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Home My WebLink About97-04345 ~ ~ .... I .. ~ ; l I . J S '" .... ".. ~ I , . I , " , i .,' ~ .- 0- J .. ~ _.J iI; ..::J (7, , ra l() @ -=tl U) :j ;; - ~ CJ ~ ~ . " r-.. I ~-' . . . . ~ ~ ~ o :: ~ ~!~i~ ~ t:G~5~~ ia ctEl;lO~I*~ UJ z III ;: ~ ft'" " III :I: "0 X ;;;:l vo~ f-It Z t: III .. . ~ 0 ~l<~2~ a ~ g~ . .. . .. X i1 - III ~ ~ . . . . . (~'AU{; 1 ! '397 * \'Aoc'l E", ~,\ \-h Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLlIND COUNTY, PENNSYLVANIA V * lJo'V\6. \'-\. W\CJ1C'l Defendant . . :CIVIL ACTION - LAri . ;/10. '-\ ~l..\ ~ CIVIL :CUSTODY!VISXTATIO/l 19'1, . ORDER OF COURT' AND NOW, this (date) .?; 1\'5> \ 91, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear bc{ore \'-\\( ~ "'Cl~ \ L ~()('19" f" -.q , , the conciliator, at 3(j~ ~ :~' h,)-\. . (({")"""f ItI \ I , (..:>A.. ~ on the ~, day of ~" \- , 19Q, , at:::i', .() p. H., for a Prehearing Cu oay 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 temporazy order. Either party may bring the child who is the subject of this custody action to the conference, but the abildlchildren's attendance is not mandatory. Failure to appear. at the conference 'may provide grounds for ent%)' of a telllp<?razy or p6zmanent order. .roB ftIE COURf': BY:~MCO.~...f<.n~%- CUBtOOY ConciH;~r (tt:::. ) YOU SHOULD f'AXB f'HIS PAPER ro YOUR LArn'ER AI' ONcE. IF YOU DO NOf' HAVE A LAfiYBR OR CANNaI' AFFORD ONE, GO ro OR 'l'BLBPHONE f'HB OFFICE SEf' FORf'H BBLOfI ro FIND 0l1'l' fiHERB YOU CAN GEl' LEGAL HELP. OFFICE OF f'HB COUR2' ADHINIS'l'RA'l'OR COURf'HOUSB, FOUR'l'H FLOOR CARLISLE PA J70J3 (717)240-6200 , . , MARY E. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v, . CIVIL ACTION - LAW . . . DAVID M. QUIGLEY, . NO. q1- 4..'?fl-5 . Defendant . . . CUSTODY , ORDER OJ' COURT You, Daivd M. Quigley, Defendant have been sued in court regarding custody of the child: Courtney E. Quigley. You are ordered to appear in person at 302 South 18th Street, Camp Hill, Pennsylvania on , 1997, at __.m" for D a conciliation or mediation conference. D a pretrial conference. D a hearing before the court. If you fail to appear as provided by this Order, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAXE 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. Court Administrator Fourth Floor CUmberland county Courthouse High and Hanover Streets CarliSle, PA 17013 (717) 240-6200 AMERICANS WITH DISABILITIEG 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 oftice. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing, BY THE COURT: Date: J. C:llHt\Dlli\DOCIIIUT"taITI.CIID lOCI A.....I II. '"7 MARY E. SMITH, IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . , . v. CIVIL ACTION - LAW . . NO. Q'7 -l/.345 DAVID M. QUIGLEY, . . Defendant CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the document or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. As provided by Pennsylvania Rules of civil Procedure No. 1018.1, the following officer is designated to be named in the Notice to Defend in order to find out where legal h.llp can be obtained. Court Administrator Fourth Floor cumberland county Courthouse High and Hanover Streets Carlisle, PA 17013 (717) 240-6200 MARY E. SMITH, . IN THE COURT OF COMMON PLEAS . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW . - . NO. '17. '-I3n'CcvJ DAVID M. QUIGLEY, I "-- Defendant . CUSTODY . COMPLAINT FOR CUSTODY 1. The plaintiff is Mary E. Smith, residing at 2719 High street, P.O. Box 222, Grantham, CUmberland County, Pennsylvania 17027. 2. The defendant is David M. Quigley, residing at 51 East Columbia Road, Enola, CUmberland County, Pennsylvania 17025. 3. Plaintiff seeks the intervention of this Court in confirming custody and school attendance of the following child: HID Address Asm Courtney E. Quigley The child was not born out of wedlock. 8 The child is presently in the joint legal and physical custody of both parents pursuant to an Order of CUstody entered by the Court of Common Pleas of Dauphin county, Pennsylvania on July 23, 1990, a copy of which is attached hereto as Exhibit A. ouring the past five years, the child has been residing on an alternating week basis with both parents pursuant to the Order of Court. The mother of the child is Mary E. Smith, currently re.iding at 2719 High street, P.O. Box 222, Grantham, Pennsylvania 17027. She is married. The father of the child is David M. Quigley, residing at 51 East Columbia Road, Enola, CUmberland County, Pennsylvania 17025. He is married. 4. This Court has jurisdiction and venue over all the parties as both parties now reside in CUmberland County, Pennsylvania, 5. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: HAmI RelationshiD Michael P. Smith Husband 6. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: HAmI RelationshiD Carol Quigley Wife 7. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: Court of COlIIII\on Pleas, Dauphin County, Pennsylvania, docketed to No. 762 S 1990. The Dauphin County action has not been active since 1990. Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this COlIIII\onwealth. -2- Plaintiff does not know of a person not a party to the proceedings who has ph}sical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The parties have reached an impasse regarding the education of Courtney E. Quigley. Courtney attended kindergarten at Lower Allen Elementary School in the West Shore School District when Plaintiff lived in that District. She attended first and second grade at the East Pennsboro Elementary School in the East Pennsboro School District where Defendant resides. Plaintiff now lives in the Mechanicsburg School District and would like Courtney to attend third grade and fourth grade at Upper Allen Elementary School in the Mechanicsburg School District. Courtney has indicated a desire to attend to the Mechanicsburg School District for third and fourth grade. Courtney will be residing with mother during the first week of school and mother intends to enroll Courtney in the Mechanicsburg School District. However, Defendant does not agree with this plan and he has stated that he will not discuss school attendance and it is for the courts to decide. The best interest of the child will be served in her attending the Mechanicsburg School District for grades three and four because the child has expressed an interest in attending the Mechanicsburg Schools, she has friends who would be in school with her, and the Mechanicsburg School District state assessment scores for fifth grade are higher than those of East Pennsboro, See Exhibit B, which is attached hereto and incorporated herein by reference. -)- 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 10. Plaintiff requests an expedited hearing on this matter to confirm that Courtney can be enrolled in the Mechanicsburg School District prior to the start of school on August 26, 1997. Defendant has stated that he will dis-enroll Courtney from Mechanicsburg and re-enroll her at East Pennsboro if there is no Court Order. WHEREFORE, Plaintiff requests this Honorable Court to grant an expedited hearing, to intervene in this decision of importance to the child and to confirm that Courtney shall attend the Mechanicsburg School District for grades three and four. DATE: A~~~ ''l t{j ') Respectfully submitted, WIX, WE}{GER , WEIDNER \ / 9 By: "~"llc J ,;.R Dv d R, Getz, Esqu 1.0. #34838 508 North Second Street Post Office Box 845 Harrisburg, PA 1710B-0845 (717) 234-4182 C.\WI'S,\DIG\DOCIIIEM'$\SlIl'UIT (IIC) -..t II, '"7 -4- U~IC( ItlVW&, AIJllOIt all .liblll........ WlII lab AIpbn I nm ,..,.. SIvonlll..,.wn. Mlddl.... ~ IcIlool 250 N. Mlddl.... R~ Carli.... PA 17013 2'lH!>86 lmenl 481 (Gt8dn K.51 .UtndM1c. rlt. N/A IncOtnl 14.ft HIW I1UOIIlTI Grode lS.OlI IIUOUIlCU If'IbllUlltr1tUII DU1tr1 wll" C[).ROM Y tltI.. 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EJ._ Good FOIr - P... MARY E. SMITH, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUHBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . . DAVID K. QUIGLEY, . NO. . Defendant . CUSTODY . vnrnc:a'f!o. I, Mary E. S.ith, Plaintiff in the foregoing pleading, have read the foregoing pleading and hereby affir1ll and verify that it is true and correct to the best of .y personal knowledqe, information and belief. I verify that all of the statements ude in the foregoing are true and correct and that false statements made therein .ay subject .e to the penalties of IB Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. DATE: 11 tiyJ#s:, l/ylJ/r~ )fa ",'ISmith /I , 1997 t . .. .... -~. . .~ .. ... -. .. j. EMILY loNG HOffMAN AJ1O&HI'( AJLAW 10& NDltII ,1UNt ltun _1ftG. nlabn.VANIA _1475 am_ HOV.~41}19f:R \:,':,,>;1: " ... . . I - <-_. . , MARY E. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97.4345 DAVID M. QUIGLEY, Defendant CIVIL ACTION - LAW CUSTODY y ;(~ . . .--., ~: I " :.:' ;;'- ') AND NOW comes Appellant, Mary E. Smith, by and through her attomey ~~ sets,{grth (, m ,c. U ;-,i her statement of matters complained of on appeal as follows: ::: is ~ APPEI.I.AI\'T'S ST A TE!\IENT OF l\IA TIERS COMPI.AINED OF ON APPEAl. ,-, ,~" . t,tl , .. .- -;; I ~ ,. ,~ , ~" " ~. f-~~ ; , ) co -. .." . :1 I. This Honorable Court erred in failing to give the child's preference adequate weight. 2. This Honorable Court erred in failing to consider the best interest of the child in reaching its detennination. Respectfully submitted: 9::i1-' : 'ai W\I\r Emily Long 0 man, Esquire Sup. Ct. 10 # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 Auomey for Appellant Date: \\ I).'tl tf1 . . . . . EMILY lONG HOfFMAN ArrolNlY At lAW ... ...<<nt ",utU ItlUT Il.UllUllllG. K.~n y......1.I\ l11OlI-1415 mll~da . _...,....-,...:.>:;.,:,.,:-',.'-""'".-,:,,;.~<"'..,.-:"..-.-_..-~.^ , .,. . .. ,'- MARY E. SMITII, Plainliff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 97.434S DAVID M. QUIGLEY. Defendant .. I , :,.'J , "\ "'; '., " i' , ,I I" .lJ 4 -rf' r . I I :! Notice is hereby given that Mary E. Smith, Plaintiff above named, hereby appeals tp,)h ~ Supcrior Court Ilf Pcnn5yl\'3nia frlllllthc Illllrr cntered in this mallcr Iln the ~'f'~_ day of ~ . 0<.. ..,eo ~ . 1999. This order has becn entered in the docket as evidcnced by the: auached copy of the docket entry. Docket or File No. Offense Tracking No. (. ,., '. ." n '. " NOTICE OF APPEAL Respectfully submillcd, . l+.(' Emily long I offman, Esquire Sup. CI. ID " 66307 10S North Front Street Harrisburg. P A 171 08 (717)233.1112 Date: \" 31 q 1 Page Cumhnrland County ProthonotarY'R Office Civil CaR~ Inquiry 1997 .04.145 ~MJ'1'I1 MAllY f: IVR) QUIGI,f:Y IlAVIIJ M I'YS'iIO Rnfnrencf' No..: CaRn Typn.....: COMI'I.AINT .. ClISTOIW Judgment..,...: .00 Judge ARsigned: RAYLKY KIlGAR n D I Rpos~d [Jasc.: .. - --.... -- --.. - CaRe Commenl s ...... --..... ..' Filed, .. . .. .. : Time......... : Execution Date Jury Trial,.., Disposed Date, IUgller Crt I.: Higher Crt 2.: 8/11/1997 4:20 0/00/0000 0/00/0000 ......................................................t...t..................... General Index Attorney Info SMITH MARY E PLAINTIFF GETZ DAVID R 2719 HIGH STREET P 0 ROX 222 HOFFMAN KMILY I. GRANTHAM PA 17027 QUIGLEY DAVID M UF:FENDANT 51 EAST COLUMBIA ROAD F:NOLA PA 17025 "....................................................tt........................ · Date Entries · ................................................................................ 8/11/1997 8/19/1997 9/11/1997 6/03/1999 6/14/1999 7/16/1999 8/05/1999 8/25/1999 9/0B /1999 9/22/1999 10/05/1999 FIRST ENTRY ...... - .. .. .. .. .. .. .. .. .. .. COMPl.A I NT .. CUSTOIlY ------------------..------------------------------------------------ ORDER OF COURT" IJATED 8/13/97 .. IN RE COMPLAINT FOR CUSTODY - PREHEARING CUSTODY CONFERENCE 8/27/97 2 PM @ 302 S 18TH ST CAMP HILL - BY MICHAEL I, BANGS ESO CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 8/19/97 ------------------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER.. DATED 9/11/97 - BY GEORGE E HOFFER J - COPIES MAILED 9/12/97 ------------------------------------------------------------------- PETITION FOR MODIFICATION OF CUSTODY ---------------- -------------------------------------------------- ORDER OF COURT" DATED 6/11/99 - IN RE PETITION FOR MODIFICATION OF CUSTODY - CUSTODY CONCILIATION CONFERENCE 7/15/99 II AM 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE - BY MICIlAEL L BANGS ESQ CUSTODY CONCILIATOR" NOTICE AND COPIES MAILED 6/14/99 ------------------------------------------------------------------- MOTION FOR EXPEDITED CUSTODY MODIFICATION HEARING PLFF ------------------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER - DATED 8/5/99 - HEARING 8/23/99 1:30 PM CR 2 - BY EDGAR B DAYLEY J - COPI ES MAl U:O 8/5/99 -.- - - - -~. .~ .. - - _. . - .. .. - - - - - - - - - p - - - - - - - - - - - - .. ~ - - - - - - - - - - - - - - - - - - - - - - - - ORDER or COURT .. DATED 8/24/99 - PETITION OF PLAINTIFF FOR PRIMARY PHYSICAL CUSTODY OF COURTNEY E OUIGLEY IS DENIED - BY EDGAR B BAYI.F:Y J .. COPIf.S MAIl.ED 8/25/99 ------------------------------------------------------~------------ PLAINTIFf'S MOTION FOR RECONSIDERATION ------------------------------------------------------------------- TEMPORARY ORDER OF COURT - DATED 9/20/99 .. IN RE PLAINTIFF'S MOTION FOR RECONStUERATION .. RY EDGAR R BAYL~Y J - COPIES MAILED 9/22/99 --------~---------_.._-----------_.--------------------------------- ORDER OF COURT.. llATED 10/4/99 - IN RE CUSTODY .. BY El>GAR D BAYLEY .1 .. COPIES HAlI.EO 10/5/99 _ _ _ .. _ _ - - .. - - .. - - I.IIST ENTRY - - .. .. .. - - - - .. - - .. .. ................................................................................ . f.scrow Information · . FeE'S I. Debits Dea Ba Pvmls/Adl End Bal · ................................,...............,............................... CllMI' l.A I NT TAIt ON CMPl.T SETTl.EMENT .ICP t"f.f. CIlSTOllY FE.: CIlSTt.JllY FEE. CO .15.00 .50 5.00 5.00 4.00 1.00 35.00 .50 5.00 5.00 4.00 1.00 .00 .00 .go . 0 .og .0 -- --.-- ----~--.--- -----~------ ............t........t. 1-...... .....t........ t. ....t...... ........,..... ......... 50.'i0 'i0.'i0 .00 C') (' .- -.~ : f,'j' ~.. ' , ;it ('> \,,') ~ , .." ~'l -., ;-.. ,... .",'1. - c- "':,:. :~. ,;... ".' "( :1 .... !,3 ... ,l :..) -.~, r,,\ ;,'::! '"' - ..... _..-".,.~- ~"... . . Emily Long Hoffman P.O. Box 11475 Harrisburg, PA 17108-1475 .~~...,. -.r-.N Emily Long Hoffinan P.O. Box 11475 Harrisburg, PA 17108-1475 111I11I11I1...1111...1..1....11,1..1111I1.1.1..11..1 ,..._"",~.,:'.iIi'lii\;~:~uhi{'~f\'.JiLtrW'i'il';:~fi;(Nftrx:". I"V('- .. .. . .. . t' t , . - <~"'~~___W'::-.-_...... ~. .. ..,.. '--..-... 33u.... 'o/'r~1 . .-iirpl f ..~ /. , -j \ ..-- 1 ...... ..... . .~. 1-.; . ." - ''::''..:.:'..:.._ _ Y~~"~'..1..:..:...'~."~. "'; ..__, ..". . . 'f':" L:' ; " ~.,~;:: ". LAW~"'\ "-:,' .':. : .! CoNNELLY, REID, sPADE, & GuIDA . ~.~.':~. .. . . ~~I.::.;,i~..."",-~.::::. , '. . : .~ "t; t" P.O.8OJ: era ". , t,.._ 1~ HAA"'~ PENNsnVANIA'i,;';;'" ...... " ,~.\&. ~., -. -. ,- .~~. __:=;: I ;.. ';,?:~"-:'-'. "~'.--:-"-'" _...