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HomeMy WebLinkAbout08-7163KATHERINE HOSTETLER, and j : IN THE COURT OF COMMON PLEAS BRIAN HOSTETLER, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. OS- '7163 MISTY D. SUMMERS, IN CUSTODY JOSHUA E. SOLT, Defendants CUSTODY COMPLAINT Civil Term 1. Plaintiffs are Katherine Hostetler and Brian Hostetler, (hereinafter referred to as "Petitioners") who currently reside at 4350 Enola Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendants are Joshua E. Solt, (hereinafter referred to as "Father"), whose address is 261 Buttonwood Street; Fleming, Pennsylvania, 16835, and Misty D. Summers, (hereinafter referred to as "Mother"), whose address is 261 Buttonwood Street, Fleming, Pennsylvania, 16835. 3. Petitioner Brian Hostetler is the Maternal Step-Father of the following child and seeks a custody order regarding the following child: NAME OB/AGE ADDRESS Cayden Riley Solt 12/8/07 (1) 4350 Enola Road Newville, Pa. 17241 Defendants are the natural parents of the child. Maternal Step-grandfather, and his wife, Katherine Hostetler, currently have primary physical custody of the child pursuant to an agreement, which is attached hereto as Exhibit A, and stand in loco parentis to the child. During the past five t?e child has resided with 9 years, the following persons and at the following addresses: NAME Katherine Hostetler Brian Hostetler Shauna Conklin (16) Jonathan Conklin (14) Bryant Hostetler (15) ADDRESSES 4350 Enola Road Newville, Pa. 17013 DATES 11/3/08 - present 46 Misty Summers Joshua E. Solt Katherine Hostetler Brian Hostetler Shauna Conklin (16) Jonathan Conklin (14) Bryant Hostetler (15) Misty Summers Joshua E. Solt 261 Buttonwood St. 8/1/08 - 11/3/08 Fleming, Pa. 16825 4350 Enola Road May - July 2008 Newville, Pa. 17013 261 Buttonwood St. birth - May 08 Fleming, Pa. 16825 The mother of the child is Misty D. Summers. She currently resides at 261 Buttonwood Street, Fleming, Pennsylvania, 16835. She is not married. The father of the child is Joshua E. Solt. He currently resides at 261 Buttonwood Street, Fleming, Pennsylvania, 16835. He is not married. 4. The relationship of plaintiffs to the child is that of Maternal Step-father and his Wife. The plaintiff currently reside with the child, and their other children, Shauna Conklin (16), Jonathan Conklin (14), and Bryant Hostetler (15). 5. The relationship of defendants to the child is that of Natural Father and Natural Mother. 6. Plaintiffs have 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. Plaintiffs have information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: On November 3 2008, Mother and Father signed an voluntary agreement which provided that Plaintiffs would share in legal custody of the child Pursuant to that agreement Plaintiffs also have primary physical custody of the child Plaintiffs are request that the provisions of their agreement be confirmed in a court order so that they can provide medical care for the child and otherwise provide for the childs medical, and educational needs This request is in the best interest of the child because it ensures that the child will remain in a safe and stable environment. 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. Respectfully submitted, oate ia1'l/o8 do Adams, Esquire I. D. o.79465 17 South St. rlisle, 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:/ 2l t )D Date: 12// Q l therine AH?t?laintiff B n Hostetler, ?Plainnttiiiffff?? CL cl; 7A rn ?L KATHERINE HOSTETLER AND BRIAN HOSTETLER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND 2008-7163 MISTY D. SUMMERS AND JOSHUA E. SOLT IN CUSTODY DEFENDANT ORDER OF COURT , PENNSYLVANIA kCTION LAW AND NOW, Friday, December 12, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thur day, January 15, 2009 at 9:30 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 hear by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry f a temporary or permanent order. The court hereby directs the parties to furnish any and all exis ing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueline M. Custody C The Court of Common Pleas of Cumberland County is req ired 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 befor the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTO NEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO O TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGA HELP. Cumberland County Bar Association 32 South Bedford S eet Carlisle, Pennsylvania 7013 Telephone (717)2491 3166 6 10 '148 9 1 3-110 HE n C_ JAN 16 2009 KATHERINE HOSTETLER and : IN THE COURT OF COMMON PLEAS OF BRIAN HOSTETLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2008-7163 CIVIL ACTION - LAW MISTY D. SUMMERS and JOSHUA E. SOLT, : IN CUSTODY Defendants ORDER OF COURT AND NOW, this lMrday of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Maternal Step Grandparents, Katherine Hostetler and Brian Hostetler, and the parents, Misty D. Summers and Joshua E. Solt, shall have shared legal custody of Cayden Riley Solt, born December 8, 2007. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parties. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. The parents, Misty D. Summers and Joshua E. Solt, shall have primary physical custody of the child. 3. The Maternal Step Grandparents, Katherine Hostetler and Brian Hostetler shall have periods of partial physical custody every weekend from Friday to Sunday or Monday. The parties shall agree as to whether the child is to be returned on Sunday or Monday and at what time. 4. The Maternal Step Grandparents shall have such additional periods of physical custody as agreed by the parties. The Maternal Step Grandparents shall be responsible for all transportation. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc?:*ne Adams, Esquire, Counsel for Maternal Step Grandparents "'sty D. Summers, pro se Joshua E. Solt, pro se 261 Buttonwood Street Fleming, PA s rn Ica _ cis CL r „? ? r LL, CV KATHERINE HOSTETLER and : IN THE COURT OF COMMON PLEAS OF BRIAN HOSTETLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. MISTY D. SUMMERS and JOSHUA E. SOLT, Defendants PRIOR JUDGE: None : NO. 2008-7163 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Cayden Riley Solt DATE OF BIRTH CURRENTLY IN CUSTODY OF December 8, 2007 Mother and Father 2. A Conciliation Conference was held in this matter on January 15, 2009, with the following in attendance: The Maternal Step Grandfather and his wife, Katherine Hostetler and Brian Hostetler, with their counsel, Jane Adams, Esquire. Although served with notice, Mother, Misty D. Summers and Father, Joshua E. Solt, did not appear at the conference. 3. The Maternal Step Grandparents requested an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator