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Home My WebLink About97-00064 \ -J :l 't <;:j 11 > -.l :l Q'. '-9 \", .... \ t ~ -. . ~ I .~ ~ 1':1- I~ I ~ / I ,/ It' <:r- ~ .:+;. -:.:- -:+;. .:+:. .:.;. .:.:. ';t;. .:+:. .:.:- '0.:- .:+;. -:.:- .:.;. -:t;. .:.;. ,;t:- .:+:. ':.;. -:.:. -:+:. :. ':.;' .:.~. .:t:. .:v;. ':+:', .:~;: . ::..;. . ':!;~_~-:+:' ';4 ~ ,-~ ~ -, .. -.' , ~ ~.. - . , ' I fJ \, , ~ ~( . \ ~ ~; "I "~"I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY tv':t STATE OF ~~~~ PENNA. ~ .. ~ ~I '.' ~ ~ '.' s 'l'1I0MIIS G. GIIUL Plilintiff ;'\0. 97-fi4 Civi,l,.. II) ~ ~. \'('1':';11."; ~ PMlELII J. GIIUL, Defrncli1nt ~ ;i: '.' ~ ~ DECREE IN DIVORCE ~) ':'/ ~I .. ~ AND NOW, ..1091>e ':":?lau. S. .. '. 1974.., it is ordered and decreed that... .. . ' . 'l'.HOMIIS, .G, G.IIUL. , .. . . ' , , ... ...., . .. .. ". plaintiff, and. .... .. .. ... '.. .. .PIIM.ELII. J.,. GIIUI~, , " . . ., '. . . .. .. . ....., defendant, are divorced from the bonds of matrimony. ., ~ ~ '.' ~ '.' ~ ~ ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ~ ~ Nonr -- nll relntrd clnims hnve brrn settlrd. ~ ... '.......... ',.,.., .... .........., ~ . . , . . . . . . . . . . . . . . . , . . , . . . . , . . . . . . . . . . ?- ~ n, Th. 'LlL/2 oL/r ~ ~ " ~ ~ :;' ~ :;' - - - - .- , , . - -, - . - . , . :~;. .~:- .:.;. .:.:- -:t;. .:+:. -:.;. -:.;. ~ .~.*.~.~.~.,~.~.~..~.~.~.,~..~.*.~..~..~..~..*.~;..~~. w ., ~ ~ * ~ <, ~ <, " ~ ~ " ,', ~ $ ~ ',' ~ <, ~ ... v. '.' ~ I, ~ ~ '.' v. '.' ~ !~ IV. '.' ~ '.' ~ ~~ i~ I~ I':' ~~ , . I~ i'o' * . . ~ ;~ J. :~ * ~ e ~ ~ THOMAS G. GAUL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE PAMELA J. GAUL, Defendant NO. 97-64 civil PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: certified mail, restricted delivery, received on January 11, 1997; 3. Complete either (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by the Plaintiff on October 11, 1999; by the Defendant on October 11, 1999. (b) (1) Date of Execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: n/a (b)(2) Date of service of the Plaintiff's affidavit upon the Defendant: n/a 4. Related claims pending: All related matters have been settled pursuant to agreement of parties dated 8/21/99. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 330l(d)(1)(i) of the Divorce Code: n/a 6. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached if decree is to be entered under section 330l(c) of the Divorce Code: n/a OR, date of execution of Waiver of Notice of Intent: Plaintiff executed waiver on October ll, 1999; Defendant executed waiver on October 11, 1999; AND date of filing of Waiver: Plaintiff's waiver filed contemporaneously herewith. Defendant's waiver filed contemporaneously herewith. ( ...j '\ rJI7 ' I~'-L't\-,- '- \.,c' 1.1 e'''-'.~J) Attorhey for Plaintiff ~. i , , C' l.0 C1 C \'.1 11 '-:'> , ,: ") rl ,. I. -I \n I i"',) '..:i t ,J) ~ r.L) I ."':.' '-r, I . -., ", ...\'} : In\ ;~} =1 ',.'1 ~G -< ,J e, ~~ ~- ~ .... \" 0 r--- '-.. (r, u: '-- ~ ~. . .~ N :', - lJ,r' ,.., ~ rt :v: I.) :i <:::) ( ~,') L, 0.::::l ~: ,.. ::1:-:" f' >- ~ " \)- ~ \fJ 0.-,) '. ',:: ~ "Q. ......... 'I': I ,,- ~.. I"-' .... LL. ~. :':. ~ .~;;' iJ Vo I. .,- ~ I j u.. -, .- u I- ::J ~ ~~ ~ Co 0- U '- 0- '" ~ o 0< ~ ~~:!l:5 E-o:J~Z '" ~'" 5 ~ I.ol Olio,.J ()1l4~=>- ~ zuj~ o ~1.ol:Jz :tO~~~ :s ~~og ~b:tIJ:J ~oo"" ~~ ~ ~ Q , ' LA W OFF1Cf:,~ BRATIC & PORTKO \01 m'f'ICf: CENTER. sUln: A 101 SOllTII u.s. HOUTE If, JJ11.1.