HomeMy WebLinkAbout98-00165
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FRANK E, MARQUART,
Plaintiff
vs,
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)
)
)
)
)
)
)
IN Tf-IE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
TRUDY MINNICK,
Defendant
CIVIL ACTION - LAW
No,q~-llcS CIVIL TERM
IN CUSTODY
ORDER OF COURT
ANll NOW, this ,-Yl_ day of _,Ic IC\\.j,j("'4-, 199/-'?, upon consideration of the
Complaint filed in this maller, it is hereby directed that the parties and their respective counsel
appear before' h)\. n S \1. \. ~ir,e conciliator. at 34 \.l. MC\\f1~\-, I KaimK.bV
Pennsylvania, on \J:.( \r'('l\)...1-' the \ '2, day of Ie if" r J (v/-, 1993:.... at \ I " C )()
o'clock Q,lI1, for a Pre-Hearing Custody Conference. At such conference, an eff0l1 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 a temporary order, All children aged five or older may also
be present at the conference, Failure to appear at the conferenl:e may provide grounds for entry of
a temporary or pennanent order.
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 Fll\lD OUT WHERE YOU CAN GET LEGAL HELP,
COURT ADMINISTRATOR, FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
FOR Tl-IE COURT.
BY (~~,",~llfV"I~' L !~fJl!"
CUSTODY cONdij"AT'drF'ZY' ~ \
I 't\':ll\
in advance. The Father eventually located the Mother in Texas throllgh the
efforts of his cOllllse1 and a private investigator. The Father has not
attempted to contact the Child throughout this period because he believed
that the Mother was going to proceed with an adoption by her husband and he
did not want to confuse the Child or cause problems for the Child. 'rhe
Father has in the past attempted to work out an arrangement whereby the
Mother would drop the existing child support arrearages, the Father would
contribute financially toward the expenses of the adoption and the Mother's
husband would proceed with adoption of the Child. However, the Father
indicates the Mother has not followed through with her agreement in this
regard. The Father is now convinced that the Mother will never proceed
with the adoption and he would like to reestablish his relationship with
the Child. The Father seeks custody of the Child for a substantial period
during the sUlTl11er school vacation and an extended period over the Christmas
holiday each year. 'rhe Father believes the Mother has alienated the Child
fran him and over the last three years has prevented his contact with the
Child by leading him to believe that her husband intended to adopt the
Child.
5. The Mother's position on custody, as related by her counsel, is as
follows: The Mother indicates that she moved with the Child to Texas in
March of 1997 after providing advance notice to the Fathet'. According to
the Mother the Father has not acted as a Father toward the Child or had any
comnunl.cation with the Child since that time and e'len before that time.
Although the Mother's husband desit'es to adopt the Child, the Mother is not
willing to proceed with the adoption until the Father pays the support
arrearages. The Mother objects to the I'ather havin<;) extended periods of
partial custody with the Child at this time due to the length of time in
which the Child has had no contact with the Father. According to the
Mother, the Child does not remember his Father.
6. It should be noted that the Mother's cOllllsel intends to file with
the Court a Petition for petmission to File preliminary Cbjections, Nllllc
Pro Tunc, alleging that the Texas Court, rather than this Court, properly
has jurisdiction over this matter. Some of the issues involved in the
Mother's objections to jurisdiction include factual disputes over when the
Mother moved with the Child from pennsylvania to Texas and whether or not
the Mother moved with the Father's knowledge or consent.
7. The conciliator recommends an order in the form as attached
scheduling a Hearing in this matter and also providing for a period of
partial custody for the Father illll1Eldiately preceding the Hearing. The
Mother opposes any extended period of partial custody for the reasons
previously stated. It is expected that the Hearing or. the custody issues
(if the jurisdictional issue is tesolved in favor of jurisdiction in
pennsylvania) will require at least one-half day.
(Y1 (VCcA- L) 5; ) {J 'i I
Date
(a~~.-~~~,~
Dawn s. Sun ay, Esqu re
CUstody Conciliator '
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