HomeMy WebLinkAbout07-1125
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
GAYLE E. GILLIGAN, Civil Action At Law---Custody
Plaintiff, Case No. 07 _ .IS
VS.
DAVID A. GILLIGAN,
Defendant,
COMPLAINT FOR CUSTODY
1. The plaintiff is Gayle E. Gilligan, residing at 40 Betty Nelson Court, Lot 157,
Carlisle, 17015 in the County of Cumberland, Commonwealth of Pennsylvania,
2. The defendant is David A. Gilligan, currently residing at 102 Royal Road, 17078
Palmyra, Commonwealth of Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Address Aae
Hailey P. Gilligan Same as Mother's dob 9/6/2001 5 Years
Kollin M. Gilligan Same as Mother's dob 7/11/2004 2 Years
4. Kollin M. Gilligan was born within wedlock and Hailey P. Gilligan was born outside
of wedlock.
5. The children are presently in the custody of plaintiff Gayle E. Gilligan, who
resides at 40 Betty Nelson Court, Lot 157, Carlisle, 17015 in the County of Cumberland,
Commonwealth of Pennsylvania,
6. During the last year the children have resided with the mother at 40 Betty Nelson
Court, Lot 157, Carlisle, 17015 in the County of Cumberland, Commonwealth of
Pennsylvania,
7. The biological mother of the children is Gayle E. Gilligan, who currently resides at
40 Betty Nelson Court, Lot 157, Carlisle, 17015 in the County of Cumberland,
Commonwealth of Pennsylvania,
8. The mother is separated from the father but remains married to the same.
9. The father of the children is David A. Gilligan and he is currently residing
102 Royal Road, 17078 Palmyra, Commonwealth of Pennsylvania.
10. The father is separated from the mother but remains married to the same.
11. The relationship of the plaintiff to the children is that of a biological Mother. The
Plaintiff currently resides with the following persons:
Name Relationship
Tanya N. Carr Girlfriend
Hailey P. Gilligan Daughter
Kollin A Gilligan Son
12. The plaintiff has not participated as a party or witness, or in another capacity, in
any other litigation concerning the custody of the child in this or another court.
13. The plaintiff has no other information of a custody proceeding concerning the child
Pending in a Court of this Commonwealth to the extent that the Order issued in the State
of Virginia while it remains the only Order entered heretofore relative to the issue of
custody neither party has resided within the State over a one year period prior to the
effective date of this complaint.
14. 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
children.
15. The best interest and permanent welfare of the children will be served
by Granting the relief requested because:
(a) The mother can and has provided a stable, predictable and permanent environment
for the children within which the children have a sense of stability and predictability
with regard to their residence.
(b) The father insists that the children should be enrolled in his school district, despite
the fact that he is a member of the armed forces of the National Guard and may be
transferred involuntarily overseas which would circumvent the biological mother's
ties with her children and place their well being in the hands of third parties.
(c) The father is cohabitating with several individuals which disturbs, disrupts, and
disadvantages the children's educational, emotional, and familial lifestyle.
(d) Plaintiff, believes and therefore avers that she can continue to provide a
predictable and stable lifestyle which will be in the best interest of the children
during their formative years and throughout their lives.
WHEREFORE, Plaintiff, Gayle E. Gilligan, respectfully requests for the
aforementioned reasons, that the court grant and award her primary physical custody of
the children Hailey & Kollin Gilligan.
. %
Dated:
4/07
GREGORY S. HAZLETT
k It i) i7u-aauv
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
& 4904 relating to unsworn falsification to authorities
Date. °Z G _ `j 7
'L64
Gayle E. Gilligan, Pla'
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GAYLE E. GILLIGAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID A. GILLIGAN
DEFENDANT
07-1125 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, March 07, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 16, 2007 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 age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ john j. Mangan, Jr., Esq.
Custody Conciliator jj.
