Loading...
HomeMy WebLinkAbout01-0534LEONARD MASSARE, III, Plaintiff BOBBIE JO GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Leonard Massare, III, residing at 628 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Bobble Jo Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks partial physical custody of the following child: NAME PRESENT RESIDENCE D.O.B. Max/ssa B. Massare 245 Creekview Road 08-02-98 Newville, Pennsylvania The child was not bom out of wedlock. Gutshall, at 245 Creekview Road, Newville, NAME Bobbie Jo Gutshall (Mother) Stanley & Joan Gutshall (Maternal Grandparents) Kelly Gutshall (Maternal Aunt) Bobbie Jo Gutshall Kelly Gutshall RESIDENCE DATE 245 Creekview Road Newville, Pennsylvania 08/02/98 - 08/00 245 Creekview Road Newville, Pennsylvania 08/00 - Present 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: The mother of the child is Bobbie Jo Gutshall, currently residing at 245 Creek'view 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 Marissa B. Massare Daughter Kelly Gutshall Sister 6. Plaintiff has not participated as a party or wimess, 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. WHEREFORE, the Plaintiff, Leonard Massare, III, requests the court to grant partial physical custody of the minor child, Marissa B. Massare, to him. Date: JAMES, SMITH, DURKIN & CONNELLY LLP Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATIONError! Bookmark not defined. I verify that the statements made in this Pleading are tree and correct. 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. Leonard Massare, III, Plaintiffj LEONARD MASSARE, III PLAINTIFF V. BOBBIE JO GUTSHALL DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-534 CIVIL ACTION LAW 1N 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, Camp Hill, PA 17011 on the 6th day of March ,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 deffme 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 cunference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FORT HE COURT, By: /s/ Melissa P. Greevy, Esq. U'/ 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 LEONARD MASSARE, Ili, Plaintiff BOBBIE JO GUTSHAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-534 CIVIL ACTION - LAW 1N CUSTODY AFFIDAV/T OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN AND NOW, this~_day o~ ,2001, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. 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, Bobble Jo Gutshall, on February 13, 2001, by certified mail number 7099 3400 0004 7299 1783, return receipt requested, as evidenced by the remm receipt card attached hereto and made a part hereof. Sworn to and subscribed before me. this ~ dayo~ ,2001. ~/ Notary Public NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 ) Corr., Esquire ~ · Complete items 1, 2, and 3. Arso 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 mailpiece, or on the front if space permits. 1. Article Addressed to; ' ~ Is delivery address different from item 17 [~ Yes If YES, enter o~ellvery address below: ~No 3. Service Type ~Certified Mall r-I Mall Express [] Registered [] Return Receipt for Merchandise [] Insured Mail C3 C.O.D. 4. Restricted Delivery? (Extra Fee) ~'Yes 2. Article Number (Copy from service label),, PS Form 381 1, Ju~y 1~ Den~e~c Re~rn Receipt 102595-(X)-M-095~ LEONARD MASSARE, III, VS. BOBBLE JO GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-534 : : CIVIL ACTION - LAW Defendant : CUSTODY QRDER OF COURT AND NOW, this 2 g'/~ 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, Ill, 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 shaJl be required to share the same, or copies thereof, with the other parent within such reasonable 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: To commence March 17, 2001, on alternate weekends, Father shall have custody from Saturdays at Noon until Sunday at 5:00 p.m. 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. 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 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. 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. 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. 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. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A is from December 23rd through Noon on December 25t'. 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. No. 01-534 6. Transportation. The party who is receiving custody of the Child shall provide transportation at the beginning of their custodial period. Dist: BY THE COURT, John J. Connelly, Jr., Esquire, '134 Sipe Avenue, Hummelstown, PA 17036 Galen Waltz, Esquire, 28 S. Pitt Street, Carlisle, PA 17013 LEONARD MASSARE, III, VS. BOBBLE JO GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-534 : : CIVIL ACTION - LAW Defendant : 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, III, and his counsel, John J. Connelly, Jr., Esquire; the Mother, Bobble Jo Gutshall, and her counsel, Galen Waltz, Esquire. Date 3. The parties reached an agreement in the form of an Order as attached. Custody Conciliator