HomeMy WebLinkAbout96-01939
SCOTT G. ETNOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTV, PENNSVLVANIA
CIVIL ACTION - LAW
v.
CUSTODV/VISITATION
( / ' )
NO. '{., , 'I; I
'. {l. (
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MELINDA SMITH,
Defendant
ORDER OF COURT
AND NOW, ~JI' {, }chl., upon consideration of
the attached compla nt, t s hereby d rected that, the part}es and
their respective counsel appear before I' I . I .' ~';;""
the conciliator, at ;" ,). :'} I ~\) ", (,. I l the
Il-II\ day of /'11..., , 96, at ,('.m"
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 of a
temporary or permanent order.
FOR THE COURT,
By:
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custody Conc lia, or'
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The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals have 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. Vou must attend the scheduled conference or hearing.
VOU SHOULD TAKE THIS PAPER TO VOUR LAWVER AT ONCE. IF VOU DO NOT
HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE VOU CAN GET LEGAL HELP,
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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Since August, 1995, the child has lived with the following
persons and at the following address:
8/95 - Present
150 Cedar Manor,
Pennsylvania
Defendant, Defendant's
son
Mechanicsburg,
Cumberland
county,
boyfriend and Defendant's boyfriend's
The mother of the child is MELINDA SMITH, Defendant herein,
who is currently residing at 150 Cedar Manor, Mechanicsburg,
cumberland county, Pennsylvania. She is not married.
The father of the child is SCOTT G. ETNOYER, Plaintiff herein,
who is currently residing at 228 Clearfield Avenue, Middletown,
Dauphin County, Pennsylvania. He is not married,
5, The relationship of Plaintiff to the child is that of
father, The Plaintiff currently resides with his mother, Pauline
Etnoyer,
6. The relationship of Defendant to the child is that of
mother. Defendant currently resides with the child, her boyfriend,
Jeremy (last name unknown), and .Jeremy's son, whose name is
unknown.
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 or visitation rights with respect to the child.
Y.lBIZIQll~lQH
I verify that the statements contained in the foregoing
COMPLAINT FOR CUSTODY are true and correct to the best of my
knowledge, information and belief. I understand that false
statements contained herein are made subject to the penalties of 18
Pa.C.S. 54904 relating to unsworn falsi~ication to authorities.
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Date: /!di4};:./~ It/y{.. /t.~;./ /:~.'-;;-."
SCOT G., TNOYER
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MELINDA SMITIl,
Defendant
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 96- 1939 CIVIL TERM
SCOTT G. ETNOYER,
Plaintiff
v.
DEFENDANT'S ANSWER TO COMPLAINT FOR CUSTODY
1. Admitted.
2. It is admitted that the Defendant is Melinda Smith. The
Defendant's correct addrese is 150 Regency Woods, Carlisle,
Cumberland County, Pennsylvania 17013.
3. It is admitted that the Plaintiff seeks primary physical
custody. It is denied the Plaintiff is entitled to primary
physical custody. It is admitted that the parties have one minor
child, Scott Gregory Etnoyer, Jr., born 2129/92, age 4 years,
present address 150 Regency Woods, Carlisle, Cumberland County,
Pennsylvania 17~13.
4. It is admitted the child presently resides with Melinda smith,
Defendant herein, but the correct address is 150 Regency Woods,
Carlisle, Cumberland County, Pennsylvania 17013.
Since 3/1/95, the child has lived with the following persons
and at the following address:
3/1/95-Present- Resided at 150 Regency Woods, Carlisle,
Cumberland County, Pennsylvania 17013. Lived with the
Defendant, Defendant's fiance, Jeremy Spaulding, and Mr.
Spaulding's son, Zachary Spaulding, who is three years of age.
The mother of the child is Melinda Smith, Defendant herein, who
currently resides at 150 Regency Woods, Carlisle, cumberland
County, Pennsylvania. The defendant is not married, but is engaged
to be married on 8/10/96.
The father of the child is
who is currently residing at
Dauphin County, Pennsylvania.
Scott G. Etnoyer, Plaintiff herein,
228 Clearfield Avenue, Middletown,
The plaintiff is not married.
5. The relationship of the Plaintiff to the child is that of
father. It is admitted that the Plaintiff does live with his
mother, Pauline Etnoyer.
6. The relationship of the Defendant to the child is that of
mother. The Defendant currently resides with the child, Jeremy
Spaulding, and Zachary Spaulding.
7. The defendant admits there is no custody hearing pending in the
Commonwealth of Pennsylvania. 1I0wever, the parties did reach
a stipulation regarding custody which is docketed at 508 S, 1993 in
the Court of Common pleas of Dauphin County, Pennsylvania.
8. Admitted.
9. It is denied the best interest and permanent welfare of the
child will be served by the relief requested. By further answer,
the Plaintiff has not stated any reasons why the best interest and
permanent welfare of the child will be served by granting Plaintiff
custody.
10. It is denied that the Plaintiff has not participated as a
party, witness or in another capacity or in other litigation
concerning the custody of the child in this or another court. See
attached stlpulation and court order signed by the 1I0norable
Richard A. Lewis. Exhibit A.
11. Admitted.
WHEREFORE, the Defendant respectfully requests that this
1I0norable Court deny the Plaintiffs request for shared legal
. custody and primary physical custody of the parties' minor child to
Scott Gregory Etnoyer.
II
':
NEW MATTER
:: 12. On January 26, 1995, Sandra L. Meilton, custody conciliator
for Dauphin County, prepared a conference summary report which is
, docketed #508 S, 1993 and herein after identified as Exhibit B.
i
'i 13. The conciliator Sandra L. Meilton, prepared her report and in
:' paragraph 12 the conciliator made mention that this matter had been
:i heard before conciliation on at least three other occasions. The
i: conciliator also noted that although Plaintiff has indicated that
he is seeking primary physical custody at that docket number, she
had difficulty articulating why he thought it would be in the
I child's best interest to vary the current arrangement. Plaintiff
was unable to produce any information or articulate any reasons why
. the child's best interest would be served by granting him custody
at that time.
14. The Plaintiff has given a statement to conciliator Sandra L.
Meilton "that he took Scott with him to bars when he would go
drinking". See paragraph 12 Exhibit B.
15. Attorney Sandra L. Meilton, Conciliator at Docket Number 508
S, 1993, concluded that Plaintiff was not taking the situation
seriously. See paragraph 12 Exhibit B.
16. Conciliator Sandra L. Mei1ton, at Docket Number SOB S, 1993,
recommended psychological evaluations be completed at that time and
neither party completed any evaluations as they reached a
stipulation regarding custody which is entered into a court order.
See Exhibit A Custody Action.
17. This matter has been previously litigated and an order of
court was dated March 2, 1994 by the 1I0norable Jeannine Turgron.
See Exhibit C.
lB. The Plaintiff has attempted to litigate this issue of custody
since 1993.
19. The lIonorable Jeannine Turgron also entered an order regarding
above captioned case on January 21, 1994. See Exhibit D.
20. The Plaintiff currently has a protection from abuse order
entered against him as a result of threatening the defendant with
a handgun. On or about the first weekend of August 1995, the
Plaintiff entered the Defendant's residence without her consent and
pulled a handgun on her and pointed it at her head. The Plaintiff
was charged with numerous criminal offenses including possession of
drug paraphernalia. The Middletown Police Department is the agency
, which filed charges against him. See exhibit E.
21. The criminal charges against the Plaintiff were subsequently
dismissed at a preliminary hearing because the Defendant was not
notified of the date and time she was to appear.
22. The Plaintiff did spend several days in jail as a result of
I the assault against the defendant.
23. The Plaintiff pulled the gun and pointed it at the Defendant'e
head in the presence of their minor child, Scott Gregory Etnoyer,
Jr.
24. The minor child has been somewhat traumatized over this event
because he has brought it up to his mother on several occasions
since that date and time.
25. The Defendant is concerned over the welfare and safety of her
son due to the fact that the Plaintiff has pointed a dangerous
weapon at her head, as well as the fact, that he has possessed drug
paraphernalia.
26. The Defendant submits that it would not be in the best
intereet of granting primary physical custody or legal cuetody to
the Plaintiff because he has possessed drug paraphernalia and has
threatened her with physical harm.
