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HomeMy WebLinkAbout03-38421N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Doreen M. Imhoff, : Plaintiff : VS. ~ Timothy L.Imhoff, : Defendant : No. -03- 3Pq COMPI.AINT FOR CI ISTODY 1. The Plaintiff is Doreen M. Imhoff, an adult individual residing at 1900 Douglas Drive, Carlisle, PA 17013. Hereinafter referred to as Mother. 2. The Defendant is Timothy L. Imhoff, an adult individual residing at 59 Winchester Gardens, Carlisle, PA 17013. Hereinafter referred to as Father. 3. Plaintiff seeks custody of the following children: Kristofer A.R. Imhoff, age 14, bom December 23, 1988; Hannah R.M. Imhoff, age 9, bom June 14, 1994. 4.The children were adopted during the marriage. 5. The children are presently in the custody of Plaintiff, Doreen M. Imhoff, who resides at the address set forth in Paragraph 1 heroin. 6. During the past five (5) years the children have resided with the following persons and at the following addresses: (A) February 18, 2003 to present with Mother at 1900 Douglas Drive, Carlisle, PA 17013; (B) March 2001 to February 2003 with Mother and Father at 1900 Douglas Drive, Carlisle, PA 17013; (C) November 24, 2000 to March 2001 with Mother at 806 Gadwell Loop, Jacksonville, NC 28540. (D) Prior to November 2000 with Mother and Father at 806 Gadwell Loop, Jacksonville, NC 28540. 7. The mother of the children is Doreen M. Imhoff, currently residing at 1900 Douglas Drive, Carlisle, PA 17013. She is separated. 8. The father of the children is Timothy L. Imhoff, currently residing at 59 Winchester Gardens, Carlisle, PA 17013. He is separated. 9. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Kristofer A.R. Imhoff- son Hannah R.M. Imhoff- daughter 10. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: Resides alone. 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: (A) The Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and genuine desire to do so (B) The Plaintiff has been the primary caring and nurturing parent to the children since their adoption. (C) Since the parties' separation, the Defendant has been permitted reasonable partial custody of the children. (E) The Plaintiff believes that the children would benefit from an ongoing and continuous relationship with both their parents. However, Plaintiff strongly believes that primary physical custody of the children should be with her. (F) The children have expressed a desire to live with the Plaintiff. (G) Plaintiff desires to move with the children to the marital residence at 806 Gadwell Loop, Jacksonville, NC upon it being vacated by its present tenants in December 2003. Mother will have temporary housing at 706 Mallard Drive, Jacksonville, NC, which is three doors down from 806 Gadwell Loop, the home the children have lived in the majority of their lives. (H) The home at 706 Mallard Drive, Jacksonville, NC, is a three bedroom, two bath home. The children are very familiar with this home, as it is the home of friends. (I) Both children are special needs children who have had and will continue to 3 have programs available to them in North Carolina which are not available in Pennsylvania. (J) In North Carolina, the Kristofer would once again be able to participate in Therapeutic Horseback Riding, Therapeutic Camping Services, a summer camp program for special needs children, which is free to North Carolina residents, Community Based Services/High Risk Intervention services and be enrolled in the schools Which they had previously attended. (K) Mother has tried through Cumberland County Mental Health to receive the aforementioned services for the children in Pennsylvania. Cumberland County Mental Health has not been able to provide or help Mother to find such services in the local area. (L) North Carolina has a program designed for children and families of autistic and related handicaps. The program is T.E.A.C.C.H. which provides free diagnostic evaluations for children with instructional/therapy/counseling sessions for the children and their families. Kristofer and his Mother would be utilize these services when they become residents of North Carolina. (M) Both children received Medicaid Benefits due to their adoptions and special needs in North Carolina. Daughter, Hannah's, benefits are only received if she remains in the state of North Carolina. These benefits will be reinstated upon a return to North Carolina. (N) Son, Kristofer, also received these benefits. His benefits have been limited to his pediatrician in Pennsylvania and do not include his therapist/psychologist in Pennsylvania. (O) The children's original doctors, specialists, and dentists for special needs children are located in Jacksonville North Carolina where all records are maintained. 4 (P) The children are very familiar with the area at Gadwell Loop and Mallard Drive, and anticipate reacquainting with their friends and support system in Jacksonville, North Carolina. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 16. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been or will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the Court to grant primary custody to mother and permit Mother to relocate to North Carolina with the children, Kristofer and Hannah. Respectfully submitted, O'DAY LAW ASSOCIATES Pamela J. Brefl~eman Attorneys for Plaintiff 158 East Chestnut Street Lancaster, PA 17602 Telephone: (717) 393-4001 Facsimile: (717) 393-8014 Attorney I.D. No. 95031 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. § 4904, relating to unsworn falsification to authorities. ~ate& 7 - '30 - 03 DOREEN M. IMItOFF PLAINTIFF V. TIMOTHY L. IMHOFF DEFENDANT IN 'I~E COURT OF cOMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA : 03-3842 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, ___ M°~003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Es~Lq:~, the conciliator, 301 Market Street, Letup, PA 17043 on Monday, Sept_~ember 15, 2003 at 12:30 PM at 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. 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:_ /s/ Custody Conciliator 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 · . · ~ e court. You must attend the scheduled must be made at least 72 hours prior to any hearing or business before, th conference or hearing. YOU SHOULD TAKE THIS PAPER TO YoUR ATTORNEY AT ONCE. iF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'DIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP. Cumberland Cotmty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249.-3166 DOREEN M. IMHOFF, Plaintiff Vo TIMOTHY L. IMHOFF, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBEILLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW pRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for T Imhoff, Defendant in the above-captioned matter. Respectfully Submitted: ///'///I.~7I~o. 79465 Carlisle, Pa. 17013 (717) 245-8505 ATTOKNEY FOR DEFENDAI nothy L. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Doreen M. lmhoff ' Plaintiff : : No. CI-03-3842 vs. : CI-03-3841 Timothy L.Imhoff . Defendant ACCEPTANCE__OF SERV_?E. I, Jane Adams, Esquire, represent Defendant, Timothy L. Imhoff, in the above-captioned matters, hereby accepted service of the Complaint in Divorce, and Notice To Defend and Claim Rights and Notice of Availability of Counseling and Custody/Visitation Complaint in the above- captioned action on or about ~' I hereby waive any and all defects in service of the aforementioned Complaint or any amendments thereto. ~s, Esquir-~ DOREEN M. IMHOFF, Plaintiff V. TIMOTHY L. IMHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3842 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ..~)'~ day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Doreen M. Imhoff and Timothy L. Imhoff, shall have shared legal custody of the minor children, Kristofer A.R. Imhoff, born December 23, 1988, and Hannah R.M. Imhoff, born June 14, 1994. 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. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Tuesday, Wednesday and Friday from after school until 6:15 p.m. B. Each Thursday after school until 7:30 p.m. NO. 03-3842 CIVIL TERM working. Each Sunday from 8:30 a.m. to 4:30 p.m. when Mother is D. On alternating weekends from Friday after school until Sunday at 4:00 p.m. · A hearing_on Mothers request to relocate to North Carolina is scheCuled in Courtroo.m Number~___ of the .Cumberland County Courthouse, on the/~l~¢day of ~, 2003, at ~ · ~ o'clock~., at which time testimony will be taken. For the purposes of the hearing, the Mother, Doreen M. Imhoff, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days prior to the hearing date. BY T~ Dist: Pamela J. Breneman, Esquire, 158 E. Chestnut Street, Lancaster, PA 17602 Jane Adams, Esquire, 36 S. Pitt Street, Carlisle, PA 17013 DOREEN M. IMHOFF, Plaintiff V. TIMOTHY L. IMHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3842 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 CURRENTLYIN THE CUSTODY OF Kristofer A.R. Imhoff Hannah R.M. Imhoff December 23, 1988 June 14, 1994 Mother Mother 2. A Custody Conciliation Conference was held on September 15, 2003 with the following individuals in attendance: the Mother, Doreen M. Imhoff, and her counsel, Pamela J. Breneman, Esquire; the Father, Timothy L. Imhoff, and his counsel, Jane Adams, Esquire. 3. Mother's position on custody is as follows: Mother filed a Complaint for Custody on August 7, 2003 alleging that she had primary physical custody of the children since February 18, 2003 and seeking to move with the children to North Carolina. Mother reports that she works in a commissary at the Army War College in Carlisle as a store worker in the produce department. She believes that she is more likely to keep her job in the military if she transfers to North Carolina and that she is more likely to be subject to a reduction in force if she remains here. Mother is a temporary civilian federal employee until June 2004. However, Mother's primary reason that she seeks to move is because she believes that Kristofer's educational needs are met in a more satisfactory fashion by the programs offered to him in North Carolina. Kristofer has pervasive developmental disorder. She also reports Hannah's medical insurance, available through the state where she was adopted, is not useable in Pennsylvania. She specifically references the availability of day camps and horseback riding when they all lived in North Carolina. Regarding the services, Mother reports that they have been told that there were waiting lists for all of the services that Kristofer would need and that some of the services were not available in Cumberland County. Upon her inquiry, Mother reports that she discovered that Kristofer would be able to return to the same services and programs as he had prior to leaving North Carolina if they NO. 03-3842 CIVIL TERM were to return there. When she checked on the service availability in July 2003, she was told there would be no waiting list. Mother was critical of Cumberland County Mental Health System and reported that they have offered her nothing for Kristofer. The alternative visitation schedule which Mother offered if she is permitted to move with the children would be for Father to have custody for Christmas break, Spring break, Thanksgiving and one (1) month in the Summer. The drive time between Cumberland County and the community to which she would like to move in North Carolina is eight to nine hours. 