Loading...
HomeMy WebLinkAbout97-01441y T t tl a a Christine M. Noto, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- /441 C I V I L TERM Robert E. Gutshall, Jr., Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW this 10 r1l d ? ay of March, 199.x; upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Christine M. Noto, now residing at 424 Dogwood Court, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Robert E. Gutshall, Jr., the following Temporary Order is entered. The defendant, Robert E. Gutshall, Jr., (SSN: unknown and date of birth: 12/21/73) now residing at 491 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Christine M. Noto, or placing her in fear of abuse. The defendant is ordered to stay away from the plaittitiff's residence located at 424 Dogwood Court, Carlisle, Cumberland County, Pennsylvania, a residence which is not owned or leased by the defendant, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle tit all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited I purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the Plaintiff's relatives. The defendant is enjoined from entering the plaintiff's Place of employment and the day care facility of the minor child. The defendant is enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. A violation of this order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 96114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Christian A. Gutshall, is hereby awarded to the plaintiff, Christine M. Nolo. A hearing shall be held on this matter on the z r day of March, 1996, at / 3 a Pill. , in Courtroom N0.3 Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without Pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania state and the Carlisle Police Departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation i is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. § 6113). Christine M. Noto, Plaintiff v. Robert E. Gutshall, Jr., Defendant IN THE COURT OI' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- /tf y/ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NO'T'ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice tire served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 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. Christine M. Nato, IN THE COURT OI' COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, P17NNSYLVANIA V. 147 I NO. 97- CIVI1. 'I'IiRM Robert E. Gutshall. Jr., Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. § 6101 et seq. A. ABUSE 1. The plaintiff, Christine M. Nato, is an adult individual residing at 424 Dogwood Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Robert E, Gutshall, Jr., (SSN: unknown)(Date of Birth: 12/21/73), is an adult individual residing at 491 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant is the father of the minor child. 4. Since approximately 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused serious bodily harm to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: It. On or about March 15, 1997, when the defendant arrived home, he harassed the plaintiff calling her vile names causing her to fear for her safely. The defendant pushed the plaintiff out of bed causing tier to fall onto the floor. when the plaintiff tried to leave with the minor child, the defendant grabbed the child and refused to allow them to leave the residence. b. On or about March 7, 1997, the defendant pushed, shoved, and threw beer bottles at the plaintiff causing her to move to avoid being hit. In anger, the defendant knocked the kitchen table over and punched the medicine cabinet causing the plaintiff to fear for her safety. The defendant jumped on the plaintiff as she lay on the couch with the minor child. The defendant sat on the plaintiff, not allowing her to get up and put his hands over her face attempting to smother her. The defendant then choked the plaintiff placing both his hands around her neck. The defendant threatened the plaintiff saying to the child, "Say good bye to your mother because she is leaving and you will not see tier again," causing the plaintiff to fear for tier life. The plaintiff ran out the door but the defendant caught her and knocked her down onto the driveway causing her to hit her head. The defendant . kicked the plaintiff as she tried to get up knocking tier down again causing tier to hit tier head on the ground. The defendant threatened the plaintiff yelling "Go ahead and leave and I will run you over." causing the plaintiff to fear for her safety. C. On several occasions since 1993. the defendant has pushed, shoved, slapped, clicked, and kicked the plaintiff causing bruises and pain, massive headaches, and the vomiting of blood. The defendant has thrown objects at the plaintiff and punched walls causing her to fear for her safety. 5. On or about March 15, 1997, the plaintiff and the minor child left thuir residence at 491 Petersburg Road, Carlisle, Cumberland County, Pennsylvania, in order for the plaintiff to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. S. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the 3 plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment and day care facility of the minor child. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 12. The defendant has his own residence located at 491 Petersburg Road, Carlisle, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE. 13. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. D. TEMPORARY CUSTODY 14. The plaintiff seeks temporary custody of the following child: Name Present Residence Age Christian Gutshall 424 Dogwood Court 2 years old Carlisle, Pa DOB 4/22/94 The child was born out of wedlock. The child is presently in the custody of the plaintiff, 4 Christine M. Note, who resides at 424 Dogwood Court, Carlisle, PA. Since his birth, the child tins resided with the following persons and at the following addresses: Name Addresses Dates Plaintiff and 200 East Pomfret Street 4/22/94 to defendant Carlisle, PA 3/95 Plaintiff, 424 Dogwood Court 3/95 to defendant, Carlisle, PA 10/96 Barbara McClure (plaintiff's mother ), Ashley McClure (plaintiff's half-sister), Micha el Moose (mother's friend) and Tyanna Moose (Michael Moore's daughter) Plaintiff 491 Petersburg Road 10/96 to and defendant Carlisle, PA 3/15/97 Plaintiff, Barbara 424 Dogwood Court 3/15/97 to McClure, Ashley Carlisle, PA Present McClure, Michael Moore, Tyanna Moore The plaintiff, the mother of the child, currently resides at 424 Dogwood Court, Carlisle, Cumberland Count y, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Name Relationship Christian Gutshall son Barbara McClure nwtlie r Ashley McClure sister Michael Moose mother's friend Tyanna Moose Michael Moore's daughter 5 The defendant, the father of the child, currently resides at 491 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. lie is single. The defendant currently resides alone. 15. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 16. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 17. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the child since his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. 6 WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. § 6101 ct sea., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant it Temporary Order pursuant to the "Protection from Abuse Act:" i 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having i any direct or indirect contact with the plaintiff including, but not limited to, telephone and I j^ written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment or the day care facility of the minor child. i 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 424 Dogwood 7 Court, Carlisle, Cumberland County, Pennsylvania, and any other residence the Plaintiff "illy establish, except for the limited Purpose of transferring custody of the Parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody, 7• Granting temporary custody of the minor child to the plaintiff. B. Schedule a hearing in accordance with the Provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1• Ordering the defendant to refrain from abusing the Plaintiff or Placing her in fear of abuse. 2• Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. 4. Prohibiting the defendant from entering the Plaintiff's Place of employment or the day care facility of the minor child. 3 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned solely by the plaintiff. 6. ordering the defendant to stay away from the plaintiff's residence located at 424 Dogwood Court, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times (luring the transfer of custody. 7. Ordering the defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and order be delivered to the Pennsylvania State and the Carlisle Police Departments which have jurisdiction to enforce this order. The plaintiff prays for such other relief as may be just and proper. 9 ..... _. _.. .... _ ,.._...?? a _' . .,-:,. _... ?sa.- •« n p :.r . :- .- -,?..,..?q?.?.yw...-...... .. ,f-xa n:.-......•?..r+.+.-.a-.ss... a COUNT 11 CUSTODY UNDf:R PENNSYLVANIA--CUSTODY LAW 19. The allegations of Count I above are incorporated herein as if fully set forth. 20. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in paragraph 18 of the petition. WHEREFORE, pursuant to 23 Pa.C.S. § 5301 et seg., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, an Carey, Attorney f Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 10 The above-named plaintiff, Christine M. Noto, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. Date: 31(1 0 k;, ' tc,'r>.K_ -n0-t> ) Christine M. Noto, Plaintiff i i V I L ++ , : -n r . Af. 4 .. _. _ ... .-:.'._ - i. a -..laich-..? _F 4 .:--.,._: ...,-:3-5... i..W Christine M. Noto, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1441 CIVIL TERM Robert E. Gutshall, Jr., Defendant PROTECTION FROM ABUSE AND CUSTODY 01 : KIRO CO NU N AND NOW, this day of March, 1997, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on the 27th of March, 1997 at 11:30 p.m. in Courtroom No. 3, by this Court's Order of March 20, 1997, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. Certified copies of this Order for Continuance will be provided to the Pennsylvania State and Carlisle Police Departments by the plaintiff's attorney. By Joan Carey Attorney for Plaintiff Clayton W. Davidson Attorney for Defendant pcwo??n v,lro?sd A?op L.S. Christine M. Noto, Plaintiff v. Robert E. Gutshall, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1441 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY OT ON_FOR CONTINUANCE The plaintiff moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1• A Temporary Protection on Thursda Order was issued by this Court Y, March 20, 1997, scheduling a hearing for Thursday, March 27, 1997, at 11:30 a.m. In Courtroom No. 3. 2. The Cumberland County Sheriff's Department served the defendant with a certified and Petition copy of the Temporary Protection Order for Protection Order on Thursday, March 20, 1997, at approximately 12:10 p.m. at 1235 Ritner Highway, Cumberland County. 3• The defendant has retained Clayton W. Davidson of the Law Offices of Francis M. Socha to represent him in the matter. 4• The parties by and throw hearing be gh their counsel agree that the generally continued to afford them time to execute a Consent Agreement. 