HomeMy WebLinkAbout02-1505JENNIFER LYNN QUINNAN,
Plaintiff
NICHOLAS T. AIELLO, III,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 0 -/5-'05
:
: CIVIL ACTION - LAW
: CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Jennifer Lynn Quinnan, who currently resides at 2163 Rear
Market Street, Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant is Nicholas T. Aiello, III, who currently resides at 123 Parkwood
Avenue, Clarks Summit, Lackawanna County, Pennsylvania.
3. Plaintiff seeks to modify the Custody Order dated July
Honorable Chester T. Harhut, P.J.
November 23, 1996.
4.
5.
6.
the following addresses:
Jennifer Quinnan (natural mother)
and Charles Quinnan (stepfather
Jennifer Quinnan and Charles
Quinnan
Jennifer Quinnan, Joseph Quinnan
(maternal grandfather) and Carol
Quinnan (maternal grandmother)
23, 2001, by the
of the minor child, Abigail Christine Quinnan, born
The child was born out of wedlock.
The child is presently in the custody of the Plaintiff, Jennifer Lynn Quinnan.
During the child's lifetime the child has resided with the following persons and at
2163 Rear Market Street
Camp Hill, Pennsylvania
1007 Sterling Street, Scranton,
Pennsylvania
305 Maple Avenue, Clarks
Summit, Pennsylvania
January 2001 - present
March 2000 - January 2001
November 1996 - March 2000
The relationship of Plaintiff to the child is that of natural mother.
The relationship of Defendant to the child is that of natural father.
Plaintiff has participated as a party concerning the custody of the child in
Lackawanna County (see attached Order).
10. Plaintiff has no infomtation of a custody proceeding concerning the child pending
in a court of this Commonwealth.
11. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
The Plaintiff/Mother seeks to modify the Custody Order for the following
12.
reasons:
a)
b)
c)
child;
d)
this matter.
Conflict has arisen as to phone contact between child and mother;
Conflict has arisen as to transportation disputes between the parties;
Conflict has arisen as to medical disputes and treatment for the minor
To clearly identify Cumberland County as having proper jurisdiction in
13. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, the Plaintiff, Jennifer Lynn Quinnan, respectfully requests this Court to
schedule a Hearing to modify the previously entered Custody Order.
Respectfully submitted,
Austin F. GrogS., .E__qu~
Attorney for Plaintiff
24 North 32ad Street
Camp Hill, PA 17011
(717) 737-1956
ID # 59020
VERIFICATION
I, JENNIFER LYNN QUINNAN, verify that the statemems made in the foregoing
Custody Complaint are true and correct to the best of my knowledge, infotmation, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
JENNIFF_~ LYNN QUINNAfN ~
NICHOLAS T. AIELLO, III, :
PLAINTIFF :
:
VS. :
JENNIFER LYNN QUINNAN, :
DEFENDANT :
IN TH2E COURT OF COMNION PLEAS
OF LACKAWANNA COUNTY
IN CUSTODY
2000-CIVIL-3006
ORDER OF COURT
ro wow, th/s,
day of c"~z.~.Z~~ 2000, the attached Parenting Plan
which has been executed by the above-named part/es is hereby approved and made an Order of
this Court.
BY THE COURT:
NICHOLAS T. AIELLO, III,
VS.
JENNIFER LYNN QUINNAN,
Petitioner
IN THE COURT OF COMMON PLEAS
OF LACKAWANNA COUNTY
CIVIL AC-FiON - LAW
IN CUSTODY
No. 2000 CIVIL 3006
PARENTING PLAN - SHORT FOR~,'
Mother Jennifer Lynn Ouinnan Father Nicholas T. Aiello, III
This parenting plan applies to the following child:
Name: Birthdate:
Abiqail Christine Ouinnan November 23, 1996
LEGAL RESPONSZBZLZTZE$
[~'] The parents shall share joint-legal responsibilities, which is understood
by both to mean that they shall consult and cooperate with each other
in making major decisions and sharing information related, but not
limited to the health, education and welfare of the child.
[. ] Mother [ ] Father shall have sole legal responsibility of the child.
[~'] Each parent shall make decisions regarding the day to day care and
control of each child while the child is residing with that parent.
Regardless of the allocation of decision making in this parenting plan,
either parent may make emergency decisions affecting the health or
safety of the child.
[v'] Each parent shall have access to medical and school records pertaining
to the child and be permitted to independently consult with any and all
professionals involved with the child. ]:t is each parents' responsibility
to request report cards, parent-teacher conferences, progress reports,
school calendars and the like directly from the school.
Additional provisions regarding local responsibilities:
T:ZME SHARZNG SCHEDULE
Pre-School Schedule:
Eve other weekend- Frida at 6:00 .m. untiISunda at 6:00 .m.
//-~ o
School Year Schedule:
Eve other weekend - Frida at 6:00 .m. until Sunda at 6:00 .m.
Summer Schedule:
Same as above for Pre-School and School Schedule.
VACATZONS AND HOLZDAYS
Vacations and holidays shall take precedence over the regular
parenting plan unless otherwise stated.
Vacation With Parents:
Both parents shall have vacation periods with the child(ten) each year.
They shall notify each other, in writing, of their vacation plans a minimum of
Page 2 of 9
thirty (30) days prior to departure. Each shall provide the other with a basic
itinerary to include travel dates, destination, and telephone number for
emergency purposes.
