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HomeMy WebLinkAbout00-05184 - .. 4' ~' ;. ','" ,- ~"" . GARY L. HOOVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. PATRICIA L. HOOVER 00-5184 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 27th day of July ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the ~ day of September, 2000, 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. FOR THE COURT, By: Isl Dawn S. Sunday. ES'A 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 TIllS 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 . ~ I I ;iiij~~~", """""""n,"<IIill1~ "" --- ";.'"~ = " N_', ','_ , ,~"n. "''''-'' c': . (1(J I'" ,Jl.! .-' H ..) i) '.1 ,,',_ ~,I';' I ~, '-'j; ,-,:: Si;- .. ("I'" " 1\')"''""'' '-" 'I 5,,~J1L_,i~~~,_ ~'~-Ci; r,;i'-" 'LN;V'i'I/'\""''-'''' I '\,., _,'i--;;'\Ju. )'d-f.a; W. ~ n<-~ ~ ~ ~ 'I-~o {~ f!'t'aA ~ 4 /UC~ /"J.f.,tJCJ t~ )Pt-~ -17 4~ ~,.,,~, ~. ~_"1 . :, i.IV ~ ~,1"".._ I~,~"'ill< __' _",,">:1;'- ;'J'~J". ~_ .,,~,"!'@:IllBJ!ii'!~~~z. _.,_ ,~, eo,~ ,~......_ 'i!lI:I , c " ,'. "') 0 "~' .,',; eW."~;__"' ,:-": "_ ,'_~, ,,,_,,,,, ,- "" , ' ,,- ,_. ':', _, } ~'_" :.."h ;-"" ' GARY L. HOOVER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. (}-() _ 51 f'{ f24:J. l.e..- PATRICIA L. HOOVER, Defendant CIVIL-ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Cornplaint, it is hereby directed that the parties and their respective counsel appear before Esquire, Conciliator, at the , Pennsylvania, on the day of 2000, at .m., for a Pre-Hearing Custody Conference. At such conference, j 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 ternporary Order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not rnandatory. Failure to appear at the conference rnay provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: BY: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, P A 17013 (717) 240-6200 ,',p-"" .-"- ~ ";"~=". GARY L. HOOVER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-0- 5JJ'<f ~-r~ PATRICIA L. HOOVER, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Gary L. Hoover, residing at 22 West Big Spring Avenue, Apartment 2, Newville, Pennsylvania, 17241. 2. Defendant is Patricia L. Hoover, residing at 3574 Ritner Highway, Newville, Pennsylvania, 17241. 3. Plaintiff seeks custody of the following children: Name Galen L. Hoover Present Address 3574 Ritner Highway Newville, Pennsylvania 17241 Age 9 Lara L. Hoover 3574 Ritner Highway Newville, Pennsylvania 17241 7 4. The children were not born out of wedlock. The children are presently in the custody of Defendant who resides at 3574 Ritner Highway, Newville, Pennsylvania, 1 7241. 5. During the past five (5) years, the children have resided with the following persons at the following address: Narne Address Dates Gary L. and Patricia L. Hoover 3574 Ritner Highway birth - October, 1998 Newville, Pennsylvania, 17241 Patricia L. Hoover 3574 Ritner Highway October, 1998 - current Newville, Pennsylvania, 17241 6. The mother of the children is currently residing at 3574 Ritner Highway, Newville, Pennsylvania, 17241. She is rnarried. 7. The father of the children is currently residing at 22 West Big Spring Avenue, Apartment 2, Newville, Pennsylvania, 17241. He is married. S. The relationship of Plaintiff to the children is that of Father. Plaintiff does not reside with any other people. 9. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the children and no other people. 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Cornrnonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting shared legal custody to the parties and primary physical custody to Plaintiff. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court grant the parties shared legal custody and grant him primary physical custody of the children. Respectfully Submitted, Dated: July 21,2000 D a Deni n antor, Esquire Sup. Ct. I.. 6378 REAGER, ADLER & cOGNETII, P.C. 2331 Market Street Camp Hill, PA 17011 (717)763-1383 i__ ", .,.,,,- ~, J" " ,- -J" ,0' -_'" , -, ~, '_",,',~ ",;' ",,:,,'---"\J VERIFICATION I, Gary L. Hoover, the above referenced Plaintiff, hereby verify and state that the facts set forthin the foregoing Complaint for Custody are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn verification to authorities. ~~~ r 1!<l7~ Gary L. Hoover 7- /7- 00 DATE: .,_.'",', '--..::- ',-. ~-.,? "" .-;"-'" ,.-',,' J",..- '. .~~ -''''~'., ~" ': \\Nlsb\familylaw\ClieuIDireclory\Hoover-\Pleadiugs\certificateofserviceforcustody.wpd 7121100 CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, Attorney for Gary L. Hoover, Plaintiff herein, do hereby certify that on this date I served the foregoing Complaint for Custody by depositing a true and exact copy thereof in the United States mail, Certified, postage prepaid, addressed as follows: Patricia L. Hoover c/o Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17 De r e so antor, Esquire Sup. Ct. LD. No. 66378 REAGER, ADLER & COGNETTI, P.C. 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Dated: - ',1 ,~~. "" , " .. GARY L. HOOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-5184 CIVIL TERM . . . . CIVIL ACTION - LAW PATRICIA L. HOOVER, Defendant . . . . CUSTODY ORDER OF CCXlRT AND roq, this 1 ~ day of ~, consideration of the attached CUstody Concl. iation Report, and directed as follows: , 2000, upon it is ordered 1. The parties shall submit themselves and their Children to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional reconmendations concerning custody arrangements which will best serve the interests of the Children. The parties shall also obtain initial reconmendations from the evaluator concerning appropriate temporary custody arrangements pending completion of the evaluation. The parties shall equally share the costs of the evaluation initially but reserve the right to petition the Court for apportionment of costs in a different manner after completion of the evaluation. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties and the Children. 2. pending receipt of the evaluator's initial reconmendations or further agreement of the parties, the Mother shall have primary physical custooy of the Children and the Father shall have supervised visitation during alternating weekends on both Saturday, from 10:00 a.m. until 4:00 p.m. and Sunday, from 1:00 p.m. until 5:00 p.m. The Father's alternating weekend periodS of custody shall begin on Saturday, September 15, 2000. Unless otherwise agreed between the parties, the Father's periods of visitation shall be supervised by the Mother. 3. Within 60 days after receipt of the recOIlUllendations, counsel for either party may cont schedule an additional CUstody Conciliation Conferenc /. BY 'ryE' com / evaluator's written the Conciliator to \ J'~ ',y ~O (j 0\' ~ cc: Debra Denison Cantor, Esquire - Counsel for Father Marcus A. MCKnight, III, Esquire - Counsel for Mother ~ , ",",~~~.~""."..,.~,~f.~~ ,,"".~ ~ , ..Il!I!!!IIJI!!, FlLED-()r'FlCE ~- T!'" "~"" I""OTADY Qr ,;"'it i';;'~',)' 1'".\)1\; II Ifl 00 SEP /if Ai'l il: 32 ClJMSERlJ\I~D . COUNTY PENNSYLVANIA "" ., ~ . ,.'~~' ~mmr.r:.l;,,_~,~J:ffr"~~W,!f'~O!'f'"!N !!Il<~~~V'tffl!~ ~ .. " -L, ~ GARY L. HOOVER, . IN THE ooURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-5184 CIVIL TERM : . CIVIL ACTION - LAW . PATRICIA L. HOOVER, : Defendant . CUSTODY . CUSTODY CCl<ICILIATICN SUMMARY REPCRT IN ACCORDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN COSTODY OF Galen L. Hoover Lora L. Hoover April 7, 1991 February 16, 1993 Mother Mother 2. A Conciliation Conference was held on September 6, 2000, with the following individuals in attendance: The Father, Gary L. Hoover, with his counsel, Debra Denison Cantor, Esquire, and the Mother, Patricia L. Hoover, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~k~A Date -i1.:~ Custody Conciliator 7 J-c;()O , ""- """- - :.,-- , " ""'~ .. GARY L. HOOVER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . NO. 00-5184 CIVIL TERM . . . PATRICIA L. HOOVER, : CIVIL ACTION - LAW Defendant . IN CUSTODY . ClIDER OF CXlURT AND l<<:W, this , ~h't- day of ~ consideration of the attached Custody Conciliation Report, and di~ected as follows: , 2001, upon it is ordered 1. The prior Order of this Court dated December 13, 2000 is vacated and replaced with this Order. 2. The Father, Gary L. Hoover, and the Mother, patricia L. Hoover, shall have shared legal custody of Galen L. Hoover, born April 7, 1991, and Lora L. Hoover, born February 16, 1993. 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 Mother shall have primary physical custody of the Children. 4. Pending receipt of a written opinion from the Father's therapist, Joseph Martin, recommending initiation of unsupervised periods of custody for the Father, the Father shall continue to have supervised visitation with the Children during alternating weekends on both Saturday, from 10:00 a.m. until 4:00 p.m. and Sunday, from 1:00 p.m. until 5:00 p.m. Unless otherwise agreed between the parties, the Father's periods of visitation shall be supervised by the Mother. 5. within one week from the date of the Conciliation Conference, the Mother shall contact the Father I s therapist to schedule an appointment in accordance with the recommendations of Arnold Shienvold, PhD. The purpose of the appointment shall be to enable the Mother to inform Mr. Martin of the Mother's position with regard to contact between the Father and the Children. 6. The Father shall sign all necessary authorizations to enable Joseph Martin to release information to the Mother, through counsel if appropriate, concerning the status and progression of the Father's therapy as relevant to the Children and the custody situation generally. 7. At such time as the Father I s therapist recommends in writing that it is appropriate for the contacts between the Father and the Children to be unsupervised, the Father shall have partial physical custody of the Children during alternating weekends on Saturdays from 10:00 a.m. until ~. 7:00 p.m., and on Sunday from 12:30 p.m. until 9:00 p.m., and also every Tuesday from 4:00 p.m. until 8:00 p.m. 8. The parties shall select a counselor for the Children by agreement pursuant to Dr. Shienvold's recommendations, with sessions to be scheduled at least bi-weekly fOllowing the Father's periods of custody. The parties shall ensure that the counseling for the Children is established prior to the first unsupervised period of partial custody. 9. The Mother shall obtain clarification from Dr. Shienvold with regard to his recommendation concerning therapy for the Mother. The Mother shall share information obtained from Dr. Shienvold under this provision with the Father through counsel. 10. Counsel for the parties may contact the Conciliator within four months from the date of this order to schedule an additional Custody Conciliation Conference, if necessary, to review progress in the establishment of ongoing custody arrangements. 11. This order is entered pursuant to agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shal~l. J. ~~\-O\ ~ Edgar B. Bayley, ./ cc: Debra Denison Cantor, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother - ,. <' ~ ,,~_~ ..,,,,,,,_,,,,,,,r .~-~ ..,.,-~~~-< - ~..,y J!I /~ ';'./,;' //" ~ "-~ .y /, ..'.) '/ C} Vi :;:~:\~), ()z,'1-(::' '. i<.., (.-j,. ''''IN' ,0'" .., /J \j-:<t~"-'/'\ .VII.,/." /i;;(ff;;;. _~~~~_~, _,IJ..;JfIlIllL"""",~<~~~~~1f~::...~,~. !\'V~i!I!!iliPJIl!~!"fi~~,,,. -'l' //-0. ''Z? , ,",' ,. '"-. . . GARY L. HOOVER, : IN THE COURT OF COMMC!:il PLEAS OF plaintiff . CUMBERLAND caJNTY, PENNSYLVANIA . . . vs. . NO. 00-5184 CIVIL TERM . . . PATRICIA L. HOOVER, . CIVIL ACTIC!:il - LAW . Defendant . IN CUSTODY . PRICR JUDGE: Edgar B. Bayley CUS'lOOY CXX\/CILIATI<IIT SUMMARY REPCRT IN ACCXlIDANCE WITH CUMBERLAND CXlJNTY RULE OF CIVIL PROCIIDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUS'lOOY OF Galen L. Hoover Lora L. Hoover April 7, 1991 February 16, 1993 Mother Mother 2. A Conciliation Conference was held on May 9, 2001, with the following individuals in attendance: The Father, Gary L. Hoover, with his counsel, Debra Denison Cantor, Esquire, and the Mother, Patricia L. Hoover, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~, I 1../) ..+mJ I Date ~ Dawn S. Sunday, Esquire ~ CUstody Conciliator ~~ ""t.M-, . ,,'"' ~~ " -- ,-,,~ ~"-jj GARY 1. HOOVER , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-5184 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PATRICIA 1. HOOVER , Defendant ORDER OF COURT AND NOW this day of . o ,2001, It is hereby RDERED that Plaintiff shall have partial custody of his children D PM to 8:00 PM and th. on ecember 25, 2001 from 12:00 IS matter shall be immediately referred to a custody conference. BY THE COURT: ~J2.