HomeMy WebLinkAbout94-02791
;~
,
.
f<
~
'["
~
"-
I~
-
. ~
;",
'"""
-.r . \.:.) ~ ,..
r.n .~ ~
~ ,; ~t a-
~ ;to
_41 Cl
,- - -
In . rI
t.':') ~ , 1t-
'" 1-
,., ~\ , ~ .
1""0' . j
~ . IV)
., Q
.' ' 'J-
~
~I m -I ~ tl
'+-l .jJ 5~g
! .~ ~ ~ ~ I~ 8 = ~ I
I~ . I~
~ ~ I a: ~ u ~ ~
~ !~ I~ ~;!I
.
~ . I
~ ~O\ H
~ ~
~ 2
~.
. .
_ il~\--""
. MAl. ;,: ,j 1~i:J4
SCOTT M. GOTTHARD, I IN TilE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I NO. 94- ;;l.7'1/
TONYA L. GOTTIIARD, I CIVIL TERM
Defendant I
I
ORDBR or COURT
AND NOW, this 25 tI. day of yU, '1
, 1994, upon
complaint of Plaintiff and upon Agreement of the parties, the
attached stipulation and Agreement is hereby made an Order of
Court, and all prior orders, if any, on this matter are hereby
vacated.
BY TilE COURT:
/!
,
(cl-wtv1~ .~f', [..,3.
_ __",.,.,...".."n'W:.'f
@
.' .....,.,
'.. ", :. ,','.~. -- .,",: ""C ~t
M, t ,JlI,~d..H.1J ..4.J.:d' -';
I
t
,-"-,--",,,~~~---""=-'.'.'.
"
I
)li:::La.
t_~\c,,>jl<
":~'t-,,
'\~~
~,;:.~
,>:~,,~~
\ ::~
,
",
, .
..
-
,_....
-,-,.".
..." j
.
"'~i\,.fty:;;t~
_f,,:~~~:.,_( I
r
SCOTT M. GOTTHARD, I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. CIVIL ACTION - LAW
TONYA L. GOTTHARD, NO. 94- CIVIL TERM
Defendant
COMPLAINT FOR CUSTODY. PARTIAL CUSTODY AND VISITATION
AND NOW COMES the Plaintiff, Scott M. Gotthard, by and
through his attorneys, Landis, Black & Schorpp, who avers the
following:
1. The Plaintiff is Scott M. Gotthard, residing at One
South Baltimore Avenue, Apartment 2, Mount Holly springs,
Cumberland County, Pennsylvania 17065.
2. The Defendant is Tanya L. Gotthard, who resides at c/o
Mike Nelson, 32 South Hanover street, Third Floor, carlisle,
Cumberland county, Pennsylvania 17013.
3. Plaintiff seeks custody and desires to establish
certain visitation rights for the following child:
Rachel M. Gotthard
One South Baltimore Avenue
Mount Holly springs, PA 17007
4. The child was not born out of wedlock.
Age:
2 years
(2/29/92)
5. The child is presently in the custody of Plaintiff, who
resides as aforesaid.
6. During her lifetime, the child has resided as follows:
a. From birth to November, 1992, with both natural
parents at 24 South Hanover Street, carlisle,
Pennsylvania/
b, From November, 1992, through March, 1993, with
both natural parents at 110 south Hanover street,
carlisle, Pennsylvania/
o. From March, 1993, to August, 1993, with the
paternal grandparents at 27 Clover Lane,
Mechanicsburg, Pennsylvania/
d, From August, 1993, through May 1, 1994, with both
natural parents at One South Baltimore Avenue,
Mount Holly Springs, Pennsylvania/ and
e. From May 1, 1994, through the present, with
Plaintiff at One south Baltimore Avenue, Mount
Holly springs, Pennsylvania.
7. The mother of the child is Defendant Tonya L. Gotthard,
who resides as aforesaid, and is married to the Plaintiff.
B. Plaintiff is the father of the child, resides as
aforesaid, and is married to the Defendant.
9. Plaintiff is the father of the child and resides with
no one other than the child.
10. The Defendant is the mother of the child and, to the
best of Plaintiff's knowledge, resides with her father.
11. Plaintiff has not participated as a party or a witness,
or in another capacity, in other litigation concerning the
custody of the child in this or any other court. Further,
Plaintiff has no information of any custody proceedings
concerning the child pending in any court of this Commonwealth.
12. Plaintiff does not know of any other person not a party
to the proceedings who has physical custody of the child or
claims to have custody or visitation rights with respect to the
child.
13. The best interest and permanent welfare of the child
will be served by granting the relief requested because Plaintiff
desires to have full custody to stabilize tho child's home
environment and he is best suited to nurture the child.
14. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action. There are no
other persons known to Plaintiff who should receive notice of the
pendency of this action.
15. There is attached hereto, marked Exhibit "A," and
incorporated herein, a Stipulation entered into between the
parties providing for all custody, partial custody and visitation
rights.
WHEREFORE, Plaintiff requests the Court to grant custody of
the child to Plaintiff and establish the visitation rights set
forth in Exhibit "A."
LANDIS, BLACK & SCHORPP
.y,~<~
Edward L. schorpp, sq.
Attorney for Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SCOTT M. GOTTHARD,
Plaintiff
TONYA L. GOTTHARD,
Defendant
NO. 94-
CIVIL TERM
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between TONYA L. GOTTHARD
(hereinafter referred to as "MOTHER") and SCOTT M. GOTTHARD
(hereinafter referred to as "FATHER").
WHEREAS, the parties wish to enter into an agreement
relative to custody and partial custody of the child, RACHEL M
GOTTHARD, born February 29, 19921
NOW, THEREFORE, in consideration of the mutual covenants,
promises and agreements as hereinafter set forth, the parties
agree as follows:
1. The parties will have shared or joint legal custody of
the child, meaning the parties shall confer with each other on
all matters of importance relating to the child's health,
welfare, maintenance and education with a view toward obtaining
and following a harmonious policy of the child's best interest.
Each party shall keep the other informed of the progress of the
child's education and social adjustments.
2. FATHER shall have physical custody of the child at all
times.
3. MOTHER shall have the right to restricted visitation
with the child to take place solely in FATHER'S home at anytime
between the hours of 1:00 p.m. to 6:00 p.m. on Monday, Wednesday
and Friday of each week and during the same hours on the second
Saturday or sunday of every month, the exact day to be mutually
agreed upon by the parties.
4. MOTHER shall have visitation at such other times as the
parties shall mutually agree.
5. The parties will keep each other advised immediately in
the event of serious illness or medical emergency concerning the
child and shall further take any necessary steps to ensure that
the health and well being of the child is protected. During such
illness or medical emergency, both parties shall have the right
to visit the child as often as he or she desires consistent with
the proper medical care of the child.
6. Neither parent shall do anything which may estrange the
child from the other party, or injure the opinion of the child as
to the other party, or which may hamper the free and natural
development of the child's love or affection for the other party.
7. Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
only if executed with the same formality as this stipulation and
Agreement.
8. The parties desire that this stipulation and Agreement
be made an Order of Court of the Court of Common Pleas of
2
~ ('\/
~f; ;;; t:
( _. ,.I...
...,' ;'1- (),'I'"}
t~ t't~ '-..:;:
II-' I):"
ltll; N :.::J
'1. r:' . .!!.
r.... t:"~':" /'J
/j. I. ~"L
o ,.... !"1.:
(/. . )
()
~
~ I ~
~
i ,!I ~ l:!
~ ~ IS
u :S
n II [!j ~ ~ ~ i
~II~
I
! ~~ OU~:Z
. ~ ;S :t 15
~ ~ I>- :s III ~ 0.
iii . ~ lil ~
..:l o :!l ~
I!l ~i ~ ! Z 6
;S
, .
the Order of Court.
5. The parties are presently abiding by said Order of Court dated May 25,
1994, and tbe child continues to reside with Plaintiff at One Soutb Baltimore Avenue,
Mount Holly Springs, Pennsylvania 17065.
6. Plaintiff is the father of the child.
7. Plaintiff will be leaving the Cumberland County area for an extended
period of time, and the parties desire to provide for the custody of, and visitation with, the
child during tbe period of father's absence.
8. There is ollached hereto, marked Exhibit "n" and incorporated herein, a
Stipulation entered into between the parties providing for the paternal grandmother,
Constance M. Mollios, and her husband, Nickolas J. Mollios, to assume and hold the
custody rights of FATHER during his period of absence; in effcct, said grandparents ore
assuming the rights and obligations of FATHER undcr thc prior agreement.
9. The said paternal grandmother, Constance M. Mallios, and her husband,
Nickolas J. Mollios, reside at 27 Clover Lone, Mechonicsburg, Cumberland County,
Pennsylvania 17055.
10. Pursuant to said Stipulation and Agreement allnched hereto 8S Exhibit "S",
jurisdiction over the child sholl remain with the Court of COllllllon Pleas of Cumberland
County.
WIIEREFORE, Plaintiff requests the Court to grant custody of the child to
.'
MAY 2 4 199.
, (,\J"..
B CO'I"1' M, GO'I"I'II/\IlD, , III '1'1111: coUIlT 01" COMMON PLI1:/\B 01"
Plnintif f , CUMUEIlLllllD COUII'I'Y, PEIIIIB Y LV/\II 1/\
,
v. , CIVIL /\C'I'IOII - LlIW
,
'l'OIlY /\ L. GO'1"1'II/\IlD, , 110. 94-~"9\ CIVIL 'I'EIlM
DefendBnt I
,
ORDBR OF counT
/\tlD 1l0W, thls Ol..5W day of ""'('Y\ .....J~
I 1994, upon
complainl: of Plaintiff nnd upon /\greemenl: of the parties, the
al:l:ached st:ipulol:lon and /\greument iB hereby made an order of
court, and all pdor orders, if any, on this mnl:l:er ore hereby
vacated.
DY '1'1111: COUIl'I',
.~
~,W~..~.~,
J.
L~ /' . r..
(d':',,~,l,'(';U \Jt!/l.(!1/fJ~"z.
TRUE COPY FROM RECORD
In TeRUnlOny whnrnol, I hem witt) soll1lY hand
aOlt Iho 80111 0( said Court at Catll~, Pa.
This ;1.5:J).... day' OI.i21~_" 19_ '- ~ _
~ lk. .~
[j f'1a.' Prolhonolary
Exhibit A
SC01"l' M. GOTTIIARD, I IN 'rilE COUR'l' OF COMMON PLEAS OF
PlaintH f I CUMBERLAND COUNTY, PENNSYLVANIA
,
I
v. I CIVIL AC'l'ION - LAW
I
'I'ONYA L. GO'l"I'IIARD, I NO. 94- CIVIL 'l'ERM
Defendant I
l
COHPL~INT FOR CUBTODY. PARTIAL CUSTODY AND VIOITATION
AND NOW COMES the Plaintiff, Scott M. Gotthard, by and
through his attorneys, Landis, Black & Schorpp, who avers the
followingl
1. 'l'he Plaintirr is Scott M. Gol:l:hard, residing at One
south Baltimore Avenue, Apartment 2, Mount lIolly springs,
Cumberland county, Pennsylvania 17065.
2. 'l'he Defendant is 1'onya L. Gotthard, who resides at c/o
Mike Nelson, 32 South Hanover street, 'l'hlrd Floor, Carlisle,
Cumberland county, Pennsylvania 1701J.
J. Plaintiff seeks custody and desires to establish
certain visitation rights (or the (allowing childl
Rachel M. Gotthnrd
One South Ilaltlmore Avenue
MOllnt lIo11y springs, PA 17007
Agel
2 years
(2/29/92)
4. 'l'he child was not born out of wedlock.
5. 'l'he chlld is presently in the custody of Plaintiff, who
resides as aforesaid.
6. During her. !ifetlme, the chlld has resided as followsl
R. From birth to November, 1992, with both natural
pnrents at 24 South IInnover Street, Carlisle,
Pennsy I W\n 10 I
b. F'l'om November, 1992, through Harch, 1993, with
both natural parents at 110 South lIanover street,
Carlislo, ponnsylvAniar
c. From Harch, 1993, to August, 1993, with the
paternnl grallllparento at 27 clover Lane,
Hechonicsburg, pennsy1vaniar
d. From August, 1993, through May 1, 1994, with both
natural parents at One south Da1timore Avenue,
Hount 1I011y springs, Pennsylvania rand
o. From MaY 1, 1994, through the present, with
P1ainti[[ at One south Do1timore Avenue, Mount
1I011y flpringn, Pennsylvania.
'I. 'rhe mother o[ the child is lJe[endant Tonya L. Gotthord,
who residen as a[oresaid, and is marded to the PlalnU[C.
O. 1'1/1 i nU [[ is the [ather o[ the child, resides as
aforesaid, and is married to the lJe[endant.
9. PlalnUrr in the father of thl! child and resides with
no one other than the child.
10. 1'ho lJe[endont ill the mother o[ the child and, to the
bent o[ P1ainti[f's knowledge, resides with her father.
11. I'lainti[[ han not pnrUclpated as a party or a witness,
Ol" in anothor capac1 ty, I n other 1 J tigation concerning ths
custody of the child In I:hln or any other court. Further,
Plaintiff has no information of any custody proceedings
concerning the child pending in any court o[ this commonwealth.
12. Plaintiff does not know of any other perso~ not a party
to the proceedings who has physical custody oC the child or
claims to hove custody or visitation rights w1t:h respect to the
child.
1J. The best interest and permanent welCare of the child
will be served by granting the relief requested because Plaintiff
desires to hove Cull custody to stabilize the child's home
environment and he is best suited to nurture the child.
14. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named os parties to this action. 'l'here are no
other persons known to Plaintirr who should receive notice of the
pendency oC this action.
15. 'l'here is attached hereto, marked Exhibit "A," and
incorporated herein, 1\ Stipulation enteL"ed into between the
parties providing for all custody, partinl custody and visitation
rights.
WIIEREFORE, Plaintl rr n~qu[!stn the Court to grant custody of
the child to Plaintiff ami estnblish the v is1t:ation rights set
forth in Exhibit "A."
LlItlDIS, IlI..!ICK & SCIIORPP
n~~5g/
Edwnnl IJ. Schorpp, Esq.
Attorney for Plaintiff
v.
I
I
I
I
I
I
I
I
IN 'l'IIE COUR'!' OF COMMON PLEM OF
CUHDERLnND COUNTY, PENNSYLVANIA
CIVIL ACTION - LnW
SCOTT H. GO'l'TJlARD,
PlainHff
'!'ONYA I,. GO'!"1'IIARI>,
I>efendant
tlO. 94-
CIVIL '1'IIRH
CUSTODY STIPUL~TION nND nUREEHENT
'l'IIIS AGREEHEN'l' AND S'l'!PUI,^'1'ION entel'ed into the day and year
hereinafter set forth, by and between '1'OIlYA L. GO'1"!'JlARD
(hereinafter referred to os "HO'1'IIER") and SCO'i''l' H. GO'1''l'IlARO
(hereinafter referred to as "pA'1'lmR").
WHEREAS, the parties wioh to enter into an agreement
relative to custody and partinl custody of the child, Rl\CHEL H
GO'l"fIlI\RD, born Februnry 29, 1992/
NOW, 'l'IIEREFORE, in consideration of the mutual covenants,
promises and agreemento nR hereinafter Det forth, the parHes
agree as folloWSl
1. The parties will have shol'ed or joint legal custody of
the child, meaning the partiC!l shall confer wilh each oUler on
all matters of importance rela\:ing \;0 the child's health,
welfare, maintenance and ~ducotion with n view toward obtaining
ami following 0 harmonious pollcy of \;ho chilli's best interest.
Each party shall I:eep the other informod or the progress of the
child's educaHon and social adjustmon\;s.
2. FATJlER shall have physical custody of the child at:. all
Hmes.
.
J. M01'1lF.:R shall have the right to restricted visitation
with the child to toke plooe solely in FA'1'IlER's home nt anytime
between the hours of 1100 p.m. to 6100 p.m. on Monday, Wednosday
and Friday of eooh week nnd during the snme hours on the second
Saturdny or sunday of every month, the exoot dAY to be mutually
agreed upon by the pnrl:1ea.
4. MO'1'IIER shAll have visitAllon at such other times as the
parties shAll mutunlly Agree.
5. '1'he parties will keep eAch other Advised immediately in
the event of serious illness or medical emergency concerning the
child and shall further toke any necessary steps to ensut'e that
the health and well being o[ the child is protected. During suoh
illness or medical emergency, both porties shall have the right
to visit the child ns orten 08 he ot' she desires consistent with
the proper medicnl care o[ the child.
6. Neither parent shnll do Anything which mny estrange the
child [rom the other pnrty, or injure the opinion of the child as
to the other party, or which mny hm"per the free and natural
development o[ the chil d's lovo or n [[ection for the other party.
7. I\ny modificntion or WAiver o[ nny o[ the provisions of
this I\greement sholl be e[[entivo only if made in writing and
only if executod with \:he O[1mo fnrmnll\:y AO this stipulation and
Agreement:.
8. 'l'he pArties desire thAt this stipulAtion and Agreement
be mAde an Order o[ Court of the court of Common Plens of
2
cumberland County and further acknowledge that the court of
Common Pleas of cumberlallll county does, in fact, have
jurisdiction over the issue of custody of Ute parties' minor
child and sholl retain such jurlndiction, should circumstances
chnnge and either party desire or require modification of said
Order.
9. The parties agree that in making this Agreement, there
has been no fraud, concealment, overreaching, ceercion or other
unfair dealing on the part of the other.
10. 'fhe parties acknowledge that they have read and
understand the provisions of thin Agreement. I~ach party
acknowledges that the Agreement in fair and equitable and that it
is not the result of any duress or undue influence.
IN WI'fllESS WlllmEOF, the parties hereto intending to be
legally bound by the terms hel'eof, set forth their hands and
seals the day and year herein mcntloncd.
WITNESS I
~I ~NDt19 /R Rov...-.1
Ilatel .s:-.2g-7~ Is/:=:;;".,. #1.~~?J;)
Deott H. Gotthard
Ii 4AK.W .A? If&,yA'?
Uatel s:.:<3-9'1 ~~rAJ...(' ~.r...J.N?D
Tonya L. Gotthard
3
. ,
. I
. ,
custody Wld visitation rights for the minor child during the period of time that FATHER
is absent from the area; and
WHEREAS, 011 oflhe parties desire to obtain on Order of Court selling forth the
tenns of this Custody Stipulation and Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements as hereinafter set forth, the parties agree os follows:
1. The parties hereto agree that all of the rights and obligations of FATHER,
as set forth in the prior Custody Stipulation and Agreement dated May 23, 1994, shall
hereby accrue to and be assumed by GRANDPARENTS. Any reference to "FATHER"
in said prior Agreement shall hereafter be deemed to refer to GRANDPARENTS.
2. In 011 other respects, the said Custody Stipulation and Agreement dated
May 23, 1994, shall remain in full force and effect and ore reoffinned by FATHER and
MOTHER hereby.
3. Any modification or waiver orony of the provisions of this Agreement shall
be effective only if mode in writing and only if executed with Ihe same fonnality as this
Stipulation and Agreement.
4. The parties desire that this Stipulation and Agreement be made an Order of
Court of the COUli of Conlin on Pleas of Cumberland County and further acknowledge
that the Court of Common Pleas of Cumberland Counly does have jurisdiction over the
minor child and sholl retain such jurisdiction, should circumstances change and either
'.
[.; _"1'
...~ ('I'
IJJ!
l,l.
I':!
,J, i':"
'I'
fl.
,.oj
L:"
~., ;
r_',
.
l"':
I
(j ,....
,)'I - J
(..J
:\...
@j
I I ll.
ll.
1,1 ~ tQ
g t; g
II II u ~ ~
@j ~ i!l 13 '" ;Z;
E ~ ~ ~
I
I ~ , o U ~ ~
to ~ ~ ~ ~
~ ~I III . ~ 51 ~
~
~ ! ~ ~ ~
;S
,
, '
If'
,.: "UL 1 r.
'v .;) 1997
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2791 CIVIL TERM
SCOTI M. GOTIHARD,
Plaintiff
TONY A L. GOTIHARD,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached complaint, it is hereby directed
that the parties and their respective counsel appear before l1-)\. In -s, , ..s,J"\c~
_t:::~,\.) \ ('C'" _ , the conciliator, at ~HC\in.~t. j \'\r( Iyrw.\h. r<j_ on the -
do dayof S\ph.,.y\ber ,1997,ot_1 :()O p.m., fora
Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve
the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to
be heard by the Court, and to enter into a temporary order. Failure to appear at the
conference may provide grounds for entry of a temporary or pennanent order.
By the Court,
C-tflllli\. .tA ~J mrlC\l~
Custody Conciliator (Ib) .
You SHOULD TAKE THIS PAPER TO YOUR LAYER AT ONCE. IFYOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, 4th Floor
Cumberland County COUl1house
Carlisle, Pennsylvania 17013
Telephone Number: (717) 240-6200
SCOTI M. GOTIHARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94.2791 CIVIL TERM
TONY A L. GOTTHARD,
Defendant
CUSTODY
COMP~,AINT FOR CUSTODY
1. The Plaintiff is Scott M. Gotthard, residing at 24 South Hanover Street,
Apartment #3, Carlisle, Pennsylvania 17013.
2. The Defendant is Tonya L. Gotthard, residing lit One South Baltimore
Street, Apartment #2, Mount Holly Springs, Pennsylvania 17065.
3. Plaintiff seeks sole custody of the following child:
NAME PRESENT ADDRESS
Paris K. Gotthard
One South Baltimore Street
Apartment 112
Mount Holly Springs, Pennsylvania 17065
The child was not born out of wedlock.
The child is presently in the custody of Scott M. Gotthard, who resides at 24 South
Hanover Street, Apartment 113, Carlisle, Pennsylvania 17013.
During the past five years, the child has resided with the following persons and at
the following addresses:
AGE
2
(DaB: 2/23/95)
LIST ALL PERSONS ADDRESSES DATES
Tonya L. Gotthard One South llaltimore Street 10/96 to Present
Mount Holly Springs, PA
Tonya L. Gotthard 23 East High Street July-August, 1996
and Donald Decker Newville, PA
Tonya L. Gotthard Eight Spruce Lane August-September,
and Tara L. Nelson York, PA 1996
Tonya L. Gotthard 328 North Baltimore Avenue June, 1996
and Lori and Jim Data Mount Holly Springs, PA
TIle mother of the child is Tonya L. Gotthard, currently residing at One South
Baltimorc Strect, Apartment #2, Mount Holly Springs, Pennsylvania 17065.
She is divorced.
The father of the child is Scott M. Gotthard, currently residing at 24 South
Hanover Street, Apartment #3, Carlisle, Pennsylvania 17013.
He is divorced.
4. The relationship of Plaintiff to the child is father. The Plllintiff currently
resides with:
~
Karen L. Merisotis
RELATIONSHIP
None
5. TIle relationship of Defendant to the child is mother. The Defendant
currently reside~ with:
NAM~
Brian Harmon
Karen Stump
Andrea Nelson
RELATIONSHIP
Boyfriend
Friend
Sister
6. Plaintiff has not participated as a pal1y or witness, or in another capacity, in
other litigation concerning the custody of this minor child in this or another court. TIle
parties have participated in other court proceedings concerning the custody of their other
minor child, Rachel M. Gotthard, which proceedings are docketed to the above number
and tenn.
Plaintiff has no infonnlltion of a custody proceeding concerning the child pending
in a court of this Communwelllth. The cOlu1, tenn and number, and its relationship to this
action is: N/A.
Plaintiff does not know of a person not a pll11y to the proceedings who has
- 2-
physical custody of the child or claims to have custody or visitation rights with respect to
the child. The name and address of such person is: N/A.
7. The best interest and pernlanent welfare of the child will be served by
granting the relief requested because: Defendant has not heretofore provided a proper
physical, emotional, and nurturing environment for the child and, has, in fact, placed the
child in an environment unsuitable for the child to prosper. Defendant has been
neglectful in the performance of parental duties and obligations. Placement of the child
in the full custody of Plaintiff will reunite the child with her sister, Rachel M. Gotthard,
who is currently in the custody of the maternal grandmother and Plaintiff.
8. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties to this
action. All other persons, named below, who arc known to have or claim a right to
custody or visitation of the child will be given notice of the pendency ofthis action and
the right to intervene:
NAME
NIA
ADDRESS
BASIS OF CLAIM
WIIEREFORE, Plaintiff requests this Court to grant sole custody of the child to
the Plaintiff.
Date: t./&A::.Y /f I ?:J?
Respectfully submitted,
~~~
Edward L. Schorpp, 'squire
Attomeys for Plaintiff
Landis, mack & Schorpp
36 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-3727
.3.
3. The mother and father agree that e8ch shall notify the
other of all medical care the child receive while in that
parent's care. Each parent shall notify the other immediately of
medical emergencies which arise while the child is in that
parent's care.
4. The mother and tather agree that neither parent shall
take the child out of state.
5. The mother and father agree to keep each other informed
of their addresses and phone numbers.
6. The parties realize that their child's well being is
paramount to any differences they might have between themselves.
Therefore, they agree that neither party shall do anything which
may estrange the child from the other parent, or injure the
opinion of the child as to the other parent or which may hamper
the free and natural development of the child's love or respect
for the other parent.
7. Th i s Order sha 11 rema i n in effect unt 11 furt her Order
of Court after a conciliation conference.
WHEREFORE, the parties request that an Order of Court be
entered to reflect ~le above
:' ../~_ ~'_'d' ____.
..-----.-.-Z----...... "_d .. -- ..
Scott~....uotthard, P aintiff
~~~~
- d _ .. ""\' . __ ..
Edward L. Schorpp
Attorney for Plaintiff
LANDIS, BLACK, AND SCHORPP
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
terms. I
\ .._\L\-.:J. -}k-\j~liLL__
Tanya L.1GOtthard, Defendant
(,~b 'r:{jf, ,<c., . /
Attorney for D~nd~nt
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
"i..' ..-', - ....;.~_.-A',,:- 'i4II' '-.;'" "-,_'r; - ,"3,' ,^.. ,.. .
""N'l~,'''' '>>4(,>1'. ,j;~;.1lt~"c~;'4l~'"
""01#.... ; re. . ,'....; ~lF~..' . ,,(l:lit'!j -
.
@
AlEJ}{)ffiCE
OF THF. Pf10THONOTMY
97AlIO 15 Pit ~l '9
CUMBEF,Uv!tl (; OUNlY
PENNSYL.Ii'N fA
i,
...
." ,
;,'
... ,
~~
I'
'i,
'-1\ ~~...t B I ;l.o/f'l.
..g 1'.
f''.
;,::, .. "~..f'- . .
iI I
,I
I'
. l
..
-
. t .. 'I' ~.
~:- .'~ ,~,~-
,-
SCOTT M. GOTTHARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 94-2791
CIVIL TERM
TONYA L. NELSON,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have
willfully disobeyed an order of court for custody.
If you wish to defend agsinst the claim set forth in the following
pages, you may but are not required to file in writing with the court your
defenses or objections.
Whether or not you file in writing with the court your defenses or
objections, you must appear in person before i (~,I--\
conciliator, at 1] \~ \'~1\', \:.A 'I \\'\'111\,d)(',hn the
j(l\.)('\\'/_, 199', at ~\.m., for a Conciliation
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY
'~~~'\\~l/~'
,:) day of
the
Conference.
ISSUE A WARRANT FOR YOUR
ARREST. Furthermore, failure to appear at the conference may provide grounds
for entry of a temporary or permanent order.
If the court finds that you have willfully fsiled to comply with its
order for custody, you may be found in contempt of court and committed to
jail, fined or both.
Ry the Court,
r \ \. r\ '
nmi\ ~1\"./\l1l\ \'\1 ~ I~~h
Custody Conciliator r \ 1:), \
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Datel \ \ \ .:.... '--; LIt:,
COURT ADMINISTRATOR, 3rd FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER, (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information
about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our
office. All arrangemente muet be made at leaet 72 houre prior to any hearing
or busineee before the court. You muet attend the scheduled conference or
hearing.
SCOTT M. GOTTHARD, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I NO. 94-2791 CIVIL TERM
I
TONYA L. NELSON I CIVIL ACTION - LAW
(formerly GOTTHARD) , I IN CUSTODY
Defendant I
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER
The petitioner, Tonya L. Nelson (formerly Tonya L.
Gotthard), by and through her attorney, Joan carey of Legal
Services, Inc., represents the following:
1. The plaintiff, Scott M. Gotthard, hereinafter referred to
as the father, resides at 1 South Baltimore Avenue, Apartment 1,
Mount Holly springs, Pennsylvania 17065.
2. The defendant, Tonya Nelson, hereinafter referred to as the
mother, resides at B Spruce Lane, Manchester, Ponnsylvania 17345.
3. The parties are the parents of Paris K. Gotthard, DOB
2/23/95.
4. On September 16, 1997, an Order of Court was filed in the
above-captioned matter regarding the custody of Paris K. Gotthard
by the father. See Order attached as Exhibit A and incorporated
herein by reference. This order grants the mother shared physical
and legal custody of the child including approximately 4 days and
3 overnights each week.
5. The father has willfully violated this Order of Court and
should be held in contempt for reasons including:
a. since approximately October 1997, the father has
refused to permit the mother to have the child according
..,...,- .
.'
,
.,
VS.
r IN 'l'HE CXXJRT C6' CXX1/'ICfi PLEAS or
e CDmERLAND CXXN1'X, PEmSYL VANIA
e
e NO. 94-2791 CIVIL TERM
SCJ:Jrr M, a:7l"l'IIARD,
Plaintiff
.
.
TOOYA L. GJrrHARD,
Defendant
: CIVIL ACTION - LAW
: IN CUS'rollY
CIUlIlR (R CDJRr
AND 1UI, this 1/1) -:tJ. day of
upon consideration of the attached CWltody
ordered and directed u follows:
1. The FathE', Scott M. Gott:hardi"""ind the Mother, Tonya L.
Gotthard, Ilhall have shared legal custody of parill K. Gotthard, born
February 23, 1995.
~"-' , 1997,
conc atioo Report, it ill
2. The partie a1tall Ilhare physical custody of the Olild in
accordance with the following schedule:
A. WEEK I: During welt I, which shall begin on Septerar 12,
1997, the Mother Ilhall have custody of the Olild fran Friday
at 3:30 p.m. until the following Monday at 3:00 p.m. and the
Father shall have custody of the Child fran Monday at 3:00
p.m. through Saturday at 9:00 a.m.
B. WEEK II: During week II, which ahb.ll begin on Septll\i)er 20,
1997, the Mother shall have custody of the Olild fran
Saturday at 9:00 a.m. W1til the following Tuesday at 12:00
noon and the Father llhal1 have custody of the Olild fratI
Tuellday at 12:00 noon through Friday at 3:30 p.m.
C. 'llte custody schedule shall alternate bet\leen weeks I and II
continuously.
D. In the evant the Mother hall additional time off worlt during
the Father I s regular periods of custody, upon providing at
least t\lo days advance notice to the Father t the Mother IlIBY
have custody of the Olild durirr;J week I fran wednesday at
3:30 p.m. through '1'hursday I\I)rning at 11:00 a.m. and during
week II, fran Thursday at 3e30 p.m. until Friday I\I)rning at
11:00 a.m. 'l'he Mother ehal1 be responsible to provide
transportation for exchanges of custody Wlder this
aubparagraph.
3. 'l'he parties shall ahare or alternate having custody of the
Child 00 holidays as follows:
A. OlriStmas: 'llte Olristmas holiday shall be divided into
Segment A, which shall run fran Christmas Eve at 10:00 a.m.
until Chrilltmas Day at 10:00 a.m. and Segment B, which shall
EXHIBIT
I ^
.'
.' .
I:UI'l fI:aD 01riatmu Day at 10:00 a.m. Wltil o-.ar 26 at
10:00 a.m. 'DIe Mother Ihall have cuat:ol!y of the O\ild durin;
s.gr-tt, A in odd nuaDeAd yurs and c!uI:ing Segnnt B in wen
nll1Dered Y81'lI' '1'he rather ahall have CUltody of the O\ild
during ~t A in ev.n llUII'bered years and during Segment B
in odd n~ years.
B. 'l'hanIcagivim Day/Euter Sunday: '11\e rather ahal1 have
CiiiECiC!Y of the Cfiild en 'l'hankagiving DIy and Butar Sunday
frail 9:00 a.m. until 2:00 p.m. in odd r\UID)end yHt'1I and frail
2:00 p.m. until 7:00 p.m. in even nUllbered y8rs. 'Dle Mother
ahal1 have CWItody of the O\ild en 'DwUcaIJiving Day and
Euter Sunday frail 9:00 a.m. until 2:00 p.m. in even nlmbeAd
yura and frail 2:00 p.m. until 7tOO p.m. in odd n\.llli)ered
yHt's.
c. IteIl10rial Day/Jul~ 4th/Labor Day: 'Dle period of holiday
custody en /IemOrlal oay, July 4th and Labor Day shall ::un
frail 10:00 I.m. until 7:00 p.m. '1'he rather ahall have
custody of the O\ild on Hem:lrial Day and Labor oay in even
n\.llli)erec! yHt'S and en July 4th in odd I1IIliJered yHr.!. '1'he
I10ther ahall have custody of the O1ild en /18Il1Orial oay and
Labor Diy in odd n\.llli)ere<! year! and Q'\ July 4th in ev.n
nuaDered Y81'lI.
D. Halloween Triclt-or-Treat Night: Each party Ihall have
cuatody of the child en that party '! CXJlIII1rUty triclt-or-tnat
night frail 4:00 p.m. until 9:00 p.m. In thl event both
triclt~tnat nights fall Q'\ the IIlll8 date, the partiu
1hal1 alternate having cuatody of the Olild en triclt~tnat
night beginning with the Mother having cuatody in 1997.
E. Mother'. Day/Patherlll Day: '11\e Mother ehall have cuatody of
the Child awry year en Mother'! Day frail 9:00 a.m. until
7:00 p.m. and the Father shall have CWItody of the auld
every year en Father's oay frail 9:00 a.m. until 7:00 p.m.
F. Child's birthday: '1'he Father shall have custody of the Child
en the auld's birthday frail 9:00 a.m. until 2:00 p.m. in
even nuaDend yet'1I and frail 2:00 p.m. until 7:00 p.m. in odd
nUDtlered v-ra. '1'he Mother ahall have cuatody of the Child
en his birthday fralI 9:00 a.m. until 2:00 p.m. in odd
nlllli:lend v-ra and frail 2:00 p.m. until 7:00 p.m. in ev.n
nuni:lered v-ra.
4. Each party shall be entitled to have cuatody of the Child for
one uninterrupted WHIt at any time during the year, upon providing thirty
(30) dayll advance notice to the other party.
5. unleu otherwise provided in this order, the party receiving
custody of the O1ild ahall be responsible to provide transportation for the
exchange of custody_
6. 'Dle Mother shall not leave the Child alone in the care of the
.". '
'J,';",-,{;", en" ..... '0 .....:.., .';,_ ":":.~:'\, '; .. ~_.*'; ", _':~..., ',_ ...~'. ,-:- ,,"- ;.' ...... -, ", ..:.",,;.. ;t~. "~""~\~c...", ',;- ,oL-....'" ....\
"'",' l ,il:'ii~t'''\J-,l,':,''i';}fl.;__:.;i;,.;i'ift'~:JY.~~~'';':'
':,V'x;,:,;'Ee,~o;.-~",!!.~:If' .- ~,;'';'';'m'';, ' ","I" ",'
.
I':.
flU:.!)-tJllICE
"'r. l' " " ,c- ", ""'Trr.y
(..;,_ I ',' ,-, " ;' -, I J \.,,,
CU' ' ,', I \'! "'1'(
I' l\ -;~l, ,J', i.' " . '..;1 i
l<t,..:,,\\I"'U
'1.""""_ -,t.\
:],~
~:I
~-I
'iI;;
'l'J
,::~X~
";~
<~~
c~v
rl\jf"'''~:
, '%i
,,''('1'f
i'_~~;~;
;,JifJ
',;i.\l
, ~~I~~
'i',;'~7
....,......
"',"
'-'-;L-~
"};iij
~;il
''-':ii';
C.'':':_''
, 'I
-,.~
:; ~i-;.
,~
;~I
, .i\:~
.,\.;-,.""~
,-:~::;-nx~~~~
..,"~
, ",~~
:~
""i~~
....f;~l
_.."".~
?yf
_ '<_'1~
::'a1
_,Ii
t'
,:
, ,
913 W'" I 0 ~,(\ i): :,1,
"
-...................."'........"....-"'"'......
.'
.
! .. '"
tI
~
..
-
. -
.'....
'.T~,....._.
,,~ .
"'..
'!
~~,.~ . ,.: ,.; ,.. :.i
'\.i,_...~-,.:;;. U"".~, "it,\~~;<\i>~,;~'m- !~~~( .;.;j.~~ (: : :tic;;{'~l~~;i ;~,~
FiLr:DCII:FICE
,,~"' ,. .....,'.")-.ny
\,Ii jiT '1",: ,!;". 1/\.1\
99.1MI-G I'll 1:!12
CU "l:','" ","1"
,t'p II,' ~ ..i ),', I
1,,.,,.."..1'..',..
'O\I',,"I'~/r'kf\
~-, 'r-~"..3'.-", '"" "..'c,.'''''''''' ,.<_
.
4 "
\.
"
I
I ...""
(I ,
!
..
.......-.
"
JAN 1 2 1999\)
scarr M. OOl'THARD, I IN THE CXlURT OF ax-lMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
ve. I NO. 94-2791 CIVIL
I
'l'OOYA L. NELSON, I
Defendant I CUSTODY
OODBR ()ll' CXXJRT
AND NOW, this 5th day of January/ 1999, the COnciliator, being
advised by Plaintiff's counsel that Plaintiff wishes to withdraw this
Petition for COntempt, hereby relinquishes jurisdiction in this case. The
CUstody Conciliation Conference scheduled for January 5, 1999 is canceled.
FOR THE CXlURT,
f;~J ~
Dawn S. Sunday/ Esqu re
CUstody Conciliator
'ii:";'.u~'
,_ \A';~':)':," ;:\i>\:;-ll',u" :":,;"<
"",-,' "",,,,,J1i1< __~.J$, ~lill,;\&...",".~l
.!}~):
;'i.',';~'~~:~J~*.l'){'
. ..,."..,_~...,.._.,..___,.'A'
OF TIf'L~:q~OI:!lC:
, Y:'!!'OTNlY
99 ,1M! I', Fli 21 L2
CU"":', '
",t.:/;h,,' "", 1
P:.:",,\;r\'.J \'~AJj~ Y
L:l ~t ,'..; tl.\",:\,\;,/\
d
_ ".' '_...h'.._........'."-"',_~.,~..,.,..;.~~."".,,
..
, ,
\.
-
-. --,~
~"""-*........."-'_.'"','...
"
,
..
'...
.,
.
~~
~~!~ ~ IJ'3 M~
i~~5~ 4.l jJ 9i Ii
4.l Ii
.,..j
jJ 'ii I lI'l <
I~ . - Cl D.
i~d~ . ~ \ n or; .
~ iJ!Ii ~ :I r
ill j . E' w.g
, B Ii ~..
:::l " :: i!l ~
~ ~ . . . /;jr.l"i :.
-
0<, ..:l
~~~ ~ ~ I
,
I
.'1'\' ,\/
.J ' "
SCC1I'l' M. rorrHARD,
Plaintiff
IN THE CXlURT OF COOMOO PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 94-2791
CIVIL TERM
TONYA L. rorrHARD,
Defendant
CIVIL AcrION - LAW
IN CUSTODY
OODER OF <XXlRT
AND toI, this ---11.. t4, day of
upon consideration of the attached Custody
ordered and directed as follows:
1997,
it is
1. The Father, Scott M. Gotthard, and the Mother, Tonya L.
Gotthard, shall have shared legal custody of Paris K. Gotthard, born
February 23, 1995.
2. The parties shall share physical custody of the Child in
accordance with the following schedule:
A. WE:EK I: During week I, which shall begin on september 12,
1997, the Mother shall have custody of the Child from Friday
at 3:30 p.m. until the following Monday at 3:00 p.m. and the
Father shall have custody of the Child from Monday at 3:00
p.m. through Saturday at 9:00 a.m.
B. WE:EK II: During week II, which shall begin on September 20,
1997, the Mother shall have custody of the Child from
Saturday at 9:00 a.m. until the following Tuesday at 12:00
noon and the Father shall have custody of the Child from
Tuesday at 12:00 noon through Friday at 3:30 p.m.
C. The custody schedule shall alternate between weeks I and II
continuously.
D. In the event the Mother has additional time off work during
the Father's regular periods of custody, upon providing at
leaet two days advance notice to the Father, the Mother may
have custody of the Child during week I fro:n Wednesday at
3130 p.m. through Thursday morning at 11:00 ~.m. and during
week II, from Thursday at 3:30 p.m. until Friday morning at
11100 a.m. The Mother shall be responsible to provide
transportation for exchanges of custody under thie
subparagraph.
3. The parties shall share or alternate having custody of the
Child on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 10:00 a.m.
until Christmas Day at 10:00 a.m. and, Segment B, which shall
run from Christmas Day at 10:00 a.m. until DeceQr 26 at
10:00 a.m. The Mother shall have custody of the Child during
segment A in odd numbered years and during segment B in even
nUlTtlered years. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years.
B. Thanksgiving Day/Easter Sunday: The Father shall have
custody of the Child on Thanksgiving Day and Easter Sunday
from 9:00 a.m. until 2:00 p.m. in odd numbered years and from
2:00 p.m. until 7:00 p.m. in even numbered years. The Mother
shall have custody of the Child on Thanksgiving Day and
Easter Sunday from 9:00 a.m. until 2:00 p.m. in even numbered
years and from 2:00 p.m. until 7:00 p.m. in odd nUlTtlered
years.
C. Memorial Day/July 4th/Labor Day: 'l'he period of holiday
custody on Memorial Day, July 4th and Labor Day shall run
from 10:00 a.m. until 7:00 p.m. The Father shall have
custody of the Child on Memorial Day and Labor Day in even
numbered years and on July 4th in odd numbered years. The
Mother shall have custody of the Child on Memorial Day and
Labor Day in odd numbered years and on July 4th in even
nUllDered years.
D. Halloween Trick-or-Treat Night: Each party shall have
custody of the Child on that party's community trick-or-treat
night from 4:00 p.m. until 9:00 p.m. In the event both
trick-or-treat nights fall on the same date, the parties
shall alternate having custody of the Child on trick-or-treat
night beginning with the Mother having custody in 1997.
E. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day from 9:00 a.m. until
7:00 p.m. and the Father shall have custody of the Child
every year on Father's Day from 9:00 a.m. until 7:00 p.m.
F. Child's birthday: The Father shall have custody of the Child
on the Child's birthday from 9:00 a.m. until 2:00 p.m. in
even numbered years and from 2:00 p.m. until 7:00 p.m. in odd
nUllDered years. The Mother shall have custody of the Child
on his birthday from 9:00 a.m. until 2:00 p.m. in odd
nUllDered years and from 2:00 p.m. until 7:00 p.m. in even
numbered years.
4. Each party shall be entitled to have custody of the Child for
one uninterrupted week at any time during the year, upon providing thirty
(30) days advance notice to the other party.
5. Unless otherwise provided in this Order, the party receiving
custody of the Child shall be responsible to provide transportstion for the
exchange of custody.
6. The Mother shall not leave the Child alone in the care of the
SCO'l'l' M. oorrHARD , : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COONTY, PENNSYLVANIA
.
.
VB. . NO. 94-2791 CIVIL TERM
.
:
TONYA L. oorrHARD, : CIVIL ACTION - LAW
Defendant . IN CUsroDY
.
CUS'J.OOI cx:fiCILIATIOO SlMVIRY RBPCRT
IN A<XXlUlo\NCE wrm aJmJm.AND CXXIfi'Y RULE OF CIVIL PIll).... "RB
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
l1JRRmfl'LY IN CUS'lOOY (F
Paris K. Gotthard
February 23, 1995
Mother/Father
2. A Conciliation Conference was held on September 10, 1997, with the
following individuals in attendance: The Father, Scott M. Gotthard, with
his counsel, Edward L. Schorpp, Esquire, and the Mother, Tonya L.
Gotthard, with her counsel, Joan Carey, Esquire and Jennifer Gutshall,
paralegal.
3. The Father fileel this Petition for a determination of custody
arrangements concerning the parties' youngest Child, Paris K. Gotthard.
The Petition was filed to an existing docket number, under which this Court
previously entered an Order on ~Iarch 10, 1997 establishing custody
arrangements for an older Child of the parties, Rachel ~I. Gotthard, age 5.
Custody of Rachel was not an issue at the Conference and the proposed
Order, reflecting an agreement of the parties, pertains only to Paris.
4. The parties agree to entry of an Order in the form as attached.
c:..,(J~JWn1 &-1 // / 9~ 7
Date r , .
')~x-/.LL/~
Dawn S. Sunday, Esqu re
Custody Conciliator