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Home My WebLink About00-03735 'f'f.:t::t::t::t::t: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;fiF.:t:'f _J___ '~-~ '-"", "--,, ~ --,' ' " '-.1 -". . . .. . :t::t::t::t:~:t::t::t: :t:~~~~~ ~~~~;+:~ :t:~'f~'f~'f~~~ ;+:'f'f;+:~ ;Ii;f. ~ ~ :Ii ;+: ;Ii:li :ti ~ ~ +;f. . . . + + + + + . . + + + + + + + + + + + + . . + + . + + + . . . . . + + + + + + + + + + + + + + + . + . + + . . . + + + + . . . . . + + + + . . + . . . . . . + . + . + + . . + + . . . + + + + . + + + . + :ti'f ;+::ti'f 'f:ti~'f:t:;+:;+::ti:t:~:t:~:t:'f;+::ti~'f :ti'f~;+:;+::ti~:ti :t: :t: ~:t:~:t:~'f 'f:ti:ti:ti~:t::t:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ('hri~t-ophpr M. (.;rovp. No. 2000 3735 01;:l i nt-i ff VERSUS rrr;:l(",PY R. Grove Dp.fp.noant DECREE IN DIVORCE AND NOW, fV/. ~ .::t' '0:5),..". ;OO'f, IT IS ORDERED AND Ie, DECREED THAT Christopher M. , PLAi NTI FF, Grove AND , DEFENDANT, rrr;:l(",PY R Grovp ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURiSDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Nonp BY ATIESTd ~ ~~ ~ - - - -'ROTHONOTARY . .. + , " ~ ~- '. J. , ..~ ~ :>3 . . ''Ii ""4 . Q p .]./; ,~- a;7' L'~ pt.~~ ;=:~, -3-n'~'I 'J7~ ~ z; 4~ I I I , .""~,~ - ~~....'" ^' "",," .,. - ~ ~, _- ,f"'""",,__"_ ~--", ~ , . ,- -"""", ^'"'. ~'="""""'(;1 CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION - LAW NUMBER: J(J1J- 373)' CIVIL TERM TRACEY E. GROVE, : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annuhnent may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cnmberland County Courthonse, One South Hanover Street, Carlisle, Pennsylvanill, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE Tms PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE PA 17013 (717) 249 - 3166 ~()iU~ Sally J. W' der, EsqUire Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East Kiug Street Shippensburg PA 17257 (717) 532 - 9476 C., .' ~ ~',,!. CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION -LAW NUMBER: ~. 37.3~J CIVIL TERM TRACEY E. GROVE, : IN DIVORCE Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, CHRISTOPHER M. GROVE, by and through his counsel, Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is CHRISTOPHER M. GROVE, who currently resides at, and whose mailing address is, 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania, since January 13, 1997. 2. Defendant is TRACEY E. GROVE, who currently resides at, and whose mailing address is, 307 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania, since June 09, 2000. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 13, 1997 at Orrstown, Franklin County, Pennsylvania. 5. There have been no prior actions of \Iivorce or for annuhnent between the parties. ',',j";;;" 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY The averments of Paragraphs 1 through 8, inclusive, of Plaintiff's Complaint, are incorporated herein by reference thereto. 9. Plaintiff, CHRISTOPHER M. GROVE and Defendant, TRACEY E. GROVE are the natural parents of one minor child, EVAN A. GROVE, born August 26, 1997. " ",,, --. ";&' 10. 3. Plaintiff, Father, seeks primary physical Custody of the minor child, EVAN A. GROVE, born August 26, 1997. The child is presently in the custody of the Plaintiff, Father, CHRISTOPHER M. GROVE, residing at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 11. The child was not born out of wedlock. 12. The child presently resides with Father at 20 Town Mills, Shippensburg, Pennsylvania, since mid-February, 2000. Since birth, the child lived with both parents at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania until Mother moved out Apri120, 1998. The child resided with mother and several other persons at 150 Shippensburg Mobile Estates, Shippensburg, Pennsylvania, until mid-February, 2000, when he went to live with Father at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 13. The mother of the child is TRACEY E. GROVE, presently residing at 307 Shepherd Lane, Shippensburg, Pennsylvania. She resides with a boyfriend. 14. The best interest and permanent welfare of the child will be served by awarding primary residential Custody of the minor child to Father, because he has been the primary custodian and provider of all needs for the child since mid-February, 2000. Mother has shown little interest in the nurturing and care of the child since that time, as evidenced by her lack of care for the child. Father believes and therefore alleges that Mother is an alcoholic and that because of her alcoholic behavior, is incapable of properly caring for the child and providing a safe and healthy environment for him. '" 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. 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. WHEREFORE, Plaintiff requests the Court to grant primary physical Custody of the child to Father, subject to limited visitation in Mother, provided that she is not consuming alcohol and that she does not appear to visit with the child under the influence of alcohol. Respectfully submitted, Date:~ SaII~e~~~~ AttorneyJor Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 - - . -~ .~ _"h, ~M-" VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: r;),,,/@ I ( el,~ -1L ,1/h?AfU CHRISTOPHER M. GROVE . I. ~~"t'''' CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: (JfJ - 3 735" CIVIL TERM TRACEY E. GROVE, IN DIVORCE Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit with twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 20, 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsifications to authorities. ~/}[ ~ CHRI TOPHER M. GROVE ,- , ~ ~~ , . - , '''1 i I . . CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: 2000- CIVIL TERM TRACEY E. GROVE, IN DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF TIlE DIVORCE CODE 1. Check either ( a) or (b): _ a) I do not oppose the entry of a divorce decree. _ b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two/three years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. Section 4904 relating to unsworn falsification to authorities. Date: TRACEY E. GROVE NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter- Affidavit. ",''',n -" . .,. .-r_- . ;,_~_ " 'c'....- _'" ii" CHRISTOPHER M. GROVE, PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW IN DIVORCE NO. 2000-3735 TRACEY E. GROVE, DEFENDANT CERTIFICATE OF SERVICE I, Suzanne H. Rhodes, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Praecipe to Enter Appearance on Sally J. Winder, Esquire, at 9974 Molly Pitcher Highway, Shippensburg, PA 17257, by depositing a copy of the same in the United States mail, First Class, postage prepaid, this _ day of April, 2003. ~'fJ~ 11. 12h~ Suzanne H. Rhodes Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 iIiIlIi.:"- s~ " " v~_. ~ '" .1 (') C z ""Uti; lTtm ;';::1:' L..C ~~. ~...) ~"-) :Pc ~ -< -"_"',,1 c w C' J -n "'" -0 ?.:.J ~, ,J:) ....J -u Z ~-~ ".-~(~) ,...;- -~"-j ~~~,~~ u -l "> :0 -< '-:? N CP CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 cNIL TERM : IN DNORcE ACCEPTANCE OF SERVICE Pursuant to Pa.c.R.P.1930A, I accepted service of the divorce complaint, on or about June 23, 2000. Date: ..3- / -()Lf 10358 Possum Hollow Road Shippensburg, P A 17257 ,;;;",' , ~"~".="~"'""~~ ~, " '"~ !i.lliil<r~C'"' ~,"-"" - /:;{5 Hi- ... -'.~," (") c >'"' ;f~ FF~ ~:;: ~.-~ (~S::. f:~i'::';:" ~~1 :3 ~ I'-> = = .r" =t ;:c.. :;;0 o .., ~ ::r Hir, r -elm :00 0' --10 :J:.':r.i 0'J1 70 ern 0-{ '" :t.) .< N 'V ::r: r:? Cl ..,.. , ~~'" . "'. I ~"' CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Christopher M. Grove, by and through his attorney ofrecord, Sally J. Winder, Esq. Defendant intends to file with the court the attached Praecipe to Transmit Record on or after December 29, 2003 requesting that a final decree in divorce be entered. Date: January 28, 2004 carlesha R. Green Certified Legal Intern ,-w&L Lucy 0 ton-Walsh, Esq. Anne acDonald-Fox, Esq. Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ........_j,~!lhl&2il~!~~UiliM~~1 , ,l~",:<:~!!i'~ ~~r~!~'''_'''"'- .--.; e? #c. ~.,,*'~ .,. 'OlIIIiIllIi1l!8llij""'~~" 'Jl '1i1lIiIIi' 1l11lliiilliiW, I i= -~-- !::;6 ~~ .... - ~ <- -~ N CD -0 X Q - ., ~ '< ,r,..) Co) ~C~ CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE CERTIFICATION OF SERVICE I, Carlesha R. Green, hereby certify that I am serving a true and correct copy of the Praecipe to Transmit the Record and the Vital Statistics form to Sally J. Winder, Esq., the attorney of record for the plaintiff, Christopher M. Grove. I am doing do so by first class United States mail, at the following address: Ms. Sally J. Winder, Esq. 9974 Molly Pitcher Highway Shippensburg, P A 17257 Date: March 12. 2004 carlesha R. Green Certified Legal Intern Staff Attorneys F AMlL Y LAW CLINIC 45 Pitt Street Carlisle, PA 17013 (717) 243-2968 ...~ ,,~ """~*'=~~~~;Ii~~"'"" .... ~Jir!j!IIIlI!!Il;ili1il 1:0 b?? ."." -'''''''j ,,-',h~ 0 "-' = 0 c :? " j~T~~ p~ :Jl: :2.." """ ,.<"-,'" :::0 inp "-'.'. -om .. -'y ,~~ N 0 C-- :::;jQ .~ -v ~" J> (:)::0 .L f'~, - ":".JI!CJ )>;=-:. ':i' CSfTl /'...': :,:-1 ~~ 0 ~ --'. -..! -< , __>. _._c - "..J",-, _," CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: L Ground for divorce: irretrievable breakdown under g 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: the complaint was served upon Defendant by first class United States mail on June 19,2000. 3. Date and execution of the affidavit of consent required by g 3301(d): June 19,2000; Date of filing and service of the plaintiffs affidavit upon the defendant: the plaintiff's affidavi~ was filed along with the complaint on June 19, 2000 and was served upon Defendant by first class United States mail on June 19, 2000. 4. Related claims pending: none. 5. Date and manner of service of the notice of intention to file which is attached: ~~~~ .- Date: March 12. 2004 carlesha R. Green Certified Legal Intern Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ~'" ':'"<- ,',. '. .~~ ~,- i""='-.u"':&ir'~~""~"'''''_'~~ ,,,-,,,, . ,~ "tiIi~ -. ~ ~", n f~:;: ~ <- 1;\ ~~0 ~e t5 ~ ^,., "" = = J:'" ::lJ:: """ :;0 o -" :r f!1-.:D ,.,.. -urn :Oy ~O ....",-~', r:, -H ~() Om ;:::-1 :'1.1 -< N CJ ~-= ~'i' CJ ~ " ""< ,"'~ O';~;,~ ,"c>, "c,. .,; CHRISTOPHER M. GROVE, PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW IN DIVORCE NO. 2000-3735 PRAECIPE TO ENTER APPEARANCE TRACEY E. GROVE, DEFENDANT To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Tracey Grove, the Defendant in the above captioned matter. OF ~C;/ 2003 ~1]tJt./L4U- H. /2h o~ Suzanne H. Rhodes Certified Legal Intern ~0a90-- R ERT. S LUCY JO SON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 ',' -,-,..-".,,"~ ~~ . 'lLiIIU.jj"'~~"' .~~.. 1>. ~9~ 1aIiil" , , ,,- ,~ -.,j .~ (") 0 0 c W -n $:'. "'" ~.:;.:J . "0:; -u ;~,~ :T.J rnr: ':;""0 'r Z:1:'~ N "..~m Z~- 'iX UJ>; \.D ,~)( -<L .:.~J~\~ t<C' ~O ",'c:::-fl ];C;. ::r; I,j.(~ ....-C.., Y 1<<;:rn :$C "''''''- ;:::1 C,,- 1''' ,~ ~ "0 .