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HomeMy WebLinkAbout04-0191TARA PEIFER, Plaintiff v. TIMOTHY PEIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE AND CUSTODY NO. !?~-~~ ~ CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Cazlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVII. ACTION -LAW IN DIVORCE AND CUSTODY TIMOTHY PEIFER, Defendant : NO. ~ y' ~ ~ ~ CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Tara Peifer, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce and custody: COUNTI DIVORCE UNDER 23 Pa.C.S. &&3301(cl. 3301(dl and 3301(al(61 OF THE DIVORCE CODE 1. Plaintiff is Tara Peifer, who currently resides at 303 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania, since February, 2003. 2. Defendant is Timothy Peifer, who currently resides at 260 North Street, Harrisburg, Dauphin County, Pennsylvania, since February, 2003. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 15, 2002 in Lewisberry, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since February 22, 2003. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Defendant has offered such indignities to Plaintiff, an innocent and injured spouse, as to render her condition intolerable and life burdensome. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II CUSTODY 10. Plaintiff repeats and realleges paragraphs 1 through 9. 11. Plaintiff seeks custody of the following child: Name Present Residence Age Lillian A. Peifer 303 North Market Street 1 Mechanicsburg, PA 17055 The child was born out of wedlock. Date of Birth April 1, 2002 The child is currently in the custody of Tara Peifer, who resides at 303 North Market Street, Mechanicsburg, Cumberland County, PA 17055. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Tara Peifer 303 North Market Street Mechanicsburg, PA 17055 Tara Peifer Timothy Peifer 303 North Market Street Mechanicsburg, PA 17055 Tara Peifer Timothy Peifer 701 Quaker Circle Apartment 3 Lewisberry, PA 17339 The mother of the child is Tara Peifer. She is married. The father of the child is Timothy Peifer. He is married. Dates February 22, 2003 until present February 8, 2003 - Feburary 22, 2003 April 1, 2002 -February 8, 2003 12. The relationship of the defendant to the child is that of father. 13. The relationship of the plaintiff to the child is that of mother. 14. 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 another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff is the primary caretaker of the child; b) Plaintiff provides the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c) Plaintiff has permitted and encouraged continuing contact between Defendant and the child and will continue to do so; d) Plaintiff is willing to accept custody of the child; e) Plaintiff continues to perform the parental duties and enjoys the love and affection of the child. 16. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal custody and primary physical custody of the child. Respectfully submitted, Date ~~/'/~6~/ 1,crG~1l~ ~ ~o~ Alys'a L. Hudock Certified Legal Intern THOYM~~~I PLA, EI ! v 7" ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2368 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ~ /%~ /0~ Date ~- /- . Tata Pei er ( '. \J (:: ; ~.. _~ a ~ ) ( ~ TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY TIMOTHY PEIFER, Defendant : NO. ~ ~(~ (q~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Taza Peifer, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the PartY• Respectfully submitted, Date. ~~~~{~B ~ ~~ GCS ~ ~~G~ Alys L. Hudock Certified Legal Intern e. THOMAS~N .. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 r> ~~ _~ r 3 TARA PEIFER IN THE COURT Ol~ COMMON PLEAS OF PLAINTIFF CUMBERLANll COUNTY, PENNSYLVANIA V. TIMOTHY PEIFER • 04-191 CIVIL AC"PION LAW DF,FENDANT IN CUSTODY ORDER OF COI7RT AND NOW, _ Friday January 23 2004 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJ_acqueline M. Verne Esq ,the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Tuesday, February 10, 2004 at 9:30 AM for aPre-Heazing 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 ake 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 COCIR'I', By: /s/ ~a~gr aline A---~ Vern~~ F4q 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 LEAVE AN ATTORNEY OR CANN01' AFFORD ONE, GO TO OR TELEPHONE 'I"HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1.7013 Telephone (717) 249-3166 °~~ ~`' -~ ~~ ti, ~i, ~ ~' ~~ Y~~ FYI I I.~~1 In iLL -~I~ ^'.1. ~ ~ ~Q '7_] l.-1 MATTHEW HOCKENSMITH IN THE COURT OF COMMON PLEAS OE PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDIE MENTZER • 04-193 CIVIL ACTION LAW IN CUSTODY DEFF,NDANT ORDER OF COi1RT AND NOW, Friday, January 23 2004 ,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 Tuesday, February 10, 2004 at 10:30 AM for aPre-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'I'HE COURT, By: /s/ j~gtoline 1lg Verngv Esp. ~ 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 ol~ce. 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 AT"I'ORNEY OR CANNOT AFFORD ONE, GO TO OR'fEL,EPHONE T'HE 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 ~ ha ~~° i -~~ y '°~~ ~~ I f~ ~a „ 1 i `i Iv 6:,. E,. ~ F~~) ., i ... ~~ ~{ L ~,, u . ~ TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY TIMOTHY PEIFER, Defendant : NO. 04-191 CNIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C. S. §4904 (relating to unswom falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint on the Defendant by placing the same in the U.S. Mail, certified no.7002 0860 0001 5847 8462, restricted delivery, return receipt requested, postage prepaid, on the 28th day of January, 2004, addressed as follows: Timothy Peifer 260 North Street Harrisburg, PA 17101 Sender's receipt number 7002 0860 0001 5847 8462 is attached hereto and incorporated by reference. On or about the 11th day of February, 2004, green return receipt number 7002 0860 0001 5847 8462 was delivered to the Family Law Clinic, bearing the signature of Timothy Peifer, and showing a date of service of the 10"' of February, 2004. The return receipt is attached hereto and incorporated by reference. Date: ~~~i/~~f- ~, ~ ~~ j Al is L. Hudock Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St Carlisle, PA 17013 (717)342-2968 C ti S ~° s~ G '~7 T~ iJ7 ~ ~ .I r'~-- W I ;i5 ~i , ?a+n ~ C.~. .~ _~ Cr7 ,b~ - C ~~; ~ _~ -'~ O :mac. h3 '" "~ ~ 'l~ ~ ~ m K ti •. / ' '~i~ ~~~, ~_. /~ ~ ~ ~1\1 ~ 4Y C. O 11-}V Ca. ihetl Fail _ ~ ~¢'x" \ ~ ///° ~~ ~ O Ier~/n Rnue:{d Far ! SSSFFF ..0 IEntl rsempm 4et wrtU G ~ U erk 0 Rggt !cfetl Dnlirer/Fee ~~ (En0<9empm {Ip~Jimtl _ 3 5a 24p4 O ILfgl POafgF.061'eep ' 1$ C J ~ J v _.. e/ Po Bex Na - (as/anaa) Zees 1!1atl'e09e m.~y ~~ yr, ~_ W-Zn-,PFSZO~. ',S/la6ul ue fiu)>lew uay/n U luesa/d pue ~d)asa/ s)yal eae ouNtll~tlOdWI . 'pew Pue a6elsod 41Vn I¢gEl x!BE Pue 4oElaP'P P pEW P¢y!Liap a41 uo 3!;ewisod a it '6u!„~ewisod i oay aefy uoa~ wisotl a 11 ^ _!11E ayi Iuasaad aseeld'pailsep sl ldleoel PfGan~O P~°uisaHo iuawasiopua e4141!m eaaldl!ew a4l W¢w io>Iielo a43 aslnpy'lue6E ~y io4lne s aasseippE euoP!Ppe ue ~¢d ^ to aasswPP¢ a41 0l P¢laPisw a9 dew Nan9aP .pannbai a, ~ a mod uo Wewisod SdS(1 a 'ldlaoai wnlal alEalldnP E e sanbad ld.~aoetf wnlaa„ aaa!dllew aslopdieoakl s! 3Alaow 1!eW P .!.P 0 e aniaoa~ of ..P } E u¢ alo!Ue eyl °i ll leE wi°d Sd)1 . iol+an!em aa! Ea! dde PP P aoay wn1aH ulelq° ol'Nen9eP a41 ~anoo 07 a6eisod eiq I umlay a 'ee; leuoll!PP¢ ue god ^ wnla7i e 4o¢u¢ Pue aial anbe;aaq ~e aid area ! /u toad aP!nad of Pals eaaisl6ay ao pamsu! lap!suoa aseeld 'salgenlen •pEW P iod .peW pa!iPiap 43!M 0301AOtld SI 3`Jtlde OE iou s I~W P¢!1!Ua0 ~ ~I!ew !euollewaiul io sselo due ioi al9 I. dew peW Pa~V~>'ap ^ ssei0~3snd 41!m Paulgwoo eq AN e,~¢pu/way /ueuodw/ ~peW d1PoPd io I!¢W ~oaei tl ^ stead oMl loy aolniaS I¢lsod ¢43 dq lda'I NanpeP W P /uanpap uodn amieu6!s tl ^ aoa!dl!¢w anod col ia8!luaP! anblun tl • 1dlaoaa 6u11!ew tl • :saPlna/d I1eW PaN!Na~ • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~"M-rr~lac»^ ~ PA C~ l'll01 -~ ~~ „~~e rvumoer (Copy /rom service /abe/J ~oaa p 8~ PS Form 3811, July lggg A. Received bY~/e4ase P,~in~ ClearlYY1 B. C. Signature~~~~- X ~ ~~~ D. Is deliv~ d~~~t from ite p If YES, enter delivery address below: ^ No 3. Service Type -- ~&J Certified Mail ^ E;cpress Mail ^ Registered ~ Return Receipt for M ^^ Insur~ emhandise O.D. 4. Restrictetl Delivery? (Extrv Feat ,~y v ., i ~~/ s8 ~7 X y< Domestic Return Receipt 102595-9g-M-1]89 ' First-Class Mail UNFTED STATES POSTAL SERVICE Postage & Fees Paid USPS ~ Permd No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box ~a~) ~~1r7/c ~,~-- ~(~Ktns~n ~. a~+n: ~a~yss~ p~ ~-~0~3 ~~~~ ~~ t,,,ni„.-If„..,,n„n,,,-,n,~,,,i„i,.n„~„~,~a,,,,m ..- -*.. i FEB 1 1 2004 TARA PEIFER, Plaintiff V. TIMOTHY PEIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2004-191 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this _~ day of ~C1o . , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tara Peifer, and the Father, Timothy Peifer shall have shared legal custody of Lillian A. Peifer, born April 1, 2002. Each pazent 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 her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have partial physical custody of the Child every Tuesday and Thursday from 12:00 noon until the following morning. Father shall deliver the Child to the Learning and Play Center (Daycare) before noon on Wednesdays and Fridays. 4. Transportation: Transportation shall be shazed by the parties. Mother shall be responsible for transporting the Child to Father's residence on Tuesdays and Thursdays. Father shall contact Mother in advance if he is unable to exercise his custodial time. If Father is not home at the scheduled custody exchange time, and no call has been received by Mother indicating that Father is en route, Mother shall wait one-half hour and shall be free to proceed with alternate plans for the day if Father fails to appeaz. Father shall be responsible for ensuring the Child arrives at Daycare before noon on Wednesdays and Fridays. 