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HomeMy WebLinkAbout04-5636JAMES M. HOEFLER, Plaintiff Vo SUSAN A. CATANZARO HOEFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- .~A'~/~3/_a CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is James M. Hoefler, an adult individual currently residing at 41 Conway Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Susan A. Catanzaro Hoefler, an adult individual currently residing at 1208 Stratford Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Jill Catherine Hoefler, who was born on April 27, 1988, and Jennifer Alison, who was born September 26, 1989. 4. The children were not born out of wedlock. Since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: Prior to June 11, 2004, the children lived with the parties at the marital residence which is Defendant's address. After June 11, 2004, the children lived with Defendant at the marital residence. The children have occasionally stayed with the Plaintiff since October 5, 2004. The relationship of the Plaintiff to the children is that of father. He is married and o living separately. The Plaintiff currently does not reside with anyone. 6. The relationship of the Defendant to the children is that of mother. and living separately. The Defendant currently resides with the following: She is married Name Relationship Jill Hoefler Daughter Jennifer Hoefler Daughter 7. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 8. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 9. The best interest and permanent welfare of the child will be served by granting certain custody rights to Plaintiff because he can best provide a stable and nurturing environment for his daughters. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a heating at which Plaintiffrequests the Court to grant him the Custody Order. Pending said heating, Plaintiff requests your Honorable Court to: a. Order and direct the parties to take the children to whatever treatment is recommended by their healthcare providers; b. Order and direct the parties not to involve the children in disputes between themselves; c. Order and direct the parties not to speak disparagingly of the other parent within heating of the children; and d. Grant Plaintiff temporary custody of the children. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. W~iams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. k F:\FILESX~}ATAFILE\GeneraI~Current\ 11120. l.affidavitcustody Created. 9/20/04 0 06PM Revised. 11/16/04 11 02AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMES M. HOEFLER, Plaintiff V0 SUSAN A. CATANZARO HOEFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5636 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) 'SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Custody was mailed to Defendant Susan Catanzaro-Hoefler at 1208 Stratford Drive, Carlisle, PA 17013 on November 9, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Susan Catanzaro-Hoefler" and dated November 12, 2004. Thomas ~I. ~v~illiart~, ,Esquire Sworn to and sub,s~ribed before me this tff,'~'Way of Notary Public ' NOTARIAL SEAL ..... VICTORIA t. OTTO, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY I MY COMMISSION EXF'IRES DEC. 2, 2006 7003 3110 0004 5772 6730 _.-t- Certified Fee r'"l [~ Return Reciept Fee I~ (Endorsement Required) r-'l Rest~cted Delivery Fee r'R (Endorsement Required) ITt Total Postage & Fees JAMES M. HOEFLER PLAINTIFF Vo SUSAN A. CATANZARO HOEFLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5636 C1VIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 _, 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 Thursday, December 02, 2004 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. 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, Si~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubett X. Gilrqy, Esq. mhc 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) 249-316.6 JAMES M. HOEFLER PLAINTIFF SUSAN A. CATANZARO HOEFLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO[ENTY, PENNSYLVANIA 04-5636 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consi~deration 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 Thursday, December 16, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older mag also be l~resent at the conference. Failure to al~l~ear at the conference mag 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l, rior to scheduled hearing. FOR THE COURT. By: /s/ _faCClueh'ae M. Vetoer', Esq. mnc 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 HIiLP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOHN H. BROUIOS HUSERT X. GrLROY BROUJO$ & GILROY, P.c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 NOV 2 g zbU4~ TELEPHO~m: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujosObroujosgilroy, com hgilroyObroujosgilroy, com NoN-TOLL FOR HARRISBURG AREA 717-766-1690 November 29, 2004 Office of the Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Attn: Melissa RE: Hoefler v Hoefler Dear Melissa: I know both of the parties personally and I cannot handle this conciliation. Accordingly, we are taking it off my calendar and I am returning to you the documents we received from your office. I am copying Attorney Williams to alert him that Thursday's conference it off. I don't know the Defendant's attorney, and I will rely upon Tom to contact the Defendant's attorney with this information. Sincerely yours, cc: Thomas J. Williams, Esquire 11/12/04 FRI 05:05 FAX 2406460 CUHB/¢OUh*I'Y COUPS ~** R GILROY ~ 00! /) JAMES M. HOEFLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : NO. 2004-5636 CIVEL TERM : SUSAN A. CATANZARO HOEFLER,: CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this i? l1/- day of ~ ., 2004, upon consideration of the attached Custody Conciliation Report, iit is ordered and directed as follows: 1. The Father, James M. Hoefler, and the Mother, Susan A. Catanzaro Hoefler, shall have shared legal custody of Jill Catherine Hoefler, bom April 27, 1988 and Jennifer Alison Hoefler, bom September 26, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody at such times as the children desire to be with Father. 4. Each parent shall be entitled to three consecutive weeks of physical custody in the summer, provided the children agree. In the event either party take the children out of state or out of the country, they shall provide the other party with an address and telephone number where the children may be reached. 5. Both parties shall ensure that the children are taken to whatever treatment is recommended by their healthcare providers. The parents shall keep all scheduled appointments for the children. 6. The parties shall not involve the children in ,disputes between themselves. 7. Neither party shall do or say anything or permit a third party from doing or saying anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. 8. The parents shall cooperate in individual ancttor family counseling for the children. In the event medical insurance does not cover all of the expenses associated with counseling, Father shall pay for the difference in cost. 9. The parties shall have liberal telephone contact with the children between the hours of 9:00 a.m. and 9:00 p.m. Said conversations shedl be private if the children desire. 10. The parties shall keep each other advised irmnediately relative to any emergencies, medical or otherwise, concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. 11. The children shall attend school and school related functions unless there is an excuse from a healthcare professional. 12. The parents shall keep the other advised as to the whereabouts of the children. Either the parent or child shall notify the non-custodial parent of the child's whereabouts. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the prov!isions of this Order by mutual consent. In the absence of mutual consent, the terms of this; Order shall control. BY THE COURT, cc:,,Th-omas j. Williams, Esquire, counsel for Fath! ~'~an Bornman, Esquire, counsel for Mother ¥ JAMES M. HOEFLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : 2004-5636 CML TERM SUSAN A. CATANZARO HOEFLER,: CML ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jill Catherine Hoefler Jennifer Alison Hoefler April 27, 1988 September 26, 1989 Mother Mother 2. A Conciliation Conference was held in this 'matter on December 16, 2004, with the following individuals in attendance: The Father, J:maes M. Hoefler, with his counsel, Thomas J. Williams, Esquire and Mother, Susan A. Catanzaro Hoefler, with her counsel, Brian Bomman, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date 0'acq{ieline M. Vemey, Esquirecr- Custody Conciliator