5• The plaintiff requests Order that the Temporary Protection remain in effect until modified or terminated by the court after notice or hearing. 6. Certified copies of the Order for Continuance will be . delivered to the Pennsylvania State and Carlisle Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection order remain in effect until further Order of Court. Respectfully submitted, 'ban Carey, Attor y for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 f r. .? ... 'r: i _ ? ?-t t, , . .. , .?l ?' 1C I i c `] i r, l ., ' : 1 i 1 ..: ?? '? ..? SIII•:R(F'F"ti lih;l'i1fiN - lil•:G111•AR CASE: NI,1: lL)97-01q.11. P I'UMMIJNWEALTII Ili'' PENNSYLVANIA: COUNTY UI' CUMHERI.AND NIl'I'0 1;II1?IS'1'INF: M VS. GUTSHALf. ROBERT F: JR M WIIAEI._. 13ARR CCK CUMBERLAND Count Sheriff or Deputy Sheriff of y, Pennsylvania, who being duly sworn according to law, says, the within PwrT :MI)N FROM APUSF upon GItTSIIAI.i.. ROH¢;RT_ E JR was served defendant, at 1210;00 HOURS the - on the 20th day of March 1997 at 123:i RITNER lilt-HWAY CARLISLE,,. PA t7013 County, Pennsylvania, by handing to ROHENT E. GUTSHALL, jF?. CUMBERLAND a true and attested copy of the PliulvCTION FROM AyI1SE together with *rEMPURARY PRU'rECTII)N ORDER NOT [CF: AND I'ETI'f CON and at the same time dire;ting His- attention to the contents thereof. Shortff'c Costs: D01,krat i.ng :30rvire H. 00 Affidavit •3, to ?;urcharge • 00 2.00 So anawe mamas ine, erix 00/00/000 by Sworn anti subscribed to before me this it day of 0 u 19 4.7_ A. r). - ?}IS,tatl ttr 0' ?n D? n0 j/ rono ary Christine M. Noto, Plaintiff v. Robert E. Gutshall, Jr., Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1441 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY consideration of the Consent Ag following order is entered: , 1997, upon ment of the parties, the 1. The defendant, Robert E. Gutshall, Jr., is enjoined from physically abusing the plaintiff, Christine M. Noto, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from entering the plaintiff's place of employment. S. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is ordered to stay away from the plaintiff's residence located at 424 Dogwood Court, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 7. The court costs and fees are waived. 8. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 9. A violation of this order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-31,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The Pennsylvania State and Carlisle Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the I j 1 order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. § 6113). By the Court, . Hoofer, Judge Joan Carey / Attorney for Plaintiff Clayton W. Davidson n! Attorney for Defendant X? ?. ???. C" ?. ' i? w? i', • i ? '_: ? 1 '? ? (, .. 1," ( f Yt r.M 4 • ? { 1 } ' ? {:'.', y, v. ? ..... __.._..........:......e - Christine M. Noto, Plaintiff v. Robert E. Gutshall, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1441 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY AND NOW, this day o, 1997, upon CUSTOVnjzrc consideration of the parties' Cement, the following Order is entered with regard to custody of the parties' child, Christian A. Gutshall, DOB 4/22/94. 1. The plaintiff, Christine M. Noto, hereinafter referred to as the mother, and the defendant, Robert E. Gutshall, Jr., hereinafter referred to its the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child every other weekend from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. starting April 19, 1997, every Wednesday from 6:00 p.m. to 8:00 p.m., and other times agreed upon by the parties. 4. The mother and father shall share custody of the child on the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving dividing the day in half at times to be agreed upon by the parties. 5. The father and mother shall alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve at 6:00 p.m. until Christmas Day at 12:00 p.m. and the other parent having the child from Christmas Day at 12:00 a.m. until Christmas Day at 8:00 p.m. with the mother having custody beginning Christmas Eve 1997. 6. The mother and father shall have the right to see the child on his birthday at a time to be agreed upon by the parties. 7. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 8. The mother and father shall give each other reasonable notice if they intend to take the child out of state overnight and shall provide the name(s), address(es), and phone number(s) where the child can be reached in case of an emergency. 9. The mother and father shall have the right to reasonable phone contact with the minor child before 9:00 p.m. 10. The mother and father shall give reasonable notice to each other if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. 11. The mother and father shall notify each other immediately of medical emergencies which arise while the child is in that parent's care. 12. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Joan Carey Attorney for Plaintiff 7itXL4 is r Clayton W. Davidson Attorney for Defendant J?/5 C Christine M. Note, Plaintiff V. Robert E. Gutshall, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1441 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT p This Agreement is entered on this U? day of AW-1L , 1997, by the plaintiff, Christine M. Noto, and the defendant, Robert E. Gutshall. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Clayton W. Davidson of the Law Offices of Francis M. Socha. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Robert E. Gutshall, Jr., agrees to refrain from abusing the plaintiff, Christine M. Noto, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stdlk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. °0? 6. The defendant agrees to stay away from the plaintiff's residence located at 424 Dogwood Court, Carlisle, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-51,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. 10. The defendant and the plaintiff agree to the entry of an Order providing for the following regarding custody of their child, Christian A. Gutshali, DOS 4/22/94. a. The mother and father shall share legal custody of i the child. b. The mother shall have primary physical custody of the child. C. The father shall have partial custody of the child every other weekend from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. starting April 19, 1997, every Wednesday from 6:00 p.m. to 8:00 p.m., and other times agreed upon by the parties. d. The mother and father shall share custody of the child on the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving dividing the day in half at times to be agreed upon by the parties. e. The father and mother shall alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve at 6:00 p.m. until Christmas Day at 12:00 p.m. and the other parent having the child from Christmas Day at 12:00 a.m. until Christmas Day at 8:00 p.m. with the mother having custody beginning Christmas Eve 1997. f. The mother and father shall have the right to see the child on his birthday at a time to be agreed upon by the parties. g. The mother and father, by mutual agreement, may vary from this schedule at any time, but the order shall remain in effect until further order of court. h. The mother and father shall give each other reasonable notice if they intend to take the child out of state overnight and shall provide the name(s), address(es), and phone number(s) where the child can be reached in case of an emergency. i. The mother and father shall have the right to reasonable phone contact with the minor child before 9:00 P.M. j. The mother and father shall give reasonable notice to each other if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. k. The mother and father shall notify each other immediately of medical emergencies which arise while the child is in that parent's care. 1. The mother and father realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the Parties request that a Protection and Custody Order be entered to reflect the above terms. I 1`'-GEC / / // Christine Af. Noto, Plaintiff Robert L. Gutshall, Defendant ban Carey Attorney for Plaintiff LEGAL SERVICES, INC. S Irvine Row Carlisle, PA 17013 (717) 243-9400 CI yto W. Dav' son Attor ey fo Defendant Law Offices of Francis M. Socha 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 c -o 'SYl rl r11 ,R c CHRISTINE M. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY ROBERT E. GUTSHALL, Defendant : NO. 97-1441 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Christine M. Gutshall, by her attorneys, the Family Law Clinic, respectfully represents that on April 22, 1997, an Order of Court was entered for custody of Christian A. Gutshall, born April 22, 1994, a true and correct copy of which is attached. Under the existing Order, Mother has primary physical custody of the child. Father has partial custody of the child. Father is to have physical custody of the child on alternate weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m., every Wednesday from 6:00 p.m. to 8:00 p.m., and other times agreed upon by the parties. 2. This Order should be modified because: a. The order is eleven years old. b. The parties have since married and separated. c. The Parties have two additional children that must be included in a custody order) Cameron P. Gutshall, born June 4, 2004 and Bailey J. Gutshall, born June 4, 2004. d. The order is no longer applicable for the parties in their current situation. e. Father was charged with Driving Under the Influence on October 17, 2008. f. Mother is concerned about Father's recent increased drinking habits, WHEREFORE, Petitioner asks that the Court to modify the existing Order for Custody to grant Mother primary physical custody and Father partial custody of the children. Date: 1) I Co Q Karen Fernandez Certified Legal Intern MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: L-a /x L? -?k Christine M. Gutshall CHRISTINE M. GUTSHALL Plaintiff V. ROBERT E. GUTSHALL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 97-1441 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Christine M. Gutshall, 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: November 10, 2008 Certified Legal Intern MEGAN RIESMEYE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 CHRISTINE M. GUTSHALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1997-1441 CIVIL ACTION LAW ROBERT E. GUTSHALL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 14, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 16, 2008 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. 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/ jacqueline M. Verney, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU-CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? A.Nr A ON goal J CHRISTINE M. GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY ROBERT E. GUTSHALL, Defendant NO. 97-1441 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Fernandez , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Custody Order on Robert Gutshall, residing at, 165 Oakhill Road, Carlisle, Cumberland County, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Robert Gutshall, on the 18th day of November 2008, as evidenced by the attached green card. Karen Fernandez Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or om+he front if space permits. 