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HomeMy WebLinkAbout99-00127i Q- ~' JAt! 1 3 1~99~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Belinda Trimble, Plaintiff No. ~Iy - Ia7 C~G~ v. Scott Graubard, Defendant IN CUSTODY ORDER You, Scott Graubard, are ORDERED to appear in person in the Custody Conciliation Office, Q~- ~~l ~.J • ~-'~Clt(~ ~~ .. ~5~[~Z~.~h ~i ' on ~C6NOr~I ~ ~ , 1991 at ~~ o'clock a.m./~m. for a Custody Conciliation Conference. If you fail to appear as provided by this Order, an Order for custody maybe entered against you or the Court may issue a warrant for your arrest. 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 2 Liberty Avenue Carlisle, PA 17043 717-249-3166 Date: 1 ~ \y ~Q FOR THE COURT, tom. ~ ;~~I ~~'~_'i'fw~ Pc;~,~~`~YL~4,'~,~~ ~ .; i~ ~99 ~ ~~ ~lf~e:~ ~ aL~ ~ ~Lry~an~ Sao ~g y1a~ ~_~~ ia~ ~~9 ~~v ~~~ ~. ~ ~~~ . ~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Belinda Trimble, No. Plaintiff v. Scott Graubard, Defendant IN CUSTODY NOTICE You have been sued in court. Ifyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 to do so, the case may proceed without you and judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint 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 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 2 Liberty Avenue Carlisle, PA 17043 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Belinda Trimble, .. No. Plaintiff v. Scott Graubard, Defendant IN CUSTODY AVISO Usted ha sido demandado en la torte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification reclamado por el Demandante. USTED PUEDE PERDER DINERQ O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO [NMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIItECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17043 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Belinda Trimble, No. Plaintiff v. Scott Graubard, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Belinda Trimble, is an adult individual tvho resides at 1067 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Scott Graubard, is an adult individual who currently resides at 147 Llewellyn Avenue, Westerville, Franklin County, Ohio. 3. Plaintiff seeks primary physical and legal custody of the minor children, Megan Ashley Graubard, born October 17, 1991; and Joshua Samuel Graubard, bom May 9, 1993. The minor children David Lee Graubard, born May 4, 1986; Megan Ashley Graubard, born October 17, 1991; and Joshua Samuel Graubard, born May 9, 1993 were all born in wedlock. For the past five years, the subject minor child, David Lee Graubazd, leas resided with the following persons and at the following addresses: Scott Graubard 147 Llewellyn Avenue 12/97 -present Westerville, OH 43081 Scott Graubard Delaware, Ohio 3/97 - 12/97 Scott Graubard 240 Stone House Road 8/91 - 3/97 Belinda Graubard Carlisle, PA 17013 For the past five years, the subject minor children, Megan Ashley Graubard and Joshua Sanmel Graubazd, have resided with the following persons and at the following addresses: Belinda Trimble 1067 Nanroc Drive 3/97 -present Mechanicsburg, PA 17055 Scott Graubard 240 Stone House Road 1991 - 3/97 Belinda Graubard Carlisle, PA 17013 The Mother of the children is Belinda Trimble, an adult individual who resides at 1067 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is marred. The Father of the children is Scott Graubard, an adult individual who currently resides at 147 Llewellyn Avenue, Westerville, Franklin County, Ohio. He is marred. 4. The relationship of the Plaintiff and children is that of natural parent. The Plaintiff currently resides with Peter Trimble, her husband. 5. The relationship of the Defendant and children is that of natural parent. The Defendant currently resides with Anna Graubard, his wife. 6. The Plaintiff has not participated as a party in other litigation concerning the custody of the children. Plaintiff has no information of a custody proceeding concerning the children pending a Court of this Commonwealth. Plaintiffdoes not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the children will be served by granting the relief requested as the Plaintiff has been the primary care taker of the children. WHEREFORE, Plaintiff, Belinda Trimble respectfully requests that the Court grant her primary physical custody and legal custody of the subject minor children, Megan Ashley Graubard and Joshua Samuel Graubard. Respectfully submitted, ~~~~ Keith B. DeAimond, $Sq'. Attorney for Plaintiff DeArmond & DeArmond 2800 Mazket Street Camp Hill, PA 1701 ] 717-730-9394 Supreme Ct. I.D. No. 58878 Date: VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C,S. §4904 relating to unsworn falsification to authorities. Date: ]d - ~ ~l - R ~' 1J~V.~_q~l~A~r, ..~Q$ Belinda Trimble i ~; >- a. ~*; -;. ~- iC u cam. :-~ _- >>. . a~_ , -- ~~~~. ~ . D.IIt~ Ci_-t_ :~~ u1(1 ~~ ~ ~O c CJ ~ ~ V ~~. V_ ~ M ~j C~?i ~ ~" n j ` - ' .~, }^ C. E ~- _~ _ ~" .J. r c"`9 ~ - r '~ ` . r C , ~ . cL ~ L .3.. L,. ~ ~. ~ ~ _ ~ _ ~ - , 1 ~~ l E _ ~ ~ # ~ T ~ rF t ~ ~ s a f ~ L f . ~ _ _s."s ~~ ~ $ ~ e J ~. .= "r ~` ~~ ~ " Z - p ~ ~ - 996 ~ ` f ~ i ~ n j g yry1' -0 ~ 3.k ~ ~ .~ ._: ,.. L _ _ ~, ~ .Y ~ I 4 A f I _ ,r,: x f BELINDA J. TRIMBLE, Plaintiff v. SCOTT D. GRAUBARD, Defendant II`I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.99-127 CIVIL TERM CHILD~CUSTODY CROSS-COMPLAINT FOR CUSTODY. PARTIAL CUSTODY AND VISITATION AND NOW COMES the Cross-Plaintiff, Scott D. Graubazd, by and through his attorney, Edward L. Schorpp, Esq., who avers the following: 1. The Cross-Plaintiff is Scott D. Graubazd, residing at 147 Llewellyn Avenue, Westerville, Ohio 43081. 2. The Cross-Defendant is Belinda J. Trimble, who resides at 1067 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Cross-Plaintiff seeks partial custody and desires to establish certain visitation rights for the following children: Megan A. Graubard 1067 Nanroc Drive Age: 7 Mechanicsburg, PA 17055 DOB:10/17/91 Joshua S. Graubard 1067 Nanroc Drive Age: 5 Mechanicsburg, PA 17055 DOB: 5/9/93 4. Cross-Plaintiff seeks primary physical and legal custody of the following child: David Lee Graubazd 147 Llewellyn Avenue Age: 12 Westerville, OH 43081 DOB: 5/4/86 5. The children were not born out of wedlock. 6. David Lee Graubard is presently in the custody ofCross-Plaintiff, Megan and Joshua Graubazd aze presently in the custody ofCross-Defendant, all of whom reside as aforesaid. 7. During their lifetime, the children have resided with the parties until their separation in February 18, 1996. 8. The father of the children is Cross-Plaintiff, who resides as aforesaid, and was formerly mazried to the Cross-Defendant. 9. The mother of the children is the Cross-Defendant, who resides as aforesaid, and who was formerly married to the Cross-Plaintiff. 10. Cross-Plaintiff is the father of the children and resides with his present wife, Anna C. Graubard and the parties' son, David L. Graubazd. 11. The Cross-Defendant is the mother of the children and, to the best of Cross- Plaintiffs knowledge, resides with Megan and Joshua Graubazd and with her husband, Peter Trimble. 12. Cross-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 any other court. Further, Cross-Plaintiff has no information of any custody proceedings concerning the children pending in any court of this Commonwealth. 13. Cross-Plaintiff does not know of any other 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. 14. The best interest and permanent welfare of Megan and Joshua Graubazd will be served by granting the relief requested because the geographic distance between the parties has interfered with the children's ability to be with their father and be exposed to his care, custody, nurture and affection, and Cross-Plaintiff desires to maintain a strong influence in his children's lives. 15. The best interest and permanent welfare of David Lee Graubard will be served by granting the relief requested because he has resided with his father since birth in a loving and nurturing environment. 16. Each pazent whose pazental 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. There are no other persons known to Cross-Plaintiff who should receive notice of the pendency of this action. WHEREFORE, Cross-Plaintiff requests the Court to grant custody and partial custody of the children to Cross-Plaintiff. 