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HomeMy WebLinkAbout09-7735IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER MOORE, Plaintiff V. ERIN E. HOYT, Defendant CIVIL ACTION No. o>..-7736?- CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Christopher Moore who currently resides at 1128 Pheasant Drive North, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Erin E. Hoyt who is believed to currently reside at 1015 Brooks Street, Scranton, Pennsylvania. 3. The plaintiff is seeking custody of the following child: Name Residence Age Rhys Killian Moore 1128 Pheasant Drive North 2 Carlisle, Pennsylvania (DOB 8/8/2007) The child was born out of wedlock. During the past five years (or date of birth of the child), the child has resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Christopher, John, 1128 Pheasant Drive North 4/2009- present Patti, Kristen and Carlisle, PA 17013 Benjamin Moore Christopher and Erin Christopher, Erin, John, Patti, Kristen and Benjamin Moore 102 Spruce Street 12/2007 - 4/2009 Carlisle, PA 17013 1128 Pheasant Drive North 11/2007- Carlisle, PA 17013 12/2007 Christopher and Erin 53 Big Spring Avenue 8/8/07 -11/2007 The mother of the child is Erin E. Hoyt, currently residing at either 1015 Brooks Street, Scranton, Pennsylvania or 1810 Church Avenue, Scranton, Pennsylvania. She is not married. The father of the child is Christopher Moore, currently residing at 1128 Pheasant Drive North, Carlisle, Pennsylvania. He is not married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons other than child: John Moore(Christopher's father), Patti Moore(Christopher's mother), Kristen Moore(Christopher's sister) and Benjamin Moore (Christopher's brother) 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons other than the children: It is unknown. It is believed that she may be living with either Mary and Jack Teeple and their children or with Alexander Cunningham. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 6. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is willing and able to perform the primary parental responsibilities for the child. Plaintiff is in the best position to provide the care and nurture which the child needs for healthy development. Defendant does not provide for the child's physical, psychological or social needs while they are in her care. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him custody of the minor child. Sfri D. Coover, Esquire Attorney ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER MOORE, CIVIL ACTION Plaintiff V. . ERIN E. HOYT, CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Christopher Moore Date: it - 8 '09 "Apy 2009 NOV -9 All 9: 48 s I S s ? pct Lk ? ?1u ?? ? 3317 AL-. Z ?y c ins a S' Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ?? QCr? 77 3 sc-1 ?c<? ERIN E. HOYT, Defendant CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P.1915.13 NOW COMES, Plaintiff/Petitioner, Christopher Moore, by and through his attorney, Sheri D. Coover, Esquire and respectfully petitions your Honorable Court for special relief and in support thereof states as follows: 1. The parties are the parents of the minor children, Rhys Killian Moore, age 2 (DOB August 8, 2007). 2. The parties separated in April of 2009 and since that time, Plaintiff/Petitioner Christopher Moore (hereinafter referred to as "Father") has been the primary caregiver for the minor child in that the child has constantly lived with him, at the residence of his parents and Father has provided for all of the child's essential needs. 3. On an infrequent basis, Defendant/Respondent Erin Hoyt (hereinafter referred to as "Mother") has visited with the minor child, with the permission and acquiescence of Father - usually for a visit during the day and returned the child to Father's care later in the day. 4. The child's contact with Mother since the parties separation has been sporadic and infrequent - on often occasions going weeks without Mother having contact with the child. 5. Since the parties separation, Mother has not taken the child on any visits that lasted more than a couple of hours. 6. On Friday, November 6, 2009, Mother contacted Father and requested that she be permitted to visit with the child and Father agreed, believing that Mother intended to visit with the child in the Carlisle area and return the child to his care later in the day as Mother had done on previous occasions. 7. After Mother had custody and control of the child, she informed Father that she did not intend to return the child to Father's care until at least Wednesday, November 11, 2009. 8. Father has no information on Mother's living conditions or whether Mother will be able to properly care for the child for an extended period of time while the child is in her custody. 9. Despite his best efforts, Father is unsure of exactly where Mother is living and believes that she is living at either 1015 Brooks Street, Scranton, Pennsylvania or 1810 Church Avenue, Scranton, Pennsylvania. 10. Father is unsure of exactly whom Mother is living with at this time. 11. Upon information and belief, Father has information that Mother is in a relationship with a man who has a criminal history involving violence. It is unknown to Father whether this man is living with Mother at this time or what contact he is allowed to be having with the child. • 12. Mother has denied Father's requests for her to return the child to his care. 13. The child has become deeply bonded to Father and Father's family since he has lived with Father consecutively since the date of the parties' separation. 14. The environment to which the child is being subjected is unfamiliar and unknown to the child and it is detrimental to subject the child to this environment for an extended period of time without allowing the child an adjustment period. 15. Mother has ignored Father's concerns that the child has not been separated from him for this long of a time and that it may be traumatizing for the child and is thinking of her own best interests and not the best interests of the child. 16. The child in this case is of a very young age and is not able to take steps to ensure his own safety. 17. Father has no knowledge or assurances that Mother will truly return the child to his care. 18. There are not any previous orders regarding custody of this child issued by any courts to the best of Father's knowledge. 19. Father is filing a Complaint for Custody simultaneous with the filing of this Petition for Special Relief. 20. Your Honorable Court has the authority to grant the relief requested herein. 21. No judge has previously been assigned to this case. A: Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL ACTION ERIN E. HOYT, Defendant CUSTODY VERIFICATION I verify that the statements made in the attached PETITION FOR EMERGENCY RELIEF are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Christopher Moore )1.6.0°1 Date WHEREFORE, Father respectfully requests that this Honorable Court 1. Grant Father primary physical custody of the child until a conciliation conference can be held regarding custody arrangements for the child; and 2. Grant such other relief as the Court may deem appropriate. Y SUBMITTED, ?heri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) CHRISTOPHER MOORE, Plaintiff V. ERIN E. HOYT, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION : CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this q4'?' day of November, 2009, I caused the foregoing EMERGENCYPETPTIONFOR SPECIAL RELIEF PURSUANT TO PA.R. C P. 1915.13 to be served upon opposing counsel via United States First class mail addressed as follows: Erin E. Hoyt 1015 Brooks Street Scranton, PA 18508 Erin E. Hoyt 1810 Church Avenue Scranton, PA 18508 submitted, S D. Coover, Esquire ?Mtorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ter Tj TORY 2 0 0 9 N'OV -S t; i 9: t; G !'' 1 47? 7 p, 66 /do C6 Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facisimile) CHRISTOPHER MOORE, Plaintiff V. ERIN E. HOYT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO..2998-26426 IN CUSTODY MOTION TO CONTINUE HEARING AND NOW, comes Plaintiff Christopher Moore, by and through his attorney, Sheri D. Coover, Esquire and files the following MOTION TO CONTINUE HEARING and in support thereof avers as follows: 1. A hearing on the Plaintiff's Petition for Special Relief has been scheduled by this Court in the above-captioned matter for November 20, 2009 at 11:15 a.m. in Courtroom #1 of the Cumberland County Courthouse before the Honorable Judge Oler (see copy of November 12, 2009 Order attached). 