The schedule for vacation with parents is as follows:
The child shall be with the Mother for 2 non-consecutive weeks each
year, unless extended for out of state vacation, for the purpose of
vacationing.
~ma be extended u on mutuala reementof
~ies.
The child shall be with the Father for 2 non-consecutive weeks each
year for the purpose of vacationing.
~herma be extended u on mutuala reementof
The schedule for the child, for the holidays listed below is as follows:
TH.tS SCHEDULE AS I'T PERTA'rNS TO FATHER~ W.tLL ONLY APPLY .tF
FATHER 1'S AVA.ti. ABLE.
New Year's Day: [v'] Split
Mother 9:00 a.m. to 3:00 .m.
Father 3:00 .m. to9:00 .m.
Alternate yearly
Easter: [v'] Split
Mother 9:00 a.m. to 3:00 .m.
Father 3:00 .m. to 9:00 .m.
[ ] Alternate yearly ...
Memorial Day: [v"] Split
Mother 9:00 a.m. to 3.'00 .m.
Father 3:00 .re. to9:00 .m.
]Uly 4th: [v'] Split
Mother 9:00 a.m. to 3:00 .m.
Father 3:00 .m. to 9:00 .m.
[ ] Alternate yearly
[ ] Alternate yearly
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Labor Day: [v'] Split
Mother 9:00 a.m. to 3:00 .m.
Father 3:00 .m. to9:00 .m.
Thanksgiving: [v~] Split
Mother 9:00 a.m. to 3:00 .m.
Father 3:00 .m. to9:00 .m.
[ ] Alternate yearly
[ ] Alternate yearly
Christmas Eve: [~/] Split [ ] Alternate yearly
Father shall have the minor child from 9:00 a.m. to 2:00 .m. on Christmas
Eve.
Christmas Day: [v~] Split [ ] Alternate yearly
Mother 9:00 a.m. to 3.'00 .m.
Father 3:00 .m. to9:00 .m.
Other days of Christmas Vacation: S lit onl if Father is off from work.
Mother's Day: Mother
Father's Day: Father- :1.2:00 .rn. until 8:00 .m.
Child's Birthday: S lit u on mutual a reement of the Parties de endin u ~'n
the da of the week when the child's bi~thda falls.
Mother's' Birthday: Mother
Father's Birthday: Father
Other Holidays: Grand arents Da - S lit
Page 4 of 9
There shall be such other sharing of the child as mutually agreed upon
by the parties.
Transportation Arrangements:
[]
[]
Telephone Contacts:
Transportation arrangements for the child shall be as follows.
Father shall provide all transportation
Mother shall provide all transportation
The parents shall share transportation responsibility as follows:
The Parties will meet half wa at the Talbots arkin lot located
at 501 South State Street Clarks Summit PA. The Father must
make eve reasonable effort to be resent at the time of
trans ortation of the minor child. :If Father will not be resent at
the time of trans ortation of the minor child he must rovide
Mother with a two hour riot advance notice that he will not be
able to be resent and a res onsible adult will trans ort the
minor child. Mother will trans ore the minor child unless a two
hour riot advance notice is rovided to Father that she will not
be able to be resent. At that time a res onsible adult will
trans orr the minor child. Father can be reached at work at
570-836-7966. The minor child will be trans orted in a vehicle
with a back seat and car seat until the Child Safer Standards
and Re ulations allow otherwise.
[ ] Father
[ ]Father
[ ] Mother
[ ] Mother
Iv~] Reasonable
[ ] Specific
Days/Times: Tele hone calls b 9:00 .m. Bedtime
Standard Considerations for Parenting:
[V'] Each parent shall always keep the other informed of his/her actual
address of residence, mailing address if different, home and work
telephone numbers and any changes within twenty-four (24) hours of
such change occurring.
Page 5 of 9
[v'] Neither parent shall say or do anything in the presence or hearing of
the child that would in any way diminish the child's love or affection for
the other parent, and shall not allow others to do so.
[v'] All marital, child sharing, court related and financial communications
between the parents shall occur at a time when the child is not present
or within hearing range. Communication regarding these issues shall
not occur at times of exchanges of the child(ten) or during telephone
visits with the child.
Each parent shall inform the other as soon as possible of all school,
sporting and other special activity notices and cooperate in the child's
consistent attendance at such events. Neither parent shall schedule
activities during the other parent's scheduled parenting time without
the other parent's prior agreement.
[~'] At least twenty-four (24) hour notice of schedule change shall be given
to the other parent. The parent requesting the change shall be
responsible for any additional child care that results from the change.
Neither parent shall move the residence of the child out of Lackawanna
County without giving the other party fifteen (:15) days written notice
and obtaining the written permission of the other parent or order of
the Court.
Either parent may petition for a return to Family Court for mediation
on any further parenting issues.
Additional Ztems:
Minor child will be raised under the Roman Catholic Reli ion.
Re ardless of who trans orts the minor child Father will be resent for his
edod of atrial custod with the minor child.
Father will rovide ade uate and safe trans ortation of the minor child as
Special Needs - Appendix A incorporated herein.
Dispute Resolution - Appendix B incorporate herein.
Page 6 of 9
]: declare under penalty of perjury under the laws ol= the
Commonwealth of Pennsylvania that this plan has been proposed in good
faith and that the statements in this plan are true and correct to my best
knowledge information and belief.
