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Home My WebLink About08-2993Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Cormael for Plaintiff SARA E. ROTHENBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. ®f- a 993 Civil Term JOHN S. KNAUB, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff is SARA E. ROTHENBERGER, who currently resides at 106 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is JOHN S. KNAUB, who currently resides at 50 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks shared legal and primary physical custody of: Name: Justice Scott Knaub, DOB: 9/16/05 Present Residence: 106 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania The child was born out of wedlock. 4. The Child resides with the Plaintiff herein at 106 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania. Since birth, the Child has resided at the following addresses with the individuals listed: Birth to August 2007 1586 Palm Spring Drive, Chambersburg, Franklin County, Pennsylvania with Plaintiff and Defendant August 2007 to March 2008 106 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania with Plaintiff and Defendant March 2008 to Present 106 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania with Plaintiff 6. The mother of the Child is Sara E. Rothenberger, Plaintiff herein, who currently resides at 106 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania. 7. The father of the Child is John S. Knaub, Defendant herein, who currently resides at 50 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 8. The relationship of Plaintiff to the Child is that of Mother. Plaintiff currently resides with the Child only. 9. The relationship of Defendant to the Child is that of Father. Defendant currently resides with a roommate. 10. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 11. Plaintiff does not know of any person who is not a party to these proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 12. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the Child in this or another Court. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the Child have been named as a party to this action. :ODMATCDOCSIDOCS 13045617 2 14. The best interests and permanent welfare of the Child will be served by the relief requested. WHEREFORE, Plaintiff respectfully requests that this Honorable Court:grant her shared legal and primary physical custody of the parties' Child, JUSTICE SCOT KNAUB, in accordance with a schedule to be determined. Respectfully submitted, GO BERG TZMA , P.C. Paul J. p o - aj Attorney I.D. #25454 320 Market Street P.O. Box 1268 Date: 2??X , 2008 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff :ODMAIPCDOCSIDOCSI ]304m7 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that f4lse statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: a.j O.2M SARA E. ROTHENBERGER Ul mrr R-b fl °' == ' ?. --c 00 C [t SARA E. ROTHENBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN S. KNAUB DEFENDANT 2008-2993 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ,_ Thursday, May 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 06, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?r "Ag r f ??? • .AV, 2 rJUN 0 B 2008 SARA E. ROTHENBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JOHN S. KNAUB, NO. 2008-2993 Defendant IN CUSTODY COURT ORDER AND NOW, this ? day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Sara E. Rothenberger, and the father, John S. Knaub, shall enjoy shared legal custody of Justice Scott Knaub, born September 16, 2005. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary custody of the minor child at such times and under such circumstances as agreed upon by the parties. 4. Communication between the parties shall be limited to strictly matters relating to the minor child and the scheduling of father's visitation with the minor child. 5. In the event father is not satisfied with the amount of visitation that mother is providing to him, father may petition the Court the have the case again scheduled with the Custody Conciliator for a conference. ./ cc: Paul J. Esposito, Esquire Mr. John S. Knaub eoPt Es mac l? Judge Oct -- ?? N U -01 SARA E. ROTHENBERGER, Plaintiff v JOHN S. KNAUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2993 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Justice Scott Knaub, born September 16, 2005 2. A Conciliation Conference was held on June 6, 2008, with the following individuals in attendance: the mother, Sara E. Rothenberger, with her counsel, Paul J. Esposito, Esquire, and the father, John S. Knaub, who appeared without counsel. 3. Based upon the recommendation of the Conciliator, the parties agreed to the entry of an Order in the form as attached. Date: June ? , 2008 Hubert X. Gilro , Esquire Custody Conci ator D-OFFICE LSE i iii. PiiOTHONO TAR i -8 AM Ii: L7 C,1MADERLAND COUNTY PENNSYLVANIA LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Sara F. Rothenberger SARA F. ROTHENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 08-2993 CIVIL ACTION LAW JOHN S. KNAUB, IN CUSTODY Defendant COMPLAINT TO MOTIFY CUSTODY ORDER AND NOW, this 7th of July, 2011 comes the Plaintiff, Sara F. Rothenberger by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff, Sara F. Rothenberger, is an adult individual, whose current mailing address is P.O. Box 6811, Harrisburg, Pennsylvania 17112. 2. The Defendant, John S. Knaub, is an adult individual, who is currently incarcerated at SCI Pittsburgh, 3001 Beaver Avenue, Pittsburgh, Pennsylvania 15233, Inmate No. JJ8835. 3. Plaintiff and Defendant are the natural parents of one child; namely: ®$70.0o d Q ?* q0 )b Justice Scott Knaub, born September 16, 2005. 4. Attached hereto and marked Exhibit "A"` is a copy of the current custody Order dated June 10, 2008. 5. After entry of the Order dated June 10, 2008, Father visited with the minor child, at the most, two or three times. 6. In November of 2009, when Mother was calling Father to inquire whether he wanted to visit with his son, Father filed harassment charges against Mother, which were eventually dismissed. 7. Thereafter, Mother did not contact Father to inquire as to visitation, and Father did not contact Mother requesting any visitation. 8. Shortly thereafter, Father was incarcerated at his current location and it is believed he is serving a sentencing of three years to five years. 9. The minor child will be starting Kindergarten in the Fall of 2012. 10. The minor child has been experiencing behavioral problems and his Occupational Therapist has recommended to Mother that the child be seen by a psychologist or psychiatrist for the purpose of determining whether the child is in need of medication. 11. Mother has not been able to secure the assistance of a psychologist or psychiatrist in that the current Order provides for shared legal custody of the minor child. 12. Mother contacted Father via mail and requested he sign a statement permitting the evaluation and/or treatment for the child. See Father's response attached hereto as Exhibit "B", which basically consists of rambling questions. 13. The support Order which was filed in the Domestic Relations Office of Cumberland County was terminated by the Domestic Relations Office in February of 2011 with approximately $5,000.00 of arrears as a result of the Father's inability to pay the same. 14. It is respectfully requested that Mother be granted sole legal custody so that the minor child may be treated for his behavorial problems. 15. Father has not been involved in the minor child's life since his birth. 16. It is further requested that a modified Order be entered to provide that if Father desires contact upon his release from incarceration, that he be required to cooperate with the psychologist or psychiatrist at that time, to determine what is in the best interests of the minor child. WHEREFORE, Plaintiff, Sara E. Rothenberger, respectfully prays Your Honorable Court to modify the Order of Court entered June 10, 2008 granting her sole legal and physical custody of her son. lly submitted, BY: Diane M. Mils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 SARA F. ROI'IJL:NBERGI?'R, IN TI-IF: COURT Oh COMMON PIJ ./\S OF Plaintiff CUMBERLAND COUNTY. I'I:NNSYI.VAXI.A CIVIL ACTION - LA\? ' .101 IN S. KNAUB. NO. 2008-2093 Dclcndant IN CUSTODY COURT ORDER AND NOW, this _10 day Of June, 2008, upon consideration of the attached Custod, Conciliation Report, it is ordered and directed as follows: 1. The mother, Sara E. Rothenberger, and the father, John S. Knauh, shall enjoy shared is-III custody of.lustiee Scott Knaub, born September 16, 2005, ?. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy periods of temporary custody of the minor child at such times and under such circumstances as agreed upon by the parties. 4. Communication between the parties shall be limited to strictly matters relating to the minor child and the scheduling of father's visitation with the minor child. 5. In the event father is not satisfied with the amount of'visitation that mother is prop idinc to him, father may petition the Court the have the case again schedalcd %vIth the Custody Conciliator for a conference. BY 1'111: COI: R"i,, a ILII .1. I'tipllsllu. I:Sl1UIi IV \ I r. J u h n S . Knaub TRUE F' Om +?? 1'8"tI r ?;± F i?;; .I- ? , d tale tR y ; t rov w<? i? rhc CO : l ?-1-f <-4hi feel 4 ?W? Nohere C?cJ?c??S iC?? •? J?? Q ?Jr-JC4. )e ?I??„J /? ??rP<C,vJS St? Pr?I]/Cf <P v2l h???J?JPSS - YvvC c? JC :J cwce tas s «?t ODui ? N(vc>;, , y UE?S F v ?j ) / (0/11) ed wor?X hNis Y CIEV,*J yok -2 ? U W c( o h ???? E )S ???'?? I t s r, v P ho- ?rjPr C,444 hC?c ?Pr ?o ??55 e5s. 14 S ct L V\ L w of I?Q - f i.lr ?h r'? OPC C) ?006 ? Of E) ,E E Z-:-W13 / i ?*z & I All 711 lotl) ?S 6 401 C4 e u/v lwlelleoc/ /?o YC, IgAke A C14% 4 JD lVo lp ? f er boIv A&r YO - y r/ ? s Can 1(C? e ?(n/ Cicc e d5 ht, oi?-r ?' S ors JL A/0 ?C?ttY-'le t?Jh?i t" ? Dr Gr/;yir>?Pillr°?G'c` %iS r?i? r Jw h ?r d? Cl- J `l v? le?'rne?, aj?t yc+y. Y.nOw + :. Gz6C? f I' vKOy -QU?.ry ?lnn .. v ? - ?' - ?(? N(E? .bacK VERIFICATION I verify that the statements made in this COMPLAINT TO MODIFY 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. ILL, ?-J? A On -A SARA E. ROTTTENBERGER Date: (?(;) ? 1 l \ CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint to Modify Custody Order has been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this 7th day of July, 2011, addressed as follows: John S. Knaub Inmate No. JJ8835 SCI Pittsburgh 3001 Beaver Avenue Pittsburgh, PA. 15233 Respectfully submitted, r i lane M. Dils, Zir 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: July 7, 2011 SARA F. ROTHENBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2993 CIVIL ACTION LAW r? JOHN S. KNAUB rT,a -4 -rl IN CUSTODY rc- rn _ T_ DEFENDANT A G ORDER OF COURT ?.? r-j AND NOW, _ Monday, July 18, 2011 , upon consideration of the attached CginpMnt, ; it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 12, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. ,(\ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1,16d. C4andl Telephone (717) 249-3166 , P«//a/0y ? ?,,, ` /P d 74V «''i, lro? -co 1/ oj? eg( 7//-7//t/ 01"I