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HomeMy WebLinkAbout01-5529 KlRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CNIL ACTION - LAW : DNORCE AND CUSTODY ,NO 01-55.]1 CNIL TERM TRAVIS L. GILBERT, Defendant 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 prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may 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 right important to you, including custody or visitation of your children, When the ground for the 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, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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, KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, Ol-$Jq CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The Plaintiff, Kirsten Gilbert, by her attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNT I DIVORCE UNDER 23 Pa.C.S. &15 330Hc) AND 330Hd) OF THE DIVORCE CODE 1, Plaintiff is Kirsten Gilbert, who currently resides at 320 Farmington Drive, Shippensburg, Pennsylvania 17257, since September 1, 2001. 2, Defendant is Travis L. Gilbert, who currently resides at 1208 Mainsville Road, Shippensburg, Pennsylvania 17257, since August 1, 2001. 3. Plaintiff has been a bona fide resident ofthe Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, The plaintiff and defendant were married on January 5, 1996, in Washington County, Maryland, 5, Plaintiff and defendant have lived separate and apart since March 24, 2001, 6, There have been no prior actions of divorce or for annulment between the parties. 7, The marriage is irretrievably broken, 8, Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling, WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage, COUNT II 9, Plaintiff repeats and realleges paragraphs 1 through 8, as if fully set forth herein 10, Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Jacob Paul Gilbert 320 Fannington Drive Shippensburg, PA 17257 10/23/96 Olivia Rose Gilbert 320 Fannington Drive Shippensburg, PA 17257 5/1/00 The children were born within wedlock. The children are presently in the custody of Kirsten Gilbert, During the children's lives, they have resided with the following persons at the following addresses: Person Addresses Dates Kirsten Gilbert Amber N, Burnett (sister) Jacob Paul Gilbert Olivia Rose Gilbert 320 Fannington Drive Shippensburg, PA 17257 9/1/0 I - present Kirsten Gilbert Amber N, Burnett (sister) Leroy B, Salisbury (grandfather) Anthony R, Wenger (friend) Jacob Paul Gilbert Olivia Rose Gilbert 127 South Penn Street Shippensburg, PA 17257 3/24/0 I -8/31/0 I Kirsten Gilbert Travis L Gilbert Amber N, Burnett Jacob Paul Gilbert Olivia Rose Gilbert 10375 Rowe Run Road Orrstown, P A 17244 3/1/98-3/24/01 Kirsten Gilbert Travis L. Gilbert Amber N, Burnett Leroy Salisbury Jacob Paul Gilbert 127 South Penn Street Shippensburg, PA 17257 11/96-3/1/98 Kirsten Gilbert Travis L. Gilbert AmberN, Burnett Jacob Paul Gilbert 1224 Mainsville Road Shippensburg, PA 17257 (Plaintiff believes this address is correct) 10/23/95-11/96 11, The relationship of the plaintiff to the children is that of mother, She is married, She currently resides with the following persons: Name Relationship Jacob Paul Gilbert Son Olivia Rose Gilbert Daughter AmberN, Burnett Daughter 12 The relationship of defendant to the children is that of father, He is married, Defendant is currently resides with Kandy Gilbert and Robert Gilbert, 13, Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, The court, term and number, and its relationship to this action are as follows: On June 8, 2001, plaintiff filed a Petition for Protection from Abuse against Defendant. On June 18,2001, the Cumberland Court of Common Pleas entered a Final Order of Court in the Protection from Abuse matter, Docket No. 01-3550, The Final Order (attached hereto as Exhibit "A") was entered pursuant to the consent of the parties, and contained a custody provision, 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, 14, The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff is able to provide a home with adequate moral, emotional, and financial support for the children, as required to meet the children's needs, c) The parties have agreed to a Custody Agreement, as set forth on the Agreement and Order attached to this Complaint 15, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, WHEREFORE, Plaintiff requests the court to grant to her shared legal and primary physical custody of the children and enter an Order in the form attached hereto, Date:~. 2L\\ 2D:::J\ Debra Hart Munchel Certified Legal Intem 1-L ~1 ~SM,PLA I ROBERT E, RAINS TERI L. HENNING Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa, C. S, Section 4904 relating to unsworn falsification to authorities, Date q- ;p; -() / KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN PROTECTION FROM ABUSE TRAVIS L GILBERT, Defendant : NO 01-3550 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: Travis L Gilbert Defendant's Date of Birth: 4/6/73 Defendant's Social Security Number: 189-50-4966 Names of All Protected Persons, including Plaintiff: Kirsten Gilbert AND NOW, this \'i$tl- day of ~ r-..