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HomeMy WebLinkAbout02-0573PAGE M. KISSINGER, BRIAN GUTSHALL, Plaintiff : _. : : Defendant : _, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW- 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, including child custody, or child visitation. 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. COURT ADMINISTRATOR, FOURTH FLOOR Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 Document #: 222186.1 PAGE M. KISSINGER, Vo BRIAN GUTSHALL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION LAW- IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this ~ ~. day of January, 2002, comes the Plaintiff, Page M. Kissinger, by and through her Attorney, Melissa L. Van Eck, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.e., and files the within Complaint for Custody: 1. The Plaintiff is Page M. Kissinger, an adult individual currently residing at 117 E. King Street, Apt. 1, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Brian Gutshall, an adult individual whose current address is 202 S. Penn, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant are not married. 4. Plaintiff seeks primary physical custody of the minor children: Name Present Address D.O.B. Margaret Emily Gutshall 202 S. Penn 6/26/93 Shippensburg, PA Tyler John Gutshall 202 S. Penn 4/14/96 Shippensburg, PA Plaintiff and Defendant are the natural parents of the above mentioned minor children. The minor children were not bom out of wedlock. Document #: 187450.1 5. The minor children are presently in the custody of Defendant, Brian Gutshall, who resides at 202 S. Penn, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five (5) years, the minor children have resided with the following persons at the following addresses: Name Page Kissinger and Brian Gutshall Brian Gutshall Address 202 S. Penn Shippensburg, PA 202 S. Penn Shippensburg, PA Date 1996 to January 1999 January 1999 to present The father of the minor children is Defendant, who resides at 202 S. Penn, Shippensburg, Pennsylvania 17257. The mother of the minor children is Plaintiff, who resides at 117 E. King Street, Apt. 1, Shippensburg, Pennsylvania 17257. 6. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Self 7. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following persons: Nanle Margaret Emily Gutshall Tyler John Gutshall Relationship Daughter Son Document #: 187450.1 8. Plaintiff has not participated as a party or witness, or in any other capacity in any other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiffdoes not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation with respect to the minor children. Each parent whose parental rights to the minor children has not been temfinated and the person who has physical custody of the minor children has been named as parties to this action. 9. The best interest and pexmanent welfare of the minor children will be served by granting the relief requested because: a. Plaintiff, Page M. Kissinger, is in the best position, both financially and emotionally, to provide stability and custody for the minor child. b. Plaintiff is in the best position to provide a stable, responsible environment for the raising of the minor children. c. Plaintiff is more stable, more capable of providing the proper parental care, and can better provide for the physical and emotional needs of the minor children. Document #: 187450.1 WHEREFORE, the Plaintiff, Page M. Kissinger, requests the Court to grant her primary physical custody of the minor children. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa L.'Van Eck, Esquire Attorney I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: Document #: 187450.1 VERIFICATION I verify that the statements made in the foregoing COMPLAINT IN CUSTODY are tree 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. Date: \/'-a,o~l OD. Document ti: 187450. I CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of Complaint for Custody with reference to the foregoing action by certified mail, postage prepaid this -$ [ day of January, 2002, on the following: Brian K. Gutshall 202 S. Penn Shippensburg, PA 17257 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. January % / , 2002 Melissa L. Van Eck, Esquire Document #: 187450.1 PAGE M. KISSINGER : PLAINTIFF : : V. : 02-573 BRIAN GUTSHALL DEFENDANT : 1N CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, February 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 11, 2002 at 11:00 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 ora temporary or permanent order. The conrt 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/ Melissa P. Greevy. Esq. 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 heating 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 MAR 2 8 PAGE M. KISSINGER, Plaintiff V, BRIAN GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-573 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~II day of~'~j[ ,2002, upon consideration of the attached Custody Conciliation Summary Report, and the failure of either party nor counsel to appear at the Custody Conciliation Conference, Plaintiff's Complaint for Custody is DISMISSED. Dist: Melissa L. Van Eck, Esquire, 3211 N. Front Street, Harrisburg, PA 17110 ~,; ~-~' -'~' / ~i¢£'O'2-J/r~-~ Brian K. Gutshall, 202 S. Penn Street, Shippensburg, PA 17257 PAGE M. KISSINGER, Plaintiff V. BRIAN GUTSHALL, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-573 CIVIL TERM CIVIL ACTION - LAW IN 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 children who are the subject of this litigation is as follows: NAME Margaret Emily Gutshall Tyler John Gutshall DATE OF BIRTH June 26, 1993 April 14, 1996 CURRENTLYIN THE CUSTODY OF Unknown Unknown 2. Mother filed a Petition for Custody on or about February 1, 2002. A Custody Conciliation Conference was scheduled for March 19, 2002. At the date and time of the conference, neither party nor counsel for Mother appeared. Counsel for Mother was contacted who informed the Conciliator that Mother had represented to her that the parties had worked things out and that they wanted no further services from her office. Mother was advised that they could put their agreement on the record at the Conference. She was further advised if they chose not to attend the Conference, they were to contact the Conciliator's office to so inform. 3. Inasmuch as the parties and counsel have failed to appear an Order dismissing the Complaint is attached to this Summary Report. Date elissa Peel Greevy, Esqui~ Custody Conciliator :156168