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HomeMy WebLinkAbout97-02563 ~ o " -Q . 1.1 > ~ o '" ...q . , ~ , ~ ~. \ /} .. / / ! ; . I . When father works 11-7 shift he shall have partial custody Monday 4:00 to 8:00 p.m., Wednesday 4:00 to 8:00 p.m, In the winter when father works the 7-3 shift he shall have partial custody Monday 4:00 to 8:00 p.m. and Wednesday 4:00 to 8:00 p.m. When father works the 3-11 shift he shall have partial custody Saturday 8:00 to 12:00 noon. When father works the 11-7 shift he shall have partial custody Monday 4:00 to 8:00 p.m. and Wednesday 4:00 to 8:00 p.m. In addition, father shall have partial custody every other weekend unless there is a conflict wi th his work schedule. If father is unable to exercise his weekend visit the children shall remain with the mother. The alternate weekend schedule is as follows: When father works the 7-3 shift he shall have partial custody from 4:00 p.m. Friday until 5:00 p.m, on Sunday. When he works the 3-11 shift he shall have partial custody from 8:00 a.m. Saturday until 3:00 p.m. on Sunday, If father is working the 3-11 shift six days a week and is unable to exercise his weekend visit, he shall have the children on Sunday for the day. When he works the 11-7 shift he shall have partial custody from 4: 00 p.m. Friday until 5:00 p.m. on Sunday. . .:+:. .:+:. .:+:. .:+> .:+:. .:.:. .:+:,',:+:," -.:.:. .:+:. .:<<. .:+:. .:+:. .:+:. .:+:. ".:.:. .:+:. .:+:. .:.:. .:.:.~)::-:.:.6:.:-::-:.}~:.:.>:~.:.:, :.:+:.: _':':': .:c-::<e<:l'lI .'.- - ::;. f, I!I ", ^ w ~.' ~ ~ ~.' ~ ,,~ ~ ~ '.' ~ ~ '.' ~ '.' ~ ~ '.~ ~ '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND ~ STATE OF ~ COUNTY ~ ~.~ " ~ ~ .~ ~ '.~ ,', * ~ $ i " . ~ ~ ~.' ,'~ ~ ,.; ~ t'; * ,0" ~ (~ t'; ~ ,.; ~ ,~ " M ~', "', :, .. w ~.~ ~" ~ ~ ~': ~ ~.~ ~ ~ $ ~ '.' ~ ~ '.' ~ ~ ~ '.' ,* J. 1"- I~ w I ~ .rolhonolary \ ~ ~ ~ ~ . ~ - - ---~~---~-------. ,.._,--,.,-_._-_._--~._.._..,_._.------.,~ :~;-:-~--:i. .:.::-- .:+:. .:.:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:- .:+;. .:+:. - .:+:. .:+:. .:+:. .:+:. .:+:. .:.:. .:+:. ':6:' .:+:. .:.:- .:+:. .:+:. .:+:. .:+:. PENNA. BELINDA R. GIBSON ... . .... II II N (). ........~!.~.~.~.~3 ................. 19 ., '! VCI'..ms I ,\ ~ BRENT A. GIBSON ,', ~ $ .' S DECREE IN DIVORCE AND NOW, . .~..? ~.I........ 19.98.... it is ordered and d hi' t'ff decree t at ................. BELINDA. .R. . GLBSON- .. . .. . .. .. .. p am I , and. .... .... .~~!'~.~ .~, ..~~~~9.N...... ...... .... .. .. ........... defendant, are divorced from the bonds of matrimony, ~ '.' ~ ~ '.' ~ :.' I'~ ,', ~ ~ :.' ,,~ ~ ~ ~.' ~ ... 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; w ~.' s ~ ~.' ~ .......... .~P.'1El.................,......................................... s .................. $ ~ ..' ~ f.' w <;. Alle.l: w y ,- In 'r f:- - .... (:-~ ,... ,.., II ,(" -- "' _"..1 "- - I \'," , ' ' ,'~ \. ,.- ,-( \ .n ("oj I c.> (,...; \-.u" ...1 - \" I~. .. ., I ; ,. .. '. .. :::.' "" . L,I 0"'\ () BELINDA R, GIBSON . . IN THE COURT OF COMMON PLEAS OF . , , . CUMBERLAND COUNTY, PENNSYLVANIA . . v. : : NO. 97- C)<)c'o3 CIVIL TERM , . . , BRENT A. GIBSON . . IN DIVORCE . , 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 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 of 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, 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S 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 Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania, 17013 Telephone: 717-240-6200 . ) OJ I('A. " I . / . _ 0 irJ 14-"\" -J . . .'... /. 4..<- 14-/ Frances H. Del Duca 10 West High St. Carlisle, PA 17013 COUNT II - EQUITABLE DISTRIBUTION 8, Plaintiff and defendant are the joint owners as tenants by the entireties of various items of real and personal property, furniture and household furnishings acquired during the marriage which are sUbject to equitable distribution by this Court. 9. Plaintiff requests this Honorable Court to equitably divide all marital property of the parties. COUNT III - COUNSEL FEES AND EXPENSES 10. Plaintiff does not have sufficient funds to pay counsel fees and expenses incidental to this action. 11. Plaintiff requests this Honorable Court to award her counsel fees and expenses. COUNT IV - ALIMONY l2. Plaintiff does not have sufficient funds to support herself. l3. Plaintiff request this Honorable Cour to award alimony. WHEREFORE, the plaintiff requests the Court to enter a decree: A. Dissolving the marriage between Plaintiff and defendant; and B. Equitably distributing all property owned by the parties hereto. C. Directing defendant to pay counsel fees and expenses of this proceeding. ~ ~ ~ i~ ~ I . , I >- C'l ~~ { t ~ ~ a; - --... C": ,.