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HomeMy WebLinkAbout95-06587 - 'Cil " ~ . ;I o .- < s );,0 t~ ~ j r- Oo lO ~ J --'... -, . ~ t -........"'. GILROY a. HOUSTON. ~c. ATTO"HIr"te AT L.AW 4 HOIIITH HAHOVII:" WTNlI:aT CARU8WL ..KNN.v....VANIA '70" 17'71 ".-4_74 .,......0 ;I . RobeatCRo.lrio IN nIE COURT OF COMMON PLEAS OF P1l11nlilr CUMBERLAND COUNTY, PENNSYLVANIA . . v . C1Vn. DWISION - LAW . . . nna Gsell NO. gS -LD581 Cu..:.Sl 1"In"" Defendant . IN CUSTODY . ORDER OF COURT AND NOW, this,2ll1tay of ~v ~'>\pc-r .1995, it is hereby directed that the parties and their respective counsel appear before M'.c."-......./ L. B_".s fl<<;. Conciliator, I JI-h Jt~ Jy, at :,ZI':). S. l'fClh SL (o/Yljll\; II . on the J!::l!:'day of ~ I .1995, at -\-- .em., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendence is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIlE COURT: f'vlcd~ d. ~J~ f:S4 Custody Conciliator ~ - BY: 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. Office of the Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, PA 17013 (717) 240-6200 ,"',;,.;",-.""'" \,\,: '1\ ~. '~,c :)FF\t ~ I.,lr ~,' ~'.t'l';~'~;" c;U;.i'....: .,;_-~;_:;'; V:'llil" ?:.;{~ Si \,...:t.:'.'t II' \ \ ,''i .[',,' ,,\W L I 2J :,il .J 11'01/.95' de:!. ~ IJJ/-$ a1l ~ JJ'J(.9S lldiie /11~ ~ dLf" Ih)I'y5 10/1 plaa/ ~~ Pl. /.Yl'"P fh . RobeJRosario IN mE COURT OF COMMON PLEAS OF : CUMBERlAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL DIVISION . LAW nna Gsell NO. Defendant CUSTODY NOTICE You bave 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. YOU SHOULD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 Robelt'ito.llio . IN DIE COURT OF COMMON PLEAS OF . P1a1ndff . CUMBERLAND COUNlY, PENNSYLVANIA . v . CIVIL DIVISION - LAW . l1na Glell NO. Defendant . CUSTODY . COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, by and through his attorneys, Broujos, Gilroy & Houston, P.C., and avers as follows: 1. Plaintiff is Robert 1tosario, an adult individual residing at 18 Hamilton Road. Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Tina Gsell, an adult individual residing at 241 Wagner Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the child Jordan Tyler Rosario residing at 241 Wagner Drive, Carlisle, Cumberland County, Pennsylvania 17013. Jordan Tyler Rosario was born September 15, 1990. The child was born out of wedlock. The child is presently in the custody of Defendant who resides at 241 Wagner Drive, Carlisle. Cumberland County. Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Person Address I2AW Tina Gsel1, 241 Wagner Drive Nov. I, 1995 Mr. & Mrs, Guy Gsel1 Carlisle, PA 17013 to present Chad Gsel1 Robert Rosario & 18 Hamilton Road 1994 to Tina Gsel1 Boiling Springs, PA Nov. I, 1995 Robert Rosario 4 Hilltop Drive 1 month in 1994 Patricia Rosario Mt. Hol1y, PA 17065 Amanda Rosario Robert Rosario & 132 East Louther Street 1992 to 1994 Tina Gsel1 Carlisle, PA 17013 Tina Gsel1, 241 Wagner Drive months in 1992 Mr. & Mrs. Guy Gsel1 Carlisle, PA 17013 Chad GseI1 Robert Rosario & 6 Earl Street 1991 to 1992 Tina Gsel1 Boiling Springs, P A 17007 Robert Rosario & Ponderosa Road 1990 to 1991 Tina Gsell Carlisle, PA 17013 The mother of the child is Tina Gsell, currently residing at 241 Wagner Drive, Carlisle, Cumberland County, Pennsylvania 17013. She is not married to Plaintiff. c. The father of the child is Robert Rosario, currently residing at 18 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania 17007. He is not married to Defendant.. 4, The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with no other persons. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: l:iIIM Guy Gsell Nancy Gsell Chad Gsell Relationship Father Mother Brother 6. The 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. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 8. 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 of visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the mother has a history of drug addiction and has not been able to provide for the child. The Plaintiff is capable of providing for the child. 10. Each parent who has parental rights to the child which have not been terminated and the person who has physical custody of the child are parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the child to Plaintiff. Respectfully sub itted. Date: ~~ \.., 4':;: BROUJOS, GILROY & HOUSTON, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243.4574 717/766-1690 FAX# 717/243.8227 ..(.J........"'.. 1 verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. .JJ~c.~ Robert Rosario c. ?g ("ll ~ cJ : .--~!'I'~...~"".,~"~,,,-,,,,,--,,..~_.. """.". i 1 { tr> 1t "B.. CJ"'l ~~ " = .,;{t- 0 0- I.llr~ Sd \fl 8 ~ l/'1 ~7"::"~ ... u..c:.LJ.1 h~'" ,_J..... ~ N Ol~ ,.-1 IJi In ~"J~;,.i,.~ ~t; ....~!,~,,; ~ r- :' ~.! .~~~ ~ ... ~~.- 1 a.. >- ,;;:' c:> Q(.) = -,r q: r<) ~ ~ ROBERT C. ROSARIO, Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-6687 CIVIL TERM vs. TINA GSELL, Defendant IN CUSTODY AND NOW, this ~ day ~. , 1996, upon receipt of the Conciliator's Report, It appearing that the parties have agreed to the terms end provisions of this Order which was dictated in their presence and approved by them, It Is hereby ordered and directed as follows: 1. The parties shall share legal custody of the minor child, Jordan Tyler Rosario, d.o.b. 16 September 1990. 2. Father will hava periods of partial custody and visitation with the minor child according to his work schedule In the following manner: A. During the weekends he is off from work. B. During the week that he Is off from work subject to a period of partial custody and visitation with Mother on Monday and Wednesday of that week from after school until 3:00 p.m. ,.'.-1_:... .'....:::-~ .~ "- ""' <f !~ r C. During his work schedule that occurs from 6:00 a.m. until 2:30 p.m., from 3:00 p.m. until 8:00 p.m., Monday through Friday. D. During his work schedule thst occurs from 2:30 p.m. until 10:30 p.m., on Monday, Wednesday, and Frldey, for two hours as agreed upon by the parties. E. During his work schedule that occurs from 10:30 p.m. until 6:30 a.m., from 3:00 p.m. until 8:00 p.m., Monday through Friday. Mother shall have custody of tha minor child for all other time parlods. 3. Tha parties sgree that they will share holidays at times as to be agreed upon by the parties. 4. The parties will share the Christmas holiday as follows: A. Mother will hsve Christmas Eve until Christmas Day at noon. B. Father will have Christmas Day at noon until 1 January at noon. 5. Father will have two weaks of uninterrupted vacation with the child to occur during the summer months, and Mother will have two weaks of uninterrupted vacation with the child during the summer months, these summer schedules will supersede any other schedule that the parties are under. 6. Such other times as the parties may egree. John H. Broujos, Esquire James W. Abraham, Esquire mlb )J.Nr~}JYlilASNN3d , w ClNfW3fJWna 1 C :01 HV I Z :J3Q S6 ,r.W1OJi.OHlC~Jd 211':10 ",,,1J:10-0311:/ J. J. .. . ROBERT C. ROSARIO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 95.6587 CIVIL TERM IN CUSTODY V8. TINA GSELL, Defendant JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undarsigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Jordan Tyler Rosario 1 5 September 1 990 Defendant/Mother 2. A Conciliation Conference was held on 14 December 1995, and the following individuals were present: the Plaintiff appeared pro se although he is represented by John H. Broujos, Esquire. The Defendant appeared with her attorney, James W. Abraham, Esquire. 3. Items resolved by agreement: See Order attached. 1 4. Issues yet to be resolved: None. 6. The Plaintiff's position on custody Is as follows: See Order attached. 6. The Defendant's position on custody Is as follows: See Order attached. 7. Need for separate counsel to represent child: Neither perty requested end the Conciliator does not feel It Is nscessary. 8. Need for Independent psychological evaluation or counseling: Neither party requested and the Conciliator does not believe It is necessary. 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