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HomeMy WebLinkAbout04-0624IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW VERLO L. HOCKS Plaintiff VS. No.Oq - loaf l:lCa?l, l BERTHA S. COYLE CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is VERLO L. HOCKS, residing at 34 Akron Rd., Ephrata PA 17522-2408. 2. The Defendant is BERTHA S. COYLE residing at 264 Red Tank Rd., Boiling Springs PA 3. The Plaintiff seeks partial custody of the following child, ANGELIA COYLE, born April 20, 1995, presently residing at 264 Red Tank Rd., Boiling Springs, PA 4. The child is presently in the custody of the Mother who resides at 264 Red Tank Rd., Boiling Springs, PA 5. During the past five years, the child has resided with the following persons and at the following addresses: a. From birth to 1997 with Mother and Father at 264 Red Tank Rd., Boiling Springs, PA; b. From 1997 to present with Mother at 264 Red Tank Rd., Boiling Springs PA 6. The mother of the child is BERTHA S. COYLE currently residing at 264 Red Rank Rd., Boiling Springs, PA. She is unmarried. 7. The father of the child is VERLO L. HOCKS currently residing at 34 Akron Rd., Ephrata PA 17522. He is married. 8. The relationship of Plaintiff to the child is that of Father. 9. The Plaintiff currently resides with the following persons: a. Wife, Patricia 10. The relationship of Defendant to the child is that of Mother. 11. The Defendant currently resides with the following persons: a. Child, Angelia Coyle, and a Nanny and another child 12. 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. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother refuses to allow Father to see the child on a consistent basis. 16. 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. WHEREFORE, Plaintiff requests Your Honorable Court to grant partial custody of the child, ANGELIA COYLE, to Father, VERLO L. HOCKS. HON IONGO ' SEA MANM. Lucil ," Esv q. 15 N. Lime St. Lancaster, PA 17602 Attorney for Plaintiff Attorney I.D. 67907 VERIFICATION I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. §4904, relating to unsworn falsification to authorities. VERLO L. HOCKS ?.?111 DATE: /" - / CZ) V _j N f-? t"J LR x_ r r= ' a i i ;i VERLO L. HOCKS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-624 CIVIL ACTION LAW BERTHA S. COYLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday February 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, March 17, 2004 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/ Dawn S Sundae Esq. 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 ho h ?- /??: ll.? ? r f?llV n VERLO L. HOCKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-624 CIVIL ACTION LAW BERTHA S. COYLE Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2.S ? day of (W 22C , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall consult with each other in making all major decisions concerning their Child, Angelia Coyle, born April 20, 1995, including but not limited to all major medical, religious and educational decisions. The Mother shall have primary responsibility for making final decisions under this provision. The parties shall have equal access to all information concerning the Child including but not limited to, all medical and school related records. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 pm through Sunday at 5:00 pm, beginning March 26, 2004. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child for Christmas Eve through Christmas Day at 12:00 noon, the parties shall share having custody of the Child at the Mother's residence on Christmas Day from 12:00 noon until 5:00 pm, and the Father shall have custody of the Child from Christmas Day at 5:00 pm until the return time established by agreement between the parties. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on Easter, Memorial Day, July 4`h, Labor Day and Thanksgiving each year from the evening before the holiday at 6:00 pm through the holiday at 8:00 pm. In even numbered years, the Mother shall have custody of the Child for Easter, July 4`h, and Thanksgiving and the Father shall have custody for Memorial Day and Labor Day. In odd numbered years, the Father shall have custody of the Child for Easter, July 4`h, and Thanksgiving, and the Mother shall have custody for Memorial Day and Labor Day. Avgno, i r; "ry' r ni;?3 Lu q ky 93 ?vw h00Z AbldoiJ(7FLi0?{d 3Hi 10 C. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 am until 9:00 pm (or 6:00 pm in the event there is school on the day following Father's Day). D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for two non-consecutive weeks during each summer school vacation upon providing at least thirty days advance notice to the other party. The parties shall schedule periods of custody under this provision to include his or her regular weekend period of custody, if possible. The party providing notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 6. In the event either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 7. Each party shall notify the other of any changes to his or her current address or telephone number. 8. Neither party shall consume alcohol or use illegal drugs during his or her periods of custody with the Child. 9. The Father shall be responsible to provide all transportation for exchanges of custody, unless otherwise agreed between the parties. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. 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, Q/I 7. cc: -M. Lucile Longo, Esquire - Counsel for Father Aobert O'Brien, Esquire - Counsel for Mother RCS 03-0,19-0 7 VERLO L. HOCKS, Plaintiff VS. BERTHA S. COYLE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-624 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Angelia Coyle April 20, 1995 Mother 2. A Conciliation Conference was held on March 17, 2004, with the following individuals in attendance: The Father, Verlo L. Hocks, with his counsel, M. Lucile Longo, Esquire, and the Mother, Bertha S. Coyle, with her counsel, Robert L. O'Brien, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?VI?,GI.iLB- aeon ? ?;-----a? Date Dawn S. Sunday, Esquire Custody Conciliator ROBERT L. FOLTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-642 - CIVIL TOM IWANOWICZ, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PRAECIPE UPON PLAINTIFF TO FILE A COMPLAINT 1. Plaintiff filed a Praecipe for Writ of Summons on Defendant on February 13, 2004, a copy of which is attached hereto as Exhibit "A". 2. Plaintiff filed a Statement of Intention to Proceed on Defendant on November 1, 2007. 3. Defendant files this pleading on Plaintiff to file a Complaint in this matter. Respectfully submitted, 4 k - vl?7 Mark A. Mateya, Es ire Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Date: Counsel for Defendant I 2 ( 6°I April 14, 2009, Rule to File Complaint Issued. .2 rothonotary 4 ROBERT L. FOLTZ, Plaintiff vs. : CIVIL ACTION - LAW NO: TOM IWANOWICZ, Defendant PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County to be served on the Defendant. Date: February 13, 2004 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 To The Above Named Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED WRIT OF SUMMONS Torn Iwanowicz 106 Butcher Hill Boiling Springs, PA 17007 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST VOT T . Date: /?Z_ 13-0y toA Prothonotary By: D u y 17?o?s-?- vs Case No. AD?ia- aoo-1 Statement of Intention to Proceed To the Court: • "? intends to proceed with the above captioned matter. Print Name 1`-ari E . "RCSWNl Vlg4 r Sien Name Date: III 1 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a cage may be dismissed pursuant to local toles implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new cute of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parries. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a parry wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (dx3) requires that the plaintiff trust make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (dx2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. s CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Karl E Rominger Esquire 15 South Hanover Street Carlisle PA 17013 Dated: l 2 o -/ Mark A. Mateya, Esquir PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax OF THE F ^? s N 2009 APP 2 It N 8: 4 7