HomeMy WebLinkAbout06-0305llVdivAG4?6G, KIMBEZ_.Y-al vccmplc)(dl
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C?- 3U'? Cud I
CIVIL ACTION - LAW
IN DIVORCE and CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a Decree of Divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the plaintiff. You may
lose money or property or other rights important. to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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, PA 17013-3302
Telephone: (717) 249-3166
-1-
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. O 6 - _Y0 5
CIVIL ACTION - LAW
IN DIVORCE and CUSTODY
COMPLAINT IN DIVORCE UNDER 3301(c)or 3301(d)
1. The Plaintiff in this action is KIMBERLY I. GROGG, an adult
individual, who currently resides at an undisclosed location in
Cumberland County, Pennsylvania.
2. The Defendant in this action is BENJAMIN A. GROGG, an adult
individual, who currently resides at 314 Woodland Avenue, New
Cumberland, Borough of New Cumberland, Cumberland County,
Pennsylvania, 17070.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on September 27, 2003, in Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
6. The Plaintiff avers as the grounds upon which this action is
based is that the marriage between the parties hereto is
irretrievably broken.
-3-
;'?CROGG, KZMBERL Y`ffof'a"v Ce
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-305
CIVIL ACTION - LAW
IN DIVORCE and CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys
for the plaintiff hereby certify that I served the Complaint in
Divorce in the above captioned matter on the defendant, BENJAMIN A.
GROGG, at 314 Woodland Avenue, New Cumberland, Pennsylvania 17070, by
United States Certified Mail, postage prepaid, return receipt re-
quested, restricted delivery, on January 17, 2006, as evidenced by the
attached Certified Mail return receipts.
ELIZABETH/B. -SIr
A'ttorne Law
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SWORN TO AND SUBSCRIBED / /
befortte__ me this 19?? day
of c -1F? G1I l P1.?lJ q- ?-. 2006.
Notary
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KATHLEEN KEIM, Notary Public
New Cumberland Boro. Cumberland Co.
My Commission Expires Dec. 5, 2006
u
N NEW CUMBERLAND EA 1707D
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to'.
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4. Restricted Delivery? (Extra Fee) Ves
2. Article Number (Copy from service label)
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PS Form 3$11, July 1999 Domestic Return Receipt 102596-00-M-0952
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7. The Plaintiff avers that one child, ELAINA IRENE GROGG, has
been born of this marriage.
8. The Plaintiff has been advised that counseling is available
and that the Plaintiff may have the right to request that the court
require the parties to participate in counseling.
9. The Plaintiff requests the court to enter a decree of
divorce.
COUNT I - CUSTODY
10. Paragraphs one (1) through nine (9) are incorporated herein
by reference as though fully set forth at length.
11. The Plaintiff in this action is KIMBERLY I. GROGG, an adult
individual, who currently resides at an undisclosed location in
Cumberland County, Pennsylvania.
18. The Defendant in this action is BENJAMIN A. GROGG, an adult
individual, who currently resides at 314 Woodland Avenue, New
Cumberland Borough, New Cumberland, Cumberland County, Pennsylvania,
17070.
19. Plaintiff seeks primary physical custody of ELAINA IRENE
GROGG, who resides with her mother, the Plaintiff, at an undisclosed
location in Cumberland County, Pennsylvania, and is sixteen months of
age having been born on September 2, 2004. The child was not born out
of wedlock.
The child is presently in the custody of her mother, the
Plaintiff above-named.
The Plaintiff seeks majority physical custody of the child.
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Plaintiff agrees to shared legal custody of the minor child with the
Defendant enjoying partial physical custody.
During the past five years, the child has resided with the
following persons and at the following addresses:
NAME ADDRESS DATES
Plaintiff & Defendant 314 Woodland Avenue, Birth - Present
New Cumberland, PA
The mother of the child is the Plaintiff, KIMBERLY I. GROGG, an
adult individual, who currently resides at an undisclosed location in
Cumberland County, Pennsylvania.
The father of the child is the Defendant, BENJAMIN A. GROGG, an
adult individual, who currently resides at 314 Woodland Avenue, New
Cumberland Borough, New Cumberland, Cumberland County, Pennsylvania
17070. He is married to the Plaintiff.
20. The relationship of Plaintiff to the child is that of
mother. The Plaintiff currently resides with the following persons:
NAME RELATIONSHIP
Minor child, Elaina Irene Grogg Daughter
21. The relationship of Defendant to the child is that of
father. The Defendant currently resides with the following persons:
NAME
RELATIONSHIP
None
22. Plaintiff has not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the
child in this or another court.
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Plaintiff has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the minor child or claims to
have custody or visitation rights with respect to the child.
Plaintiff consents to the jurisdiction of Cumberland County.
23. The best interest and permanent welfare of the minor child
will be served by granting the relief requested because:
A. The child has resided with her mother since birth who
have provided a continuous loving relationship with the child;
B. The mother is able to provide a stable home and extended
family environment for the child allowing the child opportunity to
spend time with the child's father and his extended family consistent
with a schedule the parties have arranged between themselves;
C. The mother has been the primary caretaker at all times
throughout the life of the minor child, taking care of all needs
related to feeding, clothing, and care.
D. The father has shown outright contempt for the child
since her birth with little to no interest in the care of his
daughter.
F. The mother believes that the father has become anxious
and volatile and fears now that his temper will be acted upon.
G. The father has made numerous statements over the last
several years, and more recently, indicated that he is angry at his
co-workers, his supervisor, and has become physically aggressive in
his life.
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H. The mother believes that if father successfully
completes an anger management class that he will become a more tender
and caring parent, but until such times, fears for the well-being and
safety of she and their daughter.
I. The mother has removed herself and the minor child for
fear of the father and the repercussions with regard to his anger
J. The mother has no intentions of keeping the father from
his daughter once he calms down.
24. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has
been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests that this Court grant
the Plaintiff majority physical custody of the child with shared legal
custody to the Defendant, giving the Defendant partial physical
custody.
STONE LaFAVER
By
Yizab B.' Stone, Esquire
Supr e Cc rt ID #60251
41 . g Street, P.O. Box E
w Cum e land, PA 17070
Telepho e 717-774-7435
Attorn for Plaintiff
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t1\'1'\1 -ver..I
VERIFICATION
Kimberly I. Grogg, states that she is the plaintiff named in the
foregoing instrument and that she is acquainted with the facts set
forth in the foregoing instrument; that the same are true and correct
to the best of her knowledge, information and belief; and that this
statement is made subject to the penalties of 18 Pa. C.S.A. § 4904
relating to unsworn falsification to authorities.
Date: /c" 0G
Kimberly ,T-Gr gg
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251 _
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717)774.7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 2006 -06-305 CIVIL TERM
BENJAMIN A. GROGG,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this a3'1 day of.%rLL , 2006, upon presentation and
consideration of the within complaint and the stipulation and agreement incorporated
therein, and upon agreement of the parties, it is hereby ordered and decreed as follows:
A. The parties shall have joint legal custody of their minor child, Elaina
Irene Grogg (born September 2, 2004, age 18 mos.).
B. The Mother shall have primary physical custody of the child;
subject to Father's visitation rights as specifically outlined below:
1. The Father shall have temporary physical custody of Elaina
every other weekend from 6:OOPM Friday through Sunday_ at 9:0OOAAMM or before Church;
or as the parties may agree. The Father shall also havekuunsttdoy from 5:15PM to
7:15PM on the Thursday before and the Tuesday after the Mother's weekend.
2. The first two overnight visits will be from Saturday at 9AM until
Sunday at 9AM. After the first two visits the normal schedule of every other weekend
from 6:OOPM Friday through Sunday at 9:00AM or before Church will commence.
3. The first three (3) overnight visits will be supervised at all times
by the child's paternal grandmother.
4. The parties agree to be flexible enough to accommodate each
others schedule changes.
C. The parties shall share physical custody of Elaina on holidays and
on Elaina's birthdays on as much of an equal basis as possible. If the parties
are unable to agree on the custody arrangements, the parties agree to the
following schedule.
1. Mother shall have Elaina from 8:00 a.m. until 3:00 pm. for each
major holiday, except Thanksgiving and Christmas.
2. Father shall have Elaina from 3:00 p.m. until 8:00 p.m, for major
holiday, except Thanksgiving and Christmas.
3. The parties agree to work out a schedule for Thanksgiving and
Christmas.
D. The Father shall always have Elaina on Father's Day from 9:00
a.m. through 8:00 pm. and the Mother shall always have Elaina on Mother's Day
for the same times.
E. Neither party shall remove the child from the Commonwealth of
Pennsylvania without first providing the other parent with an address and phone
number where the custodial party can be reached in the event of an emergency.
F. The parties shall have reasonable telephone contact, emails, or other
contact as her age permits while Elaina is in the other's custody.
G. Father agrees to install a new floating alarm for the pool once the pool
is opended.
H. Father agrees to lock his guns in a safe place away from the
ammunition; a gated doorway is not satisfactory.
E=t
Father agrees to continue with his licensed counselor for three
months from the date of this order.-'Mother agrees to continue with her own
psychologist for counseling.
J. The parties shall keep each other advised immediately relative to
any emergencies concerning Elaina and shall further take any necessary steps
to insure that the health, welfare and well being of Elaina is protected.
K. The parties shall do nothing that may estrange Elaina from the
other parties or hinder the natural development of Elaina's love or affection for
the other parties.
L. The parties agree to always involve Elaina with both sets of
grandparents and acknowledge that the grandparents's time spent with Elaina
shall extend from the parents' time.
M. In the event of the breach of the agreement of the parties by any
party, the nonbreaching party shall have the right to file a petition for contempt of
court and to seek specific performance of the terms of the agreement of the
parties. All costs, expenses and reasonable attorney fees incurred by the
successful party in any litigation to obtain an order of contempt or specific
performance of this agreement shall be recoverable as part of the judgment
entered by the court.
N. Any modification or waiver of any of the provisions of the agreement of
the parties shall be effective only if made in writing and only if executed with the
same formality of the agreement of the parties.
0. The Court of Common Pleas of Cumberland County has jurisdiction
over these issues and shall retain such jurisdiction should circumstances change
and any party desire further or require further modification of said Order.
0 0-?- BY E T,
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VERIFICATION AND
CONFIRMATION OF AGREEMENT
We do hereby verify that the acts set forth in this complaint are true and correct.
We understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the
execution of this Confirmation, we do each unequivocally express our mutual and
voluntary agreement to the amicable custody arrangement provided above and request
that the terms thereof be entered as an Order of Court without the necessity of a
custody conciliation, hearing or other proceeding.
, 2006
MAY(-IX /D 2006
SEAL)
f?
s (SEAL)
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the I -? day of MD!Jl , 2006, before me, the undersigned officer,
personally appeared 4,-?rx Aj(? , known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that he
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public ornnwnweami vi „,,.o,,, .
Notarial Seal
Valarie A. Foster, Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires July 21, 2007
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF GU BERt*NB-
Le)D..n 0,-\
Ino?-,?.., ??r ,.,t.,,,"
EAL)
On this, the 10'1?' day of iti PAa-H , 2006, before me, the undersigned
officer, personally appeared caws„ .G , known to me (or satisfactorily proven)
to be the person whose name is subscribed he within instrument and acknowledged
that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
uJL? co
Public
C0MM014N.'EAL1H OF PENNSYLVANIA
Notarial Seal
Paula E. Kissinger, Notary Public
City Of Lebanon, Lebanon County
My Commission Expires Dec. 19, 2009
Member. enn ,vhionia Aseociatlon of Notaries
KIMBERLY L. GROGG : IN THE COURT OF COMMON PLEAS
Plaintiff(Mother : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION LAW
BENJAMIN A. GROGG IN CUSTODY
Respondent/Father : 2006-3003 306'
MODIFICATION
FATHER'S REQUEST FOR JOINT PHYSICAL CUSTODY AND CONTINUED
JOINT LEGAL CUSTODY
1. On January 13th, 2006, Plaintiff(Mother, Kimberly I. Grogg filed for Divorce
and included in her filing "Custody-Count 1". See Attachment A
2. Plaintiff/Mother, Kimberly I. Grogg, resides at 200 Stonehedge Lane,
Mechanicsburg, PA 17055 (Cumberland County)
3. Respondent/Father, Benjamin A. Grogg, resides at 314 Woodland Avenue,
New Cumberland, PA 17070 (Cumberland County)
4. Plaintiff/Mother left the residence she shared with her husband and their
daughter Alaina around January 14'h,2006.
5. From the time she left, until Respondent/Father Benjamin A. Grogg signed
the Stipulated Agreement on March 23, 2006, which then became an Order
of Court, father was only permitted to even see his daughter, by the Plaintiff,
a total of about 7 hours. Mother permitted no overnight visits and no time
alone for father until he would sign the "Agreement".
6. The reason the Respondent/Father signed the limited Agreement on March
23rd, 2006, was because he very much wanted to have at least "some" quality
time with his daughter. Mother refused more visitation if he didn't sign, and
also because the Plaintiff/Mother had fabricated so many untrue facts and
scenarios to her attorney and to the Court in her Custody Complaint, which
was part of her "No-Fault Divorce Complaint", that Father and his attorney,
Herbert Corky Goldstein, felt that Father had to demonstrate by his actions
to the Court over the past six (6) months that not only were her statements
false, but that he well could care for his daughter and loved his daughter.
(See Agreement & Order marked Attachment B)
7. Respondent/Father also wanted and still wants to try and do everything he
could and can to demonstrate his love for his wife. He tried everything
possible, even putting aside the clear attempt by his wife to allow her
attorney and the Court to believe that Father had created an atmosphere of
"fear", only so she could gain full control over their daughter, who she
believes is her "possession", not "their" child together.
8. There are no arrests, not even police reports or calls, no attempts at all to get
PFA's- absolutely nothing to back-up the Plaintiff's totally false allegations
about Defendant/Father.
9. Plaintiff/Mother even falsely alleged in her Complaint the fact of who took
care of Alaina when she stated in her filing, "The Child has resided with her
mother since birth." The child always resided from birth with both Mother
and Father who lived together.
10. Respondent's mother, who has a career of taking care of children as a
teacher, became the child's caretaker for six (6) months prior to Mother's
departure, Monday through Friday, all day and Plaintiff/Mother, in taking
the child, never even allowed the grandmother/caretaker to see the baby but
for the 7 hours she allowed, before Father signed the Stipulation There was
no reason for this and it was cruel and painful to the father's mother.
Plaintiff(Mother in her Complaint never even mentioned that Alaina had a
caretaker/grandmother for the six (6) months, (5 days a week) leading up to
her leaving the Respondent/Father. Plaintiff/Mother was not the primary
caretaker, as she alleged in her Complaint.
11. Plaintiff/Mother, in her Complaint, continually tried to "paint" a picture for
the Court and used the words that Father showed "contempt" for Alaina and
"little or no interest in his daughter". This was untrue and such statements
only were made to make the Court believe something that was and is not
factual, so Plaintiff could prevail in taking Alaina away from the father and
his parents.
12. Plaintiff/Mother also states that Father had a bad temper and that he was
"unstable", "anxious" and "volatile". Outrageous false allegations
intentionally concocted by Plaintiff/Mother to continue to create an untrue
"storyline" which has absolutely no documentation whatsoever to support
anyone of her allegations.
13. Respondent/Father has had a consistent, marvelous career with the Federal
Government and is extremely well-liked and greatly respected by all of his
co-workers and those that work for him. He is also well respected by his
friends.
14. Respondent/Father only went to anger/management counseling at his
lawyer's request to demonstrate, which it was, that Father was in no need of
any such counseling, according to the Counselor.
15. Counseling found that Respondent/Father had no anger management issues
at all, and that documentation can be provided to the Court.
16. Respondent/Father also went to counseling to find out what, if any, issues he
could work on to become a better husband. Plaintiff/Mother refused joint
counseling with him.
17. After PlaintifVMother left and took their daughter, Respondent/Father
never said or did anything at all that would indicate he needed to "calm
down". In fact, Respondent/Father was then and is now very patient and
was hoping his wife would calm down. He made absolutely no attempt to
contact her, as her attorney requested.
18. Father wants to be an equal partner with the Plaintiff in raising and loving
their daughter.
19. Respondent/Father asks the Court to Order them both to go to Parenting
Counseling, so they can eventually work together to raise their daughter, so
that she can become all that she can with a positive, strong mental outlook on
life.
20. Father certainly did not want to get into an adversarial or abrasive situation
with his wife over the Custody of their daughter, but Plaintiff/Mother's
Custody Complaint itself made such outrageous, false allegations, that her
untruthful assertions had to be responded to by Father so the Conciliator,
and if need be, the Court, will have both sides of this unfortunate custody
situation, in order to make a balanced decision.
WHEREFORE, the Respondent/Father requests that the Honorable Court
Modify the March Stipulated Agreement and grant the Respondent/Father and
Plaintiff/Mother Joint Physical and Continued Joint Legal Custody of their beloved
daughter, and if the parties cannot, unfortunately work out the schedule themselves,
then Respondent/Father respectfully asks the Conciliator or the Court to make that
determination for them.
u i rocs
Date
, ESQ.
Camp Hill, PA 17011
(717) 236-6491
Counsel for Defendant/Father
I.D. #01782
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF DAUPHIN
I, Herbert Corky Goldstein, Esquire, attorney for Respondent/Father,
verifies that this request for a Modification of the Custody Order is true and correct
to the best of my knowledge. I understand that false statements herein are made
subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification
to authorities.
Date a, RBERT CO OLDSTEIN, ESQ.
Sworn and Subscribed
k,th
Before me this day of
C-Ae) r 12006.
Notary blic
NOTARIAL SEAL
Marjorie A. Wevodau, Notary Public
Carlisle Boro., Cumberland County
My commission expires April 5, 2010
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KIMBERLY I. GROGG IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 06-305 CIVIL ACTION LAW
BENJAMIN A. GROGG
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, October 20, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, November 17, 2006 at 2:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. 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/ Melissa P. Greevy, 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 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
07/
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NOV : p =
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. $-305 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
INTERIM ORDER OF COURT
AND NOW, this O;r day of , 2006, upon consideration
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Kimberly I. Grogg and Benjamin A. Grogg shall
have shared legal custody of the minor child, Elaina Irene Grogg, born September 2, 2004.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding their health, education and religion. Pursuant to the terms
of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining
to the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. All decisions affecting the
child's growth and development including, but not limited to, choice of camp, if any; choice
of child care provider; medical and dental treatment; psychotherapy, or like treatment;
decisions relating to actual or potential litigation involving the children directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
shall be made-with the parents jointly, after discussion and consultation with each other and
with a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody. Mother shall have interim primary physical custody subject
to Father's rights of partial custody which shall be arranged as follows:
A. Commencing November 21, 2006, on alternating Tuesdays, Father will have
custody from 5:15 p.m. until the following morning when he takes the child to
day care.
3
B. Commencing November 24, 2006, on alternating weekends, Father will have
custody from Friday at 5:15 p.m. until Sunday at 6:30 p.m.
NO. 06-305 CIVIL TERM
C. Commencing November 30, 2006, on alternating Thursdays, Father will have
custody from 5:15 p.m. until the following morning when he takes the child to
day care.
3. Transportation: The parent relinquishing custody on the weekend periods of
custody will provide transportation incident to the custodial exchange.
4. Vacation: Each parent shall be entitled to up to two (2) weeks of vacation
which shall be non-consecutive, and shall include the vacationing parent's custodial
weekend. The parties will provide each other with notice of their intended vacation
weekends no later than April 1St of each year. The parent first providing written notice to the
other parent shall have the choice of vacation week in the event that the parties have a
scheduling conflict. Prior to departure, the parties will provide each other with a telephone
number where they can be reached and the location where they will be during the vacation.
5. Elaina's Birthday: The parties shall be as flexible with each other for the
child's birthday, sharing time with her on that day, and shall commit their focus to be on the
quality of Elaina's experience in this celebration.
6. Holidays: The attached holiday schedule shall supercede the regular
schedule.
7. Neither party shall remove the child from the Commonwealth of Pennsylvania
without first providing other parent with an address and phone number where the custodial
party can be reached in the event of an emergency.
8. The parties shall have reasonable telephone contact, e-mails, or other contact
as her age permits, while Elaina is in the other's custody.
9. Father shall use a floating pool alarm for his swimming pool during his periods
of custody of Elaina.
10. Father shall keep his guns locked in a safe place and away from the
ammunition during his periods of custody.
11. The parties shall keep each other advised immediately relative to any
emergencies concerning Elaina, and shall further take any necessary steps to ensure the
health, welfare and wellbeing of Elaina is protected.
12. The parties shall not do not anything that may estrange Elaina from the other
party or hinder the nature development of Elaina's love or affection for the other party.
NO. 06-305 CIVIL TERM
13. The parties shall involve Elaina with both sets of grandparents and
acknowledge that grandparents' time spent with Elaina shall extend from parent's time.
14. The parties shall be flexible in implementing the above agreed-upon schedule
so as to accommodate each other's schedule changes with a view toward a harmonious
policy focused on the child's best interest.
15. A hearing is scheduled in ourtroom Number 03 f the Cumberland County
Courthouse, on the ..44"day of , 200 at I; 6 D o'clock
M., at which time testimony will bet en. For The purposes of the hearing, the Father,
Benjamin A. Grogg shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the, parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of
the anticipated testimony of each witness. These memoranda, lists of exhibits, lists of
witnesses and summaries of anticipated testimony of each witness shall be filed at least
twenty days prior to the hearing date.
E COURT:
Edward E. Guido, J.
Dist: Herbert Corky Goldstein, Esquire, 59 Central Blvd., Camp Hill, PA 17011
Elizabeth B. Stone, Esquire, 414 Bridge Street, New Cumberland, PA 17070
T-151
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90.0 V ?- 0?0 90oz
1`.MIC;i •e'. i"". i 114 .3t'A . 20
GROGG - 06-305 CIVIL TERM
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day (A) From 8am to 3pm the day of the Father Mother
holiday
Easter Day (B) From 3pm to 8pm the day of the Mother Father
holiday
Memorial Day (A) From 8am to 3pm the day of the Mother Mother
holiday
Memorial Day (B) From 3pm to 8pm the day of the Father Father
holiday
Independence.Day (A) From 8am to 3pm the day of the Mother Mother
holiday
Independence Day (B) From 3pm to 8pm the day of the Father Father
holiday
Labor Day (A) From 8am to 3pm the day of the Mother Mother
holiday
Labor Day (B) From 3pm to 8pm the day of the Father Father
holiday
Thanksgiving 1gt Half From 8am to 3pm the day of the Mother Mother
holiday
Thanksgiving 2"d Half From 3pm to 8pm the day of the Father Father
holiday
HOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Christmas 1st Half From 9am on 12/24 to 3pm on 12/25 Mother Father
Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Father Mother
Mother's Day From 9am to 6:30pm Mother Mother
Father's Day From 9am to 6:30pm Father Father
:287531
KIMBERLY I. GROGG,
V.
BENJAMIN A. GROGG,
NOV 3020
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-305 CIVIL TERM
CIVIL ACTION - LAW
Plaintiff
IN CUSTODY
Defendant
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 THE CUSTODY OF
Elaina Irene Grogg September 2, 2004 Mother
2. Father filed a modification for request for joint physical custody and continued
joint legal custody on October 17, 2006. A Custody Conciliation Conference was scheduled
on November 17, 2006. Present for the conference were: the Mother, Kimberly I. Grogg,
and her counsel, Elizabeth B. Stone, Esquire; the Father, Benjamin A. Grogg, and his
counsel, Herbert Corky Goldstein, Esquire. In his Petition, Father sought to modify the
March 23, 2006 Agreement that the parties entered with regard to Elaina's custody. Father
is seeking equally-shared physical custody.
3. The parties reached an agreement as to an interim Order in the form as
attached. However, Father continues to ask for equally-shared physical custody and
therefore requests a hearing in that regard. The Conciliator estimates the hearing will take
no more than one (1) day.
4. Father's position on custody is as follows: Father seeks equal custody to that
of Mother. He proposes a week-on/week-off custodial schedule. Father points out that his
mother has played a substantial role in taking care of the child before the parties' separation
and sees her as a helpful support because of her history of having been a school teacher.
Father is employed full time at the Lebanon VA Hospital. He reports that he is usually home
from work by 5:15 p.m. Father denies Mother's representations that he has an anger
management problem.
. W 11.
NO. 06-305 CIVIL TERM
5. Mother's position on custody is as follows: Mother sees herself as having been
the primary caregiver of the child throughout her short lifetime. She relates concern
regarding Father's anger by explaining that he used to come home from the gym with
bloody knuckles as a result of his zealous workouts. She has expressed a great deal of
concern regarding his emotional volatility and has concerns that he will act upon his anger.
Based on these concerns, Mother does not feel that it is appropriate for him to have equally-
shared physical custody of the child. It is Mother's perception that Father is financially
motivated in his quest to have equal custodial time.
6. The Interim Order attached reflects an agreement of the parties with regard to
changes for the holiday schedule and the physical custody schedule. The remaining terms
of the Order are ones that the parties had agreed to in the Order of March 23, 2006. The
Conciliator adopted these agreements in the absence of an agreement to discontinue or
modify them otherwise.
Da e
Melissa Peel Greevy, Esquire
Custody Conciliator
:287530
KIMBERLY I. GROGG
Plaintiff
VS.
BENJAMIN A. GROGG
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-305 CIVIL TERM
CIVIL ACTION -LAW
IN CUSTODY
MOTION FOR CONTINUANCE
AND NOW, this day of
2006, it is
respectfully requested that the Custody Hearing set for January 24th, 2007 at 20
P.M. be continued to some day in late February, or in March for the following
reasons.
1. Defendant Attorney, who requested this Custody Hearing will be out of
the Country attending the Pennsylvania Bar Association Mid-Winter
Meeting in Mexico during that week.
2. Plaintiffs attorney has no objection to the re-scheduling for late in
February or in March.
3. A letter dated December 11th, 2006 and a copy attached was sent to the
Court advising the Court of the conflict.
Respectfully Submitted,
U .- n
RBERT LD TEIN, ESQ.
Date 59 Central Boule and
Camp Hill, PA 17011
(717) 236-6491
Counsel for Defendant
Supreme Ct. ID 07182
,1%
December 11, 2006
The Honorable Edward E. Guido
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
Re: Grogg v. Grogg Custody
Dear Judge Guido:
You have set January 240' for the Custody Hearing in the above case. They now
are operating under an Interim Order.
I will be attending the Mid-Winter Meeting of the Pennsylvania Bar Association
that week in Mexico, and will be unable to be present. I have called Attorney Liz Stone
and advised her of my conflict.
Could you please set this for sometime in late February or March?
Thank you in advance for your making this change to your schedule.
Respectfully,
A
HERBERT CORKY GOLDSTEIN, ESQ.
HCG:hf
CC: Attorney Liz Stone
KIMBERLY I. GROGG
Plaintiff
VS.
BENJAMIN A. GROGG
Defendant
?,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-305 CIVIL DIVISION
: CIVIL ACTION -LAW
IN CUSTODY
ORDER
I
AND NOW, this day of 200 upon
consideration of the attached Motion For Continuance, the Custody Hearing set for
January 24'h, 2007, at 2:00 P.M. and with the Agreement of the Plaintiff, the
Al a t j ? ry a-) of y: o - ? ".
Hearing is now set for , _ , before Judge Edward E.
Guido in the Cumberland County Court House.
Date-/ "..Z - 0 9
Distribution:
Judge Edward E. Guido
Xrbert Corky Goldstein, Counsel For Defendant
59 Central Boulevard, Camp Hill, PA. 17011
,Jdizabeth B. Stone, Counsel for Plaintiff
414 Bridge Street, New Cumberland, PA 17070
Prothonotary of Cumberland County
Benjamin A. Grogg, Defendant
Kimberly I. Grogg, Plaintiff
VNrVAIASNN3d
J?tNC1C,..
6£ tt ? C- NVfi LOU
3HI AO
KIMBERLY L. GROGG
Plaintiff
VS.
BENJAMIN A. GROGG
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,PENNSYLVANIA
NO. 06-305 CIVIL DIVISION
CIVIL ACTION -LAW
IN CUSTODY
MOTION FOR CONTINUANCE -- SECOND REQUEST
AND NOW, this day of , 2007, it is
respectfully requested that the Custody Hearing set for January 24'', 2007 at 2P.M.
be continued to some time in April that is open for the Court.
1. Defendant Attorney, who requested this Custody Hearing unfortunately
will be out of the State in Atlanta, Georgia, attending a family wedding.
2. Defendant also wants to give he and the Plaintiff themselves more time to
try and amicably work out a custody schedule that would much more
equitably divide their daughter's time with each parent, and hopefully
forego the necessity for Court intervention.
3. Plaintiff's attorney has no objection to the re-scheduling for another date
in April.
4. This is the second request for a continuance.
Submitted,
Date
59 Uentral Boulevard
Camp Hill, PA 17011
(717) 236-6491
Counsel for Defendant
Supreme Ct. ID 07182
, ESQ.
c?a ?1
N
?
x_
1f1TJ
JAN 1 3 2007
KIMBERLY L. GROGG : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-305 CIVIL DIVISION
BENJAMIN A. GROGG CIVIL ACTION -LAW
Defendant IN CUSTODY
JI
ORDER
1/
AND NOW, this day of 2007, upon
consideration of the attached Motion For Continuance, the Custody Hearing set for
March 2°d, 2007, at 9:30 A.M., and no objection from,, the Plaintiff, the Hearing is
now set for 1ktA 70 before Judge Edward E.
Guido in the Cumberland County Court House.
Date
Distribution:
Heirbert{Corky Goldstein, Counsel for Defendant
59 Central Boulevard, Camp Hill, PA. 17011
Elizabeth B. Stone, Counsel for Plaintiff
414 Bridge Street, New Cumberland, PA. 17070
Prothonotary of Cumberland County
Benjamin A. Grogg, Defendant
Kimberly I. Grogg, Plaintiff
Judge Edward E. Guido
C 1 'a! t !j
°v F` t l LvLi
r
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2006 -06-305 CIVIL TERM
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this U daY of June 2008, by and between KIMBERLY I.
GROGG, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and
BENJAMIN A. GROGG, of Cumberland County, Pennsylvania, (hereinafter referred to as
"Husband").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on September 27, 2003, and
WHEREAS, one minor child has been born of this marriage, and
WHEREAS, the parties have heretofore resolved those matters of custody of their minor
daughter, Elaina Irene Grogg, born September 2, 2004, and have entered into an agreement which
has been filed with the Prothonotary and with an Order of Court dated March 23, 2006.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart for the rest of
Page 1 of 13
their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation
by specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband
by Wife; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. Disclosure of Assets. Each party asserts that he or she has made a full and fair
disclosure of all of the real and personal property of any nature whatsoever belonging in any way
to each of them of all debts and encumbrances incurred in any manner whatsoever by each of
them, of all sources and amounts of income received or receivable by each party, and of every
other fact relating in any way to the subject matter of this agreement. These disclosures are part
of the consideration made by each party for entering into this agreement.
2. Advice of Counsel. Each party has been represented by an independent attorney, who
was selected by the party whom he or she represents, in the negotiation and preparation of this
agreement which has been fully explained to each party by that party's attorney. Wife has been
represented by Elizabeth B. Stone, Esquire, and Husband has been represented by Elizabeth S.
Page 2 of 13
Beckley, Esquire. Each party has carefully read this agreement and is completely aware, not
only of its contents, but also of its legal effect.
3. Preparation of Agreement. This agreement has been prepared by the attorney for
the Wife. Each party has read this agreement carefully and thoroughly, fully understands each of
its provisions, and therefore signs it freely and voluntarily.
4. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of
either party of the lawfulness or unlawfulness of the causes leading to their living apart.
5. Freedom from Interference. Each party shall be free from interference, authority,
and contact by the other, as fully as if he or she were single and unmarried except as may be
necessary to carry out the provisions of this agreement. Neither party shall molest the other or
attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any
way harass or malign the other, nor in any way interfere with the peaceful existence, separate
and apart from the other.
6. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-
claim and forever discharge the other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or
against the property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of such
Page 3 of 13
other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or
widower's rights, family exemption or similar allowance, or under the intestate laws, or the right
to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of
the United States, or (c) any other country, or any rights which Wife or Husband may have or at
any time hereafter have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation
or otherwise, except, and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this agreement or for the breach of any provision
thereof. It is the intention of Wife and Husband to give to each other by the execution of this
agreement a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and
only except all rights and agreements and obligations of whatsoever nature arising or which may
arise under this agreement or for the breach of any provision thereof, subject, however, to the
implementation and satisfaction of the conditions precedent as set forth herein.
7. Warranty as to Future Obligations. Each party represents that they have not
contracted any debt or liability for the other for which the estate of the other party may be
responsible or liable, and that except only for the rights arising out of this agreement, neither
party will hereafter incur any liability whatsoever for which the other party or the estate of the
other party, will be liable. Each party agrees to indemnify and hold the other party harmless
Page 4 of 13
-5?-
from and against all future obligations of every kind incurred by them, including those for
necessities.
8. Debts and Obligations. Husband represents and warrants to Wife that, since their
separation, Husband has not, and in the future will not, contract or incur any debt or liability for
which the Wife or her estate might be responsible and shall indemnify and save Wife harmless
from any and all claims or demands made against her by reason of debt or obligations incurred
by him.
Wife represents and warrants to Husband that, since their separation, Wife has not, and in
the future will not, contract or incur any debt or liability for which the Husband or his estate
might be responsible and shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debt or obligations incurred by her
9. Personal Property. Wife and Husband do hereby acknowledge that they have
heretofore divided the marital property including, but without limitation, jewelry, clothes,
furniture and other personalty and hereafter Wife agrees that all of the property in the possession
of Husband shall be the sole and separate property of Husband; and, Husband agrees that all
property in the possession of Wife shall be the sole and separate property of Wife. Each of the
parties does hereby specifically waive, release, renounce and forever abandon whatever claims,
if any, she or he may have with respect to any of the above items which are the sole and separate
property of the other.
10. Personal Property located at 314 Woodland Avenue, New Cumberland. Wife
hereby agrees to set over, transfer and assign all of her right, title and interest to any and all
furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, and
Page 5 of 13
any household goods of whatever nature which are presently located or situated in the residence
at 314 Woodland Avenue, New Cumberland 17070.
11. Cash. All cash presently in the possession of either party shall be and remain their
separate property, free and clear of any claim whatsoever on the part of the other.
12. Pension/Retirement. Husband and Wife do hereby waive any and all interest which
they may have in the any and all retirement accounts of the other.
13. Automobiles to Husband. 'The Husband shall be the sole owner, free and clear
from any claim on the part of the Wife, of the Volvo, and the 2001 Dodge Ram, or their
replacements. If necessary, Wife shall deliver executed certificate of title, sales and use tax form
and any other documents necessary to convey title within ten days of a request from Husband.
14. Automobile to Wife. The Wife shall be the sole owner, free and clear from any
claim on the part of the Husband, of the 2002 Jeep Liberty, or its replacement. If necessary,
Husband shall deliver executed certificate of title, sales and use tax form and any other
documents necessary to convey title within ten days of a request from Wife.
15. Property Not Provided For. The parties hereto agree that they have, by the terms
of this agreement, settled, to their mutual satisfaction, all rights that either may have in their
property, whether owned by them jointly or separately, real and personal, and wheresoever
situated. Any property not specifically provided for in this agreement, which the Husband or
Wife owns or has the right to control or possess, shall be and remain his or her property, free and
clear from any claim on the part of the other.
16. Real Estate. The parties have heretofore agreed that Husband shall remain in the
marital home located at 314 Woodland Avenue, New Cumberland, Cumberland County,
Page 6 of 13
Pennsylvania, currently assessed at $150.000.00. Wife hereby agrees to convey, transfer and
grant to Husband her right, title and interest in the real estate situated and located at 314
Woodland Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070 (the "Real
Property"). Husband shall remove Wife from said obligation(s) by refinancing or assuming the
Home Equity Mortgage from Members' 1' Federal Credit Union into his name alone within
thirty (30) days from the date this agreement is last signed by the parties. In the event: (1)
Husband is unable to or fails to timely secure a commitment for such assumption or refinancing;
or (2) Husband fails to complete such refinancing and/or completely remove Wife from
responsibility for said obligation(s) within the time period set forth above; or (3) Wife makes any
payments on the mortgage, or for real estate taxes or insurance on the Real Property because of
Husband's failure to do so, Wife may, at her option, demand that the Real Property be sold at a
price to be agreed upon by the parties or, if the parties are unable to agree, at a price equal to
ninety (90%) per cent of the then appraised value of the Real Property, the net proceeds (i.e. net
of closing costs on said sale) of which shall be applied: first, to satisfy the mortgage(s) and any
other monetary encumbrances against the Real Property, second, to pay to Wife any payments
required of Husband hereunder, and third, any remaining net proceeds to be paid to Husband,
and Wife agrees to execute a quit claim deed at the time of Husband's assumption or refinance of
the mortgages to convey all of her rights and interests to said property, including but not limited,
Wife will give to Husband all equity in the Real Property. From the date of this agreement,
Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, insurance
claims, damages or other expenses incurred in connection with the Real Property, and Husband
agrees and covenants to hold Wife harmless from any such liability or obligation.
Page 7 of 13
17. Waiver of Alimony. The parties herein acknowledge that by this agreement they
have each respectively secured and maintained a substantial and adequate fund with which to
provide themselves sufficient financial resources to provide for their comfort, maintenance and
support in the station of life in which they are accustomed. Wife and Husband do hereby waive,
release and give up any rights they may respectively have against the other for alimony, support,
and alimony pendente lite.
18. College Loans. The parties herein acknowledge that by this agreement they each of
them will be solely responsible for the full payment of any individual college and/or higher
education loans or debts in their individual names.
19. Enforcement. If either party shall bring an action or other proceeding to enforce
this agreement, or to enforce any judgment, decree or order made by a court in connection with
this agreement or the divorce of the parties, the prevailing party shall be entitled to reasonable
attorney's fees from other party.
20. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of
them will be solely responsible for the full payment of all attorney's fees and other costs
heretofore and hereafter incurred, respectively, by each of them in connection with the
negotiation, preparation, and execution of this agreement, and in connection with any action
commenced by either party with respect to the divorce of the parties. Each party further agrees
hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and
expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid
attorney's fees and other costs.
Page 8 of 13
21. Informed and Voluntary Execution. Each party to this agreement acknowledges
and declares that he or she, respectively:
A. Is fully and completely informed as to the facts relating to the subject matter
of this agreement and as to the rights and liabilities of both parties.
B. Enters into this agreement voluntarily after receiving the advice of
independent counsel, free from fraud, undue influence, coercion or duress of any kind.
C. Has given careful and mature thought to the making of this agreement.
D. Has carefully read each provision of this agreement.
E. Fully and completely understands each provision of this agreement.
22. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith,
or at any time hereafter on the demand of the other, execute any other documents or instruments,
and do or cause to be done any other acts and things as may be necessary or convenient to carry
out the intents and purposes of this agreement.
23. Severability. If any provision in this agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforce-able, the remaining provisions shall nevertheless
continue in full force and effect without being impaired in invalidated in any way.
24. Reconciliation. If there should be a reconciliation of the parties after the date of
execution of this agreement, this agreement shall nevertheless continue in full force until it is
modified or abrogated by another written instrument to that effect signed by each of the parties
hereto.
25. Future Earnings. All income, earnings or other property received or acquired by
either party to this agreement on or after the date of execution of this agreement shall be the sole
Page 9 of 13
??6
and separate property of the receiving or acquiring party. Each party, as of the effective date of
this agreement, does hereby and forever waive, release and relinquish all right, title and interest
in all such income, earnings or other property so received or acquired by the other.
26. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he
or she may have to request any court to equitably distribute the marital property of the parties or
to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the
express intention of the parties hereto to fully settle all claims which they have with respect to
each other in this agreement. Each of the parties further agree to consent to the entry of a Decree
in Divorce.
27. Waiver of Breach. The waiver of any term, condition, clause or provision of this
agreement shall in no way be deemed or considered a waiver of any other term, condition, clause
or provision of this agreement.
28. Survival of Agreement. If any term, condition, clause or provision of this
agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the
termination of the marriage relationship presently existing between the parties hereto, said term
or terms, condition or conditions, clause or clauses, provision or provisions, shall be so
construed, being the express intention of both parties hereto to have this agreement govern their
relationship now or hereafter, irrespective of their marital status.
29. Jurisdiction. This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction and
venue of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any
Page 10 of 13
suit or action brought with respect to this agreement or any provisions or matters referred to in
any provisions thereof.
30. Agreement Binding on Parties and Heirs. This agreement shall be binding in all
its terms, conditions, clauses and provisions of the parties hereto and their respective heirs,
administrators, executors and assigns.
31. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day
waiting period, which has already passed, to execute all Affidavits of Consent and other
documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the
Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken.