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
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GAYLE E. GILLIGAN : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 07-1125 Civil Term
DAVID A. GILLIGAN
Defendant : ACTION IN CUSTODY
COURT ORDER
AND NOW, this f" day of September, 2007, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. Legal Custody: The Mother, Gayle Gilligan and the Father, David Gilligan, shall
enjoy shared legal custody of the minor children, Hailey P. Gilligan, born 9/6/01
and Kbllin M. Gilligan, born 7/11/04. The parties 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. Pursuant to the terms
of 23 Pa.C.S.§5309, each parent shall be entitled to all records and information
pertaining to?the children including, but not limited to, medical, dental, religious
or school records, the residence address of the children and of the other parent.
To the extent one parent has possession of any such records or information, that
parent shall be required to share the same, or copies thereof, with the other parent
within such reasonable time as to make the records and information of reasonable
use to the other parent.
2. Physical Custody: The Mother and Father shall share physical custody pursuant
to the following schedule. During the school year, Father shall have physical
custody of the Children from every Thursday 5:00 pm, picking up the Children at
the baby-sitter's residence, or Mother's residence, until Monday morning at 7:00
am. During the summer break for school, the parties shall share physical custody
on a week on/week off schedule as the parties may agree. The exchange times
and locations` can be altered as mutually agreed to.
3. Absent mutual agreement, the Children shall attend the Big Spring School
District.
4. The non-custodial .parent shall be entitled to have reasonable liberal telephone
contact with the Children. " .
5. In th? event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
6. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Children from the other parry, or injure the opinion
of the Children' as to the other party, or may hamper the free and natural
development of the Children's love or affection for the other party.
7. During any periods. of custody or visitation, the parties shall not possess or use
controlled substances or consume/be under the influence of alcoholic beverages to
the point of intoxication. The parties shall likewise assure, to the extent possible,
that other household members and/or house guests comply with this provision.
8. Holidays and birthdays shall be alternated and arranged as mutually agreed upon.
9. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY CO
J.
Cc: Stacey Wolf, Esquire
Gregory Hazlett, Esquire 62oI1 kc ? t
John J. Mangan, Esquire
A3S L
GAYLE E. GILLIGAN : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-1125 Civil Term
DAVID A. GILLIGAN
Defendant : ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Hailey P. Gilligan 9/6/01 Mother
Kollin M. Gilligan 7/11/04 Mother
2. A Conciliation Conference was held on March 16, 2007 with the following
individuals in attendance:
The Father, David Gilligan, with his counsel, Stacey Wolf, Esquire
The Mother, Gayle Gilligan, with her counsel, Gregory Hazlett, Esquire
3. The parties agreed to the entry of an Order in the f as ttached.
Date:
John . M gan, Esquire
Cus v onciliator
ABOM CSZ'
ICuTULAcis
Kara W. Haggerty, Esquire
Attorney I:D. #: 86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
GAYLE E. GILLIGAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID A. GILLIGAN,
Defendant
: NO. 07-1125 Civil Term
IN CUSTODY
MOTION TO MODIFY CUSTODY
AND NOW, comes the Petitioner, David A. Gilligan, by and through his attorney Kara W.
Haggerty, Esquire, of Abom & Kutulakis, L.L.P. and files the following Motion to Modify Custody:
1. By Court Order dated September 11, 2007 Mother and Father were awarded shared
legal and physical custody of the minor children, Hailey P. Gilligan, born September 6, 2001 and
Kollin M. Gilligan, born July 11, 2004. (A copy of the September 11, 2007 Order of Court is attached
hereto as Exhibit A.)
2. This Order should be modified for the following reasons:
a. By mutual agreement, Father and Mother have not been operating under the
September 11, 2007 Order of Court.
b. The custody arrangement between the parties has been such that Father
exercises custody on alternating weekends from Friday evening through Sunday evening.
C. The transportation for the custody arrangement has been that Father would pick
up the children from Mother's home on Fridays and the parties would meet at Bass Pro Shop in
Harrisburg for the return custody exchange.
d. Mother has refused to meet Father at Bass Pro Shop on Sundays consequently
requiring Father to do all the transportation for the custody exchanges.
It is believed and therefore averred that transportation should be shared between the
parties such that the receiving party should do the transportation.
4. It is believed and therefore averred that when the children are with Mother, Mother does
not answer to accept all of Father's telephone calls.
5. Father is currently enlisted in the military and is scheduled to be deployed in February
2009.