~::_". I m '1HE cxxm OF ~ PLF.AS I DNJPHIN CXXJNl'Y, PmNSYLVl\NIA 1 : NO. 762 S 1990 1 1 1 CIVIL JlCl'IOO - ClJ::'-J.\.IJl - f~~":;,;:~.~":.''"f'r:.~.:"- .~ ;:;';'1' .:; :~. ".' '~"'.'" 'J~\i'" . .,;......".. . :~~~lii:~jf:ft'. - .':.~i_~'" . ; . i!.:- ~... ~,~ ,,:!'Jij~: _ .'f.~t ':"J";:~, l'.,:'''::';~ ..,;:,:;-.:~~;,,~.. . 1..W.........~'.r4.." . :t~~'r.~.:.~~, ,1. r. . ... ~. .', . .'. .~~J;.: ... .'.' . .' . - .. ..._......-~ - ..-..'-.' ~ . '., . Dl\VlD K. ~GLEY, PlAintiff v. MARY E. QUIGLEY, DBfermnt t'Rflm OF crxRl' All) 1OI, this ~ day of ~_ ~_ _ , 1990, the parties, David K. C)1igley, ple.1ntiff, ard Mari~ Quigley, Deferdant, ard their ...dpec:tive c:ounsel, MaX J. S'nith, Jr., EBqUire, ard W1111- J. J\1nq, Jr., EBqUire, llpp""'red befom the eustody Cr:rK'i 11 ..tor, Jdln J. eamelly, Jr., EBqUire. Based al a psydclcgical evaluatial of the parents ard child by Stanley E. SC;hneider, 8:1.0. ard by a.".............t of the parties, the follodng Otder is ElUt.......d1 'Dle parties shall eojoy' shared legal ard p-:ysical custOdy of the minor ch.I.1d, c:oortneY E. C)1igley, bom July 2, 1989. '!be p-:ysic:al custody shall be al fin altematin;J week l:8sis beginning al M:n:lay, July 23, 1990, which shall be the uother's week. '!be child shall be exd1anged al Mcn:lay each week at a tine .........ed up:n by the parties. 'Dle ncn-custooill1 parent shall have the ch.I.1d al Wl:o:hl8Sdlly each week fraD after worlt until 7130 p.m. '!be parties shall share nejor }>nH~ with till8S to be "'I'-....d up:n by the parties, 'lbe nejor tcl.iclays shall inclme Qu:istlnU, New Year's, Easter, MlluQrial Day, July Fourth, LabOr Day ard 'Dlanlcs9iving. 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J j ] j 1 i ~ ~ _______L...-I--. ~_L_,._ .~" L_L- .1 i ~ 'Il i i j , i I I , , I MARY E. SMITH, Plainti ff ) ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-4345 CIVIL TERM DAVID M. QUIGLEY, Defendant CIVIL ACTION - LAW CUSTODY ORDER /t.I. / . ANDNOW,this.:;) day of ff{ij/L<11 ,1999,~uponn:viewofthe Conciliator's Report, a hearing is scheduled for the ..,$'.I day of t-t~~O(4"; 1999. at /:3 c' o'clock --L.M., in Court Room Number "., of the Cumberland County Court House, Carlisle. pennsylvania Both parties, through counsel. will provide each other and the court \\oith a list of \\oitnesse5 ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. / BY TIlE couy,,/ ,/ ~~e~ ) Emily long Hoffl1W\, Esquire Attorney for Plaintiff c....o<(,Q. /'lO~..cl.t 8/s/1(L -If ..& '9. Ma.'( J, Smith. Jr., Esquire Attomcy for Defendant mlb ., 5. The Plaintin's positioll un custody is as lilllows: Mother indicates that the daughter, who is currently 10 years old, came to her ami expressed a desire to come live with her primaril)'. esp.:cially during the school year. She apparently wants mure stability during the school year. She also indicated to her Mother that she wants to spend more time with her Mother at this time in her life. She reports that the child is doing well. Otherwise. she indicat..-d there have been a few incidents at school that wcre a concem because her child expreSSl-d thc desire to others to move with her. The change would involve a change in school district from her current school which is East Pennsboro Township to Mechanicsburg School District where Mother lives. 6. The Defendant's position on custody is as follows: Father indicates that the child is doing well and he does not see a n......d for change. Ill.' is reluctant to make a change based upon the statement alone from his daughter indicating a fI.'qucst to change. Ill.' does not believe that the daughter is old enough to make that decision and that the current situation has been a positive one for her and this should not change. Father also indicat..-d that she is with the same children that she has grown up with through school and he is not anxious to have her switch schools since she has done well. As far as the child seeing her Mother more. he indicates that the Mother is now at home with a new child and that during the summer months. the child sees her Mother for extended periods as a result of Mother being home during hlT pcri.lds of cust.ldy. 7. Nl'C<llilr separate counsel to rcpfl.'SCnl child: Neither party reqU<.'Stl-d. 8. Need for independent psychological evaluation or counseling: None rcquested and the Conciliator do..-s nol believe any is 1l<.'C..'S.'i3I). 9, A hearing in this matter will take one-half day. 10, Other matters or comments: This is a situation where we have an Order that is approximately two (2) years old. 'I11e panies agn.'\.-d to a w\.'Ck on week olTbasis. The schedule has been working well. 'I11c child apparently is doing well in school. 'I11e child has a good loving relationship with both parents. Neither parent had any negative comments towards the other parent. 'I11e sole and only issue appears to be the desires of the child to move. 'I11e child apparently has expressed a desire to both parents to move with the Mother, although has not been as detailed with the Father as she has been with the Mother. Father, of course, is reluctant to make a switch since the child is doing well. The sole basis for the modification appears to be the desires of the child. The parties will have to speak with the child to see ifher reasons appear to be well grounded. 'I11e conciliator encouraged the panies to sit down with their daughter together to get a complete handle on why she is expressing a desire to change and hopefully by the time of the hearing. if it becomes necessary, the Court and the panies will be fully infonned as to the extent of her reasons for wanting to move to Mother's house. The conciliator suggested to the panies that if a change is made. whereby the child goes with the Mother during the school year. that the ('oun in all likelihood would fashion an Order that would Ctllltinue a sban.-d arrangCltl\.'nt by shining the summer entirely to father and MARY E. SMITH. Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYl.V ANIA v. NO. 97.4345 DAVID M. QUIGLEY, Defendant CIVIl. ACTION. l.A W CUSTODY I'I.AI!Il'TIFF'S MEMORANDl!M I, Plalntlrrs Witnesses. A. Mary E. Smith. Plaintiff, mother of child Plaintiff will testify with regard to matters concerning custody and care of Courtney and why she believes primary custody is appropriate with Plaintiff. B. Michael Smith. Plaintirrs husband Defendant will testify with regard to maners concerning custody and care of Courtney. C'. Courtney Quigley, Plaintiff and Defendant's daughter Courtney Quigley will testify with regard to her wishes concerning custody and the reasons why she desires to live primarily with Plaintiff. 2. Proposed Resolution. Plaintiff desires that the Clll'mlt custody arrangement be modified to allow Plaintiff to exercise primary custody of Courtney , age 10. Currently, the parties share physical custody of Courtney and the child attends school in East Pennsboro School District. which is where Defendant resides. The child, entering the finh grade this fall. would attend East Pennsboro Middle School if the custody situation is len as is. The child wishes to Ii\'\: with her mother who is the Plaintiff, her step-father and her baby brother. and wishes to attend school in the Mc:chanicsburg School District. The child wiII be attending the fifth grade at Mc:chanicsburg Elementary School i rthe custody situation is modified to pennit Plaintiff primary custody orthe child. Courtney has evidenced her desft to . NO. 97-4345 MARY E. SMITH, Plaintiff v. DAVID M. QUIGLEY, Defendant MEMORANDUM OF DEFENDANT lM 0FFn JAMES. SMmI, DURKIN " CoNNEu.Y. UP PO _ 6lO HDSHEY. PENNSnIll\HlA l1IU3.or..1O . . . -' .._-- . .