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HomeMy WebLinkAbout02-0879 NM JOSEPH W. GOCHENAUR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • N V. : No. aoo a- 8 7 9 ~ • ~ m c ~ JENNIFER A. CROUSE : CIVIL ACTION - LAW ~M -<..~arn~ : IN CUSTODY ~ C~ Defendant ~ -n z o X COMPLAINT IN CUSTODY M Q ~ ~ ~-L\ c ` CD' AND NOW, this 13th day of October, 2011, comes the Plaintiff, JOSEPH 'VV' ~ GOCHENAUR, by and through his attorney, Trudy A. Marietta Mintz, Esquire, bring this Complaint for Custody and for cause states as follows: 1. Plaintiff Joseph W. Gochenaur is an adult individual residing at 415 South Broad Street, Mechanicsburg, Cumberland County, PA 17055. 2. Plaintiff is the father of the child who is the subject of this Complaint for Custody. 3. Defendant Jennifer A. Crouse is an adult individual residing at 204 Lee Street, Portsmouth, Suffolk County, VA 23704. 4. Defendant is the mother of the child who is the subject of this Complaint for Custody. 5. The minor child who is the subject of this action is Brock Joseph Gochenaur, bom out of wedlock to the parties in Cumberland County, PA and currently resides with the Defendant. 6. The relevant information regarding the minor child is as follows: Name: Brock Joseph Gochenaur Present Residence: 204 Lee Street, Portsmouth, VA 23704 Date of Birth: January 22, 1997 Present Age: 14 years ~ ~ ~o•0 0 P e.~,'~r3 7. Plaintiff resides with the following persons: Tammy L. Gochenaur - spouse - born 7/23/1976 Elijah Q. Gochenaur - child of Plaintiff and spouse - born 5/28/2009 Darion John Lacko - child of Plaintiffls spouse - born 10/28/99 8. Defendant. On information and belief, resides with the following persons: Brock J. Gochenaur - subject of action - born 1/22/1997 Braden Jackson - child of Defendant - approx. age 4 Jayden Jackson - child of Defendant - approx. age 3 Carlie Jackson - child of Defendant - approx. age 2 Jason Jackson - boyfiiend of Defendant - age unknown 9. Since birth, an information and belief, Brock J. Gochenaur with the following persons and at the following addresses: Names: Joseph W. Gochenaur, Jennifer A. Crouse Address: 109 Old York Road, New Cumberland, PA 17070 Dates: Birth to 6/98 Names: Jennifer A. Crouse Address: 312 Geary Ave., New Cumberland, PA 17070 Dates: 6/98-7/99 Names: Jennifer A. Crouse Address: 617 Colonial View Road, Mechanicsburg, PA 17055 Dates: 8/99-6/2000 Names: Jennifer A. Crouse and Jason Jackson Address: 210 E. Locust St., Mechanicsburg, PA 17055 Dates: 6/2000-6/2003 Names: Jennifer A. Crouse and Jason Jackson Address: Range End Road, Dillsburg Dates: 6/2003-6/2004 Names: Jennifer A. Crouse and Jason Jackson Address: Baltimore Road, Franklintown Dates: 6/2004-6/2005 Names: Jennifer A. Crouse, Jason Jackson and Braden Jackson Address: 3919 Kawarus Loop, Virginia Beach, VA 23456 Dates: 6/2005 -1/2008 Names: Jennifer A. Crouse, Jason Jackson, Braden Jackson, Jayden Jackson and Carlie Jackson Address: 204 Lee St., Portsmouth, VA 23704 Dates: 1/2008 - present 10. The minor child, Brock Joseph Gochenaur, is the subject of a Custody Order dated 3/27/2002 in Cumberland County, PA case number 02-630. No further Orders of Custody exist regarding this minor child. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiff does not know of a 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. 13. Each parent whose parental rights to the child have not been terminated and the person who currently has physical custody of the child have been named as parties to this action. 14. The parties mutually and verbally agreed that the Defendant would move to Virginia with the minor child. 15. No formal Modification of Custody was sought or was Ordered regarding this geographical change. 16. Jurisdiction regarding the home state of the minor child remains with Pennsylvania, specifically Cumberland County, Pennsylvania. 17. The parties mutually agreed that Plaintiff would have custody of the minor child during summer vacation and winter school holiday. 18. Plaintiff has been denied the custody of the minor child mutually agreed upon by the parties this Suminer, 2011. 19. Plaintiff has been unable to reach the minor child via telephone regularly as previously mutually agreed upon. 20. The best interest of the child, Brock Joseph Gochenaur, would be best served by awarding joint legal and primary custody to the Plaintiff, JOSEPH W. GOCHENAUR, because he can provide a calm and loving horne with the active involvement of extended family, including grand-parents, free of a dangerous and unsta.ble environment, with enhanced educational opportunities and in keeping with traditional values. Although Plaintiff seeks joint legal and primary physical custody, he is agreeable to liberal visitation rights for the Defendant during the summer vacation and winter school holiday. WHEREFORE, Plaintiff, JOSEPH W. GOCHENAUR, respectfully requests that this Honorable Court enter an Order scheduling a custody conciliation conference. yed, Respectful ly_S~ UDY A. TTA MINTZ, Es ' PA ID #20 3 The Law ffice of Trudy A. Marietta Mintz 14 N. Walnut Street Mechanicsburg, Pa 17055 (717) 458-5921 tmmlaw &ahoo.com Attorney for Plaintiff JOSEPH W. GOCHENAUR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . vi. : NO. JENNIFER A. CROUSE : CIVIL ACTION - LAW : IN CUSTODY Defendant . VERIFICATION I verify that the statements made in the Complaint are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: I aov s W. Gochenaur JOSEPH W. GOCHENAUR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. : NO. JENNIFER A. CROUSE : CIVIL ACTI4N - LAW : IN CUSTODY Defendant . CERTIFICATE OF SERVICE This is to certify that I caused service to be made via private process Server, and have atta.ched their notarized Certificate of Service to the Complaint, on November 3, 2011 upon: Jennifer A. Crouse, Defendant 204 Lee Street Portsmouth, Virginia 23704 . ~ Trudy A. Marietta Min , Esquire ~ Certificate of Service The undersigned being duly sworn, states: I am over the age of 18 years and not a party to the below named entitled action. I made service of: 1. Comnlaint in Custodv: 2. Verification Case#: FD-2006-548 Court/Return Date: Court of Common Pleas of Cumberland Countv. PA / N/A Date Received: 10/14/2011 Client/Atty: Trudv A. Marietta Mintz Re: Joseph W. Gochenaur (Plaintiff / Petitioner) vs/re Jennifer A. Crouse (Defendant/Respondent) Serve: Jennifer A. Crouse Service Address: 204 Lee Street, Portsmouth. Virsinia 23704 ( ) Personal Service Being unable to make personal service a copy was delivered in the following manner unless Not Found: Delivered to a person found in charge of usual place of employment during business hours and giving information of its purport.(List name and title) Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above. (Name of Recipient) (age) (Relationship) Posted on front door or such other door as appeazs to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found). ( ) Not Found - reason: Date/Ti e of Service: l_0? 5~K,+G?/j I d are alty of erjftry that this retum is true and conect. y 1( c..~- Date: L ones ~ P ess Server East Coast Investigations, Inc 2420 Virginia Bea.ch Blvd Suite 116 MEGANCRUICKShIANK NOTARY PllBLIC VirginiaBeach, Virginia23454 COMMpNyyEALTHOFVIR(31NIA DCJS 11-1155 NY COMMISSION EXPIRES MAR. 31,2015 W W W .EA STCOASTINVESTIGATION.COM COMMISSIONM 7118100 ~ *~,R201 Sub c ribed S orn to before me, a Notary Public, this day of 1, e' of and the state of ViraW. My Commission Expires Yun No blic JOSEPH W. GOC.HENAUR IN THE COURT OF COMMON PLEAS OF = E 2 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANItbM - - Mt ?rn r-- f r! • ;,cam ~• V. U) 2002-879 CIVIL ACTION LAW tV ,f, JENNIFER A. CROUSE :r o IN CUSTODY Tf to -?{ `? DF;FENDANT C) } ORDER OF COURT AND NOW, Thursday, November 17, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, December 15, 2011 at 3:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Daum S. Sunda 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 an mr?d fol * ?? /YIi?I7?z ?y ?a r ? JOSEPH W. GOCHENAUR IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2002-879 CIVIL ACTION LAW JENNIFER A. CROUSE Defendant IN CUSTODY ORDER OF COURT AND NOW, this // day of _, 2011, upon consideration of the attached Custody Conciliation Re rt, it is/ordered and directed as follows: 1. The prior Order of this Court dated March 27, 2002 is vacated and replaced with this Order. 2. The Father, Joseph W. Gochenaur, and the Mother, Jennifer A. Crouse, shall have shared legal custody of Brock Gochenaur, born January 22, 1997. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the 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 decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. Christmas: In every year, the parties shall equally divide the Child's Christmas holiday break from school. Segment A shall run from the first day that the Child is off school for the holiday through the mid-point of the school break and Segment B shall run from the mid-point day through the day before school resumes. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. The specific times for the exchanges shall be arranged by agreement between the parties. B. Sing Break: In every year, the Father shall have custody of the Child for at least four days during March and April which shall take place, if possible, over the Child's Spring break from school. In the event the Spring break is less than three days due to snow days or other circumstances, the Father shall be entitled to make-up time of at least four days during March and April. The Mother shall not be required to take off work to provide transportation for exchanges of custody under this provision and if she is unable to take off work, the Father shall provide all transportation for the exchanges of custody under this provision. Unless otherwise agreed between the parties, the Child shall not be taken out of school for a custodial period. C. Summer: During every summer, the Father shall have custody of the Child for four weeks, which shall be scheduled for one week in June, one week in July and two weeks in August unless otherwise agreed. The specific dates shall be arranged by agreement between the parties. The parties shall cooperate in scheduling the custodial arrangements for the summer at least one month in advance. D. In addition to the above, the Father shall be entitled to have custody of the Child at any time the Father travels to the Suffolk, Virginia area and the Mother shall make the Child available for periods of custody when the Father is visiting. The Father shall provide the Mother with at least two weeks advance notice of his plans to travel to Virginia. E. Unless otherwise agreed between the parties, all exchanges of custody shall take place in Fredericksburg Virginia. 5. The Father shall be entitled to have reasonable liberal telephonic or electronic (video chat) contact with the Child. 6. Unless otherwise agreed between the parties, the Father shall not permit the Child to stay overnight at the Maternal Grandparents' residence unless the Father is also present. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, q -n 3 -n M r n - 70 V M 70 C7 Kevin A ess J. ?-° :M E CO __41 cc: /Jennifer A. Crouse - Mother ==; y r Trudy A. Marietta Mintz Esquire - Counsel for Father (,p,es ft,.a,1,d I I ra//a JOSEPH W. GOCHENAUR Plaintiff vs. JENNIFER A. CROUSE Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-879 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brock Gochenaur January 22, 1997 Mother 2. A custody conciliation conference was held on January 5, 2012, with the following individuals in attendance: the Father, Joseph W. Gochenaur, with his counsel, Trudy A. Marietta Mintz Esquire, and the Mother, Jennifer A. Crouse, who is not represented by counsel in this matter and participated in the conference by telephone from her residence in Virginia. 3. The parties agreed to entry of an Order in the form as attached. 3( y. ueZ2n1 5 -go 1 c3- L-'-C Date -T Dawn S. Sunday, Esquire Custody Conciliator