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DOBBY J. GAISKI, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 98-3039 CIVIL TERM
.
. CIVIL ACTION - LAW
.
AMY J. GAISKI, :
Defendant . IN CUSTODY
.
ORDER OF <XXlR'l'
AND NCW, this 17.,,,, j day of J I.J l ~
consideration of the attached Custody Conciliatio
and directed as follows:
, 1998, upon
Report, it is ordered
1. The Father, Dobby J. Gaiski, and the Mother, Amy J. Gaiski, shall
have shared legal custody of Ciera D. Gaiski, born June 1, 1995. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Child's
general well-being inClUding, but not limited to, all decisions regarding
her health, education and religion.
2. The parties shall have custody of the Child as follows:
A. The Father shall have physical custody of the Child at all
times not otherwise specified for Mother in this Order.
B. The Mother shall have physical custody of the Child every week
on Monday through Wednesday and on alternating Thursdays from
6:00 a.m. until 3:30 p.m. each day. The alternating Thursday
period of daytime custody shall begin on July 23, 1998.
C. In addition to the times specified for Mother under
Subparagraph B, the Mother shall have custody of the Child
from Sunday, July 26, 1998 at 5:30 p.m. until Monday July 27,
1998 at 3:30 p.m.
D. Also in addition to the times specified for Mother under
subparagraph B, beginning August 2, 1998, the Mother shall
also have custody of the Child every week from Sunday at 5:30
p.m. until Tuesday at 3:30 p.m., with the Father having a
period of custody on Mondays from 3:30 p.m. until 9:30 p.m. '
E. Notwithstanding the above provisions, the Father shall have an
uninterrupted vacation period of custody with the Child from
August 8, 1998 through August 16, 1998 at 5:30 p.m.
F. The Mother shall have custody of the Child for one
uninterrupted week for vacation at anytime during the year
upon providing thirty (30) days advance notice to the Father.
The Mother shall not schedule her period of vacation custody
to interfere with the Child's school attendance.
3. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Mother shall have custody of the child every
year on Christmas Eve and the Father shall have custody of the
Child every year on Christmas Day.
B. Alternating Holidays: The parties shall alternate the
following holidays beginning with the Mother having custody of
the Child on Thanksgiving in 1998 - Thanksgiving, Easter,
MelllOdal Day, July 4th and Labor Day.
C. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day.
D. Specific times for exchanges of custody over holidays shall be
arranged by mutual agreement of the parties. The holiday
custody schedule shall supersede and take precedence over the
regular custody schedule.
4. The party relinquishing custody shall be responsible to provide
transportation for the exchange of custody. The parties shall transfer the
car seat along with transfer of custody of the Child.
5. Neither party shall consume alcoholic beverages during his or her
periods of custody with the Child.
6. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent.
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7. The parties and their counsel shall attend a second Custody
Conciliation Conference in the office of the Conciliator, Dawn S. Sunday,
Esquire, on September 3, 1998 at 9:00 a.m.
7. This Order is entered pursuant to 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.
BY THE COURT,
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Lee E. Oesterling, Esquire - Counsel for Father _
Kevin S. Blanton, Esquire - Counsel for Mother ~ ~
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OOBBY J. GAISKI, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VB. NO. 98-3039 CIVIL TERM
.
.
AMY J. GAISKI, . CIVIL ACTION - LAW
.
Defendant : CUSTODY
PRIm JUDGE: J. Wesley Oler, Jr.
CUSTODY aECILIATIOO SUMMARY REPCRl'
IN ACXXlIDANCE WITH cnmERLAND cn:Jm'll' RULE OF CIVIL PROCEIXlRB
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
June 1, 1995
<llRRENTLY IN CUSTODY OF
2. A Conciliation Conference was held on September 9, 1998, with the
following individuals in attendance: The Father, Dobby J. Gaiski, with his
counsel, Lee E. Oesterling, Esquire, and the Mother, Amy J. Gaiski, with
her counsel, Kevin S. Blanton, Esquire.
ciera D. Gaiski
Father
3. The parties agreed to entry of an Order in the form as attached.
~ (';".-..J,/M q /99,f
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Dawn S. Sunday, Esquire
CUstody Conciliator
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DOBBY J. GAISKI,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
v.
