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HomeMy WebLinkAbout02-3046JAMES M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 3o~t~ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE 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 Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JAMES M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 3o~/b CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, James M. Huffman, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, James M. Huffrnan, is an adult individual who currently resides at 79 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Shannon M. Huffman, is an adult individual who currently resides at 27 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on April 19, 1984 in Frederick, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, James M. Huffman, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Respectfully submitted, Date: JUN 4 Thomas S D~ehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. J~MES IVi. HUf*I~IV~ArN, Plaintiff JAMES M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3046 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 28th day of June 2002, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, James M. Huffman, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Shannon M. Huffman, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on June 27, 2002. Respectfully submitted, ~hJl~ Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX 13" r'LI C:3 a- po~tage I J1 Certlfleci Fee Return Receipt Fee (En(tomement Required) Reetdcted Deilve~y Fee (Endorsement Required) Total 1~3~tage & Fee~ I.x3 $ ~0.57 $1 ..~1J ' $3,20 $7.37 $ ~ent To M. HUFFMAN SE 0013 Hem · Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SHANNON M. HUFFMAN 27 RAYS DRIVE A.S re 0 Agent D. ~s ~d~ d~ ~ 17~ Yes ~ YES, enter delive~ ~dmss below: ~ No RESTRICTEB, PA DEL}VERY 3. Se~ice Type ' ~ Certified Mail ~press Mail ~ ~ R~iste~ ~ Return R~eipt for M / ~ Insu~ Mail ~ C.O,D. 2. ~ic~e, Num~ ?00~ 25~0 0006 5890 2569 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 JAMES M. HUFFMAN, : PLAINTIFF : V. : SHANNON M. HUFFMAN, : DEFENDANT : . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3046 IN DIVORCE PETITION FOR AWARD OF ALIMONYe ALIMONY PENDENTE LITEt COURT COSTSf COUNSEL FEES~ EQUITABLE DISTRIBUTION TO THE HONOP. ABLE, THE JUDGES OF SAID COURT: COMES NOW, Shannon M. Huffman, Defendant by her attorney, Ruby D. Weeks, Esquire, and she respectfully represents that: 5o Plaintiff is James M. Huffman, an adult individual residing at 79 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania. Defendant is Shannon M. Huffman, an adult individual residing at 27 Rays Drive, New~ille, Cumberland County, Pennsylvania. Plaintiff and Defendant are husband and wife, having been married on April 19, 1984. Plaintiff filed a Complaint in Divorce on June 25, 2002. REQUEST FOR DIVISION OF PROPERTY The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". Upon entry of a divorce decree, such property should be divided equitably as is just and proper. 7o ALIMONY AND ALIMONY PENDENTE LITE Defendant lacks sufficient means of support at present to fully provide for her reasonable needs, in that she is currently unemployed and Plaintiff earns substantially more than she does. Defendant requests an award of alimony pendente lite. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. Plaintiff is financially able to provide for the reasonable needs of Defendant. WHEREFORE, Plaintiff prays that Your Honorable Court enter an award for equitable distribution of property, alimony and alimony pendente lite, in favor of the Defendant and against the Plaintiff. CC: Thomas Diehl, Esquire, Plaintiff Ruby D. Weeks, Esquire, Defendant Respectfully submitted, Ruby D. ~ ~ ~re Attorney for Defendant 10 West High Street Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA .' COUNTY OF C~BERLAND .' ss Personally appeared before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct. ~HANNON M. HUFFMAN~ Sworn to and subscribed to beforq me this._~~h day Notary Public JAMES M. HUFFMAN, PLAINTIFF V. SHANNON M. HUFFMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3046 IN DIVORCE CERTIFICATE OF SERVICE I, RUBY D. WEEKS, ESQUIRE, Attorney for Shannon Huffman, Defendant, in the above-captioned action, hereby certify that certified, time stamped copies of the Defendant' s Petition for Award of Alimony, Alimony Pendente Lite,Court Costs, Counsel Fees, Equitable Distribution and Defendant' s Prae¢ipe to Proceed in Forma Pauperis were served upon counsel for Plaintiff' s counsel, Thomas Diehl, Esquire, by depositing the same in the United States mail, first class, on, September 24, 2002, addressed as follows: Thomas Diehl, Esquire P.O. Box 1290 Carlisle, PA 17013 Ruby D. Wee~ks, Esquire Attorney for Defendant 10 West High Street Carlisle, PA 17013 (717) 243-1294 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA tT0t 3 (7t7) 243-6090 ATTORNEY FOR DEFENDANT JAMES M. HUFFMAN, Plaintiff VS, SHANNON M. HUFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-3046 CIVIL TERM IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of THOMAS S. DIEHL, ESQUIRE, as attorney of record for the defendant in this matter. November I'~ 2002 ~-~OMAS S. DIEHL, ESQUIRE 1 WEST HIGH STREET SUITE 208 Carlisle, PA 17013 717-240-0833 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the defendant in this matter. Novembe~//J/, 2002 ~ESQ~IRE 35 EastrHigh Street Carlisle, PA 17013 717.243-6090 SUPREME COURT ID #87380 cc: RUBY D. WEEKS, ESQ JAMES M. HUFFMAN, PLAINTIFF V. SHANNON M. HUFFMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3046 IN DIVORCE NO. 565 SUPPORT 2002 MOTION TO WITHDRAW AS COUNSEl, AND NOW COMES, Ruby D. Weeks, Esquire, hereinafter referred to as attorney for the Shannon M. Huffman, who moves this Court to grant her motion to withdraw as counsel and in support thereof respectfully represents the following: 1. On or about August 16, 2002 Ruby D. Weeks, Esquire agreed to represent the client through the Mid Penn Legal Services and The Cumberland County Bar Association pro-bono program in divome, custody and support actions. 2. Ruby D. Weeks, Esquire has represented the client at Support Hearings, wherein various orders have been entered. 3. Serveral matters are pending which require the client's attention. 4. The client has failed to respond to letters or phone calls from her attorney, Ruby D. Weeks, Esquire concerning these matters; therefore, the attorney-client relationship has entirely broken down. 5. Continued representation by Ruby D. Weeks, Esquire is impossible under the circumstances. 7. Ruby D. Weeks, Esquire seeks to withdraw as counsel of record for the client. WHEREFORE, Ruby D. Weeks, Esquire prays this Honorable Court to grant her motion to withdraw as counsel in the above captioned matter. Respectfully submitted, Ruby D. Weeks, Esquire Ruby D. Weekg, Esquire 10 West High Street Carlisle, Pa 17013 (717) 243-1294 Attorney for the Plaintiff CC~ Nathan Wolf, Esquire - for Plaintiff Ruby D. Weeks, Esquire Shannon M. Huffman, Defendant VERIFICATION OF PLEADING I verify that the statements made in the attached pleadintg 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: Ruby D. W(~eks, Esquire JAMES M. HUFFMAN, Plaintiff V. SHANNON M. HUFFMAN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3046 CIVIL TEI~aM ORDER OF COURT AND NOW, this 6th day of October, 2003, upon consideration of the Motion To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, /? J.~esley Ole ,~.tt., J. Ruby D. Weeks, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff Nathan Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff /o Shannon M. Huffman 27 Ray's Drive Newville, PA 17241 Defendant, Pro Se irc JAMES M. HUFFMAN, PLAINTIFF V. SHANNON M. HUFFMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3046 IN DIVORCE NO. 565 SUPPORT 2002 DEFENDANT'S ATTORNEY, RUBY D. WEEKS' MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE Ruby D. Weeks, Esquire respectfully moves this Court to make absolute the rule to show cause which was issued, and in support states the following: 1. October 1, 2003 Ruby D. Weeks, Esquire filed a petition to withdraw as counsel for Defendant, Shannon M. Huf£man in her support matter and in her divorce action. 2. On October 6, 2003, this Court issued a rule on Shannon M. Huffman to show cause why Ruby D. Weeks, Esquire should not be allowed to withdraw as counsel, returnable twenty (20) days after Servicek 3. Shannon M.i Huffman has failed to answer Ruby D. Weeks, Esquire's petition to date. WHEREFOREI Ruby D. Weeks, Esquire requests that this Court make the rule to show cause absolute and grant the petition to allow Ruby D. Weeks, Esquire to withdraw as counsel for the Defendant. Date: Ruby D. W~,ek° 's, Esquire cc: Shannon M. Huffman JAMES M. HUFFMAN, Plaintiff V. SHANNON M. HUFFMAN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3046 CIVIL TERM ORDER OF COLTRT AND NOW, this 6th day of October, 2003, upon consideration of the Motion To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, .ftC/ y ~r, D. Weeks, Esq. st High Street Carlisle, PA 17013 Attorney for Plaintiff Nathan Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Shannon M. Huffman 27 Ray's Drive Newville, PA 17241 Defendant, Pro Se :rc JAMES M. HUFFMAN, PLAiNTIFF V. SHANNON M. HUFFMAN, DEFENDANT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3046 iN DIVORCE NO. 565 SUPPORT 2002 ORDER AND NOW, this | q ~. day of /~,~ ~ ~, ,' ~-, ~r__~ ,2003, upon consideration of Ruby D. Weeks' motion~it is hereby ORDERED that the rule which was issued on Shannon M. Huffman~n the above-captioned matter on October 6, 2003, to show cause why Ruby D. Weeks, Esquire should not be allowed to withdraw as counsel for Shannon M. Huffman is made absolu~h~at Ruby D. Weeks, is granted leave to withdraw