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HomeMy WebLinkAbout05-2541IF TIMOTHY M. McQUISTON, Plaintiff VS. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Timothy M. McQuiston, residing at 28 Betty Nelson Court, Carlisle, Pennsylvania 17013. 2. The Defendant is Theresa L. Nastelli, residing at 242 McKnight Street Carlisle, Pennsylvania 17013. 3. The Plaintiff seeks custody of the following children, Cody Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1996. 4. The children were born out of wedlock. Cody Merritt is currently in the custody of his Father, Timothy M. McQuiston who resides at 28 Betty Nelson Court, Carlisle, Pennsylvania and Katelyn Marie McQuiston currently resides with her Mother, Theresa L. Nastelli who resides at 242 McKnight Street, Carlisle, Pennsylvania 17013. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS.AT•LAW 26 W. High Street Carlisle, PA During the past five years, the children have resided with the following persons and at the following addresses: Name Address From/To Timothy M. McQuiston 28 Betty Nelson Court, Birth to April 6, 2005. And Theresa L. Nastelli Carlisle Pennsylvania Theresa L. Nastelli 242 McKnight Street, Katelyn M. McQuiston Kim Bowermaster and Carlisle, Pennsylvania April 6 2005 to present Maternal grandfather Timothy M. McQuiston 28 Betty Nelson Court Cody M. McQuiston 2005 t il 6 Carlisle, Pennsylvania o , Apr resent r The mother of the children is Theresa L. Nastelli, currently residing at 242 McKnight Street, Carlisle, Pennsylvania. She is single. The father of the children is Timothy M. McQuiston, currently residing at 28 Betty Nelson Court, Carlisle, Pennsylvania. He is single. 5. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following person(s): No other person, except for the child. Cody M. McQuiston 6. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following person(s): Kim Bowermaster and the maternal grandfather and the child Katelyn M. McQuiston. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 8. The Plaintiff has no information of a custody proceeding SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA concerning the children pending in a court of the Commonwealth. 9. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child Cody M. I McQuiston will be served by granting the relief requested because: a) The Parties can best provide for the educational continuity of the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff prays this Honorable Court to grant primary physical custody of Cody M. McQuiston to the Plaintiff and primary physical custody of Katelyn M. McQuiston to Defendant. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT•LAW 26 W. High Street Carlisle, PA By: Carol J. Li ds ID #44693 26 West HigleStreet Carlisle, PA 17013 (717) 243-6222 r r VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 2//1. z 6 Timothy M. cQuiston, Plaintiff Date: !i -1-1 - 0 S SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA r? ?? CJ c-? `r1 (J? ? r? ? Q Ls ,0::$ TIMOTHY M. McQUISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 05-1;?svj CIVIL TERM THERESA L. NASTELLI, : Defendant : IN CUSTODY ACCEPTANCE OF SERVICE I accept service of the COMPLAINT IN CUSTODY in the above-captioned matter. 5 - I ? - O S , ; h,Pd,P? (1( ICI LLC)?1.?iL1 Date Theresa L. Nastelli, Defendant r TIMOTHY M. McQUISTON, Plaintiff VS THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 a5`6 CIVIL TERM IN CUSTODY STIPULATION OF CUSTODY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA This Stipulation is made this _- day of 2005 by and between Timothy M. McQuiston of 28 Betty Nelson Court, isle, Pennsylvania 17013 hereinafter Father and Theresa L. Nastelli of 242 McKnight Street, Carlisle, Pennsylvania hereinafter Mother. The parties hereto agree as follows: 1. They are the Cody Merritt McQuiston born January 27, 1995 and Katelyn Marie McQuiston born October 17, 1996. 2. The parties shall share legal custody of their children. 3. Father shall have primary physical custody of Cody Merritt McQuiston and Mother shall have primary physical custody of Katelyn Marie McQuiston. The parties will alternate physical custody of the children each weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. Additionally, Father shall have custody of the children every Wednesday evening from 5:00 p.m. until 8:00 p.m. 4. The parties will share or alternate custody of the children on the following holidays: a. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment 8 in even numbered years. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA b. Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. c. New Years Day: In even numbered years, the Father shall have custody of the children 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 children 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 Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. e. Memorial Day/July 4''/Labor Day: In odd numbered years the Father shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody of the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 and Father shall have custody over the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. f. Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 is on different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. g. Mother's Day/Father's Day: Mother shall have custody of the children every year on Mother's Day and Father shall have custody of the children every year on Father's Day at a time to be arranged on the agreement of the parties. h. The holiday schedule shall supersede and take precedence over the regular custody schedule. 5. During the summer school break each year, Father shall have custody of the children for 21 days for vacation upon providing two weeks advance notice to Mother. However Father's periods of custody under this provision shall not be scheduled to exceed 7 consecutive days. Father's periods of custody under this provision shall be in addition to his regular alternating weekend periods of custody. Mother shall provide at least two weeks advance notice to Father of any vacation plans for the children so that Father can schedule his periods of custody under this provision accordingly. 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 residences unless the parties SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA agree otherwise. 7. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. 8. In the event that either party intends to remove the children 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 children can be contacted. 9. Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that all third parties having contact with the children shall comply with this provision. The parties agree that the children will never be left without parental supervision in the presence of a person with a criminal record. 10. The parties intend that the terms of this stipulation be entered as an order of court. Witnesses: Timothy . McQuiston, Plaintiff Theresa L. Nastelli, Defendant SAIDIS SHUFR FLOWER & LINDSAY ATPORNEYS-AT•LAW 26 W. High Street Carlisle, PA RECEIVED MAY 18 2005, TIMOTHY M. MCQUISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION • LAW : NO. CS-.2f CIVIL TERM THERESA L. NASTELLI, Defendant IN CUSTODY ORDER OF COURT NOW, this r.7-V day of , 2005, upon consideration of the within Stipulation of Custody, the terms thereof are hereby made an Order of Court. By the Court, J. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNCYS•AT•LAW 26 W. High street Carlisle, PA 5 Oh ??.b :? a .?:i G" ? ",` i, ? :.::? ,?_ _ TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Theresa Nastelli, who resides at 242 McKnight Street, Carlisle, Pa 17013. 2. Respondent is Timothy M. McQuiston, who resides at 28 Betty Nelson Court, Carlisle, Pa 17013. 3. On May 17, 2005 a Complaint for Custody and Stipulation of Custody was filed stating "Father shall have primary physical custody of Cody Merritt McQuiston and Mother shall have primary physical custody of Katelyn Marie McQuiston." 4. Since the entry of said Stipulation, there has been a significant change in circumstances in that: a. As of October, 2005, Petitioner has performed the primary parental responsibilities for Cody M. McQuiston, since Respondent left Petitioner's residence, leaving the child in Petitioner's care. Petitioner is best able to provide the care and nurture which the child needs for healthy development. C. Petitioner desires to maintain family household which has been established, and the continued stability of the household is in the best interest of the child. 5. The best interest of the children will be served by the Court in modifying said Stipulation. WHEREFORE, Petitioner prays this Court to grant the modification of the Stipulation of Custody, and Order as follows: Petitioner shall have primary physical custody of child, Cody M. McQuiston. Date: Respectfully submitted, Rominger, Bayley & Whare i? Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 117013 Supreme Court I.D. No. 93334 VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: b D (P LCD Michael O. Palermo, Yr., Esquire Attorney for Defendant TIMOTHY M. McQUISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM THERESA L. NASTELLI, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant/Petitioner, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Timothy McQuiston 28 Betty Nelson Court Carlisle, Pa 17013 Dated: /(y/? 6 Respectfully submitted, ROMINGER, BAYLEY & WHARE Michael O. Palerm , Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant/Petitioner TIMOTHY M. McQU)STON, Plaintiff VS. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY STIPULATION OF CUSTODY This Stipulation is made this ; i day of 2005 by and between Timothy M. McQuiston of 28 Betty Nelson Court, Carli le, Pennsylvania 17013 hereinafter Father and Theresa L. Nastelli of 242 McKnight Street, Carlisle, Pennsylvania hereinafter Mother. The parties hereto agree as follows: SAIDIS SHUFF, FLOWER & LINDSAY ATTORNVS•AT•LAW 26 W. High Street Carlisle, PA 1. They are the Cody Merritt McQuiston born January 27, 1995 and Katelyn Marie McQuiston born October 17, 1997. 2. The parties shall share legal custody of their children. 3. Father shall have primary physical custody of Cody Merritt McQuiston and Mother shall have primary physical custody of Katelyn Marie McQuiston. The parties will alternate physical custody of the children each weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m. Additionally, Father shall have custody of the children every Wednesday evening from 5:00 p.m. until 8:00 p.m. 4. The parties will share or alternate custody of the children on the following holidays: a. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. b. Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. c. New Years Day: In even numbered years, the Father shall have custody of the children 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 children 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. SAIDIS SHUFF, FLOWER & LINDSAY Atio YPAPLAW 26 W. High Street Carlisle, PA d. Easter: The Easter holiday shall run from Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. e. Memorial Day/July 4th/Labor Day: In odd numbered years the Father shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody of the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 and Father shall have custody over the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. f. Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 is on SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. g. Mother's Day/Father's Day: Mother shall have custody of the children every year on Mother's Day and Father shall have custody of the children every year on Father's Day at a time to be arranged on the agreement of the parties. h. The holiday schedule shall supersede and take precedence over the regular custody schedule. 5. During the summer school break each year, Father shall have custody of the children for 21 days for vacation upon providing two weeks advance notice to Mother. However Father's periods of custody under this provision shall not be scheduled to exceed 7 consecutive days. Father's periods of custody under this provision shall be in addition to his regular alternating weekend periods of custody. Mother shall provide at least two weeks advance notice to Father of any vacation plans for the children so that Father can schedule his periods of custody under this provision accordingly. 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 residences unless the parties agree otherwise. 7. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. 8. In the event that either party intends to remove the children 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 children can be contacted. 9. Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that all third parties having contact with the children shall comply with this provision. The parties agree that the children will never be left without parental supervision in the presence of a person with a criminal record. 90. The parties intend that the terms of this stipulation be entered as an order of court, Witnesses: Q t, Timothy . WQulston, Plaintiff Theresa L. Nastelli, Defendant SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA W *W V c r^ > ri r .. Gn ?i TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2541 CIVIL ACTION LAW THERESA L. NASTELLI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Tuesday, January l0, 2006 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4tb Floor Cumberland County Courthouse, Carlisle on Friday, February 03, 2006 _ at 9:30 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 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. 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/ Hubert X. Gilro's9•L? 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 schedulec 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 Ile ?zT 'I l { 1 ?;Z vt 1 5 TIMOTHY M. MCQUISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW THERESA L. NASTELLI, NO. 05-2541 Defendant IN CUSTODY COURT ORDER AND NOW, this P411A day of February, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. of the Cumberland County Courthouse on the .3b day of } AAeA,12006 at q' W.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel at the hearing, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, it is directed that the prior Custody Orders entered in this case are vacated and replaced with the following temporary Order: A. The father, Timothy M. McQuiston, and the mother, Theresa L. Nastelli, shall enjoy shared legal custody of Codi Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. B. The mother shall enjoy primary physical custody of the minor children and the children shall remain in the Big Spring School District. C. The father shall enjoy periods of temporary physical custody of the minor children on alternating weekends from Friday evening until Sunday evening and at such other times as agreed upon by the parties. D. The Order set forth above is a temporary Order pending a permanent Order that will be set after the hearing in this case. The temporary Order set forth above does not prejudice either party from advancing a different position relative to custody at the hearing. BY THE COURT, ?- Judge cc: Michael O. Palermo, Esquire Timothy M. McQuiston /?<i? ,cd .2 - ?Y C 6 9 1) Irc; J ' ? i ',1 j, TIMOTHY M. MCQUISTON, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW THERESA L. NASTELLI, Defendant Prior Judge: NO. 05-2541 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Codi Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. 2. A Conciliation Conference was held on February 3, 2006, with the following individuals in attendance: The mother, Theresa L. Nastelli, with her counsel, Michael O. Palermo, Esquire and the father, Timothy M. McQuiston, who appeared without counsel. 3. The parties were separated in May of last year at which time they did a Custody Stipulation which provided for the minor child Cody being in the primary custody of the dad and the minor child Katelyn being in the primary custody of the mom. The parties then reconciled in September of 2005, and again separated in October of 2005 at which time father left the residence and moved to Enola. The two children remained with the mother at that time within the Big Spring School District. Since that time, the children have continued to reside with the mother. Of late, father is exercising custody on the weekends including overnight. 4. At the Conciliation, mother is seeking an Order to modify the prior Custody Stipulation from May of 2005 because she suggests that she has in fact had custody of the minor children since at least October. Father suggests that now at least the older boy is indicating to dad that he wants to go to live with father on a primary basis. Mother is unwilling to split the children at this point. The parties are unable to reach an agreement and a hearing is required. 5. The Conciliator recommends an Order in the form as attached. a A6 DATE Hubert X. Gilroy, quire Custody Concilia r Timothy M McQuiston, Plaintiff V. Theresa L Nastelli, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law No: 05-2541 In Custody COURT ORDER AND NOW, this Vk41 day of March, 2006, upon consideration of Plaintiff's request to reschedule the hearing presently scheduled for March 30, 2006, 9 a.m., and agreement of Defendant's counsel to such rescheduling, it is ordered and directed as follows: 1. The hearing is scheduled in Court Room Number 5 of the Cumberland County Courthouse on the 12'h day of April, 2006, 9:30.a.m. 2. All other directives set forth in the February 14, 2006, Court Order shall remain in full force and effect. BY THE COURT, ?k i U n? I \/ . Judge cc: Cchael O Palermo Esquire - Defendant's cc ?mes A Miller, Esquire - Plaintiff's counsel 'V I O6 6 0:Z 1 !? J II ii':'E °i731 TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN RE: CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, April 11, 2006, after hearing in the above-captioned matter, it is hereby ordered and directed that the child, Cody, continue in the counseling he is now receiving at the Stevens Center. Additionally, it is hereby ordered and directed that the parties will submit proposed Findings of Fact and Conclusions of Law, along with a proposed custody order which addresses all holidays and summer vacation, on or before the close of business on April 21, 2006. By the Court, M. L. Ebert, Jr., J. ,./ames A. Miller, Esquire For the Plaintiff ,Psor Palermo, Esquire{ . a For the e Defendant )`?`9?' :mtf ?? Y oa\3.6 n`f ? i, ?'? t. '.; I,? / ._ .. ? .. 4. ?t 1 ?, ? I- A TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05- as?fl : X648-&VIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 28th day of April, 2006, after a hearing, IT IS ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children Cody Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of 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 children. 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 records, 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. 2. Physical custody. A. Primary physical custody. (i) The Father shall have primary physical custody of the Cody Merritt McQuiston beginning June 9, 2006. (ii) The Mother shall have primary physical custody of Katelyn Marie McQuiston. (iii) Each parent shall have custody of both children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. This alternating schedule will begin on June 9, 2006 with the Father having both children that weekend. (iv) In addition to alternating weekends each parent shall have custody of both children on alternating Wednesday evenings from 5:00 p.m. until 8:00 p.m. This alternating schedule will begin on June 14, 2006 with the Mother having both children that evening. (v) Cody Merritt McQuiston will remain in school in the Big Spring School District for the remainder of the 2005-2006 school year which is scheduled to end on June 8, 2006. At that time, the Father may enroll the child in the East Pennsboro School District for the 2006-2007 school year. B. Father's Wedding. The Father shall have custody of both children from 6:00 p.m. Thursday, June 22, 2006 until 6:00 p.m. on Sunday, June 25, 2006 in order to allow the children to be present at his wedding activities. C. Summer School Break. Each parent shall be entitled to custody of both children during one uninterrupted two week period in the summer provided that they each give the other party 30 days notice of exercising this provision. The period of custody under this provision may be scheduled consecutively or non-consecutively as long as the vacation period of custody does not interfere with the other parties' regular weekend period of custody of both children. This summer vacation provision will supersede the alternating Wednesday custody period of both children. D. Holidays. (i) Christmas - The Christmas holiday shall be divided into Segment A which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. (ii) Thanksgiving - In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. (iii) New Years Day - In even numbered years, the Father shall have custody of the children 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 children on New Years Eve after work 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. (iv) Easter - The Easter holiday shall run from Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the u children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (v) Memorial Day/July 4`h/ Labor Day - In odd numbered years the Father shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody during the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day Weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Father shall have custody during Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. (vi) Halloween trick or treat night - Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children for trick or treat night in odd numbered years at times to be arranged by agreement of the parties. If each party's community scheduled trick or treat night is on different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. (vii) Mother's/Father's Day - The Mother shall have custody of the children every Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have custody of the children every year on Father's Day from 9:00 a.m. until 8:00 p.m. (viii) The holiday custody schedule shall supersede and take precedence over the regular custody schedule. The parents may alter this holiday schedule upon their mutual agreement. 3. Miscellaneous Provisions. A. Transportation. Transportation shall be shared such that the party relinquishing custody shall transport unless otherwise agreed. Exchanges of custody shall take place at the respective residences unless the parties agree otherwise. B. Telephone Contact. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. C. Removal from Residence. In the event that either party intends to remove the children 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 children can be contacted. D. Nonalienation. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. By the Court, M. L. Ebert, Jr., J. games A. Miller, Esquire Attorney for Plaintiff , AMichael Palermo, Esquire Attorney for Defendant bas ba, f '. ..?,, ? ) TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 05-2541 CIVIL TERM IN CUSTODY MOTION FOR RECONSIDERATION AND NOW, comes Defendant, Theresa L. Nastelli, by and through her counsel, Michael 0. Palermo, Jr., Esquire and in support of her Motion for Reconsideration avers as follows: 1. There was a custody trial held on April 12, 2006, in front of the Honorable M.L. Ebert, Jr. 2. The Honorable Judge Ebert entered an Order of Court on April 28, 2006. Attached as Exhibit "A". 3. Your Petitioner respectfully disagrees with the terms and conditions of the Order of April 28, 2006, in regards to the minor child, Cody Merritt McQuiston, insomuchas primary physical custody should be awarded to Petitioner as it is in the best interests of the minor child. 4. Petitioner is better equipped to handle the physical and mental needs of the minor child, Cody Merritt McQuiston. 5. Petitioner believes and therefore avers that removing the minor child, Cody Merritt McQuiston from the Big Spring School District would be detrimental to his mental health and well being. WHEREFORE, your petitioner respectfully requests that this Honorable Court reconsider its' Order in the case and if needed schedule a hearing on the matter. Date: .5- l `` O Respectfully submitted, ROMINGER & W RARE Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 05-2541 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Custody Memorandum upon the following by fax and first class mail postage paid at Carlisle, Pennsylvania addressed as follows: The Honorable M.L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Timothy McQuiston c/o James A. Miller, Esquire 2157 Market Street Camp Hill, Pa 17011 Dated: S Ik M erm , Jr., Esquire // ?f ?? VPJ L?4 TIMOTHY M. MCQUISTON PLAINTIFF THERESA L. NASTELLI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 28th day of April, 2006, after a hearing, IT IS ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children Cody Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of 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 children. 