9 By. Dated: ~~/si'Ry o?6~ X99 _~ Edwazd L~ Schorpp Esq. Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: 2v~,V ~9 C 7_ u~~ N ~ u ~~ ~: U 7 0 ~jcf: ~p cn "~ W'S- N ri' 7 ~ ^ 0. Li:-}~ 1- .t "~ .7 4~ ~ O M .] z W W~~ H F ~" i'" .H .. 8 ~'~ ~ A W ~ a6. ~ ~ N Q ~i Q S V C'~ ~ ti ~ ~ r~ H U (Yi _ r ~ ~ b c . c O 00 a ~ ~ H~.]H a H ~ Q ~ tt Z n a p ~] ~ ~ ~ aa F ~ ~`2 (=ti ~' °' 8 ~ ~ r ~ N H ~ ~ V] ~ ~ ~ v t ~~a 2~,; ;999, i ~, BELIMDA TRIMBLE, Plaintiff vs. SCOTT GRAUHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL\A~N-D~ COUNTY PENNSYLVANIA NO. 99-1-27b CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OBE' OOURT AND NOW, this ~~ day of ~ " A/v~ , 1999, upon consideration of the attached Custody Conciliation Reports it is ordered and directed as follows: 1. The Mother. Belinda J. Trimble. and the Father, Scott Graubard, shall have shared legal custody of David Lee Graubard, born May 4, 1986. Megan Ashley Graubard, born October 17, 1991 and Joshua Samuel Graubard, born May 9, 1993. Each parent shall have an equal rights to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Graubard. 2. The Father shall have primary physical custody of David Lee 3. The Mother shall have primary physical custody of Megan Ashley Graubard and Joshua Samuel Graubard. 4. The Mother shall have custody of all three Children every year during their entire spring break from school. The Mother shall also have custody of all three Children for two consecutive weeks every year beginning on the second Sunday in July. 5. The Father shall have custody of all three Children during the summer school break every year with the exception of the two rnnsecutive weeks in July during which the Mother has custody of all three Children and the one week after school ends and the one week before school begins, during which the Mother shall retain custody of Megan and Joshua. 6. The parties shall equally share having custody of all three Children over the Christmas holiday each year with the specific times and dates for exchanges of custody to be arranged by agreement of the parties. ... 7. Each party may have additional periods of custody with the Children as mutually agreed upon by the parties. in the event either party wishes to request additional periods of custody or otherwise deviate from the schedule set forth in this order, that party shall make every effort to give the other party at least two weeks advance notice. S. 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 consents the terms of this Order shall control. BY THE CO ~ J. cc: Keith B. DeArmond~ Esquire - Counsel for Mother ( ~ Edward L. Schorpp. Esquire - Counsel for Father ~°~~t~ vrld. < <~c~ ~.~~'~" BELINDA TRIMBLE, Plaintiff vs. SCOTT GRAUBARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-127 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IIV ACOORDANCE WI741 CZI7BERLAEID COUNI7C RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David Lee Graubard May 4, 1986 Father Megan Ashley Graubard October 17, 1991 Mother Joshua Samuel Graubard May 9, 1993 Mother 2. A Conciliation Conference was held on February 25, 1999, with the following individuals in attendance: The Mother, Belinda J. Trimble, with her counsel, Keith B. DeArmond, Esquire, and the Father, Scott D. Graubard, with his counsel, Edward L. Schorpp, Esquire. 3. The parties agreed to entry of an Order in the form as attached. lo- ~-Z,S' /Y99 1~~ Date Dawn S. Sunday. Esquire Custody Conciliator BELINDA J. TRIMBLE 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT D. GRAUBARD DEFENDANT 99-127 CIVIL ACTION LAW IN CUSTODY ORDF,R OF COI7RT AND NOW, Wednesday, August 15, 2001 ,upon consideration of the attached Complain[, it is hereby directed that parties and their respective counsel appear before Darn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 11, 2001 at 1:00 P.M for aPre-Hearing Custody Conference. At such conference, an effort will Ue 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 cmvt 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. Sunrla~,.~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 F]ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 1.70]3 Telephone (717) 249-3166 01 Al!G Ib iIi12~?~ GUlvic:=i;u1;~J COUNTY PENNSYLVANIA _. ~< ~. _., BELINDA J. TRIMBLE, : IN THE COURT OF COMMON PLEAS ~~ ,~00~ Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA t% v. :CIVIL ACTION - LAW I" SCOTT D. GRAUBARD, : NO. 99-127 Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before- . Esquire, the conciliator, at , Cumberland County, Pennsylvania, on the day of 2001, at _.m., for aPre-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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 2 Liberty Avenue CARLISLE, PA 17013 (717)240-3166 BELINDA J. TRIMBLE, Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT D. GRAUBARD, ; NO. 99-127 Defendant/Respondent : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Belinda J. Trimble, by and through her legal counsel of record, Marylou Matas, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: Your Petitioner is the above-named Plaintiff, Belinda J. Trimble, an adult individual currently residing at 1067 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Scott D. Graubard, an adult individual currently residing at 147 Llewellyn Avenue, Westerville, Ohio. 3. The parties are the natural parents of three (3) children namely, David Lee Graubard, bom May 4, 1986, (hereinafter referred to as "David"), Megan Ashley Graubard, bom October 17, 1991, (hereinafter referred to as "Megan"),-and Joshua Samuel Graubard, born May 9, 1993, (hereinafter referred to as "Joshua"). 4. The parties are subject to an Orders of Court dated March 2, 1999, relative to the custody of their children, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the prior Order of Court, the children, Megan and Joshua, have continued to reside in Cumberland County providing this Court with ongoing jurisdiction over these proceedings. 6. The current custody Order provides for Respondent to have primary physical custody of David and for Petitioner to have primary physical custody of Megan and Joshua with each parent having periods of partial custody of the chiidren not in their primary custody for various times throughout the year. 6. Petitioner is more capable than Respondent to properly Gaze for the children. 7. The children have expressed a sincere desire to reside primarily with Petitioner. 8. Petitioner believes and, therefore, avers that it is in the best interest and permanent welfare for Petitioner to have primary physical custody of the children. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Order of Court in this matter and provide her with primary physical custody of his children. Respectfully submitted, MaryloudGt'atas, Esquire Attorney for Petitioner/Plainti, f)`' GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE:.?C --7 - C"> ~ e e. ~_r~ \\ 7n ~ ,. ~, Q p B LINDA J. T MBLE, Petitioner/Plaintiff BELINDA TRI~`ffiLE, NL THE COURT OF CIXNMCN PLEAS CF Plaintiff CUi1BERL,A.~ID COGNTY, PEVNSYLVANIA vs. NO. 99-127 CML TERM SCGPT GRAUBARD, CIVIL ACTION -LAW Cefendant IN CUSTODY ~tDER OF CCDRT AND NOW, this ~ day of ~~,2~ , consideration of the attached Custcay Cenci~n Report, it and-directed.: as followr_ -. 1999, tW-~cn is ordered 1. The Mother, Belinda J. Trimble, and the Father, Scott Graubard, shall have shared legal custody of David Lee Graubard, born May 4, 1986, Megan Ashley Graubard, born October 17, 1991, and Joshua Samuel Graubard, born May 9, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not li.'nited to, all decisions regarding their health, education and religion. Graubard_ 2. The Father shall have primary physical custody of David Lee 3. The Mother shall have primary ehysical custody of Megan Ashley Graubard and Joshua Samuel Graubard. 4. The Mother shall have custody of all three Children every yea_^ during their entire spring break from school. The Mother shall also have custody of all three G'~ildren for two consecutive weeks every year beginning on the second Sunday in July. 5. The Father shall have custody cf all three G`:ildren during the summer school break every .wear with the exceoticn of the two consecutive weeks in July during a-hich the Mother has custody of all three Children and the one week after school ends and the one week before school begins, during which the Mother shall retain clstody of Megan and Joshua. 