as counsel for Shannon M. Huff man. cc: Shannon M. Huffman NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEy FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF JAMES M. HUFFMAN, Plaintiff v. SHANNON M. HUFFMAN Defendant : CLIMB E RLAND COUNTy, PE NNSYL VANIA : CIVIL ACTION - LAW : NO. 02-3046 CIVIL : IN CUSTODY _COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, James IvL Huffman, byhis attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1. Plaintiff is James M. Huffman, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 108 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Shannon M. Huffman, (hereinafter, "Mother"), the defendant in the above captioned matter whose precise address is unknown to Plaintiff but whose mailing address is Post Office Box 31255, Myrtle Beach, South Carolina, 29588 3. The parties are the natural parents of three children, however, custody is only being sought of the parties' two minor children, namely:. Adam James Huffman, bom November 22, 1988 Jacob William Huffman, bom December 1, 1997 4. The children have lived with the parties respectively, from the time of their birth until the parties separation on or about June 10, 2002, since that time theyhave been in the primary custody of their mother. Until January 9, 2004, the children resided with their mother in Cumberland County Pennsylvania; however, since that date, the children have been relocated by their mother to South Cam[ina. 5. Phintiff and defendant are the natural parents of the children. 6. The children were bom of the man/age between the parties. 7. The children are presendyin the custodyof defendant. 8. The parties are currentlyseparated and a divorce action is pending in this County. 9. 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, except with regard to a Protection From Abuse action filed by defendant against plainfff, from which an order was issued which provided for Plaintiff's rights to partial custody and visitation. The Protection From Abuse action was filed at Docket Number 2002-3261, Civil Term_ The provisions of the Order for Protection in that action expired on or about January 10, 2004. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 11. 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 rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting the relief requested herein because the defendant has removed the children from the jurisdiction to South Carolina, refused plaintiff anyand all communication with the children since January 9, 2004, and to the best of plaintiff's/nformafion and belief, defendant has forced the children to reside with her in a motel room since some time in February 2004. 13. Phintiff maintains a stable household and environment within which to raise the children. 14. Phintiff maintains steady employment and is available to assist in child rearing tasks and obligations. 15. Plaintiff believes and therefore avers that the permanent welfare and best interests of the children would be served by awarding him primary custody of the children. WHEREFORE, for the reasons set forth herein, plaintiff, James M. Huffman, respectfully requests that the Court enter an order granting legal and primary physical custody of the children to the plaintiff. Dated: March/~, 2004 bmitted, 37 SouttfHanover Street Suite 201 Cai{isle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do herebyverifythat the facts set forth in this complaint are tree and correct to the best of myinfom~ation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, retting to unswom falsification to authorities. March ,2004 James M. Huffman March/7~_, 2004 VERIFICATION I do herebyverifythat the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 sOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF JAMES M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-3046 CIVIL : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the Petitioner, James M. Huffman, by his attorney, Nathan G Wolf, Esquire, and respectfully represents as follows: 1. Petitioner is James/vi. Huffman, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 108 West Main Street, Apartment D, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Shannon M. Huffman, (hereinafter, "Mother"), the defendant in the above captioned matter whose precise address is unknown to Plaintiff but whose mailing address is Post Office Box 31255, Myrtle Beach, South Carolina, 29588 3. The parties are the natural parents of three children, however, custody is only being sought of the patties' two minor children, namely:. Adam James Huffman, bom November 22, 1988 Jacob William Huffman, bom December 1, 1997 4. The children have lived with the parties respectively, from the time of their birth until the parties separation on or about June 10, 2002, since that time theyhave been in the primary custody of their mother. Until January 9, 2004, the children resided with their mother in Cumberland County Pennsylvania; however, since that date, the children have been relocated by their mother to South Carolina. 5. On or about January 9, 2004, Mother informed Father that she intended to leave Pennsylvania with the children and go to South Carolina. At that time, Mother informed Father that the parties marital residence was to be foreclosed upon and that she was going to Myrtle Beach with the children. 6. Mother told Father that if he did anything to tryto prevent her from going that she would report him for violating the Protection From Abuse Order which was to expire January 10, 2004. 7. Despite Father's concerns, he felt as if he had no choice but to permit Mother to go and hope that the children would be safe with her. 8. The Protection From Abuse Order, dated August 5, 2002, entered at docket 2002-3261 Civil Term, provided inter aJ/a for Father to have period of partial custody and visitation with the children, but no other custody order exists. 9. Father believes that this Court still retains appropriate jurisdiction to enter an Order pertaining to the custody of these children byvirtue of Mother's failure to meet jurisdictional requirements in any other state, and because prior orders impacting custody were issued by this 10. At a support modification conference, held on February 18, 2004, Father learned that Mother was living in a motel in Myrtle Beach, South Carolina, with the children. 11. Father has attempted to communicate with the children by telephone and Mother has prevented him from communicating with the children. 12. Mother has threatened Father that he will never see the children again. 13. Due to Mother's financial condition, Father fears that the children are in danger of being without proper nutrition, proper clothing and appropriate living accommodations. 14. Father maintains steady employment and has a stable home environment within which to care for the children. 15. Father believes and therefore avers that Mother's actions have subjected the children to a threat of harm, and that she has caused a threat to their permanent welfare by relocating them to South Carolina and forcing them to reside in a motel, while also refusing them any contact with Father. 16. Mother has filed an appeal of the Modified Order for Child Support and has sought a hearing de now before the Support Master of Cumberland County. 17. A hearing before the Master is scheduled to take place on March 30, 2004, at 9:00 o'clock a.m. 18. While Father understands that Mother is in a difficult financial position, Father requests that this Court require Mother to return the children to the jurisdiction on March 30, 2004, and an opportunity to be heard on this petition. 19. Father believes and therefore avers that it would be in the best interests of the children for this Court to issue an Emergency Custody Order, directing Mother to appear before this Honorable Court on March 30, 2004, and to return the children to the jurisdiction at that time, so that they are available if the Court deems a transfer of custodyto be appropriate at the time of the adjudication of this matter. WHEREFORE, Petitioner, James M. Huffman prays this Honorable Coutt enter a Temporary Custody Order directing Respondent, Shannon M~ Huffman to appear for a special relief hearing before this Court on March 30, 2004, and to return the children to the jurisdiction on the day of the hearing. Until such heating is held, Mother is directed to facilitate telephone communications between the children and Father. Dated: March~ , 2004 Respecffull~ submitted, N~Ii~C. ~olf, Es quire 37 Sd~tl3tqanover Street Suite 201 Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do herebyverifythat the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penakies of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. March {?, 2004 Jame~'M. Huffman NAR 192004~ ~.~ NATHAN C~ WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES M. HUFFMAN, Phintiff SHANNON M. HUFFMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3046 CIVIL : IN CUSTODY ORDER OF COURT NOW this / ~ day of March, 2004 upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: ...... ~, ....... , ~,~,~ ,~ t_cnm, pxu~ryphystcal custody ~n,m ~.~ ,,,u, ~w~,c, ........ ~qr _ ~IV ...... a' ........ lcttlll! tU Nit JUII~UI~.tlUll Ull z ucad~y, N 'b. rch 30, 2604 · ' ' o-~parti~§ t~¥ (2)-fNnb?'c~nl&~e~i-isf-w-h-o-m~us-zO-dy'is .~n~'gk~' :n ~.c a?~ackd ~~j~tT0a~dot~ on 'the dayof the'hearing~ 4.~4s.,tobeheldm~Mardt~3~; 2004 at o'clock m. in Courtroom. ~_~,~outh~.Fotmh Floor of the Cumberland County Courthouse/One Courthouse '/'""""' ,.Z.;t JAMES M. HUFFMAN : PLAINTIFF : SHANNON M. HUFFMAN : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3046 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW; Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Jac~ueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 20, 2004 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. All children age five or older may also be present at the conference. Failure to apl>ear 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/ Tacaueline M._Vernev. Eso. Custody Conciliator mhc 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 - , " ~ OFFICE SET HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO ~iO OR TELEPHONE IHE 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 APR 1 2 2004 JAMES M. HUFFMAN, Plaintiff V. SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-3046 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ ~day of ~ ~ ', [ ,2004, upon consideration of the attached Custody Conciliatiofl Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cour2t~ Room No. / , of the C,un}.~berland County Court House, on the /~f__~ day of ~ --, 2004, at ~, 3 o o'clock, ~. M., at which time testimony wif[ be t~ken. For purposes of this Hearing, the Father 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, James M. Huffman, and the Mother, Shannon M. Huffrnan shall have shared legal custody of Adam James Huffman, bom November 22, 1988 and Jacob William Huffman, born December 1, 1997. 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. 4. Mother shall have primary physical custody of the Children. 5. Father shall have partial physical custody of the Children beginning June 5, 2004 and continuing until the date of the Custody Hearing. 6. Both parties shall be entitled to liberal telephone contact with the children. 7. Mother shall be responsible for transportation of the Children on June 5, 2004 and shall deliver the Children to Father at 6:00 p.m. at the Food Entrance of the Carlisle Walmart store. 8. Neither party shall do or say anything or permit a third party to do or say anything that 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. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:~a~an C. Wolf, Esquire, counsel for Father ' ,,onannon M. Hu~, pro se ~ ~ 223L Legacy Way Conway, SC 29526 Oq. 5-oq JAMES M. HUFFMAN, Plaintiff V. SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : NO. 2002-3046 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 conceming the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adam James Huffman Jacob William Huffman November 22, 1988 December 1, 1997 Mother Mother 2. A telephone Conciliation Conference was held April 9, 2004 with the following individuals in attendance: The Father, James M. Huffman, by telephone, with his counsel, Nathan E. Wolf, Esquire, and the Mother, Shannon M. Huffman, by telephone, pro se. 3. The Court previously entered an Order on March 19, 2004 denying ather s Petition for Emergency Relief. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father did not approve of the relocation of the Children to South Carolina. He maintains that Mother lived in a motel for a period of time; that the Children missed an inordinate amount of school and that Mother is unable to provide a stable, nurturing environment for the Children. He also maintains that Mother has denied him telephone contact with the Children. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having half of the summer and extended school holidays. She maintains that she has been the primary caregiver of the Children all of their lives. She further maintains that the Children missed school for legitimate reasons. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having partial physical custody beginning June 5, 2004 until the Court Heating. It is expected that the Hearing will require one day. Date ffacqu~ine M. Verney, Esquire Custody Conciliator JAMES M. HUFFMAN~ Plaintiff SHANNON M. HUFFMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2002 - .$046 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNS~L!NG AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotarfs Office, which list is avai!~ble to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I vefifythat the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to uuswom falsification to authorities. JAMES M. HUFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff SHANNON M. HUFFMAN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION o LAW : NO. 2002 - 3046 CML TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or Section 3301(d) of the Divorce Code was filed in this matter on or about June 25, 2002 and served upon defendant on June 27, 2002 (see affidavk of service filed June 28, 2002). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verifythat the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. ,2004 §HANNON M. HLI-FF~ JAMES M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002 - 3046 CML TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the emry of a final decree of divorce without notice. 