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HomeMy WebLinkAbout99-00198 , " " ,. " ' i' ,0" ", ' ~i ~IB~ ~ ~ t; ~j ~~ H~g! ~PO~I .~ . ~'mn ~ . ~ , ~ ~ lfi tl ~ II ~!er !i~~ ~ . j a~ o-l i ' i!i ~ ~, ., ., , AM\:' GATES, : IN THE COURT OF CXXol/olOO PLEAS OF plaintiff CUMBERLAND OOlN'l'Y, PENNSYLVANIA . . VB. . NO. 99-.198 CIVIL TERM . . . R<X~ALD L. GATES, JR., . CIVIL ACTION - LAW . Defendant CUSTODY aIDER a! cxxm AND tOt, this le.t~ dcty of ~ , 1999, upon Consideration of the attached Custody COnciTIahon Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 24, 1999 is vacated and replaced with this Order. 2. The Mother, Amy Gates, and the Father, Ronllld I.. Gates, shall have shar.ed legal custody of Ryan C. Gates, born Decentler 6, 1988, Austin T. Coates, boJ:n April 24, 1990, and. Samantha M. Gates, born April 19, 1992. Each parent shall have an equal right, to be exercised jointly with the other paJ:ent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions J:egarding their health, education and religion. 3. The ~'ather shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends, beginning August 21, 1999 from F'riday at 5:30 p.m. through Sunday at 6:00 p.m., and every Wednesday, beginning August 4, 1999 fran 5:30 p.m. until 9:00 p.m. In addition, the Mother shall have custody of one of the Children on a rotating basis every Thursday from 5:30 p.m. until 9:00 p.m. The Thursday evening periods of custody shall begin with the Mother having custody of Ryan on August 12, 1999. Thereafter, the Mother shall have custody of Austin on August 19, 1999 and Samantha on August 26, 1999. The weekly Thursday schedule shall continue on the same rotating basis with the Children in the ordet" of their birth dates. 5. The parties shall share having custody of the Children on holidays as follows: A. CIlRIS'DIAS: The Christmas holiday shall be divided into Segment A, which shall run from 4:00 p.m. on Christmas Eve through 11:00 a.m. on Christmas Ddy, and Segment B, which shall run iran Chdstmas Day at 11:00 a.m. until 12:00 noon on December 26. The parties shall alternate having custody of the Children during Segments A Idle! B. B. 0l'III!R IU.ID,\YS: Each of the following holiday custody periods shall be divided into Segment A, which shall run from 8:00 a.m. through 1:00 p.m., and Segment B, which shall run from 1:00 p.m. until 6:00 p.m. on the holiday: EastBr, Memorial. Day, July 4th, Labor Day, and Thanksgiving. The parties shall altemate having custody of the Children on Segment A and B of each holiday. In 1999, the Mother shall have custody of the Children on F.aster sunday during Segment A, f,rem 0:00 lI.m through 1:00 p.m. and the Father shall have custody during Segment B beginning at 1:00 p.m. C. IC1'IIIlR'S DAY/FATtII!R'S DAY: The Mother shall have custody of the ChildrAn evety year on Mother's Day and the ~'ather shall have custody of the Children every year on Father's Day. 6. F.ach party shall be entitled to have an uninterrupted period of custody with the Children for up to two non-consecutive weeks aach sunmer upon providing thirty days advance netice to the other party. 7. Tho Mother ahall be responsible to provide transportation for all exchanges of custody under this Order. 8. Each party shall keep the other party advised of his or her current address and telephone nurrber. 9. In the event either party is unavailable to provide care for the Children during his or her period of custody for 4 hours or longer, that party shall first offer the other party the opportunity to provide the care befOre contacting third party babysitters. 10. Both parties shall ensure that the Children wear seat belts when traveling in motor vehicles. 11. Both parties shall be entitled to have reasonable telephone contact with the Children when they are in the other pat"ty's custody. 12. Both parties shall ensure that the Children attend all regularly scheduled activities during his or her periods of custody. The Father shall provide to the Mother copies of all sports or other activity schedules pmvided to the Father from the Children's coaches, teachers, etc. 13. The Father shall provide the Mother with the name and addresc of the Children's regular childcare provlder. 14. The pat"ties shall ensure that all p.xchanges of custody and comnunications with regard to the Children are conducted in a civil and cooperative manner to promote the best interests of the ctlildren. 15. Neither party shall do or say anything which may estrange the Children fr'om the other parent, injure the opinion of the c.'hildren as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 16. This Order: is enter:ed pursllant to an agreement of the parties at a Custody ConciliatIon Conference. 1'he pat.ties may modify the provisions of ~~ ' ~I~~ ~ I i'JJ ~ ~ ~'~ 5 ~ I - ~; . 1ft ,j ~ :tl ' ~ . -I j~Hf ~~Q)~ .,; ~ t=! ~! ~ ~~ .~ ~~ d~ ~~ .8 ~ ~t.;, il:ll ~ i ~ , . ,. AMY GATES, Pla1ntiff IN THIi; OOURT OF CXX>IMCtl PLEAS OF CUMBERLAND CCONTY, PENNSYLVANIA : vs. : NO. 99-198 CIVIL TERM RONALD L. GATES, JR. / lJefen&lnt CIVIL ACTION - LAW CUS'rODY OODBR OF <XXJRT AND tUf, this )"Y'" day of J~' t. 71 consideration of the attached Custody ConCIIration Repo.rt, and dir.ected as f.ollows: , 1999, upon it is ordered 1. The Mother, Nny Gates, and the Father, Ronald L. Gates, shall have shared legal custody of Ryan C. Gates, born lJeceatler 6, 1988, Austin T. Gates, born Apdl 24, 1990, and Samantha M. Gates, b..~rn April 19, 1992. 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. The Father shall have primary physical custody of. the Children. 3. The Mother shall have partial physical custody of the Children every Wednesday f,:om 5:30 p.m. until 7:45 p.m., beginning February 24, 1999, and every Sunday, from 9:00 a.m. until 6:00 p.m., beginning February 21, 1999. As the parties will share having custody of the Children on Easter Sundey, the Mother shall have custody of the Children on Saturday, April 3, 1999 from 9:00 a.m. until 6:00 p.m. instead of the full day on Easter Sunday. 4. The parties shall share havIng custody of the Children on holidays as follows: A. cmuS'DWl: 'llIe Christmas holiday shall be divided into Segment A, which shall run from 4:00 p.m. en Christmas Eve through 11:00 a.m. on Chdstmas Day, and Segment B, which shall run from Christmas Day at 11:00 a.m. until 12:00 noon on Decenber 26. The parties shall alternate having ClIstody of the Children during Segments A and B. B. 0l'IIIlR OOLlDAYS: Each of the fOllowing holiday custody periods shall be-crrvrded into segment A, which shall run from 8:00 a.m. through 1:00 p.m., and Segment Il, which shall run from 1:00 p.m. until 6:00 p.m. on the holiday: Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The parties shall altern~te having custody of the Children on Segment A and B of AMY GATES, I IN THE OOlJRT 0[1' cn.IMOO PLEAS OF Plaintiff I CUMBERLAND CXXlN'l'Y, PENNSYLVANIA I VS. . NO. 99-198 CIVIr. TERM . . . RONALD L. GATES, JR., . CIVIL ACTION - LAW . Defendant . CUS'l'OOY . ClJS'JmY ~ILIATICN SlMIARY REPCm' IN AC<XJlIlANCB NI'.l'IJ CUIBI!RLAND CXUll'Y RULB (Jj' CIVIt ~ 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: ~ DATE OF BIR'l'If ~y IN m<l'J.OOY Cl! Ryan C. Gates Austin T. Gates Samantha M. Gates Decent>er 6, 1988 April 24, 1990 April 19, 1992 Father Father Father 2. A Conciliation COnference was held on ~'ebruary 17, 1999, with the following individuals in attendance: The Mother, Amy Gates, with her counsel, Linda A. Clotfelter, Esquire, and the Father, Ronald L. Gates, with his counsel, Ronald E. Johnson, Esquire. R~~~, / /, J'i''i'j Date . 3. 'llle parties agreed to entry of an Qt'der in the form as attached. Da~~ Custody Conciliator OAMI' Hll., "" 'JOll (11P) .,...,... II. ...... """'-"fW" nr.MU '''AM CIIlOW, "" I,. (11P) ...,. JAN 2 0 1999~') , '., . ~JIl._;"l'lilili~",.....,,"","~","__.,.,~. .-'-~'"'-----~ 4l~- ",,- MY GATBO, li'1ainUtf I I I I I I I IN Tal OOURT or OOKMON 'LIA8 or OUMBIRLAND COUNTY, 'I..SYLVANIA U /)' '( c.-. NO. 99- /9. L/l.Jl 1"'/.LJ'l'~l OIVIL AOTION - LAW OUSTODY va. RONALD L. GATES, JR. Defendant PRDElR QL..Q9.YM ;)-- i AND NOW, this _ ~ day of _ ('{'- '{'l( .' 1999, upon consideration of the attached Compla nt, 1t ~erebY directed that the parties and their respective counsel appear before \,~\~' ~~\~'-h=-~~D , -' the conciliator, a~.~ 1.-J,g;tO\f\ . ("( \ li 'c.h r 'j . _\)A on the --L-.l___ ay of \-r\-D, lCH--& . ,'1999, at \'.C)C, ;fl..m., fOl' a Pre-Hearing Custody Con rence. At such conference, an effort will be made to resolve the issues 1.n dj spute; or of 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 amy also be present at the conferencE!. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: c~~~i ~~crl\a2: I~ B-1 ~. 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 cJOntact 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 TAI\:B THIS PAPIR TO YOUR LAWYBR AT ONCI, II' YOU DO NOT HAVB A LAWYER OR CANNOT AFFORD ONI, GO TO OR TILIPHONI THI OPPICI BBT FORTH BBLOW TO FIND OUT WHIRl YOU CAN GBT LIGAL HIL.. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AllY GA'II, Plaintiff va. I 1M 'HI COURT or OOHMOH PLIA. or I OUKal.LAND OOUNTY, PI..SYLVAHIA I I 110. '1'1- / '1.1' (~IJ~I -1.-:,,,- I I OIVIL ACTIOII - LAW I OUSTODY aOIlALD L. GATI', JR. Derendallt COMPLAINT roa CUSTODY AND NOW comes, Plaintiff, Amy Gates, by and through her attorneys, Law Offices of craig A. Diehl, and files this Complaint for Custody, respectfully stating in support thereof the following: ),. Plaintiff is Amy Gates, an adult individual who resides at 23 Pinetree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Ronald L. Gates, ~rr., an adult individual who resides at 2409 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Due to the present circumstances, Plaintiff seeks to confirm her rights to physical custody of her children and seeks establish a set custody schedule including set partial oustody periods of the following children, all of whom presently reside at 2409 Rye Circle, Mechanicsburg, Cumberland County, Pennsylvania: ~. Date of Bir~ . Aae December 6, 1988 (10) April 24, 1990 (8) April 19, 1992 (6) Ryan C. Gates Austin T. Gates Samantha M. Gates The children were not born out of wedlook. The children are presently in the custody of Defendant at 2409 Rye Cirole, Mechanicsburg, Cumberland County, Pennsylvania. During the childr$nls lifetimes they have resided with the. following individuals at the following addresses: Individuals Al;k\[Jl..U 12m Ftr, Grandftr, 2409 Rye Circle 8/98 - present , Grandmtr Mechanicsburg, PA Ftr Dillsburg, PA 4/98 - 8/98 Mtr , Ftr 302 W. Simpson st. 7/98 - 4/98 Mechanicsburg, PA Mtr , .'tr 2108 Cedar Run Dr. 4/98 - 7/98 Camp Hill, PA Mtr 2108 Cedar Run Dr. 1/98 - 4/98 Camp Hill, PA Mt!:' , Ftr 16th street 1/95 - 1/96 Camp Hill, PA Mtr , Ftr Dillsburg 6/94 - 1/95 Mtr , Ftr 2001 Red Bank Road 6/88 - 6/94 Dover, PA The mother of the children is Plaintiff, Amy Gates, currently residing at 23 Pinetree Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married. The father of the children is Defendant, Ronald L. Gatee, currently residing at 2409 Rye CirCle, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of ' mo'ther. Plaintiff is currently residing with the fOllowing persons: ~ Relationship to Plaintiff Colleen Siebcner Scott Siebener Katelyn Casey sister brother-in-law niece nephew 5. The relationship of Defendant to the Qhildren is that of father. 6. Plaintiff has not partioipated as a part~. or. witness, or in another oapaoity, in other litigation conoerning the oustody of the ohildren in th.l.s or another oourt. 7. Plaintiff has no information of a oustody prooeeding oonoerning the ohildren pending in a oourt of the Commonwealth. 8. Plaintiff does not know of a person not a party to the prooeedings who has physical custody of the ohildren or olaims to have custody or visitation rights with respeot to the ohildren. 9. The best interest and permanent welfare of the ohildren will be served by granting the relief requested beoause: a. Plaintiff has traditionally been the primary oaretaker of the ohildren sinoe eaoh ohild's birth with same ceasing only due to Defendant I s oonduot during the marital separation of the parties and oiroumstanoes beyond Plaintiff's oontrol. More specifioally, the f inanoial situation of the parties, of whioh Defendant had primary oontrol and Plaintiff did not, has resulted in Pl&intiff being unable to obtain permanent housing suffioient to house herself and the children. 'rhis fact, together with Defendant I s refusal to permit Plaintiff oustody periods, has prevented Plaintiff from acting as primary caretaker of the ohildren, deapite her strong desire to have those responsibilities; b. Defendant has denied Plaintiff oustody periods with the ch.l.1dren and only pernlits Plaintiff oustody periods as designated by Defendant, despite Plaintiff 's spedf io requests for custody. At times, Defendant's oonduot has been severely hostile and abusive towards Plaintiff and Plaintiff I s relatives with whom Plaintiff res.l.dea, with Defendant threatening physical harm to their persons and property, same clearly not being in the best interests of the ohildren; o. Defendant has denied Plaintiff her legal custody rights to be inVolved in all major deoisions conoerning the health, eduoation and welfare of the ohUdren and has mainta.l.ned that he will continue to do so until a court intervenes. Moreover, despite Defendant's notice of school activities and recent. significant eduoational ooncerns regarding one of the children, Defendant has purposely, withheld notioe of same from Plaintiff so she oould not partioipate. In that ngard, Defendant has told the ohildren that their mother (Plaintiff) does not oare about them enough to pal'tioipate in these activities (of whioh she had no notice) ; d. Defendant has refused to provide Plaintiff with the telephone number of the residence where the ohildren are residing, said number being recently changed and unlisted purposely t.o deny Plaintiff access to the ohildren. Defendant has also limited Plaintiff's telephone oontaot with the children by not respond~.ng nor having the children respond when Plaintiff attempts to reach them. More specifioally, Plaintiff's attempts to contaot the children through oalls to Defendant's relatives have been futile, as neither Defendant nor the children return her calls; c. Defendant has not acted in the best interest of the children when he has become intoxicated while the ohildren are in his custody and has driven them in hi.s vehiole while in said intoxicated state. He also does not utilize seatbelts while transporting the childrenj f. Granting the relief requested will permit the children to develop a better relationship and bond with their mother, and will permit Plaintiff to provide the maternal nurturing that is essential, especially at the age of the children involved; g. permi tting Plaintiff custody periods while residing with Plaintiff's sister and brother-in-law will also give the children the opportunity to develop strong relationships with their first cousins, aunt, and uncle; and h. The present custody situation and the Defendant's hostile oonduct when speaking to Plaintiff and speaking of Plaintiff, same being witnessed by the parties' children, has been detrimental to the children's well-being and has only serves to damage the relationship between the children and Plaintiff. 10. Each parent whose parental rights to the children have not been tex'minat.ed and the person who has physical custody of the children have been named as parties to this action. 11. Plaintiff states that she now seeks the establishment of a partial custody schedUle due to her present housing situation and further avers that it is her intent to have any resulting custody schedule modified upon her relocation to housing that is sufficient for herself and all of the parties' children. Plaintiff further states that she seeks partial custody periods at this time due to Defendant's denial of custody periods with the children and his conduct that has been detrimental to Plaintiff's relationship with the children and clearly not in the best interest of the children. 12. At the time of the f i Hng of t.his Complaint, Plaintiff's present housing situation would permit Plaintiff to have partial custody periods with the parties' children as follows: a. Every Wednesday evening from 5:30 p.m. until 8:00 p.m. and every Sunday from 11:00 a.m. through 8:00 p.m.; b. Fi ve (5) hours on each holiday inoluding Easter, Memoria 1 Day, July 4 th, Labor Day, and Thanksg i vinC), with the parties designating two (2) custody periods for each holiday with the first custody periOd being from 8: 00 a.m. through 1:00 p.m. and the second be.i.ng from 1:00 p.m. through 6:00 p.m., with the parties having custody on an alternating basis annually; c. Plaintiff shall be entitled to a custody period during the Christmas holiday. It is proposed that said holiday being designated as two (2) custody periodll: the first being from 4:00 p.m. Christmas Eve through 11:00 a.m. on December 25th and the second being from 11:00 a.m. on December 25th through 12:00 noon on December 26th. It is further proposed that each party have one custody period of the Christ.mas holiday, with same alternating on an annual basis; d. Each party shall have a custody periods designated for the purpose of vacations; and e. Plaintiff shall be entitled to additional custody periods as agreed upon by the parties. 13. Plaintiff avers that the entry of an Order granting primary physical custody \;0 Defendant, w.ith partial custOdy to Plaintiff on a regular basis, with the intent that same shall be modified when Plaintiff has sufficient housing for the children, would be in the best interests of the children, as specifically described above. MY GATII, I IN THI COURT or COKMON PLBAI or Plaintiff I CUKBIRLAND COUNTY, PINlf8YLVANIA I v.. I NO. I ROIIALD L. GATI8, JR. I CIVIL AC'l'ION - LAW Defendant I CUSTODY VBRIrICATION I, aay Gate., verify that the statements made in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: 1/" /9r , , l~ . ~~. . Amy Ga es