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HomeMy WebLinkAbout09-2098IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL JAMES V. HOFFMAN, Plaintiff V. DEBRA SAVIDGE, Defendant COMPLAINT AND NOW, this 31st day of March, 2009 comes the Plaintiff, by his attorney Andrea M. Singley, Esquire, of 63 W. High Street, Gettysburg, Pennsylvania 17325, and states the following Complaint: 1. Plaintiff is James V. Hoffman, who resides at 1421 Brandton Road, Mechanicsburg, PA 17055, Father of the child. 2. Defendant is Debra Savidge, who resides at 1115 Saffron Drive, Mechanicsburg, PA 17050, Mother of the child. 3. Plaintiff seeks shared legal custody and a visitation schedule for the following No. U 9- oZ O q? Oz,?;-C 742-4-1 CUSTODY/VISITATION child: Name Address Date of Birth Age Lauren Blake Savidge 1115 Saffron Drive 1/13/09 3 weeks Mechanicsburg, PA 17050 4. The parties have never been married, and were separated at the time of the child's birth. 5. Presently, the parties do not have a formal custody arrangement. Father has visited the child regularly at Mother's home since child's birth. The paternal grandparents, along with other family members, have also regularly visited the child. 6. The child presently resides with the following individuals at the following address: Dates Address Parties Birth-present 1115 Saffron Drive Mother, child Mechanicsburg, PA 17050 7. The relationship of Plaintiff to Lauren Blake Savidge is that of Natural Father. 8. The relationship of Defendant to Lauren Blake Savidge is that of Natural Mother. 9. The Plaintiff has not participated in any prior litigation concerning the custody of the child. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody of the children or claims to have custody or visitation rights with respect to the children. 10. The Plaintiff seeks to have a formal arrangement put into effect by which the parties have shared legal custody with Plaintiff having a set schedule for visitation with the child. 11. Plaintiff acknowledges that Defendant is breast-feeding and that it would not be possible for Plaintiff to have overnight custody at this time. Plaintiff is merely looking to preserve his right to visitation with the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical of the children have been named as parties to this action. No person other than the parties to this action have a claim to custody of the children, and no notice is required to be given to any other person. WHEREFORE, Plaintiff prays your Honorable Court to enter a custody order granting the parties shared legal custody and the Plaintiff visitation of Lauren Blake Savidge. Date: Respectfully Submitted, BEAUCHAT & BEAUCHAT Andrea M. Singl 63 W. High Spkel Gettysburg, PA 17325 (717)334-4515 Attorney for Plaintiff ID #91278 VERIFICATION I verify that the statements made in this Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. 10 mXmes V. an, Plaintiff Rte}-OFFU OF rrE PRUUNWARY M9 APR -3 PM f 33 CUMk-P4LA,"4'D` COUNTY PENNSYLVAIN A #6a-so Po A-ny CC* 43t7/-q&-kA e "Ba o 3 JAMES V. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA SAVIDGE DEFENDANT 2009-2098 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 07, 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, May 13, 2009 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 . Man an r. Es q. 1110 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 FILED-U.='r.,E OF THE PPO f HO%0 ARY 2009 APR -8 PM 2: 38 fY+?.j1?4.^{?I ;?4d?"Y 5?..f /?J eElt???!'Y P f ? •?'-oq Cep{ - Cod ?• ? ? /????:1 06# ?l Dot ??d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL JAMES V. HOFFMAN, Plaintiff No. 2009-2098 V. DEBRA SAVIDGE, Defendant CUSTODY/VISITATION AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ADAMS ) BEFORE ME, the undersigned authority, personally appeared Andrea M. Singley, Esq. who being duly sworn according to law, deposes and said that she served the Custody Petition in the above-captioned action upon Debra Savidge by sending the same via certified mail, return receipt requested to the following address: Debra Savidge 1115 Saffron Drive Mechanicsburg, PA 17050 Sworn to and subscrid before me this al "j day of Pk I L , 2009. V 0 Pub c 600E '29 &V ft4 ft U00WMLV* An N01M01? sEA' NN1m 6Yi1MOr'M000 L 1W d" 11 as~ Qff0"MW10UGKAWWCoUM 1Vli 11A ON I.MO COW ftkft AV 25,200 ray ZQQ9NAY - Apt . /j` 26 Iti IA32 IAIOAT014 s41 15134WM3t oo? YIOUW "sit 3.A2MAG 140t)(7A06QSUSrM3* xlo'n L7Jr't. H si 'H'>18a{fTlPfbr;") • ?" Ihi? C?? ? 5 ?, ti v1?i?V1ff? gip? JAMES V. HOFFMAN IN THE COURT OF COMMON PLEAS OF PI_,~'11NTlI~F CUMBERLAND COON"hY, PE:NNSYI_VANIA V. • 2009-2098 CIVIL ACTION LAW DEBRA SAVIDGE IN CUSTODY DF;FI?NDANT ORDER OF COt1RT AND NOS', Wednesday, March 24, 2010 upon consideration of the attached Complaint. it is herchy directed that panties and their respective counsel appear before John J. Mangan, Jr., Esy. ,the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Wednesday, May 05, 201,0 __ at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 LOUR"I', Bv: /s/ ohn ,Man an r. Es . Custody Conciliator "I~~he 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 availahle 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 "1'H1S PAPER TO YOUR A"T°TORNEY A~h ONCE. 1F YOU DO NOT HAVL~; AN AT"fORN>/Y OR CANNOT AFFORD ONE, Ci0 TO OR TELEPHONE: Tl-f [: OFFIC 1. SET f~ORTH BELOW TO FIND Ol.}T WHERE YOU CAN CiE"f LEGAL I-IELP. Cumberland County Bar Association 3? South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) ?49-3166 .~ I~7L.~D•-L:rr-tC€ c~ ?N% PRO'~TARY 2'1ato KAR 25 P~ I : 06 Vt1iY~:.}L i'?;.rti d~,i ~_~;.):JtV 1~ PEf ~NSY~.;V~,i~}fA 3 • as • ~to ~-~. ~~ cna,~~ ~a 5 ~ n ~.e,~ ~ ~ 3 • a.5~• JO cQ~~ '~~a.c.~ i n Mcznc~czn~ -~ t2.. MAY. 14 2010 JAMES V. HOFFMAN, Plaintiff v. DEBRA SAVIDGE, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2098 1N CUSTODY ORDER OF COURT CIVIL ACTION LA~ -r~;;-i E-~. .. . ~_T ice- ~". G,;_ .~. .. -< c,,: AND NOW this ~5 day of May 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. ~--t i- ~~ r, i-r; - ±';--7 ~~z :x~ 2. Leal Custody: The Father, James Hoffman, and the Mother, Debra Savidge, shall have shared legal custody of Lauren Blake Savidge, born 01/13/2009. 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religions 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. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 05/22/10, Father shall have physical custody of Lauren on alternating weekends from Saturday 1:00 pm until Monday morning, bringing Lauren to day care. b. Commencing 05/26/10, Father shall have physical custody on alternating Wednesdays picking Lauren up from day care until Thursday morning, bringing Lauren to day care. In the event Father is able to, Father is authorized to pick Lauren up from day care earlier than 5:00 pm on this Wednesday. c. Father has requested, and the parties have agreed, that Father shall have an extended weekend from Friday 07/02/10 picking Lauren up from day care until Monday 07/05/10 at 11:00 am dropping Lauren off at Mother's residence. Additionally, Father shall have another extended weekend from Friday picking Lauren up from day care until Monday morning, bringing Lauren to day care. Father shall give Mother at least two weeks' notice of the requested second extended weekend. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. ~~ 4. Father shall by personally present, within reason, for his periods of physical custody of Lauren. 5. The parties have agreed, and shall not have Lauren engage in boating activities until she is age appropriate. 6. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with amutually-agreed upon professional. The focus of which is intended to address co-parenting issues. Mother has agreed to initiate said counseling and the parents shall communicate with one another about the possible choices of the therapist. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. Both parents shall be available by telephone when Lauren is in their respective care. 8. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 9. Holidays: The parents shall arrangelalternate the holiday schedule as mutually agreed. In the absence of mutual agreement, Father shall have Easter, Thanksgiving and Christmas with Lauren from 9:00 am unti13:00 pm. Father shall have Father's Day from 1:00 pm unti17:00 pm. 10. Vacation: Vacation periods with Lauren shall be addressed at the status conference in August 2010. 11. Neither parent or third parties shall smoke in confined places (e.g. in their residences or automobiles) while Lauren is in their care and custody. 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. Neither parent, or anyone else transporting Lauren, shall consume alcohol within six hours prior to transporting the Child. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 15. A status conference with the assigned conciliator is hereby scheduled for August 17, 2010 at 10:00 am at the Court of Common Pleas, Carlisle, PA 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. By the Court, ''y~ J. D' tribution: ,~n Levin, Esq. River Chase Office Center, 4431 North Front Street, Harrisburg, PA 17110 ~drea Singlet', Esq. 63 W. High Street, Gettysburg, PA 17325 ~hn J. Mangan, Esq. l.D ~'ES m,~ < <~ s ~a~io ~, r~ JAMES V. HOFFMAN, Plaintiff v. DEBRA SAVIDGE, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2098 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 Date of Birth CurrentlYin the Custody of Lauren Blake Savidge 01/13/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 13, 2009, an Order issued May 14, 2009 and a conference was held May 13, 2010 with the following individuals in attendance: The Mother, Debra Savidge, with her counsel, Ann Levin, Esq. The Father, James Hoffman, with his counsel, Andrea Singlet', Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~~1~ ~ Date John J an, squire Cust dy nciliator AUG 3 i 20"1iJ o2_ JAMES V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2098 CIVIL ACTION LA V ,y . DEBRA SAVIDGE, IN CUSTODY `-' Defendant ?" Jr., J. ' 3 Prior Judge: M.L. Ebert rn n , ORDER OF COURT AND NOW this _ day of September 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the IC-l- day of ,? , 2014 at 0 am/pm-in Courtroom number 2 in the Cumberland County Cou of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. 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, James Hoffman, and the Mother, Debra Savidge, shall have shared legal custody of Lauren Blake Savidge, born 01/13/2009. 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and infonnation 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 partial physical custody as follows: a. Commencing 05/22/10, Father shall have physical custody of Lauren on alternating weekends from Saturday 1:00 pm until Monday morning, bringing Lauren to day care. b. Commencing 05/26/10, Father shall have physical custody on alternating Wednesdays picking Lauren up from day care until Thursday morning, bringing Lauren to day care. In the event Father is able to, Father is authorized to pick Lauren up from day care earlier than 5:00 pm on this Wednesday. C. Appropriate third parties are authorized to transport the Child to day care and/or care for the Child. d. Father has requested, and the parties have agreed, in light of Father getting married, that Father shall have custody of Lauren from Thursday 09/02/10, picking up from day care until Sunday 09/05/10 at 6:00 pm dropping Lauren off at Mother's residence. e. Father shall have physical custody of the Child at. such other times as the parties may mutually agree. 5. Father shall by personally present, within reason, for his periods of physical custody of Lauren. 6. The parties have agreed, and shall not have Lauren engage in boating activities until she is age appropriate. 7. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, Casey Shienvold shall assist the parents and Father has agreed to bear the financial cost. The focus of which is intended to address co-parenting issues. Custody evaluation: The parents are strongly encouraged to engage in a custody evaluation with an agreed upon professional. 9. Both parents shall be available by telephone when Lauren is in their respective care. 10. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 11. Holidays: The parents shall arrange/alternate the holiday schedule as mutually agreed. In the absence of mutual agreement, Father shall have Easter, Thanksgiving and Christmas with Lauren from 9:00 am until 3:00 pm. Father shall have Father's Day from 1:00 pm until 7:00 pm. 12. Vacation: Vacation periods with Lauren shall be addressed at the scheduled hearing. 13. Neither parent or third parties shall smoke in confined places (e.g. in their residences or automobiles) while Lauren is in their care and custody. 14. 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. 15. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 16. 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. Neither parent, or anyone else transporting Lauren, shall consume alcohol within six hours prior to transporting the Child. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 17. 