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HomeMy WebLinkAbout06-6505 Paul Ensminger, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. : CIVIL ACTION - LA W : IN CUSTODY ; NO. 06- ~5'D 5' CIVIL TERM Danielle Gerhold, Defendant. COMPLAINT FOR CUSTODY The plaintiff, Paul Ensminger, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Paul Ensminger, residing at 525 Bedford Court, Delbrook Manor, Apartment 525, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The defendant is Danielle Gerhold, residing in Steelton, Pennsylvania. 3. Plaintiff seeks primary custody of: Name Present Residence Age Kirsten Ensminger 525 Bedford Court Delbrook Manor Apartment 525 Mechanicsburg, P A 17050 7 Virginia Ensminger 525 Bedford Court Delbrook Manor Apartment 525 Mechanicsburg, P A 17050 5 The children were born out of wedlock. 4. The children are presently in the custody of Plaintiff, who resides at 525 Bedford Court, Delbrook Manor, Apartment 525, Mechanicsburg, Cumberland County, Pennsylvania, 17050. During the past five years the children have resided with the following persons at the following addresses: Address 493 Cly Road York Haven, PA 17143 Dates October 2001 to October 2003 Persons Paul Ensminger Danielle Gerhold Plantiffs Parents 222 Clay Street West Fairview, PA 17025 October 2003 to October 2004 Paul Ensminger Danielle Gerhold Third Street West Fairview, PA 17025 October 2004 to January 2005 Danielle Gerhold Plaintiff is unaware of Defendant's West Fairview, PA address from January 2005 to October of 2006. Plaintiff believes Defendant moved with children to Steelton, PAin October of 2006. 525 Bedford Court November 2,2006 to Present Delbrook Manor Apartment 535 Mechanicsburg, P A 17050 Paul Ensminger Defendants Mother The mother of the child is Danielle Gerhold. She is single. The father of the child is Paul Ensminger. He is single. 5. The relationship of Plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: Name Relationship Plaintiff resides with the children's Maternal grandmother. 6. The relationship of Defendant to the child is that of mother. The defendant currently resides with the following persons: Name Defendant resides with her paramour. Relationship 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. . ' Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the children's caretaker for much of the children's life; b. Plaintiff will provide the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff will permitt contact between Defendant and the children; d. Plaintiff is willing to accept custody of the children; e. Plaintiff has enrolled the children in school whereas Defendant refused to place the children in school for the past six weeks. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. . . WHEREFORE, Plaintiff requests the court to grant him shared legal custody and primary physical custody of the children, with Mother having periods of partial custody at times mutually agreeable to the parties. Respectfully submitted, Date: \1[-[ {[.71 ctfd~ fa (#1.1 uren McHale Certified Legal Intern ,/ /2/7 '}1. 1/ L "'" ' !~~~ ~. P~~~~ //lLL ~{~L( ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint 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. ~ ~b= , .~ \ ^'^- 1 inger' P . . ~\ ~ 7\) c, r- <>) 4O<l;,'- c:;r '.:'" ....~~~a :1'"1 ."",~ ...; - Paul Ensminger, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : NO. o6-~S"of CIVIL TERM Danielle Gerhold Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Paul Ensminger, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date~ Respectfully submitted, ~el) rJ(t/i1 amen McHal Certified Legal Intern /) , t;t/U:l-ltLtZb ~ ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH MEGAN RIESMEYER Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 I~.j ~:_~~ C) <:'1""\ -on ::;:1 , C~. ,.) :.:;-~ Paul Ensminger, Plaintiff/ Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY : No. 06- ~~c5" CIVIL TERM Danielle Gerhold, Defendant! Respondent PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO P A R.C.P. 1915.13 AND NOW, this 7th day of November, 2006, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Paul Ensminger, by his attorneys, the Family Law Clinic, seeking emergency custody of the two minor children, Kirsten Ensminger, born October 19, 1999, and Virginia Ensminger, born September 12, 2001. In support of his Petition for Special Relief, Petitioner avers the following: 1. The petitioner is Plaintiff Paul Ensminger, an adult individual residing at 525 Bedford Court, Delbrook Manor, Apartment 525, Mechanicsburg, Pennsylvania, 17050. 