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Home My WebLink About00-03219 ~ " ~' . . ( " ~.-"', .~, GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 00-3219 CNIL ACTION LAW L YNNEA ANN GILBERT (now Hall), Defendant IN CUSTODY ORDER OF COURT AND NOW, this /4/)fIt.. day of ~,.,e,...J *, , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court are vacated and replaced with this Order, 2. The Mother, Lynnea A. Hall, shall have sole legal and primary physical custody of Sean Michael Gilbert, born September 21, 1991, and Brandon Lee Gilbert, born August 17, 1994. 3. The Father, Gerald E. Gilbert, shall be entitled to have partial physical custody of the Children only as arranged by agreement of the parties. 4. The Father shall pay to the Mother the amount of $25.00 within 15 days of the date of this Order as reimbursement for one-half ofthe Contempt Petition filing fee. J. cc: Gerald E. Gilbert, Father Lynnea A. Hall, Mother Charles E. Petrie, Esquire ~.~~ @:~'^.(\ \ 'c., - ~-, 'L "_III' - , ,~~';*II1i'~' ~~a,,~,,"Wl. .......","IIIII~ iflN\1^lASNN3d JJ.Nnoo O~N1H38~'W)O 8ry:c f~d i) I ilON fa A!:J1t.l'''''"" "", ,,,' j~ ! i-'If )-,-,!, '-n-, ":'-;; ~u vi Vy' J_,-,...:... _"C, ,_ ~, :-101:1:iO.'OTII.'_'; "-'1""-'" ,~ ...... r' ~~. _"ilium' ~, . ~" ~_J~~,"" "" ~'~ ~ i' - -~ ~"""'" """, ,. .- -. .~ GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-3219 CNIL ACTION LAW L YNNEA ANN GILBERT (now Hall), Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sean Michael Gilbert Brandon Lee Gilbert September 21, 1991 Augnst 17, 1994 Mother Mother 2. A Conciliation Conference was held on November 7, 2001, with the following individuals in attendance: The Father, Gerald E. Gilbert, who was previously represented by Charles E. Petrie, Esquire, but appeared at the Conference without counsel, and the Mother, Lynnea A. Gilbert, who is not represented by counsel. 3. The Conference was scheduled as a result of the Mother's second Petition for Contempt alleging, among other things, that the Father continued to be in violation of this Court's prior Order requiring the parties to participate in counseling. The Father advised the Conciliator that he intended to waive all custodial rights with respect to the Children. As the Father was clearly both upset and frustrated at the time, the Conciliator continued with the Conference in an attempt to discuss other possible resolutions. However, the Father advised that he had consulted with his attorney and fully understood that while he was waiving his custodial rights, his support obligation would continue. 4. Based upon the Father's position at the Conference, the Conciliator proposes entry of an Order in the form as attached. The allocation of costs for the Contempt Petition is the recommendation of the Conciliator. ;).O() i rQ~' Dawn S. Sunday, ESqU~ Custody Conciliator ~ -~,.~- "< ~- .. ..,- . GERALD E. GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 00-3219 CIVIL TERM . . . LYNNEA A. GILBERT, : CIVIL ACTION - LAW Defendant . CUSTODY . aIDER OF <XXlRT AND NCM, this consideration of the attached and directed as follows: g.t day of ~ CUstody Conciliation , 2001, upon Report, it is ordered 1. The prior Order of this Court dated August 13, 2000, shall continue in effect as modified by this Order. 2. Paragraph 1 of the August 13, 2000 Order shall be replaced by the following provision: The parties shall attend a minimum of six joint counseling sessions with a professional selected by the Father. The purpose of the counseling shall be to assist the parties in establishing communication and sufficient cooperation to enable them to effectively coparent their Children. The Father shall be responsible to pay all costs of the counseling which are not reimbursed by insurance. The Father shall select the counselor and notify the Mother of his selection on or before April 12, 2001. Both parties shall contact the counselor by April 26, 2001 to schedule their first appointment. The parties shall strictly adhere to the scheduling deadlines in this provision for initiating the counseling process. 3. The Mother shall obtain a written report from the Children's counselor, Jessica Hart, indicating whether or not any concerns have been identified in counseling with respect to the relationship between the Children and the Father's girlfriend, Jada Laganella and providing recommendations, if appropriate, for addressing any identified concerns. The Mother shall forward the counselor's report and recommendations, if any, to the Father or the Father's counsel promptly upon receipt. 4. Both parties shall ensure that the Children attend school during his or her periods of custody, unless excused by illness or other school approved reason. 5. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 6. The Father shall be present at all times when the Children have contact with Jada Laganella. 7. In the event either party intends to remove the Children from his or her residence during a period of custody for an overnight period or " " " " " ~,~, . ... . longer, that party shall notify the other party in advance of the address and telephone number where the Children can be contacted. 8. Both parties shall ensure that the Children attend their regularly scheduled activities, including school and extra-curricular activities, during his or her periods of custody. 9. 'll1e Father shall pay to the Mother the amount of $25.00 within one week of the date of this Order as reimbursement for one-half of the Contempt Petition filing fee. 10. 'll1is Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 'll1e parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc: Charles E. Petrie, Esquire - Counsel for Father Lynnea A. Gilbert, Mother ~1.0q{)1 f-KS 'W . J~,,<-",~ ',- ",,~~''-'i~l&,j''liiil~jj'\liml*Jl'''''''''':''~'' ".,~ . \jJ~Jv'''Il^SNN:1d I "Inn:) 0\ D',");WI'J ^ll\l h....''"--, '" "'.-'_"/\1 I' ....,,'-. 8 11'"1 ~::J: ~'JV ;1_ I.! j';.iJ I'n r<n- ,. '... '" 1 ~,' ,,)j\jJDf'-Fj--;J '~ , ,- '0 ~ -.dt Illillilri'" .'" .. -~1<lfll~t1ad~ '"'ii'"",, """'"; . ~ "' " ~.' , GERALD E. GILBERT, Plaintiff . . IN THE OOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . vs. : NO. 00-3219 CIVIL TERM : LYNNEA A. GILBERT, Defendant . . CIVIL ACTION - LAW CUSTODY . . PRICR JUDGE: Edward E. Guido CUSTODY Cct'ICILIATlOO SUMMARY REPCRI.' IN AexmDANCE WITH CUMBERLAND COONl'Y RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUS'~0u:i OF Sean Michael Gilbert Brandon Lee Gilbert September 21, 1991 August 17, 1994 Mother Mother 2. A Conciliation Conference was held on March 29, 2001, with the following individuals in attendance: The Father, Gerald E. Gilbert, with his counsel, Charles E. Petrie, Esquire, and the Mother, Lynnea A. Gilbert, with her representative (father), Larry Hall. 3. It should be noted that the parties appeared at the Conference originally scheduled for March 20, 2001. However at that time, the Mother objected to the representation of the Father I s counsel as he had represented the Mother in a support matter seventeen years ago, which support obligation is still in effect. The Conciliation Conference was rescheduled to permit the Father to obtain new counsel. 4. The parties agreed to entry of an Order in the form as attached. "sf, Dawn S. Sunday, Esqui CUstody Conciliator < ""-,- ".. ~~;-I iJ' GERALD E. GILBERT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. L YNNEA ANN GILBERT DEFENDANT 2000-3219 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 26th day of May ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 onthe 19th dayof July ,2000,atl:00PM 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: Isl 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 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 HA VB 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 I" " .' L-_~ -'r" '-"'.- ,.". "'-"""'''''',-';,'- !~J~l->tll;;i.:jU;k.~~l!.llli1 j- . -~ k.-"" lJ::ltll. '" ~~ ~ ~ ~w ~ ~(/'O['Y ~ Z ~n/ ~u, .?G7 -OE'-$ ?:a fl-/t' ~ /f}~n:r ~ ~ c2?'OE?' . Y1NVJ\1AsN~d A1NnOO CNV'183fJWn9 9<: ~f; Wd at AVW 00 1U\,J'ONW\, ''',' ."I..::JO I\OVJ., ,_ vrU.v<-lO ;,ir 1 ' , 301.::J:KXEnl;! o",~ "_'~"~ .. ~~~"_W~__ _ ,"_,~, _~, e~_' , ''"____'e..,,~,,',,'_'''''" lL~__ .=- ~ , "";M-.,_ GERALD E. GILBERT, Plaintiffs Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-2.2/7 Civil Term L YNNEA ANN GILBERT, Defendant CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, on , the . day of 2000 at .m. in the office of said conciliator located at for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: Date: BY: Custody Conciliator ~ ~. - - - -I '-"'-f-~-, 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. Court Administrator Cumberland County Court House One Court House Square Carlisle, Pa. 17013 (717) 240-6200 '-, , J.,. . " --! GERALD E. GILBERT, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 3.219' Civil Term L YNNEA ANN GILBERT, Defendant CIVIL ACTION CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 11 Day of May, 2000, comes Gerald E. Gilbert, by his attorney, Arthur K. Dils, Esquire, and respectfully requests the following: 1. The Plaintiff, Gerald E. Gilbert, is an adult individual, who currently resides at 6 Lewisberry Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Lynnea Ann Gilbert, is an adult individual, who currently resides at 40 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant were married on June 10, 1989 in Harrisburg, Pennsylvania. ~" -,-" -~~~~, .)-. - -~"'" ~,I 4. As a result of said marriage, two children were born; namely: Sean Michael Gilbert, born September 21, 1991 in Camp Hill, Pa.; Brandon Lee Gilbert, born August 17, 1994 in Camp Hill, Pa. 5. The parties have lived separate and apart as of April of 1999. 6. The minor children have been in the custody of the Defendant since the separation. 7. There has been no prior action for custody or visitation of the minor children in this or any other jurisdiction. 8. The Court of Common Pleas of Cumberland County has jurisdiction in this matter as all parties reside in Dauphin County, Pennsylvania. 9. The minor children have resided at the following addresses since birth: 150 Cedar Lane, Carlisle, Pennsylvania - From 9/21/91 until 1994; 40 Tory Circle, Enola, Pennsylvania from 1994 to present. ,- -" ~- " 1f - -'~; 10. The Plaintiff believes that the best interests of the minor children will be served by granting him primary physical custody of his children at this time. WHEREFORE, Plaintiff, Gerald E. Gilbert, prays your Honorable Court to grant him primary physical custody of his children. Respec~ submitted, ,/" . / ~~~ BY:l . ~/ .." . Arthur K. Dils, Esquire 1017 North Front Street Hanisburg,Pa.17102 (717) 232-9724 I.D. No. 07056 -3- -, -, .J.';i: VERIFICATION I verify that the statements made in this Complaint are true and correct. I umkrstand that rabe statements herein are made subject to the penalties of 18 Pa. C.S. Section .l'.!U4 rdating to unsworn ralsitieation to authorities. .&J~ _<Z_~______ Gerald E. Gilbert Date: .~ cf--t/(J j , < , .. '" ,>~ -b _ c", ,,' '"- '~,.,-- "":1 GERALD E. GILBERT, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-3219 LYNNEAANN GILBERT, Defendant CIVIL ACTION - LAW CUSTODY AMENDED COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 151 day of June, 2000, comes the Attorney for Gerald E. Gilbert and respectfully amends the Complaint for Primal)' Physical Custody filed May 30,2000 as follows: 1. Paragraph one (1) of the Complaint for Primary Physical Custody is hereby amended to read: Plaintiff, Gerald E. Gilbert, is an adult individual, who currently resides at 50 Palmer Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Paragraphs two (2) through ten (10) of the Complaint for PrimaI)' Physical Custody -1- 'l , . --, - ~- filed May 30,2000 are incorporated herein and made apart hereof by reference. Respectfully submitted, Bya~ Arthur K. Di1s, Esquire 1017 N. Front Street FIarrisburg,Pa.17102 (717) 232-9724 I.D. No. 07056 -2- -, VERIFICA TION The undersigned, Arthur K. Dils, Esquire, hereby verifies and states that: 1. He is the attorney for Gerald E.Gilbert. 2. He is authorized to make this verification on his behalf. 3. This verification is made by counsel pursuant to Pa. R.c.P., Rule 1024(c). 4. The statements set forth in the foregoing Amended Complaint are true and correct to the best of his knowledge, infonnation and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating Date: June 1,2000 "" ""'" -~'" " nJ ,- ,,' '-~'-': CERTIFICATE OF SERVICE.- I, Arthur K. Dils, Esquire hereby certify that a true and correct copy of the within Amended Complaint has been served upon the following individual by depositing a copy of the same in the United States Mail, First Class Mail, on the 1 st day of June, 2000 to the following address: Lynnea Ann Gilbert 40 Tory Circle Enola, PA. 17025 lly submitted, BY: Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 07056 Date: June 1,2000 " , I ~ ~ ~ , j ~;[';: GERALD E. GILBERT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND caJNTY, PENNSYLVANIA . . vs. : NO. 00-3219 CIVIL TERM : LYNNEA ANN GILBERT, . CIVIL ACTION - LAW . Defendant . CUSTODY . AND l'Dl, this /!J#+I consideration of the attached and directed as follows: CRDER OF CXlURT day of ~ Custody Conciliation Report, , 2000, upon it is ordered 1. The parties shall attend a minimum of 6 counseling sessions with a professional selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in establishing communications and sufficient cooperation to enable them to coparent their Children. The Father shall be responsible to pay any costs of counseling which are not reimbursed by insurance. 2. The Father, Gerald E. Gilbert, and the Mother, Lynnea Ann Gilbert, shall have shared legal custody of Sean Michael Gilbert, born September 21, 1991, and Brandon Lee Gilbert, bcrn August 17, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children in accoJ:'dance with the following schedule: A. The Father shall have custody of the Children on 3 consecutive Saturdays from 9:00 a.m. until 7:00 p.m., beginning on Saturday, August 12, 2000. B. Upon completing the periods of custody provided in subsection A of this provision, the FatheJ:' shall have custody of the Children on 3 alternating weekends frcxn Friday after school (or at 9:00 a.m. if theJ:'e is no school) through Saturday at 7:00 p.m., beginning on Friday, SeptembeJ:' 8, 2000. C. upon completing the periods of custody pJ:'ovided in subsections A and B of this provision, the Father shall have custody of the Children on alternating weekends from Thursday after school (or 9:00 a.m. if there is no school) through Saturday at 7:00 p.m., beginning Thursday, october 19, 2000 and continuing thereafter. D. At such time as the Father's alternating weekend periods of " '." ,,'.' .'.0.. custody begin under Subsection B of this provision, the Father shall also have custody of the Children during weeks preceding the Mother's weekend periods of custody on Thursday evening from after school (or 9:00 a.m. if there is no school) until 7:00 p.m. After the Father has had Thursday periods of custody under this provision for a period of at least 2 months, the parties shall cooperate in discussing expanding the Thursday periods of custody to overnight periods depending upon the Children's ongoing adjustment to the custody and school schedules. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CIIRISTMl\S: In every year, the Mother shall have custody of the Children from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m. and the Father shall have custody from Christmas Day at 2:00 p.m. through December 26 at 7:00 p.m. B. THANKSGIVING: In every year, the Father shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Mother shall have custody from 2:00 p.m. through 7:00 p.m. C. EASTER: In every year, the Mother shall have custody of the Children on Easter Sunday until 2:00 p.m. and the Father shall have custody on Easter from 2:00 p.m. until 7:00 p.m. D. MJ;XJUAL DAY/.:rur.y 4T11/I.A1lCE. DAY: In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and the Father shall have custody on July 4th. In odd numbered years, the Father shall have custody of the Children on Memorial Day and Labor Day and the Mother shall have custody on July 4th. The periods of custody on Memorial Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. and the period of custody on July 4th shall run from 9:00 a.m. until after the fireworks. E. MOrBER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 7:00 p.m. F. In the event the Father's period of holiday custody falls inunediately preceding or following his regular period of custody, . the Father's period of holiday/regular custody shall run continuously without interruption. G. The holiday custody shall supersede and take precedence over the regular custody schedule. 6. The parties shall cooperate in attempting to establish custody arrangements for the summer school vacations beginning in 2001 by agreement. In the event the parties have not established a written custody - . .- ~ - . -," ",. ;".''<1'': schedule by May 1, 2001, either party may contact the Conciliator to schedule an additional Custody Conciliation Conference to address the summer custody issue. 7. The Father shall be responsible to provide transportation for all exchanges of custody under this Order. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Arthur K. oils, Esquire - Counsel for Father C (I,~ l L p~ultXJ Michael A. Scherer, Esquire - Counsel for Mother ) .wll:...s> I"'h.~; tl /',1' l'iiIi!l!iUIiI!IAi_~~~~lliU;3i!'~M~O>iI:;,'i!,jj'lfl1~Olu.-.i:I'."':'<4-'''''''''''''_ . VINV/\lASNN3d JJ.NnOO (1~;\ll!:ij8V'jno 6$ :8 I1V 11 5f111 00 A8'v'lONU,lOUd :ii 11 :10 381:HO-Q31i:l ~ -,,""'tiIlliW~~d"~~ 'u liil.~lWIW..-~ "'! i 11 :1 'I ! GERALD E. GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 00-3219 CIVIL TERM . . . LYNNEA ANN GILBERT, . CIVIL ACTION - LAW . Defendant : CUSTODY CUSTODY CDlCILIATlCE SUMMARY REPCRI.' IN ACCORDANCE WITH CUMBERLAND 0XlNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CllRRENTLY IN CUSTODY OF sean Michael Gilbert B~andon Lee Gilbert september 21, 1991 August 17, 1994 Mother Mother 2. A Conciliation Conference was held on August 1, 2000, with the following individuals in attendance: The Father, Gerald E. Gilbert, with his counsel, Arthur K. Dils, Esquire, and the Mother, Lynnea Ann Gilbert, with her counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /llJfM1l- c2. docx) Date . D&~ Custody Conciliator J "~~=',~J~'ii . GERALD E. GILBERT PLAINTIFF V. L YNNEA A. GILBERT DEFENDANT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-3219 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 07, 2001 , 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, FA 17055 on Tuesday, March 20,2001 at 3:00 p.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 defme and narrow the issues to be heard by the com!, 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 TIlE COURT, By: Isl Dawn S. Sunday. Esq. t;b Custody Conciliator The Com! 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 com!, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the com!. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ..........~_b<lSJ".<''i?-'''''''..6j;,~~oiHll~;~"''k~~~~~~"~ ~~-"~~~.. ~"l1BiI-""'~'!;"'1~ n .""""'~ ryp ~ r~ ~ Jo.(.~ ~-AF'J-~~ p7} ICJ.t..(:' IilNVA1ASNN3d A!NnOO ON\f1!:138lAlnO 12 :2 Wd L - ~lIH '0 1UW10'11"..r, . . . ACl Y. i\vi..;lUC1G :(j.tL dO 3:)1~:;1o-(]:rIi:J . i I II , i,"~k!_... , . GERALD E. GILBERT V. L YNNEA A. GILBERT , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-3219 CIVIL TERM ORDER OF COURT AND NOW, this 5TH day of MARCH, 2001, upon consideration of the attached Petition for Special Relief, this matter is referred to the conciliator to schedule a conference. Gerald Gilbert, Jr. 50 Palmer Drive Camp Hill, Pa. 17011 Lynnea Gilbert 40 Tory Circle Enola, Pa. 17025 :sld BY~ Edward E. Guido, 1. ~ I S)_\~ c?~ \) , ~~~ , ~l"""'~. "............_'-"~"~---"-.-"'.l ~ifllii"'Wil!.illli.:""'"',.d.~~~..n..:.:jj..".;.. ,rt 11.. . """"1\'-' I f i' """ . '--~", "\'/ -, '-"'" "' ., j' , '.';,: -~ ~. I ,~_~ _~H --",,- " ~ ,-- ., . ~~- . - ~ - ~'P"'~~_ ,','., ,"" _ __~ 0 ~ -....~- ;< I - ,^ .. ''''''-':'' MAR 0 2 2QO# GERALD E. GILBERT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 2000-3219 Civil Term L YNNEA ANN GILBERT, DEFENDANT CIVIL ACTION LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint for "Special Relief," it is hereby directed that the complaint be heard before , the Honorable Judge, on , the day of ,2001 at .m. in the office of said Court House located at For consideration. FOR THE COURT: Date: BY: The Honorable Judge Residing .~1 GERALD E. GILBERT, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 20003219 CIVIL ACTION LAW L YNNEA ANN GILBERT, DEFENDANT CIVIT ACTION/CUSTODY COMPLAINT FOR SPECIAL RELIEF AND NOW, this 26th Day of February, 2000, comes Lynnea Ann Gilbert, by herself, and respectfully request the following: I). I ask the court for a special relief based on the Plaintiff, Mr. Gerald Gilbert, calling the children (Sean Gilbert and Brandon Gilbert) offfrorn school on two different occasions when they were not sick. The fIrst being on December I, 2000 and the second on February 23, 2000. Mr. Gilbert is to have the children every other Thursday through Saturday for overnight visits. The court order started in August, therefore the time period from August till present approximately 6 months; (his custody being bi-weekly making this 2 occasions within a three month period) my children has missed school twice because they didn't want to go to school and Mr. Gilbert approved the absences based solely on the childrens reqnest with no other valid reason additionally given. He did in fact indicate to the school that the children were ill when they were not. On both occasions, I have proof they were not sick. On December I, 2000, the Plaintiff, Mr. Gilbert took both children to his sisters to spend the day. On February 23, 2000, Sean Gilbert asked his father, Jerry ifhe could stay home and the plaintiff allowed it. Please note that the children try to stay home every morning, and I have to make them go to school. This is not right! ! ! 2). On one occasion, Mr. Gilbert made a threat stating he would make it so that I would never see the kids again. This occurred at a soccer game being held at the Farm Show while I was head coach. 3). The Plaintiff, Mr. Gerald Gilbert has violated the court order by not attending counseling sessions that his own attorney, Mr. Arthur Dils, Esquire, set in place during the recent conciliation hearing held in August 2000. I advised Mr. Gerald Gilbert on several different occasions that he was to notifY Ms. Jessica Hart, at the following nurnber 234-3839/New Passages to give her his insurance Information so that the visits could be precerted. Instead the Plaintiff, Mr. Gerald Gilbert, had Indicated "he didn't have to do this". 4). Both Children, Sean and Brandon Gilbert have Medical problems.. Sean Gilbert was tested, and found to have "Attention DefIcit Disorder" (ADD) and Brandon Gilbert was diaguosed having "Attention DefIcit Hypertension Disorder" (AmID). They were both tested by the school and our family Physician as well as Jessica Hart. The Plaintiff, Mr. Gerald Gilbert has taken it upon himself NOT to Give Sean his medication. He feels he doesn't need it. I pay for all the children's medical bills. To My knowledge, the plaintiff never went back to school to get a degree and become an MD. Who is He to say what medications his kids are and aren't going to take??? My family physician is in the Process of writing a letter regarding this situation. The damaging side effects by him only taking it While he's with me and then going off ofit while he's with his dad aren't good. As soon as I get The letter from the Doctor, I will send it in. It can also be part of Exhibit A. (Exhibit A) 5). The Plaintiff, Mr. Gerald Gilbert was to have the kids, Sean who is nine and Brandon who is six, for the very fJrst time Thursday through Saturday the week of October 6, and couldn't follow through. It interfered with his softball tournament. Instead, he had the kids Thursday and returned them to me on Friday. 6). I have received several E-mails from the teachers indicating that the Plaintiff, Mr. Gerald Gilbert can't be reached at any of the telephone numbers they were given. He has missed all of the parent teacher .owr-, conferences after he was well infonned a head of time. (Exhibit B) 7). On December 1, 2000, the Plaintiff, Mr. Gerald Gilbert took the children with his girlfriend, Ms. Jada Laganella, to the movies only to get into a big fight and she drove off leaving my children stranded With no transportation and NO WINTER COAT. Mr. Gilbert's sister had to come and pick them up. Mr. Gilbert shows no sense of responsibility, this was the same day he called the kids off of school. If they were sick, why did they ever leave the house? To go to a movie no less...... 8). The Defendant has received several calls and Emails from the school indicating there has either been a behavioral problem or the children are having great difficulty in school with a subject. It has been brought to my attention that Brandon Gilbert, the six year old, (who has already repeated Kindergarten once) still isn't to where he should be academically. The school is suggesting that he be tutored over the summer months at least twice a week. Which will be my added expense. (Exhibit C) 9). The children has stressed that on several different occasions, the plaintiffs girlfriend has been very nasty to them. On two occasions, Sean Gilbert had asked to call his mother and both the plaintiff and his girlfriend told him "no". 1 0). The Plaintiff, Mr. Gerald Gilbert has had his parents pick the two children up from his part time place of employment (Latchkey) because the children were having behavioral problems. He has also had his parents watch the children on several occasions while he worked his other part time job. (water exercise at the YMCA) I have kept a close relationship with his family and allowed them to see the children when ever they want. 11). On several different occasions, I have included Mr. Gilbert in activities such as going to Dutch Wonderland with the children and I and a train ride at Christmas time and many more....... I've done this for the children's sake, however, on several occasions, he attempted to take advantage Of the situation by making p.asses at me and other unsolicited and unwarranted advances. This is a very difficult task to try and keep a civil relationship, for the children's sake, however I still attempt to do so even though it seems to have no affect on this family's dynamics. I even went as far as trying to talk civil to Mr. Gilbert's girlfriend for the children's sake and was told to "F _ "off. (I Think you get the picture) And low and be hold, the Plaintiff's mother was present. 12). The Defendant is being represented by herself. 13). The Defendant asks the court system to suspend the court order based on the first several arguments and until such time that a conciliation hearing can be set up to review and come up with a better plan. I am not asking to change the court order itself, at this time. I'm only asking that they suspend it until The court system can have another conciliation hearing and stress the importance of several issues. WHEREFORE, Defendant, Lynnea Gilbert, prays to the Honorable Court to grant her special relief so that the children can seek additional counseling and get their lives back in order and at such time that another conciliation hearing can be set to go over some important issues that need to be addressed. It's very tough on one parent who plays by the good set of rules, and the other could care less. I know the Plaintiff loves his children he just has a hard way of showing it sometimes. We also need to think of what's in the best interest ofthe children. Respectfully submitted, Lynnea Gilbert 40 Tory Circle Enola, PA 17025 ~ esC BY: ~ ~ ~- .~!e; t- ) . Gilbert, Lynnea (CBC) From: Seot: To: Sullject: PENNIE CAVANAUGH [PCAVANAU@epasd.k12.pa.us] Thursday, September 28, 2000 12:36 PM Lynnea.Gilbert@CapBlueCross.COM RE: Brandon You're tRe gre~!~st:..1 ~ishl:h",d more moms with your interest and flexibility. We'll meet with Mrs. Presto n at 8AM Monday, Octd,ber2hd.THanks in advance. Pennie >>> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 09/28/00 12:30PM >>> Yes that's fine. Lynnea PS. See you tonight. > ----Original Message----- > From: PENNIE CAVANAUGH [SMTP:PCAVANAU@epasd.k12.pa.us] > Sent Thursday, September 28,200012:25 PM > To: Lynnea.Gilbert@CapBlueCross.COM > Subject RE: Brandon > > Mrs. Preston is available Monday morning 8AM. Are you? Let me know > > >:>> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 09/27/00 > 03:55PM >>> > Thanks for responding so quickly. I'm so sorry that you are still having >a > problem. I think Brandon is very eager to learn. I love to hear him when >1 > pick him up, because he's so excited to tell me as to what he did in > class. > He has an appointment with the doctor on October 4th, so maybe we can make > an appointment to meet prior to that date. Anytime before school suits > me, > just let rne know. Also, I think the behavioral chart is a good idea. I > can > also try to reward him in some way for positive behavior. I think this is > something we can discuss. If we made in on a Thursday or Friday, I can ~ :~include his father. This way his father can see the importance of the > medication, and maybe offer his input. Let me know. Thanks, Lynnea > > > -----Original Message----- > > From: PENNIE CAVANAUGH [SMTP:PCAVANAU@epasd.k12.pa.us] > > Sent Wednesday, September 27, 2000 3:44 PM > > To: Lynnea.Gilbert@CapBlueCross.COM > > Subject Re: Brandon >> > > This is greaLI was going to telephone you this evening. The only > > difference I have seen has been negative. Monday, he was out of > control. > > Yesterday and today he never gets quiet and is just a wiggle worm of > > energy. He fell out of his seat three times this morning. I had Mrs. > > Preston come over and observe him for awhile. We have decided to get a > > behavior chart going for in class management and we're hopeful to have > you > > follow up with it at home. Is there any time that you could drop by > > school so we could discuss things with Mrs. Preston? Before school > would > > be fine. Pass me some possible dates and I will check with her calendar > > too. At this point I don't think Brandon will make any progress until >we > > get him settled down and focused. I am willing to try different things > to > > reach that goal. Right now I don't think the change in time for his > first > > medication is doing him any good. Next step??????? Let me know please. > > Thanks for your inquiry. Please be patient with responses as sometimes >1 > > don't get to read my mail daily. Pennie ~ {t, ,;< 1J fJ , ~I) I r ') I i1 '~ \(/' <;'VQ ~I '1'1 J' " ~~ f'l j eq\ 1 -," "'> . > > >>'> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 09/26/00 .' > > 09:49AM >>> > > Good Morning Penny! >> > > I just wanted to touch base with you and see if it's made any kind of > > difference, that Brandon is taking his pill at a later time? (8:00 > a.m.) > > Thank You, Lynnea >> > > PS. If you'd rather wait until "back to school night" to respond, > that's > > fine. I'll be there. 2 ~ . .~-, ~ ,- ". '....,: I ~ .......,~y_- . ' I : . Gilbert, Lynnea (cac) From: Sent: To: Subject: PENNIE CAVANAUGH [PCAVANAU@epasd.k12.pa.us] Friday, September 29. 2000 2:09 PM Lynnea.Gilbert@CapBlueCross.COM RE: Brandon We'll try ~nything pncElCind thEln try something different if it is not successful. I have been trying to call Jerry this week but to no avail to see' If Brandon halil. his medecme on Monday. I'll keep trymg but if you see him before I get in touch just ask for the records. Till Monday....pennie ,.,.,. "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@yapBlueCross.COM> 09/29/00 01:20PM >>> Hi Pennie, I recid the. fa~f!"9m tl)edoclor. I fa~Eld:it to the office, so if you don'tha\te,i.tin YO'r!f:!>i~, I,ElI.n1ec knoVl/.1 think the three, strikes sounds good, W4ecan~Js~u~stl)fl\!on Momjay, ..$ee you, then. I have tried to keep Jef:ty ~l1l!ll;l.\!'i'dqn~h$ti~~~been Qoihll.Cl~' .1 know! BraMon likes extra a!lention,. HEl"\o/~~'El~til\l~'ll'pt$tirriY mother in: IflW!ih6pse,~hEln.1 weht tl? pick him up, afterlhe'!3acKtoSii:hpplpro!lram. And my oldest wanted to finish watchinga1Y'~nQwb!!'o~~we,Ieft,>s91 sat.l\lly'exwasthi3re, and he tried to ca. 1m B.... f,i;in........dO. n..'.d....OW. n., B.........u.'...!.......,.B..ra. ."".h. don did. hiS.'OW... m. thi.n.'.g...: ..1. q.illled. Brandon over to me, hesatcilli mylap,:ahd I ~tarted rubbing his arms real lightly with my fingers. Elefot13'i1on\l, he:wi;l~relaxed. So I ~n(!)whe loves the attention. So hopefully witl1 t"us 1htelii,strikes,he will tnink he's someone special. thanks, Lynnea: > -----Original Message----- > From: PENNIE CAVANAUGH [SMTP:PCAVANAU@epasd.k12.pa.us] > Sent: Friday, September 29, 2000 11 :09 AM > To: Lynnea.Gilbert@CapBlueCross.COM > Subject: RE: Brandon > > Wow...you'refast!!! rhanksfqrthe help I'll fillitoutanlil you can > take it with Youduring,tl)eaJilPOintment.I'1I fill Y9uhion our plans > Monda. . Y." .we.....'.'!. '.I:1....i."..... ..k.'.,. ..V!...e...;VII.).I...I......u~j!l. ...a..... '.t.h..re. e !it~.i~e~.y. p....' u.r..'.' "q..ut,..,P,' .I~,.,.n. ,W, ith t,Eld.poker > chips. You can helpus.:declde. '.Today 'has:!>een ,fi\I$be!:1tso far thiS, year. > Did you do anything differeintlbdaY? Ifso....keep it u'p. More > later....penrlie > > >>> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 09/29/00 > 09:19AM >>> > That's OK! When I walked into your room, I was amazed at all the parents > that participated. There was probably only 1/2 of what you had that > turned > out for my older son's. I called the Doctor, and the receptionist is > going > to fax me one. Once I receive it, I'll cut/paste it on an email to you. >1 > knew we were going to meet on Monday, so that's why I didn't think to much > about it. I bought that calendar, where it's magnetic, and you reward > your > child w/stars, and after so many stars, he gets something special. I was > wondering if it would be possible to order another one from scholastic > books? I figured maybe we could keep it at school and do some kind of an > incentive there as well. Give me your thoughts!!!! Thanks, Lynnea > > > -----Original Message----- > > From: PENNIE CAVANAUGH [SMTP:PCAVANAU@epasd.k12.pa.us] > > Sent: Friday, September 29,20008:35 AM > > To: Lynnea.Gilbert@CapBlueCross.COM > > Subject: RE: Brandon >> > > Sorry I had no time to chat last evening. Thanks for the information > > regarding Seans teacher. I will try to schedule your conferences back >to > > back or at least close. I met with Mrs.Preston this morning to try and > > get an.idea of.the plan we want to initiate. Could you please > telephone > > your family doctor and see if he/she has a specific ADHD checklist they (fJc~ . '6 · 'f 3) 1 .~_. ; > uSe or if the generic one we use here at school would be sufficient . ,;> > information for you to take with you to your appointment. Thanks in , ;> > advance ........again ' Let me know so we can get this little guy in ;> > the learning mode. Pennie ;>> ;> > >>> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 09/28/00 ;> > 12:30PM >>> ;> > Yes that's fine. Lynnea PS. See you tonight. ;>> ;> > > -----Original Message----- :> > > From: PENNIE CAVANAUGH [SMTP:PCAVANAU@epasd.k12.pa.us] :> > > Sent: Thursday, September 28, 2000 12:25 PM :> > > To: Lynnea.Gilbert@CapBlueCross.COM :> > > Subject: RE: Brandon :>>> :> > > Mrs.' Preston is available Monday morning 8AM. Are you? Let me know :>>> :> > > >>> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 09/27/00 :> > > 03:5'5PM >:>> :> > > Thanks for responding so quickly. I'm so sorry that you are still :> > having >'>>a :> > > problem. I think Brandon is very eager to learn. I love to hear him ,. > when >' > > I :> > > pick him up, because he's so excited to tell me asIa what he did in > > > class. ,. > > He has an appointment with the doctor on October 4th, so maybe we can ,. > make ,. > > an appointment to meet prior to that date. Anytime before school :> suits >>>me :> > > just let me know. Also, I think the behavioral chart is a good idea. >1 > > > can > > > also try to reward him in some way for positive behavior. I think > this > > is :> > > something we can discuss. If we made in on a Thursday or Friday, I > can >>>try > > > to include his father. This way his father can see the importance of > > the > > > medication, and maybe offer his input. Let me know. Thanks, Lynnea >>> > > > > ----Original Message----- > > > > From: PENNIE CAVANAUGH [SMTP:PCAVANAU@epasd.k12.pa.us] > > > > Sent: Wednesday. September 27,20003:44 PM > > > > To: Lynnea.Gilbert@CapBlueCross.COM > > > > Subject: Re: Brandon >>>> > > > > This is grea!...1 was going to telephone you this evening. The only > > > > difference I have seen has been negative. Monday, he was out of > > > controi. > > :> > Yesterday and today he never gets quiet and is just a wiggle worm of > > > > energy. He fell out of his seat three times this morning. I had > Mrs. > > > > Preston come over and observe him for awhile. We have decided to > get >>a > > > > behavior chart going for in class management and we're hopeful to > have > > > you > > > > follow up with it at home. Is there any time that you could drop by > > > > school so we could discuss things with Mrs. Preston? Before school > > > would > > > > be fine. Pass me some possible dates and I will check with her > > calendar > > > > too. At this point I don't think Brandon will make any progress > until > > > we 2 . " , ~ _.M._"_~'_l_~ ,.~ L. "'~ . . .; > >',> get him settled down and focused. I am willing to try different . > > things '> > > to > > > > reach that goal. Right now I don't think the change in time for his > > > first > > > > medication is doing him any good. Next step??????? Let me know > > please. > > > > Thanks for your inquiry. Please be patient with responses as > > sometimes > > > I > > > > don't get to read my mail daily. Pennie >>>> > > > > >>> "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> > 09/26/00 > > > > 09:49AM >>> > > > > Good Morning Penny! >>>> > > > > I just wanted to touch base with you and see if it's made any kind > of > > > > difference, that Brandon is taking his pill at a later time? (8:00 > > > a.m.) > > > > Thank You, Lynnea >>>> > > > > PS. If you'd rather wait until "back to school night" to respond, > > > that's > > > > fine. I'll be there. 3 l. L / . ..ilfbert, Lynnea (CBC) ! From: Sent: To: Subject: PENNIE CAVANAUGH [pcavanau@epasd.k12.pa.us] Tuesday, January 30, 2001 4:34 PM Lynnea.Gilbert@CapBlueCross.COM RE: Brandon .1.' I will talk to Mrs. Preston about other alternatives... if you are interested in a tutor over the summer Mrs. Tricia Beaver is available at $25:00 per hour. I will give you her number if you are interested. I will look into other alternatives academically related for the summer. Hang in there...it's only January, and we have a lot of teaching time left in the year. <<< "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 1/30 3:54p >>> See, this is my concern. I know he won't be held back another year for Kindergarten, so what can I do. I don't think his speech is adequate to understand him sometimes. I got him a little computer game for Christmas, and believe it or not, he kneW how to work it. (I didn't) He's no dummy. It's just I see him trying so hard to complete his #'s and letters, and it seems like he's struggling. Is there any way we can fit him into some kind of tutor class, or is there anything offered over the summer months that I c",n enroll him in to get caught up? Do you think maybe this is why he plays guns, makes noises etc..... He can't gr"'sp what is going on around him? Do you think I should look into any kind of speech therapy for him? I know lately, I'm working a lot of overtime at work, and am running from Msketball game to the other betWeen two of his older brothers. And I know Brandon has kind of taken a back seat. He's drug all around even to places he doeSn't want ,to go. Please let me know what I can do to help him. I'll do anything. I know I haVe to work with him more, one on one. Thanks, Lynnea > -----Original Message----- > From: PENNIE CAVANAUGH [SMTP:pcavanau@epasd.k12.pa.us] > Sent: Tuesday, January 30, 2001 3:32 PM > To: Lynnea.Gilbert@CapBlueCross.COM > Subject: RE: Brandon > > if i may be honestwithyoui felill.lhatbrando,n is.p,elowhis,peers > academicallY,:his wri\ing, his letter retrieval, his letter sQuild > associations are, all still very strained and extremely incollSistent. > > <<< "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 1/30 2:58p > >>> > great!!! Thanks for you help. One more thing, How do you view Brandon in > accordance to his peers? (academic",lIy) (He can tie his shoe, now) > Thanks, Lynnea > > > -----Original Message----- > > From: PENNIE CAVANAUGH [SMTP:pcavanau@epasd.k12.pa.us] > > Sent: Tuesday, January 30, 2001 2:55 PM > > To: Lynnea.Gilbert@CapBlueCross.COM > > Subject: RE: Brandon >> > > no signs of tiredness, a-okay here...no guns, no noises, no chewing etc. >> > > <<< "Gilbert, Lynnea (CBG)" <Lynnea.Gilbert@CapBlueCross.COM> 1/30 > 1:06p > > >>> > > great!!!! Than maybe Jerry can see the impact he has on this situation. > > Sean my 9yr old told me that last week when the homework paper was sent > > home, he was told that Brandon isn't allowed to do his homework in pen, >he > > had to use pencil. He than told me his daddy made the comment "Weill > > don't > > have a pencil, just use the pen". (Nice isn't it)???? Don't you think >a > > responsible adult would make sure he had a pack of pencils on hand when > he > > has his kids? Because Sean also has to use a pencil for homework. Oh > > well, 1 (fJr~ ' , 6,\; C) ~~)~ . i . ,.;> > y~u can't fight City Hall. (or in this case, court custody issues) >> ; > > When you say Brandon was fine, you could see a big difference? He > didn't > > show any signs of being tired? Thanks, Lynnea >> > > > -----Original Message----- > > > From: PENNIE CAVANAUGH [SMTP:pcavanau@epasd.k12.pa.us] > > > Sent: Tuesday, January 30, 2001 12:50 PM > > > To: Lynnea.Gilbert@CapBlueCross.COM > > > Subject: Re: Brandon >>> > > > brandon was fine today....please let Brandon do the homework all by > > > himself....we are going to push for neatness and self contro!...if he > > > needs extra time let me know, just don't make him hurry. Hope you > feel > > > better...two report cards are coming home tomorrow...one for you and > > > another for Dad. >>> > > > <<< "Gilbert, Lynnea (CBC)" <Lynnea.Gilbert@CapBlueCross.COM> 1/30 > > 7:54a > > > >>> > > > Good Morning Penny!!! I forgot to give Brandon two pills yesterday. > He > > > did > > > however have the one. He showed me the red note. He said he was > good, > > > but > > > that's not what the note said. Let me know if today is better. I > know > > > there's only "modified K" today, but I'm more worried about his being > > > sleepy or like he's out in left field by having the two pills. Thanks > > for > > > keeping me informed. Also, we have the homework assignments. I left > > work . > > > early yesterday because I wasn't feeling well, so we will work on them > > > tonight and turn them in tomorrow. Thanks, Lynnea >>> >>> >> >> 2 :11: .';',('/(.''''1:''-.. Tf'{;u. 1'6-1.( J~t~ ~ t. .E. ]i;cei6t .~().;';r,'< ., t'X(p-d if ':;~', ---'- 4J;( '( .:1 c~:l -; ;,--~~. .. ....,- "'.'- . - ,'.. . '-.' - '~X'Or-.7d .'1; ,~!1::!;i~1t -::t ".,> ',iT, .-;: ..l?';~~?' ~,'. c-_ ~, -J ....0' 'J -f. . 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RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 3/01/2001 11:52:23 108276 GILBERT GERALD E (VS) GILBERT LYNNEA ANN Case Number 2000-03219 Received of PD PLFF ' AW Total Check... + Total Cash.... + Change.. ...... - Receipt total. = 50.00 .00 .00 50.00 Check No. 1540 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount SPEC RELIEF CUS 50.00 CUMBERLAND CO GENERAL FUND 50.00 '" . -,~-; February 27, 2001 MAR 0 2 2001 To the Honorable Judge: I am writing this letter to explain my intention. Attached you will fmd a petition for "Special Relief'. I'm not familiar with how this works, however I need to show you some important documentation that will help you understand where I'm coming from as a concerned parent. I'm requesting that you stop the court order from being in effect until such time that the Plaintiff, Mr. Gilbert files for a new conciliation hearing. If I'm understanding how this works, I need to me the "Special Relief' to stop the court order from being in effect. I don't feel as though I should have to pay an additional fee to have this situation taken back before a conciliator since It's costing me $50.00 to file this. Mr. Gilbert has violated his court order on several occasions that I overlooked, and I just can't overlook them anymore. For starters, I am now a single mom raising three boys on my own. I struggle day to day to make ends meet with everyday expenses. Mr. Gilbert left me with ALL the bills. (Mortgage, car, Home Equity, credit cards, UGI, PP & L, Bell Telephone, etc.. ...) We went to Domestic Relations, and he is responsible for paying $550.00/month. (Which is fme even though our mortgage alone is $735.00) In some instances I was forced to work two and three jobs, but again that's OK. Now the courts are telling me that because HE violated the court order on several occasions, I have to pay $50.00 to file for a "Special Relief?" This I don't understand!!!!! And additionally I'm suppose to pay more than $50.00 to make sure he gets to continue visitation rights????? This is how it was explained to me. Is this correct????? I have devoted my time to raising my boys and working. I am very involved with all three boys. I coach T-Ball and Soccer. I think it's a shame that there is now a cost in filing any kind of petitions. After all, every time I work a part time job, it takes away from the children. I can't afford an attorney. I had one starting ont, but was unable to keep. All I ask is that the Honorable Judge grant me Special Relief based on what I've supplied. Sincerely, d\~~ L ynnea Gilbert Concerned Parent ~ I "- -. iT.>-; . GERALD E. GILBERT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3219 CIVIL ACTION LAW L YNNEA ANN GILBERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Sunday, Esq. at 39 West Maiu Street, Mechanicsburg, PA 17055 on Wednesday, November 07, 2001 , the conciliator, at 1:00 PM 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 TI!E COURT, By: Isl Dawn S. Sunday. Esq. W 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ---Iiili!!i'l~~~ < '"._'~~IaIj,,~\!!'li!!i:U"l'~h~~'~"-'~.~ ~- '~...:...~- *~,~-~ --" " ~ , . ~{P;z:. ~~ 1(/'/'/1 * -,4~ ~ ~U/~?'n /(l'ltl.l/ \fIN\fr\lASNN:id JJN!n]r(i 1"1\'\"1''::]01/,1''''' I .,,,_J 'L'_. 0' (", __,C ~l Iv 8S:IIH~ !-['iON!O f~H\i!l(X'i:.:): 38'IJ,JO---(j:r\I:i ~"-~ .~ '_.."_ ~__',", ,'_, .~'~. -c,,',>- . _,___,-,.,. ~,_ - - t,r',. ~u ",C,_, _: -l!lill ."~",. I.. ~ "~~&"' . s Oll.&, GERALD E. GILBERT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000-3219 Civil Tenn L YNNEA ANN GILBERT, DEFENDANT CIVIL ACTION LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint for "Contempt of Court," it is hereby directed that the complaint be heard before , the Honorable Judge, on , the day of .m. in the office of ,2001 at said Court House located at For consideration. FOR THE COURT: Date: BY: The Honorable Judge Residing , !=.~ I. ;. '1',1'1 ) " GERALD E. GILBERT, PLAINTIFF VS. L YNNEA ANN HALL, (FORMERLY GILBERT) DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 200032] 9 CIVIL ACTION LAW CIVIL ACTION/CUSTODY COMPLAINT FOR CONTEMPT OF COURT ORDER AND NOW, this 8th Day of October, 2001 comes Lynnea Ann Hall, (fonner]y Gilbert) by herself, and respectfully request the following: I). I ask the court to act on Mr. Gera]d Gilbert's 2'nd contempt charge as he has not complied with the counseling sessions set fourth by his attorney and the conciliator. This is the 2ND Time he is in violation of this court order and I am demanding that something be done. The first time he was left go with the conciliator saying he MUST go, and this was all. This is the second time I have filed this same charge against him. ] am asking the courts to grant me FULL Custody with no visitation until set time that Mr. Gilbert seeks a parenting class plus counseling on his own to show him you either step up to the plate and be a father, or you stay away. It is apparent that Mr. Gilbert's priorities aren't what they should be. This is causing psychological damages to my children. 2). I am asking the courts to make Mr. Gilbert attend counseling sessions on his own before continuing with visitation rights. Mr. Gilbert's priorities revolve souly around him and his wife instead of his children, yet he cries to the conciliator at every hearing about poor Jerry. And thus far he's gotten everything he wanted. The following is a history of some things that transpired where Jerry's kids should have come first, BUT they didn't.... A). ]n August of 2001 , at our last conciliation hearing, he would not allow me to put in the court order That under no circumstances is Jada Laganella allowed being near my children. His main defense Was he was planning on marring her. Two months later he married someone else. And I stress, Two months later. (hardly anytime to know someone) Which brings me to another point. If he Only knew Pam, his new wife for two months and got married, what about his kids??? That's Hardley anytime at all for anyone to know what kind of a person she is, yet my kids are going to be Around her and not have a choice. B). After Jerry and Pam got married, Jerry wasn't allowed to move in with her for 3 months. They Didn't know enough about each other yet they were going to wean themselves into their marriage. This effected my children. They didn't understand. My children weren't allowed at Pam's house. C). At the end of the schoo] season, both Jerry and I attended a conference with Brandon's teacher, Mrs. Cavanaugh. She told both of us that it would be in the best interest of Brandon to seek Tutoring over the summer months so he wasn't overwhelmed going into first grade. We both Agreed, only I paid for it all. I'm asking the courts to grant Y, of the overall cost as reimbursement Also, it became a problem for him to either take or pick up. It was more important for Jerry tD buy Pam an engagement ring and to take a honeymoon. Please note that this wedding transpired after Jerry was aware of Brandon's tutoring. He wasn't even dating Pam at the time of our conference With Ms. Cavanaugh. It was up to the help of my father, Mr. Larry Hall. He either took Brandon Or picked him up. I did the rest. (this wasn't my father's responsibility) D). Also through Brandon's counseling sessions with Jessica Hart, she made mention of having him Tested at school. On her advise, I did just that. On Thursday, October 4,200] we were to meet With 8 schoo] officials to discuss the results. Jerry was notified by the school, however he found It necessary to only stay approximately Y, hour to 45 minutes. This meeting ended up lasting a Tota] of I hour and 45 minutes yet he couldn't stay. His excuse was he couldn't miss his part- Time job. Yet he could take off from it the following day to have a vasectomy, which is an E]ective surgery. Again, where does his priorities lie??? Not to mention, it was his scheduled . , ,,,,yl :J.~MiL: Time to have the kids but he cou]dn't do it. E). Over the summer months, my sitter asked if Jerry could get the kids on his days off to relieve him. It was ok'd through Jerry, yet it only lasted two weeks with him. He couldn't handle it. His full Time job offered him overtime which was more important. So my 18 year old son watched the Boys every Thursday and Friday. My oldest son watched the boys more than their own father did. F). Jerry's father passed away in September unexpectedly. It was going to be a closed casket with a Lot of out of town guests, so I thought it would be a good idea to take the boys. Sean, my middle Child was hysterical because Jerry's girlfriend showed up and he saw her. To Jerry, this is funny. Low and behold, his new wife has no clue, but that's not my problem. (his girlfriend was Jada) The kids told me on one event that after he was married to Pam, he wanted to take them to see Jada and Sean had a fit. Whether this was a joke or not, I didn't find it very funny. Again, this Shows where his priorities lie. Jada is not one to read the newspaper, she is a drug addict and an Achaholic. She was just picked up for DUI and Child endangerment, yet I couldn't get anything Put in the last court order to justify her not being around my children. G). I had to devise a letter to send to Domestic Re]ations to have the children added to Mr. Gi]bert's Health care coverage. He could have cared less yet] was paying out the nose for extended Denta] work for both boys. ] am seeking reimbursment for Y, of the medica] bills which I will Furnish copies of at our court hearing. 3). I am asking the courts for reimbursement ofY, the medica] bills. This isn't part of the daily care to take care of them. 4). ] am also asking the courts to make Jerry reimburse me the $50.00 it took for me to file a contempt charge a second time. 5). Jerry neglected his own children in August of200] when it was a HOT summer day and he left his kids at his moms. She had one air conditioning unit in her bedroom where she slept yet my kids were in another bedroom and a fan blowing. They were in their underwear sweating. My kids called me to come and get them. I asked where their daddy was and was told he was at Pam's house. This is NEGLECT. I have proof he was over at Pam's house. I have my cell bill that shows I made the call To her house at ]] :45 pm wanting to know where Jerry was. Neither answered the phone because she Has caller ID and knew it was me. ] told him he had 5 minutes to call me back, and that he did. I told Him to get to him moms house or] was taking the children. This is Jerry's visitation, not his moms. It ended up that I took the children and he verbally said he was going to forfeit all of his rights to see The kids, so ] held him to that. Now he's begging to see the kids again, and I'm filing this for the Courts to decide. 6). I want it know, at this time Jerry's mom has no heat in the house which will cause a problem over the winter months. I have done everything] am suppose to as a parent, now I'm asking the courts to grant lne full custody based on the evidence I have submitted. If you recall, Jerry wanted to use a different counselor for the sessions he was ordered to comply with. He was granted that. He has no attempt to comply with this order and] turn to the courts for assistance on granting me full custody. It's quite obvious that his kids come second in his life. Now that it has been proven by the schoo] that Brandon is a special needs child, I'm asking that you see it in the best interest of him to stop visitation until Jerry can seek the help he needs. I am asking the courts to review everything that was submitted from the beginning to now. It will show that Mr. Gilbert is destroying them mentally. I have to mainly focus on my children and give Brandon the special attention he needs. By doing this, again I ask the courts to look at everything. I can't keep taking offwork and going through the court system to fix everything he has messed up. I'm asking the court to J!Ij ." ._i - , ~ ,c J,- put themselves in my shoes and know the frustration Jerry has put me through. I want Jerry to see his kids, but ONLY ifhe's willing to help instead of hurt them. Thank You! Respectfully submitted, ~M BY~",,~\ " Lynnea ~ 1:5Q''"''"(~ ,--\\w-\; ) 40 Tory Circle Enola, PAl 7025 ~< ; ~M;! ,. ~--~ . .~ '~i October 9, 2001 at 9:31a Kearns And Ashby P.D.S., P.C. The Pediatric Dental Group 4836 E. Trindle Road Mechanicsburg, PA 17050 1(717)737-5834 Page 1 PATIENT TRANSACTIONS From 02/10/99 to 10/09/01 ACCOUNT 818300, Gerald Gilbert PATIENT 818302, Brandon Gi1bert*** DATE PATIENT ~ CODE D$DR~! SURP. DESCRIPTION PROD. CHARGES CHG ADJ PA1!IIENT PAY. ADJ BALA1ICE 03/25/99 Brandon 818302 2381 12 4 A I DO PC 2 Surf Posterior Pri 81. 00 81.00 03/25/99 Brandon 818302 2381 12 4 A J MO PC 2 Surf Posterior Pri 81.00 162.00 03/25/99 Brandon 818302 2381 12 4 AS DO PC 2 Surf Posterior pri 81.00 243.00 04/14/99 Brandon 818302 50 12 4 A Participating Dr Adj -111.00 132.00 04/14/99 Brandon 818302 2 12 A Insurance Check Payment 132.00 0.00 10/28/99 Brandon 818302 120 12 1 A Periodic Exam 24.00 24.00 11/10/99 Brandon 818302 50 12 1 A Participating Dr Adj -10.00 14.00 11/10/99 Brandon 818302 2 12 A Insurance Check Payment 14.00 0.00 06/13/00 Brandon 818302 120 12 1 A periodic Exam 25.00 25.00 06/27/00 Brandon 818302 50 12 1 A Participating Dr Adj -11.00 14.00 06/27/00 Brandon 818302 2 12 A Insurance Check Payment 14.00 0.00 01/16/01 Brandon 818302 120 12 1 A Periodic Exam 27.00 27.00 01/30/01 Brandon 818302 50 12 1 A Participating Dr Adj -12.00 15.00 01/30/01 BrandOJl 818302 2 12 A Insurance Check Payment 15.00 0.00 02/06/01 BrandOJl 818302 2381 12 1 A S DO PC 2 Surf Posterior Pri 91. 00 91.00 02/06/01 Brandon 818302 2930 12 1 A T Stainless Steel Crown~P 164.00 255.00 02/06/01 Brandon 818302 3220 12 1 A T Therapeutic Pulpotomy 111.00 366.00 02/06/01 Brandon 818302 9920 12 1 A Noctec/Vistrail 45.00 \('\:.""-\S:'(" 411. 00 02/06/01 Brandon 818302 3 12 A '/cCheck"':paymeii-t 45.00 366.00 02/20/01 Brandon 818302 50 12 1 A Participating Dr 'Adj -172.00 194.00 02/20/01 Braniknl 818302 2 12 A Insurance Check Payment 137.00 57.00 04/05/01 Brandon 818302 3 12 A Check ,:p~YI!i~t 57.00 '1 c.'r--II; 0.00 04/11/01 Brandon 818302 1351 12 5 A 3 Sealant-per Tooth 33.00 " \S,'\ 33.00 04/11/01 Brandon 818302 1351 12 5 A 14 Sealant~per Tooth 33.00 66.00 04/11/01 Brandon 818302 1351 12 5 A 19 Sealant~per Tooth 33.00 99.00 04/11/01 BrandOJl 818302 1351 12 5 A 30 Sealant~per Tooth 33.00 132.00 04/11/01 BrandOJl 818302 2381 12 5 A J MO PC 2 Surf Posterior Pri 91. 00 223.00 04/11/01 Brandon 818302 9920 12 5 A Noctec/Vistrail 45.00 \l_' t""*' 268.00 04/11/01 Brandon 818302 3 12 A ~Check 'l''':\OIlO!1t 54.60' 213.40 05/01/01 Brandon 818302 50 12 5 A Participating Dr Adj -103.00 \S<\'> 110.40 05/01/01 BrandOJl 818302 2 12 A Insurance Check Payment 110.40 0.00 08/14/01 Brandon 818302 120 12 1 A periodic Exam 27.00 27.00 08/14/01 Brandon 818302 272 12 11 A 2 Bitewing X~rays 28.00 55.00 Transactions continued on next page , ~ "-".' _~ _I, -", -~, .October 9, 2001 at 9:31a Kearns And Ashby D.D.S., P.C. The Pediatric Dental Group 4836 E. Trind1e Road Mechanicsburg, PA 17050 1(717)737-5834 Page 2 PATIENT TRANSACTIONS From 02/10/99 to 10/09/01 ACCOUNT 818300, Gerald Gilbert PATIENT 818302, Brandon Gilbert*** DATE PATIENT 08/14/01 Brandon 08/14/01 Brandon 09/05/01 Brandon 09/05/01 Brandon 10/09/01 Brandon 10/09/01 Brandon 10/09/01 Brandon 10/Q9/Q1 Brandon ~ CODE 0$ DR : ~ SURF. 818302 1120 12 11 A 818302 1203 12 11 A 818302 50 12 1 A 8183Q2 2 12 A 818302 2381 12 1 A R NO 818302 293Q 12 1 A I 818302 3220 12 1 A I 8183Q2 992Q 12 1 A DESCRIPTION Prophylaxis-child Child Fluoride Participating Dr Adj Insurance Check Payment PC 2 Surf Posterior Pri Stainless Steel CrOWDMp Therapeutic Pulpotomy ( Noct~IVi~trai~~ '<-'li:W"V\!"!!(.; , PROD. 36.00 25.00 CHARGES CHG ADJ PA'YMBNT 76.QO PAY. ADJ BALANCE 91.00 116.00 76.00 Q.OO 91.00 255.00 366.00 411.0Q -40.00 91.00 164.00 111. 00 45.QIli' ..." 0...~. \., ======== ======== =======:f-~<i~~~ =~=~~:== PATIENT TOTALSI 1525.00 0.00 -459.00 655.00 0.00 Total Tax on productions and charges $ 0.00 **The above totals reflect only those transactions during the dates selected. The full account balance is: The full patient balance is: 411. 00. 411. 00. Account BP Balance $ 0.00 \..~^' . '\J-\ ......r,'r\~, C~\\ \Co1'\. ck\\ \<;'~l - "d.S .()O C\<...'II;: ~ \ Co,,$) - d..S ,6::) c~"\\: I; IlCXo- ;).S.OO c\.-"'\\ \l \ S _i' ";).S , C5\j a-\\- \l~c.. - &"d.S.oo \.J..) I \'\'$ _'$ ~. ~ " D~'-'''-'r:' d.- 'S CJc) ~'QC ""0." . G.s~~;j" "t ck'"\l;c \1'":l\ _0; ";).S.OJ -TO-\C\.\ "if \lS.():J ~ . , ~ -, 4 . . . i.t. EAST PENNSBORO AREA SCHOOL DISTRICT Department of Special Education Evaluation~eport ''11; -A_ Initial Referral Reevaluation Demographics: Date of RepOrt: September 27, 2001 Student #: 120166 Social Security #: 211-74-3180 Name: Br.mdon Gilbert Sex: M DOB: 8-17-94 Age: 7-0 Parent (s): Lynnea Hall Grade: 1" Phone: 728-11 05 (H) 541-7455 r:w> District Residence: East Pennsboro Home School: East J>ennsboro Elementary Address: 40 Tory Circle Enola, PA 17025 Current Educational Program: General Education Otber Demograpbic Data: N/A Reason fOil" Referral: Parent requested evaluation due to concerns surrounding Brandon's academic progress. Educational Levels of Performance and Educational Needs oftbe Cbild: Levels of Performance Cognitive and Achievement Measures *Please see Appendix A for a detailed report of tests and scores. Brandon was given the Differential Abilities Scale (DAS) as a measure of his overall ability in thinking and problem solving. Brandon earned a GCA, General Conceptual Ability score (which is comparable to a full scale IQ), of 80, which is classified in the below average range of functioning. This score indicates that Brandon did equal to or better than 9 percent of children his age. The DAS also includes three additional scores: at verbal composite, a nonverbal composite, and a spatial composite. The verbal composite is made up of tasks a child perfOllDS, such as, stating the definition of a word, and finding the similarity between three words, such as cat, horse and dog. Brandon earned a verbal composite of 73, which is classified within the very low range of functioning. Brandon had trouble giving definitions to words, often giving examples of a word, but could not elaborate further. For example, if Brandon was asked what a mustache was he was able to say that his friend's firther had one, but would not be able to explain what . . . , , .<. i '. ,,~~ .' ~ ".,- i,."L' '.. Evaluation Report-Gilbert, Brandon 2 a mustache was. This weakness may be due to Brandon's difficulty in retrieving words from the filing system in his brain. The nonverbal composite is a measure of inductive reasoning (fornlUlating rules, testing hypotheses), understanding verbal instructions, and using verbal and nonverbal means to solve a problem. This area was a strength for Brandon. He earned a score of 99, which is classified within the average range of functioning and the 4 jh percentile. Brandon was able to figure out and complete basic patterns, do simple addition and math, and recognize what picture was missing from a group. . . The spatial composite measures Brandon's ability to see and manipulate objects in space, use analytic thinking, and pay attention to detail. Brandon earned a composite score of 78, which is classified in the very low range of functioning. Brandon was average in his ability to put together designs using yellow and black blocks. However, he did have trouble drawing and reproducing basic figures from memory. This weakness may be due to Brandon's ADHD and his trouble in remembering things that are presented to him for a. short period of time. ' Two additional diagnostic subtests were given to further analyze Brandon's cognitive ability. Brandon earned a score that is classified in the average range of functioning and 58th percentile on Speed of Infonnation Proce&sing (how fast Brandon is processing infonnation in his brain). The next diagnostic subtest looks at Brandon's abi1ity to remember and repeat infonnation just heard. On the recall of digits subtest, Brandon earned a score that is classified within the very low range of functioning and falling in the I" percentile. Brandon had trouble repeating a string of numbers that he just heard. Consistent with his cognitive ability, Brandon's overall levels of achievement are classified in the below average to average range of functioning. The Comprehensive Inventory of Basic Skills-Revised (CmS-R) was given as an assessment of Brandon's achievement and readiness skills. These basic skills show if a child is adequately prepared for kindergarten or first grade. The readiness assessment given to Brandon tests his peIfonnance in four areas: general knowledge and language, graphomotor and writing skills, reading, and math. Auditory discrimination, sentence memory, following oral directions, word recognition and word analysis were also given to assess Brandon's skill level in these areas. Brandon's skills in graphomotor and writing, reading and math were classified within the average range of functioning. Brandon was able to write the alphabet using upper and lower case letters; write his name, age and phone number; visually discriminate between shapes, letters and words; and is able to count to 100 and do basic addition and subtraction. However, Brandon did have a weakness in understanding quantitative concepts. Brandon had diflicu1ty finishing a sentence that would show appropriate quantitative understanding, such as big/little, heavy/light. This may have been due to Brandon's trouble in remembering items that are presented verbally. Brandon's score on the subtest of general knowledge and language full within the low average range of functioning. Brandon was able to recognize all of his colors, understands -,,-' ." I' ;~ , , . Evaluation Report-Gilbert, Brandon 3 directional and positional concepts and can give personal data about himsel( such as name, age and address. Brandon had slight difficulty in naming certain body parts. In addition to Brandon's basic readiness skills, he was able to discriminate between different letter sounds, repeat a sentence with up to 10 words and follow 4 step oral directions. Brandon scored at the 10th percentile (SS=81) in reading words at a preprimer and primer level. Brandon was able to read 7 out of 10 words at the preprimer level and 3 out of 10 words at the primer level. . Select tests were chosen from the Woodcock-Iolmson Test of Achievement-ill (WI-III) to . supplement infonnation found on the CmS-R Consistent with scores on the CmS-R, Brandon was able to identifY letters in random order, but had trouble in identifYing and spelling words. Brandon would sound out words with the right sounds, but would not be able to blend all of the sounds into a word. Brandon also earned a standard score of 93 on the applied problems subtest, which is classified in the average range of functioning. Scores on the Developmental Test of Visual-Motor Integration (VMI-4) were consistent with cognitive ability and scores on the graphomotor and writing portions of the CmS-R On the VMI Brandon is asked to copy various lines and integrated shapes. Brandon earned a standard score of 92, which is classified in the average range of functioning and at the 3(fh percentile. Emotional and Behavioral Ac!justment Brandon's mother completed the Child Behavior Checklist for ages 4-18 (CBCL). Consistent with Brandon's diagnosis of ADHD, ratings on this scale indicate attention problems in the clinical range. Brandon also received ratings in the clinical range for delinquent behavior and borderline clinical range for aggressive behavior. Even though these scores are significant, Brandon's teachers did not report any problems in these areas at school. Speech and Language Request for a multi-disciplinary evaluation was received and testing began in May 2001. Articulation testing revealed that Brandon substitutes f7th sounds. He was given the Structured Photographic Expressive Language Test-II (SPELT II) to assess his production of specific structures using controlled visual and auditory stimuli to elicit forms and structures. Brandon's performance on this measure was below expected level for his age. He received a raw score of 26/50 correct structures. The average for his age is 43 +/- 3. Looking at his recorded responses, Brandon demonstrated use of articles (the, a), plural marker (s), pronouns (he, she, it, my, I, her, his, their), -ing endings, prepositional phrases, and some questions formations. He inconsistently omitted (is), substituted is/are, gotslhas, and was/were. He appears to have some grammatical rules but has difficulty applying them consistently. .,J-.......... I~ " . ~ EvalWUion Report-Gilbert, Brandon The Expressive One-Word Picture Vocabulary Test-R was administered to assess Brandon's ability to visually perceive a picture and respond with the name of the object pictured. He received a standard score of80. The average range for his age group is 85- 115. He demonstrated difficulty naming objects depicted by pictures. It was questioned whether he was familiar with some object pictures. He demonstrates difficulty finding words that he wants to use in sentences or to respond on demand to questions. The Language Processing Test-R was administered to further explore Brandon's difficulty with word-finding and processing of information. His scores on labeling, stating functions, making associations, categorization, similarities, differences, and attributes all fell within the strong average range. Several hesitations before responding were noted perhaps indicating a need for longer processing time. It was noted on the attributes sub-test, that Brandon only used the attributes of function, components, and color consistently. It may beneficial to encourage him to use more attributes to assist with his difficulty naming on demand. Strengths " Nonverbal reasoning " Personality ./ Self-correction ability Needs o ArticuIation and word retrieval o Letter and number reversals o Many visual cues o Repeating and following multi-step directions o Prompts to stay on task o Brandon needs direct and systematic instruction m grammatical structure and vocabulary as well as strategies for word retrieval o Spacing and size when writing Evaluation Data Results of Direct Intervention: Background Information Brandon is a 7 year, 0 month old student in Mrs. Bruner's first grade class at East Pennsboro Elementary school. Brandon lives at home with his mom and two brothers, Chris, 17, and Sean, 10. Brandon's parents have recently divorced. Ms. Hall stated that she has custody of the children for most of the time. Ms. Hall stated that Brandon has had no fonnal preschool experience and repeated kindergarten. Brandon has been seen by the speecManguage clinician for improvement of language skills during kindergarten last year. He joined a small language group and participated in activities to improve his grammatical structure particularly with pronoun use and word order. In addition, according to records, Brandon was involved in the writing, fine motor and ABC club at school through the instructional support team. In May of200 1, Brandon completed the Metropolitan Readiness Tests. Brandon received scores in the "- ;'-'~ M,.""o: 4 . . ",~-~" ~ ., I,~~, ',. Evaluation Report-Gilbert, BllU1don 5 avenlge range in beginning reading and quantitative skills, and in the vel)' low range in story comprehension. Brandon and his mother, Ms. Hall, report that Brandon enjoys school. Brandon indicates that his favorite subjects are gym and recess, where as the hardest things for him to do are coloring and cutting. Brandon states that he has many mends at school as well as on his soccer team. However, according to Mrs. Cavanaugh (Brandon's kindergarten teacher) and Brandon's mother, Brandon does not seem to interact socially with others. Ms. Hall stated that Brandon enjoys soccer, but often does not engage conversation with others on the team, . staying aloof Mrs. Cavanaugh reports that at school Brandon would play by himself on the . playground and in the room. Ms. Hall reported that Brandon does not have many mends in the neighborhood because they are so busy with school and soccer. According to the nurse and records, Brandon passed vision and hearing screenings conducted at school in the 2000-2001 school year. Brandon was diagnosed in kindergarten, by his pediatrician, as having Attention Deficit Hyperactivity Disorder (ADHD). The nurse reported that Brandon is taking 20 'mg of Adderall at lunch and in the morning before he comes to school. Ms. Hall confirmed this dosage and time. ObservationslCliissroom based aSsessments Brandon was observed during reading (morning) and math (afternoon) on September 6, 200 1. During reading time, Brandon was involved in identifYing letters, identifYing a capital and lowercase "/>l', and answering questions about a story that was read to them. Brandon followed several step directions, using peers in class for cues. For example, when walking back to his seat with one hand6n his' head arid hopping with two feet, he followed tlreexampltmfhiS'peers.Brandon was vel)' quiet through class only responding with the group, seldom raising his hand to offer a question or comment. He did not talk to peers sitting around him at the desks or in rug time. Brandon often would show nervous habits, such as rubbing his fingers together, picking at his fingers or rubbing his face and eyes. In addition, Brandon seemed disengaged from the lesson, either looking around the room or engaging in these nervous habits. However, when asked to participate and answer a question, Brandon was able to do so. During math Brandon was much more active, often calling out questions or answers. The class was working on a worksheet in which the children had to use unifix cubes to come up with the correct response to an addition problem. Brandon could correctly figure out problems and often anticipated the next problem by putting together the unifix cubes. At the beginning of the class Brandon was working with an adult one-to-one. Brandon did great in this situation, seeming as ifhe did not need any help at all. When Brandon had to work on his own he frequently looked around or called out for verification from the teacher. It was only when prompted did he attempt to finish his last few problems. The speech and language clinician summarized observations from informal meetings during the 2000-2001 school year. Brandon interacted well with the other student in turn taking activities. He demonstrated some impulsiveness during activities such as guessing at letter name/sounds. He responded well to positive reinforcement and appeared to enjoy coming to . L- Evaluation Report-Gilbert, Brandon 6 language group. His perfonnance varied from session to session in that one day he appeared confident with an activity using correct pronouns, for example and the next session demonstrated great difficulty with a similar task. He appeared to have some difficulty focusing on activities at times. He would re-direct his attention when asked. Brandon was also observed during testing sessions with the examiner on September l' and 10th. Brandon was a delightful and cooperative child. He wanned up to the examiner quickly and a good relationship was gained early and easily. Consistent with reports from . the speech and language pathologist, Brandon had trouble expressing his thoughts verbally. . He would often stumble over his words, taking a long time to answer the examiner's questions. Frequently Brandon would define a concept or word because he was not able to find the word he was looking for. Brandon was very animated in his responses. Ifhe knew he got an answer wrong he would scrunch up his face and whine, but ifhe got an answer correct he would sing, dance in his seat, and chant "I got it". Occasionally Brandon would be impulsive in starting tasks and not waiting for the full instructions, and when answering questions. However, Brandon did show good self-monitoring skills in that he would frequently self-correct himself and give the right answer or stop himself and ask a clarifYing question. Brandon would also repeat many things that the examiner said in attempt to remember the question or directions. Tem:her Report Brandon's current teacher, Mrs. Bruner reported that she often has to repeat directions for Brandon and give him many prompts to answer questions or finish his work. In addition, she stated that Brandon needs many visual prompts to supplement verbal directions. -Consistentwith examiner- observations, Mrs. Bruner indicated that Brandon learns from his peers, and often uses his peers as cues to what he should be doing. Finally Mrs. Bruner stated that her concerns for Brandon are that he does not do well with listening, has trouble cutting and handling scissors, and makes letter and number reversals. Evaluations and Information provided by the Parents or Persons with Whom the Student Lives: Ms. Hall stated that her biggest concern for Brandon is his overall academic progress. She stated that he has been seeing a tutor, but that in his writing he is still reversing letters and numbers. Ms. Hall indicated that Brandon loves school and his new teacher but the hardest thing for him is writing because he gets so frustrated if he cannot get a letter right. Ms. Hall expressed further concern over Brandon's interest in violence. She indicated that she is worried that Brandon may have a high level of anger built up because of the divorce and is keeping it inside. Ms. Hall stated that he did see a therapist for issues related to the divorce, but that he hasn't seen her for a while and only went two or three times. , . , ,--~~-~ ....,~~" Evaluation Report-Gilbert, Bmndon 7 If an Assessment is not conducted Under Standard Conditions, Describe the Extent to Which It Varied From Standard Conditions: No assessment was conducted under nonstandard conditions. Summary of FindingslInterpretation of Assessment Results: Brandon Gilbert is a 7 yr, 0 mos old student in Mrs. Bruner's class at East Pennsboro Elementary school. Ms. Hall, Brandon's mother, referred Brandon because she had - concerns surrounding Brandon's academic progress over the past couple of years. . Record review indicates that Brandon received informal speech and language services once a cycle for the 2000-2001 school year. In addition, Brandon was involved in the fine motor, ABC and writing club. Brandon repeated kindergarten. Brandon was diagnosed in kindergarten as having ADHD and is currently taking 20 mg of Adderall at lunch and in the morning. Test results indicate that Brandon's overall cognitive abilities are classified in the below average range of functioning. Brandon has a strength in his nonverbal reasoning skills. Brandon has trouble with word retrieval when speaking and giving the definition to words. In academic areas, Brandon is functioning in the average range, except for his skills in general knowledge and language, which is consistent with speech and language reports, teacher reports and examiner observations. Brandon did make several letter and number reversals, but this is somewhat normal for children his age. In addition Brandon showed good self-monitoring skills in that he would self-correct himself when he gave an impulsive answer and repeat directions and questions to help him remember what was asked of him. Socially Brandon is quite reclusive. He does not engage or initiate activities with peers in class, at home or extracurricular activities. Scores on the CBCL (parent Rating Form) indicated ratings in the clinical range for attention problems, delinquent behavior and borderline clinical range for aggressive behavior. However, only Brandon's attention has been noted by teachers to be a problem in school, they have not noted any aggressive or delinquent behaviors at this time. Conclusions: X Student is a child with a disability. Disability category: Other Health Impaired - (If appropriate) Secondary Disability category: Speech Impairment X Student is in need of specially designed instmction Student is not a child with a disability, or is a child with a disability but does not need specially designed instmction. . , ,~, > , - ,," " .L~ '.~ . . Evaluation Report-Gilbert, Brandon 8 Recommendations: Even though Brandon is currently on medication for ADHD, this condition is interfering with his performance in the classroom. Due to this disorder, Brandon has an overly heightened alertness to environmental stimuli, which makes learning in the general education setting difficult for him. It is recommended that Brandon receive special education services under the category of other health impaired to address this need. Brandon is currently seeing Mrs. Evanish for reading support. The team should refer to . her for recommendations and progress in this area. . Brandon's Individualized Education Plan should include, but is not limited to the following: ,/ Preferential seating ,/ Concise and simple directions ,/ Break down assignments into a check list so that Brandon can visualize what he has to do for the day and what has already been completed ,/ Extra time to complete work ,/ Modified assignments ,/ Graph paper to help organize writing ,/ Use of number and letter line to help with reversals ,/ Visual cues In addition, a change in medication may be warranted since Brandon is currently on medication, but is still off task at certain times of the day. Staff will be able to complete medication monitors to assist his pediatrician with adjustments. In terms of non-educational recommendations, it is suggested that Brandon continue to see his therapist to address Ms. Hall's concerns of aggressive and delinquent behavior. , . . ,,~ , 'I. . .' Appendix A Date of Testing: Sept. 7 and 10, 2001 Assessment Procedures: Differential Ability Scales (DAS) Woodcock Johnson Test of Achievement-]'" Edition (WJ-III) Comprehensive Inventory of Basic Skills-Revised (CIBS-R) Developmental, Test of Visual-Motor Integration-4 th Edition (VMI-4) Child Behavior Checklist for Ages 4-18 (CBCL/4-18) Kinetic Family Drawing (KFD) Record Review Clinical Interview Parent Interview & Checklist Teacher Interview & Checklist D'n: 'al AbU't S al . erenti IIV c es Scale IQlIndex Percentile Rank' 90% Confidence Qualitative Range Interval' Verbal Cluster 73 4 66-83 Very Low Nonverhal Reasoning 99 47 91-107 Average Cluster Scalial Cluster 78 7 72-86 Verv Low General Conceptual 80 9 75-86 Very Low Ability (GCA) In fB' S 'II R ' d ComorehenslVe vento v 0 asle ki s- eVlse Scale Standard Score Percentile rank Qualitative Ran..e General Knowledge & 85 16 Below Average LanlWlll!.C Graphomotor and 90 25 Average Writing Skills Reading 92 29 Average Math 103 58 Averal!:e Woodcock Johnson Test of Achievement-3'" Edition Subtest Standard Score Percentile Rank 90% Confidence Qualitative Range Interval Letter-Word 80 9 75-84 Below Average Identification Spellinl!: 84 15 77-92 Below Averal!:e Applied Problems 93 31 86-99 Average .. Develoomental Test of Visual Motor InteJ(ration-4 Edition Standard Score 92 Percentile 30 T score 45 Qualitative Range Average Child Behavior Checklist for kes 4-18 Scale T -score Qualitative Range Externalizing Problem Scale 71 Clinical Range Intema1izinJt Problem Scale 51 Normal Total ComDetence Scale 19 Normal I Percentile Rank indicates how wen Brandon did in comparison to his same age peers in the standardization sample. 2 The 90% confidence interval indicates that Brandon's scores wiII ran within this range 90% ofthe time. ,-~~ . . , ~- -~ ..j -~ hi '. ... . .. . , . .- , ' EVALUATION REPORT - SIGNATURES DIRECTIONS TO TEAM MEMBERS: Please sign your name and your title. "IF THE CHILD IS BEING EVALUATED FOR A SPECIFIC LEARNING DISABILITY: Check YES if you AGREE with this report; check NO if you DO NOT AGREE. If you do not agree, please write the reason for the disagreement, and it will be attached to the report. Student: SIGNATURE 0 TITLE YES NO School Psychologist" . "Required for evaluation of the following disabi.lity categories: Autism, Emotional Disturbance, Mental Retardation, Multiple Disabilities, Other Health Impairments, SpeCific Learning Disability or Traumatic Brian Injury. Not mandated for Deaf/Blind, Hearing Impaired, Speech/Language, Visual Impaired and Orthopedic Impairment List name of person copies were given to: Parent: Teacher: Building Principal: Other: i!Ji ,-~ IiiIiiIk~Mf- 1Il~~~'bfl-"""_",.~__,,.!~..-'lr.I&M~.;,;(l 'Ij.^ " ~ ~.~1'~~'4!:lll ~ ~ ~ -'lo./ ~ ca \)') C) 8 -0 ~ ~ :>- "* .:::. :, S ~ ~. 1'""' r ,~ ~I ......-.-~, ~~.~ el) ;:~ ~?~~: ~'-) zC) ,,=f-) )>- C :z: =< .- () :;;; ~_~dl!Ift!lIIllltii1llA . C'J ~~ -~ {:::J C) "'-I i"-,) r......:; ;-'71''";; ~-;~~;.S A:B :.~,:.C) csril ~ :D -< -0 3: I>.) ~. B1l!i! tj-' ~~-~k1ii'! . ' r -- j !; ~,iJ if GERALD E, GILBERT, Plaintiff IN THE COURT OF COMM CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs, NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY AND NOW, this 4~ ORDER day of ~ , 2005, upon consideration of the within Motion and Stipulation, IT IS HEREBY ORDERED as follows: 1. That the Order of Court dated November 14, 2001, shall be and is hereby vacated. 2. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests, Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party, Each party shall notify- the other of any activity or circumstance concerning the children that '-. iJj could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody, With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C,S.A, 5309, 3, Defendant, LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, shall have primary physical custody of the subject minor children, 4. Plaintiff, GERALD E. GILBERT, shall be entitled to partial periods of physical custody, pursuant to the following schedule: a. Father shall be entitled to every other weekend from Saturday at 4:00 P,M, until Sunday at 8:30 P,M. If the Monday following Father's Custodial Weekend is a school holiday, then Father's visit shall continue through Monday at 4:30 P.M, If Mother provides twenty-four hours' notice to Father that she has previously made plans for a Saturday that is on Father's weekend, then Father shall undertake the responsibility to care for the children during the time on Saturday that Mother is unable to do so. Mother will not exercise this option more than five (5) times in a calendar year, b. Three weeks vacation during the summer months, A week shall be defined as seven (7) consecutive days, Father shall provide mother -, """"'" -~~. - ~ -,,, . . ~~'ili~ with at least thirty (30) days' notice of his intent to take these periods of temporary physical custody. 5. The parties agree to altemate the children's sick days from school with mother taking the first day and father having the second day, etc. 6. The parties agree to alternate the children's doctor visits. 7. When dad has temporary physical custody of the minor children, dad agrees to get the children to their regularly scheduled events, including, but not limited to, the children's soccer games, 8, The parties agree to alternate the following holidays in as equal a manner as possible: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New Year's Eve, The exact details shall be worked out between the parties. 9, Mother shall have physical custody of the minor children every year on Christmas Eve until Christmas Day at 7:00 P.M, Dad's custodial period shall begin on Christmas Day at 7:00 P,M. and end Christmas Day at 10:00 P,M" unless otherwise agreed by the parties, 10, Mother shall provide father with at least thirty (30) days' notice of her intent to take vacation with the minor children, 11. Both parties shall attend school functions, including, but not limited to, Parent-Teacher conferences, IEP meetings, and all other similar functions, 12, The parent not having physical custody of the minor children, shall be entitled to reasonable telephone contact with said children. - .~ ~ -~' ~'<""""'~~~IIiIlI:i~; 13, Neither parent shall involve the children in their personal displ:ltes or disparage them from the other party. 14. Mother agrees to be the primary health insl:lrance provider for the minor children, which medical, dental and vision insl:lrance is cl:lrrently carried by Capital BIl:le Cross. Father agrees to provide secondary health insl:lrance coverage for the children, 15. In the event of Mother's death, primary physical cl:lstody and gu.ardianship of the minor children will pass to LEE C. HALL, Father will continl:le to have visitation rights as set forth in thi J. ~~Q? \\,,0 liIIllllillmW~...,.Miil&lI!,~'l~~".!..l;IHI"k""'f0..!",;;,.:iJ'-"L'i_,"-_"'~';i;.,,,,,,,,,,-W~'tl'i_@,J~'H",,,~l>d!~i_li'kiIil1illllii!lll_li~~!.l!:IId~~1i&ilJlI'.otlli_.._ \<NV/\l/Dr<r.T-Jc! AJ!\fr:CI"] r-'r '_U', :--:."::rJflO I? ,C VI" v.Ol,;li '1- iION SOUZ 'U""10.,\,C'~;T '\' 'd :JH1-!Q ^OVd ;\lI.}'j'!>>UtJ oJ ... 301:BQ-{]3lI:l """",,,,=.~= , " I Ii Ii :1 i I , ,.., .' .,. ~ IJ WI GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY MOTION TO MODIFY CUSTODY ORDER NOW COMES the Plaintiff, GERALD E, GILBERT, by and through his attorney, Charles E, Petrie, and respectfully represents as follows: 1. That Plaintiff is GERALD E. GILBERT, who currently reside at 3007 Walnut Street, Harrisburg, County of Dauphin, Pennsylvania. 2, That Defendant is LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, who currently resides at 40 Troy Circle, Enola, County of Cumberland, Pennsylvania, 3, That the parties are the natural parents of two minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994, 4, That on November 14, 2001, the Honorable Edward E, Guido entered an Order of Custody granting primary physical custody to Plaintiff and temporary physical custody to Defendant, A copy of said Order is attached hereto. 5. That the parties have reached an agreement concerning the issues of custody and visitation and desire that said Order of November 14, 2001, be vacated. - -"j - . ,. - .- - , .;"'.~'; 6, That the parties desire that the attached Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted, ~-Q-.--{ tA->> CHARLES E, PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Plaintiff "~~ ,"_l_" ..~ ~..: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion 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. I o{;Lllo c,' DA E ri 9JL -I~ ";I..:;- F~ 01'1.4'.' ~/ ('~YJL~(/\" GERALD E. GILBERT """"""""'- " ...-". ,I!il~ - .~~ ll~ GERALD E, GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs, NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY STIPULATION AGREEMENT, made this 24th day of October, 2005, by and between GERALD E. GILBERT, hereinafter referred to as "Father;" and LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994; and WHEREAS, The Honorable Edward E, Guido entered an Order of Custody dated November 14, 2001; and WHEREAS, the parties desire that said Order be vacated; and WHEREAS, the parties have reached an agreement concerning the issues of custody and visitation and desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: ~-~~~- "..~ .~, -- " '-_l!'!!v'- 1. That the Order of Court dated November 14, 2001, shall be and is hereby vacated, 2, It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994, The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests, Each party agrees not to impair the other party's right to shared legal custody of the children, Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party, Each party shall notifY the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody, With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as " -. . ~""""~-"~'~ml.~"'IilI~~ possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S,A. 5309. 3, Defendant, LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, shall have primary physical custody of the subject minor children, 4, Plaintiff, GERALD E, GILBERT, shall be entitled to partial periods of physical custody, pursuant to the following schedule: a, Father shall be entitled to every other weekend from Saturday at 4:00 P,M, until Sunday at 8:30 P.M, If the Monday following Father's Custodial Weekend is a school holiday, then Father's visit shall continue through Monday at 4:30 P,M, If Mother provides twenty-four hours' notice to Father that she has previously made plans for a Saturday that is on Father's. weekend, then Father shall undertake the responsibility to care for the children during the time on Saturday that Mother is unable to do so. Mother will not exercise this option more than five (5) times in a calendar year. b, Three weeks vacation during the summer months, A week shall be defined as seven (7) consecutive days, Father shall provide mother with at least thirty (30) days' notice of his intent to take these periods of temporary physical custody, 5, The parties agree to alternate the children's sick days from school with mother taking the first day and father having the second day, etc, 6. The parties agree to alternate the children's doctor visits, :r~' . ^- '~l~, ; 7. When dad has temporary physical custody of the minor children, dad agrees to get the children to their regularly scheduled events, including, but not limited to, the children's soccer games. 8, The parties agree to alternate the following holidays in as equal a manner as possible: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New Year's Eve, The exact details shall be worked out between the parties, 9, Mother shall have physical custody of the minor children every year on Christmas Eve until Christmas Day at 7:00 P.M. Dad's custodial period shall begin on Christmas Day at 7:00 P.M. and end Christmas Day at 10:00 P,M" unless otherwise agreed by the parties. 10, Mother shall provide father with at least thirty (30) days' notice of her intent to take vacation with the minor children, 11. Both parties shall attend school functions, including, but not limited to, Parent-Teacher conferences, IEP meetings, and all other similar functions, 12, The parent not having physical custody of the minor children, shall be entitled to reasonable telephone contact with said children. 13, Neither parent shall involve the children in their personal disputes or disparage them from the other party, 14. Mother agrees to be the primary health insurance provider for the minor children, which medical, dental and vision insurance is currently carried - w" loimL">l. . , . by Capital Blue Cross. Father agrees to provide secondary health insurance coverage for the children, 15, In the event of Mother's death, primary physical custody and guardianship of the minor children will pass to LEE C, HALL. Father will continue to have visitation rights as set forth in this Order. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~?4-- WITNESS ~()Ab.M... €. ~ ~Q,...,t GERALD E, GILBERT c.LL/ ~ WITNESS ~A~N^1xI~~T.~ :1 ~~_jJjjj- ~~Jr.;~t~l<>;;;l~W,,,,,,~,tL)',:"L _,"j,jr!t!!J.l",j;"''',*!t'li~..k.,,~m~~:IIL_-JU___ 'iil'l'~"" ~ (( ,Il.1!II! !!!IF . - .." ^'",~ -,- ,,,,. _00 .~~ii'Il~iW!i"l\lI'I~~.itmi!tb~ '. g ,.., ~. = = "'. "" :1 ....... :z: \JCQ 0 rnp! QJ- CQ ..0:: 4--c..L -om -7l"~~ I 66 03~ ~cj :::i-rt .,. :1:-.1 'j;; 0- ZO ::l!: 5.~ ~2 - - ~ ~ r. -.. 00 tLn V';jCVl - - ,.~^, -._~_. , i t I GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY MOTION TO MODIFY CUSTODY ORDER NOW COMES the Plaintiff, GERALD E. GILBERT, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is GERALD E. GILBERT, who currently reside at 3007 Walnut Street, Harrisburg, County of Dauphin, Pennsylvania. 2. That Defendant is LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, who currently resides at 40 Troy Circle, Enola, County of Cumberland, Pennsylvania. 3. That the parties are the natural parents of two minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994. 4. That on November 14, 2001, the Honorable Edward E. Guido entered an Order of Custody granting primary physical custody to Plaintiff and temporary physical custody to Defendant. A copy of said Order is attached hereto. 5. That the parties have reached an agreement concerning the issues of custody and visitation and desire that said Order of November 14, 2001, be vacated. 6. That the parties desire that the attached Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted, ~<-' " /. ,/ . CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion 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. 1- /.. DATE ': ' GERALD K GILBERT GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY STIPULATION AGREEMENT, made this 24th day of October, 2005, by and between GERALD E. GILBERT, hereinafter referred to as "Father;" and LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994; and WHEREAS, The Honorable Edward E. Guido entered an Order of Custody dated November 14, 2001; and WHEREAS, the parties desire that said Order be vacated; and WHEREAS, the parties have reached an agreement concerning the issues of custody and visitation and desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be IegaIIy bound, the parties hereby agree as foIIows: 1. That the Order of Court dated November 14, 2001, shall be and is hereby vacated. 2. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994. The parties agree that major decisions concerning the children, induding, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.c.S.A. 5309. 3. Defendant, LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, shall have primary physical custody of the subject minor children. 4. Plaintiff, GERALD E. GILBERT, shall be entitled to partial periods of physical custody, pursuant to the following schedule: a. Father shall be entitled to every other weekend from Saturday at 4:00 P.M. until Sunday at 8:30 P.M. If the Monday following Father's Custodial Weekend is a school holiday, then Father's visit shall continue through Monday at 4:30 P.M. If Mother provides twenty-four hours' notice to Father that she has previously made plans for a Saturday that is on Father's weekend, then Father shall undertake the responsibility to care for the children during the time on Saturday that Mother is unable to do so. Mother will not exercise this option more than five (5) times in a calendar year. b. Three weeks vacation during the summer months. A week shall be defined as seven (7) consecutive days. Father shall provide mother with at least thirty (30) days' notice of his intent to take these periods of temporary physical custody. 5. The parties agree to alternate the children's sick days from school with mother taking the first day and father having the second day, etc. 6. The parties agree to alternate the children's doctor visits. 7. When dad has temporary physical custody of the minor children, dad agrees to get the children to their regularly scheduled events, including, but not limited to, the children's soccer games. 8. The parties agree to alternate the following holidays in as equal a manner as possible: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New Year's Eve. The exact details shall be worked out between the parties. 9. Mother shall have physical custody of the minor children every year on Christmas Eve until Christmas Day at 7:00 P.M. Dad's custodial period shall begin on Christmas Day at 7:00 P.M. and end Christmas Day at 10:00 P.M., unless otherwise agreed by the parties. 10. Mother shall provide father with at least thirty (30) days' notice of her intent to take vacation with the minor children. 11. Both parties shall attend school functions, including, but not limited to, Parent-Teacher conferences, IEP meetings, and all other similar functions. 12. The parent not having physical custody of the minor children, shall be entitled to reasonable telephone contact with said children. 13. Neither parent shall involve the children in their personal disputes or disparage them from the other party. 14. Mother agrees to be the primary health insurance provider for the minor children, which medical, dental and vision insurance is currently carried by Capital Blue Cross. Father agrees to provide secondary health insurance coverage for the children. 15. In the event of Mother's death, primary physical custody and guardianship of the minor children will pass to LEE C. HALL. Father will continue to have visitation rights as set forth in this Order. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (~/(...; _/~~ . ..?~' .- WITNESS "'L C 'J r , :".' ~ '1.(" A--'-{ t.. .._. ..' ,. .;'.l '.. ~'" GERALD E. GILBERT _" A WITNESS '\, 1'1,,,. "\,,,\ LYNNEA ANN GILBERT -:} { L!-;\.-' o c- '-, r-' = c,::.., ..~f.l ~ -. i:ft;D :>:r-~1 C'j - 8 -cool:':' ,.- c~j I:::" ;:'~ ~~; .....:.:. -:'.:. .r:- e' ["" , i j r,,,, 0 " LUU) 'T::J"" '. JY". GERALD E. GILBERT, Plain tiff IN THE COURT OF COMM CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY AND NOW, this L/~ ORDER day of 1J~ , 2005, upon consideration of the within Motion and Stipulation, IT IS HEREBY ORDERED as follows: 1. That the Order of Court dated November 14, 2001, shall be and is hereby vacated. 2. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, SEAN MICHAEL GILBERT, born September 21,1991, and BRANDON LEE GILBERT, born August 17, 1994. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.c.S.A. 5309. 3. Defendant, LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, shall have primary physical custody of the subject minor children. 4. Plaintiff, GERALD E. GILBERT, shall be entitled to partial periods of physical custody, pursuant to the following schedule: a. Father shall be entitled to every other weekend from Saturday at 4:00 P.M. until Sunday at 8:30 P.M. If the Monday following Father's Custodial Weekend is a school holiday, then Father's visit shall continue through Monday at 4:30 P.M. If Mother provides twenty-four hours' notice to Father that she has previously made plans for a Saturday that is on Father's weekend, then Father shall undertake the responsibility to care for the children during the time on Saturday that Mother is unable to do so. Mother will not exercise this option more than five (5) times in a calendar year. b. Three weeks vacation during the summer months. A week shall be defined as seven (7) consecutive days. Father shall provide mother with at least thirty (30) days' notice of his intent to take these periods of temporary physical custody. 5. The parties agree to alternate the children's sick days from school with mother taking the first day and father having the second day, etc. 6. The parties agree to alternate the children's doctor visits. 7. When dad has temporary physical custody of the minor children, dad agrees to get the children to their regularly scheduled events, including, but not limited to, the children's soccer games. 8. The parties agree to alternate the following holidays in as equal a manner as possible: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New Year's Eve. The exact details shall be worked out between the parties. 9. Mother shall have physical custody of the minor children every year on Christmas Eve until Christmas Day at 7:00 P.M. Dad's custodial period shall begin on Christmas Day at 7:00 P.M. and end Christmas Day at 10:00 P.M., unless otherwise agreed by the parties. 10. Mother shall provide father with at least thirty (30) days' notice of her intent to take vacation with the minor children. 11. Both parties shall attend school functions, including, but not limited to, Parent-Teacher conferences, IEP meetings, and all other similar functions. 12. The parent not having physical custody of the minor children, shall be entitled to reasonable telephone contact with said children. 13. Neither parent shall involve the children in their personal disputes or disparage them from the other party. 14. Mother agrees to be the primary health insurance provider for the minor children, which medical, dental and vision insurance is currently carried by Capital Blue Cross. Father agrees to provide secondary health insurance coverage for the children. 15. In the event of Mother's death, primary physical custody and guardianship of the minor children will pass to LEE C. HALL. Father will continue to have visitation rights as set forth in thi ","-- "/,,. BYCCOURT: J. ~,o? \\,0 'Ifr'lj I Z:5 l'l-' i'tJ 11- /'011 e~(u'Z f\ ,',.JU AHI!.Ci\_' ..:\;~-;d 3Hl .:10 3JU.::C~-{l:::nl.~J GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY MOTION TO MODIFY CUSTODY ORDER NOW COMES the Plaintiff, GERALD E. GILBERT, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is GERALD E. GILBERT, who currently reside at 3007 Walnut Street, Harrisburg, County of Dauphin, Pennsylvania. 2. That Defendant is LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, who currently resides at 40 Troy Circle, Enola, County of Cumberland, Pennsylvania. 3. That the parties are the natural parents of two minor children, SEAN MICHAEL GILBERT, born September 21, 1991, and BRANDON LEE GILBERT, born August 17, 1994. 4. That on November 14,2001, the Honorable Edward E. Guido entered an Order of Custody granting primary physical custody to Plaintiff and temporary physical custody to Defendant. A copy of said Order is attached hereto. 5. That the parties have reached an agreement concerning the issues of custody and visitation and desire that said Order of November 14,2001, be vacated. 6. That the parties desire that the attached Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted, --....,/< ~,> ~ ,r- ,.--' <. CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion 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. I I., I , I DATE GERALD E. GILBERT ,- GERALD E. GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-3219 CIVIL ACTION LAW LYNNEA ANN GILBERT, Defendant IN CUSTODY STIPULATION AGREEMENT, made this 24th day of October, 2005, by and between GERALD E. GILBERT, hereinafter referred to as "Father;" and LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, SEAN MICHAEL GILBERT, born September 21,1991, and BRANDON LEE GILBERT, born August 17, 1994; and WHEREAS, The Honorable Edward E. Guido entered an Order of Custody dated November 14,2001; and WHEREAS, the parties desire that said Order be vacated; and WHEREAS, the parties have reached an agreement concerning the issues of custody and visitation and desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. That the Order of Court dated November 14, 2001, shall be and is hereby vacated. 2. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children, SEAN MICHAEL GILBERT, born September 21,1991, and BRANDON LEE GILBERT, born August 17, 1994. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. 5309. 3. Defendant, LYNNEA ANN GILBERT, now known as LYNNEA ANN HALL, shall have primary physical custody of the subject minor children. 4. Plaintiff, GERALD E. GILBERT, shall be entitled to partial periods of physical custody, pursuant to the following schedule: a. Father shall be entitled to every other weekend from Saturday at 4:00 P.M. until Sunday at 8:30 P.M. If the Monday following Father's Custodial Weekend is a school holiday, then Father's visit shall continue through Monday at 4:30 P.M. If Mother provides twenty-four hours' notice to Father that she has previously made plans for a Saturday that is on Father's weekend, then Father shall undertake the responsibility to care for the children during the time on Saturday that Mother is unable to do so. Mother will not exercise this option more than five (5) times in a calendar year. b. Three weeks vacation during the summer months. A week shall be defined as seven (7) consecutive days. Father shall provide mother with at least thirty (30) days' notice of his intent to take these periods of temporary physical custody. 5. The parties agree to alternate the children's sick days from school with mother taking the first day and father having the second day, etc. 6. The parties agree to alternate the children's doctor visits. 7. When dad has temporary physical custody of the minor children, dad agrees to get the children to their regularly scheduled events, including, but not limited to, the children's soccer games. 8. The parties agree to alternate the following holidays in as equal a manner as possible: Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and New Year's Eve. The exact details shall be worked out between the parties. 9. Mother shall have physical custody of the minor children every year on Christmas Eve until Christmas Day at 7:00 P.M. Dad's custodial period shall begin on Christmas Day at 7:00 P.M. and end Christmas Day at 10:00 P.M., unless otherwise agreed by the parties. 10. Mother shall provide father with at least thirty (30) days' notice of her intent to take vacation with the minor children. 11. Both parties shall attend school functions, including, but not limited to, Parent-Teacher conferences, IEP meetings, and all other similar functions. 12. The parent not having physical custody of the minor children, shall be entitled to reasonable telephone contact with said children. 13. Neither parent shall involve the children in their personal disputes or disparage them from the other party. 14. Mother agrees to be the primary health insurance provider for the minor children, which medical, dental and vision insurance is currently carried by Capital Blue Cross. Father agrees to provide secondary health insurance coverage for the children. 15. In the event of Mother's death, primary physical custody and guardianship of the minor children will pass to LEE C. HALL. Father will continue to have visitation rights as set forth in this Order. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ,.-" / / ' <--~;/.~ .//~- /~-> .,.:, i-,_,-<l ie' ..,:1,;.\...,( GERALD E. GILBERT WITNESS ! . ::..f ./;' WITNESS "\ "". (. ' \. LYNNEA AN'N GIL~E~T' ,\ (') C :':~' .....-:) \ ~ S!~~L:, {)> r: f~~J 'i;~',: ",:::'> 7C::: '-j" ::;:\ ~ .- .-' <==' c""' "Il -~ ....:.- o ",,- - Q -n ,-l :r: --" Pl?_'.~:: ::'j~ \-'--, '(~l_,:i_) -;:,-:; .," ~:~}':)\ ;::.>. -0.. '~:;::, .~ ~:': _._~ - - ."" C~