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HomeMy WebLinkAbout06-1895Ci / Y DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE & CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 DUSTIN T. GENSEL, Plaintiff Vs. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 95 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE & CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 1; 9;1' CIVIL TERM CIVIL ACTION - LAW IN DIVORCE & CUSTODY COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, Dustin T. Gensel, by and through his counsel, Linda A. Clotfelter, Esquire, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is Dustin T. Gensel, (hereinafter "Plaintiff'), an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Jennifer D. Gensel, (hereinafter "Defendant"), an adult individual who resides at an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. Effective April 2, 2006, Mother will reside at 315 N. Hanover Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 4. Plaintiff and Defendant were married on April 17, 1999, in Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since March 17, 2006. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the armed forces of the United States or any of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this court deems just and proper. Dated: '3 l Q Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li a A. Clotfelter, Esquire tt mey ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06- CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY VERIFICATION I, DUSTIN T. GENSEL, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 013 _a ?-O ii't j AJ DUSTIN T. GENSEL 4 r3 r? V S-> vl ry J -ij -7i l' l r G P ?1? } DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.06-_( j CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY JOINT STIPULATION OF CUSTODY AND NOW, the parties, Dustin T. Gensel and Jennifer D. Gensel, enter into a Joint Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their children: Kayla A. Gensel, born September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years, respectfully stating the following: Plaintiff is Dustin T. Gensel, (hereinafter "Father"), an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. 2. Defendant is Jennifer D. Gensel, (hereinafter "Mother"), an adult individual who resides at an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. Effective April 2, 2006, Mother will reside at 315 N. Hanover Street. Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, Kayla A. Gensel, bom September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years (hereinafter collectively referred to as the "Children"). 4. No Order of Court for custody of the Children presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this Stipulation. 5. Since their separation, the parties have continued to live in the marital residence while Mother is awaiting possession of her leased premises. 6. The parties seek to establish a custody schedule to be exercised due to their separate residences as of April 2, 2006. The parties now stipulate and agree to the terms of this agreement to establish an Order for Custody to be docketed to the above-referenced civil docket number. 8. The proposed custody order is in the best interest of the Children because it provides the Children with continuing contact with both parents, it takes into consideration each parent's work schedule, and it permits the Children to reside in the home with which they are most familiar as their residence for the purpose of school enrollment and otherwise. 9. The parties further expressly agree that they shall each be flexible with the custody arrangements and each party shall not unreasonably withhold their consent to alter the schedule of the Order for Custody when requested by the other party. 10. The parties stipulate and agree that the terms for custody of their Children shall be as follows: a) Legal Custodv - The parties shall have shared legal custody of the minor Children. Except in the case of an emergency, all major parenting decisions concerning the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records and that the marital residence situate at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214, shall be used as the Children's residence for the purpose of school enrollment or otherwise. b) Physical Custody -The parties specifically agree to share equally physical custody of the Children and they acknowledge their intent to work within their ever-changing work and educational schedules in a manner that is in the best interest of the Children. Effective April 2, 2006, the parties agree to r share physical custody as follows: i. The parties agree to alternate custody each Wednesday, beginning with Father having physical custody of the Children April 5, 2006; ii. Mother shall have physical custody of the Children every Sunday, Monday and Thursday; iii. Father shall have physical custody of the Children every Tuesday, Friday and Saturday; iv. Custody transfers shall occur at 9:00 a.m. unless otherwise agreed upon by the parties. C) Holidays - The parties agree that the following holidays shall be designated as holidays for the purposes of this custody stipulation: Easter, Memorial Day, July 4`", Labor Day, Halloween, Thanksgiving, and Christmas. These holidays shall be alternated annually, beginning with Mother having Easter in 2006. The specific times for the holiday periods of custody shall be determined by the parties upon mutual agreement and the parties intend to be flexible with the holiday periods of custody because some relatives reside in the state of Georgia. The holiday periods of custody shall supercede the regular custody schedule and any vacation periods of custody. d) Father's/Mother's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. e) Vacation - Mother and Father agree that they shall each be entitled to two (2) non-consecutive weeks of custody each summer for the purpose of vacations. Each party shall give at least 30 days' advance written notice to the other party of their intended vacation custody periods and the first party giving notice shall prevail in the event of a conflict f) Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. g) Transportation - The parties agree that they shall share equally the responsibility of transportation with the parent receiving custody of the Children being responsible for transportation for that transfer, unless otherwise mutually agreed by the parties. h) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of the Children's school or other activities whenever possible. Both parties shall agree to honor and participate in the activities in which the Children wish to participate. During the times that a parent has custody of the Children, the parent will make certain that the Children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. i) Contact information - Each parent shall keep the other parent notified of his or her addresses and telephone number. j) Children's well-being - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. k) Notice upon travel - Neither party will take the Children more than One Hundred Fifty (150) miles from Carlisle, Pennsylvania without the express consent of the other party. 1) Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. m) Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above- captioned docket. n) Restraints - Each party expressly agrees to ensure that the Children are properly secured in the proper child seat/restraints and seat belts when the Children are transported in an automobile and the parties also agree that neither party shall consume alcoholic beverages prior to transporting the Children. 12. This Agreement is binding and enforceable when signed by Dustin T. Gensel and Jennifer D. Gensel. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. WITNESSES: 4?Ai-I I DUSTIN T. GENSE J IFE GENSEL 113y:-, _-----I DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO.06-) 5 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY ORDER AND NOW, thist? day of P 12006, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: CIA 9-- ?` °? ?' ,.?? ? ?` ? , 1 J ?? ''i?U r '? f ? .b? ?.? ? '???? . ?. P V DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY ACCEPTANCE OF SERVICE I, JENNIFER D. GENSEL, Defendant in the above-captioned matter, hereby accept service of the Joint Stipulation of Child Custody and the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code and. Date: ? -j l - C)?p JE IFER D. GENSEL, Defendant 315 . Hanover Street, Apt. 2 Carlisle, PA 17103 r..? I DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE AND NOW, this day, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Jennifer D. Gensel 315 N. Hanover Street, Apt. 2 Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: N in 1 IOU L da A. Clotfelter, Esquire A orney ID No. 72963 -5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 Telephone: (717) 796-1933 Facsimile Attorney for Plaintiff <? , _, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2006 between JENNIFER D. GENSEL, (hereinafter referred to as WIFE) and DUSTIN T. GENSEL, (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 17, 1999, in Cumberland County, Pennsylvania; and WHEREAS, there are two (2) children of the parties, namely, Kayla A. Gensel, born September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years (hereinafter collectively referred to as the "Children"); and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Linda A. Clotfelter, Esquire, and that Wife has been represented by John J. Mangan, III, Esquire. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. -1- NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the -2- execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in Paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any -3- provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. However, it is expressly understood that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent tot the execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this agreement. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make a decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different -4- from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Determination of Marital and Non-Marital Pronert y: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. b. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR AND OTHER VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: a. Vehicles in Possession: Each party shall have exclusive use and ownership of the vehicle that is presently in his or her possession and it shall be that party's sole property. Accordingly, each party shall be solely responsible for any and all financial or other obligations related to the vehicle retained by him or her and each party shall hold the other party harmless for same. Each party shall execute upon request and as soon as administratively possible, any titles to said vehicles to carry out the intentions of this paragraph, and/or if necessary, each party agrees to execute a vehicular power of attorney permitting the party retaining a vehicle to execute any and all documents necessary to effectuate the terms of this provision if the title cannot be transferred immediately due to the title being held by the secured loan holder, namely, Members I" Federal Credit Union in the case -5- of the 2005 Honda Civic to be retained by Husband and American Honda Finance in the case of the 2006 Honda Civic to be retained by Wife. b. Identification: Identification of a vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it has been sold or traded in prior to the date of this Agreement. C. Transfer of Titles: The titles to the Vehicles shall be executed by the parties to effectuate the transfers as herein provided as soon as administratively possible. However if necessary, each party agrees to execute a vehicular power of attorney permitting the party retaining a vehicle to execute any and all documents necessary to effectuate the terms of this provision if the title cannot be transferred immediately due to the title being held by the secured loan holder. d. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. e. Liens: In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. f. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall be come the sole and separate property of the other party pursuant to the terms of this Paragraph. B. REAL ESTATE. The parties acknowledge that they jointly own a residence situate at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania (hereinafter the "Real Estate"). It is also acknowledged that there are two (2) mortgages on the Real Estate, (hereinafter the "Mortgages") with the first mortgage balance being approximately $107,000.00 and the second mortgage balance being $28,000.00, the total sums presently due for the Mortgages well exceed the fair market value of the Real Estate. With respect to the Real Estate and the Mortgages, the parties agree that Husband shall have exclusive use and ownership of the Real Estate and Wife shall waive any and -6- all rights that she may have had, she may now have, or she may have in the future in the real estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. The parties agree that Husband and Wife shall execute a deed within seven (7) days of the date of execution of this Agreement, conveying the real estate from both parties to Husband's name alone. The deed, once executed by the parties, will be held in escrow by Husband's counsel and will not be formally delivered or recorded until such time as Wife is released from the Mortgages and promissory notes secured by the property. The parties specifically agree as follows: a. Husband's occupancy. The parties agree that Husband shall be entitled to exclusive use, occupancy, and ownership of the real estate and that Husband shall pay all expenses relating to the Real Estate, including, but not limited to, the Mortgages, real estate taxes, insurance, utilities and the like and she shall hold Wife harmless for same. It is further agreed that all household utility accounts not in Husband's name alone, shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement. Because Husband has exclusive use, ownership and occupancy, he may, within his discretion take such steps that are necessary to ensure the security of the real estate. b. Husband's refinance or assumption. Husband further agrees to apply to refinance or formally assume the Mortgages such that Wife is relieved of any and all liability for same as soon as administratively possible. Husband shall be solely responsible for any and all costs associated with his refinance or assumption of the Mortgages pursuant to this Agreement. C. RETIREMENT ACCOUNTS. PENSION PLANS AND INVESTMENT ACCOUNTS. Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans or investment accounts of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and -7- separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. For the purposes of disclosure, the parties acknowledge the existence of the following accounts: Husband has a retirement account from his employer through Fidelity Investments with an approximate current value of $4,700.00 due to a loan secured by the account, and Wife has a retirement account through her former employer, Carlisle Hospital with an approximate current value of $500.00. D. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto are in the process of dividing between themselves, to their mutual satisfaction, all items of tangible and intangible marital property and it is anticipated that they will accomplish the personal property distribution upon mutual agreement. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. E. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties acknowledge that they have already distributed their cash assets, stock and bonds upon mutual agreement The parties specifically acknowledge herein that they had approximately $2,300.00 in a joint bank account and that they each retained $1,150.00 of that account and that each party now has his or her own, separate bank accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except any such funds or accounts otherwise designated in this Agreement. -8- 8. DEBTS. A. Husband's Debt. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. B. Wife's Debt. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. C. Marital and Non-Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: 1. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the marital debts that a party may have made prior to the execution of this marital Agreement, whether or not that debt is specifically referenced in this Paragraph. 2. Wife's debts: Wife shall be solely responsible for the following bills and debts: i. American Honda Finance: The secured loan obligation for 2006 Honda Civic as well as any and all other expenses and liabilities related to the 2006 Honda Civic including but not limited to the automobile insurance for same. ii. Personal Loan: The personal loan for approximately $4,000.00 what was previously a joint debt but that Wife has refinanced to her name alone, and she shall hold Husband harmless from same. iii. Retirement Funds: Any and all taxes and/or penalties resulting from her withdrawal of funds from any Retirement Plans as -9- referenced in Paragraph 7(C) herein; and iv. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. 3. Husband's Debts: Husband shall be solely responsible for the following bills and debts: i. Member's I" Federal Credit Union Automobile Loan: The secured loan in joint names for the 2005 Honda Civic and any and all other expenses and liabilities related to the 2005 Honda Civic including but not limited to the automobile insurance for same, and he shall hold Wife harmless from same. ii. The Mortgages and other household expenses: Husband shall be fully and solely responsible for the Mortgages on the Real Estate and the other financial obligations related to the Real Estate and the costs of refinancing same as more specifically described in Paragraph 7(B), above. iii. Retirement Funds: Any and all taxes and/or penalties resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; and iv. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein, and Husband expressly agrees to hold Wife harmless for same, without exception. 4. Marital Debt: The parties acknowledge that their joint credit card debt no longer exists and they further acknowledge that the joint line of credit at Ashley Furniture shall be closed as soon as is administratively possible. It is believed that the only other joint marital debt are the household utility accounts that will be titled to Husband's name alone within ten (10) days of the Effective Date of the Agreement. D. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. -10- E. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible after the date of the settlement of the Real Estate, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. F. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. G. No Further Joint Debt: From the date of this Agreement through the date of the real estate settlement for the sale of the Real Estate, the parties may incur joint debt for household expenses which benefit both parties and their child only and said joint debt shall be with notice of same to the other party. Upon the date of the sale of the Real Estate, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. Each party hereby waives any right and/or claim each may have, now or in the future, against the other for counsel fees, costs and expenses. 10. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for spousal support, alimony, alimony pendente lite, counsel fees or expenses. 