HomeMy WebLinkAbout08-2242JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. e
ALICE L. HOOVER, : CIVIL ACTION - LAW
Defendant. : IN CUSTODY
COMPLAINT FOR CUSTODY
AND COMES NOW, JAMES M. HOOVER, JR., by and through his attorney, Thomas M.
Clark, Esquire, of Colgan Marzzacco, LLC and files the instant Complaint for Custody, and in
support thereof, avers as follows:
1. Plaintiff is James M. Hoover, Jr., an adult individual who currently resides at 29 Saint
Andrews Way, Etters, Cumberland County, Pennsylvania 17319.
2. The Defendant is Alice L. Hoover, who currently resides 124 Sunset Drive, Mt. Holly
Springs, Cumberland County, Pennsylvania.
3. Plaintiff seeks shared legal custody of the children. Plaintiff seeks primary physical
custody of Colby J. Hoover, born on November 6, 1992. Plaintiff seeks partial physical custody of
Caleb L. Hoover, born December 1, 2001, and Caden H. Hoover, born on October 26, 2004.
The children were not born out of wedlock.
Colby J. Hoover is presently in the physical custody of Plaintiff. Caleb L. Hoover and Caden
H. Hoover are presently in the physical custody Defendant.
4. During the past five years, the children have resided with the following persons and
at the following addresses:
Dates/Address/Persons
A. October 2007 to Present (Colby J. Hoover primarily with Father)
. a,
29 Saint Andrews Way, Etters, Cumberland County, Pennsylvania 17319
B. August 2007 to Present (Caleb Hoover and Caden Hoover primarily with Mother)
C. November 2006 to August 2007 (With Mother)
124 Sunset Drive, Mt Holly Springs, Cumberland County, Pennsylvania 17065
D. Summer 2005 to November 2006 (With Mother and Father)
124 Sunset Drive, Mt Holly Springs, Cumberland County, Pennsylvania 17065
The father of the children is James M. Hoover, Jr., currently residing at 29 Saint Andrews
Way. Etters, Cumberland County, Pennsylvania.
The mother of the children is Alice L. Hoover, currently residing at 124 Sunset Drive, Mt.
Holly Springs, Cumberland County, Pennsylvania.
The relationship of Plaintiff to the children is that of father.
6. The relationship of Defendant to the children is that of mother.
Plaintiff has no information of a custody proceeding concerning the children
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 children or who claims to have
custody or visitation rights with respect to the children.
8. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or who claims to have custody or visitation rights with respect to the children.
9. The best interest and permanent welfare of the children will be served by granting
Plaintiff shared legal of the children. Additionally, the best interest and permanent welfare of the
children will be served by granting Plaintiff primary physical custody of Colby J. Hoover and partial
physical custody of Caleb L. Hoover and Caden H. Hoover.
10. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to award him shared
legal custody of the children. Additionally, Plaintiff respectfully requests This Honorable Court to
award him primary physical custody of Colby J. Hoover and partial physical custody of Caleb L.
Hoover and Caden H. Hoover.
Respectfully submitted,
WILE NOX, COLGAN & MARZZACCO
By: ?.r
Thomas M. Clark, Esquire
ID # 85211
130 W. Church Street
Dillsburg, PA 17019
(717) 4?
Dated:
'. i
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
. NO.
ALICE L. HOOVER, : CIVIL ACTION - LAW
Defendant. : IN CUSTODY
VERIFICATION
I verify that the statements made in this 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: ? 0
. Hoover, Jr.
Jam Khtifff
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JAMES M. HOOVER, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALICE L. HOOVER
DEFENDANT
2008-2242 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, April 15, 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 Thursday, May 22, 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 temporarv 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, r. 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
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JAMES M. HOOVER, JR., * IN THE COURT OF COMMON PLEAS
Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA
*
VS.
* NO. 2008-2242 CIVIL TERM
*
ALICE L. HOOVER, * CIVIL ACTION - LAW
Defendant * IN CUSTODY
ACCEPTANCE OF SERVICE
I, Mark K. Emery, Esquire, Attorney for the Defendant, accept service of the
Custody Complaint, Court Order scheduling a Pre-Hearing Conference for April 15, 2008
and Court Order rescheduling the Pre-Hearing Conference for May 22, 2008 at 9:00 a.m..
I certify that I am authorized to accept service on behalf of said, Defendant, Alice L.
Hoover.
Date:
Mark K. Emery, Esquire
I.D. # 2) ) 9-?
410 North Street
Harrisburg, PA 17101
(717) 238-9883
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AUG 21 2008 U
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Defendant. : IN CUSTODY
ORDER OF COURT
AND NOW this day of August 2008, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
Legal Custody: The parties shall share legal custody of the minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and
Caden H. Hoover, born on October 26, 2004. Joint legal custody means the right of both
parents to control and share in making decisions of importance in the life of their child,
including educational, medical and religious decisions. Both parents shall be entitled to
equal access to the child's school, medical, dental and other important records. As soon
as practicable after receipt by a party, copies of the child's school schedules, special
events notifications, report cards and similar notices shall be provided to the other party.
Each party shall notify the other of any medical, dental, optical and other appointments of
the child with health care providers sufficiently in advance thereof so that the other party
can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
children's day to day living shall be made by the parent then having custody, consistent
with the other provisions of this Order.
2. Physical Custody: Father shall have primary physical custody of Colby J. Hoover.
Mother shall have primary physical custody of Caleb L. Hoover and Caden H. Hoover.
Partial physical custody is the right to take possession of the children or child away from
the custodial parent for a certain period of time.
Father's Partial Physical Ct?stody: Father shall have partial physical custody of
Caleb L. Hoover and Caden H. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing the Friday
following the signing of the Custody Stipulation Agreement.
b) Father shall have the right to extend his alternating weekend
through Monday at 6:00 p.m. If Father chooses to extend his
weekend of custody through Monday, Father shall provide notice
no later than the Wednesday of the week immediately prior to his
weekend. In the event of such election, Father is responsible for
delivering the children to either school on Monday morning in
accordance with the school attendance policy, or to Mother.
C) In addition to Father's regularly scheduled weekends, Father shall
have the right to exercise partial custody on four additional
weekends per calendar year from 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday. In exercising these periods
of custody, Father shall provide Mother with fifteen (15) days
notice. Father shall not exercise more than one (1) additional
weekend per month.
d) At no time, unless and until agreed upon by the parties in writing,
shall Caden be left under the custody, supervision or control of any
individual not trained to administer Caden's medications, address
blood sugar levels, or otherwise be able to assess and treat Caden's
medical condition
Mother's Partial Physical Crrstody: Mother shall have partial physical custody
of Colby J. Hoover as follows:
a) From May to the succeeding October, on alternating weekends,
commencing at 6:00 p.m. on Saturday and continuing until 6:00
p.m. on Sunday commencing the second Saturday following the
signing of the Custody Stipulation Agreement. From November
to April, on the same alternating weekends, commencing 6:00p.m.
on Friday and continuing until 6:00 p.m. on Sunday.
b) On each Thursday from 4:00 p.m. to 8:00 p.m.
Summer Vacation: "Summer" shall be defined as the period commencing on the
first Friday following the last day of school in the children's home district, and
ending on the last Friday preceding the start of school in the children's home
district.
Each parent may choose two (2) weeks during the summer when he/she
may have uninterrupted partial custody of all three (3) children for the entire
period during the summer. At the conclusion of the period of vacation, the parties
shall resume their regular schedule of custody previously set forth in this
Agreement. The weeks shall not be scheduled consecutively. Additionally,
Mother shall always schedule her weeks of vacation during weeks where she is
already exercising custody of Caleb L. Hoover and Caden H. Hoover.
By no later than May 1 the parents shall provide written notice of intent to
take the period or periods of summer vacation to the other parent and shall
provide reasonable notice of the locations at which they will be staying. The
party who first gives notice shall always take precedence, and the other party shall
not schedule a period of vacation during that time. For purposes of vacation, a
week begins on Friday at 6:00 p.m. and extends to Friday at 6:00 p.m. Each
parent shall incorporate their week or weekend into that one-week period.
3. Holidays: In odd numbered years, Father shall have custody on the following holidays:
New Year's Day, July 4th, and Thanksgiving. In even numbered years, Father shall have
custody on the following holidays: Memorial Day and Labor Day. In even numbered
years, Mother shall have custody on the following holidays: New Year's Day, July 4th,
and Thanksgiving. In odd numbered years, Mother shall have custody on the following
holidays: Memorial Day and Labor Day. Holiday custody shall commence at 9:00
a.m. on the day of the holiday, and shall end at 7:30 p.m. on the day of the holiday.
Chrishnas: Mother shall have the children from 3:00 p.m. on Christmas
Eve until 3:00 p.m. on Christmas Day. Father shall have the children from
3:00 p.m. on Christmas Day until 3:00 p.m. on December 29 h.
Easter: Father shall have the children from 3:00 p.m. on the Thursday
immediately prior to the Easter Holiday, until 3:00 p.m. on the Saturday
immediately prior to the Easter Holiday. This shall be subject to the
children's school schedule, and in the event the children are in school on
any such day, Father shall be responsible for all transportation to or from
school. Mother shall have the children from 3:00 p.m. on the Saturday
immediately prior to the Easter Holiday, until 6:00 p.m. on Easter Sunday.
The children will spend Mother's Day and Father's Day with the appropriate party from
9:00 a.m. until 7:00 p.m.
The holiday schedules shall supersede the regular custody schedule where applicable.
5. Transuortation: The transportation burden shall be shared by the parties, so
that the party receiving custody shall bear the burden of transportation. At all times, the
children shall be secured in appropriate passenger restraints. No person transporting the
children shall consume alcoholic beverages prior to transporting the child. No person
transporting the children shall be under the influence of any alcoholic beverages while
transporting the child.
6. Late for Exchange: In the event any party is more than twenty (20) minutes late
for a scheduled custody exchange, in the absence of a telephone call or other
communication from the party, the other party may assume that the parent who is late has
chosen not to exercise that period of custody, the period will be forfeited, and the other
party will be free to make other plans with the children.
7. Right of First Refusal: If either party is going to leave a child in the care of third party
(day care, friend or relative) for a period in excess of four (4) hours, the custodial parent
shall call the non-custodial parent to inquire as to whether they wish to exercise custody
during this period. This shall not apply during periods known to be the non-custodial
parent's normal working hours. It is within the sole discretion of the non-custodial parent
as to whether or not they wish to exercise custody during this period. If the non-custodial
parent does not wish to exercise custody during this period, the custodial parent may
utilize the services of a day care, friend and/or relative to care for the child.
Each party agrees to supply the name, address and telephone numbers of any persons in
whose care the child will be for a period in excess of four (4) hours, and for each person
or entity which may provide day care for a child.
8. Medical Care: Emergency decisions regarding the children shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of
a children at any time, any party then having custody of a children shall immediately
communicate with the other party by telephone or any other means practical, informing
the other party of the nature of the illness or emergency, so the other parent can become
involved in the decision making process as soon as practical.
The term "serious illness" as used herein shall mean any disability which confines a child
to bed for a period in excess of twenty-four (24) hours and which places the child under
the direction of a licensed physician.
9. Telephone Calls: Both parties are urged to use common sense in scheduling
telephone calls to talk to the children. Both parties are hereby directed to refrain from
preventing the parent who may be calling from talking to the children, or preventing the
child from calling the other parent, provided that the phone calls are not excessively
frequent nor too long in duration that they disrupt the children's schedule.
10. Disparaging Remarks: Each of the parties and any third party in the presence
of the children shall take all measures deemed advisable to foster a feeling of affection
between the children and other party. Neither party shall do nor shall either parent permit
any third person to do or say anything which may estrange the child from the other
parent, their spouse or relatives, or injure the children's opinion of the other party or
which may hamper the free and natural development of the children's love and respect
for the other parent. The parties shall not use the children to convey verbal messages to
the other parent about the custody situation or changes in the custody schedule.
11. Other Considerations: In the event that a significant matter arises with
respect to the medical care, education, or financial care of the children, such as a change
in occupation, health insurance, educational expenses, or residence of a party, those
matters shall be discussed with the other parent before any change is made by either
parent.
Each party shall confer with the other on all matters of importance relating to the
children's health, maintenance, and education with a view towards obtaining and
following a harmonious policy in the children's education and social adjustments. Each
party agrees to keep the other informed of his or her residence and telephone number to
facilitate communication concerning the welfare of the children and visitation.
The welfare and convenience of the children shall be the prime consideration of the
parties in any application of the provisions of this Order. Both parents are directed to
listen carefully and consider the wishes of the children in addressing the custodial
schedule, any changes to the schedule, and any other parenting issues.
12. Smoking / Drinking: No party shall smoke in any part of a confined area
with the children present and neither party shall permit another person to smoke in any
part of a confined area with the children present. No party shall drink alcoholic
beverages or consume illegal substances when in the presence of the children, and no
party shall be under the influence of alcoholic beverages or illegal substances when in the
presence of the children.
13. Modification: This Order is entered pursuant to a Custody Conciliation Conference.
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 be in complete agreement to any new terms. That
means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. In the absence
of mutual consent, the terms of this Order shall control.
EP,(?the Co
Distribution:
?1Glark Emery, Esquire
?homas Clark, Esquire
/John J. Mangan, Esquire
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JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-2242
: CIVIL ACTION - LAW
: IN 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 Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Colby J. Hoover 11/06/1992 Father
Caleb L. Hoover 12/01/2001 Mother
Caden H. Hoover 10/26/2004 Mother
2. A Conciliation Conference was held with regard to this matter on July 25, 2008
with the following individuals in attendance:
The Mother, Alice L. Hoover, with her counsel, Mark Emery, Esq.
The Father, James M. Hoover, Jr., with his counsel, Thomas Clark, Esq.
