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Home My WebLink About97-01168 B. Father shall have the ehild on Tuesday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Wednesday morning at 6:30 a,m, at which time he shall return the child to Mother's residence, C, Father shall have the child on Thursday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Friday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. 4, Mother shall have the child at all other times, 5. The parties shall share the following holidays: Memorial Day, Fourth of July, Labor Day and Thanksgiving. Mother shall have Memorial Day and Labor Day in 2000 and all even years thereafter and Fourth of July and Thanksgiving in 200 I and all odd years thereafter. Father shall have Memorial Day and Labor Day in 200 I and all odd years thereafter and Fourth of July and Thanksgiving in 2000 and all even years thereafter. 6. Father shall always have the child for assembly weekend and shalt provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. 7. Mother shall always have Easter weekend, said weekend being defined from Saturday at 8:00 a.m. until Sunday at 4:30 p.m. C1 Co' \ ~, l ~ c - ,.' ~ ~ .- ... [Etr: . ~ I .'l~'. :.J \j 1 Zl~ I ..'-, ~ -, -, W ., . (J)z<>. .:' : I ).'&. ~...~ :L.,_ ~ "- ~c.;. -0 ( ~-- ~G :r. .2001 J ~ :l>O - l:>n, c .. ~~ ~ ~ \ z ::- ~ ~ Cl CN ~ "':c:-cC~" ;c':~>_ ~i; '~~': . Ic:, ',::<<, ,': ,-...' _" c ~ _"", u:-,,:'." " " _'_ ,', _ , ',_,__,_' Co_,:, _:, _ ,,' ',' '.~o,.' 'U H' '0, ",", -.... .. H, 0 :':, " :<, ',.}...., ;'; " ,,-, '- ,.; -~:-:. ,/' 0_ "'':,-:::. ',.' ,:,'.. , ','. ,,-;: . .. CO ';,.;.--.-:,.-'-;.,', ..-',..., ",,; '~~~0\~,~~~~ ,~ , ',:, ,o~_'o'::"'_'_'. 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"; ,:':.. ,J: ;' '. ~:1; :., '.;::, ,~, ".' fl~~'I'" .;" i'. ,,;;,' .." .,' . :,. : ',j 5;' c. "", ~"':. '" ':', " ,. ::,(,~~~ .::' " "', ';:::", , ". ,;' " ,': : './, '>:,:.;---, ". :"3;.:'~;~",;~:i:::,: )t:~.,:,,;, '...j'..: " ",' .,:,,'.:'J" ;':>;/',; t:;;1~~-- ::. '<S; '.'.,t,.:: ::. '..' '.' ,...;/:-.",.".."'.'.', ",. ."": ;',-:o:~ ,,,";.. ': ' ,'i'::. "':'>:;'J:','~;',:.':/;' .. "':,, ',' ' , " :'" .',. "", ,"', " , ",. ;', " ',; '. , ; .' ,-,{,:;" ,i," .'- ,..,.,: :":- : ,,; ", " :.;i ;" *, " ,,'f :< " .. .;~ ::" "',"; ,-' ";:,,c ',' <.;":,.,, , ,', ";: ,:"': 'c' , ..', , JENNIFER THOMAS (formerly Jennifer Gibbons). Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RUSSELL GIBBONS, Defendant NO. 97-1168 CIVIL TERM PETITION,IO_MODlf.Y AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify the last order entered in this matter, based upon the following: 1. The Petitioner herein is the Defendant, Russell Gibbons an adult individual who resides at 16 Fairfield Lane in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the original Plaintiff, Jennifer Thomas an adult individual who resides at Apartment 3H, 8 Dulles Drive in Camp Hill, Cumberland County, Pennsylvania. 3. The parties are formerly husband and wife and are the parents of one minor child, Shannon Rae Gibbons, age 12, born 27 August 1988. 4, For the majority of the child's life, she resided in the primary physical custody of Defendant. In March of 2000, in an effort to resolve some problems the parties were having. Defendant agreed to an arrangement of shared physical custody at a conciliation conference, The result of that conference was the order entered by this court on 23 March 2000, a copy of which is attached hereto and marked as Exhibit A. 5, The shared custody arrangement has not worked to the benefit of the child and Defendant believes it is in the best interest of the child that the custodial arrangements be changed so that he has primary physical custody of the said child. The reasons for such a change include: JENNIFER THOMAS (formerly Jcnnifer Gibbons), I'luinlilTlPctitioncr vs, ) ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 97-1168 CIVIL TERM RUSSELL GIBBONS, DefcndanllRespondent CIVIL ACTION - LAW OIUlIo:R AND NOW, this c:l3r:.sJ d"y nf 1!\l1r(' l . 2000, upon recommendation of the Conciliator, which was dictated in the presence of the parties and their cOllnsel, it is hereby ordered and directed as follows: I. All prior Orders entered in this case are V ACA TED. 2, The parties shall share legal cllstody of their minor child, Shannon Rae Gibbons, d.o.b. August 27, 1988. 3. Physical custody of the child shall be shared in accordance with the following schedule: A. Father shall have the child on alternating weekends from Friday al 6:00 p.m. at which lime he shall pick up the child at Mother's residence, until Monday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. This alternating weekend schedule shall commence on Friday, March 17.2000. B. Futher shull huvc thc child on Tucsday cvcnings at 6:00 p,m. at which timc hc shall pick up thc child lit Mothcr's residcncc, until Wcdncsday morning at 6:30 a.m. ut which timc he shull rcturn thc child to Mother's rcsidcncc. C. Father shall have thc child on Thursday cvenings at 6:00 p.m. at which time he shull pick up the child at Mother's residence, until Friday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. 4. Mother shall have the child at ull other times. 5. The parties shall shure the following holidays: Memorial Day, Fourth of July, Lubor Day and Thanksgiving. Mothcr shall havc Memorial Day and Labor Day in 2000 and all evcn ycars thercaftcr and Fourth of July and Thanksgiving in 200 I and all odd years thcreafter. Father shall have Memorial Day and Labor Day in 200 I and all odd ycars thereafter and Fourth of July and Thanksgiving in 2000 and all even years thereafter. 6. Fathcr shall always have the child for assembly weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. 7. Mother shall always have Easter weekcnd, said weekend being defined from Saturday at 8:00 a.Ill. until Sunday at 4:30 p,m, 8, Mother shall have the child every Christmas Eve at 6:00 p,m. until Christmas Day a( 6:00 p,m. Fathcr shall always have the child on New Year's Eve at 6:00 p,m, until New Year's Day at 6:00 p.m. 9. Each party shall be entitled to three (3) weeks ofllllinterrupted vacation with the child to be used throughout the year. Mother shall provide Father with written notice of the weeks in which she intends to exercise these periods of vacation no later than April I " of each year. Father shall provide Mother with written notice of the weeks in which he intends to exercise these periods of vacation no later than April 15'" of eaeh year. 10. Such other times as the parties may agree. BY THE COURT, />lId?",! riJ ~(F' Keirsten W. Davidson, Esquire Charles E, Petrie, Esquire mlb , 'I: .. !i.rld I IIPI( (l 9 2001tP JENNIFER THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 97-1168 RUSSELL GIBBONS, CIVIL ACTION - LAW CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this \d. day of April, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. d ~7J~umberland County Courthouse on the 31';t day of ~ ,2001, at l) clock .J;",.m., at which time testimony will be taken. For the purposes 'of this hearing on Contempt, the Mother, Jennifer Thomas, shall be deemed to be the moving party and shall proceed initially with testimony. For purposes of the Petition to Modify the present Custody Order, the Father, Russell Gibbons, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on Father's Petition to Modify and on Mother's Petition for Contempt, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated March 23, 2000, shall continue in effect. BYTHECO~~ '. Dis!: Keirsten W. Davidson, Esquira. 301 Mar1<et Street, Lemoyne. PA 17043 Samuel L. Andes, Esquire. 525 N. 12"' Street, Lemoyne. PA 17043 'I B. Futher shull huve the child on Tuesduy evenings ut 6:00 p.m, at which timc hc shall pick up the child ut Mother's residence, until Wednesday morning at 6:30 u.m. ut which time he shull return the child to Mother's residence. C . Father shall have the child on Thursday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Friday morning ut 6:30 a.m. at which time he shall return the child to Mother's residence. 