Gotshall v. Stoudt

83 Pa. D. & C.4th 187
CourtPennsylvania Court of Common Pleas, Berks County
DecidedOctober 10, 2006
Docketno. 98-135
StatusPublished

This text of 83 Pa. D. & C.4th 187 (Gotshall v. Stoudt) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gotshall v. Stoudt, 83 Pa. D. & C.4th 187 (Pa. Super. Ct. 2006).

Opinion

LASH, J.,

The matter before this court is the petition of plaintiff, Cherie L. Drumheller (Mother), to modify an order of custody entered on September 26,2000 and amended October 28,2005. At issue is primary custody of the parties’ younger child, William Robert Stoudt. Trial was held on September 27, 2006. The court enters the following findings:

I. FINDINGS OF FACT

(1) Plaintiff, Cherie M. Gotshall (Mother), is an adult individual who currently resides at 277 Mount Olive Boulevard, Shenandoah, Schuylkill County, Pennsylvania.

[189]*189(2)Defendant, David J. Stoudt (Father), is an adult individual who currently resides at 401 Grant Avenue, Leesport, Berks County, Pennsylvania.

(3)The parties are the natural parents of two minor children, Jonathan David Stoudt, born July 7,1988, and William Robert Stoudt, bom August 3,1993. William is the subject of the within action.

(4) Mother and Father were married on December 6, 1986 and divorced on February 9, 1998.

(5) The parties separated in fall of 1995, when Mother left the marital residence. At that time, the minor children continued to reside with Father.

(6)Subsequent to the parties’ divorce, Mother married Archie Drumheller in 1998. She has a daughter from Mr. Drumheller, named Samantha, born June 18, 1996.

(7) Mr. Drumheller was physically abusive to Mother and to both Jonathan and William Stoudt.

(8) On October 1, 1997, Mr. Drumheller pled guilty to simple assault, disorderly conduct and harassment based upon an assault upon the paternal grandfather, during a custody exchange at the Hamburg State Police Barracks. Jonathan witnessed the incident.

(9) Mother subsequently separated from Archie Drumheller in 2002, and the couple were eventually divorced.

(10)Mother currently resides with her third husband, William Gotshall, whom she married in March 2004, her daughter, Samantha Drumheller, and Mr. Gotshall’s daughter, Victoria Gotshall, born October 8, 1993.

[190]*190(11) Mother’s current husband is employed as a correctional officer at the Federal Correctional Institute, Schuylkill County, located in Minersville, Pennsylvania. Flis shift changes four times a year. He applies for a particular shift, and receives same, conditional upon its availability, based on seniority. He is currently working 10 p.m. to 6 a.m., but will shortly switch to a 2 p.m. to 10 p.m. shift. He states he can always get a 6 a.m. to 2 p.m. shift or an 8 a.m. to 4 p.m. shift, if necessary to assist in watching the children in his household.

(12) Father resides with the minor children.

(13) The parties’ child, Jonathan, is estranged from Mother and has been for approximately five years. Jonathan remains angry with his Mother for her part in the physical abuse suffered by her and the boys at the hands of Mr. Drumheller.

(14) Jonathan intends to attend college in South Dakota for ROTC and ranching, eventually looking to a career in the military. As a result, he will likely be moving from Father’s home sometime in the fall of 2007.

(15) The parties are subject to a custody order entered by this court on September 26, 2000, amending a prior order dated August 29, 1997. Under the terms of the September 26, 2000 order, the parties share legal custody, Father has primary physical custody and Mother has partial physical custody three weekends a month from Friday evenings at 6 p.m. to Sunday evenings at 6 p.m. During the summer, the parties share custody on a 50/50 basis.

(16) On October 28, 2005, the court, by agreement of the parties, modified the order of September 26,2000 [191]*191to provide that Mother would have partial custody of the minor children from Friday at 5 p.m. until Sunday at 5 p.m. This change facilitated Father and William’s participation in Boy Scout meetings on Sunday evenings.

(17) Father resides in the Schuylkill Valley School District, the school district William has attended for his entire education.

(18) The parties reside approximately a 45-minutes to one-hour drive apart.

(19) Mother is currently employed in real estate sales at Webb Realty, Shenandoah, Pennsylvania, maintaining flexible hours.

(20) Father is employed by East Penn Manufacturing Company, working Monday through Friday from 6:30 a.m. until 2:30 p.m., and occasionally on Saturday.

(21) The minor child does not participate in a daycare or latch key program.

(22) The minor child, William, has had difficulties in school recently. His grades have been sub par and he was suspended for fighting.

(23) William enjoys Boy Scouts. Father participates with him as a troop committee person and is involved with the Board of Review.

(24) According to the parties, William generally will obey instructions, but can become defiant and oppositional.

(25) The minor child and his brother, Jonathan, will sometimes get involved in verbal altercations, stemming from Jonathan’s “picking on” William.

[192]*192(26) At Father’s home, the two boys reside in the same bedroom, although William has a separate room for his dresser and chest of drawers.

(27) Both of the children enjoy spending time at the farm of the paternal grandmother. They assist Father in working the farm, primarily during the summer months, although there are some weekday chores during the school year, as well.

(28) By order of October 21,2005, the parties submitted to a psychological evaluation, performed by Peter H. Thomas Ph.D. and Associates.

(29) Dr. Thomas interviewed the parties, the parties’ children, Mother’s husband, her daughter, Samantha Drumheller, and her stepdaughter, Victoria Gotshall. Dr. Thomas also performed the Minnesota Multiphasic Personality Inventory-2 (MMPI-2). He compiled a written report, dated December 19, 2005.

(30) The parties have agreed to continue a shared custody arrangement on a 50/50 basis during the summer months.

II. DISCUSSION

In determining primary custody, this court considered the testimony of the parties, Mother’s husband, William Gotshall, Mother’s friend, Donna Mulligan, the exhibits submitted, the questionnaires filled out by the parties at the direction of the court and made a part of the court file, and the written evaluation of Dr. Thomas.

Mother presented first. She is seeking primary custody because she believes the minor child wants to live with her. She states that he has told her so several times. [193]*193He has also advised Dr. Thomas of this during his interview. There have been times when the minor child exhibited depression and even began crying when it was time for him to return to his father’s home. She states that as a young adolescent he “craves attention.”

Mother believes the reasons the minor child wants to move is because he has a poor relationship with his elder brother, Jonathan, who picks on him. She believes that Jonathan may be abusive, primarily verbally, but on occasion physically. Regarding Father, Mother portrays him as inflexible and regimented, not being “connected” with the minor children. Mother believes William wants someone to talk to and has sought Mother out for this purpose on numerous occasions.

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Bluebook (online)
83 Pa. D. & C.4th 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gotshall-v-stoudt-pactcomplberks-2006.