HomeMy WebLinkAbout97-00493
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conl<lct between futher und child.
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6. Defendunt intends to move the child despite this und without regard for Pluintifrs rights us
the futher of the subject minor child und the child's needs to huve u continuous relutionship with her
futher.
7. Defendant does not have a vulid basis for the move.
8. Concurrent with the filing of this petition for emergency injunctive relief, Plaintiff is filing
a complaint for cU~10dy seeking custody of his daughter. A conciliation conference has yet to be
scheduled as a result of this petition.
9. Under Plowman v. Plowman, 409 PU. Super. 143,592 A.2d 701 (1991), prior to removul of
the children from the jurisdiction, the court must hold an evidentiary hearing on the proposed relocation
to exumine the factors set forth in Gmber v. Gmber. 400 Pa. Super. 174, 583 A.2d 434 (1990).
10. TIle child must remain in this jurisdiction pending the evidentiary hearing.
WHEREFORE, Plaintiff respectfully requests that this HonombIe Court enter an emergency
injunction preventing Defendant from removing the subject minor child the Commonwealth of
Pennsylvania until such time us there can be u hearing to detemline whether such a move is in the child's
best interests.
Date: January 29, 1997
Respectfully submitted,
KA YER & BROWN
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By: //
Jail} . J. Ka
Supr me .D. 50838
Libe y La I
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4 ..t Libeny Avenue
Carlisle, PA 17013
(717) 243-7922
Attomey for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that a tOle copy of the foregoing Petition for Emergency Injunctive Relief to
Prevent Relocation was served on the following person by First-class mail, postage prepaid addressed
to:
G. Patrick O'Connor, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
Date: January 29, 1997
,
,
Jame J. Ka
Libe y Lof
4 E. Libert A venue
Car Isle, P/\ 17013
(717) 243-7922
* ~~y f."
Ro,","Ju JR,
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Plaintiff
:IN TIlE COURT OF COMMON PLEAS OF
:CUMBERLIlND COUNTY, PENNSYLVANIA
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* ~/f" E. Ro,",:~[,
:CIVIL ACTION - LAri
Defendant
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:NO. ~ q'l, CIVIL
:CUSTODY/VISI-TATION
19 q"l
ORDER OF COURT
AND NOW, this (date) 1h /91 , upon consideration
attachpd complaint, it is hereby directed
their respective counsel appear before ,
the conciliator, at I , i "Lur.. (o..A- 10"
on the 41'\ day of n. p r; I , 19 ~1 , at IO! ':\ 0
A. M,;, for a prehearing Custody Conference. At such conference,
an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to derine and narrow the issues to be
heard 'by the court, and to enter into a temporary order. Either
party may bring the child who is the subject or this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conrerence'may provide
grounds for entry of a tempC?rary or permanent order.
FOR TIlE COURT:
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By: u, 't~1
C stody Cone' iato ~
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
From October 1996 until present at 133 West Locust Street, Apt 214, Mechanicsburg, Pa., with Karen
E. Romito.
4, TIle mother of the child is Karen E. Romito, currently residing at 133 West Locust Street, Apt
214, Mechanicsburg, Pennsylvania 17055. She is married.
5. The father of the child is Guy A. Romito, Jr., currently residing at 625 Woodland Avenue,
Ml. Holly Springs, Pennsylvania 17065. He is married.
6. TIle relationship of Plaintiff to the child is that of father. TIle Plaintiff currently resides with
his parents.
7. TIle relationship of the defendant to the child is that of mother. TIle Defendam currently
resides with child.
8. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the current minor child. We do uot know of a person not a pany
to the proceedings who has physical custody of the child or claims to have cU~1ody of visitation
rights and we have no information of a custody proceeding concerning the child pending in a coun
of this Commonwealth.
9. The best illlerests and pennanent welfare of the child will be served by gmnting the
Plaintiff primary physical custody of the child because the Defendant has proposed relocating herself
and the child to Kansas City. Such a relocation would severely inhibit the relationship that has
developed between the father and daughter. Furthermore, father has significant family contacts in the
immediate Carlisle area and relocating the child outside of the area would deprive her of the benefit
of intemcting with her family, including the paternal gmndparents.
