Loading...
HomeMy WebLinkAbout03-2545JOHN A. SZCZYPTA, JR., Plaintiff V. JESSICA R. HOLLENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-,25-11< CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, John A. Szczypta, Jr., by his attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. 1. The Plaintiff is John A. Szczypta, Jr., an adult individual residing at 68 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Jessica R. (Szczypta) Hollenbaugh, an adult individual residing at 11 Robyn Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (2) minor children, namely Pierson Lee Szczypta, born January 19, 2000, and Huntier James Szczypta, born November 13, 2001. 4. The Plaintiff desires primary physical custody of the minor children, Pierson Lee Szczypta and Huntier James Szczypta, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. The parties live in the same mobile home development and Plaintiff is able to care for the children thus eliminating the need for daytime childcare. 5. The best interests and permanent welfare of the minor children requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, Plaintiff, John A. Szczypta, respectfully requests that he be awarded primary physical custody and shared legal custody of the minor children, Pierson Lee Szczypta and Huntier James Szczypta, as provided herein, with periods of temporary custody to Defendant as provided herein. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Marc s A. Mc 1gI-F,squire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: May 28, 2003 VERIFICATION The foregoing Complaint in Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. JOHN A. SZ TA, R. Date: MAY 28 , 2003 i? 1- ? ? cti; ? ? ? ` .. _ f J ? ? ,9 ? ^y, ? Yr _ . 'Z C ? ?b JOHN A. SZCZYPTA, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA R. HOLLENBAUGH 03-2545 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _ Friday June 06, 2003 , 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, July 17, 2003 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. psi Hubert z ilroy. Fcq C 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) 249-31.66 ?J 0 JOHN A. SZCZYPTA, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA R. HOLLENBAUGH, Defendant NO. 03-2545 CIVIL ACTION - LAW IN CUSTODY CUSTODY AGREEMENT WHEREAS, Jessica R. Hollenbaugh of 11 Robyn Drive, Newville, Cumberland County, Pennsylvania, 17241, hereinafter referred to as "MOTHER" and John A. Szczypta, Jr. of 68 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania, 17241, hereinafter referred to as "FATHER" are the natural parents of two (2) minor children, Pierson Lee Szczypta (D.O.B. 1/19/00) and Hunter James Szczypta (D.O.B. 11/13/01); and WHEREAS, FATHER and MOTHER desire to make arrangements for the custody and visitation of said children; and WHEREAS, both parties have been advised by counsel or have had the opportunity to so be advised by counsel; and WHEREAS, the parties intend to submit this Custody Agreement to the Court of appropriate jurisdiction for merger into a Court Order approving said Agreement; NOW, THEREFORE, it is hereby stipulated and agreed as follows: MOTHER and FATHER shall have shared legal custody of the minor children and shall consult with one another with respect to major decisions affecting the child, including medical, educational, and religious matters. 2. MOTHER and FATHER shall have shared primary physical custody of the minor children. 3. FATHER shall have physical custody of the minor children during the following times: (a) Every other Saturday commencing at 8:00 a.m. until he leaves for work commencing on the weekend of July 5, 2003. (b) Every Tuesday commencing at 6:45 a.m. through Thursday morning at 8:00 a.m. FATHER shall drop off the minor children at the daycare center on Thursday morning no later than 8:00 a.m. (c) FATHER shall have the children on Father's Day and MOTHER shall have the children on Mother's Day. This visitation shall be from 8:00 a.m. until 8:00 p.m. unless otherwise agreed by the parties. (d) The parties will alternate the following holidays from year to year: New Year's Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. In odd numbered years, FATHER shall have New Year's Day, Memorial Day, and Labor Day, and MOTHER. shall have Easter Sunday, Fourth of July, and Thanksgiving. In even numbered years, MOTHER shall have New Year's Day, Memorial Day, and Labor Day; and FATHER shall have Easter Sunday, Fourth of July, and Thanksgiving. The visitation on the designated holidays shall run from 8:00 a.m. to 8:00 p.m. unless otherwise agreed by the parties. (e) The Christmas holiday will be divided into two (2) segments. Segment A shall be from 12:00 p.m. (noon) on December 24 through 12:00 p.m. (noon) on December 25. Segment B shall be from 12:00 p.m. (noon) on December 25 -2- COMMONWEALTH OF PENNSYLVANIA COUNTY OF Personally appeared before me, a notary public, in and for said Commonwealth and County, the undersigned, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Custody Agreement are true and correct to the best of her knowledge, information, and belief. Sworn to and subscril7ed before me this n day of N 2003. L) . 