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HomeMy WebLinkAbout01-4602KARIN SIMPSON GUTSHALL, Plainli'ff, CHARLES E. GUTSHALL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL ACTION - LAW IN CUSTODY pRAECIPE TO WITHDRAW APPEARANCE_ Please withdraw the appearance ofDebra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. RESPECTFULLY SUBMITTED Debra Denison Cantor, Esqmre Attorney ID # 66378 2331 Market Street Camp Hill, PA 17011 pRAECIPE TO ENTER APPEARANCE. Please enter the appearance of Ruby Weeks, Esquire as counsel for Kadn Simpson Gutshall in the above-captioned action. Respectfully submitted, Ruby Weeks, Esquire 10 West High Street Carlisle, PA 17013 KARIN SIMPSON GUTSHALL, Plaintiff CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 - t~:~ICIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 30th day of July 2001, comes the Plaintiff, Karin Simpson Gutshall, by and through her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody, averring as follows: The plaintiff is Karin Simpson Gutshall, an adult individual residing at 124 North 30th Street, Camp Hill, Cumberland County, Pennsylvania 17011. The defendant is Charles E. Gutshall, an adult individual residing at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The parties are the natural parents of three (3) minor children, namely, Caroline E. Gutshall, born April 5, 1988, age 13 years; Matthew F. Gutshall, born November 14, 1991, age 9 years; and C. Emory Gutshall, born April 20, 1995, age 6 years. The parties currently share custody of the minor children. Plainfiffdesires to obtain primary physical and shared legal custody of the children. Plaintiff is filing this petition in order to more clearly establish the times and periods of custody and to make the same an Order of Court. The best interests and permanent welfare of the children require that the Court grant the plaintiffs request as set forth above. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 10. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court which affirms the joint physical and joint legal custody of the parties and also more clearly establishes the times and periods of custody between the parties. By: Respectfully submitted, IRWIN, M~_IGH~ HUGIIES Marcu~/A. MeKl~t, ~II, Esquire Supreme Court ~ 25476 Douglas G. Mffier, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiff, Karin Simpson Gutshall Date: July 30, 2001 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: July 30 ,2001 KARIN SI/VI~SON GUTSHALL PLAIN'I'IIq~' V. CHARLES E. GUTSHALL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL ACTION LAW INCUSTODY AND NOW, Monday~ August 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacquellne M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 05, 2001 at 8:30 a.m. 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 ora 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/ .[acqueline M. Ver'ney. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4602 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~, ' day of .~-~,1,~, ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Karin Simpson Gutshall, and the Father, Charles E. Gutshall, shall have shared legal custody of Caroline E. Gutshall, born April 5, 1988, Matthew F. Gutshall, bom November 14, 1991and C. Emory Gutshall, born April 20, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother and Father shall share physical custody of the children, such that Mother shall have physical custody of the children from Sunday at 1:00 a.m. to Wednesday at 12:00 Noon and Father shall have physical custody of the children from Wednesday at 12:00 Noon to Saturday 12:00 Noon. 3. On an alternating basis, one parent shall have physical custody of Matthew and Emory from Saturday at 12:00 Noon to Sunday at 1:00 p.m., while the other parent shall have Caroline for that time period. 4. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided they give the other parent 45 days prior notice. Said weeks shall nm Saturday to Saturday unless otherwise agreed by the parties. 5. Father shall have physical custody of the children every Thanksgiving Day. Mother shall have physical custody of the children from Friday morning after Thanksgiving to Sunday after Thanksgiving. 6. The parties shall split Christmas Day as agreed. 7. Father shall have physical custody of the children for the Memorial Day weekend from Friday to Monday evening. 8. Mother shall have physical custody of the children for the Labor Day weekend from Friday to Monday evening. 9. In the event that either party is in need of a babysitter during a weekday for more than four (4) hours, the custodial parent shall endeavor to contact the non- custodial parent to offer the non-custodial parent the opportunity to babysit. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, / cc: Marcus A. McKnight, III, Esquire, Counsel f ro/r Mother Samuel Andes, Esquire, Counsel for Father KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-4602 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caroline E. Gutshall Matthew F. Gutshall C. Emory Gutshall April 5, 1988 shared November 14, 1991 shared April 20, 1995 shared 2. A Conciliation Conference was held in this matter on September 19, 2001, with the following individuals in attendance: The Mother, Kafin Simpson Gutshail, with her counsel, Marcus A. McKnight, III, Esquire and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. Both parties raised questions about the adequacy of the after school care provided by the other party. Nevertheless, the parties agreed to entry of an Order in the form as attached. Date Custody Conciliator KAR1N SIMPSON GUTSHALL, Plaintiff, V. CHARLES E. GUTSHALL, Defendant. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITItDRAW APPE_~ Please withdraw the appearance of Marcus A. McKnight, III, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. RESPECTFULLY SUBMITTED By: J/..~"~/ ~ 'o'~> tcKnigl~', l~'i~q s'~u~ Professional ~lding 60 W~,st.,~fret Street ~ Carlisle, PA ~ (717) 249-2353 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Debra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. Respectfully submitted, REAGER & ADLER, PC i~.;.~aN~. ~nt~squire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 KARIN SIMPSON GUTSHALL, Plaintiff, V. CHARLES E. GUTSHALL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Karin Simpson Gutshall, by and through her counsel, Reager & Adler, PC, and petitions this court for Special Relief as follows: 1. Petitioner and Respondent are the natural parents of three minor children, namely Caroline Gutshall, Matthew Gutshall and C. Emory Gutshall. 2. The partieg are subject to a Custody Order which is attached hereto as Exhibit "A". 3. Pursuant to the Court Order, the parties share legal custody of the minor children so that they may jointly make major life decisions for their children, including those regarding medical care. 4. In November 30, 2002, Matthew's 4~ grad teacher at Sporting Hill Elementary in Cumberland Valley District recommended a consultation with Matthew's pediatrician, Dr. James Daley to address the attention deficit issues she had identified in the classroom. 5. Daley and school professionals familiar with Matthew have recommended a psychological evaluation and/or counseling for Matthew to address issues of ADD and/or depression. 6. When the parties were unable to agree regarding the proper course of treatment for Matthew, Petitioner drafter to Respondent's counsel correspondence attached hereto as Exhibit "B" outlining events to date and re-questions prompt resolution of the issue. 7. In response to this correspondence, the attorney for Respondent forwarded a letter dated June 26, 2002 requesting that Petitioners prepare a list of providers whose services are covered by Petitioner's health insurance benefits. 8. Attached hereto as Exhibit "C" is correspondence to Respondent's counsel with a list of covered providers. Please note that we stated in this correspondence that Dr. Daly has recommended Melinda Eash, the first name on the list. 9. Despite the request conveyed by counsel, Respondent has failed to respond in any manner to address the treatment issued that medical and school officials have identified. 10. It is clear that the child's pediatrician and school believe that treatment would assist Matthew in dealing with the separation of his parents and other behavioral and/or educational issues. 11. It is clearly not in the child's best interest to delay treatment further and Petitioner's attempts to resolve this matter amicably and through an equal exchange of information and input have failed. Date:q,/ WHEREFORE, Petitioner requests this Honorable Court to enter an Order requiring the parties to cooperate in placing Matthew in treatment ~r until treatment is n necessary. ~ctfull) i d, & By: on"~lo~gi~ Joar ~YHa~ ~uire ID #36461 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff VERIFICATION I, Karin Simpson Gutshall, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: u all CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing Rule to Show Cause was served on the following individuals via United States First Class Mail, postage prepaid as follows: Dated: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Joanne Harrison Clough, Esqt THU 14:16 FAX 717 240 6573 C[~B CO PROTHONOTARY OO2 ICARIN SIMPSON GUTSHALL, Plaintiff CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-4602 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT · ANDNoW, this~.Z~' dayof _.~p~-~4,,,- ,2001, upon consiaerafion &the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Mother, Karin Simpson Gutshall, and the Father~ Charles E. Outshall, shall have shared legal custody of Caroline E. Outshall, bom April 5, 1988, Matthew F. Gutshall, bom November 14, 1991and C, Emory Gutshall, bom April 20, 1995. Each parem shall havc aa equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother and Father shall share physical custody of the children, such that Mother shall have physical custody of the children from Sunday at 1:00 a.m. to Wednesday at 12:00 Noon and Father shall have physical custody of the children from Wednesday at 12:00 Noon to Saturday 12:00 Noon. 3. On an alternating basis, one parent shsl! have physical custody of Matthew and Emory from Saturday at 12:00 Noon to Sunday at 1:00 p.m., while the other parent shall have Caroline for that time period, 4. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided they give the other parent 45 days prior notice. Said weeks shall run Saturday to Saturday unless otherwise agreed by the parties. 5, Father shall have physical custody of the children every Thanksgiving Day. Mother shall have physical custody of the children from Friday morning after Thanksgiving to Sunday at%r Thanksgiving. 6. The parties sh~ll split Christmas Day as agreed. 7, Father shall have physical custody of the children for the Memorial Day weekend from FHday to Monday evening. 8. Mother shall have physical custody of the children for the Labor Day weekend from Friday to Monday evening. Exhibit "A" THU 14:16 FAX 717 240 6573 CUI/B CO PROTHONOTARY ~00~ 9. In the event that either party is in need of a babysitter during a weekday for more than tour (4) hours, the custodial parent shall endeavor to contact the non- custodial parent to offer the non-custodial parent the opportunity to babysit. I0. This Order is entered pursuant to an agreement of the Parties at a Custody Conciliation Conference. The parties may modify the provisions offl~is Order by mutual consent. In the absence of mutual cOnsent, the terms of this Order shall control. BY THE COURT, cc: Marcus A. McKnight, III, Esquire, Counsel f0/r Mother ~ Samuel Andes, Esquire, Counsel for Father ~,X~) ' 9. ti-o 'l'uu 14:1~ FAX 717 240 6573 KARIN SIMPSON GUTSHALL, Plaintiff CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: None CUl/B CO PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4602 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ~00 CUSTODY CONCILIATION SUMMARY REPORT_ IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the follow/ng report: 1. The pertinent information concerning the Children who are the subject of this litigation is as foUows: NAME Caroline E. Gutshall Matthew F, Cmtshall C. Emory Outshall DATE OF BIRTH CURRENTLY IN cusToDY OF April 5, 1988 shared November 14, 1991 shared April 20, 1995 shared 2. A Conciliation Conference was held in this matter on September 19, 2001, with the following individuals in attendance: The Mother, Karin Simpson Cmtshall, w/th her counsel, Marcus A. McKnight, IH, Esquire and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. Both parties raised quest/om about the adequacy of the after school care provided by thc other party. Nevertheless, the poxtics agreed to entry of an Order in the form as attached. Date ~cqu~line M. Vemey, ~squire' d Custody Conciliator THEODORE a. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E, FENICLE DEBRA DENISON CANTOR Wdter's E-Mail Address: ddenison@epix.net - REAGER &ADLER, PC - ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER DOUGLAS P. LEHMAN +Certified Trial Specialist June 19, 2002 Sam Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 RE: Gutshall v. Gutshall Our File No.: 02-201 Dear Sam: I am in recelpt of your several letters Setting forth your client's complaints about my client. While certainly I could respond with Karin's very d~fl'erent view of the incidents described in your letters, she has requested that I focus on trying to obta~ your client's cooperation in addressing the very significant issues involving their son, Matthew. You may or may not be aware of the following from your client. Matthew's fourth grade ~cachcr, Mrs. Goldstcin, recommended last November, based on her observations of Matthew in the classroom, that Cha_rlie and I'r.__,~ri_'n attempt to determine whether Matthew should be treated for aUcntion deficit disorder (ADD), a condition requiring a medical diagnosis. Because Charlie appeared resistant to Mrs. OoMstcin's recommendation, Karin initiated discussions with Matthew's pediatrician, Dr. Duly. Dr. Duly recommended a psycholog/cal evaluation of Matthew in order to date,urine the exact source of the difficulties Matthew was facing ma~ta~g focus both ' at school and at home. Karin followed through on Dr. Daly's recommendation that Matthew be evaluated by Dr.'Susan Mayas, whose offices sro at the Hershey Medical Center. That evaluation was scheduled for February 26, 2002. Karin apprised Charlie of the date of thc scheduled evaluation well in advance and provided him with the evaluation forms that Dr. Mayas had requested that both parents completel Kadn also forwarded evaluations to Sporting Hill I~lemeutary School for completion by school professionals. On February 25, 2002, Charlie contacted Karin by telephone to request aatyK .a[in,' con.tac, t Dr. Mayas and request to revise the nature of thc appointment with Dr, es mc nex~ cay. Charlie suggested that they should use the scheduled appointment to discuss Muff. hew with Dr. Mayas. Karin declined to do so, and replied that Dr. Mayas would need to sca Matthew before she could engage in a discussion about him. With no notice m my cheat, and at the twelfth hour, Charlie prevented the evaluation from ........ occurring' . ExM. bn[t "B" · !