4. Father's position on custody is as follows: Father opposes the move. Father is presently retired from the military and working as a mill room quality assurance supervisor for Armstrong Cabinets in Thompsontown, Pennsylvania. He works from 10:00 p.m. to 7:00 a.m. Father thinks that the treatment and services offered to Kristofer are adequate but that Mother is dissatisfied with the therapist that has been provided for Kristofer. He reports that he presently sees the children each day after school Tuesdays through Fridays until 6:00 p.m. except on Thursdays when he sees the children until 7:30 p.m. He also has custody of the children during the times that Mother works on Sundays which occurs almost every week and on alternating weekends. Father opposes the move because of his concern about the loss of his involvement in the lives of his children. Because of the long distance between Thompsontown and Nor-Ih Carolina he would not be able to have regular weekend periods of custody. He also reports that he has investigated and found that there are therapeutic horseback riding opportunities available through the Easter Seal program in West Penn Township and another program in Grantvil~e, Pennsylvania. He does not believe that they have given enough opportunity to obtain the necessary services for Kristofer's needs. Father provides health insurance. The children are also covered by Gateway. 5. Inasmuch as the parties have not reached an agreement regarding Mother's request for relocation, a hearing is necessary. The attac.bed~der provides for the hearing and reflects the status quo custodial arrangement, f ) / -- ' el Greevy, Esquit'e Custody Conciliator :218664 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOREEN M. IMHOFF : Plaintiff : v. : No. CI-03-3842 : TIMOTHY L. IMHOFF : Defendant CI l,~TOl~Y AGREEMENT THIS AGREEMENT is made this ~_ day of _~,~t)~9~(?/''~ , 2003, by and between Doreen M. Imhoff, (hereinafter called "Mother"), and her counsel, Pamela J. Braneman, Esquire and Timothy L. Imhoff, (hereinafter called "Father"), and his cc,unsel, Jane Adams, Esquire and; WHEREAS, Mother and Father are the parents of two (2) unemancipated children, namely, Kristofer A.R. Imhoff, age 14, born December 23, 198~: and Hannah R.M. Imhoff, age 9, born June I4, 1994 and WHEREAS, Mother and Father are separated and desire to settle and resolve the question of custody of their said minor children; and WHEREAS, Plaintiff filed a Complaint for Custody on August 3, 2003, and a Pre- Hearing Custody Conference was held on September 1 I, 2003, which resulted in the request of relocation hearing to be scheduled; the parties have agreed to the following Custody Agreement. NOW, THEREFORE, the parties agree as follows: 1. The parties shall have shared legal custody of Kristofer A.R. Imhoff and Hannah R.M. Imhoff, so that each shall participate in major decisions affecting the best interest of said children, including, but not limited to, medical, religious, and educational decisions, and each parent shall have equal access to medical, dental, and school records. Mother shall have primary physical custody of the children and will be relocating to North Carolina. Father shall have partial physical custody of the children as follows: The Christmas Holiday, Spring Break, a month over the summer, a period of time over Thanksgiving, if the children have an extended holiday ~td any other time that is mutually agreeable to the parties. Custody exchanges will take place in Richmond, Virginia, at a mutually agreeable location. Each parent shall permit reasonable telephone access to the children when the children are in his or her custody. Each party is encouraged to accommodate the reasonable requests of the other party for alterations of any agreed upon schedule, as the circumstances and the best interests of the children may require. The parties hereby waive the requirement of Rule 1915.7 requesting that they and their children, Kristofer A.R. Imhoff and Hannah R.M. Imhoff, be present before the Court to present this Agreement and further intend this Agreement to be entered as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, subject to modifications as provided by law. Father is represented by Jane Adams, Esquire and Mother is represented by Pamela J. Breneman, Esquire. All parties have been informed of the purpose of this Agreement and its legal effects and consequences. This Agreement shall supersede any and all other Agreements or Stipulations concerning custody and visitation of said minor children which have been made heretofore. Witness: oree~nM~haaho~' J ~ Timothy L. ~mmhoff .~ COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF LANCASTER : On this, the ~ day of r~o~,t ~', 2003, before me, a Notary Public, the undersigned officer, personally appeared, DOREEN M. IMHOFF, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within, and acka~owledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. SYLV1ALSHEPHERD, NOTARYPUIILIC ~ Notar~ ~ablic / ' C11~' OF LANCASTER, LANCASTER COUN1Y MY GOMMI$SION EXPIRES APRIL 13. 2007 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the (~JPqday of~2003, before me, a Notary Public, the undersigned officer, personally appeared TIMOTHY L. IMHOFF, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarialseal. I NOT Mo I I C~e~,~~ I II 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOREEN M. IMHOFF : Plaintiff : v. : No. CI-03-3842 : TIMOTHY L. IMHOFF : Defendant 13 R D F.R AND NOW, this /~'~ day of O~L~'a ,2003, upon consideration of the within Custody Agreement of the parties, it is hereby ORDERED and DECREED that the annexed Agreement be made an Order of Court. ATTEST: 4