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 records, 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. 2. Physical custody. A. Primary Physical custody. (i) The Father shall have primary physical custody of the Cody Merritt McQuiston beginning June 9, 2006. (ii) The Mother shall have primary physical custody of Katelyn Marie McQuiston. (iii) Each parent shall have custody of both children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. This alternating schedule will begin on June 9, 2006 with the Father having both children that weekend. (iv) In addition to alternating weekends each parent shall have custody of both children on alternating Wednesday evenings from 5:00 p.m. until 8:00 p.m. This alternating schedule will begin on June 14, 2006 with the Mother having both children that evening. (v) Cody Merritt McQuiston will remain in school in the Big Spring School District for the remainder of the 2005-2006 school year which is scheduled to end on June 8, 2006. At that time, the Father may enroll the child in the East Pennsboro School District for the 2006-2007 school year. B. Father's Wedding. The Father shall have custody of both children from 6:00 p.m. Thursday, June 22, 2006 until 6:00 p.m. on Sunday, June 25, 2006 in order to allow the children to be present at his wedding activities. C. Summer School Break. Each parent shall be entitled to custody of both children during one uninterrupted two week period in the summer provided that they each give the other party 30 days notice of exercising this provision. The period of custody under this provision may be scheduled consecutively or non-consecutively as long as the vacation period of custody does not interfere with the other parties' regular weekend period of custody of both children. This summer vacation provision will supersede the alternating Wednesday custody period of both children. D. Holidavs. (i) Christmas - The Christmas holiday shall be divided into Segment A which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. (ii) Thanksgiving - In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. (iii) New Years Day - In even numbered years, the Father shall have custody of the children 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 children on New Years Eve after work 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. (iv) Easter - The Easter holiday shall run from Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (v) Memorial Day/July 4th/ Labor Day - In odd numbered years the Father shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody during the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day Weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Father shall have custody during Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. (vi) Halloween trick or treat night - Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children for trick or treat night in odd numbered years at times to be arranged by agreement of the parties. If each party's community scheduled trick or treat night is on different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. (vii) Mother's/Father's Day - The Mother shall have custody of the children every Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have custody of the children every year on Father's Day from 9:00 a.m. until 8:00 p.m. (viii) The holiday custody schedule shall supersede and take precedence over the regular custody schedule. The parents may alter this holiday schedule upon their mutual agreement. 3. Miscellaneous Provisions. A. Transportation. Transportation shall be shared such that the party relinquishing custody shall transport unless otherwise agreed. Exchanges of custody shall take place at the respective residences unless the parties agree otherwise. B. Telephone Contact. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. C. Removal from Residence. In the event that either party intends to remove the children 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 children can be contacted. D. Nonalienation. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. By the Court, Sk -? 41-A \ /, M. L. Ebert, Jr., J. James A. Miller, Esquire Attorney for Plaintiff Michael Palermo, Esquire Attorney for Defendant bas . ioA )l7to" and arlisle, Pa. Thi. r o, i on n r.' x. TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 04-5e" CIVIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 23ro day of May, 2006, upon consideration of the Defendant's Motion for Reconsideration, IT IS HEREBY ORDERED AND DIRECTED that the Motion is DENIED and the previous Order of Court dated April 28, 2006 remains in full effect. By the Court, ,\\?x -?, ?AA- M. L. Ebert, Jr., J. tAes A. Miller, Esquire Attorney for Plaintiff , 4ichael Palermo, Esquire Attorney for Defendant bas l _ ao 0 4iM '' AtiV'l;?i vs j-Wi 3Hl 3Q lei : C-lu TIMOTHY M. McQUISTON, Plaintiff v. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM IN CUSTODY NOTICE OF APPEAL NOTICE IS HEREBY given that Theresa L. Nastelli, Defendant, hereby hereby appeal to the Superior Court of Pennsylvania from the Order entered on April 28, 2006, in the above- captioned matter. This judgment has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, ROAMGER & WHARE Date: Nava 7ql-- /,+- Michael O. Palermo Jr`., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant P TIMOTHY M. McQUISTON, Plaintiff A. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the within NOTICE OF APPEAL was served upon the following individuals on the below date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows: James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Respectfully submitted, ROMINGER & WHARE Date: D [gu Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant 1 4. TIMOTHY M. McQUISTON, Plaintiff Vii. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO: 05-2541 CIVIL TERM IN CUSTODY REQUEST FOR TRANSCRIPT A Notice of an Appeal having been filed in this matter, the Official Court Reporter is hereby Ordered to produce, certify, and file the transcript in this matter conforming with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Respectfully submitted, ROMINGER & WHARF Date: Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Defendant L/ --ro Ul-, bi AD/ TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 28th day of April, 2006, after a hearing, IT IS ORDERED AND DIRECTED that: • 41% 1. Legal Ccstodv: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children Cody Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of 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 children. 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 records, 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. 2. Physical custody. A. Primary physical custody. (i) The Father shall have primary physical custody of the Cody Merritt McQuiston beginning June 9, 2006. (ii) The Mother shall have primary physical custody of Katelyn Marie McQuiston. (iii) Each parent shall have custody of both children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. This alternating schedule will begin on June 9, 2006 with the Father having both children that weekend. (iv) In addition to alternating weekends each parent shall have custody of both children on alternating Wednesday evenings from 5:00 p.m. until 8:00 p.m. This alternating schedule will begin on June 14, 2006 with the Mother having both children that evening. (v) Cody Merritt McQuiston will remain in school in the Big Spring School District for the remainder of the 2005-2006 school year which is scheduled to end on June 8, 2006. At that time, the Father may enroll the child in the East Pennsboro School District for the 2006-2007 school year. B. Father's Wedding. The Father shall have custody of both children from 6:00 p.m. Thursday, June 22, 2006 until 6:00 p.m. on Sunday, June 25, 2006 in order to allow the children to be present at his wedding activities. C. Summer School Break. Each parent shall be entitled to custody of both children during one uninterrupted two week period in the summer provided that they each give the other party 30 days notice of exercising this provision. The period of custody under this provision may be scheduled consecutively or non-consecutively as long as the vacation period of custody does not interfere with the other parties' regular weekend period of custody of both children. This summer vacation provision will supersede the alternating Wednesday custody period of both children. D. Holidays. (i) Christmas - The Christmas holiday shall be divided into Segment A which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. (ii) Thanksgiving - In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 P.M. (iii) New Years Day - In even numbered years, the Father shall have custody of the children 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 children on New Years Eve after work 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. (iv) Easter - The Easter holiday shall run from Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (v) Memorial Day/July 4t"/ Labor Day - In odd numbered years the Father shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody during the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day Weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Father shall have custody during Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. (vi) Halloween trick or treat night - Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children for trick or treat night in odd numbered years at times to be arranged by agreement of the parties. If each party's community scheduled trick or treat night is on different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. (vii) Mother's/Father's Day - The Mother shall have custody of the children every Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have custody of the children every year on Father's Day from 9:00 a.m. until 8:00 p.m. (viii) The holiday custody schedule shall supersede and take precedence over the regular custody schedule. The parents may alter this holiday schedule upon their mutual agreement. 3. Miscellaneous Provisions. A. Transportation. Transportation shall be shared such that the party relinquishing custody shall transport unless otherwise agreed. Exchanges of custody shall take place at the respective residences unless the parties agree otherwise. B. Telephone Contact. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. C. Removal from Residence. In the event that either party intends to remove the children 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 children can be contacted. D. Nonalienation. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. By the Court, M. L. Ebert, Jr., J. James A. Miller, Esquire Attorney for Plaintiff Michael Palermo, Esquire Attorney for Defendant bas CQ?"- U\? 13151905262006 Cumberland County Prothonotary's Office PYS5-10 Civil Case Print 2005-02541 MCQUISTON TIMOTHY M (vs) NASTELLI THERESA L Reference No..: Case Type.....: COMPLAINT - CUSTODY Judgment...... .00 Judge Assigned: EBERT M L JR Disposed Desc.: ------------ Case Comments ------------- Page 1 Filed......... 5/17/2005 Time.......... 2:06 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info MCQUISTON TIMOTHY M PLAINTIFF LINDSAY CAROL J 28 BETTY NELSON COURT CARLISLE PA 17013 NASTELLI THERESA L DEFENDANT 242 MCKNIGHT STREET CARLISLE PA 17013 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 5/17/2005 COMPLAINT - CUSTODY ------------------------------------------------------------------- 5/17/2005 ACCEPTANCE OF SERVICE - COMPLAINT CUSTODY - THERESA NASTELLI ------------------------------------------------------------------- 5/17/2005 STIPULATION FOR CUSTODY ------------------------------------------------------------------- 5/20/2005 ORDER OF COURT 520/05 UPON CONSIDERATION OF THE WITHIN STIPULATION OF CUSTODY THE TERMS THEREOF ARE HEREBY MAKE AN ORDER OF COURT EDGAR B BAYLEY JUDGE COPIES MAILED 5/20/05 ------------------------------------------------------------------- 1/06/2006 PETITION TO MODIFY CUSTODY - BY MICHAEL 0 PALERMO JR ESQ ------------------------------------------------------------------- 1/11/2006 ORDER OF COURT - DATED 1/10/06 - IN RE PETITION TO MODIFY CUSTODY - PREHEARING CUSTODY CONFERENCE 2/3/06 9:30 AM 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE - BX HUBERT X GILROY ESQ CUSTODY CONCILIATOR - COPIES MAILED 1/11/06 ------------------------------------------------------------------- 2/14/2006 CUSTODY 2/14/06 CONCILIATION A HEARING CONFERENCE IS N SCHEDULED SUMMARY IN REPORT CR R 5 OF D THE UCUMBERL DATED AND COUNTY COURTHOUSE CARLISLE PA ON 3/30/06 AT 9:00 AM - BY THE COURT M L EBERT JR J COPIES MAILED ------------------------------------------------------------------- 3/24/2006 ORDER OF COURT - DATED 03-24-06 - IN RE: HEARING SCHEDULED FOR 03-30-06 AT 9 AM IS RESCHEDULED FOR 04-12-06 AT 9:30 AM IN COURT ROOM #5 - BY M L EBERT J - COPIED AND MAILED 03-24-06 ------------------------------------------------------------------- 4/13/2006 ORDER OF COURT - DATED 04-11-06 - IN RE: CUSTODY - BY M L EBERT JR J - COPIED AND MAILED 04-13-06 ------------------------------------------------------------------- 4/28/2006 ORDER OF COURT - DATED 04-28-06 - IN RE: CUSTODY- BY M L EBERT JR J - COPIED AND MAILED 04-28-06 ------------------------------------------------------------------- 5/22/2006 MOTION FOR RECONSIDERATION - BY MICHAEL 0 PALERMO JR ATTY ------------------------------------------------------------------- 5/24/2006 ORDER OF COURT - DATED 542306 - IN RE MOTION FOR RECONSIDERATION - MOTION IS DENIED AND T E REVIOUS ORDER OF COURT DATED 4/28/06 REMAINS IN FULL EFFECT - BY M L EBERT JR J - COPIES MAILED 5/24/06 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*Bal*** mts/Adj End Bal ******************************** ****P ****** ******************************* CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 13151905262006 Cumberland County Prothonotary' s Office Page 2 PYS510 Civil Case Print 2005-02541 MCQUISTON TIMOTHY M (vs) NASTELLI THERESA L Reference No... Filed......... Time 5/17/2005 2:06 Case Type...... COMPLAINT - CUSTODY .......... Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Disposed Desc.: Jury Trial.... Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: JCP FEE 10.00 10.00 .00 CUSTODY FEE 4.80 4.80 CUSTODY FEE-CO 1.20 1.20 .00 .00 MODIFICATION CU 50.00 50.00 -------------- -- .00 ---------- ---------- 161.50 161.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** I n& OOPrY FROM RECORD rn TeeOWMY wfiere01.1 here ruse $et My NW aid on ser d sOd Court A Cirlllhl, ft rw?L1 -IG ww 1 ad 1,4,AAJ-- n ?aQ W ? O 'ti rv L.? O I r-n 318P.M. " Appeal Docket Sheet Docket Number: 932 MDA 2006 Superior Court of Pennsylvania Page 1 of 2 May 31, 2006 Affim Timothy M. McQuiston V. Theresa L. Nastelli, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: May 31, 2006 Journal Number: Case Category: Domestic Relations Awaiting Original Record CaseType: CustodyNisitation Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: June 14, 2006 Next Event Type: Original Record Received Next Event Due Date: July 10, 2006 COUNSEL INFORMATION Appellant Nastelli, Theresa L. Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Palermo Jr., Michael Oresto Bar No.: 93334 Law Firm: Rominger & Whare Address: 155 South Hanover Street Carlisle, PA 17013 Phone No.: (717)241-6070 Fax No.: Receive Mail: Yes E-Mail Address: palermo@romingerlaw.com Receive E-Mail: Yes Appellee McQuiston, Timothy M. Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Miller, James Andrew Bar No.: 61352 Law Firm: Address: 2157 Market Street Camp Hill, PA 17011 Phone No.: (717)737-6400 Fax No.: (717)737-5355 Receive Mail: Yes E-Mail Address: james@paatlaw.com Receive E-Mail: Yes 5/31/2006 3023 3:29 P.M.' Appeal Docket Sheet Docket Number: 932 MDA 2006 Superior Court of Pennsylvania Page 2of2 AIMM May 31, 2006 FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 5/31/06 Notice of Appeal 60.00 60.00 2006SPRMD000499 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: April 28, 2006 Judicial District: 9 Date Documents Received: May 31, 2006 Date Notice of Appeal Filed: May 26, 2006 Order Type: Order Entered OTN: Judge: Ebert, Jr., Merle L. Lower Court Docket No.: 05-2541 Judge ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By May 31, 2006 Notice of Appeal Filed Appellant Nastelli, Theresa L. AWAITING PROOF OF SERVICE TO T/C JUDGE AND COURT REPORTER FROM APPELLANT'S ATTORNEY May 31, 2006 Docketing Statement Exited (Domestic Relations) Middle District Filing Office 5/31/2006 3023 "-4. TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 05-2541 CIVIL TERM : IN CUSTODY : Ebert, J. AND NOW, comes Defendant, Theresa L. Nastelli, by and through her counsel, Michael 0. Palermo, Jr., Esquire and in support of her Motion to Stay the Transfer of Physical Custody, avers as follows: 1. A custody trial was held on April 12, 2006, in front of the Honorable M.L. Ebert, Jr. 2. The Honorable Judge Ebert entered an Order of Court on April 28, 2006. Attached as Exhibit "A". 3. Your Petitioner respectfully disagrees with the terms and conditions of the Order of April 28, 2006, in regards to the minor child, Cody Merritt McQuiston, insomuchas primary physical custody should be awarded to Petitioner as it is in the best interests of the minor child. 4. Petitioner filed a Motion for Reconsideration that was consequently DENIED on May 23, 2006. Said Order is attached as Exhibit "B" 5. Petitioner filed a timely Notice of Appeal on or about May 26, 2006. 6. Petitioner respectfully requests that this honorable court Stay the transfer of custody, now scheduled to occur on June 8, 2006 at approximately 6:00 p.m. 7. Petitioner requests this Stay of the Transfer of physical custody of the minor child pending the outcome of her appeal to the Superior Court of Pennsylvania, filed on May 26, 2006. 8. This Stay in the transfer of custody of Cody McQuiston, the minor at issue is brought pursuant to Rule 1732(a) of the Pennsylvania Rules of Appellate Procedure. 9. It would be in the best interest of the minor child, Cody McQuiston, to maintain the status quo as there is a high likelihood of success at the Superior Court and if the minor child were to be moved now, it would be detrimental to his well being as the move would need to be completed twice if the Superior Court Appeal is successful. WHEREFORE, your petitioner respectfully requests that this Honorable Court issue a Stay of the transfer of physical custody of Cody McQuiston until Petitioners' appeal is addressed by the Superior Court of Pennsylvania. Date: June 9, 2006 Respectfully submitted, ROMINGER & WHARE Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant/Petitioner TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 05-2541 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Stay the Transfer of Physical Custody Pending Outcome of Appeal to Superior Court upon the following by fax and first class mail postage paid at Carlisle, Pennsylvania addressed as follows: Dated: June 9, 2006 The Honorable M.L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (via hand delivery) Timothy McQuiston c/o James A. Miller, Esquire 2157 Market Street Camp Hill, Pa 17011 Michael O. Palermo, Jr., Esquire V 4 TIMOTHY M. MCQUISTON PLAINTIFF THERESA L. NASTELLI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 28th day of April, 2006, after a hearing, IT IS ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children Cody Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of 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 children. 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 records, 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. 2. Physical custody. A. Primary physical custody. (i) The Father shall have primary physical custody of the Cody Merritt McQuiston beginning June 9, 2006. (ii) The Mother shall have primary physical custody of Katelyn Marie McQuiston. (iii) Each parent shall have custody of both children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. This alternating schedule will begin on June 9, 2006 with the Father having both children that weekend. (iv) In addition to alternating weekends each parent shall have custody of both children on alternating Wednesday evenings from 5:00 p.m. until 8:00 p.m. This alternating schedule will begin on June 14, 2006 with the Mother having both children that evening. (v) Cody Merritt McQuiston will remain in school in the Big Spring School District for the remainder of the 2005-2006 school year which is scheduled to end on June 8, 2006. At that time, the Father may enroll the child in the East Pennsboro School District for the 2006-2007 school year. B. Father's Wedding. The Father shall have custody of both children from 6:00 p.m. Thursday, June 22, 2006 until 6:00 p.m. on Sunday, June 25, 2006 in order to allow the children to be present at his wedding activities. C. Summer School Break. Each parent shall be entitled to custody of both children during one uninterrupted two week period in the summer provided that they each give the other party 30 days notice of exercising this provision. The period of custody under this provision may be scheduled consecutively or non-consecutively as long as the vacation period of custody does not interfere with the other parties' regular weekend period of custody of both children. This summer vacation provision will supersede the alternating Wednesday custody period of both children. D. Holidays. (1) Christmas - The Christmas holiday shall be divided into Segment A which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. (ii) Thanksgiving - In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. (iii) New Years Day - In even numbered years, the Father shall have custody of the children 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 children on New Years Eve after work 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. (iv) Easter - The Easter holiday shall run from Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (v) Memorial Day/July 0/ Labor Day - In odd numbered years the Father shall have custody of the children on Memorial Day and Labor Day weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody during the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day Weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Father shall have custody during Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. (vi) Halloween trick or treat night - Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children for trick or treat night in odd numbered years at times to be arranged by agreement of the parties. If each party's community scheduled trick or treat night is on different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. (vii) Mother's/Father's Day - The Mother shall have custody of the children every Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have custody of the children every year on Father's Day from 9:00 a.m. until 8:00 p.m. (viii) The holiday custody schedule shall supersede and take precedence over the regular custody schedule. The parents may alter this holiday schedule upon their mutual agreement. 3. Miscellaneous Provisions. A. Transportation. Transportation shall be shared such that the party relinquishing custody shall transport unless otherwise agreed. Exchanges of custody shall take place at the respective residences unless the parties agree otherwise. B. Telephone Contact. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. C. Removal from Residence. In the event that either party intends to remove the children 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 children can be contacted. D. Nonalienation. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. By the Court, M. L. Ebert, Jr., J. James A. Miller, Esquire Attorney for Plaintiff Michael Palermo, Esquire Attorney for Defendant bas nnd' , °?r fr`, .arlisle, Pr.. roihonnVI COD ^?\ 9Ia4??D r? TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL THERESA L. NASTELLI, CIVIL ACTION -LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 23rd day of May, 2006, upon consideration of the Defendant's Motion for Reconsideration, IT IS HEREBY ORDERED AND DIRECTED that the Motion is DENIED and the previous Order of Court dated April 28, 2006 remains in full effect. By the Court, M. L. Ebert, Jr., J. James A. Miller, Esquire Attorney for Plaintiff Michael Palermo, Esquire Attorney for Defendant bas z5rk?i? 10,11 r --t =- 1 V'J ? j I W _ 7 3 TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA : 05-2541 CIVIL THERESA L. NASTELLI, : CIVIL ACTION - LAW DEFENDANT :CUSTODY ORDER OF COURT AND NOW, this 9th day of June, 2006, upon consideration of the Defendant's Motion to Stay the Transfer of Physical Custody, the Motion is DENIED. The previous Order of Court dated April 28, 2006 remains in full effect. By the Court, ames A. Miller, Esquire Attorney for Plaintiff ichael O. Palermo, Jr., Esquire Attorney for Defendant bas V - t?