HomeMy WebLinkAbout08-3527CASEY VOGELSONG and
JEANNE PELAYO,
Plaintiffs
V.
TAYLAR GRUVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 -3SZ7 CIVIL TERM
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
1. Co-plaintiff is Casey Vogelsong, an adult individual who is incarcerated at
the State Correctional Institution at Chester, 500 East Fourth Street, Chester,
Pennsylvania 19013; and whose permanent residence is 13 East Glenwood Drive,
Cumberland County, Pennsylvania 17011.
2. Co-plaintiff is Jeanne Pelayo, an adult individual and mother of Plaintiff
Vogelsong, who resides at 13 East Glenwood Drive, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. Defendant is Taylar Gruver, an adult individual who resides at 780
Yocumtown Road, Etters, Pennsylvania 17319.
4. The subject child is Sage Gruver (hereinafter, "the Child"), who was born
on July 5, 2007, and who resides with Defendant at 780 Yocumtown Road, Etters,
Pennsylvania 17319.
5. Plaintiff Vogelsong seeks shared legal custody and visitation of the Child.
6. Plaintiff Pelayo seeks partial physical custody of the Child.
7. The Child is believed to have lived at the following address with the
following parties:
Address Dates
8.
9
Parties
780 Yocumtown Road Birth to Present Mother, Maternal
Etters, PA 17319 Grandparents, Two uncles
The relationship of Plaintiff Vogelsong to the Child is that of natural father.
The relationship of Plaintiff Pelayo to the Child is that of natural paternal
grandmother.
10. The relationship of Defendant to the Child is that of natural mother.
11. Plaintiffs have not participated as a party or in any other capacity in
other litigation concerning the custody of the Child in this or any other Court.
12. Plaintiffs have no information of a custody proceeding concerning the
Child pending in a Court of this Commonwealth.
13. Each parent whose parental rights to. the Child has not been terminated
and the person who has physical custody of the Child have been named as parties to
this action.
14. No other persons are known by Plaintiffs to have or claim to have any right
to custody or visitation of the child other than the parties to this action.
15. Roughly four months prior to the Child's birth, Defendant evinced a settled
purpose in relinquishing her responsibility as parent of the Child, serving Plaintiff
Vogelsong with proposed Consent to Adoption papers.
16. Plaintiff Vogelsong and Defendant, formerly in a relationship with one
another, were no longer together at the time Plaintiff Vogelsong was served with said
Consent to Adoption papers.
17. The service of said Consent to Adoption papers was the first Plaintiff
Vogelsong was made aware that Defendant was pregnant and that she believed the
Child to be his.
18. Plaintiff Vogelsong refused to consent to the adoption of the Child;
informing Defendant that, if he was the biological father, he wanted to take an active,
responsible, parental role in the Child's life.
19. The resolve of Plaintiff Vogelsong to refuse consent to the Child's
adoption thwarted the Defendant's plans to give the Child away.
20. Defendant has throughout the Child's entire lifetime completely prohibited
Plaintiff Vogelsong and his entire family from any interaction with the Child, despite
Defendant's previous acknowledgement that the Child was the biological child of
Plaintiff Vogelsong and the biological grandchild of Plaintiff Pelayo.
21. Defendant has refused to allow Plaintiff Vogelsong or Plaintiff Pelayo to
see the Child even one time, despite their appeals to her to allow access to the Child.
22. Defendant has to the date of the filing of this Complaint, prevented
Plaintiffs from acting in any parental role whatsoever, despite the repeated pleas of
Plaintiffs to be allowed to do so, even at a time when parentage of the Child was only
speculative as avowed by Defendant.
23. Plaintiff Vogelsong was reasonably uncertain that he was the father of the
Child whom Defendant had pressured him to give away, and therefore filed a Complaint
to Establish Paternity in the Court of Common Pleas of York County on January 22,
2008.
24. Defendant recanted her averment that Plaintiff Vogelsong was the
biological father of the Child, it is believed in an effort to discourage Plaintiffs from
ultimately pursuing custody of the Child once they determined she was the daughter of
Plaintiff Vogelsong.
25. On June 4, 2008, Plaintiff Vogelsong's Paternity cause of action
concluded as the paternity test revealed Plaintiff Vogelsong to be the Child's biological
father.
26. The Child was born out of wedlock.
27. Plaintiff Vogelsong and Defendant were never married.
28. Plaintiff Vogelsong has acted affirmatively in attempts to perform as the
Child's father, and endeavored to be a part of the Child's life, from the time before the
Child's birth and thereafter; however Defendant has rebuffed, obstructed and prevented
Plaintiff Vogelsong from assuming a parental role with the Child at every instance.
29. Plaintiff Vogelsong has evinced and continues to evince a settled purpose
to perform his parental duties, despite that his incarceration has served to limit severely
his ability to pursue the matter of his potential fatherhood; Plaintiff Vogelsong has never
ceased his efforts to pursue his potential and realized custody rights involving his
daughter.
31. Plaintiff Vogelsong is scheduled to be transferred to Quehanna Boot
Camp, 4395 Quehanna Highway, Karthaus, Pennsylvania 16845, in approximately one
month.
32. It is probable that Plaintiff Vogelsong will be released from his
incarceration in April or May of 2009.
33. Plaintiffs Vogelsong and Pelayo desire to ensure that no further time is
wasted and that the Child immediately begins to forge a bond and foster a relationship
with her father and her entire paternal family during this crucial, formulative time of her
life.
34. Plaintiff Pelayo has acted affirmatively to perform in a parental role,
particularly while her son, Plaintiff Vogelsong, is incarcerated.
35. Defendant has obstructed and prevented Plaintiff Pelayo from assuming a
parental role with the Child, despite her many attempts to do so.
36 Plaintiff Pelayo will gladly and freely assist Defendant in her motherly
duties in the care of the Child, and will accede to assist Defendant financially with the
care of the Child.
37. Plaintiff Pelayo will protect the emotional well-being of the Child, who has
thus far been estranged from her father, Plaintiff Vogelsong, and her entire paternal
family.
38. Plaintiff Pelayo will not interfere with the parent-child relationship between
the Child and Defendant; to the contrary, Plaintiff Pelayo will freely make every effort to
encourage and nurture the relationship between the Child and Defendant.
39. Plaintiff Pelayo will not interfere with the parent-child relationship between
the Child and Plaintiff Vogelsong; to the contrary, Plaintiff Pelayo will freely make every
effort to encourage and nurture the relationship between the Child and Plaintiff
Vogelsong.
40. It is in the best interest of the Child that Plaintiff Vogelsong, her natural
father, who has made every effort to be a active and involved parent to the Child, be
awarded shared legal custody of the Child, to have the right to have input and to be
informed as to situations and events in the Child's life, even while he is incarcerated.
41. It is in the best interest of the Child for Plaintiff Vogelsong to be awarded
visitation to nurture a relationship between the Child and her father even while Plaintiff
Vogelsong is incarcerated; and because permitting Defendant to further obstruct any
connection between the Child and Plaintiff Vogelsong will result in permanent damage
to a continuing, meaningful relationship between the Child and her father.
42. It is in the best interest of the Child for Plaintiff Pelayo to be awarded
partial physical custody of the Child to nurture a relationship between the Child and her
paternal family even while Plaintiff Vogelsong is incarcerated; and because permitting
Defendant to further obstruct any connection between the Child and Plaintiff Pelayo will
result in permanent damage to a continuing, meaningful relationship between the Child,
Plaintiff Vogelsong, and the Child's entire paternal family.
43. Plaintiff Vogelsong has no objection to an award of partial physical
custody of the Child to Plaintiff Pelayo.
44. The best interest and permanent welfare of the Child will be served by
granting the relief requested for all the reasons stated herein.
WHEREFORE, Plaintiff Vogelsong respectfully requests this Honorable Court to
grant Plaintiff Vogelsong Shared Legal Custody and Visitation of the minor Child; and
Plaintiff Pelayo respectfully requests this Honorable Court to grant Plaintiff Pelayo
Partial Physical Custody of the minor Child.
Respectfully Submitted,
ICES
4 6 Ito /o(f
Date ri ndr Snyder, Esquire
Pitt Street
isle, PA 17013
(717) 245-9688
Attorney for Plaintiffs
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
69 ? O-off,
Date
Casey Vogelsong, Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date
Jeanne Pelayo, Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Custody Complaint, by
certified mail, return receipt requested, postage pre-paid, and by depositing the same in
the United States Mail, first class, postage pre-paid on the Eleventh day of June, 2008,
from Carlisle, Pennsylvania, addressed as follows:
Taylar Gruver
780 Yocumtown Road
Etters, PA 17319
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
Attorney for Plaintiff
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CASEY VOGELSONG AND JEANNE
PELAYO
PLAINTIFF
V.
TAYLAR GRUVER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3527 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, June 18, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 22, 2008 at 1:00 PM
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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ John j. Mangan, Jr., Esq.
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
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OCT 01 2008 6, 9-
CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this day o r 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Mother, Taylar Gruver, shall have primary legal custody of Saige Gruver,
born 07/05/2007. The Mother shall have the right to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. However, pursuant to the terms of 23 Pa.C.S. §5309, each
parent shall be entitled to all records and information pertaining to the Child including, but not
limited to, medical, dental, religious or school records, the residence address of the Child and
of the other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Paternal
Grandmother's partial physical custody/visitation as follows:
a. Paternal Grandmother shall have partial physical custody/visitation with Saige
every other Sunday from 11:30 am until 3:30 pm at Mother's residence or in the
community by agreement.
b. The Paternal Grandmother and Mother may expand/alter said times, days and
locations as the visitation schedule progresses and as Mother and Paternal
Grandmother may agree with an eye toward what is in the Child's best interest.
3. Counseling: The parties are directed to engage in family counseling with a mutually-agreed
upon professional. The cost of said counseling, after appropriate payment through insurance,
shall be split equally between the parties.
4. The Plaintiffs shall have reasonable telephone contact with the Child.
5. Holidays: The Mother shall allow Paternal Grandmother some appropriate time by mutual
agreement during the major holidays to have contact with the Child.
6. No party to this action may say or do anything nor permit a third party to do or say anything
that may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Child.
7.
8
9.
10.
In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
It is specifically noted that nothing in the instant Order shall preclude Father from asserting his
custodial rights to Saige (i.e. to modify this Order) when he has the ability/desire to do so.
A status update conference (via telephone) is hereby scheduled for November 5, 2008 at 10:00
am, to be initiated by the assigned conciliator.
This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
Lorin Snyder, Esquire - a e jug;
Barbara Sumple Sullivan, Esquire ,ca?rua
John J. Mangan, Esquire
ce)
L.? it r
CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCHdATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name Date of Birth Currently in the Custody of
Saige Gruver 07/05/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008
with the following individuals in attendance:
The Mother, Taylar Gruver, with her counsel, Barbara Sumple-Sullivan, Esq.
The Father via telephone, Casey Vogelsong, and the paternal grandmother, Jeanne
Pelayo, with their counsel, Lorin Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo J. angan, Es e
c o Conciliator
NOV 10 2008 ??-CASEY VOLGELSONG AND JEANNE IN THE COURT OF COMMON PLEAS OF
PELAYO
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-3527 CIVIL ACTION LAW
TAYLAR GRUVER, IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley, P.J.
