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Home My WebLink About07-6922STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF STEPHANIE M. HOY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. DANIEL B. HOY, Defendant NO. 07- 4922XIVIL : IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the plaintiff, Stephanie M. Hoy, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Stephanie M. Hoy, the natural mother of the children who are the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 14 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Daniel B. Hoy, the natural father of the children who are the subject of this action (hereinafter referred to as "Father"), an adult individual residing at 309 Brandy Lane, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff Mother seeks primary physical custody of the following children: Name Present Residence Age Robin C. Hoy 14 Round Ridge Road 5 years Mechanicsburg, PA 17055 D.O.B. 7/2/2002 Gavin W. Hoy 14 Round Ridge Road 3 years Mechanicsburg, PA 17055 D.O.B. 10/15/2004 4. Mother and Father are the natural parents of the children. 5. The children were born during the marriage of the parties. 6. The children are presently in the custody of Mother but have resided with the following parties for the following specified periods: a. With Mother and Father between the children's births and November 14, 2007 when Mother moved to 14 Round Ridge Road, Mechanicsburg, PA 17055. b. With Mother between November 14, 2007 until the present. 7. The parties are married. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 9. Plaintiff has no reliable information of any other custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children will be served by granting the relief requested herein because Mother has been the sole and primary caregiver for the children for their whole lives. 12. Plaintiff believes and therefore avers that it is in the children's best interests to remain in the primary custody of their Mother and to limit Father's rights to visitation to a set schedule that may be incorporated into an Order issued by this Honorable Court. 13. Mother believes that the best interests of the children would be best served by an award of primary physical custody, that the children must continue to have a relationship with Father, which she will encourage and facilitate with all reasonable efforts, and agrees that Father should be permitted reasonable visitation and contact with the children that does not include overnights. WHEREFORE, Plaintiff Stephanie 1VL Hoy, respectfully requests that this Honorable Court enter an order granting primary physical and sole legal custody of the children to her. Plaintiff furthermore requests that this Court enter an Order awarding Father, Daniel B. Hoy, rights to a set schedule of daytime visitation of the children. Respectfully submitted, November, 2007 STACY B. OLF, ESQUI Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 VERIFICATION I do hereby verify that the facts set forth in this complaint for custody 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 unsworn falsification to authorities. 2007 U Stephan M. Hoy STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF STEPHANIE M. HOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 07- CIVIL DANIEL B. HOY, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Daniel B. Hoy 309 Brandy Lane Mechanicsburg, PA 17055 WOLF & WOLF November l-, 2007 By: STACY B. WOIQF'E'SQUIREO Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 P ro I'S r O? d C r.a tT STEPHANIE M. HOY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL B. HOY DEFENDANT • 2007-6922 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 21, 2007 , 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 County Courthouse, Carlisle on Tuesday, December 18, 2007 at 8:30 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. 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/ Jacqueline M, Vemep, Es q. . 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 f 1 V,- ? 'yI iti ') t DEC 7 91007A STEPHANIE M. HOY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6922 CIVIL ACTION - LAW DANIEL B. HOY., . Defendant IN CUSTODY ORDER OF COURT AND NOW, this 76 day of 2007 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Stephanie M. Hoy shall have sole legal custody of Robin C. Hoy, born July 2, 2002 and Gavin W. Hoy, born October 15, 2004. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody as agreed by the parties but he shall not have overnights. 4. Holidays shall be shared as agreed by the parties. 5. 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. BY J. cc: Stacy B. Wolf, Esquire, Counsel for Mother Daniel B. Hoy, pro se 309 Brandy Lane Mechanicsburg, PA 17055 CePles ..2Y1&C( WWAIA NN d S0 .Zi Wd 0Z 330 LQOZ K I t^IU?HJ.C)dd BHJ Jo 34Jt14"TU STEPHANIE M. HOY, Plaintiff V. DANIEL B. HOY, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6922 CIVIL ACTION - LAW IN CUSTODY 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 concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Robin C. Hoy July 2, 2002 Mother Gavin W. Hoy October 15, 2004 Mother 2. A Conciliation Conference was held in this matter on December 18, 2007, with the following in attendance: The Mother, Stephanie M. Hoy, with her counsel, Stacy B. Wolf, Esquire. Father, Daniel B. Hoy, although he had notice of the conference, did not appear. 3. Mother requested an Order in the form as attached. /Z Date cqu me M. Verney, Esquire Custody Conciliator