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HomeMy WebLinkAbout97-01509 ~ J . -;;P ~ "7 \ ) / / / . ~ J ~ . - I c- o-, / f FRANK E. HOOVER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION . LAW 97. iSdl CIVIL TERM IN CUSTODY MONICA D. HOOVER, Respondent ORDER Qf COURT AND NOW, this :-JC-,I'"'dayof \'\\'\(( h . 1997, upon consideration of the ~ petition, it is hereby directed that the parties and their respective counsel appear before IY, \.o..J f'\ \. ~SJ"(.IL.~ Esquire, the conc:i1iator,_a!~q '.J. i~rl1, t.\ 1'11'" \: ~,-")(", \ "~rQ . on the ~" day of 6t!r I \ . 1997, at ~.E. M. for a Pre-Heanng Custody Conre'rence. At such confcrcnce, an effort will be made to resolve the issues in dispute; or if this tanIlOt be acc:omplishcd, to define and narrow the issues to be beard by the Court and to enter into a temporary order. All cbiIdren age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a tempora/)' or permanent order. By the Court, By: (..f\o.uJ'1\ :~ ,:L 1 K'\~ ~_ Custody Conciliator ~'\\>') YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER 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 Cwnberland County CourthouseI Courthouse Square, 4th F100r Carlisle, Pennsylvania 17013 (717)240-6200 AMERICANS WITH DISABILITIES ACT OF 19911 Tbc ColIn or Common PIas or Cumberland County is .R'd by law 10 comply with \be Americans Mth Diubilitia Act or 1990. For lnlormation about -ihle facilities and I'CUOIIIble _modatlons I\'aiIabIe 10 ditabled Indi\iduala !la\iD& busI_ bef'ore \be COW1. pIcase tonllC\ our oI'IIce. All arranaemcnts I\IIIIl be IllIde It Ieut 72 houn prior \0 any hearina or busI_ before \be court You I\IIIIl attend \be KIleduIed COIIf'erence or hearina. S. Since the date of separation, the respondent has taken the parties' minor daughter with her to her business location in Juniata County every evening, and brings the minor child back in the mornings wherein she gets the bus for school. 6. By taking the child to a Juniata County location after school through the following morning, the respondent has essentia11y changed the school district of the minor child, however, continues to keep the minor child in her current school district in Carlisle. 7. The petitioner believes and therefore avers that the minor child should remain in the current school district. 8. The petitioner believes and therefore avers that he should have primary physical custody of the minor child for the following reasons: a. The petitioner has been the primary care giver of the minor child for the last several years; b. The petitioner is remaining in the marital residence where the chi1d has resided for several years; c. The petitioner can maintain the status quo of the school district for the minor child. 9. The petitioner and respondent have DOt dilcn.sed the mpoodeat'I curreat actiooI of taking the minor child overnight into another county on . reautar basis. VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the Petition may in part be the language of my counsel and not my own. I have read the statements made in this Petition and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein made are subject to the penalties of 18 PI. C.s.A. Section 4904, relating to unsworn falsification to authorities. , 1-'JvO-~k t. ~ FRANK HOOVER Dlte: Mlrch /8 . 1997 FRANK E. HOOVER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MONICA D. HOOVER, DEFENDANT : 97-1509 CIVIL TERM ORDER OF COUR! AND NOW, this 17th day of June, 1997, IT IS ORDERED that the hearing now scheduled to commence at 8:45 a.m., Thursday, July 24, 1997, shall instead commence at 1:30 p.m., Wednesday, July 23, 1997. If necessary, the hearing will continue into Thursday moming up until noon. Edgar B. Bayley, J. ./ Rebecca R. HugheS, Esquire For PlaIntiff _ ~. (. (Yt'-. cut '/11/91. ...A -F. Bradley L Griffie, Esquire For Defendant :saa /' F:LED-Cm~E (:,: jI,": . "''''-;''',' ,""i~"";Y ;. ,,-. ,.' .J r.'1 "7 'I"'! 1"1 .", l' r:t.. ., J,II' I r~1 ._..1 . e'I'. ..- .\1'l'V U;;,J., ._,'~-J; ..il r:.::.; ::,.S';t:Jt:-~.., .' . ...... FRANK E. HOOVER, Petitioner : IN THE OOURT OF ~ PLEAS OF : CUMBERLAND CXXlNTY, PENNSYLVANIA . . vs. : NO. 97-1509 CIVIL TERM , . MOOICA D. HOOVER, Respondent : CIVIL ACTION - LAW : IN cusrooy Cl1Dl!R Of" <nm AND 101, this ~C\ U. day of '-}l Xv.,. , 1997, upon conaiderstion of the attac:li8dCiiii:ody COnciliationJReport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room I i ' of the Cl.IItlerlatll} County Court House, on the . ~ 'I u.. day of ~ , 1997, at L '\ OS 0' clock c.. .m., at whlCfitI'me testl.mC:liiy in is case will be taken. At this Hearing, the Father, Frank E. Hoover, shall be deemed to be the llOving party and shall proceed initially with testillOny, counsel for the parties shall file with the Court and oppoaing counsel a Memorandllll setting forth each party's position on custody, a list of witne888s who will be called to testify at the Hearing and a SUlll115ry of the anticipated testimony of each witness, These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of the COUrt or agreement of the parties, the Father, Frank E. Hoover, and the Mother, Monica D. Hoover, shall have shared legal custody of Amanda Hoover, born July 26, 1984. 3. During the sUlllllllr school vacation, the parties shall share Plysical custody of the Olild on an alternating weekly basis, with the Mother to pick up the Olild fran the Father's residence between 5:30 a.m. and 6:00 a.m. on alternating Sunday llOrnings and return the Ollld to the Father's residence on the following Sunday at 11:00 a.m. The alternating weekly schedule shall begin with the Mother returning the Ollld to the Father's residence on June 15, 1997 at 11:00 a.m. 4. Until the alternating weekly schedule begill8 on June 15, 1997, the parties agree to maintain the custody schedule which was in effect by agreement of the parties at the time of the CUstody Conciliation conference on May 8, 1997. 5. The Mother shall have custody of the Olild on Memorial Day in 1997 and the Father shall have custody of the Olild on July 4th in 1997. / BY TIlE 0XlRT,.1 , . , J. ee: Rebecca R. Hughes, Eaquire - counsel for f'athe _ {\-......-~CJ...~-/:Jt/q'l. Bradley L. Griffie, Eaquire - Counsel for Ilother -"'- . ...I:~ -. l ( r } ! ! ,} ,- FRANK E. OOOVER, . IN THE OOURT OF cnIMCtl PLEAS OF . Petitioner : CUMBERLAND CXXJN'1Y, PENNSYLVANIA . . vs. . NO. 97-1509 CIVIL TERM . : I'C<<ICA D. HOOVER, . CIVIL ACTION - LAW . Respondent . IN CUSTODY . aJl'1UJlC a:H:ILIA1'ICB SlIItARlC REl'CRr III ~ Nl'l'B aJIlI!RLAHO anmr IU.B (:I CIVIL PR) .....IAB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the O1ild who is the subject of this litigation is as follows: RMB DM'B (:I BIR1'B QJUU!H'l'LY IN .......4"'"'X (:I Amanda Hoover July 26, 1984 Mother/Father 2. A COnciliatien Conference was held en May 8, 1997, with the following individuals in attendance: The Father, Frank E. Hoover, with his counsel, Rebec:ca R. Hughes, Esquire, and the Mother, Monica D. Hoover, with her counsel, Bradley L. Griffie, Esquire. 3. The parties recently separated in March 1997. The Mother IlDV8d to Jooiats County and the Father remained in the maritsl residence in Carlisle. The O1ild is currently enrolled in the CI.Iltlerland Valley SChool District. Prior to the Conference, the parties informally worked out a shared custody arrang~t (not necessarily SO/SO) whereby each party had periods of custody with the O1ild during the school week and on the weekends. Although the parties were able to agree at the Conference en custody arrang.-nts during the slllllll8r school break, the parties were not able to agree en a custody schedule for the next school year, and therefore a Hearing will be necessary. 4. The Father's poaitien en CUstody is as follows: The Father believea that it is not in the O1ild's best intereet to be transported back and forth between the Mother's residence in JWliata County and the ClJlt)erland Valley School District during the O1ild's school week. The Father believea he is in a better poaitien to be pcimary custodian of the O1ild during the school year as he resides within the school district. The Father was willing to share custody on an alternating weekly basis (ea the parties have agreed to 00 during the slllllll8r) in an effort to reclx:e the n\lltler of custody exchanges particularly during the school week. The Father was not agA8able to the Mother's proposal to shift his periods of custody with the O1ild to illlllediately before, during and after a weekend. 5. The Mother's poaitien on CUstody is as followa: The Mother believea it would be in the O1ild's best interest to reeide with the Mother during the school weeks. The Mother indicated that she is the pannt who pcimarily helpa the OlUd with school work. The Mother ~~!8d thet the Father have periods of partial custody on weekends and after school on ,