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HomeMy WebLinkAbout01-06238 , CINDY E. HOLTZMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6238 CIVIL ACTION LAW THOMAS 1. HOLTZMAN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 07, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Snite 105, Camp Hill, PA 17011 on Tuesday, December 04, 2001 at 11:00 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: Isl Melissa P. Greevy. Esq. 6Y'^- 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 HA VB 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 :A%l~~j!,~, ;;1" "',. . ~",^" 'r, ~ r ~~.~" .. .__. ~ Tt'iij,j%~~,~ill1:""li8J;~"if&!'-",Sk1lf.;iL4lu..:i::..M;w;J;,"'E~~~hk.,!N\-l!,J~',';W'.il,,<i',;,'~" "',~~j,'~'",k;~",,"~'l'i'-05'N~H"'51;il~J-~~~~~""~ ,~,:",! ~" ,~'" ,-",JL'l;"";-'''''O'-,"",Y.'~~Fl''''''-~'-'''''~~~ _'I!"~"_',\",''''=-''~' ,"',~';";,"""', , Ifg-()f If "71 ~! Jr-frJl "" ,." ^~~ "-~" 1.'~!*(\w.ii'M~hili,,[;l!l;i~' '-' ,,' ,- - - .~~~'I~'J1i!t!1itl 1iIkL. fl9 S':::J ;',.:,I:;rlJ~Y n 1 ~'r~!! (' ,-~~~L'I-0 p;:~ '1. ,.., ('\ , Ii /," -ie ("UI~f.;:';J"L." ,-,', :,--, ',- V .1,1.Jl..II' """,' ?,,',!r\ffil [)r-' jl-.;'.:;";:" \...A.)Ui'll i j-ci\l\':JYI' \/l"Ii\ltC\ ..~r ", w~~~4~ f/l~~ ~~ t&;y~~4~ ~ ,",,-,~ , ~_. < CINDY E. HOLTZMAN, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 01-'-:2 37 CIVIL TERM THOMAS J. HOLTZMAN, JR., IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the _ day of ,2001, at _ _.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 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. BY THE COURT: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 , --',,",,""I'l7 , ,~";,";T~'!,>,,",%~:;,,->,,,,,,,~,, '?--""~'__C: ,,~,'-")':~',"::~l ~'\"; ~: /7"c,_' -'-'",0- ,y -r,-,''1''";,,,~ !.,,- ''=''.' , ~, ,', ~ , ~ .~ ~~ V8. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER 01- (, 2 3 g CW:.J! T t.v- CUSTODY CINDY E. HOLTZMAN, Plaintiff THOMAS J. HOLTZMAN, JR., Defendant COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, CINDY E. HOLTZMAN, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is CINDY E. HOLTZMAN, who currently resides at 506 Louisa Lane, Mechanicsburg, County of Cumberland, Pennsylvania. 2. Defendant is THOMAS J. HOLTZMAN, JR., who currently resides at 15 George Street, Mechanicsburg, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of shared physical custody with respect to TROY THOMAS HOLTZMAN, born July 26,1991; and LANCE ROBERT HOLTZMAN, born October 1, 1992. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, CINDY E. HOLTZMAN and THOMAS J. HOLTZMAN, JR. During the past five years the children have resided with the following persons and at the following addresses: From October, 1996, until October, 2001, with both parents at 15 George Street, Harrisburg, Pennsylvania; from October 14, 2001, until the present with Plaintiff at 506 Louisa Lane , Mechanicsburg, Pennsylvania. - '>"'!',~,,1:-:- ,", """"--;~'~"C"""> ., ',"" 'r,,-,';~,'~~C ,'c_ ',_I'''''':' ':.," ,,0 _ cl_._,H c,~",~,,-,~,r',~'__^__ ~'V - t--, "- The mother of the children is CINDY E. HOLTZMAN, who currently resides at 506 Louisa Lane, Mechanicsburg, Pennsylvania. She is married. The father of the children is THOMAS J. HOLTZMAN, JR., who currently resides at 15 George Street, Mechanicsburg, County of Dauphin, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with the children on a shared custody basis. 5. The relationship of the Defendant to the children is that of father. He currently resides with the children on a shared custody basis. 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming shared custody in Plaintiff and Defendant. "'"'~l", ,',. '-J!, ,':V'!e". -"', ;:"~,}"",,, ~~,":-"',~:":1,~:S''-''"" __ _ ", 'I' ',~ \1 " " ''''''''',_. ~~'" wr.e,"" -I' ~.'- ,,'"-','.'" """, ,,' f" '~1""",w_" , ~'" 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. WHEREFORE, Plaintiff requests the Court enter an Order confirming shared custody in Plaintiff and Defendant. Respectfully submitted, ~~t,<r~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff -'<Wl'Ef1i'ffl.nT.!l'ilI',J", "-:"';"i~,t;"5:'';" ';'it"jJ, "".-:",c""!""c,,t:''r'''"''': 'J,' ~ ., I-'~' "oS";' "'''''';'-''__'',''.,?""" "'1 ,--~ " , , ;t-~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 10 31 -aob I DA E {ll~4f fi tWf~ CINDY E. LTZMAN 'J~,^" ," "'< ";",,,,~,,,,,:,,<",:,,,,,,,:,,,,'~'''"'-' ".,,-~, '''''J~'o'<;'T: ," 'I' '~, . ,-!.,1",,';' - '""7 __," --'"::' r(~-' -",","', " "P '~', ':' ~", '," , "___'~'"C""; l' " --,,,. ,_~<~o ~,,, '-''- ;";-,,,,s:,_.~.,,"-', ,""'-=;" =""'..""....,""',". '-'"1ii1Cijru1fi"'r<~e:'~", fttj ~ (') I,::~::,. ~ 5~;"' ,C:;l iJC;-' ,""-) ; ft",. ....H~ ~ ~ 2:,:~_1 Cc) 2'C" G,,:! --'~': ->, .''----- r:~ \~... oS 0,., ~ '" ~f~ ~ "'" " g S? "-i ~ ~ Z ):;;- .:,.,) ::u -..:, ~ :< -< i """!",_'" ~ 'o. " ., ';~"~-" .- '-<,,'Q',""r ,,' -.<'-"" ,r,.. ~ ,',_c" ''- ' ""'" _?:~"!Il.,,i~: . ~Jl1lJJJ::'l )U~JA:~, " ',..'_ _.,J1~lf.~~rfll1\~r~:""" t:: ,~ r 'I'-'f.""'''"'*-''"''' ," DEe m001 CINDY E. HOLTZMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 01-6238 CIVIL TERM THOMAS J. HOLTZMAN, JR., Defendant CUSTODY ORDER OF COURT AND NOW, this Zt. day of :)", t- , 2001, upon consideration of the within Stipulation, IT IS HEREBY ORDERED AS FOLLOWS: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day- to-day decisions shall be the responsibility of the party then having physical .' ~ " . ~', . . ,. -~ ." custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. The parties will share joint physical custody of the subject minor children on a weekly basis with the exchange time being Saturday at 9:00 A.M. 3. During Mother's custodial period, she will drop the children off each school morning at their father's house and pick them up there after school. 4. In the event that one party or the other is unable to care for the children during their period of physical custody, they would provide the other party with the right of first refusal with respect to childcare before seeking a third party provider. 5. The parties agree to alternate the following major holidays: New Year's Day, Memorial Day, Fourth of July and Labor Day. Defendant would have New Year's Day and the Fourth of July in even numbered years, and Plaintiff would have those dates in odd numbered years. Defendant would have Memorial Day and Labor Day in odd numbered years and Plaintiff would have Memorial Day and Labor Day in even numbered years. ')'"..>K~""~' ~, "'. "',. -- ",--,' ","""'~~'" ,,~,.. ,--I'"!'.--- I~,,:.' ,- '" 6. The children will spend Mother's day with Mother and Father's day with Father, from 9:00 A.M. until 8:00 P.M. 7. Mother will have the children from 9:00 A.M. unti12:00 P.M. on Thanksgiving Day and Father will have the children from 2:00 P.M. until 8:00 P.M. 8. Father will have the children from Christmas Eve at noon until Christmas Day at 10:00 A.M. Mother will have the children Christmas Day at 10:00 A.M. until December 26, at 10:00 A.M. 9. Each party is entitled to two weeks' vacation (14 consecutive days) each year with the children. The party requesting this time will provide the other party with at least thirty (30) days' notice of his or her intent to utilize this time. 10. Father agrees to pay to Mother the sum of $300.00 per month for child support, payable on the third day of each month. If Father fails to make one payment, Mother will seek the assistance of Cumberland County Domestic Relations Office to enforce this Order. 11. Both parties have agreed to exercise discretion and not to introduce the children to the parties' romantic interests of the opposite sex for at least six months to give the children their best chance at adapting to this new situation. .~~ ~~D\ \)').:.1 BY THE cou;~ J. "~'~~~"~ ,," ,'. . o "e"'" '"' _, ~,,~,". 'o",~ <'I' ~ " , . ~:' r ' I "", ". , >- -:r- C ::? U~e f-2 Z WJQ -, ~< fE~~ ;a: Qs '-' oc:~ Q. ,...:~ ":;2 ,.1.", ~. - t4b.- C'";l ",?t./) ,.1:? CL~ W '~:z: ,.. w ffiu: C LL ;e 0 a ::;) 0 , ""~,,,IH"W .' """," ",d " ,.,JIJ~ '.',t ~ -- '-~~. ,~-~ .'~ -''> ,~~ ~~,""VJl}'~~~"!fmj~~~'1C~~~~Ill!~~t~LffiJ];q3!~!1~r;,'c,~,_,,~'~'_'; "..w~ " ,'O)J.,5I!"~'I'l.'1-'il"I!