\ -? ?" V M. L. Ebert, Jr., J. X'"pb y_ ,r ,? 'd();? 94 'l?,J'0 ?-, ,?,. ?b'? Ci TIMOTHY M. MCQUISTON : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 05-2541 CIVIL THERESA L. NASTELLI, : CIVIL ACTION -LAW DEFENDANT :CUSTODY ORDER OF COURT AND NOW, this 27" day of June, 2006, the Court being in receipt of a copy of Notice of Appeal in the above captioned matter, the Appellant is ordered to file with this Court a concise statement of matters complained of on appeal no later than July 10, 2006. By the Court, ,\t\\ -? 4-"A \ - M. L. Ebert, Jr., J. Xames A. Miller, Esquire Attorney for Plaintiff Michael O. Palermo, Jr., Esquire Attorney for Defendant S bas J 0 06 (?j sCl:r? I,,' LZ TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM IN CUSTODY AMENDED CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the within NOTICE OF APPEAL was served upon the following individuals on the below date, by placing same in the United States Mail, first-class postage prepaid, addressed as follows: James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 The Honorable M.L. Ebert, Jr. One Courthouse Square Carlisle, PA 17013 Official Court Reporter One Courthouse Square Carlisle, PA 17013 Court Administrator's Office One Courthouse Square Carlisle, PA 17013 Respectfully submitted, ROMINGER & WHARE Date: June 28, 2006 *4-- - Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant ?-? r^ =fl n GJ ? ? as ?. ? , ? -= ;; r '_'a ?,,, s c-; ? :< .`-{ l ..... y' y TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO: 2005-2541 : IN CUSTODY CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes Theresa L. Nastelli, by and through her counsel, Michael O. Palermo, Jr., Esquire and in support of her Concise Statement of Matters Complained of on Appeal avers as follows: 1. The trial court erred as its award of custody is not in the best interest of the child, and the best interest of the child would have been best protected, preserved and sustained by primary physical custody remaining with Mother. 2. The trial court erred in apparently relying on the slight preference of C.M., a minor, to live with father where there were no reasons offered in support of the preference and the preference was marked with ambivalence. 3. The trial court erred and/or abused its discretion by transferring residential custody of C.M., a minor, to Father when such a transfer is contrary to the best interests of the C.M. because it results in the separation of C.M. from his sibling where no compelling reasons which favor separating the siblings were presented. 4. The Court erred in failing to place its reasons for awarding primary residential custody and in effect separating siblings, immediately upon the record. Respectfully submitted, ROMINGER & WHARE Date: July 10, 2006 WV4"A - Michael O. Palermo, Jr., 're 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO: 2005-2541 : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Concise Statement of Matters Complained of on Appeal upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 Counsel for Plaintiff The Honorable M.L. Ebert, Jr. One Courthouse Square Carlisl,:, PA 17013 (hand delivered) Dated: July 10, 2006 Respectfully submitted, ROMINGER & WHARE Michael O. Palermo, Jr., 're 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant CD TIMOTHY M. McQUISTON, Plaintiff, V. THERESA L. NASTELLI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL CUSTODY IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 EBERT, J., July 14, 2006. In this child custody case, Defendant has filed an appeal to the Pennsylvania Superior Court following an order awarding primary physical custody of the parties' minor son, Cody, to the Plaintiff. The Defendant appeals for the following stated reasons: The trial court erred as its award of custody is not in the best interests of the child, and the best interests of the child would have been best protected, preserved and sustained by primary physical custody remaining with Mother. 2. The trial court erred in apparently relying on the slight preference of [Cody], a minor, to live with father where there were no reasons offered in support of the preference and the preference was marked with ambivalence. 3. The trial court erred and/or abused its discretion by transferring residential custody of [Cody], a minor, to Father when such a transfer is contrary to the best interests of [Cody] because it results in the separation of [Cody] from his sibling where no compelling reasons which favor separating the siblings were presented. 4. The Court erred in failing to place its reasons for awarding primary residential custody and in effect separating siblings, immediately upon the record.' This opinion is written in support of the Order pursuant to Pa.R.A.P. 1925 and is based on the following findings of fact. 1 Concise Statement of Matters Complained Of On Appeal, docketed July 10, 2006. FINDINGS OF FACT 1. The subjects of the underlying custody action are Cody Merritt McQuiston, age 11 years, born on January 27, 1995, and Katelyn Marie McQuiston, age 8 years, born on October 17, 1997. 2. The Plaintiff, Timothy M. McQuiston ("Father") is the natural father of both children. He resides at 316 South Enola Drive, Enola, Cumberland County, Pennsylvania. 3. The Defendant, Theresa Nastelli ("Mother") is the natural mother of both children. She resides at 28 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 4. Father and Mother are not, and have never been, married to each other, but essentially lived together for twelve years, with occasional separations by Mother due to her interest in other paramours. 5. After Mother left the residence for the third time, in May, 2005, the parties voluntarily entered a Stipulation of Custody on May 17, 2005, whereby they agreed to share legal custody of the children, and to give Father primary physical custody of Cody and to give Mother primary physical custody of Katelyn. The Stipulation was made an Order of Court on May 20, 2005.2 6. Father has partial custody of another daughter, Cassidy, age 13, whose weekends with Father coincide with those of Cody and Katelyn. 7. At the time of the Stipulation, Mother, Father, and both children were residing in a trailer home at 28 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 8. The parties reconciled in September, 2005, and again separated in October, 2005, at which time Father left and moved to the 316 South Enola Drive address with his paramour, Stephanie Spangler. 2 Stipulation of Custody, May 17, 2005, Order of Court dated May 20, 2005, Bayley, J. 2 9. Father began his relationship with Ms. Spangler after his relationship with Mother ended, but while they were still cohabiting. Father and Ms. Spangler were married on June 24, 2006. 10. While Cody at first had trouble adjusting to his father's new relationship, he now accepts Ms. Spangler and engages in a warm relationship with her.3 11. According to both Father and Mother, Cody is now having trouble adjusting to his mother forming new relationships with men.4 12. Cody's behavior has prompted Mother to call Father, stating that she "couldn't handle" Cody and that Father should come see his behavior.5 Father does not encounter these behavior problems when Cody is in his custody. 13. Mother filed a petition to modify the custody order on January 6, 2006. A custody conciliation conference was held and a temporary custody order was entered wherein Mother would have primary physical custody and Father would have partial custody of the children pending a hearings 14. A hearing was held on the matter on April 12, 2006. 15. Father has been employed at John's Mobile Repair as a mechanic and tow truck driver for the past twelve years, working from 7:OOAM to 4:OOPM Monday through Friday.' Ms. Spangler is employed in the truck and leasing department of Five Star International.$ 16. Mother has been employed as a full-time nursing assistant with the Church of God Home since August, 2005. She works from 6:30AM to 3:OOPM with two days off per 3 N.T. 61-62. 4 N.T. 77-78, 47-49. 5 N.T. 53. 7 Petition to Modify Custody, filed January 6, 2006, and Order of Court, dated February 14, 2006, Ebert, J. Transcript of Hearing held April 12, 2006, p. 58 (hereinafter "N.T. e N.T. 75. 3 week and is able to arrange her schedule so that she works on the weekends that the children are with Father.9 17. On Monday through Friday, Mother arranges for her neighbors to watch the children in the morning at their home until the school bus arrives at 8:45AM. She is home in the afternoon when the children return home from school at 4:10PM.10 18. Both children are doing reasonably well in school." At the Mother's residence, they attend the Big Spring School District. Father resides in the East Pennsboro School District, and has obtained information from the district regarding how to enroll the children in that school.12 19. On March 7, 2006, Cody suffered first and second degree burns to his face and upper body in a fire that occurred at a shed in Mother's backyard. Mother took him to Carlisle Hospital for treatment. Father met them at the hospital and accompanied Cody when he was then taken by helicopter to the burn unit at Lehigh Valley Hospital in Allentown, Pennsylvania. 13 20. The Court finds that the burn incident was an accident that was not attributable to either party, and to which both parents responded promptly and appropriately. 21. Cody attends counseling sessions at the Stevens Center in Carlisle, Pennsylvania, which, according to Mother, help him to deal with his parents' separation and have resulted in improved behavior. 14 The counseling was initiated by Mother, and, following the hearing, it was ordered by the Court to continue. 15 9 N.T. 25-26. 10 N.T. 27-28. N.T. 7-8, Petioner's Exhibits 1 and 2 (Cody and Katelyn's current report cards). 12 N.T. 62-63. 13 N.T. 30-31. 14 N.T. 8-9. 15 Order of Court, dated April 12, 2006, Ebert, J 4 22. Mother trusts the Counselor, Sherry Carrington, and believes her to be well-grounded in her opinions about Cody. Mother admits that Ms. Carrington has said that Cody would do well if he were to live with his Father. Mother does disagree with this opinion." 23. This Court finds the home of the Mother and that of the Father to be equally acceptable, and that each parent is able to provide suitable, appropriate, and loving care to both children. The Court also finds that each parent is equally willing to allow and encourage the children to contact and maintain relationships with the other parent. 24. Cody stated to the Court that, while he loves his mother and would be willing to see her as often as she could see him, he "really want[s] to live with [his] dad," because he is happy at his father's house and misses his father "a lot, all the time."" The Court finds this declaration to be a strong preference to reside with the Father. 25. Cody is aware that living with his father would cause him to change schools. According to Father, although Cody expresses a desire to live with him, he has also expressed concern about leaving his friends behind but Father reassured Cody that he can arrange visits with his friends. 18 26. This Court finds 11-year-old Cody to be of the age, maturity, and intelligence, to give his stated preference significant weight. DISCUSSION The Courts of this Commonwealth have consistently held that the ultimate consideration in custody matters is the best interests of the child. Moore v. Moore, 634 A.2d 163 (Pa. 1993). The general provisions controlling custody decisions are set forth at 23 Pa.C.S.A. §5303(a), in pertinent part: (a) General rule. 16 N.T. 29-30. N.T. 93. 18 N.T. 63. 5 (1) In making an order for custody or partial custody, the court shall consider the preference of the child as well as any other factor which legitimately impacts the child's physical, intellectual and emotional well-being. (2) In making an order for custody, partial custody, or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing access between the noncustodial parent and the child. To ascertain a child's best interests, the court is required to consider all factors which legitimately impact upon the child's physical, intellectual, moral and spiritual well-being on a case-by-case basis in deciding how to allocate post-divorce parental authority via legal and physical custody." Zummo v. Zummo, 574 A.2d 1130 (1990). These factors include: which parent is more likely to encourage access to the noncustodial parent, stability of the homes, parents' finances and work schedules, parents' new relationships, siblings, and the preference of the child. In the case at bar, the Court finds the households of the Mother and Father to be equally suitable, and that Cody's stated preference to live with his Father tips the scale in favor of the Father's primary physical custody of Cody. 1. The Best Interests of the Child This Court found the households of Mother and Father to be equally suitable. In making the determination that two households are equally suitable, courts look to whether both parents are equally involved in the child rearing process, whether both parents love and have a good relationship with their children, and whether both homes are equally suited for the rearing of the children. Myers v. DiDomenico, 657 A.2d 956 (Pa. Super. 1995). Both parents are equally involved in the rearing of their children, as circumstances permit. Although Father left the household and spent less time with the children between October, 2005, and January, 2006, this was not a decision to leave or abandon his children but his attempt to create a better home environment for them by alleviating his consistent arguments with Mother. It was also a decision made with the assumption that the custody 6 arrangement stipulated to in May, 2005, would still be in effect. Father knows where Cody receives counseling and the name of his counselor and school teacher and has taken necessary steps to learn how to enroll Cody in his school district. Both parents have full-time employment during the day that allows them to spend time with the children in the evenings and on weekends. Both parents also have warm and loving relationships with their children. Father's wife, Ms. Spangler, has also developed a warm relationship with Cody. Furthermore, we cannot conclude that the isolated incident of Cody being burned in a backyard accident adversely reflects upon either party's ability to care for the child, especially in view of what the Court found to be immediate and appropriate medical treatment of the child. 2. The Preference of the Child In making a custody decision, while the express wishes of a child are not controlling, they do constitute an important factor that must be carefully considered in determining the child's best interests. 23 Pa.C.S.A. §5303(a)(1), McMillen v. McMillen, 602 A.2d 845, 847 (Pa. 1992). The child's preference must be based on good reasons and the child's maturity and intelligence must be taken into account. Id. The weight to be attributed to the child's testimony can best be determined by the judge before whom the child appears. Id. Furthermore, the Pennsylvania Supreme Court in McMillen decided that where the households of both parents were equally suitable, the child's preference in that case to live with his father "could not but tip the evidentiary scale in favor of his father." Id. at 848. In her appeal, Mother argues that the Court erred in relying on Cody's "slight" preference, where no reasons were given and the preference was "marked with ambivalence."19 This Court who observed the child's demeanor and ability to respond intelligently does not find the stated preference of an eleven-year-old child that he "really wants to live with [his] dad," because he is "happy when [he] is there" and because he misses his dad "a lot, all the time," to 19 Concise Statement of Matters Complained Of On Appeal, filed July 10, 2006, paragraph 2. 7 be slight or ambivalent. In fact, the Pennsylvania Superior Court determined the similar stated preference of a six-year-old child of "I want to live with my Daddy... because I love my daddy and I want to stay with him" to be a "strong" preference and accorded decisive weight. Gonzalez v. Gonzalez, 486 A.2d 449 (Pa. Super. 1984). Surely an older child who expresses a similarly strong preference should be accorded as much. Cody's statement was not marked with ambivalence, but was one of a child who appears to perceive healthy and warm relationships with both parents and has a preference for the household where he is happiest. In weighing the preference of the child in a custody determination, the child's preference must be based on good reasons. EA. L. v. L.J.W., 662 A.2d 1109 (Pa. Super. 1995). These reasons must comport with his best interests, whether or not he is able to identify them as such. Waiters v. Waiters, 757 A.2d 966 (Pa. Super. 2000). Mother further bases her appeal on Cody's failure to give reasons for his preference.20 Cody's preference was based on missing his father and wanting to be with him, and he was not asked to elaborate further on his reasoning. Mother's counsel was given an opportunity to question the child regarding his preference, but chose not to stating "He did fine".21 Because his preference is not against his best interests - that is, because the households of Father and Mother are equally suitable - it would be an abuse of discretion by this Court to rule against the stated preference of an eleven-year-old child. 3. Separation of the Child from his Sibling Mother asserts that the trial court erred in awarding primary physical custody of Cody to Father in that it separated Cody from his sister, Katelyn, where "no compelling interests" which favor the separation were presented. As a general principle in Pennsylvania, siblings should not be separated without compelling reasons. However, this policy is but one factor to be considered, together with others, in determining the best interests of the child. E.A.L. v. L.J.W., zo Id. " N.T. 94. 8 662 A.2d 1109 (Pa. Super. 1995). It is specifically noted that in the general rule provisions of the statute at 23 Pa.C.S.A. §5303(a), preference of the child is listed as the number one consideration and separation of siblings is not even included in the general rules section. Clearly the legislature intended that preference of the child was to be afforded more consideration than other factors relating to the awarding of custody. Essentially we are asked to balance two factors, the child's strong preference and the policy against separating siblings, where both households are equally suitable for raising the children. In the case at bar, while both Mother and Father are capable of providing adequate and warm care for their children, Cody's difficulties in adjusting to his parents forming new relationships have at times caused behavioral and perhaps emotional problems. While he is acclimated to and engages in a relationship with Father's new wife, he has not acclimated to his Mother pursuing new relationships. This factor alone would not ordinarily have been compelling enough to transfer primary physical custody to the- Father where it results in sibling separation. However, in light of Cody's strong stated preference, this Court awarded primary physical custody of Cody to the Father as it both comports with Cody's preference and his best interests. Interestingly, this decision comports with exactly what the Mother agreed to by stipulation on May 17, 2005. 6? . 9 BY THE COURT, Michael O. Palermo, Jr., Esq. Attorney for Defendant/Appellant 155 South Hanover Street Carlisle, PA 17013 James A. Miller, Esq. Attorney for Plaintiff/Appellee 2157 Market Street Camp Hill, PA 17011 10 •L ,, _, ?.. , .i. _ .. i+... IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No.932 MDA 2006 T. McQuiston : Appeal from the OE 4/28/06 V. T. Nastelli :for the county of Cumberland :No. 05-2541 September 1, 2006 - The above appeal is hereby withdrawn and discontinued by order of: Michael Palermo, Jr. Attorney for Appellant September 1, 2006 - DISCONTINUED :Court of Common Pleas TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 1st day of September, 2006 -Pic Deputy Prothonotary ._ . 1. -cx ?4:: ry+ c? Kam-, c o TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO: 05-2541 CIVIL TERM : IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Theresa L. Nastelli, who resides at 28 Betty Nelson, Lot 124, Carlisle, Pennsylvania, 17013. 2. Respondent is Timothy M. McQuiston, who resides at 98 South Enola Drive, Enola, Pennsylvania 17025. 3. On April 28, 2006, the Honorable M.L. Ebert, Jr., entered the attached Custody Order. 4. Since the entry of said Order, there has been a significant change in circumstances in that: (a). the minor child, Cody Merritt McQuiston wishes to reside with Petitioner. (b). the siblings in this custody case, Cody Merritt McQuiston and Katelyn Marie McQuiston, desire to live in the same household. (c). father and his wife continuously try to alienate Cody's affection for his mother. 5. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody of both children shall be awarded to Mother with liberal visitation in Father. Zot)77- Respectfully submitted, Date: ROMINGER & ASSOCIATES Michael O. Palermo, quire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court II) # 93334 I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: _?/-lam -O Theresa Nastelli DH6.5,00 v `" TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 05-2541 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by fax and first class mail postage paid at Carlisle, Pennsylvania addressed as follows: Dated:A142"P t Z?-- Timothy McQuiston 28 Betty Nelson Court Carlisle, PA 17013 James A. Miller, Esquire 2157 Market Street Camp Hill, Pa 17011 r Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 f r? ? I rn l l S ??, ?'1 a! I I I (! w L TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5646 CIVIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 28th day of April, 2006, after a hearing, IT IS ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children Cody Merritt McQuiston, born January 27, 1995 and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall he 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 children. 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 records, 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. 2. Physical custody. A. Primary physical custody. (i) The Father shall have primary physical custody of the Cody Merritt McQuiston beginning June 9, 2006. (ii) The Mother shall have primary physical custody of Katelyn Marie McQuiston. (iii) Each parent shall have custody of both children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. This alternating schedule will begin on June 9, 2006 with the Father having both children that weekend. (iv) In addition to alternating weekends each parent shall have custody of both children on alternating Wednesday evenings from 5:00 p.m. until 8:00 p.m. This alternating schedule will begin on June 14, 2006 with the Mother having both children that evening. (v) Cody Merritt McQuiston will remain in school in the Big Spring School District for the remainder of the 2005-2006 school year which is scheduled to end on June 8, 2006. At that time, the Father may enroll the child in the East Pennsboro School District for the 2006-2007 school year. B. l=ather's Wedding. The Father shall have custody of both children from 6:00 p.m. Thursday, June 22, 2006 until 6:00 p.m. on Sunday, June 25,, 2006 in order to allow the children to be present at his wedding activities. C. Summer School Break. Each parent shall be entitled to custody of both children during one uninterrupted two week period in the summer provided that they each give the other party 30 days notice of exercising this provision. The period of custody under this provision may be scheduled consecutively or non-consecutively as long as the vacation period of custody does not interfere with the other parties' regular weekend period of custody of both children. This summer vacation provision will supersede the alternating Wednesday custody period of both children. D. Holidays. (i) Christmas - The Christmas holiday shall be divided into Segment A which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. Mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd numbered years and during Segment B in even numbered years. (ii) Thanksgiving - In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. (iii) New Years Day - In even numbered years, the Father shall have custody of the children 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 children on New Years Eve after work 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. (iv) Easter - The Easter holiday shall run from Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (v) Memorial Day/July 4th/ Labor Day - in odd numbered years the Father shall have r.iiGtndy of the children on Memoria! Day and Labor Da,,,?,ookonds frnm Friday at 6:00 p.m. through Monday at 8:00 p.m. and Mother shall have custody during the Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. In even numbered years the Mother shall have custody of the children on Memorial Day and Labor Day Weekends from Friday at 6:00 p.m. through Monday at 8:00 p.m. and Father shall have custody during Independence Day holiday from July 3 at 6:00 p.m. until after the fireworks on July 4. (vi) Halloween trick or treat night - Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children for trick or treat night in odd numbered years at times to be arranged by agreement of the parties. If each party's community scheduled trick or treat night is on different evenings, each party shall be entitled to have custody of the children on his or her community trick or treat night. (vii) Mother's/Father's Day - The Mother shall have custody of the children every Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have custody of the children every year on Father's Day from 9:00 a.m. until 8:00 p.m. (viii) The holiday custody schedule shall supersede and take precedence over the regular custody schedule. The parents may alter this holiday schedule upon their mutual agreement. 