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HomeMy WebLinkAbout08-1725Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmQtbmesauire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. MYTU T. HOFFMAN Defendant NO. 08- J '7a y Civil Term CIVIL ACTION - DIVORCE/CUSTODY COMPLAINT IN DIVORCE Count I - Divorce 1. Plaintiff is Ryan M. Hoffman who currently resides at 1117 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, since in or around March 2007. 2. Defendant is Mytu T. Hoffman who currently resides at 204 Luce Street, Harrisburg, Dauphin County, Pennsylvania 17104 since in or around February 2008. 3. The parties have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1725 CIVIL ACTION LAW MYTU T. HOFFMAN, IN CUSTODY Defendant Prior Judge: Edward Guido, J. (I? ORDER OF COURT AND NOW this day of January 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Mother's Petition for Contempt filed November 10, 2011 is hereby DISMISSED by agreement of the parties. 2. Father has acknowledged that he most likely did violate the terms of the prior custody Order and that he is willing to compensate Mother to a degree to avoid further litigation. As such, Father has agreed to, and shall, give to Mother one hundred dollars per month for three months (for a total of three hundred dollars). The first payment shall be made by Father by the end of January 2012 and subsequent payments by the end of each month. 3. Legal Custody: The Father, Ryan M. Hoffinan, and the Mother, Mytu T. Hoffinan, shall have shared legal custody of Ian Hoffinan, born 05/31/2007. With regard to Ian's healthcare, the Mother will have primary legal custody of Ian, meaning that she shall be responsible for selecting Ian's pediatrician, selecting any specialists recommended for Ian, notifying Father of all appointments scheduled in time for Father to give input to the pediatrician, and providing written information to Father about the outcome of all medical appointments for Ian. As such, Father will not be permitted to initiate, schedule, or provide unilateral reasons for Ian's medical care. In all other respects, the parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. In week one, Father shall have physical custody of Ian from Wednesday 4 pm until Thursday 8:30 am and from Friday 4 pm until Monday 12 pm. b. In week two, Father shall have physical custody of Ian from Wednesday 4 pm until Thursday 8:30 am. C. All exchanges shall occur at day care/school when day care/school is available or in session. The times for the pick-ups and drop offs shall be adjusted C3 accordingly when school begins for Ian so that he gets to school and is picked up on time for school. Until school starts, the Monday noon exchange shall occur at the Giant Store. d. If there is no day care or school, the exchanges shall occur at the Giant Store at the designated times. e. If either parent is more than twenty minutes late for the custody exchange, the tardy parent shall go to the other parent's residence to exchange custody. If the custodial parent is more than one hour late for the exchange, the non-custodial parent shall have equivalent make up time with Ian. f. Mother and Father shall have physical custody of the Child at such other times as the parties may mutually agree. Physical Custody Schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M [MI D D M M D D D D M M M D D M M. I M. I M 5. Parenting Coordinator: Within ten days of today's date, the parties have agreed to, and shall, select a parenting coordinator and abide by the recommendations. 6. The appointment of Jacqueline Verney, Esq. is hereby VACATED as Ian's Guardian Ad Litem. 7. Counseling: Father shall continue to engage in his mental health treatment as recommended. The parents shall contact within ten days a qualified licensed play therapist for a consultation to see whether said therapy would be helpful to Ian. The custody evaluator, Deborah Salem, shall advise and have input about the reason for the consultation. 8. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 9. Other than limited custody exchanges, Mother and Father shall have no contact with each other, other than through email or text messages and said communication should only concern the welfare of their Child. 10. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. These exchanges shall occur in a neutral location (ex. Giant Store parking lot) absent agreement otherwise at the designated times. 11. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 12. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 13. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 14. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 15. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 16. This Order is entered pursuant to a Custody 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. Distribution: Tim Barrouk, Esquire Thomas Clark, Esquire John J. Mangan, Esquire Co yes Ica . Jed I AVL By 14 w- our t, c ?m z ? y, 4L r .v xo ? n? cn HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da I` Half From 9 am until 3 m Father Mother Easter Day 2" Half From 3 m until 9 pm Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1" Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Da Father Mother Thanksgiving 2d half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1" Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 S` (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 pm Mother Mother I Father's Day From 9 am until 9 pm Father Father r=1 rnr rorn a, a :-o RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant Prior Judge: Edward Guido, J. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1725 CIVIL ACTION LAW The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ian Hoffman 05/31/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 6, 2008, an Order was issued May 9, 2008, a conference was held July 28, 2008 regarding Mother's petition for contempt and modification, an Order issued August 05, 2008, an Order issued April 09, 2010, a conciliation conference was held October 07, 2011, an Order issued November 01, 2011 and a conference in regard to Mother's petition for contempt was held December 22, 2011 with the following individuals in attendance: The Mother, Mytu Hoffman, with her counsel, Thomas Clark, Esq. The Father, Ryan Hoffinan, with his counsel, Tim Barrouk, Esq. 3. The parties agreed to the entry of an Order in the form as attached. gan, Esquire Date John/ ST Custody/Conciliator 4. The parties were married on November 29, 2006, in Harrisburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. 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 divorce decree under section 3301(c) of the Divorce Code. Count II - Equitable Distribution 8. Plaintiff incorporates by reference paragraphs 1 through 7. 9. During the marriage, Plaintiff and Defendant acquired real and personal property. Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property and marital liabilities. Count III - Custody 10. Plaintiff incorporates paragraphs by reference paragraphs :1 through 7. 11. Plaintiff seeks custody of the following child: Name Present Residence Age Ian Edison Hoffman 1117 Nanroc Drive 9 months Mechanicsburg, PA 17055 The child was not born out of wedlock. The child presently is in the custody of father, who resides at 1117 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. 2 During the past five (5) years, the child has resided with the following persons at the following addresses: Name Ryan M. Hoffman Ryan M. Hoffman Mytu T. Hoffman Address 1117 Nanroc Drive Mechanicsburg, PA 1117 Nanroc Drive Mechanicsburg, PA Dates 02/24/08 - present Birth - 02/24/08 The mother of the child is Mytu T. Hoffman, currently residing at 204 Luce Street, Harrisburg, Pennsylvania 17104. She is married. The father of the child is Ryan M. Hoffman, currently residing at 1117 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. He is married. 12. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: his son, Ian. Name Ian Edison Hoffman Son Relationship 13. The relationship of defendant to the child is that of Mother. Defendant currently resides with the following persons: Name Relationship Thong Do Father Xuan Do Mother Kym Do Sister 3 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 in another court. Plaintiff does not have information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 Plaintiff has been the child's primary caregiver. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Wherefore, plaintiff requests the court grant her custody of the child. Respectfully Submitted, Law Firm of Theresa Barrett Male By -7 A? Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: March 14, 2008 4 VERIFICATION I verify that the statements made in the foregoing document 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: .. t -3C -t W I's Y RYAN M. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MYTU T. HOFFMAN DF,FF,NDANT 2008-1725 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 19, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 21, 2008 at 11:00 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. 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/ John j. Man an r. 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 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 2/ .14?j^? I/?l?1ryC?IVy7 l1.Ld tr y!I p../ ?Ie i ° :1 IR-i n m RDol A'A .L ! ?tJ . L ?i alb u 4 MAY 0 6 2008 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN ; Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, May, 2008, after a conciliation conference and upon agreement of the parties, the Court ORDERS and DECREES as follows: 1) Legal Custody. Plaintiff Ryan M. Hoffman ("Father") and Defendant Mytu T. Hoffman ("Mother") will share legal custody of their son, Ian Hoffinan (dob: 05/31/07), as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning Ian, including but not limited to his health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning Ian which reasonably could be expected to be of concern to the other. The parent having physical custody of Ian at the time any emergency arises shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2) Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to Ian's medical, dental, religious and school records. This also includes records maintained by any professional or authority. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Ian's schools, physicians, psychologists or other individuals concerning his progress and welfare. (f) A Q Cat `F CT y.. .. i U c++ 3) Custody Schedule. In order to maximize Ian's contacts with both parents while providing a stable environment for him, the parties have agreed to implement, on an interim basis, a "bird's nest" custody schedule, under which each parent will have custody of Ian at Ian's home as follows: SUN MON TUE WED THU FRI SAT F M F M F F M F M F M M F M F M F M F F M F M F M M F M F M F M F F M a. Mother will stay with Ian at the Nanroc Drive home on Monday, Wednesday, alternating Thursday and Saturday nights. Mother shall not allow anyone other than her parents to have access to the property, except Father as provided in this Order, or his parents if needed by Mother. b. Father will remain with Ian on Tuesday, alternating Thursday, Friday and Sunday nights. In any month in which there is a fifth Thursday, such as May 2008, Father shall have custody on those nights. c. On Mother's evenings, Father will spend an hour with Ian after Father comes home from work, preceded by not more than thirty (30) minutes during which Father is entitled to shower and get his clothing for the next day. On Father's evenings, Mother will leave the residence when Father arrives home from work. d. On Saturdays, Mother will secure custody of Ian at 10:00 a.m. Father will be entitled to have an hour with Ian on Saturday at the home from 6:00 p.m. to 7:00 p.m. e. On Sundays, Father will assume custody of Ian at 8:00 a.m. Mother will be entitled to have an hour with Ian on Sunday at the home from 6:00 p.m. to 7:00 p.m. £ Each parent may contact the other one time per day during the other parent's custody periods to check on Ian. Neither parry will use this contact as an opportunity to discuss any divorce or separation issues. g. The parties will maintain a neat and tidy home environment for Ian during their periods of custody. 4) Holidays. Mother will have custody of Ian on Mother's Day from 9:00 a.m. until 7:00 p.m. Father will have custody of Ian on Father's Day at the same times. 5) Child Care. Father's parents or sister will provide child care for Ian when the parties are at work or are otherwise not available to care for Ian. 6) Transportation. On Mondays and Wednesdays, Mother will pick up Ian from his paternal grandparents' home after work and take him to the Nanroc Drive residence. Father will pick up Ian on Thursdays and Fridays. Mother will deliver Ian to his grandparents on Tuesdays and Thursdays before she goes to work in the morning. 7) No Adult Issues. Neither party shall discuss adult issues with the child. All communications shall take place directly between the parents and parents will not use the child as an intermediary. 8) No Disparaging Remarks. Neither parent will make any disparaging remarks regarding the other parent in the presence of, or within earshot of, the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of, or within earshot of, the child. 9) Prohibited Substances. During periods of custody, the parents shall not possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. The parties shall assure that other household members and guests comply with this prohibition. Additionally, the parties shall not expose the child to cigarette smoke. 10) Schedule Changes. Unless the parties expressly agree in writing by e-mail, they shall not deviate from the custody schedule set out in this Order. 11) Co-Parenting` Assessment. Not later than May 9, 2008, each parent shall contact Interworks to schedule their appointments for a brief co-parenting assessment to be performed by Deborah L. Salem, CACD, LPC. The costs of the assessment, including preparation of the report, shall be allocated equally between the parties. Each party shall remit payment to Interworks promptly upon request. Upon completion of the assessment, either party may request a follow-up conciliation conference. Distribution: X resa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 ? Keith O. Brenneman, Esq., 44 West Main St., Mechanicsburg, PA 17055-0318 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. . NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION - DIVORCE/CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ian Edison Hoffman 5/31/2007 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 6, 2008 with the following individuals in attendance: The Mother, Mytu T. Hoffman, with her counsel, Keith Brenneman, Esq. The Father, Ryan M. Hoffman, with his counsel, Theresa Barrett Male, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 4??z e-1 Date rustod J gan, Esquire Conciliator RYAN M. HOFFMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, Defendant : CIVIL ACTION -CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND FOR FINDING OF CONTEMPT Defendant Mytu T. Hoffman, by her attorneys, Snelbaker & Brenneman, P. C., submits this Petition and in support thereof states the following: Background 1. An Order of Court dated May 9, 2008 was issued in this matter establishing the custody rights of the parties hereto with respect to their son, Ian Hoffman, born May 31, 2007. A true and correct copy of the May 9, 2008 Order is attached hereto and incorporated by reference herein as "Exhibit A". 1. Petition For Modification of Custody Order 2. The Order dated May 9, 2008 should be modified only for purposes of noting the same physical custody arrangement noted in the custody schedule set forth in Paragraph 3 of the Order based on the fact that Defendant has her own apartment and that a "bird's nest" custody arrangement is no longer necessary. Accordingly, based on Defendant having her own residence at which her periods of physical custody as set forth in Paragraph 3 of the existing Order can be exercised, subparagraphs 3.a, 3.c, the second sentences each of subparagraphs 3.d and 3.e as well as 3.f should be removed from the current Order. 3. For the reasons set forth above, Defendant requests this Court to modify the May 9, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2008 custody Order. 4. Plaintiff does not consent to the relief requested herein. This matter has been assigned to the Honorable J. Wesley Oler, Jr. who issued the Order of May 9, 2008. II. Petition For Finding of Contempt 6. Plaintiff has continuously violated the custody Order of May 9, 2008 in the following particulars: a. He has violated paragraph 3.c by purposefully spending more than one hour or one hour and thirty minutes at the parties' home during the evenings that Defendant has had custody and by failing to leave when asked to do so; b. He has made repeated unfounded representations and demands upon Defendant that Defendant is not permitted to remove the parties' son during her periods of custody from the home or take him to certain and other locations; c. He has continually and purposefully interfered with Defendant's periods of custody; and d. He has continued to use the opportunity for contact as permitted under subparagraph If of the custody Order as a pretext to discuss divorce and separation issues and to reconcile with Defendant. WHEREFORE, Defendant requests this Court to find Plaintiff in contempt of its May 9, 2008 Order, order Plaintiff to pay all Defendant's attorney's fees and costs in preparation, filing and hearing on this Petition and grant Defendant such other and additional relief as this Court deems just and appropriate under the circumstances. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: June 23, 2008 Attorneys for Mytu T. Hoffman LAW OFFICES I -2- SNEL13AKER EC BRENNEMAN, P.G. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Mytu T. offinan Date: 24, Zoog MAY 0 8 20083 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. MYTU T. HOFFMAN Defendant NO. 08-1725 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, May __? _, 2008, after a conciliation conference and upon agreement of the parties, the Court ORDERS and DECREES as follows: 1) Legal Custody. Plaintiff Ryan M. Hoffman ("Father") and Defendant Mytu T. Hoffman ("Mother") will share legal custody of their son, Ian Hoffman (dob: 05/31/07), as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning Ian, including but not limited to his health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning Ian which reasonably could be expected to be of concern to the other. The parent having physical custody of Ian at the time any emergency arises shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2) Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to Ian's medical, dental, religious and school records. This also includes records maintained by any professional or authority. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Ian's schools, physicians, psychologists or other individuals concerning his progress and welfare. EXHIBIT A 3) Custody Schedule. In order to maximize Ian's contacts with both parents while providing a stable environment for him, the parties have agreed to implement, on an interim- basis, a "bird's nest" custody schedule, under which each parent will have custody of Ian at Ian's home as follows: SUN MON TUE WED TflU FRI SAT F M F M F F M F M F M M F M F M F M F F M F M F M M F M F M F M F F M a. Mother will stay with Ian at the Nanroc Drive home on Monday, Wednesday, alternating Thursday and Saturday nights. Mother shall not allow anyone other than her parents to have access to the property, except Father as provided in this Order, or his parents if needed by Mother. b. Father will remain with Ian on Tuesday, alternating Thursday, Friday and Sunday nights. In any month in which there is a fifth Thursday, such as May 2008, Father shall have custody on those nights. c. On Mother's evenings, Father will spend an hour with Ian after Father comes home from work, preceded by not more than thirty (30) minutes during which Father is entitled to shower and get his clothing for the next day. On Father's evenings, Mother will leave the residence when Father arrives home from work. d. On Saturdays, Mother will secure custody of Ian at 10:00 a.m. Father will be entitled to have an hour with Ian on Saturday at the home from 6:00 p.m. to 7:00 p.m. e. On Sundays, Father will assume custody of Ian at 8:00 am. Mother will be entitled to have an hour with Ian on Sunday at the home from 6:00 p.m. to 7:00 p.m. f. Each parent may contact the other one time per day during the other parent's custody periods to check on Ian. Neither parry will use this contact as an opportunity to discuss any divorce or separation issues. g. The parties will maintain a neat and tidy home environment for Ian during their periods of custody. 4) Holidays. Mother will have custody of Ian on Mother's Day from 9:00 am. until 7:00 p.m. Father will have custody of Ian on Father's Day at the same times. 5) Child Care. Father's parents or sister will provide child care for Ian when the parties are at work or are otherwise not available to care for Ian. 6) Transportation. On Mondays and Wednesdays, Mother will pick up Ian from his paternal grandparents' home after work and take him to the Nanroc Drive residence. Father will pick up Ian on Thursdays and Fridays. Mother will deliver Ian to his grandparents on Tuesdays and Thursdays before she goes to work in the morning. 7) No Adult Issues. Neither parry shall discuss adult issues with the child. All communications shall take place directly between the parents and parents will not use the child as an intermediary. 8) No Disparaging Remarks. Neither parent will make any disparaging remarks regarding the other parent in the presence of, or within earshot of, the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of, or within earshot of, the child. 9) Prohibited Substances. During periods of custody, the parents shall not possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. The parties shall assure that other household members and guests comply with this prohibition. Additionally, the parties shall not expose the child to cigarette smoke. 10) Schedule Changes. Unless the parties expressly agree in writing by e-mail, they shall not deviate from the custody schedule set out in this Order. 