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HomeMy WebLinkAbout04-1883 Johnson, Duffie, Stewart & Weidner By: Wade D. Manley 1.0. No. 87244 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff KELLY QUARLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 1tR3 (J"ciLtr92.n'] CIVIL ACTION - LAW v. CHRISTOPHER MATTHEW JOHNSON, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, KELL Y QUARLES, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Custody Complaint against the Defendant, Christopher Matthew Johnson: 1. The Plaintiff is KELLY QUARLES, who currently resides at 211 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania. 2. The Defendant is CHRISTOPHER MA TTHEW JOHNSON, who currently resides at 327 Front Street, Marysville, Perry County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Trysten Joseph Quarles, age 4, whose date of birth is February 6, 2000. 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at 211 E. Main Street, Shiremanstown, Pennsylvania 17011. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Persons Address Duration 1. Kelly Quarles Christopher M. Johnson Shiremanstown, PA 17011 birth - 02/02 Petitioner's other child, Tyler DeArment, age 7 2. Kelly Quarles Petitioner's other child, Shiremanstown, PA 17011 02/02 - 02/03 Tyler DeArment, age 7 3. Kelly Quarles Christopher M. Johnson Shiremanstown, PA 17011 02/03 - 02/04 Petitioner's other child, Tyler DeArment, age 7 4. Kelly Quarles Petitioner's other child, Shiremanstown, PA 17011 02/04 - present Tyler DeArment, age 7 7. The natural mother of the child is Kelly Quarles, Plaintiff herein. 8. The natural father of the child is Christopher Matthew Johnson, Defendant herein. 9. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: her two (2) minor children, Trysten Joseph Quarles and Tyler DeArment. 10. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: John Morehouse and Thomas Little. 11. Plaintiff has not participated as a party in other litigation concerning the custody of the child in any other court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to these proceedings who has phYSical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has repeatedly attempted to work with Defendant in order to develop a mutually acceptable custody arrangement, to no avail; B. Defendant has repeatedly threatened to remove the minor child from the Commonwealth of Pennsylvania. Defendant has the ability to follow through with his threats of relocation, and Plaintiff is concemed that Defendant will indeedl unilaterally remove the child from this jurisdiction; C. Defendant's family is located outside of Pennsylvania. More specifically, Defendant's family is located primarily in Florida, and it is Plaintiff's belief that Defendant will remove the child to that state; D. Defendant's threatened behavior is not in the best interest of the minor child. Based upon the above, on April 27, 2004, Plaintiff filed an Emergency Petition for Special Relief in order to secure primary physical custody of the minor child, and in order to preclude the Defendant from removing the child from Pennsylvania; E. The Plaintiff's relationship with her son should be preserved and nurtured; F. The Plaintiff is able to provide for the child's physical, intellectual, and emotional well-being; G. The Plaintiff's presence as a fit parent through affection, guidance, companionship, and discipline is crucial to the minor child's emotional well-being. 15. Each parent whose parental rights to the child have rtIJt been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that primary physical custody of the child be granted to her, and that primary legal custody of the child be granted to her. :227969 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: jp", 1) Wade D. Ma ey Attorney 1.0. No. 87 301 Market Street P.O. BClx 109 lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attornells for Plaintiff VERIFICA TlON I, KELL Y QUARLES, do verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made h,~" ,m ,"OJ''' 10 tho """Iti" of 18 "".C.SA 14904 ml,!'" to'Z: to...."", 10 """'''''''. Date: t ~uarles e ~ ~ It- ~ Ct't - Ci) D ~ ~ ~ () l F I' 1- () ~ < (:)(1) ~li~r; >>r (i ~l~':,: ~~~C-; ~ij 7 ~ g ~ -'" ~ ~:o ~ ~~~ ~ '7~ - om - ;g Ul ::i? (,0) Johnson, Duffie, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 30 I Market Street P. O. Box \09 Lemoyne, Pennsylvania 17043-0 \09 (717)761-4540 Attorneys for Plaintiff KELLY QUARLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CLlMBERLAND COUNTY, PENNSYLVANIA NO. D-I-IPiG ClD...L~'1 CIVIL ACTION - LAW IN CUSTODY v. CHRISTOPHER MATTHEW JOHNSON, Defendant EMERGENCY PETITION FOR EX PART!; SPECIAL RELIEF TO PREVENT REMOVAL OF CHILD FROM JURISDICTION PURSUANT TO Pa.R.C.P. 1915.13 AND NOW. comes the Plaintiff, KELL Y QUARLES, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Custody Complaint aglainst the Defendant, Christopher Matthew Johnson: 1. The Petitioner is KELL Y QUARLES, Plaintiff in the above-captioned matter. 2. The Respondent is CHRISTOPHER MA TTHEW JOHNSON, Defendant in the above- captioned matter. 3. The parties have never been married. 4. There is one minor child as a result of the parties' relationship: Trysten Joseph Quarles (the "minor"), age 4, whose date of birth is February 6,2000. Petitioner also has one (1) other minor child from a previous relationship who resides with her: Tyler James DeArment, age 7. 5. Plaintiff has filed a Complaint for Custody simultaneously with filing of this Petition, and incorporates by reference the averments in the Complaint. 6. The parties have not entered into an agreement with respect to custody of the minor, although Petitioner contacted her attorneys in order to prepare a Custody Stipulation securing her custodial rights and designating herself as the child's primary custodial pan9nt. 7. The Respondent was residing with the Petitioner, the minor, and Petitioner's other minor child from a previous relationship, at 211 E. Main Street, ShiremanstClwn, Pennsylvania 17011, until February of 2004. 