ORDER OF COURT
AND NOW this day of November 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Mother, Taylar Gruver, shall have primary legal custody of Saige Gruver,
born 07/05/2007. The Mother shall have the right to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. However, pursuant to the terms of 23 Pa.C.S. §5309, each
parent shall be entitled to all records and information pertaining to the Child including, but not
limited to, medical, dental, religious or school records, the residence address of the Child and
of the other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Paternal
Grandmother's partial physical custody/visitation as follows:
a. Paternal Grandmother shall have partial physical custody/visitation with Saige
every other Sunday from 10:00 am until 6:00 pm at Paternal Grandmother's
residence or in other locations by mutual agreement.
b. Paternal Grandmother shall also have partial physical custody/visitation with
Saige on Fridays that Paternal Grandmother does not work from 9:00 am until
1:30 pm. Paternal Grandmother shall give Mother at least seven (7) days' notice
of when Paternal Grandmother does not work.
C. The parties have agreed that during the first two (2) custodial periods at Paternal
Grandmother's residence, Mother shall also be present at her discretion.
d. Paternal Grandmother shall have physical custody/visitation with Saige on
Friday 12/26/2008 from 10:00 am until 6:00 pm.
e. The Paternal Grandmother and Mother may expand/alter said times, days and
locations as the visitation schedule progresses and as Mother and Paternal
Grandmother may agree with an eye toward what is in the Child's best interest.
4. Counseling: The parties are directed to engage in family counseling with a mutually-agreed
upon professional. The cost of said counseling, after appropriate payment through insurance,
shall be split equally between the parties.
5. The Plaintiffs shall have reasonable telephone contact with the Child.
6. Holidays: The Mother shall allow Paternal Grandmother some appropriate time by mutual
agreement during the major holidays to have contact with the Child.
7. No party to this action may say or do anything nor permit a third party to do or say anything
that may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Child.
8. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. It is specifically noted that nothing in the instant Order shall preclude Father from asserting his
custodial rights to Saige (i.e. to modify this Order) when he has the ability/desire to do so.
10. A status update conference (via telephone) is hereby scheduled for February 5, 2009 at 9:00
am, to be initiated by the assigned conciliator. The purpose of said conference is to ascertain
whether Saige spending overnights with Paternal Grandmother is appropriate.
11.
This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
Lorin Snyder, Esquire
!wu?
Barbara Sumple Sullivan, Esquire tVeLz1
John J. Mangan, Esquire
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CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527
CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
2. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Saige Gruver 07/05/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008,
an Order issued October 1, 2008 and telephonic status updates held November 5 and
November 7, 2008 with the following individuals in attendance:
The Mother, Taylar Gruver, by and through her counsel, Barbara Sumple-Sullivan, Esq.
The Father, Casey Vogelsong, and the paternal grandmother, Jeanne Pelayo, by and
through their counsel, Lorin Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
4'-??-
Date
JUN 2 2 2009(
CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
No. 08-3527
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this 2•'---day of June 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Mother, Taylar Gruver, and the Father, Casey Vogelsong, shall have
shared legal custody of Saige Gruver, born 07/05/2007. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding her health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
and Paternal Grandmother's partial physical custody/visitation as follows:
a. Commencing 07/01/09, Father and Paternal Grandmother shall have partial
physical custody/visitation with Saige every other Wednesday from 4:00 pm
until 8:00 pm at Paternal Grandmother's residence or in other locations by
mutual agreement.
b. Commencing 06/26/09, Father and Paternal Grandmother shall also have partial
physical custody/visitation with Saige every other Friday from 10:00 am until
6:00 pm at Paternal Grandmother's residence or in other locations by mutual
agreement.
C. Commencing 06/21/09, Father and Paternal Grandmother shall have partial
physical custody/visitation with Saige every other Sunday from 1:00 pm until
7:00 pm at Paternal Grandmother's residence or in other locations by mutual
agreement.
d. In lieu of Father and Paternal Grandmother having custody on Sunday 07/05/09,
Father and Paternal Grandmother shall have custody of Saige on 07/03/09 from
1:00 pm until 7:00 pm at Paternal Grandmother's residence or in other locations
by mutual agreement.
e. Father and Paternal Grandmother shall have partial physical custody/visitation
on 07/07/09 from 10:00 am until 6:00 pm as well as additional time by
agreement between 07/06/09 and 07/12/09.
f. Mother shall transport Saige to Paternal Grandmother's residence for the
beginning of Father and Paternal Grandmother's custodial periods and the
parties shall meet at the McDonald's off route 83 by Cedar Cliff for Mother to
receive Saige back.
g. The Father, Paternal Grandmother and Mother may expand/alter said times, days
and locations as the visitation schedule progresses and as Mother, Father and
Paternal Grandmother may agree with an eye toward what is in the Child's best
interest.
h. The parties have agreed to, and shall, allow Mother to be present for a
reasonable period of time, i.e. a couple of hours, at Paternal Grandmother's
residence for the first few times that Father has partial custody of Saige to
enhance Mother's comfort level that all interactions are appropriate. Paternal
Grandmother has agreed to be present for Father and Paternal Grandmother's
periods of partial physical custody.
4. Counseling: The parties are strongly encouraged to resume therapeutic family counseling with
a mutually-agreed upon professional. The cost of said counseling, after appropriate payment
through insurance, shall be split equally between the parties.
5. The Plaintiffs shall have reasonable telephone contact with the Child.
6. The Court specifically notes that Mother has given appropriate notice that she and the Child are
going on vacation from July 28, 2009 until August 4, 2009.
7. Holidays: The Mother shall allow Father and Paternal Grandmother some appropriate time by
mutual agreement during the major holidays to have contact with the Child.
8. No party to this action may say or do anything nor permit a third party to do or say anything
that may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or affection for
the other party. To the extent possible, the parties shall not allow third parties to disparage the
other party in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
10. A status update conference is hereby scheduled for August 20, 2009 at 9:00 am at the Court of
Common Pleas in Carlisle, PA 17013.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
Lorin Snyder, Esquire
Barbara Sumple Sullivan, Esquire X-fe"
John J. Mangan, Esquire
Father and Paternal Grandmother's physical custody/visitation schedule
Wednesday Thursday
l0 amto6pm
4pmto8pm
10 am to6pm
4 pm to 8 pm
1 pm to 7 pm
1 pm to 7 pm
/,-.2-3-01
CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCIIdATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name Date of Birth Currently in the Custody of
Saige Gruver 07/05/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008, an
Order issued October 1, 2008 and telephonic status updates held November 5 and November 7,
2008, an Order issued November 12, 2008, a status conference was held February 5, 2009, an
Order was issued February 9, 2009 and a status update was held June 16, 2009 with the
following individuals in attendance:
The Mother, Taylar Gruver, with her counsel, Barbara Sumple-Sullivan, Esq.
The Father, Casey Vogelsong, and and the paternal grandmother, Jeanne Pelayo, with
their counsel, Lorin Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J an , Esquire
Cus dy nciliator
C,7 Tlir-
20 OL 9 JUlJ t, 23 A'I 1 08 : 2 5
CASEY VOGELSONG and,
JEANNE PELAYO,
Plaintiffs,
V.
TAYLAR GRUVER,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 3527 CIVIL TERM
IN CUSTODY
PETITION FOR CUSTODY EVALUATION AND PROFESSIONAL ASSISTANCE
AND NOW, come the Petitioners, Casey Vogelsong and Jeanne Pelayo, by and
through their attorneys, Turo Law Offices, requesting payment for independent custody
evaluation and professional assistance as follows:
1. Petitioners are Casey Vogelsong and Jeanne Pelayo, adult individuals
who reside at 13 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania.
2. Respondent is Taylar Gruver, an adult individual who resides at 780
Yocumtown Road, Etters, Pennsylvania.
3. At issue is the custody of one minor child, Saige Gruver, born July 5,
2007.
4. Petitioners filed a Complaint in Custody on June 11, 2008.
5. The most recent Order of Court was signed by the Hon. Edgar B. Bayley
on June 22, 2009, memorializing the outcome of the Custody Conciliation Conference
as enumerated therein. (A copy of the Order of Court, marked Exhibit "A" is attached
and included herein by reference as if fully set forth.)
6. The most recent Custody Conciliation Conference, which occurred on
August 20, 2009, produced no agreement between the parties and a hearing in this
matter is due to be scheduled.
7. Petitioners believe that an expert custody evaluation is indispensable to
the disposition of this matter concerning the child's well being.
8. Petitioners are without sufficient funds to procure the services of a
professional to perform a custody evaluation.
9. It is Petitioners' understanding that Respondent is also without sufficient
funds to procure the services of a professional for the purposes of a custody evaluation.
10. Casey Shienvold, Psy.D., M.D.A., of Riegler, Shienvold and Associates
will perform the requested custody evaluation for the anticipated hearing for a fee
between $5,000 and $6,000, and provide testimony at the anticipated hearing for a fee
comprising $750 for half of a day and $1,500 for a full day.
11. Counsel for Respondent, Barbara Sumple-Sullivan, Esquire, was
contacted concerning this petition but could not be reached concerning concurrence.
WHEREFORE, Petitioners respectfully request that this Honorable Court issue
an Order directing Respondent to consent to a custody evaluation involving the minor
child, said evaluation to commence within fifteen (15) days; and to direct the costs of the
evaluation, report and testimony by Kasey Shienvold, Psy.D., M.B.A., costs to be paid
by the Court and, if necessary, to continue this matter until such time as the custody
evaluation is complete and the doctor is prepared to testify as to the results.
Respectfully Submitted,
LAVA0EFICES
0 9/0
Date
L?oSitS?Cn?w nyder, Esq.
E4 S. Pitt Str Pet
Carlisle, P 17013
-9688
CASEY VOGELSONG and, IN THE COURT OF COMMON PLEAS OF
JEANNE PELAYO, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V. : NO. 08 - 3527 CIVIL TERM
TAYLAR GRUVER,
Defendant. IN CUSTODY
ORDER OF COURT
AND NOW, this day of
2009, upon review of the
attached Petition, the Court grants Petitioners' requests as follows:
(1) Respondent, Taylar Gruver, is directed to consent to a custody evaluation
involving the minor child, Saige Gruver, said evaluation to commence within fifteen (15)
days of the date of this Order;
(2) The costs of the evaluation, report and testimony by Kasey Shienvold, Psy.D,
M.B.A., are to be paid by the Court; and
(3) This matter is continued generally until this Court is notified that the custody
evaluation is complete and the doctor is prepared to testify as to the results.
BY THE COURT:
Hon. Edgar B. Bayley, P.J.
c.c. Lorin Andrew Snyder, Esquire
Barbara Sumple-Sullivan, Esquire
VERIFICATION
I verify that the statements contained in the Petition for Custody Evaluation and
Professional Assistance are true and correct, to the best of my knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
0) /0 Z16P
Date
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition for Custody
Evaluation and Professional Assistance upon Barbara Sumple-Sullivan, Esquire by
depositing same in the United States Mail, first class, postage pre-paid on the Second
day of September, 2009, from Carlisle, Pennsylvania, addressed as follows:
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
Snydhr, Esquire
uro Law
8 South
Carlisle, PA 17011
(717) 245-9688
Attorney for Petitioners
Or RE y
2609 SEP -2 F U E
C?hM1 ??? ,.ti+, re \, i.°, i? i- e
SEP 012009-en
CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this o?" day of September 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders of Court are hereby VACATED and replaced with this Order.
2. This Order is entered pursuant tq_a Custod Conciliation Conference. A Custody Hearing is
hereby scheduled on the ? / 67 day of3= , 2009 at 1: 3 0 aj)a/pm in Courtroom
number _2_ in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Child. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
3. Legal Custodv: The Mother, Taylar Gruver, and the Father, Casey Vogelsong, shall have
shared legal custody of Saige Gruver, born 07/05/2007. The parties shall have an equal right
to make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding her health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
4. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's
and Paternal Grandmother's partial physical custody/visitation as follows:
a. Commencing 07/01/09, Father and Paternal Grandmother shall have partial
physical custody/visitation with Saige every other Wednesday from 4:00 pm
until 8:00 pm at Paternal Grandmother's residence or in other locations by
mutual agreement.
b. Commencing 06/26/09, Father and Paternal Grandmother shall also have partial
physical custody/visitation with Saige every other Friday from 10:00 am until
6:00 pm at Paternal Grandmother's residence or in other locations by mutual
agreement.
C. Commencing 06/21/09, Father and Paternal Grandmother shall have partial
physical custody/visitation with Saige every other Sunday from 1:00 pm until
7:00 pm at Paternal Grandmother's residence or in other locations by mutual
agreement.
d. Mother shall transport Saige to Paternal Grandmother's residence for the
beginning of Father and Paternal Grandmother's custodial periods and the
parties shall meet at the McDonald's off route 83 by Cedar Cliff for Mother to
receive Saige back.
e. The Father, Paternal Grandmother and Mother may expand/alter said times, days
and locations as the visitation schedule progresses and as Mother, Father and
Paternal Grandmother may agree with an eye toward what is in the Child's best
interest.
5. Counseling: The parties are strongly encouraged to resume therapeutic family counseling with
a mutually-agreed upon professional. The cost of said counseling, after appropriate payment
through insurance, shall be split equally between the parties.
6. The Plaintiffs shall have reasonable telephone contact with the Child.
7. Holidays: The Mother shall allow Father and Paternal Grandmother some appropriate time by
mutual agreement during the major holidays to have contact with the Child.
8. No party to this action may say or do anything nor permit a third party to do or say anything
that may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or affection for
the other party. To the extent possible, the parties shall not allow third parties to disparage the
other party in the presence of the Child.
9. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as possible after the emergency is handled.
10. By mutual agreement, either party may directly contact the assigned conciliator to schedule a
conference prior to the scheduled hearing date in the event the parties feel that a conference is
necessary or appropriate.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
Distribution:
,-<orin Snyder, Esquire
.A bara Sumple Sullivan, Esquire
?John J. Mangan, Esquire
eO *" M y.?
Q/3/OQ
Father and Paternal Grandmother's physical custody/visitation schedule
Monday Tuesday Wednesday Thursday Friday Saturday Sunda
10 am to 6 pm
4 pm to 8 pm 1 pm to 7 pm
10 am to 6 pm
4 pm to 8 pm 1 pm to 7 pm
CASEY VOLGELSONG AND JEANNE IN THE COURT OF COMMON PLEAS OF
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name
Saige Gruver
Date of Birth
07/05/2007
Currently in the Custody of
Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008, an
Order issued October 1, 2008 and telephonic status updates held November 5 and November 7,
2008, an Order issued November 12, 2008, a status conference was held February 5, 2009, an
Order was issued February 9, 2009, a status update was held June 16, 2009, an Order was
issued June 22, 2009 and a status conference was held August 20, 2009 with the following
individuals in attendance:
The Mother, Taylar Gruver, with her counsel, Barbara Sumple-Sullivan, Esq.
The Father, Casey Vogelsong, and the paternal grandmother, Jeanne Pelayo, with their
counsel, Lorin Snyder, Esq.
3. Mother's position on custody is as follows: Mother would like the status quo to remain in
place. Mother does not feel it is appropriate for Saige to be spending overnights with Father.
Mother indicates that Saige is anxious when separated from Mother. Mother indicates that
Saige is not sleeping well during the night and has concerns if Saige was with Father overnight.
4. Father's position on custody is as follows: Father indicates that he has been bonding with his
daughter and Saige feels comfortable around him and paternal grandmother. Father indicates
that he wants more time with Saige and desires a shared custody arrangement. Father indicates
that he has all of the appropriate sleeping/child care arrangements set up. Father would like to
begin having Saige overnight.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this
would be in the Child's best interest. It is expected that the Hearing will require one half day.
6.
Date
The proposed recommended Order may contain a requirement that the parties file a pre-trial
memorandum with the Judge to whom the matter has been assigned.
f5-/-z
John f Zzl?____ -
. M gan, Esquir
Cust dy Conciliator
OF THE FP' 7::.I1O WY
2009 SEP -2 PM ?: 0 4
? -.:'}
CASEY VOGELSONG and,
JEANNE PELAYO,
Plaintiffs,
V.
TAYLAR GRUVER,
Defendant.
AND NOW, this
day of
of the within Petition for Custody Evaluation, it is hereby ORDERED and decreed that:
A rule is hereby issued upon the Respondent, Taylar Gruver, to show cause, if any, as
to why the Petitioners, Casey Vogelsong and Jeanne Pelayo, are not entitled to the
relief requested.
Rule returnable days after service.
By the Court,
C.C. Zrin Andrew SnYder Esq.
Barbara Sumple-Sullivan, Esq
a If/?q
Ilk-
Boni E.s ???1.
I
2009, upon presentation
J.
W r4tq.% Y?" ? j
,rS
GA-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 3527 CIVIL TERM
IN CUSTODY
RULE TO SHOW CAUSE
?Ii..? F t L
II t ? 3
2009 SEA' -3 Fil {,; 0'
CASEY VOGELSONG
AND JEANNE PELAYO
Plaintiffs
V.
TAYLAR GRUVER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08-3527
: CIVIL ACTION -CUSTODY
CUSTODY STIPULATION AGREEMENT
THIS STIPULATION AND AGREEMENT, entered into this -27 day of October,
2009, by and between Casey A. Vogelsong, Jeanne Pelayo and Taylar R. Gruver is executed in
contemplation of becoming an Order of Court.
WHEREAS, Saige F. Gruver (hereinafter the "Child'), born July 5, 2007, is the natural
child of Casey A. Vogelsong (hereinafter the "Father") and Taylar R. Gruver (hereinafter the
"Mother"), and the natural paternal grandchild of Jeanne Pelayo (hereinafter the "Paternal
Grandmother"); and
WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the
custody of Saige F. Gruver.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1. All previously existing custody orders are hereby vacated.
2. Saige F. Gruver (hereinafter the "Child"), born July 5, 2007, is the natural child of
Casey A. Vogelsong (hereinafter the "Father") and Taylar R. Gruver (hereinafter the "Mother"),
and the natural paternal grandchild of Jeanne Pelayo (hereinafter the "Grandmother"). The
paternal grandmother shall be terminated as a party to this action and her rights shall be
derivative through the custodial schedule of Father.
3. Shared legal custody of the child as contemplated by the Act of October
30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both the Father and the Mother, as the
natural parents. Major decisions concerning the Child, including, but not necessarily limited to,
the Child's health, welfare, education, religious training and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the Child's best interest. Each parent shall not impair the other
party's rights to shared legal custody of the child. Each parent shall not alienate the affections for
the Child from the other party. Each parent shall notify the other of any activity or circumstance
concerning the Child that could reasonably be expected to be of concern to the parent then
having physical custody. With regard to any emergency decisions that must be made, the party
having physical custody of the Child at the time of the emergency shall be permitted to make any
immediate decisions necessitated thereby. However, that parent shall inform the other of the
emergency and consult with him or her as soon as thereafter possible. Each parent shall be
entitled to complete and full information from any doctor, dentist, teacher, professional or
authority and to have copies of any reports given to either party as a guardian or custodian.
Mother is to provide Father with reasonable advance notice as to the child's doctor and school
related appointments so that he has an opportunity to attend.
2
4. The Mother shall have primary physical custody of the Child subject to the
following periods of partial physical custody with the Father:
a. Every other weekend, commencing the weekend of November 6, 2009,
from Friday at 8:00 a.m. to Sunday at 8:00 a.m.
b. Every Tuesday from 10:00 a.m. to 6:00 p.m.
5. Custody of the Child shall be as follows for the holidays:
a. EASTER: The Easter Holiday shall be shared between the parents. It shall be
divided into two segments. Segment A shall be from 6:00 p.m. on the Saturday before
Easter until noon on Easter Day. Segment B shall be from noon on Easter Day until 6:00
p.m. on Easter Day. In odd-numbered years, Father shall have Segment A and Mother
shall have Segment B. In even years, Mother shall have Segment A and Father shall have
Segment B. Each party shall have the right to take the Child on a public Easter Egg Hunt
event. If a conflict exists as to the timing of a specific Easter Egg Hunt, the party having
Segment A for that year shall have the right to take the child to the Easter Egg Hunt.
b. THANKSGIVING: The Thanksgiving holiday shall be shared between the
parents. It shall be divided in two segments. Segment A shall be from the Wednesday
before Thanksgiving until Thanksgiving Day at 2:00 p.m. Segment B shall be from 2:00
p.m. on Thanksgiving Day until 8:00 a.m. on the Friday following Thanksgiving when
the regular weekend schedule would commence. Mother shall have Segment A in odd
years and Father shall have Segment B in odd years. Father shall have Segment A in
even years and Mother shall have Segment B in even years.
c. CHRISTMAS: The Christmas Holiday shall be shared between the parties. The
holiday shall be divided into two segments. Segment A shall be from Christmas Eve at
9:00 a.m. until Christmas Day at noon. Segment B shall be from Christmas Day at noon
until December 26`h at 3:00 p.m. Mother shall have Segment A in odd years and Father
shall have Segment B in odd years. Father shall have Segment A in even years and
Mother shall have Segment B in even years.
d. NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY and
LABOR DAY: The following holidays shall alternate yearly between the parties:
a) New Years Day.
b) Memorial Day;
c) Independence Day; and
d) Labor Day.
The holiday shall be defined as 9:00 a.m. on the day of the holiday until 6:00 p.m.
on the day of the holiday. The schedule shall commence with Father having Memorial
and Labor Day in odd years and Mother having New Year Day and Independence Day in
odd years. Mother shall have Memorial Day and Labor Day in even years and Father
shall have New Years Day and Independence Day in even years.
e. Miscellaneous Holidays:
1) HALLOWEEN: For Halloween, the parties shall alternate the right to
take the Child trick-or-treating when the event is scheduled for his or her area.
4
Father shall have the right for Halloween in 2009. Mother shall have the right for
Halloween in 2010. The parties shall alternate annually thereafter. However, the
non-custodial parent for any Halloween celebration shall have the right of an
additional custodial period during that Halloween period to allow that parent to
attend a Halloween parade on an evening prior to the holiday with the child,
provided the parade does not coincide with the custodial parent's trick-or-treating.
2) CHILD'S BIRTHDAY: Custody shall be shared for the Child's
birthday. The birthday shall be divided into two segments: Segment A from 6:00
p.m. on the day before the birthday until 2:00 p.m. on the day of her birthday and
Segment B from 2:00 p.m. on the day of her birthday until noon on the day
following her birthday. Mother shall have Segment A in even years and Father
shall have Segment B in even years. Father shall have Segment A in odd years
and Mother shall have Segment B in odd years.
6. Vacation: The Father and Mother shall each have custody one (1) week of
summer vacation in 2010. This shall be increased to two non-consecutive weeks of vacation in
2011 and each year thereafter. Notice of the proposed vacation week shall be exchanged between
the parties by May 15th of each year. At least thirty days prior to the actual vacation week, the
custodial parent shall provide the following to the non-custodial parent:
a. A complete itinerary of the vacation,
b. A list of all parties accompanying the Child on the vacation, and
c. Contact telephone numbers for the Child.
7. While in the presence of the Child, no party shall make or permit to be made by
any person, any remarks or actions which could in any way be construed as derogatory or
uncomplimentary to any of the parties involved, or in any way injure the opinion of the Child as
to any of the parties, or in any way estrange the Child from either the Father or the Mother. It
shall be the responsibility of each party to uphold the other parties as those to whom the Child
owes love and respect.
8. The Father and Mother shall have liberal and reasonable telephone contact with
the Child when the Child is in the custody of the other party.
9. All exchanges of custody shall occur at the Giant supermarket in New
Cumberland.
10. While in physical custody of the Child, neither parent shall consume alcohol,
imbibe in illegal drugs, or engage in smoking. While in physical custody of the Child, neither
parent shall permit any other person in the child's presence to consume alcohol to the point of
intoxication, imbibe in illegal drugs, or engage in smoking.
6
11. If either parent desires to establish a residence more than forty (40) miles from his
or her present residence, or outside of the Commonwealth of Pennsylvania, he or she shall give
the other parent ninety (90) days written notice in advance of the proposed move in order to give
the parties the opportunity to confer prior to the relocation.
12. The provisions in this Order shall be strictly adhered to unless otherwise agreed
upon by the parties herein. The parties are free to modify the terms of this Order but, in order to
do so, the Court makes it clear that any parties whose custodial rights may be affected must be in
complete agreement to any new terms. In other words, the affected parties must consent on what
shall be the new terms of the custody arrangement or visitation schedule.
13. Within ten (10) days of the date of entry of this Stipulation as an Order of Court,
Mother shall provide Father with the child's social security number and the identity of the child's
primary care physician. However, the child's social security number shall only be used for
establishment of savings account or other endeavors beneficial to the best interest of the child.
14. Neither parent shall take the child into any jail or prison.
7
,. .
WHEREFORE, agreeing to be legally bound, the parties hereby affix their signatures.
?b 27 ?b?
Date /
Date
10) zo
Date
Casey . Vogels ng
/'0e U
J e Pelayo
Taylar . Crruver
/? FILED-OFFICE
OF THC PR ; H, Ol`40 TAARY
2009 OCT 27 PM 3= 03
„
CUM
OCT 2 7 20091
CASEY VOGELSONG IN THE COURT OF COMMON PLEAS OF
AND JEANNE PELAYO, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
v. NO. 08 - 3527
ORDER OF COURT
AND NOW, this Zot day of 09, upon consideration of
the attached Custody Stipulation Agreement, it is Ordered and Directed as follows:
1. All previously existing custody orders are hereby vacated.
2. Saige F. Gruver (hereinafter the "Child"), born July 5, 2007, is the natural
child of Casey A. Vogelsong (hereinafter the "Father") and Taylar R. Gruver (hereinafter
the "Mother"), and the natural paternal grandchild of Jeanne Pelayo (hereinafter the
"Grandmother"). The paternal grandmother shall be terminated as a party to this action
and her rights shall be derivative through the custodial schedule of Father.
3. Shared legal custody of the child as contemplated by the Act of October
30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both the Father and the Mother, as
the natural parents. Major decisions concerning the Child, including, but not necessarily
limited to, the Child's health, welfare, education, religious training and upbringing shall
be made by them jointly, after discussion and consultation with each other, with a view
toward obtaining and following a harmonious policy in the Child's best interest. Each
parent shall not impair the other party's rights to shared legal custody of the child. Each
parent shall not alienate the affections for the Child from the other party. Each parent
shall notify the other of any activity or circumstance concerning the Child that could
reasonably be expected to be of concern to the parent then having physical custody.
With regard to any emergency decisions that must be made, the party having physical
custody of the Child at the time of the emergency shall be permitted to make any
immediate decisions necessitated thereby. However, that parent shall inform the other
TAYLAR GRUVER,
Defendant. CIVIL ACTION - CUSTODY
Z
of the emergency and consult with him or her as soon as thereafter possible. Each
parent shall be entitled to complete and full information from any doctor, dentist,
teacher, professional or authority and to have copies of any reports given to either party
as a guardian or custodian. Mother is to provide Father with reasonable advance notice
as to the child's doctor and school related appointments so that he has an opportunity to
attend.
4. The Mother shall have primary physical custody of the Child subject to the
following periods of partial physical custody with the Father:
a. Every other weekend, commencing the weekend of November 6,
2009, from Friday at 8:00 a.m. to Sunday at 8:00 a.m.
b. Every Tuesday from 10:00 a. m. to 6:00 p.m.
5. Custody of the Child shall be as follows for the holidays:
a. EASTER: The Easter Holiday shall be shared between the parents. It
shall be divided into two segments. Segment A shall be from 6:00 p.m. on the
Saturday before Easter until noon on Easter Day. Segment B shall be from noon
on Easter Day until 6:00 p.m. on Easter Day. In odd-numbered years, Father
shall have Segment A and Mother shall have Segment B. In even years, Mother
shall have Segment A and Father shall have Segment B. Each party shall have
the right to take the child on a public Easter Egg Hunt event. If a conflict exists
as to the timing of a specific Easter Egg Hunt, the party having Segment A for
that year shall have the right to take the child to the Easter Egg Hunt.
b. THANKSGIVING: The Thanksgiving holiday shall be shared between
the parents. It shall be divided in two segments. Segment A shall be from the
Wednesday before Thanksgiving until Thanksgiving Day a 2:00 p.m. Segment B
shall be from 2:00 p.m. on Thanksgiving Day until 8:00 a.m. on the Friday
following Thanksgiving when the regular weekend schedule would commence.
Mother shall have Segment A in odd years and Father shall have Segment B in
odd years. Father shall have Segment A in even years and Mother shall have
Segment B in even years.
c. CHRISTMAS: The Christmas Holiday shall be shared between the
parties. The holiday shall be divided into two segments. Segment A shall be
from Christmas Eve at 9:00 a.m. until Christmas Day at noon. Segment B shall
be from Christmas Day at noon until December 26th at 3:00 p.m. Mother shall
have Segment A in odd years and Father shall have Segment B in odd years.
Father shall have Segment A in even years and Mother shall have Segment B in
even years.
d. NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY and
LABOR DAY: The following holidays shall alternate yearly between the parties:
a) New Years Day;
b) Memorial Day;
c) Independence Day; and
d) Labor Day.
The holiday shall be defined as 9:00 a.m. on the day of the holiday until
6:00 p.m. on the day of the holiday. The schedule shall commence with Father
having Memorial and Labor Day in odd years and Mother having New Years Day
and Independence Day in odd years. Mother shall have Memorial Day and
Labor Day in even years and Father shall have New Years day and
Independence Day in even years.
0
e. Miscellaneous Holidays:
1) HALLOWEEN: For Halloween, the parties shall alternate the
right to take the Child trick-or-treating when the event is scheduled for his
or her area. Father shall have the right for Halloween in 2009. Mother
shall have the right for Halloween in 2010. The parties shall alternate
annually thereafter. However, the non-custodial parent for any Halloween
celebration shall have the right of an additional custodial period during that
Halloween period to allow that parent to attend a Halloween parade on an
evening prior to the holiday with the child, provided the parade does not
coincide with the custodial parent's trick-or-treating.
2) CHILD'S BIRTHDAY: Custody shall be shared for the child's
birthday. The birthday shall be divided into two segments: Segment A
from 6:00 p.m. on the day before the birthday until 2:00 p.m. on the day of
her birthday and Segment B from 2:00 p.m. on the day of her birthday until
noon on the day following her birthday. Mother shall have Segment A in
even years and Father shall have Segment B in even years. Father shall
have Segment A in odd years and Mother shall have Segment B in odd
years.
6. Vacation: The Father and Mother shall each have custody one (1) week
of summer vacation in 2010. This shall be increased to two non-consecutive weeks of
vacation in 2011 and each year thereafter. Notice of the proposed vacation week shall
be exchanged between the parties by May 15th of each year. At least thirty days prior
to the actual vacation week, the custodial parent shall provide the following to the non-
custodial parent:
a. A complete itinerary of the vacation,
b. A list of all parties accompanying the Child on the vacation, and
words, the affected parties must consent on what shall be the new terms of the custody
arrangement or visitation schedule.
13. Within ten (10) days of the date of entry of this Stipulation as an Order of
Court, Mother shall provide Father with the child's social security number and the
identity of the child's primary care physician. However, the child's social security
number shall only be used for establishment of savings account or other endeavors
beneficial to the best interest of the child.
14. Neither parent shall take the child into any jail or prison.
c.c. Lorin Andrew Snyder, Esq.
Barbara Sumple-Sullivan, Esq. 4,,,,
FILED-+)FFICE
OF THE PROTHONOTARY
2009 OCT 29 AM 14= 14
r
• x
EILEG- C :' ,mac
?F 7HE
2010FiAR 10 P 4a
j"i
SMIGEL, ANDERSON & SACKS, LLP
James R. Demmel, Esquire ID #90918
4431 North Front Street, 3b Mr.
Harrisburg, PA 17110-1778
(717) 234-2401
idemmel asaslip.com
Attorney for Plaintiff
CASEY VOGELSONG,
AND JEANNE PELAYO
PLAINTIFF
V.
TAYLAR GRUVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-3527
: CIVIL ACTION -CUSTODY
PETITION FOR MODIFICATION OF A CUSTODY ORDER
AND NOW, comes Plaintiff, Casey Vogelsong, by and through his attorneys, SMIGEL,
ANDERSON & SACKS, LLP, and avers as follows:
1. Plaintiff is Casey Vogelsong (hereinafter referred to as "Father"), who resides at 13
East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is Taylar Gruver (hereinafter referred to as "Mother"), who resides at 780
Yocumtown Road, Etters, Cumberland County, Pennsylvania.
3. The parties are the parents of Saige Gruver (hereinafter referred to as the "Child"),
born July 5, 2007.
4. On October 27, 2009, the parties entered into a Custody Stipulation Agreement which
provided the parties with shared legal custody of the Child, Mother with primary physical custody of
the Child and Father with partial physical custody of the Child every other weekend from Friday at
$70.oo PA ATTY
C0 µ94a
PT# c239 -757
8:00 a.m. to Sunday at 8:00 a.m. and every Tuesday from 10:00 a.m. to 6:00 p.m. A true and
correct copy of the Custody Stipulation Agreement is attached hereto as Exhibit "A."
5. This Order should be modified because:
(a) Father is unable to exercise his periods of partial physical custody every
Tuesday from 10:00 a.m. to 6:00 p.m. due to a change in his work schedule which requires him to
work every Tuesday from 12:00 p.m. to 7:00 p.m.
(b) Father has suggested modifying his periods of partial physical custody to
accommodate his work schedule and still allow the Child to spend time with him, but Mother has
refused to modify the existing schedule.
(c) Father is a fit parent and is willing and able to provide adequate care for the
child.
(d) The Child sees Father as a source of love and affection.
(e) Father encourages a positive relationship between the Child and Mother.
(f) It is in the Child's best interest to spend regular and consistent time periods
with Father.
WHEREFORE, Father respectfully requests that this Honorable Court modify the existing
Order to provide the Child time with Father as follows:
(a) Every other weekend from Friday at 9 a.m. to Monday morning;
(b) Every Tuesday from 5:00 p.m. until 11:00 a.m. on Wednesday morning; and
(c) Every other Thursday (preceding Mother's custodial weekend) from 5:00 p.m.
until 11:00 a.m. Friday morning.
Respectfully submitted,
Date: It -T
SMIGEL, ANDERSON & SACKS, LLP
By:
J s R. D el, Esquire I.D.#: 90918
443 Front Street, 3d Mr.
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff
VERIFICATION
I, Casey Vogelsong, verify that the statements contained in the foregoing pleading are true
and correct to the best of my knowledge, information and belief. I understand that false statements
therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to
authorities.
Date:'3ZI c) Casey %gels%n-g-
SMIGEL, ANDERSON & SACKS, LLP
James R. Demmel, Esquire ID #90918
4431 North Front Street, 3" Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
idemmelAsasllp.com
Attorney for Plaintiff
CASEY VOGELSONG,
AND JEANNE PELAYO
PLAINTIFF
V.
TAYLAR GRUVER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-3527
: CIVIL ACTION -CUSTODY
CERTIFICATE OF SERVICE
I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby
certify that I served a true and correct copy of Petition for Modification of a Custody Order on
counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the
9 day of March, 2010, addressed as follows:
BARBARA SUMPLE-SULLIVAN, ESQUIRE
549 BRIDGE STREET
NEW CUMBERLAND, PA 17070-9131
SMIGEL, ANDERSON & SACKS, LLP
By:
D--
J s R. De el, Esquire I.D.#: 90918
443 Nort ront Street, 3rd Flr.
Harris urg, PA 17110
(717) 234-2401
Attorney for Plaintiff
FILED-DFFICE
OF THE P910TH0,1g0TARY
2010MAR -4 AM 10: 20
CASEY VOGELSONG -Q-URT OF COMMON PLEAS
ND
AND JEANNE PELAYO, COUNTY, PENNSYLVANIA
PLAINTIFF
V. DOCKET NO. 08-3527
TAYLAR GRUVER,
DEFENDANT : CIVIL ACTION- CUSTODY
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
:O THE P ROT" i'IOTAR`Y':
Please withdraw the appearance of the undersigned as counsel for Plaintiff, Casey Vogelsong,
in the above-captioned action.
TURO LAW OFFI
Date: Q Q 6' 2010
By:
L?rf . Snyde I.D.#: Q031q
28 outh Pitt Street
C lisle, PA .17013
A ornev for Pl i.w&
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as counsel for Plaintiff Casey Vogelsong, in
the above-captioned action.
()
Date: 3 U-
SMIGEL,
ANDERSON & SACKS, LLP
By: _._.
ames emmel, Esquire I.D.#: 90918
orth Front Street, 3rd Flr.
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff
CASEY VOGELSONG AND JEANNE
PELAYO
PLAINTIFF
V.
TAYLAR GRUVER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-3527 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, March 16, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq, the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 21, 2010 at 1:00 PM
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 ,)rounds 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ohn. Main r. Es
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 (7 17) 249-3166
4r?v
20 10 K`4R 167, ;'E ? 3,• "6
1 i
1
i5ll'
0
MAY 14 2010
CASEY VOLGELSONG AND JEANNE IN THE COURT OF COMMON PLEAS OF
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
Defendant c n
Prior Judge: Edgar B. Bayley, P.J.
C, j L
ORDER OF COURT
AND NOW this h, , day of May 2010, upon consideration of the attached C-stodgy
Conciliation Report, it is Ordered and Directed as follows:
1. The prior Order dated October 29, 2009 remains in full force and effect pending further Order
of Court.
2. This Order is entered pursuant to a CustoIdConciliation Conference. A Custody Hearing is
hereby scheduled on the I ?` day of , 2010 at . 3 b am/pm in Courtroom
number 5 in the Cumberland County o Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Child. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
3. By mutual agreement, either party may directly contact the assigned conciliator to schedule a
conference prior to the scheduled hearing date in the event the parties feel that a conference is
necessary or appropriate.
4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the Court,
D' tribution:
es Demmel, Esquire, 4431 North Front Street, P Floor, Harrisburg, PA 17110-1778
--'Barbara Sumple Sullivan, Esquire
-,'J'ofin J. Mangan, Esquire IBS ?'lZct ! ?£?
!/d
CASEY VOLGELSONG AND JEANNE IN THE COURT OF COMMON PLEAS OF
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name
Saige Gruver
Date of Birth
07/05/2007
Currently in the Custody
Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008, an
Order issued October 1, 2008 and telephonic status updates held November 5 and November 7,
2008, an Order issued November 12, 2008, a status conference was held February 5, 2009, an
Order was issued February 9, 2009, a status update was held June 16, 2009, an Order was
issued June 22, 2009, a status conference was held August 20, 2009, an Order was issued
September 02, 2009, a stipulated Order was issued October 29, 2009, a conference was held
April 21, 2010 with the following individuals in attendance:
The Mother, Taylar Gruver, with her counsel, Barbara Sumple-Sullivan, Esq.
The Father, Casey Vogelsong, with his counsel, James Demmel, Esq.
3. Mother's position on custody is as follows: Mother indicated that she would be willing to
consider adjusting the current custodial schedule to accommodate Father's work schedule.
Mother offered two three hour custodial periods in the morning from 8:00 am until 11:00 am or
from 8:30 am until 11:30 am between Monday and Friday. Mother does not feel that
overnights are appropriate between Monday and Friday. In regard to the alternating weekends,
Mother indicated that she would like Saige returned to her Sunday morning so that she can take
the Child to church. However, Father responded that he would also like to take the Child to
church. Mother indicated that she would be willing to consider extending his alternating
weekends until Sunday evening if Father would be willing to have custodial time for the two
morning periods between Monday and Friday.
4. Father's position on custody is as follows: Father is requesting more time with his daughter.
Father's work schedule has changed and is unable to utilize his time with Saige on Tuesday
afternoons. As such, Father requests custody every Tuesday evening until Wednesday morning
and alternating Thursday evenings until Friday morning. Additionally, Father initially
requested his alternating weekends to run from Friday morning until Monday morning. Father
indicated that he would be willing to consider his alternating weekends to run from Friday
evening until Sunday evening as long as he could also have every Tuesday overnight and
alternating Thursdays overnight.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this
would be in the Child's best interest. It is expected that the Hearing will require one half day.
6. The proposed recommended Order may contain a requirement that the parties file a pre-trial
memorandum with the Judge to whom the matter has been assigned.
5?11f ?- / / 6,)
Date
John J. M gan, Esquire
Cust dy onciliator
FILED-' QF Tr % i
SMIGEL, ANDERSON & SACKS, LLP
James R. Demmel, Esquire ID #90918
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
idemmel( sasllp com
Attorney for Plaintiff, Casey Vogelsong
CASEY VOGELSONG
AND JEANNE PELAYO,
PLAINTIFF
V.
TAYLAR GRUVER,
DEFENDANT
2010 JJL 14 10; X05
It, i--y
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-3527
CIVIL ACTION -CUSTODY
PLAINTIFF CASEY VOGELSONG'S PRE-HEARING MEMORANDUM
The following memorandum is provided on behalf of Plaintiff, Casey Vogelsong
("Father") pursuant to the May 19, 2010 Order of Court.
1. PROCEDURAL HISTORY
Father and Taylar Gruver ("Mother") are the natural parents of Saige Gruver ("Saige"),
who was born July 5, 2007. The parents were never married. Jeanne Pelayo ("Paternal
Grandmother") is Saige's paternal grandmother.
Paternal Grandmother initiated this custody action on behalf of herself and Father on
June 11, 2008. The custody complaint sought shared legal custody and visitation for Father, who
was incarcerated at that time, and partial physical custody for Paternal Grandmother.
After attending a custody conciliation conference on September 2, 2008, the parties
entered an Order by agreement dated October 1, 2008, which provided primary physical custody
to Mother, partial physical custody to Paternal Grandmother and required the parties to attend
family counseling. The parties attended a status update conference on November 5, 2008 and
entered a revised Order by agreement dated November 12, 2008, which expanded Paternal
Grandmother's periods of partial physical custody and continued the requirement for family
counseling. After attending a second status update conference, the parties entered another
revised Order by agreement dated February 9, 2009, which further expanded Paternal
Grandmother's periods of physical custody and continued the requirement for family counseling.
Father's incarceration ended in May 2009. On June 16, 2009, the parties (including
Father) attended a third status update conference and entered an Order by agreement dated June
22, 2009, which provided for shared legal custody between the parents. The Order further
provided for periods of physical custody with Father and Paternal Grandmother every other
Wednesday from 4:00 p.m. until 8:00 p.m., every other Friday from 10:00 a.m. until 6:00 p.m.,
every other Sunday from 1:00 p.m. until 7:00 p.m. and time during holidays as the parties would
mutually agree. The Order encouraged the parties to resume family counseling.
The parties attended a fourth status update conference on August 20, 2009 and were
unable to reach an agreement regarding father's request for overnight periods of physical custody
so an Order was entered dated September 2, 2009 scheduling a hearing for October 21, 2009.
The custody Order dated June 16, 2009 remained in effect pending the hearing. The parties
subsequently entered into a custody stipulation dated October 27, 2009, which was entered as an
Order of Court on October 29, 2009. The Order provides that Paternal Grandmother shall be
terminated as a party to the custody action and that her rights shall be derivative through Father's
periods of physical custody. The parents continued shared legal custody and Father's periods of
physical custody were modified to every other weekend from Friday at 8:00 a.m. to Sunday at
2
8:00 a.m. and every Tuesday from 10:00 a.m. to 6:00 p.m. The Order also sets forth a specific
schedule for holidays and vacation time for both parents.
Due to a change in his work schedule, requiring him to work from 12:00 p.m. to 7:00
p.m., Father is unable to exercise his weekly periods of physical custody every Tuesday. Father
attempted to reach an agreement with Mother to modify the custody schedule to reasonably
accommodate his work schedule, but Mother refused to do so. Father then filed a petition to
modify the custody order on March 10, 2010. The parties attended a custody conciliation
conference on April 21, 2010 but were unable to reach an agreement to modify the custody
Order. A hearing is scheduled before this Honorable Court on July 19, 2010.
II. POSITION REGARDING CUSTODY
Father believes it is in Saige's best interest to maximize the amount of time she can spend
with both of her parents. Father has maintained steady employment since his incarceration
ended and has consistently expressed his interest in actively parenting Saige. During Saige's
time with Father, he provides for her needs and is attentive to her at all times. Saige has
developed a strong bond with Father and clearly enjoys the time she spends with him. Despite
Mother's initial reluctance to expand Father's custodial time to overnights, Saige has adjusted
well to the overnight schedule and is comfortable in Father's care and surroundings. Father lives
with Paternal Grandmother, who assists him in caring for Saige when necessary. Unfortunately,
Mother does not agree with Father's request to expand Saige's time with him and takes the
position that she has "given" Father enough time with Saige already.
Father believes it is in Saige's best interest to spend additional time with him, since they
have a positive relationship, she sees him as a source of love and affection and there have been
3
no problems relating to Saige while she has been in his care. In the past, Father has agreed to the
custodial arrangements proposed by Mother with the intent of gradually establishing a positive
parental relationship with Saige and to ease Mother's concerns (although he does not agree with
those concerns) about his parenting ability. Father has openly pursued more custodial time with
Saige in his interactions with Mother. Father wishes to establish a more consistent schedule of
overnight physical custody periods with Saige so she can reap the benefits of spending the day,
or at least the evening after work, with Father, having him put her to bed and waking up to spend
more time with him the next morning. Father believes this quality and manner of time spent with
him will be beneficial to Saige, helping to strengthen their parent/child relationship by engaging
in the "normal" everyday activities many parents take for granted because they have the
opportunity to do them on a daily basis.
Father proposes that his periods of physical custody be expanded to every other weekend
from Friday at 8:00 a.m. until Sunday at 7:00 p.m., every Tuesday from 5:00 p.m. until
Wednesday at 11:15 a.m. and every other Thursday (preceding Mother's custodial weekend)
from 5:00 p.m. until Friday at 11:15 a.m. Father also proposes that Saige be with him on every
Father's Day from 9:00 a.m. until 6:00 p.m. (7:00 p.m. if it falls on his custodial weekend) and
with Mother on every Mother's Day. In 2010, Mother insisted that Father return Saige to her
custody at 1:00 p.m. on Father's Day because the holiday fell on his custodial weekend.
Father urges the Court to require both parents to participate in therapeutic family
counseling, with the goal of improving their communication regarding Saige. It is in Saige's
best interest for the parties to better understand each other and cooperate to jointly parent her.
Father believes they need professional guidance to learn to do so.
4
Father proposes that Mother's paramour, Matthew Hoffman, not be present at the custody
exchanges and have no contact with Father. Mr. Hoffman alleged to Father's parole officer, Eric
Cleland, that Father had threatened him during a custody exchange. Although Father disputes
this allegation, he is now prohibited from having contact of any type with either Mother or Mr.
Hoffman as a special condition of his parole, which lasts until May 2013. This restriction against
contact between the parents has made Father dependent on Paternal Grandmother to conduct the
custody exchanges, to handle all communication between the parties and to facilitate
communication between Father and Saige.
Father requests that Mother be ordered to take whatever steps are necessary to assist
Father's efforts to obtain a duplicate Social Security card for Saige. Mother provided a duplicate
card to Father in the past, but Mother had signed it in her name and it was therefore invalid.
Father also requests that Mother be ordered to cooperate with any and all actions
necessary on her part to add Father's name to Saige's birth certificate as her biological father.
Despite Father's repeated requests, Mother has refused to do so.
III. EXPECTED WITNESSES
Casey Vogelsong, 13 East Glenwood Drive, Camp Hill, PA 17011. Father will
testify regarding his relationship with Saige, the bond formed between them, the activities in
which they engage and the actions he takes to care for her. He will testify regarding his
employment and living situations and the positive changes in his life following his incarceration.
Father will testify as to the steps he takes to encourage a positive relationship between Mother
and Saige and Mother's actions designed to disrupt and discourage his relationship with Saige.
Father will also testify regarding the parties' communication difficulties and the need for
professional guidance.
2. Jeanne Pelayo, 13 East Glenwood Drive, Camp Hill, PA 17011. Paternal
Grandmother will testify regarding Father's relationship with Saige, her observations of his
parenting and the positive changes in father's life. She will also testify regarding her interactions
with Saige, her interactions with Mother and her observations of the interactions between Mother
and Father.
3. Eric Cleland, Commonwealth of PA Board of Probation and Parole, 630 Norland
Avenue, Chambersburg, PA, 17201. Mr. Cleland will testify regarding Father's compliance with
his parole conditions.
4. Taylar Gruver, 780 Yocumtown Road, Etters, PA 17319. Mother will testify on
cross-examination.
Date: 13 ?,ol o
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
By: C, :) a 9,
J es R. mmel, Esquire I.D.#: 90918
44 rth Front Street, 3`d Flr.
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff, Casey Vogelsong
6
CASEY VOGELSONG
AND JEANNE PELAYO,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-3527
TAYLAR GRUVER,
DEFENDANT
: CIVIL ACTION -CUSTODY
CERTIFICATE OF SERVICE
I, James R. Demmel, Esquire, attorney for Plaintiff Casey Vogelsong in the
above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff Casey
Vogelsong's Prehearing Memorandum on counsel for Defendant by depositing same in the U.S.
Mail, first class, postage prepaid, on the _. _ 13 _ day of July, 2010, addressed as follows:
BARBARA SUMPLE-SULLIVAN, ESQUIRE
549 BRIDGE STREET
NEW CUMBERLAND, PA 17070-9131
SMIGEL, ANDERSON & SACKS, LLP
By:
J es R. emmel, Esquire 1. D.#: 90918
4411 h Front Street, 3rd Fir.
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff, Casey Vogelsong
7
CASEY VOGELSONG AND
JEANNE PELAYO,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TAYLAR GRUVER,
DEFENDANT
08-3527 CIVIL TERM
ORDER OF COURT
AND NOW, this day of September, 2010, a hearing on the
within custody case shall commence at 1:30 p.m., Monday, November 22, 2010, in
Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
Albert H. Masland, J.
?James Demmel, Esquire
For Casey Vogelsong
Barbara Sumple-Sullivan, Esquire
For Taylar Gruver
saa
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
CASEY VOGELSONG
AND JEANNE PELAYO
Plaintiffs
v.
~p-t)~iCE .~~,~
~ ~ "_,
~~ ~',~i' 16 PN t2~ 09
GUP~~~t=~.~~ {~UU~1Y
pEN{vSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527
TAYLAR GRUVER
Defendant :CIVIL ACTION -CUSTODY
PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW
AND NOW comes Bazbaza Sumple-Sullivan, Esquire ("Petitioner"), and files this
Petition of Defendant's Counsel for Leave to Withdraw, stating the following:
1. Petitioner was retained by Defendant, Taylaz Gruver, to represent her in the defense
of the above captioned matter.
2. During the term of this representation irreconcilable differences have risen between
Petitioner and Defendant regazding the manner and conduct of representation.
3. On September 1, 2010, Petitioner informed Defendant of her intention to withdraw.
4. Defendant has a significant counsel fee bill due to Petitioner.
5. Petitioner believes that her withdrawal at this time can be accomplished without
material effect on the interests of Defendant.
6. Petitioner will cooperate with Defendant in transmitting the defense of this matter to
Defendant and/or other counsel.
7. Petitioner requests leave to withdraw her appearance in this matter for a good cause.
8. Counsel for Plaintiff has been consulted and he concurs with the withdrawal.
9. Defendant has failed to respond as to whether she concurs or denies concurrence with
the within Petition. However, it is believed that she is securing new counsel.
10. The Honorable Judge Albert H. Masland has been assigned to this matter.
WHEREFORE, Petitioners respectfully request that this Honorable Court grant
Petitioner's leave to withdraw Petitioner's appearance as attorney for Defendant in this action.
Dated: September 9, 2010
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Bazbaza Sample-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
CASEY VOGELSONG IN THE COURT OF COMMON PLEAS
AND JEANNE PELAYO :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v, No.08-3527
TAYLAR GRUVER
Defendant :CIVIL ACTION -CUSTODY
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
hand delivered a true and correct copy of the Petition of Defendant's Counsel for Leave to
Withdraw, in the above-captioned matter upon the following individual(s) via regular mail,
postage pre-paid, addressed as follows:
James R. Demmel, Esquire
Smigel, Anderson & Sacks, LLP
4431 N. Front Street
Harrisburg, PA 17110
Taylar Gruver
780 Yocumtown Road
Etters, PA 17319
Respectfully Su~jni
Dated: September 9, 2010
arbara ample-Sullivan, Esquire
49 Bndge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
SEP 1 71U1U Q
CASEY VOGELSONG IN THE COURT OF COMMON PLEAS
AND JEANNE PELAYO CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. No. 08-3527
TAYLAR GRUVER
Defendant CIVIL ACTION -CUSTODY
RULE TO SHOW CAUSE
AND NOW, this
,22?day ofLqd010, upon consideration of the attached Petition of
Defendant's Counsel for Leave to Withdraw, it is hereby ORDERED that:
(1) A rule is issued upon the respondents to show cause, if any there be, why the
Petitioner is not entitled to the relief requested; and
(2) The respondents shall file an answer to the Petition of Defendant's Counsel
for Leave to Withdraw withine days of this date.
BY
bution List:
des R. Demmel, Esquire, 4431 N. Front Street, Harrisburg, PA 17110
_-, ,a tiara Sumple-Sullivan, Esquire 549 Bridge Street, New Cumberland, PA 17070
Ms. Taylar Gruver, 780 Yocumtown Road, Etters, PA 17319
n
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M
?C
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
Counsel for Petitioner
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CASEY VOGELSONG
AND JEANNE PELAYO
Plaintiffs
v.
TAYLAR GRUVER
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-352?
CIVIL ACTION -CUSTODY
PETITION TO MAKE RULE ABSOLUTE
1. Petitioner is counsel for Defendant, Barbara Sumple-Sullivan, Esquire.
2. Respondent is Defendant, Taylar Gruver.
3. Petitioner is requesting allowance to withdraw from the matter due to Respondent's
failure to cooperate with the requests of counsel and failure to make payment on her
outstanding legal fees.
4. On September 16, 2010, Petitioner filed a Motion to Withdraw her Appearance in this
action.
5. On September 20, 2010, the Court issued a Rule returnable in fourteen {14} days upon
upon Defendant to show cause why the Motion to Withdraw Appearance should not be
granted.
6. Said Rule was served upon Defendant by letter dated September 21, 2010. A true and
correct copy of same is attached hereto as Exhibit A.
7. No timely answer or other response was filed to said Rule by Defendant.
8. Petitioner requests that the Rule issued on September 20, 2010 be made absolute and
Petitioner shall be allowed to withdraw from the matter.
9. The prior Judge in this matter was the Honorable Judge Albert H. Masland.
WHEREFORE, Petitioner requests the Rule be made
DATE: October 6, 2010
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
.549 BRIDGE STREET
" -~-N1iW CIIMBERLAND, PENNSYLVANIA 17070-1931
PRONE (717) 774-1445
FAX (717) 774-7059
CERTIFICATE OF MAILING
Ms. Taylar Gruver
780 ~ocumtown Road
Etters, PA 17319
September 21, 2010
Re: Vogelsong & Pelayo v. Gruver
i
Dear Taylar:
Enclosed constituting service upon you is a Rule to Show Cause dated September
20, 2010 in the above captioned matter.
BSSIas
Enclosure
Barbara Sumple-Sullivan
u.S. POSTAL SERVICE CERTIFICATE OF MAILING
IAY BE USED FOR DOMESTIC AND LATERyr;iTli99q~~y],~M1A-1TL, NOT t
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LAW OFFICES
BARBARA SUMPLE-SULLIVAN
548 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PHONE (717) 774-2445
FAX <717) 774-7059
September 21, 2010
James R. Demmel, Esquire
Smigel, Anderson & Sacks, LLP
4431 N. Front Street
Harrisburg, PA 17110
Re: Casey Vogelsong v. Taylar Gruver
Dear Jim:
Enclosed constituting service upon you is a Rule to Show Cause dated September
20, 2010 in the above captioned matter:
BSSlas
Enclosure
nar~ara aumpie-JU~iivan
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
S49 Bridge Street
New Cumberland, PA 17070
(717)774-1445
CASEY VOGELSONG IN THE COURT OF COMMON PLEAS
AND JEANNE PELAYO :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v. No.08-3527
TAYLAR GRUVER
Defendant :CIVIL ACTION -CUSTODY
CERTIFICATE OF SERVICE
I, BARBARA. SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I
served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter
upon the following individual(s) by United States first-class mail, postage prepaid, addressed as
follows:
James R. Demmel, Esquire
Smigel, Anderson & Sacks, LLP
4431 N. Front Street
Harrisburg, PA 17110
Taylar Gruver
780 Yocurntown Road
Etters, PA 17319 .
DATE: October b, 2010
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
BARBARA SUMPLE-SULLIVAN, ESQUIRE
549 Bridge Street
New Cumberland, PA 17074
(?17) 774-1445
October 6, 2010
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Casey Vogelsong and Jeanne Pelayo
v.
Taylar Gruver
Docket No. 0$-3527 I Cumberland County
Dear Sir/Madam:
Enclosed please find an original and one (1) copy of Petition to Make Rule
Absolute in the above captioned matter. Please file the original and return atime-
stamped copy to my office in the enclosed self-addressed stamped envelope.
Thank you far your assistance in this mater.
Very >~Y
Barbara Sumple-Sullivan
BSSltlk
Enclosures
cc: James R. Demmel, Esquire (wlencl)
Ms. Taylar Gruver (wlencl)
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
CASEY VOGELSONG : IN THE COURT OF COMMON PLEAS
AND JEANNE PELAYO CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. No. 08-3527
TAYLAR GRUVER
Defendant CIVIL, ACTION - CUSTODY
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ORDER
AND NOW, this day of 00"-,20 10, upon consideration ottl PA10! ' r
f-')
to Make Rule Absolute, said Petition is hereby GRANTED.
It is further ORDERED and DECREED that Barbara Sumple-Sullivan, Esquire is
hereby released as counsel for Defendant, Taylar Gruver.
BY THE COURT:
Di bution:
s R. Demmel, Esquire,Smigel, Anderson & Sacks, LLP 4431 N. Front Street Harrisburg, PA 17110
?'faylar Gruver 780 Yocumtown Road Etters, PA 17319
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CASEY VOGELSONG AND IN THE COURT OF COMMON PLEAS
JEANNE PELAYO, CUMBERLAND COUNTY, PENN4YLVANIA.
Plaintiffs/Respondents ,
NO. 2008-3527 CIVIL TERM
V.
CIVIL ACTION - LAW
TAYLAR GRUVER, -
Defendant/Petitioner IN CUSTODY
JUDGE MASLAND
PETITION FOR CONTINUANCE
AND NOW, comes Petitioner, Taylar Gruver, pro se, and petitions the Court as
follows:
1. Your Petitioner is Taylar Gruver, the above named Defendant.
2. The Respondent is above named Plaintiff, Casey Vogelsong.
3. The parties are the parents of one child namely Saige Gruver who was born July 5,
2007.
4. A custody hearing is scheduled for November 22, 2010 at 1:30 p.m. in Courtroom
No. 5 before the Honorable Judge Masland.
5. Petitioner's counsel, Barbara Sumple-Sullivan filed a Petition to Withdraw and
Petitioner is now currently without an attorney.
6. Petitioner hereby requests a continuance of the Order so that she may find
appropriate counsel to represent her at the upcoming hearing.
7. Petitioner believes she will be prejudiced if she does not have appropriate
representation.
8. Petitioner has contacted the Dickinson Family Law Clinic for assistance and believes
they may be able to assist her at an upcoming hearing with sufficient notice.
9. A copy of this Petition has been forwarded to Respondent's counsel of record and he
does / does not concur with the relief requested.
WHEREFORE, Petitioner respectfully requests your Honorable Court to continue the
hearing scheduled for November 22, 2010, and to reschedule this for a date in the
future.
Respectfully submitted,
!Mk2
aylar ruver
Pro se
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.
P 41,0,
DATE. )II11C) ,
TAM R GRUVER
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CASEY VOGELSONG AND
JEANNE PELAYO,
Plaintiffs/Respondents
V.
TAYLAR GRUVER,
Defendant/Petitioner
NOV 15 CU1U
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-3527 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
JUDGE MASLAND
ORDER OF COURT
AND NOW this I I day of 2010, upon presentation and
consideration of the within Petition for Continuance, the custody hearing previously
scheduled in this matter for November 22, 2010, at 1:30 p.m. is continued to
. S
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BY THE COURT,
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Cc: -- James Demmel, Esquire
Attomey for Respondents
Taylar Gruver,
Pro se
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CASEY VOGELSONG IN THE COURT OF COMMON PLEAS
, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. : NO. 08-3527
TAYLAR GRUVER,
DEFENDANT : CIVIL ACTION -CUSTODY
CUSTODY ORDER
4",
AND NOW, this 1,3 day of 9e- e-,r^ Jow-, 2010, Plaintiff, Casey Vogelsong,
and Defendant, Taylar Gruver having reached an agreement regarding custody of their daughter,
Saige F. Gruver (hereinafter the "Child"), born July 5, 2007, it is hereby ORDERED:
1. All previously existing custody orders are hereby vacated.
2. Shared legal custody of the Child as contemplated by the Act of October 30,
1985, P.L. 264, 23 P.S. §5301, et seq., will be in both the Father and the Mother, as the natural
parents. Major decisions concerning the Child, including, but not necessarily limited to, the
Child's health, welfare, education, religious training and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the Child's best interest. Each parent shall not impair the other
party's rights to shared legal custody of the Child. Each parent shall not alienate the affections
for the Child from the other party. Each parent shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the
parent then having physical custody. With regard to any emergency decisions that must be
made, the party having physical custody of the Child at the time of the emergency shall be
permitted to make any immediate decisions necessitated thereby. However, that parent shall
inform the other of the emergency and consult with him or her as soon as thereafter possible.
Each parent shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports given to either party as a guardian or
custodian. Mother shall provide Father with reasonable advance notice as to the Child's doctor
and school related appointments so that he has an opportunity to attend.
The Mother shall have primary physical custody of the Child subject to the
following periods of partial physical custody with the Father:
a. Effective December 17, 2010, and continuing every other weekend thereafter,
from Friday morning at 8:00 a.m. until Sunday at 7:00 p.m.
b. Effective Tuesday, December 14, 2010, and continuing every other Tuesday
thereafter, from Tuesday at 8:00 a.m. until Wednesday morning, when Father shall deliver the
child to preschool. If the Child does not have preschool on Wednesday morning, the parties shall
exchange custody at 9:00 a.m. on Wednesday morning.
4. Custody of the Child shall be as follows for the holidays:
a. EASTER: The Easter holiday shall be shared between the parents. It shall be
divided into two (2) segments. Segment A shall be from 6:00 p.m. on the Saturday before Easter
until Noon on Easter Day. Segment B shall be from Noon on Easter Day until 6:00 p.m. on
Easter Day. In odd-numbered years, Father shall have Segment A and Mother shall have
Segment B. In even-numbered years, Mother shall have Segment A and Father shall have
Segment B. Each party shall have the right to take the Child on a public Easter Egg Hunt event.
If a conflict exists as to the timing of a specific Easter Egg Hunt, the party having Segment A for
that year shall have the right to take the Child to the Easter Egg Hunt.
b. THANKSGIVING: The Thanksgiving holiday shall be shared between the
parents. It shall be divided into two (2) segments. Segment A shall be from the Wednesday
before Thanksgiving until Thanksgiving Day at 2:00 p.m.. Segment B shall be from 2:00 p.m.
on Thanksgiving Day until 8:00 a.m. on the Friday following Thanksgiving when the regular
weekend schedule would commence. Mother shall have Segment A in odd-numbered years and
Father shall have Segment B. Father shall have Segment A in even-numbered years and Mother
shall have Segment B.
c. CHRISTMAS: The Christmas Holiday shall be shared between the parties.
The holiday shall be divided into two (2) segments. Segment A shall be from Christmas Eve at
9:00 a.m. until Christmas Day at Noon. Segment B shall be from Christmas Day at Noon until
December 26`h at 3:00 p.m. Mother shall have Segment A in odd-numbered years and Father
shall have Segment B. Father shall have Segment A in even-numbered years and Mother shall
have Segment B.
d. NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY and
LABOR DAY: The following holidays shall alternate yearly between the parties:
i. New Years Day;
ii. Memorial Day;
iii. Independence Day; and
iv. Labor Day.
These holidays shall be defined as beginning at 9:00 a.m. on the day of the
holiday and last until 6:00 p.m. on the day of the holiday. The schedule shall commence with
Father having Memorial Day and Labor in odd-numbered years and Mother having New Years
Day and Independence Day. In even-numbered years, Mother shall have Memorial Day and
Labor Day and Father shall have New Years Day and Independence Day.
e. MOTHERS DAY AND FATHERS DAY. The Child shall be with Mother
every year on Mothers Day and with Father every year on Fathers Day. These holidays shall last
from 9:00 a.m. until 7:00 p.m.
f. Miscellaneous Holidays:
i. HALLOWEEN: For Halloween, the parties shall alternate the right to
take the Child trick-or-treating when the event is scheduled for his or her area. Mother shall
have the right for Halloween in 2010. Father shall have the right for Halloween in 2011. The
parties shall alternate annually thereafter. However, the non-custodial parent for any Halloween
celebration shall have the right of an additional custodial period during that Halloween period to
allow that parent to attend a Halloween parade on an evening prior to the holiday with the Child,
provided the parade does not coincide with the custodial parent's trick-or-treating,
ii. CHILD'S BIRTHDAY: Custody shall be shared for the Child's birthday.
The birthday shall be divided into two (2) segments: Segment A from 6:00 p.m. on the day
before the Child's birthday until 2:00 p.m. on the day of her birthday and Segment B from 2:00
p.m. on the day of her birthday until Noon on the day following her birthday. Mother shall have
Segment A in even years and Father shall have Segment B. Father shall have Segment A in odd
years and Mother shall have Segment B.
5. Vacation: The Father and Mother shall each have two (2) non-consecutive weeks
of vacation with the Child in 2011 and each year thereafter. Each party's week(s) of vacation
shall include his or her weekend of physical custody according to the regular schedule set forth
in this Agreement and shall begin and end on Friday, if possible. If such a schedule is not
possible, the parties shall make reasonable accommodations for the other party's vacation time,
with appropriate "make-up" time arranged in advance by mutual agreement for the parent whose
weekend custodial time is being altered. Notice of the proposed vacation week(s) shall be
exchanged between the parties at least sixty (60) days in advance of the vacation start date. At
least thirty (30) days prior to the actual vacation week, the custodial parent shall provide the
following to the non-custodial parent:
a. A complete itinerary of the vacation;
b. A list of all parties accompanying the Child on the vacation; and
c. Contact telephone numbers for the Child.
6. While in the presence of the Child, no party shall make or permit to be made by
any person, any remarks or actions which could in any way be construed as derogatory or
uncomplimentary to any of the parties involved, or in any way injure the opinion of the Child as
to any of the parties, or in any way estrange the Child from either the Father or the Mother. It
shall be the responsibility of each party to uphold the other parties as those to whom the Child
owes love and respect.
7. The Father and Mother shall have liberal and reasonable telephone contact with
the Child when the Child is in the custody of the other party. Both parents shall facilitate the
Child's telephone conversations with the other parent by encouraging her to speak on the
telephone and minimizing potential distractions during the telephone call. Both parents shall
return the other's phone messages promptly.
8. Except as otherwise specified herein, all exchanges of custody shall occur at the
Giant Supermarket in New Cumberland, Pennsylvania. During the custody exchanges, only the
parents shall leave their vehicles and all interaction during the custody exchanges shall take place
only between the parents. Any and all interactions between the parents during custody
exchanges shall be limited to the subjects of custody scheduling and the Child's health and well-
being. Barring an emergency situation requiring immediate intervention, both parties agree to
discuss all issues arising from or during custody exchanges as part of their therapeutic family
counseling. If either parent is unavailable for a custody exchange, only the adult individual
handling the custody exchange on behalf of the absent parent shall leave his or her vehicle and
all interaction during the custody exchanges shall take place only between the parent and the
adult individual handling the custody exchange on behalf of the absent parent.
9. Mother and Father shall attend therapeutic family counseling according to the
frequency and duration recommended by the counselor, with the objective of improving their
communication and enhancing their ability to work together as parents. The parents shall engage
a counselor as soon as reasonably possible. Any and all counseling expenses not covered by
health insurance shall be divided equally between the parents.
10. While having physical custody of the Child, neither parent shall consume alcohol,
imbibe in illegal drugs, or engage in smoking. While in physical custody of the Child, neither
parent shall permit any other person in the Child's presence to consume alcohol to the point of
intoxication, imbibe in illegal drugs, or engage in smoking.
11. If either parent desires to establish a residence more than forty (40) miles from
this or her present residence, or outside the Commonwealth of Pennsylvania, he or she shall give
the other parent ninety (90) days written notice in advance of the proposed move in order to give
the parties the opportunity to confer prior to the relocation.
12. The provisions of this Order shall be strictly adhered to unless otherwise agreed
upon by the parties herein. The parents are free to modify the terms of this Order, but in order to
do so, the Court makes it clear that any parties whose custodial rights may be affected must be in
complete agreement to any new terms. In other words, the affected parent must consent on what
shall be the new terms of the custody arrangement or visitation schedule.
Father and Mother agree that they wish to avoid future litigation regarding their
custody arrangements, if possible. Both parents agree to make all reasonable efforts to
accommodate the other party's schedule and life events (e.g. weddings, funerals, family
reunions, etc), to the extent that these events will sometimes interfere with the provisions of this
custody schedule. Both parents shall work in good faith to make reasonable accommodations
and adjustments to the custody schedule in the event of any long-term changes (e.g. parents'
work schedule changes).
13. Neither parent shall take the Child to any jail or prison.
14. The parent providing health insurance for the Child shall provide copies of the
Child's health insurance cards to the other parent upon request. If the health insurance coverage
changes or new cards are issued for any reason, the parent providing health insurance for the
Child shall promptly notify the other parent of the change and provide copies of the new cards.
IS.
S',je ?,cr ?t-e` i ,trt & w j/r A ? /a /w --gM
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CCiY 6 ? ? t ?a 4'- Ah d .3' a c- L '-k- ( S e. tlA. v'.
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The Honorable Albert H. Masland
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Distribution:
Plaintiff, Casey Vogelsong, 13 East Glenwood Drive, Camp Hill, PA 17011
Defendant, Taylar Gruver, 780 Yocumtown Road, Etters, PA 17319
James R. Demmel, Esquire as counsel for Plaintiff, 4431 N. Front St., Harrisburg, PA 17110
l b p & 4W CIt[W e"4d -}Q a tL par AAA 12.-13 -i o 3?
CASEY VOGELSONG IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANLA
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V. r
2008-3527 CIVIL ACTION LAW Nr ?,
TAYLAR GRUVER - -*
IN CUSTODY
DEFENDANT
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ORDER OF COURT
AND NOW, _ Wednesday, March 21, 2012 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 17, 2012 at 2:30 PM
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/ john j Mangan, -fr., Esq W
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
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CASEY VOLGELSONG IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-3527 CIVIL ACTION LAW
TAYLAR GRUVER, IN CUSTODY
Defendant
Prior Judge: Albert H. Masland, J.
ORDER OF COURT
AND NOW this day of April 2012, upon consideration of the attached Custody
Conciliation Report, it is Or ered and Directed as follows:
1. The instant Order supersedes all prior Orders entered in this matter.
2. Pending the conciliation conference scheduled for 04/27/12 at 2:30 pm, further Order of Court
or mutual agreement of the parties, the Mother, Taylar Gruver, shall have sole legal and
physical custody of Saige Gruver, born 07/05/2007.
3. The parties may modify the provisions of this Order by written mutual consent. In the absence
of mutual consent, the terms of this Order shall control.
By the Court,
J.
istribution:
betha Tanner, Esq., 3507 Market Street, Ste 303, Camp Hill, PA 17011
asey Vogelsong, Id # HA8803, 3001 Beaver Ave., Pittsburgh, PA 15233
John J. Mangan, Esquire
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CASEY VOLGELSONG
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08-3527 CIVIL ACTION LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the Child who is the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Saige Gruver 07/05/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008, an
Order issued October 1, 2008 and telephonic status updates held November 5 and November 7,
2008, an Order issued November 12, 2008, a status conference was held February 5, 2009, an
Order was issued February 9, 2009, a status update was held June 16, 2009, an Order was
issued June 22, 2009, a status conference was held August 20, 2009, an Order was issued
September 02, 2009, a stipulated Order was issued October 29, 2009, a conference was held
April 21, 2010, an Order issued May 19, 2010, a Stipulated Order issued December 13, 2010,
Mother filed a petition to modify and a conference is going to be held 04/27/12.
3. Father is going to be released from SCI Pittsburgh in the near future. As such, the undersigned
recommends the entry of an Order as attached.
Date
Jo angan, Esquir
C sty Conciliator
?G
CASEY VOLGELSONG
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
J
AND NOW this day o 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
The instant Order supersedes all prior Orders entered in this matter.
2. Legal Custody: The Mother, Taylar Gruver, shall have pri mary legal custody of Saige Gruver,
born 07/05/2007. The Mother shall have the right to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. However, pursuant to the terms of 23 Pa.C.S. §5309, each
parent shall be entitled to all records and information pertaining to the Child including, but not
limited to, medical, dental, religious or school records, the residence address of the Child and
of the other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
3. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's
partial physical custody/visitation under such circumstances and frequency as the parties may
mutually agree. Also, the parties shall be guided by any recommendations from the
reunification counselor.
4. Counseling: The Father is strongly encouraged to engage in reunification counseling with
Saige with a qualified professional. If possible, the reunification counselor shall assess whether
Father poses a risk of harm to Saige. If not, Father shall have a 23 Pa.C.S.A. §5329 evaluation
done by a qualified professional. The cost of the reunification counseling (and/or evaluation),
after appropriate payment through insurance, shall be borne by Father. The parties are strongly
encouraged to engage in therapeutic family counseling (with the focus on co-parenting) with a
mutually-agreed upon professional. The cost of the therapeutic family counseling, after
appropriate payment through insurance, shall be split equally between the parties. Within ten
days of the instant Order, Mother shall provide Father with a list of reunification and
therapeutic family counselors that are covered through her insurance. The parties shall then
select and set up an intake appointment within fourteen days of the instant Order.
5. Holidays: The Mother and Father shall arrange holidays by mutual agreement.
6. Neither parent may say or do anything, nor permit a third party to do or say anything, that may
estrange the Child from the other party, or injure the opinion of the Child as to the other parent,
or may hamper the free and natural development of the Child's love or affection for the other
parent. To the extent possible, the parties shall not allow third parties to disparage the other
party in the presence of the Child.
7. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consumelbe under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
In the event of a medical emergency, the custodial party shall notify the other parties as soon as
possible after the emergency is handled.
9. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
10. A status conference with the assigned conciliator is hereby scheduled for Friday July 20, 2012
at 9:00 am at the Cumberland County Court of Common Pleas.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by written mutual consent. In the absence of mutual consent, the
terms of this Order shall control.
By the Court,
Distribution:
Tabetha Tanner, Esq., 3507 Market Street, Ste 303, Camp Hill, PA 17011
? Casey Vogelsong, 13 East Glennwood Dr., Camp Hill, PA 17011
John J. Mangan, Esquire
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CASEY VOLGELSONG
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527
IN CUSTODY
CIVIL ACTION LAW
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the Child who is the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Saige Gruver 07/05/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008, an
Order issued October 1, 2008 and telephonic status updates held November 5 and November 7,
2008, an Order issued November 12, 2008, a status conference was held February 5, 2009, an
Order was issued February 9, 2009, a status update was held June 16, 2009, an Order was
issued June 22, 2009, a status conference was held August 20, 2009, an Order was issued
September 02, 2009, a stipulated Order was issued October 29, 2009, a conference was held
April 21, 2010, an Order issued May 19, 2010, a Stipulated Order issued December 13, 2010,
Mother filed a petition to modify, an Order issued April 17, 2012 and a conference was held
04/27/12 with the following people in attendance:
The Mother, Taylar Gruver, with her copunsel, Tabetha Tanner, Esq.
The Father, Casey Vogelsong, self-represented party
3. Father was just released from SCI two days prior to the conference and some sort of
"reunification counseling" may be appropriate between the Father and Saige. After the
counseling has begun, there will be a status conference in mid-July 2012. The parties agreed
to, and the undersigned recommends the entry of an Order as attached.
L 76' "Date
an, Esquire
#toConciliator
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CASEY VOLGELSONG IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-3527 CIVIL ACTION LAW
TAYLAR GRUVER, IN CUSTODY
Defendant
Prior Judge: Albert H. Masland, J.
ORDER OF COURT
ANDj NOW this V day of September 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. The instant Order supersedes all prior Orders entered in this matter.
2. Legal Custody: The Mother, Taylar Gruver, shall have primary legal custody of Saige Gruver,
born 07/05/2007. The Mother shall have the right to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. However, pursuant to the terms of 23 Pa.C.S. §5309, each
parent shall be entitled to all records and information pertaining to the Child including, but not
limited to, medical, dental, religious or school records, the residence address of the Child and
of the other parent. To the extent one parent has possession of any such records or information,
that parent shall be required to share the same, or copies thereof, with the other parent within
such reasonable time as to make the records and information of reasonable use to the other
parent.
Phy§ical Custody: Mother shall have primary physical custody of the Child subject to Father's
partial physical custody/visitation under such circumstances and frequency as the parties may
mutually agree.
4. Passport: Mother shall have the sole authority to sign necessary paperwork/forms to procure a
passport for Saige should the need arise.
5. Counseling: The Father is still strongly encouraged to engage in reunification counseling with
Saigee with a qualified professional. If possible, the reunification counselor shall assess whether
Father poses a risk of harm to Saige. If not, Father shall have a 23 Pa.C.S.A. §5329 evaluation
done by a qualified professional. The cost of the reunification counseling (and/or evaluation),
after appropriate payment through insurance, shall be borne by Father. The parties are strongly
encouraged to engage in therapeutic family counseling (with the focus on co-parenting) with a
mutually-agreed upon professional. The cost of the therapeutic family counseling, after
appropriate payment through insurance, shall be split equally between the parties.
6. Holidays: The Mother and Father shall arrange holidays by mutual agreement.
7. Neither parent may say or do anything, nor permit a third party to do or say anything, that may
estrange the Child from the other party, or injure the opinion of the Child as to the other parent,
or may hamper the free and natural development of the Child's love or affection for the other
parent. To the extent possible, the parties shall not allow third parties to disparage the other
party in the presence of the Child.
8. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as
possible after the emergency is handled.
10. Reloq'ation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§533'7.
11. The instant Order shall not prejudice either party to file a petition to modify in the event
circumstances change.
12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by written mutual consent. In the absence of mutual consent, the
terms of this Order shall control.
By the Court,
J.
Distribution-
?Tabetha Tamer, Esq., 3507 Market Street, Ste 303, Camp Hill, PA 17011
Casey Vogelsong, 13 East Glennwood Dr., Camp Hill, PA 17011 a
John J. Mangan, Esquire , m -?-
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CASEY VOLGELSONG
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Albert H. Masland, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW'
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH 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:
Name
Saige Gruver
Date of Birth
07/05/2007
Currently in the Custody of
Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008, an
Order issued October 1, 2008 and telephonic status updates held November 5 and November 7,
2008, an Order issued November 12, 2008, a status conference was held February 5, 2009, an
Order was issued February 9, 2009, a status update was held June 16, 2009, an Order was
issued June 22, 2009, a status conference was held August 20, 2009, an Order was issued
September 02, 2009, a stipulated Order was issued October 29, 2009, a conference was held
April 21, 2010, an Order issued May 19, 2010, a Stipulated Order issued December 13, 2010,
Mother filed a petition to modify, an Order issued April 17, 2012, a conference was held
04/27/12, an Order issued April 30, 2012 and a status conference was held July 24, 2012 with
the following people in attendance:
The Mother, Taylar Gruver, with her copunsel, Tabetha Tanner, Esq.
The Father, Casey Vogelsong, self-represented party did not attend
3. Father did not attend the status conference. At the last conference in April 2012, the parties
agreed that reunification counseling between Saige and Father may be appropriate as well as
therapeutic family counseling. Mother asserts that she did give a list of providers to Father;
however, it is being reported that Father may not be able to financially afford the sessions.
Mother indicates that Father has not had any contact for several months. The undersigned
recommends the entry of an Order as attached.
q
Date
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John J. an, Esquire
Custody onciliator