4. Mother shull huve the child at all other times. 5. The parties shull share the following holidays: Memorial Day, Fourth of July, Labor Day und Thanksgiving. Mother shall have Memorial Day and Labor Day in 2000 and all even years therealier and Fourth of July and Thanksgiving in 200 I und all odd yeurs therealier. Father shall have Memorial Day and Labor Day in 200 I and all odd years therealier and Fourth of July and Thanksgiving in 2000 and all even years therealier. 6. Father shall always have the child for assembly weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. 7. Mother shull always have Easter weekend, said weekend being defined from Saturday at 8:00 u.m. until Sunday at 4:30 p.m. . '" I I JENNIFER THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 97-1168 RUSSELL GIBBONS, Defendant IN CUSTODY DEFENDANT'S PRE.TRIAL MEMORANDUM AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes. and files the following Pre-Trial Memorandum in accordance with this Court's Order of 12 April 2001 : 1. DEFENDANT'S PETITION TO MODIFY. Defendant seeks to modify custody because the child is not doing well in the mother's home. Throughout the majority of the child's life, the child resided in the primary custody of Defendant and only in the last several years did the parties move to the current arrangement. in which they share custody. As the child has grown older there have been conflicts within mother's family, particularly conflicts between the child and mother's new husband, all of which have made the child uncomfortable and unhappy. Defendant believes that he can provide a more stable and suitable home for the child and that the child will do better residing I with him and wishes to have primary physical custody for that reason. 2. PLAINTIFF'S PETITION FOR CONTEMPT. As Defendant understands Plaintiff's Petition, she seeks to have Defendant held in contempt because he did not return the child to mother's custody on one of her weekends. Early in the weekend, while the I I mother was out of her home at work. a dispute arose between the child and the I Plaintiff's husband and Plaintiff's husband ordered the child out of the house. The child I ii contacted Defendant who drove to the house and picked up the child. Late that night. I when Plaintiff returned from her work. she demanded that the child be retumed to her I I ...-c....:..b~<""<"'~~~~-'>...--' " p I: I , I custody. Because the child was upset by the events and because he believed returning the child to that home would only complicate the problem and further upset the child. Defendant kept the child for the balance of the weekend. Defendant did not defy the I Court's Order, but acted in the best interest of the child under the unusual circumstances I that existed at that time. I 3. WITNESSES. In addition to himself. Defendant intends to call the following persons to testify: A. His wife, Karen R. Gibbons. who will testify about Defendant's relationship with the child. Defendant's fitness to have primary custody of the child. and circumstances surrounding Defendant's home and his care of the child. She will also testify about some of the problems which have arisen recently between the child and members of Plaintiff's family. B. Defendant's parents. Judy Clugh and Curve Clugh. who reside at RD 1, Box 321 A. Dillsburg, Pennsylvania 17019. Mr. and Mrs. Clugh. or one of them, will testify generaily about Defendant's fitness to care for the child, the child's relationship with Defendant. and the circumstances at Defendant's home. Defendant also anticipates that the court will speak to the child privately about matters in the case in an effort to determine if the child has a preference and also to explore the I problems that exist between the child and members of the Plaintiff's household. Respectfuily Submitted, ~'-~~\)-O~ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne. Pa 17043 (717) 761-5361 Date: 22 May 2001 Jpnnifpr Gihhons. Pll1intiff IN THF r.nl1RT OF r.m.lMnN PI FAS OF v. r.IIMRFRI ANn r.nIlNTY. PFNNSYIVANIA NO. 97 -1I1.?r.IVII TFRM RlJsspll Gihhon". n"fpndllnt r.IIST0ny PRAFCIPF TO PROCFFD IN FnRMA PMJPFRIS To thp. Prothonotllry: Kindly 1I110w .I"nnif",' Glhhono;. pll1intiff. to pror.ped.iD. formA nAIJopr i '"'. I. .loRn r.Arpy, attorney for th.. party prorppding in formA [1alJnpt'i". cprtify thAt I hplipvp thp pllrty ;<; 'lOahlp to PRY thp r.o"ts lInd thllt I 11m providinu frp.. lpgal o;..,vie"o; to the party. Th" party'o; affidilvit o;howing in'lhility to PilY th" cost" of lit 19i1t ion 10; Rttllr.hprt hprpto. ) ~ { ~e- . Joan r.ilrpv. Att -"FGAI SERVICFS. A Irvin.. Row Cilrlisle. PA 17013 (7t7) 243-9400 for Plaintiff f' I I I I .Jl'nni fRr Gihhnl].'i.. Plnintiff ~_,ll:!. THF GntJRT nF r.nMMON PI FAS OF y.~, CIIMRFRI ANn COIJNTY. PFNNSYI VANI A NO. 97 -1/ .' CIVil TFRM R'H;SR I I G i hhnns,., Dl'fRndllnt CIJSTOny AFFIDAVIT IN ~JPPORT OF PFTITION FOR I FAVF _TO P~CUD.-l}L. FOFMA PAIJPFRIS 1. I am thR plaint iff In till' ahov.. matt..r iltHI hpr:lIUSP of my financiAl r.nnrlition ilm 'lnAhlp tn p"y th.. f..p.o; and r.ost" of pro"pcuting. rtefpnding. or apr"'l1 ing th.. 'lr.tion or rror.PRdlng. 2. I ilm 'Jnahlp. to oht'lln funds from 'lnyone. Inr.ludlng my fAmily and 'lssociates. to PilY thp. costs of lltig'ltion. 3. I rRrresent thilt the informat ion b..low relat Ing to my inAhility to p'lY IhR fpp" ilnd cosls is true and corrp.ct. a) NAmA: JAnnifAr Gibbons AddrAss: 42 Slephpn Road Arl. ~F Camp Hill. PA social Security NlJmb...r: ~q4-2fi-730A b) If you arA prpsAntly pmpl0YAd, statp EmploYAr: N/A Addrpss: Sa1ary/wagAs ppr month: Typp of 1'101'.': If you ar.. prpspntly unemployed. state Oat A of 1 ast emr1 oympnt : 12/20/96 Salary/w'lgps rAr month: $407.00 TYPA of wor~' Waitress c) Other incomp within the past twelve months BlJsines,,/profp.ssion: No Other self-AmploymAnt: No InterAst: No nivid..nds: No Ppnsion and a,,,,,,ities: No SOCiAl s..curlty bAnAfits: No support paymp.nts: No Disahility paymAnts: No IJnpmploym..nt comp..nsAtion and "lJpplemental bp'lPfits' No Wor~pr's Gomp..nsHtiono No PlIhli,' As<;istanrp' $142.00 rot h..,: Food st amrs' $900.00 d) nth...t' cnnt I ihld i(ll1~ tn hnuc,phnlrl 5upport ~ '\ .....$-,,\ c.. -, \ ~- J:. ~ - '-- -2 ;;;, ~. '~~ :> r'~ " ~. " ~ i ( I .~) ,;;1 "~I COO ", "- .. \ t \ " (...;....1 < , " IAN M. WII,F.Y " A551)(;IATF.S ","0I1"1r.n At lAW J l"Il:W nll:nL PU,Lqtrll:", rA ntl. .' , Mother's Day from 8:00 a. m. through 5:00 p. m., and Mr. Gibbons shall have partial custody of the child on Father's Day from 8:00 a. m. through 5:00 p. m. 3. The parties also agree that Ms. Gibbons' name is to be listed as a contact person on the child's records at school as well as at daycare. Mr. Gibons at all times agrees to keep Ms. Gibbons informed of Shannon's progress at school and the times for any conferences at school. 4. The parties also agree to keep each other informed concerning the childs health, as well as any medical decisions that would arise. 5. Mr. Gibbons shall at all times keep Ms. Gibbons informed with respect to the welfare of the child, and particularly as to the educational, health and disciplinary matters of a substantial nature. 6. Mr. Gibbons shall at all times keep Ms. Gibbons informed of any serious illnesses or medical needs of the child. 7. It shall at all times be the objective of both parties to decide all questions affecting the child in such a manner as to promote the welfare, happiness and well-being of the child. By the .';) 11 q ( f: ., Y cer1ify that Vle foregoi~ 1& · ~ ,on.,' ""1\ olll'" ong,nal 'lri.riJ .:t~,~Ov'r1/lI.AJ ,C h~ Jooge I. "....,..._"'-""'''''''-,.....,.