2. Plaintiff's counsel is attached in the Franklin County Courthouse on a different matter at that time and is not able to be at the hearing that has been scheduled by this Court. 3. Since the time of the filing of the Petition for Special Relief, the minor child has been returned to the Plaintiff's care and custody. 4. The continuance requested will not prejudice any of the parties to the action. 5. As of the time of the filing of this action, no attorney has entered their appearance on behalf of Erin E. Hoyt and she is currently pro se' in this matter. Her position on this matter is unknown. WHEREFORE, Plaintiff Christopher Moore requests that this Court reschedule the hearing on the Petition for Special Relief. submitted, Pheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facisimile) CHRISTOPHER MOORE, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO -2008-29*26-- ERIN E. HOYT, OR-77-36 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this 16m day of November, 2009, I caused the foregoing MOTION TO CONTINUE HEARING to be filed by united States first class mail upon Defendant identified below addressed as follows: Erin E. Hoyt 1810 Church Avenue Scranton, PA 18508 submitted, S eri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 NOV 10 2009 Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ERIN E. HOYT, Defendant CUSTODY ORDER AND NOW, this day of ?U c 2009, after review and consideration of the foregoing PETITION FOR SPECIAL RELIEF, it is hereby ORDERED that n; a,, in lite , A hearing be held on the matters addressed on the PETITION FOR SPECIAL RELIEF on the dOLr'i day of 7&Le ,Z, 2009 at ?.m. in courtroom number of the Cumberland County Courthouse. BY THE COURT: J. Distribution List: Sheri D. Coover, Esquire (Attorney for Plaintiff/Petitioner) 44 S. Hanover Street, Carlisle, PA 17013 Erin E. Hoyt 1015 Brooks Street, Scranton, PA 18508 Erin E. Hoyt 1810 Church Avenue, Scranton, PA 18508 L ..j Ri7EI r'TARY OF THE P? 2099 Nor 16 i=ii ;;: '7." i LJ 4?iY _ _ .. f V NOV 10 2009 Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) CHRISTOPHER MOORE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. CIVIL ACTION n f ?« ERIN E. HOYT, l y o, 6- 7 7 3 Defendant CUSTODY ORDER AND NOW, this day of 2009, after review and consideration of the foregoing PETITION FOR SPECIAL RELIEF, it is hereby ORDERED that A hearing be held on the matters addressed on the PETITION FOR SPECIAL RELIEF on the d0& day of den/ 2009 at m in c_. . courtroom number i of the Cumberland County Courthouse. BY THE COURT: Distribution List: v heri D. Coover, Esquire (Attorney for Plaintiff/Petitioner) 4444 S. Hanover Street, Carlisle, PA 17013 • , Erin E. Hoyt 110?015 Brooks Street, Scranton, PA 18508 ./Erin E. Hoyt 1810 Church Avenue, Scranton, PA 18508 c `L? ,,: Lei"t? ?Ei.??6J I v i'il t ? t `? r-., •„ ?t,ld _. , .? CHRISTOPHER MOORE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIN E. HOYT DEFENDANT 2009-7735 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 19, 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 Tuesday, December 15, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, 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 off-ice. 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 fol. -OfFI E OF THE PROTHONOTARY 209 NOV 19 PM 12: .1 VYmk.M..i.1 V4j 6i0V t PENNSMANIA • NOV 17 2009 Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facisimile) CHRISTOPHER MOORE, Plaintiff V. ERIN E. HOYT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.28H8--264L6-- vR---? -? 