8. The Respondent is currently living in the Marysville area, Perry County, Pennsylvania, with friends John Morehouse and Thomas Little, however the Respondent has refused to reveal the exact location or address of his current place of residence. 9. In spite of the fact that the Petitioner has attempted to nurture a relationship between the minor and the Respondent, and it is believed that the Respondent has spent time with the minor at his current residence without leaving the Petitioner with a means to IIocate the Respondent or the minor during these times of visitation should an emergency arise. 10. On April 25, 2004, the Respondent agreed to sign over all of his parental rights to the Petitioner in exchange for the Petitioner's agreement to drop a child support claim entered by the Cumberland County Domestic Relations Office at docket no. 673102554. 11. The Respondent has consistently and constantly offered to sign over his parental rights in regard to a similar agreement before subsequently withdrawing that offer. 12. On March 25, 2004, in an attempt to nurture a relationship between the Respondent and the minor, the Petitioner granted to the Respondent a four (4) hour visitation period in which the Respondent kept the child overnight at his residence in the Marysville area and did not bring the minor back to the Petitioner at her residence until the following morning. 13. That morning, on March 26, 2004, the Respondl9nt brought the minor child back to the Petitioner's residence, however he locked the minor in the car and requested the Petitioner to sign a handwritten piece of paper which would have granted to him shared custody, and would have allowed Respondent to take the minor to visit family in Florida for ten (10) days in April 2004. 14. On March 26, 2004, the Respondent again threatEined to take the minor child outside of the Commonwealth of Pennsylvania to the State of Florida. 15. The Respondent has consistently and constantly made similar threats to take the minor child outside of the Commonwealth of Pennsylvania prior to the last occurrence on March 26, 2004. 16. At that time, the Respondent threatened physical harm to the Petitioner before eventually leaving the minor child with the Petitioner, and leaving the Petitioner's residence when the Petitioner placed a telephone call to her father. 17. It is believed and therefore averred that the minor child is afraid of the Respondent, and afraid to spend time with the Respondent. 18. The Respondent has threatened to kill the Petitioner, kill the Petitioner's father, and inflict other harm upon the Petitioner on numerous occasions. 19. The Respondent is a diagnosed bi-polar/manic depressive, who has been prescribed medication; however, it is believed and therefore averred that the Respondent does not take his prescribed medication on a regular basis. 20. Petitioner has repeatedly attempted to reason with Respondent in order to reach a mutually acceptable custody arrangement that would be in the best interest of the minor. 21. The Respondent refuses to keep a regular custody schedule, despite the Petitioner's repeated attempts to commence a custodial plan. 22. The Respondent fails to keep and maintain the custodial times which the parties mutually agree upon. 23. The minor has been attending the child day cart~ center of Holly Welter at 12 Hummel Avenue, Camp Hill, Pennsylvania, and is flourishing in his present arrangement. 24. The child's pediatrician is Dr. Harm who is located on Good Hope Road, Mechanicsburg, Pennsylvania, and the child has developed a comfortable relationship with this person. 25. The child has many friends and playmates residing in the Cumberland County area. 26. The Petitioner has had almost exclusive input into the minor child's life since his birth, and has a close and loving bond with the child, which she desires to maintain. 27. The Respondent's threatened relocation of the child does not consider the best interest of the child. 28. The Respondent's threatened relocation of the child will severely disrupt the day to day life of the child, and will irreparably harm Petitioner's custodial rights. 29. The Respondent has not commenced any proceeding seeking to relocate with the child. 30. The removal of the child against the will of the Petitioner is not in the best interests and welfare of the child. 31. The Petitioner will be irreparably harmed should Respondent remove the child from this jurisdiction. WHEREFORE, Petitioner respectfully requests that an Order be issued restraining Respondent from relocating with the child outside of this Commonwealth until further Order of this Court, and Petitioner further requests that physical custody of the child be immediately awarded to him. Respectfully submitted, JOHN~N, DUFFIE, STEWART & WEIDNER B'~~ Wade D. Ma ley Attorney 1.0. No. 4 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorneys for Plaintiff :227980 VERIFICA TION Date: I, KELLY QUARLES, do verify that the statements made in the foregoing Emergency Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. ~904 relating to unsworn falsification to authorities. -1 Kelly Quarles 1M7/rYI & o ~ ~ 0 ~ f P: J- ~R \l fl (") ~"~ [l;t~'~ g,Jl .<, r-~ <. ~f:-'; ..- r- Z ___..t -< "'" ~ ~ ~ ~~" I ". :r!. i :l': 0 _ "Z' _ 0 .. ,.... U1 > U1 ~ KELLY QUARLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW CHRISTOPHER MATTHEW JOHNSON, Defendant NO. 04-1883 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of April, 2004, upon consideration of Plaintiffs Petition for Emergency Relief, relating to the parties' child, Trysten Joseph Quarles (d.o.b. February 6, 2000), it is ordered and directed as follows: 1. The allegations of the petition are refi~rred to the custody conciliation process, to be considered with the allegations of the custody complaint on the issue of a more pemlanent recommended or agreed-upon order for custody of the child; and 2. Pending the custody conciliation conference, a. The parties shall share legal custody of the child; b. Primary physical custody of the child shall be in Plaintiff, the Mother. c. Temporary or partial physical custody of the child shall be in Defendant, the Father, on alternating weekends, from Friday at 7:00 p.m. until Sunday at 7:001 p.m.; d. Responsibility for transportation of the child for purposes of custody exchanges shall be that of the party receiving custody; e. Neither party shall secrete the location of the child at any time from the other party. f. Neither party shall remove the child from the Commonwealth of Pennsylvania. 