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HomeMy WebLinkAbout03-2626 BRANDY M. GOSSERT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : NO. 2003- ,;2"at~ CIVil.. TERM ROCKY E. GOSSERT, Defendant , : CNIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Brandy M. Gossert, an adult individual currently residing at 22 Town Mills, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Rocky E. Gossert, an adult individual Currently residing at 86 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff is the natural mother of the child, Damien Lee Gossert, born July 5, 1997. 4. The child was born out of wedlock. 5. For the past five years, the child has resided with the following persons at the following addresses for the following lengths of time: NAMF: Paternal Grandparents Paternal Grandparents AnnRRS'<;' 86 Chestnut Grove Road Shippensburg,PA DATRS Birth to present 6. The natural Mother of the child is the Plaintiff, who resides as foresaid. She is mamed. 7. The natural Father of the child is the Defendant, who resides as foresaid. He is mamed. 8. The relationship of the Defendant to the child is that of natural Father. The Defendant currently resides with his parents and the child at issue. 9. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with roommate, Donald Zeek.. 10. The Plaintiff has no infonnation of a custody proceeding Conceming the child pending in any Court of this Commonwealth. 11. The best interest and pennanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Brandy M. Gossert, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: MAY 2 9 2003 as . leh, Esquir . Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify 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. ~ 4904, relating to unsworn falsification to authorities. ~ Iv! ~~QS BRAND . GOSSERT, Plaintiff n c ~ s:: w 0 ~ .. ~ -r)i" - ;=: 9)(- ,- ." I'; (/j J ~- .. ~: '" >- \\ ~.:': ,.>--' ,1 .. .tt. , ....... t:) ~ -- '- -.. " "'" , Co ~ Vi V ",. " \ C BRANDY M. GOSSERT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-2626 CIVIL ACTION LAW ROCKY E. GOSSERT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thnrsday, JnIy 31, 2003 , the conciliator, 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. 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 pennanent order. The court hereby directs the parties to furuish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR TIm COURT. By: Isl Hubert X. GiZrQY. Esq. Custody Conciliator f~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of I 990. 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 . ~ ~7r ~~ 4r4p ['(/.cy.~ ~? .f-7 ~--/ '~1L- E"/? C'/ '7 /TJ5' ~?- /f/'~r ~71-'17 EO- C/o 9 IiIN,VI\lASNN::Jd ) il'JN" . ..., ,- \.- . ....... ,'..,.-""".... '". '_::J'~'J/ ~l h..J is:1 t:,,1d Z I i\IW SO Ab'VlU :l ::!D II , . Brandy M. Gosser!, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2003-2626 CNIL TERM Rocky E. Gossert, Defendant : CNIL ACTION - CUSTODY PETITION FOR JOINDER OF PARTIES Pursuant to Pa.R.C.p rule 1915.6(b) the Petitioners, through their Attorney Galen R. Waltz, aver the following: 1. On or about June 4th, 2003 a Compliant For Custody was filed on behalf of Brandy M. Gossert, Plaintiff, by her Attorney Thomas S. Diehl, Esquire. 2. The above referenced Complaint for Custody named Rocky E. Gossert as defendant. 3. The Compliant for Custody at paragraph 12 indicated that the Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. 4. The Petitioners are Mr. & Mrs. Ronald and Hazel Shields who are adult individuals residing at 88 Chestnut Grove Road, Shippensburg, PAl 7256. 5. The Petitioners for Joinder have had care and custody of the child from birth to present as admitted by the Plaintiff, Brandy M. Gossert, in her Complaint for Custody at paragraph 5. 6. Subsequent to the filing of this Petition for Joinder, the Petitioners have filed a petition to intervene in the Compliant of Custody docketed at number 2003-2626. 