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HomeMy WebLinkAbout06-2789ELEANORE M. HOSFELT, Plaintiff V. ROBERT C. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-a7 p9 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY RARASSOCL47YON 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 ELEANORE M. HOSFELT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. O G - 17 P9 CIVIL TERM ROBERT C. HOSFELT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY COMPLAINT 1. Plaintiff is Eleanore M. Hosfelt, who currently resides at 101 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Robert C. Hosfelt, who currently resides at 136 McCullough Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 26, 1992 at Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, ? 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since March 25, 2005, and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the tight to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from September 26, 1992, to March 25, 2005, the date of their separation, which property is "marital property" 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III -ALIMONY, APL. COUNSEL FEES 14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV-CUSTODY 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. The Plaintiff seeks custody of the following children: Name Address DOB Tyra Hosfelt Kendra Hosfelt 101 Broad Street Newville, PA 17241 101 Broad Street Newville, PA 17241 19. Tyra Hosfelt was not born in wedlock. 20. Kendra Hosfelt was born in wedlock. March 8, 1991 March 21, 1996 21. The children are presently in the primary custody of Eleanore Hosfelt, 101 Broad Street, Newville, Cumberland County, Pennsylvania. 22. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Robert and Eleanore Hosfelt 101 Broad Street, Birth to present Newville, PA 17241 23. The mother of the children is Eleanore Hosfelt, who currently resides at 101 Broad Street, Newville, Cumberland County, Pennsylvania. 24. The father of the children is Robert Hosfelt, who currently resides at 136 McCullough Road, Shippensburg, Cumberland County, Pennsylvania. 25. The mother and father of the children are currently married. 26. The relationship of Plaintiff to the children is that of Mother. 27. The relationship of Defendant to the children is that of Father. 28. The Defendant currently resides with the following persons: Unknown 29. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 30. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 31. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 32. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor children since their birth. She has: i.Planned and prepared meals; ii.Bathed, groomed and dressed the children; iii.Purchased, cleaned and cared for the children's clothing; iv.Arranged medical care, including trips to physicians; v.Arranged alternative daycare; vi.Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Mother. C. Mother is able to provide a stable environment for the children. 33. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical custody of the children to the Plaintiff/Mother. DATE 05 lot, Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty ID No. 86914 Lo (j 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, ELEANORE HOSFELT, verify that the statements made in this Divorce and Custody Complaint ate true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date J - 2-Z -yy/ ELEANORE HOSFELT ELEANORE M. HOSFELT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. CIVIL TERM ROBERT C. HOSFELT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 16`h day of May, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Complaint for Divorce and Custody on the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: By First-Class and Certified Mail: Robert C. Hosfelt 136 McCullough Road Shippensburg, PA 17257 Kara W. Haggerty Ski Sh ? J A n r„ ? a o ? W Coll' 6 Z n w ELEANORE M. HOSFELT IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT C. HOSFELT DEFENDANT 06 0-2789 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 19, 2006 , 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, June 15, 2006 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. 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: /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 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t 3 O_ N Q c° ELEANORE M. HOSFELT, Plaintiff V. ROBERT C. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2789 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned action on behalf of the Defendant, Robert C. Hosfelt. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire Supreme Court ID # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant Date: June 8, 2006 h.? f7 ? _. - _ ? ? -?I_ ' .. -a' ::-i ,.?, ... -< ' JUN P d 200(6 ELEANORE M. HOSFELT, IN THE COURT OF COMMO lF Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-2789 CIVIL TERM ROBERT C. HOSFELT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY MOTHER/PLAINTIFF'S PRECONCILIATION MEMORANDUM 1. FACTUAL BACKGROUND The parties to this action ate the mother, Eleanore M. Hosfelt, hereinafter referred to as "Mother," and the father, Robert C. Hosfelt, hereinafter referred to as "Father." Mother and Father were married on September 26, 1992, and separated on March 25, 2005. Mother and Father are in the process of getting a divorce, pursuant to a divorce complaint filed on May 16, 2006. The children in question are Tyra Hosfelt, born March 8, 1991 and Kendra Hosfelt, born March 21, 1996. The children are presently in the primary custody of Mother. Mother had been the primary caregiver of the minor children since their birth and is able to continue to provide a stable environment for the children. II. NAMES OF FACT WITNESSES AND ANTICIPATED TESTIMONY: A. Eleanore M. Hosfelt, Mother. B. Tyra Hosfelt, Daughter. C. Kendra Hosfelt, Daughter. D. Robert C. Hosfelt, Father, as on cross-examination. E. Mother/Plaintiff reserves the right to call rebuttal witnesses, if necessary. F. Mother/Plaintiff reserves the right to supplement this request. III. NAMES OF EXPERT WITNESSES AND ANTICIPATED TESTIMONY: None at this time. Mother/Plaintiff reserves the tight to supplement this request. r- - IV. ISSUES FOR RESOLUTION: A. Whether it is in the subject minor children's best interest for the Mother/Plaintiff, Eleanore M. Hosfelt, to have primary physical custody of the subject minor children? Suggested Answer: In the affirmative. B. Whether it is in the subject minor children's best interest for Father/Defendant to have partial physical custody every other weekend for day visits, returning the minor children to the Mother/Plaintiff at night? Suggested Answer: In the affirmative. C. Whether the parties' children may be present for the conciliation conference and provide testimony to the custody conciliator? Suggested Answer: In the affirmative. V. ESTIMATED LENGTH OF TRIAL: One (1) to two (2) hours for Mother/Plaintiffs case. VI. REPORTS FROM APPROPRIATE AGENCIES: None at this time. Mother/Plaintiff reserves the right to supplement this request. VII. REPORTS OF EXPERTS INTENDED TO BE CALLED AS WITNESSES: None at this time. Mother/Plaintiff reserves the right to present any reports from any experts intended to be called as witnesses, if necessary. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. ra ? Kara W. Haggerty, E ( I ) 36 South Hanover Stre v Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 1 ELEANORE M. HOSFELT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-2789 CIVIL TERM ROBERT C. HOSFELT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this le day of June, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Pre-conciliation Memorandum on the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: By First-Class and Certified Maih Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Kara W. Haggerty r? J C?}':' ? -e-? C.- ? .-a K.y Ctti? _. .? - -. ?f"7 ? J ., F' ?i.J y ?(tl ? -V " '.. ?,? `? ..? 3= JUL 17 2006 ELEANORE M. HOSFELT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2789 CIVIL ACTION - LAW ROBERT C. HOSFELT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this zo ? day of d 2006, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The Mother, Eleanore M. Hosfelt and the Father, Robert C. Hosfelt, shall have shared legal custody of Tyra Hosfelt, born March 8, 1991 and Kendra Hosfelt, born March 21, 1996. 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. §5309, 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 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 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. The parents shall have shared physical custody of the children on the following schedule: A. Father shall have physical custody every Monday and Thursday overnight from after school or after work. B. Mother shall have physical custody of the children every Tuesday and Wednesday overnight from after school or after work. C. Alternating weekends from Friday after work or school to Sunday at 5:00 p.m. „ +; ,'7 .'???, ::! 1 3. Each party shall have physical custody of the children for four non consecutive weeks provided they give the other party one week prior notice. 4. Holidays: A. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. B. Thanksgiving shall be shared such that Mother will always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children 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 Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. The party having physical custody on Christmas Eve shall have Block A and the other parry shall have Block B. D. Easter shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. with Mother having physical custody in 2007. E. Father shall always have physical custody of the children on Memorial Day. Mother shall always have physical custody of the children on Labor Day. The parties shall alternate July 4th with Father having odd numbered years and Mother having even numbered years. 5. Transportation shall be shared such that the receiving party shall transport. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -,- ? 4, J. cc: Kara W. Haggerty, Esquire, Counsel fVMother ` Michael A. Scherer, Esquire, Counsel for Father I ELEANORE M. HOSFELT, Plaintiff V. ROBERT C. HOSFELT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2789 CIVIL ACTION - LAW : 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 concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyra Hosfelt March 8, 1991 shared Kendra Hosfelt March 21, 1996 shared 2. A Conciliation Conference was held in this matter on July 17, 2006, with the following in attendance: The Mother, Eleanore M. Hosfelt, with her counsel, Kara W. Haggerty, Esquire, and the Father, Robert C. Hosfelt, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to an Order in the form as attached. Date 17acqu6fine M. Verney, Esquire Custody Conciliator ELEANORE M. HOSFELT IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 06-2789 ROBERT-' C. HOSFELT DEFENDANT CIVIL ACTION-LAW MOTION FOR APPOINTMENT OF MASTER ELEANORE M. HOSFELT, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested, with the exception of an appraisal of the marital home which is in the process of being completed. 2. The Defendant has appeared in the action by his attorney, Michael A. Scherer, Esquire. 3. The statutory ground for the divorce is: 3301(c) and (d) 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: PROPERTY DISTRIBUTION, ALIMONY, COUNSEL FEES 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take less than one day. 7. Additional information, if any, relevant to the motions: - DATE -0 I q( c AND NOW, 2007, Master with respect to the following claims: Kara W. Haggerty 1 E, Attorney for Plaintiff , Esquire, is appointed BY THE COURT, J• ?" J `?? { (:, " ? ? ??^S •:a-- ? C . t ti? ?? •. -""?? .. _ ,` c ,: ., _..... t.r ELEANORE M. HOSFELT, Plaintiff VS. ROBERT C. HOSFELT, Defendant THE COURT OF COMMON PLEAS`fQ CUMBERLAND COUNTY, PENNSYLV NO. 06 - 2789 CIVIL IN DIVORCE TO: Kara W. Haggerty , Attorney for Plaintiff Michael A. Scherer , Attorney for Defendant DATE: Monday, January 22, 2007 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 1, (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DZ (z 'n . F ( DATE COUNSEL FOR *FNT COUN SEL FOR ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. c 'Ln ELEANORE M. HOSFELT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-2789 CIVIL TERM ROBERT C. HOSFELT, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Eleanore M. Hosfelt, pursuant to the divorce action filed at the above term and number, hereby elects to resume the prior surname of Wolfe, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: / -Q -,? 'e-" 0'? Eleanore M. Hosfelt b7 Eleanore M. Wolfe COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On the C?7nn -7? day of , 2008, before me, a Notary Public, personally appeared the above affiant kno n to me to (e the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained In Witness Whereof, I have hereunto set my hand and official seal. d"M Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman, Notary Public Carlisle Boro, Cumberland County My Commission EmIrm April 7, 2009 Member, Pennsylvania Association of Notaries V W Q `?- 4= --i [?`! m r? rni= \ h CO (C CX> OM & Kii-uLAKis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ELEANORE M. HOSFELT PLAINTIFF vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2789 ROBERT C. HOSFELT DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 2. A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 16, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I verify 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 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /T l y D? ;4ZZ/- e ROBERT C. HOSFELT c'? ? ?.? ?, X cY°5 Cdr 'f"3 { r ^? i'1 f {'" F' i ., ?? ?._ e,: ":7 .?'