2. The respondent is Defendant Danielle Gerhold, an adult individual who resides in Steelton, Pennsylvania. 3. The petitioner is the biological father (hereinafter "Father") of the two minor children, Kirsten Ensminger, born October 19, 1999, and Virginia Ensminger, born September 12, 2001. 4. The respondent is the biological mother (hereinafter "Mother") ofthe children. 5. The children were born out of wedlock. 6. The Children have resided with the following persons at the following residences: 122 Sayford Street 1999 to April 2000 Harrisburg, P A 17102 468 Cumberland Court April 2000 to October 2001 Harrisburg, PA 17012 493 Cly Road October 2001 to October 2003 York Haven, PA 17143 222 Clay Street October 2003 to October 2004 West Fairview, P A 17025 Third Street October 2004 to January 2005 West Fairview, P A 17025 Paul Ensminger Danielle Gerhold Paul Ensminger Danielle Gerhold Paul Ensminger Danielle Gerhold Plantiffs Parents Paul Ensminger Danielle Gerhold Danielle Gerhold Plaintiff is unaware of where Defendant lived with children from January 2005 to October of2006. Plaintiff believes Defendant lived somewhere in West Fairview, PA. Plaintiff believes Defendant moved with children to Highspire, PA in October of2006. 525 Bedford Court November 2, 2006 to Present Delbrook Manor Apartment 535 Mechanicsburg, P A 17050 Paul Ensminger Defendant's mother 7. Mother and Father have been the primary caretakers ofthe children since birth. 8. The parties resided together until May of2005. 9. Following their separation in May of2005, the parties agreed to an informal custody arrangement such that Father had custodial periods with the children approximately every other day. 10. Following the separation, Mother has been the primary caretaker of the children. 11. In September of2006, Mother moved with the children to Steelton, Pennsylvania. 12. The child, Kristen, is currently in 1 st Grade. The Child, Virginia, is currently in Kindergarten. 13. Since Mother moved with children, Mother has not enrolled the children in school. 14. Father repeatedly asked Mother to enroll the children in school. 15. On Thursday, November 2,2006, Father moved the children to his residence in Mechanicsburg, Pennsylvania, for the purpose of enrolling the children in school. 16. On Wednesday, November 8, 2006, the children will start their first day at Sporting Hill Elementary School in Mechanicsburg, Pennsylvania. 17. Since November 2, 2006, Mother has made threats that she will take the children away from Father and Father's family and that she will no longer allow father or his family to see the children. 18. Father does not wish to keep Mother from seeing children, however Father is concerned that for the past six (6) weeks the children have not been enrolled in or attending school. 19. Father is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 20. Father believes and therefore avers that it is in the best interests of the minor child that Father be granted shared legal and primary physical custody of the children, with Mother to have periods of partial physical custody at times mutually agreeable to the parties. WHEREFORE, the petitioner Paul Ensminger, respectfully requests that this Honorable Court enter an Order granting Petitioner shared legal and primary physical custody of the children, Kirsten Ensminger and Virginia Ensminger, with Mother to have periods of partial physical custody at times mutually agreeable to the parties. Petitioner further requests that this matter be scheduled for hearing or conciliation. Respectfully submitted, \ Il.:tJ r,1-( Date ~~{ " ,11 . \' it Lauren McHale Certified Legal Intern i Ii tLw tl .'~ 2:1..-~ /) It/. ~/t LUCY J HNSTON- W ALS ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsifioation to authorities. Date: \\- '1-0b n "A_ .:.) -1'1 \ (..':l \.'::'1 (..;', NOV 08 2006 ~ Paul Ensminger, Plaintiff/ Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY Danie11e Gerhold, Defendant! Respondent : No. 06-" 5'05 CIVIL TERM ORDER OF COURT AND NOW, this <;tl. day of,J~ ,2006, upon consideration of the attached Petiton for Special Relief Seeking Emergency Custody Pursuant to P A R.C.P. (. J- - ~::' n--.. ~~:~:t ~~ ,');-1)" 1915.13, tfu., Yd~: :. i?~d. P\ltithnuJf tmd ~ IJ 11 lut. 8 ~ 18 gal --{J _ tJ (ft1YV ~ ~ ".3 ~f14 e. -;i ~ c...;s ~ J B'oIGtill1r BfthIl91.,u'1lA ~" ~: _~ ~:" ; ; :: ~f"tliP ~hijdren Q,l ~,k) ,~,,~ · . ~y~ ~_i aJ~ d.. -~- Vyltt ~,:)}lUlld~Ill havthg ptalvd~ vf pC11hal }l1~].,u...u.1 ",ubtvd) "t tJ.UJ."''' u.iulua11] a5J.",,,,~le ~.~..c.:. '.s )~.. h,., ~ ~~4 ~ ~ e,-,/ J ~ ~ ",.,l - ;:J;t~SI--U~~ Jf'~. J. ~1- \t\ "2; ..... ,'~~~'- rl\ C\'J ~ rN q~\Jl n - f\L\ \\\\'\1 0 \',<2. :,.\ .~.... _ \ '0 \', _l\-\j.. :::I __',I'. r-' \l.1, \ :~)c}'l,,~. \ \:eN 1U:'~": \ :;T~,-{\:l It:: {\ ":'"j'.J\~2~-.-'-"'( ~ \ ; ".." L kO ;or IT \ tJ' ~\'(-P. _UJ . AW .1- V"'J)1I ~ ,r V'"~....N IVt1 t'I'- Paul Ensminger, Plaintiffl Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Danielle Gerhold, Defendant! Respondent No. 06-6505 CIVIL TERM AFFIDAVIT OF SERVICE I, Krista Ann Freego, hereby certify that I personally served a true and correct copy of the Petition for Special Relief, Order of Court, and Complaint for Cusotdy, on Danielle Gerhold, at: 158 2nd Street, Highspire, P A 17034, at 5 :30 pm. on Friday, November 10, 2006. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 11/13/06 i/) Cc ; .I / r-:> = co.::> Cf"" o -n .-\ -:r: (" ~ c...) - - :::1 "1~"" ~ b \.0 PAUL ENSMINGER, Plaintiff/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN CUSTODY DANIELLE GERHOLD, Defendant/Respondent: NO. 06-6505 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of November, 2006, the Respondent desiring to obtain counsel, and having confirmed that the children are not enrolled in school, this matter shall be resolved at the conciliation. Pending the conciliation, the children shall remain in father's primary custody subject to periods of visitation with mother as agreed upon by the parties. Edward E. Guido, J. Krista Ann Freego, Certified Megan Riesmeyer, Esquire Family Law Clinic For the Plaintiff/Petitioner Legal Intern Defendant/Respondent, Pro se Sheriff - l!VJrIt! c6J~. >~~ 11- (~o(, G- srs 22:5 S I I,m,! SOUl 3Hl .:10 :;~);.:!,~~_(). '::1:1"'1;:1 . PAUL ENSMINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-6505 CIVIL ACTION LAW DANIELLE GERHOLD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 14,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, December 22, 2006 at 10:30 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 hearine:. FOR THE COURT. By: Isl Melissa P. Greevy, Esq. Custody Conciliator fP' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 ~~ ,? "frW ~ 'Ii? -51"/1 "-I?)?.? ~- ~~ ~~:.SI.II '7;::/ :t ~ ~-;:w ~(/:.9/ '11 9 S :2 Hd S I /\014 90Dl ^tJVICJ(<:~>,!L:Y::d 3Hl :JO :;~)U:'C-{I:J H::l . f o Paul Ensminger, Plaintiff! Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY Danielle Gerhold, Defendant! Respondent : No. 06-6505 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 5' day of Wrv'Gr\/ ,2007, between Paul - , Ensminger, hereinafter Father, and Danielle Gerhold, hereinafter Mother, concerns the custody of their two children: Kirsten Ensminger, born October 19, 1999 and Virginia Ensminger, born September 12,2001. Mother and Father desire to enter into an agreement regarding the custody of their children. Mother and Father agree to the following. 1. Mother and Father shall have shared legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children every weekend from Friday after school until Sunday at 6:00 p.m. 4. Holidays: Mother and Father shall alternate holidays as follows: a. Father shall have the children on the Fourth of July in odd numbered years. Mother shall have the children on the Fourth of July in even numbered years. b. Father shall have the children on Memorial Day and Labor Day in even numbered years. Mother shall have the children on Memorial Day and Labor Day in odd numbered years. c. Father shall have the children on Halloween for trick or treating in odd numbered years. Mother shall have the children on Halloween for trick or treating in even numbered years. The Halloween Holiday shall be the day designated for trick or treating by the Borough of Mechanicsburg. If the designated date for trick or treating is different in each borough that each parent resides, then each parent shall have the children on Halloween for trick or treating. d. Father shall have the children on Thanksgiving Day in odd numbered years. Mother shall have the