< (P :< 11\ ~ ' . "'-,. ':';""""' .' .". ~' ," CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE CERTIFICATION OF SERVICE I, carlesha R. Green, hereby certify that I am serving a true and correct copy ofthe Praecipe to Transmit the Record and the Vital Statistics form to Sally J. Winder, Esq., the attorney of record for the plaintiff, Christopher M. Grove. I am doing do so by first class United States mail, at the following address: Ms. Sally 1. Winder, Esq. 9974 Molly Pitcher Highway Shippensburg, P A 17257 Date: Februarv 25. 2004 I I Ii I -~I Lucy on-Welsh, Esq. I Anne acDonald-Fox, Esq. !' Staff Attorneys F AMIL Y LAW 'CLINlc 45 Pitt Street Carlisle, PA 17013 (717) 243-2968 Carlesha R. Green Certified Legal Intern ~ -' , > I ,;." ~ ~', " _llliIIBiirlifir~II!tll!hlIi!!i1_ ~ . ~ ..~. .....~ ~, "' "":,,UJ co r--> 0 = c:: c> -" '5: -"'" "'Dc::' ...., ...; Syq:,: r:'1 ~.:r.\ CO . ~- :Z:.t-. 4;'}fT1 (f'))':'. c;:J :-1:ly -<:,' ~O, [::C..: ~1" ..,~, ~~~!. :t'" {2'8 :r~ <? 5l~n -;.... -, ::::j 0) 2~, ~J -<. -.l -< " ~ , ~ , ,- ,.;',;1, ; ;'.y,'" , , ,.. CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- LAW TRACEY E. GROVE, Defendant : NO.: 00-3735 CIVIL TERM : IN CUSTODY CUSTODY MEMORANDUM OF PLAINTIFF I. FACTUAL BACKGROUND Plaintiff. Christopher M. Grove is the father of Evan A. Grove, age 4, and currently separated from the Defendant Mother, Tracey E. Grove. Mother left the marital residence and moved in with a boyfriend, Christopher Eutzy, taking the infant Evan. Mother has another son, Gage, who is in the custody of Christopher Eutzy. While living with Mr. Eutzy. Mother began a pattern of abusing alcohol and prescription pain medication and exhibited an attitude of not caring for her children, abandoning their needs and providing little or no supervision while they were in her care. In February 2000, the Shippensburg Police were called to the home of Christopher Eutzy because ofMother's drunken and violent behavior upon her return to the home from an evening at the bars. As a result of this incident. the Plaintiff Christopher Grove was called to come get Evan at Christopher Eutzy's residence. Since that evening, February 2000. Evan has been in the primary physical custody of his father. Christopher Grove. Evan lives with his father and father's girlfriend at 20 Town Mills, Shippensburg. Mother visited with Evan on alternating weekends after February 2000. but usually only for several hours at her Mother's house and did not take responsibility for caring for the child, or have him overnight until approximately June of 2000. During the Summer of 2000, mother regularly visited with Evan and had him overnight. Because ofMother's instability failure to supervise Evan and her frequently of bars at night Mother did not exercise visitations for a period of time. I !.1__, ".,-., ^'" . " ~., " , In November 2001. Mother walked into Father's residence while he was at work and took the child refusing to bring him back. Mother agreed that Father should be the primary custodian of the child but refused to peacefully return him to Father. Father went to Mother's residence and took Evan. Mother filed a Protection from Abuse Petition which was later dismissed and Evan was placed in Father's custody by Order of Court dated December 28, 2001. The Custody Conciliator then entered the current temporary Order. It is Father' s understanding that Mother is currently under a DRO order to find fulltime employment and pay support for her other son, Gage Eutzy who is the custody of Christopher Eutzy. II. NAMES AND AGES OF THE CffiLDREN. Evan A. Grove, born August 26, 1997 m. PROPOSED ORDER FOR RESOLUTION. Father requests that an Order be entered for primary custody of the child in Father. Mother should be entitled to alternating weekend visitation so long as she is not consuming alcohol and her psychological depression does not endanger the child. IV. NAMES AND ADDRESSES OF FACTUAL WITNESSES. I. Christopher Grove, 20 Town Mills, Shippensburg, Pennsylvania, will testify concerning the relationship between himself and his son Evan. He will testify as to his ability to care for the child and his availability as a full time parent and his participation in the child's life and the desire of the child to stay with him. He will testify concerning the Mothers apparent inability to maintain a stable home including her frequent moves and her alcoholic behavior as well as her apparent depression. He will further testify that Mother has always acknowledged to him that he should have primary physical custody of Evan. .' -~ " L -,=,;." ~ ,~..' -' -' -' "' -' . . " 2. Christopher Eutzy, Shippensburg Mobile Estates. Shippensburg, Pennsylvania, who will testify concerning the circumstances of Evan going to live with Christopher Grove and the behavior of Mother in failing to provide for Evan as well as her problems with alcohol and pain medication. Christopher Eutzy was present in December 2001 when Father got Evan back and can testify concerning those matters. Further, Christopher Eutzy will verify that Evan was at Linda Moser's residence on alternating weekends and that Tracy Grove did not regularly have Evan overnight. He can also verify Tracey's frequent moves and apparent inability to maintain a stable home life. 3. Linda Moser, Three Square Hollow Road, Newburg, Pennsylvania will testify concerning the relationship of Evan with his father and her attempts to influence Mother, Tracey Grove, behavior so that she could exercise visitation with Evan as a responsible parent. Linda Moser, Tracey Groves' mother. will testify concerning Tracey's lack of concern and supervision of the children. She will testify that she was worried about the physical well being of the children because their mother would not get out of bed in the morning and take care of them or provide meals for them. She will testify that Tracey could not maintain a stable home and that she moved about and therefore could not provide for the children's physical or emotional well being and nurturing. She will testify as to the excellent relationship between the Father, Christopher Grove and the child Evan Grove. 4. Mark. brother of Linda Moser. will testify as to the good relationship between father and son, Evan and the good care and nurturing provided by Christopher Grove. He will testify as to the relationship between the mother and the child and her inability to care for the children or properly nurtured them. V. NAMES AND ADDRESSES OF EXPERT WITNESSES. None '.'.. '" ,', . VI. LEGAl. AND FACTUAL ISSUES. The primary issue is the extent oftemporary custody of the Mother and the mother's ability to properly care for the child. Father has been exercising primary physical custody of the child and is capable of continuing. VII. ESTIMATED LENGTH OF HEARING. One-Half (l/2) day. VIII. NEED FOR HOME STUDY. Plaintiff reserves the right to request a home study if it appears that Mother is seriously depressed and a danger in any way in caring for the child. IX. NEED FOR PSYCHOLOGICAL EV AI.UATION. Plaintiff does not request a psychological evaluation at this time, but may request evaluation at a later time. Respectfully submitted, ~~W~ ALLY. WINDER 701 E. KING STREET SHlPPENSBURG, P A 17257 (717) 532-9476 ,~ ~ " ,~ "j<$!bj .. ",-. CHRISTOPHER M. GROVE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3735 CIVIL TERM TRACEY E. GROVE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of March, 2002, after hearing, it is hereby ordered as follows: 1. The parties are awarded joint legal custody of their son, Evan Andrew Grove, born August 26, 1997. 2. Father shall have primary physical custody subject to periods of partial physical custody in Mother as follows: A. Every other weekend from Friday at 8:30 a.m. until Monday after Father's work. The weekend to correspond as nearly as possible with the weekends that Gage is at Mother's home. B. If Mother is not working and is available, every weekday from 8:30 a.m. until 5:00 p.m. or until after Father's work, whichever is later. C. The periods of partial physical custody shall commence by Mother picking the Child up at Father's home and shall end with Father picking the Child up at Mother's home. 3. In addition to the above, Mother shall be entitled to additional partial custody as follows: A. Mother shall be entitled to have the Child on Easter and July 4th in even-numbered years and Memorial Day and Labor Day in odd-numbered years. Said periods shall be from 9:00 a.m. until 6:00 p.m. "-1" " .." . "' '.. !':" ,'~ 02 I{~r:':: 2 " ;\ ~)TARY t'I" \1' ,~J l'.~! t. {_ 4 CUivttjd:';lj...~ "iL! C~OUNTY PEiI,J:NSYL\/ANiA ""'W!I'II~~, .-> .'"" ,.," ,~' 1t1ill'il~~ft~@!Iffi'~'P;~~~@!~~WlI'ilf,~J!l,.-......, ~.r,. ,~~ '<11:1" . ~, ,'" . . B. Mother shall be entitled to have the Child from Christmas Eve at 4:00 until Christmas Day at noon in even-numbered years and from Christmas Day at noon until December 27th at 5:00 p.m. in odd- numbered years. C. Mother shall be entitled to have the Child from the day before Thanksgiving at 5:00 p.m. until Thanksgiving Day at 1:00 p.m. in odd-numbered years and from 1:00 p.m. on Thanksgiving Day until 5:00 p.m. the Friday after in even-numbered years. 4. Notwithstanding anything in this order to the contrary, Mother shall have the Child on Mother's Day and Father shall have the Child on Father's Day. Those periods shall be not less than from 9:00 a.m. until 5:00 p.m. 5. Notwithstanding anything to the contrary herein, each party shall have two nonconsecutive one-week [7 day] periods of uninterrupted time with the Child each summer. Mother may pick the first week, Father the second, Mother the third, and Father the fourth. The parties shall give each other at least 30 days notice of the times they wish to exercise the uninterrupted 7-day visitation period. This Court shall maintain jurisdiction. Sally J. Winder, Esquire Attorney for Plaintiff Joan E. Carey, Esquire Attorney for Defendant ~ ).)1_0.2., ~ ~ srs M" , '"~~,_. """ilirliia'ng, CHRISTOPHER M. GROVE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 00-3735 CIVIL ACTION LAW TRACEY E. GROVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 25,2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any aud all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq. 61M Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I" ,"'~ ~ "~,~. '~ , / '~'d).. ) .~ '?J;J- / i 1i!J.) MIl .~~"",,,,,.~ . OF T" c~ ., \"1 e, 0..: ~k,\ ,. Q \"1',J ,;. \-1 ClI LO , CUMBEhUl,jD CQU~ITY PENNSYl.)!i\NIA , W-~;'if~ z4~~ 7!rltM ~ &~. . ~~~ fr~~~' ~~\lji!'Wf_ ".,IlI'l'l!~~'ml!!iF.!."m~~"''ll.W<'\F'~r;"r-f'P!''-'~,,!ilN~'"''"''1li'IWJ_!r'imm!iffi!~;~l.M\",",.,~~~ - ~ , l:"fi C5\ DEe 2 8 2001 pJl CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: 2000 - 3735 CIVIL TERM TRACEY E. GROVE, IN DIVORCE Defendant ORDER OF COURT AND NOW, .2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at . on the day of , 2000, at _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. Forthe Court, By: Custody Conciliator YOU SHOULD TAKE TillS 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 " . ^.