11) Co-Parenting Assessment. Not later than May 9, 2008, each parent shall contact Interworks to schedule their appointments for a brief co-parenting assessment to be performed by Deborah L. Salem, CACD, LPC. The costs of the assessment, including preparation of the report, shall be allocated equally between the parties. Each party shall remit payment to Interworks promptly upon request. Upon completion of the assessment, either party may request a follow-up conciliation conference. -.1da ..., d Thin, BY THE COURT: Distribution: Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Keith 0. Brenneman, Esq., 44 West Main. St., Mechanicsburg, PA 17055-0318 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. RYAN M. HOFFMAN k Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION - DIVORCE/CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ian Edison Hoffinan 5/31/2007 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 6, 2008 with the following individuals in attendance: The Mother, Mytu T. Hoffman, with her counsel, Keith Brenneman, Esq. The Father, Ryan M. Hoffman, with his counsel, Theresa Barrett Male, Esq. The parties agreed to the entry of an Order in the form as attached. Date Jo J. gan, Esquire ustod Conciliator CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 By: Date: June 23, 2008 SNELBAKER & BRENNEMAN, P.C. dv? Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mytu T. Hoffman LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r?-? <'"} ?-? r-..+ =?? L`q- G?? ?,,? - t "3r -r ??l"i ? ? _ -- . rW. ..C_ ST;. _,. ?? t f^,,,? ?? } R V `? 2 •J RYAN M. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MYTU T. HOFFMAN DEFENDANT • 2008-1725 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 28, 2008 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. 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/ john . Mangan, t. Esq., 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 J1 J ? Ba a?'7 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbrnAtbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Plaintiff CIVIL ACTION- DIVORCE/CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Plaintiff retained Petitioner to represent him in this action, and signed a retention agreement. 2. Plaintiff has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services. 3. Professional considerations require termination of the representation. 4. Keith O. Brenneman, Esquire, counsel for Defendant, does not concur with this motion. A copy of his fax is attached as Exhibit 1. 5. This matter was previously assigned to Judge Oler who entered the custody order dated May 9, 2008. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Plaintiff. Respectfully Submitted, Tl-ieresa Barrett Male, Esquire ' Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, PA 17101 717-233-3220 Petitioner Date: July 25, 2008 2 Exhibit l 07/25/2008 10:42 7176977681 SNELBAKER BRENNEMAN PAGE 01/01 SNELBAKER & BRENNEMAN, P. A Professions) Corporation Attorneys at Law P.O. Box 318 44 W. Main Street Mechanicsburg PA 17055 (7 7) fib 97-8528 Richard C. Snelbakex Keith 0. Brenneman ? JUL 2 5 2008 Fax No. (717) 697-7681 FACSIMILE COVER LETTER DATE: July 25, 2008 TO: Theresa Male, Esquire 233-6862 ec: John Mangan, Esquire 241-2456 FROM: Keith O. Brenneman Number of Pages including cover letter: l Hard copy to follow: No COMMENTS : Hoffman Theresa: I strongly object to any continuance of the custody conciliation. I filed the petition to modify and for contempt over a month ago and the conference is scheduled for Monday morning. You waited until today to seek a continuance and this is the first I've heard about it. Deb Salem's evaluation is irrelevant to the relief my client is .requesting, which: is to allow custody on substantially the same schedule that is in place now, but with my client having custody of her son at her apartment. If the continuance is granted, it will result in my client continuing with an intolerable situation due to your client continuing to ignore the current order. I have no objection to you withdrawiLig after the conciliation on Monday. I ask that this telefax be attached and referenced in any motion you file with the court requesting a continuance. Thank you. t Keith kBrenn.'eman PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by e-mail, facsimile and first-class mail addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorneys for Defendant John J. Mangan, Esquire Bayley & Mangan 57 West Pomfret Street Carlisle, PA 17013 Custody Concilator Service by e-mail and first-class mail addressed as follows: Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055 Plaintiff T sa Barrett Male, Esquire, ID # 4W9 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: July 25, 2008 ` --a ? C J ; ? C ? ?-=_ ??? ' .n t ;` ..?. d? L Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbrridtbmesauire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY PLAINTIFF'S MOTION TO CONTINUE PRE-HEARING CUSTODY CONFERENCE WITH THE CUSTODY CONCILIATOR 1. On May 9, 2008, this Court, entered a consent order for interim custody. A copy of the order is attached as Exhibit 1. 2. The Court has set July 28, 2008 at 8:30 a.m. for a conciliation conference on Mother's modification and contempt petition.' 3. The parties' and court's interests will be served by granting this motion because: I Father denies that he is in contempt of the order and in fact alleges that Mother has failed to comply with certain terms. a. Concurrently with filing this motion, Father's counsel is filing a petition for leave to withdraw as counsel. A copy of the motion is attached as Exhibit 2. b. The parties are in the process of a custody evaluation by Deborah L. Salem, CACD, LPC, who anticipates that she will issue her report in September. 4. Keith O. Brenneman, Esquire, attorney for Defendant, does not concur with this request. A copy of counsel's fax is attached as Exhibit 3. 5. This matter was previously assigned to Judge Oler who entered the custody order dated May 9, 2008. WHEREFORE, Plaintiff respectfully requests that the Court enter an order continuing the Pre-Hearing Custody Conference. Law Office of Theresa Barrett Male By: _ ?ALV"-C?r, a= ff_).I0In!)& Ther Barrett Male, Esquire, ID #4643 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: July 25, 2008 2 Exhibit 1 U FRMAY 1 2 '20 0'8 MAY 0 8 2008 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, May 2008, after a conciliation conference and upon agreement of the parties, the Court ORDERS and DECREES as follows: 1) Legal Custody. Plaintiff Ryan M. Hoffman ("Father") and Defendant Mytu T. Hoffman ("Mother") will share legal custody of their son, Ian Hoffman (dob: 05/31/07), as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning Ian, including but not limited to his health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning Ian which reasonably could be expected to be of concern to the other. The parent having physical custody of Ian at the time any emergency arises shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2) Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to Ian's medical, dental, religious and school records. This also includes records maintained by any professional or authority. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from Ian's schools, physicians, psychologists or other individuals concerning his progress and welfare. 3) Custody Schedule. In order to maximize Ian's contacts with both parents while providing a stable environment for him, the parties have agreed to implement, on an interim basis, a "bird's nest" custody schedule, under which each parent will have custody of Ian at Ian's home as follows: SUN MON TUE WED TAU FRI SAT F M F M F F M F M F M M F M F M F M F F M F M F M M F M F M F M F F M a. Mother will stay with Ian at the Nanroc Drive home on Monday, Wednesday, alternating Thursday and Saturday nights. Mother shall not allow anyone other than her parents to have access to the property, except Father as provided in this Order, or his parents if needed by Mother. b. Father will remain with Ian on Tuesday, alternating Thursday, Friday and Sunday nights. In any month in which there is a fifth Thursday, such as May 2008, Father shall have custody on those nights. c. On Mother's evenings, Father will spend an hour with Ian after Father comes home from work, preceded by not more than thirty (30) minutes during which Father is entitled to shower and get his clothing for the next day. On Father's evenings, Mother will leave the residence when Father arrives home from work. d. On Saturdays, Mother will secure custody of Ian at 10:00 a.m. Father will be entitled to have an hour with Ian on Saturday at the home from 6:00 p.m. to 7:00 p.m. e. On Sundays, Father will assume custody of Ian at 8:00 a.m. Mother will be entitled to have an hour with Ian on Sunday at the home from 6:00 p.m. to 7:00 p.m. £ Each parent may contact the other one time per day during the other parent's custody periods to check on Ian. Neither parry will use this contact as an opportunity to discuss any divorce or separation issues. g. The parties will maintain a neat and tidy home environment for Ian during their periods of custody. 4) Holidays. Mother will have custody of Ian on Mother's Day from 9:00 a.m. until 7:00 p.m. Father will have custody of Ian on Father's Day at the same times. 5) Child Care. Father's parents or sister will provide child care for Ian when the parties are at work or are otherwise not available to care for Ian. 6) Transportation. On Mondays and Wednesdays, Mother will pick up Ian from his paternal grandparents' home after work and take him to the Nanroc Drive residence. Father will pick up Ian on Thursdays and Fridays. Mother will deliver Ian to his grandparents on Tuesdays and Thursdays before she goes to work in the morning. 7) No Adult Issues. Neither party shall discuss adult issues with the child. All communications shall take place directly between the parents and parents will not use the child as an intermediary. 8) No Disparaging Remarks. Neither parent will make any disparaging remarks regarding the other parent in the presence of, or within earshot of, the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of, or within earshot of, the child. 9) Prohibited Substances. During periods of custody, the parents shall not possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. The parties shall assure that other household members and guests comply with this prohibition. Additionally, the parties shall not expose the child to cigarette smoke. 10) Schedule Changes. Unless the parties expressly agree in writing by e-mail, they shall not deviate from the custody schedule set out in this Order. 11) Co-Parenting Assessment. Not later than May 9, 2008, each parent shall contact Interworks to schedule their appointments for a brief co-parenting assessment to be performed by Deborah L. Salem, CACD, LPC. The costs of the assessment, including preparation of the report, shall be allocated equally between the parties. Each party shall remit payment to Interworks promptly upon request. Upon completion of the assessment, either party may request a follow-up conciliation conference. BY THE COURT: - / /) h ) . J. , ,,-) P. , I . ,?`?°• 34 /? i r o.s i'sd7 m ti Iwo unte !?zll my 444d C./j. Inwd W, 1 (9 mid Co wt at Carlisle, Fa Distribution: Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Keith O. Brenneman, Esq., 44 West Main St., Mechanicsburg, PA 17055-0318 Exhibit 2 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tb?tbmesguire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY ORDER AND NOW, July , 2008 the Court GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Plaintiff in this proceeding. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Theresa Barrett Male, Esquire, 513 North 2"d Street, Harrisburg, PA 17101-1058 Keith O. Brenneman, Esquire, 44 W. Main Street, Mechanicsburg, PA 17055-0318 Ryan M. Hoffman, 1117 Nanroc Drive, Mechanicsburg, PA 17055 2 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbmCaatbmesguire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. : NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY ORDER AND NOW, July , 2008, upon consideration of the foregoing petition, the Court ISSUES a Rule on plaintiff and defendant to show cause why the petitioner is not entitled to the relief requested. The Rule is returnable within ten (10) days of service. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Theresa Barrett Male, Esquire, 513 North 2"d Street, Harrisburg, PA 17101-1058 Keith O. Brenneman, Esquire, 44 W. Main Street, Mechanicsburg, PA 17055-0318 Ryan M. Hoffman, 1117 Nanroc Drive, Mechanicsburg, PA 17055 2 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbm _tbmesauire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Plaintiff CIVIL ACTION- DIVORCE/CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Plaintiff retained Petitioner to represent him in this action, and signed a retention agreement. 2. Plaintiff has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services. 3. Professional considerations require termination of the representation. 4. Keith O. Brenneman, Esquire, counsel for Defendant, does not concur with this motion. A copy of his fax is attached as Exhibit 1. 5. This matter was previously assigned to Judge Oler who entered the custody order dated May 9, 2008. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Plaintiff. Respectfully Submitted, t Theresa Barrett Male, Esquire ' Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, PA 17101 717-233-3220 Petitioner Date: July 25, 2008 2 Exhibit 1 07/25/2008 10:42 7176977681 SNELBAKER BRENNEMAN PAGE 01/01 SNELBAKER & BRENNEMAN, P. A Profcssiooal Corporation Attorneys at Law P.O. Box 318 44 W. Main Street Mechanicsburg PA 17055 7( 17) 697-8528 Richard C. Snelbaker Keith 0_ Brenneman ? JUL g 5 2008 8 Fax No. (717) 697-7681 FACSIMILE COVER LETTER DATE: July 25, 2008 TO: Theresa Male, Esquire 233-6862 cc: John Mangan, Esquire 241-2456 FROM: Keith O. Brenneman Number of Pages including cover letter: I Hard copy to follow: No COMMENTS: Hoffman Theresa: I strongly object to any continuance of the custody conciliation. I filed the petition to modify and for contempt over a month ago and the conference is scheduled for Monday morning. You waited until today to seek a continuance and this is the first I've heard about it. Deb Salem's evaluation is irrelevant to the relief my client is requesting, which is to allow custody on substantially the salve schedule that is in place now, but with my client having custody of her son at her apartment. If the continuance is granted, it will result in my client continuing with an intolerable situation due to your client continuing to ignore the current order. I have no objection to you withdrawing after the conciliation on Mond Y. I ask that this telefax be attached and referenced in any motion you file with the court requesting a continuance. Thank you. , d Keith O. Brenneman PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by e-mail, facsimile and first-class mail addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorneys for Defendant John J. Mangan, Esquire Bayley & Mangan 57 West Pomfret Street Carlisle, PA 17013 Custody Concilator Service by e-mail and first-class mail addressed as follows: Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055 Plaintiff T sa Barrett Male, Esquire, ID # 4W9 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: July 25, 2008 Exhibit 3 07/25/2008 10:42 7176977681 SNELBAKER BRENNEMAN PAGE 01/01 SNELBAI ER & BRENNEMAN, P. A PrAssional Corporation AttomeVs at Law P.O. Box 318 44 W. Main Street Mechanicsburg PA 17055 717 f97-8528 Richard C. Snelbaker Keith O_ Brenneman ?MHodM ? JUL 2 5 2008 Fax No. (717) 697-7681 FACSIMILE COVER LETTER DATE: July 25, 2008 TO: Theresa Male, Esquire 233-6862 cc: John Mangan, Esquire 241-2456 FROM: Keith 0. Brenneman Number of Pages including cover letter: l Hard copy to follow: No COMMENTS: Hoffman Theresa: I strongly object to any continuance of the custody conciliation. I filed the petition to modify and for contempt over a month ago and the conference is scheduled for Monday morning. You waited until today to seek a continuance and this is the first I've heard about it. Deb Salem's evaluation is irrelevant to the relief my client is requesting, which is to allow custody on substantially the same schedule that is in place now, but with my client having custody of her son at her apartment. If the continuance is granted, it will result in my client continuing with an intolerable situation due to your client continuing to ignore the current order. I have no objection to you withdrawing after the conciliation on Monday. I ask that this telefax be attached and referenced in any motion you file with the court requesting a continuance. Thank you. Keith O. Brenneman PROOF OF SERVICE 1 hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by e-mail, facsimile and first-class mail addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorneys for Defendant John J. Mangan, Esquire Bayley & Mangan 57 West Pomfret Street Carlisle, PA 17013 Custody Concilator Service by e-mail and first-class mail addressed as follows: Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055 Plaintiff Theresa Barrett Male, Esquire, ID # 4 39 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: July 25, 2008 t?J c .-,{ .: ? -S? , f'"l T.,. ?y t } _ . r_ G ? ?? r,. -?? - -.? ,_,. Y., (?,? -f ...?„ .,:. f1 t U Law Office of Theresa Barnett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmAtbmesauire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. : NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION - DIVORCE/CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the motion for continuance filed in this matter on July 25, 2008. j Theresa Barrett Male, Esquire, #46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: July 28, 2008 ,._ ?.? ..-? c?,y ? m t?°? ?,, [? `? 4' ..- `' grJ ?>` ?" RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MYTU T. HOFFMAN, . Defendant NO. 08-1725 CIVIL TERM ORDER OF COURT AND NOW, this 29`x' day of July, 2008, upon consideration of the Petition for Leave To Withdraw As Counsel, a Rule is hereby issued on Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, J. Wesley Oler, J. VT'heresa Barrett Male, Esq. Andrea Hudak Duffy, Esq. 513 North Second Street Harrisburg, PA 17101 Attorneys for Plaintiff .Xeith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Defendant :rc I S :0I [IV 0C I"Ir HE RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MYTU T. HOFFMAN, : Defendant NO. 08-1725 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO CONTINUE PRE-HEARING CUSTODY CONFERENCE WITH THE CUSTODY CONCILIATOR ORDER OF COURT AND NOW, this 31St day of July, 2008, upon consideration of the within motion, the motion is denied. BY THE COURT, ?M /heresa J esley OleJ. Barrett Male, Esq. Andrea Hudak Duffy, Esq. 513 North Second Street Harrisburg, PA 17101 Attorneys for Plaintiff VKeith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorney for Defendant J :rc e ? lf?? ?((Yfrj(?y " J yy,, ?f V f .' ?O ! t. AUG 0 5 2008 v COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. MYTU T. HOFFMAN Defendant Prior Judge: J. Wesley Oler, Jr., J. NO. 08-1725 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, August 2008, after a conciliation conference and upon agreement of the parties, the Court ORDERS and DECREES as follows: 1. The prior Order of Court dated May 9, 2008 is hereby VACATED and Mother's Petition for Contempt is hereby held in abeyance. 2. Legal Custodv. Plaintiff Ryan M. Hoffman ("Father") and Defendant Mytu T. Hoffman ("Mother") will share legal custody of their son, Ian Hoffman (dob: 05131/07), as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning Ian, including but not limited to his health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning Ian which reasonably could be expected to be of concern to the other. The parent having physical custody of Ian at the time any emergency arises shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 3. Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to Ian's medical, dental, religious and school records. This also includes 1 records maintained by any professional or authority. Each parent shall execute any and all AINnT IWO VIVW nl legal authorizations so that the other parent may obtain information from Ian's schools, physicians, psychologists or other individuals concerning his progress and welfare. 4. Custody Schedule. In order to maximize Ian's contacts with both parents while providing a stable environment for him, the parties have agreed to implement a custody schedule, under which each parent will have custody of Ian as follows: SUN MON TUE WED THU FRI SAT F M F F M F M F M M F M F M F M F F M F M F M M F M F M F M F F M F M a. On Mondays, Thursdays and alternating Tuesdays, Mother will secure custody of Ian after she leaves work. b. Absent mutual agreement otherwise, on Saturdays, Mother will secure custody of Ian at 9:00 am. c. Absent mutual agreement otherwise, on Sundays, Father will secure custody of Ian at 9:00 am. d. Each parent may contact the other one time per day between 8:00 pm and 8:30 pm during the other parent's custodial periods to check on Ian. Neither party will use this contact as an opportunity to discuss any divorce or separation issues. e. The parties will maintain a neat and tidy home environment for Ian during their periods of custody. 5. Holidays. Mother will have custody of Ian on Mother's Day from 9:00 a.m. until 7:00 p.m. Father will have custody of Ian on Father's Day at the same times. All other holidays shall be by mutual agreement, or in the absence of agreement, shall be addressed at the updated conciliation conference after the assessment by Deborah Salem is completed. 6. Child Care. Father's parents or sister will provide child care for Ian when the parties are at work or are otherwise not available to care for Ian. 7. Transportation. On Mondays, Thursdays and alternating Tuesdays, Mother will pick up Ian from his paternal grandparents' home after work and deliver Ian to his grandparents on Tuesdays, Fridays and alternating Wednesdays before she goes to work in the morning. For the weekend exchanges, the parents shall meet at the Giant Supermarket in Mechanicsburg. The parties may mutually agree to alternative locations and times. 8. No Adult Issues. Neither party shall discuss adult issues with the child. All communications shall take place directly between the parents and parents will not use the child as an intermediary. 9. No DiMma&g Remarks. Neither parent will make any disparaging remarks regarding the other parent in the presence of, or within earshot of, the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of, or within earshot of, the child. 10. Prohibited Substances. During periods of custody, the parents shall not possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. The parties shall assure that other household members and guests comply with this prohibition. Additionally, the parties shall not expose the child to cigarette smoke. 11. Schedule Changes. Unless the parties expressly agree in writing by e-mail, they shall not deviate from the custody schedule set out in this Order. 