-, 2001, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiff's request for a final protection order is granted, 1, Defendant shall not abuse, stalk, harass, or threaten the Plaintiff in any place where she might be found, 2, Defendant is completely excluded from the residence at 127 South Penn Street, Shippensburg, Pennsylvania 17257 or any other permanent or temporary residence where Plaintiff may live, Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff. 2/.."" ~iT I t A" 3, Except for such contact with or regarding the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. 4, Except for such contact with or regarding the minor children as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 5, Defendant is permitted to contact Plaintiff for the limited purpose of custody and child related issues, Custody of the minor children, Jacob Gilbert and Olivia Gilbert, shall be as follows: Plaintiff and Defendant shall share legal custody of the children, Plaintiff shall have primary physical custody of the children, Defendant shall have partial physical custody of the children each Saturday from 9 a.m, until Sunday at 2:00 p,m, or as the parties otherwise agree, Plaintiff and Defendant shall alternate holidays with the children, as the parties agree, 6, The costs of this action are waived as to all parties, 7, A certified copy ofthis Order shall be provided to the Shippensburg Police Department and the Pennsylvania State Police, 8, This Order supersedes any prior PPA Order. 9, This Order applies immediately to Defendant and shall remain in effect for eighteen months, until December 18,2002. NOTICE TO THE DEFENDANT VIOLATION OF TillS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WillCH IS PUNISHABLE BY A FINE OF UP TO $1,000,00 AND/ORA JAIL SENTENCE OF UP TO SIX MONTHS, 23 PAC.S, ~ 6114, VIOLATION MAY ALSO SUBffiCT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TillS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US,c. ~2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TillS ORDER YOU MAY BE SUBffiCT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 USC, ~~ 2261 -2262, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police, 23 PaCS, ~ 6113 Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse, The Police Department shall maintain possession of the weapons until further order of this Court When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, BY THE COURT: ~('\O Ii\ 'JDoi Date is! J~ fP/bA / (jlh 1. If entered pursuant to the consent of the plaintiff and defendant: ..,/. h La z' ifs ffiAJ'C~ /; A- Ki sten Gilbert, Plaml1ff Y' ./ ~)/ ~7 j, / Travis 1. Gilbert: Defendant 'UOO.((,.~H",\: -{'i\ u---.c\'-"'QQ Debra Hart Munchel Certified Legal Intern c0-- L ,IJ~ Thomas Place Robert Rains Teri Henning Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff r RUE COPY F' ". In Tnst' '. 1'~OM R!.::Cr''''O u, 1mOO" W"-.......... '''~ vn 1"I'r:JiU"Ul 1ft'. .... aild the ,'i of ~<l'"' ; . I!] uril0 ~4rt roW hano r is ;...a:;'" U)(j at C<lril:>le. P1J, , ^t?.t.-c_ '?l~: Prothonotary ':!f- 0 C) c 1--, "'<0 ~./) 'lJ ['-' '"1'1 n'! I .~'.) ~'\ 2: ~) I ""~-. r "',) (n ~'-, :v -<~ b ~ ;z CO) 5> c) i'') C) C~ ~'3 ....-., =i::~ :;;J -<. - -< <b KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY . NO, 01-5)..2 q CIVIL TERM TRAVIS L. GILBERT, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Kirsten Gilbert, Plaintiff, to proceed in forma pauperis, I, Debra Hart Munchel, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal service to the party, Date~, '2....4. 'J..Cc:>\ , DoC1,,~,,*-~~~ Debra Hart Munchel Certified Legal Intern J ~/ I 0.. / - <:... ~, RO RT E. RAINS THOMAS M, PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (') c Z -0 (':r,'; nln' 2:~. :J zr- (j)"; ~t 2': =< c::::> (' J - f ~ ,.../') ""1 --:J C') .'Y:' 1':':' N ~ - ""j S~ -, KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 0\ -1552-0... CIVIL TERM CUSTODY AGREEMENT AND ORDER TIDS AGREEMENT, made this Z-~ day of ~ 2001, between Kirsten Gilbert, hereinafter Mother, and Travis L. Gilbert, hereinafter Father, concerns the custody of their children: Jacob Paul Gilbert, born October 23,1996 and Olivia Rose Gilbert, born May 1,2000. Father and Mother desire to enter into an agreement as to the custody of the children, Father and Mother agree to the following: 1, The Mother and Father shall share legal custody of the children, 2, The Mother shall have primary physical custody of the children, 3, The Father shall have partial physical custody of the children every other Saturday from 9:00 a,m, until Sunday at 2:00 p,m" and every Tuesday and Thursday from 4:00 p,m, until 7: 30 p,m" or as the parties otherwise agree 4, The Mother and Father shall altemate holidays as follows: a, Father shall have the children on the Fourth of July and Christmas Day in odd numbered years, The Mother shall have the children on the Fourth of July and Christmas Day in even numbered years, b, Father shall have the children on Thanksgiving Day and Easter Sunday in even numbered years, Mother shall have the children on Thanksgiving Day and Easter Sunday in odd numbered years, (') c ., -Uf~j nl1'-, 1 2".1 Z CD -" ~ 2;c :;: ~~ z =<! '- -I') i'l -::1 rv ~"D ~~ :~) ,::> S, Father and Mother shall both spend time with the children on their birthdays, as the parties agree, 6, Mother shall have the children on Mother's Day, 7, Father shall have the children on Father's Day, 8, The parties intend to be bound by the tenns of this agreement and intend for this agreement to be made an Order of Court, 9, Father understands that the Family Law Clinic represents only Mother's interests In this matter and cannot give him any legal advice, except that he should seek the advice of legal counsel. Father understands this and has chosen to proceed without counsel. 