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HomeMy WebLinkAbout04-4844AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6 y y P9"1 Cu?P ?w MARC C. GUALTIERI, CIVIL ACTION - CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff, Audrey A. Gualtieri, is an adult individual who resides at 5165 Wertzville Road, Cumberland County, Pennsylvania. 2. The Defendant, Marc C. Gualtieri, is an adult individual who resides at 1903 Princeton Ave, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS Travis Marc Gualtieri Abagayle Deanne Gualtieri Noah Joseph Gualtieri 5165 Wertzville Road Enola, PA 17025 5165 Wertzville Road Enola, PA 17025 5165 Wertzville Road Enola, PA 17025 4. The children were not born out of wedlock. AGE 12 10 7 5. The children are presently in the custody of Plaintiff who resides at the address indicated above. Defendant, by agreement of the Parties, enjoys periods of visitation. 6. During the past five (5) years, the children have resided with the following persons and at the following addresses: PERSONS Plaintiff Plaintiff ADDRESSES 5165 Wertzville Road Enola, PA 11 C Richland Lane Camp Hill, PA DATES May 2003 -present November 2002- May 2003 1 Plaintiff and Defendant 1903 Princeton Drive Camp Hill, PA 1999-November 2002 7. The Mother of the children is the Plaintiff. She is currently divorced. 8. The Father of the children is the Defendant. He is currently divorced. 9. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the minor children and her parents, John and Susan Paluscio, at the above referenced address. 10. The relationship of the Defendant to the children is that of father. The defendant resides with himself at the above referenced address. 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the children in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of the Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the children's' primary caregiver and has played an active and nurturing hole in the development of the children and the continued relationship would be in the best interests of the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been 2 named as parties to this action. WHEREFORE, Plaintiff, Audrey A. Gualtieri, requests the Court to grant shared legal custody of the children to the parties, award her primary physical custody of the children and periods of visitation to the Defendant. Respectfully submitted, NEALON 8 R, P.C. By: Cj ` James G. Nealon, III, Esquire Attorneyl.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Audrey A. Gualtieri, verify that the statements made in the foregoing Complaint For Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: ?a(® C c, ? o r?r'ii?rT cn '-1 i., r`n '? C> 1 k: j G ?t O\ ^ N -? AUDREY A. GUALTIERI PLAINTIFF V. MAC C. GUALTIERI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4844 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT October 05, 2004 upon consideration of the attached Complaint, ANDNOW, _, the conciliator, Tuesday , Esq. counselappearbeforeJacquelineM Verney at 8.30 AM it is hereby directed that parties and their respective October 26, 2004 3 4th floor, Cumberland Coun Courthouse, Carlisle on Tuesda} effort will be made to rea lve the issues in rspu e; at for aPre-Hearing Custody Conference. At such conference, an the court, and to enter into a temporary fished, to define and narrow the issues to be heard by ear at order the conference may if this cannot be accomp . All children age five or older may also be present at the conference. Failure to app 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. mhc ov By: is/ Tucau- Custody Conciliator .mmon Pleas of Cumberland County is required by law ie comply with the -cessible lease contact our office. reas Americans with Disabilites Act of 1990. For information about ss before the business cou b , ef P ore the eourt e The Court of . You must accommodations available to disabled individuals having business before t, All arrangements must be made at least 72 hours prior to any bun' DO NO attend the scheduled conference or hearing. ONE, GOT THIFEYOU OFFICE SET YOU SHOULD TAKE THIS PAPER TO YOUR O ATTORNEY ATTELEPHONEONCE. HAVE AN ATTORNEY OR CANNOT AFFORD C,G LEGAL HELP. FORTH BELOW TO FIND OUT WHEW Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A'V Georgette Marie Tinkey, Lexi Marie IN THE COURT OF COMMON PLEAS OF Tinkey, Collin J Morton Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04- 4884 CIVIL TERM Peter David Trimble PROTECTION FROM ABUSE Defendant PETITION TO VACATE ORDER AND WITHDRAW 1 LCTION Plaintiff, Georgette Marie Tinkey, by and through heir attorneys, Jessica Diamondstone and Grace E. D'Alo of MidPenn Legal Services requests that the Court vacate the Temporary Protection Order in the above-captioned case and that the action be withdrawn on the grounds that: A Temporary Protection Order was entered on September 28, 2004, by the Court. 2. Plaintiff requests that the Temporary Protection Order be vacated and the action withdrawn without prejudice to her. 3. A certified copy of this Order will be provided to the Police Department(s) by attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, a-4?c C J? ca Diamondstone, Attorney for Plaintiff Grace E. D'Alo, Managing Attorney MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated:Jopfia?Aq orgett Marie Tink ,Plaintiff I, Georgette Marie Tinkey hereby direct MidPenn Legal Services to file a Petition to Vacate Order and Withdraw Action on my behalf Tinkey v Trimble. I understand that upon entry of an Order in this matter that the Court will vacate the Final Protection Order entered on September 28, 2004, and that my Protection From Abuse action will be withdrawn. In addition, I request that no further litigation be filed on my behalf in this case, and I no longer desire that MidPenn Legal Services represent me in this matter at this time. I understand that my Protection From Abuse case will be closed. I have been advised by MidPenn Legal Services staff that: I can contact their offices in the future if I need legal assistance in this or any other matter handled by their program, and that if I meet the program's requirements, they may be able to assist me. Date: fe-rhg2e%arie "-Tinke?; Plaintiff w, 0 40 6-2004 Georgette Marie Tinkey, Lexi Marie Tinkey, Collin J Morton Plaintiff v Peter David Trimble Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 4884 CIVIL TERM PROTECTION FROM ABUSE ORDER OF COURT By Court, i Edgar B. AND NOW, this 30a' day of September 2004, upon consideration of the attached Petition, the Temporary Protection Order in the above-captioned case entered on September 28, 2004, is hereby vacated and the action withdrawn without prejudice to Plaintiff. A certified copy of this Order shall be provided to the Police Department(s) by Plaintiff s attorney. Jessica Diamondstone, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Peter David Trimble 115 East Woodland Drive Mechanicsburg PA 17055 ?'? ,? ' ? F_? ?- ,???: ?;, ;; ?? ?; . _ ?? ?? ?,:_ ?? ? - _.,, ,._ ?: ?? ?_ ??.. ? ;; e? BROADCAST REPORT TIME 10/06/2004 15:25 NAME PROTHONOTARY C LONG FAX 7172406573 TEL SER.# BROH3J606381 PAGE( S) 02 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 10106 10/06 15:23 15:24 PSP CENTRAL PROSSIN 0 oll OK ECM 10106 15:25 LEGAL SERVICE 2 36 0 2 02 OK ECM OK ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION CV COVERPAGE PC PC-FAX AUDREY A. GUALTIERI, Plaintiff V. MARC C. GUALTIERI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4844 CIVIL ACTION - CUSTODY STIPULATION The Parties hereby stipulate that the Order attached hereto as "Exhibit A" represents their agreement and may be entered as an Order of Court. -- (17 _ MARC C. GU ERI f 1 7 t ` ri I In OCT 2 6 2004 1 AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4844 CIVIL TERM MAC C. GUALTIERI, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 26`" day of October, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, Ci ody Conciliator rc.,1 r - I C, -,1I !"II] u7, 4 J AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION - CUSTODY Defendant - ORDER 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Travis Marc Gualtieri (DOB 5/11/92), Abagayle Deanne Gualtieri (DOB 10/7/93) and Noah Joseph Gualtieri (DOB 10/22/96) (collectively referred to hereinafter as "children"). The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §53091 each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Marc C. Gualtieri ("Father) shall have physical custody of the children from Monday morning at 8:00 a.m. until Wednesday at 8:30 p.m. 3. Audrey A. Gualtieri ("Mother") shall have physical custody of the children from Thursday at 8:30 p.m. until Friday at 8:00 a.m. If Mother is not working, the Parties will cooperate to allow Mother to pick up the children earlier. 4. Father shall have custody of the children from Friday at 8:00 a.m. until Friday at 5:00 p.m. 5. Mother shall have physical custody of the children from Friday at 5:00 p.m. until Monday at 8:00 a.m. If Mother is not working on Friday, the Parties will cooperate to allow Mother to pick up the children earlier. 6. Mother and Father will alternate physical custody of the children for the period from Wednesday at 8:30 p.m. until Thursday at 8:00 a.m., such that one week that period shall be exercised by Father and the next week that period shall be exercised by Mother. If Mother is not working on Wednesday, during her period of custody, the Parties will cooperate to allow Mother to pick up the children earlier. The parent who does not have custody during the Wednesday time period shall have the right to take the children to school on Thursday. 7. Mother and Father shall divide the holidays of Christmas, Thanksgiving, and Easter in as equal a manner as possible, with the exact details to be agreed upon between them. 8. Mother and Father shall negotiate the issue of extended periods of summertime vacation based upon their respective vacation schedules. 