Moth~
Father
Date: ....
Page 7 of 9
APPENDZX A
Special Needs:
Drug and Alcohol Testing
Supervised Visitation
Cooperative Parenting ~[nstruction
Counseling
[ ] Mediation
[ ] Guardian Ad Litem
[ ] Evaluations
[]Anger Hanagement
Agreement regarding special needs checked:
APPENDI'X B
D]~SPUTE RESOLUTZON
Disputes between the parties, other than child support disputes, shall
be submitted to:
Counseling by_
Mediation by_Court Approved Mediation
Other:
The costs of this process shall be allocated between the parties as
follows:
Iv~] 50% Mother [~'] 50% Father
[ ] Based on each party's proportional share of income.
[ ] As determined in the dispute resolution process.
The counseling, mediation or other process shall be commenced by notifying
the other party by [~'] written request [ ] certified mail [~'] other
or throu h~sel
In dispute resolution process:
Unless an emergency exits, the parents shall use the designated
process to resolve disputes relating to implementation of the
plan.
b. Preference shall be given to carrying out this Parenting Plan.
c. A written record shall be prepared of any agreement reached in"'
counseling or mediation and shall be provided to each party.
d. If the court finds that a parent has used or frustrated the dispute
resolution process without good reason, the Court shall award
attorney's fees and financial sanctions to the other parent.
[ ] No dispute resolution process, except Court action, shall be ordered,
because [. ] a limiting factor under the BASIS FOR RESTRIC'~ONS Section
applies or [ ] one parent is unable to afford the cost of the proposed dispute
resolution process.
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0 F C O M M O N P L E A S
LACKAWANNA COUNTY
X
NICHOLAS AIELLO, III, x
Plaintiff, x
X
X
-rs- x No. 00-CV-3006
JENNIFER LYNN QUINNAN
X
X
x
Defendant. x
X
O R D E R
2001, the foregoin9 stipulation of t es is
incorporated by reference and made an Order of this
Court with the same full force and effect.
BY THE COURT:
CHESTER T. HARHUT, p.J.
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LACKAWANNA COUNTY
NICHOLAS AIELLO, III
JENNIFER LYNN QUINNAN,
Plaintiff, x
x
x No.
x
x
x
Defendant. x
x
00-CV-3006
BEFORE:
DATE:
PLACE:
TRANSCRIPT OF PROCEEDINGS
OF SPECIAL RELIEF
PETER POVANDA, ESQ.
Court-Appointed Master
June 7, 2001 ~--
Family Court
Lackawanna County Courthouse
Scranton, Pennsylvania 18503
A P P E A R A N C E S
For the Plaintiff: Pro se
For the Defendant:
DAVID J. RATCHFORD, ESQUIRE
Laura Boyanowski
Official Court Reporter
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THE MASTER: Let the record reflect
today is the date and time scheduled for a
hearing with respect to a special relief
petition filed to 2000 civil 3006. The
petitioner is Jennifer Lynn Quinnan. She is
present in court represented by Attorney David
J. Ratchford also present. The respondent is
Nicholas T. Aiello, III. He is present in -
court. He is pro se.
The petition for special relief
involves issues of relocation; custody and
visitation with respect to a minor child,
Abigail Christine Quinna.n, date of birth
November 23rd, 1996. It's my understanding
the ·parties have reached an agreement for
purposes of the special relief petition which
is before the Court today.
And I would ask Attorney Ratchford
to place that agreement on the record.
MR. RATCHFORD:
Honor. Just to reiterate,
filed on May 14th, 2001.
the nature of relocation.
Thank you, Your
the petition was
It is a petition in
Jennifer Quinnan
will be moving to the Harrisburg area we
believe in the middle of the month of June
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2001 to join her husband who has been
reassigned for work purposes. Consequently,
we will be modifying the existing order which
has been handed down by this Court on August
31st, 2000 signed by Judge Marhut
incorporating the parties stipulation or
parenting plan which was attached thereto.
The order of Court will remain the
same with the following modification: Mrs.
Quinnan will be moving to the Harrisburg area
necessitating some adjustments in the every
other weekend schedule of the parties. It is,
therefore, agreed that given this relocation
to the Harrisburg area with her daughter
Abigail that again there will be every other
weekend visitation or custody period which
will be exchanged between the parties, that'
the parties will share transportation.
Mr. Ale!lo will be exercising ·
custody this weekend, which is June 8th,
2001. The actual move will be thereafter. So
his next visitation period which would begin
June 22nd will be as follows: From that point
forward, the parties will meet at 6:00 at the
Cracker Barrel at the Schuylkill Mall. That's
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where the child will be exchanged and a
similar exchange made. obviously at 6:00 every
other Sunday between mom and dad at the
Cracker Barrel at 6:00 on Sunday.
Now, with respect to some other
issues, the .parties have also discussed
summer -- summer vacation schedules. And we
will be reciting on the record exactly what
those -- what that schedule will consist of.
Beginning in July from the period of July 2nd
through the 8th -- 2nd through the 8th father
will be exercising his first non-consecutive
week of Vacation. During that period mother
will have some time with the child on July 4th
pursuant to the existing order but that time
will be modified to 9:00 to 2:00 in the
afternoon conditioned upon her presence here
in the Lackawanna County area.
