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Home My WebLink About95-04770 ,., . i\ ~ .-..~ , ~ " " ' . ~ o ~ ~ J o , r ~ ~ cr * (O(f!'Il.(",...JtI"~ Srplaintiff V : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW ~NO. qr;;-'/770 CIVIL :CUSTODY/VISI-TATION 19 * 0'\( ;:'\-1 A. &.~"f6efendant ORDER OF COURr Sr-pf-. r;;l, 1'1"7J . AND NOW, this (date) , upon considerat~on of the attached complaint, it is hereby directed that the pa~ties.and their resp,:ctive couns~l appear before D"....,II :5. 05",,01"'/ t~ , the concil~ator, at ,~"r w. I"J.~;" Sf, M('dp.n;'"~''''''' on the ~day of (JcCQ:b"Z , 19<'U-, at <j:V 0 A.M. H., for a prehearing 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~y the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ~/ 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, OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717 )240-6200 ; il ,I r ~ 1 \ COREY L, GAUKER, SR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. NO, CHRISTY A, GAUKER, I I ~ ~ ~ Ii , I f ~ h ~ Defendant, CIVIL ACTION--CUSTODY 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 schedu ed conference or hearing, ~ ~ II I, ~ I I I I I ! ~ ii il 'I ~ For the Court: J, Dated: " 1 II ;1 , , I, :, 1 L ii , ' ~ ~ I' ~ ~ i COREY L, GAUKER, SR" I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I Plaintiff, vs, NO, CHRISTY A, GAUKER, I I I I I I I I I I! ij h ~ j I, II ~ ~ ~ " ~ ~ II ~ ~ Ii ~ !: ii 'I ~ ~ Defendant, CIVIL ACTION--CUSTODY PETITION TO CONFIRM CUSTODY AND NOW, this ~ day of August 1995, comes the Plaintiff, COREY L. GAUKER, SR" by his attorneys, Gerald S, Robinson, and Robert L. Buzzendore, and the law firm of ROBINSON , GERALDO and respectfully requests the following: 1, Plaintiff is COREY L, GAUKER, Sr., an adult individual residing at 7073 Carlisle Pike, Lot No, 79, Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendant is CHRISTY A, GAUKER, an adult individual who has a mailing address of 523 First Street, Carlisle, Cumberland County, Pennsylvania, but is believed to be residing at 7073 Carlisle Pike, Lot No. 319, Carlisle, Cumberland County, Pennsylvania 17013, 3, Plaintiff seeks custody of the following children: Corey L, Gauker, Jr" born January 26, 1991, and Cara J, Gauker, born July 11, 1993, 4. Plaintiff and Defendant are the natural parents of the minor children who were not born out of wedlock, Plaintiff and Defendant are currently married to one another, 5, The children are presently in the custody of the natural father, Plaintiff, residing at 7073 Carlisle Pike, Lot No, 79, Carlisle, Cumberland County, Pennsylvania, i: " ,I II Ii II I; ~ Ii I : , i' , 11 ~ ~ I, Ii ii Ii :! ii 6. Plaintiff 7, Defendant step-sister, 8, During the past five years, the children have resided with the following persons at the following addresses: a. Corey L. Gauker, Jr, at RD 4 Box 4343, Duncannon, Pennsylvania with Plaintiff and Defendant and his fraternal grandfather from birth until October 10, 1992, b. Corey L. Gauker, Jr, at 7073 Carlisle Pike, Lot No, 79, Carlisle, Pennsylvania with Plaintiff and Defendant from October 11, 1992 until May 5, 1995, c, Cara J, Gauker at 7073 Carlisle Pike, Lot No, 79, Carlisle, Pennsylvania with Plaintiff and Defendant from birth until May 5, 1995, d, Corey L. Gauker, Jr, and Cara J, Gauker at 7073 Carlisle Pike, Lot No, 79, Carlisle, Pennsylvania with Plaintiff on the weekends and daily during the week from 9:00 o'clock a,m, until 12:00 o'clock a,m, from May 6, 1995, until August 1, 1995, The children resided with Defendant at 523 First Street, Carlisle, Pennsylvania during the week from 12:00 o'clock a,m, until 9:00 o'clock a,m. from May 6, 1995, until July 31, 1995, e, Corey L, Gauker, Jr, and Cara J, Gauker at 7073 Carlisle Pike, Lot No, 79, Carlisle, Pennsylvania with Plaintiff from August 1, 1995, until the present, 9, The purpose of this Custody proceeding is that the father desires to confirm custody in himself of the minor children, so as to currently resides with the is believed to reside with Parties' minor children. her parents, sister and d :, I' Ii 'I :1 Ii " , II Ii !; I, ~ !I !: ii :1 I: :' II i! !' f 'I I' i: !! ~ ~ ~1!i;,~~~1i./i::::/::-- ~: :{ti,;~COmpIttt ~~ ;'-~Of2fCn ~ ~~~'. - -: G. r~}COmpIttt,hIml3. and.... b~ - -.. - _ - , . - ~,;,-~I~,\".