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HomeMy WebLinkAbout01-05762 , SCOTT L. HOOVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A v. 01-5762 CIVIL ACTION LAW AMY S. HOOVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, October 15, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland Connty Courthonse, Carlisle on Wednesday, November 14, 2001 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt 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 heariug. FOR TIlE COURT, By: Isl Jacqueline M. VernlO'. Esq. ~!^ Custody Conciliator ' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '-'.iF -1" 'I ~ . . r_, - ~h_ ~ ,," ~ .'_~_ -,_~ ,--,,'.' ,-^~-" 'O,"'_~', . ." _ "',_;,'"'.''''''"'''''''':'~,'''-' ___,4'-" """ \ii"~""','D ,'-:::-,1'1 Tin n Ii II 1 r iil T1"'~;r" ~~y~~~ ~Z~'~~ ~ ~~ 7- ~~r; " VINV/\1\SNN:;Jd AlNnm O~/I:flHj8Vvno "IS :8 lcld 91130 10 Il/C.I'O' ,." I\(4 V, 'I""L'I" . 1';1 ': ;';,l...-,(;_~. dO ::Jvl.:l::!\)-OJIl:! ~~~.r!1 _~~. i'$il'mwiT..Jffi'!~~"'1'!"_"",",_ll1:~~~~~l1'i~"""~!~"""<""-<Jaj1;-'tWi!!!*---.~,*~PJ>lII~!\'~:'~'_~-""""~","e'C-\1 /rJ'- 1J.111 / t2 '11 c?/ /(l- '7/' 01 "1.',--",-h"'-" -'--''';'-'i'''' CN"D:\. :z:..'^ ;--'-;:'F"'; -''''",;_;~P",''-''7'''',;i'''';''o-'''';''''''--ih'-''':''':;;''f_'r"",,~,,''-W~~f;'1'~r' 'iF ,. SCOTT L. HOOVER. Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, . :PENNSYLV ANIA v. :CIVIL AcrION - LAW AMY S. HOOVER ;NUMBER O/-67@IVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS Defendant You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage CQunselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pemasylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ~NT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT BA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE PA 17013 (717) 249 - 3166 ~JuJ~, Sally J. inder, Esquire Attorney for Plaintiff, Seott L. Hoover 701 East King Street Shippensburg P A 17257 (717) 532.9476 -<'''''''''Wi1\-_~,,,,,,,"",,,I!iIJ'''I!;~,., -'~N~r . . , -- ~~ /I-S ,'. ., SCOTI L HOOVER, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, :PENNSYL VANIA v. :CIVIL ACflON - LAW AMY S. HOOVER Defendant . :NUMBER~TERM : IN DIVORCE COMPLAINT IN DIVORCE COMES NOW, the Plaintiff, SCOTI L. HOOVER, by and through hislher counsel, Sally J. Winder, Esquire, and represents as follows: 1. Plaintiff is SCOTI L. HOOVER, who currently resides at, and whose mailing addressis, P.O. Box 233, Newburg, Cumberland County, Pennsylvania, since November, 2000. 2. Defendant is AMY S. HOOVER, who currently resides at, and whose mailing address is, 1301 Mary Avenue, Shippensburg, Franklin County, Pennsylvania, since April 1999. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 21, 1995, at Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. '~''''~'',pr''''''P'''''O~~~4Il..""".;,, ,~, ~~ ,.,.....,~ -- _""''1' ~..._,_ '.\J 'l', ;,",~,.,'''''~'", 0I!I'''0'_' " 7. Plaintiff avers that he has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by his attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaintiff further avers that he has been advised that the choice of a qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 8. Plaintiff requests the Court to enter a decree of divorce. COUNT 11- CUSTODY 9. PlII1Igr1lphs I through 8 are incorporated herein. 10. Plaintiff seeks Partial Custody of the following chi1d: Tyler Scott Hoover, born October 3, 2000. The child was not born out of wedlock. The child is presently in the custody of the Defendant, Amy S. Hoover, who resides at 130l Mary AVenue, Shippensburg, Pennsylvania Since birth, the child has resided with the following persons and at the following addresses: (list all persons, addresses, dates) Mother at 130l Mary Avenue, Shippensburg, Pennsylvania The mother of the child is Amy S. Hoover, currently residing at 1301 Mary Avenue, Shippensburg, Pennsylvania She is married, separated and the Defendant in this divorce action. The father of the child is the Plaintiff, Scott L Hoover, currently residing at 8 East Main Street, Newburg, Pennsylvania He is married and separated from the Mother. '-r' ;J1!; ~. , , , 11. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following person(s): Pat Smith. Plaintiff's mother. 12. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following person(s): Tyler S. Hoover. 13. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child(ren) in this or another Court. Plaintiff has no information of a custody proceeding concerning the child(ren) filed in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rigllts with respect to the child. 14. The best interests and permanent welfare of the child, will be served by granting the relief requested because Defendant has repeatedlt refused to allow any contact and visits between the child and Plaintiff and Plaintiff desires to provide parental nuturing to the child. Plaintiff desires to provide care for the child during the day hours Mother is working when Father can do so prior to his going to work rather than have the child go to the babysitter. Mother has refused to agree or al.low such care by Father. 15. 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 WHEREFORE, Plaintiff requests the Court to grant Partial Custody of the child to Father, Scott L. Hoover at such times and for such periods as the Court shall find reasonable under the circumstances. ~~'t- Attorney for Plaintiff, Scott L. Hoover 701 East King Street Shippensburg P A 17257 (717) 532 - 9476 Date: o/c2b!tJ I "'" ~"","~=",~.3, ~~. l!,~ ,~ ~ , ~~~. ~ ~'~! -~ . , , ;;!ii' .' , ., VERIFICATION I verifY that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. Date: q /~ J 01 f I .L~ ')J.;--.vo- SCO L. HOOVER ," -;-~"",,^,,"'~~ ~''f''"'" ~,_"'~ ,-~~~ . ~ '''l''''''''. , - ~~ __ ;:I:f- J..n ~ - ()C~ '. ~~ ., ~ --\- ~ -+:. - ~t;~ B % ~ (:j~~ J:r r- f:) ~~p ~;:- Z. D- (\) ) ",-. 1,T! ~: :z= ~~ -ro,o _. ~:> \., ' >. ...--'C. .=:;; .,.-:.- :.:;2 il"I..,."..,.,.,.,_llJJ1!flf~"_J,Uli"f~R~~!%'fW~~~'if!:l~~llE~~;jfS~"Ff:"-XH""e-;'1',',Y ,; - ~ c) "'~) f=:. I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA SCOTT L. HOOVER Plaintiff, CIVIL ACTION - LAW vs. NO. 01-5762 AMY S. HOOVER Defendant. IN CUSTODY ORDER OF COURT NOW, fJ~ 17' and Agreement, it is hereby ordered as follows: , 2001, upon consideration of the within Stipulation I. Amy S. Hoover ("Mother") and Scott L. Hoover ("Father") shall have shared legal custody of the child, Tyler Scott Hoover, born October 3, 2000 ("the child"), within the meaning of the laws of the Commonwealth of Pennsylvania. 2. Mother shall have the primary residential custody of the child. 3. Father shall have periods of partial custody of the child as follows: A. Father shall have physical custody of the minor child every Tuesday from 7:00 AM to 3:00 PM, commencing November 20, 2001. B. Father shall have physical custody of the minor child every other Thursday from 7:00 AM to 3:00 PM, commencing November 29,2001. C. Father shall have physical custody of the minor child every other Sunday from 11 :00 AM to 7:00 PM, commencing November 25, 2001. D. Father shall have physical custody of the minor child on Christmas from 10:00 AM to 4:00 PM, commencing December 25,2001. E. Father shall have physical custody of the minor child on Father's Day from lO:OO AM to 4:00 PM. F. Father shall have physical custody of the child on the Father's birthday from 10:00 AM to 5:00 PM, commencing July 20, 2002. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 I,,,,,..,~,,,, ~ '. " _~, ~ -" ,'- ~,-' '," 1, - ~ -~~ . ffl~ - _u _w'V~' '" '-"'~lIIin- l111"1IT"''lI' " , 1 t --- --- I 'P~ (} E,S ...;, 0l+ ~~.. ,~,I!!!f4!!, ~. <"_"_"__~J.,~~"" J~~~~~~~~;'f.;If;;""t';;':;ii~f'"'~;"'l;:"':~;"'~1,"",i":""-%' '''''-'''~-'''i;~~!1l!j.I-~~~~~ ;,,,, 4. The parties shall alternate physical custody of the child on the following holidays: A. Thanksgiving Day from 10:00 AM to 5:00 PM with Mother exercising partial custody on Thanksgiving Day, 2001. B. Easter Sunday from 10:00 AM to 5:0.0 PM with Mother exercising partial custody on Easter Sunday, 2002. 5. Father and Mother shall share all educational and medical information concerning the child and shall keep the non-custodial parent advised with respect to any medical emergencies. 6. The costs for the preparation and filing of this Stipulation shall be borne by Mother. By the Court, J. W~IGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 ~- , ,; ,. ~ ~ '" I ,.f _ _, "I - "', -.. . ~._-~_.~~~'. -"-.,- ~,-~'" ~"~-,~~'" Ji ""- "'Of" ""'"'" ""-"""lriJ't'j"\:r~'"''" , \i\~'W9~~)~~~~'Nn8 \ \""n, '- N"1~\i.....". ^ \ . \\VI] \J ," ,"y,'\ \ \"\ ",-~, 1",1" 1" \)0 \'.Jt r"\' (\)J.;fU"):\'1";',',-_;:;' I '-' -:\~);:,-.i',..''- :,\" !1Il!~"'~_ I~" 1!,~i!!'ilr'iJJ~.IJl_~_ .I\f.~!~ '"."""'____"lr.m,:'l"~mJ'liIiID~~~p ,_0-,__ "",,~~:'r~r,;",)')~,n-",,(..,,,j'-~- "-'j:",,,,'h,,,,--j"J.G',,,\~~P'~l,~~~:~~~:~~~:j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT L. HOOVER Plaintiff, CIVIL ACTION - LAW VS. NO. 01-5762 AMY S. HOOVER Defendant. IN CUSTODY STIPULATION AND AGREEMENT This Stipulation and Agreement is made this day of ,2001, by and between Amy S. Hoover of 1301 Mary Avenue, Shippensburg, Pennsylvania 17257, (hereinafter referred to as "Mother") and Scott L. Hoover of PO Box 233, Newburg, Pennsylvania 17240, (hereinafter referred to as "Father"). 1. Amy S. Hoover and Scott L. Hoover are the natural parents of Tyler Scott Hoover, born October 3, 2000, hereinafter referred to as "the child". 2. Amy S. Hoover and Scott L. Hoover were married at the time of the birth of the child. 3. Scott L. Hoover has initiated a custody action with the Cumberland County Court and the parties are currently subject to an Order of Court and Directive for Conciliation with a pre-hearing custody conference scheduled for Wednesday, November 14, 2001, at 1 :30 PM. 4. The child is presently in the care and custody of Mother. 5. None of the parties know of any person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 6. During the last five years, the child has resided with the following persons and at the following addresses: NAME Amy Sue Hoover ADDRESS 1301 Mary Avenue Shippensburg, P A l7257 DATE October 3, 2000 (birth) to present 7. The parties have reached an agreement with regard to the custody of the child and desire to reduce their agreement to an Order of Court. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257~1397 ,1",_0;,,_, ~"r'xm-' " - '1 _ ,. , 0 .-C ,_" '~__<, ;z:, NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, , 2001, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: I. Amy S. Hoover ("Mother") and Scott L. Hoover ("Father") shall have shared legal custody of the child, Tyler Scott Hoover, born October 3, 2000 ("the child"), within the meaning of the laws ofthe Commonwealth of Pennsylvania. 