3. Miscellaneous Provisions. A. Transportation. Transportation shall be shared such that the party relinquishing custody shall transport unless otherwise agreed. Exchanges of custody shall take place at the respective residences unless the parties agree otherwise. B. Telephone Contact. The non-custodial parent shall be entitled to have reasonable telephone contact with the children. C. Removal from Residence. In the event that either party intends to remove the children 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 children can be contacted. D. Nonalienation. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. By the Court, M. L. Ebert, Jr., J. 'J James A. Miller, Esquire Attorney for Plaintiff Michael Palermo, Esquire Attorney for Defendant bas lil if'< r. 'I r{? tO t RomINGER & ASSOCIATES Attorneys at Law Karl E. Rominger Michael O. Palermo, Jr. Leslie A. Tomeo* *Also admitted in New.I"ersey April 18, 2007 Theresa Nastelli 28 Betty Nelson, Lot 124 Carlisle, PA 17013 Dear Theresa: This letter is to confirm that I have agreed to draft and file a Petition to Modify Custody on your behalf. My fee to draft and file the Petition and attend a hearing on your behalf is a flat $500.00 plus the filing fee of $70.00. Once you have provided the filing fee, my office will begin working on your Petition. Thank you for choosing me as your attorney. If you have any questions, do not hesitate to contact me. Sincerely, Michael O. Palermo, Jr., Esquire MOP:Ijj 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www. romingerlaw. corn ADVOCACY • ADVICE • ANSWERS Ps , TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2541 CIVIL ACTION LAW THERESA L. NASTELLI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 01, 2007 at 8:30 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 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. 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 hearinp,. FOR THE COURT. By: /s/ Hubert X. Gilroy Esq. 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 17013 Telephone (717) 249-3166 r -tea ?Q4 OZ --Z W8 C- V1W LOOZ :--jlHi jO TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM : IN CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint on behalf of the Plaintiff, Timothy M. McQuiston, in the above-captioned action and I certify that I am authorized to do so. Date: l N CY Q ti zn ^ E t? ? CF:\FILES\General\Current\12321\nastellilvni quiston.orderI/n1rn '/ Created: 9/20/04 0:06PM Y Revised: 6/5/07 9:30AM JUN 0 6 2007 12321.1 TIMOTHY M. MCQUISTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2541 CIVIL ACTION - LAW THERESA L. NASTELLI, IN CUSTODY Defendant JURY TRIAL DEMANDED ORDER rY AND, NOW this J day of June, 2007, the Conciliator being advised that the parties have reached an agreement in the above-referenced case, the Conciliator relinquishes jurisdiction. /?2' ?y - Hu ert X. Gilroy squire Conciliator 17'i l' -i r { o 60 •£ Wd L- NfIr LOOZ ?Hi JO 06-31-'07 12;15 FROM-EOMINGEA & ASSOC 7172416878 T-183 P006/009 F-644 TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM IN CUSTODY STIPULATION REGARDING CUSTODYIVISITATIQN The plaintiff, Timothy M. McQuiston, hereinafter referenced as "Father," and Defendant, Theresa L. Nastelli, hereinafter referenced as "Mother," are hereby bound by the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children, Katelyn M. McQuiston, born October 17, 1996, and Cody Merritt McQuiston, born January 27, 1995, hereinafter referenced as "Children": 1. The best interest and continuing welfare of the Children would be best served with custody ordered as follows: (a) Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and 05-31-'07 12:19 FROM-ROMINGER & ASSOC 7172416878 T-183 P007/009 F-644 other providers. (c) Mother shall have primary physical custody of the Children. (d) The exchange of custody to Mother of Cody Merritt McQuiston will be on June 10, 2007, at 6:00 p.m. (e) Father shall have periods of partial custody every ether weekend from Friday at 6:00 p.m. until Sunday evening at 6:00 p.m. For the summer schedule only, Father would have the children from 6:00 p.m. on Friday until Sunday evening at 9:00 p.m. For Memorial Day and Labor Day, Father would have the children until 9:00 p.m_ as well. (f) The Mother shall have the Children on Mother's Day from 9:00 a.m. to 8:00 p_m. and the Father shall have the Children on Father's Day from 9:00 a.m. to 8:00 P.M. 2. The parties will share or alternate custody of the children on the following holidays: (a) The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26, at 12:00 noon. Mother shall custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment B in even numbered years. (b) Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8,00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. (c) New Years Day: in even numbered years, the Father shall have custody of the children 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 children on 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 Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (e) Memorial Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. [See 7(e) for times] 05-31-'07 12:19 FROM-ROMINGER & ASSOC 7172416878 T-183 P008/009 F-644 (f) Labor Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. (See I (e) for times] (g) July 41h: Mother and Father shall share the Jul 4th holiday with Mother in the odd numbered rears having custody from July 3 at 6:00 p.m. until after the fireworks on July 4t and Father having custody from 6:00 p.m. on July 3rd until after the fireworks on July 4th in the even numbered years. (h) Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 teat night is on different evenings, each shall be entitled to have custody of the children on his or her community trick or treat night- (i) Holidays take precedence over the other provisions in this Stipulation. 3. The non-custodial parent shall have reasonable telephone contact to the Children while the Children are in the control of the custodial parent. 4. During the summer school break each year, Father shall have custody of the children for twenty-one (21) days for vacation upon providing two (2) weeks advance notice to Mother. However, Father's periods of custody under this provision shall not be scheduled to exceed seven (7) consecutive days. Father's periods of custody under this provision shall be in addition to his regular alternating weekend periods of custody. Mother shall provide at least two (2) weeks advance notice to Father of any vacation plans for the children so that Father can schedule his periods of his custody under this provision accordingly. 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. 5. Unless otherwise provided in this order or agreed between the parties, the party 05-31-'07 12;20 FROM-ROMINGER & ASSOC 7172416878 T-183 P009/009 F-644 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 residences unless the parties agree otherwise. g. In the event that either party intends to remove the children 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 children can be contacted. 7. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Children's parents in front of the Children. 8. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality and/or agreement of the parties. 9&40& IW41K - - Theresa Nastelli Michael O. Palermo, r., Esquire Timothy NI&Q-uiston Ja A. M' or, Esquire t S _ F _• .r • • V . a F rN .1 JUN 20 20 11 TIMOTHY M. McQUISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO: 05-2541 CIVIL TERM THERESA L. NASTELLI, . Defendant : IN CUSTODY ORDER The plaintiff, Timothy M. McQuiston, hereinafter referenced as "Father," and Defendant, Theresa L. Nastelli, hereinafter referenced as "Mother," are hereby bound by the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children, Katelyn M. McQuiston, born October 17, 1996, and Cody Merritt McQuiston, born January 27, 1995, hereinafter referenced as "Children": The best interest and continuing welfare of the Children would be best served with custody ordered as follows: (a) Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Children. (d) The exchange of custody to Mother of Cody Merritt McQuiston will be on June 10, 2007, at 6:00 p.m. (e) Father shall have periods of partial custody every other weekend from Friday at 6:00 p.m. until Sunday evening at 6:00 p.m. For the summer schedule only, Father would have the children from 6:00 p.m. on Friday until Sunday evening at 9:00 p.m. For Memorial Day and Labor Day, Father would have the children until 9:00 p.m. as well. (f) The Mother shall have the Children on Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have the Children on Father's Day from 9:00 a.m. to 8:00 p.m. 2. The parties will share or alternate custody of the children on the following holidays: (a) The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26, at 12:00 noon. Mother shall custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment B in even numbered years. (b) Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. (c) New Years Day: in even numbered years, the Father shall have custody of the children 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 children on 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 Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (e) Memorial Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. [See 1(e) for times] (f) Labor Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. [See 1(e) for times] (g) July 4th: Mother and Father shall share the July 4th holiday with Mother in the odd numbered years having custody from July 3rd at 6:00 p.m. until after the fireworks on July 4th and Father having custody from 6:00 p.m. on July 3rd until after the fireworks on July 4th in the even numbered years. (h) Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 teat night is on different evenings, each shall be entitled to have custody of the children on his or her community trick or treat night. (I ) Holidays take precedence over the other provisions in this Stipulation. 3. The non-custodial parent shall have reasonable telephone contact to the Children while the Children are in the control of the custodial parent. 4. During the summer school break each year, Father shall have custody of the children for twenty-one (21) days for vacation upon providing two (2) weeks advance notice to Mother. However, Father's periods of custody under this provision shall not be scheduled to exceed seven (7) consecutive days. Father's periods of custody under this provision shall be in addition to his regular alternating weekend periods of custody. Mother shall provide at least two (2) weeks advance notice to Father of any vacation plans for the children so that Father can schedule his periods of his custody under this provision accordingly. 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. 5. 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 residences unless the parties agree otherwise. 6. In the event that either party intends to remove the children 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 children can be contacted. 7. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Children's parents in front of the Children. 8. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality and/or agreement of the parties. BY THE COURT: M.L. Ebert, Jr., J. 0 0?? ? . I') I\ e. t\ 1 00 7 VJNV,Yj kSNPJ3cf AiNrlGio 00 :'1 Wd 1 Z Nnr t00z ?t '1Q€ C Q41 ?o TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 05-2541 CIVIL TERM IN CUSTODY WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Michael Palermo, Jr., Esquire as counsel on behalf of the Defendant, Theresa Nastelli, in the above-captioned matt BY: TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter the appearance of Stephanie E. Chertok, Esquire and Cindy L. Hribal, Esquire, as counsel on behalf of the Defendant, Theresa Nastelli, in the above-captioned matter. BY: ?. <?: Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 05-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Timothy M McQuiston, an adult individual and natural father of the subject minor children, resides with his wife Stephanie at 316 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Theresa L Nastelli, an adult individual and natural mother of the subject minor children, with a last known address of 28 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children: child Cody Merritt McQuiston Katelyn Marie McQuiston Date of Birth DOB 1/27/95 DOB 10/17/97 The children were born out of wedlock. For roughly the past year, the children have been in the primary custody of Defendant. There is a custody history in this matter that began in 2005 with various hearings and orders having been entered. Attached hereto as Exhibit A and made part hereof is the most recent Custody Order entered by the Court and dated June 21 2007. 4. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. McQuiston v Nastelli - Mod Pet Sprg 08 2 5. The best interest and permanent welfare of the children will be served by granting the relief requested because the stated, unequivocal desire of both children is to reside with Plaintiff, their father, in addition to, but not limited to the fact that when Cody resides with his father, his grades are very good but the evidence reveals that when he resides with his mother, his academics rapidly spiral downward. 6. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests the court to grant primary physical custody of the children to Plaintiff with rights in partial custody to Defendant and any additional relief the court may deem appropriate. Respectfully submitted, MILLER LIPSITT LLC J es A. Miller, Esquire 765 Poplar Church Road Camp Hill, PA 17011 (717),737-6400 McQuiston v Nastelli - Mod Pet Sprg 08 3 .' I ?r4ttl?i TiMDTHY M. IvcQUISTON, IN THE COURT OF COMMON PL1'AS or Plaintiff : GtJiY Wt BLAND COUNTY, PENNSYLVANIA y, . CAVIL AG-=•I(-,N - LAW -0545A, WVIL TERM THLRESA L. 4ASTEL_i, Defendant ; IN CUSTdvY ORDER The p!a ntiff. Timothy M. McQu!ston, hereinafter rerervr M, as 'Father:' and Defendant. Theresa L. NastelE, i5eroinafter referenced as `":Mother." are hereW bound by the ergTy ofthefollowinq tarns in a GOL!rt order defining custody and part ial -ustody rights and reiprnsibifities in relatrar. to the parties minorchildren. Katelyn M. bycQui&;on,. born October 17. 1$95. and Cody Memtt tvlcQuiston, born January 27. 1395. haroincftyr reforenced as `Chlldran". The best interest aid norm nuing wettam <if the w;vldren a<<ouA br- best ?ienfPe witn custody ordered as faiki,m-,: ,'a.) k1offi r and Father will sharp !ega!. custody of Children as defined in 23 Pd. G.S.A. 85302. Ail dQ isions afffecting the Chid en's growth ane development, ncluding but f-.al- limited tc rrvedh;al t:aatrnen:. udvroation, and rCligi.xis training. are rna,*-ordec,sivnu which Fatter end Mother shall make jo!ntly aBfer discw-?: sion and consultarion with each other. i;b) As provided 23 Pa. Q.S.A. §53 013(a). each par'erlt shaIf have fuU and =-1piete access to the C!?ildrrn's mental, dental, religious and school ramrds_ This irciudes the riame.i, addresses and teiephrna numbers of ail rnedical and other provridens. {c} Mottrer shall have primary physical rustddy of the Children. (d) The exchange of custody to Mother of Cody lhernt MGQuistart will be on June 10, 2007•, at 6:00 P.M. Exhibit A McQuiston v Nastelli - Mod Pet Sprg 08 4 (e) Father shall have periods of partial custody every other wovkend frorn Friday at 6-C0 p.m. until Sunday evening at 6:90 p.m. For the summer schedule only Father wauld have the ?;Iiildren from 0:00 p.ni. on Friday •in,til Sunday evening at 9:00 p.n7 Fo, Memorial Day and Labor nay. Fathe-tiMouk" have the children unti19 00 p m. as well. f f) The N4 other shall have 0a Chiidren on Mother's Day from 9.00 a.ni. to 8,00 p.-n. arrrl rnF„ Father shall hzwe `hP Child rei) on Father's Jay from 9:00 a.m to 8:60 p.rn. 2. The parties will si,are ar alienate custody of tFe children on the 10.llawing ha lidays. ,al The Chrs[mas hoiiday sha!i be d;vi' ed Into Segment A., whirr. shall run from Christmas Eve at 12:00 noon until Chnstmas Day t.ntll 12:06 noon. and Segment B. wl%ich shall run from Chris'mas Gay at r.:'J0 noon L.- ,:til December 28, at 12:00 .con. Mother chat! cuatodv of he children during Seginent A in even numbered years and during Segment E in odd numbered years. Father shall have custody of the -hi Idren during Segment B in even numbered year:,. (b) -"hanks,givinn: !r: evet, numbered years Father shall havr: custody of the children ^n Thanksgiving D=ay from 9:00 a.m, wtil 13.003 p.m. and !n odd numbered years 7RAother shaiI have custody of .he chi16mn on VhAnksgivinq Lay at the same Aimes. tc) Now Years Day: in ev-sr. numbered years, tite Father shall have custody a' the ch dren from N-ewYears Eve after wofk through ;yew years Day dt 8:00 p.m. and in odd numbered years the Mother hail ;eve cu study of the children o,: Kiev. ` etars Uay at 8:00 p.m. For purpoaer, of this provisi3n: the entire new years hoiiday shall hwe deems-! tc fali in the same year as New Years Eve (d) Easter: the Faster holiday shall run frcrnr Friday before raster at 8:00 p.m. through EaMer SLin-day at 8:00 p.n. The Mother shat! have custady of the, c^ildrer r river Easter :n ever. nurnberea years aria the Father shall have wzic-dy of the childrer• over Easter in odd riwnber d years. ;ei MerrindaI Day: Licther and 1-0-re r s rail att_rnato custody from year to year, wkh Mc,ther having custody in even numbered years and F?ath:~r ;Iaeing custody in odd nurr..berM ;ears. rS" s(e) fnr tunes; (fl Labor i'ay: Mother arid Father shall altem me-,e c:istody f- rn year to year; with Mother having custody in even numbe ed years and Father having custody in odd cambered v-,sirs [Soo f (a) for tifnes] McQuiston v Nastelli - Mod Pet Sprg 08 5 (g) Jury 0: Mother an(! Father shall share the J:•ly 4' holicay with Mmher in the odd numbered years, having Custody from July 3" at 6,00 p.m. Uitil aftzr the fifevtoix% on July 4h and Father having custody from 6:00 p.m. on July V until afterthefireworks :?a July A' in the even numbered years. (h) H%O ww r. trite or treat nigFd: Father shel! have oustody of the children for trick or treat night in even rtiumtiered years and Vothe r shat have custody of the children for trick or treat night in odo numbered years at Lines to bo arranged by agreement of the parties. If each par*-r's corr. nunity ached Wes trick or teat night is on difrarent everjirigs, each shall be entitled to have custad-y of the aiildren or. his or her cornnlunsLy trick or treat night. (! ) Hol:days take precedence- dvcr tree other provisions in this StiPLIIXiOfl ?. he nor-custcdiai po.W11 steal! have r(,.asonahlr= te:ephane contact to the. GhIIdren w6 le the Children are in the control Of tt,e custodial parent. d. Outing the s:!mmer wf imI break tact year. Father rhali have curtod), of tht-3 children, for twenty-one (21) days. for +r "Gat on uporr providing Nvo (2) weeks advance notice to Mother. However. F?the!'s periods o; Custody unof:r this prevision shall xi'_ tie rchedu;ed to exceezi saveir1(7) cor.?u:c vttve days. -Father; periods of custody under !his rravisian shall be in additior to his regular aiternat;ng weekard pe:nads of Custody, Mother sha':I provide at IC-ast two (1) Yr ks advance noiioe to Father O{ airy vacation plans for the children ;u ti a Father can schedule h:s periods t?f his custody under this provision accordingly. Father shalI not 5cheduie uenads cf cu study under thils pr ovir?ion during the last week of the summer school break before the beginning of the new school year. 5. Unless otherwise provided in this order or agreed between the parties, the party relinquishing custody of the child shall be ;espunsible to Druvide transportation McQuiston v Nastelli - Mod Pet Sprg 08 6 ror'.he e=hange of custody. Exchanges of custudy shall -.ake place at the respeclive residences unless the parties agree ctherwiso. 5. If: the event that either party intends to ternove the children Fom his ar her mr,idence for an ovemight penod or longer, !rat party shall provide advance nobcs tc €i e other parent alcng with an address and telephone number where the children can be contactoa. r" Cacti Darty shall not rnake any disparaging remarks or al.ow others to make any disparaging remarks concemin. g the 0hildren's pamnts in f(col of € e. Cjhildrer' ?. Any roOKicatron or waiver c;f any of the r:rovisiort5 of 'he agreement of the D.^_rtias Shall be effective only if made ri writing and c)n ly if exemed vjilfi the name iorrnalily andfor agreement of tk,L- par :es• By -HE= I OURT: yI ? I J-.t??' ? ,. • : '? lvc- i ? !t? McQuiston v Nastelli - Mod Pet Sprg 08 7 VERIFICATION I verify that the statements made in the attached divorce complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. u? ////," L Date: %(_ /y - 013 Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 05-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, James A. Miller, hereby certify that I have on the date indicated below and the manner so indicated forwarded a copy of the foregoing document to the party so indicated. Date: UNITED STATES FIRST CLASS MAIL COUNSEL FOR DEFENDANT Cindy L Hribal Esquire Stephanie E Chertok R.N. Esquire 61 West Louther Street Carlisle PA 17013-2936 Jame 'A. Miller, Esquire 7 Poplar Church Road Camp Hill, PA 17011 Attorney for Plaintiff (717) 737 6400 McQuiston v Nastelli - Mod Pet Sprg 08 8 -ffl" y"?1 Cary f ?_ R? f .l r w -T I , 00 co oI TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-2541 CIVIL ACTION LAW THERESA L. NASTELLI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 22, 2008 ___ at 9_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. 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/ Hubert X. Gilroy, 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 17013 Telephone (717) 249-3166 fi A? V C ?5 yyr[}. J "Hui i K) I • __ -' MAY 2 8 2008 A^V TIMOTHY M. MCQUISTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW THERESA L. NASTELLI, NO. 2005-2541 Defendant IN CUSTODY COURT ORDER AND NOW, this a Tft-day of lwza- , 2008, upon consideration of the attached Custody Conciliation Report, it is o ered and directed as follows: A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the 5-10' day of 06<Z (?- , 2008, at '3 D A. in. At this hearing, the father shall e the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed with the Court at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of June 21, 2007, shall remain in place subject to the following modification: A. During the upcoming summer months and pending the hearing set forth above, physical custody of the children shall be shared on a week on/week off basis. Exchange of custody shall be on Sunday evenings at 8:00 p.m. unless agreed otherwise by the parties. The first week of the summer shall commence Sunday, June 8th with mother getting custody that evening and father's first week starting Sunday, June 15`h. This provision shall supercede the prior Order relative to summer vacation, etc. BY THE COURT, I*k t M. L. Ebert, Jr., Judge cc: Cindy L. Hribal, Esquire .James A. Miller, Elsq?uilr'e CDi FS .":It? s FJ ???I II-? . - TIMOTHY M. MCQUISTON, Plaintiff vs. THERESA L. NASTELLI, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005-2541 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cody Merritt McQuiston, born January 27, 1995 Katelyn Marie McQuiston, born October 17, 1997 2. A Conciliation Conference was held on May 22, 2008, with the following individuals in attendance: The father, Timothy M. McQuiston, with his counsel, James A. Miller, Esquire, and the mother, Theresa L. Nastelli, with her counsel, Cindy L. Hribal, Esquire. 3. The mother currently has primary custody of the minor children. Father is suggesting the children have indicated a preference to go to live with him. Father is also suggesting that there may be some issues with respect to how the children do in school while they're living with the mom. The mother suggests the children need to stay with her for stability reasons and that the schooling issues are not a problem at this time. The parties are unable to agree and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: May ` , 2008 4?3 N JV Hubert X. Gilroy squire Custody Conci 'ator A STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 05-2541 IN CUSTODY MOTION FOR A CONTINUANCE AND NOW, comes Defendant, Theresa L. Nastelli, by and through her attorneys, Stephanie E. Chertok, Esquire and Cindy L. Hribal, Esquire, and avers the following in support of her Motion: Plaintiff, Timothy M. McQuiston, filed a Complaint for Custody on April 18, 2008 requesting primary physical custody of the parties' two minor children. 2. A conciliation was held in front of Hubert X. Gilroy, Esquire on May 22, 2008. At that time, an agreement was reached to have shared physical custody during the summer and to schedule a custody hearing regarding primary physical custody during the school year. 3. A hearing was scheduled for August 8, 2008 at 9:OOA.M. in front of the Honorable M.L. Ebert, Jr. 4. The parties have reached an agreement regarding custody of their two minor children to generally consist of Plaintiff having primary physical custody and Defendant enjoying partial custody every other weekend and Wednesday evenings. 5. Both parties are in agreement with the request for a continuance and it is further requested that a hearing date not be rescheduled and either party be allowed to contact the Court to schedule a hearing if an agreement cannot be reached. WHEREFORE, Defendant respectfully requests this Honorable Court grant a continuance in this matter for the above stated reasons. Respectfully submitted: phani . Chertok Attorney I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 05-2541 IN CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certify that a true and correct copy of Defendant's Motion for a Continuance was served this date on the below named attorney, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: James Miller, Esquire Miller Lipsitt, LLC Attorneys at Law 765 Poplar Church Road Camp Hill, PA 17011 Date: G -0 A 4t AUG 0 7 20r TIMOTHY M. McQUISTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. 05-2541 THERESA L. NASTELLI, Defendant IN CUSTODY ORDER day of ?%)Q%A , 2008, upon AND NOW, this 711- consideration of the attached Motion, a continuance of the August 8, 2008 hearing in the above matter is GRANTED. Either party may contact the Court to schedule this matter for a hearing if an agreement is not reached. BY THE COURT, ?* ?' ?A - x - V, M.L. Ebert, Jr., Judge VINV ,,uNno,,^ r a.1- 390 I =£ Wd L - SnV OOOZ KdVQQ"X4lO8d 1. n 90144"TK4 I Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 05-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 NOW COMES Plaintiff/Petitioner, Timothy M McQuiston, by and through his attorneys, Miller Lipsitt, LLC, and James A. Miller, Esquire, and respectfully petitions your Honorable Court for special relief and award primary physical custody of the minor children in Plaintiff/Petitioner and such other relief as the court deems appropriate and for reasons therefore states: 1) Plaintiff/Petitioner is Timothy M McQuiston (hereinafter "Father"). 2) Defendant/Respondent is Theresa L Nastelli (hereinafter "Mother"). 3) The parties are the parents of the minor children, Cody Merritt McQuiston DOB 1/27/95, and Katelyn Marie McQuiston DOB 10/17/96. 4) On August 6, 2008, the parties agreed that Father would have primary physical custody of the minor children. 5) As a result of the agreement reached, Mother filed on August 6, 2008, a Motion for Continuance of the August 8, 2008, Hearing with the Court advising the Court that "The parties have reached an agreement regarding custody of their two minor children to generally consist of Plaintiff having primary physical custody and Defendant enjoying partial custody every other weekend and Wednesday evenings." Attached hereto as Exhibit A and made a part hereof are copies of the Court's August 7, 2008, Order and Mother's August 6, 2008, Motion for Continuance. 6) On August 12, 2008, after conference, Cumberland County Domestic Relations Office entered a recommended order reflecting Father's primary I status effective August 26, 20081. Attached hereto as Exhibit 8 and made a part hereof is a copy of the August 12, 2008, Recommended Order. 7) The children have unequivocally and continually made their custodial preferences known to both Mother and Father in that they intend to reside with Father at all costs. 8) Consistent with the parties' understanding and as so represented to the Court in Mother's August 7, 2008, Motion for Continuance, Father enrolled the minor children in the East Pennsboro School District on August 8, 2008, for the 2008/09 academic year and Mother was and is aware of such enrollment. Attached hereto as Exhibit C is a copy of Father's counsel's August 7, 2008, email relative to the custody status which Father used to assist in the enrollment of the children in the East Pennsboro School District for the 2008109 academic year. 9) Events began unfolding Friday, August 22, 2008, resulting in Mother: a) reneging on the agreement in its entirety; b) taking the children back into her custody Sunday, August 24, 2008, at 6:00 P.M.; c) intending to enroll the children in the Big Spring School District on Tuesday, August 26, 2008. 10)Mother's unilateral alteration from the parties' agreement is a complete violation of and utter disregard for the sanctity of the agreement as well as her representations made directly to the Court in Mother's August 6, 2008, Motion relative to Father's primary physical custody status. 11)Mother's reneging: a) will directly create unexcused absences with East Pennsboro School District in the event the children do not show up for their scheduled L THE PARTIES REPORTED THAT DEFENDANT WILL HAVE PRIMARY PHYSICAL CUSTODY FOR THE SCHOOL YEAR. DEFENDANT FILED A COMPLAINT FOR SUPPORT AND THE PARTIES AGREED TO WAIVE THE SUPPORT CONFERENCE. A RECOMMENDATION WILL BE MADE ON 08/26/08 TO REFLECT THE CHANGE IN CUSTODY. Father was defendant in this case. classes beginning August 26, 2008 thereby directly impacting their overall grades and performances; b) has caused enormous chaos in the lives of the children including, but not limited to their schooling; c) is a knowing and deliberate exercise in bad faith; d) only serves to satisfy Mother's needs without any regard for the health, education and/or welfare of the children; e) is just one more instance whereby Mother has exercised poor judgment concerning the children; f) has created unnecessary drama where drama was not required; and, g) has once again caused Father to incur substantial fees, costs and expenses associated with this action; 12)The parties' current, pending agreement that Father have primary physical custody arose from Father having filed on April 25, 2008, a petition to modify the custody arrangement defined by the June 21, 2007, custody order wherein Mother had primary physical custody of the minor children. Attached hereto as Exhibit D and made a part hereof is a copy of the June 21, 2007, Custody Order. 13) A custody conference was held On May 22, 2008, before Hubert X. Gilroy, Esquire, wherein an interim order dated May 29, 2008, was entered that allowed for shared physical custody during the summer months pending the August 8, 2008, hearing. Attached hereto as Exhibit E and made a part hereof is a copy of the May 29, 2008, Interim Order. 14)As a result of the agreement reached between the parties, on August 8, 2008, counsel for Father forwarded by facsimile to counsel for Mother a proposed custody order reflecting Father's primary physical custody status. Attached hereto as Exhibit F and made a part hereof is a copy of the proposed custody order. 15)Father's proposed order is simply the June 21, 2007, Order in reverse whereby Father has primary physical custody instead of Mother. 16)After Mother reviewed Father's proposed order, she submitted by letter dated August 19, 2008, her request for changes addressing only her visitation periods and not disturbing Father's primary physical custody. Attached hereto as Exhibit G and made a part hereof is a copy of Mother's counsel's August 19, 2008, letter. 17)Father responded to Mother advising her of his position on her requests. Attached hereto as Exhibit H and made a part hereof is a copy of Father's August 22, 2008, letter. 18)In response, Mother by letter dated August 22, 2008, wholly rejected the parties agreement wherein Father has primary physical custody of the children. Attached hereto as Exhibit I and made part hereof is a copy of other's August 22, 2008, letter. 19)Mother's August 22, 2008, simply sets forth in detail her disagreement with her periods of partial custody and as a result, she intends to retain primary physical custody as set forth in the June 21, 2007, Order. 20)lt is clear to Father that Mother has no intention of cooperating and adhering to the terms of the basic, underlying agreement that Father has primary physical custody unless the Court immediately enters an Order reflecting: a) Father shall have primary physical custody of the children; b) the children shall attend East Pennsboro School District; and, c) a hearing will be held on Mother's custody requests as defined by her August 19, 2008, letter that is attached hereto as Exhibit G. 21)Awarding Father the relief requested herein in the form of primary physical custody will not jeopardize nor compromise either party's interests in as much as there was an agreement between the parties to this effect already. 22)Not awarding Father the relief requested herein immediately will jeopardize the academic futures of the children which Mother continues to ignore. 23)Your Honorable Court has the authority to grant the relief requested herein. WHEREFORE, pursuant to Pa. R.C.P. 1915.13, Father respectfully requests your Honorable Court to: a) grant Father primary physical custody of the minor children and such grant to include a directive that the children attend East Pennsboro School District; b) schedule a hearing on matters relating to Mother's periods of partial custody, holidays and summers as soon as the court is able; c) maintain Mother's periods of partial custody as follows pending the hearing identified hereinabove: i) alternating weekends commencing August 22, 2008, with Mother; ii) alternating weekends from Friday's at 6:00 p.m. with Mother picking the children up at Father's home through Sunday's at 6:00 p.m. iii) the holiday schedule as set forth in the June 21, 2007, order shall be maintained d) grant such other relief as the court may deem appropriate. Respectfully submitted, MILLER LIPSITT LLC James A. Miller, Esquire 765 P plar Church Road C1 C p Hill, PA 17011 7) 737-6400 Timothy M McQuiston, Plaintiff V. Theresa L Nastelli, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: August 25, 2008 Timot y M McQuiston AUG 0 7 2008 TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 05-2541 IN CUSTODY ORDER AND NOW, this _ day of, 2008, upon consideration of the attached Motion, a continuance of the J'st 8, 2008 hearing in the above matter is GRANTED. Either party may contact the Court to schedule this matter for a hearing if an agreement is not reached. BY THE COURT, ?51 A. P-ld M. L. Ebe , Jr., Ju ge r KN41 ra' ,%*T?6d fOX. (PVTJA*Akjc STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMM PA OF CUMBERLAND COURR PAS CIVIL ACTION - LAW + No. 05-2541 C --r IN CUSTODY ° MOTION FOR A CONTINUANCE AND NOW, comes Defendant, Theresa L. Nastelli, by and through her attorneys, Stephanie E. Chertok, Esquire and Cindy L. Hribal, Esquire, and avers the following in support of her Motion: 1. Plaintiff, Timothy M. McQuiston, filed a Complaint for Custody on April 18, 2008 requesting primary physical custody of the parties' two minor children. 2. A conciliation was held in front of Hubert X. Gilroy, Esquire on May 22, 2008. At that time, an agreement was reached to have shared physical custody during the summer and to schedule a custody hearing regarding primary physical custody during the school year. 3. A hearing was scheduled for August 8, 2008 at 9:OOA.M. in front of the Honorable M.L. Ebert, Jr. 4. The parties have reached an agreement regarding custody of their two minor children to generally consist of Plaintiff having primary physical custody and Defendant enjoying partial custody every other weekend and Wednesday evenings. 5. Both parties are in agreement with the request for a continuance and it is further requested that a hearing date not be rescheduled and either party be allowed to contact the Court to schedule a hearing if an agreement cannot be reached. WHEREFORE, Defendant respectfully requests this Honorable Court grant a continuance in this matter for the above stated reasons. Respectfully submitted: ephani . Chertok Attorney I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 05-2541 IN CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certify that a true and correct copy of Defendant's Motion for a Continuance was served this date on the below named attorney, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: James Miller, Esquire Miller Lipsitt, LLC Attorneys at Law 765 Poplar Church Road Camp Hill, PA 17011 Date: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION THERESA L. NASTELLI ) Order Number 00191 S 1998 Plaintiff ) VS. ) PACSES Case Number 454100053 TIMOTHY M. MCQUISTON ) Docket Number 00191 S 1998 Defendant ) Other State ID Number ORDER OF COURT 0 Final 0 Interim 0 Modified AND NOW, 12TH DAY OF AUGUST, 2008 based upon the Court's determination that the Payee's monthly net income is $ 1, 766.27 and the Payor's monthly net income is $ 2, 787.62 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit SIX HUNDRED ONE AND 00/100 Dollars ($ 6 o 1. o o ) a month payable MONTHLY as follows: first payment due IN ACCORDANCE WITH DEFENDANT'S PAY SCHEDULE. The effective date of the order is 06/15/08 . Arrears set at $ 1004. 00 as of AUGUST 12, 2008 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Birth Date CODY M. MCQUISTON ,Qji, 27/95,- .C= KATELYN M. MCQUISTON ?j(g17/9d' ?Cn rn --moo zoo w r*ti orn --i o p ? can W' Service Type M 0? F rm OE-518 Rev. 5 ee&0;*W0t1tV,1d 21105 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 454100053 Docket Number: 00191 S 1998 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. AUGUST 12, 2008 SUMMARY OF TRIER OF FACT Plaintiff Information THERESA L. NASTELLI Address: 53 TIPTOP CIR CARLISLE PA 17015-7779 Employer: CHURCH OF GOD STATE EXCUTIVE 0 PO BOX 717 4 TYLER CT CARLISLE PA 17013-7671 Attorney: CINDY L. HRIBAL, ESQ. Defendant Information TIMOTHY M. MCQUISTON Address: 316 S ENOLA DR ENOLA PA 17025-2809 Employer: JOHNS MOBILE REPAIR SERV 1511 E COMMERCE AVE CARLISLE PA 17013-9166 Attorney: JAMES A. MILLER, ESQ. ? Complaint for Support ® Petition for Modification Filed 06110108 ? Other Reason for Conference: DEFENDANT FILED DUE TO 50/50 SHARED CUSTODY Dependent(s) CODY M. MCQUISTON 01/27/95 KATELYN M. MCQUISTON 10/17/96 Current Order: $ 8 0 0.0 0 / per month - -2707 - -5236 Form CM-022 Rev.3 Service Type M Worker ID 21105 NASTELLI V. MCQUISTON PACSES Case Number: 454100053 Plaintiff Information Defendant Information Current Income: GROSS - $2,200.68/MO GROSS - $5,619.17/MO NET - $1,911.85/MO NET - $4,043.58/MO Tax Return: H/3 MARRIED/SEPARATE 1 Medical Coverage: N/A $79.17/WEEK 3 COVERED 2 OF ORDER Child Care/Tuition: N/A N/A Additional Obligations: N/A 1 CHILD Other Information: PLAINTIFF APPEARED REPRESENTED BY ATTORNEY CINDY HRIBAL. DEFENDANT APPEARED REPRESENTED BY ATTORNEY JAMES MILLER. PLAINTIFF'S INCOME WAS DETERMINED BY AN AVERAGE OF HER YEAR TO DATE EARNINGS FOR THE PAY PERIOD ENDING 07/19/08. DEFENDANT'S INCOME WAS DETERMINED BY AN AVERAGE OF HIS YEAR TO DATE EARNINGS FOR THE PAY PERIOD ENDING 08/04/08. HE ALSO REPORTED $9,004 IN IRA INCOME ON HIS 2007 TAX RETURN WHICH WAS INCLUDED AS INCOME. THE GUIDELINES WERE RUN AS A 50/50 SHARED CUSTODY SITUATION. Page 2 of 3 Form CM-022 Rev.3 Service Tvne m Worker ID 21105 NASTELLI V. MCQUISTON PACSES Case Number: 454100053 Other Information (continued): Facts A¢rpaLi Innn THE PARTIES REPORTED THAT DEFENDANT WILL HAVE PRIMARY PHYSICAL CUSTODY FOR THE SCHOOL YEAR. DEFENDANT FILED A COMPLAINT FOR SUPPORT AND THE PARTIES AGREED TO WAIVE THE SUPPORT CONFERENCE. A RECOMMENDATION WILL BE MADE ON 08/26/08 TO REFLECT THE CHANGE IN CUSTODY. Facts in Dispute and Contentions with Respect to Facts in Dispute: N/A Guideline Amount: $ 579.24 / MO DRS Recommended Amount: $ s 7 9.0 0 / MO DRS Recommended Order Effective Date: 06/15/08 Parties to be Covered by Recommended Order Amount: KATELYN AND CODY MCQUISTON Guideline Deviation: Q YES or ® NO Reason for Deviation: Submitted by: JENNIFER L. GIBBONEY Date Prepared: AUGUST 12, 2008 Page 3 of 3 Form CM-022 Rev.3 Service Type M Worker ID 2,1105 James Miller From: James Miller Sent: Thursday, August 07, 2008 6:30 PM To: 'stephanie spangler' Subject: McQuiston, Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA V. NO 45-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY Re: CHILDREN: Cody Merritt McQuiston, DOB 1/27/95 and Katelyn Marie McQuiston, DOB 10/17/97. Tim - I understand that you are meeting with East Pennsboro School District on August 8 2008 relative to enrolling the children for this upcoming school year that starts in approximately two weeks. The children are currently enrolled in Big Spring School District. I further realize that the new custody order granting you primary physical custody of the children has not been entered as of today, August 7 2008. Therefore, please be advised that East Pennsboro is free to contact Ms Nastelli's attorney directly at 249 1177, Cindy L Hribal Esquire, to confirm that the children are in your primary physical custody for the upcoming school year as well as me. Hopefully this will secure their enrollment without any further requirements pending the court's entry of a new order reflecting your primary physical custody status. We hope to have the new order in place within the next two weeks at the latest. James A Miller Esquire Miller Lipsitt LLC 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 phone (717) 737 5355 fax cc: Cindy L Hribal Esquire via facsimile Pe; AfN t N"/L ,OUR z V LL)LI/rI TIMOTHY M. MCQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM IN CUSTODY ORDER The plaintiff, Timothy M. McQuiston, hereinafter referenced as "Father," and Defendant, Theresa L. Nastelli, hereinafter referenced as "Mother," are hereby bound by the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children, Katelyn M. McQuiston, born October 17, 1996, and Cody Merritt McQuiston, born January 27, 1995, hereinafter referenced as "Children": 1. The best interest and continuing welfare of the Children would be best served with custody ordered as follows: (a) Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Children. (d) The exchange of custody to Mother of Cody Merritt McQuiston will be on June 10, 2007, at 6:00 p.m. &Y.,41plori) J" Al W (e) Father shall have periods of partial custody every other weekend from Friday at 6:00 p.m. until Sunday evening at 6:00 p.m. For the summer schedule only, Father would have the children from 6:00 p.m. on Friday until Sunday evening at 9:00 p.m. For Memorial Day and Labor Day, Father would have the children until 9:00 p.m. as well. (f) The Mother shall have the Children on Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have the Children on Father's Day from 9:00 a.m. to 8:00 p.m. 2. The parties will share or alternate custody of the children on the following holidays: (a) The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26, at 12:00 noon. Mother shall custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment B in even numbered years. (b) Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. (c) New Years Day: in even numbered years, the Father shall have custody of the children 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 children on 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 Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (e) Memorial Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. [See 1(e) for times] (f) Labor Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years, [See 1(e) for times] (g) July 4th: Mother and Father shall share the July 4th holiday with Mother in the odd numbered years having custody from July P at 6:00 p.m. until after the fireworks on July 4th and Father having custody from 6:00 p.m. on July P until after the fireworks on July 4th in the even numbered years. (h) Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 teat night is on different evenings, each shall be entitled to have custody of the children on his or her community trick or treat night. (I ) Holidays take precedence over the other provisions in this Stipulation. 3. The non-custodial parent shall have reasonable telephone contact to the Children while the Children are in the control of the custodial parent. 4. During the summer school break each year, Father shall have custody of the children for twenty-one (21) days for vacation upon providing two (2) weeks advance notice to Mother. However, Father's periods of custody under this provision shall not be scheduled to exceed seven (7) consecutive days. Father's periods of custody under this provision shall be in addition to his regular alternating weekend periods of custody. Mother shall provide at least two (2) weeks advance notice to Father of any vacation plans for the children so that Father can schedule his periods of his custody under this provision accordingly. 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. 5. 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 residences unless the parties agree otherwise. 6. In the event that either party intends to remove the children 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 children can be contacted. 7. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Children's parents in front of the Children. 8. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality and/or agreement of the parties. BY THE COURT: T" . M.L. Ebert, Jr., J. bRTE . \-jwje 2I, 2007 .. ?,; D . ,. I.-A 05,-31-'07 12;19 FROM-BOMINGEB & ASSOC 7172416878 T-183 P006/009 F-644 TIMOTHY M. McQUISTON, Plaintiff V. THERESA L, NASTELLI, Defendant C C= C= 0 -n L C-- , rn, -r-. R = {_.' . ? ... y r y : IN THE COURT OF COMMON PLE40F c-n : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 05-2541 CIVIL TERM IN CUSTODY STIPULATION REGARDING CUSTODY/VISITATION The plaintiff, Timothy M. McQuiston, hereinafter referenced as "Father," and Defendant, Theresa L. Nastelli, hereinafter referenced as "Mother," are hereby bound by the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children, Katelyn M. McQuiston, born October 17, 1996, and Cody Merritt McQuiston, born January 27, 1995, hereinafter referenced as "Children": 1. The best interest and continuing welfare of the Children would be best served with custody ordered as follows: (a) Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and 05-31-'07 12:19 FROM-ROMINGER & ASSOC 7172416878 T-183 P007/009 F-644 other providers. (c) Mother shall have primary physical custody of the Children. (d) The exchange of custody to Mother of Cody Merritt McQuiston will be on June 10, 2007, at 6:00 p.m. (e) Father shall have periods of partial custody every other weekend from Friday at 6:00 p.m. until Sunday evening at 6:00 p.m. For the summer schedule only, Father would have the children from 6:00 p.m. on Friday until Sunday evening at 9:00 p.m. For Memorial Day and Labor Day, Father would have the children until 9:00 p.m. as well. (f) The Mother shall have the Children on Mother's Day from 9:00 a.m. to 8:00 p.m. and the Father shall have the Children on Father's Day from 9:00 a.m. to 8:00 P.M. 2. The parties will share or alternate custody of the children on the following holidays: (a) The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26, at 12:00 noon. Mother shall custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment B in even numbered years. (b) Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. (c) New Years Day: in even numbered years, the Father shall have custody of the children 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 children on 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 Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. (e) Memorial Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. [See 1(e) for times] 05:-31-'07 12:19 FROM-BOMINGER & ASSOC 7172416878 T-183 P008/009 F-644 (f) Labor Day: Mather and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. (See 1 (e) for times] (g) July 4th: Mother and Father shall share the July 4th holiday with Mother in the odd numbered rears having custody from July 3 at 6:00 p.m. until after the fireworks on July 4t and Father having custody from 6:00 p.m. on July 3rd until after the fireworks on July 4th in the even numbered years. (h) Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 teat night is on different evenings, each shall be entitled to have custody of the children on his or her community trick or treat night. Holidays take precedence over the other provisions in this Stipulation. 