Loading...
HomeMy WebLinkAbout04-0354IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA MARK S. GILBERT, Plaintiff, VS. JUDITH HAMOVITZ, Defendant, Civil Action At Law---Custody Case No. 0 `f- 3 Sy Ot- l o-. COMPLAINT FOR CUSTODY 1. The plaintiff is Mark S. Gilbert, an adult individual sui juri, residing at 12190 State RTE 304 Mifflinburg 17844 Commonwealth of Pennsylvania. 2. The defendant is Judith Hamovitz, an adult individual currently residing at 1600 Summit Avenue, Camp Hill, 17011 in the County of Cumberland, Commwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Aee Jameson A. Gilbert same as father's dob 5/12/2000 4 years Mollie Gilbert same as father's dob 6/22/2001 2 years 4. The children were born outside of wedlock. 5. The children are presently in the custody of Mark S. Gilbert who resides at 12190 State RTE 304, Mifflinburg 17844 Commonwealth of Pennsylvania. 6. Since the date of this complaint the children have resided with the father at 12190 State RTE 304 Mifflinburg 17844 Commonwealth of Pennsylvania. 7. The biological mother of the children is Judith Hamovitz , currently residing at 1600 Summit Avenue, Camp Hill, 17011 in the County of Cumberland, Commwealth of Pennsylvania. 8. The mother is separated from the father, plaintiff and is currently unmarried. 9. The father of the children is Mark S. Gilbert, who currently resides at 12190 State RTE 304 Mifflinburg 17844 Commonwealth of Pennsylvania. 10. The father is separated from the mother and remains un-married to the mother, Defendant. 11. The relationship of the plaintiff to the children is that of a biological Father. The Plaintiff currently resides with the following persons: Name Emma Beck home. Jameson A. Gilbert Mollie Gilbert Relationship plaintiff rents a portion of this persons Son Daughter 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has Physical Custody of the child or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The defendant mother has exercised poor judgment in the presence of the children by consuming alcohol in their presence and allowing her son to take possession of a beer bottle and place it to his mouth on at least two occasions where it remains uncertain as to whether the child ingested or consumed alcohol or the residue thereof. (b) The defendant mother has held alcohol related parties with other "adults" in the presence of the children with whom it is believed the children are unfamiliar. (c) Mother's employment schedule is such that she does not have, nor has she had a sufficient amount of time to dedicate to her children and has consistently had prolonged absences from the residence. (d) Mother has spontaneously departed from the household to indulge in vacations with a male companion who she proclaims to be a "friend" (e) The father has been and continues to be the primary caretaker and caregiver to his children during the mother's prolonged absences from the residence for employment and/or recreational endeavors. (f) The children have formed an intimate relationship with plaintiff's parents, their grandparents who have provided along with the biological father, a stabilizing influence and comfortable home environment for which the children have grown both accustomed and familiar. (g) Plaintiff, believes and therefore avers that he can continue to provide a predictable and stable lifestyle for which, the children have become accustomed and which will be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff, Mark S. Gilbert, respectfully requests for the aforementioned reasons, that the court grant and award him primary physical custody of the children. DATED: 1/26/2004 GREGORY S. H PA. 17055 (717) 790-5500 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904 relating to unworn falsification to authorities Date: ?/ /•??i??`? Park S. Gilbe ,Plaintiff n 1 co 7 n 2 : ° -v ?j w N t. Ci p : v d MARKS. GILBERT ' IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH HAMOVITZ 04-354 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday February 05, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before at Dawn S. Sunday Esq the conciliator, 39 West Main Street, Mechanicsbur , PA 17055 on Wednesday, February 25, 2004 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues ntdis8:30 M put Por 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/ Dawn Cz aav 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 r accommodations available to disabled individuals having business easonable 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 10 Lh £ Wd S-fl3dh0iiZ a.?1V10 lOH7.Ocd 3Hl 3O 30I?;G-0311? ??? * edl?ol 4?v "iQ S' r MARK S. GILBERT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA ? VS. 04-0354 CIVIL ,t 1/ CIVIL ACTION - CUSTODY JUDITH HAMOVITZ, Respondent JUDITH HAMOVITZ, Plaintiff VS. MARK STEVEN GILBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0452 CIVIL CIVIL ACTION - CUSTODY ORDER AND NOW, this 4-'o day of February, 2004, it appearing that the parties have filed cross-petitions for emergency relief, this matter is referred to conciliation. BY THE COURT, Gregory Hazlett, Esquire For Mark S. Gilbert Joanne Harrison Clough, Esquire For Judith Hamovitz Court Administrator :rlm a?6,6? ? n??Jf?U?ri4f. ??'/it'?? uI,! i^? ; ?]? ?t hS :? 4!d 9- fl3?h0?Z ,l?v:C:?JU? ?311?1'?0 MARK S. GILBERT, Plaintiff vs. JUDITH HAMOVITZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this Z'? day of rK4_e.k , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark S. Gilbert and the Mother, Judith Hamovitz, shall have shared legal custody of Jameson A. Gilbert, bom May 12, 2000, and Mollie Gilbert, born June 22, 2001. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties and the Children shall participate in a course of family counseling/co-parenting counseling with Bonnie Howard, PhD, or other professional selected by agreement of the parties. The purpose of the counseling shall be to promote the Children's adjustment to the parties' separation and to address conflicts which are having a detrimental effect on the Children's emotional well-being. All costs which are not covered by insurance shall be shared equally between the parties. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday at 5:30 pm through Monday at 8:30 am. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Children from Tuesday at 5:30 pm through Wednesday at 8:30 am and from Thursday at 5:30 pm through Friday at 8:30 am. During weeks following the Mother's weekend periods of custody, the Father us?j-' ..rte U. Q r Ce) 2 , L wW . i.f?3C N U shall have custody of the Children from Monday at 5:30 pm through Tuesday at 8:30 am and from Wednesday at 5:30 pm through Thursday at 8:30 am. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. C. The custody schedule shall begin with the Father transferring custody of the Children to the Mother on Wednesday, February 25, 2004 at 8:30 am. The alternating weekend schedule shall begin with the Mother having custody of the Children on Friday, February 27, 2004. 4. The parties acknowledge that the foregoing custody arrangements are based, in part, on the Father's intention to establish a residence within 15 miles of the Mother's residence unless otherwise agreed between the parties, within thirty days of the custody conciliation conference. In the event that the Father has not accomplished the intended relocation within thirty days, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 5. The parties shall have custody of the Children on holidays as follows: A. Religious Holidays: The Mother shall have custody of the Children for all Jewish holidays and the Father shall have custody of the Children for all Christian holidays. B. Secular Holidays: The parties shall alternate or share having custody of the Children on secular holidays as arranged by agreement. C. Mother's Day / Father's Day: In every year, the Mother shall have custody of the Children on Mother's day and the Father shall have custody of the Children on Father's day. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for three non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her weeks of vacation custody to include that party's regular weekend custodial period, unless otherwise agreed. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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. BY THE COURT, cc: Gregory S. Hazlett, Esquire - Counsel for Father `3- Oj-O Joanne Harrison Clough, Esquire - Counsel for Mother ?""° MARK S. GILBERT, Plaintiff vs. JUDITH HAMOVITZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-354 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 subjects of this litigation is as follows: NAME DATE OF BIRTH Jameson A. Gilbert May 12, 2000 Mollie Gilbert June 22, 2001 2. A Conciliation Conference was held on February 24, 2004, with the following individuals in attendance: The Father, Mark S. Gilbert, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Judith Hamovitz, and her counsel, Joanne Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the form as attached. It should be noted that both parties have filed Petitions in this matter under separate docket numbers. It was agreed at the conference that counsel would take the necessary steps to have this matter consolidated under Docket No. 04-354. wb2;4 r3 .boo Date Dawn S. Sunday, Esquire' Custody Conciliator MARK S. GILBERT, ? IN THE COURT OF COMMON Plaintiff 1 PLEAS OF CUMBERLAND ? COUNTY, PENNSYLVANIA VS. JUDITH HAMOVITZ, Defendant CIVIL ACTION - LAW NO. 04-354 CIVIL TERM IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to modify its last custody order in this matter, based upon the following: 1. The Petitioner herein is the Defendant, Judith Hamovitz. The Respondent is the Plaintiff, Mark S. Gilbert. 2. The parties are the parents of two minor children, Jameson A. Gilbert, born 12 May 2000 and Mollie Gilbert, born 22 June 2001. Those children are the subject of an order entered by this court dated 2 March 2004, a copy of which is attached hereto and marked as Exhibit A. 3. Petitioner seeks a modification of the order of 2 March 2004 to award her primary physical custody of both children, for the following reasons: A. The Plaintiff has not complied with the provisions of Paragraph 4. Although he has rented a house or apartment in Camp Hill, he has not made that location, he does not use that location for his periods of custody with the children, but instead subjects them to long periods of travel in his automobile so that he can spend time with his girlfriend. B. The custodial arrangements contemplated by the order of 2 March 2004 have not proven to be in the best interest of the children. C. Plaintiff's conduct since the entry of that order has demonstrated that he does not have the best interest of the children in mind and that he is not able to provide proper care for them. 4. For the above reasons, Defendant believes that the best interest of the children will be served by returning them to Defendant's primary physical custody. WHEREFORE, Defendant prays this court to modify its order of 2 March 2004 and award her primary physical custody of both children subject to periods of temporary custody for the Plaintiff. Samuel L. Anders Attorney for Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: )8 N ? y (9 110&? 1 J DITH HAMOVIT EXHIBIT A ?e r 2004 . MARK S. GILBERT, Plaintiff vs. JUDITH HAMOVITZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this -Z?KOL day of 7At , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark S. Gilbert and the Mother, Judith Hamovitz, shall have shared legal custody of Jameson A. Gilbert, born May 12, 2000, and Mollie Gilbert, born June 22, 2001. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties and the Children shall participate in a course of family counseling/co-parenting counseling with Bonnie Howard, PhD, or other professional selected by agreement of the parties. The purpose of the counseling shall be to promote the Children's adjustment to the parties' separation and to address conflicts which are having a detrimental effect on the Children's emotional well-being. All costs which are not covered by insurance shall be shared equally between the parties. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday at 5:30 pm through Monday at 8:30 am. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Children from Tuesday at 5:30 pm through Wednesday at 8:30 am and from Thursday at 5:30 pm through Friday at 8:30 am. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Children from Monday at 5:30 pm through Tuesday at 8:30 am and from Wednesday at 5:30 pm through Thursday at 8:30 am. B. The Mother shall have custody of the Children a1: all times not otherwise specified for the Father. C. The custody schedule shall begin with the Father transferring custody of the Children to the Mother on Wednesday, February 25, 2004 at 8:30 am. The alternating weekend schedule shall begin with the Mother having custody of the Children on Friday, February 27, 2004. 4. The parties acknowledge that the foregoing custody arrangements are based, in part, on the Father's intention to establish a residence within 15 miles of the Mother's residence unless otherwise agreed between the parties, within thirty days of the custody conciliation conference. In the event that the Father has not accomplished the intended relocation within thirty days, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 5. The parties shall have custody of the Children on holidays as follows: A. Religious Holidays: The Mother shall have custody of the Children for all Jewish holidays and the Father shall have custody of the Children for all Christian holidays. B. Secular Holidays: The parties shall alternate or share having custody of the Children on secular holidays as arranged by agreement. C. Mother's Da / Father's Da : In every year, the Mother shall have custody of the Children on Mother's day and the Father shall have custody of the Children on Father's day. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for three non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall schedule his or her weeks of vacation custody to include that party's regular weekend custodial period, unless otherwise agreed. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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. BY THE COURT, 'tom 12 A" J. cc: Gregory S. Hazlett, Esquire - Counsel for Father Joanne Harrison Clough, Esquire - Counsel for Mother PIN@PE CC,,'`r° P-Omo ni co'!10 16 TOGO l AY to r r slt. 1 Viz;; zr;4o ttatW 2nki w'w a0i Of = ki C-006 i at l iEF i® , PA. rhis..?LL.- day a-_!i? jzaY' PPOfhontytg /V U Q` r N C=.l T.i T f,7 N T T m fS? T t.J ri '.7 MARK S. GILBERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 04-354 CIVIL ACTION LAW JUDITH HAMOVITZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday June 03, 2004 , 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 Wednesday, June 30, 2004 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sundg 4 FS-q .__ __-mhc 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 E[ELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17,013 Telephone (717) 249-3][66 LS '-Z -il ?0 AUG 1 6 7-6n y MARK S. GILBERT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JUDITH HAMOVITZ Defendant 04-354 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this Z y' day of w? v consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: upon 1. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the Wd 6 day of A Z 2004, at 6q) which time testimony will be taken. For purposes of the hearing, the Mother, Hao'clock q m, movitzshall at be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel, a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated March 2, 2004 shall continue in effect. cc: 96gorY S. Hazlett, Esquire - Counsel for Father /Samuel L. Andes, Esquire - Counsel for Mother %4 08 -,?2y-0y BY THE COURT, rn tci i;7 ?'''' }'UZ LG MARK S. GIL13ERT Plaintiff vs. JUDITH HAMOVITZ Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-354 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jameson A. Gilbert May 12, 2000 Mollie Gilbert Mother/Father June 22, 2001 Mother/Father 2. A conciliation conference was held on August 4, 2004, with the following individuals in attendance: The Father, Mark S. Gilbert, with his counsel, Gregory S. Hazlett, Esquire, and the Mother, Judith Hamovitz, with her counsel, Samuel L. Andes, Esquire. 3. This Court previously entered an Order in this matter on March 2, 2004 under which the parties agreed to participate in family/co-parenting counseling and to share having physical custody of the Children. The Mother's agreement to the shared custody arrangement was based in large part on the Father's promise to establish a residence in the local Camp Hill area where the Mother resides to eliminate the travel time for the Children to and from the Father's employment in Camp Hill and his residence in Union County. The Mother filed this Petition for Modification alleging that the Father had violated the spirit, if not the letter, of the prior Order and is requesting primary physical custody of the Children. 4. This case involves a factual dispute as to where the Children are residing/sleeping overnight during the Father's periods of custody. As it appears that one of the parties was misrepresenting the situation at the conference, making it impossible to discuss options for resolution, it will be necessary to schedule a hearing to assess credibility through testimony. 5. The Mother's position on custody is as follows: The Mother stated that she lives a few homes down the street from the Father and has noticed that the Father is not at home as late as 11:00 p.m. when he has custody of the Children. The Mother believes the Father, who works in Camp Hill, is driving back and forth to Union County before work in the early morning and after work in the evening when he has the Children. The Mother feels that it would be in the Children's best interest to live primarily with her to avoid traveling long distances with the Father on a regular basis. In essence, the Mother's position is that the Father's "compliance" with the prior Order by renting a residence in Camp Hill has been a sham. 6. The Father's position on custody is as follows: The Father stated that he has complied with the prior Order requiring him to obtain a residence within 15 miles of the Mother's home. The Father indicated that the Children have slept in his residence in Camp Hill every night on which he had custody since the March 2, 2004 Order. The Father denied the ]Mother's allegations that he and the Children have not been living in the Camp Hill residence during his periods of custody. The Father believes it is in the Children's best interest to continue the shared custody arrangement provided in the existing Order. 7. The conciliator submits an Order in the form as attached scheduling a hearing on the Mother's Petition to Modify. It is expected that the hearing will require at least one half day. Date .? Dawn S. Sunday, Esgwire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Mark Gilbert Plaintiff Vs. Judith Hamovitz Defendant CIVIL ACTION---LAW No. 04-354 In Custody MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff's attorney Gregory S. Hazlett, Esquire and states the following in support of his Motion for Continuance. 1. Plaintiff is Mark S. Gilbert. the moving party of a Custody Complaint and Respondent relative to a Petition to Modify Custody filed by the Petitioner Judith Hamovitz on the 4`" day of June 2004. 2. A Conciliation Hearing was originally scheduled for 30`x' day of June 2004 but was continued to August 4"i, 2004 per the request of opposing counsel Samuel Andes, Esquire and with concurrence from counsel for Plaintiff/Respondent, and held on the 4"' day of August 2004 wherein the parties were unable to reach a resolution of the matter. 3. A hearing was scheduled before the Honorable, Kevin Hess on October 21", 2004 at 9:00 a.m 4. Counsel, for plaintiff,/respondent, Mark Gilbert has three other hearings scheduled on this day which include a District Magistrate Hearing scheduled for 10:30 a.m. before the Honorable, Stewart's office, a bankruptcy hearing scheduled at 12:00 p.m. on the same day as well as a Dismissal Hearing before the Honorable, Judge France in the Federal Building at 2:00 p.m. of the same day. 5. Counsel, Gregory S. Hazlett, is unable to reschedule the 10:00 a.m. bankruptcy hearing to the extent this is a second rescheduled hearing, due to the debtor being absent from the first hearing as a result of a diabetic shock which required his admission into a hospital. If the debtor does not attend the second rescheduled hearing his case will be dismissed. 7. Counsel, Gregory S. Hazlett, is a Sole Proprietar and is unable to find an alternative attorney to attend these hearings. 7. For the aforementioned reasons counsel for Plaintiff requests that the Honorable Court grant a continuance and reschedule the custody Hearing scheduled for October 21", 2004, at 9:00 a.m. to an alternative day and time. WHEREFORE, plaintiff's attorney Gregory S. Hazlett respectfully request that Honorable Court continue the Custody Hearing scheduled for October 21", 2004 to an alternate day and time. Date: 10/4/2004 Respectfully Submitted, GREGORY S. HAZ 7 WXt Main PA. 17055 7-790-5500 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case No.1:04-bk-03351-?dDF Chapter 13 In re: Debtor(s) (name(s) used by the debtor(s) in the last 6 years, including married, maiden, trade, and address): Teresa L Weaver William B Weaver 513 Mountain View Road 513 Mountain View Road Middletown. PA 17057 Middletown, PA 17057 ID Nos.: is hereby given that: previously scheduled 341 meeting of creditors has been 0' rescheduled 1, continued to: October 21, 2004 12:00 PM ION: Federal Bldg, Trustee Hearing Rm, Room 1160, 11th Floor, 228 Walnut Street, Harrisburg, tdress of the Bankruptcy Clerk's Office: .S. Bankruptcy Court J Box 908 arrishure. PA 17108 Court: Byers the Bankruptcy Court 052669 COMMONWEALTH OF PENNSYLVANIA (-.ni INTV nF• DAUPHIN N-o 12-1-04 DJ Name'. Han. MARSHA C. STEWART Address: 1520 WALNUT STREET HARRISBURG, PA Telephone: (717 ) 233-1220 17103 ATTORNEY FOR PLAINTIFF : GREGORY S. HAZLETT 7 W. MAIN STREET MECHANICSBURG, PA 17055 NOTICE OF CONTINUANCE PLAINTIFF: NAME and ADDRESS 1UT0 SAVE LEASING AND RENTAL P.O. BOX 26 MECHANICSBURG, PA 17055 L J Vs. DEFENDANT: NAME aedhkURSEeEADDRESS FHAYWARD, HENRIETTA 914 N. 16TH STREET 2ND FLOOR LHARR.ISBURG, PA 17103 J Docket No.: CV-0000392-04 Date Filed: 5/13/04 Pg ` Please note that the hearing in the above captioned case, which was scheduled to occur on: 8/19/04 has been continued to: 1bTk1l:T C-UVML "-+- 1520 WALNUT STREET 10:30 AM HARRISBURG, PA 17103 If you have any questions, please contact this office immediately. Continuance requested by: HAZLETT, GREGORY S _... .. ,.. _ _ . _ _ _r.....