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HomeMy WebLinkAbout07-3300__AU OM & K ULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JENNIFER HUGHES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. . DOCKET NO. CARSON HILL, II, CIVIL ACTION - LAW Defendant IN CUSTODY 1. Plaintiff is the Mother, Jennifer Hughes, who currently resides at 1030 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is the Father, Carson Hill, II, who currently resides at 1059 Marvern Drive East, Chambersburg, Franklin County, Pennsylvania 17201. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following child: Name Address DOB Carson Hill, III 1030 Harrisburg Pike September 25, 2005 Carlisle, Pennsylvania 17013 6. Carson was born out of wedlock. 7. 8 The child is presently in the custody of the Plaintiff. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Jennifer Hughes and 926 Gobin Drive girth to December, 2006 Carson Hill, II Carlisle, PA 17013 Jennifer Hughes and 1610 Orrsbridge Rd December, 2006 to March, 2007 Carson Hill, II Enola, PA Jennifer Hughes and 1059 Marvern Dr E March, 2007 to May 24, 2007 Carson Hill, II Chambersburg, PA Jennifer Hughes; Dena and 1030 Harrisburg Pike May 24, 2007 to Present Steve Caramella; Tiffany Carlisle, PA 17013 Caramella; Stevie Caramella 9 10 The Mother of the child is Jennifer Hughes, who currently resides at 1030 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. The Father of the child is Carson Hill, II, who currently resides at 1059 Marvern Drive East, Chambersburg, Franklin County, Pennsylvania. 11. The mother and father of the child are not married. 12. 13 14. The relationship of Plaintiff to the child is that of Mother. The relationship of Defendant to the child is that of Father. The Plaintiff currently resides with the following people: a. Carson Hill, III b. Dena and Steve Caramella, her parents c. Tiffany and Stevie Caramella, her siblings 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since his birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Plays with the child each and every day; iv. Puts the child to bed nightly, attends to the child in the middle of the night, and awakens the child in the morning; and v. Arranges for medical care for the child. b. The Mother will be able to ensure for the child's safety. C. The Mother will be able to provide a stable home for the child. d. The child has a psychological bond with his Mother. e. The Mother can provide for the child both financially and emotionally. f. The Mother can immediately provide the child with the basic day-to-day necessities. g. Mother has been a stay-at-home mom, and has no need for alternative childcare at this time. h. Father is presently employed as a carpenter, and he works in Washington D.C. at least five (5) days per week. i. Father is presently residing in the basement of a home that is under construction due to remodeling, and is not able to adequately ensure the child's safety in his sole care and custody. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant shared legal custody of the child to both the Plaintiff/Mother and Defendant/Father. Additionally, the Plaintiff requests that this Court grant Mother primary physical custody and Father partial physical custody on alternating weekends. DATE bb i 041 b Respectfully submitted, ABom & KUTULA"s L.L.P. Kara W. Haggerty, tt e Supreme Court ID 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, JENNIFER HUGHES, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date o JENNIFER HUGHES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. CARSON HILL, II, CIVIL ACTION - LAW Defendant IN CUSTODY AND NOW, this 4TH day of June, 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Carson Hill, II 1059 Marvern Drive East Chambersburg, PA 17201 Pm Se Defendant Respectfully submitted, Abom & Kutulk s, L.L.P. Kara W. Haggerty, s Attorney ID No. 8 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ca T f y " C..- ? "R'1 'U C G 1'i'? f"" G r n Ilk ??k W OM ?' AT Curur.Axis Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JENNIFER HUGHES, Plaintiff V. CARSON HILL, II, Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO.: CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 4TH day of June, 2007, comes the Petitioner, Jennifer Hughes, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions This Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Jennifer Hughes, Mother, respectfully represents that there is presently no Order of Court for custody of the parties minor child, Carson Hill, III, born September 25, 2005. 2. Simultaneously with this Petition, Mother has filed a Complaint for Custody. (A copy of the Complaint for Custody is attached hereto as `Exhibit A'). 