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HomeMy WebLinkAbout08-6345FAITH GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JAMIE GILBERT, Defendant. : NO. 0 Y- 6 34 Q< CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Faith Gilbert, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Faith Gilbert, residing at 13 Westminster Court, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Jamie Gilbert, residing at 117 Moulstown Road, Abbottstown, Cumberland County, Pennsylvania, 17301. 3. Plaintiff seeks primary custody of: Name Present Residence Age Seth Gilbert 13 Westminster Court, Carlisle, PA 17013 5 The child was born in wedlock. The child is presently in the custody of Faith Gilbert, who resides at 13 Westminster Court, Carlisle, PA, 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates James Hockensmith 3067 Spring Road 9/4/03 to 4/1/05 Faith Gilbert Carlisle, PA Damon Hockensmith Faith Gilbert 1005 Franklin Street 4/1/05 to10/1/05 Carlisle, PA Wendy Hockensmith, Darren Hockensmith, 611 Gutshell Road 4/1/05 to 1011105 Derek Hockensmith, Dylan Hockensmith, Boiling Springs, PA Faith Gilbert Faith Gilbert 13 Westminster Ct. 1011105 to Present Carlisle, PA 17013 i1ft FAITH GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6345 CIVIL ACTION LAW JAMIE GILBERT, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this 2 6 1day of February 2009, upon consideration of the attach d Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jamie Gilbert, and the Mother, Faith Gilbert, shall have shared legal custody of Seth Gilbert, born 09/04/2003. The parties shall have an equal ri t to make all major non-emergency decisions affecting the Child's general well-being inclug, but not limited to, all decisions regarding his health, education and religion. Pursuant to a terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertng to the Child including, but not limited to, medical, dental, religious or school records, th 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing March 2009, Father shall have supervised physical custody of the Child on the first three Saturdays of each month from 12:00 pm unt 14:00 pm at Mother's residence. There shall be a thirty (30) minute window of ime for Father to be late for said periods of physical custody. b. Father shall have physical custody of the Child at such other times and locations as the parties may mutually agree. 3. Father shall participate and successfully complete parenting classes when said classes are made available to him. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. 6. Neither parent shall take the Child out of state without notification and express consent of the other parent. 7. Neither party may say or do anything nor permit a third party to do or say 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 or affection for other party. To the extent possible, both parties shall not allow third parties to disparage the other LL. tU ? C? tV CJ .,. . - parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other palrties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. This Order is entered pursuant to 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. T__ .1 - istribution: -,'Jessica Holst, Esquire Jie Gilbert, 21 East Middle Street, apartment 2, Hanover, PA 17331 /John J. Mangan, Esquire n - ?.o as /Yt? l L?c? 31j/0? "-Tn FAITH GILBERT, Plaintiff V. JAMIE GILBERT, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6345 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCIL ATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 • The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custodv of Seth Gilbert 09/04/2003 Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 02, 2008, an Order issued December 15, 2008 and a status conference was held February 18, 2009 with the following individuals in attendance: The Mother, Faith Gilbert, with her counsel, Jessica Holst, Esq. The Father, Jamie Gilbert, pro se via telephone 3. Because Father abruptly and prematurely ended the conciliation conference, the undersigned recommends the entry of an Order in the form as attached. ?Z Date John J gan, Esquire Gusto y onciliator The mother of the child is Faith Gilbert. She is married. The father of the child is Jamie Gilbert. He is married. 4. The relationship of Plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Seth Gilbert Relationship Son 5. The relationship of Defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Sheryl (Last Name Unknown) Girlfriend Alex (Last Name Unknown) Girlfriend's Son Matt (Last Name Unknown) Friend 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent 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 requests the court grant her shared legal custody and primary physical custody of the child, with Father having periods of partial physical custody every other weekend. Date: 1-264o--% Respectfully submitted, Karen Fernandez Certified Legal Intern 4UW MEGA RIESNI EYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Faith Gilbert r., eeG? - ni C ) -A C FAITH GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JAMIE GILBERT, Defendant NO. © -(JV(CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Faith Gilbert, 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. Date t C a `Z Certified Legal Intern MEG RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C-) Ev - `v rn - n ce5 NO c„ 4 0 W ? A FAITH GILBERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6345 CIVIL ACTION LAW JAMIE GILBERT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 29, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 02, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ hn. Mangan, r., ES q_. ,,,,rte 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 "' ?"? ?v of of 3Hi Jo t r FAITH GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY JAMIE GILBERT Defendant NO. 2008-6345 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Fernandez , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court scheduling the Custody Conciliation on Jamie Gilbert, residing at, 117 Moulstown Road, Abbottstown, Cumberland County, Pennsylvania, 17301, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Jamie Gilbert, on the I Oh day of November, 2008 as evidenced by the attached green card. Karen Fernandez Certified Legal Intern s r ¦ Complete items 1, 2. and 3. Also complete a ture Rem 4 if Restricted Delivery Is desired. X r ? Agertt 7 ¦ Print your name and address on the reverse z-.,2 ? Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, B. Received by (Printed Name) ? 1 or on the front If space permits. `-f-- * 1 5 1 Article Addressed to: ,6 Is delivery address ciftrent from item 17 ? : H YES, enter delivery address below. ? No RJ 1`?lbu??own i ?? h ho-M`: 6U-)o ` P pr p' P501 4 3. S" lype UCerflfled Mali ? EWws Mall " ? Registered M! Retum Receipt for Merchandise 0 Insured mail ? C.O.D. 4. Restricted [Wivery? FArs Fee) Yes 2. 7008 1140 0001 6165 1108 PS Form 3811, February 2004 DomeWc Return Receipt 102595-02-M-1540 _? j -?- (.~.t ?. ,. .a ' FAITH GILBERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY JAMIE GILBERT Defendant NO. 2008-6345 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Fernandez , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Custody on Jamie Gilbert, residing at, 117 Moulstown Road, Abbottstown, Cumberland County, Pennsylvania, 17301, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Jamie Gilbert, on the l Oth day of November, 2008 as evidenced by the attached green card. Karen Fernandez Certified Legal Intern rI ¦ Complete items 1, 2, and 3. Also complete Bin 4 if Restricted Delivery is desired. ¦ Print your rim and address on the reverse so that we ii i retum the card to you. ¦ Attach this dird to the back of the mailpieos, or on the fa k if space permits. 1. Article Ad to: JCS i be r A. SigrMUM X Ago B. ved ` Name) C. a of ? ATP r - D D. Is Item 1? I S, errter deiNvery add w: W NOV 0 5 3. Sproe 19Pe_ _ ?? Coaled Mall Pfatis-Mes Mail O Registered Retum Reoe lpt for Merchrldise E3 Insured Mail ? G.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2.. 7008 1140 0001 6165 1139 i PS Form 3811, February 2004 Dorrwtlc Return Re t;o 102596-02-M-1540 r ly..? C_; -a, FAITH GILBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW :CUSTODY JAMIE GILBERT, Defendant : NO. 2008-6345 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, Faith Gilbert, at the above captioned docket. Respectfully submitted by, Karen Fernandez Certified Legal Intern n Megan kiesmeyer FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Dated: December 1, 2008 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Faith Gilbert, at the above captioned docket. R$es y submitted by: Jt, Esq. MIDPENN LEGAL SERVICES 401 E. Louther Street, Suite 103 Carlisle, PA 17013 717-243-9400 Fax: 717-243-8026 s FAITH GILBERT, Plaintiff V. JAMIE GILBERT, Defendant IA u 15 ZL'{ Gr IN THE (COURT OF COMMON PLEAS OF CUMBE AND COUNTY, PENNSYLVANIA No. 08-63145 CIVIL ACTION LAW IN CUSTODY AND NOW this t S day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Jamie Gilbert, and the Mo er, Faith Gilbert, shall have shared legal custody of Seth Gilbert, born 09/04/2003. Thep ies shall have an equal right to make all major non-emergency decisions affecting the Child' general well-being including, but not limited to, all decisions regarding his health, education d religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all rec rds and information pertaining to the Child including, but not limited to, medical, dental, reli ious or school records, the residence address of the Child and of the other parent. To the ext t one parent has possession of any such records or information, that parent shall be require to share the same, or copies thereof, with the other parent within such reasonable time as to ake the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical c stody of the Child subject to Father's physical custody as follows: a. Commencing 12/05/2008, Father shall ha e physical custody of the Child on alternating weekends from Friday 5:00 p until Sunday 5:00 pm. Father shall provide the transportation for his custodi periods. Father shall contact Mother one day before his scheduled custodial pe 'ods to confirm that he has adequate transportation to pick up and return the C 'Id to Mother. Father shall ensure that he has adequate resources to provide for S th's physical needs. b. Father shall have physical custody of the hild at such other times as the parties may mutually agree. 3. Father shall participate and successfully complete parenti g classes when said classes are made available to him. 4. The non-custodial parent shall have liberal telephone con ct with the Child on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. In the absence of agreement, Father shall have custody of Seth o Christmas, from 12/25 at 5:00 pm until 12/26 at 5:00 pm. Father shall provide the transpo ion for his custodial periods. 6. Neither parent shall take the Child out of state without other parent. and express consent of the 7. Neither parry may say or do anything nor permit a th estrange the Child from the other party, or injure the or may hamper the free and natural development of t party. To the extent possible, both parties shall not parent in the presence of the Child. 8. In the event of a medical emergency, the custodial as possible after the emergency is handled. I party to do or say anything that may pinion of the Child as to the other party, Child's love or affection for the other Dw third parties to disparage the other shall notify the other parties as soon 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influent of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the a tent possible, that other household members and/or house guests comply with this provisio . 10. This Order is entered pursuant to a Custody Conciliatio Conference. The parties may modify the provisions of this Order by mutual consent. In the; sence of mutual consent, the terms of this Order shall control. A telephonic update is hereby cheduled March 11, 2009 at 1:00 pm. Either party may contact the assigned conciliator to can el or re-schedule as necessary or proper. By the Court, J. Distribution: !ssica Holst, Esquire 9a ie Gilbert, 117 Moulstown Rd., Abbottstown, PA 17301 ?John J. Mangan, Esquire I - 21:1 8 S 0 Hj rd 1 330 8002 FAITH GILBERT, IN THE OURT OF COMMON PLEAS OF Plaintiff CUMBE AND COUNTY, PENNSYLVANIA V. No. 08-63 5 CIVIL ACTION LAW JAMIE GILBERT, IN CUST DY Defendant CUSTODY CONCILIATIONS Y REPORT IN ACCORDANCE WITH CUMBERLAND CO RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the f llowing report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Seth Gilbert 09/04/2003 Primary Mother 2. A Conciliation Conference was held with regard this matter on December 02, 2008 with the following individuals in attendance: The Mother, Faith Gilbert, with her counsel, Jessi a Holst, Esq. The Father, Jamie Gilbert, pro se via telephone 3. The parties agreed to the entry of an Order in the rm as attached. Date John J.