9. Father and Mother agree that in the event they cannot personally provide custodial care for the children for an extended period of time, a period of 3 hours or greater during the children's normal waking hours and always in the event of an overnight period, they shall ask the other parent if they would like to care for the children prior to requesting care from an unrelated third party. If one or more of the children desire to spend this time with the custodial parent's parents and they are available, the child) may do so. Each parent will exercise care in screening babysitting/childcare providers. Each parent should have the right of veto over childcare providers, which veto shall not be unreasonably exercised. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the children may be contacted at all times when the children are in their care. 10. The parties shall be provided reasonable phone access with the children while they are in the care of the other parent. The parties shall ensure that the children have privacy during phone conversations with either parent. 11. The non-custodial parent shall be entitled to reasonable telephone contact with the children when in the custody of the custodial parent. 12. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children whether the children are sleeping or awake. Each party shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the! other by the appropriate role name such as Mom, Dad, your Grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as intermediaries. Each party should encourage their children to send the appropriate holiday cards to the other parent. 13. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 14. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. BY THE COURT lvr' r." y ????????d?C?? ? p ? ? 1 ? 1 ?' ?a? ?B?Z ??: CERTIFICATE OF SERVICE AND NOW, this 25th day of October 2004, 1 hereby certify that I have served the foregoing Stipulation on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Mark C. Gualtied 1903 Princeton Avenue Camp Hill, PA 17011 James G. Nealon, III, Esquire AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY AND COMES NOW, the Petitioner, Marc C. Gualtieri, by and through his attorneys, James, Smith, Dietterick & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following Petition to Modify Custody and in support thereof, respectfully represents as follows: 1. The Petitioner is Marc C. Gualtieri, who currently resides at 1903 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Audrey A. Gualtieri, who currently resides at 5165 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are the parents of three minor children: Travis M. Gualtieri, born May 11, 1992; Abagayle D. Gualtieri, born October 7, 1993; and Noah J. Gualtieri, born October 22, 1996.. 4. An Order was entered by agreement of the parties dated November 1, 2004. A copy of said Order is attached hereto and marked Exhibit "A". 5. There are periods of custodial time which are not addressed in the Order and the Order itself, after practical implementation, has proved unworkable. It is necessary for the Court to modify the Order to address the entire custodial situation. 6. The existing Order provides for the division of Christmas, Thanksgiving and Easter without detail and does not address other major holidays, nor is it specific as to vacations. 7. The Petitioner believes and therefore avers that it was the parties' intent, when entering the Order, to equally share legal and physical custody of the children, however, because of the wording of the Order, the goal of the parties has not been accomplished. WHEREFORE, your Petitioner, Marc C. Gualtieri, respectfully requests that the Court modify the existing Order to add specific details and establish a workable, equally shared custody arrangement between the parents. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: By: ", a ?V (Jo J. onne y, Jr., Esquire orn fo titioner Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: /A - ?U _?) T c? mot/` EXHIBIT "A OCT ? 8 ?ZUfl4 f AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION - CUSTODY Defendant ORDER 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Travis Marc Gualtieri (DOB 5/11/92), Abagayle Deanne Gualtieri (DOB 10/7/93) and Noah Joseph Gualtieri (DOB 10/22/96) (collectively referred to hereinafter as "children"). The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309= each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Marc C. Gualtieri ("Father) shall have physical custody of the children from Monday morning at 8:00 a.m. until Wednesday at 8:30 p.m. 3. Audrey A. Gualtieri ("Mother") shall have physical custody of the -children from Thursday at 8:30 p.m. until Friday at 8:00 a.m. If Mother is not working, the Parties will cooperate to allow Mother to pick up the children earlier. 4. Father shall have custody of the children from Friday at 8:00 a.m. until Friday at 5:00 p.m. 5. Mother shall have physical custody of the children from Friday at 5:00 p.m. until Monday at 8:00 a.m. If Mother is not working on Friday, the Parties will cooperate to allow Mother to pick up the children earlier. 6. Mother and Father will alternate physical custody of the children for the period from Wednesday at 8:30 p.m. until Thursday at 8:00 a.m., such that one week that period shall be exercised by Father and the next week that period shall be exercised by Mother. If Mother is not working on Wednesday, during her period of custody, the Parties will cooperate to allow Mother to pick up the children earlier. The parent who does not have custody during the Wednesday time period shall have the right to take the children to school on Thursday. 7. Mother and Father shall divide the holidays of Christmas, Thanksgiving, and Easter in as equal a manner as possible, with the exact details to be agreed upon between them. 8. Mother and Father shall negotiate the issue of extended periods of summertime vacation based upon their respective vacation schedules. 9. Father and Mother agree that in the event they cannot personally provide custodial care for the children for an extended period of time, a period of 3 hours or greater during the children's normal waking hours and always in the event of an overnight period, they shall ask the other parent if they would like to care for the children prior to requesting care from an unrelated third party. If one or more of the children desire to spend this time with the custodial parent's parents and they are available, the child) may do so. Each parent will exercise care in screening babysittinglchildcare providers. Each parent should have the right of veto over childcare providers, which veto shall not be unreasonably exercised. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the children may be contacted at all times when the children are in their care. 10. The parties shall be provided reasonable phone access with the children while they are in the care of the other parent. The parties shall ensure that the children have privacy during phone conversations with either parent. 11. The non-custodial parent shall be entitled to reasonable telephone contact with the children when in the custody of the custodial parent. 12. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children whether the children are sleeping or awake. Each party shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your Grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as intermediaries. Each party should encourage their children to send the appropriate holiday cards to the other parent. 13. The parent with physical custody during any given period of time shall communicate in a Prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 14. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. BY THE CO RT HE 0 A r?o?m& IAAJ "TRUE COPY FRCOM FpE ORD in S . stimony whcr -of, I 'here, unto set my hand an a seal of sai Co rt at ariisle, Pa. Proth notary AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION -LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Marc C. Gualtieri, hereby certify that I have served a copy of the foregoing Petition to Modify Custody on the following on the date and in the manner indicated below: U.S MAIL, FIRST CLASS, PRE-PAID James G. Nealon, 111, Esquire 2411 North Front Street Harrisburg, PA 17110 JAMES, SMITH, DIETTERICK & CONNELLY LLP DATE: 12 U `? By: ?AttjZy lly, Jr., squir or tition e st Ox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ;ri 9? j, p D -5-15 cn to AUDREY A. GUALTIERI, Plaintiff VS. MARC C. GUALTIERI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-4844-CV : CUSTODY ACTION PETITION TO RELOCATE 1. Plaintiff/Petitioner, Audrey A. Gualtieri, is an adult individual who resides at 5165 Wertzville Road, Enola, Cumberland County, Pennsylvania. 2. Defendant/Respondent, Marc C. Gualtieri, is an adult individual who resides at 1903 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of three (3) minor children, Travis Marc Gualtieri, 13, Abagayle Deanne Gualtieri, 11, and Noah Joseph Gualtieri, 8. 4. On or about October 27, 2004, the parties entered into a Stipulation for the Entry of a Custody Order. As a result, on November 1, 2004, this Honorable Court, through the Honorable Kevin A. Hess, issued a Custody Order. A true and correct copy of the Custody Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. Paragraph 14 of the Order prohibits either party from relocating beyond a fifty (50) mile radius. 6. Joseph L. Buehring is the fiancee of Audrey A. Gualtieri. 