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Home My WebLink About10-3840i HYNUM LAW 1L IO ~~! ~:'~ { 0 ~'~ ~ [.~ i6 Michael A. Hynum, Esquire Supreme Court ID #85692 2608 North 3'" Street CU~J~ :; ~~r~,I ~Y Harrisburg, PA 17110 ~''L~~i~::>','L~l':F•.li~ (717) 774-1357 Attorney for Plaintiff DOUGLAS K. GAMBLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER GAMBLE, Defendant No. ~?-3s~o CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Douglas K. Gamble, who is residing at 5312 Greenvillage Road, Chambersburg, PA 17201 with a mailing address at 41 Stewart PI, Shippensburg, PA 17257. 2. The Defendant is Jennifer Gamble, who is residing at 407 William Drive, Shippensburg, PA 17257. 3. Plaintiff seeks custody of the following children: Jessica Sheely 407 William Drive Age 11, Shippensburg, PA 17257 Jenna Sheely 407 William Drive Age 6, Shippensburg, PA 17257 DOB: 1-12-1999 DOB: 8-12-2003 Jaymee Sheely 407 William Drive Age 5, DOB: 9-7-2004 Shippensburg, PA 17257 The minor children were all adopted on February 26, 2010 by Plaintiff and Defendant. The children are presently in the custody of Jennifer Gamble, who is residing at 407 William Drive, Shippensburg PA, 17257. 4. Prior to adoption on Feb 26, 2010, the children did not reside with the Plaintiff or Defendant. Since adoption the children have resided with the following persons and at the following addresses: Mother and Father 407 William Drive Feb 26 -Mar 20, 2010 Shippensburg PA, 17257 Mother 407 William Drive Mar 21, 2010 -Present Shippensburg PA, 17257 The mother of the children is Jennifer Gamble, who is residing at 407 William Drive, Shippensburg PA 17257. The father of the children is Douglas K. Gamble, who is residing at 5312 Greenvillage Road, Chambersburg, PA 17201 with a mailing address at 41 Stewart PI, Shippensburg, PA 17257.. 5. The relationship of Plaintiff to the children is that of Father. 6. The relationship of Defendant to the children is that of Mother. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the children and claims to have custody or visitation rights with respect to the children 10. The best interest and permanent welfare of the children will be served by granting primary physical custody to Father. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons known to Plaintiff who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff requests this Honorable Court grant partial physical custody of the children, Jessica, Jenna, and Jaymee Sheely to him. Respectfully submitted, ~~~~~~p H'f'NUML4W ' ~ ~" '" Michael A. Hynum, q ire Supreme Court ID #8 692 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff I verify that the statements contained in the fon~going COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand #ha# false statements contained herein are made subject #o the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: "~~--- U v `, Douglas .Gamble CERTIFICATE OF SERVICE On this 10th day of June, 2010, I certify that a copy of the foregoing COMPLAINT FOR CUSTODY was served upon the following Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg, PA 17201 `/ ~~~~~-(,~ ~z~~ r HYNUM LAW ~ Michael A. Hynum, Esquire Supreme Court ID #85692 2608 North 3~d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff DOUGLAS K. GAMBLE, Plaintiff v. JENNIFER GAMBLE, Defendant IN THE COURT OF COMMONPLEAS CUMBERLAND COUNTY, PENNSYLVANIA .~ No. ~0 ` 3 ~~D ~'~~ CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, DOUGLAS K. GAMBLE, Plaintiff, to proceed in forma pauperis. I, Michael A. Hynum, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: l~ ~'~ Ml'chaeTA. Hynum,"E: Supreme Court ID #8! Hynum Law 2608 North 3~d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff N t~ f :~ cr] ---1 -!' ~. -~ ~~-c r ~~. ~ / ~. ~ . 4..~ DOUGLAS K. GAMBLE, Plaintiff v. JENNIFER GAMBLE, Defendant. ra ca IN THE COURT OF COMMON PL-E~S CUMBERLAND COUNTY, PENN~~(LVAI~ t ~_ ~ -~ ~_ ; "y 4~ ~:~ CIVIL ACTION -LAW IN CUSTODY PLAINTIFF DOUGLAS K. GAMBLE'S EMERGENCY PETITION FOR SPECIAL RELIEF Plaintiff, by and through their attorneys, HYNUM LAW, files this Petition for Special Relief and avers as follows: 1. Petitioner is Douglas K. Gamble is the father of the minor children Jessica Sheely, Jenna Sheely, and Jaymee Sheely, and Plaintiff in the above-captioned matter; ,`, =r~ _..