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HomeMy WebLinkAbout03-0727KENNETH K. HOY, Plaintiff V. ROBERTA A. WOLFGANG, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION- CUSTODY To the Judges of Said Court: Complaint for Custody AND NOW, thidt~7~th_ day of February, 2003 comes KENNETH K. HOY., Plaintiff above named, by and through his attorney, John M. Glace, Esquire, and respectfully presents the below Complaint for Custody, and, in support thereof, avers the following: 1. Plaintiff KENNETH K. HOYis an adult unmarried individual who now resides at 6 Ross Avenue, New Cumberland ( Fairview Township ), York County, Pennsylvania. 2. Defendant ROBERTA A. WOLFGANG is an adult unmarried individual who resides at 2207 - D Cedar Run Drive, Camp Hill ( Lower Allen Township), Cumberland County, Pennsylvania. 3. The above parties are the biological parents of Alexis JoAnna Hoy (dob: 11/12/90; SSN: 195-74-5002). 4. Above child was bom out of wedlock. Plaintiff has acknowledged paternity and made regular support payments to the Defendant pursuant to a DRO Order. 5. Above minor child has either resided with Defendant at the above described Cumberland County address throughout her life or with both parties, when they co-resided, at 1 Boeing Road, New Cumberland ( York County), Pennsylvania 6. There have been no prior custody actions and the minor child resides with above Defendant without Order of Court and is made available for partial custody / visitation to her Plaintiff/Father at the whim and caprice of Defendant. 7. All parties having any custodial interest to the minor child are made party to this action. 8. Neither party is a member of the armed forces of the United States of America. 9.. Plaintiff believes and therefore avers that it is in the best interest of Alexis JoAnna ltoy that he be granted shared legal and physical custody of her with established and finite periods of shared physical custody and transfer to be delineated by this Honorable Court. WHEREFORE, above Plaintiff KENNETHK. HOY respectfully requests this Honorable Court to grant him shared physical and legal custody of his daughter ALEXIS JOANNA HOY with Defendant with any other terms and conditions deemed advisable by the Court.. Respectfully Submitted, THE LAW OFFICE of JOHN M. GLACE Supr1 4. Glace, Esquire 2ourt ID: 23933 4 Walnut Street Harrisburg, PA 17101-1612 (717) 238-5515 Attorney for Plaintiff VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint for Custody are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unswom falsification to authorities. KetLneth K. Hoy ~r CERTIFICATE OF SERVICE I HEREBY CERTIFY that this I~ay of February, 2003 1 have served a true and correct copy of the foregoing Complaint for Custody, by first class mail, postage pre-paid, upon: Roberta A. Wolfgang 2207 - D Cedar Run Drive Camp Hill, PA 17011 Defendant LAW OFFICES of JOHN M. GLACE . Glace, Esquire 4 Walnut Street g, PA. 17101-1612 17) 238-5515 Identification No. 23933 Counsel for Plaintiff KENNETH K. HOY PLAINTIFF ROBERTA A. WOLFGANG DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-727 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 01, 2003 at 1:00 PM 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, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FOR THE COURT. By: /s/ Melissa P. Greevy, 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 APR 0 4 7_003 KENNETH K. HOY, Plaintiff Mo ROBERTA A. WOLFGANG, Defendant IN THE COURT OF COiMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA NO. O3-727 cr CIVIL ACTIO IN CUST ORDER OF COURT AND NOW, this ~_~ day of April, 2003, upon considerat Custody Conciliation Summary Report, it is hereby ordered and directed 1. Legal Custody. The parties, Kenneth K. Hoy and Robertl have shared legal custody of the minor child, Alexis JoAnna Hoy, born Each parent shall have an equal right, to be exercised jointly with the o all major non-emergency decisions affecting the children's general well, not limited to, all decisions regarding their health, education and religic terms of Pa.C.S. §5309, each parent shall be entitled to all recor pertaining to the children including, but not limited to, medical, dentali records, the residence address of the children and of the other parentl parent has possession of any such records or information, that parent share the same, or copies thereof, with the other parent within such re make the records and information of reasonable use to the other parent be entitled to full participation in all educational and medical/treatmen and evaluations with regard to the minor children. Each parent shall b complete information from any physician, dentist, teacher or authorit~ reports given to them as parents including, but not limited to: m~ certificates, school or educational records, attendance records or report each parent shall be entitled to receive copies of any notices which coi regard to school pictures, extracurricular activities, children's parties, m~ back-to-school night, and the like. ' 2. Physical Custody. Mother shall have primary physical Father's rights of partial custody which shall be arranged as follows: A. To commence April 11, 2003, and alternating week 5:30 p.m. until Sunday at 10:00 a.m. and from 12:00 noon Sunda Father's custodial weekends, Mother shall be permitted to pick a.m. for the purposes of attending religious services. Father will at noon that day following the completion of church services. ~IL TERM ~1 - LAW ODY on of the attached as follows: A. Wolfgang, shall iovember 12, 1993. her parent, to make being including, but ,n. Pursuant to the :Is and information religious or school To the extent one ;hall be required to ~sonable time as to Both parents shall planning meetings entitled to full and and copies of any ,dical records, birth cards. Additionally, 'ne from school with Jsical presentations, custody subject to ends, from Friday at y until 6:00 p.m. On dp the child at 10:00 ~en pick up the child NO. 03-727 CIVIL TERM B. Effective April 15, 2003, on alternate TuesdaysI following Father's custodial weekend, from 5:30 p.m. until 9:00 p.m. FatheI shall provide all transportation incident to this period of custody. Because the Iparties are sharing legal custody and will be discussing any extracurricular activiti,e.~, in which the child participates, prior to ,making arrangements for the child's parti(~ipation, the parties anticipate that Father s mid-week periods of custody may need,~o be changed to a different day to accommodate the child's extracurricular activ~ies, unless Father elects to participate in said activity. However, the parties shall dif;cuss scheduling of any activity or event that could occur during the other parent's cUl', ~todial time, prior to confirming the child's participation therein. C. At such other times as the parties may agree. 3. Except as otherwise specified in Paragraph 2 above, t~e parent receiving custody shall be responsible for providing transportation instant to the c~ stodial exchanges. 4. Holidays, including but not limited to Christmas Eve, Christmas morning until 12:00 noon, and Easter morning until 12:00 noon shall be with Mother. 5. All other holidays shall be divided each year by mutual agreement of the parties. 6. Father shall have Alexis at least two (2) nonconsecutiV summer vacation as agreed by the parties. A week shall be conside consecutive days which shall contain the vacationing parent's custi parties shall provide each other with no less than two (2) weeks notii vacation time. ~ 7. Each party shall have reasonable telephone contact wi[h periods when the child is not in the custody of that party. 9 weeks during the red to be seven (7) )dial weekend. The ce of their intended Alexis during the 8. The parties shall keep one another advised of their curre!~t address, work and residential telephone numbers. In the event that the parties have cellu ar telephone service available, they shall also provide each other with these phone numbs;rs, as they become available, i 9. Each party will notify the other of all medical care Alexis Ireceives while in the other party's care. Each party will notify the other immediately of r~edical emergencies which arise while Alexis is in that party's care. NO. 03-727 CIVIL TERM 10. Mother shall be responsible for the ch!ld's religious upbringing. Ea,ch parent shall make appropriate accommodations in the child s schedule to allow [or Alexis religious education. 11. In the event either party is unavailable for a period of m~re than one hour during his or her pedod of custody, that party shall first make a reasonal~le effort to contact the other party to offer the parent the opportunity to provide care felt the child before contacting third-party caregivers. 12. If Father is more than one-half hour late for his scheduled custodial time, or anticipates that he may be late, he will promptly contact Mother to mak~ arrangements for adjustment of the commencement of his custodial time on that day. 13. Neither party shall do or say anything which may estrangeI the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent.' Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 14. matter. Cumberland County Court of Common Pleas shall retain Dist: BY THE COURT' ~,J'~hn M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101-1612 aCY Johnston-Walsh, Esquire, 45 North Pitt Street, Carlisle, PA 17013 ra Mammana, Certified Legal Intern, 45 North Pitt Street, Carlisle, PA 17013 urisdiction of this KENNETH K. HOY, Plaintiff ROBERTA A. WOLFGANG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA NO. 03-727 CI~/IL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C~IVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following rePtrt: 1. The pertinent information concerning the child who is {he subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN T~E CUSTODY OF Alexis JoAnna Hoy November 12, 1993 Mother : 2. A Custody Conciliation Conference was held on April 1, ~003 in response to Father's Complaint for Custody filed on February 19, 2003. Present for the conference were the Father, Kenneth K. Hoy, and his counsel, John M. Glace, Esquire; the Mother, Roberta A. Wolfgang, and her counsel, Lara Mammana, Certified Legal Intern working under the supervision of Lucy Johnston-Walsh, Esquire. 3. The parties worked diligently and patiently, and with the assistance of counsel reached an agreement in the form of an Order as attached. Custody Conciliatelr :211718