Loading...
HomeMy WebLinkAbout97-05604 ... ,:Ii E J , . S J j J / -.J :r- o ~ ~ """I v- , , , , I \1 II ,I II . .,~' Flrl>CH:C~ c;~ i;'-: : ,"-' '. ,~,r.\.'T{ 97 un" ?'I 1 ,I (~: fl2 CUi,~:_,.... .... _ ')J:m' Fl:r ::.:) I'L\~ \; <>\ TRACY L. GROHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT J. GROHMAN, Defendant NO. 97-05604 CIVIL TERM CUSTODY 1.1.. QU~r9DY -XRffl .~ AND NOW, this "1----- day of ~'^"'-_~..__ __h_' 1997, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Samantha Nicole Grohman d.o.b. 9-3-90 and Niko1as Mikel Grohman d.o.b. 2-1-93 The defendant, Robert J. Grohman, hereinafter referred to as the father, and the plaintiff, Tracy L. Grohman, hereinafter referred to as the mother, agree to the entry of the following Order regarding custody of their children, Samantha Nicole Grohman d.c.b. 9-3-90 and Nikolas Mikel Grohman 2-1-93. 1. The mother and the father shall have shared legal and physical custody of the children. 2. Physical custody shall be shared on an alternating weekly schedule as follows: Week 1: The mother ~hall have Monday after school until Tuesday Morning and Wednesday after school until 7:30 p.m. and Thursday after school until Sunday at 6:00 p.m.. The father shall have all other times. Week 2: The mother shall have Wednesday after school until 7:30 p.m., Thursday after school until Friday at 8:00 p.m. The father shall have all other times. 3. The father and mother shall alternate custody on the following holidays: Thanksgiving, Christmas, and Easter with one parent having the children from the day before the holiday until the holiday at 2:00 p.m. and the other parent having the children from the holiday at 2:00 p.m. until the day after the holiday. The mother shull have the period beginning the day before the holidays in 1997, and odd numbered years thereafter. 4. The parent who has the children according to the alternating weekly schedule in paragraph 2 will have custody on the following holidays: Memorial Day, the Fourth of July and Labor Day unless otherwise agreed by the parties. 5. The mother and the father shall alternate custody of the children on their birthdays with the mother having them in 1998 and even number years thereafter. 6. The mother shall have the children on Mother's Day and the father shall have the children on Father's Day. 7. During the summer months and when school is not in session, the parties shall abide by the alternating weekly schedule in paragraph 2 with custody being transferred at places agreed upon by the parties. 8. The mother and the father shall have periods of vacation with the children at mutually agreed upon times and with at least two weeks notice to the other parent. 9. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Orde~ shall remain in effect until further order of court. 10. The mother and father agree that each shall notify the other of all medical care the children receive while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 11. The mother and the father shall discuss the children's extra curricular activities before the children are enrolled. 12. The mother and father shall discuss pertinent issues regarding the children such as haircuts, braces etc. before making a decision. 13. If either the mother or the father moves farther than 25 miles away from the other, the person who has moved will be responsible for transportation of the children; neither party shall move a distance which will make this order impractical without modifying this order. 14. Neither the mother nor the father shall petition to modify the custody order without first attempting to settle the matter by agreement. 15. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. By the Court, TRACY L. GROHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. ROBERT J. GROHMAN, Defendant NO. 97-05604 CIVIL TERM CUSTODY CONSENT _AGREEM!;NT This Agreement is entered on this day of_ 1997, by the plaintiff, Tracy L. Grohman, and the defendant, Robert J. Grohman. The plaintiff is represented by Elizabeth B. Stone, of STONE La FAVER & STONE; the defendant is represented by Joan Carey of LEGAL SERVICES, INC. The defendant, Robert J. Grohman, hereinafter referred to as the father, and the plaintiff, Tracy L. Grohman, hereinafter referred to as the mother, agree to the entry of the following Order regarding custody of their children, Samantha Nicole Grohman d.o.b. 9-3-90 and Niko1as Mikel Grohman 2-1-93. 1. The mother and the father shall have shared legal and physical custody of the children. 2. Physical custody shall be shared on an alternating weekly schedule as follows: Week 1: The mother shall have Monday after school until Tuesday morning, Wednesday after school until 7:30 p.m. and Thursday after school until Sunday at 6:00 p.m.. The father shall have all other times. Week 2: The mother shall have Wednesday after school until 7:30 p.m. and Thursday after school until Friday at 8:00 a.m. The father shall have all other times. 3. The father and mother shall alternate custody on the fOllowing holidays: Thanksgiving, Christmas, and Easter with one parent having the children from the day before the holiday until the holiday at 2:00 p.m. and the other parent having the children from the holiday at 2:00 p.m. until the day after the holiday. The mother shall have the period beginning the day before the holidays in 1997, and odd numbered years thereafter. 4. The parent who has the children according to the alternating weekly schedule in paragraph 2 will have custody on the following holidays: Memorial Day, the Fourth of July and Labor Day unless otherwise agreed by the parties. 5. The mother and the father shall alternate custody of the children on their birthdays with the mother having them in 1998 and even number years thereafter. 6. The mother shall have the children on Mother's Day and the father shall have the children on Father's Day. 7. During the summer months and when school is not in session, the parties shall abide by the alternating weekly schedule in paragraph 2 with custody being transferred at places agreed upon by the parties. 8. The mother and the father shall have periods of vacation with the children at mutually agreed upon times and with at least two weeks notice to the other parent. 9. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 10. The mother and father agree that each shall notify the other of all medical care the children receive while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 11. The mother and the father shall discuss the children's extra curricular activities before the children are enrolled. 12. The mother and father shall discuss pertinent issues regarding thA children such as haircuts, braces etc. before making a decision. 13. If either the mother or the father moves farther than 25 miles away from the other, the person who has moved will be responsible for transportation of the children; neither party shall move a distance which will make this order impractical without modifying this order. 14. Neither the mother nor the father shall petition to modify the custody order without first attempting to settle the matter by agreement. 15. The parties realize that their children's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. - ~I\l'\b .U-\"'- - rohman, P intiff ~(). C}}7 R~-~ Grohman, Defendant ~~ Elizabe Attorn y STONE, er & STONE 414 Bridge Street P.O. Box E New Cumberland, PA 17070 (717) 774-7435 Joan Carey Attorney for Defendant LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 (i I I I I~ i '~ ~ ~""\ .....:::. - ... ., ~ ~ ~ ("; (.~ ~ v t't. ,~:;::~ !. -; . ~ I . ,- "' l~ '"! -." ,." ~ " ;.'. ~ .~u:~;i ... .....- ... (51r:1 I 7 1f)97 TRACY L. GROHMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 97-05604 CIVIL TBRM I ROBBRT J. GROHMAN, I CIVIL ACTION CUSTODY Defendant I ~RD;7;F ;~~T1 , AND NOW ~pon review of Petitioner' s Petition for Emergency Relief, custody of s~:ntha Nicole Grohman and Nikolas Mikel Grohman is hereby awarded to Petitioner Tracy L. Grohman until further order of court. J. ~ 1 i ' . [., ~t)\'(&.~ '0lI,~d l..lLltt.\ S,\l;ILQ [N(Jkc1 ~\o D{l- \.\:t:IV-AGrt.hlY\C<r\ I. l, '. ~ l " " , ., L. ,-. , -.-' ,.' :l ~'"'T~ III II: Q 0 .. ... A Q f/l ~ !:: . J w < .. ~ ~ w .. III ft !i ~ <i III en w " ~ ~ ~ 8 ~ ~ 9 : i .. 01 .. ..d g .. :0: - " . 0 < .. " III f :. II: . '" 0 " ... f/l "' . fl\c~.t\9rohaan.p.t\lQ-'7 TRACY L. GROHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : v. : NO. 97-05604 CIVIL TERM : ROBERT J. GROHMAN, : CIVIL ACTION CUSTODY Defendant : PETITION FOR EMERGENCY RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, TRACY L. GROHMAN, by and through her attorneys, Stone LaFaver & Stone, respectfully represents as follows: 1. Your Petitioner is Tracy L. Grohman, who resides at 828 Allenview Drive, Mechanicflburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Robert J. Grohman who resides at 828 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Respondent has filed a complaint for custody to the above term and number seeking custody of Samantha Nicole Grohman, age 7, born September 3, 1990 and Nikolas Mikel Grohman, age 4, born on February 1, 1993. The children both reside with the Petitioner. The children were not born out of wedlock. 4. The Petitioner and Respondent are husband and wife although they are planning to separate at the end of this month. No complaint in divorce has ever been filed either in the Court of Common Pleas of Cumberland County, Pennsylvania, or anywhere else to the knowledge of the petitioner. -1- S. On or about Octoher 1, 1997, Respondent advised the Petitioner that he had met someone on the "Internet" and he had fallen in love with her. 6. Respondent has asked Petitioner to leave the marital residence and hae informed her that his new "Internet Love" is moving here from out West, in a few weeks. Respondent hae indicated that when the "Internet Love" moves here she will be moving in with him, and wants the children to meet her and remain with them. 7. Respondent haB refueed to allow the Petitioner to leave with the children, so she has not left the marital home at this time. B. Petitioner fears for children's eafety in allowing a strange woman to move into the marital residence and watch her small children. 9. Petitioner is currently employed as a manager of a local fast food establishment and can provide a stable and loving home environment for the children. 10. Respondent is currently collecting unemployment, refuses to seek employment, believed to be so that he can spend many hours on the computer talking in "Chat rooms" and seeking out other "Internet" love connections. 11. Petitioner has found a new residence in the area and wishes to move there with the children, allowing the Respondent liberal visitation rights. 12. Respondent has threatened harm to the Petitioner if she leaves with the children. -2- 13. Petitioner seeks an order restoring the status quo and granting temporary custody of Samantha Nicole Grohman and Nikolas Mikel Grohman to Petitioner Tracy L. Grohman until such time as thie matter ie resolved by agreement or further order of court. WHEREFORE, petitioner requests this Honorable Court to enter an order granting temporary physical custody of Samantha Nicole Grohman and Nikolas Mikel Grchman to Tracy L. Grohman. STONE LaFAVER & ( zabeth B. Stop , Esquire 414 Bridge Str~t, P.O. Box E New Cumberland, PA 17070 Telephone (717) 774-7435 Attorneys for Petitioner -3- .~ l'.J '" . .. 0_ r- c- IJ -:f. c.., C 1..1 l/) \{I ,- M r- , Q re l.() , , , ":l I. ~ 1=1 l~-: I ~ I..: ., <<.. '.1"... c, tJ ,- r" :'-i l...' . . (.l ...co: ~S ~~ i~ o a U~ [jS o E-<U Z 8~S ~ U U co: ~ ~ Z~O~ . > . ., tii l:Il o l:l o E-< <J) l::> U cc o ... E-< Z H :l ~ U ~ o liq ~ ell ~ ~ III ft ~ ~ ~ ~ ~ I ~ ..l w ~ . ~ c f'.! f ;II . o ... IJJ o .. o !: 8 .. .. ~ e OJ 3 8 II ii1 .. '" " :! ~ . " ~ .. :. l>< <=> o E-< <J) l::> U .... .... 'N +' <: 'N a:t i~ ~ t:l +' ~ '" C Q) i~ o cc t:l . ....:l >< U 0,1 . .. . . . S 1'11"01';, I..\F.\\'EIC N S niSI: Ad '. .1.101 1', AT l A,'. ./oI.1,II':,[",j ',fI.,IT "'-""11'1111111\''''' 1 \ll1Jl" I' fl\cu.L\lconcilr,ord TRACY L. GROHMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I C{l- S(P()4 C.,ji 1e((Y) v. I NO. I ROBERT J. GROHMAN, I CIVIL ACTION CUSTODY Defendant I ORDER OF COURT AND NOW, this ;;> -;.) , 1997, upon day of C',( ~()\:-..,(" r consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~\~)() ,\, ':')J;,c\C\'-J E',,(l , the Conciliator, at '{() W \'-\(1\(\ ~+.. I' \,. ~ \,.l,n\"H,\[\h.r~. IA on the \ X day of t--.1"Ner\\hel , 1991, at 9:()() , ~.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute1 or if this cannot be accomplished, to define and narrow the issues to be heard by tho 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. FOR THE COURT, By: c-bnum. ~. ~I~~ Custody Conciliator (~) YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYBR AT ONCB. IF ~OU DO .or HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TBLEPHOIIB TO OPPICB SBT PORTH BBLOW TO FIHD OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4th Carlisle, PA 17013 Telephone: (717) 240-6200 fl\cu.t\9ro~n.not TRACY L. GROHMAN, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. . ROBERT J. GROHMAN, . CIVIL ACTION LAW Defendant . IN CUSTODY HOTICE TO DEFEND TO THE DEFENDANT NAMED HERE. ROBERT J. GROHMAN YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail ~o do so, the case may proceed against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONB, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA l70l3 Telephone: (717) 240-6200 '1\cu.t\9.ohaan,cae v. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CUSTODY NO. '/ ,) . " (.. (J'f (!,,~ '-4--, TRACY L. GROHMAN, Plaintiff ROBERT J. GROHMAN, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is TRACY L. GROHMAN, an adult individual, residing at 828 Allenview Drive, Mechanicsburg, PA 17055. 2. The defendant is ROBERT J. GROHMAN, an adult individual, residing at 828 Allenview Drive, Mechanicsburg, PA 17055. 3. Plaintiff seeks primary physical custody of SAMANTHA NICOLE GROHMAN who resides at 828 Allenview Drive, Mechanicsburg, PA 17055, is seven (7) years of age having been born on September 3, 19901 and NIKOLAS MIKEL GROHMAN who also resides at 828 Allenview Drive, Mechanic~burg, PA 17055, is four (4) years of age having been born on February 1, 1993. The children were not born out of wedlock. The children are presently in the custody of their mother, the Plaintiff above-named, Tracy L. Grohman, and their father, the defendant, Robert J. Grohman. They reside at 828 Allenview Drive, Mechanicsburg, PA 17055. The plaintiff seeks primary physical custody of the children, since she will be moving out soon with the children, at the request of the defendant. Plaintiff agrees to shared legal custody of the children with the defendant enjoying liberal minority physical -1- custody. The plaintiff will be moving to a new address at 4 Logan Road, Dillsburg, Pa 17019. During the past five years, the children have resided with the following persons and at the following addresses: NAl:m. Tracy L. and Robert J. Grohman ADDRESS 828 Allenview Drive Mechanicsburg, PA 17055 382 Old Fort Road King of Prussia, PA DATES 12/14/96- 10/97 7/95-12/96 same same Wynnewood Avenue Harrisburg, PA 9/90-7/95 The mother of the children is the plaintiff, Tracy L. Grohman, currently residing at 828 Allenview Drive, Mechanicsburg, PA 17055. She and the Defendant are husband and wife. The father of the children is the defendant, Robert Joseph Grohman, currently residing at 828 Allenview Drive, Mechanicsburg, PA 17055. He is married to the plaintiff. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: .HM:m. Robert Joseph Grohman, the defendant RELATIONSHIP husband S. The relationship of defendant to the children is that of father. The defendant currently resides with the following persona. NAME Tracy L. Grohman, the plaintiff RELATIONSHIP wife -2- 6. Plaintiff has not participated as a party or 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 a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The children have resided with their mother since birth who has provided a continuous living relationship with the children 1 (b) The mother is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with the children's father consistent with a schedule the parties have arranged between themselves. 8. 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. -3- pd\.i.\l:v.rLfL.alf VERIFICATION TRACY LYN GROHMAN, 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 1 that the same are true and correct to the best of her knowledge, information and belief 1 and that this statement is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. DatelOC+ ~ 1917