0/ ~~ I --I/Iv(!)~-/S:-Ol Travis L. Gilbert, Defendant Date '\)OQ.n~ L""~..l.K"C ~Q Debra Hart Munchel Certified Legal Intern ~ 1-.1- M, Place '-' Robert E, Rains Teri L. Henning SUPERVISING ATTORNEYS F AMlL Y LAW CLINIC 4S North Pitt Street Carlisle, P A 17013 (717) 243-2968 ORDER AND NOW, this an Order of the Court, day of , 2001 this custody agreement is entered as BY THE COURT: J. (') c: ? -rJ t':.i~ S?~}, -"'/ ~', ~: r:::C~' :>-.., ZC_" ---c- Pc ;;.: =< ~~ ~~ , ~~ Q ~/) ;-" -''0 N no -. f'J .. :....J CJ KIRSTEN GILBERT, Plaintiff SEP 2 ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 0\ -552.q CIVIL TERM CUSTODY AGREEMENT AND ORDER TillS AGREEMENT, made this l-~ day of ~ 2001, between Kirsten Gilbert, hereinafter Mother, and Travis L. Gilbert, hereinafter Father, concerns the custody of their children: Jacob Paul Gilbert, born October 23, 1996 and Olivia Rose Gilbert, born May 1,2000. Father and Mother desire to enter into an agreement as to the custody of the children, Father and Mother agree to the following: 1, The Mother and Father shall share legal custody of the children, 2, The Mother shall have primary physical custody of the children. 3, The Father shall have partial physical custody of the children every other Saturday from 9:00 a,m, until Sunday at 2:00 p.m" and every Tuesday and Thursday from 4:00 p,m, until 7:30 p,m" or as the parties otherwise agree 4, The Mother and Father shall alternate holidays as follows: a. Father shall have the children on the Fourth of July and Christmas Day in odd numbered years, The Mother shall have the children on the Fourth of July and Christmas Day in even numbered years, b, Father shall have the children on Thanksgiving Day and Easter Sunday in even numbered years, Mother shall have the children on Thanksgiving Day and Easter Sunday in odd numbered years, VIN\f^lASNN3d I "lnC'~ 'O~~",f'1}-':J'lt:,^'n" ^-J,..l\ . . J '._,., _..J -,' ~ h.J ," .[' U~ 'f.J .{" V'lV I - 1JO \ 0 , -'.- .,,~~-~. (") c \)ffi ~~:D zr;:,: (f).-;:~:. ;:$"" ;<C ~o )>0 c ~ . o o "it , I ~:!J r- .,n ~:~~ i,lj-H f5ff ~ :0 -< r,n f"1 -0 N ~~- ~"l? -~ r;;> W o . 5, Father and Mother shall both spend time with the children on their birthdays, as the parties agree, 6, Mother shall have the children on Mother's Day, 7, Father shall have the children on Father's Day, 8, The parties intend to be bound by the tenns of this agreement and intend for this agreement to be made an Order of Court, 9. Father understands that the Family Law Clinic represents only Mother's interests in this matter and cannot give him any legal advice, except that he should seek the advice of legal counsel. Father understands this and has chosen to proceed without counsel. ~.4b;U. ~:&;-/ 99~o/ -7 ~.-/ ~(!)e-/s-ol . ten Gilbert, Plaintiff Date Travis L. Gilbert, Defendant Date 1)oQ,.~ ~~~ "'-00 Debra Hart Munchel Certified Legal Intem ~~ AI M. Place "-/ Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER AND NOW, this 2. ~ ft. day of l" e r+ .,2001 this custody agreement is entered as an Order of the Court. d.~:Z;~%t J jl~ (J'I~oJ @-Ol-O/ :9 o 0 c z ~R:~ Z1J 2t:, (J'u" "<5 ~~ ig ~ ~.( ~~ , ~d' ", _,'!iI'~", "" ,." ... N ..:;'- , '. . . o '1"1 -0 ::'i':: N .' '-" o 1.__ "1' "'\C:' , . ~ ('-) ::~::~.: (~~2, ff. ~_.; -, :r.> :Q r 'I KIRSTEN GILBERT, Plaintiff v, TRAVIS 1. GILBERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY : NO, 01- 5529 CIVIL TERM PROOF OF SERVICE I, hereby certify that I served a true and correct copy of the Complaint for Divorce with Custody County on the defendant, Travis 1. Gilbert, residing at 1208 Mainsville Road, Shippensburg, Pennsylvania, 17257, by U.S, mail, certified, restricted delivery, return receipt requested, postage prepaid, Service was complete upon receipt by Travis 1. Gilbert on the 25th day of September, as evidenced by his signature on the attached green card, Date: October I, 200 I I - h,,~ DODD ~ .. i " ! E~!g~ 8.-.c >-Q) 1- OJ: i-c 1:__ . ~ o-g-ll "':,!! 11l~'- ih!~ ! '~"EEi ~~i!g" ~ hh~i 1 i~ il!~! ~ c.... l'."",- f5E~=!~ ~ ollc.$l<oli . . . ...: ~ rn j Jj ~ ~ ~t cI) p~J ~ it ~ ~ ]~ 'C ~ U ~, l; ~~ !/l.. j i I " ~ 1; "1 ~ a: ~ !l~ i - ~ "iI 'ii ~ !iH i ~ 1 ~ i DO a: ~l .. a: I coi ..; ~ - ~ " .., . ~ ~ !Xl '" E 0 u- N '" a. ~ :ii ~ !l \)~J. ~,'-*~.. ('('\-.aQ Debra Hart Munchel Certified Legal Intern ~L 1\ 1 "'"> / TH S M, PLACE; ROBERT E. RAINS TERI 1. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 .., rtI ;;T II"" U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic M:'lIl Only, No fnsLJrance Coverage ProVided) .J:I \ Postage $ IT" Certified Fee : A""m A,co'pt Foe CCJ (Endorsement Required) ..... C Restricted Delivery Fee C (Endorsement Required) Total Postage & Fees $ CI CI ~ _~~i~~~_C~:_~:~f.~~ecom mnnm_._..____".____mmm__ IT" Street, Apt. No.; or PO Box No. ~ -tit}'~S~~}+.r~~\\'e--.-~-----nn..................nn f'- KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 01- 5529 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~~ 3301(c) of the Divorce Code was filed on September 24, 2001. 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, 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 unsworn falsification to authorities, Date n/-() 9-0;). ~(") 0 C} c: ,'V --;-., S ,- -OLD ""' \i'1~ ~rn :~ ::r I h. z( i:;X6 UJ.c_:o \.0 ;:<,~_:- ~Cj ~ ,. .1 ;::.~ ~O -'~ ~) C' -==0 - (S~ :J:>c - ., ~.-I ~ (Jl ~ I'" -< KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DNORCE AND CUSTODY TRAVIS 1. GILBERT, Defendant : NO, 01- 5529 CNIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 113301(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 unsworn falsification to authorities, Date 0/- Oq-o:;l" () s;; ,"Nfl; >f1-' ~::r.':' v-]~ ;:$~ !fC; s,-:B !P f; <- :;;f R3 C' ~I'; , ~:- ~ ..::: )] ,-:.:'_~~/E9 .,,6 '_,' -r '.:;)::I:J ;<,c) ""j' q :;:,'1 55 -< , '.0 - - :.r, f\J ~~~-1i\lIf;'~'j~&fd,jJ""-'~;&&,'iHii . .., .;;t1",!l!!;O:.N~iiiL, KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 01- 5529 CIVIL TERM Certificate of Service I, Debra Hart Munchel, certified legal intern at the Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiff's Waiver of Notice of Intention to Request Entry of a Divorce Decree and Plaintiffs Affidavit of Consent on the defendant, in the above referenced case, at 1208 Mainsville Road, Shippensburg, PA 17257, by U.S. mail, postage prepaid, on this 9th day of January, 2002, ~OAh~i"* ~ilN'~ Debra Hart Munchel (") 0 C) C N -n "'"' c ___I -~ ""00::; ~ -r~ .. OJrn "-"" Z:x, '~'- , :z~: I r-j en"., \.D " -<:.c_ ._,C; ~C "'" -T. --I'l ??=O ~.,-:~. C':"') -'0 C5/"11 >c :z ,:n ::;j :< 5:J r" =< _.-" "Ci.,",...d:.".",-,-," KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 01- 5529 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~~ 3301(c) of the Divorce Code was filed on September 24, 2001. 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, 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 unsworn falsification to authorities. Date (t')/ - Jd.. ~ P:L -' .~//~ Travis L. Giltiert, Defendant (') C') 0 c: f0 "1": ~. ~.;:....... -00:' :f~ 'J::' rnn-' -,. Z::r; w zc ()'),r:~ S.~) .II< L: l<C :P>> (<-2 ~~~ ~o :;lI: j;O ::)!'n c: "1 :7 -r.:-... ~ :n \.0 -< KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 01- 5529 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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! 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 unsworn falsification to authorities. Date O!J / - /07 -:0.;2. ~~i/I C7 Travis L. Gilbert, Defendant RECEIVED JAN 1 6 2002 (") <::) 0 c.: N -n s:: t.- '""UU.! :t:>> 'J:i Q]rn ~,,,. .- Z""'; -,n"j ."- W Z1];: :' c;) u)~-,: -<..c. :,.L.~ ~~~ r:c' :Do ~ zO :.:;: ~-o-i (') --0 Om :Pc.: .-1 ~ -~ :1') \0 -< KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : DIVORCE AND CUSTODY TRAVIS L. GILBERT, Defendant : NO, 01- 5529 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the cowt for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code, 2. Date and manner of service of the complaint: September 25,2001, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. 3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the plaintiff, January 9, 2002; by the defendant, January 12, 2002. 4, Related claims pending: None. 5, Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the pronthonotary: January 9, 2002, Date defendant's Waiver of Notice in S3301(c) Divorce was filed with the pronthonotary: January 31, 2002, ~ /frc((h&~ Mans a ,McClellan C~;"J C:tR6MAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys Date: / /(1)Oa.. 1(' F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ... , .,. .t ~ ~ ::h- ~ t ~ - - , . lZ.I 0, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~ ~ ~ ~ ~ ~ ~ KTR!':TF.N GTT.RRRT, Plaintiff NO. 5529 2001 VERSUS TRAVIS L. GILBERT, Defendant DECREE IN DIVORCE AND NOW, F"~~ ('\)lJ 1 S' , ZooL, IT IS ORDERED AND DECREED THAT Kirsten Gilbert , PLAINTIFF, AND Travis L. Gilbert , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; None. PROTHONOTARY J. (/r~~ ~~7 >h ~~ ~ Z"?2/}.-e ~.~~'~e7-rv cc;-?e .. *\_ ..~_, \ - , '-'",.st.' ,- ..' 1", ." ,'....- " Kirsten Gilbert, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01- 5529 CIVIL TERM Travis Gilbert, Defendant : CUSTODY PETITION TO MODIFY PARTIAL CUSTODY ORDER Defendant, hereinafter "Father," Travis Gilbert, through his attorneys, Neuharth Law Offices, respectfully represents the following: 1. Mother, hereinafter "Mother," is Kirsten Gilbert, who currently resides at 132 Marco Circle, Shippensburg, Franklin County, Pennsylvania 17257 2. Defendant is Travis Gilbert, who currently resides at 6595 Upper Strasburg Rd, Pleasant Hall, Franklin County, Pennsylvania 17246. 