That transfer will occur at the
Talbot's store or Talbot's Mall in the Clarks
Summit area as has been the previous practice
of the parties. Subsequent to that point in
July, mother will be exercising her period of
vacation from the 25th of July to the 5th of
August, and then father will exercise his
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second week of vacation from the 6th of
July -- I'm sorry -- 6th of August to the 12th
of August returning the child at that
Schuylkill Mall at 6:00 on Sunday.
Child begins, I believe, preschool
on the 13th of the month. So we might want to
make some adjustments to the exact time to
give her enough sleep the following day. It's
the first day of preschool. With respect to
some other issues, the parties have also
agreed prospectively from this point for the
year 2002 that father will exercise a period
of vacation with the child on the third week
of January 2002.
Mother will exercise a vacation
period with the child during the holy week of
2002 which will begin on Palm Sunday and to
the following Easter Sunday with the
exception, of course, the father will b~ able
to exercise time pursuant to the existing
schedule, half a day on Easter of 2002. The
parties will continue to abide by the existing
Court order.
They will also continue to
communicate in the best interest of their
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child, and also obviously there will be
telephone and mail access to the child during
periods of non-custodianship.
THE MASTER: Agreeable?
MR. AIELLO: Yes.
MR. RATCHFORD: Did you want to --
(The parties were sworn.)
THE MASTER: You heard the agreement
that was placed on the record by your
counsel?
MS. QUINNAN: Yes.
THE MASTER: Do you understand
MS. QUINNAN:
THE COURT:
MS. QUINNAN:
Yes.
Any questions?
I guess I was under
the impression that the holy week was an every
year thing because of our religion and I
thought he agreed to that~
THE MASTER:
it as well.
I thought he agreed to
MS. QUINNAN:
question.
That was my only
THE MASTER: Do you understand this
agreement will be reduced to a Court order and
that if you should violate any of the
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provisions of the Court order you could be
brought before the Court on contempt charges?
MS. QUINNAN: Yes.
THE MASTER: Do you understand that
if you were found in contempt it could
jeopardize 'your future rights of custody and
visitation with respect to this child?
MS. QUINNAN: Yes.
THE MASTER: Mr. Aiello, do you
understand the agreement that was placed on
the record?
MR. AIELLO:
THE MASTER:
MR. AIELLO:
THE MASTER:
Yes.
Any questions?
No, sir.
Do you understand if
you should violate any of the provisions of
this agreement and order you could be brought
before the Court on contempt'charges?
MR. AIELLO: Yes. "
THE MASTER: If you are found in
contempt it could jeopardize your future
rights of custody and visitation with respect
to Abigail.
MR. AIELLO: Yes.
THE MASTER: We'll ask the court
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reporter to reduce this to writing and submit
it to the Court for signature. We'll see to
it each of you get a copy of it. You'll leave
here today with the understanding it's a Court
order effective immediately.
MR. RATCHFORD: Thank you, Your
Honor.
JENNIFER LYNN QUINNAN
PLAINTIFF
V.
NICHOLAS T. AIELLO, III
DEFENDANT
: 02-1505
: IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 08, 2002 at 10:00 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/ Dawn S. Sunday. 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 heating or business before the court. You must attend the
scheduled conference or heating.
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JENNIFER LYNN QUINNAN,
PLAINTIFF/RESPONDENT
VS.
NICHOLAS T. AIELLO,lil
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 02-1505 - CIVIL
DEFENDANT/PETITIONER'S PETITION TO TRANSFER VENUE
NOW COMES the Defendant/Petitioner, Nicholas T. Aiello, III, by and
through his attorney, Brian J. Call, Esquire, and files the following Petition to
Transfer Venue:
1. The Defendant/Petitioner is Nicholas Aiello, III, who currently
resides at 123 Parkwood Avenue, Clarks Summit, Lackawanna County,
Pennsylvania.
2. The Plaintiff/Respondent is Jennifer Lynn Quinnan, who currently
resides at 2163 Rear Marker Street, Camp Hill, Cumberland County,
Pennsylvania.
3. The parties are the parents of one (1) minor child, specifically,
Abigail Christine Quinnan, born on November 23, 1996.
4. All previous custody/visitation matters regarding the minor child
has been determined by the Court of Common Pleas of Lackawanna County
at Docket #2000-CIV-3006, specifically by custody/visitation orders dated
August 31, 2000, July 23, 2001, and most recently June 25, 2002.
5. As recent as June 25, 2002, the Court of Common Pleas of
Lackawanna County issued an Order regarding custody/visitation of the
minor child and the Plaintiff/Respondent did not object at any time to said
jurisdiction by Lackawanna County.
6. Lackawanna County continues to assume jurisdiction and venue in
this action and has never declined the same.
7. The Plaintiff/Respondent filed a Complaint for Custody regarding
the minor child in the Court of Common Pleas of Cumberland County at the
above captioned docket number.
8. The Court of Common Pleas of Lackawanna County has continually
presided over this case and retains jurisdiction and is the proper venue over
the custody/visitation rights of the minor child.
9. Lackawanna County is the child's home county and it is in the best
interest of the minor child that Lackawanna County continue its jurisdiction
over this matter.
10. The minor child has a significant connection with Lackawanna
County and Lackawanna County contains substantial evidence concerning
the child's present or future care, protection, training, and personal
relationships.