~, ..:"~"-:::: _II on.ho ......... .1110 ,.onn 10 ..... w. COlI ;)"._:o'AIIICh thlI fonn to the front 01 the mallpMc:.. Of on the Hck IIlplc. ..._not_.. ' ' l..;):'WI\to._R_R_.IOd'.on......-_....OfIlclo_ :.'D- - (Fn. Return Rtcefpt wit &how 10 whom the.rtkII WII dlltvtnd tnd the dll. "S:'--. :1 ~~t'li~I' Add....ed to: . ' c', 'Ii}ChristY Gauker' . : 8 523'First Street ; Carlisle, PA 17013 . SEP. 1 e 1885 " ,_. _ _ _ ,_ _ ',;;_'i~~t~~;~~;~_,}:\ , ,.110 wi'" torec.Iv.th4i S,.'.'.')j lollciwlng UMC" .lIor en .lItI." '.' Inl: j< 1, DO Add,...n'l Add...."I,.";,: 2, R..trICled D.llv.ry . . Canlu), tm..t.r for fH. .. 4., Artlcl. Number ' Z 069 895625 ' g ':: 4b. S.rvlc. Typ. i o Roglltlred 0 Inlured ~ C.rtllled,.y 0 coo}'.; o Exp,... Mill 0 R.tum Rec.lpt lor 1 7, D.t.ol IIv J! I 8, Add,.1 .... Add,... IOnly II roqu..ted, 'I .nd I.. II plldl ~ 8. SlgnlN.. CAg. J~ Form" . D.cember 1881 .u.a. 01'0: 1__714 DOMESTIC RETURN RECEIPT Exhibit !tONE" . ., COREY L. GAUKER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CHRISTY A, GAUKER, Defendant CIVIL ACTION - LAW NO, 95-4770 CIVIL CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Stephen G, Held, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the attorney for the Plaintiff, by First Class United States mail addressed as follows: ROBINSON AND GERALDO Gerald S. Robinson, Esquire 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Date:~ si~e~Ms~ire I I II II !I 1! ~ ~:!'-- :c: .( P- c- I.LI~-:'":'" o ~xC::'r ::r "'- r:.) t.)., .... Xi,'_> '"',. m ~~\',-:.!,;:~ - , - ;J~~ -::r ,.. ." . ", r- , ~ ~:.Z: ... I ~ ... I ... .... .r:: ,.... lll~ - !~ ~~~ p" .~ III i~ . I I ~ ~ - z ~ I , ia~o~~ > ~ I C!(~~~ !;~~~, . , .0: ..:I ~ ~I~~~ i ~ ~ w ...~ I ~ - .... I z <j::f~ ~ ~~ I ~ ~ I ~ ZX I o ~~ .. .. i . . '" , COREY L. GAUKER, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. , , CHRISTY A, GAUKER, Defendant CIVIL ACTION - LAW NO, 95-4770 CIVIL CUSTODY/VISITATION ANSWER Defendant, Christy A, Held, Esquire, files the represents that: her attorney, Stephen G, Answer and respectfully Gauker, by following 1. Admitted, 2. Denied as stated, It is denied that Defendant maintains a mailing address at 523 First street, Carlisle, Cumberland County, Pennsylvania, Defendant resides at 523 First street, carlisle, Cumberland county, Pennsylvania. Defendant lacks knowledge sufficient to form an opinion upon what the belief of Plaintiff may be regarding the residence of Defendant at 7073 Carlisle Pike, Lot No, 319, Carlisle, Cumberland County, Pennsylvania 17013, 3, Admitted upon information. 4, Admitted, 5, Denied as stated. The children are presently located at 7073 Carlisle Pike, Lot No, 79, Carlisle, Cumberland County, Pennsylvania, but they are being held without consent of Defendant, and any attempts at visitation or removal are met with strict resistance. 6, Admitted, 7. Defendant lacks knowledge sufficient to form an opinion upon what the belief of Plaintiff may be regarding the residence of Defendant at 7073 Carlisle Pike, Lot No, 319, carlisle, Cumberland County, Pennsylvania 17013, It is denied that Defendant resides with her parents, sister and step-sister, Defendant resides at 523 First street, Carlisle, Cumberland County, Pennsylvania, 8, a, Denied as stated, It is admitted that Corey L, Gauker, Jr, resided at RD 4 Box 4343, Duncannon, Pennsylvania with Plaintiff and Defendant from birth until October 10, 1992, Defendant is unsure of the meaning of "fraternal grandfather," but does admit that from the birth of Corey L, Gauker, Jr, on January 26, 1991 until October 10, 1992, Plaintiff, Defendant, and corey L, Gauker, Jr, resided with Plaintiff's mother and father, both paternal grandparents of said child, b, Admitted, i I I I, I c, d. i I II I I, I, i I I \ Admitted, Denied, It is denied that Plaintiff resided with Plaintiff on weekends and daily during the week from 9:00 a,m. until 12:00 a.m. from May 6, 1995 until