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HomeMy WebLinkAbout08-2382ROBERT J. GRUVER, Plaintiff V. NICHELLE M. IRVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.d$ - 231;-., CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Robert J. Gruver, an adult individual currently residing at 4 Middle Spring Avenue, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Nichelle M. Irvin, an adult individual currently residing at 3 Irvin Drive, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Robert Dylan Gruver, born September 5, 2006. The child was born out of wedlock. 4. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Robert J. Gruver 4 Middle Spring Avenue Nov. 18, 2007 Shippensburg, PA to Present Robert J. Gruver 4 Middle Spring Avenue April 2007 to Nichelle M. Irvin Shippensburg, PA Nov. 18, 2007 NAME ADDRESS DATES Robert J. Gruver 101 Hotpoint Avenue Birth to Nichelle M. Irvin Shippensburg, PA April 2007 The natural mother of the child is Nichelle M. Irvin who resides as aforesaid. She is single. The natural father of the child is Robert J. Gruver who resides as aforesaid. He is single. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides alone with the child. 6. The relationship of the Defendant to the child is that of natural mother. Defendant currently resided at her last known address of 3 Irvin Drive, Shippensburg, Pennsylvania, with her parents, Donald Irvin and Faye Marie Irvin, but is believed to be residing at a different address at this time. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to enter the parties' Stipulation and Agreement, filed contemporaneously herewith, as an Order of Court. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to enter the parties' Stipulation and Agreement as an Order of Court. Respectfully submitted, URIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE / 4-,A, ROBERT J GR ER, Plaintiff rllw) i a ??tt~?JJTT 7 ?d ti ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NICHELLE M. IRVIN, NO.O0-Z?? CIVIL TERM Defendant IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Robert J. Gruver, (hereinafter referred to as "Father") and Nichelle M. Irvin, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely Robert Dylan Gruver, born September 5, 2006 (hereinafter referred to as "Child"); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall share physical and legal custody of the child. 2. The parties shall share residential custody of the child on the following rotating two-week schedule: (a) Mother shall have custody from delivery of the child to the daycare on Friday morning, or from 8:00 a.m. if the child is not in daycare on that day, until the following Monday morning when the child is taken to his daycare; (b) Father shall have custody from delivery of the child to the daycare on Monday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Wednesday morning when the child is taken to his daycare; (c) Mother shall have custody from delivery of the child to the daycare on Wednesday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Friday morning when the child is taken to his daycare; (d) Father shall have custody from delivery of the child to the daycare on Friday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Monday morning when the child is taken to his daycare; (e) Mother shall have custody from delivery of the child to the daycare on Monday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Wednesday morning when the child is taken to his daycare; and (f) Father shall have custody from delivery of the child to the daycare on Wednesday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Friday morning when the child is taken to his daycare. 3. In the event that either parent is unable to secure physical custody of the child by 5:30 p.m. from the childcare provider during any weekday, that parent must notify the other parent by no later than 12:00 noon that they are unable to secure physical custody of the child, under which circumstances the other parent shall secure custody and retain physical custody of the child for that evening and night until the following morning when the child is delivered to daycare and the parties resume the schedule as set forth in paragraph 2 above. 4. The parties shall share custody of the child on the following holidays: New Year's Day, Easter Sunday, Memorial Day, 4th of July, Labor Day and Thanksgiving Day. The parties will divide all of these days by one party having the child overnight before the holiday, as the schedule in paragraph 2 above provides, until 2:00 p.m. on the holiday and other parent taking the child from 2:00 p.m. on the holiday until the following morning when the parties will return to the schedule set forth in paragraph 2 above. 5. During the Christmas holiday season, the parties will alternate physical custody of the child each year by one party having custody of the child from 1:00 p.m. on December 24th until 1:00 p.m. on December 25th, and the other party having custody of the child from 1:00 p.m. on December 25th until 1:00 p.m. on December 26th. Father shall have the first period set forth above and Mother shall have the second period set forth above for Christmas 2008 and all even numbered years thereafter. Mother shall have the first period set forth above and Father shall have the second period set forth above for Christmas 2009 and all odd numbered years thereafter. 6. Each party shall be entitled to two one-week periods of custody during the Summer for purposes of taking vacations with the child. Each party shall give the other party no less than 30 days' written notice of their intention to exercise a week of physical custody. It is anticipated that the week of physical custody will include that parent's normal weekend of physical custody pursuant to the schedule set forth in paragraph 2 above. If there is a conflict in the dates selected by the party, the party to first give notice to the other in writing of their intended period of vacation shall have the right to maintain their vacation period and the other parent shall be obligated to modify their vacation period. 7. The parties agree that transportation shall be shared such that the person receiving custody shall provide the transportation for the child. 8. The parties will alternate naming the child as a dependent on their state, federal and local income tax returns each year. As Mother has claimed the child as a tax dependent for the 2007 tax year, she shall continue to name the child as a tax dependent for all odd numbered tax years from this point forward. Father shall claim the child as a tax dependent for the 2008 tax returns and for all even numbered tax years thereafter. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 11. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. 12. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: y4- 2 4's-6i lirel Z;/ t4 Date ROBER . GRUVER Date NI HELLE M. IRVIN COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND On this, the day of 2008, before me the undersigned officer, personally appeared ROBERT J. GRUVER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. !z tE?t Notary Publi Room J. MUM tt0ublic ?oaouMNAL/MO 1* CanrnNl Apr 17, 2011 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On this, the , S-?- day of 14 pr-t. / , 2008, before me the undersigned officer, personally appeared NICHELLE M. IRVIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MO?MtAt No ry Pub MLY L P1?Q NOW 10116111C 1, ?. Zot! APR 1 6 2408 ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NICHELLE M. IRVIN, : NO.dg .23j9;L, CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW this_ r day of 2008, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, cc: ?Bradley L. Griffie, Esquire Attorney for Plaintiff ---?Nichelle M. Irvin Pro Se ?{/ ?? cis %7j : l1 8 # dvHE ROBERT J. GRUVER, Plaintiff V. NICHELLE M. IRVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2382 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Robert J. Gruver, by and through his legal counsel, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Robert J. Gruver, an adult individual currently residing at 418 North Earl Street, Apt. 1, Shippensburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Nichelle M. Irvin, an adult individual currently residing at 32 Water Street, Walnut Bottom, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, Robert Dylan Gruver, born September 5, 2006. 4. The parties are subject to an Order of Court, which was entered by agreement on April 18, 2008, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the aforementioned Order, the parties have modified the arrangements for Respondent's periods of partial physical custody of the Child due to changes in her job schedule and now the Respondent's periods of partial custody, for approximately the last six (6) months, are such that she exercises custody every week from Sunday morning to Tuesday morning. 