Motion To Quash Guidelines

I plan on filing a motion to quash tomorrow at the local Court of common pleas for a unlawful and illegal Custody Order that was put into place under fraudulent terms. Is there a certain amount of time one has to file a motion to quash? Or may it be filed at any point from the time i received a refusal for my exceptions to the custody order?

Do you know what the guidelines are for the State of Pennsylvania for filing a motion to quash?

So you are not able to provide me with the Motion to Quash guidelines simply for the state of PA? Not for Beaver County ...just for the State of PA?

Are you unable to refer to the Pennsylvania Rules of Civil Procedure and provide me with the answer?

Ok this is the information on the case and the reasoning for the mother filing exceptions to the proposed temporary custody agreement that the Probation Officer who was fraudulently allowed to act and be presented as a Child Custody Conference Officer, created and submitted to the court.

The Mother filed the exceptions and they were denied immediately and even further the Judge wrote "no exceptions will be heard on the matter by the court". All of this is extremely illegal and goes against many rules of the courts. Im going to now share the mothers reasons for the exceptions and the backstory of what has happened so far.:

 Child Custody Exceptions Petition listing all the aspects of the temporary custody agreement in which a biased child custody Conference Officer who is truly a Probation Officer at the Courthouse and does not obtain any of the requirement necessary to be classified as a "Conference Officer". However he was still given the families private information and was allowed to fraudulent make decisions regarding the families child custody agreement and in turn created the biased temporary custody agreement that has been placed in the new child custody agreement. In the state of Pennsylvania. The Mother and Father's current Custody Agreement for the last 10 years has been : The Mother: Has physical Custody of the Child.The child lives with the mother. The Father: Has visitation Tuesday & Thursdays from 4pm to *:* pm at his home. Also, every other weekend from Friday at *:* pm to Sunday at *:* pm. Transportation is split between the parents, meaning the mother must provide transportation home from the father's home during the Fathers visitations. There was a child custody Conference held after the Mother filed a petition for Modification of the Custody order in order to get a summer schedule added in writing due to the Father creating issues now that summer has arrived. During the custody Conference, overseen and ran by a Probation Officer who exhibited extreme bias, showing extreme contempt and irritability to the mother, dismissing all concerns the mother raised and only spoke at all, to defend the Father. After meeting with the mother and father, the mother insisted he meet with the child, the teenage daughter of *. 1st instance of the Officers bias is that when meeting with the child he stated outright " Come on in, I already made my decision on this case before you guys even arrived here, but I still have to meet with you all so I promise this won't take long". 2nd Instance: the Probation officer said to the child "So your mother thinks your Father should be responsible for providing the transportation for his visits, but we like to do things fair here so". All of these instances of extreme bias and unprofessional behavior on the part of the Probation officer, are the prelude to the most solid proof of his bias, which is the temporary child custody order he delivered to the court. The Probation officer completely disregarded every single concern the mother raised. He even referenced the mothers petition to the court as " The mother had a Very Lengthy filing which is on file in which the parties had operated with a status quo outside of the agreement", and also "the only thing the mother was seeking was that the father be responsible for all the transportation of the minor ". He never mentions anything the mother was concerned with, he spends the next page and a half praising the father and gives the father what he wanted and more. Cutting the mothers time lower, even lying that the mother stated all she was seeking was the father be responsible for all the transportation of the minor which the mother never stated, and also to reference to all the concerns the mother raised in her petition as what he did, shows he has no concern whatsoever for the best interest of the child. The Probation officer stated that the agreement he recommends to the court is : The father is now to get the child FRIDAY, Saturday, Sunday, Monday, and Tuesday every other week, and on the weeks in between his weekend visits to have the child Monday to Tuesday. This has caused the child to now have night terrors, depression, anxiety, loss of appetite, and feelings of hopelessness due to the Courts complete dismissal of the mother and the child's requests. The Father's home is filthy, absolutely not anywhere near the level of anything a child should be living in. The mother came to the father's home twice for * hours each visit to help clean due to the Father failing multiple inspections and at risk of being evicted. The mother found a completely cockroach infested dwelling. The mother has photos of the house and the standard of living the child is subjected to. At one point in broad daylight there were cockroaches climbing the walls, and the child showed no fear or alarm and simply stated "they do that all the time". Showing