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Home My WebLink About06-4041 , . , DOCKgT: S-2214-2002 ~I CUSTODY PLAINTIFFS GOETZ,JENNIFER ANN 5 MIFFLIN STREET PINE GROVE, PA 17963 ATTY: SHANA M PUGH 111 411 JI II i, J, 41., 4tl CUSTODY CONCILIATION OFFICER FEE 11/15/2002 at 02:32PM CROSSEN III,JAMES E 75.00/PLAINTIFF T & E 11/15/2002 at 02:35PM PLAINTIFFS 60.00/PLAINTIFF STATE TAX (.50) 11/15/2002 at 02:35PM PLAINTIFFS 0.50/PLAINTIFF ATTORNEY 11/15/2002 at 02:35PM PLAINTIFFS 3.00/PLAINTIFF SATISFACTION 11/15/2002 at 02:35PM PLAINTIFFS 7.00/PLAINTIFF COMPUTER FUND 11/15/2002 at 02:35PM PLAINTIFFS 10.00/PLAINTIFF AOPC/CUSTODY 11/15/2002 at 02:35PM PLAINTIFFS 1.00/0FFICE AOPC/CUSTODY - STATE 11/15/2002 at 02:35PM PLAINTIFFS 4.00/0FFICE FILED: 0(. - 46"1 CiOLL ~~ 11/15/2002 at 02:35PM DEFENDANTS TOWSLEY,DARRELL SCOTT 29 MAIN ST PO BOX 173 ALMOND, NY 14804 ATTY: SHANA M PUGH FILING . , . DOCKET: S-2214-2002 FILED: 11/15/2002 at 02:35PM CUSTODY ------------------------------------------------------------------------------- FILING ------------------------------------------------------------------------------- jf J, il h i~ b J4 J AUTOMATION FUND 11/15/2002 at 02:35PM PLAINTIFFS 5.00/PLAINTIFF -------------------------------------------------------------------------- ORDER OF COURT/COPIES 11/20/2002 at 12:32PM BALDWIN,WILLIAM MAILED -------------------------------------------------------------------------- NOTICE OF CUSTODY CONFERENCE 11/20/2002 at 12:32PM BALDWIN,WILLIAM 12/17/2002 CCO 09:45AM -------------------------------------------------------------------------- APPLICATION FOR CONTINUANCE 11/27/2002 at 10:44AM CROSSEN III,JAMES E -------------------------------------------------------------------------- APPLICATION APPROVED 11/27/2002 at 10:44AM BRESSI,LYNNE G -------------------------------------------------------------------------- APPEARANCE FOR DEFENDANT 12/16/2002 at 03:20PM HOBBS,CHRISTOPHER W -------------------------------------------------------------------------- ORDER OF COURT/COPIES MAILED 12/27/2002 at 11:15AM BALDWIN, WILLIAM . I ~;~~~~-;;-~;~~~~~~-~~~~;~~-~;~;~~~~~~-~;~~~~-~~~~~--~~/;~/;~~;--~~~~~--- ~ 12/27/2002 at 11:15AM BALDWIN,WILLIAM -------------------------------------------------------------------------- i{APPLICATION FOR CONTINUANCE 01/14/2003 at 12:29PM HOBBS,CHRISTOPHER W J. -------------------------------------------------------------------------- ~ APPLICATION APPROVED h 01/14/2003 at 12:29PM ~ BRESSI,LYNNE G J~ ~ -------------------------------------------------------------------------- ORDER OF COURT/COPIES MAILED 01/20/2003 at 11:28AM BALDWIN, WILLIAM -------------------------------------------------------------------------- NOTICE OF CUSTODY CONFERENCE 02/25/2003 10:30AM CCO 01/20/2003 at 11:28AM BALDWIN, WILLIAM -------------------------------------------------------------------------- . DOQKET: S-2214-2002 FILED: 11/15/2002 at 02:35PM CUSTODY ------------------------------------------------------------------------------- FILING ------------------------------------------------------------------------------- RECOMMENDATION 03/10/2003 at 09:39AM BRESSI,LYNNE G ~)( i~~~~~~~:~;~~~~~~~~~-~~~~~---------------------------------------------- DOLBIN,CYRUS PALMER J'--------------------------------------------------------------------"----- ,tORDER-HOME EVALUATION 03/13/2003 at 09:12AM DOLBIN,CYRUS PALMER ~~ ----------------------~~~~~---------------------------------------------- J~ J,n 1M "0 111 ORDER OF COURT/COPIES 06/26/2003 at 12:3SPM MILLER,CHARLES M -------------------------------------------------------------------------- RULE RETURNED 07/09/2003 06/26/2003 at 12:3SPM MILLER,CHARLES M 09:30AM CT RM 7 -------------------------------------------------------------------------- APPLICATION FOR CONTINUANCE 07/03/2003 at 12:3SPM HOBBS,CHRISTOPHER W -------------------------------------------------------------------------- ORDER OF COURT/COPIES 07/03/2003 at 12:3SPM MILLER,CHARLES M MAILED -------------------------------------------------------------------------- APPLICATION APPROVED AND 07/03/2003 at 12:3SPM MILLER,CHARLES M 07/22/2003 CT RM 7 CONTINUED 09:30AM -------------------------------------------------------------------------- 11..'1 ORDER OF COURT/COPIES OS/01/2003 at 11:59AM DOLBIN,CYRUS PALMER ill MAILED -------------------------------------------------------------------------- ORDER - VACATED OS/01/2003 at 11:59AM DOLBIN,CYRUS PALMER , -------------------------------------------------------------------------- I~ STIPULATION & ORDER OF COURT-COPIES MAILED A\ OS/01/2003 at 11:59AM DOLBIN,CYRUS PALMER -------------------------------------------------------------------------- ;.i!> PRAECIPE/WITHDRAW APPEARANCE OF COUNSEL 12/01/2004 at 02:27PM CROSSEN III,JAMES E -------------------------------------------------------------------------- . , . . DOCKBT: S-2214-2002 FILED: 11/15/2002 at 02:35PM CUSTODY FILING 4 APPEARANCE FOR PLAINTIFF >>1 12/01/2004 at 02:27PM L;J CROSSEN III,JAMES E ~ 4------------------------------------------------------------ PETITION -------------- I 05/17/2006 at 12: 54PM PUGH, SRANA M J"I ~~~~~~~:i;:~~~i~~:~~~~~~------------------------------------------------ ~ Lt PUGH, SRANA M J f.;~~~~-;;-~;~~~/~;~~~~-~~~~~----------------------------- , 06/07/2006 at 02: 38PM DOMALAKES,JOHN E i 4--------------------------------------------------------- ORDER-MOTION DENIED ----------------- I 06/07/2006 at 02:38PM DOMALAKES,JOHN E ~/t'~~'i~~~~%i~:~;:~~~~~~---------------------------------------------------- . 1 PUGH,SRANA M /--------------------------------------------------- - ,J' ~ AMENDED PETITION - --------------------- ~1~ 06/12/2006 at 10:17AM PUGH, SRANA M J, ~ PETITION FOR SPECIAL RELIEF ~ 06/16/2006 at 10: 52AM d PUGH,SRANA M 60.00/PLAINTIFF Mil -L" ~~~~~;~~~~~ -;; - ~~~~~~~ - - - - - - - - - - - - - - - - - -certlfiea-fro- -lh,-Records f.hlS-~ ~ to06/16/2006 at 10:52AM ?Anf PUGH, SRANA M day of A.D. .t7fIIJLJ:1 i --------------------------------------------- ORDER OF COURT/COPIES MAILED ,10 06/19/2006 at 02: 02PM p )T'Tr?~AR DOMALAKES, JOHN E d~ ~,~~~~;~::~~;~~~~:~~-MAILED------------~----------~~~~----- DOMALAKES,JOHN E 4r.~A:>RDER TRANSFERRING JURISDICTION I 07/06/2006 at 02:40PM - DOMALAKES, JOHN E '. , . . . " "4 ~ - - -' 7d ).,) :.-- C..,-,. il \\. t> \> - ,-' \.) ~ ~ - D :: ~ V'\ .. 0. U"( '- ' ~ 3- " C> @ IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, Petitioner No. s- ;<~Itf-D~ vs. DARRELL SCOTT TOWSLEY, Respondent IN CUSTODY ORDER OF COURT AND NOW, this J 'N/!.. day of Y1 (/WIrrZUtv ' 2002, at j: ~ you are hereby ORDERED to appear as I J;llows: o'clock flm., "'" f"'o..J c..:. You have been sued in Court to obtain Custody, Partial Custody or Visitation of the child' -,- ." named in the Complaint. You are hereby ordered t~p!:,:.ar in ~son at the Custody ConfiHiation. Office of the Schuylkill County Courthouse on ~ I U' ~[) :J _ t~' -.' . ' at 9'.45 o'clock tt... .m. for a Custody Conciliation Conference. ;:;z .'.... . ~ .. You are not ordered to bring with you the child named in the complaint. r-;;; -' If you fail to appear as provided by this Order, an Order of Custody, Partial Custody or Visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER (and the attached papers) TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. P A Bar Association Lawyer Referral Service 100 South Street-P,O, Box 186 Harrisburg, P A 17 I 08 1-800-692-7375 Counsel and pro se litigants are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. BY THE COURT: ~.i.A\) e\ -, \ J. AMERICANS WITH DISABILITIES ACT OF 1990: The Court of Common Pleas of Schuylkill County is required to comply with the Americans with Disabilities 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 12 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. il IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, Petitioner No. S- d.d..ILf-D'd- vs. DARRELL SCOTT TOWSLEY, Respondent IN CUSTODY NOTICE OF CUSTODY CONFERENCE TO: Conciliation Conference has been ordered for at q ~ 4 5 o'clock 0\_ .m. on the above-captioned matter; an , counsel and interested parties are to report to the Custody Conciliation Office, in the Schuylkill County Courthouse in Pottsville, Pennsylvania. Enclosed is a copy of the Order of Court. Copies of it and the supporting pleading are to be served on all interested parties immediately. Promptly thereafter, an Affidavit of Service is to be filed with the Prothonotary. The original Order and the pleading have been filed. All requests for a continuance of a CUSTODY CONCILIATION CONFERENCE must be made on the APPLICATION FOR CONTINUANCE form, shall be filed with the Custody Officer; and a continuance will be granted only upon good cause shown. Forms are available from the Court Administrator's Office and Prothonotary Office of the Schuylkill County Courthouse. Counsel and pro se litigants are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. .....p~ ^ /") C'c::.-.' /~ Dated: If / If IIJJ ~....JOI f..2-- { { LYNNE G. BRESSI, ESQUI CUSTODY CONCILlA nON OFFICER SCHUYLKILL COUNTY COURTHOUSE POTISVILLE, PA 17901 ~,e\ 7 JENNIFER ANN GOETZ, IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW No s- (}J II~y Petitioner vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Respondent ~2~ """-.- PRAECIPE FOR CERTIFICATION - PROTHONOTARY FORM 205.3 -, '-'"t' TO: PETER J. SYMONS, PROTHONOTARY: Transmit the attached filing to the ~urf Administrator for Assignment to a Judge. The nature of the filing and requested actiaW is as, ~~ ~ ~ r..;;:; Jury Trial - (Complete Certificate of Readiness) Non-Jury Trial - Any matter dispositive of the case e.g.: ( ) Equity Actions; ( ) Tax Appeals; ( ) Summary Appeals; ( ) Name Change Actions; ( ) Permanent Injunctions; ( ) Other (specify) I estimate it will require hours to present the plaintiffs/defendant's case and I will present only the following witnesses for testimony: Petition pursuant to Pa.R.c.p. 206 requesting: ( ) Issuance of Rule to Show Cause; ( ) Transfer to Court for disposition, no answer having been filed; ( ) Transfer to Court for disposition, contested matter and fact finding complete or unnecessary; ( ) Other (specify) Issue that can be decided on the record and briefs, being: ( ) Gov't Appeal; ( ) Exceptions; ( ) Judgment on Pleadings; ( ) Summary Judgment; ( ) Other (specify) Issue that can be assigned for immediate actions, being: ( ) Stipulation; ( ) Uncontested Motion; ( ) Motion for Appointment: ( ) Quiet Title Motion; ( ) Other (specify) Contested Motion (Memo attached), being: ( ) Discovery Motion; ( ) Other (specify) x ( X) Transmit to Custody Officer. Reason Custodv Conference (If hearing is required, complete the time and witness portion of this form), Hearing required/requested: Reason for hearing ( ) Special Relief; ( ) Contempt Petitions; ( ) Preliminary Injunctions: ( ) Other (specify) I estimate it will require hours to present the plaintiffs/defendant's case and I will present only the following witnesses for testimony: ZIMMERMAN, LIEBERMAN, TAMULONIS & CR:;~N ~QI By: Attorney for Petitioner Date: \I II ~ r \) :>-- For Respondent: For Petitioner: James E. Crossen. III. Esauire Notice: In matters requiring a non-jury trial or hearing opposing counsel is required to submit a report in WRITING to the Court Administrator within 10 days, (1) listing the names of the witnesses they will use at hearing; and, (2) an estimate of time required to present their case. IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CML ACTION - LAW JENNIFER ANN GOETZ, No. S- ~~llf-D~ Petitioner vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Respondent PETITION TO MODIFY CUSTODY cs.'. """ The Petitioner, Jennifer Ann Goetz, respectfully represents that: ...n 1. Petitioner, Jennifer Ann Goetz, is an adult individual, citizen of the Commdn'\Vealth ': w ' ..... of Pennsylvania and resides at 5 Mifflin Street, Pine Grove, Schuylkill County, Pennsy:fl:lmia. ,... - = 2, Respondent, Darrell Scott Towsley, is an adult individual, citizen of the Stilte of New York and resides at 29 Main Street, P.O. Box 173, Almond, New York, 14804, 3. The Petitioner and Respondent are the natural parents of Cassandra Nicole Towsley (DOB 08/08/1991) and Shawn Patrick Towsley (DOB 06/02/1994). 4. On October 17, 2001, an Order of Court was entered by a New York State Court which provides that the Petitioner shall have custody of the minor children and that the Respondent shall have visitation on alternating weekends from Friday at 9:00 p.m. until Sunday at 7:00 p.m. The Order further provides that holiday visitations shall continue as set forth in a prior Order of the Court. During the visitation periods, it was ordered that Daniel Fisher, son of Debra Fisher (Respondent's fiance), shall not be present with the children during the times the Respondent has the children for visitation and that the said Daniel Fisher shall have no contact with the children. This prohibition resulted from alleged incidents of abuse involving Daniel Fisher and the minor child, Shawn Patrick Towsley. Finally, the Order of Court provides that transportation shall be shared by the parties with the transfer point to be in WiIliamsport, Pennsylvania. See Exhibit "A" for a true and correct copy of the Orders of Court from the State of New York concerning the custody of the children in this matter. 5. Plaintiff, Jennifer Ann Goetz, filed a Petition to Modify Custody in the New York Court and the Court entered an Order on October 24, 2002, and dismissed the Petition since the Court concluded that it no longer has jurisdiction over the minor children who have resided in Pennsylvania for the past three (3) years. See Exhibit "B" for a true and correct copy of the Order of Court dated October 24, 2002. 6, The best interest and permanent welfare of the minor children would be served by modifying the current custody order based upon the following substantial changes in circumstances; (a) The minor children have observed incidents of domestic violence while in the custody of the Respondent; (b) The Respondent has repeatedly failed to provide prescription medication to the minor child, Cassandra during his periods of visitation; (c) The Respondent has occasionally denied the minor children meals and/or snacks during periods of visitation; (d) Members of the Respondent's household repeatedly smoke cigarettes in the presence of Cassandra, who has asthma, which is in violation of the instructions of Cassandra's medical providers; (e) The Respondent has repeatedly allowed Daniel Fisher, son of his fiance, to have visual contact with the minor children during the exchanges of custody. It was previously alleged by the Petitioner that the said Daniel Fisher had sexually abused the minor child, Shawn Patrick Towsley, which gave rise to the prohibition against contact with the said Daniel Fisher, 7, The current visitation schedule which grants the Respondent alternating weekends with the minor children is not in the children's best interest for the following reasons: 2 (a) The children are currently required to spend five (5) hours in the car for each exchange of custody. This extensive driving is very difficult for the children to undergo on an alternating weekend basis; (b) The alternating weekend schedule prevents the minor children from engaging in many activities; ( c) Respondent himselfhas acknowledged that the alternating weekend schedule is not working since he repeatedly cancels many of the scheduled visits; (d) The time that the children are returned on Sunday is too late. Instead of being 7:00 p.m., the Petitioner is suggesting that the time for returning the children should be 5:00 p.m. on school nights. 8. Based upon the above listed facts, the Petitioner is requesting that the Respondent's visitation schedule shall be as follows: (a) One weekend per month beginning Friday at 9:00 p.m. until Sunday at 5:00 p.m. unless there is no school on Monday, in which case the return time would be 7:00 p.m. on Sunday; (b) The major holidays of Thanksgiving, Christmas and Easter would be alternated between the parties in this case so that the Petitioner would have Thanksgiving in 2002, the Respondent would have Christmas in 2002 and the Petitioner would have Easter in 2003. Those holidays would then alternate between the parties going forward. WHEREFORE, the petitioner, Jennifer Ann Goetz, requests this Honorable Court to modify the custody arrangement of the parties as detailed in this instant petition. Respectfully submitted, -.; ~LNC\W~' CKO~EN By: James E. Crossen, III, Esquire Attorney ID No. 70578 Attorneys for Petitioner 3 OCT-15-20D2 TUE 02:18' PN LAW OFFICES FAX KQ 570'622 3261 .p, 02 Vf.RlFICA TION I, Jennifer Goetz, the within-named Plaintiff , certify that the statements made in the foregoing Petition for Modification of Custody, which are within my personal knowledge are true. and those which are based on information received from others, I believe to be true. 1 understand that false statements herein arc made subject to the penalties of 18 Pa. C.s.A. ~4904, relating to unsworn falsification to authorities. i#en L~&R oj Je fer Goetz Dated: 10 W;J 02-. , E y:~ I h tf- ft ;! . , At a term of the Family Court of the State of New York held in and for the County of Steuben at Bath, New York, on August 27, 2001. i II II I, PRESENT : HON. JOSEPH W. LATHAM FAMILY COURT JUDGE ------------------------------------ In the Matter of a Proceeding Under Article 6 of the Family Court Act !. DARRELL TOWSLEY, ORDER Petitioner, Docket #V5697/5698-00 vs. JENNIFER BOWERS, Respondent. ------------------------------------ NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY, AFTER COURT BEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT. The Petitioner having duly filed a Petition with the Court, sworn to on November 6, 2000, pursuant to Article 6 or the Family Court Act, and the matter having duly come on to be heard before the Court on August 27, 2001, and Darrell Towsley, Petitioner, having appeared with his attorney, Paul Argentieri, Esq;, and the Respondent having appeared by her attorney, John A. Brasley, Esq., and the Law Guardian, Sally A. Madigan, Esq. having also ONN A. BRASLEY 1\ Attorney at Law ! : Bath, New York appeared, and the parties having consented to the following Order in disposition of the above matter, : ~ II OHN A. BRASLEY I Attorney at Law Bath. New York I : NOW, therefore, it is hereby ORDERED, that Jennifer Bowers shall retain sole custody of the children, Cassandra Towsley, born August 8, 1991, and Shawn Towsley, born June 2, 1994, and it is further ORDERED, that visitation with Darrell Towsley shall be on alternate weekends from Friday at 9:00 p.m. until Sunday at 7:00 p.m., and it is further ORDERED, that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times the Petitioner has the children for visitation, and shall have no contact with the children, and it is further ORDERED, that the above restrictions shall continue until lifted by Angela Strickland, who is the counselor for the children, and it is further ORDERED, that holiday visitation shall continue as set forth in the prior Order of this Court dated September 30, 1999, and it is further ORDERED, that transportation for the children's visits shall I be shared, with the transfer point to be in Williamsport, I, Pennsylvania, as previously agreed to by the parties and as recommended by the Law Guardian, and it is further ORDERED, that Darrell Towsley shall have visitation of the children on Labor Day, 2001, and Jennifer Bowers shall have physical placement of the children on Columbus Day 2001, and it is further ;: il ORDERED, that all unaffected provisions of the prior Order of this Court dated September 30, 1999 shall remain and continue in full force and effect. Dated: O~J..t.-171.J:;O\ I ENTER: cc: Petitioner Respondent Paul Argentieri, Esq. John A. Brasley, Esq. Sally A. Madigan, Esq. Pursuant to Section 1113 of the Family Court Act, an appeal must be taken within thirty days of receipt of the Order by the appellant in Court, or thirty-five days from the mailing of the Order to the appellant by the Clerk of the Court, or thirty days after service by a party or Law Guardian upon the appellant, whichever is earliest. N""'-- Plca.!e t,l):~ ~:'.' ~ -~. ..?f!' ~y "".-, ....:.::~::-: 13 ~n . :::. .~-' ! , '---' At a tenn of the Family Court Held in and for the County of Steuben at the Village of Bath September 27, 1999 (J') -ic.n c::: _.