7. The Petitioners claim custody and visitation right with respect to the child Damien Lee Gosser!, born July 5th, 1997. II - . WHEREFORE, the Petitioners respectfully request that this Honorable Court grant their Petition to be joined as a party in the Complaint for Custody filed at number 2003-2626 as it relates to the child, Damien Lee Gossert. Respectfully Submitted TURO LAW OFFICES Ce//0~ Date en R. Waltz, E 28 South Pitt St t Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioners . . VERIFICATION I verify that the statements made in the foregoing Petition For Joinder of Parties are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. t. -/9'-~ Date ~Q~V~~/ Ronald Shields &- /9' 03 Date M Tr' e~1 ~~h Hazel hields II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition For Joinder of Parties upon Thomas S. Diehl, Esquire, Brandy M. Gossert, and Rocky E. Gossert by depositing same in the United States Mail, first class, postage pre-paid on the /fr~. day of .:Jv.-x. , 2003, from Carlisle, Pennsylvania, addressed as follows: Thomas S. Diehl, Esquire Attorney For The Plaintiff 1 West High Street, Suite 208, P.O. 1290 Carlisle, P A 17013 Brandy M. Gossert 22 Town Mills Shippensburg, P A 17257 Rocky E. Gossert 88 Chestnut Grove Road Shippensburg, P A 17257 TURO LAW OFFICES ~-~ alen R. Waltz, Esqui 28 South Pitt Slree Carlisle, P A 17() 13 (717) 245-9688 Attorney for Petitioners o ~; tJ ~-,-' P) i. C /::' I;,:' ~;, ~~\ ~<~,' )--. :;::'1 ~< ,C"-) "'1 ". '.' (" " BRANDY M. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-2626 CIVIL TERM ROCKY E. GOSSERT, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 17th day of June 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Brandy M. Gossert, and states that he had cause to be mailed a certified copy of a Complaint for Custody to the Defendant, Rocky E. Gossert, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on June 12,2003. Respectfully submitted, Qf~ Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX ...D -- t-'OSlage .. <PV.v..o IT' ('- Certified Fee '" SOS!dllew Jno^ JOl JS!muap! anblu'n 'Ii . Jdlaoal 6U1I1BW 'Ii . :sap!MJd Hew pa!l!lJa3 .-'I CJ CJ CJ CJ I ::J ..... ~:;~~tfl~:::(f~::;~&~cZ! ::2 ci~.St"t..zPp//,/C'#Ql#v/&'. Y/I /7..7.r? Total SENDER CU^7PI E fl 1fW, Sf l T'( IN . 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 mail piece, or on the front if space permits. 1. Article Addressed to: .--'..'_U" o Agent ddressee 1"/ C. ~ate of peqvery -) /- D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No B. A eived lJy ( Ponte(} Name) DcKI{ d., ROCKY E. GOSSERT 86 CHESTNUT GROVE ROAD SHIPPENS~ 17257 3. Service ~ ~fl' DR Dins. 4. Restn " ,. , t-- 2. Articl. Number 7000 1670 0001 8796 3470 (Transfer from service IsbeI) '035 PS Form 3811 , August 2001 Domestic Return Receipt 102S9S-Q2-M'1Q35 ~""'-_.~-_. -.- ." t g C Ql <,;J ;?:: ,- -T"\ ~ ;:;;:;: 1 0:' ~ :'p:.1 1%0', z.~ r" .':')....t Zl) -' >(': """\ J J (1),,; ~,?) =?1 ?C": ~ :.::: i~~ ~ ZC \J:) 9, s>~ .. ~ ~ N -'> '- , I 0".... BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY ROCKY E. GOSSERT, Defendant NO. 2003-2626 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of June, 2003, upon consideration of Petitioners' Petition for Joinder of Parties, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY tvLUR , j/f Wesley Oler, ., J. Galen R. Waltz, Esq. 28 South Pitt Street Carlisle, P A 17013 Attorney for Petitioner Thomas S. Diehl I West High Street Suite 208, P.O. Box 1290 Carlisle,PAI7013 ~ ~ Attorney for Plaintiff 7.0/,03 Rockey E. Gossert 88 Chestnut Grove Road Shippensburg, P A 17257 Defendant Pro Se 0--, \I1f\I'1^lASNN:Jd . ,\)J\!rlC() nt.',,-,i:!::;81^ln::) (: \ :2 ~ld I - -mr 80 IU\o./I'O"..J"'L' ...' :1'..," ~o AU'i-L. ,~'~'l '. .........-d _<I J. :l 3Cli:l:'O--G=JIH 'JUL~J Brandy M. Gossert, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-2626 CIVIL TERM Rocky E. Gossert, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, _ l' J.. ?.S .-1~Jl' F T 1),2003 after consideration of Movants Motion to Make Ru'Ie Absolute and considering that the plaintiff and defendant have failed to show cause whether relief requested should not be granted within twenty (20) days of service, the Rule is hereby made absolute and the Movants Ronald Shields and Hazel Shields, are joined as parties to the Compliant for Custody filed at number 2003-2626 civil term. Tm~ aNltu i,y "ffeatea day uf ,2QO~. J. Date .. !'~~ ~''\~~ ,rS; C\",>::>O "',~..,. 'v1NVt17';SNN3d I n In.-.-, r" '-I '-"'wno '\.1.'''. 1'.....1,.. .,"':" 1,"1_'-1 ~. ,.. I", , 2S :6 !IV DE: 717r [0 lln'!"';'ij"! ,. :.' :,,, :10 I\Or-!..,-"."__,, .1..'_'.j:~1 o.'j"ll 3J/.i~()--(j37i:1 AUO U 5 2003 rif BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant v NO. 2003 - 2626 CIVIL RONALD SffiELDS and HAZEL SffiELDS, Intervenors IN CUSTODY COURT ORDER AND NOW, this .2..lt.- day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Rule to Show Cause issued in this case is made absolute upon Agreement of the parties and it is directed that Ronald Shields and Hazel Shields are added as parties to the above captioned action. 2. The Father, Rocky E. Gossert, the Mother, Brandy M. Gossert, and the Paternal Grandparents, Ronald Shields and Hazel Shields, shall enjoy shared legal custody of Damien Lee Gossert, born July 5, 1997. 3. The Paternal Grandparents shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody with the minor child pursuant to a schedule worked out with the Paternal Grandparents. 5. The Mother shall enjoy temporary physical custody of the minor child as follows: A. On two (2) evenings per week from 4:00 p.m. until 8:00 p.m., the nights to be arranged between the parties. ,{ I', '()~~~/l~{sty^,:Jd ., \ " . ..'.. "":cPlm,') L I :f I/J 8- 31/V [;0 ),!:J""" \.. {/..::~..., "'" ',- I' ~',..\, : :::>'_,i:l .-,itL :10 ::Iv:-:" '~n:1'-I -~.... ./ j..,~, B. When Mother's work schedule is such that she is available on the weekends, Mother shall also enjoy temporary custody on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. If Mother is only off work for one day during a weekend, the parties shall work out an arrangement whereby the Mother has temporary custody for at least part of the weekend. C. At such other times as agreed by the parties. 6. Mother shall also have the opportunity to exercise vacation with the minor child during the summer months for a period of two (2) weeks. Mother shall advise the Paternal Grandparents at least thirty (30) days in advance as to when she will exercise vacation. 7. When Mother exercises overnight custody with the minor child, overnight guests at the home shall be limited to the Mother, her current roommate and the minor child. BY THE COURT~.oiL/ /' , I / ' " J. r. cc: Thomas S. Diehl, Esquire \ Galen R. Waltz, Esquire , Rocky E. Gossert 88 Chestnut Grove Road Shippensburg, P A 17257 I . ~ P'"I/-03 ~ ---- . L;~. BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION . LAW ROCKY E. GOSSERT, Defendant v NO. 2003 - 2626 CIVIL RONALD SIDELDS and HAZEL SIDELDS, Intervenors IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Damien Lee Gossert, born July 5, 1997. 2. A Conciliation Conference was held on July 31, 2003, with the following individuals in attendance: The Mother, Brandy M. Gossert, with her counsel, Thomas S. Diehl, Esquire; and the Father, Rocky E. Gossert, who appeared without counsel; and the Paternal Grandparents, Ronald Shields and Hazel Shields with their counsel, Galen R. Waltz, Esquire. 3. The parties agree to the entry of an order in the form as attached. 'l11(03 DATE fltJ Hubert X. Gilro , Esquire Custody 7ator BRANDY M. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant : NO. 2003-2626 CIVIL TERM v. RONALD SHIELDS and HAZEL SHIELDS, Intervenors : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. r.l -~~v'O,,( Date: Respectfully submitted, aM Thomas S. Diehl, Esquire I West High Street P.O. Box 1290 Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: 1/1 b ! i. 11 !ffie, Esquire F & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 o c; ...., c::: = ....- ::E: --, :;0 o -n :::-3 j.-n rnp -;11'1=1 ~'iJ7 SC:.'l ~~ ~r 1'.) '- f'o.) -J BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant vs. : NO. 2003-2626 CIVIL TERM RONALD SHIELDS and HAZEL SHIELDS, Intervenors : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Brandy M. Gossert, by and through her counsel ofrecord, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: I. Your Petitioner is the above-named Plaintiff, Brandy M. Gossert, an adult individual currently residing at 43 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent, Rocky E. Gossert, is the above-named Defendant and an adult individual currently residing at 88 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. 3. Your Respondents, Ronald Shields and Hazel Shields, are the above-named Intervenors and adult individuals currently residing at 88 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania. 4. Petitioner and Respondent, Rocky E. Gossert, are the natural parents of one child, Damien Lee Gossert, bom July 5, 1997. 5. The child was born out of wedlock. 6. Respondents, Ronald Shields and Hazel Shields, ar,e the paternal grandparents of the child. 7. The parties are subject to an Order of Court dated August 8, 2003, which is attached hereto and incorporated herein by reference as Exhibit "A," with respect to custody of the child. 8. Since the entry of the aforementioned Order, the Respondents, Ronald Shields and Hazel Shields, have failed to provide for the best nef,ds of the child with respect to his care. 9. Petitioner can provide better guidance for the child and provide better for the child's basic needs. 10. The child has encountered various difficulties and i1t is in the child's best interest to engage in counseling to assist him with the various difficulties that are adversely affecting his life at this time. II. Despite repeated and ongoing requests by Petitioner for Respondents, Ronald Shields and Hazel Shields, to cooperate in the scheduling of and participation in counseling for the child, they have failed and refused to do so. 12. Petitioner has an appropriate residence and can provide for the best interest and permanent welfare of the child by having primary physical custody placed in her. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Custody Order in this matter and provide Petitioner with primary physical custody of her son. Respectfully submitted, ri Ie, Esquire y for etitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 0-/0- OS ~ /)1J ~ od---, BRA M. GOSSERT, Petitioner/Plaintiff rn--p---, ,'C p ~ ' . J': "'. i' I.... :' '..... .." .' ...., .,GlI . 1'/'1 ; , I MAY I 2 2004 ' j j l"--I r ~ .-;.. .." i . . " . l '-..._~...:-, ~ AUG U 5 200"3 \y BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant v NO. 2003 - 2626 CIVIL RONALD SHIELDS and HAZEL SHIELDS, Intervenors IN CUSTODY COURT ORDER AND NOW, this f~ day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Rule to Show Cause issued in this case is made absolute upon Agreement of the parties and it is directed that Ronald Shields and Hazel Shields are added as parties to the above captioned action. 2. The Father, Rocky E. Gossert, the Mother, Brandy M. Gossert, and the Paternal Grandparents, Ronald Shields and H:~zel Shields, shall enjoy shared legal custody of Damien Lee Gossert, born July 5, 1997. 3. The Paternal Grandparents shall enjoy primary physical custody of the minor child. 4. The Father shaH enjoy periods of temporary physical custody with the minor child pursuant to a schedule worked out with the Paternal Grandparents. 5. The Mother shaH enjoy temporary physical mstody of the minor child as foHows: A. On two (2) evenings per week from 4:00 p.m. until 8:00 p.m., the nights to be arranged between the parties. EXHIBIT I V.At( AII~ 1 I) 'Inn') B. When Mother's work schedule is such that she is available on the weekends, Mother shall also enjoy temporary custody on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. If Mother is only off work for one day during a weekend, the parties shall work out an arrangement whereby the Mother has temporary custody for at least part of the weekend. C. At such other times as agreed by the parties. 6. Mother shall also have the opportunity to exercise vacation with the minor child during the summer months for a period of two (2) weeks. Mother shall advise the Paternal Grandparents at least thirty (30) days in advance as to when she will exercise vacation. 