HomeMy WebLinkAbout03-0306
BRIAN E. HOFFMAN,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 2003- J6(.. C,u,L ~"l
CIVIL ACTION - LAW
CUSTODY
THELMA 1. HOFFMAN,
Defendant
COMPLAINT FOR PARTIAL PHYSICAL AND SHARED LEGAL
CUSTODY
AND NOW, this 16th day of January, 2003, comes the Plaintiff, Brian E.
Hoffman, by his attorney, Diane M. Dils, Esquire, and respectfully requests the
following:
1. The Plaintiff is Brian E. Hoffman, an adult individual, who currently resides
at 40 W. Green Street, Apartment C, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Defendant, Thelma J. Hoffman, is an adult individual, who currently
resides at 6305 Locust Lane, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
3. Plaintiff and Defendant were previously married, and as a result of said
marriage, two children were born; namely:
Emily A. Hoffman, born July 17, 1993 in Camp Hill, Pa., and
Jacob A. Hoffman, born June 9, 1997 in Hershey, Pa.
4. The parties hereto are currently divorced.
5. There has been no prior action for custody or visitation of the minor child in
this or any other jurisdiction; however, the an Agreement was entered
between the parties, and said Agreement was made apart of the parties'
Decree in Divorce docketed to No. 01-6621 in the Court of Common Pleas
of Cumberland County, wherein primary physical custody was granted to
Defendant, and Plaintiff was granted partial custody as the parties agreed.
6. Cumberland County has jurisdiction in this matter, as Plaintiff, Defendant,
and the minor children have resided in Cumberland County since 1994.
7. The Plaintiff, Brian E. Hoffman, believes that it is in the best interest of his
children a specific schedule be made an Order of Court for his partial
custody rights as follows:
a. Every other weekend from Friday at 3:00 p.m. until Sunday at 6:00
p.m.;
b. Every Thursday from 3:00 p.m. until 9:00 p.m.;
c. Alternate holidays including Easter, Memorial Day, July 4, Labor
Day, and Thanksgiving;
d. Christmas to be shared between the parties - Segments A and B;
e. Additional time during the weekdays, with Plaintiff giving pnor
notification to the Defendant;
f. Vacation time during the summer months.
WHEREFORE, Plaintiff, Brian E. Hoffman, respectfully requests Your
Honorable Court to grant him partial physical custody of his children.
Respectfully submitted,
. I
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I Diane M:, ils, Esquire
1017 J>f6rth Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
VERIFICATION
I verify that the statements made in this
COMPLAINT
are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Z}z~- ~
Brian E. Hoffman
Date:
January 16, 2003
BRIAN E. HOFFMAN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
03-306
CIVIL ACTION LAW
THELMA J. HOFFMAN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, January 24, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before. Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Monday, March 03, 2003 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this eannot 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 eonference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Melissa P. Greevy. Esq. (,
Custody Conciliator
TIle Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about aceessible faeilities and reasonable
accommodations available to disabled individuals having business before the eourt, please eontact our office.
All aJTangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend thc scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY A l' ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 LibeJiy A venue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-306 CIVIL TERM
CIVIL ACTION - LAW
BRIAN E. HOFFMAN,
v.
THELMA J. HOFFMAN,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this 'T' day of March, 2003, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Leqal Custody. The parties, Brian E. Hoffman and Thelma J. Hoffman, shall
have shared legal custody of the minor children, Emily A. Hoffman, born July 17, 1993, and
Jacob A. Hoffman, born June 9, 1997. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting
the children's general well-being including, but not limited to, all decisions regarding their
health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall
be entitled to all records and information pertaining to the children including, but not limited
to, medical, dental, religious or school records, the residence address of the children and of
the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. Physical Custody. Mother shall have primary physical custody subject to
Father's rights of partial physical custody which shall be arranged as follows:
A. To commence March 14, 2003, on alternate weekends from
Friday at 3:00 p.m. until Sunday at 7:30 p.m.
B. Each Thursday from 3:00 p.m. until 9:00 p.m.
C. Father shall have periods of partial custody during the weekdays
upon a minimum 24 hours notice and the mutual agreement with Mother.