., :a: An OM & .ITLiLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ELEANORE M. HOSFELT PLAINTIFF vs. ROBERT C. HOSFELT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 06-2789 DEFENDANT : CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE 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 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 immediately after it is filed with the Prothonotary. I verify 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 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ? g- ROBERT C. HOSFELT s7 ? ? t i' ?' 4..p3 '? '°T X , ?? --r+ ?Y ? "' ? .;i;, ??' .,_ ......! ?± (??1 +y' "" . ? & KAom uLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ELEANORE M. HOSFELT PLAINTIFF vs. ROBERT C. HOSFELT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2789 DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 16, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I verify 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 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: J CJ D e7ua'u?? ODP-? ELEANORE M. HOSFELT SI, Aom ?' iITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ELEANORE M. HOSFELT PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 06-2789 ROBERT C. HOSFELT DEFENDANT :CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE 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 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 tome immediately after it is filed with the Prothonotary. I verify 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 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date• ? -? ?0 ELEANORE M HOSFELT s_ta 'y'"?:"s l - c. ELEANORE M. HOSFELT, Plaintiff VS. ROBERT C. HOSFELT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2789 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this gtk day of &4&k1w, 2008, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on September 5, 2008, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, ,.1 GLjl?k Edgar B. Bayley, P.J. cc: ra W. Haggerty Attorney for Plaintiff ichael A. Scherer V Attorney for Defendant ?- CID `r _ r_o L.L.{ cr:_a [.) C- r.r ELEANORE M. HOSFELT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 2789 CIVIL ROBERT C. HOSFELT, Defendant IN DIVORCE THE MASTER: Today is Friday, September 5, 2008. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Eleanore M. Hosfelt, and her counsel Kara W. Haggerty, and the Defendant, Robert C. Hosfelt, and his counsel Michael A. Scherer. The complaint in divorce was filed on May 16, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel are going to provide the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution, alimony, and counsel fees and costs. The Master has been advised that after negotiations today, the parties have reached a settlement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the 1 r record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Counsel and the parties will return later today to review the agreement for typographical errors, make any corrections as necessary and then sign the agreement affirming the terms of settlement. The parties are bound, however, by the agreement as stated on the record even though there is no subsequent affirmation by signing when they leave the hearing room today. The parties were married on September 26, 1992, and separated March 25, 2005. They are the parents of two children. The parties share custody of the children both legal and physical. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Scherer. MR. SCHERER: 1. Husband is the record owner of real estate located at 136 McCullough Road, Shippensburg, Pennsylvania 17257. Wife wavier any marital interest she has in this property. 2. In exchange for wife's waiver of her marital interest in the real estate located at 136 McCullough Road, Shippensburg, Pennsylvania, husband agrees to pay wife the sum of $30,000.00 within ninety (90) days of today's date. 2 3. Husband pays wife spousal support pursuant to a case filed through the Cumberland County Domestic Relations section at PACES NO. 713108243. Wife agrees to terminate her collection of spousal support under that case effective today. 4. The parties agree to divide equally the marital portion of husband's Teamsters pension benefits by using the coverture fraction as defined in the Divorce Code at Section 3501(c). Husband's counsel shall be responsible for preparation of the QDRO. 5. Wife shall be entitled to claim the children as exemptions for income tax purposes for tax year 2008 and subsequent years. 6. Wife waives her claim for alimony as set forth in the divorce complaint. 7. Wife waives her claims for counsel fees and costs and expenses as set forth in the divorce complaint. 8. If husband has the following items in his possession, he agrees to give wife the baby sweater, two baby spoons, the encyclopedia set and allow wife to copy family pictures within ninety (90) days of today's date. Each party will retain the household tangible personal property in his or her possession subject to the provisions as set out above. 9. There are no marital debts and each party will be responsible for their own obligations on debits hereafter. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. HAGGERTY: Ellie, do you understand the 3 the terms of the agreement that were put on the record by attorney Scherer? MS. HOSFELT: Yes. MS. HAGGERTY: Do you agree with all the terms that were outlined? MS. HOSFELT: Yes. MS. HAGGERTY: Do you intend to abide by the terms of the agreement as outlined? MS. HOSFELT: Yes. THE MASTER: And you understand that you are bound by the agreement when you leave the hearing room even though you are subsequently going to be asked to sign it? MS. HOSFELT: Yes. MR. SCHERER: Bob, it's about 11:20 a.m. and we have been talking about this case since about 9:00 this morning; is that right? MR. HOSFELT: Yeah. MR. SCHERER: Do you understand the things that we have been talking about this morning? MR. HOSFELT: Yep. MR. SCHERER: And you understand that in the absence of this agreement that this case would be decided by the Divorce Master? MR. HOSFELT: Yep. MR. SCHERER: And knowing that, is it your 4 #• desire to enter into the agreement that I dictated on to the record a few minutes ago? MR. HOSFELT: Yes. MR. SCHERER: And do you understand the agreement? MR. HOSFELT: Yes. THE MASTER: And you understand that you are bound when you leave the hearing room to the terms of the agreement? MR. HOSFELT: The only problem that I have is if the bank won't give me the money. THE MASTER: Off the record. (A discussion was held off the record.) THE MASTER: You understand that you are bound by the agreement when you leave today? MR. HOSFELT: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 5 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: kM',U). L?Xa, `M Kara W. Hagge:r Eleanore M. Hosfelt Attorney for 'n if is ael A. Scherer Robert C. Hosfel Attorney for Defendant 6 4 OM & LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ELEANORE M. HOSFELT PLAINTIFF VS. ROBERT C. HOSFELT DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2789 : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Robert Hosfelt, at Carlisle, Pennsylvania, addressed as follows: Robert Hosfelt 136 McCullough Road Shippensburg, PA 17257 Return card acknowledging receipt on May 24, 2006 is attached as Exhibit "A". ABOM & KUTULAKi4 LLP I Date: I lob. Kara W. Haggerty, Es squire 36 South Hanover St_ t Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 86914 r ` V. ¦ Complete Items 1, 2, and 3. Also cotry?iMbe item 41f Resbicted Delivery Is desired. ¦ Print your name and address on the mmse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to. + ??r? to ?-4 C ,,,rt 1 CF w?••IAI A. Signature 13 Agent X ? Addna B Received (P MOM ) C. i `f 5? D. is d* my address different *om Item 1? 0 Yes H YES, enter delivery address below: 0 No 3. Service Type ,VCC;ertMW Mall 0 Express Mail 0 Registered 0 Retum Receipt for Mendwxose 0 Insured Mall 0 C.O.D. 4. Restricted Delkwr (Extra Fee) 0 Yes 2• Article Number ?005 1820 0002 461? 1905 (rnWWW from aeMce le* PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 i EXHIBIT `A" cmt tr ..s 41 & KlAlom LAKIS Kara W. Haggerty, Esquire Attorneyl.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 ELEANORE M. HOSFELT PLAINTIFF vs. ROBERT C. HOSFELT DEFENDANT To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2789 CIVIL ACTION-LAW Transmit the record, together with the following information, to the Cumberland County Court of Common Pleas for entry of a divorce decree: 1. Ground(s) for Divorce: a. Irretrievable Breakdown under 53301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. May 24, 2006 by Certified Mail 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff September 5, 2008 b. by Defendant: September 5, 2008 4. Related claims pending: None a. Marital Settlement Agreement dictated on the record fully executed: i. by Plaintiff September 5, 2008 ii. by Defendant: September 5, 2008 a 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record: a. N/A. 6. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: September 5, 2008 b. by Defendant: September 5, 2008 Respectfully submitted, DATE 09 n 08 ABOM & KUTULAKi4 L.L.P - /< A u-) - Kara W. Haggerty, s e Supreme Court I 14 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff V-3 c? ca Q 3 o, ` , '0 Jl co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ELEANORE M. HOSFELT, - ?' Plaintiff - NO. 06-2789 CIVIL NO. VERSUS ROBERT C. HOSFELT, Defendant DECREE IN DIVORCE AND NOW, loo , IT IS ORDERED AND DECREED THAT ELEANORE M HOSEELT PLAINTIFF, AND ROBERT C. HOSFELT , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A RY Marital Settlement Agreement dated September 5, 2008 is inco orated but not merged into this Decree ,?? ? ? ' ? ? aos? ? OM & &UTULAKIS Kara W'. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ELEANORE M. WOLFE, (previously Eleanore M. Hosfelt), Plaintiff V. ROBERT C. HOSFELT, Defendant FLED JFT ?,F ?NE P; '?" ±`?'ARY 2010 FEB -9 PM l: 29 r?htiV?f?Y/h? •? rt, v It IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2006-2789 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION TO AUTHORIZE RELOCATION OF THE CHILD AND REQUEST FOR PLOWMAN HEARING AND NOW, comes the Petitioner, Eleanore Wolfe, previously known as Eleanore Hosfelt, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition, and in support thereof, avers as follows: 1. Petitioner is Eleanore Wolfe, previously known as Eleanore Hosfelt, an adult individual currently residing at 143 State Route 711, Champion, PA 15622, (hereinafter referred to as `Mother') 2. Respondent is Robert Hosfelt, an adult individual currently residing at 136 McCullough Road, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as `Father'). 3. The parties are the natural parents of Tyra Hosfelt, born March 8, 1991, and Kendra Hosfelt, born March 21, 1996. m.tf /3 ?7,f w ?3 -7 VO 4. This Petition only concerns Kendra Hosfelt (hereinafter referred to as `Child'), as Tyra Hosfelt has reached the age of majority. 5. An Order for Custody was entered on July 20, 2006, by the Cumberland County Court of Common Pleas at Docket No. 2006-2789, which granted the parties shared legal custody and shared physical custody. (A copy of the July 20, 2006, Order of Court is attached hereto as `Exhibit A'). 6. The Order provides: Father to have physical custody every Monday and Thursday overnight from after school or after work; Mother to have physical custody every Tuesday and Wednesday overnight from after school or after work; and, Father and Mother alternate weekends from Friday after work or school to Sunday at 5:00 p.m. 7. Mother has recently moved a geographic distance away from her previous residence to Champion, PA, which makes the current custody arrangement unfeasible. COUNT I: PETITION FOR MODIFICATION 8. Paragraphs one (1) through seven (7) are incorporated herein by reference as though set forth in full. 9. Petitioner requests to have the Order of Custody modified to allow the Child to relocate to Mother's new residence so that the Child can attend school in the Mother's school district. 10. In considering Petitioner's request, the Court must consider: a. whether the planned relocation will substantially improve Petitioner's quality of life, as well as that of the child; b. whether Petitioner's motive in wishing to make the move is pure and not based on whimsical or spiteful reasons; and, 2 C. whether there is an available, realistic, substitute visitation arrangement that can be made which will foster an ongoing relationship between the child and the non-custodial parent. 11. Petitioner believes that relocation to Champion, Pennsylvania will substantially improve the quality of life for Petitioner and the Child for the following reasons: a. Mother is in a stable relationship with her significant other in her new location; b. Mother and Child will both be closer to extended family; c. Kendra will be attending school with some of her cousins; d. Kendra will be attending Mt. Pleasant School District, one of the top ranked schools in the state of Pennsylvania; e. Kendra, who has ADHD and an Individualized Education Plan JEP), will be with Mother who has been the parent primarily responsible for Kendra's education and IEP; f. Mother's proposed visitation/partial custody schedule would still provide Father with large amounts of custodial time; and, g. Mother made this move after discussing it with Father and obtaining a verbal agreement that Kendra would also move with Mother. 12. Petitioner's motives in seeking to relocate are pure and in no way done to interfere with Respondent's relationship with the child. 