-- i-" , ~ ~ UJ~: CW;J . ~?.~ ~.~ ~ (.)..- I-;~ ........ r-( , '.. .' ~~. ,... . ~(, .:.. "." V) !:::j ~~~ t - - \ . '\t (;; :~~ u..'L'. ~ u::~, -.! -;. >- 'Lrj ~ l; . ~ r .... .,r}Q.. -- :.;.: ,,~~ ~ II. ~~ 0 r- :;.) U\ U ~ In c.' ,'. rs - r, c; u.'>, : .- <:~;'- (J,,:.; . 1.:.,_ " ......'.. .. t:;:J{-' ~o :-:j [.~ f 0:' '- in; "'4 :') -.. ;.... u: ~:.' ~-- ,;i~~U ,-." .. ..,-- -!I,L t'. r- '''..- C .J c- ':'-' >- ..:I' ~~~ u' c:: " ~, 1-. .. , :i - ltJ('"~ - ~ ( ). , r" '. ,.. " o~- -. '" ;~ , ' :-:> '.~ .", 0' c"" . ',~ w ., ~.., ; -. '. u:~ ; ..j , CJ r- ::.~: .!J fJ.~ , -, , to ':i 0 en U >- ," -... - r,~ n- o ;~~ " . ...~ , ; C. I 0.',.,,, C). ,I , n: ( ~r, ",,-.:,.: " :::.1 , ,'") "/') l: "-'''.- _. .', N , UI\o-. , . -:oJl,. -' ~2 u::., ...:;., .:j F ~'j "- CO 0 en U BELINDA R. GIBSON, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2563 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE BRENT A. GIBSON, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANC~ OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 14, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5, 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. 6. 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, 7, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling. 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: ~"'L J1 /e; Z? .,. 0' "- iT: .:J r- .-' " 1-:::- -'. 1I1~-' N '0') 0" t - (" - ~ J....- (!5( --- .. , . "" 0: 1.1'1 C', G:!: ....-. .,0,1 J 1-: ~. .. .i;J.. ....-;. . I'. 0:: :3 c v' U * ge\,\\c\".). Q. S',t-:>:')()\\ Plaintiff : IN TIlE COURT OF COMMON PLEllS OF :CUMBERLllND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LA[v ~NO. dSb ~ CIVIL :CUSTODY/VISI-TATION 19 ell * Bn::r-. \- A, b\ \::'::,c:{I Defendant " ORDER OF COURT AND NOW, this (date);) /.3J)1 e,l, upon consideration of the attached complaint, it is hereby directed that the arties their re::p,:ctive counsel appear befol1e i':()w ,'':,.''- , the conc~l~ator, at ,:2.,C W. r , . ~. (" C on the,~ day of , )' . , 19 l , at C- A. M., for a prehearing Custod 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference'may provide grounds for entry of a temp,!rary or permanent order. FOR THE COURT: By:r-t'ltl\\\(\ d) sh..uil'\r'lru.:.l~, Custody ConciliatorU (T.D1 YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 >- 0; -" ''l I- i-:., IJ I~-:' (I-- I":!.' ~. I ~. i ( Ii. ~J, )' -. 0;' rr" >- I',' ."~ '" - I. r- Q Ol :,. ,.. -)~ ;~:; . l"~ :.... ,"::.j . , .J~1 '-.- :'~d ..Jt.~ :.J U \\i 'J ~ ) ~ ~ ~ \ ~ ~. '~ ~, ~ ~ro " \) ~~ .6ilp u ~ 1~~7 BELINDA R. GIBSON, . IN THE OOURT OF COOMON PLEAS . Plaintiff CUM8ERLAND COUNTY, PENNSYLVANIA vs. . NO. 97-2563 CIVIL TERM . : BRENl' A. GIBSON, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . OODER OF <XXlRT AND 1Ol, this 21st day of August, 1997, the Conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. ~ CUstody Conciliator >- '.:1 r- c-: ,.; j:.:- ; r2 . ; " I~. - 0.2, r:J.. ;-.::; v_.-' - .' Z~~ - U.'" o:t. ~- ~ ::j I: .". -- ,~ ,', 1.1. ra ::l L~ c;, () >- ("') o- n: ...:J ~; ~. ,- N ...4}0.'- UjQ i~:';:': c t-; ..- i_)::'~ fE', n.. '.' ~l", r_:~.,~ 1- ~j' ;:.') Lt ('-.) 1'0' WC~ . ". ~ :~:.: ::.: -~ll; n: U.litJ L.:;L ('.. H) 0.. ,- oe< '-'; L:- 00 :.5 u cr. U BELINDA R. GIBSOH . . . . IN TilE COURT OF CO!{!{ON PLEAS OF CUHBERL1\ND COUNTY, PE1<NSYLVANIA NO, 2563 CIVIL 1997 CUSTODY /VISIT1ITION . . . . v, .. .. , , .. BRENT A. GIBSON .. .. r', Ln I:. -J STIPUL1l.TION 0.:: . :-;j 1. Belinda R, Gibson is the natural mother of. Nary' Elizabeth Gibson born 11/4/89 and Rebekah Christine G'ibs~<< ., .. born 3/20/94. 2. Brent A. Gibson is the natural father of Mary Elizabeth Gibson born 11/4/89 and Rebekah Christine Gibson born 3/20/94. 3. The mother has had primary custody of the children since the parties separated on April 25, 1997. 4. The parties agree that mother shall have primary physical custody of Mary Eli zabeth Gibson and Rebekah Christine Gibson and that father have partial custody to coincide with the parties' work schedule as follows: In the sununer when father works the 7-3 shift he shall have partial custody Monday 4:00 to 8:00 p.m" Wednesday 4:00 to 8:00 p.m. \';hen father works 3-11 shift he shall have partial custody Monday 8:00 to 12:00 noon and Thursday 8:00 to 12:00 noon. ." "'-1 ..