3. Mother and Father are the natural parents of two children, Jacob Paul Gilbert, born October 23, 1996 and Olivia Rose Gilbert, born May 1, 2000. The children reside primarily with Father at 6595 Upper Strasburg Rd, Pleasant Hall, Franklin County, Pennsylvania 17246. 4. A Custody Agreement and Order was entered by the Court on September 24, 2001. A copy of said Order has been attached and incorporated hereto as Defendant's Exhibit 1. 5. Since the entry of the September 24,2001, there has been a substantial change in circumstances. Modification is warranted based upon the following reasons: A. Father has exercised primary custody ofthe children since June 2,2006 by agreement of the parties. B. Mother currently has no permanent residence. She is residing with her brother, Leroy Todd Salisbury, his girlfriend and Mother's fifteen-year old daughter. C. It is believed and therefore averred that Mother has moved or been evicted from her home on seven occasions in the past five years. D. The parties' daughter is a special needs child. It is believed that Mother has left the six-year old child without supervision. E. Father has received reports that the children were walking along the main road in Walnut Bottom to neighbor's houses without supervision. F. Father believes that Children and Youth Services has been involved with Mother on several occasions in the past year alone. G. Father believes that his daughter's medical needs are not being met. To wit; when Mother dropped the children off in June 2006, Father was not notified that the child was on prescription drugs nor was the child being cared for her kidney reflux medical issue. H. Father believes that his children's physical needs are not being met. In the past six months Father had to provide clothing to his daughter's day care in response to a call from the day care. The child, who was living with Mother at the time, showed up at the day care in a dirty and disheveled manner. Upon information and belief, Father believes that his daughter has shown up in a similar state on more than one occasion. WHEREFORE, Defendant requests that this Honorable Court grant Father primary custody of the children and partial custody of the children to Mother as the court deems appropriate. Respectfully submitted, ~~ ~.,~- Kevin Taccino Attorney for Defendant Neuharth Law Offices P.O. Box 359 232 Lincoln Way East, Suite A Chambersburg, P A 17201 (717) 264-2939 Date: ~ -:l / -0"' VERIFICA nON I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifica. n to authorities. Date: ~8 -.;)../ -(j;6 " Exhibit 1 KIRSTEN Gll..BERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND coUNTY, PENNSYLVANIA v. : CIVn.. ACTION ~ LAW : DIVORCE AND CUSTODY TRAVIS L. Gll..BERT, Defendant : NO. 0\ -SS'2.o.. CML TERM CUSTODY AGREEMENT AND ORDER nus AGREEMENT, made this Z-~ day of ~ 2001, between Kirsten Gilbert, hereinafter Mother. and TIavis L. Gilbert, hereinafter Father. concerns the custody of their children: Jacob Paul Gilbert, born October 23, 1996 and Olivia Rose Gilbert, bom May 1,2000. Father and Mother desire to enter into an agreement as to the custody of the children. Father and Mother agree to the following: 1. The Mother and Father shall share legal custody of the children. 2. The Mother shall have primary physical custody of the children. 3. The Father shall have partial physical custody of the children every other Saturday from 9:00 am. until Sunday at 2:00 p.m., and every Tuesday and Thursday from 4:00 p.m. until 7:30 p.m., or as the parties otherwise agree 4. The Mother and Father shall alternate holidays as follows: a. Father shall have the children on the Fourth of July and Christmas Day in odd numbered years. The Mother shall have the children on the Fourth of July and ChristmaS Day in even numbered years. b. Father shall have the children on Thanksgiving Day and Easter Sunday in even numbered years. Mother shall have the children on Thanksgiving Day and Easter Sunday in odd numbered years. . S. Father and Mother shall both spend time with the children on their birthdays, as the parties agree. 6. Mother shall have the children on Mother's Day. 7. Father shall have the children on Father's Day. 8. The parties intend to be bound by the tenns of this agreement and intend for this agreement to be made an Order of Court. 9. Father understands that the Family Law Clinic represents only Mother's interests in this matter and cannot give him any legal advice, except that he should seek the advice of legal counsel. Father understands this and has chosen to proceed without counsel. pp, d:&:/ 9~f(CJ/ -;7 ~ -/ ~(!)e-/S--ol . Gilbert, Plaintiff Date Travis L. Gilbert, Defendant Date ~<ln.~.1.:k~ \,..00 - Debra Hart Munchel Certified Legal Intern ~J ",,1- ~ /~ ,- ~M. Place v Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS FAMILY LAW CLINIC 4S North Pitt Street Carlisle, P A 17013 (717) 243-2968 ORDER AND NOW, this an Order of the Court. day of , 2001 this custody agreement is entered as BY THE COURT: J. (") '4. s; .-' .':;;""... ~. ~.. ~.- ;c'.'.:.';...".-' ", ' ~ ~'1 ~ ,V') ~ (t) ;:~ _ c.~ c.( ~ ~ ~ ~~ oN ~ ::;! ~ (:J'\ 0- IN ""' :c... ~ ~ f ~ ~ ('0 1\ \r f'-.:I c.:::> = 0" ~ :r!