec?CL .Lrjcl 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, William A. Malloy, Jr., and the Mother, Hilda F. Malloy, shall have shared legal custody of Topenga N. Malloy, born December 26, 2001. 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. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Beginning December 20, 2002, alternating weekends from Friday at 6:00 p.m. to Monday at 7:30 a.m. B. Every Wednesday from 7:30 a.m. to Thursday at 7:30 a.m. C. Such other times as the parties agree. 4. Mother shall have physical custody on Mother's Day. Father shall have physical custody on Father's Day. 5. The Christmas holiday shall divided into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the Child for Block A in even numbered years and Block B for odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Easter shall be split and alternated between the parties from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. Father shall have the earlier time in even numbered years and the later time in odd numbered years. EXHIBIT A 7. The parties shall alternate the following holidays at times agreed by the parties: Memorial Day, July 0 and Labor Day. 8. Thanksgiving shall be split among the parties with Father always having the Child from 9:00 am. to 6:00 p.m. 9. Transportation shall be shared such that the parties shall meet at TSC in Carlisle unless otherwise agreed by the parties. 10. While in Father's custody, the Child shall not accompany Father's relatives on their paper delivery routes. 11. Each party shall be entitled to one uninterrupted week with the Child in the summer, provided they are not working during that week. They shall provide at least 30 days prior notice of exercising this provision. In the event the custodial parent is going away for vacation, they must supply a location and telephone number where the Child may be reached. 12. 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. cc: Taylor P. Andrews, Esquire, Counsel for Father Michael A. Scherer, Esquire, Counsel for Mother VIN%IAIASNN?d ,uNnr11 c,,,PnY-p-vino C6 :ZI kd 0 1 'J3U Z0 JUN 19 2003 V WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of Tu)l Q_ 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 13, 2002 shall remain in full force and effect with the following modifications: 2. Paragraph 3A shall be modified to provide the following: Alternating weekends from Friday at 6:00 p.m. to Monday at 7:00 a.m. 3. Paragraph 313 shall be modified to provide as follows: Every Tuesday from 6:00 p.m. to Wednesday at 6:00 p.m. For these periods of custody Father shall always transport the Child. 4. Neither party shall do anything nor permit a third party to do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 5. 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, cpfichael A. Scherer, Esquire, Counsel for 1a VWilliam A. Malloy, Jr., pro se 108 Longs Gap Road Carlisle, PA 17013 PLAINTIFF'S 0 ?.? ? EXHIBIT 5 o v In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HILDA F. MALLOY ) Docket Number 00984 S 2002 Plaintiff ) vs. ) PACSES Case Number 374105001 WILLIAM A. MALLOY JR ) Defendant ) Other State ID Number Order AND NOW to wit, this JUNE 25, 2004 it is hereby Ordered that: AS PATERNITY HAS BEEN ESTABLISHED FOR CHILD, SOPHIA N. MALLOY, ORDER ENTERED APRIL 7, 2004 IS MODIFIED BY THE FOLLOWING: DEFENDANT TO PAY $413.00 PER MONTH FOR THE SUPPORT OF TWO CHILDREN, NAMELY, TOPENGA N. AND SOPHIA N. MALLOY EFFECTIVE FEBRUARY 27, 2004. ALL OTHER ASPECTS AND PARTICULARS OF THE SUPPORT ORDER ENTERED APRIL 7, 2004 TO REMAIN IN EFFECT. BY THE COURT: co -- V t r? JUDGE Service Type M PLAINTIFF'S EXHIBIT Form OE-520 Worker ID 21100 ?L. 6 c N1 3 4 rJ ro C? l -r -,i r- WILLIAM A. MALLORY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5468 CIVIL ACTION LA."' HILDA F. MALLOY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 05, 2006 , 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 Count' Courthouse, Carlisle on Tuesday, February 07, 2006 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney_-4?s_g 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 ?o-/./ ?- of f b WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Yt? day of & 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court shall remain in full force and effect with the following modifications: 2. The Father, William A. Malloy, Jr., and the Mother, Hilda F. Malloy, shall have shared legal custody of Sophia N. Malloy, born December 17, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Mother shall have primary physical custody of Sophia. 4. Father shall have periods of supervised visitation as follows: A. Beginning Friday, February 10, 2006 and alternating Fridays thereafter and every Tuesday beginning February 14, 2006, both at 6:00 p.m. at the Walnut Bottom Road, Carlisle McDonald's for one hour. Mother and Step-father shall observe the visitation by sitting at the other side of the restaurant from Father. Only Mother may intervene if she deems it necessary. 5. Father shall drop off Topenga on Mondays between 8:15 a.m. and 8:20 a.m. at the Crestview Elementary School. All other exchanges shall occur at the Carlisle State Police Barracks. 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 March 7, 2006 at 8:30 a.m. .;-a tom. Q t? is- Y' 1 k? c-? ?? (_? N BY THE COURT, v cc: Valerie Jackson, certified legal intern, Counsel for Father Anne MacDonald-Fox, Esquire, William Martin, Esquire, F ily Law Clinic Michael A. Scherer, Esquire, Counsel for Mother )-to - t)v `j?IS WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Topenga N. Malloy December 26, 2001 Mother Sophia N. Malloy December 17, 2003 Mother 2. A Conciliation Conference was held in this matter on February 7, 2006, with the following individuals in attendance: The Father, William A. Malloy, Jr., with his counsel, Valerie Jackson, certified legal intern, Anne McDonald-Fox, Esquire and William Martin, Esquire, Family Law Clinic and Mother, Hilda F. Malloy, with her attorney, Michael A. Scherer, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered two previous Orders of Court dated December 13, 2002 and June 19, 2003 regarding Topenga, providing for shared legal custody with Mother having primary physical custody and Father having alternating weekends and one overnight per week. 4. The parties agreed to the entry of an Order in the form as attached. Date lac ueline M. Verney, Esquire Custody Conciliator RECEIVED MAR 0 71-1 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this $ {„ day of M y e?L , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scb-duled in Court Room No. ?, of the Cumberland County Court House, on the MZk day of M> = 2006, at _j` k o'clock, P. 