10. Each parent whme parental rights to the child has not been tenninated and the person
who has primary physical custody of the child have been named as parties to this action.
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I, SEPARATION, It shall be lawful for each party at all timcs hereal\er to live
scparate and apart from the other party, at such placc or places as he or she from
time to time may choose or deem fit.
2, NONINTERFERENCE, Each party shall be free from interferencc.
authority and control. direct or indirect, by the other in all respects as fully as ifhe
or she werc single and unmarried, Each may, for his or her separatc use or
bcncfit, conduct. carryon and engagc in any business. occupation. profession or
cmploymcnt which to him or her may seem advisablc, Ncither party shallmolcst,
harass. disturb or malign the other or thc family of said othcr. nor compcl or
attempt to compel the other to cohabit or dwell with him or her.
3, MUTUAL RELEASES, Husband relinquishes his inchoate intestate right in
the estate of Wife, and Wife relinquishcs her inchoate intestate right in the estatc
of Husband. and each of the partics hereto by thcse presents. for himsclfor
herself. his or her heirs, executors, administrators or assigns. does rcmise. relcase.
quitclaim, and forever discharge the other party hereto, his or her heirs. cxecutors,
administrators or assigns, or any of them. of and from any and all claims,
demands, damages. actions, causes of actions. or suits at law or in cquity. of
whatsoever kind or nature. for or becausc of any mattcr or thing donc. omitted. or
suffered to be done by said party prior to and including thc datc hcreof; except
that this releasc shall in no way exoncratc or dischargc eithcr party hercto from thc
obligations and promises made and imposed by reason of this Agreemcnt. and
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shall in no way affect any causc of action in absolutc divorcc tlml cithcr pany mil)
have against the other party.
4. MARITAL PROPERTY. The parties hcrcto acknowledge and agrec that
they acquired various assets beforc or during thcir marriagc, whcthcr thc samc
were hcld jointly or individually by the parties hcrcto. including but not
neccssarily limited to:
(a) The family home at II Cottagc Court. Mechanicsburg, Cumberland
County, Pennsylvania;
(b) Household goods, contents, furniture and fumishings prcviously
located in the family homc, TIle contcnts of thc family home have
been divided by the Husband and the Wife by mutual agreement. By
agreement of the parties, thc items in the possession of the Wife are
valued at $800;
(c) Husband's employee retirement fund, #543240, at Masland, containing
a balance of$3,564,56 at the time of separation;
(d) Husband's personal savings account at Dauphin Deposit Bank,
containing a total 01'$8,008.32 at the time of separation;
(cl Husband's retirement pension with the Union of Operating Engineers.
which was not vested al thc timc of separation. but which had a present
valuc of$2.552,07;
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(I) Wife's checking account at Harrisburg Bclco Crcdit Union, containing
approximately $200 at thc timc of scparation;
(g) Wife's life insurance policy with Slatc Farmlnsurancc Company,
having no cash value.
