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HomeMy WebLinkAbout06-0922IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN G. HOSLER, Plaintiff, v ERIN R. HOSLER, Defendant COMPLAINT FOR CUSTODY CIVIL ACTION - LAW IN CUSTODY 1. The Plaintiff is Benjamin G. Hosler, presently residing at 49 Mountain View Terrace, Newville, Upper Frankford Township, Cumberland County, Pennsylvania 17241. 2. The Defendant is Erin R. Hosler, presently residing during each week at two (2) locations: one at 1066 Centerville Road, Newville, Cumberland County Pennsylvania 17241, and the other with her boyfriend at 10 Pennsylvania Ave, Apartment #1, Newville, Pennsylvania 17241. 3. Plaintiff seeks custody of the following children: NAME Orian G. Hosler Saffron R. Hosler Savanna R. Hosler PRESENT RESIDENCE 1066 Centerville Road Cumberland County Newville, Pennsylvania 17241 1066 Centerville Road Newville, Pennsylvania 17241 AGE 9 years DOB: 10-11-1996 7 years (twins) DOB: 6-17-1998 The children were born outside the bonds of matrimony with parents later being married on September 11, 2001. The children are presently in the custody of Mother, who resides at 1066 Centerville Road, Newville, Cumberland County, Pennsylvania 17241, and 10 Pennsylvania Ave, Apt #1, Newville, Pennsylvania 17241. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATE Benjamin Hosler (father) 49 Mountain View Terrace August 1997 to Erin Hosler (mother) Cumberland County Oct. 2005 Newville, PA 17241 WEIGLE G ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Benjamin Hosler 49 Mountain View Terrace Oct 2005 to Newville, PA 17241 Present (WEEKENDS) Erin Hosler Colleen Finn (Defendant's mother) 1066 Centerville Road Cumberland County Newville, PA 17241 Oct. 2005 to Present (WEEKDAYS) AND John Perry (Defendant's boyfriend) 10 Pennsylvania Avenue Tyler Perry (boyfriend's son) Apartment 41 Trevor Perry (boyfriend's son) Newville, PA 17241 The mother of the children is Erin R. Hosier, currently residing at 1066 Centerville Road, Cumberland County, Newville, Pennsylvania 17241, and 10 Pennsylvania Avenue, Apartment #1, Newville, Pennsylvania 17241. She is separated from her husband Benjamin G. Hosler, Plaintiff herein. The father of the children is Benjamin G. Hosler, currently residing at 49 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. He is separated from his wife, Erin R. Hosler, Defendant herein. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Self only 5 The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Colleen Finn Defendant's mother John Perry Defendant's boyfriend Tyler Perry Defendant's boyfriend's son Trevor Perry Defendant's boyfriend's son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff knows of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WEIGLE 6 ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397 NAME ADDRESS Harry Hosler (Plaintiff's father) 422 Mohawk Road Nancy Hosler (Plaintiff's mother) Newville, PA 17241 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Father can provide a better physical environment for his children that they are used to; B. Father has more quality time available to spend with his children at the present time; and C. Minor children wish to spend more time with their father at this critical time in their lives. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene: NAME None ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests the Court to grant both legal and primary residential custody of the minor children to the Plaintiff. WEIGLE & ASSOCIATES, P.C. By: ?? C. (Il! L?/ 1 Jerry A, Weigle, Esquire Mtorney for Plaintiff I.D.# 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. Dated: Benja rim G. Hosler WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257 139 9 <'_, r?,l .. 4, i '_? ?`i ? f 7 ? , ?^ ? C r . C yG _ .. th ?` _.n . . ` . ( ... ?; . ? T? _. _ C;? f.i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN G. HOSLER, CIVIL ACTION - LAW Plaintiff, V NO. ERIN R. HOSLER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Benjamin G. Hosler, presently residing at 49 Mountain View Terrace, Newville, Upper Frankford Township, Cumberland County, Pennsylvania 17241. 2. The Defendant is Erin R. Hosler, presently residing during each week at two (2) locations: one at 1066 Centerville Road, Newville, Cumberland County Pennsylvania 17241, and the other with her boyfriend at 10 Pennsylvania Ave, Apartment #1, Newville, Pennsylvania 17241. 3. Plaintiff seeks custody of the following children: NAME Orian G. Hosler Saffron R. Hosler Savanna R. Hosler PRESENT RESIDENCE 1066 Centerville Road Cumberland County Newville, Pennsylvania 17241 1066 Centerville Road Newville, Pennsylvania 17241 AGE 9 years DOB: 10-11-1996 7 years (twins) DOB: 6-17-1998 The children were born outside the bonds of matrimony with parents later being married on September 11, 2001. The children are presently in the custody of Mother, who resides at 1066 Centerville Road, Newville, Cumberland County, Pennsylvania 17241, and 10 Pennsylvania Ave, Apt #1, Newville, Pennsylvania 17241. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATE Benjamin Hosler (father) 49 Mountain View Terrace August 1997 to Erin Hosler (mother) Cumberland County Oct. 2005 Newville, PA 17241 WEIGLE 9 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN.SBURG, PA 172571399 Benjamin Hosler 49 Mountain View Terrace Oct 2005 to Newville, PA 17241 Present (WEEKENDS) Erin Hosler 1066 Centerville Road Oct. 2005 to Colleen Finn (Defendant's mother) Cumberland County Present Newville, PA 17241 (WEEKDAYS) AND John Perry (Defendant's boyfriend) 10 Pennsylvania Avenue Tyler Perry (boyfriend's son) Apartment #I Trevor Perry (boyfriend's son) Newville, PA 17241 The mother of the children is Erin R. Hosler, currently residing at 1066 Centerville Road, Cumberland County, Newville, Pennsylvania 17241, and 10 Pennsylvania Avenue, Apartment #1, Newville, Pennsylvania 17241. She is separated from her husband Benjamin G. Hosler, Plaintiff herein. The father of the children is Benjamin G. Hosler, currently residing at 49 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. He is separated from his wife, Erin R. Hosler, Defendant herein. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff' currently resides with the following persons: NAME RELATIONSHIP Self only 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Colleen Finn Defendant's mother John Perry Defendant's boyfriend Tyler Perry Defendant's boyfriend's son Trevor Perry Defendant's boyfriend's son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff knows of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WMGLE R A55OCIATES. P.C. - ATTORNEYS AT LAW -- 126 EAST KING STREET - SHIPPENSBVRG. PA 17257-1397 NAME ADDRESS Harry Hosier (Plaintiff's father) 422 Mohawk Road Nancy Hosler (Plaintiff's mother) Newville, PA 17241 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Father can provide a better physical environment for his children that they are used to; B. Father has more quality time available to spend with his children at the present time; and C. Minor children wish to spend more time with their father at this critical time in their lives. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene: NAME None ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests the Court to grant both legal and primary residential custody of the minor children to the Plaintiff. WEIGLE & ASSOCIATES, P.C. c A By: k A. Wei le, Esquire ey for Plaintiff 7 I.D.# 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4404, relating to unsworn falsification to authorities. iDated:/ Benjatrtm G. Hosler ?NG STREET - SHIPPENSBURG. PA 14257-1397 ,.. ?, _?,. _ _ _ , _. L ._. ;_ _ ` ? ? ?. - ?. - . _- ?. ' ??, ?, ?, ';?7 C? BENJAMIN G. HOSLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. ERIN R. HOSLER DEFENDANT 06-922 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 28,_2006 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 _Friday, March 31, 2006 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 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: /s/ _ Hubert X. Gilr gs_q, _ 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 oft-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 .n ?7 z: A/ RECEIVED APR 0 3 2[1^6 t t BENJAMIN G. HOSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ERIN R. HOSLER, NO. 06-922 Defendant IN CUSTODY COURT ORDER AND NOW, this ___.5A day of April, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Bejamin G. Hosler, and the mother, Erin R. Hosler, shall enjoy shared legal custody of Orian G. Hosler, born October 11, 1996, Saffron R. Hosler, born June 25, 1998 and Savanna R. Hosler, born June 25, 1998. 2. Physical custody shall be handled as follows: a. Mother shall enjoy physical custody during the weekdays except as set forth below. b. On the weekends, father shall have custody for three weekends out of four with mother having custody for the fourth weekend. Father's time shall be from Friday afternoon after school until Monday after school. c. Father shall also have custody of the minor children on one evening per week from approximately 4-8 with the option also available for father to have one additional evening on the week after the mother's weekend of custody. 3. The parties shall alternate or share major holidays with the children pursuant a schedule agreed upon by the parties. 4. Both parents shall also enjoy at least one week of vacation with the minor children, and each parent is required to give the other parent reasonable notice as to when they intend to take vacation. 5. The parties may modify this schedule as they agree. Absent an agreement between the parties to modify this schedule set forth above, this Order shall control. -., ?? u- l; ] ` <_:? __ - 6. In the event either party desires to modify this Order, that party may Petition the Court to have this case again scheduled with the Custody Conciliator for a conference. cc? e Adams, Esquire ry A. Weigle, Esquire ?ou BY THE COURT, BENJAMIN G. HOSLER, Plaintiff v ERIN R. HOSLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-922 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: 2. 3. DATE Orian G. Hosler, born October 11, 1996, Saffron R. Hosler, born June 25, 1998 and Savanna R. Hosler, born June 25, 1998. A Conciliation Conference was held on March 31, 2006, with the following individuals in attendance: The father, Benjamin G. Hosler, with his counsel, Jerry A. Weigle, Esquire, and the mother, Erin R. Hosler, with her counsel, Jane Adams, Esquire. The parties agree to the entry of an Order in the form as attached. 