~ " "<~" , " " ,;; . ~ '''''''~O< ,',I ., . . CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs : CIVIL ACTION - LAW c;) yc5 ~'O ' , NOTICE TO DEFEND AND CLAIM RIGHTS ~F~ :>: ~r-'~ J> C:: - - ~l -, > You have been sued in court. If you wish to defend against the claims set forth ~ theiiollo~g pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annuhnent may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. Defendant NUMBER: ~CW-3735" ~, ~'RM -onJ ~ =-- ";' : IN DIVORCE ~S:i .,',- ~S;~ \~ <.' TRACEY E. GROVE, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE PA 17013 (717) 249 - 3166 ~/()iU~ Sally J. W' der, Esquire Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 - . ''"' "~, ~'I . . CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION - LAW NUMBER: CIVIL TERM TRACEY E. GROVE, : IN DIVORCE Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, CHRISTOPHER M. GROVE, by and through his counsel, Sally J. Winder, Esqnire, and represents as follows: 1. Plaintiff is CHRISTOPHER M. GROVE, who currently resides at, and whose mailing address is, 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania, since January 13, 1997. 2. Defendant is TRACEY E. GROVE, who currently resides at, and whose mailing address is, 307 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania, since June 09, 2000. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 13, 1997 at Orrstown, Franklin County, Pennsylvania. 5. There have beeD DO prior actions of divorce or for annulment between the parties. .. . > - .'.' 1illIilH", 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and ofa list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY The averments of Paragraphs 1 through 8, inclusive, of Plaintiff's Complaint, are incorporated herein by reference thereto. 9. Plaintiff, CHRISTOPHER M. GROVE and Defendant, TRACEY E. GROVE are the natural parents of one minor child, EVAN A. GROVE, born August 26, 1997. . . - \'-, ~ '" " 10. 3. Plaintiff, Father, seeks primary physical Custody of the minor child, EVAN A. GROVE, born August 26, 1997. The child is presently in the custody of the Plaintiff, Father, CHRISTOPHER M. GROVE, residing at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 11. The child was not born out of wedlock. 12. The child presently resides with Father at 20 Town Mills, Shippensburg, Pennsylvania, since mid-February, 2000. Since birth, the child lived with both parents at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania until Mother moved out April 20, 1998. The child resided with mother and several other persons at 150 Shippensburg Mobile Estates, Shippensburg, Pennsylvania, until mid-February, 2000, when he went to live with Father at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 13. The mother of the child is TRACEY E. GROVE, presently residing at 307 Shepherd Lane, Shippensburg, Pennsylvania. She resides with a boyfriend. 14. The best interest and permanent welfare of the child will be served by awarding primary residential Custody of the minor child to Father, because he has been the primary custodian and provider of all needs for the child since mid-February, 2000. Mother has shown little interest in the nurturing and care of the child since that time, as evidenced by her lack of care for the child. Father believes and therefore alleges that Mother is an alcoholic and that because of her alcoholic behavior, is incapable of properly caring for the child and providing a safe and healthy environment for him. "" -. '. ,,,; ".~' ~ , , , 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 16. 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. . WHEREFORE, Plaintiff requests the Court to grant primary physical Custody of the child to Father, subject to limited visitation in Mother, provided that she is not consuming alcohol and that she does not appear to visit with the child under the influence of alcohol. Respectfully submitted, Do"~ sw~e~~~~ Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 . , ^'^'. ~" 'L, . .. , , VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~/,,, I UD I ( fi/~- -1L J!! h?HlU CHRISTOPHER M. GROVE "I , , Z'.' ; CHRISTOPHER M. GROVE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :NO. 00-3735 CNIL TRACEY E. GROVE, Defendant :IN CUSTODY Pre-Hearing Memorandum of Defendant I History and Issues Tracey Grove, DefendantIMother, and Christopher Grove, Plaintiff/Father, are the parents of Evan Grove DOB 8/26/97, the child who is the subject of this case. The mother and father resided together from Evan's birth until their separation in April of 1998. The mother established a residence for herself and her two children, Evan and his stepbrother, Kye Cleaver, DOB 3/28/95. After approximately seven months, the mother reestablished a relationship with Chris Eutzy and she and her children moved into his residence. They had a son, Gage on June 6, 1999. Until February of 2000 the mother had primary custody ofthe three children. She currently has primary custody ofKye and periods of partial custody of the two younger children. The mother was Evan's primary caregiver from his birth until February of2000, when his father took him into his custody saying that it would be a temporary arrangement. Around this time the mother was working through the stress she faced including a deteriorating relationship with Chris Eutzy, all the responsibilities of homemaking, a full time management position, and raising her three sons, Kye and Evan, and Gage. The mother sought medical treatment for the stress she was experiencing. While she did drink socially during this period, the children were with her mother or Chris Eutzy and they were not adversely affected. After February of2000, Evan's father initially, kept his agreement that the mother would have custody of Evan on a regular basis. In June of 2000 the mother left Chris Eutzy. She and her child Kye lived with a long time friend of the mother (now her fiance), Charles Denver Cavins from June of 2000 through the present except for approximately one month in 2000 and one month in 2001, when the mother and her children resided with the maternal grandmother. In November of 2000 the father unilaterally restricted the mother to contact with their I,~ ' '~~"~Wi son, Evan, only at her mother's residence unreasonably denying her quality overnight periods of custody at her residence. By December of 2000 after the mother retained legal counsel, Evan was again spending regular weekends including overnights with the mother at her home. Again in the early summer of 200 1, however, the father unilaterally and unreasonably denied the mother contact with Evan. This time, in spite of the mother's requests to have Evan pursuant to the agreement, the father refused to let her have Evan for five months. The mother discussed this matter with an attorney, but she could not afford the additional legal fees necessary to litigate the matter. The father continued to be intractable refusing contact even for the holidays. In November of2001, the mother went to the father's residence, where her son ran to her and said he wanted to go with her. Evan was happy to be with the mother and his brothers where he remained until December 10,2001. The mother contacted the father and requested that they get a Court document setting out a custody schedule since she did not feel that it was not in Evan's best interest to be denied contact with her. The mother told the father that she did not want to deny him contact with their son, but that she feared returning him to the father until an order was entered based on his past arbitrary behavior which she felt adversely affected Evan. On December 10,2001, the father and Chris Eutzy assaulted the mother in the presence of the children, grabbed Evan from her and left with him. The father and Chris Eutzy were fined for harassment. The mother filed a Protection from Abuse case and while the court dismissed that matter, Judge Hoffer, entered a temporary custody Order granting mother custody every other weekend. After a conciliation conference the mother's custody rights were expanded to include every Monday and Wednesday when she has Evan from 8:30 until 5:30. The father has agreed to let the mother keep Evan overnight on Sundays when she has custody. The mother is a fit parent who has had primary custody of her son Kye since his birth, of Evan from his birth until February of 2000, and ofOage from his birth until June of2000. She has maintained regular partial custody of the youngest child from 2000 until the present. She has also had regular periods of partial custody with Evan except during those periods as stated above when the father refused to let her see her son. Any stress the mother had experienced has been resolved and she continues to be a fit parent who can provide for the needs of her children, in particular Evan in the instant case. Besides the fact that the mother has established a home and an environment suitable for all of her children, she is in the process of establishing a childcare business in her home and is available during the day to provide for her children as well. The mother has been a supportive and loving presence not only for her children, but she also volunteers as a Den leader with the Cub Scouts. The mother works closely each week with her son Kye and the three other children each week, striving to instill leadership and character into the children. " ,. L =-~ ,,-,"~;tji-o , The mother is the parent who can best facilitate contact with the child and the other parent. She is requesting that the court grant her shared legal and physical custody of Evan. She would like him to be in her custody every other week. Additionally, during the father's weeks she would like EVan in her custody each day from 8:30 until 5:30. The mother would be flexible such that she and the father could agree to change the schedule as they may mutually agree. II Witnesses This list includes, but is not limited to, the following witnesses: I. Tracey Grove, Defendant Defendant, who is the mother of the child in the above captioned case, is to testify as to her relationship with her children and why she believes it is in Evan's best interest to be returned to her primary care. She will also testify as to her concerns about the father's discipline of the child, his intermittent and at times prolonged denial of her contact with the child, and his violence to her in front of the child including the adverse effect this behavior has on the child. 2. Charles Denver Cavins This witness is the mother's fiance with whom she resides. The witness would provide information on mother's ability to care for her children and the relationship of the children to their mother and to each other. He will also testify as to his relationship with the children. 3. Shirley Cavins This witness is the mother of Denver Cavins. She has known Tracey and the children for several years, and has at times provided childcare for the children when the mother and Denver were working. She will testify as to the relationship of the mother and Denver with the children and the care the children receive when in their care. 4. John Eyre, Cubmaster This witness appointed the mother to the position of Den Leader for the weekly meetings of the Tiger Cubs and the Secretary for the monthly Pack meetings. He would testify as to her responsibility as a leader and her ability to work with and relate to the children. (The mother's oldest son Kye is a member of her den and all of her sons have at times attended her den meetings.) - ~;r-,,"'ii;,' ! 5. Debra McKenzie This witness is a parent of one of the boys in the mother's Tiger Den and she will testify as to the trust she has in her as a leader of the children including her patient manner and her skill in working with the children. 6. Michael Franzione This witness, the nephew of Denver Cavins, would testify as to the mother's parenting skills and interaction with her children as well as their relationship with Denver. Defendant reserves the right to call additional witnesses with prior notice. Respectfully submitted, /' an Carey Attorney for Defendant Tra ey Grove MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 I" " .,-- '~ , .' Chrisotopher M. Grove Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Tracey E. Grove Defendant .: NO. 00-3735 CIVIL TERM : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tracey E. Grove to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. Date: '~//I/ Cl;V Jo Carey (Supreme Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 '" , ~~ < ~i!il\Ig~H~Ii~I$"i1i~-tcJi~i~~''''~~-'~''~~imil_ " < 'U'-......"""''''''''"'''i:j;IOdo C"~,~ ~ "' ), \~, (") C uS: /"10:'. t r;'~ 2:"") , Ze: UJ_,.- ~{ ,-- ?C; c:: (::; -C Z ::;J , ""'-, c.::) f'V i;,~: ..". -~ :;;,~'"" ~" ~-, ""']2:: ,~ ,:;rn -,~;~ ':52? ~O C31T; c:::J :6 -< -~ ':n cn 65, {?kJ 1M - ',,--"~, ' '--'-'->.,'',-, ".""~" '., h'., ""0 ,,' ~'" ,_', ~"" _ - , - ,_ _ ."~. .. .. JAN 2 9 2002 ~~ CHRISTOPHER M. GROVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRACEY E. GROVE, Defendant NO. 00 - 3735 CIVIL IN CUSTODY COURT ORDER AND NOW, this~/ S{y of -.1J1:t,IJ.UAJ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing ~ scheduled in Courtroom No. ~ of the Cumberl~d County Courthouse on theL&""thday of /YJARf h ,2002 at I: ad ~.M. At this hearing, the Father shall 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 the history of custody in this case, the issues currently before the court, each party's position on those issues, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. , ,'; I"~ i 2. Pending further order of this court, this court's prior order of December 28, 2001 shall remain in effect subject to the following modification: A. Mother shall also enjoy periods of physical custody with the minor child on every Monday and Wednesday while Father is at work. Exchange of custody shall be worked out between the parties. In the event the Father is not working on Monday and Wednesday, these days shall be modified such that Mother has at least two (2) days during the week when Father is in fact working. The intent of this provision is to provide Mother with custody of the child during times when Father is at work and Mother is available to provide daycare. BYTH cc: ~y J. Winder, Esquire ~oan E. Carey, Esquire > J. 1:..7w~E.~:d~ v-: L crrUw ~dJ / 01-31-02 R)\3 c ~._ '~. "" ," ,'" ~ ~,o. .".., '~~o" .,.. '*. '. '" ~, '~~ .. ~' v '" -,J, .. ~ ", ~ CHRISTOPHER M. GROVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRACEY E. GROVE, Defendant NO. 00 - 3735 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Evan A. Grove, born August 26, 1997. 2. A Conciliation Conference was held on January 25, 2002, with the following individuals in attendance: The Mother, Tracey E. Grove, with her counsel, Joan Carey, Esquire; Attorney Sally J. Winder who appeared for the Father Christopher M. Grove. 3. This case was previously before Judge Hoffer on a PFA, at which time Judge Hoffer entered a temporary custody order giving Father primary custody and giving Mother custody on alternating weekends. At the custody conciliation conference, there was a dispute with respect to who was actually the primary custodian for the majority of the time prior to the entry of Judge Hoffer's order. There are a variety of issues in dispute between the parties and, apparently, Judge Hoffer really only addressed the PFA issues and did not go into the custody in depth. Regardless, the conciliator is left with an existing order from the Judge. A hearing is necessary because the parties are unable to reach an agreement. Mother asserts she should have primary custody, and Father asserts that he should continue to maintain primary physical custody. 4. The conciliator notes that the Father is employed full time as an automobile mechanic. Mother is apparently not working and suggests that she is able to take care of the child during the day. The conciliator defers to the court with respect to what a permanent order should be in this case. However, assuming there is no problem with the Mother handling the child, it would appear appropriate that the Mother have some contact with the child during the day while Father is working and Mother is home and not working. On that basis, the conciliator is recommending an interim order modifying the prior order, with the interim order to grant Mother some custody during the day on weekdays. ,,'..<.''''~', "~,,'," ""~ ,'''''u ~ "",,",t, k,"""'~--__""" 'r'_"_ .. ,., ~ 5. The conciliator recommends the entry of an order in the form as attached. II 'J~((JJ DATE 061-- Hubert X. Gilroy, Esquire Custody Conciliator '- , ~ CHRISIDPHER M. GROVE, PLAINTIFF : IN THE COURT OF CQVIMON PLEAS V. :CUMBERLAND COUNTY, PA :CIVIL ACTION TRACEY E. GROVE DEFENDANT :NUMBER 2000 -3735 ORDER OF COURT AND NOW, this 28th day of December, 2001, it is ORDERED AND DIRECTED, that Mother, Tracey E. Grove, shall have partial custody of Evan Grove, born August 26, 1997, fran Friday at 5:30 p.m. until Sunday at 6:30 p.m. beginning Friday, Janua:ry 4, 2001, and on alternating weekends thereafter until further order of Court following a custody conciliation to be scheduled in this matter. Father shall exercise custody of Evan Grove at all other times until further S~ Order of Court. Mother is directed to deliver custody of Evan Grove to Father Christopher Grove immediately. By the Court, ~py 9,ve~ +0 8"-111' w,'"d~ cPfY g IVUJ J;M Corel' ~, "'" '" - ~~' '_lilIll~lIIlill!!!ii:,.".-,;:I,m,.m~]':;~il~_Jlii.lflIi_' ,,' '"-"< ~~, ~j ~'- - 0 0 0 c: -n :g: C) ._~ -a CO l"'1 .~c" mn' n j";:\;Td 2:0 N -',; 0::.1 -,?r- .':;'..,.) (j5 2-; 0:> .:=: (':) --< .<:~. !:2C] -0 --,....,.1', >~l 3,: '~~~~ Z"'''- 5>g y? ~ 2 U"l >- ::< ~ (bt , . . ~': RECEnlED MAY 04 2006 BY: _ > CHRISTOPHERE. GR.OVE .' Plaintiff : IN THE COURT OF COMMOM PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-3735CiviITerm . TRACEY Eo GROVE, (Tracey.E. Cavins) Defendant : IN CUSTODY ORDER OF COURT . ~..~. "N\ AND NOW, this ~day ofJn~ the parties, the Court hereby Orders as follows: , 2006, based on the Stipulation of 1. . The parties hereto agree that thebestint~restandcontinuing welfare ofthe Child would be best served with the c~tody arrangement as follows: - " , ~ . (a) Mother and Father will share. legal custody of Child as defined in ~3 Pa. C.S.A. g5302. .., AIld~cisions ilffectingtheChild's gl'owthand development, incl'uding but not limitedtQinedicaltreatment,educatioh,andreligiQus training, are major decisions which Father and Mother shaH make jointly after discussion and consultation with each other. (b) As provided in 23 Pa.C.S.A g5309(a);eachparent shaH have full and complete accesstotheChild'smental, dental, religious and school records. Thisincludesthe names, addresses .and telephone numbers of all medical and other providers. (c) Mother shaH have primary physical custody of the Child. (d) Father shaIlhilve periods of partial custody every other weekend. (e) The holidays will bemlitually agl'eed uponby the parties.' . . (f) Visitation may he. at such other times as the parties mutually agl'ee. ,. :" "'~~' " '~~ '-<':iU,~'h,;' ~' , ." ,..' " 2. Each party shall have reasonable telephone and ecmail access to the Child while the Child is in the custody control of the parent. 3. The parties shall keep each other advised immediatelyrelativeto any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. The. parties shall do nothing that may estrange the C,hildfrom the other party or hinder the nat.ural development of the Child's love or affection for the other party. 4. Ea<;;h party shall not make any disparaging remarks or allow others to make any disparaging remarks- concerning the Child's parents in front of the Child, 5. Any modification orwaivei of any of the provisions of the agreement of the parties shall be effective only if made in writing and?nlyifexecutedwith the same formality of the agreement of the parties. 6. The parties agreethatin making this agreement there has been no fralld,concealmerit, overreaching,~oercion or other unfair dealing on the part of the other. 7. If inclemerit weather conditions precludes the custody exchanges from occurring, the custody will commence the very next weekend or the exchange may occur earlier if agreed uporiby the parties, .8. . The parties hereto agree that this agreement shall be recorded and incorporated into an . Order emorceable by. the Court. . ,0\.0 J. , . I I I I ~~ ~"~ ~~ .. 1M ~,"', ~ , r Ii ,~. . FllED-GrRCE OF THE PROTHONOTARY ZOOGMAY -8 A~lll: 49 C' '~r.'U.1 " "I'" ,,,TV UI.',!:;h:,)I,..J"';'~!..J J."J,-"UPtll' . PENNSYLVANiA ~I!IRI",,=, ~ ~',"IU.:-.,...,~"'P"'_...._q~-.,ll11l__ ,,~_ ~ -"! I ,^ , --11 '" ,l"~ - ;: CHRISTOPHERE. GROVE Plaintiff : INTHE COURT OF COMMOM PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-3735 Civil Term TRACEY E.GROVE (TraceyE..Cavins) . Defendant : IN CUSTODY STIPULATION AGREEMENT AS TO. CUSTODY . . The plaintiff, C)1ristopherE.Grove, he,reinafter referenced as "Father," and Defendant,' TrapeyE. Grove, herein~fter referenced as "Mother," hereby agree to the entry ofthe following . terms in a Court Order defining custody and partial custody rights andresponsibilities in relation to the llarties'minor child, Evan Andrew Grove, born August 26, 1997, hereinafter referenced as "Child": . 1. The parties. hereto agree that the best interest and continuing welfare of the Child would . . be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Child as defilled in 23 Pa.C.S.A. 95302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious t~aining;aremajoidecisions which Father and Mother shall make jointly after discussion and consliltation with each other. . (b)Asprovided in 23 Pa.C.S.A.95309(a), each parent shall hilvefull.and complete . accessto the Child'smeutal, dental, religious and schoolrecords. Thisincludesthe names, addresses and telephone numbers of all medical and other providers. (c) Mother shall haVe primary physical custody of the Child. (d) Fathershallhaveperiods of partial custody every other weekend. '. . ,. , ' , (e) The holidays will be mutually agreed upon by the parties. . . ," ,,- , "- .'.", '" (t) Visitation may be at such other times as the parties mutually agree. . 2. Each party shall have reasonable telephone and e-mail acces~ to the Child while the Child i~inthe custodycontrol.ofthe parent. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to. ensure that the health, welfare and well being ofthe Child is Protected. The partiesshaUdo nothing that . may estrange the Child from the other party or hinder the natural development of the Child's love.oraffection for the other party. 4. Eachparty shall.not make any disparaging remarks or allow others to make any disparaging rymarks concerning the Child's parents in front of the .Child. 5.. Any"modification or waiver of any of the provisions of the agreement of the parties shall be.effective only if made in writing and only if executed with the same formality ofthe . agreement of the parties. . 6. Thepartiesagreethatjn making this agreement there has been no fraud, concealment, overreach.ing, .coercion or other unfair dealing on the part oftheother. - " " 7. . Ifinc1ement.we~ther conditions precludes the custody e~changesfromoccurring, the cllstody will comrilence the very next weekend or the exchange may occur earlier if agre,ed upon by the. parties. 8. The.parties here~oagree thattbisagreementshall be recorded and incorporated into an , - " . Order enforceable by the Court. .. ~ '........~f:'" . . 9. Ifany~laJise in this agreement atthe time of signing isunel1forceable or is later found to . . . . be unenforceable it. is the intent of the parties that said clause shalI be. severed from the agreem.ent. Consented to: 5~1~af? Date. ~'IlS l."f.... '30.-, () {J Date. Leslie A. Tomeo, squire ~~ .d--- Christqpher E. Grove ;;-/~ Date. ,&,. i~'~~ l,............~tii~~i'!~'"*I!lI"'....~lil.>illl~Wlr"'~~w.;~i.tl ",~~~~ ~U"'""~'" ~~,.,' 1 _-. """'~ -~......" "' ~L '.--UUIiIiIlir:iiliilti" o l~ --1 .-< ~~! ......, = C~ =- o ,I -l I-n ri1r:: ~,rTl ~j}~J r.:;~~ ==-;;~l Om ,,-,I --.-::,. ~D .< -" J;';;;. -"., I W -u M...l". C,.J Ul C.v , .~ CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW NUMBI:R: ~-g73) CIVILTERM vs TRACEY E. GROVE, : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County CoUrthOUSI~, One South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ClAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA.WYER 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 LmERTY AVENUE CARLISLE PA 17013 (717) 249 - 31~,6 sal~~~ Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs NUMBl<:R: ~. 373..!JJ CIVIL TERM TRACEY E. GROVE, : IN DIVORCE Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, CHRISTOPHER M. GROVE, by and through his counsel, Sally J. Winder, Esquire, and represents as folIows: 1. Plaintiff is CHRISTOPHER M. GROVE, who currently resides at, and whose mailing address is, 20 Town MilIs, Shippensburg, Cumbl~r1and County, Pennsylvania, since January 13, 1997. 2. Defendant is TRACEY E. GROVE, who currently resides at, and whose mailing address is, 307 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania, since June 09, 2000. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the f1Iing of this Complaint. 4. The Plaintiff and Defendant were married on January 13, 1997 at Orrstown, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the a,vailability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintijf acknowledges having been advised by his attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of thll parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY The averments of Paragraphs 1 through 8, inclusive, of Plaintiffs Complaint, are incorporated herein by reference thereto. 9. Plaintiff, CHRISTOPHER M. GROVE and Defendant, TRACEY E. GROVE are the natural parents of one minor child, EVAN A. GROVE, born August 26, 1997. 10. 3. Plaintiff, Father, seeks primary physical Custody of the minor child, EVAN A. GROVE, born August 26, 1997. The child is presently in the custody of the Plaintiff, Father, CHRISTOPHER M. GROVE, residing at 20 Town Millis, Shippensburg, Cumberland County, Pennsylvania. 11. The child was not born out of wedlock. 12. The child presently resides with Father at 20 Town Mills, Shippensburg, Pennsylvania, since mid-February, 2000. Since birth, the child lived with both parents at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania until Mother moved out April 20, 1998. The child resided with mother and several other persons at 150 Shippensburg Mobile Estatlls, Shippensburg, Pennsylvania, until mid-February, 2000, when he went to live with Father at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 13. The mother of the child is TRACEY E. GR.OVE, presently residing at 307 Shepherd Lane, Shippensburg, Pennsylvania. She resides with a boyfriend. 14. The best interest and permanent welfare of the child will be served by awarding primary residential Custody of the minor child to Father, because he has been the primary custodian and provider of all needs for the child since mid-February, 2000. Mother has shown little interest in the nurturing and care of the child since that time, as evidenced by her lack of care for the child. Father believes and therefore alleges that Mother is an alcoholic and that because of her alcoholic behavior, is incapable of properly caring for the child and providing a safe and healthy environment for him. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody ofthe child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary physical Custody of the child to Father, subject to limited visitation in Mother, provided that she is not consuming alcohol and that she does not appear to visit with the child under the influence of alcohol. Respectfully submiltted, Date: 1+- sal~e~~~L~ Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensbnrg PA 17257 (717) 532 - 9476 VERIFICATION I veritY that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section 4904, relating to unswom falsification to authorities. Date: 0(' ~ / UD , (!i,#,,- 'h .1J -<-?MU CHRISTOPHER M. GROVE CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBl!:RLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs NUMBER: CIVIL TERM TRACEY E. GROVE, IN DIVORCE Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit with twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFlDA "IT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 20, 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penaltieil of 18 Pa. C. S. section 4904 relating to unsworn falsifications to authorities. ~,,_ 11. ~ CHRiSTOPHER M. GROVE CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACll0N - LAW vs NUMBER: 2000- CIVIL TERM TRACEY E. GROVE, IN DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECll0N 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ a) I do not oppose the entry ofa divorce decree. _ b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two/three years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: TRACEY E. GROVE NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this Counter- Affidavit. r- --- --.-- - - ~ :it- o 8~ (\ 'ft:::- ~ r ~- 8' ~ ':\ ':.I V) 8'8~ () r Co> [ "'< !'I o s: ?r- ~ (') ~_::. , -::.,i.: rii;:- ~~,? ~'~ ~~ (~ ~s~ -/ :'<! o \~1 "\") "::) c-<n ::,'j .)-" :::::} ~~ Chrisotopher M. Grove Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Tracey E. Grove Defendant : NO. 00-3735 CIVIL TERM : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tracey E. Grove to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: ,~//:I/ tJ ~ By: L~ ~ ~:arey (Supreme Attomey for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (") ~; ""UtI" rrr r~ .:.:~::; 65~I:' -C,__.- ~~~: ~'r:c-~" .,.("~M :;J , :n GO C) C'V :SI: ~,,;.,~ r) 'I :;':;;J ""l') CHRISTOPHER M. GROVE, PLAINTIFF : IN THE COURT OF CCMMON PLEAS v. : CUMBERLAND alUNTY, PA :CIVIL ACTION TRACEY E. GROVE DEFENDANT :NUMBER 2000 -.3735 ORDER OF COURT AND NCW, this 28th day of December, 2001, it is ORDERED AND DIRECIED, that Mother, Tracey E. Grave, shall have partial custody of Evan Grove, born August 26, 1997, fran Friday at 5:30 p.m. until Sunday at 6:30 p.m. beginning Friday, Januaxy 4, 2001, and on alternating weekends thereafter until further order of Court following a custody conciliation to be scheduled in this matter. Father shall exercise custody of Evan Grove at all other times until further ~_ Order of Court. Mother is directed to deliver custody of Evan Grove to Father Christopher Grove irTmediately. By the Court, Copy CoPy g'vU! 30M Corr 9tvef) +c> , So.lly vJ;"J.(r () 0 0 c:: "T~ ~ 0 -'0 -0 CO ,..., n1rr\ ,-, "7~' ~-^' N z;;: (f)':: OJ -<..<. kC:: -0 ZO ~l". 0 '-:? 5>c ~::4 ~ ::." )> ::0 -< C5\ DEe 2 8 2001 }l- CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBE:RLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW NUMBER: 2000 - 3735 CIVIL TERM TRACEY E. GROVE, IN DIVORCE Defendant ORDER OF COURT AND NOW, ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at , on the day of , 2000, at _ _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues !to be heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ofa temporary or permanent Order. For the Court, By: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 . . CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVll.. ACTION - LAW NUMB}~R: dCb:>-3735" f.2 COONRM _.~ <- TRACEY E. GROVE, : IN DIVORCE ;:F,,~,~' Z.~'. 'L:l,. U,?' "-.' Defendant '.0 NOTICE TO DEFEND AND CLAIM RIGHTS r=- ~~ ~~~.~ )> c~_: " ," -"~ .. .(',. '::" :1.J You have been sued in court. If you wish to defend against the claims set forth Hi the' fOllowing pages, you must take prompt action. You are warned tlui,t if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage cowlselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 LmERTY AVENUE CARLISLE PA 17013 (717) 249 - 31M sal~~~ Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 CHRISTOPHER M. GROVE, IN THE COURT OF COMMON PLEAS OF CUMBE:RLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION - LAW NUMBI<:R: CIVIL TERM TRACEY E. GROVE, : IN DIVORCE Defendant COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, CHRISTOPHER M. GROVE, by and through his counsel, Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is CHRISTOPHER M. GROVE, willo currently resides at, and whose mailing address is, 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania, since January 13, 1997. 2. Defendant is TRACEY E. GROVE, who currently resides at, and whose mailing address is, 307 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania, since June 09, 2000. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 13, 1997 at Orrstown, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce olr for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is availlable at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sesilions and of a list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defimdant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT II - CUSTODY The averments of Paragraphs 1 through 8, inclusive, ofPlaintifrs Complaint, are incorporated herein by reference thereto. 9. Plaintiff, CHRISTOPHER M. GROVE and Defendant, TRACEY E. GROVE are the natural parents of one minor child, EVAN A. GROVJE, born August 26, 1997. 