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LEONARD MASSARE, ill,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA.
v.
NO. 01- SJ'f
CIVIL ACTION - LAW
IN CUSTODY
c,'u:lY~
BOBBIE 10 GUTSHALL,
Defendant
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the
parties and their respective counsel appear before,
, Esquire, the Conciliator, on the _ day of
2001, at
_.M., at
Pennsylvania, 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 the
entry of a temporary or permanent Order. Notification to the Defendant by the Prothonotary's
Office is waived.
For the Court,
Date of Order:
By
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT HA VB 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, P A 17013
(717) 249-3166
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LEONARD MASSARE, ill,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA.
v.
: NO.
BOBBIE 10 GUTSHALL,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
You, Bobbie Jo Gutshall, Defendant, have been sued in Court to obtain custody, partial
custody or visitation of the child: Marissa B. Massare.
You are ordered to appear in person at the Cumberland County Court House, One
Courthouse Square, Carlisle, Pennsylvania, on the day of , 2001 at
o'clock .m.
You are further ordered to bring with you the child: Marissa B. Massare.
If you fail to appear as provided by this Order or to bring the child, 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 FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
BY THE COURT:
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LEONARD MASSARE, ill,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V AN1A.
: NO. 6i- ::t3'f' ~ T~
: CNIL ACTION - LAW
: IN CUSTODY
BOBBIE 10 GUTSHALL,
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is Leonard Massare, ill, residing at 628 Allenview Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant is Bobbie Jo Gutshall, at 245 Creekview Road, Newville,
Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks partial physical custody of the following child:
NAME
PRESENT RESIDENCE
D.O.B.
Marissa B. Massare
245 Creekview Road
Newville, Pennsylvania
08-02-98
The child was not born out of wedlock.
The child is presently in the custody of Bobbie Jo Gutshall who resides at 245 Creekview
Road, Newville, Pennsylvania.
Since birth, the child has resided with the following persons and at the following addresses:
NAME
RESIDENCE
DATE
Bobbie Jo Gutshall (Mother)
Stanley & Joan Gutshall
(Maternal Grandparents)
Kelly Gutshall (Maternal Aunt)
245 Creekview Road
Newville, Pennsylvania
08/02/98 - 08/00
Bobbie Jo Gutshall
Kelly Gutshall
245 Creekview Road
Newville, Pennsylvania
08/00 - Present
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The mother of the child is Bobbie Jo Gutshall, currently residing at 245 Creekview
Road, Newville, Pennsylvania. She is single.
The father of the child is Leonard Massare, III, currently residing at 628 Allenview Drive,
Mechanicsburg, Pennsylvania. He is single.
4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently
resides with no other person.
5. The relationship of Defendant to the child is that of mother. The Defendant
currently resides with the following person/persons:
NAME
RELATIONSHIP
Daughter
Marissa B. Massare
Kelly Gutshall Sister
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court. Plaintiff does not know of a
person not a party to the proceedings who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested.
8. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has been named as parties to this
action.
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WHEREFORE, the Plaintiff, Leonard Massare, ill, requests the court to grant partial
physical custody of the minor child, Marissa B. Massare, to him.
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: 0/- (}.J.j-O/
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VERlFICATIONError! Bookmark not defined.
I verify that the statements made in this Pleading are true and correct. 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: .)I~Z.3~O)
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Leonard Massare, , Plamtiff
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LEONARD MASSARE, III
PLAINTIFF
V.
BOBBIE JO GUTSHALL
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-534
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 31ST day of January, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliat
at 214 Senate Avenue, Suite 105,CampHiIl,PA 17011 on the 6th day of Mareh ,2001, at 1:00 p.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
Melissa P. Greevy. Esq.tIJ
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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F!LI:D-O~F\CE
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CLJMBthU\ND COUNTY
PENNSYLVANIA
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LEONARD MASSARE, III,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-534
BOBBIE 10 GUTSHAL,
Defendant
: CNIL ACTION - LAW
: IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF DAUPHIN
AND NOW, this~~JJ...sray o~J IJ ~ ,2001, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John 1. Connelly, Jr., Esquire,
who, being duly sworn according to law, deposes and says that a Custody Complaint and Order of
Court scheduling the Custody Conference for March 14, 2001, at 1 :00 p.m was served on the
Defendant, Bobbie Jo Gutshall, on February 13,2001, by certified mail munber 709934000004
7299 1783, return receipt requested, as evidenced by the return receipt card attached hereto and
made a part hereof.
Sworn to and subscribed
before me this rM a
day o~1Lt1Jr.f ,2001.
