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HomeMy WebLinkAbout00-00768JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-768 CIVIL ACTION LAW BETH R. GILFERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 20, 2005 , 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, July 13, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children 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. Sunda 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 pF ENE , „?, ?i 2.32 404s , 2 'JC, i 7951-1-4 RECEIVED JUN 13 2005 JOIL^I D. GILFERT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-768 CIVIL TERM BETH R. GILFERT, CIVIL ACTION - LAW IN DEFENDANT CUSTODY ORDER OF COURT AND NOW, , 2005, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the Conciliator, at on , at .m., 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 /AVLsmm//June 7, 2005 4:07 PM JOHN D. GILFERT, PLAINTIFF V. BETH R. GILFERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Beth R. Gilfert, by and through her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files this Petition for Modification of Custody Order. The following averments are made in support of this Petition: 1. Petitioner/Defendant is Beth R. Kieffer, formally, Beth R. Gilfert (hereinafter referred to as "Mother"), an adult individual who currently resides at 122 S. 16th Street, Camp Hill, PA 17011. 2. Respondant/Plaintiff is John D. Gilfert, (hereinafter referred to as "Father") an adult individual who currently resides at 1517 Invemess Drive, Mechanicsburg, PA 17050. 3. The parties are the parents of the minor child, Anna R. Gilfert, date of birth, August 8, 1996. 4. A custody order was entered on November 3, 2000 and is attached hereto as Exhibit A. 5. On June 2, 2005, the minor child told Mother that Father had hit her in the head. 6. On June 2, 2005 the minor child told Mother that her nose was bleeding after being struck in the head by Father. 7. On June 3, 2005 Mother contacted Father about the alleged abusive incident. 7961-1-4 8. Father admitted to Mother that he had struck the minor child in the head twice, once in the bathroom and once in the bedroom. 9. Father told Mother that he believes he has a right to hit his child and that no one can stop him. 10. Father showed no remorse over the abusive incident. 11. Father also verbally abused the child by calling her a "f***ing piece of s**t" and told her that she should "live on the street". 12. Father has been verbally abusive to the minor child in the past. 13. Father has kicked the minor child in the past. 14. Mother believes that the incidents of Father's verbal and physical abuse are escalating and fears for the child's safety and wellbeing. 15. Cumberland County Children and Youth Services is investigating the most recent incident of abuse. 16. The minor child was diagnosed with Attention Deficit Disorder and anxiety in March, 2005 and takes a prestiption medication. 17. The minor child has started to become distraught when anticipating a return to Father's home following her custodial periods with Mother. 18. Mother believes that it would be in the child's best interests of the minor child to be in Mother's primary care. WHEREFORE, it is respectfully requested that Mother be awarded primary physical custody of the minor child. Further, it is respectfully requested that Father be ordered to attend a ?? I E 7961-1-4 parenting skills class, attend anger management class and begin regular personal counseling to address appropriate parenting behavior and communication skills. Date: 6 - 7 -" ® ?> Respectfully submitted, SMIGEL, ANDERSON &SACKS v zz:) B. Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant VERIFICATION I, Beth Kieffer, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: lp 5 Beth Kieffer 7961-1-4 JOHN D. GILFERT, PLAINTIFF V. BETH R. GILFERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Ann V, Levin, Esquire, counsel for Defendant in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Emergency Petition for Special Relief on counsel for Plaintiff by depositing same in U.S. Mail, first class, postage paid, on the day of June, 2005, addressed as follows: P. RICHARD WAGNER, ESQUIRE MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 SMIGEL, Byi & SACKS, LLP 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Fn ca V(? ' y DECEIVED JUL 18 2005 f JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 00-768 CIVIL ACTION LAW BETH R, GILFERT Defendant IN CUSTODY ORDER OF COURT AND NOW, this f8' day of , 2005, upon consideration of the attached Custody Conciliation Report,'it it ordered and directed as follows: 