HomeMy WebLinkAbout02-2707A. THOMAS HOFFECKER,
Plaintiff
Vo
MARY ELLEN HOFFECKER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
:
: CIVIL ACTION - LAW
CUSTODY COMPLAINT
I. Plaintiff is A. THOMAS HOFFECKER, an adult individual residing at 1022
Wansford Road, Mechanicsburg, C,umberland County, Pennsylvania 17050.
2. Defendant is MARY ELLEN HOFFECKER, an adult individual residing at 3521
Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The parties were married on September 17, 1983 and divorced on August 18, 1994.
children:
Plaintiff seeks shared physical custody and joint legal custody of the following
NAME
PRESENT RESIDENCE
DATE OF B~RTH
Amy Marie Hoffecker
Kathryn Ann Hoffecker
Sean Thomas Hoffecker
3521 Beech Run Lane
Mechanicsburg, PA
December 13, 1984
January 6, 1987
January 14, 1991
The children were not born out of wedlock.
The children are presently in the custody of the Defendant who resides at 3521 Beech
Run Lane, Mechanicsburg, Cumberland County, Pennsylvania.
5. During the past five years the children have resided with the following persons at the
following addresses:
DATES ADDRESSES
NAMES OF PERSONS
IN HOUSEHOLD'
From 10/95 to 3521 Beech Run Lane Mother
present Mechanicsburg, PA
The Father of the childre,n is Plaintiff, currently residing at 1022 Wansford Road,
Mechanicsburg, Pennsylvania. He is married.
The Mother of the children is Defendant, currently residing at 3521 Beech Run Lane,
Mechanicsburg, Pennsylvania. She is single.
currently resides with the following persons:
NAME
Kim Kenawell-Hoffecker
Alyssa Lee Hoffecker
The relationship of Plaintiff to that of the children is that of Father. The Plaintiff
RELATIONSHIP
Wife
Daughter
7. The relationship of Defendant to the children is Mother. The Defendant currently
resides with no other individual except the children in question.
8. 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 another court.
9. Plaintiff has no information of a custody proceeding concerning the children that is
presently pending in any court of this Commonwealth. As part of the parties' Custody/Property and
Marriage Settlement Agreement dated August 6, 1994, the parties agreed that they shall share legal
custody of the children. Mother was granted primary custody and Father was provided with partial
physical custody. This Agreement was incorporated but not merged into the parties' Divorce Decree
dated August 18, 1994. A copy'of the Divorce Decree and the pertinent paragraphs of the
Agreement are marked as Exhibit "A", attached hereto and incorporated by reference herein. The
parties later informally amended the Order to expand Father's time to include Thursday through
Sunday overnights on alternating weeks and Thursday overnights as well. In November, 2000,
custody issues arose between the parties which were handled through counsel with referral to a
family counselor mutually chosen by the parties, said counselor being Melinda Eash of Riegler,
Shienvold, and Associates. The parties have attended counseling, have worked out an expansion of
custodial time for Plaintiff with the parties' son, as well as agreed to supervision of the parties'
children, Kate and Scan for the Summer of 2002. It now appears that Mother is unwilling to abide
by the terms of the Agreement reached in counseling and intervention of the court is required.
10. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation fights with respect to the children.
11. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
12. Father believes and avers that it is in the children's best interest that his custodial
periods of physical custody be expanded. Father is loving and can provide a stable, nurturing yet
disciplined environment for the children. Mother has not acted in the best interests of the children.
She has not been consistent in her parenting and environment. She has lacked parental control over
the children. A need for supervision of these teenage children must occur. Counseling for the
parties must also occur.
13. The best interest and permanent welfare of the children will be served by granting the
relief requested because Plaintiff can provide a stable, loving environment for his children.
WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal and expanded
physical custody of the children to him.
Dated: June 4, 2002
Respectfully submitted
squire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
EXHIBIT "A"
e IN THE COURT OF COMMON 'PLFAS?I~
OF CUMBERLAND COUNTY
STATE OF ~
PENNA.
A. TI-lOMAS .HOFEECKER ...................
Plaintiff
Versus
... MARy ELLEN_..HOF.F. ECKER,. .................
De fendant
Civil Term
9~
DECREE IN
DIVORCE
AND NOW .... .augu$1:..].8, ................
a. THOMAS HOFFECKER plaintiff,
decreed that ..................................................
and ...................
are divorced from the bonds of matrimony.
