Loading...
HomeMy WebLinkAbout08-0610CAROL D. ROHR, Plaintiff V. ROBERT F. ROHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. Cif-6 V CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Carol D. Rohr, an adult individual currently residing at 134 Milky Way, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Robert F. Rohr, an adult individual currently residing at 11684 Old Mill Road, Shippensburg, Franklin County, Pennsylvania. 3. The parties are the adoptive parents of two (2) children, namely, Robert Sergei Rohr, born May 18, 1994, and Ryan Dmitri Rohr, born February 24, 1996. The children were adopted. For the past five (5) years, or since the children's adoption, the children have resided with the following persons at the following addresses for the following periods of time: NAME Carol D. Rohr Carol D. Rohr Carol D. Rohr and Robert F. Rohr ADDRESS 134 Milky Way Shippensburg, PA 17257 11564 Old Mill Road Shippensburg, PA 17257 11564 Old Mill Road Shippensburg, PA 17257 DATES February 2005 to Present August 2003 to February 2005 Time of Adoption to August 2003 The adoptive mother of the children is Carol D. Rohr, who resides as aforesaid. She is divorced. The adoptive father of the child is Robert F. Rohr, who resides as aforesaid. He is divorced. 5. The relationship of the Plaintiff to the children is that of adoptive mother. The Plaintiff currently resides with the children at issue. 6. The relationship of the Defendant to the children is that of adoptive father. The Defendant currently resides with his significant other. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth or in any other state. 9. It is in the best interest and permanent welfare of the children to grant the relief requested for the following reasons: a. The parties separated in or about August 2003, and while the parties never had a formal Custody Order, they informally agreed for Plaintiff to exercise primary physical custody of the children and for Defendant to exercise partial physical custody of the children, and Defendant's general schedule for partial physical custody is every Monday and Wednesday evenings and Friday overnight, although he is not so consistent as to exercise these periods every week. b. Plaintiff plans to move, with the children, to Oklahoma City, Oklahoma in or about June 2008. c. Plaintiff is originally from Oklahoma City, Oklahoma, having relocated to Pennsylvania eighteen (18) years ago for Defendant's job. d. Plaintiff is currently a teacher at Lincoln Intermediate Unit #12, teaching English to immigrant children in the Chambersburg Area School District. e. Plaintiff has family in Oklahoma City, Oklahoma, including her mother, her sister, her sister's husband, and her sister and husband's two children, both of whom have in common with the two children at issue that they are all adopted from Russia. f. Plaintiff has investigated the housing market in Oklahoma City, Oklahoma, intends to move into her sister's neighborhood, and has found, in general, the area has a lower cost of living such that Plaintiff will be able to obtain a nicer house than she currently owns for less money in Oklahoma City, Oklahoma. g. The children are both close to their family in Oklahoma City, Oklahoma, calling their cousins and grandmother on a regular basis, visiting the family approximately two times a year in Oklahoma City, Oklahoma, and hosting the family in the Shippensburg, Pennsylvania, area whenever possible. h. In comparison, while Defendant's family currently lives close to the children, they are not extensively involved in the children's lives, nor do the children having any surviving paternal grandparents. i. Plaintiff's father was a superintendent of the school district in which she wishes to live in Oklahoma City, Oklahoma, and her sister is currently a teacher in said school district. j. Plaintiff has investigated work opportunities in said school district, and she will earn approximately the same income as she is currently earning, with easy access to employment in the school district where she wishes to live. She holds three (3) teaching certificates and a Master's Degree. k. The parties' son, Robert, excels in music, having recently been chosen as the youngest ever member in the Shippensburg University-Community Orchestra, in which he plays the cello. 