HomeMy WebLinkAbout03-3522
JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. o3-j5'.2.~
CIVIL ACTION - LAW
IN CUSTODY
TIFFANY DENISE HOLLINGER,
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is Joseph Philip Garza, who currendy resides at 346 E.
North Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Tiffany Denise Hollinger, who currendy resides at 217
Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. The Plaintiff seeks custody of the following children:
a. Yuri Dylan Hollinger, born March 16, 1999, who currendy resides at 217
Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania 17011;
b. Cole Joseph Hollinger, born July 1, 2002, who currendy resides at 217
Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania 17011;
c. Nathaniel Rain Hollinger, born July 1, 2002, who currendy resides at 217
Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
4. The children were born out of wedlock.
3
5. The children are presently in the custody of Tiffany Denise Hollinger,
who resides at 217 Green Lane Drive, Camp Hill, Cumberland County,
Pennsylvania.
6. During Yuri Dylan Hollinger's lifetime, he has resided with the following
persons and at the following addresses:
Plaintiff & Defendant; 3/1999 - 8/2000; East High Street, Elizabethtown, PA
Plaintiff & Defendant; 8/2000 - 6/2001; 425 Haldeman Blvd., New
Cumberland, P A
Plaintiff & Defendant; 6/2001 - 10/2002; 4 Marshall Drive, Apt. K-19, Camp
Hill, P A
Defendant; 10/2002 -1/2003; 4 Marshall Drive, Apt. K-19, Camp Hill, PA
Plaintiff & Defendant; 1/2003 - 3/9/2003; 4 Marshall Drive, Apt. K-19, Camp
Hill P A
,
Defendant and Defendant's parents, Tanya & Dennis Hollinger; 3/9/2003 -
present; 217 Green Lane Drive, Camp Hill, P A
7. During Nathaniel Rain Hollinger's and Cole Joseph Hollinger's lifetimes,
they have resided with the following persons and at the following addresses:
Plaintiff & Defendant; 7/2002 - 10/2002; 4 Marshall Drive, Apt. K-19, Camp
Hill, P A
Defendant; 10/2002 -1/2003; 4 Marshall Drive, Apt. K-19, Camp Hill, PA
Plaintiff & Defendant; 1/2003 - 3/9/2003; 4 Marshall Drive, Apt. K-19, Camp
Hill, P A
4
Defendant and Defendant's parents, Tanya & Dennis Hollinger; 3/9/2003 -
present; 217 Green Lane Drive, Camp Hill, P A
8. The mother of the children is Tiffany Denise Hollinger, who currendy
resides at 217 Green Lane Drive, Camp Hill, P A.
9. Mother of the children, Tiffany Denise Hollinger, is not married.
10. The father of the children is Joseph Philip Garza, who currendy resides
at 346 E. North Street, Carlisle, PA.
11. Father of the children, Joseph Philip Garza, is not married.
12. The relationship of Plaintiff to the children is that of Father.
13. The relationship of Defendant to the children is that of Mother.
14. The Defendant currendy resides with the following persons: Tanya &
Dennis Hollinger, Maternal Grandparents
15. 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 any
other court.
16. The Plaintiff has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth.
17. 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 to the children.
5
18. The best interest and permanent welfare of the children will be served by
granting the relief requested for reasons including the following:
a. The Father has been a caregiver of the minor children since their
birth. He has:
1. Planned and prepared meals;
11. Bathed, groomed and dressed the children;
111. Purchased, cleaned and cared for the children's clothing;
lV. Attended trips to physicians in order to provide medical
care;
v. Arranged alternative daycare;
vi. Put the children to bed nighrly, attended the children in the
middle of the night, and awakened the children in the morning.
b. The Mother has restricted Father's time alone with the children.
c. The Mother has not allowed the Father to see the children since
their separation.
d. The children have a psychological bond with the Father and
access to the children is vital to maintaining the father! child relationship.
e. Father is able to provide a stable environment for the child.
6
19. Each parent whose parental rights to the children have not been
terminated has been named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court to grant pnmary
physical custody of the children to the Plaintiff/Father.
Respectfully submitted,
MOM & KUTULAKIS, L.L.P.
