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HomeMy WebLinkAbout08-1705d . I JOHN C. HOKE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. McCLINTOCK, Defendant NO. 2008 - 0 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is John C. Hoke, an adult individual who currently resides at 127 S. Beaver Street, York, York County, Pennsylvania, 17401. 2. Defendant is Terri L. McClintock, an adult individual who currently resides at 240 Pine Grove Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. Plaintiff seeks custody the Parties' daughter, Nevia M. McClintock, who currently resides with Defendant at 240 Pine Grove Road, Gardners, Cumberland County, Pennsylvania, 17324. Nevia M. McClintock was born on September 8, 2007 and is less than one year of age. The child was born out of wedlock. The child is presently in the custody of Defendant who resides at the residence as described in Paragraph two (2). During the past five (5) years, the child has resided at all times with Defendant in the residence described in Paragraph two (2). 4. The relationship of Plaintiff to the child is that of Father. Plaintiff currently lives alone with the Plaintiff's other children. 5. The relationship of Defendant to the child is that of Mother. Defendant currently lives with her parents, the child, and a second child. 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 these 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. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff shared legal custody and partial physical custody of the child. Respectfully submitted, O' BRIEN, Robert J. Dailey` E?cji I.D. 203418 1 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff 1 ? JOHN C. HOKE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. McCLINTOCK, Defendant NO. 2008 - ) -76 s CIVIL TERM CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, John C. Hoke, verify that the statements made in the foregoing Complaint in 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 falsifications to authorities. John C. Hoke Date: 2-5 of s r? 2008 - '71 P ? Cl*l flo S? SHERIFF'S RETURN - REGULAR CASE NO: 2008-01705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOKE JOHN C VS MCCLINTOCK TERRI L NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon MCCLINTOCK TERRI L the DEFENDANT , at 1950:00 HOURS, on the 17th day of March , 2008 at 240 PINE GROVE ROAD GARDNERS, PA 17324 TERRI L MCCLINTOCK by handing to a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contends thereof. Sheriff's Costs: Docketing 18.00 Service 7.68 Postage .58 Surcharge 10.00 3J?y?U& .00 ? 36.26 Sworn and Subscibed to before me this day of , So Answers : /?//!//////? t R. Thomas Kline 03/18/2008 OBRIEN BARIC SCHERER By: ?C?' Deputy Sheriff A. D. JOHN C. HOKE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1705 CIVIL ACTION LAW TERRI L. MCCLINTOCK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 19, 2008 , 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 Monday, April 21, 2008 at 9:00 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: Is/ john . Mangan, r. Es q. dm-A Custody Conciliator fil 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 I IHJ OZ Rw ODOI MAY isWr O? JOHN C. HOKE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1705 Civil Term TERRI L. McCLINTOCK Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this,.; day of May 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 3 f"`-day of , 2008 at 0 D am/ rin Courtroom number r' in the C?County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, John C. Joke, and the Mother, Terri L. McClintock, shall have shared legal custody of Nevia M. McClintock, born 09/08/2007. 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall 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. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. On Saturday May 10, 2008, Father shall have physical custody of the Child from 8:00 am until 12:00 pm. Father and Mother shall meet for the custody exchanges at the West Manchester Mall at the Garden Center entrance to Wa1Mart. b. Commencing May 17, 2008, the Father shall have physical custody of the Child every Saturday from 10:00 am until 2:00 pm. Father and Mother shall meet for the custody exchanges at the West Manchester Mall at the Garden Center entrance to Wa1Mart. C. This custody schedule shall continue absent mutual agreement or further Order of Court. d. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The holidays shall be addressed at subsequent custody proceedings or arranged by mutual agreement. 5. The Father shall have telephone contact with the Child on a reasonable basis as mutually agreed. In the absence of agreement, Father shall have telephone contact with the Child every Wednesday at 7:00 pm. 6. 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 parry, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a conciliation conference. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. 10. A status update conference with the assigned conciliator is hereby scheduled for June 9, 2008 at 10:00 am. BY THE COURT, Cc: ??obert Dailey, Esq. Marcus McKnight, Esq. ,-,"'J"ohn J. Mangan, Esq. (2OP, ES /Watt tEcC S/a I/08 JOHN C. HOKE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1705 Civil Term TERRI L. McCL1NTOCK Defendant : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMN[ARY 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 litigation is as follows: Name Date of Birth Currently in the Custody of Nevia M. McClintock 9/08/2007 Primary Mother 2. A Conciliation Conference was held on May 6, 2008 with the following individuals in attendance: The Father, John Hoke, with his counsel, Robert Dailey, Esq. The Mother, Terri McClintock, with her counsel Marcus McKnight, Esq. 3. Father's position on custody is as follows: Father has had limited contact with his Child and he alleges that this is due to Mother's lack of cooperation for him to have contact with his daughter. Father is requesting partial physical custody of the subject Child. Father lives in York, PA and has shared custody of two other children. Father is requesting overnight physical custody of the Child. Father is self employed as a painter and asserts that he lives in an acceptable apartment that can accommodate the Child. Father asserts that the neighborhood that he lives in is safe with the York Police station very close by. Father denies substance abuse and is willing to submit to a drug test. Father is adamant that supervised visits are not warranted and is not willing to have visits at Mother's residence due to potential conflict with Mother or her relatives. 4. Mother's position is as follows: Mother lives in Gardners, PA with her parents the subject Child and another child. Mother is looking for employment and does not currently have a vehicle. Mother alleges that Father has substance abuse issues and requests that Father begin his contact with the Child in a supervised setting such as the YWCA or at Mother's residence. Mother does not agree to any overnights at this point in time. Mother alleges that Father lives in a dangerous neighborhood and has concerns regarding Nevia's safety and well-being. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing before the Court. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require half a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: S v Jo J. angan, "s re C to Conciliat 111 JOHN C. HOKE, Plaintiff V. TERRI L. McCLINTOCK, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW - IN CUSTODY NO. 2008-1705 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw my appearance from this case on behalf of the Defendant, Terri L. McClintock. Respectfully submitted, By: Date: May 30, 2008 IRWIN & Marcu A. Mc"i t, III, Esq. 60 We Pomfret Street Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance in this case on behalf of the Defendant, Terri L. McClintock. Date: 0 fl3ol61l Respectfully submitted, t. _, yea I- ` 4 :r-t r CJ Vii,! JUN 1 7 2008 JOHN C. HOKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TERRI L. McCLINTOCK, NO. 08 -1705 Defendant CUSTODY ORDER OF COURT c? AND NOW this 12; day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: O 1. All previously existing custody orders are hereby VACATED and the scheduled custody hearing is hereby CANCELLED. 2. Nevia M. McClintock (hereinafter the "Child"), born September 8, 2007, is the natural child of John C. Hoke (hereinafter the "Father") and Terri L. McClintock (hereinafter the "Mother"). 3. Shared legal custody of the Child as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents. Major decisions concerning the Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made jointly by both parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Child from the other party. Each parent shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a guardian or custodian. 4. The Mother shall have primary physical custody of the Child, subject to the following periods of partial physical custody with the Father: a. The Father shall have physical custody of the Child every other week, when the Father has custody of his other children, from Wednesday at 10:00 a.m., or after such time when the Father drops his other children off at school, until no later than 10:00 a.m. on Thursday. b. The Father shall have physical custody of the Child every other week, when the Father has custody of his other children, from Friday at 5:00 p.m., or after such time when the Father leaves work, until no later than 7:00 p.m. on Sunday. 5. The parties shall adhere to the following holiday schedule: a. The Mother shall have physical custody of the Child on the day of holidays, unless otherwise mutually agreed upon by the parties. b. The Father shall have physical custody of the Child on the day before holidays, unless otherwise mutually agreed upon by the parties. C. Holidays shall be defined as: the Fourth of July, Labor Day, Memorial Day, Easter, Thanksgiving and Christmas. d. These periods of custody shall run from 8:00 a.m. to 8:00 p.m. 6. The Father shall have custody of the Child on Father's Day and the Mother shall have custody of the Child on Mother's Day. These periods of custody shall run from 8:00 a.m. to 8:00 p.m. 7. While in the presence of the Child, no party shall make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the Child as to the other parent, or in any way estrange the Child from the other parent. It shall be the responsibility of each party to uphold the other parent as one to whom the Child owes love and respect. 