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HomeMy WebLinkAbout07-3983T ERICA L. HOOVER, Plaintiff v. BRAD FAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 67 -3 y g 3 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Erica L. Hoover, an adult individual who currently resides at 8 Wagner Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Brad Failor, an adult individual who currently resides at, 826 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the parents one minor child, namely, Caleb E. Failor, born July 27, 2005. The child was born out of wedlock. The child is presently in the custody of Plaintiff at 8 Wagner Drive, Shippensburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Erica L. Hoover 8 Wagner Drive March, 2007 to Nancy Hoover Shippensburg, Pennsylvania Present Dale Hoover Erica L. Hoover 6046 N. Baltimore Avenue March, 2006 to Mt. Holly Springs, Pennsylvania March, 2007 Erica L. Hoover Plaza Drive April, 2005 to Brad Failor Boiling Springs, Pennsylvania March, 2006 The natural father of the child is Brad Failor, currently residing at 826 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. He is not married. The natural mother of the child is Erica L. Hoover, currently residing at 8 Wagner Drive, Shippensburg, Cumberland County, Pennsylvania. She is not married. 4. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Caleb E. Failor Son Nancy Hoover Mother Dale Hoover Father 5. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship 6. 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 or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because mother has been the primary physical custodian of the child. 8. 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 below, 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 intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the child. Date: ~~ ~' ~ 7 Respectfully submitted, O'BRIEN, BARK & SCHERER ~ti~ Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Custody 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 unsworn falsification to authorities. DATE: ~u-~Q., 2 S ~ ~ a~ ~' Era oover ~~ `„~ ~~ o -gip _- ...., --~ ~, ~- r_~ ~ Cr~~ ~ -r'1 "` ~~_~ ~= ^ 1 --.. ~A •-.j.3 a ~~, Or - ,..~t..~ `o `~ --- '~xi A~ --_ `< ~~ ., ERICA L. HOOVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRAD FAILOR DEFENDANT • 07-3983 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 09, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 09, 2007 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . 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 32 South Bedford Street Carlisle, Pennsylvania. 17013 Telephone (717) 249-3166 ~~ `~s~,~ ~ -'.' ~ ~ ~~ !~'~' ~ _~ 1~'1.~f'' ~~A.,~~r'11 t ,~ L. J '~~ ~ ~ ~ li i~ ~U1fG ~ d ~/- ~, ~0 O/ gyp- o~~~ h~i~Zi~v:~a~ ~~~ti^d aP-Il ~0 AUG 102007pt~ ti ERICA L. HOOVER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . No. 07-3983 Civil Term BRAD FAILOR Defendant :ACTION IN CUSTODY COURT ORDER AND NOW, this ~' ~ay of August, 200?, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Mother, Erica Hoover and the Father, Brad Failor, shall enjoy shared legal custody of Caleb E. Fallor, born July 27, 2005. The parties shall have an equal right 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 Mother shall enjoy primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child one day per week for four hours, or overnight as the parties may mutually agree, and every other weekend from Saturday 9:00 am until Sunday 7:00 pm. 4. The non-custodial party, or their representative, shall pick up Caleb Failor for the exchanges. 5. Holidays with Caleb Failor shall be shazed as mutually agreed upon. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7. The parties shall refrain from making derogatory comments about the other party in the presence of the Child, and to the extent possible, shall prevent third parties from making. such comments in the presence of the Child. 8. This Order is entered pursuant to 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. ~~ ~~~ ~~"~ S ~ ~~~ LQ~~ ~,~ ~~`4~i ., ~ ~wL ~c~ V~Y\. ,~{.Jw4 ..~ ~~f.~~ .s-~~~i{~1 Cc: Michael A. Scherer, Esquire John J. Mangan, Esquire Brad Failor, 826 Doubling Gap Rd., Nevwille, PA ERICA L. HOOVER, Plaintiff v. BRAD. FAILOR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3983 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915,,3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigationis as follows; Caleb E. Failor, born July 27, 2005, currently in the primary physical custody of Plaintiff Mother. 2. A Conciliation Conference was held on August 9, 2007 with the following individuals in attendance: The Father, Brad Failor did not appear and is apparently pro se The Mother, :Erica HooverNicole Engle, with her counsel, Michael Scherer, Esquire. 3. .The parties agreed to the entry of an Order in the form as attached. Date: August 9, 2007 ~- _ . Jo J. gan, Esq ' e C tody Conciliato OM ~' LILAKIS Michelle L. Sommer, Esquire AttorneyZD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 ERICA L. HOOVER, Plaintiff/Petitioner v. BRAD FAILOR, Defendant/Respondent ~ ~ ro Z~~ ~ ~ ` ~~, '~ k 3 R ~~ l ' , ~ i, ~ I ~ v • ~ 6t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3983 CIVIL TERM CNIL ACTION -LAW IN CUSTODY AND NOW, comes the Petitioner, ERICA L. HOOVER, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully Petitions for Modification of Custody, and in support thereof avers the following: 1. Petitioner is Erica L. Hoover, Plaintiff/Petitioner (hereinafter referred to as "Mother"), who currently resides at 775 Hamilton Court, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Brad Failor, Defendant/Respondent (hereinafter referred to as "Father"), who currently resides at 924 Gobin Drive, Carlisle, Cumberland County, Pennsylvania and is represented by Jane Adams, Esquire. 3. On or about June 7, 2010, .the parties executed a Custody Stipulation and Agreement, wherein the parties share legal custody of Caleb E. Failor .(hereinafter ~7a , ~~ af~ ~~~~ referred to as "ChiIc~') as set forth in the Custody Stipulation and Agreement attached hereto and made a part hereof marked "Exhibit A". 4. Father has primary physical custody of the Child. 5. Mother has liberal periods of partial physical custody with the Child, including every other weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m. 6. The Order was signed by the Honorable J. Wesley Oler, Jr., on June 14, 2010. 7. Paragraphs one (1) through six (6) of this Complaint are incorporated herein by reference as though set forth in full. 8. This Agreement should be modified because: a. Mother has experienced a change in circumstances that allow her to devote more attention to the Child based on her having a more stable personal life, and so she is requesting shared physical custody of the Child. b. Mother was previously in an abusive relationship, which required her to allow Father to have the Child on a consistent basis; as well as remove the Child from the unsafe situation that was occurring in Mother's home. c. The arrangement between the parties was entered into on a temporary basis until Mother was able to establish stability in her personal life. i. Unfortunately,- Mother was pro se during the signing of this Custody Stipulation and was unclear about several provisions; however, she was reassured by Father that this was a temporary agreement until Mother could remove herself from the difficult situation that she was currently experiencing at that specific. time in her life. ii. Prior to the signing of the Custody Stipulation, Mother is the one who had primary physical custody of the Child with Father having periods of partial custody; therefore, by the signing of the Custody Stipulation it reversed the roles completely. d. Mother has dealt with the issues that raised concerns earlier; and as a result is seeking to share custody with Father so the Child can benefit from the love and care that both parents can provide for the Child. e. With Mother no longer having personal issues, there is no compelling reason to not allow her to share in the physical custody of the Child. f. Mother and Father only have approximately 15 houses in between them; therefore, a shared custody arrangement would be beneficial to the Child in that he could spend a significant time with both his parents. g. Mother would also like to modify the current Custody Stipulation since the agreement states that the parties have Shared Legal Custody of the Child; however, it further states that "[i]n the event of an emergency, the party with physical custody shall make any emergency decisions, and contact the other party as soon as practicable after the emergency is handled." i. Since Father has physical custody of the Child, Mother is unable to be involved in emergency situations should one happen to arise and is not to be contacted until after the emergency is handled. ii. It is believed and therefore averred that this is not considered "shared legal custody" and the Custody Stipulation that was signed on June 7th was not an accurate reflection of what Mother wanted regarding legal custody. h. Mother would also like to modify the current Custody Stipulation since the agreement needs to be more specific in that the current holiday schedule is extremely vague in that it states "[t]he parties shall divide holidays, on a generally equal basis, with each party to have a -block of time with -the child on each holiday." ' i. It is believed and therefore averred that without a complete .listing of the holidays and times the parties are to have the Child, the parties are setting themselves up for conflict and debate for each and every holiday that approaches. ii. It is believed and therefore averred that since the Stipulation signed on June 7th is so vague it should more specifically outline the holidays and times the parties are to have the Child for the day. WHEREFORE, the Petitioner requests that this Court modify the existing Custody Stipulation and Order to accommodate the changed circumstances in Mother's life and address the outstanding issues regarding Legal Custody and the holiday schedule in the existing Stipulation. Respectfully submitted, ABOM ~r KUTULAKIS, L.L.P. DATE 1 I~~~ { W v Michelle L. Sommer, Esquire Supreme Court ID 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plainti~/Petitioner I, ERICA L. HOOVER, verify that the statements .made in this Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 9 Date E A L. JUN ~ ~~ 2010 ERICA L. HOOVER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3983 Civil Term BRAD TAILOR, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER AND NOW, this /y'~'~ day of -~i-wE , 2010, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on June 7, 2010, .shall be entered and incorporated into this Order of Court. BY THE COURT: }~~ O ~~ cc: Jane Adams, Esquire, for father Erica L. Hoover, self-represented <, TRUE Copy {~RO~ RECtJRD In Testimony whereof, I here into set my hand and then sea of said C urt at Carlisle, pa, This -~L' tiay of , j, , ~ ~ ,. ~~+~C_.,~, 20 Prothonota ~C~ ~~ F ~ r~^ T ~ :~',( ~~= ~ .._ . 1 ; :~ i ~ , LEI a ~~; i ~ gat '~~ -• r ~};,~ ,, 1ANE ADAMS _~ ~~,"'~~ ATTORNEY AT LAW Attorney LD. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esc~adanls<<?~nlaiLcom ERfCA L. HOOVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07 - 3983 Civil Term BRAD FAILOR, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION WHEREAS, the parties are the natural parents of one child, namely, Caleb E. Faitor, born July 27, 2005, and; WHEREAS, the parties wish to enter their stipulation as a court Order, without the necessity for a hearing; the parties hereby stipulate and agree as follows: 1. Legal Custody. The Father, Brad Faitor, and the Mother, Erica L. Hoover, shall have shared legal custody of their child, Caleb E. Faitor, born July 27, 2005. The parties shah have an equal right to make all major non-emergency decisions affecting their child's general well-being, including,. but not lim-ted #o, ?II decisions regarding health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent sha{I be entitled to all records and information pertaining to .the child, including, but not limited to, medical, dental, religious, or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. In the event of an emergency, the party with physical custody shall make any emergency decisions, and contact the other party as soon as practicable after the emergency is handled. 2. Physical Custody. Father shall have primary physical custody of the child. Mother shall have liberal periods of partial physical custody, with the child, including the times as follows: a. Every other weekend from Friday at 7:00 p.m. Through Sunday at 7:00 p.m. b. Additional times as mutually agreed by the parties. 3. Vacations and HOlidays. Regarding vacations and holidays, the parties agree as follows: a. .Each party may have the child for an up to one-week period, when school is not in session, for vacation, upon thirty days notice to the other parent. One week consists of six overnights. A party exercising vacation time shall inform the other parent as to the location, basic itinerary, and a contact address and telephone number for the hotel or lodging for the trip. The child shall not be taken out of state by either party without the approval of the other; however, such approval shall not be unreasonably withheld. b. The parties shall divide holidays, on a generally equal basis, with each party to have a block of time with the child on each holiday. Transportation: The parties shall share transportation for all exchanges. The receiving party will provide transportation for each exchange. 4. EXPENSES. THE PARTIES SHALL COOPERATE IN OBTAINING HEALTH INSURANCE FOR THE CHILD AT THE LOV\lEST COST POSSIBLE AND SHALL EXCHP,NGE ALL INFORMATION AND IDENTIFICATION CARDS REGARDING THE CHOSEN HEALTH INSURANCE. THE PARTIES WILL EQUALLY DIVIDE ALL UNREIMBUR$ED MEDICAL EXPENSES FOR THE CHILD. THE PARTIES WILL ALSO EQUALLY DIVIDE ANY EXPENSES FOR THE CHILD RELATING TO EXTRACURRICULAR OR OTHER REASONABLE ACTIVITIES. NOTHING IN THIS SECTION SHALL AFFECT THE FACT THAT CHILD SUPPORT IS MODIFIABLE UPON A SUBSTANTIAL CHANGE OF CIRCUMSTANCES, OR OBLIGATE EITHER PARTY TO PAY AN AMOUNT OF CHILD SUPPORT, WITHOUT REGARD TO THE APPLICABLE CHILD SUPPORT GUIDELINES. 5. Disgaraginq Remarks. Neither party may say or do anything nor permit a third party to do or say 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 and affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the child. 6. Telephone contact: Telephone contact between the child and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 7. Stipulation, Modification, and Order. This Stipulation is entered pursuant to an agreement of the parties. The parties agree that this stipulation may be incorporated as an Order of Court and may be enforceable as an Order of Court. The parties may modify the provisions of this Order by mutual consent. If a substantial modification is to be made to the schedule, the party requesting the modification will provide at least seven days notice. In the absence of mutual consent, the terms of this agreement and Order shall control. WITNESSETH: I WIT ESS ICA L. HOOVE ,MOTHER DATE: , ~~ ~: ~~ ~J ~+ A ~~ WITNESS RAD FAILO ATHER DATE:. Cn ` I? - ~` AND NOW, this 2nd day of September 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Defendant's Attorney by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Attorney for the Defendant/I~e.-~iondent Respectfully submitted, Abom ~ Kutulakis, L.L.P. Michelle L. So er, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plainti~/Petitioner ERICA L. HOOVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3983 CIVIL ACTION LAW BRAD FAILOR DEFF,NDANT IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, September 08, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 12, 2010 at 2:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: /s/ . john . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to complN "N ith 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. I Cumberland County Bar Association 10 1c) Cd?? Via:, ?? 32 South Bedford Street r -, c? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 to, to ?' CD - 10 CLZT ?tai + /?(c??an s -P 1e, ABOM dZ' Kurur_nxis Michelle 1,. Sommer, 1?syuire Attomcy Lll. #: 93034 2 ~X/est High Street Carlisle, PA 17013 (717) 249-0900 ERICA L. HOOVER, Plaintiff/Petitioner v. BRAD FAILOR, Defendant/Respondent i ~k~, G.1 • `W ~,~_ !ti~c.,~~, `rt ~,Itt`.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3983 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, ERICA L. HOOVER, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., respectfully requests to Withdraw her Petition for Modification of Custody that was filed on September 2, 2010, and requests that Conciliation scheduled for October 12, 2010, before Conciliator John J. Mangan, Jr., Esquire, be cancelled. D~~ ~ ~ (~ Respectfully submitted, ABOM ~ KUTULAxIS, L.L.P. Michelle L. Sommer, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaint/Petitioner ('FRTIFICATE OF SERVICE AND NOW, this 21~t day of September 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw the Petition for Modification of Custody, upon the Defendant's Attorney by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Attorney for the Defendant/Ke,rpondent John J. Mangan, Esquire 17 W. South Street Carlisle, PA 17013 Custody Conciliator Respectfully submitted, ABOM ~ KUTULAKIS, L.L.P. ~- ,~~~ ~~ ~ Michelle L. So r, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaint/Petitioner