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Home My WebLink About06-3004 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA (Jr,,- 3C1tJ'I NO. Civil Term JESSICA HOSTETLER, Plaintiff RUSTY JAMES RIVERA, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTOPY 1. The Plaintiff is Jessica Hosteder, who currendy resides at 13 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Rusty James Rivera, who currently resides at 17 South Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff seeks custody of the following child: Name: Address: DOB: Rusty James Rivera, Jr. 13 Shirley Lane, Boiling Springs, P A 17007 December 16, 2001 4. Rusty was born out of wedlock. 5. The child is presently in the primary custody of Jessica Hostetler, 13 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Jessica Hostetler, Sally Henk and Michael Henk Address 13 Shirley Lane Bpiling Springs, P A 17007 17 W. Williams" Drive 8/04 to 4/05 Danville, IL 3136 Cobblestone Lane 5/03 to 8/04 Danville, IL Date 4/2005 to present ~ Jessica Hosteder and Grandmother Jessica Hosteder Jessica Hosteder and Sally Hostetler Jessica Hosteder, James Hostetler, Eileen Hosteder, Aaron Hosteder and Courtney Hosteder Jessica Hosteder and Sally Hostetler 3124 Brookstone Drive 2/03 to 5/03 Danville, IL V anous addres~es tn Summer 02 to 2/03 Sarasota, FL 3124 Brookstone Drive Birth to Summer 2002 Danville, IL 7. The mother of the child is Jessica Hostetler, whol currently resides at 13 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 8. The father of the child is Rusty James Rivera, I who currently resides at 17 South i Locust Lane, Mechanicsburg, Cumberland County, Penn~ylvania. 9. The mother of the child is not married. 10. The father of the child is not married. 11. The relationship of Plaintiff to the child is that of'Mother. 12. The relationship of Defendant to the child is that of Father. 13. The 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 any other court. 14. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. The 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 o~ visitation rights with respect to the I child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiv~r of the minor child since his birth. She has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed thei child; 111. Purchased, cleaned and cared for the child's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; VI. Put the child to bed nightly, attepded the child in the middle of the night, and awakened the child in the mOrlung. b. The child has a psychological bond with tihe Mother. c. Mother is able to provide a stable enviro9ment for the child. , 17. Each parent whose parental rights to the child have not been temtinated has been named as parties to this action. , WHEREFORE, the Plaintiff requests that This Hondrable Court grant primary physical custody of the child to the Plaintiff/Mother. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE D5( 23(D& Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249.0900 Attorney for Plaintiff I I VERIFICATION I, Jessica Hostetler, verify that the statements made in this Custody Complaint 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.e.S. $ 4904 relating to unsworn falsification to authorities. Date: ;ffbfj r26, iKJO ro /2(l~4Q{A ~d Je~a Hostetler , CERTIFICATE OF SERVI(:~ AND NOW, this Z3r~ of May, 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and corjoect copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following! I Rusty James Rivera I 17 South Locust Lane I Mechanicsburg, PA 17054 I RespectfuUy submitted, ABOM & KUTULAKIS, L.L.P. ~}~" - ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249.0900 Attorney for Plaintiff ~~~ ~;1 ...N ::L~::' ~ ~ (') ~;; 2Dr~' ~ ('. C"l ~ ~ = ,-:1'"" -;:::!;';. '%;:'2 ~ -< N ""'S'fT1 :','9 ..,.. ':'~)C' "'" ~)--'(, ~"-:::.:D ~, ~7C) -- .".,.m ':? :~ ,~ U1 ~ - ~ JESSICA HOSTETLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 06-3004 CIVIL ACTION LAW RUSTY JAMES RIVERA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 02, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 06, 2006 , the conciliator, at 10:30 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 hearin2. FOR THE COURT. By: /s/ Hubert X Gilrov. Esq. Custody Conciliator YJ" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 170 13 Telephone (7 I 7) 249-3166 .~~~ ~~~ ~.C'.#/ ~,~ ~~ ??zt ~o-e.~ ~iff~~~-~ 1(.7-CO-? .... 20 :S ~id 2- Nnf 900l AtNlOI,;U,11UUd 31-11 :10 381:bO-1131Ij . RECEIVED AUG 1 8 2006 Y: 3 . JESSICA HOSTETLER, Plaintift' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-3004 CIVIL ACTION - LAW RUSTY JAMES RIVERA, Defendant IN CUSTODY COURT ORDER AND NOW, this tiel ~ day of August, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as foUows: 1. The Mother, Jessica Hostetler, and the Father, Rusty James Rivera, shall enjoy shared legal custody of Rusty James Rivera, Jr., born December 16, 2001. 2. The Mother shaD enjoy primary physical custody of the minor child. 3. The Father shaD enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Saturday at 8:00 a.m. until Monday at 7:00 p.m. B. On the other two Mondays which are not included in Father's weekends, Father shaD have custody from noon until 7:00 p.m. C. At such other times as agreed upon by the parties. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Thursday, November 2, 2006 at 8:00 a.m. At that time the parties will review the status of the custody Order and determine if there are any changes that need to be made. Cc: Judge l;1iNVr\lASNN.:Jd I I Nn,,(', .'1' '"n, ;~qr^'n'" N....f ,~" ,. '" ",~.v~ v '12:( I-Id '12 srW900l AtlV10NOH10Cid 3Hl ::lO 3C)ljjQ-{]311::1 . . JESSICA HOSTETLER, Plaintift' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-3004 CML ACTION - LAW RUSTY JAMES RIVERA, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the foUowing report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as foUows: Rusty James Rivera, Jr. born December 16, 2001 2. A Conciliation Conference was held on August 18, 2006 with the following individuals in attendance: The Mother, Jessica Hostetler, with her counsel, Kara Haggerty, Esquire The Father, Rusty James Rivera, with his counsel, Melanie L. Erb, Esquire 3. The parties agreed to an entry of an Order in the form as attached. I>( Date: August flY" .2006