3. The non-custodial parent shall have reasonable telephone contact to the Children while the Children are in the control of the custodial parent. 4. During the summer school break each year, Father shall have custody of the children for twenty-one (21) days for vacation upon providing two (2) weeks advance notice to Mother. However, Father's periods of custody under this provision shall not be scheduled to exceed seven (7) consecutive days. Father's periods of custody under this provision shall be in addition to his regular alternating weekend periods of custody. Mother shall provide at least two (2) weeks advance notice to Father of any vacation plans for the children so that Father can schedule his periods of his custody under this provision accordingly. 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. 5. Unless otherwise provided in this order or agreed between the parties, the party 05-31-'07 12:20 FROM-ROMINGER & ASSOC 7172416878 T-183 P009/009 F-644 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 residences unless the parties agree otherwise. 6. In the event that either party intends to remove the children 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 children can be contacted. 7. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Children's parents in front of the Children. 8. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality and/or agreement of the parties. 9ima Theresa Nastelli MAP406A ? Michael 0. Palermo, r., Esquire 01 Timothy Quiston da A. M' or, Esquire TIMOTHY M. MCQUISTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW "THERESA L. NASTELLI, NO. 2005-2541 Defendant IN CUSTODY COURT ORDER AND NOW, this 994A-day of _ , 2008, upon consideration of the attached Custody Conciliation Report, it is orde ed and directed as follows: 2. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the 4k- day of _?.s}- , 2008, at 9.'3 6 IQ . in. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed with the Court at least five days prior to the mentioned hearing date. Pending further Order of this Court, this Court's prior Order of June 21, 2007, shall remain in place subject to the following modification: A. During the upcoming summer months and pending the hearing set forth above, physical custody of the children shall be shared on a week on/week off basis. Exchange of custody shall be on Sunday evenings at 8:00 p.m. unless agreed otherwise by the parties. The first week of the summer shall commence Sunday, June 8`h with mother getting custody that evening and father's first week starting Sunday, June 15`h. This provision shall supercede the prior Order relative to summer vacation, etc. BY THE COURT, W L. Ebert, Jr., Judge cc: ?fF i. ?SSa Y ti Cindy L. Hribal Esquire od James A. Miller, Esquirex VIA V (ys IA V w r I TIMOTHY M. MCQUISTON, Plaintiff VS. THERESA L. NASTELLI, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2005-2541 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cody Merritt McQuiston, born January 27, 1995 Katelyn Marie McQuiston, born October 17, 1997 2. A Conciliation Conference was held on May 22, 2008, with the following individuals in attendance: The father, Timothy M. McQuiston, with his counsel, James A. Miller, Esquire, and the mother, Theresa L. Nastelli, with her counsel, Cindy L. Hribal, Esquire. 3. The mother currently has primary custody of the minor children. Father is suggesting the children have indicated a preference to go to live with him. Father is also suggesting that there may be some issues with respect to how the children do in school while they're living with the mom. The mother suggests the children need to stay with her for stability reasons and that the schooling issues are not a problem at this time. The parties are unable to agree and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: May , 2008 Z?4 N d-/ Hubert X. Gilroy Esquire Custody Conci 'ator Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 05-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER The plaintiff, Timothy M. McQuiston, hereinafter referenced as "Father," and Defendant, Theresa L Nastelli, hereinafter referenced as "Mother," are hereby bound by the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children, Katelyn M McQuiston, born October 17, 1996, and Cody Merritt McQuiston, born January 27, 1995, hereinafter referenced as "Children": 1. The best interest and continuing welfare of the Children would be best served with custody ordered as follows: a. Mother and Father will share legal custody of Children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. b. As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 2. Father shall have primary physical custody of the Children. 3. Mother shall have periods of partial custody every other weekend from Friday at 6:00 p.m. until Sunday evening at 6:00 p.m. and every other Wednesday evening during the school year from 5 p.m. from Father's home until 7:00 p.m. to be returned. 4. The Mother shall have the Children on Mother's Day from 9:00 am, to 8:00 p.m. and the Father shall have the Children on Father's Day from 9:00 am, to 8:00 p.m. 5. The parties will share or alternate custody of the children on the following holidays: a. The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day until 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26, at 12:00 noon. Mother shall have custody of the children during Segment A in even numbered years and during Segment B in odd numbered years. Father shall have custody of the children during Segment A in odd years and Segment B in even numbered years. b. Thanksgiving: In even numbered years Father shall have custody of the children on Thanksgiving Day from 9:00 am, until 8:00 p.m. and in odd numbered years Mother shall have custody of the children on Thanksgiving Day at the same times. c. New Years Day: in even numbered years, the Father shall have custody of the children from New Years Eve 6:00 p.m. through New Years Day at 8:00 p.m. In odd numbered years, the Mother shall have custody of the children from New Years Eve at 6:00 p.m. 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 Friday before Easter at 6:00 p.m. through Easter Sunday at 8:00 p.m. The Mother shall have custody of the children over Easter in even numbered years and the Father shall have custody of the children over Easter in odd numbered years. e. Memorial Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. f. Labor Day: Mother and Father shall alternate custody from year to year, with Mother having custody in even numbered years and Father having custody in odd numbered years. g. July 4th: Mother and Father shall share the July holiday with Mother in the odd numbered years have custody from July 3rd at 6:00 p.m. until after the fireworks on July 4th and Father having custody from 6:00 p.m. on July 3 until after the fireworks on July 4 in the even numbered years. h. Halloween trick or treat night: Father shall have custody of the children for trick or treat night in even numbered years and Mother shall have custody of the children 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 teat night is on different evenings, each shall be entitled to have custody of the children on his or her community trick or treat night. i. Holidays take precedence over the other provisions in this Stipulation. 6. The non-custodial parent shall have reasonable telephone contact to the Children while the Children are in the control of the custodial parent. 7. During the summer school break each year, Mother shall have custody of the children for twenty-one (21) days for vacation upon providing two (2) weeks advance notice to Father. However, Mother's periods of custody under this provision shall not be scheduled to exceed seven (7) consecutive days. Mother's periods of custody under this provision shall be in addition to her regular alternating weekend periods of custody. Father shall provide at least two (2) weeks advance notice to Mother of any vacation plans for the children so that Mother can schedule her periods of her custody under this provision accordingly. Mother 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. 8:00 p.m. shall be the return time on Sunday evenings during the summer. 8. 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 residences unless the parties agree otherwise. 9. In the event that either party intends to remove the children 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 children can be contacted. 10. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Children's parents in front of the Children. 11. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality and/or agreement of the parties. BY THE COURT M.L. Ebert, JR., J a y FAX COVER SHEET Stephanie E. Chertok, R.N., Esq. -ATTORNEY AT LAW- 61 West Louther Street Carlisle, PA 17013-2936 PHONE: (717) 249-1177 FAX: (717) 249-4514 E-MAIL: spotlight@pa.net DATE: August 19, 2008 TO: James NUIer, Esquire PHONE: FAX: 717-763.5600 Number of pages including this cover sheet: 4-3 RE: McQuiston v. Nastelli Dear James: Following is our requested changes to the proposed custody order. Please discuss them with your client and let me know If they are agreeable. Thank you. Very truly yours, Cindy L. Hribal, Esquire NISLI THISFAX IS INTENDED ONLY FOR THE PERSON WHOSE NAD N6? THIS COVER SHEET. IF IT HAS REACHED A WRONG NUMMER, PLE E CALLAND NOTIFY US, THEN PLEASE DESTROY THE FAX. 1" 4;/ If #Pf/ k . Stephanie E. Chertok, R.N., Esq. AT MRNBY AT LAW 61 West Louther Street Carlisle, PA 17013-2936 August 19, 2008 James Miller, Esq. Miller Lipsitt, LLC 765 Poplar Church Camp Igill, PA 17011 Sent Via Fax: 717-763-5600 RE: McQuiston v. Nastelli No. 052541 Dear James: (717) 249-1177 FAX (717) 249-4514 I am in receipt of the proposed Custody Order. After reviewing the Order, my client is requesting the following changes: Paragraph 3: Mother shall have periods of partial custody every other weekend from Friday after school until Sunday evening at 6:00 p.m. and one evening every week during the school year from after school until 8:00 p.m. The evening during the week shall be chosen by Mother, and Father shall be informed of such evenings at least forty-eight hours (48) in advance. Paragraph 4: On years that Mother is working on Mother's Day, Mother shall have the children from 3:30 p.m. until 8:00 p.m. When Mother is not working on Mother's Day, she shall have the children from 9:00a.m. until 8:00p.m. The Father shall have the children on Father's day from 9:00a.m. until 8:00 p.m. Paragraph 5 (a): The Christmas holiday shall be divided into segment (a), which shall run from Christmas Eve at 4:30 p.m. until Christmas day at 4:00 p.mI and segment (b), which shall run from Christmas day at 4:00 pm. until December 26 at 4:30 p.m. Mother shall have custody of the children during segment (a) in even numbered years and segment (b) in odd numbered years. Father shall have custody of the children during segment (a) in odd numbered years and segment (b) in even numbered years. The rest of the school break during the Christmas holiday shall be split between the Mother and Father. Scheduling for the remainder of the school break shall be determined when the parties are in receipt of the school calendar. Paragraph 5(b): Thanksgiving: In even numbered years, Father shall have custody of the children Thanksgiving Day from 9:00 a,m. until 8:00 p.m., and in odd numbered years, Mother shall have custody of the children for the same times. The N rest of the Thanksgiving school break shall be split between Mother and Father. Scheduling for the remainder of the school break shall be determined when the parties are in receipt of the school calendar. Paragraph 7: During the summer school break each year, the parties shall enjoy shared custody of the children on a week on week off basis. Paragraph 8: All school breaks shall be split evenly between Mother and Father. Scheduling for the school breaks shall be determined when the parties are in receipt of the school calendar. Please review these changes with your client and let me know if they are agreeable. I look forward to hearing from you. Thank you. cc: Theresa Nastelli Very truly yours, MILLER LIPSITT LLC Attorneys at Law 765 Poplar Church Road, Camp Hill, PA 17011 1 p (717) 737-6400 fax (717) 737-5355 1 james@paatlaw.com Friday, August 22, 2008 Cindy L Hribal Esquire Stephanie E Chertok R.N. Esquire 61 West Louther Street Carlisle PA 17013-2936 Re: McQuiston/Nastelli Dear Cindy: I started writing this on Wednesday and since then more events have occurred so, it's just as well that the letter didn't get out to you prior to my receiving the new information. I had a chance to sit with Mr. McQuiston on Wednesday relative to your August 19th letter. I am disappointed with your requests for changes given the fact that my proposed order is essentially a reversal of the order in place while your client had primary custody. What would have made more sense than to simply flip the deal and move on quickly? Instead, we are looking at minutiae. Regardless, please be advised as follows: Paragraph 3 - the kids must be picked up at Tim's home at 6:00 p.m. and not after school at the school. This is for Friday pick-ups as well as Wednesday nights. We can't agree to the 48 hour request. I know that you haven't been in this case very long but I can tell you that your client's adherence to time is not her forte. Paragraph 4 - We will agree to your suggested revision Paragraph 5a - no; keep it as it was. Paragraph 5b - no; again, keep it the way it was. Paragraph 7 - no; she can have the 21 days like Tim had in the previous order. New Paragraph 8 - no again. rs le 14,* *?,* r , ? to/ vr/,'L L_/O %? floe /to Hit we * MILLER LIPSITT LLC Attorneys at Law T McOuiston August 22. 2008 re: McQuiston/Nastelli Let me point out that your client's requests are not really consistent with where I thought we would be by now as I am certain you can imagine and understand. Kindly confirm that we can have this order in place immediately along the lines indicated above coupled with the proposed order submitted to you almost 2 weeks ago. With regard to this weekend, I understand that the children will be in your client's care starting tonight and she will return them on Sunday at 6:00 P.M. Please confirm that there is no confusion that they will be with Tim next weekend. As you can imagine, my client is completely fed up with the status of the stipulation. I absolutely agree with him. We need this wrapped up completely and right away. I appreciate your attention. * Stephanie E. Chertok, R.N., Esq. ATTORNEY AT LAW 61 West Louther Street Carlisle, PA 17013-2936 James Miller, Esq. Miller Lipsitt, LLC 765 Poplar Church Camp Hill, PA 17011 Sent Via Fax: 717-763-5600 RE: McQuiston v. Nastelli No. 05-2541 Dear James: August 22, 2008 (717) 249-1177 Fax (717) 249-4514 I am in receipt of your correspondence from earlier today. I am disappointed to say that we do not have an agreement. My client does not wish to simply "flip the deal" and agree to the amount of visitation that suited your client. Also, visitations during summer vacation and school breaks are not small details and my client is not agreeing to anything she is not comfortable with. If your client can not, at the least, agree to split custody during school and summer vacations and to an after school at school pick up time, then I believe we will have to move forward with a hearing and we will keep the current custody order in effect until such time. Therefore, this letter is to notify you that my client will retain custody of the children and will be enrolling them back in Big Spring School District this coming Monday. Further, please notify your client that his wife is to not contact my client under any circumstances. Mrs. McQuiston apparently called my client and screamed at her, in front of the children, because the children had not brought every item of clothing they own with them from my client's house. This is not acceptable and will not be tolerated. If something needs to be discussed or dealt with Mr. McQuiston can call my client, or it can be dealt with through the attorneys. My client is also fed up with the status of this stipulation. Her requests are not unreasonable in the least. Thank you and I look forward to hearing from you. Very truly yours, cc: Theresa Nastelli Cindy L. Hribal, Esquire flf?ilP/Tg #Yw k#V Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 05-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that a copy of the foregoing petition has been served upon the following person(s) in the following manner: Date: Monday, August 25, 2008 HAND DELIVERED Cindy L Hribal Esquire Stephanie E Chertok R.N. Esquire 61 West Louther Street Carlisle PA 17013-2936 Respectfully submitted, MILLER LIPSITT LLC James A. Miller, squire 765 Poplar C rch Road Camp Hill A 17011 (7171,757-6400 L"? ?`J ?, 1 ? ?y _ . i r"? r _,? (?.? {„? ? .? ! +_? -? ? ? _ , ?v.1 Jam, - . ? ' , Y .? ? STEPHANIE E. CHERTQK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-8749 Attorneys for Defendant TIMOTHY M. McQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 5c?' No. CIVIL TERM 6?- a IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW COMES, Defendant, Theresa L. Nastelli, by and through her attorneys, Stephanie E. Chertok, Esquire and Cindy L. Hribal, Esquire, and respectfully avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Although, Mother agreed that Father would have primary physical custody of the children, both parties were aware that Mother's visitation scheduled needed to be agreed upon. No Agreement or Order has been signed granting Father primary physical custody of the minor children. 5. Admitted. Further, Mother's Motion for Continuance also averred that if an Agreement cannot be reached, either party would be allowed to contact the court to schedule a hearing. Please see Plaintiffs exhibit (A). 6. Admitter. However, it was contemplated that Father would be agreeable to Mother's reasonable requests for her visitation schedule, which he has not been. 7. Admitted and Denied. It is admitted that the children would like to live with their Father, however, it is denied thatlthe children will do so at all costs. Further, the children are minor children and cannot fully (determine what is fully in their best interest. 8. Admitted. Although Father has enrolled children in East Pennsboro School District that does not immediately dictate that the minor children must attend that school district. Mother is re- enrolling the children in the Big Spring School District, where they both attended school last year, and Father can inform East Pennsboro School that the minor children will not be attending immediately. 9. a) Denied. Mother has not reneged on the Agreement entirely, but has declined to hand over primary physical custody to Father until she has a visitation schedule that is acceptable to her worked out; b) Admitted. Father was notified on Friday, August 22, 2008 that Mother would be retaining custody of the children as stated in the most recent Custody Order; c) Denied. Mother is enrolling children in the Big Spring School District today, Monday, August 25, 2008, in order for them to start school on Tuesday, August 26, 2008. 10. Denied. Mother did not unilaterally alter the parties Agreement and did not alter her representations made directly to the court. Father is being obstructive and is refusing the reasonable visitation Mother has requested. Further, in Mother's Motion for a Continuance, the final paragraph averred that if the parties could not reach an Agreement, either party could contact the Court to schedule a hearing. 11. a) Denied. Father may contact East Pennsboro School District and the district and inform them that the minor children will not be attending the school until further notice. b) Denied. Mother has not caused any chaos in the lives of the children and, if there is any chaos, it is being caused by Father who is trying to force a visitation schedule on Mother which she is not comfortable with; C) Denied. Mother is not deliberately exercising in bad faith and believes that Father is the one doing so, due to the fact that he is refusing a reasonable request for a visitation schedule; d) Denied. It is Father who is only trying to satisfy his own needs without any regard to the health, education and/or welfare to the children in that he is trying to obstruct reasonable visitation between the minor children and their mother; e) Denied. Mother is not exercising poor judgment and is unwilling to sign over primary physical custody until her visitation is agreed upon; f) Denied. Mother has not created unnecessary drama and in fact believes Father has created unnecessary drama by not allowing reasonable visitation between the minor children and Mother; g) Denied. Mother has not caused Father to incur substantial fees, costs, and expenses, and in fact, Mother has incurred fees, costs, and expanses herself due to Father's obstructive behavior. 12. Admitted. Mother, however, will not sign a custody agreement until her visitation with her minor children is agreed upon between the parties or heard by this Court. 13. Admitted. 14. Admitted. Mother is not in agreement with the visitation that Father had during her time of primary physical custody and believes Father is being obstructive by trying to force that time upon her instead of agreeing to the reasonable amount of visitation she is requesting. 15. Admitted. Mother is still in agreement that Father have primary physical custody of the minor children, however she is not willing to sign custody over until she has an agreed upon visitation schedule. Mother and Father do not have a good relationship and it is anticipated that Father will unnecessarily keep Mother from her minor children. 16. Admitted. Mother has made reasonable requests for an increase in her visitation time with the minor children. Father has unreasonably refused any increase and is expecting Mother to agree to sign custody over to Father without having a suitable visitation schedule with her children. 17. Admitted. Father responded to Mother advising that only one of the requested changes was acceptable and that was a change that lessened the hours Mother spent with her minor children on a certain day. Any change which increased Mother's visitation time with the children was denied without any explanation or reason. 18. Admitted. Mother is not comfortable and will not sign an agreement for Father to have primary physical custody until a visitation schedule can be agreed upon or until this matter is heard by the Court. 19. Admitted and denied. It is admitted that Mother's letter of August 22, 2008, states that she intends to maintain primary physical custody. It is denied that Mother's letter "simply" states that she does not agree with Father's proposed visitation schedule, but instead informs Father that she will not sign any custody agreement until visitation is worked out between them or heard by the Court, which Mother's Motion for a Continuance contemplated. 20 a-c. Denied. Mother is still in agreement that Father shall have primary physical custody of the minor children, however, there is no signed agreement yet regarding physical custody and Father is being unreasonable regarding visitation with Mother. Mother denies that this is an emergency to which the Court needs to enter an immediate Order reflecting the verbal agreement between Mother and Father of which the details were still being worked out. Until that time, Mother is requesting that the current Custody Order stay in effect and a hearing be scheduled to determine Mother's visitation since the parties' is so volatile that is seems they will not be able to work out an agreement themselves. 21. Denied. Awarding Father his relief requested will jeopardize and compromise Mother's interest in that she will have no visitation schedule in place except that of which Father believes is acceptable. 22. Denied. Not awarding Father his relief requested will not immediately jeopardize the academic future of the minor children. Further, Mother does not ignore the academics of the children and is currently in ensuring that the children will be enrolled in the Big Spring School District in order to start school tomorrow, August, 26, 2008. 