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NO. 03-306 CIVIL TERM
3. Holidavs. Unless otherwise agreed, the parties shall follow the following
schedule for holidays:
A. In odd-numbered years, Father shall have custody for Easter and
Independence Day and Mother shall have custody for Memorial Day and
Labor Day. In even-numbered years, Mother shall have custody for Easter
and Independence Day and Father shall have custody for Memorial Day and
Labor Day.
B. Christmas. Father shall have custody for Christmas each year
on December 25th from 10:00 a.m. until 9:00 p.m.
C. Thanksqivinq. The parties shall share the Thanksgiving holiday
each year in the following fashion: Father shall have custody from 9:00 a.m. to
3:00 p.m. on Thanksgiving Day and Mother shall have custody from 3:00 p.m.
until 9:00 p.m. on Thanksgiving Day.
4. Vacation. Each party shall be entitled to two (2) non-consecutive weeks of
vacation, to include the vacationing parent's custodial weekend. The parties shall provide
each other with a minimum of 30 days advance notice of their intended vacation. In the
event that the parties have scheduled conflicting vacations, the party first providing written
notice of their vacation plans to the other parent shall have choice of the vacation time.
5. Neither party shall do or say anything which may estrange the children from
the other parent, injure the opinion of the children as to the other parent, or hamper the free
and natural development of the children's love and respect for the other parent. Each
parent shall ensure that third parties also comply with this provision during his or her periods
of custody.
6. In the event that Father would want to relinquish a part of his weekend period
of partial custody, prior to contacting a third-party caregiver to care for the children, he shall
contact Mother to offer her the opportunity to spend the additional time with the children.
However, in the event that Mother is not available during that time, it shall be Father's
responsibility to arrange for alternate care.
7. Transportation. Under the present circumstances, where the parties presently
reside approximately a five (5) minute drive apart, Father shall provide all transportation
incident to his periods of partial custody. However, in the event that the parties' residences
do not remain comparably convenient to each other, Father reserves the right to petition to
modify this paragraph of the Order.
NO. 03-306 CIVIL TERM
8. Father shall not take the children to his place of employment and have them in
locations which his employer has designated as places where children are not permitted.
Neither parent will leave the children unattended in the absence of adequate adult
supervision.
BY THE COURT:
Dist: Diane M. Oils, Esquire, 1017 N. Front Street, Har. Isburg, PA 17102
James W. Abraham, Esquire, 2157 Market Street, Camp Hill, PA 17011
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BRIAN E. HOFFMAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 03-306 CIVIL TERM
v.
CIVIL ACTION - LAW
THELMA J. HOFFMAN,
IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Emily A. Hoffman
Jacob A. Hoffman
July 17,1993
June 9, 1997
Mother
Mother
2. A Custody Conciliation Conference was held on March 3, 2003 pursuant to
Father's Petition for Partial Custody filed on January 21, 2003. Present for the conference
were: the Father, Brian E. Hoffman, and his counsel, Diane M. Oils, Esquire; the Mother,
Thelma J. Hoffman, and her counsel, James W. Abraham, Esquire.
3. The parties reached an agreement in the form of an Order as attached.
.3IJD/tJ3 . U~ ~
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:210571
BRIAN E. HOFFMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 03-306 - CIVIL ACTION - LAW
THELMA J. HOFFMAN
Defendant
: IN CUSTODY
WITHDRAWAL OF APPEARANCE
Kindly withdraw my appearance on behalf of Defendant, Thelma J. Hoffman, in the
above-captioned matter.
Date: /()/fJ~ 'f
=-~
James W. Abraham, Esquire
2157 Market Street
Camp Hill, PA 17011
(717) 763-1700
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Defendant, Thelma E. Hoffman, in the above.
captioned matter.
Respectfully submitted,
Date: I(H,), 0'-/
Richard S: Fr'
600 N. Secon Street
Penthouse Suite
P.O. Box 984
Harrisburg, P A 17108
(717) 236-8000
FRIEDMAN & 40, P.
