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Home My WebLink About08-5654 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KELLY M. GROB, Plaintiff ) V. ) JASON D. GROB, ) Defendant ) No. Jj'oSy 6(/// T i-m COMPLAINT FOR CUSTODY 1. Plaintiff is KELLY M. GROB, who resides at 706 Erford Road, Camp Hill, Cumberland County, PA 17011. 2. Defendant is JASON D. GROB, who resides at 7 Scarsdale Drive, Camp Hill, Cumberland County, PA 17011. 3. Plaintiff seeks custody of the following children: Name Age Was child born out of wedlock? MASIELLA M. GROB 3 years Yes ANTHONY J. GROB 1 year No 4. The children are presently in the custody of Defendant who resides at 7 Scarsdale Drive, Camp Hill, Cumberland County, PA 17011. 5. During the past five years, the children have resided with the following persons and at the following addresses: From To Address With whom SEP, 2007 (Still living 7 Scarsdale Drive Defendant, father there) Camp Hill, PA 17011 JUL, 2005 SEP, 2007 321 West Shady Lane Apt. H Kelly M. Grob and Jason Enola, PA 17025 D. Grob MAR, 2005 JUL, 2005 706 Erford Road Kelly M. Grob, Renee Camp Hill, PA 17011 M. Morgan, Adam L. Morgan, and Elizabeth D. Morgan Complaint Page 2 of 4 ti 6. The mother of the children is currently residing at 706 Erford Road, Camp Hill, PA 17011. She is separated. 7. The father of the children is currently residing at 7 Scarsdale Drive, Camp Hill, PA 17011. He is separated. 8. The relationship of Plaintiff to the children is mother. Plaintiff currently resides with the following persons: Name Renee M. Morgan ItrparElizabeth D. Morgan ItrparAdam L. Morgan ItrparJoseph M. Morgan Relationship to Plaintiff mother sister brother nephew 9. The relationship of Defendant to the children is father. Defendant currently resides with the following persons: Name MASIELLA M. GROB ANTHONY J.GROB Relationship to Defendant child child 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because I feel that the children should continue their same routine in which they are accustomed to. I feel that I was the primary caregiver of the children since their birth and that it would be in their best to maintain a safe, stable, familiar environment. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff. KELI/Y M OB, Plaintiff Complaint Page 3 of 4 Verification I, KELLY M. GROB, Plaintiff, verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date V'e'?q : A- KE4tY A GB, Plaintiff Complaint Page 4 of 4 t? t fi.. At- KELLY M. GROB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON D. GROB DEFENDANT 2008-5654 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, September 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 17, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Giko Es q. 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 4 i VAl;',,S N'34- q,C .Z 1,48 R 81S SOOZ v ?&-, vo d ,a•0 b r? ti?v ; f y( } } Hi JO 4 .. f COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KELLY M. GROB, ) Plaintiff V. ) No. JASON D. GROB, ) Defendant ) Certificate Of Service I, KELLY M. GROB, Plaintiff in the above matter, hereby certify that on , I mailed a true and correct copy of the Complaint for Custody, by certified mail, return receipt requested, restricted delivery, and another copy of the same document by first class mail, postage prepaid, to: JASON D. GROB 7 Scarsdale Drive Camp Hill, PA 17011 I certify that (check ALL of the following which are true): Certified mail: [X] The green and white sender's receipt is attached. (ATTACH receipt.) [ The green recipient's receipt is attached; JASON D. GROB signed the certified mail receipt on ZLX7 (ATTACH receipt.) [ ] The certified mail was returned to me unsigned, with the notation that the certified mail was: [ ] refused [ ] unclaimed [ ] other notation: [ ] Neither the certified mail envelope nor the certified mail receipt was returned to me. Regular mail: [ ] The regular mail has not been returned to me. [ ] The regular mail was returned to me, with the notation: I verify that the information in the Certificate of Service is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date (Signature) KELLY M. GROB Certificate of Service Page 1 of 2 jr r STAPLE OR TAPE TH r. U.S. Service P . a R a in (Domestic Only; Co verage 171.1 .. ti Postage $ N 1)o O Certified Fee C3 rk # 0 O Return Receipt Fee I, na o Her (Endorsement Required) C3 Restdcted Detry Fee $0.00 ru (Endorsement Required) 73Q/2008 ? r-q $6.07 i Total Postage & Fees $ to C3 T° P °° P Bt?: r7 .v ,r dal ?r v_ ¦ ComplM Items 1, 2, and 3. Also complete Item 4 N Restricted D*wWy,ls desired. ¦ Print your name and address on the reverse so that we can Munn the gird to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Arlde Addreeeedto:' a 0 Rpertt x rl-h, Ad MOM B. dfehw ' .m?nIN ""t ??b lC. O of 0°13/Der D, Is dsMry eddleee dMerertt fiorrt 1 1? %j lea K YES, enter deAvery add bdovr: M No 3.,Se,r?Ace7Ywg1.c:erarrsa M&H ? EWVN Mail 0 Reotered 13 RetUM ReoW far Mendwrdhe 0 Insured Mell 0 C.D.D. a. Res0lcEsd.Degveryl Xktm Feed 0 Yw 2• ArWe Number 7005 1820 0007 1262 5017 (r?alneRer horn snwialt bear PS Form 3811, Febretstly 2M nornse21 Ploo m ReaW 102695102-W1540 Certificate of Service Page 2 of 2 C S Co t i7l O :. c-n JYJT yi V 0 7nnp KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY COURT ORDER AND NOW, this Z Dl? day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Kelly M. Grob, and the father, Jason D. Grob, shall have shared legal custody of Anthony J. Grob, born June 16, 2007, and Masiella M. Grob, born March 26, 2005. 2. The Father shall enjoy primary physical custody of the minor children. 3. The Mother shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances as agreed upon by the parties. 4. In the event the Mother desires a more specific visitation schedule or some other modification of this Order, Mother may petition the Court to have the case again scheduled with the custody Conciliator for a conference. cc: /Thomas M. Clark, Esquire Ms. Kelly M. Grob 0.6p , CS mho ? l0 2?l OS BY THE COURT, VINVnIA 1N3d ,,, . 4 1 KELLY M. GROB, Plaintiff vs. JASON D. GROB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-5654 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Anthony J. Grob, born June 16, 2007 Masiella M. Grob, born March 26, 2005 2. A Conciliation Conference was held on October 17, 2008, with the following individuals in attendance: the father, Jason D. Grob, with his counsel, Thomas M. Clark, Esquire. The mother did not appear. 3. The Mother filed a pro se Complaint For Custody. She did not appear at the conciliation conference. The children are in the custody of the Father. 4. The Conciliator recommends an Order in the form as attached. Date: October I' , 2008 Hubert X. Gilroy, Custody Concilia) INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48' Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I . D.: 76117 KELLY M. GROB IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs : CIVIL ACTION: LAW JASON D. GROB : CUSTODY Defendant : No. 2008 --- 5654 --- CIVIL TERM PRAECIPE TO ENTER APPEARANCE To: The Honorable, Prothonotary of Cumberland County: Please enter my appearance in the above-captioned matter on behalf of PLAINTIFF, KELLY M. GROB. /a z-3 ?v Dat Philip M. Intrieri, Esq. Attorney at Law PMI/sai cc: Custody Conciliator Hubert X. Gilroy, Esq. File ?__ ,?. _ x C'^f :'? t } f.P7 -.?-, te : ?? r .. ^ r"r-t tia " ..,? ? s -,;a ?v .? ?' DEC 17 204869 KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY COURT ORDER AND NOW, this -" ' day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 20, 2008, is vacated and the following TEMPORARY custody Order is entered: 1. The mother, Kelly M. Grob, and the father, Jason D. Grob, shall have shared legal custody of Anthony J. Grob, born June 16, 2007, and Masiella M. Grob, born March 26, 2005. 2. Physical custody shall be handled as follows: A. The Father shall have custody from December 19th through December 20t" at 5:00 p.m. B. The Mother shall have custody from 5:00 p.m. on December 20`h through December 21St at 9:00 a. m. C. The Father shall have custody on December 2151 at 9:00 a.m. until December 25th at 2:00 p.m. D. The Mother shall have custody from December 2.5th at 2:00 p.m. until December 28th at 5:00 p.m. E. The Father shall have custody from December 28t" at 5:00 p.m. through December 31St at 5:00 p.m. F. The Mother shall have custody from December 315` at 5:00 p.m. through January 1, 2009, at 5:00 p.m. -s ?? 00 3. After January 1 S`, physical custody shall be handled with the Mother having custody of the minor children for the three days she is off work and the Father having custody for the other days during the week. Legal counsel for the parties shall exchange letters detailing a proposed schedule to address the actual time frame for exchange of custody in January. In the event the parties are unable to reach an agreement, legal counsel may contact the Custody Conciliator directly to set up a telephone conference call between the Conciliator and legal counsel for purposes of addressing any issues. 4. It is further understood that each parent enjoys the right of first refusal for custody of the minor children such that if the custodial parent is unable to provide personal care for the minor children for a period of four hours or more when they have scheduled custody time, the custodial parent must contact the non-custodial parent and give them the opportunity to provide day care during that time. BY THE COURT, J. esley Oler, Jr., ud glt? cc: Pilip M. Intrieri, Esquire /Thomas M. Clark, Esquire KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Anthony J. Grob, born June 16, 2007 Masiella M. Grob, born March 26, 2005 2. A Conciliation Conference was held on December 16, 2008„ with the following individuals in attendance: The mother, Kelly M. Grob, who appeared with her counsel, Philip M. Intrieri, Esquire, and the father, Jason D. Grob, with his counsel, Thomas M. Clark, Esquire. 3. The parties are unable to reach an agreement on a long term custody Order. However, based upon the recommendation of the Custody Conciliator, a temporary agreement was worked out with respect to physical custody to get the case through the holidays with the understanding that another conciliation conference will be scheduled in late January. 4. The Conciliator recommends an Order in the form as attached. Date: December, 2008 //Uk , Esquire Hubert X. Gilrt r Custody Concto KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-5654 JASON D. GROB, CIVIL ACTION -LAW Petitioner IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW COMES, Jason D. Grob, by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Jason D. Grob, who currently resides at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Kelly M. Grob, who currently resides at an unknown address. 3. Petitioner seeks primary legal custody of the following children: Masiella M. Grob, born on March 26, 2005 and Anthony J. Grob, born June 16, 2007. Marsiella M. Grob was born out of wedlock. Anthony J. Grob was not born out of wedlock. The children are presently in the physical custody of Respondent. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. September 2007 to Present 7 Scarsdale Drive Father Camp Hill, PA 17011 B. July 2005 to 321 W. Shady Lane, Apt. H Father and Mother September 2007 Enola, PA 17025 C. Birth to July 2005 706 Erford Road Mother, Rennee M. Morgan, Camp Hill, PA 17011 Adam L. Morgan, and Elizabeth D. Morgan The mother of the children is Kelly M. Grob, currently residing at an unknown address. The father of the children is Jason D. Grob, currently residing at 7 Scarsdale Drive, Camp Hill, Pennsylvania. 5. The relationship of Petitioner to the children is that of Father. The children currently reside with Petitioner. 6. The relationship of Respondent to the children is that of Mother. 7. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. The Honorable Wesley Oler, Jr. signed an Order dated December 17, 2008. A copy of said Order is attached hereto as Exhibit A as if fully set forth herein. This matter was previously scheduled for a Conciliation before Hubert X. Gilroy, Esquire. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Petitioner sole legal custody and primary physical custody of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Petitioner respectfully requests This Honorable Court to award sole legal custody and primary physical custody of the minor children. Respectfully submitted, COLGAN MARZZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 _Ig/.qg/ Dated: G9 EXHIBIT A DED 77 zoW 4 KELLY M. GROB. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY COURT ORDER AND NOW, this _ f ! _%day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 20, 2008, is vacated and the following TEMPORARY custody Order is entered: The mother, Kelly M. Grob, and the father, Jason D. Grob, shall have shared legal custody of Anthony J. Grob, born June 16, 2007, and Masiella M. Grob, born March 26, 2005. 2. Physical custody shall be handled as follows: A. The Father shall have custody from December 19`h through December 201h at 5:00 p.m. B. The Mother shall have custody from 5:00 p.m. on December 20" through December 215' at 9:00 a.m. C. The Father shall have custody on December 2 at 9:00 a.m. until December 25'h at 2:00 p.m. D. The Mother shall have custody from December 25'h at 2:00 p.m. until December 28'h at 5:00 p.m. [:. The Father shall have custody from December 28'h at 5:00 p.m. through December') 1" at 5:00 p.m. F. The Mother shall have custody from December 3l" at 5:00 p.m. through January 1, 2009, at 5:00 p.m. After January I ". physical custody shall be handled with the Mother having custody of the minor children for the three days she is off work and the Father having custody for the other days during the week. Legal counsel for the parties shall exchange letters detailing a proposed schedule to address the actual time frame for exchange of custody in January. In the event the parties are unable to reach an agreement. legal counsel may contact the Custody Conciliator directly to set up a telephone conference call between the Conciliator and legal counsel for purposes of addressing any issues. 4. It is further understood that each parent enjoys the right of first refusal for custody of the minor children such that if the custodial parent is unable to provide personal care for the minor children for a period of four hours or more when they have scheduled custody time, the custodial parent must contact the non-custodial parent and give them the opportunity to provide day care during that time. BY THE COURT, ?/Iesley Oler, Jr, dge cc: Philip M. Intrieri, Esquire Thomas M. Clark, Esquire cok, In V;;r8d, ! two unto. -? ??t*y e4r? r t d C tt at Car lsia, Pa ?:? a,... KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE, 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Anthony J. Grob, born June 16, 2007 Masiella M. Grob, born March 26, 2005 2. A Conciliation Conference was held on December 16, 2008„ with the following individuals in attendance: The mother, Kelly M. Grob, who appeared with her counsel, Philip M. Intrieri, Esquire, and the father, Jason D. Grob, with his counsel, Thomas M. Clark, Esquire. 3. The parties are unable to reach an agreement on a long term custody Order. However, based upon the recommendation of the Custody Conciliator, a temporary agreement was worked out with respect to physical custody to get the case through the holidays with the understanding that another conciliation conference will be scheduled in late January. 