DATE '1- 2.'/ 0 oJ
~
Jas n P. Kutulakis
ID No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
7
CERTIFICATE OF SERVICE
AND NOW, this /1.Lf#.. day of ~
2003, I, Jason P. Kutulakis,
Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and
correct 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:
Joan Carey, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Glenn Zeider
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Respectfully submitted,
Abom & Kutulakis, L.L.P.
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JasO<l P. Kutulakis
ID No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiff
7
VERIFICATION
I, JOSEPH PHILIP GARZA, 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.C.S. ~ 4904 relating to unsworn falsification to authorities.
Date 7/~fl5
~~ rcr
JOSEPH PHILIP GARZA
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
NO. 0">:) S-;;r?-
JOSEPH PHILIP GARZA,
Plaintiff
TIFFANY DENISE HOLLINGER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW; this dL(Jl\ day of ~, 2003, upon consideration of the
attached Stipulation and upon agreement of the parties, it is hereby Ordered and
Directed as follows:
1. The parties are the natural parents of three minor children, Yuri Dylan
Hollinger, born March 16, 1999; Cole Joseph Hollinger, born July 1, 2002;
and Nathaniel Rain Hollinger, born July 1, 2002.
2. The parties shall share legal custody of the minor children.
3. Mother shall have primary physical custody of the parties' minor children.
4. Father shall have partial physical custody of the parties' minor children by
way of supervised visitation to occur at the YWCA or by a supervisor
mutually agreeable to the parties and at times mutually agreeable to the
parties.
5. This Court shall maintain jurisdiction over the issue of custody of the
parties minor children and shall retain such jurisdiction should
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circumstances change and either party desires further modification of said
Order.
6. This Order shall remain in effect until a Court Order is entered pursuant to
a custody conciliation conference to be held in the near future.
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLA~D COUNTY, PA
v.
NO.
TIFFANY DENISE HOLLINGER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
TEMPORARY CUSTODY STIPULATION AND AGREEMENT
AND NOW; this _ day of July, 2003, the parties, Joseph Philip Garza,
hereinafter referred to as "Father", and Tiffany Denise Hollinger, hereinafter referred
to as "Mother", stipulate to the following:
1. The parties are the natural parents of three minor children, Y uri Dylan
Hollinger, born March 16, 1999; Cole Joseph Hollinger, bom July 1,2002; and
Nathaniel Rain Hollinger, bomJuly 1, 2002.
2. The parties shall share legal custody of the minor children.
3. Mother shall have primary physical custody of the parties' minor children.
4. Father shall have partial physical custody of the parties' minor children by way
of supervised visitation to occur at the YWCA or by a supervisor mutually
agreeable to the parties and at times mutually agreeable to the parties.
5. The parties desire that this Stipulation be made an Order of Court through the
Court of Cornmon Pleas of Cumberland County, and further acknowledge that
the Court of Cornmon Pleas of Cumberland County has jurisdiction over the
issue of custody of the parties minor child and shall retain such jurisdiction
should circumstances change and either party desires further modification of
said Order.
6. This Agreement and Stipulation shall remain in effect until a Court Order is
entered pursuant to a custody conciliation conference to be held in the near
future.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
terms thereof, set forth their hands and seals the date and year herein set forth.
(~r1 t-;.{JRr"-,,,_ ~)
RE
~~~SEHOLUNGER
,~~~
JOSEPH PHIU GARZA
ON P. KUTULAKIS, ESQUIRE
JOSEPH PffiLIP GARZA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
03-3522 CIVIL ACTION LAW
TIFFANY DENISE HOLLINGER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, July 29, 2003
, upon consideration ofthe attached Complaint,
it is hereby directed that parties and their respective counsel appear before. Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thursday, AU2ust 28, 2003 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 defme 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; Isl
Hubert X. GilrOJl. Esq.
Custody Conciliator
l/
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 nIE 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) 249-3166
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OCT 0 3 2003 r./
JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 2003 - 3522 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ",... day of 0 ~ ,2003, upon consideration of
the attached Custody Conciliation Report, it is ordered and directed that this court's prior
order of July 24, 2003 is modified as follows:
1. Father's periods of temporary custody shall b{, as follows:
A. On Saturdays from 1:00 p.m. until 5:00 p.m. Father shall have
temporary custody of Yuri. On Sundays from 1:00 p.m. until 5:00
p.m. Father shall have temporary custody of Cole and Nathaniel. This
arrangement shall begin Saturday, September 20,2003.