32. Incorporation of Agreement into Divorce. The parties agree that this document
shall be filed with the Prothonotary to the civil action docketed at Cumberland County No. 06-
305, a motion shall be filed that, shall incorporate this agreement into the divorce decree, and
shall never merge with the divorce decree.
This space left intentionally blank.
Page 11 of 13
33. Headings. The headings or captions preceding the paragraphs in this agreement
are inserted for convenience of reference only and shall not be construed in interpreting this
agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year above first written.
a
KIMBERLY _ GG
41
B NJ IN A. GR GG
Page 12 of 13
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
. ss.
On this, the ?\ day of ?vr? 2008, before me, a Notary Public, the undersigned
officer, personally appeared Kimberly I. Grogg, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that she executed the same for the
purposes therein contained.
otary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEA
CAROL L. TROXELL
New Cumberland Boro Cumberland Lary Public
MY Commission Expires Dec. Co.
27, 2009
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF WA? : : On this, the r day , 2008 , before me, a Notary Public, the undersigned
officer, personally appeared Benjamin A. Grogg, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same for the
purposes therein contained.
Notary Public
COMMONWEALTH OF PENNSYLVN M
NOTARIAL SEAL
ELIZABETH S. BECKLEY, Notary Pubk
City of Harrisburg, Dauphin Coufy
My Canmisfdon Boras Mm h 17, 2009
Page 13 of 13
CYJ
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006 -06-305 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 8, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this Affidavit 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 falsifica-
tion to authorities.
Date: 6 / & 0 (1 B
KIMBERLY k?"TLAINI UP
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006 -06-305 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit 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 falsifica-
tion to authorities.
Date: (y U b B
KIMBERLY I nINTIFF----)
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006 -06-305 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 8, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this Affidavit 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 falsifica-
tion to authorities.
Date: i By:
BENJ 1N A. GROGG, D ANT
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006 -06-305 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit 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 falsifica-
tion to authorities.
Jz 4 ?
Date: ?Q By:
EN J(AMIN A. GROGG, D ANT
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KIMBERLY I. GROGG,
Plaintiff
V.
BENJAMIN A. GROGG,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006-06-305 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a divorce decree:
Ground for divorce: irretrievable breakdown under Section ® 3301C ? 3301D of the
Divorce Code. (Check applicable code)
2. Date and manner of service of the complaint January 17, 2006, via service upon Defendant,
Benjamin A. Grogg, by United States Certified Mail, postage prepaid, restricted delivery.
3. (Complete either paragraph (A) or (B).)
(A) Date of execution of the affidavit of consent required by Section 3301(c) of the
divorce code: By plaintiff 06106108 by defendant 06113108
(B) (1) Date of execution of the affidavit of consent required by section 3301(c) of the
divorce code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent
4. Related claims pending: No claims raised
5. (Complete either (A) or (B).)
(A) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(B) Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary:
Date defendant's Waive.
Prothonotary:
By:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
KIMBERLY I. GROGG,
N 0. 2006-06-305
VERSUS
BENJAMIN A. GROGG,
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
DECREED THAT KIMBERLY I. GROGG
, PLAINTIFF,
AND BENJAMIN A. GROGG
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Property Settlement Agreement dated June 13, 2008, is hereby
incorporated but not merged into the Decree in Divorce.
BY T T:
ATTEST: J.
PROTHONOTARY
4
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AQV
Emily Long Hoffman, Esquire
Attorney I.D. #66307 Attorney for Petitioner
255 Market Street
Millersburg, PA 17061
(717)233-1112
KIMBERLY I. GROGG :IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA
V.
BENJAMIN A. GROGG
Defendant/Petitioner
NO. 06-305 CIVIL TERM
:CIVIL ACTION - LAW
:CUSTODY
PETITION FOR CUSTODY MODIFICATION
AND NOW comes Benjamin A. Grogg (Father) by and through his attorney, Emily Long
Hoffinan, and in support of his Petition for Custody Modification avers as follows:
1. Petitioner is Benjamin Grogg, Plaintiff, (Father) 314 Woodland Avenue, New Cumberland,
PA 17070.
2. Plaintiff is Kimberly I. Grogg (Mother).
3. The parties are the parents of the minor child namely Elaina Irene Grogg, born September 2,
2004.
4. Mother has primary physical custody of the child per the Court Order of December 1, 2006
which is attached hereto as Exhibit "A".
5. Father desires primary physical custody of the minor child.
6.. Mother resides with the minor child.
7. Father resides by himself.
8. Father desires additional time with his daughter.
9. It is in the best interests of the child to grant Father's request for primary physical custody.
WHEREFORE, Father requests that this Honorable Courtgrant him primary custody of
the minor child.
Date: 3/25/09
R ectfully submitted,
E ly L ng Iloffrnan
Sup Ct ID # 66307
255 Market Street
Millersburg, PA 17061
(717) 233-111.2
Attorney for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the attached document was served on the
person(s) named below by First Class, U.S. Mail addressed as below on this day:
Elizabeth B. Stone, Esquire
P.O. Box E
New Cumberland, PA 17070
tml pe ctfully submitted,
ly Long Hoffinan
Sup Ct ID # 66307
255 Market Street
Millersburg, PA 17061
(717) 233-1112
Attorney for Petitioner
Date: - _ ?j
NOV 3 0
KIMBERLY I. GROGG, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : oLO NO. "P-305 CIVIL TERM
V.
: CIVIL ACTION - LAW
BENJAMIN A. GROGG, :
3
IN CUSTODY
Defendant :
INTERIM ORDER OF COURT
AND NOW, this day of 2006, upon consideration
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Kimberly 1. Grogg and Benjamin A. Grogg shall
have shared legal custody of the minor child, Elaina Irene Grogg, bom September 2, 2004.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding their health, education and religion. Pursuant to the terms
of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining
to the child including, but not limited to, medical, dental, religious or school records, the
residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. All decisions affecting the
child's growth and development including, but not limited to, choice of camp, if any; choice
of child care provider; medical and dental treatment; psychotherapy, or like treatment;
decisions relating to actual or potential litigation involving the children directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
shall be made with the parents jointly, after discussion and consultation with each other and
with a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Customs. Mother shall have interim primary physical custody subject
to Father's rights of partial custody which shall be arranged as follows:
A. Commencing November 21, 2006, on altemating Tuesdays, Father will have
custody from 5:15 p.m. until the following morning when he takes the child to
day care.
3. Commencing November 24, 2006, on alternating weekends, Father will have
ustody from Friday at 5:15 p.m. until Sunday at 6:3.0 p.m.
A
NO. 06-305 CIVIL TERM
C. Commencing November 30, 2006, on alternating Thursdays, Father will have
custody from 5:15 p.m. until the following morning when he takes the child to
day care.
3. Transportation: The parent relinquishing custody on the weekend periods of
custody will provide transportation incident to the custodial exchange.
4. Vacation: Each parent shall be entitled to up to two (2) weeks of vacation
which shall be non-consecutive, and shall include the vacationing parent's custodial
weekend. The parties will provide each other with notice of their intended vacation
weekends no later than April 1St of each year. The parent first providing written notice to the
other parent shall have the choice of vacation week in the event that the parties have a
scheduling conflict. Prior to departure, the parties will provide each other with a telephone
number where they can be reached and the location where they will be during the vacation.
1 5. Elaina's Birthday: The parties shall be as flexible with each other for the
child's birthday, sharing time with her on that day, and shall commit their focus to be on the
quality of Elaina's experience in this celebration.
6. Holidays: The attached holiday schedule shall supersede the regular
schedule.
7. Neither party shall remove the child from the Commonwealth of Pennsylvania
without first providing other parent with an address and phone number where the custodial
party can be reached in the event of an emergency.
8. The parties shall have reasonable telephone contact, e-mails, or other contact
as her age permits, while Elaina its in the other's custody.
9. Father shall use a floating pool alarm for his swimming pool during his periods
of custody of Elaina.
10. Father shall keep his guns locked in a safe place and away from the
ammunition during his periods of custody.
11. The parties shall keep each other advised immediately relative to any
emergencies concerning Elaina, and shall further take any necessary steps to ensure the
health, welfare and wellbeing of Elaina is protected.
12. The parties shall not do not anything that may estrange Elaina from the other
party or hinder the nature development of Elaina's love or affection for the other party.
NO. 06-305 CIVIL TERM
13. The parties shall involve Elaina with both sets of grandparents and
acknowledge that grandparents' time spent with Elaina shall extend from parent's time.
14. The parties shall be flexible in implementing the above agreed-upon schedule
so as to accommodate each other's schedule changes with a view toward a harmonious
policy focused on the child's best interest.
15. A hearing is scheduled in Courtroom Number 3 f the Cumberland County
Courthouse, on the -A? day of !rte , 200r , at 9_ D 40 o'clock
A.M., at which time testimony will bet en. For '%e purposes of the hearing, the Father,
Benjamin A. Grogg shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of
the anticipated testimony of each witness. These memoranda, lists of exhibits, lists of
witnesses and summaries of anticipated testimony of each witness shall be filed at least
twenty days prior to the hearing date.
THE COURT:
Edward E. Guido, J.
Dist: Herbert Corky Goldstein, Esquire, 59 Central Blvd., Camp Hill, PA 17011
Elizabeth B. Stone, Esquire, 414 Bridge Street, New Cumberland, PA 17070
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GROGG - W305 CIVIL TERM
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day (A) From Sam to 3pm the day of the Father Mother
holiday
Easter Day (B) From 3pm to 8pm the day of the Mother Father
holiday
Memorial Day (A) From 8am to 3pm the day of the Mother Mother
holiday
Memorial Day (B) From 3pm to 8pm the day of the Father Father
holiday
Independence Day (A) From 8am to 3pm the day of the Mother Mother
holiday
independence Day (B) From 3pm to 8pm the day of the Father Father
holiday
Labor Day (A) From 8am to 3pm the day of the Mother Mother
holiday
Labor Day (B) From 3pm to 8pm the day of the Father Father
holiday
4 Thanksgiving 1s` Hatf From 8am to 3pm the day of the Mother Mother
holiday
Thanksgiving 2nd Half From 3pm to 8pm the day of the Father Father
holiday
i
FILED
OF THE F- ?TORY
2009 APR 13 P 4: 26
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KIMBERLY 1. GROGG IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BENJAMIN A. GROGG
DEFENDANT
2006-305 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, April 21, 2009 , 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, May 14, 2009 at 9:00 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/ Dawn 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
OIF
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2069 APR 22
.if.i
JUN 1 5 2099
KIMBERLY I. GROGG
Plaintiff
VS.
BENJAMIN A. GROGG
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2006-305
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
1
AND NOW, this l6 day of , 2009, upon
consideration of the attached Custody Conciliation port, it is ordered and directed as follows:
1. The prior Order of this Court dated December 1, 2006 shall continue in effect as modified
by this Order.
2. Beginning Monday, June 15, 2009, the Father shall have partial physical custody of the
Child on alternating weekends from Thursday at 5:15 p.m. until Sunday at 6:30 p.m. In addition,
during weeks following the Father's weekend period of custody, the Father shall have custody of the
Child from Tuesday at 5:15 p.m. through the following morning at a time to be arranged by agreement.
During weeks following the Mother's weekend periods of custody, the Father shall have custody of the
Child from Monday at 5:15 p.m. through Tuesday morning, at a time to be arranged by agreement
between the parties.
3. In 2009, the Father's vacation period of custody shall run from June 5 through June 12 and
from July 17 through July 24 and the Mother's periods of vacation custody shall run from June 22
through June 28 and from August 3 through August 9.
4. The parties and counsel shall attend a follow-up custody conciliation conference in the
office of the conciliator, Dawn S. Sunday on Tuesday, November 17, 2009 at 9:00 a.m. to review the
custody schedule.
5. 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 TZt COURT
Edward t. Guido
cc: ?E izabeth B. Stone, Esquire - Counsel for Mother
Imily Long Hoffman, Esquire - Counsel for Father
J.
3
KIMBERLY I. GROGG
Plaintiff
VS.
BENJAMIN A. GROGG
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2006-305
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
Elaina Irene Grogg September 2, 2004 Mother
2. A custody conciliation conference was held on May 14, 2009, with the following individuals
in attendance: the Mother, Kimberly I. Grogg, with her counsel, Elizabeth B. Stone, Esquire, and the
Father, Benjamin A. Grogg, with his counsel, Emily Long Hoffinan, Esquire.
3. The parties agreed to entry of an Order in the form as attached, although counsel for the
parties requested that the conciliator hold the filing of the Report and Order until the parties had come
to an agreement as to when the new schedule would begin.
- '-? 9 boa ?/
Da e
60?=?
Dawn S. Sunday, Esquire
Custody Conciliator
OF THE- F,;t'
2039 JU1111 17 AM 10: 19
KIMBERLY I. GROGG
Plaintiff
vs.
BENJAMIN A. GROGG
Defendant
DEC 2120090
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2006-305 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this des),4-day of 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated June 16, 2009 shall continue in effect as modified by
this Order.
2. The parties shall make arrangements for the Child to participate in play therapy with a
professional to be selected by agreement between the parties with the assistance of counsel. Any costs
of the therapy for the Child which are not covered by insurance shall be shared equally between the
parties. The parties shall select the counselor and contact the counselor's office as soon as possible to
initiate the play therapy.
3. For the Christmas holiday in 2009, the Father shall transport the Child to the Mother's
residence at 3:00 p.m. on Christmas Eve so that the Mother can have time with the Child prior to the
church Christmas program. Following the church Christmas program, the Child shall return to the
Father's custody for the remainder of his holiday period of custody. In 2010 and continuing thereafter,
Segment A of the Christmas holiday shall run from Christmas Eve at 3:00 p.m. through Christmas Day
at 3:00 p.m., and Segment B shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00
p.m. In even numbered years, the Mother shall have custody of the Child during Segment A and the
Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of
the Child during Segment A and the Mother shall have custody during Segment B.
4. The parties agree to continue to cooperate in discussing the possibility of initiating co-
parenting counseling for the parties and/or to obtain a custody evaluation.
3
5. Counsel for either party may contact the conciliator within six months of the date of this
Order to schedule a follow-up custody conciliation conference, if necessary.
6. 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.
B
Edward E. Guido J.
cc: l2beth B. Stone, Esquire - Counsel for Mother
?Emily Long Hoffman, Esquire - Counsel for Father
t E.S ?Yl? l [mil,
J
KIMBERLY I. GROGG
Plaintiff
vs.
BENJAMIN A. GROGG
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2006-305 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
Elaina Irene Grogg September 2, 2004 Mother
2. A custody conciliation conference was held on December 17, 2009, with the following
individuals in attendance: the Mother, Kimberly I. Grogg, with her counsel, Elizabeth B. Stone,
Esquire, and the Father, Benjamin A. Grogg, with his counsel, Emily Long Hoffman, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
'Ry
4.
7009 DEC 22 Pi 3. 52
3
KIMBERLY I. GROGG IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2006-305 CIVIL ACTION LAW
BENJAMIN A. GROGG
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~ day of 2010, upon
consideration of the attached Custody Conciliation Report, it is dered and directed as follows:
1. The prior Order of this Court dated June 16, 2009 is vacated and replaced with this Order.
2. The Father shall have partial physical custody of the Child on alternating weekends from
Friday at 5:15 p.m. through Sunday at 6:30 p.m. During weeks following the Father's weekend
periods of custody, the Father shall have custody from Wednesday at 5:15 p.m. through Friday when
the Father shall drop off the Child at school/daycare and during weeks following the Mother's
weekend period of custody, the Father shall have custody from Tuesday at 5:15 p.m. through
Wednesday when the Father shall transport the Child to school or daycare.
3. The parties shall make arrangements for the Child to participate in play therapy with one of
the counselors identified by the parties and counsel at the custody conciliation conference. Preference
shall be given to a certified play therapist who accepts the parties' health care insurance. The purpose
of the play therapy shall be to address concerns which the parties have raised concerning the Child's
emotional well-being and to obtain guidance and recommendations. Within two weeks of the date of
this Order, the parties shall select the play therapist based upon availability and costs and shall
schedule the initial session for the earliest available time period.
4. The parties shall participate in co-parenting counseling at Starobin & Blanc Counseling
Services. The purpose of the counseling shall be to address issues related to the termination of the
parties' marriage which continue to affect their ability to co-parent and to assist them in establishing
sufficient communication and cooperation to enable them to effectively co-parent their Child. All
costs of the counseling shall be shared equally between the parties for joint sessions and each party
shall pay for his or her individual sessions. The parties shall make arrangements to begin the co-
parenting counseling promptly following the conciliation conference.
5. The Father shall have periods of summer vacation in 2010 from July 12 through July 18 and
from August 13 at 5:15 p.m. through August 20 at 5:15 p.m.
6. The parties shall cooperate in scheduling a makeup period of overnight custody for the
Father for the period of time he will miss for his graduation from August 9 through August 12, 2010.
7. 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.
B E COURT,
Edward E. Guido J.
cc: ~ Elizabeth B. Stone, Esquire -Counsel for Mother
~/ Emily Long Hoffinan, Esquire -Counsel for Father
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KIMBERLY I. GROGG
vs.
1N THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
2006-305 CIVIL ACTION LAW
BENJAMIN A. GROGG
Defendant
Prior Judge: Edward E. Guido
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
Elaina I. Grogg September 2, 2004 Mother
2. A custody conciliation conference was held on June 30, 2010, with the following individuals
in attendance: the Mother, Kimberly I. Grogg, with her counsel, Elizabeth B. Stone, Esquire, and the
Father, Benjamin A. Grogg, with his counsel, Emily Long Hoffman, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
0 ~o ~( r
Date Dawn S. Sunday, Esquire
Custody Conciliator
Emily Long Hoffman, Esquire
Attorney I.D. #66307
255 Market Street
Millersburg, PA 17061
(717) 979.8849
KIMBERLY I. GROGG
Plaintiff/Respondent
Attorney for Petitioner
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Cl)
V. :NO. 06-305 CIVIL TERM c
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BENJAMIN A. GROGG :CIVIL ACTION - LAW -or-
Defendant/Petitioner :CUSTODY
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PETITION FOR MODIFICATION OF CUSTODY ORDER D z EI rn
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AND NOW comes Benjamin A. Grogg (Father) by and through his attorney, Emily Ld*
Hoffinan, and in support of his Petition for Modification of Custody Order and Renewed
Contempt avers as follows:
1. Petitioner is Benjamin Grogg, Plaintiff, (Father), who has resided at 1263 Summit Way
Mechanicsburg, PA 17050 since June 2010.
2. Plaintiff is Kimberly I. Grogg (Mother), who has resided at 410 Mercury Drive,
Mechanicsburg, PA since 2008.
3. The parties are the parents of the minor child namely Elaina Irene Grogg, born September 2,
2004, age 6.
4. The Orders guiding this matter are as follows: an agreed Order of December 1, 2006;
(Exhibit 1); an amendment to that Order dated June 16, 2009 (Exhibit 2), an amendment dated
December 22, 2009 (Exhibit 3) and an amendment to that Order dated July 12, 2010.
5. The parties have shared legal custody ; Mother has interim primary physical custody and
Father has partial physical custody per the Court's Orders.
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6. The original purpose of the December 22, 2009, custody conference to was to entertain
Father's request for one more night with the child and to pick up the child directly from her
YMCA after school care.
7. During the conference, however, the parties were sidetracked by Mother's allegations that the
minor child had to be seen by the guidance counselor at her school several times and the
representations by Mother that something was very wrong with the child.
8. The parties agreed to have the child engage in play therapy due to Mother's representations
during the December 22, 2009, conciliation conference that the child was suffering emotionally
and that she had been to the school counselor several times.
9. Father had to file the contempt order in June so the Mother would agree to have the child seen
by a child therapist. Child's first appointment was November 1, nearly 11 months after the
parties agreed to have the child seen by a therapist. Father also filed a contempt action in order
to prove that Mother's allegations -- intimating that the child was regularly being seen by the
school guidance counselor and that the visits were initiated by the school -- were false. The child
was seen only one time and this was at the Mother's request.
9. Father is seeking modification of the custody arrangement for the following reasons:
a. Father recently built a home and moved within 1.5 miles of Mother's home and within
the same school district as Mother so that he could have more time with his daughter.
b. Father has been seeking equal time with Elaina since the parties separated in 2006.
c. Father has been seeking Mother's agreement to allow him to pick up the minor child
directly from daycare since 2009 and Mother continues to refuse to allow him to do so.
d. By letter dated September 2, 2010, Father, through his attorney, requested more
holiday time and scheduled days off from school with the child and again requested that he be
permitted to pick up the child directly from the bus stop. (Please see Exhibit 4).
e. Mother responded through her attorney by letter dated September 17, 2010, and stated
that if Father desires to make any changes, he will have to petition the court and go forward with
the Judge. (Please see Exhibit 5)
f. Mother equates Father's attempts to see his child as harassment.
g. Mother moved out of the marital home with the minor child in 2006 when Husband
was on a hunting trip and did not tell Father where Elaina was for three weeks.
h. Father, since that time has sought equally shared custody of the minor child so that he
would have less interference in his relationship with his daughter by Mother and so that he has a
bigger part in his daughter's life
10. Father is seeking equally shared physical custody of the minor child, or primary physical
custody of the minor child in the best interests of the child.
