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HomeMy WebLinkAbout03-0631KELLI GUTSHALL, Plaintiff, DAVID GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Kelli Gutshall, by and through her attorney, Gary L. Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Kelli Gutshall who resides at 6001 Hummingbird Lane, Mechanicsburg, Pennsylvania 17050. 2. Defendant is David Gutshall who resides at 2900 Glenwood Road, Camp Hill, Pennsylvania 17011. Plaintiff seeks custody of the following children: Name Present residence Sara Gutshall Samuel Gutshall 6001 Hummingbird Drive Mechanicsburg Age DOB 4/14/90 2900 Glenwood Road DOB 5/3/92 Camp Hill The parties are husband and wife and are presently separated. The children were born of the marriage. The minor children were previously in the custody of the Plaintiff from December 26, 2002 through February 7, 2003. At that time, Defendant refused to return Samuel to the custody of his mother. Sara continues to reside with the Plaintiff. 4. During the past 5 years, the children have resided with the following persons and at the following addresses: Persons Plaintiff Defendant Plaintiff Addresses 2900 Glenwood Drive Camp Hill Dates Through 12/25/02 6001 Hummingbird Drive 12/26/02 . 2/7/03 Mechanicsburg Sara continues to reside with Plaintiff as of the filing of this matter. Samuel is presently in the custody of Defendant since 2/7/03 at which time he refused to return the child to Plaintif£ 5. The mother of the children is Plaintif£ 6. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: /Name Relationship Sara Gutshall daughter 7. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: Name Relationship Samuel Gutshall son 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is a fit parent. past. Defendant suffers from severe mood swings and has verbally abused the children in the The minor children view Plaintiff as a source of love and affection. Placing custody with Plaintiff will provide continuity, stability and certainty to the children's lives. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the children to Plaintif£ Respectfully submitted, Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff Date:~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I Understand that fa/se statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. KELLI GUTSHALL, : Plaintiff, : V. " : DAVID GUTSHALL, : Defendant : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANI~B CIVIL ACTION - CUSTODY ORDER AND NOW, this ~ ~day of February, 2003, upon consideration of Plaintiffs Petition ' ' is hereb O~E~D ~d DEC~ED t~ --~:~.:--: -__:__on ~s For. Eme~gen? Rff~i~f, ~t_~s g~~ ~~~O ~ ~ ~.~. ~ ~~~-- _~ ~.~ . ' - · .... is JUDGE KELLI GUTSHALL PLAINTIFF Vo DAVID GUTSHALL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-631 CIVIL ACTION LAW IN CUSTODY ORDER OF CO'URT AND NOW, Thursday, February 20, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. _, the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, March 20, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 tAR 2 4 OD3 KELLI GUTSHALL VS. DAVID GUTSHALL Plaintiff ' Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-631 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 19th day of March~ 2003 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, relinquishes jurisdiction. The Custody Conciliation Conference scheduled for March 20, 2003, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KELLI L. GUTSHALL, Plaintiff DAVID W. GUTSHALL, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4032 CIVIL ACTION - LAW KELLI GUTSHALL, Plaintiff DAVID GUTSHALL, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03 - 631 CIVIL ACTION - LAW IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES NOW, to wit, this/~ay of ~~ 2004, upon consideration AND of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Kelli L. Gutshall, and Defendant, David W. Gutshall, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated September 10, 2004 are adopted as an Order of Court. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KELLI L. GUTSHALL, Plaintiff DAVID W. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-4032 CIVIL ACTION - LAW KELLI GUTSHALL, Plaintiff DAVID GUTSHALL, Defendant IN THE COURT OF COMMON PLEA~ CUMBERLAND UNTY, PENNS~VAN~ CO "~ ~'~'~ NO: 03-6311 CIVIL ACTION IN CUSTODY © STIPULATION REGARDING CUSTODY WHEREAS, the parties to this Stipulation are Kelli L. Gutshall (Mother) and David W. Gutshall (Father); and WHEREAS, the parties are the parents of two (2) minor children, Sara C. Gutshall DOB April 14, 1990, and Samuel L. Gutshall, DOB May 3, 1992; and WHEREAS, a custody conciliation conference is presently scheduled for September 15, 2004; and WHEREAS, the parties wish to reach an amicable resolution regarding the care, custody and control of the minor children; and WHEREAS, the parties agree that it is in the children's best interest that they reach a resolution regarding the custody of the minor children. NOW, THEREFORE be it resolved this l0th day of September, 2004, that the patties hereby stipulate, covenant and agree as follows: 1. The parties shall share legal custody of the minor children. Mother shall have primary physical custody of Sara and Father shall have primaw physical custody of Samuel. Mother and Father shall have periods of alternating physical custody of both minor children pursuant to the following schedule; Alternate weekends from Friday after school until Sunday at 5:00 P.M. commencing Friday, September 3, 2004. Mother shall have custody of both minor children from Friday through Sunday. The following weekend, Father shall have custody of both minor children from Friday through Sunday. Thereafter, the parties shall alternate weekends in accordance with this schedule. Alternate holidays so that Mother shall have partial custody for Easter weekend, July 4th, Thanksgiving holiday, Christmas Day at noon through December 26 at noon in one calendar year and for Memorial Day weekend, Labor Day weekend and Chrislmas Eve and Day through noon the following year. Said schedule shall begin with Mother for the Labor Day holiday in 2004. Should a holiday fall on a Monday and a respective parent's period of physical custody falls on that weekend, the children shall be permitted to stay the entire weekend from Friday through Monday at 5:00 P.M. Additionally, a holiday shall commence at 9:00 A.M. the day of said holiday through 5:00 P.M. the same day unless the parties otherwise agree. Two (2) weeks summer vacation which may be consecutive upon one month's prior notice. Wife shall have custody of the children on Mother's Day and Father shall have custody of the children on Father's day. Other times as the parties may mutually agree. The parties acknowledge and agree that the holiday schedule shall take precedence over normally scheduled periods of physical custody. e ge The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule of partial custody. Neither party shall be under the influence of alcohol or illegal drugs during their respective periods of physical custody. The parties agree that this Stipulation shall be entered as an Order of Court. 1N WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness ~ ~ D'hvid ~. Gutsha~ 3 The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing the schedule &partial custody. Neither party shall be under the influence of alcohol or illegal drugs during their respective periods of physical custody. The parties agree that this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as ifa full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Dawd ~ G~ ~