19.9.6 .... it is ordered and
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has:fiOt*"ye
been entered;
None / Said Agreement cla%ed. 6 August il?gh ,bein8
.i O~.o.~po r.e,t.~ ~k kn. ~hJ,$. Dm~ree.,..but..r~ot. ~r~e~l .ther. eiz~,
Atte*t. Lawrence g. Welk~, ~o~a~ ..'.' :~:
CUSTODY/PROPERTY
AND
MARRIAGE SETTLEMENT AGREEMENT
IlS
BY AND BE'I'WEEN: MARY ELLEN'HOFFECKER, of Mechanicsburg,
Cumberland County, Pennsylvania,
hereinafter called the 'WIFE",
ANID .-,:~- ~
A. THOMAS HOFFECKER, of Enola,.,,~umbed~d
County, Pent'sylvania, "'-~,'~" .... .... .
hereinafter cailed, the "HUSBAND" ,,; .,,,
W I T N E S S E T H: ~
WHEREAS. HUSBAND and WIFE, were la~ully married on the 17th day
September. 1983 in Havertown, Del,aware.County, Pennsylvania; and ·,
WHEREAS. HUSBAND and WIFE, have three (3) children ~m to .....
~..
AMY MARIE (dob 12/13~4), KATHRYN ANN (dob 1~6~7), and SEAN THOMAS
(dob 1/14~1) and .
......... ~ ', ~ ,.....~ [.~?~':..?,
WHEREAS, dweme, ce~am d~n~s d~sp~os and d~fficulbo~ h~
ansen be~een HUSBAND and WIFE In~ ~nsequon~ ~ which they tr~
separate and apa~ from each other; a~
.
thirtieth (30th) day following settlement of the marital residence. Said payments shall
remain in effect until each child attains the age of eighteen (18), respectively.
HUSBAND agrees to be responsible for the $1,740 per month mortgage payment until
the residence sells and settles in lieu of making said child support payments, and
WIFE specifically agrees that the provision is fair and equitable and that she will not
seek child support or spousal support through Domestic Relations in the intedm.
B_.~ WIFE shall have primary physical custody of the three (3)
children. HUSBAND shall have liberal periods of temporary custody, as mutually
agrccd to between the parties, in the best interests of the children.
"Liberal periods of temporary custody" shall be
defined, as a minimum, to include:
1. Every other weekend;
2. One (1) evening during the week.;
3. Shared time on holidays to include:
a. Easter, Mothers' Day, Memorial Day,
Father's Day, 4th of July, Labor Day, Thanksgiving, Christmas, New Year's Day, and
the birthdays of all three (3) children.
4. One or more weeks each summer, to coincide
with Father's vacation time each year.
6
C. Husband is entitled to temporary custody of all three
children at one time, or just one, at his option for the aforementioned times in "B"
above.
D. Parties hereto agree to shared leqal custody which means
both are entitled to information concerning the children's medical records, school
records, and religious training. Furthermore, both parties hereto agree to consult with
each other on all matters concerning medical situations, educational choices, and
religious training before any decisions are made regarding the best interests and
welfare of the children in these three areas.
E_.. Parties agree that HUSBAND shall be able to claim all three
(3) children as tax exemptions every year that they are eligible to be claimed as
dependents until age eighteen (18), and beyond as may be allowable by the I.R.S.
Code and regulations.
F. WIFE currently maintains certain life insurance policies on the
her life, with the children named as beneficiaries. If for any reason, WIFE
is unable or unwilling to make premium payments on said policies, she shall notify
HUSBAND, who shall have the option of becoming the owner of said policies,
in consideration of continuing to pay premiums, should HUSBAND become the
owner, he agrees to keep the children as named beneficiaries.
7
TWENTY-SIXTH: ADDITIONAL INSTRUMENTS -
tarries shall from tithe-to-time, at the request of the other, execute, acknowledge and
dqliver to the other any and all further instruments that may be reasonably required to
give fllll force arid effoct to the provisions of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound herebYl' the
p~rties have hereunto set their hands and seals the day, month and year first above
written, to this Custody/Property and Marriage Settlement Agreement, consisting of this
and fifteen (15) other typewritten, pages.
WITNESS
WITNESS
A. THOMAS HOFFI~KER (Husband),'
16
..;OMMONWEALTH OF'PENNSYLVANIA'"') ,.: ,, ,,,:.~..~....
,, ': )'Ss.: I I~el'' ,)~'- ~ . ~;m.~ ...,,-.;.~,,.-.,~ ~,;~
COU~Y OF
,.:~.~ ,' ~¢'-~
~' t~,DAy OF ' ' ~ ~ '
THIS
THE
public, the undersigned officer~"' ~pe~nall9 appeared :
MARY ELLEU HOFFECKER.' known to me (or satisfactorily proven) to
pmson whose nam[ is subscribed to the a~ached and fore~oin9 Custody~m~
and Marriage Settlement Agreement, and acknowledged that she ex~ ~e~,,,-,, .......
?~me for the purposes therein expressed.
IN WI ~NF~ WHEREOF. I hereunto set my hand and official seal.
Nota~ Public ~.~t~ ~.~
......... -,.-~~., ~ ,..
t...ly (;ommission Expires: .,~.. , ..... ~ . ....
· '.~, ,- ,.. ..,
I?'." ~ ',~'t":": ',:. ';". " :v ' ~, '':'
~"":, ."' ~:"~:,-~¢~:'t~ I" ,"" : '
COMMONWEALTH OF PENNSYL.VANIA )
COUNTYOF ~ ,,',~',~,.3~r L~ .... ) ,-
ON, THIS. THE C~,Ii' DAY OF ~ ~LL~":'[ ........... I9~t'4;' before mo,
public, the undersigned officer. ~ersohafiy appeared .~?~
A. THOMAS HOFFECKER. kn~ to me (or satisfactorily proven) to ~ ~e ,.=,...:~,.~
person whose name is subscribed to the:a~ached and foregoing Custody~tope~, '
and Marriage Se~lement Agreemen~ and':,acknowledg~ that he ex~?~..."~-
samo Ior tho pur~so~ t~min o~m~'~'. .;.~..:~::..-~'~}~
IN WITNESS WHEREOF, I hereunto ~t m hand a~ official seN.
": . :'4 ' /
' ' N0taPublic~'..
My Commission Expires: ~ ' ~D,~, '
A. THOMAS HOFFECKER,
Plaintiff
MARY ELLEN HOFFECKER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.
:
: CIVIL ACTION - LAW
:
VERIFICATION
I, A. Thomas Hoffecker, hereby certify that the facts set forth in the foregoing CUSTODY
COMPLAINT are true and correct to the best of my knowledge, information and belief. I
understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section
4904 relating to unswom falsification to authorities.
Dated~.a~, 2002
A. THOMAS HOFFECKER
PLAINTIFF
V.
MARY ELLEN HOFFECKER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-2707 CIVIL ACTION LAW
IN CUSTODY
AND NOW, Tuesday, June 11, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechaniesburg, PA 17055 on Monday, July 01, 2002 at 11:30 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/
Dawn S. Sunda,v. Esa.
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
A. THOMAS HOFFECKER,
Plaintiff
MARY ELLEN HOFFECKER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-2707
:
: CIVIL ACTION - LAW
:
AFFIDAVIT OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Custody
Complaint in the above-captioned matter by United States Mail, Restricted Delivery, Certified No.
7000 0600 0028 3892 4957, Return Receipt Requested, on the above-named Defendant, Mary Ellen
Hoffecker, on June 10, 2002 at Defendant's last known address: 3521 Beech Run Lane,
Mechanicsburg, PA 17050. The original receipt and return receipt card are attached hereto as
Exhibit "A".
I hereby certify that the facts set forth above are tree and correct to the best of my knowledge,
information and belief. I understand that any false statements made herein are subject to penalties of
18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
Dated: June 12, 2002
/~ Stree'tSulliv~,~squire
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
Certified Fee
Return F
·
, ia dealred.
il Illint y~w name and address on the reveme
~ that we can return the canal to you.
· ~tach this card:to the back ~fthe mailpiece,
el' on the front if space permits.
..
4. Pa,~c*:ted ee~wy'~ ~ F~)
EXHIBIT "A"
A. THOMAS HOFFECKER,
Plaintiff
VS.
MARY ELLEN HOFFECKER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02-2707 CIVIL ACTION LAW
:
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this ~ :~ ~ day of ~e~e ,2002, upon
consideration of the attached Custody C--o~ci'-liation R'epo~t, it is 6r d and directed as follows:
1. The Father, A. Thomas Hoffecker, and the Mother, Mary Ellen Hoffecker, shall have shared
legal custody of Amy Made Hoffecker, bom December 13, 1984, Kathryn Ann Hoffecker, born
January 6, 1987, and Scan Thomas Hoffecker, bom January 14, 1991. Each parent shall have an equal
fight, 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.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children on alternating weekends from
Thursday at 6:00 p.m. through Monday at the beginning of the school day or 9:00 a.m. when the
Children do not have school. The Father shall also have custody of Amy and Kathryn during the
interim weeks from Thursday at 6:00 p.m. through Friday at the beginning of school or 9:00 a.m. if the
Children do not have school and custody of Scan during the interim weeks from Wednesday at 6:00
p.m. through Friday morning at the beginning of school or 9:00 a.m. if Scan does not have school.
