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HomeMy WebLinkAbout09-7345BRIAN E. GIMBARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2009- 73 yf CIVIL TERM TOSHA M. LYNCH, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this day of October, 2009, comes BRIAN E. GIMBARA, by his attorneys, Irwin & McKnight, P.C., and presents the following Complaint for Custody. 1. The Plaintiff is BRIAN E. GIMBARA, an adult individual residing at 1228 Newburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is TOSHA M. LYNCH, an adult individual residing at 65 Carla Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of a minor child, namely Alana Mary Gimbara, born August 20, 2008, age I year. 4. Plaintiff knows of no other person who has a right to custody or partial custody of the child. 5. Plaintiff desires primary physical custody of the minor children and primary legal custody with periods of partial custody or visitation to Defendant as can be mutually arranged between the parties. 6. The best interest of the minor child requires that the court grant the Plaintiff's request as set forth above. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court seeking primary physical custody of the minor child and primary legal custody with periods of partial custody or visitation to Defendant as can be mutually arranged between the parties. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Matthew A. Mc ight, Esquire Attorney for Plaintiff, Brian E. Gimbara 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 93010 Date: October 23, 2009 VERIFICATION I have read the statements made in the foregoing document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. OB GIMBARA Date: J ?? 12009 CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 23`d day of October, 2009, a copy of the Complaint for Custody was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Tosha M. Lynch 65 Carla Drive Shippensburg, PA 17257 IRWIN & McKNIGHT, P.C. Ma hew A. M fight, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Brian E. Gimbara a? 1Mf OCi F3 Rl19t g9 4 V13 ,00i of 30?5?K BRIAN E. GIMBARA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TOSHA M. LYNCH DEFENDANT 2009-7345 CIVIL ACTION LAW IN CUSTODY 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 . 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 o? 4 n2M OCT 29 AM ll: 22 CUM t.,O)UNTY PENNSYLVANIA ,/D may' -?',' ?;?a?? ss?? _ •?" ?d S NOV 2 02009 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 1,0 day of 1U OV 6% , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 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, cc: Andrew Bender, Esquire, Counsel for Mother Matthew A. McKnight, Esquire, Counsel for Father FlLEu IC" ,tr THE C ° J! J, i t, t 2009 NOY 23 Ah 8• : 5 J1 7\ -: f Vf?A.Y r'l..i? j?tA 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: -4-.2,0 -4 acqu e M. Verney, Esquire Custody Conciliator I r . ^ n:h. f CF THE 2009 NOY 23 H 0: 35 CUM,..' ?ti1 V t JILED-CIFFICE BAYLEY & MANGAN Y Mark F. Bayley, Esquire 20011 FEB - " G Attorney I.D. #: 87663 : 04 17 West South Street PA 17013 C li l '11MSERLAND COUNT ar s e, (717) 241-2446 Y p 5 YVA' NIA - I A TASHA LYNCH : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BRYAN GIMBARA : NO. 2009 - 6658 CIVIL TERM Defendant. : IN CUSTODY BRIAN E. GIMBARA : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TOSHA M. LYNCH : NO. 2009 - 7345 CIVIL TERM Defendant. : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Tasha Lynch, by and through her attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. Tasha Lynch, Petitioner, (hereinafter referred to as "Mother"), is an adult currently residing at 39 SME, Shippensburg, PA 17257. 2. Brian Gimbara, Respondent, (hereinafter referred to as "Father"), is an adult individual residing at 1228 Newburg Rd., Shippensburg, PA 17257. 3. The parties are the natural parents of Alana Mary Gimbara (born August 20, 2008). 4. A prior order was entered on November 20, 2009 by the Honorable M.L. Ebert (copy is attached as "Exhibit A"). 5. A change of circumstances has since occurred (see petition for Special Relief filed contemporaneously with the within petition). 6. Mother is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the court to be in the best interests of the child. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. Date: Z-,l -1 Respectfully submitted, BAYLEY & MANGAN _n - Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 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 : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TOSHA M. LYNCH : NO. 2009 - 7345 CIVIL TERM Defendant. : IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Mark F. Bayley, Esquire S NOV 2 0 2009 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 6 day of 1U dV f, A (X , 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. l( x i??-A 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- urn 1CE OF THE P`CJT'r ; NC)TAP.Y 2009 Haw 23 AYE 8: 3S PE.Ni ?S'6VANIIA 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 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: Jaqu e M. Verney, Esquire v Custody Conciliator /? THE D-401 t' LE OF 7HE PRO-11 O I T 2009 NOV 23 Ali 0: 3 S AEI I tiSYLVnf M 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 : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TOSHA M. LYNCH : NO. 2009 - 7345 CIVIL TERM Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Matthew A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Brian Gimbara 1228 Newburg Rd. Shippensburg, PA 17257 l } ' Mark F. Bayley, Es uire TASHA LYNCH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN GIMBARA, DEFENDANT NO. 09-6658 CIVIL BRIAN GIMBARA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ?,-- TOSHA M. LYNCH DEFENDANT NO. 09-7345 CIVIL >C-" - ?, IN RE: PETITION FOR SPECIAL RELIEF w C)m ORDER OF COURT =~ AND NOW, this 2nd 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, ?k -?' ?'& M. L. Ebert, Jr., Mark Bayley, Esquire Attorney for Mother Matthew McKnight, Esquire Attorney for Father Jacqueline Verney, Esquire Custody Conciliator bas M0Lj,lpd ODP 1,41f Brian Girnbam, be-i BRYAN GIMBARA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-7345 CIVIL ACTION LAW ? ", p -? r•r•?Cx7 -•? 5..? TOSHA M. LYNCH IN CUSTODY c-n-0 0 co ',r- DEFENDANT -4> N GQ bc-)? ORDER OF COURT -q -- AND NOW, Wednesday, February 02, 2011 , upon consideration of the attached`Complai 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/ Jacqueline M. Verney, Esq. I kA Custody Conciliator F 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 i? .Carlisle, Pennsylvania 17013 ??? ?Y ? A„ Telephone (717) 249-3166 NX,t C04 z TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN GIMBARA, Defendant BRIAN E. GIMBARA, Plaintiff V. NO. 2009-6658 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7345 'CIVIL ACTION - LAW TOSHA M. LYNCH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of e,'p czar J , 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, M.L. Ebert, Jr., cc?Mark F. Bayley, Esquire, Counsel for Mother P" Matthew A. McKnight, Esquire, Counsel for Father eop; e5 ma. l ed 01a.?l l I .J ^J rl - (IJ a ??! t CO , TASHA LYNCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN GIMBARA, Defendant BRIAN E. GIMBARA, Plaintiff V. TOSHA M. LYNCH, Defendant NO. 2009-6658 CIVIL ACTION - LAW IN CUSTODY 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 Alana Rebecca Gimbara DATE OF BIRTH CURRENTLY IN CUSTODY OF 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: -J ?(-1( 4 ac line 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 CIVIL ACTION - I ?? ? TOSHA M. LYNCH, Defendant : IN CUSTODY [ ORDER OF COURT, i Cn R AND NOW, this day of 2011, upon Y consideration of the attached Custody Conciliation eport, 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. ;. 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. U, C q6,, QK? 2---- C-1 -n x i `vrn S ca --pc) ?r TI r - . - 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 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: ?fine ?acq M. Verney, Lsquire Custody Conciliator BRIAN E. GIMBARA PLAINTIFF V. TOSHA M. LYNCH DEFENDANT IN THE COURT OF COMMON PLEAS CfFrrlr rn r'i • CUMBERLAND COUNTY, PENNSYLVco � cn r 2009-7345 CIVIL ACTION LAW IN CUSTODY == r\? ORDER OF COURT 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.,5,/ Custody Conciliator YY'' 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. cV-9L Cumberland County Bar Association 32 South Bedford Street f -P -A -a -d- AilCarlisle, Pennsylvania 17013 N ,& P Telephone (717) 249-3166