11. CHILD SUPPORT. The parties agree that, given their respective incomes and their intent to share physical custody of the Children, that there shall be no order for child support entered. The parties do agree however, that Husband shall continue to cover medical insurance for the Children provided that it remains available through his employer at a reasonable cost, as more specifically described in Paragraph 12, below. -11- 12. MEDICAL INSURANCE. The following shall apply regarding medical insurance on the parties and their Children: A. Medical Insurance for Spouse: It is acknowledged that Husband's medical insurance through his employer presently insures Wife, Husband, and their Children at a reasonable cost. The parties agree that Husband shall continue the coverage for the Children and Wife until the date of the entry of the divorce decree at which time Wife's coverage will be terminated but Husband shall continue to cover the Children. Also, if Wife is entitled to elect COBRA coverage under Husband's employment policy in accordance with federal rules and regulations, Wife shall be solely responsible for the payment of any and all costs associated with the COBRA coverage. B. Medical Insurance for Children: Husband shall continue to provide medical insurance coverage on the Children as long as same is available through his employment at a reasonable cost and it is agreed that the parties shall share equally any unreimbursed medical expenses incurred for the Children within ten (10) days of a request for same. If Wife obtains employment that provides her the opportunity to enroll the Children in medical coverage at a reasonable cost, the parties will revisit the issue of medical insurance and will choose a medical insurance policy or policies that are in the best interest of the Children. 13. LIFE INSURANCE. The parties agree that any life insurance policies in place upon the Effective Date shall designate as irrevocable beneficiaries the parties' Children, or if administratively required a trustee for the benefit of the parties' Children. 14. EDUCATIONAL EXPENSES. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post-high school education for the Children, to the extent that they are financially able at that time. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money, however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto the Children for the payment of said expenses. If applicable, both parents shall be involved in and have input into -12- the choice of academic institutions selected by each child. Further, the Children will be required to apply for and to use all possible grants, scholarships and work-study programs and any of their own income or assets before the parties are responsible to contribute to her college expenses. 15. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. It is the intent of the parties to pursue a no-fault divorce decree through the Court of Common Pleas of Cumberland County, Pennsylvania. Either party is free to pursue the divorce proceeding and both parties specifically agree to execute any and all documents necessary to obtain a divorce decree, including but not limited to an affidavit of consent and waiver of notice, within seven (7) days of a request for same. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the -13- Agreement. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. -14- 21. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 22. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 23. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 25. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 27. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. -15- IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: JENA IFER D. OPENSEL USTIN T. GENSEL -16- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OFC?s On this day of ? j 1cC L v 2006, before me, the undersigned officer, personally appeared JENNIFER D. GENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARML SEAL EWRNIE L. COYLE, NOTARY PUBLIC BORO OF CARLISLE, CUMBERLAND CO. PA MY COIMASSION EXPIRES OCTOBER 17, 2008 1 Notary Public COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ?',1 (?Ul 72l l9? On thisaCfday of MiV-t_A 1 , 2006, before me, the undersigned officer, personally appeared DUSTIN T. GENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. .?..w+ ?wvuelAL sEAL STACEY L HOWIE Notary Public MANIPDEN 1WP, CUMBERLAND COUNTY or Gaf:" Expaas Jun 22 2009 ,1 \ 1Z 1 o Pub -17- cam- ?? r 3 Ai'a R?<J?1 Y?x ,. . . 6hd?iVhRAM DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 31, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit 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 unsworn falsification to authorities. Date: M -O) - O (o ?4 J. A-, f DUSTIN T. GENSEL, Plaintiff N O G ? - 113 G:l _ r DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-1895 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: JdJAJ DUSTIN T. GENSEL, Plaintiff N C?J O Ir- Vlt? L? Fnn - C. o N ? DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 31, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit 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: f , (?D (, D. GENSEL, Defendant N C ? nil- G..3 _DpTI "O J J (jl DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-1895 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. `- G Date. D. GENSEL, Defendant w o p r G m nor ? G? r - ? s,g a DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on March 31, 2006. 3. The Complaint was served by Acceptance of Service by Defendant on April 11, 2006, as evidence by same filed on April 24, 2006. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on August 1, 2006 and filed on August 7, 2006. The Defendant's Affidavit of Consent was executed on August 1, and filed on August 7, 2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 1, 2006, and said waiver was filed on August 7, 2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 1, 2006, and said waiver was filed on August 7, 2006. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated March 29, 2006, which will be incorporated into the Divorce Decree, but not merged as per Paragraph 16 on page 13 of the Agreement. Respectfully submitted, LAW FIRM OF LI A A. CLOTFELTER n / l ., Ljnda A. Clotfelter, Esquire A)Romey I.D. No. 72963 21 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 (Telephone) (717) 796-1933 (Facsimile) c? o O v C.' C rr ?: GJ f i :Ell "' N cn -< IN THE COURT OF COMMON PLEAS DUSTIN T. GENSEL PLAINTIFF VERSUS JENNIFER D. GENSEL DEFENDANT No. 06-1895 DECREE IN DIVORCE AND NOW, AU 0 osy 1 ?D 2006 IT IS ORDERED AND Dustin T. Gensel DECREED THAT AND Jennifer D. Gensel ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IT IS FURTHER ORDERED that the terns of the Marital Settlement Agreement of the parties dated March 29, , shall incorporated herein, but not merged, or a purposes of enforcement only, as per Paragraph 16 on page 13 of same. BY THE COURT: "% -? U.A ATTEST: J. ROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. law Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Jennifer D. Gensel, by and through her attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Jennifer D. Gensel is an adult individual who currently resides at 315 N. Hanover Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Dustin T. Gensel, is an adult individual who currently resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. 3. The parties are natural parents of two children, Kayla A. Gensel, born September 11, 1999, and Gavin S. Gensel, born May 9, 2001. 4. The parties filed a Joint Stipulation of Custody on March 31, 2006 and an Order was signed on April 5, 2006 by the Honorable Judge M.L. Ebert, Jr. (Attached as Exhibit "A'" 5. On Saturday, January 13, 2007, Mother received three phone calls from her minor children indicating they could not wake up the respondent and that they were hungry. 6. Petitioner drove to respondent's residence to find him oblivious to his surroundings due to drinking alcohol excessively. 7. Respondent is known to have an alcohol problem and is not capable of caring for the minor children when he is intoxicated. 8. Petitioner is respectfully requesting that this Honorable Court require Respondent to substantially deal with his alcohol problem prior to being granted further periods of custody with the minor children. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting temporary primary physical custody of the children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, ROMINGER & WHARE Date: January 18, 2007 K . Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Petitioner Dustin T. Gensel, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, : CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE. OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, Jennifer D. Gensel, do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dustin T. Gensel 655 Grahams Woods Road Newville, Pa 17241 Date: January 18, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Petitioner ia;I;ivii :APR Y 4 2006 DUffnN T. OZK04 IN I= COURT OF COMMON FL AS OF PJalritl4f t cium uIi L+ m cool ay, PswsY LvAmIA vsti : NG. l16 4? t:IVmmm s JBNXIMR D. GIENSSi, c MIL ACM K - IAW Defendant : IN DIVmcz & cumDY AND NOW, this 0 day of M6, UPCE csat$Wmtian 1A the J ciat Stipuiatian of Custody, the {:hart booby iaoorpoca N Cho Stlpuiattion by rafumce into this Ocdor of Cbmi, ZY 'CAS COURT: Exhibit "A" http://records.ccpa.net/weblink_public/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 1/18/2007 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06- AP CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY'S 7 Fat JOINT STIPULATION. OF CUSTODY -- µ AND NOW,, the parties, Dustin T. Gensel and Jennifer D. Gensel, enter jtto ? .Joij!, N) Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their children: Kayla A. Gensel, born September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years, respectfully stating the following: 1. Plaintiff is Dustin T. Gensel, (hereinafter "Father"), an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. 2. Defendant is Jennifer D. Gensel, khereinafter "Mother"), an adult individual who resides at an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. Effective April 2, 2006, Mother will reside at 315 N. Hanover Street. Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. The parties are the natural parents of two (2) children, Kayla A. Gensel, born September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years (hereinafter collectively referred to as the "Children"). 4. No Order of Court for custody of the Children presently exists between the parties and the parties now seek to have an Order of Court entered that includes the teens of this Stipulation. 5. Since their separation, the parties have continued to live in the marital residence while Mother is awaiting possession of her leased premises. 6. The parties seek to establish a custody schedule to be exercised due to their separate residences as of April 2, 2006. 7. The parties now stipulate and agree to the terms of this agreement to establish an Order for Custody to be docketed to the above-referenced civil docket number. 8. The proposed custody order is in the best interest of the Children because it provides the Children with continuing contact with both parents, it takes into consideration each parent's work schedule, and it permits the Children to reside in the home with which they are most familiar as their residence for the purpose of school enrollment and otherwise. 9. The parties further expressly agree that they shall each be flexible with the custody ai angements and each party shall not unreasonably withhold their consent to alter the schedule of the Order for Custody when requested by the other party. 10. The parties stipulate and agree that the terms for custody of their Children shall be as follows: a) Legal Custody - The parties shall have shared legal custody of the minor Children. Except in the case of an emergency, all major parenting decisions conceming the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records and that the marital residence situate at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214, shall be used as the Children's residence for the purpose of school enrollment or otherwise. b) Physical Custody - The parties specifically agree to share equally physical custody of the Children and they acknowledge their intent to work within their ever-changing work and educational schedules in a manner that is in the best interest of the Children. Effective April 2, 2006, the parties agree to share physical custody as follows: i. The parties agree to alternate custody each Wednesday, beginning with Father having physical custody of the Children April 5, 2006; ii. Mother shall have physical custody of the Children every Sunday, Monday and Thursday; iii. Father shall have physical custody of the Children every Tuesday, Friday and Saturday; iv. Custody transfers shall occur at 9:00 a.m. unless otherwise agreed upon by the parties. C) Holidays - The parties agree that the following holidays shall be designated as holidays for the purposes of this custody stipulation: Easter, Memorial Day, July 4"', Labor Day, Halloween, Thanksgiving, and Christmas. These holidays shall be alternated annually, beginning with Mother having Easter in 2006. The specific times for the holiday periods of custody shall be determined by the parties upon mutual agreement and the parties intend to be flexible with the holiday periods of custody because some relatives reside in the state of Georgia. The holiday periods of custody shall supercede the regular custody schedule and any vacation periods of custody. d) Father's/Mo*,her's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. e) Vacation - Mother and Father agree that they shall each be entitled to two (2) non-consecutive weeks of custody each summer for the purpose of vacations. Each party shall give at least 30 days' advance written notice to the other party of their intended vacation custody periods and the first party giving notice shall prevail in the event of a conflict f) Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. g) Transportation - The parties agree that they shall share equally the responsibility of transportation with the parent receiving custody of the Children being responsible for transportation for that transfer, unless otherwise mutually agreed by the parties. h) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of the Children's school or other .y 1 activities whenever possible. Both parties shall agree to honor and participate in the activities in which the Children wish to participate. During the times that a parent has custody of the Children, the parent will make certain that the Children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. i) Contact information - Each parent shall keep the other parent notified of his or her addresses and telephone number. j) Children's well-being - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. k) Notice Mn travel - Neither party will take the Children more than One Hundred Fifty (150) miles from Carlisle, Pennsylvania without the express consent of the other party. l Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. m) Order o='Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above- captioned docket. n) Restraints - Each party expressly agrees to ensure that the Children are properly secured in the proper child seat/restraints and seat belts when the Children are transported in an automobile and the parties also agree that neither party shall consume alcoholic beverages prior to transporting the Children. 12. This Agreement is binding and enforceable when signed by Dustin T. Gensel and .icnnifer D. Gensel. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. WITNESSES: Altt'lx - -'J DUSTIN T. GENSE1 Jt -b IFE .GENSEL , % COMMONWEALTH OF PENNSYLVANIA COUNTY OF C u Nu??rYL u?-? J? SS. On this ?OT ?H day of &A "LHI , 2006, before me, the undersigned officer, personally appeared DUSTIN T. GENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. FM ?OAHOSAM SEAL i & L HOrWIE Nokxy Relic niw, cuAeEauwD COMM nwra+ Expka Am 22, 2W9 j? - ` lu'u- Nota?Pu>lic COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this o;Z (? - day of , 2006, before me, the undersigned officer, personally appeared JENNIFER D. GENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARIAL SEAL BONNIE L. COYL.E, NOTARY PUBLIC BURG OF CARLISLE, CUMBERLAND CO. PA MY COMMISSION EXPIRES OCTOBER 17, 2006 Notary Public 00 0 -3 tJ - ` ? to w JAN 18 200 01 Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY ORDER OF COURT th AND NOW, this a day of aw?gr , 2007, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby ordered and decreed that temporary primary physical custody of the parties' minor children, Kayla A. Gensel, born September 11, 1999 and Gavin S. Gensel born May 9, 2001, shall be with Petitioner, Jennifer D. Gensel pending scheduling of a conference, hearing, or trial on the matter. BY THE COURT: Distribution: Karl E. Rominger Dustin T. Gensel Q?l?lP'/G? 5 CO J , c Dustin T. Gensel, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CUSTODY STIPULATION This Stipulation is made this3 ? day of G`'1 &,-:;,1-:2 , 2007 by and between Dustin T. Gensel of 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, 17214, herein referenced as "Father," and Jennifer D. Gensel of 315 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013, hereinafter referenced as "Mother." 1. All terms in the April 5, 2006 Order are reinstated with the following additional provisions. 2. Both parties will submit to an evaluation by a professional drug and alcohol counselor and will follow and complete any recommendations made by the counselor. 3. Both parties agree to be evaluated by a licensed psychologist and will follow up with any treatment or care recommended by said psychologist. 4. The parties having agreed that there is a need for further. conciliation on the matter and request a conciliation be scheduled. In witness whereof, the parties, tending to be legally bond by the terms and conditions of this Agreement, execute this Agreement by signing below. Date: ?4-L P Linda A: Clotfelter, Esquire for Respondent Date: 7-, Z ../ - Karl E. Rominger, Esquire for Petitioner Jan 31 07 02:45p Linda A. Clotfelter, Esq. (717) 796-1933 p.2 01-31-'07 14:47 FROM-ROMINGER R WHARE 7172416878 T-603 P003!004 F-334 Dustin T. Gensel, : IN T14E COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNS'YLV'ANIA V. NO. 06-1895 CIVIL TERM Jennifer D. Gensel, : CIVIL ACTION- LAW Defendant : IN DIVORCE dt CUSTODY CUSTODY STIPULATION This Stipulation is made this day of , 2007 by and between Dustin T. Gensel of 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, 17214, herein referenced as "father," and Jennifer D. Gensel of 315 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013, hereinafter referenced as "Mother." 1. All terms in the April 5, 2006 Order are reinstated with the following additional provisions. 2. Both parties will submit to an evaluation by a professional drug and alcohol counselor and will follow and complete any recommendations made by the counselor. 3. Both parties agree to be evaluated by a licensed psychologist and will follow up with any treatment or care recommended by said psychologist. 4. The parties having agreed that there is a need for further conciliation on the matter and request a conciliation be scheduled. Jan 31 07 02:45p Linda A. Clotfelter, Esq. (717) 796-1933 p.3 01-31-'07 14:47 FROM-ROMINGER & WNARE 7172416878 T-603 P004/004 F-334 In witness whereof, the parties, tending to be legally bond by the terms and conditions.of this Agreement, execute this Agreement by signing below. Gate: //d-1/07 Date: Karl E. Rominger. Esquire for Petitioner C7- ?rs _T'l C n rr? ? M 1 DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY RESPONDENT'S ANSWER TO PETITIONER'S PETITION FOR EMERGENCY RELIEF AND NOW, comes Respondent, Dustin T. Gensel, Plaintiff in the above captioned matter, by and through his counsel, Linda A. Clotfelter, Esquire, and responds to Petitioner's Petition for Emergency Relief, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Respondent lacks sufficient knowledge or information to determine the truth of this paragraph and therefore, strict proof thereof is demanded at trial. 6. Denied. Respondent specifically denies that he was drinking alcohol the morning of January 13, 2007, and further denies the implication that he was oblivious to his surroundings due to alcohol. In further answer hereof, Respondent's sleep pattern was due to exhaustion, not alcohol. Respondent, who works third shift, finished his shift Friday morning, January 12, 2007, at 8:00 a.m. Because his two (2) children were sleeping in new beds for the first time that evening, Respondent slept on the couch on the first floor to be near his children at their request. As a result, he slept very little that evening and was awake Saturday morning, January 13, 2007, at 6:30 a.m. through 9:30 a.m. at which time he laid in bed with his sick daughter who was coughing. He coaxed his daughter to sleep and remained sleeping in her bed through the time in question. Respondent lacks sufficient knowledge or information to determine the truth of the remaining allegations of this paragraph and therefore, strict proof thereof is demanded at trial. 7. Denied. It is specifically denied that Respondent has an alcohol problem and it is further denied that he is unable to care for his minor children. In further answer hereof, although Respondent does at times have an alcoholic beverage, he does not drink to the, point of intoxication while having custody of his children and he would never do anything that would impair his ability to take care of his children. In fact, Petitioner's recent unreasonable conduct has lead to the alleged incident and her filing of the Petition was a retaliatory act against Respondent due to other facts related to the parties. Upon information and belief, Petitioner is becoming emotionally unstable and unable to act in a rational manner with respect to Respondent and the parties' children. Petitioner has been repeatedly and at times incessantly telephoning Respondent's home and she has encouraged the children to do the same. Very recently, Petitioner telephoned Respondent's home at 12:42 a.m. to inform Respondent of her filing of an Emergency Petition and more recently, the parties' daughter telephoned Respondent at midnight while in Petitioner's custody. In further answer, Respondent believes that Petitioner's conduct is retaliatory because Respondent is romantically involved with another individual and the day prior to the filing, Respondent reprimanded Petitioner. Petitioner has been instructing the children to become defiant with Respondent and as a result, the children have been refusing to follow directives and upon Petitioner's instructions, the children have demanded to call Petitioner repeatedly and at any time of day. While being defiant, the children have repeatedly informed Respondent that they have the right to speak to Petitioner at any time, and that she has told them that. Moreover Petitioner's filing was delayed five (5) days from the alleged incident but immediately followed Respondent's and the Paternal Grandfather's reprimand of Petitioner because Petitioner took the children from daycare and school without Respondent's consent during Respondent's custody period; and with no notice. Petitioner's conduct caused significant stress for all involved because it was thought that an unknown individual had absconded with the •' 4 children. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 8. Denied. The implication therein that Respondent has an alcohol problem or other problem affecting his parenting abilities is specifically denied. The additional allegations of this paragraph are also specifically denied as Respondent lacks sufficient knowledge or information to determine the truth thereof. Therefore, strict proof of the allegations of this paragraph are demanded at trial. WHEREFORE, Respondent, Dustin T. Gensel, respectfully requests this honorable Court deny Petitioner's Petition for Emergency Relief and order that the shared custody Order between the parties entered upon Joint Stipulation become the effective Order between the parties for this matter. Respectfully submitted, Dated: /0--7 LAW FIRM OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire ,Oettorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff . DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY VERIFICATION I, DUSTIN T. GENSEL, verify that the statements 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. § 4904, relating to unsworn falsification to authorities. Date: I o DUSTIN T. GENSEL 41 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE AND NOW, this day, the undersigned hereby certifies that a true and correct copy of the foregoing RESPONDENT'S ANSWER TO PETITIONER'S PETITION FOR EMERGENCY RELIEF was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire Rominger & Whale 155 South Hanover Street Carlisle, PA 17013 Date: t h 9 )Q-7 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire A orney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Respondent c _ r Ti t .3 -rt Y`om' :,i3 C? ?? ' t & JAN 3 12007 3 Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY ORDER OF COURT NOW THIS ? day of Iosh,j k j , 2007, upon consideration of the within Stipulation, it is hereby Ordered and decreed as follows: 1. All terms in the April 5, 2006 Order are reinstated with the following additional provisions. 2. Both parties will submit to an evaluation by a professional drug and alcohol counselor and will follow and complete any recommendations made by the counselor. 3. Both parties agree to be evaluated by a licensed psychologist and will follow up with any treatment or care recommended by said psychologist. 4. The parties having agreed that there is a need for further conciliation on the matter and requested the same, it is directed that the Court Administrator's office schedule the same. By the Court, ,Nk-? ?_v4v 1 0 J. Distribution: Karl E. Rominger, Esquire /em? _2-6)-07 Linda A. Clotfelter, Esquire Court Administrator's Office #i `t :8 !`? 1- 83.E LOOT DUSTIN T. GENSEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1895 CIVIL ACTION LAW JENNIFER D. GENSEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 20, 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, March 15, 2007 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, 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 ?-- 4V Co-off-E I -I Wd OZ 83 IOQZ 3011. aPJ ?i DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION FOR PERMISSION FOR RELOCATION AND NOW, comes Petitioner, Dustin T. Gensel, by and through his counsel, Linda A. Clotfelter, Esquire, who files this Petition for Permission for Relocation, respectfully stating in support thereof the following: 1. Petitioner is Dustin T. Gensel, Father and Plaintiff in the above-captioned matter. 2. Respondent is Jennifer D. Gensel, Mother and Defendant in the above-captioned matter. 3. The children that are the subject of this Petition are Kayla A. Gensel, age seven (7), born September 11, 1999, and Gavin S. Gensel, age five (5), born May 9, 2001. 4. This Petition for Relocation shall be heard by the Honorable Judge M. L. Ebert, Jr., in May, 2007, at the same time as the Defendant's Petition for Emergency Relief filed January 18, 2007. 5. The parties have agreed that a conciliation conference on Plaintiff's Petition for Permission to Relocation is not necessary due to the recent conciliation on Defendant's Emergency Petition for Special Relief. 6. The parties have shared legal and physical custody since April, 2006. 7. Petitioner's address in Newville has been utilized for the purpose of "school enrollment or otherwise" as indicated in Paragraph 10(A) of the Order. 8. Petitioner's residence in Newville was the marital residence of the parties and Petitioner retained the home in the divorce. r M 9. Respondent moved from the marital residence on April 2, 2006, and presently resides in an apartment in Carlisle, Cumberland County, Pennsylvania. 10. The current arrangement between the parties requires each party to provide the children with transportation to and from school on a daily basis. 11. Petitioner is engaged to Jacquelyn Bucher, who has two (2) children: Gavin Bucher age 9, and Julia Bucher age, 6. 12. Petitioner and his fiance hope to blend their two families. Due to Petitioner's anticipated marital status change, he wishes to move from his present residence in Newville, Pennsylvania. 13. Petitioner wishes to relocate to the Newport, Pennsylvania area. 14. Petitioner believes that it is in the best interest of the children as well as his fiance and her children to relocate Petitioner and the subject children to Newport, Pennsylvania, subject to an appropriate partial custody schedule for the Respondent. 15. Respondent presently works late nights at a local restaurant and bar and, upon information and belief, attends nursing school. 16. Petitioner and the children's move to Newport, Pennsylvania will permit the children to experience more structured, and traditional daily life. 17. If Petitioner moves from the Newville area, the children will have to attend a different school, regardless of parent named as the primary custodial parent. 18. Petitioner believes that the move will benefit Kayla, Gavin, and himself, financially, socially, and emotionally, and will substantially improve the quality of life for the children and himself. 19. Petitioner's motivation for moving is to improve the quality of life for Kayla, Gavin, and himself and it is not motivated in any way by a desire to frustrate the relationship between Respondent and the children. 20. Petitioner's proposed move is not the result of any momentary or ill-advised whim; rather Petitioner has carefully considered the options that are realistically available to him and the parties' children. 21. Petitioner sincerely believes that his relocation will significantly improve the quality of his life and that of Kayla and Gavin and he believes that under the circumstances, it will serve the children's best interests. WHEREFORE, Petitioner, Dustin T. Gensel, respectfully requests that this Honorable Court enter an Order granting him permission to relocate to Newport, Pennsylvania; awarding him primary physical custody of Kayla and Gavin; and awarding Respondent appropriate and liberal partial custody periods. Dated: Respectfully submitted, 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 7964930 Telephone (717) 796-1933 Facsimile Attorney for Petitioner LAW FIRM OF LINDA A. CLOTFELTER DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY VERIFICATION I, DUSTIN T. GENSEL, verify that the statements 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. § 4904, relating to unsworn falsification to authorities. Date: ,A 71P 41vit I. -""ILJ D STIN T. GENS DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE AND NOW, this A 7 th day of March, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing PLAINTIFF'S PETITION FOR PERMISSION FOR RELOCATION was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Jacqueline Verney, Esquire, Conciliator 44 S. Hanover Street Carlisle, PA 17013 LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire At rney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Petitioner C? C=:) C 0 => -_ , `n 1771 ? ,7 y f _ CID , ? MAR 15 2007 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this a 7 "-day of , 2007, 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 o23 k4 day of S'am' , 2007, at ` 3 D o'clock, &-. M., at which time testimony will be tak'd'n. For 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. The Order of Court dated January 31, 2007 is hereby vacated. Pending further Order of Court or agreement of the parties, the Order of Court dated April 5, 2006 shall remain in full force and effect with the following modifications and additions: 3. Father shall forthwith file a Petition for Relocation. 4. Paragraph I Ob shall be deleted in its entirety and replaced with the following: Physical Custody - Beginning March 16, 2007 the parties shall share physical custody of the children on a week on/week off schedule. Mother shall have the first week. The exchange day and time shall be Fridays after school or 4:00 p.m. 4. The parties shall cooperate with family counseling coordinated and scheduled by Father. al y 5. 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, M. L. Ebert, Jr., J. ccarl E. Rominger, Esquire, counsel for Mother ?da A. Clotfelter, Esquire, counsel for Father 10 •1114V 8Z M LODZ At1i1 c3 3H1 30 31y_ ? C331 43 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL, Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla A. Gensel September 11, 1999 shared Gavin S. Gensel May 9, 2001 shared 2. A Conciliation Conference was held March 15, 2007 with the following individuals in attendance: The Mother, Jennifer D. Gensel, with her counsel, Karl E. Rominger, Esquire, and the Father, Dustin T. Gensel, with his counsel, Linda A. Clotfelter, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated April 5, 2006 and January 31, 2007, providing for shared legal and shared physical custody , both parties to obtain D&A and psychological evaluations. 4. Father's position on custody is as follows: Father is in agreement to go to a week on/week off schedule. He currently lives in the Big Springs school district where the children attend school. (Mother recently moved to Carlisle.) Although he has not yet filed a Petition for Relocation, he agrees to file one forthwith. He wishes to relocate to Newport once school is out for the summer and wants the children to attend school there in the fall. If relocation is authorized, he seeks primary physical custody. He disagrees with a babysitting clause that Mother requests. 5. Mother's position on custody is as follows: Mother agrees with the week on/week off schedule but if the relocation is granted, she seeks primary physical custody of the children so that they can attend Carlisle School District and not have to be . ,. transported 45 minutes to school on alternating weeks. She seeks a provision for right of first refusal for babysitting when the custodial parent is not available. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering week on/ week off. It is expected that the Hearing will require one day. Date - 5 v 7 acq line M. Verney, Esquire Custody Conciliator r , DUSTIN T. GENSEL, Plaintiff/Petitioner VS. JENNIFER D. GENSEL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AMENDMENT TO PLAINTIFF'S PETITION FOR PERMISSION FOR RELOCATION AND NOW, comes Petitioner, Dustin T. Gensel, by and through his counsel, Linda A. Clotfelter, Esquire, who files this Amendment to Petition for Permission for Relocation, respectfully stating the following: 1. Judge M. L. Ebert, Jr. has previously ruled in this matter by temporary Order dated January 18, 2007 on Defendant's Emergency Petition for Special Relief. The issue is scheduled to be heard by Judge Ebert on July 23, 2007. 2. Counsel for Defendant/Respondent does not concur with Plaintiff's Petition for Permission for Relocation. Counsel for both parties agreed to have Plaintiff's Petition for Relocation heard concurrently with Defendant's Emergency Petition for Special Relief at the hearing before Judge Ebert scheduled for July 23, 2007. WHEREFORE, Petitioner, Dustin T. Gensel, respectfully requests that this Honorable Court enter an Order granting him permission to relocate to the Newport, Pennsylvania area; awarding him primary physical custody of Kayla and Gavin; and awarding Respondent appropriate and liberal partial custody periods. Respectfully submitted, Dated: lAq IV-7 By: 1- -9 LAW FIRM OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire A orney ID No. 72963 5 21 East Trindle Road, Sui Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Petitioner 00 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of March, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing AMENDMENT TO PLAINTIFF'S PETITION FOR PERMISSION FOR RELOCATION was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Jacqueline Verney, Esquire, Conciliator 44 S. Hanover Street Carlisle, PA 17013 LAW FIRM OF LINDA A. CLOTFELTER Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Petitioner N 7 2 " ,: ^fJ2 y T : tl} _ R rQ DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant PRIOR JUDGE: M.L. Ebert, Jr., J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1895 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR PERMISSION FOR RELOCATION TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Petition for Permission for Relocation that was filed March 27, 2007 and the Amendment to Plaintiff's Petition for Permission for Relocation filed March 30, 2007, without prejudice. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER D By Date: L DA A. CLOTFELTER, Attorney I.D. 72963 50,1 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff '4 t DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of April, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR PERMISSION FOR RELOCATION was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 LAW FIRM OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire / J torney ID No. 72963 (/ 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Petitioner C7 ° C= -n . --4 N CYN rT-l Dustin T. Gensel, Plaintiff V. Jennifer D. Gensel, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1895 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE & CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Jennifer D. Gensel, by and through her attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief 1. The Petitioner, Jennifer D. Gensel is an adult individual who currently resides at 30 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent, Dustin T. Gensel, is an adult individual who currently resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. 3. The parties are natural parents of two children, Kayla A. Gensel, born September 11, 1999, and Gavin S. Gensel, born May 9, 2001. 4. The parties filed a Joint Stipulation of Custody on March 31, 2006 and an Order was signed on April 5, 2006 by the Honorable Judge M.L. Ebert, Jr. (Attached as Exhibit "A" 5. Per the Joint Stipulation of Custody, each party is entitled to two (2) non-consecutive weeks of custody each summer for the purposes of vacation. 6. The Stipulation continues with each party shall give at least 30 days' advance written notice to the other parry of their intended vacation custody periods. 7. Petitioner informed Respondent by way of 30 day written notice, that she would be taking the children on vacation to Corolla, North Carolina between July 20'' to July 27th. 8. Respondent informed Petitioner without a 30 day written notice that his parents would be taking the children on vacation to Corolla, North Carolina from July 13th to July 20th. 9. Despite Respondent not abiding by the Stipulation agreement and Order, Petitioner was and is still willing to allow the children to go on said vacation if an agreement of exchange could be made. 10. Petitioner's counsel had contacted Respondent's counsel to set up a mutually agreed upon time to exchange custody of the children while in Corolla, North Carolina to prevent the children from traveling 7 to 9 hours from North Carolina to Pennsylvania then back to North Carolina another 7 to 9 hours in one day. 11. Respondent continues to refuse to work with Petitioner on an exchange in North Carolina, ultimately subjecting the children to a 12 to 18 hour car ride. 12. Petitioner does not want to deny her children a vacation with their grandparents, based on the fact Respondent won't agree to an exchange in North Carolina. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting an exchange of custody to take place in Corolla, North Carolina on July 20, 2007. Respectfully submitted, ROMINGER & ASSOCIATES Date: July 6, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Petitioner Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, Jennifer D. Gensel, do hereby certify that I this day served a copy of the Emergency Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Linda Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, Pa 17050 Date: July 6, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Petitioner K'rye rsa C--n -TI b = . DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF WITH NEW MATTER AND CROSS PETITION FOR EMERGENCY SPECIAL RELIEF AND NOW, comes Plaintiff, Dustin T. Gensel, Plaintiff in the above captioned matter, by and through his counsel, Linda A. Clotfelter, Esquire, and responds to Defendant's Petition for Emergency Relief, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is specifically denied that Plaintiff did not comply with the written notice requirement of the parties' Custody Stipulation and Order. To the contrary, on June 11th, Plaintiff notified Defendant of his intended vacation beginning July 13th by written notice via first class mail and email. Defendant's allegation in this paragraph is a clear misrepresentation to this court. Attached, as Exhibit "A" and Exhibit "B" respectively are the emails properly giving timely notice and the receipt indicating that Defendant read it on June 11 t'. Therefore, strict proof of the allegations of this paragraph are demanded at trial. e 9. Denied. The allegation in this paragraph that Plaintiff failed in any way to comply with the parties' Stipulation Agreement and Order, is specifically denied. See response to paragraph 8, above. Plaintiff clearly provided Defendant with the required notice for his vacation. The remaining allegations of this paragraph are denied to the extent that Plaintiff lacks sufficient knowledge or information to determine the truth thereof. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 10. Admitted in part and denied in part. It is admitted that Defendant's counsel contacted Plaintiff's counsel to address the July 20, 2007 custody transfer. However, the implication herein that the request was directly rejected is specifically denied. The response clearly stated that Plaintiff did not object to the request for a North Carolina transfer of custody provided that the children are in North Carolina at that time. Attached, as Exhibit "C" and incorporated herein is the correspondence from Plaintiff's counsel to Defendant's counsel addressing the specific issue. In further answer, it was clearly stated that the travel plans were uncertain and it could not be guaranteed that the children would be in North Carolina for a transfer on July 20, 2007. In addition, Plaintiff informed Defendant's counsel that he would happily give Defendant one or two days' notice of the children's location on July 20, 2007 as soon as he had knowledge of same. 11. Denied. As stated in paragraph 10, above, Plaintiff has not refused to conduct the custody transfer in North Carolina on July 20, 2007. Plaintiff simply cannot agree to the transfer in North Carolina because it is very possible that the children will not be there at that time and then the transfer would not be feasible. Also, if the transfer occurred in North Carolina, it would be between the Paternal Grandparents and Defendant. The Paternal Grandparents are not parties to this action and the court does not have jurisdiction over them in this matter, although the grandparents have indicated that if they are in North Carolina with the children at that time, they would transfer the children if Defendant can do so without it becoming a violent altercation. The implication herein that Plaintiff specifically desires to subject the children to an extended automobile ride is denied, and as stated to Defendant's counsel, he does not object, if it is feasible at the time. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 12. Denied. The allegations are denied as Plaintiff lacks sufficient knowledge or information to determine the truth. Therefore, strict proof of the allegations of this paragraph is demanded at trial. WHEREFORE, Plaintiff, Dustin T. Gensel, respectfully requests this honorable Court deny Defendant's Emergency Petition for Special Relief and grant such other relief that this court deems just and proper. NEW MATTER. DEFENSES AND CROSS PETITION FOR SPECIAL RELIEF 13. Plaintiff's responses to Defendant's Emergency Petition for Special Relief are incorporated herein as if fully set forth. 14. Approximately one (1) year ago the parties initiated this custody proceeding by written stipulation submitted to this court with the terms thereof entered as an Order and they had amicably shared legal and physical custody until January, 2007. 15. The parties have been unable to communicate effectively since Defendant learned that Plaintiff began seriously dating one individual. 16. Plaintiff has tried repeatedly to communicate effectively and efficiently with Defendant in this custody matter, to no avail. 17. When Defendant's conduct became irrational and unreasonable with regard to facilitating an amicable relationship for parenting and custody, Defendant filed an Ex Parte Petition for Emergency Relief based upon a fabricated story that Plaintiff had a problem with alcohol. 18. Upon information and belief the filing of the Ex Parte Emergency Petition was retaliatory due to incident just two days prior when Defendant became irate after Plaintiff instructed her to cease taking custody of the children during Plaintiff's custody periods. 19. Despite the fact that Plaintiff had counsel of record, no notice of the alleged claims or the intended Emergency Petition was given to Plaintiff or his counsel. 20. After the Order was entered, Defendant informed Plaintiff of the filing of the Emergency Petition and Order and later called Plaintiff to harass him about it at 12:42 a.m. 21. Defendant blatantly lied in the Ex Parte Emergency Petition, signed by counsel but not verified, as the parties immediately agreed to resolve the Emergency Petition by stipulation reverting to the shared custody schedule and the parties agreeing to participating in a psychological evaluation as well and a drug and alcohol abuse screening. 22. The specific issues and facts raised by Defendant in the Ex Parte Petition were not discussed in detail, although Plaintiff's counsel, who shared Plaintiffs evaluation results with counsel and the conciliator, requested documentation of Defendant's evaluation results. 23. Defendant's evaluation results were requested a second time by letter, but the requests have been ignored by Defendant's counsel and to date they have not been produced 24. Defendant's obsessive conduct about Plaintiff, his whereabouts, and his activities has continued since the conciliation with Defendant telephoning him at all hours of the day, night, and even very early morning hours. 25. Defendant would allege that she was calling for the children or about the children, but would then inquire as to Plaintiff and his activities and/or location. 26. Due to Defendant's irrational behavior and her incessant telephone calls at all hours, communication between the parties has became very difficult. 27. Defendant's unreasonable behavior has caused such stress for the children, Plaintiff, and Plaintiff's family. 28. The stress experienced by the children due to Defendant is so severe that they children are experiencing physical manifestations that have and should be medically treated by professionals. 29. Plaintiff raised his concern for the children's physical and emotional health at the time of the conciliation conference in this matter. 30. It was agreed on March 15, 2007, and later stated in the court order, that the family would participate in counseling to address the issues raised by Plaintiff as well as any other relevant issues that might arise. 31. As ordered, Plaintiff immediately made arrangements to schedule the court- ordered family counseling. 32. By correspondence dated March 27, 2007, Plaintiff's counsel notified Defendant's counsel, of the available counselor and requested Defendant's position on the specific counselor and her availability for the sessions. 33. Defendant's counsel has ignored the March 27, 2007 letter addressing the court- ordered counseling for more than three (3) months, and to date he has not responded. 34. In the time that has elapsed since the issue was raised, the children's emotional health has severely declined. 35. Despite being instructed to shield the children from the custody issues, Defendant has regularly and repeatedly put the children in the middle and used them as a conduit to communicate messages and threats, direct and sublime, to Plaintiff. 36. Defendant often has the children telephone Plaintiff to demand compliance with Defendant's requests, as Plaintiff has heard Defendant in the background telling the children what to say to Plaintiff. 37. The children also communicate messages to Plaintiff in "adult" words that are simply not a young child's vocabulary. 38. At the same time, the children have been forbidden from revealing to Plaintiff certain facts related to Defendant, her personal life, and her strategy in this custody proceeding. 39. The children have become visibly upset with fear of Defendant when Plaintiff learns of a fact or position of Defendant that she had asked them to keep secret. 40. One of the goals of the counseling was to facilitate better communication between the parties. 41. The misuse of telephone contact by Defendant was specifically addressed at the time of the conciliation conference. 42 The parties were directed to be reasonable with the telephone calls between the parties and children. 43. Defendant has blatantly ignored the directive regarding telephone calls. 44. Defendant repeatedly telephones Plaintiff while he has the children, many times per day and often just a minute or two apart. 45. On one occasion recently, Defendant telephoned the paternal grandparents seven (7) times in one day fot no legitimate purpose as the children were not within their custody. 46. Defendant blatantly lied when she had counsel demand a telephone number for the grandparents for emergency contact purposes when she had the number for in excess of two (2) years. 47. Counsel for defendant threatened legal action against Plaintiff if he did not produce the telephone number that Defendant already had for two (2) years. 48. Plaintiff has to pay counsel to address Defendant's frivolous demands for the grandparent's telephone number, and provide the number yet again. 49. The paternal grandparents have severely suffered significant emotionally from the stress they have had to endure from their contact with Defendant; her harassing telephone calls; and by seeing the physical and emotional harm that Defendant is doing to the children. 50. Most recently, Defendant asked Plaintiff if the July 20d' custody exchange could take place in North Carolina. Defendant's written request is attached hereto as Exhibit "D" and is incorporated herein. 51. Plaintiff informed Defendant that he did not object to the transfer although he could not agree due to uncertain vacation plans. (See responses to Defendant's Emergency Petition, above). 52. The children are to be with the paternal grandparents in North Carolina as this is an annual trip that has occurred throughout the parties' relationship and since then. 53. Plaintiff and the paternal grandparents question Defendant's motives in scheduling her vacation in the same place in North Carolina on the same dates that the family typically visits there. 54. Plaintiff and the paternal grandparents fear that Defendant's irrational behavior will continue while the children are with the grandparents in North Carolina. 55. This fear is based upon the prior obsessive behavior and a very recent incident when Defendant appeared at the children's karate exhibition during Plaintiffs time and she acted irrationally and unreasonably. 56. After the exhibition, as Plaintiff, the children and their grandparents walked down an alley to their car, Defendant and her fianc6 followed them and Defendant attempted to drag Kayla away by her arm. 57. This lasted for approximately ten (10) minutes and after repeated requests, Defendant let go of Kayla and retreated. 58. This incident was upsetting for all, but was most stressful for the children. 59. Plaintiff and the paternal grandparents fear that similar conduct may occur in North Carolina. 60. Plaintiff and the paternal grandparents do not want to be court-ordered to be in North Carolina at a certain time, as they may leave that area prior to 4:00 p.m. on July 2e. 61. It is believed that the most recent Emergency Petition as filed by Defendant and which includes blatant lies is another retaliatory act meant to harass Plaintiff and his family. 62. Plaintiff feels that Defendant and her counsel are using this court and thereby county funds in an attempt to control and harass Plaintiff and his family. 63. Defendant and her counsel have ignored all requests and issues raised by Plaintiff. 64. Plaintiff feels that Defendant and her counsel's repeated refusal to cooperate in this custody proceeding shows a complete disregard for this court, the law, and the custody process. 65. It is also alleged that Defendant and her counsel in filing two frivolous emergency petitions and taking the time of this Honorable Court have essentially misused county funds. 66. Plaintiff seeks to have this Honorable Court enter an order preventing Defendant and her counsel from further harassing and wasteful conduct in this proceeding. 67. It is averred that Defendant and her counsel have violated the spirit of the child custody process by abusing and misusing this court and its emergency relief remedies. 68. Plaintiff feels violated and harassed by Defendant and her counsel's misuse of the child custody process and the significant attorney's fees that have been incurred by Plaintiff to address the frivolous claims and efforts to continue to pursue this matter due to Defendant and her counsel's continued nonresponsiveness to all matters in this proceeding. 69. Plaintiff acknowledges the potential remedies of Pa.R.C.P. 1023.1 and its sanctions and/or a proceeding against Defendant based upon her misstatements to the court under oath, but given the fact this is an emergency matter initiated by Defendant, those options are not feasible. WHEREFORE, Plaintiff, Dustin T. Gensel, respectfully requests that this Honorable Court sanction Defendant and her counsel to the fullest extent possible; order their full compliance with all Orders and procedures necessary in this proceeding; prohibit the filing of any additional emergency petitions in this matter unless both counsel for parties complete an investigation into the truth of the facts upon which it is based; grant Plaintiff reasonable attorney's fees for his defense of the two (2) frivolous emergency petitions and his repeated efforts to get responses from counsel; and grant such other relief as this court deems just and proper. Respectfully submitted, Dated: -71 O rB y: LAW FIRM OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire A omey ID No. 72963 ,421 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff VERMCATION I, DUSTIN T. GENSEL, verify that the statements in the foregoing document are, true and correct to the best of my k owledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 0'7 /1,0 A00-7 ?4? ,&j DUSTIN T. GENSE ---------------------------- Original Message ---------------------------- Subject: Vacation From: dustinna kuhncom.net Date: Mon, June 11, 2007 2:41 pm To: J Gensel@comcast.net Cc: dustin@lghncom.net -------------------------------------------------------------------------- June 10, 2007 Jennifer Gensel 30 Broad Street Newville, PA 17241 Jennifer, SUBJECT: VACATION My parents have offered to take Kayla and Gavin to the beach again this year on July 13th thru July 20th. Please let this serve as notice as per our agreement. A copy will be sent via mail. Thanks, Dustin Gensel EXHIBIT "A" ----- Original Message ----- From: "Jennifer Gensel" <JGensel@comcast.net> To: <dustin@kuhncom.net> Sent: Monday, June 11, 2007 11:54 PM Subject: Read: Vacation This is a receipt for the mail you sent to <JGensela,comcast.net> at 6/11/2007 5:41 PM This receipt verifies that the message has been displayed on the recipient's computer at 6/11/2007 11:54 PM EXHIBIT "B" LAW FIRM OF LmA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 June 28, 2007 VIA MAIL AND FACSIlOLE 2414878 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 RE: Gensel v. Gensel - Child Custody Dear Attorney Rominger: facsimile (717) 796-1933 I was absolutely dumbfounded when I received your fax today. It amazes me that you are demanding a response to correspondence we received at 4:20 p.m. on Tuesday while we await responses from you to our letters and telephone messages dating back to March 27, 2007. More specifically, we had raised several issues in our letters dated March 27, 2007; April 11, 2007; April 24, 2007; and May 7, 2007. While attempting to reach you by telephone, I had a discussion with your secretary on May 17, 2007, regarding my concerns with your failure to respond and requesting a status report on the matter. She informed me that she would be speaking to you on that date and would obtain for me whatever information possible and she would provide it to me. I have never heard from her or you until your very recent correspondence, which addressed none of the issues we raised. As far as your inquiry in your correspondence dated June 26, 2007, having had the first opportunity to discuss it with my client today, I now better understand the situation. It is apparent that once again, your client has misrepresented the situation to you in order to antagonize my client (as was also stated by the children). Be advised that Mr. Gensel is not objecting to a transfer on Friday, July 20, 2007, provided that he is in Corolla, North Carolina at 4:00 p.m. on that date. However, Mr. Gensel explained to your client that his plans are uncertain and he cannot guarantee that he will be in Corolla, North Carolina at the time demanded by your client. He simply cannot agree at this time. However, he has told your client that he will be able to give her a day or two prior notice of the place of transfer. Apparently, she was not satisfied with his response because she felt it necessary to again make demands as opposed to requests through your office. As you know, unless the parties MUTUALLY AGREE to vary from the Order of Court as entered, the terms of the Order shall stand. Please see paragraph five (5) of the Order of Court dated March 27, 2007, which specifically states that the Order shall control if the parties can not mutually agree. Again, as I stated, Mr. Gensel is not adverse to her request if it is feasible at that time and he does not know at this point if it will be. EXHIBIT "C" Karl Rominger, Esquire June 28, 2007 Page Two As far as your request for a four-way conference addressing "other issues" in this matter, we suggest that you first inform us of these issues. As stated above, we have attempted to address what we believe were issues and a resolution in our prior correspondence, but have had no response from you in that regard. Quiet frankly, I am not going to continue to chum attorney's fees in this case without specific written notice from you of the alleged issues. Upon my receipt of the written notice, I will discuss the matter with my client and then we will contact you about the manner in which we intend to proceed. Please note that we fully intend to proceed as soon as you provide us the information. On a related issue, at the time of the conciliation conference I had asked that you provide me with written documentation of Jennifer Gensel's drug and alcohol evaluation and psychological review. As you will recall, you had the opportunity to review Mr. Gensel's at the conciliation, yet you did not have Ms. Gensel's with you. I trust that they will be forthcoming in the very near future. We would prefer to have them by facsimile as soon as possible, and we anticipate your cooperation in that regard. LAC/cal cc: Dustin T. Gensel (via email only) Sincerely, jenlt junel3 (2032x2756x256 jpeg) We4ne5day, June 13th, 2007 PUStin, This letter is to inform you. of my i'nteo.t to pick up Kayla and Gavin from your parent's Oacquie an4 Steven Gen5el), cu5to4y at 4pm on July: 201h, 2007 at their beach house in Corrolfa, NC. Ifthis arranger6ent is not agreeable please inform me immediately. I believe this will be in the chf,14ren's best interest because it will el im i hate u n neCeSSary tnvel time `for them. I am VE>.Y flexible about pick up times and dates. I: can pick them up from your parents beach house (or another agreed upon location-)r time before theG.pn? change over. Please inform.me of your parents intentions regar i.ng this matter on or before u n e 201h to avoid any complications fnthis matter. Thank You, Jenn Gensel EXHIBIT "D" ti DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this day, the undersigned hereby certifies that a true and correct copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF WITH NEW MATTER AND CROSS PETITION was served upon the interested parties as follows: Karl E. Rominger, Esquire Rominger & Whale 155 South Hanover Street Carlisle, PA 17013 via facsimile 7/10/07 via first class mail 7/11/07 Judge M. L. Ebert Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 via facsimile 7/10/07 via hand-delivery 7/11/07 Date: 10 10 (By: Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff r•? -'71 11! y .s -TI ? -rte 13 a Q ?? ? i?r 3S I- DUSTIN T. GENSEL, Plaintiff/Petitioner VS. JENNIFER D. GENSEL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AMENDMENT TO PLAINTIFF'S CROSS PETITION FOR EMERGENCY SPECIAL RELIEF AND NOW, comes Plaintiff, Dustin T. Gensel, by and through his counsel, Linda A. Clotfelter, Esquire, who files this Amendment to Cross Petition for Emergency Relief, respectfully stating the following: 1. Judge M. L. Ebert, Jr. has previously ruled in this matter by Orders dated April 5, 2006; January 18, 2007; and March 27, 2007. 2. Plaintiff, Dustin T. Gensel, filed a Answer to Defendant's Emergency Petition for Special Relief with a Cross Petition for Emergency Relief on July 11, 2007. 3. Plaintiff now seeks to amend his Cross Petition for Emergency Relief to inform the court pursuant to a local rule that Judge M. L. Ebert, Jr. has previously ruled in this matter. WHEREFORE, Plaintiff, Dustin T. Gensel, respectfully requests that this Honorable Court deny Defendant's Emergency Petition for Special Relief and grant Plaintiff's Cross Petition for Special Relief. a Respectfully submitted, -71 1-do Dated: LAW FIRM OF LINDA A. CLOTFELTER J c. y: Li da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Petitioner . --} DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1895 CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 00-day of July, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing AMENDMENT TO PLAINTIFF'S CROSS PETITION FOR EMERGENCY SPECIAL RELIEF was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 By: LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff ?Tl DUSTIN T. GENSEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER D. GENSEL DEFENDANT NO. 06-1895 CIVIL ORDER OF COURT AND NOW, this 9m day of July, 2007, this Court having been made aware that the Plaintiff has withdrawn the Petition for Relocation and counsel for the parties are in agreement that the hearing scheduled for July 23, 2007 at 9:30 a.m. is no longer needed, IT IS HEREBY ORDERED AND DIRECTED that the aforementioned hearing is cancelled. M. L. Ebert, Jr., Linda A. Clotfelter, Esquire Attorney for Plaintiff Karl E. Rominger, Esquire Attorney for Defendant Court Administrator - BAJ 1114e) bas 41 By the Court, t1,i li Al no 11:0 V 01 7W LOOZ Ai?b'? v,r ; ?i 3Nl J0 DUSTIN T. GENSEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER D. GENSEL DEFENDANT NO. 06-1895 CIVIL ORDER OF COURT AND NOW, this 17th day of July, 2007, upon consideration of the Defendant's Petition for Emergency Relief, and the Plaintiff's Answer thereto, and after conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that the custody of the children, Kayla A. Gensel and Gavin S. Gensel, will be transferred from the Plaintiff's parents to the Mother in Corolla, North Carolina at 4:00 p.m. on Friday, July 20, 2007, at the beach house of the Plaintiff's parents. IT IS FURTHER ORDERED AND DIRECTED that prior to the time of transfer, the Petitioner Mother will not come within 600 feet of the grandparents' beach house. By the Court, M. L. Ebert, Jr., J. Linda A. Clotfelter, Esquire Attorney for Plaintiff Karl E. Rominger, Esquire Attorney for Defendant ()r-1 Court Administrator - 6A s bas Y? :E?1 s? "? ?, ? ?l'?C L.GI?Z ?? `? ?? .: ?_? ?;,. Dustin T. Gensel, Plaintiff V. Jennifer D. Gensel, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE & CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Jennifer D. Gensel, by and through her attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Jennifer D. Gensel is an adult individual who currently resides at 30 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent, Dustin T. Gensel, is an adult individual who currently resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. 3. The parties are natural parents of two children, Kayla A. Gensel, born September 11, 1999, and Gavin S. Gensel, born May 9, 2001. 4. The parties filed a Joint Stipulation of Custody on March 31, 2006 and an Order was signed on April 5, 2006 by the Honorable Judge M.L. Ebert, Jr. (Attached as Exhibit «A„ 5. Per the Joint Stipulation of Custody, Respondent's address is to be used as the children's residence for the purposes of school enrollment. 6. The children have attended the Newville Elementary School for the last two years, pursuant to an agreement of the parties, although Respondent's address was in the Upper Frankfort School District. 7. Respondent is now intending to enroll the children in the Mt. Rock Elementary School for the 2007 to 2008 school year, as Upper Frankfort School district has closed and the Mt. Rock Elementary School is now in his jurisdiction. 8. Petitioner does not feel it is necessary to uproot the children from the Newville Elementary School, where they have made friends for the last two years. 9. The best interest of the children will be served by granting this relief. 10. School starts the next calendar week, so time is of the essence. 11. Counsel for Respondent has been contacted and she is opposed to the relief requested (Attached as Exhibit "B") WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting the children be enrolled at the Newville Elementary School for the 2007 to 2008 school year. Respectfully submitted, ROMINGER & ASSOCIATES Date: August 24, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Petitioner Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, Jennifer D. Gensel, do hereby certify that I this day served a copy of the Emergency Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Linda Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, Pa 17050 Date: August 24, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Petitioner Page 1 of 1 D[TMN T, GZK&Ml , MAW 4s. J13NMIMB D, GFNSBI., Defendant APR 0 e 2006 /// IBY.------l IN TM COURT OPCOMMON PLZU QR t CUXN3RL4WDCOUNW,PE NSYC VANIA NO. t16. 1 Q ,5 MIL TERM S CML AMOK - IAW IN DIVORCE & CvFWDY ANDNOW,Us 0 dayaf 2M6, upon cmikkntion dthe Joint Stipulation of Cuutody, the Coo( homby inoorpccn4a Cho kpuhidon by tafamce iato this Order of Chat. BY'CPJSMURT; L c 1.1..__. i.. _a ,,,,„ t ,,, ,1 1:,,1, .,,,1.1:./7.,,o nTho..lo.r ocnv7rarT?a=vaeRrcaecinnkPV=WT Tm 1 /1 R/')On7 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06- JFq- CIVIL TERM JENNIFER D. GENSEL, : CIVIL ACTION - LAW _ Defendant : IN DIVORCE & CUSTODY 71 T JOINT STIPULATION OF CUSTODY ? -i AND 1',OW, the parties, Dustin T. Gensel and Jennifer D. Gensel, enter jhto Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their children: Kayla A. Gensel, born September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years, respectfully staling the following: 1. Plaintiff is Dustin T. Gensel, (hereinafter "Father"), an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. ?. i+eienda at 1S Jennifer D. Gensel, (hereinafter "Mother°), an adult individual who resides at an adult individual who resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214. Effective April 2, 2006, Mother will reside at 315 N. Hanover Street. Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two (2) children, Kayla A. Gensel, born September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years (hereinafter collectively referred to as the "Children") 4. No Order of Court for custody of the Children presently exists between the parties and the parties now seek to have an Order of Court entered that includes the terms of this Stipulation. Since their separation, the parties have continued to live in the marital residence while Mother is awaiting possession of her leased premises. 6. The parties seek to establish a custody schedule to be exercised due to their separate residences as of April 2, 2006. The parties now stipulate and agree to the terms of this agreement to establish an Order for Custody to be docketed to the above-referenced civil docket number. The proposed custody order is in the best interest of the Children because it provides the Children with continuing contact with both parents, it takes into consideration each parent's work schedule, and it permits the Children to reside in the home with which they are most familiar as their residence for the purpose of school enrollment and otherwise. 9. The parties further expressly agree that they shall each be flexible with the custody arrangements and each party shall not unreasonably withhold their consent to alter the schedule of the Order for Custody when requested by the other party. 10. The parties stipulate and agree that the terms for custody of their Children shall be as follows: a) Legal Custody - The parties shall have shared legal custody of the minor Children. Except in the case of an emergency, all major parenting decisions concerning the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records and that the marital residence situate at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17214, shall be used as the Children's residence for the purpose of school enrollment or otherwise. b) Physical Custody - The parties specifically agree to share equally physical custody of the Children and they acknowledge their intent to work within their ever-changing work and educational schedules in a manner that is in the best interest of the Children. Effective April 2, 2006, the parties agree to share physical custody as follows: The parties agree to alternate custody each Wednesday, beginning with Father having physical custody of the Children April 5, 2006; ii. Mother shall have physical custody of the Children every Sunday, Monday and Thursday; iii. Father shall have physical custody of the Children every Tuesday, Friday and Saturday; iv. Custody transfers shall occur at 9:00 a.m. unless otherwise agreed upon by the parties. C) Holidays - The parties agree that the following holidays shall be designated as holidays for the purposes of this custody stipulation: Easter, Memorial Day, July 4"', Labor Day, Halloween, Thanksgiving, and Christmas. These holidays shall be alternated annually, beginning with Mother having Easter in 2006. The specific times for the holiday periods of custody shall be determined by the parties upon mutual agreement and the parties intend to be flexible with the holiday periods of custody because some relatives reside in the state of Georgia. The holiday periods of custody shall supercede the regular custody schedule and any vacation periods of custody. d) Father's/Mother's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. e) Vacation - Mother and Father agree that they shall each be entitled to two (2) non-consecutive weeks of custody each summer for the purpose of vacations. Each party shall give at least 30 days' advance written notice to the other party of their intended vacation custody periods and the first party giving notice shall prevail in the event of a conflict f) Agreement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. g) Transportation - The parties agree that they shall share equally the responsibility of transportation with the parent receiving custody of the Children being responsible for transportation for that transfer, unless otherwise mutually agreed by the parties. h) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of the Children's school or other activities whenever possible. Both parties shall agree to honor and participate in the activities in which the Children wish to participate. During the times that a parent has custody of the Children, the parent will make certain that the Children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. i) Contact information - Each parent shall keep the other parent notified of his or her addresses and telephone number. J) Children's well-being - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. k) Notice upon travel - Neither party will take the Children more than One Hundred Fifty (150) miles from Carlisle, Pennsylvania without the express consent of the other party. l; Modification - No modifiwion or waiver of anv of the terms hereof shall be alid unlesc made in writing and signed by both of the parties. rr) Order ofCourt - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above- captioned docket. n) Restraints - Each pal-ty expressly agrees to ensure that the Children are properly secured in the proper child seat/restraints and seat belts when the Children are transported in an automobile and the parties also agree that neither party shall consume alcoholic beverages prior to transporting the Children. 12. T 'his Agreement is binding and enforceable when signed by Dustin T. Gensel and .icnnifer D. Gensel. Both parties agree that this Stipulation shall be incorporated into ar. Order of the Court of Common Pleas of Cumberland County, Peutsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with :heir Agreement. We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. WITNESSES: I ? DUSTIN T. GENSE Jl IFE . GENSEL COMMONWEALTH OF PENNSYLVANIA COUNTY OF ("uM??iYLu? ?i ?> ss. On this day of Mpoz('t-} , 2006, before me, the undersigned officer, personally appeared DUSTIN T. GENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Nov?rlll? SIX Svc& L HOWIE Nolary PuWk Fwmva m Wo. CUMlERI4w CCtm Cona nb on bxpku Jun 22, 2009 Nota?P>x Ac COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this day of 2006, before me, the undersigned officer, personally appeared JENNIFER D. GENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARIAL SEAL EkIBORBO NNIE L. COYLE, NOTARY PUBLIC OF CARLISLE, CUMBERLAND CO. PA ASSION EXPIRES OCTOBER 17, 200 8 Notary Public ?? LAW FIRM OF LINDA A. CLOTFELTER i? 5021 EAST TRINDLE ROAD, SUITE 100 IV -2? 'il MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 August 7, 2007 VIA MAIL AND FACSIMILE (717) 241-6878 Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 RE: Gensel v. Gensel - Child Custody Dear Attorney Mr. Rominger: We are writing in response to your letter in the above-referenced matter dated August 1, 2007. Please be advised that the children's school district is not changing as stated in your letter. It is only the facility that will change due to two school closures and the opening of a newly renovated school - which was an event that the children had been looking forward to for over a year. Also, very specific language addressing this issue was mutually agreed upon by the parties and entered as part of the effective Order. Accordingly, we stand by the terms of the current Order as entered. Sincerely, r?l A. Clotfelter LAC/cal cc: Dustin T. Gensel (via email only) ! ?+ ?? `1h ^, tM W N C,-? r--> `- i f _s `? u,J fir.. l .-t-? 'r ' F? i 3 ?,, ^^? stin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW 1'895 ennifer D. Gensel, NO. 06-4636 r CIVIL TERM Defendant IN DIVORCE &CUSTODY Judge M. L. Ebert Jr. RESPONDENT'S ANSWER TO PETITIONER'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Respondent, Dustin T. Gensel, by and through his , Marylou Matas, Esquire, and files this Answer in response to Petitioner's Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the child, Kayla, SAMIS, FLOWER & LINDSAY A T AidAW 26 West High Street Carlisle, PA has attended the Newville Elementary School for two years. It is denied that the child, Gavin, has attended the Newville Elementary School for two years. Specific proof thereof is demanded at trial. By way of further response, if one is required, Kayla attended the Newville Elementary School for the half day kindergarten program in 2005-2006 and first grade in 2006-2007; Gavin, attended the Newville Elementary School for the half day kindergarten program only for 2006-2007 school year. It is admitted that Father's address was listed as the Upper Frankfort School District for the two school years listed. By way of further response in the event one is required, Father's address has not changed. For the 2007- 2008 school year and forward, Father's address is listed as the Mount Rock Elementary School in the Big Spring School District, due to redistricting by the school and township. A notice supplied to parents on December 22, 2006, attached hereto as "Exhibit A," informs parents of the addresses for redistricting of elementary schools. 7. Admitted. By way of further response, the children have been scheduled to attend Mount Rock Elementary School since 2006, when the school district notified all parents of the scheduled closing of Upper Frankford and its remodeling as a new elementary school. The enrollment in Mount Rock elementary school did not come about as a result of Father's move, but as a result of the school's redistricting and remodeling of the school in Father's area. FLOWER &. LENDSAY ArFORNEMANAW 26 West High Street Carlisle, PA 8. This statement is a conclusion to which no response is required. To the extent a response is required, it is denied. Specific proof thereof is demanded at trial. Father denies that the children are being uprooted from Newville Elementary School, or that they will be moved from friends that they have made. By way of further response, the Big Spring School District underwent redistricting in the past year, which subsequently caused the opening of a new elementary school, Mount Rock, and shifting of students. Many of the students that attended class with the children at issue are scheduled to attend class with them at Mount Rock Elementary School. 9. Denied. It is denied that the best interests of the children will be served by granting the relief requested by Mother. Specific proof thereof is demanded at trial. 10. Admitted. It is admitted that school starts within days after Mother has filed her petition. By way of further response, school is scheduled to start on Tuesday, August 28, 2007. 11. Admitted. WHEREFORE, Respondent respectfully requests your Honorable Court to deny Petitioner's request that the children be removed from the Mount Rock Elementary School for the 2007-2008 school year. RESPONDENT'S COUNTER-CLAIM FOR CONTEMPT AND SPECIAL RELIEF COUNT I - CONTEMPT 12. Paragraphs 1-11 are incorporated herein by reference as if repeated in full. 13. The parties agreed that the Father's address would be used for purposes of school enrollment, said agreement incorporated into the parties' Order of Court dated April 5, 2006. 14. At the time of the parties' separation in April 2006, Father continued to reside in the marital residence, where he has remained, while Mother has moved two times. SAIDIS, FLOWER &. LINDSAY 26 West High Street Carlisle, PA 15. Mother moved from Father's residence to an apartment in Carlisle, where from April 2006 to May 2007. 16. Mother then moved from Carlisle to Newville Borough, in May 2007 where she resides now with her new husband of three weeks. 17. Father has remained the stable and consistent care provider for school purposes, having arranged the transportation for the past two years from the children's pre-school provider to daycare and home and all other aspects of school notices. 18. Without Father's approval, Mother enrolled the child, Gavin, in a special education class in the Carlisle School District during the 2006-2007 school year when she lived in that area. 19. Father had to work with the school board, his daycare providers and other special education workers to make certain that his child was able to attend kindergarten in Newville and properly moved to the first grade in the Big Spring School District without restrictions. 20. Mother willfully violated the Order of Court dated April 5, 2006, in that she failed and refused to provide information regarding legal custody of the child, Gavin. WHEREFORE, Respondent respectfully requests that Petitioner be held in Contempt of the Order of Court of April 5, 2007. COUNT II -SPECIAL RELIEF 21. Paragraphs 1-20 are incorporated herein by reference as if repeated in full. 22. The parties were notified by the district of the scheduled closing of the Upper Frankford School in the beginning of the 2006 school year. 23. The parties sent the children to the Newville Elementary School for the 2006-2007 school year. SAIDIS, FLOWER &. LEN OSAY AMEMPMR-AW 26 West High Street Carlisle, PA 24. Father believed it was in the best interests of the children to go to the Newville Elementary School for the 2006-2007 school year, where they had attended kindergarten. 25. The children are properly enrolled in Mount Rock Elementary School for the 2007-2008 school year. 26. The children have not been moved from the Big Spring School District. 27. The School District made the decision for the parents which elementary school their children would attend when they reorganized the districts. 28. Father has made all necessary arrangements for transportation for bus scheduling, and all other notices to the school regarding the children's contacts have been provided for their current enrollment in Mount Rock. 29. Father has shared the above information regarding the school issue with Mother and Mother has been aware of the redistricting of the schools for many months. 30. Mother has resided in Newville Borough since May 2007. 31. Counsel for Mother sent correspondence to Father's counsel on August 1, 2007 to inquire about whether Father would remove the children from Mount Rock Elementary School for the 2007-2008 school year. A copy of said correspondence is attached hereto as "Exhibit B." 32. Father's counsel responded on August 7, 2007, to advise that Father did not wish to change schools, but preferred to abide by the Court's Order that his address be used for enrollment purposes. That letter is attached to Mother's Petition as "Exhibit A." 33. The children and both parents attended an open house for Mount Rock Elementary on Sunday, August 26, 2007. SAWIS, FLOWER & LENDSAY A710AT 1A?V 26 West High Street Carlisle, PA 34. The children expressed a strong desire to attend that school. 35. Mother has not communicated with Father any attempts she has made to enroll the children in Newville Elementary School; to Father's knowledge, they have not attended any similar open house and Father has not been invited to any such events. 36. Despite being aware of the scheduled redistricting since 2006, her children's enrollment at Mount Rock Elementary School for many months, the terms of the Order of Court dated April 5, 2006, entered into by her own agreement, and counsel's letter dated August 7, 2007 notifying her of Father's desire to abide by the terms of the Order that his address be used for school enrollment purposes, Mother waited until two days before school started to file a Petition for Special Relief to request that the current Order be disregarded. 37. Mother's actions are dilatory, vexatious and without merit, designed to cause Father to incur additional expense throughout these proceedings. WHEREFORE, Respondent requests that Petitioner be Ordered to pay the costs of Father's attorney's fees in the defense of this action, in the amount of $1,000.00. Respectfully submitted, SAIDIS, FLOWER & LINDSAY C, a,-,40 ,, " ? M rylou Mat , Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 g/Z?/o Counsel for Respondent I?ItR F & LINDSAY u?t?.vuw 26 West High Street Carlisle, PA AUG. 27. 2007 1:14PM iS 1. y?' r VERIFICATION 1 verify that the statements made in the foregoing document are true and correct- l understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4944, relating to unswom falsifications to authorities. Austin T. Gensel Date= d ? -12 7 - 0 Big Spring School District District Menu Home Bulldog Features Calendar Our Schools Lunch Menu Athletics/Activities Teacher Pages Department Pages Forms/Documents Staff Directory Weather Directions Search Job Vacancies Special Services Agendas/Minutes Redistricting Info Elementary Construction Today's Lunch None Weather Temperature: 74 ° Humidity: 69% Wind Speed: 4mph District High School Middle School M*unt dock Newrriile Oak Flat Plainfietd District Website -> News -> View News Article Page 1 of 1 ?...___._._._____......, Redistricting Update Information December 22, 2006 The school board and administration have been discussing the elementary redistricting timeline, communication process, and proposed new boundary lines. Please click on the menu item on the left titled "Redistricting Info" for details on the redistricting process. You may also go to the following hyperlink for the same web site: http: //www.bigspring.k12.pa.us/news_features.php?folder_id=2508 Looks best on IE/Netscape 5.x+ at 1024x768. Page generated in 0.14606 seconds. Please direct any web page related questions to the webmaster. http://www.bigspring.kl2.pa.us/news.php?action=view article&article id=1596 8/27/2007 i ' IN Via. . AsSOC '. t'>ta Law Michael 0 PA+ fmo, ,Tr. . Aug',& :. l ,. .±:"•, '.t, t €i thc. Ctn. ,-Qn wisf, to ffmain in same 5cl wel district, which uld aced t tir. #>ra document indicating the e .,a. J )e fact mother <Jdress resides in the -schoo ??v . ??a?? er t t dy order and all lcigal matters to this amp r. 1Ct r3r`v 241-b 7?$* (7Cit I+' ). i ? ?.:, t x '4 = k 3 A. ....... - f?A ??" ^? 4? F J.J34;_.?. r.? wJ •_? ._ _._ -?? ? _ _ j? T- ` , t ..,% ` P ? i t ,,. '? .{ w-J DUSTIN T. GENSEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER D. GENSEL DEFENDANT NO. 06-1895 CIVIL ORDER OF COURT AND NOW, this 24th day of August, 2007, upon consideration of the Defendant's Emergency Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that counsel for the parties shall meet with this Court on Tuesday, August 28, 2007 at 8:30 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that Plaintiffs Counsel shall file a response to the Defendant's Petition. By the Court, xrylou Matas, Esquire Attorney for Plaintiff /arl E. Rominger, Esquire Attorney for Defendant Court Administrator bas M. L. Ebert, Jr., k? c \NA ?` t,J DUSTIN T. GENSEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER D. GENSEL DEFENDANT NO. 06-1895 CIVIL ORDER OF COURT AND NOW, this 28th day of August, 2007, upon consideration of the Defendant's Emergency Petition for Special Relief, the Plaintiff's Answer thereto and Counterclaim for Contempt and Special Relief and after consultation with Counsel, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition for Special Relief is DENIED as is the Plaintiffs Petition for Contempt and Special Relief. IT IS FURTHER ORDERED AND DIRECTED that the Children in this case shall attend the Mt. Rock Elementary School. rylou Matas, Esquire /- A4 o for Plaintiff }Carl E. Rominger, Esquire 1 Attomey for Defendant By the Court, M. L. tbert, Jr., J. Court Administrator . bAS g1,3gle bas A ViN' ? I :I Wd 8Z 9nV LOOZ ?o Akll e1 1. /y[? jta"?1 -1 DUSTIN T. GENSEL, Plaintiff VS. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Linda A. Clotfelter, Esquire, of Law Firm of Linda A. Clotfelter for Plaintiff in the above-captioned matter. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER c Date: S D f21 • - • useA A. CLOTFELTER, ESQ ey I.D. 72963 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ENTRY OF APPEARANCE Kindly enter the appearance of Marylou Matas, Esquire of the firm of Saidis, Flower & Lindsay, for Plaintiff in the above-captioned matter. Date: 91Z-41o-;I- Respectfully submitted, SAIDIS, FLOWER & LINDSAY By: M ATA , QUIRE Attorney .b. 84919 26 W. High Street Carlisle, PA 17013 (717) 243-6222 telephone (717) 243-6486 facsimile ?? ? ? °:? s'?'; :; Gl 'CSC . ?? ? 3 ,,?,,, ". .?= i ,? ?J? ?? J7JJ , 5 ?' Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY PETTITON TO MODIFY CUSTODY AND FOR CONTEMPT I. Petitioner is Jennifer D. Gensel, who resides at 30 Broad Street, Newville, Pennsylvania 17241. 2. Respondent is Dustin T. Gensel, who resides at 655 Grahams Woods Road, Newville, Pennsylvania 17241. COUNTI MODIFY CUSTODY ORDER 3. On March 27, 2007, the Honorable M. L. Ebert, Jr. entered an Order of Court pursuant to an agreement which was reached at the conciliation conference held on March 15, 2007, attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent has failed to abide by the Order. b) Respondent has showed up to pick the children up after drinking alcoholic beverages. c) Respondent has received a DUI recently. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Plaintiff prays this Court to grant the modification of the Court Order of March 27, 2007, as follows: Petitioner is granted primary physical custody of Kayla A. Gensel and Gavin S. Gensel, with Father having periods of partial custody. COUNT U CONTEMPT 7. That on March 27, 2008, the Honorable M. L. Ebert, Jr. entered an Order of Court pursuant to an agreement reached at the conciliation conference which was held on March 15, 2007, with Petitioner and Respondent sharing legal and physical custody of the minor children as follows: Beginning March 16, 2007, the parties shall share physical custody of the children on a week on/week off schedule. The same is attached as Exhibit "A". 8. Respondent has failed to abide by the Order pertaining to the holiday schedule. 9. In particular, Respondent arrived to pick the children up for his scheduled Memorial Day holiday but arrived intoxicated. 10. Petitioner would not allow the children to leave with Respondent as he had been drinking alcoholic beverages and proceeded to call the police. 11. Respondent admitted to the police that he had been drinking alcoholic beverages at the scheduled time to pick up the children. 12. Respondent failed to make arrangements to make up his scheduled holiday time after he had sobered up. 13. Respondent withheld the children from Petitioner on her scheduled 4 h of July holiday, see attached Exhibit "B". WHEREFORE, Petitioner requests that this Honorable Court find the Respondent in contempt of a Court Order and grant all proper and just relief, including make-up time and attorney fees regarding this Petition. Dat . 60 Respectfully submitted, Rominger & Associates Kar E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: -7 b IF50" Je fer D. diii-elDeTendant Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Modify and Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marylou Matas, Esquire Saidis Shuff Flower & Lindsay 26 W. High Street Carlisle, PA 17013 Dat U Respectfully submitted, Rominger & Associates Kaff E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant fffff?-? MAR 15 2007 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL, Defendant : IN CUSTODY ORDER OF COURT onii AND NOW, this -?! day of , 2007, upon consideration of the attached Custody Concili tion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court om No. , of the Cumberl d County urt House, on the day of , 2007, at 2- o'clock,I. M., at which time testimony will bet en. For purposes of this Hearing, the Father shall be deemed to be the moving party a d 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. The Order of Court dated January 31, 2007 is hereby vacated. Pending further Order of Court or agreement of the parties, the Order of Court dated April 5, 2006 shall remain in full force and effect with the following modifications and additions: 3. Father shall forthwith file a Petition for Relocation. 4. Paragraph IOb shall be deleted in its entirety and replaced with the following: Physical Custody - Beginning March 16, 2007 the parties shall share physical custody of the children on a week on/week off schedule. Mother shall have the first week. The exchange day and time shall be Fridays after school or 4:00 p.m. 4. The parties shall cooperate with family counseling coordinated and scheduled by Father. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Eyk? i? `'A`t BY THE COURT, M. L. be r., J. cc: Karl E. Rominger, Esquire, counsel for Mother Linda A. Clotfelter, Esquire, counsel for Father TRUE nrf%ORD In T tir an t e se6 c my hand ?a 1) 47' fh 1d&/ 9M.- DUSTIN T. GENSEL, Plaintiff V. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1895 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla A. Gensel September 11, 1999 shared Gavin S. Gensel May 9, 2001 shared 2. A Conciliation Conference was held March 15, 2007 with the following individuals in attendance: The Mother, Jennifer D. Gensel, with her counsel, Karl E. Rominger, Esquire, and the Father, Dustin T. Gensel, with his counsel, Linda A. Clotfelter, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court dated April 5, 2006 and January 31, 2007, providing for shared legal and shared physical custody, both parties to obtain D&A and psychological evaluations. 4. Father's position on custody is as follows: Father is in agreement to go to a week on/week off schedule. He currently lives in the Big Springs school district where the children attend school. (Mother recently moved to Carlisle.) Although he has not yet filed a Petition for Relocation, he agrees to file one forthwith. He wishes to relocate to Newport once school is out for the summer and wants the children to attend school there in the fall. If relocation is authorized, he seeks primary physical custody. He disagrees with a babysitting clause that Mother requests. 5. Mother's position on custody is as follows: Mother agrees with the week on/week off schedule but if the relocation is granted, she seeks primary physical custody of the children so that they can attend Carlisle School District and not have to be transported 45 minutes to school on alternating weeks. She seeks a provision for right of first refusal for babysitting when the custodial parent is not available. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering week on/ week off. It is expected one day. that the Hearing will require Date - S°' ,,Jacgi 'line M. Verney. ? Custody Conciliator > Esquire Comcast Webmaii - Email Message From: "Dustin Gensel" <dustintg@gmail.com> To: "j_gensel@comcast.net" <j_gensel@comcast.net> Subject: Re: fourth of july holiday Date: Thursday, July 03, 2008 1:00:35 PM Jennifer, Page 1 of 1 Since you refused to give me custody of Kayla and Gavin on my designated Memorial Day holiday I will be celebrating the 4th of July holiday with them from 9 a.m. Friday July 4th to 9 a.m. Saturday July 5th. I will drop Kayla and Gavin off at your house at that time. Dustin Gensel 07/03/08 On 6/28/08,_ > wrote: Dustin I will pick up the kids at 9pm at your house on Thursday July 3rd per our current holiday agreement. Have a GREAT day. Jenn Rollason http://mailcenter2.comcast.net/wmc/v/wm/4872161600039BBF0000557C2207020953 040A... 7/8/2008 Comcast Webmaii -Email. Message From: "Dustin Gensel" <dustintg@gmail.com> To: ' j_gensel@comcast.net" <j_gensel@comcast.net> CC: mmatas@sfl-law.com Subject: Holidays Date: Thursday, July 03, 2008 2:53:31 PM Jennifer, Page 1 of 1 This was purposed to your attorney in regards to holiday transfer times. As you can see I have been trying to establish these times in writting. This would elimanate any confusion for all of us. Please address this as soon as possible so Kayla and Gavin can have some consistency. I was also advised by my attorney that since you would not ;give me custody on Memorial Day that I should have custody of Kayla and Gavin for the 44th of July. I will drop the kids off at your house at 9 a.m. on Sat July 5th. Please, for the sake of the kids do not cause a disruption this 4th of July holiday. Dear Mr. Rominger: My client would like to modify the custody stipulation between the parties to add some specific times to their holiday provision. Currently the parties alternate the holidays of Easter, Memorial Day, July 4 th, Labor Day, Halloween, Thanksgiving and Christmas. There are no specific times for these alternating holidays however. Dustin proposes that the parties alternate these holidays from 9:00 a.m. on the day of the holiday to 9:00 a.m. on the day after the holiday with the exception of Christmas. For the Christmas holiday Dustin suggests that the parties alternate Christmas Eve from 8:00 p.m. to Christmas Day at 8:00 p.m. and from Christmas Day at 8:00 p.m. to the day after at 8:00 p.m. Dustin Gensel 07/03/08 http://mailcenter2.comcast.net/wmc/v/wm/487215F80007BDCA000053 A5220702095 3040... 7/8/2008 Q ? C.r C4 ?b n V? DUSTIN T. GENSEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER D. GENSEL DEFENDANT 2006-1895 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, July 11, 2008 , 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, August 19, 2008 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. 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: Is/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4Z-6-7 ok-T VIp, (3? ? d II v ? I Inr cool '5P/ ?-')H & mlH AUG 28 DUSTIN T. GENSEL, Plaintiff/Respondent V. JENNIFER D. GENSEL Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1895 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ?_ day of S Tt1%V Vr , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The parties hereby withdraw their Petitions for Contempt with Prejudice. 2. The prior Orders of Court dated April 5, 2006 and March 27, 2007 shall remain in full force and effect with the following modifications. 3. The parties shall cooperate with family therapeutic counseling to include co-parenting counseling. Counsel for the parties shall select a therapist. 4. The parties shall continue to share physical custody of the children on a week on/week off basis with the exchange day and time being Friday at 3:50 or after school. 5. The non-custodial parent shall have reasonable telephone contact with the children every Monday and Wednesday at 7:00 p.m. The children shall initiate the telephone call. 6. The parties, household members and babysitters shall not consume alcohol immediately prior to or during their periods of custody or contact with the children. The parents are responsible for enforcing this provision for household members and babysitters. 7. Neither party may remove papers or items from the children's back packs during their non-custodial week. 8. Holidays: A. Labor Day, Trick or Treat night, Thanksgiving, New Years Eve, Easter, Memorial Day and July 4th shall be alternated by the parents. The custodial parent shall have physical custody of the children from 9:00 a.m. the day of the holiday to 9:00 a.m. the day after the holiday. S 8 :S d Z- PS 0001 Father shall have Labor Day, 2008 and the aforementioned holidays shall be alternated thereafter. B. Christmas shall be divided into two Blocks. Block A shall be from 8:00 p.m. Christmas Eve to 8:00 p.m. Christmas Day and Block B shall be from 8:00 p.m. Christmas Day to 8:00 p.m. on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 9. Paragraph l lk is deleted in its entirety and replaced with the following: In the event that either party takes the children on vacation, they shall give the other party 30 days notice with the location and telephone number where the children may be reached. 10. The parties shall notify the other regarding medical and dental appointments prior to the appointment if possible. In the event of an emergency, the custodial parent shall notify the non-custodial parent as soon as possible once the emergency has been dealt with. 11. 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, M.L. Ebert, Jr., J. c arl E. Rominger, Esquire, Counsel for Mother Ldrylou Matas, Esquire, Counsel for Father A AUG 2 8 2008 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL Defendant/Petitioner : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla A. Gensel September 11, 1999 shared Gavin S. Gensel May 9, 2001 shared 2. A Conciliation Conference was held in this matter on August 26, 2008, with the following in attendance: The Mother, Jennifer D. Gensel, with her counsel, Karl E. Rominger, Esquire, and the Father, Dustin T. Gensel, with his counsel, Marylou Matas, Esquire. 3. Prior Orders of Court were entered by the Honorable M.L. Ebert, Jr. dated April 5, 2006 and March 27, 2007 providing for shared legal custody and shared physical custody. 4. Mother filed Petitions for Contempt and Modification. Father filef an answer to Mother's petitions and filed his own Petitions for Contempt and Modification. 5. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquir Custody Conciliator Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW Jennifer D. Gensel, ? NO. 06-8W 38- CIVIL TERM Defendant IN DIVORCE & CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, DUSTIN T. GENSEL, in the above-captioned matter. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY %44'L - --9k. Maatas, Esqu Attome .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 n (717) 243-6486 - facsimile Dated: (/? I Counsel for Plaintiff PRAECIPE TO ENTER APPEARANCE FLOWER ? LINDSAY ,U,t7RNEt5.M-LAW 26 West High Street Carlisle, PA TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, DUSTIN T. GENSEL, in the above-captioned matter. DUSTIN T. GENS L 655 Grahams Woods Road Dated: Newville, PA 17241 FEB 1 7 2619 r-a ? ,Y Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY PETITION FOR CONTEMPT 1. Petitioner is Jennifer D. Gensel, who resides at 30 Broad Street, Newville, Pennsylvania 17241. 2. Respondent is Dustin T. Gensel, who resides at 655 Grahams Woods Road, Newville, Pennsylvania 17241. 3. On September 2, 2008, the Honorable M. L. Ebert, Jr., entered an Order of Court stating that neither party, household members and babysitters shall consume alcohol immediately prior to or during their periods of custody or contact with the children. (Attached as Exhibit "A") 4. Respondent has failed to follow the custody order in that on or about the end of January 2009, Respondent was observed with the minor children at The Valley Bar and Restaurant in Carlisle, Pennsylvania, where he was served several drinks of an alcoholic beverage and left with the minor children. (a statement from Barbara Houseman is attached as Exhibit "B") 5. Additionally, Respondent was observed on or about February 27, 2009, with the minor children at the Rustic Tavern in Carlisle, Pennsylvania where he was served at least two (2) drinks of an alcoholic beverage and left with the minor children. (a statement from Delsi Arthur is attached as Exhibit "C") WHEREFORE, Petitioner requests that this Honorable Court find the Respondent in contempt of a Court Order and grant all proper and just relief, including attorney fees regarding this Petition. _ Date: A 2,1 /1" ? X0 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: W //, `'( fl Je 1?ff6- ( 1) Rollason, Defendant 0? Lr AUG 2 8 2008 DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration ol'tile attached Custody Conciliation Report, it is ordered and directed as follows: The parties hereby withdraw their Petitions for Contempt with Prejudice. 2. The prior Orders of Court dated April 5, 2006 and March 27, 2007 shall remain in full force and effect with the following modifications. 3. The parties shall cooperate with family therapeutic counseling to include co-parenting counseling. Counsel for the parties shall select a therapist. 4. The parties shall continue to share physical custody of the children on a week on/week off basis with the exchange day and time being Friday at 3:50 or after school. 5. The non-custodial parent shall have reasonable telephone contact with the children every Monday and Wednesday at 7:00 p.m. The children shall initiate the telephone call. 6. The parties, household members and babysitters shall not consume alcohol immediately prior to or during their periods of custody or contact with the children. The parents are responsible for enforcing this provision for household members and babysi tters. 7. Neither party may remove papers or items from the children's back packs during their non-custodial week. 8. Holidays: A. Labor Day, Trick or Treat night, Thanksgiving, New Years Eve, Easter, Memorial Day and July 4'" shall be alternated by the parents. The custodial parent shall have physical custody of the children from 9:00 a.m. the day of the holiday to 9:00 a.m. the day after the holiday. L 7y? u 6 +'`A(I Father shall have Labor Day, 2008 and the aforementioned holidays shall be alternated thereafter. B. Christmas shall be divided into two Blocks. Block A shall be from 8:00 p.m. Christmas Eve to 8:00 p.m. Christmas Day and Block B shall be from 8:00 p.m. Christmas Day to 8:00 p.m. on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 9. Paragraph l 1 k is deleted in its entirety and replaced with the following: In the event that either party takes the children on vacation, they shall give the other party 30 days notice with the location and telephone number where the children may be reached. 10. The parties shall notify the other regarding medical and dental appointments prior to the appointment if possible. In the event of an emergency, the custodial parent shall notify the non-custodial parent as soon as possible once the emergency has been dealt with. 11. 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, 1,51 A - 4 - 'E'32 A M.L. Ebe , Jr., J. cc: Karl E. Rominger, Esquire, Counsel for Mother Marylou Matas. Esquire. Counsel for Father TRUE COPY FROM RECORD In yasti,nuay whereof, I here u6to tot. my Mri sWI of said Ow le%% PL Is ' .44k DUSTIN T. GENSEL, Plaintiff/Respondent V. JENNIFER D. GENSEL Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1895 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla A. Gensel September 11, 1999 shared Gavin S. Gensel May 9, 2001 shared 2. A Conciliation Conference was held in this matter on August 26, 2008, with the following in attendance: The Mother, Jennifer D. Gensel, with her counsel, Karl E. Rominger, Esquire, and the Father, Dustin T. Gensel, with his counsel. Marylou Matas, Esquire. 3. Prior Orders of Court were entered by the Honorable M.L. Ebert, Jr. dated April 5, 2006 and March 27, 2007 providing for shared legal custody and shared physical custody. 4. Mother filed Petitions for Contempt and Modification. Father filef an answer to Mother's petitions and filed his own Petitions for Contempt and Modification. 5. The parties agreed to an Order in the form as attached. 2? 2 e==20Q 1111 j Date acq line M. Verney, Esquir Custody Conciliator i . • r_ , w n _i 33? sr- U Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition for Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dustin T. Gensel, pro se 655 Grahams Woods Road Newville, Pennsylvania 17241 Date: k' " "/ & G? Respectfully submitted, Rominger & Associates e Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner OF TH5plbtjl? 2009 AN 16 PPP 2 31 CUA }} ?` j V ill C•LI* x ll% a DUSTIN T. GENSEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-1895 CIVIL ACTION LAW JENNIFER D. GENSEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 26, 2009 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. 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: ls/ 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 OF THE 2009 APR 21 PH 12: 5 t cut,-,_- , fi ?"z yy,,:. j?::,1 Dustin T. Gensel, Plaintiff V. Jennifer D. Gensel, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1895 CIVIL TERM IN DIVORCE &CUSTODY M.L. Ebert, Jr., Judge PETITION FOR CONTEMPT 1. Petitioner is Dustin Gensel, Plaintiff herein, currently residing at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania. Petitioner is hereinafter referred to as "Father." 2. Respondent is Jennifer Gensel, Defendant herein, currently residing at 30 Broad Street, Newville, Cumberland County, Pennsylvania. Respondent is hereinafter referred to as "Mother." 3. The parties are subject to Orders of Court dated September 2, 2008, April 5, 2006 and March 27, 2007, which spell out the terms of their periods of custody. A copy of said Orders are attached hereto and incorporated herein by reference as "Exhibit A, B and C" respectively. Paragraph 5 of the September 2, 2008 Order states as follows: "The non-custodial parent shall have reasonable telephone contact with the children every Monday and Wednesday at 7:00 pm. The children shall initiate the call." FLOWER SAMIS, LWDS" 26 West High Street Carlisle, PA Mother has provided the minor daughter with a cellular telephone and initiates and receives both phone calls and text messages on this phone, during daylight hours and after bed time hours. The substance of the text message conversation between Mother and the minor daughter indicate that Mother requested that the daughter hide the phone from Father, and keep the conversations between the Mother and T daughter a secret from Father. A copy of said text message conversations is attached hereto and incorporated herein by reference as "Exhibit D." 7. Mother has violated the terms of the September 2, 2008 Order in that she has abused telephone privileges by giving the child a cell phone, without Father's knowledge and permission, calls the child at times above and beyond the Court Order, calls the child past bedtime, and interrupts the child's schedule during Father's periods of custody, none of which are reasonable. 8. Mother has violated the terms of the Order in that the Order specifically states that the children are to initiate telephone calls, and Mother has provided a telephone in secret to the children, and initiates text messages to them via the phone. 9. Paragraph J of the parties' April 5, 2006 Order states as follows: Children's well-being - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. 10. Mother has failed to abide by the provisions of this paragraph, in that, she makes negative remarks about Father in front of the children; attempts to alienate the children from Father; and encourages the children to keep secrets from Father. FLOWER & LINDSAY 26 West High Street Carlisle, PA 11. During extracurricular activities, Mother attempts to alienate the children from Father by removing them from his care and control during his periods of custody. 2. During Father's periods of custody, when he would otherwise be responsible for transportation and childcare, Mother appears at the school at the end of the school day, clinging to the children and making it difficult for the children to separate from her. 13. All of these actions by Mother are an effort to disparage Father and alienate him from the children, in violation of the Order. 14. Mother willfully failed to abide by the Orders of Court. WHEREFORE, Petitioner requests this Honorable Court to hold Respondent in contempt, and to Order all other just and proper relief as the Court may find appropriate, including attorney's fees. Respectfully submitted, SAMIS, "NVE.RR & LU* DS" 26 West High Street Carlisle, PA Date: S / zz /D IrJ Saidis, Flower & Lindsay Maryl , Esquire- Supreme 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Petitioner VAV 2A 2?^0 o.?5AA# 'S a nv 1 Dustin T_ Gensel, Plaintiff V. D. Gensel, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1895 CIVIL TERM IN DIVORCE &CUSTODY M.L. Ebert, Jr., Judge VERIE CATION I verify that the statements made in the foregoing document are true and correct. lerstand that false statements herein are made subject to the penalties of 18 Pa. §4904, relating to unsworn falsifications to authorities. DUSTIN ?uw OS ,2110 7 Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Jen fifer D. Gensel, NO. 06-1835 CIVIL TERM Defendant IN DIVORCE &CUSTODY M.L. Ebert, Jr., Judge CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: FLOWER SAID, LIlVDS" 26 West High Street Carlisle, PA Nam & Address Means of Service Date of Service Karl . Rominger, Esquire Fax and U.S. Mail 5/22009 Rom nger & Associates 155 outh Hanover Street Carli le, PA 17013 -?2140? Marylou M a Esquire Attorney f Pla tiff/Pet 26 West Main Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 AUG 2 8 ma DU FIN T. GENSEL, Plaintiff/Respondent V. IIFER D. GENSEL Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA J cos folion s: The parties hereby withdraw their Petitions for Contempt with Prejudice. 2. The prior Orders of Court dated April 5, 2006 and March 27, 2007 shall remain in full force and effect with the following modifications. 3. The parties shall cooperate with family therapeutic counseling to include co-paf•enting counseling. Counsel for the parties shall select a therapist. 4. The parties shall continue to share physical custody of the children on a week n/week off basis with the exchange day and time being Friday at 3:50 or after 5. The non-custodial parent shall have reasonable telephone contact with the childr n every Monday and Wednesday at 7:00 p.m. The children shall initiate the telepl one call. 6. The parties, household members and babysitters shall not consume alcohol immediately prior to or during their periods of custody or contact with the children. The parer s are responsible for enforcing this provision for household members and babys tters. 7. Neither party may remove papers or items from the children's back packs durirl their non-custodial week. 8. Holidays: A. Labor Day. Trick or Treat night, Thanksgiving, New Years Eve, Easter, Memorial Day and July 4"' shall be alternated by the parents. The custodial parent shall have physical custody of the children from 9:00 a.m. the day of the holiday to 9:00 a.m. the day after the holiday. : NO. 2006-1895 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this IC.na day of e-r!r- , 2008, upon eration of the attached Custody Conciliation Report, it is ordered and directed as Father shall have Labor Day, 2008 and the aforementioned holidays shall be alternated thereafter. B. Christmas shall be divided into two Blocks. Block A shall be from 8:00 p.m. Christmas Eve to 8:00 p.m. Christmas Day and Block B shall be from 8:00 p.m. Christmas Day to 8:00 p.m. on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 9. Paragraph 11 k is deleted in its entirety and replaced with the following: In the ev nt that either party takes the children on vacation, they shall give the other party 30 day notice with the location and telephone number where the children may be 1 I 10. The parties shall notify the other regarding medical and dental appointments prior to the appointment if possible. In the event of an emergency, the Custodial parent shall notify the non-custodial parent as soon as possible once the emerg ncy has been dealt with. H. 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 consen In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Isla M. L. Ebert, Jr., J. cc: Karll E. Rominger, Esquire, Counsel for Mother Marylou Matas, Esquire, Counsel for Father TRUE C')PY FROM RECORD In Testimony vd-iereof, I here unto set my hand an a seal of said C r arlis , Pa. ....... A,. ay f. DUS?IN T. GENSEL, Plaintiff/Respondent V. JENNIFER D. GENSEL Defendant/Petitioner PRI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1895 CIVIL ACTION - LAW : IN CUSTODY JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT PRO( report: this lit IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL EDURE 1915.3-8, the undersigned Custody Conciliator submits the following I . The pertinent information concerning the Children who are the subject of oration is as follows: NAME Kayla ?Gensel Gavin Gensel DATE OF BIRTH September 11, 1999 May 9, 2001 CURRENTLY IN CUSTODY OF shared shared 2. A Conciliation Conference was held in this matter on August 26, 2008, with the following in attendance: The Mother, Jennifer D. Gensel, with her counsel, Karl E. Roi ringer, Esquire, and the Father, Dustin T. Gensel, with his counsel, Marylou Matas, Esquire. ?. Prior Orders of Court were entered by the Honorable M.L. Ebert, Jr. dated April . 2006 and March 27, 2007 providing for shared legal custody and shared physical custod 4. Mother filed Petitions for Contempt and Modification. Father filef an ans,vvei to Mother's petitions and filed his own Petitions for Contempt and Modification. 5. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquir Custody Conciliator I MAR I J DUSTIN T. GENSEL, : IN THE COURT OF CO.NINION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL, Defendant : IN CUSTODY" ORDER OF COURT AND NOW, this ? day of 2007, upon consid ration of the attached Custody Concili tion Report, it is ordered and directed as follow : 1. A Hearing is scheduled in Cou R om No. of the CumberlAnd County r House, on the day of 2007, at 4 ;3 v o'clocK, M., at which time testimon?? will be t en. For purposes of this Hearing, the Fattier shall be deemed to be the moving party a d 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. The Order of Court dated January 31, 2007 is hereby vacated. Pending further Order of Court or agreement of the parties, the Order of Court dated April 5, 2006 shall remain in full force and effect with the following modifications and additions: Father shall forthwith file a Petition for Relocation. Paragraph I Ob shall be deleted in its entirety and replaced with the follo,x-irhz: P h?sical Custody - BeLinning March 16, 2007 the parties shall share physicai custody of the children on a week on/week off schedule. Mother shall have the first week. The exchange day and time shall be Fridays after school or 4:00 p.m. The parties shall cooperate with family counseling coordinated and schedul d by Father. 5. The parties may modify this Order by mutual agreement. In the absence of mute 1 consent, the terms of this Order shall control. BY THE COURT, P iz ` b M. L. be r.. J, cc: Karl E. Rominaer, Esquire, counsel for Mother Lin a A. Clotfelter, Esquire, counsel for Father TRUT ?n T t r an t e ThW ..... ) ,g o,? hand DUSTIN T. GENSEL, Plaintiff V. JENNIFER D. GENSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1895 CIVIL ACTION - LA" IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT N ACCORDANCE WITH CUMBERLAND COUNTY ROLE OF CIVIL PROC DUKE 1915.3-8. the undersigned Custodv Conciliator submits the following report: I The pertinent information concerning the Children who are the subject of this litig tion is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla A. ensel September 11, 1999 shared Gavin S. ensel May 9, 2001 shared 2. A Conciliation Conference was held March 15.')007 with the following individual in attendance: The Mother. Jennifer D. Gensel, with her counsel. Karl E. Rominger, Esquire, and the Father, Dustin T. Gensel, with his counsel, Linda A. Clotfelter, squire. 3. The Honorable M. L. Ebert, Jr, previously entered Orders of Court dated April 5, 20 6 and January 31, 2007, providing for shared legal and shared physical custody , b th parties to obtain D&A and psychological evaluations. 4. Father's position on custody is as follows: Father is in agreement to go to a week on% eek off schedule. He currently l1-es in the Big Springs school district where the children attend school. (Mother recently moved to Carlisle.) Although he has not yet filed a Petiti n for Relocation, he agrees to file one forthwith. He wishes to relocate to Newport on e school is out for the summer and wants the children to attend school there in the fall. I relocation is authorized, he seeks primary physical custody. He disagrees with a babys tting clause that Mother requests. 5. Mother's position on custody is as follows: Mother agrees with the week on:'week off s hedule but if the relocation is granted, she seeks primary physical custody of the childre so that they can attend Carlisle School District and not have to be transported 45 minutes to school on alternating weeks. She seeks a first refusal for bab_vsitting when the custodial parent is not availab! pro%'Sion for right of 6 The Conciliator recommends an Order a Hearing and ordering week on, week off. It is expected that t in the form as attached scheduling one da he Hearing i11 require Date ,jacgt line _. Verney. Esquire Custody Conciliator From: " ustin Gensel" <dustintg@gmail.com> To: "j gensel@comcast.net" <j_gensel@comcast.net> Subject: R : fourth of juiy holiday Date: Thursday, July 03, 2008 1:00:35 PM Jennifer, Since your fused to give me custody of Kayla and Gavin on my designated Memorial Day holida I will be celebrating the 4th of July holiday with them from 9 a.m. Friday July 4th to 9 a. m. Saturday July 5th. I will drop Kayla and Gavin off at your house at that time. Dustin G 07/03/08 On 6/28/08, Dustin wrote.- I will pickp the kids at 9pm at your house on Thursday July 3rd per our current holiday agreement. Have a G( EAT day. Jenn son http://mailcenter2.c .net/IArmc/v/wm/4872 l 61600039BBF000055 702207020953040:4... 7/8/2008 From: "D stin Gensel" <dustintg@gmail.com> To: "j_ ensel@comcast.net" <j_gensel@comcast.net> CC: mriatas@sfl-law.com Subject: Holidays Date: Th rsday, July 03, 2008 2:53:31 PM Jennifer, This waspurposed to your attorney in regards to holiday transfer times. As you can see I have been tying to establish these times in writting. This would elimanate any confusion for all of us. Please address this as soon as possible so Kayla and Gavin can have some consistency. I was also advised by my attorney that since you would not give me custody on Memorial Day that I should have custody of Kayla and Gavin for the 4th of July. I will drop the kid off at your house at 9 a.m. on Sat July 5th. Please, for the sake of the kids do not cause a disruption this 4th of July holiday. Dear Mr. Rominger: My client would like to modify the custody stipulation between the parties to add some specific times to their holiday provision. Currently the parties alternate the holidays of Easter, Memorial Day, July 4 th, Labor Dal these alterrn holidays fror with the exci parties alten Christmas D Dustin Gen 07/03/08 Halloween, Thanksgiving and Christmas. There are no specific times for ng holidays however. Dustin proposes that the parties alternate these 9:00 a.m. on the day of the holiday to 9:00 a.m. on the day after the holiday lion of Christmas. For the Christmas holiday Dustin suggests that the to Christmas Eve from 8:00 p.m. to Christmas Day at 8:00 p.m. and from r at 8:00 p.m. to the day after at 8:00 p.m. http://maileenter2 ?comcast.net/wmc/v/wm/487215F80007BDCA000053A52207020953040... 