2. Father shall contact Parentworks in New Cumberland to make arrangements
with respect to parent education program services to be provided to the
Father.
3. Father's periods of custody with the minor children shall be exercised at
Father's home and Father's mother shall be present at the home.
4. Father shall ensure that he has adequate child car seats for all three children.
5. For exchange of custody, Mother shall take the children to the Father's home
and pick the children up at the Father's home.
6. Prior to September 20, 2003 Mother may make arrangements to meet with the
Paternal Grandmother and to also inspect Father's home. She shall do so by
contacting the Father for arranging that meeting and inspection.
7. Legal counsel for the parties shall conduct another custody conciliation
conference with the conciliator via a telephone conference call on Thursday,
October 23, 2003 at 8:30 a.m.
BY JHE c~~;J
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Edward E. Guido
J.
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 2003 - 3522 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE ~TH THE CUMBERLAND COUNTY CI~L RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the children who are the subject of this
litigation is as follows:
Yuri Dylan Hollinger, born March 16, 1999; Cole Joseph Hollinger, born July 1,
2002; and Nathauiel Rain Hollinger, born July 1, 2002.
2. A Conciliation Conference was held on September 12, 2003, with the following
individuals in attendance:
The Father, Joseph Philip Garza, with his counsel, Jason P. Kutulakis, Esquire; and
the Mother, Tiffany Denise Hollinger, with her counsel, Joan E. Carey, Esquire.
3. The parties agree to the entry of an order in the form as attached.
(uhf oY
DATE
(})/sI---KI
Hubert X. Gilroy,
Custody Concilia r
/
NOV 0 3 Z003 \1
JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE ~OLLINGER,
Defendant
NO. 2003 - 3522 CIVIL
IN CUSTODY
COURT ORDER
! ~
AND NOW, thiS ;;rv day of
cJVf.
, 2003, the conciliator
having scheduled a t,lephone conference call with the attorneys for the parties and having
been advised that 40 further action needs to be taken on this case, the conciliator
relinquishes jurisdictipn.
BY THE COURT,
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Plaintiff
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IN THE COURT OF COMMON PL S OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 2003-3522 CIVIL
IN CUSTODY
COURT ORDER
;
AND NOW, this d'O day of January, 2004, upon consideration of the attached
Custody Conciliation report, it is ordered and directed that this courts prior orders of July
24, 2003 and October 7, 2003 shall remain in effect subject to the following modifications:
1. Father's periods of temporary custody shall be every Wednesday and Sunday from
9:00 a.m. until 6:00 p.m. Exchange of custody shall be either at a middle point
between the parents homes as agreed upon by the parents or shall be such that the
father shall pick up the children in the morning at 9:00 a.m. and mother shall pick
the children up at the fathers in the evening at 6:00 p.m.
2. Father shall work on making all necessary arrangements relative to handling the
minor children with respect to facilities within his home to care for the children.
3. Father shall complete the Parent Works program pursuant to the courts prior order.
4. Father shall cooperate in any counseling programs that involve any of the children,
and father shall ensure that the children shall attend those counseling sessions in the
event they are scheduled at times when father has custody.
5. The parties shall meet again with the custody conciliator for another custody
conciliation conference on March 25, 2004 at 8:30 a.m. It is anticipated at the next
custody conciliation conference that there will be a discussion relative to expanding
fathers periods of temporary custody to include over nights, subject, however, to the
living arrangements of the father and other issues that may develop prior to that
conciliation conference.
cc: /Jessica Diamondstone, Esquire
j'Kara Haggerty, Esquire
BY
Judge Edward E. Guido
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 2003 -3522 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITII TIlE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the children who are the subject of this
litigation is as follows:
Yuri Dylan Hollinger, born March 16, 1999; Cole Joseph Hollinger, born July 1,
2002; and Nathaniel Rain Hollinger, born July 1, 2002.
2. A Conciliation Conference was held on January 16, 2004, with the following
individuals in attendance:
The father, Joseph Philip Garza, with his attorney, Kara W. Haggerty, and the
mother, Tiffany Denise Hollinger, with her attorney, Jessica Diamondstone.
3. The parties agreed to the entry of an order and the fonn is attached.
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JOSEPH PHILIP GARZA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- LAW
TIFF ANY DENISE HOLLINGER
Defendant
: NO. 2003-3522 CIVIL
: IN CUSTODY
PRAECIPE TO WITHDRA W APPEARANCE
TO THE PROTHONOTARY:
Please \\ithdraw my appearance fur the Plaintiff, Joseph Philip Garza the above
captioned case.
Date: M&-
Kara Haggerty, Esqu' e
36 South Hanover S
Carlisle, PAl 7013
(717) 249-0900
Attorney for Plaintiff
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for the Plaintiff, Joseph Philip Garza the above captioned
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JOSEPH PHILIP GARZA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION- LAW
TIFFANY DENISE HOLLINGER
Defendant
: NO. 2003-3522 CIVIL
: IN CUSTODY
PETITION TO MODIFY CUSTODY
1. Petitioner is Joseph Philip Garza who resides at 36 East Locust Avenue, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Respondent is Tiffany Denise Hollinger who resided/resides at 217 Green Lane Drive,
Camp Hill, Cumberland County, Pennsylvania 17011.
3. On January 22, 2004, the Honorable Judge Guido entered the Custody Order attached as
Exhibit "A".
4. Since the entry of said Order, there has been a significant change in circumstances in that:
a. Petitioner's current scheduled days off work have changed and do not correspond
with the Order.
b. Petitioner wishes to see his children on holidays, birthdays and schedule vacations
with the children. The current order does not address any of the above.
5. The best interest of the child will be served by the Court in modifying said Order.
WHEREFORE, Petitioner prays this Court to grant modification of the Custody Order as
follows: Petitioner and the Respondent have shared physical custody of children, with an
appropriate exchange schedule determined by the Court.
Date:~
Respectfully submitted,
ROMINGER & WHARE
Les. A. Tomeo,
155 South Hanov Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 200198
Attorney for Petitioner
JOSEPH PHILIP GARZA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LAW
TIFF ANY DENISE HOLLINGER
Defendant
: NO. 2003-3522 CIVIL
: IN CUSTODY
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 9 4904 relating to
unsworn falsification to authorities.
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Jose~:r
Petition
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A ..r--
JOSEPH PHILIP GARZA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LAW
TIFFANY DENISE HOLLINGER
Defendant
: NO. 2003-3522 CIVIL
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Leslie A. Tomeo, Esquire, attorney for Defendant, Joseph Philip Garza, do hereby
certify that I this day served a copy of the Petition to Modify Custody upon the following by
First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows:
Tiffany D. Hollinger
217 Green Lane Drive
Camp Hill, Pa 17011
Dated: 10 {Iz../ /)'"
Respectfully submitted,
ROMINGER & WHARE
Les e A. Tome , Esquire
155 South Hano er Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 200198
Attorney for Petitioner
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON p~~rt gpJ04
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 2003-3522 CIVIL
IN CUSTODY
COURT ORDER
J
AND NOW, this d d day of January, 2004, upon consideration of the attached.
Custody Conciliation report, it is ordered and directed that this courts prior orders of July
24, 2003 and October 7, 2003 shall remain in effect subject to the following modifications:
1. Father's periods of temporary custody shall be every Wednesday and Sunday from
9:00 a.m. until 6:00 p.m. Exchange of custody shall be either at a middle point
between the parents homes as agreed upon by the parents or shall be such that the
father shall pick up the children in the Inorning at 9:00 a.m. and mother shall pick
the children up at the fathers in the evening at 6:00 p.m.
2. Father shall work on making all necessary arrangements relative to handling the
minor children with respect to facilities within his home to care for the children.
,
3. Father shall complete the Parent Works program pursuant to the courts prior order.
4. Father shall cooperate in any counseling programs that involve any of the children,
and father shall ensure that the children shall attend those counseling sessions in the
event they are scheduled at times when father has custody.
5. The parties shall meet again with the custody conciliator for another custody
conciliation conference on March 25, 2004 at 8:30 a.m. It is anticipated at the next
custody conciliation conference that there will be a discussion relative to expanding
fathers periods of temporary custody to include over nights, subject, however, to the
living arrangements of the father and other issues that may develop prior to that
conciliation conference.
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cc: /Jessica Diamondstone, Esquire
jXara Haggerty, Esquire
BY
Judge Edward E. Guido
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 2003 -3522 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Yuri Dylan Hollinger, born March 16, 1999; Cole Joseph Hollinger, born July 1,
2002; and Nathaniel Rain Hollinger, born July 1, 2002.
2. A Conciliation Conference was held on January 16, 2004, with the following
individuals in attendance:
The father, Joseph Philip Garza, with his attorney, Kara W. Haggerty, and the
mother, Tiffany Denise Hollinger, with her attorney, Jessica Diamondstone.
3. The parties agreed to the entry of an order and the form is attached.
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JOSEPH PHILIP GARZA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
03-3522 CIVIL ACTION LAW
TlFF ANY DENISE HOLLINGER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, October 17,2006
, 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, Cumberlaud Couuly courthouse, Carlisle on Friday, Decemher 01,2006 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
ifthis cannot be accomplished, to define and narrow the issues to be heard hy the court, and to enter into a temporary
order. Ali 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 Ahuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin,.
FOR THE COURT.
By: Isl
Hubert X. Gilrov. Esq. ~
Custody Conciliator I
The Court of Common Pleas of Cumberland County is required by law to comply with tbe 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. Ali arrangements
must be made at least 72 bours 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 A TIORNEY 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) 249-3166
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JOSEPH PHILIP GARZA
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 03-3522 CIVIL TERM
TIFFANY DENISE HOLLINGER: IN CUSTODY
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Defendant, Tiffany Hollinger, in the above
captioned case.
Respectfully submitted,
Je si a Hol . Esquire
idPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
Date:
JO' o-()'0~
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JOSEPH PHILIP GARZA
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 03-3522 CIVIL TERM
TIFFANY DENISE HOLLINGER: IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Tiffany
Hollinger, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY
OF APPEARANCE on the following date and in the manner indicated below:
U.S. First Class Mail, Postage Pre-Paid
Leslie Tomeo, Esquire
155 South Hanover Street
Carlisle, PA 17013
Date: )0' dO - ~
Jessica olst, Esquire
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 03-3522
IN CUSTODY
COURT ORDER
~
AND NOW, this L day of February, 2007, upon consideration of the attached Custody
Conciliation report, it is ordered and directed that this Court's prior Orders of January 24, 2004,
July 24, 2003 and October 7, 2003 shall be vacated and replaced with the following Order:
1. The mother, Tiffany Denise Hollinger, shall enjoy legal and primary physical custody of
Yuri Dylan Hollinger, born March 16, 1999, Cole Joseph Hollinger, born July 1, 2002 and
Nathaniel Rain Hollinger, born Julyl, 2002.
2. The father shall have periods of temporary physical custody with the minor children as
follows:
a. One day a week from 9:00 a.m.. until 5:00 p.m. subject to the first three visits
being arranged through Parent Works which shall provide some type
supervision/monitoring/direction for the visitation. The extent ofthe visitation will
be subject to the availability of Parent Works in connection with arranging these
visitations. Costs of Parent Works shall be paid by the father.
3. Upon father's conclusion of three visits with the minor children at Parent Works and
assuming things are going well with the visitation, it is anticipated that visitation would be
expanded to allow father unsupervised visitation subject to the agreement ofthe parties. In
the event the parties are unable to reach an agreement, counsel for either party may contact
the Custody Conciliator to schedule another Custody Conciliation Conference. In light of
the father residing in North Carolina, this Conciliation Conference may be scheduled with
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a telephone conference between legal counsel and the Conciliator.
Judge Edward E. Guido
cc: Leslie Tomeo, Esquire
Jessica Holst, Esquire
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F:\FILESIDATAFILEIGenera1\CurrentI12321IGarza v Hollinger report and order
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JOSEPH PHILIP GARZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
TIFFANY DENISE HOLLINGER,
Defendant
NO. 03-3522
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Yuri Dylan Hollinger, born March16, 1999, Cole Joseph Hollinger, born July 1, 2002
and Nathaniel Rain Hollinger, born July 1, 2002.
2. A Conciliation Conference was held on February 1, 2007, with the following
individuals in attendance:
The father, Joseph Philip Garza, with his counsel, Leslie Tomeo, Esquire and the
mother, Tiffany Denise Hollinger, with her counsel, Jessica Holst, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
DATE: February 5, 2007