1. Robert is a cellist and has applied to and auditioned for the Classen School of Advanced Studies, which is a prestigious school where he will have two to three hours of music a day, opposed to his current school district in which he has orchestra for forty (40) minutes, once or twice weekly and does not feel he is being challenged. m. Robert has been excited about the possibility of this school for quite some time, and both children are very excited about a move to Oklahoma City, Oklahoma. n. Plaintiff has maintained a relationship not only with her family in Oklahoma City, Oklahoma, but also a lot of friends with children the same age as her children. o. Plaintiff has health issues, including but not limited to, metal rods in her back, such that the shorter winters in Oklahoma City, Oklahoma, will be much more advantageous for her and her arthritis, as opposed to the long hard winters in Shippensburg, Pennsylvania. p. Plaintiff has always provided for the boys' healthcare needs as they both are diagnosed with attention-deficit/hyperactivity disorder (AD/HD), and she has arranged for a new doctor in Oklahoma City, Oklahoma, referred by family. q. Both of the children have braces now, and Plaintiff's current orthodontist has located an orthodontist in the Oklahoma City, Oklahoma area that provides the same kind of treatment he is using so that the transfer will be smooth. r. Plaintiff will work with Defendant so that he can still have meaningful contact with the children, allowing him to come out any time he wishes for any holiday or any long weekend. s. Plaintiff also proposes that Defendant have one week of summer custody, with a financial arrangement for said period of custody to be agreed upon by the parties. 10. Plaintiff does not know any person not a party to these proceedings who claim to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff request your Honorable Court schedule a Conciliation Conference, followed by a hearing at which she is granted primary physical custody and Defendant granted partial physical custody. Respectfully submitted, `Hannah Herman-Snyder, Esqui Attorney for Plaintiff 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: L t/,*" CAROL D. ROHR e^a; n <a co t ?. CAROL D. ROHR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-610 CIVIL ACTION LAW ROBERT F. ROHR IN CUSTODY DFFF,NDANT ORDER OF COURT AND NOW, Friday, February 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 06, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Mangan, _&, Esq. j?rt?) Custody Conciliator 1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 *0 -"- /A? 4) ? C7. I. r dW / M-I? -5a- 07- 0z =Zi I'M 9- $-Ij Rooz A8Vi N`6H.iWd 3H1 3O 1 7? CAROL D. ROHR, Plaintiff V. ROBERT F. ROHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-610 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Custody Complaint was sent to Defendant, Robert F. Rohr, at his address of 11684 Old Mill Road, Shippensburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on February 1, 2008. o,',Al TX Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed, to before me this / -!?6 day of 32008 NO? ARY P LIC ;M to" J. 1ASOM No" rubNc CM W902CWN. CWA0 AW My, won Exp110$ Apr 17g201 Ln w CE-PTIFIED MAIL RE CEIPT to cc m 70 . .,. Postage $ t a w " • t 11 O CartiTied Fee :. O . 0 Ratum Recelpt Fee (Endorsement Required) P?gtmark i ?Ofjere 1? (EndorserneM Req fired) to 0 Tbtel Postage a Fees $ r Li g C3 ent o .. l ........... ... Stnst, Apt. No.: or P Box No . ..................... .._ . CMS ohh, DP+ ........ ..... ? PS Fur in Ai, Ail," t ,TM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carol D. Rohr, Civil Action - Law Plaintiff vs. F. R. 2008-610 Robert F. Rohr, Defendant In Custody MOTION FOR CONTINUANCE TO THE HONORABLE JUDGES OF SAID COURT: Now comes Carol A. Redding, Esquire, Attorney for Defendant, Robert F. Rohr, and sets forth the following: 1. Plaintiff, Carol D. Rohr, and Defendant, Robert F. Rohr, are scheduled for a Pre- Hearing Custody Conference on Thursday, March 6, 2008, at 9:30 a.m. 2. The Petition for Custody was filed on January 28, 2008 and the Notice of said Pre- Hearing Custody conference was received by counsel on or about February 8, 2008. 3. At the time of receiving notice of said conference, Defendant's attorney, Carol A. Redding, had already scheduled vacation including March 6, 2008 and continuing thru March 240', 2008. As a result, counsel for Defendant is unable to attend the Pre-Hearing Custody Conference. 4. Counsel for Defendant has represented said Defendant for the past four years, is familiar with the family involved in this matter and it would be prejudicial to the Defendant to attend the mediation conference unrepresented. 5. A continuance of this mediation for a period of a few weeks will not prejudice the Plaintiff as no change is requested to the current custody arrangement and this appears to be a case requesting relocation for the school year beginning in the Fall of 2008. 6. The Office of Carol A. Redding, Esquire, has contacted Plaintiff's attorney, Hannah Herman-Snyder, Esquire, who does not concur to the continuance of this matter. No reason has been provided for the objection. WHEREFORE, Carol A. Redding, Attorney for Defendant, Robert F. Rohr, respectfully request that the Pre-Hearing Custody Conference scheduled for Thursday, March 6, 2008 at 9:30 a.m. be continued to a new date, on or after March 25, 2008, of 2008 at .m. with notice provided to all parties. Carol A. Redding, Esquire Attorney # 82041 Attorney for Defendant Robert F. Rohr REDDING LAW OFFICE 19 North Main Street Chambersburg, PA 17201 (717) 267-1440 I verify that the statements set forth 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. 4904 relating to unworn falsification to authorities. DATE: c? o? Q &AO'.P 0--. ecai- .LI Carol A. Redding, Esquire CERTIFICATE OF SERVICE I, Carol A. Redding, Esquire, hereby certify that on this W day of February, 2008, I served a copy of the foregoing Motion for Continuances: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Service by: Personal service via had delivery Service by First Class, United States Mail, postage pre-paid, mailed at Chambersburg, PA, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the /? Office of the Recorder of Deeds of Franklin County Facsimile service Certified/Registered Mail BY. htw 0- 6d4114 Carol A. Redding, Esquire Attorney I.D. # 82041 Attorney for Defendant REDDING LAW OFFICE 19 North Main Street Chambersburg, PA 17201 (717) 267-1440 c z) .r CAROL D. ROHR, Plaintiff V. ROBERT F. ROHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-610 CIVIL TERM : IN CUSTODY ANSWER TO MOTION FOR CONTINUANCE AND NOW comes Plaintiff, Carol D. Rohr, by and through her attorney of record, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and answers the Motion for Continuance as follows: 1. Admitted. 2. Admitted in part. It is admitted that the Petition for Custody was filed on January 28, 2008. Plaintiff is without sufficient information or knowledge to admit or deny whether notice of said pre-hearing custody conference was received by Defendant's counsel on or about February 8, 2008. It is averred that notice was provided directly to Defendant by counsel for Plaintiff. 3. Admitted in part. Plaintiff is without sufficient information or knowledge to admit or deny whether at the time of receiving notice of said conference, Defendant's attorney had already scheduled vacation including March 6, 2008 and continuing through March 24, 2008. It is admitted that as a result of scheduled vacation, counsel for Defendant is unable to attend the pre-hearing custody conference. f. , 4. Denied. It is denied that counsel for Defendant has represented said Defendant for the past four (4) years. It is averred that counsel for Defendant represented Defendant in prior divorce proceedings, which were final as of May 30, 2006. Plaintiff is without sufficient information or knowledge to admit or deny whether counsel for Defendant is familiar with the family involved in this matter. It is averred that the parties were never previously in court on custody related matters. It is denied that it would be prejudicial to the Defendant to attend the mediation conference unrepresented. It is further averred that Defendant could have had any other choice of counsel and does not necessarily have to attend unrepresented. 5. Denied. It is denied that a continuance of this mediation for a period of a few weeks will not prejudice the Plaintiff as no change is requested to the current custody arrangement, and this appears to be a case requesting relocation for the school year beginning in the fall of 2008. It is averred that Plaintiff filed the action when she did so as to be in court prior to her planned move in June of 2008. It is further averred that Plaintiff intends to relocate to Oklahoma City, Oklahoma in June of 2008, with the Court's permission, and wishes to have time for the two minor children to adjust. Furthermore, Plaintiff believes this adjustment period is necessary for both the two minor children as both of the children are diagnosed with attention-deficit/hyperactivity disorder (AD/HD). It is further averred that Plaintiff, who has been involved with counsel for Defendant in the past as opposing counsel, dealt with numerous delays in her divorce proceedings relating directly to Defendant's counsel, and does not wish to go through that again. 