6. Since the entry of the Order of April 18, 2008, Respondent has exhibited an inability or lack of desire to provide for the most basic needs of the child, including providing the child with meals, seeing that the child is bathed, and other basic necessities. 7. Respondent has cared more about her social life and it is believed and therefore averred that during her periods of custody she is often leaving the child with other caretakers so that she can participate in the night life, frequenting bars on a regular basis. 8. Respondent, in 2008, was charged with a DUI, duties at stop sign, and use/possession of drug paraphernalia, receiving ARD for the latter two charges, with the DUI charges being dropped, and Petitioner only learned of these charges approximately a month ago. 9. On or about April 9, 2009 Respondent informed Petitioner that she had quit her current job and would be withholding the child from him such that she would be exercising custody from that time forward. 10. It is necessary to maintain a routine and stable schedule for the child, which Petitioner is able to provide, as he has been at the same job with the same schedule for approximately five (5) years. 11. It is in the best interest and permanent welfare of the Child to provide Petitioner, Father, with primary physical and residential custody of the Child and set forth a schedule of partial physical custody for the Respondent. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference at which time an order should be entered providing him with primary physical and residential custody of the Child. Respectfully submitted, %? r?. ' D7-? "ug. - 3Ac -At n - Hannah Herman-Snyder, EsquirA Attorney for Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: 4/" l 6 Q? J. GRUVER, Plaintiff/Petitioner FILOU-Cf OF VEE `K7r y M9 APR 20 AH S; L 8 'APR 15 20r ROBERT J. GRUVER, : IN TI-E COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. CIVIL ACTION - LAW NICHELLE M. IRVIN, : NO. 0 g. a? 39A CIVIL TERM Defendant : IN CUSTODY URDER OF COURT AND NOW thisay of , 2005, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, a cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Nichelle M. Irvin Pro Se rRUE COPY FROM Kt:LAjrkw W TuInny WhWW, I h" unto Se# y :+ add At _ WCA ? COURT OF COMMON PLEAS O N_ °° ROBERT J. GRUVER, iff Pl i F IN THE ? PENNSYLV CUMBERLAND COUNTY ? ..? n -n a nt , V. CIVIL ACTION - LAW NICHELLE M. IRVIN NO. CIVIL TERM w ? , Defendant : IN CUSTODY co -? CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Robert J. Gruver, (hereinafter referred to as "Father") and Nichelle M. Irvin, (hereinafter referred to as "Mother") WHEREAS, the parties are the natural parents of one child, namely Robert Dylan Gruver, born September 5, 2006 (hereinafter referred to as "Child"); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall share physical and legal custody of the child. 2. The parties shall share residential custody of the child on the following rotating two-week schedule: (a) Mother shall have custody from delivery of the child to the daycare on Friday morning, or from 8:00 a.m. if the child is not in daycare on that day, until the following Monday morning when the child is taken to his daycare; (b) Father shall have custody from delivery of the child to the daycare on Monday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Wednesday morning when the child is taken to his daycare; (c) Mother shall have custody from delivery of the child to the daycare on Wednesday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Friday morning when the child is taken to his daycare; (d) Father shall have custody from delivery of the child to the daycare on Friday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Monday morning when the child is taken to his daycare; (e) Mother shall have custody from delivery of the child to the daycare on Monday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Wednesday morning when the child is taken to his daycare; and (f) Father shall have custody from delivery of the child to the daycare on Wednesday morning, or from 8:00 a.m. if the child is not in daycare on that day, until Friday morning when the child is taken to his daycare. 3. In the event that either parent is unable' to secure physical custody of the child by 5:30 p.m. from the childcare provider during any weekday, that parent must notify the other parent by no later than 12:00 noon that they are unable to secure physical custody of the child, under which circumstances the other parent shall secure custody and retain physical custody of the child for that evening and night until the following morning when the child is delivered to daycare and the parties resume the schedule as set forth in paragraph 2 above. 4. The parties shall share custody of the child on the following holidays: New Year's Day, Easter Sunday, Memorial Day, 4th of July, Labor Day and Thanksgiving Day. The parties will divide all of these days by one party having the child overnight before the holiday, as the schedule in paragraph 2 above provides, until 2:00 p.m. on the holiday and other parent taking the child from 2:00 p.m. on the holiday until the following morning when the parties will return to the schedule set forth in paragraph 2 above. 5. During the Christmas holiday season, the parties will alternate physical custody of the child each year by one party having custody of the child from 1:00 p.m. on December 24th until 1:00 p.m. on December 25`h, and the other party having custody of the child from 1:00 p.m. on December 25th until 1:00 p.m. on December 26th. Father shall have the first period set forth above and Mother shall have the second period set forth above for Christmas 2008 and all even numbered years thereafter. Mother shall have the first period set forth above and Father shall have the second period set forth above for Christmas 2009 and all odd numbered years thereafter. 6. Each party shall be entitled to two one-week periods of custody during the Summer for purposes of taking vacations with the child. Each party shall give the other party no less than 30 days' written notice of their intention to exercise a week of physical custody. It is anticipated that the week of physical custody will include that parent's normal weekend of physical custody pursuant to the schedule set forth in paragraph 2 above. If there is a conflict in the dates selected by the party, the party to first give notice to the other in writing of their intended period of vacation shall have the right to maintain their vacation period and the other parent shall be obligated to modify their vacation period. 7. The parties agree that transportation shall be shared such that the person receiving custody shall provide the transportation for the child. 8. The parties will alternate naming the child as a dependent on their state, federal and local income tax returns each year. As Mother has claimed the child as a tax dependent for the 2007 tax year, she shall continue to name the child as a tax dependent for all odd numbered tax years from this point forward. Father shall claim the child as a tax dependent for the 2008 tax returns and for all even numbered tax years thereafter. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 11. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. 12. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date ROBER . GRUVER 'V- Date M LLE M. IRVIN COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On this, the )?, 5A day of /ltjj , 2008, before me the undersigned officer, personally appeared ROBERT J. GRUVER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ..... !?aa d- e?? -s Le4L NOTA" -7 oJ. AAWTT Notary Publictj' NWory Pub0c KNOMC{ p !.;C Apt 17.2a 11 COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND On this, the 154- day of *tfl , 2008, before me the undersigned officer, personally appeared NICHELLE M. IRVIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. V1• moan UK Nota y Publi IMrtPt Nolrr haft c+wutoroMw?, CWANK4 a Mp CNNon ran t. =Ol! OF TH` ,, 'r°?7 ?Y 2009 APR 20 AN 9; 48 l +?.?? -)a. CtTz? `?0'`6 C,k aaa8 e,, _. ,t.7 39q3 ROBERT J. GRUVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICHELLE M. IRVIN DEFENDANT 2008-2382 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 24, 2009 , 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 Thursday, June 04, 2009 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. 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: /s/ Hubert X. Gilroy, As A. IMN 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RD PR Y }rt -V/2 7/Oq - 044A ( a % 1= 4ilk-40 4?4 14. k>VAPy JUN -19 2009 ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NICHELLE M. IRVIN, NO. 2008-2382 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this z- 2` day of June, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The Custody Stipulation and Agreement attached hereto and marked Exhibit `A' is incorporated as a Court Order. 