7/8/2008 .. Join Order i Page 1 of APR I* 2w 1@ T. QMK ? Y: t Iti! 4H9 CQL'RkT t3F C?DINMON P)...T,A9 OB t NMb8RLA1pD(70U1MRYFffi?11?f6Y[•VMfIA vi : NO, tli_ {?YILT?iIM D, GIMZi, s MIL ALTION - IA W Dekedaw : N DIVOAC3 & CUS MY W,shis .rlt? dsy of M v UPwcw5i&ntion oft6 of Cu.to4y.:? {rnmt Ae-Why tWrpMCM t6a -%PU d0n by refCMUM inlc th;2 f cbw. MY VM COURT: lr --I-s .icYw 7ror-?.o-. mn A.nnnn:--I-..,-1171 T.... l It O Mi1n-v DUSTIN T_ GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBC+ RLAND COUNTY, PENNSYLVANIA vs. . NO. 06- 1,Pq CIVIL, TERM JE NI RD. GENSEL, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY -1 JOINT STIPELATION OF CUSTODY r-' J = r,? A D 1`-,'0W, the panties, Dustin T. Gensel and Jennifer D. Gensel, enter 4nto Joni Stipulation of-Custody in Cumberland County, Pennsylvania, with regard to their children: Kayla A. Gensel, bo September 11, 1999, age 6 years, and Gavin S. Gensel, born May 9, 2001, age 4 years, espectfully staring the following: I . Plaintiff is Dustin T. Gensel, (hereinafter "Father"), an adult individual wbo resides at 655 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 1'214. 2. r:efe:,dart is immi`er D. Gensel, k,iereinafler "Mother' j, an adult 3ndividuai who resides at an adult individual who resides at 655 Grahams Woods Road, Newville_ Cumberland County, Pennsylvania 17214. Effective April 2, 2006, Mother will reside at 315 N- Hanover Street. Apartment 2. Carlisle, Cumberland County, Pennsylvania 17013. The parties are the natural parents of two (2) children, Kayla A. Gensel, born September 11. 1999, age 6 years, and Gavin S - Gensel, born May 9, 2001, age 4 years (hereinafter collectively referred to as the "Children") 4. No Order of Court for custody of the Children presently exists between the parties and the parties now seek to have an Order of Court entered that includes the teens of is Stipulation. S. Since their separation, the parties have continued to live in the marital residence while Mother is awaiting possession of her leased premises. The parties seek to establish a custody schedule to be exercised due to their separate residences as of April 2, 2006. The parties now stipulate and agree to the terms of this agreement to establish an Order for Custody to be docketed to the above-referenced civil docket number. The proposed custody order is in the best interest of the Children because it provides the Children with continuing contact with both parents, it tapes into consideration each parent's work schedule, and it permits the Children to reside in the home with which they are most familiar as their residence for the purpose of school enrollment and otherwise. 9 ? The parties further expressly agree that they shall each be flexible with the custody aizangements and each party shall not unreasonably withhold their consent to alter the schedule of the Order for Custody when requested by the other party. 10_ ? The parties stipulate and agree that the terms for custody of their Children shall be as follows: a) Legal Custody - The parties shall have Shared legal custody of the minor Children. Except in the case of an emergency, all major parenting decisions concerning the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records and that the marital residence situate at 655 Grahams Woods Road, Newville. Cumberland County, Pennsylvania 17214, shall be used as the Children's residence for the purpose of school enrollment or otherwise. Physical Custody - The parties specifically agree to share equally physical custody of the Children and they acknowledge their intent to work within their ever-changing work and educational schedules in a manner that is in the best interest of the Children. Effective April 2, 2006, the parties agree to share physical custody as follows: The parties agree to alternate custody each Wednesday, beginning with Father having physical custody of the Children April 5, 2006; ii. Mother shall have physical custody of the Children every Sunday. Monday and Thursday, iii_ Father shall have physical custody of the Children every Tuesday. Friday and Saturday; IV. Custody transfers shall occur at 9:00 a.m. unless otherwise agreed upon by the parties. C) Holidays - The parties agree that the following holidays shall be designated as holidays for the purposes of this custody stipulation: Easter, Memorial Day, July 4`h, Labor Day, Halloween, Thanksgiving, and Christmas. These holidays shall be alternated annually, beginning with Mother having Easter in 2006. The specific times fur the holiday periods of custody shall be determined by the parties upon mutual agreement and the parties intend to be flexible with the holiday periods of custody because some rclatives reside in the state of Georgia. The holiday periods of custody shall supercede the regular custody schedule and any vacation periods of custody. d) Father's/Mother's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. e) Vacation - Mother and Father agree that they shall each be entitled to two (2) non-consecutive weeks of custody each summer for the purpo9e of vacations. Each party shall give at least 30 days' advance written notice to the other party of their intended vacation custody periods and the first party giving notice shall prevail in the event of a conflict A ement to Vary - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. Transportation - The parties agree that they shall share equally the responsibility of transportation with the parent receiving custody of the Children being responsible for transportation for that transfer, unless otherwise mutually agreed by the parties. Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of the Children's school or other activities whenever possible. Both parties shall agree to honor and participate in the activities in which the Children wish to participate. During the times that a parent has custody of the Children, the parent will make certain that the Children attend any extracurricular activities- The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. i) Contact information -.Each parent shall keep the other parent nottfied of his UT her addresses and teiephone number. J) Children's well-being - The parties realize rhat the Children's well-being is paramount to any differences they might have between themselves- Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent, lc) Notice MOD travel Neither party will take the Children more than One Hundred Fifty (150) miles from Carlisle, Pennsylvania without the express consent of the other party. } . Modification - No modification or waiver of any of the terms hereof shall be -zlid u--less made in writing and signed by both- of the part:cs. m) Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as an Order of Court for child custody to the above- captioned docket. nl Ri straints - Each party expressly agrees to ensure that the Children are properly secured in the proper child seat/restraints and seat belts when the Children are transported in an automobile and the parties also agree that neither party shall consume alcoholic beverages prior to transporting the Children. 12- This Agreement is binding and enforceable when signed by Dustin T. Gensel and lcnnifer D. Gensel. Both parties agree that this Stipulationn, shall be incorporated into ar. Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation frilly revolves any and all child custody issues between the parties. REFORE, the parties ask that this Honorable Court enter an order in accordance with heir. W? verify that the statements made in the foregoing document are true and correct to the best of our knowledge, infotmaiion and belief. We understand that false statements herein Ewe made subject to t?e penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. WITNES DUSTIN T. DENSE -It IFE - GENSEL L COMM NWEALTH OF PENNSYLVANIA, COUNT OF fur ?j ss. Ju rYLu??11> C? O this 1 _ day ofrf 2006, before me, the undersigned _AA 4g officer, personally appeared DUSTIN T. G.ENSEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same fort a purposes therein contained. M lft' SJun 22. 2W9 11 .?.? ) Not _U is TH OF PENNSYLVANIA COUNTY C CUMBERLAND ss. On d officer, pers( the person w. the same for 5 ? day of? 2006; before me, the undersigned ial ly appeared JENNIFER D. GENSEL, known tome (or satisfactorily proven) to be )se name is subscribed to the within Agreement, and acknowledged that he executed purposes therein contained. "Wyr w Sm aDO M L. COYLE. NorARr PUSUC 8QRO OF RUSLE. CUMB RLAw Co PA My EXPIRES OCTOBER 17.2008 Notary Public '? 'i LAW FIRM OF LINDA A. CLOTFELTER C J;C / 't& 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (?17) 796-1930 facsimile (717) 796-1933 August 7, 2007 241 Karl E. Ro inger, Esquire Rominger Associates 155 South: Hanover Street Carlisle, PA, 17013 RE: Dear Atto We. 2007. Pleas. It is only th renovated sc year. Also,, and entered Order as ente Gensel v. Gensel - Child Custody Mr. Rominger: e writing in response to your letter in the above-referenced matter dated August 1, be advised that the children's school district is not changing as stated in your letter. facility that will change due to two school closures and the opening of a newly ool - which was an event that the children had been looking forward to for over a cry specific language addressing this issue was mutually agreed upon by the parties s part of the effective Order. Accordingly, we stand by the terms of the current ed. aSincerely, r LAC/cal cc: Dustin T. Gensel (via email only) t? - A. Clotfelter Lt ? r / Page 1 of 4 lou From: "D stin Gensel" <d usti ntg@g mail. com> To: < matas@sfl-law.com> Sent: Monday, April 20, 2009 9:15 AM Subject: F d: Call Phones/Easter Holiday ---------- Forw ded message ---------- From: Dustin ensel <dustintg@gmail,com> Date: Thu, Apr 9, 2009 at 12:11 PM Subject: Call P ones/Easter Holiday To: "j_genselC,? comcast.net" <j genselcomcast.net>, karlrommgerlaw.com, "peters, tammy" <peters@,romi gerlaw.com> Jennifer You have once gain violated our custody agreement by initiating cell phone contact with Kayla during my custody periods. I have asked you on multiple occasions to keep the cell phones you purchased for the children at our house. Cell phones are also not allowed at school and you are putting Kayla and Gavin in a position of possible reprimand from school officials. Kayla and Gavin always have ADULT supervision whi e they are with me and there is no need for either of them to have a cell phone. It is also none of your concern where I am at, who the children are with or what Kayla and Gavin are doing during my time. What I find most disturbing is the inappropriate hours, the profanity used, the content and the number of messages exchanged during contact (17 in one day!). Our family has a 9pm bedtime on school night and even after Kayla told you she was tired and wanted to go to bed you still continued to text her and keep her from getting a good nights sleep. I find it absolutely reprehensible that you are encouraging Kayla to deceive our family and asking her to distill these values upon Alexxa as well. Our custody agreement clearly states: The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that m y estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the o her parent You are in violation of this agreement and the content of your text messages clearly demonst ates this. This type of irresponsible, harassing and abusive behavior by you will not be tolerated in our household. So again, please do not encourage Kayla or Gavin to lie or be deceitful and do not harass or question them about our time together. They have both made it clear to me it makes them very uncomfortable and you can also see this from Kayla's lack of response to your prying text messages. Please keep the cell phones at your house! For the benefit the Kayla and Gavin I am looking forward to a smooth transfer Sunday at 9am for the Easter Holiday ithout any false accusations. Thank you, Dustin Gensel 04/09/09 Fri Apr 3rd 5/22/2009 Page 2 of 4 From Kayla I am living sch of i love u Fri Apr 3 344p?n From Jenn i love u too Fri Apr 3 352p dont show lexx she might tell too Fri Apr 3 352p From Kayla I already did sh said she would not tell Fri Apr 3 415p Sat Apr 4th From Jenn I LOVE THE ELL OUTTA YOU! ! ! ! Who ever stops this will have bad luck for 13 years! Tell 9 ppl u luv deco alot (d nt 4get about me). Sat Apr 4 325p Sun Apr 5th From Kayla Hi mom i love and miss u Sun Apr 5 908p From Jenn hi i miss u. did e find ur phone? u still have it! Sun Apr 5 926p From Kayla Yes i still have i good nite Sun Apr 5 941 p From Jenn i love u. tell ur b other too. try to come see tomorrow! Sun Apr 5 942p Mon Apr 6th From Kayla Sorry i did not get to u last nite i feel asleep Mon Apr 6 806a From Jenn does ur father kn w u have ur phone? how was ur lesson? i love u Mon Apr 6 820 5/22/2009 Page 3 of 4 A From Kayla My leson was ood but i need to work on heels and diaganal i love u to Mon Apr 6 857am From Jenn does ur daddy ow u have phone? Mon Apr 6 90 am From Kayla Know not uet Mon Apr 6 9( From Jenn well don't tell m. i dont want u to get in trouble. r u on bus? Mon Apr 6 903 From Kayla Yes i will have o go soon Mon Apr 6 904 From Jenn ok. tell ur brother i love him. make sure u turn it off at school. text me when u go to bed if you can. i love u Mon Apr 6 906 From Kayla Ok i love u to Mon Apr 6 9( From Jenn hi! Mon Apr 6 91 From Kayla Hi sorry iwas sh ping till et and ate then i love u and i am tierd so i want to go to bed i love u and hope u have a nice nit i love u Mon Apr 6 943p From Jenn wat were u shopping for? w who? i am sorryu r tired. love u Mon Apr 6 1009 pm From Kayla I to u to fo cloths good nite Mon Apr 6 101 m From Jenn good night. w ur Mon Apr 6 1011 5/22/2009 Page 4 of 4 From Kayla sleeping Mon Apr 6 10 opm From Jenn sleep tight bab Mon Apr 6 10 ?4prn From Kayla Ok good nite Mon Apr 6 10 4pm Tuesday Apr From Jenn hi Tues Apr 7 85 From Jenn Hi Tues Apr 7 5/22/2009 4 70.00 P A ATTV ear aas&.2 Dustin T. Gensel, Plaintiff V. Jennifer D. Gensel, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-15 CIVIL TERM IN DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE TO E PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, DUSTIN T. GENSEL, in the matter. Respectfully Submitted, SA )IS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY i Mary as, Esqui Attorney 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 - facsimile Counsel for Plaintiff t`?LC t' ? . ,,I 2009 fllY 22 AI N: t:;; 3 r J MAY 2 6 2009 DUSTIN T. GENSEL, Plaintiff/ V. JENNIFER D. GENSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1895 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this -01 day of M e? , 2009, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: The parties' Petitions for Contempt are held in abeyance. 2. The prior Orders of Court dated April 5, 2006, March 27, 2007 and September 2, 2008 shall remain in full force and effect with the following modifications. 3. The parties shall begin family therapeutic counseling to include co- parenting counseling with Dennis Graybill of Guidance Associates within 30 days of this Order of Court. Each party shall supply the necessary retainer. 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. In the event that the parties have failed to proceed to family therapeutic counseling, another Conciliation Conference is scheduled for July 10, 2009 at 1:30 p.m. BY THE COURT, ?? -A, U M.L. Ebert, Jr., J. cc/1 E. Rominger, Esquire, Counsel for Mother arylou Matas, Esquire, Counsel for Father t _ F If L - L?' DUSTIN T. GENSEL, Pleaintiff V. JENNIFER D. GENSEL, Defehdant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1895 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla A. Gensel September 11, 1999 shared Gavin S. Gensel May 9, 2001 shared 2. A Conciliation Conference was held in this matter on May 26, 2009, with the following in attendance: The Mother, Jennifer D. Gensel, with her counsel, Karl E. Rominger, Esquire, and the Father, Dustin T. Gensel, with his counsel, Marylou Matas, Esquire. 3. Prior Orders of Court were entered by the Honorable M.L. Ebert, Jr. dated April 5, 2006, March 27, 2007 and September 2, 2008 providing for shared legal custody and shared physical custody. 4. Mother filed a Petition for Contempt. Father filed a Petition for Contempt. 5. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYI' AI+A V. NO. 06-1895 CIVIL TERM :7n C=) -? Jennifer D. Gensel, CIVIL ACTION- LAW Defendant IN DIVORCE & CUSTODY =` `-? -? The Honorable M. L. Ebert, Jr. C,; t GJ 74' PETITION FOR EMERGENCY RELIEF AND NOW, comes Jennifer D. (Gensel) Rollason, by and through her counsel, Karl E. Rominger, Esquire and in support of her Petition for Emergency Relief avers as follows: 1. Petitioner is the mother of the children Kayla A. Gensel, born September 11, 1999, and Gavin S. Gensel, born May 9, 2001. 2. This Honorable Court previously entered a Custody Order on May 27, 2009, which is attached hereto. 3. Petitioner has informed undersigned counsel that Respondent has recently been investigated by Cumberland County Children and Youth Services for molesting his step-daughter. 4. Petitioner has further been informed that the Respondent has been involuntarily committed to Holy Spirit Hospital in Camp Hill, PA for allegedly threatening harm to others and to himself. 5. Petitioner has also been informed that Respondent, prior to his commitment to Holy Spirit Hospital; confessed to his spouse of having committed inappropriate and abusive acts of a sexual nature against his children. -71 - 00 P-51 WHEREFORE, Petitioner respectfully requests this Honorable Court enter an order granting mother sole physical custody of the children pending full hearing of this matter. Respectfully submitted, ROMINGER & ASSOCIATES Date: Z? ZGr? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner i Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant : IN DIVORCE & CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: l 2Z nnifer D. Gensel) Rollason, Defendant G Dustin T. Gensel, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1895 CIVIL TERM Jennifer D. Gensel, CIVIL ACTION- LAW Defendant IN DIVORCE & CUSTODY The Honorable M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marylou Matas, Esquire Saidis Sullivan Law 26 West High Street Carlisle, Pennsylvania 17013 Date: 71Z 6 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner DUSTIN T. GENSEL, PLAINTIFF V. JENNIFER D. GENSEL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1895 CIVIL IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT w?a co AND NOW, this 28th day of October, 2011, upon consideration of Jennifer Gensel's Petition for Emergency Relief and this Court's consultation with Cumberland County Children & Youth Services; IT IS HEREBY ORDERED AND DIRECTED that Jennifer D. Gensel is granted full legal and physical custody of the minor children, Kayla A. Gensel, born September 11, 1999 and Gavin S. Gensel, born May 9, 2001 pending further Order of Court. IT IS FURTHER ORDERED AND DIRECTED that the Court Administrator shall schedule for the parties for a custody conciliation conference as soon as it can be arranged. By the Court, 1 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 bas µ_ . Ud ?'? ag •I Ib ?0Ict etj e ??I DUSTIN T. GENSEL IN THE COURT OF COMMON PLEAS OF " Cl C 7 - rV `Yt PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN4?a rri rCa,.t ' r- ri _Urn 2006-1895 CIVIL ACTION LAW <> d t? -a JENNIFER D. GENSEL IN CUSTODY C-- tv DF,FENDANT . ORDER OF COURT AND NOW, Friday, November 04, 2011 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, November 22, 2011 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. 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 hearinp,. FOR THE COURT. By: /s/ 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 32 South Bedford Street Carlisle, Pennsylvania 17013 telephone (717) 249-3166 I?eo !j'1r d 1Z' Ur 7?) r 'Py DUSTIN T. GENSEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1895 CIVIL ACTION - LAW JENNIFER D. GENSEL, Defendant IN CUSTODY- _ ORDER OF COURT a ra4 AND NOW, this 5th day of June, 2012, having not been contacted by the parties for more than 90 days to schedule a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, i k' vk"?? ? acq line M. Verney, Esquire, Custod Conciliator