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 prior Order of Courts dated December 13, 2002, June 19, 2003 and February 8, 2006 shall remain in full force and effect with the following modifications: 4. Father shall have the following phased-in periods of partial physical custody of Sophia: A. Beginning Saturday, March 11, 2006 from 10 a.m. to 6:00 p.m. Father shall also have partial physical custody of Sophia on March 25, 2006 at the same times. For this period of physical custody the parties shall meet at the UniMart in Plainfield. B. Beginning Tuesday, April 4, 2006 and continuing every Tuesday overnight from 6:00 p.m. to Wednesday at 6:00 p.m. C. Beginning Friday, May 5, 2006 alternating weekends from Friday at 6:00 p.m. to Monday morning at a time agreed by the parties to coincide with Topenga's schedule. y 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ccki'chael i Jackson, certified legal intern MacDonald-Fox, Esquire, Family Law Clinic, counsel for Father A. Scherer, Esquire, counsel for Mother g/c? d? ,\0 BY THE COURT, WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Topenga N. Malloy December 26, 2001 Mother Sophia N. Malloy December 17, 2003 Mother 2. A Conciliation Conference was held March 7, 2006 with the following individuals in attendance: The Father, William A. Malloy, Jr., with his counsel, Valerie Jackson, certified legal intern, and Anne McDonald-Fox, Esquire, Family Law Clinic and Mother, Hilda F. Malloy, with her counsel, Michael A. Scherer, Esquire. 3. The Court previously entered Orders of Court dated December 13, 2002 and June 19, 2003 regarding Topenga and February 8, 2006 regarding Sophia (with a time change for the return of Topenga on Mondays). The Orders of Court provide for shared legal custody, Mother having primary physical custody of the children and Father having alternating weekends and overnight every Tuesday with Topenga and the beginning of a phased-in schedule for Sophia. 4. Father filed for a Modification of Custody of the first two Orders of Court to include Sophia. The Order of Court dated February 8, 2006 reflects the beginning of a phased-in schedule for Father and Sophia. At the follow-up Conciliation Conference held on March 7, 2006, the parties discussed the gradual unsupervised schedule for Father and Sophia to ultimately coincide with Father's partial physical custody schedule of Topenga. Mother had agreed with the suggested phase-in schedule for Sophia, but conditioned her agreement on the modification of the two and one half year schedule regarding Topenga by changing the alternating weekend schedule from Friday to Monday to Friday to Sunday. 5. Father's position on custody is as follows: Father seeks shared legal and partial physical custody every Tuesday overnight and alternating weekends from Friday to Monday for both children. Father maintains that he appropriately cares for the children and that his home is safe. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends, Friday to Sunday and Tuesday overnights. She is concerned that Father, due to his disability, is not able to safely care for Sophia, an active two year, or both children together. 7. 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 a phased-in period of custody for Sophia to ultimately coincide with Topenga's custody schedule and continue the current custody Orders for Topenga. 3 -7-ocv Date cq ine M. Verney, Esquire 04 Custody Conciliator WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW MOTION FOR CONTINUANCE AND NOW, comes Michael A. Scherer, Esquire, counsel for Hilda F. Prejean, formerly Hilda F. Malloy, and respectfully represents as follows: 1. A custody hearing is scheduled in this matter for Wednesday, May 10, 2006 at 1:30 P.M. 2. Undersigned counsel has become unavailable on May 10, 2006 since the time the hearing was scheduled. 3. Valerie J. Jackson, Certified Legal Intern, of the Family Law Clinic, who represents William A. Malloy, Jr., has agreed to continue the custody hearing until another date that is convenient for the Court. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court continue the May 1011, hearing and set a new date for the custody hearing in this case. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mi hael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Malloy-Prejea n, H iidalcontin ua nce. mot WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that on April 5, 2006, I, Michael A. Scherer, Esquire did serve a copy of the Motion for Continuance by first class U.S. mail, postage prepaid, to the party listed below, as follows: Valerie J. Jackson Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 lw/?- Michael A. Scherer, Esquire c`? < _. _ r ?,, <.-. .. 1 T _-i . ,. r? ? ? t Ut ""' l.;r _j;i .- ? r. 0 6 2006 WILLIAM A. MALLOY, JR., IN THE COURT OF COMMO APR -__ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, CIVIL ACTION-LAW Defendant ORDER OF COURT AND NOW this A day of April, 2006, upon agreement of the parties, the custody hearing scheduled in this matter for Wednesday, May 10, 2006 at 1:30 p.m. is hereby continued until the ? day of , 2006 at Cl in Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE Wesley Cdr, Jr., I ichael A. Scherer, Esquire /O'Brien, Baric & Scherer I? 19 West South Street Carlisle, Pennsylvania 17013 ?Ialerie J. Jackson Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 i&D oaA y ? ? t6? 7 ' ?i?? WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. : CIVIL ACTION -LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM DEFENDANT CUSTODY AGREEMENT th THIS AGREEMENT, made this Z7 day of f? p 2006, between William A. Malloy, Jr. (Father) and Hilda F. Malloy (Mother) concerns the custody of their two children: Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003 (the children). Father and Mother desire to enter into an agreement as to the custody of their children. Father and Mother agree to the following: 1. Father and Mother shall have shared legal custody of Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003. 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. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. Every Tuesday from 6:00 p.m. until Thursday at 6:00 p.m., except the second week of the month when Father is exercising his weekend custody as outlined in "B" below. B. Every second weekend of the month beginning on Thursday from 6:00 p.m. until Sunday at 6:00 p.m. C. Such other times as the parties agree. 4. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the children for Block A in even- numbered years and Block B for odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. 6. Easter shall be split between the parties. Mother shall have custody until 1:00 p.m. Easter Day. Father shall have custody on Easter Day from 1:00 p.m. until 7:00 p.m. 7. Thanksgiving shall be split among the parties with Father always having the children until 2:00 p.m. on Thanksgiving Day. 8. The parties shall share all other holidays as agreed by the parties. 9. The holiday schedule supercedes the regular schedule. 10. Transportation shall be shared such that the parties shall meet at the Uni-Mart to exchange custody of the children. 11. Each party shall be entitled to one uninterrupted week with the children in the summer, provided they are not working during that week. They shall provide each other with at least 30 days notice of exercising this provision. In the event that the custodial parent is going out of town for vacation, he or she must supply the other party with a location and telephone number where the children may be reached. 