6. The parties shall equally share having custody of all three G'~ildren over the G'~ristmas holiday each year «ith the specific times and dates for exchanges of custody to be arranged by agreement of the parties. ~Xhi bi-~''~1" 7. Each party may have additional periods of c.~=tody with the Children as mutually agreed upon by the 1^.a_-ties. In the event either pz_-ty wishes to recuest additional periods of custody or otherwise deviate frccn the schedule set forth in this Crder, that party shall make every effort to give-the other party at least two weeks zdvance notice. 8. This Order is entered o~suant to an agree!nent of the parties at a Custody Conciliation Conference. The parties ¢ay modify the provisions of this Order by mutual ccrsent. In the absence of mutual consent, the terms of this Crder shall control. BY THE CuURT, 1~/ CCLi r-lam , .-( ~ SC~/4,n~i~'- ' ~ J. cc: Keith B. De_AZmond, Esquire -Counsel for Mother Edward L. Schorpp, Esquire -Counsel for Father T?O~ ~OFv FROM ~~OGr~D ' ham t;, jrc~':?!~i.'? ;:;:~f~4f, 1 ~°t2 t! 4 58t fi7y cfl~i fiie 5"'' Gi ~i~ ~i':.::2 ct Cici:i5~8, ~8. T~t'ss~day sif~M~ 9 r r ~~ ~ /nr- ~ 5- prothorrotary BELPIi DA TRI`SBLE, Plaintiff vs. SCGTT GRAUBARD, ' Defendant P1. T~ CG'URT OF CCMMCN PLEAS CE' CUiIDERLAND COUNTY, PE.`SISYLVANIA NO. 99-127 CIVIL T~'4M CIVIL ACTION -LAW N CUSTODY CUSTODY CCNCILIATICN SLPMfARY REPORT IN ACCORDANCE WITS CDMHFS2LAbID COUNTY RULE OF CIVIL PROCEDORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTS CURRF27lLY IN CIISIODY OF David Lee Graubard May 4, 1986 Fat`ser Megan Ashley Graubard Ccteber 17, 1991 Mother Joshua Samuel Graubard Mav 9, 1993 Mother 2. A Conciliation Conference wzs held cn rr^ebruary 25, 1999, with the' following individuals in attendance: The Met`:er, Belinda J. Trimble, with her counsel, {eith 9. Dearnend, Esquire, and t:e sFat'sen Scott D. Graubard, wit's his counsel, Edward L. Schorpp, Escuire. 3. The pa_~ies agreed to ent_-y of an Order in t'se fore as attached. Date Dawn S. Sunday, Escuire Custody Conciliator r> ~ M mil('? CV [77 ~ ~ `1 '_~~ .~ ~. C.. > cL l ;_- ~; "' ._ - ~~ o tU SEP2 0200~~ BELINDA J. TRIMBLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.99-127 CIVIL TERM SCOTT D. GRAUBARD, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11th day of September, 2001, the Conciliator, being advised by PlaintifFs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for September 11, 2001, is canceled. FOR THE COURT, ~LC~1~ Dawn S. Sunday, Esquire Custody Conciliator Y k) ~ r: ri N i j4 i}_ J:~ ~ . - ~-- "l J ~ ~i, ~ ~n n LLJ~_~ ~ JLt~S ~=_~.~ ~ 4- w , non. t- V) u_ L ~ U :F~ _.~ ~p ,~ •~ ~~~~ ~.,4 <i~ ~. . ~ ;. .~, ...~ dry' ~~~~. BELINDA J. TRIMBLE, Plaintiff v. SCOTT D. GRAUBARD, Defendant IN THE COURT OF COMMON PLEAS OF /~ CUMBERLAND COUNTY, PENNSYLVANIXCT.j,l ~~,,, CIVIL ACTION - LAW (/~~`_J+f~~ NO. 99-127 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this ~3~ day of ~ ~~ Stipulation and Agreement is hereby made an Order of Court. BY THE C 2001, the attached Custody J. cc: Marylou Matas, Esquire Attorney for Plaii:ti,/f Scott D. Graubard, Defendant, pro se cork,: Mtia..Que_ /D-~1'~~~ C~ r-a_~o-p~~cE OI OCT 15 R'ri 8~ 06 cu~~P~vNSY° ~°n ~ BELINDA J. TRIMBLE, Plaintiff v. SCOTT D. GRAUBARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-127 CIVIL TERM IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between BELINDA J. TRIMBLE, (hereinafter referred to as "Mother") and SCOTT D. GRAUBARD, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of three (3) children, namely, David Lee Graubard, born May 4, 1986, (hereinafter referred to as "David"), Megan Ashley Graubard, born October 17, 1991, (hereinafter referred to as "Megan"), and Joshua Samuel Graubard, born May 9, 1993, (hereinafter referred to as "Joshua"); WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. Mother shall have primary physical or residential custody of the children. 3. Father shall have periods of partial physical custody of the children at the following times: a.) Father shall have physical custody of Megan and Joshua during the summer school break every year with the exception of two (2) consecutive weeks in July during which Mother shall have physical custody of all three children and the one (1) week after school ends and the one (1) week before school begins, during which Mother shall retain physical custody of Megan and Joshua; b.) Father shall have physical custody of David during the summer school break every yeaz for two (2) weeks, consecutive or not, to be exercised either at the beginning of the summer school break or at the very end of the summer school break immediately prior to David returning to school; and c.) At other times as the parties may agree. 4. The parties shall equally share having custody of all three children over the Christmas holiday each year with the specific times and dates for exchanges in custody to be arranged by agreement of the parties. 5. Mother shall have custody of all three children every year during their entire spring break from school. 6. Each party may have additional periods of custody with the children as mutually agreed upon by the parties. In the event either party wishes to request additional periods of custody or otherwise deviate from the scheduled set forth on this stipulation, the party will make every effort to give the other party at least two weeks advanced notice. 7. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 8. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children. 11. This agreement replaces all prior Orders entered in this case. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Date BELINDA J. MBLE 5~ot 1~,) ~ / , Date SCOTT D. GRAUBA ~ e ~.,-.Lu,~1 n. f .L `, COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~L101~.~(,`c~, d,.~C_ On this ~ l day of ~~1t?,~o~ 2001, before me, the undersigned officer, personally appeared BELINDA J. TRIMBLE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seel ~ 6~-~SZnJ Robin J. Goshom, Notary Public - -Cadisie Boro; Cumberland County Notary Publlc _ My Commission Expires Apr. 17, 2603 -~°~L_ tl~ Oxit\p Cr+ ~n.r~wnxrv w r Irv nn nnwn.rc~icxize_wrr n. COUNTY OF Fra~..~-~ ~ 1 ~ ^ On this 5k~' day of s-~Pa-i.w~~i-t~~ 2001, before me, the undersigned officer, personally appeared SCOTT D. GRAUBARD, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. ---'~rwr ~trty^i'K:r ~. sts~cf enio ~~ w".: W ~' } L:p Ctr. ^r-r::o'I:^. Ro trpirati011 '+~~:>*~''~,~:' Setnaol4i.i,3Fi.C. ~ : __ r; _> :;: _ ;_~ ~; -=. - ".~ ;- ` : ~ ~ =' ~, ,~ OM ~' TLiLAKIS Michelle L. Sommer, Esquire Attorney LD. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 BELINDA J. TRIMBLE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SCOTT D. GRAUBARD, Defendant N0.99-127 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: WHEREFORE, the Plaintiff, BELINDA J. TRIMBLE, hereinafter referred to as "Mother" and the Defendant, SCOTT D. GRAUBARD, hereinafter referred to as "Father", hereby agree to the entry of the following terms in a Court Order defining legal and physical custody rights and responsibilities in relation to the parties' minor children, MEGAN ASHLEY GRAUBARD, born October 17, 1991, hereinafter referred to as "Megan", and JOSHUA SAMUEL GRAUBARD, born May 9, 1993, hereinafter referred to as "Joshua": 1. The parties hereto agree that the best interest and continuing welfare of the Megan and Joshua would be best served with the custody arrangement as follows: a. Legal Custody i. Mother and Father will share legal custody of Megan and Joshua as defined in 23 Pa.C.S.A. §5302. All decisions affecting Megan and Joshua's growth and development, not limited to medical treatment, education, and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 1. As provided in 23 Pa.C.S.A. §5309(a), each parent shall have full and complete access to Megan and Joshua's medical, mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. b. Physical Custody i. Mother will have primary physical custody of Megan and Megan will reside in Mechanicsburg, Pennsylvania in the United States. 1. Father shall exercise periods of partial physical custody for one (1) week over the Christmas school break and for at least one (1) week over the summer school break. 2 2. Father shall exercise additional periods of partial physical custody as mutually agreed upon by the parties. ii. Father shall have primary physical custody of Joshua and Joshua will reside in Grand Cayman in the Cayman Islands. 1. Mother shall exercise periods of partial physical custody for one (1) week over the Christmas school break and for at least one (1) week over the summer school break. 2. Mother shall exercise additional periods of partial physical custody as mutually agreed upon by the parties. 2. The parties each must provide the other party with at least thirty (30) days notice of an impending vacation so that the other party can make arrangements for either child, Megan or Joshua to join that family on their vacation should the child wish to accompany #hat respective parent and extended family during their vacation. 3. Father will make the necessary arrangements for the child to have a family member accompany Megan or Joshua when flying into or out of the continental United States. 3 a. There must be an accompanying adult during all International portions of travel. i. If Mother is the only parent available to accompany Megan or Joshua into or out of the Cayman Islands, Father is responsible to purchase Mother's airline ticket, in-full, prior to air travel. b. On all domestic flights, Megan and Joshua will have an airline travel escort accompany them on all flights inside the continental United States until they reach the age of eighteen (18) years old. i. Father will arrange and pay for the costs associated with the airline travel escort for all domestic flights for Megan and Joshua since this must be secured at the time the flight is purchased. ii. Mother agrees to reimburse Father within a reasonable amount of time once Father provides the necessary receipt(s) showing all costs associated with the airline travel escort. c. Father agrees that he will be responsible for the additional cost of the airfare since Megan and Joshua wiH be flying on an International fligh# outside of the continental United States. 4 i. However, Mother agrees to reimburse Father for the domestic portion of the airfare within a reasonable amount of time once Father provides the necessary receipt(s) showing all costs associated with the airfare. 4. The parties must provide each other with at least sixty (60) days notice of all future residency relocations such as Father and Joshua relocating from the Grand Cayman in the Cayman Islands and Mother and Megan relocating from Mechanicsburg, Pennsylvania in the United States. 5. The parties shall do nothing that may estrange Megan and Joshua from the other party or hinder the natural development of Megan and Joshua's love or affection for the other party. 6. 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 within agreement of the parties. 7. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issues of custody of the parties' minor Children, Megan and Joshua. 5 8. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 9. Both parties agree that the terms of this agreement have been fully explained to them by their respective legal counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. a. The Mother is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P. b. The Father is currently unrepresented and will be handling this matter pro se. 1O.The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by this Court. Consented to: ~1s~.~.~ Date ~~~ ~~~ Date ~~ v~ ~ Date Belinda mble ~- Michelle L. Som er, Esquire Abom & Kutul is, L.L.P. .--- V// ,, ~ .,.~ Scott D. Grcu 6 C'7 c , ~' ~ c7 -,-, c~ ~ ~~_ ~ O '_ ~ ~.d --(~ F r ~ ~ V'1 .._ _ €` C- `'~ ~~;' ~ J tTl ~(/ t_ ~ ~ ~ ~ ~ .~ ~~ ~ .~ ~ AUG 0 62001,D~' BELINDA J. TRIMBLE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. N0.99-127 CIVIL TERM SCOTT D. GRAUBARD, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ da of 2 0 t Y 0 7, he attached Modification Agreement as to Custody is hereby made an Order of Court. Distribution: ,~Aichelle L. Sommer, Esquire Abom 8~ Kutulakis, L.L.P. 36 South Hanover Street Carlisle, Pennsylvania 17013 Attorney for the Plaintiff ~ ~o# D. Graubard 424 72~d Street North St. Petersburg, Florida 33710 Pro Se Defendant 7 Edward E. Guido, J. h ! ~ f ! ~ 6-- ~?~"~ i~~Z