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HomeMy WebLinkAbout02-0574 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No, O;l- S'7~ Clu~l'-r~ : CIVIL ACTION - LAW : DNORCE PATRICIA A. HUFF, Plaintiff CLARKK. HUFF, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 PATRICIA A. HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 0;2. - S?1 : CIVIL ACTION - LAW : DIVORCE C.L~~ L ~'iA..~ CLARK K. HUFF, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Dena Fanucci, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: Count I - Divorce 1. The Plaintiff, Patricia A. Huff, is an adult individual who currently resides at 658 Market Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant, Clark K. Huff, is an adult individual who currently resides at 104 S. 36th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and the Defendant were married on September 22, 1990 in Red Lion, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. There is one Dependent child from this marriage, namely Erin Marie Huff, born January 20,1992. 9. This action is not collusive. Count II - Equitable Distribution of Marital Property Pursuant to S3S02 of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 12. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 13. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may detennine equitable and just. Count m - Custodv 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The Plaintiff seeks primary of the following child: Name Present Residence ~ 10 yrs. Erin Marie Huff 658 Market Street Lemoyne, PA 17043 The child, Erin Marie Huff, is presently in the custody of her mother, Plaintiff Patricia A. Huff, who resides at 658 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. For the past five years, the child has resided with the following persons and at the following addresses: Name Address Dates Plaintiff 658 Market Street Lemoyne, PA 17043 12/30/01 to present Plaintiff & Defendant 658 Market Street Lemoyne, P A 17043 1997 to 12/30/01 The natural mother of the child is Patricia A. Huff, Plaintiff, currently residing at 658 Market Street, Lemoyne, Cumberland County, Pennsylvania, 17043. The natural father of the child is Clark K. Huff, Defendant, currently residing at 104 S. 36th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 16. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: the subject child, Erin Marie Huff 17. The relationship of the Defendant to the child is that of natural father. It is unknown with whom Defendant resides, if anyone. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child 20. The best interests and pennanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child (b) Plaintiffhas established a relationship with the child (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child (d) The child should be pennitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The Plaintiff has been the primary caretaker of the child since birth. 21. Each parent whose parental rights to the child have not been terminl'lted and the person who has physical custody of the child have been named as parties to this action No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant her primary physical custody of her daughter, subject to partial custody/visitation rights of Defendant. Dated: I Arlo/- RESPECTFULLY SUBMITTED: J JeanniB. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 P A Supreme Court ID No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF PATRICIA A. HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. CLARKK. HUFF, Defendant : CI\lll., ACTION - LAW : DIVORCE VERIFICATION I, Patricia A. Huff, hereby verifY that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~4904, relating to unsworn falsification to authorities, Date: 1-30-0'rJ....... Si_ ~~ fV~ Patricia A. Huff I !' ! ,{; I . " ".p .~,~. (.,J D 0.() "'or ;"'0.. ........ ~ (} q!-'l . .., Bg8~g() I I I I , t/) ~f~~ Ii ,.(j , ,i , v, " (") c: s: -Om mrr; Z::I: Zr-' 0~,-~ ~~: ~c) :Pc Z =< o N -., g , o 'n .~ --f- r:j'lr;Q -,'~)m ~~~i y ~~r:J ~fi :B t5fq ~ -< -0 ~",.. .- N :.n r" PATRICIA A HUFF, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 02-574 CLARK K. HUFF, Defendant : CIVIL ACTION - LAW : CUSTODY PETITION TO ENTER STIPULATION AS ORDER OF COURT AND NOW, come the parties, Patricia A Huff and Clark K. Huff, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Patricia A Huff (the Mother hereinafter) and Clark K. Huff (the Father hereinafter), have born to them one child, namely Erin M. Huff, born January 20, 1992, (the Child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. TIlEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. PHYSICAL CUSTODYNlSITATION The Mother shall have primary physical custody of the child. Father shall have visitation of the child one full weekend per month from Saturday at 9:00 a.m, through Sunday at 5:00 p.m. Father shall have visitation of the child one additional Saturday per month from 10:00 a.m. to 6:00 p.m. In addition, Father shall have visitation of the child every Tuesday evening from 5:30 p.m, to 8:30 p.m. The Father may exercise additional periods of visitation with the child at such other times as the parties may mutually agree. Mother shall provide clothing apparel and other items the child requires during visitation with Father, provided that said clothing and items are returned with the child at the conclusion of the visit. 