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HomeMy WebLinkAbout08-32141 ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O8 . 3 .21 ?/ ` t v 1 n ?- 1 IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, ZACHARY A. GORSLINE, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and respectfully represents as follows: 1. Plaintiff, ZACHARY A. GORSLINE, is an adult individual, residing at 45 West Main Street, 2"d Floor, New Kingstown, Cumberland County, Pennsylvania. 2. Defendant, MICHELLE L. McMINN, is an adult individual, residing at 248 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff, ZACHARY A. GORSLINE, seeks custody of the following child: Name Residence _Age Carter A. Gorsline 248 Redwood Lane, Carlisle, PA 5 months 4. The child was born to ZACHARY A. GORSLINE and MICHELLE L. MCMINN. 5. The child has resided with Plaintiff and Defendant and Defendant's parents, Linda and Richard McMinn, since birth except for a period of three weeks when the parties lived together alone with the child. Plaintiff, ZACHARY A. GORSLINE, has resided alone since March 2, 2008. 6. The father of the child, ZACHARY A. GORSLINE, is currently residing at, 45 West Main Street, 2" d Floor, New Kingstown, Cumberland County, Pennsylvania. He is single. 8. The mother of the child, MICHELLE L. MCMINN, is currently residing at 248 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. She is single. 9. The relationship of Plaintiff, ZACHARY A. GORSLINE, to the child is that of father. The Plaintiff currently resides alone. 10. The relationship of Defendant, MICHELLE L. MCMINN, to the child is that of mother. The Defendant currently resides with the child and her parents. 11. Plaintiff, ZACHARY A. GORSLINE, has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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 child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is ready, willing and able to provide a stable home environment for the child. 13. Each party whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, ZACHARY A. GORSLINE, requests this Honorable Court to grant him, joint legal and primary physical custody of the subject minor. Respectfully submitted, I? • ?-? S'.2.1-09 DATED: ROBERT B. LIEBERMAN, ESQUIRE 500 North 3rd Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct based upon my personal knowledge, information and 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. DATED: S' Z ? ^ off' Z Y A. GORSLINE, Plaintiff W (Ai V v rv r:7 N N '?: ZACHARY A. GORSLINE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3214 CIVIL ACTION LAW MICHELLE L. MCMINN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 23, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ , acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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 OF TGIF ? d ?;r t DTARY 2033 MAY 29 PH 12: 0 Vv "M 1 t _5'?2% '©? saq.o,? l v( ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. CUSTODYNISITATION MICHELLE L. MCMINN, Defendant NO. 08-3214 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on May 22, 2008, a Complaint for Custody was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on May 23, 2008, I forwarded by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint for Custody to Defendant, MICHELLE L. MCMINN, 248 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 3. That the aforesaid copy of the Complaint for Custody sent to Defendant, MICHELLE L. MCMINN, was delivered on May 24, 2008, as evidenced by the return receipt card signed by Defendant and attached hereto. 4. That to the best of my information and belief, the signature on the return receipt card is, in fact, the signature of Defendant, MICHELLE L. MCMINN. Robert B. Lieberman, Esquire Attorney for Plaintiff SWORN to and subscribed before me thisday U.S. Postio of June, 2008. M, • p (Domestic CID Ln For delivery information visit our website at www.ul4ps.com , M 6w" Q- (:?t -:Z M 0 X tary Public C3 Postage $ ?l OASI (?? ?(?1 1 Certified Fee My Commission Expires: 0 Postmark C3 Return Receipt Fee O Here C3 (Endorsement Required) COMMONWEALTH OF PENNSYLVANIA Restricted Delivery Fee O (Endorsement Required) NOTARIAL SEAL Total Postage & Fees $ 5 ,?3 b?C (ARYL L. FERMSON, Notary Punk C" Harrisbn, Dauphin C -a sent My Expires April 6, 2012 ° .. ...?!? L ?[ ?.j .1-K? ?-- =W MeM? II? .j-------- O Street. Apt No.; lJ `T O 1 w' ?i M1 or PO Box No. Q 0 E) Ciry State, ZIP+4 0 A p' r s L E PA -7,o c5 A Daertpiste Kemis t 4 OW 3. Also complete Nam 4 if RestrieW Delivery Is desired. m Mt your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: m(ccieu, L. 'vlcm,& l .?4-g gv wo c D ? C Crest 5 L>- r OA- o( 5 A. Signature X ? Agent ? Addregaee B. Received by (Pdnted Ne ) C. Date of Delivery 1111 D. Is delivery address cin errt from item 1? ? Yes if YEs, enter delivery address below: ? No 3. SpvloslYpe CarWW Mall ? Express Mail 0 Reglatim 0 Retum Receipt for Meru wWhe O insured mail ? C.O.D. 1 2. Article Number (liwNdi r Uom service 7006 2760 0004 0033 5803 11, ?ebN PS Form 3811, February 2004 DwrAsbc Return Receipt 102595-02-M-1540 `- Co CJ Cri ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. CUSTODYNISITATION MICHELLE L. MCMINN, Defendant NO. 08-3214 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on May 22, 2008, a Complaint for Custody was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on June 2, 2008, I forwarded by certified mail, return receipt requested, a true and correct copy of the Order of Court regarding the date and time of the custody conference to Defendant, MICHELLE L. MCMINN, 248 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 3. That the aforesaid copy of the Order of Court sent to Defendant, MICHELLE L. MCMINN, was delivered on June 3, 2008, as evidenced by the return receipt card signed by Defendant's agent and attached hereto. 4. That to the best of my information and belief, the signature on the return receipt card is, in fact, the signature of Defendant's agent, LINDA MCMINN. 4Robert B. Lieberman, Esquire Attorney for Plaintiff SWORN to and subscribed before me this I I day of June, 2008. Lary Public My Commission Expires: COANONKAU M ur eENNSKLVANN NOTARIAL %LL CHERYL L. FERGUMN, NohryChMc 1wVGM,,=dbUM:ire: April 6.!*2 a Uwe t? 2 and & r P" YOWi M kI Wld addmm on llM?Vofte MMat"rMr Mum thesand W yt'Sat. • Alftfi #6 ow d to the back of the Milos e. w an the *at K apaos pem b. 1. Adds AftNUd to: lNta. E ?. IVICMI r +tI?1 "t3Gu0o D ?r? 17016 2. ArMbMwow r mmmirl..,, "" , 7 in ? ? m 7O F Fl m C3 0 Postage $ Certified Fee C Retum Receipt Fee G (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) -0 ~ rU Total Postage & Fees O [Sen" o r? arPOB..Ne. J?Q by (PthMd IWnw) IAL U .?a Poeww c Maps C3 A C. b dMrrry ad 1t as dNtata btam Nem 14 Cj% K YES. ~ davery addr 1 @ m bobw. 1 U& Owww Mar 13 ff> wn ma D R191mid E3 PAkno Raoatpt1brMandta xme O kNUM Md 13 CO a 4. RaaUloOad tlNray! Oft Foo 13 vin 27410 0004 0033 5810 PS Fonn 3811. Fet nwy 2084 D aaaa#bltart llaealp 102e954244-i54oI ?f? ? ?, .? ,? ? ? `?' ?? ?: ?, ;? ..? - ? n. ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3214 CIVIL TERM MICHELLE L. MCMINN, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Michelle McMinn, in the above captioned case. Respectfully submitted, Jess' olst, squire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1,,'?3 jQA %6.. ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3214 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Michelle McMinn, hereby certify that I have personally served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date to: Robert B. Lieberman, Esquire 500 North 3Td Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 Date: 3 • V0 Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 r,.? : ? ? } ? - f- ; ?' ° JUN 2 52008 ? ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW MICHELLE L. MCMINN, Defendant : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ?Lday of TU,4. 4_' , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Zachary A. Gorsline and the Mother, Michelle L. McMinn, shall have shared legal custody of Carter A. Gorsline, born December 4, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of supervised visitation: A. Saturday, June 28, 2008 from 1:00 p.m. to 5:00 p.m. at Father's house with Mother supervising. B. Sunday, June 29, 2008 from 1:00 p.m. to 5:00 p.m. at maternal grandmother's house, with maternal grandmother supervising. C. Friday, July 4 and Sunday, July 6, 2008 from 1:00 p.m. to 5:00 p.m. at Father's house with Mother supervising. ct Ll- 0 N ? 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Wednesday, July 9, 2008 at 3:30 p.m. BY THE COURT, J. cc` jZobert B. Lieberman, Esquire, Counsel for Father ?Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother i X12 6108 aryl ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3214 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 Child who is the subject of this litigation is as follows: NAME Carter A. Gorsline DATE OF BIRTH CURRENTLY IN CUSTODY OF December 4, 2007 Mother 2. A Conciliation Conference was held in this matter on June 23, 2008, with the following in attendance: The Father, Zachary A. Gorsline, with his counsel, Robert B. Lieberman, Esquire, and the Mother, Michelle L. McMinn, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. 6 -ay_oY ki - il".1, Date ac eline M. Verney, Esquire Custody Conciliator 'JUL 101008 ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW MICHELLE L. MCMINN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of y ,,i *11 , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the 0? day of , 2008, at q,,3 0 o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Court Order dated June 27, 2008 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Zachary A. Gorsline and the Mother, Michelle L. McMinn, shall have shared legal custody of Carter A. Gorsline, born December 4, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with micr VIN VA W S Yi'i d 91 :9 WV 91 Inn OOOZ AW10NII H Odd 3Nt AO ? -0-cmlj regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. Father shall have the following periods of partial physical custody: A. Saturday, July 12 and 19, 2008 from 1:00 p.m. to 5:00 p.m. B. Wednesday July 16 and 23, 2008 from 4:30 p.m. to 8:30 p.m. C. Beginning Saturday July 26, 2008 and continuing for 3 more consecutive Saturdays (August 2, 9, 16, 2008) from 10:00 a.m. to 6:00 p.m. D. Saturday, August 23, 2008 and September 6, 2008 overnight from Saturday at 10:00 a.m. to Sunday at 5:00 p.m. E. Thereafter, beginning September 20, 2008 alternating weekends from Friday at 4:30 p.m. to Sunday at 5:00 p.m. F. Such other times as the parties agree. 6. Father shall obtain an appropriate crib for the child. 7. Father and Mother shall jointly attend parenting classes. Father shall be responsible for contacting either ParentWorks or ABC to enroll the parties. The parties shall share the cost of parenting classes. The purpose of the parenting classes is to teach both parents proper techniques to care for the child and for Father to decrease his frustration when the child is fussy. Mother must attend to observe Father's care of the child in order to become secure in Father's ability to properly care for the child. 8. Transportation shall be shared such that the receiving party shall transport. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. AA-sley Oler, Jr., J. cc?bert B. Lieberman, Esquire, counsel for Father Jessica Holst, Esquire, MidPenn Legal Services, counsel for Mother Cof CGS ma-kt?el.? ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3214 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter A. Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held July 9, 2008 with the following individuals in attendance: The Father, Zachary A. Gorsline, with his counsel, Robert B. Lieberman, Esquire, and the Mother, Michelle L. McMinn, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 27, 2008 providing for shared legal custody, Mother having primary physical custody and Father having four (4) four-hour supervised visits. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father asserts that Mother has stated that she will keep the child from Father. Father maintains that he is an appropriate caregiver. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having supervised visits. She asserts that Father does not have a crib for the child and that Father gets frustrated when the baby gets fussy. She suggests that Father undergo anger management counseling. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and providing for the parties to have shared legal custody, Mother having primary physical custody with Father having a phased-in period of partial physical custody. It is expected that the Hearing will require one day. I - la -o ? ??? - k . Date a line A Verney, Esquire Custody Conciliator ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELLE L. McMINN, Defendant NO. 08-3214 CIVIL TERM ORDER OF COURT AND NOW, this 16'h day of October, 2008, upon consideration of the attached letter from Robert B. Lieberman, Esq., attorney for Plaintiff, the hearing previously scheduled for October 27, 2008, is cancelled and the existing order of court dated June 11, 2008, shall remain in full force and effect. BY THE COURT, 1, Xobert B. Lieberman, Esq. 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 Attorney for Plaintiff ssica Hoist, Esq. MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Attorney for Defendant -IUD :rc h I :C Nd 91 130 8001 MbWNQJ ii .,id :HI , O :YWHO-031W ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. McMINN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3214 CIVIL TERM - LAW IN CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff, ZACHARY A. GORSLINE, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and respectfully represents as follows: 1. That Plaintiff, ZACHARY A. GORSLINE, is an adult individual, residing at 609 Gates Lane, Enola, Cumberland County, Pennsylvania. 2. That Defendant, MICHELLE L. McMINN, is an adult individual, residing at 248 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 3. That Plaintiff, ZACHARY A. GORSLINE, seeks to modify the existing Order of Court in connection with his son, Carter A. Gorsline. 4. That the child was born to ZACHARY A. GORSLINE and MICHELLE L. McMINN. 5. That a Complaint for Custody was previously filed by Plaintiff, ZACHARY A. GORSLINE, on May 22, 2008. 6. That an Order of Court was entered by the Honorable J. Wesley Oler, Jr. on July 11, 2008. A copy of the aforesaid Order of Court is attached hereto and marked "Exhibit A". 7. That Plaintiff, ZACHARY A. GORSLINE, has been visiting the child pursuant to the existing Order of Court and now seeks to increase his periods of partial custody. WHEREFORE, Plaintiff, ZACHARY A. GORSLINE, respectfully requests this Honorable Court, after hearing, to enter an Order granting him shared physical custody of the subject minor. Respectfully submitted, DATED: ROBERT B. LIEBERMAN, ESQUIRE 500 North 3`d Street, 120' Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint to Amend Order of Court are true and correct based upon my personal knowledge, information and 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. DATED: f ' q ZACHARY A. GORSLINE, Plaintiff t JUL 10 200f?, ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION ?? r D MICHELLE L. MCMINN, , Defendant : IN CUSTODY ORDER OF COURT BY --------------- - AND NOW, this f! day of , 2008, upon consideration of the attached Custody Conciliation eport, 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 - ?2008, at '? o'clock, k. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Court Order dated June 27, 2008 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Zachary A. Gorsline and the Mother, Michelle L. McMinn, shall have shared legal custody of Carter A. Gorsline, born December 4, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with EXHIBIT- A" i regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody: A. Saturday, July 12 and 19, 2008 from 1:00 p.m. to 5:00 p.m. B. Wednesday July 16 and 23, 2008 from 4:30 p.m. to 8:30 p.m. C. Beginning Saturday July 26, 2008 and continuing for 3 more consecutive Saturdays (August 2, 9, 16, 2008) from 10:00 a.m. to 6:00 p.m. D. Saturday, August 23, 2008 and September 6, 2008 overnight from Saturday at 10:00 a.m. to Sunday at 5:00 p.m. E. Thereafter, beginning September 20, 2008 alternating weekends from Friday at 4:30 p.m. to Sunday at 5:00 p.m. F. Such other times as the parties agree. 6. Father shall obtain an appropriate crib for the child. 7. Father and Mother shall jointly attend parenting classes. Father shall be responsible for contacting either ParentWorks or ABC to enroll the parties. The parties shall share the cost of parenting classes. The purpose of the parenting classes is to teach both parents proper techniques to care for the child and for Father to decrease his frustration when the child is fussy. Mother must attend to observe Father's care of the child in order to become secure in Father's ability to properly care for the child. 8. Transportation shall be shared such that the receiving party shall transport. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. esley Oler, J J. i?l 6L?A cc: Robert B. Lieberman, Esquire, counsel for Father Jessica Holst, Esquire, MidPerm Legal Services, counsel for Mother TR 4J 1: r . In Test r,. ;;?y hand and the s-aj Lf t Pa. This .... Jill ? . rothonotary ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3214 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter A. Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held July 9, 2008 with the following individuals in attendance: The Father, Zachary A. Gorsline, with his counsel, Robert B. Lieberman, Esquire, and the Mother, Michelle L. McMinn, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 27, 2008 providing for shared legal custody, Mother having primary physical custody and Father having four (4) four-hour supervised visits. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father asserts that Mother has stated that she will keep the child from Father. Father maintains that he is an appropriate caregiver. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having supervised visits. She asserts that Father does not have a crib for the child and that Father gets frustrated when the baby gets fussy. She suggests that Father undergo anger management counseling. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and providing for the parties to have shared legal custody, Mother having primary physical custody with Father having a phased-in period of partial physical custody. It is expected that the Hearing will require one day. ! O -0 Date a eline M. Verney, Esquire Custody Conciliator r ry o ' ? ? ` ew i QQ ?? 3 r? t ti T ZACHARY A. GORSLINE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. MCMINN DEFENDANT 2008-3214 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 17, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne 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 {fv I I : {7 pj 81 811 690Z ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL TERM - LAW MICHELLE L. McMINN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Robert B. Lieberman, Esquire, on behalf of Plaintiff, ZACHARY A. GORSLINE, mailed a certified copy of a Complaint to Modify Custody Order, filed in the Prothonotary's Office of Cumberland County on February 11, 2009, to Defendant's counsel, Jessica Hoist, Esquire, MidPenn Legal Services, 401 East Louther Street, Carlisle, Pennsylvania on February 12, 2009. Dated Z 01 Robert B. Lieberman, Esquire 500 North Third Street, 12'h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 Attorney for Plaintiff ?? ? _? G? _ y-t t "!°i ??'? ?± PV ?, 1l "> °t` pi ;7 ..'r i . a . MAR 18 2008 6 ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION LAW MICHELLE L. MCMINN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2-0 tL day of m e_> e- ? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 11, 2008 is hereby vacated. 2. A Hearing is scheduled in Court Room No. / , of the (Cumberland County Court House, on the 4,d,- day of 2009, at 30 o'clock, 4. M., at which time testimony wi be taken. For purposes of this Hearing, the Father shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. The Father, Zachary A. Gorsline and the Mother, Michelle L. McMinn, shall have shared legal custody of Carter A. Gorsline, bom December 4, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be regjuired to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both palrents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each 1 tt? r r: . _? ?! [ Fy y. t ? ` •. t ?? "? ?? .+ ? L^? ? ? rl ? ? y ?3 [? ....T ? ? y,.'7 S? r parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 4:30 p.m. to Monday at 12:30 p.m. B. Such other times as the parties agree. 7. Father and Mother shall jointly attend parenting classes. Father shall be responsible for contacting either ParentWorks or ABC to enroll the parties. The parties shall share the cost of parenting classes. The purpose of the parenting classes is to teach both parents co-parenting techniques and communication. 8. Transportation shall be shared such that the receiving party shall transport. The person transporting shall be a licensed driver, but need not be the parent. 9. Holidays: A. Easter shall be shared with Mother always having physical custody of the child from 9:00 a.m. to 3:00 p.m. Father shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. Father shall always have physical custody of the child from Thursday at 3:00 p.m. to Monday at 12:30 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon of Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 noon on December 26. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. D. Memorial Day, July 4t' and Labor Day shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. Father shall have Memorial Day in 2009 and the parties shall alternate these holidays thereafter. E. The Child's Birthday: Each party shall be entitled to four hours of physical custody of the child on his birthday. 10. Each party shall be entitled to one week of physical custody of the child in the summer, provided they give the other party 30 days notice and a telephone number and location where the child will be. 11. Neither party may drink to the point of intoxication or use illegal drugs immediately before or during their period of physical custody, and to the extent possible prevent third parties from the same activity while in the child's presence. 12. Neither parry shall do or say anything nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection from the other party. 13. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cq,egbert B. Lieberman, Esquire, counsel for Father chael Whare, Esquire, counsel for Mother BY THE COURT, ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW MICHELLE L. MCMINN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter A. Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held March 17, 2009 with the following individuals in attendance: The Father, Zachary A. Gorsline, with his counsel, Robert B. Lieberman, Esquire, and the Mother, Michelle L. McMinn, with her counsel, Michael Whare, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated July 11, 2008 providing for a hearing. However the parties reconciled and the hearing was cancelled. The parties have again separated and have reverted to the substantive portion of the Order of July 11, 2008 which provided for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Sunday. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father maintains that he is an appropriate caregiver. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends. Mother asserts that Father has an anger management problem and recently assaulted her. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and providing for the parties to have shared legal custody, Mother having primary physical custody with Father having alternating weekends, Friday to Monday. It is expected that the Hearing will require one-half day. 3-r)-?q Date Laa? A`" ac line M. Verney, Esquire Custody Conciliator ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELLE L. McMINN, Defendant NO. 08-3214 CIVIL TERM ORDER OF COURT AND NOW, this 3`d day of June, 2009, upon consideration of the attached letter from Michael J. Whare, Esq., attorney for Defendant, the hearing previously scheduled for June 4, 2009, is cancelled, and the order of March 20, 2009, shall remain in full force and effect. Robert B. Lieberman, Esq. 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 Attorney for Plaintiff ?Michael J. Whare, Esq. 37 E. Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc I BY THE COURT, C0 "ZI WJ 5- NW WNC?11 , 30h ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW MICHELLE L. McMINN, Defendant : NO. 08-3214 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, ZACHARY A. GORSLINE, at the above captioned docket. Aespectfully sub tt by, bert Lieberman, Esq. 500 North 3rd Street Harrisburg, PA 17101 Dated: ,S--2,L-- A PLEASE enter my appearance as attorney of record on behalf of the Petitioner, ZACHARY A. GORSLINE, at the above captioned docket. Respectfully submitted by, ,? Alice Richards r,. a Certified Legal Intern :, _ ^. ROB IN _ THOMA M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Dated: l1..{ Fax: 717-243-3639 (? ? ? m ZACHARY GORSLINE, Plaintiff V. MICHELLE McMINN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Defendant : NO. 08-3214 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ZACHARY GORSLINE, Plaintiff v. MICHELLE McMINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW; IN CUSTODY -r, NO. 08-3214 CIVIL TERM c= w PETITION TO MODIFY CUSTODY ORDER c:) cr. 1. The petition of Zachary A. Gorsline (Father), by his attorneys, the Family Law Clinic, ::;I -n 5M respectfully represents that on 20'' day of March 2009, an Order of Court was entered for custody of Carter Gorsline (Child) born December 4, 2007, a copy of which is attached. Under the existing Order, Mother has primary physical custody of the child. Father has partial custody of the child. Father is to have physical custody of the child on alternate weekends from Friday at 4:30 p.m. until Monday at 12:30 p.m., and holidays and summertime to be shared by the parties as they mutually agree. 2. 'This Order should be modified because: a. At the time of the prior order, Child was less than two years of age and Mother was concerned that Father lacked adequate accommodations for Child. b. Father has since acquired appropriate accommodations and has maintained stable housing. c. Father wishes to spend more time with Child and to assume a larger role in the child's daily life. d. Father believes and therefore avers that it would be in the Child's best interests to have an expanded relationship with Father. e. Father has attempted to work amicably with Mother and has been agreeable at times to change his custody days in order to accommodate Mother, despite her unwillingness to work with him. f. Mother has repeatedly failed to abide by the Custody Order by refusing to share with Father any information regarding the Child's health including medical emergencies or scheduled appointments. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father shared physical custody of the Child on an alternating week schedule because such an arrangement will be in the best interest of the Child. Date: 1-7 NO 4!"" y`' _q?i C V \ t_?cA4_ Alice Richards Certified Legal Intern TITONbtt CE ROBERT . RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r MAR 18 2009 ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW MIC BELLE L. MCMINN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2.0 ?L day of ?(?? Z> e- ? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follc,;vs: The prior Order of Court dated July 11, 2008 is hereby vacated. 2. A Hearing is scheduled in Court Room No. / , of the Cumberland Courr:y Court House, on the 4b_ day of , 2009, at? 30 o'clock, _6 . M., at which time testimony wi be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testirn ony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be exl,ected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. The Father, Zachary A. Gorsline and the Mother, Michelle L. McMinn, shall ;have shared legal custody of Carter A. Gorsline, born December 4, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and pnformation pertai»ing to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be regiuired to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evEduations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports ;given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations., back-to-school nights, and the like. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 4:30 p.m. to Monday at 12:30 p.m. B. Such other times as the parties agree. 7. Father and Mother shall jointly attend parenting classes. Father shall be responsible for contacting either ParentWorks or ABC to enroll the parties. The parties shall share the cost of parenting classes. The purpose of the parenting clashes is to teach both parents co-parenting techniques and communication. 8. Transportation shall be shared such that the receiving party shall transport. The person transporting shall be a licensed driver, but need not be the parent. 9. Holidays: A. Easter shall be shared with Mother always having physical custody of the child from 9:00 am. to 3:00 p.m. Father shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. Father shall always have physical custody of the child from Thursday at 3:00 p.m. to Monday at 12:30 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon of Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to 12:00 Won on December 26. Father shall have Block A in odd numbeted years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. D. Memorial Day, July 4 h and Labor Day shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. Father shall have Memorial Day in 2009 and the parties shall alternate these holidays thereafter. E. The Child's Birthday: Each party shall be entitled to four hours of physical custody of the child on his birthday. 10. Each party shall be entitled to one week of physical custody -of the child in the summer, provided they give the other party 30 days notice and a telephone number and location where the child will be. 11. Neither party may drink to the point of intoxication or use illegal drugs immediately before or during their period of physical custody, and to the extent possible prevent third parties from the same activity while in the child's presence. 12. Neither party shall do or say anything nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection from the other party. 13. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cq;Xq`bert B. Lieberman, Esquire, counsel for Father chael Whare, Esquire, counsel for Mother BY THE COURT, VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. ??/, /1 1 Date: I O _ Cp ARY GORSLINE ZACHARY GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY MICHELLE McMINN, .,,.~ ° Defendant : N0.08-3214 CIVIL TERM ri -v rs, - ~ ~ ~ _ PRAECIPE TO PROCEED IN FORMA PAUPERIS C G ~ = ~~ ~ TO THE PROTHONOTARY: ~ o a . Kindly allow ZACHARY GORSLINE, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date ~1 ~ 10 ~1CC~f~tl1CJ~/1_ Alice Richards Certified Legal Intern a ME N RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ZACHARY GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, ~ `~ ~. :CIVIL ACTION -LAW to IN CUSTODY _ ~~ ~... MICHELLE McMINN, r ~ Defendant : N0.08-3214 CIVIL TERM ~~: s~• t J ~ `'~ ~,o CERTIFICATE OF SERVICE ° a-. I, Alice Richazds, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Custody Order on Michelle McMinn residing at 248 Redwood Lane, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, postage prepaid, on September 1, 2010. r ~ 1r'1 Alice Richazds Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Cazlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ZACHARY GORSLINE PLAINTIFF V. MICHEELE MCMLNN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3214 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 08, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 05, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M, Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. C5 Cumberland County Bar Association 4.1 D 1 Z? CU;?-: CCU WNQL;?\Q? 32 South Bedford Street n,. Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r., 1 d l o ?o CA- ? r r.r U n ??"S -TI ;' -Ti N OCT 14 2010 ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-3214 CIVIL ACTION - LAV~' '~ a ., ,, i-T-, . c.;~ r-a ~ IN CUSTODY =~~,r~°-' ~ . - ~~ co ~-~'~ --~ ORDER OF COURT ~ ~ ~,. ~ ti , .. ~ ~ < .~ ~ - AND NOW, this ~l day of b L.'r , 2010, 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 thetg~ day of at 6 o'clock, ~. M., at which time testimony will be takerf~ For pur~tfs~ds of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The prior Order of Court dated March 20, 2009 shall remain in full force and effect with the following modif cations. 3. The child shall have no contact with Tony Robinson. 4. In the event that either party is in need of a babysitter for more than three hours, they shall contact the other party and offer said time to the non-custodial parent. Said notice shall be made in sufficient time so the other party may accept the offer to care for the child. c3 -~ -.~ ~~ i F~ t"' ~rn ~° --+c~ ~k.~ ~~ ~ c=, c~ -~ 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Ace Richards, certified legal intern, counsel for Father ~Ivlegan Riesmeyer, Esquire, Family Law Clinic P. Richard Wagner, Esquire, counsel for Mother ~6 ~S' mb. t t£cl.., (0~14~lZ~ BY THE COURT, ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant IN THE COURT pF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-3214 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter A. Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held October 12, 2010 with the following individuals in attendance: The Father, Zachazy A. Gorsline, with his counsel, Alice Richards, certified legal intern and Megan Riesmeyer, Esquire, Family Law Clinic and the Mother, Michelle L. McMinn, with her counsel, P. Richard Wagner, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated Mazch 20, 2009 providing for a hearing. However the parties reconciled and the hearing was cancelled. The parties have again sepazated and have reverted to the substantive portion of the Order of Mazch 20, 2009 which provided for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday. 4. Father's position on custody is as follows: Father seeks shazed legal and shazed physical custody on a week on/week off basis. Father maintains that he is an appropriate cazegiver and wishes to have more time with his son. Father denies Mother's allegations of violence and not exercising his current periods of physical custody. Father does admit that a PFA is in effect, but only for one yeaz and the child is not a party under the PFA Order. Father assets that he attended pazenting classes as required by the Court Order of March 20, 2009, but Mother although aware of the pazenting classes, did not attend. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having less time that the current Order. Mother asserts that Father has an anger management problem and recently assaulted her resulting in a PFA Order being entered. Mother further asserts that Father keeps a loaded handgun within the reach of the child and that Father does not spend time with the child when it is his period of physical custody; that he goes to parties instead. Mother claims Father did not give her notice of the parenting classes. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo with two modifications pending a hearing. It is expected that the Hearing will require one-half day. lo-l~.~la ~ V~ Date acq line M. Verney, Esquire O Custody Conciliator Zachary Gorsline, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN CUSTODY Michelle McMinn, Defendant. NO. 08 - 3214 CIVIL TERM CERTIFICATE OF SERVICE r" -0r?, hereby certify that krvd% Law Clinic Famil al Intern Certified Le Ni h ls hl I A , y , g , ey c o , s -0 a true and correct copy of the Pre-Hearing Memorandum of Plaintiff, Zachary Gorsline,vRn 3 Richard Wagner, at 2233 North Front Street, Harrisburg, Pennsylvania 17110, by deposa copy of the same in the United States mail on February 4, 2011. d? Ashley Nichols Certified Legal Intern Anne Mac onald-Fox 1 Supervisin Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 . .1 FILED-OFFICE 0 TIDE P R 0 T H 0 N 0 €A? R , "Oil FFB - 7 PM 2: 45 P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Defendant ZACHARY A. GORSLINE, Plaintiff v. MICHELLE L. McMINN, Defendant CUMBERLAND COUNT V PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-3214 CIVIL ACTION - LAW IN CUSTODY PRE-TRIAL STATEMENT ON BEHALF OF DEFENDANT I. FACTS: The Plaintiff and Defendant are the natural parents of one child, Carter A. Gorsline, born December 4, 2007. The parties had been operating under a schedule pursuant to an Order dated March 20, 2009, wherein the parties had shared legal custody and Mother had primary physical custody. The Father filed a Petition For Modification of the Order seeking additional time. Father seeks shared legal and shared physical custody, while Mother maintains that because of the Father's allegations of violence and a recent PFA, the schedule of Father should be every other weekend. 7 II. WITNESSES: Mother intends to testify as a witness concerning the relationship between her and the child, and that of the Father and the child. The maternal grandmother intends to testify as to the relationship between the Mother and the child, and the difficulties that the families had with the Father. III. DOCUMENTARY EVIDENCE: Mother intends to introduce the Protection From Abuse Order that was in effect against the Father and the allegations contained therein. IV. PROPOSED RESOLUTION: Mother should be have legal custody of the child and primary physical custody with Father having custody every other weekend. Respectfully Submitted, Wagner & Spreha .J?d Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Date: 7 Attorneys For Mother -2- 1 ' ZACHARY A. GORSLINE, Plaintiff v MICHELLE L. McMINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3214 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 9th day of February, 2011, upon consideration of the Petition for Modification filed by Plaintiff in the above-captioned case with respect to custody of the parties' child, Carter Gorsline (date of birth, December 4, 2007), and pursuant to an agreement reached in chambers of the undersigned judge, in which the Plaintiff, Zachary A. Gorsline, was represented by Ashley Nichols, Certified Legal Intern, supervised by Anne Macdonald-Fox, supervising attorney of the Family Law Clinic, and Defendant, Michelle L. McMinn, was represented by P. Richard Wagner, Esquire, it is ordered and directed as follows: 1. The parties shall share legal custody of Carter Gorsline, born December 4th, 2007; 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody in father as follows: A. Every Tuesday from after father's work until Wednesday morning, whereupon father shall drop off the child at mother's home. B. Every Thursday evening after father's work until 8:00 p.m. C. Every other weekend commencing Friday after work until Monday morning. D. All pickup and delivery shall be provided by father. E. All other provisions of the order of March 20, 2009, not inconsistent herein shall remain in full force and effect. 3. Either party reserves the right after 60 days from this date to contact the conciliator to reconvene a conciliation to address this particular schedule. By the Court, i 1 ` "? c'--f7 l J/'/Wesley 01%Lr,, Y Ashley Nichols, Certified Legal Intern Anne MacDonald-Fox, Esquire Family Law Clinic '? 45 North Pitt Street Carlisle, PA 17013 00 es 14? For Plaintiff Ot/al!(/?, P. Richard Wagner, Esquire D( 2233 N. Front Street Harrisburg, PA 17110 For Defendant e? :.) 4?7 '? t t CD FYI :mae ZACHARY GORSLINE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3214 CIVIL ACTION LAW =M rn 71 r --a M r MICHELLE MCMINN cr) _"< i co j= to ' IN CUSTODY DEFENDAN T M ORDER OF COURT AND NOW, Wednesday, June 08, 2011 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 12, 2011 at 2:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne 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 lad. c /?d vo ?/f? t/,?Zfv >1 were", /7 7y 641/Y 06 'ILEW - OFFICE Z P; THE 'P C, T, BAYLEY & MANGAN Mark F. Bayley, Esquire f JUN 15 PPS 2: Attorney I.D. #: 87663 17 West South Street ' h Carlisle, PA 17013 P E N NS Y t ? 41 j (717) 241-2446 ZACHARY A. GORSLINE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW IN CUSTODY MICHELLE L. MCMINN Defendant NO. 08-3214 CIVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Michelle L. McMinn, in the above-captioned matter. Date: (?'7- ( "-) ( ?_ ()k__1L' Mark F. Bayley, Esquir Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 ZACHARY A. GORSLINE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW IN CUSTODY MICHELLE L. MCMINN : Defendant NO. 08-3214 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael Mull, Esquire 45 North Pitt Street Carlisle, PA 17013 1 / Dated: n v ` ? l Mark F. Bayley, E ire ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2008-3214 CIVIL ACTION NO - LAW?? '--, . z rri?i ;t: IN CUSTODY ri ORDER OF COURT ` AND NOW, this day of S. , 2011, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: a n,? 1. The prior Orders of Court dated March 20, 2009 and February 9, 2011 are hereby vacated 2. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 2Y?& day of G?i^ov , 2011, at o'clock, 44• M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 3. The Father, Zachary A. Gorsline and the Mother, Michelle L. McMinn, shall have shared legal custody of Carter Gorsline, born December 4, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. rat 'Urn :.p 4. Mother shall have primary physical custody of the child. 5. Father shall have periods of partial physical custody as follows: A. Beginning August 20, 2011, alternating weekends from Saturday at 6:15 p.m. to Wednesday at 6:15 a.m. B. On the off week, Tuesday from 6:15 p.m. to Wednesday at 6:15 a.m. C. Every Thursday from 6:15 p.m. to 8:00 p.m. D. Such other times as the parties agree. 6. HolidaysNacation: these provisions shall supersede the regular custody schedule. A. Easter shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Thanksgiving shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from Thursday at 3:00 p.m. until Monday at 12:30 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. D. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. Mother shall have physical custody of the child for Mother's Day from 9:00 a.m. to 9:00 p.m. E. Memorial Day, July 4th and Labor Day shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. Father shall have Labor Day in 2011 and the parties shall alternate these holidays thereafter. F. The Child's Birthday shall be split with each party being entitled to a minimum of four hours of physical custody. 7. Father shall cooperate with the child's counselor. 8. Transportation shall be shared such that the parties shall exchange custody at the Hess Gas Station located at 7034 Carlisle Pike, Carlisle, PA. Only the parents may exit their vehicles to accomplish the custody exchange. 9. All communication between the parents shall be via text messages, except in medical emergencies in which case telephone calls may be utilized. 10. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their periods of physical custody and if all possible keep third parties from similar activity in the children's presence. 11. Neither party shall do or permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 12. The child shall have no contact with Tony Robinson. 13. 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. V cc: Michael Mull, certified legal intern, Counsel for Father Robert Rains, Esquire, Family Law Clinic Mark Bayley, Esquire, Counsel for Mother d 44 !a r c7 IPTTT' fnllT TT) 'P ?1 ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3214 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held August 9, 2011 with the following individuals in attendance: The Father, Zachary A. Gorsline, with his counsel, Michael Mull, certified legal intern, and Robert Rains, Esquire, Family Law Clinic, and the Mother, Michelle L. McMinn, with her counsel, Mark F. Bayley, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated March 20, 2009 and February 9, 2011 providing for shared legal custody, Mother having primary physical custody and Father having partial physical custody on alternating weekends, Friday to Sunday, every Tuesday overnight and every Thursday evening until 8:00 p.m. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody on a week on/week off basis and a babysitting clause. Father asserts that the child's maternal grandmother babysits the child when Father is available. Father also maintains that Mother has a DUI charge pending. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends, Saturday to Wednesday, every Tuesday overnight and every Thursday evening. Mother assets that the child is fearful of the Father. Father recently had an altercation with his brother where Father cut his head in the child's presence. The child expresses a reluctance to go with his Father. Mother also indicates that the child is in counseling regarding his fear of his Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, vacating the prior Orders of Court and recommending a new Order of Court with Father having an additional overnight on alternating weekends. It is expected that the Hearing will require one-half day. Date ac line M. Verney, Esquire Custody Conciliator E . I ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. McMINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 08-3214 CIVIL TERM IN RE: PLAINTIFF'S PETITION TO MODIFY CUSTODY BEFORE, OLER, J. ORDER OF COURT AND NOW, this 20`x' day of October, 2011, upon consideration of Plaintiff's Petition To Modify Custody Order with respect to the parties' child, Carter Gorsline (d.o.b. December 4, 2007),. and following a hearing held on October 19, 2011, it is ordered and directed as follows: 1. The terms of the order of court dated August 11, 2011, shall remain in full force and effect, subject to any supplemental or conflicting terms contained in any protection from abuse order now or hereafter in effect; and 2. Nothing herein is intended to preclude the parties from deviating from the terms of the order by mutual consent. BY THE COURT, J. V'• esley Oler ., J. ` ?.? z _ .r i f /-'&4ichael C. Mull Certified Legal Intern Martin J. D'Urso, Esq. Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, Pa 17013 Attorney for Plaintiff /Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc n /U ;L ter.. 71 ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. MCMINN, Defendant CIVIL ACTION - LAW 2008-3214 CIVIL TERM IN RE: PLAINTIFF'S PETITION TO MODIFY CUSTODY ORDER ORDER OF COURT AND NOW, this 19th day of October, 2011, upon consideration of the Plaintiff's Petition To Modify Custody Order, and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Michael C. Mull, Certified Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff Mark F. Bayley, Esquire 17 South South Street Carlisle PA 17013 For the Defendant pcb ? ?d 00pie.5 M 1o asllr DrA U s ? By the Court, ZACHARY A. GORSLINE IN THE COURT OF COMMON PLEAS OF PENNSYLVANIR CUMBERLAND COUNTY PLAINTIFF , -vim MW 7 , V. 2008-3214 CIVIL ACTION LAW w ;Va , r- L MICHELLE L. MCMINN IN CUSTODY DEFENDANT - ORDER OF COURT AND NOW, Thursday, March 22, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Office, 1901 State St., Camp Hill, PA 17011 on _ Friday, April 27, 2012 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Melissa P. Greew, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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 Ce?. cvp? n'b' ? lam Copy ?nc?Y?d?or- coPy ,y a,ied ?' y312 3 /?Z Ak CUMBERLAND CJK1 PENNSYLVAN11 A ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2008-3214 CIVIL TERM v. MICHELLE L. MCMINN, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this f day of lam, 2012, upon consideration of the Custody Conciliation Summary Report, it is here y ordered and directed as follows: 1. The parties shall sign authorizations for Franklin Family Services to release their observations, reports and recommendations regarding the work that they do in behavioral health services for the parties' child, Carter. This authorization will be executed by the parties within seven business days of the date of this Order. 2. Counsel for the parties shall contact Mother's PFA counsel, Jessica Holst, Esquire, to arrange for the modification of the PFA to permit Father to stand on the pavement next to his car on the road in front of Mother's house to facilitate custodial exchanges on his Wednesday periods of custody. 3. As per the Conciliator's recommendation, the Father's schedule of custody shall be modified as follows pending the next Custody Conciliation Conference before Mrs. Verney on June 15, 2012. A. Commencing May 25, 2012, Father's alternating weekends will commence Fridays at 6:15 p.m. and continue until Tuesday mornings at 6:15 a.m. The exchanges will continue to occur at the police station. B. Commencing May 22, 2012, Father's overnight periods of custody from Tuesdays at 6:15 p.m. until Wednesdays at 6:15 a.m. will continue on alternating weeks. C. Commencing May 23, 2012, Father's Thursday custodial time will be moved to Wednesdays, and his custodial period on Wednesdays will be from 3:45 p.m. until 5:30 p.m. No. 2008-3214 4. At the next Custody Conciliation Conference it is anticipated that consideration will be given to changing the exchange times for Father's Tuesday overnight and weekend periods of custody to occur at 3:45 p.m., provided that the changes to the custodial exchange arrangement, which are beginning with Wednesdays only go smoothly between May 18, 2012 and the next Conciliation Conference. BY T J. W1U . Placey ?'o,nimon Pleas Judge Dist: Mark F. Bayley, Esquire, 17 West South Street, Carlisle, PA 17013 ? Christen Rafuse, Certified Legal Intern, Family Law Clinic, Dickinson School of Law, 45 North Pitt Street, Carlisle, PA 17013 CD p' es Ka. l>!d /??i a Ag-t ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Carter Gorsline December 4, 2007 Mother 2. A Custody Conciliation Conference was scheduled for May 18, 2012 in response to a Petition to Modify filed by Mother on March 19, 2012. Attending the Conference were: the Father, Zachary A. Gorsline, and his counsel, Certified Legal Intern, Christen Rafuse, who was supervised by Professor Robert Rains; the Mother, Michelle L. McMinn, and her counsel, Mark F. Bayley, Esquire. 3. Mother's Position on Custody. Mother's concern is that Father has moved into an overcrowded home and that the child continues to be exposed to adult activities in that home. She objects to the language that he uses, which she believes he is overhearing from the adults in the home and perhaps videogames to which he is exposed. Mother reports the child is acting out sexually and is behaving in ways that suggest that he has been exposed to sexual activities. Mother is not employed and relies on her parents for transportation. She objects to Father having more custodial time and objects to custodial exchanges at her home. 4. Father's Position on Custody. Father's position is that he would like to modify the schedule to comport with his new work schedule. He sees this as reasonable because the Order of October 20, 2011 was constructed around his availability and the commencement of custodial periods coincided with the time he got off work such that he could go directly from work to pick up the child. It should be noted that in addition to the transportation challenges presented by Mother's lack of access to transportation, there is a PFA in place which does not expire until September 28, 2014. Ultimately, Father would prefer an alternating weekly equally-shared custodial schedule, which would eliminate some of the custodial exchanges. Father also reports that there was a Children & Youth referral made about six weeks ago. He reports that it was investigated and that he has received a report that the inquiry was "unfounded". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3214 CIVIL TERM CIVIL ACTION - LAW NO. 2008-3214 CIVIL TERM 5. Some portions of the attached Order were per the parties' Agreement. As reflected in this Report and Order, some portions are the recommendation of the Conciliator. The Conciliator recommends that the Court facilitate counsel's access to the report of the Children & Youth investigation at Father's residence which occurred earlier this year. Date Melissa Peel Greevy, Esquire Custody Conciliator 497125 C ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3214 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of July, 2012, upon consideration of the Custody Conciliahion Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Orders of August 11, 2011, and June 4, 2012, are hereby and replaced with the following Order. 2. The Father, Zachary A. Gorsline, and the Mother, Michelle L. McMinn, shall h ve shared legal custody of the minor child, Carter Gorsline, born December 4, 2007. Each parents all have an equal right, to be exercised jointly with the other parent, to make all major non-emerge icy decisions affecting the child's general well-being including, but not limited to, all decisions regar ing his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5336, each parent s all be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Mother shall have primary physical custody of the child, subject to Father's right of liberal partial custody, which shall be arranged as follows: A. Commencing July 6, 2012, Father's alternating weekends will commence Fridays at 3:45 p.m. and continue until Tuesday mornings at 6:15 a.m. B. Commencing July 3, 2012, Father's overnight periods of custody from Tuesdays at 3:45 p.m. until Wednesdays at 6:15 a.m. will continue on alternating weeks. C. Commencing July '11, 2012, Father will have custodial time on Wedn from 3:45 p.m. until 5:30 p.m. NO. 2008-3214 CIVIL TERM 4. Vacation. Each party shall be entitled to seven consecutive overnights and eigot days of custody for purposes of summer vacation each year. The parties shall provide each other with 30 days written notice of their intended vacation plans and the location where they will be with the child. The parties will send each other emails confirming safe arrival at their destination and upon return home. 5. Holidays: The holiday schedule shall supercede the regular custody schedule as follows: A. Easter. Easter shall be shared with Mother having custody of the child from 9:00 a.m. to 3:00 p.m. on Easter Sunday and Father having physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Thanksgiving. Thanksgiving shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from Thursday at 3:00 p.m. until Monday at 12:30 p.m. C. Christmas. Christmas shall be divided into two segments. Segment A shall be from noon Christmas Eve until noon Christmas day. Segment B shall be from n con Christmas day until noon on December 26th. Father shall have Segment A in odd- numbered years and Segment B in even-numbered years. Mother shall have Segm?nt A in even-numbered years and Segment B in odd-numbered years. D. Father's Dav/Mother's Dav. Father shall have custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. Mother shall have physical custody of the 11 child for Mother's Day from 9:00 a.m. to 9:00 p.m. E. Memorial Day/July 4th/Labor Day. Memorial Day, July 4th and Labor j Day shall be alternated by the parties. The custodial period for these holidays shall Ike from 9:00 a.m. to 9:00 p.m. Father shall have July 4, 2012 and the parties shall alternate these holidays thereafter. 6. The child's birthday shall be split with each party being entitled to a minimum of four hours of custody on his birthday. 7. Father shall cooperate with the child's counselor and all services offered to him. If th services are not already being provided by Franklin Family Services, each parent is to cooperate wt and participate in therapies and parenting guidance directed at addressing Carter's needs for discipline, aggressive, and sexual acting out behaviors. 8. All communication between the parents shall be via text messages, except in a medical emergency in which telephone calls may be utilized. 9. During any period of custody or visitation the parties to this Order shall not posse s or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to t e point of intoxication. The parties shall likewise ensure, to the extent possible, that the oth r household members and/or house guests comply with this prohibition. NO. 2008-3214 CIVIL TERM 10. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 11. The child shall have no contact with Tony Robinson. 12. 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. 13. The parties shall be present with the child throughout their custodial periods, unless they are required to work. 14. Any movies or video games which Carter sees or plays shall be appropriately rated for his age, which is presently four. - --------------- BY THE CO T: , ,.. '95 ow a5 A . RAC-4 Dist: " Mark F. Bayley, Esquire, 17 West South Street, Carlisle, PA 17013 Ujala Aftab, Esquire, Family Law Clinic, Dickinson School of Law, 371 W. South Street, Carlisle, PA 17013 (OpPe s Ala ),ed 71ld1 A lye ?- -.?3 rv Na ? ; F-; - =M C= T =C) ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3214 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation ioi as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Carter Gorsline December 4, 2007 Mother 2. A follow up Custody Conciliation Conference was held on June 28, 2012. Attending he Conference were: the Father, Zachary A. Gorsline, and his counsel, Ujala Aftab, Esquire, who as supervised by Professor Megan Reismeyer; the Mother, Michelle L. McMinn, and her counsel, M irk F. Bayley, Esquire. Counsel requested that the prior Orders of August 11, 2011 and June 4, 2 12 be vacated so that there would be one Order controlling this matter. Thus, the attached Or er accomplishes that task and contains some recommendations for the Court, as well as some agreements of the parties. 3. Counsel and the Conciliator had a telephone conference with a therapist fr m Franklin Family Services, who has been working with Carter since April, 2012. Counsel at c requested clarification of vacation language to avoid future conflicts in this regard. 4. Mother's position on custodv Mother continues to have concerns about Father's living arrangements because she believes they are overcrowded and because of the presence of two adults who are living with Huntington's Chorea who also reside in the home with Father and is girlfriend. In total, there are six children and four adults in the home. Mother continues to be concerned about the child's behavior and that he continues to show inappropriate sexual acting m it and periods of aggression when he punches and kicks and throws chairs. Mother believes th at Father is continuing to expose him to violent video games and inappropriate adult movies not mea it for a four year old. She would like to see Father's custodial time reduced and wants assuranc s that Father will not be going out to socialize and party during his periods of custody. NO. 2008-3214 CIVIL TERM 5. Father's position on custody. Father reports that he is not allowing the child to the video games that the older children are now allowed to play. Father also points out that sorr the games were purchased with Mother's consent when she and Father were together as a COL Father also asks to have his custodial pick up times be changed from 6:15 p.m. to 3:45 1 because he gets off work at 3:30 p.m. and can go directly to pick up Carter from work rather 1 having to drive to Enola after work and go back to Mother's home in Carlisle for a 6:15 p.m. pick It is noted that Mother does not have access to a vehicle for her personal use, so Father is provil all transportation. 3 2. Date 1 )?? Melissa Peel Greevy, Esquire Custody Conciliator iay of Die. .m. up. ling 503062 c^? CC) N r-t CV ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA- C-) VS. NO. 2008-3214 CIVIL ACTION - LA 04 t1— r' -n i (mil i- < -'arri MICHELLE L. MCMINN Defendant IN CUSTODY ' PETITION TO MODIFY CUSTODY :4 C) AND NOW comes Michelle L. McMinn by and through her attorney, Mark F. B41e§ and in support of the within motion avers as follows: 1. The Honorable Thomas A. Placey was previously assigned to the within matter. 2. The Petitioner is Michelle L. McMinn, (hereinafter "Mother"), who is an adult individual residing 7 Pine Road, #605, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. The Respondent is Zachary A. Gorsline (hereinafter "Father"), who is an adult individual residing at 1014 College Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The parties are the natural parents of Carter Gosline,born December 4, 2007. 5. An Order was entered in this matter on July 10, 2012 (attached as 'Exhibit A"). 6. Mother seeks modification of the current Order for the following reasons: a. The child will start Kindergarten in the Fall of 2013 which will render the current custodial arrangement unworkable; b. Both parties have changed residences which calls for updated exchange terms; and C. Father has failed to comply with important terms of the current Order to the detriment of the child which brings into question his fitness to continue on with large custodial periods. WHEREFORE, Mother requests entry of the attached Order. Respectfully submitted, BAYLEY &MANGAN Date. Mark F. Bayley, Esqu' e 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID.# 87663 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Michelle L. McMinn �J� 1 7012 ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2008-3214 CIVIL TERM V. CIVIL ACTION— LAW MICHELLE L. MCMINN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of July, 2012, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's prior Orders of August 11, 2011, and June 4, 2012, are hereby vacated, and replaced with the following Order. 2. The Father, Zachary A. Gorsline, and the Mother, Michelle L. McMinn, shall have shared legal custody of the minor child, Carter Gorsline, born December 4, 2007. Each parent shall have an equal:right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5336, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Mother shall have primary physical custody of the child, subject to Father's rights of liberal partial custody, which shall be arranged as follows: A. Commencing July 6, 2012, Father's alternating weekends will commence Fridays at 3:45 p.m. and continue until Tuesday mornings at 6:15 a.m. B. Commencing July 3, 2012, Father's overnight periods of custody from Tuesdays at 3:45 p.m. until Wednesdays at 6:15 a.m. will continue on alternating weeks. C. Commencing July 11, 2012, Father will have custodial time on Wednesdays from 3:45 p.m. until 5:30 p.m. a EXHIBIT CD - A a J J Q NO. 2008-3214 CIVIL TERM 4. Vacation. Each party shall be entitled to seven consecutive overnights and eight days of custody for purposes of summer vacation each year. The parties shall provide each other with 30 days written notice of their intended vacation plans and the location where they will be with the child. The parties will send each other emails confirming safe arrival at their destination and upon return home. 5. Holidays. The holiday schedule shall supercede the regular custody schedule as follows: A. Easter. Easter shall be shared with Mother having custody of the child from 9:00 a.m. to 3:00 p.m. on Easter Sunday and Father having physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Thanksgiving. Thanksgiving shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from Thursday at 3:00 p.m. until Monday at 12:30 p.m. C. Christmas. Christmas shall be divided into two segments. Segment A shall be from noon Christmas Eve until noon Christmas day. Segment B shall be from noon Christmas day until noon on December 26th. Father shall have Segment A in odd- numbered years and Segment B in even-numbered years. Mother shall have Segment A in even-numbered years and Segment B in odd-numbered years. D. Father's Day/Mother's Day. Father shall have custody of the child on Father's Day.from 9:00 a.m. to 9:00 p.m. Mother shall have physical custody of the child for Mother's Day from 9:00 a.m. to 9:00 p.m. E. Memorial Day/July 4th/Labor Day. Memorial Day, July 4th and Labor Day shall be alternated by the parties. The custodial period for these holidays shall be from 9:00 a.m. to 9:00 p.m. Father shall have July 4, 2012 and the parties shall alternate these holidays thereafter. 6. The child's birthday shall be split with each party being entitled to a minimum of four hours of custody on his birthday. 7. Father shall cooperate with the child's counselor and all services offered to him. If the services are not already being provided by Franklin Family Services, each parent is to cooperate with and participate in therapies and parenting guidance directed at addressing Carter's needs for discipline, aggressive, and sexual acting out behaviors. 8. All communication between the parents shall be via text messages, except in a medical emergency in which telephone calls may be utilized. 9. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. r NO. 2008-3214 CIVIL TERM 10. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 11. The child shall have no contact with Tony Robinson. 12. 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. 13. The parties shall be present with the child throughout their custodial periods, unless they are required to work.. 14. Any movies or video games which Carter sees or plays shall be appropriately rated for his age, which is presently four. BY THE CO T: r i '9—kawrzs A • I�c.�oc�`-� Dist: Mark F. Bayley, Esquire, 17 West South Street, Carlisle, PA 17013 Ujala Aftab, Esquire, Family Law Clinic, Dickinson School of Law, 371 W. South Street, Carlisle, PA 17013 a#-n ,w tom' rn �r cn J \.J t TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said Court at arlisle, Pa. This_&, day of 20 _ Prothonotary ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-3214 CIVIL ACTION - LAW MICHELLE L. MCMINN Defendant IN CUSTODY CERTIFICATE OF SERVICE 1, Mark F. Bayley, Esquire,do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic 371 West South Street Carlisle, PA 17013 Z .U�--A Mark F. Bayley, Esquire ZACHARY A. GORSLINE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3214 CIVIL ACTION LAW m r cn --t I,-- o MICHELLE L.MCMINN r—� IN CUSTODY , DEFENDANT - ORDER OF COURT AND NOW, Wednesday,May 29,2013 , upon consideration of the attached Complaint, it is hereby directed that patties and their respective counsel appear before Jacqueline M.Verney,Es q., the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,July 09,2013 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ facqueKne M. Verney, 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 1.7013 Telephone (717)249-3166 vlor Ve,(o ej, �f 5����3 ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW MICHELLE L. MCMINN, Defendant : IN CUSTODY ORDER OF COURT AND NOW,this�day of �( / , 2013, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. E , of the Cumberland County Court House, on the Q5`* day of , 2013, at ( <O c o'clock, P . M., at which time testimony i11 be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The prior Order of Court dated July 10, 2012 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc:�IVlark F. Bayley, Esquire, counsel for Mother =rrl c =::0 I ichael Gleason, certified legal intern, counsel for Father Znr — Megan Riesmeyer, Esquire, Community Law Clinic ' C. �. 6 ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW MICHELLE L. MCMINN, Defendant : IN CUSTODY PRIOR JUDGE: Thomas A. Placey,J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter A. Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held July 16, 2013, 2009 with the following individuals in attendance: The Mother, Michelle L. McMinn, with her counsel, Mark F. Bayley, Esquire, and the Father, Zachary A. Gorsline, with his counsel, Michael Gleason, certified legal intern, and Megan Riesmeyer, Esquire, Community Law Clinic. 3. The Honorable Thomas A. Placey previously entered an Order of Court dated July 10, 2012 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends Friday to Tuesday, alternating Tuesday to Wednesday and every Wednesday evening. Mother has filed for modification as the child is starting school in the fall. A PFA is in effect under docket no. 2011-7349 against Father. The PFA defers to the custody Order of Court for custodial issues. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends, Friday to Sunday, during the school year and alternating weekends in the summer from Thursday to Sunday. Mother asserts that Father permits the child to watch inappropriate movies and television shows which scare the child. She further alleges that the child does not have proper hygiene while in Father's care. She maintains that Father has not exercised all of the time afforded him under the current Order of Court. 5. Father's position on custody is as follows: Father seeks shared legal custody and partial physical custody during the school year from Friday to Sunday and in the summer, week on/week off. Father denies the child watches inappropriate entertainment at his house. Father complains that Mother stopped counseling for the child without his consent. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one-half day. Date J M. Verney, Esquire Custody Conciliator ZACHARY A. GORSLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW --0:K w ` MW to MM M MICHELLE L. MCMINN, X70 ' Defendant NO. 08-3214 CIVIL TERM cn' N) Cj INTERIM ORDER OF COURT � - ; C' = AND NOW, this 25th day of September, 2013 , 1 c7w in! -;ta NO hearing on Mother' s petition to modify custody, the Court refrains from issuing a final order but offers the following interim direction: 1 . The Court will continue to recognize Mother as the primary custodian. 2 . The parties will continue to share legal custodial responsibilities . 3 . The Court is giving the parties an opportunity until the close of business on October 18, 2013 , to reach an agreement on the terms of Father' s physical custodial rights . If the parties are unable to reach an agreement, they shall submit separate proposals to the Court by the aforesaid date. 4 . Pending any agreement or further order, the existing order with respect to Father' s rights of custody shall remain in full force and effect, unless the parties agree to an interim modification. By the Court, Albert H. Masl d, J. Mark F. Bayley, Esquire For Defendant/Petitioner Michael Gleason, Certified Legal Intern Megan Riesmeyer, Esquire For Plaintiff/Respondent eo ,•� ,�.�tom, Prs 4 �z ca a ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA vs. c '• MICHELLE L. MCMINN •: = Defendant : 08-3214 CIVIL TERM . -- ORDER OF COURT— PARENTING PLAN cD AND NOW, this t' day of October, 2013, following a hbaring5 regarding the above-captioned parents' physical and legal custodial, responsibilities of their minor child, Carter Gorsline, DOB: December 4, 2007, it is hereby ORDERED AND DECREED, in the child's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: In order to impress upon Father the level of the court's concern with his decision-making abilities, we grant Mother sole legal custody of the child until January 31, 2014. Prior to that date, Mother shall inform Father of any major decisions regarding the child's health, medical treatment and educational progress (including all report cards) and may consult Father prior to making any such major decisions; however, Mother's willingness to consult is a function of her good will and wisdom and not a requirement of this order. Thereafter the parents shall share jointly their various legal custodial responsibilities for their child as set forth below: a. Major parental decisions concerning their child, including, but not limited to, their child's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). 08-3214 CIVIL TERM d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their child's enrollment or termination in a particular school or school program, advancing or holding their child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing minor child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 16 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their child from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the child's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their child and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their child and to the extent possible, shall not permit third parties from making such comments in the presence of their child while in their physical custody, whether they are sleeping, awake or in another room. -2- 08-3214 CIVIL TERM c. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their child to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to the child to be put in the role of a spy. f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach the child proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her child. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decrease pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the child's best interest for the parents and all adults to understand that the child is trying to cope with the custody litigation and related issues, and needs help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider the child's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. -3- • 08-3214 CIVIL TERM b. All physical custodial exchanges shall be handled •professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the child's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the child is not with a parent during the weekend, that parent may telephone one time with the child during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their child's birthday. -4- 08-3214 CIVIL TERM k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. I. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than [insert time] minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. Mother shall have primary physical custodial responsibility for their child. b. Because the parties were unable to reach an agreement as to Father's partial shared physical custodial responsibilities following the hearing, we set forth the following schedule during the school year: i) Alternating weekends from Friday at 4:00 p.m. until Monday when the child shall be taken to school. ii) One evening a week to be agreed upon by the parties after school until 7:00 p.m. iii) Such additional times as the parents can agree. c. School Holidays and Teacher In-Service Days: Long weekends due to school holidays including but not limited to Martin Luther King Day, President's Day and Columbus Day shall attach to Father's weekend, and will result in the weekend visitation period ending when the child shall be taken to school on Tuesday. In-service days occurring on Friday will attach to the weekend, and will result in the weekend visitation period beginning after school Thursday. In-service days occurring on Monday will attach to the prior weekend, and will result in the weekend visitation period ending when the child shall be taken to school on Tuesday. d. Summer: On or before May 1, 2014, Father shall provide Mother with documentation that he has arranged for appropriate child care (see paragraph 10) during the summer. If Father complies with this requirement, the parties shall enjoy alternate weeks of custody during the summer. The parties shall alternate these weeks by exchanging custody on Sundays at 7:00 p.m. Mother shall always have the first full week and the last full week of the child's summer vacation. -5- 08-3214 CIVIL TERM e. Holidays: The holiday schedule shall take priority over the regular custody schedule. i) Easter shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p .m. and Father having physical custody of the child from 3:00 p.m. to 9:00 p.m. ii) Thanksgiving shall be shared with Mother having physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father having physical custody of the child from Thursday at 3:00 p.m. until Monday at 12:30 p.m. iii) Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. iv) Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. v) Memorial Day, July 4th and Labor Day shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. vi) The Child's Birthday shall be split with each party being entitled to a minimum of four hours of physical custody. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the child have plans which conflict with a scheduled visit and wish to change visitation, the parents should make -6- 08-3214 CIVIL TERM arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the child. e. The child should be consulted as to his schedule when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. g. If a parent finds himself or herself unable to keep an appointed exchange time or other appointment for the child, they should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have them available at the time and pNace mutually agreed upon. 6. Transportation: a. Unless otherwise agreed to by the parties, the parent relinquishing custodial responsibility shall drive the children to the other parent's residence, walking him to that parent's front door. b. Both parents shall ensure that the child uses appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which the child wishes to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their child which might interfere with regular visitation. -7- 08-3214 CIVIL TERM e. During the times that the parents have physical custodial responsibilities of their child, each parent will make certain that the child attends their extracurricular activities and transport the child on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Child's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the child's property, not the parents', entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child-care providers. Each parent has the right of veto over child-care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their child may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their child spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the child. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. 11. Safety: a. The child shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their child from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's child. -8- 08-3214 CIVIL TERM c. When the child attains 5 years of age the parents shall enroll their child in a school-based or other program to educate and empower their child to protect themselves from sexual abuse and exploitation and victimization. d. Both parents shall carefully read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online"at www.darkness2lipht.com and provide a notarized statement to the other parent that they have read it, within 30 days of the date of this Order. 12. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their child when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their child for e-mail communication or Skype between the parents concerning parenting issues and communication with their child. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status and/or developmental milestones. 14. Relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements: -9- 08-3214 CIVIL TERM a. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. (2) the 10th day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter-affidavit as provided under subsection (d)(I) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non- relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non-relocating party shall be foreclosed from objecting to the relocation. c. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. d. If the non-relocating parent objects to the proposed move, he/she must do -10- 08-3214 CIVIL TERM so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 15. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co-parenting counseling, as needed, to co-parent their child in accordance with this order. c. The parents shall enroll their child in private individual counseling or psychotherapy, as needed, to maintain his optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the child. 16. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the child. c. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their child. d. Mediation: Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order -11- 08-3214 CIVIL TERM shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement (NDS at 233-8255). 17. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. Both parents are responsible for reading this entire order, and, in addition to providing the notarized statement required by paragraph 11(d), they shall attest that they have read the order as a whole and the provisions of paragraph 2 in particular. c. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: Albert H. Masland, J. Michael Gleeson, Certified Legal Intern Megan Riesmeyer, Esquire Attorney for Plaintiff hark F. Bayley, Esquire Attorney for Defendant :sal CO-p CCS Mat 1.5a.) 2//. -12- Zachary Gorsline, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kp v. CIVIL ACTION - LAW Michelle McMinn, Defendant Custody NO. 08 - 3214 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER CI - wk. 'G : r' ± \ Z73 0 '-r- 1 0 , CP ca -- 0. ZCD N ;" .-.4 N .-C 37 C, AND NOW, comes Zachary Gorsline, (Father) by his attorneys, the Community Law Clinic, and respectfully petitions this court to modify the Order of Court entered on the 23rd day of October, 2013 for custody of Carter Gorsline, (the child) born December 4, 2007, a true and correct copy of which is attached. 1. Michelle McMinn (Mother) is an adult individual residing at Apt. 605, 7 Pine Road, Mt. Holly Springs, PA 17065. 2. Father is an adult individual residing at 317 North Baltimore Avenue, Apt. #2, Mt. Holly Springs, PA 17065. 3. Under the existing Order, Mother has primary physical custody of the child. 4. During the school year, Father has partial custody of the child on alternating weekends from Friday at 4:00 p.m. until Monday when the child shall be taken to school, and one evening per week after school until 7:00 p.m. 5. During the summer, Father has partial custody of the child on alternating weeks. 6. Father is to share holidays with Mother, as specifically laid out in the Order. 7. This Order should be modified because: a. The alternating weeks of custody over the summer went very well for the child. b. The previous custody order was entered before Father moved to his current address, which is within one mile of the child's school. c. A change to the current custody schedule would not require a change to the child's school. d. Father ends his workday at a time that allows him to pick up the child from school on each of his custodial days. e. In the Summer of 2014, when Father's brother, the child's uncle, died, Mother refused to allow the child to attend the funeral. The child was very close to his uncle. f. Father has regularly sought more custody of the child since 2010 and believes that both parents spending equal amounts of time with the child would be in child's best interest. g. In accordance with the October 2013 Court Order, and recognizing that it is, in fact, in the child's best interest, Father has taken measures to ensure that the child is not exposed to inappropriate media. 5. Opposing Counsel, Mark Bayley, Esquire does not concur with the requested modification. 6. The Honorable Judge Masland has previously ruled in this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father alternating weeks of custody throughout the year because it will be in the best interest of the child. Date: /1/ s//1 son Certi ied Legal Intern MEGA RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 10400/1/ Zachary Gorsline CERTIFICATE OF SERVICE I, Taylor Johnson, Certified Legal Intern, the Community Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 3rd day of /J/o„emhet- , 2014: Mark Bayley, Esq. 17 West South Street Carlisle, PA 17013 or Jo Certifies son Legal Intern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Zachary Gorsline, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Q v. CIVIL ACTION — CUSTODY ) p_ 3. ...r- -v cA = rc-i ---- Michelle McMinn, ...r- fn o 7' • 7ri c;)Defendant NO. 08 - 3214 CIVIL TERM % CRIMINAL RECORD/ABUSE HISTORY VERIFICATIONxi c r r> - w -> I, Zachary Gorsline, 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 the 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 all that apply Crime Self Other Date of household conviction, member guilty plea, no contest 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 Sentence threats) 0 18 Pa. C.S. §2709.1 (related to stalking) 0 18 Pa.C.S. §2901 (related to kidnapping) 0 0 O 0 • 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. §2903 (relating to false imprisonment) O 18 Pa.C.s. §2910 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. §3121 (relating to rape) O 0 O 0 O 0 • 18 Pa.C.S. §1322.1 0 0 (relating to statutory sexual assault) • 18 Pa.C.S. §3123 0 0 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. §3124.1 (relating to sexual assault) 00 O 18 Pa.C.S. §3125 (relating to aggravated indecent assault) O 18 Pa.C.S. §3126 (relating to indecent assault) El 0 El 0 O 18 Pa.C.S. §3127 El 0 (relating to indecent exposure) LI 18 Pa. C.S. §3129 (relating to sexual intercourse with animal) • 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders O 18 Pa. C.S. §3301 (relating to arson and related offenses) O 18 Pa.C.S. §4302 (relating to incest) 00 CI 0 00 0 0 O 18 Pa.C.S. §4303 0 0 (relating to concealing death of child) O 18 Pa.C.S. §4304 (relating to endangering welfare of children) 00 • 18 Pa.C.S. §4305 0 0 (relating to dealing in infant children) • 18 Pa.C.S. §5902(b) El 0 (relating to prostitution and related offenses) • 18 Pa.C.S. §5903(c) or 0 0 (d) (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 0 0 (relating to corruption of minors) • 18 Pa.C.S. §6312 0 0 (relating to sexual abuse of children) O 18 Pa.C.S. §6318 El fl (relating to unlawful contact with minor) O 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Egf Driving under the influence of drugs or alcohol 00 ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other Date all 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 Ed CI -1,12/0 ❑ Involvement with a Children & Youth ❑ ❑ Agency or similar agency in Pennsylvania or another jurisdiction If yes, Where: ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: fifer I✓ U T C2oo 7 l 10 L c,11 Cov rf re ccom ended oLru aJok L -freefrne. 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. Li I ve Joao 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: 4celle MC/41 (ofker rc-6`1 ff 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. / o//moi' Date 6os1:11& Printed Name Zachary Gorsline, Plaintiff v. Michelle McMinn Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW -am . IN CUSTODYxrn am r- 72 f"ri : NO. 08-3214 CIVIL TE cw c > c-) = r PRAECIPE TO PROCEED IN FORMA PAUPERIS > z T. ` --4 PO C,,) - Kindly allow Zachary Gorsline , Plaintiff, to proceed in forma pauperis. The Community Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date / 3 /O G/ Respectfully submitted, T. or J. son Certif - d Legal Intern MEGAN RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ZACHARY GORSLINE . IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. MICHELLE MCMINN DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2008-3214 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT CD AND NOW, Monday, November 10, 2014 , upon consideration of the attached C hereby directed that parties and their respective counsel appear before. Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 26, 2014 10:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: /s/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. \Jacq.uteM-V , fQc !, Oor11n ►649 Lau laic Mark- ` leek, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7.17) 249-3166 ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3214 CIVIL ACTION - LAW c, o -,., r' r rri- LI -<> m) Q c:1 r -x ._..s . > n CD -ray = CD �. C.: 4-0 CD AND NOW, this /0 day o , 2014, upon --:.- consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: MICHELLE L. MCMINN, Defendant : IN CUSTODY ORDER OF COURT 1. A pretrial confere ce with the assigned Judge is hereby scheduled in the above case on the #1 'la day of , 2015 at 1(. OCA q .m. in courtroom number 1 of the Cumber and County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the &rill day of `lifla.t.t.k- , 2015, at $ : 3a o'clock, A, . M., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. The prior Order of Court dated October 23, 2013 shall remain in full force and effect with the following additions. 4. Father shall have physical custody of the child every Wednesday from after school to 7:00 p.m. Father shall pick up from school and return the child to Mother. 5.���� ��` ,e,„t . , is hereby appointed the child's Guardian ad litem.. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc Taylor Johnson, certified legal intern, counsel for Father / Megan Riesmeyer, Esquire, Community Law Clinic / Mark F. Bayley, Esquire, counsel for Mother �e.3 led 1-/7-1 /e ZACHARY A. GORSLINE, Plaintiff V. MICHELLE L. MCMINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3214 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carter A. Gorsline December 4, 2007 Mother 2. A Conciliation Conference was held December 9, 2014 with the following individuals in attendance: The Father, Zachary A. Gorsline, with his counsel, Taylor Johnson, certified legal intern, and Megan Riesmeyer, Esquire, Community Law Clinic, and the Mother, Michelle L. McMinn, with her counsel, Mark Bayley, Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated October 23, 2013 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends Friday to Monday, and one evening per week during the school year and shared physical custody during the summer. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody. Father asserts that the summer schedule of week on/week off worked well for the child. Father denies the litany of Mother's assertions that can be summarized as he being an irresponsible parent. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having less physical custody than the current Order. She lists numerous grievances setting forth Father's parental incompetence, most of which she alleged at the prior court hearing. 6. Both counsel request a Guardian ad litem be appointed believing many of the issues, which are factual in nature, could be resolved if the child had the opportunity to discuss his situation with a GAL. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one day. A, Date Jac elme M. Verney, Esquire Custody Conciliator § 5329.1 FORM: Consideration of Child Abuse and Involvement with Protective Services FOR JUDICIAL USE ONLY Hearing Date: Docket: No. 2008-3214 Party Names & Addresses: Zachary Gorsline _ Was the child the subject of an indicated or founded report of child abuse? • Yes • No 317 North Baltimore Avenue Apt 2 Has a party or a member of the party's household been identified as the perpetrator in an indicated or founded Mt. Holly Springs, PA 17068 Note: Mother's Name: Michelle McMinn 7 Pine Road Apt 605 Mt. Holly Springs, PA 17065 Is any party to this proceeding a grandparent? Yes x No Child(ren)'s Name: Carter Gorsline D/O/B: 12/4/07 Note: D/O/B: What are the circumstances surrounding the provision of services? Note: D/O/B: (Add additional children here) Any and all Household Members: Derek Wetzel D/O/B: 5/13/82 D/O/B: (Add additional names here) • AGENCY: Check here if no information on this family is on file within CYS records. • AGENCY: Check here if any children involved in the Custody Action are Dependent. FOR CPS CASES: Factors to consider with respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63. Was the child the subject of an indicated or founded report of child abuse? • Yes • No Note: Has a party or a member of the party's household been identified as the perpetrator in an indicated or founded report of child abuse? ■Yes • No Note: What is the date and circumstances of the child abuse? _--/__/ Note: What is jurisdiction where the child abuse investigation took place? FOR GPS CASES: Factors to consider with respect to child protective services or general protective services under Chapter 63. Has a party or a member of a party's household been provided services? • Yes • No Note: What type of services was provided? Note: What are the circumstances surrounding the provision of services? Note: What is the status of the services provided? Note: What is the date the services were provided? / _/ Note: What is the jurisdiction where the services were provided? Additional Information: Submitted by: Date: 5/9/14 Version ZACHARY A. GORSLINE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE L. MCMINN, DEFENDANT : 08-3214 CIVIL TERM AND NOW, this ORDER OF COURT day of December, 2014, the hearing scheduled for March 6 201 is rescheduled to Monday, March 2, 2015, at 1:00 p.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Al 6/#±-1?'° ert H. Masland, J. Taylor Johnson, Certified Legal Intern Megan Riesmeyer, Esquire For Father Mark F. Bayley, Esquire For Mother -tin Grogan, Esquire Guardian Ad Litem :sal COr/1.1 /21/ 7//Y