3 a? w F:\FILES\12672\12672.1.specrel.wpd/tde Created: 01/16/01 03:10:52 PM Revised: 07/06/07 02:56:04 PM BENJAMIN G. HOSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-922 CIVIL ACTION LAW ERIN R. HOSLER, Defendant/Petitioner IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Benjamin G. Hosler (hereinafter "Father"), by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and petitions the Court as follows: 1. Father and Erin R. Hosler (hereinafter "Mother") are husband and wife and the parents of Orian G. Hosler, born October 11, 1996, Saffron R. Hosler and Savanna R. Hosler, both born June 25, 1998. 2. Mother and Father separated on or about September 15, 2005. 3. The parties agreed to a Court Order for custody (attached hereto as Exhibit "A"), with Father generally having the children every three out of four weekends from Friday afternoon to Monday afternoon. 4. Mother lives with her boyfriend, John Perry, and his two children, Trevor and Tyler at 10 Pennsylvania Avenue, Apartment 1, Newville, Cumberland County, PA. 5. Father has grown increasingly worried about and concerned for the children's safety, well-being and emotional health because Mother's boyfriend physically and verbally abuses her in front of the children. 6. Father has been centrally involved in the children's lives and has seen changes in their behavior, emotional health and school work as a result of the abuse they witness at Mother's home. 7. Father believes there will be irreparable consequences if Mother continues to live with Mr. Perry while she has custody of the children. 8. Mother's living arrangements are not stable because she moves out for a few days every few weeks after an abusive incident and then moves back in. 9. Upon information and belief, Mother has filed several PFAs against Jon Perry and later withdrawn them to move back in with him. 10. Upon information and belief, on or about February 9, 2007 Mother was arrested for public drunkenness and possession of paraphernalia. The disposition of those charges are unknown to Father. 11. Father is requesting that the children be awarded to his custody until such time as Mother no longer lives with John Perry and that Mother may have visitation or partial custody of the children at such times when Mr. Perry is not present and not at his home. 12. Hubert X. Gilroy, Esquire was the prior Conciliator but cannot conciliate the matter as he and the undersigned are associated in the same firm. 13. The Honorable Wesley J. Oler, Jr. signed the prior Custody Order in this matter. 14. Counsel of record, Jane Adams, Esquire has been contacted regarding the filing of this Petition and is unable to concur because she is unsure whether she is still representing Mother. WHEREFORE, Father respectfully requests Your Honorable Court to issue an Interim Custody Order for the children, or in the alternative, order a prompt and expedited Conciliation Conference before Jacqueline M. Verney, Esquire, who has indicated she could get the parties in for an expedited conference. By Respectfully submitted, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Je*n E. Spears, Esquire Ten Cast High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Benjamin G. Hosler Date: July 6, 2007 V, CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Erin R. Hosler 10 Penn Avenue, Apt. 1 Newville, PA 17241 MARTSON LAW OFFICES /G? Shelly R. ooks \ Ten East igh Street Carlisle ^ 17013 (717) 243-3341 Dated: -?' 1 b 16D- fn Tt r BENJAMIN G. HOSLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIN R. HOSLER DEFENDANT 06-0922 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 06, 2007 , 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 Friday, July 20, 2007 at 1:30 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. 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: /s/ Jacqueline M. Verne 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 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 ! It :E 1-118 6- -;cif LODZ Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff/Petitioner BENJAMIN G. HOSLER, Plaintiff/Petitioner V. ERIN R. HOSLER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-922 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the attached Petition for Special Relief, it is hereby directed that the parties and their respective counsel appear before Jacqueline M. Verney, Esquire, the Conciliator, at on c? [0'-- , 2007, at 1: '3 0 R.m. 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 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: ls/ Jacqueline M. Verney. Esquire Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. w FTILEV2672112672.Lspecrel.wpd/tde ' Created: 01/16/0103:10:52 PM Revised: 07/06/07 02:56:04 PM BENJAMIN G. HOSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-922 CIVIL ACTION LAW ERIN R. HOSLER, Defendant/Petitioner IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Benjamin G. Hosler (hereinafter "Father"), by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and petitions the Court as follows: 1. Father and Erin R. Hosler (hereinafter "Mother") are husband and wife and the parents of Orian G. Hosler, born October 11, 1996, Saffron R. Hosler and Savanna R. Hosler, both born June 25, 1998. 