~ I (") 9q :oj :,:n r- . ,ITl '.0 '., ' ;() :".! "- "' l :Tl -' -~ '. ~'J -..: When father worl:s 11-7 shi!t he shall have partial custody Honday 4:00 to 8:00 p.m., Wednesday 4:00 to 8:00 p.m. In the winter when father works the 7-3 shift he shall have partial custody Monday 4:00 to 8:00 p.m, and Wednesday 4:00 to 8:00 p.m. When father works the 3-11 shift he shall have partial custody Saturday 8:00 to 12:00 noon. When father works the 11-7 shift he shall have partial custody Monday 4:00 to 8:00 p.m. and Wednesday 4:00 to 8:00 p.m. In addition, father shall have partial custody every other weekend unless there is a conflict with his work schedule. If father is unable to exercise his weekend visit the children shall remain with the mother. The alternate weekend schedule is as follows: When father works the 7-3 shift he shall have partial custody from 4:00 p.m. Friday until 5:00 p.m. on Sunday. When he works the 3-11 shift he shall have partial custody from 8:00 a.m. Saturday until 3:00 p.m, on Sunday. If father is working the 3-11 shift six days a week and is unable to exercise his weel:end visit, he shall have the children on Sunday for the day. When he works the 11-7 shift he shall have partial custody from 4:00 p.m. Friday until 5:00 p.m. on Sunday. .,.~... ____...,.I:~........- - BELINDA R. GIBSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUM8ERLAND COUNTY, PENNSYLVANIA . . . vs. : NO. 97-2563 CIVIL TERM CIVIL ACTION - LAW BRENl' A. GIBSON, . . Defendant : IN CUSTODY OODER OF <nJRT \ AND tOol, this ~ day of ,\MQ , 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 8, 1997 is vacated and replaced with this Order. 2. The Mother, Belinda R. Gibson, and the Father, Brent A. Gibson, shall have shared legal custody of Mary Elizabeth Gibson, born November 4, 1989, and Rebekah Christine Gibson, born March 20, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. until Sunday at 5:00 p.m. The alternating weekend schedule shall begin on Saturday, May 23, 1998 at 8:00 a.m. Thereafter, weekend periods of custody shall begin on Friday at 4:00 p.m. In addition, during the school year, the Father shall have custody of the Children every Monday and Thursday from after school until 8:00 p.m. when the Father does not work the 3:00 p.m. to 11:00 p.m. shift at work. During weeks when the Father works the 3:00 p.m. to 11:00 p.m. shift at work, the Father shall have custody of the Children on Saturday from 8:00 a.m. until 12:00 p.m. instead of Monday and Thursday unless it is the Father's regular weekend when he has custody of the Children from Friday through Sunday. 5. During the surrmer school break, beginning in 1999, the parties shall share custody of the Children and in March of each year shall cooperate in establishing a surrmer custody schedule with the weeks during the surrmer to be divided between the parties as equally as possible. 6. During the surrrner in 1998, the Father shall have custody of the Children in accordance with the following schedule: June 5 through June 7 (both Children) June 10 through June 12 (both Children) June 23 through June 25 (both Children) June 23 through June 26 (Rebekah) July 18 (11:00 a.m.) through July 24 (both Children) August 3 through August 7 (both Children) August 10 through August 16 (both Children) The Mother shall have custody of the Children at all times not otherwise specified for the Father. Under this provision, the Father shall pick up the Children on the designated dates at 10:00 a.m. (except July 17, for which the piCk up time shall be 11:00 a.m.), and the return time on the designated dates shall be 4:00 p.m. 7. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. Alternating Holidays: The parties shall alternate having custody of the Children on the following holidays from 9:00 a.m. until 9:00 p.m. in accordance with the following schedule: The Mother shall have custody of the Children in even numbered years on Easter, July 4th and Thanksgiving, and in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shall have custody of the Children in even numbered years on New Years Day, Memorial Day and Labor Day and, in odd numbered years, on Easter, July 4th and Thanksgiving. C. Mother's Day/Father's Day: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 9:00 p.m. and the Father shall have custody of the Children every year on Father's Day fran 9:00 a.m. until 9:00 p.m., except in 1998 when the Mother shall have custody of the Children on June 21. 8. Both parties shall ensure that the Children attend all regularly scheduled activities during his or her periods of custody. 9. The party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. Either the parties or their spouses may provide transportation for exchanges of custody. BELINDA R. GIBSON, : IN THE COURT OF CXXolMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 97-2563 CIVIL TERM . : BREm' A. GIBSON, . CIVIL ACTION - LAW . Defendant : CUS'IODY PRIOO.JUDGE: Edgar B. Bayley cusroDY CXH:ILIATIOO SlH!ARY REPCRT IN A<XXRDANCE WITH ClI1BERLAND cxuny RULE OF CIVIL PRO .K,.JRE 1915.3-8, the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRl'H CURRENrLY IN CUS'lWY OF Mary Elizabeth Gibson Rebekah Christine Gibson November 4, 1989 March 20, 1994 Mother Mother 2. A Conciliation Conference was held on May 20, 1998, with the following individuals in attendance: The Mother, Belinda R. Gibson, with her counsel, Joan Carey, Esquire, and Jennifer Gutshall, and the Father, Brent A. Gibson, with his counsel, David A. Baric, Esquire. 