35 IN CUSTODY ORDER AND NOW, this -Al day of No y , 2009, upon Plaintiffs Petition for a continuance, the hearing on Petitioner's PETITION FOR SPECIAL RELIEF that is currently scheduled for November 20, 2009 at 11:15 a.m. is hereby rescheduled before J/ 2010 at = UO?.m, in Courtroom this Court on , #-L- of the Cumberland County ourthouse, Courth Square, C lisl , PA 17013 Ply ? ?i Ki t o?u, ?c ?, z'w ??? h?e't? ?c??,??es? ? ? ? ,9 Distribution List: heri D. Coover, Esquire (for the Plaintiff/Petitioner) 44 S. Hanover Street, Carlisle, PA 17013 Vrin E. Hoyt (Defendant - pro se') .l 1810 Church Avenue, Scranton, PA 18508 -Ui i'ICE QF T![p)? `ONNOTARY 2009 NOV 20 AM 11: 05 PE'NNSYLVANIA 0 CHRISTOPHER MOORE, Plaintiff VS. ERIN E. HOYT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-7735 CIVIL TERM : CIVIL ACTION - LAW : IN CHILD CUSTODY ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Erin E. Hoyt, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: fill?)/01 .7VZ-i 1:, iiuluiG 1wau, aultu 1VV Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Hi r'!:: 4 i I 11 Rl- : 4n?:.; ??ARY 2009 NO`d 24 Pi l ; 07 CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS OF P1ainNff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-7735 CIVIL TERM {n.. ~ ,~, ~.: ,. --r ERIN E. HOYT, :CIVIL ACTION -LAW .<; , ~ f~~ Defendant : IN CHILD CUSTODY =. =J ". - ..._ =z -~, =:~sr ANSWER TO COMPLAINT FOR CHILD CUSTODY ~ .~_ ~,~., WITH NEW MATTER ~ AND NOW, comes defendant, Erin E. Hoyt, by and through her counsel, Linda A. Clotfelter, Esquire, who file this Answer to Complaint for Child Custody, respectfully responding as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. The identity of the Child and the fact that he was born out of wedlock is admitted. Otherwise, the residences of the Child as listed are denied. In further answer hereof, although the addresses for the Child from birth through April, 2009, are admitted, it is denied that the Child has lived solely with Plaintiff since April, 2009. More specifically, in Apri12009, the parties agreed to share physical custody of the Child. Although at times due to fmancial and logistical issues resulting from the two (2) hour travel required between the residences, a truly shared schedule did not always work. In August 2009, Father severely limited Mother's contact with the Child and since that date during Mother's custody the Child resided with her in the Scranton area. 4. Admitted. 5. Admitted in part and denied in part. Mother's identity is admitted and it is denied that she lives with Mary and Jack Gable (whose last name is actually Teeple). Mother lives with Alexander Cunningham, Mother's son to another relationship, and the subject Child when he is with Mother. 6. It is specifically denied that the best interests and permanent welfare of the Child will be served by granting Plaintiff s requested relief for the following reasons: a. Father has a significant criminal background including but not limited to criminal charges listed in 23 PS § 5303(6.1) regarding consideration of criminal charges in determining an award of custody, partial custody or visitation. Father's criminal records include the following charges: Statute Descri tion Date 18 § 3304(A)(2) Crim'1 Misch-Tam r W/Pro rty 11/15/2003 18 § 3127(A) Indecent Ex sure *Court must consider er 23 PS 5303(6.1) * 11/15/2003 18 § 3127(A) Indecent Ex osure *Court must consider per 23 PS 5303(6.1) * 11/15/2003 18 5503(A)(3) Disorder Conduct Obscene Lan Gest 11/15/2003 18 § 5503(A)(4) Disorder Conduct Hazardous/Ph si Off 11/15/2003 18 § 2702 (A)(2) A ravated Assault *Court must consider per 23 PS 5303(6.1) * 12/29/2005 18 § 2702 (A)(3) Ag ravated Assault *Court must consider er 23 PS 5303(6.1) * 12/29/2005 18 § 2702 (A (6) Ag ravated Assault *Court must consider er 23 PS 5303(6.1) * 12/29/2005 18 § 2701 (A)(1) Sim le Assault 12/29/2005 18 § 2701 (A)(1) Sim le Assault 12/29/2005 18 § 2701 (A)(2) Sim le Assault 12/29/2005 18 § 2705 Recklessly Endan erin Another Person 12/29/2005 18 § 2705 Recklessly Endangering Another Person 12/29/2005 18 § 2705 Recklessl Endangering Another Person 12/29/2005 75 § 3735.1 (A) Aggravated Assult B Vehicle While Dui 12/29/2005 75 § 3 802 (A)(1) DUI: Gen Im /Inc of Driving Safely -1 S Off 12/29/2005 75 § 3802 (A)(2) DUI: Hi Rte of Alc (BAC .8 -.10) 1St Off 12/29/2005 75 § 3802 (B) DUI: Hi est Rte of Alc (BAC .10 - .16) 1St Off 12/29/2005 75 § 3802 (C) DUI: Hi est Rte ofAlc (BAC .16+) 1St Off 12/29/2005 75 § 3736 (A) Reckless Driving 12/29/2005 18 § 3921 (A) Theft B Unlaw Takin -Movable Pro 03/01/2007 18 § 3925 (A) Receivin Stolen Pro erty 03/01/2007 b. Father has clearly not acted in the best interest of the Child when he repeatedly threatened Mother resulting in the entry of a Protection from Abuse Order filed November 23, 2009, in the Court of Common Pleas of Lackawanna County, Pennsylvania to Docket No. 09-41417. The PFA was entered after a hearing and decision by the court and will not expire until November 23, 2012. c. Father has at times denied Mother her requests for custody of the Child and, even prior to the entry of the Protection from Abuse Order, Father repeatedly and consistently ignored Mother's attempts to contact him regadding custody. d. Mother truly believes that Father poses a risk of harm to the Child, given his hostility toward Mother, his criminal background, and the fact that when the parties were together Father would go out drinking after work most nights, become intoxicated and would not appear at home until the morning. When the Child is in Father's custody they reside in the paternal grandparent's home where a beer keg refrigerator stocked with draft beer is kept in the living room. Mother, having lived in the home, has personal knowledge that the paternal grandmother drinks daily to the point of intoxication. Mother truly believes that this environment, where daily drinking is the norm, is not in the best interest of the Child. e. Mother is able to provide the Child with a stable and loving home environment where the Child would have the opportunity to establish close bonds with his siblings. On the contrary, while with Father the Child is seeing and hearing Father's hostile conduct directed at Mother, as is evidenced from the Child's statements. Specifically, the Child has indicated that his Father hates his Mother and Mother knows that Father has made disparaging remazks regarding her as he has shaeed those with her at times when she knows the Child is present. This is clearly not in the best interest of the Child. f. Father has refused to negotiate with Mother regarding custody and has demanded he have primary physical custody despite the factual circumstances of this case while Mother has been open to considering alternative arrangements throughout the process. Mother will encourage the Child's relationship with his Father while it is clear that Father will not nurture the Mother and Child relationship. Given Mother's ability to work with Father and not against him, it is in the best interest of the Child to be primarily in the custody of Mother with partial custody periods to Father provided that it can be established that Father will not cause the Child harm. g. Given the allegations raised by Mother in this Answer together with Father's criminal background and the fact that a Protection from Abuse Order exists between the parties, Mother requests that this court grant the parties shared legal custody; primary physical custody to Mother; and partial custody periods to Father provided that he can provide the Child with a safe environment. WHEREFORE, Mother respectfully requests that this court grant the parties shazed legal custody; primary physical custody to Mother; and partial custody periods to Father provided that he can provide the Child with a safe environment. NEW MATTER 7. Mother's responses to pazagraphs 1 through 6 above are incorporated herein by reference. 8. Mother is concerned with Father's emotional instability and his inability to control his anger. 9. Mother seeks to have this court strongly consider Father's criminal record in determining the best interest of the Child in this matter. 10. It is notable that Father's anger management issues and his excessive drinking were the direct cause of the incident where Father, while drunk drove his caz into a police officer's vehicle head on resulting in many, but not all, of Father's prior criminal charges. 