The URL can be used to link to this page

Home My WebLink About04-6106BRENT M. TOTH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. .41 Civil Term W ELIZABETH L. TOTH, and :CUSTODY WARREN HATCH, Defendants PETITION FOR CUSTODY 1. Plaintiff is Brent M. Toth, who currently resides at 497 Highland Court, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendants are Elizabeth L. Toth, who is currently believed to live at 818 Torway Road, Cumberland County, Gardners, Pennsylvania, and Warren Hatch, who is believed to reside in Altoona, Pennsylvania. 3. Plaintiff seeks custody of the following children: NAME DOB ADDRESS Chelsea Dawn Hatch 1/30/92 497 Highland Court Carlisle, Pa. 17013 Ashley Ann Hatch 3/11/94 497 Highland Court Carlisle, Pa. 17013 Elizabeth L. Toth and Warren Hatch are the natural parents of the children. Brent M. Toth is the step-father of the children. Step-father currently has sole physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Brent M. Toth Brent M. Toth Elizabeth L. Toth 497 Highland Court Carlisle, Pa. 17013 497 Highland Court Carlisle, Pa. 17013 11/16/04 - present. 1999 - 11/16/04 Step-father, Brent M. Toth began living with the children in November 1996. Step-father and natural mother are currently married. Natural Mother left the marital home on November 16, 2004 and left the children with step-father. She has not requested a visit with the children. The natural father, Warren Hatch, has not had contact with the children in several years. The mother of the child is: Elizabeth L. Toth, currently residing at 818 Torway Road, Gardners, Cumberland County, Pennsylvania. She is married to Brent M. Toth. The step-father of the children is: Brent M. Toth, currently residing at: 497 Highland Court, Carlisle, Cumberland County, Pennsylvania. The natural father has not had contact with the children in several years. It is believed that he lives in Altoona. The petitioner, Brent M. Toth is married to Elizabeth L. Toth. 4. The relationship of plaintiff to the children is that of Step-father. He is in loco parentis. The persons that the plaintiff currently resides with are: the children. 5. The relationship of defendants to the children is that of natural father and natural mother. It is the unknown who the defendants reside with. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: On November 16, 2004, natural mother left the marital home and left the children with step-father. Step-father has been in loco parentis. He has resided with the children for over five (5) years. Mother moved to a residence in a different school district. She has not maintained contact with step-father or the children. She has been diagnosed as bi-polar and with dissassociative disorder and she has recently been suffering severe symptoms from this disorder. Step-father is in a better position than mother to care for the children. He has a steady job and is physically and mentally healthy. He could maintain the children's schooling in their current school district and could ensure them a stabile home environment. 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. WHEREFORE, Plaintiff requests the court to grant custody of the child and enter their agreement as an Order of Court. Date: k(1- ( D L j Respectfully submitt " ? ? C7? ams, Esquire V J . N . 79465 36 So h Pitt Street le, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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 18 Pa.C.S. §4904 relating to unworn falsification to authorities. °01•: Brent M. Toth, Plaintiff `Y l,' y ua N V ?J c?6 O V OO u• ? BRENT M. TOTH, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH L. TOTH, and WARREN HATCH, Defendants :No. 04- ? 10 4 Civil Term :CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff is Brent M. Toth, (hereinafter referred to as "Step-Father"), who currently resides at 497 Highland Court, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendants are Elizabeth L. Toth (hereinafter referred to as "Mother") and Warren Hatch (hereinafter referred to as "Natural Father"). 3. Defendants are the natural parents of Chelsea Dawn Hatch, date of birth, January 30, 1992, and Ashley Ann Hatch, date of birth, March 11, 1994. (Hereinafter referred to as "Children"). 4. It is believed that Mother lives at 818 Torway Road, Gardners, Cumberland County, Pennsylvania, 17324. 5. It is believed that Natural Father lives in Altoona, Pennsylvania; he has not had contact with the children in over four years and his specific address is unknown. 6. Step-father and Mother married on June 21, 2003; since 1996 they have resided at 497 Highland Court, Carlisle, Pa., with the children. 