11. Pursuant to the Uniform Child Custody Jurisdiction Act,
Pennsylvania Rule of Civil Procedure 1915.2 regarding Venue, and case law
of this Commonwealth, the Plaintiff/Respondent's Complaint for Custody
filed in Cumberland County must be stricken and dismissed and venue
transferred exclusively to Lackawanna County.
WHEREFORE, the Plaintiff/Respondent's Complaint for Custody flied in
Cumberland County should be dismissed and stricken for lack of jurisdiction
and venue with venue being transferred exclusively to Lackawanna County.
Attorney for Defendant/Petitioner
103 East Drinker Street
Dunmore, PA 18512
(570) 344-2029
ID#26069
JENNIFER LYNN QUINNAN,
PLAINTIFF/RESPONDENT
VS.
NICHOLAS T. AIELLO,III
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: CIVIL ACTION - LAW
: IN CUSTODY
.' NO. 02-1505 ~ CIVIL
CERTIFICATE OF SERVICE
NOW this 13th day of Au.qust, 2002, I hereby certify that I served
a true and correct copy of the Petition to Transfer Venue on the following
counsel by forwarding the same via U.S. MAIL, POSTAGE PREPAID, as
follows:
Austin F. Grogan, Esquire
24 North 32nd Street
Camp Hill, PA 17011
Dawn S. Sunday, Esquire
Custody Conciliator
39 West Main Street
Mechanicsburg, PA 17055
BRIAN J.
Attorney for the DEFENDANT/PETITIONER
103 East Drinker Street
Dunmore, PA 18512
(570) 344-2029
IN THE COURT OF COMMN PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
Carrie CApe
movant : No. 02-227
V. : Civil Action-Law
William CApe : In Custody-contempt
respondant
Motion for Contempt
AND NOW here comes Carrie CApe by and through her Attorney, Daniel Pollock,
Esq. to bring forth a petition asking that William CApe be found in Contempt of Court for
violating this Court's Order concerning his supervised contact of his three children.
1. This Court granted the petition of Carrie CApe of July 3, 2001 to limit William
CApe to periods of supervised visitation and reasonable phone contact with his three
children due to his threats and comments made to his children.
2. The condition for this supervised visitation and contact to be lifted and full partial
custody fights to be restored was the sucessful completion of out patient treatment or the
statement by his treatment team that he was no longer a threat to commit suicide or to
threaten to harm himself or others.
3. Carrie CApe was/is to supervise all contact between William CApe and their 3
children.
4. During the week of August 6, 2002 William Gipe discovered that 2 of his children
were staying at the home of Terry Hilliard in Carlisle, Pa.
5. During the week of August 6, 2002 William CApe contacted or attempted to
contact his daughters at the home of Terry Hilliard
6. Upon finding out that Mr. CApe was attempting to make unsupervised contact with
his children via telephone Carrie CApe contacted her attorney who contacted Mr. CApe's
attorney and explained that Mr. CApe was in contempt for contacting the children when
they were away from home without their mother, and asked that he cease and desist
contacting the children when their mother was not present.
7. Jennifer Haverly, Certified Legal Intern, agr-~r~cl that she would contact William
CApe and ask him to contact the children through Mrs. CApe.
8. During the week of August 12, 2002 Mr. CApe again attempted to contact the
children at the home of Terry Hilliard, who at Mrs. Gipe's direction, would not allow
Mr. Gipe access to the children.( The Children were at the pool at the time).
9. At this time a friend of Mr. Gipe threatened Terry Hilliard with legal consequences
if she did not allow Mr. G-ipe contact with the children.
10. Mr. Gipe's contact with the children is to be supervised.
11. Mr. Gipe's contact with the children is supervised in part due to threats he has said
to the children.
12. Mrs. Gipe is supposed to be the supervisor of such contact.
13. Mr. Gipe's contact and attempts at contact with his children at the home of Terry
Hilliard is unreasonable because: a. is it unwanted and unwelcome, b. forces a third party
to monitor his phone conversations, and c. goes against the letter and sprit of the order
which limits Mr. Oipe's contact with his children.
Wherefore Mrs. Gipe prays that Mr. Gipe be found in contempt of the Order
limiting his contact with his children, be directed not to contact the children outside of
Mrs. Gipe's presence, and be directed to pay Mrs. Gipe's Attorney fees for this action
which are estimated at $300 should this matter go to hearing.
Daniel Pollock, Esq.
Attorney for the Petitioner
Carrie Gipe
Daniel Pollock, Esq.
3105 Old Gettysburg Road
Camp Hill, Pa. 17011
Pa. Super. Id. 70315
(717) 737-7566
VERIFICATION
I verify that the statements made in this motion are tree and correct to the best of
my knowledge. I understand that false statements knowingly made herein are subject to
the penalities of 18 Pa. C.S. 4904 regarding unswom falsifications to Authorities.
'lSX~_~) - CaT-'rie Gipe
AFFIDAVIT OF SERVICE
On August 14, 2002 I, Daniel Pollock, Esq. did serve this motion for contempt
upon the following interested parties by personal service.
Jennife Haverly, Certified Legal Intern
Dickinson School Of Law
Family law Clinic
45 N. Pitt Street
Carlisle, Pa. 17013
Daniel Pollock, Esq
JENNIFER LYNN QUINNAN,
PLAINTIFF/RESPONDENT
VS.