3. ille parties agreed to entry of an Order in the form as attached. ,}IJ~P Date :;- / 1 7 [I- , c()C4--J-4~~ Da\lll s. sunday, Esqulre Custody Conciliator ~ (") e- Ll": ~:.; M .. " ,..... .... UJ-'-; 0"" ie', , ~. -, t~~ :" (.. i!~l 2. ~. tn " U~IL'_ '" crt' ' :-- ; , , ' ~.t.: ~. ::- -.... h. <::) 1 0 c.,) 0 7. The Respondent has willfully failed to abide by the Order of Court in that: (a) During the entry of the Court's Order of June 16, 1998, the Petitioner's work schedule required him to work rotating shins, which included working from 3:00 p.m. until 11:00 p.m. every third week. (b) Accordingly, Paragraph 4 of the cxisting Order states in relevant part, "In addition, during the school year, the Father shall have custody of the children every Monday and Thursday from after school until 8:00 p.m. when the Father does not work the 3:00 p.m. to 11 :00 p.m. shift at work." (c) On or about April 1999, the Petitioner's work scheduled changed so that he then and now only works from 9:30 p.m. until 6:00 a.m. (d) Upon receiving his changed work schedule, the Petitioner infonned the Respondent that he would like to begin receiving the children every Monday and Thursday evening pursuant to the existing Order of Court. (e) The Respondent refused the Petitioner's request, and therefore, since April of 1999, the Petitioner has heen denied his scheduled contact with the children on Mondays and Thursdays every third week as ifhe was still under his prior work schedule. (f) Although the Respondent has not provided a reasonable explanation for withholding the children at these times, the Petitioner had previously refrained from filing for civil contempt in an allempt to preserve the peace between the parties. PART 11 8. The Respondent has willfully failed to ahide by the Order of Court in that: (a) Paragraph 5 ofthc cxisting Court Ordcr statcs in relcvant part, "During thc summcr school hrcak, bcginning in 1999, thc partics shall sharc custody ofthc Childrcn and in March of caeh ycar shall eooperatc in cstahlishing a summcr custody sehcdulc with thc wccks during thc summcr to bc dividcd hctwccnthc partics as cqually as possihlc." (b) In anticipation ofthc summcr of2000,thc Rcspondcnt delivcrcd a summcr sehedulc to thc Pctitioncr containing hcr tcrms. (c) In sum, thc Rcspondcnt, aftcr having selcetcd thosc days and wcckcnds throughoutthc summcr that shc wantcd custody ofthc ehildrcn, grantcd thc Pctitioncr two ofthc twclvc wcckcnds of thc summcr, and issucd him a total of thirty-four days in which to plan his summcr sehcdulc. (d) In May of 2000, thc Rcspondcnt informcd thc Pctitioncr that hcr proposal was finn, and rcfuscs to eooperatc in furthcr ncgotiations with thc Pctitioncr. 9. Thc Pctitioncr has had to rctainthc scrviees of eounscl Thomas S. Diehl, Esquirc, in ordcr to seeurc the rights alrcady affordcd him undcr thc Court's eurrcnt Custody Order of Junc 16, 1998. WHEREFORE, thc Pctitioncr, Brcnt A. Gibson, rcspeetfully rcqucsts this Honorablc Court to find thc Rcspondcnt in eontcmpt ofthc cxisting Ordcr, grant any reasonable allomey's fccs ineurrcd by the Pctitioncr, and such othcr relicf as thc Court decms fit. COlINT 11- Mom FICA TION 10. Paragraphs I through 9 arc ineorporatcd hcrcin by rcfcrcnec. 11. As indieatcd abovc in Paragraph 8(a) of this Pctition, the existing Custody Order of Junc 16, 1998 requires thc parties to rencgotiatc thc summcr sehcdulc cach ycar. 12. Prior to thc sUll1mcr of 1998, thc partics hlld to lIequirc indcpendcnt Icglll counsel to litigate thc summcr sehcdulc, which rcsulted in thc cxisting Ordcr of June 16, 1998. 13. Thc parties again acquired independent Icgal counsel to litigate thc summer sehcdulc prior to thc summcr of 1999. 14. Thc partics arc currently litigating thc summcr sehcdule of 2000 through Icgal counsel. 15. Regardless of rault, it is apparcnt that an open-cndcd summcr sehcdule is not working ror thc partics. 16. The annual litigation hlls eauscd thc partics to incur unduc expense, and plaecd an unnccessary strain on thcir relations, all to the detrimentorthc ehildrcn. 17. Accordingly, thc Pctitioncr rcspectfully rcqucsts specific, predctennined, and objective dates in which to cqually divide thc eurrcnt summer 01"2000 and ruturc summers in Iicu or thc open-ended agreement which eurrcntly cxists. 18. The natural mothcr or the children is Belinda R. Coy. She is marricd. 