3. The parties agreed to the entry of an Order in the form as attached. L Y. Date John , Esquire
Cu ody onciliator
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE. L. HOOVER,
Defendant.
AND NOW, this day of
2009, James M. Hoover, Jr., of
Etters, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Alice L. Hoover
of Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), having reached an
agreement to mutually settle and resolve the issues of custody of their minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and Caden H.
Hoover, born on October 26, 2004, desire to legally obligate themselves to adhere to the terms of
said Agreement:
WHEREAS James M. Hoover, Jr., is the natural father of said minor children; and
WHEREAS Alice L. Hoover is the natural mother of said minor children; and
WHEREAS the parties, having reached an agreement regarding custody prior to a trial, are
desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation
for entry as a court Order.
NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father,
intending to be legally bound, do agree as follows:
1. Legal Custody: The parties shall share legal custody of the minor children. Joint
legal custody means the right of both parents to control and share in making decisions of importance
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
CIVIL ACTION - LAW
IN CUSTODY
in the life of their child, including educational, medical and religious decisions. Both parents shall
be entitled to equal access to the child's school, medical, dental and other important records. As
soon as practicable after receipt by a party, copies of the child's school schedules, special events
notifications, report cards and similar notices shall be provided to the other party. Each party shall
notify the other of any medical, dental, optical and other appointments of the child with health care
providers sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
children's day to day living shall be made by the parent then having custody, consistent with the
other provisions of this Order.
2. Physical Custody Father shall have primary physical custody of Colby J. Hoover.
Mother shall have primary physical custody of Caleb L. Hoover and Caden H. Hoover. Partial
physical custody is the right to take possession of the children or child away from the custodial
parent for a certain period of time.
Father's Partial Physical Custody: Father shall have partial physical custody of
Caleb L. Hoover and Caden H. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing the Friday
following the signing of the Custody Stipulation Agreement.
b) Father shall have the right to extend his alternating weekend through
Monday at 6:00 p.m. If Father chooses to extend his weekend of
custody through Monday, Father shall provide notice no later than the
Wednesday of the week immediately prior to his weekend.
C) On all school holidays that fall on the Monday after Father's regularly
scheduled weekend. On these Mondays, Father shall relinquish
custody at 6:00 p.m.
d) In addition to Father's regularly scheduled weekends, Father shall
have the right to exercise partial custody on four additional weekends
per calender year from 6:00 p.m. on Friday and continuing until 6:00
p.m. on Sunday. In exercising these periods of custody, Father shall
provide Mother with fifteen (15) days notice. Father shall not
exercise more than one (1) additional weekend per month.
Mother's Partial P/rysical Custody: Mother shall have partial physical custody of
Colby J. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Every Thursday from 4:00 p.m. until 8:00 p.m.
Summer Vacation: "Summer" shall be defined as the period commencing on the first
Friday following the last day of school in the children's home district, and ending on
the last Friday preceding the start of school in the children's home district.
Each parent may choose two (2) weeks during the summer when he/she may
have uninterrupted partial custody of all three (3) children for the entire period during
the summer. At the conclusion of the period of vacation, the parties shall resume
their regular schedule of custody previously set forth in this Agreement. The weeks
shall not be scheduled consecutively. Additionally, Mother shall always schedule her
weeks of vacation during weeks where she is already exercising custody of Caleb L.
Hoover and Caden H. Hoover.
The parents shall give at least thirty (30) days written notice of intent to take
the period or periods of summer vacation to the other parent and shall provide
reasonable notice of the locations at which they will be staying. The party who first
gives notice shall always take precedence, and the other party shall not schedule a
period of vacation during that time. For purposes of vacation, a week begins on
Friday at 6:00 pan. and extends to Friday at 6:00 p.m. Each parent should
incorporate their week or weekend into that one-week period.
Caden H. Hoover: At no time until Caden is able to manage his condition himself,
shall Caden be left under the custody,, supervision or control of any individual not
able to administer Caden's medications address blood sugar level, or otherwise be
able to assess and treat Caden's medical conditions for a period in excess of three
hours. The parent that is entitled to physical custody of Caden and who is not
physically present for said custodial period shall notify the other parent and give
contact information regarding who is caring for Caden and how to contact the care-
giver.
3. Holidays: In odd numbered years, Father shall have custody on the following
holidays: New Year's Day, July 4th, and Thanksgiving. In even numbered years, Father shall have
custody on the following holidays: Easter, Memorial Day and Labor Day. In even numbered years,
Mother shall have custody on the following holidays: New Year's Day, July 4th, and Thanksgiving.
In odd numbered years, Mother shall have custody on the following holidays: Easter, Memorial Day
and Labor Day. Holiday custody shall commence at 9:00 a.m. on the day of the holiday, and shall
end at 7:30 p.m. on the day of the holiday.
hristmas: Mother shall have the children from 3:00 p.m. on Christmas Eve
until 3:00 p.m. on Christmas Day. Father shall have the children from 3:00
p.m. on Christmas Day until 3:00 p.m. on December 29"'.
The children will spend Mother's Day and Father's Day with the appropriate party from 9:00
a.m. Until 7:00 p.m.
The holiday schedules shall supersede the regular custody schedule where applicable.
4. Transportation: The transportation burden shall be shared by the parties, so
that the party receiving custody shall bear the burden of transportation. At all times, the children
shall be secured in appropriate passenger restraints. No person transporting the children shall
consume alcoholic beverages prior to transporting the child.
The parent who has custody of the children on a school day shall be responsible for
transporting the children to school at the appropriate time.
5. Late for Exchange: In the event any party is more than twenty (20) minutes late
for a scheduled custody exchange, in the absence of a telephone call or other communication from
the party, the other party may assume that the parent who is late has chosen not to exercise that
period of custody, the period will be forfeited, and the other party will be free to make other plans
with the children.
6. Right of First Refusal: If either party is going to leave a child in the care of third
party (day care, friend or relative) for a period in excess of four (4) hours, the parent shall call the
other parent to inquire as to whether they wish to exercise custody during this period. It is within
the sole discretion of the non-custodial parent as to wether or not they wish to exercise custody
during this period. If the non-custodial parent does not wish to exercise custody during this period,
the custodial parent may utilize the services of a daycare, friend and/or relative.
If the non-custodial parent is to be off work during his/her otherwise normal work hours, the
non-custodial parent may inquire as to wether or not the custodial parent is utilizing a daycare
provider, friend or relative. If the custodial parent is utilizing the services of a daycare, friend or
relative for a period in excess of four (4) hours, the non-custodial parent shall have the right to
exercise custody during this period.
Each party agrees to supply the name, address and telephone numbers of any persons in
whose care the children will be for a period in excess of four (4) hours, and for each person or entity
which may provide day care for a children.
7. Medical Care: Emergency decisions regarding the children shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of a child at
any time, any party then having custody of a child shall immediately communicate with the other
party by telephone or any other means practical, informing the other party of the nature of the illness
or emergency, so the other parent can become involved in the decision making process as soon as
practical.
The term "serious illness" as used herein shall mean any disability which confines a child to
bed for a period in excess of twenty-four (24) hours and which places the child under the direction
of a licensed physician.
8. Jelephone Calls: Both parties are urged to use common sense in scheduling
telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing
the parent who may be calling from talking to the children, or preventing the children from calling
the other parent, provided that the phone calls are not excessively frequent nor too long in duration
that they disrupt the children's schedule.
The non-custodial parent may call two (2) times on the weekend to obtain information on
Caden's blood sugar levels or other health issues. In the event that the non-custodial parent is
not able to answer such call, he/she shall return the call within one (1) hour of realizing the
missed call.
9. Disparaging Remarks: Each of the parties and any third party in the presence
of the children shall take all measures deemed advisable to foster a feeling of affection between
the chi 1dren and other party. Neither party shall do nor shall either parent permit any third person
to do or say anything which may estrange the children from the other parent, their spouse or
relatives, or injure the children's opinion of the other party or which may hamper the free and
natural development of the children's love and respect for the other parent. The parties shall not
use the children to convey verbal messages to the other parent about the custody situation or
changes in the custody schedule.
10. Other Considerations: In the event that a significant matter arises with
respect to the medical care, education, or financial care of the children, such as a change in
occupation, health insurance, educational expenses, or residence of a party, those matters shall be
discussed with the other parent before any change is made by either parent.
Each party shall confer with the other on all matters of importance relating to the
children's health, maintenance, and education with a view towards obtaining and following a
harmonious policy in the children's education and social adjustments. Each party agrees to keep
the other informed of his or her residence and telephone number to facilitate communication
concerning the welfare of the children and visitation.
The welfare and convenience of the children shall be the prime consideration of the
parties in any application of the provisions of this Order. Both parents are directed to listen
carefully and consider the wishes of the children in addressing the custodial schedule, any
changes to the schedule, and any other parenting issues.
11. Smoking / Drinking: No party shall smoke in any part of a confined area
with the children present and neither party shall permit another person to smoke in any part of a
confined area with the children present. No party shall drink alcoholic beverages or consume
illegal substances when in the presence of the children, and no party shall be under the influence
of alcoholic beverages or illegal substances when in the presence of the children.
12. Modification: 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 be in complete agreement to any
new terms. That means both parties must consent on what the new terms of the custody
arrangement or visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This Agreement and
Court Order is set out in detail so both parties have it to refer to and to govern their relationship
with the children and with each other in the event of a disagreement.
WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall
be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order.
Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody
voluntarily and after the opportunity to consult with their respective counsel.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
w
4'eoe
me?.A4?>yIoover, J
itness Witness
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
ACKNOWLEDGMENT OF PARTIES TO ENTRY
OF STIPULATION AS ORDER OF COURT
AND NOW, to wit, this , day of , 2009, the parties in the above-referenced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
Jai eS M. Hoover, Jr.
Witness
L. Hoover
Witness
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FHB 0 4 2436
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
VS. .
NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Defendant. : IN CUSTODY
ORDER ADOPTING STIPULATION OF PARTIES
6%, )kq
day of , 2009, upon consideration of the
AND NOW, to wit, this
foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the
terms, conditions and provisions of the foregoing Stipulation, dated , 2009, are
adopted as an Order of Court as if set forth herein at length.
I-A
? ? 4
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, this Z' Aday of K kmc,it , 2009, James M. Hoover, Jr., of
Etters, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Alice L. Hoover
of Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), having reached an
agreement to mutually settle and resolve the issues of custody of their minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and Caden H.
Hoover, born on October 26, 2004, desire to legally obligate themselves to adhere to the terms of
said Agreement:
WHEREAS James M. Hoover, Jr., is the natural father of said minor children; and
WHEREAS Alice L. Hoover is the natural mother of said minor children; and
WHEREAS the parties, having reached an agreement regarding custody prior to a trial, are
desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation
for entry as a court Order.
NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father,
intending to be legally bound, do agree as follows:
1. Laal Custody: The parties shall share legal custody of the minor children. Joint
legal custody means the right of both parents to control and share in making decisions of importance
in the life of their child, including educational, medical and religious decisions. Both parents shall
be entitled to equal access to the child's school, medical, dental and other important records. As
soon as practicable after receipt by a party, copies of the child's school schedules, special events
notifications, report cards and similar notices shall be provided to the other party. Each party shall
notify the other of any medical, dental, optical and other appointments of the child with health care
providers sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
child's day to day living shall be made by the parent then having custody, consistent with the other
provisions of this Order.
2. Physical Custody of Colby J Hoover and Caden H Hoover: Father shall have
primary physical custody of Colby J. Hoover. Mother shall have primary physical custody of Caden
H. Hoover. Partial physical custody is the right to take possession of the children or child away from
the custodial parent for a certain period of time.
Father's Partial Pkvsical C40049ofCaden H. Hoover. Father shall have partial
physical custody of Caden H. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing the Friday
following the signing of the Custody Stipulation Agreement
b) Father shall have the right to extend his alternating weekend through
Monday at 6:00 p.m. If Father chooses to extend his weekend of
custody through Monday, Father shall provide notice no later than the
Wednesday of the week immediately prior to his weekend.
c) On all school holidays that fall on the Monday after Father's regularly
scheduled weekend. On these Mondays, Father shall relinquish
custody at 6:00 p.m.
d) In addition to Father's regularly scheduled weekends, Father shall
have the right to exercise partial custody on four additional weekends
per calender year from 6:00 p.m. on Friday and continuing until 6:00
p.m. on Sunday. In exercising these periods of custody, Father shall
provide Mother with fifteen (15) days notice. Father shall not
exercise more than one (1) additional weekend per month.
Mother's Partial Plivsical Custody of Colby J. Hoover. Mother shall have partial
physical custody of Colby J. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Every Thursday from 4:00 p.m. until 8:00 p.m.
Physical Custody of Caleb L. Hoover: From the date of the signing of this
Agreement until July 1, 2009, Father and Mother shall share physical custody of Caleb L. Hoover
on a week on/week off basis from Sunday at 6:00 p.m. until the following Sunday at 6:00 p.m.
Father shall have custody of Caleb L. Hoover on the first Sunday following the signing of this
Agreement.
Beginning July 1, 2009, Father shall have primary physical custody of Caleb L. Hoover and
Mother shall have partial physical custody of Caleb L. Hoover. Partial physical custody is the right
to take possession of the children or child away from the custodial parent for a certain period of time.
Mother's Partial Physical Custody of Caleb L Hoover ftkal" 'v 1 2009.
Mother shall have partial physical custody of Caleb L. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Mother shall have the right to extend her alternating weekend through
Monday at 6:00 p.m. If Mother chooses to extend her weekend of
custody through Monday, Mother shall provide notice no later than
the Wednesday of the week immediately prior to her weekend.
c) Every Thursday from 4:00 p.m. until 8:00 p.m.
S'wmwr Vacation: "Summer" shall be defined as the period commencing on the first
Friday following the last day of school in the children's home district, and ending on
the last Friday preceding the start of school in the children's home district.
