HomeMy WebLinkAbout09-0297CHERIE R. NOEL, IN THE COURT OF COMMON PLEAS
JEFFREY NOEL, and CUMBERLAND COUNTY, PENNSYLVANIA
SYLVIA WOULFE-NOEL,
Plaintiffs
NO. -?97 C)v;
V.
LUIS HERNANDEZ, CIVIL ACTION -LAW
Defendant CHILD CUSTODY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property, or other rights important to you, including
child custody, or child visitation.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes pdginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de
tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
CHERIE R. NOEL,
JEFFREY NOEL, and
SYLVIA WOULFE-NOEL,
Plaintiffs
V.
LUIS HERNANDEZ,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. DI - 024 7
CIVIL ACTION -LAW
CHILD CUSTODY
COMPLAINT FOR CHILD CUSTODY
AND NOW come the Plaintiffs, Cherie R. Noel, Jeffrey Noel, and Sylvia
Woulfe-Noel, by and through their attorney, Mark T. Silliker, Esquire, and respectfully
request this Honorable Court award them custody of the subject minor child and in
support thereto, avers the following:
1. Plaintiff, Cherie R. Noel is an adult individual currently residing at 35
Winding Hill Road, Etters, York County, Pennsylvania. 17319.
2. Plaintiffs, Jeffrey Noel and Sylvia Woulfe-Noel, husband and wife, are
adult individuals currently residing at 35 Winding Hill Road, Etters, York County,
Pennsylvania. 17319.
3. Defendant, Luis Hernandez is an adult individual residing at 114
Wyncote Court, Mechanicsburg, Cumberland County, Pennsylvania. 17055.
4. The subject child is Julian J. Hernandez born July 27, 2005.
5. The relationship of Plaintiff, Cherie R. Noel to the subject minor child
is that of natural mother.
6. The relationship of Plaintiff, Jeffrey Noel to the subject minor child is
that of natural maternal grandfather.
7. The relationship of Plaintiff, Sylvia Woulfe-Noel to the subject minor
child is that of maternal step-grandmother.
8. The relationship of the Defendant to the subject minor child is that of
natural father.
9. The minor child has resided at the following addresses, in the custody
of the following individuals:
a. From on or about December 15, 2008 to present, the
subject minor child resides at 35 Winding Hill Road, Etters, York County,
Pennsylvania in the care and custody of Mother, maternal Grandfather,
and maternal Step-Grandmother.
b. From January 15, 2008 to on or about December 15, 2008,
the subject minor child resided at 114 Wyncoate Court, Mechanicsburg,
Cumberland County, Pennsylvania in the care and custody of Father.
C. From May 2007 to on or about January 15, 2008, the
subject minor child resided with Father, maternal Grandfather, and
maternal Step-Grandmother at 35 Winding Hill Road, Etters, York
County, Pennsylvania.
d. From approximately November 2005 to May 2007, the
subject minor child resided at 506 East Elmwood Avenue, Mechanicsburg,
Cumberland County, Pennsylvania in the care and custody of Mother and
Father.
e. From August 2005 to approximately November 2005, the
subject minor child resided with Mother, Grandfather, and Step-
Grandmother at 35 Winding Hill Road, Etters, York County,
Pennsylvania.
f. From Birth to August 2005, the subject minor child resided
in Hapatcong, New Jersey in the care and custody of Mother and Father.
10. There have been no prior actions for custody of the subject minor
child in this or any other jurisdiction.
11. The Plaintiffs are not aware of the existence of any other individuals
who have any type of claim whatsoever regarding the custody of the subject minor child.
12. Plaintiffs, Jeffrey Noel and Sylvia Woulfe-Noel, as grandparents have
standing to bring this action pursuant to 23 Pa. C.S.A. 5312 and 23 Pa. C.S.A. 5313, in
that the subject minor child has resided with them for a period in excess of twelve months
and that during said period they have assumed the role and responsibilities of the child's
parents, providing for his physical, emotional, and social needs, and as such they have
stood in loco arentis with respect to said child.
13. Plaintiffs, Cherie R. Noel, Jeffrey Noel, and Sylvia Woulfe-Noel are
acting cooperatively in concert and feel that together they can provide a very good,
healthy, and wholesome home for the subject minor child.
14. Plaintiffs are concerned because Defendant has a history of sexual
harassment, and also has a history of being abusive towards others. Plaintiffs respectfully
feel that Defendant has not taken good care of the subject minor child. Indeed, there is
presently a safety plan in effect with the Cumberland County Department of Children and
Youth, the terms of which require that the subject minor child not be in the presence of
natural father, Defendant, Luis Hernandez.
15. The Plaintiffs believe and therefore aver that they are much better able
to meet the needs of the subject minor child than the Defendant.
16. The Plaintiffs believe and therefore aver that it is in the best interest of
the subject minor child that he be placed in their legal and physical custody.
WHEREFORE, Plaintiffs request this Honorable Court award them
custody of the subject minor child.
Date: I Z J I Zo 7
Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REINHOLD
Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Plaintiffs
AFFIDAVIT
I, Iv.V l ?U, reby certify that the aforegoing is 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. 4909 relating to
unworn falsifications to authorities.
Dated: I J
AFFIDAVIT
CJ'I ----? , hereby certify that the aforegoing is 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. 4909 relating to
unsworn falsifications to authorities.
Dated: f '? -3?agi?A I-
AFFIDAVIT
I hereby certify that the aforegoing is 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. 4909 relating to
unsworn falsifications to authorities.
Dated:
R
F
Z
i v
"mot
C7
1 e
T
?e?
CHERIE R. NOEL, JEFFREY NOEL, AND IN THE COURT OF COMMON PLEAS OF
SYLVIA WOULFE-NOEL
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LUIS HERNANDEZ
DEFENDANT
2009-297 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, January 29, 2009 , 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 Friday, March 06, 2009 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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: ls/ Hubert X. Gtiro 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
vw
CHERIE R. NOEL, : IN THE COURT OF COMMON PLEAS
JEFFREY NOEL, and : CUMBERLAND COUNTY, PENNSYLVANIA
SYLVIA WOULFE-NOEL,
Plaintiffs
V. NO. 09-297 Civil Term
LUIS HERNANDEZ, CIVIL ACTION -LAW
Defendant IN DIVORCE
PRAECIPE TO WITHDRAW PARTY TO A CUSTODY ACTION
TO THE PROTHONOTARY:
Please remove Plaintiff Sylvia Woulfe-Noel as a party to the above-captioned
matter. She does not desire to pursue custody herein.