2. Mother shall have the primary residential custody of the child. 3. Father shall have periods of partial custody of the child as follows: A. Father shall have physical custody of the minor child every Tuesday from 7:00 AM to 3:00 PM, commencing November 20, 2001. B. Father shall have physical custody of the minor child every other Thursday from 7:00 AM to 3:00 PM, commencing November 29,2001. C. Father shall have physical custody of the minor child every other Sunday from II :00 AM to 7:00 PM, commencing November 25, 2001. D. Father shall have physical custody of the minor child on Christmas from 10:00 AM to 4:00 PM, commencing December 25, 2001. E. Father shall have physical custody of the minor child on Father's Day from 10:00 AM to 4:00 PM. F. Father shall have physical custody of the child on the Father's birthday from 10:00 AM to 5:00 PM, commencing July 20,2002. 4. The parties shall alternate physical custody of the child on the following holidays: A. Thanksgiving Day from 10:00 AM to 5:00 PM with Mother exercising partial custody on Thanksgiving Day, 2001. B. Easter Sunday from lO:OO AM to 5:00 PM with Mother exercising partial custody on Easter Sunday, 2002. WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 -"'W;~~''''-'''r e", , ' I'IIlM!I 5. Father and Mother shall share .all educational and medical information concerning the child and shall keep the non-custodial parent advised with respect to any medical emergencies. 6. The costs for the preparation and filing of this Stipulation shall be borne by Mother. By the Court, J. The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this agreement, execute this Agreement by signing below. J2tA1t;": I (UrfiS) I Witness ! C\mu ~ ~~Q\\) AMY S.~ OVER .. - ?}6. JUJ ~ 1&A;(1.~~ SCOTT'L. HOOVER Respectfully submitted WEIGLE, PERKINS & ASSOCIATES q fL Je A. Wigle, Esquire Attorney for Defendant Attorney ID #Ol624 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 ( By: WEIGLE. PE~KINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 -""fi"cl_;~~~_ .",,.,, _ ~ T_ ~' ~ I " : ~ , " '-._~ , -- 1::" I! -"--~ I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ~~VER~l~L Ii Ii !I " " " , I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to falsification to authorities. Dated: It /4 ~~ ~ PlL ,'t,,vVv SCOTT r::. HOOVER WEIGLE, PEFtKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 -, , ""~ "'-'1 !IIIII!lIl!l~ " 'i'lnlll!ll'!'l,AtlXJ ;"i~[!t1lrUI]._r::f'!i]!,mA,~~__lJ",!!N~~1!W~Ii'i:.'".,,\#U5i~ "1 rl rl1lillml r"~"- nmr 0 0 () C "n s: - "'"Ow - C) nll....l'1 ...::;: ::-.0 Z::n r' ZC' ---,!nl cry ).> J;.- ~~ ~.Z ;<0 -0 ~,.. ~-~ :x i~-i~ Zt." -.0 ~ Pc ()' - ~ -", )> (J"\ :0 -< c.Jl~~""-"'l._ ~~~,-_:""'7 _~~-~'*!'[4:;;;'0;~r?)!11-'-w,-"-'--o"F;-'.",,"-,';-!-;-ni,'~&!~1Illl!!~!~~if> il1- II) NOV 2 9 2001 . SCOTT L. HOOVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : NO. 2001-5762 CIVIL TERM AMY S. HOOVER, Defendant : CML ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 200l, the Conciliator being notified that the parties have reached an agreement in the above captioned matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~.~ eM. Verney, Esquire, Custod onciliator 'i'l!I\>'<;~, ~", '_ '] -~-~~" .1 -~ --- III Will "~~'.-"'~ - -. ., ,-. ,~- ~, ,~ .- - ,<",'""" ~ ~-'>'~"-,_~'eok"''''i-ii~- ''''~ l'~-W"~~'-.-~'4<' ~" o .V~ rnr-r ~,-- W>~ ~('. ~f 2: =~ c ~::J ,"-1 ;--") I <,:V', I i1m~1ii'- .~."c :_11 r<; '~ ll!!!!m~~~"",~"",~~~'il,*bli~"\~e,~if,;-' ,,,~':_'''!-''''_''WJ',''',,,,''1"J''!_-;!,WD'il'.I~~W.!