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Home My WebLink About00-05956 ',' -.p;J, ___~,_ ,. ~;_"~<' _'__". -, "'''-'0''''-'0'.- , "'--"";'"-;;,,,.',--, "'----}j;i: KARIN SIMPSON GUTSHALL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. to - 59SZ ~ CHARLES E. GUTSHALL, Defendant : IN DIVORCE 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 rights 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 Legal Services Office 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 " ",'~- . .-,",<-;.. ~ -" _~ " 0 'C-' . -< ~" " ';';',>-- ~,<<,= ..~'" O'"';'fi'.. ;',-",-" -""~---': NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 80S propiedades 0 otros derechos importanates para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Legal Services Office 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 ~' , ",,' ,~ .', --'.' , "~'"'--~""~"~'.'~--' -,~,--.,"},;,~"::,--,,, "'--h'~ t-2iLt~: KARIN SIMPSON GUTSHALL, Plaintiff v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~ NO. {)-O - 5 <; Sf. G:..x..e / .u-- CHARLES E. GUTSHALL, Defendant : IN DIVORCE COMPLAINT IN DIVORCE COUNT I DIVORCE AND NOW comes the above Plaintiff, Karin Simpson Gutshall, by her attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Karin Simpson Gutshall, is an adult individual who resides at 215 NorthgateDrive, Camp Hill, Cumberland County, Pennsylvania 17011 but will be relocating to 124 N. 30th Street, Camp Hill, Pennsylvania on or about September I, 2000. 2. The Defendant, Charles E. Gutshall, is an adult individual who resides at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. '"".,,,,,,,,-,, - -~, 4. The Plaintiff and Defendant were manied on October 10,1987, in Mansfield, Tioga County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6, The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c), The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to fIle an Affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an Affidavit. 7, There have been no prior actions in divorce between the parties. 8. Plaintiff' has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 9. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. ','\.,'- ~j,'-"-'T_ __-..; " ''_--,,'"', ..,', ,,~, ',. ,,;" C_. ,'~) -W;--,' ~'>.-i-;;'-,'\;;S-_","-",J~~~' , -.~ -)r:': COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full, 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage until the date of their separation. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property, WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT m ALIMONY 13. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15, Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. ~ ,_ "~,. - ,_ ,n_ __~>,' .~,__ ., _~_,'~' e._ '~.... "'.",;*_. ~, ;r: COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 9 of the Complaint are incorporated herein by reference as though set forth in full, 17. Defendant earns in excess of $300,000 gross per year and has assets which have not yet been ascertained. 18. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19, Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. .,,' ,-.0''-.- ~. ,_~__.'",'__' ~~" ~ ,_"W_"'-."~<_O~.._ "!~.','.~-~,,,, __,_'~ . . I verity that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S,A. ~4904 relating to unsworn falsification to authorities. By: .#-~ Date: '9'(2.-1 h By: Kat een Carey Daley, Esquir Attorney No. 30078 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Plaintiff ~ , - ~-~fu'" /f/ _/' 4' KARIN SIMPSON GUTSHALL PLAINTIFF V. CHARLES E. GUTSHALL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-5956 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 11th day of September ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite lOS, Camp Hill, FA 17011 on the 16th day of October , 2000, at 9:15 a.m. 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 defme 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. FOR THE COURT, By: Isl 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 :l Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 il ~ ~ i i' '~- c<';;~-""_ " " - -~ ~ - _. " ="'~ In ,'-' .,,-_,_._"y, .-e" --"",.,- ~ " .,' ~N'" >~-"~- ~= 'i !-',:' (".rr, ,'~ I,~ '" ~i <". ~ . ,.1-11; CUi\/j,=-::;!::f-:l......,! .:' ) ~ ,to,;: ~i\rrv FEJ\JidC;\fL'-\ ".;,\' ;I'~~'" . .'J,-, //1.1-:1""\ f'/3.(}O W'~1'P'!U~ ~ 4# --04 tJ'/3 .C/o /7c%, ~ ~ ~- tf.(J '00 ~ /11~ -t; all ~ ~"~~ . '.'_ ~,''''''''''1';''''l'?'"l~ ~.~=~~~~~'~~~~*Jl~~!1i!!~~""'~_~.(.r.'