Date: Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REINHOLD
Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Plaintiffs, Cherie R. Noel,
Jeffrey Noel, and Sylvia Woulfe-Noel
71
Ul
MAR t-0 2009
CHERIE R. NOEL, JEFFREY NOEL, and IN THE COURT OF COMMON PLEAS OF
SYLVIA WOULFE-NOEL, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. : CIVIL ACTION - LAW
LUIS HERNANDEZ, NO. 2009-297
Defendant IN CUSTODY
COURT ORDER
AND NOW, this Ik day of March, 2009, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that the following TEMPORARY custody order is
entered:
1. The mother, Cherie R. Noel, and the father, Luis Hernandez, shall enjoy shared legal
and shared physical custody of Julian J. Hernandez, born July 27, 2005.
2. Physical custody shall be handled as follows:
A. Father shall have custody of the minor child on every Sunday from 1:00 p.m.
when the father shall pick the child until Tuesday at 2:30 p.m. when the
mother shall pick up the child at father's residence.
B. Mother shall have custody from Tuesday at 2:30 p.m. through the following
Sunday subject, however, to the father having custody of the minor child
during the day of each weekday from 10:00 a.m. when father shall pick up the
minor child until 2:30 p.m. when the mother shall pick up the child at father's
residence. Mother shall have the child on the entire day for Saturday. It is
noted that the child may be enrolled in a play therapy program with other
children of a similar age on Thursday afternoons, and at father's option he
may take the child to that therapy for purposes of transportation or, in the
alternative, if father elects not to take the child then mother may transport the
child to that therapy.
V
3. The above custody schedule is temporaryin nature and maybe modified as the parties
agree. Absent an agreement, the above schedule shall control pending further order
of this Court.
4. Legal Counsel for the parties shall have a telephone conference call with the
Conciliator on Wednesday, April 22, 2009, at 8:00 a.m. At that time, the parties shall
review the situation and determine if the matter needs to be referred to the Court for
a hearing. In the event the case is referred to the Court for a hearing, the custody
schedule set forth above shall not be deemed to prejudice either party from advancing
a different position at the hearing.
4
cc: Z stm Reinhold, Esquire
Benjamin Andreozzi, Esquire
12 Fl S"
1
BY THE COURT,
Judge
1. i 1 RV I i Hvw fioVV
hvvi 301'44 ?`Q311j ?
CHERIE R. NOEL, JEFFREY NOEL, and IN THE COURT OF COMMON PLEAS OF
SYLVIA WOULFE-NOEL, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
LUIS HERNANDEZ,
Defendant
: CIVIL ACTION - LAW
: NO. 2009-297
:'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:
Julian J. Hernandez, born July 27, 2005.
2. A Conciliation Conference was held on March 6, 2009, with the following
individuals in attendance:
The mother, Cherie R. Noel, who appeared with her counsel, Kristin Reinhold,
Esquire, and the father, Luis Hernandez, with his counsel, Benjamin Andreozzi,
Esquire. Also present was the maternal grandfather, Jeffrey Noel, who was named
as a party but who will not be addressed for purposes of the attached order.
3. Based upon the recommendation of the Conciliator, the parties agree to the entry of
an Order in the form as attached.
Date: March ?-, 2009
-04VI
Hubert X. Gi oy, Esquire
Custody C ciliator
06 A
CHERIE R. NOEL, JEFFRE
SYLVIA WOULFE-NOEL,
VS.
LUIS HERNANDEZ,
Defendant
AND NOW, this I
Conciliation Report, it is ord,
terminated and replaced with
1. The mother,
custody of J
2. The Father
3
The Mother an
custody of the
the parties.
4.
In the event th
of time the Fa
Court to hay
conference.
NOEL and IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2009-297
IN CUSTODY
COURT ORDER
day of April, 2009, upon consideration of the attached Custody
;red and directed that the prior Custody Order entered in this case is
the following:
ie R. Noel, and the father, Luis Hernandez, shall enjoy shared legal
J. Hernandez, born July 27, 2005.
enjoy primary physical custody of the minor child.
d the Maternal Grandparents shall enjoy periods of temporary physical
minor at such times and under such circumstances as agreed upon by
Mother or the Maternal Grandparents are unsatisfied with the amount
ter affords them with the minor child, they may file a petition with the
this case again scheduled with the Custody Conciliator for a
BY THE COURT:
cc: 7enjamin k T. Silliker Esquire
Andreozzi Esquire J
M. L. Ebert, Jr., Judge
5
e
VINVAIASNIN3d
8 ! .g -Wt:. 6- Ada 8Z
WOKQ H.i:4jd :H. :10
CHERIE R. NOEI, JEFFREY NOEL and IN THE COURT OF COMMON PLEAS OF
SYLVIA WOULFE-NOEL, CUMBERLAND COUNTY, PENNSYLVANIA
Plainti s
vs.
LUIS HERNANDEZ,
Defendant
CIVIL ACTION - LAW
NO. 2009-297
IN CUSTODY
Prior Judge: The Honorable M. L. Ebert, Jr.
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The Conciliator cond cted a conference call with the attorneys for the parties, and, based
upon that call, the Conciliato recommends an Order in the form as attached.
Date: April 9 2009 zVX HEsquire
Ctor
LUIS J HERNANDEZ IN THE COURT OF COMMON PLEAS OF
94.4,„dc, CUMBERLAND COUNTY, PENNSYLVANIA
vs CIVIL ACTION
CHERIE R NOEL, JEFFREY NOEL PETITION TO RELOCATE
and SYLVIA WOULFE-NOEL NO. 2009-297 IN CUSTODY
p1R;n� f
You, Cherie R. Noel, are hereby notified that, I, Luis J Hernandez, propose to relocate with the
following minor child:
Julian J. Hernandez , Age 8
Currently residing at: 12 West Marble St. Mechanicsburg, PA 17055
to: 76 Lakeside Blvd. Hopatcong, NJ 07843 on January 1, 2014
1
Cherie R. Noel,
After careful consideration of several factors in the life of our son, Julian, my daughter, my wife,
and myself, I have concluded that it is in the best interest of all parties involved if we relocate to
the above stated address.
