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HomeMy WebLinkAbout01-5273JOSHUA D. GUISE PLAINTIFF V. ALICIA F. GUISE DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5273 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 13, 2001 , upon consideration of thc 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 Wednesday, October 10, 2001 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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 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/ [acaueline M. Vernev. Esa. L4~ - ' Custody Conciliar'or ~ /-) v 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 JOSHUA D. GUISE VS. ALICIA F. GUISE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. oi- Defendant COMPLAINT FOR CUSTODY CIVIL ACTION -- LAW AND COMES NOW, JOSHUA D. GUISE, by his attorney, Timothy J. Colgan, Esq., and files the following Petition: 1. Plaintiff, JOSHUA D. GUISE, resides at 602 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania since August 2000. 2. Defendant, ALICIA F. GUISE, resides at 1398 County Road 972, Cullman, Alabama since May 24, 2001. 3. Plaintiff and Defendant are the natural parents of one minor child, Jordan L. Guise, dob 11/13/00. 4. The child was not born out of wedlock. 5. Prior to May 24, 2001, the child resided with mother at 115 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania. From November 13, 2000 to March 13,2001 the child resided with the Mother at 1010 Susquehanna Street, Apartment 1, Harrisburg, Pennsylvania. 6. There are no court orders establishing custody or visitation. 7. Plaintiffhas no information ora custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know ora person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. Without father's consent and without Court Order, Mother removed the child to Alabama. 2001. 10. Mother assured Father that she would allow for visits with the minor child. 11. Mother went so far as work out with Father dates and times for an extended visit during summer 12. Mother had Father's attorney draft a stipulation reflecting the terms of their agreement. Said agreement called for Father to have the child for throe consecutive weeks beginning August 13, 2001. See proposed stipulation attached as Exhibit A. 13. Shortly before the scheduled visit, on August 8, 2001, Mother emailed Father and indicated the child would not be coming to Pennsylvania as previously planned. See email message attached as Exhibit B. 14. The best interest and permanent welfare of the children will be served by granting the relief requested herein. WHEREFORE, Plaintiff requests the Court enter an Order granting primary physical custody and shared legal custody of the minor child to Plaintiff. Dated: Respect~y submitted, Timothy J. Co gaff, L%xl~ife WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, JOSHUA D. GUISE, verify that the statements made in this document 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 unswom falsification to authorities. JOS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA D. GUISE, Plaintiff V. ALICIA F. GUISE, Defendant : CIVIL ACTION LAW : CASE NO.: 01-5273 DEFENDANT'S PRELIMINARY OBJECTION TO JURISDICTION Or IN THE ALTERNATIVE .VENUE AND NOW, comes Plaintiff, Alicia F Guise, through counsel, Gregory R. Lyons, Esq., and states the following in support of her objections to the jurisdiction of this Court and to the propriety of venue: 1. On or about September 13, 2001, Plaintiff, Joshua D. Guise, filed the subject Complaint for Custody. 2. The child that is the subject of Mr. Guise's complaint is Jordan Guise. 3. Mr. and Mrs. Guise were married on or about August 12, 1993, in Newport, Pennsylvania. 4. On or before May 30, 2000 Mr. Guise began an extra-marital relationship. On or about July 15, 2000, Mr. Guise moved out of the marital residence and established residency with his girlfriend. 5. At the time of the separation, Ms. Guise was in the middle of her second trimester of her pregnancy with Jordan. 6. Subsequent to the separation, Mr. Guise showed no material interest in the pregnancy of Ms. Guise. In fact, on November 6, 2000, just seven days prior to Jordan's birth, Mr. Guise signed a complaint for divorce. The complaint was served on Mrs. Guise two days after the birth. 7. Jordan was born on November 13, 2000. 8. When Ms. Guise went into labor, she immediately notified Mr. Guise. Mr. Guise was unwilling to leave work and did not arrive at the hospital until after the delivery began. 9. For several months prior to Jordan's birth and following the birth, Ms. Guise was physically unable to work. Nevertheless, Mr. Guise provided minimal financial support for Ms. Guise and Jordan and had only nominal physical contact with Jordan. 