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. D' bution: Levin, Esq. River Chase Office Center, 4431 North Front Street, Harrisburg, PA 17110 An a Singley, Esq. 63 W. High Street, Gettysburg, PA 17325 ohn J. Mangan, Esq. CC$ lFS ryz?t /U 4/ By the Court, JAMES V. HOFFMAN, Plaintiff V. DEBRA SAVIDGE, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2098 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 Date of Birth Currently in the Custody of Lauren Blake Savidge 01/13/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 13, 2009, an Order issued May 14, 2009 and a conference was held May 13, 2010 with the following individuals in attendance: The Mother, Debra Savidge, The Father, James Hoffman, with her counsel, Ann Levin, Esq. with his counsel, Andrea Singley, Esq. Father's position on custody is as follows: Father is requesting that his alternating weekends be extended from Friday until Monday morning. Father indicates that his custodial time with Lauren has gone very well. Both Father and Mother indicate that there has been a significant amount of discord in regard to their communication between each other. In light of this, Father has agreed to continue with counseling with Casey Shienvold. Furthermore, both Father and Mother are willing to investigate whether a custody evaluation would be feasible and/or beneficial to the instant matter. Father acknowledges that he does have to work some mornings quite early and sometimes on the weekend, but that this happens not on a regular basis. Father asserts that it is perfectly acceptable for his fiance to transport Lauren to day care when he is not able to do so or if it is more convenient for his fiance to do so. 4. Mother's position on custody is as follows: Mother is not willing to expand Father's custodial time; in fact would like to limit or decrease Father's custodial time. Mother indicates that it is not appropriate for Father's fiance to transport Lauren in the morning to day care. Mother asserts that Father does not utilize the time that he currently has with the Child. Mother feels that if Father is not physically present in the morning for Lauren to wake up, Lauren should be spending the night before at her residence (on Wednesday or Sunday nights). Mother has concerns about Father working on the weekends and not spending time with Lauren. Mother indicates that if Father is working, the Child should be with her. Mother has concerns about Father not engaging in counseling, Father not responding to her telephone calls and that Father is "not present within reason" when he has custody of Lauren. Mother believes that alternating weekends from Friday until Monday is too long of an extended period of time for Father. 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 Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date n, Esquire John J *efiliator Cust dy l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. HOFFMAN, Plaintiff ) NO. 09-2098 CIVIL TERM :~ ~.~ =6 -~. ~~~~~ ..~ DEBRA SAVIDGE, ) CIVIL ACTION -LAW `~~ Y ~ '~ ~ Defendant ) IN CUSTODY ~ ~== ~- ~ w .~ -~ "~~~~` ~' ~., ~~ ; PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARAN G',~ ~ ~ . .~, ~-, TO THE OFFICE OF PROTHONOTARY: ~ '- Kindly withdraw the appearance of Ann V. Levin, Esquire, and the firm of Smigel, Anderson & Sacks, LLP., as counsel of record for Defendant, Debra Savidge. Date: ~~ ~' ~' ~ ." [ D V Ann .Levin, Esquire SMIGEL, ANDERSON & SACKS, I,LP. River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1709 Kindly enter the appearance of Darren J. Holst, Esquire, and the firm of Howett, Kissinger & Holst, P.C., as counsel of record for Defendant, Debra Savidge. Date: /D 2~' /~ arren J. Ho squire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0 JAMES V. HOFFMAN, C o 'q Plaintiff ) NO. 09-2098 Civil Term -v,-rt v. ) - 00 DEBRA SAVIDGE, ) CIVIL ACTION -LAW C:)- n Defendant ) IN CUSTODY CD Prior Judge: M.L. Ebert, Jr., J. v? DEFENDANT'S PETITION FOR CUSTODY EVALUATION PURSUANT TO PA.ILCiv.P. 1915.8 AND NOW, comes Defendant, Debra Savidge, by and through her counsel, Howett, Kissinger & Hoist, P.C., who hereby files the instant Petition for Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8 and in support thereof avers as follows: 1. Petitioner is Debra Savidge ("Mother"), Defendant in the above-captioned custody action. 2. Respondent is James V. Hoffinan ("Father"), Plaintiff in the above-captioned custody action. 3. The parties, who were never married, are the biological parents of one minor child, namely, Lauren B. Savidge, born January 13, 2009, age 2. 4. Following the child's birth, Father filed a Complaint for Custody, and by stipulated order dated May 14, 2009, the parties agreed to share legal custody with Mother having primary physical custody subject to Father having periods of non-overnight partial custody. 5. In March, 2010, Father filed a Petition for Modification, and by order dated May 18, 2010, the parties agreed to modify the custodial arrangement to afford Father overnights with the child on alternating weekends from Saturday until Monday morning as well as alternating Wednesdays until Thursday morning. 6. The Court's May 18, 2010 order called for a status conference to occur with the conciliator on August 17, 2010. 7. At said status conference, Father requested additional overnight periods of custody, and, insomuch as the parties could not reach an agreement, the Court entered an order dated September 7, 2010 directing, inter alia, a custody hearing before the Honorable M.L. Ebert, Jr., for February 10, 2011 at 9:00 a.m. A copy of the Court's September 7, 2010 Order is attached hereto as Exhibit "A," and is incorporated herein by reference thereto. At the August conciliation conference, both Mother and Father discussed their willingness to investigate and consider the performance of a custody evaluation, and the Court's September 7, 2010 Order states that "[t]he parents are strongly encouraged to engage in a custody evaluation with an agreed upon professional." 9. In late October, 2010, Mother discharged her prior counsel and retained. the undersigned for representation in this matter. 10. On November 9, 2010, new counsel forwarded a letter to Father's counsel confirming his representation of Mother and requesting the opportunity to speak concerning, inter alia, engaging in a custody evaluation as suggested by the Court. A copy of counsel's November 9, 2010 letter is attached hereto as Exhibit "B," and is incorporated herein by reference thereto. 11. On or about November 10, 2010, counsel were able to speak about a potential custody evaluation, and at that time Father suggested utilizing Dr. Stanley Schneider of Guidance 2 Associates, 412 Erford Road, Camp Hill, PA 17011, whereas Mother suggested utilizing Dr. Arnold Shienvold of Riegler, Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, PA 17110. 12. On or about December 9, 2010, Father's counsel relayed that Father was amenable to using Dr. Arnold Shienvold as an evaluator, and counsel jointly spoke to Susan Smith, Dr. Shienvold's administrative assistant, about the particulars of retaining Dr. Shienvold for an evaluation and getting initial sessions scheduled. 13. During that call Ms. Smith advised that Dr. Shienvold was then currently scheduling initial appointments for the latter part of January, 2011 and that Dr. Shienvold required a $5,000 retainer. 14. Following that call, and in furtherance thereof, Mother contacted Ms. Smith at Riegler, Shienvold & Associates and scheduled her initial appointment for January 26, 2011. 15. Further, Mother filled out the information packet sent to her by Ms. Smith. 16. By letter dated December 20, 2010, Mother's counsel requested that Father's counsel ensure that Father contact Dr. Shienvold's office in order to schedule his initial session to ensure the evaluation process began as soon as possible. A copy of counsel's December 20, 20tO letter is attached hereto as Exhibit "C," and is incorporated herein by reference thereto. 17. By letter dated January 4, 2011, Father's counsel reported that Father was no longer willing to move forward with a custody evaluation. A copy of Father's counsel letter of January 4, 2011 is attached hereto as Exhibit "D," and is incorporated herein by reference thereto. 