12. Neither party shall do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court 14. The hearing scheduled for June 29, 2006, at 9:30 a.m. before the Honorable Judge Oler is cancelled. A M(f Hilda F. Malloy a/k/a H da F. Prejean William A. Malloy, Jr. Michael A. Scherer, Esquire Valerie J Jac on O'Brien, Baric & Scherer Certified Legal Intern 19 West South Street Carlisle, PA 17013 Counsel for Hilda Prejean, Defendant 2 6/j Z& - Thoma lace Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for William A. Malloy, Jr., Plaintiff APR 2 8 2006 WILLIAM A. MALLOY, JR., PLAINTIFF V. HILDA F. MALLOY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM ORDER OF COURT AND NOW, this t day of , 2006, the attached Custody Agreement is approved and entered as an Order of Court. BY THE COURT: P'u ' O ?." i ? ? ? ..: ?. 1wz'1''? i _ ?, i?W p re.. 1 1?r I (? it ?G ?GI zrr Z- r:.?,.a ,allc !_,, J•. _? 1 WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM PETITION FOR FINDING OF CONTEMPT AND NOW, comes William Malloy, Jr., by and through is attorney, Mark F. Bayley, Esquire, and in support of the within Petition avers as follows: A Custody Order was entered under the above docket number on May 1, 2006 granting Father periods of partial physical custody. (Order attached as Exhibit "A"). 2. Since the second week of July of 2006, Mother has refused to turn the children over to Father as provided by the above Order. Wherefore, Petitioner requests that Respondent be found in contempt and back time, attorney fees and any other relief the Court finds just be rewarded to Petitioner. Respectfully submitted, IRWIN & BAYLEY Date: Mark F. Bayley, Esquire 64 South Pitt St. Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. # 87663 Attorney for Petitioner WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM Defendant ATTORNEY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Petitioner, William J. Malloy, Jr., in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Mark F. Bayley, uire Attorney for Petitioner WILLIAM A. MALLOY, JR. Plaintiff v. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Petition upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire 19 W. South Street Carlisle, PA 17013 Dated: C /Llf<-, Mark F. Bayley, Esq re Attorney for Petitioner WILLIAM A. MALLOY, JR., PLAINTIFF V. HILDA F. MALLOY, DEFENDANT APR 2 8 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-5468 CIVIL TERM ORDER OF COURT AND NOW, this day of A-A , 2006, the attached Custody Agreement is approved and entered as an Order of Co. BY THE COURT: J. CL? Y and 0 X1+161 T "A, WILLIAM A. MALLOY, JR., PLAINTIFF V. HILDA F. MALLOY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-5468 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 27 Ph day of ,412 ,e;1 , 2006, between William A. Malloy, Jr. (Father) and Hilda F. Malloy (Mother) concerns the custody of their two children: Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003 (the children). Father and Mother desire to enter into an agreement as to the custody of their children. Father and Mother agree to the following: 1. Father and Mother shall have shared legal custody of Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003. 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. 2. Mother shall have primary physical custody of the children. ` 3. Father shall have periods of partial physical custody of the children as follows: A. Every Tuesday from 6:00 p.m. until Thursday at 6:00 p.m., except the second week of the month when Father is exercising his weekend custody as outlined in `B" below. B. Every second weekend of the month beginning on Thursday from 6:00 p.m. until Sunday at 6:00 p.m. C. Such other times as the parties agree. 4. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the children for Block A in even- numbered years and Block B for odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. 6. Easter shall be split between the parties. Mother shall have custody until 1:00 p.m. Easter Day. Father shall have custody on Easter Day from 1:00 p.m. until 7:00 P.M. 7. Thanksgiving shall be split among the parties with Father always having the children until 2:00 p.m. on Thanksgiving Day. 8. The parties shall share all other holidays as agreed by the parties. 9. The holiday schedule supercedes the regular schedule. 10. Transportation shall be shared such that the parties shall meet at the Uni-Mart to exchange custody of the children. . 11. Each party shall be entitled to one uninterrupted week with the children in the summer, provided they are not working during that week. They shall provide each other with at least 30 days notice of exercising this provision. In the event that the custodial parent is going out of town for vacation, he or she must supply the other party with a location and telephone number where the children may be reached. 12. Neither party shall do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court 14. The hearing scheduled for June 29, 2006, at 9:30 a.m. before the Honorable Judge Oler is cancelled. f Hilda F. Mallory a/k/a H da F. Prejean ,mss r ?g Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Hilda Prejean, Defendant William A. Malloy, Jr.? Valerie J. Jac on, Certified Legal Intern Thom8-W.. Place / Robert E. Rains - - Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for William A. Malloy, Jr., Plaintiff L4 i WILLIAM A. MALLOY, JR. Plaintiff v. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, William A. Malloy, Jr., in the above-captioned matter. .? Date: JiQ? Mark F. Bayley, E quire IRWIN & BAYLEY 64 South Pitt St. Carlisle, PA 17013 (717) 243-6090 Supreme Court I.D. # 87663 Attorney for Plaintiff WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire 19 W. South Street Carlisle, PA 17013 Dated: L? - Mark F. Bayley, Esq ' e - Attorney for Plaintiff f°..7 ? ?' _- P-y? t `"1 _ u' •-? ` r?: _ ?:-. 4,? t?-.> r.?, WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HILDA F. MALLOY DEFENDANT 02-5468 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 31, 2006 , 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, August 22, 2006 at 10:30 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ acqueHne M. Verne Es q. 110 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 94• t- 3 MARK F. BAYLEY, ESQUIRE IRWIN & BAYLEY 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM Defendant PETITION TO MODIFY CUSTODY 1. Petitioner is William A. Malloy, Jr., who resides at 108 Longs Gap Road, Carlisle, PA 17013. 2. Respondent is Hilda F. (Malloy) Prejean, who resides at 3 Country View Estates, Newville, PA 17241. 3. On May 2, 2006, the Honorable J. Wesley Oler entered the Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: It is now in the children's best interest to reside primarily with Father. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody with Father; partial physical custody with Mother at times the Court deems to be in the best interests of the children. Shared legal custody. Date: Respectfully submitted, IRWIN & BAYLEY Mark F. Bayley, Esquire 64 South Pitt St. Carlisle, PA 17013 (717) 243-6090 Supreme Court ID # 87663 Attorney for Petitioner WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM Defendant ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for, William A. Malloy, Jr., Petitioner, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ( A:?j. Mark F. Bayley, Esq eAttorney for Petitioner l WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Dated: Mark F. Bayley, Esqu' Attorney for Petitioner APR 2 8 2006 f WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM DEFENDANT ORDER OF COURT AND NOW, this.... L day of 2006, the attached Custody Agreement is approved and entered as an Order of Co . BY THE COURT: J. i 1: L-X/4-1 1_14 T ""A" WILLIAM A. MALLOY, JR., PLAINTIFF V. HILDA F. MALLOY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM CUSTODY AGREEMENT fh THIS AGREEMENT, made this 27 day of ,fir, g; I , 2006, between William A. Malloy, Jr. (Father) and Hilda F. Malloy (Mother) concerns the custody of their two children: Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003 (the children). Father and Mother desire to enter into an agreement as to the custody of their children. Father and Mother agree to the following: 1. Father and Mother shall have shared legal custody of Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003. 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. 2. Mother shall have primary physical custody of the children. ' 3. Father shall have periods of partial physical custody of the children as follows: A. Every Tuesday from 6:00 p.m. until Thursday at 6:00 p.m., except the second week of the month when Father is exercising his weekend custody as outlined in `B below. B. Every second weekend of the month beginning on Thursday from 6:00 p.m. until Sunday at 6:00 p.m C. Such other times as the parties agree. 4. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the children for Block A in even- numbered years and Block B for odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. 6. Easter shall be split between the parties. Mother shall have custody until 1:00 p.m. Easter Day. Father shall have custody on Easter Day from 1:00 p.m. until 7:00 p.m. 7. Thanksgiving shall be split among the parties with Father always having the children until 2:00 p.m. on Thanksgiving Day. 8. The parties shall share all other holidays as agreed by the parties. 9. The holiday schedule supercedes the regular schedule. 10. Transportation shall be shared such that the parties shall meet at the Uni-Mart to exchange custody of the children. 11. Each party shall be entitled to one uninterrupted week with the children in the summer, provided they are not working during that week. They shall provide each other with at least 30 days notice of exercising this provision. In the event that the custodial parent is going out of town for vacation, he or she must supply the other party with a location and telephone number where the children may be reached. 12. Neither party shall do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as_to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court 14. The hearing scheduled for June 29, 2006, at 9:30 a.m. before the Honorable Judge Oler is cancelled. G f Hilda F. Malloy a/k/a Hilda F. Pre jean Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Hilda Prejean, Defendant William A. Malloy, Jr. Valerie J. Jack$On Certified Legal Intern ?j Thomases Place Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for William A. Malloy, Jr., Plaintiff .gym ? r C 5 9 Fn p W w C Q E f -c RECEIVED AU6 2 3 2006 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON P EAS OF M Plaintiff : CUMBERLAND COUNTY, PENN V. : NO. 2002-5468 CIVIL TERM HILDA F. MALLOY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this -2? day of 2006, upon consideration of the attached Custody Conciliatic eport, it is ordered and directed as follows: The prior Order of Court dated May 1, 2006 shall remain in full force and effect. 2. Father's Petition for Contempt is dismissed with prejudice. 3. This Order is entered pursuant to 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. cc42 ark F. Bayley, Esquire, Counsel for Father ,Michael A. Scherer, Esquire, Counsel for Mother v SZ :01 Hv 06 ON 9002 A?i(?Nv; aO?d 3H1 ?0 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant/Respondent : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Topenga N. Malloy December 26, 2001 Mother Sophia N. Malloy December 17, 2003 Mother 2. A Conciliation Conference was held in this matter on August 22, 2006, with the following individuals in attendance: The Father, William A. Malloy, Jr., with his counsel, Mark F. Bayley, Esquire and Mother, Hilda F. Malloy, with her attorney, Michael A. Scherer, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated May 1, 2006 upon stipulation of the parties providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody every Tuesday to Thursday except the second week of every month when he has Thursday to Sunday. 4. Father filed a Petition for Contempt alleging Mother withheld custody of the children since the second week of July, 2006. Mother presented a letter from Cumberland County Children & Youth Services indicating a safety plan agreed to by Mother and Father pending an investigation of sexual abuse on one of the girls which prohibited contact of the children by Father. g-z-3 -off A. Date acq ine M. Verney, Esquire Custody Conciliator WILLIAM A. MALLOY, JR. PLAINTIFF V. HILDA F. MALLOY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5468 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 30, 2006 , 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, September 19, 2006 at 10:30 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/ ac ue.Une M. Verne Es q. 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 schedulec 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 V; i\ 1vVU\S, T'IN LIN IV- ;Nrno I £ -01 WV I - 335 90GZ mod.,. 6 ?'f 6 90 nbviGi-Ok;.uc;li JA d4 ]'DnU O-0711J / . OCT 31 2006 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS Of Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, thisr day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed follows: 1. A Hearing is scheduled in Court Room No. , of the Cu?mbY e?rj?land County Court House, on the &tL day of -P ? , 2001, at / • y D o'clock, A. M., at which time testimony will be taken. For purposes of this H-earmg, 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 w 11 be expected to testify at the Hearing and a summary of the anticipated testimony of ea h 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 prior Order of Court dated May 1, 2006 shall remain in full force and effect I 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Mark F. Bayley, Esquire, counsel for Father Michael A. Scherer, Esquire, counsel for Mother 11? JK X511 V, L- >r CN 9CiIZ ?'d l ?l jo /- . WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS Ol, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 ofl this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Topenga N. Malloy December 26, 2001 Mother Sophia N. Malloy December 17, 2003 Mother 2. A Conciliation Conference was held October 31, 2006 with the following individuals in attendance: The Father, William A. Malloy, Jr., by telephone, with his counsel, Mark F. Bayley, Esquire, and Mother, Hilda F. Malloy, with her counsel, Michael A. Scherer, Esquire. 