As you know, Julian's life has been more tragic and and eventful than any child should have to
bear. Between the complete lack of consistency in his life to his fears and disappointment in the
habitual departure of you out of his life due to your ongoing struggles with drugs, alcohol, and
incarceration as well as several other factors, it has become increasingly clear that a change in
environment could be the catalyst that we all need to ensure that Julian gets to a place mentally
where he is no longer burdened by the hurts and haunts of the past. I want you to understand,
however, that this is not an attack on you, as I realize that the best interests of julian are directly
intertwined with the success of you in your struggles. I also want you to understand that I have
no intentions of causing an increased burden on you or your recovery process. I only seek to
ensure the continued success of Julian and yourself. I've noticed, increasingly, that you are as
much a source of enabled mental distress as he is a severely enabling distraction to your
continued success as you, as well as Julian, can never really focus on your own personal
development and growth. The part that you don't see when you either relapse or worse is that
Julian acts out severely in school and at home and with his friends who have all noted a severe
negative impact on him and he starts to slip in his behavior in school and has been often heard
stating that he has a bad mom and that she doesn't love him in outbursts of frustration after a
relapse occurs. What had once helped with the discussing that it wasn't his fault and that you
love him very much and that you simply needed to fix things with yourself has since been far less
effective as he grows older. As such he has grown severely emotionally distraught and sensitive
of situations he perceives to be abandonment or disapproval or failure from either his friends, his
school work, and even in something as simple as in games. I had once hoped that progress
with you would go much smoother and that he would not have to really see or be affected by the
lack of consistency in a part of him he has needed for a long time. I have come to realize that in
my reluctance to ensure Julian was being raised in an environment that continues to reinforce
the good things in his life, I only enable his continued lack of emotional development despite my
greatest efforts. As a result of this and several other factors, the environment we live in has only
continued to become more hostile to the development of a proper family unit and system of while
he has a happy and positive spirit about him, will spiral down in the future into potentially
dangerous paths of self medication and inebriation to drown out the pain I inevitably detect in
him. How can a child be fully expected to perform at his best when under such unnatural
pressures at such a young age?
support and reinforcement that every member of my household seeks. My denial of this
fundamental right and desire is tantamount to domestic abuse; my continued denial of this and
continued appeasement of what you would want instead of what my family needs tantamount to
Stockholm's Syndrome.
One major factor in the choice of location is the desire for a strong support system and family
2
members around Julian and my family. Not only is almost the entirety of my family in New
Jersey but the entire family of my daughter and my wife's family are in New Jersey who have
proven to be significant sources of support and empowerment for all members involved. Julian
has often noted a desire to be around his cousins in New Jersey and his paternal family
members deserve to have a chance to get to know Julian better and to become stronger
sources of support for Julian's well being. This would enable a positive source of acceptance
and a continual source of reinforcement of family values and traditions. Your father and Sylvia
have been a source of support for Julian but I fear that this has become extremely difficult with
their recent relocation. Your mother has only proven to be a strong source of pain and
disappointment with her constant slanderous accusations or bad parenting and unfounded
reports of abuse to the Department of Children and Youth Services which have been a source of
confusion for Julian and my clearance status with government agencies who employ me not to
mention a threat(regardless of the unfounded nature)to my wife and our daughter who have
done nothing but provide the best possible nurturing environment for our son and treated him as
a son from the day she met him. My wife's (as well as my own) dedication to this family unit can
not be overstated.
Another factor in all of this is Julian's education. It is sad for me as a parent to watch as Julian's
teachers can tell when "he visits his mother" as he starts to act out and become a source of
disruption to the classroom which have been a significant concern for his teachers over the past
few years as the disruptions not only get in the way of his own education but the education of his
peers. While he has made strides in his coping mechanisms, he continues to show deeper
signs of emotional distress and scarring that cause him to become extremely attached to certain
friends and almost dangerously inconsolable when those friends jokingly tease or abandon him
as children often do. As such, this has been a source of concern for his teachers and
counselors who fear that he cries way too quickly over anything that may allude to him failing,
getting in trouble, or disapproval. I fear our son, if he continues to traverse this negative path,
Another factor for this relocation, one that can not be understated and while you may, right now,
find it slighting and perhaps belittling, while not intended, is to further facilitate the ongoing
development of both you and Julian so that you can eventually enjoy a better life right now and an
infinitely stronger relationship in the future. I have been often told by members of your family and
by my own observations that having Julian around you has been a constant source of distraction
for you and your recovery. Many, if not most, of your slip ups have been because you honestly
were not focusing your attention on recovery and self development but, instead, on when you
were going to see Julian next often resorting to self destructive behavior even at the expense of
Julian and his mental well being as he watches the tug of war between parents he loves. Julian
will still be there. It's up to his mom to determine whether she'll still be there and alive in a
positive sense for her son. I truly believe that you already know that Julian and I both love you
and that it is in both of our best interests to see you at a point of stability in your life where you
can contribute to your life and your son's life in the way I know you would like to. I simply have to
be a father and do the right thing for my family. I implore you to be the mom I know you are
capable of being and do the same for Julian. As such, I have no intentions of amending the
custody agreement as it stands and to continue to uphold the statutes indicated therein.
3
My father has graciously offered us his house at 76 Lakeside Blvd. which has laid unused for
several months so there will be plenty of space for Julian to enjoy a suburban lifestyle and
perhaps even a dog companion which he has always dreamed of as well as the company of
new friends from the Hopatcong Borough School District at Tulsa Trail Elementary School. As
mentioned earlier, all of this with the continued support and reinforcement of nearby family
members.
Again, this motion is not an indication of any intention to remove you from his life as this is
merely a legality in the process of moving. I sincerely hope that we can continue to work
amicably as we have always found a way to for the best interest of Julian and his future and his
continued success and growth into the man that I'm sure we both want to see him grow to be.
Regards,
Luis J. Hernandez
4
•
LUIS HERNANDEZ IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs CIVIL ACTION
CHERIE R NOEL, JEFFREY NOEL PETITION TO RELOCATE
and SYLVIA WOULFE-NOEL NO. 2009-297 IN CUSTODY
COURT ORDER
AND NOW, this day of , 2013, upon consideration of the original
Custody Order, it is ordered that that the father, Luis J Hernandez be granted permission to
relocate with Julian J Hernandez, age 8, to the state of New Jersey. It is ordered that the prior
Custody Order entered in this case is terminated and replaced with the following:
1. The mother, Cherie R Noel, and the father , Luis Hernandez, shall enjoy shared legal
custody, of Julian J. Hernandez, born July 27, 2005.
2. The father shall enjoy primary physical custody of the minor child.
3 The mother and the maternal Grandparents, Jeffrey Noel and Sylvia Woulfe-Noel, shall
enjoy periods of temporary physical custody of the minor at such times and under such
circumstances as agreed upon by the parties.