children on Thanksgiving Day in even numbered years. e. Father shall have the children on Easter Sunday in even numbered years. Mother shall have the children on Easter Sunday in odd numbered years. f. Father shall have the children on Father's Day every year. Mother shall have the children on Mother's Day every year. g. Father and Mother shall both have the children for half of the day on Christmas Eve Day, and Christmas Day. Father shall have the children from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas Day in odd numbered years. Mother shall have the children from 3 :00 p.m. on Christmas Eve until 3:00 p.m. on Christmas Day in even numbered years. h. Summer Vacation: 5. Summer Vacation: a. Father shall have custody of the children from the last day of school until July 13th each year. b. Mother shall have custody of the children from July 13th until seven (7) days before the school year starts. 6. Each parent is responsible for transporting the children to the other parent's residence. Father shall transport the children to Mother's residence on Fridays after 4:00 p.m. and Mother shall transport the children to Father's residence when she returns the children on Sundays. 7. The custodial parent will notify the non-custodial parent of all medical care or medical emergencies that arise while in that parent's care. The custodial parent must notify the non-custodial parent of all medical care or medical emergencies within twenty-four (24) hours of such an event. 8. Mother and Father agree that the custodial parent shall provide the non- custodial parent with reasonable telephone contact with the children. 9. Neither parent will display any negative behavior to the other parent in the presence of the children or during the exchange of the children. 10. Neither parent will do anything which may estrange the children from the other party, or 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 and respect for the other parent. 11. The parties may modify this agreement by mutual agreement. ... '" ' .' ... 12. The parties intend to be bound by the terms of this agreement and intend for this agreement to be made an Order of Court. 1~ is. 07 Date: a,",J//~ ~ Danielle Gerhold, efendant Krista Ann Fr ' Certified Legan Intern Counsel for Plaintiff J i a olst, Esquire id Penn Legal Services Counsel for Defendant r!lMf1 !i:f~ THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax (717) 243-3639 (") ~ ~ ~ ~ ...... ~01 ." :~ Z~-n ~ Vjr- .' .J?: (.oJ :<"'..: ~(] .::-t :bit g~ ~8 ::&: $c - 9 ~ w ~ (...) FEBOS 2007 ~i PAUL ENSMINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '50S 06-e50&.- CIVIL ACTION LAW vs. DANIELLE GERHOLD Defendant IN CUSTODY ORDER AND NOW, this 5th day of February, 2007, the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for February 6,2007 is cancelled. FOR THE COURT, Da~ Custody Conciliator o ~ c: ~ ~ a ~f;l\ :t::,,, '1"C' u!~o ::?.c,.,. l:2 .; ~~) 'P"c ~ ~ ~f! - ~~ N -:-:::tq, -0 ~ti -:s t5 t'O c.a A '" ~ o o FEe 13 2007 /YI( PAUL ENSMINGER, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-6505 CIVIL TERM DANIELLE GERHOLD, DefendantJRespondent: CUSTODY CUSTODY ORDER ANDNOW,thisJ(.~ daYOf~~ , 2007, the following Order is entered by consent of the parties with regard to custody of the parties' minor children, Kirsten Ensminger, born October 19,1999 and Virginia Ensminger, born Septemer 12, 2001. Edward E. Guido, Judge Distribution: Krista Ann Freego, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 ~ ~ .;l./l,-() 7 ~ \/1 NV/\lASNN3d i INn ,'"'.. r-''''t.. -.". ii.' ..'.. -.'r..' A'n'"' lul', h,Ji ,...':'::tY'Il v 9S :01 WV 91 93.:i toOl Al:I'v'lONOHIOt1d 3H1 :K) '38l:l.:l0-031l:J PAUL ENSMINGER Plaintiff/Respondent V. DANIELLE GERHOLD Defendant/Pethioner IN THE COURT OF COMMON PLEAS : OF PENNSYLVANIA, CUMBERLAND COUNTY s CIVIL ACTION NO. 06 - 6505 ° pr 7-- F C z' O --i IN CUSTODY Petition for Modification of Existing Custody Order NOW COMES Danielle Gerhold, Defendant, by and through her attorney, Christopher J. Basner, P.C., and respectfully represents as follows: 1. Defendant, Danielle Gerhold, is the natural mother of the said minor children and is an adult individual residing at 1077 Pine Hill Road, Duncannon, Perry County, Pennsylvania. 2. Plaintiff, Paul Ensminger, is the natural father of the said minor children and is an adult individual with an address of 427 South Arch Street, Mechanicsburg, PA 17050. aD Q11A-? *- (0.60a ckoIq 9 V A- ae2,s3 3. The subject children are Kirsten Ensminger, age eleven (11) years old, born October 19, 1999; and Virginia Ensminger, age nine (9) years old, born September 12, 2001. 4. An Order of Court regarding the custody of the said minor children, was entered February 16, 2007, in the above-captioned number. A copy of the said Order is attached hereto, incorporated herein by reference and marked Exhibit "A". 5. The said Order allowed for primary custody to be with that of the plaintiff father. 6. Defendant Mother Danielle Gerhold was Ordered partial physical custody. 7. Said Order could be modified by the agreement of the parties. 8. The best interest and permanent welfare of the children will be served by granting the following custody requested because the mother has had the girls full-time since very shortly after the agreement was entered as an Order of Court. The plaintiff father has not exercised primary physical custody, and, in fact, has not been very involved in the girls' lives. 2 9. It is respectfully requested that This Honorable Court take Judicial Notice of the plaintiff s last addresses from the Prior Custody Petition. 10. Defendant currently lives with Mr. Randal Geeslin, and has resided at 1077 Pine Hill Road, Duncannon, PA, and has done so since April of 2010. 11. Defendant seeks primary physical custody of the said minor children and intends to move out of state, to Mississippi, and hereby notifies the Plaintiff of the same. 12. Plaintiff is seeking a Holiday schedule, as the parties agree. WHEREFORE, Defendant Mother Danielle Gerhold requests This Honorable Court to grant to her primary physical custody of the children, with certain visitation rights to the plaintiff father, but only with the protection of said Court intervention and preservation of said Court jurisdiction. 3 Respectfully submitted, Christopher J. Basner, P.C. By: C stopher J. Basner, Esquire Attorney I.D. No. 205985 341 Market St Newport, PA 17074 (717) 567-6993 Attorney for Defendant Mother Danielle Gerhold Date: 2011 4 Verification I, Danielle Gerhold, verify that the statements made in the Petition for Modification of an Existing Custody Order 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 . WW-I' AA w anielle Gerhold Exhibit A o CUSTODY ORDER AND NOW, this day of , 2007, the following Order is Fe is 2(o? tx? PAUL ENSMINGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-6505 CIVIL TERM DANiRI.i E GERHOLD, Defendant/Respondent: CUSTODY entered by consent of the parties with regard to custody of the parties' minor children, Kirsten Ensminger, born October 19, 1999 and Virginia Ensminger, born Septemer 12, 2001. Edward E. Guido, Judge Distribution: Krista Ann Freego, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 0013 Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 l7 Paul Ensminger, Plaintiff/ Petitioner V. Danielle Gerhold, Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY No. 06-6505 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 5 day of i_ W6U , 2007, between Paul Ensminger, hereinafter Father, and Danielle Gerhold, hereinafter Mother, concerns the custody of their two children: Kirsten Ensminger, born October 19, 1999 and Virginia Ensminger, born September 12, 2001. Mother and Father desire to enter into an agreement regarding the custody of their children. Mother and Father agree to the following. 1. Mother and Father shall have shared legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children every weekend from Friday after school until Sunday at 6:00 p.m. 4. Holidays: Mother and Father shall alternate holidays as follows: a. Father shall have the children on the Fourth of July in odd numbered years. Mother shall have the children on the Fourth of July in even numbered years. b. Father shall have the children on Memorial Day and Labor Day in even numbered years. Mother shall have the children on Memorial Day and Labor Day in odd numbered years. c. Father shall have the children on Halloween for trick or treating in odd numbered years. Mother shall have the children on Halloween for trick or treating in even numbered years. The Halloween Holiday shall be the day designated for trick or treating by the Borough of Mechanicsburg. If the designated date for trick or treating is different in each borough that each parent resides, then each parent shall have the children on Halloween for trick or treating. d. Father shall have the children on Thanksgiving Day in odd numbered years. Mother shall have the children on Thanksgiving Day in even numbered years. e. Father shall have the children on Easter Sunday in even numbered years. Mother shall have the children on Easter Sunday in odd numbered years. f. Father shall have the children on Father's Day every year. Mother shall have the children on Mother's Day every year. g. Father and Mother shall both have the children for half of the day on Christmas Eve Day, and Christmas Day. Father shall have the children from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas Day in odd numbered years. Mother shall have the children from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas Day in even numbered years. h. Summer Vacation: 5. Summer Vacation: a. Father shall have custody of the children from the last day of school until July 13th each year. b. Mother shall have custody of the children from July 13th until seven (7) days before the school year starts. 6. Each parent is responsible for transporting the children to the other parent's residence. Father shall transport the children to Mother's residence on Fridays after 4:00 p.m. and Mother shall transport the children to Father's residence when she returns the children on Sundays. 7. The custodial parent will notify the non-custodial parent of all medical care or medical emergencies that arise while in that parent's care. The custodial parent must notify the non-custodial parent of all medical care or medical emergencies within twenty-four (24) hours of such an event. 8. Mother and Father agree that the custodial parent shall provide the non- custodial parent with reasonable telephone contact with the children. 9. Neither parent will display any negative behavior to the other parent in the presence of the children or during the exchange of the children. 10. Neither parent will do anything which may estrange the children from the other party, or 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 and respect for the other parent. 11. The parties may modify this agreement by mutual agreement. 12. The parties intend to be bound by the terms of this agreement and intend for this agreement to be made an Order of Court. 2- S- G7 Date: Krista Ann Frfeo/ Certified Legan Intel Counsel for Plaintiff mz"z ROBE E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 Danielle Gerhold, efendant J i a olst, FEsquire id Penn Lervices Counsel for Defendant C PAUL ENSMINGER IN THE COURT OF COMMONAS Plaintiff/Respondent OF PENNSYLVANIA, x? _ r- - , ; CUMBERLAND COUNTY ? C) v. r-z --+: CIVIL ACTION D h CD o-. DANIELLE GERHOLD NO. 06 - 6505 D r Defendant/Petitioner IN CUSTODY ' Certificate of Service I hereby did cause to be filed on Wednesday, July 20, 2011, a Petition to Modify Custody [original and two copies] via US Mail, postage pre-paid to the Cumberland County Court of Common Pleas. I hereby did serve on Wednesday, July 20, 2011, a true copy of same upon counsel for plaintiff respondent via facsimile. Christopher J. Basner, Esquire Attorney for Ms. Gerhold 205985 Supreme Court Identification Number Christopher J. Basner P.C. Firm 341 Market Street Street Address _Newport, PA 17074 City, State, Zip Code (717) 567-6993 Telephone Number Date: July 21, 2011 cc: File Ms. Gerhold Counsel for Plaintiff/Respondent via facsimile PAUL EMSMINGER IN THE COURT OF COMMON PLEAS c .-Q ? PLAINTIFF CUMBERLAND COUNTY, PENNSYLV t tV ..y. --ICD s V. 2006-6505 CIVIL ACTION LAW DANIELLE GERHOLD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 02, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 01, 2011 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda E's . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 co M8il+?d ?? wfeor" Telephone (717) 249-3166 164 pq vied 1w, .0 17 C/ -fed 7'0 ?y PAUL ENSMINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-6505 CIVIL ACTION LAW DANIELLE GERHOLD Defendant IN CUSTODY 'nom Fn MM ACS ORDER :z r- ?= . 7i . <r ;. CD C AND NOW, this 12th day of January, 2012 , the conciliator, having iva no_ - r-n contact from counsel since October 19, 2011 regarding rescheduling of the custody conciliation conference originally set for September 1, 2011, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator