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HomeMy WebLinkAbout01-04602KARIN SIMPSON GUTSHALL, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION - LAW :IN CUSTODY CHARLES E. GUTSHALL, Defendant iNO. 2001-4602 CIVIL TERM PRAECIPE TO ENTER APPEARANCE T0: Cumberland County Prothonotary Please enter my appearance as counsel for the Plaintiff in the above- captioned custody action. Dated: ~ a ~ D Ruby D. Weeks, Esquire 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 ~I ~ i ^PS :~ ~.~ ti _T' y ~ C &p ~i? ~ ma ';. ~. . *~t... w+ C~ ~ 7 T1 1 ~~ ~ " ~., . ; Cif X511 p~V W Simpson, Karin From: Monda ai NRembes 101n2003 0:11 AM Tong Gutshall, Karin Subject: Re: FW: this coming weekend Importance: High Karin -- -- We need to talk about this scheduling. Its not working. Caroline dislikes it very much. The boys don't like it either. I'm hopeful you can put aside your wants and think of the kids. It would be much better for them to go back to the way it was at least until Caroline goes back to college. Let me know when-you want to talk about this.......Charlie - NOTICE: This e-mail-transmission, including any attachments,~may contain confidential information protected by the attorney-client or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this e-mail in error, please notify the sender by reply e-mai_1 or by calling Rhoads & Sinon LLP at 717-.233.5731 and then delete the erroneous transmission from your system without copying it. Thank you. ~IBi~° i Simpson, Karin From: Gutshall, Karin Sent: Wednesday, October 01, 2003 2:47 PM To: 'CGutshall@rhoads-sinon.com' Subject: weekends Charlie - how do you want to set up weekends? I'd be willing to start my weekend as of the 11th -even tho' I would only have Em and Caroline, since you'll have Matty in Cape May - as long as I could have Caroline on Sat. this weekend, to get her ready and send her off for Homecoming. I'll assume we'll do it that way, unless I hear something to the contrary from you. Also - I was thinking we could do it this way, my weekend, then Caroline, then your weekend, then the boys, continue to rotate that way. Karin CONFIDENTIALITY NOTICE: This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmissions shall not constitute a waiver of the attorney-client or any other privilege. Simpson, Karin From: Gutshall, Karin Sent: Monday, October 20, 2003 12:34 PM To: 'CGutshall@rhoads-sinon.com' Cc: 'ddenison@epix.net'; 'lawandes@aol.com' Subject: first full weekend Charlie - I'd like this coming weekend to be my first full weekend with the kids. Which means they would get off the bus at my house on Fri. Next Thurs. the 30th Caroline has a well child visit with Dr. Setzer (a woman) at Jones/Daly at 8:00 a.m. -it's the well child visit I had scheduled some months ago (not realizing it was on a Thurs.). Well-child visits are hard to schedule, you don't get the appointment for at least 3 months after you ask, and you pretty much have to accept times the dr. is available. I would just as soon not reschedule. I'll take her, or you can. Finally, did you receive notice of Em being tested for the S.I. program? Did you receive any results? I'd appreciate being informed. Karin CONFIDENTIALITY NOTICE: This electronic mail transmission is privileged and co~dential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmissions shall not constitute a waiver of the attorney-client or any other privilege. •Simpson, Karin From: Gutshall, Karin Sent: Friday, October 24, 2D03 8:54 AM To: 'CGutshall@Rhoads-Sinon.com'; Deb Cantor Cc: Gutshall, Kar+n; lawandes@aol.com Subject: RE: custody schedule The problem is, Charlie - you didn't tell ME that. I should know when the kids are going to get off the bus at my house and when I will have responsibility for them. I don't understand why this needs to be this difficult - and why ydu refuse to communicate with me regarding the kids - with the result that I am forced to ask my lawyer to ask your lawyer whether you will comply with the new custody schedule, and when. Karin -----Original Message----- From: CGutshall@Rhoads-Sinon.com [mailto:CGUtshall@Rhoads-Sinon.com] Sent: Thursday, October 23, 2003 5:18 PM To: Deb Cantor Cc: kgutshall@state.pa.us; lawandes@aol.com Subject: Re: custody schedule Importance: High Deb -- -- I already told the kids to get off at their Mother's house after school tomorrow, Don't see what the problem is..........Charlie "Deb Cantor" <ddenison@epix.ne t> To <lawandes@aol.com> 10/23/2003 05:17 cc PM <CGutshall@rhoads-sinon.com>, <kgutshall@state.pa.us> Subject custody schedule I attempted to contact you regarding the parties custody order and my client's inability to exercise her full weekend. I have yet to hear from you. It is my expectation that the children will spend this weekend with their mother and the schedule outlined in the order will continue thereafter. It is ridiculous that this had not occurred to date. Given that we have a four party conference scheduled next week cooperation in this regard takes on a particular importa~~ce. 1 Debra Aenison Cantor Reager & Adler, P.C. 2331 Market Street Camp Hill, Pa 17011 717-763-1383 Ext.136 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. NOTICE: This e-mail transmission, including any attachments, may contain confidential information protected by the attorney-client or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this e-mail in error, please notify the sender by reply e-mail or by calling Rhoads & Si.non LLP at 717.233.5731 and then delete the erroneous transmission from your system without copying it. Thank you. 2 Simpson, Karin From: Gutshall, Karin Sent: Monday, November 10, 2003 10:07 AM To: 'CGutshall@rhoads-sinon.com' Subject: this coming weekend Charlie, unless I hear to the contrary from you, I'll plan to have the boys this weekend, starting Sat. at noon. I would ordinarily have Caroline, but since she's with your family, I think that should count as your time, and I will get her the next weekend. If you're willing to do that, I will take Thanksgiving weekend as my next full weekend. We'll just switch the weekends of the 22nd and the 29th around. I'll have Caroline on the 22nd, and then the boys the weekend of Dec. 6. Otherwise, I have the kids the entire weekend both the weekend of the 22nd, and the 29th. Karin CONFIDENTIALITY NOTICE: This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmissions shall not constitute a waiver of the attorney-client or any other privilege. Simpson, Karin From: Gutshall, Karin Sent: Monday, November 10, 2003 10:09 AM To: 'CGutshall@rhoads-sinon.com' Subject: FW: this coming weekend Actually, the weekend of Dec. 6 would be your next full weekend -and I'd get the boys again the weekend after that. -----Original Message----- From: Gutshall, Karin Sent: Monday, November S0, 2003 10:07 AM To: 'CGutshall@rhoads-sinon.com' Subject: this coming weekend Charlie, unless I hear to the contrary from you, I'll plan to have the boys this weekend, starting Sat. at noon. I would ordinarily have Caroline, but since she's with your family, I think that should count as your time, and I will get her the next weekend. If you're willing to do that, I will take Thanksgiving weekend as my next full weekend. We'll just switch the weekends of the 22nd and the 29th around. I'll have Caroline on the 22nd, and then the boys the weekend of Dec. 6. Otherwise, I have the kids the entire weekend both the weekend of the 22nd, and the 29th. Karin CONFIDENTIALITY NOTICE: This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in eaor, please immediately return it to the sender. Unintended transmissions shall not constitute a waiver of the attorney-client or any other privilege. Simpson, Karin From: Gutshall, Karin Sent: Monday, November 10, 2003 10:15 AM To: 'CGutshall@Rhoads-Sinon.com' Subject: RE: FW: this coming weekend Yes, I'm willing to talk about it. I'm not sure I'm liking it all that much, either. It's too long a time to not see the kids. But I would like an entire weekend on occasion. How about you get your Fri. back, and I get my Sun. back. Which would just mean that every once in a while I have all three Sat. and Sun. and you can keep the kids through Sat. night until later in the day on Sun.? -----Original Message----- From: CGutshall@Rhoads-Sinon.com [mailto:CGutshall@Rhoads-Sinon.com] Sent: Monday, November 10, 2003 10:11 AM To: Gutshall, Karin Subject: Re: FW: this coming weekend Importance: High Karin -- -- We need to talk about this scheduling. Its not working. Caroline dislikes it very much. The boys don't like it either. I'm hopeful you can put aside your wants and think of the kids. It would be much better for them to go back to the way it was at least until Caroline goes back to college. Let me know when you want to talk about this.......Charlie NOTICE: This e-mail transmission, including any attachments, may contain confidential information protected by the attorney-client or other legal privilege: Unauthorized use, distribution or copying is prohibited. If you received this e-mail in error, please notify the sender by reply e-mail or by calling Rhoads & Sinon LLP at 717.233.5731 and then delete the erroneous transmission from your system without copying it. Thank you. 1 Simpson, Karin From: Gutshall, Karin Sent: Friday, November 21, 2003 4:06 PM To: 'CGutshall@rhoads-sinon.com' Cc: 'DDension@epix.net'; 'lawandes@aol.com' Subject: custody schedule Charlie, you had never answered my a-mail of two weeks ago, and so I expected that the kids would get off the bus at my house tonight, per the new custody schedule. I just talked to Caroline who is at Northgate and who told me that my full weekend would occur next weekend. I had even forgotten I'd made the offer to have Thanksgiving weekend (rather than this weekend, as per the schedule) as my next full weekend. We certainly never agreed on anything. You never responded to that a-mail. Any communication from you about that a-mail has been indirect, through the children. Since I had, in fact, made the offer to make Thanksgiving weekend my next full weekend -we'll leave that alone, and not revisit it - despite the fact you did not follow through on your end of the bargain - i.e. me having the boys as of noon last Sat (since Caroline was in Phila. with Matt and Susan). The boys never arrived until after 5, and I had no idea until I returned to the house after 6 p.m. that they were even there. That a-mail also stated that I would CONSIDER giving you back your Fri. and keeping my Sun. - on our respective long weekends with the kids. Until we talk directly -either via a-mail, over the telephone, or in-person, I am not prepared to make any changes in the newly agreed-upon schedule. As far as I am concerned, we will continue with the schedule set forth in the Custody Stipulation until we reach written agreement, copied to Deb and Sam, to the contrary. Finally, I am planning that your next full weekend with the kids will occur the weekend after Thanksgiving weekend - unless I hear to the contrary from you prior to Thanksgiving. Karin CONFIDENTIALITY NOTICE: This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmissions shall not constitute a waiver of the attorney-client or any other privilege. Simpson, Karin From: Gutshall, Karin Sent: Wednesday, December 03, 2003 4:02 PM To: 'CGutshall@Rhoads-Sinon.com' Subject: schedules Charlie, I talked to Rita today, and understand that Harry wanted you to run practice tonight. Do you want me to take Em to his practice at Green Ridge from 6:15 to 7:15? I'll be happy to pick him up and bring him back. Just let me know. The weekend has a lot of conflicts. Sat. is as follows: 10:00 a.m. practice for Matty (Harry's a-mail says Good Hope Aux. Gym -does he mean EV?), 11:15 pictures for Em at EV, 1:00 pictures for Matty, game at Camp Curtain in the afternoon - time not yet determined, 3:00 p.m.- Em has a game at EV. On Sun. Matty has a 3:30 game in the Dome. Em's been invited to Matthew Davis' birthday party at the Sports Emporium -from 2 to 4:30. I have RSVP'd that he can/will attend. Let me know what you would like me to handle on the weekend. As for the weekend, I am assuming that we're back on the schedule as originally set - in that this is your Tong weekend with the kids. Please let me know if that is not what your understanding is. K CONFIDENTIALITY NOTICE; This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmtssion in error, please immediately return it to the sender. Unintended transmissions shall not constifite a waiver of the attorney-client or any other privilege. Simpson, Karin From: Gutshall, Karin Sent: Thursday, December 04, 2003 11:45 AM To: 'CGutshall@Rhoads-Sinon.com' Subject: RE: schedules Charlie, my goal was to hav8 the kids for an entire weekend without having to negotiate it every time with you. It took me way too long to accomplish that to give it up this quickly. I was scheduled to have the weekend before Thanksgiving - but agreed not to take two weekends in a row (my-long weekend AND my holiday weekend - per our holiday schedule). But on the condition we would revert back to the orginal long weekend schedule - with you with the first weekend, and me with the third weekend. That means you would have this weekend Caroline has told me she doesn't like it. I'm happy to have her on Sun. - and the boys, too for that matter. Maybe you want to send her earlier in the day - and then the boys after they're finsihed with games, and Em with the birthday party. I'm happy to have Caroline on Sat., too - since I know you're busy with pictures, games etc. for both boys. -----Original Message----- From: CGutshall@Rhoads-Sinon.com [mailto:CGutshall@Rhoads-Sinon.com] Sent: Thursday, December 04, 2003 11:30 AM To: Gutshall, Karin Subject: Re: schedules I am exhausted by the new schedule you have imposed. The kids are not happy either as I expect you know. I wish you would think about what is best for your children (especially Caroline) and consider going back to what worked, at~least til she goes back to college. I thought in your last email you said you insistedon having the kids this whole weekend and I think you sent that to our lawyers too. I'm open to any proposals that get is closer to what works. But this doesn't. I'm sure the only way to reach an agreement is if you propose one. If I do you will simply reject it. NOTICE: This e-mail transmission, including any attachments, may contain confidential information protected by the attorney-client or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this e-mail in error, please notify the sender by reply e-mail or by calling Rhoads & Sinon LLP at 717.233.5731 and then delete the erroneous transmission from your system without copying it. Thank you. 1 Simpson, Karin From: Gutshall, Karin Sent: Thursday, December 04, 2003 3:27 PM To: 'CGutshall@Rhoads-Sinon.com' Subject: RE: schedules Before and after? It is this coming weekend we're talking about, right? I do not intend to give up my once-a-month full weekend with the kids. We-can that I have every fourth weekend. Which would mean that I get the kids for a the weekend after Christmas. Or I will take them as I had orginally planned - weekend before. You can let me know which you prefer. -----Original Message----- From: CGutshall@Rhoads-Sinon.com [mailto:CGutshall@Rhoads-Sinon.comj Sent: Thursday, December 04, 2003 12:41 PM To: Gutshall, Karin Subject: RE: schedules Ok, its a shared weekend. What is your plan on the weekend before and after. I think we should get before a judge and have the kids testify on this. What a waste. NOTICE: This e-mail transmission, including any attachments, may contain confidential information protected by the attorney-client or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this e-mail in error, please notify the sender by reply e-mail or by calling Rhoads & Sinon LLP at 717.233.5731 and then delete the erroneous transmission from your system without copying it. Thank you. leave it long weekend on the Simpson, Karin From: Gutshall, Karin Sent: Thursday, December 04, 2003 12:37 PM To: 'CGutshall@Rhoads-Sinon.com' Subject: RE: schedules I love having the kids an entire weekend. I love it. And there's an agreement that says I can have them. I'm not going back to the way it was. If you can think of a way for me to have them at least one weekend a month - without having to go through you to accomplish that - let me know. Otherwise we'll stick with the agreement. Let me know what you want to do about this weekend. If it's a shared weekend - I think I have the boys. -----Original Message----- From: CGutshall@Rhoads-Sinon.com [mailto:CGutshall@Rhoads-Sinon.com] Sent: Thursday, December 04, 2003 12:29 PM To: Gutshall, Karin Subject: RE: schedules ~~ Noone likes it. Probably not even you. I'm not agreeable to you having the kids the weekedn before Christmas in any event. Sure the kids wouldn't want that either. Let's go back to the way it was for a while, maybe til summer. I losing my interest in any of this. NOTICE: This e-mail transmission, including any attachments, may contain confidential information protected by the attorney-client or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this e-mail in error, please notify the sender by reply e-mail or by calling Rhoads & Sinon LLP at 717.233.5731 and then delete the erroneous transmission from your system without copying it. Thank you. 1 KARIN SIMPSON GUTSHALL Plaintiff vs. CHARLES E. GUTSHALL, Defendant Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO. 2001-4602 CIVIL TERM PRE-TRIAL STATEMENT IN ACCORDANCE WITH Pa.RC.P.1915.3-4 The following information is provided by Karin Simpson, hereinafter referred to as "Mother" by and through her attorney, Ruby D. Weeks, pursuant to Rule 1915.3-4 of the Rules of Court of Cumberland County and paragraph 1 of the Court's Order of 7-8-04. I. Statement of Facts: The parents are in the process of divorcing. There are three children of this marriage: Caroline E. Gutshall, born Apri15, 1988; Matthew F. Gutshall, born November 14, 1991, and C. Emory Gutshall, born Apri120, 1995. The mother petitioned this Court to find the father in contempt for failure to follow the court order of October 3, 2003. This Honorable Court issued a custody order, agreed to by the parties, on October 3, 2003. The arrangement agreed to was for the mother to have physical custody of the children each week from noon Sunday until noon Wednesday and the father, from noon Wednesday until noon Saturday. On a four-week cycle, the mother was to have physical custody of ALL THREE children on the third weekend from Friday at 4 p.m. to Monday at 8 a.m. This has only occurred one time in late October 2003, because the father refuses to comply with this portion of the order. The father had all three children the weekend of November 8, 9, 2003. The parties agreed early in November 2003 that the mother would substitute Thanksgiving weekend that month for her next weekend, otherwise to have been November 22,23, 2003.. Since the father declined his weekend in early December, and refused the mother her weekend at the end of December and since. This means that the parents, against the mother's wishes, have been following only the second part of paragraph 2 (B) of the October 3, 2003, order: that is, "On the second weekend of the cycle, Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. On the fourth weekend of the cycle, Father shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Mother shall have physical custody of Caroline for the same times...." Apparently, the father's position is that the parents agreed to change the order because the oldest child did not like the arrangement; however, the mother never agreed to more than aone-time change. She also wishes to have the court address the inability of the father to discuss things concerning the children with her and his refusal to discuss things regarding the children that she attempts to address with him, insisting instead that things be his way. She also wishes the father to have a dependable phone number and maintain it in operating condition for times when there are scheduling or other emergencies involving the children.. II. Statement of Legal Issues: The father's refusal to abide by the October 3, 2004, custody order and his refusal to communicate regarding the children, instead insisting things be his way only. III. Witnesses: Karin Simpson, the mother, who will testify as to the appropriateness of the proposed custody arrangement and the above issues, provide the court information as to what the children have indicated to her they wish to have occur, and indicate to the Court her's and the children's family's life. IV. Exhibits: E-mails exchanged between parents from October to December 2003 regarding the custody order. V. It is anticipated that this hearing will require no more than one-half day to hear testimony. Respectfully submitted, ~,,tea,.~&- Ruby D. Weeks, Esquire Attorney for mother September 24, 2004 i I 1. ti f ~ b I ... _ Mf'r~L : T~_~ ;: . ,,:.:;:. . , .. I `~~~ -l 4 ~ ~A'= fi~~`~~v_vP"e - re .tea ~ ;:~. o.c s;,~ wi e i o '"~~-_, v ,.. n i _~~ - - - ,. ~ .i C4. R\_ ~Ic b~i+..@ A l.f.± (~v ._ _~ ~'11.1u_ J.~•f4V_~PS l lG ~' . ' ~T ~ .. i .. : ; . i ''ten ~'`r ~~~r:.ec~ 1 ,,. ~-• 3 ~¢ 4w P.C ~ t_0 ll_~1. nQ..O- i1,t'ti~- A 1 T PLnt~^~' ~•'~~ (l.fi. ~ _~a._-'L ~ ~ ) ~ ~LL 1 1 L~~ ~ ~ ~ ~ 3 q~lyp~d~.~ ~ z /~.. ~ ~ I R Y V:.~YAl11J_\=2 ~C J 1 . 1 5, L L _ i ~ i. ~~ ~. I. .. '.1. .~ @ 6+-~~~1(~~ ~ .`~.9. ,.~. .. TA U Ji.wwK~'T ~:~. ~'ai~:~ •i(41.: tip'.i., __.t ! .. '. ~~ _ f i I ~ lq -- ~. t , inn ffi nrn~rr ~ ..... -.- ~ .~ .:„,, . -~~n..mmm~nmm-+~nnmilmrtnm.~we ~ - .• 1 KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2001-4602 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 3'° day of Dd-o bar , 2003, this matter having been called for a hearing but the parties having resolved all disputes now pending in this matter by agreement, we hereby order and direct as follows: 1. The mother, Karin Simpson Gutshall, and the father, Charles E. Gutshall, shall share legal custody, as defined by the law of Pennsylvania, of their three minor children, Caroline E. Gutshall, born April 5, 1988, Matthew F. Gutshall, born November 14, 1991, and C. Emory Gutshall, born April 20, 1995. Each party shall have an equal right to access about information relating to the healthcare, education, religious training, and other important matters involving the children. Each party 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, without limitation, all decisions regarding their health, education, and religion. Each party will share information with the other regarding the children and neither party shall attempt to alienate the children from the other parent. Day-to-day decisions regarding the children shall be the responsibility of the parent then having physical custody. In the event that an emergency decision must be made for the 1 ~rc_~n~~;,~wN1~a ?~L~~~~ r-{ ill children, the parent having physical custody at the time shall make such decision and shall inform the other parent of the emergency, and consult with the other parent regarding decisions required by the emergency, as promptly thereafter as is possible. In the event that the parties are not able to agree on any non-emergency matter involving legal custody of the children, they agree to jointly consult with Father's father, Frank Mohney, for informal mediation of the dispute, for at least one session, prior to seeking intervention by this Court. 2. Mother and Father shall share physical custody of the children on the following schedule: A. Mother shall have physical custody of the children each week from Sunday at 12 noon until Wednesday at 12 noon and Father shall have physical custody of the children from Wednesday at 12 noon until Saturday at 12 noon. B. On a four-week cycle, Mother shall have physical custody of all three children the first weekend, from 4:00 p.m. on Friday until 8:00 a.m. on Monday, and Father shall physical custody of all three children on the third weekend, from Friday at 4:00 p.m. until Monday at 8:00 a.m. On the second weekend of the cycle, Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. On the fourth weekend of the cycle, Father shall have physical custody of Matthew and 2 Emory from Saturday at 12 noon until Sunday at 12 noon and Mother shall have physical custody of Caroline for the same times. The four-week cycle shall commence on Friday, March 28, 2003, and the times set out in this sub- paragraph, where they conflict with the times set out in sub-paragraph A above, shall prevail. 3. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided that they shall give the other parent thirty (30) days advance notice of their intended vacation periods. Once notice is given by a parent, the other parent shall have seven days to notify the other parent of a legitimate objection to the schedule and any objection raised after the seven-day period shall be invalid. 4. The parties shall share physical custody of the children over holidays as follows: A. The Christmas holiday shall be divided into two blocks, with Block A commencing at 3:00 p.m. on December 24 and concluding at 11:00 a.m. on December 25, and Block B commencing at 11:00 a.m. on December 25 and concluding at 9:00 a.m. on December 26. Mother shall have Block A and Father shall have Block B in 2003 and odd-numbered years thereafter and Father shall have Block A and Mother shall have Block B in 2004 and even- numbered years thereafter. B. Father shall have physical custody of the children every Thanksgiving from 5:00 p.m. on the Wednesday before Thanksgiving until 3 Friday morning at 9:00 a.m. and Mother shall have custody of the children from Friday morning at 9:00 a.m. until Sunday evening at 5:00 p.m. C. The parties shall alternate physical custody of the children on New Year's Eve from 9:00 a.m. on the 31sT of December until 11 :00 a.m. on the 1st of January, with Father having custody of the children for the period which commences on December 31, 2003, and the parents alternating the holiday thereafter. Father shall have the children every New Year's Day from 1 1:00 a.m. until 9:00 p.m. Mother shall have the children on the 15`h of October each year from 11:00 a.m. until 9:00 p.m. D. Father shall have custody each year on Father's day from 9:00 a.m. until 7:00 p.m. and Mother shall have custody each year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. Mother shall have physical custody of the children on Easter Sunday and Memorial Day in even-numbered years and on the Fourth of July and Labor Day in odd-numbered years. Father shall have physical custody of the children on Easter and Memorial Day in odd-numbered years and the 4`" of July and Labor Day on even-numbered years. The holiday shall commence at 5:00 p.m. the day before the holiday and conclude at 7:00 p.m. on the day of the holiday. Notwithstanding the other provisions of this paragraph, Mother shall have the children for the Easter holiday in 2003 and Father shall have the children for the Easter holiday in 2004 and 2005. 4 + r, The above holiday schedule shall prevail over the other provisions of this order, including the vacation schedules of the parties. 5. In the event that either party requires a babysitter during the weekday for a period of four hours or more, that parent shall endeavor to contact the other parent to offer that other parent the opportunity to babysit the children. 6. All prior orders in this matter are vacated and replaced with this order. All matters raised in the petitions previously filed in this action are resolved by this order. BY THE COURT, ~"~`' J. ~r3~^'" C -~.~5 IO.~L.(f3 5 KARIN SIMPSON GUTSHALL IN THE COURT OF COMMON PLEAS OF PLAIN'ITFF CUMBERLAND COUNTY, PENNSYLVANIA c V' 01-4602 CIVIL ACTION LAW CHARLES E.GUTSHALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 30, 2002 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJacquetine M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 29, 2002 at 9:30 AM for aPre-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 he 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 Re-ief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Vernev. Esq. ~/ 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. Ail 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ~~~~ ~~ ~ ~ ~ G ~ L°i~• / 0/ ~°~~ i~ at ~p,i ai ~;~„ ~~+m~s~r~,~,~n~ ,~~,~,~~,~ ;-,.r~~~_-_ , i, to ~,.~ ;., ~ ; - 1'~~ Z~J ~, ar- _,~,~.,:,-,~~~~ i:~ ~~ ~_,. KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CHARLES E. GUTSHALL, Defendant. AND NOW, upon consideration of the attached Petition to Modify Custody, it is hereby dtrected that the parties and their respective counsel appear before Esquire, Conciliator, at , Pennsylvania, on the day of , 2002, at a.m/p.m, for aPre-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. Either party may bring the child who is the subject of this custody action to the conference, but the childrens attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: BY: Custody Conciliator AMERICANS WITH IDISABILITIES ACT OF 1990 The Court of Conunon 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 rrnist 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 LAWYER 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 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 01-4602 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CHARLES E. GUTSHALL, Defendant. O1-4602 CIVIL ACTION -LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Plaintiff, Karin Simpson Gutshall, by and through her counsel, Reager & Adler, PC, and files this Petition to Modify Custody and in support thereof, avers as follows: 1. Petitioner is Karin Simpson Gutshall, an adult individual residing at 124 North 30'~ Street, Camp Hill, PA 17011. 2. Respondent is Charles E. Gutshall, an adult individual residing at 215 Northgate Drive, Camp Hill, PA 17011. 3. The parties are the natural parents of three (3) minor children, namely, Cazoline E. Gutshall, date of birth Apri15, 1988; Matthew F. Gutshall, date of birth November 14, 1991; and C. Emory Gutshall, date of birth April 2Q 1995. 4. The parties currently share custody of the minor children pursuant to the Order attached hereto as Exhibit "A". Plaintiff wishes to modify the Order to provide both parties with full weekends with the children, to allocate birthdays and to otherwise address repeated custodial difficulties between the parties. WI-IEREFORE, Plaintiff requests this Honorable Court to grant her request for modification. Respectfully submitted, & ADLER, Date: ~ ~~~ ~J 0 By: ID #36461 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition to Modify Custody was served on the following individuals via United States First Class Mail, postage prepaid as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Dated: ~ J ~~~ ~ ° oaixyivc ~s~.a.u J_A:18 PAX 7],7 2a0 6573 CL'1VtH CO PROTHONOTARY Q1004 ICARIN SIIVIPSON GUTSHALL, :1N THE COURT OF!COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V CHARLES E. GUTSHALL, befendant 2001-0602 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPOTtT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Caroline E. Gutshall Matthew F. Gutshall C. Emory Gutshall DATE OF BIRTH Apri15, 1988 November 14, 1991 Apri120, 1995 CURRENTLY 1N CUSTODY OF shared shared shared 2. A Conciliation Conference was held in this matter on September 19, 2001, with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Marcus A. McKnight, 117, Esquire and the Father, Charles F,- Gutshall, with his counsel, Samuel Andes, Esquire. 3. Both parties raised questions about the adequacy of the after school care provided by the other party. Nevertheless, the parties agreed to entry of an Order in the form as attached. R-t9-o / ~- (~ 7)ate cq ine M. Verney, Esquire Custody Conciliator U9/?.a/LIZ Tarr 7.a.:7_g PA,Y ~~),~ 2Q0 8573 CLIMB CO PROTHONOTARY @J 003 9. In the event that either party is in need of a babysitter during a weekday for more than Eour (4) hours, the custodial parent shall endeavor to contact the non- custodial parent to offer the non-custodial parent the opportunity to babyslt, 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. Tn the absence of mutual consent, the terms of this Order shall control. ' BY THE COCJRT, ~~~ ~. ~ J, !~ cc: Marcus A. McT{night, TII, Esquire, Counsel f r Mother Samuel Andes, Esquire, Counsel for Father „p~1,cxl.~ ~4.2~-®t R~s pu/i ur.py '!'KU ?.4;?_g FAS ~7?.7 240 657 CUMB CO PROTHONOTARY ~'Ji. 002 .; ~~ .- CEP 2 0 ZO®~~ KARIN SIMPSON GUT$IIALL, : IN THE COURT OF COMMON FLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4602 CIVIL TERM CHARLES E. GUTSHALL, :CIVIL ACTION -LAW Defendant : :1N CUSTODY ORDER OF COURT AND NOW, this ?~' day of 5y.v~,.t.~ , 2001, upon consideration of the attached Custody Conciltah Ro en port, it is ordered and directed as follows: l . The Mother, Karin Simpson Gutshall, and the Father; Charles E. Gutshall, shall have shared legal custody of Caroline E: Gutshall, bom April 5, 1988, Matthew F. Gutshall, born November 14, 1991 and C. Emory Gutshall, bom Apri120, 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 Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother and Father shall share physical custody of the children, such that Mother shall have physical custody of the children from Sunday at 1:00 a.m. to Wednesday at 12:00 Noon and Father shall have physical custody of the children from Wednesday at 12:00 Noon to Saturday 12:00 Noon. 3. On an alternating basis, one pazent shall have physical custody of Matthew and Emory from Saturday at 12:00 Noon to Sunday at 1:00 p.m., while the other parent shall have Caroline for That time period, 4. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided they give the other parent 45 days prior notice. Said 'weeks shall run Saturday to Saturday unless otherwise a~eed by the parties. 5, Father shall have physical custody of the children every Thanksgiving Day. Mother shall have physical custody of the children from Friday morning after Thanksgiving to Sunday after Thanksgiving. 6. The parties shall split Christmas Day as agreed. 7. Father shall have physical custody of the children for the Memorial Day weekend from Friday to Monday evening. 8. Mother shall have physicat custody of the children for the I.abot Aay weekend from Friday to Monday evening. Exhibit "A" VERIFICATION I, Karin Simpson Gutshall, verify that the statements made in the foregoing document are true and correct to the best of my lrnowledge, information and belief. 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: ~ ~~~u`-~Q-K Kar' Simpso G shall ! ~/ G ^ ~7 ~ ~ - ~ ~_; y . z w -~ n ~V^{ ~ c7 ~~ _: cat ~A _~ w' 4 ~ CJ iy ~ _.- d.7 C ;~ ~ 7> ~ ~ ~ C~ c~ c ,. s~~ ~ 0 200~~ KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHALL, Defendant N0.2001-4602 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ?.a " day of ~~~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Karin Simpson Gutshall, and the Father, Charles E. Gutshall, shall have shared legal custody of Caroline E. Gutshall, born Apri15, 1988, Matthew F. Gutshall, born November 14, 1991 and C. Emory Gutshall, born Apri120, 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 Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother and Father shall share physical custody of the children, such that Mother shall have physical custody of the children from Sunday at 1:00 a.m. to Wednesday at 12:00 Noon and Father shall have physical custody of the children from Wednesday at 12:00 Noon to Saturday 12:00 Noon. 3. On an alternating basis, one parent shall have physical custody of Matthew and Emory from Saturday at 12:00 Noon to Sunday at 1:00 p.m., while the other parent shall have Caroline for that time period. 4. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided they give the other parent 45 days prior notice. Said weeks shall run Saturday to Saturday unless otherwise agreed by the parties. 5. Father shall have physical custody of the children every Thanksgiving Day. Mother shall have physical custody of the children from Friday morning after Thanksgiving to Sunday after Thanksgiving. 6. The parties shall split Christmas Day as agreed. 7. Father shall have physical custody of the children for the Memorial Day weekend from Friday to Monday evening. 8. weekend from Friday to Monday evening. Mother shall have physical custody of the children for the Labor Day ~r(~~fl~^H"~l~t.Sn_~N~3c~ t f~ ~VI Ins. / ~~~.,'`~~ ~,~~~f~'.v~~tli~SJ CSU :~ v$~# ~ ~ 9~J ~ ` J _ ~l~r~J~4~1 i1.,1..~ iO ~!J .r ,aai+'Y-#e~'i~ ~ ¢ ~•.4,F~ ', ~v„as6"v~wnsHSCn:~~xsa y~W-iemra~M'~'x~Pe l~¢,n0~?~1£ i 9. In the event that either party is in need of a babysitter during a weekday for more than four (4) hours, the custodial parent shall endeavor to contact the non- custodial pazent to offer the non-custodial parent the opportunity to babysit. 10. Tlus Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~~~ J. cc: Mazcus A. McKnight, III, Esquire, Counsel f r Mother Samuel Andes, Esquire, Counsel for Father KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHALL, Defendant PRIOR NDGE: None 2001-4602 CIVIL TERM CIVIL ACTION -LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caroline E. Gutshall April 5, 1988 shared Matthew F. Gutshall November 14, 1991 shared C. Emory Gutshall Apri120, 1995 shared 2. A Conciliation Conference was held in this matter on September 19, 2001, with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Marcus A. McKnight, III, Esquire and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. Both parties raised questions about the adequacy of the after school care provided by the other party. Nevertheless, the parties agreed to entry of an Order in the form as attached. q- l 9 -o / /~I • Ui~'~- Date cqu line M. Verney, Esquire Custody Conciliator i J KARIN SIIvIPSON GUTSHALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E.GUTSHALL DEFENDANT • 01-4602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 06, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respecfive counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 05, 2001 at 8:30 a.m. for aPre-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/ Jacqueline M. Verne, Esq.~Y 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 d ~,~ r ~ ~~ n~'~ ~ ~ r a t ~ ` ~ ~~~h ~,: ~ ,1 (\ Q^ 1 ~; .4 ~l ~V ~t~ -... ai?4: :F:~?_ x:w: a:=+. ~r.: ~.,.,. ~., ,°r!, ~s '~~. cs.: ~,.... ~.,..r-:1~x -q-?pn;syepq!SE`}D`ga _. .. ..~~ pus o z zoo KARIN SIMPSON GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001- 4`O:ZCIVIL TERM CHARLES E. GUTSHALL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of .2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at . on the day of .2001 at . M. 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 this conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. TF 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 C AMERICANS WITH DISABiLTTIES 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 scheduling conference or hearing. KARIN SIMPSON GUTSHALL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW zoos -yf~1CIVIL TERM CHARLES E. GUTSHALL, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 30th day of July 2001, comes the Plaintiff, Karin Simpson Gutshall, by and through her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody, averring as follows: 1. The plaintiff is Karin Simpson Gutshall, an adult individual residing at 124 North 30a' Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is Charles E. Gutshall, an adult individual residing at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of three (3) minor children, namely, Caroline E. Gutshall, born Apri15, 1988, age 13 years; Matthew F. Gutshall, born November 14, 1991, age 9 years; and C. Emary Gutshall, born Apri12Q, 1995, age 6 years. 4. The parties currently share custody of the minor children. 5. Plaintiff desires to obtain primary physical and shared legal custody of the children. 6. Plaintiff is filing this petition in order to more clearly establish the times and periods of custody and to make the same an Order of Court. 7. The best interests and permanent welfare of the children require that the Court grant the plaintiffs request as set forth above. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 10. Each parent whose pazental rights to the children have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court which af'finns the joint physical and joint legal custody of the parties and also more clearly establishes the times and periods of custody between the parties. Respectfully submitted, IRWIN, Mc IGH HUGHES Y~ Marc A. Mc t, I, Esquire Supreme Court .D. N 25476 Douglas G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiff, Karin Simpson Gutshall Date: July 30, 2001 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: July 30 , 2001 ~ (~ ^s ~ ~~ ~ h -^{t) I J ~ ~ ~~ -- -., .~ :~. . ~„ ~, ~~ ~..~ ~ - ~-~ ~~ -:- ~_;. __ . ~:-= -x, ~:-: ) r~ ~G U ~i ~~ tO -C KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 01-4602 CIVIL ACTION -LAW v. CHARLES E. GUTSHALL, IN CUSTODY Defendant. RULE TO SHOW CAUSE AND NOW, this ,30' day of ~,hc„VGcr , 2002, upon review of the attached Petition for Special Relief, a Rule is hereby issued against Respondent Charles E. Gutshall, to show cause, if any, why Movant Karin Simpson Gutshall's Petition for Special Relief should not be granted. Rule returnable within / S~ days of date of service. BY THE COURT: 4 ///~~~ ~ G C ~ Q r. w~ /~ s~ 9~ :£: ,"~u ~ ~. d~5 ~3~~_~tr~:i_n ~;~' KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 01-4602 CIVIL ACTION -LAW v. CHARLES E. GUTSHALL, Defendant. IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Karin Simpson Gutshall, by and through her counsel, Reager & Adler, PC, and petitions this court for Special Relief as follows: 1. Petitioner and Respondent are the natural parents of three minor children, namely Caroline Gutshall, Matthew Gutshall and C. Emory Gutshall. 2. The parties are subject to a Custody Order which is attached hereto as Exhibit "A". 3. Pursuant to the Court Order, the parties share legal custody of the minor children so that they may jointly make major life decisions for their children, including those regarding medical care. 4. In November 30, 2002, Matthew's 4~' grad teacher at Sporting Hill Elementary in Cumberland Valley District recommended a consultation with Matthew's pediatrician, Dr. James Daley to address the attention deficit issues she had identified in the classroom. 5. Daley and school professionals familiar with Matthew have recommended a psychological evaluation and/or counseling for Matthew to address issues of ADD and/or depression. 6. When the parties were unable to agree regarding the proper course of treatment for Matthew, Petitioner drafter to Respondent's counsel correspondence attached hereto as Exhibit "B" outlining events to date and re-questions prompt resolution of the issue. 7. In response to this correspondence, the attorney for Respondent forwarded a letter dated June 26, 2002 requesting that Petitioners prepare a list of providers whose services are covered by Petitioner's health insurance benefits. 8. Attached hereto as Exhibit "C" is correspondence to Respondent's counsel with a list of covered providers. Please note that we stated in this correspondence that Dr. Daly has recommended Melinda Eash, the first name on the list. 9. Despite the request conveyed by counsel, Respondent has failed to respond in any mamier to address the treatment issued that medical and school officials have identified. 10. It is clear that the child's pediatrician and school believe that treatment would assist Matthew in dealing with the separation of his parents and other behavioral and/or educational issues. 11. It is clearly not in the child's best interest to delay treatment further and Petitioner's attempts to resolve this matter amicably and through an equal exchange of inforniation and input have failed. WHEREFORE, Petitioner requests this Honorable Court to enter an Order requiring the parties to cooperate in placing Matthew in treatment until treatment is no lgfig,~r necessary. Date: / (/J~~~ By. ID #36461 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff VERIFICATION I, Karin Simpson Gutshall, verify that the statements made in the foregoing document 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. Section 4904, relating to unsworn falsification to authorities. _ ~~~ Date: ~~ (~ J ~ U ~ Kar' Situps Gu all CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Rule to Show Cause was served on the following individuals via United States First Class Mail, postage prepaid as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Dated: t lZc3) 0 .2. ~J~ ~~ Joanne Harrison Clough, v9/lu~u1 THL 7.9:!.6 FAX 7!.7 294 6575 CUMB CO PROTfIONOTARY @1002 -~~ SF~ 2 ®200~~ KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON ]PLEAS OF Plaintiff : CUMBERLANb COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHAI.L, Defeadant N0.2001-4602 CIVIL TER1vI CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this 70 • day of 5•~ye..w , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l . The Mother, Karin Simpson Gutshall, and the Father; Charles E. Gutshall, shall have shared legal custody of Caroline E: Gutshall, bom Apri15, 1988, Matthew F. Gutshall, born November 14, 1991 and C, Emory Gutshall, bom Apri120, 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 Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother and Father shall share physical custody of the children, such that Mother shall have physical custody of the children from Sunday at 1:00 a.m. to Wednesday at 12:00 Noon and Father shall have physical custody of the children from Wednesday at 12;00 Noon to Saturday 12:00 Noon. 3. On an alternating basis, one parent shall have physical custody of Matthew and Emory from Saturday at 12:00 Noon to Sunday at 1:00 p.m., while the other parent shall have Caroline for that time period, 4, Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided they give the other parent 45 days prior notice. Said weeks shall run Saturday to Saturday unless otherwise agreed. by the parties. S, Father shall have physical custody of the children every Thanksgiving Day. Mother shall have physical custody of the children from Friday morning after Thanksgiving to Sunday after Thanksgiving. 6. The parties shall split Christmas Day as agreed. 7. Father shall have physical custody of the children for the Memorial Day weekend fiom Friday to Monday evening. 8. Mother shall have physical custody of the children for the Labor Day weekend from Friday to Monday evening. Exhibit "A" uyizsi0z TFLi ?.4;7.6 FA% 71.7 240 6579 CUytg CO PROTHONOTARY '.x]009 9. In the event that either party is in need of a babysitter during a weekday for more than four (4) hours, the custodial parent shall endeavor to contact the non- custodial parent to offer the non-custodial parent the opportunity to babysit. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of tlus Order by mutual consent. In the absence of mutual consent, the terms of this Ordex shall control. BY THE CO~(JRT, .~~~ J. cc: Marcus A. McI{night, ITI, Esquire, Counsel f r Mother Samuel Andes, Esquire, Counsel for Father „0~,~ 9.21-ai R~s vai~aiuz 'A'~tu aa:tis FAX 77.7 240 6575 CLRdB CO PROTHONOTARY ~~ KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA . V. : 200I-0602 CIVIL TERM CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: None :CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The perkinent information concerning the Children who are the subject of this litigation is as follows: NAME Caroline E. Gutshall Matthew F. Gutshall C. Emory Gutshall DATE OF BIRTH Apri15, 1988 November 14, 1991 April 20, 1995 CURRENTLY IN CUSTODY OF shared shared shazed 2. A Conciliation Conference was held in this matter on September 19, 2001, with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Marcus A. McKnight,117, Esquire and the Father, Charles E_ Gutshall, with his counsel, Samuel Andes, Esquire. 3. Both parties raised questions about the adequacy of the after school care provided by the other party. Nevertheless, the parties agreed to entry of an Order in the form as attached, Date cq ine M. Verney, Esquire Custody Conciliator ~ooa REAGER & A~?LER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerF'C.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address: ddenison@epix.net June 19; 2002 Sam Andes, Esquire 525 North 12'~ Street Lemoyne, PA 17043 12E: Gutshall v. Gutshall Our File No.: 02-201 Deaz Sam: THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER DOUGLAS P. LEHMAN +Cert~ed Trial Specialist I am in receipt of your several letters settuzg forth your client's complaints about my client. While certainly I could respond with Karin's very different view of the incidents described in your letters, she has requested that I focus on trying to obtain your client's cooperation in addressing the very significant issues involving their son, Matthew. You may or may not be aware of the following from your client. Matthew's fourth grade teacher, Mrs. Goldstein, recommended last November, based on her observations of Matthew in the classroom, that Charlie and Karin attempt to determine whether Matthew Should be treated for attention deficit disorder (App), a condition requiring a medical diagnosis. Because Charlie appeared resistant to Mrs. Goldstein's recommendation, Karin initiated discussions with Matthew's pediatrician, Dr. Daly. Dr. Daly recommended a psychological evaluation of Matthew in order to determine the exact Source of the difficulties Matthew was facing maintaining focus both at school and at home. Karin followed through on Dr. Da1y's recommendation that Matthew be evaluated by Dr. Susan Mayes, whose ofEces are at the ~Tershey Medical Center. That evaluation was scheduled for February 26, 2002. Karin apprised Cttazlie of the date of the scheduled evaluation well in advance and provided him with the evaluation forms that Dr. Mayes had requested that both patents complete. Karin also forwarded evaluations to Sporting Hill Elementary School for wmpletion by sclwol professionals. On February 25, 2002, Charlie contacted Karin by telephone to request that Karin contact Dr, Mayes and request to revise the nature of the appointment with Ar. Mayes the next day. Charlie suggested that they should use the scheduled appointment to discuss Matthew with Dr. Mayes. Karin declined to do so, and replied that Dr. Mayes would need to see Matthew before she could engage in a discussion about him. With no notice to my client, and at the twelfth hour, Charlie prevented the evaluation from -- - _occumng, - - Exhibit "B" - Turin then asked Dr. i~aly to meet with Charlie to discuss with Ti'im the need for an evaluation. At the meeting with Dr. Daly on April 12, Charlie conveyed his concern, first voiced on February 26, that Karin's ultimate goal was to medicate Matthew. Dr. Daly assured Charlie that, while medication was a treatment option, medication was not mandatory. Charlie indicated to Dr. Daly he wished to address Matthew's issues through some sort of individual education plan designed iri cooperation with school professionals. 'When Charlie did not follow through on his stated intentions, Karin contacted the principal of Sporting Hill Elementary, Dr. Bowen, to request the school's assistance. Dr. Bowen recommended a child study meeting, 'That meeting took place on May 14; 2002. Dr, Bowen, the guidance counselor, the school psychologist; and all three of Matthew's teachers were in atteudattce at that meeting: Karin and Charlie attended as well. The conversation during that meeting revealed that Mrs. Goldstein akeady had made accommodations within the classroom for Matthew in light of the attention deficit issues she had observed. The school professionals also affirmed for Charlie that tutoring in math, the subject Matthew struggled with the most during the school year, could be beneficial. The school professiorrala also suggested that Karin and Charlie work together to set up similar structures, guidelines and expectations for Matthew regazdless which home he came Yo after school. Finally, the guidance counselor, the school psychologist and the principal recommended a psychological evaluation and counseling for Matthew: Following the child study meeting, and following receipt and evaluation of "Child Behavior Checklists" completed by .each of Matthew's three teaelrers, the school psychologist again recommended counseling for Matthew for depression. When Karin attempted to speak to Charlie about the written communication from the school psychologist, Chazlie refused to discuss getting Matthew the assistance he needs'6ut instead used the conversation as yet another opportunity to try to assign blame for the problems Matthew faces. Charlie has followed through on his suggestion at the child study meeting that tutolvrg would be helpful to Matthew. He has contacted Matthew's teacher, Mrs. Goldstein,Y'to. request that she provide that tutoring. When during a recent conversation with Mrs. Goldstein, Karin learned that Charlie had contacted Mrs. Goldstein to request her tutoring assistance, Karin followed through and worked out the details with Mrs. Goldstein as to when the tutoring would occur. The issue of an evaluation and counseling for Matthew remains. It is clear, based on the opinions of professionals interacting with Matthew, that assistance in addition to tutoring is needed. Please contact me by the end of the month as to your clients position regarding an evaluation and counseling for Matthew. If we do not hear from you by the end of the month, we are prepared to file the necessary petitions with the Court. ery tru1Y Yo .~ /` ebra enison Cantor ` Ise DDC/er cc: Karin Gutshall REAGER &ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1363 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR THOMAS 0. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER DOUGLAS P.LEHMAN Wdtefs E-Mail Address: ddenison@epix.net July 1, 2002 Sam Andes, Esquire 525 N Twelfth Street Lemoyne, PA 17043 RE: Gutshall v. Gutshall Our File No.: 02-201 Dear Sam: +Certifed Tdal Specialist Based on our recent telephone conversation, this letter confirms that my client will be picking up the children Friday afternoon for her vacation. In addition, pursuant to you request, I am providing you with a list of eligible providers under Karen's health insurance benefits to provide counseling for Matthew. Melinda Eash Linglestown 540-1313 George-Etta Anderson Carlisle 249-1818 Rodney Benner 3207 N. Front Street 901-5652 Don Lawrence 540-9505 Exhibit "C" Page -2- Gutshall v. Gutshall Robert Stengel Gettysburg Pike 795-1863 In addifion, since Karen has no personal knowledge of any of these counselors, she contacted Dr. Daly regarding his recommendation. He highly recommended Melinda Eash, the first name on the list. I am sure that you are also familiar with Melinda and I would make that same recommendation to my client. 1n terms of payment, the first 3 visits will be free. Thereafter, for a total amount of 60 visits, the client will only need to pay a $10.00 co-pay. Please review this list with your client. Obviously, my client would like to follow Dr. Daly's recommendation. However, if you or your client have any objections, we are willing to consider any of the additional names on this list. In addition, if your client wishes to select a counselor who is not an eligible provider, we will be willing to make that consideration as well. Your attention is appreciated. Very Cantor DDCldls cc: Karin Gutshall n ~, ~~ (~ v ~,~, Lz ~` n '~' '~-, 7t 5a _ F 1~~ \ "" ~ Li •.9Z ;~ ~ Lf -~{ i,., C ~ W O m C j V V C~, ' ^ S~ KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 01-4602 CIVIL ACTION -LAW v. CHARLES E. GUTSHALL, IN CUSTODY Defendant. PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Marcus A. McKnight, III, Esquire as counsel for Kazin Simpson Gutshall in the above-captioned action. RESPECTFULLY SUBMITTED IRWIN, By: st Pdmfret Professional 60 ornfret Street Carlisle, PA (717)249-2353 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Debra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. Respectfully submitted, REALER & ADLER, PC By: e a n'son ntor, squire I.D. 6 2331 Market Street Camp Hill, PA 17011 (717)763-1383 c> ~ ~ rv ~~ - ; ~L~ , !i7F r; ~ r ~4, ~~ ~ „j ~ ~ ~ ~~ ~7' !~mxa, .. =~ri?~` s ~ ~:~' - eueq~ ~~a ,. ~ _, _. .- Wis.. .:,., OCT 2 9 2002 KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW CHARLES E. GUTSHALL, : N0.2001-4602 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this t~ day of ~~p~~~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~{ , of the Cumberland County Court House, on the /9~ day of ~~,g~ , 2003, at g % 30 o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 20, 2001 shall remain in effect. BY THE COURT, cc: Joanne Harrison Clough, Esquire, counsel for Mother Samuel L. Andes, Esquire, counsel for Father ~,e2u.o /wu~..Ce-~ //- v y o,.2~ °~° a. 7 (~'~~? l %E ., ~a~ ~~- fduFU ~;CI ha? I ~ _~v} J.J~.:.. e~l .~- .. .. .. 9FA~ :~. ~9zGE°s~ ¢ .m~YT.RS ~«:4'N~M9~~~N4ay~~dM'~~ _. "'~^''-'"" KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: Kevin A. Hess, J. CIVIL ACTION -LAW N0.2001-4602 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caroline E. Gutshall Apri15, 1988 shared Matthew F. Gutshall November 14, 1991 shared C. Emory Gutshall Apri120, 1995 shared 2. A Conciliation Conference was held October 29, 2002 with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Charles E. Gutshall, with his counsel, Samuel L. Andes, Esquire. 3. The Court previously entered an Order on September 20, 2001 following an agreement of the parties at a Conciliation Conference providing for shared legal and shared physical custody. 4. Mother filed a Petition to Modify the current Order to allow for each party to have all of the Children one weekend per month. Mother also filed a Petition for Special Relief requesting the Court to grant treatment for one of the Children's alleged ADD/depression problems. The Court entered a Rule to Show Cause which was answered by Father. No further Order was entered on the Special Relief Petition. (It had not been referred to the Conciliator at the time of conference although an attempt to resolve it occurred.) 5. Mother's position on the Special Relief Petition is as follows: Mother requests that Matthew be evaluated (not treated) for ADD or depression which Mother alleges has been recommended by the Child's family physician and school officials. Mother also requests a minor scheduling change to the present Order so that each parent may have all of the children one weekend per month. 6. Father's position on the Special Relief Petition is as follows: Father denies that Matthew has exhibited any evidence of ADD or depression. Matthew is a straight A student and Father believes that if the Child is even sent for an evaluation that the Child would be adversely affected. Father nor his counsel had received a copy of the Petition to Modify prior to the conference due to a mix up in the service of the Petition of Special Relief and the Petition to Modify. Father wanted to consider the request for the change in the custody schedule. This issue may be resolved by the time of the hearing. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the existing Order of Court. It is expected that the Hearing will require one day. /~ -a~-o2 ~ ~U Date ac line M. Verney, Esquire Custody Conciliator KARIN SIMPSON UUTSHALL, Plaintiff v. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMON PLEAS OF CUMBERLAND.COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.Ol-4602 IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiffs Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. A. Denied as stated. Defendant denies that Matthew's teacher made any recommendation on 30 November 2002. Moreover, he states that the teacher did not make any recommendation regarding "attention deficit issues she had identified in the classroom" with regard to Matthew. Instead, in a parent/teacher conference which Defendant attended without Plaintiff, one of Matthew's three fourth grade teachers, suggested "it wouldn't hurt to have Matthew evaluated for attention deficit issues." Subsequently, all three of Matthew's fourth grade teachers completed a neutral psychological evaluation form for Matthew and which did not result in a finding of attention deficit issues. To the contrary, Defendant states that Plaintiff unilaterally initiated a referral to a psychiatrist to have Matthew tested for a disorder which Matthew does not have. Denied. Plaintiff unilaterally has repeatedly insisted on some type of treatment for Matthew for various and changing reasons. Defendant denies that Matthew suffers from 487694.1 attention deficit disorder, from depression, or from any other condition for which he requires counseling or therapy. Further, Defendant called Dr. Daley after receiving a list of psychologists. hi that conversation, Dr. Daley confirmed that he did not evaluate Matthew for any attention deficit or psychological disorders and provided a recommendation of a psychologist at the request of Plaintiff without independent information about Matthew. Defendant believes that Matthew is growing into a happy, successful, and well-adjusted child who is actually doing quite well given the difficulties caused by his parents' separation and Matthew living in two houses. 6. Defendant admits that Plaintiff s attorney sent that letter. Defendant denies the history of events in the letter. 7. Defendant admits his attorney requested a list of proposed providers but denies that Defendant, through his attorney or otherwise, ever agreed to have Matthew evaluated or treated by such providers. 8. Admitted in part and denied in part. Defendant admits that the letter attached as Exhibit C was sent by Plaintiffs attorney to his attorney. He does not know whether Dr. Daley made any recommendation of a specific psychologist because he was not involved in any such discussion and so he denies the same and demands proof thereof at trial. As state above, Dr. Daley made no independent evaluation or diagnosis of Matthew. 9. Denied as stated. It is admitted that Respondent has not made any formal response to Plaintiffs request but is denied that medical and school "officials" have "identified" any treatment required for Matthew. Iii fact, Defendant engaged one of Matthew's teachers as a math tutor for Matthew last summer to help Matthew with math. Based upon testing and performance, Matthew's school placed Matthew in the highest of four math and language arts classes for his fifth grade school year. In addition, Matthew is performing at an "A" level in math so fax this year. He has recently advised Defendant that math is now his favorite subject. 10. Denied. Defendant denies that Matthew has behavioral or educational "issues" or that he needs assistance.in dealing with the separation of his parents, which took place more than two years ago. Defendant further denies that the child's pediatrician and school believe that treatment is necessary or would "assist" Matthew in any significant way. In fact, Matthew does well in school, has many friends and does well socially and excels in extracirrular activities, including sports and art. Imposing unnecessary treatment and therapy on Matthew would do him far more harm than good. 11. Denied. Matthew suffers from no disorder and requires no treatment. Defendant believes that it would be adverse to Matthew's best interest to indicate to Matthew that he suffers from some disorder by referring him to treatment as proposed by Plaintiff. Matthew is growing into a happy, successful, and well-adjusted child and involving him in "treatment" will not improve his situation at all. WHEREFORE, Defendant prays this court to deny Plaintiffs Petition for Special Relief. uel L. An s Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717)761-5361 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that any false statements in this Answer are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). (" Charles C7 t ? ~~ C P~3 -~t - ' ~= ._W -' ,_ r~_ ..~=z -, ~ .~+~~.~.~~~~...... . KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4602 CIVIL CIVIL ACTION -LAW CHARLES E. GUTSHALL, Defendant ORDER AND NOW, this Z 3'~ day of May, 2003, at the request of counsel, a hearing in the above captioned matter is set for Wednesday, October 1, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Debra Denison Cantor, Esquire For the Plaintiff Samuel Andes, Esquire For the Defendant :rlm BY THE COURT, .~ Kev' .Hess, J. ~C~:R 05-a7-~ NlNMn1,iSNN3d ~~ :s ~~ ~z A~~ ~~ ~~ ~a~4a~,E~: ~u~~~ M ~e r~c~ 3~L-1~1~-CI~IE.~ ~. ,m;~r!-~s.~. _~ ~..,. ~_oq::vw; a.,mo-,~amarrzac~W .sm.a~y:p~„n .... .,.? KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4602 CIVIL CIVIL ACTION -LAW CHARLES E. GUTSHALL, Defendant ORDER AND NOW, this ~ `~ day of October, 2003, hearing herein is continued pending receipt by the court of a proposed stipulated order. Debra Denison Cantor, Esquire For the Plaintiff Samuel Andes, Esquire For the Defendant :rlm ,cc~a",o `yw~...QuC~ BY THE COURT, -~ ~~ Kevi A. Hess, J. 7v, yr-a-3 c tFlN'dAl~S~ihC~d ~i'~ ~~ :(}I ~a~ 4 -1.~i7 ~f3 ,,-~; C hti~"1v3~s,~a~~ r~~l1:iL j ~!~ _ -.`-'~b~"~;n s .. •....r a ~a:ssxa?•go- :aa~,-mm#:eiz~?x44~~,5~eary~ KARIN SIMPSON GUTSHALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E.GUTSHALL DEFENDANT • 01-4602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 11, 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, CarOs4e on Thursday, May 27, 2004 at 8:30 AM for aPre-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 schednled hearing. FOR THE COURT, By: /s/ Jacqueline M. Vernev. Esg. mnc 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 (71.7)249-3166 '>~ .. i i '~~ zap ~~/ ¢ ~v °~ ~i0~,~/;S' ,Pn a ~y Q't ~£ ~.1 1 r ~~~th~Gi, . -n":,~^ywvrr wes~.~~~R.xz xr,~*zs~~RS':;Q€<•+~, . lY~F==. J KARIN SIMPSON GUTSHALL, PENNSYLVANIA v. CHARLES E. GUTSHALL, Defendant. IN THE COURT OF COMMON PLEAS OF P1AY 0 4 2004 CUMBERLAND COUNTY, ~ 01-4602 CIVIL ACTION -LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW this day of , 2004, a rule to show cause is issued why the relief requested in the attached Petition for Contempt should not be granted. Rule returnable in days. Plaintiff, BY THE COURT J. KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 01-4602 CIVIL ACTION -LAW v. IN CUSTODY CHARLES E. GUTSHALL, Defendant. ORDER OF COURT AND NOW, this day of 2004 upon review of the attached Petition, it is hereby ORDERED that a hearing will take place on day of , 2004 at a.m./p.m. in Courtroom of the Cumberland County Courthouse. BY THE COURT J. KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CHARLES E. GUTSHALL, Defendant. 01-4602 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, this 30tH day of April, 2004, comes Karin Simpson Gutshall, by and through her counsel REAGER & ADLER, PC, and files a Petition for Contempt as follows: 1. On October 3, 2003, the parties entered into an agreement regarding the custody of their minor children. A copy of the Agreement and corresponding Order are attached hereto as Exhibit "A." 2. This Order provided for a modification of the parties' prior arrangement. 3. This modification was made so that each party could enjoy a full weekend with all of the children. Under the prior agreement, the children's time was divided between the parents and did not allow either parent to exercise custody of all of the children for a weekend. 4. After the entry of the Order, there was a substantial delay in its implementation, which necessitated Petitioner's counsel to correspond with opposing counsel. 5. Petitioner was able to exercise a full weekend with all of the children over the Thanksgiving weekend only after agreeing to substitute her scheduled holiday weekend for her full weekend with all of the children. 6. When Petitioner attempted to arrange her weekend with all of the children in December, Respondent indicated he would not comply with the Order and would involve the children if necessary. 7. Petitioner has unable to exercise a weekend with all of the children to date. 8. Respondent has made it clear that he will not comply with the Order without Court intervention. 9. Petitioner seeks a fmding of Contempt and the opportunity to make up her lost time with the children. WHEREFORE, Petitioner requests this Honorable Court to enter an Order of Contempt, allow Petitioner allow to make up three (3) weekends with all of her children, and grant any and all further relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATE: ~//~Q,/d~/ ~~ . 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorney for Plaintiff VERIFICATION I Karin Simpson Gutshall, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~~~'( Karin Sim on Gut KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E. GUTSHALL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } CIVIL ACTION -LAW 1 N0. 2001-4602 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~r~ day of ~'bb , 2003, this matter having been called for a hearing but the parties having resolved all disputes now pending in this matter by agreement, we hereby order and direct as follows: 1. The mother; Karin Simpson Gutshall, and'the father, Charles E. Gutshall,-shall share legal custody, as defined by the law of Pennsylvania, of their three minor children, Caroline E. Gutshall, born April 5,.1988, Matthew F. Gutshall, born November 14, 1991, and C. Emory Gutshall, born April 20, 1995. Each party shall have an equal right to access about information relating to the healthcare, education, religious training, and other important matters. involving the children. Each party 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, without limitation, all decisions regarding their health, education, and religion. Each party will share information with the other regarding the children and neither party shall attempt to alienate the children from the other pareht. Day-to-day decisions regarding the children• shall be the responsibility of the parent then In the event that an emergency decision must be made for the 1 children, the parent having physical custody at the time shall make such decision and shall inform the other parent of the emergency, and consult with the other parent regarding decisions required by the emergency, as promptly thereafter as is possible. In the event that the parties are not able to agree on any non-emergency matter involving legal custody of the children, they agree to jointly consult with Father's father, Frank Mohney, for informal mediation of the dispute, for at least one session, prior to seeking intervention by this Court. 2. Mother and Father shall share physical custody of the children on the following schedule; A. Mother shall have physical custody of the children each week from Sunday at 12 noon until Wednesday at 12 noon and Father shall have physical custody of the children from Wednesday at 12 noon until Saturday at 12 noon. B. On a four-week cycle, Mother shall have physical custody of all three children the first weekend, from 4:00 p.m. on Friday until 8:00 a.m. on Monday, and Father shall physical custody of all three children on the third weekend, from Friday at 4:00 p.m. until Monday at 8:00 a.m. On the second weekend of the cycle, Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. On the fourth weekend of the cycle, Father shall have physical custody of Matthew and 2 Emory from Saturday at 12 noon until Sunday at 12 noon and Mother shall have physical custody of Caroline for the same times. The four-week cycle shall commence on Friday, March 28, 2003, and the times set out in this sub- paragraph, where they conflict with the times set out in sub-paragraph A above, shall prevail. 3. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided that they shall give the other parent thirty (30) days advance notice of their intended vacation periods. Once notice is given by a parent, the other parent shall have seven days to notify the other parent of a legitimate objection to the schedule and any objection raised after the seven-day period shall be invalid, 4. The parties shall share physical custody of the children over holidays as follows: A. The Christmas holiday shall be divided into two blocks, with Block A commencing at 3:00 p.m. on December 24 and concluding at 11:00 a.m. on December 25, and Block 8 commencing at 11 :00 a.m. on December 25 and concluding at 9:00 a.m. on December 26. Mother shall have Block A and Father shall have Block B in 2003 and odd-numbered years thereafter -and Father shall have Block A and Mother shall have Block B in 2004 and even- numbered years thereafter. B. Father shal4 have physical custody of the children every Thanksgiving from 5:00 p.m. on the. Wednesday before Thanksgiving until 3 Friday morning at 9:00 a.m. and Mother shall have custody of the children from Friday morning at 9:00 a.m. until Sunday evening at 5:00 p.m. C. The parties shall alternate physical custody of the children on New Year's Eve from 9:00 a.m. on the 31~t of December until 11:00 a.m. on the 1st of January, with Father having custody of the children for the period which commences on December 31, 2003, and the parents alternating the holiday thereafter. Father shall have the children every New Year's Day from 11;00 a.m. until 9:00 p.m. Mother shall have the children on the 15"' of October each year from 1 1:00 a.m. until 9:00 p.m. D. Father shall have custody each year on Father's day from 9:00 a.m. until 7:00 p.m. and Mother shall have custody each year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. Mother shall have physical custody of the children on Easter Sunday and Memorial Day in even-numbered years and on the Fourth of July and Labor Day in odd-numbered years. Father shall have physical custody of the children on Easter and Memorial Day in odd-numbered years and the 4th of July and Labor Day on even-numbered years. The holiday shall commence at 5:00 p.m. the day before the holiday and conclude at 7:00 p.m. on the day of the holiday. Notwithstanding the other provisions of this paragraph, Mother shah have the children for the Easter holiday in 2003 and Father shall have the children for the Easter holiday in 2004 and 2005. 4 The above holiday schedule shall prevail over the other provisions of this order, including the vacation schedules of the parties. 5. In the event that either party requires a babysitter during the weekday for a period of four hours or more, that parent shall endeavor to contact the other parent to offer that other parent the opportunity to babysit the children. 6. All prior orders in this m2tter are vacated and replaced with this order. All matters raised in the petitions previously filed in this action are resolved by this order. BY THE COURT, S/tel. _ .: J. TR~IE ~OPV ER~M RECC4RDand In Testimony,whereof; I here unto seT my Snd 'the seal bf said. Cciwrt ai C~I~st?' Pa. ^ 5 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Contempt was served on the following individual via United States First Class Mail, postage prepaid as follows: Samuel L. Andes, Esquire 525 North 12`" Street Lemoyne, PA 17043 Dated: '7 /.3o~ci~ Debra De' antor, Esq re Attorney No, 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorney for the Plaintiff Karin Simpson Gutshall ~~' C'~a ~~ s' °` ~ C N {") a G= s ni`K 6='= ~ s w, U,~_, W r.,.~ -ta r`_- .: ~y C7 -£i .~ ~. i -,. Q O O r~ O i'n .~ ~. JUN 0 3 2004 ~• KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW CHARLES E. GUTSFIALL, : N0.2001-4602 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this lf~ day of , 2004, upon consideration of the attached Custody Concili on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. _~, of the Cumberland County Court House, on the ~~ day of , 2004, at ; 3 C) o'clock, ~. M., at which time testimony will eta n. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated October 3, 2003 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin cobra Cantor, Esquire, counsel for Mother ~ ~ ,.B"amuel Andes, Esquire, counsel for Father OL- l I -a J. .~ ~ ~ 'c} °- ;y°- _, ,, ~~ ~ ~LU ~ F;~ ,~_ L~47.^ ^" ~ ~ ~~~ N sxw€m~x ~"~~m~~m~a~mwn%asrrw e~~>:, _,, -_:.;~ .s.a,~w.~:r~e*»~s:~~c~a.*c;v.~-a~:.z~c~r-.~m~a~~.,' ',rs` JUN 0 3 2oa4 KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: Kevin A. Hess, J. CIVIL ACTION -LAW N0.2001-4602 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BHtTH CURRENTLY IN CUSTODY OF Caroline E. Gutshall Apri15, 1988 shared Matthew F. Gutshall November 14, 1991 shared C. Emory Gutshall Apri120, 1995 shazed 2. A Conciliation Conference was held June 3, 2004 with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Debra Cantor, Esquire, and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. The Court previously entered an Order of Court, based on the stipulation of the parties, dated October 3, 2003. The Order provided for shared legal and shared physical custody of the children. Mother has physical custody of the children from Sunday at 12:00 noon to Wednesday at 12:00 noon, while Father has physical custody of the children from Wednesday at 12:00 noon to Sunday at 12:00 noon. Paragraph 2B of the Order went on to give each parent one complete weekend per month with all of the children from Friday at 4:00 p.m. to Monday at 8:00 a.m. and one weekend per month from Saturday at 12:00 noon to Sunday at 12:00 noon with two of the children and one of the children, respectively. Mother filed a Petition for Contempt to enforce this provision. 4. Father's position on custody is as follows: Father maintains that Paragraph 2B was attempted, but the parties orally amended it when the children indicated that they did not like the arrangement. ,~ 5. Mother's position on custody is as follows: Mother seeks to enforce Paragraph 2B. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the current Order of Court. It is expected that the Hearing will require one-half day. ~ ~3-~'f Date 4"l' ac eline M. Verney, Esquire Custody Conciliator KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4602 CIVIL CIVIL ACTION -LAW CHARLES E. GUTSHALL, Defendant ORDER AND NOW, this B ~ day of July, 2004, at the request of counsel for the defendant, hearing herein set for August 19, 2004, is continued to Monday, September 27, 2004, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, e~ .Hess/ J. Debra Denison Cantor, Esquire / For the Plaintiff Samuel Andes, Esquire '~`O ~"'~'`~`~' ~- ~~ oy For the Defendant :rhn ~ > za~a,~;.,~, ~~ ~~1 ~. ~~ h,t "'L~;4;'dr. ~, KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, O1-4602 CNIL ACTION -LAW v. CHARLES E. GUTSHALL, IN CUSTODY Defendant. PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Marcus A. McKnight, III, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. By Carlisle, PA 17013 (717)249-2353 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Debra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. Respectfully submitted, REAGER & ADLER, PC By: eb emson Cantor, Esquire I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 60 West Pomfret Street r> ~ a C~ ~ -n ~ __. v? =': ~, "~ J ,~:C", ~j . c. rti:; ' .~ . ° ~ ~ .; .., y _ @~~ KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plain~ift', 01-4602 CIVIL ACTION -LAW v. CHARLES E. GUTSHALL, IN CUSTODY Defendant. PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Debra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. RESPECTFULLY SUBMITTED Debra Denison Cantor, Esquire Attorney ID # 66378 2331 Market Street Camp Hill, PA 17011 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Ruby Weeks, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. Respectfully submitted, Ruby Weeks, Esquire 10 West High Street Carlisle, PA 17013 ~ .' c~.> ~~Q ~~ ~ ~ ~ ~ I'P t t-, z~~ -~ , -~~: ~~. -~ ~ ~; G ' ~ .1= S3 ~~ ~/~ g KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4602 CIVIL CIVIL ACTION -LAW CHARLES E. GUTSHALL, Defendant ORDER AND NOW, this 2 ~"~ day of September, 2004, after hearing, the court being satisfied that the defendant has not been in compliance with the order of October 3, 2003, a contempt citation is issued. Adjudication of contempt is deferred on condition that the defendant immediately file a petition to modify custody with a request for expedited conciliation. Not less than sixty (60) days from the date of this order, the plaintiff may request that a hearing be set on the matter of a contempt adjudication which may include a request for counsel fees for any further proceedings in connection with her contempt petition. In the event that there is no request far hearing lodged within one hundred eighty (180) days of the date of this order, the pending contempt petition shall be deemed dismissed without further order of court. «~uby Weeks, Esquire For the Plaintiff ~3amuel Andes, Esquire For the Defendant :rlm Lyy1a ~,~ ' I-R,,_ `+~ 09 z8a~ BY THE COURT, ~~.,~ "1 ~., li,,._ ~_.,--~~ ~~ .~ d ! Z d~S hu~Z ~„L? KARIN SIMPSON GUTSHALL 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 01-4602 CIVIL ACTION LAW CHARLES E.GUTSHALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJacqueline M. Veruey, Esq. ,the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Friday, November 19, 2004 at 8:30 AM for aPre-Heazing 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/ jacgueline M. Yerney Esq. mnc 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 ~ ~ ~ ~ ~ ~ a~.oi ,,_n.,.:,,,~„_.. ~_ .,~., ,~_~, _ . :_~-~'!~~-~: il~ KARIN SIMPSON GUTSHALL, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4602 CIVIL TERM CHARLES E. GUTSHALL, Defendant AND NOW this IN CUSTODY ORDER OF COURT day of 2004, in consideration of the Petition to Modify attached hereto, and in compliance with our order of September 27, 2004, the conciliator to which this case is assigned is directed to expedite the conciliation conference as much as possible BY THE COURT, Kevin A. Hess, J. Distribution: Ruby D. Weeks, Esquire (Attorney for Plaintiff) 10 West High Street, Carlisle, Pa 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12"' Street, Lemoyne, Pa 17043 KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E, GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4602 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the Complaint filed in this matter, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at Pennsylvania, on ,the day of 2004, at o'clock .m. for aPre-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 a temporary order. All children aged 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE 1COURTHOUSESQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (7171 240-6200 FOR THE COURT, BY CUSTODY CONCILIATOR KARIN SIMPSON GUTSHALL, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4602 CIVIL TERM CHARLES E. GUTSHALL, Defendant IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify its order of 3 October 2004, based upon the following: 1. The Petitioner herein is the Defendant Charles E. Gutshall. 2. The Respondent herein is the Plaintiff Karin Simpson Gutshall. 3. The parties are the parents of three minor children, Caroline E. Gutshall, age 16, Matthew Gutshall, age 13, and C. Emory Gutshall, age 12. The children, and the parties custodial rights with regard to the children, are the subject of an order entered by this court on 3 October 2003, a copy of which is attached to this Petition. 4. Defendant wishes to modify the present order of custody to change the schedule back to the schedule the parties and the children enjoyed under the prior order of this court, dated 20 September 2001. Specifically, Defendant seeks to modify Paragraph 2 (B) of the order of 3 October 2003 to provide that Father shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same time on alternating weekends and, on the other weekends, the schedule shall be reversed so that Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. 5. Defendant believes that such a change will be in the best interest of the children for several reasons, which include, but are not limited to, the following: A. All the parties are comfortable with and have adjusted to the schedule which has been in effect for more than three years; and B. This schedule allows the daughter one day with her parents each week without the presence of the boys and allows the two sons the same; and C. Because of the great difference in interests, friends, and activities of the boys and the daughter, this schedule suits all of their needs well and allows the parents to meet those needs effectively; and D. The children have expressed a preference to continue this schedule and not follow the schedule set out in the order of 3 October 2003. Defendant believes that a change in the schedule in accordance with this Paragraph is in the best interest of the children and request the court to modify its order accordingly. WHEREFORE, Defendant prays this court to modify its order of 3 October 2003, and the custody schedule set out therein, in accordance with this Petition. Sa L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 49Q4 (unsworn falsification to authoritiesl. Date: ~' ~~ G `~- ~. ~~_ Charles E. Gutsh EXHIBIT A .~ KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLES E, GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ) NO. 2001-4602 CIVIL TERM } IN CUSTODY ORDER OF COURT AND NOW, this 3r~ day of ~(~~} ,~_, 2003, this matter having been called for a hearing but the parties having resolved all disputes now pending in this matter by agreement, we hereby order and direct as follows: 1. The mother; .Karin Simpson Gutshall, and'the~father, Charles E.`Gutshall, shall share legal.custody, as defined by the law of Pennsylvania; of their three minor children, Caroline E. Gutshall, born April 5,.1988, Matthew F. Gutshall, born November 14, 1991, and C. Emory Gutshall, born April 20, 1995. Each party shall have an equal right to access about information relating to the healthcare, education, religious training,-and other imocrtant matters.invoiving the children. Each party 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 welt-being including, without limitation, all decisions regarding their health, education, and religion. Each party, will share information with the other regarding the children and neither party: shat{ attempt tb alienate the cliild'ren from the other patent. I`.Day-to-day decisions,regardin.g the children sha61 be th'e responsibility of the parentlthen having physical custody. In the event that an emergency decision must be made for the 1 children, the parent having physical custody at the time shall make such decision and shall inform the other parent of the emergency, and consult with the other parent regarding decisions required by the emergency; as promptly thereafter as is possible. In the event that the parties are not able to agree on any non-emergency matter involving legal custody of the children, they agree to jointly consult with Father's father, Frank Mohney, for informal mediation of the dispute, fior at least one session, prior to seeking intervention by this Court. 2. Mother and Father shai4 share physical custody of the children on the following schedule: A. Mother shall have physical custody of the children each week from Sunday at 12 noon until Wednesday at 12 noon and Father shall have physical custody of the children from Wednesday at 12 noon until Saturday at 12 noon. B. On a four-week cycle, Mother shall have physical custody of all three children the first weekend, from 4:00 p.m, on Friday until 8:00 a.m. on Monday, and Father shall physical custody of all three children on the third weekend, from Friday at 4:00 p.m. until Monday at 8:00 a.m. On the second weekend of the cycle, Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. On the fourth weekend of the cycle, Father shall have physical custody of Matthew and 2 _~ Emory from Saturday at 12 noon until Sunday at 12 noon and Mother shall have physical custody of Caroline for the same times. The four-week cycle shall commence on Friday, March 28, 2003, and the times set out in this sub- paragraph, where they conflict with the times set out in sub-paragraph A above, shall prevail. parent shall be entitled to three non-consecutive weeks of physical custody with the children provided that they shall give the other parent thirty (30) days advance notice of their intended vacation periods. Once notice is given by a parent, the other parent shall have seven days to notify the other parent of a legitimate objection to the schedule and any objection raised after the seven-day period shall be invalid. 4. The parties shall share physical custody of the children aver holidays as follows: A. The Christmas holiday shall be divided into two blocks, with Block A commencing at 3:00 p.m. on December 24 and concluding at 1 9:00 a.m. on December 25, and Block B commencing at 11:00 a.m. on December 25 and concluding at .9:00 a.m. on December 26. Mother shall have Block A and Father shall have Block B in 2003 and odd-numbered years thereafter and Father shall have Block A and Mother shall have Block B in 2004 and even- numbered years thereafter. B. Father shall have physical custody of the children every Thanksgiving from 5:00 p.m. on the. Wednesday before Thanksgiving until 3 Friday morning at 9:00 a.m. and Mother shall have custody of the children from Friday morning at 9:00 a.m. until Sunday evening at 5:00 p.m. C. The parties shall alternate physical custody of the children on New Year's Eve from 9:00 a.m. on the 31 s` of December until 1 1:00 a.m. on the 1st of January, with Father having custody of the children for the period which commences on December 31, 2003, and the parents alternating the holiday thereafter. Father shall have the children every New Year's Day from 1 1:00 a.m, until 9:00 p.m. Mother shall have the children on the 15`" of October each year from 11:00 a.m. until 9:00 p.m. D. Father shall have custody each year on Father's day from 9:00 a.m. until 7:00 p.m. and Mother shall have custody each year on Mother`s Day from 9:00 a.m. until 7:00 p.m. E. Mother shall have physical custody of the children on Easter Sunday and Memorial Day in even-numbered years and on the Fourth of July and Labor Day in odd-numbered years. Father shall have physical custody of the children on Easter and Memorial Day in odd-numbered years and the 4t'' of July and Labor Day on even-numbered years. The holiday shall commence at 5:00 p.m. the day before the holiday and conclude at 7:00 p.m. on the day of the holiday. Notwithstanding the other provisions of this paragraph, Mother I{ shall have the children for the Easter holiday in 2003 and Father shall have the II children for the Easter holiday iri 2004 and 2005. 4 I The above holiday schedule shall prevail over the other provisions of this order, including the vacation schedules of the parties. 5. in the event that either party requires a babysitter during the weekday for a period of four hours or more, that parent shall endeavor to contact the other parent to offer that other parent the opportunity to babysit the children. 6. Ali prior orders in. this matter are vacated and replaced with this order. All matters raised in the petitions previously filed in this action are resolved by this order. BY THE COURT, S J. 'T~~,~. COPY F~S9M REC~6tD to Te'sFitngny,whereof; There unto set my hand end the seal of said. CdNrt at Carlisle, Pa. ^ $ /~o.,nne 1'ti.. loll. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, Pa 17013 Date: 7 October 2004 ~/~, , Amy M, rkins Se~retary for Samuel L. Andes ~~~ . ~~ VI ~(~ ,VA` (-) f... na _,.> r (y? ..> J'~ "~'3 /y ~ ~ J -rrrn ~7 - ~=+~ ' , :. .- r y ~` t~~ V, O ~ r (~j ~ ~ ,i U~3 -":. -, ,p.:~:;,e a+~ un.svH- ~~,.~vae-:-gin..., ., -~ i NOV 2 2 2004 KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4602 CIVH. TERM CHARLES E. GUTSHALL, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~' day of Ne-~--~fw 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother hereby withdraws her Petition for Contempt and this Order of Court resolves all other pending Petitions including Father's Petition to Modify. 2. The Order of Court dated October 3, 2003 shall remain in full force and effect except as modified hereinafter. 3. Pazagraph 2B of the Order of Court of October 3, 2003 is hereby deleted in its entirety. It is hereby replaced as follows: 2B. On an alternating basis, one parent shall have physical custody of Matthew and Emory from Saturday at 12:00 noon to Sunday at 12:00 noon, while the other parent shall have physical custody of Caroline for that time period. 2C. Notwithstanding the above, commencing the first weekend in December, 2004, Mother shall have physical custody of al three children from 4:00 p.m. on Friday unti18:00 a.m. on Monday, on one weekend of her choice every other month upon notice as provided hereinafter. Commencing January, 2005 Father shall have physical custody of all three children from 4:00 p.m. on Friday unti18:00 a.m. on Monday, on one weekend every other month upon notice as provided hereinafter. 2D. The parties shall give nofice of their weekends by January 15 of every calendar year 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. .c,,;,1-~., ~~,~ r~.~ .: ~~~ •~ ~~ f~4u 1~~~+~t~~i~. Ata~~t~%~;~ ~i~'y131 ~~ BY THE COURT, Kevin A. Hess,/ J. ccvRuby D. Weeks, Esquire, Counsel for Mother ~amuel Andes, Esquire, Counsel for Father V "f"""' 1 ~ x-30 -0`I NOV 2 2 7~~~a s KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: Kevin A. Hess, J. 2001-4602 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Caroline E. Gutshall Apri15, 1988 shared Matthew F. Gutshall November 14, 1991 shared C. Emory Gutshall Apri120, 1995 shared 2. A Conciliation Conference was held in this matter on November 19, 2004, with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Ruby D. Weeks, Esquire and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated October 3, 2003 providing for shared legal and physical custody. On September 27, 2004, this Court entered an Order deferring Mother's Petition for Contempt pending Father's filing a Petition to Modify. Father filed a Petition to Modify, which was the subject of the Conciliation Conference. 4. The parties agreed to entry of an Order modifying the Order of October 3, 2003 in the form as attached. 11 ° ~ 5 0'{ ~~ ~f . ~~~-~.~ Date ~ac~eline M. Verney, Esquire Custody Conciliator KARIN SIMPSON GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHARLES E. GUTSHALL, Defendant 01-4602 CIVIL CIVIL ACTION -LAW IN.RE: PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER AND NOW, this '~ ' day of September, 2007, hearing in the above-captioned matter is set for Wednesday, October 24, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. Max Smith, Esquire For the Plaintiff Samuel Andes, Esquire For the Defendant ~4 l~s rn~c g~7~a7 :rlm ;'l f"- '~~' t~~,~~~ ,~ ,