-! T ~r f`, _k _7; ~~~ petitioner currently resides at 5312 Greenvillage Road, Chambersburg, PA 17201 with a mailing address at 41 Stewart PI, Shippensburg, PA 17257. 2. Respondent is Jennifer Gamble, mother of the minor children Jessica Sheely, Jenna Sheely, and Jaymee Sheely, and Defendant in the above-captioned matter; Respondent currently resides at 407 William Drive, Shippensburg, PA 17257. 3. The minor children currently reside with the Defendant at 407 William Drive, Shippensburg, PA 17257. 4. It is believed and therefore averred that the Defendant has a significant other from out of state residing at the marital residence and home of the children. Plaintiff inquired about the significant other's name but Defendant refused to answer inquiries. 5. Plaintiff has reason to believe that Defendant might leave the jurisdiction with her out of state significant other along with the children. 6. Plaintiff has not been able to see his children, Jessica, Jenna, and Jaymee, since April due to objections from Defendant. 7. Plaintiff was forced to leave the marital home at the advice of the Children's case worker due to the Defendant's blatant relationship and behavior. 8. Plaintiff s children have told their case worker that "they have a new Dad now". Plaintiff is concerned that Defendant's actions are alienating him from his children. 9. Petitioner believes and therefore avers that the minor children will continue to be further alienated if he is not given an expedited hearing so that he can resume seeing his children. WHEREFORE, Petitioner respectfully requests this Court to issue an ORDER preventing Defendant from leaving the jurisdiction with the Children, to allow Plaintiff access to the marital home, and to grant partial physical custody of the Children to him. ~~ ~~ H um aw Michael A. Hynum, E re Attorney I.D. 85692 2608 North 3~d Street Harrisburg, PA 17110 (717) 774-1357 Attorneys for Petitioner VERIFM~AT{~N f aerfy th~f t#~e statements made ~n the foregoing ~'eti<~c~n f~~~ ~~eci~i Re'!~F are tirr.~e ;~-~s~ correct. i understand that false statements herein are n-~ue 5iabje~:t ~.€~ tk~e ~t~aiti~s cif ~'- . _~_ ~_, _ _~` ~ ~ ~,~~~ relating #o unswom fasifica#ior~ to au#hrarities. ~c~~agta~ ~. "..-..,~~,.z~. CERTIFICATE OF SERVICE On this 10th day of June, 2010, I certify that a copy of the foregoing EMERGENCY PETTIION FOR SPECIAL RELIEF was served upon the following Defendant by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg, PA 17201 HYNUM LAW Michael A. Hynum, Esquire Supreme Court ID #85692 2608 North 3`~ Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff DOUGLAS K. GAMBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JENNIFER GAMBLE, Defendant NO. 10-3840 CIVIL TERM ORDER OF COURT AND NOW, this 14~' day of June, 2010, upon consideration of Plaintiff s Emergency Petition for Special Relief, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1 for an expedited conciliation conference, and the Court Administrator is requested to facilitate this referral. PENDING FURTHER order of court, neither party shall relocate the children from Cumberland County, Pennsylvania. Michael A. Hynum, Esq. 2608 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Jennifer Gamble 407 William Drive Shippensburg, PA 17257 Defendant, pro Se ~urtesy Copy: Barbara B. Townsend, Esq. 32 West Queen Street Chambersburg, PA 17201 BY THE COURT, J Court Administrator -~`I~G~°-~~~'~ n _ 6 -~rr~l -~d /t.c~ :rc ~ L ~.S m~ ~L£d~ ^~ c `~ ~. ~ ~ - - Y ~ ~`I ~''~ "(w C. ~ ld `- ~ - , DOUGLAS K. GAMBLE PLAINTIFF l' . JENNIFER GAMBLE DEFf~;NDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBEKL.AND COUNTY, PENNSYLVANIA 2010-3840 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Monday, June 14, 2010 _ upon consideration of the attached Complaint, __ ----- , it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland Count ,Courthouse, Carlisle on Thursday, July O1, 201.0 at 8:30 AM I~~r a Prc-I Ic<n-in~, Cutitody Conf~:rence. At