3. The Court will hold a hearing on whethl:r this interim order should be modified or terminated upon motion of either party. "- ViNIft\lAS0Ji'::'Jd AJNnCO O'~ii'li-:38f\1fK) 6S : II HV 62 ~dV ~OOl Al:lV10NOHlOi;id 3Hl ::lO 3OlID-03ll:l AVade D. Manley, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plaintiff .IChristopher Matthew Johnson 327 Front Street MarysviIIe, P A 17053 Defendant, pro Se :rc BY THE COURT, I , , .! / . ~0~ , ,Wesley Oler,. ) I 04 -;(9 -0 Y ,/ .- .", Johnson, Duffie, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff > ~ ~". Lf-- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- I'{fj KELLY QUARLES, v. CIVIL ACTION - LAW CHRISTOPHER MATTHEW JOHNSON, IN CUST't9Y ~~ 0 D.~~ ~ ! ~ "n., ~, fn;;J;l Cl;\", ...." 1_ ::;~,',l .,- -om EMERGENCY PETITION FOR EX PARTE SPECIAL RELIEF f~ ,; ~ ~~ TO PREVENT REMOVAL OF CHILD FROM JURISDICTION PURSUANT TO P~~'C.P~1~ ).>- c~ -:: ::r.;t :;:'~ ..1"\ -:q --j ~ . -<. -~ 0' AND NOW, comes the Plaintiff, KELLY QUARLES, by and through her attomeys, Johnson, Duffie, Stewart & Weidner, and files the following Custody Complaint against the Defendant, Christopher Matthew Johnson: 1. The Petitioner is KELLY QUARLES, Plaintiff in the above-captioned matter. 2. The Respondent is CHRISTOPHER MATTHEW JOHNSON, Defendant in the above- captioned matter. 3. The parties have never been married. 4. There is one minor child as a result of the parties' relationship: Trysten Joseph Quarles (the "minor"), age 4, whose date of birth is February 6, 2000. Petitioner also has one (1) other minor child from a previous relationship who resides with her: Tyler James DeArment, age 7. 5. Plaintiff has filed a Complaint for Custody simultaneously with filing of this Petition, and incorporates by reference the averments in the Complaint. 6. The parties have not entered into an agreement with respect to custody of the minor, although Petitioner contacted her attorneys in order to prepare a Custody Stipulation securing her custodial rights and designating herself as the child's primary custodial parent. 7. The Respondent was residing with the Petitioner, the minor, and Petitioner's other minor child from a previous relationship, at 211 E. Main Street, Shiremanstown, Pennsylvania 17011, until February of 2004. 8. The Respondent is currently living in the Marysville area, Perry County, Pennsylvania, with friends John Morehouse and Thomas Little, however the Respondent has refused to reveal the exact location or address of his current place of residence. 9. In spite of the fact that the Petitioner has attempted to nurture a relationship between the minor and the Respondent, and it is believed that the Respondent has spent time with the minor at his current residence without leaving the Petitioner with a means to locate the Respondent or the minor during these times of visitation should an emergency arise. 10. On April 25, 2004, the Respondent agreed to sign over all of his parental rights to the Petitioner in exchange for the Petitioner's agreement to drop a child support claim entered by the Cumberland County Domestic Relations Office at docket no. 673102554. 11. The Respondent has consistently and constantly offered to sign over his parental rights in regard to a similar agreement before subsequently withdrawing that offer. 12. On March 25, 2004, in an attempt to nurture a relationship between the Respondent and the minor, the Petitioner granted to the Respondent a four (4) hour visitation period in which the Respondent kept the child overnight at his residence in the Marysville area and did not bring the minor back to the Petitioner at her residence until the following morning. 13. That morning, on March 26, 2004, the Respondent brought the minor child back to the Petitioner's residence, however he locked the minor in the car and requested the Petitioner to sign a handwritten piece of paper which would have granted to him shared custody, and would have allowed Respondent to take the minor to visit family in Florida for ten (10) days in April 2004. 14. On March 26, 2004, the Respondent again threatened to take the minor child outside of the Commonwealth of Pennsylvania to the State of Florida. 15. The Respondent has consistently and constantly made similar threats to take the minor child outside of the Commonwealth of Pennsylvania prior to the last occurrence on March 26, 2004. 16. At that time, the Respondent threatened physical harm to the Petitioner before eventually leaving the minor child with the Petitioner, and leaving the Petitioner's residence when the Petitioner placed a telephone call to her father. 17. It is believed and therefore averred that the minor child is afraid of the Respondent, and afraid to spend time with the Respondent. 18. The Respondent has threatened to kill the Petitioner, kill the Petitioner's father, and inflict other harm upon the Petitioner on numerous occasions. 19. The Respondent is a diagnosed bi-polar/manic depressive, who has been prescribed medication; however, it is believed and therefore averred that the Respondent does not take his prescribed medication on a regular basis. 20. Petitioner has repeatedly attempted to reason with Respondent in order to reach a mutually acceptable custody arrangement that would be in the best interest of the minor. 21. The Respondent refuses to keep a regular custody schedule, despite the Petitioner's repeated attempts to commence a custodial plan. 22. The Respondent fails to keep and maintain the custodial times which the parties mutually agree upon. 23. The minor has been attending the child day care center of Holly Welter at 12 Hummel Avenue, Camp Hill, Pennsylvania, and is flourishing in his present arrangement. 24. The child's pediatrician is Dr. Hann who is located on Good Hope Road, Mechanicsburg, Pennsylvania. and the child has developed a comfortable relationship with this person. 