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HomeMy WebLinkAbout00-06293 - - C~'. "" .. --^-~"'""""",",,&<k~lA_' TIM01HY M. MCQUISTON PLAINTIFF V. AUTUMN L. STEPLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA 00-6293 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of September ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 10th dayof October ,2000, at 1:00 p.m. 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 defme 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. FOR THE COURT, By: Isl Dawn S. Sunday_ Esq.\1.1 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 TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 u i., "~.~-, , - , ~. .., ,.; ~. _'........_;.,_, ,.',','V _' ,u." .'''' _,'N _""""-'_""'''"'~,,"' __~'__w~'~~'_"~'_''''''"'~_'~_'' _,. ':1) 1:::0, ,-....,.., ,..., ["__'" .r'~ !:"hr.c C)r- ") '.~.. i)-~,~;-:;'-!, .:.';':-~ , , ; ~ r '.'1 )1"[ ~'"r", R" ,,,I ,,-,',':'.J/f-i.fl' 00 SEP 25 Ph 12: 55 CUM3EHi.JV.jD COUNTY PENNSYLVANIA , 4. ';;S.tZJ r:; ()')-tP~ tf.x:C~ ~~~~~4~ Yl~~~Z 1f/!' ~~ ?t5'4~ =~,__ 0, or. ~l!rw <~.._ u ~~~.p.7f"~~'i.,*~i\!IIl!!-m!-ni~.._"c",....,~I'rmj, ~ ,.. ..... - -,- --~ . -',,",-,' ,-,,-._'t'"__...o-", :_,_,__-_','"""".."".,,, '~1 -"~- .'1 TIMOTHY M. McQUISTON, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 00 - /; J. 9.3 CIVIL TERM AUTUMN L. STEPLER, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at ,onthe_dayof ,2000at_. M. 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 this conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE TIDS 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 _'~ ~,_ __ __n .';,' , -~- .-,,;.-,-' ;;-". I >>v,--'_" _'''',_,._':__', ';",.:-", __'.-- ~'1"r." 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 scheduling conference or hearing. > " :,'~ "" -~ > ,. - -~~, .-', <-- ':;'--;" " ,--j ,,;,- '." ~i:&,>; TIMOTHY M. McQUISTON, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 00 - C:.2. 93 CIVIL TERM AUTUMN L. STEPLER, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 11th day of September 2000, comes the Petitioner, Timothy M. McQuiston, by and through his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody, averring as follows: 1. The petitioner is Timothy M. McQuiston, an adult individual residing at 28 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Autumn L. Stepler, an adult individual residing at 8 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, namely, Cassie N. McQuiston, born November 10,1992, age 7 years. ~"" ^ ,'-"--.' '--';,'-,,",," j-' .~ "-',""-" ",' "'.r \,-~ '"-_'~o" ~ _ ,",__, "-"" 4. The child is presently in the primary custody ofRespdondent. 5. Respondent has prevented continued regular periods of visitation and contact with the child by Petitioner. 6. Petitioner desires established periods of visitation with the child and joint legal custody, with primary custody remaining with Respondent as can be mutually arranged between the parties. 7. The best interests and permanent welfare of the child requires that the Court grant the Petitioner's request as set forth above. 8. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. , " -~ '. ,- ~- ,,~' .... ~--, - ""'--, ",- 0'-." " ~'-.C ~~" -~~-"_"__ ,~", , ,," _0 _ _ _~ -" , '~, 10. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting periods of visitation with the child and joint legal custody, with primary custody remaining with Respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~A/ ~. ;#i1;- Dougl . G. Miller, Esquire Supreme Court 1.0. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, Timothy M. McQuiston Date: September 11th ,2000 .0 ~, ~~ " , ~,_" ><. _ '_'''_ , ,0 . I; ",-,L '",,' ,;~, ,;,..:', "" " ~ ---" ,~--o' 'li..'-l VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ Date: September 11th. 2000 ."" -~,-"~"iJ.~.",,,,,',, -_. ~'~---' ~- '. -,,,--.',:'--'" "'4l--- ,,,>, ~ ,- '-,"" ,."" j:i :i I ! () 0 0 c <::> s:: "" "tJ!;p tI) ~'"n mrp. r"l ~::O -0 oLe c-> ~"7 .r.- ~~:~~ pJ. KO r':{--r -0 =;() io ::x ~1;:':~ C)f::;<" ~ ~ 7" ,) c."5m ":J'l :~ .j:"' :0 -< ~ ! }1 ~ ~ '* ..t:; ~~ ~ '" ~, ~ d " - f ~\: "","" "'<>0 , ,~ ^' , "-- ~- "' ~ '" """...... .~~ ",' "rip l!,~lIMIbr' , TIMarHY M. McQUISTON, Plaintiff : IN THE CXlURT OF CXlMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-6293 CIVIL TERM . . AUTUMN L. STEPLER, Defendant : CIVIL AcrION - LAW : IN CUSTODY ORDER OF COURT AND roi, this 2.h t day of 0 L.-i 6 ~U consideration of the attached Custody Conciliation Report, and directed as follows: , 2000, upon it is ordered 1. The Father, Timothy M. McQuiston, and the Mother, Autumn L. Stepler shall have shared legal custody of Cassie N. McQuiston, born Noverner 10, 1992. 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. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning October 20, 2000, from Friday at 6:00 p.m. through Sunday at 6:00 p.m. The Father shall also have custody of the Child on every Wednesday evening from 5:00 p.m. until 8:00 p.m., beginning October 11, 2000. In the event the Father has to work on a Wednesday evening, the Father shall provide as much notice as possible to the Mother and the parties shall cooperate in rescheduling an evening period of custody for the Father. The Father shall be responsible to provide all transportation for the exchanges of custody on the weekday evening period of custody. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. cmuSTJIIAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. TlfANKSGIVING: In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until :~ , il.. ,., .,"" .- ~ " .~ N~," MJ "-=~ .' '~' " i,' ,\ :,' Tl~~~Y ~ rc.'T ,?; r"" '-'1 l' i>:.:;>2: CII-\/.,!:--.,-,: ;\",1", -_.'",_,.., vh;;_-,,_:;[ {",,'-.I' 1 { ; i' !"'IV' -, ,...1'....' l\j j PENNSYL\I~~~-I:\~;:\'-' " .l, , ~~ "~ "" '~--. '''~,.'' ",v.- !~im"'~9.~~~~~'t~~...,4l-l,~I~,"r"""f1,;<IIfJl,:!fj[r~,n'f.liT'f""'''' ~ ,~ ,~ ~~, ~~ ,'~ i" 8:00 p.m. and in odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day. C. NEW YEARS: In even numbered years, the Father shall have custody of the Child from New Years Eve after work through New Years Day at 8:00 p.m. and in odd numbered years, the Mother shall have custody of the Child on New Years Eve through New Years Day at 8:00 p.m. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Eve. D. EASTER: The Easter holiday shall run from the Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the Child over Easter in even numbered years and the Father shall have custody over Easter in odd numbered years. E. MEMClUAL DAY/JULY 4TH/LABOR DAY: In odd numbered years, the Father shall have custody of the Child on the Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and the Mother shall have custody over the Independence Day holiday from July 3rd at 6:00 p.m. until after the fireworks on July 4th. In even numbered years, the Mother shall have custody of the Child on the Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and the Father shall have custody over the Independence Day holiday from July 3rd at 6:00 p.m. until after the fireworks on July 4th. F. BAI.I.CMEEN TRICK-m-TREAT NIGHT: The Father shall have custody of the Child for trick-or-treat night in even numbered years and the Mother shall have custody of the Child for trick-or-treat night in odd numbered years at times to be arranged by agreement of the parties. If each party's community schedules trick-or-treat night on different evenings, each party shall be entitled to have custody of the Child on his or her community's trick-or-treat night. G. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day at times to be arranged by agreement of the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. During the summer school break each year, the Father shall be entitled to have custody. of the Child for 21 days for vacation upon providing 2 weeks advance notice to the Mother. The Father's periods of custody under this provision shall not be scheduled to exceed 7 consecutive days. The Father's periodS of custody under this provision shall be in addition to his regular alternating weekend periods of custody. The Mother shall provide at least 2 weeks advance notice to the Father of any vacation plans for the Child so that the Father can schedule his periods of custody >~ ,-- ~"'~"'...""",-~ under this provision accordingly. The Father shall not schedule periods of custody under this provision during the last week of the summer school break before the beginning of the new school year. 6. Unless otherwise provided in this Order or agreed between the parties, the party relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. EXChanges of custody shall take place at the respective parties' residences unless the parties agree otherwise. 7. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child. 8. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other parent along with an address and telephone number where the Child can be contacted. 9. Neither party shall do or say anything which may estrange the Child fran the other parent, injure the opinion of the Child as to the other parent or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that all third parties having contact with the Child comply with this provision. 10. 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: Douglas G. Miller, Esquire - Counsel for Father '> ~ ~ Autumn L. Stepler, Mother I U" / 0 ' :1_'1 fit> ~ .J '_' , w~'ik. TIMClrHY M. McQUISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 00-6293 CIVIL TERM . . . AUTUMN L. STEPLER, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUSTODY CCNCILIATIOO SUMMARY REJ:lOOT IN ACCX1IDANCE WITH CDIBERLAND COUNTY RULE OF CIVIL PROCIIDURE 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 CURRElilTLY IN CUSTODY OF Cassie N. McQuiston November 10, 1992 Mother 2. A Conciliation Conference was held on October 10, 2000, with the following individuals in attendance: The Father, Timothy M. McQuiston, with his counsel, Douglas G. Miller, Esquire, and the Mother, Autumn L. Stepler, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ()('J..r) ~ /,J, deOr) Date ca,....~~ Dawn S. Sunday, Esquire Custody Conciliator