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Home My WebLink About02-3674JOHN V. HOFFMAN, : Plaintiff : MELISSA A. HUNTER, : Defendant : COMPLAINT/PETITION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY FOR CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is JOHN V. HOFFMAN, an 21 year old adult individual who currently resides at 406 S. High Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is MELISSA A. HUNTER, a 21 year old adult individual who currently resides at 409 S. High Street, First Floor, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks the entry of a custody order involving the minor child, JOSHUA CALEB HUNTER, D.O.B. October 23, 1998. 4. Plaintiff and Defendant were never married and have never resided together. 5. During the past year, the child has resided with Defendant at numerous locations, including the following: a. July 2001 to the present, Mechanicsburg, PA; b. February 2001 to July 2001, Dillsburg, PA; and c. Summer of 2000 to February of 2001, Florida. d. 1999 - Summer of 2000, Mechanicsburg, Pennsylvania. 6. The natural mother of the child is Defendant. 7. The natural father of the child is Plaintiff. 8. No custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the child in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. Plaintiff seeks shared legal and physical custody. 11. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 12. The best interests and permanent welfare of the child will be served by ordering that both parties share legal and physical custody of the child. 13. Plaintiff is capable of insuring a supportive and loving environment for the child, a home with appropriate lodging and insuring that the child is properly cared for, including making arrangements for day care when both parents are working. 14. A custody order granting Plaintiff shared physical custody is in the best interest of the minor child. 15. Plaintiff has seen the child regularly during the past 6 months, usually every other weekend and alternating weeknights. 16. No reason exists to deny Plaintiff shared legal and physical custody. 2 WHEREFORE, JOHN V. HOFFMAN, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff shared physical custody with Defendant. Respectfully submitted, Date: August /, 2002 Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 VERIFICATION I verify that the statements made in this Complaint for Custody 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 unsworn falsification to authorities. Date: August 2002 JOHNFV. HOFFMANff JOHN V. HOFFMAN PLAINTIFF MELISSA A. HUNTER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3674 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 06, 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, Mechanicsburg, PA 17055 on Thursday, September 05, 2002 at 1:00 PM 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 ~e 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/ DaMn S. Sunday. 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 ATI'ORNEY 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 Andrew C. sheely, Esquire 127 S. Market S%ree% P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JOHN V. HOFFMAN, Plaintiff VS. MELISSA A. HUNTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 02 - 3674 AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS : ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Custody Complaint in the above-captioned matter to be served upon MELISSA HUNTER, Defendant, by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards, on August 2, 2002. SWORN to and subscribed before me this , day of August 7, 2002. Notary Public My Commission Expires: ~6rr~-~ 2~.~DD A~ W. ~N. ~ ~ I .' LM~MY ~mi~, ~, ~ ~ I · Complete , and 3. Aisc item 4 if Restricted Deliveq? Is de~. · Print your name and address off the revecse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space perrnits. ~ic~ Addressed to: MELISSA HUNTER 409 SOUTH HIGH STREET FIRST FLOOR MECHANICSBURG, PA 17055 2. Article Nu~b~ !lll If YES, ante? delivery address below: [] No 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise .. [] }nsured Mai~ [] C,.O.D. 4. ~ -~_...-,.-ry? ~_xtra Fee) ~ Yes (Transfer f/om= ~ PS Form 3811, Augdlst 2001 7001 2510 0000 3029 3865 Domestic Return Receipt 102595-01 -M-2509 Postage Certified F~e Return Receipt Fee (Endorsement Requirad) (Endorsement Required) Penneyllania [70553459 08/01/2002 (800)275-8777 12:18:22 Sales Receipt Product Sale Unit Find] Description Qty Prtce Price MECHANIC$BURG PA [7055 $0.60 First-Class Restricted Delivery $3.50 Return Receipt $1.75 Certified $2.30 Label Serial #: 70012510000030293865 Issue PVI: $8.15 Total: Paid by: Personal Check Bill#: Clerk: $8.[5 $8.15 1000500682215 Refunds only per DMM P014 Thank you for your business -- Customer Copy JOHN V. HOFFMAN, Plaintiff VS. MELISSA S. HUNTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-3674 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, this I__~__ day of ~,t' ~Ikt~ ~ ~O e-S' ,2002, upon directed as consideration of the attached Custody Conciliation Report, it is ordered and - follows: 1. The Father, John V. Hoffman, and the Mother, Melissa S. Hunter, shall have shared legal custody of Joshua Caleb Hunter, bom October 23, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare through Monday morning before daycare. In addition, during weeks following the Father's weekend period of custody, the Father shall have custody of the Child from Wednesday after daycare through Thursday morning before daycare. During weeks following the Mother's weekend period of custody, the Father shall have custody of the Child from Monday after daycare through Tuesday morning before daycare. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall mn from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In every year, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. THANKSGIVING: In every year, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 8:00 p.m. C. EASTER: In every year, the Father shall have custody of the Child on Easter fi:om 9:00 a.m. until 3:00 p.m. and the Mother shall have custody fi:om 3:00 p.m. until 8:00 p.m. D. ~MOTHER'S DAY/FATH~R,S DAY: In every year, the Mother shall have custody of the Child on Mother's Day fi:om 9:00 a.m. until 8:00 p.m. and the Father shall have custody 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. 6. Each party shall be entitled to have custody of the Child for one uninterrupted week each summer for vacation upon providing at least 30 days advance written notice to the other party. The party who provides notice of his or her vacation dates first each year shall be entitled to preference on his or her selection. 7. Neither party shall consume alcohol to excess or use illegal drugs during his or her periods of custody. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. Neither party shall do or say anything which may estrange the Child fi:om the other parent, injure the opinion of the Child as to the other parent, or hamper the fi:ee and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. After following the custody arrangements set forth in this Order for a period of at least 3 months, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference to review the arrangements if necessary. 10. 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: Andrew C. Sheely, Esquire - Counsel for Father William L. Gmbb, Esquire - Counsel for Mother BY THE COURT,