HomeMy WebLinkAbout99-03256
U,t4 JUN --1 '199j
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WALLACE D. HOAG, III
Plaintiff,
V.
No. qQ - 3 .SG ?.cut? -
T-Civil Action - Custody
PATRICIA A. HOAG
Defendant
ORDER
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and
their respective counsel appear before the Custody Conciliator 1)a ")n S r?una ?u\3
Esquire, on the G_day of • ?1999 at.) , -Mp.m. at the following
location, 'S? \&)
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 upon request of either party. Failure to appear at the Conference may provide
grounds for entry of a temporary or permattent Order.
FOR THE COURT
Date: lo(10/R9 (`IStY1tT(1 1
Custody Conference Officer Ceb 1
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(71? 249-3166
99 J1?',: 10 Pik ?? 50
,?; ; J;iUi?•fllr
1 ' ;lrr
V?
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of 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 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.
Lee E. Oesterling, Esquire
Attorney I.D. #71320
20 South Market Street
Mechanicsburg, PA 17055
Attorney for the Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WALLACE D. HOAG, III
Plaintiff,
No. 9 9 _ 3.2
S?. t?,ri Q Ti--
v. Civil Action - Custody
PATRICIA A. HOAG
Defendant -
COMPLAINT FOR CUSTODY
1. The Plaintiff is Wallace D. Hoag, an adult individual, sui juris, who resides at 409 Hogestown
Road, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, 17055.
2. The Defendant is Patricia A. Hoag, an adult individual, sui juris, who resides at 308 i6 Second
Street, City of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, 17025.
3. Plaintiff seeks custody of the following children:
Name Present Residence Age
j Shawn M. Hoag 409 Hogestown Road, Mechanicsburg, PA 17055 4 years (12.16.94)
4. The child was born in wedlock.
5. The child is presently in the custody of Plaintiff.
6. During the past five years, the child has resided with the following persons and at the
following addresses:
Person Address Dates
Wallace & Patricia Hoag Bridge Street, New Cumberland Birth to
1996
Wallace & Patricia Hoag 409 Hogestown Road, Mechanicsburg 1996 to
12.98
Wallace Hoag, III 409 Hogestown Road, Mechanicsburg 12-98 to
present
7. The mother of the child is Patricia Hoag.
8. She is married.
j
9. The father of the child is Wallace Hoag, M.
10. He is married.
i
11. The relationship of plaintiff to the child is that of biological father.
12. The plaintiff currently resides with the following persons:
Name Relationship
Shawn M. Hoag Daughter
13. The relationship of defendant to the child is that of biological mother.
14. The defendant currently resides with the following persons:
Name Relationship
Wayne Sealhammer Male Friend
Unknown Male Roommate
15. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
16. Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth.
17. Plaintiff does not know of a 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.
18. The best interest and permanent welfare of the child will be
a
served by granting the relief requested because:
a. Since the birth of the child, Plaintiff has provided and continues
to provide a stable living environment.
b. Plaintiff has been the primary custodian and caregiver of the child
since birth.
C. Plaintiff has maintained a relationship with the child that has
provided a sound and stable environment for the physical,
intellectual, emotional and spiritual well being of the child.
d. Plaintiff has maintained the child's contacts with extended family , friends
and other care providers.
19. 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. All other persons,
named who are known to have or claim a right to custody or visitation of the child will be given, notice
of the pendency of this action and the right to intervener
Name
NONE
Address Basis of Claim
WHEREFORE, plaintiff, Wallace D. Hoag, III requests the court to grant him custody of the child.
Respectfully Submitted,
HAZLETT &
Lee E. Oesterling, Esquire
Attorney LD.N 71320
20 South Market Street
Mechanicsburg, PA 17055
(717) 790-0490
Attorney for Plaintiff, Wallace D.Hoag, III
L {
VERIFICATION
1 verify that upon personal knowledge or information and belief that the statements made in this
Complaint are true and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities.
J
Plaintiff "L'
Date: 6'1'7 - 9
?, S
a ,?
m
J
N
m
??
c?
? ? ??
??, ?
r'.
?>
,.,
4..
C'?
C ?.
., .
II
I Li.
?l
?.)
?„ . .
?,
(.? i ?;
',
I?_ "
t•
(J
( ?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WALLACE D. HOAG, III
Plaintiff,
No. 99-3256 Civil Term
V.
Civil Action - Custody
PATRICIA A. HOAG
Defendant
I hereby certify that on the 8th day of June , 1922, a true and correct copy of the
Complaint in Custody and Conciliation Order in the above-captioned matter, was served upon the
persons and in the manner listed below:
Service by Certified Mail, Return Receipt # P405056816, and,
Service by First Class Mail Postage Prepaid addressed to the following:
Mrs. Patricia A. Hoag
308 t/2 Second Street
West Fairview, PA 17025
The original Return Receipt is attached hereto, marked as Exhibit "A", and incorporated by
reference.
-611C 2W
vAsh to recd
_..._.....?........
