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Home My WebLink About09-6548 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF AMY L. WITMER, Plaintiff V. ELI J. HOOVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009-G0N CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Amy L. Witmer, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Amy L. Witmer, an adult individual residing at 150 Quigley Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is Eli J. Hoover, an adult individual residing at 241 Bobcat Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Max David Witmer 150 Quigley Road D.O.B. 9/28/2009 Newburg, PA 17240 4. Plaintiff and defendant are the natural parents of the child. 5. The parties were never married. 6. The child is presently in the custody of plaintiff and has resided with plaintiff since birth. 7. 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. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 9. 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. 10. Mother has been the sole caregiver of the child since his birth. 11. The best interests and permanent welfare of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, Plaintiff, Amy L. Witmer, respectfully requests that the Court enter an order granting primary physical custody of the child to the plaintiff. Dated: September, 2009 Respectfully submitted, Stacy B. olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. X30 _, 2009 dn-mA., A & L-?? Amy L. Witmer STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF AMY L. WITMER, Plaintiff V. ELI J. HOOVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 2009- 4V& CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Eli J. Hoover 241 Bobcat Road Carlisle, PA 17015 September , 2009 By: Attorney for Plaintiff l/ 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 WOLF & WOLF OF 4%$X.W 30 PW 2: 03 AMY L. WITMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff V. No. 2009-6548 CIVIL ACTION - LAW ELI J. HOOVER CUSTODY Defendant Please enter my appear-?' ce on behalf of the above-named Defendant, ELI J. HOOVER, in the above-captioned matter. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. <Z? 4".. ?27? John W. Carter, Esquire Attorney I.D. No. 202849 11 Roadway Drive, Suite B Carlisle, PA 17015 (717)249-5373 \\Carlisle\e\KLaw\Firm Docs\Clients Files\4497-1 Samuel FILL, ti OF THF IF "71ARY 2009 OCT -6 Pl i it : 5 5 f AMY L. WITMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6548 CIVIL ACTION LAW ELI J. HOOVER IN CUSTODY DI?FENDANT ORDER OF COURT AND NOW, Wednesday, October 07, 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 Wednesday, November 11, 2009 at 2:00 PM 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/ ohn . Mang-an, r. Es o. -, mft 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 00 4 - AM 1 1 : ?Y ?T\i YV? C64 eory M??ASCL 4t3 a?? Copy ,n.?Lt lf?L e. gW,L)V'Z- V1. 1 AMY L. WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6548 CIVIL ACTION LAW ELI J. HOOVER, IN CUSTODY Defendant A ORDER OF COURT AND NOW this 110 day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custodv: The Father, Eli J. Hoover, and the Mother, Amy L. Witmer, shall have shared legal custody of Max David Witmer, born 09/28/2009. 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 decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. On Sunday 11/15/09 and Sunday 11/22/09, Father shall have physical custody/visitation from 3:00 pm until 6:00 pm in a neutral location agreed upon by the parties with Mother present for said periods. In the absence of agreement by the parties, the parties shall meet at the Green Spring Church off of route 641. Father is permitted to have his family present for his periods of time with his son. b. On Thursday 11/26/09, Sunday 11/29/09, Thursday 12/03/09 and Sunday 12/06/09, Father shall have physical custody/visitation from 2:00 pm until 4:00 pm in a neutral location agreed upon by the parties with Mother present for said periods. In the absence of agreement by the parties, the parties shall meet at the Green Spring Church off of route 641. Father is permitted to have his family present for his periods of time with his son. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Holidays: The parents shall arrange a holiday schedule mutually agreed upon. In the absence of agreement, the parties shall discuss an appropriate holiday schedule on December 08, 2009 at 11:00 am at the Court of Common Pleas, Carlisle, PA 17013. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. A conference with the assigned conciliator is hereby scheduled for December 08, 2009 at 11:00 am at the Court of Common Pleas, Carlisle, PA 17013. 8. 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. y the Co , J. Distribution: o Carter, Esquire t y Wolf, Esquire : ;Oc J. Mangan, Esquire loo F.s rvl, I 1 1«10, I AMY L. WITMER, Plaintiff V. ELI J. HOOVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-6548 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Max David Witmer 09/28/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on November 11, 2009 with the following individuals in attendance: The Mother, Amy Witmer, with her counsel, Stacy Wolf, Esq. The Father, Eli Hoover, with his counsel, John Carter, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J ?gar, Esquire Custody onciliator AMY L. WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV~I a {.y Q 4i ij v. NO. 2009-6548 CIVIL TERM r~~ ~ ~ ~ ~ ELI J. HOOVER, CIVIL ACTION - LAW ~='~_ --- ` De f endant IN CUSTODY I_;_' ( "~ - ~ ~ ~-? cas -1 '. '~ ~i `_ -> ~'> - _ r- ' f t7 ORDER OF COURT ~ -= AND NOW, this 12th day of G1 January, 2010, after ~ hearing, all prior Custody Orders are vacated and replaced with the following: 1. Legal Custody: The Father, Eli J. Hoover, and the Mother, Amy L. Witmer, shall have shared legal custody of Max David Witmer, born 9/28/2009. 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 decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary physical custody of the Child, subject to Father's periods of partial physical custody as follows: a. Every Monday and Thursday from 9:00 a.m. until 5:30 p.m. b. One Saturday per month from 9:00 a.m. until 5:30 p.m. c. One weekend per month from Saturday at 4:00 p.m. until Sunday at 9:00 a.m. d. Such other times as the parties agree. Father shall pick the Child up at Mother's home to commence the visitation periods. The parties shall meet at Saylor's Market in Newville for the return of the Child to Mother. We anticipate that the Child should be spending alternating weekends with Father from Fridays until Sunday once the breastfeeding is over. 3. Holiday Schedule: a. Father shall have the Child each Father's Day from 9:00 a.m. until 5:30 p.m. b. Father shall have the Child every other holiday from 9:00 a.m. until 5:30 p.m. beginning with Easter and including Memorial Day, July 4th, Labor Day and New Year's Day. c. From 1:00 p.m. to 6:00 p.m. on Christmas day in even-numbered years, and from 5:00 p.m. Christmas Eve until noon on Christmas day in odd-numbered years. d. From 9:00 a.m. until 4:00 p.m. on Thanksgiving day in odd-numbered years, and from 4:00 p.m. on Thanksgiving day until 9:00 a.m. on the day after Thanksgiving in even-numbered years. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. The parties are directed to e-mail each other at least once per day regarding the development and well-being of their Child. Mother shall initiate the e-mails on the day that Father does not have partial custody. Father shall initiate the e-mails on the day that he has partial custody. At least one e-mail shall be sent each day and replied to. Copies of the e-mails shall be maintained and presented as an exhibit in any future hearing in this matter. By / Edward E. Guido, J. S/tact' B. wolf, Esquire Attorney for Plaintiff " John W. Carter, Esquire Attorney for Defendant s rs ~ ~ ~ ~ ~"~ ~" `"""' / ~5 ~lv MAY 19 2Ui~1 F:\FILES\Cfients\13755 Hoover\13755.1.Order Created: 9/20/04 0:06PM Revised: 514/10 3:30PM ~'-y N C=1 it Hubert X. Gilroy, Esquire `' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER = - =r r MARTSON LAW OFFICES =-' ~ ., ~`' c ~° LD 29943 _ ~'' - :, ~< . 