13. A realistic substitute visitation schedule to allow Respondent time with the child is possible. Petitioner is willing to work out a reasonable visitation schedule with Respondent, similar to the following: a. Mother will have primary physical custody. b. Father shall enjoy partial physical custody of the Child as follows: 3 i. Three (3) weekends of the month from Friday at 7:00 p.m. through Sunday at 7:00 p.m. ii. School Breaks: Father shall exercise custody for the times that the Child is out of school for holiday breaks, except as referenced below. It is anticipated that these breaks will occur for the Thanksgiving holiday and for Easter/Spring Break. iii. Summer: Father shall be entitled to three (3) out of every four (4) weeks that the child is out of school for the summer. Father shall begin the summer custody schedule with the first Friday that the child is out of school for the summer. iv. At all other times that the parties may agree. c. The parties will share all major holidays by agreement as follows: i. Christmas: The Christmas holiday shall be divided as follows: Mother shall exercise custody from the time the Child is out of school through Christmas Day at noon every year. Father shall exercise custody from Christmas Day at noon until two days prior to the Child returning to school every year. ii. Thanksgiving: Thanksgiving break from school shall be spent with Father each year. iii. Mother's Day/Father's Day: Each parent shall exercise custody of the child for the respective holidays of Mother's Day and Father's Day. The parties shall arrange the weekend custody schedule so that the respective parent exercises their weekend of custody on Mother's Day and Father's Day weekends. iv. All other holidays shall be shared or alternated by agreement of the parties. 4 WHEREFORE, Petitioner respectfully requests This Honorable Court grant Petitioner permission to relocate the Child to Champion, Pennsylvania and grant Petitioner primary physical custody. COUNT II• REOUEST FOR PLOWMAN HEARING 14. Petitioner wishes to have the Child relocated to her as soon as possible for an easier transition to the new school. 15. Petitioner has made contact with the Mt. Pleasant School District to determine the best time and method for Kendra to relocate to her new school so as to cause the least disruption for the child. 16. Respondent, despite his previous agreement with Petitioner to allow the relocation, has advised Petitioner that he will not enter into an agreement to allow Kendra to change schools. 17. Since a hearing must be held on the issue of relocating permanently, and that hearing would delay the relocation of the Child to Mother is requesting to bypass the conciliation process and proceed immediately to a hearing before the court on relocation and modification of custody. WHEREFORE, Petitioner respectfully requests This Honorable Court grant Petitioner's request for a Plowman hearing and to schedule a hearing on relocation and modification on the next available court date. Respectfully submitted, ABOM& KUTULAKIS, L.L.P. / -? j February 9, 2010 Kara W. Haggerty, Esq I?rjj Attorney ID No. 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 5 JUL 17X006 ELEANORE M. HOSFELT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2789 CIVIL ACTION - LZA ROBERT C. HOSFELT, Defendant IN CUSTODY ? 2 44 ORDER OF COURT '•.., AND NOW, this au z`` day of , 2006, upon consideration of the attached Custody Conciliat' n Report, it is ordered and directed as follows: 1. The Mother, Eleanore M. Hosfelt and the Father, Robert C. Hosfelt, shall have shared legal custody of Tyra Hosfelt, born March 8, 1991 and Kendra Hosfelt, born March 21, 1996. 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. §309, 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 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 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. The parents shall have shared physical custody of the children on the following schedule: A. Father shall have physical custody every Monday and Thursday overnight from after school or after work. B. Mother shall have physical custody of the children every Tuesday and Wednesday overnight from after school or after work. C. Alternating weekends from Friday after work or school to Sunday at 5:00 p.m. EXHIBIT I . Each party shall have physical custody of the children for four non consecutive weeks provided they give the other party one week prior notice. 4. Holidays: A. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. B. Thanksgiving shall be shared such that Mother will always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children 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 Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. The party having physical custody on Christmas Eve shall have Block A and the other party shall have Block B. D. Easter shall be alternated by the parties from 9:00 a.m. to 9:00 p.m. with Mother having physical custody in 2007. E. Father shall always have physical custody of the children on Memorial Day. Mother shall always have physical custody of the children on Labor Day. The parties shall alternate July 41h with Father having odd numbered years and Mother having even numbered years. Transportation shall be shared such that the receiving party shall transport. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Kara W. Haggerty, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father + .. ?_y..?.. .?ye,,y'v??..??y,"????? 6 py,?. '?.aY. Y?¦@?y ?Ifa?.yl?,: rv,, a ??,y?.?,? 1 pa Y 6 ?r1 Pf f{75 iM r 1 1 RAs ?i V.'i { W' a76'7'Y. =+ 1O?rtl9!' :-id of ur , f*. Prathona trtt VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: February 9, 2010 .- Kara W. Haggerty, Ejq CERTIFICATE OF SERVICE AND NOW, this 9"' day of February, 2010, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification to Authorize Relocation of the Child and Request for Plowman Hearing on the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 i LID, PAW/U Kara W. Haggerty L - ELEANORE M. WOLFE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-2789 CIVIL ACTION LAW ROBERT C. HOSFELT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 12, 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 Monday, March 22, 2010 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: Isl jacgueline M. Verney, Esglw! _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED--&,F CC -IF THE PRO 1 r'., YNEE`0TAPY 2010 FEB 16 AM 11: 5 9 rFi4h ,SYl,4A jA 4 APR 19 20 In ELEANORE M. WOLFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2789 CIVIL ACTION - LAW ROBERT C. HOSFELT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this d4 r!, day of , 2010, upon -1,1 k, 3 consideration of the attached Custody Concili tion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. `/ , of the Cumberland County Court House, on the X4 day of - , 2010, at o'clock, A. M., at which time testimony will a taken' For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated July 20, 2006 shall remain in full force and effect with the following modification. 3. The parties shall equally share physical custody of the child for the summer by agreement. 4. Transportation shall be shared such that the parties shall exchange custody at the Gateway Restaurant in Breezewood, Pennsylvania. 5. 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, ?/ ?? o n / Kevin . Hess, v cc: bra W. Haggerty, Esquire, counsel for Mother ?? ,v ter, Michael A. Scherer, Esquire, Counsel for Father -2- ELEANORE M. WOLFE, Plaintiff V. ROBERT C. HOSFELT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2789 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P. 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 Kendra Hosfelt March 21, 1996 shared 2. A Conciliation Conference was held April 16, 2010 with the following individuals in attendance: The Mother, Eleanore M. Wolfe, with her counsel, Kara W. Haggerty, Esquire, and the Father, Robert C. Hosfelt, with his counsel, Michael A. Scherer, Esquire. 2. The Honorable Kevin A. Hess previously entered an Order of Court dated July 20, 2006 providing for shared legal custody and shared physical custody. Mother has relocated to the western part of the state and requests a Plowman hearing. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody during the school year. Mother proposes Father have physical custody three weekends per month during the school year, all school breaks, except the Christmas holiday, which she suggests they share, and Father having three weeks every month in the summer. Mother maintains that she has relocated to better her financial situation and to be closer to family. She asserts that the school district she is in is better equipped to assist the child in her educational needs and IEP. 4. Father's position on custody is as follows: Father seeks to maintain the status quo and not grant Mother primary physical custody during the school year, and if Mother decides to not to turn to this area, that he have primary physical custody during the school year. Father asserts that the child wishes to continue to attend school in the Big Spring School District and that she has many friends and activities in the area. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with a minor modification pending the hearing. It is expected that the Hearing will require one day. Date cq line M. Verney, Esquire Custody Conciliator OM ~' X~ uLAKIs ---- Kara W. Haggerty, Esquire Attorney LD. #: SG914 2 West High Street Carlisle, PA 17013 (717) 249-0900 ELEANORE M. WOLFE, (previously Eleanore M. Hosfelt), Plaintiff v. ROBERT C. HOSFELT, Defendant 2~4Q ~_~~ 30 ~ ~ ~ ~ o~ CUP~~~+~,yS~'~11r ~~i~~4'~iY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2006-2789 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the Motion to Modify Custody filed in the above-referenced matter and cancel the hearing scheduled for July 22, 2010. DAB Zq ( ~ Respectfully submitted, W J ' 1 Supreme Court ID #86 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plainti~ Aaolrr & KUTULAKIS, L.L.P