HomeMy WebLinkAbout01-2015 FX
JASON W. HOCKENBERRY
PlaintiffJRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant/Petitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration ofthe
Defendant/Petitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
1. Defendant/Petitioner, Wendy M. Stine, hereinafter referred to as the mother and
PlaintifflRespondent, Jason Hockenberry, hereinafter referred to as the father, shall share legal
custody.
2. The mother shall have primary physical custody.
3. The father shall have partial custody according to the following schedule:
a. Every other weekend from Saturday at II :00 a.m. until Sunday at 1 :00 p.m.
b. From II :00 a.m. to 5:00 p.m. on the alternate Sundays.
c. Two evenings each week from 5:00 p.m. until 8:00 p.m.
d. Other times agreed upon by the parties.
4. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
5. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. ofthe Cumberland County Courthouse, Carlisle,
Pennsylvania.
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This Order shall remain in effect pending further Order of the Court after a hearing.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for Plaintiff/Respondent
28 South Pitt Street
Carlisle, P A 17013
Joan Carey, Attorney for DefendantlPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
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JASON W. HOCKENBERRY
Plaintiffi'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - CUSTODY
WENDY M. STINE
DefendantlPetitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration of the
DefendantIPetitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born AprillO, 2000:
1. The Order of April 11 , 2001 shall remain in effect pending further Order of the Court.
2. Defendant shall submit to a drug screening blood test within 24 hours ofthe entry of
this Order.
3. A hearing regarding Plaintiffs petition for special relief is scheduled for the
day of ,2001, at .m., in Court Room No. of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
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4. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
J. Wesley O1er, Jr., Judge
Galen R. Waltz, Attorney for PlaintifflRespondent
28 South Pitt Street
Carlisle, P A 17013
Joan Carey, Attorney for DefendantlPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
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JASON W. HOCKENBERRY
Plaintiffi'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant/Petitioner
NO. 01-2015CML TERM
ORDER OF COURT
AND NOW, this day ofJune, 2001, upon consideration of the
Defendant/Petitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
1. Defendant/Petitioner, Wendy M. Stine, hereinafter referred to as the mother and
Plaintiff/Respondent, Jason Hockenberry, hereinafter referred to as the father, shall share legal
custody.
2. The mother shall have primary physical custody.
3. The father shall have partial custody according to the following schedule:
a. Every other weekend from Saturday at II :00 a.m. until Sunday at I :00 p.m.
b. From 11:00 a.m. to 5:00 p.m. on the alternate Sundays.
c. Two evenings each week from 5:00 p.m. until 8:00 p.m.
d. Other times agreed upon by the parties.
4. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
5. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
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This Order shall remain in effect pending further Order of the Court after a hearing.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for PlaintifflRespondent
28 South Pitt Street
Carlisle, P A 17013
Joan Carey, Attorney for DefendantlPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
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,JUN 1 82001tP
JASON W. HOCKENBERRY
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant/Petitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration of the
Defendant/Petitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
I. The Order of April II , 200 I shall remain in effect pending further Order of the Court.
2. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
3. A hearing regarding Plaintiff's petition for special relief is scheduled for the
day of ' ,2001, at .m., in Court Room No. of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
4. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for PlaintifflRespondent
28 South Pitt Street
Carlisle, P A 17013
Joan Carey, Attorney for Defendant/Petitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
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JASON W. HOCKENBERRY
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDYM. STINE
DefendantJPetitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day ofJune, 2001, upon consideration of the
DefendantJPetitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
I. DefendantJPetitioner, Wendy M. Stine, hereinafter referred to as the mother and
Plaintiff/Respondent, Jason Hockenberry, hereinafter referred to as the father, shall share legal
custody.
2. The mother shall have primary physical custody.
3. The father shall have partial custody according to the following schedule:
a. Every other weekend from Saturday at II :00 a.m. until Sunday at I :00 p.m.
b. From 11:00 a.m. to 5:00 p.m. on the alternate Sundays.
c. Two evenings each week from 5:00 p.m. until 8:00 p.m.
d. Other times agreed upon by the parties.
4. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
5. A full custody hearing is scheduled for the day of , 200 I,
at .m., in Court Room No. of the Cumberland County Courthouse, Carlisle,
Peunsylvania.
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This Order shall remain in effect pending further Order of the Court after a hearing.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for Plaintiff/Respondent
28 South Pitt Street
Carlisle, PA 17013
Joan Carey, Attorney for DefendantJPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
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JASON W. HOCKENBERRY
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
DefendantJPetitioner
"
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration ofthe
DefendantJPetitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
1. The Order of April 11, 2001 shall remain in effect pending further Order of the Court.
2. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
3. A hearing regarding Plaintiff's petition for special relief is scheduled for the
day of ,2001, at .m., in Court Room No. of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
4. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. ofthe Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
J. Wesley oter, Jr., Judge
Galen R. Waltz, Attorney for Plaintiff/Respondent
28 South Pitt Street
Carlisle, PA 17013
Joan Carey, Attorney for DefendantJPetitioner
Mid-Penn Legal Services,
8 Irvine Row
Carlisle, P A 17013
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JASON W. HOCKENBERRY
Plaintif:flRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant/Petitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration of the
Defendant/Petitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born Aprill0, 2000:
1. Defendant/Petitioner, Wendy M. Stine, hereinafter referred to as the mother and
Plaintifti'Respondent, Jason Hockenberry, hereinafter referred to as the father, shall share legal
custody.
2. The mother shall have primary physical custody.
3. The father shall have partial custody according to the following schedule:
a. Every other weekend from Saturday at 11 :00 a.m. until Sunday at I :00 p.m.
b. From II :00 a.m. to 5 :00 p.m. on the alternate Sundays.
c. Two evenings each week from 5:00 p.m. until 8:00 p.m.
d. Other times agreed upon by the parties.
4. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
5. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. of the Cumberland County Courthouse Carlisle
, ,
Peunsylvania.
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This Order shall remain in effect pending further Order ofthe Court after a hearing.
By the Court,
1. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for Plaintiffi'Respondent
28 South Pitt Street
Carlisle, PA 17013
Joan Carey, Attorney for DefendantlPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
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JASON W. HOCKENBERRY
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
DefcndantlPetitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration of the
DefendantlPetitioner's Petition for Special Relief to stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
1. The Order of April 11, 2001 shall remain in effect pending further Order of the Court.
2. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
3. A hearing regarding Plaintiffs petition for special relief is scheduled for the
day of ,2001, at .m., in Court Room No. of the ,Cumberland
County Courthouse, Carlisle, Pennsylvania.
4. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. ofthe Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for PlaintiffiRespondent
28 South Pitt Street
Carlisle, PA 17013
Joan Carey, Attorney for DefendantlPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
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JUN 1 82001ft7
JASON W. HOCKENBERRY
Plaintiflj~espondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
DefendantIPetitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration
DefendantIPetitioner's Petition for Special ~elief to stay Recommende rder of Conciliator
Pending a Hearing, the following Order is entered regarding Custod ofBiyson Wayne
Hockenberry, born April 1 0, 2000:
1. DefendantlPetitioner, Wendy M. Stine, hereinafte referred to as the mother and
PlaintifflRespondent, Jason Hockenberry, hereinafter reD ed to as the father, shall share legal
custody.
2. The mother shall have primary physica custody.
3. The father shall have partial custo according to the following schedule:
a. Every other weekend om Saturday at 11 :00 a.m. until Sunday at 1 :00 p.m.
5:00 p.m. on the alternate Sundays.
c. Two evenin each week from 5:00 p.m. until 8:00 p.m.
s agreed upon by the parties.
4. Defendant s all submit to a drug screening blood test within 24 hours of the entry of
this Order.
5. A ful ustody hearing is scheduled for the day of ,2001,
., in Court ~oom No. of the Cumberland County Courthouse, Carlisle,
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This Order shall remain in effect pending further Order of the Court after a hearing.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for Plaintiffi'Respondent
28 South Pitt Street
Carlisle, P A 17013
Joan Carey, Attorney for DefendantlPetitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
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JASON W. HOCKENBERRY
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant/Petitioner
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2001, upon consideration of the
Defendant/Petitioner's Petition for Special Reliefto stay Recommended Order of Conciliator
Pending a Hearing, the following Order is entered regarding Custody of Bryson Wayne
Hockenberry, born April 10, 2000:
I. The Order of April II , 200 I shall remain in effect pending further Order of the Court.
2. Defendant shall submit to a drug screening blood test within 24 hours of the entry of
this Order.
3. A hearing regarding Plaintiff's petition for special relief is scheduled for the
day of ,2001, at .m., in Court Room No. of the Cumberland
County Courthouse, Carlisle, Pennsylvania;
4. A full custody hearing is scheduled for the day of ,2001,
at .m., in Court Room No. of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
J. Wesley Oler, Jr., Judge
Galen R. Waltz, Attorney for Plaintiff/Respondent
28 South Pitt Street
Carlisle, P A 17013
Joan Carey, Attorney for Defendant/Petitioner
Mid-Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
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: IN THE COURT OF COMMON P S
: CUMBERLAND COUNTY, PENN YLVANIA
: NO. 01- .;?O/S'-- CIVIL TERM
: CIVIL ACTION - CUSTODY
JASON W. HOCKENBERRY,
Plaintiff
WENDY M. STINE,
Defendant
ORDER
AND NOW this day of , 2001 after eviewing
the allegations contained within the Petition for Emergency Relief, it is here ordered
that the Defendant, Wendy M. Stine, shall produce the minor child, Bryson ayne
Hockenberry for the father, Jason W. Hockenberry, on April 8, 2001 at 8:00 .m. the
Plaintiff shall return minor, Bryson Wayne Hockenberry, to mother April 8, 2 01 at or
about 8:00 P.M.
BY THE COURT,
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JASON W. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- ;:o;..{ CIVIL TERM
: CIVIL ACTION - CUSTODy....
v.
WENDY M. STINE,
Defendant
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration
of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before , Esq., the Conciliator, at
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. Failure to appear at the Conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas d Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please C(,ntact our office. All arrangements must be made at
least 72 hours prior to any hearing i)r business before the Court. You must attend the
scheduled conference or hearing.
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.
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PA Lawyer Referral Service
Pennsylvania Bar Association
100 South Street
P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375
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JASON W. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- 020/1}' CIVIL TERM
: CIVIL ACTION - CUSTODY
v.
WENDY M. STINE,
Defendant
COMPLAINT FOR CUSTODY
1. Plaintiff is Jason W. Hockenberry, an adult individual whose residence is
at 401 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is Wendy M. Stine, an adult individual whose residence is at 2
Strohm Road, Shippensburg, Cumberland County, Pennsylvania.
3. Plaintiff seeks custody of his child Bryson Wayne Hockenberry, born April
10, 2000, currently residing at 2 Strohm Road, Shippensburg, Cumberland County,
Pennsylvania.
4. The child is presently in the custody of Defendant.
5. Since the child's birth, the child has resided at the following addresses:
Name Address Dates
Wendy M. Stine
April 10, 2000 -
Current
2 Strohm Road
Shippensburg, PA 17257
6. The relationship of the Plaintiff to the child is that of natural father.
7. The relationship of the Defendant to the child is that of natural mother.
8. Neither party has been married nor is married.
9. The Plaintiff has not participated as a party or in any other capacity, in
other litigation concerning the custody of the child in this or any other Court.
10. Since on or about November 24, 2000 and except for an isolated and
restricted 1 hour March 10, 2001 visit, the Plaintiff has been repeatedly denied visitation
and/or custody of his son, Bryson Wayne Hockenberry.
11. Defendant has established a pattern of promising the minor child to his
father and withdrawing the visitation at the last minute at great mental and emotional
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expense to both child and father; in fact, defendant uses the child as leverage against
the plaintiff.
12. Defendant advised Plaintiff that he could have visitation with his son on
Christmas Eve between the hours of 3:30 P.M. and 6:30 P.M.; subsequent to the first
conversation setting the time of visitation, the Defendant contacted the Plaintiff a
second time restricting the visitation from 3:30 P.M. to 5:30 P.M.; the Defendant failed
to provide the minor child, Bryson Wayne Hockenberry, to the Plaintiff for his scheduled
Christmas Eve visitation.
13. On March 23, 2001 during telephone contact initiated by defendant to
Angie Ocker, plaintiff's girlfriend's residence, defendant advised Ms. Ocker" . . . she
[defendant] was in control and Jason would not be getting Bryson for [plaintiff's]sister's
wedding [scheduled for Saturday, March 31, 2001]" or words to that effect. [Exhibit 1,
attached and incorporated herein].