5. Holidays: The holiday custody schedule shall supersede the normal physical custody schedule outlined above. Transportation shall be opposite of the normal schedule; the party receiving custody shall be responsible for the transportation of the Child. A. Christmas: The Christmas holiday shall be split between the parties. On Christmas Eve, Father shall have physical custody of the Child \1 11 I 1 ~ ~, ~ ,1.,,~ ~ J R1h~ ~ :1~ii~ sz ~ ~ i ~~~ a - ~~3 haot ,t~~~~~~<r:~~~~ .1~,. ~.,,,i ~r_Q=ill_3 from 12:00 noon unti19:00 p.m. Mother shall have physical custody of the Child on Christmas Day. B. Thanksgiving: Thanksgiving day shall be split between the parties. During even years, Father shall have physical custody of the Child from 9:00 a.m. to 4:00 p.m. Mother shall have physical custody of the Child from 4:00 p.m. to 9:00 p.m. Times shall be reversed during odd numbered yeazs. C. Mother's Day/Father's Day: Mother shall always have the Child on Mother's Day, and Father shall always have the Child on Father's Day. The custodial period on Mother's Day and Father's Day shall be from 9:00 a.m. to 7:00 p.m. D. All other holidays shall be shared by the parties as mutually agreed. 6. Neither pazent shall consume alcohol to the point of intoxication while the Child is in his/her custody. Neither parent shall use illegal drugs while the Child is in his/her custody. 8. The parties shall keep one another advised of their current address and telephone number. 9. Mother and Father will notify each other of all medical care the Child receives while in that parent's care. Mother and Father will notify each other immediately of medical emergencies that azise while the Child is in that pazent's caze. 10. Neither parent shall do anything that may estrange the Child from the other parent, or injure the opinion of the Child as to the other pazent, or that may hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C/OU~RT, ~1/ cc: Alysia Hudock, certified legal intern, Counsel for Mother Anne MacDonald-Fox, Esquire, Family Law Clinic Timothy Peifer, pro se ~e,a~.~ ~. / 9-o y 0 ~~~~, 260 North Street Harrisburg, PA 17101 ~^ TARA PEIFER, Plaintiff V. TIMOTHY PEIFER, Defendant PRIOR NDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-191 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lillian A. Peifer April I, 2002 Mother 2. A Conciliation Conference was held in this matter on February 10, 2004. Present at the conference were Mother, Tara Peifer, with her counsel, Alysia Hudock, certified legal intern, and Anne MacDonald-Fox, Esquire, Family Law Clinic and Father, Timothy Peifer, pro se. The parties agreed to an Order in the form attached. i0 - a ~ ~ .~--.-.,r Date ( acq line M. Verney, Esquire Custody Conciliator TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v' :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY TIMOTHY PEIFER, Defendant : NO. 04-191 CIVIL TERM AFFIDAVIT OF CONSEN7C A complaint for divorce under § 3301 (c) of the ]Divorce Code was filed on January 14, 2004. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true .and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date: ~ ! o ~'~ O 'a Pe' er, Plamti \.; o O 1' -["1 11~= _~ ~~7 ~--~ -:}U ice. S~> I~ - ~~-' 11 ;;~ ~i~ ~ _~~ ~~ l .{ TARA PEIFER, Plaintiff v. TIMOTHY PEIFER, Defendant IN THE COUR"C OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE AND CUSTODY NO. 04-191 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER§ 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is gra~rted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree is sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: / -> ~~ o ~~ s- -_ _. -- __, '1' _ t _'_ i~ . ~ Y '~ ~ ;~ ' ^ J O `-' ~ ~ (a - n C7 ~ T~ L..l C.~ TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE AP~iD CUSTODY TIMOTHY PEIFER, Defendant : NO. 04-191 CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY ORDER Tara Peifer, by her counsel, the Family Law Clinic, hereby petitions the Court for modification of its previous custody order. In support of her petition, the petitioner states: 1. The parties, Tara Peifer (Mother), and Timothy Peifer (Father), are the parents of Lillian A. Peifer, born April 1, 2002. 2. On February 18, 2004, an Order of Court was entered granting Mother primary physical custody of the child and Father partial physical custody every Tuesday and Thursday from noon until the following morning. Mother and Father have shared legal custody of the child. A copy of Order is attached as Exhibit A. 3. The February 18, 2004 Order should be modified because: a. Father frequently has failed to be present when Mother has transported the child to Father's home at the start of his partial custody periods. b. Father's repeated failure to be available to exercise his scheduled partial custody periods has caused mother to take time off work unexpectedly on several occasions, which has put her employment in jeopardy. c. Father's failure to be present for the exercise of his scheduled partial custody periods has caused instability in the lives of Mother and the child. d. When Father fails to be available as scheduled for his partial custody periods, the child is dissapointed. Such frequent frustration of the child's expectations is not in the child's best interest. e. Father does not advise Mother in advance when he is not available to exercise his partial custody periods. £ Mother would encourage Father's having regular periods of partial custody if Father would consistently adhere to the scheduled partial custody periods. h. It is in the best interest of the child that the Court grant Mother primary physical custody of Lillian A. Peifer and Father periods of partial physical custody at times mutually agreed to by the parties. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody, granting Mother primary physical custody of Lillian A. Peifer and Father partial physical custody at times mutually agreed to by the parties. Date: 8 ~~ ~~ Jaso C. Evans Certi red Legal Intern _, ii ~ d,. THO iv1. PLACE ROBERT E.. RAINS LUCY JOHNSTON-WALSH ANNE FO}:-MACDONALD Supervising Attorneys FAMILY L.9W CLINIC 45 N. Pitt. St. Cazlisle, PA. 17013 717 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date ~ aO O~ Tara Peif r (_) h? C,. v:_~ ° .. i t_ t ~ ; ,._ . --~ 1.. V I I'I ~' Li ~ (I l i. CJ ~~ ~, TARA PEIFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-191 CIVIL ACTION LAW TIMOTHY PEIFER 1N CU S'FODY DEFENDANT ORDER OF COURT AND NOW, Wednesday August 25 2004 ,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, September 16, 2004 at 10:30 AM for aPre-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/ Tacqueline M. Vern, Fs.~_a,__.--mnc 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 TIIIS PAPER TO YOUR ATTORNF;Y AT ONCE. IF YOU DO NOT HAVE AN A"ITORNEY OR CANNOT' AI'FORD ONL', UO'FO OR TTLEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE'F LEGAL HELP. Cumberland County Bar Assaeiation 32 South Bedford Street Carlisle, Pennsylvania 170].3 Telephone (717)249-3166 ~~~ ~;~~- ~~ ~o ~~. ~ ~o- ~~° -$ m~n+nusr~r~a uN~o~ ~~~;~~~wn~ c ~ :e r+d 9z inn aooa Jlt~fi0NUH1(~9~i ?Nl ~© 3J1a~Q~{33'il~ TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY TIMOTHY PEIFER, Defendant : NO. 04-191 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint for divorce under § 3301 (c) of the Divorce Code was filed on January 14, 2004. 2. The man•iage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce afrer service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date: 8 ~ ~ v I ~c~- Timothy Peifer, Defendant TARA PEIFER, Plaintiff v. TIMOTHY PEIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAVJ IN DIVORCE AND CUSTODY NO. 04-191 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER§ 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree is sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ ~ 51 ~ ~ /;~ ~~ r--- _ 9~ -~ ___ Timothy Peifer, Defendant - ~ ~ t' ,~ `- S€P 17 2004 ,. TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V : N0.2004-191 CIVIL TERM CIVIL ACTION - L.AW TIMOTHY PEIFER, : IN CUSTODY Defendant ORDER OF COURT 2004, upon AND NOW, this 23 day of S P iQ consideration of the attached Custody Conciliatio Port> .t is ordered and directed as follows: The prior Order of Court dated February 18, 2004 is hereby vacated. 2. The Mother, Tara Peifer, shall have sole leg~rl and sole physical custody of Lillian A. Peifer, born April 1, 2002. 3. Father shall have periods of partial physical custody as the parties agree. 3. This Order is entered pursuant to a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc,3bnmfer Smitrovich, certified legal intern, Counsel for Mother Luyy~~y3~ Johnston-Walsh, Esquire, Family Law Clinic ~mothy Peifer, pro se 260 North Street ~~ Harrisburg, PA 17101 V I' ~ ~ /-vin/t~7t0. ~ ~~ p5 a3-off nv mvc /~nf iRT ~.. .,d "' er' ' p . t.~~~. --- '- I]_ _ fJ. ~.. ~~)~~.~ J' ._. ~: i,l_ 1 l~ f ~ ~I:t ': t~J (~ 1 ~ .' L,aJ (=. /) J t L --7" =` ~ ~~ ; cv U TARA PEIFER, : IN THE COURT OF' COMMON PLEAS OF Plaintiff :CUMBERLAND CCIUNTY, PENNSYLVANIA V :2004-191 CIVIL TE][iM : CIVIL ACTION - I,AW TIMOTHY PEIFER, IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, 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 Cluld who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF A ril 1, 2002 Mother Lillian A. Peifer P 2. A Conciliation Conference was held in this matter on September 16, 2004. Present at the conference were Mother, Tara Peifer, with her counsel, Jennifer Smitrovich, certified legal intern, and Lucy Johnston-Walsh, Esquire, Family Law Clinic. Father, Timothy Peifer, although he received notice of the; conciliation conference did not appear. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated February 18, 2004 providing for shared legal custody, Mother having primary physical custody and Father having two overnights per week. Mother filed a Petition to Modify alleging Father has consistently missed his periods of custody. 4. Mother requested an Order in the form attached. Q-~- °- Date ac eline M. Verney, Esquire Custody Conciliator TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE AND CUSTODY TIMOTHY PEIFER, Defendant : NO. 04-191 CIVIL TERM AFFIDAVIT OF CONSENT A complaint for divorce under § 3301 (c) of the Divorce Code was filed on January 14,2004. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date: 8 3 ~ - O ~ ~ ~-~_ Timothy Peifer, Defendant TARA PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. IN DIVORCE TIMOTHY PEIFER, Defendant NO. 04-191 CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer Smitrovich, hereby certify that I am serving a true and correct copy of the Praecipe to Transmit Record and the plaintiffs Waiver of Notice and Affidavit of Consent forms on Timothy Peifer, by First Class United States Mail, at the following address: Timothy Peifer 260 North Street Harrisburg, PA 17101 Date: l ~ a~ Je ife Smitrovich C ified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Cazlisle, PA 17013 (717) 243-2968 TARA PEIFER, Plaintiff, v. TIMOTHY PEIFER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 04-191 CIVIL TERM PRAECIPE TO TRANSMIT THE RECORD Please transmit the record, together with the following information, to the court for entry of a divorce decree: L Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery, return receipt requested, service complete on February 1 Q, 2004. 3. Date of execution of the Affidavit required by § 3301 (c) of the Divorce Code: by Plaintiff on May 18, 2004; by Defendant on September 20, 2004. 4. Related claims pending: NONE. 5. Date Plaintiffls Waiver of Notice was filed with the prothonotary: May 20, 2004, date Defendant's Waiver of Notice was filed with the proth notary: t ber 9, 2004. r Date: ~ ~ a'~l ~~~ Je ~fer'S trod C rtified Legal Ilntern ~Cc. alp _~``L('1C~ OB EbrRAINS THO S M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (?17) 243-2968 c? -, . c:? c .. ~, ~- C>> u, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ~. ~. ~. ;; Tara Peifer Plaintiff N ~~ ©'1 191 VERSUS Timothy Peifer Defendant DECREE IN / 1 DIVORCE ~ r/~ ~r AND NOW, ``~•/w "V~ S ,~, IT IS ORDEfR'ED AND DECREED THAT Tara Pelfer PLAINTIFF, AND Tifiothy Peifer ,DEFENDANT, ARE DIVORCED FROM THE: BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . None. BY TH GOU 1 ~ J, ,,/C!~Z~ PROTHONOTARY ~~ ~~~ ,o~~. h ~ ~~ of ~~'~"'.~~~ ~ ho~ ~~ ~i Y .~ LINDA I. PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION -LAW TIMOTHY PEIFER and TARA FINKBONER, Defendants N0.06-1743 CIVIL TERM ~~«« TARA PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW TIMOTHY PEIFER, Defendant N0.04-191 CIVIL TERM / IN RE: PETITION FOR PARTIAL CUSTODY AND VISTTATION BEFORE OLER, J. ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of the Petition for Partial Custody and Visitation filed by Linda I. Peifer with respect to her granddaughter, .Lillian Peifer (d.o.b. April 1, 2002), and following a hearing on July 21, 2006, at which Petitioner, the child's mother, Tara Finkboner, and the child's father, Timothy Peifer, represented themselves, it is ordered and directed as follows: 1. The mother shall have legal custody and primary physical custody of the child; 2. The father shall have such periods of temporary or partial physical custody of the child as the parties agree; and 3. Petitioner shall have temporary or partial physical custody of the child on alternating Sundays from 10:00 a.m. until 7:00 p.m. .. 4. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. Tara Finkboner 2119 Wentworth Drive Camp Hill, PA 17011 Timothy S. Peifer 335 Market Street Apartment 3A \1 Harrisburg, PA 17101 Lemoyne, PA 17043 Courtesy Copy: Mary Etter Dissinger, Esq. 28 N. 32"a Street Camp Hill, PA 17011 ~~~ Linda Peifer 517 Warren Street „~ S, c!G BY THE COURT, ~,w~ ~o ~ ••~o~ 'f``~of~,y" g~ if 0 TARA PEIFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v VIL ACTION - LAW 004-191 CIVIL TERM TIMOTHY PEIFER, Defendant IN CUSTODY LINDA I. PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW 06-1743 CIVIL TERM TIMOTHY PEIFER and TARA FINKBONER, Defendants IN CUSTODY IN RE: CASES CONSOLIDATED ORDER OF COURT AND NOW, this 21st day of July, 2006, the case at No. 04-191 Civil Term is consolidated with the case at No. 06-1743 Civil Term for purposes of the custody aspects of both cases. Para Finkboner 2119 Wentworth Drive Camp Hill, PA 17011 /~inda Peifer 517 Warren Street Lemoyne, PA 17043 ,/Timothy S. Peifer 335 Market Street, Apartment 3A Harrisburg, PA 17101 J' ~~ ~~ :mae ,~ V~ By the Court, ~ ~ ie~ n7 ( ;`,jL 1 ., _.~ -'i ~l~. . v~~t: , - - O ORDER OF COURT AND NOW, this 21st day of July, 2006, upon v C IL ACTION - LAW 004-191 CIVIL TERM TIMOTHY PEIFER, Defendant IN CUSTODY LINDA I. PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TARA PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v TIMOTHY PEIFER and TARA FINKBONER, Defendants CIVIL ACTION -LAW 06-1743 CIVIL TERM IN CUSTODY IN RE: PETITION FOR PARTIAL CUSTODY AND VISITATION consideration of the Petition for Partial Custody and Visitation filed by Linda I. Peifer with respect to her grandchild, Lillian Peifer (date of birth, April 1, 2002), and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, ara Finkboner 2119 Wentworth Drive Camp Hill, PA 17011 mothy S. Peifer 335 Market Street, Apartment 3A Harrisburg, PA 17101 :mae C ~n~OV~ O~. ~,xnaa Peifer 517 Warren Street Lemoyne, gA 17043 ~~ o~ ~~ P~ f LINDA I. PEIFER, Plaintiff v. . TIMOTHY PEIFER, TARA FINKBONER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-1743 CIVIL TERM ***************** TARA PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY PEIFER, Defendant CIVIL ACTION - LAW :, /04-191 CIVIL TERM VVV ORDER OF COURT AND NOW, this 13th day of September, 2006, upon consideration of Plaintiff Linda I. Peifer's Motion for Contempt, Sanctions and Attorney's Fees, and following a hearing which was recessed without completion and at which Linda I. Peifer was represented by Mark K. Emery, Esquire, Tara Finkboner was represented by Joseph D. Caraciolo, Esquire, and Timothy Peifer represented himself, and the parties having reached an agreement in this matter wherein Tara Finkboner admits that she is in contempt of the Order of Court dated July 24, 2006, it is ordered and directed as follows in accordance with the parties agreement: 1. Tara Finkboner is hereby adjudicated in contempt; 2. In the event Tara Finkboner is found in contempt for any future conduct occurring within 1 year of today's date, an award of attorney's fees of $960 will be entered against her as a sanction for such contempt. In the event no such contempt occurs, no sanction or award of attorney's fees will be entered; 3. The Court's Order of July 24, 2006, is further amended to read as follows: (a) All exchanges of the minor child shall occur at ~-' .,. the Burger King located at the Lemoyne exit off of Interstate 83, further located on Third and Lowther Street. The temporary and partial physical custody awarded to Linda I. Peifer shall commence this immediate Sunday, September 17, 2006. (b) It is agreed by the parties that. Tara Finkboner is not required to be present at the exchange of the minor child. (c) Linda I. Peifer agrees to have a suitable and legal car seat available in her car or other vehicle that is used for transportation. (d) There shall be no excessive drinking or smoking while the minor child is present. (e) There shall be no disparaging comments or other antagonistic conduct between the parties. By the Court, J. Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 For Linda I. Peifer Joseph D. Caraciolo, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101-2015 For Tara Finkboner Timothy Peifer, Pro Se 335 Market Street, Apt. 033 Harrisburg, PA 17101 y- x-1-0 ~ C .-w~•~u.-C.c.-~ .~ pcb ~~~ ~~ ~~ ~~~~` b ~ C~° ~ ~ bF ~ ~~ ~~ IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy S.Peifer IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY OF PENNSYLVANIA Vs. N0.2004-0191 Tara Finkboner CIVIL ACTION-IN CUSTODY Defendant PETITION TO MODIFY PARTIAL CUSTODY AND VISITATION Plaintiff, Timothy Peifer, Pro Se Party, files a petition to modify an order of custody and in support thereof avers as follows: 1. Plaintiff is Timothy S Peifer, residing at 335 Market st. #3A, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Tara Finkboner, residing at 2119 Wentworth Dr, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of: Lillian Anna Peifer. 4. Defendant, Timothy Peifer seeks to modify and order of partial physical custody of the following child. Name Present Residence Age Lillian Peifer 2119 Wentworth Dr, Camp Hill, Pa DOB 4/01/2002 5. Plaintiff respectfully represents that on the 24~' day of July, 2006, The Honorable Judge Oler J. Wesley Jr entered an order of court for partial physical custody, a true and correct copy of which is attached.(Exhibit"A"). 6. This Order should be modified because Defendant/Mother, Tara Finkboner, will not agree on any type of partial physical custody of the minor child. 7. The best interest of the Child will be served by the Courts by modifying the partial physical custody because: a. Plaintiff is the biological father of the child. b. Since the child was born, Plaintiff had a very loving relationship with the child, and for the last two years, Defendant, Tara Finkboner and Husband Bret Finkboner have been hindering the relationship between Father and child. c. Plaintiff wants to continue to have a relationship with the child. 9. Plaintiff, prays this court to grant a modification of the partial physical custody order as follows: a. Father shall have Partial Physical Custody of the child every Thursday of the week From 10:00 AM unti17:00 PM of the same day. b. Father shall have phone call conversations with the child every other day. c. Father shall have custody of the child during Father's day from 10:00 until 7:00 PM. WHEREFORE, Plaintiff requests the Court to grant him the proposed modification of the current custody order. Respectful Submitted: BY: ~_..- Timothy Steven Peifer (Pro Se Party) 335 Market street #3A, Harrisburg, Pennsylvania 17101 (717) 232-4671 EXHIBIT "A" i ~ .. , 4 LINDA I. PEIFER, Plaintiff v. TIMOTHY PEIFER and TARA FINKBONER, Defendants iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.06-1743 CIVIL TERM ~*** T~RA PEIFER, Plaintiff v. TIMOTHY PEIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-191 CIVIL TERM IN RE: PETITION FOR PARTIAL CUSTODY AND VISITATION BEFORE OLER, J. ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of the Petition for Partial Custody and Visitation filed by Linda I. Peifer with respect to her granddaughter, Lillian Peifer (d.o.b. April 1, 2002), and following a hearing on July 21, 2006, at which Petitioner, the child's mother, Tara Finkboner, and the child's father, Timothy Peifer, represented themselves, it is ordered and directed as follows: 1. The mother shall have legal custody and primary physical custody of the child; 2. The father shall have such periods of temporary or partial physical custody of the child as the parties agree; and 3. Petitioner shall have temporary or partial physical custody of the child on alternating Sundays from 10:00 a.m. unti17:00 p.m. ~ ,. 4. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual agreement. Tara Finkboner 2119 Wentworth Drive Camp Hill, PA 17011 Tim by S. Peifer 33 Market Street partment 3A Harrisburg, PA 17101 Linda Peifer 517 Warren Street Lemoyne, PA 17043 Courtesy Copy: Mary Etter Dissinger, Esq. 28 N. 32nd Street Camp Hill, PA 17011 ra[~E SPY FF~A RE,+CD~v ~~ T~~rnoay wlrESd. i Item unb set my ~ ~~d ttts c~M ~ 9~id a~ Carli®lo, P~. Prottwnc~lstr BY THE COURT, VERIFICATION I, Timothy S. Peifer, verify that the statements made in the Complaint for Modification of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 1 S Fa.C.S. 4904 relating to unsworn falsification to authorities. ~"Q- Date: Timothy S. Peifer, Plaintiff Timothy S.Peifer 335 Market st 3a Harrisburg, PA 17101 Plaintiff, Pro se Joseph D. Caraciolo, Esq. Foreman & Foreman, P.C 112 Market Street 6~` Floor Harrisburg PA 17101-2015 Attorney for Defendant Tara Finkboner :rc ~.1 ~\ r~ `" 1 S T~ 1:.;.: ri"? r v~ , ~;,t_ "~. ..x~ o. 4 --^-€ ~d '~ l y ~~ ~1 .-.l_ ...q. a l ~..~ ~. ;:~ r..~ TIMOTHY S. PEIFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 04-191 CIVIL ACTION LAW TARA FINKBONER DF.,FF,NDANT 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, November O1, 2006 ,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, December 07, 2006 at 8:30 AM for aPre-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 ale 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, Yerne Es . 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 5ET 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 p1L1 ~ ~^vu ~j .~ ~/4"F~l/ f/0 " ~~pyif r,. ,1 ~~. { ti ~ ~.., ~: f i ~.: Aran{~ ,, s `.:: ~f~~~. ~U -;~-; _;.7;~,.._;i~~.~ ~,~;1 ._ rrov i a zoosa/ LINDA I. PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 06-1743 CIVIL ACTION -LAW TIMOTHY PEIFER AND TARA FINKBONER, Defendants IN CUSTODY ***************************** TARA PEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 04-191 ~ CIVIL ACTION -LAW TIMOTHY PEIFER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this __ day of ~ ~ y . 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in therapeutic family counseling with Interworks or other professionals selected by agreement of the parties. The purpose of the counseling shall be to address conflicts which have arisen within the family in an effort to establish a positive and cooperative environment and reduce the harmful impact of conflict on family members, particularly the Child. The parties shall obtain a recommendation from the counselor as to the advisability of separate counseling for the Child. The parties shall engage in a minimum of four joint or individual sessions, unless determined to be unnecessary by the counselor. The parties shall contact the counselor's office within seven days following the custody conciliation conference to schedule the initial sessions. y -= ~~ ~; --~- ~- _ ~. F .i cam: ._ ~_ _ ~ -- t ri G`•.3 - . _a t_ t i '~` - ~ :~. .