3. Father and Mother have resided together for approximately ten (10) years, and separated on May 24, 2007. 4. At the time of the separation, Mother moved into her parents' home with the minor child. Prior to the weekend of June 4, 2007, Father had not contacted Mother regarding custody or the wellbeing of the minor child at all. 6. Mother contacted Father and made arrangements for Father to exercise partial physical custody from Friday, June 1, 2007, at 6:00 p.m. until Sunday, June 3, 2007, at 7:00 p.m. 7. On Sunday, June 3, 2007, Mother telephoned Father to confirm the arrangements for the exchange of custody at 7:00 p.m. that evening. 8. During that telephone call, Father advised Mother that he would not be returning the child. 9. Mother has been unable to make any contact with Father since that time as he had turned his cellular phone off, and he does not have voicemail service. 10. Mother attempted to contact Father's family, leaving a message for Father to contact her about their child's safety and wellbeing; however, Mother has not heard from Father at all. 11. Father resides in the basement of a house that is currently under construction due to remodeling. 12. It is believed and therefore averred that Father's home is not a safe environment for the minor child. 13. Mother has not been able to ensure the safety and wellbeing of the minor child since her telephone call with Father on Sunday. 14. Father is presently employed in the carpentry field, and he works in Washington D.C. 15. Mother has no knowledge or information as to who may be caring for the minor child while Father is working. 16. Mother has been a stay-at-home mom since the birth of the minor child. 17. Mother believes that it is in the child's best interests for him to be cared for by his Mother as he has since his birth. 18. Mother believes that it would be in the child's best interests for her to be able to contact Father to ensure the child's safety and wellbeing. 19. Mother believes that it would be in the child's best interest to be in her primary physical custody, because she can provide a safe and stable home for the minor child. 20. Mother believes it would be in the child's best interest for the child to immediately be returned to her physical custody, as he had never been apart from her prior to the weekend in question. 21. Mother believes and therefore avers that it is in the child's best interests for Father to be granted a custody schedule providing him alternating weekends. WHEREFORE, Petitioner prays that This Honorable Court grant her Petition for Special Relief and grant the following relief a. The parties shall share legal custody of the minor child; b. Mother shall have primary physical custody; C. Father shall have partial physical custody on alternating weekends; d. Any additional relief that This Court deems appropriate. Respectfully submitted, DATE Ole Ib +- a ABom & Ku=A us, L.L.P. VCD Kara W. Haggerty, )?s ui Attorney ID No. 8 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner JENNIFER HUGHES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. CARSON HILL, II, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of , 2007, 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. 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 the scheduled Hearing. BY THE COURT: J? 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 scheduled conference or hearing. 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 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 T,? OM & &u l LILAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 JENNIFER HUGHES, Plaintiff V. CARSON HILL, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : DOCKET NO. CIVIL ACTION - LAW IN CUSTODY COMPLAINT 1. Plaintiff is the Mother, Jennifer Hughes, who currently resides at 1030 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is the Father, Carson Hill, II, who currently resides at 1059 Marvern Drive East, Chambersburg, Franklin County, Pennsylvania 17201. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I - CUSTODY 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following child: Name Address DOB Carson Hill, III 1030 Harrisburg Pike September 25, 2005 Carlisle, Pennsylvania 17013 6. Carson was born out of wedlock. 7. The child is presently in the custody of the Plaintiff. 8. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Jennifer Hughes and 926 Gobin Drive Birth to December, 2006 Carson Hill, II Carlisle, PA 17013 Jennifer Hughes and 1610 Orrsbridge Rd December, 2006 to March, 2007 Carson Hill, II Enola, PA Jennifer Hughes and 1059 Marvern Dr E March, 2007 to May 24, 2007 Carson Hill, II Chambersburg, PA Jennifer Hughes; Dena and 1030 Harrisburg Pike May 24, 2007 to Present Steve Caramella; Tiffany Carlisle, PA 17013 Caramella; Stevie Caramella 9. The Mother of the child is Jennifer Hughes, who currently resides at 1030 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 10. The Father of the child is Carson Hill, II, who currently resides at 1059 Marvern Drive East, Chambersburg, Franklin County, Pennsylvania. 11. The mother and father of the child are not married. 12. The relationship of Plaintiff to the child is that of Mother. 13. The relationship of Defendant to the child is that of Father. 14. The Plaintiff currently resides with the following people: a. Carson Hill, III b. Dena and Steve Caramella, her parents c. Tiffany and Stevie Caramella, her siblings 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since his birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Plays with the child each and every day; iv. Puts the child to bed nightly, attends to the child in the middle of the night, and awakens the child in the morning; and v. Arranges for medical care for the child. b. The Mother will be able to ensure for the child's safety. C. The Mother will be able to provide a stable home for the child. d. The child has a psychological bond with his Mother. e. The Mother can provide for the child both financially and emotionally. f. The Mother can immediately provide the child with the basic day-to-day necessities. g. Mother has been a stay-at-home mom, and has no need for alternative childcare at this time. h. Father is presently employed as a carpenter, and he works in Washington D.C. at least five (5) days per week. i. Father is presently residing in the basement of a home that is under construction due to remodeling, and is not able to adequately ensure the child's safety in his sole care and custody. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant shared legal custody of the child to both the Plaintiff/Mother and Defendant/Father. Additionally, the Plaintiff requests that this Court grant Mother primary physical custody and Father partial physical custody on alternating weekends. DATE lb b4 Respectfully submitted, ABOM & KUTULA US, L.L.P. a e Kara W. Haggerty, W S upreme Court ID 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, JENNIFER HUGHES, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date o q I-, ??L NIFE HUGHES JENNIFER HUGHES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. CARSON HILL, II, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 4TH day of June, 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Carson Hill, II 1059 Marvern Drive East Chambersburg, PA 17201 Pm Se Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. ?Va 6l. (- Kara W. Haggerty, s Attorney ID No. 8 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, Jennifer Hughes, verify that the statements made in this Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. le94 Q CERTIFICATE OF SERVICE AND NOW, this 1 ' day of June 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, Certified Mail, postage prepaid addressed to the following: Carson Hiff, 11 1059 Marvern Drive East Chambersbutg, PA 17201 Respectfully submitted, Abom & Kutulakis, L.L.P. Kara W. Haggerty, Equi-A Attorney ID No. 869 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 a ?- Z In r--.3 ^ 1 U ? ? JENNIFER HUGHES, PLAINTIFF V. CARSON HILL, Il, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3300 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 2007, upon consideration of the Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Carson Hill, II, to show cause why the relief requested by the Plaintiff should not be granted. 2. The Defendant will file an answer by the close of business on Thursday, June 7, 2007; 3. A hearing will be held on Friday, June 8, 2007 at 10:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?A\/ -0 M. L. Ebert, Jr., J. Kara W. Haggerty, Esquire AG` C ?d?h Attorney for Plaintiff arson Hill, Il, Pro Se Defendant 4 ? i 'AA1I`{??Il?lt`1n?t?C.sd '?i a C I .£ Nd + - nr LOOI AM94OHiOdd 3Hl ?O KI±40-0318 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jennifer Hughes VS. Carson L. Hill, II Plaintiff, ) } Defendant, ) Civil Action - Law No. 07-3300 Civil In Custody ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes Defendant/Respondent Carson L. Hill, II, by and through his attorney, Suzanne M. Trinh, Esq., of Barley Snyder LLC, and answers Plaintiff/Petitioner's Petition for Special Relief as follows: 1. Admitted. By way of further explanation, Defendant/Respondent ("Father") states that the parties resided together as a family until May 26, 2007. 2. Admitted, upon information and belief. 3. Admitted in part and denied in part. Father admits that the parties have resided together for approximately ten (10) years. Father denies that the parties separated on Thursday, May 24, 2007, but rather states that the parties separated on Saturday, May 26, 2007. By way of further answer, Father states that Plaintiff/Petitioner ("Mother") and the child occasionally spent weekends with Mother's family and so Father was unaware that Mother had moved out until she left a voicemail with Father's mother on Monday, May 28, 2007. 4. Admitted, upon information and belief. 5. Denied. By way of further answer, Father states that there was on-going contact in the form of phone calls between Mother and Father beginning Wednesday, May 30, 2007. Father did terminate the phone calls because Mother refused to discuss custody of the child, choosing instead to verbally attack or harass Father. 6. Admitted in part and denied in part. It is admitted that Father exercised custody of the child from the afternoon of Friday, June 1, 2007 until the afternoon of Monday, June 4, 2007. Father denies that there was an agreement to return the child on Sunday, June 3, 2007, as he had requested custody for the entire week. 7. Admitted, except that Father denies there was an agreement to return the child on Sunday June 3, 2007, at 7:00 p.m. 8. Admitted. By way of further explanation, Father advised Mother that he would return the child to her on Friday, June 8, 2007, or after he had an opportunity to retain counsel. 9. Denied. Mother did in fact successfully transmit messages to Father through Father's parents, who reside across the street from Father. 10. Admitted in part and denied in part. Father admits that Mother transmitted messages to him through his parents. Father denies that the messages were regarding the child's safety and well-being. 11. Admitted. By way of further answer, Father clarifies that the basement is a fully-finished and recently remodeled walk-out basement complete with a full bathroom. 12. Denied. By way of further answer, Father states that the entire family had been residing in the home for more than two months without complaint regarding safety from Mother. 13. Denied. The child was returned to Mother on Monday, June 4, 2007. Mother has denied Father any periods of custody with the child since that time. 14. Admitted in part and denied in part. Father admits that he is employed in the carpentry field. Father denies that he works in the Washington, D.C., area and further states that he has worked solely in Cumberland and Franklin Counties for the past two years. 15. Denied. Father had custody of the child over a weekend during which he did not work. 16. Admitted. 17. Father is unable to answer as to Mother's belief. To the extent an answer is required, this averment is denied. 18. Father is unable to answer as to Mother's belief. To the extent and answer is required, Father admits that the parties should communicate regarding the child's health and well-being. 19. Father is unable to answer as to Mother's belief. To the extent an answer is required, Father denies that it is in the child's best interests to be in the primary physical custody of Mother. 20. Father is unable to answer as to Mother's belief. To the extent an answer is required, Father states that the child is currently in Mother's physical custody. Father denies that the child had never been apart from Mother prior to the weekend of June 1, 2007. 21. Father is unable to answer as to Mother's belief. To the extent an answer is required, Father denies that it is in the best interests of the child for Father to have physical custody of the child only on alternating weekends. NEW MATTER 22. Father is a loving and devoted parent who has been extensively involved in the child's life. 23. Father is employed as a carpenter and his work hours are Monday through Friday from 6:00 a.m. to 2:00 p.m. 24. Father has provided the sole financial support for the family since the child's birth. 25. Prior to the parties' separation, Father returned to the home as soon as possible at the end of each work day and immediately assumed responsibility for the care of the child. 26. Prior to the parties' separation, Father and the child shared a multitude of activities on a daily basis, including grocery shopping for the family, visiting family, visiting friends, playing sports, and generally spending quality time together. 27. Father also tended to the child's needs from birth by changing his diapers, feeding him, bathing him and the like. 28. Father is employed as a subcontractor and has flexible hours. Father is able to arrange his work schedule so that he can be home with the child during his periods of custody. Father does not anticipate that he will need a babysitter on a regular basis. 29. Father limits his jobs to local work. Until the parties' separation, Father worked together with Mother's stepfather in Cumberland County. 30. Father lives across the street from his parents and in the same neighborhood as his sister. 31. In the event Father requires a babysitter, Father's mother does not work outside the home and is available to care for the child as needed. Father's sister is also available to care for the child, if necessary. 32. In March 2007, the family moved into a home in need of work with the intention of remodeling it and eventually selling it at a profit. 33. Father has done considerable work to the home since the family first moved in. 34. Mother never expressed any concerns to Father regarding the safety of the home prior to separation. 35. Mother did not express concern regarding the safety of Father's home when she picked up the child on June 4, 2007. 36. Father has nearly finished remodeling the upstairs of the house and plans to be able to move into it within a matter of weeks. 37. Father believes and therefore avers that the child has a close and loving relationship with both of the parties. 38. Father believes and therefore avers that the child has a deep emotional bond with both of the parties. 39. Father believes and therefore avers that it is in the best interests of the child for the parties to have shared physical custody of the child. WHEREFORE, Father respectfully prays this Court to deny the relief requested in Mother's Petition and to enter the following temporary custody order: a. The parties shall have shared legal custody of the child; b. The parties shall have shared physical custody of the child on a 2-2-3 schedule with alternating weekends; c. Father shall have custody of the child the weekend beginning Friday, June 8, 2007; d. Custody exchanges shall take place at the McDonald's in Shippensburg or another agreed upon midway point between the parties' homes; e. Neither party shall take the child away from Cumberland or Franklin County for an overnight without notifying the other party in advance of the planned trip and providing appropriate contact information; and f. Such other and further relief as the court deems appropriate. BARLEY SNYDER By: -7s 4,e M. Trinh, Esquire Attorney for Defendant I verify that the statements in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: ?cS' 7 arson L. Hill, II, Defendant CERTIFICATE OF SERVICE I, Suzanne M. Trinh, Esquire, do hereby certify that on the 7th day of June, 2007, I did serve a true copy of the foregoing Answer to Petition for Special Relief at the address indicated below: Kara W. Haggerty, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Service by: X Personal service via hand delivery. Service by First Class United States Mail, postage prepaid, mailed at Chambersburg, Pennsylvania, addressed as indicated above. Overnight delivery (Airborne Express/Federal Express) Service by placing a copy of the above document in counsel's box in the Office of the Recorder of Deeds of Franklin County. Facsimile service. Certified/Registered mail. BARLEY SNYDER By C S e M. Trinh, squire Court I.D. 92747 Attorney for Defendant 247 Lincoln Way East Chambersburg, PA 17201 (717) 264-6494 ?? ? ? ? -t? r...-. ?'C -r1 ;?? ..._ _ l.e .?w ?7 ?f ?=?1 {i ,_ U JENNIFER HUGHES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3300 CIVIL ACTION LAW CARSON HILL, II IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 06, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 28, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es "Y" 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 must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -pv d 0 Wd 2- HICIf LOOZ "ITU to % JENNIFER HUGHES, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3300 CIVIL CARSON L. HILL, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 8th day of June, 2007, upon consideration of the Plaintiff's Petition for Special Relief, the Defendant's Answer thereto and counsel having reached agreement in the matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Parties shall have shared legal custody of the child. 2. The Parties shall have shared physical custody of the child on a 2-2-3 schedule with alternating weekends. 3. The Father shall have custody of the child the weekend beginning Friday, June 8, 2007; 4. Custody exchanges shall take place at McDonald's in Shippensburg or another agreed upon location midway between the Parties' homes. 5. Neither Party shall take the child away from Cumberland or Franklin County for an overnight without notifying the other party in advanced of the planned trip and providing the appropriate contact information. 6. During the periods of time in which the Father has custody of the child, the paternal grandmother will provide babysitting services if required. Should the paternal grandmother not be available the child shall then be placed in the custody of the Mother. By the Court, 14? -? M. L. Ebert, Jr., J. CS .01 WV 8- Niff LOOZ :.? 3RL 34 1'1t, rr'• 1I Kara Haggerty, Esquire Attorney for Plaintiff Suzanne M. Trinh, Esquire Attorney for Defendant bas e ^ s ?? ?x? j? d?&? ? ?'d?i`w ?'Qf o? JUN 2 9 2007 0ei JENNIFER HUGHES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3300 CIVIL ACTION - LAW CARSON HILL, II, . Defendant : IN CUSTODY ORDER OF COURT th AND NOW, this C day of 10` , 2007, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the j5"-day of 0c*6-z-v- , 2007, at 1. , S Q o'clock, t_. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The prior Order of Court dated June 8, 2007 is hereby vacated. 4. The Mother, Jennifer Hughes and the Father, Carson Hill, II shall have shared legal custody of Carson Hill, III, born September 25, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 child. 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 attendance records or report cards. Additionally, each ...1:--I f+b?I3 i'; 5 UU ?'Ni JO s? parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musicals and the like. 5. The child's bedtime shall be 9:00 p.m. 6. The parties shall participate in parenting classes. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?-Av" ? V M.L. Ebert, Jr., cc: Kara W. Haggerty, Esquire, counsel for Mother ?, 9 p Suzanne M. Trinh, Esquire, counsel for Father JENNIFER HUGHES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3300 CIVIL ACTION - LAW CARSON HILL, II, Defendant : IN CUSTODY PRIOR JUDGE: M.L. EBERT, JR., J. 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 CUSTODY OF Carson Hill, III September 25, 3005 shared 2. A Conciliation Conference was held June 28, 2007 with the following individuals in attendance: The Mother, Jennifer Hughes, with her counsel, Kara W. Haggerty, Esquire, and the Father, Carson Hill, II, with his counsel, Suzanne M. Trinh, Esquire. 3. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated June 8, 2007 providing for shared legal custody and shared physical custody on a 2/2/3 basis. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, although she will agree to shared physical custody with Father having every weekend, Thursday to Monday and Friday to Monday alternating. Mother works part-time on the weekends and this schedule would optimize her time with the child. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, but would agree to a shared physical custody on a week on/week off schedule with an overnight in the middle of the week. Father operates his own construction business and could schedule his work around the week on/week off arrange. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current Order of Court. It is expected that the Hearing will require one-half day. Date .V acq ine M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jennifer Hughes ) Civil Action - Law Plaintiff ) vs. ) No. 07-3300 Civil Carson L. Hill 11 ) Defendant ) Custody PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Barley Snyder LLC as counsel for the Defendant, Carson L. Hill II in the above-captioned case and enter the appearance of Suzanne M. Trinh as counsel for the Defendant. BARLEY SNYDER LLC Date: jai" ?- -2._7 / '-00-1 *S mre Attorney for Defendant Attorney I.D. #02501 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Suzanne M. Trinh, Esq. Date: - U'6-7 S anne M. Trinh "-Attorney for Defendant Attorney I.D. #92747 Sharpe & Sharpe, LLP 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 -ti ? try rr' r c T -<,- ET's r :a> .C- 3c ?C_- w JENNIFER HUGHES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. DOCKET NO. 2007-3300 Civil Term CARSON HILL, II, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ I day of October, 2007, by request of both parties, the hearing scheduled for October 15, 2007, is cancelled. The Order of Court dated July 6, 2007, shall remain in full force and effect. BY THE COURT: M.L. Ebert, Jr., judge t,,?a W. Haggerty, Esquire Abom & Kutulaids, L.L.P. 36 South Hanover Street Carlisle, PA 17013 '*anne M. Trinh, Esquire Sharpe & Sharpe 257 Lincoln Way East Chambersburg, PA 17201 ?- ? e ? 1 t? r? _.. ?? ? ?