Pennsylvania Court Case: Adoption of Godzak

IN RE: ADOPTION OF ALEXANDRA ANN GODZAK, A MINOR; APPEAL OF: THOMAS E. GODZAK, NATURAL FATHER; IN RE: ADOPTION OF ALEXANDRA ANN GODZAK, A MINOR; APPEAL OF: JOAN E. LESNOCK, GUARDIAN AD LITEM APPOINTED TO REPRESENT THE MINOR CHILD 

No. 530 Pittsburgh 1998, No. 650 Pittsburgh 1998 

SUPERIOR COURT OF PENNSYLVANIA 

719 A.2d 365 

September 23, 1998, Argued 

October 26, 1998, Filed 

Petition for Allowance of Appeal Denied August 13, 1999, 

Appeal from the Order of March 2, 1998 in the Court of Common Pleas of Washington County, Orphans Court No. 63-97-0543.

Appeal from the Decree of September 14, 1998 in the Court of Common Pleas of Washington County, Orphans Court No. 63-97-0543. Before GLADDEN, J. 

Order reversed. 

COUNSEL:
Gary A. Falatovich, Greensburg, for Thomas Godzak, appellant. Joan Lesnock, Washington, appellant.

Janette Baisley, Donora, for appellee. 

JUDGES:
Before MUSMANNO, ORIE MELVIN, JJ., and CIRILLO, P.J.E. 

CIRILLO, P.J.E.
Thomas E. Godzak ("Father") appeals, and Joan E. Lesnock ("Guardian") cross-appeals, from the final decree entered in the Court of Common Pleas of Washington County involuntarily terminating Father's parental rights. n1 We reverse. 

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n1 Pursuant to Pennsylvania Rule of Appellate Procedure 513, we have consolidated these cases on appeal. "Where there is more than one appeal from the same order, or where the same question is involved in two or more appeals in different cases, the appellate court may, in its discretion, order them to be argued together in all particulars as if but a single appeal." Pa.R.A.P. 513. Presently, Father and Guardian appeal from the same order denying Father's exceptions and terminating Father's parental rights. Additionally, both appeals involve the same issue, namely whether the trial court committed an error of law in terminating Father's parental rights; consolidation is therefore proper. 

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Alexandra Ann Godzak was born on December 9, 1993; she is the daughter of Father and natural mother, Denise Bollman ("Bollman"). Bollman and Father were never married; the parties resided together, however, prior to and after Alexandra's birth. In March of 1995, Bollman and Father separated; Bollman and Alexandra moved into Bollman's parents' home until February of 1996. 
After the parties' separation, Father visited Alexandra almost every week in March of 1995. n2 From April, 1995 until November of 1995, however, Father had minimal contact with Alexandra. In November of 1995, when Alexandra was hospitalized for bacterial meningitis, Father visited her every day in the hospital. Father bought Alexandra Christmas gifts in December of 1995 and asked that Alexandra be permitted to visit her paternal grandmother on Christmas Day of that same year. n3 Prior to Bollman filing the petition to terminate his parental rights, Father's last contact with Alexandra took place in January of 1996 when Father took Alexandra to a friend's house for a Super Bowl party.