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HomeMy WebLinkAbout02-1790CAROL L. HOCKENBERRY, Plaintiff WAYNE D. HARDY, Defendant :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA . :NO. 02- il ~ ~) CIVIL TERM : :CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Carol L. Hockenberry, residing at 81 Country View Estates, Newville, Cumberland County, Pennsylvania. 2. The defendant is Wayne D. Hardy, residing at 6800 Cannery Road, Spring Grove, York County, Pennsylvania. 3. The plaintiff seeks custody of the following children: manle Wayne D. Mitchell Tyler A. Hardy Present Residence 6800 Cannery Road Spring Grove, PA 6800 Cannery Road Spring Grove, PA Age 10; DOB 11/29191 6; DOB 2/5/96 The children were bom out of wedlock. The children are presently in the custody of Wayne D. Hardy, who resides a! 6800 Cannery Road, Spring Grove, York County, Pennsylvania. During the past five years, the children have resided with the following pe(sons and at the following addresses: Name Wayne Hardy, Kathy (last name unknown), Alyssa Hardy, and paramour's mother, Kathy (last name unknown). Address 6800 Cannery Road Spring Grove, PA Date April 8i 2002 -present Carol L. Hockenberry, Samuel Hockenberry, Dakota Hockenberry, Jordan Hockenberry Carol L. Hockenberry, Richard Mitchell (her father) Wayne Hardy, Carol Hockenberry, 81 Country View Estates Newville, PA 2 Midland Road Newville, PA Feb. 1998¢April 7, 2002 January !998 28 Evandale Court 1997 Carlisle, PA The mother of the children is Carol L. Hockenberry, currently residing at 81 Country View Estates, Newville, Pennsylvania. She is married. The father of the children is Wayne D. Hardy, currently residing at 6800 2ountry View Estates, Newville, Pennsylvania. He is single. 4. The relationship ofplaintiffto the children is that of mother. The plaintiff currently is residing at 81 Country View Estates, Newville, Pepnsylvania. 5. The relationship of defendant to the children is that of father, i The defendant is believed to be currently residing with the following perso~ts: Nanle Kathy (last name unknown) Kathy (last name unknown) Wayne Mitchell Tyler Hardy Alyssa Hardy Relationship Defendant's girlfriend i Defendant's girlfriend's mother son son daughter 6. The 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. 7. The plaintiffhas no infomiation ora custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know 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 toI the children. 9. The best interest and pemianent welfare of the children will be served b! granting the relief requested for reasons including the following: 10. Each parent whose parental rights to the children have not been terminated of the plaintiff's knowledge, the person who has physical custody of the children h~ as parties to this action. The plaintiff/mother has been the primary caregiver of the children si ace birth and it is not in the best interests of the children to be separated from their ] nother. The defendant/father has not expressed an interest in the care and up ~ringing of the children and has only visited the children sporadically. The father does not provide a stable environment for the children. The father has been involved with the criminal court system. The father, during a scheduled visit, did not return the children tO the care and custody of the mother. The mother was not notified until the next dap that the father was going to keep the children. The father enrolled the children in a, .ifferent school district without mother's consent and against the best interest of th{: children. and, to the best [ye been named WHEREFORE, the plaintiff requests this Court to grant primary physical Custody of the children to her with partial physical custody in the defendant at times to be agreed upon at the conciliation. Respectfully submitted, Joan Care y, AP~acmey for Plain-tiff D~LL~pez, Attom&ff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Carol L. Hockenberry, verifies that the statemegts made in the above Complaint for Custody are true and correct. Plaintiff understands that fal~e statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom f~lsification to authorities. Date: Carol L. Hoe~kenberry I CAROL L. HOCKENBERRY PLAINTIFF V. WAYNE D. HARDY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-1790 CIVIL ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, April 17, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 15, 2002 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. 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/ Iacaueline M. Vernev. Esa. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166