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HomeMy WebLinkAbout03-5407NATHAN C. WOLF, ESQUIRE ATTORNEY III NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6080 ATTORNEY FOR PLAINTIFF ROBERT E. HAHN, 11, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHANNON RAE DOYLE, : NO. 2003-S4/d7 CIVIL TERM Defendant :CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Robert E. Hahn, II, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Robert E. Hahn, II, an adult individual residing at 22 North Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Shannon Rae Doyle, an adult individual residing at 926 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks custody of the following children: Name Present Residence Acme Brianna Paige Hahn 926 Grahams Woods Road 1 years Newville, PA 17241 D.O.B. 4/24/2002 Ethan Tyler Hahn 926 Grahams Woods Road 5 Months Newville, PA 17241 D.O.B. 4/16/2003 4. Plaintiff and defendant are the natural parents of the children. 5. The children were born out of wedlock. 6. The children are presently in the custody of defendant but have resided with both parents from the time of their birth until September 28, 2003. Since that time, the children have been in the custody of the defendant, despite the plaintiffs attempts to see his children. 7. The parties have never been married. 8. The mother of the children is currently single.. 9. The father of the children is currently single. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. 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. 13. The best interests and permanent welfare of the children will be served by granting the relief requested herein because the defendant has engaged in irrational behavior which plaintiff believes to have the effect of placing the well-being of the children in jeopardy and which is specifically designed to alienate the children from their father. 14. Defendant abruptly kicked the plaintiff out of the residence, at which time defendant removed herself, the children and personal property from the residence and took possession of plaintiffs keys to the residence by removing them from the paternal grandfather's home without permission to enter thereon. 15. Ultimately, defendant denied plaintiff access to the children and to the family residence. 16. Since that time, plaintiff has had one opportunity to see the children and care for them, despite the fact that the children were left in his care by defendant without any formula or proper clothing and without the child carseat which plaintiff would need to transport the children anywhere. 17. Defendant has promised to permit the plaintiff to see the children and has not returned calls from plaintiff or dropped the children off when promised and plaintiff has now not seen the children for more than one week. 18. Plaintiff maintains stable employment, a stable home environment and was the primary caretaker of the children when he was not working. 19. Plaintiffs employment permits him to be home to care for the children earlier than defendant's employment permits and his hours are fixed so that the children can have a fixed schedule. 20. Plaintiff has been primarily responsible for providing for the care and maintenance of the children since their birth. 21. Plaintiff is gainfully employed by a corporation in Cumberland County and has sufficient means to care for the welfare of the children. 22. Plaintiff acknowledges the need for the children to have a relationship with defendant and will, if given the opportunity, work to reinforce that relationship. 23. By defendant's own actions, she has demonstrated that she is not inclined, nor is she likely to take steps to support and nurture the relationship between the plaintiff and the children. WHEREFORE, for the reasons set forth herein, plaintiff, Robert E. Hahn, II, respectfully requests that the Court enter an order granting primary physical custody of the children to the plaintiff. Respectfully submitted, October 13 , 2003 NATHAN C. %XOLF, E§4UIRE Attorney for lainti IRWIN LAW OFFICE 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. October 13 2003 R ert E. Ha n, 11 4 W o w 'r7 i1J ? C> J rl 7?1 fJ =Q ROBERT E. HAHN, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-5407 CIVIL ACTION LAW SHANNON RAE DOYLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday October 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the concili at 4th Floor Cumberland County Courthouse, Carlisle on Friday, November 07, 2003 at 8:30 E for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempora order. All children age five or older may also be present at the conference. Failure to appear at the conference ma 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/ Hubert X. Gilroy, Esq C Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amei 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 arrangem must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch( 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 (rw-' ? P-p llL r??rL?fv ?/ l ?i15'j???.??r7 :J k'o- 691- 0/ Co ?/ ai ROBERT E. HAHN, II, Plaintiff V. SHANNON RAE DOYLE, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.Oa-5407 CIVIL TERM CUSTODY PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please note that, pursuant to Pa. R. C. P. 1012, the Family Law Clinic hereby withdrawals its appearance as attorneys for Shannon Rae Doyle, the Defendant in the above captioned mater. Dated: 11/q/03 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Kara, W. Haggerty, Esquire on behalf of Shannon Rae Doyle, the Defendant it the above captioned matter. Dated: I D D3 1 Y \ Uk4_ Tracie N. Wesner Certified Legal Intern Ann Do ald - Fo Supervising Attorney FAMILY LAW CLINIC Kara W. Haggerty, E tae a Abom & Kutulakis, L P 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 phone ? ?:, ?`s ??, ??t_. ? A T) ?r !? N <_ / " ?. r_ ? ? c CC> T? fir; . x ?, fv .,,.!} ^ { ? , ? l ry -U ?' ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO.o3-5407 CIVILTERM SHANNON RAE DOYLE, Defendant, CUSTODY CERTIFICATE OF SERVICE I, Tracie N. Wesner, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Praecipe to Withdraw Appearance / Praecipe to Enter Appearance on the following persons at the addresses indicated below by depositing a copy of the same in the Ch United States mail, First Class, postage prepaid, this J? day of November, 2003. Nathan !Wolf, Esquire Irwin law Office 64 South Pitt St. Carlisle!y PA 17013 (717) 2449 6090 Hubert X. Gilroy, Esquire Broujo5 & Gilroy, P.C. 4 North Hanover Street Carlisle, Pennsylvania, 17013 (717) 243-4574 Dated: Tracie N. Wesner Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 c ?