-.. ." E. Mother desires that Christmas be divided into Part A and Part B with Part A to begin on December 23 after school and end at 11:00 a.m. on December 25. Part B will begin on December 25 at 11:00 a.m. and end on December 27 at 8:30 p.m. Mother shall have Part A in the even-numbered years and Part B in the odd- numbered )'ears. Father shall have Part A in the odd-numbered years and Part B in the even-numbered years. F. Mother shall have the child the Mother's day and Father shall have the child for Father's Day 9. In Moore v. Moore. 634 A.2d 163 (1993), the Pennsylvania Supreme Court found that a trial court a1\!iays has the authority to reconsider its o\\n judgement. thus, reconsideration is left to the sound discretion of the trial court. WHEREFORE, Mother requests that this Honorable Court reconsider its decision of August 24, 1999, and Order as follows: I. Allow Courtney Quigley to attend school in the Mechanicsburg School District for the 1999-2000 school year; 2. Revise Paragraph 7 to read as follows: "At any time during the year that Father bas Courtney and is working. Mother shall care for her during that work period"; 3. With regard to transportation, Father shall perform all transportation of the child for Mother's visitation \\ith the child during the times that Father is working. Mother shall take Courtney to Father's home for his periods ohisitation and Father shall take Courtney to Mother's home for her periods of visitation. For transportation during the holiday visitation. the party exercising their holiday time shall provide all transportation. 5 ~ MARY E. SMITH, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. QUIGLEY, DErENDANT : 97-4345 CIVIL TERM PROER Of COUBI AND NOW, this 24th day of August. 1999, following a hearing on the merits,IT IS ORDERED: (1) The petition of Mary E. Smith for primary physical custody of Courtney E. Quigley, born July 2,1989,15 DENIED, (2) All prior custody orders are vacated and replaced with this order. (3) Mary E. Smith and David M. Quigley shall have shared legal custody of Courtney E. Quigley. (4) Mary E. Smith and David M. Quigley shan have shared physical custody of Courtney E. Quigley on alternate weeks. (5) Courtney ahaH continue to go to aehooI in the East Pennsboro Sc:hool District. (6) This schedule shaD continue during lurnmer achool vacation periods except that during any period that the father Is on vacation to( up to three weeka, continuOUl or olhelWise, he ahall have Courtney. The mother shaH have Courtney to( three weeks continuous or otherwiSe at her c:hoice. All of thae weeka ahaII be arranged by the partin at their convenience. (7) At any time during summer aehooI vacation perioda that the father has Courtney and Is worldng, the mother Ihall care to( her during that WOft( period. . ...........-- --- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 97-4345 MARY E. SMITH, Plaintiff v. DAVID M. QUIGLEY, Defendant , DEFENDANT'S RESPONSE TO PETITION FOR RECONSIDERATION . lAv 0fF1cE JAMES. SMl11I. 0URIaN a. CONNFlJ.Y. U.P I'll IIllll 6IJO 1lEllSHl!Y. l'IlNNSYtll\MA ~'IO ~ . .... . . ~_.... .."4. ... . " ;. .; . EMILY toNe HOffMAN AmaNIT Af LAW I)5J NOlt" faata stun IlAUUIUao. rlNNSYUll'lltA 171011->415 cnn W-UI2 '. ... ,. ... . . , ,f ~ Courtney and is working, the mother shall care for her during that work period. (8) The exchange of Courtney for the visits between the homes of her mother and father shall occur on Sundays at 8:30 p,m (9) The holidays shall be allemaled and shall begin at 8:00 p.m. the evening before the holiday and end at 8:30 p,m. the evening of the holiday. Father shall have custody on New Years Day, Memorial Day and Labor Day in even numbered years, and Easter, Independence Day and Thanksgiving in the odd numbered years. Father shall have Courtney on Father's Day every year. Mother shall have Courtney on Easter, Independence Day and Thanksgiving in even numbered years, and New Years Day, Memorial Day and Labor Day in the odd numbered years. Mother shall have Courtney on Mother's Day every year. Christmas shall be divided into Part A and Part B with Part A to begin on December 23 after school and end at 11 :00 a.m. on December 25. Part B will begin on December 25 at 11 :00 a.m. and end on December 27 at 8:30 p.m. Mother shall have Part A in even numbered years and Part B in odd numbered years. Father shall have Part A in odd numbered years and Part B in even numbered years. (10) During the summer when the mother has Courtney while the father is at work, the father shall transport Courtney to the mother's residence in the moming and the mother shall return Courtney to the father's place of employment when his work day is completed at 3:30 p,m. For the weekly changes in custody, the mother shall take Courtney to the father's home after her week with her and the father shall take Courtney to the mother's home after his week with her. The parent with whom Courtney is with before any holiday period with the other parent shall take Courtney to the other parent's home to begin the holiday period. The parent having Courtney for f:1 oJ:) 0 ..0 -1 - .~ ... t'~ .:.:J >~?J ~ > N ,.~ < . , t.:.' ",.... ':'0 I .,., or',-:. -n " .. "') . j~ >~; r;-? -< :'::J :,!\ ~ - 0 97-4345 CIVIL TERM daughter Kira who was bom in July, 1999, For the first six months after separation each parent saw Courtney on most days. After an evaluation by a psychologist, the parties entered into an agreement for shared legal custody, and shared physical custody in alternating weeks. An order to that effect was entered in July, 1990, in the Court of Common Pleas of Dauphin County. The father lived in Enola, Cumberiand County, which is in the East Pennsboro School District. The mother did not live in that district. When it came time for Courtney to go to school the parties agreed that Courtney would be enrolled in the East Pennsboro School District. The mother instituted a custody action in this court in 1997. On September 11, 1997, by agreement. an order was entered that they have shared legal custody and shared physical custody on a week on, week off basis. The exchange day was Monday. The parents shared the holidays of Christmas, New Years, Easter, Memorial Day, Fourth of July, labor Day and Thanksgiving. No matter who Courtney is with in any week. the mother takes her to church on Wednesday evening and her father takes her to girl scouts on Thursday evening. The father still lives in Enola in a three-bedroom house. The mother for the last two years has lived sixteen miles away in a three-bedroom townhouse in Grantham, Cumberland County. which is in the Mechanicsburg School District. The mother was working outside of the home until October, 1998, shortly before the birth of Caleb. She Is now a homemaker and has no plans to go back to work until at least Caleb goes to -2- 97-4345 CIVIL TERM school. Her husband is a resource manager for G.R. Sponaugle & Sons. The father has worked twelve and one-half years as a computer operator and electrical designer for Gannett Fleming, Inc. His schedule is 7:00 a.m. to 3:30 p.m. but it is reasonably flexible. His wife works for Highmark from 8:00 a.m. until 4:30 p.m. The parents have been able to communicate and cooperate to make their shared physical custody schedule work without significant difficulty. When Courtney needs medical treatment the parent who she is with takes her for that care. Both parents attend her school activities. During the summer in the weeks when Courtney has been her father and he is not on vacation she has been attending a .Y. program which she enjoys. Courtney has been with her mother during her weeks of alternating custody. Courtney attended the first four years of school in the East pennsboro School District. Although acknowledging that Courtney is well cared for when she is with her father, the mother filed this petition seeking primary physical custody because Courtney had for about a year asked to live with her. The mother suggested that the father have temporary physical custody every other weekend, every Wednesday overnight. and two three-week periodS during the summer except that in the summer she would keep Courtney during the day at any time the father was working. The father has three weeks vacation a year. The father believing that the shared custody has worked wen and been in the best interest of Courtney, objected to changing that schedule. At the time of the hearing on August 23, 1999, Courtney was scheduled to commence fifth -3- 97-4345 CIVIL TERM grade in the East Pennsboro School District for the 1999.2000 school year. She did so pursuant to the custody order from which the mother has appealed. That order provides: (1) All prior custody orders including the order of August 24, 1999, and the temporary order of September 20, 1999, are vacated and replaced with this order. (2) The petition of Mary E. Smith for primary physical custody of Courtney E. Quigley, bom July 2, 1989, IS DENIED. (3) Mary E. Smith and David M. Quigley shall have shared legal custody of Courtney E. Quigley. (4) Mary E. Smith and David M. Quigley shall have shared physical custody of Courtney E. Quigley on alternate weeks. (5) Courtney shall continue to go to school in the East Pennsboro School District. (6) This schedule shall continue during summer school vacation periods except that during any period that the father is on vacation for up to three weeks, continuous or otherwise, he shall have Courtney. The mother shall have Courtney for three weeks continuous or otherwise at her choice. All of these weeks shan be arranged by the parties at their convenience. (7) At any time during the summer school vacation periods that the father has Courtney and is working, the mother shall care for her during that work period. (8) The exchange of Courtney for the visits between the homes of her mother and father shall occur on Sundays at 8:30 p.m. (9) The holidays shall be alternated and shall begin at 8:00 p.m. the evening before the holiday and end at 8:30 p.m. the evening of the holiday, Father shall have custody on New Years Day. Memorial Day and Labor Day in even numbered years, and Easter, Independence Day and Thanksgiving in the odd numbered years. Father shall have Courtney on Father', Day every year. Mother shall have Courtney on Easter, Independence Day and Thanksgiving in even numbered years, and New Years Day. Memorial Day and Labor Day in the odd numbered years. Mother shall have Courtney on Mother's Day every year. Christmas shaH be divided into Part A and Part B with Part A to begin on December 23 after school and end at 11:00 a.m. on December 25. Part B wiH begin on December 25 at 11:00 a.m. and end on December 27 at 8:30 p.m. Mother shall have Part A in even numbered years and Part B in odd .... 97-4345 CIVIL TERM more Important to me If she was there to help me with those changes and stuff. And living with my mom I would be able to go to church every Sunday, and I really like going to church. I don't get to go to church every Sunday at my dad's. Q. You go every Sunday with your mom? A. Right. Q. What church is that? A. It's Brelhren in Christ up in Mechanicsburg. Q. Do you sometimes go to church with your dad? A. My dad doesn't go. My stepmom takes me every now and then but not very often. Q. And what church does she take you to? A. I think it's Zion Lutheran. I'm not quite sure. a. And you do enjoy going to church with your mom? A. Right. a. Do you do other things? Do you go to church services or do you do other things with the church? A. They have Sunday school and junior church for just kids. Q. That's what you go to? A. Right. Sometimes I go with my mom to service If I don't want to go to junior church and I want to go to service, but most of the time I go to junior church and Sunday school. (Emphasis added.) ... A. Well, If I were going to the church that Carol takes me to more often, It would kind of be a hard decision, but I really don't go to that church very often so it's fun to go to except they don't have a junior church or anything for the kids. They just have Sunday school. (Emphasis added.) In McMillen v, McMillen, 529 Pa. 198 (1992), a trial court, in 1982, awarded primary physical custody of a boy, Emmett, to the mother with rights of partial physical custody in the father. Over the next six years the father sought modification of the custody order four times and the mother one time. Each time the trial court significantly expanded the father's periods of partial physical custody. From 1986 on, the child -6- 97-4345 CIVIL TERM repeatedly and steadfastly expressed a preference to live with his father. On July 22, 1998, when the child was eleven years old, the court awarded primary physical custody to the father, The Superior Court of Pennsylvania reversed the trial court but the Supreme Court of Pennsylvania reversed the Superior Court and reinstated the order of the trial court. The Supreme Court set forth: Although the express wishes of a child are not controlling in custody decisions, such wishes do constitute an important factor that must be carefully considered in determining the child's best interest. Commonwealth ex rei. Pierce v. Pierce, 493 Pa. 292, 426 A.2d 555 (1981). The child's preference must be based on good reasons, and the child's maturity and intelligence must be considered. Id.; Commonwealth ex rei. Holschuh v. Honand-Moritz, 448 Pa. 437, 292 A.2d 380 (1972). The weight to be given a child's testimony as to his preference can best be determined by the judge before whom the child appears. See Lombardo v. Lombardo, 515 Pa. 139, 146,527 A.2d 525, 529 (1987), citing Commonwealth ex rei. Spriggs v. Carson, 470 Pa. 290, 368 A.2d 635,634 (1977). The Supreme Court concluded: Our review of the record shows that Emmett's preference to live with his father is supported by more than sufficient good reasons. Emmett teslifled that his stepfather frightens, upsets and threatens him, and his mother does nothing to prevent this mistreatment. He testified that he does not get along with either his mother or his stepfather. and that he gets along well with his stepmother. His testimony also revealed that his mother and stepfather leave him alone after school and that, even though his father and stepmother work, he is never left alone when he is at his father's home for the summer. Emmett also stated that his mother interferes with his sporting and farming activities and refuses even to watch him play ball.' Thus, we find that Emmett's steadfast wish to live with his father was properly considered, and we find no abuse of discretion in the amount of weight afforded that preference. Nor do we find an abuse of discretion in the trial court's conclusion that Emmett's best interest would be served more appropriately by placing him in his father's custody. The record supports the trial court's finding .7- \. t' 9:46 A.M. 97' 43LI,5 Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 193 MDA 2000 Page 1 of 2 January 26, 2000 Mary E Smith, Appellant v David M Quigley, Appellee Inlballng Document Case StabJs Notice of Appeal Active Case Processing Status: Journal Number: Case Category: Relations January 26. 2000 DomestiC Consolidated Docket Nos,: - Awaiting Original Record CaseType: CustodyNisitation Related Docket Nos.: SCHEDULED EVENT Next Event Type: Docketing Statement Received Next Event Due Date: February 9.2000 Next Event Type: Original Record Received Next Event Due Date: March 1, 2000 Appel.rt, Smith. Mary E Pro Se: IFP Status: Attorney: Bar No.: Address: Hoffman. ElTily Loog 66307 105 N Front Street PO Box 11475 Hamsburg. PA 17108-1475 Phone No.: (717)233-1112 Reoeive Ma~ Yes Appel", Quigley. David M Pro Sa: IFP Status: Attorney: Bar No : Address: 101t199 Smith, Max James 32114 t34 Sipe Avenue P.O. Box 650 Hershey. PA 17033-0650 Phooe No: (717)533-3280 ReoeiVe MaR: Yes COUNSEL INFORMATION Appoint Counsel Status: Law Rrm: ~/Jl-fL tv QLL ,F ~~t /~ ~t.V Of-tu-~ ~ ~~CJY\ 1fj!firl Fax No.: (717)234-2234 Appoint Counsel Status: LIIW Firm: FIX No: (717)533-2795 FEE INFORMATION Receipt No: ms . (""") c r~~ \"'-' -' t>; t> ....) , _. ~ft ~.;' . r~ , ;,:-: . " . S;~1 .. '...- '. - ~~. " ., :;t (;J .:....~ .--.,. - . '" COMMOi\"\Xl:Al.n I 01' p!':-.;;o..;SYI.\'A1'IA lhauJ A_ S/twtl.ak Pn>thOOf_:lI.tr) PIl!rl~la ^ Whittaker aud a.rk Superior Court of Pennsylvania MidJlc District "uk,," 8...JJ1Il1\.lOC N 111ml SII..... 'I1h H", 'Wrnhur&, PA 171CI January 26, 2000 717.17H!9l .......-'upe:rior.l.:oun..~t.1It.p.t.w Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17013 Re: 193 MDA 2000 Mary E Smith. AppeUant v David M Quigley. AppeUee ( . ( .- r. . . . - . ". . .. - , ... ...." - \ .. , :~ .' (;!;J .... Dear Mr. Long: Enclosed please find a copy of the docket for the aboye appeal that was recently fdad in the Superior Colrt Kindly review the information on this docket and notify this office if you believe any corrections are required. Appelanrs counsel is also being sent a Docketing Statement, pursuant to Pa.RA.P, 3517, for completion and filng. Thank you. Very truly yours, David A. SZewczak Prothonotary RJS Cllmhl!rlilnd County Prothonotary's Office Civil CaRl! Inquiry 1997-04345 SMI'rll MAllY E (v,,) QUIGI,EY DAVID M PYS510 Page 1 RflfflrenCl! No..: Case Type.. ..,: COMPl.AINT - CUSTODY Judgment,....,: .00 ,Judge Ass I gned: IlA YLEY EDGAR B Olsposed Desc,: ------------ Case Comments ---- --- --- F 11 ed .. .. .. .. : Time......... : Execution Date Jury Trial.... DIsposed Date. Higher Crt 1.: Higher Crt 2.: 8/11/1997 4:20 0/00/0000 0/00/0000 ............................_,....."..........,_.,....t*_.."..,............... General Index Attorney Info SMITH MARY E 2719 HIGH STREET POBOX 222 GRANTHAM PA 17027 QUIGLEY DAVID M 51 EAST COLUMBIA ROAD ENOLA PA 17025 PLAINTIFF GETZ DAVID R HOFFMAN EMILY I. DEFENDANT ..*,..".......".."..............._,.,----,.,__.__,._*t___".._.__,_,___.",._ · Date Entries . ............".....,._----_.."..........".".,___,..t,.",t,t.t._,._._."..._. 8/11/1997 8/19/1997 9/1111997 6/03/1999 6114/1999 7116/1999 8/05/1999 8/25/1999 9/0811999 9/22/1999 10/0511999 - - - - - - - - - - - - - FI RST ENTRY - - - - - - - - - - - - - - COMPLAINT - CUSTODY ------------------------------------------------------------------- ORDER OF COURT - DATED 8/13/97 - IN RE COMPLAINT FOR CUSTODY - PREHEARING CUSTODY CONFERENCE 8/27/97 2 PM @ 302 S 18TH ST CAMP HILL - BY MICHAEl. I. BANGS ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAt LED 8/19/97 -------.----------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER - DATED 9/11/97 - BY GEORGE E HOFFER J - COPIES MAILED 9/12/97 -------------------------------------------------------------------- PETITION FOR MODIFICATION OF CUSTODY -----.- - -- ---------------------.--------------------------------- ORDER OF COURT - DATED 6/11/99 - IN RE PETITION FOR MODIFICATION OF CUSTODY - CUSTODY CONCILIATION CONFERENCE 7/15/99 11 AM 4TH FLOOR CUMBERI.AND COUNTY COURTHOUSE - BY MICHAEL I. BANGS ESQ CUSTODY CONCll.IATOR - NOTICE AND COPIES MAILED 6/14/99 ------------------------------------------------------------------- MOTION FOR EXPEDITED CUSTODY MODIFICATION HEARING PLFF ------------------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER - DATED 8/5/99 - HEARING 8/23/99 1:30 PM CR 2 - BY EDGAR B BAYLEY J - COPIES MAILED 8/5/99 ...------.- - ------------------.-.------------------------------------ ORDER OF COURT - DATED 8/24/99 - PETITION OF PLAINTIFF FOR PRIMARY PHYSICAL CUSTODY OF COURTNEY E QUIGLEY IS DENIED - BY EDGAR B BAYLEY J - COPIES MAILED 8/25/99 ------------------------------------------------------------------- PI~INTIFF.S MOTION FOR RECONSIDERATION ------------------------------------------------------------------- TEMPORARY ORDER OF COURT' DATED 9/20/99 - IN RE PLAINTIFF'S MOTION FOR RECONSIDERATION - BY EDGAR B BAYLEY J - COPIES MAILED 9/22/99 ------------------------------~--,---------------------------------- ORDER OF COURT - DATED 10/4/99 - IN RE CUSTODY - BY EDGAR B BAYLEY J - COPIES MAILED 10/5/99 - - - - - -- - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ...".,*.....................,-,....,_............,-,..."...................... · Escrow Information . · Fees' Debits Bea Bal PV1IIts/Adi End Ba1 . **........**.....**........**...1.**.....,....**,.**...,..,.............."...._ COMPl.AINT TAX ON CMPt.T SETILEMENT .ICP t'EE CUSTODY FEE CIlSTODY FEE - CO 35.00 35.00 .00 .50 .50 .00 5.00 5,00 .00 5.00 5,00 .00 4 .00 4 .00 ,00 I .00 1 .00 .00 .. '. -, - . .... - - - - .~ - - - - - - - ~. - - - - - - .... - - - - - -- 50.50 50.50 .00 ....,........................................."."...................,......... ._~ nU=D-CFP.ct Oil=". 'r.'~ t'P,,\', ''',tiTt'1'>V -, -"" j. ..,. "'.' '" 'Vl' 99110"'-3 f!112::l2 ~:It- ~ ~7W;) C1::":I:'-< - ..<..i\!ff P,'--,:,,- ..... ",', f"L-.. ~" _'. 20,00,0,4 ~ f ih- I.d ~ ~ , i . .. ,,-.'-' "-'i _"'_:' " ~.. .. ., .. . .. ,. EMILY LONG HOFFMAN AnoRNEY AT LA'" 105 Holrn flONr ~rlf:tT HAlRUtl1lG. PENN.\n VANIA 17JO&.1415 l7I1l:tU-1l12 , . ": .C'\:'~<~>"hw","""<'.i>';"":"i""".....'..~".."~,,H~_"''''''''~".^'" . ... . . -- . . 5. The parties shall alternate custody of the child during thc following holidays: Thanksgiving, Christmas, New Years Day, and Easter. Thcsc holiday visits shall commcnce at 9:00 p.m. the evening before the observed holiday and end at 9:00 p.m. on thc day of the obscrved holiday, except for Christmas, which shall commcncc at 9:00 p.m. on Dccembcr 23rd and end at 9:00 p.m. on December 26th. 6. Father shall have custody on Christmas and Easter in all cven years. Mother shall have custody on Christmas and Easter in all odd years. 7. Father shall have custody on Thanksgiving and NclV Years Day in all odd years. Mother shall have custody on Thanksgiving and New Years Day in all even years, 8. Father shall have custody on Father's Day, Courtney's Birthday, and labor Day which shall begin at 9:00 p.m. on evening before holiday and end at 9:00 p,m. on day of holiday. 9. Mother shall have custody on Mother's Day, Memorial Day and Independence Day which shall begin at 9:00 p.m. on evening bcfore holiday and end at 9:00 p.m. on day of holiday. 10. Holiday periods of custody shall take precedencc over all other scheduled periods of custody. II. lIealth insurance coverage for minor child shall be provided by Mother. 12. Both parents shall take all rea.~,>nable measures 10 ensure the child is able to participate in any extracurricular activities for which she has signal up. 13. Both parents shall permit reasonable tekphonc access to the child while the child is in his or her custody. 14. Thc parents are cncouragcd to accommodatc thc reasonable requcsts of thc other parent for alternations of any agreed upon schedulc. as the circumstances and best interests of thc child require. 15. Father shall be responsible to provide transportation in order to pick the child up for his periods of custody and return the child atthc end of his periods of custody. 16. Neither party shall do anything which may cstrangc the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the frcc and natural development of the Child's love or affection for the other party, 17. Thc parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, which does, in fact, have jurisdiction over thc issue of custody of the parties' minor Child and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 18. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching. coercion, or other unfair dealing on the part of the other. 19, The parties acknowledge that they have rcad and understand thc provisions of this Agreement. Each party acknowledges that thc Agreement is fair and equitable and that it is not the result of any duress or undue influence. /1 .rJ . ,~ BY TilE caVA')". J , I { .. f), j' Vf#' ' EDGAR B. BA \'I.E\'. JUDGE MARY E, SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 97-4345 CIVILTERM IN CUSTODY DAVID M, QUIGLEY, JR., DEFENDANT EDGAR B. BAYLEY, JUDGE AND NOW, COMES. the parties in the aboye-captioned matter, to \\it. MARY E. SMITH, and OA VID M. QUIGLEY, JR., and requcst that the aUached Ordcr of Court be entered by the Court, by stipulation of the parties. NOW, THEREFORE, the parties hereto. each intending to be legally bound hereby, place their seal: &2/#/a:~/ OAVIOM.QUIGLEY, . Dale: <'f 1:11/ Jr);;2. I I Oate: o/d.,h.:; ~/~C .#~ Witness for MARY E. SMITH I / :J h~ Datc: 1j:J.vjCl "J. J. J \; r,. Date: SEP 2 4 200;: MARY E. SMITH, PLAINTIFF IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVil, ACTION . LAW V. NO. 97 - 4345 CIVIl. TERM IN CUSTODY DAVID M. QUIGLEY. JR.. DEFENDANT EDGAR B. BAVLEV, JUDGE PFTITION TO l\IODIFV C'I rSTOnV/VISIT ATION AND NOW, Petitioner, Mary E. Smith, by and through her attorney, Peter J. Russo, files this petition and respectfully represents the following: I. Petitioner is Mary E. Smith, who resides at. 2719 High Street. P.O. Box 222, Grantham, Cumberland County, Pennsylvania. 2. Respondent is David M. Quigley, Jr., who resides at 5 I East Columbia Road, Enola. Cumberland County, Pennsylvania. 3. The parties have one child together. namely, Courtney Quigley, horn July 2, 1989. 4. The child is in the custody ofhoth petitioner and respondent on an alternate weekly basis pursuant to an Order of this Court, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit A. 5. Since thc enlry of Judge Edgar e. Baley's Ordcr on Octobcr 4, 1999, the following substantial circumstances and facts have changed, giving rise to this pctition: Petitioner and Rcspondent have agreed to the subject minor residing with mothcr who would have primary physical custody with father having visitation on alternating weckends and open visitation as requested and agreed by subject minor. 6. As a result of the foregoing. it is against thc best interest and welfare of the child to be subjected to the existing provisions for custody. 7. The best interests and welfare of the child will be promoted by a modification of the present custody arrangement for the above reasons. WHEREFORE, your Petitioner respectfully prays )OOr Honorable Court to modilY the custody in accordance Mth the stipulation of the parties. Respectfully submitted BY: ~fc::~ Peter J. Russo, Esquire 3800 Market Street CampHiIl,PA 17011 (717)591-1755 Attorneys for Petitioner Date: Sqxember 24, 2002 MARY E, SMITII PI.AINTIFf V. IN Till-: COURT 0... COMMON PI.EAS CUMBf:RLAND COUNTY, PENNSYLVANIA CIVil. ACTION. U W DAVID 1\1. QUIGLEY, JR.. DEFENDANT NO. 97-4345 CIVIL TERM IN CUSTODY EDGAR B, BA YU:Y, JUDGE VFAIFlrA.TION I, Mary E. Smith, hereby swear and affirm that the racls in the forgoing Petition to Modify CustodyNisitation is true and correct to the best of my knowledge, information, and belief and arc made subject to the penalties of 18 Pa. C.S. *4904 relating to unswom ralsification to authorities. Date: 'j'}'1-D;} 71~1'4r.. Mft mith MARY E. SMITH. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. QUIGLEY, DEFENDANT : 97-4345 CIVIL TERM QBJ2!:R OF COURi AND NOW. this 4" day of October, 1999, based on plaintiffs petition for reconsideration of the order of August 24, 1999. IT IS ORDERED: (1) All prior custody orders Including Ihe order of August 24.1999, and the temporary order of September 20, 1999, are vacated and replaced with this order. (2) The petition of Mary E. Smith for primary physical custody of Courtney E. Quigley. born July 2,1989.15 DENIED. (3) Mary E, Smith and David M. Quigley shall have shared legal cuslody of Courtney E. Quigley. (4) Mary E. Smith and David M. Quigley shall have shared physical cuslody of Courtney E. Quigley on allernate weeks. (5) Courtney shall continue to go to school In the East Pennsboro School DistriCt. (6) This schedule shall continue during summer school vacation periods ellcept that during any period that the father Is on vacation for up to Ihree weeks, continuoUs or otherwise, he shall have Courtney. The mother shall have Courtney for three weeks continuoUS or otherwise at her choice. All of these weeks shall be arranged by the parties at their convenience. (7) At any time during summer school vacation periods that the father has ExA,J.f A Courtney and is working, the molher shall care for her during Ihat work period. (8) The exchange of Courtney for the visits between the homes of her mother and father shall occur on Sundays at 8:30 p.m. (9) The holidays shall be allernaled and shall begin at 8:00 p.m. Ihe evening before the holiday and end al 8:30 p.m. the evening of the holiday. Falher shall have custody on New Years Day, Memorial Day and labor Day In even numbered years, and Easter, Independence Day and Thanksgiving In the odd numbered years. Father shall have Courtney on Father's Day every year. Mother shall have Courtney on Easter, Independence Day and Thanksgiving in even numbered years, and New Years Day, Memorial Day and labor Day In the odd numbered years. Mother shall have Courtney on Mother's Day every year. Chrislmas shall be divided Inlo Part A and Part B with Part A 10 begin on December 23 after school and end at 11 :00 a.m. on December 25. Part B will begin on December 25 at 11 :00 a.m. and end on December 27 at 8:30 p.m. Molher shall have Part A In even numbered years and Part B In odd numbered years. Father shall have Part A In odd numbered years and Part B In even numbered years, (10) During the summer when the mother has Courtney while the father Is at work, Ihe falher shalllransport Courtney 10 Ihe molher's residence In the morning and the mother shall return Courtney to the father's place of employmenl when his work day is completed at 3:30 p.m. For the weekly changes In custody, the molher shall lake Courtney to Ihe father's home after her week with her and the father shall take Courtney 10 the mother's home after his week with her. The parent with whom Courtney Is with before any holiday period with the olher parent shall lake Courtney to the other parent's home to begin the holiday period. The parenl having Courtney for , . ,., ("7'" (~ I :',,,, ..., ~ - .. ., , ." -. .. ..,> ~ :.:' . ~ ~ () ~ !.: ; .