__ If you are disabled and require assistance, please contact the Magisterial District office at the address above 8/20/04 Date strictJustic6,„ SEAL My commission expires first Monday of January, 2006 . j Cc 74 DATE PRINTED: 8/20/04 9:04:42 AM AOPC 616-02 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 DEBTORS CHAPTER 13 SERVED WITH TRUSTEE'S MOTION TO DISMISS FOR TRUSTEE'S MOTION TO FAILURE TO PAY PLAN . DISMISS NOTICE TO PARTIES IN INTEREST NOTICE IS HEREBY GIVEN THAT Charles J. DeHart, III, Standing Chapter 13 Trustee for the Middle District of Pennsylvania has filed a Motion to Dismiss for failure to make timely plan payments as called for in your chapter 13 case which is referenced on the reverse side of this notice. YOU ARE HEREBY NOTICED that a hearing will be held on said Motion on October 21, 2004, at 2:00 p.m. This hearing will be held in the Federal Bankruptcy Courtroom, third floor, Federal Building, Third and Walnut Streets, Harrisburg, PA. . YOU ARE FURTHER NOTICED that you MUST attend this hearing unless one of the following takes place: 1. You have paid the amount due, AND you have entered into a valid stipulation with Trustee DeHart on or before October 14, 2004. If you have any questions concerning the enclosed stipulation, you may call your attorney or the Trustee's office. Please note that all payments must be made by mailing a eertifie:d check or money order. NO PERSONAL CHECKS OR CASH WILL BE ACCEPTED. AMOUNT DUE INCLUDING OCT 2. You have filed a voluntary conversion to Chapter 7 or a voluntary case dismissal on or before October 14, 2004, with the U.S. Bankruptcy Court in ]Harrisburg, PA and have served a copy of that motion upon Trustee DeHart. FAILURE TO COMPLY WITH THE ABOVE AND FAILURE TO APPEAR MAY RESULT IN AUTOMATIC DISMISSAL OF YOUR CHAPTER 13 CASE, WITHOUT FURTHER NOTICE. Any questions concerning plan arrearage should be directed to Trustee DeHart's office at (717) 566-6097, Monday-Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Do not call the Bankruptcy Court, as the Court does not maintain records for debtor's payment status. DATE: September 23, 2004 CHARLES J. DEHART, III, TRUSTEE CERTIFICATE OF SERVICE Trustee, Charles J. DeHart, III, certifies that this NOTICE: TO PARTIES IN INTEREST was served upon Debtors and counsel of record by depositing the same in the U.S. Mail, first class, postage prepaid on September 23, 2004. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 DEBTORS CHAPTER 13 SERVED WITH TRUSTEE'S MOTION TO DISMISS FOR TRUSTEE'S MOTION TO FAILURE TO PAY PLAN DISMISS NOTICE TO PARTIES IN INTEREST NOTICE IS HEREBY GIVEN THAT Charles J. DeHart, III, Standing Chapter 13 Trustee for the Middle District of Pennsylvania has filed a Motion to Dismiss for failure to make timely plan payments as called for in your chapter 13 case which is referenced on the reverse side of this notice. YOU ARE HEREBY NOTICED that a hearing will be held on said Motion on October 21, 2004, at 2:00 p.m. This hearing will be held in the Federal Bankruptcy Courtroom, third floor, Federal Building, Third and Walnut Streets, Harrisburg, PA. YOU ARE FURTHER NOTICED that you MUST attend this hearing unless one of the following takes place: 1. You have paid the amount due, AND you have entered into a valid stipulation with Trustee DeHart on or before October 14, 2004. If you have any, questions concerning the enclosed stipulation, you may call your attorney or the Trustee's.office. Please note that all payments must be made by mailing a certified check or money order. NO PERSONAL CHECKS OR CASH WILL BE ACCEPTED. AMOUNT DUE INCLUDING. 2. You have filed a volunt oC l version to Cha er 7 or a voluntary case dismissal on or before October 14, 2004, with the U.S. Bankruptcy Court in Harrisburg, PA and have served a copy of that motion upon Trustee DeHart. FAILURE TO COMPLY WITH THE ABOVE AND FAILURE TO APPEAR MAY RESULT IN AUTOMATIC DISMISSAL OF YOUR CHAPTER 13 CASE, WITHOUT FURTHER NOTICE. Any questions concerning plan arrearage should be directed to Trustee DeHart's office at (717) 566-6097, Monday-Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Do not call the Bankruptcy Court, as the Court does not maintain records for debtor's payment status. DATE: September 23, 2004 CHARLES J. DEHART, III, TRUSTEE CERTIFICATE OF SERVICE Trustee, Charles J. DeHart, III, certifies that this NOTICE TO PARTIES IN INTEREST was served upon Debtors and counsel of record by depositing the same in the U.S. Mail, first class, postage prepaid on September 23, 2004. .r- Ti CD ? rn a[n ' ? ? Co COMMONWEOALTH F PENNCUMBF SYLV NIA D COUNTY IN THE COURT CIVIL ACTION---LAW Mark Gilbert Plaintiff No. 04-354 In Custody Vs. Judith Hamovitz Defendant CERTIFICATE OF SERVICE of October, 2004 served a true, accurate and " day, This is to certify that I have this 5 Y> correct copy of the within and foregoing Motion for Continuance by depositing a copy of States Mail, with sufficient first class postage prepaid affixed the same in the united thereon to assure delivery, addressed to the following interested parties: SAMUEL ANDES, ESQUIRE PO Box 168 Lemoyne PA 17043-0168 Attorney I.D. 69526 (_ r C-j Y ?i r7l ro n-1 ?' t: ?? N C'>rn r .. -1 K ? V OCT 0 7 2004,E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Mark Gilbert Plaintiff Vs. Judith Hamovitz Defendant CIVIL ACTION---LAW No. 04-354 In Custody ORDER AND NOW, this //' , day, of O0/24-? 2004, in response to the Request for a Continuance it is hereby ORDERED that the Custody Hearing scheduled for October 21", 2004 at 9:00 a.m.. shall be continued to, and held on, boy / %30/0 VIZI JU at 9_.m. BY THE COURT ?b? ?Z:TH"I ZI 13041 oz Aut , l MARK S. GILBERT, Plaintiff VS. JUDITH HAMOVITZ, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-354 CIVIL TERM IN CUSTODY PRAECIPE Kindly withdraw the appearance of Gregory S. Hazlett, Esquire, as attorney for Plaintiff Mark S. Gilbert. Date: Kindly enter the appearance of Michael D. Rentschler, Esquire, as attorney for Plaintiff Mark S. Gilbert. Date: ?? 3 1) Michael D. Rentschler, squire C) c 0 r i Yl ; {`!1 `? .! F3 MARK S. GILBERT, Plaintiff VS. JUDITH HAMOVITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-354 IN CUSTODY PETITION FOR TEMPORARY CUSTODY SCHEDULE AND NOW comes the above-named Defendant, Judith Hamovitz, by her attorney, Samuel L. Andes, and petitions the court to set a schedule of her temporary custody with and of the children who are the subject of this action, on a temporary basis until the matter can be fully be considered by the court, based upon the following: 1 . The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties are the parents of two minor children, Jameson A. Gilbert, born 12 May 2000 and now age 4, and Mollie Gilbert, born 22 June 2001 and now age 3. 3. Prior to 16 November 2004, the children resided in the shared physical custody of Plaintiff and Defendant and spent substantially equal time with each parent. Because of the parties' work schedules, the children typically spent at least a portion of every morning with the Defendant and of every evening with the Plaintiff. The times in between the children were in the care of a babysitter used by both of the parties. That babysitter is named Mazenna Zane and she resides at 7 October Lane, Apartment 4, in Camp Hill, Pennsylvania. 4. By an order entered by this court on 16 November 2004, physical and legal custody of the two children was awarded to the Plaintiff and the custody rights of the Defendant were temporarily vacated pending a hearing which is scheduled for 29 November 2004. That order was based upon an ex parte petition filed by Plaintiff without prior notice to Defendant or her attorney, in which Plaintiff alleged that Defendant had physically and sexually abused the children. 5. Defendant denies any abuse of the children. The children have not been subject to any type of physical, sexual, or other abuse while in her care or custody or while with anyone under her supervision. Defendant believes that the recent complaint of such abuse made by Plaintiff and his family is an attempt to deprive her of her custody rights with regard to the children and to gain an advantage in the custody litigation which is now scheduled for a hearing on 10 December 2004. 6. Defendant believes that the children and both parents, and other parties involved in the children's lives, need to be evaluated by a competent psychologist to determine whether the children have been subjected to the abuse of which Plaintiff has accused Defendant. She believes that, without that type of an evaluation, the court will not have all the information it needs to properly decide the case. She also recognizes that such an evaluation, to be done properly, may delay the resolution of this case for sometime. 7. Defendant wishes to see and spend time with her children on a regular basis and specifically including the upcoming holidays. The court has scheduled its first hearing in this matter after the Thanksgiving holiday and, without interim relief, Defendant will not be able to see the children over that holiday or until further order of this court. 8. Although Defendant denies that she is guilty of any misconduct or mistreatment of the children, she is willing to agree to supervision of her time with the children by a competent adult pending further order of this court. 9. Defendant proposes that she have periods of temporary custody of the children, until the court can conduct its hearings in this matter, every morning from 8:30 a.m. until 1:30 p.m., at which time she would return the children to Ms. Zane who can continue to perform her function as the babysitter for the children. She also wants to have the children with her for the Jewish Hanukkah holiday, commencing on the morning of 8 December 2004 and continuing through late in the day on 15 December 2004, so the children can be in Pittsburgh with her family and her for those holidays. 10. She proposes that her periods of temporary custody of the children, both in Camp Hill and in Pittsburgh, be supervised by one of the following three people: A. Her mother, Inge Hamovitz who resides in Pittsburgh, Pennsylvania. B. Her sister, Susan Hardesty, who resides at 2343 Eldridge Street in Pittsburgh, Pennsylvania. C. The children's long-term babysitter, Mazenna Zane, who resides at 7 October Lane, Apartment 4 in Camp Hill, Pennsylvania. D. A long term family friend who is very familiar with the children, Katherine Miller who resides at 1902 Dartmouth Street in Camp Hill, Pennsylvania. WHEREFORE, Defendant prays this court to enter an order granting her periods of temporary custody of both of her children on the schedule set out in the attached order and, if the court deems it appropriate, such periods of temporary custody to be supervised by a competent adult. d Sa uel 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 document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ct-0 NOv Jqu, T H HAMOVIT ? rv f'6' Y p' r' i CJ rlo t W C cn CD CJ "? MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JUDITH HAMOVITZ, Respondent NO. 04-0354 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of November, 2004, following a hearing, the temporary order entered on November 16, 2004, is vacated. The custody order regarding Jameson A. Gilbert, born May 12, 2000, and Mollie Gilbert, born June 22, 2001, dated March 2, 2004, is reinstated pending any further order of court and the parties' current custoi .,Michael D. Rentschler, Esquire For Petitioner ,(/Samuel L. Andes, Esquire For Respondent prs ? I 11-30-?`? vrta' ?"? 01y-1+j MARK S. GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-354 CIVIL JUDITH HAMOVITZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10th day of December, 2004, the appropriate representative of Cumberland County Children and Youth is directed and authorized to testify in the matter of the Gilbert Hamovitz matter. By the Court, XA- /-/A? Kev' A. Hess, J. Michael D. Rentschler, Esquire For the Plaintiff Samuel L. Andes, Esquire 0 For the Defendant pcb MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-354 CIVIL JUDITH HAMOVITZ, Defendant IN CUSTODY ORDER AND NOW, this 2-0 ' day of December, 2004, continued hearing in the above captioned matter is set for Friday, March 4, 2005, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,0regory S. Hazlett, Esquire For the Plaintiff vamuel Andes, Esquire For the Defendant Am A fill ?:'l 12-ao ?oy BY THE; COURT, , ^t7 ?' 1 7 . `2 MARK S. GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 04-354 CIVIL JUDITH HAMOVITZ, Defendant IN CUSTODY IN RE: PETITION TO MODIFY CUSTODY ORDER AND NOW, this /8- day of April, 2005, following hearing and consideration of the testimony adduced and the memoranda filed by counsel for the parties, the court being satisfied that the existing custody order serves the best interest of the children and that a modification thereof is not warranted, the petition of the defendant for modification of custody is DENIED. BY THE COURT, yMichael D. Rentschler, Esquire For the Plaintiff ,',8'amuel L. Andes, Esquire For the Defendant Am *C? pq -19-05 „"v ,z,z • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I am an intake case worker. Q How long have you held that or a similar position with that agency? A With this agency, one year; with other agencies, a little over three years. Q What is your educational background in preparation for this position? A I have a Bachelors Degree in Sociology. Q From? A Shippensburg University. Q What does an intake case worker do in your position? A Basically, I receive cases, either child abuse cases or General Protective Service cases, and I respond to the case and I do intake and assessment. I assess family, I assess the child and determine the need for services or I determine if child abuse occurred in the home. Q That is what you have been doing for four years I now? A For three years, yes. Q Three years, all right. Did you have occasion yourself to be involved in some type of investigation starting in October of this year? A Yes, I did. Q My understanding is that your can not disclose the 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 • • television. Q Did Jameson make or confirm any accusations at that meeting -- A Yes, Jameson did make accusations during that interview. Q Do you remember when that interview was? A I believe it was on the 19th of October. Q Who brought the child to that interview? A Mr. Gilbert. Q How did you conclude your investigation, what conclusion did you reach and what did you do? A The conclusion, it was unfounded for Jameson's case. We have to base allegations on consistency and credibility and Jameson was not consistent with regards to the allegations. Q Do you believe that the sexual abuse that -- the accusations made against Judy Hamovitz was an accurate accusation? A No, I do not believe Judy Hamovitz -- I mean, we unfounded the case. Q That means you didn't believe it occurred? A Yes. Q were there also during this investigation some accusations made regarding Mollie? A Yes, there were some General Protective Service 11 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiff's Exhibit 2 and 3. Can you tell me what those are? A Exhibit No. 3 is a risk assessment. Any time we have a referral and we complete a case, we do a risk assessment to assess the level of risk of the child in the home. There is two risk assessments in here, one from my investigation and one from Ms. Hennessey. The screening forms are also in here, that is what is received -- when we receive the allegation that is where we write what people are reporting. There is three involving my case and one regarding Ms. Hennessey's case. Exhibit No. 2 is my dictation from the GPS report that was received, as well as the face sheet, which just has identifying information about the family. Q All right. Take a look at the date in the upper right-hand corner of the document you have identified as the face sheet. A Yes. Q Which exhibit is that? A Exhibit 2. Q What is the date received? A October 7, 2004. It says inappropriate behavior and the reason for referral. Q That is a document that you prepared? A Yes. Q That involved the investigation you conducted and that has your narrative, again, attached? 15 • • 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 2.0 21 22 23 24 25 complaints regarding other children I would assume, correct, over the number of years that you have practiced in that capacity? A Yes. Q When you get a referral, you go ahead, do the investigation, then you try to glean whatever information you can through various sources, correct? A Yes, we look into information from other people, but a lot of it determines on what the child says. (Defendant's Exhibit No. 1 marked for identification.) BY MR. RENTSCHLER: Q Can you identify that document that I am showing you? A This is a letter that we send out once we receive a CPS child abuse referral on a child. We seed them to the perpetrator as well as the biological parents of the child. Q So this would have been a letter that was sent both to Mr. Gilbert and to Ms. Hamovitz? A Yes. Q If I were to understand your testimony, this would be basically a Children & Youth form letter? A Yes. Q Basically giving out information as to how a case may or may not proceed? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 will? A Yes. Q As part of your, I am using you broadly, meaning Cumberland County Children & Youth Services, as part of that investigation, you would have provided or did you provide the parties with a list of various entities that do play therapy? A Mark received a list -- or Mr. Gilbert received a list at the Pi-nnacleHealth, the Resource Center. Q Basically, what the play therapy is, is that is just another prong of an investigation that can prove or conversely disprove allegations that are made, correct? A Yes, if the children made new allegations in play therapy, it would be reported, it would be started as a new i case. Q First of all, you had a conversation with Jameson and he apparently did not relate any type of abuse -- A No, he did not. Q -- as was described or as was stated in the initial. complaint? A Yes. Q However, you were present at the time when he was interviewed at the Children Resource Center and did relay those type of complaints, correct? A Yes. Q That interview itself was videotaped? 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 you can? A Yes, you have to go to court and -- Q Go to court to do it? A Yes. Q You just said that play therapy is for the children's benefit, correct, you just said that? A (Witness nods head affirmatively.) Q And that if a child is going to go ahead and elicit what would be a response, elicit what would appear to be an indication that that child has been abused in some sexual way, that it is only information to them and doesn't bear any more, is that what you are saying? A No, by no means am I saying that. I am not sure what you are asking me. Play therapy would help them just in a myriad of things. Q But if play therapy would indicate that -- basically, when an individual goes to play therapy, a child goes to play therapy, a therapist or specialist observes them, then upon observations makes some type of determination as to whether or not he or she believes that, the therapist believes that something may have happened, correct? A Yes, correct. Q And that something may have happened which could constitute sexual abuse, correct? A Correct. 27 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in October. Prior to that I was a master level social work intern for a year. Q What basically is your educational background? A I have a master's degree from Hahnemann. University in Speech and Language Development and Speech Therapy. I have a master's in Social Work from Temple University from 2002. Q In what capacity are you employed at Children's Resource Center? A Child interview specialist. Q How long have you been employed there in that capacity? A For two years. Q How many interviews have you done just generally of allegations on these types of cases? A At the time that Jameson and Mollie were seen, probably 450 to 500. Q Could you just please state what your duties and responsibilities would be with the Children's Resource Center in the capacity employed as it pertains to Jameson and Mollie? A We have two child interview specialists, both master's level social workers with 90 or more hours training specific to forensic interviewing of children. My responsibility is to interview the children in a way that is non-leading and developmentally appropriate. Our interviews were conducted in a blind fashion, in other words, we have no 31 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And was 4-years-old at that time, correct? A Yes. Q When you ask questions, how do you phrase those questions? You don't tell them specifically what you are looking for? A Correct. We tell the child that we don't know why they are here. We say that in front of the parents. We give the child and parent a look at the room, let them know the parent is not going to be or the caregiver is not going to be watching. When we take the child into the room, we try to assess their developmental level, their language skills, their ability to use descriptive language, their ability to understand directions and the things that they should understand at their age. Then we go through -- we might do that by saying, gee, noticed you just had a birthday, did you have a birthday party, tell me about that. So we use very open-ended questions to try and assess the child's developmental level. As far as the questioning more centered around abuse, the first thing generally that we do is ask them what they call different parts of their body, and with this age child we use a doll that is anatomically correct. We would also ascertain if the child understands the difference between a boy and a girl and if they understand if they are a boy or a girl. 35 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 touch their genitals. It was reported that he asked his 3-year-old sister to, quote, suck it, end quote, referring to his genitals. It was also reported that he had verbalized thoughts about killing other- people and that he attempted to stick his finger up a cat's rectum. Q Basically, those suggest some type of exposure to sexual activity? A Yes, in my experience and my training, it is not something that kids just come up with. Sexual acting out, as we'll as the inappropriate sexualized type language does suggest exposure to sexual activity either directly or in the form of observation. Q You also have in here another category, events leading to Jameson's evaluation today, and I suspect that that involves a history of the allegations, or excuse me, a history of potential markers or something like that? A That portion of my report is actually written by the medical provider. It is there to sort of tie the medical piece to the interview piece that this is why the child came, these are the things that the parent or the caregiver communicated to the medical- provider. So tlat actually was not written by me but it was written with the information that I gave to the medical provider. Q But you also in addition to the comments that were 39 • • 1 2 3 4 5 6 7 8 9 10 11 12 1.3 7.4 1.5 16 17 1.8 19 20 21 22 23 24 25 A No, it is our policy not to -- Q I don't need to know your policy -- A No, I never have. Q You issued a report, it is actually called a child abuse interview assessment and summary, is that correct? A Yes. Q You have a copy of it in front of you? A Yes, I do. Q This is, in fact, a copy of the same document? A Yes, it is. Q It is marked Defendant's Exhibit 1. 1 am going to ask you, first of all, as I understand this, you were in the interview room alone with Jameson? A Yes. Q Did you ever meet Mollie, the younger sister? A Yes, I did, I interviewed Mollie as well. Q When dial you interview her? A October 26, 2004. Q Do you have a summary of that .interview? A Yes, I do. Q Can I see that, please? A You may. Q Go back to Jameson now that I have this in my hand. A Okay. Q You were alone in the room with Jameson? 