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v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-306
: CIVIL ACTION - LAW
: IN CUSTODY
BRIAN E. HOFFMAN,
Plaintiff
THELMA J. HOFFMAN,
Defendant
PETITION FOR MODIFICATION OF A
CUSTODY AND VISITATION ORDER
1. The Petition of Thelma J. Hoffman respectfully represents that on the 13th
day of March, 2003, an Order of Court was entered for the custody and visitation of the minor
children, Emily A. Hoffman, born July 17, 1993, and Jacob A. Hoffman, born June 9, 1997.
A true and correct copy is attached.
2. The Petitioner, Thelma J. Hoffman, wishes to terminate all periods of
visitation of the Plaintiff/Father, Brian E. Hoffman, for the following reasons;
A. The Plaintiff/Father is expressing a clear preference for Jacob A.
Hoffman, and totally ignoring his daughter, Emily A. Hoffman.
B. The Plaintiff/Father has not visited with either of the children in
accordance with paragraphs 2A and 2B of the Order for well over a year.
C. The Plaintiff/Father has not visited with the children in accordance
with paragraph 3 since the Order was entered.
D. The Plaintiff/Father has not exercised his right to summer vacation
with the children since entry of the initial Order.
E. The Plaintiff/Father is visiting his son, Jacob A. Hoffman, at school
on occasion and refuses to visit with his daughter, both of which are contrary to the best
interests of each of the children.
WHEREFORE, Petitioner requests that the Court modify the existing Order for
custody and visitation because it will be in the best interest of the children, Emily A. Hoffman
and Jacob A. Hoffman.
Respectfully submitted,
FRIEDMAN & KING, P.C.
Date: ~(O,~')
I
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Richard S;Friooman, Esquire
600 N. S~cond Street
Penthous'e Suite
P. O. Box 984
Harrisburg, P A 17108
(717) 236-8000
f/p: hoffman \modification
VERIFICA TION
I, Thelma J. Hoffman, hereby acknowledge that I am the Petitioner in the
foregoing action; that I have read the foregoing Petition for Modification of a Custody and
Visitation Order; and the facts stated therein are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated~lOI;)t.\:h
(, JItJ I*-' C0i--i f'-------
Thelma 1. H9fIin,an )[,
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MAR -I 2 2003 ~
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-306 CIVIL TERM
BRIAN E. HOFFMAN,
v.
CIVIL ACTION - LAW
THELMA J. HOFFMAN,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this } 3 ~ day of March, 2003, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. LeQal Custody. The parties, Brian E. Hoffman and Thelma J. Hoffman, shall
have shared legal custody of the minor children, Emily A. Hoffman, born July 17, 1993, and
Jacob A. Hoffman, born June 9, 1997. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting
the children's general well-being including, but not limited to, all decisions regarding their
health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall
be entitled to all records and information pertaining to the children including, but not limited
to, medical, dental, religious or school records, the residence address of the children and of
the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. Physical Custody. Mother shall have primary physical custody subject to
Father's rights of partial physical custody which shall be arranged as follows:
A. To commence March 14, 2003, on alternate weekends from
Friday at 3:00 p.m. until Sunday at 7:30 p.m.
B. Each Thursday from 3:00 p.m. until 9:00 p.m.
C. Father shall have periods of partial custody during the weekdays
upon a minimum 24 hours notice and the mutual agreement with Mother.
NO. 03-306 CIVIL TERM
3. Holidavs. Unless otherwise agreed, the parties shall follow the following
schedule for holidays:
A. In odd-numbered years, Father shall have custody for Easter and
Independence Day and Mother shall have custody for Memorial Day and
Labor Day. In even-numbered years, Mother shall have custody for Easter
and Independence Day and Father shall have custody for Memorial Day and
Labor Day.
B. Christmas. Father shall have custody for Christmas each year
on December 25th from 10:00 a.m. until 9:00 p.m.