--~ Jennifer Gibbons, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1168 CIVIL TERM : CUSTODY Russell Gibbons, Defendant PETITION FOR SPECIAL RELIEF AND CONTEMPT The petitioner Jennifer Gibbons, by and through her attorney, Joan Carey of Legal Services, Inc., represents the following: 1. The plaintiff, Jennifer Gibbons, hereinafter referred to as the mother, resides at 42 stephen Road Apartment 5F, Camp Hill, Cumberland County, Pennsylvania. 2. The defendant, Russell Gibbons, hereinafter referred to as the father, resides at 147 West Vine Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents of Shannon Rae Gibbon, hereinafter referred to as the child, born August 31, 1988. The child has resided in Cumberland County since approximately 1994. 4. On or about October 23, 1993, after a hearing in the Dauphin County Court of Common Pleas, the Court entered an order granting the father legal custody and primary physical custody and the mother partial physical custody including every other weekend from Saturday morning until Sunday evening, one day during the week, alternate holidays, and every day during the week in the summer from morning until evening. See attached Exhibit A incorporated by reference. 5. A Complaint of Custody requesting the court to modify the Order of October 23, 1993, and to grant the mother primary physical custody and shared legal custody was filed in the above- captioned matter by Jennifer Gibbons, end a conciliation conference will be scheduled. The plaintiff asks that the court consider the petition for contempt at the time of her request for modification of custody or at a hearing if the court deems appropriate. 6. Since on or about December 24, 1996, the father has willfully disobeyed the Order by denying the mother her periods of partial physical custody in ways including the following: a. Consistently refusing to allow the mother contact with the child pursuant to the custody order in spite of the mother's attempts to get the child for her court-ordered weekends, weekdays and the Christmas holiday. b. Repeatedly refusing to allow the mother phone contact with the child by hanging up on her when she calls and in or about early March of 1997, changing his phone number. c. Attempting, on or about March 10, 1997, to remove the child from school early to prevent the mother from picking the child up after school and exercising her period of custody. d. Taking the child away from the mother, on or about December 24, 199~, during her period of custody because the child was visiting with her paternal grandmother for a few hours during the holiday and refusing to JAN M. IVII,EY A AS.~()CIAT&'I "nf)t(r.p:n A' lAW I flARW nlC1.f. 011 UltTlf:. rA. ."" Mother's Day trom 8:00 a. m. through 5:00 p. m., and Mr. Gibbons shall have partial custody of the child on Father's Day from 8:00 a. m. through 5:00 p. m. 3. The parties also agree that Ms. Gibbons' name is to be listed as a contact person on the child's records at school as well as at daycare. Mr. Gibons at all times agrees to keep Ms. Gibbons intormed ot Shannon's progress at school and the times for any conferences at school. 4. The parties also agree to keep each other informed concerning the childs health, as well as any medical decisions that would arise. 5. Mr. Gibbons shall at all times keep Ms. Gibbons informed with respect to the welfare of the child, and particularly as to the educational, health and disciplinary matters of a substantial nature. 6. Mr. Gibbons shall at all times keep Ms. Gibbons informed of any serious illnesses or medical needs of the child. 7. It shall at all times be the objective of both parties to decide all questions affecting the child in such a manner as to promote the welfare, happiness and well-being of the child. By the ,;) 11 C, ( t: ., Y car1ify that one for9Qoi~ 15 · ~nd correct ~Of tile onglOsl J. ri. Ii) ..:~~_B(AJr..I /lI.AJ ,Ll1~ Jlrlge ,- " " -. ., r' " ) , ) , I 1 . 0<' 1 " County, Pennsylvania. She is married. The father of the child is Russell Gibbons, currently residing at 147 West Vine Street, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Carl Alonzo Thomas Husband Emily Thomas Daughter Ashley Thomas Daughter The plaintiff currently is residing at 42 Stephen Road Apartment 5F, Camp Hill, Pennsylvania. 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Karen Renee Gibbons Wife Shannon Rae Gibbons Daughter 6. The plaintiff has participated as a party in litigation concerning the custody of the child in the Dauphin county Court of Common Pleas No. 5200 S 1992, where a court order was entered on October 23, 1993. See attached Exhibit A incorporated by reference. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The plaintiff is the parent who can best facilitate contact between the child and her parents. b. The plaintiff can best provide for the child's needs including a stable environment. c. The plaintiff is the parent who will best cooperate with Children and Youth Services, who have an open Protective Services case regarding the child, and who made recommendations including that the child be involved in rape crisis counseling and general therapy sessions; to date the father has not arranged for the counseling sessions and has refused to do so. 9. The defendant has not acted in the child's best interest for reasons including the following: a. The defendant has denied contact between the plaintiff and the child for two months in violation of the Custody Order and despite several attempts by the plaintiff to enforce the Custody Order. b. The defendant has denied the child contact with her half-siblings who reside with the plaintiff. c. In the fall of 1996, the defendant left the child unsupervised exposing her to danger. d. The father has refused to cooperate with Children and Youth Services in arranging counseling sessions recommended by the agency through the Protective Services plan. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the Q d. Mr. Gibbons shall have custody of Shannon on her birthday, which is August 27. Ms. Gibbons shall receive one additional day as near as possible to that day to / accommodate the celebration of the birthday. e. Beginning on September 18, 1993 and throughout the term of this order, the parties shall receive alternating holidays from 9:30 a. m. through 7:00 p. m. This shall include Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day. Thie schedule shall begin with Ms. Gibbons having the child on Thanksgiving Holiday in 1993. Ms. Gibbons shall provide transportation for pick up and drop off on all her holidays with the child. f. The Christmas holiday shall be divided as fullows: Mr. Gibbons shall have the child on Christmas Eve Christmas day until 1:00 p. m. Ms. Gibbons shall the child from 1:00 p. m. on Christmas Day through p. m. on December 26, for 1993. This schedule sha 1 alternate between the parties each year. JAN M, WILF.f A ASS0l1ATt:~ ""DlNn.. AT lAW la"'tlJJflRUr. 1"11.~1II"IIlI;.'A '78,t 2. overriding other custody arrangements provided for in thi order, Ms. Gibbons shall have partial custody of the child 0 '. JAN M, WII,r.y a A!l.qlK:IATF..'l AtlOINU" "1 lAw 1 IARW nans. nnUltrJtf;,'" '"'' Mother's Day from 8100 a. m. through 5:00 p. m., and Mr. Gibbons shall have partial custody of the child on Father's Day from 8:00 a. m. through 5:00 p. m. 3. The parties also agree that Ms. Gibbons' name is to be listed as a contact person on the child's records at school as well as at daycare. Mr. Gibons at all times agrees to keep Ms. Gibbons informed of Shannon's progress at school and the times for any conferences at school. .,. 4. The parties also agree to keep each other informed concerning the childs health, as well as any medical decisions that would arise. 5. Mr. Gibbons shall at all times keep Ms. Gibbons informed with respect to the welfare of the child, and particularly as to the educational, health and disciplinary matters of a substantial nature. 6. Mr. Gibbons shall at all times keep Ms. Gibbons informed of any serious illnesses or medical needs of the child. 