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HomeMy WebLinkAbout10-2994JOHN WESLEY ALBRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _N V. NO. 2010- ?g9y CIVIL TERM TIFFANY HOFFMAN, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is John Wesley Albright, (Father). Father's mailing address is P.O. Box 83, Newville, Cumberland County, Pennsylvania, 17241 and his residence address is 833 West Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant is Tiffany Hoffman, (Mother). Mother's address is 51 Tip Top Circle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks periods of partial custody of the minor child: Name Present Residence Age Kayla Hoffman 51 Tip Top Circle Road 6.27.08 DOB, -2 years old Carlisle, PA 17013 Kayla was born out of wedlock. Kayla is presently in the custody of Mother. During her lifetime, Kayla has resided with the following persons and at the following addresses: Name Address Date Tiffany Hoffman Shippensburg, PA birth - unknown date Barry Hoffman Chris Hoffman Tiffany Hoffman 51 Tip Top Circle Road unknown date - present Barry Hoffman Carlisle, PA 17013 Chris Hoffman The parties are no longer in a relationship. 4. Mother resides with the following persons: Name Relationship Barry Hoffman Maternal Grandfather Chris Hoffman Maternal Grandmother 5. Father currently resides with the following persons: Name Relationship Danny Albright Brother Shirley Albright Sister-in-law 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Kayla in this or another court. 7. Father has no information of a current custody proceeding concerning Kayla pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Kayla or claims to have custody or visitation rights with respect to Kayla. 9. The best interest and permanent welfare of Kayla will be served by granting the relief requested for reasons including, but not limited to the following: a) Father has the ability to care for Kayla for periods of partial physical custody. b) Father is able to use his parents' residence to provide a safe and nurturing environment in which to exercise periods of partial physical custody. c) Father has all the necessary items to care for Kayla, during periods of partial custody. d) Father is willing and able to care for Kayla during periods of partial custody and he is committed to establishing and nurturing a healthy father/daughter relationship with her. e) Father is willing to work with Mother to co-parent Kayla and will communicate with Mother to best serve Kayla's interests. f) Mother is not acting in Kayla's best interest in ways including but not limited to the following: i) Mother has allowed her parents to control matters pertaining to Kayla, including decisions if and when Father can see Kayla. ii) The ongoing interference in matters regarding Kayla, Mother and Father, has resulted in Father having little to no relationship with Kayla. iii) When Mother and her parents have permitted Father to have periods of custody with the child, they arbitrarily change the exchange time or refuse to answer the door or "run errands" so that they are not home when Father arrives. This behavior demonstrates a deliberate attempt to interfere with the father/daughter relationship that Father seeks to establish with his daughter. iv) As a result of Mother's inability to take control of the situation with Kayla, Kayla has become confused to the point of seeing the maternal grandfather as her father. This has happened despite Father's desire to be an active and involved father for Kayla. 11. Every person with rights to custody or having actual physical custody of Kayla has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Kayla. 2) Grant Mother primary physical custody of Kayla. 3) Grant Father periods of partial custody with Kayla. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Kayla. 5) Any further relief that this Court finds to be just and proper. Respectfully submitted, Jess a Holst, Esquire Mi Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Tiffany Hoffman with a Complaint For S , 2010 by certified mail, return receipt, restricted delivery, to the Custody on M-M person and addresses below: Tiffany Hoffman 51 Tip Top Circle Drive Carlisle, PA 17013 Date: `, Signature: VERIFICATION The above-named PLAINTIFF, JOHN WESLEY ALBRIGHT, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ?d Date: JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 °?yyyCIVIL TERM CUSTODY c; ;- W PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, John Wesley Albright, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 F,= .z o ~ JOHN WESLEY ALBRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V• 2010-2994 CIVIL ACTION LAW TIFFANY HOFFMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 30, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 02, 2010 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By; /s/ ac ueline M. Verne Es . 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 TELEPHC)NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r~ o ,~ ; $•a• to C~~-• ~'P`~ umberland County Bar Association ~`'~ ~e-~ 32 S th B dford Street g • a • 10 ~ s~~C.c~ec~ ~ n ou e Carlisle, Pennsylvania 170]3 Telephone (717) 249-3166 ~~ . 1~ s ~ (~- c~- v~-_' .~~ _ ~SJ q~ <_ 1 A~ r„ ~ ~,., ~ =- v~ _ . "~ ~a :` ;i .~ ~_ -T: JOHN WESLEY ALBRIGHT, PLAINTIFF V. TIFFANY HOFFMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-2994 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of August, 2010, a hearing on the within petition for special relief shall commence at 3:00 p.m., Tuesday, August 10, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. Jessica Holst, Esquire For Plaintiff ~eri D. Coover, Esquire For Defendant :sal w''J ~ Es /~Latt r..> 8/~/~~ s ", _ -o -- 9~ r;. ,; ~ ~,; i 5 JOHN WESLEY ALBRIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYL~NIA.. ~, C ~ -n V. : N0.2010-2994 CIVIL ACTION - ~ m _n TIFFANY HOFFMAN, z~.._ ~ ~~= , "' z7 ~~~ Defendant ~-' : IN CUSTODY -v ~} p r ORDER OF COURT AND NOW, this _~~~ day of _, 2010, upon consideration of the attached Custody Concilia on Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 2, 2010 shall remain in full force and effect with the following modification: 2. Pazagraph 3A shall be replaced with the following: Beginning September 4, 2010, Father shall have periods of supervised visitation Saturdays and Sundays from 12:00 noon to 7:00 p.m. for one month. The supervisor shall be either Mother, Tiffany Hoffinan, the maternal great grandmother or the paternal grandmother. Paternal step grandfather shall not have any unsupervised contact with the child. 3. All other provisions of the Order of Court dated June 2, 2010 shall remain in full force and effect. 