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HomeMy WebLinkAbout09-1417Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Faller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com ERIC M. GROFF V. JENNIFER S. GROFF Defendant COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, Eric M. Groff, by his attorneys, Purcell, Krug & Haller, and files the following Custody Complaint: 1. The Plaintiff is Eric M. Groff, an adult individual who currently resides at 23 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Jennifer S. Groff, an adult individual who currently IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- Plaintiff IN CUSTODY CIVIL ACTION - LAW resides at 19 Annette Drive, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth/Age Logan H. Groff 19 Annette Drive Enola, PA 17025 DOB: 12/28/2000 Connor T. Groff 19 Annette Drive Enola, PA 17025 DOB: 06/05/2002 4. The children were not born out of wedlock. 5. The children are presently in the primary custody of Plaintiff, Jennifer S. Groff who currently resides at 19 Annette Drive, Enola, Pennsylvania. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Eric M. Groff & Jennifer S. Groff Address 19 Annette Drive Enola, PA 17025 Dates Birth -11/2008 Jennifer S. Groff 19 Annette Drive Enola, PA 17025 11/2008 - Present 7. The mother of the children is Defendant, Jennifer M. Groff, who currently resides at 19 Annette Drive, Enola, Pennsylvania. She is married. 8. The father of the children is Plaintiff, Eric M. Groff, who currently resides at 23 Hazelwood Path, Mechanicsburg, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Name Relationship Elizabeth Ruopp Friend 10. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following persons: Name Relationship Logan H. Groff Son Connor T. Groff Son Matthew D. Wendel-Smith Son a 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. 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. 14. The best interests and permanent welfare of the children will be served by granting the relief requested. WHEREFORE, Plaintiff requests the Court to grant him shared physical and legal custody of Logan H. Groff and Connor T. Groff. PURCELL, KRUG & HALLER By: Nichi'fe 'Stale Orman, Esquire ID #789 1719 North Front treet Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: 31s?69 3 VERIFICATION I, Eric M. Groff , hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ? Eric M. Groff Date: 4 3 01 J U 1 v l t? tf ? rte" .{ J Uli Po ERIC M. GROFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1417 CIVIL ACTION LAW JENNIFER S. GROFF IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 17, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. G11to Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 9- J?S`Nr'j AWL-., ,;,? u I ' 3A ; o , {T ERIC M. GROFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JENNIFER S. GROFF, NO. 2009-1417 Defendant IN CUSTODY COURT ORDER AND NOW, this a3'?day of April, 2009, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. S of the Cumberland County Courthouse on the Qq?''day of , 2009 at : &m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, 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, the following TEMPORARY Custody Order is entered: A. The father, Eric M. Groff, and the mother, Jennifer S. Groff, shall enjoy shared legal custody of Logan H. Groff, born December 28, 2000, and Connor T. Groff, born June 5, 2000. B. Physical custody shall be handled consistent with the existing schedule which is father having custody on alternating weekends from Friday after school through Sunday at 8:00 p.m. and three evenings per week from after school until approximately 8:00 p.m. Mother shall have physical custody the other times when the children are not with the father. 5 i C .C Wd U M 60OZ 3. In the event either party desires to have any type of evaluation conducted by a professional in advance of the hearing scheduled above and that party is willing to pay the costs of the evaluation, the other party shall cooperate in the evaluation. However, the evaluator shall conduct an independent evaluation under those circumstances and share the results of the evaluation with counsel for both parties. 4. The parties are directed to attend co-parenting classes at an agency as agreed upon by legal counsel for the parties. Additionally, the parties shall cooperate in facilitating both children having their own personal counseling sessions to address any issues the children may be experiencing at this time. 5. In the event a permanent custody order is not entered prior to summer vacation time, each parent shall be entitled to at least two weeks of vacation with the minor children subject to the parents giving each other reasonable notice of at least thirty days as to when they intend to exercise the vacation. BY THE COURT, Judge cc: ? • le M. Staley O'Gorman, Esquire Michelle Sommer, Esquire (20F 1es frul I &Z L -.mil ERIC M. GROFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JENNIFER S. GROFF, NO. 2009-1417 Defendant 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: Logan H. Groff, born December 28, 2000, and Connor T. Groff, born June 5, 2002. 