25. The child has many friends and playmates residing in the Cumberland County area. 26. The Petitioner has had almost exclusive input into the minor child's life since his birth, and has a close and loving bond with the child, which she desires to maintain. 27. The Respondent's threatened relocation of the child does not consider the best interest of the child. 28. The Respondent's threatened relocation of the child will severely disrupt the day to day life of the child, and will irreparably harm Petitioner's custodial rights. 29. The Respondent has not commenced any proceeding seeking to relocate with the child. 30. The removal of the child against the will of the Petitioner is not in the best interests and welfare of the child. 31. The Petitioner will be irreparably harmed should Respondent remove the child from this jurisdiction. WHEREFORE, Petitioner respectfully requests that an Order be issued restraining Respondent from relocating with the child outside of this Commonwealth until further Order of this Court, and Petitioner further requests that physical custody of the child be immediately awarded to him. Respectfully submitted, JOHNf'N, DUFFIE, STEWART & WEIDNER By: fJldJ. V M~ Wade D. M~i1~y Attorney 1.0. No. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorneys for Plaintiff :227980 VERIFICATION I, KELLY QUARLES, do verify that the statements made in the foregoing Emergency Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.SA ~904 relating to unsworn falsification to authorities. 1 ~7/ 01 KJl.., Date: KELLY QUARLES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1883 CIVIL ACTION LAW CHRISTOPHER MATTHEW JOHNSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before nawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, FA 17055 on Tuesday, June 01, 2004 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 a/(e 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 auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. Custody Conciliator mhc 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 "~r -7- ~ ~ "110-/lf . h ;tb I!fvt Jl. ~ ~ hlJJ/-.7 ~/$! ~ 1- ~~;? -r; )liJ.J/? Vl>j\//\l,i"t::>J;\J3d }J.N(Y'~' C' n,'c'9InJ B8:8 lid II AVW~DOl Ati110NOH108d 3H! dO 381:HO-{J31ld JUN 1 0 2004' KELLY QUARLES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1883 CNIL ACTION LAW CHRISTOPHER MATTHEW JOHNSON Defendant IN CUSTODY ORDER OF COURT AND NOW, this t~ IL day of ::r un c.... , 2004, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. The prior Order of this Court dated April 29, 2004, is vacated and replaced with this Order. 2. The Mother, Kelly Quarles, and the Father, Christopher Matthew Johnson, shall have shared legal custody of Tryst en Joseph Quarles, born February 6, 2000. Legal custody is defined as the right to make major decisions affecting the best interests ofthe Child including, but not limited to, decisions regarding the medical treatment and health care, religion, and education of the Child. Both parties shall have the right to be infonned of the Child's education, medical, and other developments and shall be entitled to full and complete access to and infonnation concerning the Child from any doctor, dentist, teacher, treatment institution, or similar authority, and to receive copies of any reports, notices, or other communications given to either parent regarding the Child. Each parent shall notify the other of any matter relating to the Child which would reasonably be expected to be of significant concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall have the right and authority to make any immediate decisions necessitated by the emergency but shall promptly infonn the other parent of the emergency and consult with him or her as soon as possible. 3. The Mother shall have primary physical custody of the Child. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. beginning Friday, June 11,2004. At such time as the Father begins his new work schedule under which he works from Sunday through Thursday, the Father's alternating weekend periods of custody shall run from Thursday at 7:00 p.m. through Saturday at 7:00 p.m.. 4. The parties shall have custody ofthe Child over holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 7:00 p.m. through Christmas Day at 4:00 p.m. and the Father shall have custody from 4:00 p.m. until 9:00 p.m. on Christmas Day. Vif'0WI1;\SI\JN=id , I "r,,~,') ~'", '"",,! ':x"^'n" A.LI'J! 1\.',.J >"q,.-.:.;...,I'V V 2e :f; !,Id S I Nnr ~llOl AfN10NOHLO'ckJ ;JHJ. :/0 30I:!:l0-031!:J B. THANKSGNING: In every year, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until I :00 p.m. and the Mother shall have custody for the remainder of Thanksgiving Day. C. EASTER: In every year, the parties shall equally share having custody of the Child on Easter Sunday. The Mother shall notify the Fa.ther at least 10 days in advance as to which half of Easter Sunday she selects for her period of custody. D. ALTERNATING HOLIDAYS: The period of custody on the alternating holidays shall run from 9:00 a.m. until 7:00 p.m. on the holiday. The Mother shall have custody of the Child on Memorial Day and July 4th in 2004 and the Father shall have custody of the Child on Labor Day in 2004 and on New Year's Day in 2005. Thereafter, the Mother shall have custody of the Child in odd numbered years on July 4th and New Year's Day and in even numbered years on Memorial Day and Labor D~, and the Father shall have custody of the Child in even numbered years on July 4 and New Year's and in odd numbered years on Memorial Day and Labor Day. E. MOTHER'S DAYIFATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m.. F. CHILD'S BIRTHDAY: The parties shall share having custody ofthe Child on his birthday each year as arranged by agreement. G. The holiday custody schedule shall supercede 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 one uninterrupted week upon providing at least 30 days advance notice to the Mother. The Mother shall schedule her summer vacation time each year so that it does not interfere or conflict with the Father's regular weekend, holiday or vacation periods. 