6. It is believed and therefore averred that it is in the best interest of the children for them
to speak with their Father on a regular basis when he is deployed.
7. Father has remarried and the children have developed a relationship with their
stepmother.
8. It is believed and therefore averred that it is in the best interest of the children for them
to maintain a relationship with their stepmother while their Father is deployed.
9. It is believed and therefore averred that it is in the best interest of the children for them
to maintain regular telephone contact with their stepmother with scheduled calls on a weekly basis.
10. It is believed and therefore averred that it is in the best interest of the children for
stepmother to be granted physical custody of the children one weekend per month for the period that
Father is deployed.
WHEREFORE, it is respectfully requested that Petitioner's request for Modification be granted
and the Court enter an Order that grants the following:
a. Grant Mother and Father shared legal custody;
b. Grant Mother primary physical custody;
r
C. Grant Father partial physical custody on alternating weekends consistent with the
schedule the parties have been maintaining;
d. Order the parties to share transportation such that the receiving party shall do the
transportation for the custody exchanges;
Order the parties to set a telephone schedule, particularly for when Father is deployed
with the military;
f. Allow the children's stepmother to exercise partial physical custody one weekend per
month for the time period that Father is deployed;
g. Grant such other relief as the Court deems appropriate.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
Date: 3? ?( C?Z PC liC' . l f ??
Kara W. Haggerty, Esq
36 South Hanover St
Carlisle, PA 17013
(717) 249-0900
ID #86914
f
VERIFICATION
I, DAVID GELLIGAN, verify that the statements made in this Motion to Modify Custody are true
and correct to the best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904
Date 2 3 ® CTO
to unworn falsification to authorities.
CERTIFICATE OF SERVICE
AND NOW, this?t-aay of October, 2008, I, Kara W. Haggerty, E
squire of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the
foregoing Motion for Modification of Custody by First Class U.S. Mail addressed to the following:
Gayle Gilligan
74 Tip Top Circle
Carlisle, PA 17015
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IZ
:
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GAYLE E. GILLIGAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2007-1125 CIVIL ACTION LAW
DAVID A. GILLIGAN
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, November 06, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 08, 2008 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ 1612n j. Man an r. Es .
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
i r ,.)_fN
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DEC
GAYLE E. GILLIGAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID A. GILLIGAN
: No. 07-1125 Civil Term
Defendant : ACTION IN CUSTODY
Prior Judge: Kevin A. Hess, J.
COURT ORDER
AND NOW, this ?_ day of December 2008, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that:
1. The prior Order dated September 11, 2007 is hereby VACATED and replaced with this Order.
2. Legal Custody: The Mother, Gayle Gilligan and the Father, David Gilligan, shall enjoy shared
legal custody of the minor children, Hailey P. Gilligan, born 9/6/01 and Kollin M. Gilligan,
born 7/11/04. The parties 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.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the children including, but not limited to, medical, dental, religious or
school records, the residence address of the children and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
3. Physical Custody: The Mother shall have primary physical custody of the Children subject to
Father's partial physical custody as follows:
a. Father shall have alternating weekends from Friday at 5:00 pm until Sunday at
5:00 pm. Father shall pick the Children up on Friday at the Carlisle State Police
Station and the parents shall meet on Sunday at the Bass Pro Shop in Harrisburg
for the custody exchanges. It is specifically understood that should Father be
unable to exercise custody for a particular weekend due to employment
obligations, all reasonable efforts shall be made to arrange for an alternate
weekend.
b. Once Father is deployed due to his military obligations, the Children's step-
mother shall have partial physical custody of the Children the second Saturday
of every month from noon until 5:00 pm. Absent mutual agreement otherwise,
Step-mother shall pick the Children up on Saturday at noon at the Carlisle State
Police Station and the Mother and Step-mother shall meet at 5:00 pm at the Bass
Pro Shop in Harrisburg for the custody exchanges.
C. Father's physical custodial time, and Step-mother's time on Saturday, may be
expanded by mutual agreement between Mother and Father.
d. The exchange times and locations may be altered as mutually agreed to.
4. It is understood that Father shall make all reasonable efforts to be physically present for his
scheduled custodial periods.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the
Children. Once Father is deployed, the Children's Step-mother shall also have reasonable
telephone contact with the Children.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party.
8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed
controlled substances or consumelbe under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. For Christmas 2008, Father shall have custody of the Children from Christmas Eve, 12/24, at
5:00 pm until Christmas Day, 12/25, at noon. Father shall pick the Children up at the Carlisle
State Police Station on 12/24 and the parents shall meet on 12/25 at the Bass Pro Shop in
Harrisburg for the custody exchanges. All other holidays and birthdays shall be alternated and
arranged as mutually agreed upon.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
BY THE OURT,
?f
J.
Cc: ! a ?W, Haggerty, Esquire
gory Hazlett, Esquire
?John J. Mangan, Esquire
I..(Q (as
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GAYLE E. GILLIGAN
Plaintiff
V.
DAVID A. GILLIGAN
Defendant
Prior Judge: Kevin A. Hess, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07-1125 Civil Term
: ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Hailey P. Gilligan 9/6/01 Mother
Kollin M. Gilligan 7/11/04 Mother
2. A Conciliation Conference was held on April 10, 2007, an Order issued September 11,
2007 and a conciliation conference was held December 8, 2008 with the following
individuals in attendance:
The Father, David Gilligan, with his counsel, Kara Haggerty, Esquire
The Mother, Gayle Gilligan, with her counsel, Gregory Hazlett, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date:
John . N gar Esquire
Cust dy onciliator
Alom ?'
Ur.nicis
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
GAYLE E. GILLIGAN,
Plaintiff
V.
DAVID A. GILLIGAN,
Defendant
O THE PR Tl1UlUTPjjqy
2011 JUL 18 PM 4: 13
UUMBERLANd CUU TY
REINSYLVA,yA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1125 Civil Term
: IN CUSTODY
AND NOW, comes the Petitioner, David A. Gilligan, by and through his attorney Kara W.
Haggerty, Esquire, of Abom & Kutulakis, L.L.P. and files the following Motion to Modify Custody:
1. By Court Order dated December 9, 2008 Mother and Father were awarded shared legal
custody of the minor children, Hailey P. Gilligan, born September 6, 2001 and Kollin M. Gilligan,
born July 11, 2004. Mother has primary physical custody and Father has partial physical custody on
alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m.(A copy of the December 9,
2008 Order of Court is attached hereto as Exhibit A.)
2. This Order should be modified for the following reasons:
a. Father is requesting primary custody of Kollin M. Gilligan.
b. Kollin currently attends school in the Carlisle Scholl District, where Mother
resides.
C. Kollin is struggling in the Carlisle School District and Father believes it is in the
best interest of the child to enter the Palmyra School District, where Father resides.
.J'1D. oo P a A 77Y
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d. Father also believes Kollin needs a strong male influence and role model in his
life.
e. Further Father believes the children's separation will not be detrimental to their
relationship because the children will be together on alternating weekends.
WHEREFORE, it is respectfully requested that Petitioner's request for Modification be granted
and the Court enter an Order that grants the following:
a. Grant Mother and Father shared legal custody;
b. Grant Mother primary physical custody of Hailey P. Gillian;
C. Grant Father primary physical custody of Kollin M. Gillianon
d. Grant Father partial physical custody of Hailey P. Gillian on alternating weekends
consistent with the schedule the parties have been maintaining;
e. Grant such other relief as the Court deems appropriate.
Date: t f
Respectfully submitted,
ABOM & KUTULAKIS, LLP
I ?). i4mv,? ( h
Kara W. Haggerty, E? J r
2 West High Street v
Carlisle, PA 17013
(717) 249-0900
ID #86914
ON 0 8 ?_C[t36
GAYLE E. GILLIGAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-1125 Civil Term
DAVID A. GILLIGAN
Defendant : ACTION IN CUSTODY
Prior Judge: Kevin A. Hess, J.
COURT ORDER
AND NOW, this 9-9-\ day of December 2008, upon consideration of the attached Custod
Conciliation Report, it is ordered and directed that: y
1. The prior Order dated September 11, 2007 is hereby VACATED and replaced with this Order.
2. Legal Custody: The Mother, Gayle Gilligan and the Father, David Gilligan, shall enjoy shared
legal custody of the minor children, Hailey P. Gilligan, born 9/6/01 and Kollin M. Gilligan,
born 7/11/04. The parties 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.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the children including, but not limited to, medical, dental, religious or
school records, the residence address of the children and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
3. Physical Custody: The Mother shall have primary physical custody of the Children subject to
Father's partial physical custody as follows:
a• Father shall have alternating weekends from Friday at 5:00 pm until Sunday at
5:00 pm. Father shall pick the Children up on Friday at the Carlisle State Police
Station and the parents shall meet on Sunday at the Bass Pro Shop in Harrisburg
for the custody exchanges. It is specifically understood that should Father be
unable to exercise custody for a particular weekend due to employment
obligations, all reasonable efforts shall be made to arrange for an alternate
weekend.
b. Once Father is deployed due to his military obligations, the Children's step-
mother shall have partial physical custody of the Children the second Saturday
of every month from noon until 5:00 pm. Absent mutual agreement otherwise,
Step-mother shall pick the Children up on Saturday at noon at the Carlisle Stat
Police Station and the Mother and Step-mother shall meet at 5:00 pm at the Ba
Pro Shop in Harrisburg for the custody exchanges.
C. Father's physical custodial time, and Step-mother's time on Saturday, may be
expanded by mutual agreement between Mother and Father. W
d. The exchange times and locations may be altered as mutually agreed to.
4. It is understood that Father shall make all reasonable efforts to be physically present for his
scheduled custodial periods.
5. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the
Children. Once Father is deployed, the Children's Step-mother shall also have reasonable
telephone contact with the Children.
6. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party.
8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed
controlled substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. For Christmas 2008, Father shall have custody of the Children from Christmas Eve, 12/24, at
5:00 pm until Christmas Day, 12/25, at noon. Father shall pick the Children up at the Carlisle
State Police Station on 12/24 and the parents shall meet on 12/25 at the Bass Pro Shop in
Harrisburg for the custody exchanges. All other holidays and birthdays shall be alternated and
arranged as mutually agreed upon.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
BY THE COURT,
J.
Cc: Kara Haggerty, Esquire
Gregory Hazlett, Esquire
John I Mangan, Esquire
nu i
l..
GAYLE E. GILLIGAN
Plaintiff
V.
DAVID A. GILLIGAN
Defendant
Prior Judge: Kevin A. Hess, J.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07-1125 Civil Term
ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Hailey P. Gilligan 9/6/01 Mother
Kollin M. Gilligan 7/11/04 Mother
2. A Conciliation Conference was held on April 10, 2007, an Order issued September 11,
2007 and a conciliation conference was held December 8, 2008 with the following
individuals in attendance:
The Father, David Gilligan, with his counsel, Kara Haggerty, Esquire
The Mother, Gayle Gilligan, with her counsel, Gregory Hazlett, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date:
John gran, Esquire
Custody onciliator
r
VERIFICATION
I, DAVID GILLIGAN, verify that the statements made in this Motion to Modify Custody are true
and correct to the best of my knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date j k/ N
DAVID GILLIG
CERTIFICATE OF SERVICE
AND NOW, this ?---day of July, 2011, I, Kara W. Haggerty, Esquire of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the
foregoing Motion for Modification of Custody by First Class U.S. Mail addressed to the following:
Gayle Gilligan
74 Tip Top Circle
Carlisle, PA 17015
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Kara W. Haggerty, E re
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GAYLE E. GILLIGAN IN THE COURT OF COMMON PLEAS OF M
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PLAINTIFF PENNSYLVA
CUMBERLAND COUNTY
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V. 2007-1125 CIVIL ACTION LAW 7
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DAVID A. GILLIGAN - SV-
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, July 20, 2011 -, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 26, 2011 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ John . Mangan, r. Es .
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
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?C ?iri+? Telephone (717) 249-3166
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GAYLE E. GILLIGAN IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 07-1125 Civil Term
DAVID A. GILLIGAN
Defendant : ACTION IN CUSTODY
Prior Judge: Kevin A. Hess, J.