18. Pursuant to Rule 1915.8 of the Pennsylvania Rules of Civil Procedure, the Court may order the children and the parties to a custody action to submit to and fully participate in an evaluation, including, but not limited to, a comprehensive custody evaluation. 19. A comprehensive custody evaluation ought to be performed by Dr. Arnold T. Shienvold, and an evaluation is imperative in this case, in light of, inter alia, the following: A. There appears to exist a substantial issue concerning communication between the parties, as thus far the parties have been unable to engage in co-parenting counseling successfully and do not communicate effectively; B. Insomuch as the child is only two years old, and the Court is unable to communicate directly with the child as to her best interests, a custody evaluation will assist the Court greatly in determining the child's psychological best interests and what current custodial arrangement would effectuate the child's legal best interests, particularly since an evaluator can spend significantly more time with the child and the parties; and C. In light of the fact that the parties have divergent but legitimate differences of opinion as to what custodial arrangement will effectuate their child's best interest, a comprehensive custody evaluation will not only aid the Court in its obligation to make a full and complete record, but it will also be extremely beneficial in, perhaps, assisting the parties in resolving their custody dispute amicably without hearing, which will undoubtedly advance the child's long term best interests. 20. Under the law, this Court is obligated to make a full and exhaustive record, and since an evaluator has the luxury of spending significant time with not only with the child but the 4 parties, it is a critical piece of evidence necessary to assist in developing an exhaustive; record, particularly on the issue of how the parties' communication problems impact custody. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order directing the following: That the parties and the minor child participate in, and avail themselves to, a comprehensive custody evaluation to be performed by Dr. Arnold T. Shienvold of Riegler, Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, PA 17110. 2. That the cost of said evaluation be allocated equally between the parties. 3. That the evaluator makes specific recommendations as to what legal and physical custodial arrangement is in the best interest of the minor child; and 4. Any other relief the court deems equitable and appropriate under the circumstances. Respectfully Submitted, Date: / Darren J. H st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge 5 VERIFICATION I, Debra J. Savidge, hereby swear and affirm that the facts contained in the foregoing Defendant's Petiticn fc' Oistcdy Etraluaticn Pursuant to Pa.R.Civ.P. 1915.8 are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworr?falsification to authorities. 01/11/11 DATE BItBkA J. SAV GE ???;8??- ti JAMES V. HOFFMAN, Plaintiff V. DEBRA SAVIDGE, Defendant Prior Judge: M.L. Ebert, Jr., J. [Lj? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2098 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this _!;!?k day of September 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Cu Conciliation Conference. A Custody Hearing is hereby scheduled on the /d . day of ?nit at e r I_ w4mi'm Courtroom number 2 in the Cumberland County Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. 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. Leal Gtirstodv: The Father, James Hoffman, and the Mother, Debra. Savidge, shall have shared legal custody of Lauren Blake Savidge, born 01/13/2009. 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 her health, education and religion Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and 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 partial physical custody as follows: a. Commencing 05/22/10, Father shall have physical custody of Lauren on alternating weekends from Saturday 1:00 pm until Monday morning, bringing Lauren to day care. b. Commencing 05/26/10, Father shall have physical custody on alternating Wednesdays picking Lauren up from day care until Thursday morning, bringing Lauren to day care. In the event Father is able to, Father is authorized to pick Lauren up from day care earlier than 5:00 pm on this Wednesday. C. Appropriate third parties are authorized to transport the Child to day care and/or care for the Child. d. Father has requested, and the parties have agreed, in light of Father getting married, that Father shall have custody of Lauren from Thursday 09/02/10, picking up from day care until Sunday 09/05/10 at 6:00 pm dropping Lauren off at Mother's residence. e. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 5. Father shall by personally present, within reason, for his periods of physical custody of Lauren. 6. The parties have agreed, and shall not have Lauren engage in boating activities until she is age appropriate. ?enns- 1--??lsveand are>>dJ?. eLed- #?--2aLtr in ?w i.c +.i-L "Ci??V S1?:??•ogd shall assist the parents and Father has agreed to bear the financial cost. The focus of which is intended to address co-parenting issues. 8. Custody evaluation: The parents are strongly encouraged to engage in a custody evaluation with an agreed upon professional. 9. Both parents shall be available by telephone when Lauren is in their respective care. 10. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 11. Holidays: The parents shall arrange/alternate the holiday schedule as mutually agreed. In the absence of mutual agreement, Father shall have Easter, Thanksgiving and Christmas with Lauren from 9:00 am until 3:00 pm. Father shall have Father's Day from 1:00 pm until 7:00 pm. 12. Vacation: Vacation periods with Lauren shall be addressed at the scheduled bearing. 3. -\reit? er gwrent or third parties shall smoke in confined -p_2ces (ems "I f -e? automobiles) while Lauren is in their care and custody. 14. 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. 15. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 16. 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. Neither parent, or anyone else transporting Lauren, shall consume alcohol within six hours prior to transporting the Child. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 17. 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. By the Court, Distribution: Ann Levin, Esq. River Chase Office Center, 4431 North Front Street, Harrisburg, PA 17110 Andrea Singley, Esq. 63 W. High Street, Gettysburg, PA 17325 John J. Mangan, Esq. 1 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the, se l1 of said MF? le, Pa. This _Tdw of . 20 rothon r JAMES V. HOFFMAN, Plaintiff V. DEBRA SAVIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2098 CIVIL ACTION LAW IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. CUSTODY CON`CILIXTION SUMAMARY REPORT LN ACCGRD_XNCE DTI H C-L.trEERL_-%-N-D COLZ IY RL-LE OF CIA IL PROCEDURE - e _ dersgned Custody Conciliator submits the following report: is 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 Lauren Blake Savidge 01/13/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 13, 2009, an Order issued May 14, 2009 and a conference was held May 13, 2010 with the following individuals in attendance: The Mother, Debra Savidge, with her counsel, Ann Levin, Esq. The Father, James Hoffman, with his counsel, Andrea Singley, Esq. 3. Father's position on custody is as follows: Father is requesting that his alternating weekends be extended from Friday until Monday morning. Father indicates that his custodial time with Lauren has gone very well. Both Father and Mother indicate that there has been a significant amount of discord in regard to their communication between each other. In light of this, Father has agreed to continue with counseling with Casey Shienvold. Furthermore. both Father and Mother are w;1-1in- to Im-cst:gate whether a custody evalua*:or beneficial to the instant matter. Father acknowledges that he does have to work some morrr77 quite early and sometimes on the weekend, but that this happens not on a regular basis. Father asserts that it is perfectly acceptable for his fiance to transport Lauren to day care when he is not able to do so or if it is more convenient for his fiance to do so. 4. Mother's position on custody is as follows: Mother is not willing to expand Father's custodial time; in fact would like to limit or decrease Father's custodial time. Mother indicates that it is not appropriate for Father's fiance to transport Lauren in the morning to day care. Mother asserts that Father does not utilize the time that he currently has with the Child. Mother feels that if Father is not physically present in the moming for Lauren to wake up, Lauren should be spending the night before at her residence (on Wednesday or Sunday nights). Mother has concerns about Father working on the weekends and not spending time with Lauren. Mother indicates that if Father is working, the Child should be with her. Mother has concerns about Father not engaging in counseling, Father not responding to her telephone calls and that Father is "not present within reason" when he has custody of Lauren. Mother believes that alternating weekends from Friday until Monday is too long of an extended period of time for Father. 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 Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. John J m n Ese Cust dy C I ??,?,arr LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PENNSYLVANIA 17108 JOHN C. HOWETT. JR. DONALD T. KISSI.NGER DARREN J. HOLST LESLEY J. BEANI (717) 234-2616 FAX (717) 234-402 DEBRA M. SHIIvIP Legal Assistant November 9, 2010 Andrea M. Singley, Esquire BEAUCHAT & BEAUCHAT, LLC 63 West High Street Gettysburg, PA 17325-2119 Re: Hoffman v. Savidge Dear Andrea: I write as a follow-up to the telephone message I left for you this morning in the above- referenced matter. Yesterday, you called my office to ascertain whether I was now representing Ms. Savidge; unfortunately, due to a family medical matter, I was out of the office all day. I had intended to call you yesterday regarding this matter. Last week I did receive Ms. Savidge's file from her former counsel, Ann Levin, and I also received back from the Court a time-stamped copy of the praecipe withdrawing Attorney Levin's appearance and entering my appearance. Enclosed for your records is a time-stamped copy of said praecipe. I am hopeful that I can speak to you at your convenience regarding two important matters. First, the existing order, which scheduled a hearing in this matter for February, envisioned the performance of a custody evaluation. I would like to speak to you about utilizing Dr. Arnold Shienvold as the evaluator, as I believe it is imperative that the evaluation process begin in earnest as soon as possible. Secondly, I wanted to speak to you about the status of co-parenting counseling. I look forward to speaking to you at your earliest convenience. Sincerely, Darren J. Holst DJH/glg Enclosure cc: Debra J. Savidge (w/encl.) 400 LAW OFFICES OF 110WETT, KISSINGER z& HGLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 H,+RRISBL'RG. PENNSYLVANIA 171018 JOHN C. HC_ WETT. JR. DONALD 7'. KISSINGL-R DARREN J. HOLST LESLEY J. BEAM DEBRA M. SHIMP Legal Assistant December 20, 2010 VIA FAX & MAIL (717) 337-2009 Andrea M. Singley, Esquire BEAUCHAT & BEAUCHAT, LLC 63 West High Street Gettysburg, PA 17325-2119 Re: Hoffman v. Savidge Dear Andrea: (717) 234-2616 FAX (717) 234-5402 I believe you and I exchanged messages last week in the above-referenced matter. When you and I last spoke, we had a joint call with Susan Smith at Dr. Shienvold's office concerning the evaluation procedure and the particulars of scheduling. Since that time, I have advised my client to contact Ms. Smith to begin scheduling sessions. You and I discussed having the parties share the evaluation cost up front with the understanding the Court ultimately retains the authority to reallocate at hearing. In furtherance thereof, Ms. Savidge will be prepared to provide Dr. Shienvold one-half of the retainer at her first appointment. If Jim has not already done so, please have him contact Ms. Smith to begin the scheduling process. You and I had also discussed the recent events concerning support. Jim had unilaterally reduced his support payments in December, and when I inquired about the reasons therefor, you indicated Jim's income is down. I had requested you obtain from your client documentation concerning the current state of his business and his income therefrom. Jim may be correct that his income is down and his current support obligation pursuant to Pennsylvania law is consistent with what he is presently paying. However, I want to confirm this, and in an effort to avoid having my client formally initiate a support action, I am hopeful Jim will forward to me current documentation concerning his income. Andrea M. Singley, Esquire December 20, 2010 Page Two I am also hopeful we can begin the parenting coordination process in earnest. 