10. 3. Plaintiff, Father, seeks primary physical Custody of the minor child, EVAN A. GROVE, born August 26, 1997. The child is presently in the custody of the Plaintiff, Father, CHRISTOPHER M. GROVE, residing at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 11. The child was not born out of wedlock. 12. The child presently resides with Father at 20 Town Mills, Shippensburg, Pennsylvania, since mid-February, 2000. Since birth, the child lived with both parents at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania until Mother moved out April 20, :1998. The child resided with mother and several other persons at 150 Shippensburg Mobile Estates, Shippensburg, Pennsylvania, until mid-February, 2000, when he went to live with Father at 20 Town Mills, Shippensburg, Cumberland County, Pennsylvania. 13. The mother of the child is TRACEY E. GROVE, presently residing at 307 Shepherd Lane, Shippensburg, Pennsylvania. She resides with a boyfriend. 14. The best interest and permanent welfare of the child will be served by awarding primary residential Custody of the minor child to Father, because he has been the primary custodian and provider of all needs for the child since mid-February, 2000. Mother has shown little interest in the nurturing and care of the child since that time, as evidenced by her lack of care for the child. Father believes and therefore alleges that Mother is an alcoholic and that because of her alcoholic behavior, is incapable of properly caring for the child and providing a safe and healthy environment for him. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. 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. WHEREFORE, Plaintiff requests the Court to grant primarY physical Custody of the child to Father, subject to limited visitation in Mother, provided that she is not consuming alcohol and that she does not appear to visit with the child under the influence of alcohol. Respectfully submitted, Date:~ sal~e~e~~ Attorney for Plaintiff, CHRISTOPHER M. GROVE 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 VERIFICA nON I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section 4904, relating to unswom falsification to authorities. Date: f;;,11~/ UD I ( a,~..- -h .1f~h4U CHRISTOPHER M. GROVE CHRISTOPHER M. GROVE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-3735 CIVIL ACTION LAW TRACEY E. GROVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, Jannary 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlU1sel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on FridalY, January 25, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wiJI be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq. 6V1^ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -r;L ~J'/ ~~~ - -;}; ~ ~ ~IL, ~p~ ~-~-r? , 'iINV/il,\,SNN3d }J.NnO~) or'I\{II.EI8V'ln8 ,\.? \'J x-IM'ZO L .;:...' )",'..1 " lJ.li'"jJ .: ((l.:f II T.'t7 p. / '(J;1.,$- / JAN 2 9 2002 ~\~ CHRISTOPHER M. GROVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRACEY E. GROVE, Defendant NO. 00 - 3735 CIVIL IN CUSTODY COURT ORDER AND NOW, thiS1L!.~y of .lJAJIJ.U1\d ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing i.s scheduled in Courtroom No. ~ of the cumbepd County Courthouse on the/ & "11)day of /YJA R f }, , 2002 at , : 0 L .M. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsd a memorandum setting forth the history of custody in this case, the issues currently before the court, each party's position on those issues, a list of witnesses who will be callt~ to testifY at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order of December 28, 2001 shall remain in effect subject to the following modification: A. Mother shall also enjoy periods of physical custody with the minor child on every Monday and Wednesday while Father is at work. Exchange of custody shall be worked out between the parties. In the event tht: Father is not working on Monday and Wednesday, these days shall be modified such that Mother has at least two (2) days during the week when Father is in fact wOJrking. The intent of this provision is to provide Mother with custody of the child during times when Father is at work and Mother is available to provide daycare. cc: ~iy J. Winder, Esquire ..;.roan E. Carey, Esquire > BYTH~~ ~~ J. ,=-7lv'~ .E. ~:dd ~ L~ ~W1j / 0/-31-0;( A;~ \ilf\J'VlmSNN3d 1\.U.ln'~):-J (]MilIPq"!n'" 'i 'u '-.,. ',",),,!"\ IV 8 'i :ZI Hd 1 S 20 CHRISTOPHER M. GROVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TRACEY E. GROVE, Defendant NO. 00 - 3735 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CNIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Evan A. Grove, born August 26, 1997. 2. A Conciliation Conference was held on January 25, 2002, with the following individuals in attendance: The Mother, Tracey E. Grove, with her counsel, Joan Carey, Esquire; Attorney Sally J. Winder who appeared for the Father Christopher M. Grove. 3. This case was previously before Judge Hoffer on a PFA, at which time Judge Hoffer entered a temporary custody order giving Father primary custody and giving Mother custody on alternating weekends. At the custody conciliation conference, there was a dispute with respect to who was actually the primary custodian for the majority of the time prior to the entry of Judge Hoffer's order. There are a variety of issues in dispute between the parties and, apparently, Judge Hoffer really only addressed the PFA issues and did not go into the custody in depth. Regardless, the conciliator is left with an existing order from the Judge. A hearing is necessary because the parties are unable to reach an agreement. Mother asserts she should have primary custody, and Father asserts that he should continue to maintain primary physical custody. 4. The conciliator notes that the Father is employed full time as an automobile mechanic. Mother is apparently not working and suggests that she is able to take care of the child during the day. The conciliator defers to the court with respect to what a permanent order should be in this case. However, assuming there is no problem with the Mother handling the child, it would appear appropriate that the Mother have some contact with the child during the day while Father is working and Mother is home and not working. On that basis, the conciliator is recommending an interim order modifying the prior order, with the interim order to grant Mother some custody during the day on weekdays. 5. The conciliator recommends the entry of an order in the form as attached. II J~((JJ DATE 061- '(J Hubert X. Gilroy, Esquire Custody Conciliator CHRISTOPHER M. GROVE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 00-3735 CIVIL TRACEY E. GROVE, Defendant :IN CUSTODY Pre-Hearing Memorandum of Defendant I History and Issues Tracey Grove, Defendant/Mother, and Christopher Grove, Plaintiff/Father, are the parents of Evan Grove DOB 8/26/97, the child who is th,~ subject of this case. The mother and father resided together from Evan's birth until their separation in April of 1998. The mother established a residence for herself and her two children, Evan and his stepbrother, Kye Cleaver, DOB 3/28/95. After approximately seven months, the mother reestablished a relationship with Chris Eutzy and she and her children moved into his residence. They had a son, Gage on June 6, 1999. Until February of2000 the mother had primary custody of the three children. She currently has primary custody ofKye and periods of partial custody of the two younger children. The mother was Evan's primary caregiver from his birth until February of 2000, when his father took him into his custody saying that it would be a temporary arrangement. Around this time the mother was working through the stress she faced including a deteriorating relationship with Chris Eutzy, all the responsibilities of homemaking, a full time management position, and raising her three sons, Kye and Evan, and Gage. The mother sought medical treatment for the stress she was experiencing. While she did drink socially during this period, the children were with her mother or Chris Eutzy and they were not adversely affected. After February of2000, Evan's father initially, kept his agreement that the mother would have custody of Evan on a regular basis. In June of 2000 the mother left Chris Eutzy. She and her child Kye lived with a long time friend of the mother (now her fiance), Charles Denver Cavins from June of2000 through the present except for approximately one month in 2000 and one month in 2001, when the mother and her children resided with the maternal grandmother. In November of 2000 the father unilaterally restricted the mother to contact with their son, Evan, only at her mother's residence unreasonably denying her quality overnight periods of custody at her residence. By December of 2000 after the mother retained legal counsel, Evan was again spending regular weekends including overnights with the mother at her home. Again in the early summer of200l, however, the father Imilaterally and unreasonably denied the mother contact with Evan. This time, in spite of the mother's requests to have Evan pursuant to the agreement, the father refused to let her have Evan for five months. The mother discussed this matter with an attorney, but she could not afford the additional legal fees necessary to litigate the matter. The father continued to be intractable refusing contact even for the holidays. In November of200l, the mother went to the father's residence, where her son ran to her and said he wanted to go with her. Evan was happy to be with the mother and his brothers where he remained until December 10, 2001. The mother contacted the father and requested that they get a Court document setting out a custody schedule since she did not feel that it was not in Evan's best interest to be denied contact with her. The mother told the father that she did not want to deny him contact with their son, but that she feared returning him to the father until an order was entered based on his past arbitrary behavior which she felt adversely affected Evan. On December 10,2001, the father and Chris Eutzy assaulted the mother in the presence of the children, grabbed Evan from her and left with him. The father and Chris Eutzy were fined for harassment. The mother filed a Protection from Abuse case and while the court dismissed that matter, Judge Hoffer, entered a temporary custody Order granting mother custody every other weekend. After a conciliation conference the mother's custody rights were expanded to include every Monday and Wednesday when she has Evan from 8:30 until 5:30. The father has agreed to let the mother keep Evan overnight on Sundays when she has custody. The mother is a fit parent who has had primary custody of her son Kye since his birth, of Evan from his birth until February of2000, and of Gage from his birth until June of 2000. She has maintained regular partial custody of the younge:st child from 2000 until the present. She has also had regular periods of partial custody with Evan except during those periods as stated