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HomeMy WebLinkAbout03-3351L1NDA S. MOSER Plaintiff CHASAITY MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NUMBER: 03- ..~/ CML TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Thc Plaintiffis LINDA A. MOSER, residing at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania, 17240. 2. The Defendant is CHASAITY MOSER, residing at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff`seeks Custody of the following child: Jace L. Moser, bom May 22, 2000. The child was bom out of wedlock. The child is presently in the custody of the maternal grandmother, Linda S. Moser, who resides as 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. Since birth, the child has resided primarly with the maternal grandmother at 1260 Three Square Hollow Road, Newburg, Pennsylvania. From time to time Mother Chasaity Moser has resided at 1260 Three Square Hollow Road, Newburg, Pennsylvania; however, the grandmother, Linda S. Moser has provided the primary care and nurturing of the child The mother of the child is Chasaity Moser, currently residing at 1260 Three Square Hollow Road, Newburg, Pennsylvania. She is single. The father of the child is Alan D. Gutshall, Jr., currently residing in Shippensburg, Pennsyylvania. He is single. 4. The relationship of Plaintiff`to the child is that of maternal grandmother. The Plaintiff currently resides with the following person(s): Gary Pinckney. 5. The relationship of Defendant to the child is that of natural mother. 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child(ran) in this or another Court. The Court, term, and number, and its relationship to this action is: Plaintiff has no information of a custody proceeding concerning the child(ren) filed in a Court of this Commonwealth. The Court, term, and number, and its relationship to this action is: Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: 7. The best interests and permanent welfare of the chid, will be served by granting the relief requested because the Plaintiffgrandmother has always provided for the needs of the child both physical and emotional. The parties have stipulated and agreed to the requested order. The father has signed an agreement terminating his fights. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant Custody of the child to Linde S. Moser subject to reasonable rights of visitation and partial custody in the Mother as stated in the Order.. Respectfully submitted, Sally J. W~gtter, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in this compla'mt are true and correct to the best of my personal knowledge and belief. 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: LINDA MOSER L1NDA S. MOSER Plaintiff VS. CHASAITY MOSER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION- LAW : : NUMBER: 03- CIVIL TERM : IN CUSTODY STIPULATION FOR CUSTODY ORDER Comes now, the Plaintiff. Linda S. Moser, by and through her counsel, Sally J. Winder, and does request this Honorable Court to enter an Order of Court based upon the following: 1. Plaintiff is Linda S. Moser residing at, and whose mailing address is 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. Defendant is Casaity Moser, currently residing at 1260 Three Square Hollow Road, Newburg, Pennsylvania. Defendant is the naturak Mother of a minor child, Jace L. Moser? bom May 22, 2000. 3. The chil& Jace L. Moser. currently resides at 1260 Three Square Hollow Road, Newburg, Peimsylvania, and has resided there under the care and control of her maternal grandmother, the Plaintiff, Linda S. Moser. since July 3, 2000. 4. In July 2000, the father of the child agreed to termination of his parental rights as evidenced by the documents attached as Exihibit "A" and the Mother, Chasaity Moser. signed a Temporary Custody Agreement a copy of which is marked Exhibit "B" attached hereto. 5. The parties agree and acknowledge that the child. Jace L. Moser. has been in the primary custody and control of Linda S. Moser since July 3, 2000, and that she has provided for the nurturing and well-being of the child and that Jace L. Moser has always resided with Linda S. Moser, despite, Defendant, Chasaity Moser, residing at other places and with other persons since July 3, 2000. 6. The parties agree and acknowledge that it is in the child's best interest and for her welfare that Linda S. Moser be awarded primary physical and residential custody of Jace L. Moser. 7. Plaintiff has nor participated as a party or a witness or in another capacity, in other litigation concerning the custody of the child in this or another Court,. Plaintiff has no information of any other custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of any person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The parties request that an Order of Court confirming custody of Jace L. Moser in Linda S. Moser be entered without the necessity of their presence in court. 9. The Plaintiff and Defendant have verified this Complaint and the Defendant stipulates and agrees that the Court enter an Order awarding custody to Linda S. Moser. WHEREFORE, the parties request this Honorable Court enter an Order confirming primary physical and redidential custody of Jace L. Moser in Linda S. Moser. Respectfully submitted. er. Esquire Attorney for Plaintiff 9974 Molly Pitcher Highway Shippensburg, PA 17257 VERIFICATION I verify that the statements made in this Stipulation for Custody Order are true and correct to the best of my personal knowledge and belief. I further acknowledge that the child is in the physical control and care of Linda S. Moser and I join in the request that the Court enter on Order confirming this Custody of Jace L. Moser. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: LINDA S. MOSER VERIFICATION I verify that the statements made in this Stipulation for Custody Order are tree and correct to the best of my personal knowledge and belief. I further acknowledge that the child is in the physical control and care of Linda S. Moser and I join in the request that the Court emer on Order confirming this Custody of Jace L. Moser. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. LINDA S, MOSER, ¥S Plaintiff CHASAITY MOSER, and A!,AN D. GUTSHALL, JR. Defendants IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA : : FRANKLIN COUNTY BRANCH : : NO. 2000- : : IN CUSTODY TERMINATION OF PARENTAL RIGHTS COME NOW, the Plaintiff, LINDA S. MOSER, by and through her counsel, Sally ~I. Winder, Esquke, and does represent as follows: 1, Plainfiffin this matter is LINDA S, MOSER residing at, and whose mailing address is 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendant is CHASA1TY MOSER, currently having a mailing address at 1260 Three Square Hollow Road, Newbur$, Cumberland County, Pennsylvania. The Defendant ALAN D. GUTSHALL, JR. currently resides at, and has a mailing address of 409 Sunset Lane, Shippemburg, Pennsylvania. The Defendants are the natural parents of a minor daughter, Jace L. Moser, born May 22, 2000. 3. The child, JACE L. MOSER, bom May 22, 2000, is currently residing at 1260 Three Square Hollow Road, Newburg, Pennsylvania, under the care and control of 'her maternal grandmother, Linda S. Moser. 4. The Defendant, Alan D. Gutshall, Jr. desires to terminate his relationship with the child and to forever give up and relinquish any and all parental fights with respect to the child, Jace L. Moser. The father, Alan D. Gutshall, Jr., acknowledges that he is over the age of 18 years and that he knows and intends that upon signing of this termination of parental rights he will no longer have any rights concerning custody, partial custody, or visitation and that his consent for any further actions concerning custody or adoption of this child is not necessary. He further acknowledges that he may not revoke this termination once any action is taken by any court with respect to, or affecting, the child's fights in reliance upon this termination, including the termination of the child support action filed against him by Chasalty Moser, in the Domestic Relations Office of Franklin County, Pennsylvania. 5. The Defendant, Chasaity Moser does agree to terminate her child support claim filed in the Court of Common Pleas through the Domestic Relations Office of Franldin County, Pennsylvania, upon signing of this termination by Defendant Alan D. Gutshall, Jr. and forever discharge and relinquish any claim against Alan D. Gutshall, Jr. for payment of child support or enforcement of any other parental obligations or duties owing to Jace L. Moser by way o~'any parental relationship existing immediately prior to the execution of this termination by Alan D. G-utshail, Jr. 6. Defendant Alan D. Gutshail, Jr. further acknowledges that he has read and understood the contents of this document and that he is signing it as a free and voluntary act. 7. Plalntiffhas not participated as a party or a witness or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiffhas no information of anY other custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of any person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons named below who are known to have or claim a right to custody or visitation of the child have been 8iven notice of the pendency of this action and right to intervene. WI~EREFORE, Plaintiff and Defendants request the Court enter an Order of Court to terminate the parental rights of the father, Alan D. Gutshall, Jr. Respectfully submitted, der, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing TERMINATION OF PARENTAL RIGHTS are tree and correct to the best of my personal knowledge and belief. I have read the foregoing, understand it and acknowledge that I have signed it as my free and voluntary act. Further, I am requesting that all of my parental fights and obligations be forever terminated and reliquished with respect to the child, Jace L. Moser, born May 22, 2000. 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. ALAN D. GUTSHALL, TEMPORARY CUSTODY AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, CHASAITY MOSER, the natural parent of one minor child, JACE L. MOSER, bom May 22, 2000, hereby grant, give and set over custody of said JACE L. MOSER, to LINDA S. MOSER, of 1260 Three Square Hollow Road, Newburg, Pennsylvania, to exercise such custody while said child is in her care and control to the same extent and with the same rights, privileges, duties and responsibilities as would otherwise be vested in the above-named natural parent, CHASAITY MOSER, of the said JACE L. MOSER. Said duties and responsibilities to include but not be limited to provision of proper health and medical care, authorization of medical care including consent and authorization for all necessary, ordinary and extraordinary medical care provided by a physician, hospital, clinic, or other properly trained medical personnel. And further imposing upon LINDA S. MOSER aH of the responsibilities of proper supervision and care to secure the best interests and welfare of said minor child. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /~-day of JULY, 2000. (SEAL) ACKNOWLEDGMENT BE IT KNOWN that I, LINDA S. MOSER, of 1260 Three Square Hollow Road, Newburg, Pennsylvania, hereby acknowledge and accept custody of the above-named child, to exercise the same rights, privileges, duties and responsibilities as would otherwise be ~rested in the natural parent, Chasaity Moser. Wimess: LINDA S. MOSER (SEAL) LINDA S. MOSER V. CHASAITY MOSER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-3351 CIVIL TERM : : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 5TM day of AUGUST, 2003, it appearing that the natural father has not joined in the Stipulation for Custody Order, the request to enter an order in accordance with the stipulation is denied without prejudice. ~/~ally J. Winder, Esquire 9974 Molly Pitcher Hwy. Shippensburg, Pa. 17257 /,~hasaity Moser 1260 Three Square Hollow Road Newburg, pa. 17240 :sld Edward E. Guido, J. 0 -t55 VlNYA-IACJNN~,-j LINDA S. MOSER, Plaintiff CHASAITY MOSER, and ALAN D. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3351 : : CIVIL ACTION-LAW : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, comes the Plaintiff, Linda S. Moser, by and through her counsel, Lindsay D. Baird, Esquire, and requests this Honorable Court to enter an Order of Court based upon the following: Plaintiff is Linda S. Moser residing at, 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. Defendant is Chasaity Moser, currently residing at 1260 Three Square Hollow Road, Newburg, Pennsylvania. Defendant is the natural Mother of a minor child, Jace L. Moser, born May 22, 2000. The child, Jace L. Moser, currently resides at 1260 Three Square Hollow Road, Newburg, Pennsylvania, and has resided there under the care and control of her maternal grandmother, the Plaintiff, Linda S. Moser, since July 3, 2000. In July 2000, the father of the child agreed to the termination of his parental rights as evidenced by the document attached as Exhibit "A" and the Mother, Chasaity Moser, signed a Temporary Custody Agreement a copy of which is marked Exhibit "B" attached hereto. The parties agree and acknowledge that thE; child, Jace L. Moser, has been in the primary custody and control of Linda S. Moser since July 3, 2000, and that she has provided for the nurturing and well-being of the child and that Jace L. Moser has always resided with Linda S. Moser, despite, Defendant, Chasaity Moser, residing at other places and with other persons since July 3, 2000. The parties agree and acknowledge that it is in the child's best interest and for her welfare that Linda S. Moser be awarded legal and primary physical custody of Jace L. Moser. Plaintiff has not participated as a party or a 'witness or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff has no information of any other custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of any person not a party to llhe proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The parties request that an Order of Court confirming custody of Jace L. Moser in Linda S. Moser be entered without the necessity of their presence in court. The Plaintiff and Defendant have verified this Complaint and the Defendants stipulate and agree that the Court enter an Order awarding custody to Linda S. Moser. Father, Alan D. Gutshall, has executed a verification specifically joining in the request for the said custody order. WHEREFORE, the parties request this Honorable Court enter an Order confirming legal and primary physical custody of,lace L. Moser in Linda S. Moser. Respectfully submitted, , U ,~.i, ndsay Baird, Esquire D. Attorney for Plaintiff 37 South Hanover Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. 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: LINDA M[OSER VERIFICATION I verify that the statements made in this Stipulatie~n for Custody Order are tree and correct to the best of my personal knowledge and belief. I further acknowledge that the child is in the physical control and care of Linda S. Moser and I join in the request that the Court enter on Order confirming this Custody of Jace L. Moser. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904. relating to unswom falsification to authorities. CHASAITY MOSFJR VERIFICATION I verify that the statements made in the foregoing: Complaint for Custody and Stipulation for Custody Order are true and correct to the best of my personal knowledge and belief. I have read the foregoing, understand it and acknowledge that I have signed it as my free and voluntary act. Further, I am requesting that an order of Court be entered awarding primary physical and residential custody of Jace L. Moser to Linda S. Moser. I specifically join in the request of these documents asking for such a Court Order. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: ALAN D. GUTSHALL, ~ LINDA S. MOSER, YS Plaintiff CHASAITY MOSER, and ALAN D. GUTSHALL, JR. Defendants : IN ~ COURT OF COMMON PLEAS OF THE 39TIt JUDICIAL DISTRICT OF PENNSYLVANIA : FRANKLIN COUNTY BRANCH NO. 2000- : : IN CUSTODY TERMINATION OF PARENTAL RIGHTS COME NOW, the Plaintiff, LINDA S. MOSER, by and through her counsel, Sally J. Winder, Esquire, and does represent as follows: 1. Plaintiff in this matter is LINDA S. MOSER residing at, and whose mailing address is 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. 