2. Mother and Father separated on or about September 15, 2005. 3. The parties agreed to a Court Order for custody (attached hereto as Exhibit "A"), with Father generally having the children every three out of four weekends from Friday afternoon to Monday afternoon. 4. Mother lives with her boyfriend, John Perry, and his two children, Trevor and Tyler at 10 Pennsylvania Avenue, Apartment 1, Newville, Cumberland County, PA. 5. Father has grown increasingly worried about and concerned for the children's safety, well-being and emotional health because Mother's boyfriend physically and verbally abuses her in front of the children. 6. Father has been centrally involved in the children's lives and has seen changes in their behavior, emotional health and school work as a result of the abuse they witness at Mother's home. 7. Father believes there will be irreparable consequences if Mother continues to live with Mr. Perry while she has custody of the children. 8. Mother's living arrangements are not stable because she moves out for a few days every few weeks after an abusive incident and then moves back in. s 9. Upon information and belief, Mother has filed several PFAs against Jon Perry and later withdrawn them to move back in with him. 10. Upon information and belief, on or about February 9, 2007 Mother was arrested for public drunkenness and possession of paraphernalia. The disposition of those charges are unknown to Father. 11. Father is requesting that the children be awarded to his custody until such time as Mother no longer lives with John Perry and that Mother may have visitation or partial custody of the children at such times when Mr. Perry is not present and not at his home. 12. Hubert X. Gilroy, Esquire was the prior Conciliator but cannot conciliate the matter as he and the undersigned are associated in the same firm. 13. The Honorable Wesley J. Oler, Jr. signed the prior Custody Order in this matter. 14. Counsel of record, Jane Adams, Esquire has been contacted regarding the filing of this Petition and is unable to concur because she is unsure whether she is still representing Mother. WHEREFORE, Father respectfully requests Your Honorable Court to issue an Interim Custody Order for the children, or in the alternative, order a prompt and expedited Conciliation Conference before Jacqueline M. Verney, Esquire, who has indicated she could get the parties in for an expedited conference. Respectfully submitted, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER By Jejm E. Spears, Esquire Ten last High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Benjamin G. Hosler Date: July 6, 2007 VERIFICATION The foregoing Petition for Special Relief 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 document and to the extent that it 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 F: \FILES\ l 2672\1 2672.1. specrel. wpd h CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Erin R. Hosler 10 Penn Avenue, Apt. 1 Newville, PA 17241 MARTSON LAW OFFICES lG? Shelly R. ooks \ Ten East igh Street Carlisle A 17013 (717) 243-3341 Dated: -?' b l 44 lJ` .C` ? ? f W ITI 1 O W ti .n ic) JUL 2 3 2007,ofy BENJAMIN G. HOSLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0922 CIVIL ACTION - LAW ERIN R. HOSLER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this V-1 kay of _ , , 2007, upon consideration of the attached Custody Conciliation e rt, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the -;P9A day of 2007, at /3y o'clock, -f . M., at which time testimony will be taken. For purposes of this Hearing, the Father 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated April 5, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: J ' er Spears, Esquire, counsel for Father rin R. Hosler, pro se 10 Pennsylvania Avenue Apt. 1 Newville, PA 17241 clel/ ZIZI BY THE COURT, f?% e LUZ JUL 2 3 2007 BENJAMIN G. HOSLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-0922 CIVIL ACTION - LAW ERIN R. HOSLER, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Orian G. Hosler October 11, 1996 Mother Saffron R. Hosler June 25, 1998 Mother Savanna R. Hosler June 25, 1998 Mother 2. A Conciliation Conference was held July 20, 2007 with the following individuals in attendance: The Father, Benjamin G. Hosler, with his counsel, Jennifer Spears, Esquire, and the Mother, Erin R. Hosler, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated April 5, 2006 providing for shared legal custody, Mother having primary physical custody and Father having three out of four weekends, Friday to Monday, and one evening during the weeks that Father has weekend custody and two evenings during the weeks that Father does not have weekend custody. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having physical custody of the children only when Mother's boyfriend is not in the household. Father asserts that Mother lives with an abusive boyfriend and his presence in the household is not good for the children. Father asserts that Mother tells the children they are not allowed to tell him what occurs in Mother's household. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She denies that her boyfriend is abusive. She asserts that the children want to continue the current custody schedule. 6. 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. 7JW -o'7 ?,? h, vk Date acq eline M. Verney, Esquire Custody Conciliator 0 U BENJAMIN G. HOSLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-0922 CIVIL TERM ERIN R. HOSLER, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Erin Hosler, in the above captioned case. Respectfully submitted, Je sica olst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 10 • g • V?- A .. I BENJAMIN G. HOSLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-0922 CIVIL TERM ERIN R. HOSLER, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Erin Hosler, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Jennifer L. Spears, Esquire 10 West High Street Carlisle, PA 17013 Date: (0, 9' Cr} Je ca Holst, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 rv ? c UC O C-aFr 7 7 cn ` i BENJAMIN G. HOSLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 06-922 CIVIL TERM ERIN R. HOSLER, Defendant IN CUSTODY IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 29th day of October, 2007, upon consideration of Plaintiff's Complaint for Custody in the above-captioned matter, and pursuant to an agreement reached between counsel for the Plaintiff in the person of Jennifer L. Spears, Esquire, and counsel for Defendant in the person of Jessica Holst, Esquire, the hearing in this matter is continued until Thursday, January 17, 2008, at 1:30 p.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the hearing as rescheduled, and pursuant to further agreement of counsel with respect to custody of the parties' children, Orian G. Hosler (d.o.b. October 11, 1996), and Saffron R. Hosler and Savanna R. Hosler (d.o.b. June 25, 1998), it is ordered and directed as follows: 1. The parties shall enjoy shared legal custody of the children; 2. The parties shall share physical custody of the children on a week-on, week-off basis; 3. The parties shall ensure that there is no fighting, either physical or verbal, or altercations in front of the children or when the children are within earshot; 4. There shall be no drug use, possession of drugs or paraphernalia in the homes or in front of the children; 5. Mother agrees to attend family counseling >-- e LL. V (-j f l 1< -' with her boyfriend, John Perry, and domestic violence counseling; 6. Mother's boyfriend, John Perry, has agreed to attend anger management counseling; 7. The counseling appointments shall be scheduled by Friday, November 2nd; 8. Mother will contact Parent Works to determine if their program is appropriate to address the concerns that have been raised by father; 9. Counsel for the parties will prepare a joint letter to all counselors involved describing the issues to be addressed; and 10. Violation or failure to comply with any of these shall be grounds for an immediate hearing upon motion of either party. By the Court, r J. Res ey 0 er Jr., J. 1 Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 For Plaintiff Jessica Hoist, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 For Defendant :mae ?0 t ?.S ew.,LL S BENJAMIN G. HOSLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ERIN R. HOSLER, Defendant NO. 06-922 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 17'h day of January, 2008, upon consideration of the attached letter from Jennifer L. Spears, Esq., attorney for Plaintiff, the hearing scheduled for January 17, 2008, is continued generally, and the prior order entered in this matter on October 29, 2007, shall remain in full force and effect. BY THE COURT, Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Jessica Holst, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Defendant J. esley Ole Rr.,J' 00 F i ens 41:2 ILL ///0/08 *'il? rc MARTSON LAW OFFICES PAGE 02/02 01/16/2008 16:30 717-243-1850 .v MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MIAJTS ON Wxiu4M R MARTSON bAvID A. Frrni mONS JOHN B. FowLER III CHRLSrOPHER E. RICE LAW OFFICES DANmL K. DBA=mn 3E4NVn L. SPEARS THOMAS J. Wrta lAm* SI rH T. Moser IVO V. orro III TRuDY E. Fam vGBR 10 EAST HIGH STREET UHERT X GuatOY I{ATIE J. 1VIAxwBIL I3 ;, PENNSYLVANIA 17013 CARLISLE GEORGE B. FALLER JR.* TazPHONE ('717) 243-3341 *BOA" Ctxnnw CIM TWAL Spxa#, ST FAtsimTLE (717) 243-1850 INTERNET W WW.mutsoiilm.com January 16, 2008 Via Facsmile to 717-240-6462 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse Hanover and•High Streets Carlisle, PA 17013 RE Benjamin G. Hosler v. Erin R. Hosier Our File No. 12672.1 Dear Judge Oler: This letter is to inform you that the parties in the above-.referenced case are mutually requesting that the hearing scheduled for Thursday, January 17, 2008 at 1:30 p.m. be continued generally; and the prior Order remain in effect. Thank you for your attention to this matter: Very truly yours, MARTSON LAW OFFICE Jemifex L. Spears cc: Jessica Halt; Esquire (via facsimile 243.8026) Mr. Benjamin Hosler F RLES1Cheeu1126"2 WALE 7672.l.jol.wpd - - INFORMATION • ADVICE • ADvoCACY sM