(''il!tS-lli11~~iJ;~~~'r-l,,1tif'!l"~,mlW1~~~F:;i ` ' f1U~.J 1 ~ ZU10 SCOTT L. HOOVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA °' CIVIL ACTION -LAW AMY S. HOOVER, : NO. 01-5762 Defendant IN CUSTODY AND NOW this q` da of _ I~~ s ••.. '~ I ~ Y , 2010, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT: K ~ A. Hess, P J. Kara W. Haggerty, Esquire, For the Plainti.,~' Jerry A. Weigle, Esquire, For the Defendant ~i es /~.u, , ~eAr g~9 ~Id N c_= a ~ ~; ,. .. ~ , _ -., U , ,__. ~--' „p e:~ ._ _. _ _ ,o -<-, - ~ ~. _ ~, ~ .. ?-4 Townsend Law Office V. 7W"MVd 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Scott L. Hoover, Civil Action - Law= Plaintiff z= z , c VS. No. 01- 5762 Vim , Amy S. Hoover, P. J. Kevin A. H Defendant Custody 5? o ?i ORDER OF COURT NOW, l1"' , 20d/ , upon consideration of the following Petition for Transfer To Franklin County Pursuant to PA.R.CA 1915.2(a)(1)(i) and PA.R.C.P. 19152(d), IT IS HEREBY ORDERED as follows: 1. A rule is issued against Defendant, Amy S. Hoover, Respondent herein, to show cause, if any she has, why Plaintiff/Petitioner is not entitled to the relief requested. 2. The respondent shall file an answer to the Motion within 2 days of receipt of this Order; said answer shall be served on counsel for the petitioner and a copy provided to the undersigned. 3. The Motion shall be decided under Pa.R.C.P. No. 206.7; 4. Depositions shall be completed within days of receipt of this Order; 5. Argument and/or hearing shall be held on / S , 201/ at / % ! S m. in Courtroom _!!j of the Cumberland County Court House; 6. If paragraphs 4 and 5 are not completed, depositions and/or argument will be considered upon the request of either party. 7. NOTICE OF THE ENTRY OF THIS ORDER SHALL BE PROVIDED TO ALL PARTIES BY THE PETITIONER. By the Co , -/ gar., B Townsend , ? 1Pip 61-1 A. U0MIs E?'% 81u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Scott L. Hoover, VS. Amy S. Hoover, Plaintiff Civil Action - Law No. 01- 5762 7s- J. Kevin A. Hes. ' P. Defendant Custody ??3 lsJ AFFIDAVIT OF SERVICE' STATE OF PENNSYLVANIA SS COUNTY OF FRANKLIN wa Barbara B. Townsend, being duly sworn according to law deposes and says that she served a true and correct copy of the Order of Court, Petition for to Transfer Case Due to Improper or More Convenient Venue upon Jerry Weigle, Esquire, by regular mail on November 22, 2011, from the United States Post Office in Chambersburg, Pennsylvania. Barbara B. Tow end B. i - Notary Public COMMONWEALTH OF PENNSYLVANIA NOTAL SEAL„ e D. PiNotary Public rsburg , Frank lin County LChe:-.: COMWO rod lone 09 Z01S Townsend Law Office Fa . ' i1 i i `? P =' f &44" iT ?"wood 2 zill 12 FFB 7 P.M 10: 1, 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 MI• _ L9I?W1;, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Scott L. Hoover, Civil Action - Law Plaintiff . VS. No. 01- 5762 Amy S. Hoover, P. J. Kevin A. Hess Defendant Custody ORDER OF COURT Now, this -' day of +J?•+? , 2011, It appearing to the Court that venue of this custody case is more properly in Franklin County, Pennsylvania, that being the child's residence continuously for six months immediately preceding the filing of the initial request for a custody determination and the child continuing, without interruption, to reside in Franklin County, q'+! W The above captioned action is herewith transferred to the 39th Judicial District, Franklin County Branch, Chambersburg, Pennsylvania for future proceedings. Plaintiff shall be responsible for all filing fees of the transferred action in Franklin County. By the Court f,?y A &p,e5 Py U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Scott L. Hoover, Civil Action - Law Plaintiff VS. No. 01- 5762 Amy S. Hoover, P. J. Kevin A. Hess Defendant Custody PETITION FOR TO TRANSFER CASE DUE TO IMPROPER OR MORE CONVENIENT VENUE PURSUANT PA.R.C.P. 1915.2(a)(1)(i) and PA.R.C.P. 1915.2(d) Now comes Scott L. Hoover, Plaintiff, by his attorney, Barbara B. Townsend, Esq., and requests relief based upon the following: 1. The plaintiff is Scott L. Hoover, hereinafter Father, residing at 14 Osprey Way, Shippensburg, Cumberland County, PA 17257. 