14. On or about March 30, 2001, via attorney and paternal grandfather
intervention, the defendant agreed that the minor child would be provided to paternal
grandfather at 9:00 a.m. Saturday, March 31, 2001 and minor child would be returned to
defendant on or about 5:00 or 6:00p.m., Saturday, March 31, 2001 by the paternal
grandfather.
15. In preparation for the visitation and the minor child's attendance at the
wedding, plaintiff purchased clothes and other necessaries for the child.
16. On or about Friday, March 30, 2001 at 5:20p.m., defendant telephoned
Ms. Ocker's residence and advised Ms. Ocker, after discussion, "If it was going to be
like this, maybe Jason won't see Bryson Saturday" or words to that effect.
17. Immediately following the 5:20p.m. March 30, 2001 telephone contact to
Ms. Ocker, Defendant attempted to contact plaintiff a second time at Ms. Ocker's
residence followed by a third attempt by the defendant's mother who after identifying
herself to Ms. Ocker called Ms. Ocker a "Fuckin Bitch" or words to that effect.
18. None of the telephone contacts to the Ocker residence involved
emergency minor child information.
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19. On two occasions, March 23, 2001 and March 30, 2001, repeated,
obscene and harassing telephone calls initiated by Wendy, Kendra and Mrs. Stine to
Ms. Ocker's residence were reported to the Franklin County State Police.
20. Ms. Ocker has a minor daughter residing with her and the minor daughter
intercepted one of the harassing telephone calls placed by defendant.
21. Plaintiff has made numerous requests from defendant for a visitation with
his son on Sunday, April 8, 2001 from 8:00 a.m. until 8:00 p.m. and as of this filing date,
no response from defendant has occurred; it is expected that consistent with the father's
previously denied advanced requests for visitation that this request will ultimately result
in a non-visitation.
22. It is believed and therefore averred that the defendant is alcohol and/or
drug dependent.
23. The best interest and permanent welfare of the child will be served by
granting the relief requested because prior to plainitffs November separation from
defendant, the Plaintiff was primarily responsible for providing the child with food,
clothing, furnishing, love, care and other nurturing qualities.
24. 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. No other persons are known to have or claim to have any right to custody or
visitation of the child other than the parties to this action.
WHEREFORE, Plaintiff requests your Honorable Court grant sole legal and
physical custody of the minor child, Bryson Wayne Hockenberry, to the father, Jason W.
Hockenberry, the Plaintiff herein.
Respectfully Submitted
TURO LAW OFFICES
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Date
en R. Waltz
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements made herein are subject to the penalties
of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
Q-2-t'J/
Date
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,Jason W. Hockenbe
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Turo Law Offices
www.TuroLaw.com
28 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 245-9688
(800) 562-9778
Fax (717) 245-2165
RON TURO, Esquire
ROBERT J. MULDERIG, Esquire
DAVID A. GREENE, Esquire
GALEN R. WALTZ, Esquire
March 28, 2001
Paula Burkett Sent by facsimile 243-8026
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
Re: Stine v. Hockenberry
Dear Ms. Burkett:
Apparently on Friday, March 23, 2001, Wendy and/or Kendra telephoned Jason
Hockenberry's girlfriend's house two (2) times. In each instance the girlfriend would not
provide the telephone to Jason since the telephone calls did not directly involve Bryson
or Bryson's welfare. The callers, Wendy or Kendra, were advised not to place calls at
the residence which they were calling. The Franklin County State Police were
contacted and a record has been established.
Unfortunately, during the course of one of those two telephone calls, Wendy
advised Angie (Jason's girlfriend) that "she [Wendy] was in control and Jason would not
be getting Bryson for his sister's wedding scheduled for Saturday, March 31, 2001" or
words to the effect.
I am writing this letter solely to ask you to intervene with your client and secure a
commitment from Wendy permitting Bryson to visit with his father from 8:00 A.M.
Saturday, March 31, 2001 to 8:00 P.M. Saturday, March 31, 2001. Jason's sister is
being married in McConnellsburg Church and the wedding is at 11 :00 A.M. Jason has
already purchased clothing and an outfit for Bryson's expected attendance at the
wedding.
Please advise me before 5:00 P.M. Thursday, March 29, 2001, whether Jason
can have Bryson this weekend for the Saturday wedding. It is my intention to file the
necessary emergency papers to secure Wendy's attention in this matter if she is
unwilling to allow Bryson to be with his father, aunt and paternal family members for
Saturday's wedding celebration.
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In addition, we previously requested to have Bryson April 8, 2001. Please advise
the willingness of your client to allow Bryson to be with Jason from 8:00 A.M. to 8:00
P.M. April 8, 2001 in order that Jason can use the day to celebrate Bryson's upcoming
birthday as well as to take Bryson to an Easter egg hunt.
Jason is willing to retrieve Bryson from Wendy's residence at 8:00 A.M. as well
as to return Bryson at 8:00 P.M. times.
In the event Wendy agrees to amicably allow Bryson to attend these events,
please have Wendy provide the necessary formula, food, milk, medicine, whatever
Bryson needs so that Jason can see that the child is properly attended to with the food
and drinks that he has come accustomed to.
It was hoped that these matters could be handled in a mature adult fashion.
Since time is of the essence, please advise me to the wishes of your client before
5:00 P.M. Thursday, March 29, 2001.
Sincerely Yours,
GALEN R. WALTZ, ESQUIRE
GWaltz@TuroLaw.com
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CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Complaint for Custody
upon Joan Carey, Esquire, by dMsiting same in th~ United States Mail, first class,
postage pre-paid on the $ day of ~{Yl11 , 2001, from Carlisle,
Pennsylvania, addressed as follows:
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Road
Carlisle, PA 17013
TURO LAW OFFICES
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Carlisle, PA 17013
(717) 245-9688
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JASON W. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. 01-A ()}s-' CIVIL TERM
v.
WENDY M. STINE,
Defendant
: CIVIL ACTION - CUSTODY
EMERGENCY PETITION FOR RELIEF
1. A Complaint for Custody was filed in this matter on April 6, 2001.
2. Plaintiff is Jason Wayne Hockenberry an adult who resides at 401
Baltimore Road, Shippensburg, Cumberland County, Pennsylvania.
3. Defendant is Wendy M. Stine, an adult individual whose residence is at 2
Strohm Road, Shippensburg, Cumberland County, Pennsylvania.
4. Prior to Christmas the Plaintiff requested to see his son and was promised
by the Defendant that he could have a visitation during Christmas.
5. Defendant failed and refused to produce the minor child for the Christmas
visitation.
6. An agreement was recently reached between the Plaintiff and Defendant
to provide the minor child during March 31, 2001 from 9:00 a.m. until 5:00 p.m.
7. March 31, 2001 was the Plaintiffs sister's wedding and the Plaintiff had
purchased clothing and necessaries for the minor child to attend the wedding.
8. On March 30, 2001 at or around 5:00 p.m. the Defendant advised the
Plaintiffs girlfriend that the Plaintiff may not be seeing his son on March 31, 2001.
9. On or around 7:00 a.m., March 31, 2001, the Defendant advised Plaintiffs
father that the minor child was ill and therefore would not be produced for the visitation.
10. The Plaintiff contacted the minor child's physician and it is believed and
therefore averred that there were no appointments for the minor child on March 31,
2001.
11. Defendant has been using the minor child as a form of leverage with the
father and father's family.
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12. The father previously requested to have his son April 8, 2001 for the
purposes of taking him to an Easter egg hunt and celebrating the minor child's birthday.
13. It is believed and therefore averred that the father will be deniedlrefused
visitation with his son on April 8, 2001.
Wherefore, Plaintiff respectfully requests this honorable court to enter an
order requiring the Defendant to produce the minor child to the Plaintiff at 8:00 a.m.
April 8, 2001 and that the Plaintiff shall return the minor child to the Defendant at 8:00
p.m. on April 8, 2001.
Respectfully Submitted
TURO LAW OFFICES
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28 South Pitt treet
Carlisle, PA 17013
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Attorney for Plaintiff
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I hereby certify that I served a true and correct copy of the Petition for Relief
upon Joan Carey, Esquire, by depositing same in the United States Mail, first class,
postage pre-paid on the J Ii day of ;4~yo.' J ,2001, from Carlisle,
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Pennsylvania, addressed as follows:
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
TURO LAW OFFICES
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:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO.01-2015 CIVIL TERM
WENDY M. STINE,
Defendant
:CUSTODY
Pre-Hearing Memorandum of Defendant
1. History and Issues:
Wendy Stine (hereinafter mother) is the mother of Bryson Wayne Hockenberry born
April 10, 2000. On March 22,2601 this Court entered a Protection From Abuse Order docketed
at No. 2001-709, which in pertinent part, granted mother primary physical custody. On Aprilll,
2001 by agreement of the parties, the Court entered an Order granting primary physical custody
of the child to Wendy Stine and partial custody to Jason Hockenberry (hereinafter father), the
father of the child. A Conciliation Conference before Attorney Jacqueline Verney, Custody
Conciliator, was held June 13,2001. Upon recommendation of the conciliator, the Court
vacated the April 11, 2001, Custody Order, and an Order was entered on June 18,2001 which
granted shared physical custody to the mother and father. The mother filed a Petition for Special
Relief to Stay the Recommended Order of the Conciliator Pending a Hearing. The Court denied
the stay without prejudice and endeavored to schedule an expedited hearing. See Exhibit A.
attached and incorporated by reference.
The mother feels that it is in the best interest of the child for him to be returned to her
custody subject to periods of partial custody in the father. Under the facts of the case including,
but not limited to, those in the mother's Special Relief Petition, shared custody is not
appropriate.
II Witnesses
This list includes, but is not limited to, the following witnesses:
1. Wendy Stine
The defendant, who is the mother of the child, is to testify about her relationship with her
child and why she believes it is in the best interest of the child to remain in her custody
primarily. She will also testify as to the father's parenting skills and behavior she
believes adversely affects the child..
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2. Theresa Stine
This witness is Wendy's mother. She can testify as to the relationship of the mother and
father to the child and their parenting, including behavior by the father which has
adversely affected the child. She can also testify as to child's relationship with the
grandparents.
3. Kendra Stine
This witness is Wendy's sister. She can testify as to the relationship of mother and father
to the child and their parenting, including behavior by the father which has adversely
affected the child.
4. Theresa Cook
Theresa is Jason Hockenberry's ex-girlfriend. She will testify as to behavior of the father
which may adversely impact the child.
5. Connie Wright
Connie is Wendy's aunt. She will testify as to Wendy's parenting and the father's
behavior which has adversely affected the child. She will also testify as to the child's
socialization with her child and other relatives.
6. Patricia Barklow
Patricia is Kendra's friend. She will testify as to behavior by the father which has
adversely affected the child..
Defendant reserves the right to call additional witnesses as rebuttal witnesses.
aVl '. Lopez and Joan Care
Attorneys for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
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PlaintifflRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant/Petitioner
NO. 01-2015 CIVIL TERM
~J):J'I,TION FOR SPECIAL RELIEF TO STAYRECOMMENDED ORDER
OF CONCILIATOR PENDING A HEARING
Defendant/Petitioner, Wendy Stine, by and through her counsel, Joan Carey and David
Lopez of MidPenn Legal Services, states the following:
1. Defendant/Petitioner, Wendy Stine, hereinafter referred to as the mother, currently
resides at 2 Strohm Road, Shippensburg, Cumberland County, Pennsylvania, 17257.
2. PlaintifflRespondent, Jason W. Hockenberry, hereinafter referred to as the father,
currently resides at 401 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania.
3. The mother and father are the natural parents of Bryson Wayne Hockenberry,
born April 10, 2000.
4. The Plaintiff filed a Complaint for Custody and a Conciliation Conference was
held on June 13,2001, before Jacqueline M. Verney, Esquire.
5. At the conclusion of the Conciliation Conference, the mother and father had not
mutually agreed to modify the Order of April 11 , 2001. However, the Conciliator told the
mother and father that she was recommending an brder for shared legal and physical custody of
the minor child on a week/on, week/off arrangement. The Conciliator advised the mother and the
father that the schedule would commence on Sunday, June 17, 2001.
6. The Mother requests that the Conciliator's recommended Order be stayed pending
a hearing for reasons including, but not limited to, the following:
a) An incident in November, 2000, involved the minor child when he
was just seven months old in which the father forcefully shoved the child
to the floor causing the mother to fear for the child's safety.
b) On March 22,2001, a Protection from Abuse Order was entered by
the Court by an agreement of the parties. The PF A granted the mother
primary physical custody of the child with no provision for visitation to
the father who had been granted supervised visits under the Temporary
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Order (a copy of the Protection from Abuse Pe~tion and Final Order ~s .
attached hereto, incorporated by reference herem, and marked as Exhibit
A).
c) On April 11, 2001, upon consideration of the plaintiffs Emergency
Relief Petition and pursuant to an agreement reached between the mother
and father, this Court entered an Order granting the mother primary
physical custody and the father partial physical custody gradually
extending the time father spent with the child from limited daytime .
periods to alternate weekends from Saturday at 8:00 am. to Sunday at
8:00 p.m. (a copy of the April 11, 2001 Order is attached hereto,
incorporated by reference herein, and marked as Exhibit B).
d) During the June 13;2001 Conciliation Conference, the mother
proposed a custody schedule further extending the father's periods of
partial custody to include an additional four hours each week and six
additional hours on the Sunday the father did not have custody. The father
indicated that he would accept nothing less than, equally shared custody.
e) When the Conciliator recommended shared l~gal and physical
custody, the mother was adamantly opposed to tjlls arrangement and
requested that the current Order reniain'in effect peniling a hearing. )l1 the
alternative, the mother offered extended partial custody tiine to the father
pending the hearing. Again, father refused to accept anything less than
equally shared custody.
7. It is in the child's best interest to maintain the April 11, 2001, Order which grants
the mother primary physical custody pending a hearing for reasous including, but not limited to,
the following:
a) The mother has been the primary care-giver for the child since birth.
b) Since his birth, the father has only had the child for two overnight
visits scheduled for the father, and the father was not with the child for one
of those scheduled Qvernights. The father's periods of partial custody have
only been exercised with the paternal grandmother or girlfriend present.
The father has not cared for the child for a significant period alone.
c) The child is lactose intolerant, which requires special care which the
father refuses to provide. In fact, he gives the child milk in spite of the
documents recommending not to.
d) The father has only been with the child for one overnight visit and the
mother fears that the father will not be able to care for the child for a full
week.
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e) During the father's limited periods of partial custody with the child,
he has bad him in several different locations and he has not established a
stable environment.
f) The mother and father agreed to be screened for drugs by a blood test
to be administered to both parties the day of the Conciliation Conference.
The mother complied with the conciliator. The father has not submitted
himself for drug testing, and the ml?ther feels that the Court should at least
wait until the results are. verified.
g) Because of the father's work schedule, he is out of Pennsylvania from
Sunday until Friday every week and he is currently not available to care for
the child during the week.
h) The father does not communicate with the mother regarding the
child; therefore, shared custody is not appropriate in this case before
modifying the existing Order.
i) The mother questions whether the father's insistence on equally
shared custody is to benefit the child or to benefit him financially since he
is currently over $700 in arrears on his child support.
8. Petitioner's attorneys contacted Respondent's attorney, Galen Waltz, to obtain a
statement of concurrence, and he does not concur with the granting of the relief
requested.
WHEREFORE, Defendant/Petitioner requests that the Court grant the following:
a) Refrain from signing the Conciliator's recommended Order, and continue the.
Order of April II, 200 I pending further Order of Court and schedule an expedited
hearing on the narrow issue of whether joint custody is appropriate in this case
pending a full custody hearing, or
b) If the Conciliator's recommended Order has been signed, vacate the Order and
schedule an expedited hearing on the narrow issue of whether joint custody is
appropriate in this case pending a full custody hearing.
c) In the alternative, enter an interim Order pending further Order, after a full
custody hearing, which is consistent with the mother's proposal for extended
periods of partial custody.
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Respectfully submitted,
o Carey and David Lo z
Attorneys for Defendan etitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
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VERIFICATION
The above-named Defendant/Petitioner, Wendy M. Stine, verifies that the statements
made in the above Petition to Stay Recommended Order of Conciliator Pending a Hearing are
true and correct. Defendant/Petitioner understands that false statements herein are made subject
to the penalties of 18 Pa. C.S. !i4904, relating to unsworn falsification to authorities.
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JASON W. HOC~~ERRY,
PlamtItt
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WENDY M. STINE,
Defendant
: NO. 2001-2015 CIVIL TERM
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S COMPLAINT FOR CUSTODY
BEFORE OLER. J.
ORDER OF COURT
AND NOW, this 1 ~ day of AUGUST, 2001, upon consideration of
Plaintiff s complaint for custody with respect to the parties' child, Bryson Wayne
Hockenberry (d.o.b. April 1 0, 2000) (hereafter, the child), and following a hearing held
on August 6, 2001, it is ordered and directed as follows:
1. Legal custody of the child shall be shared by the parties.
2. Primary physical custody of the child shall be in Defendant, the mother.
3. Temporary or partial physical custody of the child shall be in Plaintiff, the
father, at the following times:
a. On alternating weekends, from Friday at 7:00 p.m, until Sunday at
7:00 p.m.
b. On Thanksgiving Day from 2:00 p.m. until the following Sunday at
7:00 p.m.
c. During June, July and August, for the first full week of each month
commencing on Sunday at 7:00 p.m. until the following Sunday at
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7:00 p.m. (These week-long periods shall be in addition to Defendant's
periods of custody on alternating weekends.) Provided, that for the
month of August, 2001, Plaintiffs one-week period shall be from
August 19, 2001, until August 26,2001.
4. Notwithstanding the foregoing, Defendant shall have custody of the child on
Christmas Day until 2:00 p.m., and Plaintiff shall have custody ofthe child
from 2:00 p.m. on Christmas Day until 7:00 p.m. on January 30, 2001.
5. Transportation for exchanges of custody shall be the responsibility of the
party receiving custody.
6. Nothing herein is intended to preclude the parties from deviating from the
terms of this order by mutual agreement.
7. All prior custody orders are vacated.
By the Court,
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, Pa. 17013
For the Plaintiff
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Mid-Penn Legal Services, Inc.
8 Irvine Row
Carlisle, Pa. 17013
For the Defendant
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JASON W. HOCKENBERRY
PLAINTIFF
V.
WENDY M. STINE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2015 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, May 15, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 01, 2001 at 1:30 P.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 defme 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
Jacqueline M. VernlO'. Esq.iJtl
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. IFYOUDONOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
WENDY M. STINE,
Defendant
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this 6th day of April, 2001, upon consideration of Plaintiffs
Emergency Petition for Relief, a hearing is scheduled for Wednesday, April 11, 2000, at
11:15 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Galen R. Waltz, Esq.. &J.!'DO.., .
28 South Pitt Street - rei ~
Carlisle, PA 17013
Attorney for Plaintiff
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Joan Carey, Esq. - ./lAd. ~ ~
Mid-Penn Legal Serv{ceS, '1llc.
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of April, 2001, upon
consideration of Plaintiff's Emergency Petition for Relief and
pursuant to an agreement reached between and among the parties and
their counsel in open court, with respect to custody of the
parties' child, Bryson Wayne Hockenberry (date of birth April 10,
2000), it is ordered and directed as follows:
The mother will have primary physical custody of the
child. The father will have partial custody of the child
according to the following schedule: Each Sunday beginning Easter
Sunday from 10:00 a.m to 5:00 p.m.; beginning the weekend of May
20th, from Saturday at 11:00 a.mto Sunday at 11:00 a.m. on
alternate weekends for two weekends; and then the alternate
weekends continue from Saturday at 8:00 a.m. until Sunday at 8:00
p.m.; and other times agreed upon if the agreement is made in
writing between the parties.
The parties will share transportation to facilitate
the exchange of custody with the party receiving custody picking
the child up at the other party's residence.
This temporary order shall remain in effect pending
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the custody conciliation conference and further order of the
Court.
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28 South pitt Street
Carlisle, PA 17013
For the Plaintiff
Joan Carey, Esquire
Mid-Penn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
For the Defendant
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JASON W. HOCKENBERRY
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
WENDYM. STINE
DefendantJPetitioner
NO. 01-2015 CIVIL TERM
PETITION FOR SPECIAL RELIEF TO STAY RECOMMENDED ORDER
OF CONCILIATOR PENDING A HEARING
DefendantJPetitioner, Wendy Stine, by and through her counsel, Joan Carey and David
Lopez of MidPenn Legal Services, states the following:
1. DefendantJPetitioner, Wendy Stine, hereinafter referred to as the mother, currently
resides at 2 Strohm Road, Shippensburg, Cumberland County, Pennsylvania, 17257.
2. Plaintiff/Respondent, Jason W. Hockenberry, hereinafter referred to as the father,
currently resides at 401 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania.
3. The mother and father are the natural parents of Bryson Wayne Hockenberry,
born April 10, 2000.
4. The Plaintiff filed a Complaint for Custody and a Conciliation Conference was
held on June 13,2001, before Jacqueline M. Verney, Esquire.
5. At the conclusion of the Conciliation Conference, the mother and father had not
mutually agreed to modify the Order of April 11, 2001. However, the Conciliator told the
mother and father that she was recommending an Order for shared legal and physical custody of
the minor child on a week/on, week/off arrangement. The Conciliator advised the mother and the
father that the schedule would commence on Sunday, June 17,2001.
6. The Mother requests that the Conciliator's recommended Order be stayed pending
a hearing for reasons including, but not limited to, the following:
a) An incident in November, 2000, involved the minor child when he
was just seven months old in which the father forcefully shoved the child
to the floor causing the mother to fear for the child's safety.
b) On March 22, 200 I, a Protection from Abuse Order was entered by
the Court by an agreement ofthe parties. The PF A granted the mother
primary physical custody of the child with no provision for visitation to
the father who had been granted supervised visits under the Temporary
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Order (a copy of the Protection from Abuse Petition and Final Order is
attached hereto, incorporated by reference herein, and marked as Exhibit
A).
c) On April!!, 200!, upon consideration of the plaintiff's Emergency
Relief Petition and pursuant to an agreement reached between the mother
and father, this Court entered an Order granting the mother primary
physical custody and the father partial physical custody gradually
extending the time father spent with the child from limited daytime
periods to alternate weekends from Saturday at 8:00 a.m. to Sunday at
8:00 p.m. (a copy of the April 11, 2001 Order is attached hereto,
incorporated by reference herein, and marked as Exhibit B).
d) During the June 13,2001 Conciliation Conference, the mother
proposed a custody schedule further extending the father's periods of
partial custody to include an additional four hours each week and six
additional hours on the Sunday the father did not have custody. The father
indicated that he would accept nothing less than equally shared custody.
e) When the Conciliator recommended shared legal and physical
custody, the mother was adamantly opposed to this arrimgement and
requested that the current Order remain in effect pending a hearing. In the
alternative, the mother offered extended partial custody time to the father
pending the hearing. Again, father refused to accept anything less than
equally shared custody.
7. It is in the child's best interest to maintain the April 11, 2001, Order which grants
the mother primary physical custody pending a hearing for reasons including, but not limited to,
the following:
a) The mother has been the primary care-giver for the child since birth.
b) Since his birth, the father has only had the child for two overnight
visits scheduled for the father, and the father was not with the child for one
of those scheduled overnights. The father's periods of partial custody have
only been exercised with the paternal grandmother or girlfriend present.
The father has not cared for the child for a significant period alone.
c) The child is lactose intolerant, which requires special care which the
father refuses to provide. In fact, he gives the child milk in spite of the
documents recommending not to.
d) The father has only been with the child for one overnight visit and the
mother fears that the father will not be able to care for the child for a full
week.
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e) During the father's limited periods of partial custody with the child,
he has had him in several different locations and he has not established a
stable environment.
f) The mother and father agreed to be screened for drugs by a blood test
to be administered to both parties the day of the Conciliation Conference.
The mother complied with the conciliator. The father has not submitted
himself for drug testing, and the mother feels that the Court should at least
wait until the results are verified.
g) Because of the father's work schedule, he is out of Pennsylvania from
Sunday until Friday every week and he is currently not available to care for
the child during the week.
h) The father does not communicate with the mother regarding the
child; therefore, shared custody is not appropriate in this case before
modifying the existing Order.
i) The mother questions whether the father's insistence on equally
shared custody is to benefit the child or to benefit him fmancially since he
is currently over $700 in arrears on his child support.