~m~n then asked Dn L~dy to meet*with CharUc to discuss with ~un the need for au evaluation. At the meeting with Dr. Daly on April 12, Charlic conveyed his coficem, first voiced on February 26, that Karln's ultimate goal was to medicate Matthew. Dr. Daly assured Charlie that, while medication was a treamaent option, medication was not' · mandatory. Cha~lie indicated to Dr. Daly he wished to address Matthew's issues through some sort of individual education plan designed in cooperation v~th school professionals. When Charlie did not follow through on his stated intentions, Karin contacted the principal of Sporting Hill Elementary, Dr. Bowen, to request the school's assistance. Dr. Bowen recommended a child study meeting. That meeting took plaCe on May 14; 2002. Dr. Bowen, thc guidance counselor, the school psychologist,, and all three of Matlhew's teachers were in attendmme at that meeting.' Karin and Cha~lie attended as well. The conversation during that meeting revealed that Mrs. 6oldstein already had made accommodations Within the classroom for Matthew in light of the attention deficit issues . she had observed. The school professionals also affirmed for Charlie that tutoring.in math, the subject Matthew struggled with the most during the school year, could be beneficial. The school professionali'also suggested that Karin and Charlie work l°gether to set up similar structures, guidelines and expectations for Matthew regardless which home he came to after school. Finally, the guidauee counselor, the school psychologist and the principal recommended a psychological evaluation and counseling for Matthew. Following the child studymeeting, and following receipt and evaluation of "Child Behavior Checklists" completed by each of Matthew's three teachers, the school psychologist again recommended counseling for Matthew for depression. When Karin attempted to speak to Charlie about the written communication from the school psychologist, Charlie refused to discuss getting Matthew the assistance he needs 'but instead used the conversation as yet another oppor~m!ty to try to assign blame for the problems Matthew faces. Charlie has followed through on his suggestion at the child study ~eeting rb~t tutotin~ would be helpful to Matthew. He has contacted Matthew's teacher ~r,~ ~,,~,~,.:. ~ request that she provide that tutoring. When during a recent conve;satio"~'~ ~v~h'~l~rs~. '~' Goldstein, Karin learned that Ch~xlie had contacted Mrs. C.~oldstein to request her tutoring assistance, Karin followed through and worked'out the details with Mrs. Goldstein as to when the tutoring would occur. The issue of an evaluation and COunseling for Matthew remain,~, It is clear, based on the opinions of professionals interacting with Matthew, that assistance in addition to tutoring is needed. Please contact me by the end of thc month as to your client's position regarding an evaluation and counseling for Matthew. If we do not hear from you by the end of the month, we are prepared to file the necessary petitions with the Court. DDC/er cc: Karin Gutshall THEODORE a. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address: ddenison@epix.net REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WERSlTE: ReagerAdlerPC.com THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER DOUGLAS P, LEHMAN +Certified Tdal Specialist July 1, 2002 Sam Andes, Esquire 525 N Twelfth Street Lemoyne, PA 17043 RE: Gutshall v. Gutshall Our File No.: 02-201 Dear Sam: Based on our recent telephone conversation, this letter confirms that my client will be picking up the children Friday afternoon for her vacation. In addition, pursuant to you request, I am providing you with a list of eligible providers under Karen's health insurance benefits to provide counseling for Matthew. ' Melinda Eash Linglestown 540-1313 George-Etta Anderson Carlisle 249-1818 Rodney Benner 3207 N. Front Street 901-5652 Don Lawrence 540-9505 Exhibit "C" Page -2- Gutshall v. Gutshall Robert Stengel Gettysburg Pike 795-1863 In addition, since Karen has no personal knowledge of any of these counselors, she contacted Dr. Daly regarding his recommendation. He highly recommended Melinda Eash, the first name on the list. I am sure that you are also familiar with Melinda and I would make that same recommendation to my client. In terms of payment, the first 3 visits will be free. Thereafter, for a total amount of 60 visits, the client will only need to pay a $10.00 co-pay. Please review this list with your client. Obviously, my client would like to follow Dr. Daly's recommendation. However, if you or your client have any objections, we are willing to consider any of the additional names on this list. In addition, if your client wishes to select a counselor who is not an eligible provider, we will be willing to make that consideration as well. Your attention is appreciated. DDC/dls cc: Karin Gutshall KARIN SIMPSON GUTSHALL, Plaintiff, V. CHARLES E. GUTSHALL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL ACTION - LAW : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this ,Jo · day of ,~5/~v,,~ ,2002, upon review of the attached Petition for Special Relief, a Rule is hereby issued against Respondent Charles E. Gutshall, to show cause, if any, why Movant Karin S~mpson Gutshall s Pet~t~o for Special Relief should not be granted. Rule returnable within /$~ days of date of service. BY THE COURT: KAKIN SIMPSON GUTSHALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-4602 CIVIL ACTION LAW : CHARLES E. GUTSHALL : IN CUSTODY DEFENDANT ._ ORDER OF COURT AND NOW, Monday, September 30, 2002 , 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, October 29, 2002 at 9:30 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, S0ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /si Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KARIN SIMPSON GUTSHALL, Plaintiff CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01-4602 IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiffs Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. Defendant denies that Matthew's teacher made any recommendation on 30 November 2002. Moreover, he states that the teacher did not make any recommendation regarding "attention deficit issues she had identified in the classroom" with regard to Matthew. Instead, in a parent/teacher conference which Defendant attended without Plaintiff, one of Matthew's three fourth grade teachers, suggested "it wouldn't hurt to have Matthew evaluated for attention deficit issues." Subsequently, all three of Matthew's fourth grade teachers completed a neutral psychological evaluation form for Matthew and which did not result in a finding of attention deficit issues. To the contrary, Defendant states that Plaintiff unilaterally initiated a referral to a psychiatrist to have Matthew tested for a disorder which Matthew does not have. 5. Denied. Plaintiff unilaterally has repeatedly insisted on some type of treatment for Matthew for various and changing reasons. Defendant denies that Matthew suffers from 447694.1 attention deficit disorder, from depression, or from any other condition for which he requires counseling or therapy. Further, Defendant called Dr. Daley after receiving a list of psychologists. In that conversation, Dr. Daley confirmed that he did not evaluate Matthew for any attention deficit or psychological disorders and provided a recommendation of a psychologist at the request of Plaintiff without independent information about Matthew. Defendant believes that Matthew is growing into a happy, successful, and well-adjusted child who is actually doing quite well given the difficulties caused by his parents' separation and Matthew living in two houses. 6. Defendant admits that Plaintiffs attorney sent that letter. Defendant denies the history of events in the letter. 7. Defendant admits his attorney requested a list of proposed providers but denies that Defendant, through his attorney or otherwise, ever agreed to have Matthew evaluated or treated by such providers. 8. Admitted in part and denied in part. Defendant admits that the letter attached as Exhibit C was sent by Plaintiffs attorney to his attorney. He does not know whether Dr. Daley made any recommendation of a specific psychologist because he was not involved in any such discussion and so he denies the same and demands proof thereof at trial. As state above, Dr. Daley made no independent evaluation or diagnosis of Matthew. 