7. It shall at all times be the objective of both parties to decide all questions affecting the child in such a manner as to promote the welfare, happiness and well-being of the child. By the J 11 q ( ~ Y cer\ify that V1e foregoi~ 15 · and correct of tile on91081 JlXlge '~'1 ' , " , .( '--.- -- ,(; Ii nolery" ,- ...~ ,r :~ C. .. ,"~ .~ \ ^ ..'..... .-:,> t".~ ~.. / '1;,.1 ):~ J"; .1.. ". .' '" ';.,)" ...: .' . . 0\' \<, ", ~ (#'\:>' '.. ............, ," .., <. .,\ .. "'\' t' ,; . , . l' , , " , , , . (1 fit :.:"i ..- :;.J 1...:- -, ". ('\~ "- . . ,'."',' ' .,..' '. . ;'!',"',', ;',n: ,.".'...', '."~:......".. .,..".. ,.., ,,' "'i~lii ,;c#>o . ~i ,. ",. .... " . - - .~.. . ,': 'iil 7(;. i\ . p ;j![ie""' .'i .'," .'G:; ... ~ ,- --.' """,'(0-. 'c;1a'""'!:'''''".,.,~~....,.~ ',~~ 'J "_u:\ ':c' ..;.' ., .~~"~ i'z'JJ. .....!I~ ?g[~' ,". . - ,_. .,'C ".' '.' .. ,.:." "'., , : ;.t~~'~~ . , ..,' , ' :..,. , ,;' ' ,..,., '" '''', . ~. . '," ' . " d .;7 fii ...... ..~, "" ~- .,C .' . ;~ .. m' '~,.' .....-" ," >- ',"" '""'. '..., " ' L;~ ~ {.,'.. ' " alternating weekend schedule shall begin on Saturday, April 26,1997. D. Father shall have the child at all other times. E. The parties shall transportation for these periods of custody such that each party shall drop off the child at the end of their custodial time. Both parties further agree that the child will be dropped off at a residence where an adult is present. 4. The parties shall share the following holidays: Memorial Day, Fourth of July, Labor Day, and Thanksgiving. Father shall have Memorial Day and Labor Day in 1997, and all odd,numbered years thereafter, and the Fourth of July and Thanksgiving in 1998 and all even,numbered years thereafter. Mother shall have Memorial Day and Labor Day in 1998 and all even,numbered years thereafter, and Fourth of July and Thanksgiving in 1997 and all odd-numbered years thereafter. 5. Father shall always have the child for Assembly Weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. Mother shall always have Easter weekend, said weekend being defined from Saturday at 8:00 a.m. until Sunday at 4:30 p.m. A, The parties current Custody Order provides in Paragraph 3(E) that the parties shall share transportation such that each party shall drop off the child at the end of their custodial time, However. since the inception of their Custody Order in May of 1997, neither party has followed that transportation schedule, Rather, the parties agreed that FATHER would do all of the transportation, primarily because his wife (Stepmother) did not want MOTHER at their home, Therefore. FATHER would regularly pick the child up at MOTHER's home at the commencement of his custodial period. and then drop her off at MOTHER's home at the conclusion of his custodial period. For the past approximately two months, the parties agreed that MOTHER would deliver the child to FATHER at his place of employment at the commencement of FATHER's custodial period, FATHER would then return the child to MOTHER at MOTHER's home at the conclusion of his custodial period, On Tuesday. January 11, 2000, FATHER telephoned MOTHER and ordered that MOTHER deliver the child to FATHER's home in Carlisle per the Custody Order dated May 5. 1997, MOTHER refused and reminded FATHER of their arrangement regarding transportation that had been in effect for several years, MOTHER did however offer to bring the child to FATHER's place of employment. as she had been doing for the past several months, When MOTHER arrived at FATHER's employment. FATHER had already left. and had not advised MOTHER that he would not be there for the drop off, FATHER has failed to exercise any custodial periods since January 11, 2000, MOTHER has made the child available on each of FATHER's scheduled custodial times. however FATHER has failed to exercise any of them. B. Under the current Order. the child spends all weekdays with MOTHER and Tuesday through Friday evenings with FATHER, and the parties alternate custodial weekends. At the time the current Order was entered the parties lived very near to each other in Camp Hill, however FATHER has since moved to Carlisle. Therefore under the current Order the child must wake up extremely early on most school days in order to travel from FATHER's home in Carlisle to MOTHER's home in Camp Hill where she attends school, This schedule has been exhaustive on the child, C, The child and FATHER's wife (Stepmother) have a very volatile relationship, Stepmother repeatedly berates the child, swears at her, and verbally abuses her. Stepmother does this both in and out of the child's presence, and FATHER takes little or no action to control Stepmother's behavior, 0, FATHER himself verbally abuses the child and continuously threatens that she will "go to hell" if she does not attend the Jehovahs Witness meetings, E. FATHER and Stepmother have physically assaulted the child on several occasions in the past. necessitating the involvement of Children & Youth, F, FATHER refuses to allow the child to complete homework assignments while at his house. G. MOTHER and her husband (Stepfather) have provided the sole source of financial support for the child for the past several years. H. The child has two half-sisters who reside with MOTHER, and with whom she enjoys a sibling relationship, I. The child has repeatedly expressed a desire to live with MOTHER on a primary basis. J. MOTHER has the time and energy to devote to the child, and believes It would be in her daughter's best interest for the current Custody Order to be modified so that the child would reside with MOTHER on a primary basis. subject to liberal periOds of partial custody to FATHER. WHEREFORE, MOTHER respectfully requests that a modification to the parties' May 5, 1997 Custody Order be entered. MOTHER's proposed schedule reads as follows: FATHER shall have partial custody of the child on alternating weekends from Friday at 6:00 p,m, until Sunday at 6:00 p,m. FATHER shall have partial custody of the child each " . r JENNIFER GIBBONS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. RUSSELL GIBBONS, Defendant NO. 97,1168 CIVIL TERM CIVIL ACTION, LAW CUSTODY ORDE.B AND NOW, this !r ~ day of '7Y\~ , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. All prior Orders entered in tris case relative to the custody of the minor child are vacated. 2. The parties shall share legal custody of their minor child, Shannon Rae Morrow, d.o.b. August 27,'1988. 3. Physical custody of the child shall be shared in accordance with the following schedule: A. Mother shall have the child every Monday from 6:30 a.m. until Tuesday evening llt 5:50 p.m. B. Mother shall have the child every Wednesday, Thursday, and Friday from 6:30 a.m. until 5:50 p.m. C. Mother shall have the child on alternating weekends I J I I from Saturday at 8:00 a,m. until Sunday at 4:30 p.m. This alternating weekend schedule shall begin on Saturday, April 26, 1997. D. Father shall have the child at all other times. E. The parties shall transportation for these periods of custody such that each party shall drop off the child at the end of their custodial time. Both parties further agree that the child will be dropped off at a residence where an adult is present. 4. The parties shall share the, !ollowing holidays: Memorial Day, Fourth of July, Labor Day, and Thanksgiving. Father shall have Memorial Day and Labor Day in 1997, and all odd-numbered years thereafter, and the Fourth of July and Thanksgiving in 1998 and all even,numbered years thereafter. Mother shall have Memorial Day and Labor Day in 1998 and all even,numbered years thereafter, and Fourth of July and Thanksgiving in 1997 and all odd,numbered years . thereafter. 5. Father shall always have the child for Assembly Weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (301 days in advance. Mother shall always have Easter weekend, said weekend being defined from Saturday at 8:00 a.m. until Sunday at 4:30 p.m. t t . 