C. Thanksqivinq. The parties shall share the Thanksgiving holiday
each year in the following fashion: Father shall have custody from 9:00 a.m. to
3:00 p.m. on Thanksgiving Day and Mother shall have custody from 3:00 p.m.
until 9:00 p.m. on Thanksgiving Day.
4. Vacation. Each party shall be entitled to two (2) non-consecutive weeks of
vacation, to include the vacationing parent's custodial weekend. The parties shall provide
each other with a minimum of 30 days advance notice of their intended vacation. In the
event that the parties have scheduled conflicting vacations, the party first providing written
notice of their vacation plans to the other parent shall have choice of the vacation time.
5. Neither party shall do or say anything which may estrange the children from
the other parent, injure the opinion of the children as to the other parent, or hamper the free
and natural development of the children's love and respect for the other parent. Each
parent shall ensure that third parties also comply with this provision during his or her periods
of custody.
6. In the event that Father would want to relinquish a part of his weekend period
of partial custody, prior to contacting a third-party caregiver to care for the children, he shall
contact Mother to offer her the opportunity to spend the additional time with the children.
However, in the event that Mother is not available during that time, it shall be Father's
responsibility to arrange for alternate care.
7. Transportation. Under the present circumstances, where the parties presently
reside approximately a five (5) minute drive apart, Father shall provide all transportation
incident to his periods of partial custody. However, in the event that the parties' residences
do not remain comparably convenient to each other, Father reserves the right to petition to
modify this paragraph of the Order.
NO. 03-306 CIVIL TERM
8. Father shall not take the children to his place of employment and have them in
locations which his employer has designated as places where children are not permitted.
Neither parent will leave the children unattended in the absence of adequate adult
supervision.
BY THE COURT:
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Dist: Diane M. Oils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102
James W. Abraham, Esquire, 2157 Market Street, Camp Hill, PA 17011
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v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-306
: CIVIL ACTION - LAW
: IN CUSTODY
BRIAN E. HOFFMAN,
Plaintiff
THELMA J. HOFFMAN,
Defendant
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certify that on June [0 , 2005, I served
a copy of the within Petition for Modification of a Custody and Visitation Order, by depositing
same in the United States Mail, first class, postage prepaid, addressed as follows:
Allen Moyer, Esquire
8150 Derry Street
Harrisburg, P A 17111
FRIEDMAN & KING, P.C.
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Richard s/tfribcrman, Esquire
600 N. second Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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BRIAN E. HOFFMAN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
03-306
CIVIL ACTION LAW
THELMA J. HOFFMAN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, June 20, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, AU2ust 12, 2005 at 1:00 PM
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 pennanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!:.
FOR THE COURT.
By: Isl
Melissa P. Greevv, Esq.
Custody Conciliator
?ill
,
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RECEIVED AUG 2. 3 1~llflf
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-306 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
BRIAN E. HOFFMAN,
v.
THELMA J. HOFFMAN,
Defendant
HESS, J. ---
ORDER OF COURT
AND NOW, this "Z'tO day of August, 2005 upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Court's Order of March 13, 2003 is VACATED.
2. Leaal Custody. The parties, Brian E. Hoffman and Thelma J, Hoffman, shall
haye shared legal custody of the minor children, Emily A. Hoffman, born July 17, 1993 and
Jacob A. Hoffman, born June 9,1997.
3. Phvsical Custody. Mother shall have primary physical custody subject to
Father's rights of partial custody which shall be arranged by mutual agreement of the
parties. However, Father must exercise custody of both children contemporaneously and
Father shall not exercise his periods of custody at the children's schools.
Dist: Ahard S. Friedman, Esquire, 600 N. Second St., enthouse Suite, P.O. B"x 984, Harrisburg, PA 17108
-.AJfen Moyer, Esquire, 8150 Derry St., Harrisburg, PA 17111-5260
~rian E. Hoffman, 5006 Seneca Orive, Mechanicsburg, PA 17050
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RECEIVED AUG 23 1005/1!'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-306 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
BRIAN E. HOFFMAN,
v.
THELMA J. HOFFMAN,
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Emily A. Hoffman
Jacob A. Hoffman
July 17, 1993
June 9, 1997
Mother
Mother
2. Mother filed a Petition for Modification of a Custody and Visitation Order on
June 13, 2005. A Custody Conciliation Conference was scheduled for August 12, 2005.
Mother's counsel served Father's counsel for the child support matter with a copy of the
Petition on June 10, 2005. A copy of the Order scheduling the Custody Conciliation
Conference was sent to Father's counsel in the child support matter on June 22, 2005.
Father did not appear for the Custody Conciliation Conference. Counsel did not appear for
the Custody Conciliation Conference. Neither did counsel contact the Conciliator to indicate
that he would not be appearing.
3. Mother's position on custody is as follows: Mother wants to terminate all of the
partial custody schedule provided for Father in the Order of March 13, 2003. She wants to
do so because Father has not used any weekend or Thursday evening time provided in the
Order for a period of in excess of one year. Mother further states that Father has never
asked for the additional time contemplated in Paragraph 2C of the Order, nor has he used
any of the vacation provided in Paragraph 4 of the Order. Mother reports that Father has
completely discontinued any contact at all with the parties' daughter and has visited the son
only at school. Father has had no contact with the children since May of 2005 when she
told Father that he could not have any periods of custody with the son jf he did not also
include the parties' daughter. Mother reports that Father has provided gifts and cards for
the son on occasions, such as Christmas. However, he has not given the parties' daughter
holiday cards, birthday cards or gifts. When the parties' son came home excitedly after a
visit with Father at school, the daughter became distraught because she was left out. She
had been performing very well academically prior to this incident. She subsequently
NO. 03-306 CIVIL TERM
failed a test at school a short time after this incident. Mother also reports the parties' son is
feeling bad and having difficulty enjoying the time that he has been able to spend with his
Father because he knows that Father is not seeing his sister and that she is distressed by
this. At some point the parties' son developed a tic, which the pediatrician thought was a
manifestation of emotional distress. The child was sUbsequently seen in individual
psychotherapy and, once he was able to talk about his feelings, his tic symptoms subsided.
Mother is very disappointed and is feeling very protective of the children because of the
emotional harm which she perceives to be a result of Father's actions. She reports that
Father has recently remarried a woman who refused to allow the children to attend at the
wedding. She relates that Father's new spouse has referred to the children in derogatory
and vulgar fashions, the specifics of which will not be included in this report. Mother learned
about this when the children came home asking her what these various names meant.
Mother has also learned that the parties' daughter was told that she should stop coming to
her visits with her father because she causes him too much stress. She later learned that
Father allegedly told the child to lie to Mother about her reasons for not going to the visits.
A second part of Mother's motivation for seeking the modification of the Order is that the
Order provides specific times that she must produce the children for Father's periods of
partial custody should he decide to do so. Because he has not been exercising the periods
of partial custody provided in the Order, she does not want to be in a position where she
could be held in contempt for failure to comply. To require her to produce the children just
in case Father decides to exercise his period of custody places limitations on the children's
schedules. Mother requests the Order be modified to provide Father with periods of partial
custody which would be initiated by Father and negotiated through mutual agreements of
the parties. She further requests that Father exercise custody of both children
simultaneously, rather than leave out the parties' daughter. Finally, Mother asks that the
Court direct that Father not exercise any periods of custody at the children's schools.
4. Father's position on custody is not known because he did not attend the
Conference nor did counsel appear on his behalf.
5. The Conciliator does not believe it to be in the best interests of the children for
Father to selectively participate in periods of custody with Cine child while excluding the
other. Not only does this put the excluded child at great emotional risk, but it causes a
subsequent harm to the relationship between the two children and inhibits the child who is
being visited from being able to fully enjoy the visits with his Father. It is also the
Conciliator's opinion that it is not reasonable for the Mother to be required to limit the
children's schedule so that she can produce the children for a parent who is not willing to
participate with the children. This is unduly restrictive on the children and on the Mother.
NO. 03-306 CIVIL TERM
Accordingly, the Conciliator makes the attached recommended Order to the Court which will
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Custody Conciliator
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