6. The party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. Neither party shall remove the Child from the Commonw,:alth of Pennsylvania without two days prior notice to the other party and the consent of the other party. Neither party shall unreasonably withhold his or her consent under this provision. In the event there is a dispute as to consent under this provision, either party pro se or through counsel may contact the conciliator, if necessary, to schedule an additional custody conciliation conference to address the issue. 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 the address and telephone number to the other party in advance where the Child can be contacted. 9. Each party shall notify the other party of any changes to his or her address and telephone number on an ongoing basis. 10. In the event the Mother intends to relocate the Child's residence, the Mother shall provide at least 60 days advance notice to the Father so that the parties can make any necessary adjustments to the custody arrangements by agreement or with the assistance .of the legal process. II. In the event either party is unavailable to provide care for the Child during his or her periods of custody, that party shall contact the other party to offe:r that party the opportunity to provide care for the Child before contacting unrelated third party caregivers. In addition, the parties shall discuss and agree on the selection of third party caregivers in the event such care is necessary. The Father agrees that the Mother's roommate, Chris, may provide care for the Child without the Father's prior consent. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion ofthe Child as to the other parent, or hamper the free and natural development ofthe Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. 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, 1. lL,tlctt esley m~r, JG J. cc: Wade D. Manley, Esquire - Counsel for Mother Christopher Matthew Johnson, Father ~ ~ L.-IS.oi 9-- KELLY QUARLES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1883 CIVIL ACTION LAW CHRISTOPHER MATTHEW JOHNSON Defendant IN CUSTODY Prior Judge: 1. Wesley Oler, Jr. 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 Trysten Joseph Quarles February 6, 2000 Mother 2. A Conciliation Conference was held on June 1, 2004, with the following individuals in attendance: The Mother, Kelly Quarles, with her counsel, Wade D. Manley, Esquire, and the Father, Christopher Matthew Johnson, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ~- " ri-t'"L)t.( Date ()~< o~ Dawn S. Sunday, Esquir Custody Conciliator . . KELL Y QUARLES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-1883 v. CHRISTOPHER MATTHEW JOHNSON, Defendant CIVIL ACTION - LAW IN CUSTODY EX PARTE PETITION FOR EMERGENCY RELIEF AND NOW, this 17th day of October, 2006, comes Petitioner, Kelly Quarles, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Ex Parte Petition for Emergency Relief for Custody and, in support thereof, avers as follows: 1. Petitioner Plaintiff Kelly Quarles is an adult individual who currently resides at 211 East Main Street, Shiremanstown, Cumberland County, P A, 17055. 2. Respondent Defendant Christopher Matthew Johnson is an adult individual who currently resides at 594 Hillchurch Road, Hummelstown, Dauphin County, P A 17036. 3. On June 15,2004, a Custody Order was entered by the Court of Common Pleas of Cumberland County, by the Honorable J. Wesley Oler, Jr., granting Petitioner mother primary physical custody of the minor child, Trysten Joseph Quarles, born February 6, 2000 and granting the parties shared legal custody. A true and correct copy of said Order is attached hereto as Petitioner's Exhibit 1. 4. The Petitioner Kelly Quarles brother is getting married on Saturday, October 28,2006. 5. The minor child Trysten Joseph Quarles is the ring bearer in his uncle's wedding ceremony. The wedding is in Flemmington, New Jersey. 6. Respondent Christopher Matthew Johnson has known about this wedding and the parties' son's role as ring bearer for some time and recently notified Petitioner Kelly Quarles that he "changed his mind" and will not agree to permit the minor child Trysten Joseph Quarles to now participate in the wedding ceremony since "it is his weekend for custody". 7. Petitioner Kelly Quarles believes it is in the best interest and permanent welfare of Trysten Joseph Quarles that he be able to perform the function of ring barer in his uncle's wedding as he has been looking forward to participating in this event for some time. 8. Petitioner further avers that no adverse harm will come to Respondent Christopher Matthew Johnson if the Court grants the Petitioner's request for custody of the child for this weekend of October 27th through 29th, 2006, since she is willing to provide Respondent father with a makeup weekend for the custodial time he will lose by virtue of the parties' son participating in this wedding the weekend of November 3rd through 5th, 2006. WHEREFORE, Petitioner Kelly Quarles respectfully requested that this Honorable Court grant her Petition for Emergency Relief and grant Petitioner Kelly Quarles physical custody of Trysten Joseph Quarles the weekend of Friday, October 27th through Sunday, October 29th 2006 and further direct that Respondent father shall have the right to " a makeup" period of physical custody the weekend of November 3rd through 5th, 2006, in an amount oftime equal to the amount of time Petitioner mother exercises physical custody of the child for the purposes of attending the family wedding, and grant any further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOUGH Dated: L~/ {1--- Olo By: J~k( L Joanne Harrison Clou , Esquire Sup. Ct. I.D. #36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Christopher Matthew Johnson 594 Hillchurch Road Hurnmelstown, P A 17036 JO OUGH,ESQUIRE Dated: vo/ l~~ O~ T;J SO :Zll!d L I .LJ'J sun iJJ\/LCi 10/15/2005 11:41 717-770-4003 DDSP XI PAGE 01 .. " < ~ .d ti6SS9EZ RY 9S:1t 5n~ SO-eZ-Mnr .. ( ". JUN , 0 2004 t;: DlLY QU.QllfS Plain1i1f IN ml! Cot1l.T Ol' COMMON PLBAS OF CllMBI!ILAND COUNTY. PENNSYL V ANlA VI. 04-1883 avn.. AmON LAW CHlUSTOIHEl\MATTHlW 1ORNSON ~t IN CUSTODY O.ftD 'ot. C9tJaI AND NOW, thi. ~ day 01 .. :r ~ 17 '- . .. " 2004. upon ~ Dfthe ~ C\IItody CoaaWaaic3l(bpon, it it..... _ directCl4. ro~: 1. ne "* Old.