43 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 1.8 19 20 21 22 23 24 25 A I believe he called her Judy. Q Well, you quote here directly, Mommy does it because she likes it and yet above, mom's best friend, and you quote several times, mommy. A Those would all have been words that the child used Q So he didn't call her Judy, he called her mommy? A He did call her -- he referred to her -- Judy's bed, I wasn't -- I had to clarify who was Judy. Q In fact, that is the only time he called her Judy, isn't it? A Unless I looked at the tape I could not be sure about that. Q But the rest of the time in your reported at least, the reference is to mom or mommy, is that correct? A Correct, in the report, yes. Q Who was it that told you that Steve or Stevie was mom's paramour? A I don't recall. It was -- he referred to Stevie as mom's best friend. I probably asked -- I can't tell you. It probably came from Children & Youth or the police investigator. Q You don't think it came from Mark Gilbert or perhaps Beverly Gilbert. A I don't recall. Q I think you testified earlier, maybe I am confused, 47 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Do you recommend play therapy in all your cases? A No. Q Can you tell us how often, what percentage, what portion? A With young children, very often. Q 80 percent of the time? A I would say with kids under the age of five, yeah, 80 or more. Q Perhaps 90 percent of the time? A Perhaps, yes, I frankly don't expect to get a disclosure when I go in with a child that young. We don't interview children under the age of 3. They just don't have the attention span or -- it is just very difficult. Q Even if the child is 4, 3 in this case, and doesn't disclose anything, you still recommend play therapy? A For the reasons I stated before, yes. Q Again, I take it, and I asked your earlier, the source of your information with regard or all of the information in your assessment and summary for Jameson was either your interview of Jameson or was Mark Gilbert or his mother, Beverly? A Correct. Q And the source of all the information from the Mollie Gilbert assessment and summary, again, was either Mollie 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reception block. But there are occasions we go out to the cell block for emergencies to assess the patient, take care of the patient and transport them back to the dispensary. Q This case is about two children, the older child is named Jameson Gilbert, is that correct? A Yes, Jameson Alexander Gilbert. Q He is 4-years-old, what is his date of birth? A May 12, 2000. Q Mollie is your daughter? A Yes, she is. Q Mollie's full name is what? A Mollie Gilbert. Q What is her date of birth? A June 22, 2001. Q So she is 3-years-old? A Yes, she is. Q The father of these children is Mark Gilbert, who is here today? A Yes, Mark Steven Gilbert. Q How old is Mr. Gilbert? A He is 36, he may be 37. Q The two of you are not and never were married? A Correct. Q Did you live together? A Yes, we did. 55 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lived together, who cared for the children? A We both did. I feel I was the primary caregiver, but while I was at work in the evening, he did care for the children. Q If the children were sick and someone had to stay home, who typically stayed home? A I typically was in charge of that being that I am a nurse and I am a little more equipped for that kind of care. Q Describe the children. During the time you lived together were they well adjusted, were they happy, were they distraught, were they in trouble? A No, they were happy little toddlers, preschoolers. Q What happened that you and Mark Gilbert separated, without going into every little detail, tell me, you asked him to leave sometime about the middle of January? A Right. Q Why was that? A our relationship was failing, we were not getting along, we were fighting daily, on a daily basis; and there are a lot of things over the 4 years that had led up to this disagreement in the relationship, and I asked him to move out. I did not want him to live in my house any more. Q How did he react to that? A He begged me not to throw him out. He begged, he pleaded, don't destroy us. I love you, I can't live without 59 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, it has. Q Did you serve active duty outside the country in 2003? A Yes, I did. Q Starting when and where did you serve? A I was activated for the Iraqi war_ on a presidential order, and that was the 16th of March, 2003. I was stationed in Europe and it was my job, as well as my crew, to fly down to Kuwait, pick up the injured soldiers and fly them back to Germany for more definitive treatment. Q When did that tour in Europe end, when did you return to the continent of the United States? A I returned in August, August 1 of 2003. Q Were you still on active duty then? A Yes, I remained on active duty for an additional three months in New Jersey. Q When you got out of the active duty, which I guess then would have been sometime in the fall of 2003? A It was December lst actually. Q What was your requirement in terms of returning to work at the state correctional institution? A We are union contract, the nurses, at the facility, and I had 90 days to report to work and that would be military leave without pay. Which I chose to take some time off to be with my family, being that I just missed their second and third 63 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 and the children go there to visit? A Yes, we did. Q Where did you stay? A We all would stay at Steve's house, since he lives alone and owns his own home and had room for us, and to include a crib at the time when they were small. Q Did you and Mark and the children take trips or vacations with Steve? A Yes, we have done that frequently also. Q When you were in Europe on active duty, did Mark Gilbert come to visit you? A Yes, he did, as well as Steve came with him, they came together to visit. Q They came together? A Yes. Q Would you describe Steve Brattina, at least while you and Mark were together, would you describe Steve as a friend of Mark's? A Yes, they got along. Q Go back, you, your brother, his girlfriend, the children, and Steve and Mark were all planning to go to this time share? A Yes. Q Did Mark go? A No, he did not. 66 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How many times would you say you called them that weekend? A Twelve. Q You asked about what, what was the purpose of the call? A The purpose of the call was to find out where Mark and the children were and Luther would not give me any information, he just said the children are safe, they are with their dad. MR. RENTSCHLER: I object, Luther is dead. THE COURT: Sorry? MR. RENTSCHLER: She is going to testify to what Luther said, I would move to strike it, Luther is not here, obviously. THE COURT: Wait a minute, it is not offered for the truth of the matter asserted, i.e., that he gave her instructions to do something or whatever, and it is not hearsay. BY MR. ANDES: Q You called you think you estimated about 12 times that weekend, you called Mark's parents, you spoke to Luther sometimes, did you also speak to Beverly? A No, Bev never was on the phone with me. Q Mr. Gilbert, Luke, would never tell you where Mark was? 69 • • 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 children were, however, against my agreement, they are with their father. I begged Mark to bring the children back, I didn't understand why he was keeping them from me. Q Did you contact anyone else for assistance, and I am asking specifically an attorney? A I did contact an attorney, it was Joanne Harrison Clough. Q Can you give me some approximate date that Friday night that you returned home and the children were gone? A I want to say the 29th of January, I would have to look at the calendar, the last Friday in Jaruary. Q How long was it after that date until you saw your children again? A I first saw my children again on February 12th. Q During that approximately two week period that you didn't see them, did you have more contact, did you make continuing efforts to contact Mark? A Yes, I did. Q Did you continually request to see the children? A Yes, and most of my contact was made through Luther, because I had no phone number for Mark and Mark would return calls at his leisure. Q Were finally your attorney and Mark's attorney able to work out some arrangement so you could a'. least see the children? 72 • • 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 ,8 19 20 21 22 23 24 25 A Yes, I was. Q What was he doing with the children when he picked them up on his days? A On most of Mark's custody days he was still driving up the road 50 miles or better and delivering the children to Grammy and Pappy's house, Beverly and Luther, or to his then girifriend, Emma Beck's house. Q On the occasions when he picked the children up and took them to Middleburg to his parents', die he stay there or did he stay elsewhere? A No, frequently he would drop the children with his parents and then he would go to his girlfriend's house. Q Have there been other occasions when Mark has had periods of time, custody with the children, where he has taken them to his mother's and left them there? A Yes. Q Can you give me another example of that? A Well, throughout. our entire relationship, any time I went away for military, 95 percent of the time he would deliver the children to his parents and do whatever Mark does, but he did not spend that time with the children. Just recently, I was away for my two weeks annual tour in September, I was in California, and the children were at. Beverly's house the entire two weeks. Q How do you know that? 76 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Showing you a stack of six photographs, actually, which have all been collectively marked as Plaintiff's Exhibit 10, and I am going to you ask to start with the top. What does) that photographer show? A That shows two people in the picture, Jameson, my son; and my best friend, Steve Brattina. It shows Jameson holding a wide mouth beer bottle to his mouth. Q Can you tell from the picture approximately when that was taken? A There is a date on it of 9/02 -- actually, I can't tell, that must be 9/14/02. However, by looking at. Jameson's age, he looks to be a year old or maybe a little less. Q Were you present when that photograph was taken? A I would believe so. I don't recall it personally, but most photographs, I would almost say all the photographs in my house I did take. Q Were there other photographs taken of Jameson with a beer bottle in his hand or up to his mouth? A Yes. Q Who took them? A I dial, I specifically have one from St. Patrick's Day. Q Was Mark present when most of those photographs were taken? A Mark was always present with these photographs. 80 • • 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more that I lived together would you say you had those kinds of parties? A Generally about twice a year. Q Were they fairly riskay at times? A They were cute, maybe a strange sense of humor, we would be drinking, telling jokes, dirty jokes, some cussing, they were adult parties. Q During the time that you had the children, did they ever attend any of those parties? A No, they did not. Q Where did you have the children when you had these adult parties? A Beverly and Luther, their grandparents, would take them to their home for the night so we could enjoy the party. Q What is the next photograph? A The next photograph is a Mardi Gras party, that was the last party we had before I was activated for the war, that was in March of 2003, and it is a picture of my brother's costume with Mardi Gras beads around his neck, his costume, he had a collar on, a clerical collar, he was dressed as a priest and he had a stuffed doll attached to his body in a riskay position facing his penis and that was to make fun of the priests that were being arrested for child molestation. Q That. was his costume for the party? A That was his costume. Yes, the doll ws pinned to 84 • 1 2 3 4 5 6 7 8 9 10 11 J-2 13 14 15 16 17 18 19 20 21 22 23 24 25 that accusation? A Yes, I am. Q In fact, there were two, there was an accusation that you touched your son's penis. A I was told that the person that reported it said Jameson said that mommy sucks my pee pee. Q Is that true? A That is not true. Q Did you do that? A I do not. Q Have you ever done that? A No, I have not. Q Have you ever touched his penis? A I touch his penis every day when. I bathe him. Q Do you touch it on other occasions? A Just for changing diapers and normal parenting skiIIs. Q What does Jameson call you? A He c alls me mom, mommy. Q Has he ever referred to your bed as Judy's bed to your knowledge? A No, I have never heard him say that. Q Has he ever referred to Steve Brattina as your paramour or your boyfriend or words to that effect? A No. Jameson and Mollie refer to Steve as Uncle 88 • • 1 2 3 4 ti 6 8 9 10 11 12 13 14 15 16 1? 18 19 2.0 21 22 23 24 25 familiar with any such game? A No, 1 am not. Q Have you ever played that game or seen it played by Diane Minnick or Steve Brattina or anyone else? A No, that is the first I am hearing of that, but that doesn't sound very sexual. in nature. Q Quoting again from this report: On one occasion Jameson was lying on his back when Mollie said, I am going to sit on your face, sitting on his face, have you ever seen anything like that? A No, I have never seen Mollie do that. Q Have you ever seen Mollie say that she would sit on Jameson's face? A No, I have not. Q Have you ever seen Jameson do that to Mollie? A You know, Jameson does like to put his butt in people's face, we played a little farting game, so he will aim a fart at somebody, so that is feasible they would make reference to that. Q Is that something you approve of? A Yeah, we laugh and giggle, we find it humorous. Q Is that something that Mark Gilbert used to find amusing and humorous when he was living with you? A Yes, he did. Q I am reading again from this report: As Mollie did 92 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 2.0 2.1 22 23 24 25 Gilbert reported that Jameson has attempted, it refers to attempts, plural, to stick fingers up a cat's rectum. Have you ev-r seen Jameson do anything like that? A No, I have not. That surprises me because there is an issue with a cat that I believe Mark has that Mark insists that he does not have, because my daughter keeps getting cellulitis from cat scratches. I don't know why it is an issue, he should just say he has a cat, but I would assume then the cat he is referring to would be Beverly's, Beverly does have a cat. Q Do you know why, do you have any idea why Mark Gilbert would make these accusations about you or about the children? MR. RENTSCHLER: Objection, speculation. THE COURT: You have got to lay some sort of foundation. BY MR. ANDES: Q The first report, the first complaint to Children & Youth Services was made in January of 2004, is that correct? A Yes. Q Shortly before or about the time that Mark Gilbert left your home? A Yes. Q The second one was made, according to these reports, about the 7th of October? 96 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 got to the session, I was upset and that is what I confronted Mark with. Q How did that session end? A It ended by Mark standing up and telling me and both Bonnie Howard he was not going to talk to me, he was not going to talk to her and he was leaving now. Q What was the date of that session? A That was a Wednesday, so it would have been October 7th. Is that a Wednesday, or was that the 6th? Q Well, I could consult my calendar. A 6th I believe it is. He also accused -- he said he was going to walk out and that we could have fun talking together since we must be girlfriends. Q He said that to both you and Dr. Howard? A Yes, he did. Q During the time that you and Mark Howard were together and before this request that you made to him to move out, had he ever made accusations about you sexually abusing the children? A No, not to me or any of my friends or my family, because I have asked them. Q Had he ever expressed to you any concerns or dissatisfaction about anybody's treatment of Che children -- A No. 100 • • 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q If he puts them to bed and then they can sleep soundly, and Jameson wakes up at 7:00 you said, right? A Yes. Q Are you aware of when Mark goes to work? A Yes. Q About what time is that? A When he lived with me it was about quarter to 9:00, but now he drops the children off every morning at 8:30 on his days, so I have my children every day from either when they wake up or 8:30 until I go to work at 2:00, so I have every day with my children,. Q So basically, you go to work at 2:00, so you will have from -- when Mark drops the kids off in the morning from 9:00 until 2:00 on the days that you work? A No, it would be 8:30 until 1:45, five hours, 15 minutes. Q Mark has gotten the kids faithfully over to you on those days that he has been working, correct? A Yes, he has been late five or tei.,minutes here and there, but not an issue. Q You are only like three blocks apart? A Well., he was an hour and ten minutes one time because his car broke down, but he is three blocks from me, yeah. Q He has a cell phone, right? 107 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 for co-parenting skills so we can communicate so we can raise these children without making them dysfunctional. Play therapy, I already told you my reasons, I believe Mark is prompting them, and it would be detrimental to their mental health. Q So just to finally, one more time, is that you don't see the benefit of play therapy as it pertains to Steve at all -- MR. ANDES: I object, Your Honor, as he acknowledged, one more time, this has been sked and answered three times. THE COURT: For the last time. If she changes her answer, I will fall off my chair. BY MR. RENTSCHLER: Q You had a Mardi Gras party, correct? A I have had several. Q Have the kids been present for any of those? A No, they have not, they go to their grandparents', Bev and Luther's house, for parties, because they are adult parties and we can't enjoy ourselves if we have to be mommy and daddy. Q Mr. Andes had you testify about the first -- there are a number of photographs, like I said, one was Jameson, I think you identified as Jameson with beer bottle in mouth September 14, 2002, is that what you thought that was? 111 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2.0 21 22 23 24 25 A No, just what I have heard repeated from my children's mouths. Q You have two bedrooms in your house now? A Yes. Q You sleep in one bedroom and the children in the other? A No, my children currently sleep in my bed with me, as they did when Mark lived there. Q So then you have a vacent bedroom -- A Well, it is their bedroom, their toys are in there. They have two toddler beds in there. It is set up for them to sleep in it, but at this time they have not been weaned from the family bed so to speak. Q When Steve comes to visit, does he stay overnight? A Yes, he does. Q Where does he sleep. A Generally, on the couch in the living room, occasionally downstairs in the daybed in the game room. Q At some point in time I would assume you are going to get separate bedrooms for the kids, for both kids? A Yes, my plan, and as it was when Mark and I were together, was before they go to kindergarten we felt we should separate the children, but a lot has transpired since then. Q So with Jameson being 4-years-old and kindergarten starts at age 5, correct? 115 • • 1 2 3 4 5 6 8 9 ]. 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I know that, and I have known that for the last -- coming on 5 years now. When we were together and this past year when we broke up, the kids generally end up at the grandparents' house. MR. RENTSCHLER: Nothing further, Your Honor. THE COURT: Further questions? REDIRECT EXAMINATION BY MR. ANDES: Q Since the present custody arrangements took effect in March, on the evenings when the children sleep at your house and you have to pick them up after work and bring them home, have you noticed any problem with their being tired? A Well, Jameson is usually asleep, so, yes, he is tired and cranky. Q I mean the next day or after you wake them up? A No, I wish he would be tired and sleep in on occasion because '1:00 is a little early for me; but, no, he has a normal day like he has always had, the normal 7:00 o'clock rise. Q Have you noticed any other adverse effects from loss of sleep or anything of the sort? A No, I have not. Q You were asked about military deployment. Do you have any expectation that you are likely to be deployed in the 119 I I afternoon? 2 THE COURT: 4:31. 3 MR. ANDES: Then I have no further witnesses to 4 call at this time. 5 THE COURT: I didn't think that you had. 6 MR. ANDES: Thank you. 7 THE COURT: Obviously, we will give this case the 8 time it deserves. Am I correct that the March order is in 9 effect? 10 MR. ANDES: Correct. 11 THE COURT: The recent brouhaha with CIS and Judge 12 Bayley -- 13 MR. ANDES: Judge Bayley vacated the temporary 14 order and reinstated the March order and it is still in effect. 15 THE COURT: I realize it is not the order your 16 client wants, Mr. Andes, but it certainly seems reasonable, I 17 don't see that there is any emergency of any kind in this case 18 based on the little bit that I have heard about this today. So 19 1 will have my secretary call you both about a continued 20 hearing. We will have t o give her a good sense of how much 21 more time they are going to need, because, cbvi_ously, the 22 afternoon we reserved for today was simply rot enough time. 23 You may step down. 24 MR. ANDES: Right, Your Honor, and I think it will 25 1 take probably more than a half day. 123 MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTPENNSYLVANIA V CIVIL ACTION NO. 04-364 JUDITH HAMOVITZ, IN CUSTODY Respondent PETITION FOR SPECIAL RELIEF AND NOW, this 6"' day of June, 2006, comes Mark Gilbert, Petitioner herein, who files the within Petition by respectfully averring as follows: 1. the Petitioner is Mark Gilbert, an adult individual who currently resides at 2824 Fairview Road, Camp Hill, PA.. 2. The Respondent is Judith Hamovitz, an adult individual who currently resides at 1600 Summit Ave. Camp Hill, PA. 3. Petitioner and Respondent are the natural parents of two children, namely Jameson Gilbert born on May 12, 2000, and Mollie Gilbert, bom on June 22, 2001. 4. Petitioner and Respondent currently have a custody order dated March 22, 2004, that defines the custodial relationship for the parties with their children. 5. Although the custody order defines the parameters of the custody arrangement, Respondent has repeatedly violated the terms of the Order by not returning the children on time and by making derogatory and abusive statements swearing at Petitioner in the presence of the children and threatening him with physical violence and bodily harm. 6. As a result of the threats that she made and prior threats she has made to him, the police were called and thereafter responded. 7. Petitioner believes, and therefore avers, that the Respondent's actions against the Petitioner and her failure to otherwise adhere to the Order of Court negatively impacts on the children and is not in their best interests. 8. Petitioner desires that this Court find Respondent in contempt of court for violating the court order and consider amending the current Order. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Petition and find Respondent is in contempt of court and grant any other relief it deems appropriate. Respectfully submitted, Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 Attorney for Petitioner VERIFICATION I, Mark Gilbert do hereby swear and affirm that the statements contained in the foregoing document are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904, which relates to unworn falsification to authorities. Date: ' oza&- 4zllaZ46 MAAK GIL RT CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing document upon the following by regular mail, postage prepaid and addressed to: Judith Hamovitz 1600 Summit Avenue Camp Hill, PA 17011 Date: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 lJ C {? r-. ?1 W ? - "' r i ?._ --i ?/?\?\"? VVV/ ' Y l Vim/ I ( ?? ?. _r MARK GILBERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH HAMOVITZ DEFENDANT 04-354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 12, 2006 , 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 Tuesday, August 01, 2006 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunday Esg l?'Sf 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 J 1(9- 99- Y! L V r? L ANSWER CROSS-PETITION FOR CUSTODY AND PETITION FOR CUSTODY EVALUATION AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, MARK GILBERT, VS. Plaintiff IN THE COURT OF COMMON ? PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 ? CIVIL ACTION - LAW ) NO. 04-354 IN CUSTODY JUDITH HAMOVITZ, Defendant and makes the following Answer to the Plaintiff's Petition for Special Relief, the following Cross-Petition for Custody, and a Petition for Custody Evaluation: 1 through 4. Admitted. 