WHEREFORE, Father requests that this Honorable Court grant his Petition requesting
equally shared custody of the minor child, or, if the Court deems it in the best interest of the
child, primary physical custody of the minor child and to allow Father and/or Father's wife to
pick up the minor child directly from school or the day care provider.
Respectfully submitted,
i
Emily Long ffman
Sup Ct ID # 66307
255 Market Street
Millersburg, PA 17061
(717) 979.8849
Attorney for Petitioner
Date: 1 kh5h-o 1 c3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the attached document was served on the
person(s) named below by First Class, U.S. Mail addressed as below on this day:
Elizabeth B. Stone, Esquire
P.O. Box E
New Cumberland, PA 17070
Respectfully submitted,
ly Lon Hoffinan
Sup Ct ID # 66307
255 Market Street
Millersburg, PA 17061
(717) 979-8849
Attorney for Petitioner
Date: I V, . I ", , v
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KIMBERLY I. GROGG IN THE COURT OF COMMON PLEAS OF n o °
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PLAINTIFF PENNSYLVAp49
CUMBERLAND COUNTY
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BENJAMIN A. GROGG > c F;3
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IN CUSTODY
DEFENDANT CO
ORDER OF COURT
AND NOW, Thursday, November 18, 2010 , 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 Monday, December 06, 2010 at 9:00 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/ Dawn S. Sunda 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.
? ? ?- i9? for 6 d'4l
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Emily Long Hoffman, Esquire
Attorney I.D. #66307 Attorney for Defendant
255 Market St.
Millersburg, PA 17061
(717) 979-8849
KIMBERLY I. GROGG :IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA--:,
V. :NO. 06-305 CIVIL TERM
-or"
BENJAMIN A. GROGG :CIVIL ACTION - LAW I Ul?
Defendant/Petitioner :CUSTODY
DEFENDANT'S MOTION FOR TELEPHONE TESTIMONY fJa ?
Rule 1930.3 of the Pennsylvania Rules of Civil Procedure allows the Court to take
testimony by the use of electronic means and therefore Defendant (Father) requests that his
Motion for Telephone testimony be granted for the reasons that follow:
1. There is a hearing scheduled before this Honorable Court on Monday, February 28, 2011, at
9:30 a.m. which hearing is to entertain Defendant/Petitioner's request for Modification of
Custody.
2. Father will be calling, among others, two witnesses to testify on his behalf and those
witnesses will be out of town on the day of the hearing.
3. Father's witness, David Staudt works in the Pittsburgh office of the Veteran's Administration
and is Defendant's boss and due to Mr. Staudt's work schedule is unavailable to testify in
person.
4. David Staudt will testify regarding Father's work schedule.
5. Father's witness, Patrick Simcox, is on vacation in Vermont and is, therefore, unavailable to
testify in person.
6. Father requests that David Staudt and Patrick Simcox be permitted to testify via telephone.
7. Plaintiff/Respondent (Mother)I is in agreement with Father's request to allow David Staudt
and Patrick Simcox to testify via telephone provided this Honorable Court permit telephone
testimony for her witness, Cindy Garfinkel.
WHEREFORE, Father requests that this Honorable Court grant Father's request to allow
David Staudt and Patrick Simcox to testify via telephone or other electronic means as the Court
is able to accommodate.
ctfully submitted,
Emily Long o man
Attorney for Defendant
February 14, 2011
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the attached document on
Plaintiff by first class U.S. mail as addressed below:
Elizabeth B. Stone, Esquire
1300 Market Street, Suite 10
Lemoyne, PA 17043
By:
Q'l
Emily Long offman A??
Date: February 14, 2011
KIMBERLY I. GROGG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS 2006-305 CIVIL ACTION LAW
BENJAMIN A. GROGG,
Defendant IN CUSTODY
IN RE: CONTINUANCE OF HEARING
ORDER OF COURT
AND NOW, this 28th day of February, 2011, upon the
Court's own motion, hearing in this matter is continued to June
13th, 2011, at 9:30 a.m. Pending said hearing, the current custody
order shall remain in full force and effect. It is further ordered
and directed as follows:
1. The parties shall make arrangements to have a
custody evaluation performed by Riegler, Shinevold & Associates.
The parties shall equally share the costs of said evaluation.
Father or Father's counsel shall make contact by the end of this
week. Mother shall make contact to schedule an appointment by the
end of next week.
2. The parents are to continue in co-parent
counselling sessions until the next scheduled hearing. They are
directed to attend at least five sessions before then.
3. The Child shall continue in play therapy as often
as and as long as the play therapist recommends unless both parties
agree otherwise.
4. The parties shall e-mail each other on a daily
basis beginning today and continuing through the next scheduled
hearing on June 13, 2011. The e-mail shall deal with their
daughter and shall be instituted by the party having physical
custody. The e-mails shall deal with some aspect of the Child's
life that occurred during the day and shall be responded to by the
other party within 24 hours of receipt. Copies of the e-mails
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shall be saved and presented as exhibits at the next scheduled
hearing.
Elizabeth B. Stone, Esquire
For Father
Emily Long Hoffman, Esquire
For Mother
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Emily Long Hoffman, Esquire
Attorney ID 66307
255 Market St.
Millersburg, PA 17061
717-979-8849
KIMBERLY I. GROGG
Plaintiff/Respondent
V.
BENJAMIN A. GROGG
Defendant/Petitioner
I! c0-OFFICE
Attorney for Defendant/Respondent i. PROTHONOTARY
2011 ti i'l 14 AM 11.21
!CUMBERLAND COUNTY
PENNSYLVANIA
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 06-305 CIVIL TERM
:CIVIL ACTION - LAW
:CUSTODY
MOTION FOR CONTINUANCE
1. Emily Long Hoffman, counsel for Benjamin A. Grogg moves this Honorable Court to
continue the hearing scheduled for June 13, 201 L.
2. Movant is requesting a continuance for the following reasons(s):
a. A custody evaluation is being conducted by Casey Shienvold which evaluation is not
yet complete.
b. The parties and their attorneys agree that it would promote judicial economy to wait
until the evaluation was complete.
3. Casey Shienvold will complete the appraisal by mid-July.
4. This is the first continuance requested by the parties in this matter.
5. Attorney Elizabeth Stone, Attorney for Plaintiff, agrees to continue this matter.
6. Movant will supply this Honorable Court with possible dates for this matter to be
rescheduled and is awaiting to hear from Plaintiff regarding their schedules.
WHEREFORE, the Movant and his Attorney respectfully requests that this motion be
granted and that a continuance be granted and that a hearing be rescheduled by this Honorable
Court.
Respectfully submitted,
Emily H ffman, Esquire
Sup. Ct. ID # 66307
255 Market Street
Millersburg, PA 17061
Date: (717)979-8849
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the attached document on Plaintiff
by first class U.S. mail as addressed below:
Elizabeth B. Stone, Esquire
1300 Market Street, Suite 10
Lemoyne, PA 17043
By:
Emily Lon ffman
Date: ?.
116
KIMBERLY I. GROGG :IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent :CUMBERLAND COUNTY
PENNSIT
VA"'IA '
,
- _
V. :NO. 06-305 CIVIL TERM
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BENJAMIN A. GROGG
:CIVIL ACTION - LAW -n 77-
Defendant/Petitioner :CUSTODY`,
ORDER
AND NOW, this/4 ay of VldAj L. , 2011, upon consideration
of the attached motion of Plaintiff, requesting a continuance:
the motion is granted and the matter will be rescheduled for the -o?.A Ney of
Auga-& /"UNMY , 2011.
BY THE COURT:
- 44ii
Edward E. Guido, Judge
A a
Y I. GROGG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
IIN A. GROGG, NO. 2006 - 0305 CIVIL TERM
Defendant
CIVIL ACTION -LAW
ORDER OF COURT
NOW, this 29TH day of JUNE, 2011, a hearing on the above captioned
matter is scheduled for MONDAY, AUGUST 22, 2011, at 9:30 a.m. in Courtroom # 3,
Cumberl4nd County Courthouse, Carlisle, Pa.
B e Court,
Edward E. Guido, J.
/ Emily L?ng Hoffman, Esquire
V Elizabet? B. Stone, Esquire
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KIMBERLY I. GROGG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYE4VAWAC)
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BENJAMIN A. GROGG, ?
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IN RE: CUSTODY HEARING RESCHEDULED D C
ORDER OF COURT ??
AND NOW, this 22nd day of August, 2011, it
appearing to the Court that the parties aren't able to agree
upon the time of day, the hearing in this matter is
continued to September 12, 2011, at 1:00 p.m. Pending said
hearing, our order of February 28, 2011, shall remain in
full force and effect as well as the prior custody order of
July 12, 2010.
Elizabeth B. Stone, Esquire
For the Plaintiff
Emily Long Hoffman, Esquire
For the Defendant
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Edward E. Guido, J.
Emily Long Hoffman,Esquire
Attorney I.D.#66307 Attorney for Petitioner
255 Market Street
Millersburg,PA 17061
(717)979.8849
KIMBERLY I. GROGG :IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA
• fir:
v. :NO. 06-305 CIVIL TERM r°w
BENJAMIN A. GROGG :CIVIL ACTION - LAW "'
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Defendant/Petitioner :CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER .7 `7
AND RENEWED CONTEMPT
AND NOW comes Benjamin A. Grogg (Father)by and through his attorney, Emily Long
Hoffman, and in support of his Petition for Modification of Custody Order and Renewed
Contempt avers as follows:
1. Petitioner is Benjamin Grogg, Plaintiff, (Father), who has resided at 1263 Summit Way
Mechanicsburg, PA 17050 since August 2010.
2. Plaintiff is Kimberly I. Grogg (Mother), who has resided at 410 Mercury Drive,
Mechanicsburg, PA 17050 since 2008.
3. The parties are the parents of the minor child namely Elaina Irene Grogg, born September 2,
2004, age 9.
4. The Order dated September 12, 2011 is currently in effect which is attached hereto as
Exhibit 1.
5. The parties have shared legal custody and equally shared physical custody.
6. Father is seeking modification of the custody arrangement and is seeking primary physical
custody for the following reasons: t 23.00 pc/
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a. Mother did not disclose to Father nor this Honorable Court that she was arrested for
Driving Under the Influence. Please see criminal pleadings attached hereto as Exhibit 2.
b. Mother did not disclose to Father nor this Honorable Court that she lost her license this
summer for 60 days due to a conviction of Driving Under the Influence.
c. Mother did not disclose to Father nor this Honorable Court that she has lost her license
for the next year due to the Driving Under the Influence arrest and refusal to submit to a chemical
test.
d. During a co-parenting counseling session with Arnold Shienvold, Mother was not
forthcoming in discussing the arrest or pending loss of license.
e. Father requested information from Mother concerning alcohol counseling regarding the
conviction and Mother has not released any information to Father.
f. Mother received two additional Driving Under the Influence convictions in the past 13
years.
g. Father requested information from Mother on her transportation arrangements for the
minor child since Mother lost her license.
h. Mother has not given Father any information.
i. Father via email requested a change in the current 50/50 schedule to a different 50/50
schedule adding consistency and stability for Child with less shuffling between homes. Please
see email attached hereto as Exhibit 3.
j. Mother was not open for consideration and denied the request.
k. By letter dated October 23, 2013, Father, through his attorney, requested the same
change in schedule for the best interest of the Child. Please see letter attached hereto as Exhibit
4.
1. Mother never responded.
m. Father is greatly concerned because Mother does not keep him informed of important
information or decisions which is contrary to the parties' court order.
n. Father is concerned about the child's welfare as he does not know Mother's current
situation with her alcohol problem.
o. Father is concerned because he does not know what steps, if any,Mother has taken to
remediate her problem with alcohol.
7. Father seeks primary physical custody of the minor child as it is in the best interests pf the
minor child.
WHEREFORE, Father requests that this Honorable Court grant his Petition requesting
primary physical custody of the minor child.
Respectfully submitted,
Emily Long Hoffman
Sup Ct ID # 66307
255 Market Street
Millersburg, PA 17061
(717) 979.8849
Attorney for Petitioner
Date: f 1 (3
l
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the attached document was served on the
person(s)named below by First Class,U.S. Mail addressed as below on this day:
Elizabeth B. Stone, Esquire
P.O. Box E
New Cumberland, PA 17070
Kimberly I. Grogg
410 Mercury Drive
Mechanicsburg, PA 17050
Respectfully submitted,
�N
Emi Lon H ffman
Long
Sup Ct ID#66307
255 Market Street
Millersburg, PA 17061
(717) 233-1112
Attorney for Petitioner
Date:
CX, kiLt -t- I
KIMBERLY I. GROGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PE1tINSJ.VANIA
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v. : NO. 2006-305 z z - r
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BENJAMIN A. GROGG, : CIVIL ACTION - LAW rr-- '~I
Defendant : IN CUSTODY s
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STIPULATED ORDER FOR CUSTODY = ry = `
AND NOW,this 074 414 day of 57)1;##74-1M ,2011,this Order is being
entered as a result of an Agreement between the parties as evidenced by the stipulated Custody
Agreement, dated September 12, 2011, the original of which is attached hereto and incorporated
herein. This matter is before the Court on Defendant's request for a custody trial.
This matter involves the custody of:
Elaina Irene Grogg Date of Birth: September 2, 2004
The terms ofthe September 11,2011 Stipulated Custody Agreement are hereby incorporated
into this Order.
A copy of this Order shall be sent to counsel for the parties:
-7 Elizabeth B. Stone, Esquire /Emily L. Hoffman, Esquire
Law Offices of Elizabeth B. Stone Attorney At Law
3507 Market Street, Suite 303 C P.O. 11475
Camp Hill, PA 17011 7 �� Harrisburg,PA 17108
(717) 909-1500 (office) of a (717) 979-8849 (cell)
estone @tanner-law.com DO Emilylonghoffman @comcast.net
BY THE ' • •
JUDGE
S:1ESTO N E CLLENTS.ESTON E CUEN TS\Gaon.Kimborlytpopp stipulated custody agre.snt 9-1 I-1 I revised 2.wpd
Elizabeth B. Stone, Esquire
Law Offices of Elizabeth B. Stone
3507 Market Street, Suite 303
Camp Hill, PA 17011
(717) 909-1500 (office)
(717)731-8115 (facsimile)
KIMBERLY I.GROGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v. : NO. 2006-305
BENJAMIN A. GROGG, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
STIPULATED CUSTODY AGREEMENT
JI.
AND NOW, this l� day of , 2011, by and between:
KIMBERLY I. GROGG, residing at 410 Mercury Drive, Mechanicsburg,
Cumberland County, Pennsylvania(hereinafter referred to as "Mother"); and
BENJAMIN A. GROGG, residing at 1263 Summit Road, Mechanicsburg,
Cumberland County,Pennsylvania(hereinafter referred to as"Father")(Mother and Father
are individually"Parent"and collectively"Parents").
WITNESSETH:
WHEREAS, Mother and Father are the parents of one minor child, Elaina Irene
Grogg, born September 2, 2004, and have reached a decision regarding the custodial
arrangements for her and wish to have their agreement reduced to writing for entry as an
order of court. Further,in accordance with this agreement,the parties have agreed to engage
the professional services of a Parenting Coordinator,specifically,Arnie Shienvold,Ph.D.of
Reigler,Shienvold& Associates, who will assist the parties with any and all custody issues
that may arise from this new custodial arrangements. A second order of court will be made
a part of this record wherein the Parenting Coordinator will be given latitude to assist the
parties.
NOW, THEREFORE, in consideration of the mutual covenants and benefits
hereinafter set forth,and intending to be legally bound,the parties do now covenant,promise,
and agree as follows:
A. Custody:
1. Legal Custody: The parties shall share legal custody of their daughter as that
term has been defined by the laws of Pennsylvania. The parties have agreed
to maintain the use of Mother's residential address for Elaina's school
registration which will affect which elementary and middle school she attends.
In addition to the foregoing,the following shall also apply to the parties' legal
and physical custody rights and obligations:
2. Physical Custody: Mother and Father shall share physical custody of Elaina.
The parties have agreed to a 2-2-3 schedule of custody. The parties have
further agreed that this schedule shall begin with week #1 beginning on
September 26, 2011. This will mean that the child will begin with Week#1
spending her first overnight with Mother.
Page 2 of 9
A. Week#1 -During a normal week,all drop off times are to be at school
or to the other parent's home by 8 am depending upon if school in session,
following the below schedule:
1. Mother shall have custody from Monday overnight,
Tuesday overnight,until Wednesday at school drop off.
2. Father shall have custody on Wednesday overnight,Thursday
overnight,until Friday at school drop off.
3. Mother shall have custody from Friday after school until
Monday am at school drop off or the school bus stop.
13. Week#2- During a normal week,all drop off times are to be at school
or to the other parent's home by 8 am depending upon if school in session,
following the below schedule:
1. Father shall have custody from Monday overnight, Tuesday
overnight,until Wednesday at school drop off.
2. Mother shall have custody on Wednesday overnight Thursday
overnight,until Friday at school drop off.
3. Father shall have custody from Friday after school until
Monday am at school drop off.
3. Vacation.Schedule: Each parent shall be entitled to two(2)non-consecutive
weeks of vacation time with the child per year. A week shall be defined as 7
Page 3 of 9
days from a Friday 8 am to the following Friday 8 am. These 7 days shall
include one of the custodial vacationing parent's weekend. Each parent shall
provide the other parent by April 30' of each year with written notice of his
or her intention to exercise their period of physical custody.
a. Conflict: Should a conflict arise between the selection of said week
the first parent to notify the other parent of his or her selection shall
have the right to exercise physical custody on the week selected and the
other parent shall select other times for his or her week so as to avoid
any conflicts. If the conflict cannot be resolved, the parties agree to
refer this conflict to their parenting coordinator.
b. Flexibility: The parties shall be flexible and cooperate with each other
to adjust their vacation schedules as may be necessary to accommodate
special vacation plans,rental requirements, or family emergencies.
Both parents agree to remain flexible, if vacations are scheduled, or
travel is required for his or her job, the child would then be with the
non- traveling parent and weeks would be switched.
c. Travel: If either parent wishes to take the child out of state for either
an extended period or time or for a weekend,the custody parent agrees
to provide the other parent with a location and an address, if feasible,
of the vacation destination.
Page 4 of 9
4. Holidays: Mother and Father mutually agree on the following holiday
schedule:
A. Christmas. The parties agree to alternate the Christmas schedule as
follows:
1. Christmas Eve day from 2 pm until Christmas Day 2 pm even years
with Mother and odd years with Father. Father will have custody
starting this Christmas Eve, 2011.
2. Christmas Day from 2pm until December 26 at 2pm,even years with
Father,odd years with Mother. Mother will have custody on Christmas
day, 2011.
B. All other holidays include: Easter,President's Day,Memorial Day,
Independence Day,Martin Luther King Day,Labor Day,Columbus Day,
Veteran's Day, Thanksgiving,and New Year's Eve.
1. In even years, Mother shall have custody from 8 am to 2 pm and
with Father from 2pm until 8pm.
2. In odd years, Father shall have custody from 8 am to 2 pm and with
Mother from 2pm until 8pm.
Page 5 of 9
5. Special Days:
a. Father's Day and Father's birthday: Father shall have custody of the
child from 8am until 6:30 pm.
b. Mother's Day and Mother's birthday:Mother shall have custody of the
child from 8am until 6:30 pm.
c. Elaina's birthday: The parties agree to share their daughter's birthday
each year so that each may enjoy some time with her on her actual birthday.If
she is in school on her birthday,the parties will agree ahead of time how the
day will be shared. If her birthday falls on a day when there is no school,the
parties agree to split the day with a 8 am to 2 pm and a 2 pm to 8 pm schedule,
rotating each year.
6. Precedence: The holiday and Special Days schedule shall take precedence
over any other custodial period set forth herein.
7. Transportation: The transportation burden shall be shared by the parties.
The party receiving custody of the child shall provide transportation for the
custodial exchanges, recognizing that the majority of the pick-ups will take
place either at the school or at the school bus stop. The parties agree that it
shall be the parties' sole responsibility to pick up their daughter at school or
at the bus stop at 410 Mercury Drive for their respective periods of custody.
Page 6 of 9
8. Relocation: Neither party may relocate outside of a fifty(50)mile radius from
their current residence,or any distance beyond the school district boundaries,
without permission from the other party or a court order granting said
relocation pursuant to the laws of Pennsylvania. Each party has been apprised
of the new laws regarding custody relocation and agree to comply with Pa.
C.S.A. §5337.
9. Custody Issues: The parties have agreed to use Arnie Shienvold, Ph.D. as a
parenting coordinator. They agree to arrange to schedule a meeting with him
as soon as everyone's schedule permits,but no later than 90 days from the date
of signing this agreement. The parties agree to see Dr. Shienvold as
frequently as he determines. It is anticipated that when issues arise,the parties
will seek out the parenting coordinator. The parties are prohibited fro
discussing custody issues in front of their child,and shall prevent third parties
from discussing custody issues in front of their daughter, or any other child.
that may be living in the parent's residence. The child shall not be used to
carry messages regarding custody between the parents.
10. Waiver of Custody: A waiver of any period of custody during any year shall
not be construed as a waiver of any future period of custody.
Page 7 of 9
11. Modification: The parents shall be at liberty to modify the physical custody
schedule as indicated herein to accommodate their respective schedules and
special occasions, subject to the mutual agreement of both parents. If such
modification is in writing (including email) which evidences the mutual
agreement of the parents,it shall be binding upon the parties to the extent and
for the duration which was mutually agreed upon by the parents. No parent
shall be deemed to be in contempt of court for abiding by the terms of any such
written mutual agreement. Further,the parties have mutually agreed that this
agreement has been entered to stop further litigation over the custody of their
daughter and barring and emergency situation or major change in a custodial
situation, they have agreed to keep this action out of the court system for at
least three years,unless the parenting coordinator finds that he can no longer
assist the parties before that time frame has passed.
This space left intentionally blank.
Page 8 of 9
B. Entry of Court Order: The parties authorize the Court of Common Pleas of
Cumberland County, Pennsylvania to enter an order incorporating the terms of this
Stipulated Custody Agreement.
IN WITNESS WHEREOF,the parents, intending to be legally bound hereby,have
set their hands and seals the day and year written below.
Dated:
,Kife
iii.
Elizabeth :. S Arsquire Kimberly . o:_, • er
(,1
Emily Long Hoffman, Esquire Benjamin A. Grogg, Father
Page 9 of 9
2_.
Cumberland County Court of Common Pleas
Court Summary
Gregg,Kimberly Irene DOB:08/10/1974 Sex:Female
Mechanicsburg,PA 170557005 Eyes:Blue
Aliases: Hair:Blond or Strawberry
Grogg,Kimberly Race:Caucasian
Mccaffery,Kimberly Irene
Active
Cumberland
CP-21-CR-0003049-2012 Proc Status:Awaiting Formal Arraignment DC No: OTN:L7200594
Arrest Dt: Trial Dt: Legacy No:
Next Action:Formal Arraignment Next Action Date:01/24/2013 Next Action Room:Jury Assembly Room
Seq No Statute Grade Description Disposition
1 75§3802 M DUI:Gen Imp/Inc of Driving Safely-
1st Off
2 75§3745 S Acci Dam To Unattended Veh Or
Probed
Closed
Cumberland
CP-21-CR-0000501-2001 Proc Status:Migrated Final Disposition DC No: OTN:L0805711
Arrest Dt:01/14/2001 Disp Date:10/08/2001 Disp Judge:Hess,Kevin A.
Def Atty:Barry,Ellen Knowles-(PR)
Seq No Statute Grade Description Disposition
1 75§3731 M2 Driving Under The Influence Of Not Guilty
Alcohol
2 75§3731 M2 Adult Dr W/BI Alc Lev.10%/Greater Not Guilty
1st Off
AOPC 3541 REV.11/29/2011 Page 1 of 1 Printed:11/21/2012 7:09 AM
Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check
which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History
Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas
Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the
offense is charged in order to determine what the most up-to-date disposition information is for the offense.
Magisterial District Judge 09-3-04
DOCKET
Docket Number: MJ-09304-CR-0000379-2012
',/,,,. Criminal Docket
' ". >r �, ,,{;='. Commonwealth of Pennsylvania
fit *, ` ,
v.
!.} _,� ,y":,. Kimberly Irene Grogg�1 '`f'~
Page 1 of 2
CASE INFORMATION
Judge Assigned: Magisterial District Judge Paula P. Issue Date: 07/17/2012
Correa)
OTN: L 720059-4 File Date: 07/17/2012
Arresting Agency: Hampden Township Police Dept Arrest Date:
Complaint/Incident#: HAM20120700620 Disposition:
County: Cumberland Disposition Date:
Township: Hampden Township Case Status: Active
STATUS INFORMATION
Case Status Status Date Processing Status
Active 07/17/2012 Awaiting Preliminary Hearing
CALENDAR EVENTS
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Preliminary Hearing 09/28/2012 9:15 am Magisterial District Judge Paula Scheduled
P.Correa)
DEFENDANT INFORMATION
Name: Grogg,Kimberly Irene Sex: Female
Date of Birth: 08/10/1974 Race: White
Address(es):
Home
Mechanicsburg,PA 17050
Advised of His Right to Apply for Assignment of Counsel? No
Public Defender Requested by the Defendant? No
Application Provided for Appointment of Public Defender? No
Has the Defendant Been Fingerprinted? Yes
CASE PARTICIPANTS
Participant Type Participant Name
Arresting Officer Funk,Nathaniel Christian
Defendant Grogg,Kimberly Irene
CHARGES
#Charge Grade Description Offense Dt. Disposition
1 75§3802§§A1* M DUI:Gen Imp/Inc of Driving Safely-1st Off 07/14/2012
2 75§3745§§A S Acci Dam To Unattended Veh Or Propert 07/14/2012
MDJS 1200 Printed:08/01/2012 9:16 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets.Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-04
DOCKET
. Docket Number: MJ-09304-CR-0000379-2012
r * Criminal Docket
j
r
3r! ; ♦{`=;, Commonwealth of Pennsylvania
v.
APP,,•1:-_ - 'ti,• Kimberly Irene Grogg
; w7} ,. r: Y 99 Page 2 of 2
ATTORNEY INFORMATION
Private
Name: Edward F.Spreha Jr.,Esq.
Representing:
Counsel Status: Active
Supreme Court No.: 078661
Phone No.: 717-234-7051
Address: Mancke Wagner&Spreha
2233 N Front St
Harrisburg,PA 17110
DOCKET ENTRY INFORMATION
Filed Date Entry Filer Applies To
07/31/2012 Attorney Active Edward F.Spreha Jr.,Esq. Kimberly Irene Grogg,Defendant
07/25/2012 Certified Summons Accepted Magisterial District Court 09-3-04 Kimberly Irene Grogg,Defendant
07/20/2012 Summons Issued Magisterial District Court 09-3-04 Kimberly Irene Grogg,Defendant
07/20/2012 First Class Summons Issued Magisterial District Court 09-3-04 Kimberly Irene Grogg,Defendant
07/20/2012 Certified Summons Issued Magisterial District Court 09-3-04 Kimberly Irene Grogg,Defendant
07/20/2012 Preliminary Hearing Scheduled Magisterial District Court 09-3-04 Kimberly Irene Grogg,Defendant
07/17/2012 Criminal Complaint Filed Magisterial District Court 09-3-04
MDJS 1200 Page 2 of 2 Printed:08/01/2012 9:16 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets.Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0003049-2012
CRIMINAL DOCKET
i
't t;�e�'
�.� 1. �� Court Case
Commonwealth of Pennsylvania
Page 1 of 6
v.
Kimberly Irene Grogg
CASE INFORMATION
Cross Court Docket Nos: MJ-09304-CR-0000379-2012
Judge Assigned: Date Filed: 11/01/2012 Initiation Date:07/17/2012
OTN: L 720059-4 Lower Court Docket No: MJ-09304-CR-0000379-2012
Initial Issuing Authority: Paula P.Corneal Final Issuing Authority: Paula P.Correa)
Arresting Agency: Hampden Twp,Police Dept Arresting Officer: Funk,Nathaniel Christian
Complaint/Incident#: HAM20120700620
Case Local Number Type(s) Case Local Number(s)
STATUS INFORMATION
Case Status: Adjudicated Status Date Processing Status Complaint Date: 07/17/2012
03/27/2013 Awaiting ARD Assessments
03/27/2013 Awaiting Completion of ARD Program
03/27/2013 Awaiting ARD Completion
02/14/2013 Awaiting ARD Hearing
02/14/2013 Awaiting ARD Court
11/01/2012 Awaiting Formal Arraignment
11/01/2012 Awaiting Filing of Information
11/01/2012 Awaiting ARD Hearing
CALENDAR EVENTS
Case Calendar Schedule Start Room Judge Name Schedule
Event Type Start Date Time Status
Formal Arraignment 01/24/2013 9:00 am Jury Assembly Cancelled
Room
ARD Court 03/27/2013 9:00 am Courtroom 1 Judge M.L.Ebert Jr. Scheduled
DEFENDANT INFORMATION
Date Of Birth: 08/10/1974 City/State/Zip: Mechanicsburg,PA 17050
Alias Name
Grogg,Kimberly
Mccaffery,Kimberly Irene
CASE PARTICIPANTS
Participant Type Name
Defendant Grogg,Kimberly Irene
CPCMS 9082 Printed: 05/28/2013
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data,errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0003049-2012
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
Page 2 of 6
v.
Kimberly Irene Grogg
BAIL INFORMATION
Gregg,Kimberly Irene Nobble Status: None
Bail Action Date Bail Type Percentage Amount
Bail Posting Status Posting Date
Set 10/26/2012 ROR $0.00
CHARGES
Seq. Orig Seq. Grade Statute Statute Description Offense Dt. OTN
1 1 M 75§3802 §§A1* DUI:Gen Imp/Inc of Driving Safely-1st Off 07/14/2012 L 720059-4
2 3 M 75§3802 §§A1* DUI:Gen Imp/Inc of Driving Safely-1st Off 07/14/2012 L 720059-4
3 4 M 75§3802 §§A1* DUI:Gen Imp/Inc of Driving Safely-1st Off 07/14/2012 L 720059-4
4 2 S 75§3745 §§A Acci Dam To Unattended Veh Or Propert 07/14/2012 L 720059-4
DISPO.SmoN SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Grade Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
Held for Court(Lower Court) Defendant Was Present
Lower Court Disposition 10/26/2012 Not Final
1/DUI:Gen Imp/Inc of Driving Safely-1st Off Held for Court(Lower Court) M 75§3802§§Al*
4/Acci Dam To Unattended Veh Or Propert Held for Court(Lower Court) S 75§3745§§A
ARD-County Open
ARD Court 03/27/2013 Not Final
1/DUI:Gen Imp/Inc of Driving Safely-1st Off ARD-County M 75§3802§§A1*
Ebert,M.L.Jr. 03/27/2013
ARD-DUI 03/27/2013
2/DUI:Gen Imp/Inc of Driving Safely-1st Off ARD-County M 75§3802§§AV
Ebert,M.L.Jr. 03/27/2013
ARD-DUI 03/27/2013
3/DUI:Gen Imp/Inc of Driving Safely-1st Off ARD-County M 75§3802§§A1*
Ebert,M.L.Jr. 03/27/2013
ARD-DUI 03/27/2013
4/Acci Dam To Unattended Veh Or Propert ARD-County S 75§3745§§A
Ebert,M.L.Jr. 03/27/2013
CPCMS 9082 Printed: 05/28/2013
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data,errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0003049-2012
-cam CRIMINAL DOCKET
y"�1') Court Case
Commonwealth of Pennsylvania
Page 3 of 6
v.
Kimberly Irene Grogg
DISPOSITION SENTENCING/PENALTIES
Disposition
Case Event Disposition Date Final Disposition
Sequence/Description Offense Disposition Grade Section
Sentencing Judge Sentence Date Credit For Time Served
Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date
Sentence Conditions
ARD-DUI 03/27/2013
COMMONWEALTH INFORMATION ATTORNEY INFORMATION
Name: Emily Ruth Provencher Name: Edward F.Spreha Jr.*
District Attorney Private
Supreme Court No: 309804 Supreme Court No: 078661
Phone Number(s): Rep.Status: Lower Court
717-240-6210 (Phone) Phone Number(s):
Address: 717-234-7051 (Phone)
Cumberland CO Da's Ofc Address:
1 Courthouse Sq RM 202 Mancke,Wagner&Spreha
Carlisle,PA 17013 2233 N Front St
Harrisburg,PA 17110
Representing:Grogg,Kimberly Irene
*Entry of Appearance Not Filed
ENTRIES
Sequence Number CP Filed Date Document Date Filed By
1 11/01/2012 Court of Common Pleas-
Cumberland County
Original Papers Received from Lower Court
1 03/07/2013 Court of Common Pleas-
Cumberland County
Penalty Assessed
1 03/20/2013 Grogg,Kimberly Irene
Penalty Satisfied
1 03/27/2013 Ebert,M.L.Jr.
Order of Court,filed 3-27-13. In Re: Final Chance ARD Entrance and License Suspension for 60 days
2 03/27/2013 Ebert,M.L.Jr.
ARD Penalties Imposed
CPCMS 9082 Printed: 05/28/2013
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data,errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
Docket Number: CP-21-CR-0003049-2012
CRIMINAL DOCKET
r Y .
Court Case
Commonwealth of Pennsylvania
v Page 4 of 6
Kimberly Irene Grogg
ENTRIES
Sequence Number CP Filed Date Document Date Filed By
3 03/27/2013 Ebert,M.L.Jr.
Order Granting Motion to Admit Defendant into ARD Program
5 03/27/2013 Lebo,Dennis E.
DL-21A prepared
6 03/27/2013 Lebo,Dennis E.
DL-21A prepared
CPCMS 9082 Printed: 05/28/2013
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data,errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
- Docket Number: CP-21-CR-0003049-2012
ty ;1, CRIMINAL DOCKET
�r� :. --- ) Court Case
Commonwealth of Pennsylvania
v.
Page 5 of 6
Kimberly Irene Grogg
CASE FINANCIAL INFORMATION
Last Payment Date: 03/20/2013 Total of Last Payment: -$2,012.00
Gregg,Kimberly Irene Assessment Payments Adjustments Non Monetary Total
Defendant Payments
Costs/Fees
COFC ARD/DUI/Ad(Cumberland) $250.00 -$250.00 $0.00 $0.00 $0.00
Expungement Fee(Cumberland) $22.00 -$22.00 $0.00 $0.00 $0.00
OSP(Cumberland/State)(Act 35 of 1991) $150.00 -$150.00 $0.00 $0.00 $0.00
OSP(Cumberland/State)(Act 35 of 1991) $150.00 -$150.00 $0.00 $0.00 $0.00
ARD/DUI Booking Fee(Cumberland) $200.00 -$200.00 $0.00 $0.00 $0.00
ARD/DUI School(Cumberland) $200.00 -$200.00 $0.00 $0.00 $0.00
Co ARD/DUI/Ad(Cumberland) $200.00 -$200.00 $0.00 $0.00 $0.00
State Court Costs(Act 204 of 1976) $11.20 -$11.20 $0.00 $0.00 $0.00
Commonwealth Cost-HB627(Act 167 $9.60 -$9.60 $0.00 $0.00 $0.00
of 1992)
County Court Cost(Act 204 of 1976) $31.20 -$31.20 $0.00 $0.00 $0.00
Crime Victims Compensation(Act 96 of $35.00 -$35.00 $0.00 $0.00 $0.00
1984)
Victim Witness Service(Act 111 of 1998) $25.00 -$25.00 $0.00 $0.00 $0.00
Firearm Education and Training Fund $5.00 -$5.00 $0.00 $0.00 $0.00
(158 of 1994)
CAT/MCARE/General Fund $50.00 -$50.00 $0.00 $0.00 $0.00
Substance Abuse Education(Act 198 of $50.00 -$50.00 $0.00 $0.00 $0.00
2002)
Substance Abuse Education(Act 198 of $50.00 -$50.00 $0.00 $0.00 $0.00
2002)
District Attorney(Cumberland) $21.00 -$21.00 $0.00 $0.00 $0.00
Plea Fee(Cumberland) $189.00 -$189.00 $0.00 $0.00 $0.00
Sheriff Costs(Cumberland) $1.50 -$1.50 $0.00 $0.00 $0.00
Automation Fee(Cumberland) $5.00 -$5.00 $0.00 $0.00 $0.00
Traffic Report Costs(Cumberland) $8.00 -$8.00 $0.00 $0.00 $0.00
DUI-ARD-EMS Fee $25.00 -$25.00 $0.00 $0.00 $0.00
Costs of Prosecution-CJEA $50.00 -$50.00 $0.00 $0.00 $0.00
Judicial Computer Project $8.00 -$8.00 $0.00 $0.00 $0.00
ATJ $3.00 -$3.00 $0.00 $0.00 $0.00
CJES $2.25 -$2.25 $0.00 $0.00 $0.00
JCPS $10.25 -$10.25 $0.00 $0.00 $0.00
Cost in Lieu of Community Service $250.00 -$250.00 $0.00 $0.00 $0.00
(Cumberland)
CPCMS 9082 Printed: 05/28/2013
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data,errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOCKET
•
Docket Number: CP-21-CR-0003049-2012
CRIMINAL DOCKET
4111. 4 11
tilt;CFPZ-R1RF t,
Court Case
Commonwealth of Pennsylvania
V.
Page 6 of 6
Kimberly Irene Grogg
CASE FINANCIAL INFORMATION
Gregg,Kimberly Irene Assessment Payments Adjustments Non Monetary Total
Defendant Payments
Costs/Fees Totals: $2,012.00 -$2,012.00 $0.00 $0.00 $0.00
Grand Totals: $2,012.00 -$2,012.00 $0.00 $0.00 $0.00
""-Indicates assessment is subrogated
CPCMS 9082 Printed: 05/28/2013
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial
System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed
data,errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can
only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record
Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-1-01
DOCKET
> Docket Number: MJ-09101-CR-0000015-2001
Criminal Docket
}t� Y '' ti1 +, Commonwealth of Pennsylvania v.` .-•--
~h � J Kimberly Irene McCaffery
7', r
Page 1 of 3
CASE INFORMATION
Judge Assigned: Magisterial District Judge Charles A. Issue Date: 01/16/2001
Clement Jr.
OTN: L 080571-1 File Date: 01/16/2001
Arresting Agency: Lower Allen Township Police Dept Arrest Date: 01/14/2001
Complaint/Incident#: 2001-1-341 Disposition: Held for Court
County: Cumberland Disposition Date: 03/01/2001
Township: Lower Allen Township Case Status: Closed
STATUS INFORMATION
Case Status Event Track Status Date Processing Status
Closed Arrest 03/01/2001 Completed
02/28/2001 Awaiting Preliminary Hearing
01/16/2001 Awaiting Preliminary Hearing
01/16/2001 Awaiting Preliminary Arraignment
CALENDAR EVENTS
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Preliminary Hearing 03/01/2001 9:00 am Courtroom:MDJ-09-1-01 Magisterial District Judge Scheduled
Charles A.Clement Jr.
Preliminary Arraignment 03/01/2001 9:00 am Courtroom:MDJ-09-1-01 Magisterial District Judge Scheduled
Charles A.Clement Jr.
DEFENDANT INFORMATION
Name: Mccaffery,Kimberly Irene Sex: Female
Date of Birth: 08/10/1974 Race: White
Address(es):
Primary
Harrisburg,PA 17109
Advised of His Right to Apply for Assignment of Counsel? No
Public Defender Requested by the Defendant? Yes
Application Provided for Appointment of Public Defender? Yes
Has the Defendant Been Fingerprinted? No
CASE PARTICIPANTS
Participant Type Participant Name
Arresting Officer Gelnett,Thomas E
Defendant Mccaffery,Kimberly Irene
MDJS 1200 Printed:02/14/2011 7:23 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets.Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police.Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-1-01
DOCKET
Docket Number: MJ-09101-CR-0000015-2001
Criminal Docket
Commonwealth of Pennsylvania
J' '' l v.