8. Petitioner's attorneys contacted Respondent's attorney, Galen Waltz, to obtain a
statement of concurrence, and he does not concur with the granting of the relief
requested.
WHEREFORE, Defendant/Petitioner requests that the Court grant the following:
a) Refrain from signing the Conciliator's recommended Order, and continue the
Order of April II , 200 I pending further Order of Court and schedule an expedited
hearing on the narrow issue of whether joint custody is appropriate in this case
pending a full custody hearing, or
b) If the Conciliator's recommended Order has been signed, vacate the Order and
schedule an expedited hearing on the narrow issue of whether joint custody is
appropriate in this case pending a full custody hearing.
c) In the alternative, enter an interim Order pending further Order, after a full
custody hearing, which is consistent with the mother's proposal for extended
periods of partial custody.
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d) Any additional relief this Court deems just and proper.
Respectfully submitted,
L~
{folk Carey and David pez
Attorneys for DefendantJPetitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
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VERIFICATION
The abovecnamed DefendantlPetitioner, Wendy M. Stine, verifies that the statements
made in the above Petition to Stay Recommended Order of Conciliator Pending a Hearing are
true and correct. DefendantlPetitioner understands that false statements herein are made subject
to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
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Wendy M. Stine,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
Jason Wayne Hockenberry,
Defendant
: No. 01-709
: CML ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
.
FINAL ORDER OF COURT.
Defendant's Name is: Jason Wayne Hockenberry
Defendailt's Date of Birth is: July 27,1978
Name(s) of Ail protected persons, including Plaintiff and minor children:
1. Wendy M. Stine
J.i). n cI
AND NOW, 1:his.J,6drDay of March, 2001 the court having jurisdiction
over the parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Upon agreement of the parties for the entry of a consent order, this order
will be entered without any admission of liability by the defendant and
without a finding of abuse by this court:
Plaintiff's request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
2. Custody of the following minor children:
1. Bryson Wayne Hockenberry
shall be as follows:
· Custody of the minor child, Bryson Wayne
Hockenberry, shall be as follows: temporary
EXHIBIT
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primary physical custody of the minor child is
awarded to Plaintiff, Wendy Stine, pending a
subsequent determination involving custody.
3. The following additional relief is granted as authorized by 96108 of the
Act:
Defendant shall not damage or destroy any property owned by .
Plaintiff.
Defendant shall not harass Plaintiff's relatives.
The court costs and fees are waived.
4. A certified copy of this Order shall be provided to the police .
department where Plaintiff resides and any other agency spec~fied
hereafter:
Mid Cumberland Valley Regional Police Department
Middlesex Police Department
5. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
2. ANY PRIOR ORDER RELATING TO CHILD
CUSTODY
6. All provisions of this order shall expire on: February 5, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST
ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH
IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL
SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. 96114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES
CODE.
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TillS ORDERIS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES
AND THE COMMONwEALTH OF PUERTO RICO UNDER THE
VIOLENCE AGAINST WOl\1EN ACT, 18 U.S.C. ~2265. IF YOU
TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226l-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE
ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION
AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiff's residence OR any
location where a violation of this order occurs OR where the defendant
may be located, shall enforce this order. An arrest for violation of
Paragraphs 1 through 2 of this order may be without warrant, based soley
on probable cause, whether or not the violation is committed in the
presence of the police. 23 Pa.C.S. ~6l13.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during
prior incidents of abuse. The Cumberland County Sheriff shall maintain
possession of the weapons until further order oftms Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before
whom defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR
the plaintiff. Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of the
hear',ng.
Date
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If entered pursuant to the consent of Plaintiff and Defendant:
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Wendy Stin r Plaintiff '
CareYr Attor
idPenn Legal Ser
8 Irvine Row
Carlisler PA 17013
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PFAD Number: JT1l89192E
Wendy M. Stine,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYL V ANlA
v.
Jason Wayne Hockenberry,
Defendant
: No.
: CML ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
Wendy M. Stine
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s),.inc1uding minor children, who s\lek protection from abuse.
a. Wendy M. Stine
4. Plaintiff's Address is : 2 Strohm Rd. , Shippensburg, P A 17257
5. Defendant's Name is:
Jason Wayne Hockenberry
6. Defendant is believed to live at the following address:
401 Baltimore Rd. , Shippensburg, P A 17257
7. Defendant's Date of Birth is:
July 27, 1978
8. Defendant's Place of employment is:
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Newburg Steel Erectors
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexualfintimate partner
11. The Plaintiff and the Defendant beeuinvolved in the following court actions:
a. Support
12. Other details of the court action are:
Cumberland County
13. The defendant has been involved in a criminal court action.
14. Plaintiff and Defendant are the parents of the following minor childJren:
a. Bryson Wayne Hockenberry
Age:9 mos.
Child's address is: 2 Strohm Rd. , Shippensburg, P A 17257
15. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. Bryson Wayne Hockenberry
For the past 5 years, this child has lived with:
Plaintiff, Defendant, 2 Strohm Rd., 4/10/2000 to present
Maternal grandparents, Shippensburg, P A
and Aunt
Defendant left the residence November 24, 2000.
16. The facts of the most recent incident of abuse are as follows:
On or about November 24, 2000, Defendant followed Plaintiff to her car, threatened to kill
her, and punched her in the back of the head. Plaintiff sought medical attention at the
Chambersburg HospitaL Plaintiff suffered a concussion and headache as a result of the
abuse. Defendant was arrested and charged with simple assault, disorderly conduct,
harassment, and fighting.
17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
childJren, (including any threats, injuries, or incidents of stalking) are as follows:
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In or about November 2000, Defendant grabbed the then seven month old child forcefully
shoving him on to the floor, pushing and pulling him, causing Plaintiff to fear for the
child's safety.
In or .about October 2000, Defendant grabbed Plaintiff by the hair and shoved her head
into the car window while she was driving. Plaintiff suffered a headache and bump on her
head due to the incident of abuse.
On or about August 27, 2000, Defendant grabbed Plaintiff by her hair and screamed vile
names at her. When Plaintiff walked away, Defendant followed her, kicked her in the back
causing her to fall forward, and choked her until she gasped for air. When a neighbor
called police, Defendant fled the area. Plaintiff suffered red marks and bruising on her
throat.
On or about January 1 2000, Defendant punched Plaintiff in the eye with his fist causing
her eye to bleed and swell shut. Plaintiff's face remained bruised for approximately one
month and suffered a bruised retena due to the incident.
In or about 1998, Defendant grabbed Plaintiff by the shirt and she fell to the ground
hitting her head on a rock. When Defendant pulled away in his truck, he ran over
Plaintiff's hand breaking her hand and her fingers. Defendant left Plaintiff on the ground
and drove away. Plaintiff sought medical treatment for her injuries.
Since approximately 1996, Defendant has abused Plaintiff in ways including the following:
choked, pushed, threw her down, punched, and slapped her. On several occasions,
Defendant threatened to kill Plaintiff. Defendant hit Plamtiff numerous times as she held
the minor child causing him to cry. Plaintiff has suffered bruises, broken bones, swollen
face and eye; cuts; stitches in her head, and two concussions.
18. The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
Mid Cumberland Valley Regional Police Department
Middlesex Police Department
19. There is an immediate and present danger offurther abuse from the Defendant.
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor child/ren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody of the minor childJren and place the
following restrictions on contact between Defendant and child/ren:
Plaintiff shall have primary physical and legal custody of the minor
child.
Defendant shall have supervised visitation with the maternal grandfather
providing the supervision at times and places agreed upon by the parties.
Defendant may visit the minor child supervised by the maternal
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'grandfather at Plaintiff's residence while she is at work.
Phone calls to Plaintiff in reference tlf the child shall not be deemed a
violation ofthis Order.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor
childJren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiff's school,
business, or place of employment, exc\lPt as the court may find necessary with
respect to partial custody and/or visitation with the minor childlren.
d. Order Defendant to pay the costs of this action, including filing and service
fees.
e. Order the following additional relief, not listed above:
Order Defendant.to refrain from harassing Plaintiff's relatives.
Order Defendant to be enjoined from damaging or destroying any
property owned by Plaintiff.
Defendant shall pay $250.00 to one of MidPenn Legal Services fnnders as
reimbursement forlitigatiolll in this case.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agenC)' to serve the Defendant with
a copy of this Petition, any Order issued, and the Order for Hearing. The
petitioner will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
Respectfully submitted,
Date:
o(-f}-O /
Joan Carey, Attorney fo
MID-PENN LEGAL S
8 Irvine Row
Carlisle, PA 17013
Distribution to:
MidPenn Legal Services
Fax and Mail PSP
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa. C.S. ~4904, relating
to unsworn falsification to authorities.
Dated: 0\.;... d.-9 - 0 I
~YI\. ~
Wendy Stine aintiff
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JASON W. HOCKENBERRY
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYr PE1{NSYLVANIA
v
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this 11th day of A~ril, 2001, u~on
consideration of Plaintiff's Emergency Petition for Relief and
pursuant to an agreement reached between and among the parties and
their counsel in open court, with respect to custody of the
parties' child, Bryson Wayne Hockenberry (date of birth April 10,
2000), it is ordered and directed as follows:
The mother will have primary physical custody of the
child. The father will have ~artial custody of the child
according to the following schedule: Each Sunday beginning Easter
Sunday from 10;00 a.m to 5:00 p.m.; begipning the weekend of May
20th, from Saturday at 11:00 a.m to Sunday at 11:00 a.m. on
alternate weekends for two weekends; and then the alternate
weekends continue from Saturday at 8:00 a.m. until Sunday at 8:00
p.m.; and other times agreed u~on if the agreement is made in
writing between the parties.
The parties will share transportation to facilitate
the exchange of custody with the party receiving custody picking
the child up at the other party's residence.
This temporary order shall remain in effect pending
the.custody conciliation conference and further order of the
Court.
By the Courtr
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EXHIBIT
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Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, PA 17013
For the Plaintiff
Joan CareYr Esquire
Mid-Penn Legal Services,
8 Irvine Row
Carlisle, PA 17013
For the Defendant
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JASON W. HOCKENBERRY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
V.
CIVIL ACTION - LAW
WENDY M. STINE,
Defendant
NO. 2001-2015 CIVIL TERM
IN CUSTODY
ORDER OF COURT
ANDNOW,this l~l't. dayof -lu.J7c... , 2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
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1. A Hearing is scheduled in Court Room No. I , of the Cumberland
CouotyCourtHouse,onthebLA.. dayof Ol"fi/J:(" , 2001, at (F30
o'clock, Lt.. M., at which time testimony will be t en. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Couosel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. The Order of Court dated April II , 200 I is hereby vacated.
3. Pending further Order of Court or agreement of the parties, the following
shall remain in effect:
A. Father, Jason W. Hockenberry, and Mother, Wendy M. Stine, shall share
legal custody ofthe child, Bryson Wayne Hockenberry, DOB April 10, 2000. Each
parent shall have equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but
not limited to, all decisions regarding her health, education, and religion.
B. Mother and Father shall share physical custody of the child such that
Father shall have physical custody of the child beginning Suoday, June 17,2001 at 6:00
p.m. uotil Juoe 24, 2001 at 6:00 p.m. and alternating on a weekly basis thereafter.
4. Both parties shall attempt to obtain a full drug screen on Juoe 13,2001
and share the results with opposing couosel. In the event that the parties shall be uoable
to obtain a drug screen on Juoe 13,2001, they shall immediately upon receipt of a copy
of this Court Order, obtain said drug screen and share the results with opposing counsel.
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5. Neither party will consume alcoholic beverages or use illegal drugs while
the child is in their custody.
6. Neither party shall transport the child in an automobile without a child
safety seat.
7. The parties shall keep each other advised immediately relative to any
emergencies, medical or otherwise, concerning the child. During such illness or medical
emergency, each party shall have the right to visit the child as often as he/she deems
consistent with the proper medical care of the child.
8. Neither party shall do anything that may estrange the child from the other
party, or injure the opinion of the child as to the other party, or may hamper the free and
natural development of the child's love or affection for the other party.
BY THE COURT,
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cc: Galen R. Waltz, Esquire - Father
David Lopez, Esquire - Mother
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JASON W. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
V.
CIVIL ACTION - LAW
WENDY M. STINE,
Defendant
NO. 2001-2015 CIVIL TERM
: IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr.
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 conceming the Child who is the subjects ofthis
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Bryson Wayne Hockenberry April 10, 2000
Mother
2, A Conciliation Conference was held June 13,2001 with the following
individuals in attendance: The Father, Jason W. Hockenberry, with his counsel, Galen R.
Waltz, Esquire, and the Mother, Wendy M. Stine, with her counsel, David Lopez,
Esquire, from MidPenn Legal Services.
3. The Court previously entered an Order dated April 11, 2001, pursuant to
Plaintiff's Emergency Petition and upon agreement of the parties providing for Plaintiff-
Father to begin graduated periods of physical custody of the child, culminating in
alternating weekends from Saturday at 8:00 a.m. to Sunday at 8:00 p.m. and such other
times as the parties agree. Mother has refused additional times for Father. A PF A Order
is also in effect against Father dated March 22,2001, docketed at No. 2001-709. The
PF A Order provided for Mother to have temporary physical custody of the child pending
a subsequent determination of custody.
4. Father's position on custody is as follows: Father seeks shared legal
custody and shared physical custody from Sunday to Sunday at 6:00 p.m. Father claims
he has witnesses to testify that Mother has transported the child in her vehicle without a
child safety seat or seat belt on three separate occasions. Father, who works in New
Jersey, will rearrange his work schedule to work in this area during his week of custody.
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Father claims he takes appropriate care of the child, and that the child has been received
from Mother with a diaper rash and sick. He only feeds the child the formula Mother
provides for the child.
5. Mother's position on custody is as follows: Mother seeks shared legal
custody and primary physical custody with Father having altemating weekends from
Saturday at 11 :00 a.m. to Sunday at I :00 p.m.; the off Sunday from 11 :00 a.m. to 5:00
p.m. and one weeknight evening from 5:00 to 8:00 p.m. Mother claims Father
inappropriately cares for the child while the child is in his custody. The child has been
returned w,itlla c!illper ra~h~nQfeyer. Mot~er further claims Father hasfed the child an
inappropriate formula while in his care. Mother alleges Father has a drug problem.
6. The Conciliator recommends an Order in the form as attached, vacating
the prior Order of Court dated April II , 200 I and scheduling a Hearing. It is expected
that the Hearing will require one day.
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Date
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Jac eline M. Vemey, Esquire
Custody Conciliator
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JASON W. HOCKENBERRY,
Plaintiff
JUi'l Z 2 ZGC"
IN THE COURT OF COMMON PLEAS OF ~
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CML ACTION - LAW
WENDY M. STINE,
Defendant
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of June, 2001, upon consideration of Defendant's
Petition for Special Relief To Stay Recommended Order of Conciliator Pending a
Hearing, and the court being of the view that the Conciliator has had the most recent and
best opportunity to evaluate the parties and their circumstances, the petition for a stay is
denied, without prejudice to Defendant's right to maintain at the hearing before the court
that a permanent order of custody should provide for primary custody in her.
THE COURT will endeavor to expedite the hearing in this case.
BY THE COURT,
Galen R. Waltz, Esq.
28 South Pitt Street
Carlisle, PA 17013
Attorney for Plaintiff
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Mid-Penn Legal Services, Inc. Md fCr>(Yla{/'rG/~f)
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant
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JASON W. HOCKENBERRY
Plaintiff /Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
. .
v.
CIVIL ACTION - CUSTODY
WENDYM. STINE
DefendantlPetitioner
NO. 01-2015 CIVIL TERM
PETITION FOR SPECIAL RELIEF TO STAY RECOMMENDED ORDER
OF CONCILIATOR PENDING A HEARING
Defendant/Petitioner, Wendy Stine, by and through her counsel, Joan Carey and David
Lopez of MidPenn Legal Services, states the following:
1. DefendantlPetitioner, Wendy Stine, hereinafterreferred to as the mother, currently
resides at 2 Strolun Road, Shippensburg, Cumberland County, Pennsylvania, 17257.
2. Plaintiff /Respondent, Jason W. Hockenberry, hereinafter referred to as the father,
currently resides at 401 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania.
3. The mother and father are the natural parents of Bryson Wayne Hockenberry,
born April 10, 2000.
4. The Plaintiff filed a Complaint for Custody and a Conciliation Conference was
held on June 13, 2001, before Jacqueline M. Verney, Esquire.
5. At the conclusion of the Conciliation Conference, the mother and father had not
mutually agreed to modify the Order of April II, 2001. However, the Conciliator told the
mother and father that she was reconunending an Order for shared legal and physical custody of
the minor child on a week/on, week/off arrangement. The Conciliator advised the mother and the
father that the schedule would conunence on Sunday, June 17,2001.
6. The Mother requests that the Conciliator's reconunended Order be stayed pending
a hearing for reasons including, but not limited to, the following:
a) Ao incident in November, 2000, involved the minor child when he
was just seven months old in which the father forcefully shoved the child
to the floor causing the mother to fear for the child's safety.
b) On March 22, 200 I, a Protection from Abuse Order was entered by
the Court by an agreement of the parties. The PF A granted the mother
primary physical custody of the child with no provision for visitation to
the father who had been granted supervised visits under the Temporary
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Order (a copy of the Protection from Abuse Petition and Final Order is
attached hereto, incorporated by reference herein, and marked as Exhibit
A).
c) On April II, 2001, upon consideration of the plaintiff's Emergency
Relief Petition and pursuant to an agreement reached between the mother
and father, this Court entered an Order granting the mother primary
physical custody and the father partial physical custody gradually
extending the time father spent with the child from limited daytime
periods to alternate weekends from Saturday at 8:00 a.m. to Sunday at
8:00 p.m. (a copy of the April II, 2001 Order is attached hereto,
incorporated by reference herein, and marked as Exhibit B).
d) During the June 13,2001 Conciliation Conference, the mother
proposed a custody schedule further extending the father's periods of
partial custody to include an additional four hours each week and six
additional hours on the Sunday the father did not have custody. The father
indicated that he would accept nothing less than equally shared custody.
e) When the Conciliator recommended shared legal and physical
custody, the mother was adamantly opposed to this arrangement and
requested that the current Order remain in effect pending a hearing. In the
alternative, the mother offered extended partial custody time to the father
pending the hearing. Again, father refused to accept anything less than
equally shared custody.
7. It is in the child's best interest to maintain the April J 1,2001, Order which grants
the mother primary physical custody pending a hearing for reasons including, but not limited to,
the following:
a) The mother has been the primary care-giver for the child since birth.
b) Since his birth, the father has only had the child for two overnight
visits scheduled for the father, and the father was not with the child for one
of those scheduled overnights. The father's periods of partial custody have
only been exercised with the paternal grandmother or girlfriend present.
The father has not cared for the child for a significant period alone.
c) The child is lactose intolerant, which requires special care which the
father refuses to provide. In fact, he gives the child milk in spite of the
documents recommending not to.
d) The father has only been with the child for one overnight visit and the
mother fears that the father will not be able to care for the child for a full
week.
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e) During the father's limited periods of partial custody with the child,
he has had him in several different locations and he has not established a
stable environment.
f) The mother and father agreed to be screened for drugs by a blood test
to be administered to both parties the day of the Conciliation Conference.
The mother complied with the conciliator. The father has not submitted
himself for drug testing, and the mother feels that the Court should at least
wait uotil the results are verified.
g) Because of the father's work schedule, he is out of Pennsylvania from
Suoday uotil Friday every week and he is currently not available to care for
the child during the week.
h) The father does not commuoicate with the mother regarding the
child; therefore, shared custody is not appropriate in this case before
modifying the existing Order.
i) The mother questions whether the father's insistence on equally
shared custody is to benefit the child or to benefit him financially since he
is currently over $700 in arrears on his child support.
8. Petitioner's attorneys contacted Respondent's attorney, Galen Waltz, to obtain a
statement of concurrence, and he does not concur with the granting of the relief
requested.
WHEREFORE, Defendant/Petitioner requests that the Court grant the following:
a) Refrain from signing the Conciliator's recommended Order, and continue the
Order of April II , 2001 pending further Order of Court and schedule an expedited
hearing on the narrow issue of whether joint custody is appropriate in this case
pending a full custody hearing, or
b) If the Conciliator's recommended Order has been signed, vacate the Order and
schedule an expedited hearing on the narrow issue of whether joint custody is
appropriate in this case pending a full custody hearing.
c) In the alternative, enter an interim Order pending further Order, after a full
custody hearing, which is consistent with the mother's proposal for extended
periods of partial custody.
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d) Any additional relief this Court deems just and proper.
Respectfully submitted,
an areyandD idi~(/)
Attorneys for DefendantlPetitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
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VERIFICATION
The above-named DefendantlPetitioner, Wendy M. Stine, verifies that the statements
made in the above Petition to Stay Recommended Order of Conciliator Pending a Hearing are
true and correct. DefendantlPetitioner understands that false statements herein are made subject
to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
Dol' ~ I 1o,.xxJ \
Wendy M. Sti e DefendantlPetitioner
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MAR 2 2 2001 fj}
Wendy M. Stine,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: No. 01-709
Jason Wayne Hockenberry,
Defendant
: CML ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
FINAL ORDER OF COURT.
Defendant's Name is: Jason Wayne Hockenberry
Defendant's Date of Birth is: July 27,1978
Name(s) of All protected persons, including Plaintiff and minor children:
1. Wendy M. Stine
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AND NOW, thj,s..1.6tIrDay of March, 2001 the court having jurisdiction
over the parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Upon agreement of the parties for the entry of a consent order, this order
will be entered without any admission ofliability by the defendant and
without a finding of abuse by this court:
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any
other protected person in any place where they might be found.
2. Custody of the following minor children:
1. Bryson Wayne Hockenberry
shall be as follows:
. Custody of the minor child, Bryson Wayne
Hockenberry, shall be as follows: temporary
EXHIBIT
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primary physical custody of the minor child is
awarded to Plaintiff, Wendy Stine, pending a
subsequent determination involving custody.
3. The following additional relief is granted as authorized by g6108 of the
Act:
Defendant shall not damage or destroy any property owned by _
Plaintiff.
Defendant shall not harass Plaintiff's relatives.
The court costs and fees are waived.
4. A certified copyoftbis Order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter:
Mid Cumberland Valley Regional Police Department
Middlesex Police Department
5. TmS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
2. ANY PRIOR ORDER RELATING TO CHILD
CUSTODY
6. All provisions of this order shall expire on: February 5, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF TmS ORDER MAY RESULT IN YOUR ARREST
ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH
IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDIOR A JAIL
SENTENCE OF UP TO SIX MONTHS. 23 PA.C.s. g6114.
VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES
CODE,
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THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES
AND THE COMMONWEALTH OF PUERTO RICO UNDER THE
VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU
TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL
CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261-
2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE
ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION
AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE
GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any
location where a violation of this order occurs OR where the defendant
may be located, shall enforce this order. An arrest for violation of
Paragraphs I through 2 of this order may be without warrant, based soley
on probable cause, whether or not the violation is co=itted in the
presence of the police. 23 Pa.C.S. ~6113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during
prior incidents of abuse. The Cumberland County Sheriff shall maintain
possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before
whom defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police officer OR
the plaintiff. Plaintiff's presence and signature are not required to file the
complaint.
If sufficient grounds for violation of this order are alleged, the defendant
shall be arraigned, bond set and both parties given notice of the date of the
hearing.
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Date
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If entered pursuant to the consent of Plaintiff and Defendant:
Wendy
CareYr Attor
idPenn Legal Ser
8 Irvine Row
Carlisler PA 17013
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PFAD Number: JT1189192E
Wendy M. Stine,
Plaintiff
: IN THE COURT OF
: COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
:No.
Jason Wayne Hockenberry,
Defendant
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is:
Wendy M. Stine
2. I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s),.including minor children, who s\lek protection from abuse.
a. Wendy M. Stine
4. Plaintiff's Address is : 2 Strohm Rd. , Shippensburg, P A 17257
5. Defendant's Name is:
Jason Wayne Hockenberry
6. Defendant is believed to live at the following address:
401 Baltimore Rd., Shippensburg, PA 17257
7. Defendant's Date of Birth is:
July 27, 1978
8. Defendant's Place of employment is:
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Newburg Steel Erectors
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Parents of the same children
Current or former sexualfintimate partner
II. The Plaintiff and the Defendant beeuinvolved in the following court actions:
a. Support
12. Other details of the court action are:
Cumberland County
13. The defendant has been involved in a criminal court action.
14. Plaintiff and Defendant are the parents of the following minor childlren;
a. Bryson Wayne Hockenberry
Age:9 mos.