12. Co-Parenting Assessment. The costs of the assessment, including preparation of the report, shall be allocated equally between the parties. Each party shall remit payment to Interworks promptly upon request. Upon completion and receipt by the parties of the assessment by Deborah L. Salem, CACD, LPC, either party may request a fallow-up conciliation conference. Distribution: .,T<eresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 J ith O. Brenneman, Esq., 44 West Main St., Mechanicsburg, PA 17055-0318 Wan Hoffman, 1117 Nanroc Driv ,Mechanicsburg, PA 17055 ,,i6hn Mangan, Esq. J 460 o?? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. MYTU T. HOFFMAN Defendant : NO. 08-1725 Civil Term . CIVIL ACTION - DIVORCE/CUSTODY Prior Judge: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ian Edison Hoffman 5/31/2007 Mother and Father 2. A Conciliation Conference was held with regard to this matter on May 6, 2008, an Order was issued May 9, 2008 and a conference was held July 28, 2008 regarding Mother's petition for contempt and modification with the following individuals in attendance: The Mother, Mytu T. Hoffinan, with her counsel, Keith Brenneman, Esq. The Father, Ryan M. Hoffman, with his counsel, Theresa Barrett Male, Esq. 3. Father indicates that he desires a gradual transition of the Child to Mother's new residence and that the current situation is working well. Father has concerns regarding a change in location for the Child when he is in Mother's custody. Father also has some concerns regarding Mother's acquaintances and whether they are appropriate to be around the Child. Father requests that he be afforded an opportunity to check in with the Child for one hour every day while the Child is in Mother's custody. 4. Mother indicates that that a gradual transition is not necessary or warranted. Mother indicates that the Child is very comfortable with her and that she has an appropriate residence, which Father acknowledges and has seen. Mother asserts that Father discusses topics with her not necessarily related to the Child and that the one hour check in period that Father requests will result in a situation that would not be in the Child's best interest. 5. The undersigned recommends the entry of an Order in the form as attached. ?ijl?% Date Jo J. angan, Esquire sto Conciliator Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbrn0tbmesguire.corn Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY MOTION TO MAKE RULE ABSOLUTE 1. On July 25, 2008, Petitioner filed a petition for leave to withdraw as counsel for plaintiff in this proceeding. 2. On July 29, 2008, the Honorable J. Wesley Oler, Jr. issued a rule, returnable fourteen (14) days from the date of service, which Petitioner served on plaintiff and defendant on August 1, 2008. 3. The return date has passed without answer by either plaintiff or defendant. a Wherefore, Petitioner requests the Court to make the rule absolute and to grant her petition for leave to withdraw as counsel for Plaintiff in this action. Law Office of Theresa Barrett Male By: Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: August 20, 2008 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Attorneys for Defendant Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055 Plaintiff Law Office of Theresa Barrett Male heresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: August 20, 2008 Ila t- .. 77 C.t i 0 AUG 2 2 2008 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbrnAtbmesauire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY ORDER AND NOW, August , 2008, the Court GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Plaintiff in this proceeding. BY THE COURT: 4 J. esley Oler, r.,J. Di>tribution: i -,,The sa Barrett Male, Esquire, 513 North 2"d Street, Harrisburg, PA 17101-1058 With O. Brenneman, Esquire, 44 W. Main Street, Mechanicsburg, PA 17055-0318 ian M. Hoffman, 1117 Nanroc Drive, Mechanicsburg, PA 17055 ??,a iii j? ??, '???{????'? 63 Wd Law Office of Theresa Barnett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. : NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 17, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 unswom falsification to authorities. jRyg M. Hoffman Date: August 2008 2 -r T "Y „, A Law Office of Theresa Barnett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION- DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. Y 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 unswom falsification to authorities. Ry M. Hoffman Date: °! Z 008 2 rMa °`° c.;..? _ i1 '?3'e " C ? " 'T? , .. t ? 1 -, -_ ?`? ,'7?- ?, (Ti ._«.. -„?7 -'< Ira H. Weinstock, Esquire Supreme Court I.D. No. 01602 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 Attorneys for: PLAINTIFF RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, : vs. No. 08-1725 Civil Term M YTU T. HOFFMAN, CIVIL ACTION - LAW Defendant. IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Ryan M. Hoffman. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Dated: lb-7/09 By ?Lo IRA H. WEINSTOCK Attorney I.D. No. 01602 . . . ?ft CERTIFICATE OF SERVICE AND NOW, this 27th day of January, 2009, I, Ira H. Weinstock, Esquire, attorney for Plaintiff, Ryan M. Hoffman, hereby certify that I served the within PRAECIPE TO ENTER APPEARANCE this day by depositing the same in the the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 United States mail, postage prepaid, in By:jq_c,1-?, zrti f IRA H. WEINSTOCK cti 1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Ryan M. Hoffman, Plaintiff Vs. Docket No. 08-1725 Civil Term Mytu T. Hoffman Defendant MOTION FOR APPOINTMENT OF MASTER Ryan M. Hoffman, (Plaintiff) bnd=* moves the court to appoint a master with respect to the following claims: 6C) Divorce (Distribution of Property () Annulment () Support (} Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. her (2) The defendant (has) =j) appeared in the action ) (by ii attorney, Keith 0. Brenneman , Esquire). (3) The Staturory ground (s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s): XXMWi16Ii14MN4UW - gXmX #& M KXJX"Uxa )ta*mxlbX:6l*xumwxyi"KXX c. The action is contested with respect to the following claims: Divorce and Distribution of Property (5) The action OaXdoes not involve) complex issues of law or fact (6) The hearing is expected to take one-half (hours) (days). (7) Additional information, if any, relevant to the motion: Date: 05/18/09 C!JACL-1(• 000 -- Attorney for (Plaintiff) 43dC0 fj Print Attorney Name ......... ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: F'LE „C r 2009 MAY 21 Pt 1: 3 -, t _ il•??,?a ?I?. MAY 2 2 p005 t ;- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ryan M. Hoffman, Vs. Plaintiff Mytu T. Hoffman Docket No. 08-1725 Civil Term Defendant MOTION FOR APPOINTMENT OF MASTER Ryan M. Hoffman, (Plaintiff) gWbn D* moves the court to appoint a master with respect to the following claims: (g) Divorce ( Distribution of Property () Annulment () Support {) Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. her (2) The defendant (has) #==" appeared in the action 4unamoRy) (byijc attorney, Keith O. Brenneman , Esquire). (3) The Staturory ground (s) for divorce (is) (are) Section 3301(d) (4) Delete the inapplicable paragraph(s): aXX???db?6?C1??. c. The action is contested with respect to the following claims: Divorce and Distribution of Property (5) The action 0zmAamXdoes not involve) complex issues of law or fact (6) The hearing is expected to take one-half (hours) (days). (7) Additional information, if any, relevant to the motion: Date: 05/18/09 JAL-t( • Attorney for (Plaintiff) 4XM%KMq Print Attorney Name ......... AND NOW, -fita_ 97 , 20 D / Esquire is appointed master wi respect to the following claims: 2009 MAY 21 PI = C?J k RYAN M. HOFFMAN, Plaintiff VS. MYTU T. HOFFMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 08-1725 Civil Term CIVIL ACTION - CUSTODY ADDENDUM TO AUGUST 6, 2008 ORDER OF COURT AND NOW, this ^4ALV d day of , 2009, upon agreement by the parties, the following terms are hereby added to the prior Order of Court filed August 6, 2008: 1. All custodial exchanges shall be facilitated between the child's maternal and paternal grandparents. 2. The parties shall have no direct contact in person, by telephone or otherwise; all communication between the parties shall be facilitated by the child's grandparents and/or counsel for the parties. 3. Neither party shall discipline the child with any type of corporal punishment; the parties will assure during their respective custodial periods that no third party inflicts corporal punishment and/or physical injury to the child. 4. Any requests to alter custodial rights of the parties relying on allegations that pre-date the within order shall be litigated under the above custody docket rather than a protection from abuse action. ark Bayley, Esq. epJamin Yoffee, Esq. eith Brenneman, Esq. BY THE COURT: - S, ?, ?,\ \ \ Honorable M. L. Ebert, Jr. 0 FIED-OFFICE OF THE RROTHC)NO TAAY 2009 JUL 22 PM 3, 45 cum6l&i !yi'?ti ;Q"k/Ui i 1 PSNNSYLVANNI A RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 08-1725 Civil Term MYTU T. HOFFMAN : CIVIL ACTION - CUSTODY Defendant PETITION FOR EMERGENCY RELIEF AND NOW, comes Ryan Hoffman by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. A prior stipulated order was entered on August 6, 2008 by the Honorable J. Wesley Oler, Jr., (a copy is attached as "Exhibit A") concerning Ian Hoffinan (D.O.B. 5-31-07); said order provides for essentially an equally shared physical custody arrangement. 2. The parties agreed to add an addendum to the prior custody order which was entered by the Honorable M.L. Ebert, Jr., on July 22, 2009 (a copy is attached as "Exhibit B"); the main condition of said order was an agreement by the parties that corporal punishment would not be used to discipline the child. 3. Defendant (hereafter "Mother") exercised her custodial period from 9 a.m. on Saturday, August 15, 2009, until the child was picked up by Plaintiff (hereafter "Father") at 9 a.m. Sunday, August 16, 2009. 4. When Father changed the child's diaper around 10 a.m. on the same day the child reported to Father that "the police officer touched my penis." 5. Mother has a paramour who purports to be a police officer to the child (Father has not verified whether or not he is in fact a police officer). 6. At the time, Father observed redness on the top of the child's penis. 7. In response to Father's question of "how was your penis touched" the child responded by simulating masturbation; the child also reported that he was slapped on his face twice by "the police officer." On the same day Father contacted Cumberland County Children and Youth Services (CCCYS); CCCYS staff arrived at Father's home and recommended that the child be taken to the emergency room. 9. On the same day emergency room personnel discovered bruising on the child's penis and additional redness around the child's pelvic area. 10 Emergency room personnel referred Father for an appointment at the Children's Resource Center which is taking place on the afternoon of August 17, 2009. 11. Father has observed other concerning bruising and injuries to the child after Mother's custodial periods over the past several months. 12. Mother's next ordered custodial period commences on the evening of August 17, 2009. 13. Father believes that the child is in imminent risk of further abuse during Mother's custodial periods. 14. Theresa Male, Esquire, previously represented Mother with regard to the 2008 order and Benjamin Yoffee, Esquire, assisted Mother (through Domestic Violence Services) with regard to the most recent July order; a copy of the within petition is being faxed and mailed to both of the above counsel. 15. Mother is presumably opposed to the entry of the attached order. WHEREFORE, based upon the above statements by the child and correlating injuries, Father respectfully requests to halt Mother's custodial periods pending the outcome of the current investigation and a hearing by the court. l Respectfull ubmitted, '? ? / o Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: g./ ---V u ark F. Bayley, Esquire AUG U D cuub COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. NO. 08-1725 Civil Term MYTU T. HOFFMAN Defendant CIVIL ACTION - CUSTODY Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW, August , 2008, after a conciliation conference and upon agreement of the parties, the Court ORDERS and DECREES as follows: 1 2. 3. The prior Order of Court dated May 9, 2008 is hereby VACATED and Mother's Petition for Contempt is hereby held in abeyance. Legal Custody. Plaintiff Ryan M. Hoffman ("Father") and Defendant Mytu T. Hoffman ("Mother") will share legal custody of their son, Ian Hoffman (dob: 05/31/07), as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning Ian, including but not limited to his health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning Ian which reasonably could be expected to be of concern to the other. The parent having physical custody of Ian at the time any emergency arises shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to Ian's medical, dental, religious and school records. This also includes records maintained by any professional or authority. Each parent shall execute any and all P?1? 41 ? ?A legal authorizations so that the other parent may obtain information from Ian's schools, physicians, psychologists or other individuals concerning his progress and welfare. 4. Custody Schedule. In order to maximize Ian's contacts with both parents while providing a stable environment for him, the parties have agreed to implement a custody schedule, under which each parent will have custody of Ian as follows: SUN MON TUE WELD THU FRI SAT F M F F M F M F M M F M F M F M F F M F M F M M F M F M F M F F M F M a. On Mondays, Thursdays and alternating Tuesdays, Mother will secure custody of Ian after she leaves work. b. Absent mutual agreement otherwise, on Saturdays, Mother will secure custody of Ian at 9:00 am. c. Absent mutual agreement otherwise, on Sundays, Father will secure custody of Ian at 9:00 am. d. Each parent may contact the other one time per day between 8:00 pm and 8:30 pm during the other parent's custodial periods to check on Ian. Neither party will use this contact as an opportunity to discuss any divorce or separation issues. e. The parties will maintain a neat and tidy home environment for Ian during their periods of custody. 5. Holidays. Mother will have custody of Ian on Mother's Day from 9:00 a.m. until 7:00 p.m. Father will have custody of Ian on Father's Day at the same times. All other holidays shall be by mutual agreement, or in the absence of agreement, shall be addressed at the updated conciliation conference after the assessment by Deborah Salem is completed. 6. Child Care. Father's parents or sister will provide child care for Ian when the parties are at work or are otherwise not available to care for Ian. 7. Transportation. On Mondays, Thursdays and alternating Tuesdays, Mother will pick up Ian from his paternal grandparents' home after work and deliver Ian to his grandparents on Tuesdays, Fridays and alternating Wednesdays before she goes to work in the morning. For the weekend exchanges, the parents shall meet at the Giant Supermarket in Mechanicsburg. The parties may mutually agree to alternative locations and times. 8. No Adult Issues. Neither party shall discuss adult issues with the child. All communications shall take place directly between the parents and parents will not use the child as an intermediary. 9. No Disparaging Remarks. Neither parent will make any disparaging remarks regarding the other parent in the presence of, or within earshot of, the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of, or within earshot of, the child. 10. Prohibited Substances. During periods of custody, the parents shall not possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. The parties shall assure that other household members and guests comply with this prohibition. Additionally, the parties shall not expose the child to cigarette smoke. 11. Schedule Changes. Unless the parties expressly agree in writing by e-mail, they shall not deviate from the custody schedule set out in this Order. 12. Co-Parenting Assessment. The costs of the assessment, including preparation of the report, shall be allocated equally between the parties. Each party shall remit payment to Interworks promptly upon request. Upon completion and receipt by the parties of the assessment by Deborah L. Salem, CACD, LPC, either party may request a follow-up conciliation conference. Distribution: BY THE CO 1/0., S J " , Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Keith O. Brenneman, Esq., 44 West Main St., Mechanicsburg, PA 17055-0318 Ryan Hoffman, 1117 Nanroc Drive, Mechanicsburg, PA 17055 John Mangan, Esq. 7 JUL 2 4 2009Q' / RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. 08-1725 Civil Term MYTU T. HOFFMAN : CIVIL ACTION - CUSTODY Defendant ADDENDUM TO AUGUST 6.2008 ORDER OF COURT AND NOW, this 22n6day of , 2009, upon agreement by the parties, the following terms are hereby added the prior Order of Court filed August 6, 2008: 1. All custodial exchanges shall be facilitated between the child's maternal and paternal grandparents. 2. The parties shall have no direct contact in person, by telephone or otherwise; all communication between the parties shall be facilitated by the child's grandparents and/or counsel for the parties. 3. Neither party shall discipline the child with any type of corporal punishment; the parties will assure during their respective custodial periods that no third party inflicts corporal punishment and/or physical injury to the child. 4. Any requests to alter custodial rights of the parties relying on allegations that pre-date the within order shall be litigated under the above custody docket rather than a protection from abuse action. BY THE COURT: /-5/ 'm , ? - eL, i ? , i Ho rabl M. L. Ebert, Jr. Mark Bayley, Esq. Benjamin Yoffee, Esq. Keith Brenneman, Esq. C,7 ?( ?At" 11 ? 01PY FROM RECD TRUE C n TB+?Y ' 1° unto $et ell wwd -A carmwo f. L t. 161 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Benjamin Yoffee, Esq. P.O. Box 605 New Bloomfield, PA 17068 Theresa Male, Esq. 513 N. Second St. Harrisburg, PA 17101 Mark F. Bayley, Esquire RM-OFF-CE oF THE MpTHCNOTAPY IN 9 AUG 17 PM Z,- Z 9 PENNSYLVNNIA 76, 66 c a-cl7 j 7 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. 08-1725 Civil Term MYTU T. HOFFMAN : CIVIL ACTION - CUSTODY Defendant ORDER AND NOW, this l ?7 ttday of u ?-t , 2009 it is hereby directed that: 1) A hearing with regard to Plaintiffs Petition for Emergency Relief is scheduled for the -3/74_ day of 44&?7?, 2009 in Courtroom # at M. QQ in the Cumberland County Courthouse. 2) Defendant's custodial periods as specified in the prior Order dated August 6, 2008 shall be suspended pending further Order of Court. //Mark F. Bayley, Esq. ? / -$enjamin Yoffee, Esq.? Theresa Male, Esq. t£s M? L Le-L OF 4U&TARY 2009 AUG 17 PM 3= 3 7 t ENI SYLVkN A RYAN M. HOFFMAN, Plaintiff VS. MYTU T. HOFFMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 08-1725 Civil Term CIVIL ACTION - CUSTODY ADDENDUM TO PETITION FOR EMERGENCY RELIEF AND NOW, comes Ryan Hoffinan by and through his attorney, Mark F. Bayley, and adds the following updated information to his previously filed Petition for Emergency Relief 1. Plaintiff (hereafter "Father") filed his Petition for Emergency Relief on August 17, 2009; an order was entered on the same day by the Honorable J. Wesley Oler, Jr., setting a hearing date for September 3, 2009 and suspending Defendant's custodial periods. 2. Dr. Paula George of the Children's Resource Center examined the child on the afternoon of August 17, 2009. 3. On August 18, 2009, Dr. George indicated to undersigned counsel that she had not observed evidence of physical abuse. 4. On August 18, 2009, undersigned counsel obtained the report generated by resident physician Fernando Cortes, of Hershey Medical Center, who had evaluated the child on August 16, 2009 (attached as "Exhibit A"); said report was immediately forwarded to Dr. George. 5. Dr. George performed a follow-up evaluation of the child on August 19, 2009 after reviewing Dr. Cortes' report. 6. On August 21, 2009, Dr. George indicated to undersigned counsel that her follow-up exam was consistent with her first exam and that she could not corroborate any "ecchymosis over the child's right thigh, consistent with an outline of a hand" (as documented by Dr. Cortez) or bruising anywhere else on the child; she did confirm penile vascularity which is not consistent with child abuse.I 7. Father remains convinced that the child has been and will continue to be physically abused by Mother's paramour; at the present time it appears that Father's allegations of abuse rely on a history of bruising not exclusively consistent with abuse and the word and behaviors of a 2 year old child. 8. Father wishes to maintain the current order suspending Mother's custodial periods pending the September 3, 2009 hearing but assumes that the court will re- evaluate that decision based upon the within information. 9. In the alternative Father wishes for Mother's paramour to be excluded from any and all contact with the child pending the September 3, 2009 hearing. Respectfully itted, Mark F. Bayley, E wire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 1 Paragraph 9 of Father's petition alleges that Dr. Cortes "discovered bruising on the child's penis and additional redness around the child's pelvic area." Father maintains that this is what he was told by Dr. Cortes despite the fact that Dr. Cortes does not indicate bruising to the child's penis in his report. Undersigned counsel has not interviewed Dr. Cortes to date. VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. J. -V Date: ,. ? .? C)') ?/ Mark F. Bayley, squire Aug,18 09 01:11p AAction Lock And Door Co 7177660867 p.2 PENNSTATE HERSHEY PM Milton S. Hershey ® Medical Center Patient Name: HOFFMAN, IAN E MRN 1848942 ED Summary SOCIAL HISTORY: As stated above, the gild lives with the father now pending court and medical evaluation of the child's injuries. IMMUNIZATIONS: Up to date. FAMILY HISTORY: Noncontributory. ALLI*RGIES: Peanuts, tomatoes, wheat, bananas. CURRENT MEDICATIONS: None. REVIEW OF SYSTEMS: As stated in the HPi. Otherwise ten-point review of systems is negative. PHYSICAL EXAM: Vital signs: Temperature 35.9, heart rate 113, blood pressure 107/56, respirations 22, oxygen saturation 99% on room air. This is a well-nourished, and otherwise injured gild who is normocephalic, atraumatic in no acute distress. He is alert and oriented x3. Pupils equal and reactive to light. Extraocular movement are intact. Eyes are anictedc. Mouth mucosa is moist and pink. Neck is supple, nontender, with no JVD, and no lymphadenopathy. Heart is in regular rate and rhythm with no murmurs, rubs, or gallops. Lungs are clear to auscultation bilaterally. Abdomen soft, nontender, nondistended, with bowel sounds. Extremities are warm with 2+ peripheral pulses. No calf pain, no edema. Strength and sensation are intact bilaterally. There are no rashes noted. There are areas of ecchymosis in the child's left upper extremity. There is an area of ecchymosis over the child's right thigh, consistent with an outline of a hand. There is perianal redness as well as an excess of penile vascularity noted. There were no lesions noted in the anus at the time of examination. MEDICAL DECISION MAKING: 1. Sexual abuse 2. Sexual assault exam. EMERGENCY DEPARTMENT COURSE: After a brief sexual assault examination of the child, it was determined that the parent and child would be best served at Harrisburg with the SANE nurse examination as well as documentation of the child's injuries, since they are better equipped to handle the nature of the parent and the child's complaints at this point in time. The parent and child were referred to Social Services, and the Harrisburg Emergency Department was contacted for a transfer of the child to the Emergency Department to be seen. Since it was becoming late in the evening, an appointment was made for the morning of 8/17/2009 with an SANE nurse. to evaluate. the child and document his injuries. The parent and the child were happy with the instructions, and were subsequently discharged from the Emergency Department in good condition. PRESUMED DIAGNOSIS: Sexual assault on a child. Date/Time Printed: 8/1 812009 11:43 EDT Printed By: Washington, Louise A Page 2 of 3 Aug-'1B 09 01:11p AAction Lock And Door Co 7177660867 p•3 PENNSTATE HERSHEY PM Milton S. Hershey Rp Medical Center Patient Name: HOFFMAN, IAN E MRN 1848942 ED Summary #863280 Electronic Signature on File Electronically ReMwedOgned by: Fernando L Corfes, MD Author Signature Dt/Tm:17 08.2009 03:15 pm SectronkaUy Reviewed/Signed by: Stewart C McCan er, MD FLC XJK DD: 08117109 DT- 08117109 06:42 Date(T-ime Printed: 8118/2009 11:43 EDT Page 3 of 3 Printed By: Washington, Louise A Rug-18 09 01: lop RRction Lock And Door Cc 7177660867 p.l PENNSTATE HERSHEY Penn State Hershey Tel: (717) 531-8055 W ton t, Milton S. Hershey Medical Center P Milton S. Hershey Health Information Services, HU24 VP Medical Center 500 University Drive P.O. Box 850 Patient Name: HOFFMAN, IAN E MRN: 1848942 Date of Birth: 5/31/2007 Patient Gender: Male Hershey, PA 17033-0850 Visit Number: 13368243 Visit Type: Emergency Patient Location: EMER; ; ED Summary -- RESULT STATUS: / PreliminaFy-?,, DOCUMENT SUBJECT: C ELECTRONICALLY SIGNED BY: Cortes, Fernando L (8117/2009 15:15 EDT) ED SUMMARY Name: HOFFMAN, IAN E HMC Number: 1848942 DOB: 05/31/2007 Date of Service: 08/1612009 PRESENTING PROBLEM: Sexual abuse. HISTORY OF PRESENT ILLNESS: This is a very pleasant 2-year-old child brought by his father, and referred to the Emergency Department by the Children and Youth Services. The father states that he and his wife are separated at this time, and they share custody of the child, whereupon they have the child every other day at their domicile. The child is brought by the father today with a five-month history of the father noticing multiple bruises on the child as well as constipation. Per the father, the child frequently is noticed to have multiple bruises consistent with someone grabbing the child, as well as multiple abrasions, in addition to allegations of the child stating that he has been slapped across the face multiple times, as well as scratched and being bruised by his natural mother, grandmother, as well as cousin. For the past three weeks the child has been complaining to his father of a person unknown to him touching him in the perianal region in multiple instances. It is described as pulling at his penis and grabbing his testicles multiple times. These allegations are also voiced by the child at time of evaluation. The child states that "a police officer" has been performing these acts, and the child's father is unsure as to whether this could be his ex-wife's boyfriend or another party. The father provides pictures of the child's previous wounds for evaluation, and at the time of examination in the Emergency Department, these pictures that the father has produced show lesions consistent with child abuse. Prior to this three- week episode of alleged sexual abuse, the child was always very avoidant when his diaper was changed and his genitals were touched. The father further explains that after discussing this with friends and other family members who are social workers, he was alerted to the fact that the child's wounds, behavior and allegations are consistent with child abuse, which is what prompted him to contact the Children and Youth Services, and to be referred to the Emergency Department today. At this time the father denies any recent illness in the child. The child furthermore denies any dysuria, hematuria, melena, hematochezia, or abdominal pain. PAST MEDICAL AND SURGICAL HISTORY: None. Date/T-ime Printed: 8/18/200911:43 EDT Page 1 of 3 Printed By: Washington, Louise A CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Keith Brenneman, Esquire 44 West Main Street, PO Box 318 Mechanicsburg, PA and via fax: 697-7681 Mark F: Bayley, Esquire OF THr P? pi" i. inNiOTARY 1069 AUG 2 1 PH Z` 4 RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1725 CIVIL TERM IN RE: ADDENDUM TO PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 24`" day of August, 2009, upon consideration of Plaintiffs Addendum to Petition for Emergency Relief, the prior order vf-Amgmwof-August 17, 2009, is vacated insofar as it suspends Defendant's custodial periods. The Court appreciates the forthrightness of Plaintiff's counsel in bringing results of recent medical exams to the court's attention. BY THE COURT, ? Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 /Attorneys for Plaintiff Mytu T. Hoffman 204 Luce Street Harrisburg, PA 17104 Courtesy Copy: Keith O. Brenneman, Esq. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 ?o ?'ey fna at LCCL J. Wesley Oler,?'Jr., J BLEU LYFIC.E OF THE P"L ,;' NIOTARY 2009 AUG 24 PM 1: 5 7 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-1725 Civil Term MYTU T. HOFFMAN : CIVIL ACTION - CUSTODY Defendant PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Mark Bayley, Esquire, as attorney of record for Plaintiff in the above-captioned matter. Submitted: Mark Bayley, E-Kruire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Please enter the appearance of Courtney Powell, Esquire, as attorney of record for Plaintiff in the above captioned matter. Respectfully Submitted: ?-i ?04 1 Courtney Powell, Eruire 134 Sipe Ave. Hummelstown, PA 17036 (717) 533-3280 OF THE 2009 SEP -2 P 1: 52 RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MYTU T. HOFFMAN, : Defendant NO. 08-1725 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 3rd day of September, 2009, upon consideration of the attached letters from Courtney Kishel Powell, Esq., attorney for Plaintiff, and Thomas M. Clark, Esq., attorney for Defendant, the hearing previously scheduled for September 3, 2009, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, Zcourtney Kishel Pow ell, Esq. P.O. Box 850 Hershey, PA 17033 Att rney for Plaintiff Thomas M. Clark, Esq. 130 W. Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant (20r,?Es 9 OF THE PROTHONOTARY 7009 SEP -b PM 2: 34 gEF:r Y y LINTY PENNSYLVAM JAMES SMITH DIE 17ERICK & CONNELLY LLP Courtney Kishel Powell ft aisdc.com FAX 717.298.2025 P.O. BOX 650 HERSHEY, PA 17033 Courier Address: September 2, 2009 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 WWW.JSDC.COM VIA FACSIMILE (717) 240-6462 AND U.S. MAIL The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Ryan M. Hoffinan v. Mytu T. Hoffman Docket No. 08-1725 GARY L. JAMES MAX J. SMITH, JR. Dear Judge Oler: JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III Please be advised that I represent Ryan Hoffman, Plaintiff in the above-captioned NEIL W. YAHN EDWARD P. SEEBER action. We are currently scheduled for a hearing before you on Thursday, September 3 RONALD O , 2009 at 11:00 a.m. We are requesting a general continuance of this matter until Children SUSAN M. KADEL ADEL JARAD W. HANDELMAN & Youth Services has an opportunity to conclude their investigation. COURTNEY K. POWELL KIMBERLY A. BONNER KAREN N. CONNELLY Thomas M. Clark, Esquire, counsel for Ms. Hoffman, concurs in this request and JOHN M. HYAMS CHRISTINE T. BRANN is being copied with this correspondence. It is my understanding that Attorney Clark will JESSICA E. LOWE WE SEAN M. CONCANNON be providing you a letter indicating his concurrence in this continuance OF COUNSE . L: GREGORY K. RICHARDS It would be greatly appreciated if you would notify counsel if this request has BERNARD A. RYAN, JR. been granted. Your attention to this matter is greatly appreciated. Very truly yours, Courtney Kishel ell CKP/mbl cc: Thomas M. Clark (VIA FACSIMILE (717) 502-5050) Ryan M. Hoffman 09/02/2009 14:59 7175025050 COLGAN MARZZACCO PAGE 02/02 0 rrar;inwof>'rCESnF COLGAN LVI,kP.LrZ ACCO H.C. Timothy J. Colgan Christopher J. Mornacco David E. Hershey Thomas M. Clark Shown M. Curry September 2, 2009 VIA I:ACSIMILE 4NL X (717-2406462) The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013-3387 ,Re: Ryan M. Hoffman v Mytu T Hoffman Docket No.: 08-1725 Civil Term Dear Judge Oler: My office has been retained to represent Mytu T. Hof loan with regard to the above-captioned matter. This letter is to advise that we are in concurrence with opposing counsel's request for a general continuance with regard to the Hearing on Plaintiffs Petition fo.r Emergency Relief scheduled before you on September 3, 2009 at 11:00 a.m. If you have any questions, please do not hesitate to contact me. Thank you for your courtesy in this matter. Very truly yours, TMC/j1r COLGAN MARZZACCO, LLC 0-1 by Thomas M. Clark, Esquire 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 - P: 717.502-5000 - F: 717-502-5050 - Toll Free: 1.800.615-0115 - www.cmlowl.com Where Nvoy Qiew Matters Officrrs in Dillsburg, York, Harrisburg, Scrantnn Ar(, RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1725 MYTU T. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO WITHDRAW APPEARANCE Courtney Kishel Powell, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw her Appearance as counsel for the Plaintiff, Ryan M. Hoffman, and, in support thereof, avers as follows: 1. On or about September 1, 2009, undersigned counsel entered her appearance in the above-referenced matter to represent the Plaintiff, Ryan M. Hoffman. 2. Differences have arisen between the Plaintiff and undersigned counsel necessitating undersigned counsel's need to withdraw as counsel in the above-referenced matter. 3. Plaintiff, Ryan M. Hoffinan, has agreed to undersigned counsel's withdraw in this action, and until he has secured other counsel, has agreed to represent himself pro se. A copy of the Praecipe withdrawing undersigned counsel's appearance, and entering Mr. Hoffman's appearance, pro se, is attached hereto and marked as Exhibit "A". 4. While there is a pending Petition for Special Relief, that action has been continued generally until Children and Youth have concluded their investigation. Accordingly, Plaintiff has ample time to secure alternate counsel to represent him at that hearing, once that hearing is scheduled. 5. Undersigned counsel has discussed this Petition with opposing counsel, Thomas M. Clark, Esquire, who does not oppose this Petition. WHEREFORE, it is respectfully submitted that this Court grant undersigned counsel permission to withdraw as counsel in the above-referenced matter. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: Courtney Kishel Po 1, Esquire Attorney I.D. #8150 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff VERIFICATION I, Courtney Kishel Powell, Esquire, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ' Exhibit "A" RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1725 MYTU T. HOFFMAN, : CIVIL ACTION - LAW . Defendant : IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Ryan M. Hoffman, in the above-captioned action. Date: ng TO THE PROTHONOTARY: By: James, Smith, D ettE Post Office Box 6 Hershey, PA 17033 717:533.3280 PA I.D. No. 81509 & Connelly, LLP Please enter the appearance of Ryan M. Hoffman, Pro Se, in the above-captioned action. Date: 71?slo' RjAM. Hoffinan 11 Nanroc Drive Mechanicsburg, PA 17055 717.701.7736 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1725 MYTU T. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Ryan M. Hoffman, hereby certify that I have served a copy of the foregoing Petition to Withdraw as Counsel on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Thomas M. Clark, Esquire Colgan Marzzacco, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 Ryan M. Hoffman 1117 Nanroc Drive Mechanicsburg, PA 17055 Dated: -` ' ?? By: _5A 0 uIN-d Y) JAMES, SMITH, DIETTERICK & CONNELLY, LLP Courtney Kishel Pow 1, Esquire Attorney I.D. #8150 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff FILED' I C f e . ^?! Cf1J THE 2099 P 2 ?: 1 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1725 MYTU T. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Ryan M. Hoffman, in the above-captioned action. Date: 1 m 0- By: r TO THE PROTHONOTARY: Courtney Kishel of James, Smith, D ette Post Office Box 6 Hershey, PA 17033 717.533.3280 PA I.D. No. 81509 & Connelly, LLP Please enter the appearance of Ryan M. Hoffman, Pro Se, in the above-captioned action. Date: Ry . Hoffinan 11 Nanroc Drive Mechanicsburg, PA 17055 717.701.7736 2009 SEP 29 i'i'i 3: :j d CUN4 ? vt ip J w SEP 3 0 200 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1725 MYTU T. HOFFMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this day of C (A- 1 2009, upon consideration of the Petition to Withdraw Appearance as counsel for Plaintiff, Ryan M. Hoffman, which includes the signed Praecipe of Plaintiff entering his appearance pro se, it is hereby ORDERED and DECREED that Courtney Kishel Powell, Esquire, is granted leave to withdraw as counsel for Plaintiff, Ryan M. Hoffman. Distribution: C ey Kishel Powell, Esquire, PO Box 650, Hershey, PA 17033 omas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 nn __ I i BY THE COURT: BLED-OFFICE OF THE PPMiONOTARY 2009 OCT -2 PM 4= 2 7 Ci1P t!; ?, ui f ODUNTY PENNSYLVANIA RYAN M. HOFFMAN, Respondent VS. MYTU T. HOFFMAN, Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1725 Civil Term CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW COMES, Mytu T. Hoffman, by and through her attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Mytu T. Hoffman, who currently resides at 124 West Portland Street, #31, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Ryan M. Hoffman, who currently resides at 1117 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Petitioner seeks shared legal custody and primary physical custody of the following child: Ian E. Hoffinan, born on May 31, 2007. The child was not born out of wedlock. The child is presently in the shared physical custody of Petitioner and Respondent. 4. During the past five years, the child has resided with the following persons and at the following addresses: Dates Address Persons A. August 5, 2008 to Present 124 W. Portland St. #31 Mechanicsburg, PA Mother B. August 5, 2008 to Present C. Birth to August 4, 2008 1117 Nanroc Drive Mechanicsburg, PA 1117 Nanroc Drive Mechanicsburg, PA Father Mother and Father The mother of the child is Mytu T. Hoffman, currently residing at 124 West Portland Street, #31, Mechanicsburg, Pennsylvania. The father of the child is Ryan M. Hoffman, currently residing at 1117 Nanroc Drive, Mechanicsburg, Pennsylvania. 5. The relationship of Petitioner to the child is that of Mother. The child currently resides with Petitioner and Respondent. 6. The relationship of Respondent to the child is that of Father. The child currently resides with Petitioner and Respondent. 7. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The Honorable Court has issued several Court Orders related to the above-captioned custody action. On August 6, 2008, This Honorable Court issued an Order (Attached hereto as Exhibit "A'q providing that the parties have shared legal custody and shared physical custody of the minor child. Additionally, on July 22, 2009, The Honorable Court issued an Addendum to August 6, 2008 Order of Court (Attached hereto as Exhibit "B"). 8. It should also be noted that Respondent had filed a Petition for Emergency Relief (filed August 17, 2009) and an Addendum to Petition for Emergency Relief (filed August 20, 2009). On September 3, 2009, This Honorable Court issued an Order (Attached hereto as Exhibit "C'9 providing that the hearing previously scheduled for September 3, 2009, is continued generally. To date, no action has been taken with regard to these Petitions. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting Petitioner shared legal custody and primary physical custody of the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests This Honorable Court to award her shared legal custody and primary physical custody of the minor child. Respectfully Submitted, COLGAN ACCO, LLC By Thomas M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: tv z z1o EXHIBIT A 08/27/2009 THU 9:13 FAX 7177288914 ' AUG U D cuutl COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN Plaintiff V. MYTU T. HOFFMA.N Defendant Prior Judge: J. Wesley Oler, Jr., J. NO. 08-1725 Civil Term CIVIL ACTION- CUSTODY ORDER OF COURT AND NOW, August , 2008, after a conciliation conference and upon agreement of the parties, the Court ORDERS and DECREES as follows: 1. The prior Order of Court dated May 9, 2008 is hereby VACATED and Mother's Petition for Contempt is hereby held in abeyance. 2. Legal Custodv. Plaintiff Ryan M. Hoffman ("Father") and Defendant Mytu T. Hoffman ("Mother's will share legal custody of their son, Ian Hoffman (dob: 05/31/07), as defined at 23 Pa. C.S.A. § 5302. They jointly will make major decisions concerning Ian, including but not limited to his health, welfare, education, religious training and upbringing, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning Ian which reasonably could be expected to be of concern to the other. The parent having physical custody of Ian at the time any emergency arises shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 3. Access to Records. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have fall and complete access to Ian's medical, dental, religious and school records. This also includes records maintained by any professional or authority. Each parent shall execute any and all 0007/036 08/27/2009 THU 9:14 FAX 7177288914 legal authorizations so that the other parent may obtain information from Ian's schools, physicians, psychologists or other individuals concerning his progress and welfare. 4. Custody Schedule. In order to maximize Ian's contacts with both parents while providing a stable environment for hum, the parties have agreed to implement a custody schedule, under which each parent will have custody of Ian as follows: SUN MON TUE WED TfW FM SAT F M F F M F M F M M F M F M F M F F M F M F M M F M F M F M F F M F M a. On Mondays, Thursdays and alternating Tuesdays, Mother will secure custody of Ian after she leaves work. b. Absent mutual agreement otherwise, on Saturdays, Mother will secure custody of Ian at 9:00 am. c. Absent mutual agreement otherwise, on Sundays, Father will secure custody of Ian at 9:00 am. d. Each parent may contact the other one time per day between 8:00 pm and 8:30 pm during the other parent's custodial periods to check on Ian. Neither party will use 2008/036 this contact as an opportunity to discuss any divorce or separation issues. 08/27/2009 THU 9:14 FAX 7177288914 e. The parties will maintain a neat and tidy home environment for Ian during their periods of custody. 5. Holidays. Mother will have custody of Ian on Mother's Day from 9:00 a.m. until 7:00 p.m. Father will have custody of Ian on Father's Day at the same times. All other holidays shall be by mutual agreement, or in the absence of agreement, shall be addressed at the updated conciliation conference after the assessment by Deborah Salem is completed. 6. Child Care. Father's parents or sister will provide child care for Ian when the parties are at work or are otherwise not available to care for Ian. 7. Transportation. On Mondays, Thursdays and alternating Tuesdays, Mother will pick up Ian from his paternal grandparents' home after work and deliver Ian to his grandparents on 2009/036 Tuesdays, Fridays and alternating Wednesdays before she goes to work in the morning. For the weekend exchanges, the parents shall meet at the Giant Supermarket in Mechanicsburg. The parties may mutually agree to alternative locations and times, 8. No Adult Issues. Neither party shall discuss adult issues with the child. All communications shall take place directly between the parents and parents will not use the child as an intermediary. 9. No. Disparaging_Remarks. Neither parent will make any disparaging remarks regarding the other parent in the presence of, or within earshot of, the child. Additionally, neither party shall permit third persons to make disparaging remarks conceming the other party in the presence of, or within earshot of, the child. 10. Prohibited Substances. During periods of custody, the parents shall not possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication. The 08/27/2009 THU 9:15 FAX 7177288914 parties shall assure that other household members and guests comply with this prohibition. Additionally, the parties shall not expose the child to cigarette smoke. 11. Schedule Changes. Unless the parties expressly agree in writing by a-mail, they shalt not deviate from the custody schedule set out in this Order. 12. Co-Parenting Assessment. The costs of the assessment, including preparation of the report, shall be allocated equally between the parties. Each party shall remit payment to Interworks promptly upon request. Upon completion and receipt by the parties of the assessment by Deborah L. Salem, CACD, LPC, either party may request a follow-up conciliation conference. BY THE CO s I t' Distribution: Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Keith O. Brenneman, Esq., 44 West Main St., Mechanicsburg, PA 17055-0318 Ryan Hoffman, 1117 Nanroc Drive, Mechanicsburg, PA 17055 John Mangan, Esq. 0010/036 EXHIBIT B 09/27/2009 THU 9:15 FAX 7177288914 U011/036 JUL 2 4 20096/ RYAN M. HOFFMAN, Plaintiff VS. MYTU T. HOFFMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 08-1725 Civil Term CIVIL ACTION - CUSTODY ADDENDUM TO AUGUST 6.2008 ORDER OF COURT AND NOW, this 12.?day of d) J , 2009, upon agreement by the parties, the following terms are hereby added Vtherior Order of Court filed August 6,2008: 1. All custodial exchanges shall be facilitated between the child's maternal and paternal grandparents. 2. The parties shall have no direct contact in person, by telephone or otherwise; all communication between the parties shall be facilitated by the child's grandparents and/or counsel for the parties. 3. Neither party shall discipline the child with any type of corporal punishment; the parties will assure during their respective custodial periods that no third party inflicts corporal punishment and/or physical injury to the child. 4. Any requests to alter custodial rights of the parties relying on allegations that pre-date the within order shall be litigated under the above custody docket rather than a protection from abuse action. Mark Bayley, Esq. Benjamin Yoffee, Esq. Keith Brenneman, Esq. BY THE OURT: Ho orabl M. L. Ebert, Jr. TRUE COPY FROM RECORt ) in T Whefed• I. WG 00 set 'aft a PNtl1AM? EXHIBIT C RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MYTU T. HOFFMAN, : Defendant NO. 08-1725 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 3rd day of September, 2009, upon consideration of the attached letters from Courtney Kishel Powell, Esq., attorney for Plaintiff, and Thomas M. Clark, Esq., attorney for Defendant, the hearing previously scheduled for September 3, 2009, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. Courtney Kishel Powell, Esq. P.O. Box 850 Hershey, PA 17033 Attorney for Plaintiff T mas M. Clark, Esq. 30 W. Church Street Suite 100 Dillsburg, PA 17019 Attorney for Defendant BY THE COURT, out, x3!it? a'it r nid iii` RYAN HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1725 CIVIL TERM MYTU HOFFMAN, Defendant CIVIL ACTION -CUSTODY VERIFICATION 1, Mytu Hoffman, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: (o (t I QR M U FFMAN, Defe ant W`'MCE O THE PRI OTH-,N. 3TARY 2004 00 T 27 PM I: G9 i'c`4ti??'r'i cif! 4'10. oo Pp ATI-{ asaf ? a3at??a RYAN M. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1725 CIVIL ACTION LAW MYTU T. HOFFMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 29, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on ` Wednesday, December 09, 20'09_'_.___ at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ohn . Man an r. Esq.. 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 OF HE T P 07 4 bTARY 2009 OCT 29 PFD 3: 2 7 ? w s :y TY i" RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, Defendant CIVIL ACTION - DIVORCE/CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 20th day of January, 2010, it appearing to the Court that we have at least one ready, willing, and able parent in the person of mother, the Dependency Petition is dismissed. We enter the following temporary custody order which shall in no way affect the rights of either party after a full and fair hearing on the merits which will be conducted before this court on April 9, 2010, commencing at 9:30 a.m. Pending said hearing, we enter the following temporary custody order: 1. The parties shall have joint legal custody of the child Ian Hoffman. 2. Mother shall shall have primary physical custody of the Child. 3. Father shall have the following periods of visitation with the Child: A. One overnight per week on either Wednesday or Thursday. In the weeks he does not have weekend visitation, the overnight shall be from after daycare on Thursday until the beginning of daycare on Friday. In the weeks where he does have weekend visitation, the weekday visitation shall be from Wednesday after daycare until commencement of daycare on Thursday. B. Every other weekend from Friday after daycare until 3:00 p.m. on Sunday. 4. The periods of weekend visitation shall be supervised by Father's grandmother, sister, or friend Mr. Ross or any other person approved in writing by Mother or her counsel. 5. The Child shall remain with the same daycare provider unless otherwise agreed by the parties. 6. Father is to have no contact with Mother other than through e-mail or text message and that should only concern the welfare of their child. 7. Lucille Johnston-Walsh, Esquire of the Penn State Dickinson School of Law is appointed Guardian ad Litem for the Child. If Ms. Johnston-Walsh and the Children's Advocacy Clinic is unable or unwilling to perform as Guardian ad Litem, Jacqueline Verney, Esquire, shall serve in thc,t_-c??pacity. By t? Court, war ? XJohn B. Dougherty, Esquire For the Plaintiff Thomas Clark, Esquire For the Defendant '.1- cille Johnston-Walsh, Esquire :mlc (20'J C es en:l %L? I //a.sl e _ C.e o 1 r- , .. "'V ue :t s 11 4 RYAN HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, Defendant CIVIL ACTION - DIVORCE/CUSTODY MOTION FOR WITHDRAWAL AND ENTRY OF GUARDIAN AD LITEM 1. On January 20, 2010, the court appointed Lucille Johnston-Walsh, Esquire of the Children's Advocacy Clinic as Guardian Ad Litem in the above-captioned case. 2. Lucille Johnston-Walsh, of the Children's Advocacy Clinic has a conflict of interest with this legal action and is requesting that this court vacate her appointment due to the conflict of interest. 3. Lucille Johnston-Walsh, of the Children's Advocacy Clinic requests an appointment of a new Guardian Ad Litem. As indicated in the January 20, 2010 Order of Court, Jacqueline Verney shall serve as Guardian Ad Litem for the minor child if the Children's Advocacy Clinic is unable to perform as Guardian Ad Litem. WHEREFORE, Lucille Johnston-Walsh of the Children's Advocacy Clinic requests that this Court grant the Withdrawal as Guardian Ad Litem in this case and appoint Jacqueline Verney, Esquire as Guardian Ad Litem . Date: February 1, 2010 Respectfully Submitted, LUCILLE J TON-WALSH CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (717) 243-3639 RYAN HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, Defendant CIVIL ACTION - DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Laurie L. Wolf, Legal Assistant I, Children's Advocacy Clinic, hereby certify that I served a true and correct copy of the Motion for Withdrawal and Entry of Guardian Ad Litem by depositing a copy of same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, on the following individuals: John B. Dougherty, Esquire 800 North Second Street Suite 100 Harrisburg, PA 17102 Thomas Clark ;--, T 130 West Church Stree t Suite 100 -- Dillsburg, PA 17019 - Jacqueline Verney, Esquire 44 South Hanover Street c Carlisle, PA 17013 Laurie L. Wolf Legal Assistant I CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FEB o z zoo 6-, 1 RYAN HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, Defendant CIVIL ACTION - DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of , 2010, the appointment of Lucille Johnston-Walsh, of the Children's Advocacy Clinic as Guardian Ad Litem for minor child is withdrawn and Jacqueline Verney, Esquire is hereby appointed Guardian Ad Litem for the minor child. e B E COUR J. cc: Ems- cm ?Thomas Clark, Esquire d °n - cqueline Verney, Esquire ` `` w " ? -Ge.c? I LE _o Cj of Q??v W RYAN HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, Defendant CIVIL ACTION - DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Laurie L. Wolf, Legal Assistant 1, Children's Advocacy Clinic, hereby certify that I served a copy of the Order of Court dated February 8, 2010 by depositing a copy of same in the r'7 N United States mail, postage prepaid, on the following individuals: r John B. Dougherty, Esquire .,? 800 North Second Street Suite 100 y Harrisburg, PA 17102 Thomas Clark 130 West Church Street Suite 100 Dillsburg, PA 17019 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 ( -Yazz?, Laurie L. olf Legal Assistant I CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r =y CJ rn --c RYAN M. HOFFMAN, Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 08 - 1725 2 M e!v t.. N 0 C9 a xY MYTU T. HOFFMAN, Defendant. CUSTODY PRAECIPE FOR WITHDRAWAL Off' 4PPFAI-ONCE AND ENTRY OF APPEARANCE 3a a TO THE PROTHONOTARY: PIGfr A???a dGGtr Please withdraw my appearance on behalf of the De€e t in the above matter. DATED: March 24, 2010 o`T?lf. B. Dougherty, Esquire (Atty. I.D. 70680 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 Please enter my appearance on behalf of the Plaintiff limited to the custody ??utter. DATED: 31ZS 11© /M - - Kent +h F Lewis, Esquire I.D. 069383 1101 N. Front Street Harrisburg, PA 17102 Phone: 717-234-3136 0n ?- m -c :,f`ti`A Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mytu Hoffman RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-1725 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW AS COUNSEL Keith O. Brenneman, Esquire, attorney for Defendant Mytu Hoffman submits this Petition For Leave to Withdraw as Counsel and in support thereof states the following: 1. Defendant Mytu Hoffman retained Petitioner Keith O. Brenneman, Esquire to represent her in this divorce action and signed a written agreement pertaining to her representation. 2. Defendant has failed substantially to fulfill her obligation to Petitioner regarding Petitioner's services. 3. Professional considerations require termination of the representation. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4. The office of Ira H. Weinstock, counsel for the Plaintiff, indicated that attorney Kenneth Lewis is representing the Plaintiff. Mr. Lewis on May 17, 2010 indicated he does not oppose this Petition. 5. Plaintiff has engaged in no discovery and has taken no action to move his divorce case forward. Accordingly, there would be no prejudice to Plaintiff if leave is granted Petitioner to withdraw as Defendant's attorney. 6. This matter was previously assigned to Judge Oler who entered a custody order in this case. WHEREFORE, Petitioner Keith O. Brenneman, Esquire requests this Court to grant his Petition to withdraw as counsel for Defendant. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: May 18, 2010 2 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman Date: j?'!j? ,?l Y/ 21$10 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ira H. Weinstock, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 By: Mytu Hoffman 124 West Portland Street No. 31 Mechanicsburg, PA 17055 Kenneth Lewis, Esquire 1101 N. Front Street Harrisburg, PA 17012 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 LAW OFFICES I Date: May 18, 2010 SNELBAKER 8C BRENNEMAN, P.C. f ? A`( ? g 201 I!t PRY 20101 AY 20 P0, 2: 09 cufft.? , ? ??vnr Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mytu Hoffinan RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1725 CIVIL TERM ORDER AND NOW, this 1 I t? day of 1412-1 , 2010, upon consideration of the Petition For Leave to Withdraw as Counsel filed by Keith O. Brenneman, attorney for Defendant, a RULE is issued upon Defendant Mytu Hoffman and counsel for Plaintiff Ryan M. Hoffman, to show cause, if any they should have, why the relief requested in the Petition should not be granted. RULE RETURNABLE within ? 0 days of service of a copy of this Order upon LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Defendant Mytu Hoffman and Plaintiffs attorney. fnat =f 71 2010 Ju -? f,ij 9. S$ Ct,,i j 'ry Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mytu Hoffinan RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1725 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND TO ALLOW WITHDRAWAL OF DEFENDANT'S COUNSEL Keith O. Brenneman, Esquire, attorney for Defendant Mytu Hoffman, submits this Motion and in support thereof states the following: 1. On May 18, 2010 Defendant's attorney filed a Petition For Leave To Withdraw as Counsel for the Defendant in this case. 2. By Order dated May 19, 2010 this Court issued a Rule upon Defendant and counsel for Plaintiff Ryan M. Hoffman to show cause, if any they should have, why the relief requested in the Petition should not be granted. A true and correct copy of the Court's May 19, 2010 Order is attached hereto and incorporated by reference herein as "Exhibit A". 3. On May 24, 2010 Defendant's attorney served upon Defendant and counsel of record for the Plaintiff a copy of this Court's Order of May 19, 2010. A true and correct copy of the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. letter transmitting this Court's Order of May 19, 2010 to the Defendant and Plaintiffs attorney is attached hereto and incorporated by reference herein as "Exhibit B". 4. Neither Defendant nor counsel for Plaintiff has responded to the Rule within ten days of May 24, 2010. 5. The Honorable J. Wesley Oler issued the Order of May 19, 2010 described above. WHEREFORE, Keith O. Brenneman, Esquire requests this Court to issue an Order allowing Keith O. Brenneman, Esquire leave to withdraw as attorney for Defendant Mytu Hoffinan in this action. By: SNELBAKER & BRENNEMAN, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: June 4, 2010 Attorneys for Defendant Mytu Hoffman LAW OFFICES SNELBAKER & BRENNEMAN. P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman Date: June 4, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. MAY 19 2010 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mytu Hoffman RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1725 CIVIL TERM ORDER AND NOW, this /Vk-day of , 2010, upon consideration of the Petition For Leave to Withdraw as Counsel filed by eith O. Brenneman, attorney for Defendant, a RULE is issued upon Defendant Mytu Hoffman and counsel for Plaintiff Ryan M. Hoffinan, to show cause, if any they should have, why the relief requested in the Petition should not be granted. RULE RETURNABLE within da days of service of a copy of this Order upon LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. Defendant Mytu Hoffman and Plaintiffs attorney. J. EXHIBIT A SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN Mytu Hoffman 124 West Portland Street No. 31 Mechanicsburg, PA 17055 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 May 24, 2010 Re: Hoffman v. Hoffman No. 2008-1725, Cumberland County Dear Mytu: Enclosed please find a copy of the Order issued May 19, 2010 by Judge Oler issuing a Rule upon you and Ryan's attorney to show cause, if any you should have, why I should not be permitted to withdraw as your attorney in your divorce case. Yours truly, Keith O. Brenneman KOB/sm Enclosure cc: Ira H. Weinstock, Esquire (w/enclosure) Kenneth Lewis, Esquire (w/enclosure) EXHIBIT B CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Ira H. Weinstock, Esquire Suite 100 800 N. Second Street Harrisburg, PA 17102 By: Mytu Hoffman 124 West Portland Street No. 31 Mechanicsburg, PA 17055 Kenneth Lewis, Esquire 1101 N. Front Street Harrisburg, PA 17012 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 LAW OFFICES SNELBAKER 8C Date: June 4, 2010 BRENNEMAN, F.C. MAY d e AUTHORITY TO PAY COURT APPOINTED COUNSEL_ 1. COURT ? District Justice W116ommon Pleas ? Appellate ? Other 2. VOUCHER NO 13484 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE CAI-cI sly ,6 o-- 6a 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. ? PETTY OFFENSE 140 FF At feIn/ vs A-¢F MAAI C U S U ? FELONY ? MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. 1 ?l M /IO 6C(_1-5,d Cl s } a 1 ? Defendant • Adult 2 ? Def nd nt - J il (? r ©? ? e a uven e t{i-k- 3 ? Appellant 4 ? Appellee 13. CRIMINAL DOCKET NO 5 ? Habeas Petitioner 6 ? Material Witness 10. PERSON REPRESENTED ((Full Name) 7 ? Parolee Charged With Violation B ? P etianer Charged With Violation 14. APPEALS DOCKET NO. / 17A/ 14 l 0AC n : 9 Otner• . A I f 6 A-L 16. NAME OF ATTORNEY/PAYEE AND 7 Appt Date MAILIt"^ "nnnrce tJ "O 14. Gi Jacqueline M. Verney, Esquire 44 South Hanover Street NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, Pa. 17013 17. TELEPHONE No. l7 -,p-q3 - qi'90 18. SOCIAL SECURITY NO ORE N NO 157-y7 -9 96 3 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES OUNZS CLAIMED a. Arraignment and/or Plea Multi ratep?r , houF?nes total b. Preliminary Hearing obt`ITf "In Co ni com• on Eretr totaow c Motions and Requests . . 0-- d. Bail Hearings - f -L ' O e. Sentence Hearings CID . U Z I. Trial g. Revocation Hearings ,;-_ "rZ h. Juvenile Hearings i. Appeals Court 19A.'ftTA CO T COMP. j. Other (Specify on additional sheets) TOTAL HOURS = X $55 PER HOUR 20. a. Interviews and conferences L (Z /U Multiply rate per hour times total b. Obtaining and reviewing records hours. Enter total "Out of Court" com ensation b l O c. Legal research and brief writing p e ow. O' 00 d. Investigative and other work (Specify on additional sheets) 200. TOTAL OUT OF COURT COMP. TOTAL HOURS X $45 PER HOUR j ` 3 $ 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Milage $.48 per mile x w ~O 210. TOTAL ITEMIZED EXP. a $ 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or reimburse t for work In this case previously been applied for? ? YES IS NO ? s $ Z / J If yes, were you paid? ? YES f If yes by whom were you all?? How m ch? , p u Has the person represented paid any money to you, or to our knowle Y Y dg nyone else, In connection with the matter for 24.DEDUCT. PQIOR PYMTS. which you were appointed to provide repre tlon? ? Y S CrN If give details on a tonal sheets V $ _ 1 swear or affirm the truth or correctness +P IC. N \ ?? i of the above statements Si f 01 25: NET AMOUNT CLAIMED ! gnature o a Date .0 ?/ : $ /7]..?? 26 nf1Pnuvt o Full Signature of 27. AMT. APPROVED nAV MENt Judge ? 0Date: 3/Q a $ d/'1 Copy 1 - Mail to Court Administrator at completion of service LAW OFFICE OF JACQUELINE M. VERNEY 44 SOUTH HANOVER STREET Carlisle, PA 17013 Invoice submitted to: Cumberland County Court Admin 1 Courthouse Square Carlisle PA 17013 In Reference To:court appointed GAL - Custody Invoice #18858 Professional services 5/12/10 offman v. Hoffman: my client, child, Ian Hoffman: calls from/to Lewis, Esq For professional services rendered Previous balance 5/26/10 Payment - thank you Balance due Pre /Rate mmniint 0.20 9.00 45.00/hr 0.20 $9.00 $72.00 ($72.00) $9.00 ?y7P THE Pr, 1iTr?r??` 71+*.R 2010 JUG! -9 Ali {0: 07 NTY CUB - ?, :7U! I ?rs?. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mytu Hoffman RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant JON 0 7 ?0' j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1725 CIVIL TERM ORDER AND NOW, this 'F t? day of d , 2010, upon consideration of the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Motion to Make Rule Absolute filed by Keith O. Brenneman, attorney for Defendant, and there being no response to this Court's Order of May 19, 2010, it is hereby ORDERED that Keith O. Brenneman, Esquire is granted leave to withdraw as attorney for Defendant Mytu T. Hoffman in this action. rny41A /404',014., pyc PI 201ai3J 1,! A 14 All 1?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant No. 08-1725 PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Keith O. Brenneman, Esquire as attorney for Defendants Mytu Hoffman in the above-captioned action in accordance with the Court's Order of June 8, 2010. SNELBAKER & BRENNEMAN, P.C. By: N 81/-\, Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg PA 17055 Attorney ID 447077 (717)697-8528 Date: June 14, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, I caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Mytu Hoffman Ira H. Weinstock, Esquire 124 West Portland Street No. 31 Suite 100 Mechanicsburg PA 17055 800 N. Second Street Kenneth Lewis, Esquire Harrisburg, PA 17102 1101 N. Front Street Harrisburg, PA 17102 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Date: June 14, 2010 LAW OFFICES SNELSAKER & BRENNEMAN. P.C. AUTHORITY TO PAY COURT APPOINTED COUNSEL ` Z d 2010 COURT a 2. VOUCHER . ? District Justice ?ommon Pleas ? Appellate ? Other N? 3. FOR (D.J., C.P., APPELLATE) 4. AT (C??T; TE( 1 CO DE 5. BUDGET 5 -1 S 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) Ia. ? PETTY OFFENSE 14G F P " 4Al vs 4o f- IF MAA/ C U S 7-0 b ? FELONY ? MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. f? C?C?S -?'Ron. -r0 GoV-^?5?? 1 ? Defendant - Adult 2 ? Defendant-Juvenile O 4 / O 1;4 IK- 3 ? Appellant 4 ? Appellee 13. CRIMINAL DOCKET NO. 5 ? Habeas Petitioner 6 ? Material Witness 10. PERSON REPRESENTED (Full Name) 7 O Parolee Charged With Violation 6 ? P ationer Charged With Violation 14. APPEALS DOCKET NO. W - 9 Other AL 16. NAME OF ATTORNEY/PAYEE AND 1.4'M ?+'?"' Aopt Date MAILIA- --00 Esquire Jacqueline M. Verney , (1, U I W 44 South Hanover Street NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, Pa. 17013 1 17. TELEPHONE No. 1 a. SOCIAL SECURITY NO OR EIN NO -717 -a-y3- 9/96 197-y2-996 3 CLAIM FOR SERVICES OR EXPENSES 1 g, SERVICE HOURS DATES OUNW CLAIMED a. Arraignment and/or Pies Multi rate hour *es total h b. Preliminary Hearing n. Ef tots[ ow. c Motions and Requests ( r Q d. Bail Hearings Q ' ?^ CO O e. Sentence Hearings .. .. U I. Trial g. Revocation Hearings 3' r1 C tV C h. Juvenile Hearings _ - `&, I. Appeals Court 190. TA CO COMP. I. Other (Specify on additional sheets) TOTAL HOURS a X $55 PER HOUR $ .? 20. a. Interviews and conferences / Z /4) Multiply rate per hour times total f C l "O " E 0. Obtaining and reviewing records hours. nter tota ut o ourt compensation below. O M M c. Legal research and brief writing H Q v d. Investigative and other work (Specify on additional sheets) 200. TOTAL OUT OF COURT COMP. TOTA HO RS PER HOUR X $ q L U 5 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Mils $.48 per mile x M W = 210. TOTAL ITEMIZED EXP. O 22. CERTIFICATION OF ATTORNEY/PAYEE ' / li d f ? 23. GRAND TOTAL CLAIMED 't./ or e ? YES Q NO Has compensation and/or reimburseM for work In this case previously been app = $ "9 If yes, were you paid? ? YES f7 NO If yes, by whom were you paid? How much? in connection with the matter for our knowletig rryone else aid an or to r n re resented mone to ou th H 24. DEDUCT. PRIOR PYMTS. , y p y , y p y as e pe so which you were appointed to provide repr tion? ? Y AS t If plus details on additional sheets $ = I swear or affirm the truth or correctness 25: NET UNf CLI?IMED It the above statements Signature of a Date = $ mot/ v/ 26,Ar•PROVEU c Signature OI 27. AMT. A PROVED 1 , /Oats- 3 Q PAYMENT Judge do", -%4 = $ • 17490 Copy 1 - Mail to Court Administrator at completion of service a LAW OFFICE OF JACQUELINE M. VERNEY 44 SOUTH HANOVER STREET Carlisle, PA 17013 Invoice submitted to: Cumberland County Court Admin 1 Courthouse Square Carlisle PA 17013 In Reference To:court appointed GAL - Custody Invoice #18858 Professional services 5/12/10 offman v. Hoffman: my client, child, Ian Hoffman: calls from/to Lewis, Esq For professional services rendered Previous balance 5/26/10 Payment - thank you Balance due Tjrc /RMt-c Amnrnmt- 0.20 9.00 45.00/hr 0.20 $9.00 $72.00 ($72.00) $9.00 ' #, r f RYAN M. HOFFMAN, Plaintiff vs. MYTU T. HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ -, NO. 08-1725 Civil Term --± ,__ N :CIVIL ACTION -LAW IN CUSTODY ~,.; ~ __ ~. ORDER OF COURT AND NOW, this 6 ~ day of 2010, we enter the following temporary custody order: 1. The parties shall have joint legal custody of their child Ian Hoffman 2. Mother shall have primary physical custody of the Child. 