~BllRl1. PENNSYI.VANIA 17{}1!I ~~ ~~ ...... t=:"t:' EE THOMAS J. GAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE PAMELA J. GAUL, Defendant NO"f 7- a4 (J ~LlL-~ NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment. may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation with your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Fourth Floor Cumberland County Courthouse CarliSle, Pennsylvania 17013 (717) 240-6200 (717) 697-0371 ~ ( THOMAS J. GAUL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. CIVIL ACTION - LAW IN DIVORCE PAMELA J. GAUL, 97. IA.'f C'aJ ;;~ Defendant No. COMPLAINT COUNT I SECTION 3301(c) OF THE DIVORCE CODE OF 1960 1. Plaintiff is Thomas J. Gaul, an adult individual who currently resides at 233 W. Columbia Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Pamela J. Gaul, an adult individual who currently resides at 233 W. Columbia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 4, 1964. 5. There have been no prior actions for divorce or annulment between the parties hereto. 6. Plaintiff avers that Defendant is not in any branch of the Armed Services. 7. This action is not collusive. 6. The marriage is irretreivably broken. -1- VERIFICATION I, THOMAS J. GAUL hereby acknowledge that I am Plaintiff in the foregoing Divorce Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I ~/CJ(J ~~J.~ Thoma J. Gaul THOMAS G. GAUL, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW IN DIVORCE Plaintiff vs. P.'\MELA J. GAUL, Defendant NO. 97-64 Civil AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS: Stephen K. Portko, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Plaintiff in the above-entitled cause. On January lO, 1997, I caused to be transmitted, by regular mail and by certified mail, restricted delivery requiring a signed receipt, a copy of the Divorce Complaint filed in this action to the following: Pamela J. Gaul. A copy of the postal receipt is attached hereto as Exh. "A". 2. I further depose and say that I thereafter received from the Postmaster, a return receipt bearing the stamped "Date of delivery: "1-11-97" A copy of the official return receipt is attached hereto as Exhibit "B". -~,'C~lC~_L/ Stephen K. portko SWORN to and subscribed before me this J L. rl- day of o<'id".~ , 19.t:L. i' L ). ,,-......, \-1'''' II~'~ Notary Public t" . '1,~_., . Nolarial Seal Ronnella S Rldor, NOfary Public DIUshurg 80ro, York COlJnly My Commr:.!.lol1 Explroc; Fob 12.2001 Member. PennsylVdni. Assocllllon of NOlarles -. " " -. ., " 1;., jO r;c-. -r .', ~ ~'.}~ :':r-, " r1 , , ~) l:t , -. :n ~:J .' -<. -, ~ f , THOMAS J. GAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE vs. PAMELA J. GAUL, Defendant No. 97-64 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 6, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /IJ I If I q~ , Th~,J,1;J /~Cf -lflA - lolt RJ... Social Security No. r, '..:) n I' 1_;J Oil --, ., ) '-n -1 1:,- i"..') .r--:-1 0" ':1:' . ~ (J I' I ..,., -T. '-:J '~r) ~;., {jln ~i~ :11 ~, .' .... , t I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ~ , THOMAS J. GAUL, vs. CIVIL ACTION - LAW IN DIVORCE PAMELA J. GAUL, Defendant No. 97-64 WAIVER OF NOTICE OF INTENTION '1'0 REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:---1Qj Il/q0 Thom~~~~intiff (" ,t.' '.. ~ I.... .1 .., ., ", , .1 , ,-< - -, ;>-) i.~) ..~) ; (_l", .~, -,; .' ~ ?:'; .. :( -::.' (',)il1 .... ::.~ ._; :;1 -., .r, =< Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE THOMAS J. GAUL, vs. PAMELA J. GAUL, Defendant No. 97-64 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 6, 1997. t , , 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ( Date: k) I " / qq , () No. ~ ~ ~. (~ ".;"1 " , ...::. .\ ""l I ,-, n .., " " f".) ,-.., " C;. ;...; C' l,.!..) I - ~ ' l;j ..,.. L_,j } ~-'- .'- :~:~ ~ ':~ :J1 '". . 'J1 ,,' "< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. 97-64 THOMAS J. GAUL, Plaintiff vs. PAMELA J. GAUL, Defendant WAIVER OF NOTICE OF INTENTION TO nEQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODB 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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 falsificatio~ to authoritie~~ ( I) /1 ( / '-..d~0,. , /- Pamela J. G,UI'-3e Date: /0 (,ll '14 ( ( . \~) ,'-) , '..~' ',1 .r'. :-, ".J ., -., Or} ~, .., .:.) : :) :(:1 , :-. :r-l !(~ t r~ tJrn :.:\ '.11 ~tJ ~J ~. '-< tl\cuat\lconcl1r.ord .,~ ' I ~I 'j()91 ( )'" \., THOMAS J. GAUL, IN THE COURT OF COMMON PLEAS OF PLaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 97 - 64 CIVIL PAMELA J. GAUL, : CIVIL ACTION CUSTODY Defendant/Petitioner ORDER OF COURT AND NOW, this ~. I ;') , 1997, upon day of \-, '('~ .Jt~\ i\\- r r consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before l\H, \ '{Ie- \ l. \, r'o ..., . . \ \(\ I'"' \. \ ( ~n\"c)', '-_"'(\' , the Conciliator, at,(Y4:" "....)-\'. 1\(\'{\P m\ \ , PA on the \ S at -.S:\ '. ex) , A.M., for a day of )('1\\\ t: I r- ,,/ I Pre-Hearing Custody Conference. At such .~ , 199':;:;:', conference, an effort will be made to resolve the issues in dispute1 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, I' e' , Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 ~. , ~ " r " .." e j t .... , .1 1.7 "'" I, : ,: ::: 19 c... . i"' . :..::":1 ;/. 1'l4? ti~(. uPj;:" /Jf~J/ --j t171.s7iit..? 1) I. Vi .., -// /1' /1 ~ /I.A/tv /f1?'t.4!/ Ji /dl#>> /1'11f'~ t:11r,~~~1J-'4C1f ;(yu'r -~ tl\cuat\9au1.P.t\11a91 THOMAS J. GAUL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION CUSTODY PAMELA J. GAUL, Defendant/Petitioner NO. 97 - 64 CIVIL PETITION FOR CUSTODY 1. The Defendant/Petitioner is PAMELA J. GAUL, an adult individ- ual, residing at 424 Duke Street, Enola, Cumberland County, Pennsylva- nia 17025. 2. The Plaintiff/Respondent is THOMAS J. GAUL, an adult individ- ual, residing at 233 Columbia Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant/Petitioner seeks primary physical custody of ERIN RAE GAUL who resides at 233 Columbia Drive, Enola, Pennsylvania, 17025, is twelve (12) years of age having been born on November 12, 19851 and CHRISTOPHER DAVID GAUL who also resides at 233 Columbia Drive, Enola, PA 17025, is eight (8) years of age having been born on May 14, 19891 TYLER JOSHUA GAUL who also resides at 233 Columbia Drive, Enola, PA 17025, is six (6) years of age having been born on May 23, 19911 and JODIE LEAH GAUL who also resides at 233 Columbia Drive, Enola, PA 17025, is three (3) years of age having been born on March 29, 1994. The children were not born out of wedlock. -1- 1 ~ The children are presently in the custody of their father, the Plaintiff/Respondent above-named, Thomas J. Gaul, with the Defen- dant/Petitioner above-named enjoying restricted visitation rights. The Defendant/Petitioner seeks primary physical custody of the children, since she has finally moved out and found a job to support herself and the children. Defendant/Petitioner agrees to shared legal custody of the children and shared physical custody with the Plain- tiff/Respondent. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Thomas J. Gaul 233 Columbia Drive 2/1/97 - Enola, PA 17025 present Thomas J. and 233 Columbia Drive 7/96 - Pamela J. Gaul Enola, PA 17025 2/1/97 Thomas J. and 1904 Letchworth Drive 9/BB - Pamela J. Gaul Camp Hill, PA 17011 7/96 The mother of the children is the Defendant/Petitioner, Pamela J. Gaul, currently residing at 424 Duke street, Enola, PA 17025. She and the Plaintiff/Respondent are husband and wife. The father of the children is the Plaintiff/Respondent, Thomas J. Gaul, currently residing at 233 Columbia Drive, Enola, PA 17025. He is married to the Defendant/Petitioner. A divorce action was filed by the Plaintiff/Respondent on January 6, 1997. 4. The relationship of Defendant/Petitioner to the child is that of mother. The Defendant/Petitioner currently resides with the following persons: -2- RELATIONSHIP NAME Michael friend 5. The relationship of Plaintiff/Respondent to the children is that of father. The plaintiff/Respondent currently resides with the following persons: RELATIONSHIP NAME The children 6. Defendant/petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant/petitioner has no information of a custody proceed- ing concerning the children pending in a Court of this commonwealth. Defendant/petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: (al The children have resided with their mother since birth who has provided a continuous living relationship with the children1 (b) The mother is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with the children's father consistent with a schedule the parties have arranged between themselves. -3- i { ; ! ~ B. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Defendant/Petitioner respectfully requests that this court grant the Defendant/Petitioner both shared physical majority and shared legal custody of the children with the Plaintiff/Respondent. , STONE LaFAVER & STONE /1 ONE,,B IRE . . 160251 Bridge St eet, P.O. Box E ew Cumberland, PA 17070 Telephone: (717) 774-7435 Attorneys for Defendant/Petitioner -4- mi.\l-veriti.att , 1 i VERIFICATION PAMELA J. GAUL states that she is the I'Ot.! UOOOI' named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument1 that the same are true and correct to the best of her knowledge, information and belief1 and that this statement is made subject to the penalties of IB Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. ~(g,fi PAMELA J. Date: //-/'-/-9} 0 \!.' n r'. -.I '1' .~ .,! ; -q d].. : r' ~ i" - . l) (' .,. )(.1.) ~ ,. ,J I r" .' , ?:> r I ,. :,.") . in 1t !l:. 8 '. ~:.) , - ., , '. " ') :,..q ~ --J "; '-.l ... (;J -V oj -J Q u j + :/.J APR 09 199A TIIOMAS J. GAUL. ) IN TilE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA vs. ) ) NO. 97-64 CIVIL TERM PAMELA J, GAUL, ) Defendant ) CIVIL ACTION. CUSTODY AND NOW thisDl A -) day of r",.,J , 1998. it being reported to the ORDER Conciliator that the parties may have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator, Ifeither of the parties wishes further proceedings in this action, they should petition the Court anew, FOR TilE COURT, " Il{l{Ji7/( )z{..; iviiCHAEL L. DANGS Custody Conciliutor j' ec: Stephen K. Portko, Esquire Elizllbeth B, Stone, Esquire ~ i f , TIIOMAS J. GAUL. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. <)7.64 CIVIL TERM PAMELA J, GAUL, Defendant CIVIL ACTION - CUSTODY AND NOW, this OJU>EI~ -z..l...- day of :J~ '- , 1998, upon reeeipt of the Conciliator's Rcport, it appearing that the parties have agreed to the terms and provisions of this interim Order which was dictated in thcir presenee and approved hy them and their counsel, it is hereby ordered and directed as follows: I. The parties shall share legal eustody of their minor children, Erin Rae, d.o.b. November 12, 1985: Christopher David, d,o.b. May 14, J 989; Tyler Joshua, d.o.b. May 23, 1991: and Jodie Leah, d.o,b. March 29. 1994. 2, Father shall have primary physical custody of the minor children subject to periods of partial eustody and visitation with Mother as follows: A. Al a minimum, on an alternating weekend basis. The weekends to be agreed upon by the parties in aecordance with Mother's work schedule, The times of these periods of partial custody and visitation to be agreed upon by the parties as well. B. One over night during the week on the dates and times to be agreed upon by the parties. j ~ 3. Such other times as the parties may agree. 4. The children are in need of eounseling, The parties agree that they shall submit themselves and their minor ehildren to counseling with Stanley E. Schneider. Ed.D. Dr. Schneider is specifically empowered to try to help the children and the parents with working out an appropriate custodial arrangement. I I The parties shall submit the costs of this counseling to any insurance that may be applicable and then shall evenly share the costs that are not covered by insurance. 5. The partics shall rcconvene for another cllstody conciliation conference before Michael L. Bangs, Esquire. on Thursday, Ap~i12. 1998, at 10:00 a.m. BY THE COU/ / . ~/ 1. Stephen K. Portko. Esquire Elizabeth B. Stone. Esquire _ (~...~ 11~.Alqg. v ..Ii ..p, / mlb TlIOMAS J. GAUL. PlaintilT ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs, NO, 97-64 CIVIL TERM PAMELA J. GAUL, Defendant CIVIL ACTION - CUSTODY JUDGE PREVIOUSL Y ASSIGNED: None CUSTODY CONCILIATION CONFEI~ENCE SUMMARY REPORT IN ACCORDANCE WITlI CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Coneiliator submits the following report: 1. The pertinent information eoncerning the child(ren) who is(are) the subjeet of this litigation is as follows: NAME B1RTHDATE CURRENTLY IN CUSTODY OF Erin Rae Gaul Christopher David Gaul Tyler Joshua Gaul Jodie Leah Gaul November 12, 1985 May 14, 1989 May 23,1991 March 29. 1994 Plaintiff Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on January 15, 1998, and the following individuals were present: the PlaintifT and his attorney, Stephen K. Portko. Esquire; the Defendant appeared with her attorney, Elizabeth B. Stone. Esquire. 3. hems resolved by agreement: See attached Order. 4, Issues yet to be resolved: See attaehed Order. 5. The Plaintirrs position on custody is as follows: See aUaehed Order. 6. The Defendant's position on custody is as fil/Jows: See attached Order. 7, Need for separate counsel to represent child(ren): Neither party requested, 8. Need filr independent psychological evaluation or cnunseling: Sce attached Order. 9. Other matters or conllllents: The partics arc to reconvene lor another custody conciliation conference belore Michael!.. Bangs, Esquire, on Thursday, April 2, 1998, at 10:00 a,m. Date: January 19, 1998 /) Michae L. Bangs Custody Conciliator I/J.,/C;J)' C~d'{~(L C-'f'/ -10 U(.PI- ?J;}.I/QP - .Lbf,tL ,1/.:1 tlrc( --Ic.I /JIly 76rdko r /J.I f;; - C"'fY pbo. c ( I U IN 1"1 71~<-7J f? 0_ ~ [ ;tt , t-' '.() r; ';'.i .i -. .-'. .', 'n " " , :-: , Iii ....1 _ I ::~ ,1' , - I - l(JOlpJM jO lno woq IOU JJJM UJJPI!4J J41 '1>661 '6~ 4JmW uo woq UJJq 8u!^e4 Jllejo smJ,( (1)) Jnoj S! 'S~OL 1 Vd 'elou3 'JnuJ^V e!qwnloJ ISJh\ EE~ Ie SJp!SJJ oSle 04M lflVO HV31 maor pue : 1661 '(~ ,(ew uo woq UJJq 8u!^e4 J8e jO smJ,( (L) UJ^JS S! 'SWLl Vd 'elou3 'JnUMV elqwnloJ ISJh\ ((~ Ie SJp!SJJ OS Ie 04M lflVD VOIISor ~31Al pUll :6861'1>1 ,(ew uo woq UJJq 8uI^e4 J8e jO smJ,( (6) JUlu S! 'S~OL 1 V d 'elou3 'JnUJ^ V elqwnloJ ISJh\ ((~ Ie SJPISJJ OS Ie 04M lflVO alA va ~3Hd01SI~HJ pUll :S861 '~l JJqWJ^ON UO woq UJJq 8u!^e4 J8e jO smJ,( (~I) J^IJMl sl 'SWL 1 'eIUll^I,(sUUJd 'elou3 'JnUJ^ V elqwnloJ ISJh\ EE~ Ie SJp!SJJ 04M 10VO 3V11 NI~3jO ,(poISnJ \eJls,(4d PJJe4s sl(JJS IUUpUJjJa '( 'SWL IllIUU^I,(SUUJd ',(lunoJ PUllIJJqwnJ 'U\OU3 'JnuJ^V ll!qwnlOJ ISJh\ ((~ III !luIPISJJ 'Illnpl^!pu! Ilnpll Ull 'lflVO T SVWOHl s!lJ!IUIUld J41 .~ 'SWLIllIUll^I,(SUUJd ',(lunoJ puu(JJqwnJ '1llou3 'IJJJIS Jl(na al>~1> 11l8uIPlSJJ 'Illnpl^!pu! llnpe UlI 'lflVO'r V13WVd sl lUl1pUJpp J41 '1 lIamlO A001Sfl:> ~NUSlxa.m NOIJ.V:>IIIIOOW 1I0.!! NOHOW Aa01SflJ - NOIJ.JV llAIJ : y.rn3J. l1AI:) 1>9 - L6 'ON : lUl1pUJjJa 'lflVO 'r V13l^lVd AaOJ.SflJ - N0I1:)V l1AI:) : VINV A lASNN3d 'AJ.Nf1OJ aNVT~38Wfl:) : .m SV31d NOl^lWOJ JO l~flOJ 3Hl NI : '^ lJ!IU!llld 'lflVO 'r SVl^lOHl ~~a66l L l 90" NAME RELATIONSHIP Michael friend 5. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: NAME RELATIONSHIP the children 6. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth, Defendant does not know of a person not a party io the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: ( a) The children have resided with their mother since birth who has provided a continuous loving relationship with the children; ( b) The mother is able to provide a stable home and family type environment for the children allowing the children opportunity to spend equal time with each party on a weekly rotation; ( c) The mother has set up residence within easy walking distance (approximately four blocks) of the father's residence, which will enable the children to have unrestricted access to both homes and permit the children to maintain established relationships with neighborhood children. .3. j ~ ( d) All four children continually express the desire to spend equal time with their mother. " ( e) Father continually denies mother's and children's requests for additional visitation. (f) Father continually insists that children be supervised by father's sister or parents despite mother's desire and availability to provide care, and children's preference to be with their mother. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, defendant respectfully requests that this court grant the defendant both . i I , shared physical majority and shared legal custody of the children with the plaintiff. ( " Ld August 14, 1998 .4. ! , " THOMAS 1. GAUL, Plaintiff vs. ) ) ) ) ) ) ) IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-64 CIVIL TERM PAMELA 1. GAUL, Defendant CIVIL ACTION - CUSTODY AND NOW, this (mDlm "2.. L. day of~~ ....... , 1998, upon recclpt of thc Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this intt'rim t Jrder which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as l(llloIVs: I. The parties shall share Icgal custody of their minor chilJren, Erin Rae. J.o.b. November 12, 1985; Christopher David. d.o.b, May 14, 1989; Tyler Joshua, do.b. May 23, 1991; anJ Jodie Lcah. d.o.b. March 29, 1994. 2. Father shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Mother as follows: A. At a minimum. on an alternating weckend basis. fhe weekenJs to be agreed upon by the parties in accordance with Mother's work schedule. rhe times of these periods of partial custotly and visitation to be agreed upon by the parties as welt. n. One over night during the IVeek on the dates and times to be agreed upon by the parties. i , " 3. Such other times as the parties may agree. 4. The children arc in need of counseling. The parties agree that they shall submit themselves and their minor children to counseling with Stanley E. Schneider, Ed,D. Dr. Schneider is specifically empowered to try to help the children and the parents with working out un appropriate custodial arrangement. The parties shall submit the costs of this counseling to any insurance that may be applicable und then shull evenly shure the costs that arc not covered by insurance. 5. The parties shall reconvene Illr another custody conciliution conference belllre Michael L. Bungs, Esquire, on Thursday, April 2, 19911, at 10:00 ll,m. BY TilE COlJl/ / ~ J. Stephen K. l'ortko, Esquire Elizabeth B. Stone, Esquire _ c....~~... ",tALk...( II~AI 'iff. . 'J ..Il "P. / mlh mOMAS J. GAUL, Plaintiff vs. ) ) ) ) ) ) ) IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-64 CIVIL TERM PAMELA J. GAUL, Defendant CIVIL ACTION - CUSTODY JUDGE PREVIOUSL Y ASSIGNED: None CUSTOIJY CONCILIATION CONFERENCE SUMMARY REPOIU IN ACCORDANCE WITI( CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Coneilialor submits the following report: I. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BlIrrl IDATE CURRENTLY IN CUSTODY OF Erin Rae Gaul Christopher David Gaul Tyler Joshua Gaul Jodie Leah Gaul November 12, 1985 May 14. 1989 May 23,1991 March 29, 1994 Plaintill' Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on January 15. 1998, and the following individuals were present: the Plaintiff and his atlorney, Stephen K. Portko, Esquire; the Defendant appeared with her atlorney. Eli741beth B. Stone, Esquire, 3. Items resolved by agreement: See atlached Order. 4. Issues yet to be resolved: Sce attachcd Order, 5. The Plaintiffs position on custody is as lil110WS: See attached Order. t ( r.. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: See attached Order. 9. Other matters or comments: The parties arc to reconvene for another custody conciliation conference before Michael 1.. Bangs, Esquire, on Thursday, April 2, 1998, at 10:00 a.m. Date: January 19, 1998 r ( Miehae L. Bangs Custody Conciliator (/ '. . CERTIFICATE OF SERVICE I. Pamela J. Gaul, do certify that on this date 1 served a true and correct copy of the within instrument on the Defendant's counsel of record by first class mail, postage prepaid, addressed as follows: Stephen K. Portko, Esquire Bratic & Portko 101 South Route 15 Dil/sburg, PA 17019 1 further certify that on this date 1 served a true and correct copy of the within instrument on the Defendant. Thomas J. Gaul by certified mail, postage prepaid, addressed as follows: Thomas J. Gaul 233 West Columbia A venue Enola, PA 17025 August 14, 1998 I I .') I : , -~ I " , , i, d , , :~J , iI' , ::-) 'of H.J .... THOMAS 1. GAUL, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYL VANIA vs. ) ) NO. 97-64 CIVIL TERM PAMELA 1. GAUL, ) Defendant ) CIVIL ACTION - LA W ORDER ANDNOW,this~dayof G{)vt ~ 1998, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the tenns and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: I. The parties shall share legal custody of their minor children, Erin Rae, d.o.b, November 12,1985; Christopher David, d.o.b. May 14, 1989; Tyler Joshua, d.o.b. May 23, 1991; and Jodie Leah, d.o.b. March 29, 1994. 2. Father shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Mother as follows: A. On alternating weekends from Friday at which time Mother shall pick up the children when she gels off from work until Sunday at 7:30 p.m. B. On every Wednesday overnight such that Mother shall pick up the children when she gets ofT from work and shall return thclllthc next day to school or the appropriate day carc providcr, C. On Thursday evenings at such times when Mother gets off from work until 7:30 p,m. at which time Father shall pick the children up at Mother's residence. 3. In the event that there are other times that Father is unavailable in the evenings to take care of the children, he shall ensure that Mother is the first option to provide care for the children. Father shall try to give Mother as much advance notice as to when he needs her to have the children in her custodial care for these periods of time. 4. The parties shall alternate the major holidays, those holidays being defined as Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day. This alternating schedule shall alternate such that Father shall have Thanksgiving in 1998 and shall alternate thereafter. 5. The parties shall divide the Christmas holiday into two segments. Segment A shall be from Christmas Eve morning at 9:00 a.m. until Christmas Eve at 9:00 p.m. Segment B shall be from Christmas Eve at 9:00 p.m. until Christmas Day at 9:00 p.m. Father shall have Segment A in 1998 and all even years thereafter and Segment B in 1999 and all odd years thereafter. Mother shall have Segment A in 1999 and all odd years thereafter and Segment B in 1998 and all even years thereafter. 6. The parties shall alternate the New Year's holiday. This alternating schedule shall be trom when the respective party is off Irom work until the ~ ~ , 1 ~ j. r \, ;' /'1 r -~. '. , TIIOMAS J. GAUL. ) IN TIlE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY. ) PENNSYL VANIA vs. ) ) NO, 97-64 CIVIL TERM PAMELA J. GAUL, ) Delendant ) CIVIL ACTION - LA W JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME B1RTHDATE CURRENTLY IN CUSTODY OF Erin Rae Christopher David Tyler Joshua Jodie Leah November 12, 1985 May 14,1989 May 23.1991 March 29,1994 Plainlifl' Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on October I. 1998, and the following individuals were present: the Plaintiff and his attorney, Stephen K. Portko. Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: See ulluched Order. THOMAS J. GAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE No. 97-64 Civil PAMELA J. GAUL, Defendant PLAINTIFF'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either la) or Ib): L(a) _Ib) I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because [Check I i), I ii) or both] _ Ii) The parties to this action have not lived separate and apart for a period of at least two years. _Iii) The marriage is not irretrievably broken. 2. Check either (a) or Ib): _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony, division or property, lawyer's fees or expenses or other important rights. Xlb) I verify that the statements made in this counter- affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ;) !1l)9Cr ~'1/~~ ~f1JJ Plaintif : NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. 0 '.0 0 S '-0 '11 ..., ., -Ur-jl ~ T fI't; C"J 1;:.':1 %.::! ,hi :i." CT> '11:( (,", ;~r-' .:jO -::> 1.11 ;l~: c-' -- )~ ~{ , ~ :.5 "J~~. . "-l ::OJ r:- ." ~ -. U'\ . . . . . . .~ . ., .. ~ v~ %.~ ~~ \-:: J ~~ '~" ". ~';-~' ~}. ~~... ' ~i: 3 ".,'C' '~s-_( ;:.~ - - ,-<-,- ~ 1'<'. \D ~ .:I ~ N -.J.,r If C).I:' ~ x: (....>~ " 0.. '" .. n~' ~ .~ ~ \D :~ ' - .% ill m 1(;:;:- lLJ "'IJJ ~ !"qu.. l:s en d en ~ en o < ~ l:l:l (.;I 00- Eo< f-o-~ ~ ~~~ 120a!O~ t)~(.;Ia:1i] E ~ ~~z o (.;I_Z t)iI=(.;I ~ 0 tls": ...l t"' - 0 Cl ~.. a: ~..cn::> 00= ~-~ IX! ~ ...l Q 8:!l &;:!.l NN "'.. ...... r::r:: - - !:~ , , . ~ I.AU' (lFf'ICf:S BIlATIC & POIlTKO 11I1 OFFIl'E l'ENTEIl. SlJlTE ^ 101 SOUTH tIS. HO(lTfo: If, IHI.I.SBtlIW, PENNSYLVANIA J7111U , . .. ., _"- t,~ I~ ~.,_~~. ( i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. 64-97 Civil THOMAS J. GAUL, VB. PAMELA J. GAUL, Defendant PETITION FOR EQUITABLE DISTRIBUTION 1. Petitioner is Thomas J. Gaul, an adult individual I l. who currently resides at 233 W. Columbia Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent is Pamela J. Gaul, an adult individual who currently resides at 424-B South Duke Street, Enola, Cumberland County, Pennsylvania 17025. 3. Petitioner and Respondent were married on August 4, 1984. 4. Petitoner filed a divorce complaint in the above captioned matter on January 6, 1997. 4. Petitioner and Respondent have legally and beneficially acquired property, both real and personal, during their marriage from August 4, 1984, until the date of their separation, all of which property is "marital property". 5. Petioner and Respondent have been unable to agree as to an equitable division of said property to the date of -1- the filing of this petition. t ( , WHEREFORE, Petitioner requests the Court to equitably divide all marital property held by the parties including both real and personal property and any other property subject to equitable distribution under the Divorce Code. Respectfully submitted: Date: ~11~I~y I BRATIC & PORTKO By: ~~,'- k {U'l stephen K. portko, Esquire 101 South Route 15 Dillsburg, PA 17019 (717)432-9706 I,D. No. 34536 Attorney for Plaintiff -2- _', .""""7..~c.~.._;)f'.~....",.,;_..",..,~t-....",.,.. ~ . r \ VERIFICATION I, THOMAS J. GAUL hereby acknowledge that I am Plaintiff/Petitioner in the foregoing PETITION FOR EQUITABLE DISTRIBUTION, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. fJlvvv~~ g, ~~ Thomas IJ. Gaul '. . Date: ~ IlL /OjS ,