(h) Wife's 1997 Pontiac Trans Am, which is prcscntly cncumbercd by an
auto loan;
(i) Husband's leased 1996 Chcvrolet 4x4 Pick-up Truck;
(j) Husband's personal effccts and Wifc's pcrsonal cllccts,
5. DISTRIBUTION OF MARITAL PROPERTY, Thc partics hcreto covcnant
and agree that thc assets described in Paragraph 4, above, have bccn or arc hereby
being dividcd and distributed between thcm as follows:
(a) The family home has been sold at a pricc mutually agrecable to both
parties hereto, and net procccds of$2,479,52 were realized from the
sale, All net proceeds shall bc the property of the Wife, and the
Husband relinquishes and disclaims any and all ownership, right, titlc
and interest in and to the procecds from the sale of thc family home
that are in the possession of thc Wifc;
(bl Husband relinquishes and disclaims lIny and all owncrship, right, title
and interest in and to the household goods, contents, fumiture and
fumishings from the family home that arc in the possession of the Wife
at the time of the execution of this agreement, and Wife relinquishes
and disclaims any and all ownership, right, titlc and intcrest in and to
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the household goods, contcnts, fumiture and furnishings fromlhc
family home that are in the posscssion ofthc Husband at thc timc or
the execution of this agrecmcnt;
(c) Wifc relinquishcs and disclaims any lInd all owncrship, right. title IInd
intcrcst in Husband's cmployce savings fund at Masland, Inc,;
(d) Wifc relinquishes and disclaims any and all ownership. right, title IInd
interest in Husband's personal savings accoUllt of$8,008.32 at
Dauphin Deposit Bank;
(e) Wife relinquishes and disclaims any and all ownership, right, title and
interest in and to Husband's Union of Operating Enginccrs pension
fund, having a present day value at time of separation of$2,SS2.07;
(I) Husband relinquishes and disclaims any and all ownership, right, title
and interest in Wife's checking account at Harrisburg Be1co Credit
Union;
(g) Husband relinquishes and disclaims any and all ownership, right, titlc
and interest in and to Wifc's insurance policy with State Farm
Insurance;
(h) Husband relinquishes and disclaims any and all ownership, right, titlc
and interest in and to Wifc's 1997 Pontiac Trans Am, Wifc agrees to
takc responsibility for making all future payments ncccssary to payoff
the prescnt auto loan;
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(i) Wife relinquishes and disclnims any and all ownership, right, titlc and
interest in and to Husband's Icascd 1996 Chevrolct 4x4 Pick-up Truck,
Husband agrees to inllncdiatcly havc Wifc's namc rcmovcd fromthc
currcnt leasc and any other documents rclatcd to said vchiclc, Inthc
cvcnt that the Husband cannot havc thc Wifc's name rcmovcd from the
current lease, Husband agrccs to lIlakc all paymcnt by thc due date, and
to indcmnify and hold Wifc harmless from any claims for payments on
the lease;
U) Each party acknowledges thnt hc or shc presently has in his or her
possession his or her respcctivc pcrsonal effects and relinquishcs and
disclaims any and all ownership, right, title and intercst in and to the
personal effects of the othcr party,
(k) Husband agrees to make a cash payment to Wifc in thc amount of six
thousand dollars ($6,000) at thc timc ofthc exccution of this
agreement.
6, EQUITABLE PROPERTY. This Agrecmcnt constitutcs an equitable division
of the parties' marital property. The parties have determined that thc division of
this propcrty conforms with regard to the rights of each party. The division of
existing marital property is not intended by the partics to constitutc in any way a
salc or cxchangc of assets,
7. ALIMONY, Wife relinquishes and disclaims any and all claims to spousal
support and alimony from the Husband now and in the future. Husband
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rclinquishcs and disclaims any and 1111 c1uims to sJlousul sUJlPort und ulimony Irom
the Wifc now and in the futurc.
S, CUSTODY AN\) VISITATION, The purtics hcrcto Imvc onc minor child.
Mclindu. two ycurs old, bom on Junc 9, 1994, Thc purtics shull havc joinllcgul
custody of the partics' minor Child to thc cnd thutthc purties shall shure jointly
the custodial responsibility for the minor Child, By custodial responsibility, it is
meant that the parties shall share major decisions conceming cducation, medical
care, and spiritual upbringing. The parties hcreby expressly agrec and state that it
is not possible nor desirable to dissolvc the parental relationship bctwccn the
parties either as to the minor Child or as to thcmsclvcs. Thcreforc, the parties
expressly state and agree that they wish to continue to be jointly, as well as
severally, responsible for the custody and upbringing of their Child.
A, From March I, 1997, until the Child enters school, thc parties shall
alternate primary physical custody for pcriods of three consecutive months, The
Mother's first quarterly period for primary custody shall commencc on March I,
1997 and tcrminate on June 1, 1997, Thc Futhcr's first quartcrly pcriod for
primary custody shall commence on Junc I, 1997, and terminate on September 1.