3. Father shall have the following periods of visitation with the Child: A. One overnight per week on either Wednesday or Thursday. In the weeks he does not have weekend visitation, the overnight shall be from 12:00 p.m. on Thursday until 12:00 p.m. on Friday (On the Friday of Mother's weekend, Father shall return the child to daycaze at 12:00 p.m. and shall not be permitted to remove the child during this time). In the weeks where he does have weekend visitation, the weekly visitation shall be from 12:00 p.m. on Wednesday unti14:00 p.m. on Thursday. B. Every other weekend from Friday after daycare until 3:00 p.m. on Sunday. 4. The Child shall remain with the same daycare provider unless otherwise agreed by the parties. 5. Father is to have no contact with mother other than through a-mail or text message and that should only concern the welfare of their child. Mother is to have no contact with Father other than through a-mail or text message and that should only concern the welfaze of their child. ~ ~ 6. Father shall be allowed to take the child from daycare on days when he is available, no earlier than 12:00 p.m. and shall return the child to daycaze no later than 4:00 P.M. Father being allowed to take the child from daycare is with the understanding that he is going to be spending time with the child. Father shall not take the child from daycaze only to place the child with a babysitter and/or another family member. 7. The parties shall alternate the following holidays; Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. Father shall have custody of the child on Memorial Day 2010 and Mother shall have custody on the .Fourth of July 2010. The parties shall rotate thereafter. The times for the holidays aze 9:00 a.m. to 7:00 p.m. The custody evaluation in this case is expected to be completed by Christmas 2010, however it is anticipated that the parties will shaze custody for the Christmas holiday. Father shall be permitted to keep the Child on the Sunday prior to his Labor Day period of physical custody. 8. Mother shall have custody of tl~e child on Mother's day from 9:00 a.m. to 7:00 p.m. Father shall have custody of the child on Father's day from 9:00 a.m. to 7:00 p.m. 9. The majority of the custody exchanges shall take place at daycare. Pending the completion of the Custody Evaluation in this matter, all other exchanges (i.e. holidays, Sundays and days when the daycare is closed) shall take place in the parking lot of Boscov's in Camp Hill, Pennsylvania. Father has agreed that pending the completion of the Custody Evaluation, Father shall have a family member do the exchanges at the Boscov's on his behalf. While Mother can have another party do the exchanges on her behalf, Mother is able to do these custody exchanges if she is available. If there is an occasion where Father does not have a family member available and it is necessary for Father to do an exchange, Father shall notify Mother at least twenty-four hours in advance or immediately upon learning of such need by text message and by email. There shall be no discussions regarding custody or any other matter at the time of any custody exchange. ~ . 10. The parties shall go through a Custody Evaluation with Deb Salem of Interworks. If not already done so by the filing of this Order of Court, the Custody Evaluation shall be set up immediately. Neither party shall delay the Custody Evaluation and shall schedule appointments in a timely manner. Father shall bare the full burden of the cost of the Custody Evaluation. Following the completion of the Custody Evaluation, Father may file a petition for the Court to consider allocating some of the costs of the Custody Evaluation to Mother. 1 1. Father shall have the Child for purposes of a Disney World vacation scheduled from August 13, 2010 through August 23, 2010 at $:00 a.m. (exchange to be at the Boscov's in Camp Hill). Mother shall have the Child immediately following the Child's trip to Disney World for purposes of a vacation to Massachusetts scheduled from August 23, 2010 at 8:00 a.m. (exchange to be at the Boscov's in Camp Hill) through August 31, 2010. Mother will then have three (3) days of vacation that she can use in 2010. Mother shall give two (2) weeks written notice of her three days of vacation. Mother's regularly scheduled weekends will not count towazds her vacation days. THE COURT, / Kenneth Lewis, Es uire q For the Plaintiff ~omas Clazk, Esquire For the Defendant By: Edwazd E. Guido, J. ~queline Verney, Esquire a~,~.~,~ ~''1 RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV ANIA .w V. - Y1 NO. 08-1725 u1 c) , MYTU T. HOFFMAN, CIVIL ACTION -LAW y ? -?, Defendant IN CUSTODY zc? zc X ? -: c7 °r PETITION TO MODIFY CUSTODY AND NOW, this 221h day of July 2011, comes the Plaintiff/Petitioner, Ryan M. Hoffinan, by and through his undersigned attorneys, The McShane, LLC, and Timothy M. Barrouk, Esquire, and avers in support of her Petition to Modify Custody as follows: 1. The Petition of Ryan Hoffman respectfully represents that on August 9, 2010, a Temporary Order of Court was entered awarding the Parties joint legal custody. Mother, was awarded primary physical custody. Father was awarded visitation every other weekend and one overnight per week. Additionally, Father is permitted to take the child from daycare when he is available between 12:00 p.m. and 4:00 p.m. 2. This Order should be modified because Father has substantially complied with the recommendations of the custody evaluation from Deb Salem. More specifically, Father has not taken the Child to any medical appointments without the mothers consent. 3. It is believed and therefore averred that Father is currently able to provide the child with a more stable environment than mother. 4. Mother has been reluctant and/or unwilling to discuss special circumstances warranting deviations from the custody agreement with Father. 5. It is believed and therefore averred that the child would benefit from play therapy. 6. It is believed and therefore averred that the Parties would benefit by having a parenting coordinator assigned to their case. V .f s70 Pb d a f ckff )US-7 ?'a Lpaato WHEREFORE, Defendant, Ryan M. Hoffman, respectfully requests that This Honorable Court grant him increased periods of visitation, assign a parenting coordinator, and require a consultation with a play therapist. Respectfully Submitted, THE MCSHANE, LLC Date: -7' 2-2-- /1 BY Timothy M. Barrouk, Esquire Attorney for Plaintiff/Petitioner Supreme Court ID# 204537 4807 Jonestown Road Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 VERIFICATION I, Ryan M. Hoffman, verify that the statements made in this Petition to Modify Custody are true and correct to the best of my knowledge information and belief and that I am authorized to make this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. / /I i /an i I Date L Ryan I?yffrnan7 RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1725 MYTU T. HOFFMAN, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Timothy M. Barrouk, Esquire of The McShane Firm, LLC, Attorney for the Defendant, Ryan M. Hoffman, do hereby certify that I served a true and correct copy of the attached Petition to Modify Custody, by United States Mail, First Class, postage prepaid and by certified mail, restricted delivery upon the party listed below: 7-2z-11 Date: Thomas Clark, Esquire 130 West Church Street #100 Dillsburg, PA 17019 Respectfully Submitted, THE MCSHANE, LLC By: IT '6Timothy M. Barrouk, Esquire Attorney for Plaintiff/Petitioner Supreme Court ID# 204537 4807 Jonestown Road Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 RYAN M. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1725 CIVIL ACTION LAW -.J J MYTU T. HOFFMAN u' IN CUSTODY C DEFENDANT =CD ORDER OF COURT= AND NOW, Friday, July 29, 2011 upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 06, 2011 at 9:00 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. 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/ John . Man an It, Esq.jjf\ 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 to Ai? 8g/?k Telephone (717) 249-3166 T ma?l?d db #7t N(Y /4- en'; I y ? RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant Prior Judge: Edward Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL_VANIA C» No. 08-1725 CIVIL ACTION LiK -°? IN CUSTODY' acs -? ?, :. 5 ORDER OF COURT AND NOW this _ day of November 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Ryan M. Hoffman, and the Mother, Mytu T. Hoffman, shall have shared legal custody of Ian Hoffinan, born 05/31/2007. With regard to Ian's healthcare, the Mother will have primary legal custody of Ian, meaning that she shall be responsible for selecting Ian's pediatrician, selecting any specialists recommended for Ian, notifying Father of all appointments scheduled in time for Father to give input to the pediatrician, and providing written information to Father about the outcome of all medical appointments for Ian. As such, Father will not be permitted to initiate, schedule, or provide unilateral reasons for Ian's medical care. In all other respects, the parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a.. In week one, Father shall have physical custody of Ian from Wednesday 4 pm until Thursday 8:30 am and from Friday 4 pm until Monday 12 pm. b. In week two, Father shall have physical custody of Ian from Wednesday 4 pm until Thursday 8:30 am. C. All exchanges shall occur at day care/school when day care/school is available or in session. The times for the pick-ups and drop offs shall be adjusted accordingly when school begins for Ian so that he gets to school and is picked up on time for school. Until school starts, the Monday noon exchange shall occur at the Giant Store. d. If there is no day care or school, the exchanges shall occur at the Giant Store at the designated times. e. If either parent is more than twenty minutes late for the custody exchange, the tardy parent shall go to the other parent's residence to exchange custody. If the 0 3 custodial parent is more than one hour late for the exchange, the non-custodial parent shall have equivalent make up time with Ian. f. Mother and Father shall have physical custody of the Child at such other times as the parties may mutually agree. Phvsical Custodv Schedule (M=mom D=dad) Monday Tuesday Wednesda Thursday Friday Saturday Sunday M M M D D M M D D D D M M M D D M M M M 3. Parenting Coordinator: Within ten days of today's date, the parties have agreed to, and shall, select a parenting coordinator and abide by the recommendations. 4. The appointment of Jacqueline Verney, Esq. is hereby VACATED as Ian's Guardian Ad Litem. 5. Counseling: Father shall continue to engage in his mental health treatment as recommended. The parents shall contact within ten days a qualified licensed play therapist for a consultation to see whether said therapy would be helpful to Ian. The custody evaluator, Deborah Salem, shall advise and have input about the reason for the consultation. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Other than limited custody exchanges, Mother and Father shall have no contact with each other, other than through email or text messages and said communication should only concern the welfare of their Child. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. These exchanges shall occur in a neutral location (ex. Giant Store parking lot) absent agreement otherwise at the designated times. 9. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. This Order is entered pursuant to a Custody 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. Distribution: ? Tim Barrouck, Esquire Thomas Clark, Esquire ? John J. Mangan, Esquire a? (ed ?I lr ODPI ?1 ?f1 ao ourt, J. TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1 St Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 pm until 9 pm Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1st From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant Prior Judge: Edward Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1725 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191.5.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ian Hoffinan 05/31/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 6, 2008, an Order was issued May 9, 2008, a conference was held July 28, 2008 regarding Mother's petition for contempt and modification, an Order issued August 05, 2008, an Order issued April 09, 2010 and a conciliation conference was held October 07, 2011 with the following individuals in attendance: The Mother, Mytu Hoffinan, with her counsel, Thomas Clark, Esq. The Father, Ryan Hoffman, with his counsel, Tim Barrouck, Esq. 3. Father filed a Petition to modify and a conciliation conference was held 10/07/11. At the conclusion of the conference, the parties thought they had come to an agreement. Counsel for Mother indicated to the undersigned that certain specific agreed upon language was requested and that counsel for Mother would email said language to the undersigned and to hold off issuing the recommended Order until said language was received. In the days subsequent to the conference, father apparently informed his counsel that he was not satisfied with the outcome of the conference and wanted to go back to the terms of the Order dated 04/09/10. Father indicated that he apparently misunderstood what he had agreed to and that did not want exercise custody under the terms allegedly "agreed" to at the conference 10/07/11. Regardless, the undersigned recommends the entry of an Order in the form as attached and believes the proposed Order would be in Ian's best interest. Jz? D ate John . M gan, Esquire Cust dy onciliator RYAN M. HOFFMAN, * IN THE COURT OF COMMON PLEAS OF Plaintiff * CUMBERLAND COUNTY, PENNSYLVA1vIA ~ c V. * NO. 08-1725 ~ * m * CIVIL ACTION - LAW zm cD r'r= -am MYTU T. HOFTMAN, Defendant * IN CUSTODY ~D o ;00 p c.~' 3 o'~y o~ DEFENDANT'S PETITION FOR CIVIL CONTEMPT ~`z r~n FOR VIOLATION OF CUSTODY ORDER AND NOW COMES, Mytu T. Hoffman, by and through her attorney, Thomas M. Clark, Esquire, of Colgan & Associates, LLC, and files the instant Petition for Contempt for Violation of Custody Order, and in support thereof, avers as follows: 1. The Petitioner/Defendant is Mytu T. Hoffinan (hereinafter referred to as "Mother"), who currently resides at 3210 Pennvvood Road, Hazrisburg, Dauphin County, Pennsylvania 17110. 2. The RespondentJPlaintiff is Ryan M. Hoffinan (hereinafter referred to as "Father"), who currently resides at 1117 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the pazents of the following child: Ian Hoffman; born in 2007, age four (4). 4. On November 1, 2011, This Honorable Court issued an Order (Attached hereto as Exhibit "A') providing that the parties have shared legal custody and shared physical custody of I the minor child. ; i 5. Father continuously fosters hostility with Mother each time he must turn the child over. 4'70. Oo P O Cy 4995 ~ i 6. Further, Father is willfully failing to abide by the Order dated November 1, 2011, by keeping the child during Mother's periods of custody. 7. Specifically, on September 18, 2011, Father failed to turn over the child per the agreement of the parties. On this date, Mother agreed to a later exchange time to accommodate Father. The exchange time was memorialized in an email. Father returned the child approximately three hours after the scheduled time (Email correspondence regarding this incident is attached hereto as Exhibit "B"). 8. On October 31, 2011, Father failed to turn over the child per the Custody Order and made it clear, that despite the current Custody Order, he would exchange custody of the child because he wanted to take the child trick-or-treating (Email correspondence regarding this incident is attached hereto as Exhibit "C"). 9. Additionally, on November 3, 2011, Father turned the child over on or around 1:00 p.m., in violation of the Custody Order which mandates that the custody exchange occur at 8:30 a.m. (Email correspondence regarding this incident is attached hereto as Exhibit "D"). 10. The parties utilize a neutral exchange location. On numerous occasions, Father has been extremely late for said exchanges. 11. Father's history of not showing up on time for the exchange is a willful violation of the Custody Order. 12. Mother believes and therefore avers that Father should be held in contempt for his willful violation of the Custody Order. WHEREFORE, Plaintiff respectfully requests This Honorable Court hold Father in contempt of court and order as follows: 1. Father to be adjudicated in contempt of Court; II. Father pay costs and Mother's actual fees; III. Father to provide makeup time to Mother; and, IV. Such other further relief be granted as this Honorable Court deems just and proper. Respectfull submitted, By: Thomas M. Clark ID #85211 130 West Church Street Dillsburg, PA 17019 Date: !l- -/i (717) 502-5000 . F . ~ ~ RYAtv M. HoFFv.tAN, . nv THE covRT aF coMMort Pr.EAs oF Plaintiff . CUMBERT.AND C4UN'Z"Y, PENNSXLV,ANJ.A i v. . No. 09-1725 CNM ACTION LAW MYT[J T. HQFFMAN, . IlN CUSTODY Defeadant . S'rior Judge: Cdward Gwido, 1. ORDER OT COURT AND NOW thisda.y of Novembex 2011, upon considtration of the attsched Custody Conciliati.on kteport, it is Ordered and Directed as follows: 1. LeQa1 Cus~dv: The Father, Ryan M. Hoffinan, and the Motheqr, Mytu T. Hoffman, shall have sharod legal custody of Ian Koffinan, bom 05/31/2007. With regard to Ian's healthcm, the Mother wall hava primary le;gal custody of Ian, meaning that she shall be rcsponsible for selecting Ian's pediatrician, selecting any specialists recammended for Ian, notif'ying Fa~ther of aU appointments schedultd in time far Father to give input to the pediatrician., and providing writtein infonmation to Father abcyut the outcome of all medical appaintments for Ian. A.s such, . Father wilI not be permitted tn initiate, schcdule, ar provide woalatexai xemns for Ian's rnedical i, care. In a1I other respacts, the parties shall have anequal right ta make all rnajor non- I emergcncy dccisions affacting the Child's geneml well-being including, but not limital to, all dWsions xogardiuag his educatitrn and religion. Pursuant to the tarms of 23 PaC.S. §5309, each parent shall be entided to a11 recor3s and imfomatxon peztaining ta the G''hfld includfng, but nat Umited to, medical, dental, religious or schaal records; the residence addzess of the Child and of the other parexit. To the extent one parent has possession of any such records or information, that paraat shall be roquired to sharre the same, or copics thcmt with the othar parmt within such reasonable tune as to make the recoxds and Worniation of reasonable usE to the other parent. 2. Phxsical_ Custadv: Mother sha,ll have primary physical custody of the Child subjeet to Fathcr's . pbysical custody as f'ollows: a. In week ane, Fathcr shall have physicat eustody a£ Tan from Wednesday 4 pm wn,ti.t Thwrsday 8:30 an and from Friday 4 pm watil Monday 12 pm. b. In week two, Fathec shall Iaave plxysical ceistody of Ian from Wednesday 4 pm until Thwrsday 830 am. c. All exahanges shall occur at day aareJscbool wheo day carelschool is available ar in session. The timcs foc the pickups and drop offs sha1Y be adjustcd acoordingly wlaen schoal begins for Ian so that he gots to school axad zs pi.ckexi up on time far school. Until school starts, the Monday noon exchange sball oc:cur at the Giant Store. d, :if there is no day care or school, the axehaugcs shall occur at the Cxiattt Store at the designated times. C. If either parent is moro fihan twanty nniziutes lata for t6Lo custody cxchange, Yb,e ' tardy parent sha1l go to the other parent's residcnce to exchange cu.atody. If the custodiat parent is more than one huur latv for the oxchange, the nan-custodial parent shall have equivalcnt make up time with Zan. f. Mother and Father shall have physical custody af the Child at such oth,er tirnes . as the pardes may mucWly agcee. Ph 'cat ~stod Schedule M~mom? A=dac1 Monda Taesda Wednesda Thursda ~rida Sa~tw~da Sru~da ~ M iVI A D M M D D D D M M M D D M IM im M 3, Parenting Coordinator: WithiA ten days of today's date, the parties have agrecd to, and shall, seloct a parenting coordinator and abide by the recommendativms. 4, 'X'lae agpoaftnent af Jacqueline V'erney, Esq. is hereby VACATED as Ian's Guardian Ad Litem. 5. Counseling: Fathex shatl continue to sngage zn his mental hcalth breahnent as recornmennded. The parants shall eontact within ten days a qualified licensad play therapist for a consultadrnn to see whefhe7r said therapy would he helpful to Ian. The custody evaluator, Deborah Salem, sha1l advise and have iuaput about the reason for the consultation. 6. Tho non-custodial parent shall have libaal telephone contact with the Child an a reasonablc basis. 7. Othor than limxted custody exchangas, Mother and Pather shaEl have no contact with eatsh othcr, othar than tbrough email ox taxt messages and said communicatian should only concana the welfare of thcir Child. 8. Halidays: The parmts sbali arrange the holiday schedule as attached unloss othcrwise tnuEually II ' agreed upwn. These exchangcs shaU occur in a neutral location (ex. Giant Storc parlcing lot) abscnt agreemen.t othe~wwise at the dosigrxated times. 9. Eaeh pare,nt shall have two noan-consecutsve weeks o£vacation with the Child per yeaz. The reqnesting parcnt shall give the ather parent 30 days advanece noticc of the xequested time and this vacation week shall supersedc the r.agular physical custody schodule. Iti the evcnt the parties sehedule conflicting vacatiams, the party first providing writtcn nntiee s1aalI have the choica of vacation. Prior to dcpartvre, the pattits wi11 provide each otlier with informadon ragarding the intendod vacation destination atad a telep]ione numbor a# wbieh they can be reacbed during their vacation. T'he partles may expand t1hi.s vacation time by mutual agreement. 10. In the cwmt the austodiai parent should take the Child out of state, the eustodial parent shall notify the mon-cust4diat parent withiuc? twemty-four hours of deputure of the intended destination and a teIephone nunnber at which they can be reached. ' 11. Neither party may say or da anyttZing nar permit a third party ta do or say anything that may estrsnge filte Child from the other party, ar in,jure the opi.nion of the Child as to the other paxty, or may hamper the free and natural dcvelopment of the Child's iove ox affectian for the othcr party. To the extent possible, both parties shall not allow third parkies to disparage thc othcr parent in the presertce of the Child. ~ ' I 12. In the event af a medical energaicy, the custodial party shall notify the otha pazty as soon as possible aRer the anerp,ency is handled. 13. Duuning any periads of custody or visitation, the pazties ehall not posms or use illogal ; substanaes or conswndbe undar tb.e in.flumce of alcoholac bes+ecagea to the point Qf intoxicstion. 