~~ < n CINDY E. HOLTZMAN, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 01-6238 CIVIL TERM THOMAS J. HOLTZMAN, JR., Defendant CUSTODY STIPULATION AGREEMENT, made this day of December, 2001, by and between THOMAS J. HOLTZMAN, JR., hereinafter referred to as "Father," and CINDY E. HOLTZMAN, hereinafter referred to as "Mother." WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, TROY THOMAS HOLTZMAN, born July 26, 1991, and LANCE ROBERT HOLTZMAN, born October 1, 1992; and WHEREAS, the parties have reached an agreement concerning the issues of custody and partial custody; and WHEREAS, the parties desire that this Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, it is hereby agreed as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of their minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the """'~'" __~,'e, "."" .,1 ,-,' ~,'",. """'" '.", ~~ ,"-U""".,,C;:;;,,"- < ,--< - -- " children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day- to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. The parties will share joint physical custody of the subject minor children on a weekly basis with the exchange time being Saturday at 9:00 A.M. 3. During Mother's custodial period, she will drop the children off each school morning at their father's house and pick them up there after school. ''';'--'i~':'i(''''''''!,,1~"~~~" ~ .~,~~.,... " _ , ~ "". ~ ~""",~ .' 4. In the event that one party or the other is unable to care for the children during their period of physical custody, they would provide the other party with the right of first refusal with respect to childcare before seeking a third party provider. 5. The parties agree to alternate the following major holidays: New Year's Day, Memorial Day, Fourth of July and Labor Day. Defendant would have New Year's Day and the Fourth of July in even numbered years, and Plaintiff would have those dates in odd numbered years. Defendant would have Memorial Day and Labor Day in odd numbered years and Plaintiff would have Memorial Day and Labor Day in even numbered years. 6. The children will spend Mother's day with Mother and Father's day with Father, from 9:00 A.M. until 8:00 P.M. 7. Mother will have the children from 9:00 A.M. until 2:00 P.M. on Thanksgiving Day and Father will have the children from 2:00 P.M. until 8:00 P.M. 8. Father will have the children from Christmas Eve at noon until Christmas Day at 10:00 A.M. Mother will have the children Christmas Day at 10:00 A.M. until December 26, at 10:00 A.M. 9. Each party is entitled to two weeks' vacation (14 consecutive days) each year with the children. The party requesting this time will provide the """'""C''"i''''''-","<1,~~ ~lr , -" ~~ ~ ,~ ~~ .." , other party with at least thirty (30) days' notice of his or her intent to utilize this time. 10. Father agrees to pay to Mother the sum of $300.00 per month for child support, payable on the third day of each month. If Father fails to make one payment, Mother will seek the assistance of Cumberland County Domestic Relations Office to enforce this Order. 11. Both parties have agreed to exercise discretion and not to introduce the children to the parties' romantic interests of the opposite sex for at least six months to give the children their best chance at adapting to this new situation. IN WITNESS WHEREOF, the parties have hereunto set their hands and official seals the day and year first above written. ~$/JJf-5r ~~.~ WITNESS ~"~ THOMAS J. OLTZMAN, JR. ~~~ (. ~-ym~ CINDY E. H LTZMAN ~'~''''''''='''i~~ ~"".,' ~,'~ t, , - .,.,....,. ,,<~ " """' ~^~ "",",,','.^ -" '-*",'''>-'''''~'.. "~ e, . '." '1, ',",,' CJ m V p C) ',n,' jS- C +- r':') jiI ,. .'-', ' +. p" 'I ., r ~ -:./ ' --~) -, :;7 *' c~ "~-< ~ .;- r:- :r) ~~ ~'v J "". >":;'-:, q, ):: i;;; '-'''; ,.J / ~~ ) ~"~:: IN ~<' I::::; :.l? ~- e~ D F-S WI ru;:m ~ ,;,lI'I-," '__'~'" .~.~~~,o~.,J..'1"~j~~~",.fi';~~'f,~l'f.fM~~,)1f*,M;'';'':)lj1il'?~W~~~~~~~~1~l!i1',n,[i.~.,:,,,,. .,!t~~lt~!k l'~ '~, ' Jsr,J l' '" 2~m Iv\-' \"'I,~tVJ ~ uul~ \ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6238 CINDY E. HOLTZMAN, vs. THOMAS J. HOLTZMAN, JR., Defendant CIVIL ACTION - LAW CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 4th day of January, 2002, the Conciliator, having granted a thirty-day Continuance on December 3, 2001, and having received no additional requests for a Custody Conciliation Conference, hereby relinquishes jurisdiction of the matter. :""""""-0"',_--\1''''''' " , ''"~:I . :'~r ",'~ ",'" I pc~" " , , ~-,~. ~ ~ 0 c' r-<' <::> ..r: ~ d. ) c t\ ~- <:!s. \ <>J G: - CJ ';r, ~ " . ", ~~JlIfJ.".- p'. :.T,,,.~ ,.= J. ""'1f"~"",,~_,,!i1! .~ '-'~'~'>>'"-' ~ ""^", 'W,.;u,,'~\;i'~"'~' ,. ,",;.~\,;-"""+,,"--:.,,.,^,",*,.. 111I". 'Illtir jSs $Jf '.~ 111""~_~f)!>:>"","~,,,R1lI)~i!!!tJl1'fI-'~wt>f.i;t"'N~""',;!';W{f"f:W""0'~',",~ilf!!l~~~m""",<};~J,,~,~,