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HomeMy WebLinkAbout08-4189 HONEY C. HOCKLEY, Plaintiff vs. MATTHEW L. HOCKLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. p 1-// J-Y Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Honey C. Hockley, who currently resides at 4 Stonehedge Way, Carlisle, Cumberland County, Pennsylvania, 17065. 2. Defendant is Matthew L. Hockley, who currently resides at 17 E. Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB ADDRESS David Matthew Hockley 4/25/07 1012 Rockledge Drive Calrisle, Pa. 17015. Mother and Father married on June 3, 2006. The parties recently separated and Mother retained primary custody of the child. Since birth, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Honey C. Hockley 17 E. Pine St. May 2006 - Nov. 07 Matthew E. Hockley Mount Holly Springs, Pa. Jacob O'Connell (5) half-sibling. Honey C. Hockley Joan Ewing, (aunt) 4 Stonehedge Way Carlisle, Pa. 17015 Nov. 2, 2007 - Nov. 9, 2007. Honey C. Hockley 1012 Rockledge Dr. Nov. 09 - present Bobbie Ewing (cousin) Carlisle, Pa. 17015 Jacob D. O'Connell (son) 4. The relationship of plaintiff to the child is that of Mother. She currently resides at: 1012 Rockledge, Drive, Carlisle, Pa., 17015. The plaintiff currently resides with mother and his half-sibling, Jacob O'Connell, age 5. 5. The relationship of defendant to the child is that of Father. He currently resides at 17 E. Pine Street., Mount Holly Springs, Pa. 17065. The defendant currently lives with his children, Britton L. Hockley, age 10, and Evan M. Hockley, age 7. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in November 2007. Since separation Mother has maintained primary custody of the child Mother is requesting a custody order which would confirm that she has primary physical custody would provide for shared legal custody and periods of partial custody for Father as the parties agree. Mother believes that such an order would be in the best interest of the child because it would provide stability for the child 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: D /IV /0 6 Respectfully submitted, J e Adams, Esquire . No. 79465 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 7//y/ n, Honey C. ockley, Plaintiff ? d ?C P te r H r -- i 4 -J -C HONEY C. HOCKLEY, Plaintiff vs. MATTHEW L. HOCKLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Term ACTION IN STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this I? day of , 200?, by and between Honey C. Hockley, (Hereinafter referred to U a_ as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and Matthew L. Hockley, (Hereinafter referred to as "Father"), of Mount Holly Springs, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, David Matthew Hockley, date of birth, April 25, 2007; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. 104 1vt". NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of 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 the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custodv Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. I Partial Custodv. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the child as mutually agreed by the parties and as follows: a. Father shall have custody of the child on alternating Saturdays and alternating Sundays from 8:00 a.m. to 4:00 p.m. or 9:00 p.m. to 5:00 p.m. After the child's first birthday, which shall occur on April 25, 2008, Father's time will continue to gradually increase to overnight visitation based upon the breastfeeding relationship with mother and child and the parties' agreement. Father's time will gradually increase with the end goal for Father to have custody every other weekend starting on Friday at 5:00 p.m. and ending on Sunday at 1:00 p.m. b. On one weeknight, per week, for three hours, the specific night each week shall be as the parties agree. 0644 ey c. Father shall have a period of partial custody with the child on Thanksgiving and July 4th from 9:00 a.m. through 6:00 p.rr). d. Father shall have a period of partial custody with the child on Christmas Eve for six hours. e. Mother shall always have the child on Mother's day from 9:00 a.m. to 5:00 p.m. and Father shall always have the child on Father's Day from 9:00 a.m. to 5:00 p.m. f. Father shall have additional periods of physical custody with the child as the parties mutually agree. g. After the child's second birthday, Father shall have two non-consecutive weeks with the child during the summer for family vacations, provided thirty (30) days notice is given to Mother. 4. Transportation and Exchange The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child 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 the child shall communicate with the other party by telephone or any other means practicable, 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 possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a tt" A licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 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. 8. Binding Effect and Modification of Order This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so 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. 9. Governing Law This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. Matthew L. Hockley, Father Date: -4& ?yMother Honey C. cklDate: '711 y/Pr ?U? WITNESS: ?o 71 r -cx Co -c 'J11182N ' t w HONEY C. HOCKLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 4R-- Civil Term MATTHEW L. HOCKLEY, ACTION IN CUSTODY Defendant ORDER AND NOW, this I /0rday of , 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on July 14, 2008, shall be entered as an Order of Court. BY THEeCOURT: J. cc: Matthews L. HockleY, father 'Jane Adams, Esquire, for mother Copt'" env tLGL 7/a ??08 Sz •6 wv ZZ in sooz 1M ru!od' 3HI ?C ]o'-J:10--aPj.