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HomeMy WebLinkAbout09-6658STEPHEN R. MAITLAND, ESQ. PA Supreme Ct ID #204853 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff ANDREW BENDER, ESQ. PA Supreme Ct ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff TASHA LYNCH Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 2009- G G S'9 T-?z,? BRYAN GIMBARA Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Tasha Lynch, hereinafter "Mother," residing at 43 Peach Orchard Road, Newville, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Bryan Gimbara, hereinafter "Father," residing at 1228 Newburg Road, Shippensburg, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: NAME RESIDENCE AGE Alana Rebecca Gimbara 45 Carla Drive 13 Months Shippensburg, PA 17257 (DOB - 8/20/08) The child was born out of wedlock. The child is presently in the custody of her mother, Tasha Lynch, who resides at 43 Peach Orchard Road, Newville, PA. During the past thirteen months, the child has resided with the following persons and at the following addresses: Tasha Lynch and Bryan Gimbara at 1228 Newburg Road, Shippensburg PA. The mother of the child is Tasha Lynch, currently residing at 43 Peach Orchard Road, Newville, PA. She is an unmarried adult. The father of the child is Bryan Gimbara, currently residing at 1228 Newburg Road, Shippensburg, PA. He is an unmarried adult.. 4. The relationship of the plaintiff to the child is that of mother. While the plaintiff s official residence is at her father's house at 45 Carla Drive, Shippensburg, Plaintiff is currently staying with her mother at 43 Peach Orchard Road, Newville, PA 17241. The following persons reside at the Newville address: Stacy Lynch, plaintiffs mother, and Timothy Bigler, boyfriend of the plaintiff s mother. 2 5. The relationship of defendant to the child is that of father. The defendant currently resides with no other persons. 6. Plaintiff Tasha Lynch 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 Tasha Lynch has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff Tasha Lynch does not know of a person not a party to the proceedings who has physical 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 Mother is the responsible parent. Mother works at the Shippensburg VFW Post. Mother has both of her parents residing in Cumberland County to assist her with child care. Mother provides for herself and for her daughter Alana. The best interest and permanent welfare of the child will be served by granting the relief requested because the father, Bryan Gimbara, is an irresponsible parent. Father sits at home all day. Father neither works at employment nor works around the house. Father is not actively seeking employment. Father is suspected to be using drugs and has been reportedly frequenting a known drug house in Shippensburg. Father's share of the household bills have been paid by his mother, 3 as Father is not gainfully employed and has never contributed to the support of the minor child. Father is suspected to have a criminal record. Father treats Mother poorly, creating an unhealthy environment fraught with verbal abuse. Father, upon learning that Mother was leaving him and taking their daughter Alana to Tasha Lynch's mother's residence, sent Tasha a text message stating "I hope you get killed in a car wreck." Father told Mother that she was "trash" and purportedly threw Mother's possessions in the trash. Father later purported not to have thrown Mother's possessions in the trash, but many items of Mother's personal property are unaccounted for. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child, Mother, have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene. None. WHEREFORE, plaintiff, Tasha Lynch requests this Honorable Court to grant her custody of the minor child, Alana Rebecca Gimbara 4 )kL i Attorney for Plaintiff STEPHEN R. MAITLAND, ESQ. PA Supreme Ct ID #204853 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff • Atto ey for Plaintiff ANDREW BENDER, ESQ. PA Supreme Ct ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff 5 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. Cons. State. § 4904 relating to unsworn falsifi ation to a orities. Plain ff OF TH2 f- E ?OtARY 2069 pCT ph 1. C?,fi/, 19 a, r?U,fs?nw fi?1? »si TASHA LYNCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6658 CIVIL ACTION LAW BRYAN GIMBARA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 29, 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 Thursday, November 19, 2009 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/ ac ueline M, Verne Es f 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 ar 2tV90CT 29 At lli 22 ?* 4 AWI-? S NOV 202009 q TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA / V. : NO. 2009-6658 CIVIL ACTION - LAW ? BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 CIVIL ACTION - LAW TOSHA M. LYNCH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 1.01 day of t U d V L AV , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The dockets in this matter are hereby consolidated. 2. The Mother, Tasha Lynch and the Father, Bryan Gimbara, shall have shared legal custody of Alana Rebecca Gimbara, born August 20, 2008. 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 her 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. 3. The parents shall have shared physical custody on a 2/3/2 alternating schedule, with Father having the last leg of the 2/3/2 schedule beginning Friday, November 20, 2009 at 3:00 p.m. All exchanges shall be at 3:00 p.m. unless otherwise agreed by the parties. 4. In the event that either parent is in need of a babysitter for more than two hours, they shall contact the other parent and offer said time to the non-custodial parent. 5. Holidays: A. Thanksgiving shall be shared and alternated with Father having physical custody of the child from 9:00 a.m. to 3:00 p.m. in odd numbered years and with Mother having 3:00 p.m. to 9:00 p.m. in odd numbered years. In even numbered years, Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks and alternated each year. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon 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 hears and Block B in odd numbered years. C. New Year's Day shall be shared as agreed by the parties. D. Easter shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. E. Child's Birthday. Each parent shall have a block of time with the child on her birthday. F. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day all day and Father shall have physical custody of the child on Father's Day all day. 6. Transportation shall be shared such that the relinquishing party shall transport. 7. Neither parry shall use illegal drugs, consume alcohol to the point of intoxication or smoke, immediately before or during their period of physical custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, '%? -t S, cc: Andrew Bender, Esquire, Counsel for Mother a 3.09 Matthew A. McKnight, Esquire, Counsel for Father ?? OF MR: i ?s v i O-N NARY 2009 NOY 23 AM O: 15 YUNTY PENNSYLV,°4N A TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW L/ BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Rebecca Gimbara August 20, 2008 shared 2. A Conciliation Conference was held in this matter on November 19, 2009, with the following in attendance: The Mother, Tasha Lynch, with her counsel, Andrew Bender, Esquire, and the Father, Bryan Gimbara, with his counsel, Matthew A. McKnight, Esquire. The parties agreed to an Order in the form as attached. Date: -,Z6-6 acqu ' e M. Verney, Esquire Custody Conciliator FILED--! )i= =iCE THE- R, ]r? .1,4 AF?Y 2009 NOV 23 AM 8: 31 TASHA LYNCH, PLAINTIFF V. BRYAN GIMBARA, DEFENDANT BRIAN GIMBARA, PLAINTIFF V. TOSHA M. LYNCH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6658 CIVIL,--' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • f"7 • tV C] may.. :zm m ? rn • cn? r ?n NO. 09-7345 CIVIL.{ N ? o -? ' a x ? 3 IN RE: PETITION FOR SPECIAL RELIEF ` r*r ORDER OF COURT AND NOW, this 2"d day of February, 2011, upon consideration of Mother's Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pending further Order of Court, Mother will have primary physical custody of Alana Gimbara, DOB: 8/20/08. 2. Father shall file an Answer to Mother's Petition for Special Relief on or before February 22, 2011. 3. The parties shall attend a Custody Conciliation Conference that has been scheduled before Custody Conciliator Jacqueline Verney on Thursday, February 24, 2011, at 10:30 a.m. 4. Pending further Order of Court or by agreement between the parties, Father shall have only supervised contact with the child. The times, places, and the identity of the supervisor shall be agreed upon by the parties. If no agreement can be reached, these matters shall be considered by the Custody Conciliator who shall provide the Court with a recommendation regarding supervised custody with the child. By the Court, M. L. Ebert, Jr., Mark Bayley, Esquire Attorney for Mother Matthew McKnight, Esquire Attorney for Father Jacqueline Verney, Esquire Custody Conciliator bas Mqj led ?$Pie-9 If ANDI?6 &Ian G i rnl o-m , be f + TASHA LYNCH IN THE COURT OF COMMON PLEAS OF PENNSYLVAII`A CUMBERLAND COUNTY PLAINTIFF , V. 2009-6658 CIVIL ACTION LAW cn? -- N u -i C) BRYAN GIMBARA -TT IN CUSTODY DEFENDANT rn (-9 ORDER OF COURT AND NOW, Wednesday, Februa ry02, 2011 , 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 Thursday, February 24, 2011 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/ 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 OFF'IC'E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association LQ J 32 South Bedford Street Carlisle, Pennsylvania 17013 ' 19h C Telephone (717) 249-3166 (? 6a4 NV -(/// '' f TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 CIVIL ACTION - LAW TOSHA M. LYNCH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -? i" day of F e.la r u n 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of Court dated February 2, 2011 is hereby vacated. The prior Order of Court dated November 20, 2009 shall remain in full force and effect with the following modifications and additions: 2. The parties shall refrain from getting "high" on any substance. 3. Father shall provide at least 24 hours notice of cancelling his periods of physical custody. 4. Father's deadline to respond to Mother's Petition for Special Relief is hereby extended to one week after the next Conciliation Conference. 5. 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 Conciliation conference is scheduled for April 5, 2011 at 9:30 a.m. z BY THE COURT, M.L. Ebert, Jr., cc?Mark F. Bayley, Esquire, Counsel for Mother VMatthew A. McKnight, Esquire, Counsel for Father C.OP; P5 ma. led of /av/ / / 4a =r " CO iCD W 7( E ?' i "I ;f TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Alana Rebecca Gimbara August 20, 2008 Mother 2. A Conciliation Conference was held in this matter on February 24, 2011, with the following in attendance: The Mother, Tasha Lynch, with her counsel, Mark F. Bayley, Esquire, and the Father, Bryan Gimbara, with his counsel, Matthew A. McKnight, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated November 20, 2009 and February 2, 2011. The Order dated November 20, 2009 provided for shared legal and shared physical custody. The Order of February 2, 2011 provided for Mother to have primary physical custody. The parties agreed to an Order in the form as attached. Date: d -1( aVerney, Esquire Custody Conciliator -Rim TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, . Defendant : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c V. : NO. 2009-7345 CIVIL ACTION - I =rn TOSHA M. LYNCH, Defendant : IN CUSTODY a `? -0 d C: ORDER OF COURT i c.n ll ; 00 AND NOW, this day of tiN , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of Court dated February 2, 2011 is hereby vacated. The prior Orders of Court dated November 20, 2009 and February 28, 2011 shall remain in full force and effect with the following modification. 2. Mother hereby withdraws her Petition for Special Relief, so it is not necessary for Father to file an Answer to the Petition for Special Relief. 3. All other provisions of the prior Orders of Court dated November 20, 2009 and February 28, 2011 shall remain in full force and effect. 4. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Mark F. Bayley, Esquire, Counsel for Mother ? Matthew A. McKnight, Esquire, Counsel for Father BY THE COURT, M. L. Ebert, Jr., J. l ed r106r'10 K zl-- ? rn -a n 4Q z-n ,rnl d TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Alana Rebecca Gimbara August 20, 2008 Mother 2. A Conciliation Conference was held in this matter on April 5, 2011 with the following in attendance: Mother's counsel, Mark F. Bayley, Esquire and Father's counsel, Matthew A. McKnight, Esquire. 3. The Honorable M. L. Ebert, Jr., previously entered Orders of Court dated November 20, 2009, February 2, 2011 and February 28, 2011, providing for shared legal custody, Mother having primary physical custody. 4. The parties agreed to an Order in the form as attached. Date: '4 acq line M. Verney, Esquire Custody Conciliator Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, L.L.C. PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) FILED-FIC THE PROTHONOTAFO 2614 DEC Pti 3: 148 CUMBERLAND COUNTY PENNSYLVANIA TASHA LYNCH Plaintiff V. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff V. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Adam R. Deluca, Esquire, as attorney of Lynch, in the above- ptioned matters. Date: ord for Tasha Adam R. De uca, Esquire PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 170] 3 (717) 249-1177 Please withdraw the appearance of Jane Adams, Esquire, as attorney of record for Tasha Lynch in the above -captioned matters. Date: Adams, Esquire est South Street rlisle, PA 17013 7-245-8508 Supreme Court I.D. # 79465 Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, L.L.C. PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) ^'I D^!hµ O ICr/ HE ji, t�f�4 ^^}} ]� �� tt„Ii4,J 7i`�ii -I.} PH 3:',+(7 CUMBERLAND COUNTY PENNSYLVANIA TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW comes the Petitioner, Tasha Lynch, by and through her attorneys, Adam R. Deluca, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., and files the instant Petition for Modification of a Custody Order, and in support thereof, respectfully avers as follows: 67-411 711191(1) °V 3/q/6 1. The Petitioner is Tasha Lynch (hereinafter referred to as "Mother"), an adult individual, who resides at 39 SME, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Bryan Gimbara (hereinafter referred to as "Father"), an adult individual, who currently resides at 1228 Newburg Road, Shippensburg, Cumberland County, Pennsylvania 17257.. 3. The parties are the natural parents of: Alana Rebecca Gimbara (hereinafter referred to as "Child") (Date of Birth: August 20, 2008). 4. Orders currently controlling were entered by agreement on November 20, 2009, January 19, 2010, February 28, 2011 and April 6, 2011 under the above -captioned docket numbers, and are attached hereto as "Exhibit A". 5. The above referenced Orders should be modified due to changed circumstances that have occurred since, which are as follows: a) Father's license has been suspended over 12 times and continues to drive Child, and allows his Fiance (Erin, last name unknown) who is also believed to have a suspended license, to do the same; and b) Father was recently imprisoned for the third time on August 29, 2014 for charges brought in Franklin County, Pennsylvania, for three charges of Theft by Unlawful Taking, three charges of Theft by Deception — False Impression, three charges of Receiving Stolen Property, and three charges of Trespass — Posted; and c) Father continually failed to take Child to school resulting in letters being written from the school to Mother. On multiple occasions Mother had to drive to Father's residence, pick up Child, bathe and feed her, and then take her to school; and d) Father continually fails to bathe child, and in general, has failed to upkeep proper hygiene, in addition to failing to provide Child with food and drink; and e) For the prior 18 months, Father has only been picking up and keeping Child on weekends; and f) Father continually disobeys the prior entered Orders of Court for the above stated reasons. 6. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2. WHEREFORE, Petitioner requests this Honorable Court modify the existing. Orders because it will be in the best interest of the child. Date: to/ZI%y Respectfully submitted, Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, L.L.C. PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) VERIFICATION I, Tasha Lynch, 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 unsworn falsification to authorities. DATE: \2 Ai( T sha Lynch, Petitioner TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant Nov zoZoos : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION — LAW ✓ • : IN CUSTODY ORDER OF COURT AND NOW, this 1.L, day of IU (V t,VAlt.r' , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l . The dockets in this matter are hereby consolidated. • 2. The Mother, Tasha Lynch and the Father, Bryan Gimbara, shall have shared legal custody of Alana Rebecca Gimbara, born August 20, 2008. 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 her 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. nd, (1. if- °f 3. The parents shall have shared physical custody on a 2/3/2 alternating schedule, with Father having the last leg of the 2/3/2 schedule beginning Friday, November 20, 2009 at 3:00 p.m. All exchanges shall be at 3:00 p.m. unless otherwise agreed by the parties. 4. In the event that either parent is in need of a babysitter for more than two hours, they shall contact the other parent and offer said time to the non-custodial parent. 5. Holidays: A. Thanksgiving shall be shared and alternated with Father having physical custody of the child from 9:00 a.m. to 3:00 p.m. in odd numbered years and with Mother having 3:00 p.m. to 9:00 p.m. in odd numbered years. In even numbered years, Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks and alternated each year. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon 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 hears and Block B in odd numbered years. C. New Year's Day shall be shared as agreed by the parties. D. Easter shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. E. Child's Birthday. Each parent shall have a block of time with the child on her birthday. F. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day all day and Father shall have physical custody of the child on Father's Day all day. 6. Transportation shall be shared such that the relinquishing party shall transport. 7. Neither party shall use illegal drugs, consume alcohol to the point of intoxication or smoke, immediately before or during their period of physical custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Andrew Bender, Esquire, Counsel for Mother Matthew A. McKnight, Esquire, Counsel for Father FILED -OFFICE OF THE PPOTPONOTAP,Y 2009NOY 23 AH 8:35 CUMi3L1[-L,,. PE:NNSYLVANA TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW • : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Rebecca Gimbara August 20, 2008 shared 2. A Conciliation Conference was held in this matter on November 19, 2009, with the following in attendance: The Mother, Tasha Lynch, with her counsel, Andrew Bender, Esquire, and the Father, Bryan Gimbara, with his counsel, Matthew A. McKnight, Esquire. 3. The parties agreed to an Order in the form as attached. Date: /l —,R0-6 acqu e M. Verney, Esquire Custody Conciliator FILED-OE:7-OE OF THE PP,OM,C)NOTARY 2609 NOV 23 Ali 8: 35 CUMBCHH' • PENVI'l" TASHA LYNCH, Plaintiff JA ,2d1C : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 TOSHA M. LYNCH, Defendant : IN CUSTODY ORDER OF COURT CIVIL ACTION — LAW AND NOW, this 1 � day of lar 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: C-1 1. In addition to the provisions in the Order of Court dated November 20, 2009, the parties shall have two non-consecutive weeks of physical custody during the summer. provided they give the other party 30 days prior notice. 2. All other provisions of the prior Order of Court dated November 20, 2009, shall remain in full force and effect. 3. This Order is entered pursuant to an agreement of the parties. 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 BY THE COURT, \\A. 1\ CIA\ J. cc: Andrew Bender, Esquire, Counsel for Mother Matthew A. McKnight. Esquire, Counsel for Father 0 rF.s mac TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BRYAN GIMBARA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 IN CUSTODY CIVIL ACTION - LAW BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT : CUMBERLAND : NO. 2009-7345 : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION — LAW 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 Alana Rebecca Gimbara August 20, 2008 shared 2. Counsel contacted the Conciliator and requested a summer vacation provision be included in the Court Order. 3. The parties agreed to an Order in the form as attached. Date: I— / /0 facqiiline M. Verney, Esquire Custody Conciliator TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 '"CIVIL ACTION — LAW : IN CUSTODY ORDER OF COURT AND NOW, this 1‘$ -It.' day of eA0 o" Y , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of Court dated February 2, 2011 is hereby vacated. The prior Order of Court dated November 20, 2009 shall remain in full force and effect with the - following modifications and additions: 2. The parties shall refrain from getting "high" on any substance. 3. Father shall provide at least 24 hours notice of cancelling his periods of physical custody. 4. Father's deadline to respond to Mother's Petition for Special Relief is hereby extended to one week after the next Conciliation Conference. 5. 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 Conciliation conference is scheduled for April 5, 2011 at 9:30 a.m. BY THE COURT, cc: Mark F. Bayley, Esquire, Counsel for Mother VMatthew A. McKnight, Esquire, Counsel for Father eep;e5 ie -01 / m cz) co TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION — LAW PRIOR JUDGE: M. L. Ebert, 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 Alana Rebecca Gimbara August 20, 2008 Mother 2. A Conciliation Conference was held in this matter on February 24, 2011, with the following in attendance: The Mother, Tasha Lynch, with her counsel, Mark F. Bayley, Esquire, and the Father, Bryan Gimbara, with his counsel, Matthew A. McKnight, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated November 20, 2009 and February 2, 2011. The Order dated November 20, 2009 provided for shared legal and shared physical custody. The Order of February 2, 2011 provided for Mother to have primary physical custody. The parties agreed to an Order in the form as attached. Date: -,2q- it i acq6 line M. Verney, Esquire O Custody Conciliator TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN GIMBARA, Defendant : NO. 2009-6658 : IN CUSTODY CIVIL ACTION - LAW BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CI o V. : NO. 2009-7345 /CIVIL ACTION — L, -v TOSHA M. LYNCH, u'n i � Ci i Defendant : IN CUSTODY r- Q1 �Q =C x-- ORDER OF COURT ul AND NOW, this (0 day of ►-t v ,\ , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of Court dated February 2, 2011 is hereby vacated. The prior Orders of Court dated November 20, 2009 and February 28, 2011 shall remain in full force and effect with the following modification. 2. Mother hereby withdraws her Petition for Special Relief, so it is not necessary for Father to file an Answer to the Petition for Special Relief. 3. All other provisions of the prior Orders of Court dated November 20, 2009 and February 28, 2011 shall remain in full force and effect. 4. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT,\*1\ M. L. Ebert, Jr., cc: Mark F. Bayley, Esquire, Counsel for Mother ✓ Matthew A. McKnight, Esquire, Counsel for Father J. TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BRYAN GIMBARA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 : IN CUSTODY CIVIL ACTION - LAW BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT :CUMBERLAND : NO. 2009-7345 : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Rebecca Gimbara August 20, 2008 Mother 2. A Conciliation Conference was held in this matter on April 5, 2011 with the following in attendance: Mother's counsel, Mark F. Bayley, Esquire and Father's counsel, Matthew A. McKnight, Esquire. 3. The Honorable M. L. Ebert, Jr., previously entered Orders of Court dated November 20, 2009, February 2, 2011 and February 28, 2011, providing for shared legal custody, Mother having primary physical custody. 4. The parties agreed to an Order in the form as attached. Date: 4-I —S---1( It . acq line M. Verney, Esquire Custody Conciliator TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY CERTIFICATE OF SERVICE I, Adam R. Deluca, Esquire, hereby certify that a copy of the Petition for Modification of a Custody Order was served upon the following, this t day of 0rae/, 2014, by United States first-class mail, postage prepaid, addressed as follows: DATE: /4-14 Mathew A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Bryan Gimbara 1228 Newburg Road Shippensburg, ' A 17257 Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, LLC PA Supreme Ct ID # 311738 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, LLC PA Supreme Court ID #: 311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) it DEC -4 Pi 3: -- CC t(-j�� `Y 'CUMBERLANDCO{J f 'i PENNSYLVAt1IA TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Tasha Lynch, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply P .••••,...1••••• Crime 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 Self Other Date of conviction. Sentence household guilty plea, no member contest plea or pending charges (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 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 including the following: Check all that apply A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Self Other Date household member n Abusive conduct as defined under the Protection from n Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 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: O vt.ctANA L L(.B beevi C o Au r G OF - b O Q rwtzet fo reuivivtid coo Letn d cU, )+rJC4S S I verify that the statements made in the Criminal Record/Abuse History Verification are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. 12-3-1�-I Date Signature %1Q cylicti Printed Name Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, L.L.C. PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attomey for Plaintiff (Lynch) - OF THE PROTHONOT 2314:DEC -4 PM 3;L9 CUMBERLAND COUNTY PENNSYLVANIA TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Adam R. Deluca, Esquire, as attorney of ecord for Tasha Lynch, in the above- .ptioned matters. Date: Adam R. De uca, Esquire PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Please withdraw the appearance of Jane Adams, Esquire, as attorney of record for Tasha Lynch in the above -captioned rnatters. Adams, Esquire est South Street rlisle, PA 17013 7-245-8508 Supreme Court I.D. # 79465 Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, L.L.C. PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) THE PROTHONOTARY Kilt DEC -l.' F 7 CUMBERLAND BERLAND COUN1Y PENNSYLVANIA TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW comes the Petitioner, Tasha Lynch, by and through her attorneys, Adam R. Deluca, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., and files the instant Petition for Modification of a Custody Order, and in support thereof, respectfully avers as follows: 1. The Petitioner is Tasha Lynch (hereinafter referred to as "Mother"), an adult individual, who resides at 39 SME, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Bryan Gimbara (hereinafter referred to as "Father"), an adult individual, who currently resides at 1228 Newburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of: Alana Rebecca Gimbara (hereinafter referred to as "Child") (Date of Birth: August 20, 2008). 4. Orders currently controlling were entered by agreement on November 20, 2009, January 19, 2010, February 28, 2011 and April 6, 2011 under the above-captioned docket numbers, and are attached hereto as "Exhibit A". 5. The above referenced Orders should be modified due to changed circumstances that have occurred since, which are as follows: a) Father's license has been suspended over 12 times and continues to drive Child, and allows his Fiance (Erin, last name unknown) who is also believed to have a suspended license, to do the same; and b) Father was recently imprisoned for the third time on August 29, 2014 for charges brought in Franklin County, Pennsylvania, for three charges of Theft by Unlawful Taking, three charges of Theft by Deception — False Impression, three charges of Receiving Stolen Property, and three charges of Trespass — Posted; and c) Father continually failed to take Child to school resulting in letters being written from the school to Mother. On multiple occasions Mother had to drive to Father's residence, pick up Child, bathe and feed her, and then take her to school; and d) Father continually fails to bathe child, and in general, has failed to upkeep proper hygiene, in addition to failing to provide Child with food and drink; and e) For the prior 18 months, Father has only been picking up and keeping Child on weekends; and f) Father continually disobeys the prior entered Orders of Court for the above stated reasons. 6. Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2. WHEREFORE, Petitioner requests this Honorable Court modify the existing Orders because it will be in the best interest of the child. Date: Wz-04i Respectfully submitted, Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, L.L.C. PA Supreme Court ID #311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) VERIFICATION I, Tasha Lynch, 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 unsworn falsification to authorities. DATE: \2 Trisha Lynch, Petitioner NOV 20 2009 I. TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant • : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION — LAW ✓ : IN CUSTODY ORDER OF COURT AND NOW, this 1. day of Olt At.i- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The dockets in this matter are hereby consolidated. 2. The Mother, Tasha Lynch and the Father, Bryan Gimbara, shall have shared legal custody of Alana Rebecca Gimbara, born August 20, 2008. 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 her 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. 3. The parents shall have shared physical custody on a 2/3/2 alternating schedule, with Father having the last leg of the 2/3/2 schedule beginning Friday, November 20, 2009 at 3:00 p.m. All exchanges shall be at 3:00 p.m. unless otherwise agreed by the parties. 4. In the event that either parent is in need of a babysitter for more than two hours, they shall contact the other parent and offer said time to the non-custodial parent. 5. Holidays: A. Thanksgiving shall be shared and alternated with Father having physical custody of the child from 9:00 a.m. to 3:00 p.m. in odd numbered years and with Mother having 3:00 p.m. to 9:00 p.m. in odd numbered years. In even numbered years, Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.rn. and Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks and alternated each year. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon 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 hears and Block B in odd numbered years. C. New Year's Day shall be shared as agreed by the parties. D. Easter shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. E. Child's Birthday. Each parent shall have a block of time with the child on her birthday. F. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day all day and Father shall have physical custody of the child on Father's Day all day. 6. Transportation shall be shared such that the relinquishing party shall transport. 7. Neither party shall use illegal drugs, consume alcohol to the point of intoxication or smoke, immediately before or during their period of physical custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Andrew Bender, Esquire, Counsel for Mother Matthew A. McKnight, Esquire, Counsel for Father FLED-OFICE OF THE FPnrr:r.)NOTARY 2009NOY 23 AH 8: 35 CUMEL-L.2,,L.; -...',U1s.111.1Y PENNSYLVAN TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BRYAN GIMBARA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Rebecca Gimbara August 20, 2008 shared 2. A Conciliation Conference was held in this matter on November 19, 2009, with the following in attendance: The Mother, Tasha Lynch, with her counsel, Andrew Bender, Esquire, and the Father, Bryan Gimbara, with his counsel, Matthew A. McKnight, Esquire. 3. The parties agreed to an Order in the form as attached. Date: acqu e M. Verney, Esquire Custody Conciliator FLED-CkFiCE. OF THE PROTV;ONOTARY 2009NOT23 AM 8: 35 :),)UNTy PENNSY'SNIA TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant N : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CO1UNTY, PENNSYLVANIA NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. TOSHA M. LYNCH, Defendant - : NO. 2009-7345 CIVIL ACTION — LAW 0 ha 0 CD -13 13; L. - —I : IN CUSTODY • rrt::-: , 2 .1.,.• r' ---- r- rTi c ORDER OF COURT ;:....- '''..:-:: 2C •:ii- C—.1. --I ..-..... .:.— AND NOW, this 1 day of , , 2010, upon considerationof the attached Custody Conciliation Report, it is ordered and directed as follows: 1. in addition to the provisions in the Order of Court dated November 20, 2009, the parties shall have two non-consecutive weeks of physical custody during the summer. provided they give the other party 30 days prior notice. 2. All other provisions of the prior Order of Court dated November 20, 2009, shall remain in full force and effect. 3. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: drew Bender, Esquire, Counsel for Mother atthew A. McKnight. Esquire, Counsel for Father ‘E_S ticL /9/0 TASHA LYNCH, Plaintiff V. BRYAN GIMBARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 CIVIL ACTION — LAW TOSHA M. LYNCH, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Alana Rebecca Gimbara August 20, 2008 shared 2. Counsel contacted the Conciliator and requested a summer vacation provision be included in the Court Order. 3. The parties agreed to an Order in the form as attached. Date: 1-1/0 facq iline M. Verney, Esquire Custody Conciliator TASHA LYNCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION — LAW : IN CUSTODY ORDER OF COURT Atl AND NOW, this 4% day of Fe)(31-kl‘t/ , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of Court dated February 2, 2011 is hereby vacated. The prior Order of Court dated November 20, 2009 shall remain in full force and effect with the• following modifications and additions: 2. The parties shall refrain from getting "high" on any substance. 3. Father shall provide at least 24 hours notice of cancelling his periods of physical custody. 4. Father's deadline to respond to Mother's Petition for Special Relief is hereby extended to one week after the next Conciliation Conference. 5. 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 Conciliation conference is scheduled for April 5, 2011 at 9:30 a.m. BY THE COURT, cc: Mark F. Bayley, Esquire, Counsel for Mother /Matthew A. McKnight, Esquire, Counsel for Father &p;6'5 fita. led TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant • : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 CIVIL ACTION — LAW TOSHA M. LYNCH, Defendant • : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Alava Rebecca Gimbara August 20, 2008 Mother 2, A Conciliation Conference was held in this matter on February 24, 2011, with the following in attendance: The Mother, Tasha Lynch, with her counsel, Mark F. Bayley, Esquire, and the Father, Bryan Gimbara, with his counsel, Matthew A. McKnight, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated November 20, 2009 and February 2, 2011. The Order dated November 20, 2009 provided for shared legal and shared physical custody. The Order of February 2, 2011 provided for Mother to have primary physical custody. The parties agreed to an Order in the form as attached. Date: ,1 I( mi Ofacq_ line M. Verney, EsquireL-1-1-Y Custody Conciliator TASHA LYNCH, Plaintiff v. BRYAN GIMBARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345/CIVIL ACTION 1 - -0 trt-- r"- 'Dm TOSHA M. LYNCH, : IN CUSTODY Crt 0 Defendant -‹c 72-_-,-, > -,) xc, ., ....4 m ---! c...-7 > AND NOW, this day of , 2011, upon - ORDER OF COURT consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Order of Court dated February 2, 2011 is hereby vacated. The prior Orders of Court dated November 20, 2009 and February 28, 2011 shall remain in full force and effect with the following modification. 2. Mother hereby withdraws her Petition for Special Relief, so it is not necessary for Father to file an Answer to the Petition for Special Relief. 3. All other provisions of the prior Orders of Court dated November 20, 2009 and February 28, 2011 shall remain in full force and effect. 4. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert, Jr., cc: Mark F. Bayley, Esquire, Counsel for Mother Matthew A. McKnight, Esquire, Counsel for Father j 11 TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BRYAN GIMBARA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant PRIOR JUDGE: M. L. Ebe : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Rebecca Gimbara August 20, 2008 Mother 2. A Conciliation Conference was held in this matter on April 5, 2011 with the following in attendance: Mother's counsel, Mark F. Bayley, Esquire and Father's counsel, Matthew A. McKnight, Esquire. 3. The Honorable M. L. Ebert, Jr., previously entered Orders of Court dated November 20, 2009, February 2, 2011 and February 28, 2011, providing for shared legal custody, Mother having primary physical custody. 4. The parties agreed to an Order in the form as attached. acqline M. Verney, Esquire Custody Conciliator Date: LI TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY CERTIFICATE OF SERVICE I, Adam R. Deluca, Esquire, hereby certify that a copy of the Petition for Modification of a Custody Order was served upon the following, this 4.1 CZ—day of aar-eolde172014, by United States first-class mail, postage prepaid, addressed as follows: DATE: //7 Mathew A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Bryan Gimbara 1228 Newburg Road Shippensburg, A 17257 Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, LLC PA Supreme Ct ID # 311738 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Adam R. Deluca, Esquire Allied Attorneys of Central Pennsylvania, LLC PA Supreme Court ID #: 311738 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Plaintiff (Lynch) TASHA LYNCH Plaintiff v. BRYAN GIMBARA Defendant 0;- THE ,OTHONO ' r 7014 DEC -4 PH 57 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6658 Civil Term IN CUSTODY BRIAN E. GIMBARA Plaintiff v. TOSHA M. LYNCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-7345 Civil Term IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Tasha Lynch, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) Self 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 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 including the following: Check all that apply A finding of abuse by a Children & Youth. Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: Self Other household member Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. " 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: D-ZFQ,1-0614- A k3 i)e.ev-) c 0 Au t'c,tej 0-F b ) arvv,..e.a nolo reckivi OLQ I verify that the statements made in the Criminal Record/Abuse History Verification are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. -- Date Signature cti Printed Name TASHA LYNCH PLAINTIFF V. BRYAN GiMBARA DEFENDANT c-7 iN THE COURT OF COMMON PLEAS Orn CUMBERLAND COUNTY, PENNSYLVAtsi 2009-6658 CiVIL ACTION LAW iN CUSTODY ORDER OF COURT -0 rU cit ry AND NOW, Monday, December 08, 2014 , 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 Wednesday, January 14, 2015 1:30 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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.e 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. ,'ijr/iV b21. ✓Y Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TASHA LYNCH, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant • IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 CIVIL ACTION - LAW r.., ..= _ : -,.... rrl CD C.- ....- •-• TOSHA M. LYNCH, : Defendant : IN CUSTODY u)r- , — > (-) ORDER OF COURT c, ...._...... i---. , AND NOW, this 1 'D day of •Stt ,...1 A 0 1 , 2015, upon --< consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 20, 2009, January 19, 2010, February 28, 2011 and April 6, 2011 are hereby vacated. 2. Mother shall have sole legal custody of the child. 3. Mother shall have sole physical custody of the child. 4. Father shall have periods of supervised visitation as agreed by the parties. 5. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. 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. BY THE COURT, cc: am R. Deluca, Esquire, Counsel for Mother Bryan Gimbara, pro se 1228 Newburg Road Shippensburg, PA 17257 CeS it/b ( TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. BRYAN GIMBARA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-6658 CIVIL ACTION - LAW : IN CUSTODY BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7345 CIVIL ACTION — LAW Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 rN CUSTODY OF Alana Rebecca Gimbara August 20, 2008 shared 2. A Conciliation Conference was held in this matter on January 14, 2015, with the following in attendance: Mother, Tasha Lynch, and her counsel, Adam R. Deluca, Esquire. Father, Bryan Gimbara, although notified of the time and date of the conference did not attend. 3. The Honorable M. L. Ebert, Jr., previously entered Orders of Court dated November 20, 2009, January 19, 2010, February 28, 2011, and April 6, 2011 providing for shared legal custody, and shared physical custody on a 2/3/2 schedule. 4. Mother requested an Order in the form as attached. Date: /— 0-1-/ aceline M. Verney, Esquire Custody Conciliator TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2009-7345'<IVIL ACTION – LAW rr rn2J CI) y- TOSHA M. LYNCH, Defendant : IN CUSTODY ORDER OF COURT th AND NOW, this inday of 0. %%A10,1 , 2015, upon . z — consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: C'71•4 Cn 1. The prior Orders of Court dated November 20, 2009, January 19, 2010, February 28, 2011 and April 6, 2011 are hereby vacated. 2. Mother shall have sole legal custody of the child. 3. Mother shall have sole physical custody of the child. 4. Father shall have periods of supervised visitation as agreed by the parties. 5. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. 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. BY THE COURT, cc.'A)n R. Deluca, Esquire, Counsel for Mother yan Gimbara, pro se 1228 Newburg Road Shippensburg, PA 17257 Gps-- ,i7)7 TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6658 CIVIL ACTION - LAW BRYAN GIMBARA, Defendant : IN CUSTODY BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-7345 CIVIL ACTION — LAW TOSHA M. LYNCH, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, 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 Alana Rebecca Gimbara August 20, 2008 shared 2. A Conciliation Conference was held in this matter on January 14, 2015, with the following in attendance: Mother, Tasha Lynch, and her counsel, Adam R. Deluca, Esquire. Father, Bryan Gimbara, although notified of the time and date of the conference did not attend. 3. The Honorable M. L. Ebert, Jr., previously entered Orders of Court dated November 20, 2009, January 19, 2010, February 28, 2011, and April 6, 2011 providing for shared legal custody, and shared physical custody on a 2/3/2 schedule. 4. Mother requested an Order in the form as attached. Date: I— "I I C ac! eline M. Verney, Esquire Custody Conciliator