9111)JJ4~
Notary Publ
NOTARIAL SEAL
Jean L. Kosier, Notary Public
City of Hummelslown,County of Dauphin
My Commission Expires Feb. 9, 2004
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item 4 if Restricted Delivery is desired.
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or on the front if space permits.
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LEONARD MASSARE, III,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-534
BOBBIE JO GUTSHALL,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 2 t IL day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Leonard Massare, III, and Bobbie Jo Gutshall, shall
have shared legal custody of the minor Child, Marissa B. Massare, born August 2, 1998. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being including, but not limited to,
all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C.
S.~5309, each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school records, the residence address
of the Child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasoni'ible time as to make the records and information of
reasonable use to the other parent. Telephone communication between the parents regarding
the child in non-emergent situations shall occur prior to 10:00 p.m.
2. Physical Custody. Mother shall have primary physical custody. Father shall have
partial physical custody arranged as follows:
A. To commence March 17, 2001, on alternate weekends, Father shall have
custody from Saturdays at Noon until Sunday at 5:00 p.m.
B. To commence May 26, 2001, Father's weekend custody shall be
extended and shall run from Saturdays at Noon until Monday after Mother
gets off work at approximately 2:00 p.m.
C. Upon reasonable notice to Mother, Father shall be entitled to additional
periods of partial custody during the weekdays as agreed by the parties.
3. Vacation. Each party shall be entitled to up to ten days of vacation each year, to be
taken in segments of no more than four consecutive nights, unless otherwise agreed. The
parties shall endeavor to provide each other with at least a 30-day written notice of their
vacation plans. In the event that the parties have scheduled conflicting vacation
arrangements, the party first providing written notice shall prevail for the vacation. For the
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No. 01-534
vacation period, the parties shall provide each other with the telephone number and address
where they can be reached during the vacation. The parties contemplate that as the Child is
older and more able to tolerate separation from her parents that the number of overnights and
the length of the vacation period will expand.
4. Holidays.
A. The parties shall alternate the following holidays: Easter, Memorial Day,
Independence Day, Labor Day, New Year's Eve and New Year's Day.
Mother shall have Easter 2001. Therefore, Father shall return the Child to
Mother's custody by 8:00 a.m. on Easter morning. Father shall have the
Memorial Day weekend in 2001 and shall return the Child by 6:30 p.m. on
May 28, 2001. New Year's Eve and New Year's Day shall be shared as
the parties may agree.
B. Thanksgiving. The Thanksgiving holiday shall be defined from
Wednesday until Friday, with the pickup and departure times to be agreed
upon by the parties. In odd-numbered years Mother shall have
Thanksgiving and in even-numbered years Father shall have
Thanksgiving.
C. Mother's Day/Father's Day. Mother shall have custody on Mother's Day
and Father shall have custody on Father's Day, at such times as the
parties may agree.
D. Christmas. Christmas shall be divided into two segments, Segment A and
Segment B. Segment A is from December 23'd through Noon on
December 25th. Segment B is December 25th at Noon through December
27th. In even-numbered years Mother shall have Segment A and Father
shall have Segment B. In odd-numbered years Father shall have
Segment A and Mother shall have Segment B. The parents shall agree
upon a halfway meeting point for the Christmas Day exchange. The
parties shall also agree on the pickup time for Segment A and the return
time for Segment B.
5. The Child shall not be in the presence of cigarette or cigar smoke. During any
period of custody Father shall be abstinent from the use of alcohol. Similarly, during any
period of custody or visitation the parties to this Order shall assure, to the extent possible, that
household members and/or household guests shall not be consuming alcoholic beverages to
the point of intoxication. The parties to this Order shall ensure that any person operating a
motor vehicle in which the Child is transported shall not have consumed alcohol prior to
transporting the Child.
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No. 01-534
6. Transportation. The party who is receiving custody of the Child shall provide
transportation at the beginning of their custodial period.
BY THE COURT,
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Dis!: John J. Connelly, Jr., Esquire, 134 Sipe Avenue, Hummelstown, PA 17036
Galen Waltz, Esquire, 28 S. Pitt Street, Carlisle, PA 17013
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LEONARD MASSARE, III,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-534
BOBBIE JO GUTSHALL,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Marissa B. Massare
August 2,1998
Mother
2. A Custody Conciliation Conference was held on March 14, 2001, with the following
individuals in attendance: the Father, Leonard Massare, Ill, and his counsel, John J. Connelly,
Jr., Esquire; the Mother, Bobbie Jo Gutshall, and her counsel, Galen Waltz, Esquire.
3. The parties reached an agreement in the form of an Order as attached.
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Date Melissa Peel Greevy, Esquire
Custody Conciliator