2. In the event any party desires to modify this Order, that party may Petition the Court to have the case again scheduled with the Custody Conciliator a Conference. BY THE COURT, -' .41tZ., Judge K 901n A. Hess cc: Jane Adams, Esquire Hannah Herman Snyder, Esquire , a -01 , ROBERT J. GRUVER, Plaintiff vs. NICHELLE M. IRVIN, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2382 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a Custody Conciliation Conference with the parties and their attorneys and they presented a Custody Stipulation and Agreement. The Conciliator recommends an Order in the form as attached. Date: nil , 2009 _a? I \0' Hubert X. Gilr , Esquire Custody Co liator ROBERT J. GRUVER, Plaintiff V. NICHELLE M. IRVIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-2382 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Robert J. Gruver, (hereinafter referred to as "Father") and Nichelle M. Irvin, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely Robert Dylan Gruver, born September 5, 2006 (hereinafter referred to as "Child"); WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall legal custody of the child. 2. The parties shall share residential custody of the child such that in any given two (2) week period, the parties shall have an equal number of overnights, with the specific schedule to be as set forth below: _ \ ?,.? Q c,..r ?t ? ? ? S?c?.1? -eV.-er ?? s-?. l?s t o C1 y ? v...r s t?.cl.e?? t o -1 P c? o?- O f dsi.r 3 - - 3 it t c-i i oc? . EXHIBIT 'A' 3. In the event that either parent is unable to secure physical custody of the child by 6:00 p.m. from the childcare provider during any weekday, that parent must notify the other parent by no later than 12:00 noon that they are unable to secure physical custody of the child, under which circumstances the other parent shall secure custody and retain physical custody of the child for that evening and night until the following morning when the child is delivered to daycare and the parties resume the schedule as set forth in paragraph 2 above. 4. The parties shall maintain the child at his current childcare facility, Trinity Daycare Center, or another agreed upon childcare facility, until such as the child begins school such that even if either party obtains a job that would allow him/her to be home during the day, the child shall remain in a childcare facility. 5. The parties shall share custody of the child for the Thanksgiving holiday such that, every mr rA al I D tA_N. Nu..,L r# years -tt.Ar --O-er b K&r year, Father shall exercise custody from 9:00 a.m. to 3:00 p.m. on Thanksgiving Day, and Mother shall exercise custody from 3:00 p.m. to 9:00 p.m. on Thanksgiving Day. -1r, a o 1 O " ,y-? ?l?rt of - , ?o ll?u r s 1?oJ ? arc i St cv-Sioel fry.. • ZSO a.?. ? 3 ? psr . , o•??C. f "KLr- 540-L\ LXeraS--e_ CNXS u 1c4 .{may 6. During the Christmas oliday, the parties shall alternate physical custody of the child 3: P each year with one party having custody of the child from 1:00 p.m. on December 24th ?O 9 until 1:00 p.m. on December 25th, and the other party having custody of the child from 1:00 p.m. on December 25th until 1:00 p.m. on December 26th. Mother shall have the first period set forth above, and Father shall have the second period set forth above for Christmas 2009 and all odd numbered years thereafter. Father shall have the first period set forth above, and Mother shall have the second period set forth above for Christmas 2010 and all even numbered years thereafter. 7. During the New Years holiday, the parties shall alternate physical custody of the child each year with one party having custody of the child from 1:00 p.m. on December 31St until 1:00 p.m. on January 1St, and the other party having custody of the child from 1:00 p.m. on January 1St until 1:00 p.m. on January 2"d. Father shall have the first period set forth above, and Mother shall have the second period set forth above for the New Years holiday in 2009 and all odd numbered years thereafter. Mother shall have the first period set forth above, and Father shall have the second period set forth above for New Years holiday in 2010 and all even numbered years thereafter. o ^?.v,- ^ 6A chi r.X., , r. -) a ib a^ 8. The parties shall share custody of the child on Easter such that, every year, Fath\ebrl shall- - ?6? y4&n -i k" exercise custody of the child from 9:00 a.m. to 3:00 p.m., and Mother shall exercise custody of the child from 3:00 p.m. to 9:00 p.m. - _Ao l 1 0., O c, t l Od N t. ? y ?cu S -l>? ?-?c??er , vK\ o-t K_01- S Ka_1\ tW ?s? l?,S-t? 1 y -(rar zu ZYJ a ?.. -l0 3 - M r.1 ar\C1 -f ?Aoa- S? ?1 e`? ? u s to tad -(saw 3' c5? P -- A 0 q! .t.. 9. Father shall ll exercise custody on Father's ayyevery year, from 9:00 a.m. to 90 in. 10. Mother shall exercise custody on Mother's Day, every year, from 9:00 a.m. to 9:00 p.m. w01-(pn?Q1 v? dT a,,.?}.? r 11. Each party shall be entitled to w one-week period$of custody during the summer forte, 0d M 1?.P ?) purposes of taking a vacation with the child. Each party shall give the other party no less `l K1- than thirty (30) days written notice of his/her intention to exercise a week of physical custody. It is anticipated that the week of physical custody will include the parties' normal period of physical custody pursuant to the schedule set forth in paragraph two (2) above. If there is a conflict in the date selected by the parties, the party to first give notice to the other in writing of their intended period of vacation shall have the right to maintain their vacation period and the other parent shall be obligated to modify their vacation period. 12 13. 14 15. 16. The parties agree that transportation shall be shared such that the person receiving custody shall provide the transportation for the child. The parties will alternate naming the child as a dependent on their state, federal and local income tax returns each year. As Father has claimed the child as a tax dependent for the 2008 tax year, he shall continue to name the child as a tax dependent for all even numbered tax years from this point forward. Mother shall claim the child as a tax dependent for the 2009 tax returns and for all odd numbered tax years thereafter. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. 17. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 18. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 19. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 20. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date ROBER . GRUVF,R 21109kil 22 AI'Ij; 11 T, 2313 FEB 2 0 A? I I E} -'JI~SERLQD COUNTY ?'ENN,YLVANIA ROBERT J. GRUVER, Plaintiff/Respondent V. NICHELLE M. IRVIN, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2382 CIVIL ACTION - CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW, this L? day of February, 2013, COMES Petitioner, Nichelle M. Irvin, through counsel, Sanford A. Krevsky, Esquire, and offers the following averments in support of the within Petition: 1. The Plaintiff/Respondent is Robert J. Gruver, a citizen of Pennsylvania, residing at 9175 Sporting Hill Road, Orrstown, Pennsylvania, 17244. 2. The Defendant/Petitioner is Nichelle M. Irvin, a citizen of Pennsylvania, residing at a confidential address in Cumberland County, Pennsylvania. 3. The parties are the natural parents of Robert Dylan Gruver, born September 5, 2006. 4. Pursuant to a Court Order dated June 22, 2009, Plaintiff and Defendant agreed that they will have shared legal and physical custody (Exhibit A). '."I aM{0R3 Bpd 0 -7 b(o 5. Defendant is requesting modification of the current Custody Order due to the following: a. Plaintiff has signed the child out of daycare without notifying Defendant; thereafter, Plaintiff did not answer phone calls when Defendant attempted to contact him. b. Plaintiff has changed daycare facilities without Mother's knowledge or consent. Mother was unaware of the change until notified by the daycare teacher. c. Plaintiff and Defendant both have proxies with daycare but when Defendant tried to use proxy the last time, Plaintiff went to daycare to pull child out early d. Plaintiff refused Defendant her time with the child on both the Easter and Thanksgiving Holidays when it was Defendant's period of custody. WHEREFORE, Defendant/Petitioner asks Your Honorable Court to modify the current Custody Order. Respectfully submitted: KREVSKY & ROSEN, P.C. Date: 21LI 3 By: A W - Sanford A. Kr sky, P.C. 1101 North Front Street Harrisburg, PA 17102 ID# 15560 (717) 234 4583 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2382 NICHELLE M. IRVIN, : CIVIL ACTION - CUSTODY Defendant/Petitioner VERIFICATION I, NICHELLE M. IRVIN, hereby verify that the information contained in the foregoing Petition is true and correct to the best of our knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. DATE: NICHELLE M. IRVIN ROBERT J. GRUVER, Plaintiff/Respondent V. NICHELLE M. IRVIN, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2382 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE AND NOW, this LP- day of February, 2013, I, Sanford A. Krevsky, Esquire, attorney for Defendant, Nichelle M. Irvin, hereby certify that I have this day served a copy of the Petition in the above-captioned matter, by First Class U.S. Mail on the following: BRADLEY L. GRIFFIE, ESQUIRE GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 xLb, Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 ROBERT J. GRUVER, Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. 