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HomeMy WebLinkAbout01-5762scoTr L. HOOVER, Plaintiff AMY S. HOOVER Defendant :IN THE COURT OF COMMON ?L~AS :OF CUMBERLAND COUNTY, :PENNSYLVANIA : :CIVIL ACTION - LAW : :NUMBER ~["~_~ 7~'~IVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, ffyou wish to defend against the cJalmg 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 annulmellt may 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request man'iage ¢oun~ling. A list of marriage counselors is available in the Ot~ee of the Prothonotary at the Cmnberland County Courthouse, One South Hanover Street, Carlisle, Penn~ylvalfia, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE T~-~ RIGHT TO CLAIM ANY OF TI-~M. 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 ~ OFFICE SET FORTH BELOW TO FIND OUT WI~RE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CA~LISLE PA 17013 (717) 249 - 3166 der, Esquire Attorney for Plaintiff, Scott L. Hoover 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 SCOTT L HOOVER, Pl~intLff AMY S. HOOVER Defendant :IN THE~ COURT OF COMMON PLg. AS :OF CUMBERLAND COUNTY, :PENNSYLVANIA : :CIVIL ACTION - LAW : :NUMBER~IVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, SCOTT L HOOVER, by and through his/her counsel, J. Winder, F_~iuire, and represents as follows: 1. Plaintiff is SCOTT L HOOVER, who currently resides at, and whose mail;ng address is, P.O. Box 233, Newburg, Cumberland County, Pennsylvania, since November, 2000. 2. Defendant is AMY S. HOOVER, who currently resides at, and whose mailing address is, 1301 Mary Avenue, Shippensburg, Franklin County, Penn~lvania, since April 1999. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Penn~'ylvania for at least six months immediately previous to the filiog of this Complaint. 4. The Plaintiff and Defendant were married on October 21, 1995, at Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plainfiffavers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and ora list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT H - CUSTODY 9. Paragraphs 1 through 8 are incorporated herein. 10. Plaintiff seeks Partial Custody of the following child: Tyler Scott Hoover, bom October 3, 2000. The child was not born out of wedlock. The child is presently in the custody of the Defendant, Amy S. Hoover, who resides at 1301 Mary Avenue, Shippensburg, Pennsylvania. Since birth, the child has resided with the following persons and at the following addresses: (list all persons, addresses, dates) Mother at 1301 Mary Avenue, Shippensburg, Pennsylvania. The mother of the child is Amy S. Hoover, currently residing at 1301 Mary Avenue, Shippensburg, Pennsylvania. She is married, separated and the Defendant in this divorce action. The father of the child is the Plaintiff, Scott L. Hoover, currently residing at 8 East Main Sa'eet. Newburg, Pennsylvania. He is married and separated fi'om the Mother. 11. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following person(s): Pat Smith, PlaintiWs mother. 12. The relationship of Defendam to the child is that of natural mother. The Defendant currently resides with the following person(s): Tyler S. Hoover. 13. Plainfiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child(ren) in this or another Court. Plaintiff ha~ no information of a custody proceeding concerning the child(ren) filed in a Court of this Commonwealth. . · custody of the child or clalm~ to have custody or vlsltauon rlglltS wire re~pe~ tu m~ . 14, The best interests and permanent welfare of the child, will be served by granting the relief t~luested because Defendant has repeatedlt refused to allow any contact and visits between the child and Plaintiff and Plaintiff desires to provide parental nuturing to the child, plaintiff desires to provide care for the child during the day hours Mother is working when Father can do so prior to his going to work rather than have the child go to the babysitter. Mother has refused to agree or allow such care by Father. 15. Each parent whose parental fights 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 the Court to grant Pm-rial Custody of the child to Father, Scott L. Hoover at such times and for such periods as the Court shall find reasonable under the circum~'tances. ~ttc: ~ er, Esquire Attorney for Plaintiff, S~ott L Hoover 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. 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. SCOTT L. HOOVER PLAINTIFF : IN THE cOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-5762 CIVIL ACTIONLAW AMY S. HOOVER DEFENDANT : IN CUSTODY ORDER OF cOURT AND NOW, Monday, October 15, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 14, 2001 at 1:30 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 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/ ]acqueline 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 heating. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT L. HOOVER Plaintiff, VS. AMY S. HOOVER Defendant. CIVIL ACTION - LAW NO. 01-5762 IN CUSTODY STIPULATION AND AGREEMENT This Stipulation and Agreement is made this day of ,2001, by and between Amy S. Hoover of 1301 Mary Avenue, Shippensburg, Pennsylvania 17257, (hereinafter referred to as "Mother") and Scott L. Hoover of PO Box 233, Newburg, Pennsylvania 17240, (hereinafter referred to as "Father"). Amy S. Hoover and Scott L. Hoover are the natural parents of Tyler Scott Hoover, bom October 3, 2000, hereinafter referred to as "the child". 2. Amy S. Hoover and Scott L. Hoover were married at the time of the birth of the child. Scott L. Hoover has initiated a custody action with the Cumberland County Court and the parties are currently subject to an Order of Court and Directive for Conciliation with a pre-heating custody conference scheduled for Wednesday, November 14, 2001, at 1:30 PM. 4. The child is presently in the care and custody of Mother. None of the parties know of any 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. During the last five years, the child has resided with the following persons and at the following addresses: NAME Amy Sue Hoover ADDRESS 1301 Mary Avenue Shippensburg, PA 17257 DATE October 3, 2000 (birth) to present The parties have reached an agreement with regard to the custody of the child and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, ~ 2001, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Amy S. Hoover ("Mother") and Scott L. Hoover ("Father") shall have shared legal custody of the child, Tyler Scott Hoover, bom October 3, 2000 (''the child"), within the meaning of the laws of the Commonwealth of Pennsylvania. 2. Mother shall have the primary residential custody of the child. 3. Father shall have periods of partial custody of the child as follows: A. Father shall have physical custody of the minor child every Tuesday from 7:00 AM to 3:00 PM, commencing November 20, 2001. B. Father shall have physical custody of the minor child every other Thursday from 7:00 AM to 3:00 PM, commencing November 29, 2001. C. Father shall have physical custody of the minor child every other Sunday from 11:00 AM to 7:00 PM, commencing November 25, 2001. D. Father shall have physical custody of the minor child on Christmas from 10:00 AM to 4:00 PM, commencing December 25, 2001. E. Father shall have physical custody of the minor child on Father's Day from 10:00 AM to 4:00 PM. F. Father shall have physical custody of the child on the Father's birthday from 10:00 AM to 5:00 PM, commencing July 20, 2002. 4. The parties shall alternate physical custody of the child on the following holidays: A. Thanksgiving Day from 10:00 AM to 5:00 PM with Mother exercising partial custody on Thanksgiving Day, 2001. B. Easter Sunday from 10:00 AM to 5:00 PM with Mother exercising partial custody on Easter Sunday, 2002. WE[GLE, PE~:{KINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBU[RG, PA ~7257-1397 Father and Mother shall share all educational and medical information concerning the child and shall keep the non-custodial parent advised with respect to any medical emergencies. The costs for the preparation and filing of this Stipulation shall be borne by Mother. By the Court, Jo The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this agreement, execute this Agreement by signing below. Wimess AMY S.~IO'I'OVER WimessU SCOTT"L. HOOVER By: Respectfully submitted WEIGLE, PERKINS & ASSOCIATES g l;'ffn dquide Attorney ID #01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 I verify that the statements made in this Stipulation and Agreement 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. Dated: S. - I verify that the statements made in this Stipulation and Agreement are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating ~o falsification to authorities. Dated: SCOTT L~. HocJVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT L. HOOVER : CIVIL ACTION - LAW Plaintiff, : : vs. : NO. 01-5762 : AMY S. HOOVER : Defendant. : IN CUSTODY ORDER OF COURT NOW, /~en~,~ ! ~ ~ and Agreement, it is hereby ordered as follows: ,2001, upon consideration of the within Stipulation Amy S. Hoover ("Mother") and Scott L. Hoover ("Father") shall have shared legal custody of the child, Tyler Scott Hoover, bom October 3, 2000 ("the child"), within the meaning of the laws of the Commonwealth of Pennsylvania. 2. Mother shall have the primary residential custody of the child. 3. Father shall have periods of partial custody of the child as follows: Father shall have physical custody of the minor child every Tuesday from 7:00 AM to 3:00 PM, commencing November 20, 2001. Father shall have physical custody of the minor child every other Thursday from 7:00 AM to 3:00 PM, commencing November 29, 2001. Father shall have physical custody of the minor child every other Sunday from 11:00 AM to 7:00 PM, commencing November 25, 2001. Father shall have physical custody of the minor child on Christmas from 10:00 AM to 4:00 PM, commencing December 25, 2001. Father shall have physical custody of the minor child on Father's Day fi'om I0:00 AM to 4:00 PM. Father shall have physical custody of the child on the Father's birthday from 10:00 AM to 5:00 PM, commencing July 20, 2002. WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG' pA 17257-1397 The parties shall alternate physical custody of the child on the following holidays: A. Thanksgiving Day from 10:00 AM to 5:00 PM with Mother exemising partial custody on Thanksgiving Day, 2001. Easter Sunday from 10:00 AM to 5:00 PM with Mother exercising partial custody on Easter Sunday, 2002. Father and Mother shall share all educational and medical information concerning the child and shall keep the non-custodial parent advised with respect to any medical emergencies. The costs for the preparation and filing of this Stipulation shall be borne by Mother. By the Court, WE[GLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KIN6 STREET -- SHIPPENSBURG, PA 17257-1397 NOV e 9 '001 SCOTT L. HOOVER, Plaintiff V. AMY S. HOOVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA _. : NO. 2001-5762 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 2001, the Conciliator being notified that the parties have reached an agreement in the above captioned matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, ~acqu~ne M. vem~ y, q ire, Custod~onciliator