= ca c? ChR? J ?; { CJ I l0 . v NOV 1 4 2003 V ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHANNON RAE DOYLE, NO. 2003 - 5407 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 10 day of November, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert E. Hahn, II, and the Mother, Shannon Rae Doyle, shall enjoy shared legal custody of Brianna Paige Hahn, born April 27, 2002; and Ethan Tyler Hahn, born April 16, 2003. 2. Physical custody shall be handled as follows: A. Father shall enjoy physical custody of the minor children every week from Monday at 1:30 p.m. when Mother shall drop the children off at Father's home until Thursday morning at 8:00 a.m. B. Mother shall have physical custody of the minor children from Thursday morning at 8:00 a.m. until Monday afternoon at 1:30 p.m. each week. 3. The parties may modify this custody arrangement as they agree. Absent an agreement, this order shall control. 4. In the event either parent is unavailable to care for the minor children during the time they have scheduled custody and the other parent is not working, the custodial parent must notify the non-custodial parent and give them the opportunity to provide care for the minor children. 5. Legal counsel for the parties shall conduct a telephone conference call with the conciliator on Thursday, January 15, 2004 at 8:30 a.m. In the event the parties are unable at that time to reach an agreement on a permanent order, the conciliator may refer this matter to court for a hearing. 6. The above custody order is a temporary order and shall not prejudice either party from taking a different position at a hearing on this particular case. 7. The Parties shall work with each other to arrange a reasonable custody schedule over the holidays. In the event they are unable to do so, counsel for the Parties may contact the conciliator before the holidays and the conciliator may recommend a specific order to the court on holiday custody matters. J. cc: than C. Wolf, Esquire ra W- Haggerty, Esquire J II-I$-C(3 cn ? ?, r cl ?`? ` ? ?- -. = r r ;;-- ? ' ?--' ? c.Y.i ' G7 ? r_ ?_ ? :] it ?_ u. c-? '? U G3 Cpl ROBERT E. RAHN, H, Plaintiff v SHANNON RAE DOYLE, Defendant Prior Judge: Edgar B. Bayley, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2003 - 5407 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-M), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brianna Paige Hahn, born April 27, 2002; and Ethan Tyler Hahn, born April 16, 2003. 2. A Conciliation Conference was held on November 7, 2003, with the following individuals in attendance: The Father, Robert E. Hahn, II, with his counsel, Nathan C. Wolf, Esquire; and the Mother, Shannon Rae Doyle, with her counsel, Kara W. Haggerty, Esquire. 3. For purposes of a temporary order, the parties agree upon the entry of an order in the form as attached. o U DATE Hubert X. Gilroy, Custody Conciliad JAN 2004 ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLE OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW SHANNON RAE DOYLE, NO. 2003-5407 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 2& day of January, 2004, the conciliator being advised by legal council for the parties that there is no need for the second conciliation which was scheduled in this case, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy, Conciliator o` ry N u j iJE= -7 -i LU N NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT E. HAHN, II, Plaintiff V. SHANNON RAE DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5407 CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the plaintiff, Robert E. Hahn, II, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for special relief, representing as follows: 1. The plaintiff is Robert E. Hahn, II, an adult individual residing at 2120 Waggoners Gap Road, North Middleton Township, Cumberland County, Pennsylvania 17013. 2. The defendant is Shannon Rae Doyle, an adult individual residing at 120 Meals Drive, South Middleton Township, Cumberland County, Pennsylvania 17013. Plaintiff seeks custody of the following children: Name Present Residence Age Brianna Paige Hahn 120 Meals Drive 3 years Carlisle, PA 17013 D.O.B. 4/24/2002 Ethan Tyler Hahn 120 Meals Drive 2 years Carlisle, PA 17013 D.O.B. 4/16/2003 4. Plaintiff and defendant are the natural parents of the children. 5. The children were born out of wedlock. The parties are subject to an Order for custody dated November 18, 2002, which established primary physical custody with Mother, subject to periods of partial physical custody with Father, and shared legal custody between the parents. (A true and correct copy is attached hereto as Exhibit A). Following the entry of said Order the parties had reconciled from June of 2003 until November 12, 2005. Since the parties again separated, they have followed essentially the same scheme of custody, except that Father has had his periods of custody from Sunday afternoon until Tuesday afternoon to coordinate with his work schedule. 9. On or about February 11, 2006, Father received a phone call from Mother stating that one of Mother's friends had fired a gun at her vehicle twice, damaging the vehicle. 10. Father is unaware if Mother was in the car when the incident occurred. 11. Mother summoned assistance of the police from North Middleton Township regarding the incident. 12. Father believes that the perpetrator of the crime was arrested but that she was released on bail following her arrest. 13. Following the release of the perpetrator, whom Father believes is a woman by the name of Jessica Shover, Mother reportedly received threatening telephone calls from Shover. 14. According to information received by Father, in the phone messages, Shover threatened to kill Mother in the presence of the children by slicing Mother's throat. 15. When Father picked up the children on Sunday, February 12, 2006, he personally observed the damage to Mother's vehicle from the shooting incident. 16. Father was then contacted on Tuesday by North Middleton Township Police Detective Timothy Lively, who informed Father that he believed Mother was in danger because of the shooting incident and because of the threats and to make sure that Father is particularly vigilant with the children and their whereabouts. 17. The best interests and permanent welfare of the children will be served by granting the relief requested herein on an emergency basis because Mother is involved with individuals who have acted on specific threats of harm towards Mother which Father believes that Mother cannot adequately ensure the welfare of the children. 18. Father maintains stable employment, a stable home environment and is capable of caring for the children when he is not working, and has sufficient support to ensure the children's care when he is working. 19. Father believes and therefore avers that Mother should not be permitted to have unsupervised custody of the children because of the behaviors she has engaged in which have led to the children being exposed to a serious and immediate risk of harm. 20. Father has been closely and directly responsible for providing for the care and maintenance of the children throughout their lives. 21. Father is gainfully employed by a corporation in Cumberland County and has sufficient means to care for the welfare of the children. 22. Father acknowledges the need for the children to have a relationship with Mother and will, if given the opportunity, work to continue their strong relationship, provided their safety can be ensured. WHEREFORE, for the reasons set forth herein, plaintiff, Robert E. Halm, Il, respectfully requests that the Court enter an order granting primary physical custody of the children to the plaintiff, and grant periods of supervised visitation to Mother pending a hearing on this matter, along with any additional relief that the Court may deem appropriate. Respectfully submitted, WOLF & WOLF February 44, 2006 By: for ESQUIRE Street, Suites 201/202 mia 17013 (717) 241-4436 Supreme Court I.D. No. 87380 ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW SHANNON RAE DOYLE, NO.2003-5407 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this IT day of November, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert E. Hahn, II, and the Mother, Shannon Rae Doyle, shall enjoy shared legal custody of Brianna Paige Hahn, born April 27, 2002; and Ethan Tyler Hahn, born April 16, 2003. 2. Physical custody shall be handled as follows: A. Father shall enjoy physical custody of the minor children every week from Monday at 1:30 p.m. when Mother shall drop the children off at Father's home until Thursday morning at 8:00 a.m. B. Mother shall have physical custody of the minor children from Thursday morning at 8:00 a.m. until Monday afternoon at 1:30 p.m. each week. 3. The parties may modify this custody arrangement as they agree. Absent an agreement, this order shall control. 4. In the event either parent is unavailable to care for the minor children during the time they have scheduled custody and the other parent is not working, the custodial parent must notify the non-custodial parent and give them the opportunity to provide care for the minor children. 5. Legal counsel for the parties shall conduct a telephone conference call with the conciliator on Thursday, January 15, 2004 at 8:30 a.m. In the event the parties are unable at that time to reach an agreement on a permanent order, the conciliator may refer this matter to court for a hearing. 6. The above custody order is a temporary order and shall not prejudice either party from taking a different position at a hearing on this particular case. 7. The parties shall work with each other to arrange a reasonable custody schedule over the holidays. In the event they are unable to do so, counsel for the parties may contact the conciliator before the holidays and the conciliator may recommend a specific order to the court on holiday custody matters. BY THE COURT, N Edgar B ayley, Jr. cc: Nathan C. Wolf, Esquire Kara W. Haggerty, Esquire TRUE 0 PY -17C17") In Testim 1Y, 4'.:.. Q?. VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to tmswom falsification to authorities. February -Z7Z- 2006 Robert E. Hahn, 11 ? ? ?? J ? ? rv, -?, Q -? ?? ,_ -;: ,- ` ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON RAE DOYLE, DEFENDANT 03-5407 CIVIL TERM ORDER OF COURT AND NOW, this Z'-- day of February, 2006, a hearing on the plaintiff's petition for special relief shall commence at 10:00 a.m., Tuesday, February 28, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Edgar Nathan C. Wolf, Esquire For Plaintiff Kara W. Haggerty, Esquire For Defendant Bayley, :sal .? -, ? :.? s3 (mac __ - ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW SHANNON RAE DOYLE, NO. 03-5407 CIVIL TERM Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SHANNON RAE DOYLE (hereinafter referred to as "Mother") and ROBERT E. HAHN, II, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely BRIANNA PAIGE HAHN, born April 27, 2002, and ETHAN TYLER HAHN, born April 16, 2003, (hereinafter referred to as "Children"), and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the patties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the Children. 2• Mother shall have primary physical custodyof the Children, 3• Mother shall relocate with the children to Oklahoma 4• The parties shall keep one another advised as to their respective current address and telephone numbers so that they may keep one another informed as to the welfare of the children and so that they may keep in contact with the children, 5• Father shall exercise partial physical custody of the Children for a period of four (4) weeks over the summer, provided that Father Provides Mother with at least forty-five (45) days advance notice. 6• Transportation for the summer custody shall be the responsibility of Father. 7• It is agreed that Father shall maintain the Children on his health insurance, and shall provide Mother with all necessary information regarding the health insurance coverage. 8. It is agreed that Father shall maintain health insurance coverage on the Children in lieu of any monetary support paid to Mother. 9• It is agreed that the within Agreement regarding support will not be modifiable for a period of two (2) years. The Agreement may be modified after the two (2) year period has expired provided that Mother experiences a substantial change in circumstances. For the purposes of this agreement a substantial change in circumstances shall be defined as a decrease of more than twenty percent (20%) from her current income level. 10. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other pang. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12• The parties desire that this Stipulation and Agreement be made an Order of Coup of the Court Of mammon Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have and shall retain jurisdiction over the issue of custody of the parties' minor Children who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other parry. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH. d- ate -4a?ANNO RAE DOYI,E ate BE . HAHN, II 51 nlr 1 GJ 7 ? C RECFI??rY- MAR P u NUO BY: ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW SHANNON RAE DOYLE, NO. 03-5407 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW this L1 day of 2006, the attached Custody Stipulation and Agreement is hereby made and Order of Court. cc: bXathan Wolf, Esquire For the Plaintiff .)I'ara W. Haggerty, Esquire For the Defendant 3 2? D y a!, 6 Z: I I IV I Z ?,VW 9052 ROBERT E. HAHN, H, Plaintiff vs. SHANNON RAE DOYLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5407 Civil Term ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Shannon Rae Doyle, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Shannon Rae Doyle, Petitioner, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 1340 Southwest 60th St., Oklahoma City, OK, 73159. 2. Robert E. Hahn, 11, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and is currently residing at 2120 Waggoner's Gap Road, Carlisle, Pa. 17013. 3. The parties are the natural parents of two children, namely: Brianna Hahn, date of birth, April 27, 2002; and Ethan Hahn, date of birth, April 16, 2003. 4. The parties are subject to an Order of Court dated March 21, 2006, which was a result of the parties' agreement. A- copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. After entry of the attached stipulation and custody Order, Mother subsequently moved from Pennsylvania to Oklahoma with the parties' two minor children. She has resided there with the children since July 2006. 6. Pursuant to the parties' agreement, of March 15, 2006, the prior custody Order provided that Mother would receive no child support for a period of two (2) years from the entry of the Order. 7. A substantial change of circumstances has occurred since the parties' prior agreement and subsequent Order because: A. Mother was a Certified Nurse's Assistance when she resided in Pennsylvania; however, after her move to Oklahoma, she learned that she could not work as a Certified Nurse. B. After entry of the agreement and subsequent Order, Mother became pregnant and is expecting her third child in March 2007. C. Mother was to start school in October 2006, in Oklahoma, to obtain her LPN license. However, due to her pregnancy she has not been able to attend the program under which she could obtain her license. 8. Mother is requesting that the current custody Order be modified. 9. It would be in the best interest of the children to modify this. Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 10. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Respectfully Date: ?_ .2 . 2 la96 Adams, Esquire kO No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 09/15/2006 15:17 FAX 4056321095 STAPLES 1027 002 2EIV D MAR 2 0 2006 ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, P ?fSYLVA,NIA vs. CIVIL ACTION L1.W SHANNON' RAE DOYLE$ NO. 03-5407 CIVIL TE Defendant IN CUSTODY ORDER OF COURT. AND NOW this day of 2006, the attached Custody Stipulation and Agreement is hereby made and Order c f Court. BY THE COURT, CC: Nathim Wolf, Esquire For the Plaintiff Kara "W. Habberty, Esquire For the Defendant AW) Ak ' 09/15/2006 15:18 FAX 4056321095 ROBERT E. HAHN, II, Plaintiff VS. STAPLES 1027 [a 003 IN TIE COURT OF COMMON PLEAS OF CUMMERLAND COUNTY, FENNSYLVANIA C WZ ACTION - LAW SHANNO]ST RAE DOYLE, NO. 03-5407 CIVIL 7ERVb Defendant IN CUSTODY r 5 ?r CUSTODY STIPULATION AND AGREEMr T "' I --S ?' STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SHANNON RAE LOYLE, (hereinafter refe=d to as Mother") and ROBERT E. HA N II, (hereinafter refen-ed to as "Father''). WHEREAS, the parties are the natural parents of mv children, namely BAL4.N v,4 PAIGE HAHN, bom April 27, 2002, and ETHA NT TYLER JJ4.1N, bom April 1.6, 2003, (hereinafter referred to as "Children"); and WPE.REAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical a 2d legal cw,,ody of their Chikhw- . NOW THEREFORE, in consideration of the mun.W covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the ChHdren. 09/15/2006 15:18 FAX 4056321095 STAPLES 1027 0004 2. Mother shall have primary physical custody of the CIildrm 3. Mother shall relocatewith the children to Qklahom136 4. The parties shall keep one another advised as to their respective current address and telephone numbers so that they m;.y keep one another informed as to the welfare of the children and so that they may lfleep in contact with the children. 5. Father shall exercise partial physical custody of the 12@dren for a period of four (4) weeks over the summer, provided that Father provides Mother with at least fortrfive (45) days advance notice. 6. Tiaasportation for the surmier custody shall be -:he responsibility of Father. 7. It is agreed that Father shall maintain the Chiliren on his health insurance, and shall provide Mother with all necessary infom ation. regarding the health insurance coverage. S. It is agreed that Father shall awintamn health insura ice coverage. on the Children in lieu of any monetary support paid to Mother. 9. It is agreed that the within Agreement regarding ,upport will not be modifiable for a period of two (2) years. The Agreement may be modified after the two (2) year period has expired p: -ovided that 'Mother experiences a substantial change in circumstances. For the purposes of this agreement a substantial change in circumstances ihall be defirted as a 09/15/2006 15:18 FAX 4056321085 STAPLES 1027 0005 degrease of more than twenty percent (20%) front, her current income level. 10. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the (10dren us to the otb!r party, or which may hamper the free and natural development of the C11ildren's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this AV eement on a permanent basis shall be effective only if made in writing, and only if executed with the same fonmlit)r as this Stipulation and. Agreement. 12. The parties desire that this Stipulation and Agreementt be made art Order of Court of the Court of Common Pleas of Gaml.erland County, and further acknowledge that the Court of Common P:.eas of Cumberland County does, in fact, have and shall retain jurisdiction over the issue of custody of the parties' minor Children, who have resided for at kan the past six (6) months in Cumberland Couat3r, Pennsylvaak 13. The parties stipulate that in malflng this Agreement, there has bi:en zw fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the i 09/15/2006 15:18 FAX 4056321095 STAPLES 1027 f? 006 Agreement i5 fair and equitable and that it is not th.: result of any duress or undue influence. IN `WITNESS IWUM EOF, the parties hereto intending tz) be legaiiy bound by the terms hereof, set forth their hands and seals the day and year hereinafter en d. VrTNESSETH- 03 1-6 114,7 / Dace 1RAE DOYLE f ate SE ,. HAHN, II VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: a-i-off Shannon Rae Doyle, Petitioner T ; W W 4 r ? ROBERT E. HAHN II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON RAE DOYLE DEFENDANT 03-5407 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 16, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 16, 2007 at 9:30 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 hearinp,. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Qj? 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 q I Rd OZ 93J L00Z -,Hl dO NATHAN C. WOLF, ESQ. WOLF & WOLF ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON RAE DOYLE, :NO. 2003-5407 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the plaintiff, Robert E. Hahn, II, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The plaintiff is Robert E. Hahn, II, an adult individual residing at 2120 Waggoners Gap Road, North Middleton Township, Cumberland County, Pennsylvania 17013. 2. The defendant is Shannon Rae Doyle, an adult individual residing at 1340 Southwest 60th Street, Oklahoma. City, OK, 73159. 3. Plaintiff seeks custody of the following children: Name Present Residence Brianna Paige Hahn (with Defendant) Ethan Tyler Hahn (with Defendant) 4. Plaintiff and defendant are the natural parents of the children. AP 4 years D.O.B. 4/24/2002 3 years D.O.B. 4/16/2003 5. The children were born out of wedlock. 6. The parties are subject to an Order for custody dated March 21, 2006, which established primary physical custody with Mother, subject to periods of partial physical custody each summer with Father, and shared legal custody between the parents. (A true and correct copy is attached hereto as Exhibit A). 7. The March 21, 2006 Order was entered as a result of the parties' stipulation which permitted Mother to relocate the children to Oklahoma City, Oklahoma where she anticipated that she would be employed as a Certified Nursing Assistant (CNA) and that she would be able to better support the children in that locale. 8. Several of Mother's family members reside in Oklahoma City, Oklahoma and Mother informed Father that if the children were to relocate with her, that they would enjoy the benefits of an improved standard of living because of her employment and her family support structure. 9. As a result of the agreement, the children relocated to Oklahoma City, Oklahoma on March 22, 2006 with their maternal uncle, and have remained there since the relocation. 10. Mother subsequently relocated to Oklahoma. City, in July 2006. 11. After the entry of the agreement and prior to Mother's relocation, Mother was charged with DU, Criminal Attempt at Escape, Harassment, and Disorderly Conduct arising out of an incident which occurred on April 15, 2006 and had a reported blood alcohol content of 0.20%. 12. Mother received ARD for these charges but as a result of the charges, Father believes and therefore avers that she is not able to be employed as a CNA in Oklahoma and therefore she now claims to be unable to support the children sufficiently. 13. Mother filed a petition for modification of the custody order of March 21, 2006 seeking to have the provisions concerning support addressed and said petition is scheduled for conciliation March 22, 2007. 14. Father believes that because Mother's own actions have led to her inability to provide for the children, that the factors which tended to favor her relocation are now not sustainable and that the children should be returned to Pennsylvania to the custody of Father. 15. Moreover, Mother has informed Father that she is now pregnant and is due in the immediate future and Mother has taken up residence with that child's father. 16. Nevertheless, Mother's own actions have rendered her unable to provide for the needs of the children and the remedy for that situation should not be imposing a financial obligation on Father without providing him with the opportunity to rear the children in his household. 17. Father is gainfully employed and has maintained the same employment for 7 years. 18. Father resides with the children's paternal grandfather and is able to provide a stable and nurturing environment for the children. 19. Prior to the relocation Mother and Father shared physical custody of the children such that Father had physical custody of the children for three days each week and was their primary caregiver during that time. 20. Father believes and therefore avers that permitting the children to remain with Mother does not serve the children's best interests and permanent welfare. 21. On the contrary, the best interests and permanent welfare of the children will be served by granting the relief requested herein because Father will be able to provide for the needs of the children in a more stable environment that Mother can offer, despite her characterization to the contrary preceding the relocation agreement. 22. Father has been closely and directly responsible for providing for the care and maintenance of the children throughout their lives. 23. Father acknowledges the need for the children to have a relationship with Mother and will, if given the opportunity, work to continue their strong relationship, provided their safety can be ensured. WHEREFORE, for the reasons set forth herein, plaintiff, Robert E. Hahn, II, respectfully requests that the Court enter an order granting primary physical custody of the children to the plaintiff, and grant periods of partial physical custody to Mother, along with any additional relief that the Court may deem appropriate. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: March 2Z, 2007 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff n ROBERT E. HAHN, II, Plaintiff VS. SHANNON RAE DOYLE, Defendant r f ,r RECEIVED MAR 2 U 't006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5407 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of , 2006, the attached Custody Stipulation and Agreement is hereby made and Order of Court. BY THE COURT, 0 cc: Nathan Wolf, Esquire For the Plaintiff Kara W. Haggerty, Esquire For the Defendant ,y 44hdr A ROBERT E. HAHN, II, Plaintiff VS. SHANNON RAE DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACITON - LAW NO. 03-5407 CIVIL TERl1M IN CUSTODY n-a /YJ c?a .7- cri r F- -r7 f"f-} - i -? rn CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SHANNON RAE DOYLE, (hereinafter referred to as "Mother") and ROBERT E. HAHN, II, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely BRIANNA PAIGE HAHN, born April 275 2002, and ETrIAN TYLER HAHN, born April 16, 2003, (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the Children. r^? n 2. Mother shall have primary physical custody of the Children. 3. Mother shall relocate with the children to Oklahoma 4. The parties shall keep one another advised as to their respective current address and telephone numbers so that they may keep one another informed as to the welfare of the children and so that they may keep in contact with the children. 5. Father shall exercise partial physical custody of the Children for a period of four (4) weeks over the summer, provided that Father provides Mother with at least forty-five (45) days advance notice. 6. Transportation for the summer custody shall be the responsibility of Father. 7. It is agreed that Father shall maintain the Children on his health insurance, and shall provide Mother with all necessary information regarding the health insurance coverage. 8. It is agreed that Father shall maintain health insurance coverage on the Children in lieu of any monetary support paid to Mother. 9. It is agreed that the within Agreement regarding support will not be modifiable for a period of two (2) years. The Agreement may be modified after the two (2) year period has expired provided that Mother experiences a substantial change in circumstances. For the purposes of this agreement a substantial change in circumstances shall be defined as a n ?? decrease of more than twenty percent (20%) from her current income level. 10. Neither parent shall do anything which may estrange the Children from the other party, injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have and shall retain jurisdiction over the issue of custody of the parties' minor Children, who have resided for at least the past six (6) months in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the f? Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WF EREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH )7, 1, U, ldtl-t-hi 1) 3 i` ate HANNON RAE DOYLE i Vate BE . HAHN, II VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. March 2 2007 obert a , II rn { ? a J?f 9 J. WVW?e ROBERT E. RAHN, II . Plaintiff v SHANNON RAE DOYLE, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5407 IN CUSTODY COURT ORDER AND NOW, this .2-1 day of March, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. Paragraph's 8 and 9 of the Custody Stipulation and Agreement incorporated as a Court Order by Order of March 21, 2006, are deemed to be a contractual agreement between the parties and are not deemed to be provisions of a Custody Order. The mother, Shannon Rae Doyle, may proceed with initiating an appropriate support action against the father, Robert E. Hahn, II, pursuant to the appropriate laws of support. However, no determination is made by this Court with respect to whether paragraphs 8 and 9 of the Stipulation signed by the parties shall be a defense to any support action that mother may initiate against father. BY THE cc: 446nie Adams, Esquire ;.,Kathan C. Wolf, Esquire F:\FII.ES\DATAFII.E\Genera6Current\1232191ahn v Doyle Report-Order Judge • D's ? _ o a t . :iz =4 LLI LA- ?3 t3 ? Ll- -i C ROBERT E. HAHN, II Plaintiff v SHANNON RAE DOYLE, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5407 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The mother has filed a Petition to Modify the existing Custody Order which, primarily, relates to paragraphs 8 and 9 of the Stipulation. Those paragraphs solely relate to support obligations of the parties. Based upon a Conference the Conciliator conducted with Judge and the Conciliator's view in this case, those provisions are contractual in nature and are not subject to modification by the Court in the custody case. The Conciliator recommends an Order in the form as attached. DATE: March 22, 2007 Hubert X. Gilroy, squire ,eL Custody Conci ' f or ROBERT E. HAHN, II : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW SHANNON RAE DOYLE, : NO. 03-5407 Defendant : IN CUSTODY COURT ORDER AND NOW, this --?ay of 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearm* is schedu d in Court Room No. 2 of the Cumberland County Courthouse on the /qQL day of 2007 atX y56 in. At this hearing, the father shall be the K moving party an all proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of custody in this matter shall remain in effect. BY THE 6URT, Judge Edgar B. Bayley cc: Afne Adams, Esquire ,,Xathan C. Wolf, Esquire J ?A F:\FQ,ES\DATAFILE\Generar\Current\12321\FORMS\Hahn v Doyle 2 Concilisdon Report-Ordecwpd U X M -} co r? c C%j =t tE f O ° N • ROBERT E. HAHN, II Plaintiff v SHANNON RAE DOYLE, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-5407 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brianna Paige Hahn, born April 27, 2002 and Ethan Tyler Hahn, born April 16, 2003. 2. A Conciliation Conference was held on March 22, 2007, with the following individuals in attendance: Jane Adams, Esquire, counsel for the mother, Shannon Rae Doyle, and Nathan C. Wolf, Esquire, counsel for the father, Robert E. Hahn, II. 3. Because of change in circumstances relating to mother's employment situation and other issues, father has petitioned to obtain primary physical custody of the minor child. Mother has relocated to Oklahoma pursuant to an agreement between the parties. The matter cannot be resolved at conciliation and a hearing is required. The Conciliator recommends an Order in the form as attached. DATE: March 22, 2007 ROBERT E. HAHN, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON RAE DOYLE DEFENDANT 03-5407 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 29, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 27, 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/ Hubert X. Gilroy, Es q. 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 M? I I V Z- HY LODZ ROBERT E. HAHN, II Plaintiff V. SHANNON RAE DOYLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 03 - 5407 : IN CUSTODY MOTION TO WITHDRAW APPEARANCE AND NOW COMES, Jane Adams, Esquire, and respectfully represents the following: 1. Jane Adams, Esquire (hereinafter referred to as "Counsel") is currently representing Shannon Rae Doyle, Defendant, in the above-referenced matter. 2. Plaintiff is represented by Nathan Wolfe, Esquire. 3. This matter was previously ruled upon by Judge Edgar B. Bayley. 4. A custody hearing was originally scheduled for June 14, 2007 in the above-captioned matter. 5. Upon the request of counsel for Defendant's request, and Plaintiff s concurrence, the hearing was rescheduled to July 25, 2007. 6. Counsel for Defendant has been attempting to contact Defendant, Shannon Doyle regarding the upcoming hearing, to no avail. 7. On May 22, 2007, Counsel sent Defendant a letter via certified and regular mail at her last known address, requesting that she contact Counsel. A copy of said letter is attached as "Exhibit A". 8. To the best of Counsel's information and belief, the certified mail was never picked up; however, the regular mail was delivered, as it has not been returned to Counsel as of this date. 9. Counsel has attempted to contact Defendant the telephone numbers previously provided; one number was disconnected and the other number did not allow Counsel to leave a message. 10. Counsel does not believe she can adequately represent Defendant if she is unable to contact Defendant and properly prepare for the upcoming hearing. 11. Defendant has not honored her fee agreement with Counsel. 12. Plaintiff's Counsel, Nathan Wolfe, was contacted regarding this matter, and he has no opposition to Counsel's request to withdraw. WHEREFORE, Jane Adams, Esquire requests that this Honorable Court issue a rule to show cause and permit her to withdraw her appearance from the above-captioned matter. Respectfully Submitted, Date: l . By. Jane s, Esquire I.D. o 9465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT Jane Adams ATTORNEY AT LAW 64 SOUTH PITT STREET CARLISLE, PA. 17013 (717) 245-8508 voice (717) 243-9200 fax esgadams a,aol.com VIA CERTIFIED AND REGULAR MAIL May 22, 2007 Shannon Doyle 1340 Southwest 601h St. Oklahoma City, OK 73159 Re: Hahn v. Doyle No. 03 - 5407 Civil Term Dear Shannon: As you know, a custody hearing has been scheduled for June 14, 2007 before Judge Bayley. Yesterday I tried to contact you via the telephone numbers you previously provided. The one number was disconnected and the other number did not allow me to leave a voice mail. Please contact me immediately at the above-listed number in order to make arrangements to prepare for the custody trial and to make payment arrangements as provided by my fee agreement. Thank you for your attention to this matter. Very truly yours, J e Adams, Esquire cc: Shannon Doyle CERTIFICATE OF SERVICE AND'NOW, this I I" day of June, 2007, I, Jane Adams, Attorney for Defendant, hereby certify that a copy of this MOTION has been duly served upon the Plaintiffs counsel by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: Nathan Wolfe, Esquire 10 W. High St. Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF Shannon Doyle 1340 Southwest 60th St. Oklahoma City, OK, 73159 DEFENDANT J dams, Esquire I. No. 79465 6 oV uth Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT -- C7 ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON RAE DOYLE, DEFENDANT 03-5407 CIVIL TERM ORDER OF COURT AND NOW, this 9 day of June, 2007, upon agreement of counsel, the custody hearing currently scheduled for June 14, 2007, is cancelled and rescheduled to commence at 8:45 a.m., Wednesday, July 25, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Edgar B. Bayley, T ?athan C. Wolf, Esquire For Plaintiff X'-ne E. Adams, Esquire r Defendant :sal c O LLJ C, -- 7 S I li U-tu :-Z e-.. Ca -j Ty N CJ i oa??smw? '?- ROBERT E. HAHN, I1 V. Plaintiff SHANNON RAE DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03 - 5407 : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this ?,? day of S ?, 2007, a Rule to Show Cause is issued for Defendant to show cause as to why the relief requested should not be granted. Rule returnable in days, after mailing, via regular first class mail. BY THE COURT: J. cc: Jane Adams, Esquire Nathan Wolfe, Esquire Goo"?, fw?-Q,?,? ? - ? 4 - b 7 _ _7W 0 -C W'd ll I Nillr LOU ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03 - 5407 Civil Action Law SHANNON RAE DOYLE, Defendant IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Jane Adams, Esquire, and respectfully represents the following: 1. Jane Adams, Esquire (hereinafter referred to as "Counsel") is currently representing Defendant, Shannon Rae Doyle, in the above-referenced matter. 2. Attorney Nathan Wolfe, Esquire, is currently representing Plaintiff in the above- captioned matter. 3. Counsel filed a Motion to Withdraw her appearance on June 11, 2007. 4. On June 14, 2007, a Rule to Show Cause was issued upon Defendant to show why Counsel could not withdraw her appearance. Said Rule was returnable after 5 days of mailing via regular, first class mail. (Please see Exhibit A.) 5. Said Rule was mailed via regular mail to Defendant on June 20, 2007. (See Exhibit B, Affidavit of Service.) 6. On or about June 13, 2007, Counsel spoke with Defendant, and based on that conversation, Counsel was under the impression that Mid-Penn Legal Services would be representing her in this matter. 7. Counsel contacted Mid-Penn Legal Services regarding their representation of Defendant and forwarded a Praecipe to Withdraw and Appear, but such Praecipe was never returned. 8. Defendant has not honored her fee agreement with Counsel, and has not stayed in regular contact with Counsel regarding this matter and therefore Counsel does not believe she could effectively represent Defendant. 9. This matter was previously ruled upon by Judge Edgar B. Bayley. 10. Attorney Nathan Wolfe, who represents Plaintiff, was previously contacted regarding this matter and indicated he did not object to Counsel's request. WHEREFORE, Jane Adams, Esquire requests permission to withdraw her appearance from the above-captioned matter. Respectfully Submitted, Date: ?- By: Jane d Equire 1. . No. 9465 Sou Pitt St. arli e, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT Olpi 1 2 no ROBERT E. HAHN, II IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW SHANNON RAE DOYLE, :NO. 03 - 5407 Defendant : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this / V'L day of , 2007, a Rule to Show Cause is issued for Defendant to show cause as to why the relief requested should not be granted. Rule returnable in 6" days, after mailing, via regular first class mail. BY THE COURT: cc: Jane Adams, Esquire Nathan Wolfe, Esquire nM CaPy FROM REWRI . Tommy w1wow, l here U ft so my Imm t 8" of ul "4a at C ? M J 11., 1 IE)d-f-) P.? i Vim" . C _t rv C-711 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT E. HAHN, II, Plaintiff V. SHANNON RAE DOYLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2003- 5407 CIVIL TERM IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF ROBERT E. HAHN, II NOW COMES counsel of record for the plaintiff, Robert E. Hahn, II, Nathan C. Wolf, Esquire, and respectfully submits this Petition for Leave of Court to Withdraw as Counsel for the plaintiff, Robert E. Hahn, II, pursuant to PA.RC.P.1012, and in support thereof, avers as follows: 1. Plaintiff filed a Custody Complaint on or about November 16, 2004 and has received services from the counsel of record from this date to the present. 2. The Petitioner and Plaintiff entered into an AttorneyAlent agreement. Said agreement states that "I reserve the right to... terminate our attorney-client relationship if you do not pay the fees or expenses and costs within thirty (30) days of billing." 3. Defendant has made no payment since March 16, 2007. 4. Petitioner sent Plaintiff regular monthly statements reflecting the fees owed for services rendered as well as periodic letters with regard to the above-referenced matter. 5. The Plaintiff has failed to substantially fulfill his financial obligation to the Petitioner regarding Petitioner's legal fees and Plaintiff has been given reasonable warning that Petitioner will withdraw unless said financial obligation is fulfilled. Good cause thus exists pursuant to Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 6. The continued representation of the Plaintiff without payment of Petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner. Good cause thus exists pursuant to Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 7. Concurrence with the filing of this petition was sought and granted from opposing counsel of record, Jane Adams, Esquire. WIIEREFORE, the petitioner, Nathan C. Wolf, Esquire, respectfully prays that this Court grant leave for the undersigned to withdraw his representation of Plaintiff, Robert E. Hahn, II, and to grant any further relief that the Court deems appropriate. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: July, 2007 By_ Na If, Esquire 1 est igh Street C r ' e. PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition of Plaintiff's Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: July ??, 2007 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON RAE DOYLE, :NO. 2003- 5407 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition for Leave to Withdraw as Counsel to the below listed persons: Robert E. Hahn, II 2120 Waggoners Gap Road Carlisle, PA 17013 Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Dated: July ?1 , 2007 C) c a C"? ? ??1 v . t d;3 R co ,c ROBERT E. HAHN, II, Plaintiff V. SHANNON RAE DOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5407 Civil Action Law : IN CUSTODY ORDER WHEREFORE, this 10 day of J '2007 it is hereby ORDERED AND DECREED that Jane Adams, Esquire, may withdraw her a pearance on behalf of Shannon Rae Doyle. cc: Jane Adams, Esquire Nathan Wolfe, Esquire 0_ 910 R 1 1 !PF LOU 411 dO ,031H ROBERT E. HAHN, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03 - 5407 Civil Action Law SHANNON RAE DOYLE, Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Pursuant to the attached order of July 11, 2007, please withdraw my appearance on behalf of Shannon Rae Doyle in the above-captioned matter. Respectfully Submitted, 7 Date: 964 e Adams, Esquire S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 JUL 112DD7/' ROBERT E. HAHN, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON RAE DOYLE, Defendant No. 03 - 5407 Civil Action Law IN CUSTODY ORDER WHEREFORE, this day of (- L' , 2007 it is hereby ORDERED AND DECREED that Jane Adams, Esquire, may withdraw her appearance on behalf of Shannon Rae Doyle. cc: Jane Adams, Esquire Nathan Wolfe, Esquire BY THE COURT: J. MU ire unto set my h?t? I Te?imoAy wheteo#, ? l " of said at CatMtlo c) N 71 r7 : r - C7 " 1 3 Imusm NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON RAE DOYLE, :NO. 2003- 5407 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW this 116 day of July, 2007, upon consideration of the foregoing Petition for Leave to Withdraw as Counsel for Plaintiff Robert E. Hahn, II, the requested relief therein his hereby GRAN'T'ED and counsel is hereby authorized to file a praecipe to withdraw as counsel with the Prothonotary and to serve notice of this Order and such praecipe upon Plaintiff Robert E. Hahn, II, and counsel for all other parties to this m LLJ tfs ? i _cT a NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ROBERT E. HAHN, II, Plaintiff V. SHANNON RAE DOYLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2003- 5407 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of NATHAN C. WOLF, ESQUIRE, as attorney of record for Plaintiff, ROBERT E. HAHN, II, in this matter. Respectfully submitted, WOLF & Date: July-/12007 Nathafi C. , Esquire p241 Street 013 , PA -474366' Supreme Court I.D. No. 87380 Attorney for Defendant .r 1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHANNON RAE DOYLE, :NO. 2003- 5407 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Praecipe To Withdraw Appearance of Counsel of Record to the below listed persons: Robert E. Hahn, II 2120 Waggoners Gap Road Carlisle, PA 17013 Jessica C. Holst, Esquire Mid-Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 For the Defendant Dated: July /--/12007 ?? ? ?, C::? iw -- _ t _ ...V1 l i ,_. .`.?v ?, l/ ROBERT E. HAHN, II, Plaintiff V. SHANNON RAE DOYLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5407 CIVIL TERM : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Shannon Doyle, in the above captioned case. tted, JesFpl'a Holst; Esquire M' Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: Y Iq ' .4 - ROBERT E. HAHN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-5407 CIVIL TERM SHANNON RAE DOYLE, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Shannon Doyle, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: 'tom" Mire'nn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ? z /,.?'^'-?? , ? 4'? ? f <...-. ??. "Y?7 ".. S ? ??. f ?,."? ? 5 ?? ' ? O v "-i ?.,. ?. r.' •A' ROBERT E. HAHN, II, PLAINTIFF V. SHANNON RAE DOYLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5407 CIVIL TERM ORDER OF COURT AND NOW, this Z''1 , day of July, 2007, a hearing having been called on a petition of Robert E. Hahn, II, to modify a custody order entered on March 27, 2006, and Robert E. Hahn, II, having failed to appear, the petition IS DENIED WITH PREJUDICE. ,,d'essica Holst, Esquire For Shannon Rae Doyle ,Kobert E. Hahn, II, Pro se 2120 Waggoners Gap Road Carlisle, PA 17013 :sal iLIJ C-J ? ` - C-4