19. The natural rather orthc ehildrcn is Brcnt A. Gibson. Hc is married. 20. The relationship or thc Pctitioncr to the childrcn is that or natural rathcr. Thc natural rathcr currently rcsides with his wire. 21. The relationship or thc Rcspondcnt to thc children is that or natural mothcr. The natural mother eurrcntly rcsides with her husband. 22. Thc Pctitioncr has not participatcd as a party or as a witncss in any othcr capacity in litigation eonccrning the ehildrcn with thc cxecption of thc litigation specifically addressed above in this Pctition. . ~:~ BELINDA R. GIBSON, . IN TilE COURT OF cx:x1fola~ PLEAS OF . Plaintiff . CUMBERLTIND COON'I'Y, PENNSYLVANIA . . . VS. : NO. 97-2563 CIVIL TERM . CIVIL ACTION - IJIW . BRENl' A. GIBSON, . . Defendant . IN CUSTODY . ORDER OF CXXJRT J\ND toI, this /I~ consideration of the attached and directed as follows: day of " hr.' ,'" CUstody Conch ation Report, , 1998, upon it is ordered 1. 'ltIe prior Order of this Court dated September 8, 1997 is vacated and replaced with this Order. 2. 'ltIe Mother, Belinda R. Gibson, and the Father, Brent A. Gibson, shall have shared legal custody of Mary Elizabeth Gibson, born November 4, 1989, and Rebekah Christine Gibson, born March 20, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. until sunday at 5:00 p.m. The alternating weel;end schedule shall begin on saturday, May 23, 1998 at 8:00 a.m. Thereafter, weekend periods of custody shall begin on Friday at 4:00 p.m. In addition, during the school year, the Father shall hllve custody of the Chilnrp.:J c'.'eL"Y tl:mday and ThursdB}' from after school until 8:00 p.m. when the Father does not work the 3:00 p.m. to 11:00 p.m. shift at work. During weel;s when the Father wory.s the 3:00 p.m. to 11:00 p.m. shift at work, the Father shall have custody of the Children on Saturday from 8:00 a.m. until 12:00 p.m. instead of Monday and Thursday unless it is the Father's regular weekend when he has custody of the Children from Friday through Sunday. 6. During the sllllloor in 1998, the Father shall have custody of the Children in accordance with the following schedule: June 5 through June 7 (both Children) June 10 through June 12 (both Children) June 23 through June 25 (both ChilG~e~)l r,-.,.t:L . \ june 23 through June 26 (Rebekah) ~~IV 't \..II Sr CR\ )JlW.Y 18 !ll:OO !I..m.l throuClh July 4 (both Children) ./.) ).\~ o~~ ~st 3 tbrn'lgQ A!19!g1!; 7 iboth (;/1ll~ren) -) ~~ l August 10 through August 16 (both Cl111dren) (.L) The Mother shall have custody of the Children at all times not otherwise specified for the Father. Under this provision, the Father shall pick up the Childrrn on ~le designated dates at 10:00 a.m. (except July 17, for which the picl:1 up t'ime shall be ll:oo a.m.), arid ~le return time on the dpsignated datp.s shall It-~ -4:(jIO 'p.m. 7. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: 'ltIe Christmas holiday shall be divided into segment A, which shall run fran Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run fran Christmas Day at 12:00 noon until December 26 at 12:00 noon. The ~lother shall have custody of the Children during segment A in odd numbered years and during segment B in even numbered years. The Father shall have custody of the Children during segment A in even numbered years and during Segment B in odd numbered years. B. Alternating Holidays: The parties shall alternate having custody of the Children on the following holidays from 9:00 a.m. until 9:00 p.m. in accordance with. the following schedule: The Mother shall have custody of the Children in even numbered years on E<1ster, July 4th and Thanksgiving, and in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shail have custody of the Children in even numbered years on Nej.' Years Day, Memorial Day and Labor Day and, in odd nUlIlberec1 years, on Easter, July 4th ancJ 'ltIanksgiving. C. ~lother's Day/Father's Day: The ~lother shall have custody of the Children every year on Nother's Day fran 9:00 a.m. until 9:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00 p.m., except in 1998 when the Mother shall have custody of the Children on June 21. 8. Both parties shall ensure that the Children attend all regularly scheduled activities during his or her periods of custody. 9. The party receiving custod}' of the Children shall be responsible to provide transportation for the exchange of custody. Either the parties or their spouses may provide transportation for exchanges of custody. BELINDA R. GIBSON, . IN THE OOUR1' OF OOI.y.loo PLEAS OF . Plaintiff . CUMBERLAND COON'I'Y, PENNSYLVANIA . . . VS. . NO. 97-2563 CIVIL TERM . . . BRENl' A. GIBSON, . CIVIL ACTION - LAW . Defendant : CUS'IODY PRlCR JUDGE: Ed;)ar B. Bayley CUS'lOOY <XllCILIATIOO stnIIIRY R.EPCRI.' IN ACXXlUlI\NCE wrm CU1BERIJ\ND 0XlNTY RULE OF CIVIL PRCCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRrB CURRENTLY IN CUS'lODY OF Mary Elizabeth Gibson Rebekah Christine Gibson November 4, 1989 March 20, 1994 Mother Mother 2. A Conciliation Conference was held on ~lay 20, 1998, with the following individuals in attendance: The Mother, Belinda R. Gibson, with her counsel, Joan Carey, Esquire, and Jennifer Gutshall, and the Father, Brent A. Gibson, with his counsel, David A. Baric, Esquire. 3. . 'ltIe parties agreed to entry of an Order in the form as attached. ,)I/YlP Date J" /1 '1 ?' , ~~ Dawn S. Sunday, Esquire CUstody Conciliator ~~~ ~>j lil~~ ,~ ..... ~ "" :::l ~~E ~~ ~ ~~ M~.a-O ~~ -g Q IQ ~!:: ~~~ ==pe ,( '... .a Ifl = , fIl "" Hill Ifl-C Cl.-t . ,8 ~I . <<;I 'r; e.O ~~E8 ~'" ~ pi Iii :. ~ .E 8 ~ E eo.... loll ; ..=E~.!'! ~f \j ;:: .a g ; . ~mm~~ D: . ~ ~ :Q ~ ..: I ~ ~ ~ . .. . . . . . . .. BELINDA R. COY (GIBSON), . IN THE COURT OF CXlMMON PLEAS OF . Plaintiff . CUMBERLAND CXXlNTY, PENNSYLVANIA . . . VS. . NO. 97-2563 CIVIL TERM . . . BRENl' A. GIBSON, . CIVIL ACTION - LAW . Defendant : IN CUSTODY ORDER OF CXXlRT ~ ~ J\ND tOI, this => day of consideration of the attached Custody concil atlon ~eport, and directed as follows: , 2000, upon it is ordered 1. 'ltIe prior Order of this Court dated June 16, 1998 is vacated and replaced with this Order. 2. The Mother, Belinda R. Gibson, and the Father, Brent A. Gibson, shall have shared legal custody of Mary Elizabeth Gibson, born November 4, 1989, and Rebekah Christine Gibson, born September 20, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. During the school year, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 5:00 p.m. 'ltIe school year alternating weekend schedule shall begin with the Father having custody in 2000 on September 8 and in future years on the first weekend after the new school year begins when the Father's wife has off work. In addition, during the school year, the Father shall have custody of the Children every Monday and Wednesday fran afer school until 8:00 p.m. with the exception of every fourth week when the Father shall have custody on Saturday mornings from 8:00 a.m. until 12:00 p.m. instead of Monday and Wednesday. The parties shall begin the foregoing four week cycle so that the fourth week falls on the Mother's regular weekend period of custody. 5. During the sunmer school break in 2000, the parties shall share having custody of the Children, with the Father having the following periodS of custody: June 12 through June 18 June 26 through June 30 July 10 through July 16 July 24 through August 3 August 17 through August 26, with the exception of August 19 when the Mother shall have custody of the Children from 10:00 a.m. through 6:00 p.m. unless otherwise provided in this provision, the foregoing periods of custody shall begin at 10:00 a.m. on the specified date and end at 4:00 p.m. on the specified date with the exception of the exchange of custody on August 26, which shall take place when the Father returns from vacation with the Children. The Mother shall have custody of the Children during the summer school break in 2000 at all times not otherwise specified for the Father. 6. During the summer school break in years beginning in 2001 and continuing thereafter, the parties shall share having custody of the Children on an alternating weekly basis, with the exchange of custody to take place every Sunday at 6:00 p.m. The alternating weekly schedule shall begin each summer on the first Sunday after school ends with the parent who does not have custody of the Children on the first weekend after the close of school under the alternating weekend schedule. 7. The parties shall share or alternate having custody of the Children on holidays as follows: A. CIlRIS'l'MAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in odd nUll'bered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING IIOtIDAYS: The Mother shall have custody of the Children in even numbered years on Easter, July 4th and 'ltIanksgiving, and in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shall have custody of the Children in even numbered years on New Years Day, Memorial Day and Labor Day and, in odd numbered years, on Easter, July 4th and Thanksgiving. The periods of custody under this provision shall run from 9:00 a.m. until 9:00 p.m. on the holiday. C. MC7l'IIER'S DAY/FATfIER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 9:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00 p.m. D. HALLCMEEN: The parties shall alternate having custody of the Children on Halloween Trick-or-Treat night, with the Father having custody in even numbered years and the Mother having custody in odd numbered years from 5:00 p.m. until 8:30 p.m. BELINDA R. COY (GIBSON), . IN TilE COURT OF CXlMMOO PLEAS OF . Plaintiff . CUMBERLAND COON'I'Y, PENNSYLVANIA . . . vs. . NO. 97-2563 CIVIL TERM . . . BRENl' A. GIBSON, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRIClt JUIlGB: Edgar B. Bayley ClJS'lOOY CXH:ILIATIm stI1MARY RBPCltT IN AexnIDANCE WI'l'fI cnmERLAND CXXNrY RULE OF CIVIL l'~ 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENl'Ly IN ClJS'lOOY OF Mary Elizabeth Gibson November 4, 1989 Rebekah Christine Gibson September 20, 1994 Mother Mother 2. A Conciliation Conference was held on June 21, 2000, with the following individuals in attendance: The Mother, Belinda R. Coy (Gibson), with her counsel, Karl E. Rominger, Esquire, and the Father, Brent A. Gibson, with his counsel, Thomas s. Diehl, Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of the provision governing the 4th week of the partial physical custody schedule for the Father during the school year, which is the recommendation of the Conciliator after consultation with the Court. k J CO .-YYY'l Date ' {/ .JLt ~ l':l.lv .~ Dawn S. Sunday, Esqu !:J CUstody Conciliator BELINDA R. COY (GIBSON), IN TilE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COON'I'Y, PENNSYLVANIA . . . vs. . NO. 97-2563 CIVIL TERM . . . BRENl' A. GIBSON, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRICE JUDGE: Edgar B. Bayley cusroDY c:xH:ILIATICN SUlMl\RY REPCRT IN ACXXllDANCE WITH ClIlIlERLAND CXXMY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Ccnciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NJ\ME DATE OF BIRTH CURRmrLY IN CIJS'lOOY OF Mary Elizabeth Gibson November 4, 1989 Rebekah Christine Gibson September 20, 1994 Mother Mother 2. A Conciliation Conference was held on June 21, 2000, with the following individuals in attendance: The Mother, Belinda R. Coy (Gibson), with her counsel, Karl E. Rominger, Esquire, and the Father, Brent A. Gibson, with his counsel, Thomas S. Diehl, Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of the provision governing the 4th week of the partial physical custody schedule for the Father during the school year, which is the recommendation of the Conciliator after consultation with the Ccurt. ~\ . / I I ~ l'-}<~~{<-T . Dawn S. Sunday, Esqu r Custody Conciliator k~ Date SJ3. ;:)rni..... 5. Sinec the cntry or the aroremcntioned Ordcr, Rcspondent's relationship to hcr ncw husbllnd has bccomc incrcllsingly violcnt and thc children lire rrcquently subjccted to sevcrc arguments and incidcnts or domcstie violencc in Respondcnt's homc. 6. Whilc in Respondcnt's care, onc or the childrcn's grndcs hllvc bccn progressively worscning and whcn Pctitioncr lookcd into the rcasons why, hc was inrornlcd that it was largely due to homcwork not bcing eompletcd whilc in Rcspondent's care. 7. While the children are in Rcspondcnt's care, thcy arc rrcqucntly takcn to thcir mlltemal aunts or matcrnal grandmothcr's house in order to kccp thcm away rrom thc tension in Respondcnt's home and exposure to domcstie violencc and sevcre arguments betwecn Rcspondent and hcr Husband. 8. One or the ehildrcn surrers rrom rrequcnt sinus inrections duc to an cxccssivcly smoky cnvironmcnt at Rcspondcnt's rcsidencc. 9. Rcspondcnt has not rollowcd through with taking the children to thc dcntist, evcn though insurancc is providcd which covcrs chcck ups and dcntaltrcatmcnt. 10. Petitioncr has bccn married ror six years and is bCllcr ablc to provide a sarc, stablc and loving environmcnt ror the children whcre thcy will not be exposed to frcqucnt argumcnts or domcstic violcnce. II. Pctitioncr bclicves that the children should bc in his care rathcr than bcing Icft for long pcriods or time with thc matemal grandmothcr or matcmal aunt. 12. Respondcnt works a schcdulc in which she is gone many or thc hours thc ehildrcn are home aftcr school which nccessitlltes othcrs caring for thc childrcn. --- BELINDA R. COY (GIBSON), IN TilE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COON'I'Y, PENNSYLVANIA . . vs. . NO. 97-2563 CIVIL TERM . . . BREIn' A. GIBSON, . CIVIL ACTION - LAW . Defendant : IN CUSTODY aIDER OF CXXlRT J\ND N::M, this .5 th consideration of the attached and directed as follows: day of Ju..L4 , 2000, upon Custody Concil1ation Report, it is ordered 1. 'ltIe prior Order of this Court dated June 16, 1998 is vacated and replaced with this Order. 2. 'ltIe Mother, Belinda R. Gibson, and the Father, Brent A. Gibson, shall have shared legal custody of Mary Elizabeth Gibson, born November 4, 1989, and Rebekah Christine Gibson, born September 20, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Children. 3. The Mother shall have primary physical custody of the 4. During the school year, the Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:00 p.m. through Sunday at 5:00 p.m. 'ltIe school year alternating weekend schedule shall begin with the Father having custody in 2000 on September 8 and in future years on the first weekend after the new school year begins when the Father's wife has off work. In addition, during the school year, the Father shall have custody of the Children every Monday and Wednesday fran afer school until 8:00 p.m. with the exception of every fourth week when the Father shall have custody on Saturday mornings from 8:00 a.m. until 12:00 p.m. instead of Monday and Wednesday. The parties shall begin the foregoing four week cycle so that the fourth week falls on the Mother's regular weekend period of custody. EXHIBIT A 5. During the sllllll1er school break in 2000, the parties shall share having custody of the Children, with the Father having the following periods of custody: June 12 through June 18 June 26 through June 30 July 10 through July 16 July 24 through August 3 August 17 through August 26, with the exception of August 19 when the Mother shall have custody of the Children from 10:00 a.m. through 6:00 p.m. Unless otherwise provided in this provision, the foregoing periods of custody shall begin at 10:00 a.m. on the specified date and end at 4:00 p.m. on the specified date with the exception of the exchange of custody on August 26, which shall take place when the Father returns from vacation with the Children. The Mother shall have custody of the Children during the summer school break in 2000 at all times not otherwise specified for the Father. 6. During the slllllller school break in years beginning in 2001 and continuing thereafter, the parties shall share having custody of the Children on an alternating weekly basis, ...ith the exchange of custody to take place every Sunday at 6:00 p.m. The alternating weekly schedule shall begin each sunmer on the first Sunday after school ends with the parent who does not have custody of the Children on the first weekend after the close of school under the alternating weekend schedule. 7. The parties shall share or alternate having custody of the Children on holidays as follows: A. CIIRIS'DIAS: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. The Mother shall have custody of the Children during segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. AL~ IDLIDAYS: 'ltIe Mother shall have custody of the Children in even numbered years on Easter, July 4th and 'ltIanksgiving, and in odd numbered years on New Years Day, Memorial Day and Labor Day. The Father shall have custody of the Children in even numbered years on New Years Day, Memorial Day and Labor Day and, in odd numbered years, on Easter, July 4th and Thanksgiving. . The periods of custody under this provision shall run from 9:00 a.m. until 9:00 p.m. on the holiday. C. /'Ol'BER'S DAY/FM.'HER'S DAY2 'ltIe Mother shall have custody of the Children every year on Mother's Day fran 9:00 a.m. until 9:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 9:00 a.m. until 9:00 p.m. D. EIl\LI.CIiEP2iI: The parties shall alternate having custody of the Children on Halloween Trick-or-Treat night, with the Father having custody in even numbered years and the Mother having custody in odd numbered years fran 5:00 p.m. until 8:30 p.m. ~ '>:--. r- tg , PO) \.>0 .- ":;C' ""'~' \..3- ---- IL! ~- ) .' u..::. : .:: : ~.~ t: g-:)~ ~ '';,r C'c "" Cd-; I ~ -- l.:..'I,,- [2!.q c.,1 ~ .,- ~, ~ ~ 1- ..- L'_ .- .-::':" () l;;l 0 "< BELINDA R. (GIBSON) COY, : IN TI-IE COURT OF COMMON PLEAS OF Plaintirr/Rcspondcnt : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW BRENT A, GIBSON, : NO. 97-2563 DcrcndllntlPctitioncr : IN CUSTODY CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this 'J&I'h day or July, 2004, eomcs Brian C. Bonullan, Esquire, counscl or rccord ror Dcrcndant, Brcnt A, Gibson, and slates that a truc and attcstcd copy or a Petition to Modiry Custody and relatcd Ordcr orCollrt datcd July 13,2004, was scnt to Plaintiff, Bclinda R. Coy, 336 North Bcdrord Strcct, Carlisle, PA 17013, by ccrtificd mail, rcstrictcd dclivery, rcturn receipt rcqucstcd. A copy or said rcceipt is attachcd hcrcto indicating that scrvicc was madc on July 21, 2004, ~ /: ~~--- Brian C. Bornman, Esquire Allorney fol' Defel/dallt GRIFFIE & ASSOCIATES 200 North Hanovcr Strcct Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and SUbSC~~q9 to bcrore m tl is ' if.I'\ day or ....,. . Ii, 2004 - itl.cvt N ~~~~ ~'eo1lO ~~ ..... r- >- " t:;: Fl .. "'- 'J j' ...:r --\ <r, ,",' c.. .-:-... " - ();, ~ i~ rl~ 0: rJ"~j , " ~ ~~~~ ~~i '1) C) 0 :;i ~~: c") ;1", _I ,. " =) L, IIU '..1_:1_ ~1J ,:>-. -) ,; I*'~ -"" _. 1,- e...... :-.J ; ~) = U .... .