1!? Notary Public HELEN B. Sffi7LENBERGEn District Justice 09-3-02 27 W. Big Spring Ave. Newville, PA 17241 My Commission Expires Jan. 2. 2006 L J r f !y) `i COMMONWEALTH OF PENNSYLVANIA COUNTY OF Personally appeared before me, a notary public, in and for said Commonwealth and County, the undersigned, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing Custody Agreement are true and correct to the best of his knowledge, information, and belief. John A. Szczypt , Jr. Sworn to and subscribgd before me this n_"day of _) 2003 4 0 ?4 Notary Public HELEN B. SHULENBERGER District Justice 09-3-02 27 W. Big Spring Ave Newville, PA 17241 !My Commission Expires Jan Z r,r; S m7t • l7 - _ ) ' . D C N S , r ? •J K A 0 4 2003 JOHN A. SZCZYPTA, JR., V. Plaintiff JESSICA R. HOLLENBAUGH, Defendant AND NOW, this day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2545 CIVIL ACTION - LAW IN CUSTODY O E 2003, upon review and consideration of the Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged, and incorporated herein as the Order of this Court. BY THE COURT: J. cc: even C. Courtney, Esquire P.O. Box 6280 Harrisburg, PA 17112 (717) 540-3900 cc: ?IGlarcus A. McKnight, III, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Rv Ro OS-0,5-CS A ? ? ,y?'P''ii"???? p a? ?,n??? ?l ; ? v`? ' 4 2003 JOHN A. SZCZYPTA, JR., AU Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v ' CIVIL ACTION - LAW JESSICA R. HOLLENBAUGH, Defendant : N0.2003-2545 CIVIL IN CUSTODY COURT ER AND NOW, this l? day of August, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy Custody Conciliat vn..,v, w JOHN A. SZCZYPTA, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-2545 JESSICA R. (HOLLENBAUGH) PALMER,: CIVIL ACTION - LAW Defendant, : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Based upon the recent marriage of the Defendant, please note for purposes of captioning, the change in the name of the Defendant, from Jessica R. Hollenbaugh to Jessica R. Palmer. DATE: u LEI61 FGffie6,C,quire T 41E SIAES S 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 FILED- DFRICE OF THE pR-)THPmoTARY 2009 OCT 30 AM 11: 17 CUIM -,-a i .,UlTY PEr`$NS'Ii -VAN A JOHN A. SZCZYPTA, JR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY PENNS)1PVA9 A ::; , ?? n vi. No. 03-2545 ,- t iZ w JESSICA R. (HOLLENBAUGH) PALMER,: CIVIL ACTION - LAW '- r f`l 7-1 Defendant, IN CUSTODY lC) '-C CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between John A. Szczypta, Jr., (hereinafter referred to as "Father") and Jessica R. (Hollenbaugh) Palmer, (hereinafter referred to as "Mother") WHEREAS, the parties are the natural parents of two children, namely Pierson Lee d? Szczypta, bor/nV V9, 2000, and Huntier James Szczypta, born November 13, 2001, (hereinafter referred to as "Children"); WHEREAS, the parties live separate and apart such that it is necessary to have a comprehensive Stipulation and Agreement, and resulting Order of Court, relative to the arrangements for custody of the children; and WHEREAS, the parties to wish to vacate the prior Order entered in this matter on August 5, 2003. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall have shared legal custody of the children. 2. The parties will share or divide physical or residential custody of the children such that Father shall have periods of partial physical or residential custody as follows: (A) During the school year, Father shall secure custody of the children every Thursday after school and shall return custody of the children to Mother as follows: (i) Every other weekend, the children shall be returned to Mother by 1:45 p.m. on Sundays; and (ii) During one of the other Thursday periods of physical custody when Father does not retain custody during the weekend, he shall return custody of the children to Mother after school on Friday; and (iii) During the remaining Thursday periods of physical custody when Father does not retain custody during the weekend, he shall return custody of the children to Mother at 9:00 p.m. on Friday. (B) During the Summer vacation months, Father shall secure custody of the children on Wednesday evening at approximately midnight on his way home from work and shall return custody of the children to Mother on alternating weeks at 1:45 p.m. on Sundays and, on the other alternating weeks shall return custody of the children to Mother at 3:30 p.m. on Friday. 3. Mother shall have physical custody of the children at all other times not otherwise set forth above. 4. The parties will alternate custody of the children on the following holidays: New Year's Day, Easter Sunday, Memorial Day, fourth of July, Labor Day and Thanksgiving day. The parties shall alternate custody of the children on the aforesaid holidays for the period from 8:00 a.m. until 8:00 p.m. unless otherwise agreed upon by the parties. In odd numbered years, Father shall have custody of the children on New Year's Day, Memorial Day and Labor Day and Mother shall have custody of the children on Easter Sunday, the Fourth of July and Thanksgiving day. In the even numbered years, Mother shall custody of the children on New Year's Day, Memorial Day and Labor Day and Father shall custody of the children on Easter Sunday, the Fourth of July and Thanksgiving day. 5. During the Christmas holiday season, the holiday shall be divided into two segments as follows: (A) The period from 1:00 p.m. on December 24th to 1:00 p.m. on December 251"; and (B) The period from 1:00 p.m. on December 25th to 1:00 p.m. on December 26t". In odd numbered years, Father shall have the first period set forth above and Mother shall have the second period and in even numbered years, Mother shall have the first period set forth above and Father shall have the second period. 6. Each party shall be entitled to two one-week (seven days) periods of vacation with the children each year. It is understood that these periods of vacation shall occur during the Summer vacation months unless otherwise agreed upon by the parties. It is further agreed that each party's seven-day period of vacation shall include their weekend period of custody of the children. Each party shall provide the other with sixty (60) days written notice of the intention to exercise their weeks of vacation pursuant to the terms of this paragraph. In the event the parties both give the required notice and there is a conflict in the weeks selected by the parties, Father's choice shall supersede Mother's choice in odd numbered years and Mother's choice shall supersede Father's choice in even numbered years. 7. Father shall be responsible for providing transportation for the children unless otherwise agreed upon by the parties. 8. Both parties shall be entitled to reasonable telephone contact with the children when they are not in their custody. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 10. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 11. During any period of custody or visitation, neither party shall possess or use any controlled substances, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 12. Both parties shall afford the other the first right of refusal in the event childcare is necessary for an extended period of time and where it is reasonable to do so. 13. The parties' prior Order entered in this matter, dated August 5, 2003, shall be vacated in its entirety and the instant Order shall be the sole Order controlling custody of the parties' children as their rights to custody as set forth herein. 14. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 16. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 17. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, continues to have jurisdiction over the issue of custody of the children in this case so that it is appropriate for the Court of Common Pleas of Cumberland County to enter further Order in this matter. The parties request this Stipulation and Agreement be entered as an Order of Court, thereby vacating the prior Order referenced above. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: :Date JOHN ZC TA, JR. rad r , E uire J SSICA R. PALMER COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On this, the t4 +k day of J Lt n u.C rt , 200, before me the undersigned officer, personally appeared JOHN A. SZCZYPTA, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Lj ow -a. I - - Notary Public PA 17241 E.".,t C M-n ?ca0:1 &P?1 sa January 2.,-20,12- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. On this, the .7 i?i day of J-1p a ot.&J? , 2009, before me the undersigned officer, personally appeared JESSICA R. PALMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public cl? d? ROSIN J. BAUM Notary 'ubft [4AMMUSONOW", CIS COMNi tton. ?Aw la. vol 1 JAN 2 0 2010C JOHN A. SZCZYPTA, JR., Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2545 JESSICA R. (HOLLENBAUGH) PALMER,: CIVIL ACTION - LAW Defendant, : IN CUSTODY ORDER OF COURT AND NOW this day of , 20?j the attached Custody Stipulation and Agreement is hereby made an Order of Court and all prior Orders are vacated. BY T UR J. John A. Szczypta, Jr., Pro Se radley L. Griffie, Esquire Attorney for Defendant 0- LCL //,;I- V -:1fVA Cr o -?? ra . , -ca 3