1. Article Addressed to: 1,5 ? bent B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes . If YES, enter delivery address below: 4 No 3. Service Type Certified Mail ? Express Mail ? Registered ISkRetum Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 'i Yes 2. ArtirJwM7008 1140 0001 6165 1085 I PS Form , February 2004 Domestic Return Receipt 10259502-M-1540 .., z `?, t_' _? r e _.., ., ?_ ?? , ?? , . t`r t _ r?z _. ._? s `.. -r.,1 r, , n ? ^ 7 20M G, -, 7 2DM CHRISTINE M. GUTSHALL, : IN THE COURTIOF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT E. GUTSHALL, Defendant : NO. 1997-1441 : IN CUSTODY ORDER OF COURT AND NOW, this V7 day of _ consideration of the attached Custody Conci follows: The prior Order of Court dated April 22, 2. The Mother, Christine M. Gutshall and thf shall have shared legal custody of Christian A. Gutshall, Gutshall, born June 4, 2004 and Bailey J. Gutshall, born, have an equal right, to be exercised jointly with the other emergency decisions affecting the Children's general we limited to, all decisions regarding their health, education terms of 23 Pa.C.S. §5309, each parent shall be entitled t pertaining to the children including, but not limited to me records, the residence address of the children and the oth, parent has possession of any such records or information share the same, or copies thereof, with the other parent AN make the records and information of reasonable use to th shall be entitled to full participation in all educational any meetings and evaluations with regard to the minor childn to full and complete information from any physician, den copies of any reports given to them as parents including, records, birth certificates, school or educational attendani Additionally, each parent shall be entitled to receive copi from school with regard to school pictures, extracurricul, musical presentations, back-to-school nights, and the like 3. Mother shall have primary physical 4. Father shall have periods of partial physi p.m. to Sunday at 10:00 a.m. beginning December 26, 2 thereafter. CIVIL ACTION - LAW , 2008, upon it iedand directed as is hereby vacated. Father, Robert E. Gutshall, >orn April 22, 1994, Cameron P. une 4, 2004. Each parent shall parent, to make all major non- 1-being including, but not ind religion. Pursuant to the all records and information dical, dental, religious or school r parent. To the extent one that parent shall be required to thin such reasonable time as to other parent. Both parents medical/treatment planning n. Each parent shall be entitled List, teacher or authority and 3ut not limited to: medical e records or report cards. ;s of any notices which come r activities, children's parties, of the children. custody from Friday at 5:00 > and on alternating weekends ;;-- 5. Transportation shall be shared such that t parties shall meet at the Carlisle Police Department to exchange custody. Father hall not drive the children while he is under the influence of alcohol or illegal drugs. 6. Holidays shall be shared or alternated as agreed by the parties. 7. The parties shall notify each other of all dical care the children receive while in that parent's care. The parties shall notify the of er immediately of any medical emergencies which arise while the children are in their c e. 8. Neither parent may do anything, nor perm t a third party from doing anything which may estrange the children from the other arty, 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. 9. This Order is entered pursuant to a Ct parties may modify the provisions of this Order by n mutual consent, the terms of this Order shall control. BY THE C ccaren Fernandez, certified legal intern, Counsel for jVlegan Riesmeyer, Esquire, Family Law Clinic ,/Robert E. Gutshall, pro se 165 Oakhill Road Carlisle, PA 17015 ?o ?'" milt ?/o Conciliation Conference. The consent. In the absence of J. c N . ?? .... - 11.1 LIJ - iE- CD Lj- cc> CHRISTINE M. GUTSHALL, Plaintiff V. ROBERT E. GUTSHALL, Defendant : IN THE COURT :CUMBERLAND NO. 1997-1441 IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN ACCORDANCE WITH CUMBERLAND OUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Con iliator submits the following report: 1. The pertinent information concerning the this litigation is as follows: NAME DATE OF BIRTH Christian A. Gutshall April 22, 1994 Cameron P. Gutshall June 4, 2004 Bailey J. Gutshall June 4, 2004 who are the subject of Y IN CUSTODY OF Mother Mother Mother 2. A Conciliation Conference was held in th' matter on December 16, 2008, with the following in attendance: The Mother, Christine . Gutshall, with her counsel, Karen Fernandez, certified legal intern and Megan Ries eyer, Esquire, Family Law Clinic. Father, although notified of the conference, did t appear. 3. A prior Order of Court was entered by the Honorable President Judge George E. Hoffer dated April 22, 1997 providing for sha ed legal custody, Mother having primary physical custody and Father having alternating weekends and one evening per week. 4. Mother requested an Order in the form as Date acq line M. Verney, Esquire Custody Conciliator Christine M. Gutshall, Plaintiff V. Robert E. Gutshall, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 97-1441 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court on Robert E. Gutshall, by depositing a copy of the same in the United States mail, addressed to 165 Oakhill Road, Carlisle, Pennsylvania 17013 on December 22, 2008. Nicole Berman Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 -t .' fi f ', ?: f s '? ,.? ? riJ '?