7. During the past year, Mother has been under the care of a psychiatrist and has been diagnosed as being bi-polar. She has also been diagnosed with disassociative disorder and post- traumatic stress. She underwent in-patient treatment for various disorders in May 2004. 8. On or about the time that mother entered treatment, she signed a child care authorization for step-father to take care of the children. (Please see Exhibit A). 9. During the month of November 2004, Step-father observed that Mother was extremely depressed, remained in bed a large portion of the day, and was unable to complete simple tasks pursuant to maintaining the family home. 10. On or about November 16, 2004, Step-father and Mother had an argument after which Mother left the marital home and moved to an unknown residence. 11. Since November 16, 2004, Step-father has had sole physical custody of the children. Mother has not contacted the children or requested custody. 12. Step-father has attempted ascertain mother's whereabouts. In addition to other activities, he has hired a private investigator, he has left a note at the family home in the event that mother would return and he has asked the neighbors if they have seen her. 13. On or about November 19, 2004, Step-father found mother's car in the parking lot of Walmart in Carlisle. He looked in the car and found a note and empty pill bottles of medications which were not prescribed to mother. He promptly went to the Carlisle Hospital Crisis Invervention Center and submitted the note and a report and a 302 Warrant was issued. To the best of Step-father's knowledge the warrant has not yet been served. 14. Step-father knows of no current order of court regarding custody of the children. 15. Step-father is extremely concerned about the welfare of the children and the possibility that Mother might remove them from the jurisdiction; it is believed that she is residing with an individual named Michael Boone at 818 Torway Road, Gardners, Pa. Petitioner believes that Michael Boone may be planning on moving to Nebraska and Mother may be planning to move with him sometime this week. 16. Step-father is extremely concerned about Mother's ability to care for the children should she take custody of them. 17. Step-father is in loco parentis and is requesting that he be granted primary physical custody and legal custody until a custody conciliation can be held or until further order of court. 18. Step-father is requesting an order of court be entered granting him primary physical custody of the children for the following reasons: a. Mother has been diagnosed with serious mental conditions and was previously under the care of a psychiatrist. Since she left the children in Step-father's care on November 16, 2004, it is believed that she is not taking her prescribed medications since these were left behind in the marital home. b. After observing a note and empty medication bottles in Mother's care, Step- father took the note to the Crisis Center at Carlisle Hospital and made a report and a 302 warrant was issued. Step-father was extremely concerned about Mother's mental state after observing the note and medication. c. During November Step-father observed mother to be extremely depressed, to the extent that she was unable to perform daily household tasks. Step-father has a regular job and has been able to maintain the household in mother's absence. He has been making sure that the children attend school and has been the primary caretaker of the children. d. Ashley Ann Hatch is epileptic, and requires medication for her condition. Step-father is in a better position to maintain and administer the child's medication if it is needed. It is unknown if mother has a source of medication or would be able to obtain medication or medical care if she had custody of Ashley. e. It is believed that Mother has moved to a residence in another school district. Step-father believes it would be seriously detrimental to the children's schooling if they were to be moved to another school district in the middle of the school year. WHEREFORE, Plaintiff requests an Order of Court granting him primary custody of the children pending a custody conciliation and/or further Order of Court. Respectfully submitted, Date: t.No. ms, Esqui re 79465 Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF CHILD CARE AUTHORIZATION I, the undersigned parent, Elizabeth L. Toth, of 497 Highland Court, Carlisle, Pennsylvania 17013, hereby grant Brent M. Toth, of 497 Highland Court, Carlisle, Pennsylvania 17013, the authority to take temporary care of the following child(ren): Ashley A. Hatch and Chelsea D. Hatch. This grant of temporary authority shall begin on May 11, 2004, and shall remain effective until terminated by the undersigned. The above named caretaker(s) shall have the power to: - seek appropriate medical treatment or attention on behalf of the child(ren) as may be required by the circumstances, including but not limited to, medical doctor and/or hospital visits - authorize medical treatment or medical procedures in an emergency situation - make appropriate decisions regarding clothing, bodily nourishment, and shelter - explain absences from school - pick child(ren) up from school - sign release forms for sports Dated: May 11, 2004 ?°4? Elizab L. Toth tt76 1-r /9- E X j I.. VERIFICATION 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 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Brent M. Toth, Plaintiff Li a ? E'er C? 13- 4 BRENT M. TOTH, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH L. TOTH, and WARREN HATCH, Defendants No. 04 - 6106 Civil Term CUSTODY AFFIDAVIT OF SERVICE AND NOW, this January 20, 2005, I, Jane Adams, Esquire, hereby certify that on or about January 13, 2005, a certified true copy of the Custody Complaint, Petition for Special Relief, Order and letter with custody conciliation date were served, via certified mail, return receipt requested, addressed to: Warren Hatch Blair County Prison 419 Market Square Alley Holidaysburg, Pa. 16648 DEFENDANT f Complete Rams 1, 2, end 9: Also aomprsse j item 4 0 RestrloW Delivery Is ds*V& ¦ Print your nemswrd address on the reverse so that we can return the card to you. ¦ Attach this card to the?Of the mellpiece, or on the front It apeori Its. 1. Arscle Addressed to: garner, 4-l?l? °° Coon+ Prison 41tj m af,?S /tile t p 9$ A X D. Is d*4" esdiass ditm scm Urn T? u Tae M YES, emsr daWay sddrsss bslasr: ON* sarwo IV", ^C ftd Moll O Brew Md OR 01 ' D Pawn RseslptforMw"doe O Land Md 00= It o. "rt1ole N Ober 7003 3110 0004 5775 4306 PIV PS Form' 3811, February 2004 _ 000100 r'Rsk" Ruda - tausasawm Respectfully e mi Jan Adams, Esquire No. 79465 64 South Pitt Street Carlisle, Pa. 17013 __, _,. ., _. ;. ...- BRENT M. TOTH, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH L. TOTH, and WARREN HATCH, Defendants No. 04 - 6106 Civil Term CUSTODY AFFIDAVIT OF SERVICE AND NOW, this February 3, 2005, I, Jane Adams, Esquire, hereby certify that on or about February 2, 2005, a letter indicating the revised conciliation date was sent, via regular mail, with a certificate of mailing, to: Elizabeth Toth P.O. Box 235 818 Torway Road Gardners, Pa. 17324 DEFENDANT u.S. POSP i dIRVIGF CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From _ k One place of ordinary mail addressed to r, 2?a? I- , T -; P U PA- (moo 1-) 32 PS Form 3817, January 2001 e pectfully Submi ?dg: n n e Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 1` 6 -, ' ?; ?. - _ , : ; . ?-? .. ;:,- ?: ?: ?: ??.? Jane Adams. ATTORNEY AT LAW 64 SOUTH PITT STREET CARLISLE, PA. 17013 (717) 245-8508 voice esoadams(a),aol.com February 2, 2005 Elizabeth L. Toth P.O. Box 235 818 Torway Road Gardners, Pa. 17324 Re: Toth v. Toth & Hatch No. 04 - 6106 (Cumb. Co.) Dear Elizabeth: Please be advised that a custody conciliation in the above-captioned matter is set for February 4, 2005 at 10:30 a.m. on the 4" floor of the Cumberland County Courthouse. Thank you for your attention to this matter. You may want to retain an attorney to assist you in this matter. Please contact me if you have any questions regarding the above. Thank you for your attention to the above. Very truly yours, ? nl.n Jane Adams, Esquire cc: Brent Toth i ??.? +1 --f CJ ` ?. il?::_ y. ?f'.. r. - `,..,; . BRENT M. TOTH, Plaintiff V. ELIZABETH L. TOTH and WARREN HATCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2004-6106 CIVIL IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Elizabeth L. Hatch formerly Toth, who resides at 504 Ross Avenue, Apt. 1, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Brent M. Toth, who resides at 497 Highland Court, Carlisle, Cumberland County, Pennsylvania 17103. 3. On February 14, 2005, the Honorable Judge Guido entered the Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Mother is a biological parent to the children and is the most fit to raise the children. b. Mother would like to be the primary caregiver. 5. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant modification of the Custody Order and schedule another conciliation hearing. Date: March 19, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner BRENT M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH L. TOTH and WARREN HATCH Defendant CIVIL ACTION- LAW NO. 2004-6106 CIVIL IN CUSTODY VERIFICATION 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 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. a,. ? I I_hL-' fiaki Eliza L. Hatch, formerly Toth, Petitioner BRENT M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW ELIZABETH L. TOTH and NO. 2004-6106 CIVIL WARREN HATCH Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, Elizabeth L. Hatch formerly Toth, do hereby certify that I this day served a copy of the Petition to Modem Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Jane Adams, Esquire 64 S. Pitt St. Carlisle, PA 17013 Dated: March 19, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner FEB 0 s 2005 r BRENT M. TOTH, Plaintiff v ELIZABETH L. TOTH, and . WARREN HATCH, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6106 IN CUSTODY COURT ORDER L_ AND NOW this day of February, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The Stepfather, Brent M. Toth, shall enjoy legal and physical custody of Chelsea Dawn Hatch, born January 30, 1992, and Ashley Ann Hatch, born March 11, 1994. 2. The Mother, Elizabeth L. Toth, shall enjoy liberal periods of temporary custody with the minor children at such times and under such circumstances as agreed to by the parties. 3. The Father, Warren Hatch, shall enjoy such periods of temporary custody with the minor children as agreed to by the parties. 4. In the event either party is dissatisfied with this Order, that party may petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. cc,* ane Adams, Esquire beth L. Toth Oarren Hatch vr?- P? 6'Z- Iq Lod exhibit "A" Judge Edward E. Guido w O 0 c C t'i'I f'r € r- tto w ?rn BRENT M.TOTH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-6106 CIVIL ACTION LAW ELIZABETH L. TOTH AND WARREN HATCH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 23, 2007 , 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 Thursday, April 26, 2007 at 8:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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. Gilro 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 Telephone (717) 249-3166 110. jtp 0- 7r 'dINVi 1X N N] d S ! :z Wd 9z 8vw LOU AiVIU Vu-,Aptldd 3Hf 30 311A4.0-7T4l3 BRENT M. TOTH, Plaintiff v . ELIZABETH L. TOTH, and WARREN HATCH, . Defendant ?A38? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6106 IN CUSTODY COURT ORDER AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation report, it is rdered and directed that this Court's prior Order of February 14, 2005, shall remain in place subject to the following modifications: 1. The mother, Elizabeth L. Toth, shall enjoy periods of temporary custody with the minor children as follows: A. On alternating weekends. For the first four alternating weekends, mother's periods of temporary custody shall be from Saturday at 9:00 a.m. until Sunday at 8:00 p.m. Thereafter, the alternating weekend schedule shall be from Friday at 5:00 p.m. until Sunday at 7:00 p.m. B. Mother shall also have custody for one evening per week from approximately 5:00 p.m. until 9:00 p.m. The evening shall be agreed upon by the parties. Absent an agreement, the evening shall be Wednesday. This provision shall apply while mother is living in the Cumberland County area. In the event she relocates out of the Cumberland County area she shall notify father so that father is not anticipating mother to have custody on the one evening per week. C. At such other times as agreed between the parties. D. Mother shall handle transportation for exchange of custody. R R 2. Counsel for either party may contact the Custody Conciliator to schedule another Custody Conciliation Conference either in person or via a telephone conference after September 1 in the event either party desires to modify this Order and the parties are unable to reach an agreement. 3. Neither parent shall be under the influence of alcohol or illegal drugs when they have custody of the minor chil ' Judge cc: ??Ze Adams, Esquire l E. Rominger, Esquire F:TMES\General\Cunvnh12321\Toth v Toth Cone iation ReporW)rdermpd 4 vil ZZ :I Wd 6Z Nnr LODZ 31HI ?o BRENT M. TOTH, Plaintiff v ELIZABETH L. TOTH, and WARREN HATCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6106 IN CUSTODY Prior Judge: Edward E. Guido 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Chelsea Dawn Hatch, born January 30, 1992 and Ashley Ann Hatch, born March 11, 1994. 