23. Admitted. It is admitted that this Honorable Court has the authority to grant the relief requested herein, however, Mother is requesting that this Honorable Court does not grant the relief requested due to the fact that this is not a true emergency and should be dealt with in a hearing which was contemplated by Mother's Motion for a Continuance. WHEREFORE, Mother respectfully requests this Honorable Court to schedule a hearing in order to determine visitation of the minor children and Mother and, in the interim, keep the Custody Order from June 21, 2007 in full force and effect. Respectfully submitted: (717) 249-1177 Attorneys for Plaintiff Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 VERIFICATION I, Cindy L. Hribal, Esquire, verify that the facts included in the within Petition are true and correct based on information known to me or received by reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: c? TIMOTHY M. McQUISTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW No. CIVIL TERM THERESA L. NASTELLI, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, hereby certifies that a copy of the forgoing petition has been served upon the following person(s) by fax and by first class mail, postage prepaid, upon the following attorneys: Miller Lipsitt, LLC James A. Miller, Esquire 765 Poplar Church Road Camp Hill, PA 17011 (717)737-6400 ?' ? ??:? i": ;? :; ? r-W Y`? 4.JY 'T? ?? L*? .j ..., .ice ?M? r, ?+? TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY IN RE: EMERGENCY RELIEF FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25th day of August, 2008, upon consideration of Father's Emergency Petition for Special Relief and the Mother's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that: 1. Timothy M. McQuiston shall have primary physical custody of the minor children; 2. The minor children, Cody Merritt McQuiston, DOB: 1/27/95 and Katelyn Mari McQuiston, DOB: 10/17/96 shall be enrolled in East Pennsboro School District at this time pending further order of court. 3. A hearing is scheduled for Wednesday, October 1, 2008, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania for the purposes of determining Mother's periods of partial custody including holidays and summer vacation; 4. Pending said hearing, Mother shall be granted periods of partial custody as follows, A. Alternating weekends, beginning the weekend of September 5, 2008. Each weekend will commence at 6:00 p.m. Friday through 6:00 p.m. Sunday. B. Unless otherwise agreed upon between the parties, the party relinquishing custody of the children shall be responsible to provide transportation for the exchange of 7ct t 1! 1.\w ?d?V a t per„ I C Wd GZ 90Y gogZ custody. Exchanges of custody shall take place at the respective residences unless the parties agree otherwise. James Miller, Esquire Attorney for Plaintiff Cindy Hribal, Esquire Attorney for Defendant bas By the Court, TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL THERESA L. NASTELLI, CIVIL ACTION -LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 7th day of October, 2008, after status conference with counsel in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children, Cody Merritt McQuiston, born January 27, 1995, and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his 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 children including, but not limited to, medical, dental religious or school records, the residence address of the children and of 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. All decisions affecting the children's growth and development including, but not limited to choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and ?N 1 N NE P,®:1I WV L-1310 HE t religious, shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. II. Physical Custody: Custody of the children will be governed by the following schedule: A. SCHOOL YEAR 1. Father shall have primary physical custody of the children. 2. Mother shall have physical custody of the children on: a. Alternating weekends beginning the weekend of October 3, 2008. Each weekend will commence at 6:00 p.m. Friday through 6:00 p.m. Sunday. Unless otherwise agreed upon between the parties, the party relinquishing custody of the children shall be responsible to provide transportation for the exchange of custody. b. Each Tuesday at 3:30 p.m. until 7:30 p.m. Mother shall pick up the children at the Father's residence and deliver them to the Father's residence after the visit. c. Long Holiday Weekends - Mother shall have custody of the children for the following long holiday weekends: (1) From 6:00 p.m. October 10, 2008, until 6:00 p.m. October 13, 2008; (2) From 6:00 p.m. January 16, 2009, until 6:00 p.m. January 19, 2009; (3) From 6:00 p.m. February 13, 2009, until 6:00 p.m. February 16, 2009. d. Major Holidays: (1) Thanksgiving: In even numbered years, Father shall have custody of the children from after school on the Wednesday prior to Thanksgiving until 2:00 p.m. on Thanksgiving Day. Mother shall then have custody from 2:00 p.m. until 6:00 p.m. on Friday at which time the normal alternating weekend schedule will control. In odd numbered years, Mother shall have custody of the children from after school on the 2 Wednesday prior to Thanksgiving until 2:00 p.m. on Thanksgiving Day. Father shall then have custody from 2:00 p.m. until 6:00 p.m. on Friday at which time the normal alternating weekend schedule will control. (2) Christmas: In even numbered years, Mother shall have custody of the children from after school the last day of school before the Winter Holiday until 2:00 p.m. Christmas Day. Father shall then have custody from 2:00 p.m. Christmas Day until 6:00 p.m. December 31, 2008. Mother shall then have custody from 6:00 p.m. December 31, 2008, until 6:00 p.m. the evening of the day preceding the first day of school in the New Year. In odd numbered years, Father shall have custody of the children from after school the last day of school before the Winter Holiday until 2:00 p.m. Christmas Day. Mother shall then have custody from 2:00 p.m. Christmas Day until 6:00 p.m. December 31. Father shall then have custody from 6:00 p.m. December 31, until 6:00 p.m. the evening of the day preceding the first day of school in the New Year. (3) Easter (Spring Break): In even numbered years, Father shall have custody of the children from after school on the prior to spring break until 12:00 noon on the Saturday of the Spring Break. Mother shall then have custody from 12:00 noon on the Saturday of Spring Break until 6:00 p.m. on the evening before the resumption of school. In odd numbered years, Mother shall have custody of the children from after school on the prior to spring break until 12:00 noon on the Saturday of the Spring Break. Father shall then have custody from 12:00 noon on the Saturday of Spring Break until 6:00 p.m. on the evening before the resumption of school. B. SUMMER RECESS Beginning on the first Sunday after the last day of school, Mother shall have custody of the children from 6:00 p.m. Sunday evening until 6:00 p.m. the next Sunday evening at which time the Father shall have custody for the next week. The Parties will 3 then alternate their periods of physical custody week on/week off. Father shall resume primary physical custody at 6:00 p.m. on the Sunday prior to the beginning of the 2009 - 2010 school year. III. Other: A. Telephonic Contact: The children shall have liberal and regular telephonic contact with the non-custodial parent. B. Nonalienation: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. C. Timeliness: All parties are expected to be punctual with regard to the delivery or pick up of the children. D. Schedule Notification: Father will supply Mother with an accurate schedule of the children's extra curricular activities and medical appointments on or before the last business day of each month for activities and appointments for the following month. This schedule will be delivered to the Mother by email in order to allow all parties to have an accurate record. Any changes to the schedule will be provided to Mother by email within 2 hours of the Father becoming aware of the change. By the Court, James Miller, Esquire Attorney for Plaintiff -,Cindy Hribal, Esquire Attorney for Defendant 1.:0 t f..S rr?.? c t?c4J { to j??osg A,_ M. L. Ebert, Jr., J. - N? bas 4 Timothy M McQuiston, Plaintiff/Petitioner V. Theresa L Nastelli, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY October 7, 2008, CUSTODY ORDER NOW COMES PLAINTIFF/PETITIONER, Timothy M McQuiston, by and through his attorneys, Miller Lipsitt LLC and James A Miller, Esquire, and respectfully requests that your Honorable Court modify the existing custody order and for reasons therefore states: 1. The Plaintiff/Petitioner, Timothy M McQuiston ("Father"), is an adult individual and the natural father of the subject minor children, residing with his wife, Stephanie, and the subject two (2) minor children at 316 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant/Respondent, Theresa L Nastelli ("Mother"), is an adult individual and the natural mother of the subject minor children, residing at 28 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania, with an adult male, namely Abel Sebers (sp?). 3. The subject minor children of this proceeding are Cody Merritt McQuiston, DOB 1/27/95 and Katelyn Marie McQuiston, DOB 10/17/97. 4. The parties have been through numerous custody proceedings relative to their children including conciliation and a hearing before your Honorable Court. 5. The most recent custody proceeding resulted in a custody order being entered on October 7, 2008, wherein Father obtained primary physical custody of the minor children with rights to partial custody in Mother (attached hereto as Exhibit A is a true and correct copy of the October 7, 2008, custody order). 6. Since the entry of said Order, Mother has consistently failed to wholly comply with the terms and conditions as set forth therein and further, has failed to consider the best interests of the minor children when exercising judgment and decisions relating to the children. 2 7. Examples of the foregoing include, but are not limited to: a. Most recently, on Sunday May 17, 2009, Mother chose to align herself with her paramour, Abel Sebers, pitting her son, Cody, in a defenseless and exposed position. Cody was scheduled to attend a wrestling picnic at Adams Ricci Park in East Pennsboro Township on Sunday, May 17th, and Mother had been notified of this event 7 days prior thereto by Father. On May 17th, Mother told Cody that she was not going to drive Cody to Adams Ricci Park in the morning and then again, return to East Pennsboro to drop Cody off at Father's for the custody exchange that evening. Mother told Cody to contact his Father to see if he would take Cody to the picnic whereupon Father said he'd be right over to pick up Cody. In the interim Mr. Sebers, and it is believed and therefore averred that Mother participated as well, began haranguing Cody about Father being "Super Dad." Mother's inability to control Mr. Sebers and his behavior towards Cody as well as Mother's own immaturity ultimately resulted in criminal charges having been brought against Cody as indicated by the following: CARLISLE SENTINEL By staff reports, May 18, 2009, 7:34 AM EDT A 14-year-old boy was charged with terroristic threats, simple assault, criminal mischief and harassment via the county's juvenile probation department after an incident at 10:30 a.m. Sunday, according to state police at Carlisle. The boy was in the first block of Tip Top Circle in Lower Frankford Township when he and two adults were involved in an argument that "escalated out of control," police said. The boy is accused of threatening the life of one of the adults and kicking the other, then denting a fender by kicking it with his foot, according to police. It is abundantly evident that Mother's interests and judgment is geared to her own happiness over that of the minor children. While in her custody and control, the children face greater danger than if left alone. b. While there have been many tumultuous events between Mother and the children, in early to mid November 2008, charges were lodged and a guilty verdict rendered against Mother for an incident that again involved Mother, Mr. Sebers, and the children at Friendly's restaurant located at Market Street and the By-Pass in Camp Hill, Cumberland County, PA; 3 c. It is believed and therefore averred that Mother continues to drive as an unlicensed person violating the laws of the Commonwealth of Pennsylvania and moreover, subjects the children to dangerous conditions due to her failure to be licensed; d. Since entry of the October 7, 2008, Order, Mother has only picked up the children approximately four (4) separate times on her weekly, Tuesday evening visits (approx 7 months) per section II A 2b of the Order; e. The school, long holiday weekend schedule set forth in Section II A 2c reverted to the prior arrangement between the parties because of Mother's work schedule, rather than Mother changing her work schedule and following through with the schedule as set forth by the Court in the Order. 8. Father has cooperated with Mother with regard to her interest in changing the long holiday weekends. However, Mother's inconsistency on Tuesday evenings has been impossible for Father and the children to deal with in light of schooling and extracurricular activities as well as Father's work schedules. More importantly, Father cannot idly sit back and ignore Mother's poor parental judgment displayed in conjunction with her allegiance to Mr. Sebers which clearly results in harm to the children in some fashion, whether physical, suffering academically, being unable to participate in school activities and/or sports, or through criminal charges. 9. If Mother were concerned about her children's health and welfare over that of Mr. Sebers, police would not be involved in the lives of the children. 10. A prime example of such unnecessary police involvement is this past weekends wrestling picnic. Mother's failure to put her children first resulted in Cody being charged with a crime and Mr. Sebers continuing to live with Mother unfettered. 11. An enormous amount of evidence has been generated over the years in this case that shows that Cody is a good student, active in sports and extracurricular activities and has the makings to become a fine young man. The only disruption that periodically occurs in his progression is through Mother's creations. These disruptions ultimately and unnecessarily taint Cody's overall character and progress. Mother's own, selfish interests are now put ahead of her children's interests and she even risks having a criminal record being put in place against her son rather than trying to protect him and his future. Instead of assisting Cody, Mother hinders his progress by creating more obstacles. Her impediments come in many forms including Mr. 4 Sebers presence. Consequently, the minor children, Cody as well as Katelyn, have no interest in being in Mother's presence. 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested because Mother has engaged in a course of conduct that is void of good, parental judgment and only serves to destroy the healthy maturation of her children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Father respectfully requests that the court modify the existing October 7, 2008, Custody Order and revise Mother's current custodial periods to a limited, supervised basis if any, pending a professional assessment that indicates more time with the children is warranted and such time at some point to include unsupervised periods. Respectfully submitted, MILLER L ITT LLC James A. MIriler, Esquire 765 Poplar Church Road Catfip Hill, PA 17011 (717) 737-6400 VERIFICATION I verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 40 4,9 L2?? - Timothy McQuisto 5 Timothy M McQuiston, Plaintiff V. Theresa L Nastelli, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, James A. Miller, hereby certify that I have on the date indicated below and the manner so indicated forwarded a copy of the foregoing document to the party so indicated. Date: Tuesday, May 19 20009 UNITED STATES FIRST CLASS MAIL AND EMAIL Nastelli7@aol.com Teresa L Nastelli 28 Betty Nelson Court, Carlisle, Pennsylvania 17013 James iller, Esquire 76 oplar Church Road amp Hill, PA 17011 Attorney for Plaintiff (717) 737 6400 6 TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL THERESA L. NASTELLI, CIVIL ACTION -LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 7"' day of October, 2008, after status conference with counsel in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Leaai Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children, Cody Merritt McQuiston, born January 27, 1995, and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his 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 children including, but not limited to, medical, dental religious or school records, the residence address of the children and of 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. All decisions affecting the children's growth and development including, but not limited to choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and 46a #.* Irl r 0* ?lll?ir' r'? t7, 1? t ,_ Q;Nno s 0 :11 WV L-1310 OOOZ religious, shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. II. Physical Custody: Custody of the children will be governed by the following schedule: A. SCHOOL YEAR 1. Father shall have primary physical custody of the children. 2. Mother shall have physical custody of the children on: a. Alternating weekends beginning the weekend of October 3, 2008. Each weekend will commence at 6:00 p.m. Friday through 6:00 p.m. Sunday. Unless otherwise agreed upon between the parties, the party relinquishing custody of the children shall be responsible to provide transportation for the exchange of custody. b. Each Tuesday at 3:30 p.m. until 7:30 p.m. Mother shall pick up the children at the Father's residence and deliver them to the Father's residence after the visit. c. Long Holiday Weekends - Mother shall have custody of the children for the following long holiday weekends: (1) From 6:00 p.m. October 10, 2008, until 6:00 p.m. October 13, 2008; (2) From 6:00 p.m. January 16, 2009, until 6:00 p.m. January 19, 2009; (3) From 6:00 p.m. February 13, 2009, until 6:00 p.m. February 16, 2009. d. Major Holidays: (1) Thanksgiving: In even numbered years, Father shall have custody of the children from after school on the Wednesday prior to Thanksgiving until 2:00 p.m. on Thanksgiving Day. Mother shall then have custody from 2:00 p.m. until 6:00 p.m. on Friday at which time the normal alternating weekend schedule will control. In odd numbered years, Mother shall have custody of the children from after school on the 2 Wednesday prior to Thanksgiving until 2:00 p.m. on Thanksgiving Day. Father shall then have custody from 2:00 p.m. until 6:00 p.m. on Friday at which time the normal alternating weekend schedule will control. (2) Christmas: In even numbered years, Mother shall have custody of the children from after school the last day of school before the Winter Holiday until 2:00 p.m. Christmas Day. Father shall then have custody from 2:00 p.m. Christmas Day until 6:00 p.m. December 31, 2008. Mother shall then have custody from 6:00 p.m. December 31, 2008, until 6:00 p.m. the evening of the day preceding the first day of school in the New Year. In odd numbered years, Father shall have custody of the children from after school the last day of school before the Winter Holiday until 2:00 p.m. Christmas Day. Mother shall then have custody from 2:00 p.m. Christmas Day until 6:00 p.m. December 31. Father shall then have custody from 6:00 p.m. December 31, until 6:00 p.m. the evening of the day preceding the first day of school in the New Year. (3) Easter (Spring Break): In even numbered years, Father shall have custody of the children from after school on the prior to spring break until 12:00 noon on the Saturday of the Spring Break. Mother shall then have custody from 12:00 noon on the Saturday of Spring Break until 6:00 p.m. on the evening before the resumption of school. In odd numbered years, Mother shall have custody of the children from after school on the prior to spring break until 12:00 noon on the Saturday of the Spring Break. Father shall then have custody from 12:00 noon on the Saturday of Spring Break until 6:00 p.m. on the evening before the resumption of school. B. SUMMER RECESS Beginning on the first Sunday after the last day of school, Mother shall have custody of the children from 6:00 p.m. Sunday evening until 6:00 p.m. the next Sunday evening at which time the Father shall have custody for the next week. The Parties will 3 then alternate their periods of physical custody week on/week off. Father shall resume primary physical custody at 6:00 p.m. on the Sunday prior to the beginning of the 2009 - 2010 school year. Ill. Other: A. Telephonic Contact: The children shall have liberal and regular telephonic contact with the non-custodial parent. B. Nonalienation: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. C. Timeliness: All parties are expected to be punctual with regard to the delivery or pick up of the children. D. Schedule Notification: Father will supply Mother with an accurate schedule of the children's extra curricular activities and medical appointments on or before the last business day of each month for activities and appointments for the following month. This schedule will be delivered to the Mother by email in order to allow all parties to have an accurate record. Any changes to the schedule will be provided to Mother by email within 2 hours of the Father becoming aware of the change. By the Court, /James Miller, Esquire Attorney for Plaintiff ? Cindy Hribal, Esquire Attorney for Defendant bas COpt fkT ?Yt? t ?frcV { to/? fc8 tr^n M. L. Ebert, Jr., J. 4 ?? <> 44 41 *- Timothy M McQuiston, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO 05-2541 Theresa L Nastelli, CIVIL ACTION - LAW Defendant IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 NOW COMES Plaintiff/Petitioner, Timothy M McQuiston, by and through his attorneys, Miller Lipsitt, LLC, and James A. Miller, Esquire, and respectfully petitions your Honorable Court for special relief and revise Mother's current custodial periods to a limited, supervised basis if any, pending a professional assessment that indicates more time with the children is warranted and such time at some point in the future to include perhaps unsupervised periods and for reasons therefore states: 1 Plaintiff/Petitioner is Timothy M McQuiston (hereinafter "Father"). 2 Defendant/Respondent is Theresa L Nastelli (hereinafter "Mother"). 3 The parties are the parents of the minor children, Cody Merritt McQuiston DOB 1/27/95, and Katelyn Marie McQuiston DOB 10/17/96. 4 Attached hereto is a true and correct copy of Father's Petition to Modify Custody contemporaneously filed to the above term and docket. 5 It is imperative that your Honorable Court immediately enter an Interim Order modifying the existing October 7, 2008, Custody Order to the limited extent whereby the children are not required to be in Mother's presence pending the Court's receipt of professional guidance relative to Mother's parenting skills and the health of Mother's relationship with the children. 6 It is believed and therefore averred that Mother's abilities to raise the children has deteriorated so much so that the children's health and welfare are in jeopardy while in Mother's care. 7 While repetitive and duplicated in Father's Petition to Modify, it is nonetheless relevant that this Court be made aware of Mother's greater concern for herself and her paramour over that of her children as evidenced this past weekend: CARLISLE SENTINEL By staff reports, May 18, 2009, 7:34 AM EDT A 14-year-old boy was charged with terroristic threats, simple assault, criminal mischief and harassment via the county's juvenile probation department after an incident at 1.0:30 a.m. Sunday, according to state police at Carlisle. The boy was in the first block of Tip Top Circle in Lower Frankford Township when he and two adults were involved in an argument that "escalated out of control," police said. The boy is accused of threatening the life of one of the adults and kicking the other, then denting a fender by kicking it with his foot, according to police. 8 It is clear to Father that Mother is doing everything possible to serve her own interests over that of the children and in light of such, Father must take these drastic, overdue measures in seeking your Honorable Court's intervention in order to protect his children's health and welfare. 9 Awarding Father the emergency and necessary relief requested herein pending the custody conciliation conference and professional guidance requested herein will not jeopardize nor compromise Mother's interests provided she is truly and genuinely well-intentioned when it comes to her children. It is only logical that she would seek to encourage the healthy development of her children and not seek to destroy their futures. And, in this regard, a professional assessment denouncing the public perception Mother has already created through various measures including police involvement in her children's lives will serve Mother's interests in proving to the court that Mother in fact is a nurturing parent. Conversely, if Mother is detrimental to the healthy maturation of the children, the professional assessment will also prove this and save the children from years of agony and despair. 10 Not awarding Father the relief requested herein immediately will unequivocally jeopardize the futures of the children because the children have made it clear that they do not trust their mother and will runaway from her during any custodial periods. 11 Your Honorable Court has the authority to grant the relief requested herein. WHEREFORE, Father respectfully requests that your Honorable Court: 1 modify the existing October 7, 2008, Custody Order; 2 revise Mother's current custodial periods to a limited, supervised basis if any, pending a professional assessment that indicates more time with the children is warranted and such time at some point to include unsupervised periods; and, 3 grant such other relief as the court may deem appropriate. Respectfully submitted, MILLER LIPSITT LLC Jame . Miller, Esquire Poplar Church Road Camp Hill, PA 17011 (717) 737-6400 VERIFICATION I verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Timothy M McQuiston Timothy M McQuiston, Plaintiff V. Theresa L Nastelli, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby certify that a copy of the foregoing petition has been served upon the following person(s) in the following manner: Date: Tuesday, May 19 2009 UNITED STATES FIRST CLASS MAIL AND EMAIL Nastelli7@aol.com Teresa L Nastelli 28 Betty Nelson Court, Carlisle, Pennsylvania 17013 Respectfully submitted, MILLER-L-IPSITT LLC Jame. Miller, Esquire Poplar Church Road .765 Camp Hill, PA 17011 (717) 737-6400 Timothy M McQuiston, Plaintiff V. Theresa L Nastelli, Defendant By:_ ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before . Esquire, the Conciliator, on the day of 2009, at A/P.M., in Pennsylvania, 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 Timothy M McQuiston, Plaintiff/Petitioner V. Theresa L Nastelli, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY October 7, 2008, CUSTODY ORDER NOW COMES PLAINTIFF/PETITIONER, Timothy M McQuiston, by and through his attorneys, Miller Lipsitt LLC and James A Miller, Esquire, and respectfully requests that your Honorable Court modify the existing custody order and for reasons therefore states: 1. The Plaintiff/Petitioner, Timothy M McQuiston ("Father"), is an adult individual and the natural father of the subject minor children, residing with his wife, Stephanie, and the subject two (2) minor children at 316 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant/Respondent, Theresa L Nastelli ("Mother"), is an adult individual and the natural mother of the subject minor children, residing at 28 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania, with an adult male, namely Abel Sebers (sp?). 3. The subject minor children of this proceeding are Cody Merritt McQuiston, DOB 1/27/95 and Katelyn Marie McQuiston, DOB 10/17/97. 4. The parties have been through numerous custody proceedings relative to their children including conciliation and a hearing before your Honorable Court. 5. The most recent custody proceeding resulted in a custody order being entered on October 7, 2008, wherein Father obtained primary physical custody of the minor children with rights to partial custody in Mother (attached hereto as Exhibit A is a true and correct copy of the October 7, 2008, custody order). 6. Since the entry of said Order, Mother has consistently failed to wholly comply with the terms and conditions as set forth therein and further, has failed to consider the best interests of the minor children when exercising judgment and decisions relating to the children. 2 7. Examples of the foregoing include, but are not limited to: a. Most recently, on Sunday May 17, 2009, Mother chose to align herself with her paramour, Abel Sebers, pitting her son, Cody, in a defenseless and exposed position. Cody was scheduled to attend a wrestling picnic at Adams Ricci Park in East Pennsboro Township on Sunday, May 17th, and Mother had been notified of this event 7 days prior thereto by Father. On May 17th, Mother told Cody that she was not going to drive Cody to Adams Ricci Park in the morning and then again, return to East Pennsboro to drop Cody off at Father's for the custody exchange that evening. Mother told Cody to contact his Father to see if he would take Cody to the picnic whereupon Father said he'd be right over to pick up Cody. In the interim Mr. Sebers, and it is believed and therefore averred that Mother participated as well, began haranguing Cody about Father being "Super Dad." Mother's inability to control Mr. Sebers and his behavior towards Cody as well as Mother's own immaturity ultimately resulted in criminal charges having been brought against Cody as indicated by the following: CARLISLE SENTINEL By staff reports, May 18, 2009, 7:34 AM EDT A 14-year-old boy was charged with terroristic threats, simple assault, criminal mischief and harassment via the county's juvenile probation department after an incident at 10:30 a.m. Sunday, according to state police at Carlisle. The boy was in the first block of Tip Top Circle in Lower Frankford Township when he and two adults were involved in an argument that "escalated out of control," police said. The boy is accused of threatening the life of one of the adults and kicking the other, then denting a fender by kicking it with his foot, according to police. It is abundantly evident that Mother's interests and judgment is geared to her own happiness over that of the minor children. While in her custody and control, the children face greater danger than if left alone. b. While there have been many tumultuous events between Mother and the children, in early to mid November 2008, charges were lodged and a guilty verdict rendered against Mother for an incident that again involved Mother, Mr. Sebers, and the children at Friendly's restaurant located at Market Street and the By-Pass in Camp Hill, Cumberland County, PA; 3 c. It is believed and therefore averred that Mother continues to drive as an unlicensed person violating the laws of the Commonwealth of Pennsylvania and moreover, subjects the children to dangerous conditions due to her failure to be licensed; d. Since entry of the October 7, 2008, Order, Mother has only picked up the children approximately four (4) separate times on her weekly, Tuesday evening visits (approx 7 months) per section II A 2b of the Order; e. The school, long holiday weekend schedule set forth in Section II A 2c reverted to the prior arrangement between the parties because of Mother's work schedule, rather than Mother changing her work schedule and following through with the schedule as set forth by the Court in the Order. 8. Father has cooperated with Mother with regard to her interest in changing the long holiday weekends. However, Mother's inconsistency on Tuesday evenings has been impossible for Father and the children to deal with in light of schooling and extracurricular activities as well as Father's work schedules. More importantly, Father cannot idly sit back and ignore Mother's poor parental judgment displayed in conjunction with her allegiance to Mr. Sebers which clearly results in harm to the children in some fashion, whether physical, suffering academically, being unable to participate in school activities and/or sports, or through criminal charges. 9. If Mother were concerned about her children's health and welfare over that of Mr. Sebers, police would not be involved in the lives of the children. 10. A prime example of such unnecessary police involvement is this past weekends wrestling picnic. Mother's failure to put her children first resulted in Cody being charged with a crime and Mr. Sebers continuing to live with Mother unfettered. 11. An enormous amount of evidence has been generated over the years in this case that shows that Cody is a good student, active in sports and extracurricular activities and has the makings to become a fine young man. The only disruption that periodically occurs in his progression is through Mother's creations. These disruptions ultimately and unnecessarily taint Cody's overall character and progress. Mother's own, selfish interests are now put ahead of her children's interests and she even risks having a criminal record being put in place against her son rather than trying to protect him and his future. Instead of assisting Cody, Mother hinders his progress by creating more obstacles. Her impediments come in many forms including Mr. 4 Sebers presence. Consequently, the minor children, Cody as well as Katelyn, have no interest in being in Mother's presence. 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested because Mother has engaged in a course of conduct that is void of good, parental judgment and only serves to destroy the healthy maturation of her children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Father respectfully requests that the court modify the existing October 7, 2008, Custody Order and revise Mother's current custodial periods to a limited, supervised basis if any, pending a professional assessment that indicates more time with the children is warranted and such time at some point to include unsupervised periods. Respectfully submitted, MILLER L ITT LLC James A. er, Esquire 765 Pot Church Road -Camp Hill, PA 17011 (717) 737-6400 VERIFICATION I verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. . l Timothy McQi isto 5 Timothy M McQuiston, Plaintiff V. Theresa L Nastelli, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 05-2541 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, James A. Miller, hereby certify that I have on the date indicated below and the manner so indicated forwarded a copy of the foregoing document to the party so indicated. Date: Tuesday, May 19 20009 UNITED STATES FIRST CLASS MAIL AND EMAIL Nastelli7@aol.com Teresa L Nastelli 28 Betty Nelson Court, Carlisle, Pennsylvania 17013 James iller, Esquire 7fi54 oplar Church Road amp Hill, PA 17011 Attorney for Plaintiff (717) 737 6400 6 TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this Ph day of October, 2008, after status conference with counsel in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Timothy M. McQuiston and Theresa L. Nastelli, shall have shared legal custody of the minor children, Cody Merritt McQuiston, born January 27, 1995, and Katelyn Marie McQuiston, born October 17, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding his 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 children including, but not limited to, medical, dental religious or school records, the residence address of the children and of 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. All decisions affecting the children's growth and development including, but not limited to choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and 46K.- #.# Irl r of HINVAIASNN3d u(?I' ', I ?" '.-! CO :11 WV L-100 80Q1 religious, shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. II. Physical Custody: Custody of the children will be governed by the following schedule: A. SCHOOL YEAR 1. Father shall have primary physical custody of the children. 2. Mother shall have physical custody of the children on: a. Alternating weekends beginning the weekend of October 3, 2008. Each weekend will commence at 6:00 p.m. Friday through 6:00 p.m. Sunday. Unless otherwise agreed upon between the parties, the party relinquishing custody of the children shall be responsible to provide transportation for the exchange of custody. b. Each Tuesday at 3:30 p.m. until 7:30 p.m. Mother shall pick up the children at the Father's residence and deliver them to the Father's residence after the visit. c. Long Holiday Weekends - Mother shall have custody of the children for the following long holiday weekends: (1) From 6:00 p.m. October 10, 2008, until 6:00 p.m. October 13, 2008; (2) From 6:00 p.m. January 16, 2009, until 6:00 p.m. January 19, 2009; (3) From 6:00 p.m. February 13, 2009, until 6:00 p.m. February 16, 2009. d. Major Holidays: (1) Thanksgiving: In even numbered years, Father shall have custody of the children from after school on the Wednesday prior to Thanksgiving until 2:00 p.m. on Thanksgiving Day. Mother shall then have custody from 2:00 p.m. until 6:00 p.m. on Friday at which time the normal alternating weekend schedule will control. In odd numbered years, Mother shall have custody of the children from after school on the 2 Wednesday prior to Thanksgiving until 2:00 p.m. on Thanksgiving Day. Father shall then have custody from 2:00 p.m. until 6:00 p.m. on Friday at which time the normal alternating weekend schedule will control. (2) Christmas: In even numbered years, Mother shall have custody of the children from after school the last day of school before the Winter Holiday until 2:00 p.m. Christmas Day. Father shall then have custody from 2:00 p.m. Christmas Day until 6:00 p.m. December 31, 2008. Mother shall then have custody from 6:00 p.m. December 31, 2008, until 6:00 p.m. the evening of the day preceding the first day of school in the New Year. In odd numbered years, Father shall have custody of the children from after school the last day of school before the Winter Holiday until 2:00 p.m. Christmas Day. Mother shall then have custody from 2:00 p.m. Christmas Day until 6:00 p.m. December 31. Father shall then have custody from 6:00 p.m. December 31, until 6:00 p.m. the evening of the day preceding the first day of school in the New Year. (3) Easter (Spring Break): In even numbered years, Father shall have custody of the children from after school on the prior to spring break until 12:00 noon on the Saturday of the Spring Break. Mother shall then have custody from 12:00 noon on the Saturday of Spring Break until 6:00 p.m. on the evening before the resumption of school. In odd numbered yeas, Mother shall have custody of the children from after school on the prior to spring break until 12:00 noon on the Saturday of the Spring Break. Father shall then have custody from 12:00 noon on the Saturday of Spring Break until 6:00 p.m. on the evening before the resumption of school. B. SUMMER RECESS Beginning on the first Sunday after the last day of school, Mother shall have custody of the children from 6:00 p.m. Sunday evening until 6:00 p.m. the next Sunday evening at which time the Father shall have custody for the next week. The Parties will 3 then alternate their periods of physical custody week on/week off. Father shall resume primary physical custody at 6:00 p.m. on the Sunday prior to the beginning of the 2009 - 2010 school year. III. Other: A. Telephonic Contact: The children shall have liberal and regular telephonic contact with the non-custodial parent. B. Nonalienation: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. C. Timeliness: All parties are expected to be punctual with regard to the delivery or pick up of the children. D. Schedule Notification: Father will supply Mother with an accurate schedule of the children's extra curricular activities and medical appointments on or before the last business day of each month for activities and appointments for the following month. This schedule will be delivered to the Mother by email in order to allow all parties to have an accurate record. Any changes to the schedule will be provided to Mother by email within 2 hours of the Father becoming aware of the change. By the Court, James Miller, Esquire Attorney for Plaintiff ? Cindy Hribal, Esquire Attorney for Defendant nbas l:.Op??fS /rt?t I* S??V M. L. Ebert, Jr., J. !0/'7/08 4 tl7vn °Y 7, ._ i'µ3' ??? t '; ?` 1 L?'i?J6r;?? .+ ' ?% -? TIMOTHY M. MCQUISTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-2541 CIVIL THERESA L. NASTELLI, CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 21St day of May, 2009, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 1, 2009; 3. The Prothonotary will forward said Answer to this Court; 4. A hearing on this matter will be held on Thursday, June 18, 2009, at 2:30 p.m. in Courtroom 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, v? M. L. Ebert, Jr., J. 'James Miller, Esquire Attorney for Plaintiff ./Cindy Hribal, Esquire Attorney for Defendant heresa L. Nastelli Defendant bas ea Es rn?.? LL 10 ??' r TIMOTHY M. I V. THERESA L. TON IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2005-2541 CIVIL ACTION LAW ENDANT . IN CUSTODY ORDER OF COURT AND NOW, it is hereby directed at 4th Floor, Ci for a Pre-Hearing Ci if this cannot be acc order. Failure to apl The court Special Relief or( Friday, May 22, 2009 , upon consideration of the attached Complaint, parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, Hand County Courthouse, Carlisle on Thursday, June 25, 2009 at 8:30 AM ly Conference. At such conference, an effort will be made to resolve the issues in dispute; or fished, to define and narrow the issues to be heard by the court, and to enter into a temporary at the conference may provide grounds for entry of a temporary or permanent order. by directs the parties to furnish any and all existing Protection from Abuse orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. f Custody Conciliator The( with Disabilite; available to dis must be made conference or f YO] HAVE AN Al FORTH BEL( ourt of Common Pleas of Cumberland County is required by law to comply with the Americans Act of 1990. For information about accessible facilities and reasonable accommodations bled individuals having business before the court, please contact our office. All arrangements least 72 hours prior to any hearing or business before the court. You must attend the scheduled I SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT rORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 s' as -o? ??` - ? _ ??,??' ?` ?` ,?=' ?.s =tea -o, ?•? ???r.?,,? .-?.. ? .??;? ? iY M. MCQUISTON, Plaintiff >A L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 05-2541 IN CUSTODY PURSUANT TO PA.XC.P.1915.13 OW COMES, Defendant Theresa L. Nastelli, by and through her' attorney, Sheri D. C ver, Esquire and files the following Answer in response to PLAINTIFF'S EMER ENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.1 1 and in support thereof avers as follows: Admitted. Admitted. 3. Admitted. 4. No response is required to this paragraph. 5. Denied. Defendant denies that it is warranted that the Honorable Court he existing custody order in this case. It is further denied that there are any safety concerns or issues concerning the Defendant's parenting skills or the safety of chil while in the Defendant's custody. Any issues relating to Mother's relationship with a children are a result of the influence and interference of the Plaintiff. 6. Denied. Defendant denies that she has any problems with her parenting itios or that the children's health and welfare are in jeopardy while during her periods of custodv. L J. Denied. Defendant denies that she has greater concern for herself and/or any one else over that of her children during the time period referred to by the Plaintiff or . at any o? her time. Defendant avers that her greatest concern is that for the health, safety and besi interest of her children. It is admitted that the minor child was charged with threats, simple assault, criminal mischief and harassment from incidents that during a time that the Defendant was exercising her period of custody of the child. 4 is denied that these charges bear any relationship to the Defendant's parenting or her care for her children. Denied. It is denied that Defendant is taking actions to serve her own over that of her children. As stated in paragraph 7 above, it is denied that the brought against the minor child bear any relationship to the Defendant's g abilities or her care for her children. Denied. It is denied that granting the relief requested by the Plaintiff would ?ot compromise her interest as she has a natural interest as a mother to exercise her pe?ods of custody with the children and to participate in their lives. Defendant denies chat she has created any environment that is detrimental to the best' interests of her However, mother is willing to participate in a professional assessment as she deems jhat it will ultimately be in the best interests of her children. 10. Denied. It is denied that the futures of these children are in any way jeopardized by allowing the Defendant to exercise her periods of physical custody 1, 1. Admitted. This paragraph is admitted to the extent that it is recognized that this Court has the authority to grant the relief requested by the Plaintiff but it is denied that the relief requested is warranted in this case. REFORE, Mother respectfully requests that this Court deny the Father's request to modify the existing custody court order or to limit Mother's periods of to a supervised basis. submitted, ?henll. Coover, Esc, Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ? t C ` iY M. MCQUISTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 05-2541 3A L. NASTELLI, Defendant : IN CUSTODY VERIFICATION Theresa L. Nastelli, verify that the, statements contained in this ANSWER TO PLAIN7 IFF'S EMERGENY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.RC. P. 1915.13 are true and correct to the best of my knowledge, information and belief. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ection 4904 relating to unworn falsification to authorities. Date - I - Theresa L. Nastelli M. MCQUISTON, Plaintiff L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2541 IN CUSTODY CERTIFICATE OF SERVICE caused counsel James 765 R Camp Sheri D. Coover, Esquire hereby certify that on this 1 ' day of June, 2009, I ie foregoing ANSWER TO PLAINTIFF'S EMERGENY PETITION FOR L RELIEF PURSUANT TO PA1ZCP.1915.13 to be served upon Plaintiff s via United States First Class mail addressed as follows: Miller, Esquire it Church Road 1, PA 17011 submitted, SI)bri D. Coover, Esquire ,Aftmey 93285 44 S. Hanover Street Carlisle, PA 17013 :?(r v1„ ()ic M9 ...OIN I k e t ? ? u• cll 4? a 4 ?? . ?I 5 ? tr t ?? TIMOTHY M. MCQUISTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. THERESA L. NASTELLI, Defendant NO 05-2541 CUSTODY NOTICE OF SUBSTITUTION OF COUNSEL TO: CLERK Kindly withdraw the appearance of Cindy Hribal, Esquire on behalf of the Defendant Theresa L. Nastelli in the above-captioned matter. TO: CLERK 875-MarkO Street, Suite 100 Lemoyne, PA 17043 Kindly enter the appearance of Sheri D. Coover, Esquire on behalf of the Defendant Theresa L. Nastelli in the above-captioned matter. gheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 0 Respectfully submitted, TIMOTHY M. MCQUISTON, Plaintiff V. THERESA L. NASTELLI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO 05-2541 CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this 110 day of JUNE, 2009, I caused the foregoing NOTICE OF SUBSTITUTION OF ATTORNEY to be served upon defendant's counsel by electronic means addressed as follows: James A. Miller, Esquire Miller Lipsitt LLC 765 Poplar Church Road Camp Hill, PA 17011 submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover St. Carlisle, PA 17013 hg. -;.)3=rIur;E OF 71-IE t'; ?` e t W rlyli' ?Y 2009 JUN 16 PIN 12. 4 2 TIMOTHY M. McQUISTON, Plaintiff V THERESA L. NASTELLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-2541 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: CUSTODY SPECIAL RELIEF PETITION ORDER OF COURT AND NOW, this 18th day of June, 2009, by agreement of the parties, the Custody Order of Court dated October 7, 2008, is hereby modified as follows: 1. Paragraph II.A.2.b. is stricken. (Re: Tuesday evening) 2. II. B. SUMMER RECESS, is stricken. IT IS FURTHER ORDERED AND DIRECTED that beginning on June 26, 2009, at 6:00 p.m., mother shall have custody of the children for the weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. This period of custody shall alternate every other weekend. IT IS FURTHER ORDERED AND DIRECTED that the son, Cody, and mother will undergo an assessment by Doctor Kim Easton. Doctor Easton will submit a report of the assessment to the court. Father will pay for the assessment. By the Court, M. L. Ebert, J J. James A. Miller, Esquire For the Plaintiff Sheri D. Coover, Esquire For the Defendant :mtf •?.! - i ?? ??i ',,' "?? , <' ?i 1 ,?? ? i:, ,,. ,1:. ,.; ?,? ;; i ( t t ; i? ? " ,•, •?1 ;t; JUN 2 2 2009 &, TIMOTHY M. MCQUISTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW THERESA L. NASTELLI, NO. 2005-2541 Defendant IN CUSTODY ORDER AND NOW, this day of June, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 6w..'ki -- Hubert . Gilroy, squire Custody Concilia I r hft i