[/~ OQ.tlI..v- ,AJ~ C'-- ~1""1' ~/~ fu ~~ ~ C-'^ ~~, we- ~ vurI- ~"cAJA cdJvPe-7 fl1j,o ~ ~ f~VlJ~ '2..1J01. ~ f:to \ \l- '{? ../ ' ;ijj ! I I " II I, II ;:-',.".., , _,," ._r r\~?(j; ill>?-'l P\5i:'?:~I~\D':-\'.) , ",\,," I '0 Or ?\~ "1) ~ r~? \ U \ \ltc\.' . ,~ cou\;\\i C\J\\!\~~~~~~ ~=Qm'Mi."_, ~~_~~ ,!"",~~"_~,, ~ 9:IJ!il "' JJ!: -'_-''''''T""_~~.",.~[(H~~~~Il!!fjjll~~,~~~~~ GARY 1. HOOVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-5184 CIVIL TERM PATRICIA 1. HOOVER, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff, Gary 1. Hoover, by and through his counsel, Reager & Adler, PC, and petitions this Court for special relief as follows: I. Plaintiff is Gary 1. Hoover, an adult individual residing at 22 West Big Spring Avenue, Apartment 2, Newville, Pennsylvania 17241. 2. Defendant is Patricia L. Hoover, an adult individual residing at 3574 Rittner Highway, Newville, Pennsylvania 17241. 3. Plaintiff and Defendant are the parties subject to a Custody Order dated May 21, 2001. 4. This Order does not make provisions for custody during the holidays. 5. Plaintiffs sought to amicably obtain custodial time during the Christmas holiday. 6. Defendant is only "permitting" Plaintiff to spend one hour on Christmas morning with the children in her home which is incedibly unreasonable. 7. On December 17, 200 I, Plaintiff contacted counsel for Defendant to attempt to resolve the Christmas custody issue. To date, Defendant's counsel has not responded. .. ~ '~:: 8. Plaintiff desires to spend substantive and quality time with his children during the Christmas holiday as follows: December 25, 2001 - 12:00 PM to 8:00 PM 9. Concurrently with this Petition, Plaintiff has filed a Petition for Modification of the Custody Order. WHEREFORE, Petitioner requests this Honorable Court to enter an order granting him custody of his children on Christmas day from 12:00 PM to 8:00 PM. Respectfully Submitted, REAGER & ADLER, PC Dated: J)-/!fD / By: r eni on Cantor, Esquire PA ill. #66378 2331 Market Street Camp Hill, PA 17011 (717)763-1383 ~, ";f- VERIFIcA nON I, Gary L. Hoover, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. DATE: /2- /rP-~ I ....8-'""tr?/ f 1/ ~ Gary L. Hoover -"', CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, Attorney for Gary L. Hoover, Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Special Relief by depositing a true and exact copy thereof in the United States mail, Certified, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 Dated: ),?- / / e / [) / :il'" ."-' .-. "'llliLS:if~~_~~~di'i;lt1fii!!!~L~-"^,"""'--- ~>-~IlK~Ill!lli!.'i!tlJj1 _~~.,~- , 7?(.)~ tk~9 ..... ..... 0 .... IV CY ..0 IV ~ .c: ntJ~ c....'--. --c J- ''''''''''''.,~- o r"~" ~-;: ~lt ,- :.0;:- "-._-, ~~~ 7~ li.,",'I^ ~~,~' CI =- '0<" , ::'"") CD r:~ --< -......) , >~ ~;.' ::---' ~j " .'. , ~ -', . ' GARY L. HOOVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-5184 CIVIL ACTION LAW PA1RICIA L. HOOVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39 WestMaiu Street, Mechanicsburg, PA 17055 on Weduesday, Jauuary 16, 2002 at 8:30 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. 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 ,~ ",""\,",C FILED-vel: .:-:7- \I 1.['.,. "c""1'\~( )",0111.1=11 O~"'" \ ',c' j" , "!L:: ,'- ' 0\ DEe 2. \ PFI 2: 5 \ CUMBtHLANO COuNTY PENNS'ILIJII.N\f\ fILEI}{)fFICE ,,v,: ~,,'f.: DC:('J'Tf"IC}I'.lOTA ",,: ,,-..!' -', " ! ^ ' ,~, /J./J..1!6/- Coo- C.OfY 1'Yl'ia;bl~ IN!!. ~ tUa+1 'a_JY'I~.;L~.cC"/-o I+Uy ~'91J-- CcP't m~~l~...../O MIy !:~1 -, M" "'!!"Ii!! 'i' ~ iJlf~~I!~~_!lMIlliII[~. ~ """"",.~wr,i~1.'Wj~IHj\,~'f"'Q!i:"I1,,'~"~""i~li@,~~"i!",9"'iti\fJ!i~'",i;'","'F,'I:o/:!~'~'Wl'7j\"'!flWi-j,Sm."""~,~~~",,,~.~ . . GARY L. HOOVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-5184 CIVIL TERM PATRICIA L. HOOVER, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition for Modification, it is hereby directed that the parties and their respective counsel appear before , Esquire, Conciliator, at the , Pennsylvania, on the day of ,2001, at .m, 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not nlandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT DATED: BY: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~--{r, GARY L. HOOVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-5184 CIVIL TERM PATRICIAL. HOOVER, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION AND NOW comes Plaintiff, Gary L. Hoover, by and through his counsel, Reager & Adler, PC, and requests this Honorable Court to modify the Order dated May 21,2001. 1. Petitioner is Gary L. Hoover, an adult individual residing at 22 West Big Spring Avenue, Apartment #2, Newville, Pennsylvania 17241. 2. Defendant is Patricia L. Hoover, an adult individual residing at 3574 Rittner Highway, Newville, Pennsylvania 17241. 3. Plaintiff seeks modification of the Custody Order governing the following children: Gailen L. Hoover Age 9 Lora L. Hoover Age 7 4. A conciliation was held before Dawn Sunday and on May 21,2001. An Order was issued directing the custody arrangements. A copy of this Order is attached hereto and marked as Exhibit "A". 5. Pursuant to the Order and due to concerns of the mother, this Order provides for primary physical custody with mother and transition father from supervised visitations to unsupervised visitations. ~ .. 6. In addition to complying with the terms of the Order, the parties have been involved with Nancy M. Small, licensed social worker at Franco Psychological Associates. 7. Father has repeatedly requested overnight visitations. On November 9, 2001 Ms. Small issued the attached correspondence indicating that there was no reason why overnight visits with the childrens' father could not occur. Said letter is attached hereto as Exhibit "B". 8. Since the issuance of this letter, Defendant has canceled all appointments with Nancy M. Small and has refused to allow father to exercise overnight custodial periods. 9. In addition, mother has refused to make arrangements for the children to spend substantive custodial time with father during the Christmas holiday. 10. Tbe Defendant has no legitimate basis in which to continue to attempt to block custodial periods oftime with the childrens' father. 11. It is father's wish to have expanded custodial periods of partial custody as well as significant time during the holidays. 12. Due to the fast approaching Christmas holiday, Plaintiff requests an immediate conciliation conference in which to address these issues. WHEREFORE, Plaintiff requests this Honorable Court to modify the current custody arrangement. Respectfully Submitted, REAGE & ADLER, PC Dated: By: a on antor, Esquire Su t. I. . #66378 2331 Market Street Camp Hill, PA 17011 (717)763-1383 2 " ,';-..', I' '~ " ) GARY L. HOOVER, Plaintiff : IN THE COURT OF COMMON : CUMBERLAND COUNTY, P . . vs. : NO. 00-5184 CIVIL TERM : PATRICIA L. HOOVER, Defendant : CIVIL AcrION - LAW IN CUSTODY . . ORDER OF CCURT AND N'JI, this lis} consideration of the attached and directed as follows: day of Custody . "'-"'f; ) IlfAY. 2' 2: ZOll'rl AS OF " -...-'-...........-....- , 2001, upon it is ordered 1. The prior Order of this Court dated December 13, 2000 is vacated and replaced with this Order. 2. The Father, Gary L. Hoover, and the Mother, Patricia L. Hoover, shall have shared legal custody of Galen L. Hoover, born April 7, 1991, and Lora L. Hoover, born February 16, 1993. 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 Mother shall have primary physical custody of the Children. 4. Pending receipt of a written opinion from the Father's therapist, Joseph Martin, recommending initiation of unsupervised periods of custody for the Father, the Father shall continue to have supervised visitation with the Children during alternating weekends on both Saturday, from 10:00 a.m. until 4:00 p.m. and Sunday, from 1:00 p.m. until 5:00 p.m. Unless otherwise agreed between the parties, the Father~s periods of visitation shall be supervised by the Mother. 5. within one week from the date of the Conciliation Conference, the Mother shall contact the Father I s therapist to schedule an appointment in accordance with the recommendations of Arnold Shienvold, PhD. The purpose of the appointment shall be to enable the Mother to inform Mr. Martin of the Mother's position with regard to contact between the Father and the Children. 6. The Father shall sign all necessary authorizations to enable Joseph Martin to release information to the Mother, through counsel if appropriate, concerning the status and progression of the Father's therapy as relevant to the Children and the custody situation generally. 7. 'At such time as the Father I s therapist recommends in writing that it is appropriate for the contacts between the Father and the Children to be unsupervised, the Father shall have partial physical custody of the Children during alternating wE\ekends on Saturdays from 10:00 a.m. 'until EXHIBIT A " " ". ',,' . ,'" . 7:00 p.m., and on Sunday from 12:30 p.m. until 9:00 p.m., and also every Tuesday from 4:00 p.m. until 8:00 p.m. 8. The parties shall select a counselor for the Children by agreement pursuant to Dr. Shienvold 's recommendations, with sessions to be scheduled at least bi'-weekly following the Father's periods of custody. The parties shall ensure that the counseling for the Children is established prior to the first unsupervised period of partial custody. 9. The Mother shall obtain clarification from Dr. Shienvold with regard to his recommendation concerning therapy for the Mother. The Mother shall share information obtained from Dr. Shienvold under this provision with the Father through counsel. 10. Counsel for the parties may contact the Conciliator within four months from the date of this Order to schedule an additional Custody Conciliation Conference, if necessary, to review progress in the establishment of ongoing custody arrangements. 11. This Order is entered pursuant to agreement of the parties at a Custody Conciliation Conference. The parties rray modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Debra Denison Cantor, Esquire - Counsel for Father Marcus A. McKnight, III, Esguire - Counsel for Mother l' ~ " "r '~> ' r"Ql\l' , ,. ., 1 ) GARY L. flOOVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-5184 CIVIL TERM : PATRICIA L. HOOVER, . CIVIL ACTION - LAW . Defendant : IN CUSTODY PRIOO .J1JI)GE: Edgar B. Bayley CUSTODY CCNCILIATIOO SUMMARY REPCRT IN Aco:iIDANCE WITH CUMElERLAND 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 subjects of this litigation is as follows: NAME DATE OF BffiTH CllRRENTLY IN CUSTODY OF Galen L. Hoover Lora L. Hoover April 7, 1991 February 16, 1993 Mother Mother 2. A Conciliation Conference was held on May 9, 2001, with the following individuals in attendance: The Father, Gary L. Hoover, with his counsel, Debra Denison Cantor, Esquire, and the Mother, patricia L. Hoover, with her counsel, Marcus A. MCKnight, III, Esquire. 3. lhe parties agreed to entry of an order in the form as attached. Date ~ /1../, :J-07J1 . /\ ~Ld~ Dawn S. Sunday, Esquire CUstody Conciliator '" - ' ~ . ~ ' Franco Psychological Associates 26 State Avenue Carlisle, PA 17013 (717) 243-1896 Fax (717) 243-5297 www.francopsychological.com Licensed Psychologists Margery Andrews M.Ed. lohn.Paul Cheekett, Ph.D. Kathryn Ellis, Ed.D. Kenneth France, Ph.D. Edward Franeo, Ph.D. Lori 1. Hogg, M.S. Davis C. Traey, Ph.D. Licensed Social Workers Naney M. Small, A.C.S. W., CA.C. Susan MeGraw, A.C.S. W. Joanne Chambers, A.C.S.W. David F. Rutherford, M.S.S. W. Karen Jaskot, A.C..S.W., CAC. Certified Professionals Kay Baleziunas, M,S.N., R.N., C,S. Certified Psyehiatrie MH Nurse Jo Ann Coslett, Ed.D. Certified School Psychologist November 9, 2001 Patricia Hoover 3574 Ritner Highway Newville, PA 17241 Dear Patricia, As you are aware I have seen the children two times since you were last here with them. They continue to seem to be overall well adjusted and happy. They do not express negative feelings or experiences about their time with their father. From the information available to me there does not seem to be a reason for them not to stay overnight at their father's apartment. However, the children express not feeling ready for this yet. If there is a weekend that they express wanting to stay overnight at dad's, please support them in giving this a try. They should not be mandated to stay overnight at this time, but they should not be denied either if this is their wish. I share these recommendations with consideration and respect to your previous concerns. However, there is nothing in what the children express to me that is a safety concern at this time. Please call me if you have any questions. I am scheduled to see them again December 13 at 5:00 p.m. . Sincerely" ~*'i{'<" / ' NancYM. sm~tAcsW, CAC Licensed SOci~1 Worker NMS:tk EXHIBIT 6 ~Jnnn17~ fi . ~~l t.:~~~~~~ _:__~~M~.