3. The Court previously entered an Order of Court dated May 1, 2006, providing for shared legal custody with Mother having primary physical custody and Father having two consecutive overnights for three weeks per month and one 3 overnight period one week per month for a total of 9 overnights in any 28 day period. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody. He maintains that Mother is not a fit parent, that her husband has mental health issues detrimental to the children and that the condition of Mother's home is not environmentally healthy. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends and one evening per week. Mother asserts that the prior Order of Court allowed Father weekday custodial periods because Father was not working at the time. Father now has a job and Mother has concerns that Father's mother, who is legally blind, is caring for the children I AW and not providing proper supervision. Mother asserts that she is a fit parent; that her husband is a fit stepfather and the home is environmentally healthy. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the Order of Court dated May 1, 2006. It is expected that the hearing will take one day. Date ac eline M. Verney, Esquire(/ Custody Conciliator i MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 W. POMI=T ST. CARLISLE PA 17013 (717) 241-2"6 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. PREJEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM MOTION TO WITHDRAW REOUEST FOR TRIAL AND NOW, comes William Malloy, Jr., by and through his attorney, Mark F. Bayley, Esquire, and in support of the within Motion avers as follows: 1. A trial is scheduled in Courtroom #1 on March 1, 2007 with regard to the above- captioned custody matter. 2. The parties are in agreement to withdraw the request for trial. 3. The parties are in agreement to allow the prior Order of Court dated May 1, 2006 to remain in full force and effect for the time being. Wherefore, the parties respectfully request the Court to cancel the upcoming trial and enter the attached Order. Respectfully submitted, BAYLEY & GAN Date: Mark F. Bayley, Esquire-" 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. PREJEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM ATTORNEY VERIFICATION MARIA F. BAYLEY, ESQUIRE, states that he is the attorney for Plaintiff, William J. Malloy, Jr., in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Z" 1 --- Mark F. Bayley, Esquire Attorney for Plaintiff if WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. PREJEAN, NO. 02-5468 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire 19 W. South Street Carlisle, PA 17013 7C.? Dated: uuj"-? Mark F. Bayley, Esquire Attorney for Plaintiff ? p N W4 =(s * * C 0 'K FED S i 2002 WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. PREJEAN, NO. 02-5468 CIVIL TERM Defendant ORDER AND NOW, this day of tP ., , 2007, upon agreement by the parties, it is hereby Ordered and Directed as follows: 1. The hearing scheduled in Courtroom #1 on March 1, 2007 is hereby cancelled. 2. The prior Order of Court dated May 1, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of the May 1, 2006 Order shall control. By the Court, Distribution: chael Scherer, Esquire ark F. Bayley, Esquire 01 ;11 W 8Z 83.E t00Z AbVION"U"H-1- 'O'd 3RI aO v?:;j:, 0-3 11 a WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, n/k/a HILDA F. PREJEAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW PETITION TO MODIFY CUSTODY 1. The plaintiff is William A. Malloy, Jr., (hereinafter referred to as "Father"), who is an adult individual residing at 108 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013-1219. 2. The defendant is Hilda F. Prejean, (hereinafter referred to as "Mother"), who is an adult individual residing at 3 Countryview Estates, Newville, Cumberland County, Pennsylvania 17241-8763. 3. The parties are the natural parents of Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003, (hereinafter referred to as "children"). 4. A Custody Order was entered in this matter on May 1, 2006 which provided Father with periods of partial custody of the minor children. A copy of the May 1, 2006 Custody Order is attached hereto as "Exhibit A." 5. Mother has primary physical custody pursuant to the current Order. 6. Mother is requesting that the current schedule be changed because the oldest child, Topenga N. Malloy, will be attending school in August, 2007 and the present custody schedule will not be feasible. WHEREFORE, Mother requests that this Honorable Court change the current schedule because the oldest child will be attending school in August, 2007 . Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: April 4, 2007 Michzfel A. Scherer, Esquire I . D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attomey for Defendant maslDomestic%Malloy-Prejean,Hilda\modify2.pet APR 2 2006 i WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM DEFENDANT ORDER OF COURT Sf AND NOW, this day of 4maz 2006, the attached Custody Agreement is approved and entered as an Order of Co v BY THE COURT: J. .11 { .. w is J / C=- X 141 /247- "A h WILLIAM A. MALLOY, JR., . PLAINTIFF V. HILDA F. MALLOY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-5468 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 27 Ph day of A9, ?' , 2006, between William A. Malloy, Jr. (Father) and Hilda F. Malloy (Mother) concerns the custody of their two children: Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003 (the children). Father and Mother desire to enter into an agreement as to the custody of their children. Father and Mother agree to the following: 1. Father and Mother shall have shared legal custody of Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003. 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. 2. Mother shall have primary physical custody of the children. ' 3. Father shall have periods of partial physical custody of the children as follows: A. Every Tuesday from 6:00 p.m. until Thursday at 6:00 p.m., except the second week of the month when Father is exercising his weekend custody as outlined in `B below. B. Every second weekend of the month beginning on Thursday from 6:00 p.m. until Sunday at 6:00 p.m. N C. Such other times as the parties agree. 4. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 5. The Christmas holiday shall be divided. into two Blocks. Block A shall be from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Block B shall be from Christmas Day at 1:00 p.m. to December 26 at 1:00 p.m. Mother shall have the children for Block A in even- numbered years and Block B for odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. 6. Easter shall be split between the parties. Mother shall have custody until 1:00 p.m. Easter Day. Father shall have custody on Easter Day from 1:00 p.m. until 7:00 p.m. 7. Thanksgiving shall be split among the parties with Father always having the children until 2:00 p.m. on Thanksgiving Day. 8. The parties shall share all other holidays as agreed by the parties. 9. The holiday schedule supercedes the regular schedule. 10. Transportation shall be shared such that the parties shall meet at the Uni-Mart to exchange custody of the children. 11. Each party shall be entitled to one uninterrupted week with the children in the summer, provided they are not working during that week. They shall provide each other with at least 30 days notice of exercising this provision. In the event that the custodial parent is going out of town for vacation, he or she must supply the other party with a location and telephone number where the children may be reached. 12. Neither party shall do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as to the other M1 parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court 14. The hearing scheduled for June 29, 2006, at 9:30 a.m. before the Honorable Judge Oler is cancelled. Hilda F. Malloy a/k/a Hilda F. Prejean ;' . x Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Hilda Prejean, Defendant n f - William A. Malloy, Jr. Valerie J. Jacksbn Certified Legal Intern Thomas,M?- Place Robert E. Rains ?. Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for William A. Malloy, Jr., Plaintiff WILLIAM A. MALLOY, JR., Plaintiff V. H I LDA F. MALLOY, n/k/a HILDA F. PREJEAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: April , 2007 9? ?-4_0q' za!2' Hilda re' n WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY, n/k/a HILDA F. PREJEAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE hereby certify that on the 4 day of May, 2007, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Mark Bayley, Esquire Bayley & Mangan 54 West Pomfret Street Carlisle, Pennsylvania 17013 ina M. Ascani, Secretary co WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HILDA F. MALLOY DEFENDANT 02-5468 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 14, 2007 , 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, June 12, 2007 at 9:30 AM for a Pre-I-learing 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 hearinp_. FOR THE COURT, Bv: /s/ ac ueline M. Verne Es q. 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 FORT[I 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 043,? _?v -;- c.? -,3 'or C li :-? WJ ? ! ?V,14 L 0 0 Z t i' i i id' ; 3,-11=0 JUL 2 0 2007 A'O'V WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, thist day of , 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 15.40, day of OCt&j?? , 2007, at 7.'3d o'clock, /? . 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 prior Order of Court dated May 1, 2006 shall remain in full force and effect with the following modification: 3. The child shall attend school in the school district where Mother resides. Father shall assure that the child is transported to/from school during his periods of physical custody. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc?M, k F. Bayley, Esquire, counsel for Fat] hael A. Scherer, Esquire, counsel for BY THE COURT, y ?Hi 40 WILLIAM A. MALLOY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5468 CIVIL ACTION - LAW HILDA F. MALLOY, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Topenga N. Malloy December 26, 2001 Mother Sophia N. Malloy December 17, 2003 Mother 2. A Conciliation Conference was held July 19, 2007 with the following individuals in attendance: The Mother, Hilda F. Malloy, with her counsel, Michael A. Scherer, Esquire and Father, William A. Malloy, Jr., with his counsel, Mark F. Bayley, Esquire. 3. The Court previously entered an Order of Court dated May 1, 2006, providing for shared legal custody with Mother having primary physical custody and Father having two consecutive overnights for three weeks per month and one 3 overnight period one week per month for a total of 9 overnights in any 28 day period. Mother filed for Modification because the older child starts kindergarten in August. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends. The older child will start kindergarten in August and Mother believes that Father's mid week custody will disrupt the child's structure necessary for a good transition into formal education. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having alternating weekends. Father asserts that Mother's paramour is abusive to the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the Order of Court dated May 1, 2006. It is expected that the hearing will take one day. Date ac line M. Verney, Esquire Custody Conciliator MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 W. POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF WILLIAM A. MALLOY, JR. Plaintiff V. HILDA F. MALLOY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5468 CIVIL TERM ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY AND NOW COMES William A. Malloy, Jr., by and through his attorney Mark F. Bayley, Esquire, and in response to Defendant's Petition to Modify Custody filed in May of 2007 answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, it is in the child's best interest to reside primarily with Father at this point in time. WHEREFORE, Father requests that the Court grant him primary physical custody of both children with times of partial physical custody for Mother as deemed in the best interest of the children by the Court. NEW MATTER AND COUNTER CLAIM 7. Previous paragraphs are incorporated herein. 8. Defendant's residence is a poor atmosphere for the children to reside at primarily. 9. Defendant's live-in paramour is physically and emotionally abusive to the children at Defendant's residence. 10. It is in the children' best interest to reside primarily with Plaintiff who can provide a more suitable environment. WHEREFORE, Plaintiff respectfully requests the Court to grant Plaintiff primary physical custody with periods of partial physical custody with Defendant at times the Court deems to be in the best interest of the children. Date: Respectfully 1, 6 GAN Mark F. Bayley, Esquire 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY,. NO. 02-5468 CIVIL TERM Defendant ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for, William A. Malloy, Jr., Petitioner, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esgti Attorney for Plaintiff WILLIAM A. MALLOY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, NO. 02-5468 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Mark F. Bayley, EsSp/ij -? Attorney for Petitioner Dated. y ca V-12 ? cr ime- rT -v WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, Defendant NO. 02-5468 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this II" day of October, 2007, upon agreement of counsel, the hearing previously scheduled in the above matter for October 15, 2007, is rescheduled to Monday, January 7, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J., esley Olex, ., J. .ark F. Bayley, Esq. Attorney for Plaintiff ,,.Michael A. Scherer, Esq. Attorney for Defendant :rc i 3 h? 1,V i PLO 01 T 1 WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-5468 CIVIL TERM HILDA F. MALLOY n/k/a HILDA F. PREJEAN, CIVIL ACTION-LAW Defendant PETITION FOR CONTEMPT AND NOW, comes Hilda F. Prejean, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is Hilda F. Prejean, (hereinafter referred to as "Mother") who is an adult individual who is represented by Michael A. Scherer, Esquire. 2. The Respondent is William A. Malloy, Jr., (hereinafter referred to as "Father") who is an adult individual who is represented by Mark F. Bayley, Esquire. 3. The parties are the parents of two minor children, Topenga N. Malloy, born December 26, 2001, and Sophia N. Malloy, born December 17, 2003, (hereinafter referred to as "Children"). 4. On October 4, 2007, when the children were returned to Mother's house after having spent two overnights with Father, Topenga complained that her head was itchy. Mother told Topenga that she was probably just hot and uncomfortable and when she got a bath in the morning she would feel better. The children were normally dirty when they returned from overnight visits with Father. 5. Upon step-father bathing the children in the morning, it was discovered that the children both had head lice and fleas crawling on them. r 6. Mother immediately contacted the school to advise the school of Topenga's lice problem and thereafter Mother obtained the appropriate medication from the pharmacy to eradicate the lice. Mother was forced to take the day off from work and Topenga missed her morning Kindergarten at school. 7. Mother and step-father also fumigated their residence to ensure destruction of the lice. 8. Monday, October 8, 2007 was a holiday from school and upon Topenga's return to school on October 9, 2007, the school nurse, Mrs. Bear, checked Topenga and determined that Mother and step-father had done an excellent job in eradicating the lice and permitted Topenga to join her classmates in Kindergarten. 9. Father next obtained custody of the children for a weekend visit on October 11, 2007. 10. On Sunday, October 14, 2007, Mother was to receive custody of the children and after waiting at the exchange place past the exchange time, Mother contacted Father and Father advised Mother that he would not be showing up on the advice of his attorney and because Children and Youth Services were doing an investigation of Mother. 11. On Monday, October 15, 2007, Mother contacted undersigned counsel, and undersigned counsel had no knowledge of Father claiming the right to keep the children from Mother. In fact, undersigned counsel received a letter from Father's counsel dated October 12, 2007, wherein Father's counsel made no mention of Father withholding custody of the children from Mother. 12. On October 15, 2007, Mother also contacted Cumberland County Children and Youth Services and learned that Father lied that any type of investigation was taking place against Mother. 13. Mother and step-father discussed this matter with school officials at Topenga's elementary school, Mount Rock Elementary, in the Big Spring School District, where upon Mother learned that Father kept Topenga out of school on October 12, 2007 and on October 15, 2007. 14. The school nurse indicated that there was no reason that Topenga should not have been in school on those days and it is believed that there is no medical evidence excusing Topenga from the attendance of school and that Topenga's absences were unexcused. 15. Mother eventually obtained custody of the children on October 15, 2007, and the children were again infected with lice. 16. On October 15, 2007, Mother and step-Father went to Topenga's school in an effort to determine why Topenga was not in school on that day. On their way home from the school, step-Father noticed Father's truck driving towards the school. Step-father and Mother then returned to the school and obtained custody of the children from Father's ex-brother-in-law and Father's Mother. 17. On October 15, 2007, the school nurse, Mrs. Bear, refused to readmit Topenga to school until Mother eradicate the lice which again infested child during Father's period of custody of the children. 18. Mrs. Bear reports that there have been no outbreaks of lice at the Mount Rock Elementary school and that if Topenga had been infected with lice on October 12, 2007 at school that her teacher most likely would have noticed it or become aware of it. 19. Father told his attorney that the school nurse, Mrs. Bear informed him that Topenga had been infested with lice and fleas for several weeks and that Mother and step-Father refused to take care of the problem. 20. As such, clearly the lice infestation problems are occurring at Father's residence and the residence of Father's mother. 21. On October 15, 2007, after receiving custody of the children, Mother called Father because it is important for Mother to know what treatments Father gave the children for lice because certain treatments cannot be re-administered until seven to ten days elapse from application. 22. Father refused to discuss the matter with Mother and stated " I am not getting into this with you" and hung up the telephone. 23. Father's refusal to communicate medical issues is in violation of the Order for shared legal custody. 24. Father's refusal to return the children to Mother on October 14, 2007 is in violation of the provisions for physical custody of the children in the current custody Order. 25. Undersigned counsel spent the morning of October 15, 2007 on the telephone with Mother, Father's counsel and the school nurse in an effort to determine why Father unilaterally kept Topenga out of school for two days and withheld custody of the children from Mother in violation of the current custody Order. WHEREFORE, Mother respectfully requests that this Honorable Court hold Father in contempt and force him to pay the cost of the filing of this petition along with counsel fees of $500.00. Respectfully Submitted, O'BRIEN, BARIC & SCHERER c Date: is ael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. r Jay Date: Hil a rejean CERTIFICATE OF SERVICE I hereby certify that on the 15th day of November, 2007, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Petition for Contempt, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, Pennsylvania 17013 nUWr ?Li 9,? Q c l y -t7 ?? rn ?ti WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY n/k/a HILDA F. PREJEAN, Defendant NOV 2 12007p+? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, this ,z day of } .- y ?? , 2007, upon consideration of the within Petition for Contempt, the Petition for Contempt shall be heard at the D custody hearing scheduled for January 7, 2008 at a.m. in Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 6 ark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, Pennsylvania 17013 BY THE COURT, Cx' ) f'• i..P.i.. r V r ] "" 4'IIa 1 r LL- C? WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, Defendant NO. 02-5468 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 8th day of January, 2008, a further hearing in the above-captioned matter is scheduled for Thursday, March 6, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Mark F. Bayley, Esq. Attorney for Plaintiff Michael A. Scherer, Esq. Attorney for Defendant :rc i;ts /7q IT ( (SCL ap //4/0$ tz'_117 BY THE COURT, L I * I I WV 6- NVf ODOZ t- 1-1 U, y WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HILDA F. MALLOY N/K/A HILDA F. PREJEAN, Defendant 2002-5468 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of January, 2008, upon consideration of, 1, Defendant's Petition To Modify Custody, 2, Plaintiff's Answer with Counterclaim to Defendant's Petition To Modify Custody, and, 3, Defendant's Petition for Contempt, with respect to the parties children, Topenga N. Malloy (date of birth December 26, 2001) and Sophia N. Malloy (date of birth December 17, 2003), and following an initial period of hearing held on this date which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling an additional half day of hearing. It is noted that at the time of adjournment on today's date Defendant had completed presentation of her case-in-chief, and Plaintiff was in the process of presenting his case-in-chief. At the time of adjournment, Defendant's Exhibits 1 through 15 had been identified and admitted. No other exhibits had been identified or admitted. It is noted that neither counsel has requested that a copy of the notes of testimony from today's proceeding be filed. It is noted further that at the time of adjournment on today's date the parties' child, Topenga N. Malloy, was being subjected to direct examination by Plaintiff's counsel. x'1:9 I°IV ? ! P HOZ 'a l? f :I IJ ?o I Mark F. Bayley, Esquire 17 W South St Carlisle, PA 17013 For the Plaintiff Michael Scherer, Esquire 19 W South Street Carlisle, PA 170133444 For the Defendant pcb Copt iE-S /n?g t ? 1 By the Court, WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW HILDA F. MALLOY, Defendant NO. 02-5468 CIVIL TERM ORDER OF COURT AND NOW, this 7t" day of March, 2008, upon consideration of (1) Defendant's petition to modify custody, (2) Plaintiff's answer with counterclaim to Defendant's petition to modify custody, and (3) Defendant's petition for contempt, with respect to the parties' children, Topenga N. Malloy (d.o.b. December 26, 2001) and Sophia N. Malloy (d.o.b. December 17, 2003), and following a hearing held on January 7, 2008, and March 6, 2008, it is ordered and directed as follows: 1. Defendant's petition to modify custody and Plaintiff's counterclaim for custody are denied; 2. Defendant's petition for contempt is granted, Plaintiff is adjudicated in contempt, and he is sanctioned to pay a fine of $400.00 to the county within 45 days of the date of this order; 3. Neither parent shall inflict, or permit to be inflicted, corporal punishment upon either child; and 4. The custodial terms of the Order of Court dated May 1, 2006, as modified by the Order of Court dated July 23, 2007, shall remain in full force and effect. 0 4? - ff/ 0 BY THE COURT, J[Wesley Ojer? Jr., J. VINVAWNN3d 9Z :C Wd L- HVW Z &YIONOHiOW 3U AO a Mark F. Bayley, Esq. Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Michael A. Scherer, Esq. O'Brien, Baric & Shearer 19 West South Street Carlisle, PA 17013 Attorney for Defendant :rc WILLIAM A. MALLOY, JR., Plaintiff v HILDA F. MALLOY, Defendant IN RE: CUSTODY i i II THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i Q?IVIL ACTION - LAW P2-5468 CIVIL TERM ORDER OFICOURT AND NOW, this 6th ;day of March, 2008, upon consideration of (1) Defendant's Petition To Modify Custody, (2) Plaintiff's Answer with Counterclaim to Defendant's Petition To Modify Custody, and (3) Defendant's Petition for Contempt, with respect to the parties' children, Topenga N. Malloy (date of birth, December 26, 2001)! and Sophia N. Malloy (date of birth, December 17, 2003)1, and following a second period of hearing held on today's date, the record is declared closed, and the matter is taken under advisement. 3By I the Court, /'ark F. Bayley, Esquire 17 W. South Street Carlisle, PA 17013 For Plaintiff ha el Scherer, Esquire X9c' W. South Street Carlisle, PA 17013 For Defendant : mae /f 01 :6 WV 01 8VW 0001 30i-14? C4Ti3 WILLIAM A. MALLOY, JR., Plaintiff V. HILDA F. MALLOY n/k/a HILDA F. PREJEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5468 CIVIL TERM CIVIL ACTION-LAW MOTION FOR RECONSIDERATION PURSUANT TO PA.R.C.P. 1930.2(b) AND NOW, comes Hilda Prejean, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents that: 1. This Honorable Court entered and Order on March 7, 2008 finding plaintiff in contempt and ordering him to pay $400 to the county. Said Order is attached as "Exhibit A." 2. The plaintiff should be ordered to pay $400.00 to the defendant or her attorney, not the county, for the following reasons: a. It is unfair for the defendant to pay a filing fee to file a petition for contempt when plaintiffs contempt gave rise to the filing fee; b. It is unfair for defendant to have to employ counsel to spend several hours investigating plaintiff's contempt and to spend time preparing and filing a contempt petition when plaintiffs contempt caused the need for undersigned counsel to spend the time mentioned herein. C. The Order as written dissuades defendant from seeking to require plaintiff to honor future Orders because of the substantial cost involved to Defendant. d. It is likely that plaintiff will disregard the Order requiring him to pay the county because undersigned counsel knows of no mechanism whereby the county will enforce the fine and defendant cannot spend money to make sure the fine is paid. As such, the fine may be no penalty at all. 3. The Court should require plaintiff to pay defendant to reimburse her for her out of pocket expenses and counsel fees associated with seeking to have plaintiff honor the custody Orders in this case. See, McCusker v. McCusker, 631 A.2d645, 648- 649(1993). WHEREFORE, defendant respectfully requests that this Honorable Court vacate that portion of the March 7, 2008 Order directing plaintiff be fined and pay the county $400 and replace it with a provision that plaintiff be ordered to pay defendant's counsel fees and filing fee in the amount of $400.00. Respectfully submitted, O'BRIEN, BARIC & SCHERER %,- 1,4 /?? Micha I A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/malloy-prejean-hilda/reconsider.mot CERTIFICATE OF SERVICE I hereby certify that on March I A , 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Motion For Reconsideration Pursuant To Pa.R.C.p. 1930.2 (b), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Mark F. Bayley, Esquire Mangan & Bayley 17 West South Street Carlisle, Pennsylvania 17013 N - s? ?. °? ? ? ? ? ' ° -j t' -f'i f ? C't ? r ' '? ± v ?.-? i , l s ~ ??? .,.. 1 M ? } ? _.? WILLIAM A. MALLOY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HILDA F. MALLOY, n/k/a HILDA F. PREJEAN, Defendant NO. 02-5468 CIVIL TERM ORDER OF COURT AND NOW, this 19`h day of March, 2008, upon consideration of Defendant's Motion for Reconsideration Pursuant to Pa. R.C.P. 1930.2(b), the motion is denied. BY THE COURT, J esley Ole Jr., J. Xrk F. Bayley, Esq. Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Michael A. Scherer, Esq. O'Brien, Baric & Shearer 19 West South Street Carlisle, PA 17013 Attorney for Defendant rc