HomeMy WebLinkAbout99-01918
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SALLY J. WINDER, ESQ.
ATTORNEY AT LAW
70J EAST ~ING STREET
SHIPPENSBVRQ PA J 7257
PHONE (717) $32.9476
FAX (717) 5~2-371J
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1 The summer schedule is ideal. It gives him and the boy the
2 opportunity to do lots of fun outdoor stuff and I think it is
3 sort of ridiculous to phrase it as quality time during the
4 warmer months.
5 The school year with the mom gives her the
6 opportunity to playa major role in nurturing her son, which
7 she has earned as the earlier primary caregiver to this child
8 and would give the opportunity for her to follow through in
9 that nurturing process. I sense that she will be very good
10 for this child in terms of her coordination with the school,
11 though we encourage the father's active involvement as the
12 child moves into the second grade.
13 I'm satisfied also that Cody will be comfortable
14 with this arrangement. While his comfort is not necessarily
15 the thing which governs or controls, it certainly is an
16 important consideration in determining what is in his best
17 interest.
18 We will be entering an order. The mother may feel
19 free to enroll him in the Adams County School. I would
20 prefer, however, not to sit here and dictate some sort of
21 order off the top of my head which might please no one. So,
22 let me just state my intent; that is to enter an order
23 whereby we will continue the current summer arrangement with
24 custody in the father during the week and during the school
25 year, the Monday through Friday will revert to the mother.
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1 It would seem to me that not every weekend ought to be with
2 dad, that she ought to have some time with Cody; and perhaps
3 during the summer, dad ought to have a couple of consecutive
4 weeks or at least include a weekend or two himself.
5 So, I can do this a number of ways. Probably the
6 easiest would be to receive from each side a proposed order,
7 the order that they would like to see put in effect, without
8 of course prejudice to the father to disagree with my overall
9 resolution, but nonetheless to provide me with his input as
10 to custody. I can do that. If you want to submit something
11 to me in five or ten days, is that workable for the
12 attorneys?
13 MS. WINDERS: I think that may be workable. I
14 would ask you to keep in mind apparently school starts in
15 that district on the 25th and then I believe we were
16 discussing this before the hearing started, I believe they
17 probably have several days or a longer break over Labor Day
18 than the Shippensburg School District does. We would request
19 that father be able to have Cody over that long weekend
20 although we don't know precisely what the school calendar is
21 right now.
22 MR. COOK: That's fine, Your Honor. Mother is
23 still getting the weekends over the summer and she would be
24 scheduled to get Cody on the 20th. Since school starts the
25 25th, perhaps if she could have him two days or at least the
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1 23rd and 24th you could have him for a couple days to get
2 him--
3 THE COURT: Today is the 12th. Even by the middle
4 of next week I can enter an order that will resolve all of
5 this.
6 It would seem to me Cody should go back to his mom
7 in time to be made ready for school and then we need to
8 implement some partial custody to the father. If you could
9 get me something proposed in the next few days, I'll generate
10 an order.
11 MR. COOK: Thank you Your Honor,
12 End 1125.
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SHIPPBNSBURG AREA SCHOOL DISTRICT
1999/2000 CALENDAR
Approved by the Shippensburg Area School Directors on
(1999) AUGUST SEPTEMBER OCTOBER
M T W T F M T W T F M T W T F
2 3 4 5 6 1 2 3 1
9 10 11 12 13 X 7 8 9 10 4 5 6 7 8
16 17 18 19 20 13 14 15 16 17 c:ID 12 13 14 15
23 24 @@ 27 20 21 22 23 24 18 19 20 21 22
*30 31 27 28 29 30 25 26 27 28 29
( 2) (21) (20)
NOVBMBBR DECEMBBR (2000) JANUARY
M T W T F M T W T F M T W T P
1 2 3 4 5 1 2 3 3 4 5 6 7
8 9 10 a:P 12 6 7 8 9 10 10 11 12 13 14
15 16 17 18 19 13 14 15 16 17 )( 18 19 20 21
22 23 24 ~ )c 20 21 22 23 ~ 24 25 26 27 28
)( 30 ~ ~ ;It. ." 31
(18) (17) (20)
PBBRUARY MARCH APRIL
M T W T F M T W T F M T W T F
1 2 3 4 1 2 3 3 4 5 6 7
7 8 9 10 11 6 7 8 9 10 10 11 12 13 14
14 15 16 17 18 13 14 15 16 17 17 18 19 20 ~
)( 22 23 24 25 20 21 22 23 24 )< 25 26 27 28
28 29 27 28 29 30 31
(20) (23) (18)
MAY JUNE
M T W T F M T W T F
1 2 3 4 5 1 2 IMPORTANT DATES:
8 9 10 11 12 5 6 7 8 9 In-Service Day -Aug. 25
15 16 17 18 19 12 13 14 15 16 In-Service Day -Aug. 26
~di 24 25 26 19 20 21 22 23 Start of School-Aug. 30
J1 26 27 28 29 30 Labor Day -Sept. 6
(21) ( 0) In-Service Day -Oct. 11
* Start of'- School In-Service Day -Nov. 11
180 Student Days Thanksgiving -Nov. 25
OIn-Service Day through Nov. 29
X No School for 184 Teacher Days Winter Vacation-Dec. 24
Students or Teachers through-Jan. 2
C1 Last Day of School M.L. King Day -Jan. 17
Presidents' Day-Feb. 21
Bmergency Make-Up Days Spring Vac. -Apr.21-24
May 31 January 17* Memorial Day -May 29,
June 1 February 21* Graduation - *
June 2 April 24* End School Yr. -May 30
*Subject to change *Date to be set by
All other days will be
added at the end of the year.
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BRUCE K. ROn.
IN 'I'm: COURT 0'" COMMON PLEAS OF
ClIMB.:RLAND COUNTY
PlainllJ1'
VI
CIVIL ACTION. LAW
BRENDA L. ROTZ.
NUMBER: 99. /9/9 CIVIL TERM
IN CUSTODY
/)rrrndanl
COMrLAINT FOR CUSTODY
COM.:S NOW, the J'lainlill: BRUCE K. ROTZ, by and through his counsel, Sally J.
Wlndrr. .:Iquirr. and docs represent as follows:
I. The 1'lail1lilJ'is /JRlIn: K. ROn. residing at 294 Gilbert Road, Shippensburg,
Cumberland County. J'ennsylvania.
2 The Delendant is ORENDA L. ROTZ. residing at 2300 Chambersburg Road,
Biglerville, Adams County. Pennsylvania,
3. Plaintilfseeks Custody of the parties minor son, CODY LEE ROn, born May 20,
1992.
The child was not born oul of wedlock.
The child is presenlly residing with the mother, BRENDA L. ROn at 2300
Chambersburg Road, Biglerville. Adams County, Pennsylvania,
During the past five years. the child has resided with the following persons and at the
following addresses:
With both parents at 294 Gilbert Road. Shippensburg, Cumberland County, Pennsylv&nia,
until December 03, 1998, when the mother moved out, took the child, and went to live at her
present address, 2300 Chambersburg Road, Biglerville, Adams County, Pennsylvania,
The mother orthe child is the Defendant, BRENDA L. ROTZ currently residing at her
parents residence al the address stated above, She is still married,
The father or the child is the Plaintiff, BRUCE K. ROn, currently residing at the
address stated above. He is married to mother,
4, The relationship of Plaintiff to the child is that of natura] father and he presently resides
with no other persons at the former marital residence at 294 Gilbert Road. Shippensburg.
Cumberland County, Pennsylvania,
5, The relationship of Defendant to the child is that of natura] mother and she presently
resides with her parents, Thomas Tenny and Maxine Tenny as well as Diana James and her son,
Harold Wedding, Jr" in the same household at 2300 Chambersburg Road. Biglerville, Adams
County, Pennsylvania, The Defendant's daughter by a prior marriage is also living at the residence
and there are from time to time various other people staying at that residence,
6. Plaintiff has not panicipated as a pany or witness. or in another capacity, in other
litigation concerning the custody of the child in this or another Court.
Plaintiff has no infonnation of a custody proceeding concerning the child filed in a Court
of this Commonwealth,
P]aintiffdoes not know ofa person not a pany to the proceeding 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 pennanent welfare of the child, will be served by granting
primary residential custody to the Plaintiff father, because he has been the primary caretaker and
nunurer of the child prior to the panies separation and the unsanitary and dangerous condition of
the household where mother is now residing is a detriment to the child, Mother is not providing
proper nuturing or care of the child and it is therefore believed and avered that the best interest
and pennenant welfare of the child will be met by the child residing with father. Further, the child
has indicated that he does not want to live with his mother,
8, Each parent whose parental rights to the child have not been teoninated and the person
who has physical custody of the child have been named as panies to this action,
WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the
child to father, BRUCE K. ROTZ subject to reasonable rights of visitation and panial custody in
the mother, BRENDA L. ROTZ,
Respectfully submitted,
?9J /1,)- <: )W ~b-
Sally 1. Winder, Esquire
Allorney for Plaintiff
VERIFICATION
I verily thatlhe statements made in this complaint are true and correclto the best of my personal
knowledge and belief I understand Ihat false statements herein are made subject to the penalties
of I H Pa CS section 4904. rclatingto unsworn falsification to authorities,
Dale -1-\2" \..TI
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BRUCE K. R
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BRUCE K. ROTZ.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
VI
: CIVIL ACTION - LAW
BRENDA L. ROTZ .
NUMBER: 99 - 1918 CIVIL TERM
Defendant
IN CUSTODY
CUSTODY MEMORANDUM OF PLAINTIFF
I. FACTIJAI. BACKGROIJND.
Plaintiff, Bruce K. Rotz, is the fathe~ of Cody Lee Rotz. age 7, and currently separated
from the Defendant Mother. Mother left the marital residence at 294 Gilbert Road, Shippensburg
on December 3, 1998, taking the child with her, Father is on disability and is not employed. He
occasionally helps his father in his father's business, Father is willing and able to care for the child
on a fulltime basis. Mother was living at her parent's home near Biglerville in Addams County.
Mother is currently residing at 1070 Brysonia-Wenksville Rd., Biglerville, PA. Mother is
employed fulltime working Monday through Friday 7:30 a,m, to 4:00p,m. Mother refused to
allow contact by Father with the child until a conciliation conference at which time a temporary
Order was entered granting Father partial custody on alternating weekends and Wednesdays from
4:00p,m. to 8:00p,m. Father has exercised these rights and has requested other times which have
been refused by Mother, The child has expressed a desire to spend more time with Father. Cody
has been living primarily with his father this Summer and staying with his Mother on the
weekends, Father is willing and capable of caring for the child as primary residential custodian of
the child, Father desires the child live with him and attend the Shippensburg School District.
Father desires to have the child and is concerned about mother's ability to care for the
child and provide for his proper care and nuturing as well as the immediate ability to care for the
child this Summer. Mother has attempted to keep the child from the falher and has interfered with
attempts to contact the child by telephone, Mother has attempted to alienate the affections of the
child for his father, Mother does not properly supervise the child and allows him to operate
vehicles and equipment which are a danger to the child, Father desires primary physical custody of
the child so that the child may be properly supervised and cared for subject to rights of partial
custody in the Mother,
II. NAMES AND AGES OF THE CHII.DR}:N.
Cody Lee Rou. born May 20, 1992,
III. PROPOSED ORDER FOR RESOI.1lTION.
Father requests that an Order be entered for primary custody of the child in Father,
Further, that if the child so desires, he be permitted to stay with the Father for the following
school year and that Mother be granted liberal rights of partial custody as agreed to by the parties,
IV. NAMES AND ADDRESSES OF FACTUAL WITNESSES.
I, Charlie Dehart, Alleman Lane, 757, Newburg, Pennsylvania, will testifY concerning his
aquaintence with Plaintiff, Defendant and Cody. He will testifY to the relationship of the child to
his father and the father's ability to care for the child, He will also testifY concerning his
acquaintence with Defendant and her character and ability to care for the child,
2
2. Gary EUlzy. Cleversburg. Pennsylvania. is a friend of Plaintiff and will testifY 10 the
relationship between the Plaintiff and Cody and the ability of Plaintiff to care for and provide for
his son.
3, Karen Kirby. Shippensburg. PeMsylvanJa, will testifY concerning her observations of
the Plaintiff and his son and the desire of the child to live with his father,
4, Bruce Rotz, Shippensburg. PeMsylvania, father of the Plaintiff will testifY as to his son's
relationship to the child. lack of care and supervision by Defendant towards the child, the refusal
of Mother to permit visitation after thl' separation of the parties and the atttempts to alienate the
affections of the child,
5, Plaintiff, Bruce Rotz, will testilY as to the relationship between himself and the
Defendant. and the child, He will testilY as to his ability to care for the child and his availability as
a fulltime parent, his participation in the child's life and the desire of the child to stay with him.
Plaintiff reserves the right to supplement the witness list and provide prompt notice to the
Defendant of additional witnesses,
V. NAMF.S AND ADDRF.SSF.S OF F.XPF.RT WITNF.SSF:S.
None.
VI. LEGAl. AND FACTUAL JSSUF.S.
The primary issue is the primary custody of the Mother and the mother's ability to properly
care for the child,
VII. ESTIMATEDI.ENGTH OF HEARING,
3
One (I) day,
VIII. NUD FOR HOME STIJDV.
Defendant reserves the right to request a home study if matters cannot be resolved in June
as to the ongoing living arrangements for this child and the return of the child to his home with
father.
IX. NEED FOR PSVCHOLOGICAL EVALUATION.
Plaintiff does not request a psychological evaluation at this time, but may request
evaluation at a later time.
a&fuIlJ!jj~
SALL~. WINDER
701 E King St.. Sbippensburg PA 17257
(717) 532 - 9476
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b, Mother may reserve up to two weeks for her own summer vacation plans with the
child upon giving father thirty (30) days' notice; said weeks may be consecutive.
5. The parties shall share holidays, birthdays and other special occasions with the child
as they shall agree.
6. Transportation in connection with this order shall be shared.
BY THE COURT.
Sally J. Winder, Esquire
For the Plaintiff
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Jeffery M. Cook, Esquire
For the Defendant
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