such confere~~~ce, an effort will be made to resolve the issues in dispute; or i{~ this car~s~ot 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. "I'hc court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv 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 19901. For information about accessible facilities and reasonable accommodations availahle t~'~ disabled individuals having business before the court, please contact our office. All arrangements must be made at least ?2 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 [.)O NO"T HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONI THE OFFICE SET FOR"fFf BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~• ~S ~O ~~~ ~~ ~~~ I _ 1 ~ Cumberland County Bar Association ~..~ ~ is 4SJ 32 South E3edford Street ~ `~ ~? ~~''~ vh ~ q Carlisle, Pennsylvania 17013 ~ ~ ^ ~~ ~~ ~-'/5• /O /~O"hCrz (Y~~ t~ -4.~ Telephone (717) 249-3166 - `'ii4-; ~,~~ To wn spa ~ ouJ ~~ ~-~' (o /5•lO Copes ~ laces ~,n s ._ ~~ _..~ ' 0 ~ ~, ., DOUGLAS K. GAMBLE, IN THE COURT OF COMMON PLE,~S N_ d "'F1 Plaintiff CUMBERLAND COUNTY PENN~YAI~A ~ ~ ~ , ~~ ,~ , _~, ~ v. r N O. 10-3840 "~' `}: rv ~ ~; ~, JENNIFER GAMBLE, CIVIL ACTION -LAW ~~' ~„ ; {~ Defendant IN CUSTODY ~ ~ ~ tv -~ CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, do hereby certify that on June 21, 2010, I did serve a copy of the Order of Court entered on June 14, 2010 upon the Defendant Jennifer Gamble by certified mail. Attached hereto is the Domestic Return Receipt evidencing service. I, Michael A. Hynum, Esquire, verify that the statements made in the foregoing certificate of service 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. Date: June 22, 2010 Michael A. Hynum, squire HYNUM LAW 2608 North 3~ Street Harrisburg, PA 17110 (717) 774-1357 Attorney ID No. 85692 ^ Complete items 1, 2, and 3. Also complete !~ re - ' ~ _ item 4 if Restricted Delivery is desir~sd. i.: ^ Print your name and address on the reverse ee so that we can return the card to you. g, R ived by { fed N ' ; C. of ^ Attach this card to the back. of the mailpiece, . , or on the front if space permits. ' 1. Article Addressed to: ~' is ~^~ ~~ different ~ M ite[n f? ^, ~s~r f (~ ~` ~ H YES, enter del(very address lo~ t~ '1\~\~"~~ ` ~~~ ~(~~~ ~~~~~.~C~v~~.~w~ p ~~ y ~~ ~/ 1 l 3. Type ~~~~,~'~J f /v- Y ~ ~ C~ ~ Matl ^ 6q~rees Mall ^~istered m Recel~>t for Merchandise ~. ~~ ^ Insured Mall 0 C.O.D. 4. Restricted Deltvery7 (E~rtra Fee) 2. Article Number 7pp~ ],410 0~~~ d891 194D . {liansfer from sere/ce /abet) PS Form 3811, February 20U4 Domestic Retum Receipt ~o2as~-tt-tsao JUC p 11010 DOUGLAS K. GAMBLE, Plaintiff V. JENNIFER GAMBLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3840 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~, .~ day of -' ~ , 2010, upon consideration of the attached Custody Conciliation R port, it is ordered and. directed as follows: 1. The Father, Douglas K. Gamble and the Mother, Jennifer Gamble, shall have shared legal custody of Jessica Sheely, born January 12, 1999, Jenna Sheely, born August 12, 2003 and Jaymee Sheely, born September 7, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regazding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that pazent shall be required to share the same, or copies thereof, with the other pazent 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 children. 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 pazent 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. Father shall have the right to attend all counseling sessions for the children. Mother shall notify Father of the times for the children's appointments and attempt to schedule the appointments at mutually acceptable times. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody every Wednesday from 4:00 p.m. to 7:00 p.m. and on alternating weekends, the day of his choice (Friday, Saturday or Sunday) at times agreed by the parties. These alternating weekends shall begin the weekend of July 9, 2010. 4. Father shall be responsible for all transportation unless otherwise agreed by the parties. Father is to remain at the car during pick up and drop off. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for September 28, 2010 at 8:30 a.m. BY THE COURT, o.o t/cc: Michael A. Hynum, Esquire, Counsel for Father ,/ Barbara S. Townsend, Esquire, Counsel for Mother C°p%~s ma„'~a~ 7~a/ia ,P~ G J. ° =- ~ - ° ,. ,~; ~-, ,> { -s; +~ ' ~ ~~ _ : ~ _~ .~ ~, ,= -~, -;; r ~ ~ ~ ~~ N ~ ~, -~ DOUGLAS K. GAMBLE, Plaintiff V. JENNIFER GAMBLE, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3840 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Sheely January 12, 1999 Mother Jenna Sheely August 12, 2003 Mother Jaymee Sheely September 7, 2004 Mother 2. A Conciliation Conference was held in this matter on July 1, 2010, with the following in attendance: The Father, Douglas K. Gamble, with his counsel, Michael A. Hynum, Esquire, and the Mother, Jennifer Gamble, with her counsel, Barbara S. Townsend, Esquire. 3. The parties agreed to an Order in the form as attached. r ~' Date: 7 " ~ ~ ~ ~ acq ine M. Verney, Esquire Custody Conciliator DOUGLAS K. GAMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-3840 CIVIL ACTION - LAW JENNIFER GAMBLE, Defendant : IN CUSTODY ORDER OF COURT 2011 ninety days having passed witi?ut- =.} this 17th day of March AND NOW , , , ZZ either party requesting a Conciliation Conference, the Conciliator hereby relir*&he ' jurisdiction in this matter. - FOR THE COURT, ?t " ac line M. Verney, Esquire, C ody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS K. GAMBLE, Civil Action - Law Plaintiff No. 2010 - 3840 VS. JENNIFER GAMBLE, Judge Wesley Oler, Jr. Defendant Custody AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : SS COUNTY OF FRANKLIN Barbara B. Townsend, being duly sworn according to law deposes and says that she served a true and correct copy of the Notice of Proposed Relocation and new Proposed Custody Order upon Douglas Gamble, by certified mail on March 22, 2011, from the United States Post Office in Chambersbur , Pennsylvania. Barbara B. To send Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Renee D. Brenernan, Notary Public Chambersburg Boro, Franklin County My Commission Expires June 9, 2011 C'7 r ' Mrmber, Pennsylvania Association of Notaries C -oz ?- Z ?i r- ,•? n "t 4m.a ^'r1 U.S. POI t?) S CERTIFILD 'NlAiL(Domestic Only; No Insurance Coverage _a provide . 0 Ln ti Postage $ ?' ? Certified Fee G? O (Endorsement Required) 4 Postmark Here Restricted Delivery Fee 0 (Endorsement Required) r-R r` Total Postage & Fees ?, 57 7 i O f? O [!PO BO" No. N ¦ Complete items 1, 2, and 3. Also complete Item 4 If RwftW pellmy is desired, ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If want- a --14- 1. icle Addressed to: -W O-s Li" b" G?w ?rooK Lane_ Ch 4rn ?'jtr5 ? i? r PA CJ Mall 1 ILIm Reoelpt for Merchandise rirnn (rmnsfer from servilbe /a& 7007 0710 0005 6425. 0646 _ . , PS Form 3811, February 20Q4 102595-02-M-1540 if T ts, enter delivery address below: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA `gr,,?- DOUGLAS K. GAMBLE, Plaintiff vs. JENNIFER GAMBLE, Defendant Judge Wesley bier, Jr°. Custody COUNTER-AFFIDAVIT REGARDING RELOCATION 1 ? This proposal of relocation involves the following children: Child's Name Age Address before relocation Jessica M. Sheeley Child's Name Jenna R. Sheeley Child's Name Jaymee L. Sheeley 12 d.o.b. January 12, 1999 Age 7 d.o.b. August 12, 2003 Age 6 d.o.b. September 7, 2004 132 South Earl Street Shippensburg, PA 17257 Address before relocation 132 South Earl Street Shippensburg, PA 17257 Address before relocation 132 South Earl Street Shippensburg, PA 17257 I have received notice of a proposed relocation and 1. I do not object to the relocation and I do not object to the dification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2._ I do not object to the relocation, but I do object to modification of the custody order, and I request a hearing be scheduled: A. prior. to allowing Jessica, Jenna and Jaymee to relocate, Civil Action - Law No. 2010 - 3840 r, c B. after the children relocate. 3. I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit 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 falsifications to authorities). Date: i .? Dou I s K. Gamble, Father