- of thia CGaIt ..., April 2'. :Z000\ i. ftCI.ttcIlDd. nplaGld with tbU Order. 1. '"" MoIIIr. kelly QurIta.1Dd .. F.r. ~ MattINM' lohD1oft, Iba!1la~ ablred lepJ CUItody ofn,n.1OIIJIh QuIItII. bum I'ebn;wy 6. 2000.LoIl1 ~ .. ddald u tbe ript to IDIIce lIIIiar.... .'-"1 the NIt..... ,~f" Oailcl u.eludlq. bUr _ limited 1ID. dlciliCllll rt.... the IUdi.IIl ~ ... ~l'" nJiIioD. .. IlIIwItiod gftlac CbSd. Bo1h pIdb IhIl1 .vo die _10 be idwmed otdle ClliI4'. t4Iatioa. mocIical. IDlS ok .eJiopm&tl ., IhaIl be etitled to fbD IIId camp_ace.. to ax ~ -1IBiDa 1M cmld hm any tI.ctor, -tilt, -.Iatr. _.. iDItitIdioD. orlimil_IU1boritY.lDClto ncciw eopicl oI.y repOrts. aou-. or otMr COIDIIIIIIUcatioDlllWll to .....__ NtlldiuI'tbe Child. !lab pmnt Illlll DOtity 1be otbIr of lIlY I.DIttIr relltiDl to tilt CIIiId which tuould ..oDDly be expea1Id to be ol....d~ant '. C't'lftiwa to" ok. Day to day decUkIIUIllbIJl bo &1.. tbpODIl"biHty otthe paNIt'" u9iq ph)llical c1llDlly. The partDZ haviaa pb)'Iial OUI04y .'the 'tirM of my ....1fII"Y .balI u.. IJ. ript IZ1Cl authadty to .... C)' ,~... UcitiOUI1...aita*l by th,1IlD8rpu.cy but Iba11 prcapt1y iJI!orm the 0_ PlIClDt otthl ~y _ coualt with hlm or _ lllOOD U pOlliblt. 3. TU NodIIr IlIaD have primIry pllyIictJ wltoCly oftha anlcL The ,ather Iball have pll1ia1 pbyaical ~ oitba CdJd GD alttftItiq WIIbad. trom.lriday at 1:00 p...llraqh Sday at 7:00 P.JII. bqiaaiq Priday. I1JDtlll. 2004. At ftICIllime lithe ,.. 'besiu hit new wotk. tcUclulo ... wWgb he wmka hID SUBday IInaab. 11mIIda:" tile PItbet'. ~~........d p.nodl of CNItOdy IhaU Ml60lD 'I1mrIday It 7:00 p.a dIrouat, Slalld&yat 7:00,.&. ... The pIrtiGI ahaIllaave cuMocly of the ClDld O'\fef holidajlt . Cono-.: I A. nDlDl1'MAl: In ewry yell. the Mo'tb.cr Ihall have custody oftha Child !'om ChriIImaI Eve It 7:00 p.m. thro"lb OriMM Day lit 4:1'0 p.m. 80d W Fac.ball MYe cutto4y ft'am .:00 p.m. UDtil ':OC' p.m, on 0iriatmII Day. L:-~ k 6 -d-- (-t. ~oo,zoo . I S10J~~O .~, ~Qlne B8~"83 ~v~ G.:~~ goOZ/az/lO 10/15/2005 11:41 71 7-770-40133 DDSP XI PAGE 02 E 'd 1I6SS9EZ RY 9~:lt in~ SO-8Z~Nnr S. 1"KANDG~~: In fNrJtY y-.II', tho f.abet sbI11 have custQdy otthe Child 011 Tblabamaa Day hm 9:00 a.m. uMil t:oo ,.IIL and the Mother sba11 hive ClIStody !or ibI...-.. of1'hlaklFVUl,D.)'. . C.~ 1Il1\'W)',c'" thepaltl. ab.a1llqully llllrebPinlCUttOdy c.f'the Child aa ....IUDday. ne Mdtr...ll DD1ily...,... It lull 10 cIa)'l izlldYanoc . to wJdchhdtofBNter Sunday .hlall_ for t.period ot~y. D. AL11IPl.\tJNG HeLmA 'fS: 1'be period Qt cUltOdy 011 the alttmadua bolida)'l tIIIIll'Ull hill 9:00 a.m.. \lDU11:00 Jt... all IbI holida)'. 1be MOIbIr Iball bne ~ otthe Child _ M..n.l De)' .... ;r1&ly.... ill 200411I4 a. Father abaJI have ousbIy of tba Cblld Ofl LIbor Day bl2004 mel on Nt'II Y.. D8y m. 200'. l11ertl.l1W, the MDklhlUhaveclJltOdyofdl. Oald,m odd1l\llUa1l4,.,. .1\1ly4*"New Y.', DtJ ad ill twe ~'WI OIl Memorial Day -' Labor !)aI' - the ,Idler 1ba1l.... cuIocIy or.. ChId.. even ~ ytlrloe. July" _ New V.I IIId.la odd lII1IDbered YtII'I till Memorial D.y .. Labor Day. s. ~'5It'Y~"'~'S l~: II ~ yeU', 0. ModMrtbll haw CUltD4y ofb Cbil4 all Mok'l1)q I8d tllO'...,.a.u bPe custodyoflle Cbild oc F...... Day'" 9:00.... 1Idtil 1:00 p.m.. P. Am",,'. BIRTHDAY:n. pm:. au Iha baviq cuRDdy oftbc ChU4 011 his bildlday ..,.. ~by ~~. G. 1"he holiday CUItody .eWa1. thull ~ ud ilb pr8CedMlce OYer the replar c\lllNytcMdv~. . ~. DaliJta tbI ----1Chao1 breIk IICh ,.ar. tM F....dIaIi b, eadtIed to ha", wRJd.y Of the chilcl fOr ODe UIiDtcnuptJd week upo4 providiDa .1euc 30 datl.MD. rdiM to tIu ModIer. 1'be MotIMr DJ1 ~ bet IUDD. vlCttlOll tiD:lG .ch,. .. ta.lt ~ 1lOt ilddilre or ccmf1iat wilh tile ....'. NPIar ww.....1Io1iday or YIICItioD p~dI. : ~. 1bepctyreccMq cUody ofd. OUld:lbaU ht ~~. to ptOVide~ 1011118 achIq. otcuatod1. ' ., 7. NcitbIIr PlltYIh.n remove tile OUld tree:, W Co~ulth ofPeat&tylVIIU widaout ttvo cSqI prior uotice to the otMr pIrty me! th.: ClGIU*lt \~f the otbIIf pany. NIlthe pIS'tY JhaIl uarououbly ~Id m. or h. GOIJIIIlt UDder t1dI proYiliou, 111 u event titer. ia a diIp\ate u to emuallDd- this pra.ialon. .. J*'lY pIO .. or 1!ItcnlJh coume1 may contaot tile ClO1K1ililtot. if,*uIUY. to 1Chectu1e mldditionaI oUltad.y CD!lctlialtOD ~ to adcl NIl the iawJ. 8. fD .. ev.l eitbel' PIft7' imendI to !aIlCmi lIlc 0i141tom bit or lw rllidcnoe for ,m cwCllDitht period or b:IF, dlI& pllJty ...1 provide c!:lc ~s ~ telepmnenumbet to the other partY ill Idvaac. wbert the awe! c:a b, GODtIcrtocL 'If Goo/tOO tft Il't~jO IY' YG%nl .'G8'8~ ~Vj I.:~~ ~OOl/a!/IO 10/15/2005 11:41 71 7-770-4003 DDSP XI PAGE 03 ".. . r . t 'd 1>6~69tZ IV ,~:ll in1 ~o-eZ-Nnr 9. s.b pMty Ib&Il DQtity1he 01hIr party 0 r my ollacpl to htJ or .. addtIII lad telephoae ...... 011. 0Dpiq bMU. 10. In dMlevem U. No.... iDteadl ta rd.ec:ate the Child.". rMi4ence, die Math<< IbaI1 proWte .1_ 60 daysldvlDee doe to .. ,... to tlult .. pIItiM cm mate my uc"'ll)" a4jUItaI.CDtJ to the cutody IZrIqIIDIIltI by a,ptClM1t or with 1IJ. ...sWlDCltJr the lepl proce.. 11. fIl the..,. ..1*tY i. W2&\".1ib1e to prgvidc cue for .. ChU4 duriDa bia or'" ,.noct.I 01 euIod.Y. .. J*1'Y ahID o-.-Iba otblr pmy 10 ollir dial I*tY tM appcnauty 110 provide .., fiR tbe auJcl bdJre tOAt~.1IInIarId tbircl pIIty CD.VIII. Izl addUiom. th. plltiMIha11 diJcIIII_ ... _ tile ___ of~ pIEty ca....VIII m ....cv_ ndl care II DeOIIIII)'. The P..... dl. the Wok'. roonl~. Chris, ll\l)'pmvide CIIe for.. Child without the ''''15 picr~t 12. Nlitherpldylllalldo oray ~'lIdchmay"", tbo CJWclhm lILt otbcrplr:tllt, i.DjuN the apWOD old>> C1dJd . (II) 1t!e other pINIlt, or hamper the he IIUI DIIUrII ~t of the adJd'. low _.,..,. tot.. ok pmal. BodJ pIfti.Iball....... tld:nl,... ba'riD. COIltICt widldll CdId GOIIlply willi 1J:dI JlIVYi*& 13. ThiI 0iW it..