~ ~ FAMIL Y COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN z c "'" I \.:J In the matter of a proceeding under Article 6 Of the Family Court Act c PetitionerlRespondent, ORDER (Upon Consent of the Parties) V3613/3614 .03612-99 V3616/3617-99 n3615-99 Jennifer Bowers, -against- Darrell Towsley Respondent/Petitioner. NOTICE: YOUR WILLFUL FAILURE TO OBEY AN ORDER OF THIS COURT MAY, AFTER A COURT HEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT. That on an appearance of the Family Court on September 27, 1999, the Petitioner, Jennifer Bowers, having appeared with her attorney Timothy J. Rosell, the Respondent Darrell Towsley having appeared without counsel, the parties having been considered infonnation then available to them and having discussed the matter, agree that the Court issue an Order as follows: ORDERED, that the Petitioner Jennifer Bowers shall retain sole custody of the children Cassandra Towsley (dob 8/8/91) and Shawn Towsley (dob 6/2/94) with visitation to the father Darrell Towsley, ORDERED, that visitation with Darrell Towsley shall be on alternate. weekends from Saturday at 9:00 am to Sunday at 7:00 pm Petitioner Jennifer Bowers to deliver the children to Darrell Towsley, the Respondent Darrell Towsley to deliver the children to Jennifer Bowers on Sunday at 7:00 pm, ORDERED, that holiday visitation shall be as set forth: Respondent father shall have visitation 3 non-consecutive weeks in the summer vacation of the children, " ORDERED, that the parties shall evenly divide the holidays Thanksgiving, Christmas and Easter with Petitioner to have the first half of the school vacation and Respondent to have the second half of visitation, " ORDERED, that the transfer time for these children shall be 2:00 pm the day of the holiday, ORDERED, that while Respondent Towsley has visitation with the children, the child Cassandra shall not be left alone with Amanda without adult supervision of their conversations, ORDERED, that the restriction with regard to Amanda shall be lifted upon the recommendation of a therapist or counselor meeting with Cassandra, ORDERED, that there shall not be telephone contact between the hours of 8:00 pm and 8:00 am, This Order upon consent of the parties shall resolve all pending petitions. Dated: -L4J S / ~} / /Ron. John D. Frawley , Acting Family Court Judge Pursuant to section 1113 of the Family Court Act, an appeal must be taken within thirty days of receipt of the order by appellant in court, or thirty-five days from the mailing of the order to the appellant by the clerk of the court, or thirty days after service by a party or law guardian upon the appellant, whichever is earliest. o - - -I- NmCB OF ENTRY fl4 . ~ Please take notice that the within is an ^ QA..O _ Order entered in the Office of the Clerk ~f ../ ~.J, _ ()O the Family Court of the State of New York I.n r: ~ ~ the County of Steuben AND was seJ:Ved ~ ~e I --0 parties and atto77eys of !?cord 1n th1S matter on - I 'if - q by providing the same by regular mail (un~ess otherwise noted) at the address last pronded tOtheCourt.~ Chief Clerk (rh1wr+ B " Hutchison and Maio ~ 110""'3433'" (607,J 734 -:3398 . p. 2 Dill ~UU/U!/2002 ~tsa35_ Nov 12 02 04:25p Ii' 'I~ Ata Term of the Family Court of tile State of New York held in and for tile County of Steuben, at Bath, on the "fd' day of October, 2002. PRE S E N T: RON. JOSEPH W. LATHAM, Judge ~ f " ... ii!'!: ~; 2 f! ?: E~. In the Matter of a Proceeding under Article 6 oCtile Family Cowt Act ~ i JENNIFER GOETZ, ~ -8g8inst- ~ N ("' ~ ~. o Ji:": Docket No.: V -S697-S698-00/02A Petiticmer, ORDER F ~ j '< DARYL TOWSLEY, Respondent .....--- -..---.-------- ~ i ~ ~ s: ~ * NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY, AFl'ER COURT REARING RESULT, IN YOUR COMMITMENT TO JAIL lOR A TERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT, The above-captioned IIllIIters having come on to be heard pUlSllllllt to an Orela- to Show Cause 8IId a Petition for Maditication of a Prior Order of this Court filed by Jennifer Goetz, she being represented by HUlchison '" Maio, Steven P. Maio, Esq., of counsel, and Dery\ Towsley appeariDg I!m & and the Court having heard argwnents of the parties and having delelmined that the children in question have been residents of tile Commonwealth ofPCIIIlsylvania for the put three (3) years and therefore having detennined. that this Court lacksjurisdiction 10 entertain the subject Order 10 Show CaUlle and Petition; it i. hereby NoV 12 02 Hu~ehison and Maio tI01rr3433..' (607 ~ 734-,3398 /2 11II,,"2/2002 (,Jl]EII FaxWare ORDERED, that \he Order to Show Cause 811ll Pelition 1M hereby dismissed. ENTERED: ~ '1 i Signed and dated tile ~y of -bJ...:\~~ ~ . 2002.. at Balh. New Yorl<, ~ i NonCE: PVRSUAl'O'TOSECTlON l1l30J'TBEFAMlLY coutO' ACT, AN APPIAL MUST BE T.\KEN WlTfIIN 1'IIIln'Y DAYS OJ RECEIPT OF THlt ORDER BY THE AFPELLANT IN COtJRT, TlOllTY.PIVf, DAYS IlROM THE MAILING OF THE ORDER TO TIlE APPELLANT BY THE CLERK OJ' THE COtJRT OR. 'TlIlRTY DAYS AFl'ER SEllVleJ: BY A PAllTY OR LAW GUARDlANll1'ON THE APPELLANT. WftlCIIEVER IS EAltUEST. i" ~ .. I " M Jm":"-~ ~co .~....,.,.,:y ,Ef.~;7~:;:ji:i'~:~); .'~<(i;,>~'~. ::? ...t.:..,," ,.1/' l)'::;{-: '.,,' < '''", ." ".", Sa:If:: by r:,'e-:.' .:~:". ~~,,~...c... ."_ ::::~. :"f'!";c., ..~ ' '." "l;~ ~ ....'":. '\l.~.,\....''''_ - .'- h!.Xi;:~':":~'.;7::~~:::~;~~'~'~".~ ~ <lj ~ ~ ~ . ---- ./ ..Y~ ~(7~' N 3: ;: m :Jl ;: )> " ~ ~ Iii i= ::: CD r ~ m ,m m :Jl p ~ ~-~ ~5;Qi! x A :!! ~ ~~~C Q:)cnfJ)r- -< 0 ~ Z ~ en Ilo o :Jl o III III m ~ in" .... m g~ en (f) '" -< '" r .:.. ~ ~ ~ .... <0 "" o '" ~ c.... ~ CJ:l :> ~t"l ~. o ~~ KlCJ:l CJ:l Ht"l 'Z tJ. I H ....H H -..J. o Ult"l -..JCJ:l 00..0 c: H :>:f t"l . '10 :/Jr;r'~)\{{ "j I.' . . z ~ 0 CJ:l I t'" t'" '1:l t"l CJ:l ~ (') H 0 ~ ~ H ~ 0 Z ~ 0 ~ :;:: 0 CJ:l :>:f t'" ~ (1) t"l en Kl tJ "(j H 0 "%J ::l Kl p,. (1) (') ::l c: rt CJ:l ~ 0 H tJ Z Kl 0 c: Ul ~ 0 tJ Kl m-o :0 .-/% , , Cl < '1<> Z c ~ ,...., '" (;:,-j ~ .......;. \ 1 I I , , 1 , ti'. I - I I (....."-1 I I ".) I (~j I , N I --.'-" i ~;.:: i C~) "" c.... \ i t"l 1 z Z I H I "%J I t"l H :>:f Z :> ~ z 0:0:: Z 0 "%Jt"l H c;J <: Ul(') 0 H (')0 t"l t'" :O::C: ~ C::>:f N :> t:S~ 0 ~ :>::0 H H"%J 0 t'" Z t"'o 0 t'" 8~ c:o ~ zz ~ Kl'1:l t'" t"l :> Ul "'~~) vf& I" ~ JENNIFER ANN GOETZ. Plaintiff Case No. S-22I4-02 vs. File No, Our Docket No. DARRELL SCOTT TOWSLEY. , Defendait ,. ~ / ,;.\'PPLICATION FOR CONTINUANCE ~i Divorce _ Support _ Custody X .....' c..~"") ( ) Pre-Hearing conference ! i~cheduled for lJl!cember 17. 2002(date) at 9:45 a,m, . -""4) ~ ",~ ",-. OPPOSEDnJNOPPOSED Unopposed Opposed (Unable to contact defendant. but wrote him a letter advising of our request for continuance) This is the first application for continuance by the requesting party, The opposing party has had.Q.... prior continuances. Application is hereby made by James E. Crossen. III. ESQuire for Jennifer Ann Goetz in the above matter to continue the Conference/Hearing in the above captioned case for the following reasons. ~ounsel for plaintiff has an ARD scheduled in the case of Commonwealth v, Keirn, Docket~678-2002 at the same tIme, ~ ~ (; Date: \\ ~S' '4) 1 ~ V l..,....l Applicant that the parties have been advised of this continuance request. pplication is approved, eason for denial: -'= .;;;:;: , , ~,~ =- = Date: ... - ...,:. f"..-: ( ) CONTINUANCE COST ASSESSMENT Reason for assessment: PRESIDENT JUDGE APPEAL OF DENIED APPLICATION ( ) Appeal is grsnted, case continued. ( ) Appeal is denied. Report as directed, - ~ ......, -u 7 By the Court, Date: A copy of the contlict scheduling notice must be attached to the continuance request. , , ~.-P~ '~b C~~' . ~ b V""~ < ~ , ~ ~.,<; ......~'1 -.,.-< - C~ -'" J;: ~ :::il- !" ::; ."".1 -:,) J;.," d ~ J~ . . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW ffiNNIFER ANN GOETZ, Plaintiff NO. S-2214-2002 vs. CC:' r;:l - CJ"" DARRELL SCOTT TOWSLEY, Defendant IN CUSTODY w ~ ';l .. f3 ENTRY OF APPEARANCE TO PETER J. SYMONS, PROTHONOTARY: I, CHRISTOPHER W. HOBBS, ESQUIRE, hereby enter my appearance in the above captioned matter on behalf of the Defendant, Darrell Towsley. DATE:~ CHRISTOPHER W. HOBBS, ESQUIRE BY ~~b~ Attomey J.D. #85078 601 West Market Street P.O. Box 149 Pottsville, P A 17901 (570) 622-3355 @ ~, '::. ,:,;,:;}:r.: __.\~..nC. ~ ';: .~~. C)-----' _' r1"l.}... ,--} ;r:' :.. <' -< ". -0 (I .... S880H oM ~:3HdOJ.SI~H:::> ... .. - ~ '. . , ... o , t:l '-< :2: H :>- '" 0 :2: 1] !i\ <: ~ ,.., '" tJ) H '" :I: 0 () ..... . 0,; I "'''' -I ..... '" N "" -I 1: ~ N H:I:" (fJ m ;0 '" ... <~O :5 " ~~ ..,. H c::: r Q UI r ~ t:lO I ..... ~ r :E -I "' ,.., N :;<:,.., U1 !" 0 ) ,.., >-n,.., P> 0 l!St:to " :E " . II 11 ;'.l "' ....." 0 Q 1] " 0 0 >l ,.., >l 0 N ,..,.....0,; m '" ;:: 1: , ","0 ..'" H '" 0 P> :<: 1-'0 ,.., 0"" N Z ) 0 1'1 ~ N Z . x ;0 "" >l '" >-nN :2:00 W , n ....... >-no I!@~ (fJ " ~ ::E " 1d '" w -< " m <JI r '!! '" >< ,..,0 <JI ~ 0 'd 0 .....><:2: . I , '" ~ " ~ 'd Z " 0 ') " ..... m '" ;:; m :>- " '" III UI '" Q 0 "" ~ '" "'1'\ -' -~ " c:> .... o to< CI> '(;g <=> ,.., -n - ~ ~. , ' \ COpLO~ mOU \Q ci D(j Ceo I;;)./CJ 7/o~ IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 vs. Custody c_~ en C"'> ,,-, --.J DARRELL SCOTT TOWSLEY Defendant ORDER OF COURT NOTICE OF CONTINUED CUSTODY CONFERENCE .... U1 ""'" ::.0: TO: James E. Crossen, III, Esq. for Plaintiff Jennifer Ann Goetz, by first class mail Christopher W. Hobbs, Esq. for Defendant Darrell Scott Towsley, by first class mail c::5 '" You _~ordered to bring with you the child(ren) named in the complaint. PLEASE TAKE NOTICE that the conference in the above captioned matter has been continued tei JANUARY 21, 2003 AT 1:15 P.M. as approved by the Custody Conciliation Officer. Counsel and interested parties are directed to report to the Custody Office, Schuylkill County Courthouse, in Pottsville, Pennsylvania, All other provisions of prior Court Orders remain in effect. Any request for further continuance must be made on the standard APPLICATION FOR CONTINUANCE OF CUSTODY CONFERENCE FORM, and then filed with the Custody Conciliation Officer. Lynne G. Bressi, Esq,-Custody Conciliation Officer 401 North Second Street Pottsville PA 17901-2528 (570) 628-1339 Counsel and pro se litigants are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. IN THE EVENT OF INCLEMENT WEATHER, PLEASE CALL 570-621-9030 AFTER 7:30 A.M. FOR NOTIFICATION OF ANY DELAYS OR CANCELLATIONS OF SCHEDULED COURT PROCEEDINGS. Dated: 12/27/02 BY THE COURT: /S/ BALDWIN, PJ P.J. J~ (j) ~~ ~,3: .' nl~: ---.! ;;:- -< ,;- -u (, ~ \.d~,'. \ ~~ ~ 'to .. '/~ t,'~{ \>' ) \ .~ . .. . J( P,2 @ vs. JENNIFER ANN GOETZ, Plaintiff : Civil AWOD . Custody : Docket#: 02 S 2214 o DARRELL SCOTT TOWSLEY, Defendant ., " " ~ ' ~:,,:::;.).< ,I .' . APP~CATION~NTlNUANCE Divorce . Suppo~'.' . Custody _X_ ( )Pre-Hearing Conference (X )Hearing scheduled for January 21, 2003 at 1 :15 p.m. ( ) Conference . Below IlI'C listed AIoI. eounsel and pro Ie litigants in the above-eaptioned case and whether Or not they oppose this application. (Failure to notify and list ALL Counsel and pro se litigants on this application will result in an automatic denial oflhe application): . COUNSEUPRO SE LITIGANTS OPPOSEDIUNOPPOSED James E. Crossen, III, Esquire Unopposed This is the fil'St application for continuance by the requesting party, The opposing party has had no prior continuances. Application is hereby made by Christopher W. Hobbs. Esquire, for Defendant In the above matter to continue the Hearing in the above captioned case for the following reason(s): Defendant, Darrell Scott Towsley, has a hearing in Allegheny County on . January 21, 2003 at 10:00 a.m. in Belmont, New Yode. Available Dates: January 30, February 3, February 6, Febrnary7.1M./1v . . Date: 1/13/03 ~ \A. . C er W. Hobbs, Esquire Cou eertifies,that the parties have been advls 'this continuance reques . ( Application is approved. ( ) Applic is denied. Report as dire Reason for denial: Date: - .r::- 4 ", - r-> '-';' <.0 -0 ::::s::: ,-I -' ....~; f, - l>- ( ) CONTINUANCE COST ASSESS Reason for assessment: ...., PRESIDEJIIT JUDGE , APP1l'.'" OF Jw.Nl1r.n APPLlC>\.TION ( ) Appeal i. sranted, case continued. ( ) Appeal is denied. Report as directed. By the Court, Date: A copy of the conflict SClheduling notice must be .....~h.ed to the continuance R:quest. A~ ~ ~ '~J~ ~ '7"". !,......'. /,';",'<1>>/ " / %. ':-J>,.7';. .' .\ ,/ . ,~/ } ", ," / '> ,n' ,/" .,<~..' ,\ .' . ...0' , R<~ ~. ('~) >-- ~_ i W 10 :.J - u. / ,,~, . .... ) '/ , ""' '\.... , ,,' P .f\ o,lJ.'lPC (1) ," .tr V\.V"" ~ 'V "- IN THE COURT OF COMMON P'(EAS 010 SCHUYLKILL COUNTY CIVIL ACTION. LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 vs. Custody ,"-' c__. DARRELL SCOTT TOWSLEY Defendant '" ro ""'" = ORDER OF COURT NOTICE OF CONTINUED CUSTODY CONFERENCE - = <.oJ TO: James E. Crossen, III, Esq. for Plaintiff Jennifer Ann Goetz, by first class mail Christopher W. Hobbs, Esq. for Defendant Darrell Scott Towsley, by first class mail You _€n~9:>rdered to bring with you the child(ren) named in the complaint. PLEASE TAKE NOTICE that the conference in the above captioned matter has been continued to FEBRUARY 25.2003 AT 10:30 A.M. as approved by the Custody Conciliation Officer. Counsel and interested parties are directed to report to the Custody Office, Schuylkill County Courthouse, in Pottsville, Pennsylvania, All other provisions of prior Court Orders remain in effect. Any request for further continuance must be made on the standard APPLICATION FOR CONTINUANCE OF CUSTODY CONFERENCE FORM, and then filed with the Custody Conciliation Officer. Lynne G, Bressi, Esq.-Custody Conciliation Officer 401 North Second Street Pottsville PA 17901-2528 (570) 628-1339 Counsel and pro se litigants are ORDERED to immediately consult their schedules for conflicts and to promptly request a continuance where necessary because of a prior attachment or emergency situation. IN THE EVENT OF INCLEMENT WEATHER, PLEASE CALL 570-621-9030 AFTER 7:30 A.M. FOR NOTIFICATION OF ANY DELAYS OR CANCELLATIONS OF SCHEDULED COURT PROCEEDINGS. BY THE COURT: Dated: 1/20/03 /S/ BALDWIN, PJ J~ (i) r-: 1 . ~ j - ~ "- .. RECOMMENDATION TO THE COURT FOR CUSTODY EVALUATIONS From: L,"", G. B""', E',. - Co,""" Co",II'a!loo OffiU~ March 7, 2003 Date: Re: Jennifer Ann Goetz v. Darrell Scott Towsley S-2214-2002 ::x Do ... Cc: James E. Crossen, III, Esq. -for the Plaintiff Christopher W. Hobbs, Esq. -for the Defendant <:::> w W <D -. ::0:: 1. ALLEGATIONS AND CLAIMS: - => "-> The Plaintiff filed an action to modify a New York Order of Court dated November 15, 1999, regarding the minor children, Cassandra Towsley, DOB 8/8/91 and Shawn Patrick Towsley, DOB 6/2/94. There is no dispute that the Mother and the children have resided in Schuylkill County for approximately 3 years. Mother is asking that the Order be modified due to the transportation issues. Also, Mother claims that as the children have become older there are additional activities which are preventing the two weekend per month visits with Father. Also, Mother claims that until she filed this custody action, Father had only exercised his custody at approximately one weekend per month, The Parties are presently meeting in Williamsport, PA , to exchange the children as Father resides in Almond, NY, which is at least a four hour trip one way. Also, Mother complains that Father is allowing the children to have visual contact with their step- brother, Daniel Fisher, who evidently has been accused of sexually assaulting the minor child, Shawn. The New York Order specifically indicated that the children were not to have any contact with Daniel Fisher during their partial custody periods. Mother is i1 . interpreting that as anv contact and she said that the children visually seeing Daniel at various times during their partial custody periods is prohibited and this contact is very disturbing for the minor children. Also, Mother complains that the children are returned too late on Sunday for them to do their homework, as the Parents exchange the children at 7:00 p.m., which means the children do not get back home until approximately 9:00 p.m, Also, Mother alleges that the children don't like going at all, but that she has advised them that they have a responsibility to visit with their Father. The Mother also claims that the children also witness incidents of domestic violence while in the custody of the Father between he and his wife, and that Father has occasionally denied the children meals, snacks, and failed to provide prescription medication. Mother also alleges that members of Father's household continue to smoke in the presence of Cassandra, who has asthma, which is in violation in the instructions of Cassandra's physician, Father agrees that he has occasionally only seen Cassandra once a month because he is aware of her basketball schedule, but that has only lasted for two months. Father wants to continue to see the children on an every other weekend basis and wants to have them longer in the summer. Also, he believes that he is driving farther than Mother and wants to change the place of the exchange of the children. He does not believe that seeing the children once a month is enough. Also, he complained that the Counselor that the children see, who was supposed to recommend when there could be re-contact with Daniel Fisher, has not done her job and has not provided him with any report of the counseling, He wants to make sure that the counseling moves forward, as Father does not believe that there was any sexual assault, and he said it was burdensome on his family to make sure that Daniel is nowhere around during the custody visits. He alleged that Mother was to see a specific psychiatrist and didn't do that, however, Mother did have a report from that psychiatrist. She evidently had not yet provided this information to the Father, Father indicates that the children want more time with him and he believes that the present schedule should also be modified to give him more time, not less time, and also change the transportation, This Officer suggested that during the school year the Father be entitled to one extended weekend each month, dependent upon school holidays and other holiday time, which would extend his weekend from Friday until Monday, This Officer also suggested that the Parties also continue to share transportation every other weekend and that the Counselor be required to provide Father with a copy of the progress of the counseling. This Officer also suggested that the Parties change the place of drop off to a place alittle closer to Father's residence. However, Father was not in agreement and the Parties could not conciliate. Father has asked for evaluations. This seems appropriate, particularly with regards to issues of the minor child, Shawn and his step- brother, Daniel Fisher. 2. EVALUATOR: This Officer would recommend Joseph B. Sheris, Licensed Psychologist, and require Father to provide a separate evaluation of his residence. . 3. FINANCIAL INFORMATION: PLAINTIFF: The Plaintiff Mother, Jennifer Ann Goetz, resides at 5 Mifflin Street, Pine Grove, PA, 17963, Her telephone number is 570-345-5422. She resides with her husband, David Goetz, and the minor children, Cassandra and Shawn. She is employed by Genesis House in Harrisburg, PA, as an outpatient drug and alcohol counselor earning a bi-weekly gross of $1194, She has a net bi-weekly income of $853, however, she does have a voluntary deduction of $11 O. She is supposed to receive $151.65 per week, however, she indicates that it is not always regular. She has rent of $500. Her husband works full-time as an investigator for the Human Relations Commission. DEFENDANT: The Defendant Father, Darrell Scott Towsley, resides at P.O. Box 173, 29 Main Street, Almond, NY, 14804. His telephone number is 607-276-5442. He resides with his wife, Deborah Towsley. Also, in the household is his daughter, Tiffany Towsley, half-sibling to the minor children, who is 14 Yo ; his step-children, Daniel Fisher, age 14 years; Amanda Fisher, age 13 years; and a half-brother to the Parties, Darrell Scott Towsley, age 2 years. He works for Davidson's Furniture, which is a new position, as well as he is a landscape designer from approximately March to November. Last year he indicated that he had a net income of $14,000 for the landscaping and he will be making $182 per week plus monthly commissions at his new job. He is supposed to pay $151 per month in child support. He also gets $250 per month in child support for Tiffany. He has rent of $475 per month. His wife, Deborah, is .' . employed at a nursing home and she receives $28 per month, per child in child support for Daniel and Amanda, 4. ALLOCATION OF COSTS: This Officer believes that the Parties should equally share the cost of the evaluations with Joseph 8, Sheris, Licensed Psychologist, and with Mr. Towsley being solely responsible for the cost of his home evaluation. . 