9. Denied as stated. It is admitted that Respondent has not made any formal response to Plaintiffs request but is denied that medical and school "officials" have "identified" any treatment required for Matthew. In fact, Defendant engaged one of Matthew's teachers as a math tutor for Matthew last summer to help Matthew with math. Based upon testing and perfom~ance, Matthew's school placed Matthew in the highest of four math and language arts classes for his fifth grade school year. In addition, Matthew is performing at an "A" level in math so far this year. He has recently advised Defendant that math is now his favorite subject. 10. Denied. Defendant denies that Matthew has behavioral or educational "issues" or that he needs assistance.in dealing with the separation of his parents, which took place more than two years ago. Defendant further denies that the child's pediatrician and school believe that treatment is necessary or would "assist" Matthew in any significant way. In fact, Matthew does well in school, has many friends and does well socially and excels in extracirrular activities, including sports and art. Imposing unnecessary treatment and therapy on Matthew would do him far more harm than good. 11. Denied. Matthew suffers from no disorder and requires no treatment. Defendant believes that it would be adverse to Matthew's best interest to indicate to Matthew that he suffers from some disorder by referring him to treatment as proposed by Plaintiff. Matthew is growing into a happy, successful, and well-adjusted child and involving him in "treatment" will not improve his situation at all. WHEREFORE, Defendant prays this court to deny Plaintiffs Petition for Special Relief. Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Answer are tree and correct. I understand that any false statements in this Answer are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). Ch-~les~ KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2001-4602 CIVIL TERM .- : IN CUSTODY ORDER OF COURT AND NOW, this z/-Z4 da,, of ~1-'~ ~ ' consideration of the o**~--~T-A-~ : . :~ ~~ ,2002, upon follows: ,,~-,.~u ~ustoay tzoncifiation Report, it is ordered and directed as 1. A Hearing is scheduled in Court Room No. ~-/ , of the C, ,u,rnberland County Court House, on the/a)-t~ day of~ 4~,A----, 2-003, at a); gO o'clock, _/]-. M., at which tim--~eestimony will be {aken.-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 dated September 20, 2001 shall remain in effect. BY THE COURT, cc: Joanne Harrison Clough, Esquire, counsel for Mother Samuel L. Andes, Esquire, counsel for Father Jo KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2001-4602 CIVIL TERM : 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 Caroline E. Gutshall Matthew F. Gutshall C. Emory Gutshall DATE OF BIRTH April 5, 1988 shared November ! 4, 1991 shared April 20, 1995 shared ~CURRENTLY IN CUSTODY OF 2. A Conciliation Conference was held October 29, 2002 with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Charles E. Gutshall, with his counsel, Samuel L. Andes, Esquire. 3. The Court previously entered an Order on September 20, 2001 following an agreement of the parties at a Conciliation Conference providing for shared legal and shared physical custody. 4. Mother filed a Petition to Modify the current Order to allow for each party to have all of the Children one weekend per month. Mother also filed a Petition for Special Relief requesting the Court to grant treatment for one of the Children's alleged ADD/depression problems. The Court entered a Rule to Show Cause which was answered by Father. No further Order was entered on the Special Relief Petition. (It had not been referred to the Conciliator at the time &conference although an attempt to resolve it occurred.) ~1quests, that Matthe~.P°s'ti°n on the She-',- . ~eges has b ..... o~ evaluate r,. ~ cml Reliefp · · _. Mother o~_ ,-ch recommende~ ~ d.~"°t treated) fo~ ~ ~tit~o~ ~s as follm .... ~. ma,, ~ ~ ~,.o requests a ~;~- ~ ? me Child's r~:~ ~o or depres~;._ ~'~' Jvmther ~ -~ve all ofth~ ~,-.,T'''or SC~eduli~. ~,_ '",,myp~ysici~ ~ ~'~ W~c~ Mot~ · *~ cnuflren on ...... *'~ cn~ge to tho ~- --- ~.u SChool ~m · w. mOnth. ~. ~o that each P~ent denies t~t Maahew as exhibited ~y evid Father's position on the Special Relief Petition is as follows: Father straight A student ~ h . }~.5hild Woald be a'~-~athsr beheves that ff~5e SrADO or denreo~:~ - r~[l[lO~ tn I~.~ uverselv aff~ ~ ~tae Child ~ ~ ~ ~oamn. opecml Rel;~ ~ v,,.t to the co~r~- ~,,~r nor his c ......~-t for ~ eval.~,:- - chan~ ;~ .~j~a the Petiti~- - ?~rence due to ~ ~:. -~se~ had recei,,~ ~-uon that .... , me custody s.~."~~ ~o Modify. Fa~~ ~ ,,,,a up m the se~,:~'~u ~ Copy of~e ~ ~,,~uuie. This issu~ -- -,~r wanted to COns:~' ~,~c Otthe Petition 7. ~ ,nay be resolved b,, ~',~[ the requestfor a Heahng ~d The. C~nciliator [eC~ends ~ Order in the ~ ,~c t~me of the he~ing.~ OCT 2, 8 ZOOZ KARIN SIMPSON GUTSHALL, Plaintiff CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 2001-4602 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~2_~/~/~-// , 2002, 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/q 4~ day of ~/~ ~ ~ A - ,2003, at c); bO o'clock, fi~. M., at which time testimony will be taken.-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 dated September 20, 2001 shall remain in effect. BY THE COURT, r~/~.~. Hess, cc: Joanne Harrison Clough, Esquire, counsel for Mother Samuel L. Andes, Esquire, counsel for Father ~ KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this z ;~ q day of May, 2003, at the request of counsel, a hearing in the above captioned matter is set for Wednesday, October 1, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /~Debra Denison Cantor, Esquire For the Plaintiff ~uel Andes, Esquire For the Defendant :rlm O5-g?-o3 VINVA"IASI~IN3ct A..I.N~O0 ~,'..%n~3~l,q0 L~I .'B N~/ LZ A~N £0 · ;.;, ,,. ~0 KARIN SIMPSON GUTSHALL, Plaimiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA 01-4602 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this / ~' day of October, 2003, heating here~n is continued pending receipt by the court of a proposed stipulated order. BY THE COURT, Debra Denison Cantor, Esquire For the Plaintiff Samuel Andes, Esquire For the Defendant :rlm KARIN SIMPSON GUTSHALL, Plaintiff VS, CHARLES E, GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4602 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 3-'~' day of ~-..~o ~ ,2003, this matter having been called for a hearing but the parties having resolved all disputes now pending in this matter by agreement, we hereby order and direct as follows: 1. The mother, Karin Simpson Gutshall, and the father, Charles E. Gutshall, shall share legal custody, as defined by the law of Pennsylvania, of their three minor children, Caroline E. Gutshall, born April 5, 1988, Matthew F. Gutshall, born November 14, 1991, md C. Emory Gutshall, born April 20, 1995. Each party shall have an equal right to access about information relating to the healthcare, education, religious training, and other important matters involving the children. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, without limitation, all decisions regarding their health, education, and religion. Each party will share information with the other regarding the children and neither party shall attempt to alienate the children from the other parent. Day-to-day decisions regarding the children shall be th(; responsibility of the parent then having physical custody. In the event that an emergency decision must be made for the WNVA'~AgNN:~d children, the parent having physical custody at the time shall make such decision and shall inform the other parent of the emergency, and consult with the other parent regarding decisions required by the emergency, as promptly thereafter as is possible. In the event that the parties are not able to agree on any non-emergency matter involving legal custody of the children, they agree to jointly consult with Father's father, Frank Mohney, for informal mediation of the dispute, for at least one session, prior to seeking intervention by this Court. 2. Mother and Father shall share physical custody of the children on the following schedule: A. Mother shall have physical custody of the children each week from Sunday at 12 noon until Wednesday at 12 noon and Father shall have physical custody of the children from Wednesday at 12 noon until Saturday at 12 noon. B. On a four-week cycle, Mother shall have physical custody of all three children the first weekend, from 4:00 p.m. on Friday until 8:00 a.m. on Monday, and Father shall physical custody of all three children on the third weekend, from Friday at 4:00 p.m. until Monday' at 8:00 a.m. On the second weekend of the cycle, Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. On the fourth weekend of the cycle, Father shall have physical custody of Matthew and 2 Emory from Saturday at 12 noon until Sunday at 12 noon and Mother shall have physical custody of Caroline for the same times. The four-week cycle shall commence on Friday, March 28, 2003, and the times set out in this sub- paragraph, where they conflict with the times set out in sub-paragraph A above, shall prevail. 3. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided that they shall give the other parent thirty (30) days advance notice of their intended vacation periods. Once notice is given by a parent, the other )arent shall have seven days to notify the other parent of a legitimate objection to the schedule and any objection raised after the seven-day period shall be invalid. 4. The parties shall share physical custody of the children over holidays as follows: A. The Christmas holiday shall be divided into two blocks, with Block A commencing at 3:00 p.m. on December 24 and concluding at 11:00 a.m. on December 25, and Block B commencing at 11:00 a.m. on December 25 and concluding at 9:00 a.m. on December 26. IVIother shall have Block A and Father shall have Block B in 2003 and odd-numbered years thereafter and Father shall have Block A and Mother shall have Block B in 2004 and even- numbered years thereafter. B. Father shall have physical custody of the children every Thanksgiving from 5:00 p.m. on the Wednesday before Thanksgiving until Friday morning at 9:00 a.m. and Mother shall have custody of the children from Friday morning at 9:00 a.m. until Sunday evening at 5:00 p.m. C. The parties shall alternate physical custody of the children on New Year's Eve from 9:00 a.m. on the 31~t of December until 11:00 a.m. on the 1st of January, with Father having custody of thE; children for the period which commences on December 31, 2003, and the parents alternating the holiday thereafter. Father shall have the children every New Year's Day from 11:00 a.m. until 9:00 p.m. Mother shall have the children on the 15th of October each year from 11:00 a.m. until 9:00 p.m. D. Father shall have custody each year on Father's day from 9:00 a.m. until 7:00 p.m. and Mother shall have custody each year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. Mother shall have physical custody of the children on Easter Sunday and Memorial Day in even-numbered years and on the Fourth of July and Labor Day in odd-numbered years. Father shall have physical custody of the children on Easter and Memorial Day in odd-numbered years and the 4th of July and Labor Day on even-numbered years. The holiday shall commence at 5:00 p.m. the day before the holiday and conclude at 7:00 p.m. on the day of the holiday. Notwithstanding the other provisions of this paragraph, Mother shall have the children for the Easter holiday in 21003 and Father shall have the children for the Easter holiday in 2004 and 2005. The above holiday schedule shall prevail over the other provisions of this order, including the vacation schedules of the parties. 5. In the event that either party requires a babysitter during the weekday for a )eriod of four hours or more, that parent shall endeavor to contact the other parent to offer that other parent the opportunity to babysit the children. 6. All prior orders in this matter are vacated and, replaced with this order. All hatters raised in the petitions previously filed in this action are resolved by this order. BY THE COURT, KARIN SIMPSON GUTSHALL, Plaintiff, CHARLES E. GUTSHALL, Defendant. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CWIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, this 30th day of April, 2004, comes Karin Simpson Gutshall, by and through her counsel REAGER & ADLER, PC, and files a Petition for Contempt as follows: 1. On October 3, 2003, the parties entered into an agreement regarding the custody of their minor children. A copy of the Agreement and corresponding Order are attached hereto as Exhibit "A.' 2. This Order provided for a modification of the parties.' prior arrangement. 3. This modification was made so that each party could enjoy a full weekend with all of the children. Under the prior agreement, the children's time was divided between the parents and did not allow either parent to exercise custody of all of the children for a weekend. 4. After the entry of the Order, there was a substantial delay in its implementation, which necessitated Petitioner's counsel to correspond with opposing counsel. 5. Petitioner was able to exercise a full weekend with aH of the children over the Thanksgiving weekend only after agreeing to substitute her scheduled holiday weekend for her full weekend with all of the children. 6. When Petitioner attempted to arrange her weekend with all of the children in December, Respondent indicated he would not comply with the Order and would involve the children if necessary. 7. Petitioner has unable to exercise a weekend with all of the children to date. 8. Respondent has made it clear that he will not comply with the Order without Court intervention. 9. Petitioner seeks a finding of Contempt and the opportunity to make up her lost time with the children. WHEREFORE, Petitioner requests this Honorable Court to enter an Order of Contempt, allow Petitioner allow to make up three (3) weekends with all of her children, and grant any and all further relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC Deb~d'D~l~on C~¢}tor, Esquire Att6rrf~y 1~ Nu.--~.' 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff VERIFICATION I Karin Simpson Gutshall, verify that the statements made in the foregoing document arc true and correct to the best of my knowledge, information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Karin Simeon Gut~14/ KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4602 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~ day 0f~~, 2003, this matter having been called for a hearing but the parties having resolved all disputes now pending in this matter by agreement, we hereby order and direct as follovvs: 1. The mother; Karin Simpson Gutshall, and the't:ather~~ Charies E. Gutshall, Shall shar. e legal custody, as defined by the law of Pennsylvania~ of their three minor children, Caroline E. Gutshall, born April 5, 1988, Matthew F. GutshaJl, born November 14, 1991, and C. Emory GutshaJl, born April 20, 1995. Each party shall have an equal right to access about information relating to the healthcare, education, religious training, and other important matters involving the children. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, without limitation, all decisions regarding their health, education, and religion. Each party will share information with the other regarding the children and neither party shall attempt to alienate the Children from the other parent. Day-to-day decisions regarding the children shall be the ~esp0nsibility of the parent then having physical custody. In the event that an emergency dlecision must be made for the children, the parent having physical custody at the time '.shall make such decision and shall inform the other parent of the emergency, and consult with the other parent regarding decisions required by the emergency, as promptly thereafter as is possible. In the event that the parties are not able to agree on any non-emergency matter involving legal custody of the children, they agree to jointly consult with Father's father, Frank Mohney, for informal mediation of the dispute, for at least one session, prior to seeking intervention by this Court. 2. Mother and Father shall share physical custody of the children on the following schedule: A. Mother shall have physical custody of the children each week from Sunday at 12 noon until Wednesday at 12 noon and Father shall have physical custody of the children from Wednesday at 12 noon until Saturday at 12 noon. B. On a four-week cycle, Mother shall have physical custody of all three children the first weekend, from 4:00 p.m. on Friday until 8:00 a.m. on Monday, and Father shall physical custody of all three children on the third weekend, from Friday at 4:00 p.m. until Monday at 8:00 a.m. On the second weekend of the cycle, Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. On the fourth weekend of the cycle, Father shall have physical custody of Matthew and 2 Emory from Saturday at 12 noon until Sunday at '12 noon and Mother shall have physical custody of Caroline for the same times. The four-week cycle shall commence on Friday, March 28, 2003, and the times set out in this sub- paragraph, where they conflict with the times set out in sub-paragraph A above, shall prevail. 3. Each parent shall be entitled to three non-consecutive weeks of physical custody with the children provided that they shall give the other parent thirty (30) days advance notice of their intended vacation periods. Once notice is given by a parent, the other parent shall have seven days to notify the other parent of a legitimate objection to the schedule and any objection raised after the seven-day period shall be invalid. 4. The parties shall share physical custody of the children over holidays as follows: A. The Christmas holiday shall be divided into two blocks, with Block A commencing at 3:00 p.m. on December 24 and concluding at 11:00 a.m. on December 25, and Block B commencing at 11:00 a.m. on December 25 and concluding at 9:00 a.m. on December 26. Mother shall have Block A and Father shall have Block B in 2003 and odd-numbered years thereafter and Father shall have Block A and Mother shall have Block B in 2004 and even- numbered years thereafter. B. Father shall have physical custody of the children every Thanksgiwng from 5:00 p.m. on the Wednesday before Thanksgiving until Friday morning at 9:00 a.m. and Mother shall have custody of the children from Friday morning at 9:00 a.m. until Sunday evening at 5:00 p.m. C. The parties shall alternate physical custody of the children on New Year's Eve from 9:00 a.m. on the 31st of Decemb~,=r until 11:00 a.m. on the 1st of January, with Father having custody of the children for the period which commences on December 31, 2003, and the parents alternating the holiday thereafter. Father shall have the children every New Year's Day from 11:00 a.m. until 9:00 p.m. Mother shall have the children on the 15~h of Qctober each year from 11:00 a.m. until 9:00 p.m. D. Father shall have custody each year on Father's day from 9:00 a.m. until 7:00 p.m. and Mother shall have custody each year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. Mother shall have physical custody of the children on Easter Sunday and Memorial Day in even-numbered years and on ~he Fourth of July and Labor Day in odd-numbered years. Father shall have physical custody of the children on Easter and Memorial Day in odd-numbered years and the 4th of July and Labor Day on even-numbered years. The holiday shall commence at 5:00 p.m. the day before the holiday and conclude at 7:00 p.m. on the day of the holiday. Notwithstanding the other provisions cf this paragraph, Mother shall have the children for the Easter holiday in 2003 and Father shall have the children for the Easter holiday in 2004 and 2005. 4 The above holiday schedule shall prevail over the other provisions of this order, including the vacation schedules of the parties. 5. In the event that either party requires a babysitter during the weekday for a period of four hours or more, that parent shall endeavor to contact the other parent to offer that other parent the opportunity to babysit the children. 6. All prior orders in this matter are vacated and replaced with this order. All matters raised in the petitions previously filed in this action are resolved by this order. BY THE COURT, TRUE COPY FROM RECORD In Te~-timony;whereof, I here unto ,set my hanoi CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing Petition for Contempt was served on the following individual via United States First Class Mail, postage prepaid as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Dated: r,~ire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for the Plaintiff Karin Simpson Gutshall KAR1N SIMPSON GUTSHALL PLAINTIFF CHARLES E. GUTSHALL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-4602 CIVIL ACTION LAW : : 1N CUSTODY ORDER OF COURT AND NOW, Tuesday, May 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_aequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 27, 2004 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 defme 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 entD' 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/ _Iacqueline M. Verney. Esq. Custody Conciliator rnhc 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 (:AN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Streel Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUN 0 KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - ]LAW _- : NO. 2001-4602 CIVIL TERM _. : IN CUSTODY ORDER OF COURT AND NOW, this 1'/t~l day of %.;.)4..Cot ~ ,2004, upon consideration of the attached Custody Concilifffion Report, it is ordered and directed as follows: 1. A Hearing is schedqled in Court Room No. ar/ , of the Cumberland ~C,o_unty Court House, onthe ]c~ dayof /~zgqOx~/~ ,2004, at C~;~ O o clock, /~. M., at which time testimony will [~ tat~n. For purposes of this Hearing, the Mother shall be deemed to be the moving party and sha][l 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 ~mticipated 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 agreemen~I of the parties, the prior Order of Court dated October 3, 2003 shall remain in full force and effect. 3. 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, Kev/~Hess, cc'M~bra Cantor, Esquire, counsel for Mother t~amuel Andes, Esquire, counsel for Father JUN 0 CHARLES E. GUTSHALL, Defendant KARIN SIMPSON GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-4602 CIVIL TERM : 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 Caroline E. Gutshall Matthew F. Gutshall C. Emory Gutshall April 5, 1988 shared November 14, 1991 shared April 20, 1995 shared 2. A Conciliation Conference was held June 3, 2004 with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Debra Cantor, Esquire, and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. The Court previously entered an Order of Court, based on the stipulation of the parties, dated October 3, 2003. The Order provided for shared legal and shared physical custody of the children. Mother has physical custody of the children from Sunday at 12:00 noon to Wednesday at 12:00 noon, while Father has physical custody of the children from Wednesday at 12:00 noon to Sunday at 12:00 noon. Paragraph 2B of the Order went on to give each parent one complete weekend per month with all of the children from Friday at 4:00 p.m. to Monday at 8:00 a.m. and one weekend per month from Saturday at 12:00 noon to Sunday at 12:00 noon with two of the children and one of the children, respectively. Mother filed a Petition for Contempt to enforce this provision. 4. Father's position on custody is as follows: Father maintains that Paragraph 2B was attempted, but the parties orally amended it when the children indicated that they did not like the arrangement. 5. Mother's position on custody is as follows: IVlother seeks to enforce Paragraph 2B. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the current Order of Court. It is expected that the Hearing will require one-half day. Date Custody Conciliator KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this g ' day of July, 2004, at the request of counsel for the defendant, hearing herein set for August 19, 2004, is continued to Monday, September 27, 2004, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Debra Denison Cantor, Esquire For the Plaintiff Samuel Andes, Esquire For the Defendant :rim Kev/~/A. Hess, J. KARIN SIMPSON GUTSHALL, Plaintiff, CHARLES E. GUTSHALL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL ACTION - LAW IN CUSTODY pRAECIPE TO WITHDRAW APPE~RANCE Please withdraw the appearance of Marcus A. McKnight, III, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. RESPECTFU~ SUB~ED '~larcus ~. McKnigt~Es~re ~ 60 West Porafret S~'eet Carlisle, PA 17013 (717) 249-2353 _PRAECIPE TO ENTER APPEARANCE Please enter the appearance ofDebra Denison Cantor, Esquire as counsel for Karin Simpson Gutshall in the above-captioned action. Respectfully submitted, REAGER & ADLER, PC ? JJebr6d3emson Cantor, Esquire I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 cz KARIN SIMPSON GUTSHALL, Plaintiff vs. CHARLEs E. GUTSHALL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTy, PENNSYLVANIA : :CIVIL ACTION _ LAW : IN CUSTODy : :NO. 2001-4602 CIVIL TERM PRAEc/pE TO ENTER APPEARA~q~E TO: Cumberland County Prothonotary Please enter my appearance as counsel for the Plaintiff in the above- captioned custody action. ~, Esquire 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4602 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this ~ ?' day of September, 2004, after hearing, the court being satisfied that the defendant has not been in compliance with the order o:~'October 3, 2003, a contempt citation is issued. Adjudication of contempt is deferred on condition that the defendant immediately file a petition to modify custody with a request for expedited conciliation. Not less than sixty (60) days from the date of this order, the plaintiffmay request that a hearing be set on the matter of a contempt adjudication which may include a request for counsel fees for any further proceedings in connection with her contempt petition. In the event that there is no request for hearing lodged within one hundred eighty (180) days of the date of this order, the pending contempt petition shall be deemed dismissed without fin'ther order of court. · ~uby Weeks, Esquire For the Plaintiff o, agamuel Andes, Esquire For the Defendant :rim BY THE COURT, K7. Hess, J. KARIN SIMPSON GUTSHALL, Plaintiff VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4602 CIVIL TERM IN CUSTODY PETITION TO MODIFY' AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify its order of 30ctobe~r 2004, based upon the following: 1. The Petitioner herein is the Defendant Charles E. Gutshall. 2. The Respondent herein is the Plaintiff Karin Simpson Gutshall. 3. The parties are the parents of three minor children, Caroline E. Gutshall, age 16, Matthew Gutshall, age 13, and C. Emory Gutshall, age 12. The children, and the parties custodial rights with regard to the children, are the subject of an order entered by this court on 3 October 2003, a copy of which is attached to this Petition. 4. Defendant wishes to modify the present order of custody to change the schedule back to the schedule the parties and the children enjoyed under the prior order of this court, dated 20 September 2001. Specifically, Defendant seeks to modify Paragraph 2 (B) of the order of 3 October 2003 to provide that Father shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same time on alternating weekends and, on the other weekends, the schedule shall be reversed so that Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody of Caroline for the same times. 5. Defendant believes that such a change will be in the best interest of the children for several reasons, which include, but are not limited to, the following: A. All the parties are comfortable with and have adjusted to the schedule which has been in effect for more than three years; and B. This schedule allows the daughter oille day with her parents each week without the presence of the boys and allows the two sons the same; and C. Because of the great difference in interests, friends, and activities of the boys and the daughter, this schedule suits all of their needs well and allows the parents to meet those needs effectively; and D. The children have expressed a preference to continue this schedule and not follow the schedule set out in the order of 3 October 2003. Defendant believes that a change in the schedule in accordance with this Paragraph is in the best interest of the children and request the court to modify its order accordingly. WHEREFORE, Defendant prays this court to modify its order of 3 October 2003, and the custody schedule set out therein, in accordance with this Petition. Attorney for Defendant Supreme ,Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petitiion are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa, C.S, 4904 (unsworn falsification to authorities). Charles E. Gut~-h~--r" ~ / EXHIBIT A KARIN SIMPSON GUTSHALL, Plaintiff -- VS. CHARLES E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION . LAW NO. 2001-4602 CIVIL TERM IN CUSTODy been called for a hearing but the parties having resolved all disputes now pending in this matter by agreement, we hereby order and direct as follows: , . · 1. The mother; Karin Simpson ' : . Gutsha]l, 'and the'father'' Charl~s E.-Gutshall, Shall share legalcustody, as defined by the law' Of PennSylvania; of their three ~inor Children, Caroline E. Gutshall, born April 5, 1988, Matthew F. Gutshall, born November 14, 1991, and C. Emory Gutshall, born April 20, 1995. Each party shall have an equal right to access about information relating to the healthcare, education, religious training, and other important matters.involving the Chiidren' Each party shall have an equal right, to be exercised jointly With the other parent, to make all major non-emergency decisions affecting the children's general we/I-being inc/uding¢ Without limitation, all decisions regarding their health, education, and religion. Each party will share information with the other regarding the children and neither Party. shall attempt to alienate the Childi'er~ 'from the other. Jba:t~nt. Day-to-,day . . . decisions regarding the children shal./be the'~eSpb~sibi/ity' ~f the P~r~r~t then having Physical custody. In the event that an emergency dec/s/on must be made for the children, the parent having physical custody at the t/me shall make such decision and shall inform the other parent of the emergency, and consult with the other parent regarding decisions required by the emergency, as promptly theraafter as is possible. In the event that the parties are not able to agree on any non-emergency matter involving legal custody of the children, they agree to jointly consult with Father's father, Frank Mohney, for informal mediation of the dispute, .for at least one session, prior to seeking intervention by this Court. 