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HomeMy WebLinkAbout99-07318.? i >.a? s,a. ,.. ; ,., ??' i ;;r ,,, _, ;?t ?, „ia ?. .3 V 0 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF t_•• PENNA. C M Robert J Grohman SS#180-54-2330 aintifT-- VERSUS Tracy L Grohman SS#164-60-9127 Defendant No. 99-7318 Ci I TA?m DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Robert 7 Grohman PLAINTIFF, AND Tracy i Grohman , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINALORDER HAS NOT YET BEEN ENTERED; ONOTARY .t SEPERATION AGREEMENT THIS AGREEMENT, made and entered into this 1st day of November, 1997, by and between Robert J. Grohman, who resides at 828 Allenview Drive, Mechanicsburg, Pennsylvania, 17055 herein referred to as Robert, and Tracy L. Grohman, who resides at 1 Clemens Drive 418, Dillsburg, Pennsylvania, 17019, herein referred to as Tracy. Underlying Facts and Intentions 1. The parties were legally married to each other in the Elkton, Maryland, on the 21't day of January, 1989 and have been and are now Husband and Wife 2. Robert and Tracy have 2 children born of this marriage, Samantha Nicole Grohman, DOB 09/03/1990, and Nikolas Mikel Grohman, DOB 02/01/1993. 3. Due to unhappy and irreconcilable differences, the parties separated on date of separation, and since said time have lived separate and apart in separate residences without any cohabitation; and , intend to live separate and apart for the rest of their natural lives and to seek a divorce based upon irretrievable breakdown of the marriage. 4. WHEREAS, both parties have knowledge of the extent, value and character of the properties owned by them separately or jointly and of their respective means, obligations, and needs; and 5. WHEREAS, the parties intend, and it is the purpose of this Agreement, to make a complete and final settlement of all claims that Tracy may have against Robert for alimony, support and maintenance and that Robert may have against Tracy for alimony, support and maintenance, and to all other rights, claims, relationships or obligations between them arising out of their marriage or otherwise, and to memorialize the separation of the parties in their Agreement to remain permanently separate and apart. For reasons set forth above, and in consideration of the mutual promises of the parties made and of the acts to be performed by the respective parties hereto, it is agreed as follows: Section One: Living Separate Robert and Tracy may, and shall hereafter, live separate and apart, each free from all dominion, restraint and control of the other, whether direct or indirect, as if unmarried. Each party may hereafter reside at such place or places as he or she may elect, except insofar as such residence affects the residence of the children as specified in SECTION FOUR below. Section Two: No Molestation or Interference Neither party shall molest or interfere with the other or compel or attempt to compel the other to cohabit or dwell with him or her by any means whatsoever, by legal action or otherwise. Section Three: Division of Property All property, both real and personal, has been divided to the satisfaction of the parties. Section Four: Custody and Child Support 1. The Custody and Child Support has been entered as The Court of Common Pleas of Cumberland County, Pennsylvania. Docket No. 97-05609 A copy of which is attached and marked Exhibit A. This Order shall remain in effect throughout the separation and divorce and shall remain a separate issue from the divorce. 2. Extraordinary expenses shall also be shared equally by the parties. 3. The child(ren) shall be named as equal sharing beneficiaries of any life insurance policy which is now held or shall be purchased in the future by either party on his or her life. 9. Robert shall have right to declare Nikolas as a dependent on all of his Federal and State Income Tax Returns. Tracy shall declare Samantha as a dependent on all of her Federal and State Income Tar. Returns. 