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Home My WebLink About04-6485DIANN WILLEY, Plaintiff VS. WILLIAM HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 t/. G ,.~ ~ 5/ CIVIL TERM : CIVIL ACTION - CUSTODY COMPLAINT OF CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, DIANN WILLEY, by and through its attorneys, Coyne & Coyne, P.C., and avers the following in support of this complaint of custody: 1. Plaintiff is DIANN WILLEY, an adult individual, who currently resides at 41 Oak Avenue, Camp Hill, (Hampden Township), Cumberland County, Pennsylvania. 2. Defendant is WILLIAM HOFFMAN, an adult individual, who currently resides at 2136 Mountain View Road, State College, Centre County, Pennsylvania. Plaintiff is the maternal grandmother of KYLIE MADISON WlNFREY, born January 26,2001. 4. The mother of the minor child was DANA MICHELLE WILLEY, who died unexpectedly on August 31, 2004. 5. At the time of DANA MICHELLE WILLEY's death, she resided at 41 Oak Avenue, Camp Hill,(Hampden Township), Cumberland County, Pennsylvania. 6. Plaintiff seeks custody of KYLIE MADISON WlNFREY, bom January 26, 2001. 7. The child was bom out of wedlock. Avenue, Camp Hill, Pennsylvania. 9. addresses: Name: Diann Willey (Grandmother), Donald Willey (Uncle), & Taime Alexis Willey (sister) Dana Willey (Mother), Taime Alexis Willey (sister), Damon Michael Winfrey (brother) Donald Willey (Uncle) 10. 11. 12. 13. 14. The child is presently in the custody of the Plaintiff grandmother who resides at 41 Oak Since birth, the child has resided with the following persons and at the following Residence: 41 Oak Avenue Camp Hill, PA 17011 Dates: August 31, 2004 to Present 41 Oak Avenue Camp Hill, PA 17011 November, 1999 to Present The Mother of the minor child is deceased. The Father of the child is the Defendant. The relationship of the Plaintiff to the child is that of maternal grandmother. The relationship of the Defendant to the child is that of mother. 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. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 16. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and welfare of the minor child will be served by granting the relief requested because given the circumstances of the unexpected death of the Mother and fact that the child's sister is in the custody of the Plaintiff Grandmother, the child needs stability in her life under the circumstances. 18. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendancy of this action and the right to intervene: None. WHEREFORE, Plaintiff requests this Honorable Court to grant Plaintiff shared legal and physical custody of the minor child, KYLIE MADISON WlNFREY. Dated: Respectfully submitted, COYNE & COYNE, P.C. By: ~/~~~ _ /r LISA MARIE CO~ZNE, ESQUIRE k /3_901 Market Street '-~ Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff VERIFICATION The facts set forth in the foregoing are tree and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. §4904. Dated: DIANN WILLEY, Plaintiff VS. WILLIAM HOFFMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, LISA MARIE COYNE, ESQUIRE, hereby certify that I have, on the below date, caused a tree and correct copy of COMPLAINT OF CUSTODY, dated December 27, 2004 to be served upon the person named below by way of first class mail, postage prepaid: Mr. William Hoffman 2136 Mountain View Road State College, PA 16801 (Centre County) Dated: COYNE & COYNE, P.C. ( 39~1 Market Street "Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Petitioner DIANN WILLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 04-6485 CIVIL TERM WILLIAM HOFFMAN, Defendant : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREJI!:MENT AND NOW, this .z;!day of 1 ~ ' 2005, the parties, DIANN WILLEY, Plaintiff, and WILLIAM HOFFMAN, Defendant, h eby stipulate and agree as follows: 1. The Plaintiff, Diann Willey, is the maternal grandmother ofKYLIE MADISON WINFREY, born January 26, 2001. 2. The Defendant, William Hoffinan, is the father of KYLlE MADISON WINFREY, born January 26,2001. 3. The mother ofKYLIE MADISON WINFREY, was the late, DANA MICHELLE WILLEY who died unexpectedly on August 31, 2004. 4. The Defendant and DANA MICHELLE WILLEY never married. 5. From birth, KYLlE MADISON WINFREY, resided with her mother, DANA MICHELLE WILLEY and Kylie's siblings, Taime Alexis Willey, born March 27,1992, and Damon Michael Winfrey at 41 Oak Avenue, Hampden Township, Cumberland County, Pennsylvania. 6. The parties hereby agree and stipulate that it is in the best interest of KYLIE MADISON WINFREY that the parties maintain shared legal and physical custody of KYLlE MADISON WINFREY with Plaintiff, DIANN WILLEY, to temporarily have primary physical custody of KYLIE MADISON WINFREY until further agreement of the parties. 7. Defendant, WILLIAM HOFFMAN, shall have liberal periods of physical custody of KYLlE MADISON WINFREY. 8. The parties may modifY this Agreement at any time upon mutual agreement of the parties. WHEREFORE, the parties hereby request that an appropriate Order of Court be entered to reflect the above agreed terms concerning custody of the minor child, KYLIE MADISON WINFREY. I / !/ 2 ':~::. Cj: c,~ '--, .-, ~, -:::,1-(} ,(--'\"\fr.:' -qc ,..,} , >) (~:l (,,:,;,,:::t\ -'c~() ') ~'') ;':'71-(\ -:'--:::'1 r:;~ ~;:';\ c~ c:::> ";:,\ '-iJ ~'4- -- .' ~\\~ IN' "n n,' jV \- I L~",) DIANN WILLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6485 CIVIL TERM WILLIAM HOFFMAN, Defendant : CIVIL ACTION - CUSTODY AND NOW, this ~ day of ORDER ft'-~ . , 2005, upon consideration of the parties' custody stipulation and agreement, dated January 26, 2005, attached hereto and incorporated herein, it is hereby ORDERED that: 1. The parties shall maintain shared legal and physical custody of the minor child, KYLIE MADISON WINFREY, born January 26,2001; 2. The Plaintiff, DIANN WILLEY, shall temporarily have primary physical custody of KYLIE MADISON WINFREY until further agreement of the parties; 3. The Defendant, WILLIAM HOFFMAN, shall hav(: liberal periods of physical custody ofKYLIE MADISON WINFREY; and 4. The parties may modify this Custody arrangement at any time upon mutual agreement ofthe parties. BYTHECOliT e6t{ L:7 . I J. Cf: ~ Marie Coyne, Esquire For Plaintiff ~illiarn Hoffman, Pro Se ...-Melissa P. Greevy, Esquire Custody Concilator > " i~ I , }.,.i.>~ SS :2 1.L-J 2- iEU SGDZ .!('! _'"w Plaintiff FES 1 8 2005f/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6485 CIVil TERM CIVil ACTION - lAW IN CUSTODY DIANN WillEY, v. WilLIAM HOFFMAN, Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 1yth day of February, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR ~RT: ~#Ii!tlQ &~ Melissa Peel Greevy, Esquire Custody Conciliator :245163 ., 1