CIVIL ACTION - CUSTODY
AMY J. GAISKI,
Defendant/Petitioner
NO. 98-3039 CIVIL TERM
ORDER
AND NOW, upon consideration of the attached Petition, it is
hereby directed that the parties and their respective counsel
Esquire, on the
d
Conciliator ~...J(\:;" .s. 1'\\''0-...1
day of WI" r ,'"' , 1999 at
appear before the Custody
~:oa ~.m. at the following location: 33 W, HC1\(\ 0+.)
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"tAs:-c\--.rr\\( Sh-^,5 )pf:>... for a Pre-Hearing
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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 or upon
request of either party. Failure to appear at the Conference may
provide grounds for entry of a temporary or permanent Order.
FOR THE COURT
Date: ,\(5\'0('\\"--\ ~,"K
I
, 1999
~~n)\\ Jj . ~I~~-. OJ! '
Custody Conference Offi r (.\L,)
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
. '
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.
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities 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.
By:
Blan 0 , Esquire
Attorney I.D.# 74664
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Attorney for Defendant/Petitioner
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DOBBY J. GAISKI,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
v.
CIVIL ACTION - LAW
AMY J. GAISKI,
Defendant/Petitioner
NO. 98-3039 CIVIL TERM
CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, comes the Petitioner, Amy J. Gaiski by and through
her attorneys, Wix, Wenger and Weidner and requests this Honorable
Court to modify the Custody Order in the above-referenced case and
in support thereof states as follows:
1. The Petitioner, Amy J. Gaiski is the natural mother of
the child, Ciera D. Gaiski (age 3, d.o.b. 6/1/95), and currently
resides at 2105 Warren Way, Mechanicsburg, Pennsylvania 17055.
2. The Respondent, Dobby J. Gaiski, is the natural father of
the said child, and currently resides at 417 Hogestown Road,
Mechanicsburg, Pennsylvania 17055.
3. On September 11, 1998, the Honorable Judge Wesley Oler
entered an Order of Court, a copy of which is attached hereto and
incorporated herein and by reference, that grants mother one periOd
of partial custody per week beginning on Sunday at 5:30 p.m. and
concluding on Monday at 3:30 p.m.
4. Since the entry of the September 11, 1998 Order, there
has been a significant change in circumstances in the following
matter:
a. Petitioner agreed to the entry of the September 11,
1998 Order as a temporary measure because of her
inflexible and demanding schedule. Petitioner has
successfully completed her current school requirements
and will graduate shortly. As such, Petitioner's
schedule has become more flexible and she desires to
resume increased periods of partial physical custody with
the parties' daughter.
b. Respondent has been unfairly and recklessly using
the within custody proceeding to retaliate against
Petitioner and to delay the dissolution of parties'
marriage, without regard for the best interest of the
parties' child.
c. Petitioner, based on information and belief,
believes that Respondent is not capable of adequately
providing for the emotional, medical and daily needs of
the parties' child and as such asserts that the best
interest of the child necessitates that custody be
modified as contained herein.
5. The best interest of the minor child will be served by
the Court modifying its Order of Custody in the above matter.
WHEREFORE, the Petitioner prays the Court to modify the
Custody Order and grant the following relief:
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DOBBY J. GAISKI, . IN THE COURT OF CClMMOO PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. NO. 98-3039 CIVIL TERM
AMY J. GAISKI, : CIVIL ACTION - LAW
Defendant CUSTODY
PRIm JUDGE: J. WeBley Oler, Jr.
