HomeMy WebLinkAbout02-1813 NMPAUL E. ZIONKOWSKI, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
PENNSYLVANIA
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TARA S. ZIONKOWSKI, ~~!°=' c~
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MOTION TO MODIFY CUSTODY ORDER/MOTION FOR CONTEMPT OF CUSTOD1fAflR8~ER
AND NOW, comes Defendant/Petitioner Tara S. Zionkowski, by and through her
attorney, Sheri D. Coover, Esquire and files the following MOTION TO MODIFY
CUSTODY/MOTION FOR CONTEMPT OF COURT ORDER and in support thereof avers as follows:
On or around November 7, 2002, the Honorable Judge Guido entered an Order
of Court which granted Father primary physical custody of Kelly Marie Zionkowski (DOB
10/8/1995) and granted Mother periods of partial custody of the minor child. (A true and
correct copy of the November 7, 2002 Order is hereby attached as Exhibit 1).1
2. That Order also stated that the parties were to share legal custody of the
children.
3. During the school year of 2009/2010, Kelly stayed with Defendant (hereinafter
referred to as Mother) because the Plaintiff (hereinafter referred to as Father) was staying with
friends after his separation until he found stable housing.
4. Both Mother and Father agreed to Kelly attending Lamberton Middle School
which is in the Carlisle Area School District while she stayed with her Mother.
1 The November 7, 2002 Custody Order also addresses custody of the parties' other children Christopher Matthew
Zionkowski (DOB 8/26/88) and Brad Steven Zionkowski (DOB 1/14/91). Bath of these children are over eighteen
years of age. This Motion only pertains to the custody of Kelly Marie Zionkowski.
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5. Kelly's grades while attending Lamberton Middle School were very good,
especially toward the end of the school year.
6. During her stay with Mother, Kelly saw Father at times that were mutually
agreeable to the parties.
7. Around the middle of August 2010 during one of her visits with father, Mother
received a telephone call from Kelly telling her that Father had enrolled Kelly in the Boiling
Springs School District and that Father had decided that Kelly was going to go to live with him.
8. Father did not speak to Mother about his decision to resume primary physical
custody of the child prior to having the child move back in with him.
9. Father did not speak to Mother about his decision to enroll the child in the
Boiling Springs School District prior to changing the child's school districts.
10. On or around September 25, 2010, while visiting Mother, Kelly tripped on the
sidewalk and injured her ankle.
11. Kelly called Father and expressed to him that she needed medical attention for
her ankle and requested her insurance information because Mother did not have it and Mother
wanted to take the child to the emergency room.
12. Father refused to give Mother the child's insurance information and told Mother
and the child to just put ice on her ankle instead of taking her for treatment.
13. father told the child that he had been drinking and that he was not intending to
go anywhere.
14. Despite Father's advice, Mother determined that the child was in need of
medical care and took the child to the Carlisle Hospital which diagnosed the child with having a
severe sprain and possible fracture of her left foot.
15. On or around September 26, 2010, when Father came to pick the child up from
Mother's home, Father became angry with the child and struck her across the face with his fist.
16. Mother reported the incident to the Pennsylvania State Police who talked to the
parties and talked the parties into allowing the child to stay with Mother for a couple of days
until the tempers subsided.
17. On or around Wednesday, September 29, 2010, Father showed up at Mother's
home and demanded the child return the cell phone that he had purchased for her.
18. At that time, the child told Father that she wanted to live with Mother and that
she did not want to stay with Father any more.
19. Mother and Father agreed to allow the child to stay with Mother until Sunday,
October 3, 2010.
20. Children and Youth have been notified of the allegations against Father of the
use of physical discipline and are currently investigating the incident.
21. The child has called Mother several times and each time expresses that she does
not feel safe with her Father and would like to return to live with Mother.
MOTION TO MODIFlf CUSTODY
22. Defendant/Petitioner incorporates paragraphs 1 through 21 above as contained
herein in their entirety.
23. Mother requests modification of the November 7, 2002 Custody Order for the
following reasons:
a). Mother and child share a strong bond which strengthened during the year that
the child stayed with Mother;
b). The child was doing well both academically and emotionally during the year that
she stayed in Mother's home;
c). The child developed friends and a strong bond with Lamberton Middle School
while attending there last year;
d). The child has expressed that she wants to live with Mother and that she liked
living in Mother's home;
e). The relationship between Father and the child is strained;
e). The child has expressed that she is fearful of Father;
f). The child has expressed that she does not feel safe in Father's home.
g). Mother can provide the child with a stable place to live and is able to meet the
child's needs.
24. Mother would like to modify the current custody Order to grant her primary
physical cus#ody of the minor child and to grant Father periods of partial custody of the child.
WHEREFORE, Mother respectfully requests that this Court grant her primary physical
custody of the minor child.
MOTION FOR CONTEMPT
25. Defendant/Petitioner incorporates paragraphs 1 through 24 above in their
entirety.
26. The current custody Order states that the parties are to share legal custody of
the minor child.
27. Mother claims that Father violated her right to shared legal custody in the
following ways:
a). Father refuses to allow Mother access to insurance information that he
maintains on the child.
b~. Father transferred the child's school district without seeking Mother's opinion
and without discussing his intention of transferring the child's school with Mother.
WHEREFORE, Mother respectfully requests that this Court:
A. Find Father in contempt of the November 7, 2002 Court Order regarding
shared legal custody;
B. Father be assessed a $500.00 penalty for contempt of the Court's
Custody Order pursuant to 23 Pa.C.S. § 4346;
C. Mother's Petition for Contempt of Court Order be addressed at a Hearing
before the Court;
D. The current Court Order be modified to grant Mother primary physical
custody and Father periods of partial custody;
E. Other relief that this Court determines to be just and proper.
She i D. Coover, Esquire
orneylD 93285
44 S. Hanover Street
Carlisle, PA 17013
PAUL E. ZIONKOWSKI, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CASE N0.2002-1813
TARA S. ZIONKOWSKI,
Defendant IN CUSTODY
VERIFICATION
i, Tara Zionkowski hereby certify that 1 have reviewed the statements contained in the
foregoing MOTION TO MODIFY CUSTODY ORDER/MOTION FOR CONTEMPT OF CUSTODY
ORDER and hereby verify that the statements contained therein are true and correct to the best
of my knowledge, information and belief. 1 understand that I can be subject to the penalties of
perjury, both civilly and criminally under federa{ and Pennsylvania law for any false statements
contained herein.
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TARA ZIONKOWS
PAUL E. ZIONKOWSKI,
Plaintiff
v.
TARA S. ZIONKOWSKI,
Defendant
CERTIFICATE OF SERVICE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CASE NO. 2002-1813
IN CUSTODY
1, Sheri D. Coover, Esquire hereby certify that on this ~~iay of October, 2010,1
caused the foregoing DEFENDANT'S MOTION TO MODIFY CUSTODY/MOTION FOR CONTEMPT
OF CUSTODY ORDER to be served upon Respondent's counsel via United States First Class mail
addressed as follows:
Marcus A. McKnight, III
Irwin & McKnight
60 W. Pomfret Street
Carlisle, PA 17013
miffed,
Sh ri D. Coover, Esquire
orney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
PAUL E. ZIONKOWSKI IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TARA S. ZIONKOWSKI
DEFENDANT
• 2002-1813 CIVIL ACTION LAW
• IN CUSTODY
ORDER OF COURT
AND NOW, Friday, October 08, 2010 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November I1, 2010 at 10:30 AM
for aPre-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 4$ hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ jacgueline M. Yerney, Esg.~
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 =~' "~ ~--~
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NOV 2 4 2010
PAUL E. ZIONKOWSKI, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/ Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-1813 CIVIL ACTION - LAW
TARA S. ZIONKOWSKI, : IN CUSTODY
Defendant/ Petitioner
ORDER OF COURT
AND NOW, this day of
, 2010, upon
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consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I. The prior Order of Court dated November 7, 2002 shall remain in full
force and effect with the following modifications and additions.
2. The parties shall cooperate with therapeutic family counseling. The
parties shall share equally any cost that Father's insurance does not pay for.
3. If counseling is effective, Mother will consider withdrawing her Petition
for Contempt.
4. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Conciliation Conference is scheduled for February 22, 2011 at 8:30 a.m.
BY T OURT,
Edward E. Guido, J.
cc: Sn D. Coover, Esquire, Counsel for Mother
/Marcus A. McKnight, III, Esquire, Counsel for Father
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PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-1813 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kelly Marie Zionkowski October 8, 1995 Father
2. A Conciliation Conference was held in this matter on November 23, 2010,
with the following in attendance: The Mother, Tara S. Zionkowski, with her counsel,
Sheri D. Coover, Esquire, and the Father, Paul E. Zionkowski, with his counsel, Marcus
A. McKnight, III, Esquire.
3. The Honorable Edward E. Guido entered an Order of Court dated
November 7, 2002 providing for shared legal custody, Father having primary physical
custody and Mother having alternating weekends.
4. The parties agreed to an Order in the form as attached.
Date acq ine M. Verney, Esquire lef
Custody Conciliator
3
PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-1813 CIVIL ACTION - LAW
IN CUSTODY
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ORDER OF COURT
of /G ; i 44A , 2011, upon
AND NOW, this a 3 day
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
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1. The prior Orders of Court dated November 7, 2002 and November 24,
2010 shall remain in full force and effect with the following modifications and additions.
2. The parties shall continue to cooperate with therapeutic family counseling.
The parties shall share equally any cost that Father's insurance does not pay for.
3. Mother shall have the following additional periods of physical custody:
Every Wednesday from after school to 7:00 p.m. During the week that Mother does not
have physical custody on the weekend, Mother shall have physical custody of the child
on Friday from after school to 8:00 p.m. Mother shall be responsible for all
transportation for these after school periods.
4. Mother's periods of physical custody on weekends shall run until 6:00
p.m. on Sunday.
5. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Conciliation Conference is scheduled for April 4, 2011 at 8:30 a.m.
BY THE URT,
Edward E. Guido, J.
cc: Sheri D. Coover, Esquire, Counsel for Mother
VMarcus A. McKnight, III, Esquire, Counsel for Father
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PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-1813 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kelly Marie Zionkowski October 8, 1995 Father
2. A Conciliation Conference was held in this matter on February 22, 2011,
with the following in attendance: The Mother, Tara S. Zionkowski, with her counsel,
Sheri D. Coover, Esquire, and the Father, Paul E. Zionkowski, with his counsel, Marcus
A. McKnight, III, Esquire.
3. The Honorable Edward E. Guido previously entered Orders of Court dated
November 7, 2002 and November 24, 2010 providing for shared legal custody, Father
having primary physical custody, Mother having alternating weekends and family
therapeutic counseling.
4. The parties agreed to an Order in the form as attached.
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Date ac line M. Verney, Esquire
Custody Conciliator
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PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
. 2002-1813 CIVIL ACTION - j
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AND NOW, this =day of Aytj---., 2011, u
consideration of the attached Custody Conciliati
follows: on Report, it is ordered and dipre ted as
1. The prior Orders of Court dated November 7, 2002, November 24, 2010
and February 23, 2011 shall remain in full force and effect with the following addition.
2. Beginning the first Friday after school recesses, the parties shall share
physical custody of the child for the summer on a 2-week on/2-week off schedule.
Mother shall have physical custody for the first 2-week period. Friday shall be the
exchange day at a time as agreed by the parties.
3. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Conciliation Conference is scheduled for July 12, 2011 at 8:30 a.m.
BY T OURT,
Edward E. Guido,
J.
cc: Sheri D. Coover, Esquire, Counsel for Mother
Marcus A. McKnight, III, Esquire, Counsel for Father
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PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-1813 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kelly Marie Zionkowski October 8, 1995 Father
2. A Conciliation Conference was held in this matter on April 4, 2011, with
the following in attendance: The Mother, Tara S. Zionkowski, with her counsel, Sheri D.
Coover, Esquire, and the Father, Paul E. Zionkowski, with his counsel, Marcus A.
McKnight, III, Esquire.
3. The Honorable Edward E. Guido previously entered Orders of Court dated
November 7, 2002, November 24, 2010, and February 23, 2011 providing for shared
legal custody, Father having primary physical custody, Mother having alternating
weekends, a few evenings during the week and family therapeutic counseling.
4. The parties agreed to an Order in the form as attached.
Date
acq ine M. Verney, Esquire
Custody Conciliator
3
PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 2002-1813 CIVIL ACTION - LAWS:
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IN CUSTODY ?=
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ORDER OF COURT 5::
AND NOW, this day of , 2011, upon
consideration of the attached Custody Conc iatio RePort, it is ordered and directed as
follows:
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1. The prior Orders of Court dated November 7, 2002, November 24, 2010,
February 23, 2011 and April 5, 2011 are hereby vacated.
2. The Father, Paul E. Zionkowski and the Mother, Tara S. Zionkowski, shall
have shared legal custody of Kelly Marie Zionkowski, born October 8, 1995. 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. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to medical, dental, religious or school
records, the residence address of the child and the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make
the records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in all educational and medical/treatment planning meetings
and evaluations with regard to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher or authority and copies of any
reports given to them as parents including, but not limited to: medical records, birth
certificates, school or educational attendance records or report cards. Additionally, each
parent shall be entitled to receive copies of any notices which come from school with
regard to school pictures, extracurricular activities, children's parties, musical
presentations, back-to-school nights, and the like.
3. For the continuation of the summer of 2011, the parties shall share
physical custody of the child on a two week on/two week off basis. The exchange day
shall be Friday.
4. During the school year, Mother shall have primary physical custody of the
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child.
5. During the school year, Father shall have physical custody of the child on
alternating weekends beginning the first weekend after school starts from Friday at 6:00
p.m. to Sunday at 6:00 p.m.
6. During the summer of 2012 and succeeding summers, the parties shall
share physical custody on a week on/week off basis with Friday as the exchange day.
7. The following holiday schedule shall be in effect:
A. Father's Day/Mother's Day: Father shall have physical custody of the
child on Father's Day; Mother shall have physical custody of the child on
Mother's Day, both at times agreed by the parties.
B. Thanksgiving: the parties shall alternate the Thanksgiving holiday.
Mother shall have physical custody of the child in even numbered years.
Father shall have physical custody of the child in odd numbered years,
both at times agreed by the parties.
C. Christmas: The Christmas holiday shall be divided into two Blocks.
Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at
12:00 noon. Block B shall be from Christmas Day at 12:00 noon to
December 26 at 12:00 noon. Mother shall have Block A in even
numbered years and Block B in odd numbered years. Father shall have
Block A in odd numbered years and Block B in even numbered years.
8. 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 ,
Edward E. Guido, J.
cc: Sheri D. Coover, Esquire, Counsel for Mother
? Marcus A. McKnight, 111, Esquire, Counsel for Father PPS
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PAUL E. ZIONKOWSKI,
Plaintiff/ Respondent
V.
TARA S. ZIONKOWSKI,
Defendant/ Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-1813 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kelly Marie Zionkowski October 8, 1995 Father/shared for the summer
2. A Conciliation Conference was held in this matter on July 12, 2011, with
the following in attendance: The Mother, Tara S. Zionkowski, with her counsel, Sheri D.
Coover, Esquire, and the Father, Paul E. Zionkowski, with his counsel, Marcus A.
McKnight, III, Esquire.
3. The Honorable Edward E. Guido previously entered Orders of Court dated
November 7, 2002, November 24, 2010, February 23, 2011 and April 5, 2011 providing
for shared legal custody, Father having primary physical custody, Mother having
alternating weekends, and the parties sharing custody for the summer.
4. The parties agreed to an Order in the form as attached.
7-i?z-ll
Date
cq ine M. Verney, Esquire
Custody Conciliator