4. In the event the Mother or the maternal grandparents are unsatisfied with the amount of
time the father affords them with the minor child, they may file a petition with the court to
have this case again scheduled for a conference.
BY THE COURT:
7
COUNTER-AFFIDAVIT REGARDING RELOCATION
LUIS J HERNANDEZ IN THE COURT OF COMMON PLEAS OF
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs CIVIL ACTION
CHERIE R NOEL, JEFFREY NOEL PETITION TO RELOCATE
and SYLVIA WOULFE-NOEL NO. 2009-297 IN CUSTODY
defendants
This proposal of relocation involves the following child:
Julian J Hernandez Age 8 Currently residing at:
12 West Marble st
Mechanicsburg PA, 17055
I , have received a notice of proposed relocation and
1. ... I do not object to the relocation and I do not object to the modification of the custody order
consistent with the proposal for revised custody schedule as attached to the notice.
2. ... I do not object to the relocation, but I do object to modification of the custody order, and I
request that a hearing be scheduled:
a. ... Prior to allowing (name of child/children)to relocate.
b. ... After the child/children relocate.
3. ... I do object to the relocation and I do object to the modification of the custody order, and I
further request that a hearing be held on both matters prior to the relocation taking place.
5
I understand that in addition to checking (2) or(3) above, I must also file this notice with the court
in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so
within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from
objecting to the relocation.
I verify that the statements made in this counter-affidavit 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:
x
6
ats Ic._ k. hatJ -Safrel N°Q( Ii .
,
6,A 1 5■1 1%1 .3..,
p I o.:Alf:4
N.
'Is
-0 Z L.-.., .0_,
rfl CC .7.r.!.
(Af. 1.1 LA' CD rn-fl
co
R.) •-7 r '
>c—, —0 ,:•27-:r'
g ig.e ( '..Sz-krey 4.e.Id
di,,,,4 couir4 r
-ci ' Ciktn'e )
Sent<Qt ptti-1,,,, 40 fe,locork
tj )i-ct- ti D n 0/01/2013
A A di 5y l' ,.ck P'
U.S. Postal Service T.
CERTIFIED MAILTM RECEIPT U.S. postal Service TM
fr CERTIFIED MAILTM RECEIPT .
IT (Domestic Mail Only;No Insurance Coverage Provided)
IT' For delivery information visit our website at www.usps.com®1.11
SA401101i4t:0001495 "' 0-1.0 (Domestic Mail Only;N o.1tnosuurrwa enbcseiteCaotv wwwerag me sPprso:oi mded)
Er For delivery information visit ,,,..
Lrl HARRISSURG PA Vitta
r-i A---, x,.....r,...._
r- Postage $ $2.24 0 41 55 1 *G,,,„,
.o,4C's r-
'-`' r- tillragart
Postage
Certified Fee $3.10 v) 1,-
14
z 0 1 Oil ,i'44
_
Certified Fee 0 1S
CD Return Receipt Fee I Z
co (Endorsement Required) $2.55 U Ndt7,311013 -'s ,
/ rl
at . .1111121"1111112
to ri Fteturn Receipt.Fee
Restricted Delivery Fee CI (Endorsement Requi red) v Post 7 III
(Endorsement Required) $0.00 .1 AM
in
ai
Total Postage&Fees $ $7.89 Hp in
Restricted Dar eryirFeee
$0.00
(Endorsement equ 0)
. ..• —......,_,,
-05-0..., J
IMES 11
Total Postag &Fees
Sent To
rU rn ,
ri , 3---- if-c v-- 54-iv,- iv„,_i
GI Street,Apt.No.; rU
N or PO Box No. 5.2 7 Iv ea14.4<-1.....,..4..p,..a..e, .
City,State,ZIP+4
r- - - ----------------
i-' or PO Box No. 3 --------------....................
.............2115+4 61 1 3 1 1 0
PS Form 3800,August 2006 See Reverse for Instluctions I-10,r r,S•
See Reverse for Instructions
PS Form 3600.August 2006
Track and Confirm Intranet Page 1 of 2
Help
Product Tracking System
UNITED BERME
POSTAL SERVICE 16
Home Search Reports Manual Entry Rates/ PTS/EDW USPS Corporate November 14,2013
Commitments Accounts
Track & Confirm Intranet Tracking Number Result
Result for Domestic Tracking Number 7012 3460 0001 5717 5999
Destination and Origin /()Cei-
ZIP Destination Code City State
31405 SAVANNAH GA
Origin l
(� i
ZIP Code City State
172019998 CHAMBERSBURG PA �V ,�^��/""—b •/ (f l
Tracking Number Classification
Class/Service
Class/Service: First-Class Certified Mail
Class of Mail Code/Description: FC/First Class
Service Delivery Information
Service Performance Date: Scheduled Delivery Date: 11/04/2013
Delivery Option Indicator: 1 -Normal Delivery
Zone: 05
PO Box: N
Other Information Service Calculation Information
Payment
Payment Type: Other Postage
Payment Account Number: 000000000000
Postage: $2.24
Weight: 0 lb(s)4 oz(s)
Rate Indicator: SINGLE PIECE-PARCEL
Extra Services
Extra Services Details
Description Amount
Certified Mail $3.10
Return Receipt $2.55
Events
Event Event Input Scanner Carrier
Event Date Time Location Method ID Route Other Information
DELIVERY STATUS NOT SAVANNAH,GA System
UPDATED 11/04/2013 23:20 31405 Generated Request Delivery Record
I
OUT FOR DELIVERY 11/04/2013 09:20 SAVANNAH,GA System
31405 Generated
SORTING/PROCESSING 11/04/2013 09:10 SAVANNAH,GA System Distribution Complete Label ID:DC13 5498
COMPLETE 31405 Generated 6000 1311 0408 1638
SAVANNAH,GA Scanned
ARRIVAL AT UNIT 11/04/2013 07:52 31405 Scanned 030SHE7542 by route
11111111
ENROUTE/PROCESSED 11/03/2013 00:09 JACKSONVILLE,FL Scanned PSM-3-
32099
https://pts.usps.gov/pts2-web/tcIntranetTrackingNumResponse?label=7012346000015 71... 11/14/2013
Track and Confirm Intranet Page 2 of 2
Event Event Input Scanner Carrier
