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Home My WebLink About08-5220SUZANNE SPENCER ABEL, IN THE COURT OF COMM N PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 2008 - ALLEN DALE HOSTETTER, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Suzanne Spencer Abel, currently residing at P.O. Box 11 1, Carlsle,17013, Cumberland County, Pennsylvania! 2. The Defendant is Allen Hostetter, currently residing at 7 East Lauman ?treet, Mt. Holly Springs, PA 17065, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of Virginia Grace Hostetter, (DOB 9/11/02), temporarily residing I at 15 Thornhill Drive, Carlisle, Pennsylvania. 4. The child was not born during a marriage of the parties. The child is presently in the custody of Dolores Hostetter (paternal gra dmother), currently residing at 15 Thornhill Avenue, Carlisle, PA. During the past five (5) years, the child has resided with the following Oersons at the following addresses: Mother, Elizabeth Abel 22 East Street, #6, Mt. Holly Springs, PA 01/2003 - 08/22/08 Dolores Hostetter (Paternal Grandmother) and Mark Hostetter (Pernal Uncle) 15 Thornhill Court, Carlisle, PA 08/42/08 - present The mother of the child is Suzanne Spencer Abel, currently residing at ?.O. Box 1161, Carlisle, PA 17013. She is divorced. Mother's present physical residence is undisclosed pursuant to threats to her life that pre- and post-dated the criminal charges of 8/22/08, docketed at CR-333-08. The Pr minary Hearing in this matter has been continued until October 9, 2008 at the request of the of cc of the District Attorney subsequent to sworn testimony at the hearing of August 24, 2008. The father of the children is Allen Hostetter, currently residing at 7 Eas? Lauman Street, 5. 6. 7. 8 PA 17065. He is not married. The relationship of the Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Richard Beishline The relationship of the Defendant to the child is that of father. Defenont currently resides with the following persons: none. Plaintiff has not participated as a party or witness, or in another capacify, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the chid pending in a court of this Commonwealth. Plaintiff knows of the following persons not a party to the proceedings ?vho have claims to have custody or visitation rights with respect to the child: Dolores The best interest and permanent welfare of the child will be served by ranting the relief requested because a. Plaintiff is capable of, and has been providing for the child's daily physical, social, emotional, and medical needs since her birth, and will continue to ensure the child maintains a close relationship with Defendant. b. On August 28, 2008, when Mother attempted to visit child at P ternal Grandmother's residence and take her outside to review their sgety plan. As Mother was holding their 5 year old daughter, Father ran up boind Mother, threw his arm around Mother's neck and attempted to choke h?r. Mother screamed to let go of her. When Father tightened his grip arou#d her neck, Mother bit Father on his right upper forearm, whereupon Father lifted Mother off the ground and threw her and their child to the ground, lancing on top of Mother with daughter sandwiched between the parents. Fathe began striking mother as he screamed that Mother is a "fucking cunt", a "fuc g bitch", a "god dammed psychotic bitch", a "fucking whore", a "stupid fucking itch", a "moron", and a "dumb fuck", all in the presence of the child. Mother and child screamed for Father to stop as the child was pinned under Father while h pummeled Mother with his fist, forearm and knee. Father released Mother and child when a witness called the police and ambulance. Police cited both parties for harassment as both parties sustained injuries. Mother's subsequent medical evaluation confirmed contusions, hemotomas, and bruises, along with inst*uctions to watch for further signs of concussion. c. Father has twice failed alcohol rehab, with the most recent relapse beginning in July 2007. d. Father has twice pled guilty to domestic violence charges when Father' s addiction was active. Mother was the victim in both cases. (Se Attached UJS docket sheets) e. Father's alcohol relapse and escalating violence causes Mother tenewed fear for her safety, as well as the safety of their daughter, based upon Fa?her's demonstrated impaired judgment, evidenced by his total disreg rd for the effects of his violent behavior on the parties' minor child and his demonstrated disrespect for Mother in Daughter's presence. f. Once the incident calmed down, Father locked the child in his other's house and with himself. Upon exiting the residence, Mother asked to ee the child. Father refused and resumed shoving Mother and hurling the lit y of character attacks, including his belief that since Mother is a criminal felon who will be spending years in jail, he is entitled to "beat the crap" out of Mother. When police permitted Mother to see the child, the child told Mother that "Daddy said you did this to me." g. Father's residence is presently unfit, and has been unfit since 2004, for human habitation, resulting in Father's voluntary relinquishment of Father's previously agreed upon weekly Saturday over night visitation. Specifically Father has no bed for child; has exposed insulation and wiring hanging from t?e ceilings and walls, has unsecured power tools and construction equipment fluttering the living spaces, and Father further refuses to obtain the appropriate building permits to ensure the work he has personally completed meets ?uilding codes, Father further refuses to allow the child's toys and more than 2 flays of the child's clothes to "clutter up his house." h. As the 5-year old daughter does not have her own bed, she on the rare occasions when she sleeps over. The daughter re continues to sleep in the nude and rejects all suggestions to 1 pajama bottoms. Daughter's discomfort is so severe that she Father's home, but does continue to enjoy maintaining her re for their 2-3 hour bi-weekly visits. 9. Each parent whose parental rights to the child have not been who has physical custody of the child have been named as parties to with her Father that Father underwear or ;es to sleep at nship with him and the person action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this and the right to intervene: Dolores Hostetter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to granting both parents shared legal custody, granting Mother primary physical child, with temporary physical custody granted to the paternal grandmother f until September 8, 2008, when primary physical custody will automatically re Mother when Mother takes possession of her new residence at 210 E Street, C providing for supervised visitation for Father at the paternal grandmother's re; his successful completion of a drug &r alcohol treatment program with ongoin; monitoring. Respectfully submitted, Suza ' e Spencer Abel, Esq., Atty 202443 P. O. Box 1161 Carlisle, PA 17013 (717) 386-5612 Home Office (717) 386-5613 Fax spencerabel@comcast.net inter an Order .ustody of the )m the present ert back to rlisle, and further Bence pending compliance Se SUZANNE SPENCER ABEL, Plaintiff v ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COMM N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - CIVIL ACTION - LAW IN CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set f rth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made sub ect to the penalties of IS Pa.C.S.A. 44904 relating to unworn falsification to authorities. Date: Aaln Spencer SUZANNE SPENCER ABEL, Plaintiff v ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COW CUMBERLAND COUNTY, No. 2008 - CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE PLEAS NSYLVANIA I certify that, concurrent with filing the foregoing Complaint forCustody, am this day serving a copy of same via First Class U.S. Mail, to the following Defendant an Interested party: Allen Hostetter 7 East Lauman Street Mt, Holly Springs, PA 17075 Dolores Hostetter 15 Thornhill Court Carlisle, PA 17013 Date: ?l Zql 0t Snz Spencer At P.O. 0 1161 Carps e, PA 17013 (717) 386-5612 (717) 386-5613 FAX Magisterial District Judge 09-3-03 w7 -41 Docke Number: NT-0000956-02 Non-Tra is Citation Docket COMMONWEALTH OF PENNSYLVANIA i v. HOSTETTER, ALLEN DALE Page 1 of 1 GASEt ftF0ft*kTHM Judge Assigned: DAY, SUSAN K Issue Date: 06/08/2002 OTN: File Date: 06/08/2002 Arresting Agency: MT HOLLY SPRNGS, POLICE DEPT Case Disp: Guilty By Plea Arresting Officer. Disp Date: 08/06/2002 Complaint/Incident # 02-138 Requested: $0.00 County: CUMBERLAND Judgment: $0.00 Township: MT HOLLY SPGS BORO Case Status: Adjudicated Name: HOSTETTER, ALLEN DALE Address: MT HOLLY SPRIN S, PA 17065 Date Of Birth: 02/02/1958 Sex: Male Race: White # Charge Grade tlasrtrinfinn n.---- i..-- 1 18 § 2709 §§ Al Schedule Date 09/06/2002 10:00 AM Total Due: $192.00 Total Paid: $192.00 S HARASSMENT/STRIKE, SHOVE, KICK, ETC. CALENDAR Event Type Payment Hearing Guilty Ilea (Lower Court) Status "Wr'e Total Adj: $0.00 Balance: $0.00 1200 - - Printed: 08129/2008 12:51 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the cou of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for ins to or delayed data, errors or omissions on these docket sheets. Docket sheet information should rat be used in place of a criminal history be ground check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Ps.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-03 Judge Assigned: OTN: Arresting Agency: Arresting Officer. Complaint/Incident # County: Township: COMMONWEALTH OF PENNSYLVANIA V. HOSTETTER, ALLEN DALE DAY, SUSAN K Issue Date: H 9851343 File Date: MT HOLLY SPRNGS, POLICE DEPT Case Disp: BEYER, ERIC B Disp Date: 04335 Requested: CUMBERLAND Judgment: MT HOLLY SPGS BORO Case Status: Name: HOSTETTER, ALLEN DALE Date Of Birth: 02/02/1958 M%V*W OWOFMATMN Address: Sex: Race: Docke Number: CR-0000596-04 Criminal Docket Page 1 of 1 i 12/20/2004 Guilty By Plea 06/27/2005 $0.00 $0.00 Adjudicated MT HOLLY SPRIN S, PA 17065 Male White # Charge Grade Description _ Dis osltion 1 18 § 2709 §§ A7 M3 HARASSMENT - COMM. REPEATEDLY IN ANOTHER Guilty lea (Lower Court) MANNER Schedule Date Event Type Status _ 02/09/2005 11:00 AM Preliminary Hearing - CONT 03/2312005 11:00 AM Preliminary Hearing CONT 04/14/2005 03:00 PM Preliminary Hearing CONT 06/14/2005 01:30 PM Preliminary Hearing GP 07/14/2005 09:00 AM Preliminary Hearing Total Due: $323.50 Total Adj: $0.00 Total Paid: $323.50 Balance: $0.00 sates Summons Date Summons Action 12/27/2004 SUMMONS ACCEPTED Name: BEYER, ERIC B 1200 Printed: 08/2912008 12:46 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the cou of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for in c curate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history be ground check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (16 Pa.C.S. Section 9101 at seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-3-03 Docke Number: CR-0000218-02 Criminal Docket COMMONWEALTH OF PENNSYLVANIA V. HOSTETTER, ALLEN DALE Page 1 of 1 Judge Assigned: Issue Date: OTN: L 124238-2 File Date: 06/08/2002 Arresting Agency: MT HOLLY SPRNGS, POLICE DEPT Case Disp: Move to Non-Tra c Court Arresting Officer. Disp Date: 08/06/2002 Complaint/Incident # 02-138 Requested: $0.00 County: CUMBERLAND Judgment: $0.00 Township: MT HOLLY SPGS BORO Case Status: Adjudicated "1" Name: HOSTETTER, ALLEN DALE Address: MT HOLLY SPRIN S, PA 17065 Date Of Birth: 02/02/1958 Sex: Male Race: White W& f Bail Type: Monetary Status Date: 06/08/2002 Bail Status: Posted Posting Date 06108/2002 Bail Amount: $5,000.00 O/S Amount: $0.00 Bail Percentage: STBL Location Commit Reason Commit Date Release Date Release Reason 06/08/2002 6/8/2002 # Charge Grade _Desi 1 18 § 2701 §§ Al 2 18 § 2709 §§ Al 3 18 § 5503 §§ Al 4 18 § 5503 §§ A4 Schedule Date 06108/2002 05:35 PM 06/13/2002 10:00 AM 08/06/2002 01:30 PM Total Due: $0.00 Total Paid: $0.00 SIMPLE ASSAULT S HARASSMENT/STRIKE, SHOVE, KICK, ETC. S DISORDERLY CONDUCT ENGAGE IN FIGHTING S DISORDER CONDUCT HAZARDOUS/PHYSI OFF CALEN"R Event Type Arraignment Preliminary Hearing Preliminary Hearing Total Adj: $0.00 Balance: $0.00 sed (Lower Court) to Non-Traffic (Lower Court) sed (Lower Court) sed (Lower Court) f Status CONT MVNT # 1200 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for omissions on these docket sheets. Docket sheet Information should not be used in place of a criminal history provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal His Sectlon 9101 et seq.) maybe subject to civil liability asset forth in 18 Pa.C.S. Section 9183. Printed: 08/29/2008 12:48 pm s of the Unified Judicial System of curate or delayed data, errors or ;round check, which can only be Record Information Act (18 Pa.C.S. H In ID Cs N 0 C.:o C; 1 T ? ? : Sda - Kea SUZANNE SPENCER ABEL, Plaintiff v ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COMMO? PLEAS CUMBERLAND COUNTY, P NNSYLVANIA No. 2008 - 5ZZO CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PA Respectfully submitted, Suz?n4e Spencef Abel, E,, P.O. x 1161 Carlisle, PA 17013 (717) 386-5612 spencerabel@comeast.net To the Prothonotary: Kindly allow Suzanne Spencer Abel, Plaintiff, to proceed in Page 1 pauperis. SUZANNE SPENCER ABEL, Plaintiff v ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COMMO PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT PURSUANT TO Pa.R.C.P. 240(c 1. I am the Petitioner in the above matters and because of my financial condition am unable to pay the fees and costs of prosecuting o defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my famil and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: .>Azannt M kx? Address: -Pd C Social Security #: ((I 1?57J 133= (b) Employment: If you are presently employed, state: Employer: &Ane R x -Alm! Address: Po -&/V 1 Page 2 f ? Salary or wages per month: 01 Type of work: gCMX SW I If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: (c) Other Income within the past twelve months: Business or profession: Other self-employment: `* Interest: Dividends: Pension & Annuities: Social Security benefits: Support Payments: 12-SO IM Disability Payments: Unemployment Comp & Supplemental Benefits: Workers' Compensation: Public Assistance: Page 3 Other: (d) Other contributions to household support: (Wife)(Husband) Name: If spouse is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned: Cash: IE,3x;a q Checking Account: e Savings Account: PC50 Certificates of Deposit: Real Estate (including home): Motor Vehicle: Make: VC nAaAJr.!. Year: IQ?3 Cost: Amount Owed: Page 4 i . Stocks Other: ( Debts Mortg., Rent: Loans: Other: (g) Persoi (Wife)1 Childr Name: Name: Other Name: Relatic 4. I understi improvem the costs i 5. The verifi herein by i I & Bonds: ind Obligations: tge: U 'T> (tSo0 is dependent upon you for support: Husband) Name: 3n, if any: 6 ?r Y?.l,? -06G?e1 Age .5 Age persons: inship: end that I have a continuing obligation to inform ent in my financial circumstances that would pe acurred herein. ration for this Praecipe is attached hereto and is reference. Page 5 he court of mit me to pay ncorporated C "`? ?; ??° `o - -z r `::? (y, k .;?_ ? ??, ' ? ,-? _- ?' ?' W ?-, "". K -?'" SUZANNE SPENCER ABEL, Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-5220 ALLEN DALE HOSTETTER, CIVIL ACTION-LAW Defendant/Petitioner IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Allen Dale Hostetter, Petitioner, by and through his attorney of record, Hannah Herman-Snyder, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Petitioner is the above named Defendant, Allen Dale Hostetter, hereinafter referred to as "Father," an adult individual currently residing at 7 East Lauman Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Respondent is the above named Plaintiff, Suzanne Spencer Abel, hereinafter referred to as "Mother," an adult individual currently residing at 210 E Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (3) child, namely, Virginia Grace Hostetter, born September 11, 2002. 4. The parties separated around the time of the child's birth, and since that time have tried to work together in regards to their custody arrangement, and although an Order of Court was never obtained, Mother has been exercising primary physical custody of the child since her birth and since the child was approximately four (4) months old, Father exercised periods of custody such that he would have overnights approximately once a week and saw the child approximately three (3) to four (4) times a week, with overnights slowing down in the last several years as Father is working on renovations on his house, such that the child did not have her own bedroom, which is scheduled to be complete within the next several weeks. 5. In the last year, until on or about August 22, 2008, the parties had exercised custody such that Mother exercised primary physical custody, and Father exercised partial physical custody, having an overnight every two (2) to three (3) weeks, but still seeing the child approximately three (3) to four (4) times a week. 6. On or about August 22, 2008 Mother was arrested, charged with aggravated assault, recklessly endangering another person, criminal mischief, tamper with property, disorderly conduct, hazardous physical offense, disregard traffic lane, careless driving and reckless driving, with all charges still pending. 7. Mother was arrested due to an assault on the wife, Leahann Beishline, of her current live-in significant other, Richard Beishline, which resulted in Ms. Beishline ending up on the hood of Mother's moving vehicle, Mother driving in the wrong lane and running into a moving police car. 8. At the time of the incident, Mother, Mr. Beishline, Mr. Beishline's two children and the child at issue resided together, and since that time Mr. Beishline's two children have been taken into the custody of Children and Youth Services and are currently residing in foster care. 9. From August 22, 2008 to August 28, 2008, Father exercised custody of the child and worked with Mother to arrange periods of contact between Mother and the child. 10. When Father stated on August 28, 2008 that he wanted to speak with Mother that evening, in fact wanting to speak with her about the current custody arrangement and his concerns for the child, that evening then lead into an altercation as Mother tried to remove the child from Father's custody and Father tried to physically stop Mother from removing the child as he feared Mother would abscond with the child. 11. After the parties' altercation on August 28, 2008 which lead to simple assault and harassment charges for both parties, the next day, August 29, 2008, Mother then removed the child from the Mt. Holly Elementary School in Carlisle School District, where the parties agreed she would begin her education, and placed her in Hamilton Elementary School in Carlisle School District, and Father has not see the child since that time, although he has spoken with her once. 12. Mother filed a Custody Complaint on August 29, 2008 such that Father felt that the matter would be heard in a timely manner, however, as of this date, a conciliation date has not yet been assigned, and upon investigation it was discovered that Mother did not file her in forma pauperis request properly such that the Custody Complaint is not being processed. 13. Mother can not properly care for the child at this time as Mother has demonstrated a disregard for human life, and Mother is placing the child in the middle of a volatile situation occurring between Mr. Beishline and Ms. Beishline who have an extremely contentious relationship that has resulted in criminal charges, PFAs and their children being placed into foster care. 14. Mother is placing the child in a compromising position and dangerous situation as she continues to reside with her significant other, Mr. Beishline, although stating that she is in fear for her safety as it pertains to Mrs. Beishline, representing in the Custody Complaint that she was living at an undisclosed address "pursuant to threats to her life that pre- and post-dated the criminal charges of 8/22/08...." 