NICHOLAS T. AIELLO, III
DEFENDANT/PETITIONER
: IN THE COURT OF COMMON PLEAS
· . OF CUMBERLAND COUNTY
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 02-1505 - CIVIL
RULE AND ORDER
NOW, this~/~day of ~m~~, 2002, upon the foregoing
Petition to Transfer Venue, the Court grants a Rule on the
Plaintiff/Respondent to show cause why the attached Petition should not be
granted.
Rule returnable on the ~L~_ day of ~ 2002,
o'clock, ~. M. and a heari~cj/argument to ben'eld on the ~day of
~ 2002, at Z,~ ~ ~o'clock, ~. M. in Courtroom J'~
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER LYNN QUINNAN
Plaintiff
NICHOLAS T. AIELLO, III
Defendant
NO. 02-1505 Civil Term
CIVIL ACTION - CUSTODY
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the appearance of Austin F. Grogan, Esquire and enter the appearance
of Theresa Barrett Male, Esquire as counsel for Plaintiff in this proceeding.
Date: September
,2002
Austin F. Groga94~s~
Date: September ~ ,2002
Theresa Barrett Male
Supreme Court # 46439
513 Nor~ Second Street
Harrisburg, PA 17101
(717) 233-3220
Counsel For Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER LYNN QUINNAN
Plaintiff
NICHOLAS T. AIELLO, III
Defendant
: NO. 02-1505
: CIVIL ACTION - CUSTODY
PLAINTIFF'S MOTION TO STRIKE AND LIMIT
DEFENDANT'S PETITION TO TRANSFER VENUE
1. On March 28, 2002, Plaintiff Jennifer Lynn Quinnan ("Mother") instituted the
instant action for custody of the parties' daughter, Abigail Christine Quinnan (dob: 11/23/96))
2. Prior to Mother's filing of this action, the Lackawanna County Court of Common
Pleas had entered two orders, which merely approved the parties' private custody agreements:
08/31/00 Order approving Parenting Plan
07/23/01 Order approving Stipulation
3. When Mother institued this action,
no proceedings were pending in the
Lackawanna County court.
~ At that time, Mother was represented by Austin F. Grogan, Esquire. Current counsel
entered her appearance on September 23, 2002.
4. During the pendency of this action, Father filed a special relief petition in the
Lackawanna County court on June 6, 2002.
5. Father's petition was limited solely to the issue of his 2002 vacation with Abigail.
6. After the parties privately resoved the 2002 summer vacation issue, the
Lackawanna County court entered an order on June 25, 2002 incorporating the agreement.
7. At no time has the Lackawanna County court held any evidentiary hearings on or
made any findings regarding Abigail's best interests.
8. Mother and Abigail have resided continuously in Cumberland County since June
2001.
9. Defendant Nicholas T. Aiello, III ("Father") resides in Lackawanna County.
10. Abigail has never resided with Father.
11. Father did not challenge Mother's relocation with Abigail to Cumberland County
in June 2001.
12. Without objection to this Court's jurisdiction or venue, Father participated in the
custody conciliation conference held with Dawn M. Sunday, Esquire, on May 8, 2002.
13. Father filed his "petition to transfer venue" on August 21, 2002, nearly five
months after Mother instituted this action, and just one week before the rescheduled conciliation
conference was to be held on August 28.
14. Father alleges that this Court lacks jurisdiction. Petition to Transfer Venue at ¶¶
4through 9.
15. Lack of jurisdiction must be raised by preliminary objections.2
16. Father did not file preliminary objection to Mother's complaint asserting lack of
jurisdiction.
17. Father alleges that this Court is the improper venue for custody.
Transfer Venue at ¶¶ 6, 8 and 11.
18. Improper venue may be challenged only by preliminary objection?
19.
Petition to
Father did not file a preliminary objection to Mother's custody complaint asserting
improper venue.
20. If improper venue is not raised by preliminary objection, it is waived.4
21. Father alleges that Abigail has a significant connection with Lackawanna County
and that Lackawanna County "contains substantial evidence concerning the child's present or
future care, protection, training, and personal relationships." Petition to Transfer Venue at ¶
10.
22. Father does not allege any other grounds as the basis for his petition.
Wherefore, Plaintiff requests the court to strike Defendant's "petition to transfer venue"
on the grounds of improper venue and lack of jurisdiction for failing to file preliminary
2 Pa. R.C.P. 1028 (a)(1).
3 Pa. R.C.P. 1006 (e).
4 See supra note 3.
See also the Note to Rule 1028 (a)(1).
objections, and to limit the October 3, 2002 hearing to the substantial connections test as alleged
in paragraph 10 of Defendant's petition.
Date:
September 25, 2002
Respectfully submitted,
Theresa Barrett Male, Esquire
Supreme Court #46439
513 North Second Street
Harrisburg, PA 17101
717-233-3220
Counsel for Plaintiff
4
VERIFICATION
I, Jennifer Lynn Quinnan, state upon personal knowledge or information and belief that
the avermems set forth in the foregoing document are tree.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§ 4904, relating to unswom falsification to authorities.
Jennif~Lynn Quim~
Date:
,2002
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the persons and
in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440:
Service via first-class mail addressed as follows:
Brian J. Cali, Esquire
103 East Drinker Street
Dunmore, PA 18512
Attorney for Defendant
Theresa Barrett Male, Esquire
Supreme Court # 46439
513 North Second Street
Harrisburg, Pennsylvania 17101
(717) 233-3220
Counsel for Plaintiff
Date: September 26, 2002
Theresa Barrett Male
Supreme Court # 46439
513 North Second Street
Harrisburg, PA 17101
(717) 233-3220
Counsel For Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER LYNN QUINNAN :
Plaintiff :
v. : NO. 02-1505
:
NICHOLAS T. AIELLO, III :
Defendant : CIVIL ACTION - CUSTODY
PLAINTIFF'S ANSWER TO
DEFENDANT'S PETITION TO TRANSFER VENUE
1. Admitted. By way of further answer, the parties' daughter, Abigail Christine
Quinnan (dob: 11/23/96), has never resided with Defendant ("Father").
2. Admitted. By way of further answer, Plaintiff ("Mother") and Abigail have
resided continuously in Cumberland County since June 2001.
3. Admitted.
4. Denied as stated. The Lackawanna County Court of Common Pleas has not
determined any matters relating to custody of Abigail. Rather, that court merely has approved
the parties' agreements, as evidenced by the following:
08/31/00
07/23/01
06/25/02
Order approving Parenting Plan
Order incorporating Stipulation
Order incorporating Stipulation
10. This paragraph states a legal conclusion for which no response is required. To
the extent that the paragraph also alleges facts, Mother denies the allegation and demands strict
proof at trial.
11. This paragraph states a legal conclusion for which no response is required. To
the extent that the paragraph also alleges facts, Mother denies the allegation and demands strict
proof at trial.
Wherefore, Mother requests the court to deny Defendant's petition to transfer venue.
Respectfully submitted,
Supreme Court #46439
513 North Second Street
Harrisburg, PA 17101
717-233-3220
Counsel for Plaintiff
Date: September 25, 2002
VERIFICATION
I, Jennifer Lynn Quinnan, state upon personal knowledge or information and belief that
the averments set forth in the foregoing document are true.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§ 4904, relating to unswom falsification to authorities.
Jen~fer Lynn ~uihnan '
Date: oR !~.~ ,2002
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the persons and
in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440:
Service via first-class mail addressed as follows:
Brian J. Cali, Esquire
103 East Drinker Street
Dunmore, PA 18512
Attorney for Defendant
Theresa Barrett Male, Esquire
Supreme Court # 46439
513 North Second Street
Harrisburg, Pennsylvania 17101
(717) 233-3220
Counsel for Plaintiff
Date: September 26, 2002
Theresa Barrett Male
Supreme Court # 46439
513 North Second Street
Harrisburg, PA 17101
(717) 233-3220
Counsel For Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER LYNN QUINNAN
Plaintiff
Vo
NICHOLAS T. AIELLO, III
Defendant
NO. 02-1505
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, October ~ , 2002, upon agreement of the parties, the Court
CONTINUES the argument/hearing set on Defendant's Petition to Transfer Venue, which had
been scheduled for October 3, 2002 at 1:00 p.m., _~5'r
the interim, absent exigent circumstances
involving the child's health and safety, neither party will file any pleadings or motions regarding
custody of the child.
Distribution:
Edward E. Guido, J.
Theresa Barrett Male, Esq., 513 N. Front St., Harrisburg, PA 17101
Brian J. Cali, Esq., 103 East Drinker St., Dunmore, PA 18512
VtNVA"1Ac,:3N NEJd
XLNnOO ~,, ~;
L*I :~tH~/ ~- .L~0 7,0
THERESA BARRETT MALE
COUNSELOR AT LAW
THERESA BARRETF MALE
513 NORTH SECOND STREET
HARRISBURG, PENNSYLVANIA 17101
SUSAN C. APPLEBY, PARALEGAL
JONATHAN J. MALE, LEGAL ~sSlSl'ASrr
Sandy Davis, Judicial Assistant
Honorable Edward E. Guido
Cumberland County Courhouse
1 Courthouse Avenue
Carlisle, PA 17013
September 30, 2002
(717) 233-3220
FAX (717) 233~o862
Re: Quinnan v. Aiello (# 02-1505)
Dear Sandy:
This will confirm our telephone conversation of today's date regarding the October 3, 2002
argument and hearing in the above-referenced custody action.
In order to explore settlement options, the parties wish to continue the matter for thirty days.
I have enclosed a proposed order to that effect, plus:
1. two (2) copies of the order.
2. two (2) envelopes for service on counsel.
If you have any questions, please do not hesitate to contact either me or Attorney Cali.
Thank you for your assistance.
Sincerely,
TBM/sca
Enclosures
cc: Brian J. Cali, Esquire (w/enc)
Jennifer L. Quinnan (w/enc)
via hand-delivery
STIPULATION FOR ENTRY OF CUSTODY ORDER
This Agreement is entered into on ~/~roce_,/5~t.. ~ , 2002 by Jennifer Lynn
Quinnan ("Mother") and Nicholas T. Aiello, III ("Father").
RECITALS
Whereas, the parties are the parents of Abigail Christine Quinnan (dob: 11/23/96); and
Whereas, Mother resides in Cumberland County with Abigail and Father resides in
Lackawanna County; and
Whereas, pending in the Cumberland County Court of Common Pleas is Father's petition
to transfer venue; and
Whereas, the Cumberland County Court has set argument and hearing on Father's
petition for November 18, 2002; and
Whereas, the parties desire to resolve this matter, and other issues related to the custody
and the support of their child.
Now Therefore, Mother and Father, each intending to be legally bound, covenant and
agree as follows:
1. The parties will share legal custody.
2. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete
access to the children's medical, dental, religious and school records.
3. Abigail will continue to be raised Roman Catholic.
4. Mother will have primary physical custody.
5. Father will have partial physical custody as follows:
a. Alternating weekends from Friday at 6:30 p.m. to Sunday
at 6:30 p.m.
b. Every Christmas Day from 3:00 p.m. to 9:00 p.m.
c. Father's Day weekend from Friday at 6:30 p.m. to Sunday
at 6:30 p.m.
6. All other holidays, including Holy Week, from Palm Sunday at 9:00 a.m. through
Easter Monday, are reserved to Mother.
7. Mother's Day weekend is reserved to Mother.
8. During the summer months, Mother will be entitled to two (2) weeks, either
consecutive or non-consecutive, of uninterrupted custody, provided she gives Father thirty (30)
days' written notice of the dates.
9. Unless the parties agree otherwise, they shall exchange custody at the Cracker
Barrel Restaurant off the Frackville exit of 1-81.
10. Each parent shall have reasonable telephone contact with Abigail when she is in
the custody of the other parent. "Reasonable" means one call every other day between the hours
of 10:00 a.m. and 8:00 p.m.
11. The Cumberland County Court of Common Pleas shall have sole and exclusive
jurisdiction over all custody matters involving the parties and Abigail. Concurrently with
execution of this stipulation, Father shall file a praecipe discontinuing his custody action in the
Lackawanna County Court of Common Pleas.
12. Mother's counsel shall submit this stipulation to the Cumberland County Court
of Common Pleas for entry of'a custody order incorporating its terms.
13. Concurrently with entry of the Cumberland County custody order, Mother shall
notify the appropriate Domestic Relations Section that she agrees to reduce Father's monthly
child support obligation to $200.00 per month.
14. Provided such coverage is available to Mother through her employer at nominal
cost, Mother shall provide medical insurance. Each party shall pay fifty percent (50%) of the
child's uninsured medical expenses, as that term is defined for support purposes.
In Witness Whereof, the parties have set their hands and seals the day and year first
written above.
Witness:
Brian~
Jenny; Lynn ~in~a~
./'""? Z /' 7 /zc-
Nicholas T. Aiello, III
Theresa Barrett Male
Supreme Court # 46439
513 North Second Street
Harrisburg, PA 17101
(717) 233-3220
Counsel For Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER LYNN QUINNAN
Plaintiff
Vo
NICHOLAS T. AIELLO, III
Defendant
NO. 02-1505
:
:
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, November ~ ~'~ ~ , 2002, upon consideration of the attached Stipulation
for Entry of Custody Order executed by Plaintiff Jennifer Lynn Quinnan and Defendant Nicholas
T. Aiello, III, the terms of which resolve the pending custody action, including the petition to
tranfer venue, the Court ORDERS that the parties' legal and physical custody of their daughter,
Abigail Christine Quinnan (dob: 11/23/96), shall be as set forth in the Stipulation, which is
incorporated into and made a part of this Order of Court.
Edward E. Guido
Distribution:
Theresa Barrett Male, Esq., 513 N. Front St., Harrisburg, PA 17101
Brian J. Cali, Esq., 103 East Drinker St., Dunmore, PA 18512
JENNIFER LYNN QUINNAN, : Plaintiff ·
vs. · 02-1505
NICHOLAS T. AIELLO, ·
Defendant ' IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
ORDER OF COURT
AND NOW, this 7th day of January_, 2003 , the conciliator, being advised by
counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes
jurisdiction.
FOR THE COURT,
CC:
Brian J. Cali, Esquire - Counsel for Father
Jennifer L. Quinnan, Mother
JENNIFER LYNN QUIN AN, :
Plaintiff :
:
vs. : 02-1505
:
NICHOLAS T. AIELLO, :
Defendant : IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
Abigail Christine Quinnan
DATE OF BIRTH
November 23, 1996
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held on May 8, 2002, with the following individuals in
attendance: The Mother, Jennifer L. Quinnan, with her counsel, Austin F. Grogan, Esquire, and the
Father, Nicholas T. Aiello, who was not represented by counsel.
3. During the conference, the parties discussed at length arrangements for primary physical
custody, partial physical custody and holiday custody. However, at the conclusion of the conference,
the Father indicated that he was not willing to commit to the arrangements until he consulted with an
attorney who would contact the conciliator accordingly. Subsequently the Father retained Brian Cali,
Esquire, who filed a Petition to Transfer Venue. The Court issued a Rule to Show Cause on the
Father's petition on August 21, 2002. Counsel requested that the conciliator continue the conciliation
process pending the determination of proper venue.
4. On January 6, 2003, the conciliator was advised by Brian Cali's office that the parties have
entered into a stipulation for custody arrangements, which stipulation had been entered as an Order by
the Court. The conciliator was also advised by Austin Grogan's office that he no longer represents the
Mother in this matter.
5. Accordingly, an Order is attached relinquishing jurisdiction.
Date
-~_
Da~. Sunday, Esquire
Custody Conciliator