.-11t-y.,.,.. Kimberly Irene McCaffery
Page 2 of 3
BAIL
Bail Set:
Bail Action Type Bail Action Date Bail Type Percentage Amount
Set 03/01/2001 ROR $0.00
Bail Posted:
Surety Type Surety Name Posting Status Posted Dt Security Type Security Amt
Self Mccaffery,Kimberly Irene Posted 03/01/2001 Bond Signature $0.00
4232-D Wagon Wheel Court Harrisburg,PA 17109
Bail Depositor(s):
Depositor Name Amount
CHARGES
# Charge Grade Description Offense Dt. Disposition
1 75§3731§§A1* M2 Driving Under The Influence Of Alcohol 01/14/2001 Held for Court
2 75§3731§§A41* M2 Adult Dr W/BI Alc Lev.10%/Greater 1st Off 01/14/2001 Held for Court
DISPOSITION/SENTENCING DETAILS
Case Disposition Disposition Date Was Defendant Present?
Held for Court 03/01/2001 Yes
Offense Seq./Description Offense Disposition
1 Driving Under The Influence Of Alcohol Held for Court
2 Adult Dr WBI Alc Lev.10%/Greater 1st Off Held for Court
ATTORNEY INFORMATION
Public Defender District Attorney
Name: Ellen Knowles Barry,Esq. Name: DA Cumberland County
Representing: Mccaffery,Kimberly Irene Representing: Commonwealth of Pennsylvania
Counsel Status: Active Counsel Status: Active
Supreme Court No.: 029334 Supreme Court No.: DA21
Phone No.: 717-232-6224 Phone No.: 717-240-6210
Address: 2022 Columbia Ave Address: 1 Courthouse Sq
Harrisburg,PA 17109 Ste 202
Carlisle,PA 17013
MDJS 1200 Page 2 of 3 Printed:02/14/2011 7:23 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets.Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police.Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-1-01
DOCKET
Docket Number: MJ-09101-CR-0000015-2001
1 v,' Criminal Docket
t, .,
! w , Commonwealth of Pennsylvania_ 1
f‘i . i ► a y Kimberly Irene McCaffery Page 3 of 3
REGISTRY ENTRY INFORMATION
Filed Date Entry Filer Applies To
03/01/2001 Held for Court Magisterial District Judge Charles A. Kimberly Irene Mccaffery,Defendant
Clement Jr.
02/28/2001 Preliminary Arraignment Scheduled Magisterial District Court 09-1-01 Kimberly Irene Mccaffery,Defendant
01/27/2001 Certified Summons Accepted Magisterial District Court 09-1-01 Kimberly Irene Mccaffery,Defendant
01/16/2001 Summons Issued Magisterial District Court 09-1-01 Kimberly Irene Mccaffery,Defendant
01/16/2001 Preliminary Hearing Scheduled Magisterial District Court 09-1-01 Kimberly Irene Mccaffery,Defendant
01/16/2001 Criminal Complaint Filed Magisterial District Court 09-1-01 Kimberly Irene Mccaffery,Defendant
MDJS 1200 Page 3 of 3 Printed:02/14/2011 7:23 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets.Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police.Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
E)d1 \i()
FILED-OFFICE
HE PRO1UONOTAR'x'
2C12 SEP -6 Atil IQ: 51
CUMBERLAND COUNTY
PENNSYLVANIA
KIMBERLY I. GROGG : IN THE COURT OF COMMON PLEAS
Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. ig SSIP 31/(*t
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF TRANSPORTATION : LICENSE SUSPENSION APPEAL
BUREAU OF DRIVER LICENSING,
Respondent
LICENSE SUSPENSION APPEAL
AND NOW, comes Kimberly I. Grogg, hereinafter Petitioner, by and through her attorneys,
Mancke, Wagner& Spreha, who respectfully represent:
1. Your Petitioner, Kimberly I. Grogg, is an adult individual residing at 410 Mercury Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing
has a maiNng address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg,
Dauphin County, Pennsylvania 17104-2516.
3. On or about August 7, 2012, your Petitioner received an Official Notice of Suspension
from the Department of Transportation indicating that her privilege to drive a motor vehicle was
being suspended for a period of one year as a result of an alleged chemical test refusal pursuant
to 75 Pa.C.S.A. §1547. See Exhibit A.
4. Your petitioner believes such suspension is illegal, unjust and improper for reasons
which include, but are not limited to the following:
a. There was no reasonable grounds to believe the petitioner
was operating a motor vehicle under the influence of alcohol;
b. There was no valid request to take a chemical test; p
c. There was no valid refusal to take a chemical test; 4 4103.1 S f d 4141!
aCt 6333
iZta Siam°
a20/ 2 -55,42 e'u' L
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kimberly I. Grogg, •
Appellant •
•
No. 24 C.D. 2013
v. •
•
C= :_
Commonwealth of Pennsylvania, • m cc Q ;T
Department of Transportation, • ;' "
N
Bureau of Driver Licensing 4'
ORDER
AND NOW, this 16t day of October, 2013, it is ORDERED that the
above-captioned opinion filed July 31, 2013, shall be designated OPINION rather
than MEMORANDUM OPINION, and it shall be reported.
P A. McCULLO dge
Certified from the Record
OCT 1 6 2013
and Order Exit
e
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kimberly I. Grogg,
Appellant
: No. 24 C.D. 2013
v.
Submitted: June 28, 2013 rm„m
Commonwealth of Pennsylvania, : cn?�
Department of Transportation, •
Bureau of Driver Licensing
BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge-
HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE ANNE E. COVEY, Judge
OPINION BY
JUDGE McCULLOUGH FILED: July 31, 2013
Kimberly I. Grogg (Licensee) appeals from the December 13, 2012
order of the Court of Common Pleas of Cumberland County (trial court) denying her
statutory appeal from a one-year suspension of her driving privileges imposed by the
Department of Transportation (DOT) pursuant to section 1547(b)(1) of the Vehicle
Code.' We affirm.
On July 14, 2012, Officer Nathaniel Funk of the Hampden Township
Police Department responded to a hit-and-run crash in the parking lot of a local bar
while on uniformed patrol duty. (Reproduced Record (R.R.) at 16a.) Before Officer
Funk reached the scene of the collision, the Cumberland County Dispatch Center
' Section 1547(b)(1)(i) provides that if any person placed under arrest for driving while
under the influence is requested to submit to a chemical test and refuses to do so, DOT shall
suspend the person's operating privilege for one year. 75 Pa.C.S. §1547(b)(1)(i).
r
advised the Officer that a witness had made contact with Licensee and that he
suspected Licensee was under the influence of alcohol. (R.R. at 16a-17a.) When
Officer Funk arrived at the parking lot, the witness who related the facts of the hit-
and-run reiterated his suspicion that Licensee was under the influence of alcohol.
(R.R. at 17a-18a.)
Officer Funk made contact with the Licensee while she was still in her
vehicle and observed that she was chewing on mints, had red glassy eyes, and was
unresponsive to his questions. Id. Officer Funk then escorted Licensee to a nearby
parking lot to conduct field sobriety testing. (R.R. at 18a-19a.) Before conducting
the field sobriety tests, Licensee admitted that she had consumed one drink. (R.R. at
21a.) Officer Funk conducted field sobriety testing and observed several indicators
of intoxication. (R.R. 18a-23a, 55a.) After considering Licensee's performance in
the field sobriety test, the circumstances of the hit-and-run, and Licensee's admission,
Officer Funk concluded that Licensee was unable to operate her vehicle and placed
Licensee under arrest for driving while under the influence of alcohol or a controlled
substance (DUI). (R.R. at 23a, 55a.)
Officer Funk transported Licensee to Cumberland County Prison and
placed her in the custody of the corrections officers for processing and chemical
testing. (R.R. at 24a.) Officer Funk read verbatim the chemical test warnings to
Licensee from the DL-26 Forme and signed the affidavit on the bottom of the form
2 Form DL-26 contains the chemical testing warnings required by section 1547 of the
Vehicle Code, 75 Pa.C.S. §1547, pursuant to our Supreme Court's decision in Department of
Transportation, Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989). These
warnings inform a motorist that he or she is under arrest; that he or she is being requested to submit
to a chemical test; that he or she will lose his or her operating privileges and potentially face stricter
criminal penalties if the request is refused; and that there is no right to remain silent or speak to an
attorney.
(Footnote continued on next page...)
2
ti
indicating that he had read the warnings. (R.R. at 25a-26a, 56a.) Officer Funk also
informed Licensee that if she refused to consent to chemical testing she could lose her
license for twelve to eighteen months. (R.R. at 56a.) Officer Funk then offered to let
Licensee read the warnings herself from the DL-26 Form, but, in reply, Licensee
asked to go to the ladies' room. (R.R. at 56a.) Officer Funk allowed Licensee to go
to the bathroom, where she was away for approximately five minutes. (R.R. at 56a.)
When Licensee returned from the bathroom, Officer Funk re-read the warnings from
the DL-26 Form, during which Licensee began crying. (R.R. at 27a, 56a.) Officer
Funk next asked Licensee to take the chemical test five different times, but she did
not respond to his requests. (R.R. at 56a.) After waiting two minutes for Licensee to
respond, Officer Funk deemed Licensee's conduct a refusal to submit to chemical
testing. (R.R. at 27a, 55a.) When Officer Funk left the booking room, Licensee
carried on a conversation with the booking officer, where she asked questions and
indicated that she wanted an attorney. (R.R. at 56a.)
•
After receiving notice that Licensee refused to submit to chemical
testing, DOT mailed her a notice on August 7, 2012, advising her that her driving
privileges were being suspended for a period of tweeve months, effective September
11, 2012, pursuant to section 1547(b)(1)(i) of the Vehicle Code. (R.R. at 6a.)
Licensee filed a timely appeal, and on December 12, 2012, the trial court held a de
novo hearing. (R.R. at 10a.)
At the hearing, Officer Funk testified that the hit-and-run collision
occurred at approximately 1:34 a.m. (R.R. at 26a.) He then testified that he and
Licensee arrived at Cumberland County Prison at 2:30 a.m., and he read Licensee the
(continued...)
3
DL-26 Form at approximately 2:32 a.m. (R.R. at 27a.) Officer Funk testified that at
2:41 a.m., he determined that Licensee had refused to submit to chemical testing.
(R.R. at 27a.) Officer Funk stated that although Licensee did not verbally refuse to
take the test, he considered her conduct in failing to respond to his requests to take
the test as evidencing a refusal. (R.R. at 27a-28a.)
DOT admitted a video recording of the booking into evidence. (R.R. at
24a-25a.) The recording showed Officer Funk reading the warnings from the DL-26
Form, after which Licensee was given a five-minute bathroom break. (R.R. at 25a,
56a.) When Licensee returned, Officer Funk re-read the warnings, Licensee began to
cry, and Officer Funk requested that Licensee submit to testing five times. (R.R. at
56a.) After approximately two minutes of waiting, Officer Funk determined that her
lack of a response constituted a refusal. (R.R. at 32a-34a, 56a.)
By order dated December 13, 2012, the trial court dismissed Licensee's
appeal. The trial court determined that: (1) Officer Funk had reasonable grounds to
believe that Licensee was operating or physically controlling a vehicle while under
the influence of alcohol; (2) Officer Funk requested Licensee to submit to a chemical
test on multiple occasions; (3) Licensee refused to do so by not responding to the
requests; and (4) Licensee was warned that she may lose her license if she did not
submit to the tests. (R.R. at 48a, 58a-59a.)
On appeal to this Court,3 Licensee argues that the trial court erred in
concluding that she refused to submit to chemical testing. Relying on Bomba v.
3 Our scope of review is limited to determining whether the findings of fact are supported by
competent evidence or whether the trial court committed an error of law or an abuse of discretion in
reaching its decision. Pasecki v. Department of Transportation, Bureau of Driver Licensing, 6 A.3d
1067, 1070 (Pa. Cmwlth. 2010).
4
Department of Transportation, Bureau of Driver Licensing, 28 A.3d 946 (Pa.
Cmwlth. 2011), Licensee argues that her actions do not demonstrate an attempt to
deliberately delay or undermine the testing process because the Commonwealth still
had close to an hour to obtain a blood sample for purposes of section 3802 of the
Vehicle Code.4 Licensee claims that she became emotional when faced with the
gravity of the situation, asserts that when she returned from the bathroom she was
only provided with two minutes to submit to the chemical testing, and argues that
Officer Funk should have given her more time before recording the refusal.
In order to sustain a suspension of operating privileges under section
1547 of the Vehicle Code, DOT must establish that: (1) the licensee was arrested for
drunken driving by a police officer who had reasonable grounds to believe that the
motorist was operating a motor vehicle while under the influence of alcohol; (2) the
licensee was requested to submit to a chemical test; (3) the licensee refused to submit;
and (4) the licensee was warned that refusal would result in a license suspension.
Broadbelt v. Department of Transportation, Bureau of Driver Licensing, 903 A.2d
636, 640 (Pa. Cmwlth. 2006). The only issue in this appeal is whether Licensee
refused to submit to chemical testing.
In proving whether a licensee refused to submit to chemical testing,
DOT has the burden of showing that the licensee was offered a meaningful
opportunity to submit to chemical testing. Petrocsko v. Department of
Transportation, Bureau of Driver Licensing, 745 A.2d 714, 716 (Pa. Cmwlth. 2000).
4 Sections 3802 of the Vehicle Code provides that an individual may not drive, operate, or
be in physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol
such that the alcohol concentration in the individual's blood or breath is over the respective
statutory threshold percentage within two hours after the individual has driven, operated, or been in
actual physical control of the movement of the vehicle. 75 Pa.C.S. §3802.
5
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If DOT satisfies its burden, the licensee must establish that the refusal was not
knowing or conscious or that the licensee was physically unable to take the test.
Broadbelt, 903 A.2d at 640.
Whether a motorist refused to submit to a chemical test is a question of
law that depends on the factual determinations of the trial court. Hudson v.
Department of Transportation, Bureau of Driver Licensing, 830 A.2d 594, 599 (Pa.
Cmwlth. 2003); Department of Transportation, Bureau of Traffic Safety v. Mumma,
468 A.2d 891, 892 (Pa. Cmwlth. 1983). It is well-settled that "anything less than an
unqualified, unequivocal assent" to submit to testing constitutes a refusal to do so.
Department of Transportation v. Renwick, 543 Pa. 122, 131, 669 A.2d 934, 938
(1996); Lanthier v. Department of Transportation, Bureau of Driver Licensing, 22
A.3d 346, 348 (Pa. Cmwlth. 2011); Miele v. Commonwealth, 461 A.2d 359, 360 (Pa.
Cmwlth. 1983). Furthermore, police officers are not required to spend time either
cajoling an arrestee or waiting for her to change her mind. Department of
Transportation, Bureau of Traffic Safety v. Ferrara, 493 A.2d 154,157 (Pa. Cmwlth.
1985).
It is also well-settled that silence can constitute a refusal. Renwick, 543
Pa. at 131, 669 A.2d at 939 (holding that by closing her eyes, turning her head, and
ignoring the requests, licensee refused to submit to chemical testing); Broadbelt, 903
A.2d at 641. In Broadbelt, the licensee was given approximately twelve minutes to
consider the warnings by the officer and was repeatedly asked to submit to blood
testing. This Court held that the licensee was given a meaningful opportunity to ask
questions and read the warnings and that his silence constituted a refusal. We
reasoned that police officers have no duty to ensure that the licensee understands the
6
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warnings and reaffirmed that anything less than an unqualified, unequivocal assent
constitutes a refusal. Id.
Here, Licensee was given a meaningful opportunity to understand the
warnings in the DL-26 Form and consent to chemical testing. Officer Funk read the
warnings in full to Licensee before she went to the bathroom and then again when she
returned. Officer Funk provided Licensee with an opportunity to read the warnings
and to ask questions, and Licensee never indicated that she did not understand the
warnings. Although Licensee was given only two minutes after she returned from the
bathroom to assent, approximately nine minutes elapsed from when Officer Funk first
read the warnings until his fifth request that Licensee submit to testing. We reaffirm
that police officers are not required to spend time either cajoling an arrestee or
waiting for her to change her mind. Ferrara, 493 A.2d at 156-57. Similar to the
situation in Broadbelt, Licensee was provided with ample opportunities to consent to
chemical testing, but she instead decided to ignore the requests and never made any
indication that she assented to take the test.
Licensee's reliance on Bomba is misplaced. In Bomba, the licensee was
arrested for DUI, and after being administered the warnings on the DL-26 Form, the
licensee consented to a breath test. A booking officer administered a breath test, but
the licensee did not provide a sufficient breath sample. The booking officer informed
the licensee that the failed breath test constituted a refusal, and the officer refused to
offer a second test. After the licensee was informed that she was deemed to have
refused the test, the licensee pleaded with the booking officer for another chance to
take the test. The licensee testified that she was very upset from her arrest and that it
affected her ability to provide a breath sample on the first test. The trial court
credited the licensee's testimony and found that the licensee did not refuse the test
7
because she made a good faith but unsuccessful attempt to provide a breath sample
and immediately requested to take the test again. On appeal, this Court affirmed. We
concluded that the facts as found by the trial court established that the licensee did
not refuse the test and that her conduct did not delay or evidence a deliberate attempt
to undermine the testing process. Id. at 949.
The facts of Bomba are readily distinguishable from the facts of the
present case. Unlike the licensee in Bomba, Licensee here did not manifest any kind
of assent or willingness to take the test at any point during the booking or after any of
Officer Funk's five requests to submit to chemical testing. Licensee argues that, like
the licensee in Bomba, she did not deliberately delay or undermine the testing process
and therefore did not refuse the chemical test. However, in this case, the trial court
specifically found that Licensee's conduct demonstrated a refusal and that her failure
to submit to testing was an attempt to delay the testing process. The trial court's
findings in this regard are supported by the record and render Bomba factually
inapposite. _
Citing Bomba, Licensee'also argues that because she was still within the
two hour limit for obtaining a chemical sample as required under section 3802 of the
Vehicle Code, Officer Funk should have given her more time to regain her
composure and consent. Licensee suggests that we extend a portion of our reasoning
in Bomba to the present facts and adopt a per se rule that gives arrestees more time to
consent so long as they are within the statutory two-hour limit to perform the
chemical testing. We decline Licensee's invitation to do so. Our decision in Bomba
never adopted such a rule, and this Court has never suggested that an arrestee must be
provided with a specific time span in which to consent to testing. Instead, this Court
has routinely held that a licensee must only be afforded "a meaningful opportunity"
8
to assent to testing. Petrocsko, 745 A.2d at 717. As explained above, the trial court
found that Licensee had a meaningful opportunity to assent to testing, never
affirmatively consented to testing, and was purposefully unresponsive to Officer
Funk's requests. Accordingly, we conclude that Bomba is limited by its unique facts
and is inapplicable here.
For the above-stated reasons, we hold that the trial court did not err in
determining the Licensee's silence constituted a refusal under section 1547 of the
Vehicle Code. Licensee does not attempt to negate her refusal by arguing that her
refusal was not knowing or conscious or that she was physically unable to take the
test. Finally, Licensee does not dispute that DOT fulfilled its burden of proof with
respect to the other elements of section 1547.
Accordingly, we affirm.
PA . A A. McCULL dge
9
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kimberly I. Grogg, •
Appellant •
: No. 24 C.D. 2013
v.
•
Commonwealth of Pennsylvania, -�
Department of Transportation,
Bureau of Driver Licensing • z
.-' . -i
Jy p'
ORDER C :
AND NOW, this 31st day of July, 2013, the December 13, 2012 order
of the Court of Common Pleas of Cumberland County is affirmed.
P • CIA A. McCULLO udge
d. There was no valid refusal and/or valid or timely request to
take a chemical test;
e. The petitioner was never given an adequate opportunity to
submit to a chemical testing.
WHEREFORE, your petitioner prays your Honorable Court to hold a hearing to determine the
validity of the suspension outlined in Exhibit A.
Respectfully submitted,
MANCKE, WAGNE; = SPREHA
Edward F. r J r., Esq.
Attorney 1 ' o. •61
Attorney for Defendant
2233 North Front Street
Harrisburg, PA 17110
717-234-7051
Dated: q- -id-
•
FILED-OF F, ;l
ur �Nt: P�(••`
THE PROTHUNOTA; ''
KIMBERLY i. GROGG. 21112 DEC it 2312 DEC i I+ AM II: 50
Petitioner eum8ERLApu ERLANO C s"
PENNSY. ENNSY
v. 4161%
COMMONWEALTH OF IN THE COURT OF COMMON PLEAS
PENNSYLVANIA, DEPARTMENT OF OF THE NINTH JUDICIAL DISTRICT
TRANSPORTATION, BUREAU OF
DRIVER LICENSING
Respondent 2012-05518 CIVIL TERM
IN RE: LICENSE SUSPENSION APPEAL
ORDER OF COURT
AND NOW, this 13th day of December 2012, following a hearing on the License
Suspension Appeal, it is found that following an incident at the Park inn facility in
Hampden Township, Cumberland County, a dispatched Hampden Township Police
Officer found Petitioner behind the wheel of a vehicle described by a County Probation
Officer, who had removed the keys from Petitioner's vehicle upon witnessing the
incident, the Police Officer made contact with Petitioner, observed classic signs of
intoxication, arrested Petitioner and transported Petitioner to the Cumberland County
Booking Center, where Petitioner consciously refused to submit to chemical testing after
the Officer had twice given complete verbatim chemical test warnings and subsequently
explained, in plain, English to Petitioner the consequences of failing to provide a
chemical test sample, without any response from Petitioner, which conduct was properly
deemed a refusal the appeal of the license suspension is DISMISSED, and the
suspension that is the basis of this appeal shall be REINSTATED.
B THE CIILIBI,_
Thom A. Placey C.P.J.
Distribution:
/Edward F. Spreha,Jr., Esq.2233 North Front Street Harrisburg, PA 17110
V Philip Sricknell, Esq. PennDOT,Office of Chief Counsel,Third Floor Office of Chief Counsel, Third Floor,
Riverfront Office Center, Harrisburg, PA 17104-2518
- ►e5 `tti.I fd !1/z//.-
FILED-OF FICc.
OF THE PROTHONOTAf::
2013 MAR 20 PM 1: 49
CUMBERLAND CO NTY
KIMBERLY I. GROGG, PENNSYLVANI
Appellant
v. . ,. .,
COMMONWEALTH OF IN THE COURT OF COMMON PLEAS
PENNSYLVANIA DEPARTMENT OF OF THE NINTH JUDICIAL DISTRICT
TRANSPORTATION BUREAU OF 2012-05518 CIVIL TERM
DRIVER LICENSING,
Appellee LICENSE SUSPENSION APPEAL
IN RE: OPINION PURSUANT TO Pa.R.A.P. 1925
Placey, C.P.J., 20 March 2013.
The present case arises from an appeal of a PennDOT suspension to the
Cumberland County Court of Common Pleas, which was dismissed on 13 December
2012. Following that decision, Appellant, Kimberly I. Grogg, hereinafter"Licensee,"filed
a timely appeal to the Commonwealth Court. Licensee's Concise Statement of Matters
Complained of on Appeal alleges that this court committed an error of law when it
dismissed the license suspension appeal and found that Licensee consciously refused
to submit to chemical testing. This opinion is in support of the 13 December 2012
decision.
FINDING OF FACTS
The salient facts from the hearing are as follows:
1. On 14 July 2012, a multiple year veteran officer, hereinafter the "Officer," of
the Hampden Township Police Department was working his shift on uniform
patrol duty.'
1 Notes of Testimony, 12 December 2012, p. 5-6(hereinafter N.T. at_).
2. The Officer was dispatched by Cumberland County Dispatch Center to the
report of a hit and run crash in the parking lot of a bar.2
3. The Officer was advised that a probation officer, who was making the call to
the dispatch center, had made contact with Licensee and suspected that she
may be under the influence of alcohol.3
4. Upon arriving at the scene, the Officer spoke with the probation officer on
duty, who related information regarding what had occurred when Licensee
attempted to leave the parking lot.4
5.. The location of the bar is associated with the hotel known as the Park Inn,
located along the Carlisle Pike.5
6. Access to the Park Inn is controlled by a traffic light on the Carlisle Pike
where it intersects with I Street on the Navy Depot side, and Van Patten Drive
on the Park Inn side.6
7. The police contact occurred in the parking lot as Licensee's vehicle was
stopped by the probation officer while attempting to exit via Van Patten Drive
at the traffic light controlled intersection.'
2 N.T. at 6.
3 N.T. at 6-7.
4 N.T. at 7-8.
5 N.T. at 18.
6 N.T. at18.
' N.T. at 19.
2
8. The Officer made contact with Licensee while she was still inside the vehicle
and noted that she was chewing on mints, had red glassy eyes, and simply
stared at the Officer when he asked about the incident.8
9. The Officer asked Licensee to exit her vehicle to perform field sobriety testing,
which was conducted at the T-Mobile business located at a separate,
unconnected parking lot adjoining the roadway or the hotel/bar parking lot.9
10. The Officer noted at least six (6) distinct indicators of intoxication during the
field sobriety testing.10
11. In addition to these indicators, the Officer was informed of the parole officer's
observation that Licensee was unable to drive safely and Licensee's
admission to the Officer that she drank an alcoholic beverage, all of which led
the Officer to conclude that Licensee was under the influence of alcohol.11
12. Licensee was placed under arrest for driving under the influence and
transported to Cumberland County Booking Center located within the
Cumberland County Prison for DUI processing and a chemical test.12
13. Thereafter, Licensee's actions, as shown in Commonwealth's Exhibit 2, were
deemed by the Officer to be a refusal.13
a N.T. at 7-8.
6 N.T. at 8.
10 N.T. at 11-3.
11 N.T. at 7, 11, 13.
12 N.T. at 13.
13 N.T. at 15.
3
14. Commonwealth's Exhibit 2, which is the video recording of Licensee's
processing at the Cumberland County Booking Center, shows in sequential
order the following: (a) a booking officer providing audio visual warnings to
Licensee, (b) the DL-26 form being read to Licensee verbatim by the Officer,
(c) a break of almost five minutes so Licensee could use the ladies' room, (d)
a rereading of the DL-26 warnings verbatim by the Officer during which time
Licensee began to sob audibly, and finally (e) the Officer asking no less than
five times in various ways for Licensee to take the chemical test which was
met with increased audible sobbing until the Officer deemed her response a
refusal and left the video processing area.
15. Commonwealth's Exhibit 2 then shows Licensee's interaction with a booking
officer, at which time Licensee was no longer audibly sobbing and was
making inquiries, challenging the booking officer, and answering some of the
booking officer's questions.
16. The court did not consider any actions by Licensee as shown by the video
after she indicated to a booking officer that she wanted to talk to an attorney.
DISCUSSION
In order to sustain this Licensee's suspension for a refusal to submit to chemical
testing under Section 1547 of the Vehicle Code, the Commonwealth must establish that
Licensee: (1) was arrested by a police officer who had reasonable grounds to believe
that the licensee was operating or physically controlling a vehicle while under the
influence of alcohol; (2)was asked to submit to a chemical test; (3) refused to do so;
and (4)was warned that refusal might result in a license suspension. Kollar v. Dep't of
4
Transp., Bureau of Driver Licensing, 7 A.3d 336, 339 (Pa. Cmwlth. 2010). "The
standard of reasonable grounds to support a license suspension does not rise to the
level of probable cause required for a criminal prosecution." Sisinni v. Dept of
Transp., Bureau of Driver Licensing, 31 A.3d 1254, 1257, (Pa. Cmwlth. 2011), citing
Banner v. Dep't of Transp., Bureau of Licensing, 737 A.2d 1203, 1207 (Pa. 1999).
In order to find reasonable grounds exist, the court must view the circumstances as they
appeared at the time of the incident and determine whether a person in the position of
the police officer could have resolved that the licensee was indeed operating a vehicle
• under the influence of alcohol. Id., citing Stahr v. Dep't of Transp., Bureau of Driver
Licensing, 969 A.2d 37, 40 (Pa. Cmwlth. 2009).
Under Pennsylvania jurisprudence, it is well-settled that anything less than an
"unqualified, unequivocal assent" constitutes a refusal under Section 1547 of the
Vehicle Code. Dep't of Transp. v. Renwick, 669 A.2d 934, 939 (Pa. 1996). A refusal
may be demonstrated by a licensee's conduct rather than verbal expressions. See,
e.g., Id. (upon request to submit to testing, the licensee closed her eyes, turned her
head, and ignored the officer); McCloskey v. Dep't of Transp., Bureau of Driver
Licensing, 722 A.2d 1159, 1163 (Pa. Cmwlth. 1999) (a licensee intentionally stalled
and failed to respond for eight minutes after being read implied consent warnings). "The
frustration of purpose doctrine provides that a refusal under Section 1547 can be
implied from the conduct of the licensee which obstructs or frustrates the administration
of the chemical test." McCamey v. Commonwealth, 601 A.2d 471, 472, n. 2 (P.
Cmwlth. 1991). "Police officers are not required to spend time either cajoling an
arrestee or waiting for him to change his mind." Dept of Transp. v. Ferrara, 493 A.2d
5
154, 156-7 (Pa.Cmwlth. 1985)
Reasonable grounds. Upon consideration of the facts presented, the Officer had
more than reasonable grounds to believe that Licensee was operating a vehicle while
under the influence of alcohol. Prior to arriving, the Officer was supplied with
information from dispatch of a hit and run incident, which was corroborated by an on-
scene report from an eyewitness. The Officer was then duty bound to investigate further
and found an unresponsive Licensee behind the wheel, who exhibited classic signs of
intoxication. Taken together, these facts are sufficient to support the conclusion that the
Officer had reasonable grounds.
Request to submit and refusal. On two separate occasions following the reading
of the implied consent warnings, the Officer requested Licensee to submit to a chemical
test. Each time, Licensee was non-responsive to the inquiry. During the first occasion,
Licensee responded by requesting to use the bathroom, which the Officer courteously
and professionally permitted; however, it is noted that the law would not require him to
do so. Upon Licensee's return from the bathroom, the Officer repeatedly and in various
ways requested the Licensee to submit to a chemical test. In all of these requests,
Licensee's refusal was demonstrative rather than verbal. It was not lost in this court's
review of the video that after the Officer's departure, following his determination that
Licensee's response was a refusal, that Licensee was able to verbalize not only her
responses, but was able to conduct her own interrogation of the booking officer.
Warning of consequences of refusal. The video clearly shows the Officer reading
verbatim, not once but twice, the implied consent warnings required from PennDOT's
form DL-26. A copy of the warning that was used is part of the Commonwealth's Exhibit
6
1. The Officer read it clearly and distinctly without undue haste or intemperate tonal
reflection. This is a classic example of what the courts expect from our police officers.
CONCLUSION
The testimony of the Officer, corroborated by the video of the Officer's interaction
at the booking center, clearly demonstrates reasonable grounds to request Licensee to
submit to a chemical test, which she demonstratively refused to do after hearing two
verbatim warnings that refusal may result in license suspension. This judgment is more
than amply supported by the record and the Commonwealth Court should affirm the 13
December 2012 decision, which dismissed the license suspension appeal and
reinstated the license suspension.
BY THE COURT,
Thom s A. Placey C.P.J.
Distribution:
/Edward F. Spreha, Jr., Esq.
Philip Bricknell, Esq.
d es M '1'ca
,3/a a�/3
7
s �
1t7' i:U�i1.
Ui3 JUN 12 PM 12: R
OUMRERLANJ
PENNSYLVANIA
KIMBERLY I. GROGG, :IN THE COURT OF COMMON PLEAS
Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
v. :NO. 12-5518 CIVIL
COMMONWEALTH OF PENNSYLVANIA :LICENSE SUSPENSION APPEAL
DEPARTMENT OF TRANSPORTATION :
BUREAU OF DRIVER LICENSING,
•
Respondent
PETITIONER'S REQUEST FOR SUPERSEDEAS
AND NOW, comes Kimberly Grogg, hereinafter Appellant, by and through her
attorneys, Wagner& Spreha, who respectfully represent:
1. The Appellant has filed a timely appeal to the Commonwealth Court
as a result of this Courts dismissal of her license suspension appeal for an alleged chemical
test refusal that occurred on July 14, 2012 in Cumberland County, Pennsylvania.
2. After the dismissal of the appellants license suspension appeal, the Department of
Transportation has reinstituted her 12 month suspension of her Pennsylvania driving
privileges.
3. The appellant is requesting that this Court order that her pending appeal stay the
suspension of her driving privileges pending the outcome in the Commonwealth Court.
4. If this Court does not grant her request, she will be irreparably harmed pending the
disposition of the appeal as she requires her driving privileges for her employment and care
taking of her child.
5. The Department of Transportation will not be prejudiced by the granting of this stay
as, if the appellant is unsuccessful in her appeal, the Department will be permitted to reinstate
the suspension.
the suspension.
WHEREFORE, the appellant respectfully requests this Court order that her suspension
be stayed pending the outcome of her appeal.
Respectfully submitted,
WAGNER&SPREHA
Edward F. Spr a,'J . sq.
Attorney ID N 7786;
Attorney for Defendant
2233 North Front Street
Harrisburg, PA 17110
•
717-234-7051
Dated. ( -
6
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kimberly I. Grogg,
Appellant •
: No. 24 C.D. 2013
v. c a
Submitted: June 28, 2013
f-ri Commonwealth of Pennsylvania, z '_o r'
Department of Transportation, "'r '71• .Cb qc.
Bureau of Driver Licensing a-5511
BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge
HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE ANNE E. COVEY, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE McCULLOUGH FILED: July 31, 2013
Kimberly I. Grogg (Licensee) appeals from the December 13, 2012
order of the Court of Common Pleas of Cumberland County (trial court) denying her
statutory appeal from a one-year suspension of her driving privileges imposed by the
Department of Transportation (DOT) pursuant to section 1547(b)(1) of the Vehicle
Code. We affirm.
On July 14, 2012, Officer Nathaniel Funk of the Hampden Township
Police Department responded to a hit-and-run crash in the parking lot of a local bar
while on uniformed patrol duty. (Reproduced Record (R.R.) at 16a.) Before Officer
1 Section 1547(b)(1)(i) provides that if any person placed under arrest for driving while
under the influence is requested to submit to a chemical test and refuses to do so, DOT shall
suspend the person's operating privilege for one year. 75 Pa.C.S. §1547(b)(1)(i).
•
•
Funk reached the scene of the collision, the Cumberland County Dispatch Center
advised the Officer that a witness had made contact with Licensee and that he •
suspected Licensee was under the influence of alcohol. (R.R. at 16a-17a.)" When
Officer Funk arrived at the parking lot, the witness who related the facts of the hit
and-run reiterated his suspicion that Licensee was under the influence of alcohol.
(R.R. at 17a-18a.)
Officer Funk made contact with the Licensee while she was still in her
vehicle and observed that she was chewing on mints, had red glassy eyes, and was
unresponsive to his questions. M. Officer Funk then escorted Licensee to a nearby
parking lot to conduct field sobriety testing. (R.R. at 18a-19a.) Before conducting
the field sobriety tests, Licensee admitted that she had consumed one drink. (R.R. at
21a.) Officer Funk conducted field sobriety testing and observed several indicators
of intoxication. (R.R. 18a-23a, 55a.) After considering Licensee's performance in
the field sobriety test, the circumstances of the hit-and-run, and Licensee's admission;
Officer Funk concluded that Licensee was unable to operate her vehicle and placed
Licensee under arrest for driving while under the influence of alcohol or a controlled
substance (DUI). (R.R. at 23a, 55a.)
Officer Funk transported Licensee to Cumberland County Prison and
placed her in the .custody. .of..the corrections officers fon:processing. and..chemicai.
testing. (R.R. at 24a.) Officer Funk read verbatim the chemical test warnings to
Licensee from the DL-26 Forme and signed the affidavit on the bottom of the form
2 Form DL-26 contains the chemical testing warnings required by section 1547 of the
Vehicle Code, 75 Pa.C.S. §1547, pursuant to our Supreme Court's decision in Department of
Transportation, Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989). These
warnings inform a motorist that he or she is under arrest; that he or she is being requested to submit •
to a chemical test;that he or she will lose his or her operating privileges and potentially face stricter
(Footnote continued on next page...)
2
•
•
indicating that he had read the warnings. (R.R. at 25a-26a, 56a.) Officer Funk also
informed Licensee that if she refused to consent to chemical testing she could lose her
license for twelve to eighteen months. (R.R. at 56a.) Officer Funk then offered to let
Licensee read the warnings herself from the DL-26 Form, but, in reply, Licensee
asked to go to the ladies' room. (R.R. at 56a.) Officer Funk allowed Licensee to go
to the bathroom, where she was away for approximately five minutes. (R.R. at 56a.)
When Licensee returned from the bathroom, Officer Funk re-read the warnings from
the DL-26 Form, during which Licensee began crying. (R.R. at 27a, 56a.) Officer
Funk next asked Licensee to take the chemical test five different times, but she did
not respond to his requests. (R.R. at 56a.) After waiting two minutes for Licensee to
respond, Officer Funk deemed Licensee's conduct a refusal to submit to chemical
testing. (R.R. at 27a, 55a.) When Officer Funk left the booking room, Licensee
carried on a conversation with the booking officer, where she asked questions and
indicated that she wanted an attorney. (R.R. at 56a.)
After receiving notice that Licensee refused to submit to chemical
testing, DOT mailed her a notice on August 7, 2012, advising her that her driving
privileges were being suspended for a period of twleve months, effective September
11, 2012, pursuant to section 1547(b)(1)(i) of the Vehicle Code. (R.R. at 6a.)
Licensee filed a:timely appeal, and on December 12, 2012, the trial,court held,a.de
novo hearing. (R.R. at 10a.)
At the hearing, Officer Funk testified that the hit-and-run collision
occurred at approximately 1:34 a.m. (R.R. at 26a.) He then testified that he and
(continued...)
criminal penalties if the request is refused; and that there is no right to remain silent or speak to an
attorney.
•
3
Licensee arrived at Cumberland County Prison at 2:30 a.m., and he read Licensee the
DL-26 Form at approximately 2:32 a.m. (R.R. at 27a.) Officer Funk testified that at
2:41 a.m., he determined that Licensee had refused to submit to chemical testing.
(R.R. at 27a.) Officer Funk stated that although Licensee did not verbally refuse to
take the test, he considered her conduct in failing to respond to his requests to take
the test as evidencing a refusal. (R.R. at 27a-28a.)
DOT admitted a video recording of the booking into evidence. (R.R. at
24a-25a.) The recording showed Officer Funk reading the warnings from the DL-26
Form, after which Licensee was given a five-minute bathroom break. (R.R. at 25a,
56a.) When Licensee returned, Officer Funk re-read the warnings, Licensee began to
cry, and Officer Funk requested that Licensee submit to testing five times. (R.R. at
56a.) After approximately two minutes of waiting, Officer Funk determined that her
lack of a response constituted a refusal. (R.R. at 32a-34a, 56a.)
By order dated December 13, 2012, the trial court dismissed Licensee's
appeal. The trial court determined that: (1) Officer Funk had reasonable grounds to
believe that Licensee was operating or physically controlling a vehicle while under
the influence of alcohol; (2) Officer Funk requested Licensee to submit to a chemical
test on multiple occasions; (3) Licensee refused to do so by not responding to the
requests;sand (4) L-icenseer.was•.warned that she may lose her license if she-did not. -
submit to the tests. (R.R. at 48a, 58a-59a.)
On appeal to this Court,3 Licensee argues that the trial court erred in
concluding that she refused to submit to chemical testing. Relying on Bomba v.
3 Our scope of review is limited to determining whether the findings of fact are supported by
competent evidence or whether the trial court committed an error of law or an abuse of discretidn in
reaching its decision. Pasecki v. Department of Transportation, Bureau of Driver Licensing, 6 A.3d
1067, 1070 (Pa. Cmwlth. 2010).
(Footnote continued on next page...)
4
•
Department of Transportation, Bureau of Driver Licensing, 28 A.3d 946 (Pa.
Cmwlth. 2011), Licensee argues that her actions do not demonstrate an attempt to
deliberately delay or undermine the testing process because the Commonwealth still
had close to an hour to obtain a blood sample for purposes of section 3802 of the
Vehicle Code.4 Licensee claims that she became emotional when faced with the
gravity of the situation, asserts that when she returned from the bathroom she was
only provided with two minutes to submit to the chemical testing, and argues that
Officer Funk should have given her more time before recording the refusal.
In order to sustain a suspension of operating privileges under section
1547 of the Vehicle Code, DOT must establish that: (1) the licensee was arrested for
drunken driving by a police officer who had reasonable grounds to believe that the
motorist was operating a motor vehicle while under the influence of alcohol; (2) the
licensee was requested to submit to a chemical test; (3) the licensee refused to submit;
and (4) the licensee was warned that refusal would result in a license suspension.
Broadbelt v. Department of Transportation, Bureau of Driver Licensing, 903 A.2d
636, 640 (Pa. Cmwlth. 2006). The only issue in this appeal is whether Licensee
refused to submit to chemical testing.
In proving whether a licensee refused to submit to chemical testing,
DOT has the burden of sh owing that the licensee was offered .a meaningful
opportunity to submit to chemical testing. Petrocsko v. Department of
(continued...)
4 Sections 3802 of the Vehicle Code provides that an individual may not drive, operate, or
be in physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol
such that the alcohol concentration in the individual's blood or breath is over the respective
statutory threshold percentage within two hours after the individual has driven, operated, or been in
actual physical control of the movement of the vehicle. 75 Pa.C.S. §3802.
5
•
Transportation, Bureau of Driver Licensing, 745 A.2d 714, 716 (Pa. Cmwlth. 2000).
If DOT satisfies its burden, the licensee must establish that the refusal was not
knowing or conscious or that the licensee was physically unable to take the test.
Broadbelt, 903 A.2d at 640. ' - •
Whether a motorist refused to submit to a chemical test is a question of
law that depends on the factual determinations of the trial court. Hudson v.
Department of Transportation, Bureau of Driver Licensing., 830 A.2d 594, 599 (Pa.
Cmwlth. 2003); Department of Transportation, Bureau of Traffic Safety v. Mumma,
468 A.2d 891, 892 (Pa. Cmwlth. 1983). It is well-settled that "anything less than an
unqualified, unequivocal assent" to submit to testing constitutes a refusal to do so.
Department of Transportation v. Renwick, 543 Pa. 122, 131, 669 A.2d 934, 938
(1996); Lanthier v. Department of Transportation, Bureau of Driver Licensing, 22
A.3d 346, 348 (Pa. Cmwlth. 2011); Miele v. Commonwealth, 461 A.2d 359, 360 (Pa.
Cmwlth. 1983). Furthermore, police officers are not required to spend time either
cajoling an arrestee or waiting for her to change her mind. Department of
Transportation, Bureau of Traffic Safety v. Ferrara, 493 A.2d 154,157 (Pa. Cmwlth.
1985).
It is also well-settled that silence can constitute a refusal. Renwick, 543
Pa."at-13'1;'669 A.2d at 939•(holding.that-by.closing her.eyes;'turning her.head; .and•
ignoring the requests, licensee refused to submit to chemical testing); Broadbelt, 903
A.2d"at 641. In Broadbelt, the licensee was given approximately twelve minutes to
consider the warnings by the officer and was repeatedly asked to •submit to blood
testing. This Court held that the licensee was given a meaningful opportunity to ask
questions and read the warnings and that his silence constituted a refusal.' •We
reasoned that police officers have no duty to ensure that the licensee understands &
6
warnings and reaffirmed that anything less than an unqualified, unequivocal assent
constitutes a refusal. Id.
Here, Licensee was given a meaningful opportunity to understand the
warnings in the DL-26 Form and consent to chemical testing. Officer Funk read the
warnings in full to Licensee before she went to the bathroom and then again when she
returned. Officer Funk provided Licensee with an opportunity to read the warnings
and to ask questions, and Licensee never indicated that she did not understand the
warnings. Although Licensee was given only two minutes after she returned from the
bathroom to assent, approximately nine minutes elapsed from when Officer Funk first
read the warnings until his fifth request that Licensee submit to testing. We reaffirm
that police officers are not required to spend time either cajoling an arrestee or
waiting for her to change her mind. Ferrara, 493 A.2d at 156-57. Similar to the
situation in Broadbelt, Licensee was provided with ample opportunities to consent to
chemical testing, but she instead decided to ignore the requests and never made any
indication that she assented to take the test.
Licensee's reliance on Bomba is misplaced. In Bomba, the licensee was
arrested for DUI, and after being administered the warnings on the DL-26 Form, the
licensee consented to a breath test. A booking officer administered a breath test, but
the licensee did not provide a sufficient breath sample. The booking officer informed ;
the licensee that the failed breath test constituted a refusal, and the officer refused to
offer a second test. After the licensee was informed that she was deemed to have
refused the test, the licensee pleaded with the booking officer for another chance to
take the test. The licensee testified that she was very upset from her arrest and that it
affected her .ability to provide a breath sample on the first test. The trial .court
credited the licensee's testimony and found that the licensee did not refuse the test
7
•
because she made a good faith but unsuccessful attempt to provide a breath sample
and immediately requested to take the test again. On appeal, this.Court affirmed. We
concluded that the facts as found by the trial court established that the licensee did
not refuse the test and that her conduct did not delay or evidence a deliberate attempt
•
to undermine the testing process. Id. at 949.
The facts of Bomba are readily distinguishable from the facts of the
present case. Unlike the licensee in Bomba, Licensee here did not manifest any kind
of assent or willingness to take the test at any point during the booking or after any of
Officer Funk's five requests to submit to chemical testing. Licensee argues that, like
the licensee in Bomba, she did not deliberately delay or undermine the testing process
and therefore did not refuse the chemical test. However, in this case, the trial court
specifically found that Licensee's conduct demonstrated a refusal and that her failure
to submit to testing was an attempt to delay the testing process. The trial court's
findings in this regard are supported by the record and render Bomba factually
inapposite.
Citing Bomba, Licensee also argues that because she was still within the
two hour limit for obtaining a chemical sample as required under section 3802 of the
Vehicle Code, Officer Funk should have given her more time to regain her
composure and consent. Licensee suggests that we extend a portion of our reasoning
in Bomba to the present facts and adopt a per se rule that gives arrestees more time to
consent so long as they are within the statutory two-hour limit to perform the
chemical testing. We decline Licensee's invitation to do so. Our decision in Bomba
never adopted such a rule, and this Court has never suggested that an arrestee must be
provided with a specific time span in which to consent to testing. Instead, this Court
has routinely held that a licensee must only be afforded "a meaningful opportunity"
8
to assent to testing. Petrocsko, 745 A.2d at 717. As explained above, the trial court
found that Licensee had a meaningful opportunity to assent to testing, never
affirmatively consented to testing, and was purposefully unresponsive to Officer
Funk's requests. Accordingly, we conclude that Bomba is limited by its unique facts
and is inapplicable here.
For the above-stated reasons, we hold that the trial court did not err in
determining the Licensee's silence constituted a refusal under section 1547 of the
Vehicle Code. Licensee does not attempt to negate her refusal by arguing that her
refusal was not knowing or conscious or that she was physically unable to take the
test. Finally, Licensee does not dispute that DOT fulfilled its burden of proof with
respect to the other elements of section 1547.
Accordingly, we affirm.
4
PA ' CIA A. McCULLO udge
•
•
9
..
•
•
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Kimberly I. Grogg, •
Appellant •
•
No. 24 C.D. 2013
V. •
. -p3 c=)' --4
•
CZ) rn!z
Commonwealth of Pennsylvania, • x� �?
Department of Transportation, • ac
Bureau of Driver Licensing • E ,a. m
• Z`(-j ,;
•
x cam '
ORDER
AND NOW, this 31st day of July, 2013, the December 13, 2012 order
of the Court of Common Pleas of Cumberland County is affirmed.
PA CIA A. McCULL*.• y udge
•
Certified from the Record
JUL 312013
and Order Exit
k‘b ��
alBenjamin Grogg <grogg1263 @gmail.corn>
Schedule
Benjamin Grogg <grogg1263 @gmail.com> Mon,Aug 5, 2013 at 9:02 AM
To: Kimberly Grogg <KimberlyLuvsL @verizon.net>
Kimberly,
We have had our current schedule for nearly two years. When Dr. Sheinvold did our custody evaluation he
recommended a 2,2,5 schedule. This is a recommendation I would like to follow. I believe with the school year
coming up, it may prove to be a better schedule for Elaina since it limits the back and forth. I am asking for you
cooperation in this change to the schedule.
One of us would always have Monday/Tuesday and the other Wednesday/Thursday, then on our weekend it would
be five days. I have attached a copy of a sample schedule showing September and also January.We could
alternate which days we have, we could alternate who has which days on the calendar year, or as you see fit. If
you agree to the 2,2,5, I will start with whatever weekdays work best for your schedule.
I think if we could agree on a schedule prior to the new year on Aug 26,we could maintain consistency for Elaina.
Please respond with your thoughts and suggestions so we can get something worked out.
V/R,
Benjamin
EMILY LONG HOFFMAN
ATTORNEY AT LAY.'
P.O.Box 11475
HARRISBURG,PA 17108-1475
717.233.1112
255:LMARKSr STREET CELL: 717.979.8849
MILLERSBURG,PA 17061 FAX: 717.370.5515
ernilylonglioffman@comeast.net
October 23,2013
•
Elizabeth B. Stone,Esquire
414 Bridge Street
New Cumberland,PA 17070
Re: Grogg v. Grogg
Dear Lisa:
With regard to the above-referenced matter,we are requesting a modification of the
overnight schedule to a 2-2-5 schedule as recommended by Dr. Shie old in the Custody
Evaluation. Under the 2-2-5 schedule, one parent always has Monda s and Tuesdays overnight.
The other parent always has Wednesdays and Thursdays overnight. .e parties would stay on
their current weekend schedules. The parties would alternate the Mo • .y/Tuesday and
WednesdayiThursday arrangement on a yearly basis.
This change main -••s the current 50-50 custody allocation le still allowing each
parent to see Elaina each eek. The 2-2-5 schedule will add consiste i cy and stability to Elaina's
schedule by providing a ro tine for her during the school week with l s shuffling of Elaina
between the parties'hom- - She will know where she is supposed to •e each night. We feel this
is in Elaina's best interests as the best way to balance her homework , d extracurricular
schedule. Each party cowl• still have daily contact through Elaina's e. tracurricular activities and
the school's policy to allo' visitors at lunch.
Ben and Kimberly ave not been able to agree on the 2-2-5 sc.edule during a past
discussion on the matter. 1:efore filing a Modification for Custody with the court,Ben would
like to make a final effort r. co-parent through informal means by r-• esting that Kimberly agree
to a 2-2-5 schedule where •..berly chooses the weekdays that she •uld like to start with. In
addition,Ben asks that • .berly abide by their current custody order and tell him of any major
changes in their custodial •ituation.
Attached is a c '..'.al docket and corresponding revocation o driving privileges for one
year. This is a major change that Kimberly did not disclose to Ben = d a direct violation of their
current custody agreement Ben further requests that Kimberly share e details surrounding this
conviction including any Ceatment/need for treatment due to alcohol •1 d how she will provide
for alternative and emerg-•cy transportation of their daughter. If • iberly cannot be
d d8E Z0 EL 8Z 1-0O
forthcoming with this information,Ben is prepared to seek majority c •dy of Elaina so that he
can ensure she is properly cared for.
Please discuss this matter with your client and respond to me 'y October 31st with her
thoughts.
Sincerely yours,
Emi Long! o an
Enclosure
cc: Benjamin Grogg
j
Z.d d6E:ZO El. 8Z PO
. .
\i er,b0l(4y � Cl em
PLAINTIFF IN THE COURT OF COMMON PLEAS
- mrer t nct COUNTY, PENNSYLVANIA
NO. O(o-3O5C'111 i ( Tern"v am■n P t. L rO
DEFEN d T
.`? r-.
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION _ t'=„3
-i
BJCfr%I. Y\ /A . G (Oy) , hereby swear or affirm, subject
PRINT NAME �• > PO C
to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: < - _
)'• ) a-..
.d L:.? 1�.^�'
1. Unless indicated by my checking the"YES" box next to a crime below, neither I nor any other me• -ratter c
my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the -
record is publicly available pursuant to the Juvenile Act,42 Pa.C.S. §6307 to any of the following crimes in
Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges:
Answer Crime Self Other Date of conviction, Sentence
Yes or No household guilty plea, no
member contest plea or
YES NO pending charges
❑ 1/ 18 Pa.C.S. Ch. 25 ❑ ❑
(relating to criminal homicide)
❑ [I 18 Pa.C.S. §2702 (relating to ❑ ❑
aggravated assault)
❑ T 18 Pa.C.S. §2706 ❑ ❑
(relating to terroristic threats)
❑ P" 18 Pa.C.S. §2709.1 ❑ ❑
(relating to stalking)
❑ NZ 18 Pa.C.S. §2901 ❑ ❑
(relating to kidnapping)
9-3-13
Answer Crime Self Other Date of conviction, Sentence
Yes or No household guilty plea, no
member contest plea or
pending charges
YES NO
❑ [� 18 Pa.C.S. §2902 ❑ ❑
(relating to unlawful restraint)
❑ [ 18 Pa.C.S. §2903 ❑ ❑
(relating to false
imprisonment)
❑ 18 Pa.C.S. §2910 ❑ ❑
(relating to luring a child into
a motor vehicle or structure)
❑ [� 18 Pa.C.S. §3121 ❑ ❑
(relating to rape)
❑ [� 18 Pa.C.S. §3122.1 ❑ ❑
(relating to statutory sexual
assault)
❑ [ 18 Pa.C.S. §3123 ❑ ❑
(relating to involuntary
deviate sexual intercourse)
❑ [ 18 Pa.C.S. §3124.1 ❑ ❑
(relating to sexual assault)
❑ [V 18 Pa.C.S. §3125 ❑ ❑
(relating to aggravated
indecent assault)
❑ [( 18 Pa.C.S.§3126 ❑ ❑
(relating to indecent assault)
9-3-13
Answer Crime Self Other Date of conviction, Sentence
Yes or No household guilty plea, no
member contest plea or
pending charges
YES NO
❑ 18 Pa.C.S. §3127(relating to ❑ ❑
indecent exposure)
❑ [� 18 Pa.C.S. §3129 ❑ ❑
(relating to sexual intercourse
with animal)
❑ E:V/ 18 Pa.C.S. §3130 ❑ ❑
(relating to conduct relating to
sex offenders)
❑ [� 18 Pa.C.S. §3301 ❑ ❑
(relating to arson and related
offenses)
❑ 18 Pa.C.S. §4302 ❑ ❑
(relating to incest)
❑ [� 18 Pa.C.S. §4303 ❑ ❑
(relating to concealing death
of child)
❑ [ 18 Pa.C.S.§4304 ❑ ❑
(relating to endangering
welfare of children)
❑ [� 18 Pa.C.S.§4305 ❑ ❑
(relating to dealing in infant
children)
❑ [� 18 Pa.C.S. §5902(b) ❑ ❑
(relating to prostitution and
related offenses)
9-3-13
Answer Crime Self Other Date of conviction, Sentence
Yes or No household guilty plea, no
member contest plea or
pending charges
YES NO
❑ RI' 18 Pa.C.S. §5903(c)or(d) ❑ El
(relating to obscene and other
sexual materials and
performances)
El / 18 Pa.C.S. §6301 El El
(relating to corruption of
minors)
❑ [� 18 Pa.C.S. §6312 ❑ ❑
(relating to sexual abuse of
children)
❑ 18 Pa.C.S. §6318 ❑ El
(relating to unlawful contact
with minor)
❑ 18 Pa.C.S. §6320 ❑ ❑
(relating to sexual exploitation
of children)
❑ [� 23 Pa.C.S.§6114 El El
(relating to contempt for
violation of protection order or
agreement)
❑ Driving under the influence of ❑ El
drugs or alcohol
❑ [ Manufacture, sale,delivery, ❑ ❑
holding, offering for sale or
possession of any controlled
substance or other drug or
device
9-3-13
2. Unless indicated by my checking the"YES"box next to an item below, neither I nor any other
member of my household have a history of violent or abusive conduct including the following:
Answer Self Other Date
Yes or No household
member
YES NO
❑ Ud A finding of abuse by a Children & Youth Agency or ❑ ❑
similar agency in Pennsylvania or similar statute in
another jurisdiction
❑ Abusive conduct as defined under the Protection from ❑ ❑
Abuse Act in Pennsylvania or similar statute in another
jurisdiction
❑ Other: ❑ ❑
3. Please list any evaluation,counseling or other treatment received following conviction or
finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child.
9-3-13
5. If you are aware that the other party or members of the other party's household has or have a
criminal/abuse history, please explain:
I verify that the statements made in the Criminal Record/Abuse History Verification 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 and can
be punishable by fine or Imprisonment.
r i
Signature
BLS (41441 ► 4 Gro55
Printed Warne
9-3-13
VERIFICATION
I, Benjamin A. Grogg, upon my personal knowledge, information, and belief, aver that
the facts averred and statements made in the attached document are true and correct to the best of
my knowledge.
I understand that false statements or Averments therein made will subject me to the
criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Benj in A. Grogg
Date:
KIMBERLY I. GROGG IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAIk `-�
t �
V. tom! rr, rr__
2006-305 CIVIL ACTION LAWi
BENJAMIN A. GROGG ,
IN CUSTODY -°
DEFENDANT ' i
ORDER OF COURT
AND NOW, Thursday,December 05,2013 , 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 Wednesday,January 08,2014 10:00 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court(including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days.after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P.No. 1.915.17 regarding relocation.
FOR THE COURT,
By: /s/ Dawn 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
FILEO-
... t HE PRO QNI 1AR
Z:313 DEC 26 PM 1: 15
CUMBERLAND COUNTY
PENNSYLVANIA
COGNETTI&ASSOCIATES
MARGARET M.SIMOK,ESQUIRE
Attorney I.D.No. 89633
3304 Market Street
Camp Hill,PA 17011
Telephone No.(717)909-4060
Email: msimok @cognettilaw.com
Attorney for Plaintiff
KIMBERLY I. GROGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : 2006—305 CIVIL ACTION - LAW
•
BENJAMIN A. GROGG, : IN CUSTODY
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the appearance of Elizabeth B. Stone, Esquire, on behalf of Kimberly I.
Grogg, Plaintiff in the above-captioned action, and enter the appearance of Margaret M. Simok,
Esquire. Respectfully Submitted,
COGNETTI & ASSOCIATES
'izabet ne, Esquire Margaret r Simok, Esquire
Atto .' , ► •
o. pas/ Attorney ID No. 89633
3507 et Street; Suite 303 3304 Market Street
Came ill, PA 17011 Cam p Hill, PA 17011
Telephone: (717) 909-1500 Telephone: (717) 909-4060
DATE: j A/P//3 DATE: /
KIMBERLY I. GROGG IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2006-305 CIVIL ACTION LAW
• G"} ...f
BENJAMIN A. GROGG CO c.
Defendant IN CUSTODY ;=
r
CD
ORDER OF COURT c ° c
Z Vic?
AND NOW,this 3€1 day of a, ,j uF1 z I , 20�A upoi y i
consideration of the attached Custody Conciliation Report, it is ordered and directed as folbws"
1. The prior Order of this Court dated September 12, 2011 shall continue in effect as modified
by this Order.
2. The parties shall make arrangements for the Child to participate in counseling with a
professional selected by agreement. The purpose of the counseling shall be to assess issues which
have been raised by the parties concerning the Child's well-being and for the parents to obtain
guidance from the counselor accordingly. Any costs of counseling which are not covered by insurance
shall be paid 60%by the Father and 40%by the Mother. The parties shall select the counselor and
schedule the initial appointments as promptly as possible following the custody conciliation
conference.
3. The Mother shall take all necessary steps to provide the results of the drug and alcohol
evaluation conducted by Weaver Counseling to the Father through counsel. The Mother shall make
the request and provide the necessary authorizations to Weaver Counseling promptly after the custody
conciliation conference and shall take any necessary additional steps to provide the information on a
timely basis.
4. No party shall be permitted to relocate the residence of the Child which significantly impairs
the ability to exercise custody unless every individual who has custodial rights to the Child consents to
the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate
MUST comply with 23 Pa. C.S. § 5337.
5. 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 'E COU t ,
a
Edward E. Guido J.
cc: ✓ ily Long Hoffman Esquire—Counsel for Father
./Margaret Simok Esquire—Counsel for Mother
£S LccL
r =
KIMBERLY I. GROGG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 2006-305 CIVIL ACTION LAW
•
BENJAMIN A. GROGG •
Defendant • IN CUSTODY
Prior Judge: Edward E. Guido
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 BIRTH YEAR CURRENTLY IN CUSTODY OF
Elaina Grogg 2004 Mother/Father
2. A custody conciliation conference was held on January 15, 2014, with the following
individuals in attendance: the Father, Benjamin A. Grogg, with his counsel, Emily Long Hoffman
Esquire, and the Mother, Kimberly J. Grogg, with her counsel, Margaret Simok Esquire.
3. The Father filed this Petition for Modification seeking to extend the shared 2 day—2 day—3
day schedule to a 2 day—2 day—5 day schedule. The parties were unable to reach an agreement as to
the potential change of schedule at the conciliation conference. However, the parties discussed the
possibility of obtaining an updated custody evaluation from Kasey Shienvold (initially done 2011) or
having the Child work with a counselor to assess her emotional well-being and provide guidance to the
parents.
4. The conciliator agreed to hold this matter open until January 22 to enable the Father's
counsel to notify the conciliator whether the Father wished to obtain the custody evaluation. Having
received no further contact from the Father's counsel, the conciliator recommends an Order in the form
as attached as agreed by the parties in the event the Father did not request the evaluation.
Jim ILIA 02 c) II 411L4---
Date Dawn S. Sunday, Esquire J
Custody Conciliator