15. Mother has filed a Protection from Abuse Petition against Father, after receiving a no trespass letter sent on Father's behalf, alleging purely custody related allegations, in regards to the altercation of August 28, 2008 for which both were cited for simple assault and harassment and making accusations against Father in connection with his alcohol addiction. 16. Father admits that he has struggled with an alcohol addiction over the years, but he has never been intoxicated while the child is in his custody and is currently undergoing treatment to deal with the stressful situation going on with custody and now criminal matters as well as taking medication for depression, which is at the root of the alcohol addiction. IT Even with his addiction, Father has maintained his employment with Comcast for nine (9) years, has owned his home for eighteen (18) years, and most importantly has always maintained consistent contact with the child. 18. Father will have the child's bedroom prepared for her to live in in the near future and believes that even without the bedroom being finished it is in the child's best interest to reside with him as the benefits to the child in residing with him outweigh the fact that she does not have her own room. WHEREFORE, Petitioner requests your Honorable Court grant Father sole legal custody and rimary physical custody of the child until such time as this matter can be heard at a custody p conciliation conference and a further directive from the Court is entered; that a custody conciliation conference shall be scheduled as soon as is practical in this matter, and that the child shall immediately be enrolled in Mt. Holly Elementary School in South Middletown School District. Respectfully Submitted, Hannah Herman-Snyder, Esq ire Attorney,for Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to DATE: t -1 00 8 ALLEN DALE HOSTETTER, Petitioner SUZANNE SPENCER ABEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2008-5220 ALLEN DALE HOSTETTER, : CIVIL ACTION-LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the V,- day of September 2008, cause a copy of Petitioner's Petition for Special Relief to be served upon Respondent by serving her in person at the following address: Suzanne Spencer Abel 1 Courthouse Square Carlisle, PA 17013 (Courthouse) DATE: Hannah Herman-Snyder, E uire Attorney for Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 H ?-- ._._ c? ?. ? t ?? ?,?_ =? ? . ?? CU -':? 7x ?.? .?.,, -, C ? ? ?. ?? f r SUZANNE SPENCER ABEL, Plaintiff vs. ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-5220 CIVIL ACTION-LAW IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND NOW come Allen Dale Hostetter, Defendant, by and through his attorney of record, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and avers as follows: 1. Admitted in part. It is admitted that the Plaintiff, hereinafter "Mother," is Suzanne Spencer Abel. Defendant, hereinafter "Father," is without sufficient information or knowledge to admit or deny Plaintiff's current address. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that Mother seeks custody of Virginia Grace Hostetter (D.O.B. 9111/2002). It is denied that the child is temporarily residing at 15 Thortihill Court, Carlisle, Pennsylvania. It is averred that the child has resided with Mother from the time of her birth until August 22, 2008, at which time Mother was arrested, charged with aggravated assault, recklessly endangering another person, criminal mischief tamper with property, disorderly conduct hazardous physical offense, disregard traffic lane, careless driving and reckless driving, and the child resided with Father until August 28, 2008, at which time the child spent the night with Delores Hostetter, hereinafter "paternal grandmother," and since August 29, 2008, when Mother picked the i child up at school the child has been living with Mother at an undisclosed location. 4. Admitted in part. Denied in part. It is admitted that the child was not born during a marriage of the parties. It is denied that the child is presently in the custody of paternal grandmother, currently residing at 15 Thornhill Court, Carlisle, Pennsylvania. It is averred that the child is currently in the custody of Mother residing at an undisclosed location. It is denied that during the past five (5) years, the child has resided with the persons and at the addresses as indicated by Mother. It is averred that the child has resided as follows: NAME Suzanne S. Abel and Richard Beishline (Mother's significant other) Father ADDRESS Undisclosed location 7 East Lauman Street Mt. Holly Springs, PA 17065 Mother and 22 East Street, #6 Elizabeth Abel (half sister) Mt. Holly Springs, PA 17065 DATES August 29, 2008 to Present August 22, 2008 August 28, 2008 January 2003 to August 22, 2008 It is admitted that the Mother of the child is Suzanne Spencer Abel and that she is divorced. Father is without sufficient information or knowledge to admit or deny Mother's current address. ? .1, 1 It is admitted that the Father of the child is Allen Hostetter, currently residing at 7 East Lauman Street, Mt. Holly Springs, Pennsylvania, 17065. It is admitted that he is not married. 5. Admitted. 6. Admitted. 7. Admitted. By way of further response, it is averred that paternal grandmother has rights only as is consistent with the Grandparents' Act. 8. Denied. It is denied that the best interest and permanent welfare of the child will be served by granting the relief requested by Mother. a. Denied. It is denied that Plaintiff is capable of and has been providing for the child's daily physical, social, emotional, and medical needs since her birth and will continue to ensure the child maintains a close relationship with Defendant. It is averred that on or about August 22, 2008, Mother attempted to run over another woman and Mother did so with the woman's two children in her vehicle, ages 6 and 5, and while the child at issue was not present, this shows the Mother's lack of judgment in caring for children in general. Prior to this incident, it is admitted that historically Mother provided for the child's daily physical, social, emotional, and medical needs. However, it is further averred that Father participated equally in taking care of the child's physical, social, emotional, and medical needs as well. It is averred that Mother will not ensure that the child maintains a close relationship with Father and, in fact, has not allowed Father to speak with the child, except on two occasions, since picking the child up from school on August 29, 2008, transferring schools, and not advising Father of her location. b. Admitted in part. Denied in part. It is denied that on August 28, 2008 when Mother attempted to visit child at paternal grandmother's residence and take her outside to review their safety plan, as Mother was holding their five (5) year old child, Father ran up behind Mother, threw his arm around Mother's neck and attempted to choke her. It is averred that Father had been exercising custody of the child since August 22, 2008 when Mother was incarcerated due to the pending charges against her pertaining to the incident during which she attempted to run down a woman with her vehicle, and the parties arranged that Father exercise primary custody with Mother seeing the child as agreed upon between the parties. It is averred that on August 28, 2008, the parties arranged that the child would be dropped off at paternal grandmother's residence at 4:00 p.m. and when she was not there, Father became concerned. Mother arrived at the residence at 4:45 p.m. and started the conversation with Father by stating that she had removed the child from school and that the child was going to be starting in the Carlisle School District as of Tuesday, September 2, 2008. After Father stated that the lawyers could talk then in regards to the custody situation, Mother and her significant other, Richard Bieshline left the residence. It is further averred that the next thing Father knew, Mother was bursting back in to paternal grandmother's residence, picked up the P child, and dashed to the front door. As the parties do not have a Custody Order and the current situation is very volatile with Mother's criminal charges, Father perceived Mother's actions as her snatching the child and as Mother went through the front door, Father insisted that Mother let go of the child. It is averred that at no time did Father wrap his arm around Mother's neck and/or choke her. It is averred that the physical altercation took place as Father tried to pry Mother's arms off of the child and she bit him, leaving significant marks on the inner part of his right arm. It is denied that when Father tightened his grip around her neck, Mother bit Father on his upper forearm whereupon Father lifted Mother off the ground and threw her and the child to the ground landing on top of Mother and the child sandwiched between the parties. It is averred that when the parties were struggling over the child, they did both end up on the ground, but at no point was Father on top of Mother and the child. It is denied that Father began striking Mother as he screamed profanities at her. It is averred that there was screaming and swearing on both sides but at no point did Father strike Mother and the profanities used by both parties were said in the presence of the child. It is admitted that Mother and the child screamed for Father to stop. It is further averred that Father and the child were also screaming for Mother to stop. It is denied that child was pinned under Father while he pummeled Mother with his fist, forearm, and knee. It is averred that any physical injuries suffered by Mother were received only as a direct result of Father