4. The Conciliator recommends an Order in the form as attached. Date: December, 2008 j , Hubert X. GilrUv, Esquire Custody Conciliator KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-5654 JASON D. GROB, CIVIL ACTION -LAW Petitioner IN CUSTODY VERIFICATION I, JASON D. GROB, verify that the statements made in this Petition 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: [a 0 1 J ;ON D. GROB, Petitioner 4ZO.Oo Po AT -( e?# a?oa ?Y am6w KELLY M. GROB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5654 CIVIL ACTION LAW JASON D. GROB IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count?Courthouse, Carlisle on Friday, January 08, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gdro Es q. 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 infonnation 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 OF THE p NOTARY 2009 DEC -9 PM 4= D3 CUM ;; . ,.C) i..,IjUN PENNSMANIq JAN 12, 2010 IN THE COURT OF COMMON PLEAPOF ' KELLY M. GROB, PENNS_yAl-fA CUMBERLAND COUNTY -r Plaintiff , CIVIL ACTION - LAW vs. '{ 5 GROB JASON D _ NO. 2008-5654 r k , . Defendant IN CUSTODY - ?' r) : + c COURT ORDER AND NOW, this l3 day of January, 2010, upon consideration of the attached Custody Conciliation Report, the following TEMPORARY custody Order is issued: The mother, Kelly M. Grob, and the father, Jason D. Grob, shall enjoy shared legal custody of Masiella M. Grob, born March 26,2005, and Anthony J. Grob, born June 14, 2007. 2. The Father shall enjoy primary physical custody of the minor children. 3. The Mother shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends starting January 8, 2010, from Friday at 9:00 a.m. through Monday at noon. On the first weekend for the Mother, Mother shall ensure that the child attends and receives the scheduled flu shot on Saturday of that weekend and shall also ensure that the child attends the scheduled pediatric appointment on Sunday of that weekend. B. Mother shall also have custody on every Wednesday from 9:00 a.m. until 8:00 p.m. assuming Mother is off work on Wednesday. 4. The parties shall have another custody conciliation conference on Thursday, April 15, 2010, at 8:30 a.m. Pending that conference, the above Order shall be TEMPORARY in nature and, in the event the parties are unable to reach an agreement on the entry of a permanent Order, each party reserves the right to advance a different position at a hearing on the merits of this case. 1 5. The non custodial parent shall enjoy reasonable telephone contact with the minor children on generally an every other day schedule with the custodial parent to initiate the phone call so that the children can talk to the non custodial parent. 6. Father shall provide Mother with insurance cards for purposes of obtaining the necessary services for the child on the first weekend the Mother has custody. 7. Exchange of custody shall be at the East Pennsboro Library with this issue to be revisited at the next custody conciliation conference. Additionally, Father's girlfriend shall not actually do the exchange of custody, with the understanding that either Father or some other relative will handle the physical exchange of custody with the Mother, although the girlfriend may be present at that time. BY THE COURT, cc: Z-jlip M.Intreiri Esquire homas M. Clark, Esquire Coca ES ma.-t L?L r4) 4r/ IC) KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Masiella M. Grob, born March 26,2005 Anthony J. Grob, born June 14, 2007 2. A Conciliation Conference was held on January 8, 2010, with the following individuals in attendance: the mother, Kelly M. Grob, with her counsel, Philip Intrieri, Esquire, and the father, Jason D. Grob, who appeared with his counsel, Thomas Clark, Esquire 3. Based upon the strong recommendation of the Custody Conciliator, the parties agree to the entry of a TEMPORARY Order in the form as attached. 2010 Date: January Hubert X. G' oy, Esquire Custody nciliator 0 2010 KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW n a JASON D. GROB m-; NO. 2008-5654 -? Defendant IN CUSTODY' : c: .) Prior Judge: The Honorable J. Wesley Oler, Jr. y ' COURT ORDER c 77 AND NOW, this day of April, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 19`x' day of July, 2010 at 1:30 p.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of January 13, 2010, shall remain in effect as a TEMPORARY Order subject to the following modifications: A. Mother's alternating weekends shall be from Friday at 9:00 a.m. through Sunday at 8:30 p.m. B. Mother's Wednesday visitation shall now start on every Tuesday evening from when mother gets off work through Wednesday at 8:00 p.m. C. Consistent with paragraph 6 of the prior Order, father shall provide insurance cards to mother on or before April 30, 2010. 3. Legal counsel for the parties shall conduct a telephone conference with the Custody Conciliator on July 8, 2010, at 8:00 a.m. At that time, the parties shall endeavor to determine if they can reach an agreement prior to the hearing scheduled above and, if so, the Conciliator may recommend an Order to the Court as appropriate. BY THE COURT, / J. esley Oler, J cc: Pip M. Intreiri, Esquire -" Thomas M. Clark, Esquire C t ES n?.?t l4Cl.? KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Masiella M. Grob, born March 26,2005, and Anthony J. Grob, born June 14, 2007 2. A Conciliation Conference was held on April 15, 2010, with the following individuals in attendance: The mother, Kelly M. Grob, with her counsel, Philip Intrieri, Esquire, and the father, Jason D. Grob, who appeared with his counsel, Thomas Clark, Esquire 3. There remains some issues in this case with respect mother's desire for additional periods of custody and also an issue with respect to where the children will start to attend school this upcoming fall. A hearing is necessary at this point subject, however, to the additional scheduling of another Custody Conciliation Conference to see if the matters can be resolved short of a hearing. The parties have agreed upon a modification of the existing Order pending a hearing, and the Conciliator recommends an Order in the form as attached. Date: April / ? '2010 Hubert X. Gilroy, Custody Concilia KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON D. GROB, Defendant NO. 08-5654 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 17'h day of May, 2010, upon agreement of counsel, the hearing in the above matter previously scheduled for July 19, 2010, is rescheduled to Monday, August 2, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 Attorney for Plaintiff homas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant :rc C I' £S /Yla t l BY THE COURT, J.: Wesley Olek Jr. Cl) KELLY M. GROB, Plaintiff vs. JASON D. GROB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5654 CIVIL ACTION -LAW IN CUSTODY ~~ ~ j ~ f A DEFENDANT'S ~?T~e,: CUSTODY TRIAL MEMORANDUM .sa SUBMITTED BY: Thomas M. Clark, Esquire COUNSEL FOR: Deferi~ant _ .. :i3 .., _. I. BRIEF SUMMARY OF CASE, INCLUDING NAMES AND DATES OF BIRTH OF CHILD AT ISSUE AND THE CURRENT CUSTODY SITUATION: The Defendant is Jason D. Grob ("Father"), who currently resides at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The Plaintiff is Kelly M. Grob ("Mother"), who currently resides at 706 Erford Road, Camp Hill, Cumberland County, Pennsylvania. Defendant seeks to maintain primary physical custody of the following children: Masiella M. Grob, born in March of 2005 and Anthony J. Grob, born in June of 2007. Since approximately the fall of 2008, Father has had primary physical custody of the minor children. The Parties entered into their first Custody Order which was signed by the Honorable Wesley Oler, Jr. on December 17, 2008. The December 17, 2008 Custody Order was meant to be temporary in nature, however, the parties did not go back to Conciliation to modify the Order as they were originally supposed to do. In June of 2009, without notice, Mother disappeared from the children's lives and did not have contact with the children again until approximately November of 2009. Q On December 4, 2009, upon Mother's return to Pennsylvania, Father filed a Petition to Modify Custody. The Parties appeared at two (2) Conciliation Conferences and on April 21, 2010, the Parties entered into their current Custody Order. Per this Custody Order, the children are presently in the physical custody of Defendant. The full schedule is as follows: • Father has primary physical custody. • Mother has custody on alternating weekends from Friday at 9:00 a.m. through Sunday at 8:30 p.m. • Mother has custody every Tuesday evening from when Mother gets off work through Wednesday at 8:00 p.m. II. STATEMENT OF ISSUES EXPECTED TO ARISE DURING TRIAL: Whether the best interests of the children would be served by Father maintaining primary physical custody of the children? Suggested Answer: Yes Whether the children should attend Father's school district since Father has maintained primary physical custody of the children since 2008? Suggested Answer: Yes III. FATHER'S POSITION ON CUSTODY: Father is seeking to maintain primary physical custody and shared legal custody of the minor children. It is believed and therefore averred that Father can provide a stable, healthy and supportive environment for the children. Moreover, Father has a support system of friends and family, including his parents, who can help to provide for the economic needs, as well as the educational needs of the children. Since approximately the fall of 2008, Father has had primary physical custody of the minor children. In June of 2009, without notice, Mother disappeared from the children's lives and did not have contact with the children again until approximately November of 2009. At the time of the Conciliation Conference, Mother gave no good reasons as to why she had no contact with Father and/or the minor children for a period of approximately six (6) months. Father and children have resided at the same residence since the Parties' separation in the fall of 2008. The home in which Father and the children live has ample space. Additionally, Father's family, specifically his grandmother, has provided daycare for the children since prior to the Parties' separation in 2008. The minor children benefit from having grandparents and a great grandmother nearby to offer assistance and a nurturing extended family environment. Father can continue to offer a stable home life for the children, and will be remaining in the same school system throughout their years in school. Moreover, Father has the support system of family and friends that can help in the upbringing of the children. Father has concerns regarding the care for the children while residing with Mother. It is believed that Mother still lives in a home with her Mother, her sister, her sister's child and perhaps other individuals. The home is cramped and does not meet the needs of the children. Mother has moved in and out of this home several times since the parties' separation. At the time of trial, Father will be able to testify to different incidents which would support the fact that the best interests of the children will be served by Father having primary physical custody. IV. POTENTIAL WITNESSES TO BE CALLED: 1. Jason D. Grob -Will testify to his relationship with the children; why he should remain the primary custodian; and to his home environment. 2. Lisa Grob (31 Woburn Abbey Avenue, Cama Hill. Pennsvlvania) -Will testify to Father's relationship with the children, the circumstances of their day to day home life and the role Father has played in caring for the children. 3. Pat Shuey (846 Brian Drive, Enola. Pennsvlvania) -Will testify to Father's relationship with the children, Father's work habits, Father's day to day home life, and the role Father has played in caring for the children. 4. Tannis Dunn (106 Park Place, Cama Hill, Pennsvlvania) -Will testify to Father's relationship with the children, Father's work habits, Father's day to day home life, and the role Father has played in caring for the children. 5. Jim Poole (Stony Run Way, York. Pennsvlvania) -Will testify to Father's relationship with the children, Father's work habits, Father's day to day home life, and the role Father has played in caring for the children. 6. Elizabeth McHenry (Address Pendins) -Will testify to Father's relationship with the children, Father's work habits, Father's day to day home life, and the role Father has played in caring for the children. 7. Kelly M. Grob (as on cross) -Will question Plaintiff about her relationship with the children; her current living environment; and to her current work schedule. Dated: Z~ f ~ spectfull ubmitted, ,--~._ Thomas M. Clark, Esquire COLGAN MARZZACCO, LLC Supreme Court I.D. #85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717)502-5000 ~- CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-5654 JASON D. GROB, :CIVIL ACTION -LAW Defendant : IN CUSTODY correct copy of Defendant's 1 Custody Trial Memorandum upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Philip M. Intrieri, Esquire 615 North 48th Street Harrisburg, PA 17111-3625 By: CO GAN M ZACCO, LLC Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: ~ 2~ c a ~i~l:.~,i_ ~ _. r ~ . v. .~ TN~,- , ~',-~. 2QIQ J>'_ ~7 i~ i ~:~ ~~ ' /~~ Pty e~~ ~ [['' h~f E4-~~ ii INTRIERI ~ ASSOCIATES 615 North 48'" Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMILaw~verizon.net KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION: CUSTODY JASON D.GROB, Defendant No. 2008 - 5654 -CIVIL TERM PRE-TRIAL MEMORANDUM BEFORE THE HONORABLE J. WESLEY OLER, JR. AND NOW, comes the Plaintiff, Kelly Grob, by and through her attorney, Philip M. Intrieri, Esq., who files this Pre-Trial Memorandum in the instant custody dispute regarding children Masiella, age 5, and Anthony, age 3, such matter to be heard August 2, 2010, before This Honorable Court. The main issue in this case is who shall have primary physical custody of the children, and, concurrently, which school they would attend. r I: CUSTODY HISTORY 1. 12/17/08, Temporary Order: After dividing time leading up to the holiday season, generally 50/50 custody, with mother having 3 days per week, and father having 4. 2. 1/22/09, Father commits vicious assault on mother, in mother's backyard. Father chokes mother into unconsciousness. Charged with simple assault, terroristic threats, harassment, and trespassing. Currently on ARD. 3. 2/13/09, PFA order awarded to mother, continues in effect until 2/13/12. 4. 8/31/09, Mother visits Florida without the children to establish a new life for herseff and her children, far away from father. Upon her retum on 9/8/09, father and family refuse her access to the children until Thanksgiving, then bar her any further access until further visits are enforced through the intervention of the Conciliator during the holiday season. Mother no longer plans to relocate. 5. 12/4/09, Father Petition to Modify Custody, requesting sole legal and physical custody. 6. 1 /13/10, Temporary Order. Father granted primary physical custody, over mother's vigorous objection. Mother receives every other weekend, and a day visit each Wednesday. Mother moves for trial. 7. 4/21/10, Temporary Order: Mother's time increases one additional Wednesday ovemight per week. Father refuses even to allow the children to stay ovemight on Thursday, forcing mother to return them Thursday before bedtime. Trial set. II: MOTHER'S CURRENT POSITION Mother is requesting primary physical custody, with father receiving alternating weekends, and a standard holiday schedule. Father has turned away an offer for 50/50 custody, in order to avoid trial. This offer is now withdrawn. 2. III: ISSUES PRESENTED The primary issue in a custody matter is what outcome is in the best interests of the children. Our appellate courts have conceived a four part review of the following factors to assist in making this decision: Character and fitness, type of home, ability to provide adequate care for the children, and ability to financially provide for the children. Tettis v. Bovum, 463 A.2d 1056, 1064 (Pa. Super 1983). The following facts will be explored: 1. Character: Aside from father's history of assaultive and abusive behavior, father was charged and pled guilty to furnishing alcohol to a minor, an M-3. Guilty plea, MDJ Clement, 6/29/09. This incident occuned while he supposedly should have been watching the children. 2. Type of home: Father retains possession of the marital home. He has refused mother reimbursement for the value thereof, which has halted divorce proceedings. He refuses mother access to the home. The home is currently in foreclosure, thus father can not even offer This Court a roof over their heads. Mother is settled into a new apartment in Newport, with separate bedrooms for each child. 3. Ability to care: Father's parents and grandmother often care for the children. They sleep frequently at grandmother's house. Father presses for full time custody, but is in reality a part time caretaker. 4. Ability to provide: Mother has a stable job as a pharmacy technician. Father works sometimes, but mostly collects unemployment. Father has wasted the value of the marital home by failing to pay the mortgage. 3. IV: WITNESSES AND TESTIMONY Although father filed the current Petition for Modification, mother has been designated the moving party. Therefore, mother proceeds first with testimony, regarding the above issues, as follows: 1. Father Jason Grob, (as on cross). 2. Mother Kelly Grob. Mother requests this Pre-Trial Memorandum become part of the record. Respectfully submitted, --~ 7 ~~ ~ Date Philip M. Intrieri, Esq. Attorney for Plaintiff 4. INTRIERI ~ ASSOCIATES Philip M. Intrieri, Esq. 615 North 48"' Street Harrisburg, PA 17111-3625 (717) 564-6969 Attorney I. D. # 76117 PMILaw(~verizon.net CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on July 26 , 2010, 1 served a true and correct copy of the foregoing PRE-TRIAL MEMORANDUM, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, or by electronic means, to the following: Thomas M. Clark, Esq. Colgan Marzzacco, LLP 130 West Church Street, Suite 100 Dillsburg, PA 17019 Cumberland County Prothonotary One Courthouse Square Carlisle, PA 17013 (Original and 1 copy) July 26, 2010 /s/Philin M. Intrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48~' Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 P'`' KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~:~ -r3 vs. CIVIL ACTION `=- N0.08-5654 CIVIL TERM `~''~ ~~' ~~' JASON D. GROB, ,o '' " ' ~' Defendant IN CUSTODY - ~ -~ ' `~" -F ..~_ __ ,. _ __.. . .. w _ INTERIM ORDER OF COURT _- ~ ` y; AND NOW, this 4~' day of August, 2010, upon consideration of Defendant's petitiof for Modification of Custody with respect to the parties' children, Marsiella M. Grob (d.o.b. March 26, 2005) and Anthony J. Grob (d.o.b. June 16, 2007), and following a hearing held on August 2, 2010, which has not yet been completed, and based upon the court's perception as to the best interests of the children at this time, it is ordered and directed as follows pending further hearing and order of court: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, the father; 3. Temporary or partial physical custody of the children shall be in Plaintiff, the mother, at the following times: a. On alternating weekends, from Friday at 9:00 a.m. through Sunday at 8:30 p.m.; b. Each week from Tuesday evening when Plaintiff gets off from work through Thursday at 8:00 p.m.; 4. Notwithstanding the foregoing, each party shall have custody of the children for one-half of Christmas Day, Easter Day, Mother's Day, Father's Day, and the day of each child's birthday; =* 5. The school district of the children shall be where Defendant, the father, resides; and 6. Nothing herein is intended to preclude the parties from deviating from the terms of this interim order as follows. / Philip M. Inrieri, Esquire 615 North 49~' Street Harrisburg, PA 17111 For the Plaintiff ./Thomas M. Clark, Esquire 130 W. Church Street Suite 100 Dillsburg, PA 17019 For the Defendant :rlm ~-C~ `(' ~ gs rn~ t ~, S ~~rv ~~~ BY THE COURT, e ~ KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of August, 2010, upon consideration of Defendant's Petition for Modification of Custody with respect to the parties' children, Masiella M. Grob (date of birth March 26, 2005), and Anthony J. Grob (date of birth June 16, 2007), and following a hearing held on this date which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling an additional half day of hearing in this matter. It is noted that at the time of adjournment on today's date, Plaintiff had presented one witness in the person of herself with a reservation of the right to call additional witnesses, and Defendant was in the process of presenting his first witness in the person of himself, and he was being subjected to cross-examination by Plaintiff's counsel with an understanding that he will be permitted to testify further on direct examination if he requests to do so and will be permitted to call additional witnesses. It is noted that at the time of adjournment in this case Plaintiff's Exhibits 1, 2, and 3 had been identified and admitted, and Defendant's Exhibits 1-A through 1-L, 2, 3, and 4 had been identified and admitted, no other exhibits had been identified or admitted. r , Neither counsel at this point has requested the notes of testimony from today's proceeding be transcribed and filed. Philip M. Inteiri, Esquire 615 North 48th Street Harrisburg, PA 17111 For the Plaintiff ~ Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 For the Defendant pcb l.~O -~ t ~£ S rn,~ l ~, I a~c~/,o ~~ By the Court, KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JASON D. GROB, Defendant N0.08-5654 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 18~' day of August, 2010, upon agreement of counsel, a further period of hearing in the above matter is scheduled for Monday, November 1, 2010, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, / Phili M. Intrieri, Es . P q 615 North 48~' Street Harrisburg, PA 17111-3625 Attorney for Plaintiff ./Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant :rc °P „ c ~esley Ole Jr. J. KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON D. GROB, Defendant NO. 08-5654 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY AMENDED ORDER OF COURT AND NOW, this 13th day of August, 2010, the prior order of court entered in this matter dated August 18, 2010, is hereby amended to reflect that correct date of the order should be August 13, 2010. In all other respects, the prior order of court shall remain in full force and effect. Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 Attorney for Plaintiff Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant :rc C'®p;PS Ated ed f113/ia R9-1- BY THE COURT, KELLY M. GROB, Plaintiff v JASON D. GROB, Defendant IN THE COURT OF CO MMON PLEAS OF CUMBERLAND COUNTY PENNSYLVNNIA ? CIVIL ACTION - LA NO. 08-5654 CIVIL us'4 TERM *'r t - , : q IN RE: RECORD TO REMAIN OPEN ORDER OF COURT AND NOW, this 1st day of November, 2010, upon consideration of Defendant's Petition for Modification of Custody with respect to the parties' children, Masiell M. Grob (date of birth, March 26, 2005) and Anthony J. Grob (date of birth, June 16, 2007), and following a second period of hearing held on this date, which has not yet been completed, the record shall remain open, and a further period of hearing in this case is scheduled for Thursday, March 24, 2011, at :30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is noted that at the time o today's date Defendant's counsel was subjectinc cross examination. In addition, it is noted t] proceeding Plaintiff's Exhibits 4 and 8 had bef admitted, and Defendant's Exhibits 9, 5, 7, 8 identified and admitted. Pending further order of Court Order of Court dated August 4, 2010, shall rem and.effect. By the Court, J f adjournment on j Plaintiff to aat at today's E?n identified and ind 6 had been , the terms of the yin in full force esley Oler, Jr., J. ?,,/Philip M. Intrieri, Esquire 615 North 48th Street Harrisburg, PA 17111 For Plaintiff ?,i'I'homas M. Clark, Esquire 130 W. Church Street Suite 100 Dillsburg, PA 17019 For Defendant mae l ES rr1?t? KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVAN IA e VS. NO. 2008-5654 .°r`a C 7 r , JASON D. GROB, CIVIL ACTION -LAW Petitioner IN CUSTODY EMERGENCY PETITION FOR CUSTODY MODIFICATION AND NOW COMES, Jason D. Grob, by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Emergency Petition for Custody Modification, and in support thereof, avers as follows: 1. The Petitioner is Jason D. Grob ("Father"), who currently resides at 7 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Kelly M. Grob ("Mother"), who currently resides at Mahoney Valley Drive, Duncannon, Perry County, Pennsylvania. 3. Petitioner seeks sole physical custody and termination of Mother's periods of partial physical custody of the following children: Masiella M. Grob, born on March 26,2005; and Anthony J. Grob, born June 16, 2007. 4. On August 4, 2010, an Interim Order of Court was entered by the Honorable J. Wesley Oler, Jr., at the above-captioned docket. A true and correct copy of said Order is attached hereto as Exhibit A as if fully set forth herein. f? 170,061 ? `` r Cpl lp 6?, P__0 ASS 317 5. Pursuant to the above-referenced Order, Father has primary physical custody of both children but Mother has partial physical custody of the children each week from Tuesday evening until Thursday at 8:00 p.m., as well as alternating weekends and one-half day for enumerated holidays. 6. For the following reasons, the best interest and permanent welfare of all of the children will be served by signing an Order that grants Father sole physical custody and termination of Mother's periods of partial physical custody of the children pending a Hearing: a. On or about Tuesday, February 1, 2011, Mother was to exercise custody of both children per the above-referenced and attached Order. b. However, due to inclement weather, Mother agreed to take custody of both children on Wednesday, February 2, 2011. c. On Wednesday, February 2, 2011, Father was sent home early from work due to illness, picked up both children from their paternal grandmother's house, and immediately transported them to Mother's residence. d. At that time, neither child exhibited signs of physical abuse. e. Father dropped off both children at Mother's apartment and left. f. After several hours exercising physical custody of both children, Mother called Cumberland County Children and Youth reporting Anthony had a bruised eye and attributing the injury to Father. g. A text message was sent to Father by Mother but not received for a few days, as Father was ill. h. No action was immediately or subsequently taken to date by Cumberland County Children and Youth seeking to preclude Father from exercising physical custody of either of the children. i. On February 15, 2011, Father picked up both children at their Mother's apartment and re-established physical custody. j. At that time, :Father observed bruising to Anthony's eye and other marks. k. Both children advised Father that Anthony's injuries were sustained at the hands of Travis Lilly, Mother's boyfriend who they report lives in the same apartment complex as Mother and regularly co-habitates with her. 1. Father immediately contacted the police and was directed to the Pennsylvania State Police (13SP)-Newport, as they maintain jurisdiction for Duncannon, Perry County. m. Father followed with PSP as directed. n. Trooper Arnold interviewed both children and his investigation is ongoing. o. Incident to this complaint, Perry County Children and Youth became involved. p. On February 7, 2011, Perry County Children and Youth Services issued a letter to Father memorializing that it had received a "suspected serious physical injury child abuse report" concerning Anthony and naming Travis Lilly as the alleged perpetrator. A. true and correct copy of said letter is attached hereto as Exhibit B. q. On February 8, 2011, incident to its preliminary investigation, Perry County Children and Youth implemented a Safety Plan, which prohibits Mother from exercising physical custody and care of Anthony Grob. A true and correct copy of said Plan is attached hereto as Exhibit C. r. However, since the initial complaint did not involve allegations of direct, physical abuse against Masiela, she was not included in the initial safety plan. s. Due to the course of events outlined above, Father has concerns for the welfare of Masiela should she return to the continued physical custody and care of Mother. 9. The best interest and permanent welfare of the children will be served by granting Petitioner sole physical custody and terminating Mother's periods of partial physical custody of the children pending a Hearing. 10. This custody matter was previously assigned to The Honorable J. Wesley Oler, Jr., who signed the Interim Order dated August 4, 2010. WHEREFORE, Petitioner respectfully requests This Honorable Court to award him sole physical custody and terminate Mother's periods of partial physical custody of the minor children pending a Hearing. Dated: 2,4l Respectfully Submitted, COLGANMA ZACCO, LLC By Thomas M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 I XHIBIT A KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 08-5654 CIVIL TERM JASON D. GROB, Defendant IN CUSTODY INTERIM ORDER OF COURT AND NOW, this 4"' day of August, 2010, upon consideration of Defendant's petition for Modification of Custody with respect to the parties' children, Marsiella M. Grob (d.o.b. March 26, 2005) and Anthony J. Grob (d.o.b. June 16, 2007), and following a hearing held on August 2, 2010, which has not yet been completed, and based upon the court's perception as to the best interests of the children at this time, it is ordered and directed as follows pending further hearing and order of court: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of the children shall be in Defendant, the father; 3. Temporary or partial physical custody of the children shall be in Plaintiff, the mother, at the following times: a. On alternating weekends, from Friday at 9:00 a.m. through Sunday at 8:30 p.m.; b. Each week from Tuesday evening when Plaintiff gets off from work through Thursday at 8:00 p.m.; 4. Notwithstanding the foregoing, each party shall have custody of the children for one-half of Christmas Day, Easter Day, Mother's Day, Father's Day, and the day of each child's birthday; 5. The school district of the children shall be where Defendant, the father, resides; and 6. Nothing herein is intended to preclude the parties from deviating from the terms of this interim order as follows. Philip M. Inrieri, Esquire 615 North 49th Street Harrisburg, PA 17111 For the Plaintiff Thomas M. Clark, Esquire 130 W. Church Street Suite 100 Dillsburg, PA 17019 For the Defendant Am TRUE COPY , .I Rt+OerM euRnto ECORD sM' my hand inTestimor?ywhereofFROM. R and the.seW of said ot.1disie, Pa. notar This Of of onotary Protho BY THE COURT, EXHIBIT B ADNMNISTRATOR LORI DRESSLER LOWER PERRY COUNTY CHILDREN AND YOUTH SERVICES P.O_ BOX 123 112 CENTRE DRIVE NEW BLOOMFIELD, PA 17068 TELEPHONE (717) 582-2076 FAX (717) 582-2417 February 7, 2011 Mr. Jason Grob 7 Scarseal Dr. Camp Hill, PA 17011 Dear Mr. Grob, COUNTY COMMISSIONERS JOHN J. AMSLER BRENDA K BENNER STEPHEN C. NAYLOR A suspected serious physical injury child abuse report regarding your child, Anthony Grob, has been received by Perry County Children and Youth Services and Pennsylvania Department of Public Welfare, Harrisburg, PA. The alleged perpetrator by commission is listed as Travis Lilly. At any time, upon written request, you may receive a copy of the information contained in said report, except that no data may be released that would identify persons who made the report or cooperated in subsequent investigations. This suspected child abuse report will be reported to law enforcement officials if the initial review gives evidence that the abuse is homicide, sexual abuse or exploitation, or serious bodily injury perpetrated by persons whether related or not related to the victim, or child abuse perpetrated by persons who are not family or household members. Persons named as perpetrators may not be hired in some child caring jobs under certain conditions according to Act 33 of 1985. If, after completion of the Children and Youth Services' investigation, the allegations cannot be substantiated, the report will be given an unfounded status. The information contained in the report of suspected abuse will be maintained for one year. Following the expiration of one year after the date the report was received, the report will be expunged within the next 120 days. Perry County Children and Youth Services is anxious to assist you in every way we can to provide a safe, nurturing home for your child. Please call the caseworker listed below at 717-582-2076 between 8:00 a.m. and 4:00 p.m. to schedule an appointment as soon as you receive this letter. Sincerely, (Y&W vw?-_ Laura Yoder Case Manager EXHIBIT C J , 0 a o C D jr --% ? :r z cD ? ? N g1 O O < N CD COD G ? 0 L C N cis -1 }C '?' ¢' CS- U? ? 3 N 10 :1 0 W -0 C> 0 -? CD N N N ) n CT 4) O N 03 . 0. U ) O 0 <0-% C/ N M O O N 0 N - '' Gt {y ? 3N c9? f ? ..? a ro cLDn c:1i? N E7 G N (4 C ) Z o,? N 7 N "- LS ,,. N ?' D rn rn ce O co ro w rn a to r Z ? o u; i2- ca ? ? Me4 S C Z (ID Al O N ...- G- M ? 0? N ? 3 NCL°'m o 5 ? o ? L {!1 C ? . m • CL o+ o CD n ? C o o fi ro r o ) ?. O w3 O- m CD Co L N C) , p n N 'O 7 -0 A -- cn D m cn -? `` (7 ° _ c 0 m N ? to ZOO N CD C7 ° d - m O o 0 CJ =5 0 CD r m N O N N D n Z ? o y 41 m ? AA`` O u O< rt (D ?IR -n 75 O S O N, - Z 3 n co m a 3:3 9 cc C a cD m o m CD (D to (0 0 w M. to co N CD --- ?° N N (P N `C D (D 0 D o cwn?N <D m a C m .3 'o 1 m N 0 m _ 5 N 7 7 ? -; O w 3 N O (D rn ?"" O O W 3 <D _1 co w 03 m W CJ O. w :3 1 _i V O r« . 3 c w Q :r o a <D ? C S z 3 N n N N 3 w G CD (n :lr i Sy O « U) -I - ` ' w CL N UI CO' to j N i O q m c = c a m N O 0 N O 7 N m m m ( m {? 3 3 0-0 ° O O ?. p 3 N . O <D cD 0 < < (A N CL w-0 w w t (D , N N cc, G `< C\ N p 3 D S < ( R CD c0 cD (D D ? 3 <D N N <D • N ro ? O -0 D ?+ N -0 ?< 9t S O (D CD < m ?' m CD 4f w 3 D 3 p ? y N = N :T O 0 3 <D O 0 3 N O O 7 - CD D] m to r jti N <D (D .-? O Q <p ' =r 0 O O O. 4> p 7 G?`• O t? f n p? N w n "O ' 0 N N O 3 o 1 ? O. ? fi? Q N 7 3 n t ? Jw Q . co c CAD CD (v 0 fl: `< O 'O w CD N -0 O " m o r. o Jam-' D C m (D o N c (D =c \? O Q 3 1 <D <D N 0 0 VERIFICATION I, JASON D. GROB, verify that the statements made in this Petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ?G /e D. GROB, Petitioner KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-5654 JASON D. GROB, CIVIL ACTION -LAW Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiff s Emergency Petition for Custody Modification upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Philip M. Inieri, Esquire 615 North 49`h Street Harrisburg, PA 111 C0IjGAN,A4AR77_A000, LLC By: `?- Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: ?` KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 1 V. CIVIL ACTION - LAW \14?) . `- JASON D. GROB, \ Defendant NO. 08-5654 CIVIL TERM IN RE: DEFENDANT'S EMERGENCY PETITION FOR CUSTODY MODIFICATION 11 ORDER OF COURT v AND NOW, this 18th day of February, 2011, upon consideration of Defendant's Emergency Petition for Custody Modification, a hearing is scheduled for Thursday, March 24, 2011, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the hearing and further order of court the Plaintiff mother shall not permit the parties' child Masiella M. Grob (D.O.B. March 26, 2005), to be in possession of Travis Lilly. ?Philip M. Intrieri, Esq. 615 North 48`" Street Harrisburg, PA 17111-3625 Attorney for Plaintiff Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant i?aa`d ?00 I I 'Ll 81814 :rc BY THE COURT, ',4 , ,` 77 i L: L' . i i L . . 5 . INTRIERI & ASSOCIATES 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMI Law c@verizon. net KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: CUSTODY JASON D. GROB, Defendant : No. 2008 - 5654 - CIVIL TERM MOTION IN LIMINE AND NOW, comes the Plaintiff, Kelly Grob, by and through her attorney, Philip M. Intrieri, Esq., who files this Motion in Limine for an in camera proceeding, to determine the reliability and admissibility of certain statements made by daughter Masiella Grob to Perry County Children and Youth, and Mother, and in support thereof avers as follows: 1. The Moving Party is Kelly M. Grob, Mother, who resides at 402 Mahanoy Valley Road, Duncannon, PA 17020. 2. The Respondent is Jason Grob, Father, who resides at 7 Scarsdale Drive, Camp Hill, PA 17011. 3. The parties hereto are currently before the Honorable J. Wesley Oler, Jr., on Father's Petition to Modify Custody, in which he is requesting sole legal and primary physical custody of the parties' two minor children. The matter is entering its third day of trial on March 24, 2011. 4. The minor children are Masiella, age 5, and Anthony, age 3. 5. On February 2, 2011, after picking up the children from Father at 1:00 p.m., and helping Anthony to undress, Mother noticed bruising to his neck. Anthony later developed a black eye, although this injury was not readily visible at 5:00 p.m. 6. Mother notified Father at 7:19 p.m. and sought treatment at Holy Spirit Hospital. Father did not respond until the next day. 7. Mother received discharge instructions from Holy Spirit Hospital directing the children not be allowed out of her care. See: Plaintiff's Exhibit 1. Holy Spirit (not Mother) notified Cumberland County Children and Youth. 8. Cumberland opened a case but does not appear to have taken any action of significance thus far. 9. Despite medical instructions to the contrary, and against her wishes, Mother released the children to Father at his normal time, on February 6, 2011. Mother released the children because the undersigned counsel advised her the current temporary order of This Court was controlling, and not the hospital's direction. 10. Although Cumberland County Children and Youth, and Lower Allen Police had already begun their investigation, upon exercising custody Father reported the same matter four days later to the Pa. State Police, and Perry 2. County Children and Youth, ("Perry"). 11. Father apparently maintains that the abuse was committed by Mother's boyfriend, one Travis Lilly. Father claims the children communicated this to him. 12. As a result of Father's actions, Perry issued a Safety Plan denying Mother access to son Anthony. Perry took this action after having the case a single day, on February 8, 2011. 13. It is unclear whether Father advised Perry on February 7, that Cumberland had already initiated a case on or around February 4, based on Mother's initiation of medical treatment, or if he reported the injuries as something new. 14. On February 15, 2011, Father declined, without lawful authority, to follow the custody order and allow Masiella to visit Mother. 15. On February 17, 2011, Father filed an Emergency Petition before This Honorable Court, seeking to completely disallow Mother from seeing both children pending hearing. Such Petition is on record with The Court, and is incorporated by reference herein. 16. Father failed to make clear to The Court that it was in fact Mother who first expressed concern regarding the injuries to Anthony, and who first sought medical treatment. Father did explain he failed to respond to Mother's inquiry because he was "ill for a few days". [Emergency Petition averment 6(a).] 17. On February 18, 2011, This Court issued an order directing Mother not to allow Masiella to "be in possession of Travis Lilly." 3. 18. The order issued based on incomplete information without allowing any opportunity for response. 19. On or around February 16, 2011, Masiella told Mother she had a secret to tell, and blurted out that Father had told both children to lie and say that Travis Lilly caused the injuries to Anthony. 20. Subsequent to the above date, based on information and belief, Masiella repeated to Perry County caseworker Laura Yoder that Father had urged both children to lie and say that Travis Lilly caused the injuries. 21. On February 22, 2011, both Mother and Travis Lilly voluntarily submitted to polygraph examinations administered by the Pa. State Police (Newport). Mother reports, based on information and belief, that both passed these examinations. 22. On February 23, 2011, the Safety Plan which purported to deny Mother's access to son Anthony was lifted by Perry County Children and Youth Services. See: Plaintiffs Exhibit 2. 23. On March 1, 2011, Perry County classified the allegation against Travis Lilly as unfounded. See: Plaintiff's Exhibit 3. 24. As of this writing, both parties are exercising their normal visitation schedule. MOTION 25. An allegation of child abuse is a severe accusation that impacts a person's life, social status, parental rights, and employment opportunities. 26. If Father urged the children to lie regarding the identity of the 4. perpetrator, it raises serious questions about his character and fitness, as well as subjecting him to charges of false reports and unswom falsification. 27. If Father urged the children to lie regarding the identity of the perpetrator, and obtained the Emergency Order under false pretenses, it is relevant as to which parent would have the tendency to encourage full and meaningful contact with the other parent. 28. It is probative that Father, upon obtaining a Safety Plan concerning Anthony, immediately took steps to deny Mother physical custody of both children, whereas Mother, even after receiving medical instructions to the contrary, continued to allow both children to see their father. 29. Perry County Children and Youth has released only redacted reports on this matter. These reports are entirely silent as to the reasons why the Safety Plan issued against Mother was rescinded, and why the allegation of abuse against Travis Lilly was unfounded. 30. In order to determine whether it is more or less likely the alleged abuse was committed while in the care of one parent or another, and whether or not a false report was submitted, it is necessary that Perry be directed to release their case notes, interview notes and results, other relevant material, and provide testimony. 31. Pursuant to the Child Protective Services Act, a court may direct disclosure of any reports and files it considers relevant, "in connection with any matter involving custody of a child." 23 Pa. C.S.A. 6340(a)(5.1). 32. Pursuant to Pa. R.C.P. 1915.11, a court may further conduct interrogation of a child in chambers in the presence of the attorneys. 5. 33. Pursuant to 42 Pa. C.S.A. 5985. 1, (the tender years exception), Masiella's hearsay statements made to her Children and Youth caseworker and Mother concerning assault are admissible in any criminal or civil proceeding, if there is prior notice, and if the court determines in an in camera proceeding the circumstances of the statement provide sufficient indicia of reliability. 34. Counsel for Mother sought the concurrence of opposing counsel on March 15, 2011, and counsel for Father opposes the Motion. WHEREFORE, Plaintiff requests This Honorable Court issue an order: a) Scheduling a hearing on the instant Motion, to determine the admissibility of the aforementioned statements of the child Masiella, b) Setting such hearing just prior to trial on March 24, 2011, at 9:30 a.m., c) Directing Perry County Children and Youth Services, on that date and time, to produce and provide copies of their entire file encompassing services rendered to Masiella and Anthony Grob, for purposes of an in camera review by The Court and counsel, to determine the relevance and admissibility of such material, d) Directing Perry County caseworker Laura Yoder, and Supervisor Julie Martzall appear and testify as The Court may allow, and e) Directing the party in possession of Masiella and Anthony to provide for their appearance in court. Respectfully submitted, 3 /4., "/ Date ,Zao(??7 Philip M. lntrieri, Esq. Attorney for Plaintiff 6. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 4e Street Harrisburg, PA 17111-3625 (717) 564-6969 PMILaw@verizon.net Pa. Attorney I.D. 76117 VERIFICATION I hereby verify that the statements made in this MOTION IN LIMINE 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 unswom falsification to authorities. Date la' Kelly M. Grob INTRIERI B ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attorney I. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on March 16 , 2011, 1 served a true and correct copy of the foregoing MOTION IN LIMINE, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Thomas M. Clark, Esq. Colgan Marzzacco, LLP 130 West Church Street, Suite 100 Dillsburg, PA 17019 Chrystal L. Prosser, Esq. Solicitor, Children and Youth 109 South Carlisle Street P.O. Box 336 New Bloomfield, PA 17068-0336 March 14 .2011 /s/ Philip M. Intrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48" Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 JOHN R. DIETZ EMERGENCY CENTER HOLY SPIRIT HOSPITAL '*N DISCHARGE INSTRUCTIONS (717) 972-4300 The examination and treatment you have received in the Emergency Center have been rendered on an emergency basis only, and are not intended to be a substitute for or an effort to provide hysician or the Emergency Center. FOLLOW THE INSTRUCTIONS CHECKED BELOW. our ons contact t li complete medical care. If you d p y ca i evelop new problems or comp Pailent Information: Patient Information Sheets Contain MlportmA Information to Review and Keep () Abdominal pain ( ) Alcohol reaction () Comsat abrasion () Headache () Croup/bronchitis Head Injury () Pain Management () Threatened Miscarriage () Pediatric Head Injury ( ) Toothache ( ) Aller ic reaction () Crutch waiting Hypertension () Pediatric URI ( ) URI and Colds g ( ) Asthma ( ) Diarrhea and VomitirtglPed. Vomiting () Imm nizaticrJ () Teta nus ( ) PID/STD () UTI and Pyelonephritis () Pneumonia () wound Radio& Kidney Stones () Back pain () Dislocation () Bites-Human/Animal/insect () Drug/Al ohol abuse/addiction () Lablynihitis () Rash () 24 Hr. Pharmacies () Other () ( ) Bum () Chest Pain () Febrile Convulsion ( ) Laceration () Fever/Pod. Fever ( ) Neck Strain Seizure () Sore Throat ( ) High potassium containing food; () Conjunctivitis O COPD () Flu ( ) Nosebleed O Fracture O Otitis Media () Sprains and Strains ( ) O Suture Care & Removal WOUND CARE ( ) May gently wash over wound in 24 hours with soap and water or peroxide. ( ) Change dressing -times daily. Redress with Badt?a cin/Neosporin and sterile dressing or leave it open It advised. ( ) Keep wound clean, dry ( ) covered ( ) uncovered SPRAINS, STRAINS, BRUISES, FRACTURES ( ) Elevate the injured part for-days to reduce swelling. ( ) Apply toe packs intermittently for-days to reduce swelling. ( ) Ace wrap for support for days. ( ) Wear splint ( ) At all times until follow-up. () For activity as needed. ( ) Use sing for support. ( ) Use crutches: 1 1 As needed, weight bearing as tolerated. ( ) At all times. NO WEIGHT BEARING NECKIBACK t ) Wear cervical collar for support for-days. ( ) Rest, avoid bending, lifting, strenuous activity for-days. ( ) Apply moist heat for minutes times daily beginning in hours. ADDITIONAL INSTRUCTIONS () Encourage fluid intake ( ) Clear liquid diet. Advance to regular diet as tolerated () Off work/school from to () Return to work on ( ) L'ght Duty until: Restrictions: ( ) No gym/sports until ( ) Follow irstructions on Workmen's Compensation Form. t ) Wear eye patch for hours. ( ) If nose bleed recurs, pinch rose firmly for 5 minutes continuously, return if bleeding not controlled. ( ) The interpretation of your X-Rays are preliminary reading. Your films will be by a radiologist. You or your PhVSiciart? 'rf there is a Chang--* Vie diagnosis. MEDICATIONS ( ) Continue present medications except: ( ) Use Advil (ibuprofen) or Tylenol as needed for pain, fever aacor ling to package instructions for age and weight, etc. ( } Use the following medicines according to package instructions: 3: ( ) The foliowhV medicines may caws drowsiness: DO NOT DRIVE OR OPERATE MACHINERY WHILE TAKING: The prescribed arttibio dirnedlk"on, may reduce the effectiveness of medication you are currently taking. Check package instructions or consult with Pharmacist. FOLLOW-UP This is our for follow-up. H your insurance (HMO) requires a physician referral for specielty cons IT IS YOUR TO OBTAIN THE NEC Y APF ( )Fellow- with: () Urgi er () Occ Doctor or in ys for. ( ) Follow-up r ( ) Suture remov C ( ) Take the following test results to your physician: ( ) CBC ( ) CMP ( ) EKG ( ) X-RAY REPORT O OTH RS IF YOU DO NOT HAVE A FAMILY PHYSICIAN CALL 763-29DO FOR PHYSICIAN REFERRAL. ( ) Call soon as possible for appointment () your X-Rays from the Radiology Departinertt prior to r fellow-up appointment Call 763-2696 to have film ready. ( your physician or specialist If not improved in days. Return to Emergency Center if you feel your co Lion is worsening, especially if - A copy of your dictated En%K-Wdy Roomje port is a Y?r Phvsican from Medica?rds (7t33p?(ibj(_rf not . ?/ I hereby acknowledge receipt of these instructions and understand them. I understand that I have had emergency treatment only and that I may be released before all of my medral problems are known or treated. 402 NAHANOV VALLEY RD APT B 03/04/2011 14:11 ADMINISTRATOR LORI DRESSLER LOWER PCCYS PERRY COUNTY CHILDREN AND YOUTH SERVICES P.O. BOX 123 112 CENTRE DRIVE NEW BLOOMFIELD, PA 17068 TELEPHONE (717) 582-2076 FAX (717) 582-2417 February 24, 2011 Kelly Grob 402 Mahanoy Valley Rd. Apt B Duncannon, PA 17020 Dear Ms. Grob, PAGE 03 COUNTY COMMISSIONERS BRENDA K. BENNER STEPHEN C. NAYLOR JOHN J. AMSLER As you are aware, the Agency developed a safety plan on February 8, 2011 in regards to Anthony Grob. This plan was lifted on February 23, 2011. 1 want to remind you that when Anthony returns to your residence, I would like tovi with you, Travis, and the children to further discuss opening your family to services. I will be referring Anthony and Masiella to the Family Center today. Also, as we discussed yesterday, please inform me of the date and time of the children's counseling appointment with the Newport Counseling Center. If you have any questions in regards to this information, please feel free to contact me at the office. I can be reached at 717-682-2076, Monday through Friday, 8am-4pm. I appreciate your cooperation in this important matter. Sincerely, OW odd- Laura Yoder Caseworker i DomW 'Perry County GhlUmn d Youth Serv&" strives to pro tect ehildren from child abure and neglect by pro services to address the issues of safety and permanence for children. 77re .Agency wrr/ support 1 amrlres, ch community through case management, advocacy, intervention, andpreservation services 7175825153 Check This block it a report for CHILD PROTECTIVE SERVICE INVESTIGATION REPORT I :student abuse (Title 23 Pa. C.S.A. Chapter 63 ) rx-1 Check this block for child abuse INSTRUCTIONS: Send one copy of this completed form to ChildLine & Abuse Registry, Department of Public Welfare, Hillcrest, 2nd Floor, P.O. Box 2675, Harrisburg, PA 17105-2675 within 30 days of the receipt of an oral report of suspected abuse. Please type or print. Use one form per incident. 1. IDENTIFYING INFORMATION A. DATE OF INCIDENT: 02/06/2011 DATE OF ORAL REPORT 0 2 0 6 - 1 1 REGISTER NUMBER 50-3930 B. NAME OF CHILD/STUDENT (Last, First, Middle Initial) BIRTHDATE SEX Grob, Anthony 0 6 - 1 4 - 0 7 LX] M F ADDRESS (Include Street, City, State, Zip Code) 7 Scarseal Dr., Camp Hill, PA 17011 COUNTY Cumberland SOCIAL SECURITY NO 176-84-7541 C. BIOLOGICAUADOPTIVE MOTHER (Last, First, Middle Initial) Grob, Kelly SOCIAL SECURITY NO 164-70-3435 BIRTHDATE 06 12 87 ADDRESS (Include Street, City, State, Zip Code) 402 Mahanoy Valley Rd. Apt B, Duncannon, PA 17020 COUNTY Perry D. BIOLOGICAUADOPTIVE FATHER (Last, First, Middle Initial) Grob,Jason SOCIAL SECURITY NO 160-66-9423 BIRTHDATE 05 I 31 84 ADDRESS (Include Street, City, State, Zip Code 7 Scarseal Dr., Camp Hill, PA 17011 COUNTY Cumberland E. AGENCY OR LEGAL GUARDIAN RESPONSIBLE FOR CHILD (Other than Public C & Y Agency) RELATIONSHIP TO CHILD SOCIAL SECURITY NO ADDRESS (Include Street, City, State, Zip Code COUNTY BIRTHDATE F. PERPETRATOR/SCHOOL EMPLOYEE (Last, First, Middle Initial) SEX Lilly, Travis ? M r] F RELATIONSHIP TO CHILD Mother's paramour/caretaker SOCIAL SECURITY NO 188-64-1879 ADDRESS (Include Street, City, State, Zip Code 402 Mahanoy Valley Rd. Apt A. Duncannon , PA 17020 COUNTY Perry BIRTHDATE 05 12 80 G. FAMILY HOUSEHOLD COMPOSITION (DO NOT COMPLETE FOR STUDENT ABUSE) Name (Last, First, Initial) Relationship to Victim Name (Last, First, Initial) Relationship to Victim Grob, Masiella Sister-Biological Lilly, Landon Brother-Half !DEMiM. "M DWAL "nNFlpENiIAL 1. Physical Injuries 01 Bums/Scalding 06 WelWEcchymosis 02 Fractures 07 Lacerations/Abrasions 03 Skull Fractures 08 PuncturesBites 04 Subdural Hematoma 09 Brain Damage KI Bruises 10 Poisoning 18 2. Mental Injuries (DO NOT COMPLETE FOR STUDENT ABUSE) 3. Sexual Abuse or Exploitation 19 Rape 21 Incest 2Statutory Rape 22 Deviate Sexual Intercourse 4. Physical Neglect (DO NOT COMPLETE FOR STUDENT ABUSE) 26 Malnutrition 28 Lack of Supervision 1 -1 27 Failure to Thrive (resulting in a physical condition 11 Asphyxiation/Suffocation 16 Drowning 12 Internal lnjuriestHemorrhage 17 Other 13 Dismemberment 14 Sprains/Dislocations 15 Drugs/Alcohol 23 Sexual Assault 25 Pornography 24 Promoting Prostitution 29 Medical Neglect (resulting 30 Other - in a physical condition) 11 5. Imminent Risk (DO NOT COMPLETE FOR STUDENT ABUSE) 31 Physical Injury 32 Sexual Abuse or Exploitation B. DESCRIBE THE INJURIESICONDITIONS CHECKED ABOVE RS reported that father brought Anthony to Newport PSP Barracks due to have a visible injury of a black/blue mark on right cheek and faint bruising on the neck. RS said that father stated that Anthony told him that Travis Lilly, mother's paramour did it to him. E N0. 3 Commonwealth of Pennsylvania Department of Public Welfare CY 48 - 6195 III. CPS SERVICES DO NOT COMPLETE FOR STUDENT ABUSE A. WAS CHILD ALLEGEDLY ABUSED WHILE IN A "CHILD CARE SERVICE" (As defined by CPSL.) ? Yes X? No B. WAS CHILD REMOVED FROM THE ALLEGED ABUSIVE SETTING? (Includes move by self, agency, others.) ?X Yes ? No C. WERE LAW ENFORCEMENT OFFICIALS NOTIFIED OF THIS REPORT? (CY 104 sent.) ? Yes ? No D. SERVICES PLANNED OR PROVIDED: (Please check the appropriate blocks. (Abbreviations: PL=Planned, PR=Provided, and PERP=Perpetrator). CHILD PARENT PERP. CHILD PARENT PERP. PLfPR PLIPR PL/PR PUPR PLIPR PUPR X 02 03 04 05 06 Counseling F226 27 281 . Homemaker/Caretaker Services 07 08 09 10 11 12 Referral to Self _Help Group 29 30 31 32 Instruction and Education for Parenthood 13 14 15 16 17 18 Rerv alto Intra-agency ? Emergency Medical Care -1 E 19 X 21 X 23 X Referral to Community F3-4T-3-51 36 37 38 39 Other Services PUPR q0 X Multidisciplinary 42 No Services Planned or Provided Team IV. CASE STATUS A. ? PENDING JUVENILE COURT ACTION (Updated CY 48 required when court action completed) B PENDING CRIMINAL COURT ACTION ? (Updated CY48 required when court C. FOUNDED ( - ecify below) ? D. ? INDICATED (If checked, answer 1, 2, or 3) 1. F-] Medical Evidence 2. ? CPS Investigation 3. Perpetrator ? E. ff]UNFOUNDED PLEASE EXPLAIN IN DETAIL THE BASIS FOR THE CASE STATUS YOU CHECKED AND SPECIFY CRIMINAL ACTION. ?-- CPS investigation did not substantiate allegations of CAM as defined by the CPSL. WAS THERE A RELIGIOUS BASIS FOR CHILD'S CONDITION? (Applicable only if E is checked.) ? Yes ?X No DID THE CHILD DIE AS A RESULT OF THIS INCIDENT OF ABUSEINEGLECT? (Applicable only if C or D is checked).) ? Yes ? No V. FACTORS CONTRIBUTING TO ABUSE COMPLETE FOR FOUNDED OR INDICATED REPORTS ONLY) Please check as many as three factors and rank them in order of relevance ("1" being most relevant). Evidence must exist to confirm the selection of the factor(s) which appears to contribute to abuse. ? SUBSTANCE ABUSE (INCLUDES DRUGS, CHEMICALS, ALCOHOL, ETC.) F] STRESS (DUE TO FINANCIAL PROBLEMS, UNEMPLOYMENT, DIVORCE, ETC.) n MARGINAL PARENTAL SKILLS OR KNOWLEDGE (INCLUDES UNREALISTIC EXPECTATIONS, LIMITED KNOWLEDGE OF CHILDHOOD DEVELOPMENT, ETC) F] VULNERABILITY OF CHILD (DUE TO CHILD'S AGE, PHYSICAL LIMITATION, DEVELOPMENTAL DELAYS, ETC.) F] SEXUAL DEVIANCY OF PERPETRATOR (BASED ON A DIAGNOSIS OR CRIMINAL CONVICTION) ? ABUSE BETWEEN PARENT FIGURES (HISTORY OF FIGHTING BETWEEN PARENTS OR PARENT SUBSTITUTES) F] INSUFFICIENT FAMILY/SOCIAL SUPPORT (SUCH AS FAMILY AND FRIENDS UNAVAILABLE TO HELP WITH FAMILY OR PERSONAL NEEDS) IMPAIRED JUDGMENT OF PERPETRATOR (CAUSED BY PHYSICAL, MENTAL OR EMOTIONAL LIMITATIONS) ? PERPETRATOR ABUSED AS A CHILD COUNTY WHERE ABUSE OCCURRED INVESTIGATING COUNTY CHILDLINE USE ONLY Perry Perry Code HILDLINE WORKER COUNTY AGENCY ER A. Yoder, Laura B. COUNTY AG CY ISOR C. Martzall, Julie D. Date F Completed E. 0 3- 0 1 - 1 1 F. Page 2 Commonwealth of Pennsylvania Department of Public Welfare CY 48 - 6195 a KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: CUSTODY JASON D. GROB, MOTION IN LIMINE r- N) Defendant No. 2008 - 5654 -CIVIL TERAIC -"' -ORDER OF COURT AND NOW, this _ day of March, 2011, upon consideration of the Motion in Limine filed by Mother, IT IS HEREBY ORDERED AND DECREED, that a hearing on the motion is scheduled for Thursday, March 24, 2011, at 9:30 a.m, in Courtroom 1, Cumberland County Courthouse, Carlisle, Pennsylvania. The party in possession of Masiella Grob, and Anthony Grob, shall ensure their attendance at such hearing. IT IS /ny DERED, the County C IdreServices, and sh prodpy of the r Masi la and A, for p rpos the relevance bi lity f such Yoder and Julie Martzall, of Perry all appear o he cord re file I'camera s of anateri anyj above cote and time, of to therein, and FURTHER, shall provide such testimony as the Court may allow. BY THE COURT: J. Wesley Oler, r., Judge Distribution: ,/Philip M. Intried, Esq., 615 North 48th Street, Harrisburg, PA 17111-3625 Thomas M. Clark, Esq., 130 West Church Street, Dillsburg, PA 17019 VMs. Laura Yoder, P.O. Box 123, 112 Centre Drive, New Bloomfield, PA 17068 ?Ms. Julie Martzall, P.O. Box 123,112 Centre Drive, New Bloomfield, PA 17068 'I LP 0 Po KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5654 C'1 C N p JASON D. GROB, CIVIL ACTION - LAW Zrn me :cw '. t rn--, Defendant IN CUSTODY ?n Wr- fV G s O 20 CC7n ' ANSWER TO PLAINTIFF'S 5;X --s MOTION IN LIMINE co 3 „ AND NOW COMES, Jason D. Grob, by and through his attorney, Thomas M. Clark, Esquire, of Colgan & Associates, LLC, and files the instant Answer to Plaintiff's Motion In Limine, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation Father is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, it should be pointed out that on February 2, 2011, the exchange between Father and Mother took place at 1:00 p.m. It was not until 7:19 p.m. that Mother attempted to notify Father of the child's injuries. Mother did not take the child to Holy Spirit Hospital until after 7:19 p.m. It is believed and therefore averred that had there been bruises on the child at the time of the exchange, Mother would not have waited more than 6 hours before taking action in this matter. 0 6. Admitted in part, Denied in part. It is admitted that Mother text messaged Father at 7:19 p.m. It should be noted that Father not responding was due to Father being sick and not immediately reviewing text messages. Given the circumstances, Father in no way would ignore messages such as these. 7. Denied. Father is without sufficient knowledge as to the truth of this averment. 8. Denied. Cumberland County Children and Youth Services were called by Mother against Father. At the time of the filing of this Motion, the caseworker assigned to this case confirmed that the case was being marked Unfounded. 9. Neither Admitted nor Denied. 10. Denied. On February 6, 2011, Father picked up both children from Mother and re- established physical custody. At that time, Father observed bruising to Anthony's eye and other marks. Both children advised Father that Anthony's injuries were sustained at the hands of Travis Lilly, Mother's paramour. Given the children's unsolicited statements, Father had no other choice but to call the authorities. 11. Admitted in part, Denied in part. It is denied that Father maintains that Travis Lilly committed the abuse. It was the children who told Father and several other people that Anthony's injuries were sustained at the hands of Travis Lilly. Father believes that it would be in the best interest of the children, for the children to see a therapist to address this issue and many others. Mother has refused Father's request to have the children see a therapist. 12. Admitted in part, Denied in part. It is admitted that Perry County Children and Youth issued a safety plan in which Mother's rights to custody, with regard to Anthony, were suspended. Father is without the specific knowledge as to the exact details leading up to the safety plan. 13. Denied. The matter was reported to Perry County Children and Youth Services do to the location of Mother's paramour. Since the children told Father and several other people that Anthony's injuries were sustained at the hands of Mother's paramour, it was appropriate for the matter to be reported to Perry County Children and Youth Services. 14. Denied. It is denied that Father declined, without lawful authority, to follow the custody Order. Father was cooperating with both Perry County and Cumberland County Children and Youth Services and took steps to file an Emergency Petition with the Court to get to the bottom of the situation with regard to the injuries to Anthony. Father's goal was and is still today to find the truth behind the injuries. While Children and Youth Services marked the cases as Unfounded, Father believes that it would be in the best interest of the children for them to see a therapist to help with this situation and the ongoing custody situation. 15. Admitted. 16. Denied. It is denied that Father was not clear with the Courts. Father put forth in his Emergency Petition the facts surrounding Anthony's injuries. Father had two children stating that the injuries were due to the actions of Mother's paramour. Until Children and Youth services could investigate the situation, Father felt it in the best interests of the children to protect them. 17. Admitted. 18. Denied. The Order that this Honorable Court issued based on Father's Emergency Petition, was not based on incomplete information. The Court received accurate information from Father, and the Court took the least restrictive measures while the matter was being investigated by Children and Youth Services. 19. Denied. After reasonable investigation, Father is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, Father is concerned about the circumstances under which Mother is questioning Masiella. When Masiella and Anthony make statements to Father, Father in no way tries to tell either of the children what to say. Father has concerns that the children are being put in an impossible position and again, Father believes that a professional, such as a therapist, talking with the children may be in their best interest. 20. Denied. See answer 19. 21. Denied. After reasonable investigation Father is without knowledge or information sufficient to form a belief as to the truth to the averments. If a response is deemed to be required the averments contained herein are denied. 22. Admitted in part, Denied in part. It is admitted that Perry County Children and Youth Services lifted the safety plan allowing Mother to have access to Anthony. It is denied that the safety plan was initiated to deny Mother access, but rather to give Perry County Children and Youth Services time to investigate the allegations. 23. Admitted. 24. Admitted. 25. Denied. The averments in this paragraph contain conclusions to which no response is required. If a response is deemed to be required, averments contained herein are denied. 26. Denied. It is denied that Father urged the children to lie regarding the identity of the perpetrator. The children stated on multiple occasions, to multiple people, the circumstances surrounding the injuries. Father cooperated with Children and Youth Services' investigation. Father requests that this Court allow the children be seen by a therapist to address the surrounding incidents, as well as the stressors of the custody situation. Father would not suggest that the children see a therapist if he had any way tried to lie regarding the identity of a perpetrator. Mother's allegations are baseless. 27. Denied. See answer 26. 28. Denied. The safety plan was put in place so that Mother cannot be around Anthony during the period of investigation with Perry County Children and Youth Services. Father thought it was best to request the same with Masiella. Father believed that if what the children were saying was accurate, giving Children and Youth Services some time to investigate this matter would be appropriate. 29. Denied. It is believed that Children and Youth Services released what was necessary in this case. Perry County Children and Youth Services marked the case Unfounded, as did Cumberland County Children and Youth. Both agencies provided no more or no less than what they would do in any other case. 30. Denied. This paragraph contains averments to which no response is required. If a response is deemed to be required the averments contained herein are denied. By way of further answer, Mother suggests that if Perry County Children and Youth provided their file, it would help to determine whether it is more or less likely that the abuse was committed while in the care or one parent or the other. As stated in a previous answer, both Perry and Cumberland County Children and Youth Services marked the cases as Unfounded. 31. Denied. This averment and paragraph contains conclusions of law to which no response is required. If a response is deemed to be required the averments contained herein are denied. 32. Admitted. 33. Denied. This averment and paragraph contains conclusions of law to which no response is required. If a response is deemed to be required the averments contained herein are denied. By way of further answer, Father leaves it to the Court's discretion to decide whether or not the Court wants to see the children in chambers. Father does have concerns given the children's age and mental state going forward and would request that the Court allow the children to see a therapist. 34. Admitted in part, Denied in part. It is admitted that Attorney Intrieri sought the concurrence of opposing counsel on March 15, 2011. Counsel for Father opposed the Motion. At the time of Attorney Intrieri's request it was unclear as to what exactly he was seeking from the Court. Therefore, Undersigned Counsel had no choice but to oppose with the Motion. As was stated by Attorney Intrieri, this is day three of a custody trial. The situation with Children and Youth Services was marked Unfounded by both Perry County Children and Youth Services and Cumberland County Children and Youth Services. It is believed that Mother wants to turn the remaining portion of the custody trial into a Children and Youth Services matter. While Father has serious concerns given Anthony's injuries and the circumstances surrounding the injuries, Father believes that it is in the children's best interest for the children to see a therapist rather than be put through the stressors of ongoing court battles. Father is hopeful that if Mother is willing to cooperate with therapy, then the children will be better off in the long run. Given the fact that the current hearing date falls on a day when Mother has physical custody, should Mother chose to have the children at the courthouse is within her sole discretion. Respectfully Dated: Zz / By Thomas M. Clark, Esquire Attorney ID #85211 COLG & OCIATES, LLC 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 VERIFICATION I, JASON D. GROB, verify that the statements made in this Answer are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ?? KELLY M. GROB, IN THE COURT OF COMMON PLEAS Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-5654 JASON D. GROB, CIVIL ACTION -LAW Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiffs Answer to Plaintiff's Moiton In Limine upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Philip M. Intrieri, Esquire 615 North 491h Street Harrisburg, PA 17111 C LGAN & SOCIATES, LLC By: Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: KELLY M. GROB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5654 CIVIL ACTION LAW - r n CO M - JASON D. GROB -c IN CUSTODY - DEFENDANT ORDER OF COURT c-n AND NOW, Monday, May 16, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 24, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilro Es q, 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 ?C?r?• e wy and,hPd' / 140 01ark 32 South Bedford Street Carlisle, Pennsylvania 17013 ee4?ef 1 Telephone (717) 249-3166 ?Cq? ,sailed e-7 e-cnt"%A-far 0? FILED-OFFICE OF THE PROTHONOTARY FO11 MAY 20 AM 11:21 CUMBERLAND COUNTY PENNSYLVANIA iNTRIERI & ASSOCIATES 615 North 48'" Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMILaw@verizon.net KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: CUSTODY JASON D. GROG, Defendant : No. 2008 - 5654 - CIVIL TERM PLAINTIFF'S COMBINED RESPONSE TO FATHER'S "PETITION FOR SPECIAL RELIEF TO ADDRESS VACATION ISSUE" AND "MOTION TO COMPEL MOTHER TO PARTICIPATE IN CO-PARENTING COUNSELING" AND NOW, comes the Plaintiff, Mother Kelly Grob, by and through her attorney, Philip M. Intrieri, Esq., who files this Memorandum Response to the issues above-presented, insofar as a memorandum is best suited to secure the just, speedy and inexpensive determination of the actions, and in consideration of the fact that these matters have been referred to conciliation, and in support of Mother's position, states as follows: MEMORANDUM RESPONSE This matter began when the Court entered a temporary custody arrangement by order dated December 17, 2008. This order decreed shared legal custody of children Masiella and Anthony, and shared physical custody on a "three days on, four days off" basis, designed to fit Mother's work schedule. Since that time Father has presented us with five different emergencies and special matters. On December 4, 2009, he filed for modification of the above order asserting a right to primary physical and sole legal custody. This matter underwent two unsuccessful conciliations. After Mother was somehow designated the "moving party", this has proceeded to trial and is now pending a third day of hearing. Father then produced a second matter. Father continued to live in the marital home while Mother relocated to Newport PA. Father completely exhausted the equity in the house by failing to pay the mortgage for some two years. He decided he could save the house if only Mother would deed it to him for no compensation for the equity wasted. This was presented by way of special petition, which the Court denied. Father has never taken responsibility for failing to preserve this asset. More to the point, by the time the case was placed before the Master on economic issues he had saved some $34,000 in living expenses, while Mother was relegated to an apartment in Perry County at a much reduced standard of living. As of this writing, Father continues to deny Mother even token compensation for rental credits and counsel fees, pleading to the Master he has no money. Father then produced a third emergency. After Mother noticed neck bruising on son Anthony and took him for medical care, Father filed an emergency petition to completely terminate Mother's periods of partial custody. In that petition, filed February 17, 2011, Father pointed to Mother's boyfriend, Travis Lilly, as the perpetrator of the abuse. This put both Mother and Mr. Lilly through a harrowing series of events, including police interviews and culminating in the administration of voluntary polygraph examinations, which both passed. Moreover, daughter Masiella later told a Perry County Children and Youth caseworker that Father urged both children to lie and say that Mr. Lilly committed the abuse. On March 1, 2011, Perry classified the allegation against Mr. Lilly as unfounded. The circumstances of this allegation of child abuse will be centrally relevant in the custody trial continuation, currently scheduled before The Honorable J. Wesley Oler on July 11, 2011. If it is determined that Father advanced a false report in order to gain an advantage in custody proceedings, this will be probative on multiple bases. We now have before us Father's fourth and fifth crises. If it demonstrates anything, aside from an over-enchantment with the word 'special', it is clear that Mother is litigating on an uneven playing field. While Father through counsel continues to deny any ability to compensate Mother for her attorney fees, he apparently has the ability to constantly pelt Mother with petition after petition. While Mother has offered an essentially even-handed custodial arrangement which would settle the matter, Father instead has over-extended this litigation and run up the costs to the point of driving an immovable wedge between the parties. During the pendency of these proceedings, while claiming poverty, Father has been cited and paid finestfees for assaulting Mother, providing alcohol to minors, having sex in the Walmart parking lot and fleeing and eluding police. Father now appears and proudly trumpets that he can now "afford to take the children" on a luxury nine day vacation to Florida. Aside from the earlier lack of candor regarding his financial status, and his misperception of life's priorities evident in this statement, there are real difficulties with his proposal. First, he cites no statute or case law that would even begin to be helpful to the Court or opposing counsel in analyzing the question presented. Second, it is counter to Judge Oler's temporary order, which mandates the parties must share son Anthony's birthday. This vacation was proposed well enough in advance, that Father had to have known he was attempting to monopolize this day. Third, the timing of this vacation is particularly troublesome, mere weeks before the 2. children may have to be examined in camera regarding the alleged false report of abuse. We may never reach the truth of the matter regarding who caused Anthony's neck injuries. However, the following can not be disputed: As between the parties, only Father has a demonstrated history of abuse issues which included choking and smothering, and further, neither Father nor any member of his extended family have volunteered to undergo polygraph testing. To deprive Mother of partial custody for a full nine day span deprives her of her ability to observe their physical well-being and act if further injury occurs. We turn now to Father's motion to force Mother to participate in co- parenting counseling. We note again he cites no law helpful in determining the issue. We will point out that the original understanding of the parties was to locate a service geographically convenient to Mother, or perhaps in between Father and Mother. Mother has stated, in her own words, that since her unemployment benefits have been exhausted, and the recent birth of her third child, that traveling an hour each way to Harrisburg is a clear hardship. Further she already has the children enrolled in services in Pent' County, and has sought parenting counseling on an individual basis. Mother is protected from contact with Father through an active PFA order. Therefore, she is attempting to follow the spirit of the agreement in good faith while understandably avoiding contact with Father. Considering Father's actions as detailed above, there is a limit to the efficacy of further counseling. And while the undersigned is of the opinion that counseling with both parties in the same room might someday make a difference, this decision is ultimately up to the client, absent presentation of necessitous and compelling reasons to issue an order. For the above reasons, Father's fourth and fifth special petition and motion should be denied. rfy 2- Date Respectfully submitted, Philip M. Intrieri, Esq. Attorney for Plaintiff 3. INTRIM & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attomey I. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE 1, Philip M. Intried, Esq., do hereby certify that on May , 2011, 1 served a true and correct copy of the foregoing PLAINTIFF'S RESPONSE, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Thomas M. Clark, Esq. E. Robert Elicker, 11 Colgan Marzzacco, LLP Master in Divorce 130 West Church Street, Suite 100 9 North Hanover Street Dillsburg, PA 17019 Carlisle, PA 17013 Hubert X. Gilroy, Esq. Custody Conciliator 10 East High Street Carlisle, PA 17013 May 119 , 2011 le Philip M. lntrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48" Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 KELLY M. GROB, Plaintiff VS. JASON D. GROB, Defendant Prior Judge: The Honorable J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI A- c -' CIVIL ACTION - LAW M03 c_ 7r NO. 2008-5654 70 IN CUSTODY "` r -4 CD w l,. T, -^ - F .J. / 7-1 COURT ORDER AND NOW, this (> L day of June, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Custody Order entered in this case on August 4, 2010, as modified by Order of Court dated March 24, 2011, is further modified as follows: In the event the parties, through their legal counsel, agree upon a counselor to do co- parenting counseling and also agree with respect to the payment on those counseling sessions, the parties shall participate in co-parent counseling to the extent as determined by the counselor. 2. Father shall have custody of the minor children for purposes of a vacation with his family from Friday, June 10, 2011, at no later than noon until the evening of Sunday, June 19, 2011. 3. Mother shall have the ability to exercise a similar 9 day vacation period of time with the minor children which may be before or after the custody hearing scheduled on July 11, 2011. However, mother, through her counsel, must notify father's attorney on or before June 22, 2011, if she intends to exercise that vacation time prior to the July 11, 2011, hearing and, if said vacation will be exercised after the July 11 hearing, mother shall give father's attorney at least 20 days notice. BY THE COURT, I // 'lei Vesley Oler?r., J Opie,, t? cc: Philip M. Intreiri, Esquire `I Thomas M. Clark, Esquire (p'71p KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The parties have a hearing before Judge Oler on July 11, 2011, which is the third custody hearing in this case. However, pending before the Court is a Petition for Special Relief to address vacation issues and a Motion to Compel participation in co- parenting counseling. 2. The Conciliator conducted a telephone conference with the attorneys for the parties on the Friday, May 27, 2011, and allowed each attorney to state their position. The Conciliator also reviewed the memorandums, correspondence and pleadings filed in this matter. Based upon that review, the Conciliator recommends an Order in the form as attached. Date: June o? , 2011 Hubert Gilroy, Esquire Cunto Conciliator KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF? Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON D. GROB, IN CUSTODY Defendant 08-5654 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of July, 2011, upon consideration of Defendant's Petition for Modification of Custody, Defendant's Emergency Petition for Custody Modification, and Plaintiff's Motion In Limine, and following a hearing at which Defendant's Emergency Petition for Custody Modification was withdrawn, and the other petitions or motions remaining at issue, and pursuant to an agreement of counsel and the parties reached in open court, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Defendant/father. 3. Partial physical custody of the children shall be with the Plaintiff/mother, at the following times: All alternating weekends from Friday at 9:00 a.m. through Sunday at 6:00 p.m., each week from Tuesday at 5:00 p.m. through Thursday at 8:00 p.m. 4. The parties will consult with counsel regarding a holiday schedule and a vacation schedule, and both counsel will submit a holiday/vacation schedule within 30 days of today's date to the Court in the form of a stipulation. Should the parties not agree to a permanent vacation/holiday schedule, then the attorneys for the parties agree to consult with the custody conciliator, Hubert X. Gilroy, to give guidance on a final holiday/vacation schedule. 5. The school district of the children shall be where Defendant/father resides. 6. Exchange of custody shall be at the East Pennsboro Library. 7. The non-custodial parent shall enjoy reasonable telephone contact with the minor children on generally an every other day schedule with the custodial parent to initiate the phone call so that the children can talk to the non-custodial parent. By the Court, r Philip M. Intrieri, Esquire 615 N 48th Street Harrisburg PA 17113625 For the Plaintiff ? Thomas M. Clark, Esquire 130 West Church Street, STE 100 Dillsburg, PA 17019 For the Defendant oKh MCO te ? r -- ? r r? m oQ T Q ss. J P I pcb KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON D. GROB, IN CUSTODY Defendant 08-5654 CIVIL TERM IN RE: WITHDRAW DEFENDANT'S EMERGENCY PETITION FOR CUSTODY AND MODIFICATION ORDER OF COURT AND NOW, this 11th day of July, 2011, pursuant to a motion of Defendant's counsel, the Defendant's Emergency Petition for Custody Modification is deemed withdrawn. ? Philip M. Intrieri, Esquire 615 N 48th Street Harrisburg PA 17113625 / For the Plaintiff ? Thomas M. Clark, Esquire 130 West Church Street, STE 100 Dillsburg, PA 17019 For the Defendant pcb ice` z? ?'- ern By the Court, Defendant DEFENDANT'S PETITION FOR CIVIL CONTEMPT FOR VIOLATION OF CUSTODY ORDER p c- ? C N AND NOW COMES, Jason D. Grob, by and through his attorney, Thomas M. Clark, KELLY M. GROB, Plaintiff VS. JASON D. GROB, Esquire, of Colgan & Associates, LLC, and files the instant Petition for Contempt for Violation of Custody Order, and in support thereof, avers as follows: 1. The Petitioner/Defendant is Jason D. Grob (hereinafter referred to as "Father"), who currently resides at 204 Herman Avenue, Lemoyne Pennsylvania 17043. 2. The Respondent/Plaintiff is Kelly M. Grob (hereinafter referred to as "Mother"), who currently resides at 402 Mahoney Valley Drive, Duncannon, Perry County, Pennsylvania. 3. The parties are the parents of the following children: Masiella M. Grob, born on March 26, 2005; and Anthony J. Grob, born June 14, 2007. 4. On July 11, 2011, This Honorable Court issued an Order (Attached hereto as Exhibit "A') providing that the parties have shared legal custody and Father has primary physical custody of the minor children. 5. Mother is willfully failing to abide by the Order dated July 11, 2011, by keeping the children during Father's periods of custody. 6. On August 21, 2011, Mother failed to turn over the children per the Custody Order. *70.00 PO C* 47Ga e,gO 133 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5654 rrn c r, CIVIL ACTION - LAW y ? o° IN CUSTODY rte- CDC") ?' 7. On August 21, 2011, Mother made it clear, that despite the current Custody Order, she will not turn over the children. 8. Father has made Mother aware of the fact that he has no other option, but to seek relief from the Court. 9. Undersigned Counsel contacted Mother's attorney urging Mother to comply with the Custody Order. 10. Father believes and therefore avers that Mother should be held in contempt for her willful violation of the Custody Order. WHEREFORE, Plaintiff respectfully requests This Honorable Court hold Mother in contempt of court and order as follows: 1. Mother to be adjudicated in contempt of Court; Il. Mother pay costs and reasonable attorneys, fees; and III. Such other further relief be granted as this Honorable Court deems just and proper. By: Re pect '1 submitted, Thomas M. Clark ID #85211 130 West Church Street Dillsburg, PA 17019 Date: g 2 (717) 502-5000 EXHIBIT A KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF? Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JASON D. GROB, Defendant CIVIL ACTION - LAW IN CUSTODY 08-5654 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of July, 2011, upon consideration of Defendant's Petition for Modification of Custody, Defendant's Emergency Petition for Custody Modification, and Plaintiff's Motion In Limine, and following a hearing at which Defendant's Emergency Petition for Custody Modification was withdrawn, and the other petitions or motions remaining at issue, and pursuant to an agreement of counsel and the parties reached in open court, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Defendant/father. 3. Partial physical custody of the children shall be with the Plaintiff/mother, at the following times: All alternating weekends from Friday at 9:00 a.m. through Sunday at 6:00 p.m., each week from Tuesday at 5:00 p.m. through Thursday at 8:00 p.m. 4. The parties will consult with counsel regarding a holiday schedule and a vacation schedule, and both counsel will submit a holiday/vacation schedule within 30 days of today's date -o the Court in the form of a stipulation. Should the parties not agree to a permanent vacation/holiday schedule, then the attorneys for the parties agree to consult with the custody conciliator, Hubert X. Gilroy, to give guidance on a final holiday/vacation schedule. 5. The school district of the children shall be where Defendant/father resides. 6. Exchange of custody shall be at the East Pennsboro Library. 7. The non-custodial parent shall enjoy reasonable telephone contact with the minor children on generally an every other day schedule with the custodial parent to initiate the phone call so that the children can talk to the non-custodial parent. By the Court, Philip M. Intrieri, Esquire 615 N 48th Street Harrisburg PA 17113625 For the Plaintiff J. Wesley Oler, qr, , ?`,7 . / 1 ^homas M. Clark, Esquire 130 West Church Street, STE 100 Dillsburg, PA 17019 For the Defendant pcb C) rn tr ..rri c-... rat i V'i? -Ural TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seat of sold Co t Carlisle, Pa. ?Thls day ZA of , 20 ? Prothonotary KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW JASON D. GROB, IN CUSTODY Defendant 08-5654 CIVIL TERM IN RE: WITHDRAW DEFENDANT'S EMERGENCY PETITION FOR CUSTODY AND MODIFICATION ORDER OF COURT AND NOW, this 11th day of July, 2011, pursuant to a motion of Defendant's counsel, the Defendant's Emergency Petition for Custody Modification is deemed withdrawn. By the Court, Philip N,. Intrieri, Esquire 615 N 48th Street Harrisburg PA 17113625 For the Plaintiff Thomas M. Clark, Esquire 130 West Church Street, STE 100 Dillsburg, PA 17019 For the Defendant pcb C f "iCo rl xj c_ c f" U {7) f _ . 7.7 t' CJ :r.: -s1 VERIFICATION I, JASON D. GROB, verify that the statements made in this Petition 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. r Date: ASON D. GROB, Petitioner KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-5654 JASON D. GROB, CIVIL ACTION -LAW Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of the instant Motion upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Philip M. Intrieri, Esquire 615 North 49th Street Harrisburg, PA 17111 CO By: TES, LLC Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: Y'" ?S " /` F iZ PRO'""O AMY 201I AUs 29 AM 9.4 8 CUMBER AND ArJUA TY PENN ' INTRIERI & ASSOCIATES 615 North 4e' Street Harrisburg, PA 17111-3625 (717) 564-6969 Atty. I.D.: 76117 PMILaw@verizon.net KELLY M. GROB, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION: DIVORCE ! CUSTODY JASON D. GROB, / Defendant No. 2008 - 5654 - CIVIL TERM No. 2008 - 6393 - CIVIL TERM PETITION TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW, comes Plaintiff's attorney, Philip M. Intrieri, Esq., who files this Petition for Leave of Court to Withdraw His Appearance in the above-captioned matters, pursuant to Pa. R.C.P. 1012, and the Rules of Professional Conduct, and in support thereof states as follows: 1. Plaintiff in the subject actions is Kelly M. Grob, an adult individual, who resides at 402 Mahanoy Valley Road, Apt. B, Duncannon, PA 17020. 2. With regard to the Divorce action, Plaintiff is scheduled for a Master's hearing on economic issues on September 15, 2011. The divorce itself is uncontested. 3. With regard to the Custody action, litigation has been extensive and was concluded with an in-court settlement on the third day of trial on July 11, 2011. Father received primary physical custody of the couple's two children. 4. At the above custody trial a prime issue of contention was an allegation of physical abuse, about which Mother blamed Father and Father blamed Mother's boyfriend. 5. At the above custody trial daughter Masiella tested credibly that the perpetrator was Mother's boyfriend. 6. On or around August 21, 2011, Plaintiff-Mother took unilateral action to withhold custody from Father, again due to similar allegations of abuse. This action was taken in the absence of advice from the undersigned counsel. 7. Mother is now pending, and may have to defend a citation for contempt of the custody order. 8. The undersigned counsel asserts the following grounds for withdrawal: a) Pa. R.P.C. 1.16(a)(5): The plaintiff has defaulted substantially on certain obligations she has accrued. The details of such default are privileged, but will be disclosed should This Honorable Court so direct. b) Pa. R.P.C. 1.16(a)(6): The representation has been rendered unreasonably difficult by the client, and will result in an unreasonable financial burden on the undersigned. c) Pa. R.C.P 1.16(a)(1): Continued representation could result in a violation of the Rules of Professional Conduct, by way of advocacy of a certain position in violation of a lawful and settled Order of This Court. 2. 9. While there is no current judicial assignment for the divorce matter, the Honorable J. Wesley Oler, Jr., has had extensive involvement with the custody action. 10. The Plaintiff was notified of counsel's probable withdrawal on August 23, 2011, and thus has the opportunity to obtain new counsel. 11. WHEREFORE, the undersigned counsel requests leave from This Honorable Court to terminate his representation of the Plaintiff in the above- captioned matters. 02,-1 / Date Respectfully submitted, Philip M. Intrieri, Esq. Attorney for Plaintiff 3. INTRIERI & ASSOCIATES Philip M. Intrieri, Esq. 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attorney I. D. # 76117 PMILaw@verizon.net CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on August r 2011, 1 served a true and correct copy of the foregoing PETITION TO WITHDRAW, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Ms. Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 August Z_2011 /s/Phib M. Intrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48th Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA V. CIVIL ACTION - LAW C) M CD JASON D. GROB, NO. 08-5654 CIVIL TERM cnr-- ,M Defendant NO. 08-6393 CIVIL TERM r-X ^' CD , c-y ss 3 C:>-n -ry IN RE: PETITION TO WITHDRAW AS PLAINTIFF'S COUNSI Q C ORDER OF COURT ' AND NOW, this ls` day of September, 2011, upon consideration of the Petition To Withdraw as Plaintiffs Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. ? Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 Plaintiff Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant Philip M. Intrieri, Esq. 615 North 48 h Street Harrisburg, PA 17111-3625 Ma+led 4i'r /a/ 9 DKB :rc BY THE COURT, r-? IN THE COURT OF COMMON PLEAS OF -`1 KELLY M. GROB PLAINTIFF CUMBERLAND COUNTY, PENN SYLVAN IN,C `-? + r'• V. 2008-5654 CIVIL ACTION LAW JASON D. GROB IN CUSTODY =°= DEFENDANT ORDER OF COURT AND NOW, _ Thursday, September 08, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 22, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, 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 Teleohone (717) 249-3166 V/00d, 00 ma,l?d IPA- Cla?? . ?? its l eW ?r?'e?? ,/ ?y /aced ?n ??V6 y's ?ill- FILED - OFFICE- F THE PROTHONOTAR Z6I I SEP 12 AM 11: 2 9 INTRIERI & ASSOC&Y ERLANO COUNTY Philip M. Intried, Esq. 04NNSYLVANIA 615 North 48th Street Harrisburg, PA 17111-3625 (717) 564-6969 Attomey I. D. # 76117 PMILaw@vedzon.net c? - s6 r e CERTIFICATE OF SERVICE I, Philip M. Intrieri, Esq., do hereby certify that on September 6 , 2011, 1 served a true and correct copy of the attached ORDER and RULE TO SHOW CAUSE, by causing the documents to be deposited in the United States Mail, first class postage, pre-paid, to the following: Ms. Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 Thomas M. Clark, Esq. Colgan Marzzacco, LLC. 130 West Church Street Dillsburg, PA 17019 September G .2011 /s1 Philiu M. lntrieri Date Philip M. Intrieri, Esq. Attorney At Law 615 North 48th Street Harrisburg, PA 17111 (717) 564-6969 Atty. ID # 76117 KI I:LY M. (iROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL, ACTION - LAW JASON D. GROB, NO. 08-5654 CIVIL TERM Defendant NO. 08-6393 CIVIL. TERM IN RF,: PETITION TO WITHDRAW AS PLAINTIFF'S COUNSEL, ORDER OF COURT AND NOW, this I" day of September, 2011, upon consideration of the Petition To Withdraw as Plaintiffs Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. Kelly M. Grob 402 Mahanoy Valley Road Apt. B Duncannon, PA 17020 Plaintiff Thomas M. Clark, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorriev for L)cfeiidaiit Philip M. Intrieri, Esq. '/615 North 48`h Street Harrisburg, PA 1711 1-3625 : rc BY THE COURT, IL KELLY M. GROB, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION: CUSTODY 1 DIVORCE JASON D. GROB, n Defendant No. 2008 - 5654 - CIVIL TERM .0Z ti r No. 2008 - 6393 - CIVIL TERM rn co " -"= rn -n =i Cn o° ORDER OF COURT" W AND NOW, this day of , 2011, upon consideration of the Petition of Plaintiff's attorney to Withdraw His Appearance in this case, and hearing no objection from the parties after issuance and service of the Rule to Show Cause, IT IS HEREBY ORDERED AND DECREED that Leave of Court is hereby granted to Philip M. Intrieri, Esq., to withdraw his representation of the Plaintiff in the above-captioned matters. BY THE COURT: M? Distribution: Q-7 1 Philip M. Intrieri, Esq., 615 North 48th Street, Harrisburg, PA 17111-3625 OW ,,'Ms. Kelly M. Grob, 402 Mahanoy Valley Road, Apt. B, Duncannon, PA 17020 "Thomas M. Clark, Esq., 130 West Church Street, Suite 100, Dillsburg, PA 17019 S KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYVANIA a ZE = --4 vs. CIVIL ACTION - LAW t' - rrl ° ``' --' : =7:0 JASON D. GROB, NO. 2008-5654 <= cn Defendant IN CUSTODY mr, Prior Judge: The Honorable Albert H. Masland COURT ORDER AND NOW, this __?I??day of October, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the 28 day of November, 2011 at 2:30 p.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and opposing counsel/party a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least six days prior to the mentioned hearing date. 2. The hearing above will address father's Petition for Contempt. In the event any other issues are raised, those issues will be addressed as allowed by the Court subject to the time limitations of the hearing scheduled above. Once mother retains legal counsel, mother's attorney shall contact father's attorney in an effort to discuss and possibly resolve the issues in this case. If both attorneys agree, they may contact the Custody Conciliator who may, as appropriate, schedule either another Custody Conciliation Conference or submit a proposed order to this Court to address the issues between the parties. BY THE COURT, cc: Albert H. Masland, Judge ' A j(eJ Thomas M. Clark, Esquire cps, I"' I? -,"Ms. Kelly M. Grob ?? 1?/ _ 0 KELLY M. GROB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JASON D. GROB, NO. 2008-5654 Defendant IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This is a Petition for Contempt filed by the father. Mother currently does not have counsel, but the father wants to move this forward as the parties have been unable to agree on a variety of issues. 2. This case was originally scheduled with Judge Oler, but he is no longer taking hearings. The Conciliator consulted with Judge Masland and Judge Masland is willing to accept this case on his schedule for a November 28, 2011, hearing. 3. The Conciliator recommends an Order in the form as attached. Date: October, 2011 Hubert X. Gilroy Custody Concilj? KELLY M. GROB, Respondent VS. JASON D. GROB, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5654 : CIVIL ACTION - LAW : IN CUSTODY t-r;' 7a cn r' r I 7% Co AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this day of p (1 l , 2012, Kelly M. Grob of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") and Jason D. Grob of Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor children, Masiella M. Grob, born in 2005 (age 7); and Anthony J. Grob, born in 2007 (age 4) desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS, Plaintiff is the natural mother of said minor children; and WHEREAS, Defendant is the natural father of said minor children; and WHEREAS, no party is charged with or has been convicted of an offense enumerated in 23 Pa.C.S. §5329, or an equivalent offense in another jurisdiction; and WHEREAS, the parties, having reached an agreement regarding custody, are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a Court Order. NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father, intending to be legally bound, do agree as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. ,--) ---4 ? T, b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding their children's enrollment or termination in a particular school or school program, and advancing or holding their children back in school. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e- mail, whichever means is most appropriate for the matter. i. If the parents are unable to agree, they shall follow the procedures set forth in Paragraph 16 of this Stipulation/Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall, to the extent possible, avoid contact with such individuals of poor character. It sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of their children. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children is/are trying to desperately cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. The parents shall, at all times, consider the children's best interests, and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. C. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite to major events in the children's lives, including but not limited to graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children is/are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their children's birthdays. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchange they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: Until the start of the 2012-2013 school year, the parties shall exercise custody based on the schedule outlined in the Order of Court dated November 28, 2011. At the start of the 2012- 2013 school year and thereafter, the parties shall exercise custody, in accordance with the following schedule (two week rotations): t WEEK 1 Sunday evening (6:00 p.m.) - Friday Father evening (6:00 p.m.) Friday evening (6:00 p.m.) - Sunday Mother evening (6:00 p.m.) WEEK 2 Sunday evening (6:00 p.m.) - Friday Father evening (6:00 p.m.) Friday evening (6:00 p.m.) - Sunday Father evening (6:00 p.m.) WEEK 1 Sunday evening (6:00 p.m.) - Friday Mother evening 6.00 .m. Friday evening (6:00 p.m.) - Sunday Father evening 6:00 .m. WEEK 2 Sunday evening (6:00 p.m.) - Friday Mother evening 6.00 .m. Friday evening (6:00 p.m.) - Sunday Mother evening 6.00 .m. Summer months shall begin on the first Friday following the last day of school (and if Friday is the last day of school, then the following Friday) to the evening which begins a full week preceding the first day of school. a. Summer vacation: Each parent shall have custody for one (1) seven (7) day period of vacation and one (1) ten (10) day period of vacation during the children's summer vacation upon providing the other parent with at least thirty (30) days advance written notice. The period of vacation for each parent is not to be run consecutively (i.e. a parent will not be able to take his/her vacation back-to-back). The parties' weeks shall incorporate their regularly scheduled weekend. In the event of a scheduling conflict, the parent first to notify the other of his or her plans shall prevail. A party may enjoy one of these two periods in a timeframe outside of the summer vacation, (e.g., during an extended fall or spring break from school). If that is desired, he or she will provide the other parent at least thirty (30) days advance written notice. d. Holidays: The parties shall alternate custody on holidays including Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Easter. Custody of these holidays shall be exercised from 9:00 a.m. until 6:00 p.m. The alternating schedule shall begin with Father having Memorial Day 2012 and Mother having Fourth of July 2012 and alternating thereafter. During Christmas in even-numbered years, Mother shall have custody of the children from noon on Christmas Eve until noon on Christmas Day and Father shall have custody from noon on Christmas Day until noon on December 26. In odd-numbered years, the schedule shall be reversed. e. The children will spend Mother's Day and Father's Day with the appropriate party from 9:00 a.m. until 6:00 p.m. f. The periods of partial custody for holidays, vacations and other special days set forth shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously. Holidays and other special days for custody set forth take precedence over vacations. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. C. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. 6. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor children. g. If a parent finds themselves unable to keep an appointed exchange time or other appointment for the children, they should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the children both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. Transportation: a. All exchanges of custody shall be at the East Pennsboro Library. b. Both parents shall ensure that the children use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize friendships, extracurricular activities, and household in which they reside. ways for their children to maintain their other special interests, regardless of which b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing babysitting/child- care providers. Each parent has the right of veto over child-care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their children spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the children. 11. Safe : a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children. C. When a child is S years of age the parents shall enroll the children in a school-based or other program to educate and empower the child and to protect him or her from sexual abuse and exploitation and victimization. 12. Illegal Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. b. The parties are cautioned to consider the fact that any text, email or written communication may be presented to the court as evidence and they should ask themselves before clicking send "Do I want a Judge to read this?" 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional, mental, physical status and/or developmental milestones. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 15. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. Co-Parenting Counseling: The parents shall continue in co-parenting counseling to enable them to better co-parent their children in accordance with this Stipulation/Order. C. The parents shall continue to enroll their children in private individual counseling or psychotherapy to maintain their optimum mental health. 16. Modifications or Disputes About this Stipulation/Order: a. The terms of this Stipulation/Order may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the children. C. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their children. d. Seminar for Families in Conflict: If the parents cannot agree, upon the written request of one parent, both parents and their paramour or other adult who has a significant relationship with their children, they shall make arrangement through counsel to attend a separated parent educational seminar. e. Mediation: Any proposed changes to this Stipulation/Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Stipulation/Order and any alleged breaches of this Stipulation/Order shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement (NDS at 233-8255). f. Parenting Coordination: If a dispute about the practical application of this Stipulation/Order cannot be resolved through mediation, the parents may request the appointment of a Parenting Coordinator under separate Order. 17. Contempt: a. Certain rules of conduct set forth in this Stipulation/Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Stipulation/Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Stipulation/Order. WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody voluntarily and after the opportunity to consult with their respective counsel. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. G Kell . rob Lt- IS - i D, (3 xzs?- Witness Witness KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-5654 JASON D. GROB, : CIVIL ACTION - LAW Petitioner : IN CUSTODY ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION AS ORDER OF COURT AND NOW, to wit, this j,5, day of F? f 2012, the parties in the above referenced action do hereby agree that the attached S ipulation shall be entered as an Order of Court. Kelly A4. qro, Witness Witness ' 0 E r? FI r ai ' pr?f" t i^y 14 7 ? ?r .o . KELLY AV ? ? s Ef 11:'a CUUi?,{ i EPINS le dent VS. JASON D. GROB, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5654 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO FILE LETTER OF CONSENT TO THE PROTHONOTARY Please file the attached Letter of Consents in the above captioned matter. By: Respectfully sbmi%-d, / t COLGAN ASSOCIATES, LLC Thomas M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: 41_ Zc; - ; ' Letter of Consent give my consent that Masiella ? Marie Grob (03/26/2005) and Anthony Jason Grob (06/14/2007), are able and allowed to be left alone in the care of Brenda Glenn. Brenda Glenn will be the children's care giver while mother is at work during the week. Brenda Glenn resides at 6031 Allenview Drive, Apartment E. Mechanicsburg, Pennsylvania 17055. , A.?O n b - 6 rob (Print N e) (Signature) (Date) (Date) Letter of Consent I, - 6KOb give my consent that Masiella Marie Grob (03/26/2005) and Anthony Jason Grob (06/14/2007), are able and allowed to be left alone in the care of Samantha Carl. Samantha Carl will be the children's care giver while mother is at work during the week. ,,,? Cu V? l?. Ecro? (Print Name) ( ignatare) (Date) WP ame) Si ) yes is (Date) Letter of Consent I, C Ya give my consent that Masiella Marie Grob (03/26/2005) and Anthony Jason Grob (06/14/2007), are able and allowed to be left alone in the care of Travis Lilly. I acknowledge that by signing this, I am modifying Section 1_ subsection A _ of the current custody order dated 12/01/2011. (Print e) (Signature) (Date) e l Cry (Print Name) (Si ) 'til-/S- /j (Date) Letter of Consent I, /12//,, gc give my consent that Masiella Marie ob (03/26/2005) and Anthony Jason Grob (06/14/2007), are able and allowed to be left alone in the care of Kelly Ridgway. I acknowledge that by signing this, I am modifying Section i i subsection A_ of the current custody order dated 12/01/2011. /SP// 129 Ciro (Prin ame) P,o (Signs e) (Date) D - YG?j (Date) Letter of Consent I, 11Z 129 give my consent that Masiella Marie Gro (03/26/2005) and Anthony Jason Grob (06/14/2007), are able and allowed to be left alone in the care of Kelly Ridgway. I acknowledge that by signing this, I am modifying Section J1 subsection A of the current custody order dated 12/01/2011. l Z2 6r06 _ (Print Name) o46 (Si e) (Date) So n t) , C9iah ate) (Sig" (Dare) r KELLY M. GROB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-5654 JASON D. GROB, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES xW AND NOW, to wit, this day of Aa 2012, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated , 2012, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: Kelly M. Grob, Pro se 93 Regency Woods North Carlisle PA 17015 V Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 For Defendant J. n = -?, rnw 7? -2i rte) u1 -"? rn r" ?' N ??T t