'T`he parties shall likewise assure, ta the exte,at posm'ble, that otlter household . mcmbers and/or house guests comply with this pcovxsion. 14. Thzs Oxder is eatared pnrsuant to a Custody Conciliation Con£eceace. The parties may modifjr . the pmvisions of tbis Ontex by mutuai consent In the absen.ce of mutual cansent, the terma of this Order shall cantrvl. . B oaxt, 3. Taistribution: Tim Banouck, F.squiuce Thomas C1ark, F,,squirc . Jo1tn J. Msnpo, Esquira I I TIMS EV'EN ODD HOLXAAXS AND XEAR3 YEA,RS ' SPZCIAL DAY3 Easter Da 1 Haif Fram 9 am until3 Father Motber Eaaw Aa 2 Half Fram 3 until9 Mother Father . Mep?vral D From 9 am until 9 mothe,r Father ludepeadmq D Ftam 9 am wadt 9 m Father Mother Labor Da Frnm 9 am untfl 9 Mother Fatiacr gaIlowan Fxom oxie hour before trick ar Father Mother hcating to one hour after txick or tred Theaksgiving 1"A Fmm 8 am Thaaksgivimg Aayto 2 Father Mother . HaIf m on Thanks `vin Da : givg 2 From 2 pm on? Tk~anksgiving Day to Mc~thex Father IfirX*sin haif naon tha da afterThmaks 'vin Da Chr[gtmas 1 Iiatf From noon on 12/24 to noan an Father motlser 12125 Clir.istruas 2 Hatf Froxn, mvvn an 12/25 to nooxx on Mothar Father 12f26 'Ncw Year's Frx+m 6 pm 12/31 until noon January Mbther Father 1" (with the 12/31 ye,ar to contrrol the ~ evtnlodd deteminarivn - ` Mther's Da From 9 am unti19 pm Mother lv~otha~ JW:: e z's 's Aa From 9 am unti19 rn Fnther Father Thomas Ciark From: Thomas Clark Sent: Friday, September 16, 2011 4:21 PM To: 'Tim M. Barrouk' Subject: RE: Hoffman' Ti m, I tried you by phone earlier today (around noon) - but did not reach you. Mytu is willing to do an exchange at 6:00 p.m. on Sunday. Mytu was going to text Mr. Hoffman the same. On a side note - Mytu did not tell Mr. Hoffman that it was fine earlier in the week? I am not sure where that is coming from. Have a good weekend. Tom Clark Tom Clark COLGAN 8s ASSOCIATES, LLC The materiat contalned in thia message is privileged and con8dential. If you are not the intended recipient, please notify our office immediately by return email or by calling the above Usted number. From: Tim M. Barrouk jmailto•tmbarrouk themcshanefirm coml Sent: Friday, September 16, 2011 10:18 AM To: Thomas Gark I Subject: HofFinan' ~ Tom, Ryan informed me that he had requested to take lan to New York this weekend for the 911 memorial. She had told him that this was fine earlier in the week but know she want respond to his messages. He wants to do the exchange Sunday at 8:00. I would appreciate it if you could confirm this with Mytu. Thanks!! Sincerely, T`uyxyth M. Bar'rou ~ - ulre Seniar Li A~ate The MicShane Firrn,L.C 4837 .lone~tow+n Rd. Sui'!e 148 HwrisWg, PA,t"~14~ T:717>657.3900 ~ Ft717.657.2060 • 1,8~~ haneftmxorn • PAD~,~ i i , 4f ~ You can follow me on Facebook. Linkedin and the PADUIBIo com This email contains PRIVILEGED and CONFIDENTIAL INFORMATION intended only for the use of the recipient named above. The information may be protected by state and federal laws, including, without limitation, the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which prohibit unauthorized disclosure. If you are not the intended recipient, you are hereby notifled that any use or dissemination of this information is strictly prahibited. If you have received this email in error, please immediately notify the sender by reply email at the address provided above and delete this message. Thank you. Z I I I I I i EXHIBIT C Thomas Clark From: Thomas Clark Sent: Monday, October 31, 2011 1:09 PM To: 'tmbarrouk@themcshaneflrm.com' Subject: Re: Hoffman v. Hoffman Tim, I wanted to follow-up to our conversation from over the lunch hour. As I stated during our conversation, Mytu is gin agreement with Ryan keeping lan this evening. Mytu communicated this to Ryan directly. Ryan kept lan over the weekend and in through Monday morning - consistent with the new Order. There is nothing in the Order that gives Ryan the right to keep lan. I will file a Petition for Contempt if an exchange is not done in the near future. In the Petition - I will include several other recent issues that where we believe Ryan violated the Order. I look forward to hearing back from you at your earliest convenience. Tom Clark Thomas M. Clark COLGAN 8s A830CIATES, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 ph. 717-502-5000 fx. 717-502-5050 tf. 800-615-0115 The maberfal coirtalned In thfs message Is prlvileged and confldentlal. If you sre not the inbnded reclplent, please notHy our oiflca Imrtedlataly by return ematl or by ca111ng the abova Iistsd number. ~ il I ~ i ; 1 Thomas Ciark From: Thomas Clark Sent: Thursday, November 03, 2011 8:54 AM To: 'tmbarrouk@themcshanefirm.com' Subject: Re: Hoffman Tim, Ms. Hoffman is waiting at Giant to do the 8:30 exchange. Mr. Hoffman is telling her that he is not doing the exchange. The is ridiculous - Mr. Hoffman knows what the Order is. I am drafting a Petition for Contempt and may ask for Emergency relief. Ms. Hoffman cannot continue to have issues at the time of every exchange. Tom Clark Thomas M. Clark COLGAN 86 A880CIATES, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 ph. 717-502-5000 fx. 717-502-5050 tf. 800-615-0115 The matArial contained in this message is privileged and confldential. IT you are not the intended reciptent, please noWy our office tmmedlately by return email or by caliing the abov0 Nstad number. ~ i 1 ~ i Thomas Clark From: Thomas Clark Sent: Thursday, November 03, 2011 9:03 AM To: 'tmbarrouk@themcshanefirm.com' Subject: Re: Hoffman Tim, I just got off the phone with your Paralegal - she said was going to call Ryan when we hung up. I am telling Mytu to leave the Giant since she has been there for over 40 minutes - she wiii be waiting at the home for Ryan to drop lan off per the Order. Tom Clark Thomas M. Clark COLGAN 86 A880CIATES, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 ph. 717-502-5000 fx. 717-502-5050 tf. 800-615-0115 The material containad in this measage is privileged and confldeMisl. If you are eot the intended recipient, please notNy our oiflce tmmedtatey by return email or by caliing the above Iistad numbar. ~ I 1 RYAN M. HOFFMAN, * IN THE COURT OF COMMON PLEAS OF Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * V. * NO. 08-1725 * MYTU T. HOFVMAN, * CIVIL ACTION - LAW Defendant * IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of the instant Motion upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Timothy M. Barrouk, Esquire 4807 Jonestown Road, S' 148 Harrisburg, PA 109 COLG ~ OCIATES, LLC 'I ~By: I Thomas M. Clark, Esquire ' ID # 85211 130 West Church Street ' Dillsburg, PA 17019 (717) 502-5000 Dated: q-' 1 VERIFICATION I, Mytu Hoffinan, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief, and that false sta.tements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: ~ \ MY H FMAN, De t, ~ i , I R`?,?N NI HOFFMAN IN THE COURT OF COi\7MON ;'LEAS (V 1'1.:y1YTlFF CUMBERLAND COUNTY, PEN'NISYLV'ANI A ' 2008-1725 CIti IL ACTION LAW _ crt y r. - MYTU T HOFFMAN ? IN CUSTODY - DI411 ND \N I ORDER OF COURT \ND N(\\ , Thursday, November 17, 2011 upon consideration ol'the atmchccl Complaint, it is he,rcbv directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle Oil Thursday, December 22, 2011 at 9:00 AM 1'or a Prey-Hearing Custody Conference. At such conference, an effort will be made to resolve th(: issues in dispute; or cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter rto a temporary cu-dcr I uilur, to ap?ear dl the conference may provide grounds fOr entrv ol'a temporar-..)r permanent, order. Flic court hereb, directs the parties to furnish and and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.. FOR TIIE COURT. B.y: /s/_: j hn? j. Mandan Custody Conciliator N hl?c Court of Common Pleas of Cumberland County is required by law to comps ith the Americans v, ?th Di"'abllitcs Act of 1990. For information about accessible tacifittes and reasonahle accommodations ??ailahlc to dis,,?hled indiv iduals havint) business before the court, please contact our oftice .ah Arrangements ?n?st he rnacie At lea ',t ?_ hours prior to any hearing or business before the Court. You mu?-t aitc?nd the scheduled ? 1.,nferenc< or he<u int. YOU! SHOULD "FAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU 1")0 NOT if \\ L AN A-l"I ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF--[ ICE SET 1'( )RI I I BEL(A\ TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Strut Carlisle, Pennsy'Ivanla 1?013 Telephone (717) 249-3 166 d,4oal 4o /0? Ccoe-11 d14 r A -L? Ide e 6/ 17-1- i//? it RYA?NT M. HOFFMAN. IN THE COURT OF COMMON PLEAS ca Plaintiff CUMBERLAND COUNTY PENNSYLVANIAc ° , N .? V. Z? _ rn OlTi NO. 08-1725 --{o MYTU T. HOFFMAN, CIVIL ACTION -LAW ?? ~D C:' - Defendant IN CUSTODY =° ° PETITION TO MODIFY CUSTODY AND CONTEMPT OF CUSTODY ORDER AND NOW, this 29 h day of December 2011, comes the Plaintiff/Petitioner, Rvan M. Hoffman, by and through his undersigned attorneys, The McShane, LLC, and Timothy M. Barrouk, Esquire, and avers in support of her Petition to Modify Custody as follows: 1. The Petition of Ryan Hoffman respectfully represents that on November 1, 2011, an Order of Court was entered awarding the Parties joint legal custody. Mother, was awarded primary physical custody. Father was awarded visitation in accordance with the attached order. Please find Exhibit A, a true and correct copy of the November 1, 2011 custody order. 2. This Order should be modified because Father has substantially complied with the recommendations of the custody evaluation from Deb Salem. More specifically, Father has not taken the Child to any medical appointments without the mothers consent. 3. It is believed and therefore averred that Father is currently able to provide the child with a more stable environment than mother. 4. Father avers that he did not in fact agree to the terms contained in the November 1, 2011 Order. 5. Mother has been reluctant and/or unwilling to discuss special circumstances warranting deviations from the custody agreement with Father. MD g3 06(A a a cyan Ea?os 6. Father believes that Mother is in contempt of the November 1, 2011 order for the following reasons. A. Mother has been late to numerous custody exchanges. B. Mother has denied father liberal telephone contact with the child on a reasonable basis in violation of paragraph 6. C. Mother rarely responds to text messages regarding the Child in violation of paragraph 7. 7. Accordingly, father requests that custody be modified to shared physical and legal, with no restrictions on his legal custody, and that Mother be found in contempt and pay reasonable attorney's fees. WHEREFORE, Defendant, Ryan M. Hoffman, respectfully requests that This Honorable Court grant him increased periods of visitation, remove the restriction on his involvement with the Child's medical care and find Mother in contempt of the November 1, 2011 Order. Respectfully Submitted, THE MCSHANE, LLC Date: 'I Z r t y: i - Timothy M. Barrouk, Esquire Attorney for Plaintiff/Petitioner Supreme Court ID# 204537 4807 Jonestown Road Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 EXHIBIT A V2 V RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PMq*v LVANIA i V. No. 08-1725 CIVIL ACTION LAW MYTiJ T. HOFFMAN, Del CUSTODY Defendant Prior Judge: Edward Guido, J. gRm OF COURT AND NOW thin day of Navanber 2011, upon consideration of the arched Custody Conciliation Report, it jr. Ordered and Directed as follows: 1. Legal : The Father, Ryan M. Hofftnan, and the Mother, Mytu T. lioffmei, shall have shared logo custody of Ian Holman, born 05/3112007. Whh tqprd to 1W a ltealthcate, the Mother will have primary legal custody of Ian, meaning that she dud be risible for selecting Ian's pediatrician, aalectMg any spooielists amended for Ian, nafifyittg Foshan of all appointments sehednled in time for Father to give input to the podiattiana, and pnaviding written ration to Fedw about the outcome of all medical appointments for Ina As such, Father will not be permitted to initiate, schedule, or pxvvide unilateral, reasons for Ian's medical care. In all other respects, the parties stall have an equal right to make all m oar non- y decisions affecting the C2dld's general well-being including, bat not limited lo. all decisioas vgBn W his ed o7? and mliglon. Punm ant to the teams of 23 Pa.C.S. §5309, eecb parent shall be antided to all records and information paining to the Child including, butpot limited to, medical, deal, religions or school tecmds, the nsidenoe addr eas of the Child ad of the other parent. To the extent one paraat has possession of any such reads or information, that parent shall be required to share the same, or oapics *a c4 wilh the A w pereot wkhm such reasonable time as to make the records and info udon of reasonable use to rho other lest- 2. Physical todv: Mather shall have primary physical custody of the Child subject to Father's pbyaical custody as follows: a. In week one, Father shall have physcal custody of Ian ft m Wednesday 4 pm vniii Thursday 8:30 am and from Friday 4 pm until Monday 12 pm b. In week two, Father oball have pWcal custody of Ian from Wednesday 4 pm ,until Thursday 8:30 am. C. All exchanges shall occur at day oa Wwhool when clay carelsclmol is available or in session. The times for the pickups and drop ofh aball be adjusted accordingly when school begins for Ian so that he gets to achool and is picked up on time for school. Until school starts, the Monday noon excbange stall ocxur at the Giant stow d. If there is no day can or school, the exchanges shall occur at the Giant Store at the designated times. e- If "or parent is mono than twenty minutes late for tho auatody oxclw ge, the tardy parent sball go to the other parent's residence to eauthange custody. If the custodial parent is more than one hour late for the exchange, the noun-custodial parent shall have equivalent make up time with In. Mother and Father shall have physical custody of the Child at such other times as the parties may mutually agree. Physical Custody Schadule (M-mom D--dsd1 Monde , S Sunda M I M : # D D M M D D D D M m M D M M M M I Parenting Coordinator. Within ten days of today's date, the parties have agreed to, and shall, select a prating coordinator and abide by the recommendations. 4. The appointment of Jacqueline Vemey, Esq. Is hereby VACATED as Ian's Guardian Ad Litem. 5. Counseling: Father shall continue to engage in Iris mental health treatment as recommended. The parasts shall contact within ten days a qualified licened play tbuurapiad for a consultation to see whether said therapy would be helpful to inn. The custody evaluator, Deborah Salem, shall advise and have input about the reason for the consultation. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Other than limited custody exchanges. Mother and Father shall have no contact with each other, other than tht> a& mull or tact messages and said communication should only concern the W&M of their Child. 8. Holidays: The parents shall arrange the holiday schedule as atfa oW unless otherwise mutually agreed upon. Tbese exchanges shall occur in a neutral location (ex. Chant Store paniang lot) absent asreement otherwise at the designated times. 9. Each parent shall have two non-consecutive weeks ofvacadion with the Child per your. The requesting pu=t shall give The other parent 30 days advance notice of the reque" time and this vacation week shall supersede the r%Waar physical custody edbodule. In the event the parties sehedale conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to depatur to the parties will provide each other with iafotmation regtuftg the intended vacation deelination and a telephone number at which they can be rea&ed daring their vacation. The parties may expand this vwation time by mutual agreement. 10. In the went the wxkx fall parent should take the Child out of state, the custodial parent aulnall notify the noon-custodial parent within twenty-four horns of departure of the intended desduafm and a telephone number at which they can be reached. 11. Neither panty may say or do anything nor permit a third party to do or say anything that may estrange the guild ftam the other party, or igiure the opinion of the Child au to The other party, or may hamper the free and natural development of the Child's love or auction far the other pang. To the a dent possable, both parties shall not allow third parties to disparage, the other parent in the presence of the Child. 12. In the avast of a medical emergency, the custodial party shall notify the other party as won as possr'ble after the anergency is handled. 13. During any periods of custody or visitation, the parties shall not POasass or use illegal substw e s or o msume/bo mwlw the influent of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent posst'ble, that other household members and/or house guests comply with this provision. 14. This Oar is entered pursuant to a Custody Cona'liation Cona6emce. The parties may modify the provisions of this Order by mutual consmt. In the absence of mutual consent, the terms of this Order shall control. Distribution: Tim Bwwuotr, 8sgaire Tbomas Clark, Esquire John J. Mangan, Esquire TD= HVRN ODD ROJUMAYS AND YL4w YEARS SPSCULDAYS BaAw Day I 'Half From 9 am wWI 3 Pathe. W&W Basw Day 2 Half From 3 unb'19 modes Fades Marmo?rial Day - Prom 9 am haWl 9 M &w PAW A-Cc D Fi+osn 9 am mod 19 l=ax Mother LAborDay From 9 am until 9 Pra M06er Fattrer Hallowaea From one how before triok or Falher MAW trading to one hour after trick or Thanksgiving 1 From 8 am 71iaahs9vno4$ Dayto 2 Father .Monier Rd£ on Da Tba Wasi ft Z From 2 Pm on Tlmnkaghring Day to Mohr • Father half noon the der after Tbaaks ' Day . Ch risimas 1 Half From noon on 12/24 to noon on Path= Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12126 New Year's Fk 6 pm 12131 unW noon Jaawury Mother Father 1'1 (with the 12/31 year to control *a ever/odd doe minaticn - mothees 9 Mother Matter Fat w"s Da From 9 am uat,7 9 Father Father RYAN M. HOFFMAN, Plaintiff v. MYTU T. HOFFMAN, Defendant INT THE COURT OF COMMON PLEA- S CUMBERLAND COUNTY, PENNSYLN'AN;A NO. 08-1725 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Timothy M. Barrouk, Esquire of The M .-Shane Firm, LLC, Attorney for the Defendant, Ryan M. Hoffman, do hereby certify that I served a true and correct copy of the attached Petition to Modify Custody, by United States Mail, First Class, postage prepaid and by certified mail, restricted delivery upon the party listed below: Thomas Clark, Esquire 130 West Church Street #100 Dillsburg, PA 17019 Respectfully Submitted, THE MCSHANE, LLC ) Z, 2-c) - ! ? Date: By: Timothy M. Barrouk, Esquire Attorney for Plaintiff/Petitioner Supreme Court ID# 204537 4807 Jonestown Road Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 RYAN M. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIV_ ? C7.1 +fi' _103 rri W - ` : = V F- 2008-1725 CIVIL ACTION LAWS ? Z MYTU T. HOFFMAN -C -? Vi DEFENDANT c? IN CUSTODY C) ORDER OF COURT AND NOW, Tuesday, Januar y 17, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 17, 2012 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ John J. Man an,,L, Esq , 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 rncm? Oil '('o Y /aced ?r? ? •Y??n???J ??:° ? //?z A 0 RYAN M. HOFFMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J? V. MYTU T. HOFFMAN, Defendant Prior Judge: Edward Guido, J. No. 08-1725 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Father's Petition for Contempt is hereby held in abeyance pending hearing. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the AMA, day of 14 ? 2012 at ?J am/Wn Courtroom number 3 in the Cumberland County Court of CAlmon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the issue of school district and to determine an appropriate custody schedule. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Ryan M. Hoffman, and the Mother, Mytu T. Hoffinan, shall have shared legal custody of Ian Hoffinan, born 05/31/2007. With regard to Ian's healthcare, the Mother will have primary legal custody of Ian, meaning that she shall be responsible for selecting Ian's pediatrician, selecting any specialists recommended for Ian, notifying Father of all appointments scheduled in time for Father to give input to the pediatrician, and providing written information to Father about the outcome of all medical appointments for Ian. As such, Father will not be permitted to initiate, schedule, or provide unilateral reasons for Ian's medical care. In all other respects, the parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. In week one, Father shall have physical custody of Ian from Wednesday 4 pm until Thursday 8:30 am and from Friday 4 pm until Monday 12 pm. b. In week two, Father shall have physical custody of Ian from Wednesday 4 pm until Thursday 8:30 am. C. All exchanges shall occur at day care/school when day care/school is available or in session. The times for the pick-ups and drop offs shall be adjusted accordingly when school begins for Ian so that he gets to school and is picked up on time for school. Until school starts, the Monday noon exchange shall occur at the Giant Store. d. If there is no day care or school, the exchanges shall occur at the Giant Store at the designated times. e. If either parent is more than twenty minutes late for the custody exchange, the tardy parent shall go to the other parent's residence to exchange custody. If the custodial parent is more than one hour late for the exchange, the non-custodial parent shall have equivalent make up time with Ian. f. Mother and Father shall have physical custody of the Child at such other times as the parties may mutually agree. Physical Custody Schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M M D D M M D D D D M M M D D M M M M 5. Parenting Coordinator: Within ten days of today's date, the parties have agreed to, and shall, select a parenting coordinator and abide by the recommendations. 6. Counseling: Father shall continue to engage in his mental health treatment as recommended. The parents shall contact within ten days a qualified licensed play therapist for a consultation to see whether said therapy would be helpful to Ian. The custody evaluator, Deborah Salem, shall advise and have input about the reason for the consultation. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Other than limited custody exchanges, Mother and Father shall have no contact with each other, other than through email or text messages and said communication should only concern the welfare of their Child. 9. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. These exchanges shall occur in a neutral location (ex. Giant Store parking lot) absent agreement otherwise at the designated times. 10. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 13. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 14. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absencp.afmuttt4l consent, the terms of this Order shall control. B the Co ': fJ Cw G:;D Distribution: ?Tim Barrouk, Esquire CD f? Thomas Clark, Esquire ?k? > C-V m- John J. Mangan, Es uire r Vazohx == r-n HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODI2? 1' YEARS ' .' Easter Da 1" Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1" Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1" Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 S` (with the 12/31 year to control the even/odd determination Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Father Father RYAN M. HOFFMAN, Plaintiff V. MYTU T. HOFFMAN, Defendant Prior Judge: Edward Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1725 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Ian Hoffinan Date of Birth 05/31/2007 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 6, 2008, an Order was issued May 9, 2008, a conference was held July 28, 2008 regarding Mother's petition for contempt and modification, an Order issued August 05, 2008, an Order issued April 09, 2010, a conciliation conference was held October 07, 2011, an Order issued November 01, 2011, a conference in regard to Mother's petition for contempt was held December 22, 2011, an Order issued January 04, 2012 and then Father filed a petition for contempt and a conference was held March 07, 2012 with the following individuals in attendance: The Mother, Mytu Hoffinan, with her counsel, Thomas Clark, Esq. The Father, Ryan Hoffinan, with his counsel, Tim Barrouk, Esq. 3. Mother's position on custody is as follows: The parents feel that a custody trial is necessary to try to put an end to this litigation. Mother feels that a parenting coordinator would be beneficial. Mother is agreeable to having Ian evaluated to see if play therapy is necessary with input from Deb Salem to Beech Street. 4. Father's position on custody is as follows: Father also feels that a true shared custody situation would be beneficial to Ian. Father also does not want any restriction on his legal custody of Ian. Father indicates that he has complied with any and all recommendations or requests made of him. Father also wants Ian enrolled in his school district come the fall. Father does not agree that input from Deb Salem is necessary to begin play therapy. Father is willing to consider engaging a parenting coordinator. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial 'r . memorandum with the Judge to whom the matter has been assigned. Date Jo ngan, Esquire Cu to Conciliator cn c? ti N RYAN M. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1725 CIVIL TERM MYTU T. HOFFMAN, CIVIL ACTION Defendant DIVORCE/CUSTODY ORDER OF COURT AND NOW, this 21st day of May, 2012, after hearing, we enter the following Order: 1. Legal Custody: The Father, Ryan M. Hoffman, and the Mother, Mytu T. Hoffman, shall have shared legal custody of Ian Hoffman, born 05/31/2007. With regard to Ian's healthcare, the Mother will have primary legal custody of Ian, meaning that she shall be responsible for selecting Ian's pediatrician, selecting any specialists recommended for Ian, notifying Father of all appointments scheduled in time for Father to give input to the pediatrician, and providing written information to Father about the outcome of all medical appointments for Ian. As such, Father will not be permitted to initiate, schedule, or provide unilateral reasons for Ian's medical care, except as provided below. In all other respects, the parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such to reasonable time as to make the records and information of reasonable use to the other parent. Provided, however, Father shall have the authority to take Ian for emergency medical care and may schedule pediatric visits up to two times per year. Father shall notify mother immediately of any emergency medical treatment. Father shall notify Mother at least seven days in advance of any pediatrician appointment so that she may make arrangements to attend if she wishes. Mother shall provide copies of Ian's medical insurance cards to Father. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. In week one, Father shall have physical custody of Ian from Wednesday 4:00 p.m. until Thursday 8:30 a.m. and from Friday 4:00 p.m. until Monday 12:00 p.m. b. In week two, Father shall have physical custody of Ian from Wednesday 4:00 p.m. until Thursday 8:30 a.m. c. All exchanges shall occur at daycare/school when daycare/school is available or in session. The times for the pick-ups and drop offs shall be adjusted accordingly when school begins for Ian so that he gets to school and is picked up on time for school. Until school starts, the Monday noon exchange shall occur at the Giant Store. d. If there is no daycare or school, the exchanges shall occur at the Giant Store at the designated times. e. If either parent is more than 20 minutes late for the custody exchange, the tardy parent shall go to the other parent's residence to exchange custody. If the custodial parent is more than one hour late for the exchange, the non-custodial parent shall have equivalent make-up time with Ian. f. Mother and Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The parties shall immediately select a parenting coordinator and shall abide by the recommendations of said coordinator. I am advised that the parties have agreed upon a stipulated order in this regard, and Mother's counsel is directed to forward it to our chambers within 24 hours for review and approval. 4. The Child shall continue in play therapy with Ms. Sniscak until he is successfully discharged. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Unless otherwise agreed,.Father's phone calls shall be between 8:00 p.m. and 8:15 p.m. 6. Other than limited custody exchanges, Mother and Father shall have no contact with each other, other than through e-mail or text messages, and said communication should only concern the welfare of their Child. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. These exchanges shall occur in a neutral location (ex. Giant Store parking lot) absent agreement otherwise at the designated times. 8. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time, and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within 24 hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. Absent an agreement of the parties or subsequent Order of this Court, the Child shall begin school at Good Shepherd. Provided, however, that the Child may attend St. Joseph's School if Father arranges for all transportation. This means that he would pick the Child up at the Child's home to take him to school and return him home immediately after school. Provided, further, that upon 24 hours notice Mother may transport the Child to or pick him up from St. Joseph's School. By the Court, c71 ? ter; 3 *? rnw s ? _Vtn Edward E. Guido, J. A w ::'-'cD r- ? r i/Tim M. Barrouk, Esquire For the Plaintiff X x ca ; . ? Thomas M. Clark, Esquire For the Defendant Sheriff srs 4y, os Wei, t S/ X 31 ?x ? HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1't Half From 9 am until 3 m Father Mother Easter Da 2 Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 Father Mother . Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving I" Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Da Father Mother Thanksgiving 2 half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1" Half From noon on 12/24 to noon on 12/25 Father MotlTei Christmas 2 Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 S` (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father r i 1 ,_1 I RYAN M. HOFFMAN, * IN THE COURT OF COMMON PLEAS OF Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * V. * NO. 08-1725 * MYTU T. HOFFMAN, * CIVIL ACTION - LAW Defendant * IN CUSTODY ORDER OF COURT FOR PARENTING COORDINATION AND NOW, this ? 14rday of 2012, the parents agreeing that it is in the best interests of their child, Ian Hoffman (born in 2007, age four (4)), that a Parenting Coordinator be appointed to assist the parents in implementing the custodial arrangement set forth in the Custody Order dated May 21, 2012, and in resolving related parenting issues about which they do not agree, the following is STIPULATED AND ORDERED: 1. APPOINTMENT AND TERM. Audrey E. Woloshin, Esquire is hereby appointed as Parenting Coordinator for a term of 12 months, until the resignation of the Parenting Coordinator, or termination by the Court, whichever first occurs. The Court shall have authority to impose sanctions upon a parent for non-compliance with the Parenting Coordinator's service and fee agreement. Legal counsel for the parties shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days from the date of this Order. 2. CONTINUING JURISIDCTION. This Court shall have continuing jurisdiction for the purpose of modification, enforcement and clarification of the Custody Order until the term of the Parenting Coordinator has expired or the Parenting Coordinator's appointment has otherwise been terminated. The Court's retention of jurisdiction does not affect the finality of the underlying judgment, which is intended by the Court to be a final judgment. 3. ROLE OF PARENTING COORDINATOR. (A) Parenting Coordination involves two (2) components: (1) The Parenting Coordinator shall attempt to resolve issues arising out of the Custody Order through facilitation, consultation, coaching and education, all of which are non-decision making functions; and (2) If it is apparent to the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the dispute by providing a Decision for the parents on the issue(s). (B) The Parenting Coordinator will not function as a psychotherapist, counselor, attorney or advocate for the parents, or the parents' child or parents' family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement by the parents 2 whenever possible, and shall always act in a manner conducive to the best interests of the child. 4. PARENTING COORDINATOR'S AUTHORITY. The Parenting Coordinator, in order to implement the custodial arrangement set forth in the Custody Order and resolve related parenting issues about which they do not agree, is authorized to make Decisions concerning issues that may include, but are not limited to, the following: (A) Dates, times, places and conditions for transitions between households; (B) Temporary variation from the schedule for a special event or particular circumstance; (C) Minor adjustments to the physical custody schedule as set forth in the current Custody Order; (D) School issues, apart from school selection; (E) Child's participation in recreation, enrichment and extracurricular activities, programs and travels; (F) Child-care arrangements; (G) Clothing, equipment, toys and personal possessions of the child; (H) Behavioral management of the child; (I) Information exchange (school, health, social, etc.) and communication with or about the child; (J) Coordination of existing or court-ordered services for either of the parents or child (e.g., Psychological testing, alcohol or drug 3 monitoring/testing, psychotherapy, anger management, parenting class, etc.); (K) Other related custody issues as the parents mutually agree, in writing, to submit to the Parenting Coordinator. 5. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY. (A) The following are expressly and irrevocably excluded from the Parenting Coordinator's function and decision-making authority, except as provided in subparagraph (B) below: (1) A change in legal custody or decision-making authority set forth in the Custody Order; (2) A change in primary physical custody (residential parenting time) set forth in the Custody Order; (3) A change in the court-ordered custody schedule (parenting time) that substantially reduces or expands the child's time with one or both parents; (4) A change in the geographic residence (relocation) of the child that would render implementation of the current Custody Order impossible or impractical; (5) Determination of financial issues, other than allocation of the Parenting coordinator's fees. 4 (B) The parents may mutually agree in writing to submit any of the excluded issues set forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon written agreement of the parents. 6. NON-CONFIDENTIALITY OF COMMUNICATIONS. No communications of the parents and/or their lawyers with the Parenting Coordinator are confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communication to legal counsel. 7. SOURCES OF INFORMATION. Each parent shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, including signed HIPAA releases and other forms requested. The Parenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g., the child, therapists, physicians, childcare providers, teachers, family members, etc.). 8. COMMUNICATION WITH THE PARENTING COORDINATOR. (A) Protocol: The Parenting Coordinator shall determine the protocol of all communications, interviews and sessions, including who shall or may attend the sessions (including the child), whether they will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa. C.S. §6102, is alleged, the protocols should include measures addressing the safety of all participants, unless the Court deems the measures unnecessary. (B) Oral and Written Communications with the Parenting Coordinator. The parents and their attorneys shall have the right to receive, but not to initiate, oral ex parte (one-sided) communications from the Parenting Coordinator, but the fact of such communication shall be made known to the other parent. Any parent or legal counsel may communicate in writing with the Parenting Coordinator provided that a copy is given to the other parent simultaneously. Any documents, tape recordings or other material which one parent gives to the Parenting Coordinator must also be made available to the other parent or his/her legal counsel for inspection and copying. In accordance with paragraph 5 above, no such communications are confidential. (C) Written Communications Between the Parenting Coordinator and Appointin Judge. udge. (1) The Parenting Coordinator will have the ability to initiate written communication with the Appointing Judge, and shall contemporaneously send copies to both attorneys 6 (a) in the event of non-compliance of a party with any provision of this Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or (b) detailing the Parenting Coordinator's reasons for withdrawing from service in the case. (2) Absent an emergency affecting the child's health or welfare, any communication from the Parenting Coordinator to the court shall be in writing, and shall be copied simultaneously to the parties. If the Parenting Coordinator has communicated orally with the Court on an emergency basis, the Parenting Coordinator promptly shall communicate to the parents and/or counsel in writing the substance of the oral communication. 9. PARENTING COORDINATOR DECISION-MAKING PROCESS. (A) Prior to the Parenting Coordinator making a Decision, the Parenting Coordinator shall provide a notice and opportunity for each of the parents to be heard, unless exigent circumstances render contact with both parents impracticable or potentially dangerous to a parent and/ or the child. In the event a parent is given advance written notice of a session but does not attend, the Parenting Coordinator may make a Decision despite that parent's absence. (B) Decisions: 7 (1) The Parenting Coordinator's Decisions may be communicated to the parents orally, but must be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parents' above-captioned custody docket; (2) The Parenting Coordinator's Decisions shall be binding upon the parents unless and until reversed by Court Order. 10. JUDICIAL REVIEW. (A) Review of Decisions. Any parent seeking judicial review of a Parenting Coordinator's Decision must file a Petition for a de novo hearing within 20 days of the filing of the Decision, specifically stating the issues(s) and attaching a copy of the Decision. The Petition must be served on the other parent and Parenting Coordinator in accordance with the Rules of Civil Procedure. The hearing before the Court shall be de novo. The Court shall hear the case on the record, and shall render a decision within the time periods set forth in Rule 1915.4. (B) New Court Proceedings. Prior to filing any new motion, petition or complaint with the Court involving non-emergency custody or parenting of the child within the scope of the Parenting Coordinator's authority, the parents shall participate in no fewer than two (2) sessions with the Parenting Coordinator to attempt resolution of the 8 specific disputed issue(s) (and to permit a Decision to be made to the extent authorized by paragraph 4 above). (C) The procedures set forth in this paragraph 10 are mandatory, and may not be waived by the parents. 11. QUASI-JUDICIAL IMMUNITY. The Court-appointed Parenting Coordinator is an Officer of the Court and has quasi-judicial immunity. As such, the Parenting Coordinator cannot be sued based on her actions performed within the scope of this Agreement and Order. 12. CHILD ABUSE REPORTING. The Parenting Coordinator is required to report suspected child abuse pursuant to 23 Pa. C.S.A. §6311. 13. TESTIMONY. The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Parenting Coordinator elects or is required to testify, she shall be compensated commensurate with her rate by one or both of the parents as the Court deems appropriate. 14. ALLOCATION OF FEES. The parents will share the obligation to pay the fees of the Parenting Coordinator: 50% Mother, 50% Father. Fees are subject to reallocation by the Parenting Coordinator if she determines that one parent has disproportionately caused the need for the service. The Parenting Coordinator may, in her discretion charge parents for missed sessions or sessions cancelled less than twenty- four (24) hours prior to the scheduled session. 15. GRIEVANCES. 9 (A) If either party has a complaint about the way the Parenting Coordinator is dealing with him/her or regarding the performance or actions of the Parenting Coordinator (as distinct from a disagreement with a Decision of the Parenting Coordinator), that parent shall notify the Parenting Coordinator in writing, copying the other parent. The Parenting Coordinator shall schedule a meeting with the parents pursuant to this Order. A parent must discuss the matter with the Parenting Coordinator in person before pursuing it in any other manner. (B) If, after discussion, the parent remains unsatisfied, he/she must then submit a written letter detailing the complaint or grievance to the Parenting Coordinator, to the other parent, to both parents' attorneys, and to the attorney for the child, if one exists. The Parenting Coordinator will, within twenty (20) days, provide a written response to the grievance to both parents, both attorneys, and the attorney for the child, if any. (C) If appropriate, given the circumstances, the Parenting Coordinator will then meet with the parents and their attorneys, to discuss the matter. (D) If the grievance or complaint is not resolved after this meeting, the complaining parent may proceed by noticed motion to the Court for the removal of the Parenting Coordinator as specified below. 10 (E) The Court shall reserve jurisdiction to determine if either or both parents and/or the Parenting Coordinator shall ultimately be responsible for any portions or all of the Parenting Coordinator's time and costs spent in responding to the grievance and the Parenting Coordinator's counsel fees, if any. (F) Neither parent shall complain about the Parenting Coordinator to the Parenting Coordinator's licensing board without first complying with the above grievance procedures. 16. TERMINATION/WITHDRAWAL OF PARENTING COORDINATOR. (A) Neither parent may unilaterally terminate the Parenting Coordinator without Court approval. (B) The Parenting Coordinator may withdraw from service at any time, upon ten (10) days' written notice to the parents, all counsel of record and the Court. (C) Dissatisfaction with the Parenting Coordinator's Decisions is not grounds for termination. The opposing parent and Parenting Coordinator shall be given notice of any petition for termination. The Court may rule on the petition(s) submitted, or may schedule argument or an evidentiary hearing. 11 17. ACCEPTANCE. Each parent agrees to the appointment of Audrey E. Woloshin, Esquire as Parenting Coordinator, and agrees to fully cooperate with the Parenting Coordinator in compliance with this Agreement. BY THE COU By: - Edward E. Guido, I Distribution: ? Thomas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 ? Timothy M. Barrouk, Esquire, 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 /Audrey E. Woloshin, Esquire, 119 E Market Street, York, PA 17401 6y?e,? rw.-7ea' &Idlll;? Ot- w VG .- %V 12 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-1725 MYTU T. HOFFMAN, , Defendant CIVIL ACTION -DIVORCE WAIVER OF DEFECT IN SERVICE AND NOW, comes Mytu T. Hoffman, by and through her Attorney, Thomas M. Clark, Esquire, and files the instant Waiver of Defect in Service of which the following is a statement: 1. The Defendant is Mytu T. Hoffman, who currently resides at 3210 Pennwood Road, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Plaintiff is Ryan M. Hoffman, who currently resides at 1117 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Divorce Complaint was filed on March 17, 2008. 4. The Divorce Complaint was served on the Defendant prior to April 16, 2008. 5. Defendant has participated in the action. 6. Defendant has retained undersigned counsel to represent her in the action. 7. Defendant's counsel is authorized to waive any defect in service of the Divorce Complaint. WHEREFORE, Defendant waives any defect in service that may exist. Respectfully Submitted, COLGAN rASSrIATES, LLC Y Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: ` _ 5 6 RYAN M. HOFFMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA_...., VS. NO. 08-1725 - MYTU T. HOFFMAN, c Defendant CIVIL ACTION - DIVORCE _ PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Counsel for Defendant signed a Waiver of Defect in Service on March 21, 2013, said Waiver of Defect in Service is being filed simultaneously with this Praecipe. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: March 12, 2013; By Defendant: February 1, 2013. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated February 4,2013, and filed with this Honorable Court on February 11, 2013. A Custody count was filed on March 17, 2008,within the Divorce Complaint. An Order for Custody was entered on May 21,2012. A Motion for Appointment of Master was filed on May 21, 2009, and an Order Revoking the Appointment of Master was entered and filed on March 13,3012. 5. Complete either(a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 13, 2013; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: February 6, 2013. Respectfully Submitted COLGAN & SSO ATES, LLC By �-- Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 z , Dated: