HomeMy WebLinkAbout99-072051, ?
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CATHLEEN A. HOCKENBERRY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-7.1t)5 'CIVIL TERM
KEVIN E. HOCKENBERRY IN CUSTODY
ORDER OF COURT
AND NOW, this -1 day ofZ)ZC, 1999, upon consideration of the attached
complaint, it is hereby directed that the pa * s and their respective co uunsel appear before
Qs-?nSs, k4P'.ithe conciliator, at h1.l?0.t tt?41?a+?b hc._)9 day of tl , AT), atcl Q .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. All children age five or older
C may also be present at the conference. Failure to appear at the conference may provide
grounds for entry of a temporary or pennanent order.
FOR THE COURT,
By
Custody Conciliator
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.
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
717-24 9 -3 166
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CATHLEEN A. I-iOCKENBERRY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-7.3o* CIVIL TERM
KEVIN E. HOCKENBERRY IN CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Cathleen A. Hockenberry who resides at 159 "D" Street,
Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Kevin E. Hockenberry who resides at 203 A Front Street,
Boiling Springs, Cumberland County, Pennsylvania, 17007.
3. Cathleen A. Hockenberry and Kevin Hockenberry are the natural parents of
Tylor Ray Hockenberry born January 19, 1994 in Carlisle, Pennsylvania.
4. Plaintiff seeks custody of Tylor Ray Hockenberry.
5. The child is presently in the custody of plaintiff.
6. The child lived with both parents at 159 "D" Street, Carlisle until the father
left the marital residence on October 23, 1999.
7. 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.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to time proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
8. The best interest and permanent welfare of the child will be served by granting
the relief requested because the child will have a stable home with plaintiff and plaintiff
will promote the relationship with his father.
9. Each parent whose parental rights to (lie child have not been terminated and
the person who has physical custody of the child has been named as parties to this action.
WHEREFORE, plaintifTrequests the court to grant primary custody to her with
partial custody in the father.
Frances H. Del Duca
Attorney for Plaintiff
Dated: November 30, 1999
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I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein arc made subject to the penalties of 10 Pa.C.S.
Sec. 4904 relating to unswom falsification to authorities.
Dated: /q9 Cf +h 4.r, 0 Q6 n eA
Cathleen A. Hockenberry (?
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CATHLEEN A. HOCKENBERRY IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-7205 CIVIL TERM
KEVIN E. HOCKENBERRY IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this day of December, 1999, I hereby acknowledge receiving
a copy of the Complaint in Custody filed to the above term and number and an Order
setting a hearing for January 25, 2000.
Kevin E. Hockenberry
SUBSCRIBED and sworn to before
me this u day of December, 1999.
Notary Public
NOTARIAL SEAL
1%HIRLc-Y P. CLEVENOER. NOTARY PUBLIC
'• Carilr!o flctcnph, Cumbo•P:ax7 Gouary r
My Comml5alon Explrns March 5, 2000 i
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CATHLEEN A. HOCKENBERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-7205 CIVIL TERM
KEVIN E. HOCKENBERRY, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this A day of / „ at"rk , 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Mother, Cathleen A. Hockenbercy, and the Father, Kevin E.
Hockenberry, shall have shared legal custody of Tylor Ray Hockenberry, born
January 19, 1994. Each parent shall have an 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 his health, education and religion.
2. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. During the remainder of the 1999-2000 school year, the Father
shall have custody of the Child on alternating weekends from
Friday between 5:00 p.m. and 5:30 p.m. through Sunday at 4:00
p.m. and for 2 weekday overnight periods each week from
between 5:00 and 5:30 p.m. through the following morning at
7:30 a.m., with the specific weekdays to be selected by
agreement of the parties.
B. During the school year, beginning with the 2000-2001 school
year, the Father shall have custody of the Child on
alternating weekends from Friday between 5:00 p.m. and 5:30
p.m. through Sunday at 4:00 p.m., for 1 weekday overnight
period from between 5:00 p.m. and 5:30 p.m. through 7:30 a.m.
the next morning and for 1 weekday evening period of custody
from between 5:00 p.m. and 5:30 p.m. through 7:30 p.m.
C. During the summer school break each year, the Father shall
have custody of the Child on alternating weekends and for 2
weekday overnight periods as provided in subparagraph A of
this provision.
D. The Mother shall have custody of the Child at all times not
otherwise specified for the Father under this provision.
3. Each party shall be entitled to have custody of the Child for 2
weeks (either consecutive or non-consecutive) during each summer school
break upon providing 30 days advance notice to the other party.
4. The parties shall share or alternate having custody of the Child
on holidays, with the specific dates and times to be arranged by agreement
of the parties.
5. The Father shall not consume alcohol during his periods of custody
with the Child.
6. 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 COUR
J.
cc: Frances H. DelDuca, Esquire - Counsel for Mother 0?
Kevin E. Hockenberry, Father
OY T`FILED?'?OCOTARY
00 MAR 16 AM 9' 11
CUNIBERU?ND VANA f iY
CATHLEEN A. HOCKENBERRY, . IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-7205 CIVIL TERM
KEVIN E. HOCKENBERRY, CIVIL ACTION - LAW
Defendant CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND CDUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Tylor Ray Hockenberry January 19, 1994 Mother
2. A Conciliation Conference was held on March 2, 2000, with the
following individuals in attendance: The Mother, Cathleen A. Hockenberry,
with her counsel, Frances H. DelDuca, Esquire, and the Father, Kevin E.
Hockenberry, who is not represented by counsel in this matter.
3. The parties agreed to entry of an order in the form as attached.
//7&4'r? 4 ';060 lo.?.? 4 :, .,Oar,
Date Dawn S. Sunday, Esquire
Custody Conciliator