2. Mother and Father shall share physical custody of the children on the following schedule: A. Mother shall have physical custody of the children each Week from Sunday at 12 noon until Wednesday at 12 noon and Father shall have physical custody of the children from Wednesday at 12 noon until Saturday at 12 noon. B. On a four-week cycle, Mother shall have physical custody of all three children the first weekend, from 4:00 p.m. on Friday until 8:00 a.m. on Monday, and Father shall physical custody of all three children on the third Weekend, from Friday at 4:00 P.m. until Monday at 'B.00 a.m. On the second Weekend of the cycle: Mother shall have physical custody of Matthew and Emory from Saturday at 12 noon until Sunday at 12 noon and Father shall have physical custody, of Caroline for the same times.. On the fourth Weekend of the cycle, Father shall have physical custody, of Matthew and 2 Emory from Saturday at 12 noon until Sunday at 12 noon and Mother shall have physical custody of Caroline for the same times. The four-week cycle shall commence on Friday, March 28, 2003, and the times set out in this sub- paragraph, where they conflict with the times set out in sub-paragraph A above, shall prevail. Each parent shall be entitled to three n°n-co~qsecutive Weeks of physical custody With the children provided that they shall give the other parent thirty (30) days advance notice of their intended vacation periods. Once notice is given by a parent, the other parent shall have seven days to notify the other parent of a legitimate Objection to the schedule and any objection raised after the seven~day Pe, riod shall be invalid. 4. The parties shall share physical custody of the, children over holidays as follows: A. The Christmas holiday shall be divided into two blocks, with B'l'0ck A commencing at 3:00 P.m. on December 24 and <- · -oncluding at 11:00 a.m. on December 25, and Block B commencing at 11:00 a.m. on December 25 and concluding at 9:00 a.m. on December 26. Mother shall have Block A and Father shall have Block B in 2003 and odd-numbered years thereafter and Father shall have B/ock'A and Mother shall have Block B in 2004 and even- numbered Years thereafter. B. Father shall have physical custody of the .children every Thanksgiving from 5:00 p.m. on the Wednesday b~fore Thanksgiving until Friday morning at 9:00 a.m. and Mother shall have custody of the children from Friday morning at 9:00 a,m. until Sunday evening at 5:00 P.m. C. The parties shall alternate physical custody of the children on New Year's Eve from 9:00 a.m. on the 31~ of December until 11:00 a.m. on the 1st of January, with Father having custody of the children for the period which commences on December 31, 2003, and the parents alternating the holiday thereafter. Father shall have the children every New Year's Day from 11:00 a.m. until 9:00 P.m. Mother shall have the children on the 15~h of October each year from 11:00 a.m. until 9:00 P.m. D. Father shall have custody each year on Father's day from 9:00 a.m. until 7:00 p.m. and Mother shall have custedy each year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. Mother shall have physical custody of the children on Easter Sunday and Memorial Day in even-numbered years and on the Fourth of July and Labor Day in odd-numbered years. Father shall have physical custody of the children on Easter and ·Memorial Day in odd-numbered years and the 4~h of July and Labor Day on even-numbered years. The holiday shall commence at 5:00 P.m. the day before the holiday and conclude at 7:00 P.m. on the day of the holiday. Notwithstanding the other provisions o1' this paragraph, Mother shall have the children for the Easter holiday in 20(~3 and Father shall have the children for the Easter holiday in 2004 and 2005. 4 The above holiday schedule shall prevail over the other provisions of this order, including the vacation schedules of the parties. 5. In the event that either party requires a babysitter during the weekday for a period of four hours or more, that parent sbaU endeavo,r to contact the other parent to offer that other parent the opportunity to babysit the children. 6. All prior'0rders in this matter are vacated and replaced with th' matters raised in the net t~- . ~s order. All ~ ,uns previously flied in this action are resolved by this order. BY THE COURT, TRUE, .COPY FROM RECORD 'In Te'stjmopy;wh~reof~ I he~-e unto set my hancl ~nd .{'be seal Of s~id. Ccbrt at C~-Jis~'~, Pa. · ' ..iL.....:. . CERTIFICATE OF SERVICF I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, Pa 17013 Date: 7 October 2004 Amy M. ~?rkins SeCretary for Samuel L. Andes KARIN SIMPSON GUTSHALL PLAINTIFF V. CHARLES E. GUTSHALL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-4602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 ~ 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 Friday, November 19, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be mtade 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 ]?rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing. FOR THE COURT. By: /s/ ,[acqueb'~e M. Vemev, Esq. Custody Conciliator mhc 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 NOV 2 2 2004 ' KARIN SIMPSON GUTSHALL, Plaintiff V. CHARLES E. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-4602 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ,~ ? ' day of ~,'~' ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother hereby withdraws her Petition for Contempt and this Order of Court resolves all other pending Petitions including Father's Petition to Modify. 2. The Order of Court dated October 3, 2003 shall remain in full force and effect except as modified hereinafter. 3. Paragraph 2B of the Order of Court of October 3, 2003 is hereby deleted in its entirety. It is hereby replaced as follows: 2B. On an altemating basis, one parent shall have physical custody of Matthew and Emory from Saturday at 12:00 noon to Sunday at 12:00 noon, while the other parent shall have physical custody of Caroline for that time period. 2C. Notwithstanding the above, commencing the first weekend in December, 2004, Mother shall have physical custody of al three children from 4:00 p.m. on Friday until 8:00 a.m. on Monday, on one weekend of her choice every other month upon notice as provided hereinafter. Commencing January, 2005 Father shall have physical custody of all three children from 4:00 p.m. on Friday until 8:00 a.m. on Monday, on one weekend every other month upon notice as provided hereinafter. 2D. The parties shall give notice of their weekends by January 15 of every calendar year 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin A. 7/ ccu,r,u~uy D. Weeks, Esquire, Counsel for Mother ..g~amuel Andes, Esquire, Counsel for Father Jo KARIN SIMPSON GUTSHALL, Plaintiff CHARLES E. GUTSHALL, Defendant PRIOR JUDGE: Kevin A. Hess, J. NOV : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-4602 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caroline E. Gutshall Matthew F. Gutshall C. Emory Gutshall April 5, 1988 shared November 14, 1991 shared April 20, 1995 shared 2. A Conciliation Conference was held in this rnatter on November 19, 2004, with the following individuals in attendance: The Mother, Karin Simpson Gutshall, with her counsel, Ruby D. Weeks, Esquire and the Father, Charles E. Gutshall, with his counsel, Samuel Andes, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated October 3, 2003 providing for shared legal and physical custody. On September 27, 2004, this Court entered an Order deferring Mother's Petition for Contempt pending Father's filing a Petition to Modify. Father filed a Petition to Modify, which was the subject of the Conciliation Conference. 2003 in the form as attached. Date The parties agreed to entry of an Order modit~ying the Order of October 3, Custody Conciliator