trying to pry her arms from around the child. It is denied that Father released Mother and the child when a witness called the police and an ambulance. It is averred that at some point Mother did release the child who ran back into the house with paternal grandmother. It is admitted that the police cited both parties for harassment as both parties sustained injuries. Father is without sufficient information or knowledge to admit or deny Mother's allegations that her subsequent medical evaluation confirmed contusions, hematomas, and bruises along with the instructions to watch for further signs of concussion. It is averred that Mother, Father, and the child were all examined by medics at the scene and that no one at that point was taken for further treatment, and the child was physically unscathed. C. It is denied that Father has twice failed alcohol rehab with the most recent relapse beginning in July 2007. It is averred that Father does struggle with continued alcohol issues and has twice gone through rehabilitation programs, both of which he successfully completed. It is further averred that Father never participated in inpatient rehabilitation and he is currently involved with a treatment program as he is well aware of his stressors and knows that a custody battle is a stressful time, so he plans to have all of the support he can. d. Admitted in part. Denied in part. It is admitted that Father has twice plead guilty to criminal charges when his addiction was active. It is denied that the charges were domestic violence charges. It is averred that the charge dealing with physical harassment was from June 2002 and the harassment charge in December 2004 had to do with telephone calls. By r way of further response, it is averred that although Mother has been well aware of father's history with alcohol addiction, she has allowed regular and consistent contact between Father and the child. Furthermore, none of Father's alcohol addiction issues have ever affected his ability to parent as he has had long periods of sobriety, and when he is not sober, he does not drink when he has custody of the child. Furthermore, he has held the same job for nine (9) years, and has owned his own home for eighteen (18) years. e. Father is without sufficient information or knowledge to admit or deny how Mother feels about Father's alcohol relapse. However, by way of further response, Father is concerned about Mother's demonstrated impaired judgment as she ran down another woman and she had two (2) minor children in the car with said children having been removed from her household by Children and Youth Services. Furthermore, Mother started the altercation on August 28, 2008 by barging into paternal grandmother's residence, snatching the child and then biting Father when he attempted to stop her. It is further averred that the disrespect between the parties went both ways during this altercation, but again, Mother initiated it, and initiated a scene by trying to remove the minor child from Father's custody. f. Denied. It is denied that once the incident calmed down, Father locked the child in his mother's house and with himself. It is averred that once the incident started, Father never returned to the inside of paternal grandmother's house. Rather, it is averred that the child, once released by Mother, ran into paternal grandmother's house and paternal grandmother locked the door to the residence. It is denied that upon exiting the residence, Mother asked to see the child. It is averred that when Mother exited the residence, she had the child with her and once the child went back in the house, before the door was locked, Mother was attempting to enter and Father was preventing her from doing so. However, once the door was locked, the parties separated and Mother went to the curb while Father sat on the hood of his mother's vehicle. It is denied that Father refused and resumed shoving mother and hurling the litany of character attack including his beliefs that since Mother is a criminal felon who will be spending time in jail, he is entitled to "beat the crap out of Mother". It is averred that at no point did Father stated that he was entitled to "beat the crap out of Mother," and the physical altercation all centered around Father trying to remove Mother's arms from the child. Father is without sufficient information or knowledge to admit or deny what the child told Mother when the police permitted Mother to see the child. It is further averred that each of the parties were allowed to say good bye to the child and agreed that the child would stay with paternal grandmother for the night. It is averred that Father apologized to the child for fighting in front her, assuring her that she had nothing to do with the altercation and in no way said anything demeaning to mother. It is further averred that paternal grandmother witnessed the contact between each of the parents and the child and has reported that when Mother spoke with the child, rather than apologizing and assuring the child that nothing was her fault as Father had done, she proceeded to try to explain to the child why the whole altercation was Father's fault. g. Denied. It is denied that Father's residence is presently unfit and has been unfit since 2004 for human habitation resulting in Father's voluntary relinquishment of Father's previously agreed upon weekly Saturday overnight visitation. It is averred that since the child was approximately four (4) months old, Father has seen the child on a minimum of three (3) times a week and has an overnight visit at least once every three (3) weeks. It is admitted that Father did slow down the overnight visitation, which had been weekly, due to all of the work on his home. It is averred that the home is habitable and Mother has never had an issue with overnight visitation until this time. It is denied that Father has no bed for the child. It is averred that there was a period of time during which he did not have a bed for the child because he had given her bed to Mother for Mother to use at her residence. It is denied that Father has exposed insulation and wire hanging from the ceilings and walls. It is averred that the insulation has plastic covering it and while there are wires, they are dead wires as he is working on half the house, and the half that is being worked on and has wires does not have electricity to it, although the half that he is living in does have electricity and no exposed wires. It is admitted that there are unsecured power tools and construction equipment. However, again it is averred that such has been present for a number of years as Father works to remodel his home and Mother has not had an issue until this time. It is further averred that Father supervises the child and that the child knows not to touch the tools and equipment. It is denied that Father refuses to obtain the appropriate building permits to ensure the work he has personally completed meets building codes. It is averred that no work has been completed at this time and Father is investigating appropriate permits. It is denied that Father refuses to allow the child's toys and more than two (2) days of the child's clothes to "clutter up his house". It is averred that Father has quite a few toys and clothes at his house to provide for the child for more than two (2) days. h. Admitted in part. Denied in part. It is denied that the child does not have her own bed. By way of further response, it is admitted that for a period of time the child did not have her own bed and that she slept with Father when she slept over. It is denied that these are rare occasions. It is averred that the child spends that night at Father's residence on a regular basis, that being once very two (2) to three (3) weeks. Father does not have sufficient information or knowledge to admit or deny what daughter is reporting to Mother. However, it is averred that Father has never slept in the nude during his periods of custody, and in fact has always worn underwear and/or pajama bottoms. It is denied that daughter's discomfort is so severe that she refuses to sleep at father's home. It is averred that there was a long period of time during which the child spent the night at least one night a week, for the last year the child has spent the night once every two (2) to three (3) weeks, and spent every night at Father's residence from August 22, 2008 to August 28, 2008. It is admitted that the child enjoys maintaining her relationship with father, but it is denied that this contact is only on a two (2) to three (3) hours bi-weekly visitation schedule. Rather, it is averred that Father spends significant time with the child, at a minimum of three (3) days a week and while some of the visits may only be two (2) to three (3) hours, other visits are entire days. 9. Admitted. By way of further response, it is averred that paternal grandmother has rights only as is consistent with the Grandparents' Act. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order granting the parties shared legal custody and granting Father primary physical custody. Respectfully Submitted, Hannah Herman-Snyder, squire Attorney for Defendant GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 i VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to DATE: ?-11 -08- C? ? Q tG W 4a? r f CD .