August 1, 1995. It is further denied that the children lived with Defendant during the week from 12:00 a,m. until 9:00 a.m, from May 6, 1995 until July 31, 1995, From May 6, 1995, through the end of July, Defendant had physical custody of said children at 523 First street, Carlisle, PA, and Plaintiff generally exercised visitation rights during each weekend through said time period, During the period May 6, 1995, through the end of July, 1995, Plaintiff took physical custody of said children only sporadically during the week, COUNTBRCLAIM FOR CUSTODY Defendant/counter-plaintiff avers by way of counterclaim: 13, The prior paragraphs are hereby incorporated by reference, 14. Defendant/counter-plaintiff seeks custody of the following children: Name Corey L, Gauker, Jr, Present Residence 7073 Carlisle Pike #79 Carlisle, PA 17013 7073 Carlisle Pike #79 Carlisle, PA 17103 2 Age 4 Cara J, Gauker 15, The mother of the children is Defendant/counter-Plaintiff Christy A. Gauker who currently resides at 523 First street, Carlisle, Cumberland County, Pennsylvania, 16, She is married to Corey L, Gauker, Sr, 17. The father of the children is corey L, Gauker, Sr" who currently resides at 7073 Carlisle Pike, Lot No, 79, Carlisle, Cumberland County, Pennsylvania, 18, He is married to Christy A, Gauker, 19, The children currently relationship is that of resides with of plaintiff/Counter-Defendant to the father, The Plaintiff/counter-Defendant corey L, Gauker, Jr" and Cara J, Gauker, I, 20, The relationship of I children is that of mother. I Defendant/Counter-Plaintiff to the The Defendant currently resides alone, I II 21, The best interest and permanent welfare of the children will be served by granting the relief requested because: I \ ! a, Plaintiff/counter-Defendant is custody of said children; morally unfit to have b, Plaintiff/counter-Defendant has a history of emotional abuse of Defendant/counter-Plaintiff, with many incidences of same occurring in front of the two minor children; c, Plaintiff/counter-Defendant has taken the two minor children from Defendant/counter-Plaintff without her consent and has only allowed minimal visitation and only on his terms throughout the past several months; d, Plaintiff/counter-Defendant is using the two minor children as a weapon against Defendant/counter-Plaintiff in a misguided attempt to resolve their marital difficulites, Defendant/counter-Plaintiff believes this to be extremely detrimental to the welfare of the minor children. 22, 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. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None, WHEREFORE, Defendant/counter-Plaintiff requests the court to grant full legal and physical custody of Cara J, Gauker and corey L, Gauker, Jr, to Defendant/counter-Plaintiff christy A, Gauker, , Respectfully Submitted: DISSINGER & DISSINGER By: ~.J/- ~(? Stephe G, Held 28 N, 32nd Street camp Hill, PA 17011 (717) 975-2840 II II " II II I I I VERIPICATION I, Christy A, Gauker, verify that the statements made in the foregoing Answer and Counterclaim for custody are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 54904, relating to unsworn falsification to authorities, .tlvu(rftfia .~tlJ/ J;L!; christy A Gauker !I II , II i ! , I ". COREY L. GAUKER, SR" Plaintiff . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . . PENNSYLVANIA . . . , , , CIVIL ACTION - LAW , NO, 95-4770 CIVIL , CUSTODY/VISITATION , vs. CHRISTY A, GAUKER, Defendant CERTXPXCATE OP SERVICE I, Stephen G. Held, Esquire, do hereby certify that a copy of the foregoing Answer has been duly served upon Robert L. Buzzendore, Esquire, and Gerald S, Robinson, Esquire, attorneys for Plaintiff/Counter-Defendant, by depositing same in the United States Mail, postage prepaid, addressed as follows: Date: lop:t( , f Robert L, Buzzendore, Esquire Gerald S, Robinson, Esquire ROBINSON & GERALDO 4407 North Front Street Harrisburg, PA 17110 ~~,~ P , 'field, Esqu re Attorney for Defendant/ Counter-Plaintiff Ln !;n _ ~ ~f: a..:; LU~"'~ ..... ~~;,:..~,~: .:I" i"::r,tO:,~ C"") {:;, :~C:_ , ,J,.:.J . .:~ =~')'1 -;:,- . ,..:.r . 'IJ:;':: .... / ~';;; ~ '-~, -." elf.' ~ ... ... I ... .., ~~ h ~~~ bl" I - II. '2l III i~ , I I l!l - z :S ( , ~~Q~~ > UI I ~;~~~ ~ , I~ ~~~i~ . << ..:l ~ ml~~i 8 rI~ ~ I ~~II.~~I ~ z ,<j!:;j~ ~ z:C I C lll~ . .- . '. .' COREY L. GAUKER, SR., Plaintiff IN THE CXlURT OF c:c:x-IMOO PLEAS OF : CUMBERLAND COON'lY, PENNSYLVANIA , . vs. NO. 95-4770 CIVIL TERM , , CHRISTY A. GAUKER, Defendant , , CIVIr. ACTION - LAW CUsroDY COOR'l' QUlER AND tof, this \,,~ day of O~(.,c.T consideration of the attached Custody Conciliation Report, ordered and directed as follows: , 1995, upon it is hereby 1. The Mother, Christy A. Gauker, and the Father, Corey L, Gauker, Sr. , shall have shared legal custody of Corey L. Gauker, Jr" born January 26, 1991 and Cara J. Gauker, born July 11, 1993, 2, The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children on alternating weekends, beginning October 20, 1995, from Friday after the Mother's work day until the following Sunday at 7:00 p,m, In addition, the Mother shall have physical custody of the Children for two consecutive weekdays, including two periods of overnight custody, per week, The two day period of custody shall be scheduled by the parties to coincide with the Mother's day off from work each week and shall commence at the conclusion of the Mother's work day preceding her day off from work. The parties shall cooperate in scheduling the Mother's periods of weekday custody upon receipt of the Mother's work schedule each month. The Mother shall be responsible for arranging childcare for the Children when she is unavailable during her periods of partial custody, 4, The parties shall share physical custody of the Children on holidays as follows: en A 7'. The Father shall have physical custody of the Children: 1. In odd nUllbered years - Easter, July 4th, Thanksgiving and Christmas from 12:00 noon on Christmas Day until 12:00 noon on December 26th. = w_"% '" _T 0-,. '--."') 2. In even numbered years - New Years Day, Memorial Day, Labor Day and Christmas from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, - " = 3, In every year - Father's Day, B. The Mother shall have physical custody of the Children: 1. In odd numbered years - New Years Day, Memorial Day, Labor Day and Christmas from 12:00 noon on Christmas Eve until .' , 12:00 noon on Christmas Day. 2. In even numbered years - Easter, July 4th, Thanksgiving, and Christmas from 12:00 noon on Christmas Day until 12:00 noon on December 26th. 3. In every year - Mother's Day and Halloween trick-or-treat night. 5. The holiday custody schedule shall supersede the regular schedule. 6, This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control, BY THE COURT, J, cc: Gerald S. Robinson, Esquire ,".0' J. --< ~ 10/IV/'l/ Stephen G. Held, Esquire . .. , , CXlREY L. GAUKER, SR., : IN THE COURT OF ca.lMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . , . vs. NO. 95-4770 CIVIL TERM CHRISTlt' A. GAUKER , CIVIL ACTION - LAW Defendant , CUSTODY . CU>TCDY cnlCILIATI~ SlMlARY REP<Rr IN ACCXlUlANCB WI'l'H aJmBRLAND aurJ.Y RULB 011' CIVIL PRl) .....-:JRB 1915.3-8, the undersigned CUstody Conciliator submits the fOllowing report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Corey L. Gaulter, Jr. Cara J. Gauker January 26, 1991 July 11, 1993 Plaintiff/Father Plaintiff/Father 2. A Conciliation Conference was held on October 10, 1995, with the following individuals in attendance: The Father, Corey L. Gaulter, Sr., with his counsel, Gerald S, Robinson, Esquire, and the Mother, Christy A. Gaulter, with her counsel, Stephen G, Held, Esquire. () c.hJ bM Date 3. The parties agreed to entry of an Order in the form as attached, ~t2"i~ Dawn S, Sunday, Esqur CUstody Conciliator ;t~, /97.s- , '.', ;11 a H~ '. '::t: ~l ~l ~~~n ~) '. II ,~ 'IB I~ !In I . , 0&1: ~ i 1-1 >1 R so,' j!j ", '" '~.; . ';,~~ij~~f~~t.,,: , '[;';'{'" 'l"!A~fr,ff::: ','i , ;:\' j{ 'ii;:;: tit,1lll ~< (. ~ ~. ,~~}i;" ~j.;)-' T";~"':,I",- - .... ' ':: ',~; i~:;~'~~I'~rl' :,,;1:. , - ~ _,'I' ,'&y. ~+ . .r: ). >"',.: ,1.. if '(- , ",>:\'?':~,~~,::,{2~': ')r/f::' ..- .. . ~ . . .. ~ , , ~ . DCI i 7 t9T-J~ ' <>