above when the father refused to let her see her son. Any stress the mother had experienced has been resolved and she continues to be a fit parent who can provide for the needs of her children, in particular Evan iin the instant case. Besides the fact that the mother has established a home and an environment suitable for all of her children, she is in the process of establishing a childcare business in her home and is available during the day to provide for her children as wdl. The mother has been a supportive and loving presence not only for her children, but she also volunteers as a Den leader with the Cub Scouts. The mother works closely each week with her son Kye and the three other children each week, striving to instillleadlership and character into the children. The mother is the parent who can best facilitate contact with the child and the other parent. She is requesting that the court grant her shared legal and physical custody of Evan. She would like him to be in her custody every other week. Additionally, during the father's weeks she would like Evan in her custody each day from 8:30 until 5:30. The mother would be flexible such that she and the father could agree to change the schedule as they may mutually agree. II Witnesses This list includes, but is not limited to, the following witnesses: 1. Tracey Grove, Defendant Defendant, who is the mother of the child in the above captioned case, is to testify as to her relationship with her children and why she believes it is in Evan's best interest to be returned to her primary care. She will also testify as to her concerns about the father's discipline of the child, his intermittent and at times prolonged denial of her contact with the child, and his violence to her in front ofthe child induding the adverse effect this behavior has on the child. 2. Charles Denver Cavins This witness is the mother's fiance with whom she resides. The witness would provide information on mother's ability to care for her children and the relationship of the children to their mother and to each other. He will also testify as to his relationship with the children. 3. Shirley Cavins This witness is the mother of Denver Cavins. She has known Tracey and the children for several years, and has at times provided childcare for the: children when the mother and Denver were working. She will testify as to the relationship of the mother and Denver with the children and the care the children receive when in their care. 4. John Eyre, Cubmaster This witness appointed the mother to the position of Den Leader for the weekly meetings ofthe Tiger Cubs and the Secretary for the monthly Pack meetings. He would testify as to her responsibility as a leader and her ability to work with and relate to the children. (The mother's oldest son Kye is a member of her den and all of her sons have at times attended her den meetings.) 5. Debra McKenzie This witness is a parent of one of the boys in the mother" s Tiger Den and she will testify as to the trust she has in her as a leader of the children including her patient manner and her skill in working with the children. 6. Michael Franzione This witness, the nephew of Denver Cavins, would testify as to the mother's parenting skills and interaction with her children as wel1 as their re:1ationship with Denver. Defendant reserves the right to cal1 additional witnesses with prior notice. Respectful1y submitted, /,' ~() Attorney for Defendant Tra ey Grove MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 CHRISTOPHER M. GROVE, Plaintiff : IN THE: COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. : CIVIL ACTION- LAW TRACEY E. GROVE, Defendant : NO.: 00.,3735 CIVIL TERM : IN CUSTODY CUSTODY MEMORANDUM OF PLAINTIFF I. FACTUAL BACKGROUND Plaintiff. Christopher M. Grove is the father of Evan A. Grove. age 4. and currently separated from the Defendant Mother. Tracey E. Grove. Mother left the marital residence and moved in with a boyfriend. Christopher Eutzy. taking the infant Evan. Mother has another son. Gage. who is in the custody of Christopher Eutzy. While living v.ith Mr. Eutzy. Mother began a pattern of abusing alcohol and prescription pain medication and exhibited an attitude of not caring for her children. abandoning their needs and providing little or no supervision while they were in her care. In February 2000. the Shippensburg Police were called to the home of Christopher Eutzy because of Mother's drunken and violent behavior upon her return to the home from an evening at the bars. As a result of this incident. the Plaintiff Christopher Grove was called to come get Evan at Christopher Eutzy's residence. Since that evening. February 2000. Evan has been in the primary physical custody of his father. Christopher Grove. Evan lives with his father and father's girlfriend at 20 Town Mills. Shippensburg. Mother visited with Evan on alternating weekends after February 2000. but usually only for several hours at her Mother" s house and did not take responsibility for caring for the child, or have him overnight until approximately June of2000. During the Summer of 2000. mother regularly visited with Evan and had him overnight. Because of Mother's instability failure to supervise Evan and her frequently of bars at night Mother did not exercise visitations for a period oftime. In November 2001. Mother walked into Father.s residence while he was at work and took the child refusing to bring him back. Mother agreed that Father should be the primary custodian of the child but refused to peacefully return him to Father. Father went to Mother's residence and took Evan. Mother filed a Protection from Abuse Petition which was later dismissed and Evan was placed in Father's custody by Order of Court dated December 28,2001. The Custody Conciliator then entered the current temporary Order. It is Father.s understanding that Mother is currently under a DRO order to find fulltime employment and pay support for her other son. Gage Eutzy who is the custody of Christopher Eutzy. II. NAMES AND AGES OF THE CHILDREN, Evan A. Grove, born August 26. 1997 III. PROPOSED ORDER FOR RESOLUTION, Father requests that an Order be entered for primary custody of the child in Father. Mother should be entitled to alternating weekend visitation so long as she is not consuming alcohol and her psychological depression does not endanger the child. IV. NAMES AND ADDRESSES OF FACTUAL WITNESSES. I. Christopher Grove. 20 Town Mills. Shippensburg, Pennsylvania will testifY concerning the relationship between himself and his son Evan. He will testifY as to his ability to care for the child and his availability as a full time parent and his participation in the child's life and the desire of the child to stay with him. He will testifY concerning the Mothers apparent inability to maintain a stable home including her frequent moves and her alcoholic behavior as well as her apparent depression. He will further testifY that Mother has always acknowledged to him that he should have primary physical custody of Evan. 2. Christopher Eutzy. Shippensburg Mobile Estates. Shippensburg. Pennsylvania who will testify concerning the circumstances of Evan going 110 live with Christopher Grove and the behavior of Mother in failing to provide for Evan as wen as her problems with alcohol and pain medication. Christopher Eutzy was present in Decembe,r 2001 when Father got Evan back and can testify concerning those matters. Further. Christoph'~r Eutzy \\ill verify that Evan was at Linda Moser's residence on alternating weekends and that Tracy Grove did not regularly have Evan overnight. He can also verify Tracey"s frequent moves and apparent inability to maintain a stable home life. 3. Linda Moser. Three Square Hollow Road. Newburg. Pennsylvania \\ill testif). concerning the relationship of Evan \\ith his father and her attempts to influence Mother. Tracey Grove. behavior so that she could exercise visitation \\it'll Evan as a responsible parent. Linda Moser. Tracey Groves. mother. \\ill testify concerning Tracey.s lack of concern and supervision of the children. She \\ill testify that she was worried about the physical well being of the children because their mother would not get out of bed in the morning and take care of them or provide meals for them. She \\ill testify that Tracey could not maintain a stable home and that she moved about and therefore could not provide for the children. s physical or emotional well being and nurturing. She \\ill testify as to the excellent relationship bet\\'een the Father. Christopher Grove and the child Evan Grove. 4. Mark. brother of Linda Moser. \\ill testify as to the good relationship between father and son. Evan and the good care and nurturing provided by Christopher Grove. He \\ill testif)' as to the relationship between the mother and the child and her inability to care for the children or properly nurtured them. v. NAMES AND ADDRESSES OF EXPERT WITNESSES. None VI. LEGAL AND FACTUAl, ISSUES. The primary issue is the extent oftemporary custody of the Mother and the mother"s ability to properly care for the child. Father has been exercising primary physical custody of the child and is capable of continuing. VII. ESTIMATED LENGTH OF HEARING. One-Half ( 1/2) day. VIII. NEED FOR HOME STIllY. Plaintiff reserves the right to request a home study if it appears that Mother is seriously depressed and a danger in any way in caring for the child. IX. NEED FOR PSYCHOLOGICAL EV ALUA TICtlS.. Plaintiff does not request a psychological evaluation at this time. but may request evaluation at a later time. Respectfully submitted. c~<- W~ ~LL Y . WINDER 701 E. KING STREET SHIPPENSBURG, PA 17257 (7]17) 532-9476 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3735 CIVIL TERM CHRISTOPHER M. GROVE, Plaintiff TRACEY E. GROVE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of March, 2002, after hearing, it is hereby ordered as follows: 1. The parties are awarded joint legal custody of their son, Evan Andrew Grove, born August 26, 1997. 2. Father shall have primary physical custody subject to periods of partial physical cu.stody in Mother as follows: A. Every other weekend from Friday at 8:30 a.m. until Monday after Father's work. The weekend to correspond as nearly as possible with the weekends that Gage is at Mother's home. B. If Mother is not working and is available, every weekday from 8:30 a.m. until 5:00 p.m. or until after Father's work, whichever is later. C. The periods of partial physical custody shall commence by Mother picking the Child up at Father's home and shall end with Father picking the Child up at Mother's home. 3. In addition to the above, Mother shall be entitled to additional partial custody as follows: A. Mother shall be entitled to have the Child on Easter and July 4th in even-numbered years and Memorial Day and Labor Day in odd-numbered years. Said periods shall be from 9:00 a.m. until 6:00 p.m. . \/:N';,'/"0N::;-"J:k3:.1 AJ)~r:C/' G; ;,T-r".~~:/"in8 ;1) . J I' J'"' 1,,", l ., i~ ("~, 1 20 ,1\U'IU.,j B. Mother shall be entitled to have the Child from Christmas Eve at 4:00 until Christmas Day at noon in even-numbered years and from Christmas Day at noon until December 27th at 5:00 p.m. in odd- numbered years. C. Mother shall be entitled to have the Child from the day before Thanksgiving at 5:00 p.m. until Thanksgiving Day at 1:00 p.m. in odd-numbered years and from 1:00 p.m. on Thanksgi.ving Day until 5:00 p. m. the Friday after in even--numbered years. 4. Notwithstanding anything in this order to the contrary, Mother shall have the Child on Mother's Day and Father shall have the Child on Father's Day. Those periods shall be not less than from 9:00 a.m. until 5:00 p.m. 5. Notwithstanding anything to the contrary herein, each party shall have two nonconsecutive one-week [7 day] periods of uninterrupted time with the Child each summer. Mother may pick the first week, Father the second, Mother the third, and Father the fourth. The parties shall give each other at least 30 days notice of the times they wish to exercise the uninterrupted 7-day visitation period. This Court shall maintain jurisdiction. Sally J. Winder, Esquire Attorney for Plaintiff Joan E. Carey, Esquire Attorney for Defendant ~ .~ j1,}I_O.J..- ~ srs CHRISTOPHER M. GROVE, PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW IN DIVORCE NO. 2000-3735 PRAECIPE TO ENTER APPEARANCE TRACEY E. GROVE, DEFENDANT To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Tracey Grove, the Defendant in the above captioned matter. o~ ,:),1/ 2003 ~/;ft)lI.l4U- H. b ,2!Lu-' Suzanne H. Rhodes Certified Legal Intern '-fcc*<<Ja9!\- ~. S LUCY JOl ON- WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 (") 0 0 c: (..;l -n ;<:: "'" -.::1 -ocr- "'0 -n mr'- ;:J r;;': :;~:'.1. ',:".) d0 ZC ~'-? en. ,J:) 31 -<..< It,.) r-r- -0 .-'\", ..;:::'- '>;':.!-1 :?:-:c ::r: 0 .....:;c:"' '-If .,,) en :i> ,-, s:::.: ~l ..<-. r..:> dii =-.2 (P '-<. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW IN DIVORCE NO. 2000-3735 CHRISTOPHER M. GROVE, PLAINTIFF TRACEY E. GROVE, DEFENDANT CERTIFICATE OF SERVICE I, Suzanne H. Rhodes, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Praecipe to Enter Appearance on Sally J. Winder, Esquire, at 9974 Molly Pitcher Highway, Shippensburg, PA 17257, by depositing a copy of the same in the United States mail, First Class, postage prepaid, this __ day of April, 2003. ~~rJ.AV-- :Ii Rh~ Suzanne H. Rhodes Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 () 0 C) C w -, s; ",. -oG' "-0 mm ;;0 Z ';J:' '" -y c~ .. c:. .r:._ (j) W -< ",.~ :-:; ~l'. .CO , ~f~ 3: ~ u) rn ~ ."'V .1~': ::0 <D -< }<(, +-cVW\ ,v, ".'. ~ g ~j r.o .~~' -:'- ~~ ~~ :~: + ',"; ;."-.; ~:.' :::, Kd-ch-\2n - -.....1 ,':[ ",." , -;. j:- :;;; ~: '.:; I:':;:, (",i (..; ,l{j, .-', --::r ;.",{ 'x; !::;, I::;:, I i I I ! ',' '0\ n, Vlj6GuVV) ;.~ f'" I,~, " '.::1 ,~.! <'-I - - - -', , "..,.,.-. r~"-~""~" :.II''''''..f' ~ ,{~fJI::'fr~:;:\" "., .~r:~~?;: ., ,- ,. ~ .'. . t/ ClI nUl{ IVlS (<j/,,;YV\ . ,; ,~ ;~: "+' ","1 ("': ;~~: ..~-, r":; '.'1 MClrch dOO'd- Oq) s oJ be vd~ f'€ (lCQ.f) i PI tU-JS r ov..nJ ::' 0: ("-1 " Z: :::. .,. --;r- .., i.;', '~:' r".) ;:.~ ~r:; r;;;> DEfENDANT'S EXHIBIT I .g -Ij. 6'l.- S(2~ '"' ' . " ",~."..' CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE Pursuant to Pa.C.R.P.1930.4, I accepted service of the divorce complaint, on or about June 23, 2000. 'J I r Date: ..j - / - ()~ 10358 Possum Hollow Road Shippensburg, PA 17257 0 ....., 0 = ~::: = -n x- ::::t: -< :c.." ::r:..,. n1F = ""(}OJ r'~ ::D~ ~~C) --"--r, ,~. ~;~lG f. N ~--:-:. . , l (.:~-' '-=-1 / ).> C, ..", -- -""' CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LA W TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Christopher M. Grove, by and through his attorney of record, Sally J. Winder, Esq. Defendant intends to file with the court the attached Praecipe to Transmit Record on or after December 29, 2003 requesting that a final decree in divorce be entered. Date: January 28, 2004 Carlesha R. Green Certified Legal Intern .-wa.9tL Lucy 0 ton-Walsh, Esq. Anne acDonaId-Fox, Esq. Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 i ~ ~ ~ I ~ ~ ~ C5 ! ~ ~i ~ CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE CERTIFICATION OF SERVICE I, Carlesha R. Green, hereby certifY that I am serving a true and correct copy of the Praecipe to Transmit the Record and the Vital Statistics form to Sally 1. Winder, Esq., the attorney of record for the plaintiff, Christopher M. Grove. I am doing do so by first class United States mail, at the following address: Ms. Sally J. Winder, Esq. 9974 Molly Pitcher Highway Shippensburg, P A 17257 Date: March 12.2004 Carlesha R. Green Certified Legal Intern r Staff Attorneys F AMIL Y LAW CLINIC 45 Pitt Street Carlisle, PA 17013 (717) 243-2968 /"'-..., C" = o on :yl h'i::!J r- -of"Tl -:.J-' 6'1:' Ie) ~~~ -.,..\ "'_.... .JJ ......( ~ :r"" :;:-.:; N '0 l'~ o -' CHRISTOPHER M. GROVE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LA W TRACEY E. GROVE, Defendant : NUMBER 2000-3735 CIVIL TERM : IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under!i 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: the complaint was served upon Defendant by first class United States mail on June 19, 2000. 3. Date and execution of the affidavit of consent required bY!i 330l(d): June 19, 2000; Date of filing and service of the plaintiff's affidavit upon the defendant: the plaintiff's affidavit was filed along with the complaint on June 19, 2000 and was served upon Defendant by first class United States mail on June 19, 2000. 4. Related claims pending: none. 5. Date and manner of service of the notice of intention to file raecipe a copy of which is attached: bAU)~ ~ ..- Date: March 12.2004 Carlesha R. Green Certified Legal Intern Anne Lucy Jo Supervising Attorneys FAMILY LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 n ~~~ I'-V = = .;:- ::1l: ::t-'"'" :;;.:;; o -n -< ffi-n r- -om :00 01 ---,0 :..~~ --'-I /-")-n t5~ :._~ N ..:l -. -;,~ N o "j, -.J -.c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. :+. +' :+. +. +. +. ;+: Of. Of. :+. :+. :+. +. :+. +,., , , , . , , , , , , , , . . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . . , . . . . . . . . . . +._Of. +':+.:+. . . . . . . . . . . . . . . . . . . . . . . . . .. :f.:f.++:+':+:+:t: +:f.:t: +.+ +:+. +' + Of. :f.+ +;1' +:+: ++ '1;+ +.:+.;+: +:+. + '+' ++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. (,hri~t-()rhj::>r M. C:rnvp No. PL;~int-iff 2000 3735 . . VERSUS . 'rr.:::.("py R. C-:'rnvp . . . . . npfpnn"nt DECREE IN DIVORCE AND NOW, fVl~ .::t , o. '5rA." . ';;O()'I, IT IS ORDERED AND If., DECREED THAT Christopher M. Grove , PLAI NTI FF, AND Trrlr'py R C:rnvp , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . , . , . , . . . . , . . . . . . . . . . . , . . . . . . . . . , . . . . ++++'f++:+':f.+++:+.++T THE COURT RETAINS JURISDICTION OF THE FOLl.OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Nnnp By Am"l!b~ ~ lROTHONOTARY J, .. . . .. .. ++ + +. + +. + ""Of + +' + +;+: +'+' '1;+ . . . ~-ffi:.P '%- ~ ~~h(J.U'l '7;::7 ~. ~# ~i7 .~h:7' U',E" ~,'" '. ~ . .' CHRISTOPHER E, GROVE Plaintiff : IN THE COURT OF COMMOM PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : No. 00-3735 Civil Term TRACEY E. GROVE (Tracey E. Cavins) Defendant : IN CUSTODY STIPULATION AGREEMENT AS 'TO CUSTODY The plaintiff, Christopher E. Grove, hereinafter referenced as "Father," and Defendant, Tracey E. Grove, hereinafter referenced as "Mother," hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Evan Andrew Grove, born August 26, 1997, hereinafter referenced as "Child": 1. The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. 95302, All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided in 23 Pa, C.S.A. 95309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records, This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Child. (d) Father shall have periods of partial custody every other weekend. (e) The holidays will be mutually agreed upon by the parties. (f) Visitation may be at such other times as the parties mutually agree, 2. Each party shall have reasonable telephone and e-mail access to the Child while the Child is in the custody control of the parent. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected, The parties shall do nothing that may estrange the Child from the other party or hinder the natural development of the Child's love or affection for the other party. 4. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front of the Child, 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only ifmade in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. If inclement weather conditions precludes the custody exchanges from occurring, the custody will commence the very next weekend or the exchange may occur earlier if agreed upon by the parties. 8, The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court, 9. If any clause in this agreement at the time of signing is unenforceable or is later found to be unenforceable it is the intent of the patiies that said clause shall be severed from the agreement. Consented to: ~).. I-f)i() Date l')- '3- Dh Date ~- /~tJlC Date Leslie A. Tomeo, esquire ~~d-- Christopher E. Grove (\ __-l ,,), l-<' ~ MAY 0 4 2006 , , '''l':{ J . .. ....---..- ~~--"'-_.,:"__-,......,.-:c::..:.;..:.._.-----:..:.:...~:.;.:- > CHRISTOPHER E. GROVE Plaintiff : IN THE COURT OF COMMOM PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-3735 Civil Term TRACEY E. GROVE, (Tracey E. Cavins) Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~"'" day of -1f\""Q the parties, the Court hereby Orders as follows: , 2006, based on the Stipulation of I. The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangement as follows: (a) Mother and Father will share legal custody of Child as defined in 23 Pa. C.SA ~5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided in 23 Pa. C.S.A. ~5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother shall have primary physical custody of the Child. (d) Father shall have periods of partial custody every other weekend. (e) The holidays will be mutually agreed upon by the parties. (f) Visitation may be at such other times as the parties mutually agree. 2. Each party shall have reasonable telephone and e-mail access to the Child while the Child is in the custody control of the parent. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. The parties shall do nothing that may estrange the Child from the other party or hinder the natural development ofthe Child's love or affection for the other party. 4. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front ofthe Child. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only ifmade in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7. If inclement weather conditions precludes the custody exchanges from occurring, the custody will commence the very next weekend or the exchange may occur earlier if agreed upon by the parties. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. 'ow J. ')JJ D ViNV/i1A.S,\!N3cl AlNno:'1 \1'.\'l838V'ln::> 6fJ :lIW~ g- AVW9GOl AW10NOHlOCid 3Hi :10 3::ll.:H(}{131l:l