8. During periods of custody, neither parent shall consume alcohol, use illegal drugs, or possess illegal drugs. While in physical custody of the Child, neither parent shall permit any other person in the Child's presence to consume alcohol, use illegal drugs, or possess illegal drugs. 9. Neither parent shall drive with the Child in a motor vehicle after consuming alcohol or imbibing in illegal drugs. Neither parent shall permit any other person to drive with the Child in a motor vehicle after consuming alcohol or imbibing in illegal drugs. 10. While conveying the Child in a motor vehicle, each parent shall be responsible to properly restrain the Child in a safety seat, and to obey all child safety laws of the Commonwealth of Pennsylvania while the Child is a passenger in a motor vehicle. 11. Each parent shall ensure that a vehicular sound system is maintained at a prudent, quiet volume while the Child is a passenger in a motor vehicle. 12. Both parents shall have liberal and reasonable telephone contact with the Child when the Child is in the custody of the other parent. . ft? 13. The Father shall participate in a telephone call of reasonable duration from the Mother, to discuss matters concerning the Child, at 8:00 p.m. on nights when the Father has overnight custody of the Child. 14. Neither parent shall convey the Child outside of the Commonwealth of Pennsylvania without advance notice to the other parent. 15. The Father shall provide transportation for all exchanges of custody. 16. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must consent on what shall be any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 17. In the event that either party wishes to modify this Order, they may petition the Court to have the case scheduled with the Court. By the Court, Dibution: ,Kobert Dailey, Esq. jidiin A. Snyder, Esq. ,;@Kn I Mangan, Esq. 10 o? Vi s ti?,i 1 d._n i o ?! '1 : I [,,j rj £7 g1!(Ir B 0Z JOHN C. HOKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TERRI L. McCLINTOCK, : NO. 08 -1705 Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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 litigation is as follows: Name Date of Birth Currently in the Custody of Nevia M. McClintock 9/08/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 06, 2008 with the following individuals in attendance: The Mother, Terri L. McClintock, with her counsel, Marcus McKnight, Esq. The Father, John C. Hoke, with his counsel, Robert Dailey, Esq. An Order of Court has been issued and the parties have subsequently come to an agreement in regard to the instant custody matter. 3. The parties agreed to the entry of an Order in the form as attached. e Date Jo an, EKr Cus ody Concili I JOHN C. HOKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TERRI L. McCLINTOCK, Defendant : NO. 2008 - 1705 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY Substitution of Counsel / Chanze in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of John C. Hoke, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Date: 29th of August, 2008 Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdailey n,,gerberlawoffice.com Robert J. Dailey Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of John C. Hoke, Plaintiff. O'Brien, Boric & Date: 29th of August, 2008 J. Dailey, w CERTIFICATE OF SERVICE I hereby certify that on the day of , 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the parry listed below, as follows: Lorin A. Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Andrea M. arrick - cry --i j "sf±l m _.. C"i -C' JOHN C. HOKE, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 08-1705 TERRI L. McCLINTOCK, : CIVIL ACTION—LAW Defendant/Petitioner : IN CUSTODY < . r- PETITION TO MODIFY CUSTODY `- 1. Petitioner is Terri L. McClintock, who resides at 1710 Enola Road, Carlisle--'Pipnsgl'vari-ia, 17013. r=' 2. Respondent is John C. Hoke, who resides at 50 Pine Hollow Road, Wrightsville, Pennsylvania. 3. On June 23, 2008, the Honorable M.L. Ebert, Jr., entered a Custody Order attached as Exhibit"A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent has not seen the children for over a year. b) Respondent does not pick the children up for his scheduled every other week visitation on Wednesday or his every other weekend custodial period c) Respondent does not provide a stable environment for the children. d) Petitioner desires to maintain the family household which has been established and the continued stability of the household is in the best interest of the children. e) Petitioner is best able to provide the care and nurture which the children need for healthy development. 5. I have attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2. 