2008-02382 CIVIL TERM NICHELLE M. IRVIN, Defendant IN CUSTODY IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 25th day of April 2013, upon review of the Conciliation Summary Report, a custody trial is scheduled for 25 June 2013 at 9: 30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Plaintiff shall be deemed the moving party and shall initially proceed with testimony. Counsel shall attend a Pre-trial Conference scheduled for 23 May 2013 at 3:30 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 16 May 2013. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of proposed questions the court may ask, in camera, of any child witness; e. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PIDF format via email to the opposing counsel and the court; and g. A proposed final custody order. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the narrowing of the issues; b. the entry of a scheduling order; c. the special scheduling of any child witness either party intends to call at trial; d. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; e. the limitation of the number of expert witnesses; f. settlement and/or mediation of the case; and g. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. BY THE COURT Thomas A. Placey, C.P.J. D' 10tribution: .X:141 Sanford A. Krevsky, Esq. -I-'Brad ley L. Griffie, Esq. (-Cs m-uti4 CD :P'n ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION- LAW NICHELLE M. IRVIN, NO. 2008-2382 Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess COURT ORDER AND NOW,this day of April,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: AscLcaq� mty,� qt,-w 1. hearing is scheduled in C&A Room No. of the Cum erland Co-w1ty rtho on the Courtho on the day of 2013 at m.Att wring,the father shall on the oving party and shall proceed initially * -t6stimony. Counsel for the parties shall file wi e Court and opposi ounsel a memorandum setting forth the history of custody in this c e issues currently before the Court, a summary of each parties positio n these issue , list of witnesses who will be called to testify on b h of each party and a summary of t t cipated testimony of each witrie . his memorandum shall be filed at least five days pri o the ention d hearing date. 2. Pending further Order of this Court,the prior Order of June 22, 2009, shall remain in place. 3. In the event the parties feel that another Custody Conciliation Conference would aid in resolving this case prior to the mentioned hearing,legal counsel for the parties may contact the Custody Conciliator directly to schedule such a Conference. 4. The above hearing shall also consider any requests by mother where she is seeking makeup time for a prior custody issue where she felt the father may have withheld time from her on prior weekends. h � No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. _,--B- E C OURT, �/ Thomas A. Plac cc. ford A. Krevsky, Esquire r-ommon pleas Judge Bradley L. Griffie, Esquire Ca /t S r7zkt&CL X Mi W r- CM Milo =CD c=f ._, NO ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MICHELLE M. IRVIN, NO. 2008-2382 Defendant IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Robert Dylan Gruver, born September 5, 2006, 2. A Conciliation Conference was held on April 10, 2013, with the following individuals in attendance: The father, Robert J. Gruver, with his counsel, Bradley L. Griffie, Esquire, and the mother,Nichelle M. Irvin, with her counsel, Sanford A. Krevsky, Esquire. 3. The parties entered into a shared legal custody arrangement and shared physical custody arrangement back in 2009 by virtue of a stipulation. There have been various issues between the parties since that time, and both parties have filed petitions to modify the order with each party seeking primary custody. An effort was made to resolve the case at the Conciliation Conference and that effort was unsuccessful. A hearing is required and the Conciliator recommends an Order in the form as attached. Date: April 2013 Hubert Xkilroy Esquire Custody/Conciliator ROBERT J. GRUVER, Plaintiff : IN THE COURT OF COMMON CUMBERLAND COUNTY NN vs. SYLVANIA NICHELLE M. IRVIN, CIVIL ACTION-LAW Defendant NO. 2008-2382 IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess MEMORANDUM TO THE COURT ADMINISTRATOR'S OF - FICE This case was previously handled by Judge Hess where he merely did not have any hearings on the case. Accordingly,Judge Hess d d another Judge. a signed the Order but he desires that this case get reassigned The Conciliator estimates that the hearing in this case shall take no more than one day. Date: April 2013 Hubert X. Gilroy, Esquire Custody Conciliator ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. VS. : NO. 2008-2382 CIVIL TERM ., czk CIVIL ACTION NICHELLE M. IRVIN, : IN CUSTODY LAW = ; Defendant Prior Judge: Thomas Placey .: ,' PETITION FOR CONTINUANCE CA AND NOW comes Petitioner, Bradley L. Griffie, Esquire and the law firm of Griffie & Associated, P.C., and petitions the court as follows: 1. Your Petitioner is counsel of record for the Plaintiff in the above captioned matter. 2. Upon-the filing of mutual Petition for Modifications of Custody by the parties hereto, and following a conciliation conference, the court scheduled a hearing in the above captioned matter for June 25,2013 at 9:30 a.m. 3. Plaintiff, Robert J. Gruver, has scheduled a vacation and has established reservations for the vacation during the week of June 24, 2013, such that he, his wife, and their children will not be available for the hearing scheduled for June 25,2013. 4. Petitioner has corresponded with opposing counsel, Sanford A. Krevsky, Esquire, advising him of this matter and requesting his concurrence to a continuance. -5. Opposing counsel, Sanford A. Krevsky, Esquire concurs in this,request for a continuance. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in the above captioned matter from June 25, 2013 at 9:30 a.m. to a later date. Respectfully Submitted, B riffie, Esquire ey for Plaintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717),243-5551 0 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: B Y ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, CIVIL ACTION LAW IN CUSTODY Defendant : Prior Judge: Thomas Placey CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 1-d Y day of May, 2013, cause a copy of the Petition for Continuance to be served upon Defendant by serving her attorney of record, Sanford A. Krevsky, Esquire, by facsimile and by first-class mail, postage prepaid at the following address: Sanford A. Krevsky,Esquire Krevsky&Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Facsimile: 717-234-3650 DATE: 3 Griffi , squire Attorney for P I intiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Ajz ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. NO. 2008-2382 CIVIL TERM CIVIL ACTION LAW NICHELLE M. IRVIN, IN CUSTODY Defendant Prior Judge: Thomas A. Placey ORDER OF COURT AND NOW this day of May, 2013, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for Tuesday, June 25, 2013 to begin at 9:30 a.m. is continued to jqi,4,d4U the 20 day of 0- 2013 at o'clock 4 m. All other provision of our prior Order scheduling this matter shall remain in effect. By the Court Thomas AY Placey, Judge Cc: ZBradley L. Griffie,Esquire Attorney for Plaintiff �Sord A. Krevsky,Esquire Attorney for Defendant C= 7 M ;11: ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-2382 CIVIL TERM - CIVIL ACTION LAW M - NICHELLE M. IRVIN, IN CUSTODY . < " Defendant Prior Judge: Thomas Placey PETITION FOR CONTINUANCE 4= AND NOW comes Petitioner, Bradley L. Griffie, Esquire and the law firm of driffie & Associated, P.C., and petitions the court as follows: 1. Your Petitioner is counsel of record for the Plaintiff in the above captioned matter. 2. Upon the filing of a Petition for Continuance asking for a rescheduling of the hearing in this matter, previously scheduled for June 25, 2013, the Court rescheduled the hearing in the above captioned matter for July 31, 2013 at 9:30 a.m. 3. Counsel for Petitioner was previously scheduled for a hearing before the Honorable M.L. Ebert, Jr., on July 31, 2013 by Judge Ebert's Order of April 17, 2013. 4. Petitioner has sought the concurrence of opposing counsel, Sanford A. Krevsky, Esquire, advising him of this conflict and requesting his concurrence to a continuance. 5. Opposing counsel, Sanford A. Krevsky, Esquire concurs in this request for a continuance. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in the above captioned matter from July 31, 2013 at 9:30 a.m. to a later date. Respectfully Submitted, Griffi , Esquire ttorney for Plaintiff Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle,PA 17013 (717)243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsifications to authorities. DATE:-,)-- 4BL. FFIE ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2382 CIVIL TERM CIVIL ACTION LAW NICHELLE M. IRVIN, IN CUSTODY Defendant Prior Judge: Thomas Placey CERTIFICATE OF SERVICE fl-9( I, � I, Bradley L. Griffie, Esquire, hereby certify that I did, the A� day of May, 2013, cause a copy of the Petition for Continuance to be served upon Defendant by serving her attorney of record, Sanford A. Krevsky, Esquire, by facsimile and by first-class mail, postage prepaid at the following address: Sanford A. Krevsky, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Facsimile: 717-234-3650 DATE: A3 3 B Grifl e, Esquire orney fog°Plaintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle,PA 17013 (717)243-5551 (800)347-5552 ROBERT GRUVER, IN THE COURT OF COMMON PLaEOE-- Plaintiff CUMBERLAND COUNTY, PENNS THE NINTH JUDICIAL DISTRI 2382-2008 CIVIL TERM Defendant IN CUSTODY IN RE: CUSTODY PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 23rd day of May, 2013, a pretrial conference in this custody case was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse. Present on behalf of Plaintiff was Bradley L. Griffie, Esquire, Present on behalf of Defendant was Sanford A. Krevsky, Esquire. This is a custody action between Defendant Mother, Nichelle M. Irvin, and Plaintiff Father, Robert J. Gruver, concerning their child, Robert Dylan Gruver, age 6, whose current custodial status is on a two-two-three schedule. Mother is seeking primary physical custody, with alternating weekends for Father, and Father seeks the obverse. The Court starts with a neutral 50/50 position, and depending on the testimony will move in one direction or the other based on the needs of the child. Mother shall proceed first with testimony followed by Father, then Mother' s witnesses and then Father' s witnesses . There is no expected expert witness testimony, and the child shall not testify nor be brought to the courthouse during these proceedings . The total time allotted to each party for examination and cross examination of all witnesses is 3 hours each, how they choose to use it is left to them, but additional time will not be given absent extraordinary circumstances. The exhibits for each side have been identified in their pretrial conference memorandums, and each side is given _ up until 15 days prior to the rescheduled time of this trial to supplement their exhibit and/or witness lists . There is one outstanding motion for a continuance and the Court will direct the administrative supervisor to contact both counsel ' s office and arrive at a date or dates to reschedule the proposed 6 hours worth of testimony. The Court would prefer to do it in one day. However, if it needs to be broken up into two 3 hour segments relatively close to each other, that would be satisfactory. In the interim period of time parties ' counsel are directed to explore options to be presented to the Court regarding co-parent counseling, and the parties are suggested, if possible, to begin that process prior to trial. This ord er shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. By the Court, Thoma '- A. Placey C. P. J. ZSanford A. Krevsky, Esquire 1101 N. Front Street Harrisburg, PA 17102 For Plaintiff '1<1`7- Bradley L. Griffie, Esquire 200 N. Hanover Street Carlisle, PA 17013 For Defendant :mae ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2382 CIVIL TERM CIVIL ACTION LAW NICHELLE M. IRVIN, IN CUSTODY Defendant Prior Judge: Thomas A. Placey ORDER OF COURT AND NOW this day of May, 2013, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for Wednesday, July 31, 2013 to begin at 9:30 a.m. is continued to the t t - day of ftuc-lwi ( , 2013 at q•'3() o'clock A- .m. All other provision of our prior Order scheduling this matter shall remain in effect. B , Thomas A. Lacey, Judge C c: w/Bradley"/Bradley L. Grifie Esquire Attorney for Plaintiff Sanford A. Krevsk y, Esquire , q Attorney for Defendant sPOA2 ter- (4 -Z) .; �/yb ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY -tea ^s rrt a rn- r — ;-_, CERTIFICATE PREREQUISITE TO SERVICE -"'�> "`�' OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant"t» Rule 4009.22, Robert J. Gruver, Plaintiff, certifies that: (1) a notice of intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: e . Griffie, Esquire A ney for Robert J. Gruver, Plaintiff Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert J. Gruver, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the subpoena may be served. DATE: (c. f i 7 f 3 �.— � ! ffie squire �. /: Rs•ert J. Gruver, Plaintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA 1871 Old Main Drive Shippensburg, PA 17257 Attn: Human Resources Department 1. You are ordered by the Court to come to the law offices of Griffie & Associates, P.C., 200 North Hanover Street, Carlisle, Pennsylvania, 17013, at 1:00 p.m. on Tuesday, July 16, 2013 to testify on behalf of Robert J. Gruver in the above case, and to remain until excused. 2. And bring with you the following: Any and all records reflecting the courses scheduled for Nichelle N. Irvin identifying the date and time when all classes were held for such courses, for the period from January 1, 2011 to present. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. ISSUED BY A PARTY/COUNSEL IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a) NAME: Bradley L. Grime, Esquire ADDRESS: 200 North Hanover Street Carlisle, PA 17013 TELEPHONE: (717) 243-5551 (800) 347-5552 SUPREME COURT ID#: 34349 By the Court, By: Prothonotary DATE: Seal of the Court Deputy OFFICIAL NOTE: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators,masters, commissioners, etc. in ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY rnCO rn rn rte- f7:. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 5 2 is As a prerequisite to service of a subpoena for documents and things pursuant t ) Rule 4009.22, Robert J. Gruver, Plaintiff, certifies that: (1) a notice of intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 7(eI/ /d7(e//3 A.fr. ffie, Esquire ttorney 'or Robert J. Gruver, Plaintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert J. Gruver, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the subpoena may be served. DATE: 6) 'r 13 ,I� �� ie squire 110003,-.7 'e"for R••ert J. Gruver, Plaintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES,P.C. 200 North Hanover Street Carlisle,PA 17013 (717)243-5551 (800) 347-5552 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: VALLEY COMMUNITY SERVICES 196 Lawrence Lane Carlisle,PA 17015 1. You are ordered by the Court to come to the law offices of Griffie & Associates, P.C., 200 North Hanover Street, Carlisle, Pennsylvania, 17013, at 1:00 p.m. on Tuesday, July 16, 2013 to testify on behalf of Robert J. Gruver in the above case, and to remain until excused. 2. And bring with you the following: All work records for Nichelle M. Irvin, including but not limited to. time records reflecting hour of employment, work schedules, and any and all other documentation that reflect the hours of employment of Nichelle Irvin for the period from January 1, 2011 to present. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. ISSUED BY A PARTY/COUNSEL IN COMPLIANCE WITH Pa.R.C.P.No. 234.2(a) NAME: Bradley L. Grime, Esquire ADDRESS: 200 North Hanover Street Carlisle, PA 17013 TELEPHONE: (717) 243-5551 (800) 347-5552 SUPREME COURT ID#: 34349 By the Court, By: Prothonotary DATE: Seal of the Court Deputy OFFICIAL NOTE: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW ' ri Defendant/Petitioner : IN CUSTODY ��,r `� CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 cp E f-..> As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Robert J. Gruver, Plaintiff, certifies that: (1) a notice of intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 7(c//t 3 ' � riffs=, Esquire ney for 'c•ert.1 Gruver, Plaintiff Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle,PA 17013 (717) 243-5551 (800) 347-5552 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009:21 Robert J. Gruver, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made,the subpoena may be served. DATE: 6, 1(413 10v ffie squire !'for R'•ert 1 Gruver, Plaintiff Supreme Court ID No. 34349 GRIFFTR &ASSOCIATES,P.C. 200 North Hanover Street Carlisle,PA 17013 (717)243-5551 (800) 347-5552 ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-2382 CIVIL TERM NICHELLE M. IRVIN, : CIVIL ACTION LAW Defendant/Petitioner : IN CUSTODY SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND VALLEY COUNSELING ASSOCIATES 1200 Walnut Bottom Road Carlisle,PA 17015 1. You are ordered by the Court to come to the law offices of Griffie & Associates, P.C., 200 North Hanover Street, Carlisle, Pennsylvania, 17013, at 1:00 p.m. on Tuesday, July 16, 2013 to testify on behalf of Robert J. Gruver in the above case, and to remain until excused. 2. And bring with you the following: All work records for Nichelle M. Irvin, including but not limited to. time records reflecting hour of employment, work schedules, and any and all other documentation that reflect the hours of employment of Nichelle Irvin for the period from January 1, 2011 to present. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. ISSUED BY A PARTY/COUNSEL IN COMPLIANCE WITH Pa.R.C.P.No. 234.2(a) NAME: Bradley L. Grime, Esquire ADDRESS: 200 North Hanover Street Carlisle, PA 17013 TELEPHONE: (717) 243-5551 (800) 347-5552 SUPREME COURT ID#: 34349 By the Court, By: Prothonotary DATE: Seal of the Court Deputy OFFICIAL NOTE: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in 71 IN THE COURT OF COMMON PLEAS Mr- CUMBERLAND COUNTY,PENNSYLVANIA ROBERT J. GRUVER, C:) Plaintiff NO. 2008-2382 CIVIL TERM ;z cC_3 _ X C= --s ue VS. CIVIL ACTION—LAWS-' NICHELLE M.IRVIN, IN CUSTODY Defendant TO THE HONORABLE THOMAS A. PLACEY,JUDGE OF SAID COURT: MOTION FOR CONTINUANCE AND NOW,this day of August, 2013, comes Nichelle Irvin, by her attorney, Sanford A. Krevsky, requests this Honorable Court to grant a Continuance relative to the hearing scheduled for the following reason(s). 1. A Hearing relative to the above-captioned matter is currently scheduled for August 19'h, 2013 at 9:30 a.m. 2. A continuance is requested because a Co-parenting Counselor has not yet been agreed upon by both parties. Additional time will benefit both parties in securing a Co-parent counselor. Both parties have been actively with their counsel to secure an agreed upon counselor. 3. Counsel for Plaintiff has no objection to the continuance of the hearing date. 4. This is the second request for a Continuance of this matter by Counsel. s; WHEREFORE, Defendant requests the hearing date be continued for the above- captioned matter. Res ectfully Submitted, S ford A. Kre s 1101 North Fron Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. 15560 K , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA ROBERT J. GRUVER, Plaintiff NO. 2008-2382 CIVIL TERM vs. CIVIL ACTION—LAW NICHELLE M. IRVIN, IN CUSTODY Defendant CERTIFICATE OF SERVICE AND NOW,this f day of August, 2013, I, Courtney G. Hargrave, for the Law Firm of Krevsky &Rosen, P.C., hereby certify that a copy of the foregoing Motion for Continuance was sent via First Class, United States Mail on the following: BRADLEY L. GRIFFIE, ESQUIRE 200 N. HANOVER STREET CARLISLE, PA 17013 Courtney G. argrave 1101 North ront Street Harrisburg, PA 17102 (717) 234-4583 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA ROBERT J. GRUVER, Plaintiff NO. 2008-2382 CIVIL TERM. vs. CIVIL ACTION—LAW NICHELLE M. IRVIN, IN CUSTODY Defendant ORDER OF COURT This j�kday of A(AAU2>-r , 2013, it is hereby ORDERED and DECREED that a Motion for Continuance be granted in the above-captioned matter. The hearing in this case is to be continued until the�day of 2013 at ff.' b a.m./p.m. in Courtroom Number of the Cumberland, County Courthouse. COURT: J. stribution: S ford A. Krevsky, Esq., 1101 North Front Street, Harrisburg, PA 17102 radley L. Griffie, Esq., 200 N. Hanover Street, Carlisle PA 17013 f � w Cr) �e c -! ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-2382 CIVIL TERM ` e : CIVIL ACTION LAW NICHELLE M. IRVIN, IN CUSTODY Defendant Prior Judge: Thomas A. Placey cz r;--- rte— ?- c:s < n zx c?` PETITION FOR CONTINUANCE 3'* , �F zC w.�+ AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and Petitions the court as follows: 1. Petitioner is counsel of record for the above named Plaintiff, Robert J. Gruver. 2. A hearing in the above captioned matter is scheduled for Thursday, November 14, 2013 to begin at 9:30 a.m. in Courtroom Number 6 of the Cumberland County Courthouse before The Honorable Thomas A. Placey. 3. Petitioner has just become aware that he will be in Philadelphia on Wednesday, November 13 and Thursday November 14 such that Petitioner requires a continuance of the hearing. 4. Petitioner has been in contact with opposing counsel, Sanford Krevsky, Esquire, who concurs in this request for a continuance. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing currently scheduled for Thursday,November 14, 2013 at 9:30 a.m. to a later date. Respectfully Submitted, r rif e, Esquire Y for or Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: GRIF IE ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-2382 CIVIL TERM CIVIL ACTION LAW NICHELLE M. IRVIN, IN CUSTODY Defendant Prior Judge: Thomas A. Placey CERTIFICATE OF SERVICE 1, Bradley L. Griffie, Esquire, hereby certify that I did, the oZ$"day of August, 2013, cause a copy of Plaintiff's Petition for Continuance to be served upon Plaintiff by serving her attorney of record, Sanford A. Krevkky, Esquire, by facsimile and first-class mail, postage prepaid at the following address: Sanford A. Krevsky, Esquire Krevsky &Rosen,P.C. 1101 North Front Street Harrisburg, PA 17102-3324 Facsimile: 717-234-3650 DATE: 1 3 iffie, Esquire 4GFFIE or Defendant &ASSOCI ATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-2382 CIVIL TERM CIVIL ACTION LAW NICHELLE M. IRVIN, IN CUSTODY Defendant Prior Judge: Thomas A. Placey ORDER OF COURT AND NOW this day of A , 2013, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for Thursday, November 14, 2013 to begin at 9:30 a.m. in Courtroom Number 6 of the Cumberland County Courthouse is continued to '` O K the , (j'' day of i7�yh(►�ti(i , 2013 at q!36 o'clock�. m. All other provision of our prior Order scheduling this matter shall remain in effect. B t , ZBradley Thomas A. Lacey, Judge Cc: L. Gnffie, Esquire / Attorney for Plaintiff Sanford A. Krevsky, Esquire Attorney for Defendant l ES Mb t LL, C: —OZ iz �� Fr; ; �'� "1Q ....cr_� !-- CD r `}C1 C-) C . f DC: cam__`- W Q7 r� ROBERT J. GRUVER : IN COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-2382 NICHELLE M. IRVIN : CIVIL ACTION—LAW Defendant : IN CUSTODY , r.D t '., '.; TO THE HONORABLE THOMAS A. PLACEY R PETITION TO WITHDRAW AS COUNSEL AND NOW this 5" day of October, 2013 comes Petitioner, Sanford A. Krevsky, Esquire, and the law firm of Krevsky& Rosen, P.C., and respectfully requests this Honorable Court to grant the within Petition to Withdraw as Counsel in the above- captioned matter for Defendant,Nichelle Irvin, and in support thereof, avers the following: 1. The Petitioner is Sanford A. Krevsky, Esquire, of Krevsky &Rosen, P.C., located at 1101 North Front Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 2. The Respondent is Nichelle Irvin, located at 39 Montgomery Avenue, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Petitioner been representing Ms. Irvin since July of 2012 and attended a Custody Conciliation, Pre-Trial Conference before this Honorable Court, and exchanged multiple correspondence with Plaintiff's Counsel, Bradley L. Griffie, Esquire. 4. Petitioner is requesting to withdraw his appearance of Ms. Irvin and be excused from attending all future Hearings regarding the above matter for the following reasons: a) Petitioner filed a Petition For Modification on February 26, 2013, on behalf of Respondent,Nichelle Irvin/Mother, requesting that she have shared legal and physical custody per this Court's Order of June 22, 2009. b) A Conciliation was held on April 10, 2013 and, as no agreement was reached, the matter was scheduled for a Custody Pre-Trial before this Honorable Court on May 23, 2013 at 3:30 p.m. and Trial was scheduled for June 25, 2013 c) At the Pre-Trial, it was agreed that Trial be postponed (scheduled now for November 18, 2013 at 9:30 a.m.)to afford the parties time to begin Therapeutic Family Counseling. Since the Pre-Trial Conference date, Ms. Irvin has had minimal contact with our office despite several attempts to request her position on matters and the status of the counseling. We have not heard from Respondent since August, 2013. d) Attorney for Plaintiff has sent multiple letters, which we have forwarded to Ms. Irvin (Exhibit A). The letters state concern and question Ms. Irvin's custodial responsibilities. Ms. Irvin has not confirmed or denied said claims as she has not been in touch with our office. e) Additionally, Respondent has a significant fee balance with Petitioner and has not made payments on said balance since June 11, 2013. 5. Respondent,Nichelle Irvin, has been informed of the filing of this Petition and has made no objection; further, Attorney for Plaintiff(Bradley Griffie, Esquire)was advised of the filing of this petition and has no objection with the filing of same. WHEREFORE, Plaintiff respectfully prays that your Honorable Court grant Petitioners withdraw as counsel on behalf of the Respondent,Nichelle Irvin in the above- captioned matter. r 1 1 L4 - SANFØRD A. KREY, ESQUIRE Attorney for Defendant,Nichelle Irvin ID # 15560 Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, Pa 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 skrevsky@krevskyandrosen.com EXHIBIT A çRJYYIT & A SSOCL91T S Attorneys and Counselors at Law 200 North Hanover Street Bradley L. Griffie,Esquire Carlisle,PA 17013 Hannah Herman-Snyder,Esquire (717)243-5551 100 Lincoln Way East,Suite D Robin J.Bassett Chambersburg,PA 17201 Office Manager (717)267-1350 Kelly L.Perez (800)347-5552 Legal Assistant Fax(717)243-5063 Reply to: Carlisle October 2, 2013 Sanford A. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 17102-3324 RE: Gruver vs. Irvin No. 2008-2382 Dear Sanford: I am corresponding with you at this point to see whether your client's position has changed in any manner since we last spoke regarding this case. We have received all of the documentation we secured through discovery and have found extensive periods of custodial time when your client should have had her son, but instead she was either working, in class, or "socializing." This type of conduct in a situation where the parties have shared custody suggests that it would make far more sense for her to agree to a physical custody arrangement that allows for her to actually spend time with her son, rather than placing him with her parents, her brother, or some other third party. In fact, the extensive time that she chose to spend doing other things, rather than being with her son, even surprised Mr. Gruver. If your client is interested in working out an arrangement that will allow for her to have substantial physical custody during periods of time when she can spend the time with her son,please let us know and we will try to negotiate such a schedule. if she is not interested in modifying her position, it looks more and more as through we will end up pursuing this matter through the hearing that is scheduled in November with Judge Placey. Of course, I am aware that Judge Placey is not going to be happy with any of us because the co-parent counseling has not been completed, or initiated, but it seems to me that when we have a choice of rolling the dice on a counseling group that none of us knows, or using a counseling group that has been successful in other cases for one of the counsel, the latter choice makes more sense. At the same time, Mr. Gruver is more aware every day of the need to engage in co-parent counseling, so he has contacted your recommended counseling group to start this process. Page 2 Sanford A. Krevsky, Esquire October 2, 2013 We look forward to hearing your client's position. Very Truly Yours, f " C,1:e. . Griffie BLG/klp Cc: Robert Gruver çRfyyIT & .54 SOClATTS Attorneys and Counselors at Law 200 North Hanover Street Bradley L. Griffie,Esquire Carlisle,PA 17013 Hannah Herman-Snyder,Esquire (717)243-5551 100 Lincoln Way East,Suite D Robin J.Bassett Chambersburg,PA 17201 Office Manager (717)267-1350 Kelly L.Perez (800)347-5552 Legal Assistant Fax(717)243-5063 Reply to:Carlisle October 16, 2013 Sanford A. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 17102-3324 RE: Gruver vs. Irvin No. 2008-2382 Dear Mr. Krevsky: I believe I shared the Facebook pictures that your client had posted and which we identified as exhibits that we are going to use in the custody hearing. Those Facebook postings, showing your client "socializing" in various bars and at various parties, matched to a variety of dates when she, by the Custody Order, should have been with her son. In addition, from the documentation we received from her two employers, we were able to match dates when she was at work, rather than spending time with her son. In addition, there was some cross over as to the classes she was taking at Shippensburg University where she could not have been at class and with her son at the same time. This really shouldn't be a complicated matter. Ms. Irvin is well aware of the times that she used her parents, her brother, and other third parties to care for her son, rather than spending her custodial periods with him. While one can claim that being in class or going to work during a custodial period is something that occurs in all cases, the simple fact is that she never made any efforts whatsoever to simply allow the child to remain with his father, as would have been the proper thing to do, when she was unavailable. More importantly, the social events that took precedence over her time with her child are, in our opinion, what will weigh most heavily with the court on this issue. Since your client is well aware of her own conduct, I am not sure what additional information you are requesting in this regard. Our suggestion is that Ms. Irvin determined a period of time when she can be and will be available for her son, and then we can prepare a Custody Agreement that matches her availability. Obviously, the current shared arrangement is an imposition on her as reflected by her social calendar. While we recognize that in the very recent past, and most particularly since this litigation has been initiated, Ms. Irvin has modified her conduct somewhat. In fact, we have evidence that she has advised third parties that she modified her conduct because of the pending custody litigation. That is a far cry from recognition that her son should be the priority in her life rather than her social calendar. Page 2 Sanford A. Krevsky, Esquire October 16, 2013 Finally, if Ms. Irvin can confirm that she can be available for her son every other weekend from after school until Monday morning, and one day during the week from after school until he leaves for school the next morning, I believe Mr. Gruver will be agreeable to this type of arrangement. Any Order that is entered in this matter, though, must have a provision indicating each party's right of first refusal under circumstances where the custodial parent, at the time, is unavailable for an overnight period, or a period exceeding 4 hours. We look forward to your response. Very Truly Yours, Bc600: Griffie BLG/klp Cc: Robert Gruver ROBERT J. GRUVER : IN COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-2382 NICHELLE M. IRVIN : CIVIL ACTION—LAW Defendant : IN CUSTODY VERIFICATION I, Sanford A. Krevsky, Esquire, verify that the statements made in this Petition To Withdraw as Counsel 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. /D a Si/3 Al. A":„/DA E S NF'1 RD A. KREV: , Y ROBERT J. GRUVER : IN COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-2382 NICHELLE M. IRVIN : CIVIL ACTION—LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this& day of October, 2013, I, Elisabeth J. Clough, of the Law Firm of Krevsky & Rosen, P.C., attorney for the Respondent,Nichelle Irvin, hereby certify that I have this day served a copy of the Petition To Withdraw as Counsel on the following persons via First Class U.S. Mail and/or Certified Mail: VIA CERTIFIED AND REGULAR MAIL NICHELLE IRVIN 39 MONTGOMERY AVENUE SHIPPENSBURG, PA 17257 VIA REGULAR MAIL BRADLEY L. GRIFFIE, ESQUIRE GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 A AA. _j Eisabeth J. Clough 4 Krevsky &Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717)234-4583 Fax: (717) 234-3650 ROBERT J. GRUVER : IN COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008-2382 NICHELLE M. IRVIN : CIVIL ACTION—LAW Defendant : IN CUSTODY ( ORDER AND NOW, this "\ day of , 2013, upon consideration of the within Petition to Withdraw as Counsel, it is hereby ORDERED and DECREED that Sanford A. Krevsky, Esquire, and the law firm of Krevksy & Rosen, P.C., is granted leave to withdraw as counsel for Respondent,Nichelle Irvin. Tho s A. Placey,9is6ibution: ✓ S.tnford Krevsky, Esquire, 1101 North Front Street, Harrisburg, PA 17102 ./N)helle Irvin, Esquire, 39 Montgomery Avenue, Shippensburg, PA 17257 /Bradley L. Griffie, Esquire, 200 North Hanover Street, Carlisle, PA 17013 IBS / y//3 h.) rn 2P•-r , Z r'}-- 3 �!? x —1 a ROBERT J. GRUVER, : IN COURT OF COMMON PLEAS OF PlaintifVRespondent : CUMBERLAND COUNTY,PENNSYLVAINA vs : NO.2008-2382 c _ NICHELLE M. IRVIN, : CIVIL ACTION—CUSTODY ° y Defendant/Petitioner : Judge: Thomas A.Placey =M _ <> x- CD f-• <= _. =C� , MOTION FOR CONTINUANCE AND NOW comes Petitioner,Nichelle M. Irvin, defendant, and petitions the court as follow: 1. Your Petitioner is currently in representation of herself,the defendant in the above captioned matter. 2. The Petitioner is asking for a rescheduling of the hearing in the above captioned matter for November 18,2013 at 9:30 a.m. as the defendant's previous counsel has withdrawn from representation 14 days prior to the above scheduled hearing,leaving inadequate time to obtain a new counsel and correspond with new counsel prior to the scheduled hearing within a reasonable timeframe. Petitioner has spent several days attempting to obtain counsel thus leading to a motion for continuance in the above matter. 3. Petitioner sought the concurrence of the opposing counsel, Bradley L. Griffie, Esquire,to advise him of the conflict and requesting his concurrence to a continuance but was unable to reach an answer from counsel prior to submission of this motion. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in the above captioned matter from November 18,2013 at 9:30 a.m. to a later date. Respectfully Submitted, Nichelle MjWin Defendant ROBERT J. GRUVER : IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008-2382 MICHELLE M. IRVIN : CIVIL ACTION—LAW Defendant : IN CUSTODY QRDER AMID NOW,- this' day of , 20 3 upon consideration of the within Petition t s hereby ORDERED and DECREED that Sanford A. Krevsky, Esquire, and the law firm of Krevkky& Rosen, P.C., is granted leave to withdraw as counsel for Respondent,Nichelle Irvin. Tho A, Placey,2Judge Distribution: Sanford Krevsky, Esquire, 1101 North Front Street, Harrisburg, PA 17102 Nichelle Irvin, Esquire, 39 Montgomery Avenue, Shippensburg, PA 17257 Bradley L. Griffie, Esquire, 200 North Hanover Street, Carlisle, PA 17013 c: w --a atr COUNSELORS AT LAW 1101 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-3324 Sanford A. Krevsky Tel. (717)234-458. skrevsky@krovskyandrosen.com Fax (717)234-365( Lawrence J. Rosen Irosen @kmvskyandrosen.com May 20, 2013 NICHELLE IRVIN 39 MONTGOMERY AVENUE SHIPPENSBURG,PA 17257 Dear Nichelle. Enclosed please find an Order of Court executed by The Honorable Thomas A. Placey relative to the continuance„ & made 11,.Asi��garding Trial. As you can see, the continuance was granted and tiftly 81, . I will contact you after the holding of the Pre-trial Conference to discuss your case more fully. If you have any questions, please contact my office; until then, I am Very truly yours, Sanford A. Krevsky SAK.alr Enclosure Outlook-n.irvin(a-,hotmail.com Page 1 of 1 Nich SearctAeeftailReply DeletVadatfNyn 201119 Sweep Move to Categories rgruvE Folders rgruver87 @gmail.com 1/11/13 View cor Inbox 1 To: n.irvin @hotmail.com Archive Junk 8 Nichelle, Drafts I just wanted to let you know in advance Sent that I will be taking Dylan on vacation Deleted 35 with me fromd. -, 2013. New folder Thank you, Quick views custody Documents dylan Flagged house Photos school Shipping updates soccer New category Content fr l ,�,>: : •. { °.,+,s t' a.� ; ELrp,,k� o, f ish (Rfttff4 stag*elopers Learn mor https:Hsntl46.mail.live.com/default.aspx?id=64855 11/13/2013 ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v 2008-2382 CIVIL TERM NICHELLE M. IRVIN, CIVIL ACTION - LAW Defendant IN RE: FURTHER HEARING SCHEDULED ORDER OF COURT AND NOW, this 18th day of November, 2013 , following the conclusion of the parents testimony, the remainder of the parties ' witnesses shall testify on the 23rd of December, 2013 , at 9 : 30 a.m. , in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court Thomas A. Placey C. P.J. ✓ Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 For Plaintiff ./ Nichelle M. Irvin, pro se 39 Montgomery Avenue Shippensburg, PA 17257 :mae 4LL �> N �� < y,r� CD ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v 2008-2382 CIVIL TERM NICHELLE M. IRVIN, CIVIL ACTION - LAW Defendant IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 18th day of November, 2013, upon Defendant ' s motion for continuance, opposed by Plaintiff, the request for a continuance is denied. By the Court, thomaV A. Placey C. P.J. Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 For Plaintiff Nichelle M. Irvin, pro se 39 Montgomery Avenue Shippensburg, PA 17257 :mae �T rq� _ A C:) Dtv, ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION.—LAW 'S NICHELLE M. IRVIN, NO. 2008-2382 CIVIL TERM Defendant IN CUSTODY Prior Judge: Thomas A. Placey :a PETITION FOR CONTINUANCE AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie &Associates, P.C., and petitions the Court as follows: 1. Your Petitioner is counsel of record for the above named Plaintiff, Robert J. Gruver. 2. Your Respondent is the above named Defendant, Nichelle M. Irvin, an adult individual currently residing at 39 Montgomery Avenue, Shippensburg, Pennsylvania, 17257. 3. The parties to this matter were engaged in a hearing on November 18, 2013, which hearing was not concluded and which was continued to allow for the testimony of additional collateral witnesses,to 9:30 a.m. on December 23, 2013. 4. Since the initiation of these proceedings and the involvement of the Honorable Thomas A. Placey, Judge Placey has urged the parties to participate and engage in co-parent counseling in an effort to develop the ability to communicate and to be able to resolve the matters at issue in these proceedings. 5. After an extended period of time in which the parties could not agree upon a counselor, Plaintiff conceded to use the counselor proposed by Respondent. 6. After two sessions of counseling with the counselor recommended by Respondent, that counselor withdrew from her participation in the co-parent counseling. 7. At the time of the trial on November 18, 2013,the Court again urged the parties to engage in co-parent counseling to resolve their conflicts and to develop the ability to communicate relative to future conflicts. 8. Respondent has finally agreed to use the counselor recommended by Plaintiff and your Petitioner, that counselor being Deann Blankenship-Sanders, of Pathways Counseling Services, LLC, who was recommended based upon her extensive work in counseling with parents, children, families and, more importantly, engaging in parent coordination training, post-divorce parent training, and similar training relative to teaching co-parent counseling. 9. The parties just had their initial appointment with Ms. Blankenship-Sanders on Wednesday, December 11, 2013, with additional appointments being scheduled. 10. Plaintiff and your Petitioner are of the opinion that if the parties can simply begin engaging in reasonable dialogue, the issues that brought the parties to Court will be able to be resolved by those discussions and agreement. 11. Rather than engage in additional conflicts through litigation with the processing of the hearing on December 23, 2013, Plaintiff and Petitioner are desirous of allowing the parties the opportunity to fully engage in co-parent counseling to determine whether that counseling will allow for the parties to resolve the issues in conflict so that that parties, as parents of the child at issue, resolve the problems through cooperation rather than litigation. 12. Petitioner has requested of Respondent, who is pro se in this matter,that she agree to continue the hearing that is scheduled for December 23, 2013 to allow the co- parent counseling to take effect. 13. Respondent indicates she is not agreeable to a continuance. 14. Petitioner believes, and therefore avers, that Respondent is keenly aware of the fact that Plaintiff is expending his limited resources to pay legal counsel to pursue this matter while Respondent has chosen to pursue this matter pro se, and as such, Respondent can create additional unnecessary expense for Plaintiff by requiring the hearing to proceed as currently scheduled. 15. Petitioner has recommended to . Plaintiff, and Plaintiff has accepted the recommendation, that the hearing be continued to allow for the counseling to take place and to allow the parties to engage in dialogue, as the Court has directed, rather than pursue the completion of litigation. 16. Continuing the hearing at this point would be in the interest of judicial economy, would assist in preserving Plaintiffs limited resources as he is the only party paying legal counsel in this matter, and would avoid the additional conflict of engaging witnesses, including family members, to testify against each other in the continued hearing. WHEREFORE, Petitioner requests your Honorable Court to continue the hearing presently scheduled for December 23, 2013 at 9:30 a.m. to be rescheduled, won the completion of co-parent counseling, should a continued hearing be necessary. Respectfully submitted, B 1 ri e, Esquire for etitioner Su eme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 1�2. 3 r . Griffie; Esquire ROBERT J. GRUVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NICHELLE M. IRVIN, NO. 2008-2382 CIVIL TERM Defendant IN CUSTODY Prior Judge: Thomas A. Placey CERTIFICATE OF SERVICE 1, Bradley L. Griffie, Esquire hereby certify that I did, the IN' of December, 2013, cause a copy of the within Petition for Continuance to be served upon the Defendant, Nichelle M. Irvin, by serving her by first class mail, postage prepaid, at the following address: Nichelle M. Irvin 39 Montgomery Avenue Shippensburg, PA 17257 DATE: 1 {3 13 Br ie, Esquire e laintiff/Petitioner L� • ROBERT J. GRUVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW NICHELLE M. IRVIN, : NO. 2008-2382 CIVIL TERM Defendant : IN CUSTODY : Prior Judge: Thomas A. Placey ORDER OF COURT AND NOW this t 0,0 day of December, 2013, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for Monday, December 23, 2013 at 9:30 a.m. is hereby continued generally, to be rescheduled at the request of either party or counsel, upon the completion of the co- parent counseling in which the parties are currently engaged. COURT, Thomas A.Place J. Ammon Pleas Judge Bradley L. Griffie, Esquire Attorney for Plaintiff rri fir, r',70 17i Nichelle M. Irvin,Pro Se c-�. -r,zr. 39 Montgomery Avenue `_ ;c a Shippensburg, PA 17257 /2./M4,3 - _r,