27. The best interest and welfare of the child will be served by
permitting the Defendant to have continued primary physical custody
because the Defendant has provided the child harmonious and stable
home life.
~
2B. The Defendant is currently employed full-time with Capital
Blue Cross and Blue Shield.
29. The Defendant provides for the Blue Cross and Blue Shield
Medical coverage for the child. The Plaintiff is currently in
arrearage for child support to the Plaintiff. The Defendant has
been solely responsible for maintaining the health an the welfare
of the child in that she has been responsible for taking him to
doctors and dentists for regular check-ups or well check-ups.
30. In 1995, the Plaintiff made false allegations against the
Defendants fiance, Jeremy Spaulding, that Mr. Spaulding had abused
Scott Gregory Etnoyer, Jr., the minor child. There was a complete
investigation which was determined to have been unfounded.
31. The Defendant and Jeremy Spaulding provide a more stable and
loving home life for the child as opposed to permitting the child
to reside with Scott G. Etnoyer, the Plaintiff and his mother.
32. The minor child has developed a very good relationship with
Zachary Spaulding and it would be detrimental to have Scott taken
from his mother's residence where he is developed a loving and
bonding relationship with his mother, Jeremy, and Zachary.
33. The Plaintiff does not have the capabilities to provide for
the health, education, and welfare of the child.
34. The Plaintiff has not stated any reasons whatsoever which
would show that there was any change in circumstances since the
stipulation was entered into by the parties and incorporated into
a court order on March 7, 1995 and signed by the 1I0uorable Judge
Lewis.
35. The Plaintiff committed other violent acts in the summer of
1995. The Plaintiff pulled the Defendant's fiance, Jeremy
Spaulding, from their automobile which caused a window to be broken
in the vehicle. The Plaintiff committed assaultive behavior
towards Jeremy Spaulding and this occurred in the presence of the
Defendant's son, Scott Gregory Etnoyer, Jr. Such violent acts in,
ii the presence of there child has affected his opinion of his father.
36. The Plaintiff was charged with some type of criminal offense,
of which the Defendant believes was criminal mischief, and the
Plaintiff did pay the costs to repair said window through an action
at the District Justice level. The Plaintiff appeared before
District Justice Judy.
36. The Defendant submits that Scott G. Etnoyer, Jr., the minor
child, wants to remain present with his mother at the current home
and under the current custody conditions.
EXHIBIT A
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SCO'l"!' G, E'l'llOYER, sn. I
PLJ\I 11'1'1 1'1' I
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IN THE COURT OF COtt!.t9".I
OF DAUPIIIN COUNTY, PI
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NO. SOB S 1993 ~'h.:.II~\
v.
MELIllDA R, SHITIl,
DEFENDAllT
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CUSTODY/VISITATION
.'
AND NOW, thitJ
!1'I'r PUTJI'PION
;r- of '"/I6d.
, 1995, the
Plaintiff and Defendiln\'lllgreo to
the following:
. .
"
Defendant
in the above-
: 1. The Nother, H~}nda R. Smith,
ca6tioned action, shal!'have primary physical custody of the
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'parties' minor child, Scott G, Etnoyer, Jr.
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, 2. The parties shall'share joint legal custody.
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3. The Father, Scott G, Etnoyer, Sr., Plaintiff in the
above-captioned action, shall have visitation with Scott G.
Etnoyer, Jr., every other weekend from Friday evening through
Bunday evening effective February 3, 1995,
4. Tho Father, Scott G. Etnoyer, Sr., shall have
visitation one ~ay throughout the week provided he gives Mother
a twenty-four (24) hour notice.
5. The Mother shall have primary physical cust~ of Scott
G. Etnoyer, Jr., for all holidays, but Father '~all have
liberal visitation rights and the partie a agree to alternate
the holiday vacations provided the Fathbr gives Mother notice.
6. This Stipulation l}hall supersede all prior Court
Orders.
7. Father nor Mother shall'remove the child to another
/.
state without providing
written notice.
the other party thirty (30)
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days
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EXHIBIT B
.
7. The hearing is expected to take 1 day,
8, Independent counsel should not be appointed for the
child,
9, Any Reports from appropriate agencies/experts:
Plaintiff: None.
D03fendant:
None.
10. Present status of custody and/or Visitation,
At present. the parties are ooeratinq under an
Order entered as a result of the Conciliation Conference
held on March 1. 1994 which resulted in the parties
havinq a stuu:ed_leqal and ohvsical cllst.odial-.iU:ranqemmJ,t
with the parents havinq custodv on an alternatinq weeklv
basis, This arranqement continues to date,
11, Reports from agenci.es/experts/home studies .recommended
by Conciliator:
From the Conciliator's perspective. psvcholoqical
evaluations would be beneficial to the Court in this
case: however. I am not certpin that eithel" party has
the financial rCBource~ t~~ for same,
....
-2-
12, Issues for resolution, and other additional relevant
information:
This matter is current Iv before the Court on
Father's complaint seekino o~marY ohvsical custody of
the pat"tIes' son. Scott. 'rhe matter has been before t~
Conciliator on at least three other occasions.
Father indlcated that he is sealdno Orimal"V
ohysical custodY of Scott. but had difficulty
articulatino whY he thouoht it would be in Scott's best
interest to varv the current arranoement, He indicated
that it was his belief that Mother had too manv
bovfriends and that Mother was introducino Scott to too
many different individuals. When I tried to discuss___
with Father how Scott was reactino to these contacts and
to determine whether Scott was haoov and well adiusted
with the present arranoement. he seemed unable or
unwillino to discuss the issue with me. In attemotino
to elicit this information. I asked him what he did with
Scott when he had him and he indicated "I take him to
bars and 00 drinkinq", At that ooint. I realized that
I would not be able to accomplish much throuoh a
Conciliation Conterence since it appeared to me that
Father simplv was not taklng the situation seriouslY,
Mother indicated that she had definite concerns
-)-
Exhibit C
SCOTT G. ETNOYER, SR"
Plaintiff
IN TilE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO, 508 S, 1993
CIVIL ACTION - LAW
CUSTODY
v.
MELINDA R. SMITH,
Defendant
ORDER OF COURT
AND NOW, to wit, this
c1..
~Mch
day of
1994, the parties and their respective counsel, having appeared for
a custody conciliation Conference on March 1, 1994, before the
Custody conciliator, Sandra L. Mei1ton, Esquire, and having reached
agreement with regard to the best interests and welfare of their
minor child, Scott G, Etnoyer, Jr., bor.n February 29, 1992, it is
hereby ORDERED AND DECREED as follows:
1, The parties shall share legal custody of Scott as
such is defined by 23 Pa. C,S:A, section 5301 et seq, .
2. The parties shall share physical custody of Scott
on the following schedule:
a. Beginning on Friday, January 7, 1994, Father shall
have custody of Scott from 3:00 p,m. through Friday,
January 14, 1994, at 3:00 p,m, At this time, Mother shall
assume custody .~f Scott through Friday, January 21, 1994, at
3:00 p.m,
This schedule shall thereafter rotate on this
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weekly basis, with the exception of (b) below, the parent has
custody for the full week.
b, Mother shall have custody of Scott on Wednesday,
January 12, 1994, at 3:00 p,m, through Thursday, January 13,
1994, at 8:00 a.m,; Wednesday, January 19, 1994, at 3:00 p.m.
through Thursday, January 20, 1994 at 8:00 a.m. Thereafter,
Wednesdays shall be alternated on this pattern,
3, All transfers of custody shall take place at the
residence of Scott's day care provider.
4, The parties will alternate the following major
holidays: Easter, Memorial Day, Fourth of July, Labor Day and
Thanksgiving, The custodial period shall run from 10:00 a.m.
through 8:00 p.m, 'I'he schedule shall begin with Mother having
Easter, 1994,
5. The Christmas holiday shall be divided into two
Segments, Segment A shall be December 24 at 12:00 noon through
December 25 at 12:00 noon, Segment B shall be December 25 at 12:00
noon through December 26 at 12:00 noon, commencing with December
1994, Father shall have custody during segment A and Mother during
Segment B, Thereafter, the parties shall alternate custody of
Scott in accordance ~ith the Segments,
,I. t
6. Father shall have custody of Scott on Father's Day
from 10:00 a.m, through 8:00 p,m. and Mother shall have custody of
Scott on Mother's Day from 10:00 a.m, through 8:00 p,m,
7. The holiday schedule shall take precedence over the
regular. custody schedule,
8, Both parties shall refrain from making derogatory
comments about the other party in the presence of Scott and to the
extent possible shall prevent third parties from making such
comments in the presence of Scott.
~
9. Whichever parent does not have custody of Scott on
Scott's birthday (whether it falls on February 28 or February 29),
shall have custody of Scott on February 27 from 10:00 a.m. through
8:00 p.m,
10, The parent who does not have custody of Scott in II
given week shall be entitled to reasonable telephone contact with
Scott, Contact shall be limited to one telephone call per day to
be made between 6:00 p,m. and 8:00 p,m.
11. To the extent possible, the parents shall deal
directly with their child and with each other and shall make every
EXHIBIT D
.... .
6, Father shall have custody of Scott on Father's Day
from 10:00 a.m. through 8:00 p,m, and Mother shall have custody of
Scott on Mother's Day from 10:00 a,m, through 8:00 p,m.
7. The holiday schedule shall take procedonce over the
regular custody schedule.
8, Both parties shall refrain from making derogatory
comments about the other party in the presence of Scott and to the
extent possible shall prevent third parties from making such
comments in the presence of Scott,
9. Whichever parent does not have custody of the child
.
on the child's birthday (whether it falls on February 28 or
February 29), shall have custody of the child on February 27 from
~.
~10:00 a,m. through 8:00 p,m,
'.
10. This matter shall be heard again by the Custody
Conciliator on the
1st
day of
March
, 1994,
at
9:30 a,m.
at the law offices of Hepford, Swartz & Morgan,
111 North Front street, Harrisburg, Pennsylvania.
1- ':7-'t...::..- 19 -:~ is a
, h8rebY certIfy tht ~plt1eo:~~~g original
tIUO and oorr"c
Med,
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p~~ia,y' ;$L
BY THE COURT:
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EXHIBIT E
MELINDA SMITH,
Petitioner
I COURT OF COMMON PLEAS
I DAUPHIN COUNTY, PENNSYLVANIA
: No, 3445 S 1995
CIVIL ACTION-LAW
PROTECTION FROM ABUSE
v,
SCOTT ETNOYER,
Respondent
22B Clearfield Ave,
Middletown, PA 17057
FINAL PROTECTION ORDER
AND NOW, this ,4~1~ay of August, 1995, upon agreement of
the parties without admitting nor denying the allegations and
without finding by the Court, the Respondent agrees to the
entering of the following Order:
1, The Respondent, Scott Etnoyer, shall refrain from
abusing, harassing, and/or threatening the Petitioner, Melinda
Smith, and/or the minor children: Scott Etnoyer - Age 3 1/2,
and/or placing them in fear from abuse any place they may be
found,
2, The Respondent is enjoined and prohibited from, living
at, entering or attempting to enter, or visiting at: 1402
Pineford Dr., Middletown, Dauphin County, pennsylvania 17057 or
at any subsequent address which Petitioner resides during the
pendency of this Order and the Petitioner is granted exclusive
possession and control of the premises,
3, The Respondent is prohibited from having any contact
with the Petitioner, and or the above named minor children,
including, but not limited to, entering or attempting to enter
the place of employment, business, or school of the Petitioner,
and/or the minor children, and/or harassing the Petitioners
relatives and/or the minor children, . "
4,
custody of the minor children, named above,
have (temporary custody) (partial
wit the bove namtt min r ~ldr
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5, The espo dent shall pay temporary suppo t ~pr t e
above named minor children in the amount of ~ cf~~ The
Petitioner must file a Complaint for Support n the Domestic
Relations Office of this county within two weeks of the date of e~
this Order. Failure to do so will terminate this temporary gr~n
fro support, In the event the Petitioner files a timely ,
Complaint of Support, Respondents obligation to pay this ~~~
temporary support shall continue until further Order of this ~ '
CO"", .~
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I Ol~ 6 The Respondent is directed to relinquish immediately I
~' , as well as any other weapons the Respondent may
have, The Respondent is hereby prohibited from acquiring any
weapons during the pendency of this Order, Said weapon(s) shall
be returned t~o the respoDdent or third party, upon proof of
ownership on -'~ / 17~Vt ,Any weapon (s) not claimed
within 400 days f th~ entry of this Order shall be escheat to
Dauphin County,
7, The Respondeilt is Ordered to m
to the Petitioner on or by
out-of-pocket financial losses
result of the abuse giving r
ayment of $
, for the following
by the Petitioner as a
Orderl
B. The
$ -0 ,
amo}lnt of, $
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9, The Respond~pt shall enter a Batterer Intervention
Program within /~ , days of this hearing, Moreover, the
Respondent shall provide the Court with written ~oof of
satisfactory completion of the program within i7CJ days of
this Order, if
10, The Respondent is dir ed to attend an alcohol and/or
drug treatment program and all provide proof of same to thi
Court,
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12. The Respondent is hereby notified that if s/he resume
residence is the Petitioners 'domicile contrary to this Order,
s/he may be found to be in Indirect Criminal Contempt which is
punishable by Q fine not to exceed $1,000,00, and/or a sentence
of up to sfx (6) months in jail, Consent of Petitioner to
Renpondents return to the residence shall not invalidate this
Order. The Respondent shall seek modification of this Order
before resuming residence in the petitioners home, wherever it
may be,
Respondent is Ordered to pay the amount of
f03 the ~titioners attorneys fees and the
0, 75 , for sheriffs service fees, on or
19~,
by
13, The Court shall servo a copy of this Order on the
Harrisburg Police Department and the Pennsylvania State Police,
A copy of this Order shall be placed forthwith in the county
registry of the Dauphin County Prothonotarya Office,
14, The Sheriff shall serve a copy of this Order upon the
Respondent, Failure to make such service Bhall not stay the
effect of this Order. Sheriff' costs shall be paid by the
Respondent.
15, This law enforcement officers, the staff of the
office maintaining the registry of the protection Orders,
the Court Personnel shall not disclose to Respondent,
Respondents counselor any third party, the CONFIDENTIAL
of any domestic violence program involved in this case or
CONFIDENTIAL address of Petitioner,
county
and
address
any
16, This Order shall be enforced by any law enforcement
agency in any Pennsylvania county where a violation of this Order
occurs.
~7' This Order shall r~ain in full force and effect through
bUfl~ ~ ' 19 ---,'L(P.'
BY THE COURT:
~t.N ~.>
. eann ne Turg
DISTRIBUTION I
Peti tioner
Respondent
Sheriff
Dauphin County Emergency Management, Attention I ROY Hyatt
Dauphin County Pre Trial Services
Victim Witness Program
Middletown Police Dept,
Pennsylvania State Police
File
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GDUlBERG. JATlIWl & SHIPIWI, P.C.
Plul J. Elpolfto ' 1.0. '25454
Attorneye for Pllfnt.ff
320E Hlrklt 5t,. P,O, So. 1268
Hlrrllburg, PA 17108,1268
<7171 234,4161
SCOTT G, ETNOYER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1939 CIVIL TERM
Plaintiff
v.
MELINDA SMITH,
CIVIL ACTION - LAW
CUSTODY/VISITATION
Defendant
APPIDAVIT OP SERVICE
COMMONWEALTH OF PENNSYLVANIA (
) sa:
COUNTY OF DAUPHIN (
Personally appeared before me, a Notary Public, in and
for said Commonwealth and County, PAUL J, ESPOSITO, ESQUIRE, who
being duly sworn according to law deposes and says that on May 2,
1996, he sent a certified copy of a Complaint for custody by
Certified Mail, Return Receipt Requested, Restricted Delivery, to
Melinda Smith, 150 Regency Woods, carlisle, PA 17013, and the
return receipt card signed by Melinda R. Smith, and shown as being
delivered May 4, 1996, is attached
hereto and made a part hereof.
/)(/ ( -/'
" 0..11/;:/ I (,
PAUL J. / E/il'OSITO, ESQUIRE
,.I I
Sworn to and subscribed
before me this 20th
otary P~
My commissio~ Expires:
tL",fllil' 'iUitl
vlc,nrltl Y. Ctllfl~t:'.t". Nolnry Public
H.II!I!,hwfl L~ I<lpl1'l1 COllnlv
!J\', liI"".,ll1'.I..plil~OCt 17.1998
.,...--
SCOTT G. ETNOYER,
Plalntllt
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
MELINDA SMITH,
Dafsndant
CIVIL ACTION, LAW
NO. 96-1939 CIVIL TERM
CUSTODY /VISIT A TION
AND NOW, this
~ ~~ ORDER
5 J -- day of
,
,_ , 1996, upon receipt of the
Conclllstor's Report, It appearing thst the psrtles ra hed a partlsl agresmsnt as to the
Issues raised at ths conciliation confsrsnce, It Is hsreby ordered and directed as follows:
1. The parties will submit thsmselvas and the minor child and anyone
elss suggestsd by the psychologist to s full custody evaluation. The custody
evalustlon will be completad by Stanlsy E. Schneider, Ed,D. Father will pay
the entire cost for the custody evaluation. Dr. Schneider is to submit his
findings to both partlss and counsel upon complstlon of the svaluatlon. In
the avant thst the partlss cannot reach sn sgreamsnt after receipt of Dr.
Schnslder's rssult, thsn aither party may petition for anothsr conciliation.
BY T/H7COURT.
/kt{ f~f{-
. JlVpaul J. Esposito, Esquire
~AttornsY for Plaintiff
Patrick F. Lauer, Jr., Esquire
"l\~~ Attornsy for Defendent
10 ,\ ~
~ mlb
p.J.
SCOTI' G. ETNOYER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-1939 CIVIL TERM
MELINDA SMITH,
Defendant
CIVIL ACTION - LAW
CUSTODY /VISITATION
ORDER OF COURT
AND NOW, this ~~ II, day of~, 1996, upon consideration of the
within Petition, it is hereby direeted that the parties and their respective counsel appear bcforc
Michael L. Bangs, Esquirc, the conciliator, at 302 South 18th Street, Camp Hill, PA, on the
t \,
, I
day of
" I
,;) ,,{t,,\ I) r,
, 1996, at .::; J" . m, for a Pre-hearing
Custody Conference.
-
~E COURT:
~ "
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,P:r." v 14#1
(I:"" ',\.'. "'I
SCOTT G. ETNOYER,
Plaintiff
vs,
I
)
)
)
I
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 96-1939 CiVIL TERM
MELINDA SMITH,
Dsfendant
CIVIL ACTION - LAW
CUSTODY/VISIT A TION
AND NOW, this
ORDER
...., ~'r'((- ^ r.' W),,-
'- 11 day of U l '- ,.-.' , 1996, upon recslpt of ths
Conciliator's Rsport, It appearing that the parties hsve agreed to the terms and provisions
of this Ordsr which was dictated in their presence and approvsd by them and their counsel,
It Is hersby ordsred snd directed that:
1. All prior orders In this cass are vacated.
2. The parties shsll shsre legsl custody of their minor child, Scott
Gregory Etnoyer, Jr., d.o.b. February 29, 1992.
3. Mother shsll hsve primary physical custody of the minor child
subject to psriods of psrtlsl custody and visitation with Fsther as follows:
A. On slternatlng weekends beginning on Frldsy at 6:00 p.m.
until Sunday at B:OO p.m. This alternstlng weekend schedule shall
begin on September 20, 1996.
B. Every Wsdnesdsy evsnlng from 6:00 p.m. until 8:00 p.m,
4. Ths parties shall share the time evenly on the msjor holidays,
those holldsys being defined ss Thanksgiving, New Yesr's Dsy, Esster,
Memorisl Day. Fourth of July, snd Labor Day.
"
6. The Defendant's position on custody is os follows: See ettached Ordor.
7. Need for soparate counsel to represent child: Neither party requested.
8. Need for Indopendent psychological evaluation or counseling: None
roquosted.
Date: Septembor 25, 1996
~&[. 'Ii', ,/
/ l' i. I
, " I I
\ Ii)' / . -l\.
Mlchasl L. Bangs /
Custody Conciliator .'
,
/
2