5. Upon the death of the custodial parent, the non-custodial parent shall have full and complete custody of the minor children. ' `i Section Five: Alimony Robert shall pay to Tracy as alimony the sum of $300.00 (Three Hundred Dollars) per month in advance, commencing on November 1, 1997 and continuing on the first day of each and every month thereafter. The said payments shall terminate upon the death of the Robert, the death of Tracy, or the remarriage of the Tracy, or on November 1,2000, whichever event happens first. Section Six: Separate property Each party shall retain, have and enjoy independently of any claim, right or demand of the other party, all property of every kind, nature and description and wherever situated which is now owned or held or is hereafter acquired by him or her or stands in his or her name. Section Seven: Marital Property Except for the right, which each of the parties respectively reserves, to assert as a ground for divorce any cause or ground which either of them might now or hereafter have against the other, and except for the rights provided in this Agreement, the parties for themselves and their respective heirs, personal representatives, successors and assigns, do hereby mutually release, waive, surrender and assign unto the other, his or her heirs, personal representatives, successors and assigns, all claims, demands, accounts and causes of action which either of them may have against the other or against his or her property, or rights, whether arising out of the marriage. Section Eight: Release of Estate Rights Each party releases all right to share in the estate of the other or to serve as executor or administrator of the estate of the other, except only as provided by will or codicil to will executed subsequent to the date of this Agreement. Section Nine: Subsequent Debts 1. Tracy warrants, represents, and agrees that she will not hereafter contract or incur any debt, charge or liability whatsoever for which Robert, his legal representatives, or his property or estate, will or may become liable. Tracy further covenants at all times to hold Robert free, harmless and indemnified from and against all debts, charges or , j r 1 1. i liabilities hereafter contracted or incurred by her in breach of the ions of this paragraph; and from any and all attorneys fees, costs i i prov s incurred by the Robert as a result of any such breach. With - and expenses the exception of the Bell Atlantic telephone and Pennsylvania Power and Light and Suburban Cable company which remain in Tracy's name at 828 Allenview Drive 2. Robert warrants, represents, and agrees that he will not hereafter contract or incur any debt, charge or liability whatsoever for which Tracy, her legal representatives, or her property or estate, will or become liable. Robert further covenants at all times to hold Tracy a y m free, harmless and indemnified from and against all debts, charges or liabilities hereafter contracted or incurred by him in breach of the ions of this paragraph; and from any and all attorneys fees, costs i s prov and expenses incurred by the Tracy as a result of any such breach. , Section Tan: Divorce This Agreement is entered into as part of a pending divorce action in the Court of Common Pleas of the STATE of Pennsylvania. Should a Judgment ; of Divorce be entered in this Court, then this Agreement shall be f` incorporated in, but not merged with, the Judgment, but shall survive and remain as an independent contract. Section Eleven: Mutual Release. Except as otherwise provided herein, each party to this Agreement has k; released and discharged, and by this Agreement does for himself, or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties has against the other, except any or all cause or causes of action for divorce. Section Twelve: Modification and Binding Effects of this Agreement The provisions of this Agreement shall not be modified or changed except by mutual consent and Agreement of the parties, expressed in writing, or by intervention of a court of competent jurisdiction. This Agreement contains the entire undertaking of the parties, and there are no representatives, warranties, covenants, or undertakings other than those expressly set forth herein. Section Thirteen: Governing Law This Agreement shall be governed by and construed in accordance with ' the laws of the STATE of Pennsylvania. In Witness Whereof, the parties hereto have signed, sealed, and acknowledged this Agreement on this ?