10 East High Street -, ''i_ : -~ ~ ' ~~ ~'i Carlisle, PA 17013 ~~ ~; _M~ t ~ (717) 243-3341 -~ N ~ Attorneys for Defendant AMY L. WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-6548 CIVIL ACTION -LAW ELI J. HOOVER Defendant IN CUSTODY COURT ORDER NOW, this ~~~ day of ///~ ~ , 2010, upon consideration of the attached Stipulation signed by the parties and legal counsel for the parties, the Stipulation is incorporated as an Order of Court and the prior Order of Court dated January 12, 2010, is modified consistent with the Stipulation. BY T, Edward E. Guido, Judge cc: / S~y B. Wolf ,Esquire /Hubert X. Gilroy, Esquire ~1~ f -. ~i Q.S ~n~.cl~L. s~ao~1 v ~r/1 . . FP.FILES~Clients`13755 Hoover~13755.I.Stipulation Created', 9/20/04 0:06PM Revised: 4/27'10 3:IIPM ,._ '~~ ~~ D. t~ ~ -1,tir i 20(0 ~~Y 18 PPS 12~ f ~+ Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FA~:.:~,.~;__ ;,'~ ~.a;~UNTY MARTSON LAW OFFICES ~cPJPvS'r'~.Vru'~!!A I.D. 29943 '1~j 10 East High Street ~` Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant AMY L. WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-6548 CIVIL ACTION -LAW ELI J. HOOVER Defendant IN CUSTODY STIPULATION The parties to this action, Amy L. Witmer (Mother) and Eli J. Hoover (Father), hereby agree that the Order of Court dated January 12, 2010, entered by the Honorable Edward E. Guido maybe modified as follows: 1. Paragraph 2 of the Court Order shall be modified such that Father's periods of temporary custody shall be every other Saturday from 9:00 a.m. unti16:00 p.m. with pick ups and drop offs taking place at Saylor's Market. Additionally, Mother shall send an email every Friday to the Father concerning the child's well being and activities during the past week. 2. Paragraph 3 of the Order shall be modified such that Father's periods of time with the minor child for the holidays shall be on Father's Day from 9:00 a.m. unti16:00 p.m. on Christmas Day from 3:00 p.m. unti16:00 p.m. 3. In all other respects, the Order of January 12, 2010 shall remain in place and is hereby ratified by the parties. ~~-~ ELI J. HOOVER V AMY .WITMER WITNESS: ~ STACYB. WOLF, ESQUIRE f !~"'~~-O~F~C~ ATTORNEY ID NO. ss732 O~ TNT PROTNpNO~'ARY 10 WEST HIGH STREET n t+T CARLISLE PA 17013 2U}~ OC t ~ 8 ~~ ~~ ~~ (717) 241-4436 ATTORNEY FOR PLAINTIFF pU(~$ERLAhlO COUNTY AMY L. WITMER, : IN THE OURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW ELI J. HOOVER, : N0.2009-6548 CIVIL TERM Defendant : IN CUSTODY STIPULATION THIS STIPULATION entered into this ~ day of October, 2010, by and between AMY L. WITMER (hereinafter referred to as "Mother") and ELI J. HOOVER (hereinafter referred to as "Father") 1. Mother shall have sole legal custody of the parties' minor child, Max David Witmer (born September 28, 2009, age 10 months). 2. Mother shall have sole physical custody of the child. 3. Mother shall have sole custody of the child on all holidays. 4. The parties shall no longer be required to send emails once a day to each other regarding the child's well-being and development. 5. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction. 7. The parties desire that this agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. ~" Amy .Witmer G~' . Hoover OCT 19 2010 ,• AMY L. WITMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. :CIVIL ACTION -LAW ELI J. HOOVER, : N0.20o9-6548 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT t~da of~~r~ , 2010, u on presentation and consideration of the NOW, this y p attached Stipulation signed by the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY T COU , Honorable Edward E. Guido D' ution: tacy B. Wolf, Esquire For the Plaintiff t~ ~- ~ ~ ° -o ~C ~ ~ ~ ubert X. Gilroy, Esquire For the Defendant ~ ~ ~' !) ~ C ° ---~ rn~ ~° rn ~ 9 . ~ (~ ~ ~ ~ ~ 1 ~ ~ y ~ ~..f ~ ~ O ~~ Gov / ~ b~~ I ~ n .b.~'~...J 9i /r ~ ~4 J ~` .r- tof a c/cd ~~~''~ .~ w ~; 3