11. Mother has repeatedly seen evidence of Father's inability to control his anger and she fears that this conduct will detrimentally affect the Child if the Child is exposed to it for any significant period of time. 12. Mother respectfully requests that this court do a complete analysis of those factors that aze in the best interest of the Child including but not limited to the following: a. Father's extensive prior criminal charges including two addressed in 23 P.S. 23 PS § 5303(b.l) regarding consideration of criminal charges in determining an award of custody, partial custody or visitation; b. Father's past violent and abusive conduct which resulted in many of his criminal charges as well as the current Protection from Abuse Order; c. Mother's willingness to encourage a relationship with Father; d. 'The fact that Father and other adults in Father's household drink to excess on a daily basis; e. Father's unsuitable home environment; f. The fact that Mother is able to provide the Child with a loving, stable home environment where the Child can foster a strong relationship with his one-half siblings. WHEREFORE, Mother respectfully requests that this court grant the parties shared legal custody; primary physical custody to Mother; and partial custody periods to Father provided that he can provide the Child with a safe environment. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: (~~ S 1 ~ t) LI~1DA A. CLOTFELTER, ESQ orney I.D. 72963 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-7735 CIVIL TERM ERIN E. HOYT, :CIVIL ACTION -LAW Defendant : IN CHILD CUSTODY VERIFICATION I, ERIN E. HOYT, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dater ~1-~~~ CHRISTOPHER MOORE, Plaintiff vs. ERIN E. HOYT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7735 CIVIL TERM CIVIL ACTION -LAW IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~~day of January 2010, the undersigned hereby certifies that a true and correct copy of the foregoing document was served upon the opposing parties by United States First Class Mail, postage prepaid, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant's CHRISTOPHER MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ERIN E. HOYT, Defendant NO. 09-7735 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of February, 2010, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' child, Rhys Killian Moore (date of birth August 8, 2007), and following an initial period of hearing, which has not yet been completed, the record shall remain open. It is noted that as of the time of adjournment on today's date, Plaintiff had presented the testimony of Officer Gary Carver of the North Middleton Township Police Department and some testimony by himself and Defendant had presented some testimony by herself. It is further noted that at the time of adjournment Plaintiff's Exhibit 1 had been identified and admitted, and Defendant's Exhibits 1, 2, 5, 6, 7, and 8 had been identified and admitted. No other exhibits had been identified or admitted, although Plaintiff's counsel had indicated her intention to introduce several photographs to be retrieved from a DVD referred to by Officer Carver in his testimony. It is additionally noted that both counsel have requested that the stenographer prepare and file a transcript of the notes of testimony from today's proceedings. A further day of hearing in this case has been previously scheduled for April 1, 2010, commencing at 9:30 a.m. Both counsel have indicated that they believe this amount of time will be sufficient to conclude the hearing. Pending further order of court, the temporary order entered on December 17, 2009, shall remain in full force and effect with respect to its custodial terms. By the Court, ~~~~ J.i esley O1~ Sheri D. Coover, Esquire For the Plaintiff Linda A. Clotfelter, Esquire For the Defendant :lfh ~,~ ~~ L ~~ Jr., ~.? ~.' ~= ~ =; z - r--3 :-~, --~ -.X .... ' ~ ~ wry k ~f 1 ` N 1 i4_' , !. r~ ~t ~- ;-: w ~ ~ ~ ` CHRISTOPHER MOORS IN THE COURT OF COMMON PLEAS OF n rJa C' ~ ~ __; PLAINTIFF CUMBERLAND COUNTY, PENNSYLV + ~ - cn ~ ~ -,, r~~ = i`"' ' v - ' ~ v. PJI 2009-7735 CIVIL ACTION LAW r~-x cr7 rr I Q~: q 'ty ~ ~.` ERIN E. HOYT ~ ...;,.!G~ ~' ~ .