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Home My WebLink About00-00626 , ~~,. ~".. = --"'~ . ~>'=" ~" '0' , , "'^,~ ~'. ~~, ~ ~--~.~'>' ~~~,~ "^' '~',;"', > '",""0'" 'C,^' '-"'-'~"~",," "."'C<'_~' '~'';';'>_,c'~<.,;-''''' BRIAN E. KERNS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER : ()...DOD~(.~/'" CIVIL TERM PEGGY 1. HOOVER, Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Motion, it is hereby djrected that the.1?arties and their respective counsel appear before t'Yl~ ~,=~theconCiliator,at3q\~\-n\[\0\\ 1 , \J(c:' _. , on the dCJ day of Mnfr , 2000, at ltOO AM., for a Pre-Hearing Cus y Conference. At such conference, an effort wlll 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. BY THE COURT: ~n)'\\ ~'~\lJ~ (\.l), ) 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. COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 d .<;1.00 0< .f.c2? a -tf.&tJ ~ . I~ , - ~ , .~.-. .."'",,,.~,., ,-- 00. .- Lit) ,"1':1') n ~LJ ..., ',I ',', , '"' t~n 3: ? Q ..-' \,-1.... c.:UlI/JDC',Ll',;'H" "',''> PElVN.S);,L(,}\;~!jNiY 1..''1'''\ (';wi. ?~ '?ua.dl/ Z a:If ~ 77~:t& /N~ ~ k~ ~/0' I~ /Jt-v~ h ~.'--~} ." . ...~ .... ........ ~ .J""'f . c' '. ~ '" .. ",~'''. _.--,,' --, ,"',"'"" 0'" , " '",':;',~,"",~ '" . '" . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: :u-w - (.2/' C;;J ~ BRIAN E. KERNS, Plain tiff PEGGY 1. HOOVER, Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, BRIAN E. KERNS, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is BRIAN E. KERNS, who currently resides at 11 Mountain Drive, Lake Straus, Fredericksburg, County of Lebanon, Pennsylvania. 2. Defendant is PEGGY L. HOOVER, who currently resides at 14 South Front Street, Wormleysburg, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of temporary physical and shared legal custody with respect to JOHNATHAN W. KERNS, born December 14, 1988. The child was not born out of wedlock. The child is presently in the custody of Defendant, PEGGY 1. HOOVER. During the past five years, the child has resided with the following persons and at the following addresses: February, 1995, until May, 1999, at various addresses in Central Pennsylvania, from May, 1999, until the present with Defendant at 14 south Front Street, Wormleysburg, Pennsylvania. The mother of the child is PEGGY 1. HOOVER, who currently resides at 14 South Front Street, Wormleysburg, Pennsylvania. She is married. The father of the child is BRIAN E. KERNS, who currently resides at 11 Mountain Drive, Lake Strause, Fredericksburg, Pennsylvania. He is separated. 4. The relationship of the Plaintiff to the child is that offather. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the child and with her husband, and daughter, Kaylin Hoover, age 3. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in a.nother court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming rights of temporary physical and legal custody in Plaintiff because Plaintiff has been denied regular and consistent visitation with the child. ~ -- .v" ~".~" O"~,,~'"," ,,,~,,.. ".~ " . ~ ''',",,'. ',." ,', ;. ~'."--i"","'~"J'.""'_',' ,~ .' 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of temporary physical and shared legal custody in Plain tiff. Respectfully submitted, ~ .,(L~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attomey for Plaintiff , _,~ '~~~~ ,,~_~",r.',' ',,".~,, ,,"_ ~""e"""^';<' 'C?~'. <-"" ,"~"" "'("'d""'~""" ., COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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. .J./~/#. ~ DATE ~ ,C~ BRIAN E. KERNS "'~ ~I .:..,.;,.;, '~, > "'N'. ,~ " " 0"', <'~," J , .--'~, ,,' , ,.. 0 Cl (~: C' CJ -'i'l C. ..." .~j -C c. --q r~ i : i;.J,j f'~ ~i,,~ j" ~"1 ,. (,.,,) Cl ,l,; ,',.,.-' re- .~-:~ -'-, <'" -Ti )'.'; c:; ;,,'~, ;:-::: " >' C:I .::) i-q C ;::~ :;:: ::;! CO :'i1 -< I:l"J ~, ." .. APR ~ 3 20~ BRIAN E. KERNS, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. . . CIVIL ACTION - LAW NO. 00-626 . . : PEGGY L. HOOVER, Defendant . . : IN CUSTODY ORDER OF CXlURT AND NCiIJ, this 28th day of March, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The CUstody Conciliation Conference scheduled for March 29, 2000 is canceled. FOR THE COURT, Da~ CUstody Conciliator - .IIiI ~'. . i:oI:l& "~ u '~--"'-\li/l;~,~~~JiIII.J:""-"-~ , ,""','" ~ '~" ...w c:::> c:::> ~ "0 ::;0 I ..,- g -g:. --00:;1 rTli'T' -/...,.-, ?-"-'-' :z r;~ en. -~7 %-"~, 1/0 2;.0 0Cl -PC Z :2 -rJ -, ..> o ~.rl :1.-;1 ~'n?; .......\1-1 :',:J9 ()/) -4,:::,,-, :r: -ri C),") 3m =. ~ -< ~ ~ G' ,"" "^- , '1 ., BRIAN E. KERNS, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-626 CIVIL TERM PEGGY 1. HOOVER, Defendant IN CUSTODY ORDER AND NOW, this (1 day of ~ ' 2000, upon consideration of the within Motion and Petition to Enter Stipulation as Order of Court, the Petition is hereby granted. (' ;;y o :tfJ 00 vr- "\ _,f ~-{S BY TillE C 'IW ~, , \ !'J .,- I",;": ;; :!)T/',F;Y GO r,.~: ~~ \1: :>.9 CU1'J.(,:~:.::.~,;..J\!:.~'!J CDUNTY PENNSYlv/\N\;,-\ - ~" ".~.' "'~" ."~~' '_~""""N'v"""" ". lJllt "",1100 - ..--~" ~, .., ~, . ~",,- 0.' ~'. "~,,.,,_ BRIAN E. KERNS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2000-626 CIVIL TERM PEGGY 1. HOOVER, Defendant IN CUSTODY MOTION NOW COMES the Plaintiff, BRIAN E. KERNS, by and through his attorney, Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is BRIAN E. KERNS, an adult individual currently residing at 11 Mountain Drive, Lake Straus, County of Lebanon, Pennsylvania. 2. That Defendant is PEGGY 1. HOOVER, an adult individual currently residing at 14 South Front Street, Wormleysburg, County of Cumberland, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of a minor child, JOHNATHAN W. KERNS, born December 14,1988. 4. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor child, and the said Stipulation is attached hereto. ~~ " -, ,'.. ,~~ '1: ~i I ~; I. I: I' I I . ~: , " , l: II ~~ ~ ~~"~. ~ ,~ .--~.. ,~ 5. That the parties desire that said Stipulation be entered as an Order of Court. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted ~L~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff . . ,~ .. ^~. , .'~,,---' ,.,., "",'." ,>',~, >",--',,""'. _"F",,,,,,,""', """', ""'~"~" ",u. ,,:=~"'_ I I.' i ! It Ii COMMONWEALTH OF PENNSYLVANIA .;' , COUNTY OF DAUPHIN Upon information and belief, I verify that the statements in the foregoing t: p ~ Motion 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 ~. ~~ t ': ~. ~L/N , DATE ~?/~ CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF Ii; i I ~ ~ I' !i ;; I', !; 1: II [i (1 ~j falsification to authorities. " ~ - BRIAN E. KERNS, Plaintiff vs. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-626 CIVIL TERM PEGGY L. HOOVER, Defendant CIVIL ACTION - AT LAW CUSTODY PETITION TO ENTER STIPULATION AS ORDER OF COURT AND NOW, come the parties, Brian E. Kerns and Peggy L. Hoover, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Brian E. Kerns (the Father hereinafter) and Peggy L. Hoover (the Mother hereinafter), have born to them one child, namely Johnathan W. Kerns, born December 14, 1988 (the Child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custOdy, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties -'k agree as follows: 1. Phvsical. CustodvNistiation The Mother shall have primary physical custody of the child. The Father shall have partial custody and/or visitation of the child, to include every other weekend beginning on Friday after Father finishes work through Sunday at 6:00 p.m. Father shall notify Mother by noon on the Friday of his scheduled weekend visit of the time he expects to pick up the child that evening. This schedule shall commence the second weekend following the date of this agreement and every other weekend thereafter. The Father may exercise additional periods of visitation with the child at such other times as the parties may mutually agree. 2. Le9al Custody The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education, and religion. Therefore, although Mother has primary physical custody of the child, and Mother shall have authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. If a dispute arises as to any matters regarding non- routine decisions regarding the child, then Mother, who has primary physical ",~' - custody of the child, may exercise final determination subject to review by a court of competent jurisdiction. Each of the parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. Summer Vacation Father shall be guaranteed two separate, non-consecutive one week periods of exclusive custody of the child during each summer, for a total of two weeks. Father shall notify Mother of the dates intended to exercise these vacation periods by June 1st of each year. Additional periods of partial custody during the summer may be exercised upon agreement of the parties. 4. Maior Holidavs The parties shall alternate the following holidays: Easter weekend (from Good Friday at 5:00 p.m. through Easter Sunday at 6:00 p.m.), .Halloween Night - or the night scheduled for trick-or-treating (from 5:00 p.m. until 9:00 p.m.), Thanksgiving Day (from 9:00 a.m. until 8:00 p.m.); whereby Mother shall have the first holiday following the signing of this agreement, and alternating holidays accordingly thereafter. Each and every year, Father shall have the child from 12:00 p.m. noon on December 24th until 12:00 a.m. midnight 3. ~~~. ~~:b,' on December 25th and Mother shall have the child from 12:00 a.m. midnight December 25th until 12:00 p.m. noon on December 26th This section shall supersede any other section contained in this agreement. This section may be changed or modified upon agreement by both parties. 5. Mother's Dav/Father's Dav Mother's Day shall be with Mother, Father's Day shall be with Father. This visitation shall be from 9:00 a.m. until 5:00 p.m. 6. Child'~ Birthday The parties shall share the child's birthday in as equal a manner as possible. 7. Labor Dav/MemoriatDav Weekends The parties agree that whoever's weekend custody of the child falls on the weekend before Labor Day and/or Memorial Day, that person may keep the child until 8:00 p.m. on the holiday instead of returning him on Sunday. 8. TransDortation The parties agree that transportation to and from their residences shall be by Father who shall pick up the child at Mother's residence at the beginning of his custodial periods and return the child to Mother's residence at the conclusion of his custodial periods. 9. Alcohol and Druas During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. ---- " ~ '~.~".'~ J, ill;'llol''', 10. Notice of Whereabouts/Illness Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. Except for regular vacations scheduled pursuant to paragraph 3 above or short trips during a party's scheduled custody or visitation as set forth in this agreement, neither party shall remove the child from Pennsylvania without written consent of the other party_ 11. Tele~hone Contact with Child Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. :'; :--1 II !'i i'! !,j ~I , , 'I 1_1 I -'I , I i ., Ii ',I " II II ! 12. DisDaraaina Remarks Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 13. Suoersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 14. ContemDtlAttomev's Fees Should either party be found in Contempt of Court ..,..,,- - for breaching this agreement, the breaching party shall be responsible for all attorney's fees incurred by the non-breaching party. 15. Modification Any of the provisions of this Agreement may be modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. ~IL- A"Brian E. Kerns ?k~1,o ~ ~cA/ Witness ~ 1\ i :<(,~ ~Hoover ":> I .J/ JUC>0 ~ Witness . " --", li.jj;"~ ~.-!'iUilHllii_L' ......t~.,J'"'""'., lllj,j~iI>'!!il!i><."""lH&'-'!!I~M-!fii!~;Wj,..~r . ~~~..~~ M m".;_",~ . "- '" "~llliaiI- "'....,.....' 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