-lld purIUIId 110 Ill....... of'tllI,.r&ieI at a C1IM04y CcDcjJiat101l ~. n.,.., 1III)"madlfydlt~; Gftblt On*by1DllWlJ ~t. fA tile ableoce of muIIIIJ co--. die... of t1dI CJrIW IhalI camrcll. ' BY THE COtJllT. .LL~d ~~.. J. cc: W'" D. MIaI8y. 8Iquin - COUIIIIl for MotbIr OriitopMt MIIdww JohDloD, 11th<< i "',,:;, ~,,: II-#( (, .1$,u1 9- 500/tO 0 II 833IJJO IV' vOlne .8S8.ez xV~ Lt:LL soot/8E/tO 10/15/2005 11:41 717-770-4003 DDSP XI PAGE 04 . \ ., '" ,,- F ~ 'd !lS~69EZ RV L~:tt !O~ ~O-S~-Hnr au.. Y QUA1tLl!S PIaiati1f IN THI cova:r OF .COMNON PLBAS OP CUMlERLANJ) COUNI'Y,l'!NNSYL V ANlA VI. 04-1813 CIVIL AC110N LAW CHlUITOPSEa MATTHEW 1OHf\lSON ~.. IN CUSTODY Prior ludp: j. Wtll'Yo.., h. CI1I'tQJIJ lnNCII.r~ft4)N'AtJMMJ..~Y g.pRT IN ACCOUANa wrrB CVMlEJlLUX) COVNrY RULE OJ' CJVlL PROCIDt1U 1915.3-1, 1be \IIdaIpd CutOdy l~...bmi1I tb8 tillmriDa NpOIt 1. Tbe ~ Pi..... ~ dl: Child who it 1M .jlCt of Itdf U11ptio.a i. .. ~1kMq; ~ 1'171* 1'" 0.111. ~'lJQI'-.m 'ebrury t 2000 ~Y~CUI~Yor MOCbIr 2. A C~ C..... wu MId OIl J'IIII I, 2004; .n1l die fc:lllo.nq iadiviclulll in ..-...: 11Ie Modw. ~ QurIet, wi. .. co'aMI. Wide D. WtD1'Y. BIIIUiN. mcl the Fadl<<. CImraph.. .......,.~ wID is DOt ~.MI4ICl1ty CO\lDIo1 iD dlil mau.. 3. The,........ to ..,. of IJI ems. in th Itna u ..... J..-,- _ ~ ;lA, " D* ~~.dt1 Daw:a S. SUDday, . . OlItody \ :oaciJl-.r 500/SU~ n:II.:'-:.o ,v, 1'OInl liS S8S l; XV~ a: u ~OOU8U'O i ".' '-' -~., I I . j ~. , ('..... I ;. "'" I .... ~ ! 1 ' 'I...) ..: (- -/ f . / / ./ ) I.{ -". ./ I \ t \ \ 'V . . .- - VERIFICATION I, Kelly Quarles, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE:~ ~ I"- ~ ~ ~ '- -- ~, ~ ...., "'? ...t:. ~ ~ ...... "'-> C; U\ d- ~. ,.", r-3 ~:::'~.;:) ,= ;......'... C-:! CJ ~.....-J. -J ~ ,- (~ .' ..."""", .~ ' KELL Y QUARLES, Plaintiff v. CHRISTOPHER MATTHEW JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 04-1883 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2006, upon consideration of Plaintiff's ex Parte Petitiou for Emergeucy Relief, a hearing is scheduled for Tuesday, October 24, 2006, at 3:15 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ~anne Harrison Clough, Esq.. 24 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff ~hristopher Matthew Johnson 594 Hillchurch Road Hummelstown, P A 17036 Defendant, pro Se :rc -- BY THE COURT, z -- Ylf\.J'\fA1ASNN3cl i INm:! nr~,I"'l\q81"'nl'\ IU I '~.J' _s.,;_ , .1,,1;..., '1 V S 2 :" WV S J 130 900l AHV10NOHIOCld 3Hl :IO 3813:10-0311:1 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KELLY QUARLES, Plaintiff CHRISTOPHER MATTHEW JOHNSON, Defendant NO. 04-1883 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 24th day of October, 2006, upon consideration of Plaintiff's petition for emergency relief with respect to custody, and pursuant to an agreement of the parties ln the persons of Defendant, Christopher Matthew Johnson, representing himself, and Kelly Quarles, represented by Hannah Herman-Snyder, Esquire, it is ordered and directed as follows: 1. Petitioner Kelly Quarles shall be granted primary physical custody of the minor child, Trysten Joseph Quarles, from Friday, October 27, at 9:00 o'clock a.m. through Sunday, October 29, 2006, at 9:00 o'clock p.m. Any periods of partial physical custody Respondent Christopher Matthew Johnson misses as a result of the entry of this order shall be made up during mother's custodial weekend of November 3, 2006, through November 5, 2006. By the Court, (j/c, J. esley Oler, I ilL! r., J. ~nnah Herman-Snyder, Esquire 200 North Hanover Street Carlisle, PA 17013 For the Plaintiff ~istopher Matthew Johnson Defendant Pro Se 594 Hillchurch Road Hummelstown, PA 17036 pcb '~?;nl""\ ~'1;: tv ~1 Z :b ['lid 9- Mm 900l J-.bVl.C - - -- riLE°0-0FFI KELLY QUARLP9, T E x r P R 0 T H ON i l' IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2 l? DEC 29 Pik 1: ?, MBERLAND C +t NO. 04-1883 OU"i V. PENNS 1 LVANIA, CHRISTOPHER MATTHEW JOHNSON, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER OF JUNE 15, 2004 AND NOW, this 23rd day of December, 2010, comes Petitioner, Kelly Quarles, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Petition for Modification of Custody of June 15, 2004 Order and in support thereof, avers as follows: 1. Petitioner Plaintiff Kelly Quarles is an adult individual who currently resides at 925 Brandywine Way, Mechanicsburg, Cumberland County, PA, 17050. She is the natural mother of the minor child, Trysten Quarles, born February 6, 2000. She resides with the minor child Tryten and her children Aliyah, Teygan and Tyler and her father Richard Quarels. 2. Respondent/Defendant Christopher Matthew Johnson is an adult individual who is believed to be currently residing at his girlfriend, Lisa Wertly, at 5131 Irene Drive, Hummelstown, Dauphin County, PA 17036. 3. On June 15, 2004, a Custody Order was entered by the Court of Common Pleas of Cumberland County, by agreement of the parties, after a Custody Conciliation Conference before Custody Conciliator Dawn S. Sunday. Said Order grants Petitioner 4yo.oo??L (2 W& an89 ?arasr? mother primary physical custody of the minor child, Trysten Joseph Quarles, born February 6, 2000 and grants Respondent father partial periods of physical custody and said Order granted the parties shared legal custody. 4. Since the entry of the June 15, 2004 Order there have been material and significant changes in circumstances warranting the reconsideration and modification of the June 15, 2004 Court Order which Petitioner believes is no longer in the best interest and permanent welfare of the parties' minor child as follows: a. Respondent father has been diagnosed with Bi-polar Disorder and/or Manic Depressive Disorder and in the past eighteen months has been determined to be totally disabled as a result of his mental illness by the Social Security Administration; b. Respondent father has recently been arrested for some type of domestic violence altercation at his girlfriend's residence and was removed from the residence by police and spent approximately 72 hours in Cumberland County Prison as a result of said altercation; c. Respondent father has returned to his girlfriend's home but it is believed and therefore averred that his domestic situation is unstable and that the minor child is or may be repeatedly subjected to domestic altercations at his father's residence; d. Respondent father has repeatedly failed