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OF COMMON PL. AS 0 THE
NINTH JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
Troy M. Gerhart, ) Civil Action - Law
Plaintiff , )
I
vs. I No. 2203 Civil 1998
)
Theresa Warren, )
Defendant, I Custody
PRE-TRIAL MEMORANDUM
A. Hlstorv ofJhe~.
Troy M. Gerhart, Plaintiff (Father) and Theresa Warren, Defendant (Mother) are
the natural parents of Trevor James Gerhart (the child), born March 16, 1998. Mother
and Father were not married at the time of the birth of the child but had had an
ongoing relationship for a number of years. They resided together on and off. Even
during times when they did not reside together, Mother and her daughter from a
previous relationship spent significant time, including overnight visits in the home of
Father and his son from a previous marriage. Father is the primary custodian and
single parent for his minor son, Travis. Father took custody of his minor son upon the
break up of his marriage when his son was approximately two years of age.
Mother and Father are both employed full-time by Hoffman Mills. They work the
same third shift schedules whereby they work seven days, with three days off, work
three days with one day off.
Though the parties were not living together at the time of the birth of their child,
Father was present with Mother for the birth and upon Mother and child's release from
the hospital, Mother and child returned with Father to Father's home. She remained
in Father's home for approximately two days. Then, because Father was returning to
work and Mother did not drive, Mother returned to her own home which she shared
with the child's maternal grandparents.
Father continued to see the child on a daily basis with Father spending time with
the Mother and child in Mother's home some days and with the Mother and child
spending time with Father in his home on other days. In April, 1998 Mother began to
refuse Father contact with the child and Father filed a custody action.
At Conolliatlon the parties were able to reaoh an agreement whioh provided that
they would share legal and physloal custody of the child. Shortly after the Conolllatlon
Conferenoe Mother and Father reoonolled and resided together until Ootober of 1998.
Upon separation Mother again refused Father all oontaot with the child and
Father flied the Custody Complolnt whloh now oomes before this Honorable Court.
Mother only allowed Father to see the child when Father brought the matter to the
Court on a Petition for Speolal Relief. On November 24, 19981hl6 Honorable Court
entared an Order providing periods of physioal oustody to Father to the date of
Conolllatlon.
At the Conolllation Conference Mother and Father were unable to reach lin
ultimate agreement. They did agree that pending further Order of Court Father's
periods of temporary physloal oustody would be expanded to provide that he would
have alternate weekends of oustody and a period cf overnight oustody on alternate
Wednesdays. In addition, It was ordered that the parties would share transportation.
And, that both parties would refrain from abusive or harassing oonduct during the
exohange of custody. Father had requested this provision to be a part of the Custody
Order as he had had to endure verbal abuse and harassing oomments from Mother and
maternal grandmother when he would go to plok up the ohild.
It Is not now and never has been Father's intention to take the child away from
Mother. However, Father is equally qualified as a parent and desires to be equally
Involved in his child's life. Father therefore is looking to share legal and physioal
oustody of the ohlld.
Defendant, Theresa Warren requested a Child Custody Evaluation ohooslng Mr.
Eugene Steoher as an Evaluator. Both parties oooperated with this Evaluation and
same was oompleted in Maroh, 1999. Mr. Steoher submitted a report and evaluation
to the parties on Maroh 26, 1999. Mr. Steoher Indioated that the results of the
evaluation supported Father's request for more time and responsibility with his son and
that the suggestion of alternating weekly periods of oustody with some time eaoh
week for the other parent was a reasonable approaoh to oustody. A oopy of Mr.
Steoher's Child Custody Evaluation of Maroh 26, 1999 is attaohed hereto,
Inoorporated herein and marked Exhibit A.
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Guidance Assod.ll\'s ull' A
Branch OUke
82 North Second 8t.
Chambersbutll. I'A 17201
f,uR.n.lI, SIKh... M.A.
l.lcon..d l'.yoholollll
U N,,,lh SfC(md St.
Chlmb",burl. PA 11101
(717) 163-9391
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S'"nl.y B. Schn.ld... Rd, 0,
DirK'or, Guld.nu A..od.loa
411 Erford ROld
Clmp 1111I. PA 17011
(717) 13H917
MHl'ch 26, IlNl)
CHILD CUSTODY EVALUATION
Jerry A, Weigle, Esq.
Lynn y, MacBride, Esq.
Regarding: Custody of Trevor James Gerhart,
age I, b. 3/16/98
Dear Attorney,q:
~
Introduction. I was originally contacted in this matter by Trevor's mother Theresa S. Warren,
age 28, b. 6/1170. Subsequent conversations with the attorneys led to an agreement to havo an
objective study of both parental homes, On the afternoon of March 17 a study was conducted at
the home of Trevor's father Troy M, Gerhart, age 29. b, 9/6/69, and the following afternoon a
study was conducted at mother's home, Dawn D. Watsl1ll1 tlge 20, b, 1/5/79, became a principal
in the study when it was apparent that she and father were engaged and living together full time
and that she was a significant caregiver, The child Trevor was present during both home study
visits. Also present at father's home following school was his SOli Travis Gerhart, age 8, b.
8/12/90, and at mother's home her daughter Brittany A. D'onofrio, age 7, b, 6/13/91 was present
after school. Also present at mother's home during the study were her father Basil Doyle and her
friend Kristie and Kristie's four children ranging in age Ihlln infancy to grade school.
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Allcssment Tools. Observation, Life History and Parenting Interviews and Questionnalres,
Millon Clinical Multiaxiallnventory, Questions l)ffamily members.
Current Parenting Arrangement. All three adults work the same shift pattern at Hoffman
Mills; 3PM to IIPM for three dllYs. a day on; IIPM to 7AM 101' seven days. three days off. This
works out to having off every other week-end. The child is currently in residence with mother the
majority of the time and is with falher on a cycle of one week-day overnight, one week-day, and
two overnights on a week-end. Father tells me that II conciliation order provides for "shared"
legal and residential custody. I have not seen the order. When sitting services are required for
mother, her parents or the next dool' neighbor are available, At flit her's home grandmother helps
with sitting. IInd there are two other fumilles IIvllilable when back-up is needed.
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Custody Goal. Mother proposes that the child remain in majority residence with her and that he
be in father's care two week-ends per month from Thursday noon until Sunday noon. She wishes
to eliminate current week-day time that flllls on Monday and Wednesday. Father wants to see an
equally shared residentialllrrangcmcnt, pl'efel'llbly 011 the basis of alternllting weeks rather than
,RECE1VEO ~\AR 2 9199B
Counseling' Psychological TestlnR ' Anger Management 0 Mediation/Custody I litigation
Exhibit A
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longer or shorter periods of time I h~ ~uggests u timc pclllld nom Sunday lJAM to Sunday 9AM
with the other parent havilll.l a lew hours tlmc on Tuesday III' Wednesday,
Custody Elperlflnce. Father advises that he has had primary custody of his SQn Travis since the
ohlld was age 2. Therllls a written legal agreement. Currently, Travis Is with his mother an
average of one overnight per month, Mother has primary custody of her daughter Brittany. She
sald, "We have legal papers, but we go on an InformuluJ'I'ungelllcrot," Brittany Is basically with
her father in Mechanlcsburg two wceks in the summer and at other times as may be arranged.
These times are determined primarily by Brittany. "We !lgured OUI..""Let It up to her."
Residence. Mother resides in the Shippensburg Area School District, and father resides in the
Chambersburg Area School District. Both homes have comfol1able living and sleeping areas and
adequate yards for play, A wide variety ofage appropriate toys and stuffed animals was evident
in both homes, Doth are located ill fairly low activity neighborhoods, Neither home has major
safety factors which would make one preferable to the other, However, there are some
differences in addition to school district location. Mother Is in a more dependent position. [I]
She lives with her parents and sister Anna (27), [2] She does not have a driver's license and relies
heavily on her father for transportation, [3J She "signed over" her home to her parents prior to
living with Troy from August to October of 1998, Hcr fllll1i1y hud lIctuaHy lived In this location
since she was in 10th grade, and in 1997 she had upgraded the single trailer to a doublewide in her
own name. [4] The layout of the home has resulted in Trevor's crib being placed In mother's
bedroom. [5] Mother Indicated that she could possibly move to her own residence by Spring of
next year. Father has lived at his current residence for almost seven years, and he indicates no
plans for moving. The second !loor is divided into two bedrooms with a small hall between.
Travis and Trevor each have their own room, Therc is a crib in Trevor's room.
Personal Background: Fathel'. Troy is an only child. He has some college credits "but then
Travis came along." He has been married once and divorced. His own parents divorced when he
was a young adult and his mother remarried, Troy has worked for Boffinan Mills for seven years,
and his current job title is "Head Tcchniciun" Troy enjoys lIutomobiles, camping, most outdoor
activities, riding bikes with Travis. visiting rcllltivesl lInd exdUlnging e-mllillllld surfing the
Internet. Troy was raised Catholic but claims no IIctive church IIftiliation, and he is not a member
of other organizations. Troy views himself as a social person, and he Is able to name friends.
Although he may at times in the past have used alcohol excessively, it has been well over a year
since he became drunk. He now drinks two beers in an average week, and just In the last month
he sold his beer tap. He does not hllve major helllth problems, and he does not take medications.
Mother was initially described as intellectual and ambitious, She has an MBA. Father was
Initially described as business oriented and logical. Father is a recovering alcoholic, but the
alcohol problem did not begin until after Troy had left home. The home environment was "not
emotional" except In reaction to wrong doing, and both parents emphasized education and hard
work, He named his peers as the source of his information IIbout sex when growing up. Troy's
long range goal is engineering and owning his own complIuy, consistent with his father's wishes.
Discipline occasionally involved a smack on the back side with the hand, but grounding was the
most common foml of punishment. Things were pretty good at home until age 10. Troy recalls
OAP/CustodyEvlIl/TrevorClerhlll'\ 3/992
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campinl and golllg out to eat and the parents coming to hls sportIng events. One tendency In hl.
parents that Troy wllltry to change with his own children Is "jumping to conclusions, presuming
guilt"
With regard to self.assessment as n negotiator, Troy said, "If someone disagrees, "I don't give
in.......try to persuade them." He views "determination" as one ofhls strongest characteristics,
and he may al,leasl occasionally speak out oftum and regret what he said.
Penonal Background: Mother', Theresa is the dalightel' of Judith Doyle, Her mother and
stepfather Basil Doyle have raised her since infancy, and she considers Basil to be her troC! father.
There are six half-siblings ranging in age /i'om 28 to 42, Theresa gl'llduated from high school with
an AIB average. She has been with her current employer almost 9 years, and before that she
worked In retail, including 4 years at K.Mart, Theresa enjoys music, dancing, movies, and
spending time with her children, She views herself as a social person and is able to name friends.
She does not have an affiliation with u church or other organizations. With regard to the use of
dntgs or alcohol she wrote "none" olin questionnaire During the interview she said, "I may have
one drink in front of me and never finish it," She docs not have major health problems, and she
does not take medications. During the period 1994.1995 she received counseling (Peggy Chlclo)
with her daughter Brittany for personal and family problems, She perceives that experience as
very helpful.
Theresa initially described both of her parents as good.hclll'lcd li'ank people who have always
been there for her, They were not critical people, nnd gl'Oullding was a common form of
discipline. Good childhood memories include family reunions, camping, going to the beach and to
Canada, and going to amusement parks, She named her parents as the source of her Information
about sex when growing liP, About life the parents would say things like, "Give it a chance.
Take the good with the bad, Don't give up," They gave her advice like. "Respect your elders,
and, "Never let anybody walk over you," They alwuys "wllnted beticI' lor me, not a factory," but,
"They're proud of me," Theresa was not able to think of any changes that she might make in her
parents way of raising her.
With regard to self-assessment as a negotiator, Theresa views herself as a "decent" person who is
a "good listener," but "naive." She said, "It depends on the situation, Usually I compromise.'!
She sees herself as "being there for people who are down and out"
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Penonl. Background: Dawn, Dawn is the daughter of Ronnie and Kathy Watson of Newburg.
There are two siblings, one older and one grade school age. Dawn has been employed at
Hoffinan MIlls for approximately 2 years, and she is also a student at the Harrisburg Area
Community College with a career goal of architectural engineering, and in thls respect she is close
to her father's wishes. Current class schedule is Monday and Wednesday, 7AM to I 2:30PM, and
Saturday SAM to IPM. Dawn's personal interests include computer drafting, collecting candles,
and playing with the children. She lists no church or organizational affiliations. She is able to
name friends. She does not use drugs or alcohol. There are no major health problems, and she
does not take medications.
GAP/CustodyEvalrrrevorGerhart 3/99 3
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Ihrough Ihe housll without his djap~r to help him Het OWl' a diaper 1'1I911, Another time, she and
Brittany bOlh commenled aboul a time when Trllvor "tlIppcd oul" ofthe playpen, aftcrwhloh
molher found whal he had been slandlng on and look Ihat objecl out ofthe playpen. Thele
commenls followed very critical rcmark~ aboul a Irophy failing oft' a shelf onlo Trevor al falher'1
house,
Developmental Obsllrvallons: I,'nlhel'. Falhel' 9tI"'ss~d 1\ om: yeul' old's nlled for phYlical
altenlion and basic care, He felt that the emotional need was less Ihanthlll ofhls 8 year old. He
stressed the child's knowledge and awareness of the parent, "He doesn't like 10 lee me leave the
room," Falher slressed talking to the child, making sure that the child has contact with all family
members, and arranging a stable predictable schedule of custody. He knows the Importance of
these things because, "I remember how it was for me in a bl'Okell family," Dawn added that the
environment should be calm and structured, that young children can sense tension and shouldn't
be exposed to adult screaming and yelling
Developmental Observations: Mother. Moth"'r stressed that nothing is more important than
giving attention, hugging, holding, rocking, and talking to the child. Even at this age reading is
very important. Since the child can cry but not say how he feelsl one nlleds 10 be very observant
and notice if the child might pull his ear 01' hold his stomach, She stressed being alert, nOlleaving
Ihe child alone, and nOlletting the child wander off. She stressed the need for good judgment
about who stays with the child. She emphasized hands-on activities and getting on the floor with
the child and doing musical and movement activities, She believes in having other children around
often.
Behavior Management Observations: .J<'ather. Father's basic statement was that Trevor "has
not been a problem," For Travis, five minutes of time out is the standard discipline. Dawn added,
"We're not big on inflicting pain for punishment.. ,..he understands the word 'no.'''
Behavior Management Observations: Mother. Using getting into cupboards as a boundary
setting example, mother said that she places Trevor in the playpen or else gets him distracted with
another toy or activity. When required to say "no," she makes sure that he has something else to
do. Discipline for Brittany may range from 5 minutes to 15 minutes oftlme.out. There are also
groundings from games, tapes, or toys, perhaps up to a week. "If she makes a mess, she helps to
clean it up."
Future Plans for the Child: FI\thel'. Grandmother hus some mom,y set aside for the children,
but, "We can't do alot tor them financially now," Falher envisions similar activities for Trevor as
for Travis who participates in art classes, the YMCA, the school soccer team; he also sometimel
attends Mass with the grandparents, Father recalled, "I was In every sport I could get Into." He
emphasized, "There needs to an inlerest other than just school. Other activities are a source of
friends, "
Future Plans for the Child: Mother. Mother mentioned a $10,000 life insurance policy and
health insurance coverage in addition to what her job provides. Brittany has an interest In soocer
and girl scouts, and she attends Bible school, and mother will support similar boy interests for'
GAP/ClIstodyEval/TrevorGerhllfl 3/99 6
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Trevor. Mother indloated that she was not able to get the paper work in on time for any sports
lotlvltl" thil Sprinll, and that had been a disappointment for Brittany, Brittany doea attend
danoes sponsored by the sohool at I lie Community Center (lnoe per month. Mother said that the
age range for this activily is Kindclgllltcllthl'Ollgh 5th grllde,
MCMI relultl. In my view the following observations about the adults are oonsistent with other
data In this report, The responses from rllther on this standard pel'8onaHty measure suggest that
he answered forthrightly wilhout excessive complaining and without unusual attempts to put
himself In a favorable light, He hilS an elevation on the scale which measures narcissistic qualltles.
There are likely times when he is viewed as excessive In manipulating others for selflsh purposes.
The responses from mother also suggest that she answered forthrightly. Scale elevatlons suggest
a dependent posture with regard to others along with excessive needs to be in oontrol. In other
words, she needs someone to do for her, but her feat.s make her want to oontrol that person at the
same time. In conjunction with father's narcissism, a rather intense battle ground has been
established. There is some SUgglJSlioll that mother hilS beelll'sther severely trllumatized by family
events in the last year: scales lor suspiciolllll1d distrust, emotional volatitlity, and subjective as
well as bodily anxiety symptoms are all at least marginally elevated.
The responses fi'om Dawn Watson also suggest that she answered forthrightly. Dawn has a
strong elevation on the scale representing need to be in control and a borderline elevation for
narcissistic qualities. Once again these lire traits which make resolution of conflict difficult rather
than easy. Dawn's insight, however, lllay II110w her to work toward preventing detrimental
effects; we recall that she expressed awareness of the difficulty that she has with control issues
and admitting to mistakes and short-comings.
Structured parenting responses, On a scale of poor/fair or good/excellent each of the adults
rated 30 situations in which a parenting decision was required, Percentage of agreement with
professionals who work with families occurred as follows: mother.. 90% (above average), father.
87% (above average), Dawn.. 73% (average). The scores suggest the potential for good
parenting decisions. Here are several examples:
All three thought that the following situation represened poor parenting: The parents are recently
separated, and father has 3yr old David on week-cnds.."f fix him something when he says he's
hungry....We go to be when he wllnts to sleep....1t's grelll when we're together."
All three thought that the following situation represented good parenting: 9 yr old Chris wets the
bed almost nightly. The parents have restricted liquids and have sought medical advice, but
nothing works. The parents are understanding and encouraging, and they give Chris the choice of
cleaning his own sheets or wearing liquid IIbsorblng underwear
There was no agreement on the rating of the following situation: 5yrs old Becky refuses to eat
dinner and must sit at the table for 15 minutes after everyone else finishes.
GAP/CustodyEvaUTrevorGerhart 3/99 7
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Methodology. Bllrry Bricklin in 'J'jleCUJiluUy EV.uJullIlull LlJlllduuuk (1995) speaks against what
he calls "tho negative Incldentlllodcl" which encourages purents to belleve that "the way to
prevail In a custody battle Is to have lots of'bad stories to tell about the other parent.. This model
encouruges the "so-called parent alienation syndrome" where "one parent deliberately sets out to
alienate a child from the other parent," It Is far better to say, "I will listen to your concerns and
worries," but, "I am far more Interested in Ineasuring how successful you are at being II parent.....
spend II lot more time think InK Ilbout how \() be a beller purenlllnd a lot less time creating bad
things to say IIbout YOUI' opposition" (xiii-xiv). One assumption in that, barring extreme behaviors
such 88 physical abuse or drug addiction, each partner bears a large part of the responsiblllty for
the problems between the adults, Bricklin's suggestion to focus on parenting rather than character
assasination Is widely accepted by custody evaluators as representing the best professional
approach to reaching conclusions and recommendations that are in the best interests of the child.
This case is similar to the circumstances which Bricklin addresses, There are many parental
accusations and concerns amounting to a long list of "he said, she said" statements which are
objectively unveriflable, one parent's word IIgainst the other's. I could list them and comment, but
this would be a counterproductive step which would only serve to escalate conflict and to
reinforce each parent's prejudices toward the other, The only objectively verillable concern tha~ I
am aware of is motherls lack of a driver's license, She acknowledges that this is true, but she does
have a driver's permit.
