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Home My WebLink About94-05589 'i o ~ . - ~ (.. \.9 . -7 11 ~ J I \ cr 00 \.() , t() I ':::I- 0-: / .1 Z 601 03 1$1 (:Ie!...- I , , VICTORIA C. CJlAUOIlD, Plaintiff III TB. COURT OW COKXOII PLaAS CUNBDLAND cotnrrY, PDDlSYLVUfIA 110. QLf-.?S"87 CWd T~ V. I I I I I I I CIVIL ACTIOII - CUSTODY IIICBOLAS D. GRAVIANO, Defendant ORDER AND IIOW, this ~ day of () C f c) bt' /' , 1994, upon consideration of the attached Complaint, it is hereby directed that the parties and their respe.c. t;ive counsel appe~ before S K""......{ L. /1""'-" ~, s ;) S' f\I , G) 1" ~ f . l e-h'lc'Y M' I"/J the conciliator, at 41:1\ l"lvv<, l.:um.lJer J.an<1 Cvtll.l!y ~o'lrt:J:i9'11l9 on the ~ day of tl. 0 IIh", lot,.. L-f f-1a,., for , 1994, at a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THB COURT. 4~,uL~ A-~ i..~'. JI~) 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, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 Oc1 6 ~ 32 rt\ '9'l ~; l~ CL~\;, r::~ ., or,!;I. (~'" -p..14.Y i( 'i i VICTORIA C. CRAWfORD, Plaintiff i I I I I I I I i I IN TUB COURT or COKKON PLBA8 ! CUKBDLAND Comrry, PDlNSYLVANU : ". .11 -r-~I NO. 6/l:f-SSSi ~,~ I I I v. I I I I I I I CIVIL ACTION - CUSTODY NICHOLAS D. ORAVIAHO, Defendant ORDER AND NOW, this day of , 1994, upon consideration of ths Complaint to confirm Custody, it is hereby ORDBRBD and DBCREBD that: A. Mother is awarded primary physical and legal custody of the minor child; B. A home study shall be performed on Defendant's residence at 3885 South Francis Road, Lot B, st. Augustine, Florida 32092; C. Defendant shall be subject to a psychological evaluation and shall be further evaluated with regard to his fitness to exercise periods of temporary custody; D. supervised visitation with the minor child shall occur in Pennsylvania for a period of no less than six (6) months and no overnight visitation shall occur for the same period until Defendant has been reintroduced to the minor child in accordance with the directions of a psychologist; and E. All costs for visitation with the minor child are sole responsibility of Defendant. BY THE COURT I J. 41."~:"'OUU,.."COMI'I...AMPOllctJSTOUYI~11,1?M ' VICTORIA C. CU1fJ'OJU), I IN ft. COUll" OJ' COJOCON PLD.8 PI.bUff I C1JJOIlaLUD COmrry, PDDl8YLVUIA I NO. 4',/. 5 f f9 Qi.,.J t:L...-... v. I I NICllOLAJI D. OnVIAJrO, I Defendant I CIVIL ACTION - CUSTODY COMPLAINT TO CONFIRM CUSTODY 1. The Plaintiff is Victoria C. Crawford, residing at 211 susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Nicholas D. Graviano, residing at 3885 South Francis Road, Lot B, st. Augustine, Florida 32092. 3. Plaintiff seeks to confirm custody of the following child: Anthony Kyle Graviano, presently residing at 211 Susquehanna Avenue, Enola, Cumberland county, Pennsylvania 17025, date of birth August 17, 1986. The child was not borne out of wedlock. The child is presently in the custody of Victoria C. crawford, who resides at 211 Susquehanna Avenue, Enola, Cumberland county, Pennsylvania 17025. During the past five years, the child has resided with the following persons and at the following addresses: .. Mother/Stepfather, 211 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025, 5/94 to present. b. Mother/stepfather, 4946 Lancer street, Harrisburg, Dauphin County, Pennsylvania, 4/92 - 5/94. c. Mother/Stepfather, 181 Beacon street, Harrisburg, Dauphin County, Pennsylvania, 5/91 - 4/92. 4. Mother/Stepfather, 1953 Columbia Pike, Apt. 21, Arlington, Virginia, 12/90 - 5/91. e. Mother/Stepfather, Mandan Road, 1202, Greenbelt, Maryland, 3/89 - 11/90. The Mother of the child is Victoria C. Crawford, currently residing at 211 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. She is married. The Father of the child is Nicholas D. Graviano, currently residing at 3885 South Franc~s Road, Lot B, st. Augustine, Florida 32092. He is divorced. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Kenneth Crawford, Husband; Anthony Graviano, Son. 5. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: Name unknown female, girlfriend. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The Court, term and number and it. relationship to this action: Circuit Court for Prince George's county.;~ ,..z,'it : -;'~l;J;i{ . Maryland, Case Number CAD 88-06574, Victoria C. (Graviano) Crawford ~~. .~;:;:~'t Nicholas Dean Gravidno. On December 14, 1988, a Judgment Divorce was entered by the subject Court. This Order provided, - 2 - AliA, that Mother would be awarded legal and primary physical custody of the minor child and that reasonable rights of visitlltion would be granted to Defendant. The parties have never followed this visitation schedule. Father has initiated an action in the subject Court for contempt. However, neither party resides in Maryland and has not resided in that state since 1990. All significant contacts lie with the Commonwealth of Pennsylvania. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The parties were married on April 4, 1986. b. The minor child was born on August 17, 1986. c. The parties separated on April 21, 1987 when the minor child was 8 months old. The parties have since divorced. d. On December 14, 1988, the Circuit Court for Prince George's County, Maryland, entered a Judgment of Absolute Divorce which provided, inter AllA, for reasonable rights of visitation to Defendant. e. since that time, Defendant has exercised only sporadic contact with the minor child. f. Defendant has not seen nor contacted the child since at least May, 1989, a period in excess of five (5) years. - 3 - 9. On September 14, 1992, the minor child was adopted by his steptather, Kenneth S. Crawtord. b. The adoption was subsequently set aside by The Honorable Warren G. Morgan, Senior Judge, Dauphin County. i. Unrestricted visitation with Detendant would psychologically traumatize the minor child and impair his growth and development. j. Detendant has not exercised his rights ot visitation with the minor child during the past tive (5) years and has never attempted to regularly support the minor child. g. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREI'ORE, Plaintiff respectfully requests this Honorable Court issue an Order directing that: A. Mother is awarded primary, physical and legal custody ot the minor child. B. A home study be performed at Defendant's residence at 3885 South Francis Road, Lot B, st. Augustine, Florida 32092; C. Defendant be subject to a psychological evaluation and be further evaluated with regard to his fitness to exercise periods ot temporary custody; - 4 - D. Supervised visitation with the minor child and Defendant occur for a period of no less than six (6) months and no overnight visitation occur for the same period until Defendant has been reintroduced to the minor child in accordance with the directions of a psychologist; and B. All costs for visitation with the minor child be the sole responsibility of Defendant. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: 9 /'2. ~/4l--L ( ( BY: Attorneys for Plaintiff - 5 - ~~ . l '-.;> ~~ ~ 't 1 ~ (C" .) J..l.... .; .(J ul '9~ :J ',:) \j\ -:J Cllr) ::r- ~ " ji'f , \-n C) -t- ~..s f! .., Vl .::}- l;lJ -- - r,{' ,:j~ t }J ) it it, ~J l'l ~ . . W Q ~ ~ r: ... w_ ... ~ ~ ~ ... -J .. z Ie <II <l _ o~z~~ !..,~~~ . > Z N I W :t Z t:' 1:1 z ~ au ;:: II a:~a._ ... 0 z ~ ~,.. Ii .; < a; ~ .. '" III : i I: II: Z ~ , -- DEe 0 5 199~ VICTORIA C. CRAWPORD. ) IN THB COURT OF COMMON PhintiU ) PLHAS OP CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-5589 CIVIL TERM . NICHOLAS D. GRAV IANO , ) Defendant ) CUSTODY AND NOW, th is ~ ~daY of ORDO ~. , 1994, upon receipt of the ,conciliator's report, it appearing that the parties have agreed to the ter.s and provisions of this order which was dictated in their presence and approved by the. and their counsel, we hereby order as follows: 1. Primary physical custody of the child. Anthony Kyle Graviano, born August 17, 1986, shall continue in his mother, the Plaintiff, Victoria C. Crawford, pending further order of this court. 2. The father of the child, the Defendant, Nicholas D. Graviano. shall have and enjoy such periOdS of temporary or partial custody with the child as the parties .ay agree, with the assistance and guidance of Jessica Hart of Guidance Associates to assist them in devising a schedule of such temporary or partial custody. At the , present time the parties contemplate that the father, who has not been in contact .itk . the child for some time. will have at least three periods of contact with the child Pennsylvania. probably not involving overnight contact, between now and June ot 1995 and that, some time in probably June of 1995 the child will spend a weekend or a IGlf weekend in the father's custody in Florida and, later in the su_er of 1995, the eli... will spend approximately a week in the father's custody in Florida. However, the parties outline this only as their present contemplation and they agree to be 1 ... the best interests of the child and to work with Jessica Hart in hslping to plan a schedule which will operate in the best interests of the child. 3. Each party will notify the court and the other party, by certified mail, in the event of any change in their resident address. The notice to the court shall be sent to the conciliator in this matter. 4. The father shall pay the first $150.00 of the fees payable to Guidance Associates for work with Anthony in this matter, beyond the charges paid by the HMO available through the mother's husband's employment. Any and all expenses of Guidance Associates in excess of $150.00 beyond the HMO payments shall be divided equally , between the parties until further order of this court. 5. The father shall pay Anthony's travel expenses for any trips to Florida at least through the end of August, 1995. The parties will attempt to agree on ths , division of any other costs incurred in the implementation of this order. 6. Pending further order of this court, legal custody of the child is hereby awarded to the mother, Victoria C. Crawford, primarily because of the father's 41st' from the child and the uncertain nature of the custody schedule to be worked out _I parties. The mother, however, shall keep the father advised of the child's pr09~~.c school, his schedule of activities, and other matters relating to the child and s~l~ consult with the fathe" before making any significant decisions about the hea1thcar education, or reliqious upbringing of the child until further order of this court,"; 7. The father shall have reasonable telephone contact with Ant~ony. contemplate that will be, at least for the first several months after this least once a week but, again, the parties will firm that up by their agreement and wl1~ consult Jessica Hart to establish a particular parameter for the telephone contact. 2 I I .. t ,'. f , i S. The partie. ara directed to appear betore the conciliator in this .atter, at 'his office at ~2~ North 12th 8trewt in Le.oyne. Pennsylvania, for a further confarence 'on Tuesday, tha 7th day of March, 1995, at 1:00 o'clock p.M. The parties May, by !;- Mutual agreeMent, cancel that conference If they believe It is not necessary to further the purposes ot this ~rder at that tiMe. 9. The parties are currently Involved In a custody action before the Circuit ,Court for Prince George's County, Maryland. We have no Jurisdiction over that action, , but this order is entereu with the understanding that the hearing in that Matter which 'is now scheduled for Karch or April of 199~ will, by agreeMent of the parties, be postponed until June of 199~ or later. , By the Cour , J. , I ,John W. Pr~er, Esquirs [Attorney for Plaintiff i iJobn W. Purcell, Jr., Esquire 'Attorney for Defendant ~",...........,(,.J.. /~ "/,,.,... .d.,} c <=> rn .., c.;,;";, ," '" CA> ,,, <.:> -0 ::.: . . .. .. ... -<-< . LA:> J;;.. sla 3 'VICTORIA C. CUWPORD, I IN THB COURT OF COKHON Plaintiff I PLBAS or CUlfBBRLAND I COUNTY, PENNSYLVANIA vs. I I NO. 94-5589 CIVIL TBRM NICHOLAS D. GRAVIANO, I Defendant I CUSTODY JUDGB PREVIOUSLY ASSIGNBD: None CONCILIA'IOl CONl'IlRIlNCIl SW.tnY RBPOI'l' IN ACCORDANCB ~ITH CUMBBRLAND COUNTY RULB OF CIVIL PROCBDURB 19l5.3-S(bl, the 'undersigned Custody Conciliator sub.its tbe fOllowing report: 1. Tbe pertinent infor.ation concerning the child who is the SUbject of this litigation is as follows: NAMB Anthony Kyle Graviano BIRTHDATB CUIlRBNTLY IN CUSTODY OF Plaintiff/Mother 17 August 1986 1. A Conciliation Conference was hsld on 16 November 1994 and the following hdividuals were present: the Plaintiff and her attorney, John W. FrOMer, Bsquire: the Defendant and bis attorney. Jobn W. Purcell, Jr., Bsquire. 3. Tbis case bas a strange history. Tbe fatber apparently lost contact with the ~ther and the cbild for several years, during which time the mother's new husband adopted tbe child. That adoption was accomplished without proper notice to the and, in tbe SUMer of 1994, tbe Court of Coamon Pleas of Dauphin County vacated the adoption decree so that the Defendant continues to be the father of the child. Unfortunately, that has created some real complications for the parties, and particularly for tbe child. since he believed that the mother's new husband had hi. for several years prior to them appearing before me. In addition, of course, is the proble. created by the fatber not seeing the child for several years. 4. These problems are all further aggravated by the fact that the father now lives in P10rida and it is difficult for him and the child to get together with any f,equency. 5. The matter was made still worse by the father taking action in Haryland in an effort to enforce a custody order entered there are the time of the parties' divorce many years ago. At the time the parties appeared before as there was a hearing scheduled in Harch or April of 1995, in Haryland, on the father's petition to enforce that ordsr with sanctions. 6. The parties and their attorneys worked very wisely at resolving these problems and, by the time thsy met with me at the conference, they had already met with a psychologist they had both agreed to use to help them address the problems. That psychologist had made a specific recoamendatio3 about a schedule of contacts between father and child, over the next six to nine months, which should accomplish an I effective reintroduction between them. The recOMMendation of the psychologist led them to the agreement which is incorporated into the order which I dictated in their presence. 7. The order to which the parties agreed requires them to continue to coopsrate with, and accept the guidance of, the psychologist and gives them a good bit of flexibility. They also tentatively scheduled another conference before me in sarI! 'Harch so that, if real progress is not being made, each party has the right to take this matter back before the court for review. Hopefully the parties will be able work out their differences and the conference before me will not be necessary. If not, we at least have the date reserved. 8. With ths entry of the Itta~hed order, no further action by ths court i. necsssary at this ti.e. ~ Decellber 1994 .~ Custody Conciliator ":;_h~i,:-t."J VICTORIA C. CRAWFORD, J IN THB COURT OF COKHON ,! Plaintiff ) PLEAS OF CUMBBRLAND .. J COUNTY, PENNSYLVANIA '. , ) Ii VS. IINICHOLAS ) NO. 94-5589 CIVIL TBRM D. GRAVI~.NO, ) Defendant ) CUBTODY II " ORDIlR AND NOW, this day of , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and !provisions of this order which was dictated in their presence and approvsd by them and Itheir counsel, we hereby order as follows: 1. Primary physical custody of the child, Anthony Kyle Graviano, born August 17, 1986, shall contiuu~ in his mother, the Plaintiff, Victoria C. Crawford, pending further order of this court. ~. The father of the child. the Defendant, Nicholas D. Graviano, shall have and I enjoy such periodS of temporary or partial custody with the child as the parties may agree, with the assistance and guidance of Jessica Hart of Guidance Associates to I assist them in devising a schedule of such temporary or partial custody. At the lipresent time the parties contemplate that the father, who has not been in contact with I'the child for some time, will have at least three periodS of contact with the child in ,I IlpennsYlvania. probably not involving overnight contact, between now and June of 1995 Iland that, some time in probably June of 1995 the child will spend a weekend or a long Ijweekend in the father's custody in Florida and, later in the summer of 1995, the chi14 "will spend approximately a week in the father's custody in Florida. However, the : parties outline this only as their present contemplation and they agree to be boun4 ), 1 , the best interests of the child and to work with Jessica Hart in helping to plan a . schedule which will operate in the best interests of the child. 3. Each party will notify the court and the other party, by certified m~il, in the event of any change in their resident address. The notice to the court shall be : isent to the conciliator in this matter. I 4. The father shall pay the first $150.00 of the fees payable to Guidance IAssociates for work with Anthony in this matter, beyond the charges paid by the HHO lavailable through the mother's husband's employment. Any and all expenses of Guidance !Associates in excess of $150.00 beyond the HHO payments shall be divided equally II I'between the parties until further order of this court. , , 5. The father shall pay Anthony's travel expenses for any trips to Florida at least through the end of August, 1995. The parties will attempt to agree on the division of any other costs incurred in the implementation of this order. 6. Pending further order of this court, legal custody of the child is hereby I ,I , I' I'awarded to the mother, Victoria C. Crawford, primarily be~ause of the father's distance Ilfrom the child and the uncertain nature of the custody schedule to be worked out by the I, iiparties. The mother, however, shall keep the father advised of the child's progress in lischool, his schedule of activities, and other matters relating to the child and shall , . :,consult with the father before making any significant decisions about the hea1thcare. I, , I :'education, or religious upbringing of the child until further order of this court. !I 1. The father shall have reasonable telephone contact with Anthony. The parti.. Ii Ilcontemp1ate that will be, at least for the first several months after this order, at '11east once a week but, again, the parties will firm that up by their agreement and Iconsult Jessica Hart to establish a particular parameter for the telephone contact. 2 8. The parties are directed to appear before the conciliator in thi. matter, at I I his office at ~2~ North 12th Street in Lemoyne, Pennsylvania, for a further conference Ion Tuesday, the 7th day of Harch, 199~, at 1:00 o'clock p.m. The parties may, by I Ilmutua1 agreement, cancel that conference if they believe it is not neceasary to further I I the purposes of this order at that time. 9. The parties are currently involved in a custody action before the Circuit Court for Prince George's County, Haryland. We have no jurisdiction over that action, but this order is entered with the understanding that the hearing in that matter which is now schedu1sd for Harch or April of 199~ will, by agreement of the parties, be postponed until June of 199~ or later. By the Court, J. John W. Pr~sr, Esquire Attorney for Plaintiff \~ John W. Purcell, Jr., Esquire Attorney for Defendant I ala I , ~ i 3 ~ ~ :.r. ... ~ < ~ ~ ~ E ~ r1.I fo ~ ~ g ;t. .( ~ >- :E ~ I: 2 ~ ~ ~ ~ cl ~ < III = ~ '" . 0 Iii _ .... fo 0 '" !Ii ~:r. ~ ~ ~ 0 A " ;ll ~ ~ -< . . . D~C 0 5 199~_ OCT 101995 -r-'- VICTORIA C. CRAWFORD, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) CIVIL ACTION. LAW NICHOLAS D. ORA VIANO, ) Defendants ) NO. 94-5589 CIVIL TERM ORDER AND NOW this 5th day of October 1995. neither of the parties having requested any further proceedings before me for some time, and the file being entirely inactive for at least thirty days. I hereby relinquish jurisdiction of this case and return the matter to the Court Administrator for further prceedings as may be appropriate. FOR THE COURT s~ ~ . >-- .r:- .f' ~: ,. 4. ~~ ..: .... ~ , . .- :r.: e.- m <:l -::r .c = l- U =