COURT ORDER
AND NOW, this IJ • day of October 2011, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. The instant Order hereby supersedes all prior Orders entered in this matter.
2. Legal Custody: The Mother, Gayle Gilligan and the Father, David Gilligan, shall
enjoy shared legal custody of the minor children, Hailey P. Gilligan, born 9/6/01
and Kollin M. Gilligan, born 7/11/04. The parties 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. Pursuant to the terms
of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the children including, but not limited to, medical, dental, religious
or school records, the residence address of the children and of the other parent.
To the extent one parent has possession of any such records or information, that
parent shall be required to share the same, or copies thereof, with the other parent
within such reasonable time as to make the records and information of reasonable
use to the other parent.
3. Physical Custody: The Mother shall have primary physical custody of the
Children subject to Father's partial physical custody as follows:
a. During the school year, Father shall have alternating weekends
from Friday at 6:00 pm until Sunday at 6:00 pm. The parents shall
meet at the Home Depot on Friday and shall meet again at the Bass
Pro Shop on Sunday for the custody exchanges.
b. During the summertime, father shall have custody on alternating
weekends with one weekend from Friday 6 pm until Sunday 6 pm
and the other weekend shall be from Thursday 6 pm until Monday
6 pm. Father shall give Mother reasonable adequate notice of his
extended weekends. The parents shall meet at the Home Depot on
Thursday and meet at the Bass Pro Shop on Monday.
C. It is specifically understood that should Father be unable to
exercise custody for a particular weekend due to employment
obligations, all reasonable efforts shall be made to arrange for an
alternate weekend.
d. Once Father is deployed due to his military obligations, the
Children's step-mother shall have partial physical custody of the
Children the second Saturday of every month from noon until 5:00
pm. Absent mutual agreement otherwise, Step-mother shall pick
the Children up on Saturday at noon at the Home Depot and the
Mother and Step-mother shall meet at 5:00 pm at the Bass Pro
Shop in Harrisburg for the custody exchanges.
e. Father's physical custodial time, and Step-mother's time on
Saturday, may be expanded by mutual agreement between Mother
and Father.
f. The exchange times and locations may be altered as mutually
agreed to.
4. It is understood that Father shall make all reasonable efforts to be physically
present for his scheduled custodial periods.
5. The non-custodial parent shall be entitled to have reasonable liberal
telephone/text/email contact with the Children. Once Father is deployed, the
Children's Step-mother shall also have reasonable telephone contact with the
Children.
6. In the event of a medical emergency, the custodial party shall notify the other
party as soon as possible after the emergency is handled.
7. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Children from the other party, or injure the opinion
of the Children as to the other party, or may hamper the free and natural
development of the Children's love or affection for the other party.
During any periods of custody or visitation, the parties shall not possess or use
non-prescribed controlled substances or consume/be under the influence of
alcoholic beverages to the point of intoxication. The parties shall likewise assure,
to the extent possible, that other household members and/or house guests comply
with this provision.
9. All holidays and birthdays shall be alternated and arranged as mutually agreed
upon. In the absence of agreement, the parties may contact the assigned
conciliator for assistance.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties
may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
P.J.
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Cc: ?Kara Haggerty, Esquire !'
?Gregory Hazlett, Esquire ?z> --
V John J. Mangan, Esquire p„ ? -
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GAYLE E. GILLIGAN
Plaintiff
V.
DAVID A. GILLIGAN
Defendant
Prior Judge: Kevin A. Hess, P.J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1125 Civil Term
ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Hailey P. Gilligan 9/6/01 Mother
Kollin M. Gilligan 7/11/04 Mother
2. A Conciliation Conference was held on April 10, 2007, an Order issued
September 11, 2007, a conciliation conference was held December 8, 2008, an
Order issued December 09, 2008 and a conference was held August 26, 2011
with the following individuals in attendance:
The Father, David Gilligan, with his counsel, Kara Haggerty, Esquire
The Mother, Gayle Gilligan, with her counsel, Gregory Hazlett, Esquire
3. The parties agreed to the entry of an Order in the form as attached.
Date:
Jo L gan, Esquire
Cus od Conciliator