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HomeMy WebLinkAbout00-00198 ... SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-198 CIVIL TERM DAVID L., GROSS, Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 21st day of January, 2000, after hearing, our prior Order of Court is amended to provide as follows: The parties shall have joint legal custody of the children, Kaitlin Gross, and Shelly Gross. The father shall have primary physical custody of the children subject to partial physical custody in mother every Saturday from 8:00 a.m. until 4:00 p.m. and each Sunday from 8:00 a.m. until 4:00 p.m. Father shall have the right to deny visitation to mother if there is evidence that she has been drinking. In that case, no further unsupervised visitation will be allowed without further order of this Court. Mother is directed to undergo an alcohol evaluation. She is also directed to undergo a psychiatric evaluation. Upon receipt of both of those evaluations, we will entertain a change in this temporary order to allow for greater periods of unsupervised visitation. The portion of our prior order directing the parties to participate in the Innerworks program shall remain in full force and effect. Mother is not to drink any alcoholic beverages whatsoever. This is a temporary order only. This matter is 'I "'"--.',' -~-, ,-, '~ / to proceed through the conciliation process. By the Court, Edward E. Guido, J. Lindsay Dare Baird, Esquire For the Defendant ~~ /- d-t -00 RJ<S Jacqueline Verney, Esquire For the plaintiff :mae "I . , , - "-' ~e~ 'jThe t)BCI ' Letorl; ~ ., ~ I Center :lJ Slal"A..er'\U0 - CQrfllli".P,4. 1701S ,I ' Ilale; __,__~..3.l~- _ ,s,e:\ a. .G.rn~-___ ._-L~C(LM.Clorr~/l D Rd, Lh~l\~E 110~___ Dear_~~_, ~ IJIA 1>"" iI re.ult of your ,~ evaluation ou __lj,aJjt.>I:L_,' ptea~ note tile fol!ol1vinJ; illfol1l1alicll; - __,._ 'YIlU have compll:l!ed tile evaluation process and !lad NQI been recommended for treatment, V Y"lI have completed Ih~ evaluatiMI process llnd IVl. VE been recommended for Ihe treatment described below. __ Olher __ ".,."-_._.__.~--._._-_._._.-.__.....-- Recommcndalionl'lno!es; 6u:lpa.-~le.n+ CD...l.ns:.f.:liJl~ +6 ~irr~ n:b..pSc .pre.Ut'..j(tli.bn-;__,-S1r1':.5S"tna,J'l(lIJPYvl 0 In-f. i arid. .~__ ~oJ",-, SII p.~ ~~S~n -tlJ CI'lI' n .:..t'I if1_CL_a..nc1. d,e.d.u.lelt a..f6llol.~-LLD o..op . fOr ~hl()oaL:: ~~--:;y,. If you have illlY queslions or wisli to make tis!!. ofolll' services, please c'~nlllct me at 243-<1000 wilhin 14 days oflhe d,)'111 ofthi, letter, Sincerely, /i. 'Y)/ II. ~ - .1J.~- Drug an Alc(lh ClinicilU1 U,: Ja.~ ille. Vern~, o..:&V'1e.f!r n,Ct.'lk G-,".)p, C,h;ldr:e.n ~!-J{lu...j.h t6St~rk.:er An "'geney of Unlled Wt;Jy of C<lll~.", . Uni~a Way elthe Ceplicr rI"~lon . Shippefl8bt.fg Area UnilGd Woy CUmborleu", pftj.ry ",""",,,I "....llI'> and M<tnlcl RlSllordollon Offl".. . C:u"',_lcnd-P"',.,. Dlug " Alcdlol Commission Phone (71 7) 243.\lO1.1O . Fax (717,) 2';3-0176 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ;J o-v-v . f q r CIVIL TERM SHEILA M. GROSS, Plaintiff/Petitioner DAVID L. GROSS, DefendantlRespondent IN CUSTODY ORDER OF COURT AND NOW, after consideration of Petitioner's Emergency Petition and pending the Conciliation Conference, the parties shall share legal custody of the children, Kaitlin Gross, DOB 5/10/93 and Shelly Gross, DOB 6/13/95 and Petitioner shall have primary physical custody of the children with Respondent having partial physical custody of the children on alternating weekends, from Friday evening to Sunday evening and such other times as the parties agree. The parties shall share transportation. Physical custody of the foster child, April Bishop shall be returned to Petitioner. BY THE COURT J. ! ' . SHEILA M. GROSS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DAVID L. GROSS, Defendant/Petitioner : NO. CIVIL TERM n (~ ;;..;;:-- -U;::-/'~ 5f!'; 6i ,~: ~ EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TaliULE . - ~;.. -- .~.)& 1915.13 z L' ::f: 50:: ~-~: c.c.; ;;E :< : IN CUSTODY AND NOW, comes Petitioner, Sheila M. Gross, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following: 1. Petitioner is Sheila M. Gross, who resides at 1880 McClure's Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is David 1. Gross, who resides at 37 Burgners Mill Road, Cumberland County, Carlisle, Pennsylvania. 3. Petitioner and Respondent are the adoptive parents of Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95. 4. Petitioner has filed a Complaint For Custody contemporaneous with the filing of this Emergency Petition. 5. Petitioner and Respondent are also contracted foster parents for Cumberland County Children & Youth Services. The parties home at 1880 McClure's Gap Road is the approved, inspected residence for foster placement. The parties presently have in their care a foster child, April Bishop, a special needs child. '1' D o '- :.~"," ~ Q: .~-~ ,. ~ -) .:...-::; ,.- ':')"n .'0 ','.:{(I.., .}i:f:! ..~: ,', ) ",,\+,1 .::'::t .' .:1) -<; . 6. On December 18, 1999, without prior notification, Respondent removed all three children from the marital residence and moved in with his parents at 37 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania. Respondent left a written note advising Petitioner of the children's removal without other explanation. 7. The residence at 37 Burgners Mill Road does not have adequate sleeping quarters for the children; the children are sleeping on the floor. 8. Respondent has denied Petitioner access to the children since he removed them from their home, except he permitted Petitioner to sit with the children at Church services on December 19 and December 26, 1999. Petitioner also saw the children on December 28, 1999 when she picked up the foster child for a visit with her natural sister. Respondent also permitted a one-hour supervised visit on January 3, 2000 with the children when Petitioner gave the children their Christmas gifts. Petitioner has had lunch with Kaitlin at her school on two occasions since the children were removed from the home. 9. A dispute between the parties arose approximately six months ago when Respondent advised Petitioner that he enjoyed cross-dressing. Petitioner attempted to understand her husband's position, but has since decided that the activity is unnatural and insisted that it cease. 10. Since Respondent removed the children from the home, Petitioner has attempted to resolve the dispute, but Respondent has agreed to return only if Petitioner sell the farm animals that Petitioner maintains for the children. 11. Respondent is a building contractor who works approximately 60 - 80 hours per week. Respondent does not spend quality time with the children. Respondent's , parents are caring for the children. One of the children, Shelly, has indicated that her paternal grandmother used physical punishment on her. Petitioner does not use physical punishment to discipline the children. Foster parent guidelines prohibit the use of physical punishment. 12. Petitioner maintains a day care service in her home, presently watching two children. Petitioner is the Secretary of the Cumberland County Foster Parent's Association. Petitioner has been the primary caregiver of the children since their birth. 13. The children are confused about their stay at the grandparents' home. They have asked when they will return home. 14. Petitioner refrained during the holidays from instituting this action hoping not to disrupt the holidays and hoping to resolve it amicably. 15. Petitioner believes and therefore avers that the children have been emotionally harmed by the move and should be returned to Petitioner pending a Conciliation Conference. 16. Petitioner will cooperate with Respondent and provide liberal partial custody pending the conciliation conference. 17. It is unknown whether Respondent has retained legal counsel. Service of this Emergency Petition will be attempted by certified mail and personal service if certified mail is not accepted. WHEREFORE, Petitioner requests that the Court, pending the Conciliation Conference and until further Order of Court, grant the parties shared legal custody of the children and grant Petitioner primary physical custody of the children with the " I' h ". .--, Respondent having periods of partial custody on alternating weekends and such other periods as the parties agree. Respectfully submitted, Date: 1_11-00 cq line M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Petitioner , VERIFICATION I verify that the statements made in the within Petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. SA. ~ 4904 relating to unsworn falsification to authorities. Dated: !)a';t.., /0/ ;).000 JjY~ssYf11 M~ '1 I "I. " . ," I ~,HEILA M. GROSS, Plaintiff IN-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DA VlD 1. GROSS, No. 2000-198 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW. atler consideration of the Emergency Petition and pending the conciliation conference. the parties shall share legal custody of the children, Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95, and Respondent shall have primary physical custody ofthe children with Petitioner having visitation as agreed upon by the parties. Physical custody of the foster child, April Bishop, shall remain with Respondent. By the Court, J. , SHEILlI "-1 CROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DA VlD L. GROSS, No. 2000- I 98 CIVIL TERM Defendant IN CUSTODY RESPONSE TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, David L. Gross, by and through his attorney, Lindsay Dare Baird, Esquire, and responds as follows: l. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. Paternal grandparents' home has been inspected and approved by Cumberland County Children and Youth Services. 6. Admitted in part and denied in part. Respondent advised Petitioner of his concern and the potential outcome on many occasions. 7. Denied. All children have sleeping accommodations. 8. Admitted in part and denied in part. Respondent has encouraged specific visits and general visits which Petitioner has taken advantage of only on limited occasions. 9. Denied. Cross-dressing was participated in by both parties as part of their private interactions with one another and did not involve the children in any manner. 10. Denied. Respondent requests that the number of farm animals be reduced to such an extent that will permit petitioner to spend quality time with her family. 11. Admitted in part and denied in part. Respondent works forty (40) hours each week on an average. Respondent does spend quality time with the children. Paternal grandparents are assisting in the care of the children and provide necessary correction to the children in an acceptable way. , 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. Strict proof of emotional harm to the children is required. Children should remain with Respondent until such time as Petitioner receives required assistance with her substance abuse problems. 16. Denied. See paragraph 15. 17. Admitted. WHEREFORE, Respondent requests that the children remain with him at the paternal grandparents' home until a conciliation conference can be held or until further order of court. Date: January 13, 2000 /_Resp~ctful~~mitted, . Q:'LCiVL2l ;/-_.12(( /x){it cj v.lndsay Da~ Baird, Esquire ~ttorney for the Respondent 37 South Hanover Street Carlisle, PA 17013 717-243-5732 TRUE COpy FROM R(-cORD In Tastimooy whereof, I h>lre unto 001 my ~3na and the _ of said Court at Car1~. Pa. this /3 day of ~ ~ .~. ~~_c ~.~)t0 9f Prothonotary ".~,~ " . I verify that to the best of my knowledge and belief, the statements made in the foregoing document 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. J'~ O' I' ."r;IlI' <-/;;/!"._,{ ",.{..t~(.r...~ /' ," - ...A:.