2. The defendant is Amy S. Hoover, hereinafter Mother, residing at 1301 Mary Avenue, Shippensburg, Franklin County, PA 17257. 3. Father seeks transfer of the custody action related to the following child: Name Present Residence Age Tyler Scott Hoover 1301 Mary Avenue 11 Shippensburg, Franklin County, PA The child was born in wedlock. 4. On November 19, 2001, this Court entered an order based upon the stipulation of the parties, a copy of which is attached hereto, incorporated herein and marked Exhibit A. 5. At the time of the commencement of the action and the entry of the order, the child resided at 1301 Mary Avenue, Shippensburg, Southhampton Township, Franklin County, Pennsylvania, and had resided there for the six months immediately preceding the commencement of the action. 6. Since November 19, 2001, to present, the child has continued to reside principally in Franklin County with Mother at 1301 Mary Avenue, Shippensburg, Southhampton Township [Mainsville], Franklin County, Pennsylvania. 7. The Court was never informed as to the county in which the child had a domiciliary residence. 8. On August 9, 2010, this Court entered another modified Order regarding the custody of this child based upon the stipulation of the parties. 9. Although Father currently lives in Cumberland County, his residence is less than a quarter mile from the Franklin - Cumberland County line. 10. Mother and the child reside in Franklin County and have for more than eleven years. 11. Father avers that Franklin County Court House is more convenient and closer for his travel than the Cumberland County Court House. 12. At the time the action was originally brought, the proper venue for the custody action was Franklin County as this had been the child's residence for the six consecutive month period prior to the commencement of the action. 13. Franklin County Court House is closer to Mother's home than Cumberland County Court House. 14. Almost all of the witnesses that would be called upon to testify in the matter reside in the Shippensburg and Newburg area, where the Franklin County Court House is closer to their residences than Cumberland County. 15. The initial action in custody was brought as a count to a divorce complaint. For purposes of divorce action only, Cumberland County was a proper venue, as Father resided in Cumberland County at the time; but the divorce could also have been pursued in Franklin County as that was Mother's residential county. 16. Father intends to seek modification of the existing custody order because of a change in circumstances. 17. Father requests that this Court transfer the action to Franklin County for further proceedings. 18. Notice of the intention to file this petition has been provided by fax to Defendant's attorney, Jerry A. Weigle, who has failed to respond to the requested relief. Barbara B. Townsend, Esq. Attorney for Plaintiff, Scott L. Hoover S.Ct.# 23174 32 West Queen Street Chambersburg, PA 17201-2121 (717)267-3244 VERIFICATION I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. Date: I I- I S -1 1 N H M r1 C? th H O N