~ C IN CUSTODY 2 ~ ~ ~:-k DEFENDANT -t N xy , ORDER OF COURT AND NOW, Wednesday, September O5, 2012 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, __ at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 03, 2012 at 1:30 PM for aPre-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/ acgaeline M. Verney, Esg~_ 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 ~/~ ~ ~1C Telephone (717) 249-3166 ~ 3-otir, ~' ~',~y, Esg. /,~tie~~• Over, ~•sg'• ~/!C'///C~j~!' t~rP.s ~d'~~c°~ 9~ ,,~ CHRISTOPHER MOORE, Plaintiff vs. ERIN E. HOYT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-7735CIVIL ORDER AND NOW, this ~ 3 ~ day of November, 2012, the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, ~ _ ~% Hess, P. J. / The Honorable J. Wesley Oler, Jr. / Court Administrator ~lG ~~ G .-_.. ~j Z~ ~ ~. ~" ~ "'~ ~ 4'r', ~~ ~ 4~ 3>r3 ~ ~_ ~~~~ CHRISTOPHER MOORE, Plaintiff V. ERIN E. HOYT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-7735 CIVIL, ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ',`4~ -;~ ~, ~ ~~„ ; ~,, ~) , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is schedyled in Court Room No. ~ , of the Cumberland County Court House, on the ~~ day of ~J1,j ~~~Z~ , 2,013, at •' ~,.a o'clock, /q . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending the hearing, the prior Orders of Court of the Honorable J. Wesley Oler, Jr. dated December 17, 2009 and April 5, 2010 shall remain in full force and effect. 3. 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. BY THE COURT, f 0 F ~.~. iii _ cc: John F. King, Esquire, counsel for Mother `~~ ~ ~'`~' ~' ~ ~ `~ li L ~ ~ ~' ~ < ~` ~ ~ ~` ; ~ ~`,=== ,/Gary L. Kelley, Esquire, Counsel for Father ~;T" r,, ~`~`' ~ .- i - f ~, f ~~ r~-- -..ti , ,.. ~~ CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-7735 CIVIL ACTION - L,AW ERIN E. HOYT, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rhys K. Moore August 8, 2007 shared 2. A Conciliation Conference was held November 6, 2012 with the following individuals in attendance: The Mother, Erin E. Hoyt, with her counsel, John F. King, Esquire, and the Father, Christopher Moore, with his counsel, Gary L. Kelley, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated April 5, 2010 and December 17, 2010 providing for shared legal custody with the parties having shared physical custody on a week on/week off basis. Father enrolled the child in kindergarten in August, 2012 without consultation or permission of Mother. The child is currently attending Crestview Elementary School only during the week of Father's physical custody. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends during the school year and primary physical custody during the summer when Mother would have alternating weekends. Mother also filed for Contempt alleging that Father enrolled the child in kindergarten without her consent. Mother maintains that the child should be in her primary care because he has half siblings living with Mother. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody with Mother having alternating weekends during the school year and primary physical custody in the summer with Father having alternating weekends. Father argues that the child grew up most of his life in Carlisle until Mother relocated to the Scranton area. The child has extended family in the Carlisle area. 6. Issues to be determined at trial: 1. Physical custody schedule 2. Mother's Contempt Petition. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one day. I ' L. ~ l ~2-- _ ~ ~~~...~._L_ ~l UDC !~..._^:~ Date ~ acq line M. Verney, Esquire ~'~~ Custody Conciliator CHRISTOPHER MOORE, Plaintiff C) : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNS V. : NO. 09-7735 `".cy' f" r ERIN E. HOYT, : CIVIL ACTION - LAW >c Defendant : IN DIVORCE > - i cr. PETITION FOR LEAVE TO WITHDRAW AS DEFENDANT'S COUNSEL AND NOW comes the Petitioner, John F. King Law, P.C., by John F. King, Esquire, seeking leave of this Honorable Court to withdraw as counsel for Defendant, Erin E. Hoyt, pursuant to the Rules of Professional Conduct Rule 1.16, and avers as follows: 1. Petitioner is counsel of record for Plaintiff herein by virtue of having filed a Motion for Contempt Pursuant to Pa.R.C.P. 1915.12 on August 31, 2012. 