'When you and I last spoke, you indicated Jim was amenable to having Dr. Schneider of Guidance; Associates appointed in that capacity. Events over the weekend only confirm the need for the parenting coordination process. Debbie is off this week, and when she and Jim discussed the particular of Jim's custodial weekend this past weekend, Debbie asked that he drop Lauren off at her house this morning insomuch as Lauren would not be attending daycare because of Debbie's vacation. When this issue was discussed on Saturday, Debbie did not believe there would be a problem. However, on Sunday evening Jim texted Debbie to say he would be dropping Lauren off at daycare on Monday morning, not at Debbie's house. He also said Debbie could otherwise pick Lauren up at his employment Monday morning. Despite the fact Lauren would not be attending daycare this morning, Jim did end up dropping Lauren off at daycare this morning at 8:30. This required Debbie to travel to the daycare, pick Lauren up and return her home. Debbie and Jim had animated discussions via text message Sunday evening through Monday morning concerning this issue. There was absolutely no reason why Jim should not have dropped Lauren off at Debbie's house; he will have to do so at the end of his Christmas custody inasmuch as daycare will not be open that day. This issue simply highlights the need for parenting coordination. Rather than have the parties spend money going through their attorneys, and ultimately getting no satisfaction in an expedited resolution, such an issue can be easily presented to the parenting coordinator who can work with the parties as to an amicable resolution or, in the alternative, make a binding decision. Had a parenting coordinator been involved, he could have decided where Lauren should be dropped off in light of Debbie's vacation this week. I do enclose herewith a draft Stipulation for Parenting Coordination that envisions Dr. Schneider being appointed in such capacity. Please review the draft with your client and give me your thoughts at your earliest convenience. By copy of this letter to my client, I am asking Debbie to review the draft and give me her comments at her earliest convenience. I do hope you and everyone at your firm has a wonderful holiday. Sincerely, Darren J. Holst DJH/djk Enclosure cc: Debra J. Savidge (w/encl) p p c _ / ?d 221 ' 1 7 7;. 72972009 PEA PAGE 02/03 LAW OFFICE OF BEAUCHAT & BEAUCHAT, LLC U MARKC BEAUCHA'I',R.Q. " WENtIYUt/EJKAI.•J31:l',Ui.NAa',E ." ° ANDRE•AM.STNOVMESQ. aanua.ry 4, 2011 Darren Holst, Esq. Howett, Kissinger & Holst, P.C. P.O. Box 810 130 Walnut Street Harrisburg:, PA 17108 VIA FACSINULF AND REGULAR MAIL (717) 2345402 Re: Hoffman vs. Savidge Dear Attorney IHolst: I am writing on behalf of my client, Jim. Hoffman, regarding the ongoing custody matter listed above. T have spoken with my client, and at this time, he would like to proceed to the Febntary court date without doing a custody evaluation. After considering cost, my client has decided that it is unwise to spend $2,500 on the evaluation at this time given the current economic client, and his decrease in income. However, he still intends to move forward in pursuing extended custody at the February court date, as he does not feel his requests are unreasonable. With. regards to use of the Parenting Coordinator, my client is willing to try this on a trial basis for six (6) months, at which. time he requests that the parties, through counsel, discuss whether the service is beneficial. Finally, my client is hopeful that the parties can reach an agreement regarding child support without involving Domestic Relations. My client would be willing to turn over, income information if your client would agree to do the same. This way, we can examine what is reasonable at this time. 63 WEST HIGH Sn.EET • OETTYSBURG, PENNSYLVANIA 17.325 TELEPHONE 717.334.4515 wo..hsire: http://www,bhlaw???f?:?.c??m FAX 717.3:37.2009 REAL ESTATE C)FPT, FAX 717.:334.2399 7172272009 3EAUCH9 i PAGE 03/03 Please let me know me know if your client is in agreement with the above provisions. If so, my client will sign a modified. Stipulation. if you have any further questions or concerns regarding this matter, please do not hesitate to contact me. Sincerely, cc: Jim. Hoffman BEAUCHAT & BEAUCHAT Andrea. M. Singl.ey, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES V. HOFFMAN, Plaintiff ) NO. 09-2098 Civil Term V. ) DEBRA SAVIDGE, ) CIVIL ACTION -LAW Defendant ) IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Debra Savidge, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Petition For Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8 was served upon Andrea M. Singley, Esquire, counsel for Plaintiff, James V. Hoffman, by depositing same in the United States mail, first class, on January 11, 2011, addressed as follows: Andrea M. Singley, Esquire BEAUCHAT & BEAUCHAT, LLC 63 West High Street Gettysburg, PA 17325-2119 Date: Darren J. 1st, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge a N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J2 MES V. HOFFMAN, ) Plaintiff ) ) V. ) DEBRA SAVIDGE, Defendant ) ) NO. 2009-2098 CIVIL TERM ?G mco xrn CIVIL ACTION - LAW =70 IN CUSTODY Prior Judge M.L. Ebert, Jr., J. j;,, c-) PRAECIPE TO THE OFFICE OF PROTHONOTARY: a? .-.; t? 3 .c- N c? --i r=T? rte-.,, -o rn O cnn ?rn Kindly withdraw without prejudice Defendant's Petition for Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8, which the undersigned filed on Defendant's behalf on January 12, 2011. c? Date: ? arren J. is , Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES V. HOFFMAN, ) Plaintiff ) V. ) DEBRA SAVIDGE, Defendant ) NO. 2009-2098 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Prior Judge M.L. Ebert, Jr., J. CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Debra Savidge, Defendant in the above-captioned action,'hereby certify that a true and correct copy of the foregoing Praecipe was served upon Andrei M. Singley, Esquire, counsel for Plaintiff, James V. Hoffinan, via facsimile and by depositing same in the United States mail, first class, on January 21, 2011, addressed as follows: Andrea M. Singley, Esquire BEAUCHAT & BEAUCHAT, LLC 63 West High Street Gettysburg, PA 17325-2119 Date: Darren J. Hol , Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL JAMES V. HOFFMAN, Plaintiff V. No. 09-2098 DEBRA SAVIDGE, CIVIL ACTION - CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE TO PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for James V. Hoffinan in the above-captioned matter. Mr. Hoffman has retained new counsel. Respectfully Submitted, BEAUCHAT & BEAUCHAT, LLC DATE: Andrea M. mgley, sq. 63 W Hsi-Street Gettysburg, PA 17325 (717) 334-4515 ID #91278 b :: i a. ; p JAMES V. HOFFMAN, Plaintiff vs. DEBRA SAVIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2098 IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Samuel L. Andes as counsel for the Plaintiff James V. Hoffman in the above matter. Date: 16 March 2011 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 -rim M X .o ?r- cam, =0 co `Yt T 1 z"? 7 ? t Darren J. Hoist, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge ;~ ~~~ ~'~taTt~~N~l~'A~~, X412 ~.1.3C 13 Pt' 2~ ! 0 ~~'F Eh~1SYL~VA~ ~ 1'Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV JAMES V. HOFFMAN, Plaintiff v. DEBRA SAVIDGE, Defendant NO. 2009-2098 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY Prior Judge M.L. Ebert, Jr., J. F FOR ORDER DIRECTING PARENTING COORDINATION AND NOW, comes Defendant, Debra Savidge, by and through her counsel, Howett, Kissinger & Hoist, P.C., who hereby files the instant Petition for Special Relief Pursuant to R 1915.13 of the Pennsylvania Rules ofd Civil Procedure and in support thereof avers as follows: Petitioner is Debra Savidge ("Mother"), Defendant in the above-capti custody action. 2. Respondent is James V. Hoffman ("Father"), Plaintiff in the above- captioned custody action. 3. The parties, who never married, are the biological parents of one minor child, namely, Lauren B. Savidge, born January 13, 2009, age 3. 4. Lauren, who has been diagnosed with Type I juvenile diabetes and high cholesterol, requires extensive ongoing specialized medical treatment; Lauren is seen by specialists at Childrens Hospital in Philadelphia ("CHOP"). Q~u~~ ~: ~ (~ ~ ~-~ ~ ~ ~p ~ 4 ~I to ~ a~ `~ Lauren is required to travel regularly to CHOP for medical appo and Mother provides Father advance notice of all appointments. 6. Moreover, Lauren must undergo regimented blood sugar testing and maintain a strict diet irrespective of whether she is at Mother's house or Father's house. 7. After two initial custody orders, the Court entered an order on Septem 7, 2010 in which it: afforded the parties shared legal custody; confirmed primary custody with Mother; and extended to Father periods of partial custody. A copy of the Court's September 7, 2010 Order is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. 8. Pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, custody court has the authority to enter any orders necessary to effectuate the policies of the custody code. 9. Since the inception of this action, Father has refused to co-parent and communicate with Mother on legal custody issues. 10. Father refuses to speak directly to Mother in person or over the phone; when such attempts are made by Mother, the situation often denigrates into Father cursing at Mother, often in the presence of Lauren. 11. Mother previously sought to have the parties engage in co-parenting counseling; Father attended two appointments but then refused further participation. 12. Of particular concern, Father consistently fails or refuses to fully with Mother concerning Lauren's blood sugar testing and diet, both of which are critical managing Lauren's diabetes. 13. Since being diagnosed with Type I diabetes, Lauren has regularly experienced extreme spikes in blood sugar while at Father's residence and upon returning to Mother after Father's periods of custody; such spikes are caused by a myriad of factors, stress and failing to maintain the proper diet. 14. Such spikes, if the remain ongoing, can cause adverse medical issues for the child and exacerbate he existing condition. 15. Furthermore on several occasions Lauren has returned from Father's registering keytones in her urine. 16. The presence of keytones can lead to further medical problems, and such keytones should not be present if the child adheres to her diet. 17. Although Mother tries to talk to Father about the child's diet logs during Father's custody, to ensure that diet does not play a role in a particular episode of blood sugar spiking, Father becomes defensive, adversarial and refuses to talk to Mother. 18. Despite Mother giving Father notice of all of Lauren's medical appointments, Father fails to provide advance notice of whether he will attend Lauren's appointments; attendance is critical to help both parents become better educated on how to manage Lauren's medical condition. 19. Furthermore, the parties have had regular disputes since the inception of the action over day-to-day matters concerning the order such as custody over holidays, modifications to the custody schedule for important events. 20. The parties also cannot reach a consensus on general parenting matters without the aid of a parenting coordinator as, by example, at Father's house they use of the last name "Hoffman" for Lauren even though her given last name is "Savidge." 21. A Parenting coordinator will have the ability to make binding decisions relating to the day-to-day matters concerning the child, thus eliminating the parties' inability to reach agreement on matters relating to their child and thereby effectuating the child's best interest. 22. Mother avers parenting coordination is in the best interest of the child will promote the child's general welfare. 23. Prior to filing, a draft of this petition was forwarded to opposing counsel seeking his client's concurrence with the requested relief; counsel's client objected to the requested relief. 24. This custody action has previously been assigned to the Honorable M.L. Ebert, Jr. WHEREFORE, Defendant respectfully requests this Honorable Court enter an order granting her special relief petition and, accordingly, entering an order directing parenting coordination. Respectfully submitted, J C / Date: -i ~- ~ ~ _ Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street/ P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge VERIFICATION I, Debra J. Savidge, hereby swear and affirm that the facts contained in the foregoing Defendant's Petition for Special Relief in the Nature of Directing Parenting Coordination are true and correct to the best of my knowledge, information and belief and are made subject the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 8/8/12 ~`-- DATE D BRA J. SAV E ~, \~~ -;fin/ ~ ~~OPt ` ~ c t~ L . ~ -~-`~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN v. DEBRA SAVIDGE, Defendant Frier Judge: M.L. Ebert, Jr., J. No. 09-2098 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW -this ~ day of September 2010, upon consideration of the attached Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Cu Conciliation Conference. A Custody Hearing is hereby scheduled on the /p~. day of 201 ¢ at ~'~ am/~.in Courtroom number 2 in the Cumberland County Co of Common Pleas, Carlisle, PA 1701? which time testimony will be taken in regard to the physical custody for the subject Child. F. 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 couns~ 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 anticcipated testimony of each witness, These Memoranda shall be filed at least five days prior to the hearing date. 3. Leg~G~ustody: The Father, James Hoffman, and the Mather, Debra Savidge, shall have shah legal custody of Lauren Blake Savidge, born O1/13/2009. The parties shall have an equal rigl to make all major non-emergency decisions affecting the Child's general well-being including but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 PaC.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religions or school records, the residence address of the Child and of the other parent To the extent one parent h possession of any such records or information, that parent shall be req~rired to share the same, or copies thereof, with the other parent within such reasonable time as to make the records ani information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Child subject to Father partial physical custody as follows: a. Commencing 05/22/10, Father shall have physical custody of Lauren on alternating weekends from Saturday 1:00 pm until Monday morning, bringing Lauren to day care. b. Commencing OS/26/I0, Father shall have physical custody on alternating Wednesdays picking Lauren up from day care until Thursday morning, bringu Lauren to day care. In the event Father is able to, Father is authorized to pick Lauren up from day Gaze eazlier than 5:00 pm on this Wednesday. c. Appropriate third parties are authorized to transport the Child to day care and/, care for the Child. at .~. d. Father has requested, and the parties have agreed, in light of Father getting married, that Father shall have custody of Lauren from Thursday 09/02/10, picking up from day care until Sunday 09/05/10 at 6:00 pm dropping Lauren at Mother's residence. e. Father shall have physical custody of the Child at such other times as the paz may mutually agree. 5. Father shall by personally present, within reason, for his periods of physical custody of. Laur n. 6. Theparties have agreed, and shall not have Lauren engage in boating activities until she is e appropriate.... 1 '~~"^~ `S: ~y,f~. ~»~ a`fi~ T''y.Y ~ ~i,~+=`5-~WY,~ ~r."~.~:..r~'~i'"~ Fem., r'7'~C~. ~~ ? ?i "'1~~.~.'.v ~3~~,^:~ ~. ~. __ - _ tit, iL~14 _~~.= sY " • ~ `. ~ W e~ :-yid s:i~:l assist the parents and Father has agreed. to beaz the financial cost. The focus of e.-hich is intended to address co-parenting issues. 8. Custody evaluation: The parents are strongly encouraged to engage in a custody evaluation with an agreed upon professional. 9. Both parents shall be available by telephone when Lauren is in their respective care. 10. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 11. Holidays: The parents shall arrange/alternate the holiday schedule as mutually agreed. In absence of mutual agreement, Father shall have Easter, Thanksgiving and Christmas with Lauren from 9:00 am unti13:00 pm. Father shall have Father's Day from 1:00 pm until 7:( pm• 12. Vacation: Vacation periods with Lauren-shall be addressed at the scheduled hearing. '_ Neither o?rent e*th~rd p~.rtiesshall sinoke in co~~.d ~T":ti~ ~e.~' :- -- -~_:`-___ ~_ _- automobiles) while Lauren is in their care and custody. 14. 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. 15. In the event of a medical emergency, the custodial party shall notify the other party as soon possible after the emergency is handled. 16. 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. Neither parent, or anyone else transporting Lauren, shall consume alcohol six hours prior to transporting the Child. The parties shall likewise assure, to the extent possible; that other household members and/or house guests comply v~~ith this provision. -` ;~ ~~ 17. This Order is entered pursuant to a Custody Conciliation Conference. The parties may rnod the provisions of this Order by mutual consent. In the absence of mutual consent, the terms t}~;e (lr~ler shall r_nntrnl Distribution: Ann Levin, Esq. River Chase Office Center, 4431 North Front Street, Harrisburg, PA 17110 Andrea Singley, Esq. 63 W. High Street, Gettysburg, PA 17325 John J. Mangan, Esq. IR TRUE COPY' FRO[iA RECORD Irt 7estimt;ny whereof. !here unto set my h. and th ys~e,~l o~f~said at Carlis~e, Pa. rnis -~~~-~'°y of 20 C~Frothone JAMES V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI v. No. 09-2098 CIVIL ACTION LAW ', DEBRA SAVIDGE, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr.,'J. _ CiSTOD~ CO'~CILL-~`TIO~~ SL`~L'~i_~R~'R£POR3' I'! :~C'CC~RD.~'tiCE ~~TTFi CL~I£EFtL_~~~ CQL'+ ice- Pi~ZE O~ C~'~~ i ~C}~~S7LP-" - '. ~~ ~~er~aed Custody Conciliator submits the follog rap~rt: I ~. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Lauren Blake Savidge 01/13/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 13,.2009, an Order issued May 14, 2009 and a conference was held May 13, 2010 with the following individu attendance: The Mother, Debra Savidge, with her counsel, Ann Levin, Esq. The Father, James Hoffinan, with his counsel, Andrea Singley, Esq. 3. Father's position on custody is as follows: Father is requesting that his alternating weekends extended from Friday until Monday morning. Father indicates that his custodial time with Lauren has gone very well. Both Father and Mother indicate that there has been a significant amount of discord in regard to their communication between each other. In light of this, Fath has. agreed to continue with counseling with Casey Shienvold. Furthermore, t+oth Father 2tfl IVi~~_h~ ire t,-i?li g t~ in•,-;,st_`ate ._.-'_:e:I1er a •~astody e~ a' a;cr_ -.:-c_.~ ~= _ -_ . =-~ :: beneficial to the instant matter. Father acknowledges that he does have to «•ork souse htorr_~° quite early and sometimes on the weekend, but that this happens not on a regular basis. Fathe asserts that it is perfectly acceptable for his fiance to transport Lauren to day care when he is not able to do so or if it is more convenient for his fiance to do so. 4. Mother's position on custody is as follows: Mother is not willing to expand Father's custodi time; in fact ~~~ould like to limit or decrease Father's custodial time. Mother indicates that it i not appropriate for Father's fiance to transport Lauren in the morning to day care. Mother asserts that Father does not utilize the time that he currently has with the Child. Mother feels that if Father is not physically present in the morning for Lauren to wake up, Lauren should b spending the night before at her residence (on V~~ednesday or Sunday nights). Mother has concerns about Father working on the weekends and not spending time with Lauren. Mother indicates that if Father is working, the Child should be with her. I~~other has concerns about Father not engaging in counseling, Father not responding to her telephone calls and that Fathe is "not present ~~~ithin reason" when he has custody of Lauren. Ivlother believes that alternati g ~~eekends from Friday until Monday is too Iong of an extended period of time for Father. i r< 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 us would be in the Child's best interest. It is expected that the Hearing will require one half da . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV JAMES V. HOFFMAN, Plaintiff NO. 2009-2098 CIVIL TERM v. DEBRA SAVIDGE, Defendant CIVIL ACTION -LAW IN CUSTODY Prior Judge M.L. Ebert, Jr., J. CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Debra Savidge, Defendant in the action, hereby certify that a true and correct copy of the foregoing Petition for Special Relief served upon Samuel L .Andes, Esquire, counsel for James V. Hoffman, Plaintiff, by depositing same in the United States mail, first class, on August 8, 2012, addressed as follows: Samuel L. Andes, Esquire 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043-1213 Date: ~ ~~1- ~~ -~'- Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra Savidge JAMES HOFFM~4N, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA SAVIDGE, DEFENDANT NO. 09-2098 CIVIL IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16~' day of August, 2012, upon consideration of the Defendant's Petition for Special Relief in the Nature of Request for Order Directing Parenting Coordination, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. Plaintiff will file an Answer on or before September 5, 2012; 3. A hearing on the matter will be held on Wednesday, September 12, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ~ ' -~3 ~ -~~ By the Court, ~ c ~, ~~- -,~;; ~ ~F... ~~ ~ ~ .~ ,_ ~, ~ -- ~~-; ~ z~ _:, M. L. Ebert, Jr., J. c,~a ~ ~F _ /Samuel Andes, Esquire Attorney for Plaintiff 'Darren Holst, Esquire Attorney for Defendant bas ~:~'S M.A. •~~ ~~//~~/at ~E'~'L