^day of % zo Witness Tracy L Grohman Witness ert Joseph Grohman STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND, SS: I HEREBY CERTIFY that on this f December 1999, before me, a Notary Public I and for the ST and county aforesaid, personally appeared Tracy Lyn Grohman and made oath in due form of law that the matters and facts contained in the foregoing Separation and Property Settlement Agreement are true and correct to the best of her knowledge, information and belief, and that she voluntarily executed the same for the purposes therein contained. Notary Public My Commission Expires: Natarlal Seal WIIIiam H. Wessels, Notary public carrou r York Coon My CamYSSion Eicpires Aup. ?5, 2003 Membor, PemsyNanla Assodajlm of Nolarles i ,,..,. STATE OF PENNSYLVANIA COUNTY OF COUNTY, SS: of December, 1999, before I HEREBY CERTIFY that on this ersonally me, a Notary Public, I and for the ATE and county aforesaid, p appeared Robert Joseph Grohman, and made oath in due form of law that the matters and facts contained in the foregoing Separation and Property Settlement Agreement are true and correct to the best of his knowledge, information and belief, and that he voluntarily executed the same for the purposes therein contained. 4rYPublic My Commission Expires: Notarial Seal wmain H. Wessels, N ?nPPublic My Cor=lsslon Exd r rea Aug.ls. 2009 Member, PervmM- Assoctabon of Notaries l I EXHIBIT A Custody Agreement 1. Robert and Tracy will follow the attached Exhibit A TRACY L. GROHMAN, Plaintiff Vs. ROBERT J. GROHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-05604 CIVIL TERM CUSTODY CONSENT AGREEMENT I This Agreement is entered on this day of / A 1997, by the plaintiff, Tracy L. Grohman, and the defendant, Robert J. Grohman. The plaintiff is represented by Elizabeth B. Stone, of STONE LaFAVER & 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 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 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 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 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 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 1Or 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 roflect the above terms. 7 11. Tracy L rohman, P a-intiff v ? L(1-9kz? - Robeiat Y. Grohman, Defendant Elizabe B. Stone Attorn y for P tiff STONE,'ta er & STONE 414 Bridge Street P.O. Box E New Cumberland, PA 17010 (717) 774-7435 Joan Carey Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 TRACY L. GROHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97-05604 CIVIL TERM ROBERT J. GROHMAN, CUSTODY Defendant CUSTODY ORDER AND NOW, this day of 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 Nikolas 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 Nicola Grohman d.o.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 shall 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 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 r I' 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, J. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ...... &... day of....`..... q, .., 19.17 .. »..? .... Prmho2? IN THE COURT OF COMMON PLEAS Robeet':J. Grohman SS#180-54-2330 Tracy L. Grohman SS#164-60-9127 CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION NO. 99-7318 CIVILTERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) 44g-}u ff#zmarwubag. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 12/06/99 Personal Service 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff PIarch 9. 2000 ; by defendant Narch 11.2000 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: 4. 5. (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Related claims pending: Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: _ ptarch 15 9000 Un;rad SrarAq MaiI (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 03/-31/200o Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 03/31/2000 ??`?j ? -anarAf " Plaintiff I V 106WAM (Pro Se) 'y P.cri ri y U : i n C7 U IN THE COURT OF COMMON PLEAS OF FAMILY DIVISION Robert J. Grohman 828 Allenview Drive Mechanicsburg, PA 17055 SS#180-54-2330 Plaintiff VS. No. 44- -72 1 Tracy L. Grohman 1 Clemens Drive # 18 Dillsburg, PA 17109 SS#164-60-9127 Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Di- vorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE: York County Bar Association Lawyer Referral Service cu"ffzi ??ew?lw y Bar Association 1 3 = a M j _ ?