7. When Mother exercises overnight custody with the minor child, overnight guests at the home shall be limited to the Mother, her current roommate and the minor child. BY THE COURT., Is Iwq. W.Ldr tflb Cf. J. esley Oler, Jr. J. cc: Thomas S. Diehl, Esquire Galen R. Waltz, Esquire Rocky E. Gossert 88 Chestnut Grove Road Shippensburg, P A 17257 TRUE COPY FROM RECORD In T llstirnony whereof. I here unto set my hand an~ the ~!' of said Court at Cirllsle. PI. Thls+:Jay ~nmL .;L~ . _;:;..../1Lyu- () . 4ui' Prothonotarv BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant v 1'10.2003 - 2626 CIVIL RONALD SHIELDS and HAZEL SHIELDS, Intervenors IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Damien Lee Gossert, born July 5,1997. 2. A Conciliation Conference was held on July 31, 2003" with the following individuals in attendance: The Mother, Brandy M. Gossert, with her counsel, Thomas S. Diehl, Esquire; and the Father, Rocky E. Gossert, who appeared without counsel; and the Paternal Grandparents, Ronald Shields and Hazel Shields with their counsel, Galen R. Waltz, Esquire. 3. The parties agree to the entry of an order in the form as attached. 1(t(03 DATE alJ~ Hubert X. Gilro , Esquire Custody Con . Iato:r (") ~ l..'t; [p( ,,".: ,or: .<er' (.0. . 'k> ;::;'" /'""'.. .r- \.....> '"'-^ ):";" O "" zj-' ~ ~. ('~ ? ~ ~g..- \A' D* ~~ ~J ~ D D~ ;It> ~ (\) ....., (;~:j <.c" ...- o 'T1 or' fT!;Q 55~ g~" /, ;i~ ::;J'n ~: -p -< ::F: :t,;.'. -< w -,- --'':.'~ ~- '":":? N . BRANDYM. GaSSERT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2626 CIVIL ACTION LAW ROCKY E, GaSSERT V. RONALD SHIELDS AND HAZEL SHIELDS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 11, 2004 at 8:30 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 pdor to scheduled hearing. FOR TIlE COURT, By: Isl Hubert X. (",..ilroy, Esq. Custody Conciliator mhc 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 eourt. You must attend the scheduled eonference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl 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 , '~~"n6 ---~~ @~"?~~~ ~~~~~'/V .he? Ot':>, ,Ao. OC-.f' _-h(l. oe;..> _, .~,i":-~:/'~n8 I 1"(,,'," .,' /uJ"-' ,~ '" 02 ),\'H ~UOl SS:;7, r,CJ " ,,\.,' ::JH1:l0 I ~J'd: U\\(Ji'1il-../(J':;1 \ N:)... --;"1.l-l0-Cb ,\:. :!'j""'~' BRANDY M. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant vs. : NO. 2003-2626 CIVIL TERM RONALD SHIELDS and HAZEL SHIELDS, Intervenors : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this I ~ day of June, 2004, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Brandy M. Gossert, and states 1hat a true and attested copy of a Petition for Modification of Custody was sent to Defendants, Ronald Shields and Hazel Shields, at 88 Chestnut Grove Road, Shippensburg, PA 17257, by certified mail, restricted delivery, retum receipt requested. A copy of said receipt is attached hereto indicating that service was made on May 28, 2004 'fi, squire ry for ain/iff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Sworn and subscrib.sd to before this ~ day o \ 2004 :7 U'1 U'1 II'" :7 II'" ..D :7 Postage $ Certified Fee llJ Return ReceIpt Fee C (Endorsement Required) C Restricted Delivery Fee o (Endorsement RequIred) ~ Total Postage & Fees $ U'1 t~ r'I m....,l5:!?.C>.C!-ld ~-e \c\~ ~2^,... 1\ - ...\ ,...., .,..,,, Apt. No.. or PO B...'Nn_-"h_~.._~."--."-- !!._.._~ w. _ <? ~ . . .. -........'...m.._ ~ .'._.'a;.;;o;.~~ub.u.L~f.:2l&-~,,-.._...._..._...... 172,') " ..., c.;:::) ~ L_ ~,~ ~- -.. :::=-I -'... I N o ." ~..,.., iolF rl' :gO 1~-:J, (~) J~2~ ':,..".~(J :;';:t;-n ~:::l -a ""~ --> .r.- ~"~2 BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW ROCKY E. GOSSERT, Defendant vs. : NO. 2003-2626 CIVIL TERM RONALD SHIELDS and HAZEL SHIELDS, Intervenors IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this q ~ day of June, 2004, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Brandy M. Gossert, and states that a true and attested copy of a Petition for Modification of Custody was sent to Defendant, Rocky E. Gossert, 88 Chestnut Grove Road, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on June 7, 2004. Sworn and subSCriiid to before m this 'h. day of 2004 .