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HomeMy WebLinkAbout09-5777AMMON LYNN HOCHSTETLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. - 6-,7,7 7 BILLIE JANE HOCHSTETLER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Ammon Lynn Hochstetler, by and through his counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Ammon Lynn Hochstetler, who currently resides at 740 East Mount Airy Road, Lewisberry, York County, Pennsylvania 17339. 2. Defendant is Billie Jane Hochstetler, her current address is P.O. Box 322, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks primary physical custody of Name Primary Residence DOB Kaitlynn Rae Hochstetler P.O. Box 322 10/20/96 Boiling Springs, PA 17007 The child was not born out of wedlock. The child is presently in the custody of Billie Jane Hochstetler, mother, her current address is P.O. Box 322, Boiling Springs, Cumberland County, Pennsylvania 17007. Since birth, the child has resided with the following persons at the following addresses: Name Addresses Dates Mother and Father 311 Old Stonehouse Rd. Oct. 2004-July 2009 Boiling Springs, PA 17007 Mother and Tim Boose Father P.O. Box 322 Boiling Springs, PA 17007 740 E. Mt. Airy Rd. Lewisberry, PA 17339 July 2009- Present July 2009-Present The mother of the child is Billie Jane Hochstetler, her current address is P.O. Box 322, Boiling Springs, Cumberland County, Pennsylvania 17007. She is not married. The father of the child is Ammon Lynn Hochstetler, who resides at 740 E. Mt. Airy Road, Lewisberry, York County, Pennsylvania 17339. He is not married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Himself Relationship 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name Kaitlynn Rae Hochstetler Tim Boose Relationship Daughter Boyfriend 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plaintiff does 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. 9. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Names Address Basis of Claim None 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) A Court Order of custody and structured visitation is desired so that Plaintiff and child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. b) A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Complaint for primary physical custody of the child. Respectfully submitted, Date: ant ichael I Whar Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff AMMON LYNN HOCHSTETLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. BILLIE JANE HOCHSTETLER, Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 0'°' 1-00( mon Lynn Hochstetler, Plaintiff FILE.'"-., . OF THE I ."'110TAPY 2tlG9 AUr 2 I Fr 1Ji`` _` 'til, AMMON LYNN HOCHSTETLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BILLIE JANE HOCHSTETLER DEFENDANT 2009-5777 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 26, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 05, 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: /s/ John . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET 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 THE ? , ?_in,? z SCI ..1?; u_;,71 Ut 2009 AUG 28 PM 2.4 0 CUM'i AMMON LYNN HOCHSTETLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law No. 09-5777 BILLIE JANE HOCHSTETLER, Defendant IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this I () day of r- nl 2009 by and between Ammon Lynn Hochstetler (Hereinafter referred to as "Father") and Billie Jane Hochstetler (Hereinafter referred to as "Mother"). WHEREAS, Mother and Father are the parents of one child, namely, Kaitlynn Rae Hochstetler, date of birth, October 20, 1996, age 12; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree to the custody order as follows: 1. LEGAL CUSTODY: Mother and father shall have shared legal custody of the child. 2. PHYSICAL CUSTODY: Mother and father shall have shared physical custody as follows: A. Father shall have every other week from Sunday 6:30 p.m. until the following Sunday at 6:30 p.m. B. Mother shall have the alternating weeks from Sunday 6:30 p.m. until the following Sunday at 6:30 p.m. 3. SCHOOL: The parties agree that the child shall remain enrolled at the Northern School District for at least the 2009-2010 academic school year. 4. HOLIDAYS: Mother and father shall share the holidays as agreed upon by the parties. However, if the parties are unable to reach an agreement concerning the holidays, on odd numbered years, mother shall have every Thanksgiving and Father shall have every Christmas. On Even numbered years, father shall have every Thanksgiving and Mother shall have every Christmas. 5. TRANSPORTATION: Transportation shall be shared by the parties, with the parent who is to receive custody at the time of exchange, responsible for providing transportation. At all times, the child shall be secured in the appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to or while transporting the children. 6. TELEPHONE/E-MAIL CONTACT: The custodial parent shall assure that the non- custodial parent has reasonable access to the child via telephone 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 parry. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relatives, or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with the respect the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. 9. ILLNESS OF CHILD: Emergency decisions regarding the child shall be made by the parent then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 10. MUTUAL CONSULTATION: Each parent shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy-two (72) hours. 11. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 12. ALCOHOLALLEGAL SUBSTANCES: Neither parent 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 parent shall allow others to drink alcoholic beverages to excess or consume illegal substances when in the presence of the child. 13. 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. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 14. GOVERNING LAW: This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: OF T? r? ,._ { -CRY 2019 SAP 1 r # CUhix ;y SEP 16 20096, AMMON LYNN HOCHSTETLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BILLIE JANE HOCHSTETLER, Defendant Civil Action- Law : No. 09-5777 : IN CUSTODY ORDER OF COURT AND NOW THIS /7- day of S'?1Jr?.Gc? , 2009, upon ?T presentation and consideration of the within Stipulation and Custody Agreement, It is hereby Ordered and decreed as follows: 1. LEGAL CUSTODY: Mother and father shall have shared legal custody of the child. 2. PHYSICAL CUSTODY: Mother and father shall have shared physical custody as follows: A. Father shall have every other week from Sunday 6:30 p.m. until the following Sunday at 6:30 p.m. B. Mother shall have the alternating weeks from Sunday 6:30 p.m. until the following Sunday at 6:30 p.m. 3. SCHOOL: The parties agree that the child shall remain enrolled at the Northern School District for at least the 2009-2010 academic school year. 4. HOLIDAYS: Mother and father shall share the holidays as agreed upon by the parties. However, if the parties are unable to reach an agreement concerning the holidays, on odd numbered years, mother shall have every Thanksgiving and Father shall have every Christmas. On Even numbered years, father shall have every Thanksgiving and Mother shall have every Christmas. 5. TRANSPORTATION: Transportation shall be shared by the parties, with the parent who is to receive custody at the time of exchange, responsible for providing transportation. At all times, the child shall be secured in the appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to or while transporting the children. 6. TELEPHONE/E-MAIL CONTACT: The custodial parent shall assure that the non- custodial parent has reasonable access to the child via telephone 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 parent shall do nor shall either parent permit any third person to do or say anything which may estrange the child from the other parent, their spouse or relatives, or injure the child's opinion of the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with the respect the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. 9. ILLNESS OF CHILD: Emergency decisions regarding the child shall be made by the parent then having custody. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 10. MUTUAL CONSULTATION: Each parent shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy-two (72) hours. 11. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 12. ALCOHOL/ILLEGAL SUBSTANCES: Neither parent shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the child and no parry shall be under the influence of alcoholic beverages or illegal substances when in the presence of the child. Neither parent shall allow others to drink alcoholic beverages to excess or consume illegal substances when in the presence of the child. 13. 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. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 14. GOVERNING LAW: This Agreement shall be governed and controlled by the laws of Pennsylvania. BY THE COURT, JUDGE cc: Michael J. Whare, Esq. Billie Jane Hochstetler, Pro Se ALECK--,Fr 2 ;_}:-,?_.? 7TY OF THE 2009 SEP 18 AM 9: 5 i Lte N"- AMMON LYNN HOCHSTETLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2009-5777 CIVIL ACTION LAW BILLIE JANE HOCHSTETLER • IN CUSTODY DI~;PE:NDANT ORUF..12 OF COURT AND NOW, Wednesday, February 17, 2010 __ ,upon consideration of the attached Complaint, it is hereby directed that panties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th ,Floor, Cumberland County Courthouse, Carlisle on Thursday, March l8, 2010 for a Prc-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the count', please contact our office. All an-angements 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 FORTI-i >3ELOVl~' TO FIND OUT WIfERE YOU CAN GET LEGAL HELP. Cumberland County I3ar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;,:- ~ FiLE~-;;r,~"i~~~ ~p~ f.. ;L,1r 210 FE8 i 7 p~~ i2: ~ g C~ ~ ° :. !-~t11~ u ~V~Ir J~,I; ~~