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. Date: April 28, 1997 ~I III ltii II tL L, mlf.t!tO- ~ngs r Custody Conciliator ; .' : .. . , ... ,. ;-' . . . , , 'oJ . '" ".-....--. '---'-'- () r.> ':) ~;:. C;:. 'n , -0 , ~ (1'-;: :,.~ "-> - " c::. -. , ~-;"- .~, 'l'~ _ : .'c , -.( .' l , ,f1 ;"C ~; ;..? ~:~ :.2 :., , --.I :'< B. Father shall have the child on Tuesday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Wednesday morning at 6:30 a,m. at which time he shall return the child to Mother's residence. C, Father shall have the child on Thursday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Friday morning at 6:30 a,m. at which time he shall return the child to Mother's residence, 4. Mother shall have the child at all other times, 5, The parties shall share the following holidays: Memorial Day, Fourth of July, Labor Day and Thanksgiving, Mother shall have Memorial Day and Labor Day in 2000 and all even years thereafter and Fourth of July and Thanksgiving in 2001 and all odd years thereafter. Father shall have Memorial Day and Labor Day in 2001 and all odd years thereafter and Fourth of July and Thanksgiving in 2000 and all even years thereafter, 6, Father shall always have the child for assembly weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. 7. Mother shall always have Easter weekend, said weekend being defmed from Saturday at 8:00 a,m, until Sunday at 4:30 p,m. alternating waekend schedule shall begin on Saturday, April 26,1997. D. Father shall have the child at all other times. E. The parties shall transportation for these periods of custody such that each party shall drop off the child at the end of their custodial time. Both parties further agree that the child will be dropped off at a residence where an adult is present. 4. The parties shall share the following holidays: Memorial , - Day, Fourth of July, Labor Day, and Thanksgiving. Father shall have Memorial Day and Labor Day in 1997, and all odd,numbered years thereafter, and the Fourth of July and Thanksgiving in 1998 and all even'numbered years thereafter. Mother shall have Memorial Day and Labor Day in 1998 and all even-numbered years thereafter, and Fourth of July and Thanksgiving in 1997 and all odd,numbered years thereafter. 5. Father shall always have the child for Assembly Weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. Mother shall always have Easter weekend, said weekend being defined from Saturday at 8:00 a.m. until Sunday at 4:30 p.m. . .>'. " .' 6. Mother shall always have the child on Christmas and Father shall always have the child on New Year's Day. These periods of partial custody shall be from 8:00 a.m. until 4:30 p.m. 7. Each party shall be entitled to two weeks of uninterrupted vacation with the child. Mother shall provide Father with written notice of the weeks in which she intends to exercise these periods of vacation no later than April 1 st of each year, and Father shall provide Mother with written notice of the weeks in which he intends to exercise these periods of vacation no later than April 15th of each year. 8. The parties agree that the child shall be engaged in counseling with Children and Family Services of Carlisle or any other agreed upon counseling center or service. These counseling sessions should be started immediately and shall continue until a counselor indicates in writing that it is no longer needed. 9. Such other times as the parties may agree. BY THE COURT, /.s/~.._ ct . ~ J GEORGE E. HOFFER, J. Joan Carey, Esquire Charles E. Petrie, Esquire mlb TRUE COpy FROM RECORD In T.;s1,01 ' ' 'h'r(of, I h~rt unto set my hand and the sual 01 s~:d Courl al Carlisle, Pa. This ......,,~. day of..~A" ...., 19.:1..1 \ 1-.:, ~., .,...,..""'it. "'111'1""~II~"'Q.,..,.Jf'~........ ol::l~ .Pralhonotlry, . .. 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 Ordar. Date: April 28, 1997 ~'lll u IUU!. l. bl/lPiO- ~. Bangs ---u- Custody Conciliator 't .' .\ .. " ;,r'" . - . . 'r.) . Motne~'s Day from 8:00 a. m. through 5:00 p. m., and Mr. Gib~ons shall have partial custody of the child on Father's Day from n:OO a. m. through 5:00 p. m. 3. The parties also agree that Ms. Gibbons' name is to be listed as a contact person on the child's records at school as \le11 as at daycare. Mr. Gibons at all times agrees to keep Ms. Gib~ons informed of Shannon's progress at school and the times for any conferences at school. 4. The parties also agree to keep each other informed concerning the childs health, as well as any medical decisions that would arise. 5. Mr. Gibbons shall at all times keep Ms. Gibbons informed with respect to the welfare of the child, and particularly a$ to the educational, health and disciplinary matters of a substantial nature. 6. Mr. Gibbons shall at all times keep Ms. Gibbons infOI"med of any serious illnesses or medical needs of the child. 7. It shall at all times be the objective of both partie~ to decide all questions affecting the child in such a manner a~: to of the child. I h tru JAN M. WILEY fI .. ASSOCIA Tt:.~ AnUMI"lU'!i Ar lAW I I"MW a.l'Ll; uaU-"'IU...l:,1"A l'ltlt promote the welfare, happiness and well-being o -,,;f:i:.- 19 f1 -q '~,' ..'-.....g IS' . t. . _ .ofl ''" '" .. 'gl'nal .... '. _ I '01:.1 JI ~ , "\ hk leA riA) , By the Court: I ,:. .J fJ Ii ~~iJ' --- td /;.f/;y. J1.ldge; . ,-', ......... -.--.,.------'-::,,'-<..;'~';:.~, Cl31Y ~/<::,yt,<:,~'~,;!:t:/;\ " , ...",'~';~ -,- c' ,~,;,' .. .'.\'.'>.... .. ' ".....' , " \ 'I , .. -- -. , , . , . .- .. 4) 4424 Oakhurst Blvd. Harrlaburg. PA 17110 (717) 540.5154 , '.... PINNAClEHEALTH Family Medicine C.nte, 01 Fo,." Hms -',,j Name~ "\~nJ~ Date ~ / Jq 10 I , Excused absence from .iJj/Cflo I to .:1./020/eI May return to work/school ~p II () I Limitations/remarks: . Slgnature~~ Q qy,e~MD Form 8323-34 A (lMOOOl PM , \ ~::~::.-~:?-::'~'i~~~J/j~:,:':;' ,-' , -', " " , ,:c)i:~,::",;:",- ~.,'::",:~' . " .~':/. ", ,. . ...~:..?:>:''''':''!.: :"L. '..p~.. ' ?i;~: ,<,;,":~}':::':;~I ..,'. . . ~ :. I . I" ; ~'. ~ ;~~~t~l :' ..' .. " ~ IH .. i~ i , 'r':" ..... .... .'~ . .j .. ," ...: .... ~~~~w 00\11"'''' ..... rCloOUI 0, ..... <<loll''''.... ,..~eJ", O' I'llDN C........... z~tOo H' ....", 0,.0.00' .... ZUlNOo ..... INN C""l,.lI""" ..... rCloOo. o' ION CW,.....o. .... :I \II NO. I-' H' ION O...,UII.N .... SCot. ... ;;:..;.~: .... %'''0 N a(..;.~~ 'Cl1'.'" 'ill ill" ,. . " II I \ I . ... I-'l.IIo, ::t .CtloO'" it ""Oo"UlO r ... ... ':'~~oO'" i ,.oe"WW ~ ~"'~ c8 100100'" Ii-. "''''\II....... ~ roll!: ~:I ) ... ill.. ~;i .... .. .. n:: .. H" L ~ II I ..:~ H~ ~ r.: ~ _r t :! !ll 8- .. ~ .. ij ;l ~ -~ .. ~ S~ ~ r;; .. ~~ ~ g ~6 ~ ~ ~ ~ ~~~~" g~ n~ill n ... " ~~ ... ZUlNOo ..... 'N'" 0..,,,,...00 .... ,..oo....u o. ........ c.owoO'" .... ZOoNO> H" .,.,.. 0" 0. CHI ..... ,.....""'" 0.100'" <<.0'"0.... ,..,.. t!. Zl,IlNO> rD :J;,':'~l:: ie ...... ~' roO"'''' !I: 0, ..... a y COo,,"U1U1 U " ~. ".' 'r:;i},~ :"~~:','~'~.;'i~,:~:': ,', '\ .. ~'.. " ' ;.... ,. ; :" ~'::': ',' . ,.......] " ~ " ..'. " ' ..' .' "~ " ""':"':".\: ....... )- o :r ~ i !' :c j ~ 5' ~ ~' ~H ~~ -~ .. .. .. .. ~ll~-!. i!t! " !ll~~ ~! I r-II( ~!h -n...xl' L,t ~ ( ... ~t'~4:\j, {~:~~\.~: ".", "J()"'" ",~'t ':':":.~ ',' ~.'; .'~"L. J ~... ~'J\"'; L'/-l . :':~ ~;~~ : ':;ii-'. ~ .,',' ~..i,::': ' :,:,' -,- '/ ';',~ ::;.1;~ Tf,'\'" <~ ~ ~ ',." .I~>) ';;~::~; " ~.~ . /:'" ~.. ..~ :Jr ~ I' " " ;} . ,~ ,I i '~:'~~ ':1'- .' " .... "".', \,. "" : ,..;:~l. ,,~ :; :,: f',~ , . . ,i..~ i 0, FATHER shall pay his portion of the unrelmbursed health and medical expenses to MOTHER within fourteen (14) days of receiving verification of the expense, Verification shall be defined as MOTHER'S submission of receipts to FATHER for the various expenses, For example. if MOTHER submits receipts for unrelmbursed expenses to FATHER on April 1", FATHER'S portion of those unrelmbursed expenses shall be due to MOTHER no later than April 141h, 7. This Agreement shall be effective April 1. 2001, 8, This Agreement shall be subject to modification in the event the insurance premiums, co- pays, and/or prescription charges change, 9, The parties intend that this Agreement shall be entered as an Order of Court, Jennifer Thomas ? yn~ ~~ ! u))."l.~ \ ,(' C A I. 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E:~""'" 1-"" ::lol::HO....<II-<IClZO<I Cu.IJZI-O<I ZW3u. :I:.J~~IJl~OgJ3;;;!gj1:l O.J"U:Wll.owoi:iJ<J:u. HW<l:OUluJQWJ:".JZ r3u.3::1"'C!lUlIJlu.U:J ~Nt.j<::t'Jj~,,(Q()\~T"'fN "',.;... ,'~~", ',' ~ .1 _ _" ~ -1.- ..., 'C) ~ 8 ffi' c ~ 97-1168 CIVIL TERM shift on an alternating week schedule, The first week she works on Tuesday, Wednesday, Thursday, Friday, and Sunday, The next week she works on Tuesday, Thursday, Friday, Saturday. and Sunday. Her husband has worked for five years in a warehouse of N. B, Liebman Furniture. He works Monday through Friday from 7:00 a.m, until 4:00 p,m. The father lives in a three-bedroom townhouse in Mechanicsburg, Cumberland County, He has been married to Karen Renee Gibbons, age 51, for five years. The father is a service writer for L. B, Smith Ford, where he has worked for five years, He works Monday through Friday from 6:45 a,m, until 5:30 to 6:00 p,m" and one Saturday every four weeks from 8:00 a,m, until 4:00 p.m, His wife has been a housewife since 1997. She suffers from fibromyositis. which causes her pain but she is able to function, She has a daughter Lisa, age 28, and a son Kermit, age 32, who live nearby, When the mother separated from the father, she took Shannon with her. After about five months, during which time the father saw Shannon on a regular basis, the mother asked him to care for her, He did and the mother then saw Shannon on a regular basis. A custody order was entered by consent on October 23, 1993, The father had primary physical custody and the mother had extensive periods of temporary physical custody, A second consent order was entered on May 5, 1997. It provided the mother and father with shared physical custody, The schedule for the mother was expanded by the shared custody order entered by consent on March 23, 2000. Under that order, the mother has Shannon except when she is with her father overnight on -2- 97-1168 CIVIL TERM Monday and Wednesday evenings and on alternate weekends from Friday through Tuesday morning, The father has also been having her six days each month, every other Wednesday, Friday. and Sunday, when the mother is working, The order contains a holiday schedule, A summer schedule provides each parent with three weeks of uninterrupted vacation time with Shannon, On Tuesday and Thursday evenings, Shannon goes to religious meetings with her father and stepmother. Shannon calls her stepmother "mom." The mother testified that Shannon told her that she called her stepmother mom because she was told to, The father and his wife testified that they told Shannon she could call her stepmother whatever she wanted, and that she chose to call her "mom," Karen Gibbons testified that Shannon is "my baby." and she is "her mother when Shannon is under her roof," She participates with the father in disciplining Shannon, She used to spank Shannon until a child and youth worker intervened, She testified that she does not spank Shannon anymore even though the bible says "Don't spare the rod," Shannon just completed the sixth grade in the middle school of the East Pennsboro School District. the district in which the mother lives, She has always gone to school in East Pennsboro, The father lives in the Cumberland Valley School District, Shannon goes to school by bus from her mother's home at 7:10 a,m, If she has slept at her mother's home she gets up at about 6:30 a.m, If she has slept at her father's home, she gets up at about 5:30 a,m, and he drives her to her mother's home on his way to work, Shannon is a good student. She does not participate in extracurricular -3- 97-1168 CIVIL TERM contempt of the custody order of March 23, 2000. The first was over the weekend of March 2, 2001, which was the mother's weekend with Shannon, Her husband testified that Shannon argued with her mother on Thursday, and was very disobedient. On Friday, he was preparing dinner and Shannon did not like what he was making, That upset him and he told her if she did not like what they were having for dinner she could call her father, She did and her father came and picked her up, The mother testified that she called the father's home on Saturday and there was no answer. On Sunday, his wife answered and the mother asked to speak to Shannon, The wife hung up. She called again on Monday, and the father told her that he would bring Shannon home that day. However. he did not return her until Tuesday morning before school. The mother testified that when Shannon came home she was angry with her. Shannon told her that she was upset because she knew that she had filed for child support against her father. The mother testified that she had not told Shannon that she had filed for child support, The father testified that Shannon called him on Thursday evening. She was crying and she told him that her stepfather said that he wanted her out of the house, He left work and got her. He testified that Shannon told him that her stepfather said that she was a spoiled brat and an ass, He testified that the mother did not call him on Friday. but that he did talk to her by phone on Saturday morning, She asked him when he was bringing Shannon home, He told her that Shannon did not want to go back and that he would bring her on Monday. It snowed on Monday and there was no school so he took her back on Monday evening. The stepmother testified that she and the father told -5- 97-1168 CIVIL TERM feels that she is punished for things she does not do, She stated that she feels like she needs her own room "My mom just needs a bigger house like maybe an extra room." She said she wanted to live with her father. The mother testified that Shannon and her two sisters get along well, albeit with the normal squabbles between siblings, The mother acknowledged that things have been difficult with Shannon since the events in March, She believes that the father and his wife have fomented these difficulties, She believes the custody order should not be changed although she is willing to be flexible during times when she is working, The father testified that he seeks physical custody of Shannon because she has asked to live with him. He suggests that the mother and her husband have threatened and abused Shannon mentally, These allegations are not credible,' · An example of the overreaction of the father and his wife to matters concerning Shannon is reflected in the following incident. In chambers, Shannon stated that one time her stepfather came into a bedroom where she was with her two sisters. The mother was in the living room, Shannon had taken off her clothes, Her stepfather saw her and after a few moments shut the door, This occurred over a year ago and she believed that her stepfather apologized to her for the incident. Her stepfather testified that he went into the bedroom of the girls, where a computer is located. not realizing that Shannon had undressed, He was very embarrassed, left the room, and apologized to her, On the latter occasion when the father's wife was testifying as to why Shannon was not sent home to her mother's on her weekend on March 2, 2001, she stated "We left it up to her. We knew it was her mother's time if she wanted to go, That was fine but we were not going to force her to go back after a man sees her totally unclothed and says he will not leave the room and Shannon asked him to leave the room and he wouldn't. And being an incest person myself, abused as a child, I did not want to introduce her into something like that again just in case," -7- 97-1168 CIVIL TERM find it was the father who told Shannon that her