10. As a result of Mr. Guise's lack of financial support, Ms. Guise was evicted from her residence and was forced to find shelter for herself and Jordan at the residence of a girlfriend. 11. On or about May 4, 2000, Ms. Guise was admitted to the hospital for kidney surgery. She asked Mr. Guise for assistance with Jordan. Mr. Guise refused to care for Jordan except the night of Ms. Guise's discharge. 12. Following her discharge from the hospital, Ms. Guise found herself unable to obtain employment, in need of further surgery and unable to financially support herself and Jordan. 13. Faced with these untenable circumstances, Ms. Guise was convinced by her parents to make a visit to their home in Cullman, Alabama to give herself time to rest, both physically and mentally, and to take time to reorganize her life. At the time, Ms. Guise had no intention to make the move permanent. 14. On May 9, 2000, Ms. Guise left Pennsylvania with Jordan to visit her parents. Her personal belongings were left in Pennsylvania. 15. Shortly after aniving at her parents' home, Ms. Guise decided it would be in the best 5nterests of both herself and Jordan to establish a permanent residence with her parents. Her parents offered financial and emotional support that was missing in Pennsylvania. The parents also offered the opportunity for Ms. Guise to continue her education to nmke a better life for her and Jordan. 16. At all times, Mr. Guise was kept apprized of Ms. Guise's deliberations. 17. Ms. Guise and Jordan have remained in Cullman, Alabama since leaving Pennsylvania. 18. Pursuant to 22 Pa.C.S.A. § 5344, Pennsylvania Courts have jurisdiction of child custody matters iftha Commonwealth is: 1) the "home state" of the child at the commencement of the proceeding; or 2) had been the "home state" of the child within the six months before commencement of the proceeding... 19. Pennsylvania Court may also exercise jurisdiction if it is in the best interest of the child, but only if the child has a "significant connection" with the Commonwealth and substantial evidence concerning the present or future care, protection, training and personal relationships of the child is available in the Commonwealth. 20. Pennaylvania is not and has never been Jordan's "home state." 21. Jordan does not have a significant connection with Pennsylvania. 22. Furthermore, Pennsylvania is not a convenient forum to make a custody determination. 23. Substantial evidence concerning the present or future care, protection, training and personal relationships of the child is more readily available in Alabama. 24. All of Jordan's care givers are located in Alabama as are most potential witnesses. 25. Moreover, because of the comparative financial positions of the parties, it is more equitable for this custody matter to be determined in Alabama. WHEREFORE, the Defendant respectfully requests the Court to make a finding that it lacks jurisdiction to here this custody matter and to enter an Order dismissing the proceeding. In the alternative, the Defendant requests the Court to find this forum to be inconvenient and to either dismiss the proceeding or to transfer the matter to an appropriate venue in or about Cullman, Alabama. Respectfully Submitted, Harrisburg, PA, 17108-0969 (717) 221-4535 ID # 34428 JOSHUA D. GUISE, Plaintiff VS. ALICIA F. GUISE, Defendant 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5273 CIVIL IN RE: DEFENDANT'S pRE ~Iv~NARY OBJECTION TO -JURISDICTION ~ IN THE ALTERNATIVE, VENU! ORDER AND NOW, this ~' 7'~ day of October, 2001, a brief hearing on the within matter is set for Thursday, November 29, 2001, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The court will consider requests under Pa.R.C.P. 1930.3. Timothy J. Colgan, Esquire For the Plaintiff Gregory R. Lyons, Esquire For the Defendant :rim BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA D. GUISE, Plaintiff V. ALICIA F. GUISE, Defendant CIVIL ACTION LAW CASE NO.: 01-5273 DEFENDANT'S REQUEST TO PROVIDE TESTIMONY BY ELECTRONIC MEANS PURSUANT TO PA. RULE OF CIV. PROCEDURE 1930.3 AND NOW, comes the Defendant, Alicia F. Guise, through counsel, Gregory R. Lyons, and states the following in support of her request to provide testimony by electronic means: I. Joshua Guise filed the subject complaint for custody on or about September 13, 2001. 2. The subject of the custody action is Jordan Guise, an infant female bom in Pennsylvania on November 13, 2000. 3. On May 9, 2001, Jordan moved with her mother to Cullman, Alabama, the home of Ms. Guise's parents. Both have since continued to reside with Jordan's grandparents. 4. On or about October 17, 2001, Ms. Guise filed preliminary objections to jurisdiction and venue. 5. A hearing has been scheduled for November 29, 2001. 6. To the extent her testimony or the testimony of her parents is needed, Ms. Guise requests that the Court permit that testimony be done by electronic means. 7. Ms. Guise makes this request because of the costs involved, the uncertainty of air transportation and because she will be starting new employment within the next few days. 8. Counsel for Mr. Guise does not object to Ms. Guise's request. WHEREFORE, Defendant Alicia F. Guise respectfully requests the Court to permit her testimony and the testimony of her parents to be conducted by electronic means. Respectfully Submitted, Harrisburg, PA, 17108-0969 (717) 221-4535 ID # 34428 JOSHUA D. GUISE, Plaintiff Vs. ALICIA F. GUISE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5273 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Wendy S. Paul, certify that a copy of the Defendant's Request to Provide Testimony by Electronic Means Pursuant to PA. Rule of Civ. Procedure 1930.3 was served upon the following person(s) listed below by placing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Timothy J. Colgin, Esquire 1 South Baltimore Street Dillsburg, PA 17019 Wendy S. Paul, Legal Clerk P.O. Box 969 Harrisburg, PA 17108-0969 (717) 221-4515 Dated: November 15, 2001 JOSHUA D. GUISE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No.: 2001-5273 ALICIA F. GUISE Defendant CIVIL ACTION -- CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION TO JURISDICTION AND NOW comes the Plaintiff, Joshua D. Guise, by and through his attorney Timothy J. Colgan, Esq., and files the following answer to Defendant's Preliminary Objection as to Jurisdiction: 1. Admitted in part, denied in part. Joshua D. Guise did file the custody action. However, the action was filed on September 7, 2001 not September 13, 2001. 2. Admitted. 3. Admitted in part, denied in part. Mr. and Mrs. Guise were married on August 12, 1993. They were married in Newville, Pennsylvania not Newport, Pennsylvania. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Mr. Guise did sign the divorce complaint on November 6, 2000 at the request of Mrs. Guise. The child was born six weeks prematurely. By way of further answer, Mr. Guise did show material interest in the pregnancy and accompanied Mrs. Guise to many of her obstetrical appointments during the pregnancy. 7. Admitted. 8. Denied. Mrs. Guise did not immediately notify Mr. Guise when she went into labor. In fact, she had her sister call Mr. Guise after she had already been admitted to the hospital. Upon being notified, Mr. Guise, who was the only employee in the building where he works, immediately shut down the building and proceeded to the hospital. 9. Admitted in part, denied in part. Prior to the birth, Mrs. Guise did stop working. After the birth of Jordan, Mm. Guise was medically cleared to return to work six (6) weeks after the delivery. During the pregnancy, Mr. Guise provided Mrs. Guise with approximately three times the amount of support which was eventually calculated by the Domestic Relations arm of the court. Mr. Guise paid for Mrs. Guise's rent, groceries, auto insurance, a joint loan, and her cable bill. Upon the birth of Jordan, Mrs. Guise immediately filed a complaint for child support and Mr. Guise has paid support pursuant to that order. Mr. Guise has continued to provide funds in excess of the court ordered amount of support. With regard to Mr. Guise's physical contact with Jordan, Mr. Guise made extensive efforts to visit with the child. However, every time Mr. Guise attempted to see Jordan he was confronted by Mr. Gnise's brother-in-law and was harassed and physically threatened. 10. Denied. Mrs. Guise was evicted from her apartment because she chose not to work. She stated repeatedly that she believed it to be her right to stay at home with her child. Mr. Guise provided in excess of the legally required amount of support at all times prior to and after the 2 birth of Jordan. During this time, Mr. Guise offered to have Jordan come and live with him on a temporary basis until Mrs. Guise could get back on her feet financially. Mr. Guise even offered to sign a stipulation indicating that the custody arrangement was temporary to allay Mrs. Guise's fears that Mr. Guise would not return the child. Mrs. Guise refused his offer of help. 11. Denied. Not only didn't Mrs. Guise ask for assistance from Mr. Guise, she didn't even inform him that she was being admitted to the hospital. Instead of informing Mr. Guise, she called Mr. Guise's mother and asked her if she would care for Jordan while she was in the hospital. Mr. Guise's mother said she would gladly watch Jordan but suggested that she ask Mr. Guise first. Rather than doing so, Mrs. Guise had her step-mother come from Alabama to care for Jordan. 