~~~~~~~~-~--~~~ cc: Gary Hoover V '-. " VERIFICATION I, Gary L. Hoover, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, know ledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. DATE: / J 'hP-OI ~~ .f,tI~ Gary L. Hoover 1i. .' CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, Attorney for Gary L. Hoover, Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Modification by depositing a true and exact copy thereof in the United States mail, Certified, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Dated: );}/IB/VI ) -~"~ ". ~~!J~'\@~,ftli1'W'''lf~~'''~~i~40~i!'P.ii!'-O!JOt;,~~,~;t;jj~IIWiilIil~'-~~~ ..ifILl n .. ileiit1 _i.t1:"n,Jl!d~~W'l!M~1\1~il- .~ "BL f:~ ~ t; D . ..... 8 u Iv ....., J::. .... ~ --- t..J .....!': .. .c;:" ~. - c= ~~~. ~ ~- .' iJjp.r (/J c' C ;,\) (::J . C~.. r' ::,_.J ,~1 "J OJ --..,,' J::- ;_-). -i I ~-i ':iJ -< 8 1~- ' '" .' , -~~ We , ~ ~ GARY L HOOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 00-5184 CIVILACTIONLAW PATRICIA L. HOOVER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 21,2001 is vacated and replaced with this Order. 2. The Father, Gary L Hoover, and the Mother, Patricia L Hoover, shall have shared legal custody of Galen L Hoover, born April 27, 1991 and Lora L Hoover, born February 16, 1993. 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 Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 p.m. through Saturday at 7:00 p.m. and on Sunday from 12:30 p.m. through 9:00 p.m., begiuning Friday, February 1, 2002. In addition, the Father shall have custody of the Children every Tuesday from 4:00 p.m. until 8:00 p.m., beginning January 29,2002. 5. The parties shall continue to obtain counseling for the Children, with sessions to be scheduled as necessary following the Father's weekend periods of custody. The parties shall select a new counselor by agreement and shall cooperate in making the transition from the Children's current counselor, Nancy Small. The parties shall follow the recommendations of the counselor with regard to the duration and frequency of the sessions. The parties shall equally share all costs of counseling which are not covered by insurance. 6. The parties and counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, June 4, 2002, at 10:00 a.m. for the purpose of establishing ongoing custody arrangements. "L;J - - ~. . ,,,,,~ . ,. ~ 7. 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 mutnal consent. In the absence of mutnal consent, the terms of this Order shall control. J. cc~a Denison Cantor, Esquire - Counsel for Father yarcus A. McKnight, ill, Esquire - Counsel for Mother ,). Lrr O/-3()-02 RXs " "~ 'Will! --~ '" ~__."""",.IWil!'iiI!l_~. '. .~, "~-'I .-.~< "" ,,~ '~~ .'~- "' ~!<~._,~...~I ,~ tl(JJ!1~~_w~~J_l__- ;' ~" ~-, ." ,__. u". ~- n c () C "-:' -n <- .~ -0 OJ :6." ,;p mrp ';~- Z:L' '::::-:C' w '-'U~! :!1,.J5;' c:~ ::~~f ~~~ <... C::;c.' -0 :t.~o ::5: ;:.:;!?~ ~t-', f'SJ 6r'n )>c ~ "'"' :;! (.0 ~ . !III .~~I\j,i'H,,~_~.,",~<~ ~~ ~ ....". ~ - - ~ilih ^" ~~ '-i, , f GARY L. HOOVER, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-5184 CIVILACTIONLAW PATRICIA L. HOOVER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Galen L. Hoover Lora L. Hoover April 7, 1991 February 16, 1993 Mother Mother 2. A Conciliation Conference was held on January 24,2002, with the following individuals in attendal1ce: The Father, Gary L. Hoover, with his counsel, Joaune Harrison Clough, Esquire, and the Mother, Patricia L. Hoover, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Ndi.:wA e / Dawn S. Sunday, squire Custody Concil' tor - d. " ~.- "~ ... -U:H".;:L . . , , GARY L. HOOVER, Plaintiff vS. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5184 CIVILACTIONLAW PATRICIA L. HOOVER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ 0 ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 30, 2002 is vacated and replaced with this Order. 2. The Father, Gary L. Hoover, and the Mother, Patricia L. Hoover, shall have shared legal custody of Galen L. Hoover, born April 27, 1991 and Lora L. Hoover, born February 16, 1993. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 4:30 p.m. through Sunday at 8:15 a.m. (when the Mother shall pick up the Children for church) and from Sunday at 1 :00 p.m. (when the Mother shall retnm the Children after church) through 9:00 p.m. In addition, the Father shall have custody of the Children every Tuesday from 4:00 p.m. until 8:00 p.m. The Father's Tuesday evening periods of custody shall be extended until 9:00 p.m. during the summer school break. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Father shall have custody of the Children on Christmas Eve from 10:00 a.m. until 10:00 p.m., the Mother shall have custody from Christmas Eve at 10:00 p.m. through Christmas Day at 12:00 noon, the Father shall have custody from Christmas Day at 12:00 noon through December 30 at ",- ~- ~.""""'=" 12:00 noon and the Mother shall have custody for the remainder of the Christmas school break. In odd numbered years, the Mother shall have custody of the Children from Christmas Eve at 10:00 a.m. through Christmas Day at 12:00 noon, the Father shall have custody from Christmas Day at 12:00 noon through December 30 at 12:00 noon, and the Mother shall have custody of the Children for the remainder of the school break. B. THANKSGIVING: The parties shall alternate having custody of the Children on Thanksgiving Day from 10:00 a.m. until 9:00 p.m., beginning with the Father having custody on Thanksgiving in 2002. C. MEMORIAL DAY/JULY 4THILABOR DAY: The Father shall have custody of the Children every year on Memorial Day from 10:00 a.m. until 9:00 p.m. and the Mother shall have custody of the Children every year on July 4th and Labor Day from 10:00 a.m. until 9:00 p.m. D. MOTHER'S DAYIFATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 8:15 a.m. through 9:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 1:00 p.m. until 9:00 p.m. E. PARENTS' BIRTHDAYS: Each parent shall be entitled to have custody of the Children each year on his or her birthday from 4:00 p.m. until 9:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have custody of the Children for 2 non-consecutive weeks during each summer school break upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to his or her selection of dates under this provision. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend period of custody. 7. In the event a problem arises which either party believes necessitates counseling for the Children and the parties are not able to reach an agreement as to the arrangements for counseling, counsel for either party may contact the Conciliator to schedule a Conference on the sole issue of counseling for the Children. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. --. ."" _.....~"~~ , " ~" -~......,,""-, , .. " 9. 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 mutnal consent. In the absence of mutnal consent, the terms of this Order shall control. BY THE COlJRr: ..-" .." < ~/ / . </ ~',/ Edgar B. Bad1t:' J. / cc: Debra Denison Cantor, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother . .;,. J t..//.o~ ~~- ~ ,. " "m A4_~~ . IJl!I~U ~~ ALE!}{)FRCE OF THE PROTl10NOT,A.RY 02 Jm! I G PM 3: 36 CUM8ERLN~D ()JUNTY PENNSYLV/INIA " 1: :._~ _ _~.-.," _~,_ . ,=,i:;tJ,_"_"lm~...., ~_"":;~~?'''''~'ifj1~,p_<!~*:itll~f!;i!'kW;~W'1fl~i-l\i:I1l!'~", w~ iii. ~ .. ~ .~ Illlc:: " " GARY L. HOOVER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5184 CIVIL ACTION LAW PATRICIAL. HOOVER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Galen L. Hoover Lora L. Hoover April 27, 1991 February 16, 1993 Mother Mother 2. A Conciliation Conference was held on June 4, 2002, with the following individuals in attendance: The Father, Gary L. Hoover, with his counsel, Debra Dennison Cantor, Esquire, and the Mother, Patricia L. Hoover, with her counsel, Marcus A. McKnight, ill, Esquire. 3. The parties agreed to entry of an Order in the form as attached. eJ--u,7\.-L- Cf" :J---r; d--;J--" Date t~L-3'Ad, -~"'? Dawn S. Sunday, Esquire Custody Conciliator