2. A Conciliation Conference was held on April 17, 2009, with the following individuals in attendance: The father, Eric M. Groff, who appeared with his counsel, Nicole M. Staley O'Gorman, Esquire, and the mother, Jennifer S. Groff, with her counsel, Michelle Sommer, Esquire. 3. The parties have been separated since November. The existing status quo is that father is seeing the children on alternating weekends and for three evenings a week when mother is working. However, father is seeking a shared custody arrangement and suggests such an arrangement would be in the best interest of the children. The parties live relatively close. Mother is unwilling to agree upon a 50/50 shared custody arrangement and, accordingly, a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: April,?- b , 2009 Hubert X. Gilroy, E: Custody Conciliator ABOM & j?LITLILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 ERIC M. GROFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER S. GROFF, Defendant NO. 09-1417 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ERIC M. GROFF,, (hereinafter referred to as "Father") and JENNIFER S. GROFF, (hereinafter referred to as "Mother") WHEREAS, the parties are the natural parents of two children, namely LOGA1V H. GROFF, born December 28, 2000 and CONNOR T. GROFF, born June 5, 2002 (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. LEGAL CUSTODY: The Father and the Mother shall have shared legal custody of the Children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 2 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. PHYSICAL CUSTODY: Mother and Father shall share physical custody of the Children as follows: a. Summer Custody. Custody of the Children for the summer shall be on a week on/week off, Sunday at 7:00 p.m. to Sunday at 7:00 p.m. schedule beginning with Father having custody of the Children starting June 14, 2009. This alternating schedule shall continue until August 21, 2009 prior to the beginning of the school year. In 2010 and subsequent years, the summer custody schedule will begin on the first Sunday following the close of school and end on the last Sunday prior to the start of the next school year. In 2010 and subsequent years, the summer schedule will begin with the parent who would otherwise have custody on Sunday under the school year schedule. 3 i. During Father's week, if Mother has off from work she may have custody of the Children from 9:00 a.m. until 4:30 p.m. if Father is working. ii. During Mother's week while Mother is at work, Father's fiancee, Liz Roupp, will watch the boys from 6:15 a.m. until 7:30 p.m. If Father is not working, Father may have custody during that time period. iii. For Summer Camp: 1. On the days that Mother is working, it will be Father's fiance, Liz Roupp's responsibility to get the Children to the and from the bus stop for camp; however, if Mother is off at 3:00 p.m., and it is her custodial week, she will be responsible for picking up the Children at the bus stop. 2. Mother will deliver the children to Father's home in the morning on camp days. b. School Year Weekday/Weekend Schedule: Beginning with August 24, 2009, Father shall have custody on the days that Mother works at Select and Mother shall have custody on her days off in accordance with Mother's rotating work schedule as follows: Week 1 - Friday/Monday/Tuesday Week 2 - Friday/Wednesday/Thursday Week 3 - Monday/Tuesday/Wednesday Week 4 - Saturday/Sunday/Monday Week 5 - Friday/Monday/Tuesday Week 6 - Friday/Wednesday/Thursday i. Father shall have custody of the Children after school, or 3:30 p.m., on the days that Mother works until after school, or 3:30 p.m., the following day. Mother shall have custody of the Children from after school, or 3:30 p.m., on her days off until after school, or 3:30 p.m., the following day. 4 ii. The parties also shall alternate weekends, from Friday after school, or 3:30 p.m., until Sunday at 7:00 p.m. The schedule will begin with Father having custody after school, or at 3:30 p.m., on August 28, 2009. iii. In 2010 and subsequent years, the school year schedule will begin on the Sunday prior to the first day of school. iv. In the event that either party's work schedule changes, the other shall be notified immediately upon receipt of that change. If Mother's work days change, the custody schedule set forth above shall conform to the days she works. However, in the event that Mother's work schedule changes so that Father would have less than seven (7) overnights with the Children in a fourteen (14) day period, the parties will commence a week on/week off, Sunday to Sunday schedule, as followed during the summer. C. Holidays: i. The Christmas holiday will be shared in two segments. For Christmas 2009, Mother will have custody on December 24`h from 9:00 a.m. through December 25`h at 2:00 p.m. Father shall have custody from December 25`h at 2:00 p.m. until December 26`h at 9:00 p.m. The parties will alternate segments from year to year thereafter. ii. The parties shall alternate the following holidays beginning in 2009 from 9:00 a.m. until 7:00 p.m.: 1. Father shall have custody on July 4`h, Mother shall have custody on Labor Day, Father shall have custody on Thanksgiving. In 2010 Mother shall have custody on Easter, Father shall have custody on Memorial Day. iii. Father's Day 5 1. Father shall have custody on Father's Day from 9:00 a.m. until 7:00 p.m. iv. Mother's Day 1. Mother shall have custody on Mother's Day from 9:00 a.m. until 7:00 p.m. 3. TRANSPORTATION. Transportation for custodial exchanges shall be conducted by the party receiving custody, except as set forth herein. 4. Each parent will exercise care in screening babysitting/Child care providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the Children may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls and e-mails. 5. The parents shall permit and support the 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 parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Children which might interfere with regular visitation. 6. TELEPHONE CONTACT: Each parent shall be entitled to reasonable telephone contact with the Children, which shall not be excessive. 7. The parents shall organize ways for their Children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. 8. NO CONFLICT ZONE: Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall 6 establish a no-conflict zone for their Children and refrain from making derogatory comments about the other parent in the presence of the Children and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. 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. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly between parents, without using the Children as an intermediary. 9. Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would result in a change of school for the Children or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. For the Children's welfare, neither parent should consider moving very far from the other until the Children have reached adulthood. 10. The parties will continue to participate in co-parenting counseling with Dr. Kasey Sheinvold, at the pace recommended by Dr. Sheinvold and for as long such counseling is recommended by Dr. Sheinvold. Uninsured costs shall be shared equally by the parties. 11. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Children, who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, 7 overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 14. Unless otherwise agreed, the children shall continue to attend West Creek Hills Elementary School in the East Pennsboro School District. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WIINESSETH: V i t i r TO, b/14 log D T ERIC M. GR FF (Seal) ? ltd DATE JE IFE OFF (Seal) 8 COMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this Cl day of 2009, before me, the undersigned officer, personally appeared ERIC M. GROFF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. r NOTARY PUBLI COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly S. Deftco, Notary Public City of Harrisburg, Dauphin County Commission Expires Jan. 17, 2013 Member, Pennsylvania Association of Nollarles COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this 15-r day of Tu (` 1 2009, before me, the undersigned officer, personally appeared JENNIFER S. GROFF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. &J94? ?/ NOTARY PUBLIC ommonwealth of Pennsvivania NOTARIAL SEAL DEBORAH L. RYAN, Notary Public Mechanicsburg Boro., County of Cumberland My Commission Expires June 11, 2010 9 OF THE 1009 JUL - ! All lid: 3 i ERIC GROFF, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER GROFF, DEFENDANT NO. 09-1417 CIVIL ORDER OF COURT AND NOW, this 2"d day of July, 2009, the Court being in receipt of the custody stipulation and agreement signed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for Wednesday, July 29, 2009, at 1:30 is cancelled. By the Court, M. L. Ebert, Jr., J. ? Nichole Staley O'Gorman, Esquire Attorney for Plaintiff /chelle Sommer, Esquire Attorney for Defendant Court Administrator - ?R S '1lyjvi bas Cof Ces ryu; ('LL 7/z R Er' a-:F1CE OF THE Pnn,)-I('P (NARY 2009 JUL -2 Phi 12: 01 ti;Y JUL 0 2009 ERIC M. GROFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1417 CIVIL TERM JENNIFER S. GROFF, CIVIL ACTION - LAW Defendant IN CUSTODY AND NOW this day of 13 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT: ? ?tchole M. Stale COP I ?;-s Ma t y O'Gorman, Esquire, For the Plaintiff helle L. Sommer, Esquire, For the Defendant 5 FILE. OF T? 2 019,s J' 13 Pri I: 0 7