to abide by the schedule for his periods of partial physical custody in the June 15, 2004 Court Order and rarely exercises full physical custodial time with the child during alternating weekends and tends to pick the child up a varying times for portions of his alternating weekend schedule making it very difficult for Petitioner mother and the child to schedule any meaningful activities when they never know what period of time father will bother to exercise his periods of partial physical custody; e. Father's behavior has become increasingly more and more erratic such that his own immediate family has ceased any and all contact and relationship with him as a direct result of his negative behavior and the effect of that behavior on their family units; f. Respondent father repeatedly fails to bring the child to his sporting activities for the child to make games for his team events and has failed to bring to the child for his team pictures during his periods of partial physical custody, all which are clearly not in the best interest or permanent welfare of the minor child. 5. Petitioner mother has not been able to have any meaningful positive co- parenting dialog with Respondent father and does not believe it is in the best interest and permanent welfare for Respondent father to have any legal custodial rights and requests that she be granted sole legal custody of the minor child and that she be empowered to make any and all parenting decisions concerning the health, safety, education and welfare of the minor child. WHERFORE, Petitioner/Plaintiff Kelly Quarels respectfully requests this Honorable Court immediately schedule a Custody Conciliation Conference and Custody Trial if necessary and that after said conference or hearing, the Court award her primary physical and legal custody of the minor child and modify Respondent father's periods of partial physical custody to be on alternating weekends from Saturday at 10:00 a.m. until Saturday at 5:00 p.m., and Sunday at 10:00 a.m. until Sunday at 5:00 p.m., provided if Respondent father seeks therapeutic counseling and the counselor determines said periods of custodial access are safe and appropriate for the minor child and that father be required to take the child to any of his scheduled sporting activities that occur during his periods of partial custody and grant any further relief it deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOUGH Dated: /Z 'o- V .,/t) By: panne Flamm Clough, Esquire Sup. Ct. I 36461 3820 Mar.Street Camp Hil'f, PA 17011 (717) 737-5890 Attorney for Kelly Quarles VERIFICATION I, Kelly Quarles, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE Kelly Qu les CERTIFICATE OF SERVICE I, Connie Lee Limric, Secretary to Joanne Harrison Clough, Esquire, hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Christopher Matthew Johnson 5231 Irene Drive Hummelstown, PA 17036 Dated: /P-'/ b Connie Lee Limric, Secretary to Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 KELLY QUARLES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-1883 CIVIL ACTION LAW CHRISTOPHER MATTHEW JOHNSON i cri _) ' IN CUSTODY .:- DEFENDANT ORDER OF COURT AND NOW, Wednesday, Janua ry 05, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February. 08, 2011 at 2:00 PM 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. 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/ Dawn S. Sunday, 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170:13 Telephone (717) 249-3166 KELLY QUARLES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-1883 CIVIL ACTION LAW c-D • ^ ' i:. am CHRISTOPHER MATTHEW JOHNSON ? ? ,? C " Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of I- 201 1, s upon consideration of the attached Custody Conciliation Report , it is ordered and directed as follows: 1. The prior Order of this Court dated June 15, 2004 shall continue in effect as modified by this Order. 2. In the event that the Child has an activity on the Father's weekend period of custody that begins before noon on Saturday, the Father shall pick up the Child at the activity on Saturday rather than Friday evening at 7:00 p.m. 3. The parties shall ensure that the Child attends his regularly scheduled activities during his or her period of custody. 4. Within two weeks of the date of the custody conciliation conference, the Father shall obtain documentation from Dr. Jeremy Walters that the Father is in compliance with his treatment recommendations. The Father shall provide future compliance documentation within two weeks of a written request therefor from the Mother or her counsel up to one time per quarter. 5. The Mother may make arrangements for the Child to participate in counseling with a professional which she selects. The parties shall cooperate in maximizing all insurance benefits available to cover the costs of the counseling. 6. Neither party shall use illegal drugs or controlled substances, except by prescription from a medical professional, during periods of custody with the Child and shall not have such drugs/substances in the residence or car. 7. The parties shall notify each other promptly of any change in his or her living arrangements. 8. The Mother shall notify the Father promptly upon enrolling the Child in any activities and shall provide the activity information and a contact person to enable the Father to obtain scheduling details directly from any coach or activity director. 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. cc: ?oanne Harrison Clough, Esquire - Counsel for Mother Christopher M. Johnson - Father ?Opiea Q? BY THE COURT, KELLY QUARLES VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2-1883 CIVIL ACTION LAW 004 CHRISTOPHER MATTHEW JOHNSON Defendant Prior Judge: J. Wesley Oler 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 Trysten J. Quarles February 6, 2000 Mother 2. A custody conciliation conference was held on February 8, 2011, with the following individuals in attendance: the Mother, Kelly Quarles, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Christopher M. Johnson, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Lan: Date Dawn S. Sunday, Esquire: Custody Conciliator