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Home My WebLink About05-4856 CHAD GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HEIDI GUTSHALL, Defendant No. tJ .5-, '1;- sl,. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY ] . The plaintiff is Chad Gutshall, residing at 134 Ligonier Street, New Florence, Pennsylvania 15944. 2. The defendant is Heidi Gutshall, residing at 273 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3, Plaintiff seeks custody of the following child: Name Shelby Gutshall Present Residence 273 Plaza Drive Boiling Springs, PA 17007 DOB 06.29/04 Age lyr The child was not born out of wedlock The child is presently in the custody of Heidi Gutshall, who resides at 273 Plaza Drive, Boiling Springs, Pennsylvania 17007. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Heidi Gutshall 153 Old Gap Road Carlisle, PA 17013 06/04-2005 Chad Gutshall ]53 Old Gap Road Carlisle, PA 17013 06/04-01/05 Heidi Gutshall 273 Plaza Drive Boiling Springs, P A 17007 2005-present 4. The mother of the child is Heidi Gutshall, currently residing at 273 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. She is married. The father of the child is Chad Gutshall, currently residing at 134 Ligonier Street, New Florence, Pennsylvania 15944. He is married, 5, The relationship of plaintiff to the child is that off ather. The plaintiff currently resides with the following persons, Name Amanda Pyle Kimberly Pyle Zachary Pyle Relationship Girlfriend Girlfriend's Daughter Girlfriend's Son 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Chris Hinton Hillary Hinton Relationship Son Daughter 7, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child, 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion, A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Rominger, Bayley & Wbare Date~~7 /~ U?rr ;2 ----- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 170 I3 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. 1;;2.~ept.o.,- Date ~Wc~ Chad Gutshall, Plaintiff CHAD GUTSHALL, Plaintiff v. HEIDI GUTSHALL, Defendant IN TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. CIVIL TERM I, Karl E. Rominger, Esquire, do hereby certifY that on this day I mailed a copy of within IN CUSTODY CERTIFICATE OF SERVICE Complaint in Custody upon the following, by depositing the same via First Class United States Mail and Certified Mail, Carlisle, Pennsylvania, addressed as follows: Datet'i"r/( Z. ()ar- Heidi Gutshall 273 Plaza Drive Boiling Springs, Pennsylvania 17007 Respectfully submitted, Rominger, Bayley & Whare :;> ------- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff ~~~ , ~ "" &-- J - ?:;- C><::I ~ ~ - '\J q ~ ~ = <:" c.t" J,:!! > if> --,-:" ..'-,.... r'1 ,4-' ,",', -0 -o~ -:J' ~ :?~ - U.i \.D -~<::? -./ :~~:(! ~ :r-3J 'J:-'':(', 9-0 .-to t~~-: - 9 - ~ .- ~ .r:- UJ . ' OCT 2 6 2005 p~ CHAD GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4856 CIVIL ACTION -LAW HEIDI GUTSHALL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z l' day of ~ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Chad Gutshall, and the Mother, Heidi Gutshall, shall have shared legal custody of Shelby Gutshall, born June 29, 2004. 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. 2. Mother shall have primary physical custody of the child. 3. Father shall have partial physical custody as follows: A. Beginning Saturday, October 29, 2005 Father shall have four alternating Saturdays from 10:00 a.m. to 6:00 p.m. Father shall be responsible for all transportation. B. Following four alternating Saturdays Father shall have two alternating weekends, from Saturday at 10:00 a.m. to Sunday at 7:00 p.m. C. Following the two overnights listed in paragraph B, Father shall have alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. In the event that Father must work late on Fridays, his custodial period shall begin Saturday at 10:00 a.m. D. Such other times as the parties agree. 4. below: Holidays. The parties shall have physical custody of the child as indicated A. Thanksgiving shall be alternated with Mother having odd years and Father having even numbered years. ,l,l D -', . (, \ \~. -.:< .. B. Christmas shall be divided into two Blocks. Block A shall be from 3:00 p.m. on Christmas Eve to 3:00 p.m. on Christmas Day. Block B sha1\ be from Christmas Day at 3:00 p.m. to December 26 at 3:00 p.m. The parties shall agree as to who has which Block from year to year. C. Mother's Day/Father's Day- Mother shall have physical custody of the child on Mother's Day and Father sha1\ have physical custody of the child on Father's Day, both at times agreed by the parties. D. Memorial Day/Fourth of July/Labor Day-alternated as agreed by the parties. 5. Transportation shall be shared such that the parties sha1\ exchange custody at the Ft. Littleton Interchange of the Pennsylvania Turnpike. On holidays, Father shall be responsible for all transportation. 6. Neither party may relocate the child from the jurisdiction of Cumberland County without a prior Order of Court. 7. This Order is entered pursuant to the request of Mother at a Custody Conciliation Conference which Father was aware of but did not attend. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 11;1 1. i)_YCO \0' ,,) . . CHAD GUTSHALL, Plaintiff OCT 2 6 2005~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-4856 CIVIL TERM HEIDI GUTSHALL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None 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 Shelby Gutshall June 29, 2004 Mother 2. A Conciliation Conference was held in this matter on October 25,2005, with the following individuals in attendance: The Father, Chad Gutshall, with his counsel, Karl E. Rominger, Esquire. Mother, Heidi Gutshall, with her counsel Jessica Holst, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. ID -~ S..o 5- Date ~ ' ~'I~' n k---< ;' L ~. Jac~line M. Verney, E~ Custody Conciliator