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HomeMy WebLinkAbout03-0308JOSEPH P. GARZA, VS. TIFFANY D. HOLLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION -- 1N CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, JOSEPH P. GARZA, by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The plaintiff is Joseph P. Garza, who currently resides at 615 Heritage Court, Mechanicsburg, PA, since January 2003. 2. The defendant is Tiffany D. Hollinger, who currently resides at 4 Marshall Drive, Mechanicsburg, Pennsylvania, since August 2001. 3. The above parties are the natural parents of three minor children: Yuri D. Hollinger, date of birth, March 16, 1999, Cole J. Hollinger, date of birth, July 1, 2002, and Nathaniel R. Hollinger, date of birth, July 1, 2002. The children were bom out of wedlock. 4. The children are currently in the care and custody of mother. 5. During the past five years, the children have resided with the following persons and at the following addresses: A. Tiffany D. Hollinger , 4 Marshall Drive, Mechanicsburg, PA 17055, since approximately January 12, 2003, through the present. B. Tiffany D. Hollinger and Joseph P. Garza, 4 Marshall Drive, Mechanicsburg, PA 17055, from August 2001 until approximately January 12, 2003. C. Tiffany D. Hollinger and Joseph P. Garza, 425 Haldeman Boulevard, New Cumberland, PA, from September of 2000 until August of 2001. D. Tiffany D. Hollinger and Joseph P. Garza, 124 E. High Street, Elizabethtown, PA, from March of 1999 until September of 2000. The mother of the children is Tiffany D. Hollinger, currently residing at 4 Marshall Drive, Mechanicsburg, Pennsylvania, 17055. She is not married. 7. The father of the children is Joseph P. Garza, currently residing at 615 Heritage Court, Mechanicsburg, PA 17050. He is not married. 8. The relationship of Plaintiff to the child is that of father. The father currently resides with his roommates, Cheryl Smith and James Smith. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or in other courts. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children will be served by granting the plaintiff shared legal and physical custody because: A. It is in the best interests of the children to maintain a good, meaningful relationship with both parents and a regular schedule of contact with father is necessary to accomplish this. B. And any other reasons which may fully appear at conference. 12. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the Court enter an Order granting shared legal and physical custody of the children to plaintiff and defendant. Respectfully submitted, Date: t ~151o3 By: Br'/~nnick, Esquire WILl. LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #78413 VERIFICATION I, Joseph P. Garza, verify that the statements made in the foregoing document 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. C.S. {}4904, relating to unswom falsification to authorities. Date: JOSEPH P. GARZ~ JOSEPH P. GARZA PLAINTIFF TIFFANY D. HOLLINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-308 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 24, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Yerney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 18, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in ~ispute; 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 fbr 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/ _~acqueline 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 facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All mTangements 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 TttlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ITIE 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 JAN 3 1 zn Q3 JOSEPH P. GARZA, Plaintiff TIFFANY D. HOLLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-308 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 31 st day of January, 2003, the Conciliator being notified that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ffacqu~line M. Vemey, Esquire, Custqgly Conciliator