-n rl1F -om :Oy 0(1. =rJ -l. ;:):D <70 (Sm -I ?O -< ~ c.= GJ N CJ1 )::II' :x \.D ~ KIRSTEN GILBERT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-5529 CIVIL ACTION LAW TRA VIS GILBERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 30,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 05, 2006 , the conciliator, 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 hearin!!. FOR THE COURT. By: Isl Hubert X. Gilro 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 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 ~ .yt ~jf-:~# )Jr/ '? ~ ~It, ~ ,fiv '2.. ~ 4" F9 \J';I\NS\\S~'\N?:d I \ ,,("/Y", :'" ,\,-":c,\"N('O ~\"',\~.. ... b'Z :Cl\ WI \ - d3S ~~~~ , ,,' ,'" ,...,'" '0 ~tNl.ONU\...\:.UCq ~tu- ;l 3CJH~c:-a31\~ '. tJ(l. /-; 'j(l./-# ,?CJ./f; ocr 1 0 Z006~ .. KIRSTEN GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA vs. : NO. 01-5529 CIVIL ACTION -LAW TRAVIS GILBERT, Defendant IN CUSTODY COURT ORDER AND NOW, this ~ day of October, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom N:o. 1 of the Cumberland County Courthouse on the :2/ At day of ~ ,2006 at r ~.d:l . ~m. at which time testimony will be taken in the above case. The Father, Travis Gilbert, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of September 28, 2001 shall remain in effect. BY THE COURT, Cc: ~ista Freego, Esquire vKevin Taccino, Esquire ~ )J1 \1 C~'; ;'~ '\ ,~:2d ,H~ '-r"'-:~r'-JnJ SS :2 kid 11 1:30 Suul .- KIRSTEN GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-5529 CIVIL ACTION - LAW TRAVIS GILBERT, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jacob Paul Gilbert, born October 23,1996 Olivia Rose Gilbert, born May 1, 2000 2. A Conciliation Conference was held on October 5, 2006 with the following individuals in attendance: The Mother, Kirsten Gilbert, with her counsel, Krista Freego, Esquire, of the Dickinson School of Law Family Law Clinic The Father, Travis Gilbert, with his counsel, Kevin Taccino, Esquire 3. The parties have been working under an agreed-upon Court Order since 2001 which gave Mother primary physical custody and Father liberal periods of temporary physical custody. This past summer, the Mother was having difficulty with her housing and delivered custody of the two minor children to the Father. Mother delivered custody of the children to the Father and he had custody for approximately two or three months. Mother settled her housing issues and now currently has custody consistent with the existing Order. .... . 4. Father has developed concerns with respect to Mother's ability to maintain an appropriate home for the children and also to provide appropriate care for the children. Father believes it is in the best interest of the children if he would have primary physical custody. Mother is completely adverse to such a position and desires to maintain primary physical custody. An agreement cannot be reached and the Conciliator recommends an Order in the form as attached. Date: October ~ ,2006 Kirsten Gilbert, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01- 5529 CIVIL TERM Travis Gilbert Defendant/Respondent CUSTODY PETITION TO WITHDRAW AS COUNSEL FOR PLAINTIFF Petitioner, Kevin Taccino, Esquire of Neuharth Law Offices, respectfully represents the following: 1. Petitioner is Kevin Taccino, Esquire of Neuharth Law Offices with a business address of232 Lincoln Way East, PO Box 359, Chambersburg, PA 17201 2. Respondent is Travis Gilbert, also the Defendant in the above-referenced action, who currently resides at 6595 Upper Strasburg Rd, Pleasant Hall, Franklin County, Pennsylvania 17246. 3. Petitioner and Respondent entered into a Retainer Agreement for representation in a custody matter on August 14, 2006. 4. Respondent agreed to pay a retainer fee in exchange for representation in a custody matter. 5. Respondent has not complied with the retainer agreement for payment despite numerous requests by Petitioner via telephone and letter. 6. Respondent has not received contact from Petitioner in response to the letters or telephone calls except on one occasion. Since that response Petitioner has not complied with the retainer agreement. 7. A custody hearing is scheduled for February 21,2007 at 9:30 AM. 8. This request for withdrawal by Petitioner is not being sought to delay this action. 9. Plaintiffs representative, Krista Ann Freego, of the Dickinson Family Law Clinic has been notified of this request via telefax and U.S. Mail. Petitioner has been unable to reach Defendant/Respondent, but assumes that Defendant/Respondent opposes this request. WHEREFORE, Petitioner requests that this Honorable Court grant Petitioner leave to withdraw as counsel for the Defendant. Respectfully submitted, 1~~ L~~_z- Kevin Taccino Attorney for Defendant Neuharth Law Offices P.O. Box 359 232 Lincoln Way East, Suite A Chambersburg, PAl 7201 (717) 264-2939 Date: thy Ie 7 VERIFICA TION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C .S. Section 4904, relating to UnSWOlTI falsification to authorities. Date: lotio) _1"n-r; ~~ Kevin Taccino Kirsten Gilbert, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01- 5529 CIVIL TERM Travis Gilbert, Defendant CUSTODY CERTIFICATE OF SERVICE L Kevin Taccino, Esquire hereby certify that I am on this day serving a true and correct copy of Petition to Withdraw on the following individual(s) via First Class U.S. mail, postage prepaid addressed as follows: Travis Gilbert 6595 Upper Strasburg Rd. PO Box 31 Pleasant Hall, PAl 7246 Krista Ann Freego Dickinson Family Law Clinic 45 N. Pitt Street Carlisle, P A 17013 Dated: J /0&-10 7 /I~ L~~- Kevin Taccino, Esquire Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PAl 720 1 (717) 264-2939 f") ( t-) I"':~<.::> c.-~:J --...I i;' <-- ~J t1 .-( ~"n i,lp ~~q '---,...... () .~ ~;U t , ::(n 1> '.:J :-< -,;':"JI' .' . ~- I CD r:Y j,'- \..:J KIRSTEN GILBERT, Plaintiff v. TRA VIS GILBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5529 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of January, 2007, upon consideration of the Petition To Withdraw as Counsel for Plaintiff, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of the date of this order. ~sta Ann Freego Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Attorneys for Plaintiff ~vin Taccino, Esq. P.O. Box 359 4 232 Lincoln Way East Suite A Chambersburg, P A 17201 Attorney for Defendant ~avis Gilbert 6595 Upper Strasburg Road P.O. Box 31 Pleasant Hall, PAl 7246 Defendant :rc BY THE COURT, J. CO :2 Hd 11 NVr LOOl AtfvlCi,;G 11.o8d 3Hl jO 3~J!J:tO-{13l1::l Kirsten Gilbert, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01- 5529 CNIL TERM Travis Gilbert, DefendantlRespondent : CUSTODY MOTION TO MAKE RULE ABSOLUTE Movant, Kevin Taccino, Esquire of Neuharth Law Offices, respectfully represents the following: 1. Movant is Kevin Taccino, Esquire of Neuharth Law Offices with a business address of232 Lincoln Way East, PO Box 359, Chambersburg, PA 17201 2. Respondent is Travis Gilbert, also the Defendant in the above-referenced actio~ who currently resides at 6595 Upper Strasburg Rd, Pleasant Hall, Franklin County, Pennsylvania 17246. 3. Movant filed a Petition to Withdraw as counsel for Respondent and a Rule to Show Cause was issued on January 11, 2007 with a deadline for response within ten (10) days. See Movant's Exhibit A. 4. As of January 30,2007, no response has been filed with the Court. WHEREFORE, Movanf s requests that this Honorable Court make the Rule to Show Cause dated January 11, 2007 absolute and permit Movant to withdraw as counsel. Respectfully submitted, ,;/~ ~e-rr-- Kevin Taccino Attorney for Defendant Neuharth Law Offices P.O. Box 359 232 Lincoln Way East, Suite A Chambersburg, P A 17201 (717) 264..2939 Date: I/~J /07 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: J /3/ /tJ7 ~?71 ;~;~~ Kevin Taccino Kirsten Gilbert, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01- 5529 CIVIL TERM Travis Gilbert, Defendant : CUSTODY CERTIFICATE OF SERVICE I, Kevin Taccino, Esquire hereby certify that I am on this day serving a true and correct copy of Motion to Make Rule Absolute on the following individual(s) via First Class U.S. mail, postage prepaid addressed as follows: Travis Gilbert 6595 Upper Strasburg Rd. PO Box 31 Pleasant Hall, P A 17246 Krista Ann Freego Dickinson Family Law Clinic 45 N. Pitt Street Carlisle, P A 17013 Dated: '/3/ jC7 ~h1 ~.~ Kevin Taccino, Esquire Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, P A 17201 (717) 264-2939 Movant's Exhibit ~'A" KIRSTEN GILBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W TRA VIS GILBERT, Defendant NO. 01-5529 CIVIL TERM ORDER OF COURT AND NOW, this 11 th day of January, 2007, upon consideration of the Petition To Withdraw as Counsel for Plaintiff, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted, RULE RETURNABLE within 10 days of the date of this order. BY THE COURT, J. Krista Ann Freego Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Attorneys for Plaintiff Kevin Taccino, Esq. l' . Box 359 2 Lincoln Way East Suite A Chambersburg, PAl 7201 Attorney for Defendant :rc Travis Gilbert 6595 Upper Strasburg Road P.O. Box 31 Pleasant Hall, P A 17246 Defendant ~ c;.;:.> .;..,.J ....., rn c.o \ - ~ ~ o -n ::C-n rn-r: :~@ ;3i~), - :t~7, s, .~ ::<: o -" N uJ . . FEB~J~~ ~ Kirsten Gilbert, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01- 5529 CIVIL TERM Travis Gilbert, Defendant : CUSTODY ORDER AND NOW, this ~ l~ day of r~ b , 2007, upon consideration of the attached Motion to Make Rule Absolute, it is hereby ordered that: (1) the rule issued upon the respondent to show cause why Kevin Taccino, Esquire should not permitted leave to withdraw as counsel is made absolute due to tL. (. Rf)SJJgQ~ellt'i failure~to file ap answer wit,hin th~ten (10) day deadline; ." rl,,'.,t.t( VIe! be.. tcl'Jdzn\... (2) Kevin Taccino, Esquire, of Neuharth Law Offices is permitted to withdraw as counsel of record for DefendantJRespondent, Travis Gilbert. BY THE COURT \ ~\ ~,t ...(\ t\. 'tt , 6 Co., 1[''''1 2 tl :2 {'ld - d.:1-: uu... KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN CUSTODY TRAVIS GILBERT, Defendant : NO. 01-5529 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this J!L day of kbutlr<( ,2007, between Kirsten Gilbert, hereinafter Mother, and Travis Gilbert, hereinafter Father, concerns the custody of their two children: Jacob Paul Gilbert, born October 23, 1996 and Olivia Rose Gilbert, born May 1,2000. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every Tuesday from 4:00 p.m. until 4:00 p.m. on Wednesday. 4. Father shall also have periods of partial physical custody of the children every other Thursday from 4:00 p.m. until 2:00 p.m. on the following Sunday. 5. Mother and Father shall alternate holidays as follows: a. Father shall have the children on the Fourth of July and Christmas Day in odd numbered years. Mother shall have the children on the Fourth of July and Christmas Day in even numbered years. b. 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 Shippensburg. c. Father shall have the children on Thanksgiving Day and Easter Sunday in even numbered years. Mother shall have the children on Thanksgiving Day and Easter Sunday in odd numbered years. d. Father shall have the children on every Father's Day. Mother shall have the children on every Mother's Day. 6. Mother and Father will notify each other of all medical care the children receives while in the parent's care. Mother and Father will notify the other parent immediately of any medical emergencies which arise while the children are in their care. 7. Parties agree the custody exchanges shall occur at the Day Care facility of the Tree House Kids Club, unless otherwise mutually agreed upon by the parties. 8. Neither parent will display any negative behavior to the other parent in the presence of the children or during the exchange of the children. 9. 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. 10. The parties may modify this agreement by mutual agreement. 11. The parties intend to be bound by the terms of this agreement and intend for this agreement to be made an Order of Court. ~._,q -07 Date: r~// v~v Mf Travis Gilbert, Defendant Krista Free Certified Legal Intern Counsel for Plaintiff S THOMAS . PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 Fax (717)243-3639 o c -y ~ -0 en n"J f' Z7~ zr (/~ ~L ~ f=~) ~c' ~-() )>C: :z: -..( -< ,...;) C'::) c::?< -.J ..., ,." CO N ~ ...... :J:" i~ 01. ::::t Sd -:-L~ -+~1 (~ (") (') rn ~ -< > :x. \.0 w .s.- Kirsten Gilbert, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY - PENNSYLVANIA v. : No. 01-5529 Travis Gilbert, Defendant : The Honorable Judge Oler : In Custody PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Kevin Taccino, Esquire of the Neuharth Law Offices on behalf of Defendant Travis Gilbert. This withdrawal of appearance is made pursuant to the Order of Court dated FebruaryO~ ,2007. Please serve all future documents in the above-captioned matter directly on Defendant at the following address: Travis Gilbert 6595 Upper Strasburg Rd PO Box 31 Pleasant Hall, P A 17246 Date: ~b!o 7 ~~ ;;:~ Kevin Taccino, Esquire ~ C1 ~ ~ .on --u l1J ~ t~: 1:2 '-p }-:; f~,_;. ?::::i........:.. YC" -;::., 2. ~ ~~ ~q) '~Q 6~ Zrn g ~ c..:> Cf' - c:f' ~ - - .. y FEB ! 1 2007 f~ KIRSTEN GILBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY TRAVIS GILBERT, Defendant : NO. 01-5529 CIVIL TERM And now, this ORDER OF COURT 1 \ ~L day of f ~J) , 2007 the Custody Hearing scheduled for Wednesday, February 21, 2007 at 9:30 a.m. is now cancelled. As per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every Tuesday from 4:00 p.m. until 4:00 p.m. on Wednesday. 4. Father shall also have periods of partial physical custody of the children every other Thursday from 4:00 p.m. until 2:00 p.m. on the following Sunday. 5. Mother and Father shall alternate holidays as follows: V!NVf\!),SNN3d I if-"lf"""'i'"."'.'-.. ...""l..1t.!..\..-1.....'.(-....1.1nl"\ r\.1J\H \\.01',.: ,.,'::\4 >..:.~,:-:rl! 1V 9 S ,t Hd I Z 83.:HGOl I U'1~lU"'" Ir',,~ 'lU"Y 'd :3Hl jO AQ.l I\lUt1d,i...... :I 38!::UO-o3lld a. Father shall have the children on the Fourth of July and Christmas Day in odd numbered years. Mother shall have the children on the Fourth of July and Christmas Day in even numbered years. b. 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 Shippensburg. c. Father shall have the children on Thanksgiving Day and Easter Sunday in even numbered years. Mother shall have the children on Thanksgiving Day and Easter Sunday in odd numbered years. d. Father shall have the children on every Father's Day. Mother shall have the children on every Mother's Day. 6. Mother and Father will notify each other of all medical care the children receives while in the parent's care. Mother and Father will notify the other parent immediately of any medical emergencies which arise while the children are in their care. 7. Parties agree the custody exchanges shall occur at the Day Care facility of the Tree House Kids Club, unless otherwise mutually agreed upon by the parties. 8. Neither parent will display any negative behavior to the other parent in the presence of the children or during the exchange of the children. 9. 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. 10. The parties may modify this agreement by mutual agreement. 11. The parties intend to be bound by the terms of this agreement and intend for this agreement to be made an Order of Court. J.