7. Mr. Buehring is currently in the United States Navy with a rank of E-6. He is a nuclear mechanic. Currently he is assigned to the Department of Energy as an escort of special materials. & In June of 2005, Mr. Buehring will be reassigned to a Naval base in Bangor, Washington. Mr. Buehring has no control over the assignment and is required to report as ordered. 9. If the children are permitted to move, it will result in a substantial improvement in the quality of their life. The household income of the Plaintiff will triple. The children will be exposed to diverse cultural experiences and travel opportunities. 10. Petitioner/Plaintiff does not desire to move to frustrate the visitation rights of Defend ant/Respondent. 11. Plaintiff/Petitioner is prepared to offer reasonable alternative visitation. WHEREFORE, Plaintiff/Petitioner, Audrey A. Gualtieri, urges this Honorable Court to permit her to relocate to Bangor, Washington. Respectfully submitted, NEALON & VER, P.C. C? - By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: i i 2 AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION - CUSTODY Defendant STIPULATION The Parties hereby stipulate that the Order attached hereto as "Exhibit A" represents their agreement and may be entered as an Order of Court. MARC C. GU ERI n a o ' -t n n r N ?p -t `..,, C.i ?Cn C - - ,G AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION - CUSTODY Defendant ORDER 1. it is the intention of the parties and the parties agree that they will have shared legal custody of Travis Marc Gualtied (DOB 5/11/92), Abagayle Deanne Gualtied (DOB 1017193) and Noah Joseph Gualtieri (DOB 10/22/96) (collectively referred to hereinafter as "children"). The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other, Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309,. each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Marc C. Gualtieri ("Father) shall have physical custody of the children from Monday morning at 8:00 a.m. until Wednesday at 8:30 p.m. 3. Audrey A. Gualtieri ("Mother") shall have physical custody of the children from Thursday at 8:30 p.m, until Friday at 8:00 a.m. If Mother is not working, the Parties will cooperate to allow Mother to pick up the children earlier. 4. Father shall have custody of the children from Friday at 8:00 a.m. until Friday at 5:00 p.m. 5. Mother shall have physical custody of the children from Friday at 5:00 p.m. until Monday at 8:00 a.m. If Mother is not working on Friday, the Parties will cooperate to allow Mother to pick up the children earlier. 6. Mother and Father will alternate physical custody of the children for the period from Wednesday at 8:30 p.m. until Thursday at 8:00 a.m., such that one week that period shall be exercised by Father and the next week that period shall be exercised by Mother. If Mother is not working on Wednesday, during her period of custody, the Parties will cooperate to allow Mother to pick up the children earlier. The parent who does not have custody during the Wednesday time. period shall have the right to take the children to school on Thursday. 7. Mother and Father shall divide the holidays of Christmas, Thanksgiving, and Easter in as equal a manner as possible, with the exact details to be agreed upon between them. 8. Mother and Father shall negotiate the issue of extended periods of summertime vacation based upon their respective vacation schedules. 9. Father and Mother agree that in the event they cannot personally provide custodial care for the children for an extended period of time, a period of 3 hours or greater during the children's normal waking hours and always in the event of an overnight period, they shall ask the other parent if they would like to care for the children prior to requesting care from an unrelated third party. If one or more of the children desire to spend this time with the custodial parent's parents and they are available, the child) may do so. Each parent will exercise care in screening babysitting/childcare providers. Each parent should have the right of veto over childcare providers, which veto shall not be unreasonably exercised. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the children may be contacted at all times when the children are in their care. 10. The parties shall be provided reasonable phone access with the children while they are in the care of the other parent. The parties shall ensure that the children have privacy during phone conversations with either parent. 11. The non-custodial parent shall be entitled to reasonable telephone contact with the children when in the custody of the custodial parent. 12. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children whether the children are sleeping or awake. Each party shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your Grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as intermediaries. Each party should encourage their children to send the appropriate holiday cards to the other parent. 13. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 14. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum of sixty (60) days to the other parry. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. TRUE COPY In Te imony where en? sal of said Th Xf FROM RECORD I here?wto set my hand nrrtt At/Carlisie. Pa. CERTIFICATE OF SERVICE AND NOW, this 25th day of October 2004, 1 hereby certify that I have served the foregoing Stipulation on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Mark C. Gualtied 1903 Princeton Avenue Camp Hill, PA 17011 V James G. Nealon, III, Esquire CERTIFICATE OF SERVICE AND NOW, this (b ?day of January, 2005, I hereby certify that i have served the foregoing Petition to Relocate on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John C. Connelly, Jr. James Smith Dietterick & Connelly LLP P O Box 650 Hershey, PA 17033 James G. Nealon, Ill ?e3 r ro ? l AUDREY A. GUALTIERI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. MARC C. GUALTIERI DEFENDANT 04-4844 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 02, 2005 , 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 Tuesday, February 08, 2005 at 8:30 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. All children age five or older may also be present at the conference. 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: Js/ Jacqueline M. Verney, S- 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 ;kv ?? ? 10 FEB 1 0 2005^ q AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARC C. GUALTIERI, : NO. 2004-4844 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of f 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No.of the Cumberland County Court House, on the 16V day of ?_, 2005, at o'clock, -. M., at which time testimony will ear purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court shall remain in full force and effect with the following modifications and additions: 3. The parties shall cooperate in a custody evaluation to be performed by Arnold Shienvold. Costs of said evaluation shall be shared by the parties. 4, Paragraph 9 of the prior Order of Court is hereby deleted and replaced with the following: In the event that either party is in need of custodial care for the children for more than three hours and always in the event of an overnight period, they shall contact the non-custodial parent and offer said time to the non-custodial parent. The custodial parent shall provide as much advance notice as possible and in this regard the parties shall exchange work schedules promptly upon receipt. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. t+4 oz :zlw 1193)Sid BY THE COURT, cc: John J. Connelly, Jr., Esquire, counsel fo-Hither James G. Nealon, III, Esquire, counsel for Mother ?? ???,? of-/S=OS FEB 1 0 2005?-?, AUDREY A. GUALTIERI, Plaintiff V. MARC C. GUALTIERI, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-4844 CIVIL TERM : 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 Travis M. Gualtieri May 11, 1992 shared Abagayle D. Gualtieri October 7, 1993 shared Noah J. Gualtieri October 22, 1996 shared 2. A Conciliation Conference was held February 8, 2005 with the following individuals in attendance: The Father, Marc C. Gualtieri, with his counsel, John J. Connelly, Jr., Esquire, and the Mother, Audrey A. Gualtierii, with her counsel, James G. Nealon, III, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court pursuant to stipulation of the parties on November 1, 2004. Father has filed a Petition to Modify Custody and Mother has filed a Petition to Relocate. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father sought a modification because he believed his custodial time was being diminished since mother recently changed her work schedule. Father is opposed to Mother's relocation. When the parties first separated, father rearranged his work schedule so that he could be with the children during the week since that is when mother worked. Father works every weekend. Mother has recently changed her work schedule and the language of the existing Order is ambiguous but could be read to give mother more time than originally anticipated. With regard to relocation, Mother seeks to move to the state of Washington with her fiancee who is in the Navy. Father maintains that it is in the children's best interest to remain in Cumberland County as they have lived here their entire lives, have attended the same schools all of their lives and all of mother's extended family lives here. The parties have agreed to a custody evaluation by Arnold Shienvold, which they will share the costs thereof. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an extended period in the summer and spring and Christmas breaks. Mother wishes to relocate to Washington State. Mother asserts that once she and her fiancee are married and relocate, the household income will triple. Mother indicates that she will not relocate without the children. If she does not relocate, she is seeking an Order similar to the one currently in place. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current Order which granted. the parents shared legal custody, and shared physical custody. (Mother has 9 overnights in 14 days, but Father has the children during the day.) It is expected that the Hearing; will require one day. Date acq line M. Verney, Esquire Custody Conciliator AUDREY A. GUALTIERI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 04-4844 CIVIL MARC C. GUALTIERI, Defendant IN CUSTODY ORDER AND NOW, this day of June, 2005, following conference call with counsel, the hearing set for Wednesday, June 15, 2005, is continued. Continued hearings shall be held, if necessary, on July 21, 2005, commencing at 9:00 a.m., on August 4, 2005, commencing at 10:30 a.m., and on August 19, 2005, commencing at 2:00 p.m. BY THE COURT, XMcs Nealon, Esquire For the Plaintiff ,Yohn J. Connelly, Jr., Esquire For the Defendant Arn , 6110 DIP ^.J^.? a.? 1 -8 WV S- Or SOOZ AMONIOu, i! oUd 3H130 AUDREY A. GUALTIERI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : NO. 04-4844 CIVIL MARC C. GUALTIERI, Defendant IN CUSTODY IN RE: PETITION TO RELOCATE INTERIM ORDER AND NOW, this 2 S ' day of August, 2005, following hearings and lengthy consideration of the testimony adduced, the petition of the plaintiff to relocate is herewith DENIED. Pending entry of a final order in this case, counsel are requested to submit their proposals for implementation/modification of the existing order in light of the interim order entered this date. It is directed that counsel's proposals be submitted within thirty (30) days hereof. ,Xames Nealon, Esquire For the Plaintiff ohn J. Connelly, Jr., Esquire For the Defendant :rlm o? BY THE COURT, OFTHEL?'?JFiI ih7i},pv 200511" 25 AN H, 26 Gi ,', u,`a y ?CI ?7Vi,?u A r AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Zi' day of ?>? _, 2005, after hearings in the above-captioned matter on Thursday, August 4, 2005, Wednesday, August 17, 2005 and Friday, August 19, 2005, the following Order is entered: The Plaintiff is Audrey A. Gualtieri, hereinafter referred to as "Mother" The Defendant is Marc C. Gualtieri, hereinafter referred to as "Father". The parties shall share legal custody of the minor children, Travis M. Gualtieri, born May 11, 1992; Abagayle D. Gualtieri, born October 7, 1993; and Noah J. Gualtieri, born October 22, 1996. 4. The Father shall have primary physical custody based on the following schedule: a. Father will have the children for the entire school year except as specifically set forth below. b. Mother will have the children for the summer school vacation beginning one week after school ends until ten (10) days before the children :return to school. C. The parties shall alternate the Thanksgiving school holiday with the Father having Thanksgiving in odd numbered years and the Mother in even numbered years. During years in which Mother has the Thanksgiving holiday, the children will travel to Mother's home on the Tuesday preceding Thanksgiving and shall return on the Monday following Thanksgiving. ;sa?r-{l? lla d. During odd numbered years, Mother will have the Christmas school vacation from the day school is out until two (2) days before school is in session, at which point the children shall return to the custody of their Father. In even numbered years, Father will have the Christmas school vacation. If Mother returns to the area during the Christmas vacation in even numbered years, she shall have the children from December 27`h until the evening before school begins. In even numbered years, Mother will have the alternative, with the agreement of the children, to fly back to Washington State or another agreed upon location with the children for the period of December 27th until two (2) days before school begins. e. Mother shall have each Easter/Spring break: holiday. Father shall arrange to have the children excused from school in a number of days that will permit Mother seven (7) days of partial custody to include travel days. f. Mother shall have four (4) separate weeks during the school year with the children if she travels to the area. The children will reside with Mother at her Mother's house during the week of partial custody. Mother shall provide a minimum of thirty (30) days' notice of her intent to return to the area. In the event Mother takes any of her weeks during the children's birthdays, the weeks of the children's birthdays can only be exercised by the Mother on an alternating year basis. For example, should Mother exercise the week of each of the children's birthdays during 2006, her four (4) weeks in 2007 would not encompass the birthdays of the children. During Mother's weekly periods of custody referred to in this paragraph, Father shall have a right to access to the children several times during the week by taking them to lunch during the school day. 5. Father will provide the maternal grandparents access to the minor children during his period of custody in the school year. Access shall include occasional overnights. 2 Father and Mother both agree to install high speed internet connections at their respective residences with webcams so that the children can communicate effectively and regularly with the parent not in custody. The parents will work together to ensure whenever possible that the children will not miss major school activities or events when implementing this schedule. By the Court, J. c? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ.. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&kopelaw.com AUDREY A. BUEHRING formally AUDREY A. GUALTIERI Plaintiff vs. MARC C. GUALTIERI Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 04-4844 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER 1. The Plaintiff is Audrey A. Buehring, formally Audrey Gualtieri, the natural Mother of the children, currently residing at 7660 Harbor View Drive, NE, Poulsbo, WA 98370. 2. The Defendant is Marc C. Gualtieri, the natural Father of the children, currently residing at 1903 Princeton Ave, Camp Hill, Cumberland County, PA 17011. 3. An Order of Court was entered by this Honorable Court on November 1, 2004 wherein the Mother and Father share legal and physical custody of the minor children according to the following schedule: Father had physical custody from Monday morning at 8:00 am until Wednesday at 8:30 pm and Friday from 8:00 am until Friday at 5:00 pm; Mother had physical custody from Thursday at 8:30 pm until Friday at 8:00 am and Friday at 5:00 pm until Monday at 8:00 am. Wednesday from 8:30 pm until Thursday at 8:00 pm alternated between both parties. See attached Order marked Exhibit "A". 4. The Order also stated that neither party shall permanently relocate if it would exceed a fifty (50) mile radius. 5. After this Order was issued the Plaintiff's personal situation changed. Her fiancee Joseph Buehring, who is in the Navy, was relocated to Washington State. The Plaintiff filed a Petition to Relocate to allow her to move with the children to Washington State. See attached Petition marked Exhibit "B". 6. After several hearings the Honorable Kevin A. Hess denied the Petition to Relocate on August 25, 2005. See attached Order marked Exhibit "C". 7. A final Order of Court was entered by this Honorable Court on December 21, 2005 wherein the Plaintiff was granted partial custody for the summer school vacation beginning one (1) week after school ends until ten (10) days before the children return to school, alternating Thanksgiving and Christmas holidays and the Easter/spring break holiday to include seven (7) days including travel time. See attached Order marked Exhibit "D". 8. Plaintiff seeks to modify the current Order of Court so that she has primary physical and shared legal custody of the following children. NAME Travis Marc Gualtieri PRESENT RESIDENCE AGE DATE OF BIRTH May 11, 1992 October 7, 1993 1903 Princeton Ave, Camp Hill, PA 14 years Abagayle Deanne Gualtieri 1903 Princeton Ave 13 years Camp Hill, PA Noah Joseph Gualtieri 1903 Princeton Ave 10 years October 22, 1996 Camp Hill, PA 9. Travis was born out of wedlock, Abagayle and Noah were born in wedlock. 10. The children are presently residing primarily with Defendant. 11. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Marc C. Gualtieri 1903 Princeton Ave June 2005 - present Audrey A. Buehring Audrey A. Buehring Camp Hill, PA 5165 Wertzville Road Enola, PA 11 C Richard Lane Camp Hill, PA May 2003 - June 2005 Nov. 2002 - May 2003 12. The mother of the children is Audrey A. Buehring, the named Plaintiff, currently residing at 7660 Harbor View Drive, NE, Poulsbo, WA 98370. She is married. 13. The father of the children is Marc C. Gualtieri, the named Defendant, currently residing at 1903 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania. He is married. 14. The relationship of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Joseph Buehring Husband 15. The relationship of Defendant to the children is that of Father. Defendant currently resides with the following persons: NAME RELATIONSHIP Angela Gualtieri Wife Nicholas Marquart Step-Son 16. Plaintiff has participated as a party in previous litigation concerning the custody of the children. 17. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. Plaintiff requests primary physical and shared legal custody of the children. 19. The best interest and permanent welfare of the children will be served by granting relief as requested because: (a) If the Plaintiff is granted primary physical custody of the children it will result in a substantial improvement in the quality of their life. The children will also be exposed to diverse cultural experiences and travel opportunities; (b) The children have been to Washington for spring break, summer vacation and the past Thanksgiving holiday to be with the Plaintiff and have enjoyed their extended visits. They have become adjusted to the area and have acquired several friends. The children have expressed their desire to move to Washington State to live primarily with the Plaintiff. Said desire has been expressed primarily by Abagayle and Noah; (c) Plaintiff is able to provide a stable home and emotional environment for the children. Specifically, Plaintiff's husband is in the Navy and is able to provide a high quality of life and substantial opportunities for the children. The children have established an extremely close relationship with Plaintiff's husband and prefer to talk to him over the Defendant; (d) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. While in the Plaintiff's home the children will be able to have their own bedrooms; and (e) Defendant has evidenced a violent temper to which the children are often exposed. This temper has made the children openly fearful of their Father. 20. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the children. Respectfully Submitted, KOPE & ASSOCIATES, LLC r By: r Lesley J am, Esq. Dated: 'f'?/o?r '? OCT 2 8 ?004 AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION - CUSTODY Defendant ORDER 1. it is the intention of the parties and the parties agree that they will have shared legal custody of Travis Marc Gualtieri (DOB 5/11/92), Abagayle Deanne Gualtieri (DOB 10/7/93) and Noah Joseph Gualtieri (DOB 10/22/96) (collectively referred to hereinafter as "children"). The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify :the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. In accordance with 23 EXHIBIT c? A Pa.C.S.A. §5309= each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. 2. Marc C. Gualtieri ("Father) shall have physical custody of the children from Monday morning at 8:00 a.m. until Wednesday at 8:30 p.m. 3. Audrey A. Gualtieri ("Mother") shall have physical custody of the children from Thursday at 8:30 p.m. until Friday at 8:00 a.m. If Mother is not working, the Parties will cooperate to allow Mother to pick up the children earlier. 4. Father shall have custody of the children from Friday at 8:00 a.m. until Friday at 5:00 p.m. 5. Mother shall have physical custody of the children from Friday at 5:00 p.m. until Monday at 8:00 a.m. If Mother is not working on Friday, the Parties will cooperate to allow Mother to pick up the children earlier. 6. Mother and Father will alternate physical custody of the children for the period from Wednesday at 8:30 p.m. until Thursday at 8:00 a.m., such that one week that period shall be exercised by Father and the next week that period shall be exercised by Mother. If Mother is not working on Wednesday, during her period of custody, the Parties will cooperate to allow Mother to pick up the children earlier. The parent who does not have custody during the Wednesday time period shall have the right to take the children to school on Thursday. 7'. Mother and Father shall divide the holidays of Christmas, Thanksgiving, and Easter in as equal a manner as possible, with the exact details to be agreed upon between them. 8. Mother and Father shall negotiate the issue of extended periods of summertime vacation based upon their respective vacation schedules. 9. Father and Mother agree that in the event they cannot, personally provide custodial care for the children for an extended period of time, a period of 3 hours or greater during the children's normal waking hours and always in the event of an overnight period, they shall ask the other parent if they would like to care for the children prior to requesting care from an unrelated third party. If one or more of the children desire to spend this time with the custodial parent's parents and they are available, the child) may do so. Each parent will exercise care in screening babysitting/childcare providers. Each parent should have the right of veto over childcare providers, which veto shall not be unreasonably exercised. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the children may be contacted at all times when the children are in their care. 10. The parties shall be provided reasonable phone access with the children while they are in the care of the other parent. The parties shall ensure that the children have privacy during phone conversations with either parent. 11. The non-custodial parent shall be entitled to reasonable telephone contact with the children when in the custody of the custodial parent. 12. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children whether the children are sleeping or awake. Each party shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your Grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as intermediaries. Each party should encourage their children to send the appropriate holiday cards to the other parent. 13. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 14. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. BY THE OURT 1, 200 /,5 TRUE COPY FROM, RECORD In Testimony v.; ci, I here unto set my hand an he seal of sap icurt , arli`sl?e, Pa. T Vi ........?. f... l.l?.:? .... N -A A A n../{ n n ^-VI% /1 AUDREY A. GUALTIERI, Plaintiff VS. MARC C. GUALTIERI, : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.04-4844-CV CUSTODY ACTION PETITION TO RELOCATE 1. Plaintiff/Petitioner, Audrey A. Gualtieri, is an adult individual who resides at 5165 Wertzville Road, Enola, Cumberland County, Pennsylvania. 2. Defendant/Respondent, Marc C. Gualtieri, is an adult individual who resides 1903 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of three (3) minor children, Travis Marc Gualtieri, 13, Abagayle Deanne Gualtieri, 11, and Noah Joseph Gualtieri, 8. 4. On or about October 27, 2004, the parties entered into a Stipulation for the Entry of a Custody Order. As a result, on November 1, 2004, this Honorable Court, through I the Honorable Kevin A. Hess, issued a Custody Order. A true and correct copy of the Custody Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. Paragraph 14 of the Order prohibits either party from relocating .beyond a fifty (50) mile radius. 6. Joseph L. Buehring is the fiancee of Audrey A. Gualtieri. 7. Mr. Buehring is currently in the United States Navy with a rank of E-6 'He is a nuclear mechanic. Currently he is assigned to the Department of Energy as an escort of special materials. EXHIBIT a 8. In June of 2005, Mr. Buehring will be reassigned to a Naval base in Bangor, Washington. Mr. Buehring has no control over the assignment and is required to report as ordered. 9. If the children are permitted to move, it will result in a.substantial improvement -in the quality of their life. The household income of the Plaintiff will triple. The children will be exposed to diverse cultural experiences and travel opportunities. 10. Petitioner/Plaintiff does not desire to move to frustrate the visitation rights of Defendant/Respondent. 11. Plaintiff/Petitioner is prepared to offer reasonable alternative visitation., WHEREFORE, Plaintiff/Petitioner, Audrey A. Gualtied, urges this Honorablei,Court.to permit her to relocate to Bangor, Washington. Respectfully submitted, NEALON & GOVER, P.C.. By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA. ,17110 (717) 232-9900 Date: 2 AUDREY A. GUALTIERI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-4844 CIVIL MARC C. GUALTIERI, Defendant IN CUSTODY IN RE: PETITION TO RELOCATE INTERIM ORDER AND NOW, this ,Z -I-'o day of August, 2005, following hearings and lengthy consideration of the testimony adduced, the petition of the plaintiff to relocate is herewith DENIED. Pending entry of a final order in this case, counsel are requested to submit their proposals for implementation/modification of the existing order in light of the interim order entered this date. It is directed that counsel's proposals be submitted within thirty (30) days hereof. BY THE COURT, ames Nealon, Esquire For the Plaintiff /ohn J. Connelly, Jr., Esquire For the Defendant Am EXHIBIT a o`? 03/15/2007 12:48 FAX POULSBO 1jt011/013 AUDREY A- GU AtrT M, Plaintiff . v, MARC C, GUALTIEK4 pef endant C A01111k, TN TIdE COLTI T OF CUB FFNNS L ANA CUj M2RLAND CO a NO. 04-4844 CNIL ACTION -LAW IN CUSTODY 2005, after hearings in the AND NOW, Us Z i "day of above-captioned matter on Thursday, AuSust 4, 2005, Wednesday, August 17, 2005 and Friday, }august 19'2005, t11o following Order is entered: 1. The Plaintiff is Audrey A- Gualdeli, Jxeinafter referred to as "Mather". 2. The Dcfendant is Mme C, Gualtieri, hereinafter referred to as "Father". 3. The parties s11all share legal custody of Tito minor children, Travis M. Gualtieri, born NUy'11, 1992; Abagayle D, Gualtier4 born October 7,1993; awl Noah, J. Gua.lfti, born October 22,1996, 4, -rhe Father shall leave prijmM physical custody based ou the following schedule; a. Father will have the children for the entire school year exccPt ns specifically set forth below. b, Mother will have the children for the summer school vacation bcgftming one week after school ends until ten (10) days before the children return to school. C. The parties shall alternate the Thanksgiving school holiday with the Father having Thanksgiving in odd numbered years and the Mother in. even numbered years. During years ui whioh Mother has the Thanksgiving hDbday,1110 children will travel to Mother's home on the Tuesday preceding Thanksgiving and shall returni on the Monday following Thai*zgiving., EXHIBIT 03/13/2007 1249 FAX POULSBO 1& 012/013 d. During odd numbered years, Mother Will have the Christmas school vacation from the day school is out until two (2) days before school is in sessioil, at which point the children shall retmm to the custody of their Fatbor. In even numbered years, Farber will bave the Christmas school vacation. If Motber returns to the area during the Christ llas vacati oil in even numbered years, site shall have the children ftonn December 27'x' until the eveOng before school begins. B even numbered year's, Mother will have the alternative, with the agrecanent of thei children, to fly back to Washington State or anonber agreed upon location with the obildren for the period of December 27`x' until two (2) days before school begins. E. Mother shall have eaeb Easter/Spring break holiday. Father shall amange to have the children excused from school in a number of days that wilJ permit Mother seven (7) days of partial custody to include travel days. t Mother shall have faux (4) separate weeks during the school year with the children if she travels to the area. The children will reside with Mother at ber Mother's house during the weep of partial custody. Mother shaU provide a ininimum of thirty (30) days' notice of her intent to romm to the area. In the event Mother takes any of her weeks during the children's birthdays, the weeks of the children's birthdays can only be exercised by the Mother on an altematino year basis, For example, should Mother exercise the week of each, of the children's birthdays during 2006, her fow (4) weelas in 2007 would not encompass the birthdays of the children. Turing Mother's weeltly periods of custody reforred to in this paragraph, Father -shall We a right to aomas to the children several times during the week by taking them to lunch during the school day, 5., Father will provide the maternal graadparents access to the minor children during his period of custody in the school year. Access shall include occasional oversights. 2 •03/15/2007 12:49 FAX POULSBO 16013/013 h 6. Father and Mother both agree to install lugb spud intemet connectio;-?S at tljeir respective residmices witls webcains so that the children can colmmunicate effectively and regularly witb the parent not in misiody. 7, The parents will work together to ensure whenever possible that the children will not miss major school activities or events when implementing this ,Schedule, By the Court, J. 3 Apr 3 2007 12:01 P.02 V9RIPICATlQN i, Audrey A. Buehring, the Petitioner in this matter, have read the foregoing Petition to Modify Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject Ito the penalties of 18 Pa. G.S. 4904 relating to unswom falsifications to authorities. Dated: &ALI 4 Audrey A. Bjrnnng y KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ.. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com Attorney for Plaintiff AUDREY A. BUEHRING formally AUDREY A. GUALTIERI Plaintiff vs. MARC C. GUALTIERI Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No: 04-4844 CIVIL ACTION - LAW IN CUSTODY I, Lesley J. Beam, Esquire, do hereby certify that on this the 5t" day of April, 2007, 1 served a true and correct copy of the foregoing Petition To Modify Custody Order via regular U.S. First Class mail, postage prepaid, addressed as follows: Mark C. Gualtieri 1903 Princeton Avenue Camp Hill, PA 17011 KOPE & ASSOCIATES, LLC Lesley . e m, Esq. { 1.D. 91115 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff) d a j AUDREY A, BUEHRING, FORMALLY IN THE COURT OF COMMON PLEAS OF AUDREY A, GUALTIERI PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARC C. GUALTIERI DEFENDANT 04/4844 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 12, 2007 , 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, May 10, 2007 at 8:30 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. All children al-e five or older may also be present at the conference. 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 q. 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 lwl_ 47 61 i!d C 1 Z!-1 E06" c,-7- El-h i?9- F/,,r7 4?Q 1-r ./,? i7 N John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant/Petitioner AUDREY A. GUALTIERI, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MARC C. GUALTIERI, Defendant/Petitioner : NO. 04-4844 CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR UPDATED CUSTODY EVALUATION AND NOW, comes the Defendant, Marc C. Gualtieri, by and through his counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Emergency Petition for Updated Custody Evaluation and avers as follows: 1. Petitioner is Marc C. Gualtieri, Defendant in the above-captioned action, hereinafter referred to as "Father". 2. Respondent is Audrey A. Gualtieri, Plaintiff in the above-captioned action, hereinafter referred to as "Mother". 3. On December 21, 2005, after three separate days of hearings on August 4, 2005, August 17, 2005 and August 19, 2005, the Court entered an Order in this matter as a result of a hearing, a copy of which is attached marked as Exhibit "A". 4. At the time of one of the hearings in this matter. Dr. Arnold Shienvold testified from a report prepared on May 26, 2005. Approximately two (2) years have elapsed since the date of the report of Dr. Shienvold. 6. Mother has again petitioned to relocate two of the children Abagayle D. Gualtieri, born October 7, 1993 and Noah J. Gualtieri, born October 22, 1996 to the State of Washington which was the issue at the prior hearings. 7. At the time of the custody conciliation, counsel for Father requested that Dr. Shienvold be ordered to update his evaluation since the basis of the request of the Mother is the preference of the children. At the time of the conciliation conference, Mother suggested the possibility of appointing a guardian ad litem. 9. Your Petitioner/Father believes and therefore avers that it is in the best interest of the children and in the interest of judicial economy, that an updated evaluation be done and that the children be interviewed prior to their summer custody with their Mother which will begin on June 12, 2007. 10. Interviews with the Mother can occur over the telephone during the summer and the children can again be interviewed by Dr. Shienvold upon their return. 11. Custody of the oldest child, Travis M. Gualtieri, born may 11, 1992, is not being contested by the Mother. 12. Immediate action is necessary as previously referenced because the children will be going to their Mother for her summer custodial period beginning June 12, 2007. Mother has indicated her financial inability to fly back for the evaluation during the summer and, even though 2 Father is financially burdened as well, he believes it is in the best interest of the children that the evaluation occur and is willing to pay a disproportionate share of the cost. WHEREFORE, your Petitioner requests the Honorable Court enter an Order directing Dr. Arnold T. Shienvold to update his report of May 26, 2005, do the necessary interviews and make recommendations regarding the relocation of Abagayle D. Gualtieri, born October 7,1993 and Noah J. Gualtieri, born October 22, 1996 to the State of Washington. The Petitioner also requests that the Court allocate the cost of the update by Dr. Shienvold. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated:/ "7 - o By: J . C nne , Jr. A ey 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for PlaintifFPetitioner VERIFICATION The undersigned, John J. Connelly, Jr., Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Emergency Petition for Updated Custody Evaluation has been prepared by me by knowledge and information acquired during the course of my representation of Defendant/Petitioner, Marc C. Gualtieri; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date; Jo J. onn lly, Jr., Esquire EXHIBIT "A" AUDREY A. GUALTIERI, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4844 MARC C. GUALTIERI, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this zi day of ?,?t.v , 2005, after hearings in the above-captioned matter on Thursday, August 4, 2005, Wednesday, August 17, 2005 and Friday, August 19, 2005, the following Order is entered: 1. The Plaintiff is Audrey A. Gualtieri, hereinafter referred to as "Mother". 2. The Defendant is Marc C. Gualtieri, hereinafter referred to as "Father". 3. The parties shall share legal custody of the minor children, Travis M. Gualtieri, born May 11, 1992; Abagayle D. Gualtieri, born October 7, 1993; and Noah J. Gualtieri, born October 22, 1996. 4. The Father shall have primary physical custody based on the following schedule: a. Father will have the children for the entire school year except as specifically set forth below. b. Mother will have the children for the summer school vacation beginning one week after school ends until ten (10) days before the children return to school. C. The parties shall alternate the Thanksgiving school holiday with the Father having Thanksgiving in odd numbered years and the Mother in even numbered years. During years in which Mother has the Thanksgiving holiday, the children will travel to Mother's home on the Tuesday preceding Thanksgiving and shall return on the Monday following Thanksgiving. d. During odd numbered years, Mother will have the Christmas school vacation from the day school is out until two (2) days before school is in session, at which point the children shall return to the custody of their Father. In even numbered years, Father will have the Christmas school vacation. If Mother returns to the area during the Christmas vacation in even numbered years, she shall have the children from December 27`x' until the evening before school begins. In even numbered years, Mother will have the alternative, with the agreement of the children, to fly back to Washington State or another agreed upon location with the children for the period of December 27`i' until two (2) days before school begins. e. Mother shall have each Easter/Spring break holiday. Father shall arrange to have the children excused from school in a number of days that will permit Mother seven (7) days of partial custody to include travel days. Mother shall have four (4) separate weeks during the school year with the children if she travels to the area. The children will reside with Mother at her Mother's house during the week of partial custody. Mother shall provide a minimum of thirty (30) days' notice of her intent to return to the area. In the event Mother takes any of her weeks during the children's birthdays, the weeks of the children's birthdays can only be exercised by the Mother on an alternating year basis. For example, should Mother exercise the week of each of the children's birthdays during 2006, her four (4) weeks in 2007 would not encompass the birthdays of the children. During Mother's weekly periods of custody referred to in this paragraph, Father shall have a right to access to the children several times during the week by taking them to lunch during the school day. 5. Father will provide the maternal grandparents access to the minor children during his period of custody in the school year. Access shall include occasional overnights. 6. Father and Mother both agree to install high speed internet connections at their respective residences with webeams so that the children can communicate effectively and regularly with the parent not in custody. 7. The parents will work together to ensure whenever possible that the children will not miss major school activities or events when implementing this schedule. By the Court, J. AUDREY A. GUALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant/Petitioner, Marc C. Gualtieri, hereby certify that I have served a copy of the foregoing Emergency Petition for Updated Custody Evaluation on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 761-7572 AND U.S. MAIL FIRST CLASS PRE-PAID Lesley J. Beam, Esquire Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 5-14- 0, By: 'lly, Jr., Esquire #15615 r P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner C7. . t?a MAY 11209 04 AUDREY A. BUEHRING, Formerly : IN THE COURT OF COMMON PLEAS OF AUDREY A. GUALTIERI : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-4844 CIVIL ACTION - LAW MARC C. GUALTIERI, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Af day of , 2007, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the OVndday of QxtoT? 2007, at _9 ; 36 _ o'clock, 4' . M., at which time testimony will be Oaken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court shall remain in full force and effect with the following modification: 3. Neither parent may discuss custody issues with the children, nor allow anyone else (relatives or friends) to discuss custody issues with the children. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin ess, J. c• es eam, Esquire, counsel for Mother lk < , J. Connelly, Jr., Esquire, counsel for Father N I Dl-" L0:da J 91 ?V,WLQOZ Auvicii 211-L -10 :1 Ij AUDREY A. BUEHRING, Formerly : IN THE COURT OF COMMON PLEAS OF AUDREY A. GUALTIERI : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-4844 CIVIL ACTION - LAW MARC C. GUALTIERI, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Travis M. Gualtieri May 11, 1992 Father Abagayle D. Gualtieri October 7, 1993 Father Noah J. Gualtieri October 22, 1996 Father 2. A Conciliation Conference was held May 10, 2007 with the following individuals in attendance: The Mother, Audrey A. Buehring, formerly Audrey A. Gualtieri, with her counsel, Lesley J. Beam, Esquire, and the Father, Marc C. Gualtieri, with his counsel, John J. Connelly, Jr., Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated December 21, 2005 after denying Mother's Petition to relocate, providing for shared legal custody, Father having primary physical custody and Mother having most of the summer, holidays and school breaks. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of Abagayle and Noah. She maintains that the children have made new friends in Washington state and they have expressed a desire to relocate with Mother. Mother also requests a Guardian ad litem be appointed for the children. Mother opposes Father's request for an updated custody evaluation by Dr. Shienvold, asserting that it would be too costly to fly back to Pennsylvania in the middle of the summer for meetings with him. 5. Father's position on custody is as follows: Father believes that the status quo should continue. He believes that all of the children have adjusted to the schedule, that they are all doing well in school, that they participate in extracurricular activities and are looking forward to activities in the fall, and have numerous friends in this area. Father suggested an updated custody evaluation by Dr. Shienvold. Counsel for Father intends to file an emergency petition asking the court to order the updated evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current Order with one modification, that no on discuss the custody issues with the children. It is expected that the Hearing will require one day. Date ac eline M. Verney, Esquir Custody Conciliator John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant/Petitioner AUDREY A. GUALTIERI, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MARC C. GUALTIERI, Defendant/Petitioner : NO. 04-4844 CIVIL ACTION -LAW IN CUSTODY AMENDMENT TO EMERGENCY PETITION FOR UPDATED CUSTODY EVALUATION AND NOW, comes the Defendant, Marc C. Gualtieri, by and through his counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files this Amendment to Emergency Petition for Updated Custody Evaluation and avers as follows: 1. Pursuant to Local Rule 208.3(a)(9), counsel for the Petitioner contacted counsel for the Respondent in the above-captioned action and counsel for the Respondent concurs with the filing of this Petition. The terms of the attached Order have been agreed upon by the parties and their counsel. Dated: 4 / (' / C) 9 By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner AP -?. AUDREY A. GUALTIERI, Plaintiff/Respondent V. MARC C. GUALTIERI, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4844 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2007 upon consideration of Defendant/Petitioner's Emergency Petition for Updated Custody Evaluation and upon the concurrence of Plaintiff/Respondent and her counsel, Lesley J. Beam, Esquire, it is hereby ORDERED and DECREED that Arnold T. Shienvold, Ph.D. shall update his report in the above- captioned matter dated May 26, 2005 and shall interview Abagayle D. Gualtieri and Noah J. Gualtieri prior to the beginning of their custodial period with the Plaintiff/Respondent on June 12, 2007. Any interviews of the Respondent with Dr. Shienvold may occur over the telephone and each of the children shall be interviewed by Dr. Shienvold as soon as possible after their return from their summer period of custody with the Respondent. The parties shall share the expense for the updated evaluation 75% to the Petitioner and 25% to the Respondent. By the Court, J. Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Lesley J. Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 AUDREY A. GUALTIERI, Plaintiff/Respondent V. MARC C. GUALTIERI, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4844 : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant/Petitioner, Marc C. Gualtieri, hereby certify that I have served a copy of the foregoing Amendment to Emergency Petition for Updated Custody Evaluation on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 761-7572 AND U.S. MAIL, FIRST CLASS, PRE-PAID Lesley J. Beam, Esquire Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Dated: S r w O I By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Attorneys for Defendant/Petitioner Hershey, PA 17033-0650 (717) 533-3280 r-I VTI MAY 1 5 200 AUDREY A. GUALTIERI, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V., NO. 04-4844 MARC C. GUALTIERI, CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this ZS- day of 2007 upon consideration of Defendant/Petitioner's Emergency Petition for Updated Custody Evaluation, it is hereby ORDERED and DECREED that Arnold T. Shienvold, Ph.D. to update his report of May 26, 2005, do the necessary interviews and make recommendations regarding the relocation of Abagayle D. Gualtieri, born October 7, 1993 and Noah J. Gualtieri, born October 22, 1996 to the State of Washington. J%,-.t -J'Ac. By the Court, Fesle bution: J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 y J. Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 A v 1 ?, r ?t ? ; ? ? ?- "°""h ?.. & .IPP, AUDREY A. GUALTIERI, Plaintiff/Respondent V. MARC C. GUALTIERI, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4844 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this r day of ??...? , 2007 upon consideration of Defendant/Petitioner's Emergency Petition for Updated Custody Evaluation and upon the concurrence of Plaintiff/Respondent and her counsel, Lesley J. Beam, Esquire, it is hereby ORDERED and DECREED that Arnold T. Shienvold, Ph.D. shall update his report in the above- captioned matter dated May 26, 2005 and shall interview Abagayle D. Gualtieri and Noah J. Gualtieri prior to the beginning of their custodial period with the Plaintiff/Respondent on June 12, 2007. Any interviews of the Respondent with Dr. Shienvold may occur over the telephone and each of the children shall be interviewed by Dr. Shienvold as soon as possible after their return from their summer period of custody with the Respondent. The parties shall share the expense for the updated evaluation 75% to the Petitioner and 25% to the Respondent. ZdQ 7 r/•4 0? %'?? By the Court, DisWbution: , J&q onnelly, Jr., Esquire, P.O. Box 650,1 ey J. Beam, Esquire; 4660 Trindle Road, VNVAIASNIN d WOO $Z :c wd 1- Nnr LOOZ AMONCHiOdd ?Hl J4 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamAkopelaw.com AUDREY A. BUEHRING formally AUDREY A. GUALTIERI, Plaintiff, vs. MARC C. GUALTIERI, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA No: 04-4844 : CIVIL ACTION - LAW : IN CUSTODY MOTION TO PERMIT TESTIMONY BY TELEPHONE AND NOW comes the Plaintiff, Audrey A. Buehring (formerly Gualtieri), by and through her counsel, Lesley J. Beam, Esquire of Kope & Associates, LLP and files this Motion to Permit Testimony by Telephone, under the authority of 23 Pa.C.S. § 5411, and avers as follows: 1. Movant is Audrey A. Buehring (formerly Gualtieri), Plaintiff in the above- captioned action, hereinafter referred to as "Mother'. 2. Respondent is Marc C. Gualtieri, Defendant in the above-captioned action, hereinafter referred to as "Father". 3. As a brief history of this matter, an initial custody Order in this matter was entered by this Honorable Court on November 1, 2004 upon Stipulation, determining the custody rights of each parent to their children, Travis M. Gualtieri, born May 11, 1992; 1 of 4 Abagayle D. Gualtieri, born October 7, 1993, and Noah J. Gualtied, born October 22, 1996 (hereinafter "the children"). Shortly thereafter, Mother filed a Petition to Relocate, as her fiance was relocated to Washington state through his service in the United States Navy. Said Petition was subsequently denied by the Honorable Kevin A. Hess on August 25, 2005. After three days of hearing in front of Judge Hess, a second Order was entered. Said Order is attached and marked as Exhibit A. No other Judge has issued a ruling in this matter. 4. Mother filed a Petition to Modify Custody on April 4, 2007; a conciliation conference was held in this matter on May 10, 2007. The hearing on this Petition is scheduled for tomorrow, August 22, 2007. 5. In said hearing, Mother is asking the Court to award her primary physical custody of Abagayle D. Gualtieri, the parties' eldest child, partial physical custody of the other two children, and shared legal custody of all three children. 6. Mother currently resides in the state of Washington; Father currently resides in the state of Pennsylvania. 7. Pursuant to 23 Pa.C.S. § 5411 (a), a party to a child custody proceeding may offer testimony of witnesses who are located in another state, by deposition or other means allowable in this Commonwealth. 8. Pursuant to 23 Pa.C.S. § 5411(b), a court of this Commonwealth may permit an individual residing in another state to be deposed or to testify by telephone, Mother hereby requests this Honorable Court permit the testimony of two witnesses by telephone, by reason of their residence in the states of Texas and Washington. 2 of 4 9. Mother requests that this Honorable Court permit the testimony by telephone of her father-in-law, Gene Buehring. Mr. Buehring resides in Baytown, Texas, and thus will be unable to appear in Court in Pennsylvania. Mother requests this testimony as her husband is overseas on deployment in the United States Navy, and is unable to testify. Mother feels it is important that the Court hear the testimony of an individual who can testify as to the character of the children's stepfather, Joe Buehring, and can testify as to Joe's relationship with the children. 10. Mother also requests that this Honorable Court permit the testimony of her neighbor, Deanna Hilse. Deanna resides in Poulsbo, Washington, and thus will be unable to appear in Court in Pennsylvania. Mother requests this testimony as it is important for the Court to receive testimony from someone who has observed the children in Washington, and has direct knowledge of the neighborhood in which they would live. 11. These witnesses should be permitted to testify so that the Court is able to make the fullest possible inquiry into the pertinent facts and circumstances surrounding the parties, including their character and fitness and the type of home they can offer. Tettis v. Boyum, 317 Pa. Super. 8 (1983). 12. Counsel for Defendant and this Honorable Court have been provided with the address, phone number and summary of expected testimony for each of these witnesses within Plaintiffs Pretrial Memorandum. 13. Immediate action is necessary on this Motion as the hearing is scheduled to beginning tomorrow morning, August 22, 2007 at 9:30 a.m. 3 of 4 14. Counsel for Defendant has been contacted regarding this Motion and does not concur in Plaintiffs request. Date: August 21, 2007 Respectfully Submitted, KOPE & ASSOCIATES, LLC dam Lest J5 ID# 1 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff 4 of 4 .03/15/2001 12:48 FAX POULSBO f?j011/013 AUDnY A. GUALTIM, plaiutff . V, MARC C. GUALTIE I)C'an C P TNT COT.T1tT OF COMMON PLEAS NIA Ct3MBSnAND COUNTY, g ISYLV?? NO. 044844 CVIL ACTION - LAW IN CUSTODY of cow ztas of . 20Q5, afterbaariag in the ANA NOW* qds .-?- Y - ursda August 4, 2005, VJadnesdaY, August 179 2045 and priOy, above-captioned matter on Th Y, august 190 20051 the fallowing order is entered: to as "Mather", 1. 1'he plaintiff is AudreY A. ChWlieri, bxtiLmfter referred 2. The Dcfegdat>tt is Ivlas'c G. Gualtieri. hereinafter referred to as " Father". e custody of the minor childrm Travis M. Gualtieri, 3. The parties shall ft e born May 115-1992; AbWyle 1), CGualtieri, boom October 7,1993; and Noah. I Gualtaeai, born October 224 4. 7be Father sb&U have pommy physical custody based on, &e following schedule; a. Father will have the children for the entire school year exoW as speal6cally set forth below. b, 'Mother will have the children for the summer school vacation begistning one week aftor school ends until den (10) days before the children return to school. C. The parties shall alternale the Thanksgiving school holiday with the Father having Thanlugiving in odd numbered years and the Mother in even numbered years. During years in whiob Mother has the Tbkksgil'ving holiday, the children will travel to Mother's hnme on the Tuesday preceding T1m>lagiving and shall return on the Monday following Thanksgi •, EXHIBIT ,03/15/2007 12:49 FAX POULSBO 14012/013 d. During odd numbered years, Motber will have tls Christmas school vacation from the day schbol is out until two (2) days before school is In sossion, at which point the ebildren sball retur to the custody of their Father. In even numbered years, Father will have the Christmas school vacation. If Mother returns to the area during the Christmas vacati on in even numbered years, site shall have the children from December 27`h until the evening before school begins. Li evert numbered years, Mother will have the alternative, with the agreement of the children, to fly back to WashingWn State or another agreed upon locatioii with the ahildree for the period of December 2701 until two (2) days before school begins. E. Mother spell have eseb Easter/Spring break holiday, Farber shall grange to have the ehildren excused from school in a nurmbet of days that will pmmit Mother seven (7) days of-partial custody to include travel days. f•, Mother shall have four (4) separatt weeks during the school year with the children if she travels to the area. The children will reside with Mother at ber Mother's house during the week of partial custody. Mod= 9haU provide a minimum of thirty (30) days' notice of her inteat to rot= to the area. In doe event Mother takes any of bier weeks during the children's birthdays, the weeks of the children's birthdays can only be exorcised by the Mother on an alternating year basis. For example, should Mother exercise the week of each, of the children's birthdays dwing 2406, hex four (4) weeks in 2007 would not encompass the birthdays of the children. During Mother's weekly periods of custody refcazed to in this paragrapb, Father - shall have a right to access to the chiWmi several times during the week by taking there to lunch during the school day. 5. , Father will provide the meternat graadpa=3 access to the minor children during his period of custody in the school year. Acem shall include occasional overnights. 2 -03/15/2007 12:49 FAX POULSB0 Ia O13/013 6. Fa%a and Mother both agree to install Ivgb speed intemet conrtectiolts at their regecdve residencos with webmns so that the children can comm=icam effectively and tegularly witb tlxe pamut not in custody, 7. The parents will work together to ensure whenaverpossible that the children will not miss major school activities or events when implementing this .Icbedule, By the Court, J. 3 VERIFICATION The undersigned, Lesley J. Beam, Esquire, of the law firm of Kope & Associates LLP, in Camp Hill, Pennsylvania, hereby certify that the foregoing Motion to Permit Testimony by Telephone has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff/Movant, Audrey A. Buehring. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Y A2 -" I"f sley 1 16 rDe?n' 1 of 1 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ.. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kopelaw.com Attorney for Plaintiff AUDREY A. BUEHRING formally AUDREY A. GUALTIERI Plaintiff vs. MARC C. GUALTIERI Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA No: 04-4844 CIVIL ACTION - LAW IN CUSTODY I, Lesley J. Beam, Esquire, do hereby certify that on this, the 21St day of August, 2007, 1 served a true and correct copy of the foregoing Motion to Permit Testimony by Telephone via facsimile and regular U.S. First Class mail, postage prepaid, addressed as follows: John J. Connelly, Jr. James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Fax (717) 533-7771 KOPE AS CIATES, LLC i esle eam, Esq. I.D. 175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Plaintiff `n r._ AUDREY A. BUEHRING formally IN THE COURT OF COMMON PLEAS OF AUDREY A. GUALTIERI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 04-4844 CIVIL MARC C. GUALTIERI, Defendant IN CUSTODY IN RE: PLAINTIFF'S PETITION TO MODIFY CUSTODY ORDER ORDER AND NOW, this Z Y` day of August, 2007, following hearing thereon and careful reflection on the testimony adduced, the pending petition of the plaintiff to modify custody order is DENIED. BY THE COURT, esley Beam, Esquire For the Plaintiff /01 n J. Connelly, Jr., Esquire For the Defendant rlm C7 -rs i`