Event Date Time Location Method ID Route Other Information
DISPATCHED FROM 11/02/2013 04:49 HARRISBURG,PA System Dispatch Label ID:DS14 4123 9333 1311
SORT FACILITY 17107 Generated 0203 5812
ENROUTE/PROCESSED 11/01/2013 20:50 HARRISBURG,PA Scanned APPS-052-
17107
DISPATCHED TO SORT 11/01/2013 17:07 CHAMBERSBURG, System Closeout Label ID:GT13 5760 0000 1311
FACILITY PA 17201 Generated 0116 2807
ACCEPT OR PICKUP 11/01/2013 14:25 CHAMBERSBURG, Scanned POS
PA 17201 Facility Finance Number:411280
Enter up to 10 items separated by commas. •
•
Select Search Type: Quick Search Q Submit
Product Tracking System,All Rights Reserved
Version:1.6.1.1
https://pts.usps.gov/pts2-web/tcIntranetTrackingNumResponse?label=7012346000015 71... 11/14/2013
Track and Confirm Intranet Page 1 of 2
Help
UNITEDTES
Product Tracking System
rl�PVSrat SERVtCEA
Home Search Reports Manual Entry Rates/ PTS/EDW USPS Corporate November 14,2013
Commitments Accounts
Track & Confirm Intranet Tracking Number Result
Result for Domestic Tracking Number 7012 3460 0001 5717 5982
Destination and Origin
Destination
ZIP Code City State
17110 HARRISBURG PA
Origin
ZIP Code City State
172019998 CHAMBERSBURG PA
Tracking Number Classification
Class/Service
Class/Service: First-Class Certified Mail
Class of Mail Code/Description: FC/First Class
Service Delivery Information
Service Performance Date: Scheduled Delivery Date:11/02/2013
Delivery Option Indicator: 1 -Normal Delivery
Zone: 01
PO Box: N
Other Information Service Calculation Information
Payment
Payment Type: Other Postage
Payment Account Number: 000000000000
Postage: $2.24
Weight: 0 lb(s)4 oz(s)
Rate Indicator: SINGLE PIECE-PARCEL
Extra Services
Extra Services Details
Description Amount
Certified Mail $3.10
Return Receipt $2.55
Events
Event Event Input Scanner Carrier
Event Date Time Method ID Route Other Information
Location
View Delivery Signature
HARRISBURG,PA Scanned and Address
DELIVERED 11/04/2013 13:23 17110 Scanned 030SHEU892 by route Facility Finance Number:413495
R008 p
Request Delivery Record
J
DELIVERY STATUS NOT 11/03/2013 00:27 HARRISBURG,PA System
UPDATED 17110 Generated
OUT FOR DELIVERY 11/02/2013 10:27 HARRISBURG,PA System
17110 Generated
https://pts.usps.gov/pts2-web/tcIntranetTrackingNumResponse?label=701234600001571... 11/14/2013
Track and Confirm Intranet Page 2 of 2
Event Event Input Scanner Carrier
Event Date Time Method ID Route Other Information
Location
SORTING/PROCESSING 11/02/2013 10:17 HARRISBURG,PA System Distribution Complete Label ID:DC13 8555
COMPLETE 17110 Generated 8000 1311 0209 3005
HARRISBURG,PA Scanned
ARRIVAL AT UNIT 11/02/2013 05:49 17110 Scanned 030SHCL718 by route
99999999
DISPATCHED FROM 11/02/2013 04:49 HARRISBURG,PA System Dispatch Label ID:DS14 4123 9333 1311
SORT FACILITY 17107 Generated 0203 5812
ENROUTE/PROCESSED 11/02/2013 01:52 H17107 ARRISBURG,PA Scanned APPS-052-
ENROUTE/PROCESSED 11/01/2013 20:55 HARRISBURG,PA Scanned APPS-052-
17107
ENROUTE/PROCESSED 11/01/2013 20:53 HARRISBURG,PA Scanned APPS-052-
17107
DISPATCHED TO SORT 11/01/2013 17:07 CHAMBERSBURG, System Closeout Label ID:CT13 5760 0000 1311
FACILITY PA 17201 Generated 0116 2807
ACCEPT OR PICKUP 11/01/2013 14:26 CHAMBERSBURG, Scanned POS
PA 17201 Facility Finance Number:411280
Enter up to 10 items separated by commas. •
Select Search Type: Quick Search El [ Submit
Product Tracking System,All Rights Reserved
Version:1.6.1.1
https://pts.usps.gov/pts2-web/tcIntranetTrackingNumResponse?label=7012346000015 71... 11/14/2013
Track and Confirm Intranet _ Page 1 of 1
Help
Product Tracking System u » T
Posret SERVICE.
Home Search Reports Manual Entry Rates/ PTS I EDW USPS Corporate November 14,2013
Commitments Accounts
Track & Confirm Intranet
Delivery Signature and Address
Tracking Number:7012 3460 0001 5717 5982
This item was delivered on 11/04/2013 at 13:23:00
<Return to Tracking Number View
— — •.
Signature `,
. 1101111111.111111111111.111111.1.111.11/111..11.11111111/1.1111/"1111111M11".11.1111111.1111116. 7..
d
c2)014) A rnyy ..
. ,.
.:
•
_...f('J Y Ili L -I C i . ....,.'...:L..'.5.. •%wok -
c.1
Address / t ti . } �
..........Yor 4 • ., •all.......tiva .
v.„„.......... .:P_
Enter up to 10 items separated by commas. •
Select Search Type: Quick Search 0, Submit
Product Tracking System,All Rights Reserved
Version:1.6.1.1
https://pts.usps.gov/pts2-web/tcIntranetTrackingNumResponse/deliverySignatureAndAd... 11/14/2013
COUNTER-AFFIDAVIT REGARDING RELOCATION
LUIS J HERNANDEZ IN THE COURT OF COMMON PLEAS OF
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ca
vs CIVIL ACTION map - r }:r
rn CD
r
cn -
CHERIE R NOEL, JEFFREY NOEL PETITION TO RELOCATE -t N c
and SYLVIA WOULFE-NOEL NO. 2009-297 IN CUSTODY x� ,-
defendants ?c F=' `
A
i
This proposal of relocation involves the following child:
Julian J Hernandez Age 8 Currently residing at:
12 West Marble st
Mechanicsburg PA, 17055
I , (. $ have received a notice of proposed relocation and
1. ... I do not object to the relocation and I do not object to the modification of the custody order
consistent with the proposal for revised custody schedule as attached to the notice.