2. Petitioner and Defendant entered into a fee agreement on or about August 30, 2012. 3. This is an action for custody. 4. There has been no activity in this case since January 9, 2013. 5. Pursuant to the Rules of Professional Conduct Rule 1.16(b)(1), Petitioner believes that withdrawal can be accomplished without material adverse effect on the interests of the client. 6. Pursuant to the Rules of Professional Conduct Rule 1.16(b)(7), Petitioner believes that other good cause exists. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Defendant and to withdraw his appearance as counsel in the above - captioned matter. Date: March 2014 JOHN F. KING LAW, P.C. By: F. King, Esq. 61919 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 (717) 695-2207 VERIFICATION I, John F. King, Esq., hereby acknowledge that I 'am the Petitioner in the foregoing action; that I have read the foregoing Petition to Withdraw; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: March , 2014 CHRISTOPHER MOORS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW ERIN E. HOYT, Defendant : NO. 09-7735 CIVIL TERM IN RE: PETITION FOR LEAVE TO WITHDRAW AS DEFENDANT'S COUNSEL ORDER OF COURT AND NOW, this 19th day of March, 2014, upon consideration of the Petition for Leave To Withdraw as Defendant's Counsel, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this Order. BY THE COURT, ..._. i Va--, .4 0-A ..,,_. J. : esley Ole', Jr., .J. :/ Ga ry Kelle Y, Esq. q 3117 Chestnut Street Cam Hill, PA 17011 John F. King, Esq. 4076 Market Street Camp Hill, PA 17011 0 r.`; Attorney for Defendant © ''. rin Cunningham z c-, '-,.3c,_.-, 742 Gino Merli Drive x'- :} Peckville, PA 18452 7c' ``' r I �S Ni=-1 LEL 3/� 1 . .-f-v} CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-7735 ERIN E. HOYT, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE co *.r.A '‘'S John F. King, Esquire, respectfully requests this Court to make absolute the Rule to Slows-3 Cause which was issued in the above-captioned matter on March 20, 2014, and in support states the following: 1. A Petition for Leave to Withdraw as Defendant's Counsel was filed by the Petitioner on March 12, 2014. 2. The Rule to Show Cause was issued on March 20, 2014, and was served on March 25, 2014, as evidenced by the attached Certificate of Service, Exhibit "A". 3. To date, no response to the Rule to Show Cause has been forthcoming. WHEREFORE, Petitioner respectfully requests that this Court make the Rule to Show Cause Absolute. Dated: Respectfully submitted, JOHN F. KING LAW, P.C. By: John F. King, Esq. ID# 61919 4076 Market Street, Ste 100 Camp Hill, PA 17011 (717) 695-2222. CERTIFICATE OF SERVICE I hereby certify that on this 4.2 3 day of April, 2014, I served the foregoing Motion to Make Rule Absolute upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Gary Kelley, Esq., 3117 Chestnut Street, Camp Hill, PA 17011 Erin Cunningham, 742 Gino Merli Drive, Peckville, PA 18452 CHRISTOPHER MOORE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-7735 ERIN E. HOYT : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify that I am this 25th day of March, 2014, serving the Petition for Leave to Withdraw and Order of Court/Rule to Show Cause filed March 20, 2014 upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Gary Kelley, Esq., 3117 Chestnut Street, Camp Hill, PA 17011 Erin Cunningham, 742 Gino Merli Drive, Peckville, PA 18452 0.t.e-C dF I CHRISTOPHER MOORE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-7735 ERIN E. HOYT, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this 1St day of a4,, 1 , 2014, upon consideration of the verified Petition for Leave to Withdraw as Plaintiff's counsel, and Rule to Show Cause, and there being no opposition thereto, it is hereby ORDERED and DECREED that said Petition is granted and that Petitioner, John F. King, _ Esq.,be permitted to withdraw his appearance of record for the Defendant in the above matter and the Prothonotary shall so mark the docket.. BY THE COURT, .1" / / ') S J. T., Wes(el O /e Zr . 4tylL, (----, -z-- -zl 194.11,t J . I<ii m co = 1:: -T- a 41.Ley Cn Z -+C -0 l ( _ ,--, -Cc) -n 1`71 1+Jfhan'l = `�=' MO .