~ llOTARIAI. SEAl. el::J,I!llIlM,IIOTMYPUBUC BORG. CUIl8EIlIAIlD COUIl1Y ru Return Receipt Fee C (Endorsement Required) C C Certlfled Fee I"- ~ IrI IT" ~ IT" ..D ~ Restricted Delivery Fee (Endorsement Required) Total Postage & fees -c ~ Lj~' . () ("- (...) -..; '" c:.:> c.::;. ....- C, c:: o .] ---J T__. ft'Jr:;;! -1"'/1',-, -,'I CJ ~:.~;; (:.~ -.- ~r a C,.l , . , JUN 1 5 2fJfU 4- BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS and HAZEL SHIELDS, Defendant NO. 2003 - 2:626 IN CUSTODY COURT ORDER AND NOW, this ~ day of T, 6 ~ l... , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: I. The parties and the minor child shall undergo counseling with Pennsylvania Counseling Services in Carlisle. All parties shall ensure that they make themselves reasonably available for these counseling sessions, and shall ensure that they make the minor child available when th'e child is in their custody. 2. The parties and their attorneys shall meet with the Custody Conciliator for another custody conciliation conference on Thursday, August 5, 2004 at 10:30 a.m. at the Cumberland County Courthouse. At that conciliation conference, the Conciliator will review how the counseling is proceeding and, possibly, address providing the mother with some additional temporary custody for the remainder of the summer. 3. In all other respects, this Court's prior order of August 8, 2003 shall remain in affect. BY THE COURT, Jud cc: Jessica Diamondstone, Esquire Bradley L. Griffie, Esquire ~ ~, l. -Ji-O'f ~ ?\:; ri'>J 2~ LU.."/ O"';n -0 \t~ qq 00.. t.UC'-- :::::!UJ U-iE 1.1_ o Cf'o N ..... c;: CO C: '7 ~~~ ~,.):::( '~1 ~:J - -, f~;:: "1': '.OJ "-> o I"..::J "" JUN 1 5 2004 f BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS AND HAZEL SHIELDS, Defendant NO. 2003 - 2626 IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Damien Lee Gossert, born July 5, 1997. 2. A Conciliation Conference was held on June 11, 2004, with the following individuals in attendance: The mother, Brandy M. Gossert, with her counsel, Bradley L. Griffie, Esquire; and the father, Rocky E. Gossert, who appeared without counsel, and the paternal grandparents, Ronald and Hazel Shields, with their counsel, Jessica Diamondstone, Esquire. 3. The parties agree to the entry of an order in the form as attached. Ct/llt/O t{ DATE Hubert X. G' oy, Esquire Custody Conciliator JUN 1 5 2004 f" BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS AND HAZEL SHIELDS, Defendant NO. 2003 - 2626 IN CUSTODY Prior Jndge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Damien Lee Gossert, born July 5,1997. 2. A Conciliation Conference was held on June 11, 2004, with the following individuals in attendance: The mother, Brandy M. Gossert, with her counsel, Bradley L. Griffie, Esquire; and the father, Rocky E. Gossert, who appeared without counsel, and the paternal grandparents, Ronald and Hazel Shields, with their counsel, Jessica Diamondstone, Esquire. 3. The parties agree to the entry of an order in the form as attached. Y/! Clio V DATE .fAN 1 8 BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS AND HAZEL SHIELDS Defendant NO. 2003-2626 IN CUSTODY COURT ORDER AND NOW, this ! ilt day of January, 2005" upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. Pennsylvania Counseling Services and all Counselors affiliated with Pennsylvania Counseling Services are hereby authorized to provide to legal counsel for the parties in this case any all information relating to the services Pennsylvania Counseling Services is providing with respect to the minor child, Damian Lee Gossert, born July 5, 1997. This provision further authorizes any and all counselors or employees of Pennsylvania Counseling Services to meet with both attorneys for the parties to discuss their opinions or perspectives relative to the ongoing service that is being provided by Pennsylvania Counseling Services. 2. In all other respects, this Court's prior Order of August 8, 200 shall remain in effect. 3. In the event the attorneys for the parties desire to have another Conciliation Conference, the attorneys may contact the Custody Conciliator directly. BY THE COURT, . ,- 'i/~_ e J. Wesley Oler, Jr. /cC:~.Jessica Diamondstone, Esquire .> ....-1lradley L. Griffie, Esquire ,.s-, .:oJ' \::"" "',- ,-:.::) C,""; I"" \:.5 -'"') l-.,? C...l (.. . ,- , .Jtw j R ?f. BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUME:ERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS AND HAZEL SHIELDS Defendant NO. 2003-2626 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator met with the attorneys for the parties and, based upon that conference, the Conciliator recommends an Ordl)r in the fonn as attached: I (n( O~ DATE Hubert X. Gilroy, Esq. e Custody Conciliator . . . . BRANDY M. GOSSERT, Plaintiff ~ RECEIVED JUN 13 20OS(f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS AND HAZEL SHIELDS Defendant NO. 2003-2626 IN CUSTODY COURT ORDER I-L AND NOW, this ~ day of June, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 3~ day of ~, 2005 att.ZJ..iL.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the issues before the court, a summary of each party's position on these issues, a summary of the custody history in this case to date, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Courts prior Order of August 8, 2003 as supplemented by Order of January 19, 2005, shall remain in effect. BY THE COURT, ~u.d ~j 6(!7M- A.u CC~dley L. Griffie, Esquire v.kssica Diamondstone, Esquire C'\ . CP r:),/' \ ':Jri , "..' I 11\lnr~,'''' r" f\~lli, 1-..', ' "':.wn'" " ':, h.J 90 : II ~lV L I rmrsooz j..i:fv'lOMkl.iOtid 3Hl :l0 T;U:'(}-03lI:l . . . . BRANDY M. GOSSERT, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROCKY E. GOSSERT v RONALD SHIELDS AND HAZEL SHIELDS Defendant NO. 2003-2626 IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertBining to the child who is the subject of this litigation is as follows: Damien Lee Gossert, born Jnly 5, 1997. 2. A Conciliation Conference was held on June 2, 2005, with the following individuals in attendance: The mother, Brandy M. Gossert, with her counsel, Bradley L. Griffie, Esquire, and the father, Rocky E. Gossert, who appeared without counsel, and the paternal grandparents, Ronald Shields and Hazel Shields, who were represented by Jessica Diamondstone, Esquire. 3. There is an Order in place from August of 2003 that gives the paternal grandparents primary custody with the mother having alternating weekends and some evenings. The mother is now seeking primary custody. The grandparents are vigorously opposed to that suggestion. The parties met with the Conciliator this past January and an Order was issued in the hopes that Pennsylvania Counseling Services would be able to address the issues between the parties. Unfortunately, the counselor has . been unable to address these issues and, apparently, is unwilling to speak with legal counsel concerning any details on the case despite the Court Order authorizing such sharing of information. 4. The parties require a hearing, and the Conciliator recommends an Order in the form as attached. LR (Ql 6 ~ DATE Hubert X. Gilroy, Esq Custody Conciliator BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENSYL VANIA v. CIVIL ACTION - LAW ROCKEY E. GOSSERT, Defendant 2003-2626 CIVIL TERM v. : IN CUSTODY RONALD SHIELDS and HAZEL SHIELDS, Intervenors ORDER OF COURT AND NOW, this 4th day of October, 2005, upon consideration of Plaintiff's Petition for Modification of Custody with respect to Damien Lee Gossert (d.o.b. July 5, 1997), whose parents are Plaintiff Brandy M. Gossert and Defendant Rocky E. Gossert and whose paternal grandparents are Intervenors Ronald Shields and Hazel Shields, and based upon the court's conclusion as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties; 2. Primary physical custody of the child shall be in Plaintiff, the mother; 3. Temporary or partial physical custody of the child shall be in Intervenors at the following times: a. During the school year, (1) On alternating weekends from Friday at 4:00 p.m. until Sunday at 7:00 p.m.; provided, that on such weekends where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend to Monday at 7:00 p.m.; (2) During Christmas vacation from Christmas Day at 4:00 p.m. until two days prior to the resumption of school at 7:00 p.m.; and (3) On Thanksgiving Day from 2:00 p.m. until 7:00 p.m. (b) During the summer, for alternating two- week periods. 4. Pursuant to the request of Defendant, he shall have such periods of temporary or partial physical custody as the other parties choose to afford him during their custodial periods. 5. Responsibility for transportation with respect to exchanges of custody shall be that of the party receiving custody. 6. Plaintiff shall maintain her residence in a clean and sanitary condition. 7. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, J. 1 I \'r" 1\.1.:'.," ',-:/;j(::] 12 :2 !!d ti- 1JO SOul AtfVIG\!CH.lC~:d 3H1 :10 3:JU::O-{j]ll:J Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, P A 17013 For the Plaintiff Jessica Holst, Esquire 8 Irvine Row Carlisle, PA 17013 For the Intervenors Rockey E. Gossert, Pro Se 88 Chestnut Grove Road Shippensburg, P A 17257 BRANDY M. GaSSERT, Plaintiff v ROCKEY E. GaSSERT, Defendant v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-2626 CIVIL TERM RONALD SHIELDS and HAZEL SHIELDS, Intervenors IN CUSTODY IN RE: MOTION TO QUASH SUBPOENAS ORDER OF COURT AND NOW, this 3rd day of October, 2005, the subpoenas issued to Brian Andrews, Curtis Hull, and Vajaira Gonzalez are quashed pursuant to a request of Plaintiff's counsel, Bradley L. Griffie, Esquire. ~adley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 For the Plaintiff ~sica Holst, Esquire 8 Irvine Row Carlisle, PA 17013 For the Intervenors ~ckey E. Gossert, Pro Se 88 Chestnut Grove Road Shippensburg, PA 17257 By the Court, J. ~ :mae 0'\ t;; C0 "'""c'- l~'.' c ~~'f '.'-:-\,:.,0' (:)(-- ) t:,'::. \,,';"J\{J__ :;dUJ "Lt--,- F- ~ - D- -" I ,'- . > '6 a? ~ ;;:;. ':5 o - BRANDY M. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. v CIVIL ACTION - LAW ROCKEY E. GOSSERT, Defendant 2003-2626 CIVIL TERM v RONALD SHIELDS and HAZEL SHIELDS, Intervenors IN CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 3rd day of October, 2005, upon consideration of Plaintiff's Petition for Modification of Custody with respect to Damien Lee Gossert (date of birth July 5, 1997), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, j(radley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 For the Plaintiff ~ssica Holst, Esquire ~ 8 Irvine Row Carlisle, PA 17013 For the Intervenors vKOckey E. Gossert, Pro Se 88 Chestnut Grove Road Shippensburg, PA 17257 :mae -- ~f \- u~S--=;~ ~,"2(~.'c ~;~If;J:~ A..-:. 1::[.)e- ~.UJ u--~ F U- o C? ('~ -> I >- (,,) c:> ~ ,-' "",.~. 3 RECEIVED~ 2005 BRANDY M. GOSSERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03 - 2626 CIVIL TERM ROCKY E. GOSSERT, Defendant CUSTODY vs. RONALD and HAZEL SHIELDS Intervenors STIPULATION AND ORDER AND NOW, this ---&Jt day of 6 (;f , 2005, the following Order is entered by stipulation of counsel for the parties: I. At a custody hearing held on Monday, October 3, 2005, before Judge Oler, Intervenors presented five (5) photographs as evidence. 2. The photographs presented are the only originals Intervenors' have. 3. Neither Plaintiff nor Defendant offered an objection to the admission ofthe photocopied exhibits as part of the record. 4. The hearing on this matter is completed and the record is closed, therefore there is no prejudice to any party in returning the original photographs. 5. Neither counsel for Plaintiff nor Defendant Gossert object to this request. WHEREFORE, Intervenors request that the Court return the original photographs and accept photocopies for purposes of keeping the record complete. '. - 6110,:, ! ~ J ,.:::t O! u. Ce:] en] J i ...;..1;..... fILE No.479 10/06 '05 13:15 lD:I1PLS CARLISLE DFF1CE This Order is entered pursuant to the stipulation of cOllnsel: cr.. e, E r Plainti ff 200 North Hanover Street Curlisle, P A 17013 Jessica . D 01 Esquire Couns fOl'lntervenors 401 East Louther Street Carlisle, PA 17013 FAX: 7172438026 PAGE 3