3 -10 -()3 /M-LL> >na~ -T- ~C~ From: RECOMMENDATION TO THE COURT FOR CUSTODY EVALUATIONS Lyo", G. Bee,,;, E,q. - C","ody Co"ol;,t;o" ~ cR. March 7, 2003 Date: Re: Jennifer Ann Goetz v. Darrell Scott Towsley 5-2214-2002 Cc: James E. Crossen, III, Esq.-for the Plaintiff Christopher W. Hobbs, Esq. -for.the Defendant s: ... - = to 1. ALLEGATIONS AND CLAIMS: ... '" ",. The Plaintiff filed an action to modify a New York Order of Court dated ~ember cl ~i; c,. c..o .. 15, 1999, regarding the minor children, Cassandra Towsley, DOS 8/8/91 and Shawn ;-) Patrick Towsley, DOS 6/2/94. There is no dispute that the Mother and the children have resided in Schuylkill County for approximately 3 years. Mother is asking that the Order be modified due to the transportation issues. Also, Mother claims that as the children have become older there are additional activities which are preventing the two weekend per month visits with Father. Also, Mother claims that until she filed this custody action, Father had only exercised his custody at approximately one weekend per month. The Parties are presently meeting in Williamsport, PA , to exchange the children as Father resides in Almond, NY, which is at least a four hour trip one way. Also, Mother complains that Father is allowing the children to have visual contact with their step- brother, Daniel Fisher, who evidently has been accused of sexually assaulting the minor child, Shawn. The New York Order specifically indicated that the children were not to have any contact with Daniel Fisher during their partial custody periods, Mother is . interpreting that as anv contact and she said that the children visually seeing Daniel at various times during their partial custody periods is prohibited and this contact is very disturbing for the minor children. Also, Mother complains that the children are returned too late on Sunday for them to do their homework, as the Parents exchange the children at 7:00 p.m., which means the children do not get back home until approximately 9:00 p.m. Also, Mother alleges that the children don't like going at all, but that she has advised them that they have a responsibility to visit with their Father. The Mother also claims that the children also witness incidents of domestic violence while in the custody of the Father between he and his wife, and that Father has occasionally denied the children meals, snacks, and failed to provide prescription medication. Mother also alleges that members of Father's household continue to smoke in the presence of Cassandra, who has asthma, which is in violation in the instructions of Cassandra's physician, Father agrees that he has occasionally only seen Cassandra once a month because he is aware of her basketball schedule, but that has only lasted for two months. Father wants to continue to see the children on an every other weekend basis and wants to have them longer in the summer. Also, he believes that he is driving farther than Mother and wants to change the place of the exchange of the children. He does not believe that seeing the children once a month is enough. Also, he complained that the Counselor that the children see, who was supposed to recommend when there could be re-contact with Daniel Fisher, has not done her job and has not provided him with any report of the counseling. He wants to make sure that the counseling moves forward, as Father does not believe that there was any sexual assault, and he said it was burdensome on his family to make sure that Daniel is nowhere around during the custody visits. He alleged that Mother was to see a specific psychiatrist and didn't do that, however, Mother did have a report from that psychiatrist. She evidently had not yet provided this information to the Father. Father indicates that the children want more time with him and he believes that the present schedule should also be modified to give him more time, not less time, and also change the transportation. This Officer suggested that during the school year the Father be entitled to one extended weekend each month, dependent upon school holidays and other holiday time, which would extend his weekend from Friday until Monday. This Officer also suggested that the Parties also continue to share transportation every other weekend and that the Counselor be required to provide Father with a copy of the progress of the counseling. This Officer also suggested that the Parties change the place of drop off to a place alittle closer to Father's residence. However, Father was not in agreement and the Parties could not conciliate. Father has asked for evaluations. This seems appropriate, particularly with regards to issues of the minor child, Shawn and his step- brother, Daniel Fisher. 2. EVALUATOR: This Officer would recommend Joseph B. Sheris, Licensed Psychologist, and require Father to provide a separate evaluation of his residence. , 3. FINANCIAL INFORMATION: PLAINTIFF: The Plaintiff Mother, Jennifer Ann Goetz, resides at 5 Mifflin Street, Pine Grove, PA, 17963. Her telephone number is 570-345-5422. She resides with her husband, David Goetz, and the minor children, Cassandra and Shawn. She is employed by Genesis House in Harrisburg, PA, as an outpatient drug and alcohol counselor earning a bi-weekly gross of $1194. She has a net bi-weekly income of $853, however, she does have a voluntary deduction of $110. She is supposed to receive $151.65 per week, however, she indicates that it is not always regular. She has rent of $500. Her husband works full-time as an investigator for the Human Relations Commission. DEFENDANT: The Defendant Father, Darrell Scott Towsley, resides at P,O. Box 173, 29 Main Street, Almond, NY, 14804. His telephone number is 607-276-5442. He resides with his wife, Deborah Towsley. Also, in the household is his daughter, Tiffany Towsley, half-sibling to the minor children, who is 14 Yo ; his step-children, Daniel Fisher, age 14 years; Amanda Fisher, age 13 years; and a half-brother to the Parties, Darrell Scott Towsley, age 2 years. He works for Davidson's Furniture, which is a new position, as well as he is a landscape designer from approximately March to November. Last year he indicated that he had a net income of $14,000 for the landscaping and he will be making $182 per week plus monthly commissions at his new job, He is supposed to pay $151 per month in child support. He also gets $250 per month in child support for Tiffany. He has rent of $475 per month. His wife, Deborah, is employed at a nursing home and she receives $28 per month, per child in child support for Daniel and Amanda. 4. ALLOCATION OF COSTS: This Officer believes that the Parties should equally share the cost of the evaluations with Joseph B. Sheris, Licensed Psychologist, and with Mr. Towsley being solely responsible for the cost of his home evaluation. '~(i r\ ""0 :P-::o 9.~ :r.. 7:1 o ....' ,,? 0 9.'% IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION. LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 vs. Custody DARRELL SCOTT TOWSLEY Defendant ~ =0 c.....> James E. Crossen, III, Esq, -for the Plaintiff Christopher W. Hobbs, Esq. -for the Defendant U) ..... .....~, ~ ORDER OF COURT c_~ AND NOW, this J ?.d. day of $tM.l. ,2003 at ~.. .m. it is hereby ORDERED that: 1. Custody evaluations of all Parties and the home evaluation of the residence of the Plaintiff, Jennifer Ann Goetz, will be conducted by: Joseph B. Sheris, M.A. 450 North Claude A Lord Blvd. Pottsville, PA 17901 570-622-1025 1 a. Father shall arrange for an evaluation of his residence in Almond, NY, by the appropriate professional and provide that report directly to Joseph B. Sheris, Licensed Psychologist, within sixty (60) days of the date of this Order, Father will be responsible for the cost of his home evaluation. 1 b. The cost of the home and custody evaluations by Joseph B. Sheris, M.A., shall be $2,100.00 plus mileage; but, it may increase if the issues are especially complex or numerous individuals must be interviewed. 2. The cost of the evaluations by Joseph B, Sheris, M.A., shall be borne as follows and paid to the evaluator subject to the Court's right to allocate later: The Parties shall equally share the cost of the evaluations by Joseph B. Sheris, M.A., and Father will be totally responsible for his home evaluation. Jennifer Ann Goetz 5 Mifflin Street Pine Grove, PA 17963 570-345-5422 Darrell Scott Towsley P.O. Box 173 29 Main Street Almond, NY 14804 607-276-5442 J~ . .. 3, Payment to the evaluator shall be made within twenty (20) days of the date of this Order. Upon receipt of payment, the evaluator shall contact the parties for appointments. The evaluation shall be completed and delivered to the Custody Conciliation Officer within sixty (60) days of the receipt of full payment. The individuals to be evaluated are: Jennifer Ann Goetz, Mother; Darrell Scott Towsley, Father; Cassandra and Shawn Towsley, minor children; David Goetz, Step-Father; Daniel and Amanda Fisher, Step-siblings; Deborah Towsley, Step-Mother; and Tiffany Towsley, half-sibling. 4, Upon completion of the evaluations, a further conciliation conference will be scheduled by the Custody Conciliation Officer. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN FINES, IMPRISONMENT OR OTHER SANCTIONS. BY THE COURT, ~<t- J. @ 9JJ - <;)j~S' \' ' - sq<\Q"1 ~ - viKs'J-;f~ <;..o.....E'J, ~ P1)'''OUJ')!1JO " . - !ft!.' 83cl }..'d'V lONOH10'dd / I.~~~ g I \\'i'wl. ~ --- ~ . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY TWENTY.FIRST JUDICIAL DISTRICT OF PENNSYLVANIA JENNIFER ANN GOETZ Plaintiff CIVIL ACTION - LAW No. S-2214-2002 vs. DARRELL SCOTT TOWSEL Y Defendant -- Custody -- - for Plaintiff - for Defendant Custody Officer ORDER OF COURT AND NOW, this Jr.'" day of ~it/~ /:/JD o'clock f?. m.; James E. Crossen, Esq. Christopher W. Hobbs, Esq. Lynne G. Bressi, Esq. I" 0- 1; r:;s w , 2003, at Ct) WHEREAS, the Court has received notification from the Custody Conciliation Officer that the Defendant has not paid his portion of the evaluation costs which he was ordered to do by Order of Court dated March 12, 2003, and that despite a letter dated May 9,2003, to his Counsel with regard to the failure to pay, payment has not been made and the Custody Officer was not contacted as to the reason for the non-payment, therefore, a Rule is hereby entered upon the Defendant to show cause why he should not be held in contempt of court for failure to comply with the Order of March 12, 2003, which, after hearing, may result in sanctions including possible incarceration and fines and. which could involve a change in custody if found to be in the child/children's best interest. RULE RETURNABLE the 9 !"D hearing thereon the 9l1L- day of <:Lm. ;0 C"rt=m / 0"'" , 2003, with /7.Jo 7, - o'clock kl cc: Joseph B. Sheris, M.A. .~. ~; ....:; '" S2 ." C ::,:J -< '..,,) =::~:~"2 :.i:' <!J;-:'=:""11'~ ' ;3 r- (-~-:: C")'- ~ -< .--:~."1 2~ Zct::; :sD ~~ ~ . ~\~~W' ,,- . .'\ -n -- l;....... " ~ ~.~ ~" n' ...? ~~. . 0< - ' 1-3;:r:;;.~*;J~~ N ~UINN C HOBBS 570 622 5147 i/~ ~ 6~ ,'. COURT OF COMMON PLEAS OF SCHUYLKILL CO L CIVIL ACTION - LAW Y JENNIFER ANN GOETZ, Plaintiff : Civil Action - Custody : No. S-2214-2002 vs. ~ = = ~ u> C~ "-,1 C". DARRELL SCOTT TOWSLEY, Defendant '- c.:~ r" I W u APPLICATION FOR CONTINUANCE (Must comply with Sch.R.C.P. 216 where applicabl ) r:-? w a> ( )Pre-Hearing Conference ( )Pre- Trial Conference ( )Trial ()Arbi tion ( X)Hearing ()Other Scheduled for July 9, 2003 at 9;30 a.m. Below are listed ALl. COUDSeI and pro se litigants in the above~tioned case d whether or not they oppose this appliQation. (FlIilure 10 notifY and list ALL coWlsel and pro se litigants n this application will f!lSUlt in an automatic denial of the application): COUNSEUPRO SE PARTY REPRESENTED James E. Crossen, Esq. JCIIl1ifer Ann Goetz ::0 .;;:-' OPPOS Unopposed This is the first application for continuance by the requesting party. Tbe 0 sing party has had zero prior continuances. Application is hereby made by Christopher W. Hobbs, Esquire, for Defendant in the above matter to continue the Hearing in the above ca tioned case for the following reason(s): Atto1'lley Hobbs has a deposition scheduled that mom' . Dale: '7/3} D3 'stop W. Hobbs, E quire Counsel certifies that the arties have been advised of tbls continu nee request. ( ) Application is denied. Report as directed ()(tf.,pplication is jl,roved and the case is continued to the ..t.2. 200J, at 9.30 .M. in Courtroom No. uylkill Coun . Date: ~ day of 4u.l.. V. Courthouse. I ( ) CONTINUANCE COST ASSESSMENT APPEAL OF DENIED APPLICATION (Where applicab1e- e.g. &l'bitrations/mast 's hearing) ( ) Appeal is granted, case continued. ( ) Appeal is denied. Report as directed.. Dale: j,o '(0 , c: ~/ o \. 0- ~ ',~ ...., ~ ~ ~) ~ ~ I' IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 vs. Custody DARRELL SCOTT TOWSLEY Defendant James E. Crossen, III, Esq. -- for the Plaintiff Darrell Scott Towsley - pro 58 Defendant ORDER OF COURT AND NOW, this 3t~ day of ~ 2003, at I () ',00 , O'Clocktr ,m; the attached STIPULATION is hereby approved and made an ORDER of this Court. BY THE COURT, ~1 J. @ ~ c, => ~ (I) n .." ~ ~ -< --1 ..........1";-:).-: -...! :::..~ " ~g ~= ~-~~ ~sr''',~.~ -< -, -n (j) > "'" c..: c, )> Ul ..D .. IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, No, S-2214-2002 Plaintiff VS, DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the parties in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be held by the Mother, Jennifer Ann Goetz, for the minor children, Cassandra Nicole Towsley (DOB 8/8/91) and Shawn Patrick Towsley (DOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records concerning these matters. Mother will keep Father informed as to these matters. 2. Goetz. PRIMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: (a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be arranged by the parties, and one weekend each month from Friday at 9:00 p.m. until Sunday at 7:00 p.m. (c) The parties will share transportation by meeting at Wegmans in Williamsport, Pennsylvania for the drop-off and pick-up of the children. . , (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will have them for Christmas 2003 and Father will have thein for Easter 2004. (e) The parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue until lifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by the parties by mutual consent. 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatOlY remarks about the other party in the presence of the children or pennitting anyone else to make such remarks about the other party while the children are in their custody. 6. Order. The attached general guidelines are incorporated herein and made a part of this 7. This S ~V LATION shall be entered as an Order of Court. . AGv& ~etz ~ James E. Crossen, ill, Esquire Counsel for Plaintiff Date: 1l~Y/D '\ ~IJ~~ DARRELL SCOT SLEY 7-J1~ 2 ~ GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are general and do not address every problem. 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party no longer wishes to continue with a change in a manner previously agreed upon, or if there are disputes concerning the Order, the parties mav not and shall not disobey the Order, but shall instead petition the Court for modification of the Order. 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your changing needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule set out in the Court Order. 3. One party cannot unilaterally prevent the other from having his or her time of custody or visitation because of scheduled activities of the child(ren). And, neither party shall, without the other party's prior express approval, schedule activities or appointments which would require the child(ren's) attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising that right. 4. Both parties shall be responsible and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each other concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 \ . '. Page 2 General Guidelines for Child Custody and Visitation 6. Each party has his or her own concept of child rearing which need to be respected. One party shall not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things being done are harmful or detrimental to the health and welfare of the child(ren). 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently inspected, registered, and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat for infants must be used. If only one party has a car seat, it should be loaned to the other party for use when the child(ren) is/are in that party's custody. 10. The child(ren) should be ready to be picked up on time. The party who is doing the transporting should be on time. 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines. (;.,\4('>0.l-<\ _ C ~~ - 0;) -;J ., - .,.0 \. g I' f\' OW ""dO;:) .' . . . .' .. \ ~ ~ Q, ~ ~~ vr~ ";<. V<t ' ~ ~ \Y '" J,~ IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION. LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 vs. Custody DARRELL SCOTT TOWSLEY Defendant James E. Crossen, III, Esq. -- for the Plaintiff Darrell Scott Towsley - pro se Defendant ORDER OF COURT AND NOW, this -1 ~ day of ~ 2003, at _ ~ o'clock _,m; the Order dated March 12,2003, requiring the Parties in the above captioned matter to submit to custody and home evaluations to be performed by Joseph B. Sheris, M.A., is hereby VACATED. The Evaluator is directed to return any monies paid less any administrative fees. BY THE COURT, ~(~I J. ~ ~. ~~~ ~~ U) P c.:: :-" --,". ~~, . )> (J1 ..D -' ;2 c.n ;PI c,_U';:"~-O~ ' .s~ ?'I\"OWc;.O\dD\') . " , ~~ ~ .' .~ .,., "j$. .~ \~ 12/112004f:\word\jec\praecipesto withdraw.doc THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, Plaintiff vs. DARRELL SCOTT TOWSLEY, Defendant No. S-2214-2002 IN CUSTODY WITHDRAW OF APPEARANCE ~ ~ 'f? (""> \ - @ \) ~ ~ .J d' e:> iJ ~ (;) -< -.1, ro::J: r-"...-:""'I"'\C) ~-;:::'-1'i";;r: t.O,,--C:J or-0.-".;;, ~ \"--:.,. ~ ~c: ....(, .'"'-;, "'1j {t') "P Please take notice that ZIMMERMAN, LIEBERMAN, TAMULONIS & CROSSEN, hereby WITHDRAWS its appearance as counsel for Plaintiff in the above-captioned matter. Dated: \\\.1)()IO~ ZIMMERMAN, LlE~AN, TAMULONIS & CROSSEN BY: :::Jv ~ ~ --- JAMES E. CROSSEN, III, ESQUIRE LD. No. 70578 111 E. Market Street P. O. Box 238 Pottsville, P A 1790 I Attorneys for Plaintiff ENTRY OF APPEARANCE Please take notice that WILLIAMSON, FRillDBERG & JONES, LLC, hereby enters its appearance as counsel for Plaintiff in the above-captioned matter. Date:~ J,~ 12!lilOO4f_\"'\)\"\!'~\j>....~ipe&\Il\>lillnln"'_dot WILLIAMSON, FRIE G & JONES, LLC BY: ~ v ~ JAMES E. CROSSEN, III, ESQUIRE LD. No. 70578 Ten Westwood Road P.O. Box 1190 Pottsville, P A 17901 (717) 622-5933 Attorneys for Plaintiff ~ ~' ("', Irq {p- '7, LYe (ict:.f.//,' l)ij:)..;__G'(( - I ~ CtttCj {LfJ l. @ COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY - CIVIL JtNNj~tK ANN bUtlL, Plaintiff No. ~-aI4-U2 Motion Court Filing vs. UAKKtLL ~(;U II I UW~Lt Y, Uefendant ORDER OF COURT 1'th day of AND NOW, this 1 :JU June ~.M., upon consideration of the Plaintiff ,200 b , at , ~.;.~ s ~;~ (f) r.._ n ." ~fi/lll!Petition assigned to Motion Court, and it appearing that the MotiotllPetition is ~2 2 ~ -< -t ,..",;/ _r-o:r: procedurally defective, it is hereby ORDERED that the Moti\uIPetition is DENIED for fallure<}JJ~ :::: ~ -0 ~:=no comply with Sch, R.C.P. 205.3,206, and 206A: Petitions and Motions as follows: 3 ~ "' ~ ~) -<-< .... U; ". x No preacipe to transmit on Prothonotary Form 114, No form of order accompanying the motion/petition. No certificate of service. .( ,,. co No certificate of publication for final judgment on quiet title actions. No memorandum of law accompanying a contested motion/petition. BY THE COURT, :i-<-~ --.. . J. ,l ~\~ '~ .~,~J1 ~. d)O ~-U1 \ '~., JUN-06-2006 03:14 PM PATRICK LAUER . . p.a2 ". .' "\. ..~ . ~ ... IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY -r .~_ )I G.""'''\'., , No.S-22-14 - UJOz.. IJ~I~'(] rter: ~~V'l lif':rnttr ., VB. ...... <:::> ."." .,., ~ = :z: (IJ C) .,. ~ ~ ~ -t _,0% (J') ...."'''"''0 <0-""'% gl=c:;~ C)"'. -l :lEI -< -< .,. u> ,.. I-' W P~C~ FOR Cf.R'IlfEATION - PROTHONQ'tf.RY FQBM.,ZOS.2(ll) TO: PETER 1. SYMONS, PROTHONOTARY: Transmit the attached filing to the Court ~ Administrator for Assignment to a Judge. The nature of the filing and requested action is at, follows: Jury Trial. (Complete Certificate of Readiness.) Non-Jury Trial. Any matter dispositive ofthe case e.g.: ( ) Equity Actions; () Tax Appeals; ( ) Summary Appeals; ( ) Name Change Actions; ( ) Permanent Injunctions; () Other (spel:ift) I estimate it will require _ hours to present the plaintiff'sldefcndant's case and I will present only the following witnesses for testimony: L Petition pursuant to Pa.R.C.P. 206.1 requesting () Issuance of Rule to Show Cause; ( ) Transfer to Court for disposition, no answer having been filed; ~ransfer to Court fu~ disposition, contested matter and fact fmding complete or unnecessary; (?"Other 'iti"""", to .J.r6.lI';;:PU 'Io.v€. (specify) Issue that can be decided on the record and briefs, being: ( ) Gov't Appeal; ( ) Exceptions; ( ) Judgment on the Pleadings; ( ) Summary Judgment; ( ) Other (specify) Issue that can be assigned for immediate action. being: ( ) Stipulation; ( ) Uncontested Motion: ( ) Motlon for Appointment; ( ) Quiet Title Motion; Other (spel:ify) ~/~ JUN-06-2006 03:14 PM PATRICK LAUER .. , '.. ,1. .. Contested Motion (Memo attached), being: () Discovery Motion; ( ) Other (specify) ( ) Transmit to Custody Officer, Rea~on:. .'. (If hearing is required, complete the lime snd WitnesS portion of thiS form.) Hearing required/requested: Reason for Hearing: ( ) Special Relief; ( ) Contempt Petition; ( ) Preliminary Injunctions; ( ) Other (specify) I estimate it will require hours to present the plaintiffs/defendant's case and I will present only the following witnesses for testimony: SdL~1J/( J Attorney for 'Plj[i~h f.t: Date: .C6" 1~I'Olf For Defendant: For Plaintiff: g,l'1 (161 f:l I\,ci'" I~ t-DD<'1St (11 7)1 lP3 - }'BOD Notice: In matters requiring a non-jury trial or hearing opposing counsel Is required to submit a report in WRITING to the Court Administrator within 10 days, (1) Hsting the nalDes of the witnesses they will use at hearing; and, (Z) an estimate of time required to present their case. Rc':!~cd 7izz/04 P.03 / . JUN-06-2006 03:13 PM PATRICK LAUER . . P.81 r THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. al08 KA1UUtT 8TltBBT, AZTItC BUILD11'fO CA.MP HILL, PE1lInYLVANlA 17011 (717) 763-1800 FAX (717) 763-4347 Rot17 la CIIIl' HlII Adu- Satellite otIIOe: II. IlUlDftr 8tNet earllllle, 'A 17013 Patrlck J'. La.er, Jr., Beq.* IIar\lII L. IIHIdey, ....... IIwIa II. PqlI, a.q. 1.800-833-4-LAW .... . .. ~t, _oIul-:p&lIYIftI TELEFAX DOCUMENT INFORMATION SHEET TO: Schuylkill Co. Prothonotary FAX: (570) 628-1261 Shana M. Pugh, Esquire FROM: RE: Goetz v. Towsley, S-2214-2002 "'" = c;.,::;,'t """' "'- = z Number ofpages including cover sheet: 3 -0 ::3 ~ ~ ~ ~ _....~Q, -I::-C"'1'l% <.or-a 0....0.... -o"':po .... :D -< '1: ." fA :po DATE: June 6, 2006 en If you have not received all pages, please contact: Shelby@ 717-763-1800 U.) Additional Comments: ~'"'~ (.,:l ATtENTION: CHRIS DInk you for your prompt attention to this matter. Please call if you have any questions. '-Board Cenlfi.d as 0 Criminal Triol Adv""..,. by Ih. NollontJ/Board of Trial AtIw>cacy. ..-M,mber: Natio!1al ASSDClatlon olCrimi!1al Def,,,,, Ltlw)'frs NOTICE: 11iB INFORMATION CONTAINED IN 1'lilS FACSIMI~ij TRANSMISSION IS ATTORNEY PRMLEOED AND CONFIDENTIAL INFORMATION 1N11!NDED ONLY FOR THE USE O. TilE ABOVE,NAM"" ADDRESSER IF THE Jl.EADER IS Nar THE INTENOED Jl.ECIFtENT. YOU ARE HEREBY NOTIfiED THAT ANY IlISSf>MINA1'ION, D1S"URU1'ION OR COPY OF THIS FACSIMILE IS STRlCT~Y PROHIBITED, IF YOU HAVE RECEIVED TIilS TRANSMISSION IN ERROR, PI.EASf> NOTIFY US IMMEDIATE~Y BY TELEPHONE AND RETURN THE ORlOINAL MESSAGE TO US AT TIlE AllClRESS SET FORTIi ABOVE. LLOYD R. HAMPTON Solicitor @) FAYE M. GUYESKI First Deputy PETER J. SYMONS, JR. Prothonotary DEBORAH A. CONWAY Second Deputy OFFICE OF THE PROTHONOTARY SCHUYLKILL COUNTY COURT HOUSE 401 N 2ND STREET POTTSVILLE, PA 17901-2520 Telephone: (570) 628-1270 Fax: (570) 628-1261 -. DATE F i1-(lf DOCKET # S --;zJJ4 0< (J{bj TO WHOM IT MAY CONCERN: We are returning the enclosed item for the foUowing reason(s): 1. AU transactions directed to this office must include a SELF ADDRESSED ENVELOPE WITH POST AGE if a return receipt or certificate is desired. ..... -= => c:r.> 00 2. Incorrect fee received $ should be $ :3 n..... ::g ::c '" '-' ~ ~ Need signature _, _ r- <> % ~ -l;ll<"oto CQ--q% <)r--o Need Attorney ID number :g - ~ ~ ~ ....... -l '" -< -< e above matter has been filed but cannot be transmitted to the court without the fifiljg of a..... 0- praecipe. A copy of the praecipe (205.2)(b) is enclosed, please fill out and return to~ so we" an forward the papers to the courts. Original paperwork not received back from our Sheriffs Office. Please contact Sheriff's Office. 7. Other reasons PETER J. SYMONS, JR. PROTHONOTARY JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of 2006, it is hereby Ordered and Decreed that the above captioned Custody action is transferred to Cumberland County. The Plaintiff will pay all fees and costs associated with the transfer. J. Distribution: Shana M. Pugh, Esquire Defendant Court Administrator ~I t)' JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO TRANSFER VENUE AND NOW, the Plaintiff, Jennifer A. Goetz, by and through her attorneys, The Law OffJr of Patrick F. Lauer, Jr., LLC, avers the following in support of the Petition for Transfer of~nue: lilt "<: :r;r ...... c:: 0 1. The Plaintiff, Jennifer A. Goetz, is an adult individual currently residing at 18t4 ;:'~l ~ ~:::;; ~ Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 'f\; ~ lilt "'t' 2. The Defendant, Darrell S. Towsley, is an adult individual currently resid~ at 29~ain Street, Almond, New York, 14804. 3. The Plaintiff and Defendant are the parents of the following minor children: Cassandra N. Towsley, born August, 8, 1991 and Shawn P. Towsley, born June 2, 1994. 4. The Plaintiff has primary physical custody of said children pursuant to a Custody Stipulation dated July 31, 2003. See attached Exhibit "A", incorporated herein by reference. 5. The Plaintiff avers that the forum in which the action was originally brought is no longer convenient for the following reasons: a. The Plaintiff has not resided in Schuylkill County for approximately two years; b. The children have not resided in Schuylkill County for approximately two years; c. The Defendant has never resided in Schuylkill County. 6. Pursuant to Pa. R.Civ. Pro. 1915.2, venue may be transferred to a county in which the action could be brought at the time of filing the petition to transfer. 7. The action may be brought in Cumberland County, Pennsylvania under Rule 1915.2 because: a. Both the children and the Plaintiff have a significant connection with Cumberland County; b. Evidence pertaining to the children's present and future care, protection, and personal relationships are within Cumberland County. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer venue of this action to Cumberland County, Pennsylvania. Respectfully Submitted, DateoY jCj-lt Shana M. Pugh, quire Law Offices of Patrick F. Lauer, Jr. 2108 Market St. Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 " JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. She is the attorney for Jennifer A. Goetz. 2. She is authorized to make this verification on behalf of the client; 3. The facts set forth in the foregoing are known to her and not necessarily to her client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, information, and belief; and 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. Date()5'-('5~ ~~1.t: .{ 2108 Market St., Aztec Bui~g I ""II Camp Hill, P A 17011 ,:g ... Id. No. 200952 Tel. No. (71~76~i ~l CllJ,....... la' of-o -0 _ 0.... ::3 ~...r. ..... -C-C N .".- (J1 .. w M L; .0( C'-l .. a. _ - ,... E: .,. ~_ 0- ;!-~O '" .~ ;ir <9"". till. 4/4 F- /7- t/& /; ;/ iI~ /~ JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ATTACH EXHmITS TO THE PROTHONOTARY: Please attach the Exhibit to the PETITION TO TRANSFER VENUE that has been filed for the above-captioned Civil Complaint. Respectfully submitted, " '/(;'/,~ , , /(.. , ' a M. Pugh, EsqUire Law Offices of Patrick F. Lauer, Jr. LLC 2108 Market Street, Aztec Building Camp Hill, P A 17011-4706 ID# 200952 Tel. (717) 763-1800 ~ ;.::~ 0'> VI o ..", :r: ~ S .... .-~ _r-O:l: 1.-.4 -4!~-qo <0-""';1: :::l ~~a~ :::'3 0....... -4 ::D -< -< ..", .. .... CD Date: fJ) <4 ) T7 f :3 = -c ('" -'= t~h,tor+-It " '. IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 r.... " ~' vs. Custody DARRELL SCOTT TOWSLEY Defendant }.' - - James E. Crossen, III, Esq. -- for the Plaintiff Darrell Scott Towsley - pro se Defendant (.f\ .s:> ORDER OF COURT AND NOW, this 3l~ day of ~ 2003, at 10'.00 , O'c1ockft- ,m; the attached STIPULATION is hereby approved and made an ORDER of this Court. BY THE COURT, ~-( J. _.,. 0", . . .' IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, No, S-2214-2002 Plaintiff vs, DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the parties in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be held by the Mother, Jennifer Ann Goetz, for the minor children, Cassandra Nicole Towsley (DOB 8/8/91) and Shawn Patrick Towsley (DOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRIMARY PHYSICAL C:USTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: (a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be arranged by the parties, and one weekend each month from Friday at 9:00 p.m. until Sunday at 7:00 p.m. (c) The parties will share transportation by meeting at Wegmans in WiIliamsport, Pennsylvania for the drop-off and pick-up of the children. (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will have, t\;,;;;;] for Christmas 2003 and Father will bave thein for Easter 2004. (e) The parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue until lifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by the parties by mutual consent. 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatoty remarks about the other party in the presence of the children or pennitting anyone else to make such remarks about the other party while the children are in their custody. 6. Order. The attached general guidelines are incorporated herein and made a part of this 7. This S -:-c ( ...j.....U LA TlON shall be entered as an Order of Court. James E. Crossen, III, Esquire Counsel for Plaintiff r\ ~& Iek Ann~~ ~ Date: 1l~Y(~ \ J}.,A'd-;:: ~ DARRELL SCOT~SLEY 7-S1-tB 2 ',-1 . , '\ GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are general and do not address every problem. ' ' 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if. both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party no longer wishes to continue with a change in a manner previously agreed upon, or if there are disputes concerning the Order. the parties mav not and shall not disobey the Order, but shall instead petition the Court for modification of the Order. 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your changing needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule set out in the Court Order. 3. One party cannot unilaterally prevent the other from having his or her time of custody or visitation because of scheduled activities of the child(ren). And, neither party shall. without the other party's prior express approval, schedule activities or appointments which would require the child(ren's) attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising that right. 4. Both parties shall be responsible and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each other concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev, 9/9/99 , ,~ , , \ \ Page 2 General Guidelines for Child Custody and Visitation 6. Each party has his or her own concept of child rearing which need to be respected. One party shall not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things being done are harmful or detrimental to the health and welfare of the child(ren). 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently inspected, registered, and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat for infants must be used. If only one party has a car seat, it should be loaned to the other party for use when the child(ren) is/are in that party's custody. 10. The child(ren) should be ready to be picked up on time. The party who is doing the transporting should be on time. 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines. I 'n '\ ?J V\ o -n -~ ..... \; sf? ~ ~ ~~ ~. GE,/e9/20S5 08:4:; 57052812&1 SCH CO PROTHONOTARv PAGE 131./'02 .-'.~ - .. .'.' IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY JENNIfER ANN GO~TZ Plaintiff No. $-2214-2002 VB. DARRELL SCOTT TOWSLEY Defendant pRAECIPE fOR CERTIFICATIpN . PROTHON01:ARY fORM 205.2!b) TO: PETER J. SYMONS, PROTHONOTARY: Transmit the attached filing to the Court Administrator for Assigrunent to a Judge. The nature of the filing and requested action is as follows: ",-. oC'~-;,) c::.::.. .... <:- = <::: Jury Trial. (Complete Certificate of Readiness,) Non-Jury Trial - Any matter dispositive of the case e.g.: ( ) Equity Actions; ( ) Tax Appeals; ( ) Summary Appeals; () Name Change Actions; () Permanent L'ljuncliom; o Other ...... o "" 1-' CI) .., ,. :r: :;Q ..... <:: 0 -<: -. en -t-o::z: -"'~"o ~ ~;::::!!;z: -"-' -.....00 =:3 C'>....~ .... :;Q -< -< ~ 0> (specify) I estimate it will require _ hours to present the plaintiffs/defendant's ca~e and 1 will present only the following witnesses for testimony: xxx Petition pursuant to Pa.R,C.P. 206. t requesting ( ) Issuance ofRu!e to Show Cause; ( ) Tmnsfer to Court fox disposition, no answer having been filed; ( ) Transfer to Court for disposition, contested matter and fact fll1ding complete . or unnecesssry; () Other EMERGENCY PETITION (specify) Issue that can be decided on the record and briefs, being; () Gov't Appeal; ( ) Exceptions; ( ) Judgment on the Pleadings; () Summary Judgment; ( ) Other (specify) Issue that can be assigned for immediate action, being: ( ) Stipulation; ( ) Uncontested Motion; () Motion for Appointment; ( ) Quiet Title Motion; Other (spedfy) ijE./0Sf20d5 8S: 43 5705281251 ECH CO PROTHONOTARY PAEF 02/e~ . Contested Motion (Memo at1aehed), being: ( ) Discovery Motion; () Other (spooifY) ( ) Transmit to Custody Officer. Reason: (If hearing is required, complete the time and witness portion of this fonn.) Hearing requitedlreque&ted: Reawn for Hearing: ( ) Special Relief; ( ) Contempt Petition; () Preliminary Injunctions; () Other (specify) I estimate it will require _ hours to present the plaintiff'sldefendanes ClSe and I will PIe$eot only the following witnesses for testimony: ~~ Attorney fur Plain iff Shana M. Pugh, Esq. Date; It, - / '1- Oh :For Defendant: For Plaintiff: Shana M. Pugh, Esq. Notice: In matters requiring a non-jury trial or hearing opposing counsel is required to submit a report in WRITING to the COUl't AdminiJtl'ator within 10 days, (1) listing the names of the witnesses they will use at bearing; and, (2) In estimllte of lime required to present their case. Rmslld 7122./114 , ~-L.-tkt ~I+rf' ,lJnj , Q-j.~!f,A ~ djtJ./;I-'1 . . @! JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LLCOUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY t:1Z- ORnER AND NOW, this ~y of ~ 2006, it is hereby Ordered and Decreed that the Plaintiff, Jennifer Ann Goetz, is awarded temporary, physical custody of the parties' minor children, Cassandra Towsley and Shawn Towsley, and Defendant, Darrell Scott Towsley's visitation periods are currently suspended, which award of custody is to be superseded by judicial approval of a recommended order of the custody conciliator and the third party counselor lifts the restriction on contact. BY THE COURT: ~~9 ....,. -Tg~ 'CT> <:-- = z ....... <..0 en .... (') :t: ~ c: ~ -<ox _r-no -J~..."z: <J)r-o Or(')~ -I.':] - 1"'1_ :3 (') SO -i -< -< - -0 (Jl ". N c:, N i,~ /~ ~<,." <,,0 ..."p.. . ..~""",,,'i.""" . " ,.;/":::.;'V ~ i'" /'1\ ~rr ~ .~ j" t/tJl ?D'4 v/ d~ JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS...... Il':::::;t : OF SCHUYLKILL COUNTY g v. : NO. S-2214-2002 r_ c= Z (I) .." <'> x: ~ c: -t ,...A ;::5 c. :x: Q') :::;~-1'IO to - ...., x. <:) t: C) ~ '~'f) . --. ::~3 - ~m~ ~ ; ~ r-' C:) (I" j;; DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY FX P A RTF, PETITION FOR EMF.RGENC'V RFT ,IFF The Plaintiff, Jennifer Ann Goetz, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Ex Parte Petition for Emergency Relief against the Defendant, Darrell Scott Towsley, and in support thereof, avers the following: 1. The Plaintiff is Jennifer Ann Goetz, an adult individual and the natural Mother, who currently resides at 1814 Carlisle Road, Camp Hill, Cwnberland County Pennsylvania, 170 II. 2. The Defendant is Darrell Scott Towslwy, an adult individual and the natural Father, who currently resides at 29 Main Street, Almond, New York, 14804. 3. The Plaintiff filed an Amended Petition to Transfer Venue on June 12, 2006, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, for the convenience of the Plaintiff, as she and the children now reside in Cwnberland County. 4. The Defendant has been served with the Petition but has not filed an answer. 5. On July 31,2003, this Court entered an Order approving a Stipulation signed by the Plaintiff and Defendant, a copy of which is attached hereto as Exhibit "BOO, and incorporated through reference. 6. The Stipulation states that Daniel Fisher shall not be present with the children during the times that the Father has partial custody of the children, unless such restrictions are lifted by Shawn's Counselor, Angela Strickler. 7. The children are not to have any contact with Daniel Fisher because he has sexually *' (1) , abused Shawn Towsley. 8. Daniel Towsley lives in the home of the Defendant, Darrell Scott Towsley. 9. When the children visit their Father, the Defendant, Shawn Towsley sleeps in the same bedroom as Daniel Fisher, contnuy to this Court's Order. 10. The Plaintiff fears that continued contact between her son and Daniel Fisher will cause further irreversible psychological damage. 11. The Plaintiff is legitimately fearful that her children will be hanned physically and/or emotionally by continued contact with Daniel Fisher. 12. The children are scheduled to visit their father, the Defendant, on June 23, 2006, the date of Daniel Fisher's graduation from high school, which ensures the restricted contact will occur. 13. If the relief sought by this petition is granted the hann to the Defendant will be minimal because a custody conciliation will be scheduled upon transfer of the case to Cumberland County. WHEREFORE, the Plaintiff, Jennifer Ann Goetz, respectfully requests this Honorable Court to award temporary physical custody of the parties' minor children, Cassandra Towsley and Shawn Towsley, to the Plaintiff and suspend Defendant's visitation on an emergency, ex parte basis, which award of custody is to be superseded by judicial approval of a recommended order of the custody conciliator and the third party counselor lifts the restriction on contact. Respectfully submitted, ~~ / Shana M. Pugh, Esq 're- Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#200952 Tel. (717) 763-1800 Date:i\'i1-; Ij-o If JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY A TTORNF.V VF.RTFTCA nON The undersigned attorney hereby verifies and states that: 1. She is the attorney for Jennifer A. Goetz. 2. She is authorized to make this verification on behalf of the client; 3. The facts set forth in the foregoing are known to her and not necessarily to her client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, information, and belief; and 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date:o& -/1tJtj Shana M. Pugh, Esq e Law Offices of Patrie F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#200952 Tel. (717) 763-1800 . JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY CFRTTmrATE OF SERVICE I hereby certifY that I am this day serving a copy of the foregoing EX PARTE PETITION FOR EMERGENCY RELIEF upon the person, and in the manner, indicated below, ~ch service <= satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by deposititl!!fhe saa -,. ::c: through first class mail, pre-paid, and by certified mail, restricted delivery, return re<;~t req6iste~ 0') - r- 0 :x: addressed as follows: ~ ~ ~ ~ :n Or-nO :3 -o....~ >-' -i::lf C) -<"'" ." Oi ".. Darrell S. Towsley 29 Main Street Almond, NY 14804 " ,',) Respectfully submitted, Date~ -I Lf OIl Shalla M. Pugh., Es re Law Offices of Patrick F. Laue, ., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 (717) 763-1800 ............- f)}q,+ I't . JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of 2006, it is hereby Ordered and Decreed that the above captioned Custody action is tranSferred to Cumberland County. The Plaintiff will pay all fees and costs associated with the transfer. J. Distribution: Shana11.Pugh,Esqurre Defendant Court Administrator . JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 ."" e-~ => en fI) (') ." % :D c: 0 -< .... ....--. r-O% N ~::o:""O <D--rt:z: 0"--0 =D _....0.... ::3 0..... .... :II ,.4 -<-< c.--' -u cti AND NOW, the Plaintiff, Jennifer A. Goetz, by and through her attorneys, The W O~es of DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY <"- = z: AMENDED PETITION TO TRANSFER VENUE Patrick F. Lauer, Jr., LLC, avers the following in support of the Petition for Transfer of Venue: I. The Plaintiff, Jennifer A. Goetz, is an adult individual currently residing at 1814 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Darrell S. Towsley, is an adult individual currently residing at 29 Main Street, Almond, New York, 14804. 3. The Plaintiff and Defendant are the parents of the following minor children: Cassandra N. Towsley, born August, 8,1991 and Shawn P.Towsley, born June 2,1994. 4. The Plaintiff has primary physical custody of said children pursuant to a Custody Stipulation dated July 31,2003. See attached Exhibit "A", incorporated herein by reference. 5. The Plaintiff avers that the forum in which the action was originally brought is no longer convenient for the following reasons: a. The Plaintiff has not resided in Schuylkill County for approximately two years; b. The children have not resided in Schuylkill County for approximately two years; c. The Defendant has never resided in Schuylkill County. . 6. Pursuant to Pa. R.Civ. Pro. 1915.2, venue may be transferred to a county in which the action could be brought at the time of filing the petition to transfer. 7. The action may be brought in ClUllberland County, Pennsylvania under Rule 1915.2 because: a. Both the children and the Plaintiff have a significant connection with ClUllberland County; b. Evidence pertaining to the children's present and future care, protection, and personal relationships are within ClUllberland County. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer venue of this action to ClUllberland County, Pennsylvania. Respectfully Submitted, Date:(X(' -iff-DC{? Shana M. Pugh, Es ire Law Offices of Patrick F. Lauer, Jr. 2108 Market St. Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 . JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LLCOUNTY v. : NO. S-22l4-2002 DARRELL SCOTI TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. She is the attorney for Jennifer A. Goetz. 2. She is authorized to make this verification on behalf of the client; 3. The facts set forth in the foregoing are known to her and not necessarily to her client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, irifonnation, and belief; and 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. Date:DR-bq-O?( ShanaM. Pugh,Esq . 2108 Market St., Aztec Building Camp Hill, PA 17011 Id. No. 200952 Tel. No. (717)763-1800 JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LLCOUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing AMENDED PETITION TO TRANSFER VENUE upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: Darrell S. Towsley 29 Main Street Almond, NY 14804 Respectfully submitted, Shana . Pugh., Esquir Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 (717) 763-1800 Date: artY( '{5( p '. '. " IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 .' <;: \..:..... vs. Custody DARRELL SCOTT TOWSLEY Defendant James E. Crossen, III. Esq. -- for the Plaintiff Darrell Scott Towsley - pro S8 Defendant ORDER OF COURT AND NOW, this 3l,):" day of ",,~,.., '" 2003, at If) '.?? '. O'cioCkA- ,m; the attached STIPULATION is hereby approved and made an ORDER of this Court. BY THE COURT. ~i J. (,' ." .y' .'". u., ~- (}1 JJ " ~~. r " IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY Crvn, ACTION - LAW JENNIFER ANN GOETZ, No, 8-2214-2002 Plaintiff vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULA nON AND NOW, the parties in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be held by the Mother, Jell11ifer Ann Goetz, for the minor children, Cassandra Nicole Towsley (DOB 8/8/91) arid Shawn Patrick Towsley (DOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father informed as to these matters. 2. Goetz. PRlMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: (a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.rn. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the retum time shall be 6:30 p.rn. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be ananged by the parties, and one weekend each month from Friday at 9:00 p.m. until-Sunday at 7:00 p.m. (c) The parties will share transportation by meeting at Wegmans in Williamsport, Pennsylvania for the drop-off and pick-up of the children. " . . -t," (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will have tT..:;;;] for Christmas 2003 and Father wil) bave thein for Easter 2004. . (e) TIle parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue until lifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by the parties by mutual consent. I 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party in the presence of the children or permitting anyone else to make such remarks about the other party while the children are in their custody. 6. Order. . , The attached general guidelines are incorporated herein and made.a part of this , . . 7. This S ~U LA lION shall be entered as an Order of Court. ~~~A(L&Q~ Je 'fer Ann oetz James E. Crossen, III, Esquire Counsel for Plaintiff Date: 11~~{~ \ i}"/~~ DARRELL SCOT SLEY 7- -31-c:B 2 ( . "", '.'~\ GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION ';", These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are general and do not address every problem. . . . 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party no longer wishes to continue with a change in a manner previously agreed upon, or if there are disputes concerning the Order, the parties may not and shall not disobey the Order, but shall instead petition the Court for modification of the Order. . 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your changing needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule set out in the Court Order. 3. One party cannot unilaterally prevent the other from having his or her time of custedyorvisitation becaUSe of scheduled activities of the child(ren). And, neither party shall, without the other party's prior express approval, schedule activities or appointments which would require the child(ren's) attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising,that right. 4. Both parties shall be responsible and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each othe'r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the Child(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 \.4' :w., ; ., '\ \.. \ '. ,I Page 2 General Guidelines for C~i1d Custody and Visitation 6. Each party has his or her own concept of child rearing which need to be respected. One party shall not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things being done are harmful or detrimental to the health and welfare of the child(ren). ' 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently inspected, registered. and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat for infants must be used. If only one party has a car seat, it should be loaned to the other party for usewhr;mtbechild(ren) is/are in th<it P<lrtY's (;us~ody. 10. The child(ren) should be ready to be picked up on time. The party who, is doing the transporting should be on time. ' 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines. ..........,............-.......... . n~M ,..~r:.l It ln~ J Stilt .~ nL '__j. O:'}',- "j ',)\'1.., 'J""" 'j' ~ t. i\ '.. -;", ~:.. ' '. f L_ J.; L/ I,..! 'v' "...I J t.L. ~. ------------------------ nC1C, . n .-\.....-,...... . ExJ../ /';-f !3 .' . , , . . , " . , IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 t"~.' ~: . \..:-- VS. Custody DARRELL SCOTT TOWSLEY. Defendant James E. Crossen, III, Esq. - for the Plaintiff Darrell Scott Towsley - pro S8 Defendaot ORDER OF COURT AND NOW, this '3l';:- daYOf,~" ,2q03,at I~':O~ . o'c1ockA- ,m; the attached STIPULATION is hereby approved and made an ORDER of this COLJrt. ,BY THE COURT, ~v( J. ...' y' - - U'1 ..s:> (, . . .'. u', :.... , .~ ~ " ",. ~ ' . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION -LAW JENNIFER ANN GOETZ, No. S-2214-2002 Plaintiff vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULA nON AND NOW, the parties in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be helq by the Mother, Jennifer Ann Goetz, for the minor children, Cassandra Nicole Towsley (DOE 8/8/91) arid Shawn Patrick Towsley (bOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRIMARY PHYSICAL (;USTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: ,(a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.rn. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be ananged by the parties, and one weekend each month from Friday at 9:00 p.m. until-Sunday at 7:00 p.m. (c) The parties will share transportation by meeting at Wegmans in Williarnsport, Pennsylvania for the drop-off and pick-up of the children. . " ", . . . (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the' parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will have. th':;;il for Christmas 2003 and Father wi!:! bave thein for Easter 2004. . (e) TIle parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue until lifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by ,the parties by mutual consent. I 5. Both patties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party in the presence of the children or permitting anyone else to make such remarks about the other party while the children are in their custody. 6., " . The. attached,general guidelines are incorporated he.rein;md made a part of this' Order. . 7. This S ~U LATlON shall be entered as an Order of Court. James E. Crossen, III, Esquire Counsel for Plaintiff ~n~^~&219 Je 'fer Ann oe.tz Date: 1 {~y{<> \ ,{l'/I~ DARRELL SCO ' SLEY 7--& zB 2 r ~ .'\ ~ \"\ .' , . GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are general and do not address every problem. ' .' ' 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if One party no longer wishes to continue with a change in a manner previously agreed upon, or if there are disputes conceming the Order, the parties mav not and shall not disobey the Order, but shall instead petition the Court for modification of the Order. . 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your changing needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule set out in the Court Order. 3. One party cannot unilaterally prevent the other from having his or her time of custeeJyorvisitation becaUSe ()f scheduleqactivities oftl1echild(ren). And, neither party shall, withOut the other party's'prior express approval, scheduie activities or appointments which would require the child(ren's) attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child{ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising,that right. 4. Both parties shall be respcinsibleand flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each othe'r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the chiid(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 .".f 1'"' . ,'\ j . il ~ '\ '\ ,r . Page 2 General GuidelInes for Cflild" Custody and Visitation 6. Each party has his or her own concept of child rearing which J.1eed to be respected. One party shall not criticize the second party just beca(Jse things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things being done are harmful or detrimental to the health and welfare of the child(ren). . 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently inspected, registered, and insured, anddrivenin a safemanner by a responsible driver with a current valid driver's license. A car Seat for infants must be used. If only one party has a car seat, it should be loaned to the other party for usewheo tbe child(ren) isl<;lr~ in that Party's c.llstody. ' 10. The child(ren) should be ready to be picked up on time. The party who, is dOing the transporting should be on time. 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines., fl'.....,.,.....~9r...8............-, ,- OW",' ~,' ~r:;f1, n~~l tt~ inM I SOUt' " f pL:. . _.-',,-, _Oi, -'-;i~-.-,i-i /~ 1(11" ,.,'.;.' 'j' "\l\ ,I;;. 'U'l' ",,' ",.",J' ',,~,j ',' {...,.,./ "",-,.' '~.....,' :.......4;;#~ \,.". ..,...,~,~_...",:" m " ~'" l ;'<! ~:t f~. i:.-.;,,~: . ~ ~~':: ~~ , ;;,. ~<; :,'..:. . .... .... ' ,. I I- U~i0~1l\'i."" ~8: 4~ 578&2812&1 ":\~!;,'E ']:;'/[12 ()RIGBVAL d;() SCH CO PRCTHc'!NCT.::.\Rv . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY JENNIFER ANN 'GOETZ Plaintiff No. S-2214-200~_ Vi, .......,"' .'::,",;' ~, '-.', l;:.:J:;lo DARRELL SCO'J;:'I' ':l:O~.F.Y Defen I en (") ." ::x: OX> c: <:> ~.__~ -< -4 ~) _ r- 0 ::r I'~ --J ~,., '0 c.or=-r,z :T) or-no - -; .:3 om)>. ...... ::l> -< -< "D <Ii > c_ ~2 ?RAECI~ FQR CERTIFICATlON . PRO~ijpNOTARY fORM 205.2(b) TO: PETER J. SYMONS, PROTHONOTARY: TraII$mit the attached filing to the Courr Administrator for Assignment to a Judge. The nature of the filing and requested action is as follows: i'......... C:) ).'"\ --...I JUlY Trial. (Complete Certificate of Readiness.) N on-J\II)' Trial - Any matter dispositive of the case e.g.: ( ) Equity ActiollS; ( ) Tax Appeals; ( ) Sununal)' Appeals; ( ) Name Change Actions; ( ) Peananent InjlJ.llCtions; ( ) Other (specify) I estima~ it will require _hours to present the pJaintiff'sfdefundant's case and I will present only the following witnesses for testimony: x Petition pur.uant to Pa.R.C.P. 206.1 requesting () Issuance of Rule to Show Cause; () Tnmsfer to CclIrt fOJ dispositiOll, no 8IlIiwtr having been filed; ~~Transfer to Cowt fbr disposition, contested matter and fnet flllding complete or unnecessary; , It):Other Amended Petition to Transfer Venue (specify) Issue that can be decided on tlte record and briefs, being: () Gov't Appeal; ( ) Exceptions; ( ) Judgment on 1he Pleadings; () Summary Judgmentj ( ) Other (specify) Issue that can be assigned for immediate action, being: ( ) Stipulation; ( ) Uncontested Motion; ( ) Motion for Appointment; ( ) Quiet Title Motion; Othec _(specify) ~ :~r:,/I:;!~~;;:"2iJ'';'-. ;2,';: 43 570S2812t~1 SCH CO PRCTHONIJTAR'( PAGE ~J2/(::;;' t COlltested Motion (Memo anached), being: ( ) Discovery Motion; ( ) Other (specifY) ( ) Transmit to Custody Officer, Reason: (If hearing is required, complete the time and witness portion oftltis form.) Hearing required/requested: Reason for Hearing: ( ) Special Relief; () Contempt Petition; ( ) Preliminary Injunctions; ( ) Other (specify) I estimate it wia require _ hours to present the plaintiff'sldefendanfs case and I will preseot only tIle following witnesses for testimony: ~ ....-/ Attorney ror PIa tiff Shana M. Pug , Esquire Date: 6/9/06 For Defendant: For Plaintiff: Shana M. pugh, Esq. Notice: In matters requiring a non-Jury trial or hearln& OPPOslD& counsel Is required to submit a report in WRITING to the Court Administrator 'l'l'ithin 10 days, (1) listing the names of the witnesses they will ule at bearing; aDd, (2) an estimate of time required to pre,ent their case. Revleed 7ml64 fl~' ,I JENNIFER ANN GOETZ, Plaintiff v. DARRELL SCOTT TOWSLEY, Defendant -------r 1 ~ 1\ ; IN THE COURT OF COMMON PLEAS ; OF SCHUYLKILL COUNTY ; NO. S-2214-2002 : CIVIL ACTION - LAW : IN CUSTODY ORDER ~ AND NOW, this &,;.;- day of ~2006, it is hereby Ordered and Decreed that the above captioned Custody action is transferred to Cumberland County. The Plaintiff will pay all fees and costs associated with the transfer. Distribution: Shana M. Pugh, Esquire Defendant Court Administrator (/l ..., <:'> ?3 :::' <0 c.:' -< <_ <=> -","" r;) ._..1 _ ..." ........... 1;.0.-- oro _ rt\ C> --' "" .." po ~A}' J. ,'> (' ~:::. (-:: C .~~~, . '0 :-"J ",) :..; (fJ r: <-=> (I') ()v'"? 'qq., , Q~..,~ ... {,{ .1 JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY fj v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ~.. (;:::".:1 I~.;;:;:r en u.> n .... x: ::u c C> -< -4 1-.... _ r- <> :x: AND NOW, the Plaintiff, Jennifer A. Goetz, by and through her attorneys, The LAi? O:€l1~ 8t~ :Cl ~..-o ~ Patrick F. Lauer, Jr., LLC, avers the following in support of the Petition for Transrkf ofV~U':; C) -u,;. ~,., .)>>- I. The Plaintiff, Jennifer A. Goetz, is an adult individual currently residinfit 1814 AMENDED PETITION TO TRANSFER VENUE <"- c:::: z Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Darrell S. Towsley, is an adult individual currently residing at 29 Main Street, Almond, New York, 14804. 3. The Plaintiff and Defendant are the parents of the following minor children: Cassandra N. Towsley, born August, 8,1991 and ShawnP. Towsley, born June 2, 1994. 4. The Plaintiff has primary physical custody of said children pursuant to a Custody Stipulation dated July 31,2003. See attached Exhibit "A", incorporated herein by reference. 5. The Plaintiff avers that the forum in which the action was originally brought is no longer convenient for the following reasons: a. The Plaintiff has not resided in Schuylkill County for approximately two years; b. The children have not resided in Schuylkill County for approximately two years; c. The Defendant has never resided in Schuylkill County. .11 6. Pursuant to Pa. R.Civ. Pro. 1915.2, venue may be transferred to a county in which the action could be brought at the time of filing the petition to transfer. 7. The action may be brought in Cumberland County, Pennsylvania under Rule 1915.2 because: a. Both the children and the Plaintiff have a significant connection with Cumberland County; b. Evidence pertaining to the children's present and future care, protection, and personal relationships are within Cumberland County. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer venue of this action to Cumberland County, Pennsylvania. Respectfully Submitted, Date:(J.(; -cff-()Cf Shana M. Pugh, Es ire Law Offices of Patrick F. Lauer, Jr. 2108 Market St. Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LLCOUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ~ ... x ~ c: -t ~-" -< 0 :c N =<~....o <.0-,"",,% The undersigned attorney hereby verifies and states that: <:> ;:: C; ~ . n ... ;3 -0 ,.. 1. She is the attorney for Jennifer A. Goetz. -I :::u ,..--' -< 2. She is authorized to make this verification on behalf of the client; ~.'~-: 3. The facts set forth in the foregoing are known to her and not necessarily to'H~r client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, information, and belief; and ATTORNEY VERIFICATION ...... .-::....> 0.::;::' <= ,.- c= Z 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. Date:OR-oqO?( ShanaM.Pugh,Esqw 2108 Market St., Aztec Building Camp Hill, PA 17011 Id. No. 200952 Tel. No. (717)763-1800 '!I II 'I JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the foregoing AMENDED PETITION TO TRANSFER VENUE upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: en o .... :c ~ ~ -l )--\ ...-0 X N =4",,"0 <0--"% '--0 ~'n ~ r- 0 -t ::3 0 ... ,.. -l ;;a -< -< .... Iii ~ "", <,~:> <,,;;:Jo """ Darrell S. Towsley 29 Main Street Almond, NY 14804 ('- c:: Z t....... (.:J ~ "...J. Respectfully submitted, W) Date: tlf' IY( -{)7 P Shana . Pugh., Esquir Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 (717)763-1800 Exh.>h+ 1+ " " IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 r",' ~:-. ;,,:..... vs. Custody DARRELL SCOTT TOWSLEY Defendant James E. Crossen, III. Esq. -- for the Plaintiff Darrell Scott Towsley - pro 5e Defendant ORDER OF COURT AND NOW. this 3l Jc day of ~ 2003, at If)', 00 . O'c1ockA- ,m; the attached STIPULATION is hereby approved and made an ORDER of this Court. BY tHE COURT, ~-( J. ( '-_:', y' - - __0 u.... ()'\ .>) .' tlP, ,/ .' IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, No. S-2214-2002 Plaintiff vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the parties in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be held by the Mother, Jennifer Ann Goetz, for the minor children, Cassandra Nicole Towsley (DOB 8/8/91) and Shawn Patrick Towsley (DOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records concerning these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRlMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: (a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.rn. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be ananged by the parties, and one weekend each month from Friday at 9:00 p.m. until Sunday at 7:00 p.m. (c) The parties will share transportation by meeting at Wegmans in WiIliamsport, Pennsylvania for the drop-off and pick-up of the children. .' , (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will have. tl;;::;;] for Christmas 2003 and Father will bave thein for Easter 2004. . (e) TIle parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue ulltillifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by the parties by mutual consent. 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatoI)' remarks about the other party in the presence of the children or permitting anyone else to make such remarks about the other party while the children are in their custody. 6. Order. The attached general guidelines are incorporated herein and made a part of this 7. This S ~L ( ~--U LA TION shall be entered as an Order of Court. James E. Crossen, Ill, Esquire Counsel for Plaintiff . A~(1 ~etz J) Date: 1l~Y{~ \ J}.'ItCZ: ~ DARRELL SCOT~SLEY 7-S1-d 2 1'" , ".'\ GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are ge.neral and do not address every problem. ' ' ' 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party no longer wishes to continue with a change in a manner previously agreed upon, or if there are disputes concerning the Order, the parties may not and shall not disobey the Order, but shall instead petition the Court for modification of the Order. 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your changing needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule set out in the Court Order. 3. One party cannot unilaterally prevent the other from having his or her time of custody or visitation becaUSe of scheduled activities of the child(ren). And, neither party shall, without the other party'sprior express approval, schedule activities or appointments which would require the child(ren's) attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising that right. 4. Both parties shall be responsible and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each other concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev, 9/9/99 <t . > ., , \ '\ '. t , Page 2 General Guidelines for C~i1d Custody and Visitation 6. Each party has his or her own concept of child rearing which need to be respected. One party shall not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things being done are harmful or detrimental to the health and welfare of the child(ren). ' 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently inspected, registered, and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat for infants must be used. If only one party has a car seat, it should be loaned to the other party for use when the child(ren) is/are in that party's custody. 10. The child(ren) should be ready to be picked up on time. The party who is doing the transporting should be on time. ' 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines. ~.9~.....~......."'" {'..', r .,,...., . -,., "-r' t, .!.t,A::;& -.;:.,"- .:", j IW 1mc I S~i\; 'J H' ~.IW' \ \1., RS~ \, ~ t"~,,' \), y, .~, ~ '/l ~.. ;;(.\ ' . \ II JENNIFER ANN GOETZ, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4041 DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LAW Defendant/Respondent: IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Plaintiff, Jennifer A. Goetz, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, files a Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Plaintiff/Petitioner is Jennifer A. Goetz, an adult individual residing at 1814 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant/Respondent is Darrell S. Towsley, an adult individual residing at 29 Main Street, Almond, New York, 14804. 3. The parties hereto are the parents of the following minor children, who reside at 1814 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. NAME 1. Cassandra Nicole Towsley 2. Shawn Patrick Towsley AGE d.o.b.08/08/91 d.o.b. 06/02/94 4. On July 30, 2003, the Schuylkill County Court of Common Please entered an Order of Custody, granting Plaintiff primary physical and sole legal custody of the parties' children, and granting Defendant partial physical custody of the parties' children. A true and correct copy of this order is marked Exhibit "A", attached hereto, and made part thereof. 5. The best interests and permanent welfare of the children will be served by a modification of the Court's Order because: A. The children do not wish to spend the court ordered amount oftime with their Father. B. The Father continually and willfully fails to obey the current order. 6. Jurisdiction has been transferred from Schuylkill County to Cumberland County on Plaintiff's motion and by Court order dated July 6, 2006. A true and correct copy of the Petition and Order is marked Exhibit "B", attached hereto, and made part thereof. II J WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify the current Order to allow for primary physical custody with Plaintiff, ,limited periods of supervised visitation with the Defendant and continued sole legal custody with Plaintiff. Respectfully Submitted, Shana M. ugh, quire Law Offices ofPatrlck F. Lauer, Jr., LLC . 2108 Market Street, Aztec Building Camp Hill, PA 17011 Id. No: 200952 Tel.: (717) 763-1800 Date: 67~/q~ " JENNIFER ANN GOETZ, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : OF CUMBERLAND COUNTY, PENNSYLV ANIA v. : NO. 06-4041 DARRELL SCOTT TOWSLEY, : CIVIL ACTION :- LAW Defendant/Respondent: IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PETITION TO MODIFY ORDER OF CUSTODY upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules, of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: Darrell S. Towsley 29 Main Street Almond, NY 14804 Respectfully submitted, Date:.D1 -l1-t5lp a M. Pugh., Es Law Offices ofPatric F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 (717) 763-1800 1/ JENNIFER ANN GOETZ, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06-4041 DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LAW DefendantJRespondent: IN CUSTODY VERIFICATION I verify that the statements made in this PETITION FOR MODIFICATION OF A CUSTODY ORDER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date:# ,#l~&c~ ' Jennife A. Goetz E)(hibit A .. ::,,\" ,. .,........- .,..... ~ J" ," . . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, No. S-2214-2002 Plaintiff vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the parties iI]. the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be helel by the Mother, Jennifer Ann Goetz, for the minqr children, 'Cassandra' Nicole Towsley (DOB ~/8/91) arid ShaWn Patrick Towsley (boa 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRlMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: ,(a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p_m. until SlIDday at 6:30 p.m. (unless the children do not have school on Monday then the rOOlm time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Fatherwill have one week each month, to be arranged by the parties, and one weekend each month from Friday at 9:00 p.m. lIDtil-Sunday at 7:00 p.m. (c) The. parties will share transportation by meeting at Wegmans in Williamsport, Pennsylvania for the drop-off and pick-up of the children. ..( , J" . . .:. . (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the' parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will hav~ th\::~i1 for Christmas 2003 and Father wi~ have them for Easter 2004. (e) TIle parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall,have no contact with the children and that th~e restrictions shall continue until lifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY c.an be arranged by the parties by mutual consent. 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party ill the presence of the children or permitting anyone else to make such remar~ about the other party while the children are in their custody. . ~. " ',. TIle. attached:general mridelines are in~orp~rated herein .~nd inade:a part of tris . Order.. . .... . LA nON shall be entered as an Order of Comt. ~ n ~^aJ:1V9 Je . er AIm oetz James E. Crossen, ill, Esquire Counsel for Plaintiff Date: 1 {J- ~{()\ iJ.'~~ DARRELL seo . SLEY 7-S1 T8 2 r. ". ~ :\ , . GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION ~t.: These guidelines are provided to hefp you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are ge,neral and do not address every problem. ' .' ' .'. i- 'to 1. The COl:lrt Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shaH use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party, no iohger wishes to continue with a cha.nge in a manner previously agreed upon, or if there are disputes concerning the Order, the parties may not and shall not disobey the Order, but shall instead .petition .the Court for modification of the Order. 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your cha'nging needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule sel out in the Court Order. 3. One party cannot unifaterally prevent the other from having his or h~r time of custedy'of'Visitation becaus~ qfschepLll?q a.ctiyitj~s of .tne .chllcHren).' And, neither party shall, witnout the other party's 'prior express approval,' scheduie activities or appointm~nts which would require the child(ren's) . attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exerciSing-that right. 4. 80th parties shall be responsible 'and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not Ilkely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each othe'r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications. of the custody arrangements. Furthermore, neither parent shall discuss with the Child(ren).any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 II 'It n". .~fJ' '_"? '\ . ~ I \ .,.. , '\ , . j Page 2 General Guidelines for C!1i1d' Custody and Visitation 6. Each party has his or her own concept of child rearing which ~eed to be respected. One party shaff not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things b~ing done are harmful or detrimental to the health and welfare of the child(ren). . 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should Use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently'inspected, registered, and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat for infants must b~ used. Ifonlyone party has a car seat,:it shoul.d be. loaned to the other party for use,..why,n.tbe. c;hUd.'r~n.).isIW~.in, t~~t P.~,.rtYs c.~$1pdy. 10. The child(ren) should be ready to be picked up on time. The party who. is doing the transporting should be on time. . 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines.. ~ J\Ill'.rt....~.......-.::=.=-::C... , " ' '?...~, T '!- ; .-,..1- ,',' '." ,~ ~.,..... ';', '.','1, '". Ii'l .II 10M 1 sect' H:; I nl ,; , . I,,' J,: . U, 0.,.''',' T. ,., ',no .",.," '[j'- '\1" ",""' ..... ' .1, I ' '" U' I" , ~' .. ' . i j: T'" t, ' . :!J ~ !~~ t '.',J-r t t ,.f . . _.. ;;',.1 ..._~L... \.... L.J L/L~, bhibit B j" .. JENNIFER ANN GOETZ, ~ ~ Plaintiff v. DARRELL SCOTT TOWSLEY, Defendant ORDER CT'zfo/ fJ ~ : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY : NO. S-2214-2002 : CIVIL ACTION - LA W : IN CUSTODY en <') ""D ::c :u c: 0 -< -; _,-0::::: ,0) -... ~ '""f1 to (Q-.."z or-- -0 _r-Q~ ::3 Qm;: -of ::0 -< -< ""0 ,CJi }:Ii. C- c:::: r-~ N -.t: .0 ,.....,. ~ c:;;;;, O? tJ: AND NOW, this "~day of ~006, it is hereby Ordered and Decreed that the above captioned Custody action is transferred to Cumberland County. The Plaintiff will pay all fees and costs associated with the transfur. Distribution: Shana M. Pugh, Esquire Defendant Court Administrator ~~/J ' , 1 , I; J H'ff ; I . ;I ~ ~...... . ':"" ....... ~.._._,) . J. .; 1) sac,; ~ , ,.' , ~ { l I'" 'r':" .. ; '1' "II ,II I -.),'-~ c.,.. , ,:)L~~J ~~ ~ ~ ~ Cv ~ ~ ~ ~ \. . ~ r-.-"'I C~: '", ~;'~ I L___:::1 :. :~: i' i ~\ f.' -- C 'I JENNIFER ANN GOETZ, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4041 DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LA W Defendant/Respondent; IN CUSTODY PETITION FOR CONTEMPT 1. Plaintiff/Petitioner is Jennifer A. Goetz, an adult individual residing at 1814 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant/Respondent is Darrell S. Towsley, an adult individual residing at 29 Main Street, Almond, New York, 14804. 3. Petitioner and Respondent are the natural parents of two minor children, Cassandra N. Towsley, born August 8, 1991, and Shawn P. Towsley, born June 2, 1994. 4. The initial Complaint for Custody was filed in 2002 in Schuylkill County, after which the parties' entered into a Custody Stipulation, attached hereto as Exhibit "A" and incorporated herein. 5. The Plaintiff and the children moved from Schuylkill County to Cumberland County approximately two years ago. 6. On or about June 12,2006, Plaintiff filed an Amended Petition to Transfer Venue in Schuylkill County, attached hereto as Exhibit "B" and incorporated herein. Said Petition was granted on July 6, 2006, attached hereto as Exhibit "C" and incorporated herein. 7. On or about June 16,2006, Plaintiff filed an Ex Parte Petition for Emergency Relief in Schuylkill County, attached hereto as Exhibit "D" and incorporated herein. On or about June 19,2006, said petition was granted, attached hereto as Exhibit "E" and incorporated herein. 8. Upon agreement of the parties, Petitioner/Mother was given primary physical custody of the children. Upon agreement of the parties, Daniel Fisher, the son of Respondent's current wife, is not to be present with the children during the times that the Respondent/Father is exercising his custodial periods. 9. In August, 2000, Daniel Fisher molested Shawn P. Towsley, the parties' son. 10. Daniel Fisher resides with RespondentJPetitioner at 29 Main Street, Almond, New York. 11. Respondent has willfully failed to comply with the current Custody Stipulation by allowing the children to be in the presence of Daniel Fisher. 12. Beginning in December, 2005, the Respondent/Father, allowed Daniel Fisher to remain in the home during scheduled visits. Daniel Fisher and Shawn Towsley slept in the same room, alone, during these 13. visits. 14. Fisher. 15. Respondent has taken Cassandra and Shawn Towsley on day trips with Daniel " 19. Petitioner is filing a Petition to Modify Custody simultaneously with this Petition for Contempt. 20. Petitioner requests a hearing be scheduled: a. For the immediate cessation of any contact between the children and Daniel Fisher; b. To enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition, which fees shall be at least five hundred dollars and 00/100 ($500.00); and c. To hold Respondent in contempt and to fine and/or otherwise incarcerate Respondent for said contempt. WHEREFORE, Petitioner requests that Respondent be held in contempt of court and requests an Order be entered granting relief requested as set forth in the proposed order. Respectfully Submitted, ". Date:~ Shana . u , squ' e Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street Camp Hill, Pennsylvania 17011 ID No. 200952 Tel. (717) 763-1800 Attorney for Plaintiff/Petitioner " JENNIFER ANN GOETZ, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO; 06-4041 DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LAW Defendant/Respondent: 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. C.S. ~ 4904, relating to unsworn falsification to authorities. . Date:~~ " JENNIFER ANN GOETZ, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4041 v. DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LAW Defendant/Respondent: IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing PETITION FOR CONTEMPT upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: Darrell S. Towsley 29 Main Street Almond, NY 14804 Respectfully submitted, Date:Jr]-al-Ol p Shana M. Pugh., Esquire Law Offices of Patrick F. auer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 (717) 763-1800 . Exhibi+ A " ,0' ~ . ~ . ... ...... .,.-' /.,. . Ii' IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, No. S-2214-2002 Plaintiff vs. DARRELL SCOTI TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the parties it] the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be helq by the Mother, Jennifer Ann Goetz, for the minqr children, Cassandra' Nicole Towsley (DOB 8/8/91) arid Shawn Patrick Towsley (DOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRIMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: (a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the rOOlrn time is 7:00 p.m. on Sunday). lfthe children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be arranged by the parties, and one weekend each month from Friday at 9:00 p.m. until-Sunday at 7:00 p.m. (c) The parties wiIl share transportation by meeting at Wegmans in Williamsport, Pennsylvania for the drop-off and pick-up of the children. " ., ' . -~. ) , . . (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the. parties hereby agree to alternate the holidays so that Father win have the children for Thanksgiving 2003, Mother will hav~ th~~i1 for Christmas 2003 and Father will have them for Easter 2004. . (e) The parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue ulltillifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by the parties by mutual consent. 5, Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party in the presence of the children or permitting anyone else to make such remarks about the other party while the children are in their custody. 6. .. c The attached.:general guidelines are incorporated herein and made a part of this' Order. . 7. This S -:0D LATION shall be entered as an Order of Court. ~r\~^{L,(1~ Je 'fer Ann oetz James E. Crossen, III, Esquire Counsel for Plaintiff Date: 11d-Y{~ \ .a.,<~ DARRELL SCO .. SLEY 7-S1 TB 2 . .;:\ . GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION ~ " These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are general and do not address every problem. . . ' 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party no longer wishes to continue with a change in a manner previously agreed upon, or if there are disputes concerning the Order, the parties may not and shall not disobey the Order, but shall instead .petition the Court for modification of the Order. . 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your cha'nging needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule sel out in the Court Order. 3. One party cannot unilaterally prevent the other from having his or her time of custedy'orvisitation becaus~ qf schedLlJ?q 'activities ofttjechild{ren).. And, neither party shall, witoout the other party's'prior express approval, schedule activities or appointments which would require the child(ren's) . attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising-that right. 4. Both parties shall be responsible and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each othe'r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 \. \ ;'-\....! ".!l~ ..~. \~'\.\ . , Page 2 General Guidelines for C!lild Custody and Visitation 6. Each party has his or her own concept of child rearing which I}eed to be respected. One party shall not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things b~ing done are harmful or detrimental to the health and welfare of the child(ren). . 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently1inspected, registered, and insured, and driven in a safe manner by a responsible driver with a current valid driver's license. A car seat for infants must b~ used. If only one party has a car seat,it should be loaned to the other party for usewh~n, tbechild.(re.n) is/c;lr~in th<:lt p,arty's c.l:Is!ody, 10. The child(ren) should be ready to be picked up on time. The party who. is doing the transporting should be on time. . 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines.. ...~~.~......~........". ~~,..," ,., ~r;-\ " '. __~." '.. I.q I 310M 1 SIltt ': . ! ~ ~ ~f \ , iWi!:, .' .'..... .lJill j;"{rl. ;Ji' . U i,,' ..;1 t. ..' "ifl .,iJ :. ~_.-" L,; '......- ,...;J S..I u .~. \. . Exhibit B JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LLCOUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY \"'000> <":..> c:;.~ AMENDED PETITION TO TRANSFER VENUE ~ (It c_ n;: c::: :a: -7'" c: AND NOW, the Plaintiff, Jennifer A. Goetz, by and through her attorneys, The La;iY: Offic~ ~ - .... , N -a~.... Patrick F. Lauer, Jr., LLC, avers the following in support of the Petition for Transf~of~ii , 3 ~~ ;..,.... -< 1. The Plaintiff, Jennifer A. Goetz, is an adult individual currently residing ~1814 -: ,o;.,J'"> Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. · 2. The Defendant, Darrell S. Towsley, is an adult individual currently residing at 29 Main Street, Almond, New York, 14804. 3. The Plaintiff and Defendant are the parents of the following minor children: Cassandra N. Towsley, born August, 8, 1991 and Shawn P.-Towsley, born June 2, 1994. 4. The Plaintiff has primary physical custody of said children pursuant to a Custody Stipulation dated July 31,2003. See attached Exhibit "A", incorporated herein by reference. 5. The Plaintiff avers that the forum in which the action was originally brought is no longer convenient for the following reasons: a. The Plaintiff has not resided in Schuylkill County for approximately two years; b. The children have not resided in Schuylkill County for approximately two years; c.The Defendant has never resided in Schuylkill County. 6. Pursuant to Pa. R.Civ. Pro. 1915.2, venue may be transferred to a county in which the action could be brought at the time of filing the petition to transfer. 7. The action may be brought in Cumberland County, Pennsylvania under Rule 1915.2 because: a. Both the children and the Plaintiff have a significant connection with Cumberland County; b. Evidence pertaining to the children's present and futur,e care, protection, and personal relationships are within Cumberland County. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer venue of this . action to Cumberland County, Pennsylvania. Respectfully Submitted, Date(Xp -cf(-tkf Shana M. Pugh, Es . e Law Offices of Patrick F. Lauer, Jr; 2108 Market St. Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 JENNIFER ANN GOETZ, Plaintiff v. DARRELL SCOTT TOWSLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY : NO. S-2214-2002 : CIVIL ACTION - LA W : IN CUSTODY ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. She is the attorney for Jennifer A. Goetz. 2. She is authorized to make this verification on behalf of the client; 3. The facts set forth in the f6~going are known to her and not necessarily to her client; 4. This verification is intended to expedite the litigation; 5. , A verification of the client will be supplied ifdemanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, iIiformation, and belief; and 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Date:QR-oq,,01( "~ Ji. Shana M. Pugh, Esq . 2108 Market St., Aztec Building Camp Hill, PA 17011 Id. No. 200952 Tel. No. (717)763-1800 JENNIFER ANN GOETZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF SCHUYLKILL COUNTY v. : NO. 8-2214-2002 DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing AMENDED PETITION TO TRANSFER VENUE upon the person, and in the manner, indicated below, which service ' satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: Darrell S. Towsley 29 Main Street Almond, NY 14804 Respectfully submitted, Shana . Pugh., Esquir Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 200952 (717) 763-1800 Date: {jf-IY( ~t57 R .. EXHIBIT .A . f i.:. ;) ',' . ' ~ . ". ... ~ .;.<.~. "' - , , ' ~ . . . . , . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL C'OUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 r:' (,.-- . ~. vs. Custody - ~ . DARRELL SCOTT TOWSLEY Defendant James E. Crossen, Ill, Esq. -- for the Plaintiff Darrell Scott Towsley - pro se ,Defendant .,.. -. y , '- - -. tJ. - :..~ .. (]'\ ..0 ORDER OF COURT AND NOW, this 3l,J;:" day Of_~ _ _ 2003, at I {):<:>l:l .. O'c1ockA- ,m; the attached STIPULATION is hereby approved 'and made a~ ORDER of this Court. , BY tHE COURT, ~i J. iL " r Ii ,1>' !l , . IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ, No. S-2214-2002 Plaintiff vs. DARRELL SCOTI TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the p~es in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be helq by the Mother, Jennifer Ann Goetz, for the minqr children, Cassandra Nicole Towsley (DOB 8/8/91) arid Shawn Patrick Towsley (DOB 6/2/94), which will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRIMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: (a) During the months of September through May, the Father shall have one weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father will have one week each month, to be ananged by the parties, and one weekend each month from Friday at 9:00 p.m. until.Sunday at 7:00 p.m. (c) The parties wiIl share transportation by meeting at Wegmans in WiIIiamsport, Pennsylvania for the drop-off and pick-up of the children. " . , .f, . .. , (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the' parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 20~03, Mother win have. tt.~~i1 for Christmas 2003 and Father will bave them for Easter 2004. . (e) The parties hereby agree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue until lifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY can be arranged by the parties by mutual consent. 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party in the presence of the children or permitting anyone else to make such remarks about the other party . while the children are in their custody. ' 6. ,The, attached~general guidelines are incorporated herein and made:a part of this ' Order. ' 7. This S -::s:-u LATION shall be entered as an Order of Court. ~r\~^(l&~ Je "fer Ann oetz James E. Crossen, III, Esquire Counsel for Plaintiff Date: 1ld-~{()\ iJ-'~~ DARRELL SCO . SLEY 7-S1-z:B 2 ..:~: . ~ "\ . .. GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION . -. r .. These guidelines are provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are ge,neral and do not address every problem. ' , ' 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party no longer wishes to continue with a cha!lge in a manner previously agreed upon, or if there are disputes concerning the Order, the parties may not and shall not . disobey the Order, but shall instead .petition the Court for modification of the Order. ' 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your cha.nging needs. However, if you cannot agree to changes with the other party, then all parties must obey the schedule set out in the Court Order. . 3. One party cannot unilaterally prevent the other from having his or her time of custedy'orvisitation becaus~Qf sche~ul?q activitj~s oft/jech'i1d{ren).. And, neither party shall, without the other party's 'prior express approval,.' schedule activities or appointments which would require the child(ren's) , attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising-that right. 4. Both parties shall be responsible 'and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each othe'r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren) any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 "':l~'"1n ~:-"'C~I(~1 ; 'f ,1 PH,.-!',-.., ; ~i 'i i 'f _'J.:. .. "~\Uf , :: ,~'llIS I . MUl /'..1 t.~~ tJ uc.J~U ~, '...................'........... '.sau!lapln6 leJatia6 ~IUO aJe aS9LJl .sapasJadns JapJQ Jo/pue UOllelndllS a4l 'saU!lap!no leJ8Ua6 asaLll Ol AJOlOlPeJlUOO AIlBO!J!oads S! pa4::>e>>e aJe sau!lapln6 asaLll LI::>!LlM Ol JapJQ JO UO!lelnd!lS 6ulpa::>aJd aLll jO UOlJ,Jod Aue jl . ~ ~ 'awlI uo aq PlnoLls 6unJodsueJI a4} DU!OP S!04M Ailed alH 'aW!l uo dn pa)jo!d aq oJ Apea~ 8q PlnoLls (u8J)PI!LlO 841 '0 ~ 'j{polsnt> s,Ap~d Je~l U! ale/Sl (U€UJPI143aql'uallM8sn JOJ AlJed J84l0 8L1l Ol paueoj 'aq PlnOl.Js U 'leas Je::> e sell Al.led auo AIUO JI 'pasn aq lsnw slueJu! JOJ leas Jeo V 'asuao!l s,JaA!-IP p!leA luaJJnO e LlI!M JaApp alqlsuodsaJ e Aq Jauuew ajes e U! uaApp pue 'paJnsu! pue 'paJalS!DaJ 'pal::>adsu! AnUq.uno 'uo!l!puoo 6uluuru po06 U! S! LI::>!4M 8/lqowolne ue U! aq PlnOl.Js (asIa auoAue JO) Al.led Jalma Aq al!qowolne Aq (uaJ)pI!LlO a4l JO uoneJ,JodsueJ.L '6 . uO!lel!S!A JO ApoIsno JO spopad 6upnp JO aJOj8q IOU Allepadsa lnq 'aw!} Aue Je 10Llo::>le jO lunowe aAlssa::>xa ue >/upp JO s6rup le68m asn PlnoLls AJ,Jed JaLlI!aN '8 'uO!SSlWJad ssaJdxa InoLlIlM 8sn04 s.JaLllo aLII U! aq OIILlD!.l aLII sell AJ,Jed Ja4l!aN 'L '(U8J)PI!40 all} JO aJejlaM pue 41lea4 aLlIOllelUaWfJlap JO InjwJeLl aJe auop 6u!sq s6u!4l a4l ssalun 'A eM s,Al.led ISJIJ a4I auop aq AaLllleLlllS!SUI JO 'wa4l op PlnoM Al.led ISJIJ alll AeM aLII auop IOU aJe s6u!4I 8st1e::>aq Isnf AJ.led puooas a4I aZI::>!J!JO lOU lIells l\J.1ed auO 'paloadsaJ aq Ol paau 40!4M DUpeaJ Pl!4o JO lda::>uoo UMO JaLl .10 S!LI se4 ^-lJed 40e3 '9 .-. h . , UO!1l!l!s,^ pue .(pOlsn:) pulio .10) saullaPln91e.Jeuag ZB61!d I~ \, >. I.r: . ''>{.' . '.J -,,\., f) ... . EXhibit C. / " JENNIFER ANN GOETZ, Plaintiff v. DARRELL SCOTT TOWSLEY, Defendant ORDER cr~ fJ~ : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LLCOUNTY : NO. S-2214-2002 : CIVIL ACTION - LAW : IN CUSTODY r-..:> <;::::;) = 0'::> en (.") "'0 ::t: ::0 c:: <;) -< -'i _ r-o :::: ,C"? '....,.;:..;; '"t1 0 <O--"z -0 or--a ~ _r-o.... ...;;;> oif1)> --f :;0 -< -< "1j t:J )> C- c=: r- N _J: -0 fI: AND NOW, this &,;;....-' day of ~006, it is hereby Ordered and Decreed that the above captioned Custody action is transferred to Cumberland County. The Plaintiff will pay all fees and costs associated with the transfer. Distribution: Shana M. Pugh, Esquire Defendant Court Administrator ~AIJ ' ! 4 ! II; I;' h. , )' ~ i , ,),'" ,.....,. ',..~J J. ,; ,\ ;;. "11 . '.' ~;t;(;{~ . i II! .1 -'",. ..._(1' ,J.i.l t': LiI. ~JI~ . Exhibit D " JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 ~ c:::> c:.::. en DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ('"- c::: Z :g ." :&: ~ c: -t -<ox t-A -"--"0 en ......~....% (0"--0 o..-o-c :n - 0 fTI )lo- :::3 -c:D ;.--' -<-c: C) ." )lo- '"n J')) F.X P A RTF. PF.TITTON FOR F.MF.RGF.N~V RF.T ,TF.F The Plaintiff, Jennifer Ann Goetz, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Ex Parte Petition for Emergency Relief against the Defendant, Darrell Scott Towsley, and in support thereof, avers the following: , , 1. The Plaintiff is Jennifer Ann Goetz, an adult individual and the natural Mother, who currently resides at 1814 Carlisle Road, Camp Hill, Cumberland County Pennsylvania, 17011. 2. The Defendant is Darrell Scott Towslwy, an adult individual and the natural Father, who currently resides at 29 Main Street, Almond, New York, 14804. 3. The Plaintiff filed an Amended Petition to Transfer Venue on June 12,2006, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, for the convenience of the Plaintiff, as she and the children now reside in Cumberland County. 4. The Defendant has been served with the Petition but has not filed an answer. 5. On July 31, 2003, this Court entered an Order approving a Stipulation signed by the Plaintiff and Defendant, a copy of which is attached hereto as Exhibit "B", and incorporated through reference. 6. The Stipulation states that Daniel Fisher shall not be present with the children during the times that the Father has partial custody of the children, unless such restrictions are lifted by Shawn's Counselor, Angela Strickler. 7. The children are not to have any contact with Daniel Fisher because he has sexually . abused Shawn Towsley. 8. Daniel Towsley lives in the home of the Defendant, Darrell Scott Towsley. 9. When the children visit their Father, the Defendant, Shawn Towsley sleeps in the same bedroom as Daniel Fisher, contrary to this Court's Order. 10. The Plaintiff fears that continued contact between her son and Daniel Fisher will cause further irreversible psychological damage. 11. The Plaintiff is legitimately fearful that her children will be harmed physically and/or emotionally by continued contact with Daniel Fisher. 12. The children are scheduled to visit their father, the Defendant, on June 23,2006, the date of Daniel Fisher's graduation from high school, which ensures the restricted contact will occur. 13. If the relief sought by this petition is granted the harm to the Defendant will be minimal because a custody conciliation will be scheduled upon transfer of the case to Cumberland County. WHEREFORE, the Plaintiff, Jennifer Ann Goetz, respectfully requests this Honorable Court to award temporary physical custody of the parties' minor children, Cassandra Towsley and Shawn Towsley, to the Plaintiff and suspend Defendant's visitation on an emergency, ex parte basis, which award of custody is to be superseded by judicial approval of a recommended order of the custody conciliator and the third party counselor lifts the restriction on contact. Date:6lQ -; rf~ <t Respectfully submitted, , ~/ Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Bllilding Camp Hill, Pennsylvania 17011-4706 ID#200952 Tel. (717) 763-1800 ~ . JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY A TTORNRV VRRTFTCA TTON The undersigned attorney hereby verifies and states that: 1. She is the attorney for JenniferA.Goetz. 2. She is authorized to make this verification on behalf.of the client; 3. The facts set forth in the foregoing are known to her and not necessarily to her client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing are true and correct to the best of her knowledge, information, and belief; and 7. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Respectfully submitted, Date:ofp -/t/Otj Shana M. PUgh, Esq e Law Offices ofPatric F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#200952 Tel. (717) 763-1800 ~ . JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LA W : IN CUSTODY (;'F.RTTFT(;A TR OF SRRVT(;R I hereby certify that I am tI:iis day serving a copy of the foregoing EX PARTE PETITION FOR EMERGENCY RELIEF upon the person, and ill the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: Darrell S. Towsley 29 Main Street Almond, NY 14804 Respectfully submitted, Dategrp -I L( dt/ Shana M. Pugh., Es e Law Offices of Patrick F. Laue, ., tc 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#200952 (717)763-1800 ~ ,. . ' -EXHIBITA . ! ~ ',' .'\ ' .~ ./.~"it. ". "\ . I . .~ ~ .. JENNIFER ANN GOETZ, Plaintiff v. DARRELL SCOTT TOWSLEY, Defendant ORDER. AND NOW, this day of ..~''1. : IN THE COURT OF COMMON PLEAS : OF SCHl)YLKILL COUNTY : NO. S-2214-2002 : CIVIL ACTION - LAW : IN CUSTODY 2006, it is.hereby Ordered and Decreed that the above captioned Custody action is transferred to Cumberland County. The Plaintiff will pay all fees and costs associated with the transfer. Distribution: , Shana M.' Pugh, Esquire Defell,dant Court Administrator 1. .- ,. JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 "f"'o..::> <:::'~ : €iS (f) <") ""Q :c :::0 e. '0 ..-( --I I---'r-O% N =4.;:;oo:""'lO (t)......,,;z: r-o ':..0 ~ r- C'> -i :3 om)ioo- --I :::D .~ -<-< o ,., ~ AND NOW, the ~laintiff, Jennifer A. Goetz, by and through her attorneys, The ~ O~s of DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW :IN CUSTODY ,,- ,c:;: z AMENDEI) PETITION TO TRANSFER VENUE Patrick F. Lauer, Jr., LLC, avers the following in support of the Petition for Transfer of Venue: 1. The Plaintiff, Jennifer A. Goetz, is an adult individual currently residing at 1814 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Darrell S. Towsley, is an adult individual currently residing at 29 Main Street, Almond, New York, 14804. 3. The Plaintiff and Defendant are the paren~s of the following minor children: Cassandra , , N. Towsley, born Au~st, 8, 1991 and Sha\YIl P.,yowsley, born June 2, 1994. 4. The Plaintiff has primary physical custody of said children pursuant to a Custody Stipulation dated July 31,2003. See attached Exhibit "A", incorporated herein by reference. 5. The Plaintiff avers that the forum in which the action was originally brought is no longer convenient for the following reasons: a. The Plaintiff has notresided in Schuylkill County for approximately two years; b. The children have not resided in Schuylkill County for approximately two years; c. "The Defendant has never resided in Schuylkill County. I ~ 6. Pursuant to Pa. R.Civ. Pro. 1915.2; venue may be transferred to a county in which the action could be brought at the time of filing the petition to transfer. 7. The action may be brought in Cumberland County, Pennsylvania under Rule 1915.2 because: a. Both the children and the Plaintiff have a significant connection with Cumberland County; b. Evidence pertaining to the children's present and future care, protection, and personal relationships are within Cumberland County. t. WHEREFORE, Plaintiff respectfully requests your Honorable Court to transfer venue of this . , action to Cumberland County, Pennsylvania. Respectfully Submitted, z Shana M. Pugh, Es . e Law Offices of Patrick F. Lauer, Jr; 2108 Market St. Aztec Bldg. Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 DateOR-r;F(r-O{f JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, , Defendant : CIVIL ACTION - LAW : IN CUSTODY ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. She is the attorney for J eDnifer A. Goetz. 2. She is authorized to make this verification on behalf of the client; 3. The facts se~ forth in the foregoing are known to her and not necessarily to her client; 4. 1bis verification is intended to expedite the litigation; 5. , A verification of the client win be supplied if.dematided; 6. The facts set forth in the foregoing are true and correct to the best of her knowled,ge, information, and belief; and 7. She is aware that false statements herein are made subject to the perialties of 18 Pa. C.S.A. 9 4904, relating to unsworn falsification to authorities. D,ate:at-oq"Olf Shana M. Pugh, ,Esq . 2108 Market St., Aztec Building Camp Hill, P A 17011 Id. No. 200952 Tel. No. (717)763-1800 1- JENNIFER ANN GOETZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF SCHUYLKILL COUNTY v. : NO. S-2214-2002 DARRELL SCOTT TOWSLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SAAVICE I hereby certify that I am this day serving a copy of the foregoing AMENDED PETITION TO lRANSFER VENUE upon the person, and in the manner, indicated below, which service . satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same through first class mail, pre-paid, and by certified mail, restricted delivery, return receipt requested, addressed as follows: Darr~II S. Towsley 29 Main Street Almond, NY 14804 Respectfully submitted, Date: {jpr1Jf--mp Shana ' . Pugh., Esquir Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# ,200952 (717) 763-1800 . J' EXHIBJT:A . / " ~ '<, , , ~ 1\ . " f . ;.1. ~'~':. "\ ,~.. . l ..' . " I . .' " , ~. ., . , . , , IN THE COURT OF COMMON PLEAS OF SCHUYLKILL C'OUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 vs. Custody DARR~LL SCOTT TOWSLEY. Defendant James E. Crossen, Ill, Esq. -- for the Plaintiff Darrell Scott Towsley ~, pro se pefendant ORDER OF COURT AND NOW, this 3t,)C day Of._~ m __20_03.atl~'.o~__ O'c1ockA- ,m; the attached STIPULATION is hereby approved and made an ORDER of this Court. .BVIHE COURT, ~i J. ,. . . P' ~ ",J. . r F IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY crvn. ACTION - LAW JENNIFER ANN GOETZ, No. S-2214-2002 Plaintiff vs. DARRElL SCOTI TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION t AND NOW, the parties in the above-captioned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY ~hall be helq by the Mother, Jennifer Ann Goetz, for the minqr children, Cassandra' Nicole Towsley (DOH ~/8/91) arid ShaWn Patrick Towsley (bOB 6/2/94), .wlllch will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRIMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Towsley, as follows: . (a) During the months of September through May, the Father shall have one 'weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the rOOIm time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father ,will have one week each month, to be arranged by the parties, and one weekend each month from Friday at 9:00 p.m. untilBunday at 7:00 p.m. ' (c) The. parties will share transpprtation by meeting at Wegmaris in Williamsport, Pennsylvania for the drop-off and pick-up of the children. o. .' , , 6 'f. ~ J . to' , (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the' parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will hav~ th'::.iil for Christmas 2003 and Father will bave them for Easrer2004. . (e) The parties hereby ~gree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue ulltillifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY c.an be arranged by.the parties by mutual consent. I 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party in the presence of the children or permitting anyone else to make such remm;~ about the other party while the children are in their custody. ' 6.., '. . The. attached:general guidelines are in~o:rp~rated ~erein ,?Jld made;a ~art of this' Order. . LATION shall be entered as an Order of Court. ~~~^Ov(12l9 Je . er Ann oetz James E. Crossen, lll, Esquire Counsel for Plaintiff Date: 11d-~/D \ ~~ DARRELL SCO ' SLEY 7-S1~ 2 GENERAL GUIDELINES FOR CHILD CUSTODY AND VISITATION These guidelines ~~e provided to hefp you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your child(ren). Naturally, they are ge,neral and do not address every problem. . , ' .'. i- 'to 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions ofthe Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if One party, no i6hger wishes to continue with a cha.nge in a manner previously agreed upon, or if there are disputes concerning the Order, the parties mavnot and shall not disobey the Order, but shall instead ,petition the Court 'for modification of the Order. . 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your cha'nging needs. However, if you cannot agree to changes with the other party, then all parties mUst obey the schedule set out in the Court Order. 3. One party cannot unilaterally prevent the ot/1er from having his or h~r time of cu-stedy'ofvisitation becaus~Qfsche~~J?q 'a,ctiYitj~s of tne 'chllq(ren): And, neither party shall, witnout the other party's 'prior express approval,' schedule activities of appointments which would require the child(ren's) , attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exercising-that right. 4. Both parties shall be responsible 'and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the child(ren) as messengers, but shall communicate directly with each othe'r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications. of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren).any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 "'.. "'-',"j . . ,'?' I \, \', , , r I' Page 2 General Guidelines for C!1i1d Custody and V'lSitation 6. Each party has his ar her awn cancept af child rearing which Deed to. be respected. One party shall nat criticize the secand party just because things are nat dane the way the first party wauld do. them, or insist that they be dane the first party's way, unless the things b~ing dane are harmful or detrimental to. the health and welfare af the child(ren). ' , 7. Neither party has the right to be in the other's hause withaut express permission. 8. Neither party should use illegal drugs or drink an excessive amaunt of alcohal at any time, but especially nat befare ar during periads af custady ar visitation. 9. Transportatian of the child(ren) by automobile by either party (or anyane else) shauld be in an autamabile which is in good running canditian, currently inspected, registered, and insured, and driven in a safe manner by a respansible driver with a current valid driver's license. A car Seat for infants must b~ used. If anly one party h~s a car seat,:;1: should be, laaned to. the other party far use,.whyn, tbe, GhUd.cr~n)isI9.r~ ,in t~~t p,~rtyjs c.~s!o.dy, ' 10. The child(ren) should be ready to be picked up an time. The party who., is daing the transporting should be on time. ' 11. If any portion af the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to. these general guidelines, the Stipulation and/or Order supersedes. These ,are only ge!leral guidelines.. ~"...*~.~a4.~~......",,~ ~. Lt.. ~,..,n .f1!. ~r;;..f.l) ,'''~ e'..', Iii '3f 1"M 1 SfJi1~j ii; I f~t j;: . J ltr;; '!'>:"iJ;'orrrl~!j; ~ 1) '1.-'" ii", f1U.t.';I"" ,--../ (_....1: l,,~,.,~ ..1..1 ..;;i t~,~~ . .,: ,;.. ", '~:" , , ....: EXHIBIT B .' ~ , " ~ . , . , , IN THE COURT OF COMMON PLEAS OF SCHUYLKILL C'OUNTY CIVIL ACTION - LAW JENNIFER ANN GOETZ Plaintiff S-2214-2002 r-.~ ~: . \..:-" .' . . vs. Custody ~. .-" DARR~LL SCOTT TOWSLEY. Defendant James E. Crossen, 11/, Esq. -- for the Plaintiff Darrell Scott Towsley ~ pro se ,Defendant ORDER OF COURT AND NOW. this 3l,);:" day Df_~ __ __ 2~03. at~!l: D~ _.. O'c1ockA- ,m; the attached STIPULATION is hereby approved and made an ORDER of this COL,Irt. , BY THE COURT, ~i J. (, -- .' ' .,.. . y' , '. - - u-. :..~ c.n J::> " .' , ~. ~ ) . . ,/ IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY CIVIL ACTION - LAW JENNIFER ANN GOElZ, No. S-2214-2002 Plaintiff vs. DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant CUSTODY STIPULATION AND NOW, the parties in the above-captiqned matter hereto stipulate and agree as follows: 1. LEGAL CUSTODY shall be helq by the Mother, Jennifer Ann Go~tz, for the minqr children, Cassandra Nicole Towsley (DOB ~/8/91) arid Shawn Patrick Towsley (DOB 6/2/94), wlllch will include decision making with regard to important matters such as education, medical care, religious training, etc. Both parties are allowed access to any and all records conceming these matters. Mother will keep Father infonned as to these matters. 2. Goetz. PRIMARY PHYSICAL CUSTODY shall be with the Mother, Jennifer Ann 3. PARTIAL PHYSICAL CUSTODY shall be with the Father, Darrell Scott Tow~ey,asfollows: (a) During the months of September through May, the Father shall have one . . weekend every three weeks from Friday at 9:00 p.m. until Sunday at 6:30 p.m. (unless the children do not have school on Monday then the return time is 7:00 p.m. on Sunday). If the children do not have school on Monday and Father chooses to keep them an extra day, the return time shall be 6:30 p.m. on Monday. (b) During the months of June, July and August, Father ,will have one week each month, to be arranged by the parties, and one weekend each month from Friday at 9:00 p.m. untilBunday at 7:00 p.m. (c) The. parties will share transportation by meeting at Wegmans in Williamsport, Pennsylvania for the drop-off and pick-up of the children. "' . , , . '.f.' J .. . , (d) With regard to the major holidays of Easter, Thanksgiving and Christmas, the' parties hereby agree to alternate the holidays so that Father will have the children for Thanksgiving 2003, Mother will hav~ th~~j'} for Christmas 2003 and Father will nave them for Easter 2004. . (e) The parties hereby ~gree that Daniel Fisher, the son of Debra Fisher, shall not be present with the children during the times that the Father has the children for partial custody, and shall have no contact with the children and that these restrictions shall continue ulltillifted by Angela Strickler, who is the counselor for Shawn Patrick Towsley. 4. Any ADDITIONAL PARTIAL CUSTODY c,an be arranged by ,the parties by mutual consent. I 5. Both parties are directed to encourage the children to love and respect the other party and are prohibited from making any derogatory remarks about the other party in the presence of the children or permitting anyone else to make such remar~ about the other party while the children are in their custody. ' 6.., '. , The. attached~general guidelines are in~orp~rated h(frein ,~d 1:nadea ~art of !pis Order. . 7. This S ~U LATION shall be entered as an Order of Court. ~r\~^a.&~ Je 'fer Ann oetz James E. Crossen, ill, Esquire Counsel for Plaintiff Date: 1 {J-Y{D \ ,O-'4'~ DARRELL SCO .. SLEY 7-S1~ . 2 ..": :-t, "\ . . GENERAL GUIDELINES FOR CHILD CUSTODY AND VISIT AIION These guidelines ~;e provided to help you and the other party be responsible, reasonable, and flexible in carrying out a child custody and visitation schedule for the best interest of your chi/d(ren). Naturally, they are general and do not address every problem. ' .' ' .'. i-". 1. The Court Order must be strictly followed. The parties can, however, deviate from some or all of the provisions of the Order if, and only if, both parties agree to do so. If it becomes desirable or necessary to change the Order, the parties shall use their best efforts to reach agreement before resorting to the Court. In the event that the parties cannot reach an agreement, or if one party. no longer wishes to continue with a cha.nge in a manner previously agreed upon, or if there are disputes concerning the Order, the parties may not and shall not disobey the Order, but shall instead ,petition ,the Court -for modification of the Order. . 2. Use the Court Order or agreement as the basic blueprint and adapt it to fit your cha'nging needs. However, if you cannot agree to changes with the other party, then all parties mUst obey the schedule set out in the Court O'rder. 3. One party cannot unilaterally prevent the other from having his or h~r time of ci.JstedY-Ofvisitation becaus~ Qfsche~~l?q 'a,ctiYiti~ of -the 'chllq{ren}: And, neither party shall, without the other party's 'prior express approval," scheduie activities or appointments which would require the chi/deren's) , attendance or participation during the time that the other party is to have custody or visitation. The party whose time it is to have custody or visitation has the right to decide if the child(ren) will participate in any activity that is to occur during that party's time of custody or visitation, provided, however, that the best interests of the child(ren) shall be taken into account in exerciSing-that right. 4. Both parties shall be responsible 'and flexible in making or responding to requests for changes. The matter of custody and visitation extends for years, and circumstances are bound to arise when each party will need a favor from the other. That favor is not likely to be granted if the other party has been unreasonable and inflexible. If a situation occurs, contact you lawyer. Do not simply disobey the Order or agreement. 5. Neither party shall use the chiJd(ren) as messengers, but shall communicate directly with each othe.r concerning any parenting issue requiring consultation and agreement or concerning any proposed modifications of the custody arrangements. Furthermore, neither parent shall discuss with the child(ren)-any such matters prior to discussing the matter and reaching an agreement with the other party. rev. 9/9/99 p', . . ,'p' \ 4_ j " \ , . " . Page 2 General Guidelines for CfliJd' Custody and Visitation 6. Each party has his or her own concept of child rearing which Deed to be respected. One party shall not criticize the second party just because things are not done the way the first party would do them, or insist that they be done the first party's way, unless the things b~ing done are harmful or detrimental to the health and welfare of the child(ren). . 7. Neither party has the right to be in the other's house without express permission. 8. Neither party should use illegal drugs or drink an excessive amount of alcohol at any time, but especially not before or during periods of custody or visitation. 9. Transportation of the child(ren) by automobile by either party (or anyone else) should be in an automobile which is in good running condition, currently inspected, registerad, and insured, and driven in a safe m,anner by a responsible driver with a current vafid driver's license. A car seat for infants must be used. If only one party has a car seat,:fi should be, loaned to the other party for use..wh~n. tbe, Ghnd.(re.n)fslqr~ in th~t P.~rtys c.us!o.dy, ' ~ - - '. . ". .' '. . . . . . 10. The child(ren) should be ready to be picked up on time. The party who, is doing the transporting should be on time. . ' 11. If any portion of the preceding Stipulation or Order to which these guidelines are attached is specifically contradictory to these general guidelines, the Stipulation and/or Order supersedes. These are only general guidelines., ~-.9..~.~._..~~."."'r ~'.V.'... ~. ...f:'M .~~ ""-"~~..'..'L.. - l:', '31 1"M 1 Sflt't' !;; I ., , . , !It . . i' , 'Hi,;; '~;.'\,~f' /"inTL..' ~Ji< ! !Vij;-i' ")fL)L1Hl ,X.)} "-.../ ~.....__ t;,,~ .~u"u U "'_/~."_,.t; ., -- .. ~~.~..., 0~ 43 5705281261 SCH CO PROTHONOTARy PAC;,.'E \1:;'/02 " ~":I IN THE COURT OF COMMON PLEAS OFSCHUYLKlLL COUNTY JENNIFER ANN GOETZ Plaintiff No. S-2214-2002 vs. DARRELL SCOTT TOWSLEY Defendant rRAECIPE FOR CERTIFI~ATION .. PROTHONQ1:ARY FORM 205.2(b) TO~ PETER J. SYMONS, PROTHONOTARY: Transmit the attached filing to the Court AdmiIlistratot for Assignment to a Judge. The nature of the filing and requested action is as fonows: JUlY Trial.. (Complete Certificate of Readiness.) . Non-Jury Trial - Any matter dispositive of the case e.g.~ ( ) Equity Actions; () Tax Appeals; ( ) Sumtnal'Y Appeals; () Name Change Actions; () Pemwtent Injunctions; () Other (specify) I estimate it will require _hours to present the plaintiff'sldefendanfs case and I will present only the following witnesses for testimony: xxx Petition pursuant to Pa.R.C.P. 206.1 requesting ( ) Issuance of Rule to Show Cause; () Tnmsfer to Court for disposition, no answer having been filed; ( ) Transfer to Court for disposition, contested matter and fact finding complete I or unnccessatY; o Other EMERGENCY PETITION (specify) Issue that can be decided OD the record and briefs, being: () Gov't Appeal; ( ) Exceptions; ( ) Jud~t on tIre Pleadings; () Summary Judgment; ( ) Other (specify) Issue that can be assigned for iIm:nediate actiOIltbeing: ( ) Stipulation; ( ) Uncontested Motion; () Motion for Appointment; ( ) Quiet Title Motion; , Other (specify) . , 06J0411fd6 88:43 ., ~ 5706281251 SOH CO PROTHONOTARY Contested Motion {Memo attached)l being: ( ) Disco'V'ezy Motion; o Other (specifY) ( ) Transmit to Custody Officer. Reason: I ' (1fhearing is required, complete the time and wi~ess portion of this fonn.) Hearing r~uitedlrequested: Reason for Hearing~ ( ) Special Relief; () Contempt Petition; () Preliminary Injunctions; () Other (specify) I estimate it will require ~ hours to present the plaintiffs/defendant's case and I will present only tbe following witnesses for testimony: Dat~(o1 t/ 1" For Defendant: ~'/ fur Pla' tiff Shana M. Pugh, Esq. For Plaintiff: Shana M. Pugh, Esq. Notice: In matters requiring a non-Jury trial or hearing opposing counsel is required to submit a report in WRITING to the COUtt Administrator within 10 days, (1) listing the names of the witnesses they will use at heariDg; and, (2) an estimate of time required to present their case. RlWised 711.2104 'PAGE 02/0L 1"'"""'\ . k:')(hi bit E - ..... JENNIFER ANN GOETZ, Plaintiff : IN THE COURT OF COMMON PLEAS :OFSCHUYL~LCOUNTY v. : NO. S-2214-2002 ,,....,. <=:;) g;; (p C"_ (':)" = :s: :::0 z C: (;;) ~ ~o~ (.D :::i ~ -no (Q--":Z:: r-o -0 2 r- <:) .... :::3 om., ~ :::0 -<. --< "0 cJ) a )> ORnRR N ~~ AND NOW, this --1!L.. day of .,.------- 2006, it is hereby Ordered and Decreed that the Plaintiff, Jennifer Ann Goetz, is awarded temporary, physical custody of the parties' minor children, DARRELL SCOTT TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY N Cassandra Towsley and Shawn Towsley, and Defendant, Darrell Scott Towsley's visitation periods are currently suspended, which award of custody is to be superseded by judicial approval of a recommended order of the custody conciliator and the third party counselor lifts the restriction on contact. BY THE COURT: ~9'T. , {J _nLlA "IJ, ~...-I- \~ ~ . ~ ~ lv \ ~ ~ \\'- \S\. r'",' lJ ~ - '" - "'\1 -,.... -,."'~ ~-;" ~. JENNIFER ANN GOETZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 06-4041 CIVIL ACTION LAW DARRELL SCOTT TOWSLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq, , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, AUKust 24, 2006 at 12:30 PM 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 hearinl!;, FOR THE COURT. By: Isl Melissa P. Greevy. 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 belore the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 Bedlord Street Carlisle, Pennsylvania 170 I 3 Telephone (7 I 7) 249-3166 ~~$ ~~~.~ I4J 1rJ.~~L. _-*$ ~ ~ /j(l-$e'-t.. I"i1 fp' 'I ~ '4J..pr; "V,~'L 1'1 (')"J' '::.,: It:> <\',. ,)~.J ,. RECEIVED AUG 2 !\ 2006 v. : IN THE COURT OF COMM : OF CUMBERLAND COUNTY, PENNSYL : NO, 06-4041 JENNIFER ANN GOETZ, Plaintiff DARRELL SCOTI TOWSLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY STIPULATED ORDER FOR CUSTODY AND NOW, this :J:;" day of ---f\,~~" t t- ,2006, this Order being entered as a result of a Stipulation by the parties, the matter was before the Court of Common Pleas of Cumberland County on Mother's Petition to Modify Custody, in which she was seeking to continue sole legal custody and primary physical custody of Cassandra N, Towsley, born August 8,1991, and Shawn p, Towsley, born June 2,1994, BACKGROUND OF THE CASE A Stipulation for Custody was entered in Schuylkill County granting Mother sole legal custody and primary physical custody, and granting Father partial physical custody, The case has since been transferred to Cumberland County on Mother's Petition to Transfer Venue, The parties have reached an agreement which they feel is in the best interests of their children, Cassandra and Shawn Towsley, LEGAL CUSTODY Pursuant to agreement of the parties, the Court hereby continues the award of sole legal custody to Mother. Sole legal custody means the right of Mother to exercise parental control over . and make major decisions for the benefit of the children, including, but not limited to, medical and religious decisions, without the necessity of obtaining the agreement of any other party, SCHEDULE OF PHYSICAL CUSTODY The Mother shall retain primary physical custody of the children subject to Father's exercise of partial physical custody as follows: I. Father shall have physical custody of the children once per month for a period oftime that is mutually agreed upon by the parties. 2, Father agrees that he will provide Mother with seven (7) days notice prior to exercising his custodial period. 3, All periods of custody will be in the State of Pennsylvania unless otherwise agreed upon by the parties, 4, The parties agree that Daniel Fisher will not be present for any of Father's custodial periods and Daniel Fisher will not have any contact or communication with the children, 5. The parties agree that no communication regarding the children's welfare or custodial periods will be through a third party, 6, Additional periods of custody may be arranged by mutual agreement of the parties. 7, Transportation will be agreed upon by the parties, MODIFICATION OF ORDER The parties are free to modify the terms of this Order but to do so, both parties must be in complete agreement to any new terms, That means both parties must consent to what the new term(s) of the custody arrangement or schedule shall be, In the event that one or another does not consent to a change, that does not mean each follows what is thought the new arrangements should be. The reason this Court Order is set out in detail is so all parties have it to refer to and to govern the relationships with the children and with each other in the event of a disagreement. WELFARE OF CHILDREN TO BE CONSIDERED The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully to and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues, COMMUNICATION Both parties are expected to use common sense in scheduling telephone calls to talk to the children, Neither party shall allow a third party to intercept, listen to, or otherwise interfere with any communication (electronic, telephonic, or otherwise) between the parents and children, ~" DISPARAGING REMARKS Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party, Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, or injure a child's opinion of the other party which may hamper the free and natural development of a child's love and respect for the other parent. EXCHANGE OF INFORMATION Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and the custody schedule. SMOKE/ALCOHOL/ILLICIT SUBSTANCES Neither party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confmed area with the children present. No party shall drink alcoholic beverages or consume illegal substances when in the presence of the children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. :1 A copy of this Order shall be provided to both parties, BY THE COURT, ], Stipulated to by: (~~,~ Witness /In .101 VI tl, fio-4 P,.I~Dl.o ~ifer A. Goetz date J.L ~ Witness 4dt~L. Darrell S, Towsley 16-~/-()6 date o . ~. '"-'ie. ?r~l" -:~. . < 'do,'" 01- -'~~ ~. ~~~:", ~~~ '~~( ~{ "- VINV^l,\~.NtJ?d )JNnCO 'i,'''~ :::_:8~'Hl:) 68 :8 Wd 08 ~nv 90nZ J"VI"....,' I"'" " 3'" "0 AO uj'~\.,:h."'"~DO IU. ~ :r]\:!:'!O~G311.:! ~ ~ :<'" c- c.';;;' N <.P ~ -I ";f,:!l. -o\J:.1 "jJY ~?\ ~~~ ',...-"1"'.' ".:-,?Z') ,,--')in :.:.. '20 :< ~ -'" - (;:! :;:" C' Plaintiff OCT l ~ zo~ /.li&- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4041 CIVIL TERM JENNIFER ANN GOETZ, v. CIVIL ACTION - LAW DARRELL SCOTT TOWSLEY, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 1.f!!ctay of {}t~ 2006, counsel for the parties having requested a thirty (30) day continuance on August 30, 2006, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. BY: Melissa Peel Greevy, Esquire Custody Conciliator :284487 C 11 : I ,!,Itl L " f""O C10Z -~. t'" 'J L~~ JUl; 3Hl :/0 :_{)',"() 'Ci::JlI:l