~!JiIIl "__>to. """" '1 KARIN SIMPSON GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. tOo - .5' ~~6 ta:J CHARLES E. GUTSHALL, Defendant IN CUSTODYMSITATION ORDER OF COURT You, Charles E. Gutshall, Defendant, have been sued in court to obtain custody, partial custody or visitation of the children: Caroline Gutshall, date of birth April 5, 1988; Matthew Gutshall, date of birth November 14, 1991; and Emory Gutshall, date of birth April 20, 1995. You are ordered to appear in person at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, on . at .M.,for a conciliation or mediation conference. _ a pretrial conference. _ a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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 FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE ONE COURTIIOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 ,- '-'~ -'-',~- ---,.' -',,-,,'~'-',f,>b '-';$.c,'_h."'__' '-'"._,e --'C'-''''"' -,~, ,'.' lij 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. BY THE COURT: Date: J. :,j KARIN SIMPSON GUTSHALL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (}{)- 5'CJ:fCe ~ --r~ CHARLES E. GUTSHALL, Defendant IN CUSTODYMSITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Karin Simpson Gutshall, an adult individual who resides at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011 but who will be relocating to 124 N. 30th Street, Camp Hill, Pennsylvania on or about September 1, 2000. 2, The Defendant is Charles E. Gutshall, an adult individual who resides at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011, 3. The Plaintiff seeks custody of the following children: Name Present Residence ~ Caroline Gutshall 215 Northgate Drive Camp Hill, PA 17011 12 Matthew Gutshall 215 Northgate Drive Camp Hill, PA 17011 8 Emory Gutshall 215 Northgate Drive Camp Hill, PA 17011 5 The children were not born out of wedlock. The children are presently in the custody of Karin Simpson Gutshall who resides at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. em_ ~ --, "~ -,. ~ ~. - <'I. H,D"'';'''''h'_~,"'..,,_= ~ I1l',':,1 4. During the past five years, the children have resided with their parents only at 215 Northgate Drive, Camp Hill, Pennsylvania. 5. The mother of the children is Karin Simpson Gutshall, currently residing at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011, She is pending divorce, 6. The father of the children is Charles E. Gutshall, currently residing at 215 Northgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. He is pending divorce. 7. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NlI!M Relationship Charles Caroline Matthew Emory Husband Daughter Son Son 8, The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: NlI!M Relationship Karin Caroline Matthew Emory Wife Daughter Son Son 9. 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. , ~ - '., '''~,r, -,~ ,'~," .'^~ ,c.""_,, '1 _ , ',_" ,L"_-~"",.;;",, ,,;~ - -,; 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 children or claims to have custody or visitation rights with respect to the children. 10, The best interest and permanent welfare of the children will be served by granting the relief requested because: A. It is hoped that the parties will be able to reach an agreement as to the schedule for the children, which can be memorialized into a court order as the result of this action, 11. 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. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to grant shared legal custody with primary physical custody of the children to the Plaintiff, Karin Simpson Gutshall, and partial custody to the Defendant, Charles E. Gutshall. Respectfully submitted, DAL LAW OFFICES K Ween Carey Daley, E guir Attorney No. 30078 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Plaintiff .-. ~--.~"'~ '" ,-,- ~ .. " .c_ ~ -"'--:-:;"'01 VERlFICA nON I veritY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: o!u h , By ~~~ KARIN SIMPSON S L ~" .........~""~ ~. ,~" KARIN SIMPSON GUTSHALL, Plaintiff _I l_ 'J ~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5956 CIVIL CHARLES E. GUTSHALL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW DIVORCE COMPLAINT To the Prothonotary: Please withdraw the above captioned divorce, equitable distribution, alimony, and alimony pendente lite, counsel fees, costs and expenses at this time. DALEY LAW OFFICES By: Klf een Carey Daley, Es Attorney #30078 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Plaintiff "~. ,~. , ,'<" '--..- -. -",.'>--.' ---&- ."'..-~"" ",'~"-, .-"'",,-.,h. =_ """,- ,,' ,.. ,- KARIN SIMPSON GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION v, : NO. 00-5956 CHARLES E. GUTSHALL, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW CUSTODY COMPLAINT To the Prothonotary: Please withdraw the above-captioned custody complaint now filed before the Court, By: LAW OFFICES athleen Carey Daley, If. orney #30078 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff