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HomeMy WebLinkAbout02-4535LORI A. HOFFMAN, Petitioner Vt WAYNE L. HOFFMAN, Respondent IN THE COURT OF COMMON p-i;~--~-~-S O~--- CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION _ LAW 2002- CIVIL TERM IN CUSTODY PETITION FOR CUSTODy AND NOW, this 18th day of September 2002, comes the Petitioner, Lori A. Hoffman, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The Petitioner is Lori A. Hoffman, an adult individual residing at 79 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257. The Respondent is Wayne L. Hoffinan, an adult individual residing at 71 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257. The parties are the natural parents of two (2) minor children, namely Jenna L. Hoffman, born June 3, 1992, and Tristan W. Hoffinan, born October 5, 1995. The Petitioner desires primary physical custody of the minor children, Jenna L. Hoffinan and Tristan W. Hoffman, and joint legal custody with periods of visitation of the children to Respondent as can be mutually arranged between the parties. 3 The best interest of the minor children Jenna H. Hoffman and Tristan W. Hoffman, requires that the court grant the Petitioner's request as set forth above. WHERE_FORE, Petitioner respectfully seeks the entry of an Order of Court seeking pr/mary physical custody of the minor children, Jenna L. Hoffinav~ and Tristan W. Hoffman, and .joint legal custody with periods of visitation to Respondent as can be mutually arranged between the parties. Date: September 18, 2002 By: Respectfully submitted, IRWIN, McKNIGI~T & HUGHES Lori A. Hoffman 60 West Pomfret Street Carlisle, Pennsylvm~a 17013 (717) 249-2353 Supreme Court I. D. No. 25476 4 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unSwom falsification to authorities. Date: September 18, 2002 5 LORI A. HOFFMAN PLAINTIFF WAYNE L. HOFFMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4535 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, September 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 22, 2002 at 9:30 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearing. FOR THE COURT, By: /si Jacqueline M. Verney, Esq. 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 JAN 0 2 200,:3 LORI A. HOFFMAN, Plaintiff Ye WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, the Conciliator being notified that the parties have reached an agreement, the Conciliator hereby rellinquishes jurisdiction in this matter. FOR THE COURT, Esquire~onciliator LORI A. HOFFMAN, Petitioner WAYNE L. HOFFMAN, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2002-4535 CIVIL TERM : : IN CUSTODY CUSTODY STIPULATION AND NOW, this~q~f day of ,~/! , 2003, the parties, LORI A. HOFFMAN and WAYNE L. HOFFMAN hereby enter into the following Custody Stipulation and Agreement regarding their minor children, JENNA L. HOFFMAN and TRISTAN W. HOFFMAN: The Petitioner, Loft A. Hoffman, is an adult individual who resides at 79 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent, Wayne L. Hoffrnan, is an adult individual who resides at 71 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of two (2) minor children, namely, Jenna L. Hoffrnan, bom June 3, 1992, and Tristan W. Hoffxnan, bom October 5, 1995. 4. The parties agree to have shared legal custody of the minor children, Jenna L. Hoffman and Tristan W. Hoffrnan. 2 The Petitioner/Mother shall have shared physical custody of Jenna L. Hoffrnan and Tristan W. Hoffman. The Respondent/Father shall have shared physical custody of Jenna L. Hoffinan and Tristan W. Hoffman as can be mutually arranged between the parties. 7. The parties shall provide for custody of Jenna L. Hoffinan and Tristan W. Hoffman during all holidays pursuant to their best interest. 8. The Respondent/Father will continue to pay monthly child support in the amount of Three Hundred and no/100 ($300.00) Dollars per month to Petitioner/Mother. The parties further agree to the following: a. The Respondent/Father will pay lA of the Petitioner/Mother's Summer daycare expenses for the children; In August of each year the Respondent/Father will pay to Petitioner/Mother the minimum sum of Two Hundred and no/100 ($200.00) Dollars in order to purchase school clothes for the children; In August of 2003, the Respondent/Father agrees to pay the sum of Six Hundred and no/100 ($600.00) Dollars for this year only in order to purchase school clothes for the Fall of 2003; and Beginning in the tax year of 2003, Respondent/Father will be entitled to use Jenna L. Hoffman as a Federal income tax exemption. Tristan W. Hoffman will be a Federal income tax exemption for Petitioner/Mother. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. The Respondent/Father will add Jenna L. Hoffman and Tristan W. Hoffman to the dental coverage he maintains through his employer. 10. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other party. ll. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 12. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children who have resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 15. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WItEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. LORti~ A. HOFFM~N - WAYNE L. HOFFMAN (SEAL) (SEAL) 5 APR 2'5 2003 C.,/ LORI A. HOFFMAN, Petitioner WAYNE L. HOFFMAN, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-4535 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~ day of~ 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. ge ?~hael A. Scherer, Esq. Attorney for Respondent ~l~arcus McKnight, m, Esq. A. Attorney for Petitioner LORI A. HOFFMAN, Plaintiff VS. WAYNE L. HOFFMAN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002-4535 CIVIL TERM : 1N CUSTODY PETITION FOR MODIFICATION Petitioner iis the above-named Defendant, Wayne L. Hoffman, an adult individual currently residing at 33 Vine Street, Newville, Cumberland County, Pennsylvania. Respondefit is the above-named Plaintiff, Lori A. Hoffman, an adult individual currently !residing at 79 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvahia. The parti? are the natural parents of two children., namely, Jenna L. Hoffman, born June 3, 19~2, and Tristan W. Hoffman, born October 5, 1995. The partieg are subject to an Order of Court dated April 28, 2003, a copy of said Order being attached hereto and incorporated hereir~t by reference as Exhibit "A." Since the {ntry of the aforementioned Order, the children have continued to reside in Cumberlafld County, thus providing this Court with ongoing jurisdiction of these proceedin The partie,, custody of . abide by the provisions of the aforesaid Order, sharing legal and physical the children. 7. Since the entry of the aforesaid Order, Petitioner has exercised custody of the children on alternating weekends from Friday through Sunday and every Tuesday through Thursday. 8. Petitioner believes it is in the best interest of the children for him to exercise additional periods of share physical custody of the children. 9. Petitioner proposes he exercise custody of the children on alternating weekends from Friday thrdugh Monday morning and every week from Tuesday through Thursday. 10. It is in th~ best interest and permanent welfare of the children to provide Petitioner with the a4ditional periods of shared physical custody as requested. WHEREFORJB, Petitioner requests your Honorable Court to schedule a custody conciliation conferenCe at which time an Order should be entered providing him with shared physical custody ofth~ children. Respectfully submitted, Date MaryToffl~Iatas, Esquire Attorne)~For Petitioner GRIFFIE & ASSOCIATES 2013~ North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the £oregoing document are true and correct. I understand that false statements herein are made subject to th,e penalties of 18 Pa.C.S. Section 4904, relating to unsv~orn falsifications to authorities. DATE: WAYNE L. I-I-~FPMAN LORI A. HOFFMAN, Petitioner WAYNE L. HOFFM~N, Respon~lent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-4535 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, tills ~ day o~]~ 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. By the Court, Michael A. Scherer, Egq. Attorney for R~spondent Marcus A. McKnight, ~1~, Esq. Attorney for P~titioner EXHIBIT TRUE COPY FROM RECORD In Te~t;mony Whereof, I her. unto set my hnnd an~/14~o aaal of said ~:ourt LORI A. HOFFMAN, Petitioner WAYNE L. HOFFM~kN, Respondent AND NOW, HOFFMAN and WA' and Agreement regar~ HOFFMAN: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : 2002-4535 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION Ithis day o , 2003, (NE L. HOFFMAN hereby enter into the following Custody Stipulation the parties, '~RI Jng their minor children, JENNA L. ItOFFMAN and TRISTAN W. The Petitioner, Loft A. Hoffiimn, is an adult individual who resides at 79 Horsekiller Road, Shippensburg, (~mberland County, Pennsylvania 17257. The Respondev~t, Wayne L. Hoffxnan, is an adult individual who resides at 71 Horsekiller Road, Shippensburg, C~amberland Comnvy, Pennsylvarda 17257. The parties are bom June 3, 1992, and The parties agrte to have shared legal and Tristan W. Hoffm~n. the natural parents of two (2) minor children, namely, Jerma L. Hoffinan, Tristan W. Hoffman, bom October 5, 1995. 4. custody of the minor children, Jenna L. Hoffxnan 2 The Petitioner/Mother shall have shared physical custody of Jenna L. Hoffman and Tristan W. Hoffman. The Respondent/Father shall have shared physical custody of Jenna L. Hoffman and Tristan W. Hoffrnan aS can be mutually arranged between the parties. The parties shall provide for custody of Jenna L. Hoffman and Tristan W. Hoffinan during all holidays pursuant to their best interest. The Respondent/Father will continue to pay monthly chi]Ld support in the mount of Three Hundred and no/100 (4300.00) Dollars per month to Petitioner/Mother. The parties further agree to the following: a. The ReSpondent/Father will pay aA of the Petitioner/Mother's Summer daycare expens0s for the children; In Augt~st of each year the Respondent/Father will pay to Petitioner/Mother the minimum sum of Two Hundred and no/100 ($201).00) Dollars in order to purchase school ~lothes for the children; Co do In Augt~st of 2003, the Respondent/Father and no/ for the ] Beginni L. Hoff Federal agrees to pay the sum of Six Hundred · 00 ($600.00) Dollars for this year only itt order to purchase school clothes ~all of 2003; and ag in the tax year of 2003, Respondent/Father will be entitled to use Jenna nan as a Federal income tax exemption. 'rristan w. Hoffinan will be a income tax exemption for Petitioner/Mother. 3 The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have ~he right to visit the children as often as he or she desires consistent with the proper medical car: of the children. The Respondent/Father will add Jenna L. Hoffman and Tristan W. Hoffman tc the dental coverage he maintains tkrough his employer. 10. The parties sha 1 not do anything that may estrange the children from the other party, or injure the opinion of ti e children as to the other patty, or hamper the free and natural development of the chi [dren's love and affection for the other party. 11. The parties ma'~ make such alternate arrangements regarding the physical custody of the children so long as theI ~ may mutually agree. The parties anticipate regularly varying from the terms of this Stipulatie a in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 12. Any modificati )n or waiver of any other provisions of th:is Agreement shall be effective only if made in writing[ and only if executed with the same formality as this Stipulation and Agreement. 4 13. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further ;acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiztion over the issue of custody of the parties' minor children who have resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change arid either party desires or requires modification of said O~er. 14. The parties actmowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or ~ .ndue influence. 15. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party r~gards the terms of this Agreement as fair and equitable, and each has signed it freely and volUntarily without relying upon any representation other than those expressly set forth here[in. IN WITNESS ~VHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSE~H: WAYNE L. HOFFMAN (SEAL) (SEAL) LORI A. HOFFMAN : PLAINTIFF : IN I~iE COURT OF COMMON PLEAS OF CUMBERLAND COUNt, PENNSYLVANIA 02-4535 CIVIL ACTION LAW WAYNE L. HOFFMAN : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 13, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_aequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Wednesday, December 10, 2003 at 9:30 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 ~esent 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/ ]~cqueline M. Verney. Esq. 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 LORI A. HOFFMAN, : IN THE COURT OF COMMON PLEAS OF Petitioner V. WAYNE L. HOFFMAN, Respondent i CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2002-4535 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW, this 20th day of November 2003, comes -' AND :-'.:~ ~o the Petitioner, Lori A. Ho/~an;'by her attorneys, Irwin & McKnight, and presents the following Petition for Modification Custody. The Petitioner is Lori A. Hoffman, an adult individual residing at 79 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257. The Respondent is Wayne L. Hoffrnan, an adult individual residing at 33 Vine Street, Newville, Cumberland County, Pennsylvania 17241. The parties are the natural parents of two (2) minor children, namely Jenna L. Hoffman, born June 3, 1992, and Tristan W. Hoffrnan, born October 5, 1995. 3 The Petitioner desires primary physical custody of the minor children, and Tristan W. Hoffman, and joint legal custody with periods of visitation Jenna L. Hoffman Respondent as can be mutually arranged between the parties, of the children to The Petitioner desires primaryphysical custody as the Defendant does not have adequate sleeping arrangements for the children. The best interest of the minor children, Jenna H. Hoftinan and Tristan W. Hoffrnan, requires that the court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody &the minor children, Jenna L. Hoffman and Tristan W. Hoffinan, and joint legal custody with periods of visitation to Respondent as can be mutually arranged between the parties. Date: November 20, 2003 By: Respectfully submitted, IRWIN & Mc/~iNIGHT/~ . ~{ ~ght, III, Esqmre Attorney for Petitioner, Lob A. Ho~ 60 West Pom~et S~ect C~lisle, Pe~sylv~ia 17013 (717) 249-2353 Supreme Cou~ I. D. No. 25476 4 VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. LOI~I A. HOF~ ' ~ Date: November 20, 2003 LORI A. HOFFMAN PLAINTIFF V. WAYNE L. HOFFMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-4535 CIVIl, ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 26, 2003 , 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 Wednesday, December 10, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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/ .lacqueline M. Verney. Esq. 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 II-IE 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 V~NVA'IA~N3~ LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ['~ day of ~t~_~ ,2003, upon consideration of the attached Custody Conciliation Report, it is oraered and directed as follows: 1. The prior Order of Court dated April 28, 2003 is hereby vacated. 2. The Mother, Lori A. Hoffman, and the Father, Wayne L. Hoffman shall have shared legal custody of Jenna L. Hoffman, born June 3, 1992 and Tristan W. Hoffman, bom October 5, 1995. 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. 3. The parties shall have shared physical custody as follows: A. Beginning December 29, 2003, Father shall have the Children on week one, Monday, Wednesday, Friday, and Saturday overnight and Sunday during the day. Beginning and ending times shall be as previously agreed by the parties. In addition, during the first weekend of every month, Father shall have an additional overnight on Sundays at which time he will assure the Children are transported to school on Monday, or at times as agreed by the parties. B. On week two, Father shall have physical custody of the children on Tuesday and Thursday overnight at times previously agreed by the parties. C. Mother shall have physical custody of the Children at all other times, unless otherwise set forth herein. 4. The parties shall provide for physical custody of the Children during all holidays pursuant to their best interest. 5. Beginning the tax year 2003, Father will be entitled to use Jenna L. Hoffman as a Federal income tax exemption. Tristan W. Hoffman will be a Federal income tax exemption for Mother. 6. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the Children, and shall take any necessary steps to ensure that the health and well-being of the Children are protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. Father will add the Children to the dental coverage he maintains through his employer. 7. The parties shall not do anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or hamper the free and natural development of the Children's love and affection for the other party. 8. 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 only if made in writing and only if executed with the same formality as this Order. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for March 11, 2004 at 9:30 a.m. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Marylou Matas, Esquire, Counsel for Father LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant DEC 1 1 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-4535 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jenna L. Hoffman Tristan W. Hoffman June 3, 1992 shared October 5, 1995 shared 2. A Conciliation Conference was held in this matter on December 10, 2003, with the following individuals in attendance: The Father, Wayne L. Hoffman, with his counsel, Marylou Matras, Esquire and Mother, Lori A. Hoffman, with her counsel, Marcus A. McKnight, III, Esquire. 3. A prior Order of Court dated April 28, 2003 was entered by the Honorable Edgar B. Bayley. Said Order, entered pursuant to the parties' stipulation, provided for shared legal and physical custody. Thereafter, Father filed a Petition to Modify requesting one additional overnight on alternating weekends. Mother countered with a Petition to Modify seeking primary physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date ~'ac~q~mey, Esquire Custody Conciliator LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : NO. 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ilj~ day of~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 15, 2003 shall remain in full force and effect with the following modification: 2. Paragraph 3 is hereby replaced in its entirety with the following: 3. The parties shall have shared physical custody as follows: A. Father shall have physical custody of the Children every Tuesday and Wednesday overnight. In addition, Father shall have physical custody alternating weekends from Friday to Sunday. Beginning and ending times shall be as previously agreed by the parties. In addition, Father's first alternating weekend of every month, Father shall have physical custody overnight on Sundays at which time he will assure the Children are transported to school on Monday, or at times as agreed by the parties. B. Mother shall have physical custody of the Children at all other times, unless otherwise set forth herein. 4. 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 only if made in writing and only if executed with the same formality as this Order. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Bradley L. Griffie, Esquire, Counsel for Father LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 Children who are the subject of this litigation is as follows: NAME Jenna L. Hoffman Tristan W. Hoffman DATE OF BIRTH June 3, 1992 October 5, 1995 CURRENTLY 1N CUSTODY OF shared shared 2. A Conciliation Conference was held in this matter on March 11, 2004, with the following individuals in attendance: The Father, Wayne L. Hoffman, with his counsel, Bradley L. Griffie, Esquire and Mother, Lori A. Hoffman, with her counsel, Marcus A. McKnight, III, Esquire. 3. A prior Order of Court dated December 15, 2003 was entered by the Honorable Edgar B. Bayley, providing for shared legal and physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date ~equ~ne M. Vemey, Esquire Custody Conciliator LORI A. HOFFMAN, Petitioner WAYNE L. HOFFMAN, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-4535 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 7th day of July 2004, comes the Petitioner, Loft A. Hoffman, by her attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner is Lori A. Hoffman, an adult individual residing at 79 Horsekiller Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Wayne L. Hoffman, an adult individual residing at 146 Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (2) minor children, namely Jenna L. Hoffman, born June 3, 1992, and Tristan W. Hoffman, born October 5, 1995. 4. The current Orders of Court are dated December 15, 2003 and March 11, 2004, copies of which are attached hereto and made a part of this Petition as Exhibits "A" and "B." 5. The Petitioner desires primary physical custody of the minor children, Jenna L. Hoffman and Tristan W. Hoffman, and joint legal custody with periods of visitation of the children to Respondent as can be mutually arranged between the parties. The Respondent's wife has repeatedly attempted to kill herself and has been placed in the custody of relatives. 6. The Petitioner desires primary physical custody as the Defendant has separated from his wife but continues to bring the children into contact with his wife. 7. The best interest of the minor children, Jenna H. Hoffman and Tristan W. Hoffman, requires that the court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the minor children, Jenna L. Hoffman and Tristan W. Hoffman, and joint legal custody with periods of visitation to Respondent as can be mutually arranged between the parties. Date: July 7, 2004 Respectfully submitted, 4 EXHIBIT "A" LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this /,f day of /~2e~L,/-~,~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 28, 2003 is hereby vacated. 2. The Mother, Lori A. Hoffman, and the Father, Wayne L. Hoffman shall have shared legal custody of Jenna L. Hoffman, born June 3, 1992 and Tristan W. Hoffman, bom October 5, 1995. Each parent shall have an equal right, tn 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 parties shall have shared physical custody as follows: A. Beginning December 29, 2003, Father shall have the Children on xveek one, Monday, Wednesday, Friday, and Saturday overnight and Sunday during the day. Beginning and ending times shall be as previously agreed by the parties, in addition, during the first weekend of every month, Father shall have an additional ovemight on Sundays at which time he will assure the Children are transported to school on Monday, or at times as agreed by the parties. B. On week t~vo, Father shall have physical custody of the children on Tuesday and Thnrsday overnight at times previously a~eed by the parties. C. Mother shall have physical custody of the Children at ali other times, unless otherwise set forth herein. 4. The parties shall provide for physical custody of the Children during all holidays pursuant to their best interest. 5. Beginning the tax year 2003, Father will be entitled to use Jenna L. Hoffman as a Federal income tax exemption. Tristan W. Hoffman will be a Federal income tax exemption for Mother. 6. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the Children, and shall take any necessary steps to ensure that the health and well-being of the Children are protected. During such illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children. Father ~vill add the Children to the dental coverage he maintains through his employer. 7. The parties shall not do anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or hamper the free and natural development of the Children's love and affection for the other part),. 8. 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 only if made in writing and only if executed with the same formality as this Order. In the absence of mutual consent, the terms of this Order shall control. Another conciliation conference is scheduled for March l 1,2004 at 9:30 a.m. BY THE COURT, Ettgar B.~TBayley, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Marylou Matas, Esquire, Counsel for Father LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 Children who are the subject of this litigation is as tbllows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jenna L. Hoffman Tristan W. Hoffman June 3, 1992 shared October 5, 1995 shared 2. A Conciliation Conference was held in this matter on December 10, 2003, with the following individuals in attendance: The Father, Wayne L. Hoffman, with his counsel, Marylou Matras, Esquire and Mother, Lori A. Hoffman, with her counsel, Marcus A. McKnight, III, Esquire. 3. A prior Order of Court. dated April 28, 2003 was entered by the Honorable Edgar B. Bayley. Said Order, entered pursuant to the parties' stipulation, provided for shared legal and physical custody. Thereafter, Father filed a Petition to Modify requesting one additional overnight on alternating weekends. Mother countered with a Petition to Modify seeking primary physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date ~acqt~line M. Vemey, Esquire Custody Conciliator EXHIBIT "B" LORI A. IIOFFMAN, Plaintiff V. WAYNE L. tIOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4535 CIVIL TERM : CIVIL ACTION- LAW : IN CUSTODY ORDER OFCOURT ANDNOW, this Ii'[~~ dayof )~,~'~J~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as lbllows: 1. The prior Order of Court dated December 15, 2003 shall remain in full force and effect with the following modification: 2. Paragraph 3 is hereby replaced in its entirety' with the lbllowing: 3. The parties shall have shared physical custody' as follows: A. Father shall have physical custody of the Children every Tuesday and Wednesday overnight. In addition, Father shall have physical custody alternating weekends from Friday to Sunday. Beginning ~d ending times shall be as previously agreed by the parties. In addition, Father's first alternating weekend of every month, Father shall have physical custody overnight on Sundays at which time he will assure the Children are transported to school on Monday, or at times as agreed by the parties. B. Mother shall have physical custody of the Children at all other times, unless otherwise set forth herein. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modif.v the provisions of this Order by mutual consent only if made in writing and only if executed with the sarne formality as this Order. In the absence of mutual consent, the terms of this Order shall control. BYTHECOURT, Edgar B. l~'a)ley, .-~v / J. cc: Marcus A. McKnight, Ill, Esquire, Counsel for Mother Bradley L. Griffie, Esqnire, Counsel for Father LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 3. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE l 915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children ',,,'ho are the subject of this litigation is as follo~vs: NAME Jenna L. Hoffman Tristan W. Hoffman DATE OF BIRTH June 3, 1992 October 5. 1995 CURRENTLY iN CUSTODY OF shared shared 2. A Conciliation Conference was held in this matter on March 11. 2004. with the following individuals in attendance: The Father. Wayne L. Hoffman, with his counsel, Bradley' L. Griffie, Esquire and Mother, Lori A. Hoffman, with her counsel, Marcus A. McKnight. 1II, Esquire. 3. A prior Order of Court dated December 15, 2003 was entered by the Honorable Edgar B. Bayley, providing for shared legal and physical custody. 4. The parties agreed to the entry of an Order in the form as attached. -'-/I -c, '-/ Date J~qu~ine M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: July 7, 2004 5 LORI A. HOFFMAN : PLAINTIFF : V. : WAYNE L. HOFFMAN : DEFENDANT : IN THE cOURT OF cOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4535 CIVIL ACHON LAW IN CUSTODY ORDER OFCOURT AND NOW,. Tuesday, July 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cotmsel appear be/bre Ja~Lq~line M. Verney, Esq.~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursl)ay, J~uly 29, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 childrcm 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/ Ja_cquelin~ M. Ver:~ey, Esq. Custody Conciliator rnhc 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 ATI'ORNEY 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 1'7013 Telephone (717) 249-3166 LORI A. HOFFMAN, Plaintiff V. WAYNE L. HOFFMAN, Defendant OCT 1 9 ZOg~ ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4535 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 19th day of October, 2004, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, emey, Esqdre, Custody Concil'a