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HomeMy WebLinkAbout07-5906WILLIAM P. GULA, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW JOANN M. GULA, ) NO. 6-7- S90(, 6,az -7Z, Defendant ) IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, WILLIAM P. GULA, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is WILLIAM P. GULA, an adult individual who resides at 320 West Meadow Drive, Mechanicsburg, Pennsylvania. 2. The Defendant is JOANN M. GULA, an adult individual who resides at 332 Equus Drive, Camp Hill, Pennsylvania. 3. The Plaintiff and Defendant are formerly husband and wife and are the parents of three minor children, Zachary P. Gula, now age 17, born 21 January 1990, Emily A. Gula, now age 14, born 18 March 1993, and Riley J. Gula, now age 12, born 3 January 1995. 4. Plaintiff seeks an award of primary physical custody of the children. 5. During the past five years, the children have resided with the following persons at the following addresses: 2001 through With Plaintiff and Defendant in an equally-shared custody summer of 2006 arrangement whereby each of the parties had custody of all three children in alternating weeks. Summer of 2006 The older son, Zachary, resided in the primary custody of to the present the Defendant at her home and the other two children continued in the equally-shared custody arrangement, on a week-to-week basis, with both parties. 1 6. Plaintiff and Defendant were parties to an action in child custody filed in York County, Pennsylvania, more than ten years ago. The orders entered in that case evolved into the present custody arrangements by the actions and agreements of the parties. There has been no litigation in the York County action for at least ten years. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 7. Plaintiff believes the best interests of the children will be served by awarding him primary physical custody of all three children for the following reasons: A. The Defendant is unable to control the children and provide a stable and suitable home for them; and B. The oldest child, Zachary, has become involved with illegal drugs, has performed extremely poorly in school, has defied Defendant, and has become a disruption in Defendant's household to the point where his conduct jeopardizes the stability of that home; and C. Defendant fails to provide an environment for the proper raising of and care for the children; and D. Defendant's current husband, who is a stabilizing influence in Defendant's home, has recently been ordered out of the home by Defendant and will soon be leaving the home, thereby further reducing the stability in Defendant's home and Defendant's ability to care for and supervise the children; and E. Defendant has a close relationship with his children, particularly the younger two children, and can provide a proper, stable, and nurturing home for all the children. 2 8. For the reasons stated above, Plaintiff requests this Court to award him primary legal and physical custody of all three of the parties' children and believes such an action by this Court is in the best interests of the children. 9. Each parent whose parental 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, WILLIAM P. GULA requests this Court to grant him primary legal and physical custody of all three of the parties' children. el L. And-eV Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 3 I verify that the statements made in this docurpient are true and correct. I ynderstand that any false statements in this document are subject to the pena 6f 1 S Pa. C.S. 4904 (unsworn falsification to authorities). e 1 11 -" J?11 I DATE: L VVtCLXM P. GULA 4 ?-/, C-_; ?., ?° ? r -? e1 ?' Q `,V ? ?! ? ?;. ? ?, ? - ?, ? ? ?_ ?( - _ ?.?_ WILLIAM P. GULA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5906 CIVIL ACTION LAW JOANN M. GULA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, October 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, November 19, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 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 4? ?- j (Z V 7; V al lelw .:?/ al CIA ? £ 0 Wd 9 R 130 f OOl A8ViG t`.:4 t.t ? d ?Hl ?Q ??i to ?r-??lfd DEC 17 20vod V WILLIAM P. GULA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-5906 CIVIL ACTION LAW JOANN M. GULA Defendant IN CUSTODY ORDER OF COURT AND NOW, this tI ?4 day of D e-e- _ , 200-2 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, William P. Gula, and the Mother, Joann M. Gula, shall have shared legal custody of Zachary P. Gula, born January 21, 1990, Emily A. Gula, born March 18, 1993, and Riley J. Gula, born January 3, 1995. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, Ed.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. The costs of the evaluation shall be shared between the parties, with the Father to pay two-thirds (2/3) and the Mother to pay one-third (1/3) of the total costs initially, with each party reserving the right to request a different allocation of costs through the Court after completion of the evaluation. 4 3. The parties and counsel shall attend a follow-up custody conciliation conference on Tuesday, March 18, 2008 at 9:00 a.m., by which time the custody evaluator shall provide written custody recommendations. 4. Pending further Order of Court or agreement of the parties, the parties shall continue to share physical custody of Emily and Riley on an alternating weekly basis and the Mother shall have primary physical custody of Zachary, with the Father having partial custody at times arranged by agreement. 5. Pending the conciliation conference scheduled in this Order, the parties shall obtain drug testing for Zachary on a monthly basis and all test results shall be shared between the parties promptly. 6. 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. cc Samuel L. Andes, Esquire - Counsel for Father Donald T. Kissinger, Esquire - Counsel for Mother is fist L, /2d/v7 BY THE COURT, t? - y ?2 big J COO- WILLIAM P. GULA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-5906 CIVIL ACTION LAW JOANN M. GULA Defendant 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary P. Gula January 21, 1990 Mother Emily A. Gula March 18, 1993 Father/Mother Riley J. Gula January 3, 1995 Mother/Father 2. A custody conciliation conference was held on December 10, 2007, with the following individuals in attendance: the Father, William P. Gula, with his counsel, Samuel L. Andes, Esquire, and the Mother, Joann M. Gula, with her counsel, Donald T. Kissinger, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ? / 11. d oo 7 Date Dawn S. Sunday, Esquire Custody Conciliator Vp 2 2 2008 WILLIAM P. GULA Plaintiff vs. JOANN M. GULA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-5906 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 17th day of September, 2008, the conciliator, being advised by Plaintiff s counsel that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator C r? r , tit