Evaluation Summary. An "x" under the one parent's name indicates that the evaluator has given
a category competence edge to that parent. If the spece Is blank, no advantage Is attributed. If
the space contains a"?," serious consideration was given to uttributing an edge to that parent. If
each parent has an "x" no edge hilS been given, The number lifter each category is a weight score,
with the greatest weight given to the areas of objective measurement and hands-on child
management.
Miscillaneous (1)
Residence
Independent Living
Previous Custody Experience
Mother E.a11w
x x
x
x x7
!>>ersonal Hlstol}' (2)
Positive Developmental Experiences
Positive Relationship Model
l<
X
x
x
Self-Assessment (3)
Verbalized Developmental Knowledge
Verbalized Behavior Management
Verbalized Planning
x
x
x
)(
11,7
Standardized Assessment (4)
Functional Personality Traits
Freedom from Anxiety, Depression. Angel'
x
x'
x
OAP/CustodyEval/TrevorGerhllrt 3199 8
NINTH JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
Defendant,
) Civil Aotlon . Law
I
)
) No. 2203 Civil 1998
)
)
I Custody
Troy M. Gerhart,
Plaintiff ,
vs.
Theresa Warren,
.
PRE-TRIAL MEMORANDUM
A. History of the Case.
Troy M. Gerhart, Plaintiff (Father) and Theresa Warren, Defendant (Mother) are
the natural parents of Trevor James Gerhart (the ohild), born Maroh 16, 1998. Mother
and Father were not morried at the time of the birth of the ohlld but had had an
ongoing relationship for a number of years. They resided together on and off. Even
during times when they did not reside together, Mother and her daughter from a
previous relationship spent significant time, including overnight visits in the home of
Father and his son. from a previous marriage. Father is the primary custodian and
single parent for his minor son, Travis. Father took custody of his minor son upon the
break up of his marriage when his son was approximately two years of age.
Mother and Father are both amployed full-tlma by Hoffman Mills. They work the
sama third shift sohedules whereby they work seven days, with three days off, work
three days with one day off.
Though the parties were not living together at the time of the birth of their ohild,
Father was present with Mother for the birth and upon Mother and child's release from
the hospital, Mother and child returned with Father to Father's homa. She remained
in Father's home for approximately two days. Then, because Father was returning to
work and Mother did not drive, Mother returned to her own home which she shared
with the child's maternal grandparents.
Father continued to see the child on a daily basis with Father spending time with
the Mother and child In Mother's home some days and with the Mother and child
spending time with Father in his home on other days. In April, 1998 Mother began to
refuse Father contact with the child and Father filed a custody action.
At Conciliation the parties were able to reach an agreement which provided that
, they would share legal and physical custody of the child. Shortly after the Conciliation
Conference Mother and Father reoonclled and resided together until October of 1998.
Upon separation Mother again refused Father all contaot with the child and
Father filed the Custody Complaint which now comes before this Honorable Court.
Mother only allowed Father to see the child when Father brought the matter to the
Court on a Petition for Special Relief. On November 24, 1998 this Honorable Court
entered an Order providing periods 01 physical custody to Father to the date of
.
Conciliation.
At the Conciliation Conference Mother and rather were unable to reach an
ultimate agreement. They did agree that pending further Order of Court Father's
periods of temporary physloal custody would be expanded to provide that he would
have alternate weekends of custody and a period of overnight oustody on alternate
Wednesdays. In addition, it was ordered that the parties would ahare transportation.
And, that both parties would refrain from abusiva or harassing conduct during the
exchange of custody. Father had requested this provision to be a pllrt of the Custody
Order as he had had to endure verbal abuse and harassing comments from Mother and
maternal grandmother when he would go to pick up the child.
It is not now and never has been Father's intention to take the ohlld away from
Mother. However, Father is equally qualified as a parent and desires to be equally
Involved in his child's life. Father therefore is looking to share legal and physical
custody of the child.
Defendant, Theresa Warren requested a Child Custody Evaluation ohoosing Mr.
Eugene Stecher as an Evaluator. Both parties cooperated with this Evaluation and
same was completed in March, 1999. Mr. Stecher submitted a report and evaluation
to the parties on March 26, 1999. Mr. Stecher Indicated that the results of the
evaluation supported Father's request for more time and responsibility with his son and
that the suggestion of alternating weekly periods of custody with some time each
week for tne other parent was a reasonable approach to oustody. A copy of Mr.
Stecher's Child Custody Evaluation of Il'1arch 26, 1999 is attached hereto,
Incorporated herein and marked Exhibit A.
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" ~rt("or, Guidance Allotlafes
Ii m Erford Rood
Clmp HIli. r... 17011
(717) 7JZ.Z917
Guidance Associates of PA
Branch Office
82 North Second St.
Chambersburg, PA 17201
March 261 1999
Eu,.n. H, SIIChlr. M.....
ll<tn..d I',yehololl'l
IZ North Steond SI.
Chlmbmburl. P ^ 17Z01
(717) Z6J.9J9Z
CHILD ClJSTODY EVALUATION
Jerry A. Weigle, Esq.
Lynn Y. MacBride, Esq.
Regarding: Custody of Trevor James Gerhart,
age I, b. 3/16/98
~
Dear Attorneys:
Introdnctlon. I was originally contacted in this matter by Trevor's mother Theresa S. Warren,
age 28, b. 6/1/70. Subsequent conversations with the attorneys led to an agreement to have an
objective study ofbo'l] parental homes, On the afternoon of March 17 a study was conducted at
the home of Trevor's iilther Troy M, Gcrhart, age 29, b, 9/6/69, and the following afternoon a
study was conducted at mother's homc, Dawn D. Watson, age 20, b. 1/5/79, became a principal
in the study when it WIIS apparent that she and flit her were engaged and living together full time
and that she was a significant caregiver. The child Trevor was present during both home study
visits. Also present at father's home following school was his son Travis Gerhart, age 8, b.
8/12/90, and at mother's home her daughter Brittany A. D'onofrio, age 7, b. 6/13/91 was present
after school. Also present at mother's home during the study were her father Basil Doyle and her
friend Kristie and Kristie's four children ranging in age from infancy to grade school.
Allessment Tools. Observation, Life History and Parenting Interviews and Questionnaires,
Millon Clinical Multiaxial Inventory. Questions of family members.
\',
Current Parenting Arrangement. All three adults work the same shift pattern at Hoffinan
Milis: 3PM to II PM for three days, a day on; J 1 PM to 7 AM for seven days, three days off. This
works out to having off every other week-end. The child is currently in residence with mother the
majority of the time and is with father on a cycle of one week-day overnight, one week-day, and
two overnights on a week-end. Father tells me that a conciliation order provides for "shared"
legal and residential custody. I have not seen the order, When sitting services lire required for
mother, her parents or the next door neighbor are. available. At father's home grandmother helps
with Gitting, and there are two other families available when back-up is needed.
Custody Goal. Mother proposes that the child remain in majority residence with her and that he
be in father's care two week-ends per month from Thursday noon until Sunday noon. She wishes
to eliminate current week-day tlme that falls on Monday and Wednesday. Father wants to see an ( ,
equally shared residential arrangement, preferably on the basis of alternating weeks rather than
,RECE1VED ~lAR 2 9 1999
Counseling · Psychological Testing' Anger Management · Mediation/Custody. litigation
Exhibit A
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longer or shorter periods of lime, He slI!!!!eS15 a lime period /i'OIn Sunday 9AM to Sunday 9AM
with the other parent having a few hours lime on Tuesday or Wednesday.
Custody Elperlence. Father advises that he has had primary custody of his son Travis since the
child was age 2. There is a written legal agreement. Currently, Travis is wlth his mother an
average of one overnight per month, Mother has primary custody of her daughter Brittany. She
said, "We have legal papers, but we go on an informal arrangement." Brittany is basically with
her father in Mechanicsburg two weeks in the summer and at other times as may be arranged,
These times are determined primarily by Brittany. "We figured oul......Letlt up to her."
Residence. Mother resides in the Shippensburg Area School District, and father resides In the
Chambersburg Area Schooll'Jistrict. Both homes have comfortable living and sleeping areas and
adequate yards for play, A wide variety of age appropriate toys and stuffed animals was evident
in both homes. Both are located in fairly low activity neighborhoods. Neither home has major
safety factors which would make one preferable to the other. However, there are some
differences in addition to school districtlocalion. Mother is in a more dependent position. [I)
. ' She lives with her parents and sister Anna (27). [2] She does not have a driver's license and relies
heavily on her father for transportation, (3) She "signed over" her home to her parents prior to
living with Troy from August to October of 1998. Her family had actually lived in this location
since she was in 10th grade, and in 1997 she had upgraded the single traller to a doublewlde in her
own name. [4] The layout of the home has resulted in Trevor's crib being placed In mother's
bedroom. [S) Mother indicated that she could possibly move to her own residence by Spring of
next year. Father has lived at his current residence for almost seven years, and he indicates no
plans for moving. The second floor is divided into two bedrooms with a small hall between.
Travis and Trevor each have their own room, There is II crib in Trevor's room.
Personal Background: Father. Troy is an only child, He has some college credits "but then
Travis came along," He has been marded once and divorced. His own parents divorced when he
was a young adult and his mother remarried. Troy has worked for Hoffinan Mills for seven years,
and his current job title is "Head Technician" Troy enjoys automobiles, camping, most outdoor
activities, riding bikes with Travis, visiting rt1lutives, und exchungillH e.mail and surfing the
Internet. Troy was ralsed Catholic but claims no active church affiliation, and he Is not a member
of other organizations. Troy views himself as a ~ocial person, and he is able fo. name fiiends.
Although he may at times in the past have used alcohol excessively, it has been well over a year
since he became drunk. He now drinks two beers in an average week, and just In the last month
he sold his beer tap. He does not have major health problems, and he does not take medications.
Mother was Initially described as intellectual and ambitious. She has an MBA. Father wu
Initially desclibed as business oriented and logical. Father is a recovering alcoholic, but the
alcohol problem did not begin until after Troy had left home. The home environment wu "not
emotional" except in reaction to wrong doing, and both parents emphasized education and hard
work. He named his peers as the source of his Information hbout sex when growing up. Troy's
long range goal is engineering and owning his own company, consistent with his father's wlshes.
Discipline occasionally involved a smack on the back side with the hand, but grounding wu the
most common form of punishment, Things were pret,ty good at home until age 10. Troy recalls'
GAP/CUslOdyEval/TrevorGerh.J'l 3/992
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WI" ""'"' " ..If.......",,, '" "''';''''. Tmy "'d. "/I' "'"'''' dl,_ 'I don' "'..
.........lry '0 P""'d""",." H""w. "dOl""""d.., .. on, of hi, ..,,_ ~
and he may at least occasionally Speak out oftum and regret what he said.
p-'oJ B"......d' MOlb". Th,,,.. I..h, d".h,,, .f I.dl.h DOfI,. H" ""h" "d
"'pM" B.." D.'I'.... ..,..d I., ."" ,"'"", "d .h, "'.;d", B"'11o ho h" 00, f..""
"""'.... h.f..'I/"" ''''''",I. ..' .." 28 10 42. Th..... "'d..... '." high oohOOlwitb
.. AIB ,,".... Bh,... b.., w," h" ""'" ..pl_ ....., 9 ''''', ..d ""'" 'h" ...
wo....I. "'"", ....d... 4 y"", .. K."",. Th..... ..;oyo mu.. d..."" """" ""
'P"'""" d", w,,, hot "did .... Sf"" 'WI h""'f.. . ..". p..... ..d I. "Io 10 ..'" /H,...
'ha d,,,,.,, ha",.. "lil'..,.. wilh . 'h'''h .. "h" .._..,.... WI,h "",",10 lh,.... of
....... ,I"h.lob, w"" "00'" .. · """"'''''' D"""" ," I""",ow ob, "d, '" ""y ha..
- .'" d""" I. '0", of"" "d "'" l/oI,h ,,' Sf. d." ... h... ,"ti.. ".Jth p_"" "d ...
d... '" ."". "odJ",.... D,""" th, poiod 1994.1 90S ob, ..,."", ..""..... (/'osoy Ch/oJo)
wI'b h" d.."",,, BlIll", Il" p...,.. "d """Iy pm'/om, Sb, -""ha, "'POri"", ..
very helpful.
Tho,... 101",,,, d","hod '''h '1'1", P''',,, .. 'OOd.h".., .... ...~, who h... .w,yo
""" 'h"'lb, bot. rboy.." 00' cr,.,,,, "'"P", "d ,roWIdJ.. w.., ......./bno of
dl"'~.... Good obJld.... "'''''i.. 'oo'odelbmJjy ...01000, _"." ..... 10 .'" ""'" ..d 10
C","", and 101"" ,. ,,,,,,,,,,., pOlk.. S"..... "" _, .. th, ...... of"" lo/lmo,'on
""or "" wb" .row'"",p Ab,,,,, I/f, 'h, """, w,"Id.., """" /I" '01../1. """'-
rok"h, .ood wI'h 'h, hOd Doo', .;" .p" Tho",,, b" Od,;" I/k,. "R"p",,..,, old..
..d, "N"" ,. "'bod, w./k "" ".' Th.y.I"" '"",,,, bOlIo' Ib, me, "" . &o"Y," ""',
'T""" ",..d .f m,.' Th",u.u '" 'bI, ,. II,ok .J' '" "'..." "'" ob, ""h' _ Jo h.
parents way of raising her.
WI'h """' '0 ..f...._... .. . "'''''''', Th",u "ow. h"'.f.., 'd""" ".,... who "
· "'od /I."."... 1m, "'oJ..." Sh. ../d, .." d,P'"d....'" .,.",... U."./Iy! ""''''''''' '
She sees herself as "being there fol' people who are down snd out."
-... B...."'..., D."" D,.. I. th, "'""''' of....., and I<oth, w_ of"""",,,
""'" .. lwo o/hJI.... on, .Id" ..d ... .~d, oohoo'... Dowo....... _,... .
Hofflo.. MIl,. "" ,,"'.....,., , '''''. ..d .h, " .... , .""", " .'" lIoni.bwJ ....
C"""""" Col/.., wi.h , "~lOot ."" .f ",Id""o~' .."'''''.., ..d " thJ, ""'" ... .. "'"
10 "" &th.... wi..... C,,"", 'I.., ..h,d.',;. MOOd., ,"d W.....d", 7AM 10 12"llPM. ""
S."""'AM ,. 'PM. D.WO', "'''''' '''''''''I'''od' """,,,, ""..... ..,""""..."'"
..d p/oyJ"" wi'" th, """".. Sh, "". .. "'''''' .. .""""""" 1ll!lJJ,..... ..... "" 10
..., m..d.. Sh, .... 'Ol "" dN" ...,..bol. TJ... me.. """', h"", _, "" ...
does not take medications,
GAPICustodYEvaVTrevorGerhart 3/99 3
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Dawn initially described her moth~r as a homemaker, fbmil}' oriented, and emotionally there for
the ohlldren. She Initially desoribed her father as a very bright logical oalm person with a strong
Interest In eduoatlon, and who Is a good role model. A good family memory is eating ice cream
together after doing yard work. The parents provided advice like, "First make sure you have the
necessities: job, residence, vehicle," and "Number one has to look out for number one." Dawn
recalls that her mother was the source of her information about sex when growing up. Money
was given as a reward at home. The environment could be critical. Punishment for wrong doing
might take the form of extra chores such as raking leaves for a month, or it might take the form of
withdrawing attention such as not talking for a day. The thlng that Dawn would change about her
parents' way of raising her is "the feeling that I wasn't allowed to make a mistake. H
-.,:'
With regard to self. assessment as a negotiator, she said, "I give in when I'm proven wrong and I
understand where the other person is coming ITom." She said, "1 don't want to hurt people." At
the same time it is difficult to admit being wrong because she finds it hard to accept making
mistakes.
'.
Observation: Father's Home. The child was sleeping in father's arms when I arrived. The TV
remained on low sound on the Nickelodeon channel throughout my visit. When I asked the adults
to complete some written materials, the child awakened without becoming cranky, and he toddled
back and forth between rooms drinking juice and playing with a balloon. He also crawled with
wheel toys across the floor. He would occasionally receive attention from an adult, but he was
not demanding. He smiled easily, and the adults were gentle, attentive, and responsive. Father
took time to hold Trevor on several occasions. At one point Trevor got to close to the TV and
shelving, and Dawn assumed responsibility for getting him away,
The adults agreed to place the child in the high chair and give him a cookie snack. Trevor's
manner remained very pleasant and positive. The adults verbalized with the child as he sat in the
high chair, and Trevor moved back and forth in a "dance" motion. Dawn completed her work
first, and then spent time with Trevor in the kitchen, and there was a lot of humorous banter
between them. Dawn was physically interactive and playful with Trevor. She began a diaper
change whlch father came and finished as he compl~ted his paper work.
Travis came home after s/;hool, and the interaction between the two boys went rather smoothly
across the final hour of my stay. Travis presented as respectful and gentle mannered. The adults
would occasionally intervene with suggestions to Travis about how to play with the child. Trevor
raised his voice in mild compctitiw prot~st 011 two or thre~ brief occasions which the adults
immediately monitored.
The Interactional style of father nnd Dawn was initially guarded, and they felt the need to
minimize Dawn's role, probably due to their perception ofmothr.r's feelings. They relaxed more
as time went along. For the most part they remained focused on the examiner's questions and
participating in the evaluation. There were tim~s, howeverl when both succumbed to iMer
pressures to make observations, comments, or criticisms about mother without waiting to see if
the evaluation would event'Jally address their C9ncerns. Dawn expressed more overt sympathy
OAP/CuslodyEval/TrcvorO~rhart 3/9<) 4
than father, and she made remarks about understanding that mother's emotions were very upset
right now.
Observation: Mother's home. When I arrived Trcvor was in his playpen in the living room and
seemed to alternate between dozing off and drinking his juice. Mother held him for awhile during
the initial interview and then placed him back in the playpen which she completed her paperwork.
The TV remained on low sound on a movie channel during my stay. Father and mothel's friend
Kristie remained in the living room a large part of the time, and Kristie's children played in another
room. During this time I asked Mr, Doyle about mother and child living there, and he said, "I
hope they never leave." He funher talked about how he helped out with transportation.
Mother finished her paperwoFk and then changed Trevor's diaper. Fot. a time Trevor sat with his
grandfather while I interviewed mother, but mother eventually broughtlilin out to the kitchen
where he sat in a high chair and had a snack. I obselVed the same smiling and dancing behavior 81
at father's. Overall to this time 1n my visit 1 would describe the child as "mildly" whining and
restless when interacting with mother and grandfathcr, Whether or not an appointment with the
~ doctor that moming had something to do with the behavior, I'm not sure. Mother commented
that she was "waiting until he felt 100% better" before having his birthday party.
Brittany arrived home after school and was anxious to talk to her mother about the day's
activities, and there appeared to be a spontaneous and expl'essive relationship between them. For
a time Brittany took Trevor into an adjoining room while I completed the interview, but in a short
time the two were back and Brittany was enjoying her mother's company. One question that I
asked Brittany was how she determined when to get In touch with her father. She was not able to
give a specific answer.
The Interactional style of mother was talkative and anxious, frequently with minimal insight.
, Mother engaged in a stream of comments, observations, and criticisms of father and Dawn to the
point that sometimes it seemed as if! were interrupting with interview questions. Even in the last
five minutes of my stay I had to ask to be allowed to finish my sentence, and again I found myself
interrupted before I finished.
I am not sure how clearly mother saw herself as being a central part oflhe evaluation; it was as If
she viewed the others as ""ing evaluated and herself as going through the motions, I!S she seems
absolutely sure that the blame for the current family clrcumstances lay solely with father IlIId that
the evaluation would appropriately reprimand him, limit his time with the child, and recommend
that he needs counseling.
Toward the end of the evaluation J made the commcnt that lor the linnl 20 or 30 minutes I hoped
to observe the children and mothel' playing together, llutthUl remark did not seem to register,
and for the rest of my stay Trevor remained in the high chair, mother and daughter talked, and I
asked questions as I was able.
At other times comments were made about parenting that mother didn't seem to realize could be
construed as putting her in a negativc light. For cxamplc. shc spoke ofaUowlng Trevor to run
GAP/CustodyEval!rrevorGerhart 3/99 5
through the house without his diapdr to help him get OWl' a diapllr rash. Another time, she and
Brittany both commented about a lime when Trevor "tIipped out" of the playpen, alterwhlch
mother found what he had been standing on and took that object out of the playpen. These
comments followed very criticnl remarks about a trophy failing off a shelf onto Trevor at father's
house.
'/"-,'"
,'-N
Developmental Observations: Flllher" Father strdsSdd a ond ytlllr old's need for phy~ical
attention and basic care, He felt that the emotional need was less than that of his 8 year old. He
stressed the child's knowledge and awareness of the parent, "He doesn't like to see me leave the
room." Father stressed talking to the child, making sure that the child has contact with all family
members, and arranging a stable predictable schedule of custody. He kn'ows the importance of
these things because, "I remember how it WIlS for me in a broken family," Dawn added that the
environment should be calm and structured, that young childi en can sense tension and shouldn't
be exposed to adult screaming and yelling
Developmental Observations: Mothel'. Mother stressed that nothing is more important than
· giving attention, hugging, holdingl rocking, and talking to the child, Even at this age reading is
very important. Since the child can cry but not say how he feels, one nedds to be very observant
and notice if the child might pull his ear 01' hold his stomach, She stressed being alert, not leaving
the child alone, and not letting the child wander off. She stressed the need for good judgment
about who stays with the child. She emphasized hands-on activities and getting on the floor with
the child and doing musical and movement activities. She believes in having other children around
often.
Behavior Management Observations: Father. Father's basic statement was that Trevor "hu
not been a problem," For Travis,five minutes of time out is the standard discipline. Dawn added,
"We're not big on inflicting pain for punishment.....he understands the word 'no.'"
Behavior Management Observations: Mother. Using getting into cupboards as a boundary
setting example, mother said that she places Trevor in the playpen or else gets him distracted with
another toy or activity. When required to say "no," she makes sure that he has something else to
do. Discipline for Brittany may range from 5 minutes to 15 minutes of time-out. There are also
groundings from games, tapes, or toys, perhaps up to a week. "If she makes a mess, she helps to
clean it up."
Future Plans for the Child: FlIther. Orllndmother has surne money set aside for the children,
but, "We can't do a10t for them financially now," Father envisions similar activities for Trevor u
for Travis who participates in art classes, the YMCA, the school soccer team; he also sometimes
attends Mass with the grandparents, Father recalled, "I was in every sport I could get into." He
emphasized, "There needs to an interest other than just school. Other activities are a source of
friends."
Future Plans for the Child: Mother', Mother mentioned a $10,000 life insurance policy and
health insurance coverage in addition to what her job provides. Brittany has an interest in soccer
and girl scouts, and she attends Bible school, and mother will support similar boy interests for
OAP/CustodyEvaVTrevorG(Jrhart 3/996
\.
.
.
"
Trevor. Mother Indloated that she was not able to get the paper work In on time for any sports
activities this Spring, and that had been a d13appolntment for Brittany, Brittany does attend
danoes sponsored by the school lit the Community Center onoe per month. Mother said that the
age range for this activity Is Kindergarten through 5th grade,
MCMI resuhs. In my view the following observations about the adults are oonslstent with other
data In this report, The responses from father on this stlUldard personality measure suggest that
he answered forthrightly without excessive complaining and without unusual attempts to put
himself in a favorable light. He has an elevation on the scale which measures narcissistic qualities.
There are likely times when he is viewed as excessive in manipulating others for selfish purposes.
The responses from mother also suggest that she answered forthrightly. Soale elevations sllggest
a dependent posture with regard to others along with exoesslve needs to be in oontrol. In other
word8, she needs someone to do for her, but her fears make her want to oontrol that person at the
same time. In conjunotion with father's narcissism, a rather intense battle ground has been
established, There is some suggestion that mother has been rather severely traumatb:ed by family
.. events in the last year: scales for suspicion and distrust, emotional volatitllty, and sub.lective as
well as bodily anxiety symptoms are all at least marginally elevated.
j
r
The responses from Dawn Wlltson also suggest that she answered forthrightly. Dawn has a
strong elevation on the scale representing need to be in control and a borderline elevation for
naroissistic qualities. Once again these are traits which make resolution of confliot diffioult rather
than easy. Dawn's insight, however, may allow her to work toward preventing detrimental
effeots; we reoall that she expressed awareness of the diffioulty that she has with oontrol issues
and admitting to mistakes IInd short-comings.
Structured parenting responses, On a scale of poor/fa,ir or good/exoellent eaoh of the adults
rated 30 situations in which a parenting decision was required, Percentage of agreement with
professionals who work with families ocoulTed as follows: mother - 90% (above average), father -
87% (above average), Dawn - 73% (average). The scores suggest the potential for good
parenting decisions. Here are several examples:
All three thought that the following situation represened pOol' parenting: The parents are recently
separated, and father ha:13yr old David on week-ends"" "I fix him something when he says he's
hungry....We go to be when he wants to sleep.. "It's great whlln w.,'re together."
All three thought that the following situation represented good parenting: 9 yr old Chris wets the
bed almost nightly. The parents have restricted liquids and have sought medical advice, but
nothing works. The (iarents are understanding and enoouraglng, and they glv\! Chris the choice of
oleanlng his own sheets or wearing liquid absorbing underwear,
There WllS no agreement on the rating of the following situation: Syrs old Becky refuses to eat
dlMer and must sit at the table for IS minutes after everyone else finishes.
GAP/CustodyEvallTrevorGerhart 3/99 7
"~'
I;
/
Methodology. Barry Brick!ln In The CUSI~vujulllion Handbook (1995) speaks against what
he calls "the negative incident model" wWch encourages parents to believe that "the way to
prevailln a custody battle is to have lots of bad stories to tell about the other parent.. This model
encourages the "so.called parent alienation syndrome" where "one parent deliberately sets out to
alienate a cWld from the other parent." It is far better to say, "I will listen to your concem3 and
worries," but, "I am far more interested in measuring how successful you are at being a parent.....
spend a 101 more time thinking about how 10 ba a bellaI' parenl and II lot less time creating bad
tWngs to say about your opposition" (xiii.xiv). One assumption is that, barring extreme behaviors
such as physical abuse or drug addiction, each panner bears a large pan of the responsibillly for
the problems between the adults. BrickJin's suggestion to focus on parenting rather than character
assasination is widely accepted by custody evaluators liS representlng the best professional
approach to reaching conclusions and recommendations that are in the best interests of the cWld.
.
"
.
r';'
TWs case is similar to the circumstances wWch SrickJin addresses. There are many parental
accusat!ons and concerns amounting to a long list of "he said, she said" statements which are
objectively unverifiable, one parent's word against the other's. I could list them and comment, but
tWs would be a counterproductive step which would only selve to escalate conflict and to
reinforce each parent's prejudices toward the other, The only objectively verifiable concern that I
am aware of is mother's lack of a driver's license, She acknowledges thattWs is true, but she does
have a driver's pennit.
.
Evaluation Summary. An "x" under the one parent's name indicates that the evaluator has given
a category competence edge to that parent. If the space is blank, no advlllltage is attributed. If
the Space contains a"?," serious consideration was given to attributing an edge to that parent. If
each parent has an "x" no edge has been given, The number after each category is a weight score,
with the greatest weight given to the areas of objective measurement and hllllds.on child
management.
Miscillaneous (I)
Residence
Independent Living
Previous Custody Experience
Mother
x
Eathm:
X
X
x1
"
Perscmal Histnl:X (2)
Positive Developmental Experiences
Positive Relationship Model
x
'X
X
X
Self.Assessmel1l (3)
Verbalized Developmental Knowledge
Verbalized Behavior Management
Verbalized Planning
x
x
x
x
x7
Standardized Assessment (4)
Functional Personality Trllits
Freedom from Anxiety, Depression, Anger
x
x
x
GAPICustodyEvaJ/TrevorGerhal1 3/99 8
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
Troy M. Gerhart,
Plaintiff
Civil Action - Law
vs.
No. 2203 Civil 1998
Theresa Wamm,
Defendant
Custody
PRE-TRIAL MEMORANDUM
I. Custody History
The minor child, Trevor James Gerhart, was born out of wedlock on March 16, 1998, to
Theresa S. Warren, the Defcndant, and Troy M. Gerhart, the Plaintiff. Prior to the child's
birth, the parties had an on-again, off-again relationship for several years. After Ms.
Warren became pregnant, the parties' relationship continued, but the Plaintiff showed
little or no interest in her pregnancy. At times, he was cnlel and verbaily abusive. The
parties at times lived together, but they were not living together when the child was born.
Ms. Warren's father, Bazil Doyle, brought her to the hospital to deliver the child.
Ms. Warren and the Plaintiff had numerous arguments at the hospital. In particular, there
was an argument about whether Ms. Warren would return to the Plainti ffs home after
being released from the hospital.
Ms. Warrcn did return to the PlaintilTs home, but for only a day. She returned to her own
home to care for the newborn child, her daughter and at times the Plaintiffs older child,
Travis. The parties continued to argue, particularly about acting as a family and doing
things as a family. Throughout this period of time Ms. Warren was the primary caregiver
for the chi Id and thc Plainti 1'1' madc I ittlc or no effort to care for or interact with the child.
On April 20, 1998, the Plaintiff filed a complaint for custody with this Honorable Court.
Pursuant to an agreement reached by the Jlarties at a custody conciliation conference, an
Order was entered on June 10, 1998, granting the parents shared legal custody and shared
physical custody of the minor child with the exchanges of custody to be arranged between
the partics. Ms. Warren, who was unreprcsented at the conciliation conlbrence, only
agreed to the entry of said Order because the parties were reconciling and were in the
process of gelling back together with one another. By August, 1998, the parties had
reconciled and were living together. However, Ms. Warren continued to be the primary
caregiver for the child, her daughter and his son, Travis. The situation soon deteriorated
again as the Plaintiff continued to make little or no effort to care for the children.
Ms. Warrcn movcd out of the Plaintiffs residcnce on October II, 1998, taking the child
and hcr daughter with hcr to her former home where her parents' had been residing.
MARK, WEIQ\.E AND f-'ERKIN!-l - ATro'ml~Y5 Al LAW 1/.6 EAST KING STREET - S,"UPPEN511URG, PA 110!S1.1397
On Octobl.r 28, 1998, the Plaintiff liIed another complaint for custody. ^ conciliation
conference was sdledultld f(lr .hlllllary 7, 1999. The Plaintiff liIed a Petition 1(1I' Special
RelicI' on November 16, 1998. ^ hearing was held on November 24, 1998. belore this
Honoruble Courtut whidllln Order of Court wus entered which grantcd the Plaintiff
specific periods of purtiul custody until the eonciliution conference could be held to
address u mon1 ptlrmllllcnt custody schedulc. Thc purties were unable to reuch an
agreement ut the coneiliution conference \:Oneerning u permunent custody schedule.
However, Ms. Wurrenugreed to the Pluintifl's proposed interim schedule which was
entered us utemporury Court Order us purt of this Court's Order duted Junuury 21, 1999
(see attuched Exhibit A), The Junuury 21, 1999. Court Order vacated thc prior court
orders of November 24, 1998, und June 10, 1998. The temporury custody order reuds us
follows:
A. The Father Troy M. Gerhurt und thc Mother Theresu Warren shall el\joy shured
legul custody of Trevor James Gerhurt, born March 16, 1998.
B. Father shall enjoy periods of temporary physical custody as 1()lIows: on
alternating weekends from Friduy ut 9:00 u.m. until Sunday lit '):00 a.m. with
Father's alternating weekend starting on thc weekend of January 15th.
Additionally, Father shall have temporury custody the Wedncsday after his
alternating weekend from Wedncsday at 9;00 a.m. until Thursday at 9:00 a.m.,
and Futher shull have custody the Monday after the weekend he does not have
custody from 9:00 u,m. until 7:00 p.m. on Monday.
C. Mother shall cnjoy physical custody of the minor child ut timcs the Father does
\lot have physical custody.
The parties have been ubiding by said temporary custody schedule since Monduy,
January II, 1999. However, during this time period the Plaintiff has been unwilling to
cooperate and communicate with Ms. Wurren in considel'lltion of advancing the best
interests of the minor child, Trevor James Gerhart.
Ms. Warren believes it would be in the best interest of this child for this Honorable Court
to grunt her shared legal custody und primary physicul custody of this child. She hus
been the child's primary caregiver since birth, has established u stable und loving
relutionship with the child, has provided a comfortable and nurturing home environment
for the child, and has been the parent who hus been the most cooperative, communicative
und uccommodating. The child's well being would suffer in a shared custody
arrangement wherein the parties are unable to coopemte und communicate. Ms. WllITen
requests a truditionul every other weekend custody schedule which would be compatible
with the parties' present full time work schedule at the Hoffman Mills factory which is as
follows: 3 p.m. to II p.m. for three days. a day off, II p.m. to 7 a.m. for seven days and
three days off.
MARK, Wf.:IOI.E AND f1Eru(IN:. - ATTOHNEVS AT L.AW I,W EAST KINO !irREE'1 SHIPPENSAllRC1, PA 1"/251.1397
II. I NNUeS
I. Should the Defendunt, ThereNu S. Wurren, the mother of the minor child Trevor
.Iumes Gerhurt, bemg the purent who hus becn the child's primury curegivcr since
bh1h, who hus cstublishcd u stablc und loving rclulionship with thc child, who hus
p1'Ovided u stablc, comlhrtuble und nurturing home cnvironmcnt fhr the child, und
who has becn the most cooperutivc, communicative and accommodating, bc
denicd primary physical (:ustody of thc minor child?
2. Should the Plaintiff, Troy M, Oerhurt, the father of the minor child Trevor James
Gerhart, being the parent who has bcenullwilling to provide love and care for the
child since birth, who has fuiled to seck continuing active involvement in the
child's Iile und who has been unwilling to be evcnminimully cooperative, be
granted shared physical custody of the minor child?
III. Witness List
I. .Judith Doylc, mothcr of Dcfcndant
2. Buzil Doylc, fathcr of Dcfendant
3. Anna Doylc, sister of Dcfendant
4. Doris Thomas, minor child's baoysittcr
5. Lori Brown, minor child's formcr babysitter
6. Olive Brown, fricnd of Defendant
7. Kristie Harrison, friend of Defendant
8. Kristina Marie Bryan, former wile of Plaintiff
9. Sue Warren, aequaintunce of Det\mdant
10. Charles Stiteley, fricnd of Defendant
II. Thcresa S. Warren, Defendant
IV. Summary of Testimony of Each Witness
I. Judith Doyle: Mrs. Doyle will tcstify us to Ms. Warren's status as primary
caregiver of the (:hild. She will tcstify as to Ms. Warren's stable and loving
relationship with the child and to the comfortable and nurturing home
environment Ms. Warren has provided for the child. It is anticipated that
Mrs. Doyle will testify to Ms. Warren's efforts to cooperatc and communicate
with the Plaintiff. She will also testify as to her intcraetion with the Plaintiff since '
the purtics' rclationship begun and to her obscrvations of Ms. Warren with the
Plaintiffs oldcr child, Travis.
2. Bazil Doyle: Mr. Doyle will testify as to Ms. Warren's status as primary
caregiver of the child. He will testify liS to Ms. Warren's stable and loving
relationship with the child and to thc comfortable and nurturing home
cnvironmcnt Ms. Warren has providcd for the child. It is anticipated that
Mr. Doyle will tcstify to Ms. Warrcn's ctTorts to coopcratc and communicatc with
MAnK, Wr:rOl.E ANn f"lF.HKINS .. ATTOHNEYS AT LAW '<16 EAST KINO ~iTREET 5HIPPEN5LlllRG, PA 17Z91.1397
the Plaintiff. lie will also testify us to his interaction with the Pluintiffsince the
parties relationship begun and to his observations of Ms. Wurren with the
Plaintiff's older child, Travis.
3. Anna Doyle: Ms. Doyle will testify as to Ms. Warren's status liS primary
caregiver of the child. !olhe will testify as to Ms. Warren's stub Ie and loving
f\:lutlonship with the child und to the comfortable and nurturing home
environment Ms. Warren has provided for the child. It is unticiputed that
Ms. Doyle will testify to Ms, WlIrren's efl(Jrts to cooperate and communicate with
the Pluintiff. She will also testify as to her interaction with the Plaintiff since the
purties rdatiollship begun and to her observations of Ms. Warren with the
Plaintiffs older child, Travis.
4. Doris Thomas: Mrs. Thomas will testify as to Ms. Warren's Stlltus as primary
caregiver of the child. She will testify as to her role as the child's babYllitter and
to the child's general well being. She will testify as to Ms. Wurren's stable and
loving rellltionship with the child. She will testify as to her interaction with the
Plaintiff. Shc will testify to Ms. Wurren's eflhrls to coopcratc und communicate
with the Plaintiff.
5. Lori Brown: Ms. Brown will tl,Jstify as to Ms. Warren's status as primary
caregiver of the child. She will testify as to Ms. Warren's stable and loving
relutionship with the child und to the comfortahle und nurturing home
environment Ms. Warren has provided for the child. It is unticipated that
Ms. Brown will testify to Ms. Warren's efforts to cooperate and communicate
with tbe Plaintiff. She will also testify as to her interaction with the Plaintiff since
thc parties relationship began and to her observations of Ms. Warren with the
Plaintifl's older child, Travis.
6. Olive Brown: Ms. BJ'Own will testify liS to Ms. Warren's status as primary
caregiver of the child. She will testify us to Ms. Warren's stable and loving
relationship with the child and to the comfortable and nurturing home
environment Ms. Warren has provided for the child. It is anticipated that
Ms. Brown will testify to Ms. Warren's efforts to cooperate and communicate
with the PlaintifJ: She will also testify as to her interaction with the Plaintiff since
the parties relationship begun and to her observations of Ms. Warren with the
Plaintiff's older child, Travis. She will testify to an incident where the Plaintiff
uttempted to frighten and intimidate Ms. Warren.
7. Kristie Harrison: Ms. Harrison will testify as to Ms. Warren's status as primary
caregiver ofthe child. She will testify as to Ms. Warren's stable and loving
relutionship with the child and to the comfortable and nurturing home
cnvironment Ms. Warren has provided for the child. It is anticipated that
Ms. Harrison will testify to Ms. Warren's efforts to cooperate and communicate
with the Plaintiff. Shc will also testify as to her interaction with the Plaintiff since
MARK, Wf.:IGt.E AND PEHKINS -- ATTORNEVS AT LAW - 126 EAST KINCi STREET. 5Iur"F"EflISOlJRU, PA '.'281.1397
-
RECEIVED J~N 2 2 199~
JAN 1 2 199rJ1J
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, Pl-:NNSYLV ANIA
CIVIL ACTION. LAW
NO. 98 . 2203 CIVIL
IN CUSTODY
TROY M. GERHART,
Plaintiff
THERESA WARREN,
Defendant
COURT ORDER
AND NOW, this ":W<i.:t day of January, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. _~__ of the Cumberland County Courthouse on
the L4C day of _~ ' 1999, at ruLlL. M. at which time testimony
will be taken in this case. At this hearing, the Father shall be the moving party and shall
proceed initially with testimony. Counsel for the parties shall file with the Court and with
opposing counsel a memorandum setting forth the history of custody in this case, the issues
currently before the Court, a list of witnesses that will be called to testify at the hearing and
a summary of the anticipated testimony of each witness. This memorandum shall be filed at
least 10 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior Orders of November 24, 1998 and
June 10, 1998 are vacated. The following temporary custody order is entered:
A. The Father Troy M. Gerhart and the Mother Theresa Warren shall enjoy
shared legal custody ofTrevor James Gerhart, born March 16, 1998.
B. Father shall enjoy periods of temporary physical custody as follows: on
alternating weekends from Friday at 9:00 a.m. until Sunday at 9:00a.m. with
Father's alternating weekend starting on the weekend of January 15th.
Additionally, Father shall have temporary custody the Wednesday after his
altemating weekend from Wednesday at 9:00 a.m. until Thursday at 9:00
a.m., and Father shall have custody the Monday after the weekend he does
not have custody from 9:00 a.m. on Monday until 7:00 p.m. on Monday.
C. Mother shall enjoy physical custody of the minor child at times the Father
does not have physical custody.
3. Both parties shall ensure that they shall have a car seat for the minor child and only
transport the child in a vehicle when the child is in a car seal.
4. Neither party shall consume alcoholic beverages or be under the influence of alcoholic
beverages while they have custody of the minor child.
EXHIBIT A
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TROY M, GERHART,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, I'ENNSYLVAN1A
v
:CIVIL ACTION. LAW
THERESA WARREN,
Defendant
:NO: 2203 CIVIL 1998
:IN CUSTODY
CONCILIATION CONHRENC.; SUMMARY.REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pCI1aining to thc child who is thc subject of this litigation Is as
follows:
Trevor Jamcs Gerhart, born March 16, 1998,
2. A Conciliation Conference was held on June 5, 1998, with the following individuals in
attendance:
Thc Father, Troy M, Gerhart, with his counsel, Lynn y, MacBride, Esquire; and the
Mother, Theresa Warren, who appeared without legal counsel.
3. The parties agreed to the entry of an Order in the form as attached.
-08{9?~
DATE
Hubert X. Gilroy, E
Custody Coneiliat
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUNTY
Troy M, Gerhart,
Civil Action. Law
Plaintiff ,
No. 2203 Civil 1998
vs.
Theresa Warren,
Defendant,
Custody
ORDER OF COURT
NOW, this _ day of ' 1998, upon consideration of the attached
Petition For Special Relief It is hereby ordered and directed that Father, Troy M.
Gerhart and Mother, Theresa Warren shall enjoy shared physical custody of their minor
child, Trevor James Gerhart, born March 16, 199B on an alternating week schedule.
Father shall enjoy the first week of cllstody which shall begin at 5:00 [l.m. on the
Friday Immediately following the signing of this Order.
By the Court,
.I,
~~ER, VAN HORN &: MACBRIDE
n.un.n, SN1'U.R, SI;Nrr ,,= ('OIlt:N 11('
AnoUln- "" """". . I .,
__ Lynn Y. M".".'
24111ncoln WIY EI", PO Box )09
Chlmb,nbUlI, P^ 11201
Ph,ne: (1111264-6494
Pu (7171264-1662
}t.m4i1: barltyfibarlty,com
WHEREFORE, Petitioner requests this Honorable Court to grant a temporary custody
Order providing for alternate weeks of custody to Petitioner and Respondent.
AND HE SHALL EVER PRAY.
Walker, Van Horn & MacBride, a division of
Barley, Snyder, Senft & Cohen, LLC
k . ()'
By: \ \',\, \,~ ~I'l'(:"hl ~
Lynn Y. McBride, Es ulre
Attorney for Petitioner
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa,
C,S, Section 4904 relating to unsworn falsification to authorities,
Date: 1/. 1, (W
'-"'1.'1 "f# .~h~r
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~atnel and Motnel,
ilallls M, Gelnalt
\Iatnel's son)
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mid-June, \ 998
to october 1 \, \ 998
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ine
6. Plaintiff and Defendant previously partlolpated In a custody Conciliation before
Hubert X. Gilroy, Esquire on June 5, 1998 and entered Into a Stipulation and
Agreement to share legal and physical custody of the child, said agreemont being
signed as a Court Ordor on June 10, 1998 by the Court of Common Pleas of
Cumberland County, Pennsylvania. A copy of said Order Is attachod hereto,
Incorporated herein and marked Exhibit A.
7. The best Intere~ts and permanent welfare of the child will be served by
granting the relief requested because Plaintiff Is better able and Willing to provide for
the child's needs at this point in time and speCifically:
a. Both Plaintiff and Defendant work for the same employer, Hoffman Mill, both
working the same work schedule whereby they work seven days, three days
off, work three days and one day off;
b. Father as acted as primary custodian and as a single parent for his son since
Travis was apprOXimately two months of age;
c. Mother does not drive and Fether has a driver's license as well as a
automobile with which to transport the child;
d, Father has been an Involved parent since prior to the child's bight and was
present at the child's birth on March 16, 1998;
e, Mother and Father havo resided together prior to the child's birth; Mothor
and child returned to Father's home from the hospital; and then from mid-June
until October 11, 1998.
f, When Mother left Father's home in March, 1998 and again in Octo bar, 1998
Mother has refused to allow Father contact with the child;
g. Father has attempted to contact Mother in an effort to see the child and
been advised that if he continues to call Mother's home the police will be
contacted and he will be chargod with harassment;
h. Mother resides in a four bedroom mobile home which houses seven
individual, including Mother and the child;
I. Mother has preViOUSly been kicked out of this home by her parents;
J, Father is able to provide a loving and stable environment for the child.
1\
8, Each parent whose parental rights to the child has not been terminated and
the person who has physical custody of the child have been named as parties to this
a,ctlon. All other persons, named below, who are known to have or claim a right to
oustody or visitation of the child will be given notice of the pendency of this action and
right to Intervene:
NONE
9. It Is unknown whether Defendant is represented In this matter.
10, A copy of this Custody Complaint has been mailed to Defendant, by regular
US mall prior to the filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to grant him shared legal and
primary residential custody of the child.
WALKER, VAN HORN & MACBRIDE, a division
of BARLEY, SNYDER, SENFT & COHEN, LLC
By:t
\ '( '\t;, [J
Jl"L
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 1 8 Pa.
C,S, Section 4904 relating to unsworn falsification to authorities.
Date: /O',?"- clef'>
~,/)jf ,a~
Tr . Gerhart, Plaintiff
\
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2611FormlCustodV Complslnt
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RT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA
CUMBERLAND COUN'rY
Troy M. Gerhart, Civil Action - Law
Plaintiff ,
,
vs. No. C!J-~,03 (Lu)..~
Theresa Warren,
Defandant, Custody
ORDER OF COURT AND DIRECTIVE FOR CONCILIATION
N()w this day of , 1998, this Order will notify
THERESA WARREN, Defendant, that you have been sued in court to obtain custody
of the child: Trevor James Gerhart. born March 16, 199B.
It is ordered and directed that , Esquire, the
Court's Child Custody Conciliation Officer, Is hereby directed to conduct a Conciliation
Conference on , 1998 at o'clock. rn. at the
assigned room of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
The anticipated length of the Conciliation Conference is one hour. The parties along
with their legal councel shall appear In person at the designated time for the
Conciliation Conference. A Memorandum shall bEi furnished to the Conciliator at laast
two days prior to t.he scheduled Conciliation Conference.
Failure to provide said Memorandum may result In the Imposition of sanctions,
At the Conciliation Conference, an effort will be made to see if the Issues can
be resolved by an agreement between tha parties. If an agreement cannot be reached,
the Conciliator will assist In defining and narrowing the issues to reduce the time
required for hearing by the Court, At the conclusion of the conference, the Conciliator
will prepare a Conference Summary Report for further action by the Court.
You have the right to be represented by an attorney who may attend the
Conciliation Conference with you, If you have not secured an attorney by the date of
the soheduled Conciliation Conference, you shall nonetheless personally appear at the
time scheduled for the Conciliation Conference without an attorney.
Troy M. Gerhart and Theresa Warren, No. F,R.1998-
Page Two
THERESA WARREN, Defendant, Is notified that If you fall to appear as provided
by thllj Order, an Order of Court for clJstody, partial custody or visitation may be
entered against you or the Court may issue a warrant for your arrest.
Pending the hearing, the Court hereby established the following temporary Order
for custody pending a hearing: temporary residential custody of the child shall be
shared by the Plaintiff and Dofendant with each party having custody for a one week
period starting Friday evening at 7:00 p.m. and ending the following Friday evening at
7:00 p.m.
Defendant is hereby notified that if he disputes the Plaintiff's averments
regarding the current status of the custody arrangements and this Order entered on the
basis of those averments, he has the right to request a prompt conference with the
Court, If the matter of the temporary custody arrangements is not resolved at the
conference, the Court may in atypical factual situations and Its sole discretion schedule
a brief hearing limited to the issuas of determining temporary custody arrangements
pending the scheduled Conciliation Conference.
The parties and their legal counsel, If applicable, are hereby directed to engage
in meaningful negotiations to resolve this matter prior to the Conciliation Conference.
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,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMfBICANS WITH. DISABILITIES ACT OF 1990
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 aocesilible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office. All Drrangernents must be made
at least 72 hours prior to any hearing or business before the oourt.
By the Court,
.I,
The mother of the child Is Theresa Warren ourrently residing at 251 Nail Road,
Shlppensburg, Cumberland County, Pennsylvania 17257,
She Is single.
The father of the child Is Troy M. Gerhart, currently residing at 4910 Treher
Road, Fayetteville, Franklin County, Pennsylvania, 17222.
Ha Is single.
4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff
currently resides with the following persons:
Name
Relationship
Travis M. Gerhart
Son
5. Tha relationship of Defendant to the child is that of natural mother. The
Defendant currently resldell with the fOllowing parsons:
Name
Relationship
Basil and Judith Doyle
Srlttnay D'Onofrio
Parents
Daughter
Plaintiff has not participated as a party or witness, or In another capaolty, In other
litigation concerning the custody of the child In this or any other 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 or claims to have custody or visitation rights with respect to the
child.
7, The best interests and permanent welfare of the child will be served by
granting the relief requested because Plaintiff is equally able and willing to provide for
the child's needs at this point in time &nd specifically:
a. Plaintiff and Defendant work for the same employer, Hoffman Mills, both
working the same work schedule whereby they work seven days, three days
off, work three days and one day off;
b. Father has acted In tha role of primary custodian and single parent for his
son Travis since Travis was approximately two Yllars of age;
c, Mother does not drive and Father has a driver's license as well as an
automobile with which to transport the child;
,.,'
d. Father has been an Involved parent slnca prior to the child's birth and was
present for the child's birth on March 16, 1998;
e, Mother and child returned to Father's home upon release from the hospital,
returning to Mother' home In two days when Father had to go to work so all not
to ba alone without transportation.
f. Father has seen the child dally since birth with the exception of the weekend
of April 4th, on that weekend, Father requested that he be ollowad to take the
child for a visit to paternal grandmother and mother refused to allow Father to
take custody;
g. Since Mother's return to her home in Shlppensburg, Mother has allowed
Father contact with the child only In her home;
h, Father is able to provide a loving and stable environment for the child.
8. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties to this
action. All other persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the pendency of this action and
right to intervene:
NONE
9, It is unknown whether Defendant Is represented in this motter,
10. A copy of this Custody Complaint has been mailed to the Defendant, by
regular U.S. mall at least five days prior to the filing of this Custody Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to grant him shared legal and
residential custody of the child,
WALKER, VAN HORN & MACBRIDE, P.C.
BV: ~" ~ IY\<.<< i?,~,
Lyn Y. Ma Ide, Esquire
Attorney for Plaintiff
TROY M. GERHART,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THERESA WARREN, CIVIL ACTION - LAW
Defendant NO. 98-2203 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 24th day of November, 1998, after
oonference with counsel and the various parties in conneotion
with Plaintiff's Petition for speoial Relief, it is hereby
ordered and direoted as follows:
a. Father shall have physical custody of the child on
Friday, November 27, 1998, from 12:00 noon until 4:00 p.m. and
on Sunday, November 29, 1998, from 12:00 noon until 4:00 p.m.
Said periods of custody must be exercised in the presenoe of
Plaintiff's mother, at which time she will give instructions on
ohild care; feeding, diaper changing, and any ot:her necessary
instructions.
b. Father shall be entitled to overnight visitation
with the ohild as follows:
i. On Friday, December 4, 1998, at 4:00 p,m.
until Sunday, December 6, 1998, at noon.
ii. On Saturday, Deoember 19, 1998, at noon until
sunday, December 20, 1998, at noon.
iii. On Christmas Day at noon until 5:00 p.m.' on
Saturday, December 26, 1998.
,
,
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TROY M. GERHART,
Plaintiff
IN THE COURT OF COMMON I'LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION, LAW
THERESA WARREN,
Defimdant
NO, 98 - 2203 CIVIL
IN CUSTODY
COURT ORDI<;R
sr
AND NOW, this K day of January, 1999, upon consideration of the allached Custody
Conciliation Rcport, it is ordcrcd and dirccted as f()lIows:
I. A heari.~is scheduled jn';::ourtJ'Oom No. ~ of the cu.m berland County Courthouse on
the ,-1__ day of__~_, 1999, at 1~~.M. at which time testimony
will be takcn in this case. At this hcaring, the Father shall be thc moving party and shall
proceed Initially with testimony, Counsel for the parties shall file with thc Court and with
opposing counsel a memorandum selling forth the history of custody in this case, the issues
currently before the COUli, a list of witnesses that will be called to h:stify at the hearing and
a summary of the anticipated testimony of each witness, This memorandum shall be filed at
least 10 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior Orders of November 24, 1998 and
June 10, 1998 are vacated. The following temporal)' custody order is entered:
A. The Father Troy M, Gerhart and the Mother Theresa Warren shall enjoy
shared legal custody of Trevor James Gerhart, born March 16, 1998.
B, Father shall enjoy periods of temporary physical custody as follows: on
alternating weekends from Friday at 9:00 n.m, until Sunday at 9:00a.m. with
Father's alternating weekend starting on the weekend of January IS1h.
Additionally, Father shall have temporary custody the Wednesday after his
alternating weekend from Wednesday at 9:00 a.m, until Thursday at 9:00
a.m., and Father shall have custody the Monday after the weekend he does
not have custody from 9:00 a.m. on Monday until 7:00 p.m, on Monday.
C, Mother shall enjoy physical custody of the minor child at timcs the Father
does not have physical custody.
3. Both parties shall ensure that they shall have a car seat for the minor child and only
transport the child in a vehicle when the child is in a car scat.
4. Neither party shall consume alcoholic beveragcs or be undcr the influence of alcoholic
beverages while they have custody of the minor child.
If, In fact th, C
.. "'''''';''''.. 0,", dot"''''.... "'" . C
" · ""0''''''", ,,;Ok.,y.. ..../b,. Ao Do tlo..... I. 0"'....
."::;::...~ "'; Oh:. ~:i':'Z"I; ""':i'~~:::i'/,I"t the he;~~::~ ~~: thl. ",.It..
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"0'. tho C ' '"', "'h.n, 'Yo "'" . d 'Dd., '" ,
anOther COnt/~~:t but I bel/'ve thar'~~ becen patl'nt/y WlIlt/~gYt~l7le CUStody /Je~;;;'9ht
0.., . O'"'''m 0 d '0, "'I. ....It 00
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the .''''''Ift'. ':'::z;::- 10 "'Ie ",.It", "::: ~:'Og "'or. the ~:~~'> ~o"Ddy i. 000'0",
. enU~tmg ~nd I . k . oWever I bbl'
..s the COUrt t' ""ev,
o ConSider
L\"""'/8e8
00: rroYGerharr
J.rry Weig'e, EsqUIre
2...
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WAt..kEiR, Utv liI~N
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SlnO.rely YOUrll
,
W4LkER II
Of B '4fV HORN It M
AR'ey, SNYDeR, S""'F~C.R'De, . d"'"loo
~~~~eN'LLC
LYnn Y, ""'aeBrlde
TOTAl.. ". e3
.~.
/
RECEIVED FfB 1 2 1999
WALKER, VAN HORN & MAcBRIDE
a Jiv",a" of
BARLEY, SNYDER, SENFT & COHEN, LLC
Attorneys II Lsw
24-7 Lincoln Way Easl
Chambersburg. PA 17201
Tel (717) 26~'649~
F8l( (717) 26~'I662
-
e.m.lI: Im.cbrldo@b.,lov,com
February 11, 1999
Ch.mberaburg
LlIlo..'.r
York
R..ding
H.nover
Harr/lburg
I
I
I
I
I
I
VIA FAX AND MAIL
Jerry Weigle, Esquire
MARK, WEIGLE, AND PERKINS
126 East King Street
Shippensburg, Pennsylvania 17257
RE: Gerhart vs. Warren
Dear Jerry:
I am in receipt of your letter of February 5, 1999 and I have had an opportunity to
discuss same with my client. With regard to the custody evaluation, my client is
certainly willing to cooperate in any evaluation. However, It is his position that it Is
an unnecessary expense and he will not share in the cost of such an evaluation. I am
someWhat at a quandary to understand why we need to have five persons evaluated
when we are dealing with two parents and a child who is just under one year of age.
If you client desires to move forward with such an evaluation please let me know and
as previously stated. Mr. Gerhart Is Willing to fully cooperate.
I was sorry to hear of your "slip and fall" and hope that your knee Is healing quickly.
Obviously, my client would like to see this matter brought to a conclusion as qUiCkly
as possible. However if it will be necessary for you to be requesting a continuance
based upon your surgery I would ask that arrangements be made immediately to
reschedule the matter so that a new trial date can be set with as little delay as
possible,
2884
Exhibit "A"
"
beginning with mother having custody of the chiJ d from 7100
p.m. Christmas Eve until 1:00 p.m. Christmas Day 1999, and
father having custody of the child from 1:00 p.m, Christmas
Day until 9:00 a.m. on the 26th oE December, 1999. These
times shall be alternated each year.
C. Not withstanding any custody arrangement set
forth above, mother shall be enti t.1ed to spend Mother's Day
with the child from 9:00 a.m. until 7:00 p.m. unless, of
course, it is her week for custody which she shall have the
child the entire day. Likewise, father shall be entitled
to spend Father's Day with the child from 9:00 a.m. until
7:00 p.m.
D. The parties agree that the non-custodial
parent shall be entitled to a 4 hour period of visitation
with the child on his birthday, said visitation to be
arranged with the custodial parent and based upon the work
schedule of the non-custodial parent.
E. In order to implement the transfer of
custody, the part.y obtaining custody of the child shall
pick the child up from the home of the parent who is
relinquishing custody. Either party may designate another
party to pick the child up so long as the custodial parent
is notified of the identity of that party at least 24 hours
in advance.
F. Both parents may have additional periods of