mother filed for child support, We believe that the father and his wife are encouraging Shannon to live with them. Their agitation has created conflict between Shannon and her mother and stepfather even though there is no serious problem in their relationships, That conflict has influenced Shannon to stating that she wants to live with her father, Shannon is still young and the reasons she gave for her preference are superficial. We do not deem it in the best interest of Shannon to remove her from the regular contact she has with her mother. While the custody schedule is hectic because of the mother's work schedule, Shannon is a good student, who should remain an integral part of her mother's family which includes her two sisters. CONTEMPT The father is in contempt of the custody order of March 23, 2000, There was no legitimate justification for not returning Shannon to her mother's home on what was her weekend on March 2, 2001. The father is also in contempt of the order for not returning Shannon to her mother's home to go to school on March 7, 2001. He lied to the mother by telling her that he did not return Shannon because "her nerves were shot," when in fact he took her to see his lawyer, ORDER OF COURT AND NOW, this ~ day of July, 2001. IT IS ORDERED: (1) The petition of Russell Gibbons to modify the current custody order of March 23, 2000, IS DENIED. -9- , JAN 2 b zuo~ p11 }- JENNIFER THOMAS (FORMERLY JENNIFER GIBBONS) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 97,1168 CIVIL ACTION LAW RUSSELL GIBBONS Defendant IN CUSTODY ORDER OF COURT /- ,jl(X!5 AND NOW, this --l.U::...- day of ----V. -t?~ ,'~ upon consideration of the allaehed Custody Conciliation Report, it is ordered anJ"tlireeted as follows: \, The custody arrangements set forth in the prior Order of this Court dated March 23, 2000 shall be temporarily suspended pending completion of the counseling required by this Order and further Order of Court or agreement of the parties, Pending completion of the counseling and further Order of Court or agreement of the parties, the Father shall have primary physical custody oflhe Child, who shall remain enrolled in the Cumberland Valley School District, and the Mother's periods of custody with the Child shall be as arranged through the counseling process and as agreed between the parties, 2. The parties shall continue to share having legal custody of the Child and shall cooperate in sharing, on a timely basis, all school and other infornmtion concerning the Child. The parties shall also cooperate in communicating directly with each other concerning scheduling and olher issues related to the counseling process, 3. The parties shall initiate counseling for the Child with Sally Rooney or other professional selected by agreement between the parties. The parties acknowledge that connicts have developed in the Mother-Daughter relationship despite disagreement as to the circumstances leading to the contlicts. The purpose of the counseling shall be to assist the Child in addressing issues regarding the mother- daughter relationship, while strictly maintaining confidentiality of communications belween child and counselor (except as prohibited by law), and to assess the Child's readiness to begin joint counseling sessions with the Mother with the goal of repairing the relationship. The Father shall be responsible to schedule the counseling sessions for the Child on a timely basis, which the Mother may confinn through the counselor's office, The parties s!lall equally share all costs of counseling which arc not covered by insurance, 4. Counsel for eilher party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, ifnecessary, following the family counseling, .... ) ""., - " I J :11 I'J 1- f:3J SJJZ I ' :\", t :~. ~ J .....,-..- '... '- -- ~. '" , " -..,... " -', ',;: ' ':C,',' ."", , .:"'" ", .' '" "" ...',' -, -' ,"', ';'~f~i;~ ~l~~r" l ,',[ ,--- ,.' ," > -'-'~-:;:>~' --,- .. .- ','" - ':""-." 'A?-.> <-" - '.,,','.',' ,.," ,.". .;;, .',,/>,;,' ,;'" ,','- , ",.' _,',C '. ' H".:~';,-c;, '. ~~~~; ~A~/:i- .' '".-'.. '- , ,_....,>','.',c" ..' '<;'::-"~-~.. -C; '_ -';',~-C-", '.' ", _ .. ',;, C';. 'I'_. :'~' ,-, 'C;.'..~':: "..,;,{_.';~ ..,;,:::', ' ,'J " "~'- "'. '.' ,,:',', .' '" ",,' '-,: :': -1 "co: .. ~" ,~ "','+ ',;c " JENNIFER THOMAS (formerly Jennifer Gibbons), Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION, LAW vs. RUSSELL GIBBONS, NO. 97-1168 CIVIL TERM Defendant PETITION TO MODIFY AND NOW comes Russell T. Gibbons, by his attorney, Samuel L. Andes, and petitions the court to modify its order of 23 March 2000, based upon the following: 1. The Petitioner herein is the Defendant, Russell T. Gibbons an adult individual who resides at 16 Fairfield Lane in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Jennifer Thomas, an adult individual who resides at 826 Erford Road in Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are formerly husband and wife and are the parents of one minor chid, Shannon Rae Gibbons, born 27 August 1988. That child is the subject of an order entered by this court, upon the agreement of the parties at that time, dated 23 March 2000, a copy of which is attached hereto and marked as Exhibit A. 4. Defendant has previously requested the order of 23 March 2000 be modified by this court but, following a hearing in July of 2001, this court denied that request. 5, Defendant again seeks to modify the order in this matter to have primary physical custody of the child awarded to him based upon significant changes in the circumstances since the last proceeding before this court. The changes and those circumstances include: A. During the summer of 2004, following disagreement between Plaintiff and child, Plaintiff told the child to leave her home and live elsewhere. B. Following that incident, the child has lived on a full-time basis with the Defendant and his family. C, The Plaintiff has had little or no direct contact with the child since the child came to live with the Defendant. B. Father shall have the child on Tuesday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Wednesday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. C. Father shall have the child on Thursday eve~ngs at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Friday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. 4. Mother shall have the child at all other times. 5. The parties shall share the following holidays: Memorial Day, Fourth of July, Labor Day and Thanksgiving. Mother shall have Memorial Day and Labor Day in 2000 and all even years thereafter and Fourth of July and Thanksgiving in 2001 and all odd years thereafter. Father shall have Memorial Day and Labor Day in 2001 and all odd years thereafter and Fourth of July and Thanksgiving in 2000 and all even years thereafter. 6. Father shall always have the child for assembly weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance. 7. Mother shall always have Easter weekend, said weekend being defined from Saturday at 8:00 a.m. until Sunday at 4:30 p.m. JENNIFER THOMAS (formerly Jennifer Gibbons), Plaintiff VS. RUSSELL GIBBONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-1168 CIVIL TERM PETITION TO MODIFY AND NOW comes Russell T. Gibbons, by his attorney, Samuel L. Andes, and petitions the court to modify its order of 23 March 2000, based upon the following: 1. The Petitioner herein is the Defendant, Russell T. Gibbons an adult individual who resides at 16 Fairfield Lane in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Jennifer Thomas, an adult individual who resides at 826 Erford Road in Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are formerly husband and wife and are the parents of one minor chid, Shannon Rae Gibbons, born 27 August 1988. That child is the subject of an order entered by this court, upon the agreement of the parties at that time, dated 23 March 2000, a copy of which is attached hereto and marked as Exhibit A. 4. Defendant has previously requested the order of 23 March 2000 be modified by this court but, following a hearing in July of 2001, this court denied that request. 5. Defendant again seeks to modify the order in this matter to have primary physical custody of the child awarded to him based upon significant changes in the circumstances since the last proceeding before this court. The changes and those circumstances include: A. During the summer of 2004, following disagreement between Plaintiff and child, Plaintiff told the child to leave her home and live elsewhere. B. Following that incident, the child has lived on a full-time basis with the Defendant and his family. C. The Plaintiff has had little or no direct contact with the child since the child came to live with the Defendant. D. The child desires to reside in the primary physical custody of the Defendant and does not want to return to the Plaintiff's home. 6. Because of the matters set forth above, and tlhe significant changes and circumstances, it is in the best interests of the child that Defendant be awarded primary physical custody of her. WHEREFORE, Defendant prays this court to modify the provisions of its order of 232 March 2000 and to award him primary physical custody of his daughter, Shannon Rae Gibbons, born 27 August 1988. Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (71 7) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). RUSSELL GIBBONS v EXHIBIT A JENNIFER THOMAS (formerly Jennifer Gibbons), Plaintiff/Petitioner VS. RUSSELL GIBBONS, Defendant/Respondent AND NOW., IN TI-BE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1168 CIVIL TERM CML AC2]ON - LAW ORDER day of ,2000, upon reconunendation of the Conciliator, which was dictated in the presence of the parties and their counsel, it is hereby ordered and directed as follows: 1. Ail prior Orders entered in this case are VACATED. 2. The parties shall share legal custody of their minor child, Shannon Rae Gibbons, d.o.b. August 27, 1988. 3. Physical custody of the child shall be shared in accordance with the following schedule: A. Father shall have the child on alternating weekends from Friday at 6:00 p.m. at which t~,e he shall pick up the child at Mother's residence, until Monday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. This alternating weekend schedule shall commence on Friday, March 17, 2000. B. Father shall have the child on Tuesday evenings at 6:00 p.m. at which time he shall pick up the child at Mother's residence, until Wednesday morning at 6:30 a.m. at which time he shall retum the child to Mother's residence. C. Father shall have the child on Thursday eveni,'ngs at 6:00 p.m. at Which time he shall pick up the child, at Mother's residence, until Friday morning at 6:30 a.m. at which time he shall return the child to Mother's residence. 4, Mother shall have the child at all other times, 5. The parties shall share the following holidays: Memorial Day, Fourth of July, Labor Day and Thanksgiving. Mother shall haw: Memorial Day and Labor Day in 2000 and all even years thereafter m~d Fourth of July and Thanksgiving in 2001 and all odd years thereafter. Father shall have Memorial Day and Labor Day in 2001 and all odd years thereafter and Fourth of July and Thanksgiving in 2000 and all even years thereafter. 6. Father shall always have the child for assembly weekend and shall provide Mother with notice as to when that is to occur, at a minimum of thirty (30) days in advance, 7. Mother shall always have Easter weekend, said. weekend being defined from Saturday at 8:00 a.m. until Sunday at 4:30 p.m. 8. Mother shall have the child every Christmas Eve at 6:00 p.m. until Christmas Day at 6:00 p.m. Father shall always have the child on New Year's Eve at 6:00 p.m. until New Year's Day at 6:00 p.m. 9. Each party shall be entitled to three (3) weeks of uninterrupted vacation with the child to be used throughout the year. Mother shall provide Father with written notice of the weeks in which she intends to exercise these periods of vacation no later tim April 1st of each year. Father shall provide Mother witi~ written notice of the weeks in which he intends to exercise these periods of vacation no later than April 15th of each year. 10. Such other times as the parties may agree. BY THE COURT, Keirsten W. Davidson, Esquire Charles E. Petrie, Esquire mlb Prothonotary JENNIFER THOMAS (FORMERLY JENNIFER GIBBONS) PLAINTIFF RUSSELL GIBBONS DEFENDANT : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-1168 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 04, 2005 at 2:00 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 are 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ D~wn $. Sund~_y, Esq. mt~c Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAN 2 8 2005 'J- pfl' JENNIFER THOMAS (FORMERLY JENNIFER GIBBONS) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1168 CIVIL ACTION LAW RUSSELL GIBBONS Defendant IN CUSTODY ORDER OF COURT AND NOW, this ----b\- day of GML-U..... ,;,q;:~pon consideration ofthe attached Custody Conciliation Report, it is ordered and'tlirected as follows: I. The custody arrangements set forth in the prior Order ofthis Court dated March 23, 2000 shall be temporarily suspended pending completion of the counseling required by this Order and further Order of Court or agreement of the parties. Pending completion ofthe counseling and further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Child, who shall remain enrolled in the Cumberland Valley School District, and the Mother's periods of custody with the Child shall be as arranged through the counseling process and as agreed between the parties. 2. The parties shall continue to share having legal custody of the Child and shall cooperate in sharing, on a timely basis, all school and other information concerning the Child. The parties shall also cooperate in communicating directly with each other concerning scheduling and other issues related to the counseling process. 3. The parties shall initiate counseling for the Child with Sally Rooney or other professional selected by agreement between the parties. The parties acknowledge that conflicts have developed in the Mother-Daughter relationship despite disagreement as to the circumstances leading to the conflicts. The purpose of the counseling shall be to assist the Child in addressing issues regarding the mother- daughter relationship, while strictly maintaining confidentiality of communications between child and counselor (except as prohibited by law), and to assess the Child's readiness to begin joint counseling sessions with the Mother with the goal of repairing the relationship. The Father shall be responsible to schedule the counseling sessions for the Child on a timely basis, which the Mother may confirm through the counselor's office. The parties shall equally share all costs of counseling which are not covered by insurance. 4. Counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary, following the family counseling. 5. 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. <l EdgarB. J. BY THE COURT, cc:./.fennifer Thomas, Mother _Alamuel L. Andes, Esquire - Counsel for Father ~05 O~~OI): -, } ,,,,,,,:-",,,<, ,jj',,; " " ....; \ (} ; 1j 1'1 \ - S33 s~~l JENNIFER THOMAS (FORMERLY) JENNIFER GffiBONS) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 97-1168 CNIL ACTION LAW RUSSELL GffiBONS Defendant IN CUSTODY Prior Jndge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shannon Rae Gibbons August 27, 1988 Father 2. A conciliation conference was held on January 25, 2005, with the following individuals in attendance: The Father, Russell Gibbons, with his counsel, Samuel 1,. Andes, Esquire, and the Mother, Jennifer Thomas (formerly Gibbons), who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ,/Cl/t"'^1 ,..J.{, ;.rv,s I Date cQ. '-J-~ ~ Dawn S. Sunday, Esq Ire Custody Conciliator