Child's address is: 2 Strohm Rd. , Shippensburg, P A 17257
15. Plaintiff is seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. Bryson Wayne Hockenberry
For the past 5 years, this child has lived with:
Plaintiff, Defendant, 2 Strohm Rd., 4/10/2000 to present
Maternal grandparents, Shippensburg, P A
and Aunt
Defendant left the residence November 24, 2000.
16. The facts of the most recent incident of abuse are as follows:
On or about November 24, 2000, Defendant followed Plaintiff to her car, threatened to kill
her, and punched her in the back of the head. Plaintiff sought medical attention at the
Chambersburg HospitaL Plaintiff suffered a concussion and headache as a result of the
abuse. Defendant was arrested and charged with simple assault, disorderly conduct,
harassment, and fighting.
17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor
childJren, (including any threats, injuries, or incidents of stalking) are as follows:
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In or about November 2000, Defendant grabbed the then seven month old child forcefully
shoving him on to the floor, pushing and pulling him, causing Plaintiff to fear for the
child's safety.
In or .about October 2000, Defendant grabbed Plaintiff by the hair and .shoved her head
into the car window while she was driving. Plaintiff suffered a headache and bump on her
head due to the incident of abuse.
On or about August 27, 2000, Defendant grabbed Plaintiff by her hair and screamed vile
names at her. When Plaintiff walked away, Defendant followed her, kicked her in the back
causing her to fall forward, and choked her until she gasped for air. When a neighbor
called police, Defendant fled the area. Plaintiff suffered red marks and bruising on her
throat.
On or about January 1 2000, Defendant punched Plaintiff in the eye with his fist causing
her eye to bleed and swell shut. Plaintiff's face remained bruised for approximately one
month and suffered a bruised retena due to the incident.
In or about 1998, Defendant grabbed Plaintiff by the shirt and she fell to the ground
hitting her head on a rock. When Defendant pulled away in his truck, he ran over
Plaintiff's hand breaking her hand and her fmgers. Defendant left Plaintiff on the ground
and drove away. Plaintiff sought medical treatment for her injuries.
Since approximately 1996, Defendant has abused Plaintiff in ways including the following:
choked, pushed, threw her down, punched, and slapped her. On several occasions,
Defendant threatened to kill Plaintiff. Defendant hit Plafutiffnumerous times as she held
the minor child causing him to cry. Plaintiff has suffered bruises, broken bones, swollen
face and eye; cuts; stitches in her head, and two concussions.
18. The police d\lPartment(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
Mid Cumberland Valley Regional Police Department
Middlesex Police Department
19. There is an immediate and present danger of further abuse from the Defendant.
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER
A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD
DO THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor childJren in any place where Plaintiff may be found.
b. Award Plaintiff temporary custody of the minor childJren and place the
following restrictions on contact between Defendant and childJren:
Plaintiff shall have primary physical and legal custody of the minor
child.
Defendant shall have supervised visitation with the maternal grandfather
providing the supervision at times and places agreed upon by the parties.
Defendant may visit the minor child supervised by the maternal
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. grandfather at Plaintiff's residence while she is at work.
Phone calls to Plaintiff in reference t8 the child shall not be deemed a
violation ofthis Order.
c. Prohibit Defendant from having any contact with Plaintiff and/or minor
childlren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any c~ntact at Plaintiffs school,
business, or place of employment, except as the court may find necessary with
respect to partial custody and/or visitation with the minor child/ren.
d. Order Defendant to pay the costs of this action, including filing and service
fees.
e. Order the following additional relief, not listed above:
Order Defendantto refrain from harassing Plaintiff's relatives.
Order Defendant to be enjoined from damaging or destroying any
property owned by Plaintiff.
Defendant shall pay $250.00 to one of MidPeun Legal Services funders as
reimbursement for litigation in this case.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the Defendant with
a copy of this Petition, any Order issued, and the Order for Hearing. The
petitioner will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
Respectfully submitted,
Date:
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Joan Carey, Attorney fo aintiff
MID-PENN LEGAL S RVlCES
8 Irvine Row
Carlisle,PA 17013
Distribution to:
MidPenn Legal Services
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VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. 94904, relating
to unsworn falsification to authorities.
Dated: 0\ - 'd-9 - 0 I
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Wendy Stine aintiff
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JASON W. HOCKENBERRY
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYr PENNSYLVANIA
V
CIVIL ACTION - CUSTODY
WENDY M. STINE
Defendant
NO. 01-2015 CIVIL TERM
ORDER OF COURT
AND NOWr this 11th day of April, 2001, upon
consideration of Plaintiff's Emergency Petition for Relief and
pursuant to an agreement reached between and among the parties and
their counsel in open court, with respect to custody of the
parties' child, Bryson Wayne Hockenberry (date of birth April 10,
2000), it is ordered and directed as follows:
The mother will have primary physical custody of the
child. The father will have partial custody of the child
according to the following schedule: Each Sunday beginning Easter
Sunday from 10:00 a.m to 5:00 p.m.; beginning. the weekend of May
20thr from Saturday at 11:00 a.m to Sunday at 11:00 a.m. on
alternate weekends for two weekends; and then the alternate
weekends continue from Saturday at 8:00 a.m. until Sunday at 8:00
p.m.; and other times agreed upon if the agreement is made in
writing between the parties.
The parties will share transportation to facilitate
the exchange of custody with the party receiving custody picking
the child up at the other party's residence.
This temporary order shall remain in effect pending
the custody conciliation conference and further order of the
Court.
By the Court,
EXHIBIT
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Galen R. Waltz, Esquire
28 South pitt Street
Carlisler PA 17013
For the Plaintiff
Joan Carey, Esquire
Mid-Penn Legal Services,
8 Irvine Row
Carlisler PA 17013
For the Defendant
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JASON W. HOCKENBERRY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
WENDY M. STINE,
Defendant
CIVIL ACTION " LAW
NO. 01-2015 CIVIL TERM
IN CUSTODY
AND NOW, this 6th day of August, 2001, upon
consideration of Plaintiff's complaint for custody with respect to
the parties' child, Bryson Wayne Hockenberry (date of birth April
10, 2000), and following a hearing held on this date, the record
is declared closed and the matter is taken under advisement.
By the Court,
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, PA 17013
For the Plaintiff
c:~~
Joan Carey, Esquire
Mid-Penn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
For the Defendant
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AMERICAN MEDICAL LABORATORIES, INC.@
. P.O. Box 10841 . 14225 Newbrook DriVe.
Chantilly, VA 20153-0841
Telephone: (703) 802-6900 . (800) 336-3718
iIOCKENBERRY. JASON WAYNE
~'~nA 1 ~rom Ch9ntllly.
LOLLEeTED: 07/05/2001
!-.(E.CELVEU:; ilJ7/rlJ7I 2 QilZil
REPORTED,07/0e./2001
,-",lilt: fu' 16151/ E..:.J/3"3126917
PinrENT ID, 174580145
~-::.l IF.: EODE: NOT PROVIDED_
Pleas. note: GALEN WRLTZ
:5'3125977/0 (A[)UL T ASSUMED)
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16151 CHAMBERSBURG HOSPITAL-D&A>
TEST'RERSDN:O-COOfiT ORDERED
COLL, , SI TE: CHHI'IBE:RSBUSC'l.. PH
--.._,,- -'-'-~---"----4ES TS-.-,--..---------'RE SUL TS-FLAG-- REF. RANGE ----~ --UN ITS
;, S0t5/Ch:ciflt t 11 v
'-1'jpdJcole:oal TOX1ColorlY
~lF.:Drr.OL.EGAL CHAIN-Of-CUSTODY REPORT.
Chaln ot Custody document rec~ived ahd speci~eh
F"-"l intact..
NONE-DF_tEC.IEll __" _.'
20 ho/mL as carboxy-THe
..NONE....DEl:I::L.iED.
100 ng/mL as amphetamine
NOt~E DETECTE-.D
Ilmit 50 -ng/~L as-benzoylecgonine
NONE DETeCTED
50 nq/mL as morphine
NONE nE. r",..;1 t:,U
10. hJ;l/mL
;~l';",illt."~,-~/ C;M'~nt i 11 y
:.,on1"1('Jn.-r:1 {)!"uq Hbuse SCl"een
Serum'~ruo Acuse- Screen
f'lARLJ_lJ!'.;i\!H
.18'tec-tU)n limit
;:1:YiPRE1'1~i'Tt I NEb
."i,:;tec'tlon 11mit
,~OCRINE METABOI.. I TE
.::;el:eC1;lOn
[J[J Ij:.'ITEt3
detectlon limit:
;.,;p ~(I"rH:.i'lc;YCLI DINE i
det;ectlon limit_
Cm~FI m'\rlTORY TESTS
No a.rU\:JS were detected.
..,.
(Confirmatorv tEsting not ..
perTormed en negatIve screens. ~
Ii-' ,~, 1 R'7J - LB, i Bic:8I
,,^x FINAL REPORT ***
Nathan Sherman.'M.D.
Dirac.to!!" elr -LQ,j:J~to'('i_(!JL
PLAINTIfFS
EXHIBIT
,
,11$ __m
.?r; Of ft1~ ~~-- __
NATHAN SHERMAN, M.D.
"DIItECT<5R OF LABORATbRIES
, ~,. -
Age and sex dependent reference ranges are printed when available
if age and sex are designated. Otherwise, adult values are given.
167074 R 1100
"
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CHANTILLY (Alai)
COLUMBIA (A13)
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AMLCENTRALLABORATORY
American Medical Laboratories, Inc.@
14225 Newbrook Drive
Chantilly, VA 20153-0841
AML SATELLITE LABORATORY
American Medical Laboratories, Inc.@
Two Knoll North Drive
Columbia, MD 21045
, . - jfL.j
>"71''''' ~ ')/,1"" Y,
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--- "l
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-"t';.,. ;'~:,l~',\'''cr":'';'i.7'i''':'PJi<~Wh~r:l';l-f.#~'t.#;!f-:'!~~'1f,~,'''t,j,,,,."FAlin!j'.lil~j~t1iliit.~,.J<;
DRUG TESTING CUSTODY
AND A~QUEST FOAM
Amer\can"M.ed'-c:a\ Laboratories,lnc.. ~
~ 4225 Newbrook DrIve
P,O. Box 10841
Chantilly, Virginia 20153-0841
703~a02-~900_ ~8QO-852-952a
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A. Employe'r Name. Add/SS and 1.0. No.
Go..\CL\"\ WCI...\i--z..
T VUrO Lct0
d-8S0vh\~\ti
Q.cu{" \ \~k PA '
:_ _~MRO Name and Address
16151'- 4651' T'1.9:2'P
CHAMBERS13URG HOSPITAL-.O&A*
CODE
S-L
,
DoG 07 ll.J!
\ I Y ~ l.o~ 45" "T' FAX 17172677127 15
G,Oonor&SNorEmployeeI.D.No, -0 \ ,Name --lA'iol\}
D. Reason for Test: 0 Pre-employment 0 ~n,dO, m ___-,-:...~ ~e~~o-rjIC 0 Reasonable S)(SPiCiOnr.faus~ -- 0 Post ~ccident
o Return to Outy D 5Pllow.W ~ OTHER (specify) !,;,OV" '"Ll'd<2.r-e'ld.
TESTS REQUESTED: NQT FOR, ,D, OT TESTING , nRU~ SCREC"N
_____\*2753)-- PROGRESSIVE w ~ _ ~ ~16
_____(~2Z33)--,FROGRESSIVE DRUG SCREEN *5
___ ( +tZl 9Z 1 -- PROGf\E:Sp I V.E;PR,UG _p]::RfEN t14
__.:'J{_ O1l80!5 1 -- CHA'! N 01'" GUSTOn y .- -
_____( * 05'11 -- ALCOHOL ,__J:iLC)gO
_____(~1931)-- NICOTINE SCREtN
______(#2643)-- SPECIMEN STORAGE:" _ ~
_____("H3861---ALCUHOi.,., U~INE: 0 f\ "'" 5cr' ~ 6erum
X #.110010 Con flfmcdbr uq 0 r ribUo,J(,.. '-- 'C..t'n. "
C 4 Be r u.J'M, .\.lA. 'of'S seY'. -\- ')
JAN 2001
~
"
~
GOLtt',cTION SITE LOCATION: \ 1_
~hlfYl bees b~n~~~:F~I;yi, t<l \...
\\'2. N It' tr<..d '
Address
Specimen temperature .
N
SPLIT SPECIMEN CnLLECTION
D YES ,NO
REMARKS::O (' e Co.
I certify that the specimen - identified on this form is the specimea pre ted to me by the donorJprovrdlng the certification 017 Sta
identification number as that set forth above, and that it has been collecta . laP.e{lf"l.P.. (mq_~fJ.8.-'ed as in ~pcprdance with app!icable/equ!re
Viri.r k, 1'(1\ If\/f"
. (~RlfIT) Collector's Name <~i.rst, MI, UBt}
of this form, that it bears the same spfiCimen
~~..
J ) Itb I( rk. I' 'f n r"t '. \
.. ~ - . Slgnaturo 01 Collector
QI~r}~;~)J
ato(o.IDay r.)
'Q"'.C:
. "
m.
"STEP 4: TO BE INITIATED BY THE COLLECTOR AND COMPLETED AS NECESSARYTHEREAmR
MO. OtAY SPECIMEN RELEASED BY _m SPECIMEN RECEIVED BY
* Collecto' ,I 1,. I " . "" /, ~ ,', '"
~QQ.~l!!!_~L...:..L..Ll..L-.:..L_~Li.D1L:J..L__._____
Name \1 r, ~\ -( 4'1..- f)1rr
S;~~~'::'=_(J;:;tQ.,,-"'_g~__L""'~"_..._n..._
Name /<=';,J~, A C ~ u..,..~
Si~~~~:__f.: OL__:;.e.LLki1.J'..__4~:..oY-~~-_._ 0
Name rt::.., 1""
PU
F CHANGE
PECIMEN
FOR TESTING
1
, ,
!~iOI
, ,
Signature
Signature
, ,
, ,
1 i6 !ol
Sf STEP 5:-'0' BE COMPLETED BY THE LABORATORY
iii
!E, * By. sIgnIng this form, I acknowledge the specimen{s) that are labelled witb ~tbi~,- Reg'uest Form - N;: to b'e my- __Sp'e_ci~J1'S) and th:tihey ha-~e been labe ed and seared in my
~ presence. If collection was witnessed. that I release from Iia,biljty any and all persons associated. with witnessing of collection of 1]Y_.specimen. 1 also authorize AMl to conduct
~ testing for drugs and to report results to my employer or potential employer who require this te.sting. I certify that the specimen(S) is roy own and has not be!;lJ) p;lten~d<
SEAL INTAcT? DyE's tj'~'o.IFNO []J30X
-if 4'_ Ofi" ,~," ','
_~ (i-(JI _ reo F
ITBAd [j SPEGIMI=N~
Name
Name
COpy 3 - TO MEDICAL REVIEW OFFICER OR EMPLOYER (OPTIONAL)
_'. .. "'------....-~.~~,.p _ -'--'-'~~r'''----'-------'
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DEFENDANT'S
EXHIBIT
tI,B.
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?i/d
"-".
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o
. --'~~.5I:'~~~~'~:i;.~:~::-:i~~~~~.ii.~;;;;;';;;;=.;;;;;=__'" ~_=;;-.:;.::o:-,Ji;;;;:o.;;:_;;;;;;;;;=-=_=;;;;:==:::i;;
, FRANKLIN COUNTY PEDIATRIC ASSOCIATES
176 South Coldbrook Avenue. Chambersburg. PA17201
I (717) 263-0550
MEDICALLY EXCUSED ABSENCE
This is to confirm that ~on ~~l:e_rYy_
was seen in the office on ~.l2:0 I D ( ._' If-J.zj 0 I
He/she is able to return to work/school on
Limitations/Remarks: ~ ~ ~h-
~n;!z? ~
~ur'iflw, I\'m
,
.
('O~CKll
Y-lo-m
Date
DEFENDANTrS
EXHIBIT
<? '#""5
D . ~, I' rr ~
:.,~!!'OO!;l"11'l'
~'O'. ".J ~...!!!'
I! :' "';;
,
r "_
,~"""'~
<f:~ ~IENT tJ.. Emergent 0 Nonemergent
EMERGENCY CARE UNIT INSTRUCTIONS
d' , HOCKENB . Y BRYSON WAYNE04/08/01
CHAMO,""mURG 112 North Seventh Street 7) 267-7146 r
HOS'~ Chambersburg, PA 17201 Acct#: 324077 -7 MR#: 533430
..4'1"'-1_8_
" The treatment you have receIVed has been rendered on an emergency basis only. It IS Important that you follow discharge
Instructions and receive follow-up care. Follow the Instructions below that are checked and any additional instructions given,
WOUND CARE
[] Keep dressing clean and dry
for next _ day (a) .
o Following this t.ime period, remove
dressing, wash wound with soap and
warm water, dry thoroughly and cover
with appropriate bandage. Repeat
daily until the wound has heald.
o Return here for wound check
in day(s). Datel
o Ha~sutures removed in _ day{s).
Date:
0_ times{s) a daYi wash burns
thoroughly with soap and water;
then reapply SilvadeI1e cream ~
redress. Keep dressing clean and dry.
o Yo."pt wound has been closed wit.h
Steri-strips. They must be kept
clean and dry. Leave steri-strips in
place until they falloff
~pontaneously in five to seven days.
[J Warm wal;er soaks or compresses for
15 minutes four times daily.
[J Return -immediately to the Emergency
Department or your family doctor
.if ,_11!igna of infection develop-
in~~easing redness, swelling, pus,
foul odor, red streaks, fever.
ORTHOPEDIC & BACK INJURIES
o lpJ2ly ipe intermittently to the
affected area fo~ the next 4a hours
and keep elevated to reduce swalliI).g.
o Rest affected area_day(s)
or until pain-free.
D,us'e' crutches; do oat bear
wei~ht until able to stand
without pain; then slowly
re~urn to normal activities.
[] You may remove elastic bandage
and/or -splint every_day(s).
If affected area is still
painful, reapply and continue
use until pain-free.
D Be;d.:".r~,at for the next_day(s)
D We~i elastic bandage and/or
splint for_____day(s).
o If the extremity beiow any
bandage becomes increasingly
painfu~, numb, blue,or swollen,
remove or loosen it
immediately and contact the
Emergency Department.
::J Us~,,_,a;lr cast according to the
instruction sheet.
Sse additional Instructions
pJ:'ovided:
::J He'ad I;njury
::J Animal bite
~ Tetanus immunization series
MEDICATION INSTRUCTIONS
[J Get prescription filled; take or
apply medicine as directed on label.
Discontinue medication if allergic
reaction'occurs (rash, trouble
breatliing or other sudden, unexpected
symptoms) and contact Emergency
Department iwmediately.
o Take 2-3 Advi1/Nupri~/Ibuprofen every
4~6 hours as nee~ed for pain or fever
greater than 101 degrees.
Take with food. '
o Take two Tylenol every four hours for
pain or fever greater than 101 degrees.
o Continue current medicine.
See medication information provided:
"fi.J Antibiotics" O"Muscle relaxants
-b~ti-inflammatories 0 Decongestiants/
CJUarcotics/sedatives Antihistamines
~RAL INSTRUCTIONS
Increase Fluid Intake
Take only small amounts of clear
fluids overnight.
o Gradually resume a normal diet"
Carbohydrates such as toaat, plain rice,
applesauce may be helpful. Dairy
. products may make your symptoms worse.
~~~e vaporizer or' n~l mi~ humidif~eI;..
~~r pain or temperature over 101
.degrees use aspirin-free medication
(Tylenol, Tempra, Acetaminophen, etc.)
by fol~owing s~hedule.
CHILDREN'S ACETAMINOPHEN DOSAGE RECOMMENDATIONS
AGE 4-11 12-23 2-3 4-5 6-8 9-10 11 12-14
GROUP _ M05 MOS YRS YRS YRS YRS YRS YRS
Weight 12-17 18-23 24-35 36-47 9.
(lbs.) 4B-59 60-71 71-95 and
over
DOSE OF 80 120 160 240
ACETAM!NOPImN 320 400 480 640
(in.ml.) mg. mg. mg, mg. mg, mg. mg. mg,
DROPS 1 1.5 2
(BOIng/O.amI) - - - - -
ELIXIR
(160mg 5ml) .5 .75 1 1.5 2 2.5 3 "
tsp. full
CIlEWASLE
TABLETS - 1.5 2 3 4 5 6 -
(80mg each)
JR. STRENGTH
SWALLOWABLE - 2 2.5 3 4
TABLETS - - -
(160mg each)
Repeat dose every 4 hours as needed.
Do not bundle child in blankets.
D For pain or temperature over 101 Quse Children' 8
Motrin by following schedule. Take every 6 hours as needed.
AGE 6-11 12-23 2-3 4-5 6-8 9-10 11-12 Adult
GROUP MOS 'MOS YRS YRS YRS YRS YRS
weight(lbs.) 13-17 18-23 24-35 36-47 48-59 60-71 71-95
FOLLOW-UP CARE INSTRUCTIONS
o Return to the Emergency Depart.
in ____day(s). Date:
Time:
o Call Dr.
Telephone #:
for follow-up appointment in
_ day(s).
o Driving restrictions:
o DO NOT dd ve for the next
hours/days (cirCle one)
0;;-;;; drive until evaluated
by Dr.
D Worker's Compenaation:Return to
the Emergency Department or call
your company's designated
physician if you develop new
sympt~ms, if your symptoms have
not improved in _day(s) ,:-or
if any aspect of your condition
should suddenlY worsen.
~ Return to the Emergency Depart.
or call your family doctor
inunediately if you develop new
symptoms. if your symptoms have
not i~rO'Ved in '- days, or if
any aspect of your condition
suddenly worsen.
ADDITIONAL INSTRUCTIONS
[] Your x-rays have received
a preliminary interpretation
by the Emergency physician
and will be reviewed by the
radiologist within 24 hours
Please call the Emergency
Department in 24 hours for
rir final interpretation.
~ Eye instructions: Return
to the Emergency Department
or call your eye doctor
itmUediat.ely if increasing
pain, redness, discha_rge,
or blurred vision develops.
D While in tf?e Emergency ROO~.
your blood pressure was found
to be elevated. This may be
due to the stress of an
Emergency department visit.We
recommend your blood pressure
be rechecked by your family
physician within one week.
[] A culture specimen has been
obtained to test for bacteria.
please call the Emergency
Depart. in 3 days for results.
D Stop Smoking.
OTHER:
~
Doeage in tap ....5
1
1.5
2
2,5
3
/
"
Physician's Signature
"7"""'_""~"'~~ - -
-
of the ahove instructionS'j includin~ the additional in.truGtiJ'/", sheet..
Date, L:r 1,'-0 1c---Time,,!:)<-=i.lrj A:'J'!./P.M.
D~~T"~= n~n.. L"1Q(i~~~.9_^ OAf ~ \
1__,
~..
1- ~- ~
=~_._~ .
,~
.'- '<'--'~"''''-'''=" '-'
,,---
j! 08101101
~"
;; 08101101
K 07116101
<
\, 0710910 1
<,
" 0710910 1
~, 0710910 1
"
~06125101
it 0612510 1
~, 0611810 1
ji 0611410 1
;:::
i!f 0611410 1
'105131101
%
DEFENDANrs
EXHIBIT
, ,
l~if
~.[.;,;:J!
f(~;jj;,
ON-SITE DRUG TESTING CUSTODY
ttN{] (}{J~;'[B(M. FORM .. AMI.:
;D.mer'can W\ed\ca\ \..a.bOTa\OT\e.s, \nc.
14225 Newbrook. Drive
P.O. Box 10841
Chantilly, Virginia 20153-0841
703-802-6900 . 800-852-9526
~TEP 1: TO BE COMPLETED BY COLLECTOR OR EMPLOYER REPRESENTATIVE
d diD N B. MRO Name and Add"'..
A. Employer Nam.~, Ad ress an .. o. ::;~;! tOO'~~ ;'2~
LHAl'1m:n,,!i'lW,(;; HOSPITi'.L.
r)S-~pf.~lRTH~~iiT OF PATl-'\Ol~CH;;;'V
'rrH (.~f\JD j( .TNt} E;TREETS
CI'!N11.1EH,BHUIiG, P!\ :I 720 i
'l:l 7--~,~'i1'1~.-~11J71 I F f~}\ 17 iI' =-7f ::-/~~II::<7~-~i ;l? "K j" ,.Jl""N ?(lO'l,
Name ,,f 1/ A'-'LP;j.:~:"'. po- ---"""
Periodic 0 Re~o;;ciliie ~{?USP.i6ion/C~~se Q Post ~ccident
__.... r? "'~) ;) ....- ('.1"1....;>;(' ~ ""v~:-~ .e "',
.J2t",OTHER (specify) '--'"/:"'~! ~ .f 'J .. ,. ". ~::.~:::",,~,....
F-
I,
... LABORATORY ACCESSION NUMBER ...
CODE
T ll."'i~::':; p
! i.1 f r'"
"f'l i ' ,..J
f ".,.
(,'fvln
, ,-,-, _ l'
t...~.'..(,(=-.1'eL '-..
,;,
!"tV,
~.~)t"
/ui ,/ (c: l{ r- -'\, \,,(
ID N" -..:;.;. ~:;". I /-
C. Donor SSN or Employee . . 0.' I
D. Reason for Test: 0 Pre-employment 0 Random : 0
o ReturQ to Duty 0 Follow-up
ON-SITE SCREEN RESULTS:
(Check appropriate column)
POS
NEG
POS
NEG
PCP
'.L~:,)
-r=-
t ,,"'-"
")'t.'.,_..'
-,----
\r~:')-
OTHER
AMP
THC
OPIATES
~~'
':x:-'
~
IF ANY ANAL YTES SCREEN POSITIVE SEND THE SEALED SPLIT SAMPLE TO AML
FOR CONFIRMATION TESTING
DEFENDANT'S
EXHIBIT
--
":J"! --='
COCAINE
__~~~ (Ii
,'rX'
r 'n
~- --~
~STEP 2: TO BE COMPLETED BY COLLECTOR - Specimen temperature must be read within 4 minutes of collection,
o No, Record specimen temperature here
Specimen temperature within range: 0 Yes, 90" -1000 F/320 - 380C
~STEP 3: TO BE COMPLETED BY COLLECTOR
CO,LLECl'ON SITE L~CATION: , , !
f \ U /jJ L.Pi l'J..t'.L"k,. hI.-... _ i-"~b.) 'S.-J,.-
. -... , \ ;'ibllecllon Facility V
i I z.. IJ ~Nj{ VST
-,."
1"'c.12-_/ 17(7) ;:;(r:,-7 71) :?
Collectors Business Phor'fa No.
t :)1 {ftt4/~>f'rs/:;?'l ;)/0. /"7';>(j (
.. . CIty /r . State Zip
, !
REMARKS:' -,'
I certify that the specimen Identlfled on this form Is the specimen presented to me by the donor provldfn the certiDcarfon on Step 4 of this form, that It bears the same specimen
f~e~?:c~otrnU,"-ber as that se~~rth abo".j€1; and that ft has bee:~::!,!:::;!djbe/ef1.~nd sea!f1 as ~~. :~~ ,6 ce with applicable requirements.
" .,:.,1. V / I'", -r,~, ,; ~" \ ! " .. /~ . ( ...- '4,..pr'-~ f.?J 1131()'/ I () :lj.o" 'M
... (P INT) oll~ctorlil NlilmCl (Frr:n. MI. t.nsll ,_.- '" $Ignlltur. f Colloctor Ditto Mo.fOlly/Yr.) . Tim 0
SPLIT SPECIMEN COLLECTION
o YES eCNO
-STEP 4: TO BE INITIATED BY THE COLLECTOR AND COMPLETED AS NECESSARY THEREAFTER
UfJE SPECIME~ RELEASi;P BY SPECIMEN RECEIVi;!;l BY PURPOSE OF CHANGE
MO. D Y YR
r , DONOR k ! 'd\\(tr 1\ '\'~-<_L._ ,\l. * Collecto( -7~'-- . A ""- - Ie ,- PROVIDE SPECIMEN
It, , I SIGNATUR ,",,,k.n ~ 1'(..,' \. .,,;;}-~ ,\ . ." ~4 " . f
1;? '(y , , \,,") l "'" \:"1'''<< ~[9.'!.aj~l!l.J:j~U.::;L_- _~=__.:.._I~:::t.r-::!.=>~=--"___ FOR TESTING
: ')\ PRINT \ ",....,. . ...-I'
.\. " , ' ~), ." ,- Name '7:23>"",' A. "'7;':1'11 n <1 .f
, , C?lIectorl'~ \4 ._~T':.j" ~. ' , , ;:-4Y.2f /' .5}{!d J~'
, , Signature
In 1.--. II.' ~QlJ.aJ.l!!~~l...1LJ..i..i'l,._____ __..:.'__k.~Cl;~~' N~;e ~.~-47Jt:;---;tl.~~;~--,;t;u.---------- Vii .~"
:i:::,'rUl. .r-~~ y . , ' , ;P~-f--' ..:g;;>'-
Name l'''?f't." I-L . T"'.;7..1t"1 ~ ~~ I~
" , , -' , v .. oJ
, I Signature Signature
I , ------------------------------------- ----------------"-----"----------------
, , Name Name
r ,
, r Signature Signa1u10
, I
, r ------------------------------------- r--------------------------------------"
r I Name Name
, !
STEP 5: TO BE COMPLETED BY THE LABORATORY
SEAL INTACT? 0 YES 0 NO - IF NO: 0 BOX 0 BAG 0 SPECIMEN
* By signing this form, I acknowledgB the specimen{s) have been labeled and sealed in my presence. If collection was witnessed, thaf J release from liability 'any and all persons
associated with witnessing of collection of my specimen, I also authorize AML to conduct testing for drugs and to report results to my employer or potential employer who require
this testing. 1 certify that the speclmen{s) is my own and has not bean altered, -
_...... n~""""'"""'A' .......... .......... .-...-_.......-_.......... _OM_. ~._- .___._."_..
JUN-29-2001 FRl 01:48 PM CHMBG HOSP LAB
. .'. ' ~._.. . '" _.... . . '
FAX NO. 7172677127
P. 02
AMERICAN MEDICAL LABORATORIES, INC.@
P.O. Box 10841 . 14225 Newbrook Drive
ChanUlly. VA 20153-0841
'. -' Telephone: (703) 802-6900 . (800) 336-3718" .
"rJ.i\lf.~ WEhlDY ;r:
Pag~ ~ Prom Ch~ntilly
CDi..;._ECTED: 06/14/02121121 i
RECr:~I VEl): :lI6/1.5/i'?0lZl1
REPORTED, 1216/15/201211
~12l01i 0/ 16151/ 0/91210287
PATIf.:r'J"[' ID: lE,j,EA5",0l,
S:rTE GODE, NOT' PRCVIDEiJ
Please note. MD PENN lEGAL
3S12b~B&/e (ADULT ASSuMED)
FOR T492:P
1"'151 CHFlrM,lERSBURG HOSPHAL.-D&A,.,
n:::8T REASON:Q-courn ORDE:R
COLL. SHE : CHA/>18EI~81..EY, PA
SERVICES
..,,-----..,-.----,....TE:STS-.-.-...."---..----flESLlL l"S-FLAl.:;--RE';-.. RANGE -.......---UN I 1'8
l8i21S/Chant illy
1edicolegal ToxicpLogy
i'lEIH.COLE:G~\L CH?1 r N-OF -CUSTODY REi='ORT..
Chain of Cu~t:ody document received and ~pecimen
seal in.i:;e~t"
;:~'2812ICh"nt i 11 Y
3erum Drug Rbuse 8cr~en
Ir!(":!R r JUANA
dete~tion iil~it 20
AMPI-j,:;:T;";'; r NES
detection lilllit
CiJCi:\rI\j~ i'1ETRBOLl TE
detection lilfli-c
OPIATES
de"cection li:nit
PCP (PrlENCYCLJ:DlNt=':)
detection linit
PI, ~s.se not e ~
NOM:: DEI !::ClED
ng/mL as carboxy-THC
NONE DETECTED
100 ng/mL as amphetamine
NON'" DETEL:rE0
50 ng/rnL as benzoylecgafline
NONE: DETECTED
~0 ng/mL a5 morphine
NONE: DETEC;TED
llZt nR/mL
*** FINFlL RE:PORT ***
rp 30~/8]-[S S2?}
i'~a:thC\n SherlJl~).n, 1"1.. iJ~
Dir.ctor of Laboratories
Age and lex dependent referenco mngel al'& p~nted when available
if age and sex are designated. Otherwlse. aduft values are given.
167U74 R 1/'00
NATHAN SHERMAN, M.D.
DIIIEC10RDP LAIlOItATORfl!$
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JASON W. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 01-2015
CIVIL TERM
WENDY M. STINE,
Defendant
: CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Wendy M. Stine , Defendant, to proceed in forma pauperis:
I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe
the party is unable to pay the costs and that I am providing free legal service to the party.
k,~
Attorney for Defendant
MlDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
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JASON W. HOCKENBERRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
V.
WENDY M. STINE,
Defendant
: NO. 2001-2015 CIVIL TERM
: CIVIL ACTION - LAW
AMENDED ORDER OF COURT
AND NOW, this 16-t~ day of AUGUST, 2001, the Order of Court dated
August 7, 2001, is amended with respect to paragraph 4, so that paragraph 4 reads as
follows:
4. Notwithstanding the foregoing, Defendant shall have custody of the child
from 2:00 p.m. on Christmas Day until 7:00 p.m. on December 30.
In all other respects,' the order of court dated August 7, 2001, shall remain as
originally entered.
By the Court,
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, Pa. 17013
For the Plaintiff
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Joan Carey, Esquire
Mid-Penn Legal Services, Inc.
8 Irvine Row
Carlisle, Pa. 17013
For the Defendant
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JASON W. HOCKE!'ll3ERRY,
PlaintIff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
WENDY M, STINE,
Defendant
: NO. 2001-2015 CIVIL TERM
: CIVIL ACTION - LAW
IN RE: PLAINTIFF'S COMPLAINT FOR CUSTODY
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this '7 ~ day of AUGUST, 2001, upon consideration of
Plaintiffs complaint for custody with respect to the parties' child, Bryson Wayne
Hockenberry (d.o.b. April 10, 2000) (hereafter, the child), and following a hearing held
on August 6, 2001, it is ordered and directed as follows:
1, Legal custody of the child shall be shared by the parties.
2. Primary physical custody of the child shall be in Defendant, the mother.
3. Temporary or partial physical custody of the child shall be in Plaintiff, the
father, at the following times:
a, On alternating weekends, from Friday at 7:00 p.m, until Sunday at
7:00p.m.
b. On Thanksgiving Day from 2:00 p,m, until the following Sunday at
7:00 p.m.
c. During June, July and August, for the first full week of each month
commencing on Sunday at 7:00 p.m. until the following Sunday at
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7:00 p.m. (These week-long periods shall be in addition to Defendant's
periods of custody on alternating weekends.) Provided, that for the
month of August, 2001, Plaintiffs one-week period shall be from
August 19, 2001, until August 26, 2001.
4, Notwithstanding the foregoing, Defendant shall have custody of the child on
Christmas Day until 2:00 p.m., and Plaintiff shall have custody of the child
from 2:00 p,m. on Christmas Day until 7:00 p.m, on January 30, 2001.
5. Transportation for exchanges of custody shall be the responsibility of the
party receiving custody.
6. Nothing herein is intended to preclude the parties from deviating from the
terms of this order by mutual agreement.
7. All prior custody orders are vacated.
By the Court,
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, Pa, 17013
For the Plaintiff
Joan Carey, Esquire
Mid-Penn Legal Services, Inc.
8 Irvine Row
Carlisle, Pa. 17013
For the Defendant
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JASON W. HOCKENBERRY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
WENDY M. STINE,
Defendant
NO. 01-2015 CIVIL TERM
IN RE: PLAINTIFF'S COMPLAINT FOR CUSTODY
BEFORE OLER. J.
SECOND AMENDED ORDER OF COURT
AND NOW, this 13th day of August, 2001, the Order of Court dated August 7,
2001, is amended with respect to paragraph 4 to read as follows:
4. Notwithstanding the foregoing, Defendant shall have custody
of the child on Christmas Day until 2:00 p.m., and Plaintiff shall
have custody of the child from 2:00 p.m. on Christmas Day until
7:00 p.m. on December 30.
In all other respects, the order of court dated August 7, 200 I, shall remain as
originally entered and the amended order of court dated August 10, 2001, shall be null
and void.
BY THE COURT,
GalenR. Waltz, Esq.
28 South Pitt Street
Carlisle, PA 17013
Attorney for Plaintiff
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Joan Carey, Esq.
Mid-Penn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant
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