--(. -' , . --. David L. Gross, Plaintiff , - SHEILA M. GROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAVID L. GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To: Curtis R. Long, Prothonotary Kindly enter my appearance on behalf of David L. Gross, Defendent in the above matter. Dated: January 13, 2000 ^ -, --~ -,' ,. - ~ ...-"~ T ~,"""". ~-- , I . 'Illl____~.__ '''llI.ll!I!P'!lI''l'il'!JI!I''IUMlll~.,WWMJlftJllllPlm!lIlU!!lfIi1i1lN!$ I!I r.'!f "' 0 0 0 C 0" -."11'- s:: (- ~.4 -oOJ' y-", ~:P ~rn ::e ,. rc: ::0 - ,,,,m :zr;:~ --';( c..:> J ~,~~~. be; -'4.....' ~CI -0 5'" :::lII: i -- ~o 5~ 20 ~ >c "'"' ~ .t:"" 55 CD '"< ~.~\'Im~~~I~lIll/l'$fill;ll'l!l_.~ ! ..IAN 1 8 200m ejJ SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID L. GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY flL ( C c7rJ1 ORDER OF COURT AND NOW, after consideration of the Emergency Petition and pending the conciliation conference, the patiies shall share legal custody ofthe children, Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95, and Respondent shall have primary physical custody ofthe children with Petitioner having visitation as agreed upon by the parties. Physical custody of the foster child, April Bishop, shall remain with Respondent. By the Court, J. , I ~--" < SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW Defendant No. 2000-198 CIVIL TERM 1"-' Cu.srOlJl-j FJLt: CUPI] DAVID L. GROSS, RESPONSE TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, David L. Gross, by and through his attorney, Lindsay Dare Baird, Esquire, and responds as follows: 1. Admitted. i () 0 0 c 0 'Tl s: t.-~::l r ""1JOJ "'" .J.. 'Tl" i" mrn % li-l-~- :Z:J} com :( ffiC;: w 'oQ -'<~. ~6 ~....... -'t') I-:+l ~o ::x 90 5. Admitted in part and denied in part. Paternal ;>>g r::? ~m grandparents' home has been inspected and approved by c~e~an~ County Children and Youth Services. 2. Admitted. 3. Admitted. 4. Admitted. 6. Admitted in part and denied in part. Respondent advised petitioner of his concern and the potential outcome on many occasions. 7. Denied. All children have sleeping accommodations. 8. Admitted in part and denied in part. Respondent has encouraged specific visits and general visits which Petitioner has taken advantage of only on limited occasions. 9. Denied. Cross-dressing was participated in by both parties as part of their private interactions with one another and did not involve the children in any manner. 10. Denied. Respondent requests that the number of farm animals be reduced to such an extent that will permit petitioner to spend quality time with her family. 11. Admitted in part and denied in part. Respondent works forty (40) hours each week on an average. Respondent does spend quality time with the children. Paternal grandparents are assisting in the care of the children and provide necessary correction to the children in an acceptable way. i i " " J 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. Strict proof of emotional harm to the children is required. Children should remain with Respondent until such time as Petitioner receives required assistance with her substance abuse problems. 16. Denied. See paragraph 15. 17. Admitted. WHEREFORE, Respondent requests that the children remain with him at the paternal grandparents' home until a conciliation conference can be held or until further order of court. Date: January 13, 2000 /~~_:pectful(~bmitt:..~), , . \.. :r." ,I ' / !', ~/y! c.j-..----.. }V'l. /LG.r.V/,z l I I\..Jl (l ,A ,JUL{ L', ~indsay Da~ Baird, Esquire / Attorney :tor the Respondent 37 South Hanover Street Carlisle, PA 17013 717-243-5732 -;)' , r' . .. ,." , " ~, ( I vedfy that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.H904 relating to unsworn falsification to authorities. , j/I . /~/ . ~. / ,?1 r,/1 i.') " ~f !i'7;.... .u_ f. (..._11....\.) /', '."...e.~(../... David L. Gross, Plaintiff .'"- .. ,- JAM 1 8 2000W SHEILA M. GROSS, Plaintiff IN-THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID L. GROSS, No. 2000-198 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, after consideration of the Emergency Petition and pending the conciliation conference, the parties shall share legal custody of the children, Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95, and Respondent shall have primary physical custody of the children with Petitioner having visitation as agreed upon by the parties. Physical custody of the foster child, April Bishop, shall remain with Respondent. By the Court, J. i:.. I' ~ , ,- , ." .-. ,,,-~ JAN 1 8 2000W SHEILA M. GROSS, Plaintiff IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAVID L. GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, after consideration of the Emergency Petition and pending the conciliation conference, the parties shall share legal custody of the children, Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95, and Respondent shall have primary physical custody of the children with Petitioner having visitation as agreed upon by the pmiies. Physical custody ofthe foster child, April Bishop, shall remain with Respondent By the Court, J. '", ,~ ,," , ~, 0, ,,- r 't -'0 SHEILA M. GROSS, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID L. GROSS, Defendant/Respondent CIVIL ACTION-LAW NO. 2000-198 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of January, 2000, this hearing is continued until Friday, January 21, 2000, at 9:00 a.m. Pending that time, the parties shall have shared legal custody of the children, Kaitlin Gross and Shelly Gross. Respondent shall have primary physical custody of the children with Petitioner having visitation with Shelly each day from 8:00 a.m. until 4:00 p.m. and with Kaitlin after school until 9:00 p.m. on Thursday, January 20, 2000. Petitioner may also have Shelly until 9:00 p.m. on Thursday. Petitioner is not to drink any alcoholic beverages whatsoever between now and the hearing scheduled for 9:00 a.m. on January 21st. Said visitation by petitioner to be exercised in the presence of Marilynn Swartz. Both parties are directed to participate in the InnerWorks Program within 30 days of today's date. ;;;;;;:;:Jd~ . j-J1)-OO r<.XS "'<""" I' ".'", '''f ",',-,' ". ,oo' '-'-'-"-liIiflliIUg_~ ,~~Ifilf&III""""-""~""'-_ - ' -' ~~1iIl ~ - , FiLED. OfFiCE O~ ~,'C. "t/'\"'" 'N '!)-lIDV r ] r',~.' :-',.';: !"':--.,\'{. fI.r\ \ 00 J~H 20 fiN 1[1: 12 CUMBtHLi',i~D COUI\f!Y PEi'lNSYLW\NIA ~~ ~~~. " . '~ Jacqueline M. Verney, Esquire For the Plaintiff/Petitioner Lindsay D. Baird, Esquire For the Defendant/Respondent CCC&YS :lfh I" '-> ~ ". I _. ", '.' <,H , ~ ,- .--- " "0" SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID L. GROSS, Defendant : NO. dlt1r1J - / q F ~ (b-> : IN CUSTODY ORDER OF COURT AND NOW, this \ '6 day of \.'y:h'\, Y', '-4 ,2000, upon consideration of the attached Custody Complaint, it is hereJlly directed that the partIes and their respective counsel shall appear !\efore the Conciliator, at , . S-\ \1 on e S day of t-n'C'\\ ,2000 at \ \ HlO o'clockCI. m., for re-Hearing Custody Conference. At such conference, all 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. FOR THE COURT, BY: (~,~ 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 arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 fe" r"< """ ;;;,;;;':'0 ~ -<--.'"'~lhlflat"';;'''~'''''I'''''''''''''''''''''''''''~__1!<)!li_'''"''''",,'"'''''''';~':'''',,,,,-,,,iL:.~"''iIJ...__m!dlilll~__ ~.~~ -~ '10 _.~.~"~~~ /. If/.OJ,:! /-/ f1- d7,97 /./f.z:<lC/ tW!!!!! .:rr- l ,.<::\"", " "'-O'n ivr. ". W;, rllt.Y.(,-;-..\Ot.\O \. "ft,'.::::: \,~''::'',\..,: \ ' at ,; .'., ' . ,.,. 'l\\ ''')~'\ (.... ~ l' \ 9 .. \ nn ..\;,.;'\ . eN \)v ....'...1 'N' \ "t\) r.\.)u -,., Y'''' 'oJ" ,-, \'!li2t.~\'\~ \~"\' '1\\-\11" vV'''rt,\'\.\''v\ ..." &/. ~~~~4~ ';7(7~ ~ ~ ~ ~~z4~ .. SHEILA M. GROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. :linn) - /91' &;;d t.v-... DAVID L. GROSS, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the plaintiff, Sheila M. Gross, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following: I. The Plaintiff is Sheila M. Gross, residing at 1880 McClure's Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is David 1. Gross, residing at 37 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS AGE Kaitlin Gross 37 Burgners Mill Rd., Carlisle, PA. 17013. DOB 5/10/93 61/2 Shelly Gross 37 Burgners Mill Rd., Carlisle, PA 17013. DOB 6/13/95 41/2 The children were not born out of wedlock. They are adopted. The children are presently in the custody of the defendant, David 1. Gross, who resides at 37 Burgners Mill Rd., Carlisle, Pennsylvania. .",.. I 1'0 During the past five years, the children have resided with the following persons and at the following addresses: LIST ALL PERSONS ADDRESSES DATES David L. Gross Robert Gross Laverne Gross April Bishop 37 Burgners Mill Rd Carlisle, P A 17013 12/18/99-present David L. Gross Sheila M. Gross April Bishop 1880 McClure's Gap Carlisle, P A 17013 July, 1997-12/18/99 David L. Gross Sheila M. Gross 1880 McClure's Gap Carlisle, P A 17013 I993-July, 1997 The mother of the children is Sheila M. Gross currently residing at 1880 McClure's Gap, Carlisle, Pennsylvania, 17013. She is married. The father of the children is David L. Gross currently residing at 37 Burgners Mill Road, Carlisle, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is mother. The Plaintiff currently resides alone. 5. The relationship of Defendant to the children is father. The Defendant currently resides with: NAME RELATIONSHIP Kaitlin Gross Shelly Gross April Bishop Robert Gross daughter daughter foster daughter defendant's father . - ," Laverne Gross defendant's mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth. Plaintiff does not know of a 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. 7. The best interest and permanent welfare ofthe children will be served by granting the relief requested because: a. Mother has been primary caregiver of the children since birth. b. Mother can provide a stable, healthy, loving environment for the children. c. Father removed the children from the marital home on December 18, 1999, has moved in with his parents and has refused to allow Mother to visit with the children alone demonstrating a firm intent to deny access to the children. d. The present residence does not have adequate sleeping accommodations for the children; the children are sleeping on the floor. e. The children are confused by the removal from their home and wish to return. f. Mother will promote communication and liberal access to the children by Father. 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 are known to have or claim a right to ,,.,.,~-""..._".... I custody or visitation ofthe child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff requests this court to grant shared legal and primary physical custody of the children to Plaintiff. Respectfully submitted, Date: {- 1/ -() 0 ~ cn..~ cq me M. Verney, EsqUire 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Plaintiff -0' "~,~. . . ' VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: () Me-, /0/ J 0 0 0 JLo/L tI). /yf~ Sheila M. Gross ---' r . ~ r- ~ ~ c J b ., 8< 9 03 .~t5 ?i i. ..\5'1: ~l ... I? ~ g \;, ~ ~u_ - S \1'30- ~ .~ .0 ie'-y. j- ~ ,- vi & . _L '~ B U) r' ::r l5 0 ill ~ 0 .. g ~ " ~~ ~ LAW OFFICE OF Jacqueline M. Verney 44 S. HANOVER ST. . CARLISLE, PA 17013 . (717) 243-9190 . FAX (717) 243-3518 .' -." ,--,,-,- W"" - """+=__'" _ '" .... ( C>.. ~ .-, , ., . . -.. . .j~ .J. a zooor!. .. . I n >: ,. " " r " 00 :;; .., r ~ .., r r en ;,.z 'Ii ;,.Z .M" ':I" ~ tJ "1j~ ~ tJ M ~ ~ en C'l -3 ~ en z" ~ ~ Z = g ~ Z ~ Z ~ en Z tJ ~ ~ z tJ ~ ~ M M "' ;,. "' ;,. P i'l ~ ~ ~ ,. ~ " t'l Z t=:: ~ t'l :;: " rtll :; " rtll en ~ ;,. ~en ~~ ..,~ " ;,. 6" S; 0" S; ~M ~" ooM tJ 0:it:J tJ '"~ I -3 00 00 00 0 0 .., .., ("')~c: III ~" 2::oog. II> 0 III ~s.< ::To ~ J: 0> Ylll~ " '" ~O'" ....<1lI gm :;" "'~Q. wS/l :giil ....ll (l""c, 0.1 ~PJ 1-'1 () 1-"" (J)....q f-'- 0 C U) ~ CD 1--' rt f--' It ::r f--'- ::l :r:(!) rcJ PJ :J:' ::l 8: o 1-' .q .......] ([) -< Orj(D 1-' " lkl (J) ~ rt(!) ,,'< (!) , (!) rttrl {j} ,Q c f--'. " (!) , , , I I ~ I I' t ~ ~ r: fi ,. f, ~!' 'II"'" - . . ~; SHEILA M. GROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW DAVID L GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _/ S T day of ~, 2000, upon consideration of the attached Petition for Special Relief, it is hereby directed that~ parties and their counsel shall appear for a hearing on the ;. It! cI day offiJbJAit. ,2000, at.J: 1.5 o'clockgm, in Courtroom No. .5" , Cumberland County Courthouse. By the Court, cc: Lindsay Dare Baird, Esquire Jacqueline M. Verney, Esquire ~~J. J-3 -00 RK5 .DD ,.; I J [/J~ . ~ fM~f.' 1.{i J b 1-101' '-. ~ I '1 . . ~,~ ,'~ " "'='-~ m " ~ -~~.....~~~ -'--.""",""",-~ , ~- .. "~. -.,,- ..,.,~".-. ' ~ oLr'.r)\-n!:'i:/"E I~i ~.I v,. V ()- "" ,r.' ..",~. ,", ''', lo'r' 8Y ,-,r- !i";:' ;.;-i ,"''"")(._1]\ JIAJ 00 FrS - I PM I :2L ' .1 4 '. ,r ~UlvjBHVJ~0 COUNTY PENNSYLVANiA '" :j i .1 'I I :., i' ~- : : ;,1 :1 il i'i ,~" , I - , -" r SHEILA M. GROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DAVID 1. GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, after consideration of Petitioner's Petition for Special Relief and pending the Conciliation Conference, the parties shall share legal custody of the minor children Kaitlin Gross, DOB 5/10/93 and Shelly Gross, DOB 6/13/95. Petitioner shall have primary physical custody of the children with Respondent having periods of supervised visitation as follows: By the Court, 1. cc: Lindsay Dare Baird, Esquire Jacqueline M. Verney, Esquire , ~ SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID 1. GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, David 1. Gross, Defendant in the above-captioned matter and avers as follows: 1. On January 21,2000, an Order was entered by this honorable Court after a hearing at which the parties and their counsel were present. Said Order is attached and marked as Exhibit "A". 2. The Order stated, inter alia, that the PlaintiffiRespondent, Sheila M. Gross, "is not to drink any alcoholic beverages whatsoever". 3. On Sunday evening, January 30, 2000, Kaitlin, the parties' six year old daughter, informed Petitioner that Respondent was drinking during Respondent's period of partial custody. 4. On Monday evening, January 31, 2000, Petitioner went to the parties' home to retrieve items left at the home after the daughters' weekend visit. In the trash were copious amounts of Yengling beer bottles and cans. Yengling is Respondent's beer brand of choice. WHEREFORE, Petitioner respectfully requests that Respondent's contact with the children be supervised by a reliable person in addition to any other relief this honorable Court deems appropriate. RespectfullY, s,~ u, ;dr,' /? 0 . l'lal-tlLId~ indsay DarWaird, Esquire 37 South Hanover Street Carlisle, PA 17013 Attorney for Petitioner , ~ . .. , " SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 00-198 CIVIL TERM DAVID L., GROSS, Defendant IN qJSTODY IN RE: CUSTODY , ORDER OF COURT , AND NOW, this 21st day of January, 2000, after hearing, our prior Order of Court is amended to provide as ii :1 I ,I ij I i follows: The parties shall have joint legal custody of the children, Kaitlin Gross, and Shelly Gross. The father shall have primary physical custody of the children subject to partial physical custody in mother every Saturday from 8:00 a.m. until [I ,. 'I Ii ," 4:00 p.m. and each Sunday from 8:00 a.m. until 4:00 p.m. Father shall have the right to deny visitation to mother if there is evidence that she has been drinking. In that case, no further unsupervised visitation will be allowed r without further order of this Court. Mother is directed to undergo an alcohol evaluation. She is also directed to undergo a psychiatric evaluation. Upon receipt of both of those evaluations, we will entertain a change in this temporary order to allow for greater periods of unsupervised visitation. I;; ii " .' I:! The portion of our prior order directing the parties to participate in the Innerworks program shall remain in full force and effect. Mother is not to drink any alcoholic beverages whatsoever. This is a temporary order only. This matter is EXHIBIT "A". ~ . , to proceed through the conciliation process. By the Court, ~. Edward E. Guido, J. Jacqueli~e Verney, Esquire For the)Plaintiff Li4'say,'Dare Baird, Esquire L-i7o';-'the Defendant :mae . it '. . ""r'71'~ r~ 1_'"'' In 1 <:i r;,/ Em'-! !h!3 ot '.... , ,. ',.,CoJ_ I C'," '~". 0.........) I'~ _~ C) I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.!i4904 relating to unsworn falsification to authorities. ~j $72-. David L. Gross, Plaintiff "I ~~ SHEILA M. GROSS, Plaintiff v. DAVID L. GROSS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2000-198 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this 1st day of February, 2000, I have caused a true copy of the Petition for Special Relief to be delivered by personal service to: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 Date: February 1,2000 'lj;, Respectfully submitted, H.,dAl1~ ind:ay Dare ~ Esquire 37 South Hanover Street Carlisle,PA 17013 (717) 243-5732 SHEILA M. GROSS, Plaintiff/Respondertt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID L. GROSS, Defendant/Petitioner CIVIL ACTION - LAW NO. 2000-198 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 2nd day of February, 2000, the Petition for Special Relief is DENIED. Our prior order of January 21st, 2000, shall remain in full force and effect. Edward E. Guido, J. Lindsay D. Baird, Esquire For the Defendant/Petitioner ':> Cop''''' n>~,bL ;;./tc/0iJ '::lflt Jacqueline M. Verney, Esquire For the Plaintiff/Respondent :lfh ... SHEILA M. GROSS, : IN THE OJURT OF OJMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 2000-198 CIVIL TERM . . DAVID L. GROSS, : CIVIL ACTION - LAW Defendant . CUSTODY . ORDER OF COURT AND ~, this i4 ~ day of consideration of the attached Custody and directed as follows: , 2000, upon Conciliation Report, it is ordered ~ 1. A Hearing is sChedul~in Court Room 5 , of the Cumberland County Court House, on the 7 day of V lot AI L , 2000, at tt: ..30 0' clock lL .m., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. :\ 'I ! , 2. Pending further order of Court or agreement of the parties, the prior orders of this Court dated January 18, 2000 and January 21, 2000 shall continue in effect. ! '] ,1 , :1 'I iJ , ;j Edward E. Guido, f:t ~~p -(\ '? ~ ~~ cc: Jacqueline M. Verney, Esquire - Counsel for Mother Lindsay Dare Baird, Esquire - Counsel for Father "U.r,,.. "j ~,', 'liit_"~'~ ~""'"'~" ".'-"-~'''''"""",,,,,",,,~~~ii:..: ' -'iIliil1IlltlJ~__ """ - .. O .RLED-oi- CE /. . , .." l':KrrAPV OF THE PHOTHONTARY''' OOHAR 11PH 4f'J5 00 ~tAR 17 PM"4: ti C(ffi,;1!l~lAJ'il)P. CUMB~ PENNSYLVAN .. . SHEILA M. GROSS, Plaintiff : IN THE OOURT OF OOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 2000-198 CIVIL TERM : DAVID L. GROSS, Defendant : CIVIL ACTION - LAW : CUSTODY PRIOR JUDGE: Edward E. Guido COSTODY CXH:ILIATIOO SUMMARY t<Isl<ltcr IN ACCORDANCE WITH CDMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN COSTODY OF Kaitlin Gross Shelly Gross May 10, 1993 June 13, 1995 Father Father 2. A Conciliation Conference was held on March 2, 2000, with the following individuals in attendance: The Mother, Sheila M. Gross, with her counsel, Jacqueline M. Verney, Esquire,' and the Father, David L. Gross, with his counsel, Lindsay Dare Baird, Esquire. 3. The Court previously entered Temporary Orders dated January 18, 2000, January 21, 2000 and February 2, 2000 in response to Petitions for Special Relief before the Conciliation Conference. The Mother filed this Petition for primary or shared physical custody of the Children. The parties were not able to reach an agreement at the Conference and it will be necessary to schedule a Hearing. 4. The Mother's position on custody is as follows: The Mother proposed that the parties share physical custody of the Children on a week-on/week-off basis. Although the Mother works during the evenings and through the night, she would adjust her hours to be available for the Children if she were to obtain custody under a shared schedule. The Mother indicated that she had been staying at home all the Children's lives and had been their primary caretaker. Although at the time of the Conference, the Mother had not yet completed the psychiatric evaluation ordered by the Court, she had obtained a drug and alcohol evaluation which resj,llted in a referral to a relapse prevention/stress management program at,ihe Stevens Center. The Mother is currently participating in that prograJjt:on ,a regular basis and does intend to obtain the psychiatric evaluation as-, soon- as she receives a referral from her physician. The Mother denied the Father's allegations that she currently has an alcohol problem but believes the I', 'I ~ ~ ~ . " "" ,- Father will continue to make these allegations no matter what the results of the evaluations show. 5. The Father's position on custody is as follows: The Father believes the Mother requires serious help (ie. In-patient treatment) for an alcohol problem and mental health issues. The Father opposed any additional periods of custody for Mother other than the weekend day periods of custody provided in the existing Order. The Father indicated that he opposes overnight periods of custody because he feels the Mother is still drinking, and that the environment at the Mother's home is not safe for the Children. The Father believes the existing Custody Order should remain in effect, although, the Father requested some periods of weekend custody so that he can spend "free" time with the Children. 6. The Conciliator recOllUllends an Order in the form as attached scheduling a Hearing in this matter and continuing the Orders of Court dated January 21, 2000 and January 18, 2000 pending the Hearing. It is expected that the Hearing will require 1 full day. L2.~~ Dawn S. Sunday, Esquir CUstody Conciliator fYlOA.c.A. Date Li, ~(;lO ~ I . --" 1,.-' . I ~ -. . > -;:<- . SHEILA M. GROSS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID 1. GROSS : NO. 2000-0198 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 11TH day of JANUARY, 2000, a hearing on Plaintiffs Petition for Special Relief is scheduled for Tuesday, January 18,2000, at 12:30 p.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. 17013. By the Court, fi..r Jacqueline Verney, Esquire For the Petitioner I e.n -(;, r1ft; , David 1. Gross 37 Burgners Mill Rd. ~ (ldh.t: ~. J-/I'~ Carlisle, Pa. 17013 "'"T7 :sld "-. -- "" , SHEILA M. GROSS, Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAVID L. GROSS, Defendant/Respondent . : NO. ;LOVO-ICff CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, after consideration of Petitioner's Emergency Petition and pending the Conciliation Conference, the parties shall share legal custody of the children, Kaitlin Gross, DOB 5/1 0/93 and Shelly Gross, DOB 6/13/95 and Petitioner shall have primary physical custody of the children with Respondent having partial physical custody of the children on alternating weekends, from Friday evening to Sunday evening and such other times as the parties agree. The parties shall share transportation. Physical custody of the foster child, April Bishop shall be returned to Petitioner. BY THE COURT J. I I I I I ;! !i !: ;i: I--~.~~ ~, " -,. . . SHEILA M. GROSS, PIaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID L. GROSS, Defendant/Petitioner NO. ~H)1)-) 9.fCIVIL TERM : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 AND NOW, comes Petitioner, Sheila M. Gross, by and through her attorney, Jacqueline M. Verney, Esquire and represents the following: 1. Petitioner is Sheila M. Gross, who resides at 1880 McClure's Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is David 1. Gross, who resides at 37 Burgners Mill Road, Cumberland County, Carlisle, Pennsylvania. 3. Petitioner and Respondent are the adoptive parents of Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95. 4. Petitioner has filed a Complaint For Custody contemporaneous with the filing of this Emergency Petition. 5. Petitioner and Respondent are also contracted foster parents for Cumberland County Children & Youth Services. The parties home at 1880 McClure's Gap Road is the approved, inspected residence for foster placement. The parties presently have in their care a foster child, April Bishop, a special needs child. , i .,.".,...., 6. On December 18, 1999, without prior notification, Respondent removed all three children from the marital residence and moved in with his parents at 37 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania. Respondent left a written note advising Petitioner of the children's removal without other explanation. 7. The residence at 37 Burgners Mill Road does not have adequate sleeping quarters for the children; the children are sleeping on the floor. 8. Respondent has denied Petitioner access to the children since he removed them from their home, except he permitted Petitioner to sit with the children at Church services on December 19 and December 26, 1999. Petitioner also saw the children on December 28, 1999 when she picked up the foster child for a visit with her natural sister. Respondent also permitted a one-hour supervised visit on January 3, 2000 with the children when Petitioner gave the children their Christmas gifts. Petitioner has had lunch with Kaitlin at her school on two occasions since the children were removed from the home. 9. A dispute between the parties arose approximately six months ago when Respondent advised Petitioner that he enjoyed cross-dressing. Petitioner attempted to understand her husband's position, but has since decided that the activity is unnatural and insisted that it cease. 10. Since Respondent removed the children from the home, Petitioner has attempted to resolve the dispute, but Respondent has agreed to return only if Petitioner sell the farm animals that Petitioner maintains for the children. 11. Respondent is a building contractor who works approximately 60 - 80 hours per week. Respondent does not spend quality time with the children. Respondent's T . " . . parents are caring for the children. One of the children, Shelly, has indicated that her paternal grandmother used physical punishment on her. Petitioner does not use physical punishment to discipline the children. Foster parent guidelines prohibit the use of physical punishment. 12. Petitioner maintains a day care service in her home, presently watching two children. Petitioner is the Secretary ofthe Cumberland County Foster Parent's Association. Petitioner has been the primary caregiver of the children since their birth. 13. The children are confused about their stay at the grandparents' home. They have asked when they will return home. 14. Petitioner refrained during the holidays from instituting this action hoping not to disrupt the holidays and hoping to resolve it amicably. 15. Petitioner believes and therefore avers that the children have been emotionally harmed by the move and should be returned to Petitioner pending a Conciliation Conference. 16. Petitioner will cooperate with Respondent and provide liberal partial custody pending the conciliation conference. 17. It is unknown whether Respondent has retained legal counsel. Service of this Emergency Petition will be attempted by certified mail and personal service if certified mail is not accepted. WHEREFORE, Petitioner requests that the Court, pending the Conciliation Conference and until further Order of Court, grant the parties shared legal custody of the children and grant Petitioner primary physical custody ofthe children with the ~ r --, - . . .~ Respondent having periods of partial custody on alternating weekends and such other periods as the parties agree. Respectfully submitted, Date: (~I(-O() cq line M. Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Supreme Ct. ID 23167 Attorney for Petitioner '1_ Sl I ~ .. . - . . .. . /..... ..' VERIFICATION I verify that the statements made in the within Petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: Ja1<" /0/ ::>-lJoO ~(J/L III, .b1~ ei a M. Gross iq , . >- ~ ~ }o- .5 :;)~ UJ.Q ~):-..:;.':; Oz u.: C.J :s:: O.;;l: 1.1-.:1:: <I: CI~ <~).~ 3~ 'T '_" og: ::1' "J_~ :;;e a::z f:.l:c1.U 1MUJ :i: "'" :;a:Q. r-' -) u. C) :;) 0 0 (.) . ~, . . LAW OFFICE OF acqueline M. Verney ;i.... 44 S. HANOVER ST. . CARLISLE, PA 17013 . (717) 243.9190 . FAX (717) 243-3518 . . . JAN 11 ZfJUfJffJ: , >' SHEILA M. GROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW DAVID L. GROSS, : No. 2000-198 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, after consideration of the Emergency Petition and pending the conciliation conference, the parties shall share legal custody of the children, Kaitlin Gross, DOB 5/10/93, and Shelly Gross, DOB 6/13/95, and Respondent shall have primary physical custody ofthe children with Petitioner having visitation as agreed upon by the parties. Physical custody of the foster child, April Bishop, shall remain with Respondent. By the Court, J. ., -, , SHEILA M. GROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID L. GROSS, No. 2000-198 CIVIL TERM Defendant : IN CUSTODY RESPONSE TO EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, David L. Gross, by and through his attorney, Lindsay Dare Baird, Esquire, and responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admi tted. 5. Admitted in part and denied in part. Paternal grandparents' home has been inspected and approved by Cumberland County Children and Youth Services. 6. Admitted in part and denied in part. Respondent advised Petitioner of his concern and the potential outcome on many occasions. 7. Denied. All children have sleeping accommodations. 8. Admitted in part and denied in part. Respondent has encouraged specific visits and general visits which Petitioner has taken advantage of only on limited occasions. 9. Denied. Cross-dressing was participated in by both parties as part of their private interactions with one another and did not involve the children in any manner. 10. Denied. Respondent requests that the number of farm animals be reduced to such an extent that will permit Petitioner to spend quality time with her family. 11. Admitted in part and denied in part. Respondent works forty (40) hours each week on an average. Respondent does spend quality time with the children. Paternal grandparents are assisting in the care of the children and provide necessary correction to the children in an acceptable way. ._, . -,' . ~ 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. Strict proof of emotional harm to the children is required. Children should remain with Respondent until such time as petitioner receives required assistance with her substance abuse problems. 16. Denied. See paragraph 15. 17. Admitted. WHEREFORE, Respondent requests that the children remain with him at the paternal grandparents' home until a conciliation conference can be held or until further order of court. Date: January 13, 2000 Respectful~bmi.tted' \~. , ~~~(~~~ i indsay Da Baird, Esquire Attorney or the Respondent 37 South Hanover Street Carlisle, PA 17013 717-243-5732 ::> I , . , () Q I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~4904 relating to unswom falsification to authorities. ~ ~ David L. Gross, Plaintiff ., """I~-' ii I".' ii' " 1'1. :i' ii j. ("""; , j \- - .. '..~ t.~"'\ '-<.", ,""t'"""_ "~"'1"\W!ffl~ g 0 <lQ 0 -n s: ...... .-1 -00:' :'-' :r.." rnrn :;;:: t-np Z:I:J -'-'e) ~s:. -71 w -'~ ; ~E: ~Q -u :r: .+1 ;:Jl: f"J"- J:>() .,;c~_C) ;?;o .~ o.rn J:>c: .:c; ~ -,~ Ul ~ ....1 '< -- " " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SHEILA M. GROSS, Plaintiff : 2000 - 198 CIVIL TERM DAVID L. GROSS, Defendant : CUSTODY ORDER OF COURT AND NOW, this ;).} tit day of f'/l."'7J ' 2000, upon consideration of the attached custody stipulation with respecttothe parties' children, Kaitlin Gross, born May 10, 1993, and Shelly Gross, born June 13, 1995, the terms of the stipulation are entered as an order of court. BY THE COURT, ~ ~ 411JoJ j-~1-2~ 1?k.s J. Lindsay Dare Baird, Esq. 37 South Hanover Street Carlisle, PA 17013 Attorney for Defendant Jacqueline M. Verney, Esq. 44 South Hanover Street Carlilse, PA 17013 Attorney for Plaintiff -,,0_.' ., "'""""<~~~'fir' ~.~~""=-=.~' ~-I~~ a.l>!llll<<lr',,......J.u,I;/;lIdlIAIII.. ,", - '. ~ ..- "'-'~...-~- - I, I' I I I':' i ~;: FiLEO-ofF1CE (,e .C' ". "''1(''''[ ,~, '<)-ARY 'I ~ rr ;- ~'i.J', (-~I,)j'<L I 00 t{ ''I 2[, nH, ,.' I\}; 9: \ I.} I I [ e"UI' """,, "") I '''' 'I"ry' , ',i,"',<-I-'-c't'.."", ,1 lu\' . . _ __1, .. ".. ....' .~, ~ I PENNSYl)/;\\'\\f\ " ~. . .~ SHEILA M. GROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CIVIL TERM : 2000 - 198 DAVID L. GROSS, Defendant : CUSTODY STIPULATION FOR CUSTODY STIPULATION made this ~1t{I/ day of lW~ ,2000, between Sheila M. Gross, hereinafter referred to as Mother, and David L. Gr s, hereinafter referred to as Father. WHEREAS, the above-named Mother and Father have the following children born on the following dates: NAME Kaitlin Gross Shelly Gross BIRTH DATE May 10,1993 June 13, 1995 AND WHEREAS, the above-named Mother and Father desire to enter into a Stipulation as to the custody of the above-said children. NOW, THEREFORE, in order to effectuate the above purpose, the above-named Mother and Father hereby stipulate that:: 1. The parents shall share legal custody of the children. 2. The Father shall have primary custody of the children to include the second and fourth weekends of each month. 3. The Mother shall enjoy periods of partial custody as follows: a. The first, third and fifth (should there be one) weekends of each month on Saturday and Sunday from 8:00 AM until 4:00 PM. b. Mother shall enjoy one overnight weekend each month beginning Saturday morning until Sunday evening to commence when her home is safe and clean. c. Mother shall enjoy one evening each week beginning after school until 8:00 PM. 4. The Mother shall have partial custody of the children Christmas Eve through midday on the 25th for the year 2000 and every even year thereafter. 5. Father, having had the children for Christmas 1999, shall have the first part of Christmas on the odd years. 6. The second half of Christmas shall begin midday on the 25th and go through the 26th. Mother will have the second half of Christmas on the odd years and Father on even years. 7. The parties agree to split the holidays throughout the remainder of the year so that Mother and Father are guaranteed a block of time for each holiday. '1;'. ~ ~ ,. " c' ~ , 8. The parties agree that any overnight periodS of partial custody with Mother are contingent upon Mother's continuing sobriety. 9. The parties agree that expansion of the periods of partial custody may occur as Mother's sobriety continues. TO THIS PURPOSE, The parties hereto intend to be legally bound by the terms of this Stipulation and desire to have the Stipulation entered as an Order of Court. ~ J/d, )J'/, m~ Sheila M. Gross, Mother O~/~ David L. Gross, Father . , :! i :1 :1 I, i~ il I I i I I .: , ......~- ~""~" ,_." n > ~ " . _""~~'~'fll!Il-"1/jlj!'l!;:h'_~II!liIlIlIl~ n CO 0 0 -n .~ :;: :::'J ':'..:-""'" ~ 11 ~"- --;l~ fT1 N :~,~ CJ r-...) :'") l_} ~-o ~ ;J ~l" c' ~~~6 c ::? ;-~i'-: .."' :=; /.. :,.) CO> :0 -.-\ .;:- '< .-<. ,~_"",~"~/JJW. ..,.,-., '"~~