HomeMy WebLinkAbout94-02642
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PROPERTY SETTLEMENT
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AND AGREEMENT OF SEPARATION
BETWEEN
CURTIS L. GRANT AND ROSE A. GRANT
This Property Settlement and Agreement of Separation and .
custody executed and embodied in written form, this 4~ day of
~ , 19li, by and between CURTIS L. GRAN'l',
hereinafter referred to as "Husband" and ROSE A. GRAN'l',
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, the parties hereto were married in Carlisle,
Pennsylvania on April 22, 1989 and as a result of their ~arriage
one child was born: COREY LEE GRANT, hereinafter referred to as
"Child."
WHEREAS, in consequence of disputes and differences which
have arisen between the parties hereto, the said parties
voluntarily and mutually agree to live separate and apart as of
the date of this Agreement.
WHEREAS, without waiving any ground for divorce, which either
of them may now or hereafter have against the other, the parties
deem it in their best interest to enter into this Agreement to
formalize said separation, to settle their respective property
rights, and all other matters growing out of their marital
relation.
WHEREAS, both parties understand the facts and have been
fully informed concerning their respective rights and liabilities
including their right to seek independent legal counsel, and they
fully understand the terms, conditions, and provisions of this
Agreement and they believe'it to be fair, .just, adequ~te, and
reasonable to each of them. ' .
NOW THEREFORE, in consideration of the premises, the division
of property and property rights, and the parties mutual
covenants, they do hereby covenant and agree with each other and
their respective heirs, personal representatives and assigns, as
follows:
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(1) The parties have agreed to mutually and voluntarily live
separate and apart in separate places of abode without any
COhabitation. Neither of the parties shall interfere with or
molest the other, nor endeavor in any way to exercise any marital
control or right over the other or to have any marital relations
Page 1 of 6 Pages
EXHIBIT "A"
. PLAINTIFF'S
I EXHIBIT
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with the other .or to exert or demand any right to reside in the
home of the other. Each party shall be free to go his or her own
respective way as fully and to the same extent as if they were
never joined in matrimony.
(2) Nothing contained in this Agreement shall be construed
as a waiver by either of the parties of any ground for divorce
which either of them may now or hereafter have against the other,
the same being hereby expressly reserved. Moreover, each of the
parties hereby expressly reserves to assert as a ground for
divorce any cause or ground which either of them may now or
hereafter have against the other. However, both parties agree
not to assert as a ground for divorce any cause of action based
on the exercise of the rights established in this Agreement,
including but not limited to (1) above.
(3) Husband shall pay to Wife the sum of $150.00 per month
as spousal support for 'two and one-half years from the"date of
this Agreement.
(4) Husband and Wife shall have joint legal custody of
Child. Husband shall be the primary custodial parent. Wife
shall have a minimum of 90 days custody per year at her option.
Wife will give Husband 48 hours notice of her intent to exercise
her custody rights. Wife shall be required to pay no support for
Child.
(5) Except as otherwise provided herein, each of the parties
hereto for himself or herself and his or her respective heirs,
personal representatives and assigns, grants, remises and
releases to the other, any and all rights or interest which he
now has or may hereafter acquire in the real, personal or other
property of the other. Each of the parties agrees to execute and
deliver any and all deeds, releases, quit claims, or other
instruments as from time to time may be necessary or convenient
to enable the other party to deal with his property as if he were
unmarried. Except as otherwise provided in this Agreement, each
,of the parties releases all claims ,and demands Of any .k~nd or . .
nature against the other party, including all interests incident
to the marital relationship now or at any time hereafter existing
or occurring in the property or estate of the other party, or in
marital property, either statutory or arising at common law,
specifically including all claims, demands and interests arising
under the Marital Property Act, Md. Family Law Code Ann. Sections
8-201 through 8-213, as from time to time amended and
specifically including any right to act as the other's personal
representative. It is the intention of each and both parties
that during their respective lifetimes they may deal with their
separate estates as if they were unmarried and that upon the
death of either, the property, both real and personal, then owned
by him shall pass by his Will or under the laws of descent as the
Page 2 of 6 Pages
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case might be, free from any right of inheritance, title or claim
in the other party as if the parties at such time were unmarried.
(6) Each party shall be equally responsible for debts
contracted in both names up to the date of this Agreement.
otherwise, each party shall assume all responsibility for debts
contracted by himself or herself up to the date of this
Agreement, and each shall hold and save the other harmless from
any and all liability therefore. From and after the date of this
Agreement, Husband and Wife covenant and agree that they will' not
pledge or attempt to pledge the credit of the other, nor will
they contract or attempt to contract any debts or obligations in
the name, or on behalf of each other, and as to any debts or
obligations incurred or contracted by them from and after the
date of this Agreement, each will be responsible for his or her
own debts or liabilities, and shall hold and save the other
harmless, and indemnify the other, from any such debts or
obligations.
(7) Husband shall have legal title to.his personal property
and all household goods and furnishings, except that Wife's
mother, Rosella Walton, shall have the right of first refusal (to .
be given in writing) to take Child's bedroom furniture if Husband
is ever to dispose of it in any way. Wife shall have legal title
to her personal property. Husband shall have legal title to 1993
Toyota Pick-up Truck and shall be fully responsible for payments
and insurance on said vehicle. However, Wife shall have sole use
of said vehicle until Husband has a permanent change of station
(PCS) from Fort Ritchie, Maryland.
(8) Except as otherwise stated in this Agreement, the
parties have already divided their personal property: The
parties agree that all tangible personal property and household
chattels presently located at Wife's residence shall be and
remain the sole and exclusive property of Wife, free and clear of
any interest of Husband, and all tangible personal property and
household chattels presently located at Husband's residence shall
be and remain the sole and exclusive property of Husband, free
and clear of, any. interest of Wife. Each party shall retain, "as
his or her sole and separate property, any automobiles, stocks,
bonds, or other securities, savings or checking accounts,
certificates of deposit, money market funds, pensions, profit-
sharing plans, individual retirement accounts, deferred
compensation of any kind, and any other assets of any kind of
nature of his or her own name, free and clear of any interest of
the other.
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(9) It is further mutually agreed by and between the parties
that consistent with existing regulations of the United states
Army, Husband hereby specifically agrees to cooperate fully in
furnishing any and all assistance in obtaining and maintaining
all benefits due to Wife and minor child, by reason of
Page 3 of 6 Pages
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their status as military dependents. Husband further
specifically agrees to take whatever action is necessary to
obtain any and all service connccted benefits for wife and minor
child, including, but not limited to, post exchange benefits,
commissary benefits, education benefits, medical treatment
benefits or any other benefits Wifc and minor child are able to
derive by reason of military dependcnt status, consistent with
the regulations of the United states Army.
(10) The parties hereto do waive all rights of curtesy,
dower, statutory third, halves, or legal shares, any right to
participate in any way in the enjoyment or distribution of the
other's estate (unless provision is otherwise made by
testamentary disposition), and any right to administer the estate
of the other.
(11) Each of the parties shall pay his or her own counsel
fees incurred in conneqtion with their separation and divorce.
Each party hereby releases the other from any further obligations
to pay any other or further counsel fees for each other or on
each other's behalf in connection with any matter, except for the
costs of the enforcement of the terms of this Agreement in the
event of the party's non-compliance, in which case the non-
complying party shall be responsible for all reasonable expenses
incurred in enforcement. If a divorce proceeding is brought by
either party against the other, the parties shall divide all
court costs thereof, including any Master's fee, equally between
them.
(12) With the approval of any court of competent
jurisdiction in which any divorce proceeding may hereafter be
instituted, this Agreement shall be incorporated into any decree
of divorce which may be issued by said court.
(13) Should any provision of this Agreement be found, held,
or deemed to be unenforceable, voidable or void, as contrary to
law or public policy under the laws of Maryland or any other
state of the United States, the parties intend that the remaining "
'provision of this Agreement shall nevertheless continue in full'
force and be binding upon the parties, their heirs, personal
representative, executors, and assigns. .
(14) The parties hereto declare that they fully understand
all the terms and provisions of this Agreement; and each has been
advised of his or her respective legal rights and liabilities;
and that each signs this Agreement fUlly and voluntarilf, and
intending thereby that this Agreement shall benefit and be
binding upon the parties hereto, their respective personal
representatives, heirs, legatees, devisees, distributees, and
assigns and all persons claiming by or to them or any of them.
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(15) This Agreement contains the entire understanding
between the parties. No modification or waiver of any of the
terms of this Agreement shall be valid unless made in writing,
and signed by the parties.
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(16) No provision of this Agreement shall be interpreted for
or against any party hereto by reason that said party or his or
her legal representative drafted all or any part hereof.
(17) As to these covenants and promises, the parties hereto
severally bind themselves, their heirs, personal representatives
and assigns. "
(18) The parties hereto agree that this Agreement will be
construed under the laws of the state of Maryland.
(?~j1~
CURTIS L. GRANT
J
STATE OF MARYLAND )
( SS
COUNTY OF~~)
I hereby certify that on this (~ day of OSC!.lsI'-\6l!.(/.. ,
19~, before me, the Subscriber, a Notary PUblic, duly
commIssioned and qualified in and for the state and County
aforesaid, personally appeared CURTIS L. GRANT, and acknowledged
the aforegoing Agreement to be his own act and deed and that the
facts set forth therein as to the voluntary separation of the
parties are true and correct.
Witness my hand and Seal Notarial.
~~" LON'~~l~iaL
My Commission expires: \ ~C'<'\'r.:uu....'o \~\a
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;-DEFENDANT'S
f EXH~BIT
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JESSE E. WALTON, and
ROSELLA WALTON,
Petitlonen
: IN THE COURT OF COMMON PLEAS OF
v.
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: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACfION - LAW
No. 94 - ,Ai4 'IJ. CIVIL TERM
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CURTIS L. GRANT,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW t this ----11:I.h. day of ----1'-1} 1 . 1994, upon consideration of the
BttBChed petition, it is hereby directed that the parties d their respective counsel appear before
Hubert X, Gilroy, ESquir~he conciliator, on the 4th Floor, Cumberland County Courthouse, on
the I :}r dBY of '" 1.., , 1994, at f$'3?II.. M, for a Pre-Hearing Custody
Conference, At such conferenc~, 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 Bt the conference.
Failure to appear at this conference may provide grounds for entry of a temporary or pennanent
order.
Byth~ 1::; - _
By: ~. :J4- C~,
Custody Conciliator ~ ~I
YOU SHOULD TAKE TmS 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
Carlisle. PA 17013
(717) 240-6200
JESSE E. WALTON, and
ROSELLA WALTON,
Petitionen
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACflON - LAW
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No. 94
CIVIL TERM
CURTIS L. GRANT,
Respondent
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IN CUSTODY
PETITION FOR CUSTODY
AND NOW, come the Petitioners, Jesse E. Walton and Rosella Walton, his wife, by and
through their attorneys, Irwin, Irwin & McKnight, and present the following Petition for Custody:
1.
The Petitioners are Jesse E, Walton and Rosella Walton, husband and wife, adult
individuals residing at 14 Shirley Lane, Boiling Springs, Cumberland County, PeMsylvania 17007.
2.
The Respondent is Curtis L. Grant, an adult individual whose lBst known address was
458-1 West Reckard Avenue, Fort Ritchie, MBryland 21719.
3.
The Respondent and Rose Ann Grant were married on April 22, 1989, and on April 29,
1989, Rose Ann Grant gave birth to Corey Lee Grant. Rose Ann Grant is the daughter of the
Petitioners.
4,
For the past five (5) years, the minor child has resided at the following addresses and with
the following individuals:
LocBtion
Residents
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14 Shirley Lane
Boiling Springs, PA
Petitioners
July '93 - Present
458-1 West Reckord Ave,
Forth Ritchie, MD
Respondent and Mother
9/91-7/93
14 Shirley Lane
Boiling Springs, PA
Petitioners
6/90-9191
P.O, Box 9
Kealia, KBUai, HI
Respondent and Mother
1/90.6/90
701 East Stanwix Circle
Carlisle, PA
Respondent and Mother
4/89-1190
5.
The Respondent has recently left the United States Anny, and intends to move to HBWaii
and take the minor child with him,
6.
Because the child has resided with the Petitioners for the last 10 months, and the
Petitioners have provided a stable environment for the minor child, Petitioners desire primary
physical custody of said minor child, and feel this is within the child's best interest.
7.
The petitioners have acted in loco parentis for approximately 10 months, and desire to
maintain the status quo of the child's situation,
8.
The natural mother, Rose Ann Grant, desires that the Petitioners be granted custody of
said minor child, as indicated in the Petition for Special Relief, and as indicated in the Bttached
Appointment of Guardian signed August 30, 1993.
9.
WHEREFORE, Petitioners, Jesse E. Walton and Rosella Walton, respectfully requests
that they be awarded primary physical custody and primary legal custody of the children as
provided herein.
Respectfully submitted,
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court LD. No. 25476
Date: May 17, 1994
SPECIAL POWER OF ATTORNEY and VOLUNTARY APPOINTMENT OF GUARDIAN
KNOW ALL PERSONS BY THESE PRESENTS:
That I, ROSE A. GRANT, Social Security Number lBO-56-9503, of the
state of Pennsylvania, Spouse of a member of the United States Armed
Forces, currently in Carlisle, pennsylvania pursuant to my Spouse's
Military Orders, do hereby appoint ROSELLA WALTON, presently of l4
Shirley Lane, Boiling Springs, Pennsylvania l7007, as my true and lawful
attorney-in-fact and as Guardian of my Child to do the following acts or
things in my name and in my behalf:
To take and maintain custody of my child, COREY LEE GRANT; to do all acts
necessary or desirable for maintaining his health, education, and
welfare, including the r~gistration and enrollment of my child in
educational programs and schools; and to maintain his customary living
standards, including, but not limited to, provision of living quarters,
food, clothing, medical, surgical and dental care, entertainment and
other customary matters~ and, specifically, to approve and authorize any
and all medical treatment deemed necessary by a duly licensed physician
and to execute any consent, release or waiver of liability required by
medical or dental authorities incident to the provision of medical,
surgical or dental care to him by qualified medical personnel~ to act in
loco parentis to my child, COREY LEE GRANT.
Giving and granting individually unto my said attorney full power and
authority to do and perform all and any act, deed, matter and thing
whatsoever in and about any of the aforementioned specified particulars
as fully and effectually to all intents and purposes as I might and could
do in my own person if personally present~ and in addition thereto, I do
hereby ratify and confirm each of the acts of my aforesaid attorneys
lawfully done pursuant to the authority herein above conferred.
I HEREBY GIVE AND GRANT UNTO HY ATTORNEY FULL POWER AND AUTHORITY TO DO
AND PERFORM EACH AND EVERY ACT AND MATTER CONCERNING THE SUBJECT OF THIS
DOCUMENT AS FULLY AND EFFECTUALLY TO ALL INTENTS AND PURPOSES AS I COULD
DO LEGALLY IF I WERE PRESENT.
I HEREBY AUTHORIZE HY ATTORNEY TO INDEMNIFY AND HOLD HARMLESS ANY THIRD
PARTY WHO ACCEPTS AND ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF
ATTORNEY.
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. I intend for this to be a DURABLE Power of Attorney. This Power of
Attorney will continue to be effective if I become disabled,
incapacitated, or incompetent.
I direct my attorney-in-fact to seek legal counsel in order to
determine the existence of legal requirements, such as required filing or
placement of notices, which may affect the validity of this document.
I
ROSE ANN GRANT, JESSE E
WALTON, and ROSEllA WALTON,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACl'JON - LA W
NO. 94- 2.','"\ 2. CIVIL TERM
IN CUSTODY
v.
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CURTIS L. GRANT,
Defendant
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ORDER
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AND NOW, this I <i day of
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, 1994, upon presentation of the
attached Petition for Special Relief, it is hereby ORDERED that the Defendant, Curtis L. Grant,
shall be enjoined from removing Corey Lee Grant from Cumberland County, PeMsylvania, and
shall maintain the status quo living arrangements for said minor child until a hearing on this
Petition for Special Relief is completed. Said hearing shall take place on the..7nd day of Mey;- ~
1994 in Courtroom No,.~ ,at ft~. in the Cumberland County Courthouse, Carlisle,
PeMsylvaniB. Service of this Order shall be made on the Defendant according to Rule 402 of the
Pennsylvania Rules of Court.
BY THE COURT,
J.
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ROSE ANN GRANT, JESSE E
WALTON, and ROSELLA WALTON,
Plaintiffs
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION - LA W
NO. 94- CIVIL TERM
IN CUSTODY
.
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CURTIS 1- GRANT,
Defendant
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PETITION FOR SPECIAL RELIEF
AND NOW, come the Plaintiffs, Rose Ann Grant, Jesse E. Walton, and Rosella Walton,
by and through their attorneys, Irwin, Irwin & McKnight, and files this Petition for Special Relief
making the following statement:
1.
The Plaintiff, Rose Ann Grant, is an adult individual residing at 21328 Leiters Street,
Hagerstown, Maryland 21742. She is the daughter of the Plaintiffs Jesse E. Walton and Rosella
Walton, adult individuals residing at 14 Shirley Lane, Boiling Springs, Cumberland County,
Pennsylvania 17007,
2.
The Defendant is Curtis L. Grant, an adult individual residing Bt 458-1 West Reckord
Avenue, Fort Ritchie, Maryland 21719,
3.
Plaintiff, Rose Ann Grant, and the Defendant were married on April 22, 1989. A child
was born to Plaintiff Rose Ann Grant on April 29, 1989. The child's name is Corey Lee Grant.
4,
Within the last five years, the child has resided at the following addresses:
Location
Residents
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14 Shirley Lane
Boiling Springs, PA 17007
Jesse and Rosella Walton
7/93 - present
458-1 West Reckord Ave
Fort Ritchie, MD 21719
Rose and Curtis Grant
9/91-7/93
14 Shirley Lane
Boiling Springs, PA 17007
Jesse and Rosella Walton
6/90-9/91
P.O. Box 9
Kealia, Kauai, m 96751
Rose and Curtis Grant
1190-6190
701 East Stanwix Circle
Carlisle, PA l70l3
Rose and Curtis Grant
4/89-1190
5.
On or about March 4, 1994, the Plaintiff Rose Ann Grant and the Defendant entered into a
separation agreement with the intention of separating. The minor child at this time had been
residing with the maternal grandparents since July 4, 1993.
6.
Within the separation agreement. the Plaintiff Rose Ann Grant and the Defendant entered
into an agreement of custody whereby the Defendant would have primary physical custody of the
WHEREFORE, the Plaintiffs request that this Honorable Court enter an Order
maintaining the status quo of the minor child's current living arrangements until a subsequent
agreement or Order of Court is entered,
Respectfully submitted,
IRWIN, IRWIN & McKNIGHT
Date: May 13, 1994
VERlFICATIQN
The foregoing Petition is based upon infonnation which has been gathered by my counsel
and myself in the preparation of this action, The language of the Petition may in part be the
language of my counsel and not my own, I have read the statements made in this Petition and to
the extent that it is based upon infonnation which I have given to my counsel, it is true and
correct to the best of my knowledge, infonnation and belief. To the extent that the contents of
the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C,SA Section
4904, relating to unsworn falsification to authorities,
,.(oA-( ;l. acuJti-
ROSE A. GRANT
~ cf!J uJtI~~
f JESSE E. WALTON
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JESSE E. TON for
ROSELLA WALTON
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Date: May 13, 1994
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IRWIN, IHWIN & ~rcI{NIGHT
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ROSE ANN GRANT, JESSE E.
WALTON, and ROSELLA WALTON,
plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
94-2642 CIVIL TERM
v.
CURTIS L. GRANT,
Defendant
.
.
.
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IN CUSTODY
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 2nd day of June, 1994, upon
consideration of the petition for special relief filed on behalf
of Rose Ann Grant, Jesse E. Walton and Rosella Walton, with
respect to the child, cory Lee Grant (born April 29, 1989), and
upon agreement of the parties reached in open court, it is
ordered and directed as follows: Pending further order of
court, primary custody of the said child shall be in the child's
maternal grantparents, Jesse E. Walton and Rosella Walton of
Boiling springs, cumberland County, Pennsylvania, and temporary
physical custody of the child shall be in the child's father,
Curtis L. Grant from June 4, 1994, until on or before Thursday,
June 30, 1994, at which time the child shall be returned to his
grandparents' home in Boiling springs.
It is noted that a custody conciliation
conference is scheduled in this matter before Hubert X. Gilroy,
Esquire for July 1, 1994, and it is hoped that a permanent
custody arrangment can be reached by agreement of the parties at
that time.
By the court,
JUN 13 2 3G f'H '9~
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Marcus A. McKnight, III, Esquire
Counsel for the plaintiffs
curtis L. Grant, Pro Se
Defendant
William C. Vohs, Esquire
[Contacted by Defendant
following hearing]
lt
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ROSE ANN GRANT, JESSE E. : IN THE COURT OF COMMON PLEAS OF
WALTON, and ROSELLA WALTON, :
Petitioners : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
No. 94 D?V{ol CIVIL TERM
CURTIS L. GRANT,
Respondent
IN CUSTODY
ORDER m: COURT
AND NOW, this _10th. day of Tv..r'Ir .1994, upon consideration of the
attached petition, it is hereby directed thBt the parties and their respective counsel appear before
Hubert X. Qilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on
the ~;:)rfijay of ,Tl.-\ 1'1 ,1994, at 1f!!!JJ: M. for a Pre-Hearing Custody
Conference. At such conference, 1m effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to deline Bnd narrow the issues to be heard by the Court and to enter
into a temporary order. All children age live or older may also be present Bt the conference,
Failure to appear at this conference may provide grounds for entry of a temporary or pennanent
order.
By the Court. ~.l: ~ _
By:~~:::t . t~6lt,
us dy Conciliator ~pJ /
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
Carlisle, PA 17013
(717) 240-6200
JUN I] 10 1)9 -IIi '91/
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3.
The Respondent and Rose A.m Grant were married on April 22, 1989, and on April 29,
1989, Rose Ann Grant gave birth to Corey Lee Grant. Rose Ann Grant is the daughter of the
Petitioners.
4.
For the past five (5) years, the minor child has resided at the following addresses and with
the following individuals:
Location
Residents
~
14 Shirley Lane
Boiling Springs, PA
Petitioners
July '93 - Present
458-1 West Reckord Ave.
Forth Ritchie, MD
Respondent and Mother
9/91-7/93
14 Shirley Lane
Boiling Springs, PA
Petitioners
6/90-9/91
P.O. Box 9
Kealia. Kauai, HI
Respondent and Mother
1/90-6/90
701 East Stanwix Circle
Carlisle, P A
Respondent and Mother
4/89-1/90
5.
The Respondent has recently left the United States Army, and intends to move to Hawaii
and take the minor child with him.
6.
Because the child has resided with the GrandparentslPetitioners for the last 10 months,
and the GrandparentslPetitioners have provided a stable environment for the minor child,
Petitioners desire primary physical custody of said minor child, and feel this is within the child's
best interest.
7.
The GrandparentslPetitioners have acted in loco parentis for approximately 10 months,
and desire to maintain the status quo of the child's situation.
8.
The Petitioners desire to be granted custody of said minor child, as indicated in the
Petition for Special Relief, and as indicated in the attached Appointment of Guardian signed
August 30, 1993.
9.
WHEREFORE, Petitioners, Rose Ann Grant, Jesse E. Walton and Rosella Walton,
respectfully requests that they be awarded primary physical custody and primary legal custody of
the children as provided herein.
Respectfully submitted,
IRWIN, IRWIN & McKNIGHT
By:
, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court 1.0. No. 25476
Date: June 3, 1994
. .
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and myself in the preparation of this action. The language of the Petition may in part be the
language of my counsel and not my own. I have read the statements made in this Petition and to
the extent that it is based upon information which I have given to my counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that the contents of
the statements are that of counsel, I have relied upon counsel in making this verification. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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ROSE A. GRANT
~""a-~ Mk~
fII JESSE E. WALTON
~ c!/J d6/$;;v L R~ tt/~
JESSEE. W4J.,TONfor
ROSEllA WALTON
Date: May 13, 1994
.,.
ROSE ANN GRANT, JESSE E.
WALTON, and ROSELLA WALTON,
Plaintiffs
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
I
I
CIVIL ACTION - LAW
.
.
CURTIS L. GRANT,
Defendant
I
I
94-2642 CIVIL TERM
ORDER OF COURT
AND NOW, this 2't/~ day of June, 1994, upon consideration of
the attached letter from William C. Vohs, Esq., the stenographer is
DIRECTED to prepare and file the notes of testimony from the
hearing held on June 2, 1994.
Counsel is directed to make
arrangements directly with the stenographer regarding payment of
the transcript.
BY THE COURT,
William C. Vohs, Esq.
26 W. High Street
. J. ;;/Carlisle, PA 17013
I) ~~Marcus A. McKnight, III, Esq.
,~~~r~_60 W: Pomfret Street
11 u~~ Car11s1e, PA 17013 . ./ ~
r ()(,,^,\-~\11PJ
Lorraine K. Troutman, tf1-Il<l'~
Stenographer C
:rc
. -
John E. Sllke
Robert C. Soidls
Edword E. Guido
Geollrey S. Shuff
Alhcrt H. Moslond
Johnna J. Deily
l1molhy M. Anstine
William C. Vohs
Law Offices
SAIDIS, GUIDO, SHUFF & MAS LAND
A PROFESSIONAL CORPORATION
26 West High Street. Post Office Box 560
Carlisle, Pennsylvania 17013
Telephone: (717) 243-6222 . Facsimile: (717) 243-6486
West Shore OIDce:
2109 Markel SIrCCI
Camp Hill. PA 17011
Telephone: (717) 737.3405
Facsimile: (717) 737.3407
Reply To CarUsle
June 23, 1994
HAND DELIVERED
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Grant et al v. Grant
No. 94-2642 Civil Term
Your Honor:
Please accept this letter as a request for the transcript of the
proceedings held in this matter on June 2, 1994. As you will
recall, the Defendant resides in the State of Hawaii which has
logistically caused problems preparing for the upcoming
conciliation conference and custody hearing.
Thank you very much for your consideration of this request.
Very truly yours,
S
& MASLAND
WCV/tam
cc: Marcus A. McKnight, III, Esquire
Curtis L. Grant
JUN 23 1994
WILLIAM C. VOHS, ESQUIRE
[Contacted by Defendant
following hearing]
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ROSE ANN GRANT, JESSE E. . IN THE COURT OF COMMON PLEAS OF
.
WALTON, and ROSELLA WALTON, . CUMBERLAND COUNTY, PENNSYLVANIA
.
plaintiffs :
.
. 94-2642 CIVIL TERM
V. :
.
.
CURTIS L. GRANT, .
.
Defendant . IN CUSTODY
.
Proceedings were held before the
HONORABLE J. WESLEY OLER, JR., J.,
cumberland County Courthouse, carlisle, Pennsylvania,
in Courtroom No. Four,
on June 2, 1994.
APPEARANCES:
MARCUS A. MCKNIGHT, III, ESQUIRE
Counsel for the Plaintiffs
CURTIS L. GRANT, Pro Se
Defendant
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I N 0 E X
WITNESSES
PAGE
PLAINTIFF I
ROSE ANN GRANT
Direct Examination by Mr. McKnight
3
ROSELLA WALTON
Direct Examination by Mr. McKnight
18
JESSE E. WALTON
Direct Examination by Mr. McKnight
24
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1 June 2, 1994
2 Carlisle, Pennsylvania
3
4 (Whereupon, the following proceedings were
5 held.)
6 THE COURT: I'm sorry we're starting so late.
7 There was another hearing.
8 MR. McKNIGHT: That's all right.
9 THE COURT: Mr. McKnight, this is the case of
10 Rose Ann Grant, Jesse E. Walton and Rosella Walton versus
11 Curtis L. Grant. It's a custody action. And I'll let the
12 record indicate that the Plaintiffs are present in Court
13 with their counsel, Marcus McKnight, Esquire, and the
14 Defendant is present without counsel.
15 MR. McKNIGHT: We're ready to proceed,
16 Your Honor.
17 THE COURT: All right.
18 MR. McKNIGHT: I would call as our first
19 witness Rose Ann Grant.
20 Whereupon,
21 ROSE ANN GRANT,
22 having been duly sworn, testified as follows:
23 DIRECT EXAMINATION
24 BY MR. McKNIGHT:
25 Q Would you state your full name for the
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1 record, please?
2 A Rose Ann Grant.
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8 hearing for special relief. Am I right?
9 MR. McKNIGHT: That's right. Which is
10 basically requesting a temporary decision on a custody.
11 THE COURT: okay. All right. Thank you
12 BY MR. McKNIGHT:
13 Q Are you married?
14 A Yes. currently separated, though.
15 Q To whom are you married?
16 A curtis Lee Grant.
17 Q And when were you married to curtis Lee
18 Grant?
19 A We got married April 22nd, 1994.
20 THE COURT: 1994?
21 THE WITNESS: I'm sorry. 19--
22 THE COURT: You'll have to lean forward and
23 speak into the microphone.
24 BY MR. McKNIGHT:
25 Q April 22nd, 1989, you were married?
Q And how old are you?
A I'm twenty-four.
Q And your date of birth?
A 1/25/70.
THE COURT: Just for the record, this is a
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A
Q
have a child?
A
Q
A
Q
A
Q
A
Q
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Right.
Now, as a result of your marriage, do you
Yes, we do.
And the name of your child?
corey Lee Grant.
And when was corey Lee born?
April 29th, 1989.
So you were married just before he was born?
One week.
And the natural father, is he the Defendant,
curtis Lee Grant?
A No, he is not.
THE COURT: I'm confused. You say the
natural father is not curtis Lee Grant.
THE WITNESS: No, he is not.
THE COURT: Don't we have some estoppel
problems with that?
MR. McKNIGHT: We do have some difficulty
with that statement. Has the natural -- do you know who the
natural father is?
THE WITNESS:
MR. McKNIGHT:
THE WITNESS:
MR. McKNIGHT:
Yes, I do.
Who is the natural father?
Timothy Mahoney
And where is Timothy Mahoney?
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1 Do you know?
2 THE WITNESS I In Carlisle, here.
3 THE COURT: Whose name is on the birth
4 certificate?
5 THE WITNESS: curtis's.
6 THE COURT: I think we need to take a recess.
7 Mr. Grant, you don't have counsel; is that right?
8 MR. GRANT: I have no idea what this custody
9 is about, Your Honor. The way I understood this paper is
10 that it's just an injunction so I couldn't take corey with
11 me to Hawaii. That's what I thought.
12 THE COURT: Are you -- do you have a position
13 on that? In other words, this request for special relief is
14 simply to preserve the status quo until the custody
15 conciliation conference, which I gather is scheduled for
16 July first. Do you have any problem with an order that
17 would preserve the status quo up until then?
18 MR. GRANT: I don't understand what you mean,
19 Your Honor.
20 THE COURT: In other words, would you object
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25
to the Court entering an order up until July first stating
the child wouldn't be taken out of Pennsylvania?
THE DEFENDANT: Yes, I would.
THE COURT: You would have a problem with
that. It seems to me that you ought to get counsel because
6
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1 I don't know whether the plaintiff is permitted to deny your
2 paternity at this point. There are a number of legal issues
3 that have arisen within the first minute of testimony.
4 Mr. McKnight, have you done any research on that?
5 MR. McKNIGHT: Well, we are prepared,
6 Your Honor, to say that the father, curtis Lee Grant, was
7 placed on the birth certificate even though the parties know
8 that he was not the natural father. The natural father has
9 not asserted any custodial rights in this case, didn't pay
10 support, and has never visited the child.
11 And we're prepared, for purposes of this
12 hearing, to treat curtis Lee Grant as if he were the natural
13 father. He's acted in that capacity. So we're not trying
14 to defeat his rights based upon the fact that he is not the
15 father, it's just that she accurately answered the questions
16 which raise these issues; but we're not trying to defeat any
17 claims of the Defendant based on the Defendant not being the
18 natural father. We're treating it for the purposes of this
19 hearing, as if he was. Because quite frankly
20 THE COURT: You may go ahead.
21 BY MR. McKNIGHT:
22 Q Okay. Now, just so that on the record you
23 can restate what I have just stated. Corey, does he look to
24 the Defendant, curtis Lee Grant, as his father?
25 A Yes, he does.
7
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1 Q Does he know anyone else as his father?
2 A No, he don't.
3 Q For purposes of this hearing, are we treating
4 curtis Lee Grant as if he were the father?
5 A Yeah.
6 Q So that you're not trying in any way, shape
7 or form trying to defeat any claim that Mr. Grant would have
8 parental rights based on the fact that he is not exactly the
9 natural father.
10 A Correct.
11 Q Now, you were married back on April 22nd,
12 1989, and Corey was born a week later. At that time what was
13 your husband doing? What was he doing by way of occupation
14 A He was in the United states Army.
15 THE COURT: I'm sorry. I can't hear you.
16 You will have to be about an inch from that microphone.
17 Thank you.
18 BY MR. McKNIGHT:
19 Q He was in the United States Army.
20 A Yes, sir.
21 Q And has he remained in the united states
22 Army?
23 A I believe he has gotten out of the military
24 since. I really don't know his status right now.
25 Q Has he been in the army, as far as you know,
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up until the last month or so?
A Yes.
Q Now, from the time that you were married,
could you give us a brief history on where Corey has
resided?
A Mainly, corey and I have resided with my
parents.
Q
Now, when you were first married, where were
you stationed?
A
Q
Carlisle Barracks.
And is that where, in effect, you met the
Defendant?
A Yes.
Q okay. So you were stationed at Carlisle
Barracks, and so your parents had a lot of contact with
Corey from birth.
A Yes, they were his primary caregivers even
when I worked.
Q okay. Now, for the record, your parents are
who?
A Jesse E. Walton and Rosella Walton.
Q Okay. Now, at what particular time did your
husband receive a transfer from Carlisle Barracks? Do you
remember when it was approximately?
A January of 1990.
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A Several times he'd come up and stayed with my
parents while I had worked and stuff. He did go to Maryland
for a while down there, but he moved back up July of 1993.
Q Okay. The end of July?
A I'd say closer to the beginning of July.
Q okay, of 1993. And has he resided with your
parents ever since?
A Yes.
Q Okay. So over -- and your son is how old
now?
A He is five years old.
Q Of the five years that he's lived, how long
has he spent with your parents in Boiling springs?
A I think three and a half to four years.
Q Okay. So he's very familiar with living with
your parents; is that correct?
A Yes.
a Where do you reside at the moment?
A I live in Hagerstown, Maryland.
a Okay. And what do you do for a living down
there?
A I'm a church secretary.
a And for which church?
A Washington square united Methodist Church.
a And do you work full-time or part time?
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1 A I'm part time right now.
2 Q Now, what are your plans in terms of the
3 future? What do you hope to do?
4 A I'd like to get a full-time job, move back
5 home, and be back with my family for support and help, and
6 go on with my life.
7 Q Okay. Now, when did you separate from the
8 Defendant, your husband?
9 A When did I move out?
10 Q Yeah.
11 A May 1st of 1994.
12 Q And why did you move out at that point?
13 A I had to.
14 Q Why?
15 A He was getting out of the army, and I didn't
16 have a place to go. I had to find a home, and I had to find
17 a job, and I had to get out.
18 Q Why didn't you go live with him?
19 A Because we can't be together.
20 Q Why?
21 A It's not a good situation. Between him
22 calling me names and me calling him names.
23 Q Okay. Has he had any particular problems
24 during the course of the marriage that have led to this
25 situation?
12
A Yes. He drinks a lot.
Q By a lot, what do you mean?
A By a lot, to the point where he got physical
with me, verbally abusive.
Q Okay. When you say he drinks a lot, what
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Alcohol.
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What kind? Beer?
A
Beer, he was -- he'd drink beer. The more
10 beer he drank the more physical he got. But when he drank
11 hard alcohol, it was worse than drinking beer.
Q
Okay. To your knowledge has he ever gone
13 through any rehabilitation programs in the military?
A
YeSr His commander forced him to go through.
Do you know what kind of programs they were?
I have no idea. The way I understand it is
Q
A
17 he went to, like, the community center on the base and the
18 hobby shop, and they showed him all different things to do
19 instead of drinking.
Q
Okay. Now, when you said he'd get physical
21 with you, what sort of things would he do to you?
A
Hit me. He choked me.
Q
What was the most recent time when he
24 actually physically choked you?
A
It was last year, September, October,
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November or something like that.
Q Uh-huh. Okay. Why is he leaving the
military at this point? Do you know?
A I have no idea.
Q Did he explain to you why he was leaving the
military?
A
Q
plan to do?
A
No.
Do you know what his plans are? What does he
He hasn't told me nothing. We haven't really
talked.
Q okay. But you know he wants to move to
Hawaii.
A Yes.
Q Why does he want to move to Hawaii?
A Because that's where his family is.
Q What about corey? What does he want to
happen with corey?
A The way I understand is he wants custody of
Corey. He wants him in Hawaii with him.
Q Okay. Now, he knows that Corey has been with
your parents since last summer; is that correct?
A That's correct.
Q Has he objected to that?
A He's argued with me when we'd get into a
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fight about it, but he's never done anything about it.
Q okay.
A He even willingly signed a paper for my mom
to get an I.D. card to take care of Corey, to take him to
the military base to get medical treatment.
Q So Corey can get medical treatment at least
while your husband was in the military at the Carlisle
Barracks.
A Right.
Q So he knows that corey's been with your
parents and he's not objecting to that. During the time
corey's been living with your parents, how often do you see
corey?
A Every chance I get. If I don't get up and
stay here then I take him down with me so at least he could
see Corey too.
Q On the weekends?
A Yeah. Even during the week sometimes.
Q Okay. Now, if your husband does go out and
lives in Hawaii, do you have any problem with him visiting
or your son visiting him in Hawaii?
A . I have no problem with that at all.
Q Where do you want to see your son go to
school?
A Where I went to school, Boiling Springs
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Junior, Senior High.
o okay. And when would he be eligible to start
attending school?
A This fall.
o So you plan to have him enrolled out at
Boiling Springs in the fall?
A Yes.
o Okay. And it's your hope to be able to move
up here yourself and find an apartment and full-time job up
here?
A Yes.
o But until then, he'll continue living with
grandparents?
A Excuse me?
o Until then he'll continue living with your
parents; is that right?
A Yes, I cun, but I don't live with them now.
o No, no, you -- what I'm saying, your plan is
for corey to continue living with your parents
A Yeah. continue living with mom and dad.
o -- until you can move up here yourself.
A Yes.
Q Why do you think it's in Corey's best
interest right now that he stay in Pennsylvania, in Boiling
Springs with your folks?
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A Because he has an established schedule,
daycare. He calls it school. He's got his friends. He
knows their schedule. They know his schedule. They all
work together in one unison. They don't have to up and
change things. corey has his own room. He knows what to be
done, what's not to be done.
Q Okay. Do you know anything about your
husband's plans, what he plans to do in Hawaii?
A I don't know if he's going to work. He said
something about working for his dad. I have no idea if --
that's all I know.
Q What sort of skills does he have? Anything
in particular?
A I know he has electronics equipment.
Q Do you know what kind of business his father
is in?
A He owns part of a furniture store.
Q Okay. But you know nothing about the
arrangements for your son.
A No.
Q Has your husband ever indicated to you that
he wants to be reconciled to you?
A No, not really.
Q Okay.
MR. McKNIGHT: Those are all of the questions
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Q So your daughter, Mary, is an adult; is that
correct?
A Yes.
Q How long have you had Corey in your home
since he's been born? Do you know, approximately?
A Most of his life, really.
Q okay. Your daughter has said three and a
half years; does that sound right to you?
A Close or more.
Q He's been with you most continuously since
last summer.
A Right. Yes, he has.
Q What sort of what's Corey's situation now?
Has he attended any pre-school programs?
A Yes, we have him going to Carlisle Early
Education Center, daycare.
Q Carlisle Early Education Center. Where is
that located?
A On Pomfret Street in Carlisle, here.
Q And how long has he been attending there?
A Since about, maybe August.
Q Of last year. And the plan is to have him
enrolled in Boiling Springs Elementary next year?
A Kindergarten, yes.
Q In the fall?
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A Uh-huh.
Q What kind of living arrangements do you have
for corey in your home?
A Well, he has his own bedroom.
Q okay.
A And we provide everything for him.
Q Do you have any problem caring for his
economic needs?
A
No.
Where does he receive his health care?
From the army right now.
Okay. Now, what do you and your husband do
Q
A
Q
for a living?
A I work for the county.
Q And what do you do for the county?
A I clean in the evenings.
Q Okay. And what about your husband?
A He's on disability.
Q But he's around all of the time?
A He's around all of the time, yes.
Q So you don't there's no problem with you
being able to have the time to care for corey; is that
correct?
A No.
Q Now, you're familiar with the Defendant,
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curtis Lee Grant; is that correct?
A Yes.
Q What kind of contact have you had with him
over the past year?
A Not too much.
Q Now, the child's been living with you; is
that correct?
A Right.
Q And he knows the child's been living with
you?
A Right.
Q Does he ever coming up to visit the child?
A Sometimes.
Q How often does he come up to visit with the
child?
A Not too often.
Q Give us an idea. Is it once a week? Once a
month?
A Several months in between, usually.
Q So every other month is the arrangement?
A No, it's longer than that. Maybe two or
three months, maybe.
Q Have you ever made offers to take the child
down to be-with him on weekends?
A Has he ever?
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1 Q Have you offered to take the child down?
2 A Has he ever?
3 Q Have you offered to take the child down?
4 A Yes, I have taken him down some.
5 Q Okay. How often does your daughter have
6 contact with corey?
7 A At least every other weekend she sees him,
8 but then she calls him on the phone too.
9 Q And how does she see him? Does she come up
10 to be with him or do you take him down?
11 A She comes to be with him. sometimes she
12 takes him on a weekend.
13 Q Okay. Now, what sort of notice did you have
14 that Mr. Grant was getting out of the military and planning
15 to go to Hawaii? Did he contact you and indicate his plans
16 to you?
17 A None whatsoever.
18 Q How did you get an indication that that might
19 be happening?
20 A Through the grapevine. Rose would say
21 something once in a while or somebody else would, and I
22 didn't know exactly nothing.
23 Q Okay. But eventually you became convinced
24 that that might happen, and that's why you filed this?
25 A Yes.
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for him?
A
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A
Q
it's in the
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just waiting to see if I should enroll him or what --
Q I understand.
A until I find out what's going on here.
Q Do you love your grandchild?
A Yes, I do.
Q And you've treated him like a son.
A Yes.
Q Do you have any information about what his
arrangements would be in Hawaii if he went out there to
live?
A I don't know anything.
Q No direct information on
A Nothing.
MR. McKNIGHT: Those are all of the questions
I have.
THE COURT: Mr. Grant, any questions?
MR. McKNIGHT: No questions.
THE COURT: You may step down. Thank you.
MR. McKNIGHT: I call Jesse Walton to the
stand.
Whereupon,
JESSE E. WALTON,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
24
1 BY MR. McKNIGHT I
2
3 full name.
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Q
Now, speak up, Mr. Walton, and tell us your
A
Jesse E. Walton.
Q
Okay. And where do you reside?
14 Shirley Lane, Boiling Springs, PA.
And you are married to Rosella?
A
Q
A
Yes, sir.
Q
How long have you been married to her?
Twenty years. Oh, whoa. Whoa. It will be
A
11 34 years in October.
12
13
14
15
16
Q
And how many kids do you have all together?
six.
A
Q
So you've raised six kids.
A
Yes -- no, I've raised four.
Q
You guys aren't making it easy on us.
17 Explain that one. You had six kids but raised four.
18
19 support.
20
21
22
23 that correct?
24
25
A
I had two to a previous marriage, and I paid
Q
A
You've had four children with Rosella and --
Yeah.
Q
-- and one of those is Rose Ann Grant; is
A
Yes.
Q
And you've heard your wife testify. And
25
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1 approximately how long have you had custody of corey? How
2 long has he been in your home?
3
A
Three and a half to four years.
And that included the time that Mr. Grant was
4
Q
5 in Korea?
6
Q
Yes, sir. Well, not all of the time, now.
7 Whenever he first went to Korea, Rose and Corey went to
8 Hawaii. Then we went over on his birthday, April 29th, and
9 brought him back to Pennsylvania. She said it was in June
10 but it was in April -- no, he stayed a couple weeks after
11 that; that's right. He stayed a couple weeks after that.
12 Mom went over and got him in Hawaii in '92, and my
13 daughter -- he wanted to come home. He went over with
14 ~randPa~a1dY, so mom went over after him and brought him
15 home.
16
Q
So he was with you that period then; and when
17 your daughter moved to Maryland, he was down there for a
18 period of time. But when did he come back to live with you
19 again?
20 A Last year, the last part of July or in the
21 middle of July. Sometime in July.
22 Q And he's been with you ever since?
23 A Yes, sir.
24 Q Do you spend a lot of time with your
25 grandson?
26
4 ball together. And we go for walks. He loves to watch
5 earth moving machines and any kind of caterpillar or
6 anything working ground and that so we sit and watch them.
1
2
A
Q
3
A
7
Q
8
A
9
10
Q
A
11
Q
12
A
13
14
15
16 disability?
17
18
19
20
21
22
23
24
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Yes, I do.
What sort of things do you do together?
We go to a lot of auctions together. We play
You are on disability; is that correct?
Yes, sir.
How old are you?
I'll be 62 in June, this month.
So you're near retirement age --
Yes.
Q
-- at any rate.
A
Yes.
Q
What did you do before you were on
A
I was a Teamster. I drove a tractor-trailer.
Q
How did you get on disability?
I hurt my back really bad.
A
Q
Are you able to care for corey?
Oh, yes.
So that's not a problem?
A
Q
A
No.
Q
over the past year, since last July, what
25 kind of contact have you had with your daughter, Rose Grant?
27
~
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1 How often have you seen her?
2 A Probably about once every two weeks.
3 Q And how do you see her?
4 A She usually comes right to the house --
5 Q Okay.
6 A -- and sees her son and me.
7 Q Okay. Now does she bring her husband?
8 A No. Once or twice she did. A couple times.
9 Q Okay. How often have you seen Mr. Grant over
10 the past year?
11 A I would say four times.
12 Q And on these occasions when he's come up
13 here, has he come up here or have you taken the child down
14 to see him?
15 A He came up three or four times, and we went
16 down there twice. I did.
17 Q Have you had contact with Mr. Grant? Have
18 you ever called him and asked him if he wanted to see his
19 son?
20 A Yeah. Yeah.
21 Q And what's his response been?
22 A Either me or mother called him one weekend
23 and asked him if he wanted us to come down and pick him up
24 to be with his son, and he said he couldn't be with his son
25 that weekend. So the following week we did the same thing,
28
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1 and he said he couldn't come, he had to go to P.T.
11
12
13
14
16
17
What is that?
Physical training. I don't know.
How often has he called or had contact with
S his son by telephone?
19
20
Q
A
Not very often.
Okay. Has he provided any physical support?
No.
But you are permitted or have been permitted
2
3
4
Q
A
10 to use the base for medical treatment; is that correct?
Q
Q
6
7
8
9
A
A
Yes, yes.
And that's with his consent and cooperation?
Pardon?
Q
A
Q
That's with Mr. Grant's consent and
lS cooperation; is that correct?
A
Yes.
Q
Does the boy -- does the boy know curtis
18 Grant to be his father?
A
Yes, very much.
Do you have any objection if the Court were
Q
21 to maintain custody, as it currently stands, in having the
22 boy going over to be with his father?
23
A
No, he can go visit his dad any time.
24 Q But where do you think the boy ought to be
2S attending school?
29
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1
A
Here. I think he'd be better off staying
2 right here.
3
Q
Why?
4
A
He's more stable. He knows what life has
5 ahead for him. He's got his own room, his own TV, his own
6 telephone. He has whatever he wants. He can have as long
7 as it's reasonable. But he's got to listen. He has to pick
8 up his clothes and bathe. He's got to do everything like
9 that.
10
Q
Can my kids come over and stay with you?
11 That's fine. It sounds like you have some rules. That's
12 important.
13
Okay. Did you receive any advanced warning
14 or knowledge that Mr. Curtis was leaving -- Mr. Grant was
15 leaving the military and going to Hawaii?
16
Either Rose or my other sister told me -- my
A
17 other daughter told me.
18
And how would she know?
Q
19
A
I don't know. One of them told me, and
20 that's the only way I found out. Now, that's what he said
21 to me last -- I believe it was at christmas time, that if he
22 couldn't get along with Rose, he was thinking about getting
23 out of the military.
24 And I think the young man should stay in.
25 He's been in there eight years. I think it would be the
30
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1 greatest thing. He's only got 12 years to go. Twelve to
2 get a pension or retirement. You have to look forward in
3 life to what's coming ahead in life.
4
Q
Well, regardless of that, there hasn't been a
5 whole lot of contact between you and Mr. Grant; is that
6 correct
7
A
No. No.
8
Q
even though the son has been in your home
9 since last July?
10
MR. McKNIGHT: Okay. Those are all of the
11 questions I have.
12
THE COURT: Mr. Grant, do you have any
13 questions?
14
15
MR. GRANT: No questions.
THE COURT: You may step down.
MR. McKNIGHT: Your Honor, that's all of the
16
17
evidence we wish to present. corey is
he's a five year
18 old. He's here. He's available. Our position, Your Honor,
19 is pretty plain, and that is we have no objection to c~rtis
20 Grant having visitation with his son, if he wishes to have
21 visitation, even in Hawaii, as long as we have a set period
22 which he be returned. We'd like to see him returned by the
23 latest, August 15, so he can be enrolled in school in
24 Boiling springs.
25
THE COURT: All right.
31
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1
MR. McKNIGHT I But we do not believe that it
2 would be in the child's best interest to suddenly be
3 transported to live permanently in Hawaii based on what we
4 know.
5
THE COURT: Mr. Grant, this is your
6 opportunity to testify if you chose to or call any witnesses
7 if you care to.
8
9 defend myself.
10
MR. GRANT: Your Honor, I have no idea how to
THE COURT: All right. I take it that you
11 don't wish to testify at this time?
12
13
MR. GRANT: No, Your Honor.
THE COURT: All right. When is the custody
14 conciliation conference scheduled for? Am I correct that
15 it's July first?
16
MR. McKNIGHT: That may be correct,
17 Your Honor. I'm not sure myself.
18
THE COURT: Mr. Grant, what are your
19 intentions? What would you like me to do? I can tell you
20 what the other side has asked me to do, and that is until a
21 custody conciliation is held on July first to establish the
22 situation as it is, that is with your son in the home in
23 Boiling springs.
24 At the conciliation conference, the custody
25 conciliator would try to work out something that's agreeable
32
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1 to both you and Ms. Grant so far as custody goes. If it
2 wasn't possible to do so, there would be an opportunity to
3 come back into Court and have a full hearing on custody.
4 I guess I need to know from you what you
5 would like me to do. I heard what Mr. McKnight would like
6 me to do just as far as the temporary order goes until the
7 conference.
8
MR. GRANT: If possible, to come back with me
9 until July first.
10
11
THE COURT: Where are you now?
MR. GRANT: I am in Hawaii. I reside in
12 Hawaii.
13
MR. McKNIGHT: I need -- I guess it would be
14 helpful to know his address.
15
MR. GRANT: 5031 Halei1io, H-A-L-E-I-L-I-O,
16 Road; Kapaa, K-A-P-A-A, Hawaii 96746.
17
THE COURT: We'll take a short recess and why
18 don't you discuss with Mr. McKnight what you would like and
19 he can discuss what his clients would like with you. If you
20 can arrive at some temporary order, I'll be happy to enter
21 it. If you can't, I'll enter an order based on the evidence
22 at this hearing. It would be a temporary order. We'll take
23 a short recess.
24 (Whereupon, a recess was taken.)
25 AFTER RECESS
33
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1
THE COURT: Let the record indicate that the
2 Court has reconveined. Mr. McKnight.
3
MR. McKNIGHT: Your Honor, we have an
4 agreement. Basically the agreement is that primary custody
5 would remain with Jesse and Rosella Walton, but a period of
6 visitation would be permitted with the Defendant, curtis L.
7 Grant; and this is with the consent of all of the
8 Plaintiffs, Rose Grant, Jesse Grant and Rosella Grant that
9 curtis can take the child, corey Lee Grant, beginning
10 Saturday, June the 4th, 1994, to be returned on or before
11 June 30th, 1994, to Cumberland County.
12 And we have no objection to the Defendant
13 taking Corey Lee Grant to his home in Hawaii during that
14 period of time, with the understanding that Pennsylvania
15 would retain jurisdiction of this case, and that the child
16 would be returned on or before June 30th.
17
THE COURT: All right. Mr. Grant, is that
18 your agreement also?
19
MR. GRANT: Yes, it is.
20
THE COURT: Okay. We'll enter this order:
21 And now this second day of June, 1994, upon consideration of
22 the petition for special relief filed on behalf of Rose Ann
23 Grant, Jesse E. Walton and Rosella Walton, with respect to
24 the child, Corey Lee Grant, (born April 29, 1989), and upon
25 agreement of the parties reached in open Court, it is
34
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1 ordered and directed as follows: Pending further order of
2 Court, primary physical custody of the said child shall be
3 in the child's maternal grandparents, Jesse E. Walton and
4 Rosella Walton of Boiling springs, Cumberland County,
5 Pennsylvania, and temporary physical custody of the child
6 shall be in the child's father, curtis L. Grant from
7 Saturday, June 4, 1994, until on or before Thursday, June
8 30, 1994, at which time the child shall be returned to his
9 Grandparents' home in Boiling Springs.
10 It is noted that a custody conciliation
11 conference is scheduled in this matter before Hubert x.
12 Gilroy, Esquire for July 1, 1994, and it is hoped that a
13 permanent custody arrangement can be reached by agreement of
14 the parties at that time.
15
THE COURT: Is there anything else that
16 should be in the order?
17
MR. McKNIGHT: No, Your Honor.
18
MR. GRANT: No, Your Honor.
19
THE COURT: Good luck to you.
(Whereupon, the proceedings concluded.)
20
21
22
23
24
25
35
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CERTIFICATE
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
&hA~f,~,~
o raine K. Troutman
Official Court Reporter
* * *
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
~ ,)11
Date
'2-.1
r
( "L" L(
J.
Ni
36
AUG 03 1884 dJv
AUG II 9 05 AM '9~
ROSE ANN GRANT, JESSE E.
WAL'l'ON, AND ROSELLA WAL'l'ON,
Plaintiffs,
v
'.I( I.
: IN THiiCciuRi]', r;-g;~QlfMON PLEAS OF
: CUMBERLAND COUN'l'Y, PENNSYLVANIA
.
.
IND. 2642 - CIVIL - 1994
.
.
CURTIS L. GRANT,
Defendant
.
.
:CIVIL ACTION - CUS'l'ODY
COURT ORDER
AND NOW, this ~ day of ~~~~~ , 1994, upon consideration
of the attached Custody Co~Report, it is ordered and
directed as follows:
1. A Hearing is scheduled in Courtroom No. 4: of the Cumberland
County Courthouse, Carlisle, Pennsylvania, on Wednesday,
August 31, 1994 at 9 A.M. at which time testimony will be
taken in the above case. At this Hearing, the Mother, Rose
Ann Grant shall be deemed to be the moving party and shall
proceed initially with testimony. Counsel shall file with
the Court and opposing counsel a Memorandum setting forth
each party's position on custody and also setting forth a
list of witnesses that party will call to testify along
with a summary of the anticipated testimony of each witness.
This Memorandum shall be filed at least five days prior to
the mentioned Hearing date. Additionally, in the event
either party intends to have expert testimony relative to
any pychological evaluation or other evaluation of the minor
child or of any of the parties, a report from that expert
witness must be furnished to opposing counsel at least five
days prior to the mentioned Hearing date.
2. Pending further Order of this Court, the child shall remain
in the physical custody of the Maternal Grandparents, Jesse
E. Walton and Rosella Walton. Upon Father's arrival in the
Cumberland County area from Hawaii for purposes of the Hearing
which is scheduled above, the Grandparents shall make
reasonable accommodations to the Father to allow him an
opportunity to have temporary custody of the minor child
during the entire day or days that Father is in Cumberland
County prior to the Hearing.
BY
cc: William C. Vohs, Esquire
Marcus A. McKnight, Esquire-
,.-'
ROSE ANN GRANT, JESSE E.
WALTON, AND ROSELLA WALTON,
Plaintiffs
v
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:NO. 2642 - CIVIL - 1994
.
.
CURTIS L. GRANT,
Defendant
.
.
:CIVIL ACTION - CUSTODY
CONCILIATION CONFERENCE 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 child who is
the subject of this litigation is as follows:
Corey Lee Grant born April 29, 1989.
2. A Conciliation Conference was held on July 22, 1994, with
the following individuals in attendance:
The Mother, Rose Ann Grant, and the Maternal Grandparents,
Jesse E. Walton and Rosella Walton, who were represented
by Marcus McKnight and also present was William C. Vohs,
Esquire, who represented the Father, Curtis L. Grant.
3. The Father is currently in Hawaii and was unable to attend
the Conciliation Conference. His attorney cleared that
fact with the Conciliator prior to the Conference.
4. In approximately July of 1993, the parents were still living
together and delivered the child to the Maternal Grandparents
where the child has resided. The Maternal Grandparents live
in Cumberland County. The parents were at that time living
in Baltimore, Maryland, where the Father was stationed in
the military at Fort Ritchy. The parents saw the child while
the child was living with the Maternal Grandparents. There is
a dispute as far as how much the Mother as compared to the
Father saw the child. Apparently, a dispute arose between the
parents and the parents decided to separate with the separation
taking place in March of 1994 at which time the parties signed
a Separation Agreement prepared by a JAG officer. The
Separation Agreement indicated that the Father would have
primary physical custody of the minor child. However, the
child continued to reside in the Cumberland County area at
that time. It appears the parties physically separated in
May of 1994, after which the Father announced he was relocating
ROSE ANN GRANT, JESSE E.
WALTON and ROSELLA WALTON,
plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
CURTIS L. GRANT,
Defendant
NO. 94-2642 CIVIL TERM
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes the Defendant, Curtis L. Grant, by and
through is attorneys, Saidis, Guido, Shuff & Masland, and files
this Answer in response to Plaintiffs' Petition for Special
Relief:
1. Admitted.
2.
Denied.
Defendant's mailing address is P.O. Box 9,
Kea1ia, Hawaii 96751. His street address is 5031 Ha1ei1io Road,
Kapaa,Hawaii 96746.
3. Admitted.
4. Admitted in part; denied in part. The dates in Maryland
and Pennsylvania are denied with the following clarification:
Location
Residents
Dates
P.O. Box 9
Kealia, Hawaii
Curtis Grant and
Baltazar & Nancy Manibog
4/93 - 7/93
6/4/94 - 6/30/94
5. Admitted with clarification. It is admitted that the
SAIDlS, GUIDO,
SnuFF &
MASLAND
26 W. High Stn:cl
Carlisle. PA
parties entered into a Separation Agreement on March 4, 1994.
The child was residing with the maternal grandparents due to
Defendant's position in the U.S. Army.
6. Admitted in part; denied in part. It is admitted that
the separation agreement provided Plaintiff Rose A. Grant with
ninety (90) days of partial physical custody of the child and the
Defendant with primary physical custody of the child.
It is
specifically denied that Plaintiff Rose A. Grant signed the
separation agreement under duress, and therefore, strict proof is
demanded thereof. Further, Defendant's copy of Petition lacks
the referenced Exhibit, therefore, attached hereto and made a
part hereof is a true and correct copy of the Separation
Agreement marked as Exhibit "A".
7. Admitted with clarification. Defendant resigned his
position with the United States Army in order to effectuate his
primary physical custody of his son pursuant to the Separation
Agreement, as the United States Army does not allow its soldiers
to be the sole provider for their dependents.
B. Admitted.
9. Denied. Plaintiff Rose A. Grant has abandoned the child
several times over the past few years, and is an unfit mother.
Defendant, on the other hand, is ready, willing and able to
provide fur the child's best interests.
10.
Denied.
Defendant denies any alcohol problem which
SAlDIS, GUIDO,
SHUFF &
MASLAND
26 w. High St=t
Carlisle. PA
would endanger the safety and welfare of the child. Further,
Defendant has successfully completed Tract One, alcohol
education, through the United States Army, and no further course
of action was recommended by the Army.
WHEREFORE, the Defendant requests this Honorable Court to
enter an Order enforcing the separation agreement and providing
Defendant with primary physical custody of the child.
Dated:-.!\ l'U\~i
SHUFF & MASLAND
HEW MATTER
11. The allegations contained in paragraphs 1-10 are
incorporated herein and made reference thereto as is fully set
forth.
12. Plaintiffs Jesse E. Walton and Rosella Walton, the
maternal grandparents lack standing pursuant to 23 pa S 5312, for
primary physical custody of their grandchild.
WHEREFORE, the Defendant prays this Honorable Court to enter
an Order striking Plaintiffs Jesse E. Walton and Rosella Walton
as Plaintiffs, and award primary physical custody of the child to
Defendant.
Respectfully submitted,
~
William C. Vohs, Esquire
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
SAID IS, GUIDO,
SHUFF &
MASLAND
26 W. High Street
Carlisle,PA
.
to ..'
(.
r'
PROPERTY SETTLEMENT AND AGREEMENT OF SEPARATION
BETWEEN
CURTIS L. GRANT AND ROSE A. GRANT
This Property Settlement and Agreement of Separation and .
custody executed and embodied in written form, this 4~ day of
~ ' 19~, by and between CURTIS L. GRANT,
here nafter referred to as "Husband" and ROSE A. GRANT,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, the parties hereto were married in Carlisle,
Pennsylvania on April 22, 1989 and as a result of their marriage
one child was born: COREY LEE GRANT, hereinafter referred to as
"Child. "
WHEREAS, in consequence of disputes and differences which
have arisen between the parties hereto, the said parties
voluntarily and mutually agree to live separate and apart as of
the date of this Agreement.
WHEREAS, without waiving any ground for divorce, which either
of them may now or hereafter have against the other, the parties
deem it in their best interest to enter into this Agreement to
formalize said separation, to settle their respective property
rights, and all other matters growing out of their marital
relation.
WHEREAS, both parties understand the facts and have been
fully informed concerning their respective rights and liabilities
including their right to seek independent legal counsel, and they
fully understand the terms, conditions, and provisions of this
Agreement and they believe'it to be fair, .just, adequate, and
reasonable to each of them.
NOW THEREFORE, in consideration of the premises, the division
of property and property rights, and the parties mutual
covenants, they do hereby covenant and agree with each other and
their respective heirs, personal representatives and assigns, as
follows:
.
(1) The parties have agreed to mutually and voluntarily live
separate and apart in separate places of abode without any
cohabitation. Neither of the parties shall interfere with or
molest the other, nor endeavor in any way to exercise any marital
control or right over the other or to have any marital relations
Page 1 of 6 Pages
EXHIBIT "A"
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with the other or to exert or demand any right to reside in the
home of the other. Each party shall be free to go his or her own
respective way as fully and to the same extent as if they were
never joined in matrimony.
(2) Nothing contained in this Agreement shall be construed
as a waiver by either of the parties of any ground for divorce
which either of them may now or hereafter have against the other,
the same being hereby expressly reserved. Moreover, each of the
parties hereby expressly reserves to assert as a ground for
divorce any cause or ground which either of them may now or
hereafter have against the other. However, both parties agree
not to assert as a ground for divorce any cause of action based
on the exercise of the rights established in this Agreement,
including but not limited to (1) above.
(3) Husband shall pay to Wife the sum of $150.00 per month
as spousal support for two and one-half years from the'date of
this Agreement.
(4) Husband and Wife shall have joint legal custody of
Child. Husband shall be the primary custodial parent. Wife
shall have a minimum of 90 days custody per year at her option.
Wife will give Husband 48 hours notice of her intent to exercise
her custody rights. Wife shall be required to pay no support for
Child.
(5) Except as otherwise provided herein, each of the parties
hereto for himself or herself and his or her respective heirs,
personal representatives and assigns, grants, remises and
releases to the other, any and all rights or interest which he
now has or may hereafter acquire in the real, personal or other
property of the other. Each of the parties agrees to execute and
deliver any and all deeds, releases, quit claims, or other
instruments as from time to time may be necessary or convenient
to enable the other party to deal with his property as if he were
unmarried. Except as otherwise provided in this Agreement, each
.of the parties releases all claims and demands of. any ,kind or
nature against the other party, including all interests incident
to the marital relationship now or at any time hereafter existing
or occurring in the property or estate of the other party, or in
marital property, either statutory or arising at common law,
specifically including all claims, demands and interests arising
under the Marital Property Act, Md. Family Law Code Ann. Sections
8-201 through 8-213, as from time to time amended and
specifically including any right to act as the other's personal
representative. It is the intention of each and both parties
that during their respective lifetimes they may deal with their
separate estates as if they were unmarried and that upon the
death of either, the property, both real and personal, then owned
by him shall pass by his Will or under the laws of descent as the
Page 2 of 6 Pages
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case might be, free from any right of inheritance, title or claim
in the other party as if the parties at such time were unmarried.
(6) Each party shall be equally responsible for debts
contracted in both names up to the date of this Agreement.
otherwise, each party shall assume all responsibility for debts
contracted by himself or herself up to the date of this
Agreement, and each shall hold and save the other harmless from
any and all liability therefore. From and after the date of this
Agreement, Husband and Wife covenant and agree that they will not
pledge or attempt to pledge the credit of the other, nor will
they contract or attempt to contract any debts or obligations in
the name, or on behalf of each other, and as to any debts or
obligations incurred or contracted by them from and after the
date of this Agreement, each will be responsible for his or her
own debts or liabilities, and shall hold and save the other
harmless, and indemnify the other, from any such debts or
obligations.
(7) Husband shall have legal title to,his personal property
and all household goods and furnishings, except that Wife's
mother, Rosella Walton, shall have the right of first refusal (to .
be given in writing) to take Child's bedroom furniture if Husband
is ever to dispose of it in any way. Wife shall have legal title
to her personal property. Husband shall have legal title to 1993
Toyota Pick-up Truck and shall be fully responsible for payments
and insurance on said vehicle. However, Wife shall have sole use
of said vehicle until Husband has a permanent change of station
(PCS) from Fort Ritchie, Maryland.
(8) Except as otherwise stated in this Agreement, the
parties have already divided their personal property: The
parties agree that all tangible personal property and household
chattels presently located at Wife's residence shall be and
remain the sole and exclusive property of Wife, free and clear of
any interest of Husband, and all tangible personal property and
household chattels presently located at HUSband's residence shall
be and remain the sole and exclusive property of HUSband, free
and clear of any interest of Wife. Each party shall retain, ,as
his or her sole and separate property, any automobiles, stocks,
bonds, or other securities, savings or Checking accounts,
certificates of deposit, money market funds, pensions, profit-
sharing plans, individual retirement accounts, deferred
compensation of any kind, and any other assets of any kind of
nature of his or her own name, free and clear of any interest of
the other.
(9) It is further mutually agreed by and between the parties
that consistent with existing regulations of the United States
Army, Husband hereby specifically agrees to cooperate fully in
furnishing any and all assistance in Obtaining and maintaining
all benefits due to Wife and minor child, by reason of
Page 3 of 6 Pages
.
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their status as military dependents. Husband further
specifically agrees to take whatever action is necessary to
obtain any and all service connected benefits for wife and minor
child, including, but not limited to, post exchange benefits,
commissary benefits, education benefits, medical treatment
benefits or any other benefits Wife and minor child are able to
derive by reason of military dependent status, consistent with
the regulations of the United states Army.
(10) The parties hereto do waive all rights of curtesy,
dower, statutory third, halves, or legal shares, any right to
participate in any way in the enjoyment or distribution of the
other's estate (unless provision is otherwise made by
testamentary disposition), and any right to administer the estate
of the other.
(11) Each of the parties shall pay his or her own counsel
fees incurred in connection with their separation and divorce.
Each party hereby releases the other from any further obligations
to pay any other or further counsel fees for each other or on
each other's ~~;Ialf in connection with any matter, except for the
costs of the enforcement of the terms of this Agreement in the
event of the party's non-compliance, in which case the non-
complying party shall be responsible for all reasonable expenses
incurred in enforcement. If a divorce proceeding is brought by
either party against the other, the parties shall divide all
court costs thereof, including any Master's fee, equally between
them.
(12) With the approval of any court of competent
jurisdiction in which any divorce proceeding may hereafter be
instituted, this Agreement shall be incorporated into any decree
of divorce which may be issued by said court.
(13) Should any provision of this Agreement be found, held,
or deemed to be unenforceable, voidable or void, as contrary to
law or public policy under the laws of Maryland or any other
state of the United states, the parties intend that the remaining
provision of this Agreement shall nevertheless continue in full .
force and be binding upon the parties, their heirs, personal
representative, executors, and assigns.
(14) The parties hereto declare that they fully understand
all the terms and provisions of this Agreement; and each has been
advised of his or her respective legal rights and liabilities;
and that each signs this Agreement fully and voluntarilf, and
intending thereby that this Agreement shall benefit and be
binding upon the parties hereto, their respective personal
representatives, heirs, legatees, devisees, distributees, and
assigns and all persons Claiming by or to them or any of them.
Page 4 of 6
~
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(15) This Agreement contains the entire understanding
between the parties. No modification or waiver of any of the
terms of this Agreement shall be valid unless made in writing,
and signed by the parties.
(16) No provision of this Agreement shall be interpreted for
or against any party hereto by reason that said party or his or
her legal representative drafted all or any part hereof.
(17) As to these covenants and promises, the parties hereto
severally bind themselves, their heirs, perso~al representatives
and assigns. '
(18) The parties hereto agree that this Agreement will be
construed under the laws of the state of Maryland.
~~j1~
CURTIS L. GRANT
J
STATE OF MARYLAND )
( SS
COUNTY OF~~)
I hereby certify that on this (;) day of O~""6/!.(L ,
19_9~, before me, the Subscriber, a Notary PUblic, duly
commIssioned and qualified in and for the State and county
aforesaid, personally appeared CURTIS L. GRANT, and acknowledged
the aforegoing Agreement to be his own act and deed and that the
facts set forth therein as to the voluntary separation of the
parties are true and correct.
Witness my hand and Seal Notarial.
~~ ..oN~~l~L.
My Commission expires: \ ~c-r.~ '\~\a
Page 5 of 6 Pages
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t-tU-JI. ~.:d.
AOSE A. GRANT
STATE OF \%....~ )
-Ci: ( S5
COUNTY OF ~..:....,.".~
I hereby certify that on this '-t~ day of \Tb...e>~
19~, before me, the Subscriber, a Notary PUblic, duly
commIssioned and qualified in and for the State and County
aforesaid, personally appeared ROSE A. GRANT, and acknowledged
the aforegoing Agreement to be her own act and deed and that the
facts set forth therein as to the voluntary separation of the
parties are true and correct.
,
Witness my hand and Seal Notarial.
~ ":l.~~.\~.~
No ary Publ c
My Commission expires: , b.t.. \~~
Page 6 of 6 Pages
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W, High Street
c.rtiJl.. PA
ROSE ANN GRANT, JESSE E.
WALTON and ROSELLA WALTON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
CURTIS L. GRANT,
Defendant
-~
L..::
NO. 94-2642 CIVIL"TERK
'-:l
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ANSHER TO PETITION FOR SPECIAL RELIEF ;g
. ~
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AND NOW, come!! the Defendant, Curtis L. -orant~ by and
.
through is attorneys, Saidis, Guido, Shuff & Mas1and, and files
this Answer in response to Plaintiffs' Petition for Special
Relief:
1. Admi tted.
2.
Denied.
Defendant's mailing address is P.O. Box 9,
Kealia, Hawaii 96751. His street address is 5031 Ha1eilio Road,
Kapaa, Hawaii 96746.
3. Admitted.
4. Admitted in part; denied in part. The dates in Maryland
and Pennsylvania are denied with the following clarification:
Location
Residents
Dates
P.O. Box 9 Curtis Grant and
Kealia, Hawaii Baltazar & Nancy Manibog
4/93 - 7/93
6/4/94 - 6/30/94
5. Admitted with clarification. It is admitted that the
parties entered into a Separation Agreement on March 4, 1994.
The child was residing with the maternal grandparents due to
Defendant's position in the U.S. Army.
6. Admitted in part; denied in part. It is admitted that
the separation agreement provided Plaintiff Rose A. Grant with
SAlOIS, GUIDO,
SHUFF &
MASLAND
26 W, HiSh SUUI
Carlisle. PA
ninety (90) days of partial physical custody of the child and the
Defendant with primary physical custody of the child.
It is
specifically denied that Plaintiff Rose A. Grant signed the
separation agreement under duress, and therefore, strict proof is
demanded thereof. Further, Defendant's copy of Petition lacks
the referenced Exhibit, therefore, attached hereto and made a
part hereof is a true and correct copy of the Separation
Agreement marked as Exhibit "A".
7. Admitted with clarification.
Defendant resigned his
position with the United States Army in order to effectuate his
primary physical custody of his son pursuant to the Separation
Agreement, as the United States Army does not allow its soldiers
to be the sole provider for their dependents.
B. Admitted.
9. Denied. Plaintiff Rose A. Grant has abandoned the child
several times over the past few years, and is an unfit mother.
Defendant, on the other hand, is ready, willing and able to
provide for the child's best interests.
10.
Denied.
Defendant denies any alcohol problem which
would endanger the safety and welfare of the child. Further,
Defendant has successfully completed Tract One, alcohol
education, through the United States Army, and no further course
of action was recommended by the Army.
WHEREFORE, the Defendant requests this Honorable Court to
enter an Order enforcing the separation agreement and providing
Defendant with primary physical custody of the child.
HEN MATTER
11. The allegations contained in paragraphs 1-10 are
incorporated herein and made reference thereto as is fully set
forth.
12. Plaintiffs Jesse E. Walton and Rosella Walton, the
maternal grandparents lack standing pursuant to 23 pa S 5312, for
primary physical custody of their grandchild.
WHEREFORE, the Defendant prays this Honorable Court to enter
an Order striking Plaintiffs Jesse E. Walton and Rosella Walton
as Plaintiffs, and award primary physical custody of the child to
Defendant.
Respectfully submitted,
Dated: $ \ It\'N
~
William C. Vohs, Esquire
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for the Plaintiff
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w, Hi'" 5_1
CarliJI., PA
~194
WE:D
1:5 ::51
P."'2
VERIFICATION
I verify that the statements made in this Complaint are
true end correct. I understand that false statements herein
ere made subject to the penalties of 18 Pa. c.s. Section 4904,
relating to unsworn
DATED:
~ f1uu- Cf~
falsification to the authorities.
~
Curtis L.
Defendant
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SAlDIS, GUIDO,
SBUFF &
MASLAND
26 W, HI,h Sueel
C&rllale. PII
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PROPERTY SETTLEMENT ~ND ~GREEMENT OF SEPAR~TION
BETWEEN
,
.
CURTIS L. GRANT AND ROSE A. GRANT
This Property Settlement and Agreement of Separation and '
custody executed and embodied in written form, this 4~ day of
~ ' 19~, by and between CURTIS L. GRANT,
here nafter referred to as "Husband" and ROBE A. GRANT,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, the parties hereto were married in Carlisle,
Pennsylvania on April 22, 19S9 and as a result of their ~arriage
one child was born: COREY LEE GRANT, hereinafter referred to as
"Child."
WHEREAS, in consequence of disputes and differences which
have arisen between the parties hereto, the said parties
voluntarily and mutually agree to live separate and apart as of
the date of this Agreement.
WHEREAS, without waiving any ground for divorce, which either
of them may now or hereafter have against the other, the parties
deem it in their best interest to enter into this Agreement to
formalize said separation, to settle their respective property
rights, and all other matters growing out of their marital
relation.
WHEREAS, both parties understand the facts and have been
fully informed concerning their respective rights and liabilities
including their right to seek independent legal counsel, and they
fully understand the terms, conditions, and provisions of this
Agreement and they believe 'it to be fair, ,just, adequate, and
reasonable to each of them.
NOW THEREFORE, in consideration of the premises, the division
of property and property rights, and the parties mutual
covenants, they do hereby covenant and agree with each other and
their respective heirs, personal representatives and assigns, as
follows:
.
(1) The parties have agreed to mutually and voluntarily live
separate and apart in separate places of abode without any
cOhabitation. Neither of the parties shall interfere with or
molest the other, nor endeavor in any way to exercise any marital
control or right over the other or to have any marital relations
Page 1 of 6 Pages
EXHIBIT "A"
.
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. with the other-or to exert or demand any right to reside in the
home of the other. Each party shall be free to go his or her own
respective way as fully and to the same extent as if they were
never joined in matrimony.
(2) Nothing contained in this Agreement shall be construed
as a waiver by either of the parties of any ground for divorce
which either of them may now or hereafter have against the other,
the same being hereby expressly reserved. Moreover, each of the
parties hereby expressly reserves to assert as a ground for
divorce any cause or ground which either of them may now or
hereafter have against the other. However, both parties agree
not to assert as a ground for divorce any cause of action based
on the exercise of the rights established in this Agreement,
including but not limited to (1) above.
(3) Husband shall pay to Wife the sum of $150.00 per month
as spousal support for 'two and one-half years from the'date of
this Agreement.
(4) Husband and Wife shall have joint legal custody of
Child. Husband shall be the primary custodial parent. Wife
shall have a minimum of 90 days custody per year at her option.
Wife will give Husband 48 hours notice of her intent to exercise
her custody rights. Wife shall be required to pay no support for
Child.
(5) Except as otherwise provided herein, each of the parties
hereto for himself or herself and his or her respective heirs,
personal representatives and assigns, grants, remises and
releases to the other, any and all rights or interest which he
now has or may hereafter acquire in the real, personal or other
property of the other. Each of the parties agrees to execute and
deliver any and all deeds, releases, quit claims, or other
instruments as from time to time may be necessary or convenient
to enable the other party to deal with his property as if he were
unmarried. Except as otherwise provided in this Agreement, each
,of the parties releases all claims ,and demands Of any ,kind or. .
nature against the other party, including all interests incident
to the marital relationship now or at any time hereafter existing
or occurring in the property or estate of the other party, or in
marital property, either statutory or arising at common law,
specifically including all claims, demands and interests arising
under the Marital Property Act, Md. Family Law Code Ann. sections
8-201 through 8-213, as from time to time amended and
specifically including any right to act as the other's personal
representative. It is the intention of each and both parties
that during their respective lifetimes they may deal with their
separate estates as if they were unmarried and that upon the
death of either, the property, both real and personal, then owned
by him shall pass by his Will or under the laws of descent as the
Page 2 of 6 Pages
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case might be, free from any right of inheritance, title or claim
in the other party as if the parties at such time were unmarried.
(6) Each party shall be equally responsible for debts
contracted in both names up to the date of this Agreement.
otherwise, each party shall assume all responsibility for debts
contracted by himself or herself up to the date of this
Agreement, and each shall hold and save the other harmless from
any and all liability therefore. From and after the date of this
Agreement, Husband and Wife covenant and agree that they will' not
pledge or attempt to pledge the credit of the other, nor will
they contract or attempt to contract any debts or obligations In
the name, or on behalf of each other, and as to any debts or
obligations incurred or contracted by them from and after the
date of this Agreement, each will be responsible for his or her
own debts or liabilities, and shall hold and save the other
harmless, and indemnify the other, from any such debts or
obligations.
(7) Husband shall have legal title tO,his personal property
and all household goods and furnishings, except that Wife's
mother, Rosella Walton, shall have the right of first refusal (to ,
be given in writing) to take Child's bedroom furniture if Husband
is ever to dispose of it in any way. Wife shall have legal title
to her personal property. Husband shall have legal title to 1993
Toyota Pick-up Truck and shall be fully responsible for payments
and insurance on said vehicle. However, Wife shall have sole use
of said vehicle until Husband has a permanent change of station
(PCS) from Fort Ritchie, Maryland.
(8) Except as otherwise stated in this Agreement, the
parties have already divided their personal property: The
parties agree that all tangible personal property and household
chattels presently located at Wife's residence shall be and
remain the sole and exclusive property of Wife, free and clear of
any interest of Husband, and all tangible personal property and
household chattels presently located at Husband's residence shall
be and remain the sole and exclusive property of Husband, free
and clear of, any. interest of Wife. Each party shall retain, ..as
his or her sole and separate property, any automobiles, stocks,
bonds, or other securities, savings or checking accounts,
certificates of' deposit, money market funds, pensions, profit-
sharing plans, individual retirement accounts, deferred
compensation of any kind, and any other assets of any kind of
nature of his or her own name, free and clear of any interest of
the other.
.
(9) It is further mutually agreed by and between the parties
that consistent with existing regulations of the United States
Army, HUsband hereby specifically agrees to cooperate fully in
furniShing any and all assistance in obtaining and maintaining
all benefits due to Wife and minor child, by reason of
Page 3 of 6 Pages
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.
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their status as military dependents. Husband further
specifically agrees to take whatever action is necessary to
obtain any and all service connected benefits for Wife and minor
child, including, but not limited to, post exchange benefits,
commissary benefits, education benefits, medical treatment
benefits or any other benefits Wife and minor child are able to
derive by reason of military dependent status, consistent with
the regulations of the United states Army.
(10) The parties hereto do waive all rights of curtesy,
dower, statutory third, halves, or legal shares, any right to
participate in any way in the enjoyment or distribution of the
other's estate (unless provision is otherwise made by
testamentary disposition), and any right to administer the estate
of the other.
(11) Each of the parties shall pay his or her own counsel
fees incurred in connection with their separation and divorce.
Each party hereby releases the other from any further obligations
to pay any other or further counsel fees for each other or on
each other's behalf in connection with any matter, except for the
costs of the enforcement of the terms of this Agreement in the
event of the party's non-compliance, in which case the non-
complying party shall be responsible for all reasonable expenses
incurred in enforcement. If a divorce proceeding is brought by
either party against the other, the parties shall divide all
court costs thereof, including any Master's fee, equally between
them.
(12) With the approval of any court of competent
jurisdiction in which any divorce proceeding may hereafter be
instituted, this Agreement shall be incorporated into any decree
of divorce which may be issued by said court.
(13) Should any provision of this Agreement be found, held,
or deemed to be unenforceable, voidable or void, as contrary to
law or public policy under the laws of Maryland or any other
State of the United states, the parties intend that the remaining
provision of this Agreement'shall nevertheless continue in full'
force and be binding upon the parties, their heirs, personal
representative, executors, and assigns. .
(14) The parties hereto declare that they fully understand
all the terms and provisions of this Agreement; and each has been
advised of his or her respective legal rights and liabilities;
and that each signs this Agreement fully and vo1untarilf, and
intending thereby that this Agreement shall benefit and be
binding upon the parties hereto, their respective personal
representatives, heirs, legatees, devisees, distributees, and
assigns and all persons Claiming by or to them or any of them.
Page 4 of 6
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tALJI 6!-.:d..
AtOSE A. GRANi'
~
. ..
, "
STATE OF \%....~ )
- <X ( 55
COUNTY OF ~":"""'I~
I hereby certify that on this I.\~ day of ~"...,.... ,
19~, before me, the Subscriber, a Notary PUblic, duly
commIssioned and qualified in and for the state and County
aforesaid, personally appeared ROSE A. GRANT, and acknowledged
the aforegoing Agreement to be her own act and deed and that the
facts set forth therein as to the voluntary separation of the
parties are true and correct.
Witness my hand an~ Seal Notarial.
~ '.:l.;jt~.,~.~
No ary Publ c
My Conunission expires: \ ~ \~\P
Page 6,of 6 Pages
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ROSE ANN GRANT,
JESSE WALTON and
ROSELLA WALTON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CURTIS L. GRANT,
Petitioner
NO. 94-2642 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ rt. day of December,
1994, upon consideration
of the Petition for Special Relief and Modification of Custody, a
conference with counsel in chambers on the request for special
relief is SCHEDULED for Tuesday, December 13, 1994, at 8130 a.m.,
anr a hearing on the request is SCHEDULED for Thursday, December
15, 1994, at 8145 a.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania.
The request for modification of custody will be referred to
the custody conciliator process.
BY THE COURT,
.../..'"")
,
ttL
J' Wesley Ol
william C. Vohs, Esq.
Attorney for Petitioner
Marcus A. McKnight, III,
Attorney for Respondents
_ w.~,... f'".....L -<..~ ~':L..
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J. Wesley 01er, Jr., J.
..
ROSE ANN GRANT,
'JESSE WALTON and
ROSELLA WALTON,
Respondents
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Petitioner
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this
day of December, 1994, upon Petition
for special Relief of curtis L. Grant, and pursuant to the Order
of Court dated August 31, 1994, the Respondents, Rose Ann Walton,
Jesse E. Walton and Rosella Walton, are hereby ordered and
directed to deliver corey Lee to Petitioner in Kealia, Hawaii, on
December 23, 1994, until January 2, 1995.
BY THE COURT,
ROSE ANN GRANT,
JESSE WALTON AND
ROSELLA WALTON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Petitioner
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this day of , 1994, upon
consideration of Petitioner's, curtis L. Grant, Petition for
Special Relief and Modification of custody, it is hereby directed
that the parties and their respective counsel shall appear before
, the Conciliator, at
on the
day of , 1995 at .m., 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. All children age
five or older shall/may also be present at the Conference.
Failure to appear at the Conference may provide grounds for entry
of a temporary or permanent Order.
FOR THE COURT,
By:
custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO ,FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
"
ROSE ANN GRANT,
JESSE WALTON AND
ROSELLA WALTON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Petitioner
CIVIL ACTION - CUSTODY
PETITION FOR SPECIAL RELIEF AND MODIFICATION OF CUSTODY
AND NOW, this 7th day of December, 1994, comes the
Petitioner, curtis L. Grant, by and through his attorneys, Law
Offices of Michael J. Hanft, and files the following Petition for
Special Relief and Modification of custody:
1. The Petitioner and Respondent, Rose Ann Grant, are the
natural parents of the child Corey Lee Grant, born April 29,
1989.
2. The Respondents, Jesse E. Walton and Rosella Walton, are
the maternal grandparents of said child.
3. On August 31, 1994, the Honorable J. Wesley Oler, Jr.,
entered an Order, inter alia, granting joint legal custody and
shared physical custody of the child. A true and correct copy of
the Order (hereinafter "Court Order"), is attached hereto and
made part hereof and marked exhibit "A".
4. Pursuant to the Court Order, the Petitioner has physical
custody of the child each Christmas/New Year's season from the
beginning of the child's Christmas/New Year's vacation until it's
conclusion. See Exhibit "A" paragraph 2A.
5. Pursuant to the Court Order, Respondent, Rose Ann Grant
shall be responsible for payment of transportation and cost
..
associated with Petitioner's period of custody. See Exhibit "A"
paragraph 3.
6. Corey Lee Grant's Christmas/New Year's vacation begins
on Thursday, December 22, 1994, and ends on Tuesday, January 3,
1995.
7. On Saturday December 3, 1994, Respondents Jesse E.
Walton and Rosella Walton informed the Petitioner that they will
be bringing the child to Hawaii on sunday, December 25, 1994,
(Christmas Day) and departing on Saturday, December 31, 1994,
(New Year's Eve).
8. In Octobe~ 1994, Petitioner requested from Respondent
Rose Ann Grant the date the child would be arriving in Hawaii and
the date he would be returning to Pennsylvania. Respondent Rosa
Ann Grant refused to provide this information.
9. In mid-November 1994, Petitioner requested this
information from Respondent Jesse E. Walton, but Respondent Jesse
E. Walton refused to provide the travel information.
10. Respondent Jesse Walton purchased the airline tickets
for the child's trip to Hawaii on October 11, 1994, and
Respondents refused to provide that information until Saturday,
December 3, 1994, solely to frustrate Petitioner and to deprive
him of the time he has been awarded with his child.
11. Respondent Jesse Walton has claimed that the tickets
purchased were the only ones available as of October 11, 1994.
12. As of 8:00 a.m., December 7, 1994, the following
flights have seats available:
2
:
Friday December 23, 1994:
Northwest Airlines: Flight No. 1461, departing Harrisburg
7:00 a.m., arriving Detroit 8:44 a.m.;
Aloha Airlines:
Flight No. 923, departing Detroit 9:35
a.m., arriving Honolulu 6:45 p.m.;
Flight No. 4047, departing Honolulu 8:00
p.m., arriving Luhue 8:38 p.m.
Sunday 1/1/95
Aloha Airlines: Flight No. 356, departing Luhue 12:55
p.m., arriving Honolulu 1:25 p.m.;
Northwest Airlines: Flight No. 338, departing Honolulu 2:40
p.m., arriving Detroit 6:05 a.m., on
1/2/95;
Flight No. 1460, departing Detroit at
7:10 a.m., arriving Harrisburg 9:30 a.m.
13. The flight plans that the Respondents have made can
easily be changed by their travel agent to the flights listed
above, as can their hotel and car reservations. However, these
changes must be made by December 9, 1994.
14. The Order of Court entered August 31, 1994, places the
responsibility for the transportation cost on the mother,
Respondent Rose Ann Grant, not Respondents Jesse E. Walton and
Rosella Walton.
15. To the best of Petitioner's knowledge, Respondent Rose
Ann Grant continues to reside in the state of Maryland contrary
to the Order of Court.
16. To the best of Petitioner's knowledge, Respondents
Jesse E. Walton and Rosella Walton are providing the
transportation costs and travelling with the child.
3
:
17. Respondent has never provided Petitioner with any
notice, let alone the thirty (30) days written notice of the
change in her residence pursuant the Court Order.
18. Respondent, Rose Ann Grant, is in direct and willful
violation of the Court Order entered by this Honorable Court on
August 31, 1994.
19. Petitioner has and will continue to incur substantial
costs and fees to enforce his rights as provided for in the Court
Order.
WHEREFORE, Petitioner, curtis Grant, respectfully request
this Honorable Court to enter an Order for Special Relief
directing Respondents to deliver the child, corey Lee Grant, to
Petitioner in the state of Hawaii on December 23, 1994, and to
pick the child up on January 2, 1995.
Further, the Petitioner prays this Honorable Court will
modify the August 31, 1994 Order to allow the child, Corey Lee
Grant, to spend the school months in the state of Hawaii with
Petitioner, and provide Respondent Rose Ann Grant with summer
visitation at Respondent's expense.
Dated: J),\ '1lqy
Respectfully submitted,
LAW ~,\ICES OF MIC.HAEL J.
'.~ 'Ur ~
,
HANFT
W~ 1 am C. Vohs, Esqu1re
Attorney ID No. 65208
11 West Pomfret Street, suite 2
Carlisle, PA 17013
(717) 249-5373
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PloGE ~,'
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I VERIPY that the .tatament. set forth in the attached
petition are true and correct to the beat ot my knowledq8,
intormation and beliet. r understand that false atatements
herein are made SUbject to the penalities or 18 Pa. Se~tion 4e04
relatinq to unsworn talsltleation to authoritie..
LV~
.
:
.
CERTIFICATE OF SERVICE
AND NOW, this 7th day of December, 1994, I, William C. Vohs,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing Petition for Special Relief
and Modification of Custody, by depositing same in the United
States Mail, First Class, Postage Prepaid, and via facsimile
addressed as follows:
Marcus A. McKnight, III
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret street
Carlisle, PA 17013
(717) 249635
W 11 am C. Vohs, Esqu re
Attorney ID No. 65208
LAW OFFICES OF MICHAEL J. HANFT
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
~- ,"
ROSE ANN GRANT,
JESSE E. WALTON AND
ROSELLA WALTON,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: 94-2642 CIVIL TERM
CURTIS L. GRANT,
Defendant
I CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 31st day of August, 1994, upon
consideration of the custody complaint in the above-captioned
matter, and following a hearing, it is ORDERED and DIRECTED with
respect to the parties' child, Corey Lee Grant, born April 29,
1989, as follows:
1. The parties shall have joint legal custody of the
child.
2. The parties shall have shared physical custody of
the child as follows:
A. Father shall have physical custody of the
child each summer from the beginning of the child's summer
vacation until its conclusion; in addition, Father shall have
physical custody of the child each Christmas/New Year's season
from the beginning of the child's Christmas/New Year's vacation
until its conclusion.
B. Mother shall have physical custody of the
child during the remaining part of the year except as the
parties shall otherwise agree.
E>d1ibi t "A"
.
r
ROSE ANN GRANT, I
JESSE WALTON and .
.
ROSELLA WALTON, .
.
Respondents .
.
.
.
v. .
.
.
.
CURTIS L. GRANT, .
.
Petitioner .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2642 CIVIL TERM
ORDER OF COURT
l2.~day of December,
AND NOW, this
1994, upon consideration
of the attached letter from William C. Vohs, Esq., Attorney for
Petitioner, the conference previously scheduled for December 13,
1994, and the hearing previously scheduled for December 15, 1994,
are CONTINUED GENERALLY, without prejudice to the right of either
counsel to reschedule the hearings.
, )
,t Jl
. ,~, , William C. Vohs, Esq.
c-t.J!l Attorney for Petitioner
Y',: Marcus A. McKnight, III, Esq.
? Attorney for Respondents
:rc
BY THE COURT,
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L^w OFFICES
MICHAEL J. HANFT
ATTORNEYS AT LAW
11 WEST POMFRET STREET. SUITE 2
C^RLlSLE, PA 17013
M1CH^EL J. H^NFT
WILLI^M C. VOllS
(717) 249-5373
FAX (7171 249,0457
December 12, 1994
HAND-DELIVERED
Honorable J. Wesley 01er, Jr.
Court of common Pleas of
Cumberland county
1 Courthouse square
Carlisle, PA 17013
RE: Grant v. Grant, et. al.
94-2642 civil Term
Dear Judge 01er:
Please accept this letter as a request that the conference
in chambers set for December 13, 1994, and the hearing set for
December 15, 1994, be continued generally.
I expect that after the holiday has passed, I will request
that the entire petition will be withdrawn voluntarily, without
the need to proceed to conciliation. By copy of this letter, I
am providing Attorney McKnight with notice of this request.
Thank you for the Court's attention to this matter.
Very truly yours,
LAW OFFICES OF MICHAEL J. HANFT
'i[~~S .
WCV:car
cc (via facsimile):
Marcus A. McKnight, III, Esquire
curtis Grant
bf.1~
DEe 121994
.
ROSE ANN GRANT, .
.
JESSE WALTON and .
.
ROSELLA WALTON, .
.
Respondents .
.
.
.
v. .
.
.
.
CURTIS L. GRANT, .
.
Petitioner .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2642 CIVIL TERM
ORDER OF COURT
AND NOW, this ~,~t day of November, 1995, upon consideration
of Petitioner's Petition For Special Relief And Contempt Of Court,
a hearing is SCHEDULED in this matter for Thursday, December 7,
1995, at 3130 p.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Respondents
william C. Vohs, Esq.
11 West Pomfret Street, Suite 2
Carlisle, PA 17013
Attorney for Petitioner
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ROSE ANN GRANT,
JESSE WALTON AND
ROSELLA WALTON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Petitioner
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this day of , 1995, upon
consideration of PetItIoner's, Curtis L. Grant, Petition for
Special Relief and Modification of Custody, it is hereby directed
that the parties and their respective counsel shall appear before
, the Conciliator, at
on the
day of , 199 at .m., 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. All children age
five or older may also be present at the Conference. Failure to
appear at the Conference may provide grounds for entry of a
temporary or permanent Order.
FOR THE COURT,
By:
custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
ROSE ANN GRANT,
JESSE WALTON AND
ROSELLA WALTON,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
v.
94-2642 CIVIL TERM
.
.
CURTIS L. GRANT,
Petitioner
:
CIVIL ACTION - CUSTODY
PETITION FOR SPECIAL RELIEF AND CONTEMPT OF COURT
AND NOW, this 21st day of November, 1995, comes the
Petitioner, curtis L. Grant, by and through his attorneys, Hanft
& Vohs, and files the following Petition for Special Relief and
contempt of Court:
1. The Petitioner and Respondent, Rose Ann Grant, are the
natural parents of the child corey Lee Grant, born April 29,
1989.
2. The Respondents, Jesse E. Walton and Rosella Walton, are
the maternal grandparents of said child.
3. On August 31, 1994, the Honorable J. Wesley Oler, Jr.,
entered an Order, inter alia, granting joint legal custody and
shared physical custody of the child. A true and correct copy of
the Order (hereinafter "Court Order"), is attached hereto and
made part hereof and marked exhibit "A".
4. Pursuant to the Court Order, the Petitioner has physical
custody of the child each Christmas/New Year's season from the
beginning of the child's Christmas/New Year's vacation until it's
conclusion, See Exhibit "A" paragraph 2A.
5. Pursuant to the Court Order, Respondent, Rose Ann Grant
shall be responsible for payment of transportation and cost
associated with Petitioner's period of custody. See Exhibit "A"
paragraph 3.
6. Corey Lee Grant's Christmas/New Year's vacation begins
on Thursday, December 21, 1995, and ends on Tuesday, January 2,
1996.
7. On Sunday, November 12, 1995, Respondent/Mother
contacted Petitioner's parents and informed them that the first
available flight was on Sunday, December 24, 1995 (Christmas
Eve) .
8. As of this date, there is still available seating on
Flight #1461 Northwest, departing Harrisburg on December 22,
1995, at 6:50 a.m. to Detriot, Flight #929 from Detriot to
Honolulu, and Flight #545 from Honolulu to Kauai.
9. Petitioner believes that there are also other flights
available through other airlines.
10. The same type of problem arose in this matter last year
concerning the Christmas visit, and Petitioner was forced to file
a similiar Petition to resolve that.
11. Respondent/Mother has also relocated, contrary to the
Order of Court, dated August 31, 1994, without any notice to
Petitioner.
12. Respondent/Mother has refused, and continues to refuse,
to disclose her new address and telephone number, thus preventing
Petitioner fro~ communicating with his son, and in violation of
the Order of Court dated August 31, 1994.
2
13. Respondent has never provided Petitioner with any
notice, let alone the thirty (30) days written notice of the
change in her residence pursuant the Court Order.
14. Respondent, Rose Ann Grant, is in direct and willful
violation of the Court Order entered by this Honorable Court on
August 31, 1994.
15. Petitioner believes and therefore avers that a pattern
of contempt of the Court's Order have developed and will continue
unless the Respondent/Mother is held in contempt of court, and to
pay the reasonable attorney's fees and costs of Petitioner
incurred to enforce the Court's Orders.
16. Petitioner has and will continue to incur substantial
costs and fees to enforce his rights as provided for in the Court
Order.
WHEREFORE, Petitioner, curtis Grant, respectfully request
this Honorable Court to enter an Order for Special Relief
directing Respondents to deliver the child, Corey Lee Grant, to
Petitioner in the State of Hawaii on December 22, 1995, and to
pick the child up on January 1, 1996.
Further, the Petitioner prays this Honorable Court will
modify the August 31, 1994 Order to allow the child, corey Lee
Grant, to spend the school months in the state of Hawaii with
Petitioner, and provide Respondent Rose Ann Grant with summer
visitation at Respondent's expense.
3
Further, the Petitioner prays this Honorable Court will hold
Respondent Rose Ann Grant in contempt of the Order of Court dated
August 31, 1994, and award Petitioner his actual costs and
attorney's fees incurred as a result thereof.
Respectfully submitted,
Dated: l'J!t(lf~
~
W am C. Vohs, Esqu re
Attorney ID No. 65208
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
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ROSE ANN GRANT,
JESSE E. WALTON AND
ROSELLA WALTON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: 94-2642 CIVIL TERM
CURTIS L. GRANT,
Defendant
:
CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 31st day of August, 1994, upon
consideration of the custody complaint in the above-captioned
matter, and following a hearing, it is ORDERED and DIRECTED with
respect to the parties' child, Corey Lee Grant, born April 29,
1989, as follows:
1. The parties shall have joint legal custody of the
child.
2. The parties shall have shared physical custody of
the child as follows:
A. Father shall have physical custody of the
child each summer from the beginning of the child's summer
vacation until its conclusion; in addition, Father shall have
physical custody of the child each Christmas/New Year's season
from the beginning of the child's Christmas/New Year's vacation
until its conclusion.
B. Mother shall have physical custody of the
child during the remaining part of the year except as the
parties shall otherwise agree.
;
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,
.
3. Mother shall be responsible for payment of
transportation costs associated with Father's periods of
custody.
This Order is premised upon Mother's actual residence
with her parents. Mother shall provide father with thirty days'
written notice in advance of a change in her residence in that
regard, and such a change shall be considered a change of
circumstances warranting review of this Order upon petition of
Father.
By the Court,
J
Marcus A. McKnight, rII, Esquire
Counsel for Plaintiffs
VWilliam C. Vohs, Esquire
Counsel for Defendant
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JESSE WALTON and .
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.
Respondents .
.
I
v. .
.
.
.
CURTIS L. GRANT, .
.
Petitioner .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2642 CIVIL TERM
ORDER OF COURT
AND NOW, this '1 tl. day of December, 1995, upon agreement of
counsel, the hearing previously scheduled for December 7, 1995, on
Petitioner's Petition For Special Relief And Contempt Of Court is
hereby CONTINUED GENERALLY.
BY THE COURT,
J.
Marcus A. McKnight, III,
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Respondents
William C. Vohs, Esq.
11 West Pomfret Street,
Carlisle, PA 17013
Attorney for Petitioner
Esq.
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ROSE ANN GRANT,
JESSE E. W ALTON and
ROSELLA W ALTON,
Petitioners
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this \Cf day of~( 1998, in consideration of the attached
petition, it is hereby directed that the parties and their respective counsel appear before Hubert X.
Gilroy, Esquire, the conciliator, at 4 North Hanover Street, Carlisle, PeMsylvania, on the \()
day of h.-wrrtll'\ 1998 at ~ A.M. for a Pre-hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute; or if this CaMot 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 this conference may provide grounds for entry of a temporary or permanent order.
By the Court,
_p\\\0Je~'X ~.~~
Custody Conciliator ( .')
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 OFFICI<: SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
4 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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AMERICAN WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For infonnation 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.
4.
Petitioners desire additional physical custody of Cory Lee Grant during the summer in order for
him to be prepared for school each fall. In addition, the petitioners seek that the cost of transferring Cory
to Hawaii for periods of custody with the respondent be paid by the respondent.
5.
The best interests and permanent welfare of the child require that additional physical custody of
the child be granted to the petitioners.
WHEREFORE, petitioners. Rose Ann Grant, Jesse E. Walton and Rosella Walton, his wife,
respectfully request that they be awarded additional physical custody of Cory Lee Grant, as provided
herein, with periods of custody to respondent as the parties agree.
Respeetfully submitted,
IRWIN, MeKNIGHT & HUGHES
By:
60 e
Carlisle, Penosylvanla 17013-3212
(717) 249-2353
Supreme Court 1.0. No. 25476
I~"
Date: Oetober ~ 1998
EXHIBIT "A"
ROSE ANN GRANT,
JESSE E. WALTON AND
ROSELLA WALTON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
.
.
v.
: 94-2642 CIVIL TERM
.
.
CURTIS L. GRANT,
Defendant CIVIL ACTION - CUSTODY
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 31st day of August, 1994, upon
consideration of the custody complaint in the above-captioned
matter, and following a hearing, it is ORDERED and DIRECTED with
respect to the parties' child, Corey Lee Grant, born April 29,
1989, as follows:
1. The parties shall have joint legal custody of the
child.
2. The parties shall have shared physical custody of
the child as follows:
A. Father shall have physical custody of the
child each summer from the beginning of the child's summer
vacation until its conclusion; in addition, Father shall have
physical custody of the child each Christmas/New Year's season
from the beginning of the child's Christmas/New Year's vacation
until its conclusion.
B. Mother shall have physical custody of the
child during the remaining part of the year except as the
parties shall otherwise agree.
3. Mother shall be responsible for payment of
transportation costs associated with Father's periods of
custody.
This Order is premised upon Mother's actual residence
with her parents. Mother shall provide father with thirty days'
written notice in advance of a change in her residence in that
regard, and such a change shall be considered a change of
circumstances warranting review of this Order upon petition of
Father.
By the Court,
J
\ii Marcus A. McKnight, III, Esquire
Counsel for Plaintiffs
William C. Vohs, Esquire
Counsel for Defendant
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~ - Yrolh!lnotary
VERIFICATION
The foregoing Petition is based upon information which has been gathered by our counsel
and us in the preparation of this action. We have read the statements made in this document, and
it is true and correct to the best of our knowledge, information and belief, We understand that
false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
.---
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ROSELLA WALTON
Date:~"i998
....
ROSE ANN GRANT,
JESSE E. WALTON AND
ROSELLA WALTON,
Plain~f,
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANJ:A
.
.
.
.
10 ~5 ~H '9~
..} .;[94-2642 CIVIL TERM
.; ,. ,:.~ ,~r,,,,
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. .:'."CIVIL ACTION - CUSTODY
v.
'J;
CURTIS L. GRANT, " .
Defendant~"
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 31st day of August, 1994, upon
consideration of the custody complaint in the above-captioned
matter, and following a hearing, it is ORDERED and DIRECTED with
respect to the parties' child, Corey Lee Grant, born April 29,
1989, as follows:
1. The parties shall have joint legal custody of the
child.
2. The parties shall have shared physical custody of
the child as follows:
A. Father shall have physical custody of the
child each summer from the beginning of the child's summer
vacation until its conclusion; in addition, Father shall have
physical custody of the child each Christmas/New Year's season
from the beginning of the child's Christmas/New Year's vacation
until its conclusion.
B. Mother shall have physical custody of the
child during the remaining part of the year except as the
parties shall otherwise agree.
- .
'.
3. Mother shall be responsible for payment of
transportation costs associated with Father's periods of
custody.
This Order is premised upon Mother's actual residence
with her parents. Mother shall provide father with thirty days'
written notice in advance of a change in her residence in that
regard, and such a change shall be considered a change of
circumstances warranting review of this Order upon petition of
Father.
By the Court,
J
Marcus A. McKnight, III, Esquire
Counsel for Plaintiffs
William C. Vohs, Esquire
Counsel for Defendant
:slr
ROSE ANN GRANT,
JESSE E. WALTON AND
ROSELLA WALTON,
Plaintiffs
I IN THI COURT or COMMON PLBAS OF
I CUMBIRLAND COUNTY, PBNNSYLVANIA
I
I
I
I 94.2642 CIVIL TIRM
I
I
I CIVIL ACTION - CUSTODY
v.
CURTIS L. GRANT,
Defendant
ORDER or COURT
AND NOW, this 31st day of August, 1994, upon
consideration of the Defendant's objection to the testimony of
Jessica Hart, on the ground that a copy of a report from Ms.
Hart was not furnished to his counsel at least five days prior
to the hearing date herein, the objection is sustained to the
extent that the witness will not be permitted to express
opinions of an expert nature. She will be permitted to testify
as a fact witness as to observations of a physical nature which
she made concerning the child and her mother and grandparents.
By the Court,
J
Marcus A. McKnight, III,
Counsel for plaintiffs
Isquire ')
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William C. Vohs, Isquire
Couns~for,.nefendant
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ROSE ANN GRANT,
JESSE E. WALTON and
ROSELLA WALTON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
NO. 94-2642 CIVIL
IN CUSTODY
CURTIS L. GRANT,
Defendant
COURT ORDER
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AND NOW, this J day of May, 2000, the Conciliator being advised that the parties have
reached an agreement, the Conciliator relinquishes jurisdiction.
BY THE COURT,
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ROSE ANN GRANT,
JESSE E. W ALTON, and
ROSELLA WALTON,
Petitioners
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of M 2'1 ,2000, upon consideration of the attached
Stipulation, custody of the minor child,~ LEE GRANT, born April 29, 1989 is as
follows:
I.
The parents will have joint legal custody of the Corey Lee Grant.
2.
The mother, Rose Ann Grant, will have primary physical custody of Corey Lee Grant.
3.
The father, Curtis L. Grant, will have periods of temporary physical custody of Corey Lee
Grant as follows:
Each summer vacation would be thirty (30) days beginning one (I) week after school
ends. This year school ends on June 8, 2000. On or about June 15, 2000, Corey would
travel to Hawaii and return to Pennsylvania on Friday, July 14,2000.
4.
Mother will cover Corey Lee Grant on her insurance,
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ROSE ANN GRANT,
JESSE E. WALTON, and
ROSELLA WALTON,
Petitioners
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
.
.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Respondent
.
.
.
.
IN CUSTODY
CUSTODY STIPULATION
AND NOW, this 22 day of ~ ' 2000, thc partics, ROSE ANN GRANT
and CURTIS L. GRANT, hcreby enter into thc following Custody Stipulation regarding their
minor child, COREY LEE GRANT:
I.
The natural mother is Rose Ann Grant, an adult individual who resides at 14 Shirley
Lane, Boiling Springs, Pennsylvania 17007.
2.
Thc natural fathcr is Curtis L. Grant, an adult individual residing at 5031 Halcilio Road,
Kapaa, Hawaii 96746.
3.
Thc parties arc the parents of Corey Lee Grant who was born April 29, 1989.
2
4.
The parties have agreed to share legal physical custody of their minor child, Corey Lee
Grant.
5.
The parties have agreed to share physical custody of their minor child, Corey Lee Grant,
as follows:
Each summer vacation would be thirty (30) days beginning one (I) week after school
ends. This year school ends on June 8, 2000. On or about June 15, 2000, Corey would
travel to Hawaii and return to Pennsylvania on Friday, July 14,2000.
6.
Mother will cover Corey Lee Grant on her insurance.
Intending to be legally bound, the parties enter their hands and seals the date first set forth
above.
WITNESSETH:
(SEAL)
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CURTIS L. G NT
(SEAL)
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ROSE ANN GRANT AND ROSELLA
WALTON
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
94-2642 CIVIL ACTION LAW
CURTIS L. GRANT
DEFENDANT
IN CUSTODY
ORDER OF COlJ)n
AND NOW. Friday, June 06, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respcctivc counscl appcar beforc Hubert X. Gilroy, Esq. , the conciliator,
at 4tb Floor, Cumberland County Courthouse. Carlisle on Thursday, July 17,2003 at 9:30 AM
for a Pre-Hearing Custody Conferenee. At such confcrcncc. an cffort will be made to resolve the issues in dispute: or
if this eannot be aecomplished, to define and narrow thc issucs to bc hcard by the court. and to enter into a temporary
order. All children aAe five or older may also bc prcscnt atthc confcrence. Failure to appear at the conference may
provide grounds for entry of a temporary or pcrmancnt ordcr.
The eourt hereby directs the parties to furnish any and all exlstln~ Protection from Abuse orders.
Special Rcllef orders, and Custody orders to the conclllator 48 hours prior to scheduled hcarlnll.
FOR THE COURT.
By: Isl
Hilbert X, GilrQJI, Esq.
Custody Conciliator
v
The Court of Common Pleas ofCumbcrland County is rcquired by law to comply with the
Amerieans with Disabilites Act of 1990, For inlonnation about acccssible faeilitics and reasonable
accommodations available to disabled individuals having busincss bclilrc thc court, pI case contact our officc.
All arrangcments must be madc at least 72 hours prior to uny hearing or business before the court, You must
attend the seheduled conference or hcuring,
YOU SHOULD TAKE TillS PAPER TO YOUR AITORNEY AT ONCE, IF YOU DO NOT
HAVE AN A lTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Strcet
Carlisle. Pennsylvania 17013
Telephllne (717) 249-3166
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ROSE ANN GRANT and
ROSELLA W ALTON,
Petitioners
(j
HAY 30 Z003 P
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this day of ,2003, upon consideration of the
attached petition, it is hereby directed that thc parties and their respcctive counsel appear
before Esquire, the conciliator, at
, on the _ day of , 2003
at _ . M. 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. All children age five or older may
also be present at the conference. Failure to appear at this conference may provide grounds for
entry of a temporary or permanent order.
By the Court,
By:
Custody Conelllator
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 A venue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
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 scheduling conference or hearing.
2
ROSE ANN GRANT and
ROSELLA WALTON,
Petitioners
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
94-2642 CIVIL TERM
CURTIS L. GRANT,
Respondent
IN CUSTODY
PETITION FOR MODIFICATION
OF CUSTODY
AND NOW, this 27th day of May 2003, comes the Petitioner, Rose Arm Grant, by her
attomeys, Irwin, McKnight and Hughes, and presents the following Petition for Modification of
Custody.
I.
The Petitioner is Rose Arm Grant, an adult individual who reside at 14 Shirley Lane,
Boiling Springs, Cumberland County, Pennsylvania 17065,
2.
The Respondent is Curtis L. Grant, an adult individual who reside at 5031 Haleilio Road,
Kapsa, Hawaii 96746.
3.
The parties are the natural parents of one minor child, namely, Corey Lee Grant, born
April 29, 1989.
4.
Corey Lee Grant is now fourteen (14) years of age, and no longer desires to travel to
Hawaii. The last several visits, the Respondent has gone to work and left him alone for long
periods of time.
3
S.
The best interest of said minor child, Corey Lee Grant, requires that the court grant the
Petitioners' request as set forth above.
WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking that
she be permitted to let the decision on whether to travel to Hawaii be decided each year by Corey
Lee Grant.
Respectfully submitted,
By:
Date: May 27, 2003
4
.
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JUL 2 1 2003
c.
ROSE ANN GRANT and
ROSELLA W ALTON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION. LAW
CURTIS L. GRANT,
Defendant
NO. 1994-2642 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this 22"jday of July, 2003, upon consideration of the attached Custody
Conciliation Report, It Is ordered and directed that this court's order of May 24, 2000 Is
modIfled such that Paragraph 3 Is removed and replaced with the following:
3. The Father, Curtis L. Grant, will have periods of temporary physical custody
with the minor child Corey L. Grant, born April 29, 1989 at such times and
under such circumstances as the parties may agree. The Plaintiffs are
encouraged to be flexible with Father In arranging visitation subject, however,
to the child's summer activity schedule and the Father's work schedule.
In all other respecls, this court's prior order of May 24, 2000 shall remain in effect.
BY THE COURT,
J.
cc: 41arcus A. McKnight, Esquire
.-Curtis L. Grant
5031 Halello Road
Kapaa, HI 96746
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07- :1..4-03