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HomeMy WebLinkAbout02-4769ERIC S. KROH, Plaintiff V. TAMMI S. KROH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: OQ - 41-76,q Cl:lu?l Civil Action - Custody COMPLAINT FOR CUSTODY AND NOW comes Plaintiff, ERIC S. KROH, by his attorney, Kathy M. Shughart, and files this Complaint, based upon the following: I. Plaintiff, ERIC S. KROH, born July 30, 1965, is an adult individual residing at 604A Herrin Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, TAMMI S. KROH, born October 17, 1967, is an adult individual residing at 129 Summer Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks to confirm custody of Justin Michael Kroh, born December 6, 1986; Jared Andrew Kroh, born June 20, 1990; and Cassidy Jacqueline Kroh, born September 22, 2000. Plaintiff is the natural father of the children and Defendant is the natural mother of the children. The children were born in wedlock. The children, Justin Michael Kroh and Jared Andrew Kroh, are currently in the custody of Plaintiff. The child, Cassidy Jacqueline Kroh, is currently in the custody of Defendant. 4. Since birth, the children have resided with the following persons and at the following addresses: Plaintiff and Defendant Plaintiff (Justin and Jared) Defendant (Cassidy) 604A Herrin Lane Enola, PA 604A Herrin Lane Enola, PA 129 Summer Lane Enola, PA birth - March 2002 March 2002 - Present March 2002 - Present 5. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 6. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: a. The parties had a verbal agreement concerning the custody of the children and have been abiding by the same since the time of their physical separation in March 2002, whereby Plaintiff, the father, has primary custody of Justin and Jared and Defendant, the mother, has primary custody of Cassidy. Father provides a safe home and a stable and loving environment for the children and has been the sole caretaker of Justin and Jared, as well as sharing parenting responsibilities for Cassidy. C. Since the parties' physical separation in March 2002, Defendant, the Mother, has had only minimal and sporadic contact with the children, Justin and Jared, and, of her own volition, has not participated in any meaningful way in the care, support or development of the children. d. Since the parties' physical separation in March 2002, Father has had weekly custodial periods with Cassidy, including every Wednesday and virtually every weekend. C. Mother has recently unilaterally refused to allow Father to enjoy his custodial time with Cassidy because she is reportedly angry with Father for matters unrelated to the custody of the children. Father is willing and able to encourage and foster the relationship between Mother and children, but Mother has proven that she is unwilling to do the same WHEREFORE, Plaintiff requests Your honorable Court to confirm his custody of the minor children. illy submitted k Sh ghart for Plaintiff P.O. Box 6315 5440 Jonestown Road Harrisburg, PA 17112-0315 Supreme Court #39779 ERIC S. KROH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: TAMMI S. KROH, Defendant : Civil Action - Custody VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. EER CS KROH, Plaintiff (V .1. C7 r? =Y ?; r C r I ? (al L ERIC S. KROH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4769 CIVIL ACTION LAW TANM S. KROH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 03, 2002 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, November 04, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '04 "-? z°o c or rNbrt1g -W I ERIC S. KROH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4769 TAMMI S. KROH, Civil Action -Law Defendant Custody STIPULATION FOR CUSTODY ORDER THIS STIPULATION is made this day of __ 5 2002, by and between, ERIC S. KROH, hereinafter referred to as "Father," and TAMMI S. KROH, hereinafter referred to as "Mother". WHEREAS, Mother and Father are the natural parents of minor children, Justin Michael Kroh, born December 6, 1986; Jared Andrew Kroh, born June 20, 1990; and Cassidy Jacqueline Kroh, born September 22, 2000.; and WHEREAS, This matter has been scheduled for a custody conference on November 4, 2002; and WHEREAS, the parties desire to act in the best interest of the minor children; and WHEREAS, the parties desire to settle and resolve the questions of custody of the minor children; NOW THEREFORE, it is agreed and stipulated by the parties as follows: 1. Mother and Father shall share legal custody of the minor children. They shall consult with each other relative to all important decisions concerning the subject minor children, including such matters as health, education and religion. 