<nsTODY ~IATICN SlHW{y REPalT
IN AClXImllNCE w.r.m <UmERLAND lD:mY RIlLE OF CIVIL ~ 'I<IJUHB
1915.3-S, the Imdersigned CUstody Conciliator submits the following report:
I. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
~
Ciera D. Gaiski
DAm OF BIImf
CVR!lmTLy IN aBl'ClDY OF
June I, 1995
Father
2. A Conciliation Conference was held on September 9, 1998, with the
following' individuals in attendance: The Father, Dobby J. Gaiski, with his
counsel, Lee E. Oesterling, Esquire, and the Mother, Amy J. Gaiski, with
her counsel, Kevin S. Blanton, Esquire.
3. ~e parties agreed to entry of an Order in the form as attached.
'<;Of" ~-J,M $ /9'1,f
Date
tO~. __~/~
Dawn S. Sunday, Esquire
CUstody Conciliator
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DOBBY J. GAISKI,
Plaintiff
: IN THE COURT OF cex-lMON PLEAS OF
: CUMBERLAND CCUNTY, PENNSYLVANIA
.
.
vs.
: NO. 98-3039 CIVIL TERM
.
.
AMY J. GAISKI,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
CIIDER OF CXXlRT
ANlHui, this 11tJ.., day of ~P-t.~
consideration of the attached CUstody Conclllatlon Report,
and directed as follows:
, 1998, upon
it is ordered
1. 'lbe prior order of this court dated July 22, 1998 is vacated and
replaced with this Order.
2. 'lbe Father, Dobby J. Gaiski, and the Mother, Amy J. Gaiski, shall
have shared legal custody of Ciera D. Gaiski, born June I, 1995. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Child's
general well-being including, but not limited to, all decisions regarding
her health, education and religion.
3. '!be Father shall have primary physical custody of the Child.
4. The Mother shall have partial physical custody of the Child every
week from Sunday at 5:30 p.m. until Monday at 3:30 p.m.
5. 'lbe parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Mother shall have custody of the Child every
year on Christmas Eve and the Father shall have custody of the
Child every year on Christmas Day.
B. Alternating Holidays: Th.e parties shall alternate the
fOllowing holidays beginning with the Mother having custody of
the Child on Thanksgiving in 1998 - Thanksgiving, Easter,
Memorial Day, July 4th and Labor Day.
C. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall,have
custody of the Child every year on Father's Day.
D. Specific times for exchanges of custody over holidays shall be
arranged by mutual agreement of the parties. The holiday
custody schedule shall supersede and take precedence over the
regular custody schedule.
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1. Paragraph 4 shall read "The Mother shall have periods of partial custody in
accordance with the following schedule:
(a) Mother shall have two (2) overnight periods of partial custody in
each consecutive week, (a week consisting of every Monday through
Sunday), provided that she gives father at least 24 hours notice of her
intention to do so. The parties understand that said notice is not to
place constraints upon mother, but to allow for flexibility in the
parties' schedules and to avoid conflicts as to pre-planned activities
with the Child, Additionally, and to the extent that the parties cannot
otherwise agree, when exercising periods of partial custody, pickup
will be at 5:30 p.m, and drop off at 3:30 p.m,
(b) Mother shall have other periods of partial custody from time to time
as the parties may mutually agree,
(c) Father shall endeavor whenever practicable to offer Mother the
opportunity to have partial custody of the child when the alternative
would provide for supervision by someone other than Father or the
usual daycare provider. "
2, Paragraph 6 shall be modified to read "The parties' shall each have two non-
consecutive but uninterrupted weeks of vacation during the year, provided that each
party gives to the other at least thirty (30) days notice and that the vacation does not
interfere with the Child's school attendance,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOBBY J. GAISKI
Plaintiff,
No, 98-3039 Civil Term
v,
Civil Action - Custody
AMY J. GAISKI
Defendant
ORDER
AND NOW, this
day of
1999, upon presentation and
Consideration of the attached stipulation and agreement and upon agreement of the par~ies, it is hereby
ORDERED and DECREED that the attached agreement is made an Order of Court.
BY THE COURT,
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