Each parent may choose two (2) weeks during the summer when he/she may
have uninterrupted partial custody of all three (3) children for the entire period during
the summer. At the conclusion of the period of vacation, the parties shall resume
their regular schedule of custody previously set forth in this Agreement. The weeks
shall not be scheduled consecutively. Additionally, Mother shall always schedule her
weeks of vacation during weeks where she is already exercising custody of Caden H.
Hoover.
The parents shall give at least thirty (30) days written notice of intent to take
the period or periods of summer vacation to the other parent and shall provide
reasonable notice of the locations at which they will be staying. The party who first
gives notice shall always take precedence, and the other party shall not schedule a
period of vacation during that time. For purposes of vacation, a week begins on
Friday at 6:00 p.m. and extends to Friday at 6:00 p.m. Each parent should
incorporate their week or weekend into that one-week period.
t
l1
t
Caden H. Hoover.- At no time until Caden is able to manage his condition himself,
shall Caden be left under the custody, supervision or control of any individual not
able to administer Caden's medications, address blood sugar level, or otherwise be
able to assess and treat Caden's medical conditions for a period in excess of three
hours. The parent that is entitled to physical custody of Caden and who is not
physically present for said custodial period shall notify the other parent and give
contact information regarding who is caring for Caden and how to contact the care-
giver.
3. Possible Relocation: At the time of the signing of this Agreement the parties both
understand that Mother may relocate out of state or to a distance greater than 90 miles from her
current residence. Father hereby consents to any such relocation, and such consent may not be
withdrawn, and shall be superseded only by an Order of Court. Wife shall be required to provide
written notice of her intent to relocate at least forty-five (45) days prior to any relocation. The
parties agree that, in the event Mother is to relocate, primary custody of Caden H. Hoover shall
remain with Mother and primary custody of Colby J. Hoover and Caleb L. Hoover shall remain with
Father. In the event Mother is to relocate, the parties agree that the times for partial physical custody
with the other parent will have to be adjusted given the distance between the parties. Both parties
agree to try to agree on a partial physical custody schedule that is convenient for the parties and the
children.
4. Holidays: In odd numbered years, Father shall have custody on the following
holidays: New Year's Day, July 4th, and Thanksgiving. In even numbered years, Father shall have
custody on the following holidays: Easter, Memorial Day and Labor Day. In even numbered years,
Mother shall have custody on the following holidays: New Year's Day, July 4th, and Thanksgiving.
In odd numbered years, Mother shall have custody on the following holidays: Easter, Memorial Day
and Labor Day. Holiday custody shall commence at 9:00 a.m. on the day of the holiday, and shall
end at 7:30 p.m. on the day of the holiday.
Christmas: Mother shall have the children from 3:00 p.m. on Christmas Eve
until 3:00 p.m. on Christmas Day. Father shall have the children from 3:00
p.m. on Christmas Day until 3:00 p.m. on December 29.
The children will spend Mother's Day and Father's Day with the appropriate party from 9:00
a.m. until 7:00 p.m.
The holiday schedules shall supersede the regular custody schedule where applicable.
5. TrawWrtation: The transportation burden shall be shared by the parties, so
that the party receiving custody shall bear the burden of transportation. At all times, the children
shall be secured in appropriate passenger restraints. No person transporting the children shall
consume alcoholic beverages prior to transporting the child.
The parent who has custody of the children on a school day shall be responsible for
transporting the children to school at the appropriate time.
6. Late for Exchange: In the event any party is more than twenty (20) minutes late
for a scheduled custody exchange, in the absence of a telephone call or other communication from
the party, the other party may assume that the parent who is late has chosen not to exercise that
period of custody, the period will be forfeited, and the other party will be free to make other plans
with the children.
7. Mt of Fib Refusal: If either party is going to leave a child in the care of third
party (day care, friend or relative) for a period in excess of four (4) hours, the parent shall call the
other parent to inquire as to whether they wish to exercise custody during this period. It is within
the sole discretion of the non-custodial parent as to wether or not they wish to exercise custody
during this period. If the non-custodial parent does not wish to exercise custody during this period,
the custodial parent may utilize the services of a daycare, friend and/or relative.
If the non-custodial parent is to be offwork during his/her otherwise normal work hours, the
non-custodial parent may inquire as to wether or not the custodial parent is utilizing a daycare
provider, friend or relative. If the custodial parent is utilizing the services of a daycare, friend or
relative for a period in excess of four (4) hours, the non-custodial parent shall have the right to
exercise custody during this period.
Each party agrees to supply the name, address and telephone numbers of any persons in
whose care the children will be for a period in excess of four (4) hours, and for each person or entity
which may provide day care for the children.
8. Medical Care: Emergency decisions regarding the children shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of a child at
any time, any party then having custody of a child shall immediately communicate with the other
party by telephone or any other means practical, informing the other party of the nature of the illness
or emergency, so the other parent can become involved in the decision making process as soon as
practical.
The term "serious illness" as used herein shall mean any disability which confines a child to
bed for a period in excess of twenty-four (24) hours and which places the child under the direction
of a licensed physician.
9. Telohone Calls: Both parties are urged to use common sense in scheduling
telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing
the parent who may be calling from talking to the children, or preventing the children from calling
the other parent, provided that the phone calls are not excessively frequent nor too long in duration
that they disrupt the children's schedule.
The non-custodial parent may call two (2) times on the weekend to obtain information on
Caden's blood sugar levels or other health issues. In the event that the non-custodial parent is not
able to answer such call, he/she shall return the call within one (1) hour of realizing the missed call.
10. Dinaraging Remarks: Each of the parties and any third party in the presence
of the children shall take all measures deemed advisable to foster a feeling of affection between the
children and other party. Neither party shall do nor shall either parent permit any third person to do
or say anything which may estrange the children from the other parent, their spouse or relatives, or
injure the children's opinion of the other party or which may hamper the free and natural
development of the children's love and respect for the other parent. The parties shall not use the
children to convey verbal messages to the other parent about the custody situation or changes in the
custody schedule.
11. Other Considerations: In the event that a significant matter arises with respect to
the medical care, education, or financial care of the children, such as a change in occupation, health
insurance, educational expenses, or residence of a party, those matters shall be discussed with the
other parent before any change is made by either parent.
Each party shall confer with the other on all matters of importance relating to the children's
health, maintenance, and education with a view towards obtaining and following a harmonious
policy in the children's education and social adjustments. Each party agrees to keep the other
informed of his or her residence and telephone number to facilitate communication concerning the
welfare of the children and visitation.
The welfare and convenience of the children shall be the prime consideration of the parties
in any application of the provisions of this Order. Both parents are directed to listen carefully and
consider the wishes of the children in addressing the custodial schedule, any changes to the schedule,
and any other parenting issues.
12. Smoking / Drinking: No party shall smoke in any part of a confined area with the
children present and neither party shall permit another person to smoke in any part of a confined area
with the children present. No party shall drink alcoholic beverages or consume illegal substances
when in the presence of the children, and no party shall be under the influence of alcoholic beverages
or illegal substances when in the presence of the children.
13. Modification: 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 be in complete agreement to any new
terms. That means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This Agreement and Court
Order is set out in detail so both parties have it to refer to and to govern their relationship with the
children and with each other in the event of a disagreement.
WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be
submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both
parties acknowledge that they have entered into this Agreement and Stipulation of Custody
voluntarily and after the opportunity to consult with their respective counsel.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year fi bove writ;?-"o , Aiwj4e?wjo)
. Hoover, J
J es M
L. Hod er
Witness
Witness
JAMES M. HOOVER, JR.,
Plaintiff,
vs.
ALICE L. HOOVER, .
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
A_ CKNOWLEDG NT OF PARTIES TO ENTRY_
OF STIPULATION AS ORDER OF COURT
AND NOW, to wit, this , day of , 2009, the parties in the above-referenced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
2:: ??- - I
J es M. Hoover, Jr. 6?z?
Witness
lice. H r
Witness
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year 6 ve written.
? w_
Jay& M. Hoover, Jr.
Witness
ice L. Hoo
Witn
JAMES M. HOOVER, JR.,
Plaintiff,
vs.
ALICE L. HOOVER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, to wit, this ?-'ff , day of K,*gLt4-- , 2009, the parties in the above-refereiiced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
J es M. Hoover, Jr.
Witness
-VAPJP-Z-6?
Alice C oov
Witness
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first a written. /f
J over, Jr. ice . Hoo
Witness Witness
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, to wit, this ?-q `k, day of m K-kc-i 4 , 2009, the parties in the above-referertced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
J M. Hoover, Jr
Witness - P1 t??d
Alice . 'Hc-kwar
i?
Witness
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
-ce L.
Witness
e,- '-N
Witness
JAMES M, HOOVER, JR.,
Plebtiff,
vs.
ALICE L. HOOVER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
c NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, to wit, this 2,i44', day of +-%n2a. 2009, the parties in the above-referenced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court
Ja)des M. Hoover, Jr.
0, < ?
Witness
lice L. o0
Witness
year
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
??ove written. / AA
paver, Jr. icx L. HoovW I
Witness
witness
JAMES X HOOVER, JR,
Plaintiff,
Vs.
ALICE L. HOOVER, -
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
AND NOW, to wit, this day of m*n-c + , 2009, the parties in the above-refero iiiced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
;'I'm M. Hoover, Jr.
Witness
Iice L. o0
Witriess
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[P 't -+C
MAR 3 i 2009A
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Defendant. : IN CUSTODY
ORDER ADOPTING TIPU OFEARM
AND NOW, to writ, this 51 ?day of V?? 2009, upon consideration of the
foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms,
conditions and provisions of the foregoing Stipulation, dated , are adopted as
an Order of Court as if set forth herein at length.
C/
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40
"Iww? 140
r?-
2C1CF B 22 "''' I 43
JAMES M. HOOVER, JR.,
Petitioner,
VS.
: IN THE CO T-,OF COOUPiN PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
ALICE L. HOOVER,
Respondent,
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW COMES, James M. Hoover, Jr., by and through his attorney, Thomas M. Clark,
Esquire, of Colgan Marzzacco, LLC, and files the instant Petition for Modification of Custody, and
in support thereof, avers as follows:
The Petitioner is James M. Hoover, Jr., who currently resides at 29 Saint Andrews
Way, Etters, York County, Pennsylvania.
2. The Respondent is Alice L. Hoover, who currently resides at 126 South Locust Street,
Apartment #1, Shiremanstown, Cumberland County, Pennsylvania.
3. Petitioner seeks shared legal custody and primary physical custody of the following
children: Colby J. Hoover, born in 1992, age 17, Caleb L. Hoover, born in 2001, age 8, and Caden H.
Hoover, born in 2004, age 5.
The children were not born out of wedlock.
The children are presently in the physical custody of Petitioner.
4. During the past five years, the child has resided with the following persons and at the
following addresses:
00. oo Pa A77-(
W 33'lq
2T* a-V 58
Previous addresses: Resided with:
July 2004 - December 31, 2006 All Children/Mother/Father
124 Sunset Drive, Mt Holly Springs, PA
January 1, 2006 - July 2007 All Children/Mother
124 Sunset Drive, Mt Holly Springs, PA
August 2007 - August 2008 Caleb/Caden/Mother
2 Windcroft Court, Carlisle, PA
August 2007 - August 2008 Colby/Father
29 Saint Andrews Way, Etters, PA
September 2008 - July 2009 Caleb/Caden/Mother
126 S. Locust St., Apt. 1, Shiremanstown, PA
September 2008 - July 2009 Colby/Father
29 Saint Andrews Way, Etters, PA
July 2009 - August 2009 Caden/Mother
126 S. Locust St., Apt. 1, Shiremanstown, PA
July 2009 - August 2009 Colby/Caleb/Father
29 Saint Andrews Way, Etters, PA
September 2009 - Present All Children/Father
29 Saint Andrews Way, Etters, PA
The mother of the children is Alice L. Hoover, currently residing at 126 South Locust Street,
Apartment #1, Shiremanstown, Cumberland County, Pennsylvania.
The father of the children is James M. Hoover, Jr., currently residing at 29 Saint Andrews
Way, Etters, Pennsylvania.
5. The relationship of Petitioner to the children is that of Father. The children currently
reside with Petitioner.
6. The relationship of Respondent to the children is that of Mother.
7. Petitioner has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state. The parties signed a Custody
Stipulation on March 24, 2009. The Custody Stipulation was signed by The Honorable Edgar B.
Bayley on April 1, 2009 and docketed at the above-captioned docket. Said Custody Stipulation is
attached hereto as Exhibit A as if fully set forth herein.
8. Petitioner does not know of a person not a party to the proceedings who has physical
custody of the children or who claims to have custody or visitation rights with respect to the children.
9. The best interest and permanent welfare of the children will be served by granting
Petitioner shared legal custody and primary physical custody of the children.
10. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, Petitioner respectfully requests This Honorable Court to award shared legal
custody and primary physical custody of the minor children.
Dated: 2 /G /G
Respectfully Submitted,
COLGAN MARZZACCO, LLC
B
Y
Thomas M. Clark, Esquire
Attorney ID #85211
130 West Church Street
Suite 100
Dillsburg, PA 17019
Tel: (717) 502-5000
Fax: (717) 502-5050
EXHIBIT A
MAR 3 LA 6
JAMES M. HOOVER, JR.,
Plaintiff,
Vs.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
CIVIL ACTION - LAW
IN CUSTODY
ORDER ADOPTING STIPULATION OF PARTIES
AND NOW, to wit, this day of 2009, upon consideration of the
foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms,
conditions and provisions of the foregoing Stipulation, dated , 2009, are adopted as
an Order of Court as if set forth herein at length.
BY THE COURT:
l
/J
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
`-
NO. 2008-2242
CIVIL ACTION - LAW
IN CUSTODY'
AND NOW, this 2`f day of tM a rZc-t j , 2009, James M. Hoover, Jr., off'
Etters, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Alice L. Hoover
of Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), having reached an
agreement to mutually settle and resolve the issues of custody of their minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and Caden H.
Hoover, born on October 26, 2004, desire to legally obligate themselves to adhere to the terms of
said Agreement:
WHEREAS James M. Hoover, Jr., is the natural father of said minor children; and
WHEREAS Alice L. Hoover is the natural mother of said minor children; and
WHEREAS the parties, having reached an agreement regarding custody prior to a trial, are
desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation
for entry as a court Order.
NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father,
intending to be legally bound, do agree as follows:
1. ILaal Custody: The parties shall share legal custody of the minor children. Joint
legal custody means the right of both parents to control and share in making decisions of importance
in the life of their child, including educational, medical and religious decisions. Both parents shall
be entitled to equal access to the child's school, medical, dental and other important records. As
soon as practicable after receipt by a party, copies of the child's school schedules, special events
notifications, report cards and similar notices shall be provided to the other party. Each party shall
notify the other of any medical, dental, optical and other appointments of the child with health care
providers sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
child's day to day living shall be made by the parent then having custody, consistent with the other
provisions of this Order.
2. Physical Custody of Colby I Hoover and Caden H. Hoover: Father shall have
primary physical custody of Colby J. Hoover. Mother shall have primary physical custody of Caden
H. Hoover. Partial physical custody is the right to take possession of the children or child away from
the custodial parent for a certain period of time.
Father's Partial Phvsiral Custody of Caden H. Hoover. Father shall have partial
physical custody of Caden H. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing the Friday
following the signing of the Custody Stipulation Agreement.
b) Father shall have the right to extend his alternating weekend through
Monday at 6:00 p.m. If Father chooses to extend his weekend of
custody through Monday, Father shall provide notice no later than the
Wednesday of the week immediately prior to his weekend.
c) On all school holidays that fall on the Monday after Father's regularly
scheduled weekend. On these Mondays, Father shall relinquish
custody at 6:00 p.m.
d) In addition to Father's regularly scheduled weekends, Father shall
have the right to exercise partial custody on four additional weekends
per calender year from 6:00 p.m. on Friday and continuing until 6:00
p.m. on Sunday. In exercising these periods of custody, Father shall
provide Mother with fifteen (15) days notice. Father shall not
exercise more than one (1) additional weekend per month.
Mother's Partial Ph vsical Custody of Colby J. Hoover: Mother shall have partial
physical custody of Colby J. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Every Thursday from 4:00 p.m. until 8:00 p.m.
Physical Custody of Caleb L. Hoover: From the date of the signing of this
Agreement until July 1, 2009, Father and Mother shall share physical custody of Caleb L. Hoover
on a week on/week off basis from Sunday at 6:00 p.m. until the following Sunday at 6:00 p.m.
Father shall have custody of Caleb L. Hoover on the first Sunday following the signing of this
Agreement.
Beginning July 1, 2009, Father shall have primary physical custody of Caleb L. Hoover and
Mother shall have partial physical custody of Caleb L. Hoover. Partial physical custody is the right
to take possession ofthe children or child away from the custodial parent for a certain period of time.
Mother's Partial Physical Custody of Caleb L. Hoover Beginning lulu 1.2009:
Mother shall have partial physical custody of Caleb L. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Mother shall have the right to extend her alternating weekend through
Monday at 6:00 p.m. If Mother chooses to extend her weekend of
custody through Monday, Mother shall provide notice no later than
the Wednesday of the week immediately prior to her weekend.
c) Every Thursday from 4:00 p.m. until 8:00 p.m.
Summer Vacation: "Summer" shall be defined as the period commencing on the first
Friday following the last day of school in the children's home district, and ending on
the last Friday preceding the start of school in the children's home district.
Each parent may choose two (2) weeks during the summer when he/she may
have uninterrupted partial custody of all three (3) children for the entire period during
the summer. At the conclusion of the period of vacation, the parties shall resume
their regular schedule of custody previously set forth in this Agreement. The weeks
shall not be scheduled consecutively. Additionally, Mother shall always schedule her
weeks of vacation during weeks where she is already exercising custody of Caden H.
Hoover.
The parents shall give at least thirty (30) days written notice of intent to take
the period or periods of summer vacation to the other parent and shall provide
reasonable notice of the locations at which they will be staying. The party who first
gives notice shall always take precedence, and the other party shall not schedule a
period of vacation during that time. For purposes of vacation, a week begins on
Friday at 6:00 p.m. and extends to Friday at 6:00 p.m. Each parent should
incorporate their week or weekend into that one-week period.
Caden H. Hoover. At no time until Caden is able to manage his condition himself,
shall Caden be left under the custody, supervision or control of any individual not
able to administer Caden's medications, address blood sugar level, or otherwise be
able to assess and treat Caden's medical conditions for a period in excess of three
hours. The parent that is entitled to physical custody of Caden and who is not
physically present for said custodial period shall notify the other parent and give
contact information regarding who is caring for Caden and how to contact the care-
giver.
3. Possible Relocation: At the time of the signing of this Agreement the parties both
understand that Mother may relocate out of state or to a distance greater than 90 miles from her
current residence. Father hereby consents to any such relocation, and such consent may not be
withdrawn, and shall be superseded only by an Order of Court. Wife shall be required to provide
written notice of her intent to relocate at least forty-five (45) days prior to any relocation. The
parties agree that, in the event Mother is to relocate, primary custody of Caden H. Hoover shall
remain with Mother and primary custody of Colby J. Hoover and Caleb L. Hoover shall remain with
Father. In the event Mother is to relocate, the parties agree that the times for partial physical custody
with the other parent will have to be adjusted given the distance between the parties. Both parties
agree to try to agree on a partial physical custody schedule that is convenient for the parties and the
children.
4. Holidays; In odd numbered years, Father shall have custody on the following
holidays: New Year's Day, July 4th, and Thanksgiving. In even numbered years, Father shall have
custody on the following holidays: Easter, Memorial Day and Labor Day. In even numbered years,
Mother shall have custody on the following holidays: New Year's Day, July 4th, and Thanksgiving.
In odd numbered years, Mother shall have custody on the following holidays: Easter, Memorial Day
and Labor Day. Holiday custody shall commence at 9:00 a.m. on the day of the holiday, and shall
end at 7:30 p.m. on the day of the holiday.
Chr s: Mother shall have the children from 3:00 p.m. on Christmas Eve
until 3:00 p.m. on Christmas Day. Father shall have the children from 3:00
p.m. on Christmas Day until 3:00 p.m. on December 291h
The children will spend Mother's Day and Father's Day with the appropriate party from 9:00
a.m. until 7:00 p.m.
The holiday schedules shall supersede the regular custody schedule where applicable.
5. Transportation: The transportation burden shall be shared by the parties, so
that the party receiving custody shall bear the burden of transportation. At all times, the children
shall be secured in appropriate passenger restraints. No person transporting the children shall
consume alcoholic beverages prior to transporting the child.
The parent who has custody of the children on a school day shall be responsible for
transporting the children to school at the appropriate time.
6. Late for Exchange: In the event any party is more than twenty (20) minutes late
for a scheduled custody exchange, in the absence of a telephone call or other communication from
the party, the other party may assume that the parent who is late has chosen not to exercise that
period of custody, the period will be forfeited, and the other party will be free to make other plans
with the children.
7. Right of First Refusal: If either party is going to leave a child in the care of third
party (day care, friend or relative) for a period in excess of four (4) hours, the parent shall call the
other parent to inquire as to whether they wish to exercise custody during this period. It is within
the sole discretion of the non-custodial parent as to wether or not they wish to exercise custody
during this period. If the non-custodial parent does not wish to exercise custody during this period,
the custodial parent may utilize the services of a daycare, friend and/or relative.
If the non-custodial parent is to be offwork during his/her otherwise normal work hours, the
non-custodial parent may inquire as to wether or not the custodial parent is utilizing a daycare
provider, friend or relative. If the custodial parent is utilizing the services of a daycare, friend or
relative for a period in excess of four (4) hours, the non-custodial parent shall have the right to
exercise custody during this period.
Each party agrees to supply the name, address and telephone numbers of any persons in
whose care the children will be for a period in excess of four (4) hours, and for each person or entity
which may provide day care for the children.
8. Medical Care: Emergency decisions regarding the children shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of a child at
any time, any party then having custody of a child shall immediately communicate with the other
party by telephone or any other means practical, informing the other party of the nature of the illness
or emergency, so the other parent can become involved in the decision making process as soon as
practical.
The term "serious illness" as used herein shall mean any disability which confines a child to
bed for a period in excess of twenty-four (24) hours and which places the child under the direction
of a licensed physician.
9. Telephone Calls, Both parties are urged to use common sense in scheduling
telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing
the parent who may be calling from talking to the children, or preventing the children from calling
the other parent, provided that the phone calls are not excessively frequent nor too long in duration
that they disrupt the children's schedule.
The non-custodial parent may call two (2) times on the weekend to obtain information on
Caden's blood sugar levels or other health issues. In the event that the non-custodial parent is not
able to answer such call, he/she shall return the call within one (1) hour of realizing the missed call.
10. Disparaging Remarks: Each of the parties and any third party in the presence
of the children shall take all measures deemed advisable to foster a feeling of affection between the
children and other party. Neither party shall do nor shall either parent permit any third person to do
or say anything which may estrange the children from the other parent, their spouse or relatives, or
injure the children's opinion of the other party or which may hamper the free and natural
development of the children's love and respect for the other parent. The parties shall not use the
children to convey verbal messages to the other parent about the custody situation or changes in the
custody schedule.
11. Other Considerations: In the event that a significant matter arises with respect to
the medical care, education, or financial care of the children, such as a change in occupation, health
insurance, educational expenses, or residence of a party, those matters shall be discussed with the
other parent before any change is made by either parent.
Each party shall confer with the other on all matters of importance relating to the children's
health, maintenance, and education with a view towards obtaining and following a harmonious
policy in the children's education and social adjustments. Each party agrees to keep the other
informed of his or her residence and telephone number to facilitate communication concerning the
welfare of the children and visitation.
The welfare and convenience of the children shall be the prime consideration of the parties
in any application of the provisions of this Order. Both parents are directed to listen carefully and
consider the wishes of the children in addressing the custodial schedule, any changes to the schedule,
and any other parenting issues.
12. Smoking / Drinking: No party shall smoke in any part of a confined area with the
children present and neither party shall permit another person to smoke in any part of a confined area
with the children present. No party shall drink alcoholic beverages or consume illegal substances
when in the presence of the children, and no party shall be under the influence of alcoholic beverages
or illegal substances when in the presence of the children.
13. Modification: 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 be in complete agreement to any new
terms. That means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
in the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This Agreement and Court
Order is set out in detail so both parties have it to refer to and to govern their relationship with the
children and with each other in the event of a disagreement.
WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be
submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both
parties acknowledge that they have entered into this Agreement and Stipulation of Custody
voluntarily and after the opportunity to consult with their respective counsel.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year fir Bove written.
J es M. Hoover, J
A ' L. Hoo er
Witness
Witness
JAMES M. HOOVER, JR.,
Plaintiff,
vs.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
ACKNOWLEDGMENT OF PARTIES TO ENTRY
OF STIPULATION AS ORDER OF COURT
AND NOW, to wit, this , day of , 2009, the parties in the above-referenced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
/z?? --
J es M. Hoover, Jr.
44!
Witness
2
lice . Ho r
Witness
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Respondent, : IN CUSTODY
VERIFICATION
I, JAMES M. HOOVER, JR., verify that the statements made in this Petition are true and
correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities.
Date: s: LI-& iU
J ES M. HOOVER, Petitioner
JAMES M. HOOVER, JR.
PLAINTIFF
V.
ALICE L. HOOVER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2008-2242 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, February 24, 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 Wednesday, April 07, 2010 at 1:30 PM
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/ 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
FORTE-{ 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
W
20 Fig 12-
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 2008-2242 n q
ALICE L. HOOVER, : CIVIL ACTION - LAW
Respondent, : IN CUSTODY
- ? c7 c
EMERGENCY PETITION rn
FOR CUSTODY MODIFICATION
AND NOW COMES, James M. Hoover, Jr., by and through his attorney, Thomas M. Clark,
Esquire, of Colgan Marzzacco, LLC, and files the instant Emergency Petition for Custody
Modification, and in support thereof, avers as follows:
1. The Petitioner is James M. Hoover, Jr. ("Father"), who currently resides at 29 Saint
Andrews Way, Etters, York County, Pennsylvania.
2. The Respondent is Alice L. Hoover ("Mother"), who currently resides at 126 South
Locust Street, Apartment #1, Shiremanstown, Cumberland County, Pennsylvania.
3. Petitioner seeks shared legal custody and primary physical custody of the following
children: Colby J. Hoover ("Colby"), born in 1992, age 17, Caleb L. Hoover ("Caleb"), born in 2001,
age 8, and Caden H. Hoover ("Caden"), born in 2004, age 5.
4. The parties signed a Custody Stipulation on March 24, 2009. The Custody
Stipulation was signed by The Honorable Edgar B. Bayley on April 1, 2009 and docketed at the
above-captioned docket. Said Custody Stipulation is attached hereto as Exhibit A as if fully set forth
herein.
x'70.00 P p Arq
5. Per the April 1, 2009 Order, Father has primary physical custody of Colby and Caleb,
and Mother has primary physical custody of Caden.
6. On February 22, 2010, Father filed a Petition for Modification of Custody.
7. A Conciliation Conference is currently scheduled for April 7, 2010.
8. For the following reasons, the best interest and permanent welfare of all of the
children, including Caden, will be served by signing an Order that grants Father primary physical
custody of all of the children pending a Hearing:
a. On or about September 4, 2009, Father noticed severe bruising on Caden's
backside.
b. On or about September 5, 2009, Father made contact with Cumberland County
Children and Youth Services.
c. The parties agreed that a Safety Plan be instituted in this matter. Per the Safety
Plan, Father was to retain custody of Caden, and Mother was to have supervised
visitation.
d. The cause of the bruising was Mother and Mother's paramour, who still remains
in the household.
e. Children and Youth Services marked the case as Indicated.
f. Since September 4, 2010 (approximately six (6) months), Mother has only had
supervised visits with Caden.
g. Father filed a Petition for Modification for Custody and a Conciliation
Conference is currently scheduled.
h. Father has concerns that if Children and Youth close their case, Caden will need
to be returned to Mother's primary care prior to a Hearing in this matter.
i. Additionally, per the current Custody Order, if Children and Youth were to close
their case prior to the Custody Hearing, Mother would be able to relocate with
Caden out of Pennsylvania.
j. It is not in the best interest of the child for him to be returned to Mother's primary
care, and given the Indicated finding, it is certainly not in the best interest of the
child to possibly be relocated out of Pennsylvania.
k. Caden has developed a routine while in Father's care and it is not in the best
interest of the child to upset this routine.
1. Father has physical custody of the two oldest boys and it is in the best interest of
the child for him to spend quality time with his older brothers.
m. Although Mother is cooperating with Children and Youth Services, Father
continues to have concerns regarding the initial incident that led to Caden being
removed from Mother's home.
n. Father requests that, until this matter can be heard by the Court, the April 9, 2009
Order shall be modified so that Father has primary physical custody of Caden.
9. The best interest and permanent welfare of the children will be served by granting
Petitioner shared legal custody and primary physical custody of the children pending a Custody
Hearing.
10. This custody matter was previously assigned to The Honorable Edgar B. Bayley who
signed the Order dated April 1, 2009.
WHEREFORE, Petitioner respectfully requests This Honorable Court to award him primary
physical custody of the minor children pending a Custody Hearing.
Dated: !Y I b
Respectfully Submitted,
COLGAN MARZZACCO, LLC
By 4 '?-
Thomas M. Clark, Esquire
Attorney ID #85211
130 West Church Street
Suite 100
Dillsburg, PA 17019
Tel: (717) 502-5000
Fax: (717) 502-5050
EXHIBIT A
V
,MAR 3 LU 9
JAMES M. HOOVER, JR.,
Plaindff,
VS.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
CIVIL ACTION - LAW
IN CUSTODY
ORDER ADOPTING STIPULATION OF PARTIES
AND NOW, to writ, this ? day of 2009, upon consideration of the
foregoing Agreement and Stipulation ofCustody, it is hereby ordered, adjudged and decreed that the terms,
conditions and provisions of the foregoing Stipulation, dated , 2009, are adopted as
an Order of Court as if set forth herein at length.
BY THE COURT:
N1?t
,'tgri?? ! 1wrt?t'#Vy,,??1r5??,?:}?}<? Ft,
MW 8w, b.
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
--
: ri
CIVIL ACTION - LAW -
IN CUSTODY `
44,
AND NOW, this 21 day of rM i,,rzc.tt ,
2009, James M. Hoover, Jr.,
?f7
Etters, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Alice L. Hoover
of Cumberland County, Pennsylvania (hereinafter referred to as "Mother"), having reached an
agreement to mutually settle and resolve the issues of custody of their minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and Caden H.
Hoover, born on October 26, 2004, desire to legally obligate themselves to adhere to the terms of
said Agreement:
WHEREAS James M. Hoover, Jr., is the natural father of said minor children; and
WHEREAS Alice L. Hoover is the natural mother of said minor children; and
WHEREAS the parties, having reached an agreement regarding custody prior to a trial, are
desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation
for entry as a court Order.
NOW, THEREFORE, it is hereby agreed and stipulated by and between Mother and Father,
intending to be legally bound, do agree as follows:
1. ILoal Custody: The parties shall share legal custody of the minor children. Joint
legal custody means the right of both parents to control and share in making decisions of importance
in the life of their child, including educational, medical and religious decisions. Both parents shall
be entitled to equal access to the child's school, medical, dental and other important records. As
soon as practicable after receipt by a party, copies of the child's school schedules, special events
notifications, report cards and similar notices shall be provided to the other party. Each party shall
notify the other of any medical, dental, optical and other appointments of the child with health care
providers sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
child's day to day living shall be made by the parent then having custody, consistent with the other
provisions of this Order.
2. Physical Custody of Colby J Hoover and Caden H Hoover; Father shall have
primary physical custody of Colby J. Hoover. Mother shall have primary physical custody of Caden
H. Hoover. Partial physical custody is the right to take possession of the children or child away from
the custodial parent for a certain period of time.
Father's Partial Physical Custody of Caden H. Hoover. Father shall have partial
physical custody of Caden H. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing the Friday
following the signing of the Custody Stipulation Agreement.
b) Father shall have the right to extend his alternating weekend through
Monday at 6:00 p.m. If Father chooses to extend his weekend of
custody through Monday, Father shall provide notice no later than the
Wednesday of the week immediately prior to his weekend.
C) On all school holidays that fall on the Monday after Father's regularly
scheduled weekend. On these Mondays, Father shall relinquish
custody at 6:00 p.m.
d) In addition to Father's regularly scheduled weekends, Father shall
have the right to exercise partial custody on four additional weekends
per calender year from 6:00 p.m. on Friday and continuing until 6:00
p.m. on Sunday. In exercising these periods of custody, Father shall
provide Mother with fifteen (15) days notice. Father shall not
exercise more than one (1) additional weekend per month.
Mother's Partial Plysical Castodx -of Colby J. Hoover: Mother shall have partial
physical custody of Colby J. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Every Thursday from 4:00 p.m. until 8:00 p.m.
Physical Custody of Caleb L. Hoover: From the date of the signing of this
Agreement until July 1, 2009, Father and Mother shall share physical custody of Caleb L. Hoover
on a week on/week off basis from Sunday at 6:00 p.m. until the following Sunday at 6:00 p.m.
Father shall have custody of Caleb L. Hoover on the first Sunday following the signing of this
Agreement.
Beginning July 1, 2009, Father shall have primary physical custody of Caleb L. Hoover and
Mother shall have partial physical custody of Caleb L. Hoover. Partial physical custody is the right
to take possession of the children or child away from the custodial parent for a certain period of time.
Mother's Partial & W=W1 Custody -of Caleb L. Hoover Beginning July 1 2009:
Mother shall have partial physical custody of Caleb L. Hoover as follows:
a) On alternating weekends, commencing at 6:00 p.m. on Friday and
continuing until 6:00 p.m. on Sunday commencing on the second
Friday following the signing of the Custody Stipulation Agreement.
b) Mother shall have the right to extend her alternating weekend through
Monday at 6:00 p.m. If Mother chooses to extend her weekend of
custody through Monday, Mother shall provide notice no later than
the Wednesday of the week immediately prior to her weekend.
c) Every Thursday from 4:00 p.m. until 8:00 p.m.
Summer Vacation: "Summer" shall be defined as the period commencing on the first
Friday following the last day of school in the children's home district, and ending on
the last Friday preceding the start of school in the children's home district.
Each parent may choose two (2) weeks during the summer when he/she may
have uninterrupted partial custody of all three (3) children for the entire period during
the summer. At the conclusion of the period of vacation, the parties shall resume
their regular schedule of custody previously set forth in this Agreement. The weeks
shall not be scheduled consecutively. Additionally, Mother shall always schedule her
weeks of vacation during weeks where she is already exercising custody of Caden H.
Hoover.
The parents shall give at least thirty (30) days written notice of intent to take
the period or periods of summer vacation to the other parent and shall provide
reasonable notice of the locations at which they will be staying. The party who first
gives notice shall always take precedence, and the other party shall not schedule a
period of vacation during that time. For purposes of vacation, a week begins on
Friday at 6:00 p.m. and extends to Friday at 6:00 p.m. Each parent should
incorporate their week or weekend into that one-week period.
Caden H. Hoover. At no time until Caden is able to manage his condition himself,
shall Caden be left under the custody, supervision or control of any individual not
able to administer Caden's medications, address blood sugar level, or otherwise be
able to assess and treat Caden's medical conditions for a period in excess of three
hours. The parent that is entitled to physical custody of Caden and who is not
physically present for said custodial period shall notify the other parent and give
contact information regarding who is caring for Caden and how to contact the care-
giver.
3. Possible Relocation: At the time of the signing of this Agreement the parties both
understand that Mother may relocate out of state or to a distance greater than 90 miles from her
current residence. Father hereby consents to any such relocation, and such consent may not be
withdrawn, and shall be superceded only by an Order of Court. Wife shall be required to provide
written notice of her intent to relocate at least forty-five (45) days prior to any relocation. The
parties agree that, in the event Mother is to relocate, primary custody of Caden H. Hoover shall
remain with Mother and primary custody of Colby J. Hoover and Caleb L. Hoover shall remain with
Father. In the event Mother is to relocate, the parties agree that the times for partial physical custody
with the other parent will have to be adjusted given the distance between the parties. Both parties
agree to try to agree on a partial physical custody schedule that is convenient for the parties and the
children.
4. Holidays: In odd numbered years, Father shall have custody on the following
holidays: New Year's Day, July 4th, and Thanksgiving. In even numbered years, Father shall have
custody on the following holidays: Easter, Memorial Day and Labor Day. In even numbered years,
Mother shall have custody on the following holidays: New Year's Day, July 4th, and Thanksgiving.
In odd numbered years, Mother shall have custody on the following holidays: Easter, Memorial Day
and Labor Day. Holiday custody shall commence at 9:00 a.m. on the day of the holiday, and shall
end at 7:30 p.m. on the day of the holiday.
Christmas: Mother shall have the children from 3:00 p.m. on Christmas Eve
until 3:00 p.m. on Christmas Day. Father shall have the children from 3:00
p.m. on Christmas Day until 3:00 p.m. on December 291
The children will spend Mother's Day and Father's Day with the appropriate party from 9:00
a.m. until 7:00 p.m.
The holiday schedules shall supersede the regular custody schedule where applicable.
5. Transportation: The transportation burden shall be shared by the parties, so
that the party receiving custody shall bear the burden of transportation. At all times, the children
shall be secured in appropriate passenger restraints. No person transporting the children shall
consume alcoholic beverages prior to transporting the child.
The parent who has custody of the children on a school day shall be responsible for
transporting the children to school at the appropriate time.
6. Late for Exchange: in the event any party is more than twenty (20) minutes late
for a scheduled custody exchange, in the absence of a telephone call or other communication from
the party, the other party may assume that the parent who is late has chosen not to exercise that
period of custody, the period will be forfeited, and the other party will be free to make other plans
with the children.
7. Right of First Refusal: If either party is going to leave a child in the care of third
party (day care, friend or relative) for a period in excess of four (4) hours, the parent shall call the
other parent to inquire as to whether they wish to exercise custody during this period. It is within
the sole discretion of the non-custodial parent as to wether or not they wish to exercise custody
during this period. If the non-custodial parent does not wish to exercise custody during this period,
the custodial parent may utilize the services of a daycare, friend and/or relative.
If the non-custodial parent is to be offwork during his/her otherwise normal work hours, the
non-custodial parent may inquire as to wether or not the custodial parent is utilizing a daycare
provider, friend or relative. If the custodial parent is utilizing the services of a daycare, friend or
relative for a period in excess of four (4) hours, the non-custodial parent shall have the right to
exercise custody during this period.
Each party agrees to supply the name, address and telephone numbers of any persons in
whose care the children will be for a period in excess of four (4) hours, and for each person or entity
which may provide day care for the children.
8. Medical Care: Emergency decisions regarding the children shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of a child at
any time, any party then having custody of a child shall immediately communicate with the other
party by telephone or any other means practical, informing the other party of the nature of the illness
or emergency, so the other parent can become involved in the decision making process as soon as
practical.
The term "serious illness" as used herein shall mean any disability which confines a child to
bed for a period in excess of twenty-four (24) hours and which places the child under the direction
of a licensed physician.
9. Telephone Calls: Both parties are urged to use common sense in scheduling
telephone calls to talk to the children. Both parties are hereby directed to refrain from preventing
the parent who may be calling from talking to the children, or preventing the children from calling
the other parent, provided that the phone calls are not excessively frequent nor too long in duration
that they disrupt the children's schedule.
The non-custodial parent may call two (2) times on the weekend to obtain information on
Caden's blood sugar levels or other health issues. In the event that the non-custodial parent is not
able to answer such call, he/she shall return the call within one (1) hour of realizing the missed call.
10. Disparaging Remarks: Each of the parties and any third party in the presence
of the children shall take all measures deemed advisable to foster a feeling of affection between the
children and other party. Neither party shall do nor shall either parent permit any third person to do
or say anything which may estrange the children from the other parent, their spouse or relatives, or
injure the children's opinion of the other party or which may hamper the free and natural
development of the children's love and respect for the other parent. The parties shall not use the
children to convey verbal messages to the other parent about the custody situation or changes in the
custody schedule.
11. Other Considerations: In the event that a significant matter arises with respect to
the medical care, education, or financial care of the children, such as a change in occupation, health
insurance, educational expenses, or residence of a party, those matters shall be discussed with the
other parent before any change is made by either parent.
Each party shall confer with the other on all matters of importance relating to the children's
health, maintenance, and education with a view towards obtaining and following a harmonious
policy in the children's education and social adjustments. Each party agrees to keep the other
informed of his or her residence and telephone number to facilitate communication concerning the
welfare of the children and visitation.
The welfare and convenience of the children shall be the prime consideration of the parties
in any application of the provisions of this Order. Both parents are directed to listen carefully and
consider the wishes ofthe children in addressing the custodial schedule, any changes to the schedule,
and any other parenting issues.
12. Smoking / Drinking; No party shall smoke in any part of a confined area with the
children present and neither party shall permit another person to smoke in any part of a confined area
with the children present. No party shall drink alcoholic beverages or consume illegal substances
when in the presence of the children, and no party shall be under the influence of alcoholic beverages
or illegal substances when in the presence of the children.
13. Modification: 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 be in complete agreement to any new
terms. That means both parties must consent on what the new terms of the custody arrangement or
visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not mean each
follows their own idea as to what they think the arrangements should be. This Agreement and Court
Order is set out in detail so both parties have it to refer to and to govern their relationship with the
children and with each other in the event of a disagreement.
WHEREFORE, the parties agree that this Agreement and Stipulation of Custody shall be
submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. Both
parties acknowledge that they have entered into this Agreement and Stipulation of Custody
voluntarily and after the opportunity to consult with their respective counsel.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year fir Bove written.
3 es M. Hoover, J
A-
Aljq?,L. Hoo er
'ZI
Witness
Witness
JAMES M. HOOVER, JR.,
Plaintiff,
vs.
ALICE L. HOOVER,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-2242
: CIVIL ACTION - LAW
: IN CUSTODY
ACKNOWLEDGMENT OF PARTIES TO ENTRY
OF STIPULATION AS ORDER OF COURT
AND NOW, to wit, this , day of , 2009, the parties in the above-referenced
action do hereby agree that the attached Stipulation shall be entered as an Order of Court.
G?
J es M. Hoover, Jr.
Witness
n?
lice . AO &4r
Witness
JAMES M. HOOVER, J1,., : IN THE COURT OF COMMON PLEAS
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Respondent, : IN CUSTODY
VERIFICATION
I, JAMES M. HOOVER, JR., verify that the statements made in this 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.
Date: 3 /115 /10
J -S M. HOOVER, Petit' r
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Respondent, : IN CUSTODY
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and
correct copy of Plaintiff s Emergency Petition for Custody Modification upon the following
individual, via United States First Class mail, postage prepaid, addressed as follows:
Mark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
COLGAN MARZZACCO, LLC
By: ?- ?--
Thomas M. Clark, Esquire
ID # 85211
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Dated: j 6
MAR 2 32010 cn
JAMES M. HOOVER, JR.,
Petitioner,
VS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION - LAW
Respondent, : IN CUSTODY
him
RULE TO SHOW CAUSE C)
AND NOW this day of ,? - ,L rn
2010, upon consideration 6 the
foregoing petition, it is hereby Ordered that: rs,
(1) A Rule is issued upon the Respondent to show cause why the petitioner is not entitled to
the relief requested;
(2) The respondent shall file an answer to the petition within :P?/ days of this date;
(3) The petition shall be decided under Pa. R.C.P. No. 206.7;
(4) Depositions shall be completed within ? days of this date.
ao?o, aw,- /3o R'K•,
(5) Argument shall be held on. II&A ID , 2.099 in Courtroom 5 of the
Cumberland County Court of Common Pleas located at One Courthouse Square, Carlisle,
Pennsylvania; and
(6) The Petitioner shall provide notice of the entry of this order to all parties by the Court.
BY THE COURT:
Distribution:
mas M. Clark, Esquire, 130 West Church Street, Dillsburg
?k K. Emery, Esquire, 410 North Second Street Harrisburg, P
n ? g, A
lo?
17101
S
?rYl
S
APR 15 2010
JAMES M. HOOVER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNS V o IA
Vs. d + r
NO. 2008-2242 -0
m
ALICE L. HOOVER, : CIVIL ACTION - LAW a
Defendant. : IN CUSTODY
?c
Prior Judge: Albert Masland, J.
ORDER OF COURT CA
1-" 1
AND NOW this day of April 2010, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this
Order. The previous hearing scheduled for May 10, 2010 at 1:30 pm is hereby
CANCELLED by agreement.
2. Legal Custodv: The parties shall share legal custody of the minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and
Caden H. Hoover, born on October 26, 2004. Joint legal custody means the right of both
parents to control and share in making decisions of importance in the life of their child,
including educational, medical and religious decisions. Both parents shall be entitled to
equal access to the child's school, medical, dental and other important records. As soon
as practicable after receipt by a party, copies of the child's school schedules, special
events notifications, report cards and similar notices shall be provided to the other party.
Each party shall notify the other of any medical, dental, optical and other appointments of
the child with health care providers sufficiently in advance thereof so that the other party
can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
children's day to day living shall be made by the parent then having custody, consistent
with the other provisions of this Order.
3. Physical Custody: Father shall have primary physical custody of Colby J. Hoover, born
on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and Caden H. Hoover,
born on October 26, 2004, subject to Mother's partial physical custody as follows:
a. Mother shall have supervised visits with Caden every Monday and
Tuesday at maternal grandmother's house from after Mother gets off from
work until 7:00 pm. Mother and grandmother (or some other appropriate
person shall transport Caden to Father's residence at 7:00 pm.).
b. On every Saturday, Mother shall be informed by Father of the times of the
soccer games and shall have the option of attending the soccer games for
the Children.
C. Mother shall have supervised visitation/custody (with an appropriate
supervisor) of the two younger boys every Sunday 12:00 pm until 7:00
pm. Father shall drop the boys off at 12:00 pm and Mother and an
appropriate person shall drop the Children off at Father's residence at 7:00
pm Sunday.
d. Additionally, Mother shall have visitation with the two younger boys
through her sessions with Alternative Behavioral Consultants as can be
arranged. Mother shall inform Father as soon as possible of when her
sessions with Deb Bush are scheduled.
e. The parties have agreed that if there is a change in plans in regard to
Father or Mother's schedules, both parties shall be flexible and attempt to
arrange alternative custodial times.
f. Mother's custodial periods with Colby shall be arranged as the parties may
agree.
g. Mother shall be allowed additional custodial periods with the Children as
the parties may agree.
4. Holidays: The holiday schedule shall be addressed at the scheduled conciliation
conference.
5. The non-custodial parent shall have liberal telephone contact with the Children on a
reasonable basis.
6. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Children from the other party, or injure the opinion of the Children as to
the other party, or may hamper the free and natural development of the Children's love or
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 Children.
7. In the event of a medical emergency, the custodial party shall notify the other party as
soon as possible after the emergency is handled.
8. During any periods of custody or visitation, the parties shall not possess or use illegal
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. A custody status conference with the assigned conciliator is hereby scheduled for June
22, 2010 at 9:00 am at the Court of Common Pleas in Carlisle PA 17013
10. 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 the Court,
J.
D' bution:
k Emery, Esquire
Thomas Clark, Esquire
ho J. Mangan, Esquire
JAMES M. HOOVER, JR.,
Plaintiff,
VS.
ALICE L. HOOVER,
Defendant.
Prior Judge: Albert Masland, J.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-2242
: CIVIL ACTION - LAW
: IN 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 Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody o
Colby J. Hoover 11/06/1992 Primary Father
Caleb L. Hoover 12/01/2001 Primary Father
Caden H. Hoover 10/26/2004 Primary Father
2. A Conciliation Conference was held with regard to this matter on July 25, 2008,
an Order was issued August 25, 2008, a conference was held October 31, 2008, a
stipulated agreement was signed in January 2009, a stipulated Order was signed
March 24, 2009, a conciliation conference was held April 07, 2010 with the
following individuals in attendance:
The Mother, Alice L. Hoover, with her counsel, Mark Emery, Esq.
The Father, James M. Hoover, Jr., with his counsel, Thomas Clark, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo gan, Esquire
Cust d Conciliator
7
AIIG 0' 5 `2010
JAMES M. HOOVER, JR.,
Plaintiff,
vs.
ALICE L. HOOVER,
Defendant.
Prior Judge: Albert Masland, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2008-2242
CIVIL ACTION -LAW
IN CUSTODY
ORDER OF COURT
AND NOW this ~ day of August 2010, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
5~
1. All prior Orders entered in this matter are hereby VACATED and replaced with this
Order.
2. Legal Custody: The parties shall share legal custody of the minor children, Colby J.
Hoover, born on November 6, 1992, Caleb L. Hoover, born December 1, 2001, and
Caden H. Hoover, born on October 26, 2004. Joint legal custody means the right of both
parents to control and share in making decisions of importance in the life of their
children, including educational, medical and religious decisions. Both parents shall be
entitled to equal access to the children's school, medical, dental and other important
records. As soon as practicable after receipt by a party, copies of the children's school
schedules, special events notifications, report cards and similar notices shall be provided
to the other party. Each party shall notify the other of any medical, dental, optical and
other appointments of the children with health care providers sufficiently in advance
thereof so that the other party can attend.
Notwithstanding that both parents share legal custody, non-major decisions involving the
children's day to day living shall be made by the parent then having custody, consistent
with the other provisions of this Order.
3. Physical Custody: Father shall have primary physical custody of Colby J. Hoover, born
on November 6, 1992, Caleb L. Hoover, born December 1, 2Q01, and Caden H. Hoover,
born on October 26, 2004, subject to Mother's partial physical custody as follows:
a. Commencing July 21, 2010, Mother shall have physical custody every
Wednesday from 5:30 pm until 7:45 pm. Mother is responsible for the
transportation obligations on this day.
b. Commencing the weekend of 07/24-25, Mother shall have physical
custody every other weekend, on either Saturday or Sunday (the particular
day by agreement of the parties), from 9:00 am until 6:00 pm. The parents
shall share the transportation obligations for this day.
c. Commencing 08/13/10, Mother shall have physical custody of the
Children for three weekends in a row from Friday 5:30 pm until Saturday
5:30 pm. The parents shall share the transportation obligations for these
periods.
d. Commencing 09/10/10, Mother shall have physical custody of the
Children on alternating weekends from Friday 5:30 pm until Sunday 5:30
pm. The parents shall share the transportation obligations for these
weekends.
e. During Mother's periods of custody of the subject Children, Mother's
paramour shall not be left unsupervised with the Children.
f. The parties have agreed that if there is a change in plans in regard to
Father's or Mother's schedules, both parties shall be flexible and attempt
to arrange alternative custodial times.
g. Mother shall be allowed additional custodial periods with the Children as
the parties may agree.
4. Holidays: In odd numbered years, Father shall have custody on the following holidays:
New Year's Day, July 4th, and Thanksgiving. In even numbered years, Father shall have
custody on the following holidays: Easter, Memorial Day and Labor Day. In even
numbered years, Mother shall have custody on the following holidays: New Year's Day,
July 4th, and Thanksgiving. In odd numbered years, Mother shall have custody on the
following holidays: Easter, Memorial Day and Labor Day. Holiday custody shall
commence at 9:00 a.m. on the day of the holiday, and shall end at 7:30 p.m. on the day of
the holiday.
Christmas: During Christmas in even-numbered years, Father shall have custody of the
children from 8:00 a.m. on Christmas Day unti12:00 p.m. on Christmas Day and Mother
shall have custody from 2:00 p.m. on Christmas Day until 8:00 p.m. on Christmas Day.
In odd-numbered years, the schedule shall be reversed.
The children will spend Mother's Day and Father's Day with the appropriate party from
9:00 a.m. unti17:00 p.m.
The holiday schedules shall supersede the regular custody schedule where applicable.
5. The non-custodial parent shall have liberal telephone contact with the Children on a
reasonable basis.
6. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Children from the other party, or injure the opinion of the Children as to
the other party, or may hamper the free and natural development of the Children's love or
affection for the other parry. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Children.
7. Neither parent shall use the Children as a "go-between" to convey communication
between the parents. The parents shall communicate directly with each other in regard to
custodial matters.
8. In the event of a medical emergency, the custodial party shall notify the other party as
soon as possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use illegal
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.
10. 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 the Court,
Distribution:
Mark Emery, Esquire c?
/ Thomas Clark, Esquire c
/ John J. Mangan, Esquire -`"' ~~~ ~`.~~= _~---
G: '~-
~ i;
~ =,:
,~-~ __ -.
:...
~~; ~ ~. _
.~ ~--=
JAMES M. HOOVER, JR.,
Plaintiff,
vs.
ALICE L. HOOVER,
.Defendant.
Prior Judge: Albert Masland, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2008-2242
CIVIL ACTION -LAW
IN 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:
The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Colby J. Hoover 11/06/1992 Primary Father
Caleb L. Hoover 12/01/2001 Primary Father
Caden H. Hoover 10/26/2004 Primary Father
2. A Conciliation Conference was held with regard to this matter on July 25, 2008,
an Order was issued August 25, 2008, a conference was held October 31, 2008, a
stipulated agreement was signed in January 2009, a stipulated agreement was
signed March 24, 2009 and Order issued Apri101, 2009, a conciliation conference
was held Apri107, 2010, an Order issued April 14, 2010 and status conference
was held July 19, 2010 with the following individuals in attendance:
The Mother, Alice L. Hoover, with her counsel, Mark Emery, Esq.
The Father, James M. Hoover, Jr., with his counsel, Thomas Clark, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J. an squire
Custod - on liator
FIL~.D-~;~~:4C~
~~' ~~#~ ~rt0~~i~101i~hY
~~l~ CSI ZD ~,t°13 ~ 17
JAMES M. HOOVER, J~UM~~i~~,~~~ ~Clt,~~'~d THE COURT OF COMMON PLEAS
Plain~i~i ~ `~~-~'J~~ 3'i ~ ~~ CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 2008-2242
ALICE L. HOOVER :CIVIL ACTION -LAW
Defendant IN CUSTODY
DEFENDANT'S EMERGENCY MOTION FOR SPECIAL RELIEF
AND NOW, comes Defendant Alice. L. Hoover (now Anderson) by and through
her attorney, Mazk K. Emery, Esquire, and files this Emergency Motion for Special
Relief, Finding as follows:
1
2
3.
4.
5
Defendant/Movant Alice L. Hoover (now Anderson) ("Movant") and
Plaintiff/Respondent James M. Hoover, Jr., aze the pazents of three children,
Colby, Caleb and Caden Hoover.
The parties aze subject to a custody order, the most recent order dated August 6,
2010, issued by the Honorable Albert H. Masland, whereby Respondent has
primary physical custody of all three children.
Colby Hoover (Colby) is currently 17 yeazs old, (DOB 11/6/1992) and is in high
school, attending Red Land High School.
In or about the first week of September, 2010 Respondent and Colby engaged in a
physical altercation wherein, upon information and belief, Respondent physically
engaged Colby.
Respondent, without consultation with Movant, thereafter refused to allow Colby
to live in his home.
v~ Q
~O `
o~~~ ,~~~
e~
6. Respondent, without consultation with Movant, refused to maintain custody of
Colby, even though Colby does not have sufficient funds or resources to provide
for himself.
7. Movant has limited financial resources or living accommodations to provide for
Colby, but has done so on a temporary basis due to the emergency conditions
created by Respondent.
8. As Respondent refuses to discuss any matters involving Colby with Movant,
Movant has had to make arrangements for Colby's care.
9. At least temporarily, Colby will reside with Movant's mother.
10. Despite repeated demands, Respondent has refused to provide to Colby his
personal belongings and necessitates for school, including:
a. his bed and dresser
b. his tools used for his vocational technical classes at high school
and employment
c. clothing
d. other miscellaneous personal belongings
11. Respondents counsel has been notified of the need for Colby to obtain his
personal belongings, and the pending filing of this Motion is Respondent did not
simply provide the items requested. See correspondence attached hereto and
incorporated as Exhibit "A".
12. Movant has attempted to communicate with Respondent on numerous occasions
in an attempt to simply obtain Colby's personal belongings. See, in part, Exhibit
«B„
2
13. Respondent is well aware of the personal items that belong to Colby. A partial
list of the required tools and parts are attached hereto as Exhibit "C".
14. The bed and dresser were purchased for Colby while the parties were married.
These items had been provided to Movant at the time the divorce was finalized as
she had primary custody of Colby at the time. When Colby went to live with
Respondent Colby took those items with him.
15. Respondent has refused to respond to any of these requests, demanding that the
minor child contact him himself.
16. Movant has been advised by professional counselors that Colby should not have
contact with Respondent without other adult supervision, and is aware that
Respondent has been physical with Colby on prior occasions, and therefore has
attempted to obtain the minor child's' belongings on her own and without having
to resort to Court intervention.
17. Neither Colby nor Movant has the financial resources to provide replacements for
Colby's personal items retained by Respondent.
18. Colby has been forced to sleep on a couch, as he has no bed, although his
maternal grandmother has recently purchased an air mattress for Colby's use.
19. Respondent has no good faith reason to withhold the basic living necessities and
resources Colby requires for both his personal well being and scholastic
requirements.
20. Due to respondents conduct and bad faith refusal to address the matter in a
reasonable, good faith fashion, an award of sanctions and attorney's fees is
warranted.
21. The reasonable attorney's fees that Movant has incurred, and will incur, total
$750.00.
22. Respondents counsel does not concur with this Motion.
WHEREFORE, Defendant/Movant Alice Hoover respectfully requests this
Honorable Court compel Plaintiff/Respondent to immediately provide to Colby Hoover
of the minor child's personal belongings, and further is ordered to pay $750.00 in
attorney's fees.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
Mark K. E ery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for the Plaintiff
DATE: October 20, 2010
4
LAW OFFICES OF MARK K. EMERY
410 North Second Street
Harrisburg, PA 17101
(71'~ 238-9883
Mark K. Emery, Esquire
Fax (717) 238-9884
e-mail mark®markemerylaw.com
September 14, 2010
Thomas M. Clark, Esquire
Colgan Marzzacco, LLC
130 W. Church Street
Dillsburg, PA 17019
Via fax 502-5050
RE: Hoover v. Hoover
Dear Tom:
As you may be aware, your client has been involved in a physical
altercation with the parties' oldest child, Colby, and has thrown Colby out of his
house. While that obviously raises substantial issues that can more fully be
addressed through Children and Youth Services and the Courts, a more
immediate issue exists which should be resolved.
Since James is not fulfilling his obligations as a parent, it has fallen to
Alice and her mother to now provide for Colby's needs. Unfortunately, James
refuses to allow Colby to obtain his personal belongings. These belongings
include: bed, dresser, tv, video game system and games, clothes, auto
mechanic tools and items, four wheeler and hunting guns. In addition, I
understand a truck willed to Colby is titled in James' name.
These items should immediately be provided to Colby or some third. party.
If arrangements cannot be made to do so by this weekend, I will more formally
address with the Court James' breach of the custody order and failure to fulfill his
parental obligations.
I will expect that James continue to maintain health insurance on Colby.
To that end Colby is required to have his wisdom teeth pulled. James would not
give Alice his health insurance information. I have instructed Alice to schedule
the appointment and provide the date to James. It will then be his responsibility
to provide the necessary information to the treating source.
Please advise how James intends to proceed on these matters.
EXHIBIT
-~
Very truly yours,
LAW OFFICES OF MARK K. EMERY
sy: ~~~ .~''~
Mark K. Emery
MKE/vh
cc: Alice Anderson
SubJ: Re: quesNona
Date: tON4f2010 423:49 P.M. Eastern Daypyht Time
Fran:
To:
As a reminder...whether it matters or not... 1 was not the one who filed the daim against
you, there were other people involved.. INy concern is Colby. Under the instructions of
the oounsekx and three other professional individuals concerned for Colby's welfare, if
he has any contact with you h will be with me present.) am keeping a watchful eye
because i do not want arwther altercation between the two of you which could lead to
someone gettlng hurt. Really Jimmy... you have made no attempt to reach out to him,
nor even questioned me about the welfare of your son.
He wants everything that IegaNy belongs to him and expects no less. N the upper hand
is forced for that to be acxomplished, then that Is the direction 1 will have to take.... I will
speak with him and we wNl be in touch wkh you to hopetully t+eaolve this once and for all
in a dvN matter. 1 truly hope that with time and growth, you two pn possibly put this
behind you and move on in a healthy relationship. That is the best thing for Colby.
- Original Message ---
From: "James Hoover" <jhoover~aessuccess.org>
To: alicehoover3®corrtcast.net
Sent: Thursday, October 14, 201011:09:30 AM
Subject: Rec questions
1 yeve you the Card last MghL..
Since the child Services case by the two of you ayeirwt me has been closed (UNFOUNDED), If Colby
wants f~ ltWps Oren he r to step up and ask fa them hinnelr and stop having his mom do fl.
tJo, You need b take both fhe boys on the 23rd.
from: ~nel
To: ,kn hooves' yhowar~aeawccsnaag>
uaae 7mt2rzwooe:aaan+
:,!,~q~;? queabne
Do you have a prescription card to get prescriptions? The insurance card you gave me
does not cover prescriptions and I need to get some filled for Colby when he gets his
wisdom teeth pulled. If you have one, please provide the information to me when 1 pick
up the boys on Wed.
Colby really needs his toots and parts. t would like to make arrargements with you to
get all of it He is picking up some odd jobs and needs his stuff to do the work.
Also, the next weekend I get the boys... l would like to split the days with them. Caleb
on Friday night and Caden on Saturday night. 1 spoke to you about doing this before.
They reaNy need some ore on one time with me and I with them.
Please get bade to me as soon as possible.
Thanks
EXHIBIT
_~
Parts:
Turbo Holset HX35W
Sub -Planet audio
Sub Box
500 Watt Bazooka Amp
Tools:
creeper on wheels
stool on wheels
Craftsman 260 piece Mechanics tool set from sears
Metric & Standard ratchet wrenches
Heat Tempature Gun
Metric & Standard Allen Wrenches
Several Screw drivers (phillips and straight)
Several Hammers.. different sizes
3 Ton floor jack
~ set of floor ramps
2 engine stands
fool box with Misc tools
Red tool chest stand
Air tools: impact gun, ratchet, air chisel
EXHIBIT
C
VERIFICATION
I, Alice Anderson (Hoover), hereby verify that I have read the foregoing
Motion and that the information contained therein is true and correct to the best
of my knowledge, information and belief. I understand that false statements
herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
A ' e-,4nderson
DATE: ~
CERTIFICATE OF SERVICE
AND NOW, on this 20`" day of October, 2010, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Emergency Motion for Special
Relief by mailing a true and correct copy by United States first class mail, addressed as
follows:
Thomas M. Clark, Esquire
Colgan Marzzacco, LLC
130 W. Church Street
Dillsburg, PA 17019
LAW OFFICES OF MARK K. EMERY
By:
Mark K. Emery
i
S4,
JAMES M. HOOVER, JR., p, IN THE COURT OF
Plaintiff/Respondent, eUMkRLAND COI
VS. .. z . , mN .
: NO. 2008-2242
ALICE L. HOOVER, : CIVIL ACTION -
Defendant/Movant, : IN CUSTODY
S ANSWER TO DEFENDANT'S El
MOTION FOR SPECIAL RELIEF
AND NOW COMES, James M. Hoover, Jr., by and
Clark, Esquire, of Colgan Marzzacco, LLC, and files the i
Defendant's Emergency Motion for Special Relief, and in support
1. Admitted.
2. Admitted.
3. Admitted.
4.
OMMON PLEAS
vTY, PENNSYLVANIA
his attorney, Thomas M.
Plaintiff's Answer to
avers as follows:
Denied. It is specifically denied that Respondent engaged Colby in a physical
altercation. Given Colby's behavior, Respondent was uncomfortable with him
being at Respondent's residence alone. One week prior to the incident in
question, Respondent told Colby that the family was going to his Grandmother's
for Labor Day weekend and that he should not make plans or be put on the work
schedule. On August 29, 2010 Respondent had a onversation with Colby to
confirm he was not working. Colby informed Res ondent that he was on the
schedule to work Friday and Saturday. Colby argue with Respondent and stated
that he could do whatever he wanted. Colby then followed Respondent into the
Garage where he picked up a steel breaker bar. Colby took steps toward
Respondent with the bar raised. In defense, Respon ent had to tackle Colby and
remove the bar from his hand. Respondent told Colby it was time for him to pack
and go. While he was leaving, Colby stated that he will ruin Respondent and that
he was going to the emergency room so that he could report Respondent for
abuse. A few days later Respondent found out that he incident was reported to
Children and Youth Services. On October 7, 2010, Children and Youth Services
closed the case as Unfounded.
s
5. Denied. Respondent has always been willing to
regarding C;olby's behavior and the reasons
Respondent's residence. Respondent does not a€
that Movant is enabling Colby's behavior.
It should be noted that Colby's behavior has been
Colby repeatedly says that no one is going to tell him
not have to listen to Respondent.
discussions with Movant
Colby is not living at
with Movant and believes
stently getting worse.
to do and that he does
Punishments in Respondent's household have inch ded: grounding, no cell
phone, no ifriends and no extra money. None of tie punishments have been
physical. Movant did not support Respondent whe it was time to discipline
Colby. Rather, Movant enabled Colby's behavior. O er the last year Colby:
Lost his license for 3 months for traveling 30 m h over the speed limit with
his 8 year old brother in the truck. Movant repeatedly said that Respondent
was too tough on Colby for,making him plead guilty and loose his license
instead of trying to fight the ticket.
Was riding a 4-Wheeler on school property andI was cited for trespass. The
officer did allow Colby to perform community -ervice so that it was not on
Colby's record.
Recorded himself smoking marijuana with a nei
Snuck out of the house at 2:00 a.m. to go to
Was found by police in a golf course park?'ng lot with possession of
marijuana.
Said lie was spending the night at Movant's house but instead went to a
party. When Respondent' asked Movant about what time Colby left her
house, Movant lied and said that Colby had spent the night. Movant later
confirmed she knew he was planning on attending the party.
Broke into Respondent's house by way of a window when Respondent was
out of town for a week in July. That week he was supposed to be staying
with his Movant and was NOT supposed to enter Respondent's house until
Respondent returned. Colby's reply was tha? he would enter the house
whenever he wanted because his stuff was in there.
It is important to note that Children and Youth Servi es investigated Movant over
an incident with the parties' youngest son, Caden Hoover. Caden was beaten by
Movant's current paramour while under Movant's care. Children and Youth
Services reported the case as Indicated. Movant's paramour was accepted into the
Accelerated Rehabilitative Disposition (ARD) for the related criminal charge.
Respondent believes that Movant is enabling Colby and not holding him
accountable for his behaviors, because she resents the fact that she lost custody of
Caden Hoover.
6. Denied. (See answer 4) It should be noted that, In
live with Respondent after an altercation between (
Movant calling the police on Colby for assaulting'.
Colby was barely passing and had missed numerous
in Movant being fined. Until recently, Colby was r
was an honor roll student.
7. Denied. It is specifically denied that Movant has
living accommodations for Colby. Movant has part
Movant has a two bedroom apartment. The se
bedroom furniture. When the parties other two
weekend (4 nights per month), they sleep in this bi
that this bedroom is available to Colby, but that
Colby stay with her.
ugust 2007, Colby came to
[by and Movant resulted in
r. While in Movant's care
.ys of school which resulted
ularly attending school and
cited financial resources or
physical custody of Colby.
id bedroom does contain
children visit every other
Dom. Respondent believes
>vant chooses not to have
It should be noted that when the parties' middle child began to live with
Respondent on a primary basis, Movant did not provide Respondent with
anything other than his clothes. When -the parties' youngest child began to live
with Respondent on a primary basis, Movant did not provide Respondent with
anything other than his clothes.
Movant has full-time employment and makes
8. Denied. (See answer 5 and 7)
9. Admitted.
10. Denied. Respondent's responses to the items in q
a. The bed and dresser that Movant refers to were
marriage and are not Colby's personal proper
Respondent in August 2007. The parties finalize
At the time of the parties' Divorce settlement,
personal possessions in their own residence. A
of the parties' Marital Settlement Agreement
A.
When Respondent began to have primary cust
children, Respondent did not get to take the
Movant's home.
$15.00 an hour
are as follows:
archased during the parties'
Colby came to live with
their Divorce in May 2009.
ie parties each retained the
rpy of the relevant portions
attached hereto as Exhibit
of the younger two (2)
room sets that were in
b. Respondent acknowledges that there are some
Colby diid purchase. Respondent is willing to prc
While there are some tools that Colby purchased
owns the floor jack and air tools that are currently
It should be noted that Cumberland County Vo
Colby's high school education. Colby does not 1
to provide his own tools.
ools at his residence that
ide Colby with these tools.
Respondent purchased and
n Respondent's possession.
Cech provides all tools for
ive scholastic requirements
c. Within clays of any request, Respondent gave Colby his requested clothing.
d. Respondent is not sure what other "miscellaneous belongings" Movant is
referring to in her Motion.
11. Admitted in part. Denied in part. It is admitted th Respondent's Counsel was
contacted by Movant's Counsel. It is denied that Respondent is required to turn
over items that do not belong to Colby. A copyof a letter from Respondent's
Counsel to Movant's Counsel is attached hereto as rhibit B.
12. Admitted in part. Denied in part. It is admitted that Respondent and Movant
communicated to a degree on this topic. It is denied that there were numerous
occasions where the parties communicated. A recent email communications
between the parties is attached hereto as Exhibit C.
13.
Denied. There are disputes as the items that Movant?believes should be returned
to Colby. Respondent's responses to the items in que tion are as follows:
a. (See answer 10a)
b. (See answer IOb)
c. (See answer 1Oc)
d. (See answer IOd)
14.
Denied. The bed and dresser that Movant refers
parties' marriage and are not Colby's personal prof
were purchased during the
v.
Colby came; to live with Respondent in August 2007. The parties finalized their
Divorce in May 2009. At the time of the parties' Divorce settlement,' the parties
each retained the personal possessions in their own residence.
When primary custody of the younger two (2) ch'ldren went to Respondent,
Respondent did not get take the bedroom sets that wee in Movant's home.
I-
15.
Denied. Respondent disputes that the majority of the items requested belong to
Colby. Within days of any request, Respondent gave Colby his clothing.
16. Denied. After reasonable investigation Respon ent is without sufficient
knowledge or information to form a belief as to he truth of this averment.
Respondent believes that it is unlikely that any "pr fessional counselors" have
been made aware of all the true facts involving Colby Respondent has not had the
opportunity to speak with any counselors. f
After Children and Youth Services closed the case against Respondent,
Respondent did request that Colby call to apologize for his behavior and
respectfully discuss what items he felt he needed from Respondent's residence.
Respondent thought that removing Movant from the middle of this situation might
help to resolve Colby's issues. Colby did call the Respondent, but during the
conversation Colby was disrespectful and demanded. items that do, not belong to
him. Colby went on to state that he would just come into the house and take the
items that he wanted. Respondent ended the conversation by saying that when
Colby could show some respect for Respondent, he could call back.
17. Denied. (See answer 7)
18. Denied. After reasonable investigation, Respondent is without sufficient
knowledge or information to form a belief as to the tr th of this averment.
19. Denied. It is denied that Respondent is withholding, basic living necessities and
resources from Colby. In fact, despite Colby's unacceptable behaviour
Respondent has allowed Colby to continue to drive vehicle that belongs to him.
Additionally, Respondent continues to pay the insurance for this vehicle.
Respondent will be retrieving this vehicle from Colby in the near future.
20. Denied. It is specifically denied that Respondent
21. Denied. After reasonable investigation, Resf
knowledge or information to form a belief as to the
22. Admitted.
in bad faith.
dent is without sufficient
ith of this averment.
¦
i
Respectfully
that Defendant/Movant's
LLC
WHEREFORE, Plaintiff/Respondent respectfully
Motion for Special Relief be dismissed.
By:
Thomas M. CIE
ID #85211
130 West Chur
Dillsburg, PA l
(717) `502-500(
i Street
'019
/0
4
EXIIIBI
A
MATRIMONIAL SETTLEMENT AGREEN
THIS AGREEMENT, made this +_1 day of
between Alice L. Hoover of 126 S. Locust Street, 1St
PENNSYLVANIA ("Wife"), and James. M. Hoover, Jr. or 7340 K
Cumberland County, Pennsylvania ("Husband")
Recitals:
W 2009, by and
oor, Shiremanstown,
Road, Spring Grove,
A. The parties hereto, being Husband and Wife were lawfully married
on August 17, 1991.
B. Differences have arisen between Husband an Wife in consequence
of which they have begun to live separate and apart from each oth r.
C. Husband and Wife acknowledge that they both have consulted their
attorneys and have been advised by their attorneys of all of their rights and duties, or
have had the opportunity to consult independent legal counsel and have willfully,
knowingly and voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertaking herein contained, the parties, each INTENDI G TO BE LEGALLY
BOUND, agree as follows:
1. Recitals. The Recitals set forth above are i, corporated herein by
a
reference.
Y=
compel the other to cohabit or dwell with him or her by any leg
The foregoing provision shall not be taken to be an admissio
Husband or Wife of the lawfulness or unlawfulness of the caul
apart.
or other proceedings.
on the part of either
leading to their living
4. Marital Property.
(a) Personal Property. Husband and Wife acknowledge that they
currently have in their possession all of their separate and
distinct personal property.
(b) Retirement, Pension. 401-K Plan.
1. As of the date of the signing o this Agreement, Wife
shall retain 65% from all marital retirement accounts.
These accounts include:
Wife's IRA, Waddel & 'Reed account number
32369753;
Waddel & Reed account number 35152217;
Husband's IRA, Wad el & Reed account
number 35135120;
Waddel & Reed account number 35152222;
and,
Waddel & Reed account 32435707.
3
IN WITNESS WHEREOF, the parties hereto have
day and year first above written:
WITNESS-
WITNESS:
I this Agreement the
WIFE:
lice L. H er
HUSBAND:
J es M. Hoover, Jr.
15
A.
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF b'?L
On this, the day of 2009,
undersigned officer, personally appeared Alice L. Hoover, known
proven) to be the person whose name is subscribed to the
acknowledged that she executed the same for the purposes hereir
IN WITNESS WHEREOF, I hereunto set my hand
a Notary Public, the
to me (or satisfactorily
within instrument and
contained.
official seal.
Notary Public
My Commission Expires:
(SEAl&,r ?,, r ? ?. , Ai «F F a
t f#6 --ERY; Public
? 1
-,txe €+# fi< a3vi i3 e??pe q.?e i qq ??'* !}.,.?i?y
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF -4w-L
On this, the 90- day of Ala4td\ 2009,
undersigned officer, personally appeared James M. Hoover,
satisfactorily proven) to be the person whose name is subscribed
and acknowledged that hie executed the same for the purposes hE
a Notary Public, the
Jr., known to me (or
to the within instrument
rein contained.
IN WITNESS WHEREOF, l hereunto set my hand and official seal,
Nary Public
My Commission
(SEAL)
,? ?,
Jeanette L. Robe Notary Public
DNlebury Boro, York County
y COmrrAfilOn fee Aug. 22, 2010
s
EXHIBI
B
y a
3 THE LAW OFFICES OF
COLGAN MARZZACCO
LLC
Where Every Client Matters
Timothy J. Colgan
Christopher I Morzzocco
II
David E. Hershey
Thomas M. Clark
Shawn M. Curry
September 29, 2010
VL4 FACSIMILEAPID REGULAR U.S. MAIL
Mark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
Re: James M. Hoover, Jr.
Dear Mark:
This letter is to serve as a response to your email corresp,
22, 2010. 1 spoke to Mr. Hoover regarding the items that you
Alice and/or Colby. Please be advised that the items that are it
Mr. Hoover's items. Mr. Hoover does not have a problem
clothing or items that Colby purchased on his own. However,
bed and dressers belong to Mr. Hoover. With regard to the truc
driving, the truck belongs to Mr. Hoover and is titled in his nan
received this truck through her father's estate and gave the trucl
are aware, Mr. Hoover is currently paying the insurance on the t:
Hoover will most likely be requesting possession of the truck
retrieve additional clothing, he can contact Mr. Hoover directl`
through your office. Mr. Hoover will make the clothing availa
convenience. If there are items which Colby believes he owns, c
can provide a list for Mr. Hoover's review;
?ndence dated September
•equest be turned over to
Mr. Hoover's house are
turning over additional
he furniture, such as the
k that Colby is currently
le. ' Mr. Hoover's mother
to Mr. Hoover. As you
uck and in the future Mr.
Should Colby, want to
or he can provide a list
ale to him at his earliest
then than the clothing, he
If you do file a Petition for Special Relief in this matter, we will be requesting
reimbursement for any attorney's fees that Mr. Hoover pays out to our office. As always,
please do not hesitate to contact me with any questions.
Very
COI
:1
by Thomas
TMC/ss
cc: James M. Hoover
CCO, LLC
Clark, Esquire
130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • P: 717-502-5000 • F: 717-502-5050 • oll Free: 1-800-615-0115 ' www.cmfowl.com
Off, es in Dillsburg, Tork, Harrisburg, Scranton Area
EXIIBIT C
t
From: alicehoover3@comcast.net
To: "James Hoover" <jhoover@aessuccess.org>
Date: 10/20/2010 01:47 PM
Subject: Re: Colby
OK, Please check... there are no dress clothes in the bags
they should be in the closet.
u sent... he said
ok, please let me know what the changes etc, are... or keep them posted in the
book so I know what is going on. did you schedule his next appointment?
----- Original Message -----
From: ""James Hoover" <jhoover@aessuccess.org>
To: alicehoover3@comcast.net
Sent: Wednesday, October 20, 2010 12:42:36 PM
Subject: Re: Colby
I'll check I thought I sent everything?
It was fine. He needs another blood test, got the flu shot and I have a
Thanks,
Jim
From: alicehoc,ver3@comcast.net
To: "jim hoover" <jhoover@aessuccess.org>
Date: 10/20/2010 11:45 AM
Subject: Colby
Does Colby still have dress clothes at the house... black sr
sports jacket? If so, he needs them. He has a home comi
weekend. Can you put them in a bag and I will get them w
tonight.
How was Caden's doctors appointment yesterday?
Thanks.
Alice
couple settings to change.
s, dress shirts a
to go to next
n I get the boys
I
From: alicehoover3 comcast.net
To: "James Hoover" <jhoover@aessuccess.org>
Date: 09/23/2010 11:25 PM
Subject: Re: Colby
ok, thank you. Please let me know when I can get those itE
physical will be scheduled soon, so I want to make sure he
needs.
----- Original Message; -----
From: "James Hoover <jhoover@aessuccess.org>
To: alicehoover3@cc,mcast.net
Sent: Thursday, September 23, 20101:04:15 PM
Subject: Re: colby
I met with Sgt Blose today
for his physical...
Thanks,
Jim
Colby will need his Social Security card
From: alicehoover3@comcast.net
To: "jim hoover" <jhoover@aessuccess.org>
Date: 09/22/2010 12:43 PM
Subject: Colby
I sent you a text yesterday regarding getting colby's birth
to Sgt. Blose. Please let me know if you can do this, off
be called and other arrangements made.
from you. His
everything he
ind birth certificate on him
and SS card over
e, he will need to
Also, I was hoping to resolve this issue with Colby and you without attorneys
getting involved, but you have not indicated any concerns ither way. I did ;call
my attorney, because I needed to know legally how things should be handled.
Colby needs his personal items given to him. I need to know where you stand
with this. His things need to be moved into to my mom's house. There is so
much to discuss. Please let me know your thoughts, I am of sure how you want
to handle this.
Thank'you.
VERIFICATION
1, JAMES M. HOOVER, JR., verify that the statements made in
correct. I understand that false statements herein are made subject to
§4904 relating to unsworn i:alsification to authorities.
Date:-//-3-/6-
M. HOO
document are true and
penalties of 18 Pa.'C.S.
-- t
R. Plaintiff
aM
JAMES M. HOOVER, JR.,
Plaintiff/Respondent,
VS.
ALICE L. HOOVER,
Defendant/Movant,
: IN THE COURT 01
: CUMBERLAND CC
NO. 2008-2242
CIVIL ACTION - L
IN CUSTODY
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire, do hereby certify that on
correct copy of Plaintiff s Answer to Defendant's Emergency Moti
following individual, via United States First Class mail, postage
Mark K. Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
COMMON PLEAS
JNTY, PENNSYLVANIA
W
date, I served a true and
7 for Special Relief upon the
paid, addressed as follows:
LLC
By:
Dated: f g
Thomas M. Clark, Esq
ID # 85211
130 West Church Strei
Dillsburg, PA 17019
(717) 502-5000
JAMES M. HOOVER, JR.,
PLAINTIFF/RESPONDENT
V.
ALICE L. HOOVER,
DEFENDANT/MOVANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 08-2242 CIVIL TERM
ORDER OF COURT
AND NOW, this _ r) day of November, 2010, upon consideration of
defendant's emergency motion for special relief and plaintiff's answer thereto, the court
finds that there is neither an emergency nor is there an occasion requiring special relief.
However, based on plaintiff's response to paragraph 10 of the motion, plaintiff is
directed to make arrangements within seven (7) days of this order to return all of
Colby's tools that remain at plaintiff's residence. Furthermore, to the extent that any of
Colby's clothing remains at plaintiff's residence, it shall likewise be returned within
seven (7) days. In all other respects, defendant's requested relief, IS DENIED.
By the Court,
Thomas M Clark, Esquire
For Plaintiff/Respondent
? Mark K. Emery, Esquire
For Defendant/Movant
:saa
t
Albert H. Masla d, J.
c?
,
Z C3
rn