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Home My WebLink About01-7087Harry C. Hibner, II, Plaintiff Shari L. Holloway Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ CIVIL TERM CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Harry C. Hibner, II, an adult individual whose residence is at 163 West Maple Street, York, York County, Pennsylvania. 2. Defendant is Shari L. Holloway, an adult individual whose residence is at 11 Robin Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks periods of temporary custody of his child, Harry C. Hibner, III, born March 24, 1991, currently residing at 11 Robin Drive, Carlisle, PA 17013. 4. The child is presently in the custody of Defendant. 5. Since the children's births, the child have resided at the following address: Name Address Dates Shari L. Holloway 11 Robin Drive, Carlisle, PA 1994 to present 6. The relationship of the Plaintiff to the child is that of natural Father. 7. The relationship of the Defendant to the child is that of natural Mother. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the following periods of temporary custody with the father so that the child may bond better with his father: a. Alternate weekends from 6:00 PM Friday until 6:00 PM Sunday. b. Two (2) non-consecutive weeks in the summer. Father is to notify the Mother of which two weeks he desires by May 31st. c. Alternate the following holidays from 8:00 AM to 8:00 PM: New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving; with Plaintiff having New Year's Day 2002. d. The Christmas holiday shall be split as follows: The Father shall have the child from 1:00 PM December 24th until 1:00 PM December 25th in odd numbered years. And from 1:00 PM December 25th until 1:00 PM December 26th in even numbered years. Mother shall have the child from 1:00 PM December 25th until 1:00 PM December 26th in odd numbered years and from 1:00 PM December 24th until 1:00 PM December 25th in even numbered years e. Notwithstanding of the above scheduled, Father shall have the child on Father's day from 8:00 AM until 8:00 PM and Mother shall have the child on Mother's Day from 8:00 AM until 8:00 PM. 11. 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. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to appoint a Custody Conciliator to hear this case. Respectfully Submitted TURO LAW OFFICES Robert J~(/lulderig, Esq(:zh'~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date / HARRY C. HIBNER, II PLAINTIFF : IN THE coURT OF COMMON PLEAS OF : CUMBERLAND coUNTY, PENNSYLVANIA : 01-7087 CIVIL ACTION LAW SHARI L. HOLLOWAY : IN CUSTODY DEFENDANT ~QRDER OF cOURT AND NOW, Friday, Deo~mher 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before $~cq.eline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on W~ednesday, January 30, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effor~ will be made to resolve the issues in dispute; or if tl~s cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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: Is/ Jacqueline M. Verney. Esq. ? 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 factht~es 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 2 Liberty Avenue Carlisle, pennsylvania 17013 Telephone (717) 249-3166 Harry C. Hibner, II, Plaintiff Shari L. Holloway Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7087 CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Complaint for Custody filed in the above captioned case upon Shari L. Holloway, by certified mail return receipt requested on December 19, 2001 addressed to: Shari L. Halloway 11 Robin Drive Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated December 22, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES Robert J. ML~'erig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Z 452 476 242 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not usu for International Bail (Sea reverse I i w~h to mcelve the IQIow- lng services (for an extra fee): 1. [] Addressee's Address · 2' ~J[ Resttloted Daiivery ~ Type [~Cerfified [] Express Mail [] Insured ~'Retum Receipt for Merchandise []COD 7. Date of Daiivery 5. Received By:'(Print Name) I 8. Addressee's Address (Only if requested and ~'~) 6.~~ ~~Si 'ure (4~dre~s~e gan ' -~S F°rm ~11, O~ 1~4 ~j 1~=~-ffi-B~223 ~ R~M~3 ~ , AN 3 0 ZOOZ HARRY C. HIBNER, II, Plaintiff V. SHARI L. HOLLOWAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7087 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ~ ,2002, upon AND NOW, this day of ~}~"'"-~ consideration of the attached Custody Corl~iliation Report, it is ordered and directed as follows: I. The Father, Harry C. Hibner, II, and the Mother, Shaft L. Holloway, shall have shared legal custody of Harry C. Hibner, III, born March 24, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Beginning the weekend of February 1, 2002, alternating weekends from Fridays at 7:00 p.m. to Sundays at 7:00 p.m. B. Father shall be entitled to two non-consecutive weeks in the summer, provided he notifies Mother of the weeks by April 1 of every year. 4. The parties shall alternate the following holidays from 8:00 a.m. to 8:00 p.m. beginning with Father having the Memorial Day in 2002, 4th of July, Thanksgiving, Labor Day and New Year's Day. When one of said holidays falls on a Monday following Father's weekend custody, Father shall also have custody overnight on Sunday. 5. Father shall have physical custody of the child every Christmas Eve until 10:00 p.m. Mother shall have physical custody of the child from 10:00 p.m. Christmas Eve and all day Christmas Day. 6. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, at times agreed to by the parties. 7. Transportation shall be shared as agreed by the parties. 8. It is deemed to be in the child's best interest to obtain a psychiatric evaluation and counseling if recommended. Father shall participate in counseling as requested by the child's counselor. 9. This Order is entered pursuant to an agreement of the parties at 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. ...~Diane Rupich, Esquire, Counsel for Mother HARRY C. HIBNER, II, Plaintiff SHARI L. HOLLOWAY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : 2001-7087 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORy 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 Harry C. Hibner, III DATE OF BIRTH March 24, 1991 CURRENTLY 1N CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on January 30, 2002, with the following individuals in attendance: The Father, Han'y C. Hibner, II, with his counsel, Robert J. Mulderig, Esquire and the Mother, Shaft L. Holloway, with her counsel, Diane Rupich, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ,acqu~ne M. Vemey, Esquire ,~ Custody Conciliator