12. Denied. Mrs. Guise is a nurse. There is an overwhelming need for nurses in the Harrisburg area. In fact, Mrs. Guise was offered her job back from her previous employer but declined. 13. After reasonable investigation, Plaintiff is unable to form an answer to this averment. 14. Admitted in part, denied in part. Mrs. Guise left for Alabama on May 9, 2001, not May 9, 2000. Plaintiff is without information regarding her personal belongings so as to formulate an answer. 15. After reasonable investigation, Plaintiffis unable to form an answer to this averment. 16. Denied. Mrs. Guise made unilateral decisions regarding the custody of Jordan without consulting Mr. Guise. Said decisions included the move to Alabama and the extent of the involvement that she would allow Mr. Guise to have in Jordan's life. Mrs. Guise did not keep Mr. Guise apprised of her deliberations -- rather she would make decisions and communicate her final decision to Mr. Guise after the fact. 17. Admitted. 18. This paragraph contains a statement of law to which no answer is required. 19. This paragraph contains a statement of law to which no answer is required. 20. Denied. This paragraph contains a statement of law to which no answer is required. To the extent that an answer is required, Pennsylvania was Jordan's home state at the time Mrs. Guise removed her to Alabama. A child's home state is the state in which she has lived for six (6) consecutive months, or in the case of a child less than six (6) months old, the state in which she has lived from the time of birth with her parents or parent. Jordan Guise lived in Pennsylvania from birth on November 13, 2000 until she was removed from Pennsylvania on May 9, 2001 making Pennsylvania her home state. 21. Denied. Jordan has a very significant connection with Pennsylvania. Alicia Guise's mother, sister Tonya, brother-in-law John, and other family members live in Pennsylvania. The vast majority of Joshna Guise's family, including his mother, step-father, grandparents, brother, sister, aunts, uncles, and cousins, reside in Pennsylvania. Jordan was bom in Pennsylvania. The obstetrician who delivered Jordan and the records related to the birth are in Pennsylvania. The pediatricians who eared for Jordan and the records regarding Jordan's immunizations and well baby care during her first six months are in Pennsylvania. Additional witnesses concerning Mrs. 4 Guise's health are located in Pennsylvania. Wimesses regarding the emotional and financial stability of the parties are located in Pennsylvania. 22. Denied. For all of the masons stated above, Pennsylvania is a far mom convenient forum in which to determine custody. With the exception of Mrs. Guise, all of the evidence and potential witnesses who are likely to be called in the final custody hearing are located in Pennsylvania. 23. Denied. The overwhelming majority of the evidence in this case is located in Pennsylvania. Defendant's averment is conclusory and offers no insight as to the substantial evidence which is more readily located in Alabama. 24. Denied. As previously stated, the majority of witnesses in this case are located in Pennsylvania. As to the care givers alluded to in Defendant's averment, Plaintiffis without information regarding these care givers and therefore cannot formuiate an answer regarding their existence and possible testimony. It should be noted that Defendant has not been working or attending school while in Alabama and that the need for care givers and their existence is suspect. 25. Denied. Mrs. Guise is in a better financial position than Mr. Guise. She is being provided for by her father and step-mother to the extent that she does not need to work. She has incurred no legal fees throughout this matter as she is represented by a pro bono attorney. Conversely, Mr. Guise has private counsel and continues to support Jordan per the Cumberland County Domestic Relations order. WHEREFORE, Plaintiff requests that this Honorable Court: a. Overrule Defendant's Preliminary Objection as to Jurisdiction; and b. Retain this matter for the ultimate determination of physical and legal custody of Jordan Guise;and c. Enter an interim Order for Custody pending a final custody hearing in the matter as Mr. Guise has not seen his daughter since before May 9, 2001 and since there is presently no schedule in place for the upcoming holiday season. Date: Respeqtfully submitted, Timothy J. Co~g~-L~. WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 6 JOSHUA D. GUISE VS. ALICIA F. GUISE Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2001-5273 CIVIL ACTION -- CUSTODY CERTIFICATE OF SERVICE AND NOW, this 26th day of November, 2001, Timothy J. Colgan, Esq., attorney for Plaintiff, Joshua D. Guise, hereby certify that I served Plaintiffs Answer to Defendant's Preliminary Objection as to Jurisdiction on the party listed below by depositing same in the United States Mail, first class, postage pre-paid to the following addresses: Gregory R. Lyons, Esq. PO Box 969 Harrisburg, PA 17108-0969 Counsel for Defendant Date: Respectfully submitted, Timothy $. Cd[g~a~s~. WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA D. GUISE, Plaintiff V. ALICIA F. GUISE, Defendant CIVIL ACTION LAW CASE NO.: 01-5273 DEFENDANT'S REQUEST TO PROVIDE TESTIMONY BY ELECTRONIC MEANS PURSUANT TO PA. RULE OF CIV. PROCEDURE 1930.3 AND NOW, comes the Defendant, Alicia F. Guise, through counsel, Gregory R. Lyons, and states the following in support of her request to provide testimony by electronic means: 1. Joshua Guise filed the subject complaint for custody on or about September 13, 2001. 2. The subject of the custody action is Jordan Guise, an infant female born in Pennsylvania on November 13, 2000. 3. On May 9, 2001, Jordan moved with her mother to Cullman, Alabama, the home of Ms. Gulse's parents. Both have since continued to reside with Jordan's grandparents. 4. On or about October 17, 2001, Ms. Guise filed preliminary objections to jurisdiction and venue. 5. A hearing has been scheduled for November 29, 2001. 6. To the extent her testimony or the testimony of her parents is needed, Ms. Guise requests that the Court permit that testimony be done by electronic means. 7. Ms. Guise makes this request because of the costs involved, the uncertainty of air transportation and because she will be starting new employment within the next few days. 8. Counsel for Mr. Guise does not object to Ms. Guise's request. WHEREFORE, Defendant Alicia F. Guise respectfully requests the Court to permit her testimony and the testimony of her parents to be conducted by electronic means. Respectfully Submitted, Harrisburg, PA, 17108-0969 (717) 221-4535 ID # 34428 JOSHUA D. GUISE, Plaintiff Vs. ALICIA F. GUISE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5273 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Wendy S. Paul, certify that a copy of the Defendant's Request to Provide Testimony by Electronic Means Pursuant to PA. Rule of Civ. Procedure 1930.3 was served upon the following person(s) listed below by placing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Timothy J. Colgin, Esquire 1 South Baltimore Street Dillsburg, PA 17019 Wendy S. Paul, Legal Clerk P.O. Box 969 Harrisburg, PA 17108-0969 (717) 221-4515 Dated: November 15, 2001 NOV ~ ! ~001 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA JOSHUA D. GUISE, : CIVIL ACTION LAW Plaintiff : ; V. : ALICIA F. GUISE, : CASE NO.: 01-5273 ; Defendant : ORDER PERMITTING TESTIMONY BY ELECTRONIC MEANS AND NOW, this 2. b '* day of November, 2001, upon consideration of the Defendant's request to provide testimony by electronic means, it is hereby ORDERED THAT Defendant's request is granted. By the Court, JOSHUA D. GUISE, Plaintiff VS. ALICIA F. GUISE, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5273 CIVIL ORDER day of December, 2001, following conference call with counsel, it is ordered and directed that the mother or her designated agent bring to Pennsylvania the child, Jordan, for the purpose of visitation and partial custody of the plaintiff, Joshua D. Guise, said custody to be exercised by the father between December 26, 2001, and January 6, 2002. The first two periods of visitation, anticipated to be December 27th and 28th, shall be for a period of five (5) hours with the mother or her agent, Sharon Ward, either present or nearby. Thereafter, the child shall be in the care of her father, who shall return the child to Alabama on January 6, 2002. During the father's custody of the child, the mother or her designated agent shall have the option, but shall not be required, to be with the child for no less than one (1) hour daily. BY THE COURT, A. Hess, J. Timothy J. Colgan, Esquire ~/~./~/~.~ / ~.~ For the Plaintiff Gregory R. Lyons, Esquire For the Defendant JOSHUA D. GUISE, Plaintiff VS. ALICIA F. GUISE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5273 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO JURISDICTION OR, 1N Tlql ~; ALTERNATIVE, VENUE ORDER AND NOW, this ! '/" day of January, 2002, the preliminary objection of the defendant to jurisdiction is SUSTAINED and the within complaint DISMISSED. This order is entered with the understanding that this matter will proceed in the courts of Cullman County, Alabama. BY THE COURT, ~'~'mothy J. Colgan, Esquire For the Plaintiff ~egory R. Lyons, Esquire For the Defendant ~FheHonorable Te~iThomas 500 Second Avenue S.W. Room209 Cullman, AL35055 Kev :rim PE~t~,$YLV,~UIvT'r'