1997,
13, Commencing on the date that the Child cnlcrs kindergurten. the Mothcr
shall huve primary physical custody during thc school ycar, The Fathcr shalllmvc
primary physical custody for three months during the school vacation period,
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C, During all periods in which thc Mother has primary physical custody.
thc Mothcr, alonc, shall havc the right and duty 10 makc all day-to-day parclllal
decisions and act as the primary carc parcnt to thc Child, Thcrcfore, Ihc Mothcr
may, on hcr signature alone, authorizc cmcrgcncy mcdical care for thc minor
Child, authorize abscnccs and spccial cvents for said Child in school. and
authorizc thc physician, dentist or othcr mcdical person to care for said Child,
During all periods in which thc Fathcr has primary physical custody. Ihc Fathcr,
alone, shall have the right and duty to makc all dlly-to-day parental dccisions and
act as the primary care parent to thc Child, Therefore, thc Father may, on his
signature alone, authorize emergency mcdical care for thc minor Child, and
authorize the physician, dentist or other mcdical person to care for said Child,
D, The party taking custody shall bc rcsponsible for all arrangemellls and
expenscs in regard to transportation,
E, Custody and visitation may bc modified only by mutual agreemcnt of
the panies, or by petition of either party,
F, The Commonwealth of Pennsylvania shall retain jurisdiction in regard
to custody of the Child, and thc laws of Pennsylvania shall apply,
9, CHILD SUPPORT, No child support paymcnts shall bc madc by one party to
thc other party; however, either party may petition for child support in thc future. Thc
Husband and thc Wife agrec to make an timely cxchangc of pay stubs for thc last pay
pcriod in June and thc last pay pcriod in Dcccmber each year for such timc as the partics
have a suppon obligation for the Child.
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him or her harmless from all liability or claim on account of said debts and obligations
from and al\cr thc date hercof.
II. FUTURE OWNERSHIP OF PROPERTY, Each ofthc partics hcrcto may
her~al\cr own and enjoy, independently of any claims or rights of the other, all items of
pcrsonal and real propcrty, tangible or intangiblc, hereal\er acquired by him or her, with
full power in him or hcr to dispose ofthc samc as fully and effectively in all rcspccts and
for all purposes as though he or she were unmarricd,
12. MUTUAL RELEASES. The parties acknowledge that undcr prcvailing
Pennsylvania law they each have certain possible fiscal rights, including but not limited to
the following: spousal support, alimony pendente lite in the event of a divorce,
permanent alimony subsequent to a divorce, rccovcry of counsel fees, costs and expenses
in the event of a divorce, and equitable distribution of marital propcrty, It is the intcntion
of the parties hereto that all of the foregoing rights and rcmedies, with thc exception of
those otherwise provided in this Agreement, are hereby waived and forever released and
that this Agreement shall have the effect of a final Order of Court rclieving each party of
the obligation to the other for any and all ofthc foregoing possible rights and remedies.
Specifically, both parties covenant and agree that: both waive, release and forever
relinquish their respective possible rights of spousal support of, from and against the
other party; neither party will at any time seek alimony pendente lite, alimony except as
otherwise provided in this Agreement, counsel fees, costs or expenses from the other
party; and the parties have effected an equitable distribution of their marital property and
neither will seek further distribution by any action at law or in equity,
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13, EFFECT OF DIVORCE DECREE. The parties covenant and agrcc that
unlcss otherwise specifically providcd herein, this Agrcement shall continue in full forcc
and effect al\er such time as a final decrec in divorcc may be cntcrcd with rcspcct to Ihc
parties,
14, INDEMNIFICATION FOR FUTURE DEBTS, Each ofthc parties hercby
covcnants and agrees with the other party not to makc, incur or attempt to make or incur
any debt or obligation for or on behalf of the other party hereto, or for which the other
party may be held liable, from and after the date hereof, and each of the parties hereto
hereby covenants and agrees to indemnitY the other party and save him or her harmless
from all liability or claim on account of said debt or obligations from and after the datc
hereof,
15. TAXES AND DEPENDENCY TAX EXEMPTION. Husband and Wife
shall each be responsible for one half of the tax liability as a result of the sale of their
marital residence, To Ihe extent that either party avoids taxation on said transaction
through purchasing a ncw rcsidence, said party shall not bc liable for taxes to the extent
that he or shc avoided taxes through said purchase transaction.
The Wife shall have the right to claim thc parties' child, Melinda, as the Wife's
exemption for federal income tax purposes in all future ycars,
16, OTHER DOCUMENTS, Each of the parties hereto shall, from time to time,
at the request ofthc other party, execute, acknowledgc and deliver unto said othcr party
any and all further documents or instrumellls which may bc reasonably rcquircd to givc
full force and cffect to the terms and provisions of this Agreement.
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17, DIVORCE, TIlis Agreement shall not bc construcd 10 affcct or barthc righl
ofcithcr Husband or Wife to an absolute divorcc on Icgal and truthful grounds ofthcy
nilII' cxist or may hcrcaftcr urise, This Agrccment is not intcndcd to condonc and shall
nOI be deemed to bc a condonation on the part of cithcr party hcrcto of any act or acts on
thc part of the other party which have occurred prior to or which may occur subscquent to
thc date hereof. It is understood, however, that Wifc will pursue an action in divorce
pursuant to Section 3301(c) of the Divorce Codc of Pennsylvania, on thc grounds that thc
marriage is irretrievably broken, and that both Pllrtics agrce to cxccute and filc thc
appropriate affidavits of consent necessary to complcte said action in divorce on thc basis
of mutual consent.
18. SEVERABILITY, TIle waiver of any term, condition, clausc or provision of
this Agrcemcnt shall in no way be deemed or considered a waiver of any othcr term,
condition, clause or provision of this Agreement, and ifany provision of this Agreement
is held to be invalid or unenforceable by a court of competent jurisdiction. all other
provisions shall nevertheless continue to be in full force and effect.
19, LAW OF PENNSYLVANIA APPLICABLE, Both parties covenant and
agree that they havc had ample and sufficient time to carefully and fully review the terms
and provisions of this Agreement and to seck and obtain the advice and counsel of an
attomey with respect to the same, Wife has engaged the services of G, Patrick
O'Connor, Esquire, of the Law Firm ofG, Patrick O'Connor, of Camp Hill, Pennsylvania,
Husband has engaged the services of James J. Kayer, Esquire, of the Law Firm of Kayer
and Brown, of Carlisle, Pennsylvania, Each party has carefully reviewed the terms and
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.
COMMONWEALTH OF PENNSYLVANIA)
: ss,
COUNTY OF CUMBERLAND )
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On this, the ,:>It) , day of '* Vi-~,.. , 19%;"
before me, a Notary Public in and for thc statc and nty aforcsaid, the undersigncd
officcr, pcrsonally appeared GUY A. ROMITO, JR" known to me (or satisfactorily
proven) to be thc person described in thc foregoing instrument, and acknowledged that he
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I hercunto set my hand and official seal.
Nolanal Seal
eelnna R. Banken. Notary PubIlc
Carlisle 8010, Cumberland' Countv
My Commlsslon Expires Sept. 25, 1 m
Msmber, Pennsylv1nla Asslx:111Jon 01 1a~
;...((C"Lll".; /.ktL<- (SEAL)
Notary Public
COMMONWEALTH OF PENNSYLVANIA)
; SS.
COUNTY OF CUMBERLAND )
It.. "----t'J I
On this, the Ol& day of Vt- '-"lu,":' t-' , 1996';'
before me, a Notary Public in and for the state and co y aforesaid, the undersigned
officer, personally appeared KAREN E. ROMITO, known to me (or satisfactorily proven)
to be the person described in the foregoing instrument, and acknowledged that she
executed the same for the purposes therein contained,
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IN WITNESS WHEREOF,I hereunto set my hand and official seal.
NOlarlal 31a1~) ;;
Dlannl R, Banken. Notary Public ' . I) J "-
Clrlisle 8oro, CumberllndCounty , tL-, 1.M /,W l-v (.l (SEAL)
'Ay Commlsslon expires SIpI, 25, 1 m . ,
'....,mb."P.nn.'lvInI.1Aa~1I0n Notary Public
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