1. The parties and the Child shall participate in a course of counseling with Deborah Salem, LPC, or other professional selected by agreement between the parties. The purpose of the counseling shall be to assess the Child's needs and identify issues of concern relating to the Child both in the context of the custodial situation and otherwise, and to assist the parties in addressing the identified concerns. The parties shall also obtain recommendations as soon as practicable from the counselor as to custody arrangements which will best meet the Child's needs during the counseling. The Father shall be responsible to pay any costs of the counseling which are not reimbursed by insurance coverage unless a Request for Modification of Support is filed by the Mother in which case the costs would be apportioned through that process. 2. Counsel for the parties may contact the conciliator within three months after the parties complete the counseling provided in this Order to schedule an additional custody conciliation conference, if necessary. cc: V. Levin, Esquire - Counsel for Mother Richard Wagner, Esquire - Counsel for Father A C\ BY THE COURT, RED-OFFICE OF THE PFCTi-OI'OTARY 2005 JUL 18 8f-i t,.. 21 i.Lr%t N! 'A t ?. i . r JOHN D. GILFERT Plaintiff vs. BETH R. GILFERT Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-768 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna R. Gilfert August 8, 1996 Mother/Father 2. A conciliation conference was held on July 13, 2005, with the following individuals in attendance: The Father, John D. Gilfert, with his counsel, P. Richard Wagner, Esquire, and the Mother, Beth R. Gilfert, with her counsel, Ann V. Levin, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator J 0.3 1 JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETH R. GILFERT DEFENDANT 00-768 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 14, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Es q. ___, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 17, 2006 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. Sunda Es q. ii?A 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 OF TH r. . '?# , c _xv c SE;P 1 2 2006 13Y: JOHN D. GILFERT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN CUSTODY BETH R. GILFERT, Defendant :NO. 00-768 ORDER OF COURT You, JOHN D. GILFERT, (Plaintiff) have been sued in court to obtain custody, partial custody or visitation of the child: Anna R. Gilfert. You are ordered to appear in person at (address) . (day and date), at (time), _. m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. on If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. FOR THE COURT: Dated: J. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHN D. GILFERT, :IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN CUSTODY BETH R. GILFERT, Respondent :NO. 00-768 PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW comes the Defendant, Beth R. Gilfert now known as Beth R. Hohnes, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for Modification of a Custody Order, in which she avers that: 1. The Petition of Beth R. Holmes respectfully represents that on November 3, 2000, an Order of Court was entered for Custody, a true and correct copy of which is attached hereto marked as Exhibit A and incorporated herein. 2. A subsequent Order of Court was entered on July 18, 2005, a true and correct copy of which is attached hereto marked as Exhibit B and incorporated herein. 2. The custody arrangement should be modified because: a. The parties themselves, at the recommendation of the child's counselor modified the custody arrangement in August, 2005, such that Plaintiff has custody of the child every other weekend from Friday until Sunday and one evening visitation during the week; b. The child's counselor is of the belief that the child is thriving under the current arrangement; C. The parties' child is happy with the current arrangement; and 1 M. $ d. The Defendant wants the Court to enter an Order providing for the custody arrangement that the parties have been operating under since August, 2005, as a permanent Order of Court. WHEREFORE, Plaintiff respectfully requests that the Court modify the current custody Order as indicated in this Petition for Modification. DATED: 4?--OV of Counsel Respectfully submitted, BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 2 4, . ..'-* VERIFICATION I, Beth R. Holmes, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. DATED: 11-Y-00 Amok02 Beth R. Holmes A. ;. CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 DATED: ??? ? p r 7 G ; -G ik D? `OCT 2 1 7006 i JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 00-768 CIVIL ACTION LAW BETH R. GILFERT Defendant IN CUSTODY ORDER OF COURT AND NOW, this lye- day of oels , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of coparenting counseling with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively coparent their Child. The parties shall select and contact the counselor within 14 days of the date of this Order to schedule the first session. 2. Counsel for the parties may contact the conciliator within three months after the parties complete the counseling provided in this Order to schedule an additional custody conciliation conference, if necessary. 3. On a temporary basis pending completion of the coparenting counseling and further Order of Court or agreement of the parties, the Child shall continue to reside primarily with the Mother and the Father shall have partial physical custody of the Child on alternating weekends from Friday after school through Sunday at 7:30 p.m. and every Wednesday from 4:00 p.m. until 7:30 p.m. 4. The parties shall diligently work toward resolution of the economic issues which are inhibiting their ability to effectively cooperate in making decisions regarding the Child. BY THE COURT, cc: Elizabeth S. Beckley, Esquire - Counsel for Mother P. Richard Wagner, Esquire - Counsel for Father ?' FIIELt --OFFICE OF TNC PROT -,'ONC I-ARY 2066 OC i 24 A1,111:01 ?'I<Nt''?SYt's!ruVGq .. .. W 4P JOHN D. GILFERT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BETH R. GILFERT Defendant Prior Judge: Kevin A. Hess 00-768 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna R. Gilfert August 8, 1996 Mother/Father 2. A conciliation conference was held on October 17, 2006, with the following individuals in attendance: The Father, John D. Gilfert, with his counsel, P. Richard Wagner, Esquire, and the Mother, Beth R. Gilfert, with her counsel, Elizabeth S. Beckley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator H [i1 3? an ? or ro ?z i ? ?, a o m '"?' MSEl on a3 n o X? roH? <''' O -I o f1 ?Z p xn r0H o o z ° z o H a r y m m ro a ? m ? C ti ? a r.Z C C? r? a V JOHN D. GILFERT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :NO. oZ Oo o - / ?nV l.. r c?? C, if CIVIL ACTION -LAW BETH R. GILFERT, IN CUSTODY Defendant. ORDER AND NOW, this \'-1 day of kbc\ Q t= 2000, upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before. P-, the Conciliator, at 9 _?_day W? on' the_ of \ t q L f) O o'clock _(,-x m., 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. FOR THE COURT, By QZ5ftbM\. tl U 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 COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 [ f l1 a?.?? 9 X-co wr-? 4 dW'co eo" ?-? t? 4 JOHN D. GILFERT, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. BETH R. GILFERT, Defendant. NO. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR SHARED PHYSICAL CUSTODY AND NOW, comes the Plaintiff, JOHN D. GILFERT, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint for Shared Physical Custody: 1. The Plaintiff, Dr. John D. Gilfert, is an adult individual residing at 6204 Crosswick Circle, Mechancisburg, Cumberland County, Pennsylvania. 2. The Defendant, Beth R. Gilfert, is an adult individual residing at 793 Scenic Circle, New Cumberland, York County, Pennsylvania. 3. The parties are the natural parents of one child, Anna Gilfert, born August 8, 1996. 4. The aforementioned child was born during wedlock. 5. The natural father of the child is the Plaintiff herein, residing at the address contained in paragraph 1 above; the natural mother of the child in the Defendant herein, residing at the address contained in paragraph 2 above. 6. Since the birth of the child, the child has resided with the Plaintiff and Defendant herein at 6204 Crosswick Circle, Mechanicsburg, Cumberland County, Pennsylvania, until November 1, 1999, when the Defendant herein moved from the marital home to the home of her parents at the address contained in paragraph 2 above, and from that date until the present, the child has spent time alternatively with each of the parents at the addresses contained above. 7. Neither party has been a party to any other action for custody or partial custody of the child, nor does the Plaintiff know of any party in interest other than contained in this Complaint. 8. Plaintiff believes and therefore avers that it is in the best interest of the child to provide a shared legal custody and shared physical custody arrangement in that Plaintiff herein resides in the marital home, the home in which the child has been primarily raised, the Plaintiff herein has a work schedule that accommodates time with the child, and the best interests of the child are promoted and secured by having a shared physical custody arrangement by and between the parties. WHEREFORE, Plaintiff prays this Court to grant relief in the form of shared physical and shared legal custody of the their daughter. Respectfully submitted, Mancke, Wagner, Hershey & Tully .Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: d y 0? I verify that the statements made in the foregoing document 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: ?00Z0T83j ? A3Xtlour wa , \II6N OOA ISNtlNpOY 03tl13?W33B AtlY1 WOtllO9Atl0 IOZ) 3A1H3M13NIHlIM 039010X3 3H1 O1 38NOtl83tl 3tl tltl O mjjaw ntl 3113 Ol 031i11pN A8m Qi ),iinl'8.l3HSH3H 'H3 NE)VAA'3>IZ)NV W 5301330 Mtl A3NH V AEI NOOOV SIHI NI 031W IVNIOIWO 3H1 d0 Ad00 1031d •NOO ONtl 30tl1 tl SI NIH11M 3H1 IVH1 AdI1N30 AE1310H 00 3M x N M DN?z m i c rrr 9 0 Ro 4 n D y ? ,f N a C Q 0.r r,- { 71 C"7 W ?v rA (a??. 1 Ey - <. c n JOHN D. GILFERT, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 768 CIVIL 2000 CIVIL ACTION - LAW BETH R. GlLFERT, IN DIVORCE Defendant. ACCEPTANCE OF SERVICE I, DEBRA A. DENISON-CANTOR, ESQUIRE, attorney for the Defendant, BETH R. GILFERT, do hereby accept service of the Complaint For Shared Physical Custody this day of ,/, 2000, in the above-captioned action. 5 1pa. Q ' ntor, Esquire CT m Fi - - 0 1 C t I Y JOHN D. GILFERT, Plaintiff VS. BETH R. GILFERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this /p v day of lri'uL- , 2000, upon consideration of the attached Custody Conciliat'on Report, it is ordered and directed as follows: 1. The Father, John D. Gilfert, and the Mother, Beth R. Gilfert, shall have shared legal custody of Anna Gilfert, born August 8, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education, and religion. 2. The parties shall have physical custody of the child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 4:30 p.m. through Monday at 8:30 a.m. The alternating weekend schedule shall begin with the Father having custody on Friday, may 12, 2000. B. During weeks preceding the Father's regular weekend periods of custody, the Father shall have custody of the Child from Wednesday at 9:00 a.m. through Thursday at 7:30 a.m. The Father's first period of custody under this sub-paragraph shall begin on Wednesday, May 10, 2000. C. During weeks preceding the Mother's regular weekend periods of custody, the Father shall have custody of the Child from Tuesday at 6:00 p.m. through Thursday at 7:30 a.m. The Father's first period of custody under this sub-paragraph shall begin on Tuesday, May 16, 2000. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this order. 3. The parties shall follow the schedule set forth in paragraph 2 of this order for a period of at least 3 months. In the event either party BLED-OrRCE 0 Tti,=, pp:,HONOTARY 00 m ; 1 ! AM 04- 00 CUNABER 10, '1- UNTY PENNSI'LV,'':iA believes the custody arrangements are not serving the best interests of the Child, counsel for either party may contact the conciliator within 60 days of the expiration of the 3 month period to schedule an additional Custody Conciliation Conference. 4. The parties shall share or alternate having custody of the Child over holidays as arranged by agreement. 5. The parties shall make arrangements for periods of vacation custody with the Child by agreement. 6. Both parties shall strictly follow the detailed allergy protocol recommended by the Child's physician, Robert Wood, MD and shall cooperate in recording in the written log, all food and drink intake by the Child as well as any symptoms exhibited by the Child. Each parent shall be responsible for the purchase and preparation of food for the Child during his or her periods of custody. 7. In the event either party is unavailable to provide care for the Child during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer that parent the opportunity to provide care for the Child before contacting third party caregivers. 8. The parties shall equally share the responsibility to provide transportation for exchanges of custody as arranged by agreement. 9. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE ODURT, J. cc. P. Richard Wagner, Esquire Counsel for Father Debra Denison Cantor, Esquire - Counsel for Mother /1-00 -F?3 JOHN D. GILFERT, Plaintiff VS. BETH R. GILFERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY CUSTODY OONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna Gilfert August 8, 1996 Mother 2. A Conciliation Conference was held on may 2, 2000, with the following individuals in attendance: The Father, John D. Gilfert, with his counsel, P. Richard Wagner, Esquire, and the Mother, Beth R. Gilfert, with her counsel, Debra Denison Cantor, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JOHN D. GILFERT, Plaintiff VS. BETH R. GILFERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 3 %' day of /Var"Ar , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Ccurt dated may 10, 2000 shall continue in effect as modified by this Order. 2. Paragraph 2 of the may 10, 2000 Order shall be replaced with the following provision: The parties shall share having physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 4:30 p.m. through Monday at 8:30 a.m. and during every week from Tuesday at 6:00 p.m. through Thursday at 7:30 a.m. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this order. 3. The Father shall not use the increase in custodial time as provided in this order as a basis upon which to seek a reduction in child support, but instead shall be deemed to have custody of the Child for 43% of the time for child support purposes through May 10, 2004. BY THE COURT, 04 cc: P. Richard Wagner, Esquire - Counsdl for Father Debra Denison Cantor, Esquire - Counsel for Mother / ?"?"' FILED r=?iCE CUPCERL ND Cv)Ul%rry PENNSYLV*I,IA (AVUsmm//June 7. 2005 4:07 PM JOHN D. GILFERT, PLAINTIFF V. BETH R. GILFERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Beth R. Gilfert, by and through her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files this Petition for Modification of Custody Order. The following averments are made in support of this Petition: 1. Petitioner/Defendant is Beth R. Kieffer, formally, Beth R. Gilfert (hereinafter referred to as "Mother"), an adult individual who currently resides at 122 S. 16'h Street, Camp Hill, PA 17011. 2. Respondant/Plaintiff is John D. Gilfert, (hereinafter referred to as "Father") an adult individual who currently resides at 1517 Inverness Drive, Mechanicsburg, PA 17050. 3. The parties are the parents of the minor child, Anna R. Gilfert, date of birth, August 8, 1996. 4. A custody order was entered on November 3, 2000 and is attached hereto as Exhibit A. 5. On June 2, 2005, the minor child told Mother that Father had hit her in the head. 6. On June 2, 2005 the minor child told Mother that her nose was bleeding after being struck in the head by Father. 7. On June 3, 2005 Mother contacted Father about the alleged abusive incident. 7961-1-4 8. Father admitted to Mother that he had struck the minor child in the head twice, once in the bathroom and once in the bedroom. 9. Father told Mother that he believes he has a right to hit his child and that no one can stop him. 10. Father showed no remorse over the abusive incident. 11. Father also verbally abused the child by calling her a "f***ing piece of s**t" and told her that she should "live on the street". 12. Father has been verbally abusive to the minor child in the past. 13. Father has kicked the minor child in the past. 14. Mother believes that the incidents of Father's verbal and physical abuse are escalating and fears for the child's safety and wellbeing. 15. Cumberland County Children and Youth Services is investigating the most recent incident of abuse. 16. The minor child was diagnosed with Attention Deficit Disorder and anxiety in March, 2005 and takes a presription medication. 17. The minor child has started to become distraught when anticipating a return to Father's home following her custodial periods with Mother. 18. Mother believes that it would be in the child's best interests of the minor child to be in Mother's primary care, WHEREFORE, it is respectfully requested that Mother be awarded primary physical custody of the minor child. Further, it is respectfully requested that Father be ordered to attend a 7961-1-4 parenting skills class, attend anger management class and begin regular personal counseling to address appropriate parenting behavior and communication skills. Date: 6 - 7 - o ?L Respectfully submitted, SMIGEL, ANDERSON & SACKS s. Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant VERIFICATION I, Beth Kieffer, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. J Date: Beth Kieffer 7961-1-4 JOHN D. GILFERT, PLAINTIFF V. BETH R. GILFERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Emergency Petition for Special Relief on counsel for Plaintiff by depositing same in U.S. Mail, first class, postage paid, on the day of June, 2005, addressed as follows: P. RICHARD WAGNER, ESQUIRE MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 SMIGEL, & SACKS, LLP Ann V. Levin, Esquire I.D. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Q .,2 JQ Lrl d P a -f- c-? r , Mt N 0 ?rt rn i11 D i a JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-768 CIVIL ACTION LAW BETH R. GILFERT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 20, 2005 , 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, July 13, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: ls/ Dawn S. Sunday, IE Custody Conciliator F? 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 4 "yam -i2 zC .z HJ zz Nnr SOOZ 3Hi JO ANGELA MURPHY, Plaintiff V. SCOTT MURPHY, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -• LAW HIN 211005 NO. 2000-1116 CIVIL TERM IN DIVORCE RULE TO SHOW CAUSE RECEIVED fp 12'f" day of ?w.. 2005, upon consideration of the Petition to Bifurcate, a Rule is issued upon Defendant, Scott Murphy, to show cause why Plaintiffs Petition should not be granted. RULE RETURNABLE Z-G DAYS FROM THE DATE OF SERVICE ON DEFENDANT AND/OR HIS COUNSEL. BY THE COURT: r ?? C I : I I I?'Ij ZZ tlflq ' SO81 A&VIGNOr '"cid 3H! -40 JRECEIVED JUL 18 2005 JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 00-768 CIVIL ACTION LAW BETH R. GILFERT Defendant IN CUSTODY ORDER OF COURT AND NOW, this IV* day of _ lord, _ , 2005, upon consideration of the attached Custody Conciliation Report,'iit i ordered and directed as follows: 1. The parties and the Child shall participate in a course of counseling with Deborah Salem, LPC, or other professional selected by agreement between the parties. The purpose of the counseling shall be to assess the Child's needs and identify issues of concern relating to the Child both in the context of the custodial situation and otherwise, and to assist the parties in addressing the identified concerns. The parties shall also obtain recommendations as soon as practicable from the counselor as to custody arrangements which will best meet the Child's needs during the counseling. The Father shall be responsible to pay any costs of the counseling which are not reimbursed by insurance coverage unless a Request for Modification of Support is filed by the Mother in which case the costs would be apportioned through that process. 2. Counsel for the parties may contact the conciliator within three months after the parties complete the counseling provided in this Order to schedule an additional custody conciliation conference, if necessary. cc: A V. Levin, Esquire - Counsel for Mother Richard Wagner, Esquire - Counsel for Father A V\ BY THE COURT, I Z =h Nd 8I IF SDOZ MViOWH-1 u3d 3Hi 3a JOHN D. GILFERT Plaintiff vs. BETH R. GILFERT Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-768 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna R. Gilfert August 8, 1996 Mother/Father 2. A conciliation conference was held on July 13, 2005, with the following individuals in attendance: The Father, John D. Gilfert, with his counsel, P. Richard Wagner, Esquire, and the Mother, Beth R. Gilfert, with her counsel, Ann V. Levin, Esquire. 3. The parties agreed to entry of an Order in the form as attached. I tj L41 Dates--` Dawn S. Sunday, Esquire Custody Conciliator r. 0 JOHN D. GILFERT, :IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN CUSTODY BETH R. GILFERT, Respondent :NO. 00-768 PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW comes the Defendant, Beth R. Gilfert now known as Beth R. Holmes, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for Modification of a Custody Order, in which she avers that: 1. The Petition of Beth R. Holmes respectfully represents that on November 3, 2000, an Order of Court was entered for Custody, a true and correct copy of which is attached hereto marked as Exhibit A and incorporated herein. 2. A subsequent Order of Court was entered on July 18, 2005, a true and correct copy of which is attached hereto marked as Exhibit B and incorporated herein. 2. The custody arrangement should be modified because: a. The parties themselves, at the recommendation of the child's counselor modified the custody arrangement in August, 2005, such that Plaintiff has custody of the child every other weekend from Friday until Sunday and one evening visitation during the week; b. The child's counselor is of the belief that the child is thriving under the current arrangement; C. The parties' child is happy with the current arrangement; and 1 A d. The Defendant wants the Court to enter an Order providing for the custody arrangement that the parties have been operating under since August, 2005, as a permanent Order of Court. WHEREFORE, Plaintiff respectfully requests that the Court modify the current custody Order as indicated in this Petition for Modification. DATED: Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 r oie . I e- (A omas A ey 2 ML 06 VERIFICATION I, Beth R. Holmes, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 14? Beth R. Holmes CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 DATED: q4-rk o - t ? r b w r •, CD ii ???Tl JOHN D. GILFERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-768 CIVIL ACTION LAW BETH R. GILFERT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 14, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 17, 2006 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. Sunda Es q. lid\ 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 ? 1 JOHN D. GILFERT Plaintiff VS. BETH R. GILFERT Defendant M? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-768 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 7 -A day of C3-r ? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of coparenting counseling with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively coparent their Child. The parties shall select and contact the counselor within 14 days of the date of this Order to schedule the first session. 2. Counsel for the parties may contact the conciliator within three months after the parties complete the counseling provided in this Order to schedule an additional custody conciliation conference, if necessary. 3. On a temporary basis pending completion of the coparenting counseling and further Order of Court or agreement of the parties, the Child shall continue to reside primarily with the Mother and the Father shall have partial physical custody of the Child on alternating weekends from Friday after school through Sunday at 7:30 p.m. and every Wednesday from 4:00 p.m. until 7:30 p.m. 4. The parties shall diligently work toward resolution of the economic issues which are inhibiting their ability to effectively cooperate in making decisions regarding the Child. BY THE COURT, cc: Elizabeth S. Beckley, Esquire - Counsel for Mother ?_ o G P. Richard Wagner, Esquire - Counsel for Father -Y-W, no 10 * 11 1 ?? i00 9G0l w.-. } JOHN D. GILFERT Plaintiff vs. BETH R. GILFERT Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 00-768 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna R. Gilfert August 8, 1996 Mother/Father 2. A conciliation conference was held on October 17, 2006, with the following individuals in attendance: The Father, John D. Gilfert, with his counsel, P. Richard Wagner, Esquire, and the Mother, Beth R. Gilfert, with her counsel, Elizabeth S. Beckley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 0&J-0 &e'- / q aoo C. Date Dawn S. Sunday, Esquire Custody Conciliator JOHN D. GILFERT, Plaintiff VS. BETH R. GILFERT, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-768 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna Gilfert August 81 1996 Mother/Father 2. A Conciliation Conference was held on October 24, 2000, with the following individuals in attendance: The Father, John D. Gilfert, with his counsel, P. Richard Wagner, Esquire, and the Mother, Beth R. Gilfert, with her counsel, Debra Denison Cantor, Esquire. 3. The parties agreed to entry of an order in the form as attached. c? 'X4 '=u a=:? Date Dawn S. Sunday, Esquire Custody Conciliator -1 BETH R. KEIFFER n/k/a, BETH R. HOLMES, Plaintiff V. JOHN D. GILFERT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY AND SUPPORT :Paces NO. 642101667 :NO. 00-768 STIPULATION OF SUPPORT THIS IS A STIPULATION entered into the day and year hereinafter set forth below, by and between BETH R. HOLMES (hereinafter referred to as "Plaintiff") and JOHN D. GILFERT (hereinafter referred to as "Defendant"). WHEREAS, the parties are the parents of one (1) minor child, namely Anna R. Gilfert, born August 8, 1996 (hereinafter referred as "Child"); WHEREAS, the parties are divorced living separate and apart and wish to establish an agreed upon Court Ordered arrangement relative to the support of their Child; WHEREAS, the Plaintiff and Defendant, after careful consideration and the opportunity for the advice and assistance of counsel, have reached an agreement to provide for the support of this Child without the need to litigate the matter before this Honorable Court and asks the Court to adopt this stipulation as its Order; WHEREAS, the parties have authorized and directed their Counsel to sign and submit this Stipulation to the Court on their behalf and ask that the Court enter an Order adopting the terms hereof. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound hereby, the parties stipulate and agree as follows: 1. Plaintiff and Defendant agree that all child support owed for the calendar 1 year of 2004 has been paid in full and there is no arrearage owed and no credit to be given. 2. Plaintiff and Defendant agree that all child support owed for the calendar year of 2005 has been paid in full and there is no arrearage owed. 3. Plaintiff and Defendant further agree that Defendant shall receive a credit of $1,696.57 based upon an over payment for the year of 2005. Defendant will be given a credit in the amount of $1,696.57 which will be applied to any support due and owing at the end of 2006. 4. Beginning January 1, 2006, the parties agree that the Plaintiff will receive child support at the full rate according to the Pennsylvania Support Guidelines as she has had primary physical custody of the child since August, 2005. Therefore, Defendant will not be entitled to any reduction in the amount of child support from January 1, 2006, forward until such time as the current custody arrangement changes via a Court Order. 5. Defendant is currently paying child support at the rate of $560.31 bi- weekly. Defendant will continue to pay child support at this rate through Cumberland County Domestic Relations until December 31, 2006. 6. Beginning January 1, 2007, Plaintiff and Defendant agree that Defendant will pay the sum of $2,012.26 per month in child support directly to Plaintiff by depositing the same into Plaintiff's account with PSECU on or before the 15th day of each month. Should Defendant fail to pay Plaintiff by the 15th day of each month, Plaintiff will be free to re-list this child support case with Cumberland County Domestic Relations. 2 V ~ 7. Plaintiff and Defendant agree to exchange Federal, State and Local tax returns to include agree copies of their W2.s, K1's and 1099s on or before April 151' every year or within 10 days of filing the same, whichever occurs first. In addition to their wage and tax information, Plaintiff and Defendant also agree to exchange all information relating to contributions to their respective IRAs, 401 Ks and retirement accounts for the previous tax years. This information will be included with the above- referenced wage and tax information. 8. After the parties have exchanged their respective tax returns, counsel for both parties will calculate what amount of child support should have been paid for the previous year. Counsel for the parties will exchange their respective calculations in order to confer with their clients. 9. Plaintiff and Defendant agree to make any necessary adjustments to the child support within 30 days of exchanging their calculations provided that they agree on the adjustment. In an additional payment is owed, Defendant will make the same within 10 days. If Defendant is entitled to a credit, this will first be applied to an unreimbursed medical costs owed by the Defendant. If additional credit is needed, the parties agree to alter the monthly payment amount to reflect the credit. 10. If 30 days after exchanging the calculations the parties are unable to agree on the amount owed or to be credited for the previous year, counsel for both parties agree to schedule an appointment with Cumberland County Domestic Relations within 10 days to resolve the difference. 11. Plaintiff and Defendant agree that their current support action with 3 Cumberland County Domestic Relations shall be terminated as of December 31, 2006. 12. Plaintiff and Defendant further agree that Cumberland County Domestic Relations will keep the parties' current support case open until counsel for both parties have resolved the amount owed or to be credited for 2006. Once counsel for the parties have resolved 2006's child support, Cumberland County Domestic Relations will close out the parties' support action 13. Unreimbursed medical expenses shall be divided between the parties, after Plaintiff pays the first $250.00 pr year, 20% paid by the Plaintiff and 80% paid by the Defendant. IN WITNESS WHEREFORE, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year set forth below. WITNES li abeth y, q ' e Counsellor Beth R. Ho mes Couisel for John D. Glfert 3 -;-, /-C/ Y Date Date 4 et R. olm n ?-,3 C_ f BETH R. KEIFFER n/k/a BETH R. HOLMES, Plaintiff V. JOHN D. GILFERT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN CUSTODY AND SUPPORT :Paces NO. 642101667 :NO. 00-768 ORDER AND NOW, this day of , 2007, after careful review of the Stipulation of Support entered into by the parties and attached hereto, and in accordance with the parties' request that said Stipulation of Support be entered as an Order of Court, it is hereby ORDERED that the parties shall support their minor child pursuant to the terms of said Stipulation of Support. MAA to 2W7 Ay r try M - 1 U 1 - . c i 1 O N