5. Denied. Defendant has not violated the custody order, has not failed to return the children on time, has not made derogatory or abusive statements or sworn at Plaintiff in the presence of the children, and has not threatened the Plaintiff with physical violence or bodily harm. To the contrary, it is the Plaintiff who has violated the order by failing to keep the schedule set out in the order and by making false and derogatory statements to the children about her. 6. Denied. It is admitted that the police were called on several occasions, but denied that they were called as a result of any threats made by Defendant. The police were called by Plaintiff in an effort to fabricate claims against Defendant. 7. Denied. Plaintiff is guilty of conduct which has negatively affected the children, specifically including his false accusations of abuse. 8. It is denied that Defendant is in violation of this Court's order or that there is any basis for this Court to find Defendant in contempt. WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Petition. CROSS-PETITION FOR CUSTODY 9. Defendant believes it will be in the best interest of the children to modify the current custody order to award primary physical custody of the children to her. The reasons for such a change include the following: A. Plaintiff has repeatedly made false accusations against Defendant, including false accusations of sexual or other abuse of the children and has made those statements known to the children. B. Plaintiff is unstable and cannot provide a stable and healthy environment or home for the children. C. Defendant has always been extensively involved with the children and can provide a stable, healthy, and warm home and environment for them. 10. For the above reasons, it is in the best interests of the children that primary physical custody of both children be awarded to Defendant. WHEREFORE, Defendant prays this Court to modify its prior order to award her primary physical custody of the minor children. PETITION FOR CUSTODY EVALUATION 11. Defendant incorporates herein the averments set forth in the preceding paragraphs of this pleading. 12. Plaintiff has, over a period of several years, made repeated and false accusations against the Defendant in which he has accused her of physically, sexually, and emotionally abusing the children. 13. Plaintiff is currently on leave from his employment because he claims he is unable to perform the normal functions of that employment because of stress, anxiety, and related problems. Defendant believes that Plaintiff actually suffers serious emotional and psychological problems which impair his ability to properly care for the children, and to provide them with a healthy and safe home, just as those problems prevent him from performing the normal duties of his employment. 14. Largely because of the conduct of the Plaintiff, the children have been involved extensively in counseling and continue in that counseling to this day. In addition to the counseling for the children, Cumberland County Children and Youth Services has been extensively involved with the parties, mostly because of Plaintiff's false accusations of abuse made against Defendant. 15. Defendant believes that, for this case to be properly presented to the Court, with sufficient information for the Court to make the proper decision, a custody evaluation is required. Such an evaluation will give the Court guidance as to the effects upon the children of the repeated false accusations Plaintiff makes against Defendant, the effects of Plaintiff's apparent mental instability at this time, and how best to protect and preserve the best interests of the children. WHEREFORE, Defendant prays this Court to order a custody evaluation of the children, both parties, and all other adult members of each party's household and all other persons having direct, regular and significant contact with the children, and to direct that each of the parties pay one-half of the cost of such an evaluation. Samuel L. An es Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I- I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 0I'S-0(0 J ITH HAMO TZ CERTIFICATE OF SERVICE I hereby certify that on 6 5ap}c ,her 2006, 1 served a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 el L. An Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 f') "? rJ C:'. ? `rt ~1 C+7 f ' ' f ? _? nl r7_ ' 'G _ ); ,} "r ? ?,? ?1 f7 ? } - `.O ? +.,] "? f- - - -- ?_....._ . MARK GILBERT Plaintiff VS. JUDITH HAMOVITZ Defendant S?? ? ? IOU6 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this "00 "day of F r , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I - 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 Kasey Sheinvold. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs and interests of the Children. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Children. 2. The parties shall refrain from exposing the Children to religious education of any kind, including, but not limited to, Hebrew school, Sunday school, and Bible school. 3. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule further proceedings, if necessary at that time, including an additional conciliation conference or a hearing, if appropriate. BY THE COURT, I Kevin ccXchael D. Rentschler, Esquire - Counsel for Fat ./Kamuel L. Andes, Esquire - Counsel for Mother >, - - 4 . RIN 0 J. MARK GILBERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JUDITH HAMOVITZ Defendant Prior Judge: Kevin A. Hess 04-354 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jameson Gilbert May 12, 2000 Mother/Father Mollie Gilbert June 22, 2001 Mother/Father 2. A custody conciliation conference was held on September 5, 2006, with the following individuals in attendance: The Father, Mark Gilbert, with his counsel, Michael D. Rentschler, Esquire, and the Mother, Judith Hamovitz, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MARK GILBERT, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 354 Civil Term JUDITH HAMOVITZ, Defendant ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Judith Hamovitz, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Judith Hamovitz, Petitioner, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 1600 Summit Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Mark Gilbert, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and is currently residing at 2824 Fairview Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The parties are the natural parents of two children, namely: Jameson Gilbert, born May 12, 2000; and Mollie Gilbert, born June 22, 2001. 4. The parties are subject to an Order of Court dated September 18, 2006. a 5. A change of circumstances has occurred since the parties' prior agreement and subsequent Order because: (a) The parties have been observing an equally shared custody arrangement since February 2008. (b) Due to Mother's observations of the children, Mother believes that an equally shared custody arrangement does not adequately provide for the children. (c) Mother is requesting primary custody of the children as she believes this would provide more stability, consistency, and continuity for the children. 6. After review of recent correspondence from the social worker, Mother is requesting an Order that directs both parties to participate in co-parenting counseling. 7. Mother is requesting that the current custody Order be modified. 8. It would be in the best interest of the children to modify this Order because a change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 9. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, o .1 `3009 Adams, Esquire I.D No. 79465 17 est South Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?l `I 0 Judith HamoV Petitioner OF tt 4J y? -pot . ??g73a MARK GILBERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-354 CIVIL ACTION LAW JUDITH HAMOVITZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 11, 2009 , 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 Friday, September 04, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. OLA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i f OF THE rrnn ?',.. ?' Aqy C lv'f fb ; MARK GILBERT, Plaintiff V JUDITH HAMOVITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTPENNSYLVANIA CIVIL ACTION NO. 04-354 Civil Term ACTION IN CUSTODY AND NOW, comes Mark Gilbert, Respondent herein, who files the within Answer to Petition for Modification of Custody and Counterclaim for Custody by respectfully averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. Denied in part. It is admitted that there is a change in circumstances since the parties' prior agreement and subsequent Order. Respondent responds to allegations a, b, and c, as follows: a. Admitted. b. Admitted in part. Denied in part. It is admitted that the shared custody arrangement as detailed in the current custody order does not adequately provide for the children. The balance of the allegations in this subparagraph is hereby denied and proof thereof is demanded. c. Admitted in part. Denied in part. It is admitted that Mother is requesting primary custody of the children. It is denied that Mother can provide the children with more stability, consistency, and continuity. To the contrary, Father is better able to provide the children with more stability, consistency, and stability. 6. Respondent is not aware of how Petitioner came to the conclusion for the parties to engage in co-parenting counseling. However, Respondent believes that mediation as suggested by the Court is more feasible than, and supercedes the co-parenting issue. 7. Admitted in part. Denied in part. It is admitted that Mother is requesting that the Order be modified. It is denied that the Order should be modified so as to give Mother primary custody of the children. 8. Admitted in part. Denied in part. It is admitted that the current order should be modified. It is denied that the Order should be modified to provide Mother with primary custody of the children. 9. Denied. Contrary to Mother's assertion, primary custody should be awarded to Father, not Mother, because the best interests of the children and their permanent welfare would be achieved by granting Father primary physical custody of the children. WHEREFORE, it is respectfully requested that this Honorable Court deny Mother's request to provide her with primary custody of the children. MARK GILBERT'S COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY 10. Mark Gilbert, the natural father of the children, hereby incorporates by reference his responses to Mother's Petition for Modification of Custody as if fully set forth at length. 11. There have been a change of circumstances since the parties' prior agreement and the subsequent Order of Court which is in effect. 12. Father has observed the children and through his observations and those of others, it is clear that the permanent welfare and best interests of the children would be achieved by modifying the current order to provide Father with primary physical custody of the children, because, among other things, Father can provide the children with more stability, consistency, and continuity, as well as a more loving and safer environment. 13. It would be in the best interests and permanent welfare of the children that the current Order be modified to provide Father with primary physical custody. 14. Mother has consistently acted in ways that are contrary to the best interests of the children. Consequently, Father should be entitled to primary physical custody of the children because he has consistently put the children's best interests first. WHEREFORE, it is respectfully requested that this Honorable Court grant Father primary physical custody of the children. Respectfully submitted, Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 Supreme Court ID 45836 Attorney for Father VERIFICATION I, Mark Gilbert, do hereby swear and affirm that the statements contained in the foregoing Answer to Petition and Counterclaim for Custody are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904, which relates to unworn falsification to authorities. Date: RK GIL ERT CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing answer and counterclaim upon the following by first class mail, postage prepaid and addressed to: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Date: Michael D. Rentschler, Esquire 28 N. 32°d Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 I ? 01 11 t , A?77 LED OF THE PRCT., °;e±+` TARY 2009 SEA' -4 AM 9; ( 4 P&4NSYLVI NIA. SEP 15 2009 MARK GILBERT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JUDITH HAMOVITZ Defendant 2004-354 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, 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 day of ,& &. Q?,/ , 2009 at jo'clock a in., at which time testimony will be taken. For purposes of the hearing, the Mother, Judith Hamovitz, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court, opposing counsel, and the Children's Guardian Ad Litem a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven (7) days prior to the hearing date. 2. The Children's Advocacy Clinic is appointed to serve as Guardian Ad Litem for the Children and to represent their interests in this matter. In working to assess and promote the Children's interests, the Children's Advocacy Clinic shall be entitled to contact and obtain information from all professionals providing treatment, care or other services for the Children, including but not limited to medical and school personnel and shall have access to all pertinent information concerning the Children, including all health, educational and other records. The parties shall sign any authorizations necessary to effectuate this provision. cc: ? 'chael D. Rentschler, Esquire - Counsel for Father .?Fucy 'e Adams, Esquire - Counsel for Mother Johnston-Walsh, Esquire - Children's Advocacy Clinic „ILL 9/go/of BY THE COURT, MARK GILBERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JUDITH HAMOVITZ Defendant Prior Judge: Kevin A. Hess 2004-354 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: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jameson Gilbert May 12, 2000 Mother/Father Mollie Gilbert June 22, 2001 Mother/Father 2. A custody conciliation conference was held on September 8, 2009 with the following individuals in attendance: the Father, Mark Gilbert, with his counsel, Michael D. Rentschler, Esquire, and the Mother, Judith Hamovitz, with her counsel, Jane Adams, Esquire. 3. This Court previously entered an Order on March 2, 2004 under which the parties equally share having physical custody of the Children. The Mother filed this Petition to Modify seeking primary physical custody of the Children. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing. 4. This matter involves very serious concerns as to whether the Children are able to cope adequately with the high level of conflict between the parties. The Children's counselor submitted a letter directly to the Court in May 2009, and has indicated that while the older Child's difficulty in school has resulted in part from a learning disability, the severe behavioral issues regarding the older Child and the less severe but still disturbing emotional issues exhibited by the younger Child are the result of the ongoing conflict between the parties. At the conference, the parties did not dispute the conclusions of the Children's counselor but each essentially felt that the Children's emotional distress is the fault of the other party. At the conference, the conciliator suggested that it may be necessary to have counsel appointed for the Children to assess and represent their interests as it did not appear that the parties were able to do so. The parties did not object. Consequently, following the conference, the conciliator contacted Lucy Johnston-Walsh, Esquire at the Children's Advocacy Clinic and determined that the clinic would be willing to represent the Children's interests, if appointed as Guardian. 5. The Mother's position on custody is as follows: The Mother believes that she can provide more stability, consistency and continuity for the Children and seeks primary physical custody. The Mother indicated that she does not observe the behavioral problems reported by the Father and the Children's school while the older Child is at her home and therefore believes she is better able to manage the Child's behavioral issues. The Mother acknowledged that the Children have emotional problems because of the conflict between the parties but feels that the conflict is created by the Father due to his unwillingness to discuss problems with her before contacting Children and Youth Services and other professionals/agencies. The Mother does not believe that the Father is parenting the Children appropriately. 6. The Father's position on custody is as follows: The Father denies the Mother's allegations that he causes the conflict between them. The Father does not believe a change in the schedule is necessary as he is willing to communicate with the Mother and establish schedules at their homes to establish consistency. The Father indicated that he is unable to talk to the Mother due to her belligerent attitude toward him. The Father expressed concern that a rivalry is developing between the Children as their son gets more attention for his more extensive behavioral problems. 7. It should be noted that the parties previously completed a custody evaluation by Casey Shienvold, participated in a one year course of co-parenting counseling for one year with Bonnie Howard and have been involved in several investigations by Children and Youth Services. 8. The conciliator recommends an Order in the form as attached appointing the Children's Advocacy Clinic as Guardian Ad Litem for the Children in this matter and scheduling a hearing on the Mother's Petition to Modify. It is anticipated that the hearing will require up to one full day. l O 1 07 QC? j . Date Dawn S. Sunday, Esquire Custody Conciliator FILE OF THE 2CQ4 SEP 16 AM 8: 4 2 Cui ;; MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.04-354 CIVIL JUDITH HAMOVITZ, Defendant IN CUSTODY ORDER AND NOW, this ' a - day of January, 2010, continued hearing in this custody matter is set for March 5, 2010, at 10:00 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA, the court having set aside the remainder of the day for the continued hearing. Following careful review of the correspondence of counsel, the court being satisfied that the record is insufficient to support a temporary modification in custody, we decline to modify custody pending continued hearing. BY THE COURT, Kevin)( Hess, P. J. ?Michael D. Rentschler, Esquire For the Plaintiff Jane Adams, Esquire For the Defendant ucy Johnston-Walsh, Esquire Children's Advocacy Clinic :rlm (26 P l eS rnla ILL ,It Z-/ to L1?11 C' Cs n 0 ^r C r ?. :, rn ?T THE P" .07 Mark S. Gilbert, 20IP 1ft NH I.,: 07 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY Judith Hamovitz , Defendant No. 2004-354 CIVIL TERM PETITION FOR SPECIAL RELIEF PURSUANT TO PA R.C.P. 1915.13 AND NOW, this day of February, 2010, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Children's Advocacy Clinic, Guardian Ad Litem, seeking the immediate order of psychiatric and psycho- sexual testing for the minor child, Jameson Gilbert. In support of this Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is the Children's Advocacy Clinic. The Children's Advocacy Clinic was appointed by this Honorable Court as Guardian ad Litem for the minor children, Jameson and Mollie Gilbert, on September 15, 2009. 2. The Plaintiff, Mark S. Gilbert, is the father of the minor children. The Defendant, Judith Hamovitz, is the mother of the minor children. 3. On March 2, 2004, an Order of Court was entered for custody, a true and correct copy is attached as Exhibit A. Pursuant to C.C.R.P. 208.3(a)(2), the Honorable Kevin A. Hess has been the Judge who has ruled upon this custody matter. 4. Jameson Gilbert is a minor child, age 9, subject to a shared physical custody arrangement between his parents. 5. Since the time of the last custody hearing on December 9, 2009, Jameson Gilbert's behavior has deteriorated. a) On December 17, 2009 Jameson made a statement to his teacher that he was having sex with a girl in his neighborhood. b) On January 29, 2010, the petitioner spoke with Ms. Melissa Kellogg, the Behavioral Support Staff person assigned to work with Jameson at his school, New Story (formerly called Milestones Achievement Center). Ms. Kellogg expressed concern regarding the sexualized nature of Jameson's language, and how the sexual comments made in school has drastically increased. C) Ms. Kellogg reported that Jameson spent 45 minutes of the school day on January 28, 2010 lying on the floor of his classroom screaming sexual statements which she described as "explicit and disturbing," including statements about orgasms, oral sex on girls, and girls' periods. Ms. Kellogg expressed that "if we don't do something soon Jameson is going to do something to get him into real trouble." d) Ms. Kellogg stated that a psycho-sexual evaluation would aid in the proper assessment of Jameson's needs. e) On January 29, 2010 Mr. Bob Wilson, Jameson's mobile therapist from Keystone Family Services, reported that therapy was "not going well at all" and that a psychiatric and psycho-sexual evaluation would be beneficial for the proper assessment of Jameson's current mental health needs. f) Mr. Wilson reported to the Guardian Ad Litem on January 29, 2010, that Jameson is not doing well at all in his after-school care program. Jameson's behavior in the after-school program has caused Jameson to be shunned and feared by the other children in the program. g) Mr. Wilson expressed concern that without the proper evaluation and treatment, Jameson will be a threat to others, particularly his sister, Mollie. h) On February 9, 2010, Mr. Wilson reported to the Guardian Ad Litem that Jameson hit his after-school Therapeutic Support Staff and threatened to punch the after-school director in the vagina. i) On February 12, 2010 the Guardian Ad Litem spoke with Jameson's Therapeutic Support Staff member, Candice Benninghove, who indicated that Jameson is in need of a psychiatric and psycho-sexual evaluation. j) Ms. Benninghove stated that Jameson has hit her more than once, has hit three children, and has punched one child in the face. k) Ms. Benninghove indicated to the Guardian Ad Litem that the parents are not in agreement as to the cause of Jameson's behavior nor the treatment he should receive to address the behavior. 6. Professionals including Mr. Bob Wilson and therapist Tracy Richards, have met with Jameson's parents and described the need for a psychiatric and psycho- sexual evaluation and that parents will need to follow-through with any treatment which is recommended as a result of the evaluations. 7. On February 11, 2010, Jameson was evaluated by a psychologist, Mark Zengerle, for the purpose of determining whether the current level of services should continue. Dr. Zengerle recommended for Jameson to receive a psychiatric evaluation, a psycho-sexual evaluation and that Jameson be placed in a Community Residential Rehabilitation home. 8. As of February 16, 2010, Father indicated that he would like for the child to receive a psychiatric evaluation, however, Mother would not agree. 9. Given the inability of the parents to agree on an evaluation and treatment for Jameson, the Guardian Ad Litem avers that it is in the best interest of the minor child to undergo a psychiatric and psycho-sexual evaluation in order to determine the proper care necessary to address the child's unique needs. 10. Mr. Bob Wilson indicated that he believes the evaluation should be covered by the child's health insurance, and the cost should not be a significant financial burden to the parents. 11. The child's therapist, the child's mobile therapist, the child's behavioral support staff, an evaluating psychologist, and the therapeutic staff support professional, all believe that the current level of services are ineffective and that an evaluation is necessary in order to determine what services would be most appropriate. Some of the services currently provided will be discontinued in March. 12. As Guardian Ad Litem, we are not recommending a change in custody until this evaluation is complete. 13. Pursuant to C.C.R.P. 208.2(d), concurrence of counsel for Defendant, Jane Adams, Esq. and counsel for Plaintiff, Michael Rentschler, was sought. Mr. Rentschler, counsel for Father, concurs with this petition as his client agrees the Jameson needs psychiatric and psycho-sexual evaluation. Ms. Adams, counsel for Mother, indicated that her client is not necessarily opposed to a psychiatric evaluation, if the psychiatrist is Dr. Shauna Brent. However, Guardian Ad Litem believes that Dr. Brent is not accepting new patients at this time. WHEREFORE, the petitioner, the Guardian Ad Litem, respectfully requests that this Honorable Court enter an Order directing Respondents to immediately schedule a psychiatric and psycho-sexual evaluation of the minor child, Jameson Gilbert, and Petitioner requests for this Petition for Special Relief to be filed under seal, as well as the corresponding Order of Court. c` //0 Date Respectfully submitted, r Marie A. Mazz Certified Legal Intern r? C C STON-WALSH Supervising Attorney CHILDREN'S ADVOCACY CLINIC Guardian Ad Litem for minor children 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 CC: Jane Adams, Esq., Counsel for Defendant Michael Rentschler, Esq., Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: o //9 ?201& 3 Marie A. Mazz, etitioner FEB *19 2010 V MARK S. GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04354 CIVIL ACTION LAW JUDITH HAMOVITZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this z "-j day of x-&-cA 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark S. Gilbert and the Mother, Judith Hamovitz, shall have shared legal custody of Jameson A. Gilbert, born May 12, 2000, and Mollie Gilbert, born June 22, 2001. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties and the Children shall participate in a course of family counseling/co-parenting counseling with Bonnie Howard, PhD, or other professional selected by agreement of the parties. The purpose of the counseling shall be to promote the Children's adjustment to the parties' separation and to address conflicts which are having a detrimental effect on the Children's emotional well-being. All costs which are not covered by insurance shall be shared equally between the parties. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday at 5:30 pm through Monday at 8:30 am. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Children from Tuesday at 5:30 pm through Wednesday at 8:30 am and from Thursday at 5:30 pm through Friday at 8:30 am. During weeks following the Mother's weekend periods of custody, the Father EXHIBIT A shall have custody of the Children from Monday at 5:30 pm through Tuesday at 8:30 am and from Wednesday at 5:30 pm through Thursday at 8:30 am. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. C. The custody schedule shall begin with the Father transferring custody of the Children to the Mother on Wednesday, February 25, 2004 at 8:30 am. The alternating weekend schedule shall begin with the Mother having custody of the Children on Friday, February 27, 2004. 4. The parties acknowledge that the foregoing custody arrangements are based, in part, on the Father's intention to establish a residence within 15 miles of the Mother's residence unless otherwise agreed between the parties, within thirty days of the custody conciliation conference. In the event that the Father has not accomplished the intended relocation within thirty days, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 5. The parties shall have custody of the Children on holidays as follows: A. Religious Holidays: The Mother shall have custody of the Children for all Jewish holidays and the Father shall have custody of the Children for "all Christian holidays. B. Secular Holidays: The parties shall alternate or share having custody of the Children on secular holidays as arranged by agreement. C. Mother's Day / Father's Day: In every year, the Mother shall have custody of the Children on Mother's day and the Father shall have custody of the Children on Father's day. F D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for three non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Each'party shall schedule his or her weeks of vacation custody to include that party's regular weekend custodial period, unless otherwise agreed. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensture that *'m--d pwrues h4ymug contact with the Children comply with this provision. 8. 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. BY THE COURT, cc: Gregory S. Hazlett, Esquire - Counsel for Father Joanne Harrison Clough, Esquire - Counsel for Mother F t V 0 Mark S. Gilbert, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Judith Hamovitz, Defendant NO. 2004-354 CIVIL TERM CERTIFICATE OF SERVICE I, Marie Mazz , Certified Legal Intern, Children's Advocacy Clinic, hereby certify that I served a true and correct copy of the Petition for Special Relief on Judith Hamovitz through her attorney Jane Adams, at 17 West South Street, Carlisle, PA 17013, and on Mark S. Gilbert through his attorney Michael D. Rentschler, at 28 North 32nd Street, Camp Hill, PA 17011, by depositing a copy of the same in the United States mail on the 18th day of February 2010. MM?Mazz Certified Legal Intern 1 Lucy tgfinston-Walsh, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 MARK S. GILBERT, Plaintiff V. JUDITH HAMOVITZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Defendant : No. 2004-354 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Guardian Ad Litem for the minor child to proceed in forma pauperis. The Children's Advocacy Clinic certifies that we are representing the minor child in the above- captioned matter as Guardian Ad Litem. Because the child has no source of income, our client is unable to pay the costs and we are providing free legal service. Respect u itted, r t , Date d a` Marie Mazz Certified Legal Intern Lucy Jo ton alsh, Esquire L Supervising Attorney l CO u_ CHILDREN'S ADVOCACY CLINIC - ? `I- LLJ 45 North Pitt Street r.? Carlisle, PA 17013 L) (717)-243-2968 (717)-243-3639 FEB 19 2010 Mark S. Gilbert, IN THE COURT OF COMMON PLEAS Plaintiff/ Respondent OF CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Judith Hamovitz , Defendant/ Respondent No. 2004-354 CIVIL TERM ORDER OF COURT ?L e AND NOW this /V day of February, 2010, scheduled on the Petition for Special Relief for the day of rv x..-A , 2010 at /4"11 a.m. p.m. in Courtroom 4 of the Cumberland County Courthouse. BY T COURT, J. CC: " ne Adams Esq., Counsel for Defendant ichael Rentschler, Esq., Counsel for Plaintiff /Children's Advocacy Clinic, Guardian Ad Litem (26P!fiS ryx--[&?L - = > '. [T1 ?o MARK GILBERT, Plaintiff vs. JUDITH HAMOVITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-354 CIVIL : IN CUSTODY ORDER AND NOW, this day of March, 2010, continued hearing in the above custody matter is set for May 19. 2010,1 at 9:30 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Michael D. Rentschler, For the Plaintiff ?ane Adams, Esquire For the Defendant ,--'ru-cy Johnston-Walsh, Esqui Children's Advocacy Clinic :rlm 12T t le s rnIR C 4C, 31;.3116 -Me-q _,4. x1 r. Hess, P. J. N ?t MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO.04-354 CIVIL JUDITH HAMOVITZ, Defendant IN CUSTODY ORDER AND NOW, this /5 day of June, 2010, at the request of counsel, hearing in the above custody matter is continued to September 3, 2010, at 9:30 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Michael D. Rentschler, Esquire For the Plaintiff ~ Jane Adams, Esquire For the Defendant ~ucy Johnston-Walsh, Esquire Children's Advocacy Clinic :rlm e~~~ ~~.~~c~ ~ (.r ~ v BY THE COURT, /~ Kevin ess, P. J. l .I ~, J ~. C•~ ~ ~ ~- .,:~ -„ :~: r: ;. _ ~ ~, u 4 MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION -LAW L `= . NO. 04-354 CIVIL ; ~~~~~ :•~ °~=" JUDITH HAMOVITZ, Defendant IN CUSTODY :A--~ __ r, ORDER ; t-~ _.. ~ `~ ~` 3 yv ~ i AND NOW, this Z ~ - day of September, 2010, it is ordered and directed as ffl~lo~ ''' 1. The father, Mark S. Gilbert, and the mother, Judith Hamovitz, shall have shared legal custody of Jameson Gilbert, born May 12, 2000, and Mollie Gilbert, born June 22, 2001. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party will not impair the other party's rights to shared legal custody of the children and will not attempt to alienate the affections of the children from the other party. Each party shall notify the other, in a timely manner, of any activity or circumstance concerning their 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. Each party shall be entitled to all information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. Mother shall have primary physical custody of Jameson Gilbert. 3. Mother and father shall share physical custody of Mollie Gilbert. The periods of custody will run from after school on Friday until after school on the following Friday. During the summer, custody of Mollie will be exchanged at 3:00 p.m. on Fridays. 4. Father shall have partial physical custody of Jameson Gilbert every other weekend from Friday after school (or 3:00 p.m. during the summer) until Sunday at 7:00 p.m. Father will also have periods of visitation every Wednesday from after school (or 3:00 p.m. during the summer) until 7:00 p.m. 5. Mother shall have custody of the children for all Jewish holidays and father shall have custody of the children for all Christian holidays. The parties shall alternate having custody of the children on secular holidays. Every year, mother shall have custody of the children on Mother's Day and father shall have custody of the children on Father's Day. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Father shall be entitled to four weeks of uninterrupted vacation each year. This vacation time can be no more than two consecutive weeks at one time. Mother shall be entitled to two weeks of consecutive or non-consecutive, uninterrupted vacation each year. Each parent shall inform the other parent, in writing, a minimum of thirty days before the planned vacation of the proposed dates that they will be away and where they will be going. The parent taking the children on vacation shall provide the other parent with contact information. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 7. The party receiving custody shall be the parent who provides the transportation. 8. Each party shall be entitled to reasonable telephone contact with the children when they are in the custody of the other party. 9. Each party shall provide advance notification to the other parent about medical appointments. The parent making the appointment shall inform the other parent of the appointment within twenty-four hours of making the appointment. Each parent shall notify the other parent within twelve hours of any illnesses requiring medical attention. 10. Both children will continue to have individual therapy with Tracey Richards on a bi- weekly basis, for as long as therapeutically recommended. Father will schedule appointments for Mollie and provide her transportation. Mother will schedule appointments for Jameson and will provide his transportation. If the therapist determines she should meet with the children together, the parents will arrange transportation based on who has custody of the child at the time of the appointment. 11. Family-based services through Keystone Children and Family Services shall continue as long as it is authorized through insurance. When family-based services are concluded, the parents shall follow all recommendations given. 12. Jameson shall continue therapy with Shanen Turk-Geller at Sheinvold & Associates, as long as therapeutically recommended by Ms. Turk-Geller. Mother is responsible for making the appointments and ensuring that Jameson attends all appointments. Therapy will not conclude until Shanen Turk-Geller authorizes the conclusion of therapy. Parents shall follow all reasonable recommendations made. 13. The Children's Advocacy Clinic (CAC) will continue in their appointment as the children's Guardian Ad Litem. 14. During any period of custody or visitation, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests shall not consume controlled substances or consume alcohol to the point of intoxication in front of the children. 15. The parties shall refrain from making derogatory comments about the other party in the presence of the children and, to the extent possible, shall prevent third parties from making such comments in the presence of the child. The parties shall not argue or raise their voices at each other in the presence of the children. 16. It is recommended that both parents seek individual therapy. 17. All prior custody orders are hereby vacated. The parties can alter the provisions of this order by mutual agreement. If there is a disagreement, the terms of the order of court will control. BY THE COURT, Kevin Ar ess, P. J. ichael D. Rentschler, Esquire For the Plaintiff ane Adams, Esquire For the Defendant /I,ucy Johnston-Walsh, Esquire Children's Advocacy Clinic :rlm t ~' /~'L~ l ~,~ q a~~rd MARK GILBERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI .rn ? ? 0 ?? V. t lt 2004-354 CIVIL ACTION LAW N o ?? 7c -v o-n JUDITH HAMOVITZ 5C N Om IN CUSTODY DEFENDANT 4 4 "? ? ORDER OF COURT AND NOW, Wednesday, August 24, 2011 , 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 Tuesday, September 20, 2011 at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunda Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Pay 4 e I /w; 4 MARK GILBERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2004-354 CIVIL ACTION LAW JUDITH HAMOVITZ Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /'/ - day of Q 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The Mother shall continue to have primary physical custody of Jameson with the Father having partial physical custody on alternating weekends from Friday at 5:30 p.m. through Sunday at 9:00 p.m., and every Wednesday from 5:30 p.m. until 9:00 p.m., and at any additional times arranged by agreement between the parties. 3. Beginning on June 8, 2012 and continuing through the date of the follow-up custody conciliation conference scheduled in this Order, the Father shall have primary physical custody of Mollie, with the Mother having partial custody on alternating weekends from Friday at 3:00 p.m. through Sunday at 9:00 p.m., every Wednesday from 3:00 p.m. until 9:00 p.m., and at any additional times arranged by agreement between the parties. 4. The alternating weekend schedule shall begin with the Mother having custody of both Children on Friday, June 8, 2012. Thereafter, the Children shall be together every weekend throughout the alternating weekend schedule. 5. The current vacation schedule for each party shall take precedence over the regular custody schedule set forth in this Order. 6. The Father shall provide a copy of the insurance card for the Children to the Mother within seven days of the date of this Order and shall provide the actual insurance card to the Mother as soon as the Father receives them from the insurance company. 7. The parties, their counsel and the Guardian Ad Litem shall attend a follow-up conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, August 28, 2012 at 1:30 p.m. for the purpose of reviewing the parties' experience with the trial custody schedule and establishing an ongoing arrangement. 8. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. §5337. 9. 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 --'John M. Kerr Esquire - Counsel for Father y Jane Adams Esquire - Counsel for Mother Josh Bam and Lucy Johnston-Walsh Esquire - Guardians Ad Litem 4p%?sG ?,.l BY THF, COT JRT_ MARK GILBERT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-354 CIVIL ACTION LAW JUDITH HAMOVITZ Defendant : IN CUSTODY Prior Judge: Kevin A. Hess 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 Jameson Gilbert May 12, 2000 Mother Mollie Gilbert June 22, 2001 Mother/Father 2. A custody conciliation conference was held on June 4, 2012, with the following individuals in attendance: the Father, Mark Gilbert, with his counsel, John M. Kerr Esquire, the Mother, Judith Hamovitz, with her counsel, Jane Adams Esquire, and the Guardians Ad Litem for the Children, Josh Bam and Lucy Johnston-Walsh Esquire. 3. This Court previously entered Orders in this matter under which the Mother has primary physical custody of Jameson and the parties share having physical custody of Mollie. Last year, the Father filed a Petition for Emergency or Special Relief seeking primary physical custody of Mollie due to her expressed fears/concerns about being with her brother, who has special needs involving sometimes aggressive behavior. This Court entered an Order on November 15, 2011 following conciliation, under which the parties were ordered to make arrangements for Mollie to participate in counseling to determine whether her fears/concerns were the result of influence by the Father or the result of the situation with her brother. 4. The follow-up custody conciliation conference after counseling for Mollie was held on June 4, 2012. The parties agreed to entry of an Order implementing a trial schedule for 12 weeks to assist the parties in determining whether the change in custody is promoting the Child's best interests. ,Lzz- 6, ! a-a?,I? eL-, Date Dawn S. Sunday, Esquire Custody Conciliator _~ , s MARK GILBERT, VS JUDITH HAMOVITZ, IN THE COURT OF CO ON PLEAS OF Plaintiff CUMBERLAND COUNTY,~ENNSYLVANIA N0. 2004-354 Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE ORD$R OF COURT AND NOW, this 19th day of November, 21012, a pretrial conference was held in the jury deliberation room {~f Courtroom No. 6 of the Cumberland County Courthouse in the above captioned case. Present on behalf of Plaintiff was John Kerr, Esquire. Present on behalf of Defendant was Jane Adams, Esquire. Pres~nt on behalf of the children as Guardian ad Litem was Joshua Bam, ~ertified Legal Intern with Lucille Johnston-Walsh, Esquire. Thisis a custody action between Defendant Mother Judith Hamovitz an~l Plaintiff Father Mark Gilbert concerning the children Jameso~, age 12, and Mollie, age 11. However, the focus is on the cust~dial arrangement for Mollie. Mother is seeking a revision to the prior Judge Hess order of a 50/50 custodial arrangement whereas Father is satisfied with the current arrangement from the conciliator's conferences. The children shall testify first. Then Plaintiff (Shall proceed with testimony followed by Defendant and then the Expected Plaintiff's witnesses and Defendant's witnesses. ~'he children shall testify in camera with the Court asking any ~uestions. The decision to be made by the Court prior to testimon~r if counsel for Plaintiff and Defendant will be permitted in the j~ry deliberation room will be made prior to asking of the in cameralquestions upon meeting the children. The Guardian Ad Litem shallbe present. The children shall be brought to the courthouse for testimonial purposes no later than 9:30 a.m. for testimony to ~ast no later than 10:30 a.m. and are thereafter excused from th~ courthouse. They are to be returned to school immediately. The exhibits have not been fully shared at the time of pretrial conferences. All parties are given until December 3rd, 2012, to shade the exhibits and to make any objections in writing to them dire~tly to the Court. There may be an issue involving exhibits from a medical provider heretofore unknown which the Court will dal with when and if that medical record is made available. The tri~l date is scheduled for December 10, 2012, at 9:30 in the mo~ning for the day which after child testimony will allow the parties5 hours of testimony divided equally amongst the attorneys. By the Court. ', s A. ~Placey, C.P.J. ', /John Kerr, Esquire For the Plaintiff Jane Adams, Esquire For the Defendant Joshua Bam, CLI ~ Lucille Johnston-Walsh, Esquire Guardian ad Litem :mlc ~;)ed ~~ M ~a ~~~ it I ~~ n G ~=-' 3 r.,a -~ z ~ r o ,=- -NC ID ~ ~a o~ r-- ~ -~ o .,,~ c~ ~"~ ~, ~ ~ -~ `~ z~, ter-. ....{ ..~ ~ ..o ~r -~: I MARK GILBERT, : IN THE COURT OF COMMON PLE O � Plaintiff : CUMBERLAND COUNTY, PENNS-Y2AMA -� V. : NO. 2004 - 354 Civil Term vi - � JUDITH HAMOVITZ, : IN CUSTODY -a 7r C e-�- Defendant : CIVIL ACTION - LAW PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW COMES the Petitioner, Jane Adams, Esquire, and files the above- referenced Petition and represents that: 1. Petitioner is Jane Adams, Esquire, (hereinafter"Petitioner"), an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania, having a principal place of business located at 17 W. South St., Carlisle, Pa. 17013 2. Petitioner is currently attorney of record for Judith Hamovitz, (hereinafter "Defendant") in the above-captioned matter. She resides at 1600 Summit Avenue, Camp Hill, Pennsylvania, 17011. 3. Plaintiff is currently represented by John Kerr, Esquire. 4. Defendant recently contacted counsel and said that she would like to represent,herself in this matter moving forward and would like counsel to withdraw. 5. Currently there are no hearings or outstanding matters before the court. 6. Petitioner is seeking permission to withdraw her appearance on behalf of Defendant. 7. Attorney John Kerr was consulted and indicated that he did not oppose Petitioner's Motion to Withdraw. 8. This matter was assigned to Judge Thomas A. Placey. WHEREFORE, Jane Adams, Esquire requests permission to withdraw her appearance from the above-captioned matter. Respectfully Submitted, Date: 3 4V Ja Adams, Esquire o. 79465 South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, this May LC013, ,I, Jane Adams, Attorney for Judith Hamovitz hereby certify that a copy of this PETITION is being forwarded contemporaneously with this mailing to the following parties, by placing such in first-class mail, addressed to: John Kerr, Esquire 5220 Ritter Road Mechanicsburg, Pa. 17055 PLAINTIFF'S ATTORNEY Judith Hamovitz 1600 Summit Avenue Camp Hill, Pa. 17011 DEFENDANT Ja Adams, Esquire I. No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT IAJL of MARK GILBERT, w Plaintiff � �j IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT 2004-00354 CIVIL TERM JUDITH HAMOVITZ, Defendant IN CUSTODY IN RE: PETITION TO WITHDRAW AS LEGAL COUNSEL ORDER OF COURT 'AND NOW this k=�ta y y of May 2013, upon consideration of the Petition to Withdraw as Legal Counsel, and it appearing that Defendant has verbally requested Jane Adams, Esq. to withdraw her appearance as counsel of record on her behalf and Plaintiffs counsel, John M. Kerr, Esq., is not opposed to the relief requested, the petition is GRANTED and Jane Adams, Esq. is permitted to withdraw her appearance on behalf of Defendant in the above-captioned case. B Thomas A. Placey C.P.J. Distribution: ane Adams, Esq. John M. Kerr, Esq. C-) , ith Hamovitz -UX _- M� CC -L MM P > - -<A C)c © C� .201 s HAY 20 P19 1: 13 CUMBERLAND COUNTY PENNSYLVANIA MARK GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004 - 354 Civil Term JUDITH HAMOVITZ, : IN CUSTODY Defendant : CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL TO THE PROTHONOTARY: Pursuant to the attached Order, please withdraw the appearance of Jane Adams, Esquire, as Attorney of record for Judith Hamovitz. Respectfully Submitted: Date: ` O/J e Adams, Esquire . N o. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C, E3 t..] pi=pi (. �Tll r- MARK GILBERT, : CIVIL ACTION—LAW =73 '"`- Plaintiff/Petitioner ..0-- na _-',j . <c-' s+0 r5-.; : NO. 2004-00354 >c-) 3c `= v. .. -, se , r°.1 A : IN CUSTODY .....2, JUDITH HAMOVITZ, Defendant/Respondent : JUDGE THOMAS A. PLACEY PETITION FOR CIVIL CONTEMPT FILED ON BEHALF OF PLAINTIFF, MARK GILBERT, FOR DISOBEDIENCE BY DEFENDANT,JUDITH HAMOVITZ, OF THE COURT'S ORDER OF DECEMBER 28, 2012 AND NOW, comes Mark Gilbert, Plaintiff/Petitioner, pursuant to Rule 1915.12 of the Pennsylvania Rules of Civil Procedure, by his counsel,John M. Kerr, Esquire, and files the within Petition For Civil Contempt,the nature of which is as follows: 1. On December 28, 2012,the Honorable Thomas A. Placey,Judge of the Court of Common Pleas,entered an Order establishing a Custody Parenting Plan, as well as an Opinion In Support of Custodial Order(see, Exhibit "A," appended to this Petition, copy of said Order and Opinion). 2. In authoring the Opinion In Support of Custodial Order,Judge Placey was careful to state that the Opinion was"not to be shared with the children. It is not age appropriate for the children to be reviewing these legal matters" (Opinion, page 1) (emphasis supplied in original). 3. In fact, Defendant/Respondent Judith Hamovitz(hereinafter, "Mother")violated this directive from the outset.Jameson Gilbert,who is in the primary custody of Mother, indicated 2 rto his Father within days that the Orders were mailed that Mother told him he would be 5020 Ritter Road Suite 104 returning to the Camp Hill School District and would no longer be at New Story. Father was Mechanicsburg,PA 1'7055 g p g Y• PHONE: 717.766.4008 Fax: 717.766.4066 relegated to telling his son that this was not true,thereby deflating the child who had been told otherwise. Yn � "17.: e .- f x- 61.9s',6)62Y 4. Since that time, Mother has demonstrated an absolute disdain for the Court's Order,as evidenced by the following conduct: Violation of Counseling Provisions a) Mother has refused to take Jameson Gilbert (hereinafter, "Jamesom")to counseling with Dennis Graybill at Guidance Associates in Camp Hill, Pennsylvania. b) Paragraph 3b of the Court's Order provides that, "[t]he children shall remain in their respective counseling as needed or until medically discharged." Finding of Fact#19 states that, "[i]n addition to the school counseling that Jameson receives at New Story, he is also enrolled in counseling with Guidance Associates in Camp Hill ... c) Jameson has never been discharged from counseling at Guidance Associates,and such counseling is still needed. d) The Guardian ad Litem ("GAL") has contacted Father, both directly and through undersigned counsel, and asked if he would take his son to counseling,even though it is not his responsibility since Jameson is in Mother's primary custody(see, Exhibit "B," appended to this Petition, e-mail string involving Father, Mother and Children's Advocacy Center). e) Jameson has not been to counseling with Dennis Graybill since February 13, 2013. Mother did schedule an appointment for May 8, 2013, but was a "no show" and the family was assessed a $60.00"no show"fee which remains unpaid.At an IEP meeting on October 22, 2013, Mother stated: "[y]ou can take him if you want Mark —I'm not." f) Following the contact by the GAL, Father sent Mother an e-mail,explaining that he would take Jameson to counseling sessions which,of course,would be on Mother's custodial time, as she has primary physical custody of Jameson. Despite several such e-mails, Mother has not responded or cooperated in any fashion. Father is unable to carry through on counseling sessions without her cooperation, because he does not have custody of Jameson. g) Jameson has done well at the four monthly counseling sessions at New Story. It is anticipated by both Father and GAL that he would similarly do well with Dennis Graybill at Guidance Associates. Both Father and GAL believe that such counseling is ,11.,rurr PC needed. 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 h) Moreover, in failing to take Jameson to counseling, Mother is in violation of Fax: 717.766.4066 Keystone Human Services' recommendation that Jameson receive specialized outpatient therapy and consistent counseling with Dennis Graybill because of child sexual issues. Violation of Legal Custody Provisions of December 28,2012 Order a) Paragraph 1 of the December 28, 2013 Order states, inter alia, "... [t]he parents shall have an equal right 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 (emphasis added) b) [t]he primary physical custodian parent shall act as the initial starting point for legal custodial issues,which shall be timely shared and discussed with the other parent for an informed decision to be jointly made (emphasis added)that is in the best interest of the child. b) Mother has purportedly registered Molly Gilbert (hereinafter, "Mollie")at a local synagogue and has taken her on at least two occasions in preparation for Bat Mitzvah at the synagogue. c) Mollie has told her mother that she does not wish to participate in such religious activities. d) Mother has failed to discuss such religious activities with Father in violation of paragraph 1 of the Order,quoted above. e) Father does not agree with the Bat Mitzvah and has so indicated the same to Mother(see, Exhibit"C," appended to this Petition,e-mail message from Father to Mother). f) In addition, March 20,2013, Mother permitted Jameson to have earrings in both ears without consulting with Father. Violation of Provision Relating To Telephone Calls a) The Court's Order, at paragraph 2m, states that, "[n]ightly,the custodial parent of each child shall place a phone call to a designated number of the other parent one half-hour prior to the child's scheduled bedtime, but no later than 9:00 p.m. any night." b) In accordance with Mother's request for two weekday telephone calls, Mollie � telephones her Mother twice during the weekday custodian time of Father. 502 oned PC c) Mother,on the other hand,fails to enforce this provision by having Jameson Mechanicsburg,A 17055 telephone his Father nightly before bed. PHONE: 717.766.4008 Fnx: 717.766.4066 Violation of Partial Custody Provisions of Order a) At her whim, Mother refuses to return the children when mandated to do so pursuant to the provisions of the Order. b) On Sunday, October 27, 2013, Mother telephoned Father to inform him that she was in New Jersey with Mollie and would not be returning until after the 9:00 p.m. deadline as provided for in paragraph 2a of the Order. c) If fact, Mollie was not returned until shortly after midnight, over three hours after the return time pursuant to the Order. Mollie was exhausted;went directly to bed; and did not complete her homework. d) On Wednesday,July 24,2013, Mother failed to return Jameson for his weekday visit with Father,telling him she was in New Jersey and was not returning. e) On Wednesday, March 20, 2013, Mother failed to have Jameson available for a custody exchange until nearly 1.5 hours late. Mother had informed Father that Jameson was getting a hair cut. In fact, he was getting earrings in both ears. f) On Friday, March 22, 2013, Father arrived at Mother's at 5:30 p.m.to receive Jameson for his weekend custody period. Mother was not there and would not answer any telephone call from Father. On the fourth telephone call, Mother finally answered and stated that she was in Pittsburgh and that Jameson was staying at Mike and Bertha Youthers.Jameson did not return home until 8:45 p.m. and told his Father that his Mother told him that he did not need to go with his Father. g) On August 7, 2013, Father appeared at Mother's for his regular Wednesday visitation with Jameson. However,Jameson had a friend at his house and did not want to go with Father. Mother refused to come out of her house.Jameson told his Father that Mother informed him that he did not have to follow the Court Order since he was getting older and could make his own decisions. y),_„,rerria,°.PC 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 WHEREFORE, Petitioner Father requests that Respondent,Judith Hamovitz, be held in contempt of Court and that appropriate sanctions be imposed, such as to guarantee future compliance with the Order. He also requests that Mother be ordered to take Jameson to counseling sessions with Dennis Graybill at Guidance Associates or to arrange for Jameson to be available so that Father may take him to counseling. Respectfully submitted, IZa 41.2 John M. Kerr, Esquire Attorney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717)766-4008 . Dated: November 12, 2013 yrr avN PC 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 o ;; thu . MARK GILBERT, Plaintiff „j, Mi IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL DISTRICT 2004-00354 CIVIL TERM JUDITH HAMOVITZ, Defendant IN CUSTODY IN RE: CUSTODY PARENTING PLAN ORDER OF COURT AND NOW, this 28th day of December 2012, following a trial concerning the parties physical and legal custodial responsibilities of their minor children, Jamison Gilbert, born 12 May 2000, and Mollie Gilbert, born 22 June 2001, it is hereby ORDERED and DIRECTED, that the parenting plan that is in the best interests of the children is as follows: 1. LEGAL CUSTODY: Father, Mark Gilbert, and Mother, Judith Hamovitz, shall enjoy shared legal custody of the children. a. The parents shall have an equal right 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. b. The primary physical custodial parent shall act as the initial starting point for legal custodial issues, which shall be timely shared and discussed with the other parent for an informed decision to be jointly made that is in the best interest of the child. EXHIBIT j. Both parents shall review messages in the email account on a daily basis and respond to any requests within twenty-four (24) hours, if a response is requested or required. k. Each parent will maintain a file of true and correct copies of all electronic communication, either in electronic or paper form. 2. PHYSICAL CUSTODY: Mother shall have primary physical custody of Jamison. Father shall have primary physical custody of Mollie. The children shall be together every weekend and one evening a week through an alternating parent schedule. The alternating schedule for custody of both children and custodial planning requirements are as follows: a. On weekends from Friday at 5:30 p.m. or after school, whichever time is suitable to the parent receiving custody, through Sunday at 9:00 p.m., the children shall be together at one parent's residence, which shall alternate weekly between the parents. b. This alternating pattern shall continue forward from the alternating weekend schedule that is currently in existence, beginning 4 January 2013. c. On Wednesday of every week at 5:30 p.m. or after school, whichever time suitable to the parent receiving custody, through 9:00 p.m., the children shall be together at one parent's residence. d. This mid-week custody of both children shall alternate with the opposite parent having mid-week custody from the weekend custodial parent. 3 m. Nightly, the custodial parent of each child shall place a phone call to a designated number of the other parent one half-hour prior to the child's scheduled bedtime, but no later than 9:00 p.m. any night. n. In the alternative, the children may place this call with the knowledge and approval of the custodial parent. o. The sole purpose of this call is to allow the children to discuss their day or the next day plans or simply say goodnight to the non-custodial parent, it is not to be a discussion time between the parents over custody or any other matter other than a goodnight call. p. If a telephone call results in an answering machine pick-up, the custodial parent shall encourage the children to leave a goodnight message. q. The children may make other calls to their sibling or parent at reasonable times as needed. r. The parents are expected to use common sense in scheduling telephone calls to talk to the children. s. The parents are encouraged to establish a holiday custody schedule; • however, in the absence of an agreed upon schedule, a "default" Holiday and Special Days schedule is attached to this Order of Court as Attachment A, and is incorporated herein. t. The periods of partial custody for holidays, vacations, and other special days set forth in this Order of Court shall be in addition to and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth within this Order. 5 children's affections from the other parent as well as the other parent's extended family. a. The prior custodial orders shall continue in effect unless modified by this Order of Court. b. The children shall remain in their respective counseling as needed or until medically discharged. c. If the parties are unable to agree upon a counselor, the court will designate a mutually acceptable counselor for the child. d. If there is no agreement, any parties' attorney may file a Motion for Appointment of Counselor, along with a submission in writing containing their choice of counselor together with each proposed counselor's résumé, hourly rate, and program methodology. The court will select one of the counselors for the child to attend. e. Emergency decisions regarding the children shall be made by the parent then having custody; however, in the event of any emergency or serious illness of either child, the party then having custody of that child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency so that the other parent can become involved in the decision making process as soon as practical. f. During any period of custody, the custodial parent shall not possess or use illegal substances or consume or be under the influence of alcoholic beverages to the point of intoxication. 7 the children's property and it shall be each child's responsibility to determine what items will be taken, as reasonably appropriate. q. All parties shall be working on the children's educational development, which, absent written agreement by the parties or court order, is to be within the Camp Hill School District. 4. RELOCATION: Relocation is defined as a change in residence of the child, which significantly impairs the ability of the non-relocating parent to exercise custodial rights. No relocation shall occur unless every individual, who has custody rights to the children, consents to the proposed relocation or the court approves the relocation. If a party seeks to relocate, that party shall notify every other individual who has custodial rights to the children. All parties must follow the statutory requirements contained in 23 Pa.C.S. §5337. BY E _e , Thom'.s A. Placey C.P.J. Distribution List: John M. Kerr, Esq. For Plaintiff Jane Adams, Esq. For Defendant TRUE COPY FROM RECORD In -resin-1)11v,-v hereof, 1 here unt_,set my hand Joshua Bar, Certified Legal Intern a'' "''�`- r~;<< ,rc,t,.ti c<:ri;s;e, a. __ _ ,. Guardian ad Litem '''/ /. AC ,K . , r / 9 �,.r Uu '‘Lb i��� ' (EI MARK GILBERT, � �1�„'_ I 0,��; Plaintiff ( ?,-. .. nint IN THE COURT OF COMMON PLEAS v. OF THE NINTH JUDICIAL DISTRICT 2004-00354 CIVIL TERM JUDITH HAMOVITZ, Defendant IN CUSTODY OPINION IN SUPPORT OF CUSTODIAL ORDER PLACEY, C.P.J. 28 DECEMBER 2012 Plaintiff, Mark Gilbert (Father), initiated a custody action against Defendant, Judith Hamovitz (Mother) on 28 January 2004, which was transferred to this court by the President Judge following several 2012 conciliation conferences on Father's subsequent request for modification. This court scheduled a pre-trial conference that was held on 19 November 2012, followed by a day long custody trial held 10 December 2012. The minor children were represented by a Guardian ad Litem, as previously appointed by the President Judge. An in camera proceeding, where each counsel was present but the judge alone interacted with the children, was held individually with each child in the jury deliberation room, which was followed by in court testimony without the minor children present. This opinion is written for the benefit of the parties and attorneys involved in this case. It is not to be shared with the children. It is not age appropriate for the children to be reviewing these legal matters. The parties and their respective counsel may share the separate custodial parenting plan order with the children; however, under no circumstances, absent permission of the court, is this opinion in support of the custodial parenting plan order to be shared with the minor children. 13. Mollie attends the Camp Hill School District and is cared for by an after school caretaker, Mr. McDonald, who is unpaid, but whose children also attend the Camp Hill School District and whose house is within a short walking distance of the school; 14. Father's residence is approximately two miles driving distance from the Camp Hill High School; 15. Mother's residence is approximately one mile from the Camp Hill High School; 16. While it is feasible to walk to or from either home to the school, Father's home is on the other side of Route 11, which can be difficult to ambulate; 17. In the summer of 2012, an interim custody schedule was attempted, in which Mother would have primary physical custody of Jamison and Father would have primary physical custody of Mollie; 18. At Father's insistence, this pilot schedule has unilaterally remained unchanged through the school year and is before the court for determination; 19. In addition to the school counseling that Jamison receives at New Story, he is also enrolled in counseling with Guidance Associates in Camp Hill, as is also true with Mollie; 20. At the hearing, time was spent addressing letters written by Mollie, which the court considered only as a triggering event for modification request and the analysis of which is left to the health care professionals; 21. At this point in their custody situation, each parent has become territorial with their children's time, which may not have been the case in the past when there were less demands on the children's time; 3 33. The special arrangements made for Jamison may sometimes be interpreted as special treatment to Mollie's disadvantage, which is causing a strain on the relationship between Mollie and Jamison and forms a large part of the basis for Mollie's custodial preference; 34. It appears, but was not directly stated, that Mollie feels safer when others are around; 35. Further, it appears that Jamison can be a rollercoaster of emotion and activity, which he would prefer to ride without protective padding; 36. Mollie's grades this academic year are, self-admittedly, in need of improvement; 37. The minor children do not communicate with each other when they are apart; 38. Father's step-children are grown adults and, like maternal grandfather, are not primary caregivers to Jamison or Mollie; 39. Father's wife does have the time and ability to step in as necessary, but there was no description of her being needed to do so as the parties have largely kept custody between themselves and their schedules; 40. The exception to this party-managed child care arrangement is after school care for Mollie, which the court will incentivize in its custodial order; 41. There is no history of drug abuse within the households and the only member of either household with a described health issue is maternal grandfather, who has respiratory issues requiring oxygen. CONCLUSION Applying these facts to the best interest of both children, the conclusion is that the interim custody order be made part of the total parenting plan, encouraging both 5 Father, Mark Gilbert, and Mother, Judith Hamovitz, shall enjoy shared legal • custody of the children. a. The parents shall have an equal right 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. b. The primary physical custodial parent shall act as the initial starting point for legal custodial issues, which shall be timely shared and discussed with the other parent for an informed decision to be jointly made that is in the best interest of the child. c. Each parent shall be entitled to equal access to the children's school, medical, dental, and other important records. d. As soon as practical after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. e. Each parent shall notify the other party of any medical, dental, optical, and other appointments for either child with respective health care providers, sufficiently in advance thereof, so that the other party can attend. f. Each party shall execute any and all legal authorizations so that the other party may obtain information from the children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning the children's progress and welfare. g. The release or authorizations described above shall be executed within ten (10) days of any written request by either party or their counsel. 7 • • b. This alternating pattern shall continue forward from the alternating weekend schedule that is currently in existence, beginning 4 January 2013. c. On Wednesday of every week at 5:30 p.m. or after school, whichever time suitable to the parent receiving custody, through 9:00 p.m., the children shall be together at one parent's residence. d. This mid-week custody of both children shall alternate with the opposite parent having mid-week custody from the weekend custodial parent. e. Additional or alternative custodial times, as arranged and agreed upon between the parents, are permitted. f. Mollie is permitted to be at either her Mother's residence or the McDonald's residence after school, at her option, provided her school work for the next day is completed and her grades show improvement. g. Mollie must notify both parents no later than 9:00 p.m. of her choice of after school location. h. If Mollie fails to comply with the above conditions, the parents will jointly dictate her after school location that they deem is the best place to promote her academics; i. If the parents cannot agree, the court will decide the after school location upon written submission of alternative locations together with cost and academic structure available at each location. 9 r. The parents are expected to use common sense in scheduling telephone calls to talk to the children. s. The parents are encouraged to establish a holiday custody schedule; however, in the absence of an agreed upon schedule, a "default" Holiday and Special Days schedule is attached to this Order of Court as Attachment A, and is incorporated herein. t. The periods of partial custody for holidays, vacations, and other special days set forth in this Order of Court shall be in addition to and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth within this Order. u. Holidays and other special days for custody set forth in this Order of Court shall take precedence over vacations. v. The parties may exchange physical custody of the children at such other times as they, the parties, may mutually agree upon in writing. w. This writing and any other agreement identified in this Order shall be maintained either in electronic or paper form. x. The party exercising custody over the children shall handle transportation for the exchange of custody with the other parent or to/from school. y. if a parent is late in a custodial exchange, then the other parent will have the option of adding an additional weekday custodial period in the following weekly cycle commensurate with the time lost and comporting with the time constraints set forth above. 11 hourly rate, and program methodology. The court will select one of the counselors for the child to attend. e. Emergency decisions regarding the children shall be made by the parent then having custody; however, in the event of any emergency or serious illness of either child, the party then having custody of that child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency so that the other parent can become involved in the decision making process as soon as practical. f. During any period of custody, the custodial parent shall not possess or use illegal substances or consume or be under the influence of alcoholic beverages to the point of intoxication. g. Any prescribed medications shall be taken only to assure therapeutic levels. h. The parents shall, to the extent possible, ensure that other household members and or guests comply with these provisions. i. It shall be the duty of each parent to hold out the other parent as one the children should respect and love. j. Each parent shall speak respectfully of the other, whether it is believed the other reciprocates or not. k. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandfather, or other familial name of respect. 13 relocation. If a party seeks to relocate, that party shall notify every other individual who has custodial rights to the children. Al! parties must follow the statutory requirements contained in 23 Pa.C.S. §5337. BY THE COURT, .44 Thomas A. PI:cey C.P.J. Distribution List: John M. Kerr, Esq. For Plaintiff Jane Adams, Esq. . For Defendant Joshua Bam, Certified Legal Intern - Guardian ad Litem TRUE CCPY FROM my;land In Testirnony when.of, I herl pa. and the seal of said Col: "r Z This day of 15 John Kerr From: Gilbert, Mark [magilbert @pa.gov] Sent: Friday, November 01, 2013 8:56 AM To: Child Advocacy Cc: 'kerrlaw@comcast.net Subject: RE: Jameson Gilbert-Counseling Good Morning Emily, Yes, I have agreed to take Jameson to his counseling as a result of Judith's refusal at the recent IEP Meeting. I offered Judith assistance beforehand with transporting Jameson to his counseling appointments quite some time ago in past IEP Meetings throughout last year. Currently, I am awaiting Judith's reply regarding the matter and at this point,Judith has not responded to my requests.As previously done, I appreciate your contacting John Kerr with any future concerns. Best regards, Mark From: Child Advocacy [mailto:Childadvocacy @dsl.psu.edu] Sent: Thursday, October 31, 2013 3:58 PM To: Gilbert, Mark Cc: 'kerrlaw @comcast.net Subject: RE: Jameson Gilbert- Counseling Hello Mr. Gilbert, My name Emily Ward, I am the law student assigned to your children's case. Lauren Corso is the social work student assigned. On October 29,2013, Lauren contacted Attorney Kerr to ask if you would be willing to take Jamie to counseling pursuant to the conversation at Jamie's IEP meeting on October 22. In no way did we wish to imply you must take him, but based on your email below it sounds like you are willing? If this is the case, I appreciate your willingness because our concern is simply that Jameson receives the counseling he needs. Thank you, Emily Certified Legal Intern From: Gilbert, Mark [mailto:magilbert@pa.gov] Sent: Tuesday, October 29, 2013 5:02 PM To: iudio33 @verizon.net Cc: 'John Kerr'; Child Advocacy Subject: Jameson Gilbert - Counseling Judith, I have been contacted by my Attorney John Kerr recently, which he advised was based on receiving a phone call by the children's GAL- Lauren Corso of the Children's Advocacy Clinic on October 29, 2013 pertaining to Jameson's court ordered counseling. EXHIBIT 1 a Ms. Corso has asked Attorney Kerr contact me requesting my assistance with transporting Jameson to his court ordered counseling at Guidance Associates of Camp Hill.As such, appointments will need to be made to continue with this process. I am requesting a return e-mail of Jameson's availability after school,via school van drop off during the week Monday through Friday in order to continue with this process.This assistance will NOT be constituted or acknowledged as an exchange of ANY custodial times with the children. It is in observance of the court order only in which Jameson will be transported to the counseling appointment and returned to your residence at the conclusion of the appointment. It will be your responsibility to ensure there is an adult at your residence to receive Jameson, upon returning from the appointment which lasts approximately 1 hour to include travel time to and from the appointment. Any cancellation of any counseling appointment requires at least 24 hours pre-notice to avoid obligation of payment requirements by the responsible party. Should Jameson be sick or unavailable for any pre-scheduled appointment it is your responsibility to notify me via e-mail or phone call before that time frame requirement, so I can promptly notify Guidance Associates of Camp Hill of the same. In addition, I am requesting you will ensure ALL co-payments be kept current so that Jameson will be able to attend the pre-scheduled appointments. Should you fail to ensure co-payments remain current and/or Jameson's availability to be received at your residence within one half hour before for the pre-scheduled appointment times in which will be e- mailed to you no later than one week in advance, I will be requesting Guidance Associates of Camp Hill forward any payment correspondence regarding co-payments, no shows or lateness by no fault of my own be sent to you for prompt correction. I request any prior un-paid balances be corrected immediately as to prevent delay of continuing with pre- scheduling of appointments. Thank-you in advance for your time and cooperation with this matter. Mark 2 John Kerr From: Gilbert, Mark [magilbert@pa.gov] Sent: Thursday, November 07, 2013 9:32 AM To: 'John Kerr' Subject: Yesterday John, When I picked up Mollie, she advised me again that mom was requesting her to go to the synagogue on this coming Sunday. Mollie said she did not answer her back and ignored her request. Mollie said she did tell mom that she is doing an after school sport in Basketball and wants to do that. Jameson called me last night at 3:47pm., while he was down at Holmes Bicycle Shop in Camp Hill. Jameson was not with Judith and purchased a BMX Bicycle for $320.00 with another kid named Victor. Victor had given Jameson the $320.00 buying Jameson's BMX Bicycle he currently had and sold his X-Box 360 to the kid. Judith was out with Mollie and Jameson was again by himself. I asked Jameson where his mom is and he replied she is out with Mollie again and let me home alone. Jameson said, mom always does that and goes places with Mollie and won't take me with. I attempted to call Judith based on the situation with Jameson attempting to follow through on this purchase of another bicycle. Mollie said he came home with the new bicycle and Judith was unaware of the purchase. He and Victor then rode by themselves over to the Grind Lab which is over near the Capitol City Mall, clear across town. Judith has NOT responded to the counseling e-mails. I attempted to talk to her last night about it when I picked up Mollie and she would not discuss it with me on the scheduling of appointment times. She walked away and went into her house. I don't have any authority to Just pick him up on her custody time. I think Lucy should be advised of this issue and get the petition out ASAP. If I violate the custodial Order, I will be in an Contempt situation Just like Judith is now, which does not certainly appeal to me. Judith is waiting on me to do violate the order and turn this into a stand-off then she'll start picking up Mollie after school. I'm being put into a "no win scenario" which should I not follow through with taking Jameson to counseling, the GAL will likely blame me for not following through as asked and complete the two-way stand-off. What should I do next?? Mark EXHIBIT c 1 To: ludio33Pverizon.net Cc: 'kerrlaw @comcast.net' ; molliemo22(verizon.net Subject: Bat Mitzvah Judith, While returning with Mollie to my home this evening after your Wednesday visitation on 9/25/13, Mollie advised me that you had attempted to take her to a Synagogue this evening in preparation with Mollie for Bat Mitzvah and promising Mollie a party with her friends and family. In addition, Mollie expressed that this would also entail her being picked up by you atleast two times each week after school to attend this function for an ongiong period of time. I am appalled that you did not discuss this matter with me prior to engaging in this with Mollie. I am advising you that I do not approve of this. I request that you discontinue and not interfere with Mollie's after school activities. I am requesting you do not receive Mollie for any religious purpose after school or at any other time other than that of the court order. Being that I am Mollie's primary custodian, I am expecting your cooperation with this matter. This additional time should be utilized to ensure Jameson is attending out-patient counseling with Dennis Graybill at Guidance Associates as per the court's order and in which as per your prior agreements to ensure Jameson's consistent attendance. Feel free to contact me with any questions you might have. Thank-you in advance for your anticipated cooperation. Mark 2 rr o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK GILBERT, : No. 2004-00354 Plaintiff vs. : CIVIL ACTION-LAW JUDITH HAMOVITZ, Defendant : CUSTODY CRIMINAL/ABUSE HISTORY VERIFICATION I, Mark Gilbert, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea or pending charges 18 Pa.C.S.Ch.25(relating to criminal homicide) 18 Pa.C.S. §2702(relating to aggravated assault) 18 Pa.C.S. §2706(relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea or pending charges 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902(relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910(relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123(relating to involuntary deviate sexual assault) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125(relating to aggravated indecent assault) 18 Pa.C.S. §3126(relating to indecent assault) 18 Pa.C.S. §3127(relating to indecent exposure) 18 Pa.C.S. §3129(relating to sexual intercourse with animal) 18 Pa.C.S. §3130(relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302(relating to incest) 18 Pa.C.S. §4303(relating to concealing death of child) 2 Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea or pending charges 18 Pa.C.S. §4304(relating to endangering welfare of children) 18 Pa.C.S. §4305(relating to dealing in infant children) 18 Pa.C.S. §5902(b)(relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312(relating to sexual abuse of children) 18 Pa.C.S. §6318(relating to unlawful contact with minor) 18 Pa.C.S. §6320(relating to sexual exploitation of children) 18 Pa.C.S. §6114(relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 3 2. Unless indicated by my checking the box next to an item below,neither I nor any other member in my household have a history of violent or abusive conduct including the following: Check all Self Other Date that Household Apply Member A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member,not a party, state that person's name, date of birth and relationship to the child: 4 • 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. i Lii - Ze. M. Gilbert ///t4/ 07//? Date 5 VERIFICATION The undersigned, Mark Gilbert, hereby states that he is the Petitioner in the foregoing Petition for Contempt and, accordingly, is authorized to execute this Verification, and that any factual statements contained in the foregoing Petition are true and correct to the best of his knowledge, information or belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Ma Gilbert V CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Petition For Civil Contempt Filed on Behalf of Plaintiff, Mark Gilbert, For Disobedience by Defendant,Judith Hamovitz,of the Court's Order of December 28, 2012," on the below-named individuals in the manner indicated: Fitst Class Mail, Postage Prepaid Lucy Johnston-Walsh, Esquire Judith Hamovitz Guardian Ad Litem 1600 Summit Avenue Children's Advocacy Clinic Camp Hill, PA 17011 371 W. South Street Carlisle, PA 17013 /Ui• l` John M. Kerr, Esquire John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: November 12, 2013 yohn rrrIa s Pc 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 ED 0 t FL�: MARK GILBERT IN THE COURT OF COMMON PLEQ(° AS 3RQ I HO ;� PLAINTIFF : CUMBERLAND COUNTY, PENNSY ,LeMitAiki 3 v. 2004-354 CIVIL ACTION LAW 'UMBERLAU COUNTY JUDITH HAMOVITZ IN CUSTODY PENNSYLVANIA DEFENDANT • ORDER OF COURT AND NOW, Friday, November 15,2013 , 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 Tuesday, December 17,2013 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ Dawn S. Sunday, Esq.;/�✓ r 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. • r Cumberland County Bar Association Copies /re..a1 l r.t., 32 South Bedford Street A-•g J . k;,R/L. Carlisle, Pennsylvania 17013 (44-1:y . Ja ao-cols Telephone (717) 249-3166 J «his/� MARK GILBERT • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2004-354 CIVIL ACTION LAW • JUDITH HAMOVITZ : Defendant • IN CUSTODY ORDER OF COURT AND NOW, this I-- 441‘ day of , 204 upon consideration of the attached Custody Conciliation Rep rt, it is or•- ed d directed as follows:' 1. • _ -II =• -• . . • u •- .,_ • - IP- -- • • • rI! .. the day of , 20 _, at • _.m. at which time testimony . ' .e taken. For purposes of the hearing, the Father shall be deemed to be the moving par . • s all proceed initially with testimony. Counsel for the parties, or a •a _ e -, - Ile with the Court and opposing counsel a Memorandum -_ r leach party's position on custody, a list of witnesses who are ex sec -• ; - i y at the hearing, aid a summary of the anticipated testimony of each witness. .....mol,• g .. m .- : - - :: : : . -- - . i II m e. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court dated December 28, 2012 shall continue in effect. BY TI COURT, Thom s . Placey .1. cc: Sohn M. Kerr Esquire --Counsel for Father �dith Hamovitz--Mother -/rmily Ward and Lucy Johnston-Walsh Esquire--GAL }r ,�y�` I r : r' _ .. C t ES Pat (ccl� u-),..._ - s //1/V/V .r.,- . __ MARK GILBERT • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2004-354 CIVIL ACTION LAW • • JUDITH HAMOVITZ Defendant : IN CUSTODY Prior Judge: Thomas A. Placey 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 BIRTH YEAR CURRENTLY IN CUSTODY OF Jameson Gilbert 2000 Mother Mollie Gilbert 2001 Father 2. A custody conciliation conference was held on December 17, 2013, with the following individuals in attendance: the Father, Mark Gilbert, with his counsel, John M. Kerr Esquire, the Mother, Judith Hamovitz, who is not represented by counsel in this matter, and the Guardian Ad Litem for the Children, Emily Ward and Lucy Johnston-Walsh Esquire. 3. The Father filed this Petition for Contempt alleging that the Mother has violated the prior Orders by inappropriately sharing custody information with Jameson in violation of the Court's directive, violating the counseling provisions of the Order as well as the legal custody provisions, telephone call provisions and partial custody schedule provisions. 4. The parties were able to discuss the situation with regard to counseling for Jameson (for which the GAL indicated the Father had assumed responsibility at an IAP meeting for the Child) and agree to continue counseling for Jameson with the parties alternating responsibility for taking the Child to appointments. The conciliator was unable to work with the parties on the other issues in dispute, however, as the Father's counsel demanded a hearing on those contempt allegations without conciliation and indicated that nothing short of a contempt finding and the imposition of sanctions and counsel fees would be acceptable. ' Y 5. As the Father was unwilling to conciliate on those matters, it will be necessary to schedule a hearing on the Father's Petition for Contempt. The Father's counsel has requested one full day for the hearing. The Mother indicated that she may obtain counsel to represent her at the hearing. 6. The Father's position on custody is as follows: The Father believes that the Mother is not cooperating generally with the provisions of the existing Court Order including failure to take Jameson to counseling sessions, to make joint decisions with the Father on Mollie's religious education, to have Jameson telephone his Father on a daily basis and to abide by the partial custody schedule for Mollie by not returning her at the appropriate time and retaining custody outside the Court Order. The Father seeks to have the statutory fine for contempt imposed upon the Mother as well as an award of legal fees for enforcement. 7. The Mother's position is as follows: The Mother adamantly denies the Father's allegations in his contempt Petition although some of the items alleged were not specifically discussed at the conference as previously mentioned above. The Mother noted that she was not personally required to take Jameson to counseling under the Order although counseling is required. The Mother indicated that the Father agreed to take the Child to counseling in the presence of the GAL and at additional times but did not follow through. The Mother expressed frustration that the Father will not discuss these issues with her directly which leads to misunderstandings. The Mother acknowledged that she retained custody of Mollie for Hanukah although it is not a listed holiday under Exhibit"A" of the current Court Order. 8. The GAL's position on custody is as follows: The GAL did not have an opportunity to respond to the list of allegations (other than counseling) in the Father's Petition for Contempt as these items were not discussed specifically at the conference. However, the GAL was present at the IAP meeting for Jameson and indicated that the Father voluntarily assumed responsibility for taking Jameson to counseling sessions, which was why the GAL followed up with the Father rather than the Mother thereafter to attempt to ensure that Jameson's counseling was reinitiated. The GAL expressed the opinion that the lack of direct communication between the parties is one of the main barriers to the effective implementation of the parenting plan in this matter. 9. The conciliator recommends an Order in the form as attached scheduling a hearing as requested by the Father's counsel. a2-w10.4.4e4 { �� ,zo 13 Date Dawn S. Sunday, Esquire Custody Conciliator 'KO i War linsv MARK GILBERT 4. , . +• .� �«- Plaintiff ,, I ` , 4 IN THE COURT OF COMMON PLEAS ji is to Akk - OF THE NINTH JUDICIAL DISTRICT v. PI?!HSYLVAP I , 2004-00354 CIVIL TERM JUDITH HAMOVITZ, Defendant IN CUSTODY IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 13th day of January 2014, upon review of the Conciliation Summary Report, a custody trial is scheduled for 26 March 2014 at 10:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Counsel only shall attend a Pre-trial Conference scheduled for 24 February 2014 at 3:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 18 February 2014. 1. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; A f c. The name and age of any child witness either party proposes to call as a witness; d. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; e. A proposed final custody order. f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the order of testimony; b. the narrowing of the issues; c. the entry of a pretrial order to include time limits; d. the special scheduling of any child witness either party intends to call at trial; e. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; f. the limitation of the number of expert witnesses; g. settlement and/or mediation of the case; and h. such other matters as may aid in the disposition of the case. 2 .Y , 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. BY THE COURT, Thomas . lacey, C.P.J. Distribution: 1hn M. Kerr, Esq. Judith Hamovitz, pro se .mily Ward & Lucy Johnston -Walsh, Esq aCra.C.0 PZAI ILL 0 3// 3 MARK GILBERT , : IN THE COURT OF COMMON PLEAS OF • Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN-IA ,,_ c v. • rr1 c._ -. • CIVIL ACTION- LAW = = r IN CUSTODY x w �-=�' JUDITH HAMOVITZ, • `��� Defendant • No. 04-00354 {}:, --1 -< MOTION TO WITHDRAWAL AS GUARDIAN AD LITEM AND APPOINT AN ATTORNEY FOR THE CHILDREN 1. On the 16th day of September, 2009, the Court appointed the Children's Advocacy Clinic of the Penn State Dickinson School of Law as the Guardian Ad Litem for Jameson and Mollie Gilbert, born the 12th day of May, 2000 and the 22nd day of June, 2001, respectively, in a custody action between Mark Gilbert and Judith Hamovitz. 2. Pursuant to Father's Petition for Contempt a custody conciliation was held on December 17th, 2013 in this matter. 3. Father's Petition for contempt alleged that Mother violated prior Court Orders by failing to take Jameson to counseling; inappropriately sharing custody information with Jameson; as well as violating the legal custody provisions, the telephone call provisions, and the partial custody schedule provisions. 4. At the custody conciliation the parents resolved the issue of Jameson attending counseling by agreeing to alternate the responsibility of transporting him to his appointments. 5. The remaining issues in Father's Petition for Contempt were unable to be resolved due the parents' divergent views on the legal custody provisions, the telephone call provisions, and the partial custody schedule provisions. 6. Father and Mother seem unable and unwilling to make a joint decision on their children's religious education. 7. As a result, a Custody Trial has been scheduled for the 26th day of March, 2014. 8. The Children's Advocacy Clinic is not able to continue as Guardian Ad Litem for the children in this matter in regard to the issues still in dispute, specifically religious education. 9. This matter is better suited for a court-appointed attorney to represent the children and each child's desire regarding religious education, as per the new custody rule Pa. R.C.P 1915.11-2. 10. Due to these rule changes and the nature of the dispute in this matter, the Children's Advocacy Clinic no longer has the resources necessary to appropriately fulfill the role of Guardian Ad Litem in this custody matter. 11. The Children's Advocacy Clinic requests that Grace D'Alo be appointed as attorney for the children and Ms. D'Alo agrees to serve this role. 12. Pursuant to C.C.R.P. 208.2(d), the Children's Advocacy Clinic sought concurrence of opposing counsel for Father, John Kerr, Esq. Mr. Kerr had not responded at the time of filing this motion. Mother does not have counsel, but had been contacted and had not responded at the time of filing this motion. 13. Pursuant to C.C.R.P. 208.3(a)(2), The Honorable Thomas Placey has previously presided over this custody action. WHEREFORE, the Children's Advocacy Clinic of the Penn State Dickinson School of Law respectfully request to withdrawal as the Guardian Ad Litem in the above custody matter and appoint Grace D'Alo an attorney for the children, pursuant to Pa. R.C.P. 1915.11. DATE: 1 / 31/ J. Michae Barron Certified egal Intern , 11b, Lucy J. stt n-Wa sh Supervi., g Attorney Children's Advocacy Clinic Penn State University's Dickinson School of Law 355 W. South Street Carlisle, PA 17013 (717) 243-2968 CC: John M. Kerr, Esq., Attorney for Father Judith Hamovitz,pro se, Mother Grace D'Alo, Esq. MARK GILBERT , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION- LAW • IN CUSTODY • JUDITH HAMOVITZ, Defendant • No. 04-00354 CERTIFICATE OF SERVICE I, J. Michael Barron, Certified Legal Intern with the Children's Advocacy Clinic, hereby certify that I will be serving a true and correct copy of the Motion to Withdrawal as Guardian ad Litem and Appoint an Attorney for the Children on: John Kerr, Attorney for Father 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 Judith Hamovitz, Mother of Children 1600 Summit Avenue Camp Hill, PA 17011 Grace D'Alo, Esq 530 Greason Road Carlisle, PA 17015 by sending a copy of the same by United States mail. DATE: 1 /31/1/ 7 r J. Michae Barron Certified Legal Inter Children's Advocacy Clinic Penn State University's Dickinson School of Law 355 W. South Street Carlisle, PA 17013 (717) 243-2968 r MARK GILBERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVielA . —aZ r _., m 03 -Tl -r- V. : NO.04-00354 x m ref rt l co -,,r. JUDITH HAMOVITZ : CIVIL ACTION—LAW -<2- ' Defendant : IN CUSTODY A ,,, 7'--.7. 