6. Admitted in part. Denied in part. It is admitted that the office of Carol A. Redding, Esquire has contacted Plaintiff's attorney, Hannah Herman-Snyder, Esquire, who does not concur in the continuance for this matter. It is denied that no reason had been provided for the objection. It is averred that undersigned counsel made it clear that the reason for the non-concurrence is so that every effort can be made to be in Court on the ultimate issue and a decision rendered prior to June of 2008 so that Plaintiff can move as planned. WHEREFORE, Plaintiff requests this Honorable Court maintain the date for conciliation for March 6, 2008 at 9:30 a.m. so this matter can then be scheduled for a hearing. Respectfully Submitted, Hannah Herman-Snyder, Es4 re Attorney for Plaintiff GRIFFIE AND 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 unworn falsifications to authorities. I DATB:,-2::? -oz CAROL D. ROHR CAROL D. ROHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW NO. 2008-610 CIVIL TERM ROBERT F. ROHR, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ?th day of February 2008, cause a copy of Plaintiff's Answer to Motion for Continuance to be served upon Defendant by serving his attorney of record, Carol A. Redding, Esquire, by first-class mail, postage prepaid at the following address: Carol A. Redding, Esquire Redding Law Office 19 North Main Street Chambersburg, PA 17201 DATE: _ )'q Nr?,. I.A b 29&%olb, ___S .114j V! Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ra - ;'4 t r-o fir.. CAROL D. ROHR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT F. ROHR, DEFENDANT 08-610 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2008, upon motion of defendant for a continuance, the custody conciliation conference currently scheduled for March 6, 2008, is cancelled and rescheduled to commence at 11:00 a.m., Thursday, March 27, 2008, before the custody conciliator John Mangan, Esquire. By the Edgar B: INWIey, J. Hannah Herman-Snyder, Esquire ,For Plaintiff Carol A. Redding, Esquire For Defendant :sal 02c> iz r'e s rntzt LscL 343`os ;t 4! 40 0 4 ?i17 o t ??3? FAR 08 2001y" CAROL D. ROHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-610 CIVIL ACTION LAW ROBERT F. ROHR, IN CUSTODY Defendant ORDER OF COURT AND NOW this ?Xy of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Robert F. Rohr, and the Mother, Carol D. Rohr, shall have shared legal custody of Robert S. Rohr, born 5/18/1994 and Ryan D. Rohr, born 2/24/1996. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Children's education and activities as fully as possible. Father is entitled to receive report cards, notices of school pictures, notices of school events, parent-teacher conferences and the like. Mother is directed to take the appropriate steps to ensure that Father is listed as a contact person with the Children's respective schools. 2. Carol D. Rohr is allowed to move with the Children to Oklahoma any time after the school year ends for the Children in June 2008. 3. Until such time as the Mother moves the Children to Oklahoma, Father shall have partial physical custody on the same schedule that the parties have by agreement. Additionally, during the period of time between the date of this Order and when the Children are to move to Oklahoma, if the Mother is in Oklahoma, she shall allow the Father to have physical custody of the Children. 4. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have physical custody two consecutive weeks every summer. Father shall notify Mother by April 1St of the two weeks he intends on exercising physical custody. However, in 2008, Father shall notify Mother by May 1, 2008 of his intended period of time. b. Should Father have the opportunity to travel to Oklahoma, Father shall have physical custody of the Children for the weekend upon twenty days prior notice to Mother. In the event that the twenty day notice not be possible, Mother shall make all reasonable efforts to make the Children available to Father. aC) C. In all even numbered years, for the Christmas school break, Father shall have physical custody of the Children from December 24t` or the day after school lets out (whichever day comes first) until one day prior to school beginning. d. In all odd numbered years, Father shall have the choice of either Easter/spring break from the day after school lets out until the day prior to school beginning or the Thanksgiving break from the day before Thanksgiving day until the day prior to school beginning. Mother is directed to provide to Father a school schedule by January 15 of each year and Father shall choose his desired holiday break by February 1 of each odd year. e. A waiver of exercising any period of physical custody shall not be construed as a waiver of exercising future periods of physical custody. f. Father shall have physical custody of the Children at such other times as the parties may mutually agree. Agreements for additional periods of physical custody shall be evidenced by written agreement, which may include email confirmation. 5. Should Mother accompany the Child(ren) on any of the trips for Father's periods of physical custody, Mother shall be granted access to the Child(ren) during that period of time, via telephone, on a reasonable basis and not for the purpose of exercising periods of custody. 6. In all even years, Father shall be responsible for transportation costs for the summer custodial period with the Children and Mother shall be responsible for the holiday (Christmas) transportation costs. In odd numbered years, Mother shall be responsible for the transportation costs for Father's custodial period in the summer and Father shall be responsible for the holiday (Easter/spring break or Thanksgiving break) transportation costs. 7. Assuming Father is exercising his summer custodial time after the Children move to Oklahoma, beginning for purposes of the 2008 tax year, Mother shall claim Ryan for tax purposes, and the Father shall claim Robert for tax purposes, until such time as Father is no longer responsible for child support in regard to Robert. After Father is no longer responsible for child support in regard to Robert, Father shall no longer claim Robert for tax purposes; however, the parties shall alternate claiming Ryan such that Mother shall claim Ryan in the year after Father is no longer claiming Robert, and Father shall claim Ryan for the year following that. At the time Father is no longer responsible for child support in regard to Ryan, Mother is entitled to claim Ryan for tax purposes, if appropriate. The parties are directed to execute the appropriate IRS forms as necessary to accomplish the purpose of this paragraph. 8. The non-custodial parent shall have reasonable liberal telephone contact and email contact with the Children. Each parent shall provide to the other all email addresses and telephone numbers, including cellular numbers, for each parent and the Children. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event that either Child expresses a displeasure regarding the move to Oklahoma after a reasonable period of time has elapsed after the move, the parents shall discuss with one another what is in the Children's best interest. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 12. The parties are directed to ensure that the Children's internet usage is appropriate and monitored. All reasonable steps are to be taken to accomplish this directive, including installing web site filters on the parents' respective computers. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: ,/Carol A. Redding, Esquire, 19 North Main Street, Memorial Square, Chambersburg, PA 17201 ,/'Hannah Herman-Snyder, Esquire ?John I Mangan, Esquire 06PI,es ly/g108 f Cl- I:,L. l.- cv 1 CJ ) L CAROL D. ROHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-610 CIVIL ACTION LAW ROBERT F. ROHR, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Robert Sergei Rohr 5/18/1994 Mother Ryan Dmitri Rohr 2/24/1996 Mother 2. A Conciliation Conference was held with regard to this matter on March 27, 2008 with the following individuals in attendance: The Mother, Carol D. Rohr, with her counsel Hannah Herman-Snyder, Esq. The Father, Robert F. Rohr, with his counsel, Carol Redding, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ?z ILla ?? Z/ - Date John . , squire Custo y C ciliator r 68-1116 (ft FILED IN THE., OIETRICT COURT OKLAHOMI, COUNTY, OKLA. IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA A U G - 7 2009 CAROL D. ROHR, Petitioner, V. ROBERT F. ROHR, Respondent. PATRICIA PRESLEY, COURT CLERK by DEPUTY Case No: r/c) - 2--0091- 1317L ORDER FOR REGISTRATION AND ENFORCEMENT OF FOREIGN CHILD-CUSTODY AND CHILD SUPPORT DETERMINATION jk NOW on this 7' ' day of , 2009, the above-styled cause of action comes on before me, the undersigned Judge of the District Court, on the Petitioner's motion to register and enforce the child-support determination of the Court of Common Pleas of the 39th Judicial District of Cumberland County, Pennsylvania, Case No: 08-610 In the Matter of the Marriage of Carol D. Rohr, Petitioner and Robert F. Rohr, Respondent, and in the Interest of Robert S. Rohr and Ryan D. Rohr, minor children. Petitioner Carol D. Rohr, appeared in person and by and through her attorney or record, Larry G. Cassil; Respondent, Robert S. Rohr appears not. The Court, upon reviewing the Court file, hearing statements by counsel, and being advised of the premises, Finds: 1. On the P day of April, 2008, the Court of Common Pleas of the 39th Judicial District of Cumberland County, Pennsylvania, with jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act issued a child custody determination granting custody of the minor children, Robert S. Rohr and Ryan D. Rohr to Petitioner, subject to Respondent's right of visitation, and issued a child support determination wherein Respondent was to pay support to Petitioner. There has been no modification of this Order. 2. Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 43 O.S. §551-101, Petitioner is entitled to registration of the order subject to Respondent's right to appear and be heard. 3. Oklahoma is now the home state of the children in that the children have resided in the State of Oklahoma with Petitioner for the past nine (9) months and therefore registry of the foreign judgment should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that Petitioner's Application shall be, and is hereby, sustained and the Court Clerk of Oklahoma County shall enter the certified copy of the Cumberland County, Pennsylvania, Decree of Divorce In the Matter of the Marriage of Carol D. Rohr and Robert F. Rohr and in the interest of Robert CERTIFICATE OF SERVICE This is to certify that on the '/-7 day of , 2009, a true and correct copy of the above document was sent to th ollowing: Robert F. Rohr 11684 Old Mill Road Sheppensburg, PA 17257 Court of Common Pleas of the 39th Judicial District Prothonotary Office Carlisle, PA 17013 S. Rohr and Ryan D. Rohr as an Order enforceable and modifiable within the State of Oklahoma. #gM6N DATED this day of *W, 2009. 4hpl ( ffj f;n' JUDGE OF THE DISTRICT COURT APPROVED AS TO CONTENT AND FOR1taTRICIA PRESLEY, Court Clerk for Oklahoma County, Okla.., hereby certify that the foregoing is a true, correct and complete copy of the instrument herewith sc.'. out as appears of record in the District Court Cle, ;'s Office Lklahor,a County, kla., A G. CASSIL OBA #1556 this_2_ da f- Z4 I RESLEY, Cou Clerk 3315 N.W. 63`d Street 8 Deputy Oklahoma City, OK 73116 Telephone: 405-848-5575 Fax: 405-848-7181 Attorney for Petitioner Carol D. Rohr 8621 N.W. 74th Street Oklahoma City, OK 73132 Robert F. Rohr 11684 Old Mill Road Sheppensburg, PA 17257 rAPR 0 3 2008 D _. CAROL D. ROHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-610 CIVIL ACTION LAW ROBERT F. ROHR, IN CUSTODY Defendant ORDER OF COURT AND NOW this 3?Lday of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Robert F. Rohr, and the Mother, Carol D. Rohr, shall have shdred legal custody of Robert S. Rohr, born 5/18/1994 and Ryan D. Rohr, born 2/24/1996. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Children's education and activities as fully as possible. Father is entitled to receive report cards, notices of school pictures, notices of school events, parent-teacher conferences and the like. Mother is directed to take the appropriate steps to ensure that Father is listed as a contact person with the Children's respective schools. 2. Carol D. Rohr is allowed to move with the Children to Oklahoma any time after the school year ends for the Children in June 2008. 3. Until such time as the Mother moves the Children to Oklahoma, Father shall have partial physical custody on the same schedule that the parties have by agreement. Additionally, during the period of time between the date of this Order and when the Children are to move to Oklahoma, if the Mother is in Oklahoma, she shall allow the Father to have physical custody of the Children. 4. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have physical custody two consecutive weeks every summer. Father shall notify Mother by April 1$` of the two weeks he intends on exercising physical custody. However, in 2008, Father shall notify Mother by May 1, 2008 of his intended period of time. b. Should Father have the opportunity to travel to Oklahoma, Father shall have physical custody of the Children for the weekend upon twenty days prior notice to Mother. In the event that the twenty day notice not be possible, Mother shall make all reasonable efforts to make the Children available to Father. C. In all even numbered years, for the Christmas school break, Father shall have physical custody of the Children from December 24th or the day after school lets out (whichever day comes first) until one day prior to school beginning. d. In all odd numbered years, Father shall have the choice of either Easter/spring break from the day after school lets out until the day prior to school beginning or the Thanksgiving break from the day before Thanksgiving day until the day prior to school beginning. Mother is directed to provide to Father a school schedule by January 15 of each year and Father shall choose his desired holiday break by February 1 of each odd year. e. A waiver of exercising any period of physical custody shall not be construed as a waiver of exercising future periods of physical custody. f. Father shall have physical custody of the Children at such other times as the parties may mutually agree. Agreements for additional periods of physical custody shall be evidenced by written agreement, which may include email confirmation. Should Mother accompany the Child(ren) on any of the trips for Father's periods of physical custody, Mother shall be granted access to the Child(ren) during that period of time, via telephone, on a reasonable basis and not for the purpose of exercising periods of custody. 6. In all even years, Father shall be responsible for transportation costs for the summer custodial period with the Children and Mother shall be responsible for the holiday (Christmas) transportation costs. In odd numbered years, Mother shall be responsible for the transportation costs for Father's custodial period in the summer and Father shall be responsible for the holiday (Easter/spring break or Thanksgiving break) transportation costs. 7. Assuming Father is exercising his summer custodial time after the Children move to Oklahoma, beginning for purposes of the 2008 tax year, Mother shall claim Ryan for tax purposes, and the Father shall claim Robert for tax purposes, until such time as Father is no longer responsible for child support in regard to Robert. After Father is no longer responsible for child support in regard to Robert, Father shall no longer claim Robert for tax purposes; however, the parties shall alternate claiming Ryan such that Mother shall claim Ryan in the year after Father is no longer claiming Robert, and Father shall claim Ryan for the year following that. At the time Father is no longer responsible for child support in regard to Ryan, Mother is entitled to claim Ryan for tax purposes, if appropriate. The parties are directed to execute the appropriate IRS forms as necessary to accomplish the purpose of this paragraph. 8. The non-custodial parent shall have reasonable liberal telephone contact and email contact with the Children. Each parent shall provide to the other all email addresses and telephone numbers, including cellular numbers, for each parent and the Children. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event that either Child expresses a displeasure regarding the move to Oklahoma after a reasonable period of time has elapsed after the move, the parents shall discuss with one another what is in the Children's best interest. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 12. The parties are directed to ensure that the Children's internet usage is appropriate and monitored. All reasonable steps are to be taken to accomplish this directive, including installing web site filters on the parents' respective computers. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, /Waam-jk ,5?r 4j. Distribution: Carol A. Redding, Esquire, 19 North Main Street, Memorial Square, Chambersburg, PA 17201 Hannah Herman-Snyder, Esquire John J. Mangan, Esquire CDP le Pa '10 V I ::-i;1 Co N& L` Ga CAROL D. ROHR, Plaintiff V. ROBERT F. ROHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-610 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Robert Sergei Rohr 5/18/1994 Mother Ryan Dmitri Rohr 2/24/1996 Mother 2. A Conciliation Conference was held with regard to this matter on March 27, 2008 with the following individuals in attendance: The Mother, Carol D. Rohr, with her counsel Hannah Herman-Snyder, Esq. The Father, Robert F. Rohr, with his counsel, Carol Redding, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ?-? "/ ____ Date ' John , squire Custogiy Copciliator RM-OFFCF O THE PROTHONOTARY 1009 AUG 18 AM 10= 2 3 CllM .' r i. ; L;NTY REEN SYLVAuNiA