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Home My WebLink About02-1074 KELLY LYNN BURNS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO-o.l_ J67lf Civil Term 2002 CIVIL ACTION - LAW CUSTODYNISITATION HAROLD LOUIS HOFFMAN, Defendant ORDER OF COlJRT AND NOW, this_ day of ,2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2002, at _.m., 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LffiERTY AVENUE CARLISLE, P A 17013 Telephone: (717) 249-3166 KELLY LYNN BURNS, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.I'>J. - 107'1 Civil Term 2002 I CIVIL ACTION - LAW CUSTODYNISITATION HAROLD LOUIS HOFFMAN, Defendant COMPLAINT IN CUSTODY AND NOW, this 26th of February, 2002, comes the Plaintiff, KELLY LYNN BURNS, by and through her attorney, Madelaine N. Baturin, of the Law Office of Baturin & Baturin, and files this Complaint in Custody and respectfully represents as follows: 1. The Plaintiff is KELLY LYNN BURNS, an adult individual, sui juris, who currently resides at 2 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is HAROLD LOUIS HOFFMAN, an adult individual, sui juris, whose current home address is 1208 Vine Street, Middletown, Dauphin County, Pennsylvania 17057. 3. The Plaintiff and Defendant were never married to each other. 4. The Plaintiff and Defendant are the natural parents of two minor children, ADEL YN HANNAH BURNS, born October 27, 1998, being three (3) years of age, and ... AUSTIN JOSEPH-THOMAS BURNS, born November 10,1996, being five (5) years of age. The said minor children were born out of wedlock. 5. The Plaintiff, KELLY LYNN BURNS, is the natural mother of the minor children. The Defendant, HAROLD LOUIS HOFFMAN, is the natural father of the minor children. 6. The Plaintiff seeks full legal and primary physical custody of the minor children, Adelyn Hannah Burns and Austin Joseph-Thomas Burns. 7. The aforementioned minor children are currently in the physical custody of their natural mother, Plaintiff herein, and they reside at 2 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 8. The children have resided at the following addresses since birth: DATE ADDRESS RESIDED WITH Birth to October 2001 3621 North Front St. Harrisburg, PA Natural Mother and Natural Father October 2001 to Present 2 Village Court Mechanicsburg, PA Natural Mother 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor children. 2 .. 10. The Plaintiff has no information of a custody proceeding concerning the minor children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation rights with respect to the said minor children. 11. The best interest and permanent welfare of said minor children will be served by granting the relief requested because: a. Plaintiff/natural mother is well able to adequately provide for the continuing health, educational needs and general welfare of the said minor children; b. Plaintiff/natural mother is well able to adequately provide for said minor children with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; c. Plaintiff/natural mother has been the primary caretaker of said minor children since their birth; d. It is in the best interest of the minor children generally that primary legal and physical custody be granted to their natural mother, Plaintiff herein. WHEREFORE, Plaintiff, KELLY LYNN BURNS, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final 3 Order granting primary legal and physical custody of said minor children, ADEL YN HANNAH BURNS and AUSTIN JOSEPH-THOMAS BURNS, to the Plaintiff. Respectfully submitted, BATURIN & BATURIN By./L1 71 ~ ' . MADELAINE N. BATURIN, ESQUIRE Attorney I.D. No. 68971 717 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff 4 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT AND THAT THE DOCUMENT IS SUBMITTED IN GOOD FAITH. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES AND THAT THE COURT MAY IMPOSE AN APPROPRIATE SANCTION FOR A BAD FAITH VIOLATION. DA.TE: February 26, 2002 A~ , JJ~ KEL Y . BURNS (Seal) 5 ~ fi - 1..) ..J ~ ti" ~ " fCl ..... o ~ ~ ff! ~ --1:- o ~ -u"~ 52 I:H 2..J} 0)5'-, k6 ~(') >8 z :;J ... o N :r. :i::.. ;;Q , Q. . ~,:-~ f '1 OJ , r' (~~;5~ :.;1 ~i) i~~~ :;:;! ~"J -< .:::- ." ::r: ~ :JI ..... r-. >- U": f- 2: ('1 :::.?<e '-)'" C__)~ Uo-. --':..,.. (}:::J .. 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PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY LYNN BURNS v, 02-1074 CIVIL ACTION LAW HAROLD LOUIS HOFFMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 09, 2002 , the conciliator, 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 defme 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. GTeev~. Esq. l'Y'1.!... 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249,3166 ~,fJz~~ -17'}'7 'Z ~ ~u, ~pZr~-r; , IflNWiMSNN3d AlNnoO G!'!n!:!~I]Vvno 20 :f: ~Id g I ~V}l ZO AI:I\iJDNCi,';Liid 'rl' '0 ~"I"-r-' __I_,-.'--II,J. .::J :"'\.1 _='_I"}\.Jj lid ('c?5/.C' ('(7.51- E' erJ. 5/- E' KELLY LYNN BURNS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-1074 Civil Action HAROLD LOUIS HOFFMAN, Defendant CIVIL ACTION - LAW CUSTODYNlSIT A TION CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the Law Firm of Baturin & Baturin, attorneys for the Plaintiff in the above-captioned matter, do hereby certifY that on March 19, 2002, I deposited in the United States Mail, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a certified copy of an Order of Court with the Complaint For Custody attached thereto, bearing Article No. 70000520002261674165, addressed to: Harold Louis Hoffman, 1208 Vine Street, Middletown, PA 17057. The said article of Certified Mail, as shown by the Postal Return Receipt Card, was received by the Defendant herein on March 25, 2002, and according to same, was signed by him, to wit: Harold L. Hoffinan, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated March 19, 2002, for said article of Certified Mail aforementioned. BATURIN & ~ATURIN L}...-/ BY(\ A b1~) ~ade;;;;~. ~aturin Attorney I.D. # 68971 717 North Second Street Harrisburg, P A 171 02 (717) 234-2427 Attorney for Plaintiff Date: March 26, 2002 '" ru Ul .-'I ..JI r-- fTl fTl ..JI .-'I CJ CJ Postage $ ,57 CerHfied Fee 2.10 Postmark RetumReceiptFee H'", (Endorsement Required) 1. ~i() Restricted Delivery Fee (Endorsement Required) 03/19/02 Total Postage & Fees $ 17 CJ CJ ::T TT1 Recipient.. Name (Please Print Clearly) (to be completed by mailer) ~ _s~~~Jo~~~iH~~~~~~fmaLm_"""""..'m..m"" CJ r-- -~i~cff~t-~:;;~-;""PA-um_uu""'i7-0-5-7--u"'"",_m.. . Completedlems 1. 2, and 3, Also'~plete Ilem '\,~ F\e~'iled Delivery i.s ~I~_. ,:,d. . "Prin~,yc:li>(l1&m8 andaddl8jl6 on 'tl!'H~erse'!\';;_". 'SQ,th~el:an r,!lturn t~e card t.!'\:yoIJc ' , ,,' '" . A~ !Ills card to the back of lfii lTlililpi8Ce, 0' ""Ihe front ,if spaCe peimlls, '. 1. Article Addressed to: :;'.,' Harold ilo,uis Hoffma 1208 v?-~. Street Middle~oWn,PA 17057 ~ :f. 3. Service Type ~CertlftedMail tJ" Registered o Insured Mail o Express Mall o Return Receipt for Merchandise OC,O,O, 4. Restricted Delivery? (Extra Fee) o Yes 2, Article Number (Copy from service label) !]o(l199 '34()O 0016 3376 l.5;16 PS Form 3811. July 1999 Domestic Return ReceII>t 102595-99-M-1789 "--- .---< EXHIBIT "A" ~tJ CA:>,~ ~~;r- ~?'r:::. ". ~ ~ "'- :T' f' ~ ~ ~ 'it ~ w ~ () ~ <... -vc;:; i:p rr- ~T Z~ ~d< !<,C :l-~C; Zc )>C Z ~ -< , I :::~- I "_~ ~152002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 02,1074 CIIVIL TERM CIVIL ACTION - LAW KELLY LYNN BURNS, v. HAROLD LOUIS HOFFMAN, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this 17" day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Kelly Lynn Burns, shall have primary legal custody of the minor children, Adelyn Hannah Burns, born October 27, 1998 and Austin Joseph Thomas Burn, born November 10, 1996. The Mother shall consult with Father with regard to day-to-day decisions pertaining to the children's health, education and religious upbringing. In the event the parents are not able to agree however, Mother shall have primary decision-making responsibility, subject to review by Cumberland County Court of Common Pleas. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial physical custody which he has requested to be arranged as follows: A. One (1) evening per week from the time of school dismissal until 8:00 p,m" upon 48 hours notice to Mother. B. One (1) Sunday per month from 10:00 a,m, to 7:00 p.m., upon 72 hours notice to Mother. C, One (1) weekend per year from Saturday at 10:00 a.m. until Sunday at 7:00 p.m., upon one (1) week's notice to Mother, 3. Transportation, Unless otherwise agreed, transportation shall be shared by the parent receiving custody being responsible for providing transportation on Father's Sunday and weekend visits. Father shall provide all transportation pursuant to his weekday visits. 4, Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each ,- \fINVAlASNN3d AlNnm ON'fl'd38~^lm I S :6 WIJ LI MdV 20 Atl'ilONOc UUdQ .:lO :]"'il'"O-OCIl!-! _'- .J,.. '-' H.... parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5, Both parents shall establish a no,conflict zone for their children and refrain from making derogatory comments about the other parent in the presence or earshot of the children and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the children. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition, 7. In the event that either party intends to relocate to a distance greater than sixty (60) miles from the other parent, the relocating party will petition the Court for a modification of the Order prior to taking any action which would require a change in the present custodial schedule. 8, This Order is temporary in nature. It may be modified by the mutual agreement of the parties. However, in the event that the parties cannot agree, the terms of the Order shall control, pending further Order of Court. BY THE COURT: I1J J. Dist Monica E. Baturin, Esquire. 717 N, Second Street, Harrisburg, PA 17102 .2J Harold Louis Hoffman, prose, 1208 Vine Street, Middletown, PA 17057 ~,~ 4-/1.0 {}-. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1074 CIIVIL TERM KELLY LYNN BURNS, v. CIVIL ACTION - LAW HAROLD LOUIS HOFFMAN, 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Adelyn Hannah Burns Austin Joseph Thomas Burns October 27,1998 Mother November 10,1996 Mother 2. A Custody Conciliation Conference was held on April 9, 2002 pursuant to Mother's Petition for Custody filed on March 4, 2002. Attending the conference were the Mother, Kelly Lynn Burns, and her counsel, Monica E. Baturin, Esquire; the Father, Harold Louis Hoffman, appeared pro 5e, 3. attached, The parties reached an agreement in the form of a Temporary Order as 4~/J. ,OJ.-. Date elissa Peel Greevy, Esquire ustody Conciliator ; 156938