even more how accustomed the child has become to living in these conditions. The father has been diagnosed with Congestive Heart failure, and goes weeks upon weeks without showering. The Father urinates in cups in the kitchen with the girls in the next room and even urinates In bottles in the vehicle with the girls. One instance the father overflowed a cup with urine and it began spilling all over the floor in the kitchen, which the girls then had to clean up. The girls aren't simply subjected to mere "chores" at her father's, she is a maid. She is expected upon every visit to clean the house. Piles upon piles of her father's dirty dishes, urine covered walls in the bathroom, whatever it may be, the father makes her responsibility. Even though she does not live there. The father does not assist with any of the cleaning. The Child had no bed at her father's so the mother and father in law provided a bed for the child at her father's. The child had no TV, so the mother purchased a TV and TV stand. The child had no cable so the mother purchased a FIRESTICK so the child could watch Television. The child had no curtains in her room, so the mother purchased curtains for her room at her father's. The mother has purchased groceries and had them delivered to the fathers on several occasions. The mother also had accomodated the father every instance he's asked. That being picking the child up early and delivering her much later almost every visit he has with the child. The father also requested his visitation days be changed to Monday and Tuesday versus Tuesday and Thursday, which the mother has always accomodated. There has never been a summer schedule where the father had the child for 5 days in a row. Not ever. The father only had the child the Summer of * due to taking trips out of State with the child which led to him having her longer but never has there been an order, be it verbal or written where the father was granted such a length of time with the child. The Father smokes Marijuana and cigarettes in the room with the child. He has spoken and done highly inappropriate things to the child. A recent incident was the child's weekend visit where her good friend stayed with her at her Father's. The girls were in the living room and the father was about to leave but wouldn't say where he was going, this led to the girls teasing him by saying "are you sneaking off to your secret boyfriends house" in which the father stated " don't be mad I like getting my asshole licked". This stunned and grossed out the girls so much that the children retreated to the child's bedroom immediately, the child's friend was extremely uncomfortable and as it stands now, the child's friend no longer wishes to visit the child at her father's home and will only visit when the child is at her Mother's. Worst of all, the father took photos of the girls sleeping and quote "sent them to his boys". What 40 year old men are interested in random photos of * teenage girls sleeping? I'm sure I can imagine what sort. The father also speaks of his sexual issues and escapades. Telling the child how he is struggling with getting an erection. That he sleeps with a local prostitute and when the woman arrived one night, and since he couldn't quote "get an erection" he told the child, there was no point of seeing her as he could not perform that night. All of this on top of the fact that the father molested the child and her younger sister when they were little is very much the foundation for the mental issues the child is struggling with today. The child now sees a therapist once a week and a psychiatrist once a month for very serious mental and emotional trauma. To digress, the father should absolutely be held responsible for transportation to HIS VISITATION WITH THE CHILD. The mother provides for any and everything the child needs. Always has. The mother doesn't ask the father for assistance getting the child to appointments or provide any of the child's needs or wants.The father has never been made to pay child support and never has. So why is it the mother should have to provide transportation to THE FATHERS VISITS? That is what the mother stated. Also, as far as the summer schedule. There is absolutely no reason the schedule should be changed now after all these years. The Father told the child directly recently if she did not want to be there she did not have to be and that he would admit it to the Courts and she would not have to come there any longer. The mother has proof in writing of the father stating this. To force the child to endure so much extra time at his home only to please his own devious desires and with no thought whatsoever as to what's best for the child is a gross irregularity of the Courts and a horrible failure to the child. The courts top priority is The Best Interest of The Child, yet in this case the child's best interest has not even been mentioned. The mother is requesting exceptions to the proposed order based on all the information provided above

What sort of motion is most appropriate for the mother to file in this situation?

I would like more detais On the procedural steps fur the option to appeal and challenge the court's decision in a higher court

What is a docketing statement? Also is the Beaver County Court of Common Pleas not the appelate Court? If not, what is an appelate court?

Ok so i should file my appeal with the appelate court right? Not with the Court of Common Pleas

Yes i would like detailed steps on how to file with the Superior Court of Pennsylvania if thats who you feel is the mothers best option for her case.