2. Father shall have primary physical custody of Justin Michael Kroh and Jared Andrew Kroh. 3. Mother shall have primary physical custody of Cassidy Jacqueline Kroh. 4. The parties shall be entitled to periods of partial physical custody pursuant to the following schedule: A. (i) Father shall be entitled to alternating weekends with Cassidy Jacqueline Kroh and Mother shall be entitled to alternating weekends with Justin Michael Kroh and Jared Andrew Kroh. It is the intent of the parties that the children shall be together during the weekends. The weekend custodial period shall be from afterschool/work on Friday to Sunday at 8:00 p.m. The alternating weekend schedule shall commence with Mother's weekend on November 1, 2002. (ii) Father shall be entitled to custody of Cassidy Jacqueline Kroh every Wednesday from afterschool/work to the following morning. Father shall pick-up Cassidy from daycare and return her to daycare. B. The parties shall alternate the holidays of Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day as mutually agreed. The parties shall share the Christmas holiday as mutually agreed. C. Each of the parties shall be entitled to two weeks of uninterrupted custody each summer, subject to thirty days written notice to the other. D. Mother's Day shall be with Mother and Father's Day shall be with Father. It is anticipated that this shall be from 9:00 a.m. to 8:00 p.m. E. The holiday/vacation schedule shall supercede the regular alternating weekend schedule. F. Transportation shall be provided by whichever party is beginning their custodial period. G. It is further agreed by the parties that neither party shall relocate outside the Greater Harrisburg Metropolitan Area without providing the other party of at least sixty days notice. 5. The parties agree that during their custodial periods, they shall not possess or use any controlled substance, nor consume alcohol to the point of intoxication. The parties shall likewise assure, to the extent possible, that the other household members and/or guests comply with this prohibition. 6. The parties agree to refrain from making any type of negative or disparaging comments, relative to the other parent, while in the presence of the minor children. Further, they shall take whatever steps are necessary to ensure that third parties P shall comply with this provision as well. 7. The parties hereby waive the requirement of Rule 1915.7 requesting that they and the minor children be present before the Court to present this Stipulation and further intend this Stipulation be entered as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, subject to modifications as provided by law. 8. The parties acknowledge that all have sought. or have been advised of their right to seek independent legal counsel. The parties acknowledge that Father, Eric S. Kroh, is represented by Kathy M. Shughart, Esquire, and that Mother, Tammi S. Kroh, is represented by Maria P. Cognetti, Esquire. WITNESS our hand and seal the day and year first above written. WITNESS: JL . Eric S. Kroh ?C.?lYxn'l?V Tammi S. Kroh U n OD ERIC S. KROH, Plaintiff V. TAMMI S. KROH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4769 Civil Action -Law Custody ORDER AND NOW, this 2 3-11 day of 2002, upon consideration of Stipulation For Custody Order dated November 12, 2002 and executed by the parties, it is hereby ORDERED and DECREED that 1:he annexed Stipulation be made an Order of the Court. BY THE COURT: ?aakL L R S aC CC, z - j .. .. :j c"'t `l Q) U ERIC S. KROH, Plaintiff V. TAMMI S. KROH, Defendant DE e '612002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4769 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 5th day of December, 2002, counsel for the Plaintiff having requested a thirty (30) day continuance on November 1, 2002, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR THVCOURT: BY: M Wsa Peel Greevy, Esquire Custody Conciliator 165850 f - c ? Y; _ -? ERIC S. KROH, Plaintiff VS. TAMMI S. KROH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4769 CIVIL TERM : CIVIL ACTION -LAW :CUSTODY PETITION TO WITHDRAW AS COUNSEL Kathy M. Shughart, Esquire, counsel of record for ERIC S. KROH, Plaintiff in the above-captioned matter, petitions the Court to withdraw as counsel and in support thereof avers as follows: The Plaintiff in the above-captioned matter is ERIC S. KROH, an adult individual residing at 604A Herrin Lane, Enola, Cumberland County, Pennsylvania. 2. The Defendant in the above-captioned matter, TAMMI S. KROH, is represented by Maria P. Cognetti, Esquire. 3. Petitioner is Kathy M. Shughart, Esquire, counsel of record for Plaintiff, ERIC S. KROH. 4. Plaintiff notified Counsel that he would be retaining new counsel, and on or about July 21, 2003, the Plaintiff picked up his file and sighted a Release terminating the attorney/client relationship with Kathy M. Shughart, Esquire. A copy of said Release is attached hereto and incorporated by reference herein as "Exhibit A". 5. To date, an appearance has not been entered by new counsel. 6. Neither Plaintiff nor Petitioner desires for the attorney-client relationship to continue. WHEREFORE, Kathy M. Shughart, Esquire, respectfully requests this Honorable Court to issue a Rule upon Plaintiff, ERIC S. KROH, to show cause why Kathy M. Shughart, Esquire, should not be permitted to withdraw as counsel. Respectfully Vim` I.D. No. 39779 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112 (717) 540-8511 RELEASE I, Eric S. Kroh, hereby acknowledge that I have received my entire file from Kathy M. Shughart, Esquire, this a i 31' _ day of July, 2003. Further, I hereby confirm that I wish to terminate the attorney/client relationship with Kathy M. Shughart, Esquire. rich S. Kroh "EXHIBIT A" VERIFICATION I, Kathy M. Shughart, Esquire, verify that the statements made in this Petition to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. 4904 relating to unsworn falsification to authorities. T SHUGHART, E QUIRE TI 1.11 _ -'i 1 _Z ERIC S. KROH, Plaintiff VS. TAMMI S. KROH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4769 CIVIL TERM : CIVIL ACTION -LAW : CUSTODY PETITION TO WITHDRAW AS COUNSEL Kathy M. Shughart, Esquire, counsel of record for ERIC S. KROH, Plaintiff in the above-captioned matter, petitions the Court to withdraw as counsel and in support thereof avers as follows: The Plaintiff in the above-captioned matter is ERIC S. KROH, an adult individual residing at 604A Herrin Lane, Enola, Cumberland County, Pennsylvania. 2. The Defendant in the above-captioned matter, TAMMI S. KROH, is represented by Maria P. Cognetti, Esquire. Petitioner is Kathy M. Shughart, Esquire, counsel of record for Plaintiff, ERIC S. KROH. 4. Plaintiff notified Counsel that he would be retaining new counsel, and on or about July 21, 2003, the Plaintiff picked up his file and signed a Release terminating the attorney/client relationship with Kathy M. Shughart, Esquire. A copy of said Release is attached hereto and incorporated by reference herein as "Exhibit A". 5. To date, an appearance has not been entered by new counsel. 6. Neither Plaintiff nor Petitioner desires for the attomey-client relationship to continue. WHEREFORE, Kathy M. Shughart, Esquire, respectfully requests this Honorable Court to issue a Rule upon Plaintiff, ERIC S. KROH, to show cause why Kathy M. Shughart, Esquire, should not be permitted to withdraw as counsel. Respectfully VIA I.D. No. 39779 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112 (717) 540-8511 RELEASE I, Eric S. Kroh, hereby acknowledge that I have received my entire file from Kathy M. Shughart, Esquire, this a I S1' day of July, 2003. Further, I hereby confirm that I wish to terminate the attorney/client relationship with Kathy M. Shughart, Esquire. cEn S. Kroh "EXHIBIT A" VERIFICATION I, Kathy M. Shughart, Esquire, verify that the statements made in this Petition to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. 4904 relating to unsworn falsification to authorities. SHUGHART, E7 ?-' C) (rr 1r ri 1 ,' / NOV 1 2 2003 ERIC S. KROH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-4769 CIVIL TERM TAMMI S. KROH, CIVIL ACTION -LAW Defendant CUSTODY RULE TO SHOW CAUSE AND NOW, this lq' day of _, 2003, upon consideration of the attached Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff, ERIC S. KROH, to show cause why Kathy M. Shughart, Esquire, should not be permitted to withdraw as counsel. RULE RETURNABLE Zo DAYS FROM SERVICE. BY THE COURT: ?a °? M VHAIASNNGd 0 I- I I WV l1 I AN Co -1:D '1311.0-(1 I:J ERIC S. KROH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4769 CIVIL TERM TAMMI S. KROH, : CIVIL ACTION- LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this 18" day of November, 2003, a true and correct copy of the Petition to Withdraw as Counsel was served on the following person by United States Mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Eric S.Kroh 604A Herrin Lane Enola, PA 17025 Respectfully submitted, I.D. No. 3079 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 1.7112-0315 (717) 540-8511 C? . G ?'? Z ?.? r? ro» .?: t, ? y t, ??., ??, ?. ?z_ ?? `_s ? r s, '1 ?J John J. Connelly, Jr., Esquire PA I.D. No 15615 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ERIC S. KROH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4769 n a : c o -T, S- TAMMI S. KROH, : CIVIL ACTION - LAW DEFENDANT : IN CUSTODY STIPULATION FOR CUSTODY ORDER co THIS STIPULATION is made this yt,2 day of 2010, by and between ERIC S. KROH, hereinafter referred to as "Father", and TAMMI S. KROH, hereinafter referred to as "Mother". WHEREAS, Mother and Father are the natural parents of the children, Justin Michael Kroh, born December 6, 1986; Jared Andrew Kroh, born June 20, 1990; and the minor child Cassidy Jacqueline Kroh, born September 22, 2000; and WHEREAS, only Cassidy is the subject of this Stipulation as Justin and Jared have already reached the age of majority, and WHEREAS, the parties desire to act in the best interest of the minor child, Cassidy, and settle and resolve questions of custody regarding Cassidy. NOW THEREFORE, it is agreed and stipulated by the parties as follows: 1. Mother and Father shall share legal custody of the minor children. They shall consult with each other relative to all important decisions concerning the subject minor children, including such matters as health, education and religion. 2. The parties shall equally share physical custody of Cassidy Jacqueline Kroh on an alternating week basis as more particularly set forth herein. 3. The parties shall alternate weeks of custody beginning Friday after school when the child gets off of her school bus until the following Friday at 5:00 p.m. During the summer months, the custody will occur on Friday at 5:00 p.m. until the following Friday at 5:00 p.m. The alternating week schedule will begin on Friday, March 19, 2010. 4. The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving Day as mutually agreed. The parties shall share the Christmas school holiday of the child as mutually agreed. 5. Mother's Day shall be with Mother and Father's Day shall be with Father. It is anticipated that this shall be from 9:00 a.m. to 8:00 p.m. 6. The holiday/vacation schedule shall supersede the regular alternating weekend schedule. 7. Father shall provide all transportation where applicable. 8. The parties agree that during their custodial periods, they shall not possess or use any controlled substance, nor consume alcohol to the point of intoxication. The parties shall likewise assure, to the extent possible, that the other household members and/or guests comply with this prohibition. 9. The parties agree to refrain from making any type of negative or disparaging comments, relative to the other parent, while in the presence of the minor child. Further, they shall take whatever steps are necessary to ensure that third parties shall comply with this provision as well. 10. In the event summer camp for Cassidy is paid weekly, the parent having custody during that week pays for summer camp. In the event summer camp must be paid in full for the summer, the parties will equally share the cost. 11. All school, sports related and other communication between the parents when possible shall occur by e-mail. 12. Both parents must agree on the scheduling of activities for the minor child and, in the event of agreement, they will equally share the cost of the activity. School lunches will also be shared. 13. By entering into this Stipulation, the parties acknowledge their right to have this Stipulation reviewed by independent counsel of their choosing. Father has retained John J. Connelly, Jr., Esquire, to represent his interest in the preparation of this Stipulation. Mother has a right to retain counsel to review this Stipulation and by executing this Stipulation acknowledges that right and intends to be legally bound by the contents. WITNESS our hand and seal the day and year first above written. WITNESS: i Eric S. Kroh Cam. fitness rammi S. Kroh i 'AR 112010 ERIC S. KROH, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-4769 TAMMI S. KROH, : CIVIL ACTION - LAW DEFENDANT : IN CUSTODY ORDER AND NOW, this IL" day of --7-k `..,&A , 2010, upon consideration of Stipulation for Custody Order dated March 4, 2010, and executed by the parties, it is hereby ORDERED and DECREED that the annexed Stipulation be made an Order of the Court. BY THE COURT: Distribution: j9bn J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 ammi S. Kroh, PO Box 44, Summerdale, PA 17093 ?Y??1 a -n rrt Cr 1 D3