2. ... I do not object to the relocation, but I do object to modification of the custody order, and I
request that a hearing be scheduled:
a. ... Prior to allowing (name of child/children)to relocate.
b. ... After the child/children relocate.
3.��. I do object to the relocation and I do object to the modification of the custody order, and I
further requ t that a hearing be eld o both matters prior to the relocation taking place.
5
I understand that in addition to checking (2)or(3) above, I must also file this notice with the court
in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so
within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from
objecting to the relocation.
I verify that the statements made in this counter-affidavit 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: 11 / ZC' / (�
6
CHERIE NOEL, IN THE COURT OF COMMON PLEAS OF
JEFFREY NOEL AND SYLVIA CUMBERLAND COUNTY, PENNSYLVANIA
WOULFE-NOEL,
PLAINTIFFS
V.
LUIS HERNANDEZ,
DEFENDANT NO. 09-297 CIVIL
ORDER OF COURT
AND NOW, this 22nd day of November, 2013, upon consideration of Luis
Hernandez's Pro Se Petition to Relocate;
IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule shall issue upon Cherie R. Noel, Jeffrey Noel and Sylvia Woulfe-Noel to
show cause why Luis Hernandez should not be allowed to relocate.
2. The named parties shall file an Answer on or before December 20, 2013.
3. A hearing on the matter will be held on Thursday, February 6, 2014, at 2:00
p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
�x�,
M. L. Ebert, Jr., J.
✓Cherie Noel
/Jeffrey Noel
✓Sylvia Woulfe-Noel ,
Plaintiffs
y
✓ Luis Hernandez � m
Defendant CD
bas l '�
CMJe.'Z IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
Vs No. �DO —Z �-! CIVIL TERM
L.�1e1"i @, •
Nnd CIVIL ACTION - LAW
Defendant IN CUSTODY
(t� CRIMINAL RECORD /ABUSE HISTORY VERIFICATION
/� , hereby swear or affirm, subject to penalties of
law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to a crime below, neither I nor any other
member of my household have been convicted or pled guilty or pled no contest or was
adjudicated delinquent where the record is publicly available pursuant to the Juvenile
Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially
equivalent crime in any other jurisdiction, including pending charges:
Check Crime Self Other Date of Sentence
all that household conviction,
apply member guilty plea, no
contest plea or
pending charges
r 18 Pa.C.S. Ch. 25 r
(relating to criminal
homicide
F 18 Pa.C.S. §2702 F7 F
(relating to aggravated
assault)
T1 C� -
18 Pa.C.S. §2706
x
(relating to terroristic CTI — S
threats
18 Pa.C.S. §2709.1 F711 77
i
(relating to stalking)
18 Pa.C.S. §2901 F7 F
(relating to kidnapping)
7 18 Pa.C.S. §2902 77 77
(relating to unlawful
restraint
18 Pa.C.S. §2903
(relating to false
imprisonment)
77 18 Pa.C.S. §2910
(relating to luring a
child into a motor
vehicle or structure)
18 Pa.C.S. §3121 r F—
(relating to rape)
18 Pa.C.S. §3122.1
relating to statutory
sexual assault)
18 Pa.C.S. §3123 r
(relating to involuntary
deviate sexual
intercourse)
18 Pa.C.S. §3124.1
(relating to sexual
assault
18 Pa.C.S. §3125 r #-
(relating to aggravated
indecent assault)
18 Pa.C.S. §3126
(relating to indecent
assault
18 Pa.C.S. §3127
(relating to indecent
exposure)
F-' 18 Pa.C.S. §3129
(relating to sexual
intercourse with animals)
r 18 Pa.C.S. §3130 F7 r
(relating to conduct
relating to sex
offenders
18 Pa.C.S. §3301 r— F7
(relating to arson and
related offenses)
18 Pa.C.S. §4302
(relating to incest)
F-7 18 Pa.C.S. §4303 F7 7
(relating to concealing
death of child)
18 Pa.C.S. §4304 F-77 77
(relating to endangering
welfare of children)
F-7 18 Pa.C.S. §4305 F
(relating to dealing
in infant children)
18 Pa.C.S. §5902(b) F7
(relating to prostitution
and related offenses)
r 18 Pa.C.S. §5903 1-7 F
cord
(relating to obscene
and other sexual materials
and performances)
18 Pa.C.S. §6301
(relating to corruption
of minors
18 Pa.C.S. §6312 F r
(relating to sexual
abuse of children)
17 18 Pa.C.S. §6318
(relating to unlawful
contact with minor)
18 Pa.C.S. §6320 r
(relating to sexual
exploitation of children)
r- 23 Pa.C.S. §6114 F7 7
(relating to contempt for
violation of Protection
order or agreement)
Driving under the __ r
influence of drugs
or alcohol
Manufacture, sale, O ((
delivery, holding, 4q
offering for sale or
possession of any
controlled substance or
other drug or device
2. Unless indicated by my checking the box next to an item below, neither I nor any other
member of my household have a history of violent or abusive conduct including the
following:
Check Self Other Date
all that household
apply member
F' A finding of abuse by a Children &Youth r 7
Agency or similar agency in Pennsylvania
or similar statute in another jurisdiction
Abusive conduct as defined under the F
Protection from Abuse Act in
Pennsylvania or similar statute in
Y
another jurisdiction
Other: r 7
3. Please list any evaluation, counseling or other treat eceived oll win convi t'on
or finding of abuse: 5-Id Q -�0� ,+- �
Omen a��
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child
S. If you are aware that the other party or members of the party's household has or have a
criminal /abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge
information or belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
a
Signature
�1
Printed Name
CO mot'
c�
off-- ► \\A& r
On,Q)C`-'(-) ' ' 7. ‘ ,c1.--e?s <2A, )\ ,:k_, , ,_._
c-) os/ ,
1-))„:-\(\) -).' _.) N cVN iNtr1
, a!',
Z
1A;C5 \(\ j ccl� c.7 c�
'‹� 5
/� e�y�� �.+? +ice
� rz ,}'S T i
:\(% .-------- --) Q)r- Nc-ek-'(\c" t.c)
cu
, \ - \\YA,---: , \-)e},c ‘ e \ S\,,, ,)?ii-- I 1 \ U ) 1\3) c...,e, ----\s-
- - cl ( , j0,,_, ,)‘ . Jc,-(\c' -2.3(°17-) Ni L'---c \f d4-wKQ 7 I .-`j (-Nr-Q-° \ -/ \C12S 1 j
t c_s
LOT-5 \-It"c2\0\c2._ 5, __. rA
1 12- G�� ,``�- \,\( 30 \;ox-Ar\ \A.9-1\-\nc) ---) t,f3f2b .
)c.,Q) \rQ.\\'0 1
\ - ,--- ,--E,Q / \
The following are the reasons why Luis Hernandez should not move to New Jersey:
Before I make my statements I will remind the court why Luis requests to relocate. Luis states it is
because a move would be the environmental catalyst that Julian needs to be free from hurts of the past.
He also states that if he starts to spend time with his paternal family members this may be a source of
family values and traditions.
Julian has not spent much time with Luis's family through the years. Luis has lived in PA since Julian
was one year old. Luis's mother lives in Florida and one brother in Virginia. Luis as well as his
brothers and sister were taken into foster care due to abuse in the home.
Julian was raised in Central Pa. Most of his maternal family members, including his great
grandmother, live within a 25 mile radius. Julian has 5 cousins who reside in the Mechanicsburg area,
who are all his age they are continually asking to have Julian with them and they see each other often.
My father, Jeff Noel, has moved back to his home in Etters. He and Silvia, his wife, have been a major
influence and are the back bone in Julian's life. They take him on nice vacations and enable him to
spend time with his cousins. My mother, Mary Noel, continues to spend time with Julian and they have
a very close bond. Her home is Julian's favorite place to go. My brother, Julian's uncle Eric, lives with
my mother and spends time with Julian. We take him Swimming, fishing, roller skating, ice skating,
sledding. He also is taken to museums, and views the stars through a telescope my father purchased for
him. My parents and I taught him to ride a bike, fly a kite, and swim. He is able to participate in many
outdoor activities in our company, as we spend much time in these areas. Julian's relocation would
cause a hindrance to our ability to continue these activities with him.
In the past, it has been difficult to reach Luis or his wife Lydian via phone, text, or email, in order to
make visit arrangements with Julian. There is a concern that this would be made more difficult if
Julian lived hours away, as we would not have the luxury of driving such a short distance to contact
them in person. There have also been times when we have arranged to take Julian home at a specific
time, only to find no one there to receive him. This happened to my mother last Christmas vacation.
She had to wait at the Wal-Mart store for 2 hours while Luis drove home from Virginia. It also
happened November 30 of this year. My mother and I found no one home when we attempted to drop
Julian off. My father finally contacted Luis and we were instructed to drop him off at a neighborhood
friend's house to await his arrival. Similar events have been taking place for years. On Easter on year,
my mother and I had made arrangements to pick Julian up at church after a service that Luis was
supposedly participating in. We did not find him there, but at home sleeping, along with his brother
Frankie who was there visiting from Virginia. Luis called the police despite Frankie's objections.
The police told us they were unable to force Luis to release him to us as there was no legal custody
implemented at that time. They also apologized for the inconvenience, as their services were
unwarranted. My Aunt Sherry Tate documented and sent information to our attorney, Mark Slilliker.
about other denials to see Julian. Times when he had not allowed us to have Julian, after telling us to
come to the apartment to get him. The possibility of any similar future events also rise concern if this
relocation does transpire.
The financial burden this would create would be greater than it is now. At this time my father has had
to help with Silvia since she is having problems physically. My mother works part-time. We have
always been the ones to pick Julian up and take him home. We are concerned with the same patterns
reoccurring. Making arrangements to see Julian and not being able to see him after driving for hours
one way.
Luis states that Julian is acting out in class due to me. He started to act out after the birth of Ava, the
daughter of Lydian and Luis. Before that he was doing fine. My family is not on the contact list for
when there is an emergency situation at school. The last time Julian fell off of the playground
equipment at recess, the school was unable to contact Lydian at home, or Luis who was at work and
could not get off until 6:00 pm that evening. We would be more pro active in his life if only Luis
would permit it.
My family is concerned about bruises on Julian's forehead, not once but many times. My mother
thought maybe he was being bullied at school. She contacted the school nurse and the guidance
councilor.Apparently they may not discuss these matters with Julian's family members without Luis's
permission. Luis told my mother, that Julian had blood in his urine. Blood in the urine can be a vary
serious matter. Instead of taking Julian to a doctor he sent Julian to school and told him to see the
school nurse. This is why children and youth were contacted. My mother has always said Lydian was a
good person and treated Julian with kindness. She never wanted to take Julian away from anyone. She
is only concerned for Julian's safety.
Luis had told my family and myself that he planned on moving to Shippensburg, Pa This is were he
was working for a few months. Only since Children and youth services were involved did Luis decide
to move to New Jersey. Luis states on his paper to the court, that since my mother called Children and
Youth, he is having problems with clearance status with government agencies. For years Luis worked
from his home doing I.T. Work. Luis told my father he would work from home when he moves. He
does not have to move due to a job change.
He makes the statement that another factor in relocation is to further facilitate the ongoing development
of both Julian and I. He said that having Julian around me has been a constant source of distraction for
my recovery. I will say,just the opposite is true. What is a constant distraction is the controlling
actions from Luis towards my family and myself I am concerned that Luis and Lydian want to put a
damper on Julian's involvement with my family and I. If he moves to New Jersey, there is the fear that
we will not see him again.
Luis states that his father has offered him his house. The house is listed for rent on the website, Zillow,
with a real estate agent, for the amount of$1,800 a month. This is three times more than the house they
live in now. Luis has no job at this time. My question is how will he pay that amount of money. How
long will he be able to live there. Is the house still up for sale or rent on Zillow. If the house is sold or
rented for more than Luis is paying his father, will they have to move again. This is the father that Luis
was taken away from at a young age. If Luis is unable to pay the rent would Julian be forced to relocate
to another school, possibly causing more stress on Julian.
I beg you to stop Luis from taking Julian to New Jersey. I am currently moving in the right direction,
active in the fellowship of AA, and working diligently with a sponsor. I love my child immensely and
am determined to stay on the right path this time in spite of my prior struggle with alcohol, or what
mistakes I've made in the past. All of my family, including my mother and father, brothers,
grandmother, and aunts and uncles are willing to take care of Julian until I can provide for him.
LUIS J HERNANDEZ IN THE COURT OF COMMON PLEAS OF
defendant CUMBERLAND COUNTY, PENNSYLVANIA
vs CIVIL ACTION -ta
CHERIE R NOEL, JEFFREY NOEL PETITION TO RELOCATE
and SYLVIA WOULFE-NOEL NO. 2009-297 IN CUSTODY
plaintiffs z,
Petition for Earlier Court Date
It has been brought to my attention that the date for this hearing has been scheduled for
February. Would the court be so kind as to grant a December court date due to the following
hardships caused by the later court date.
1. My current landlord has already been given 2 months notice for the move and is scheduled to
have people move into this apartment in January.
2. My father, in preparation of our arrival in January has already turned down all offers on his
house and pulled his house off of the market with his realtor at a fee: the delay of a final decision
would only exacerbate the typical problems of finding people to move into a house during the
dead of winter when he may have already had the vacant house sold/rented.
Alternatively, Cherie R Noel and I have discussed and have come to an agreement on the
amended custody agreement and may simply wish to submit an affidavit stating our agreement
to the terms in lieu of the court hearing.
72//03
tie yianck-1-
11
CHERIE NOEL, IN THE COURT OF COMMON PLEAS OF
JEFFREY NOEL AND SYLVIA CUMBERLAND COUNTY, PENNSYLVANIA
WOULFE-NOEL,
PLAINTIFFS
V.
LUIS HER'NANDEZ,
DEFENDANT NO. 09-297 CIVIL
ORDER OF COURT
AND NOW, this 10th day of February, 2014, after hearing on Luis Hernandez's
Pro Se Petition to Relocate;
IT IS HEREBY ORDERED AND DIRECTED that Michael Whare, Esquire is
appointed as Guardian Ad Litem for the child in this matter.
By the Court,
M. L. Ebert, Jr., J.
;,iCherie Noel
Jeffrey Noel
Sylvia Woulfe-Noel
Plaintiffs
/Cuis Hernandez
Defendant
,,-Michael Whare, Esquire
Court Appointed GAL for child - _a
moo -n
bas '
1,es /yZal LIL W--CD
-T
CHERIE NOEL, : IN THE COURT OF COMMON PLEAS OF
JEFFREY NOEL AND SYLVIA : CUMBERLAND COUNTY, PENNSYLVANIA
WOULFE-NOEL,
PLAINTIFFS
V.
LUIS HERNANDEZ,
DEFENDANT : NO. 09-297 CIVIL
IN RE: CUSTODY ORDER
ORDER OF COURT
<-7
C:
AND NOW, this 19th day of March, 2014, upon consideration of Father's Petition
to Relocate having been granted,
IT IS HEREBY ORDERED AND DIRECTED that:
1. PRIORS ORDERS: All prior orders are hereby vacated and replaced with
this Order.
2. LEGAL CUSTODY: Father and Mother shall have shared legal custody of the
Child. The parties shall have an equal right to make all major non-emergency
decisions affecting the Child's general well-being, including, but not limited to,
all decision regarding his 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
party. 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.
3. PHYSICAL CUSTODY: Father shall have primary physical custody of the
child subject to the following periods of partial physical custody with Mother.
a. Mother shall have physical custody of the Child for 1 weekend per
month during the school year from Friday at 6:00 p.m. until Sunday at
6:00 p.m. If the parties cannot agree upon a date for Mother's
weekend each month, Mother shall have custody of the child during
the second weekend of each month.
b. During the summer, Mother shall have physical custody of the Child for
1 week in June, 1 week in July, and 1 week in August. Mother shall
provide Father with a list of the weeks she is requesting custody on or
before May 15 of each year.
c. At such other times as mutually agreed upon by the parties.
4. ALCOHOL ILLEGAL SUBSTANCES: Neither party shall drink alcoholic
beverages to excess or consume illegal substances when in the presence of
the Child and no party shall be under the influence of alcoholic beverages or
illegal substances when in the presence of the child. Neither party shall allow
others to drink alcoholic beverages to excess or consume illegal substances
when in the presence of the Child. Mother shall provide Father with
documentation that she is attending Drug and Alcohol Counseling until she
has been successfully discharged and attendance sheets for her alcoholic
Anonymous meetings.
5. TRANSPORTATION: Father shall be responsible for transporting the Child
for custody exchanges until Mother has reliable transportation. Once Mother
has reliable transportation, the parties shall select a safe custody exchange
location that is approximately halfway for each party.
6. TELEPHONE/TEXT/EMAIL CONTACT: The custodial party shall assure that
the non-custodial party has reasonable access to the Child via
telephone/text/and/or email.
7. DISPARAGING REMARKS: Each of the parties and any third party in the
presence of the Child shall take all measures deemed advisable to foster a
feeling of affection between the Child and the other party. Neither party shall
do nor shall either party permit any third person to do or say anything which
may estrange the Child from the other party, their spouse or relatives, or
injure the Child's opinion of the other party or which may hamper the free and
natural development of the Child's love and respect for the other party.
8. RELOCATION: The parties are advised that neither party shall relocated the
child if such relocation will significantly impair the ability of a non-relocating
party to exercise his or her custodial rights unless (a) every person who has
custodial rights to the child consents to the proposed relocation or (b) the
Court approves the proposed relocation. The party seeking relocation must
follow the procedures required by 23 Pa.C.S. §5337.
9. MODIFICATION OF ORDER: The parties are free to modify the terms of this
Order but in order to do so the Court makes it clear that both parties must be
in complete agreement to any new terms and confirm same in writing. That
means that both parties must consent on what the new terms of the custody
arrangement or visitation schedule shall be.
By the Court,
---•'6/herie Noel
.„---Jeffrey Noel
Woulfe-Noel
Plaintiffs
is Hernandez
Defendant
Michael Whare, Esquire -
Court Appointed GAL for child
bas
e4plics
31/9/1y
rrl
CHERIE NOEL, : IN THE COURT OF COMMON PLEAS OF
JEFFREY NOEL AND SYLVIA : CUMBERLAND COUNTY, PENNSYLVANIA
WOULFE-NOEL,
PLAINTIFFS
V.
LUIS HERNANDEZ,
DEFENDANT : NO. 09-297 CIVIL
IN RE: PRO SE PETITION TO RELOCATE
ORDER OF COURT
AND NOW, this 19th day of March, 2014, upon consideration of Luis Hernandez's
Pro Se Petition to Relocate, the Guardian Ad Litem's report and after hearing;
IT IS HEREBY ORDERED AND DIRECTED that Luis Hernandez's Petition to
Relocate is GRANTED.
,./C-rierie Noel
--feffrey Noel
Woulfe-Noel
Plaintiffs
Hernandez
Defendant
Whare, Esquire —
Court Appointed GAL for child
bas
:37/16.4
/ 9/6
By the Court,
*1"1
C. .
-X=
N)