2. A Conciliation Conference was held on June 25, 2007, with the following individuals in attendance: The mother, Elizabeth L. Toth, with her counsel, Karl E. Rominger, Esquire, and the stepfather, Brent M. Toth, with his counsel, Jane Adams, Esquire. 3. On the Conciliator's recommendation, the parties agree to the entry of Order in the form as attached. Date: Hubert X. ilroy, squire Custody Concil' for Pi 5 ELIZABETH L. HATCH, VS. BRENT M. TOTH, IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA NO 04-6106 Respondent IN CUSTODY PETITION FOR CHANGE OF VENUE A. THOMAS FARRELL, ESQUIRE A. Thomas Farrell Law Offices 212 Frankstown Road Altoona, PA 16602 814 942-1911 No. 40391 Counsel for Petitioner BRENT M. TOTH 233 Kates Drive, # 110 Martinsburg PA 16662 Respondent P f ELIZABETH L. HATCH, IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO 04-6106 BRENT M. TOTH, : IN CUSTODY Respondent MOTION FOR CHANGE OF VENUE AND NOW, comes your Petitioner, ELIZABETH L. HATCH, by and through her counsel, A. THOMAS FARRELL, ESQUIRE, who files this Petition for Change of Venue in the above referenced Action, pursuant to Pennsylvania Rule of Criminal Procedure 1915.2, and in support thereof sets forth as follows: 1. That your Petitioner, Elizabeth L. Hatch, formerly known as Elizabeth L. Toth, is an adult individual who currently resides at 20 East Main Street, Roaring Spring, Blair County, Pennsylvania 16673. 2. That your Respondent, Brent M. Toth, is an adult individual who currently resides at 233 Kates Drive, #110, Martinsburg, Blair County, Pennsylvania 16662. 3. That your Petitioner, Elizabeth L. Hatch, is the natural mother of Chelsea D. Hatch, born January 30, 1992, and Ashley A. Hatch, born March 11, 1994. 4. That the Respondent, Brent M. Toth, is the step-father in loco parentis to the subject children and has been provided primary and physical custody pursuant to current Order of Court. I r 5. That an Order of Court modifying the parties custody arrangement was entered in the Court of Common Pleas of Cumberland County on June 29, 2007. 6. That during the month of August, 2007, the parties hereto and the subject children, relocated to Blair County Pennsylvania at the addresses set forth above. 7. That your Petitioner intends to file a Petition for Modification of Custody and that Venue of that Motion is proper in the Court of Common Pleas of Blair County, pursuant to Pennsylvania Rules of Civil Procedure 1915.2(a)(1)(i). WHEREFORE, your Petitioner, ELIZABETH L. HATCH, respectfully requests this Honorable Court to transfer Venue of the Action filed to No. 04-6106 in the Court of Common Pleas of Cumberland County, Pennsylvania to the Court of Common Pleas of Blair County, Pennsylvania, for the reasons set forth above. submitted, Counse or th Defendant I.D. No(-403911 212 Franksto Road Altoona, PA 16602 (814) 942-1911 -2- t , rI I ELIZABETH L. HATCH, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO 04-6106 BRENT M. TOTH, IN CUSTODY Respondent I HEREBY CERTIFY that a true and correct copy of the foregoing Petition for Change of Venue has been served upon Brent Toth by regular U.S. Mail, postage paid, on the day of , 2009 to the following address: N -j Brent M. Toth 233 Kates Drive, # 110 Martinsburg PA 16662 Counsel fopAPlaintifj 212 Frankstown Ro; Altoona, PA 16602 I.D. NO. 40391 (814) 942-1911 M 35 S r ELIZABETH L. HATCH, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO 04-6106 BRENT M. TOTH, : IN CUSTODY Respondent RULE TO SHOW CAUSE T ANDNOW, this ? day of August, 2009, upon consideration of the Petitioner's, ELIZABETH L. HATCH, Petition for Change of Venue, a rule is granted upon the Defendant, BRENT M. TOTH, to show cause why the relief requested should not be 10m. grranted. ? Rule returnable 3 , 2009 at3-0 in Room---R at the Cumberland County Courthouse,' ysu lig; Pennsylvania. ?L?sl BY THE COURT: *ii Fil OF THE PAR, `t7H )NC ARY 2009 AUG 19 Atli 61. 4 P I' Y VAhIA gll Q?Oq - Co i Es I AUG T8 2009 1 ELIZABETH L. HATCH, IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO 04-6106 BRENT M. TOTH, : IN CUSTODY Respondent ORDER _ AND NOW, this'd day of , 2009, upon review of the within Petition and noting that the parties and the subject children have resided in Blair County, Pennsylvania, for a period of approximately two (2) years, pursuant to Pennsylvania Rules of Civil Procedure 1915.2, it is HEREBY ORDERED, DIRECTED and DECREED that Venue of this case is proper in Blair County Pennsylvania and the Prothonotary is hereby directed to forward the case file of No. 04-6106 to the Court of Common Pleas of Blair County Prothonotary. BY THE COURT: J. 3 2009 SFP 2 9 Pi'l 2: 1 i I Y