2. The Defendant is CHASAITY MOSER, currently having a mailing address at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania. The Defendant ALAN D, GUTSHALL, JR. currently resides at, and has a mailing address of 409 Sunset Lane, Shippensburg, Pennsylvania. The Defendants are the natm'al parents of a minor daughter, Jace L. Moser, bom May 22, 2000. 3. The child, JACE L. MOSER, bom May 22, 2000, is currently residing at 1260 Three Square Hollow Road, Newburg, Pennsylvania, under the care and control of her maternal grandmother, Linda S. Moser. 4. The Defendant, Alan D. Gutshall, Jr. desires to terminate his relationship with the child and to forever give up and relinquish any and all parental rights with respect to the child, Jace L. Moser. The father, Alan D. Gutshall, Jr., acknowledges that he is over the age of 18 years and that he knows and intends that upon signing of this termination of parental fights he will no longer have any rights concerning custody, partial custody, or visitation and that his consent for any further actions concerning custody or adoption of this child is not necessary. He further acknowledges that he may not revoke this termination once any action is taken by any court with respect to, or affecting, the child's rights in reliance upon this termination, including the termination of the child support action filed against him by Chasaity Moser, in the Domestic Relations Office of Franldin County, Pennsylvania. 5. The Defendant, Chasaity Moser does agree to lierminate her child support claim filed in the Court of Common Pleas through the Domestic R. elations Office of Franldin County, Pennsylvania, upon signing of this termination by Defendant Alan D. Gutshall, Jr. and forever discharge and relinquish any claim against Alan D. Gutst~all, Jr. for payment of child support or enforcement of any other parental obligations or duties owing to Jace L. Moser by way o'f any parental relationship existing immediately prior to the execution of this termination by Alan D. Gutshall, Jr. 6. Defendant Alan D. Gutshall, Jr. further acknowledges that he has read and understood the contents of this document and that he is signing it as a free and voluntary act. 7. Plaintiff has not participated as a party or a wiliness or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiffhas no information of any other custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiffdoes not know of any person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been n~med as parties to this action. All other persons named below who are known to have or claim a fight to custody or visitation of the child have been given notice of the pendency of this action and right to intervene. WIiEREFORE, Plaintiff and Defendants request the Court enter an Order of Court to terminate the parental rights of the father, Alan D. Gutshall, Jr. Respectfully submitted, J. x{!iad , Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing TERMINATI°N OF PARENTAL RIGHTS are true and correct to the best of my personal knowledge and belief. I have read the foregoing, understand it and acknowledge that I have signed it as my free and voluntary act. Further, I am requesting that all of my parental rights and obligations be forever terminated and reliquished with respect to the child, Jace L. Moser, bom May 22, 2000. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: UI- Io- o ALAN D. GuTsHALL, J~L TEMPORARY CUSTODY AGREEMENT KNOW ALL MEN BY T~SE PRESENTS, that I, CHASAITY MOSER, the natural parem of one minor child, JACE L. MOSER, born May 22, 2000, hereby grant, give and set over custody of said JACE L. MOSER, to LINDA S. MOSER, of 1260 Three Square Hollow Road, Newburg, Pennsylvania, to exercise such custody while said child is in her care and control to the same extent and with the same rights, privileges, duties and responsibilities as would otherwise be vested in the above-named natural parent, CHASAITY MOSER, of the said JACE L. MOSEK Said duties and responsibilities to inc]lude but not be limited to provision of proper health and medical care, authorization of medical care including consent and authorization for all necessary, ordinary and extraordinary medical care provided by a physician, hospital, clinic, or other properly trained medical personnel. And further imposing upon LINDA S. MOSER alii of the responsibilities of proper supe~,ision and care to secure the best interests and welfare of said minor ~hild. IN WITNESS WHEREOF, I have hereunto set r~ty hand and seal this /~ r'"-day of JULY, 2000. (SEAL) ACKNOWLEDGMENT BE IT KNOWN that I, LINDA S. MOSER, of 1260 Three Square Hollow Road, Newburg, Pennsylvania, hereby acknowledge and accept custody of the above-named child, to exercise the same rights, privileges, duties and responsibilities as would otherwise be vested in the natural parent, Chasaity Moser. Witness: (SEAL) LINDA S. MOSER LINDA S. MOSER, Plaintiff V. CHASAITY MOSER, and ALAN D. GUTSHALL, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3351 : : CIVIL ACTION-LAW · IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ day of July, 2004, upon ,consideration of the within Stipulation and Agreement it is ORDERED AND DIRECTED as follows: The Plaintiff, LINDA S. MOSER, shall have legal and primary physical custody of the child, JACE L. MOSER, born May 22, 2000. Cc: The Defendant, CHASAITY MOSER shall enjoy rights of partial custody and visitation at such times as the parties may mutually agree. Lindsay D. Baird, Esquire ~/ff/Is. Chasaity Moser