2. I understand that I maylose 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 immediatelyafter it is filed with the Prothonotary. I verifythat 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. Section 4904 rehting to unswom falsification to authorities. ~%rNON M. HUFF~xN [ff JAMES M. HUFFMAN, Plaintiff V. SHANNON M. HUFFMAN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3046 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of July, 2004, upun consideration of Plaintiff's Complaint for Custody and Plaintiff's Petition for Emergency Relief with respect to the parties' minor children, Adam James Huffman (d.o.b. November 12, 1988) and Jacob William Huffman (d.o.b. December 1997), and following a hearing held on July 19, 2004, and the court finding that the mother's relocation to South Carolina was (a) likely to significantly improve the quality of life for her and her household at that time, (b) was not motivated simply by a desire to frustrate the visitation rights of the non-custodial parent or to impede the development of a healthy relationship between child and noncustodial parent, and (c) would feasibly accommodate a continuing, meaningful relationship between child and noncustodial parent under the terms provided hereafter, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of Jacob William Huffman shall be in the mother; 3. Temporary or partial physical custody of Jacob William Huffman shall be in the father at the following times: a. During the school year, on three-day weekends (i.e., where Monday is a federal holiday), from Friday evening until Monday evening; on alternating Thanksgivings, from Thursday evening until Sunday evening; and each Christmas for the first half of the Christmas vacation; and b. During the summer, for the first half of the summer vacation; 4. Primary physical custody of Adam James Huffrnan shall be in the father; 5. Temporary or partial physical custody of Adam James Huffman shall be in the mother at the following times: a. During the school year, on three-day weekends (i.e., where Monday is a federal holiday), from Friday evening until Monday evening, on alternating Thanksgivings from Thursday evening until Sunday evening, and for the second half of the Christmas vacation; and b. During the summer, for the second half of the summer vacation. 6. By this custodial scheme, it is intended that the children will be together during Christmas, Thanksgiving, and the summer, but will not be together during the school-year three-day weekends. The parties are directed to coordinate the scheduling in accordance with this intention. 7. Exchanges of custody shall take place at a point approximately half way between the parties' residences at art hour and specific location agreed upon between the parties for the mutual convenience. 8. Neither party shall obstruct or otherwise hinder telephone contact between the children and the other party, between the hours of 9:00 a.m. and 9:00 p.m. 9. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. Nathan C. Wolf, Esq. Suite 201 37 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Shannon M. Huffman 223L Legacy Way Conway, SC 29526 Defendant, pro se BY THE COURT, JAMEs M. HUFFMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff SHANNON M. HUFFMAN, Defendant i CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION. LAW : : NO. 2002 - 3046 CML TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) or Section 3301(c0of the Divorce Code was filed in this matter on or about June 25, 2002, and served upon defendant on June 27, 2002. (See Affidavit of Serv/ce filed on or about June 28, 2002). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry'of the divorce. ~2004 I verifythat the statements made in this affidavit are true ~a~d correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. JAMES M. HUFFMAN, : IN THE COURT OF COMMON PLEAs OF Plaintiff SHANNON M. HUFFMAN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION. LAW : NO. 2002 - 3046 CML TERM : IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I maylose rights concerning al~mon~5 division of property, hwTer's fees or expenses if I do not cla/rn them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered bythe Court and that a copy of the decree will be sent to me immediately after k is filed with the Prothonotary. I verifythat 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. Section 4904 relating to unswom falsification to authorities. ,2004 JAMEs M. HUFFMAN) Plaintiff SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : CML ACT/oN = LAW : NO. 2002 - 3046 CML TERM : IN DIVORCE PI-atxlNTIFF,S MARRIAGE COUN.SELI~NG AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list/s available to me upon request. 3. Being so advised, I do not request that the com't require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in th/s affidav/t are mae and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 2004 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMEs M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2002 - 3046 CML TERM IN DIVORCE To the Prothonotary:. PRAECIPE TO TRANSMIT PdgCORD Transmit the record, together with the following information, to the court for entay of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about June 25, 2002, defendant was served with a copy of the divorce complaint via certified mail, "restricted deliver?, addressed to the defendant. (See Mfidavit of Service previously filed, June 28, 2002.