-,3 Spencew a6deam VUke sEp 2 s zoaeP? P.O. Box 1161, Carlisle, PA 17013 Email: SpencerAbel@comcast.net Suzanne Spencer Abel, Esq. www.SpencerAbelLawOffice.com Home Office: 717-386-5612 Fax: 717-386-5613 Cell: 717-829-3206 Please note the new mailing address, telephone number, and fax number. Melissa Caly elli Q? Court A ' 'strator Cumberla d County Courthouse 1 Courthouse Square Carlisle, PA 17013 September 23, 2008 Re: Praecipe to Proceed in Forma Pauperis Docket # 2008-5220 Dear Ms. Calvanelli: In response to your letter of September 3, 2008, enclosed please find the following documentation: • 2007 Federal Income Tax Return • 2008 Year-to-Date Profit/Loss Statement for Spencer Abel Law Office • Current bank statement summary of account balances • Amended Affidavit Pursuant to Pa.R.C.P. 240(c) and executed Verification Please contact me if you have any questions or need any additional information. Sincerely, :*W U&(4 Su Ire encer Abel, Esq. Encl. Xc: NOT FOR FURTHER DISTRIBUTION: Hannah Herman-Snyder, Esq. Griffie &r Associates 200 North Hanover Street Carlisle, PA 17013 SEP 2 3 200?r SUZANNE SPENCER ABEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 2008 - 5220 ALLEN DALE HOSTETTER, CIVIL ACTION - LAW Defendant IN CUSTODY AMENDED AFFIDAVIT PURSUANT TO Pa.R.C.P. 240(c) 1. I am the Petitioner in the above matters and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Address: ???? 0 - A I U13 Social Security #: I (PIT -5 a " (191 (b) Employment: If you are presently employed, state: Employer: Address: V a CwiL!:;k PA i lo 15 Page 2 Salary or wages per month: Vat?V' c.?Q.Q ( k-0 ?1 Type of work: If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: (c) Other Income within the past twelve months: Business or profession: Other self-employment: Un a Interest: "&" Dividends: - 16-Pension & Annuities: Social Security benefits: ?& Support Payments: * yW IMO Disability Payments: ?61 Unemployment Comp & Supplemental Benefits: & Workers' Compensation: & Public Assistance: & Other: I& Page 3 (d) Other contributions to household support: lc.ct 4-44KS?) Name: If spouse is employed, state: Employer: Salary or wages per month: 4 ?6 5W Type of work: Contributions from children: `). Contributions from parents: `G- Other contributions: (e) Property owned: Cash: - Checking Account: < *t?ao --> CQD Savings Account: Certificates of Deposit: `' Real Estate (including home): &.. Motor Vehicle: Make: P(./ww#i 1)rntaatt/Year: 1993 Cost: * 3Co Amount Owed: Stocks & Bonds: Page 4 Other: rlfl M 4. 5. (f) (g) Debts and Obligations: Mortgage: '61 -f 0, Rent: 100 /Mo. 6us64 Vbyj - - ggQNMO. L y t4?, o?? Loans: t'),. uatk tifWa (*02 41ass) $u 750 Other: I_ Iwcn-k A ?F WOO - Persons dependent upon you for support: if . 1r ,,.,a? N lr:? ame: C1fYI ?P_l.P Children, if any: Name:. Lau &C=WRZ Age Name: V_.Phe ah A6-1 Age Other persons: Name: Relationship:- I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances that would permit me to pay the costs incurred herein. The verification for this Praecipe is attached hereto and is incorporated herein by reference. Page 5 SUZANNE SPENCER ABEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2008 - 5220 ALLEN DALE HOSTETTER, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 4xin i fill 17 1 eary 10 0 - Suzanne Spe cer Abel Dspw n W of the Treasury - kotemai Revenue SeMcs 20?' Form l 040. U.S. lndWWual Income Teat Return `_ Forth year Jan. i-pee. 31.2007, o tear tax year bepYHtq .2007. Label L Your first name and initial Last name (See A SUSanne S hbol insrctoons) E N a joint rehxri, spousds first Hams and initial Last rams use dw IRS L iatrel. M Home address (number and street). If you taus a P.O. boot see iraVuctiorns. Apt. no. You aMrat ether please Othwwise' print a 22 Mwt Street 6 A ytxar SSN(s) ? A or type. E City, town or post cake, wet, and a- code. of you low a foreign aadneae, see irabucriora. Checl ft a boot below will not I--.- Mount H611Z ftXjJW. 2A 17069 ---..10 Pr"Well rtlal change your talc orretard. Ebeftn Canepegn ? Chock here if you or your spouse if fitkag )oInly, wart $3 to go ID this fond lass kistruckns) ? Q You ? 8ooews 1 Single 4 Head of household (with quollf p person). (set ln*uctkm) If Filing Si AUS 2 ? Married filing )okrity (even N only one had income) the gudffft peraw Is a dtrld but not your deperdam, enter Check only 3 ? Married Mft separately. Enter spouses SSN above this dads rams tare. ? one boot and full, ame here. ? b ? Qudifyl V widow(9r) with deparldwd chid (See inekud5ons) Exemptions if more than far dependents, see instructions. Income AMM Foenys) VV-2 hulas. Abo aqa" Forma VV-28 and 1099-R N tax was wNhh.w. If you did not get a W-2, see instructions. Enclose, but do not attach, any payment. Also, please use Forth 1010-Y. IRS Use Only - Do not wr* or o"Is in era qua. , 20 096 No.13*W, your sodw serarriq? rwmbs? 167-S2-1187 Stow ft 90CM nwin gr nabs 6a ® Yourseff. H someone can claim you as a dependent, do not check boot 68 . . . . . . . . b ? Spouse ........................................ c 7 8a b 90 b 10 11 12 13 14 158 18a 17 1s 19 20a 21 Dependents: 1 First new Last nwne soew OepernderMs (3) DspendwWs relatiVou to )X a 8lizabeth Abel 06-72-543 a ter Wages, salaries, tips. etc. Attach Form(s) W-2. ........ .. . .. . . . . . . . Tax" interest. Attach Schedule 8 If required . . . . . . . . . . . . . . . Tex eeowno interest. Do not include on line Be ....... 18b Ordinary dividends. Attach Schedule B 9 required .. . . .. ... .. . . . . . ... . Qwffved dividends (see ktstrtxdions) ............ 19b Tenable refunds, credits, or offsets of state and local incometsow (see hisbttttlone) . . . . . Alkrnony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business income or (loss). Attach Schedule C or C-FZ ... . . . . . . . . . . . . . . . . Capital gain or (loss). Attach Schedule D N required. If not required, check here . . . ? ? Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . . . . . . . . IRA distributions . . . 15a b Taxable amount (see instructions) Pensions and annuities . . 160 b Taxable amount (see instructions) Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . . Farm income or (loss). Attach Schedule F . . . . . . . . . . . . . . . . . . . . . . . . . Unemployment compensation . . . . ...... . . . . . . . . . . . . . . . . . Social security benefits . . 120a I I b Taxable amount (see instructions) Other Income. List type and amount (see instructions) . ..... . ... . . . . . .. .. . B ox cbeddw 1 no e &W Ob No. of ANdrsn on tie who: • Nved WIM you 1 • Ad not We wNh due to dhroros you or sepovilm 0 (see motions) not amid abowt Q Add numbers on Nnss abaw ? 23 Educator expenses (see kistnectiona) ... .. ... 23 24 Certain business eagrertsaa of reservists, peruorrrtkip artlw, and fee-basis government officials. Attach Forth 2106 or 2106-EZ . 24 AdJU8%d 25 Health savings account deduction. Attach Form 8889 . . . . . 2s Gross 28 Moving w9enses. Attain Form 3903 . . . . . . . . . . . 28 Income 27 One-half of self-employment tax. Attach Schedule SE . . . . 27 28 Self-employed SEP, SIMPLE, and qual W plans . . . . . . . 28 29 Self-employed 1 *90 insurance deduction (see instructions) . . 29 30 Penalty on earty withdrawal of savings .. . . .. . .... . 30 318 Alimony paid b Recipient's SSN ? 31a 32 IRA deduction (see Instructions) . . .... ... . ... 32 33 Student low interest deduction (see instructions) .. . .. . 33 2,316. 34 Tuition and foes deduction. Attach Form 8917 . . . . . . . . 34 35 Domestic production activities deduction. Attach Form 8903. . 35 35 Add lines 23 through 31 a and 32 through 35 . . . . . . . . . . . . . . . . . . . . . . . 36 2,316. 37 Subtract Ine 36 from line 22. This is bwoms . . . . . ? 37 5,287. For Dbckw ue, Privacy Act, and Paperwork Reduedon Act Notice, see lommu6Uons. Form 1 040 (2007) UYA Fonn 1040(20M Susanne S Abel Tax 38 Amount from be 37 (atiinted gross income) and 398 Check ? You were barn before January 2, 1943, ? Bind. Total baaoa Q Credits if. ? Spouse was born before January 2,1943, ? Bind. elteeked ? 39 tlfarl?rd b a your spa,w Itralses on • sspsrsls rMm a ra+ ww a duYiutls sun sa irlsYueeoru and eneac two ? 39b ? Deduction 40 itemized deductions (from Schedule A) or your standard deduidlon (sae left margin). . . . . for - 41 Subtrad ins 40 from In8 38 .. .... .... ... .... .... .... .. . . . . . . POO& *ho , 42 H One 38 is $117,300 or less, nxilpy $3.400 by the teal number of our pftu chinned on line M ally bar on iris 6d. If line 38 is over $117,300, see the worksheet in inaMuctioris .. . . . . . . . . . . . . . . wh or nb or who can be 43 Tax" Income. Subtract fine 42 from fire 41. If One 42 is more than line 41, star -0- . claimed • a " 41 44 Tax (am irwnic Dons). Chock If any taxis from: s []Form(s) 8814 b ? Form 4972 c ? Form(s) 8889 10 1 see inw. 46 Altwnotlve nNnbnum tax (see Iistru cftle). Attach Form 6251 . . . . . . . . . . . . . . . . • Ali others: 46 Add Ones 44 and 45 . . . . . . . . . . ........ ....... .. . . . . . . . . ? or 47 Credit for child and dependent care a penses. Attach Form 2441 . 47 Married ftinp 48 Credit for the elderly or the disabled. Attach Schedule R . . . . . 48 alms"' 15,350 49 Education credits. Attach Form 8863 . ..... .... .. 49 ((iirg 50 Residential energy credits. Attach Form 5695 .... ...... 00 )may or 51 Foreign tax credit. Attach Form 1116 if requited . . . . . . . .. 51 OUK"V wild 001 62 Chid tax o edit (sae instructions). Attach Form 8901 N requited. . 52 $10,700 63 Re&enw# savings contributions credit. Attach Form 8880 .. .. 63 Heed of 54 Credits from: a ? Form MN b ? Form OM e [] Form 8839 64 houssh*. $7,850 (a Otbr cre6ts: a ? Form 3800 b ? Form 8801 c ? Form 55 56 Add tines 47 through 55. These are your total credo . . . . . . . . . . . . . . . . . . . . Other 69 reported social security and Medicare tax from: a ? Form 4137 b El Form 8919 . , Taxes W Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 N required . . . . 61 Advance earned Income credit payments from Form(s) W-2, box 9 . . . . . . . . . . . . . . . 62 Household employment taxes. Attach Schedule H .. ... ... . . . . . . . . . . . .. . . PaytllentS 64 Federal income tax "Weld from Forms W-2 and 1099 .... . 86 2007 estimated tax payments aid amount applied from 2008 return . . . 9 you how a 668 Earned irroorrie cradle (6c) . . . . . . . . . . . . . . . . . . . child ab Nontaxable combat pay election ? 196b Schs67 Excess social security and tier 1 RRTA tax "Widd (am instr.) . . Additional chid tax credit. Attach Form 8812. . . .. . . . . . . 69 Amount paid with request for extension to tie (am Iiatrucftw) , . 70 Payments from: a[:] Form 2439 b ? Form 4136 C ? Form 6688 . . 71 Refundable credt for prior year minimum tax from Form 8901, line 27 , 73 If iris 72 is more than One 63, subtract One 63 from line 72. This Is the amount you overpaid Refund Direct deposit? 748 Amount of fine 73 you want refunded to you. If Form 8688 is attached, check here ? ? Sea in clons 0, b Routing number ?? ? c Type: F-1 Checking C1 Sarinps and Insbu 74c, and 74d. ? d Account number Amount 76 Amount you awe. Subtract Brie 72 from One 63. For details on how to pay, see insbuc0ons ? You 0WG 77 Estimated tax oww*v rose Iiatrucrioris) ............. 1 77 1 _ro_j 11 its pap 2 7 Third Patty Do you want to allow another person to discuss this febm, with the IRS (see instructions)? LJ Yes. Complete the folowlg. U No Designee Daipnews Phone Personal identficaft 't! name ? no. ? nunber (PIN) ? undw Preleee or PaF+y. I dedam err I new axWnhW No rim and accomprrAM sehedrlsa are sWrnras. and b On bat d my lorowleklpe end 9n trlisf, cry are true. oonaCt and o[enplale. DOGareson of preprer (~Mon toggery N bead an all kforr ubw d wt kn pr'§Mw ire WW- dpe. Here Jolt rahlrn? Ito "AA AAA17.'d Your ocotwation Daytime phone ntmnbw See inetruclOns attoxmAky 11J?Md dffl M Keep a COPY V Spout rt retum, botli must au 4?k sign. Data Spaad's occupation fbr YOM r+ecOrds. Proprer's Date Check if Preparers SSN or PTf4 Paid slgrrture ' wife mooyed Ptreparees Use On Firm's name (or , Ph Your B Phone no. UYA Forth J OW (2007) SCMEDME C Profit or Loss From Business OW x,.15' &OU4 (Form 1040) (sob Prop"WOW 2007 ? perbwrehips, joW ventures, stc., must fide Fom1 19A6 or 1006-8 NW&MM Oww"" Of p, ,,.fts? ? Mfach to Form 1040,104OWt or 1941. ? See InslitnCNow for Schedule C (Form 1M0 SeQuenos W. 09 Name or prop 6dw social aegetty n eaber (W4 Susaunm S Abel 167-52-1197 A Prix,9p6t business or profession, kxkx ig product or service (see the instructions) s Enter soda two instruction atto at law PO. 00 C Business name. If no separate business nerve, leave blank. D EelpioW 0 number (fait), 0 any E Business address (including suite or roan no.) ? 22 Bast Sts"Nt;, #6 Wm or post ooffice, staft and ZIP cote Mount 8011 PA 17065 - C11% F Accounting mthod: (1) Cash ( Accrual (3) OOner (epsclM ? O Did you'malefla0y partidpale" In the operation of this business during 2007? If "NO." see Instructions for Nnnit on losses ..... 31 Yea _ NO 1 Gross receipts or ides. Caution. If ttas income was reported to you on Form W-2 and the "Statutory employee' boot on that fpm was checked, see instructions and check here . . . . . . . . . . . ? 0 1 2 Retums and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Subtract Ilene 2 from fine 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Cost of goods add (from fine 42 on page 2) . . . . . . . .. .... .. . ... . . . . . . . . . . . 4 5 Gross proft Subtract line 4 from time 3 . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . S 6 OOrer income, mcluding federal and state gasoline or fuel tax credit or refund (am Instructions) . . . . .. . 6 8 Advertising ....... . . . 9 Car and truck expenses (see i 10 nstructions) . . . . . . . . . Commissions and fees . . . . 11 Cptrac labor (see instructions) 12 Depletion .. . . . . . . . . . 13 Depredation and section 179 asperse deduction (not Included in Part III) (see i b di 14 ons) .. . . . . . . . . ns u Ertpbyee benefit program (other than on line 19) . . . . . 15 Insurance (ottw than health) . . 16 Interest: a Mortgage (paid to banks, etc.) , b Other ...... . .. . . . . 17 Legal and prafeesidnal tour norneoniv on line 3u 1s 19 Pension and profit-sharing plane 20 Rent or lease (see Ww1 ucons): a Vehicles, machinery," equipment. b Other business property . . . . . 21 Repass and maintenance . . . . 22 Supplies (rat included in Part 110 . . 23 Tares and licenses . . . . . . . 24 Trace(, meals, and enlartainrywt a Travel .. . . .. ...... . b Deductible meals and erntt xnen (see instructions) 25 Utilities . . .. . . .. . . . . . 26 Wages (less empioyment credits) . . 27 Other a pen>ses (from line 48 on page 2) . . . . . . . . . . . . 28 Total expenses before spennses for trimness use of home. Add Ones 8 through 27 In columns . . . . . ? 29 Tentative profit (loss). Subbad line 28 from line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 -4,002. 30 Eapens85 for business use of your home. Attach Form 8!129 . . . . . . . . . . . . . . . . . . . . . . . . 30 31 Net proN or (loss). Subtract One 30 from line 29. • if a profit, enter on Form 1040, One 12, and Schedule SE, Una 2 or on Form 1040K One ill (statutory employees, we instructions). Estates and trusts, ender on Fpm 1041, tale 3. 31 -4,002. • If a loss, you must go to lire 32. 32 If you havo a loss, dneck the box that describes your Investment in this activity (see kntructions). • If you dretiked 32a, enter the loss on bath Form 1040, Iles 12, and Schedule SE, Iha 2 or an 32a® AN Investment Is at risk. Form 104ON& ihs 13(stahrtory employees, see instructions). Estates and tuft, enter on Form 1041, 32b[I Some imestment is not line 3. at risk. • If you dredkad 32b, you nehst attach Form 6188. Your loss may be YrrhYed. For Papenwmk Reduction Act lw6r -, see instaructioma. Schedule C (Fork 1040) 2067 UYA Sobs" C (Form 1040) =7 SM4qAXWO 3 libel 167-52-1187 pap Z Coat of Goods Sold (see instructions) 33 Med)48) used to value doshg inventory. a ? Cost b ? Lower of cost or market c ? Other (alMCh eouplsnatlon) 34 Was two arty d" in determining quantities, costs. or uekudons between ape'*V and doskV kw* W H'Yn,' attach engenalion . .. .. ....... .. ... . . . . . .. . . . . . . . ? Yes ? No 36 Inventory at begkning of year. If different from last year's dosing krver", attach aptanation . . . . . . . L 35 36 Purdwes less cost of Berns wiltrdrawn for persanat use . . . .. . .. . . . . . . . . . . . . . . . . . 37 Cost of tabor. Do not include any amounts paid to yo rsetf .. .. . . .. . . . . . . . . . . . . . . . . 38 Materials and supplies . . . . . . . . . . . . . . . . . .... ... ... ... . . . . . . . . . . . 38 Osrer casts .............................................. 40 Add Ines 35 through 39 ..... . . . .. ... ........ ... ....... . ..... . . . 41 Inventory at end of year . . .. . . . . . . . . . . . .. .... ... ..... . . . . . . . . . . . ® (rfomwMon on Your Vehiicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out R you must file Form 4562. 43 When did you place your vetude in service for buskvsss purposes? (month, day, year) ? 01/01/2007 44 Of the total r vii of miles you drove your vehicle during 2007, enter the unrulier of moires you used your vehicle for a Buakuess 20000 b Commuting (see immictims) 100010 c Other 10000 46 Do you (or your spouse) tyre another vshide available for personal use? ...... . ... . .. . . . . . . . ... ? Yes ® No 46 Was your vehicle available for personal use during off-duty hours? .. ......... .. . . . . . . . . . . . . . ® Yes ? No 47a Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® Yes ? No n rya, MUWv"UMRMpI ,r v. u .. other Rip-. List below business expensenot included on lines 8-26 or line 3 Continuina Leaal Education Donations 6 Gifts Bank Fees Bookkeepina Loan Pants Transcripts, Subpoena 6 Notary Fees Dry Cleaning Referral Fees uvA Schedule C (Form 1010) 2007 SCHEDULE EIC (Form 10401? or 1040) Depwwm of rM TreaLry Yflllrrl RNItarRN StlrYiO! Nm**) strewn on re" Earned Income Credit e Qualifying Child Information ?1 Complete and attach to Form 1040A Or 1040 only f you have a qudlfyft chid. 01B No. 1546-W4 2007 S"mm No. 43 " m Your *a" eeewrgr MMaaM 1t"_Ge-11 Q7 -~ _ -- -- See the instructions for Form 1040A, lines 40a and 40b, or Form 1040, lines 66a and Before you biro: 66b, to make sure that (a) you can take the EIC and (b) you have a qualifying child. • If you take the EIC even though you are not eligible, you may not be allowed to take the credit for up to 10 years. See instructions for details. 1 • It will take us longer to process your return and issue your refund if you do not fill in all lines that apply i for each qualifying child. • Be sure the child's name on line 1 and social security number (SSN) on line 2 agree with the child's social security card. Otherwise, at the time we prooess your return, we may reduce or disalkyw your EIC. If the name or SSN on the child's social security card is not correct, call the Social Security Administration at 1-800-772-1213. Qualifying Child Infonnation Child! 1 Child 2 ' Fing rwm Lad mmm First nnne L" nww s name 1 Child If you have more than two qualifying children, you Elizabeth only have to list two to get the maximum credit. Abel 2 Child's SSN The child must have an SSN as defined on page 41 of the Form 1040A instructions or page 47 of the Form 1040 instructions unless the child was born and died in 2007. If your child was born and died in 2007 and did not have an SSN, enter "Died" on this line and attach a copy of the child's birth certificate. 206-725435 3 Child's year of birth Year 1 9 9 1 Yew _ - - _ If born after 1988, slip lines 4a If born after 1988, skip lines 4a and 4b; go to line S. and 4b; go to line S. 4 If the child was born before 1889- a Was the child under age 24 at the end of 2007 and a student? ? Yee. NO. Yes. No. Go to line S. Continue Go to line S. Continue b Was the child permanently and totally disabled during ElYes. n No. Yes. NO. any part of 2007? Continue The child is not a Continue The child is not a qualifying child. qualifying child. 