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HomeMy WebLinkAbout09-3996Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lrnaclayndzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHILO ANDREWS, Plaintiff V. ADAM GASSNER, Defendant CIVIL ACTION-LAW No. 63yq(o (In Custody) NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclayaldzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHILO ANDREWS, : Plaintiff CIVIL ACTION-LAW V. No, 0 4- 3 9 96 -r-t.?,? . ADAM GASSNER, (In Custody) Defendant COMPLAINT FOR CUSTODY AND NOW, this day of "Tu P, I , , 2009, comes Plaintiff, Shilo Andrews, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Complaint for Custody and in support thereof avers as follows: 1. Plaintiff, Shilo Andrews, an adult individual, who currently resides at 2804 Market Street, Apartment #3, Camp Hill, Pennsylvania 17011 and is the mother of one (1) minor child, namely, Griffin Zane Gassner, whose date of birth is March 4, 2008 (hereinafter referred to as the "Child"). 2. Defendant, Adam Gassner (hereinafter "Father"), an adult individual, who currently resides at 3228 North 4t' Street, Harrisburg, Pennsylvania 17110 and is the natural father of the Child. 3. Plaintiff seeks primary physical custody of the following child: Name Present Residence Age Griffin Zane Gassner 2804 Market Street, Apt #3 1 year Camp Hill, PA 17011 4. Since birth, the Child has resided with the following person(s) and at the following addresses: Mother Mother 5. 6. 255 Briggs Street, Apt 2E Harrisburg, PA 17102 2804 Market Street, Apt 3 Camp Hill, PA 17011 The Child was not born in wedlock. Mother has been the primary custodian of the Child. Birth- 12/19/2008 12/19/2008-Present 7. Mother has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 8. Mother does not know of any other person not a party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 9. Each parent whose parental rights to the Child have not been terminated and the persons who have physical custody of the Child have been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Child. 10. Mother desires that a parenting plan and custodial arrangement be memorialized as a Court Order granting her primary physical custody of the Child and granting Father periods of visitation. 11. The Child's best interests and permanent welfare will be best served by granting the relief requested because: a) Mother has been the primary custodian of the Child; and b) Mother has a strong bond with the Child; and C) Mother has taken an active interest in and has actively participated in the Child's life and activities; and d) Mother will provide the Child with a home with more than adequate moral, emotional and physical surroundings as required to meet his needs; and e) Mother continues to exercise parental duties and responsibilities and continues to enjoy the Child's love and affection; and f) Mother will foster a loving, meaningful relationship between Father and the Child. WHEREFORE, Plaintiff/Mother, Shilo Andrews, respectfully requests this Honorable Court grant the parties shared legal custody of the Child and grant Mother primary physical custody of the Child with periods of partial custody to Father. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: It [09 By: i dsay Gi M c ay, Esquire Supreme Co I.D. #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION I, Shilo Andrews, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Shilo Andrews, Plaintiff CF TARY 2OC9 J€,' 415 ph 1:21 # lips. so Po AT y Cu.w 338`7 w*jac,?as L SHILO ANDREWS W THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADAM GASSNER DEFF,NDANT 2009-3996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at--.- 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 23, 2009 at 10:30 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2099 .!„, 24 l i ? a , °©r woke ? ? Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay@dzmmp-law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHILO ANDREWS, Plaintiff CIVIL ACTION-LAW V. No. 2009-3996 ADAM GASSNER, (In Custody) Defendant AFFIDAVIT OF SERVICE I, Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 6th day of July, 2009, I did serve upon Adam Gassner, Defendant in the foregoing case, a true and correct certified copy of the June 15, 2009 Custody Complaint, the June 23, 2009 Custody Conciliation scheduling Order and the June 26, 2009 Amended Custody Conciliation scheduling Order by sending a copy of same to Adam Gassner via certified mail, restricted delivery, return receipt requested and via regular United States mail, to 3228 North 4th Street, Harrisburg, PA 17110. A copy of the Return Receipt is attached hereto as Exhibit "A". Sworn to and subscribed before me this day of M -\-i , 2009 NOTARIAL SSAL ! PATRICIA A. PATTON, Notary Pubk Low Palm Up., ©auplun Canty My Canmission Expaes June 20, 2010 DALEY ZUCKER MEILTON INER & GINGRic , LLC By: AA P41 1*1A n say Gin c a y, squire ttorney I.D. c .8795 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) rl E M Postage ra O Certified Fee O C3 Return Receipt Fee (Endorsement Required) 0 ? Restricted De":ry Fee (Endorsement Required) ni C3 S" To Y a?rn C ------ eef APE No.; 3b 7 ----- - N . or PO Box No. .. ?y 0 f? -1? . 224(-") r r^1 t ¦ Complete Remy 1, 2, and 3. Aldo complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so the we can return the card to you. ¦ Mach this card to the hack of the mailpleoe„ or on the front M space permRs 1. Ark% Addressed to: MY. Adam 605Shc,+' 322a N 6v ?-h Sfirl ??sbWr , p? 1?11? RESTRICTED DELIVERY Signature A. X B. by (Pdntad 06) C. Deft of D* My D. 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