6. The best interest of the children will be served by the Court modifying said Order. e:d agly- covislcio .2.4 •‘?y WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Full primary physical custody be awarded to Mother with visitation as agreed upon by the parties in Father. Respectfully submitted, ROMINGER& ASSOCIATES Date: ■ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner VERIFICATION I verify that the statements made in this Post Conviction Relief Act Petition 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. Q� 1 Date: 1� O p � 6 Cjl 113C Terri McClintock, Petitio • JOHN C. HOKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION—LAW TERRI L. McCLINTOCK, : NO. 08— 1705 Defendant : CUSTODY ORDER OF COURT AND NOW this 23 day of June, 2008,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All previously existing custody orders are hereby VACATED and the scheduled custody hearing is hereby CANCELLED. 2. Nevia M. McClintock(hereinafter the "Child"),born September 8,2007, is the natural child of John C. Hoke(hereinafter the "Father")and Terri L.McClintock(hereinafter the "Mother"). 3. Shared legal Custody of the Child as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301; et seq., will be in`'both of the parties, as the natural parents. Major decisions concerning the Child, including, but not necessarily limited to,the Child's health, welfare, education, religious training and'upbringing shall be made jointly by both parents,after discussion and'consultation with each other,with a view toward obtaining and following a harmonious policy in the Child's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Child from the other party. Each parent shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the • parent then having physical custody. With regard to any emergency decisions that must be made,the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions'necessitated thereby. However,that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each parent shall be entitled to complete and full information from any doctor,'dentist,teacher, professional or authority and to have copies of any reports given to either party as a guardian or custodian. 4. The Mother shall have primary physical custody of the Child, subject to the following periods of partial physical custody with the Father: .a. The Father shall have physical custody of the Child every other week, when the Father has custody of his other children, from Wednesday at 10:00 a.m., or after such time when the Father drops his other children off at school, until no later than 10:00 a.m. on Thursday. • # er � htv b. The Father shall have physical custody of the Child every other week, when the Father has custody of his other children, from Friday at 5:00 p.m., or after such time when the Father leaves work,until no later than 7:00 p.m. on Sunday. 5. The parties shall adhere to the following holiday schedule: a. The Mother shall have physical custody of the Child on the day of holidays, unless otherwise mutually agreed upon by the parties. •-b. The Father shall have physical custody of the Child on the day before holidays, unless otherwise mutually agreed upon by the parties. c. Holidays shall be defined as: the Fourth of July, Labor Day,Memorial Day, Easter, Thanksgiving and Christmas. —d. These periods of custody shall run from 8:00 a.m. to 8:00 p.m. —6. The Father shall have custody of the Child on Father's Day and the Mother shall have custody of the Child on Mother's Day. These periods of custody shall run from 8:00 a.m. to 8:00 p.m. 7. While in the presence of the Child,no party shall make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the Child as to the other parent, or in any way estrange the Child from the other parent. It shall be the responsibility of each party to uphold the other parent as one to whom the Child owes love and respect. — 8. During periods of custody,neither parent shall consume alcohol,use illegal drugs, or possess illegal drugs. While in physical custody of the Child,neither parent shall permit any other person in the Child's presence to consume alcohol, use illegal drugs, or possess illegal drugs. — 9. Neither parent shall drive w the Child in a motor vehicle after consuming alcohol or imbibing in illegal drugs. Neither parent shall permit any other person to drive with the Child in a motor vehicle after consuming alcohol or imbibing in illegal drugs. 10. While conveying the Child in a motor vehicle, each parent shall be responsible to properly restrain the Child in a safety seat,and to obey all child safety laws of the Commonwealth of Pennsylvania while the Child is a passenger in a motor vehicle. 11. Each parent shall ensure that a vehicular sound system is maintained at a prudent, quiet volume while the Child is a passenger in a motor vehicle. — 12. Both parents shall have liberal and reasonable telephone contact with the Child when the Child is in the custody of the other parent. -- 13. The Father shall participate in a telephone call of reasonable duration from the Mother,to discuss matters concerning the Child, at 8:00 p.m. on nights when the Father has overnight custody of the Child. — 14. Neither parent shall convey the Child outside of the Commonwealth of Pennsylvania without advance notice to the other parent. 15. The Father shall provide transportation for all exchanges of custody. 16. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so,the Court makes it clear that both parties must consent on what shall be any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 17. In the event that either party wishes to modify this Order,they may petition the Court to have the case scheduled with the Court. By the Court, �s 11 1 _. J. Distribution: Robert Dailey, Esq. Lorin A. Snyder, Esq. John J. Mangan, Esq. In Testirr. <:,e j, l Laic c .;a scr my hand and a sea ci said ou at arlisle, Pa. • JOHN C. HOKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION—LAW TERRI L. McCLINTOCK, : NO. 08 — 1705 Defendant : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH C .RJjt D,CQUNT. RUM OF CIVIL 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 litigation is as follows: Name Date of Birth Currently in the Custody of Nevia M. McClintock 9/08/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 06, 2008 with the following individuals in attendance: The Mother, Terri L. McClintock,with her counsel, Marcus McKnight, Esq. The Father, John C. Hoke, with his counsel, Robert Dailey,Esq. An Order of Court has been issued and the parties have subsequently come to an agreement in regard to the instant custody matter. 3. The parties agreed to the entry of an Order in the form as attached. Lo/ . Date Jo an,Es• e Cus ody Concili. ,•r OCT/07/2013/MON 03°13 PM FAX No, 7172406573 P. 002/006 ( . IN THE COURT OF COMMON PLEAS J�� o Plaintiff CUMBERLAND COUNTY, PA • Vs : No. a-1703- CIVIL TERM lice e /17-0/A1-66e , : CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea. no contest plea or pending charges El 18 Pa.C.S. Ch. 25 El El (relating to criminal homicide) 18 Pa.C.S. §2702 El (relating to aggravated assault) 18 Pa.C.S. §2706 Ci El (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) El 18 Pa.C.S. §2901 (relating to kidnapping) OCT/07/2013/MON 03!13 PM FAX No, 7172406573 P. 003/006 El 18 Pa.C.S. §2902 El E (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 El E (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 El E (relating to rape) 18 Pa.C.S.§3122.1 El El relating to statutory sexual assault) 18 Pa.C.S. §3123 0 E (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 El El (relating to sexual assault) ❑ 18 Pa.C.S. §3125 C El (relating to aggravated indecent assault) El 18 Pa.C.S.§3126 E" fl (relating to indecent assault) 1 18 Pa.C.S. §3127 El Ci (relating to indecent exposure) 0CT/07/2013/M0N 0.313 PM FAX No, 7172406573 P. 004/006 18 Pa.C.S. §3129 E El (relating to sexual intercourse with animals) El 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S.§3301 El E (relating to arson and related offenses) C1 18 Pa.C.S.§4302 C r! (relating to incest) 0 18 Pa.C.S.§4303 ' (relating to concealing death of child' 18 Pa.C.S. §4304 El El (relating to endangering welfare of children) 18 Pa.C.S. §4305 El El (relating to dealing in infant children) El 18 Pa.C.S.§5902(b) El El • (relating to prostitution and related offenses) 18 Pa.C.S. §5903 El El (c)or(d) (relating to obscene and other sexual materials and performances) i 18 Pa.C.S. §6301 El E (relating to corruption of minors OCT/07/2013/MON 03'13 PM FAX No, 7172406573 P. 005/006 18 Pa.C.S. §6312 El r (relating to sexual abuse of children) 18 Pa.C.S. §6318 El El (relating to unlawful contact with minor) 18 Pa.C.S.§6320 E El (relating to sexual exploitation of children) 23 Pa.C.S. §6114 El El (relating to contempt for violation of Protection order or agreement) El Driving under the El rl influence of drugs or alcohol Manufacture.sale, E delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth El El Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the E ❑ Protection from Abuse Act in Pennsylvania or similar statute in OCT/07/2013/MON 03° 13 PM FAX No. 7172406573 P. 006/006 another jurisdiction Other: El El 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name,date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or 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. Signature • xixe/Aaig Printed Name JOHN C. HOKE, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 08-1705 TERRI L. McCLINTOCK, : CIVIL ACTION—LAW Defendant/Petitioner : IN CUSTODY rri C3 CD • --C CC) CERTIFICATE OF SERVICE ' 717 CI CO I hereby certify that on this date, October 18, 2013, a true copy of Petition to Modify Custody was mailed to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: John C. Hoke 50 Pine Hollow Road Wrightsville, Pennsylvania 17368 Karl E. Rominger, squire JOHN C. HOKE IN THE COURT OF COMMON PLEAS OF ry PLAINTIFF CUMBERLAND COUNTY, V. 2008-1705 CIVIL ACTION LAWS _ F TERRI L. MCCLINTOCK • IN CUSTODY w DEFENDANT Tic-, C., c) t 6 ORDER OF COURT AND NOW, Tuesday,October 22,2013 , 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 Friday,November 22,2013 10:30 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P.No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ John J. Mangan,Jr., Esq.pt/ 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. t,, / Cumberland County Bar Association C6pl'eS / e.cl tV 32 South Bedford Street 14447 K ,i2400,4NpErz Carlisle, Pennsylvania 17013 J . Telephone (717) 249-3166 )94.47J f02. y to/zaA3 �r