5 Child's relationship to you (for example, son, daughter, grandchild, Daughter niece, nephew, fester child, etc.) 6 Number of months child lived with you in the United States during 2007 • If the child lived with you for more than half of 1_ months months 2007 but less than 7 months, enter "7." • If the child was ban or died in 2007 and your horse was the child's hone for the entire time he or not enter more than 12 months. Do not enter more than 12 months. she was alive during 2007, enter "12." You may also be able to take the additional child tax credit if your child (a) was under age 17 at the end of 2007, awl TIP (b) is a U.S. citizen or resident alien. For more details, see the instructions for line 41 of Form 1040A or lice 68 of Form 1040. For Papwwork Rsduedon Act Irotice, ass Forth 1046A Schoduie EIC (Forts 1046A or 1046) 2007 or 1040 kw&uettons. UYA I Release of Clain to Exemption For 1 January 2006) for Child of DIV1Ced Or Separated Parents tleprrrwn of tM Trosery I ? Attach to nonpatodiel kft"w RMrws suNOa Name parent irg ax Rebeft of Ch*n to EUMPOW for I ? r t - 1 agree not to claim an exemption for \ force tax year 2L. Web" Of Went: flooee not to claim an I agree not to claim an exemption for for the tax year(s) of custodial parent General Instructions Purpose of forth. If you are a custodial parent, you can use this form to release your claim to a dependency exemption for your child. The release of the dependency exemption will also release to the noncustodial parent the child tax credit and the additional child tax credit (if either applies). Complete this form (or a simbr statement containing the same information required by this form) and give it to the noncustodial parent who will claim the child's exemption. The noncustodial parent must attach this form or a similar statement to his or her tax return each year the exemption is claimed. You are the custodial parent if you had custody of the child for the greater part of the year. You are the noncustodial parent if you had custody for a shorter period of time or did not have custody at all. Exemption for a deperKhod child. A dependent is either a qualifying child or a qualifying relative. In most cases, a child of divorced or separated parents will qualify as a dependent of the custodial parent under the rules for a qualifying child. However, the noncustodial parent may be able to claim the child's exemption if the Special rule for children of divorced or separated parents on this page applies. For the definition of a qualifying child and a qualifying relative, see your tax return instruction booklet. Post-1884 decree or agreemerrt. If the divorce decree or separation agreement went into effect after 1984, the noncustodial parent can attach certain return each year exemwtion Is cialmed. Noncustodial parent's social ascurity number (SSN) ? Name(s) of child (or OMB No. 1545-0074 Attaohelent Sequence No. 115 9-2- a- 19 46 ,31-5& - t V? I I S1, A&k Mcertlption custodial parent's SSN Date for for future tax years, also complete Part 11. to exemption C.ulitodial parent's SSN Date pages from the decree or agreement instead of Form 8332. To be able to do this, the d"ree or agreement must state all three of the following. 1. The noncustodial parent can claim the child as a dependent without regard to any condition (such as payment of support). 2. The other parent will not claim the child as a dependent. 3. The years for which the claim is released. The noncustodial parent must attach all of the following pages from the decree or agreement. e Cover page (include the other parent's SSN on that page). e The pages that include all of the information identified in (1) through (3) above. e Signature page with the other parent's signature and date of agreement. The noncustodial parent must att8ch the required information even if it was filed with a return in an earlier year. Special rule for children of dhrorced or soparateed parents. A child is treated as a qualifying child or a qualifying relative of the noncustodial parent if all of the following apply. 1. The child received over half of his or her support for the year from one or both of the parents (see the Exception on this page). Public assistance payments, such as Temporary Assistance for Needy Families (TANF), are not support provided by the parents. 2. The child was in the custody of one or both of the parents for more than half of the year. 3. Either of the following applies. a. The custodial parent agrees not to claim the child's exemption by signing this form or a similar statement. If the decree or agreement went into effect after 1984, see Post-1984 decree or agreement on this page, b. A pre-1985 decree of divorce or separate maintenance or written separation agreement states that the noncustodial parent can claim the child as a dependent. But the noncustodial parent must provide at least $600 for the child's support during the year. This rule does not apply if the decree or agreement was changed after 1984 to say that the noncustodial parent cannot claim the child as a dependent. For this rule to apply, the parents must be one of the following. e Divorced or legally separated under a decree of divorce or separate maintenance. e Separated under a written separation agreement. e Living apart at all times during the last 6 months of the year. If this rule applies, and the other dependency tests in your tax return instruction booklet are also met, the noncustodial parent can claim the child's exemption. Exception, if the support of the child is determined under a multiple support agreement, this special rule does not apply and this form should not be used. For Paperwork Reduction Act Notice, see Hack of form. Cat. No. 13810F Form )= (fiev. 1-2006) m d ~ 3 C ? g ' S lL LL u d' N LL IL ,?7 C tS y_ $ QCp U J c a r Ip NS d ca V? _ 7 Ws y _ (L CO) ' Y B ? a LU 0 ? q q ?s Q a, m J w y o to CQ L a`? 'a; La t t CO) ?- ?L _ $ a c c> c? c c? c c c z 0. 0- H O - 8 N 8 ON K pp N N / A ?1 N ? W H H q M, q H r, OH q N N C! H H -q N l? H o f 9 N N O H q H oOO H H H j p H p i? O m O S O ao y ag S O O M O oo O aa Y N a°DO V O h O S m e?f IL ai h p? 0 Oi cl O H ? pp f9 1n M 1p N M l7 a0 GD N M oo H O H C H O A 01 M C H O H M a0 cO N h N b N CO V 0 it) 'C O N O h C H N O N {t{ip? w O ? H H H H ? H H H H n N N N Q% N H N H H H N H H H ?? N pppp N D Cl) m v 0 . O O N W) ao S S S O h m 0 0 C n r0 i w O m h N O C! C '7 m N O a r tcpp !? d? O t? O H G h G H M h Ol O O N C N H w l O f9 N I T H H H H H H H H O H ?' a/ N H M H H a0 N H } tN+ +n ' " O S O S O r- m O N O a W S O N O O - S - a0 * oa of c+) M S O H ? O H Ci H C N p H C O h O H N CC W C H o H P. Ol O H 0 N C H wi Oi C H 6 H d ., 14 3 / 9 Ln 0 K H 's O N N N H H H c+> M ao n 9 U*) v u) r? a v o m .? ? g ?v G Fi Ct' O ~ o ? qi N uti N 0 ci r- v V LC) 0 cn m c, o p cO it C? u?i tO O6 ? tO . ? N cli C15 C O H M H H H ? H p O p O 8 O N f p d O 6 yOj p p N p o N 8 8 8 ? °o °o m o °o S b co 7 a 0 0 .° o o pp rA O N pp N C H H M O "1 p H O H C H C H O H cD OH 1 M O H N H M M M H N NH NH N H ?. N N H H M O h 00 ? 0 0 O O S CD O V ap i t? Ol V O tp M r ?p 0 H 0 H 0 pap e7 aD co NO C H O H C H N P- Qi O O H 1 O H t? t0 h aO O H ? S N V f fV 01 C N N N n ? Tj ? 04 N M' H H i H H i N H H H at ? n n 4c0inlt Listing URRS D"HANK A Tram of Eva&nce https://www.netteller.com/orrstownthbMain.cfin Email Us Exit benk@home aiM Pay E-Statement Options *Accounts Order Checks ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Welcome to Orrstown Bank's Internet Banking We hope you enjoy this convenient service. If you have any questions, please do not hesitate to call our Customer Service Center at 1-888-ORRSTOWN or 717-530-3530. Welcome Suzanne Spencer Abell View: 5 1 10 1 20 1 50 1 100 1 ALL accounts per page Deposk Accounts ? .Account Balance: Status: IOLTA Trust Fund 500.00 Select option... General Account 227.50 Select option... Personal Account 225.05 Select option... Statsav 0001 0.01 Select option... Internet Bill Pay 10.00 Select option... Customer Summary Information 5 Deposit accounts with a total balance of 962.56 0 Loan accounts with a total balance of 0.00 You last accessed your bankphome account on Monday September 22, 2008 08:00:08 PM Eastern Time You have accessed bank home 190 tines since Oct 20, 2007 01:14:17 PM Reset this counter I 1 of 1 9/22/2008 9:14 PM V-Z) SUZANNE SPENCER ABEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALLEN DALE HOSTETTER, DEFENDANT 08-5220 CIVIL TERM ORDER OF COURT AND NOW, this 141-1 _day of October, 2008, IT IS ORDERED that plaintiff may proceed in forma pauperis. Zsuzanne Spencer Abel, Pro se P.O. Box 1161 /Carlisle, PA 17013 /Allen Hostetter 7 E. Lauman Street Mt. Holly Springs, PA 17065 ,/Court Administrator :sal eo?' ;z S? "'k ( L L Edgar B. Bayley, J. VJNVA-IAS,NN3d AlN(r 9c :l Wd £I 1} 30!-'4 SUZANNE SPENCER ABEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALLEN DALE HOSTETTER DEFENDANT 2008-5220 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 23, 2008 _ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gi&o 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 w-cl a/ ?row s VIfVAZ:S',NN3d kwo"J 9£ sI Wd c! 130 OR t,A4AVwll SUZANNE SPENCER ABEL, Plaintiff V. ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008-5220 CIVIL ACTION-LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY: ENTRY OF APPEARANCE Please enter my appearance on behalf of the above Defendant, Allen Dale Hostetter, in the above captioned matter. Date: j? - t `l - (s% t Hannah Herman-Snyder, Esq re GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ? (• Z Y"?> ?!? 5 ^¢ v f- .td's ? 4 i y ? ir.? '?-? ,..'. 4.+.-J ?.w.., Derek J. Cordier, Esquire 319 South Front Street Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW SUZANNE SPENCER ABEL, Plaintiff V. : Docket No. 2008-5220 ALLEN DALE HOSTETTER, Defendant CIVIL ACTION -LAW CUSTODY PREACIPE FOR ENTRY OF APPEARANCE AND NOW, this the 21st day of November, 2008, please enter the appearance of Derek J. Cordier, Esquire, as pro-bono attorney of record for the Plaintiff, Suzanne Spencer Abel, in the above captioned matter. Respectfully submitted by, Derek 319 South Front Street Harrisburg, PA 17104-1621 (717) 919-4002 ra v rn -P m NJ : C" co LLC 0 3 Z008 SUZANNE SPENCER ABEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ALLEN DALE HOSTETTER, NO. 2008-5220 Defendant IN CUSTODY COURT ORDER AND NOW, this C/' day of 2008, upon consideration of the attached Custody Conciliation Report, the following TEMPORARY Custody Order is entered: 1. The mother, Suzanne Spencer Abel, and the father, Allen Dale Hostetter, shall enjoy shared legal custody of Virginia Grace Hostetter born September 11, 2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On three out of four weekends from Saturday at 7:00 p.m. until Sunday at 7:00 p.m. B. On two evenings per week on Tuesday and Thursday unless agreed otherwise by the parties. The time shall be from 5:00 p.m. until 7:30 p.m. C. At such other times as agreed upon by the parties. 4. For the upcoming holidays, the schedule shall be as follows: A. On the Thanksgiving Holiday, the father have custody from 10:00 a.m. until 5:00 p.m. However, father will not have his normal Thursday evening on Thanksgiving Day. B. For the Christmas Holiday, father shall have custody on Christmas Day from noon until 9:00 p.m. Mother shall have Christmas Eve, with the understanding that the parties may work something out as far father having a short period of time on Christmas Eve. C. During the Hanukkah Festival, at least one of the father's evening visitations shall be suspended with the parties to communicate on which day that shall be. D. For the New Years holiday, the father shall have custody from noon until 8:00 p.m. on New Years Day with the mother having New Years Eve. Again, this provision anticipates the father will not have custody on that Thursday. 5. Neither party shall consume or be under the influence of alcohol or illegal drugs when they have custody of the minor child. 6. The parties and their attorneys shall meet again with the Custody Conciliator for a conference on January 22, 2008 at 8:30 a.m. 7. In the event there are any major issues that merit immediate attention for this custody situation, legal counsel for the parties may contact the Custody Conciliator directly to schedule a telephone conference with the Conciliator. The Conciliator may then submit to the Court a further recommended Order to address any issues. 8. It is noted that the minor child shall attend counseling and both parents are directed, as required, to sign any necessary release information or consent information to allow the counselor to proceed with providing appropriate services. BY THE COURT, cc: erek Cordier, Esquire Hannah Herman-Snyder, Esquire &es mat LCL I.V -1/08 ? F ' f , '?;>," r'.'t' ' ? . , i ?,? il,- ? ?. Cr ` ,? ?x t'?-. G SUZANNE SPENCER ABEL, Plaintiff vs. ALLEN DALE HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5220 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Virginia Grace Hostetter, born September 11, 2002 2. A Conciliation Conference was held on November 21, 2008, with the following individuals in attendance: The mother, ,Suzanne Spencer Abel, who appeared with her counsel, Derek Cordier, Esquire, and the father, Allen Dale Hostetter, with his counsel, Hannah Herman- Snyder, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: December 1, 2008 Hdbert X. G' oy, Esquire Custody C nciliator SUZANNE SPENCER ABEL, Plaintiff V. ALLEN DALE HOSTETTER, Defendant IN THE COU T OF COMMON PLEAS OF CUMBERLA D COUNTY, PENNSYLVANIA No. 2008-522 THE HONO BLE KEVIN A. HESS IN CUSTOD W AND NOW, comes Movant, Hannah Herman- nyder, Esquire, and respectfully represents the following in support of her Motion to Withdraw as Counsel in the above captioned custody matter: 1. Movant, Hannah Herman-Snyder, Esquire, Hanover Street, Carlisle, Cumberland County, an appearance and represented the captioned custody matter. Griffie & Associates, 200 North ennsylvania, has previously entered Allen Dale Hostetter, in the above 2. A custody conciliation was held on Novemb r 21, 2008 and a Temporary Order entered on December 4, 2008, with a follow p conciliation conference scheduled for January 22, 2008 at 8:30 a.m. 3. Irreconcilable differences have arisen Defendant, on or about December 16, 2008 counsel in his case. 4. The only matter pending in this matter is scheduled for January 22, 2008 at 8:30 a.m. Movant and Defendant, and requested Movant to withdraw as follow up conciliation conference 5. Movant believes and therefore avers that Defer dant intends to proceed on a pro se basis, and, for purposes of notice, Defendant' mailing address is 7 East Lauman Street, Mt. Holly Springs, PA 17065. 6. The Honorable Kevin A. Hess has been 7. Opposing counsel, Derek J. Cordier, F proposed withdrawal and he concurs in the WHEREFORE, Movant seeks leave of Court to above captioned matter. Respectfully in matters related to this case. has been contacted about the requested. as Defendant's counsel in the .?oKw Hannah Hermat -Snyder, I Movant Griffie and Associates 200 North Hanver Street Carlisle, PA 1 13 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing understand that false statements herein are made subject to 4904, relating to unsworn falsifications to authorities. document are true and correct. I the penalties of 18 Pa.C.S. Section DATE: ??- ,? - d? HANNAH SUZANNE SPENCER ABEL, Plaintiff V. ALLEN DALE HOSTETTER, Defendant IN THE COU T OF COMMON PLEAS OF CUMBERLA D COUNTY, PENNSYLVANIA No. 2008-52, THE HONG] IN CUSTOD TE OF I, Hannah Herman-Snyder, Esquire, hereby certify t 2008, cause a copy of Movant's Motion to Withdraw as 1 and opposing counsel, Derek J. Cordier, Esquire, by servin first-class mail, postage prepaid at the following addresses: DATE: r _)? - t `1- o't Derek J. Cordier, Esquir 319 South Front Street Harrisburg, PA 17104 Allen Dale Hostetter 7 East Lauman Street Mt. Holly Springs, PA 17, 200 Car (71' (801 KEVIN A. HESS Lt I did, the 1 -111?, day of December, iunsel to be served upon Defendant opposing counsel and Defendant by )65 K Herman-Snyder, E & ASSOCIATES -th Hanover Street , PA 17013 3-5551 7-5552 e? . _ i y sm? ?? w®r ?/ .... t {-• •??d w SUZANNE SPENCER ABEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008-5220 ALLEN DALE HOSTETTER, THE HONORABLE KEVIN A. HESS Defendant IN CUSTODY ORDER OF COURT AND NOW this i 9 ` day of December, 2008, upon consideration of the attached Motion to Withdraw as Counsel that is joined by Defendant and concurred in by opposing counsel, leave is hereby granted to Petitioner, Hannah Herman-Snyder, Esquire, to withdraw her appearance in the above captioned matter. Defendant shall proceed pro se until such time as another attorney enters an appearance on his behalf. By the Court, Cc: _Ra ah Herman-Snyder, Esquire .erek J. Cordier, Esquire *len Dale Hostetter A ,vu 0C :9 WV 61 310 BOR APR 212009( SUZANNE SPENCER ABEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW ALLEN DALE HOSTETTER, NO. 2008-5220 Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley COURT ORDER AND NOW, this /k day of April, 2009, upon consideration of the attached Custody Conciliation Report, this court's prior order dated December 4, 2008 is vacated and replaced with the following order: 1. The mother, Suzanne Spencer Abel, and the father, Allen Dale Hostetter, shall enjoy shared legal custody of Virginia Grace Hostetter born September 11, 2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On every weekend except for those eight weekends per year when father is on his call out work schedule from Saturday at 7:00 pm. until Sunday at 7:00 p.m. B. On two evenings per week on Tuesday and Thursday unless agreed otherwise by the parties with the time to be from 5:00 p.m. until 7:30 p.m. C. At such other times as agreed upon by the parties. 4. Each party shall be entitled to two weeks of vacation time with the minor child during the summer which shall be non-consecutive. The parties shall give each other at least ninety days notice as to when they intend to exercise vacation time. 5. The holiday schedule shall be handled as follows: A. For the Christmas Holiday, mother shall have custody on Christmas Eve through Christmas Day at noon with father to have custody from Christmas Day at noon until 9:00 p.m. B. Father shall always have custody on Martin Luther King Day in light of the fact that father is off work and it is a Monday. C. For New Years, mother shall have custody on New Years Eve through noon on New Years Day and father shall have custody on New Years Day from noon until 8:00 p.m. D. Mother shall always have custody of the minor child on the Jewish Holidays during at least the evening. E. Father shall have custody of the minor child on Easter Day from noon until 8:00 p.m. with mother having the minor child on that weekend from Saturday at 6:00 p.m. through noon on Sunday. F. Father shall have custody of the minor child on Memorial Day and July 4 in 2009 with mother having custody on Labor Day 2009. The parties shall alternate those three holidays in 2010 and thereafter. 6. Neither party shall consume or be under the influence of alcohol or illegal drugs when they have custody of the minor child. 7. Commencing October 2009 and assuming another custody conciliation conference is not scheduled as set forth below, father's weekends of custody with the minor child shall go through Monday morning with father delivering the child to school during the school year and when the child has school. If the child does not have school, father may maintain custody of the minor child until 6:00 p.m. on Monday. 8. In the event there are any issues that develop, either party may again request the custody conciliator to have another conciliation conference. BY THE Judge Edgar B. Bayley cc: ? e Spencer Abel, Esquire r. Allen Dale Hostetter 4 cl, LL LL - •w f - p? 1 c " w i 1 1 " SUZANNE SPENCER ABEL, Plaintiff vs. ALLEN DALE HOSTETTER, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5220 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Virginia Grace Hostetter, born September 11, 2002 2. A Conciliation Conference was held on April 17, 2009, with the following individuals in attendance: The mother, Suzanne Spencer Abel, and the father, Allen Dale Hostetter, who both appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: April ?a 2009 Hubert X. GilroY,, Esquire Custody Conc iator