Lee E. Oesterling, I.D. # 71320 tonw^ng WAGSa (lot an
y ic""°`W ?•?' wa?amwd?w'a`i`µumW. ,s Addrees
Attorney for Plaintiff ?e
22 South Market Street • M°.n«+3•fA •"'w ao°'"01 DoUvOly
Mechanicsburg, PA 17055 •P'; ",.ae+^r p"°''°"?2'? Rmrescrtortw
n..n
CM,y'd° 1
(717)790-0490 9 '°""wm. 'e" ?Moeoubp?ow ur°'°'
.W? PwM?':= t°"t°"' 4a. 405 Nu"16°r
MO 056 ti16 i
°P
reated to: Type Ted AD. A, NOAG D ReO °Ty d
t4fts - PATRI ND STREET oe Mep
308 SECOND PA 17025 p w ?
Y7EST FAIRVIEYI? l7PstwnpIptk' r
pe Ivory
7. DOW o1 ?
and (go IS pold)
Ilk ~ y! (Pont
or mostlc ewm ecept
yt i
11 e' / n iiw aA?
_ ?r,.m 3is11, r
'`:
CJ
Q,
U al U
o?
w
4,
U p
C H
HF
to Am
? A y.0
?
W ~
W
a
Rq? ¢
vi
?ta ,a
o io Ei a > a ' N Eat ?°
H Ma a ? E3?
M Q [
n Rim
oo
U ?
7
U V pp
V ?
2
?? s a
V• •
JUL t ? t99,9?
Y
WALLACE D. HOAG, III, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-3256 CIVIL TERM
PATRICIA A. HOAG, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this day of , 1999, upon
consideration of the attac ed Custody Conc liation eport, it is ordered
and directed as follows:
1. The Father, Wallace D. Hoag, III, and the Mother, Patricia A.
1994. shall
Each shared
an custody equal of Shawna to M be Bexercised ointl lyyrwi16,
th
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.
3. The Father shall have primary physical custody of the Child.
4. The Mother shall have partial physical custody of the Child on
alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m.,
beginning on Friday, July 9, 1999. During weeks preceding the Father's
periods of regular weekend custody, the Mother shall also have custody of
the Child on Tuesday and Thursday from 6:00 p.m. until 8:00 p.m.
5. The parties shall share or alternate having custody of the Child
on holidays as follows:
C HRI.SDW: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26
at 12:00 noon. The Mother shall, have custody of the Child
during Segment A in odd numbered years and during Segment B in
even numbered years. The Father shall have custody of the
Child during Segment A in even numbered years and during
Segment B in odd numbered years. When the child is enrolled
in school, the mother shall have the option to have custody of
the Child for one week during the remainder of the Christmas
school break.
B. ALTERNATING HOLIDAYS: The parties shall alternate having
custody of the Child on Easter, Memorial Day, July 4th, Labor
Day, and Thanksgiving. The alternating holiday schedule shall
begin with the mother having custody of the Child on Labor Day
in 1999.
y
C. MOTFII IS DAY/FATHER'S DAY: The Mother shall have custody of
the Child every year on mother's Day and the Father shall have
custody of the Child every year on Father's Day.
D. CHILD'S BTIrH AY: The parties shall equally share having
custody of the Child on her birthday each year.
E. Unless otherwise specified, the specific times for exchanges
of custody over holidays shall be arranged by agreement of the
parties.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
6. During the summer in 1999, the Mother shall have extended periods
of custody with the Child from July 16 through July 23 and for two
non-consecutive weeks in August to be scheduled by agreement of the
parties. During future summers, the parties shall equally share having
custody of the Child with the specific schedule to be arranged by agreement
of the parties.
7. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
BY THE COURT,
J.
cc: Lee E. Oesterling, Esquire - Counsel for
James Bach, Esquire - Counsel for Mother
O?1
;? ?/
?A •?•`?1 ?!•?)
J !?~??
%?-?f
1
/? ? ?"
„??. /.?, JTI
<i ?.;-. cis
WALLACE D. HOAG, III
Plaintiff : IN THE COURT OF COMMON PLEAS OF
Pl : CUMBERLAND
COUNTY, PENNSYLVANIA
VS. : NO. 99-3256 CIVIL TERM
PATRICIA A. HOAG, : CIVIL ACTION - LAW
Defendant CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
1915.3-5, I e ACundersigned CORDANCE
Custody a Conciliator submits the following report: MMDUM
1• The pertinent information concerning the Child who is the subject
of this litigation is as follows:
N DATE OF BIRTH
---_.. CURRENTLY IN CUSTODY OF
Shawna M. Hoag December 16, 1994
Father
2. A Conciliation Conference was held on July 6, 1999, with the
following individuals in attendance: The Father, Wallace D. Hoag, III,
with his counsel, Lee E. Oesterling, Esquire, and the Mother, Patricia A.
Hoag, with her counsel, James Bach, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
7 f l?
Dawn S. Sunday, Esquir
Custody conciliator