Im confused, you said I shouldn’t file my appeal with the Court of Common Pleas.....but these instructions say to file my appeal with the Court of Common Pleas?

Ok i understand. Thank you. This is wonderful information

How long after I file the Notice of Appeal do i wait to do the next steps? Or do i file the Notice to Appeal and File a docketing statement with the superior court at the same time?

What happens after i file the docketing statement? Do i wait for something in the mail after doing this step? How long after that step do i wait to submit my Brief?

Will i be notified of the apelees brief response? I know You said the apellee we'll respond with their brief and then I may file a reply brief.So does that mean I will be notified when he he makes a response to my brief?

Yes, do I have to notify or I'm sorry? Do I have to serve a copy of my brief to them before submitting it to the court? Or any of the other steps we have mentioned, it's something that I have to give a copy to the other party before filing? Even the notice of appeal?

May I serve the notice of appeal? And the docketing statement to the other party at the same time?

Thank you you have been extremely helpful

What is the difference between appealing to the Superior Court of Pennsylvania and appealing to the Commonwealth court of Pennsylvania in my custody case?

It is at a Court of common pleas in Beaver County PA

May i ask....in a custody proceeding.....are the documents allowed to be delivered by hand by me, a party to the matter or must they be delivered by a 3rd party?

Yes please

Yes please

It says it should be served by a third party, but it doesn't say it must be served by a third party. So does that mean that a party to the case can hand deliver these?

How do I draft a proper Concise Statement of Matters Complained of on Appeal, for the custody matter? It is a requirement when filing the appeal to the Superior Court Of Pennsylvania

Do i provide any of the back information such as what i shared with you previously, as far as the fathers living conditions and treatment of the child

Yes

Since the matter has never went for trial. Because, as you know, the judge denied my exceptions. That I filed against the temporary order that the probation officer drafted.... And even further than that, the judge also put on there that they would not entertain anything in relation to this in trial court. The process usually is when someone files. Exceptions, a trial date is then set.However, since this did not happen in this case.Does that matter for my appeal?

Beaver County Pennsylvania is where the case is presently held. Im not sure if you are able to reference any of the previous information i have shared with you in relation to this case. I would hope so.

Ok so the judge when i Originally came to the court to file for modification of the custody agreement. She had two options to either set the matter to go before the judge.Herself or to schedule it with a custody conference officer.. A conference officer must be an attorney and good standing with the bar for at least five years..... Instead, r so called hearing, which I would not classify it as that at all, went before a probation officer, a very bitter rude probation officer who has absolutely no experience whatsoever in handling these matters.And it was not in any way qualified to make any judgement or to even have had the right to be given any families private personal family information and allowed to PASS JUDGEMENT. THATS #*. #* THE CONFERENCE OFFICER WAS EXTREMELY BIAS AND EVEN SPOKE OUTRIGHT "I ALREADY Made my decision on this case before you guys.Even got here, but I still have to meet with you.....". THAT IS A COMPLETE VIOLATION. HOW DARE HE STATE HE ALREADY DECIDED WHAT HE WAS GOING TO RECOMMEND TO THE COURT WITHOUT EVEN MEETING WITH US, AND THEN HIS RECOMMENDATIONS ARE NOTHING BUT SUPPORTING AND GIVING THE FATHER WHAT HE WANTED AND MORE. WITH ABSOLUTELY * SENTENCE IN THE * PAGES OF RECOMMENDATION HE DRAFTED, WAS THE MOTHER SPOKEN OF. * LINE ON THE ENTIRE DOCUMENT. WHEN I SUBMITTED MY EXCEPTIONS THEY WERE SUBMITTED ONE DAY AFTER THE DATE THEY WERE DUE. THEY WERE DUE AUGUST * * I DELIVERED THEM AUGUST * *. However, it states clearly that if there is good reason for the matter and if the information outlined in the exceptions is pertinent enough and important enough that the judge can absolutely so accept the exceptions... But instead SHE STRONGLY DENIED THEM AND EVEN ADDED A NOTE THAT THE MATTER WILL NOT BE ENTERTAINED IN ANY MANNER SHOULD I FILE ANYTHING FURTHER