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HomeMy WebLinkAbout04-2904JENNIFER S. GROFF, Plaintiff VS. LEONARD V. WENDALL, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA CML ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, JENNIFER S. GROFF, by and through her attorney, Bradley A. W'mnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiffis Jennifer S. Groff~ who currently resides at 754 Ertord Road, Camp Hill, Cumberland County, Pennsylvania 170l 1, and has so resided at that address since May 2001. 2. The Defendant is Leonard V. Wenda/l, who currently resides at 40 Oak Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary physical custody of the following child: Matthew Wendall- Smith, bern on July 18, 1997. The child was bom out of wedlock. The child is prcscmly in the shared physical custody of Pla'mtiiTand Defendant. During the past five years, the ehild has resided with the following persons and at the following addresses: A. From June 1999 until April 2000, the child resided in Harrisburg with PlaintifE. B. From April 2000 until December 2000, the child resided in Harrisburg with Plaintiff and her currem husband, Eric Groff. C. From December 2000 until May 2001, the child resided in Harrisburg with Plaintiff, Eric Groffand their son, Logan Groff. D. From May 2001 until the present, the child has resided at 754 Erford Road, Camp Hill, Pennsylvania, with Plaintifl~ Eric Groff, Logan Groffand Connor Groff, who was bom in 2002. E. Since June 2000, the child has resided on an alternating week basis with Defendant and his parents at 40 Oak Avenue, Camp Hill, Pennsylvania. The mother of the child is Jennifer S. Grot[ currently residing at 754 Erford Road, Camp Hill, Cumberland County, Pennsylvania. The father of the child is Leonard V. Wendall, currently residing at 40 Oak Avenue, Camp Hill, Cumberland County, Pennsylvania.. 4. The relationship of Plaintiffto the child is that of mother. Plaintiffcurrently resides with her son, Matthew, her husband, Eric Groff, and their two (2) sons, Logan and Connor Groff. 5. The relationship of Defendant to the child is that of father. Defendant currently resides with his son, Matthew, and his parents, Lois and Larry Wendall. 6. Plaintiffhas participated as a party in other litigation concerning the custody of the child in another court. On June 13, 2000, The Honorable Todd A. Hoover, Dauphin County Court of Comn~n Pleas, issued an Order docketed to No. 1836 S 2000 awarding the parties shared legal and physical custody of the minor child. The shared physical custody was to be exercised on an alternating week basis. Plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaint'rffdoes not know ora person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting Plaintffi' primary physical custody of the child for the following reasons: a) The child has recently concluded 1st grade and Plaintiffbelieves that a more stable and consistent custody schedule is more conducive to educational and developmental advancement; b) By prior agreement of the parties the child has attended the West Creek Hills Elementary School inthe East Pennsboro School District where Plaintiffresides. Defendant resides outside of the East Pennsboro School District; c) Since Defendant does not reside within the East Pennsboro School District, the child has very few friends in Defendant's neighborhood; d) Plaintiff is able to provide a stable and nurturing home for the child. Plaintiffand her husband have been married for nearly four (4) years, have lived in their house for three (3) years, are both employed and have two (2) children together; e) Defendant has lived with his parents for the majority of the past six (6) years and has been unemployed for the great majority of that time. These circumstances do not reflect Defendant's ab'dity to continue to provide a stable home environment for the child; f) Defendant has not been an equal participant in the child's parenting. Specifically, despite regular notification l~om Plaintiffand the fact that he has had no job to interfere, Defendant has not regularly attended the child's doctor appointments; g) The child has been consistently late for school while in Defendant's care; h) The child has traditionally not had his own bed while in Defendant's custody, but has slept in a bed with Defendant; and i) It is believed that Defendant spends a lot of time out of the house when the child is in his custody, leaving much of the parenting responsibility to the child's grandmother, Lois Wendall. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffrespectfully requests This Honorable Court to award her primary physical custody of the minor child with partial physical custody to Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: ~ AS /o~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: ~° -/'""~-- O~/ p~~ JENNIFER S. GROFF PLAINTIFF V. LEONARD V. WENDALL DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2904 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 30, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre ltubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 22, 2004 at 9:30 AM for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older ma'/also be present at the conference. Failure to appear at the conference max 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, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business betbre 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 JENNIFER S. GROFF, Plaintiff VS, LEONARD V. WENDALL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2904 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF YORK : I HEREBY CERTIFY that before me, the undersilgaed authority, a Notary Public in and for the Commonwealth of Pennsylvania, County of York, aforesaid, personally appeared Edgar J. Siptroth, Jr., who made oath in due form of law that on the /<)'~/'h day of ~['O[~A_ ,2004, at ]]: ~ o'clock/~.M.,hepersonallyservedatmeandcorrect copy of the Custody Complaint filed against the Defendant, Leonard V. Wendall, at his Hom-p.~ , at the following address: (}~)t~x/,P~) Sworn to and subscribed before me '-..._.~t~'~p-ul~lic ~-"-'~ - ~ Signature of Defendant Defendant's Social Security No. ~cr..-r..~.2-~/6 JENNIFER S. GROFF, Plaintiff VS. LEONARD V. WENDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . ; : NO. 04-2904 CIVIL ; : CIVIL ACTION - LAW : IN CHILD CUSTODY NOTICE TO PLEAD TO: JENNIFER S. GROFF c/o BRADLEY A. WINNICK 130 W. CHURCH STREET DILLSBURG, PA 17019 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or judgment may be entered against you. Date: LAW FIRM OF LlNDA A. CLOTFELTER ]~inda A. Clotfelter,fEsquire )~ttorney I.D. No. 72963 ~-/5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 (717) 796-1933 facsimile JENNIFER S. GROFF, Plaintiff ¥$. LEONARD V. WENDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : : NO. 04-2904 C1VIL ._ : :CIVIL ACTION - LAW : IN CHILD CUSTODY DEFENDANT'S PREI,IMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW, comes Defendant, Leonard V. Wendel, (improperly spelled "Wendall" in Plaintiff's Complaint), by and through his counsel, Linda A. Clotfelter, Esquire, and files the following Preliminapy Objections to Plaintiffs Complaint For Custody, respectfully stating in support thereof the following: 1. Defendant is Leonard V. Wendel, (hereinal~er referred to as "Defendant"), an adult individual who currently resides at 306 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff is Jennifer S. Groff, (hereinafter referred to as "Plaintiff"), an adult individual who currently resides at 754 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant and Plaintiff are the natural parents of one minor child, Matthew Wendel-Smith, born July 18, 1997 (age 7years). 4. On or about July 13, 2004, Defendant was served with a Complaint for Custody filed to the above-referenced docket number in the Court of Common Pleas of Cumberland County, Pennsylvania. 5. A custody proceeding involving the parties anti the child that is the subject of this proceeding is presently pending in Dauphin County, Pennsylvania as filed to civil docket number 1986-S-2000. A true and correct copy of the current Order of Court as executed by the Honorable Judge Todd Hoover, is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth. 6. Defendant now files these Preliminary Objections to Plaintiffs Complaint on the grounds of lack of jurisdiction due to a prior pending action as filed in Dauphin County, Pennsylvania. 7. Paragraph 6 of Plaintiff's Complaint as verified by Plaintiff, confirms the existence of the matter pending in Dauphin County, Pennsylvania. 8. Defendant now seeks to have this matter dismissed, or in the alternative, stayed while Plaintiff takes the steps necessary to transfer the pendiing custody proceeding presently filed in Dauphin County, Pennsylvania, transferred to Cumberland County, Pennsylvania, with same being done at Plaintiff's expense. WHEREFORE, Defendant, Leonard V. Wendel respectfully requests that this Honorable Court grant Defendant's preliminary objections and dismiss Plaintiff's Complaint, or in the alternative, stay this proceeding until Plaintiff takes the steps necessary to transfer the pending custody proceeding presently filed in Dauphin County to Cumberland County, at Plaintiffs expense, and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW OF LINDA A. CLOTFELTER Date: ~21 East Trindle Road, Suite 100 echanicsburg, PA 17050 (717) 796-1930 (717) 796-1933 facsimile JENNIFER S. GROFF, Plaintiff VS. LEONARD V. WENDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .- _. : NO. 04-2904 CIVIL : : CIVIL ACTION - LAW : IN CHILD CUSTODY VERIFICATION I, LEONARD V. WENDEL, verify that the statements in the foregoing PRELIMINARY OBJECTIONS are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: LEONARD V. WENDEL JENNIFER S. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA vs. : No. 1836 S. 2000 : IN CUSTODY LEONARD V. WENDELL, Defendant ORDER ~ AND NOW, to wit this /5 day of ~ , 2000, the parties and their respective counsel, having appeared for a custody conference on June 7, 2000, before Judith A. Calkin, Esquire, and having reached agreement with regards to the best interest and welfare of their minor child, it is here~ OP~DERED AND DECREED as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of Matthew Wendell- Smith, born July 18, 1997. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly., after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency EXHIBIT "A" decisions which must be made, the parent havin9 physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall ±nform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical custody of the minor child shall be shared between the father, Leonard V. Wendell, and the mother, Jennifer S. Smith on an alternating week schedule. The exchange time is Monday at 2:00 p.m. 3. The parents will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The custodial period shall run from 9:00 a.m. to 8:00 p.m. and will begin with Mother having the child on July 4th in 2000. 4. Christmas will be divided into two segments which segments will alternate year by year between the parents. Segment "A" is from noon December 24th until noon December 25th. Segment "B" is from noon December 25th until noon December 26th. This schedule will begin with Father having se~nent "A' in 2000. 5. Father shall have custody on Fathers,s Day from 9:00 a.m. to 8:00 a.m. and Mother shall have custody of Mother's Day from 9:00 a.m. to 8:00 p.m. 6. The holiday schedule shall take precedence over the regular custody schedule. 7. During any period of custody or visitation the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house ~uests comply with this prohibition. 8. Each parent shall be entitled to reasonable telephone contact with the child when he is in the custody of the other parent. 9. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 10. Should the child spend overnight somewhere other than the custodial parents residence the other parent will given the address and phone number of where the child will be. BY THE COURT: JUN ] 00 00 JENNIFER S. GROFF, Plaintiff VS. LEONARD V. WENDEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2904 CIVIL CIVIL ACTION - LAW IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Bradley A. Winnick, Esquire 130 W. Church Street Dillsburg, PA 17019 (Counsel for Plaintiff) Hubert X. Gilroy, Esquire 4 N. Hanover Street Carlisle, PA 17013 (Assigned Conciliator) LAW OF LINDA A. CLOTFELTER Date: l~iqda A. Clotfelter, Esquire / / AtJbmey I.D. No. 72963 x,.Sg21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 (717) 796-1933 facsimile McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DISCOUNT COMPANY V. CHARLES A. WINN CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 04-2904 CIVIL TERM PETITION TO ALLOW SERVICE ON TH[: DEFENDANTS BY REGULAR MAll,: CERTIFIED MAIL AND POSTINC PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Charles A. Winn, at the Defendant's last-known address of 924 N. College Street, Carlisle, PA 17013. However, the Sheriff advised that the defendantwas served by handing to Michael Femmer, an occupant residing at the property. A copy of the Sheriffs Service Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Postal Authority has advised that the Defendant, Charles A. Winn is good as addressed at the property, 924 N. College Street, Carlisle, PA 17013. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; the defendants number is unlisted in the Carlisle area. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff has attempted to make inquiry with Michm,q Femmer, a resident residing at 924 N. College Street. However, there were messages left with no response. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax office has mailind address same as property, 924 N. College Street, Carlisle, PA ][7013. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records on file for the Defendam, Charles A. Winn. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiffhas investigated the Defendant's Voter Registration Records, and the Cumberland County Voter Registration has advised that the Defendant, Charles A. Wiun is not registered to vote. (See Affidavit of Good Faith Investigation mX,ached hereto and marked Exhibit "B"). prejudiced. If service cannot be made on the Defendant, Charles A. Winn, the Plaintiff will be WHEREFORE, Plalntiffprays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Charles A. Wiun, by regular mall and by certified mall, return receipt requested, and by posting at the Defendant's last-known address and mortgaged premises known in this herein action as 924 N. College Street, Carlisle, PA 17013. TERRENCE j. Me'ABE, ESQUIRE Attorney for Plaintiff' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MeCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DISCOUNT COMPANY V. CHARLES A. WINN CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 04-2904 CIVIL TERM MEMORANDUM OF LA~! If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiffprays this service be made. TERRENCE J. McCAWE, ESQUIRE McCABE, WEISBERG AND CONWA¥, P.C. BY: TERRENCE J. MeCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DISCOUNT COMPANY CHARLES A. WINN CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 04-2904 CIVIL TERM CERTIFICATION OF SERV][CE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 29t~ day of July, 2004, upon the following: Charles A. Winn 924 N. College Street Carlisle, PA 17013 TERRENCE J. MeCABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIR.E, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. TERRENCE J. McCABE, ESQUIRE SHERIFF'S RETURN - CASE NO: 2004-02901 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS WINN CHARLES A REGULAR RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WINN CHARLES A the DEFENDANT , at 2043:00 HOURS, at 924 NORTH COLLEGE STREET CARLISLE, PA 17013 MIKE FEMMER, OCCUPANT a true and attested copy of COMPLAINT - on the 15th day of July , 2004 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this _ day of Prothonotary So A~swers: R. Thomas Kline o7/1s/ oo MCCABE WEISBERG CONWAY Deputy Sheriff LARRY DEL VECCHIO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 18974 (215) 442-5668 (215) 442-9727 FAX Mortgage Electronic Registration Systems, Inc. : VS. CHARLES A. WINN : COURT OF COIvllVION PLEAS CUMBERLAND COUNTY NO. 04-2901-CIVIL TERM LAST KNOWN ADDRESS: 924 N. College Street, Carlisle, PA 17013 LOAN NUMBER: 96-0017PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on July 23, 2004, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority states defendant is good as addressed al: properly, 924 N. College St. 2. Examination of local telephone directories and 411 assistance; The defendants number is unlisted in the Carlisle area. 3. Neighbor Contacts: Michael Femmer, 924 N. College St., (717) 241-5643, left messages with no response 4. Tax Information: Tax office has mailing address same as ProPerty, 924 N. College St. 5. Death Records: Social Security has no death records for the defendant under his social secttrity number. 6. Voter Registration: The defendant isn't registered. I certify that this information is hue and correct to the best of my knowledge, inforraation and belief. NOTARY PUBLIC: BY: Sworn to before Larry Del Vecchio, Process Server of LARRY DEL VECCHIO PROCESS SERVER FOR MCCA_BE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 Postmaster Carlisle, PA 17013 July 23, 2004 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish thc new address or the name and street address (ifa boxholder) for the following: Name: Charles A. Winn Address: 924 N. College St. Carlisle, PA 17013 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) ( 1 ) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve prc.cess (not required when requester is an attorney or a party acting Pro Se- except a coq>oration acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. (Rule 400.1.b) 3. The names of all known parties to this litigation: Mortgage Electronic Reg. Sys. v. Charles A. W[nn 4. The court in which the case has been or will be iheard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 04-2901 CIVIL TERM 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR ?ROSEPCTiVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INpRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION IIX)I). 1 CERTIFy THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRF~gS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. '~----"~ ~ P.O. Box 3221 LARRy DEL VECCHIO Warminster, PA. 18974 . For McCabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ONLy NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR ~ NAME AND pHYSICAL STREET ADDRE$ _S: POST MARK AUG % 0 2004 JENNIFER S. GROFF, Plaintiff V LEONARD V. WENDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-2904 : IN CUSTODY COURT ORDER AND NOW, this ~ ~· day of August, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as folllows: 1. A hearing is scheduled in Courtroom No. ~ __ of the Cumberland County Courthouse on the ~ ~ day of ~rLw.~.~ , 2004 at ~'~ ~ .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, each parties position on those issues, a list of witnesses who will be called on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be f'ded at least 5 days prior to the mentioned hearing date. 2. Upon agreement of the parties, the preliminary objections relating to jurisdiction which were f'ded by the father are withdrawn. 3. Pending further order of this Court, the prior Order of Court entered in this case in Dauphin County at Docket No. 1836 S - 2000 shall remain in place and shall control the custodial arrangement between the parties. cc: Bradley A. Wlnnlck, Esquire Linda A. Cloffelter, Esquire ~ff~ ,~ JL ~ ~ ~o ~ JENNIFER S. GROFF, Plaintiff V LEONARD V. WENDEL, Defendant AUG : IN THE COUI~',T OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004 - 2904 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RIFLE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: e The pertinent information pertaining to the child who is the subject of this litigation is as follows: Matthew Wendel-Smith, born July 18, 1997. A Conciliation Conference was held on August 12, 2004, with the following individuals in attendance: The mother, Jennifer S. Groff, with her counsel, Bradiey A. Winnick, Esquire and the father, Leonard V. Wendel, with his counsel, Linda A. Clotfelter, Esquire. The parties have been working under an existing order from Dauphin County that was entered in 2000. The prior Order essentially provided for a week on/week off custodial arrangement. Mother has now petitioned the Court to modify the existing order and is seeking primary custody. Father believes the current situation is satisfactory and that a shared physical custody arrangement should remain in place. Father originally f'ded preliminary objections to the complaint suggesting that the case should be transferred to Dauphin County. At the Custody Conciliation, father agreed to withdraw those preliminary objections. A hearing is required and the Conciliator reeommends an order in the form as attached. DATE ~uUsbt;r~yX~ ~aYi~ ? q uir e JENNIFER GROFF, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LEONARD V. WENDAL, DEFENDANT : 04-2904 CIVIL TERM ORDER OF COURT AND NOW, this [. ( L day of October, 2004, upon the request of counsel so that a custody evaluation can be completed, the hearing now scheduled for October 21,2004, is continued generally to the call of either party. vl~radley A. Winnick, Esquire v~inda Clotfelter, Esquire :sal V~ Edga r"-B"~yTj' lan M. Wiley David J. Lenox Timothy I. ~'olg,m Christopher I. Marzzacco THE VVILEY GROUP Attorneys at Law Wiley, kenox, Colgan & Marzzacco, ?.C. October 6, 2004 David E. Hershey Diana Woodside Bradley A. Winnick The Honorable Edgar B. Bayley Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Re: Groff v. Wendel No. 2004-2904 CIVIL TERM Dear Judge Bayley: The above-referenced custody case is scheduled for a hearing in Your Court on October 21, 2004, at 9:00 a.m. However, the parties have submitted to a Custody Evaluation by Deborah L. Salem fi.om Harrisburg which will not be completed by the date of the hearing. It is my understanding that Ms. Salem need only meet one more time with Mr. Wendel to complete the report. Unfortunately, Ms. Salem is currently on vacation until October 20th and will be unable to meet with Mr. Wendel until after the date of the heating. As both parties are hopeful that the Custody Evaluation may prompt an ultimate resolution to the custody dispute, I am requesting that the hearing be continued to a later date. If acceptable to the Court, counsel can simply advise the Court when the report is received in order to schedule a new hearing date. Counsel for Mr. Wandel, Linda Clotfelter, Esquire, concurs with this request. Please advise whether the request for a continuance is granted and whether a new date WIll now be set. If the Court has any questions or concerns, please do not hesitate to contact me. Thank you for your attention. By: Bradley A. Winnlck, Esquire cc: Linda CloIfelter, Esq. Jennifer Groff BAW/sam .130 W. Church Street, Suite 100 * Dillsburg, PA 17019 · Phone: (717) 432-9666 · (800) 682-4250 · Fax: (717) 432-0426 Offices in Harrisburg · York · Carbondale www. wileygrou plaw. com