4. This Order is entered pursuant to an agreement of the parties at 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, Albert H. Masland, J. cc: S n D. Coover, Esquire, Counsel for Mother ichael O. Palermo, Jr., Esquire, Counsel for Father ICES ma`i.l 4~ /~~ ~~ _~ JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-2994 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Hoffman June 27, 2008 Mother 2. A Conciliation Conference was held in this matter on September 2, 2010, with the following in attendance: The Mother, Tiffany Hoffman, with her counsel, Sheri D. Coover, Esquire and the Father, John Wesley Albright with his counsel, Michael O. Palermo, Jr., Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated June 2, 2010 providing for shared legal custody, Mother having primary physical custody, with Father having aphased-in period of partial physical custody culminating in alternating weekends. 4. The parties agreed to an Order in the form as attached. Date: 9 - a - ~ o t~1 ~ V cq ine M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN W. ALBRIGHT, CIVIL ACTION -LAW --j Plaintiff IN CUSTODY :: ' = v. NO: 3358-2010 ,... cr-, , TIFFANY HOFFMAN, Masland, J. = { _? Defendant A PETITION TO MODIFY CUSTODY 1. Your Petitioner is John W. Albright, who resides at 833 West Louther Street, Carlisle, Pennsylvania and has a mailing address of P.O. Box 83, Newville, PA 17241. 2. Respondent is Tiffany Hoffman, who resides at 51 Tip Top Circle, Carlisle, Pennsylvania 17013. 3. On June 1, 2010 a Conciliation Conference was held before Jacqueline Verney, Esquire, resulting in an Order of Court signed by Honorable Albert Masland on June 2, 2010. Said Order is attached hereto as Exhibit "A"1. 4. On September 2, 2010 another Conference was held before Jacqueline Verney, Esquire, resulting in a modification to the June 2, 2010 Order as follows: (a) Father shall exercised supervised visitation for one (1) month, beginning September 4, 2010. 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has successfully exercised his periods of custody without incident, thus giving Mother, peace of mind. b) Father wishes to increase the time he and his family spend with the child, to include overnight periods of custody c). Father has been harassed by Mother's family to the point where 1 Pursuant to Cumberland County Local Rule 208.3(a)(2). G1µ- ?0 Pb CIC*- 101-7 P401544 1 he voluntarily declined custody to end the constant bombardment of Complaints made against him by Mother's family. d). It is believed that Mother and her Father routinely drink when out with the child and then drive home with the child in the car. 6. The best interest of the child will be served by the Court in granting the relief sought herein; in that it will build upon the bonds continually strengthening between father and the parties' daughter and minimize continuing conflict an unmet expectations between the parties. 7. Pursuant to Cumberland County Local Rule 208.3(a)(9), Sheri Coover, Esquire, counsel for Mother was contacted regarding the relief sought herein and she does not concur with the same. WHEREFORE, Petitioner prays this Court will modify custody in this case to include shared physical custody of the child between the parties. Date Respectfully submitted, PALERMO LAW OFFICES i Michael O. Palermo, quire 17 W. South Street Carlisle, PA 17013 (717) 254-6986 (direct) (717) 241-2456 (fax) Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN W. ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant CIVIL ACTION -LAW IN CUSTODY NO: 3358-2010 Masland, J. VERIFICATION I verify that I am the petitioner and 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. § 4904, relating to unsworn falsification to authorities. Date: W. Albright&etitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN W. ALBRIGHT, Plaintiff = CIVIL ACTION - LAW IN CUSTODY V. TIFFANY HOFFMAN, Defendant NO: 3358-2010 Masland, J. CERTIFICATE OF SERVICE fh I, Michael O. Palermo, Jr., hereby certify that this I day of March, 2011, I caused a copy of this Petition to Modify Custody to be served upon the following by placing the same in the U.S. Mail, postage prepaid addressed as follows: Sherri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 So certified, Michael O. Palermo, Jr., Esq. JOHN W. ALBRIGHT IN THE COURT OF COMMON PLEAS OF C C) 'n PLAINTIFF CUMBERLAND COUNTY, PENNSYLVg4 N OQ 2010-2994 CIVIL ACTION LAW r-? -4cD n 3c x-- TIFFANY HOFFMAN tV IN CUSTODY DEFT-NDANT -S ORDER OF COURT AND NOW, Monday, March 21, 2011 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 29, 2011 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/ ac ueline M. Verne 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 Cf Carlisle, Pennsylvania 17013 e`Teelephone (717) 249-3166 Y 1 `` ! ?1 -10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c JOHN W. ALBRIGHT, CIVIL ACTION - LAW Plaintiff IN CUSTODY ?70 ? -c? inr --<T? cr o? 4 ?zx V. fl -- C:) o TIFFANY HOFFMAN, CASE NO. 2994-2010 Defendant Cn ` DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO MODIFY CUSTODY WITH COUNTERCLAIM AND NOW, comes Defendant/Respondent, Tiffany Hoffman, by and through her attorney, Sheri D. Coover, Esquire and files the following ANSWER in response to Plaintiff/Petitioner's Petition to Modify Custody and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further explanation, the September 2, 2010 Court Order modified paragraph 3A of the June 2, 2010 Order in that it provided that Plaintiff/Petitioner (hereinafter referred to as "Father") was to have periods of supervised visitation of the child on Saturdays and Sundays during September of 2010. Father exercised these periods of custody as stated by the Order. The September 2, 2010 Order directed that all of the other paragraphs of the June 2, 2010 were to remain in effect. This included Father's paragraph 3B of the June 2, 2010 Order which directs as follows: 470.00 PO Arty e* 644!,2 P?# '9-Vs(0a "[3]B. Once Father has exercised all of his available time provided for in Paragraph 3A, then he shall have two more months of alternating Saturdays and Sundays, at the same time, unsupervised." Father has by his own choice decided not to exercise these unsupervised periods of custody despite the fact that Defendant/Respondent has ever denied Father the opportunity to exercise his periods of custody. (True and correct copies of the June 2, 2010 and September 7, 2010 Orders of Court are hereby attached to this Answer.) 5. a. Admitted in part, denied in part. Mother has concerns about Father's patience with the child during the supervised visits. When the child would cry or fuss, Father threatened that Mother needed to make the child stop fussing or that he would deal with it. Mother interpreted that to mean that Father intended to use physical discipline on the child. b. Neither admitted nor denied. However, the current custody Order that is in effect provides Father with periods of unsupervised custody of the child on Saturdays and Sundays from 10:00 a.m. to 6:00 p.m.. Once these periods of custody have been exercised, Father is directed to have custody of the child on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Mother has not done anything to interfere with Father exercising these periods of custody of the child. Father has willingly decided not to exercise these periods of custody that are already granted to him so it is hard to believe that Father wishes to increase the time that he and his family spend with the child. C. Denied. Allegations of harassment by Father against Mother's family and by Mother's family against Father have been made numerous times in the past. Mother has directed her family not to make any derogatory statements to Father or to third parties about Father. Her family has assured her that they will not make any such derogatory statements and to the best of Mother's knowledge have refrained from doing so. d. Denied. Mother denies drinking alcoholic beverages while the child is in her custody and denies that she has ever driven with the child in the vehicle while she was intoxicated. Mother further denies that her Father has ever driven with the child in the vehicle while he was intoxicated. 6. Denied. Given that Father has decided not to exercise the periods of custody that he is already entitled to, it would not be in the child's best interest to grant him additional periods of custody. 7. Admitted. WHEREFORE, Defendant/Respondent respectfully prays that this Court denies the Plaintiff/Petitioner's Petition to Modify the current Custody Order. DEFENDANT'S MOTION TO MODIFY CUSTODY 8. Defendant incorporates paragraphs 1 through 7 above as contained in their entirety. 9. Mother has concerns about Father having custody of the minor child on Friday afternoons because Father habitually drinks alcohol to the point of intoxication on Friday afternoons and Mother has concerns that Father will not be able to care for the minor child due to his intoxication. WHEREFORE, Mother requests that this Court modify the current custody Order due to her concerns above. 10. Mother requests that her concerns regarding the modification of the custody Order be heard at the same time as Father's Petition to Modify Custody which is currently scheduled for conciliation on April 29, 2011 at 8:30 a.m. WHEREFORE, Mother requests that this Court modify the current custody Order due to her concerns above. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 bnen U. Loover, tsquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN W. ALBRIGHT, CIVIL ACTION - LAW Plaintiff IN CUSTODY V. TIFFANY HOFFMAN, : CASE NO. 2994-2010 Defendant VERIFICATION I, Tiffany Hoffman, hereby verify that I have reviewed the statements contained in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO MODIFY CUSTODY and verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that I may be subject to the penalties of perjury under 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Tiffany o an Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN W. ALBRIGHT, CIVIL ACTION - LAW Plaintiff IN CUSTODY V. TIFFANY HOFFMAN, : CASE NO. 2994-2010 Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this 6th day of April, 2011, 1 caused a copy of the DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO MODIFY CUSTODY WITH COUNTERCLAIM to be served upon counsel for the Father: Michael O. Palermo, Jr. 17 W. South Street Carlisle, PA 17013 Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 7 JUN .02 Zola JOHN WESLEY ALBRIGHT, : IN THE COURT OF COMMON PLEAS OF P : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2910-2994 CIVIL ACTION - ;a; TIFFANY HOFFMAN. : Defendant : IN CUSTODY ORDEROFCOURT 0 AND NOW, this 9 day of -'7-6t K C , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John Wesley Albright and the Mother, Tiffany Hoffman, shall have shared legal custody of Kayla Hoffman, born Jerre 27, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- anergency 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 the other parent. To the extent one parent has possession of any such records or information, that panmt shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medic"eatment planning meetings and evaluations with regard to the minor child. parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to than as parents including, but not limited to: medical records, birth certificam, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following phased-in periods of partial physical custody: A. Beginning June 5 and 6, 2010, and for the next 2 months, alternating Saturdays and Sundays from 10:00 a.m. to 6:00 p.m. supervised. The supervisor shall be either Mother, Tiffany Hoffman, the maternal great grandmother, or the paternal grandmother. Paternal step grandfather shall not have any unsupervised contact with the child. B. Once Father has exercised all of his available time provided for in Paragraph 3A, then he shall have two more months of alternating Saturdays and Sundays, at the same times, unsupervised. C. Once Father has exercised all of his available time provided for in Paragraph 3B, then he shall have alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. 4. The parties shall share transportation such that the receiving party shall trIumport- 5. Holidays/Vacation: A. Beginning in 2011, each petty shall have 2 non-consecutive weeks of physical custody in the summer, provided they give the other party 30 days prior mice along with the location and a telephone number where they may be contacted. B. Thanksgiving shall be shared such that the Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody from 3:00 p.m. to 9:00 p.m. C. Christmas shall be divided into two Blocks. Block A shall be fi+om 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day and Block B shall be fi+om 12:00 noon Christmas Day to 12:00 noon on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered yeam D. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. 6. The parties shall have reasonable telephone contact with the child. 7. Neither party may use illegal drugs or drink alcoholic beverages to the point of intoxication immediately prior to or during their periods of physical custody. Neither party may smoke in the preso of the child are shall prevent third parties from smoking in the child's presence. 8. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the: other parent. 9. This order is entered pursuant to an agreement of the parties at 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, cc Hol Esquire, L Services, Counsel for Father Gregory HaxleEsquire, Counsel f for o cc .na.t LCU L 3?t0 a 5 JOHN WESLEY ALBRIGHT, : IN THE COURT OF COMMON PLEAS OF Pbdatilf : CUMBERLAND COUNTY, PENNSYL o V. : NO. 2010-29% CPAL ACTION - TIFFANY HOFFMAN, -' _ Defendant : IN CUSTODY Me -Q'1 t ORDER OF COURT co AND NOW, this day of 2010, upon consideration of the attached Custody Conch' Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 2, 2010 shall remain in full force and effect with the following modification: 2. Paragraph 3A shall be replaced with the following: Beginning September 4, 2010, Father shall have periods of supervised visitation Saturdays and Sundays from 12:00 noon to 7:00 p.m. for one month. The supervisor shall be either Mother, Tiffany Hoffman, the maternal great grandmother or the paternal grandmother. Paternal step grandfather shall not have any unsupervised contact with the child. 3. All other provisions of the Order of Court dated June 2, 2010 shall remain in full force and effect. 4. This Order is entered pursuant to an agreement of the parties at 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, Albert H. Masland, J. cc: §W D. Coover, Esquire, Counsel for Mother 'Ochael O. Palermo, Jr., Esquire, Counsel for Father %,-.m -at /10 tx"i JOHN W. ALBRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA 3 V. 2994-2010 CIVIL ACTION LAW Znr c a rr 1 ° TIFFANY HOFFMAN , IN CUSTODY =(=> -- r7 DEFENDANT 37 Q ORDER OF COURT AND NOW, _ Friday, Ap ril 08, 2011 , upon consideration of the attached Co mpla int, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 29, 2011__ 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/ ac ueline M. Verne 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 c 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 5 JOHN WESLEY ALBRIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVA,?NIA a V. : NO. 2010-2994 CIVIL ACTION - Le4,4 s , c rn . <»? TIFFANY HOFFMAN, r6:: 7- U _a Defendant : IN CUSTODY ' C ORDER OF COURT rv AND NOW, this day off Gt ?t ,1 , 2011, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The prior Orders of Court dated June 2, 2010 and September 7, 2010 are hereby vacated. 2. The Father, John Wesley Albright and the Mother, Tiffany Hoffman, shall have shared legal custody of Kayla Hoffman, born June 27, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following phased-in periods of supervised visitation 7i t_ t-I and partial physical custody: A. Beginning Saturday, August 6, 2011, two consecutive Saturdays, from 12:00 noon to 2:00 p.m. supervised by Mother at the North Middleton Park. B. After two supervised Saturdays, then Father shall have physical custody of the child every Saturday for four consecutive Saturdays, unsupervised, from 10:00 a.m. to 4:00 p.m. C. Once Father has exercised four consecutive Saturdays of 6 hour custody, then he shall have physical custody for four consecutive Saturdays from 10:00 a.m. to 6:00 p.m. D. Once Father has exercised all of the times provided in A, B, and C., then Father shall have physical custody for alternating weekends, Friday at 6:00 p.m. to Sunday at 6:00 p.m. 5. The parties shall share transportation such that the relinquishing party shall transport. 6. Paternal step grandfather shall not have any unsupervised contact with the child. 7. HolidaysNacation: A. Beginning in 2011, each party shall have 2 non-consecutive weeks of physical custody in the summer, provided they give the other party 30 days prior notice along with the location and a telephone number where they may be contacted. B. Thanksgiving shall be shared such that the Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody from 3:00 p.m. to 9:00 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day and Block B shall be from 12:00 noon Christmas Day to 12:00 noon on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. D. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. 8. The parties shall have reasonable telephone contact with the child. 9. Neither party may use illegal drugs or drink alcoholic beverages to the point of intoxication immediately prior to or during their periods of physical custody. Neither party may smoke in the presence of the child and shall prevent third parties from smoking in the child's presence. 10. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to an agreement of the parties at a 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, Albert H. Masland, J. cc: Sheri D. Coover, Esquire, Counsel for Mother n N( ? Michael O. Palermo, Jr., .Esquire, Counsel for Father 8'9?? JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-2994 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Hoffman June 27, 2008 Mother 2. A Conciliation Conference was held in this matter on August 2, 2011, with the following in attendance: The Father, John Wesley Albright with his counsel, Michael 0. Palermo, Jr., Esquire and the Mother, Tiffany Hoffman, with her counsel, Sheri D. Coover, Esquire. 3. The Honorable Albert H. Masland previously entered Orders of Court dated June 2, 2010 and September 7, 2010 providing for shared legal custody, Mother having primary physical custody, with Father having a phased-in period of supervised physical custody culminating in alternating weekends. 4. The parties agreed to an Order in the form as attached. Date: C? acq ine M. Verney, Esquire Custody Conciliator JOHN WESLEY ALBRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-2994 CIVIL ACTION -C?,AW , TIFFANY HOFFMAN "Mw ^ , Defendant. IN CUSTODY ? U' cn r~ n -<> N c.a 'V c , r -:z c' PETITION FOR CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER AND NOW comes the Plaintiff, John Wesley Albright, by and through his counsel, Brian Linsenbach, Esq., Alina M. Dusharm, Esq. and the firm Stone, Duncan & Linsenbach, PC, and avers as follows: 1. On August 8, 2011, the Honorable Albert H. Masland entered a shared custody order with a phase-in period of supervised visitation and partial physical custody of minor child, Kyla Hoffman. A true and correct copy of that Order is attached as Exhibit "A." 2. Since the entry of that Order, the Respondent has willfully failed to obey the Order as follows: a. After Phase "A", of two consecutive Saturdays supervised by Respondent, Respondent failed to bring the child, Kyla Hoffman, to any further visitations. b. The next phase requires that Father shall have physical custody of Kyla for four consecutive Saturdays, unsupervised for a six hour period. c. Respondent refuses to comply with phase "B", or any additional phase, and has stated to John that she will never allow him to see Kyla unsupervised. 4 8a oo pd AT" cl? 4aga k'? a7o0g4 d. Respondent refuses to answer her phone or speak to John about visitations with his daughter, despite John's numerous phone calls and voicemail messages on her phone. e. Petitioner has not been allowed to see his daughter or have any contact with her since August of 2011. WHEREFORE, Petitioner prays this Court to hold Respondent in contempt of Court. DATE: / Z'111 Z, STONE, DUNCAN & LINSENBACH, PC BRIAN LINSENBACH, ESQUIRE I. D. #760 ALINA M. SHARM ESQUIRE I.D. #309861 Attorneys for Petitioner 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 VERIFICATION The above Petition is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Petition is that of counsel and not of me. I have read the Petition and to the extent that the Petition is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition is that of counsel, I have relied upon counsel in making this verification. hereby verify that the facts set forth in the aforesaid Petition are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: - I7- ,a B y EXHIBIT A JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-2994 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 64" day of `f ' , 2011, upon consideration of the attached Custody Conciliati(Qk Report, it is ordered and directed as follows: 1. The prior Orders of Court dated June 2, 2010 and September 7, 2010 are hereby vacated. 2. The Father, John Wesley Albright and the Mother, Tiffany Hoffman, shall have shared legal custody of Kayla Hoffman, born June 27, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding 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 the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following phased-in periods of supervised visitation and partial physical custody: A. Beginning Saturday, August 6, 2011, two consecutive Saturdays, from 12:00 noon to 2:00 p.m. supervised by Mother at the North Middleton Park. B. After two supervised Saturdays, then Father shall have physical custody of the child every Saturday for four consecutive Saturdays, unsupervised, from 10:00 a.m. to 4:00 p.m. C. Once Father has exercised four consecutive Saturdays of 6 hour custody, then he shall have physical custody for four consecutive Saturdays from 10:00 a.m. to 6:00 p.m. D. Once Father has exercised all of the times provided in A, B, and C., then Father shall have physical custody for alternating weekends, Friday at 6:00 p.m. to Sunday at 6:00 p.m. 5. The parties shall share transportation such that the relinquishing party shall transport. 6. Paternal step grandfather shall not have any unsupervised contact with the child. 7. HolidaysNacation: A. Beginning in 2011, each party shall have 2 non-consecutive weeks of physical custody in the summer, provided they give the other party 30 days prior notice along with the location and a telephone number where they may be contacted. B. Thanksgiving shall be shared such that the Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody from 3:00 p.m. to 9:00 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day and Block B shall be from 12:00 noon Christmas Day to 12:00 noon on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. D. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. 8. The parties shall have reasonable telephone contact with the child. 9. Neither party may use illegal drugs or drink alcoholic beverages to the point of intoxication immediately prior to or during their periods of physical custody. Neither party may smoke in the presence of the child and shall prevent third parties from smoking in the child's presence. 10. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to an agreement of the parties at a 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, Albert H. Masland, J. cc: Sheri D. Coover, Esquire, Counsel for Mother Michael O. Palermo, Jr., Esquire, Counsel for Father TRUE COPY FROM RECORD In TGG*W r wfwad. I hero unto set my hand WW VW am of pid at CarMsla, Pa. K ?Y JOHN WESLEY ALBRIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-2994 CIVIL ACTION - LAW TIFFANY HOFFMAN, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Hoffman June 27, 2008 Mother 2. A Conciliation Conference was held in this matter on August 2, 2011, with the following in attendance: The Father, John Wesley Albright with his counsel, Michael 0. Palermo, Jr., Esquire and the Mother, Tiffany Hoffman, with her counsel, Sheri D. Coover, Esquire. 3. The Honorable Albert H. Masland previously entered Orders of Court dated June 2, 2010 and September 7, 2010 providing for shared legal custody, Mother having primary physical custody, with Father having a phased-in period of supervised physical custody culminating in alternating weekends. 4. The parties agreed to an Order in the form as attached. Date: 9'Z' I acq ine M. Verney, Esquire Custody Conciliator JOHN WESLEY ALBRIGHT IN THE COURT OF COMMON PLEAS OF PLIUNTIFF CUMBERLAND COUNTY, PENNSYLVANJ_A2010-2994 CIVIL ACTION LAW 2010-2994 CIVIL ACTION LAW TIFFANY HOFFMAN IN CUSTODY DI`FF.NDANT ORDER OF COURT AND NOV1'. Thursday, January 26, 2012 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland Country Courthouse, Carlisle on Tuesday February 14, 2012 at 10:30 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 alopear 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: 1s/ Hubert X. Gilroy 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 A]"FORNEY 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 71; J.5&t7a j ne (717) 249-3166 e'o 4)1 ?? Mir lt°c? ? ??? ' _ ?o as7 ??!/???' ,6f O/ -/'(oy-s ? ?y JOHN WESLEY ALBRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW TIFFANY HOFFMAN, NO. 2010-2994 Defendant IN CUSTODY COURT ORDER iO AND NOW, this day of February, 2012, upon consideration of the attached Custody Conciliation. Report, it is ordered and directed that this Court's prior Order of August 8, 2011, shall remain in place subject to the following modifications: 1. Father's periods of partial custody on Saturdays as set forth in Paragraph 4 C of the August 8, 2011, Order shall commence on Saturday, February 18, 2012, and Father shall have four (4) consecutive Saturdays of six (6) hours of custody with the minor child. Mother shall deliver the child to Father's home on Saturday morning at 10:00 a.m. and Father shall return the child to Mother's home on Saturday at 6:00 p.m. 2. After the four (4) consecutive Saturdays as set forth above, Father's periods of partial custody shall be on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and all other provisions of the August 8, 2011, Order shall remain in place. 3. Mother is directed to abide by this Order and the August 8, 2011, Order. In the event Father believes Mother is not abiding by the Order, legal counsel for the Father may contact the Custody Conciliator directly via a letter and a phone call to request that this matter be scheduled before the Court for a hearing on Father's petition to hold Mother in contempt. In the event Mother has retained counsel by that time and Mother's counsel has contacted legal counsel for the Father, Father's attorney shall include Mother's attorney in any communications with the Custody Conciliator. It is noted that the Mother is advised that she may be subject to punitive measures including fines and a direction to pay Father's attorney's fees in the event this matter must come before a hearing on contempt. BY THE COURT: Albert H. Masland, Judge cc: Brian Linsenbach Esquire 3 N n --i , ? Ms. Tiffany Hoffman ro x rn M m ?Sheri D. Coover, Esquire w <> o eOp e'.S vad-eol( r-? --+ca L =CD o C::, ?;, ? --ate' '? o JOHN WESLEY ALBRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW TIFFANY HOFFMAN, NO. 2010-2994 Defendant IN CUSTODY Prior Judge: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Kayla Hoffman, born June 27, 2008 2. A Conciliation Conference was held on February 14, 2012, with the following individuals in attendance: The father, John Wesley Albright, who appeared with his counsel, Brian Linsenbach, Esquire, and the mother, Tiffany Hoffman, who appeared without counsel. 3. The parties were before a different Custody Conciliator this past August and entered an agreed Order that is very detailed and provided for specific periods of temporary custody for the Father. Father indicates that Mother only abided by the first two or three weekends of custody and he has not seen the child since August. Mother suggested that the child, who is only three years old, is indicating to the Mother that she does not want to go to visit with the Father. The Conciliator impressed upon the Mother the fact that she has the obligation of ensuring that the Father has quality time with the minor child and she has the obligation of abiding by the custody Order. The Conciliator recommends that the Mother be given an opportunity to cure the current situation, but in the event she continues to violate the Order in the future, the arrangement should be such that the case will be referred to a Judge for a hearing with a recommendation by the Conciliator that some type of punitive measures be taken against the Mother to have her enforce the Order. The rationale for the Conciliator's position on this is that simply Mother is indicating the child does not want to go with the Father and there is no allegation of abuse or other issues involving the Father. 4. The Conciliator recommends an Order in the form as attached. Date: February /? , 2012 JOHN WESLEY ALBRIGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA r-n ? ?o- aqa? =M V. =2999-CIVIL ACTION LAW .? TIFFANY HOFFMAN IN CUSTODY I C= r"3 DEFENDANT - to ORDER OF COURT AND NOW, Tuesday, March 13, 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, April 20, 2012 at 10:30 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/ jo)?nJ. Mangan, jr., Esg?? 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 • 06,11E c,01 V, ^w leW A:- V fQlr cop y ^w/tod f ?,? 11S ?aG??i°- EGA<lla7?r r7j JOHN WESLEY ALBRIGHT, Plaintiff/Respondent V. TIFFANY HOFFMAN, Defendant/Petitioner C(? hti) !'1 rnrv N L r -Z 7 - C i C-- IN THE COURT OF COMMON PLS C CUMBERLAND COUNTY, PENNS-YLVANI 10 . a94y N0:-99-+i?4 CIVIL ACTION LAW IN CUSTODY ANSWER AND NEW MATTER TO COMPLAINT/PETITION TO MODIFY CUSTODY ORDER ANSWER AND NOW, comes the Defendant, JOHN WESLEY ALBRIGHT, by and through his attorney, Brian C. Linsenbach, Esquire, of STONE, DUNCAN & LINSENBACH, P.C., and files this Answer to Complaint/Petition to Modify Custody Order, and respectfully stating in support thereof the following: Plaintiff/Respondent is John Wesley Albright (hereinafter "Father"), who has a mailing address at P. O. Box 83, Newville, Pennsylvania 17241. Father refuses to furnish a residential address to Defendant/Petitioner. ANSWER: Admitted in part and denied in part. It is admitted he is the father and has a mailing address of P. O. Box 83, Newville, PA. Father does have a residential address; however is not able to receive mail at that address. Father lives off of Mountain Road in Dillsburg, PA. Furthermore, if necessary, Father can use his parents' address as a permanent address and obtain a P. O. Box in Dillsburg for a mailing address in the future, if the Court deems it is necessary. 2. Defendant/Petitioner is Tiffany Hoffman (hereinafter "Mother"), who resides at 57 Tip Top Circle, Carlisle, Pennsylvania 17015. ANSWER: Admitted. 3. The parties are the nature parents of the following minor child: Name Present Residence D.O.B. Kayla Hoffman 57 Tip Top Circle June 27, 2008 Carlisle, PA 17015 The child was born out of wedlock. ANSWER: Admitted. 4. On August 8, 2011, the Honorable H. Masland, Judge of the Court of Common Pleas, entered a Custody Order, which is appended to this Complaint/Petition. This Order replaced prior Orders of June 2, 2010 and September 7, 2010. ANSWER: Admitted. 5. The child is presently in the custody of Mother, who resides at 57 Tip Top Circle, Carlisle, Pennsylvania 17015. ANSWER: Admitted. 6 addresses: Since birth, the child has resided with the following persons and at the following Name Tiffany Hoffman Tiffany Hoffman Christina Hoffman Barry Hoffman ANSWER: Admitted. Residences 57 Tip Top Circle Carlisle, PA 17015 51 Tip Top Circle Carlisle, PA 17015 Dates 01 / 11-present 06/27/08-01/11 7. The Mother of the child is Tiffany Hoffman, who is residing at 51 Tip Top Circle, Carlisle, PA 17015. She is single. ANSWER: Admitted in part and unsure in part. Unsure of residence, as it does not agree with No. 6., 57 Tip Top Circle being the present address. Admitted she is single. 8. The Father of the child is John Wesley Albright, who refuses to give a residence address. His mailing address is P. O. Box 83, Newville, PA 17241. He is single. ANSWER: Admitted in part and denied in part. It is admitted that John is the father and his mailing address is P. O. Box 83, Newville, PA 17241 and admitted that he is single. It is denied that he refuses to give a residence address. 9. The relationship of the Mother to the child is that of mother-child. The child is currently living with the mother. ANSWER: Admitted. 10. The relationship of the Father to the child is that of father-child. ANSWER: Admitted. 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. ANSWER: Admitted. 12. Prior to the conciliation which resulted in the custody order of August 8, 2011, Father was to have various periods of supervised custody. Nevertheless, on or about June 2011, Father did not appear for his periods of supervised custody. During the first such scheduled visit, the maternal grandmother, Idella Hench, appeared to supervise the visit. Once Father saw maternal grandmother, he refused to continue the visit. ANSWER: Admitted in part and denied in part. It is admitted that Father was to have various periods of supervised custody under the Order dated August 8, 2011. It is denied that Father did not appear for his supervised custody. In fact, it is the Mother who has prevented the child from seeing the Father on numerous occasions, and in fact it was necessary to file a Petition of Contempt to force her to abide by the prior Order. 13. After the August 8, 2011 custody order was entered, Father never completed the phase-in step required under paragraph 4B of that Order (four consecutive Saturdays from 10:00 a.m. to 4:00 p.m.) ANSWER: Denied. Mother prevented Father from seeing the child. 14. At the Conciliation held on August 2, 2011 with Conciliator Jackie Verney, Defendant/Petitioner, Tiffany Hoffman, did not receive the effective assistance of counsel and was pressured into accepting an agreement which she did not believe was in the best interests of her child. ANSWER: Denied. Defendant/Petitioner had the effective assistance of counsel and agreed to a custody order, and is now being pressured by her parents to violate that order and to try to change it. Further, the effective assistance of counsel defense only applies in criminal proceedings and not in civil proceedings. 15. On January 23, 2012, Father filed a Contempt Petition. A Conciliation was held on February, 14, 2012, during which period of time Defendant/Petitioner Hoffman's attorney did not appear. When Defendant/Petitioner indicated that she would not go forward without a lawyer, she was apparently told she had to do so. The Court Order resulting from that Conciliation, dated February 17, 2012, is appended to this Petition. ANSWER: Admitted in part and denied in part. It is admitted that we filed a Contempt Petition and a Conciliation was held, and that Defendant/Petitioner Hoffman's attorney did not appear.. It is denied that Defendant/Petitioner indicated that she would not go forward without a lawyer. Further, this was a Contempt Petition for her not abiding by a Court Order and therefore she had no choice but to attend the hearing and answer the contempt charges. 16. The best interests and permanent welfare of the child will be furthered by granting primary physical custody to Mother, with periods of partial physical custody only under conditions of supervision to Father at North Middleton Park or other location, as a result of: a) Father is an alcoholic who telephones and leaves nasty voicemails when he is drunk; b) Father is reputed to grow marijuana plants in Newville at Harry Barrick's camp site; and c) Father does not have a reliable residence for custody periods. He has refused to give Mother a residential address where the child will visit during periods of partial custody. Father has been living in a Fifth Wheel Camper with no working indoor bathroom. ANSWER: Denied. It is not in the best interest and permanent welfare of the child to have primary physical custody with mother with periods of partial physical custody as Defendant/Petitioner requests. Furthermore, 16(a) is denied and Father is not an alcoholic who telephones and leaves nasty, voicemails. And further under 16(b), this is a scandalous accusation that is unfounded and completely false. Furthermore, Father has not been to Barrick's camp site in years. Under 16(c), Father does have a reliable residence for custody periods, and Mother actually has been dropping the child off to Father the past couple weeks. Father does live in a Fifth Wheel Camper and it does have an adjacent bathroom. These matters were already litigated in the prior hearings and are not at issue. Furthermore, if the Court deems it is necessary that the child cannot stay with the Father at the camper, the paternal grandparents have opened their home to Father and child, where they have separate bedrooms for both that they may use and stay during the periods of partial custody. WHEREFORE, the Father requests that this Court: a) dismiss Mother's Petition and uphold the prior Custody Order. b) sanction Defendant/Petitioner with regards to the prior contempt proceeding, this Complaint and Petition, and pay Father's reasonable attorney fees. NEW MATTER 17. Paragraphs 1 through 16 are incorporated herein by reference, as if set forth fully herein. 18. Mother has refused to bring the child to Father, and will not answer the phone on numerous occasions, even after Father's attorney was involved and had the Father call from a different phone. 19. Father is willing to submit voluntarily to a custody evaluation, provided the Defendant/Petitioner pays for its expense. 20. Father requests that there be a psychological evaluation of the child. 21. Father believes and avers from statements of the daughter that Mother has very little food in the house and that daughter and mother must walk to maternal grandparents' home for food. 22. Daughter has told Father that the maternal grandparents take most of the food stamps from Mother so that most of the food is bought and kept at the maternal grandparents' home. 23. The Mother has no vehicle for transportation and must rely on the maternal grandparents and thus is subject to their will and pressures. 24. The Mother has no job and has not had reliable employment for a number of years. 25. It is believed and averred that Mother and maternal grandparents take the child to different bars and taverns and imbibe alcoholic beverages to the extent that they are legally intoxicated and then drive home with the child. 26. Daughter has stated to the Father on numerous occasions that she wants to live with Father and not with Mother because of the living situation with the grandparents. 27. The paternal grandfather has confronted the Plaintiff/Respondent recently and stated that if Father thinks he won the conciliation he did not because he is going to make sure "John never sees his daughter." 28. It is believed and averred that the maternal grandparents as well as the Mother are making derogatory statements to the child about the Father and continually try to make the relationship between Father and child difficult. WHEREFORE, the Father requests that this Court: a) dismiss Mother's Petition and uphold the prior Custody Order. b) sanction Defendant/Petitioner with regards to the prior contempt proceeding, this Complaint and Petition, and pay Father's reasonable attorney fees. Dated: -7 I 16 ? c1- Respectfully submitted, Brian C. Lins nbach, Esquire (#87360) Stone, Duncan & Linsenbach, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: (717) 432-2089 Fax: (717) 432-0158 VERIFICATION I, JOHN WESLEY ALBRIGHT, do verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18.Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 3 & ` ?a -Z 0'/- U ?' -a JO WESLEY AL IGHT JOHN WESLEY ALBRIGHT, Plaintiff vs. TIFFANY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2994 IN CUSTODY Prior Judge: The Honorable Albert H. Masland COURT ORDER AND NOW, this day of March, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Custody Conciliation scheduled in the above matter on Friday, April 20, 2012, at 10:30 a.m. is cancelled. 2. A hearing is scheduled in the above referenced case in Court Room No. 1 of the Cumberland County Courthouse on the 2 5U day of , 2012 at ?• 30 o- in. At this hearing. The Court will address fathers Petition to hold mother in Contempt of Court for violation of the Order and will also address mother's Petition for Modification of the existing Custody Order. Father's Motion for mental examination and home study and father's Petition to require the posting of a Compliance Bond by the mother shall also be addressed at this hearing. Father shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each parry and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 3. Pending further Order of this Court, this Court's prior Order of February 17, 2012, which incorporated the prior Order of August 8, 2011, shall remain in place. 4 MOTHER IS AGAIN DIRECTED THAT SHE MUST ABIDE BY THE EXISTING CUSTODY ORDERS AND THAT A FINDING OF CONTEMPT MAY BE ISSUED AGAINST HER IF SHE DOES NOT ABIDE BY THE ORDERS AT WHICH TIME THE COURT COULD IMPOSE APPROPRIATE SANCTIONS ON THE MOTHER. BY THE COURT: ,l cc VAlb6rt`H. Masland, Judge ? Brian Linsenbach, Esquire r/ John Kerr Esquire , ?a?? es cvtcs . l - d JOHN WESLEY ALBRIGHT, Plaintiff vs. TIFFANY HOFFMAN, Defendant Prior Judge: The Honorable Albert H. Masland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2994 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: This matter comes before the undersigned Conciliator as a result of a March 13, 2012 letter from counsel for the mother. The history is that the parties were before the Custody Conciliator in August of 2011 at which time the parties agreed to a very detailed Order. Father alleged that mother was not abiding by the Order and father filed a Motion to hold the mother in Contempt. A Conciliation Conference was held on that Motion on February 14, 2012. 2. At the February 14, 2012, Conciliation, the mother agreed to start to continue to abide by the Custody Order and agreed to a number of modifications. That agreement was reflected in a February 17, 2012, Order of Court which included a directive for the mother to continue to abide by the Custody Order. 3. Mother has now retained counsel, and her new counsel has filed a Petition to modify the existing Order. That petition was originally scheduled before Conciliator Mangan for a conference on April 20, 2012. In the meantime, counsel for the father wrote to the undersigned Conciliator asking that the matter be set for a Court hearing as soon as possible because the mother is continuing to violate the prior Order. In fact, paragraph 3 of the February 17, 2012, Order specified that if father believes that mother is continuing not to abide by the Order after the February 2012 Conciliation Conference, legal counsel for the father could contact the Conciliator to request the matter be scheduled for a hearing. 4. It is the view of the undersigned Conciliator that another Conciliation Conference will not aid in resolution of this case. Since the mother is violating the Order, this case needs to be scheduled before the Court as soon as possible. The Conciliator recommends an Order in the form as attached. Father has now filed a Motion requesting a mental evaluation and home study of the child and a separate Motion seeking a Compliance Bond be posted in this case. The Conciliator suggests that those matters also be address at the hearing in this case. Date: March 0 , 2012 64??4 Hubert X. Gilro squire Custody Cone' iator 21;12 APR --4 PM 2= 43 PENNSYL?VACOUNTf N A JOHN WESLEY ALBRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY HOFFMAN, Defendant/Petitioner ?6- a!i" NO. 04-4240 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE This day of Mo rr. h , 2012, Brian C. Linsenbach, Esquire, of Stone, Duncan & Linsenbach, PC, certifies that I have served a copy of the foregoing Answer and New Matter to Complaint/Petition to Modify Custody Order, Petition for Mental Examination and Home Study of the Child, and Petition to Require Compliance Bond: John Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Respectfully submitted: STONE, DUNCAN & L.I-NSENBACH, PC Brian C. Linsenbach, Esquire Attorney for Petitioner Attorney ID No. 87360 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 JOHN WESLEY ALBRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA in-aaay v. NO. 09 42 CIVIL ACTION LAW IN CUSTODY TIFFANY HOFFMAN, rn Defendant -o-;-, -< > -. cs - MOTION FOR CONTINUANCE = '? AND NOW COMES, Plaintiff, John Wesley Albright, by and through his counsel, Brian C. Linsebach, of Stone, Duncan, & Linsenbach, PC and respectfully requests that this Court grant a continuance of the hearing regarding the Plantiff's Petition to hold mother in Contempt of Court, which is scheduled on May 25, 2012. The grounds for the motion are that: 1. Judge Albert H. Masland previously ruled on March 27, 2012 that a hearing be scheduled on May 25, 2012 to review father's Petition to hold mother in Contempt of Court for violating a Court Order, as well as mother's Petition for Modification of the existing Custody Order, Father's Motion for mental examination and home study, and father's Petition to require the posting of a Compliance Bond by mother. 2. Attorney Linsenbach will be out of town on May 25, 2012 in order to deal with family matters and is unable to attend. 3. Currently, mother is complying with the custody order and a determination of contempt is not urgent. 4. Since this hearing will be held in order to resolve several different disputes, and is in regard to the history of the case up until now, it is important that Attorney Linsenbach be able to attend to represent his client. 5. Attorney John Kerr, counsel for mother, has concurred in this motion. 6. A continuance is necessary at this time as counsel has important family commitments. 7. In order to avoid any further delays in this matter, counsel has conferred with Attorney Kerr to determine any other potential scheduling conflicts, and have listed the following dates that the parties would be unavailable in order to aid in the rescheduling of this hearing: a. June 6'h-8'h, 11th-15'h b. July 3rd-8th c. August 7th-10th, 12'h-19'h WHEREFORE, for the foregoing reasons, it is requested that this Honorable Court grant the request for continuance to allow Plaintiff's counsel to attend the hearing. Stone, Duncan & Linsenbach, PC Ile Brian C. Linsenbach, Esquire (#87360) Attorney for Petitioner 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 JOHN WESLEY ALBRIGHT, Plaintiff/Respondent V. TIFFANY HOFFMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4240 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE This 17th day of May, 2012, Brian C. Linsenbach, Esquire, of Stone, Duncan & Linsenbach, PC, certifies that I have served a copy of the foregoing Motion for Continuance on the following: John Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Respectfully submitted: STONE, DUNCAN & LINSENBACH, PC Brian C. Linsenbach, Esquire Attorney for Petitioner Attorney ID No. 87360 8 N. Baltimore Street Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 (2:) JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA to-aggy NO-09=4-246, CIVIL ACTION LAW IN CUSTODY ORDER 'd AND NOW, this day of , 2012, upon consideration of Plaintiff's Motion For Continuance, said Motion is h eby GRANTED. It is further ORDERED AND DECREED that the hearing shall be continued from May 25, 2012, at 8:30 A.M. until ,, 3? ao ry ct /: 00 PM, BY THE COURT: J. cc: ? Brian Linsenbach, Esquire ?., John Kerr, Esquire =M T? CD -ti s - JOHN WESLEY ALBRIGHT, Plaintiff V. TIFFANY HOFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2994 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of July, 2012, the parties having appeared in open court and together with counsel having reached an agreement, after relating the same to the Court, order and direct as follows: 1. The Court's prior custody orders of August 8, 2011, and February 17, 2012, shall remain in full force and effect except as modified below. 2. The holiday schedule is modified to add the following alternating holidays: Memorial Day, July 4th, Lab>r Day, New Year's Eve, and New Year's Day. Father shall enjoy ?,abor Day 2012, and the parties shall alternate the holidays thereafter. The parties further agree that on any holiday of which the maternal great grandmother is working father will he responsible for providing transportation. 3. The parties agree that the minor child may reci:?ive counseling services at Guidance Associates from Lauren Polso?, with these services being provided primarily to determine a reason for the child's crying episodes during the evening. if there is any charge for these services which is not covered Dy insurance, the parties agree to split those costs equally. 4. No alcoholic beverages or illegal drugs will be consumed by either party or any individuals present in the household during their respective periods of custody. 5. Unless otherwise agreed upon, custody exchanges will take place at the Rutter's store on Route 74 between Dillsburg and Carlisle. 6. Father shall provide a cellphone for the child to enable father to call the child in the evening before bedtime and at other reasonable times. 7. Pursuant to paragraph 7A of the August 8, 2011, order of court, father will enjoy one uninterrupted week of custody commencing on September 10, 2012, at 10:00 a.m. 8. Father agrees to withdraw his petition for contempt. By the Court, Albert H. Mas nd, J. Brian C. Linsenbach, Esquire For Plaintiff V John M. Kerr, Esquire For Defendant ter- r,? v V Sheriff prs O ? J w, ??L