5; cn ;c- :JUDGE THOMAS PLACEY ' _ --; RESPONSE OF PLAINTIFF, MARK GILBERT,TO MOTION TO WITHDRAW FILED ON BEHALF OF GUARDIAN AD LITEM AND NOW,comes Mark Gilbert, by his counsel,John M. Kerr, Esquire and John Kerr Law, P.C. and files a response to the Motion To Withdraw Filed on Behalf of the Guardian Ad Litem, the nature of which is as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. By way of further answer,Judith Hamovitz(hereinafter, "Mother")at a recent IEP meeting conducted by Jameson Gilbert's school, New Story, began to backtrack and argue that the counseling was unnecessary. It is averred that the only reason Mother agreed to take Jameson to Gilbert to counseling was the pendency of the contempt proceeding. She is now refusing to take Jameson to the counseling scheduled for February 11, 2014,which she had agreed to do at conciliation. �/////////]]] 5. DENIED. The remaining issues could not be resolved due to Mother's steadfast refusal ohn rria, PC 5020 Ritter Road Suite 104 to follow the Order entered by Judge Placey on December 28, 2012. Mechanicsburg,PA 17055 PHONE: 717.766.4008 Fax: 717.766.4066 6. AGREED. 7. DENIED.The Hearing scheduled for March 26, 2014 is the result of the Contempt Petition filed by Father and is not intended to resolve the issue of what religion the children will r adhere to. There is no pending Modification Petition,and Mother has not properly requested a Hearing on the religion issue. Mark Gilbert's(Father) sole request is that Mother be held in contempt and subject to the penalties established by statute. 8. ADMITTED in part and DENIED in part.The Children's Advocacy Center gives no reasons why it cannot continue. In fact, in August, 2011, Mark Gilbert filed an emergency petition in which he requested that the Children's Advocacy Center be removed as Guardian ad !item. Although that portion of the Petition was subsequently withdrawn and sealed, Father is at a loss as to why the Guardian chooses this juncture to ask to withdraw. It provides no substantive reasons for such a request.As stated in response to paragraph 7 above,the issue in this proceeding is not what the children's religion will be; instead, it is whether Mother has violated the legal custody provisions of the Order. 9. DENIED.There is no reason to appoint counsel for the children.There is no pending modification petition and the children have no voice in whether their Mother has violated the existing Order.The cited rule (Pa.R.Civ.P. 1915-11.2) merely provides for the form of the notice and petition. It has nothing to do with religious education. 10. DENIED.The Motion fails to identify any Rule changes or furnish any substantive basis for the requested relief. 11. DENIED.There is absolutely no reason for any other attorney to be appointed. 12. ADMITTED. 13. ADMITTED. p),ruirr aw.PC 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 • WHEREFORE, it is requested that if the Guardian ad Litem is permitted to withdraw,that no replacement counsel be appointed for the children. Respectfully submitted, /i !ter✓ J n M. Kerr, Esquire Attorney I.D.#26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717)766-4008 Dated: February 10, 2014 2(),in r,ri.aw.PC 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Response of Plaintiff, Mark Gilbert,to Petition To Withdraw filed on Behalf of the Guardian ad Litem," on the below-named individuals in the manner indicated: First Class Mail, Postage Prepaid Lucy Johnston-Walsh, Esquire Judith Hamovitz Children's Advocacy Clinic 1600 Summit Avenue 371 West South Street Camp Hill, PA 17011 Carlisle, PA 17013 !. C4 1•`in M. Kerr, Esquire 5+20 Ritter Road Suite 104 Mechanicsburg, PA 17055 rrJ.d n P(2hfl 5020 Ritter Road Suite 104 Mechanicsburg,PA 17055 PHONE: 717.766.4008 FAX 717.766.4066 L~ THE PRO v �rn+'<. ` ,iNt ti;;, MARK GILBERT,20!4EEB PH ,,t Plaintiff „ 2• « I J' I ,► I l� 1r PENNSYLVANIA ..,: Mount?of QCumbertan0 v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004-00354 CIVIL TERM JUDITH HAMOVITZ, Defendant IN CUSTODY IN RE: MOTION TO WITHDRAWAL [SIC] AS GUARDIAN AD LITEM AND APPOINT AN ATTORNEY FOR THE CHILDREN ``t), ORDER OF COURT AND NOW, this t day of February 2014, upon consideration of the Motion to Withdrawal [sic] as Guardian Ad Litem and Appoint an Attorney for the Children, the Motion is GRANTED. The Children's Advocacy Clinic is hereby permitted to withdraw as Guardian Ad Litem. Further, it is ORDERED that Grace D'Alo, Esq., is hereby appointed as attorney for the minor children, Jameson and Mollie Gilbert, in connection with the civil proceedings related to the custody of the minor child. As attorneyfor the minor children, Grace D'Alo, Esq., SHALL have access to any and all records, reports, and/or information pertaining to the children which may be relevant to these proceedings and/or relevant to any special needs or requirements of the children. It is further ordered that Attorney D'Alo SHALL be permitted to see and speak with the children, family, medical and/or social service providers, and all other individuals who have information that may be relevant to the custody proceedings. This appointment shall terminate upon the entry of a final order regarding Plaintiff Father's Petition for Contempt for which a Custody Trial is currently scheduled for 26 March 2014. The fees for the children's attorney shall be shared equally between Plaintiff and Defendant as permitted by Pa.R.C.P. 1915.11. BY THE COURT, Thomas A. Placey C.P.J. Distribution: J. Michael Barron Children's Advocacy Clinic John M. Kerr, Esq. Grace D'Alo, Esq. Judith Hamovitz 4 ED-OF I r. THE PROTHONO MARK GILBERT, ZOIti FEB 18 PM t 10 Plaintiff CUMBERLAND CoUN t( Ii PENNSYLVANIA '1111 , niZt #...rte?;j 40 Count?at Cumber1anb v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004-00354 CIVIL TERM JUDITH HAMOVITZ, Defendant IN CUSTODY IN RE: RESPONSE OF PLAINTIFF, MARK GILBERT, TO MOTION TO WITHDRAW FILED ON BEHALF OF GUARDIAN AD LITEM ORDER OF COURT AND NOW, this l day of February 2014, upon consideration of the Response of Plaintiff, Mark Gilber, to Motion to Withdraw Filed on Behalf of Guardian Ad Litem, the 11 February 2014 Order of Court is HELD in ABEYANCE pending the Pre-Trial Conference scheduled for 24 February 2014. Only the attorneys for Plaintiff and Defendant should be present at the Pre-Trial Conference. The attorneys should be prepared to narrow the issues to be addressed at the 26 March 2014 trial. In particular, the parties should indicate whether the trial is • purely a Contempt Trial or a Custody Trial and whether Grace D'Alo, Esq., should be appointed as attorney for the children. If the trial will focus solely on the alleged contempt, it is unlikely an attorney for the children will be necessary. However, if the alleged contempt concerning decisions regarding the religion of the children will extend into a determination of what is the proper manner to handle the religious education of the children, it is likely the appointment of Grace D'Alo, Esq., as attorney for the children will be reinstated. BY THE COURT, Thoma A. lacey C.P.J. Dom' tribution: ./'Children's Advocacy Clinic .. -John M. Kerr, Esq. ace D'Alo, Esq. ,/Judith Hamovitz el iQV (Y11 lca, aLleAY • MARK GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v 2004-0354 CIVIL TERM JUDITH HAMOVITZ, CIVIL ACTION - LAW Defendant IN CUSTODY m Z rn r ri ; - IN RE: PRETRIAL CONFERENCE XD CD ,, ORDER OF COURT ~ _ AND NOW, this 24th day of February, 2c "~ pretrial conference was held in the jury deliberation rpOm f - ; Courtroom Number 6 in the Cumberland County Courthouse . Present on behalf of Plaintiff was John Kerr, Esquire. Defendant appeared pro se . This is a Contempt of Court Petition based in custody between Father Mark Gilbert filed against Mother Judith Hamovitz concerning allegations of contempt arising out of the 28 December 2012 custody order. Mother is seeking not to be found in contempt based on prior understanding of the parties . Plaintiff has the burden of proof in this case and shall proceed first with his testimony and expected witnesses followed by Defendant and her expected witnesses . Dennis Graybill is expected to testify by telephone, and Kristy Myers is expected to testify in person on behalf of Plaintiff . Doctor Richard Blutstein may need to testify telephonically, and Ingerborg Hamovitz, Susan Hardesty, Shirley Michael, along with Bertha or Michael Yothers, are expected to testify on behalf of Mother. The children shall not testify in this matter absent additional Court Order, which will necessitate the guardian ad litem' s order currently held in abeyance released. The Children' s Advocacy Clinic is specifically relieved from its assignment as guardian ad litem. Further, the children are not to be at the courthouse at any time during this proceeding. The total time allotted to each party for examination and cross examination of all witnesses is 2 hours, 15 minutes . How they choose to use it is left to them but additional time will not be given absent extraordinary circumstance . The exhibits for each side have been identified in the memorandums and are still subject to objection at trial . The witnesses are limited to testimony arising from the order of December 28th, 2012 . Additional filings and/or supplemental memorandums shall be permitted. Father shall have until 7 March 2014 , and Mother shall have until 14 March 2014 , for any supplemental memorandum or pleading. There are no outstanding motions . Trial shall commence on the 26th of March, 2014 , at 10 : 30 a.m. This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice. By the Court, Thoma . Placey C. P.J. ✓ John Kerr, Esquire 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 For Plaintiff (12� udith Hamovitz, pro se P 1600 Summit Avenue Camp Hill, PA 17011 / &2/Iy ../5C--ace D'Alo, Esquire "iri 530 Greason Road Carlisle, PA 17015 ldren' s Advocacy Clinic Penn State University' s Dickinson School of Law 355 W. South Street Carlisle, PA 17013 :mae 0 of 5020 Rifler Road Suite 104 Mechanicsburg, m/m55 PHONE: 717.766.4008 FAx: 717.766.4066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVLVANIA M4RKG|LBERT' : CIVIL ACTION –LAW r-eicW Plaintiff /Petitioner �r : NO. 2004'00354 ' c) *o u —c� : IN CUSTODY JUDITH HAMOVITZ, Defendant/Respondent : JUDGE THOMAS A. PLACEY al) AMENDED PETITION FORCIVIL CONTEMPT FILED ON BEHALF OF PLAINTIFF, MARK GJLBERT, FOR ISOBEDIENCE BY DEFENDANT, JUDITH HAMOVITZ, OF THE COURT'S ORDER OF DECEMBER 28, 2012 AND NOW, comes Mark Gilbert, Plaintiff/Petitioner, pursuant to Rule 1915.12 of the Pennsylvania Rules of Civil Procedure, and pursuant to the Pre-Trial Order entered by the Court on February 24, 2014, by his counsel, John M. Kerr, Esquire, and files the within Amended Petition For Civil Contempt, the nature of which is as foliows: 1. On November 12, 2013, Mark Gilbert, Petitioner above-named (hereinafter, "Father"), filed his Petition For Civil Contempt against Defendant, Judith Hamovitz (hereinafter, "Mother"). 2. By Pretrial Order, dated February 24, 2014, the Court permitted Father to file an Amended Petition to inclu any contempt issues since the ffling of the original Petition on November 12,2O13. S. Since November 12, 2013, Defendant Judith Hamovitz has violated the Court's Order of December 28,. 2012 in the following particuiars: Violation of Counseling Provisions a) Mother has refused to take Jameson Gilbert (hereinafter, "Jameson") to counseling with Dennis Graybill at Guidance Associates in Camp Hill, Pennsylvania. b) Despite her agreeThent agreement at conciliation and her representation to the Court at the Pretrial Conference on February 24, 2014 that this issue was resolved, she refused to take Jameson to the scheduled session at Guidance Associates on February 11, 2014. ohn M. err Law Office °fir, ov20 Patter Road Suite 104 *manlesburg,m/m55 HONE: r/r.roo.wwv FAx: 717.766.4066 c) On February 24, 2014, notwithstanding the fact that the Pre-Hearing Conference on the Contempt Petition was scheduled for that very day, Mother purported to cancel Jameson's counseling session scheduled for that evening. The irony was that this particular counseling session was one scheduled by Father who was to take Jameson to the session. d) Due to Mother's erratic c�mpliance with her own agreement, the Receptionist at Guidance Associates was relegated to telephoning Father to obtain a copy of the agreement from conciiation relative to counseling. Violation of Legal Custody Provisions of December 28, 2012 Order a) Paragraph 1 of the December 28, 2013 Order states, inter alia"—[t]heparents shall have an equal right 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 (emphasis added) b) [t]he primary physical custodian parent shall act as the initial starting point for legal custodial issues, which shall be timely shared and discussed with the other parent for an informed decision to be iointly made (emphasis added) that is in the best interest of the child. b) Mother continues to pressure MoIUe Gilbert to participate in Bat Mitzvah activities at the synagogue. c) Molile has told her mother that she doe not wis to participate in such religiou activities. Violation of Partial Custodv Provisions of Order a) At her whim, Mother refuses to return the children when mandated to do so pursuant to the provisions of the Order. b) On November 26, 2013, Mother telephoned Father to teI him that she intended to keep the children for nine consecutive overnights for the Jewish holiday, Hanukkah. This is not provided for in the Order of December 28, 2012. Instead, other Jewish holidays are provided for. As it turned out, she kept the children for six overnights (November 28-December 4) without any authorization in the court order or permission from Father. c) Mother denied to Father custody of his son, Jameson Gilbert, for both the Wednesday evening visit before Thanksgiving Day and the time he was to have his son on Thanksgiving Day. WHEREFORE, Petitioner Father requests that Respondent, Judith Hamovitz, be held in contempt of Court and that appropriate sanctions be imposed, such as to guarantee future compliance with the Order. Dated: March 7, 2014 .1,;1 LawOffima ohn M. 5020 Ritter Road Suite 104 ==°nk"m"g.n^17055 «=,: roroo.*ocm Ax: 717.766.4066 Respectfully submitted, )1/114,, John M. Kerr, Esquire *rtmrneyiC\#2G414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Amended Petition For Civil Contempt Filed on Behalf of Plaintiff, Mark Gilbert, For Disobedience by Defendant, Judith Hamovitz, of the Court's Order of December 28, 2012," on the below-named individuals in the manner indicated: Fitst Class Mail, Postage Prepaid Judith Hamovitz 1600 Summit Avenue Camp Hill, PA 17011 Dated: March 7, 2014 Law Office of ohn M. 5020 flitter Road Suite 104 Mechanicsburg, PA 17055 "'HONE: 717.766.4008 FAX: 717.766.4066 wt ohn M. Kerr, Esquire John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 THE #' RO i i`II_ti' &w3 1h, 2O!ti APR 1 1 PH 2: 4 ! MARK GILBERT, Plainti €I''1BEllAND C OUN PENNSYLVANIA v. JUDITH HAMOVITZ, Defendant Conntp of Cumberinnb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004 -00354 CIVIL TERM IN CUSTODY IN RE: CONTEMPT OF COURT ORDER OF COURT AND NOW, this 11th day of April 2014, following a trial concerning Mother's alleged violations of the 28 December 2012 Parenting Plan, the court finds that Mother has willfully violated the Parenting Plan as established by this court. Specifically, Mother has failed in her continuing obligation to notify Father of special events involving the children's progress and welfare, specifically involving but not limited to, the Bat Mitzvah of their daughter. While the parents have an equal right to make the decisions affecting the children's health, education, and religion, some of which have been made prior to the dissolution of their relationship and this courts involvement, there is a continuing duty to inform, as soon as practical to the other parent, of the special events in the children's lives to include meeting with professionals on the propriety of and scheduling for any special event. Indeed this scheduling may require quid pro quo in the current but flexible Parenting Plan. This requires the parents to engage in a give and take or mutually agreeable modification to the Parenting Plan that will allow the children and possibly both parents attendance at the special event. Mother is fixated on the concept that the court is choosing a religion for a child, which is a decision this court is not and shall not reach. The duty of a parent in establishing religious convictions of a child can never be facilitated by a court. Simply put, the court was asked to determine whether Mother had complied with her continuing duty to keep Father informed of what was going on in their children lives. The court has specifically found she has not met this obligation. The defense that Mother told Father or that the parents agreed over a decade ago is not in comportment with her continuing obligation under the Parenting Plan. In making this willful finding of contempt, Mother is ORDERED and DIRECTED to pay counsel fees in the amount of $600.00 directly to Father's counsel and a minimum amount of not less than $50.00 per month. Further, Mother SHALL comply with the Parenting Plan of 28 December 2012 and any further relief granted thereunder, especially as it relates to keeping Father informed of any event occurring in their children's lives. The court reminds both parties that it has established a minimum threshold in the Parenting Plan, which among others things requires both parties maintain an active email account and that it be checked on a periodic basis of not less than every twenty -four (24) hours. This does not require either parent to have an Internet service provider but only a mechanism by which electronic communications can be recorded and thereafter shown to the court when disputes surmise as to who said what and when. 2 The parents are both directed to obtain a certificate of completion of the exercises for parents found at www.ProudToParent.org website. This certificate of completion is to be filed with the court no later than thirty (30) days from the date of this Order. Thereafter, if either parent or both believes that further in- person counseling would benefit them in the development of their co- parenting skills and the parties are unable to agree upon a counselor, the court would appoint a counselor in accordance with the guidelines set forth for appointing a counselor for either child. A minimum of degree of cooperation between parents is necessary for any parenting plan to actually work. This does not require amicable relationship, albeit preferred; a successfully joint custody arrangement only requires the parents be able to isolate their personal conflicts from their roles as parents. The children are to be spared from the resentments and rancor that the parents may continue to harbor, lo these many years after the determination of their relationship. To that end the court continues to urge them to move forward in the best interest of their children. No further relief is granted in the remainder of the petition at this time. Distribution: John M. Kerr, Esq. ✓Judith Hamovitz, pro se eelz i es f tl&cL tiof 3 Thomas A.`Placey, C.P.J. THE anti MARK GILBERT, Plaintiff 2 �4 f Plaintiff UMBERLAND COU +d i f ENJNSYLVA III v. JUDITH HAMOVITZ, Defendant Count? of Cumberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004 -00354 CIVIL TERM IN CUSTODY IN RE: PARENTING PLAN MODIFICATION ORDER OF COURT AND NOW, this 11th day of April 2014, the court sua sponte modifies the 28 December 2012 Parenting Plan in Part 2, "PHYSICAL CUSTODY ", paragraphs m through p, as follows: m. Each child shall place a phone call to the designated number of the non- custodial parent every day. The phone call may be made at any time of day that the child and non - custodial parent deem appropriate to successfully make a connection, but in no event no later than 9:00 p.m. This is the child's responsibility that goes along with the privilege of having a phone that provides access to both parents. n. In the alternative, when scheduling permits, this daily phone call may be replaced by in- person contact in school, at a home, or a public place by the child with the non - custodial parent. For the children's understanding, the non - custodial parent is that parent whose home they will be staying at that night. o. The purpose of this call or direct contact is to promote each child's involvement with the non - custodial parent on a daily basis and to promote the future contact and knowledge of the child's activities with the non- custodial parent. For example, the contact may be as simple as "don't forget I am going to Pat's after school tomorrow so please pick me up there." At no time is it to be a discussion between the parents over custody. p. If the call results in an answering machine /voicemail pick up, the child is encouraged to leave a message and to follow up the message with an age- appropriate additional electronic communication as mutually determined permissible by the parents. The court is not making a determination as to when the parents will believe texting or other electronic forms of communications are appropriate based on the child's maturity and level of acceptance of responsibility. The court, on its own, has made this modification as it is time in this young man's and young woman's lives that they step forward as responsible members of their families. It does not matter that either or both parents have excused the daily contact requirement of this parenting plan in the past. The court deems this daily contact to be of critical importance so that each child has daily involvement with both parents, not only the one with whom they, reside overnight. The parents love and wish to routinely share their time with their children; however, the court is not Solomon -like and requires the children's assistance in promoting the relationship each has with both parents. 2 No further relief is granted at this time. The remaining paragraphs of the Parenting Plan remain in full force and effect unless modified by future court order or by written agreement of the parties. BY THE COURT, Distribution: John M. Kerr, Esq. Judith Hamovitz, pro se —Grace E. D'AIo, Esq. 3 Thomas A.'Placey, C.P.J. Lawes of i( M.i( 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 PHONE 717.766.4008 FAX 717.766.4066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK GILBERT, : No. 2004-00354 Plaintiff vs. : CIVIL ACTION - LAW JUDITH HAMOVITZ, Defendant : CUSTODY PRAECIPE TO: David Buell, Prothonotary Pursuant to Order of Court entered by the Honorable Thomas A. Placey on April 11, 2014, attached hereto and marked as Exhibit "A" is the Certificate of Completion for Mark Steven Gilbert of Cumberland County, Pennsylvania for completion of the selection of Commitments from Proud to Parent on behalf of Jameson and Mollie. May 8, 2014 Respectfully submitted, JOHN RR LAW, PC Jo( M. Kerr, Esquire ID No.: 26414 5010 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 Attorney for Plaintiff Certificate of Completion This certifies that on 5/5/2014 Mark Steven Gilbert of Cumberland County, Pennsylvania, United States of America completed the selection of Commitments from www.ProudToParent.org on behalf of Jameson and Mollie Cumberland County Cause number CV0354-2004. UpToParents.org (for divorcing and divorced parents), ProudToParent.org (for never -married parents), and WhileWeHeal.org (for parents working through marital problems) are free resources from the Freedom 22 Foundation. Inquiries may be submitted to info@ProudToParent.org. The following code can be entered at www.ProudToParent.org/confirm.aspx to verify the authenticity of this Certificate: tu8nctfp CERTIFICATE OF SERVICE I, John M. Kerr, Esquire, hereby certify I served a true and correct copy of the foregoing Praecipe by US First Class Mail, postage prepaid, as follows: Ms. Judith Hamovitz 1600 Summit Avenue Camp Hill, PA 17011 May 8, 2014 Jo M. Kerr, Esquire PA D No.: 26414 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com Attorney for Plaintiff