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Home My WebLink About09-8730.. .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Dtl'-P-36 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Erica L. Hoover (hereinafter "mother"), an adult individual who currently resides at 8 Wagner Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Justin Tracey (hereinafter "father"), an adult individual who currently resides at 7073 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents one minor child, namely, Tyler G. Tracey, born February 15, 2008. The child was born out of wedlock. The child is presently in the custody of mother at 8 Wagner Drive, Shippensburg, Cumberland County, Pennsylvania. During the past two years, the child has resided with the following persons at the following addresses: ERICA L. HOOVER, Plaintiff V. JUSTIN L. TRACEY, Defendant Persons Erica L. Hoover Nancy Hoover Dale Hoover Erica L. Hoover Justin Tracey Residences 8 Wagner Drive Shippensburg, Pennsylvania Highland Avenue Carlisle, Pennsyvania Dates October, 2008 to Present January, 2008 to October, 2008 The natural father of the child is Justin Tracey, currently residing at 7073 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. He is not married. The natural mother of the child is Erica L. Hoover, currently residing at 8 Wagner Drive, Shippensburg, Cumberland County, Pennsylvania. She is not married. 4. The relationship of the Plaintiff to the child is that of natural mother. The mother currently resides with the following persons: Names Relationship Tyler G. Tracey Son Caleb E. Failor Son Nancy Hoover Mother Dale Hoover Father 5. The relationship of the Defendant to the child is that of natural father. The father currently resides with the following persons: Names Relationship Tony Robinson Brother Oscar Robinson Oscar Robinson Father Brother Lindsay Tony's Girlfriend 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. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because mother has been the primary physical custodian of the child. 8. 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. 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: none WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the child. Date: I Z- l ?( 0'?j Respectfully submitted, O'BRIEN, BARIC & SCHERER Mich el A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 04F VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: Erica L. Hoover Yt i.l_ hRY e u9r r r CA p 1 4 l*, ?)& Aef Phit&-- ?k? ?nr?oi ERICA L. HOOVER, IN THE COURT OF COMMON PLEA JFEL5 Plaintiff CUMBERLAND COUNTY, PENNS ANbk ,-;.rte v. NO. 09-8730 CIVIL ACTION LAW.`: JUSTIN L. TRACEY, IN CUSTODY - - ' Defendant r- PETITION FOR CONTEMPT AND NOW, comes Erica L. Hoover by and through her attorney, Bret P. Shaffer, Esquire and respectfully represents as follows: 1. Plaintiff is Erica L. Hoover (hereinafter "mother"), an adult individual who currently resides at 2429 Derry Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Justin L. Tracey (hereinafter "father"), an adult individual who currently resides at 541 West Penn. St., Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor child, namely, Tyler G. Tracey, born February 15, 2008 (hereinafter "child"). 4. The parties are subject to an Order of Court dated January 29, 2010, a copy of which is attached hereto and incorporated herein by reference as "Exhibit A." 5. Paragraph Two of the present Order provides, in pertinent part, that Mother shall have primary physical custody of the Child; that Father will have physical custody on alternating weekends, as well as every Tuesday at 6:00 P.M. until Wednesday 6:00 P.M.; and that Father shall have custody at such other times as the parties may mutually agree. 6. Father refused on Wednesday, March 9, 2011, to return to Mother the Child, who is currently still in physical custody of Father, despite the absence of a mutual agreement; Father is thus in contempt of the Order for failure to comply with the custody schedule. X11 0711 AVOI Ile? / ArC%-14 , tv-11W6' 7 WHEREFORE, Mother respectfully requests that Father be found in contempt of Court for her violation of the Order as set forth above. Respectfully submitted, BARIC SCHERER O-e DATE:-3////// Bret P. Shaffe , Esquire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information, and belief. This verification is signed by Bret P. Shaffer, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by Plaintiff, who is presently unavailable to sign said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Dated: g111111 /7 ?: - ??' , ?-O ? Bret P. Shaff r, Esquire ERICA L. HOOVER, Plaintiff V. JUSTIN L. TRACEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8730 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Bret P. Shaffer, do hereby certify that on® '??1? //, 2011, I caused to be served, a true and correct copy of Plaintiff's Petition for Contempt by first class mail, postage prepaid as follows: Justin Tracey 541 West Penn. St., Carlisle, PA 17013 Bret P. Shaffer, squire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff JAN 2 0 2010 EXHIBIT "A" ERICA L. HOOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-8730 CIVIL ACTION LAW JUSTIN L. TRACEY, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of January 2010, upon consideration of the attached Custody _d T?k Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custodv: The Father, Justin L. Tracey, and the Mother, Erica L. Hoover, shall have shared legal custody of Tyler G. Tracey, born 02/15/2008. 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 Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing Friday 02/05/10, Father shall have physical custody of Tyler on alternating weekends from Friday 6:00 pm until Sunday 6:00 pm. Absent agreement otherwise, Mother has agreed to provide the transportation for the custody exchanges. b. Father shall have physical custody of Tyler every Tuesday at 6:00 pm until Wednesday 6:00 pm. Absent agreement otherwise, Mother has agreed to provide the transportation for the custody exchanges. The parties have agreed to be flexible and give adequate notice if Father is not able to exercise his custody on this particular day and shall make arrangements for Father to have custody on an alternate period of time. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have one week (seven consecutive days) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. 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. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. 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. 10. 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. By the Court, Distribution: Michael Scherer, Esquire Justin Tracey, 7073 Carlisle Pike, Carlisle, PA 17013 John J. Mangan, Esquire r,} 9 TRUE COPY FROM RECORD In Tesiimony whereof; of;]here-unto-set rn hand and the s ?l of sai a Carlisle Pa. This day of 20.(? Prothonota 1 HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 0 Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1" (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father Regular Physical Custody Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M :M =D D M M M D D D M M M D D M M M M M ERICA L. HOOVER, Plaintiff V. JUSTIN L. TRACEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8730 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: 1. 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 Tyler G. Tracey 02115/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 28, 2010 with the following individuals in attendance: The Mother, Erica Hoover, with her counsel, Michael Scherer, Esq. The Father, Justin Tracey, self represented party 3. The parties agreed to the entry of an Order in the form as attached. Date Jo gan, Esquire C tod Conciliator ERICA L. HOOVER IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLWIA . ,? .. ?i. ^ 2009-8730 CIVIL ACTION LAW:. , . , JUSTIN L. TRACEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 15, 2011 , 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 Tuesday, April 19, 2011 at 2:30 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/ john. Man an r. Es q, Custody Conciliator F. 1 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. i.j C Cumberland County Bar Association 31 32 South Bedford Street Carlisle, Pennsylvania 17013 U Telephone (717) 249-3166 13-d 114 ERICA L. HOOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-8730 CIVIL ACTION LAW JUSTIN L. TRACEY, IN CUSTODY Defendant PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Petition for Conte mpt filed in this matter March 11, 2011. b rnco xrn Respectfully submitted, r-` h CD BARIC SCHERER r-? -? ° = a z W CD ?rn Date: March 25, 2011 Bret P. Shaffer, Esquire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I, Erica L. Hoover, verify that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information, and belief. I hereby ratify the verification previously supplied by my attorney, Bret P. Shaffer, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to aut Date: 410V?\ Harrisburg, PA 17111 ERICA L. HOOVER, Plaintiff V. JUSTIN L. TRACEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8730 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Bret P. Shaffer, do hereby certify that on f4t6X o, 2011, I caused to be served, a true and correct copy of Plaintiff's Praecipe to Attach Substitute Verification by first class mail, postage prepaid as follows: Justin Tracey 541 West Penn. St., Carlisle, PA 17013 Bret P. Shaffer, squire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff i ERICA L. HOOVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENT LJYLVANIA - a P ..J 09-8730 CIVIL ACTION No V. . 1WM c?- JUSTIN L. TRACEY, IN CUSTODY F~?, = Defendant : µ - cz- Prior Judge: J. Wesley Oler, Jr., J. > r_ N) -M' ORDER OF COURT AND NOW this day of August 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The instant Order replaces the prior Orders of Court entered in this matter. 2. Legal Custody: The Father, Justin L. Tracey, and the Mother, Erica L. Hoover, shall have shared legal custody of Tyler G. Tracey, born 02/15/2008. 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. Physical Custody: Mother and Father shall arrange physical custody of Tyler as follows: a. For week one, commencing Tuesday 04/19/11, Father shall pick up Tyler at 5:00 pm Tuesday and have custody until Thursday 5:00 pm with Mother picking the Child up. b. For week two, Father shall have custody from Tuesday 5:00 pm with Mother dropping off until Sunday 5:00 pm with Father dropping Tyler off to Mother. C. The parties may alter this schedule by mutual agreement. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have one week (seven consecutive days) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. 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. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. 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. 11. 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. I? ?1 Distribution: ? Bret Shaffer, Esquire V Justin Tracey, 541 West Penn Street, Carlisle, PA 17013 ? John J. Mangan, Esquire HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2° Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father .Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 st From 8 am Thanksgiving Day to 2 Father Mother Half pm on Thanksgiving Da Thanksgiving T From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1 St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2" Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father Regular Phvcical (nctnrly Qrhari„1P Monday M Tuesday M D Wednesday D Thursday v _ D M Friday ~µ M Saturday M Sunday M M M D D D D D D M ERICA L. HOOVER, Plaintiff V. JUSTIN L. TRACEY, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-8730 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: 1. 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 Tyler G. Tracey 02/15/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 28, 2010, an Order issued January 29, 2010, a conference in regard to Mother's petition for contempt was held April 19, 2011 and a status conference was held June 28, 2011 with the following individuals in attendance: The Mother, Erica Hoover, with her counsel, Bret Shaffer, Esq. 'The Father, Justin Tracey, self represented party 3. 'The parties agreed to the entry of an Order in the form as attached. 4. Violation of the attached Order of Court may result in possible civil and/or criminal action. Date John J gan, Esquire Custody (Conciliator