() ~ =~; - :- . ') - "lJ ...., . -" ~-t..""; - -'fJ ;c: " - ;j ( . " - Z "J ~ " C ~ U1 ~ tIC ~ .... ~ ~'\ ~ , T --..-,...." ,."". MARY E. SMITH, Plainti lTIRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-4345 DA VID M. QUIGLEY, DefendanllPetitioner : CIVIL ACTION - LAW : CUSTODY NOTICE AND ORDER TO APPEAR ! ~ i j i ! 1 I I I I j I I .1 Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of court. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections. you must appear in person in court on ,2004 at o'clock _.m. in Court Room No. , at Cumberland County Courthouse. I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249--3166 BY THE COURT: 5. Said Order provides, inW alia, that Father shall have liberal periods ofpartial physical custody with a minimum schedule of alternating weckcnds commencing on Friday aficr father's work until Sunday at 9:00 p.m. and two consecutive wecks summcr vacation. (Scc Exhibit "A"). 6. Prior to entry of said Order, the parties had shared custody ofCourtncy on an equal basis. 7. Rcspondent has breached said Order of Court by failing to ensurc Petitioner's rights of partial custody as stated in the Order which is attached as Exhibit "A". Rcspondent is allowing Courtney, at age 14, to dictate when she will be in Petitioner's custody. 8. Respondent's actions as detailed herein are contemptuous and in willful disregard of the aforesaid Order of Court. 9. The best interests and wclfare of the minor child, COURTNEY E. QUIGLEY, require that shared physical custody be awarded to Petitioner, as Respondent's actions serve only to undcrmine the best intcrests of the child. 10. The child has resided at no other address than Petitioner's and Respondent's respective current addresses since the Order was issued on Septemher 24. 2002. 11. Petitioner does not have any information of any custody proceedinG concerning said minor child in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 12. Petitioner has not participated as a party, witness or otherwise in.my other litigation concerning the custody of said mioor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within tcm\ and number. ExhIbIt A 5. The parties shall alternate custody of the child during the following holidays: Thanksgiving, Christmas, New Years Day, and Easter. These holiday visits shall commence at 9:00 p.m. the evening before the observed holiday and end at 9:00 p.m. on the day of the observed holiday, except for Christmas, which shall commence at 9:00 p.m. on December 23rd and end at 9:00 p.m. on December 26th. 6. Father shall have custody on Christmas and Easter in all even years. Mother shall have custody on Christmas and Easter in all odd years. 7. Father shall have custody on Thanksgiving and New Years Day in all odd years, Mother shall have custody on Thanksgiving and New Years Day in all even years. 8. Father shall have custody on Father's Day, Courtney's Birthday, and Labor Day which shall begin at 9:00 p.m. on evening before holiday and end at 9:00 p.m. on day of holiday. 9. Mother shall have custody on Mother's Day, Memorial Day and Independence Day which shall begin at 9:00 p.m. on evening before holiday and end at 9:00 p.m. on day of holiday. 10. Holiday periods of custody shall take precedence over all other scheduled periods of custody. II. Health insurance coverage for minor child shall be provided by Mother. 12. Both parents shall take all reasonable measures to ensure the child is able to participate in any extracurricular activities for which she has signed up. 13. Both parents shall petmit reasonable telephone access to the child while the child is in his or her custody. p. ..... ~ ~ r.:> ~ 1i4 .-: ~ ~ ~,..-:. :c .,.. ~ ~ flIt> l- :t':!l 7" ::0.1 tHf- 0.' r- N "Tf;n i~-" .. ;t-;", ~:. u. ~ <:) .....1,.., 0 .,.- ::'-- '"'0 .::'''''.; . ::c ...' t~J ~ ~ )~.( :-- T1 ~ t.~ . :. CJ :; I ~ -< CQ -. - ~ ~ @s ~ ~ Ii d l! ,j 'I ji I' i' ~I ~ 1] Ii ~ :! ii ~I ... '" " ii ~iS!~ II ... [1 ~ ,~ it ... 51 ;1 ... . :s ' III ~ '. ... , H ... ~l .'IiI.51 " ,I . .. ~I ~ 'I oS . i! 101 . to:i " I' s."- ~ ~ I' " .5 j j,.!t ,. I~ Ii " B i' ji ~l ~I' ~ , I' j: . ;1 :i . :E: i! ~ ~ III Ii , i ~ il ., I' I " ,I ~ S; I, 11 I' .' f; . .. . b MARY E. SMITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW Plaintiff vs. 97-4345 DAVID M. QUIGLEY Defendant IN CUSTODY ORDER OF COURT t!tJ.. u", AND NOW. this :J day of It ~ ' 2004. consideration of the attached Custody Conciliation Report' t is ordered and directed as follows: upon I. The prior Order of this Court dated September 24, 2002 shall continue in effect pending further order of Court or agreement of the parties. 2. The Father shall contact Sally Rooney to schedule an initial appointment to discuss and obtain input on issues conceming the Father-Daughter relationship. The parties shall follow the recommendations of the counselor with regard to the participation of the Mother and lor Child in funher counseling sessions. 3. The Mother shall provide the Child's activities schedule to the Father as soon as possible upon receipt of the information. 4. The Father agrees to ensure that the Child attends youth group meetings during his periods of custody at a minimum on alternating Sundays with the Father, unless there is a conflict with specific plans for vacation or other major events. The Father agrees to make the Child anilable to attend church with the Mother during his periods of custody if the Child is not attending church with the Father or a member of his family. 5. The Father agrees that if the Child's summer work schedule conflicts with the Father's periods of custody, the Father will cooperate in making arrangements for make-up periods of custody during non-working times. 6. The parties agree that there will be nexibility in rescheduling weekend partial custody periods to weekdays in order to accommodate the Child's work and activity schedule as mueh as possible on the condition that adjustments to the schedule continue to be exceptions and do not become permanent or ongoing. 7. The Father shall ensure that the Child attends her eolor guard practices and competitions during his periods of custody. 8. Counsel for either party may contact the conciliator within six months of the date of this Order to schedule an additional custody conciliation conference, ifnecessary, after the parties have received guidance from the counselor. 9. 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~?-;n ~vV\'6.~~ J. ec: /feter J. Russo, Esquire - Counsel for Mother ;Max J. Smith. Jr. uire - Counsel for Father ,,~ 6'{f'\ 05,0 .. -- CO? (: CO? f":' .f f' N ::~ u_}f~' \I~'~ E: t1....-, (J.!'-' ..,.,. ~ > L" @L: I -:flu >- -~ ...-" z: " Ii. -- ..c..It 0 "., ;.:J "'-' .... U Plainti ff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. SMITH vs. (J7 -4345 CIVIL ACTION LAW DAVID M. QUIGLEY Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCIUATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVil. PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information conceming the Child who is the subject of this litigation is as follows: NAME DATE OF IIIRTD July 2, 1989 CURRENTLY IN CUSTODY OF Courtney E. Quigley Mother 2. A Conciliation Conference was held on April 29, 2004, with the following individuals in attendance: The Mother, Mary E. Smith. with her counsel, Peter J. Russo, Esquire, and the Father, David M. Quigley, with his counsel, Max J. Smith Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. I~ .Jd.( Date I /2 Ii Dawn S. Sunday, E~ Custody Conciliator