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HomeMy WebLinkAbout10-0547 ?) Ga Cam' '?4 - C-) :J ROBERT M. SHOVER, Plaintiff V. ALICIA A. GENTILE, Defendant To: The Judges of Said Court: IN THE COURT of COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. `O- S-y 7 (-,\J' ( 4U^ CIVIL ACTION - CUSTODY Complaint for Custody AND NOW this day of January, 2010 comes Plaintiff, ROBERT M. SHOVER, above named, by and through his attorney, John M. Glace, Esquire, and presents this Complaint for Custody as follows: 1. Plaintiff Robert M. Shover is an unmarried adult individual who presently resides at 132 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant Alicia A. Gentile is an unmarried adult individual who presently resides at 114 South West Street, Carlisle, Cumberland County Pennsylvania 17013. 3. Above parties are the biological parents of Robert Anthony Gentile-Shover (dob: 3/5/05). Said minor child was born in of wedlock. 4. For the preceding five (5) years, the aforementioned minor child has resided with his mother at various addresses in the Borough of Carlisle. 5. Defendant Mother has permitted limited visitation premised on her whim and caprice and, on occasions, confronted Plaintiff late in the evening to demand return of the infant child after she had granted partial physical custody. 6. Defendant is a diagnosed bi-polar with a history of non-compliance with prescription medication. She has continuously demonstrated an irrational jealousy of Plaintiffs new girl friend and has been arrested and thereafter confessed to pouring Liquid Plumber in the new girl friend's gas tank thereby committing misdemeanor criminal mischief. Pd *1-71,0 (16h 00 ';1 3ic 7 83 6. Defendant has refused to return Plaintiffs requests by telephone and text as well as attempted personal requests as to his child's status and has articulated that she will deny all access and contact for the minor child with his Plaintiff Father. 7. It is the best interests of the infant child to continue to be in the primary physical custody of Plaintiff father at an established address. 8. All parties of interest have been made party to this action. 9. No named party is a present member of the Armed Services of United States. WHEREFORE, Plaintiff ROBERT M. SHOVER, respectfully requests that this Honorable Court grant him shared legal custody and partial physical custody of his minor child with clearly defined times and transfers. Respectfully submitted, The Law Office of ohn M. Glace Jo lace, Esquire Su e t. ID: 23933 13 -1 3 alnut Street H 1 s g, PA 17101-1612 ( 7- 8-5515) VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unsworn falsification to authorities. Date:/ - 2,5--/c/)' Robert M. Shover CERTIFICATE OF SERVICE I HEREBY CERTIFY that this day of January, 20101 have served a true and correct copy of the foregoing Complaint for Custody, by first class mail, postage pre- paid, upon: Alicia A. Gentile 114 South West Street Apartment 3 Carlisle, PA 17013 of John M. Glace bl' lace, Esquire m t. ID: 23933 132 13 alnut Street H s g, PA 17101 (717T238-5515 ROBERT M. SHOVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALICIA A. GENTILE DEFENDANT 2010-547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 29, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 08, 2010 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john. Mangan, r. Esq., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2019 jit, f t ? c T ROBERT M. SHOVER, Plaintiff, v. ALICIA A. GENTILE , Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY DOCKET # 10 - 547 CIVIL PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Alicia A. Gentile, the Defendant, in the above captioned matter. Dated: February 25, 2010 am D. Truong Certified Legal Intern Anne ald-Fox, Esq. Supervis' g Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 ~~ ,_~ r ~ C-;: "_i ,; ~..~ -, , -, ; --; ~ ..' -,-~ ~ ~ - crr .. -y; --- 'J7 .-..t ROBERT M. SHOVER, Plaintiff, . v. ALICIA A. GENTILE , Defendant. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY DOCKET # 10 - 547 CIVIL CERTIFICATE OF SERVICE I, Lam D. Truong, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Enter Appearance of the Family Law Clinic on the Plaintiff s attorney of record, John M. Glace, Esq., at 132-134 Walnut Street, Harrisburg, PA, 17101, by depositing a copy of the same in the United States mail, first class, postage prepaid, on February 25, 2010. am D. Truong Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 c~ c_ ~' ~~ ~; ~, m . ; r~ ~ - r ~ r± _ -ii ~. i`.? a~ ~9' - ".~: . ,~ C:.:~ --C M/~1t(. ~ t u ~ u ROBERT M. SHOVER, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-547 CIVIL ACTION LAW ALICIA A. GENTILE, IN CUSTODY Defendant n a ~- ORDER OF COURT ~,'' ,`~ ~- ~ - ~ r-~Y ~_:. AND NOW this ~ ~ day of March 2010, upon consideration of the attaced Cu~'tbdy Conciliation Report, it is Ordered and Directed as follows: _ -~ ,~ ~d ^` ~ ~ w 1. Legal Custody: The Father, Robert Shover, and the Mother, Alicia Gentile, shad have. sh ~d legal custody of Robert Anthony Gentile-Shover, born 03/05/2005. The parties shall~ave equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. In week one, commencing Monday March 08, 2010, Father shall have physical custody of the Child from Monday 5:00 pm until Wednesday 5:00 pm. Father shall then have physical custody of the Child from Friday 5:00 pm until Monday 5:00 pm. b. In week two, Father shall have physical custody of the Child from Tuesday 5:00 pm until Wednesday 5:00 pm. c. The parties shall exchange custody at agreed upon locations; in the absence of agreement, the parties shall exchange custody at the designated times in the Bosler Public Library parking lot in Carlisle, PA d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. In the event that either parent requires a modification of the physical custody schedule, the requesting party shall notify the other party no less than 48 hours beforehand, to the extent possible. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. Father has agreed to not take the Child to mixed martial arts classes when Father has custody of the Child and will not enroll the Child in mixed martial arts classes without Mother's express approval. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. A status conference with the assigned conciliator is hereby scheduled for May 11 2010 at 9.00 am at the Cumberland County Court of Common Pleas, Carlisle, PA. 13. 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, J. Distribution: ,/fohn Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 /Family Law Clinic (Lam Truong, certified legal intern) hn J. Mangan, Esquire c ~r .~ t2~1~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEAR5 Easter Day 1St Half From 9 am until 3 m Mother Father Easter Day 2° Half From 3 m until 9 m Father Mother Memorial Day From 9 am until 9 pm Mother Father Ind endence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween Each parent shall have at least one hour for this holida Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgivin Da Father Mother Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon the day after Thanksgivin Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father Regular Physical Custody Schedule Monda Tuesday Wednesday Thursday Friday Saturday Sunday M D D D M M M D D D D M M D D M M M M M ROBERT M. SHOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• No. 10-547 CIVIL ACTION LAW ALICIA A. GENTILE, 1N CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Robert Anthony Gentile-Shover 03/05/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 08, 2010 with the following individuals in attendance: The Mother, Alicia Gentile, with her counsel, Family Law Clinic, Lam Truong The Father, Robert Shover, with his counsel, John Glace, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John . g ,Esquire Cust ,dy onciliator