2. Letzal Custody The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health. education, and religion. Therefore, although Mother has primary physical custody of the child, and Mother shall have authority to make routine decisions regarding the general welfare of the child, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child,. If a dispute arises as to any matters regarding non-routine decisions regarding the child, then Mother, who has primary physical custody of the child, may exercise final determination subject to review by a court of competent jurisdiction. 3. Summer Vacation Both Father and Mother shall each be guaranteed one week of exclusive custody of the child during each summer. The parties shall notifY each other of the dates intended to exercise these vacation periods by June 1 st of each year. Additional periods of partial custody during the summer may be exercised. upon agreement of the parties, 4, HoIidavs (a) The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:00 p.m. through Easter Sunday at 5:00 p.m.), Independence Day (from 9:00 a.m. until 7:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 7:00 p.m.); whereby Mother shall have Easter with the child in 2002, and alternating holidays accordingly thereafter. This section shall supersede any other section contained in this agreement. (b) Mother shall have the child every year on Christmas Eve from December 24that 12:00 p.m. through December 25th at 12:00 p.m. Father shall have the child every year on Christmas Day from December 25th at 9:00a.m. through December 25th at 5:00 p.m. This section shall supersede any other section contained in this agreement. (c) Mother's Day shall be with Mother, Father's Day shall be with Father. This visitation shall be from 9:00 a.m. until 9:00 p.m. This section shall supersede any other section contained in this agreement. (d) The parties shall share the child's birthday in as equal a manner as possible. 5. TRANSPORTATION Father shall provide all transportation at the beginning and end of his custodial periods unless otherwise agreed upon by the parties. 6. Alcohol and Dru2S During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 7. Address and Phone Numbers of Parties Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 8. Notice of WhereaboutslIllness Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notifY the other party of said circumstances. 9. Teleohone Contact with Child Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of . custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 10. Disoara2io2 Remarks Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 11. Suoersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 12. Contemot/Attornev's Fees Should either party be found in Contempt of Court for breaching this agreement, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party. 13. Modification Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set ds and seals and the date of their acknowledgment. ;2 - ({-Dl-- Date ~ al(~/oJ- Date o c ;?' -ntT: rn r'~ :,~~_ :'1-1 2:C ~: c:: C' ~~, Z ~ c...-c 1:""0 -T1 ~"J'1. '."') \.0 N ;_,..J :...:~:J ::iJ ~.< ....1 PATRICIA A HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. 02-574 CLARK K. HUFF, Defendant : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this VI' day of ~ ,2002, upon consideration of the within Petition to Enter Stipulation as an Order of Court, the Petition is hereby granted. BY THE COURT: 1. < Jf ':I -1 'c ~ , to' . ~ 'h r ~ ~{ )\J.;^/;~2Y:l,t?.{P~f,'@d , '1"""'AI"" '>""~Jih Iv L ,S' ,ol ! 2' J.:JJ 'I'".., 'l>.J..1..V.i PATRICIA A HUFF, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-574 CIVIL TERM CLARK. K HUFF, Defendant : CIVIL ACTION - LAW : DNORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3JOl(e) OF THE D][VORCE CODE AND WAIVER OF COUNSE:LING 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on Febrwuy 1,2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verifY that the statements made in this Affidavit are true and correct I understand that false statements herein are made subject to the penaltie:s of 18 PaC.s. 94904 relating to 1.UlSWOO1 falsification to authorities. Date: 10-03-01.. sw-.jJaXit~ ~ Il ~ P,atricia A Huff f Sworn to and subscn~ to Before me this 3 rC day of 0(' :-6o\ocr- .2002. .\~- J: ~~0Jv Notary Public NoII!r18t Seal ~ll1ger,~PubIic lliuphln CoUnty MyCornmliskiiiE:XPlresJan.19,2004 r, I ,', , o c <':' -0(-; ~~{ Zt; (f) "_ -< "C: r:::c: ~- ~;C~: :6~E) 7--= :j - c"") r........> a c-) .-1 CD :J1 en ,- ~-T-l ~~ , ., c;.~ :u -< _P A lRICIA A. HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. 02-574 CIVIL TERM CLARK K. HUFF, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(t) OF THE DJ[VORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediatellyafter it is filed with the Prothonotary. 4. I verilY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.s. ~904 relating to unsworn falsification to authorities. ~ ~"'0 qi,/I Patricia A. Huff Dated: I () -() 3-(fL Sworn to and subscnJed to Before me this ;!/' day of C H::;o 1oQr' . 2002. ~~, I~----- Notmy Public Notarfal :SeaJ Sharon L. Re/elNel', ~ Public Harrtelll!rg, PiuPI*i CoUnty MyCornrl'lliilOfl EIlpIi'eeJan.19, 2004 ~, d} ~"-~- .::::::-: u:' .<, r::: J2 ~ c:) r~"J ? ,:-) ,--4 ,.~ ." ..\ CJ , --, 'T ,_~ r;~ ,-.'-j ::D c,,,C> ;"::11""1"1 c~ .....;:.. "'J =< FOCJ :J-~~ en en -.' PAlRICIAA HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-574 CIVIL TERM CLARK K. lRJFF, Defendant : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DlVORCE CODE AND WAIVER OF COUNSELING 1, A Complaint in Divorce under Section 330 1( c) of the Divorce Code was filed on February l, 2002. 2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4, I verilY that the statements made in this Affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 PaC.s. ~904 relating to unsworn falsification to authorities. \, " Date: ' /15)/1'1/0,;- , . Signature:L~ /!( If/~ Clark K. Huff Sworn to and subscnbed to Before me this 11/ 'ff. day of cO c -r. . 2002, ~~ NOIalial Seal Mary E, Nisley, ~ PubIc HummelstO><!'n Boro, Daupftio Countv My Commission Expires Aug, 22, 2064 MelT1ber. Pennsy vaniaAssociationot ofanes o C. -;J.'" 0, -0\::' rnr~" -;7- ~! -<' r:': -- d=-:C-"' ~() c: "-'7' ~ ::? .-') .....; \" t....') .~:c ",c=C) ~,'/n --I 5; -< c..n en PAlRICIAA HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, 02-574 CIVIL TERM CLARK K. lRJFF, Defendant : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301W OF THE DllVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divOI1~ is granted 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediate]~ after it is filed with the Prothonotmy. 4. I verilY that the statements made in this Affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 PaC.s. ~904 relating to unsworn falsification to authorities. Dated; /0 JI#t:J~ , Signature:-0~ A':M Clark: K. Huff Sworn to and subscnbed to Before me this I ~ >>< day of C)C7 .2002. -&f Notmy Pub Notalia! Seal Mary E NisIev, NotaIy PublIc Humm8lstown Boro, Dauplllln ~ My Coll1l11l8sion EJcpil&ll Aug. Zil, Member, pennsy anla AssoclaYon 0 , S '- (') ~? ~,(T. rn.f','1 2:~' 2(~1.~, ) ~ -- -~. \~ z ~ :' C) r..:> ? ::-) .-l 0:' - .. -.;, ,J C';:) :::-rn Cl ~ ::< :J1 ,1'\ PAlRICIAA. HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-574 CIVIL TERM CLARK K. HUFF, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVI(~ TO THEPROrnONOTARY: I, Jeanne B. Costopoulos, Esquire, verilY that the ComplllJint in Divorce was served upon the Defendant indicated above on February 9, 2002, by first class. Certified Mail No. 700 1 1140 0002 l273 8809, postage prepaid. return receipt requested. restricted delivery, pursuant to the requirements ofPaR.C.P. ~1930.4. J~~&qu;re - A mey for Plaintiff 1400 N. Second Street Hanisburg. P A 17102 Phone: (717) 221-0900 PA S.Ct ill No. 68735 By: Dated: t~/(~/d~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mallpiece, X or on the front if space pennits, 1. Article Addressed to: CIa t k t, /I ttPF IOY 5: ltJA sri. {a~f Jill!, (JA- /71/1 2. Article Number (Transfer from service label) PS Form 3811, March 2001 3, Service Type ~ed Mail 0 Express Mail o Reglst8f8d 0 Return Receipt for Merchandise o InSUred Mail 0 C.O.D. 4, Restricted Delivery? (Extra Fee) 7001 1140 0002 1273 8809 Oom3Stic Return Receipt 102595-01.M-1424 (") C ?'" '"1')',"-' mL ~=!~, """.__L (0: _r--- r" ~~~ __ f~"" )-:;;.; 2. --1 -<;' \ .-.-...~ -- '0 r~0 o ':J -I (') ~71 CJ :.Jl ell PAlRICIAA. HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs, : No, 02-574 CIVIL TERM CLARKKlRJFF, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotmy: Please transmit the record. together with the following in1ormation, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code, 2, Date and Manner of service of the Complaint: Servio~ by certified mail no, 7001 1140 0002 12738809 on Februaty 9, 2002, See attached Affidavit of Service. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by the Plaintiff: 10/3/2002; by the Defendant: 10/14/2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301(c) divorce was filed with the prothonotmy: filed simultaneously with this Praecipe to Transmit Record Date Defendant's Waiver of Notice in ~3301(c) divorc:e was filed with the prothonotmy: filed simultaneously with this Praecipe to Transmit Record. Respectfully Submitted: Dated: 10<<,(0'2.... J~ CostopouTOs, esquire Attorney for Plaintiff 1400 N, Second Strc~t Harrisburg. PA l7102 Phone: (717)221-0900 PAS,Ct IDNo, 68735 n c: s:: "'ClJJ mrr: Z:r. z)~ (J) ._,: -<'4: kC) ):>...., 2'-,' ,;8 ~ o '" o ("") --f N o '1 .-1 :;Fi;;g ...rn -,~'O "~ ,g~tj ,.'t(l ;;~rn '-:; ~ -< ." ::!; /);' N o ~~~ ~~ m-<<f// ~ ~~ ~~.l ~ -ef/-Of":O/ " .... e. . . :- 4\ ,. .,J>- -:, , PATRICIA A. HUFF, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 02-574 CLARK K. HUFF, Defendant. : CIVIL ACTION - LAW : CHILD CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Defendant, Clark K. Huff, by his attorney, Carl G, Wass, Esquire, Caldwell & Kearns, P,C, and presents the following Petition: I. Your Petitioner, the Defendant, is Clark K, Huff, an adult individual, natural father of the subject minor child ofthe within custody action, who resides at 5203 Locust Lane (Lower Paxton Township, Dauphin County), Harrisburg, Pennsylvania, 17109, 2. The Respondent, the Plaintiff, Patricia A. Huff, natural mother of the subject minor child, resides at 658 Market Street, Lemoyne, (Cumberland County), Pennsylvania, 17043, 3, At the present time, the custody of the minor child, Erin M. Huff, born January 20, 1992 (age 10), is governed by the Order of Court issued by your Honorable Court (Kevin A. Hess, Judge) dated February 21, 2002, by the terms of which the Plaintiff and Defendant share joint legal custody of the minor child, with primary physical custody ofthe minor child with her mother, the Plaintiff, Patricia A. Huff, A true and correct copy ofthe Order of Court is attached hereto, identified as "Exhibit A" and incorporated herein by reference, 4, Pursuant to the terms ofthe aforementioned Order of Court, and the Stipulation of the parties upon which the Order is based, the "best interests and welfare" ofthe minor child, Erin M. Huff, bar or should be, of paramount consideration to both of the parents of the said minor child. For example, the Stipulation of the parties provides, in several parts (paragraph I and paragraph 3) that "additional periods of visitation/partial custody with the child on the part of your Petitioner, her father, shall occur at such other times as the parties may mutually agree), 5, Your Petitioner avers that reasonable efforts on his part to attempt to seek and have additional periods of visitation or partial custody with his minor daughter have been thwarted by the steadfast refusal of the Plaintiff to deviate from any provision set forth in the Stipulation of the parties, 6, Your Petitioner avers that he has maintained and has continued to maintain a meaningful and loving relationship with his minor daughter and firmly believes that, not only does he desire to secure and maintain a reasonable and expanded relationship with his daughter, but also believes that his daughter, likewise, desires to have a reasonable, meaningful and expanded relationship with her father, your Petitioner. 7. Your Petitioner is gainfully employed and maintains a consistent five day per week work scheduled which enables him to have available all weekends throughout the year during which he can spend meaningful periods of time with his daughter and provide to her the nurturing love and affection which he wishes to provide to her and which, he believes his daughter also desires. 8. Your Petitioner desires to expand the periods of partial weekend custody with his daughter so as to provide for alternating weekends of partial custody, to commence on Friday evening through Sunday evening; to expand such alternating partial weekend custody in a fashion which will enable your Petitioner to continue to maintain partial custody when the immediately following Monday is also a holiday; Petitioner wishes also to extend the period of partial custody 2 .. , " during the summer vacation from school of his minor daughter to a period oftwo weeks (according the same two-week period also to the Plaintiff); your Petitioner wishes to share the Christmas Holiday with his minor daughter in a fashion which will enable both parties to alternate periods of Christmas Eve and Christmas Day with their minor daughter; and, Petitioner also desires to establish a more equitable division of the responsibility of both parties in providing for the transportation of their minor daughter during periods of exchange of custody and partial custody. 9, Your Petitioner believes and avers that the best interests and permanent welfare of his minor daughter will be promoted by providing for a modification of the present Order of Court so as to enable her to enjoy the benefits of expanded and more meaningful periods of time in the partial custody of your Petitioner, WHEREFORE, your Petitioner, Clark K, Huff, prays your Honorable Court to enter an Order directing that the Plaintiff and the Defendant shall have shared legal custody ofthe subject minor child, and that the primary physical custody of the subject minor child remain in the hands of the Plaintiff, and that the periods of partial custody of the minor child with your Petitioner be expanded as set forth herein, Respectfully submitted, Date: Juiu. ,~. c.~ ~ 6 By: 02919/50560 Carl G, Wass, Es e Attorney 1. D, # 072 8 Caldwell & Kearns, P.C, 3631 North Front Street Harrisburg, P A 17110-1533 (717) 232-7661 Attorney for Petitioner, Rhonda M Richardson 3 : PATRICIA A. HUFF, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : No. 02-574 CLARK K, HUFF, Defendant. : CIVIL ACTION - LAW : CHILD CUSTODY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF DAUPHIN Clark K. Huff, being sworn according to law, deposes and says that he is the Petitioner in , the foregoing matter, and that the facts set forth in the foregoing Petition are true and correct. Sworn to and subscribed before me this~day of ,2002, o,,(t-iL# NOTARIAL SEAl FAY L POT'TEJoER, Nol8Iy PubIc :::.~ Twp., n.._, Cwtty -, July " 2007 ",. ' '>rJ P 'fq, 'i 15 ~ \ ~ ~ _"D ~~D ~~~ S C) C ;;';.- ~f (;j -< ~~~ -:0-1 <~ >.;::,.( ~> ".," '. c' o ~.: I " ~,-,; .'f' ::.::~ () nl -- .. :"-~ rn PATRICIA A. HUFF PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-574 CIVIL ACTION LAW CLARK K. HUFF DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 23, 2003 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, AUjlust 28, 2003 at 12:30 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, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: Isl Melissa p, Greevy, Esq. Custody Conciliator u 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 TIlE 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 ~~.~~"> ,_I '/' /~ Ct;7Et'.t, ~ ~- Z- ~ ~U; [(/, f:r:'L. ~C1 ~ ~ 'f) -v>r! ~ -/'9 w' E'C'- L, ViN\sJ\l/~.SN~~3d \ I ~ :r;:-'.I" ' r-',I !-~C~'''ln'''' f..1 ',I" ,;,' "'''I~:':f'\1 kJ ~ f' I' " . L0 :G l,~d (") '1" "0 <., v IIJ 1':...', :1 'u ::lO ,J SEP U 2 2003 \r Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-574 CIVIL TERM PATRICIA A, HUFF, v. CIVIL ACTION -- LAW CLARK K. HUFF, IN CUSTODY Defendant HESS, J, --- ORDER OF COURT AND NOW, this 'r day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Patricia A. Huff and Clark K. Huff, shall have shared legal custody of the minor child, Erin M, Huff, born January 20, 1992, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of Pa,C,S, 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each 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 records, 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 night, and the like, 2. Physical Custody. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. To commence on Friday, September 5, 2003 on alternating weekends from Friday at 5:30 p,m, until Sunday at 7:00 p,m. 'i\N'1^lASNN3d ,u,"1f\OD Ct.::li-:i3t'1'\I,r\8 ^ \ ..," I' '-'5 "0 to . f~~O '1.~ oj t. X'dV1Ci<ij--:,t-....'._\.' i1 JO 38\:\~().-O:r\,:1 NO. 02-574 CIVIL TERM B, In the event that Father's alternating weekend is followed by Labor Day, Memorial Day or Independence Day, Father's custodial period shall be extended until 7:00 p.m, on the Monday holiday. C. In the event that Father's alternating weekend falls on Mother's only full weekend off during a given month, the parents shall switch custodial weekends such that Father will have either the previous or subsequent custodial weekend as makeup time. 3. Summer Vacation, Both Mother and Father shall be entitled to two (2) blocks of seven (7) continuous days of exclusive custody of the child each Summer. The parties shall notify each other of the dates intended to exercise these vacation periods by June 1st of each year. Additional periods of partial custody during the Summer may be exercised upon agreement of the parties, For Summer 2003, Father will exercise only one (1) seven (7) day period of custody due to a planned cruise scheduled for October 2004, 4, Holidavs, A. The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:00 p,m, through Easter Sunday at 5:00 p,m.), Independence Day (from 9:00 a,m, until 7:00 p,m,), Thanksgiving Day (from 9:00 a.m. until 7:00 p.m.); whereby Mother shall have Labor Day in 2003, and alternating holidays accordingly thereafter. This section shall supersede any other section contained in this agreement. B, Mother's Day shall be with Mother and Father's Day shall be with Father. This visitation shall be from 9:00 a.m, until 9:00 p,m, This section shall supersede any other section contained in this agreement. C. The parties shall. share the child's birthday in as equal a manner as possible. 5. Transportation, Father will provide transportation at the beginning of his custodial weekends on Friday. At the conclusion of the custodial weekend, the parents will meet at the Wendy's at the Strinestown Exit on 83 South at 7:00 p,m. for purposes of the custodial exchange, However, in the event that Mother has to work on Sunday evening and therefore cannot arrive at the exchange point by 7:00 p.m" Father shall bring the child to the home of the maternal grandparents at the conclusion of his custodial period, NO, 02-574 CIVIL TERM 6, Alcohol and Druqs. During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 7. Address and Phone Numbers of Parties. Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party, 8, Notice of Whereabouts/lllness, Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party, If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. 9. Telephone Contact with Child. Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation, Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. 10, Disparaqinq Remarks, Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child, 11, Supersedeas of Prior Court Orders. This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements, 12, Contempt / Attorney's Fees, Should either party be found in Contempt of Court for breaching this Agreement, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party, 13. Modification. Any of the provisions of this Agreement may be modified or deleted upon mutual consent / agreement of both parties or upon Petition to the Court for Mod ification, NO, 02-574 CIVIL TERM 14, Father shall be responsible for coordinating with the child's school to arrange for the assignment and completion of all homework necessary to meet the educational requirements for an educational trip as set forth by School District policy which requirement shall be completed in conjunction with his October 2004 cruise, Prior to his departure, Father will share the information regarding the educational and homework plans made with the School District with the child's Mother. 15. Homework, Mother shall be responsible for seeing to it that the child brings the assignments and materials necessary to be completed during her custodial weekends with Father. Father shall be responsible for the oversight and correction of the homework assignments during his custodial weekends, 16, The Custody Conciliation Conference shall reconvene on October 27, 2003, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043, At the time that the Conference reconvenes, It is contemplated that the parties will review how the new custodial plan is working and reattempt an agreement on the sharing of the Christmas holiday, 17, A hearing on Father's request for the sharing of the Christmas holiday is scheduled in ~rt%1m Number .!i.- of the Cumberland County Courthouse, on the ,,1,., ~ day of t'I tJi. 2003, at /; .-i1 o'clock ~,M" at which time testimony will be taken, For the purposes of the hearing, the Father, Clark K, Huff, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: .1/.;] Dis!: v0>r1 G. Wass, Esquire, 3631 N. Front Street, Harrisburg, PA 17110.1!i33 p<<leanne R Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 l#-A- RKS Oq ~05-t13 PATRICIA A. HUFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-574 CIVIL TERM v. CIVIL ACTION - LAW CLARK K, HUFF, IN CUSTODY Defendant 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 THE CUSTODY OF Erin M. Huff January 20,1992 Mother 2. A Custody Conciliation Conference was held on August 28, 2003 following Father's July 17, 2003 Petition for Modification of Custody Order. Present for the conference were: the Father, Clark K Huff, and his counsel, Carl G, Wass, Esquire; the Mother, Patricia A. Huff, and her counsel, JeanniB. Costopoulos, Esquire, 3. The parties reached an agreement modifying the custodial plan with the exception of Father's request to modify the arrangements which the parties have to share the Christmas holiday, The parties agreed to reconvene the Conciliation Conference in approximately sixty (60) days to reassess how the new custodial plan is working and to revisit the sharing of the Christmas holiday, A brief hearin~l before the Court is requested to be set for November 2003 in the event the parties are not able to resolve the sharing of Christmas, In the event the parties are not able to resolve this issue, the Conciliator will issue a supplemental report following the next Conciliation and Judge Hess will decide the matter. /1 JJi/O?, Date f) LAM 1J.Jh ~ J Melissa Peel Greevy, Itsquire Custody Conciliator :217764 Plaintiff NOV ~003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-574 CIVIL TERM PATRICIA A. HUFF, v. CLARK K. HUFF, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information conceming the c:hild who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Erin M, Huff January 20,1992 Mother 2. A Custody Conciliation Conference reconvened on October 27, 2003 as per agreement at the August 28, 2003 conference, Attending the conference were: the Mother, Patricia A. Huff, and her counsel, Jeanne B, Costopoulos, Esquire; the Father, Clark K. Huff, and his counsel, Carl G, Wass, Esquire, 3, The topics for the Custody Conciliation Conference were the sharing of the Christmas school recess and the sharing of the summer school recess, The parties were not able to reach an agreement and will therefore attend a hearing with Judge Hess on December 3, 2003 at 1 :30 p,m, 4. Father's position on the Christmas school recess is that the parties should share in an alternating fashion the period of time from when school is dismissed for the Christmas recess until December 25th at noon, as Segment A. Segment B would be from December 25th at noon until 7:00 p,m, on December 29th He proposed that the parties alternate this from year to year for the remaining years of the child's minority. With regard to the summer school recess, Father seeks to share physical custody of the child on a week- on week-off basis during the summer, Father, as Mother, works during the day, Therefore the child would spend the majority of the day with an alternate caregiver. However she would have the benefit of being with the custodial parent during their non-working hours. Father's plan for an alternate caregiver during his work hours would be for the child to be with his new mother-in-law, NO, 02-574 CIVIL TERM 5, Mother's position with regard to the Christmas school recess is that the child should not have to change what has been her tradition throughout her lifetime of being with her mother and Mother's extended family on Christmas eve and Christmas morning every year. Mother prefers to let the child decide if she wants to spend Christmas eve or Christmas day with her father, With regard to the summer school recess, Mother claims that the parties daughter prefers to stay in the Lemoyne area so that she can participate in the YMCA camp and have continued contact with her friends. Mother claims that the child is afraid of Father and feels that she cannot talk to him to share her feeling about her preferences, 6, Inasmuch as the parties have not reached an agreement regarding the sharing of the Christmas school recess time and the summer school recess time, the previously ~;;Dlea;t~e;;:,""gOfo",am ulh Q ~ --; ~ssa Peel Greevy, Esquire Custody Conciliator Dis!: ...,.earl G, Wass, Esquire, 3631 N, FronlSlreel, Harrisburg, PA 17110-1(;33 ..,Jeanne R Coslopoulos, Esquire, 5000 Riller Road, Suile 202, Mechanicsburg, PA 17055 :220174 " r~~ L-\''\ ~~~ r!.D'?:> \ \ - :J PATRICIA A. HUFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-0574 CIVIL CIVIL ACTION - LAW CLARKK, HUFF, Defendant CUSTODY ORDER AND NOW, this It r day of December, 2003, the existing custody order is modified in this case to provide that: 1. In December of2003, the father shall have custody of Erin from December 25, 2003, at 12:00 noon until the end of his regularly scheduled weekend '~ustody period on December 28, 2003, In subsequent years, the parties shall alternate the Christmas vacation from school from the last day of school until December 25th at noon and from Deeember 25th at noon until the first day of school with the father having the period from the end of school until December 25th at noon in the year 2004. 2, Effective in the summer of2005, the father's blocks of seven (7) continuous days of exclusive custody shall be increased to four (4) blocks, with no more than two blocks to be exercised consecutively for the purpose of a vacation, The father shall notifY the mother on or before May 1st of the weeks he intends to exercise custody. BY THE COURT, ......Jeanne Costopoulos, Esquire F or the Plaintiff / . //l- 71I~". J ) ~:;.~ ~ ) A -/<g-S /Carl Wass, Esquire For the Defendant ,r:~d " ".,"Ie""I'''''' :'-: ,U:1\'~II"" 00 : II \1'\1 81 :330 EOOl '1!'d't'''D'llO''":JHl "0 f'\\.I1J.VI~~_rl~~ O'.J..t :l 3JI:J~o-a311.:J PATRICIA A. HUFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 02-574 CLARK K. HUFF, Defendant : CIVIL ACTION - LAW : CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the PetitionerlDefendant CLARK K, HUFF, by and through his attorney, Melanie L Erb, Esquire and the law firm of Scaringi & Scaringi, P.C., and files this Emergency Petition for Special Relief and avers as follows: L Petitioner/Defendant is Clark K Huff, an adult individual currently residing at 141 Hanover Street, Glen Rock, York County, Pennsylvania, 2, Respondent/Plaintiff is Patricia A. Huff, an adult individual currently residing at 658 Market Street, Lemoyne, Cumberland County, Pennsylvania. 3. The parties are the parents of Erin Marie Huff, a minor child whose date of birth is January 20, \992, 4, An Order of Court was originally entered in this matter on February 2 L 2002 whereby the parties share legal custody and Mother was granted primary physical custody of the minor child. . 5. The existing custody order was modified, following a custody conciliation conference, by Order dated September 4, 2003, giving Father additional periods of partial physical custody. 6, Section 13 of the September 4, 2003 Order of Court provides, "Any provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification:' 7, Around the time of Christmas 2005, Father approached Mother about taking the minor child on a family trip to Florida in Spring 2006 and presented Mother with written documentation as to the exact dates that were being contemplated for the family trip, 8, Father and his wife have planned the family trip for Thursday April 13, 2006 through Monday, April 24, 2006, 9. Father intended to pick up the minor child on Wednesday, April 12, 2006 at 5:30 p,m, so that the family could embark on their trip on the morning of April 13,2006 10, Plans for the trip included driving to Florida, renting a villa in Claremont, Florida, spending time with Father's wife's family, visiting Disney World, NASA and other educational locations in the area, 11. Mother did not object to the scheduling of the trip at that time and advised Father, in the presence of the child, that he needed to contact child's school to make certain that the absences were excused and to ensure that the child's school work is completed. 12, Relying upon Mother's response, Father contacted the child's school and made necessary arrangements to have the absences excused and to obtain the child's homework in advance of the trip. 13. Additionally, Father made payment for rental of the villa, in the amount of $\ 000,00 and tickets for Disney World in the amount of $200,00, These monies were paid in January 2006. 14, On Friday, March 31, 2006, during a custody exchange, Mother informed Father and the minor child that the child was no longer permitted to accompany Father on the family trip to Florida, 15. The minor child has never been to Florida and has not been on a family vacation, other than a camping trip at Pinchot State Park, with Father since July 2002 or 2003 16. Father believes it would be in the best interests of the child to allow her to accompany him on the family trip to Florida, WHEREFORE, Petitioner! Defendant, CLARK K HUFF, respectfully requests this Honorable Court to grant him custody of the child from Wednesday, April 12, 2006 at 5:30 p.m, through Monday, April 24, 2006 at 7:00 p.m, for the purpose of taking the minor child on the family trip to Florida. Respectfully submitted, !/thfl M nie L. Erb PAID #84445 SCARING! & SCARING!, P.C 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 657-7770 Attorney for Petitioner/Defendant VERIFICA TION 1, CLARK K. HUFF, verify that the statements made in the foregoing Emergency Petition for Special Relief are true and correct. 1 understand that false statements made herein are subject to the penalties of 18 Pa,C.S. 94904, relating to unsworn falsification to authorities. &h# CLARK K. HUFF yp IOtP Date ~~ 'A. -- "- .-J ~. ~. V"-, i.1\ .- -- ~ % ~ \~ .->.. "~~!\ -~. ...~._; :. - G" C.:J ';c; ,-, " PATRICIA A. HUFF, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CLARK K, HUFF, DEFENDANT 02-574 CIVIL TERM ORDER OF COURT AND NOW, this ( day of April, 2006, IT IS ORDERED that a hearing shall be conducted on the within petition for special relief at 4:00 p.m" Tuesday, April 11 , 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, Patricia A. Huff 658 Market Street Lemoyne, PA 17043 Cv (' 'I yYLd.L LuL By the Court, :sal CDrY pfASW-J2LLy a/~ 1.J / ^t / oc:' Melanie L. Erb, Esquire - For Defendant .~ ,,^l .) , n c,'c PATRICIA A. HUFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CLARK K. HUFF, Defendant NO, 02-574 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of April, 2006, it is ordered that Clark K. Huff is granted temporary physical custody of Erin M, Huff for the purposes of taking her on a vacation to Florida from Wednesday, April 12, 2006, at 5:30 p.m. until Monday, April 24, 2006, at 7:00 p.m, Prior to leaving, the father shall provide the mother with the full name, address, and telephone number of any places in Florida where Erin will be spending this / vacation time once the parties arrive. By the l Edgar ~atricia A, Huff 658 Market Street Lemoyne, PA 17043 ~lanie L. Erb, Esquire For Defendant Sheriff \ prs (''\J ., t~ ~'