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code. Bythe plaintiff: June 30, 2004 Bythe defendant: June 1, 2004 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Rehted chLms pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary:. June 30, 2004. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:. june 29, 2004. _, 2004 ~omey t~lainJj~ff- IN THE COURT OF ]ames M. Huffman VERSUS Shannon M. Huffman COMMON OF CUMBERLAND COUNTY STATE OF PENNA. PLEAS N O. 2002 3046 DECREE IN DIVORCE AND NOW, July' ~ ~ James M. Huffman DECREED THAT Sh~non A& Huffman AND ARE DIVORCED PROM THE BONDS OF MATRIMONY. 2004 ____, IT IS ORDERED AND , PLAINTIFF, -- , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTIONFOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; none JAMES M. HUFFMAN, : Plaintiff : SHANNON M. HUFFMAN, : Defendant : IN THE COURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-3046 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of July, 2004, upon consideration of Plaintiff's Complaint for Custody and Plaintiff's Petition for Emergency Relief with respect to the parties minor children, Adam James Huffman (date of birth November 12, 1988), and Jacob William Huffman (date of birth, December 1, 1997), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Pending further order, the current custody order will remain in effect. By the Court, Nathan C. Wolf, Esquire 35 East High Street Carlisle, PA 17013 For the Plaintiff Shannon M. Huffman 223-L Legacy Way Conwav, South Carolina 29526 Defendant Pro Se pcb NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF JAMES M. HUFFMAN, Plaintiff SHANNON M. HUFFMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : : NO. 02-$046 CMl. : IN CUSTODY MOTION TO CLARIFY ORDER ,OF COURT AND NOW comes the Plaintiff, James M. Huffman, by his attorney, Nathan C~ Wolf, Esquire, and respectfullyrepresents as follows: 1. Movant is James ~ Huffman, (hereinafter "Father"), the plaintiff in the above captioned matter who resides at 607-E Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Shannon M. Huffman, (hereinafter, "Mother"), the defendant in the above captioned matter who resides at 223-L LegacyWay, Conway, Horry County, South Carolina 29526. 3. The parties are the natural parents of three children, however, onlythe two minor children are the subject of this custody action, namely. Adam James Huffman, bom November 22, 1988 Jacob William Huffman, bom December 1, 1997 4. On or about July 20, 2004, this Honorable Court issm.~d the attached custody order following a heating on Plaintiff's complaint for custodyand petition for emergency relief. (A tree and correct copy is attached hereto as Exhibit A.) 5. Plaintiff has obtained information which pertains to the children's respective school schedules for the winter holiday season which substantially impacts the direction of the Court's Order of July 20, 2004, and which would result in the parties and the children to undergo excessive amounts of traveling over the holiday season. 6. Plaintiff has attempted, through counsel to discuss this issue and to suggest that the parties should alternate the Thanksgiving holiday, rather than shaane the holiday because of the approximately ten hours of driving which would be required each direction between the parties' homes. 7. Plaintiff has also attempted, through counsel to propose a shared Christmas holiday schedule to permit a relatively equal amount of time for the childien to be with each parent, and which would minimize the lost days of work that the Court's curnent Order would require Plaintiff to incur. 8. Plaintiff's proposals were contained in a letter from Plaintiff's counsel to Defendant on August 5, 2004. An excerpt of this letter dealing with the Christmas vacation is attached hereto as Exhibk "B'. 9. Defendant indicated that she did not agree with the proposed holiday custody schedule by telephone call to Plaintiff's counsel. 10. Plaintiff moves to have the proposed vacation schedule adopted and incorporated into the Court's Order of July20, 2004. 11. Plaintiff believes this motion to be in the best interests: of the children. WHEREFORE, Plaintiff, James M. Huffman, prays this Honorable Court enter an Order incorporating the proposed holiday schedule, attached hereto as Exhibk "B', into the Court's Order of July 20, 2004. Dated: September c,(, 2004 Respectfull,, ( 37/ffouth submitted, ~r Street, Suite 201 1701~ Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff JAMES M. HUFFMAN, Plaintiff V. SHANNON M. HUFFMAN,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3046 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of July, 2004, upon consideration of Plaintiff's Complaint for Custody and Plaintiff's Petition for Emergency Relief with respect to the parties' minor children, Adam James Huf£man (d.o.b. November 12, 1988) and Jacob William Huffman (d.o.b. December 1997), and following a hearing held on July 19, 2004, and the court £mding that the mother's relocation to South Carolina was (a) likely to significantly improve the quality of life for her and her household at that time, (b) was not motivated simply by a desire to frustrate the visitation rights of the non-custodial parent or to impede the development of a healthy relationship between child and noncustodial parent, and (c) would feasibly accommodate a continuing, meaningful relationship between child and noncustodial parent under the terms provided hereafter, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties; 2. Primary physical custody of Jacob William Huffman shall be in the mother; 3. Temporary or partial physical custody of Jacob William Huffman shall be in the father at the following times: a. During the school year, on three-day weekends (i.e., where Monday is a federal holiday), from Friday evening until Monday evening; on alternating Thanksgivings, from Thursday evening until Sunday evening; and each Christmas for the first half of the Christmas vacation; and Exk i bl'f A RECEIVED JUL 22 2004 b. During the summer, for the first half of the summer vacation; 4. Primary physical custody of Adam James Huffman shall be in the father; 5. Temporary or partial physical custody of Adam James Huffman shall be in the mother at the following times: a. During the school year, on three-day weekends (i.e., where Monday is a federal holiday), from Friday evening until Monday evening, on alternating Thanksgivings from Thursday evening until Sunday evening, and for the second half of the Christmas vacation; and b. During the summer, for the second half of the summer vacation. 6. By this custodial scheme, it is intended that the children will be together during Christmas, Thanksgiving, and the summer, but will not be together during the school-year three~day weekends. The parties are directed to coordinate the scheduling in accordance with this intention. 7. Exchanges of custody shall take place at a point approximately half way between the parties' residences at an hour and specific location agreed upon between the parties for the mutual convenience. 8. Neither party shall obstruct or otherwise hinder telephone contact between the children and the other party, between the hours of 9:00 a.m. and 9:00 p.m. 9. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. N/athan C. Wolf, Esq. /~Fuite 20 ! 37 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Shannon M. Huffman 223L Legacy Way Conway, SC 29526 Defendant, pro se BY THE COURT, J.[~esley Oler, ~., J. Excerpt from Letter from Plaintiffs Counsel to Defendant, sent August 5, 2004: Since the Order only divides the Christmas vacation in half, and the boys' school schedules do not mesh, we are proposing the following: Jake's vacation runs from December 11 through January 21 and Adam's hms from December 23 through January 4. One half for Jak~e's would be on approximately December 22, and one half for Adam's would be on approximately December 28. What we are proposing is that in_stead of having you and Jim make extra trips, thereby also permitting the boys to be together for approximately a week with him and a week with you. The scenario would phy out like this, Jake would be with Jim from Sunday, December 19 through SundayDecember 26. Thereafter, both Adam and Jake would go back to you until Adam would then renan to Jim on Sunday, January 3, 2005. This proposal would give you greater portions of the total -vacation of both children and would also minimize the number of trips. It would also allow the trips to be limited to Sundays rather than weekdays to minimize work losses. Exhibit B VERIFICATION I, the undersigned counsel for Plaintiff, do hereby verify t/hat the facts set forth in this motion are tree and correct to the best of my information, lmowledge and belief. I understand that false statements herein are made subject to the penakies of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. September~, 2004 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES M. HUFFMAN, Plaintiff Vo SHANNON M. HUFFMAN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNI~, PENNSYLVANIA : CML ACTION - LAW : : NO. 02-3046 CIVIL, : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan G Wolf, Esquire, have served a true and correct copy of Phintiff's Motion to Clarify Order of Court upon the following person and in the matt:er indicated: SERVICE BY U.S. MATT Shannon M. Huffman 223-L LegacyWay Conway, SC 29526 Supre~e~Court, 112) No. 87380 ~AttO~mey For Plaintiff outh Hanove"-~ 37 South Hannver Street, Suite 201 Carlisle, Pennsylvania 17013 (717) 241-4436