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HomeMy WebLinkAbout04-5153IN THE COURT OF COMMIPENN PENNSYLVANIA NICOLE S. GSELL, ; CUMBERLAND COUNTY, Plaintiff CIVIL ACTION V. V• ; NO. 2004 - 10CIVIL TERM JOHNNY H. GSELL, ; IN CUSTODY Defendant COMPLAINT FOR CUSTODY her attorney, Harold S. Irwin, III, Esquire, and files NOW comes the plaintiff, by this complaint and agreement for custody, representing as follows: 1, The plaintiff is NICOLE S. GSELL, an adult individual currently residing at 329 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is JOHNNY H. GSELL, an adult individual currently residing at 512 School Avenue, Carlisle, Cumberland County, Pennsylvania 17013- 3. The parties are the natural parents Of two minor Children, namly GSELL (born June 4e1996)ITY KAY GSELL (born July 25, 1994) and JUSTICE JAMES ed with the parties from the birth of the children to , The children have resid 4 the parties separation on September 14, 2004. 5. The plaintiff has not participated as a party, witness or in any other he in other litigation concerning the custody of tchildren in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights wit respect to the children. B. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the laintiff have primary physical custody of the children and that the p children, that the ry physical custody of the children in accordance with their defendant have tempora mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, AMITY KAY GSELL (born July 25, 1994) and JUSTICE JAMES GSELL ren, June 4, 1996)- B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children as the parties may mutually agree from time to time. D. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreE;d from time to time. E. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. F, The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary lfare and well being of the children is protected. steps to insure that the health, we H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. I, Father shall pay to Mother the sum of $150.00 per week for the support of the children. Said payments shall be made directly from Father to Mother and not through the Domestic Father becomes more than thirty main current. llf office long as the weekly payments re (30) days in arrears, then mother shall have the right to request a wage attachment and any other remedies available to her. J. In the event of the breach of the agreement of the parties by any art shall have the right 1:0 file a petition for contempt of party, the nonbreaching p y court and to seek specific performance of the terms of the agreement of the spec the parties. All costs, expenses and reasonable attorney fees incurred successful party in any litigation to obtain an order of contempt of the judgment performance of this agreement shall be recoverable as part entered by the court. K Any modification or waiver of any of the provisions of the agreement of the parties shall be effective ordy if made in writing and only if executed with the same formality of the agreement of the parties. ?. The Court of Common Pleas of Cumberland county has jurisdiction ofr change such said order. hould over these issues and shall retain u re further jurisdiction and any party desire further or req WHEREFORE, the plaintiff respectfully requests that the court enter an order h sical custody of the child as aforesaid without the providing for the legal and p y hanrinCIA requirement of a custody conciliation or October =, 2004 verify that the acts set forth in this complaint are true and correct. We do hereby penalties of 18 We understand that false s otun worn fa sification to authorities. tFurthermore, by the Pa.C.S.A. § 4904, relating execution of this Confirmation, we do each unequivocally express our mutual an and request arrangement provided above voluntary agreement to the amicable custody that the terms thereof be entered as an order of Court without the necessity of a custody conciliation, hearing or other pro SEAL) October 2L° 2004 October 1 2004 (SEAL) NICOLE SE VERIFICATION AND s C17 ?j Vw j -l O 1 r cn 1 ? 'fl HAROLD S. IRWIN, 111 ESO ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17019 (717) 243.6090 ATTORNEY FOR PLAINTIFF NICOLE S. GSELL, Plaintiff V. JOHNNY H. GSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 -$'IS3CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ??`day of 004*1- , 2004 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, AMITY KAY GSELL (born July 25, 1994) and JUSTICE JAMES GSELL (born June 4, 1996). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody of the children as the parties may mutually agree from time to time. D. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time. E. The Father shall always have the children on Father's Day and the U Mother shall always have the children on Mother's Day. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. H. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. Father shall pay to Mother the sum of $150.00 per week for the support of the children. Said payments shall be made directly from Father to Mother and not through the Domestic Relations Office or a wage attachment, so long as the weekly payments remain current. If Father becomes more than thirty (30) days in arrears, then Mother shall have the right to request a wage attachment and any other remedies available to her. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. io aa-o9 ?-- ,:: ' ;?? ;,.? ._ " ` , . ,.; ?? ?ti ?l?- ,._ -- l.. <!> ?:::> ??1 : ? .y SANDY L. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN D. MYERS DEFENDANT 2004-5154 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January. 17, 2008 at 10:30 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. 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/ Jacqueline M. Verney, 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 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 4.0 /row P t.?+'"? ^ fits e^? :a Wd F f 2-20 tI1Z