5. During the summer school break in 2002, Kathryn and Scan shall be supervised at all times
by either parent or the Father's wife, Klm. The parties' oldest daughter, Amy, may provide the
supervision if she is willing and available. The parties shall cooperate in making arrangements for
supervision in advance. When the Mother is working during her periods of custody and Amy is
unavailable to provide supervision, the Father (or the Father's wife) shall pick up the Children at 9:00
a.m., unless otherwise agreed between the parties. The parties shall cooperate in establishing future
summer supervision arrangements for the Children in advance each year. If the parties are unable to
reach an agreement, either party may file a Petition for an additional Custody Conciliation Conference.
follows: 6. The parties shall share or alternate having custody of the Children on holidays as
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run fi'om Christmas Eve at 7:00 p.m. through Christmas Day at 1:00 p.m., and
Segment B, which shall mn fi:om Christmas Day at 1:00 p.m. through December 26 at
9:00 p.m. The Mother shall have custody of the Children every year for the earliest
Christmas Eve Mass. In even numbered years, the Father shall have custody during
Segment A and the Mother shall have custody during Segment B and during odd
numbered years, the Mother shall have custody during Segment A and the Father shall
have custody during Segment B.
B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A,
which shall mn fi:om the day before Thanksgiving at 4:00 p.m. through Thanksgiving
Day at 2:00 p.m., and Segment B, which shall mn fi'om Thanksgiving Day at 2:00 p.m.
through the following Friday at 4:00 p.m. In even numbered years, the Mother shall
have custody of the Children during Segment A and the Father shall have custody
during Segment B. In odd numbered years, the Father shall have custody during
Segment A and the Mother shall have custody during Segment B.
C..ALTERNATING HOI.II~AYS: The parties shall alternate having custody of the
Children on the following holidays: New Years Day, Easter, Memorial Day, July 4th
and Labor Day. The holiday periods of custody under this provision shall mn fi:om 6:00
~ the day before the holiday through 8:00 p.m. on the holiday. The altemati~
holiday schedule shall begin with the Father having custody of the Children on July 4
D. .MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the
Children every year on Mother's Day and the Father shall have custody of the Children
every year on Father's Day fi'om 9:00 a.m. until 8:00 p.m.
E. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
7. Upon providing at least 30 days advance written notice, each party shall be entitled to have
custody of the Children for 2 non-consecutive weeks of vacation each year. A week shall be defined
as 7 consecutive days and shall include that party's custodial weekend so as not to disrupt the
alternating weekend schedule.
8. In the event either party is unavailable to provide care for the Children during his or her
period of custody for an overnight period or longer, that party shall first contact the other party to offer
the opportunity to provide care for the Children. The requirement that the Father provide the Mother
with the right of first refusal does not apply if the Father's wife, Kim, is available to provide care. The
right of first refusal shall not apply in the event a parent is unavailable to provide care during his or her
period of custody for less than an overnight period. However, in that event, the parent who is
unavailable (for less than an overnight period) shall make arrangements for supervision of the Children
by a responsible adult or the parties' oldest Child, Amy, if Amy is available and willing.
9. The parties acknowledge the need for continued counseling sessions for Kathryn, who is
currently participating in sessions with Amy Keisling at Riegler, Shienvold and Associates. If, in the
future, either party desires to terminate Kathryn's counseling, that party shall first consult with the
other parent in an attempt to work out a resolution. In the event the parties are unable to reach an
agreement as to the continued desirability of counseling for Kathryn, either party may file a Petition
with the Court for an additional Conciliation Conference.
10. Neither party shall do or say anything which may estrange the Children fi.om the other
parent, injure the opinion of the Children as to the other parent, or hamper the fi.ce and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
11. The Mother shall not leave the Children alone with Michael Miglino.
12. The residences, addresses and telephone numbers where the Children may be reached shall
at all times, including vacations, be known to both parties and each party shall immediately notify the
other by telephone, if possible, or telegram, of any major illness, serious injury, or other emergency
that may arise while the Children are in her or his custody. Each party shall be obligated to provide the
other with telephone numbers for immediate contact in the event of travel away fi.om home.
13. The parties shall share transportation for exchanges of custody.
14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc'.,~bara Sumple-Sullivan, Esquire - Counsel for Father
,,,2ramuel L. Andes, Esquire - Counsel for Mother
BY THE COURT,
Jo
A. THOMAS HOFFECKER,
Plaintiff
VS.
MARY ELLEN HOFFECKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2707 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 subjects of this litigation is
as follows:
NAME
Amy Marie Hoffecker
Kathryn Ann Hoffecker
Sean Thomas Hoffecker
DATE OF BIRTH
December 13, 1984
January 6, 1987
January 14, 1991
CURRENTLY IN CUSTODY OF
Mother
Mother
Mother
2. A Conciliation Conference was held on July 3, 2002, with the following individuals in
attendance: The Father, A. Thomas Hoffecker, with his counsel, Barbara Sumple-Sullivan, Esquire,
and the Mother, Mary Ellen Hoffecker, with her counsel, Samuel L. Andes, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
Custody Conciliator