--+^--- ee or 7401 X61 Z U P_7,e -1-7 AVk . CAPu cr . PA 1-)013 In - 2`fC('31(0(p COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Section 3301 (c) Indignities Irretrievable Breakdown Mutual Consent section 3301(d) Irretrievable Breakdown Two-Year Separation where the court de- termines that there is a reasonable prospect of recon- ciliation. A list of qualified professionals is available for inspec- tion in the: FAMILY DIVISION Administrative Court 9th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE COURT OF COMMON PLEAS OF C PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. Tracy L. Grohman DIVORCE SS#164-60-9127 Defendant COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Robert J. Grohman, who currently re- sides at 828 Allenview Drive, Mechanicsburg, Pennsylvania 17055, at least since December 16, 1996. 2. Defendant is Tracy L. Grohman, who currently resides at 1 Clemans Drive #18, Dillsburg, Pennsylvania 17019, at least since November 1, 1997. 3. Robert J. Grohman has been a bona fide resident in the Commonwealth for at least six months immediately previ- ous to the filing of this Complaint. 4. The plaintiff and defendant were married on January 21, 1989, at Elkton, Maryland, County of Cecil. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The plaintiff is aware of the availability of coun- seling and of the right to request that the court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is at- tached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. Pla t' f (Pro Se) Date: IZ'-? 9g j 1 COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) and 3323(6) DIVORCE CODE 1. Plaintiff and Defendant have reached an agreement on is- sues including alimony, property division, child support and child custody. WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between Plain- tiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) of the Divorce Code. I verify that the statements made in this Complaint 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. Pla ti Date: i Z-q-`j-9 «h;'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. Tracy L. Grohman SS#164-60-9127 Defendant No. VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., Subsection 4094, relating to unsworn falsification to authorities. Plai ti t, ?s r' DATE: Z'? '99 3 ?A7'P4CATION N2 082259 LICENSE NO ...... Liconw l..uml. ...... .....`.>r...? ID..??.. .et..??. M APPLICATION FOR ARRIAGE LICENSE To the Clark of the Circuit Court for Cu![ l:nunly. Maryland: 1 hereby make application for n Marringu Llcnnso Iu bo I.ruud in accordance with The Act of AwmWy In such cam made end pmkkd, and d?o?m -doIti'j 11, (allowing mintnmimt. undnr ouch, to Wit: .! } .... QQ??? rr?v pp Q0.. /?1JI..IS+!!ls.t,sa?v? ............... Ago. `/.. Birthplace.......................... '4.l{ .... ............ IYO-s59- 330 (Lrraim's9nmol ($bUOrGOUnty) Groom iRnWaece... 9'ZS , ....r?.?..I ..... (GI................ (Slreal NlJn?x •.... yaM 51aN) ?•? , Nevor Murriod:1 -7 -8(a -y- Pmrioua Marital Status; Widowod:I .................................... ...... ................................ Divurcod.................................................................................. .... I I. J ..... :.. Y`! ........ .......................... Age.x Birlhplea...... . (bµ ?6C-9I Brido's Numo) (Slats orCwoly) Brides IlUii (Shoot Addteesl (Gry and SlaMj RslaUmsldp tagroae.If enY...!..l KhQ ................................................................................... I Nover Marriodi; ' I ponlmrs MadWStalua: Wldawod0 ................. ................................................................... Divoradn .......... ................................................................... ............................................ ' Nsme of Panora consenUn( UGroom b a Minor ..................................... ................................................................... U'nrunl or Guardian) Name of Parson consanUag U Bride Is a Miner ...................................... .......................... I..P.Y....ranl . or ........ Guardian ... ) ...................... .......................... .................... Wdnms ?.?' .J.\?/,,??.............. .... PPLIGN! A ? il J ....................... ............................... ?V-'/?^?• I'•?'?''^',•j•_(?J ? y'^(•?•Aj•L^•:• l/ ............. 'h .... ?• .`,,? PPWGNl ? •?? nesa Wd A V rr . 13 g q/ I i... Y. . A D I f d . Swore to and subscdbod before sne this....... ....... ...... ................ ................... . .. ay o t .... + ...... C .rcuil CnurI for Cecil County Clurkuf hhu AppliuUOO Filed........ .. ......!.-r ....... to.. ........ at.......... I r ro .... P: M. CLERK'S CERTIFICATE OF MARRIAGE RETURN G. the....... ..••••• day of...... ..... ...... '1p/.?. /. the abo,-o-named parties wenludted to ELKTON MD ........ by......,...K .......... .... ' manage at ....................... 1......... hmm?nf ulbriubng kbmaar otA hnriud Oflint ELKTON, MD NON-SECTARIAN M NI ER ........................................... . Lh "' AW rw ?J Muuatnr ur AuthanlW llll. ru! Tnlu u W urch !;r '64i!;; naolas Clur1, Corlificalian I. currucllY u.ecul.d trim a Murnago Nulurn fdW In this dfln W I HEREBY CERTIIPY It, I Iho T .. I9... ? d........... unlur uulhunlY of n4?nn i.umuu. ................... ?. L.? .. /$/,NELSON D. STUBBS liiiulunv (:lurkof Ihu I:uurl r t r CLERK'S CERTIFICATE STATE OF MARYLAND CECIL COUNTY, TO WIT: I, WILLIAM L. BRUECKMAN, Clerk of the Circuit Court for Cecil County, do HEREBY CERTIFY that the aforegoing is a TRUE COPY of the marriage license number 82259 dated JANUARY 17TH.__U_Py , issued to: ROBERT J. GROHMAN AND TRACY L. WILEY IN TESTIMONY WHEREOF, I hereunto set my hand and affix the Seal of the Circuit Court for Cecil County, this 1ST day of NOVEMBER In the Year Nineteen Hundred and NINETY NINE Clerk of the Circuit Court for Cecil County. i Ott: •J?? CJ U j L, U 1 '. J1 C? ?''J Ov n b g ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-59-2330 Plaintiff VS. Tracy L. Grohman SS#164-60-9127 Defendant NO.99-7318 Civil ACCEPTANCE OF SERVICE I, Tracy L. Grohman, hereby state that I have accepted service of a true correct copy of the Complaint in Divorce in the above captioned matter at 6 , UO on /°I • (0 -q9 by personal service. The server was Kel/y S?hmr , whose age is 41 and whose address is J?3 cuw-nvac c-r /3?. MeeehcuLLUJ?LAS? jofl )-70 1 C ..j? o'/ Def ant _.C CC) r" U' `c C= L '. 117Li . 1n- CL L" - CD ? J r . U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. N0.99-7318 Civil Tracy L. Grohman DIVORCE SS#164-60-9127 Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12/6/99. 2. The marriage of Plaintiff and Defendant is irre- trievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning ali- mony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. ?l s j t: is d I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Sec 4904 relating I' to unsworn falsification to authorities. Pl i f Dated: ? -J -OD SWORN TO AND SUBSCRIBED BEFORE ME THIS (I" DAY OF,M" _, a I NOTARIAL SEAL lAtr'A A. tAc 3 RY, tJOt=r? Pu I`,a Camp H II Soto, Cumbcrl5. d Coan'l t4 • Cr. mi>cion Ex fires Dec. 0.2UJ3 l C N 4 ' - fl J : C ) !•n l;i_ d ILU ca- 0 O O -) o U . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#160-54-2330 Plaintiff Tracy Lyn Grohman DIVORCE SS#164-60-9127 Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3 -10 , oo laintiff vs. No.99-7318 Civil _ i [' C L > rnurs;d": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. Tracy L. Grohman SS#164-60-9127 Defendant No.99-7318 Civil DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 6, 1999. 2. The marriage of Plaintiff and Defendant is irre- trievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning ali- mony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. A I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Sec 4904 re- lating to unsworn falsification to authori ies. Defendant Dated: 3 _g -Q:) SWORN TO AND SUBSCRIBED BEFORE ME THIS // DAY Wills, Nosy p?MYork ty OF *PenVania l Seal r pD? Y CoAog, g5, /! Member, ssoclalhn of Notaries `rlkoJ ti z c, U_ >` '?1 SEPERATION AGREEMENT THIS AGREEMENT, made and entered into this 1st day of November, 1997, by and between Robert J. Grohman, who resides at 829 Allenview Drive, Mechanicsburg, Pennsylvania, 17055 herein referred to as Robert, and Tracy L. Grohman, who resides at 1 Clemens Drive #18, Dillsburg, Pennsylvania, 17019, herein referred to as Tracy. Underlying Facts and Intentions 1. The parties were legally married to each other in the Elkton, Maryland, on the 21" day of January, 1989 and have been and are now Husband and Wife 2. Robert and Tracy have 2 children born of this marriage, Samantha Nicole Grohman, DOB 09/03/1990, and Nikolas Mikel Grohman, DOB 02/01/1993. 3. Due to unhappy and irreconcilable differences, the parties separated on date of separation, and since said time have lived separate and apart in separate residences without any cohabitation; and , intend to live separate and apart for the rest of their natural lives and to seek a divorce based upon irretrievable breakdown of the marriage. 4. WHEREAS, both parties have knowledge of to extent, value and character of the properties owned by them separately or jointly a:,d of their respective means, obligations, and needs; and 5. WHEREAS, the parties intend, and it is the purpose of this Agreement, to make a complete and final settlement of all claims that Tracy may have against Robert `or alimony, support and maintenance and that Robert may have against Tracy for alimony, support and =aintenance, and to all other rights, claims, relationships or obligations b=etween them arising out of their marriage or otherwise, and to memorialize the separation of the parties in their Agreement to remain permanently separate and apart. For reasons set forth above, and in consideration of the mutual promises o` the parties made and of the acts to be performed by the respective parties hereto, it is agreed as follows: , Section One: Living Separate Robert and Tracy may, and shall hereafter, live separate and apart, each free from all dominion, restraint and control of the other, whether direct or indirect, as if unmarried. Each party may hereafter reside at such place or places as he or she may elect, except insofar as such residence affects the residence of the children as specified in SECTION FOUR below. Section Two: No Molestation or Interference Neither party shall molest or interfere with = :e other or ccmpel or attempt to compel the other to cohabit or dwell wit. him or her by any means whatsoever, by legal action or otherwise. Section Three: Division of Property All property, both real and personal, has been divided to the satisfaction of the parties. Section Four: Custody and Child Support 1. The Custody and Child Support has been entered as The Court of Common Pleas of Cumberland County, Pennsylvania. Docket No. 97-05604 A copy of which is attached and marked Exhibit A. This Order shall remain in effect throughout the separation and divorce and sha'-1 remain a separate issue from the divorce. 2. Extraordinary expenses shall also be shared equally by the parties. 3. The child(ren) shall be named as equal sharing beneficiaries of any life insurance policy which is now held or shall be purchased in the future by either party on his or her life. 4. Robert shall have right to declare Nikolas as a dependent on all of his Federal and State Income Tax Returns. Tracy shall declare Samantha as a dependent on all of her Federal and State Income Tax Returns. 5. Unon the death of the custodial parent, the non-custodial parent shall have full and complete custody of the minor chi l dr=-n. Section Five: Alimony Robert shall pay to Tracy as alimony the sum of $300.00 (Three Hundred Dollars) per month in advance, commencing on November 1, 1997 and continuing on the first day of each and every month thereafter. The said payments shall terminate upon the death of.the Robert, the death of Tracy, or the remarriage of the Tracy, or on November 1,2000, whichever event happens first. Section Six: Separate property Each party shall retain, have and enjoy independently of any claim, right or demand of the other party, all property of every kind, nature and description and wherever situated which is now owned or held or is hereafter acquired by him or her or stands in his or her name. Section Seven: Marital Property Except for the right, which each of the parties respectively reserves, to assert as a ground for divorce any cause or ground which either of them might now or hereafter have against the other, and except for the rights provided in this Agreement, the parties for themselves and their respective heirs, personal representatives, successors and assigns, do hereby mutually release, waive, surrender and assign unto the other, his or her heirs, personal representatives, successors and assigns, all claims, demands, accounts and causes of action which either of them may have against the other or against his or her property, or rights, whether arising out of the marriage. Section Eight: Release of Estate Rights Each party releases all right to share in the estate of the other or to serve as executor or administrator of the estate of the other, except only as provided by will or codicil to will executed subsequent to the date of this Agreement. Section Nine: Subsequent Debts 1. Tracy warrants, represents, and agrees that she will not hereafter contract or incur any debt, charge or liability whatsoever for which Robert, his legal representatives, or his property or estate, will or may become liable. Tracy further covenants at all times to hold Robert free, harmless and indemnified from and against all debts, charges or liabilities hereafter contracted or incurred by her in breach of the provisions of this paragraph; and from any and all attorneys fees, costs and expenses incurred by the Robert as a result of any such breach. With the exception of the Bell Atlantic telephone and Pennsylvania Power and Light and Suburban Cable company which remain in Tracy's name at 828 Allenvie,K Drive 2. Robert warrants, represents, and agrees that he will not hereafter contract or incur any debt, charge or liability whatsoever for which Tracy, her legal representatives, or her property or estate, will or may bete=e liable. Robert further covenants at all times to hold Tracy free, *,armless and indemnified from and against all debts, charges or liabilities hereafter contracted or incurred by him in breach of the provisions of this paragraph; and from any and all attorneys fees, costs and excesses incurred by the Tracy as a result of any such breach. Section Ten: Divorce Tbis Agreement is entered into as part of a pending divorce action in the Court of Common Pleas of the STATE of Pennsylvania. Should a Judgment of Divorce be entered in this Court, then this Agreement shall be incorporated in, but not merged with, the Judgment, but shall survive and remain as an independent contract. Section Eleven: Mutual Release. Except as otherwise provided herein, each party to this Agreement has released and discharged, and by this Agreement does for himself, or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties has against the other, except any or all cause or causes of action for divorce. Section Twelve: Modification and Binding Effects of this Agreement The provisions of this Agreement shall not be modified or changed except by mutual consent and Agreement of the parties, expressed in writing, or by intervention of a court of competent jurisdiction. This Agreement contains the entire undertaking of the parties, and there are no representatives, warranties, covenants, or undertakings other than those expressly set forth herein. Section Thirteen: Governing Law T`--'s Agreement shall be governed by and construed in accordance with the laws of the STATE of Pennsylvania. In witness Whereof, acknowledged this Agreement the parties hereto have signed, sealed, and n T on this -day of //CCLM ? 19?. r , l Witness Tracy LI Grohman / "2. Witness STATE OF PENNSYLVANIA. COUNTY OF CUMBERLAND, SS: '_.,er? Joseoh Grohman I HEREBY CERTIBY .::at on this December 1999, ?e'ore me, a Notary Public I and for the ST .. and county aforesaid, personally appeared Tracy LynGrohman and made oath in due form of law that tn_ matters and facts contained in the foregoing Separation and Property Settlement Agreement are true and correct tc the best of her knowledge, information and belie:, and that she voluntarily executed the same for the purposes therein contained. Notary =.rblic My Commission Expires: Nptartal Seal William H. Wessels, Notary Pubfk: Carroll Twp York County My Comm7ssion Eirpires Aug.75. 2063 Mermrer, Pemsylvanla Assoclallon of Notaries STATE OF PENNSYLVANIA COUNTY OF COUNTY, SS: I HEREBY CERTIFY that on this of December, 1999, before me, a Notary Public, I and for the P.T_= and county aforesaid, personally appeared Robert Joseph Grohman, and made oath in due form of law that the matters and facts contained in the foregoing Separation and Property Settlement Agreement are true and correct to the best of his knowledge, infcrmation and belief, and that he voluntarily executed the same for the purposes therein contained. ,(, Nbfry Public My Commission Expires: Notarial Seal William H. Wessels, Notary Pubik: CarmUT YyorkCounty .. MY Coamissbn r:xpires Aug. 15. 2003 Member, PemsyNaraa AssodaUm of Nolarles li L EXHIBIT A custody Agreement 1. Robert and Tracy will follow the attached Exhibit A TRACY L GROHMAN, Plaintiff VS. ROBERT J. GROHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-05604 CIVIL TERM CUSTODY CONSENT AGREEMENT (f u /' , entered on this ? y day of1iC'/2A This Agreement is 1997, by the plaintiff, Tracy L. Grohman, and the defendant, Robert J. Grohman. The plaintiff is represented by Elizabeth B. Stone, of STONE LaFAVER & 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 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 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 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. ?rn Tracy .I rohman, PI-aintiff El izabe B. Stone Attorn y for P tiff STONE, Z-crF er 8 STONE 414 Bridge Street P.O. Box E New Cumberland. PA 170'10 (717) 774-7435 Ro-be-MC Y. Grohman, Defendant Joan Carey Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 4 TRACY L. GROHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97-05604 CIVIL TERM ROBERT J. GROHMAN, CUSTODY Defendant CUSTODY ORDER AND NOW, this ?7 .t day of `::71- mr • 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 Nikolas Mikel Grohman d.o.b. 2-1-93 The defendant, Robert J. Grchman, 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 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 shall 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 shall have the period beginning the day before the holidays in 1997, and odd numbered years thereafter. 4. The parent whu has the chi ldren.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 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, TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. ~zC This ...... .j......... day of .... A:^, 19.'? '- ? a (1 f.L .• O i IN THE COURT OF COMMON PLEAS OF FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. Tracy L. Grohman SS#164-60-9127 Defendant D No. QQ+ 'n L? a DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Pennsylvania, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his own knowledge that the Defendant Tracy Lyn Grohman herein is not in the mili- tary service as defined in the Solders' and Sailors' Relief Act of 1940 and its Amendments thereto, for the following reasons: She lives in Dillsburg and works for a collection company. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. Signore" of Plaintiff 1. \T IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: Noterl=N William H. WessePublic Carroll Twp?? MY Cortwnlsskm Ex liefT ARY PUBLIC ennsyNanW ASaodalron of NOta les 11 .? ti .15 F- li.' L: :j L3J L „l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. No.99-7318 Civil Tracy Lyn Grohman SS#164-60-9127 Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3 - 0- 00 Defendant QI } 1 1 I- ? 7 r i-lY , J - _ ' L C ? y a b. 1,1/ 1 4, CZ) 1 1 Robert J. Grohman SS#180-54-2330 Plaintiff VS. Tracy Lyn Grohman SS#164-60-9127 Defendant 'LEAS OF CUMBERLAND COUNTY FAMILY DIVISION YL N0.99-7318 Civil DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(c) DIVORCE DECREE To: Tracy Lyn Grohman, Defendant You have signed a section 3301(c) affidavit consenting the entry of a divorce decree. Therefore on or after 3/28/2000, the other party can request the Court to enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the day in the paragraph above, or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 TELEPHONE: (717) 240-6200 '46i qz -e IN THE COURT SS# Plaintiff VS. E IA ON No. DIVORCE SS# Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(c) OF THE DIVORCE CODE I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that I must file my economic claims with the Clerk of the Family Court in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable to file any economic claims. I verify that the statements made in this counter-affidavit 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 unworn falsification to authorities. ?I f? Date Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Robert J. Grohman SS#180-54-2330 Plaintiff VS. Tracy L. Grohman SS#164-60-9127 Defendant No.99-7318 Civil DIVORCE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD TO: Tracy L. Grohman (Opposing Party) Pursuant to Local Rules of Cumberland County please be advised that I plan to file with the Office of the Prothono- tary a Praecipe to Transmit the Record with attended docu- ments on _312$2&i2o Exact copies of the Praecipe and the proposed Final De- cree are enclosed herewith. After the Praecipe and proposed Final Decree are filed, you will have a period of ten (10) days during which you may file objections to the entry of the Final Decree based upon this Praecipe. If you dispute any of the information on the Praecipe or the Final Decree, you must act within that ten- day period. Any objections must be filed in writing with the Office of the Prothonotary. If no objections are filed be- fore the expiration of the ten-day period, this case will be submitted to the Court for entry of the Final Decree. -311 S 2C2?;O ' , Date of Mailing Pla tiff