~.. Lt. c~ c~--+ 2. The parties may contact the conciliator to request the scheduling of an addition custody conciliation conference within sixty days following the completion of counseling. cc: Timothy Peifer - Father Joseph D. Caraciolo, Esquire -Counsel for Mother Mark K. Emery, Esquire -Counsel for Paternal Grandmother BY THE COURT, LINDA I. PEIFER, Plaintiff v. TIMOTHY PEIFER AND TARA FINKBONER, Defendants TARA PEIFER, v. Plaintiff TIMOTHY PEIFER, Defendant Prior Judge: J. Wesley Oler, Jr. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lillian Peifer April 1, 2002 Mother 2. A Custody Conciliation Conference was held on November 9, 2006,- with the following individuals in attendance: The Mother, Tara Finkboner, with her counsel, 3oseph D. Caraciolo, the Father, Timothy Peifer, who is not represented by counsel in this matter, and the paternal Grandmother, Linda Peifer, with her counsel, Mark K. Emery. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1743 CNIL ACTION -LAW IN CUSTODY ************************** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-191 CNIL ACTION -LAW 3. The parties agreed to entry of an Order in the form as attached. 4. It should be noted that the Mother's Petition for Contempt was transferred to the undersigned conciliator due to a conflict in Melissa Greevy's office, with whom it had originally been scheduled. At the conference it was determined that prior proceedings initiated by the Father for Modification in the consolidated case have been held in Jacqueline Verney's office and a conciliation in that office is scheduled for early December. The parties agreed at the conference that all future matters appropriate for conciliation would remain as assigned to Jacqueline Verney. Date Dawn S. Sunday, Esquire Custody Conciliator LINDA I. PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2006-1743 CIVIL ACTION - LA~'V TIMOTHY PEIFER and TARA FINKBONER, Defendants : IN CUSTODY TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2004-191 CIVIL ACTION - LAVA' TIMOTHY PEIFER, • Defendant IN CUSTODY ORDER OF COURT AND NOW, this _~ day of ~c,~,,, , ZOOt>, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 24, 2006, September 1 ~, 2006 and November 18, 2006 shall remain in full force and effect with the following additions to the Order of Court dated November 18, 2006: 2. Paternal Grandmother shall have periods of partial physical custody on alternating Sundays from 8:00 a.m. to 7:00 p.m. Father and Paternal Grandmother shall share said 11 hours as agreed. 3. Father shall have reasonable telephone contact with the child every Wednesday at 8:00 p.m. In the event that child is unavailable at that tune, Mother shall assure that the child returns Father's call. 4. This Order is entered pursuant to a Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Any party may contact th.e Custody Conciliator and schedule another Custody Conciliation Conference. ~~ e~ ~ qy~ n,g t sp" ,~ ~ cc~mothy Peifer, pro se 335 Market Street Hamsburg, PA 17101 os ph D. Caraciolo, Esquire, Counsel for Mother ~k Emery, Esquire, Counsel for Grandmother y uv ~ru~ rnr rn-r A_ . +... .~{ ~ LINDA I. PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-1743 CIVIL ACTION -LAW TIMOTHY PEIFER and TARA FINKBONER, . Defendants : IN CUSTODY TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-191 CIVIL ACTION -LAW TIMOTHY PEIFER, Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 Lillian A. Peifer April 1, 2002 Mother 2. A Conciliation Conference was held in this matter on December 21, 2006. Present at the conference were Father, Timothy Peifer, pro se; Mother, Tara (Peifer) Finkboner, with her counsel, Joseph D. Caraciolo, Esquire; and Paternal Grandmother, Linda I. Peifer, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated July 24, 2006, September 13, 2006 and November 18, 2006 providing for shared legal custody by Mother and Father, Mother having primary physical custody, Father ... having periods of partial physical custody as agreed and Grandmother, having 9 hours on alternating Sundays. 4. The parties agreed to an Order in the form as attached. -o / "` U r2-z2 k Date ac line M. Verney, Esquire Custody Conciliator APR 8 6 2007 LINDA I. PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2006-1743 CIVIL ACTION -LAW TIMOTHY PEIFER and TARA FINKBONER, . Defendants : IN CUSTODY TARA PEIFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. : N0.2004-191 CIVIL ACTION -LAW TIMOTHY PEIFER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 25~' day of April, 2007, ninety days having passed since the prior Order of Court and no party has requested another Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter FOR THE COURT, ~~ Jacq line M. Verney, Esquire, Cust y Conciliator r ^t ~ 1-'4 ..t ~-~ ~~i~l~3 ~1 Sf .~ ti4 ,.._ : tY1 ~ ~, :Z W ~ 9~ ~~~`~ ~O~Z ~'~;r=~~.l~.Uwc~ ~l-~. ~~